Intent to Dispose of Property_Curtiss-McEvoy Streets_Routely Construction_Initiate Copyright 2014
City of Dubuque Items to be set for Public Hearing # 3.
ITEM TITLE: Intentto Dispose of Property- Curtiss-McEvoy Street Lot
SUMMARY: City Manager recommending City Council set a public
hearing for February 15, 2016 on the sale of a vacant lot on
Curtiss Street to Routley Construction, LLC for the
construction of a single-family residence.
RESOLUTION Intent to Dispose of an Interest in City
Owned Real Property by Sale to Routley Construction, LLC
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for 2/15/16
ATTACHMENTS:
Description Type
Routley Construction Offer to Buy-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution of Intent Resolutions
Offer to Buy Supporting Documentation
Public Notice Draft Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Offer to Buy— Routley Construction, LLC (Curtiss-McEvoy Streets)
DATE: January 27, 2016
City Attorney Barry Lindahl recommends the City Council set a public hearing for
February 15, 2016 on the sale of a vacant lot on Curtiss Street legally described as
Lot 1 of Bonson & Stewart Place in the City of Dubuque, Iowa, to Routley Construction,
LLC for $12,500. Routley Construction intends to construct a single family residence on
the property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
HE CITY OF
DUB
E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: January 27, 2016
RE: Offer to Buy— Routley Construction, LLC (Curtiss-McEvoy Streets)
The City of Dubuque, Iowa is the owner of a vacant lot on Curtiss Street legally described
as:
Lot 1 of Bonson & Stewart Place in the City of Dubuque, Iowa
The City has received an offer from Routley Construction, LLC to purchase the property
for$12,500. A copy of the offer is attached. Routley Construction, LLC intends to construct
a single family residence on the property.
I recommend that the City Council adopt the attached resolution of intent to dispose of the
property by sale to Routley Construction, LLC setting a public hearing of the sale for
February 15, 2016.
BAL:tIs
Attachment
F:\USERSUsteckle\Department Correspondence\Enginee ring\Curtis-McEvoy Lot\MVM_ResolutionlntentToDispose_Routley_012716.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL balesq@cityofdubuque.org
RESOLUTION NO. 33-16
INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROPERTY BY
SALE TO ROUTLEY CONSTRUCTION, LLC
WHEREAS, the City of Dubuque, Iowa (City) owns the following real property:
Lot 1 of Bonson & Stewart Place, in the City of Dubuque, Iowa
(the Property); and
WHEREAS, City has entered into an agreement with Routley Construction, LLC to sell
the Property to Routley Construction, LLC, a copy of which agreement is attached hereto;
and
WHEREAS, the City Council has tentatively determined that it would be in the best
interests of the City to approve the sale of the Property to Routley Construction, LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -
described real property by sale to Routley Construction, LLC.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public
hearing on the City's intent to dispose of an interest in the foregoing -described real
property, to be held on the 15th day of February, 2016, at 6:30 o'clock p.m. at the Historic
Federal Building, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 1st day of Februpry, 2016.
Roy D. Bye -1, Mayor
Attest:
Kevin irnstahl, Cierk
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: The City of Dubuque, Iowa, Seller:
SECTION 1. REAL ESTATE DESCRIPTION. Routley Construction, LLC (Buyer)
offers to buy real estate in Dubuque County, Iowa, described as follows:
Lot 1 of Bonson & Stewart Place, in the City of Dubuque, Iowa
(Parcel # 1025353028)
with any easements and appurtenant servient estates, but subject to the following: a. any
zoning and other ordinances; b. any covenants of record; c. any easements of record for
public utilities, roads and highways designated the Real Estate; provided Buyer, on
possession, is permitted to make the following use of the Real Estate: residential.
SECTION 2. PRICE. The purchase price is $12,500.00 as follows: $1,000.00 paid
herewith and the balance of$11,500.00 payable in cash at closing.
SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes
payable in prior years. Buyer shall pay all real estate taxes for the current fiscal year and
all subsequent real estate taxes.
SECTION 4. POSSESSION; CLOSING. If Buyer timely performs all obligations,
possession of the Real Estate shall be delivered to Buyer on or before February 19, 2016,
or such other date as the parties agree in writing.
SECTION 5. ABSTRACT AND TITLE. Seller will not provide an abstract of title to the
Real Estate. Buyer is purchasing the Real Estate "as is" and Seller makes no warranty of
title.
SECTION 6. DEED. Upon payment of the purchase price, Seller shall convey the Real
Estate to Buyer by Quit Claim Deed.
SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence in this Contract.
SECTION 8. REMEDIES OF THE PARTIES
8.1. If Buyer fails to timely perform this Contract, Seller may forfeit it as provided in the
Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty
days written notice of intention to accelerate the payment of the entire balance because
of such failure (during which thirty days such failure is not corrected) Seller may declare
the entire balance immediately due and payable. Thereafter this Contract may be
foreclosed in equity and the Court may appoint a receiver.
8.2. If Seller fails to timely perform this Contract, Buyer has the right to have all
payments made returned.
8.3. Buyer and Seller also are entitled to utilize any and all other remedies or actions at
law or in equity available to them and shall be entitled to obtain judgment for costs and
attorney fees as permitted by law.
SECTION 9. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract
shall apply to and bind the successors in interest of the parties.
SECTION 10. TIME FOR ACCEPTANCE. If this offer is not accepted by Buyer on or
before January 28, 2016, it shall become void and all payments shall be repaid to Seller.
SECTION 11. NOTICE. The following shall be used for purposes of providing written
notice pursuant to this Contract.
City of Dubuque
City Manager
50 West 13th Street
Dubuque IA 52001
Routley Construction, LLC
Kory Routley, Manager
12701 Pine View Drive
Peosta, IA 52068
SECTION 12. APPROVAL OF CITY COUNCIL. This Contract is subject to final
approval by the City Council.
THIS OFFER IS ACCEPTED
CITY OF DUBUQUE, IOWA ROUTLEY CONSTRUCTION, LLC
Seller Buyer
Dated: Dated: !fZ 7126 14,
By By
Michael C. Van Milligen Ko outley, Man er
City Manager
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE INTENT TO DISPOSE OF AN INTEREST IN CITY OF
DUBUQUE REAL ESTATE PURSUANT TO AN AGREEMENT BETWEEN THE CITY
OF DUBUQUE AND ROUTLEY CONSTRUCTION, LLC
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will
hold a public hearing on the 15th day of February, 2016, at 6:30 p.m. in the City Council
Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa, at which
meeting the City Council proposes to take action on the intent to dispose of an interest in
City of Dubuque real estate, Lot 1 of Bonson & Stewart Place, in the City of Dubuque,
Iowa, pursuant to an Agreement between the City of Dubuque and Routley Construction,
LLC, and for the authorization and execution of the Agreement
At the meeting, the City Council will receive oral and written objections from any resident
or property owner of said City to the above action. After all objections have been received
and considered, the City Council may at this meeting or at any adjournment thereof,
approve the Agreement. By order of the City Council said hearing and appeals therefrom
shall be held in accordance with and governed by the provisions of Section 403.9 of the
Code of Iowa.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office, 50 W. 13th St., and may be viewed during normal working hours.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or
TDD (563) 690-6678 at least 48 hours prior to the meeting.
This notice is given by order of the City Council of the City of Dubuque, Iowa, as provided
by Chapter 403 of the Code of Iowa.
Dated this 5th day of February, 2016.
Kevin S. Firnstahl, City Clerk of Dubuque, Iowa