Intent to Dispose of Property - 2008 Foye Street_Rath Copyright 2014
City of Dubuque Public Hearings # 4.
ITEM TITLE: Intentto Dispose of Property- 2008 Foye Street
SUMMARY: Proof of publication on notice of public hearing to consider
approval to dispose of City-owned property at 2008 Foye
Street to David and Ellen Rath and the City Manager
recommending approval.
RESOLUTION Disposing of City Interest in real property
located at 2008 Foye Street, in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
2008 Foye Street-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
Warranty Deed 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: Sale of Property Located at 2008 Foye Street
DATE: February 8, 2016
The City of Dubuque took possession of 2008 Foye Street in October of 2015 through
Court Order by filing for Petition for Title. Previous to the City taking possession, the
property was abandon for approximately four years and under constant Code
Enforcement for multiple issues. Upon taking possession in late October, the City of
Dubuque Rehabilitation Inspector performed a detailed inspection and property
assessment and put together projected construction costs to rehabilitate the property.
The cost of rehabilitation exceeded the projected sale cost of the property considerably
due to the current condition of the structure.
The City of Dubuque was contacted by David and Ellen Rath, who live directly to the
east of 2008 Foye Street at 595 West Locust Street. They have expressed interest in
obtaining ownership of 2008 Foye Street to deconstruct the home for green
space/additional yard space and maintain/rehabilitate the garage. In exchange for the
Raths' agreement to deconstruct the home and rehabilitate the garage, they request
clear title and ownership of the lot at 2008 Foye Street.
Housing and Community Development Department Director Alvin Nash recommends
City Council approval of the sale of City-owned property located at 2008 Foye Street to
David and Ellen Rath for $1.00. The City of Dubuque will cover removal of asbestos
containing materials from the home and removal/disconnection of sewer/water
connections at the mains. The asbestos removal will cost the City $2,000, and the
sewer/water disconnection will cost the City $3,750.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Alvin Nash, Housing and Community Development Department Director
2
THE CITY OF Dubuque
AII-Ame1 rica City
DUBgkE r
Masterpiece on the Mississippi 2007.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Alvin Nash, Housing and Community Development Department
SUBJECT: Sale of Property Located at 2008 Foye Street
DATE: February 2, 2016
Introduction:
The purpose of this memorandum is to request approval of the attached Contract for
Sale and Agreement of City owned lot located at 2008 Foye Street.
Background:
The City of Dubuque took possession of 2008 Foye Street in October of 2015 through
Court Order by filing for Petition for Title. Previous to the City taking possession, the
property was abandon for approximately four years and under constant Code
Enforcement for multiple issues. Upon taking possession in late October the City of
Dubuque Rehabilitation Inspector performed a detailed inspection and property
assessment and put together projected construction costs to rehabilitate the property.
The cost of rehabilitation exceeded the projected sale cost of the property considerably
due to the current condition of the structure. The projected loss factor in rehabilitation of
the property minus the projected sale cost would have been $15,000 to $20,000 which
prompted us to move towards deconstruction of the property.
The City of Dubuque was contacted by David and Ellen Rath who live directly to the
east of 2008 Foye Street at 595 West Locust Street. They have expressed interest in
obtaining ownership of 2008 Foye Street to deconstruct the home for green
space/additional yard space and maintain/rehabilitate the garage. In exchange for the
Raths' agreement to deconstructing the home and rehabilitating the garage, they
request clear title and ownership of the lot at 2008 Foye Street.
Discussion:
Step 1: The City of Dubuque will place a Restrictive 21-year single family owner-
occupied covenant on 2008 Foye Street. Additionally, as part of this agreement the
Raths' have agreed to place a 21-year single family owner-occupied covenant on 595
West Locust Street.
Step 2: The City of Dubuque will cover removal of asbestos containing materials from
the home and removal/disconnection of sewer/water connections at the mains. The
asbestos removal will cost the City $2,000, and the sewer/water disconnection will cost
the City $3,750.
Step 3: David and Ellen Rath of 595 West Locust will be responsible for the remaining
deconstruction of the home located at 2008 Foye Street in accordance with our local
building codes and will obtain the necessary permit for the deconstruction work. David
and Ellen Rath will accept all financial responsibility to rehabilitate and save the existing
1-Stall detached garage which is located at 2008 Foye Street. They have further agreed
to obtain all necessary permits to perform the construction work on the garage as well
as adhere to the Rehabilitation Standards set forth in our agreement.
Step 4: Upon completion and final inspection of the agreed upon work above, David and
Ellen Rath will obtain clear title and ownership of the property and 1-stall detached
garage located at 2008 Foye Street.
The Contract for Sale and Agreement will benefit both the City of Dubuque, David and
Ellen Rath and the neighborhood. The City of Dubuque will suffer less of a financial loss
in this agreement, due to the Rath's accepting financial responsibility to deconstruct the
house and rehabilitate the garage located at 2008 Foye Street. The Rath's will benefit
from their investment by increasing the size of their yard or available green space,
adding a 1-stall detached garage for functionality, and increasing the value of their
property. In addition, this eliminates the underlying issue of a vacant/abandon structure
in the neighborhood.
On February 1 , 2016, the City Council, passed Resolution No. 34-16 declaring its intent
to dispose of the City-owned lot at 2008 Foye Street.
Action Step:
I request that the City Council passes, approves, and adopts the attached resolution,
Contract for Sale and Agreement for the property at 2008 Foye Street.
KLN/AN
2
Prepared by: Kris Neyen, 350 W. 6t" Street, Dubuque IA 52001 563 589-4239
Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239
RESOLUTION NO. 48-16
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 2008 FOYE
STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 34-16, dated February 1, 2016,
declared its intent to dispose of City interest in real property located at 2008 Foye
Street, legally described as:
East 24 feet of Lot 22 in Cox's Addition to, Dubuque, in the City of Dubuque,
Iowa, according to the recorded plat thereof.
(the Property); and
Whereas, pursuant to published notice, a public hearing was held on the
proposed disposition on February 15, 2016 at 6:30 p.m, in the Historic Federal Building,
350 W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Offer to
Buy and Contract Agreement for the sale to David and Ellen Rath according to the
terms and conditions set out in the Offer to Buy and Contract Agreement is in the public
interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA;
Section 1. The Offer to Buy_ and Contract Agreement by and between the City
of Dubuque and David and Ellen Rath for the sale of the Property, a copy attached
hereto, is hereby approved.
Section 2. The Mayor and City Clerk are hereby authorized and directed to
execute a Special Warranty Deed, conveying the City's interest in the Property to David
and Ellen Rath.
Section 3. That the City Clerk is hereby authorized and directed to cause said
Special Warranty Deed to be delivered to the City Attorney's Office, together with a
certified copy of the Resolution.
Passed, approved, and adopted this 15th day of February. 2016.
n
Roy D. 4061, Mayor
Attest:
Kevin b.`Firnstahl,-City, erk
Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Tax Statement to:
David & Ellen Rath
595 West Locust Street
Dubuque, IA 52001
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a
municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee
named below, and other good and valuable consideration, and pursuant to the authority
of Chapter 403, Code of Iowa, does hereby GRANT, SELL, AND CONVEY unto David
A. Rath and Ellen M. Rath, husband and wife as joint tenants with full rights of
survivorship and not as tenants in common, the following legally described real estate
situated in the County of Dubuque, State of Iowa, to wit (the Property):
East 24 feet of Lot 22 in Cox's Addition to Dubuque, in the City of Dubuque,
Iowa, according to the recorded plat thereof (2008 Foye Street)
This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6),
This Deed is given pursuant to the authority of Resolution No. 48-16 of the City
Council of the City of Dubuque adopted the 15th day of February, 2016, the terms and
conditions thereof, if any, having been fulfilled.
Grantor hereby covenants to warrant and defend the said premises against the
lawful claims of all persons whomsoever claiming by, through and under it.
Dated this 15th day of February, 2016 at Dubuque, Iowa.
CITY OF DUBUQ E IOWA
B
Roy D. By, &, Mayor
Attest:
A
By: L
Ke in S. Firnstahl, City Clerk
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
On this /60"" day of2016, before me a Notary Public in and
for said County, personally appeared R y D. Buol and Kevin S. Firnstahl to me
personally known, who being duly sworn, did say that they are the Mayor and City
Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to the foregoing
instrument is the seal of said Municipal Corporation, and that said instrument was
signed and sealed on behalf of said Municipal Corporation by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the
free act and deed of said Municipal Corporation by it voluntarily executed.
Notary Public in and for Dubuque County, Iowa
Commission Number 119986
My Commission Expires
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: City of Dubuque, Iowa, a municipal corporation (Seller)
SECTION 1. REAL ESTATE DESCRIPTION. The undersigned BUYER hereby offers
to buy and the undersigned SELLER by its acceptance agrees to sell the real estate
(Real Estate) situated in Dubuque, Iowa, locally known as 2008 Foye Street, Dubuque,
IA 52001 and legally described as:
East 24 feet of Lot 22 in Cox's Addition to Dubuque, in the City of Dubuque,
Iowa, according to the recorded. plat thereof.
legal description to be confirmed per continued abstract per Section 10, together with
any easements and appurtenant servient estates, but subject to the following:
a. any easements of record for public utilities or roads,
b. any zoning restrictions and other ordinances, and
c. any covenants of record.
SECTION 2. PURCHASE PRICE. The purchase price shall be one dollar ($1.00).
SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes
payable for fiscal year 2014-2015 and prior years. Seller shall also pay real estate
taxes for fiscal year 2015-2016 prorated through the date of closing. Buyer shall pay all
subsequent real estate taxes due and payable after the date of closing.
SECTION 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments
which are a lien on the Real Estate as of the date of acceptance of this Offer. All other
special assessments shall be paid by Buyer.
SECTION 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or
damage to the Real Estate prior to closing or possession, whichever first occurs. Seller
agrees to maintain existing insurance and Buyer may purchase additional insurance. In
the event of substantial damage or destruction prior to closing, this agreement shall be
null and void; provided, however, Buyer shall have the option to complete the closing
and receive insurance proceeds regardless of the extent of damages. The property
shall be deemed substantially damaged or destroyed if it cannot be restored to its
present condition on or before the closing date.
SECTION 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its
present condition and delivered intact at the time of possession is delivered to Buyer,
provided, however, if there is loss or destruction of all or any part of the Real Estate
from causes covered by the insurance maintained by Seller, Buyer agrees to accept
such damaged or destroyed Real Estate together with such insurance proceeds in lieu
of the Real Estate in its present condition and Seller shall not be required to repair or
replace same.
SECTION 7. POSSESSION AND CLOSING.
7.1 If Buyer timely performs all obligations, possession of the Real Estate shall be
delivered to Buyer on or before June 17, 2016, or such earlier date as the parties may
agree in writing, with any adjustments of rent, insurance, and interest to be made as of
the date of transfer of possession.
7.2 Closing shall occur after the approval of title by Buyer and vacation of the Real
Estate by Seller, but prior to possession by Buyer. Seller agrees to permit Buyer to
inspect the Real Estate within seventy two (72) hours prior to closing to assure that the
premises are in the .condition required by this agreement. If possession is given on a
day other than closing, the parties shall make a separate agreement with adjustments
as of the date of possession.
7.3 This transaction shall be considered closed upon the delivery of the title transfer
documents to Buyer and receipt of all funds then due at closing from Buyer under the
Agreement.
SECTION 8. USE OF PURCHASE PRICE. At time of settlement, funds of the
Purchase Price may be used to pay taxes and other liens and- to acquire outstanding
interests, if any, of others.
SECTION 9. FIXTURES. Included with the Real Estate shall be all fixtures that
integrally belong to, are specifically adapted to or are a part of the real estate, whether
attached or detached. Also included shall be the following: N/A. The following items
shall not be included: N/A.
SECTION 10. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an
abstract of title to the Real Estate and deliver it to Buyer's attorney for examination. It
shall show marketable title in Seller in conformity with this Agreement, Iowa law, and
title standards of the Iowa State Bar Association. Seller shall make every reasonable
effort to promptly perfect title. If closing is delayed due to Seller's inability to provide
marketable title, this agreement shall continue in force and effect until either party
rescinds the Agreement after giving ten (10) days written notice to the other party. The
abstract shall become the property of Buyer when the Purchase Price is paid in full.
Seller shall pay the costs of any additional abstracting and title work due to any act or
omission of Seller, including transfers by or the death of Seller or Seller's assignees.
Unless stricken, the abstract shall be obtained from an abstracter qualified by the
Guaranty Division of the Iowa Housing Finance Authority.
SECTION 11. DEED. Upon. payment of the Purchase Price, Seller shall convey the
Real Estate to Buyer by Special Warranty Deed, free and clear of all liens, restrictions,
and encumbrances, except as provided in this agreement. General warranties of, the
title shall extend to the time of delivery of the deed excepting liens and encumbrances
suffered or permitted by Buyer.
2
SECTION 12. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract
shall apply to and bind the successors in interest of the parties. This agreement shall
survive the closing.
SECTION 13. RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING AND
REVIEW. Real Estate deeded herein is taken in "as is" condition with no guarantees or
warranties express or implied.
SECTION 14. ENCUMBRANCES. Seller warrants that the Real Estate will as of the
date of closing be free and clear of all liens, security interests, and encumbrances.
SECTION 15. TENANTS. The Real Estate is free and clear of any occupants, and no
party has a lease to or other occupancy or contract right in the Real Estate which shall
in anyway be binding upon the Real Estate Seller shall hold harmless and indemnify
the Buyer for and against any claims, which may arise or be based upon any alleged
leasehold interest, tenancy, or other right of occupancy or use for any portion for the
Real Estate. This covenant shall survive the closing.
SECTION 16. NO REAL ESTATE AGENT OR BROKER. Neither party has used the
service of a real estate agent or broker in connection with this transaction.
SECTION 17. CERTIFICATION. Buyer and Seller each certify that they are not acting,
directly or indirectly, for or on behalf of any person, group, entity or nation named by any
Executive Order or the United States Treasury Department as a terrorist, "Specially
Designated National ,and. Blocked Person" or any other banned or blocked person,
entity, nation or transaction pursuant to any law, order, rule or regulation that is
enforced or administered by the Office of Foreign Assets Control; and are not engaged
in this transaction, directly or indirectly on behalf of, any such person, group, entity or
nation. Each party hereby agrees to defend, indemnify and hold harmless the other
party from and against any and all claims, damages, losses, risks, .liabilities and
expenses (including attorney's fees and costs) arising from or related to breach of the
foregoing certification.
SECTION 18. REMEDIES OF THE PARTIES.
18.1 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 (30)
days written notice of intention to accelerate the payment of the entire balance because of
such failure (during which thirty (30) 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.
18.2 If Seller fails to timely perform this contract, Buyer has the right to have all
payments made returned to it.
18.3 Buyer and Seller also are entitled to utilize any and all other remedies or actions at
3
law or in equity available to them and shall be entitled to obtain judgment for costs and
attorney fees as permitted by law.
SECTION 19. WAIVER. Failure to promptly assert rights herein shall not, however, be
a waiver of such rights or a waiver of any existing or subsequent default.
SECTION 20. NOTICE. Any notice under this agreement shall be in writing and be
deemed served when it is delivered by personal delivery or mailed by certified mail,
addressed to the parties at the addresses given below.
David & Ellen Rath
595 West Locust Street
Dubuque, IA 52001
City of Dubuque
Attn: Alvin Nash
50 W. 13th Street
Dubuque, IA 52001
SECTION 21. TIME IS OF THE ESSENCE.
agreement, time shall be -of the essence.
In the performance of each part of this
SECTION 22. TIME FOR ACCEPTANCE. When accepted, this agreement shall
become a binding contract. If this Offer is not 'accepted and delivered to Buyer on or
before 5:00 p.m. on February 29, 2016, this agreement shall be null and void and all
payments shall be returned immediately to the Buyer.
SECTION.23. ENTIRE AGREEMENT. This agreement contains the entire agreement
of the parties and shall not be amended except by a written instrument duly signed by
Seller and Buyer.
SECTION 24. PARAGRAPH HEADINGS AND CONSTRUCTION. Paragraph
headings are for convenience of reference and shall not limit or affect the meaning of
this Agreement. Words and phrases herein shall be construed as in the singular or
plural number, and as masculine, feminine or neuter gender according to the context.
SECTION 25. OTHER PROVISIONS.
25.1 This agreement is subject to the final approval of the City Council of the City of
Dubuque, Iowa in its sole discretion. If the City Council of the City of Dubuque, Iowa
does not approve this Offer, it shall become automatically void and neither party shall
be bound by the terms and conditions set forth herein.
25.2 The Real Estate will have a restrictive covenant filed indicating the property must
remain owner occupied for twenty-one (21) years.
4
25.3 The terms of the Contract Agreement attached to this Offer to Buy are hereby
incorporated.
SELLER
CITY OF DUB QUE, IOWA
By: _ zelv P,
Roy D. B�uol, J ayor
Dated: �a ;
BUYER
DAVID & ELLEN RATH
By. --
David A. Rath
By:
Ellen M. Rath
Dated:
5
Contract Agreement
Property: 2008 Foye Street
Asbestos Removal Work:
The City. of Dubuque will take on financial responsibility to have the asbestos containing
materials removed by a Licensed Contractor according to State Regulations. The total cost of
the asbestos removal no more than $2,000.
Sewer/Water Disconnection Work:
The City of Dubuque will take on financial responsibility to have both the private water and
sewer lines disconnected at the mains. The total cost of the water/sewer disconnections will be
no more than $3,750.
Work Description of Deconstructing the Home:
The Raths' (Owner) to agree to all other financial responsibility for the work to be done at 2008
Foye Street. The Owner will be responsible to obtain a deconstruction permit to completely
remove the entire existing single family home currently constructed on this lot. Owner to remove
all portions of the structure up to the 1 -stall detached garage down to the existing foundations.
Owner to haul all materials off site and is encouraged to recycle and reuse any suitable
materials, and haul all other materials and debris off site to the landfill. Owner to remove all
foundation material around the perimeter of the structure to a minimum of 1 foot below grade
prior to.backfilling. Owner to haul in clean uncontaminated fill for backfill with a minimum of 6
inches of clean black dirt for topsoil. Owner to properly compact the fill and restore the lot to the
natural condition upon final grading. Owner must install proper plant habitat in the soil that
meets all applicable City Codes & Ordinances upon completion to avoid erosion and run-off in
the newly compacted soil. See attached photo of house and garage.
Work Description of Rehabilitating the Garage:
Owner to agree to the following work to be done on the existing 1 -stall detached garage. Owner
to obtain a building permit for the rehabilitation work being done on the garage. The garage
repairs and rehabilitation work to fall in accordance with the attached Rehabilitation Standards
Manual, and be done in accordance with all applicable City Codes.
Project Completion Date:
Owner agrees to have all work completed and final inspections made by June 17, 2016.
ers:
David Rath
llkfienfN
Ellen Rath
Sellers:
Roy D.Ko-11, Mayor
City of Dubuque
CHANGE ORDER
Owner: David & Ellen Rath
Address: 2008 Foye Street
Contractor: N/A
Regarding Purchase Agreement and De-Construction/Rehabilitation Contract of the
House and Garage located at 2008 Foye Street.
Change Order Items:
1. Contract Extension of Time to Completion: 07/30/2016
Owner to be allowed additional time to de -construct the home and rehabilitate the
garage located at 2008 Foye Street, owner has an extension of time to complete this
work until July 30th, 2016.
Owner Signature:
approve this change order.
Authorized.
Rehdb-Miation ervisor: Kris Neyen
Rehabilitation Inspector: Todd Carr
Date
NMI
Date
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Date
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y 4:
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STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: February 05, 2016, and for which the charge is $49.65.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day o , 20 _Zwl- .
otary Public in and for Dubuque County, Iowa.
eN.4vlI des "l I
t ffa ads'$
1
CITY OF DUBUQUE,
IOWA.
OFFICIAL NOTICE
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 Historic
Federal'Building;, 350
West Sixth Street,
second floor, Dubuque,
at which Ic
looses"to
the City Counwa
il pro
p disposeeoflan
.,.
interest in . the
following( described l
real property by sale to;
David and Ellen Rath:
East 24 feet of Lot 22
in Cox's Addition to
Dubuque, in the City of
Dubuque, Iowa, accord-
ing to the recorded plat 1
thereof. (2008 Foye,.
Street)
At the meeting, the
City,`,Council- will -re-
ceive oral and written
. comments from any
resident or property;
owner of said City to
the above : action.,rehabilitate
family Property and
Written comments
the exist-,
ing garage in accor-
regarding the above -',
public hearing may be
dance with the
submitted to the City !
Rehabilitation , Stan -
and
Clerk's Office, City I
Hall, 50 W. 13th Street, ]
cabdarle Co,desppas
approved by the City
on before said time
Council; and
of public hearing,
Copies of supporting
.
WHEREAS, conveying
the Property to David
documents .forthe
and Ellen Rath is I
public hearings are on
file in the City Clerk's
1,
,
consistent . with the
Office, and may be
city intent for this
specific property; and
viewed during ,norma
WHEREAS, City L..
working, hours.
g
Any visual or hearing
g
desires to 'hold the
required public hearing
impaired persons need-
and conveyance of the
ing special assistance',
or persons with special
David and, i
ProEllen
accessibility needs
Rathto
NOW, THEREFORE; '
should contact the City -
Clerk's Office' at (563)
BE IT RESOLVED BY
589-4100 TDD
THE CITY COUNCIL
OF THE,
CITY OF
a t 46
least he
hours prior to the
hours 78 prior
DUBUQUE; IOWA:
Section1. That the
meeting.
Dated this 1st day of
.City of DubuqueIowa - 1
,
intends to dispose of
February, 2016 .
Kevin S.:Firnstahl''
its 'interest in the
following. legally deS-
City Clerk
RESOLUTION
cribed property:
East 24 fee of. Lot 22
NO. 34-16
INTENT TO DISPOSE
in `sox's Addition to
Dubuque, in the City of
OF AN INTEREST IN
CITY, OF DUBUQUE j
Du„ buque, Iowa, accord -
ing to the recorded plat
REAL ESTATE, SET,
thereof. it
TING A TIME AND
Section .- That the
PLACE FOR HEARING.
AND -PROVIDING. FOR
City of Dubuque, Iowa,
to dispose of
THE PUBLICATION OF
proposes
its Interest` in the
NOTICE THEREOF
Property to David and
WHEREAS, the City of
Dubuque, Iowa (City) IN
Ellen Rath for the sum'
the owner b$2008 Foye
of one dollar ($1.00).
Section 3. That the
Street (the Property)
legally described as:
City Clerk is hereby
zed and direct
authorized,
East 24 feet of Lot 22
to cause this
in Cox's Addition to
Dubuque, inthe City of
Resolution and a notice
to be as I
Dubuque, Iowa, accord-.
. published
prescribed by Iowa
ing to the recorded plat
Code Section 364.7 of a
thereof.
WHEREAS, City
public hearing on the
City's intent to dispose',
acquired the Property
erbe
of the Property to
e
as vacant/abandoned:
property in which the
held on the day
February, 2016, at 6:30
s sion of in Dubuque took
o'clock P.M. at the
possession
posses
October 2015 through
Historic Federal Build' -
ing, 350 6th
Court Order ;, filing
for for; and
.West
Street, Dubuque, Iowa.'
petition
WHEREAS, City and
Passed; approved and
adopted this 1st day of
David and Ellen Rath
February
entered into a Contract ,;
Agreement pursuant to
Agreement
o
Roy D. Buol, Mayor
which City will convey ,
Attest:
Att stest: Kevin
City Clerk
the Property to David
It 2/5
and Ellen- Rath to
deconstrupt the single
THE CITY OF
DUBtJE MEMORANDUM
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ.
ASSISTANT CITY ATTORNEY
R2V'N
To: Jean Nachtman
Finance Director
DATE: May 6, 2016
RE: 2008 Foye Street
We have closed on the above -referenced property.
Attached please find:
1. The original Closing Statement.
2. A copy of the special warranty deed, groundwater hazard statement, and
declaration of value. These documents were filed with the Recorder by David &
Ellen Rath.
If you need further information, please let me know. Thank you.
cc: Kevin Firnstahl, City Clerk
Alvin Nash, Housing & Community Development Director
Seller:
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
Purchase Price
Closing Statement
2008 Foye Street
Closing Date: May 3, 2016
Buyer:
David & Ellen Rath
595 West Locust Street
Dubuque, IA 52001
$1.00
I have reviewed the Closing Statement and agree to the above disbursements.
SELLER: CITY OF DUBUQUE, IOWA
By: Crenna Brumwell
Assistant City Attorney
BUYERS: DAVID & ELLEN RATH
By: David Rath
By: Ellen Rath
5/3/
Date
,5/J /16
Date
Date
Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Tax Statement to:
David & Ellen Rath
595 West Locust Street
Dubuque, IA 52001
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a
municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee
named below, and other good and valuable consideration, and pursuant to the authority
of Chapter 403, Code of Iowa, does hereby GRANT, SELL, AND CONVEY unto David
A. Rath and Ellen M. Rath, husband and wife as joint tenants with full rights of
survivorship and not as tenants in common, the following legally described real estate
situated in the County of Dubuque, State of Iowa, to wit (the Property):
East 24 feet of Lot 22 in Cox's Addition to Dubuque, in the City of Dubuque,
Iowa, according to the recorded plat thereof (2008 Foye Street)
This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6).
This Deed is given pursuant to the authority of Resolution No. 48-16 of the City
Council of the City of Dubuque adopted the 15th day of February, 2016, the terms and
conditions thereof, if any, having been fulfilled.
Grantor hereby covenants to warrant and defend the said premises against the
lawful claims of all persons whomsoever claiming by, through and under it.
Dated this 15th day of February, 2016 at Dubuque, Iowa.
CITY OF DUBUQUE IOWA
By:
I' Li
Roy D. ByrdT, Mayor
Attest:
By:
Ke 'n S. Firnstahl, ity Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE )
On this /65 day of 'rib , 2016, before me a Notary Public in and
for said County, personally appeared Rcy D. Buol and Kevin S. Firnstahl to me
personally known, who being duly sworn, did say that they are the Mayor and City
Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to the foregoing
instrument is the seal of said Municipal Corporation, and that said instrument was
signed and sealed on behalf of said Municipal Corporation by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the
free act and deed of said Municipal Corporation by it voluntarily executed.
Notary Public in and for Dubuque County, Iowa
I'MiSH L. iJLEA,50N—
Commission Number 719986
'Commission Expires
Prepared by: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239
Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239
RESOLUTION NO. 48-16
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 2008 FOYE
STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 34-16, dated February 1, 2016,
declared its intent to dispose of City interest in real property located at 2008 Foye
Street, legally described as:
East 24 feet of Lot 22 in Cox's Addition to Dubuque, in the City of Dubuque,
Iowa, according to the recorded plat thereof.
(the Property); and
Whereas, pursuant to published notice, a public hearing was held on the
proposed disposition on February 15, 2016 at 6:30 p.m. in the Historic Federal Building,
350 W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Offer to
Buy and Contract Agreement for the sale to David and Ellen Rath according to the
terms and conditions set out in the Offer to Buy and Contract Agreement is in the public
interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA;
Section 1. The Offer to Buy and Contract Agreement by and between the City
of Dubuque and David and Ellen Rath for the sale of the Property, a copy attached
hereto, is hereby approved.
Section 2. The Mayor and City Clerk are hereby authorized and directed to
execute a Special Warranty Deed, conveying the City's interest in the Property to David
and Ellen Rath.
Section 3. That the City Clerk is hereby authorized and directed to cause said
Special Warranty Deed to be delivered to the City Attorney's Office, together with a
certified copy of the Resolution.
Passed, approved, and adopted this 15th day of February; 2016.
Attest:
Kevin t.'Firnstahl,dity-clerk
Roy D. 461, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 48-16 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 16th day of February, 2016.
Kevin ` Firnstahl, CNIC, City Clerk
(SEAL)
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name City of Dubuque, Iowa
Address 50 West 13th Street, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
TRANSFEREE:
Name David A. & Ellen M. Rath
Address 595 West Locust Street, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
Address of Property Transferred:
2008 Foye Street
Number and Street or RR City, Town or P.O.State Zip
Legal Description of Property: (Attach if necessary) East 24 feet of Lot 22 in Cox's Addition to
Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof
1. Wells (check one)
X There are no known wells situated on this property.
_ There is a well or wells situated on this property. The type(s), location(s) and legal status are
stated below or set forth on an attached separate sheet, as necessary.
2. Solid Waste Disposal (check one)
X There is no known solid waste disposal site on this property.
_ There is a solid waste disposal site on this property and information related thereto is provided
in Attachment #1, attached to this document.
3. Hazardous Wastes (check one)
X There is no known hazardous waste on this property.
There is hazardous waste on this property and information related thereto is provided in
Attachment #1, attached to this document.
4. Underground Storage Tanks (check one)
X There are no known underground storage tanks on this property. (Note exclusions such as
small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in
instructions.)
_ There is an underground storage tank on this property. The type(s), size(s) and any known
substance(s) contained are listed below or on an attached separate sheet, as necessary.
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
5. Private Burial Site (check one)
X There are no known private burial sites on this property.
There is a private burial site on this property. The location(s) of the site(s) and known
identifying information of the decedent(s) is stated below or on an attached separate sheet, as
necessary.
6. Private Sewage Disposal System (check one)
X All buildings on this property are served by a public or semi-public sewage disposal system.
This transaction does not involve the transfer of any building which has or is required by law to
have a sewage disposal system.
There is a building served by private sewage disposal system on this property or a building
without any lawful sewage disposal system. A certified inspector's report is attached which
documents the condition of the private sewage disposal system and whether any modifications
are required to conform to standards adopted by the Department of Natural Resources. A
certified inspection report must be accompanied by this form when recording.
There is a building served by private sewage disposal system on this property. Weather or
other temporary physical conditions prevent the certified inspection of the private sewage
disposal system from being conducted. The buyer has executed a binding acknowledgment
with the county board of health to conduct a certified inspection of the private sewage disposal
system at the earliest practicable time and to be responsible for any required modifications to
the private sewage disposal system as identified by the certified inspection. A copy of the
binding acknowledgment is attached to this form.
_ There is a building served by private sewage disposal system on this property. The buyer has
executed a binding acknowledgment with the county board of health to install a new private
sewage disposal system on this property within an agreed upon time period. A copy of the
binding acknowledgment is provided with this form.
_ There is a building served by private sewage disposal system on this property. The building to
which the sewage disposal system is connected will be demolished without being occupied. The
buyer has executed a binding acknowledgment with the county board of health to demolish the
building within an agreed upon time period. A copy of the binding acknowledgment is provided
with this form. [Exemption #9]
This property is exempt from the private sewage disposal inspection requirements pursuant to
the following exemption [Note: for exemption #9 use prior check box]:
The private sewage disposal system has been installed within the past two years pursuant to
permit number
Information required by statements checked above should be provided here or on separate
sheets attached hereto:
I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM
THAT THE INFORMATIO► STATED ABOVE IS TRUE AND CORRECT.
Signature:
(Tran feror or Agent)
FILE WITH RECORDER
Telephone No.: (563) 589-4381
DNR form 542-0960 (July 18, 2012)
11
1
1
11
1
1
11
1
1
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REAL ESTATE TRANSFER - DECLARATION OF VALUE
Please read the instructions on the reverse side BEFORE completing and filing this form.
Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT
Date of Instrument. 05/03/2016
SELLER: City of Dubuque, Iowa
Seller Address: 50 West 13th Street. Dubuque. IA 5'001
BUYER: David A. & Ellen M. Rath
• Deed _1 ® Contract 2 ❑ A
Phone. (563) 589-4381
e -mail -
Phone: (563) 557-0316
Buyer Address: 595 West Locust Street, Dubuque, IA 52001 e -mail -
Address of Property Conveyed: 2008 Foye Street
Legal Description: East 24 feet of Lot 22 in Cox's Addition to Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof
Type of Sale: ❑ Sale between related parties/family 0 Sale of partial interest 0 Trade 0 Quit Claim Deed 0 Auction
Was this a sale of AG LAND to: 0 Corporation 0 Trust 0 Alien 0 Non -Resident Alien 0 Limited Partnership A
DECLARATION OF VALUE STATEMENT
1. Total Amount Paid $ 1.00
2. Amount Paid for Personal Property (see instructions) $
3. Amount Paid for Real Property Only (1 minus 2) $ 1.00 -
I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART I OF THIS FORM IS TRUE AND CORRECT AS
DETAILED ON THE BACK OF THIS FORM .
Printed rumwel
Signature
Phone #: (563) 589-4381
0 Buyer or ® Seller or 0 Agent or 0 Attorney
PART II - TO BE COMPLETED BY THE ASSESSOR
Primary Classification: ❑ Res _4_ ❑ Com _5_ 0 Ind _2_ 0 Ag _ 1_ 0 MultiRes _7_ City/Township
Primary Parcel Number A YearBlt Occ NUTC
A
Classification
Land
Building
Dwelling
Total
Residential
Commercial
Industrial
Agricultural
Multi Residential
Comments:
Effective On or Before 09/01/14
Iowa Department of Revenue
ISBA 57006a (07/23/14)