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Sale of Property - 2283 White Street_Hanen_Hearing Copyright 2014 City of Dubuque Public Hearings # 6. ITEM TITLE: Sale of Property-2283 White Street SUMMARY: Proof of publication on notice of public hearing to consider the sale of property located at 2283 White Street to Shawn and Christina Hanen and the City Manager recommending approval. RESOLUTION Disposing of City interest in real property located at 2283 White Street in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Sale of Property Located at 2283 White Street-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Real Estate Contract Supporting Documentation Proof of Publication 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 2283 White Street DATE: July 12, 2016 Housing and Community Development Department Alvin Nash recommends City Council approval of the sale of property located at 2283 White Street to Shawn and Christina Hanen, who currently own and occupy the adjoining property located at 2286 Central Avenue. On April 15, 2015, the Drug Task Force arrested individuals residing at 2283 White Street for the manufacturing of illegal drugs. It was determined that dangerous chemicals were used in the process of manufacturing of the illegal drugs and the structure was posted as uninhabitable due to dangerous chemical exposure. To eliminate a dangerous structure, the City petitioned the court for title with the desire to demolish or de-construct the posted structure. As part of the transaction the Hanens' will have the two properties platted into a single parcel. A 21-year single family owner-occupied restrictive covenant will be placed on the consolidated property. I 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 THE CITY OF Dubuque AII11-America CiI.ty UB E1 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 2283 White St DATE: July 12, 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 2283 White Street. Background On April 15, 2015, the Drug Task Force arrested individuals residing at 2283 White Street for the manufacturing of illegal drugs. It was determined that dangerous chemicals were used in the process of manufacturing of the illegal drugs and the structure was posted as uninhabitable due to dangerous chemical exposure. To eliminate a dangerous structure, the City petitioned the court for title with the desire to demolish or de-construct the posted structure. City of Dubuque took possession of 2283 White Street in May 2016 through Court Order by filing for Petition of Title. This property was used to manufacture illegal drugs. Discussion: This sale will be to Shawn and Christina Hanen, who currently own and occupy the property located at 2286 Central Avenue, which adjoin each other at the rear of the properties. As part of the transaction the Hanens' will have the two properties platted into a single parcel. A 21-year single family owner-occupied restrictive covenant will be placed on the consolidated property. The City of Dubuque will pay for asbestos testing and mitigation of any hazardous materials, removal/disconnection of sewer/water connections at the mains and the deconstruction/demo of 2283 White Street. Funding used to do perform this work will be from the Downtown TIF (3601595). The Hanens' would be responsible to combine the two parcels, install a paved driveway and/or garage that meets current setback requirements and convert a graveled parking area in their side yard to green space. The abstract for 2283 White Street and 2286 Central Avenue will be re-platted combining the two parcels with the Restrictive 21-year covenant being attached to the parcel before deeding the property to Hanens'. The Real Estate will be restricted for residential use of no more than one single-family owner-occupied property. Rental of the real estate is not allowed. No portion of the real estate can be rented as an apartment. On July 5, 2016, the City Council, passed Resolution No. 267-16 declaring its intent to dispose of the City-owned lot at 2283 White 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 2283 White Street. KLN 2 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: July 8, 2016, and for which the charge is $52.09. E 4 f k G u i Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of , 20 �4 2.7 i f otary Public in and for Dubuque County, Iowa. f Et2o` MARY K. R�� commission Number 15 m2 �d Mv �I 6 k f I. — i CITY'OF DUBUQUE, in the following descri- City of Dubuque took' IOWA : bed real property by, possession'of m Octo OFFICIAL NOTICE sale to Shawn and I ber 2015 through Court PUBLIC NOTICE is Christina Hanen: order,by ng for pets- hereby given that the E 1/2-N 1/4-Lot 16p;&1 tionjor;and. City.Council of the City E 1/2-S'1/2-Lot 18 L H 1 ` WHEREAS, City, and of Dub uque,."lowa', will Langworthy's Addition 1 Shawn C.and Christina hold a public hearing to Dubuque,in the City i M. Hanen entered into on the 18th day of July, of Dubuque,r Iowa, ac- a Contract Agreement 2016,at 6:30 P.M.in the° cording to the record- pursuant to which City Historic Federal Build- ed plat thereof(locally will convey the Proper- ing, 350 West Sixth known as 2283, White ty to Shawn C. and Street, second floor, Street) the Christina M.uHanen'as Dubuque, Iowa, at l At the meeting, approved by tde City which meeting the City City Council will, re Council;and , Council proposes to ceive oral,and written' WHEREAS,conveying dispose of an interest l comments from any the Property to Shawrn i,.resident or property' C. and Chrls'tina� M. `6 wner,of said City to .Hanen is consistent the above action. Writ- with" the'City's intent ten comments regard- for this-specific proper ing the above:public " y;and,.=,�­ hearing may, be sub- z nW%EREAS N0Ityz�de 1, miffed to the City _'siresP to hold.thda loe'. Clerk's Office, City ' 'quired'public r hearing Hall,50 W.13th Street, 1 and conveyance lof"the on or before said,time Property;,to Shawn.C. I of public hearing: i '°and IChristina. ' M. Copies of supporting i Hanen. documents for the pub- , NOW;THEREFORE,BE lic hearings are on file AT RESOLVEDBY THE in the:City Clerk's Of- .CITY COUNCIL OF THE j fice, ° and may be CITY OF DUBUQUE, 10 viewed during normal, WA: working hours. Section 1. That'the Any visual or hearing ,"City of Dubuque, Iowa impaired persons intends to dispose of j needing-special assis- ,,I" its interest in the fol- tance or persons with lowing'legally descri- special accessibility,1 bed property: needs should contact j The East Half of the 1 the City Clerk's Office 11 North 1/4 of Lot 16"P" at (563) 589-4100 or and the East Half of the TTY '(563) 690-6678 at I'` South Half of Lot 18,in least 48 hours:prior to L.H. Langworthy's Ad- the meeting. , dition, in the City Of7 Dated this 8th day of j Dubuque, Iowa, ac- July,2016: cording to the record Kevin S.Firnstahl, i ed plat thereof. CMC,City Clerk Section 2. That the It 7/8City of Dubuque,,;Iowa, i RESOLUTION proposes to dispose of; NO.267-16 its interest in the'Prop-- iNTENT TO DISP_OSE� erty to Shawn C. and, OF AN INTEREST IN Christina M.Hanen for CITY OF DUBUQUE the sum of one dollar' REAL ESTATE, SET-!i ($1.00): TING A,TIME AND Section 13. That the PLACE FOR HEARING City City Clerk is hereby au- AND PROVIDING FOR: , thorized and directed THE PUBLICATION OF to cause this sResolu-, NOTICE THEREOF i tion and a notice to be WHEREAS,the City of published as ,prescri,- Dubuque,Iowa(City)is 1 bed by Iowa Code Sec- the; owner of 2283'' tion 364,7 of a public White Street.(the Prop-l hearing on the City's erty) legally described intent to disposd of the as: Property to be held on The East Half of the the 18th day of July, North '/4 of Lot 16"P": 2016, at 6:30 o'clock and the East Half of the 1 p.m.:at the Historic South Half of Lot 18,in Federal Building, 350, L.H: Langworthy's Ad-`i West 6th Street,Dubu- dition, in the City of que,Iowa. Dubuque, Iowa, ac Passed,approved and cording to the record adopted this 5th day of ed plat thereof. July,2016. WHEREAS, City ac- Roy D.Buol,Mayor quired the Property as ATTEST:Kevin S. vacant/abandoned Firnstahl,City Clerk property¢m_WL Oh,;the 1t 7/8 • u 0111 11111 I III I II III III II Doc ID: 00849479001 Type" GEN Kind: CONTRACT Recorded: 08/16/2016 t 03:29:41 PM Fee Amt: $82.00 Page of 13 Dubuque County Iowa John Murphy Recorder File2016-00010684 s-rArF ��- REAL ESTATE CONTRACT INSTALLMENTS THE IOWA STATE BAR ASSOCIATION Official Form No. 142 c>i�T Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589-4381 Taxpayer Information: (Name and complete address) Shawn C. & Christina M. Hanen 2286 Central Avenue Dubuque, IA 52001 Return Document To: (Name and complete address) Shawn C. & Christina M. Hanen 2286 Central Avenue Dubuque, IA 52001 Grantors: Grantees: City of Dubuque, Shawn C. & Christina M. Hanen, husband a municipal corporation and wife as joint tenants with full right of survivorship and not as tenants in common Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2013 IOWADOCS® THE IOWA STATE BAR ASSOCIATION Official Form No. 142 Crenna Brumwell FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER 5T^T:� tel C� Y REAL ESTATE CONTRACT - INSTALLMENTS ssCect A18. IT IS AGREED this 36 day of 5, v , 2016 , by and between City of Dubuque of the County Dubuque State of Iowa, Sellers; and Shawn C. & Christina M. Hanen, husband and wife as joint tenants with full right of survivorship and not as tenants in common of the County Dubuque State of Iowa, Buyers; Buyers, and the Buyers in to purchase the following of Iowa, to -wit: Half of Lot 18, in L.H. Plat of said Addition thereto, but with such certain personal property if hereto and marked said property the total of IA 52001 , That the Sellers, as in this consideration of the premises, described real estate situated The East Half of the North t/ Langworthy's Addition in the (locally known as 2283 White together with any easements reservations and exceptions and as may be herein described Exhibit A" all upon the terms 1. TOTAL PURCHASE PRICE. $1.00 due contract provided, agree to sell to the hereby agree with the Sellers in the County Dubuque State of Lot 16"P" and the East Half of the South City of Dubuque, Iowa, according to the recorded Street) and servient estates appurtenant of title as may be below stated, and or if and as an itemized list is attached and conditions following: The Buyers agree to pay for and payable at 50 W. 13th Street, Dubuque, Dubuque County, Iowa, as follows: of $0 RECEIPT OF WHICH IS HEREBY as follows: (a) DOWN PAYMENT ACKNOWLEDGED: (b) BALANCE OF PURCHASE at closing 2. POSSESSION. Buyers, entitled to possession of thereafter so long as they subject to the rights of lessees possession. so indicate by and PRICE. $ 1.00 concurrently with due performance on their part shall be said premises on the 15 day of August , 2016 ; and shall perform the obligation of this contract. and are entitled to rentals therefrom 'yes' in the space following: No If Buyers are taking on and after date of © The Iowa State Bar Association 2015 142 REAL ESTATE CONTRACT INSTALLMENTS IOWADOCSB Revised January 2015 3. TAXES. Sellers shall pay: None. and any unpaid taxes thereon payable in prior years. Buyers shall pay any taxes not assumed by Sellers and all subsequent taxes before same become delinquent. Whoever may be responsible for the payment of said taxes, and the special assessments, if any, each year, shall furnish to the other parties evidence of payment of such items not later than July 15 of each year. Any proration of taxes shall be based upon the taxes for the year currently payable unless, the parties state otherwise. (Decide, for yourself, if that formula is fair if Buyers are purchasing a lot with newly built improvements). 4. SPECIAL ASSESSMENTS. Sellers shall pay the special assessments against this property: (a) Which, if not paid, in the y ar , would bccomc dclinqucnt and all assessments payable prior thereto. (b) Which are a lien thereon as of closing . (Date) (c) Including all sewage disposal assessments for overage charge heretofore assessed by any municipality having jurisdiction as of date of possession. Buyers, except as above stated, shall pay all subsequent special assessments and charges, before they become delinquent. 5. MORTGAGE. Any mortgage or encumbrance of a similar nature against the said property shall be timely paid by Sellers so as not to prejudice the Buyers' equity herein. Should Sellers fail to pay, Buyers may pay any such sums in default and shall receive credit on this contract for such sums so paid. MORTGAGE BY SELLERS. Sellers, their successors in interest or assigns may, and hereby reserve the right to at any time mortgage their right, title or interest in such premises or to renew or extend any existing mortgage for any amount not exceeding NSA % of the then unpaid balance of the purchase price herein provided. The interest rate and amortization thereof shall be no more onerous than the installment requirements of this contract. Buyers hereby expressly consent to such a mortgage and agree to execute and deliver all necessary papers to aid Sellers in securing such a mortgage which shall be prior and paramount to any of Buyers' then rights in said property. DEED FOR BUYERS SUBJECT TO MORTGAGE. If Buyers have reduced the balance of this contract to the amount of any existing mortgage balance on said premises, they may at their option, assume and agree to pay said mortgage according to its terms, and subject to such mortgage shall receive a deed to said premises or Sellers, at their option, any time before Buyers have made such a mortgage commitment, may reduce or pay off such mortgage. ALLOCATED PAYMENTS. Buyers, in the event of acquiring this property from an equity holder instead of a holder of the fee title, or in the event of a mortgage against said premises, reserve the right, if reasonably necessary for their protection to divide or allocate the payments to the interested parties as their interests may appear. SELLERS AS TRUSTEES. Sellers agree that they will collect no money hereunder in excess of the amount of the unpaid balance under the terms of this contract less the total amount of the encumbrance on the interest of Sellers or their assigns in said real estate and if Sellers shall hereafter collect or receive any moneys hereunder beyond such amount, they shall be considered and held as collecting and receiving said money as the agent and trustee of the Buyers for the use and benefit of the Buyers. 6. INSURANCE. Except as may be otherwise included in the last sentence of paragraph 1 (b) above, Buyers on and from said date of possession, shall constantly keep in force insurance, premiums therefore to be prepaid by Buyers (without notice or demand) against loss by fire, tornado and other hazards, casualties and contingencies as Sellers may reasonably require on all buildings and improvements, now on or hereafter placed on said premises and any personal property which may be the subject of this contract, in companies to be reasonably approved by Sellers in an amount not less than the full insurable value of such improvements and personal property or not less than the unpaid purchase price herein whichever amount is smaller with such insurance payable to Sellers and Buyers as their interests may appear. Sellers' interest shall be protected in accordance with a standard or union -type loss payable clause. BUYERS SHALL PROMPTLY DEPOSIT SUCH POLICY WITH PROPER RIDERS WITH SELLERS for the further security for the payment of the sums herein mentioned. In the event of any such casualty loss, the insurance proceeds may be used under the supervision of the Sellers to replace or repair the loss If the proceeds be adequate; if not, then some other reasonable application of such funds shall be made; but in any event such proceeds shall stand as security for the payment of the obligations herein. 7. CARE OF PROPERTY. Buyers shall take good care of this property; shall keep the buildings and other improvements now or hereafter placed on the said premises in good and reasonable repair and shall not injure, destroy or remove the same during the life of this contract. Buyers shall not make any material alteration in said premises without the written consent of the Sellers. Buyers shall not use or permit said premises to be used for any illegal purpose. 8. LIENS. No mechanics' lien shall be imposed upon or foreclosed against the real estate described herein. 9. ADVANCEMENT BY SELLERS. If Buyers fail to pay such taxes, special assessments and insurance and effect necessary repairs, as above agreed, Sellers may, but need not, pay such taxes, special assessments, insurance and make necessary repairs, and all sums so advanced shall be due and payable on demand or such sums so advanced may, at the election of Sellers, be added to the principal amount due hereunder and so secured. (For Buyers' rights to make advancements, see paragraph 5 above.) 10. JOINT TENANCY IN PROCEEDS AND SECURITY RIGHTS IN REAL ESTATE. If and only if, the Sellers immediately preceding this sale, hold the title to the above described property in joint tenancy, and such joint tenancy has not later been destroyed by operation of law or by acts of the Sellers, this sale shall not constitute such destruction and the proceeds of this contract, and any continuing and/or recaptured rights of Sellers in said real estate, shall be and continue in Sellers as joint tenants with rights of survivorship and not as tenants in common; and Buyers, in the event of the death of one of such joint tenants, agree to pay any balance of the proceeds of this contract to the surviving Seller (or Sellers) and to accept deed solely from him or them consistent with paragraph 14 below unless and except this paragraph is stricken from the agreement. 11. SELLERS. Spouse, if not titleholder immediately preceding this sale, shall be presumed to have executed this Instrument only for the purpose of relinquishing all rights of dower, homestead and distributive share and/or in compliance with section 561.13 Code of Iowa; and the use of the word "Sellers" in the printed portion of this contract, without more, shall not rebut such presumption, nor in any way enlarge or extend the previous interest of such Spouse in said property, or in the sale proceeds, nor bind such spouse except as aforesaid, to the terms and provisions of this contract. 12. TIME IS OF THE ESSENCE. Time is of the essence in this Agreement. Failure to promptly assert rights of Sellers herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. 13. EXCEPTIONS TO WARRANTIES OF TITLE. The warranties of title in any Deed made pursuant to this contract (See paragraph 14) shall be without reservation or qualification EXCEPT: (a) Zoning ordinances; (b) Such restrictive covenants as may be shown of record; (c) Easements of record, if any; (d) As limited by paragraphs 1, 2, 3 and 4 of this contract; (e) Sellers shall give Special Warranty as to the period after equitable title passes to Buyers; (f) Spouse if not titleholder, need not join in any warranties of the deed unless otherwise stipulated: (g) (Mineral reservations of record?) (h) (Liens?) (Easements not recorded?) (Interests of other parties?) (Lessees?) 14. DEED AND ABSTRACT, BILL OF SALE. If all said sums of money and interest are paid to Sellers during the life of this contract, and all other agreements for performance by Buyers have been complied with, Sellers will execute and deliver to Buyers a Special Warranty Deed conveying said premises in fee simple pursuant to and in conformity with this contract and Sellers will at this time deliver to Buyers an abstract showing merchantable title, in conformity with this contract. Such abstract shall begin with the government patent (unless pursuant to the Iowa State Bar Association title standards there is a lesser requirement as to period of abstracting) to said premises and shall show title thereto in Sellers as of the date of this contract; or as of such earlier date if and as designated in the next sentence. This contract supersedes the previous written offer of Buyers to buy the above described property which was accepted by Sellers on the day of N/A , . Sellers shall also pay the cost of any abstracting due to any act or change in the personal affairs of Sellers resulting in a change of title by operation of law or otherwise. If any personal property is a part of this agreement, then upon due performance by Buyers, Sellers shall execute and deliver a Bill of Sale consistent with the terms of this contract. Sellers shall pay all taxes on any such personal property payable in N/A , and all taxes thereon payable prior thereto. 15. APPROVAL OF ABSTRACT. Buyers have examined the abstract of title to this property and such abstract is accepted. 16. FORFEITURE. If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fail to pay the taxes or special assessments or charges, or any part thereof, levied upon said property, or assessed against it, by any taxing body before any of such items become delinquent; or (c) fail to keep the property insured; or (d) fail to keep it in reasonable repair as herein required; or (e) fail to perform any of the agreements as herein made or required; then Sellers, in addition to any and all other legal and equitable remedies which they may have, at their option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of Iowa). Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and/or improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/ or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if the Buyers. or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of a lease, and may accordingly be ousted and removed as such as provided by law. 17. FORECLOSURE AND REDEMPTION. If Buyers fail to timely perform this contract, Sellers, at their option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest at all parties concerned, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure end upon the contract obligation. It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriffs sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the Sellers, in such action file an election to waive any deficiency judgment against Buyers which may arise out of the foreclosure proceedings: all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months. It is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixty (60) days if all of the three following contingencies develop: (1) The real estate is less than ten (10) acres in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption period is so reduced, Buyers or their successor in interest or the owner shall have the exclusive right to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the property is not abandoned. Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code. 18. ATTORNEY'S FEES. In case of any action, or in any proceedings in any Court to collect any sums payable or secured herein, or to protect the lien or title herein of Sellers, or in any other case permitted by law in which attorney's fees may be collected from Buyers, or imposed upon them, or upon the above described property, Buyers agree to pay reasonable attorneys' fees. 19. INTEREST ON DELINQUENT AMOUNTS. Either party will pay interest at the highest legal contract rate applicable to a natural person to the other on all amounts herein as and after they became delinquent, and/or on cash reasonably advanced by either party pursuant to the terms of this contract, as protective disbursements. 20. ASSIGNMENT. In case of the assignment of this contract by either of the parties, prompt notice shall be given to the other parties, who shall at the time of such notice be furnished with a duplicate of such assignment by such assignors. Any such assignment shall not terminate the liability of the assignor to perform, unless a specific release in writing is given and signed by the other party to this contract. 21. PERSONAL PROPERTY. If this contract includes the sale of any personal property, then in the event of the forfeiture or foreclosure of this contract, such personal property shall be considered indivisible with the real estate above described; and any such termination of Buyers' rights in said real estate shall concurrently operate as the forfeiture or foreclosure hereof against all such personal property. 22. CONSTRUCTION. Words and phrases herein, including acknowledgments hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. See paragraph 11 above, for construction of the word "Sellers." 23. RELEASE OF RIGHTS. Each of the Seller hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property. 24. LEAD-BASED PAINT NOTICE. If applicable, see attached Disclosure of Information on Lead-Based and/or Lead-Based Paint Hazards. 25. CERTIFICATION. Buyers and Sellers 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 my breach of the foregoing certification. 26. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Delete inappropriate alternatives below. If no deletions are made, the provisions set forth in Paragraph A shall be 'deemed selected. (a). Seller represents and warrants to Buyer that the Property is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the property. (b) The Property is served by a private sewage disposal system, or thcrc is a private sewage disposal system on the, Property. Seller and Buyer agree to the provision selected in the attached Addendum for Inspection of Private Sewage Disposal System. (c) Seller and Buyer agrcc that this transaction IS exempt from the time of transfer inspection requirements by reason that 27. SPECIAL PROVISIONS. See Addendum 1 I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS CONTRACT. Dated: Dated: G -3 O -!o/ Executed in duplicate or triplicate City of Dubuque muni ipal co ;''orations LERS Roy D. B 50 W. 13th Street Dubuque, IA 52001 SELLERS' ADDRESS 2286 Central Avenue Dubuque, IA 52001 BUYERS' ADDRESS STATE OF IOWA , COUNTY OF DUBUQUE This record was acknowledged before i this3bb1 day of Jt,t/In, , 2016:71 by Siltvvv",— C • ,wztr ct,K4 l� �ftS�l rla �-%t1�Pm Sig ature of Notary STATE OF IOWA , COUNTY OF DUBUQUE Ther cord was acknowledged before me this day of by 7( ), RioI ,owP PAMELA J. McCAREION Commission Lumber 772419 My Comm Lxp. 1(11C-COALCYLI Signature of Nota y ublic Addendum for Inspection of Private Sewage Disposal System Buyer and Seller agree on the following initialed alternative to comply with the time of transfer inspection of private sewage disposal systems: _ There is a private sewage disposal system on this Property which serves the Property. Seller has obtained or shall obtain at Seller's expense within days a certified inspector's report which documents the condition of the private sewage disposal system, that it is of sufficient capacity to serve the Property, that the continued use of the system is permitted, and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. Seller shall attach the inspection report to the Groundwater Hazard Statement to be filed at closing. If Seller receives an unsatisfactory report, the basis of which cannot be resolved between Buyer and Seller within days of delivery of a copy to Buyer, then upon written notice from Buyer to, Seller, this agreement shall be null and void and all earnest money paid hereunder shall be returned immediately to Buyer. _ There is a 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. Buyer shall execute 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. Buyer shall attach a copy of the binding acknowledgment to the Groundwater Hazard Statement to be filed at closing. When the inspection is completed, an amended Groundwater Hazard Statement shall be filed with the certified inspection and shall include the document numbers of both the real estate transfer document and the original Groundwater Hazard Statement Seller agrees at closing to deposit the sum of $ Dollars into escrow with ("Escrow Agent") to reimburse Buyer for expenses incurred for the cost of the inspection and any required modifications to the private disposal system. Escrow Agent shall pay to Buyer, up to the amount held in escrow, amounts for required modifications after any such modifications are completed and upon submission to Escrow Agent of a detailed invoice. If no modifications are required, the entire escrow account shall be returned to Seller. Any funds remaining in the escrow account after any required modifications shall be returned to Seller. Seller shall not be responsible for any cost in excess of the escrow deposit. There is a private sewage disposal system on this Property. The building to which the sewage disposal system is connected will be demolished without being occupied. Buyer shall execute a binding acknowledgement with the county board of health to demolish the building within an agreed upon time period. Buyer shall attach a copy of the binding acknowledgement to the Groundwater Hazard Statement to be filed at closing. There is a private sewage disposal system on this Property. The private sewage disposal system has been installed within the past two years pursuant to permit number Addendum 1. 27.1 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 Agreement, it shall become automatically void and neither party shall be bound by the terms and conditions set forth herein. 27.2 Buyer, within ninety (90) days of this Agreement, must complete a survey and replatting of the Real Estate along with Buyer's property legally described as The Westerly half of the North 1/4 of Lot 16"P" and the Westerly half of the Southerly half of Lot 18 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the recorded Plat therof known locally as 2286 Central Avenue which consolidates the two parcels into a single parcel. 27.3 Buyer agrees, within one -hundred twenty (120) days of this Agreement to file a restrictive covenant indicating the single consolidated parcel of Real Estate must remain a single family home, for twenty-one (21) years. 27.4 The terms of Section 27 shall in all respects survive the closing. Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Kris Neyen, 350 W, 6th Street, Dubuque IA 52001 563 589-4239 RESOLUTION NO. 281-16 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 2283 WHITE STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 267-16, dated the 5th day of July, 2016, declared its intent to dispose of City interest in real property located at 2283 White Street, legally described as: The East Half of the North 1/4 of Lot 16"P" and the East Half of the South Half of Lot 18, in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the recorded Plat of said Addition (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on the 18th day of July, 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 Real Estate Contract and subsequent Special Warranty Deed for the sale to Shawn C. and Christina M. Hanen according to the terms and conditions set out in the Real Estate Contract 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 Real Estate Contract by and between the City of Dubuque and Shawn C. and Christina M. Hanen 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 the Real Estate Contract conveying an interest in the Property to Shawn C. and Christina M. Hanen. Section 3. That the City Clerk is hereby authorized and directed to cause said Real Estate Contract to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Section 4. Upon successful completion of the terms and conditions outlined in the Real Estate Contract 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 Shawn C. and Christina M. Hanen. Section 5. 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 18th day of July, 2016. 4-71 Roy D. B, Mayor Attest: Kevi S. Firnstahr, Cit'j Clerk 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. 281-16 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 19th day of July, 2016. Kevint Firnstahl, CM ;-City Clerk 1 i 0 V io I 0 Doc ID 008494800002 Type GWH Kind GROUNDWATER HAZARD Recorded: 08/16/2016 at 03:30:12 PM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder Fi1e2016_00001446 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 Shawn C. & Christina M. Hanen Address 2286 Central Avenue, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 2283 White Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) The East Half of the North 1/4 of Lot 16"P" and the East Half of the South Half of Lot 18, in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the recorded Plat of said Addition 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) -d 41. Lz - li U SLI 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 AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature:rH (Transferor or u Telephone No.: (563) 589-4239 FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)