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Amendment to Real Estate Contract - 2283 White Street_Hanen Copyright 2014 City of Dubuque Consent Items # 8. ITEM TITLE: Amendment to Real Estate Contract- 2283 White Street SUMMARY: City Manager recommending approval to amend a real estate contract with Shawn C. and Christina M. Hanen for 2283 White Street to allow the City to perform the survey and re-platting to consolidate the two parcels into a single parcel. RESOLUTION Intent to amend the original contract for 2283 White Street to allow the City to perform the survey and re-platting to consolidate the two parcels into a single parcel SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type 2283 White Street Amendment to Real Estate Contract- City Manager Memo MVM Memo Staff Memo Staff Memo Resolution Resolutions Contract Amendment Supporting Documentation THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to Real Estate Contract for 2283 White DATE: December 26, 2016 On June 30, 2016, the City entered into a Real Estate Contract with Shawn C. and Christina M. Hanen for the purchase of 2283 White Street. The Real Estate Contract required the buyers to complete a survey within 90 days of the agreement, re-platting and consolidating 2283 White Street with their property at 2286 Central Avenue and placing a 21-year restrictive covenant that the real estate must remain a single family home. The Hanens were unaware of the substantial cost to have the survey and re- platting of the two parcels into a single parcel and have sought relief from their burden. Housing and Community Development Department Director Alvin Nash recommends City Council approval to amend the contract to allow the City to perform the survey and re-platting to consolidate the two parcels into a single parcel. I concur with the recommendation and respectfully request Mayor and City Council approval. 6&zn' Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Housing & 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: Amendment to Real Estate Agreement DATE: December 14, 2016 Introduction: The property located at 2283 White was contracted to the Shawn C. and Christina M. Hanen, who are adjoining property owners. The contracted agreement required the Hanen's to combine their parcel and the City's parcel into a single consolidated parcel with a restrictive covenant that the real estate must remain a single family home for twenty-one (21) years. Background: On June 30, 2016, the City and Hanen's entered into a Real Estate Contract which required the Buyer, within ninety (90) days of this Agreement, must complete a survey and replatting of the real estate along with Buyer's property legal described as: The Westerly half of the North % 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 thereof known locally as 2286 Central Avenue, which consolidates the two parcels into a single parcel. City staff, who reviewed the contract agreement with the Hanen's, were unaware of the substantial cost to have the survey and replatting of the two parcels into a single parcel and did not review these cost. The Hanen's later became distraught over their financial responsibility to accomplish their contractual agreement and sought relief of this burden. City staff then conducted a survey of cost and determined that the average cost for a survey and re-platting would be between $800 - $2000 depending on the surveyor being able locate site pins for proper plotting. Discussion: The contract agreement would be amended to allow the City to perform the survey and re-platting to consolidate the two parcels into a single parcel. Action Step: The action requested is to obtain City Council approval to amend the Contract to allow the City to perform the survey and re-platting to consolidate the two parcels into a single parcel. 2 RESOLUTION NO. 2-17 AMENDING THE ORIGINAL CONTRACT AGREEMENT FOR 2283 WHITE STREET TO ALLOW THE CITY TO PERFORM THE SURVEY AND RE -PLATTING TO CONSOLIDATE THE TWO PARCELS INTO A SINGLE PARCEL WHEREAS, the City of Dubuque, Iowa (City) is the owner of 2283 White Street (the Property) legally described as: The East Half of the North '/ 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 thereof. Whereas City and Contract Buyers previously entered into a Real Estate Contract dated the 30th day of June, 2016 (the Real Estate Contract) recorded with Dubuque County on August 18, 2016 at File 2016-00010684); Whereas, the parties have agreed to an amendment to the Real Estate Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 27.2 of the original Real Estate Contract, which read, 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'/ 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 thereof Known locally as 2286 Central Avenue which consolidates the two parcels into a single parcel. Is hereby amended to read: Seller, within ninety (90) days of this Addendum, must complete a survey and lot consolidation/replatting of the Real Estate along with Buyer's property legally described as: The Westerly half of the North'/ 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 thereof Known locally as 2286 Central Avenue which consolidates the two parcels into a single parcel. Section 2. Section 27.3 of the original Real Estate Contract, which read, 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. is hereby amended to read: Buyer agrees, within thirty (30) days of the City's completion of Section 27.5, to file a restrictive covenant indicating the single consolidated parcel of Real Estate must remain a single family home, for twenty-one (21) years. Section 3. Section 27.5 is added and reads as follows: Seller, within sixty (60) days of plat preparation shall obtain plat approval from the City Council to allow a lot with double frontage. Passed, approved and adopted this 3rd day of,anuary, 2017. D Roy D. Bugl, Mayor ATTEST: Trish L. Gleason, Assistant City Clerk 11 V u 11 11 11 11 11 Doc ID: 008591920007 Type: GEN Kind: CONTRACT AMEND OR CORRECTION Recorded: 02/09/2017 at 12:19:43 PM Fee Amt: $37.00 Page 1 of 7 Dubuque County Iowa John Murphy Recorder File2017_00001710 RECORDER'S COVER SHEET Amendment to Real Estate Contract Between the City of Dubuque and Shawn C. and Christina M. Hanen Preparer Information: Bob Boge, City of Dubuque Housing Department, City Hall, 50 W. 13th St., Dubuque, IA 52001, 563-589-4270 Taxpayer Information: City of Dubuque, Iowa, 50 W. 13th St., Dubuque, IA 52001 Return Document To: Kevin Firnstahl, City of Dubuque City Clerk, 50 W. 13th Street, Dubuque, IA 52001, 563- 589-4100 Legal Description: 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 thereof Known locally as 2286 Central Avenue which consolidates the two parcels into a single parcel. Attachments: Certified City of Dubuque Resolution No. 2-17 Previously recorded documents: 201 6-0001 0684 — Real Estate Contract Installments 2016-00001446 — Real Estate Transfer — Groundwater Hazard Statement 00cD City IL AMENDMENT TO REAL ESTATE CONTRACT BETWEEN THE CITY OF DUBUQUE, IOWA AND SHAWN C. AND CHRISTINA M. HANEN This A endment to Real Estate Contract, dated for reference purposes the day of „ k . '" , 2017, is made and entered into by and between the City of Dubuque, Iowa (ity) and Shawn C. and Christina M. Hanen (Contract Buyers) Whereas City and Contract Buyers previously entered into a Real Estate Contract dated the 30th day of June, 2016 (the Real Estate Contract) recorded with Dubuque County on August 18, 2016 at File 2016-00010684); Whereas, the parties have agreed to an amendment to the Real Estate Contract; and THEREFORE, in consideration of the mutual terms and covenants contained herein, the parties agree as follows: 1. Section 27.2 of the original Real Estate Contract, which read, 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 '/ 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 thereof Known locally as 2286 Central Avenue which consolidates the two parcels into a single parcel. Is hereby amended to read: Seller, within ninety (90) days of this Addendum, must complete a survey and lot consolidation/replatting of the Real Estate along with Buyer's property legally described as: The Westerly half of the North'/ 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 thereof Known locally as 2286 Central Avenue which consolidates the two parcels into a single parcel. 1 2. Section 27.3 of the original Real Estate Contract, which read, 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. is hereby amended to read: Buyer agrees, within thirty (30) days of the City's completion of Section 27.5, to file a restrictive covenant indicating the single consolidated parcel of Real Estate must remain a single family home, for twenty-one (21) years. 3. Section 27.5 is added and reads as follows: Seller, within sixty (60) days of plat preparation shall obtain plat approval from the City Council to allow a lot with double frontage. SELLER CITY OF DUBUQUE, IOWA By: Roy D. , Mayor DATED: 1.3.11 BUYERS SHAWN C. AND CHRISTINA M. HANEN By: V'( Shaw C. Hanen By: Chri `Ina M. Hanen DATED: (-,2 1-17 On this '3 day of , 2017, before me, a Notary Public in and for said state, personally appeared Roy ID. Buol known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. TRISH L. GLEASON l Commission Number 719986 '` My Commission Expires Notary Public in the State of Iowa My Commission expires / • 1 3.17 2 On thisa.-l1 day of ,lanuaxti , 201.x, before me, a Notary Public in and for said state personally appeared Shawn C. and Christina M. Hanen known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledge that they executed the same as their voluntary act and d - d. 0.1114 d• BRENDA HENRY SCHREIBER Commission Number 750811 MyCommission Expires as -aa Notary Public1in the ate of Iowa My Commission expires 1 -aa -aa 3 RESOLUTION NO. 2-17 AMENDING THE ORIGINAL CONTRACT AGREEMENT FOR 2283 WHITE STREET TO ALLOW THE CITY TO PERFORM THE SURVEY AND RE -PLATTING TO CONSOLIDATE THE TWO PARCELS INTO A SINGLE PARCEL WHEREAS, the City of Dubuque, Iowa (City) is the owner of 2283 White Street (the Property) 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 thereof. Whereas City and Contract Buyers previously entered into a Real Estate Contract dated the 30th day of June, 2016 (the Real Estate Contract) recorded with Dubuque County on August 18, 2016 at File 2016-00010684); Whereas, the parties have agreed to an amendment to the Real Estate Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 27.2 of the original Real Estate Contract, which read, 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'/ of Lot 16?" 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 thereof Known locally as 2286 Central Avenue which consolidates the two parcels into a single parcel. Is hereby amended to read: Seller, within ninety (90) days of this Addendum, must complete a survey and lot consolidation/replatting of the Real Estate along with Buyer's property legally described as: The Westerly half of the North 1, 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 thereof Known locally as 2286 Central Avenue which consolidates the two parcels into a single parcel. Section 2. Section 27.3 of the original Real Estate Contract, which read, 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. is hereby amended to read: Buyer agrees, within thirty (30) days of the City's completion of Section 27.5, to file a restrictive covenant indicating the single consolidated parcel of Real Estate must remain a single family home, for twenty-one (21) years. Section 3. Section 27.5 is added and reads as follows: Seller, within sixty (60) days of plat preparation shall obtain plat approval from the City Council to allow a lot with double frontage. Passed, approved and adopted this 3rd day of anuary, 2017. D./Lr,/ Roy D. B Mayor ATTEST: Trish L. Gleason, Assistant City Clerk CERTIFICATE of tfie CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant 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. 2-17 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 4t" day of January, 2017. Trish L. Gleason, Assistant City Clerk