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
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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