Sale of Property_Lot 1-16 and Lot 2-16 in Linhein Subdivision_Cairns_Initiate Copyright 2014
City of Dubuque Items to be set for Public Hearing # 2.
ITEM TITLE: Sale of Property- Lot 1-16 and Lot 2-16 in Linhein
Subdivision (Mt. Carmel Road)
SUMMARY: City Manager recommending the City Council set a public
hearing for August 1, 2016, on the sale of Lot 1-16 and Lot
2-16 in Linhein Subdivision to Scott and Sandra Cairns.
RESOLUTION Intent to dispose of an interest in City-
owned real property by sale to R. Scott Cairns and Sandra
K. Cairns
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for 8/1/16
ATTACHMENTS:
Description Type
Scott and Sandra Cairns Offer to Buy-MVM Memo City Manager Memo
Staff Memo Staff Memo
Location Map Supporting Documentation
Offer to Buy Supporting Documentation
Resolution Resolutions
THE CITY OF Dubuque
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Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Offer to Buy— R. Scott Cairns and Sandra K. Cairns
DATE: July 12, 2016
A request has been received from Scott and Sandra Cairns to purchase City property
located behind their residence at 850 Mount Carmel Road consisting of two lots. The
City acquired the land in 1944 as part of a larger purchase and these two lots are
remnants of the original acquisition. The lots do not serve any public purpose.
City Engineer Gus Psihoyos recommends the City Council set a public hearing for
August 1, 2016, on the sale of Lot 1-16 and Lot 2-16 in Linhein Subdivision to Scott and
Sandra Cairns for $1,330 plus publication, filing and recording fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CI
TY DUB
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Masterpiece on the Mississippi 200^-2012.2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Offer to Buy— R. Scott Cairns and Sandra K. Cairns
DATE: June 9, 2016
INTRODUCTION
This is in response to a request from Scott and Sandra Cairns for the purchase of City
property located behind their residence at 850 Mount Carmel Road. The subject
property consists of two lots (Lot 1-16 and Lot 2-16 in Linhein Subdivision as shown on
the attached map) and is approximately 40,000 sf in size.
DISCUSSION
The City acquired the land in 1944 as part of a larger purchase and these two lots are
remnants of the original acquisition. The lots do not serve any public purpose.
The City has received an offer from the Cairns to purchase the property for $1,330.00
plus publication, filing, and recording fees. A copy of the offer is attached.
RECOMMENDATION
I am recommending that the property described as Lot 1-16 and Lot 2-16 in Linhein
Subdivision as shown on the attached map, in the City of Dubuque, Iowa be sold, and
that a public hearing be set for the disposition of the City's interest in the subject area
on August 1, 2016.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and that a public hearing
should be held on the disposal of the property through adoption of the enclosed
resolution.
Prepared by Nate Kieffer, PLS
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DISCLAIMER:This Information was compiled
(sing the Dubuque Area Geographic Informatlon system
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Dubuque and Dobogoe Colin N. It Is understood mat,while
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Info—tion oit data contained h,sin.The city and pa�ticipating 50 West 13th Street
agency shall not be held liable foi-any dli-ect,Indhect,Incidental, Dubuque,Iowa 52001
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OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: The City of Dubuque, Iowa, Seller:
SECTION 1. REAL ESTATE DESCRIPTION. R. Scott Cairns and Sandra K. Cairns,
LLC (Buyer) offers to buy real estate in Dubuque County, Iowa, described as follows:
Lot 1-16 and Lot 2-16 in Linhein Subdivision, in the City of Dubuque, Iowa
(Parcel # 1131151011)
with any easements and appurtenant servient estates, but subject to the following: a. any
zoning and other ordinances; b. any covenants of record; c. any easements of record for
public utilities, roads and highways designated the Real Estate; provided Buyer, on
possession, is permitted to make the following use of the Real Estate: residential.
SECTION 2. PRICE. The purchase price is $1,330.00 plus publication, filing, and
recording fees as follows payable in cash at closing.
SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes
payable in prior years. Buyer shall pay all real estate taxes for the current fiscal year and
all subsequent real estate taxes.
SECTION 4. POSSESSION; CLOSING. If Buyer timely performs all obligations,
possession of the Real Estate shall be delivered to Buyer on or before September 30,
2016, or such other date as the parties agree in writing.
SECTION 5. ABSTRACT AND TITLE. Seller will not provide an abstract of title to the
Real Estate. Buyer is purchasing the Real Estate "as is" and Seller makes no warranty of
title.
SECTION 6. DEED. Upon payment of the purchase price, Seller shall convey the Real
Estate to Buyer by Quit Claim Deed.
SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence in this Contract.
SECTION 8. REMEDIES OF THE PARTIES
8.1. If Buyer fails to timely perform this Contract, Seller may forfeit it as provided in the
Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty
days written notice of intention to accelerate the payment of the entire balance because
of such failure (during which thirty days such failure is not corrected) Seller may declare
the entire balance immediately due and payable. Thereafter this Contract may be
foreclosed in equity and the Court may appoint a receiver.
8.2. If Seller fails to timely perform this Contract, Buyer has the right to have all
payments made returned.
8.3. Buyer and Seller also are entitled to utilize any and all other remedies or actions at
law or in equity available to them and shall be entitled to obtain judgment for costs and
attorney fees as permitted by law.
SECTION 9. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract
shall apply to and bind the successors in interest of the parties.
SECTION 10. TIME FOR ACCEPTANCE. If this offer is not accepted by Buyer on or
before August 31, 2016, it shall become void and all payments shall be repaid to Seller.
SECTION 11. NOTICE. The following shall be used for purposes of providing written
notice pursuant to this Contract.
City of Dubuque
City Manager
50 West 13th Street
Dubuque IA 52001
R. Scott Cairns and Sandra K. Cairns
850 Mt. Carmel Rd.
Dubuque, IA 52003
SECTION 12. APPROVAL OF CITY COUNCIL. This Contract is subject to final
approval by the City Council.
THIS OFFER IS ACCEPTED
CITY OF DUBUQUE, IOWA R. SCOTT CAIRNS & SANDRA K. CAIRNS
SELLER BUYER C�
Dated: Dated: I
BY BY t�?
Michael C. Van Milligen R. Sco`ft Cairns
City Manager f
Sandra . Cairns
z
RESOLUTION NO. 278-16
INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROPERTY BY
SALE TO R. SCOTT CAIRNS AND SANDRA K. CAIRNS
WHEREAS, the City of Dubuque, Iowa (City) owns the following real property:
Lot 1-16 and Lot 2-16 in Linhein Subdivision, in the City of Dubuque, Iowa
(the Property); and
WHEREAS, City has entered into an agreement with R. Scott Cairns and Sandra K.
Cairns to sell the Property to R. Scott Cairns and Sandra K. Cairns, a copy of which
agreement is attached hereto; and
WHEREAS, the City Council has tentatively determined that it would be in the best
interests of the City to approve the sale of the Property to R. Scott Cairns and Sandra K.
Cairns.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -
described real property by sale to R. Scott Cairns and Sandra K. Cairns.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing
on the City's intent to dispose of an interest in the foregoing -described real property, to be
held on the 1st day of August, 2016, at 6:30 o'clock p.m. at the Historic Federal Building,
350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 18th day of J,ily, 2016.
Roy(D. B I, Mayor
Attest:
Kevin. Firnstahl, City Clerk
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 1St day of August, 2016, at 6:30 p.m. in the Historic Federal
Building, 350 West 6th St., second floor, Dubuque, Iowa, at which meeting the City
Council proposes to dispose of an interest in the following described real property by
sale to Scott and Sandra Cairns:
Lot 1-16 and Lot 2-16 in Linhein Subdivision, in the City of Dubuque, Iowa (adjacent
to property off Mt. Carmel Rd.)
At the meeting, the City Council will receive oral and written comments from any resident
or property owner of said City to the above action. Written comments regarding the above
public hearing may be submitted to the City Clerk's Office, City Hall, 50 W. 13th Street, on
or before said time of public hearing.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office, and may be viewed during normal working hours.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office' at (563) 589-4100 or
TTY 563) 690-6678 at least 48 hours prior to the meeting.
Dated this 22nd day of July, 2016.
Kevin S. Firnstahl, CMC
City Clerk
1t 7/22