Sale of Property_Lot 1-16 and Lot 2-16 in Linhein Subdivision_Cairns_Hearing Copyright 2014
City of Dubuque Public Hearings # 1.
ITEM TITLE: Sale of Property- Lot 1-16 and Lot 2-16 in Linhein
Subdivision (Behind 830 Mt. Carmel Road)
SUMMARY: Proof of publication on notice of public hearing to consider
approval of the sale of city-owned property legally
described as Lot 1-67 and Lot 2-16 in Linhein Subdivision
to Scott and Sandra Cairns and the City Manager
recommending approval.
RESOLUTION Disposing of an interest in real property by
Deed to R. Scott Cairns and Sandra K. Cairns
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Cairns Offer to Buy-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Location Map Supporting Documentation
Offer to Buy 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: Offer to Buy— R. Scott Cairns and Sandra K. Cairns
DATE: July 25, 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 approve 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 CITY OF Dubuque
AII11-America CiI.ty
UB E1
Masterpiece on the Mississippi 2007.2012.2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Offer to Buy— R. Scott Cairns and Sandra K. Cairns
DATE: July 22, 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 the
assessed value of $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 to R.
Scott Cairns and Sandra K. Cairns.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and the City Council
should adopt the attached resolution disposing of the property by sale to R. Scott Cairns
and Sandra K. Cairns.
Prepared by Nate Kieffer, PLS
Prepared by: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113
RESOLUTION NO. 292-16
DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED TO R. SCOTT
CAIRNS AND SANDRA K. CAIRNS
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following real
property (the Property):
Lot 1-16 and Lot 2-16 in Linhein Subdivision, in the City of Dubuque, Iowa
and
WHEREAS, City and R. Scott Cairns and Sandra K. Cairns have entered into an
Agreement pursuant to which City will convey the Property to R. Scott Cairns and Sandra
K. Cairns; and
WHEREAS, on August 1, 2016, the City Council pursuant to notice published as
required by law held a public hearing on its intent to dispose of the foregoing interest in
the Property and overruled all objections thereto; and
WHEREAS, the City Council finds that it is in the best interest of the City to approve
the disposition of the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Mayor is hereby authorized and directed to execute a Quit Claim
Deed disposing of all of the City's right, title and interest in the Property to R. Scott Cairns
and Sandra K. Cairns.
Section 2. The City Attorney is authorized to take such further action as is
necessary to finalize the sale of the Property.
Passed, approved and adopted this 1st day of A , ? ust, 2016.
Attest:
Kevin S. irnstahl, City
Roy D. BMayor
NAE LOCATION MAP DAGIS
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ELB000E AREA G aGKAPIIC INFER-1—=v„EH
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I 800 LESLIE ANN SUBJECT
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CITY OF DUBUQUE
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—. CAIRNS, R SCOTT&
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BUTLER,ANDREW J T
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BUTLER,ANDREW J 1960 BUTLER, SUSAN H BUTLER,JOHN E
LIVING TRUST TRUST& BUTLER,
ALICE L TRUST
BUTLER,JOHN E
2000 TRUST& BUTLER,
1947 ALICE L TRUST _ v ;n
1849 1871 1951 1955: �ubuque County Assessor, City of Dubuque Assessor
DISCLAIMER:This Information was compiled
(sing the Dubuque Area Geographic Informatlon system
DAGIs),wb IT Ind'dss data c_eatsd by both me city of Map Prepared by:
Dubuque and Dobogoe Colin N. It Is understood mat,while
IT cityofDabagaeandpnicipbo,gagenciesatulzedme City of Dubuque
most—r',tandacoratetfo,,,tio,available,DAGIsand 1 inch = 150 feet Engineering Division
Its suppliers do not warrant the accuracy oi-oo—cV of the
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
co-sq-tial,b—ovs,oi-special damages,a hsth,fai-ssoi-
"bo"seeable,a�Ising yo ost of me astho,Ized o,unauthoi-:d sse of 100 50 0 100 200 Feet Phone:(563)589-4270
IT s data or the InaI` to'ss
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wa—ty whatsoever Fax:(563)589-4205
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To:
Z 4
MEMORANDUM
Kevin Firnstahl
City Clerk
DATE: August 19, 2016
RE: R. Scott & Sandra K. Cairns — City Sale of Lots Behind 850 Mt. Carmel
Kevin:
Attached for your file is the original executed Cairns Offer to Buy. We will retain a copy in
our file.
Thank you for your assistance regarding this matter.
BAL:tls
Attachment
cc: Nate Kieffer, Surveyor
F:\USERS\tsteckle\Lindahl\Cairns R. Scott & Sandra - Property Sale\Firnstahl_OriginalExecutedOferToBuy_081916.doc
1--Arve.iN
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
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.
SECTION 8.
TIME IS OF THE ESSENCE. Time is of the essence in this Contract.
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
Dated:
-2A
By ,.
Michael C. Van Milligen
City Manager
2
Dated:
/a
By
R. Scot Cairns \--a"-
Sandra . Cairns
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 22, 2016, and for which the charge is $30.52.
Subscribed to before
this 2 Z -'Cday of
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 1stday of Au-
gust, 2016,'atF6:30 p.m.
in the Historic Federal
Building, 350 West 6th
St., second floor, Dubu-
que, Iowa, at which
meeting the City Coun
proposes otdispose.;
of an inter'est4in the fol
lowing 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 prop-
erty off Mt. Carmel Rd.)
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. Writ-
ten comments regard-
ing' the above public
hearing may be sub-
mitted 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 pub-
lic hearings are on file
in the City. Clerk's Of-
fice, and may be
viewed during normal
working hours.
Any visual or hearing
impaired persons
needing special assis-
tance or persons with
special accessibility
needs should contact
the City Clerks, 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'
It 7/22,.
RESOLUTION
N0.278-16
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 Subdivi-
sion, in the City of
Dubuque, Iowa
(the Property); and
WHEREAS, City has
entered into: an agree-
ment with R. Scott
Cairns and Sandra K.
Cairns to sell the Prop-
erty .to. R. Scott Cairns
and Sandra, K. Cairns, a
copy of which agree-
ment is attached here-
to; and
WHEREAS, the City
Council has tentatively
determined that it
would be in the best in- '
terests of the City to i
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 DU-
BUQUE, IOWA:
Section 1. The City of
Dubuque intends to
dispose of its interest
in the foregoing -
described real property
by sale to R. Scott
Pd,
lArte
Notary Public in and for Dubuque County, Iowa,
, 20 /G
Notary Public in and for Dubuque County, Iowa.
Cairns and Sandra K.
Cairns.
Section 2. The City
Clerk is hereby author- I
ized and directed to
cause this Resolution
and is notice to be pub-
lished
as prescribed by {i
Iowa Code Section
364.7 of a public hear-
ing on the City's intent
to dispose ofan inter-
est in
nterestin the foregoing -
described real proper-
ty, to be held on the 1st
day of August, 2016, at
6:30 o'clock p.m. at the
Historic Federal Build-
, ing,
uild-ging, 350 W. 6th Street,
Dubuque, Iowa.
Passed, approved and
adopted this 18th day
of July, 2016.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl
City Clerk
1t 7/22
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB, 1, 2017
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Tax statement to:
R. Scott Cairns and Sandra K. Cairns
QUIT CLAIM DEED
SPACE ABOVE THIS LINE
FOR RECORDER
For the consideration of One Dollar and other valuable consideration, the City of
Dubuque, Iowa does hereby Quit Claim to R. Scott Cairns and Sandra K. Cairns,
husband and wife, all its right, title, interest, estate, claim and demand in the following
described real estate in Dubuque County, Iowa:
Lot 1-16 and Lot 2-16 in Linhein Subdivision, in the City of Dubuque, Iowa
Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa
is the grantor
Dated:
, 2016
CITY OF DUBUQUE, IOWA
Roy D. -i' ol, Mayor
Attest:
Trish Gleason, Assistant City Clerk
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this day of ;11 ," , 2016, before me a Notary Public in and for said
County and said State, p- zonally appeared Roy D. Buol and Trish Gleason to me
personally known, who, being by me duly sworn, did say that they are the Mayor and
Assistant City Clerk respectively, of the City of Dubuque, Iowa; that said instrument was
signed on behalf of said City of Dubuque by authority of Resolution No. 292-16 and that
the said Roy D. Buol and Trish Gleason as such officers, acknowledged the execution of
said instrument to be the voluntary act and deed of said municipal corporation, by it and
by them voluntarily executed.
PAMELA J. McC/ARRON
Commission Nu. ber 772419
My Comm. Exp. j'
afivilI 061i4,60
, Notary public