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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 li ELB000E AREA G aGKAPIIC INFER-1—=v„EH Masterpiece on the Mississippi 757 7e70 777 �; '•� E, 790 795 � � �,' �”4—•. KANE, KEVIN E& I 800 LESLIE ANN SUBJECT PROPERTY 785 � � •'. ,, :,� ,, �- �_��:., .; P CITY OF DUBUQUE 840 `.. 887 850 —. CAIRNS, R SCOTT& VO3 2SANDRA K mW BUTLER,ANDREW J T 8 I I I I P 897 896 DECLARATION OF TRUST h 898 ... 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 IT s data or out of any bi_ech of 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