Restrictive Covenant for Residential Real Estate - 1449 Jackson Street Copyrighted
May 7, 2018
City of Dubuque Consent Items # 26.
ITEM TITLE: Restrictive Covenantfor Residential Real Estate - 1449
Jackson Street
SUMMARY: City Manager recommending approval of a resolution
attaching a Restrictive Covenant to 1449 Jackson Street
requiring that the property be owner-occupied for a 21-year
period.
RESOLUTION Attaching Single-Family Residence
Restrictive Covenant to 1449 Jackson Street, Dubuque,
I owa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
1449 Jackson Street 21 Year Restrictive Covenant- City Manager Memo
NNM Memo
Staff Memo Staff Memo
Resolution Resolutions
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Restrictive Covenant for Residential Real Estate regarding 1449 Jackson
Street
DATE: April 30, 2018
Housing and Community Development Department Director Alvin Nash recommends
City Council approval of a Resolution attaching a Restrictive Covenant to 1449 Jackson
Street, requiring that the property be owner-occupied for a 21-year period.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen �� �
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Alvin Nash, Housing and Community Development Department Director
THE CITY OF Dubuque
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TO: Michael Van Milligen, City Manager
FROM: Alvin Nash, Housing and Community Development Department
SUBJECT: Restrictive Covenant for Residential Real Estate regarding 1449
Jackson Street
DATE: April 25, 2018
Introduction
The purpose of this memorandum is to request City Council approval of the attached
Resolution attaching a Restrictive Covenant to the above listed property.
Discussion
The Restrictive Covenant will assist in keeping ownership in the neighborhoods by
providing owner-occupied properties for a 21-year period.
Action Step
The action requested of the City Council is to sign the attached Resolution and
Restrictive Covenant for the above described real estate.
KLN
Attach.
RESOLUTION NO. 128-18
ATTACHING SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT TO 1449
JACKSON STREET, DUBUQUE, IOWA
Whereas, The City desires to attach restrictive covenants to 1449 Jackson Street
prior to disposal of said property; and
Whereas, said property will be disposed of by the City and the City desires said
property to be owner -occupied for a period of twenty-one (21) years after the sale.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque approves the restrictive covenants
for 1449 Jackson, legally described as:
The South One -Half of the Middle One -Fifth of Lot 494 in the City of Dubuque,
Iowa, according to the United States Commissioners Map of the town of
Dubuque, Iowa.
Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the
Restrictive Covenant for the above described real estate.
Section 3. The City is Clerk is hereby authorized and directed to cause said Restrictive
Covenant to be recorded in the Office of the Dubuque County Recorder, together with a
certified copy of this Resolution.
Passed, approved and adopted this 7th day of May018.
Attest:
Kin Firnstahl, ity Clerk
Roy D. BuoF ayor
Prepared by Kris Neyen, 350 W. 6th Street, Suite 312 Dubuque, IA 52001 563-589-4239
RESTRICTIVE COVENANTS FOR RESIDENTIAL REAL ESTATE
KNOW ALL PERSONS BY THERE PRESENT that the City of Dubuque, Iowa
(City), the owner of the following premises situated in the City of Dubuque, Iowa:
The South One -Half of the Middle One -Fifth of Lot 494 in the City of Dubuque,
Iowa, according to the United States Commissioners Map of the town of
Dubuque, Iowa — 1449 Jackson Street
(Real Estate) does hereby establish and place the following restrictive covenants on the
Real Estate:
1. The Real Estate shall be known and described as residential Real Estate, and
shall not be improved, used or occupied for other than one (1) private single-family
residential use. The Real Estate and any part thereof must be owner occupied. Rental
of the Real Estate is not allowed. No portion of the Real Estate can be rented as an
apartment.
2. The City has the right to enforce, by any proceedings in law or in equity, all
restrictions, conditions and covenants now or hereafter imposed by the provisions of
these restrictive covenants.
3. These covenants shall be filed for record in the office of the Dubuque County
Recorder and all covenants, agreements, promises and representations herein stated
shall be deemed to be covenants running with the Real Estate and shall endure and be
binding on the parties hereto, their mortgagees, lienholders, successors and assigns,
for a period of twenty-one (21) years from the date of the recording of these covenants.
The property owner has the right to renew these covenants for successive twenty-one
(21) year periods.
4. Invalidation of any of these covenants by judgment or court order shall in no way
affect any of the other provisions, which shall remain in full force and effect.
5. The waiver of any violation or failure to enforce any such restrictions, easements,
and covenants shall not in any event operate as a waiver, impairment or abrogation of
same, or the right to enforce the same in the event of any future or other breach of the
same of any other restriction, easement, rule or covenant, by the same or any other
person.
6. These restrictions, easements, rules and covenants shall be construed under
and in accordance with the laws of the State of Iowa.
The foregoing provisions encumber the Real Estate described as:
The South One -Half of the Middle One -Fifth of Lot 494 in the City of Dubuque,
Iowa, according to the United States Commissioners Map of the town of
Dubuque, Iowa.
Executed by the respective signatories effective the date first above written.
CITY OF DU UQUE, IOWA
By:
Roy` D
ATTEST:
ol, Mayor
Keg n S. Firnsta1Ki, City Clerk
On this j day of CSL , 2018, before me, a Notary Public in and for said state,
personally appeared oy D. Buol and Kevin S. Firnstahl 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 de
PA''.`ILLA J. McCARRON
Commission Number 772419
My Comm. Exp.
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Notary Public it the State of Iowa
MyCommission expires 4L -,_°5--,,,Z4