Restrictive Covenant for 1100 Roosevelt Street Copyrighted
April 15, 2019
City of Dubuque Consent Items # 8.
ITEM TITLE: Restrictive Covenantfor 1100 RooseveltStreet
SUMMARY: City Manager recommending approval of a resolution
attaching a 21-year Owner-Occupied Restrictive Covenant
to 1100 Roosevelt Street.
RESOLUTION Attaching Single-Family Occupancy
Restrictive Covenant to 1100 Roosevelt Street, Dubuque,
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SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt
Resolution(s)
ATTACHMENTS:
Description Type
1100 Roosevelt Restrictive Co�nant-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution for Restrictive Co�nant Resolutions
Restrictive Covenant Supporting Documentation
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 1100
Roosevelt Street
DATE: April 9, 2019
Housing and Community Development Director Alexis Steger recommends City Council
approval of a Resolution attaching a 21-year Owner-Occupied Restrictive Covenant to
1100 Roosevelt Street.
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
Alexis Steger, Housing and Community Development Director
THE CTTY OF Dubuque
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2013 2017
TO: Michael Van Milligen, City Manager
FROM: Alexis Steger, Housing and Community Development Director
SUBJECT: Restrictive Covenant for Residential Real Estate regarding 1100
Roosevelt Street
DATE: April 4, 2019
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.
Prepared by Alexis Steoer, Housing & Community Devel. 350 W. 6th St., Suite 312, Telephone: 563-690-6072
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: (563) 589-4100
RESOLUTION NO. 131-19
ATTACHING SINGLE FAMILY OCCUPANCY RESTRICTIVE COVENANT TO 1100
ROOSEVELT STREET, DUBUQUE, IOWA
Whereas, the City desires to attach restrictive covenants to 1100 Roosevelt 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 1100 Roosevelt Street, legally described as:
Lot 4 of Wersinger Subdivision in the City of Dubuque, Iowa, according to the
recorded plat thereof.
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 provide a certified copy
of this Resolution to the City Attorney's Office for recording in the Office of the Dubuque
County Recorder.
Passed, approved and adopted this 15th day of April 2019.
Attest:
Kevi S. Firnstahl, ity Clerk
Roy D. Buol, Mayor
Prepared by/return to Crenna Brumwell, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
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:
Lot 4 of Wersinger Subdivision in the City of Dubuque, Iowa, according to
the recorded plat thereof
(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.
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:
Lot 4 of Wersinger Subdivision in the City of Dubuque, Iowa, according to
the recorded plat thereof.
Executed by the respective signatories effective the date first above written.
CITY OF DUBUQUE, IOWA
By:
Roy D. Bugt Mayor
ATTEST:
Kevir2S. Firnstahl, City Clerk
On this 15 day of , 2019, before me, a Notary Public in and for said
state, personally appea ed Roy D. Buol and Kevin S. Firnstahl known to me to be the
person(s) named in and who executed the foregoin i strument, and acknowledged that
they executed the same as their voluntary act and 1e, d.
he State of Iowa
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