Restrictive Covenant for Residential Real Estate regarding 351 E 15th StreetCity of Dubuque
City Council Meeting
Consent Items # 9.
Copyrighted
February 21, 2022
ITEM TITLE: Restrictive Covenant for Residential Real Estate regarding 351 E 15th
Street
SUMMARY: City Manager recommending approval of a resolution that places a
restrictive covenant at 351 E 15th Street for 21-year period.
RESOLUTION Attaching Single Family Occupancy Restrictive
Covenant To 351 E. 15th Street, Dubuque, IA
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
351 E 15th Street Restrictive Covenant-MVM Memo City Manager Memo
351 E 15th Street Restrictive Covenant Staff Memo
351 E 15th Street Restrictive Covenant Resolution Resolutions
351 E 15th Street Restrictive Covenant Supporting Documentation
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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 351 E 15tn
Street
DATE: February 14, 2022
Housing & Community Development Director Alexis Steger is recommending City
Council sign a resolution that places a restrictive covenant at 351 E 15t" Street for 21-
year period.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis Steger, Housing & Community Development Director
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TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing and Community Development Director
SUBJECT: Restrictive Covenant for Residential Real Estate regarding 351 E 15tn
Street
DATE: January 31, 2022
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.
Recommendation
The action requested of the City Council is to sign the attached Resolution and
Restrictive Covenant for the above described real estate.
Prepared by: Kris Neyan, Rehabilitation Programs Supervisor
Prepared by Kris Neven, Housing & Community Devel., 350 W. 611 St., Suite 312, Telephone: (563) 690-6072
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 54-22
ATTACHING SINGLE FAMILY OCCUPANCY RESTRICTIVE COVENANT TO 351 E.
15TH STREEET, DUBUQUE, IA
Whereas, the City desires to attach restrictive covenants to 351 E. 15th 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 351 E. 15th Street, legally described as:
"Wm. Reisen Place", and Lot 2 of the South '/z of Lot 147 in East
Dubuque Addition and the Westerly 10 feet of Lot 1 of the South'/2 of
Lot 147 in East Dubuque Addition, 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 21st day of February, 2022.
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Attest:
Adrienne N. Breitfelder City Clerk
Prepared by Kris Neyen, 350 W 6t^ Street, Suite 312 Dubuque, IA 52001 563-690-6094
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:
"Wm. Reisen Place", and Lot 2 of the South ''Y2 of Lot 147 in East Dubuque
Addition and the Westerly 10 feet of Lot 1 of the South 'Y2 of Lot 147 in
East Dubuque Addition, in the City of Dubuque, Iowa, according to the
recorded plat thereof — 351 E. 15th 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:
"Wm. Reisen Place", and Lot 2 of the South ''/z of Lot 147 in East Dubuque
Addition and the Westerly 10 feet of Lot 1 of the South '/2 of Lot 147 in
East Dubuque Addition, 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:
Brad M. anagh, Mayor
ATTEST:
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Adrienne N. Breitfelder, City Clerk
On this_ day of g n r , 2022, before me, a Notary Public in and for said state,
personally appeared Brad M. Cavanagh and Adrienne N. Breitfelder 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 deed.
TRISH L. GLEASON
Commission Number 719986
$; My Commission Fires Notary Public in the State of Iowa
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My Commission expires !a-13•a3