Owner-Occupancy Restrictive Covenant - 595 Angella StreetCopyright 2014
City of Dubuque Consent Items # 12.
ITEM TITLE: Owner -Occupancy Restrictive Covenant - 595 Angella Street
SUMMARY: City Manager recommending approval to attach a 21 -year, owner -
occupancy restrictive covenant to property located at 595 Angella Street
prior to the City's disposition of the property.
RESOLUTION Attaching Owner Occupancy Restrictive Covenant to 595
Angella Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS :
Description Type
❑ 595 Angella Street Restrictive Covenant -MVM Memo City Manager Memo
❑ 595 Angella St Memo to Attach Covenants Staff Memo Staff Memo
❑ 595 Angella St Owner Occupancy Restrictive Covenant Supporting Documentation
❑ 595 Angella St Resolution Restrictive Covenant Resolution Resolutions
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 595 Angella Street -Restrictive Covenants
DATE: May 26, 2015
Dubuque
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AI -America City
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2007 • 2012 • 2013
Prior to the City's disposition of property at 595 Angella Street, Building Services
Manager Rich Russell recommends City Council approval to attach a 21 -year owner -
occupied restrictive covenant.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
7.-
Mic ael C. Van Milligen
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MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Rich Russell, Building Services Manager
THE CITY OF
Dui
Masterpiece on the Mississippi
May 26, 2015
Dubuque
kat:II
All -America City
1111
2007 • 2012 •2013
Building Services Department
50 W. 13th Street
Dubuque, IA 52001
Office (563) 589-4150
Fax (563) 690-6687
TTY (563) 690-6678
Building @cityo fdubuque . org
vvvvw.cityofdubuque.org/87/Building-Services
TO: Michael C. Van Miliigen, City Manager
FROM: Rich Russell, Building Services Manager
SUBJECT: 595 Angella Street Restrictive Covenants
INTRODUCTION: This memo transmits a request to attach a restrictive covenant to
595 Angella Street.
DISCUSSION: The City advertised for bids for this property to be received on May 22,
2015. One bid of $6150 was received.
Prior to disposing of the property, we need to attach the owner -occupied restrictive
covenant. This covenant will expire after twenty one years.
I have attached the covenants and resolution to apply them to 595 Angella Street to this
memo.
RECOMMENDATION: I recommend adoption of the resolution to attach the owner -
occupied covenant to 595 Angella Street prior to the disposal of the property.
Service People Integrity Responsibility Innovation Teamwork
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Doc ID: 008251630004 Type GEN
Kind: RESTRICTIVE COVENANTS
Recorded: 06/03/2015 at 03:02:54 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
File2015-00006874
Prepared by Crenna Brumwell, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
Return to Kevin Firnstahl, 50 W. 13th Street, Dubuque, IA 52001, 563-589-4121
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 21 of Quigley's Subdivision of Out Lot 709, in the City of
Dubuque, Iowa.
(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 City 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:
Lot 21 of Quigley's Subdivision of Out Lot 709, in the City of
Dubuque, Iowa.
Executed by the respective signatories effective the date first above written.
CITY OF DUs UQUE, IOWA
By:
Roy D. B ; I, Mayor
ATTEST:
A 0110#L7" p
Ke-irnstahl, Cit t'erk
On this day of
personally appear
person(s) named i
, 201 /!before me, a Notary Public in and for said state,
Roy D. Buol and Kevin S. Firnstahl known to me to be the
nd who executed the foregoing instrument, and acknowledged that
they executed the same as their voluntary act and de
PAMELA J. McCARROW
Commission Number 772419
My Comm. Exp, _.
2
Notary Public i
/720
e State of Iowa
My Commission expires
RESOLUTION NO. 186-15
ATTACHING OWNER OCCUPANCY RESTRICTIVE COVENANT TO 595 ANGELLA
STREET
Whereas, The City desires to attach restrictive covenants to 595 Angella Street
prior to disposal of said property,
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 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 595 Angella, legally described as:
Lot 21 of Quigley's Subdivision of Out Lot 709, in the City 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 provide a certified
copy of this Resolution to the Building Services Department for recording in the Office of
the Dubuque County Recorder.
Passed, approved and adopted this 1st day of June, 2015.
Attest:
1
KevinlS. Firnstah City
Roy D. Buol, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 186-15 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at ,Dubuque, Iowa, on this 2nd day of June, 2015.
Kev . Firnstahl, C , City Clerk