Restrictive Covenant for 767 University Avenue Copyright 2014
City of Dubuque Consent Items # 12.
ITEM TITLE: Restrictive Covenant - 767 University Avenue
SUMMARY: City Manager recommending approval of a Resolution attaching a
Restrictive Covenant to 767 University Avenue that requires the property
be owner-occupied for 21 years.
RESOLUTION Attaching Single Family Residence Restrictive Covenant,
to 767 University Avenue, Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ 767 University Restrictive Covenant-MVM Memo City Manager Memo
❑ Memo Staff Memo
❑ Resolution Resolutions
❑ Restrictive Covenant 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: Restrictive Covenant for Residential Real Estate Regarding 767 University
Avenue
DATE: September 16, 2015
Housing and Community Development Department Director Alvin Nash recommends
City Council approval of a Resolution attaching a Restrictive Covenant to 767 University
Avenue that requires the property be owner-occupied for 21 years.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Alvin Nash, Housing and Community Development Department
THE CITY OF Dubuque
T E
D -- L NI-America .r
11111.
I h/
Masterpiece on the Mississippi 2012
TO: Michael Van Milligen, City Manager
FROM: Alvin Nash, Housing and Community Development Department
SUBJECT: Restrictive Covenant for Residential Real Estate regarding 767
University Avenue
DATE: September 16, 2015
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. 317-15
ATTACHING SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT, TO 767
UNIVERSITY AVENUE, DUBUQUE, IOWA
Whereas, The City desires to attach restrictive covenants to 767 University 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 767 University Avenue, legally described as:
Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City
of Dubuque, Iowa, and a right of way over Lot 3 of Lot 3, and over the
East 20 feet of Lot 8, of the Subdivision of Out Lot 738, in the City of
Dubuque, Iowa according to the recorded plat thereof
Tract II: Lot 3 of Lot 3 of the Subdivision of Out Lot 738 in the City of
Dubuque, Iowa, according to the recorded plat thereof 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 City Attorney's Office for recording in the Office of the
Dubuque County Recorder.
Passed, approved and adopted this 21st day of September, 2015.
L
Attest:
Kevf'n S.Firnstahl, di ( Clerk
:
V. Sutton, Mayor Pro Tern
Prepared by 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:
Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City
of Dubuque, Iowa, and a right of way over Lot 3 of Lot 3, and over the
East 20 feet of Lot 8, of the Subdivision of Out Lot 738, in the City of
Dubuque, Iowa according to the recorded plat thereof
Tract II: Lot 3 of Lot 3 of the Subdivision of Out Lot 738 in the City of
Dubuque, Iowa, according to the recorded plat thereof the City of
Dubuque, Iowa — 767 University Avenue
(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:
Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City
of Dubuque, Iowa, and a right of way over Lot 3 of Lot 3, and over the
East 20 feet of Lot 8, of the Subdivision of Out Lot 738, in the City of
Dubuque, Iowa according to the recorded plat thereof
Tract II: Lot 3 of Lot 3 of the Subdivision of Out Lot 738 in the City of
Dubuque, Iowa, according to the recorded plat thereof the City of
Dubuque, Iowa — 767 University Avenue
Executed by the respective signatories effective the date first above written.
CITY MJF DUBUQUE, IOWA
By
'1/21/1/1_
Lynn . Suttn, Mayor'Pro-Thm
ATTEST:
fI/--'
Key n S. Firnstahl, y Clerk
On thi
sday of kaf , 201, before me, a Notary Public in and for said state,
personally appeared Roy 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 deed.
PAMELA J. E,
Commission Nu
My Comm. Exp.
cCARRON
ber 772419
Notary Public in (tlie State of Iowa
My Commission expires `AS: 20 rS
111111111111311111111411111111Doc ID: 008319710004 Type: GEN
Kind RESTRICTIVE COVENANTS
Recorded: 09/23/2015 at 03:54:54 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
Fi1e2015®00012351
Return t o / Prepared by Crenna Brumwell, 300 Main Street, Suite 330 Dubuque, IA 52001563-589-4381
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:
Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City
of Dubuque, Iowa, and a right of way over Lot 3 of Lot 3, and over the
East 20 feet of Lot 8, of the Subdivision of Out Lot 738, in the City of
Dubuque, Iowa according to the recorded plat thereof
Tract II: Lot 3 of Lot 3 of the Subdivision of Out Lot 738 in the City of
Dubuque, Iowa, according to the recorded plat thereof the City of
Dubuque, Iowa — 767 University Avenue
(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:
Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City
of Dubuque, Iowa, and a right of way over Lot 3 of Lot 3, and over the
East 20 feet of Lot 8, of the Subdivision of Out Lot 738, in the City of
Dubuque, Iowa according to the recorded plat thereof
Tract II: Lot 3 of Lot 3 of the Subdivision of Out Lot 738 in the City of
Dubuque, Iowa, according to the recorded plat thereof the City of
Dubuque, Iowa — 767 University Avenue
Executed by the respective signatories effective the date first above written.
CITYQF DUBUQUE, IOWA
B
Lyriin . Sutton, Mayor`Pro- em
ATTEST:
:09
Kevin S. Firnstahl, Ei y Clerk
On thiday of , 201_, before me, a Notary Public in and for said state,
personally appeared Roy 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 deed.
PAMELA J.McCARRON
Commission Nu, ber 772419
My Comm. Exp. 1-. —2.0
e State of Iowa
My Commission expires LAC -20 r
RESOLUTION NO. 317-15
ATTACHING SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT, TO 767
UNIVERSITY AVENUE, DUBUQUE, IOWA
Whereas, The City desires to attach restrictive covenants to 767 University 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 767 University Avenue, legally described as:
Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City
of Dubuque, Iowa, and a right of way over Lot 3 of Lot 3, and over the
East 20 feet of Lot 8, of the Subdivision of Out Lot 738, in the City of
Dubuque, Iowa according to the recorded plat thereof
Tract II: Lot 3 of Lot 3 of the Subdivision of Out Lot 738 in the City of
Dubuque, Iowa, according to the recorded plat thereof 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 City Attorney's Office for recording in the Office of the
Dubuque County Recorder.
Passed, approved and adopted this 21st day of September, 2015.
Attest:
Kevin S. Firnstahl, ify Clerk
LyrV. Sutton, Mayor Pro Tem
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. 317-15 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 23rd day of September, 2015.
Kevin S. Firnstahl, CM , City Clerk