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Creek Wood Park - Timber-Hyrst Estates Covenant Variance Copyrighted July 16, 2018 City of Dubuque Consent Items # 8. ITEM TITLE: CreekWood Park-Timber-HyrstEstates Covenant Variance SUMMARY: City Manager transmitting a covenant variance for the second lot received from North Cascade Developers, LLC for Creek Wood Park in Timber-Hyrst Estates. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type Tmber-Hyrst Estates Co�nant Variance-NNM Memo City Manager Memo NNM Creek Wood Park- Tmber-Hyrst Estates Staff Memo Covenant Variance Variance on Eastern Park Lot Supporting Documentation Variance on Western Park Lot Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Creek Wood Park — Timber-Hyrst Estates Covenant Variance DATE: July 9, 2018 North Cascade Developers, LLC donated a lot in August of 2011 for a park to be developed in Timber-Hyrst Estates. In that same year they granted a covenant variance for this lot which was later named Creek Wood Park. A second lot was donated by North Cascade Developers, LLC in September of 2107 for the purposes of expanding and developing the park. Leisure Services Manager Marie Ware is transmitting a covenant variance for the second lot received from North Cascade Developers, LLC. ��� �� ���� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Marie L. Ware, Leisure Services Manager THE CTTY OF Dubuque �" ui���eNe�ary DUB E 'il��i;' Masterpiece on the Mississippi Z°°' Z°'Z 2013 2017 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Creek Wood Park - Timber-Hyrst Estates Covenant Variance DATE: June 27, 2018 INTRODUCTION The purpose of the memorandum is to share the covenant variance in Timber-Hyrst Estates for the eastern lot of Creek Wood Park. BACKGROUND North Cascade Developers, LLC donated a lot in August of 2011 for a park to be developed. In that same year they granted a covenant variance for this lot which was later named Creek Wood Park. That variance is attached to this memo and it has been recorded. A second lot was donated by North Cascade Developers, LLC in September of 2107 for the purposes of expanding and developing the park. DISCUSSION After discussion with the City Attorney's office it was determined that we should request a variance from North Cascade Developers, LLC for a covenant variance for the second lot. A request was made to Marty McNamer of North Cascade Developers, LLC. They agreed to the request and have provided a variance for this lot which is also attached. ACTION REQUESTED This memo is for informational purposes only. cc: Steve Fehsal, Park Division Manager Crenna Brumwell, City Attorney Prepared By and Return To: D. Flint Drake, 300 Main St., Suite 323, Dubuque, IA 52001 (563)582-2000 VARIAN R A IN D ARATORY STATFM NT I OSIN R �TRI TTVF COVENANTS RECITALS A. North Cascade Road Developers, LLC (the"Developer")filed a Declaratory Statement Imposing Restrictive Covenants on May 17, 2006 as Instrument#2006-00007185 in the records of the Dubuque County Recarder(the"Covenants")with respect to the following described real estate: Lots 1 through 28 of Timber-Hyrst Estates in the City of Dubuque, Iowa(the"Real Estate"); B. Paragraph one of the Covenants requires that all lots within the Real Estate be used solely and exclusively for private single family residences and private garages. That paragraph also provides that the Developer may"...grant a variance to allow any use permitted within the R-2 zoning designation within the zoning ordinance of the City of Dubuque, Iowa..." (a"Variance"); C. Developer has conveyed Lot 2 of Timber-Hyrst Place#2 in the City of Dubuque, Iowa (formally a portion of Lot 13 of Timber-Hyrst Estates in the City of Dubuque, Iowa) and Lot 12 of Timber-Hyrst Estates in the City of Dubuque, Iowa to the City of Dubuque, Iowa for development by the City of a public park/recreation area; D. The current zoning ordinances of the City of Dubuque, Iowa allow development of "public or private pai•k..."within an R-2 Single Family Residential District(see Ordinance 5-3.1, Principal Permitted Uses in R-2 Two Family Residential); E. The Developer desires to grant a Variance with respect to Lot 2 of Timber-Hyrst Place#2 and Lot 12 of Timber-Hyrst Estates in the City of Dubuque, Iowa for development of a public park upon such lot and desires to set forth such Variance in writing. THEREFORE, the Developei•states as follows: 1. Grant of Variance. The Developer hereby grants a Variance to the restrictions imposed by the Covenants with respect to Lot 2 of Timber-Hyrst Place#2 and Lot 12 of Timber- Hyrst Estates in the City of Dubuque, Iowa and expressly states that a public park may be developed upon such lot by the City of Dubuque, Iowa. 2. Effect on Covenants. Except as modified by the Variance granted herein,the Covenants shall continue to govern the rights and obligations of owners of the lots affected thereby. NORTH CASCADE ROAD DEVELOPERS, LLC By: artin J. McNamer, Managing Member STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: � On this��day of ��/ , 2018, before me, a Notary Public in and for the State of Iowa, personally appeared Martin J. McNamer, to me personally known, who being by me duly sworn did say that he is the Managing Member of said limited liability company,that(the seal affixed hereto is the seal of said)(no seal has been pi-ocured by the said) limited liability company and that said instrument was signed (and sealed) on behalf of said limited liability company by authority of its managers and the said Martin J. McNamer acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it voluntarily executed. � ��� DONNA MARIE BUSCH Notary Public in and for the State of Iowa lowa Notarial Seal Commission No. 160578 My Commission Expires 5/16/2021 I IIIIIII i�llll III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIN IIIII IIIII IIII IIII Doc ID: 007191940002 Type: GEN Kind: AMEND TO RESTRICT CGVENANTS Recor�ded: 11/01/2011 at 04:03:28 PM Fee Amt: $12.00 Pape 1 of 2 Dubuque Countv Iowa Kathy Flynn Thurlow Recorder File?o i i-00016335 Prepared By and Return To: D.Flint Drake, 1005 Main Street,Suite 200,Dubuque,IA 52001 (563)582-2000 V RiAN('F F RDiNG DF RATORY�TA FMFNT IMPO IN RF.4TIZiCTNF. COVENANTS RECITALS A. North Cascade Road Developers,LLC(the"Developer")filed a Declaratory Statement Imposing Restrictive Covenants on May 14,2008 as Instrument#2008-00006730 in the records of the Dubuque County Recorder(the"Covenants")with respect to the following described real estate: Lots 1,2,4 and 6-49 of Timber-Hyrst Estates No.2 in the City of Dubuque,Iowa(the"Real Esta.te"); B. Paragraph one of the Covenants requires that all lots within the Real Estate be used solely and exclusively for private single family residences and private garages. That paragraph also provides that the Developer may"...grant a variance to allow any use permitted within the R-3 zoning designation within the zoning ordinance of the City of Dubuque,Iowa..."(a"Variance"); C. Developer has agreed to convey Lot 2 of Timber Hyrst-Estates No.2 to the City of Dubuque,Iowa for development by the City of a public park/recreation area; D. The current zoning ordinances of the City of Dubuque,Iowa allow development of "public parks,recreation areas,playgrounds and community centers..."within an R-3 Single Family Residential District(see Ordinance 1-15.5(ax7),2011); E. The Developer desires to grant a Variance with respect to Lot 2 of Timber-Hyrst Estates No. 2 in the City of Dubuque,Iowa for development of a public park and recreation area upon such lot and desires to set forth such Variance in writing. THEREFORE,the Developer states as follows: 1. Grant of Variance. The Developer hereby gants a Variance to the restrictions imposed by the Covenants with respect to Lot 2 of Timber-Hyrst Estates No. 2 in the City of Dubuque,Iowa and expressly states that a public park and/or recreational area may be developed upon such lot by the City of Dubuque,Iowa. C i� C-Ie.rK� C� (a,�`' 2. Effect on Covenants. Except as modified by the Variance granted herein,the Covenants shall continue to govern the rights and obligations of owners of the lots affected thereby. NORTH CASCADE ROAD DEVELOPERS, LLC �"''� By: ,�_,. / artin J.McNamer,Managing Member STATE OF IOWA ) COLJNTY OF DUBUQUE )ss: On this�day of 2011,before me,a Notary Public in and for the State of Iowa,personally appeared Martin J.Mc amer,to me personally known,who being by me duly sworn did say that he is the Managing Member of said limited liability company,that(the seal affixed hereto is the seal of said)(no seal has been procured by the said)limited liability company and that said instrument was signed(and sealed)on behalf of said limited liability company by authority of its managers and the said Martin J.McNamer acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company,by it voluntarily executed. P �� � V G��-,l�# No Public in and for the State of Iowa ���� My Con�