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
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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.
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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
Marie L. Ware, Leisure Services Manager
THE CTTY OF Dubuque
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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:
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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.
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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.
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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
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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.
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