Loading...
Restrictive Covenant for 445 Loras Boulevard Copyrighted August 19, 2019 City of Dubuque Consent Items # 12. ITEM TITLE: Restrictive Covenantfor445 Loras Boulevard SUMMARY: City Manager recommending approval of a resolution attaching a 21-year, single-family-occupancy, restrictive covenant to 445 Loras Boulevard. RESOLUTION Attaching Single-Family Occupancy Restrictive Covenant to 445 Loras Boulevard, Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type 445 Loras Boulevard Single Family Occupancy City Manager Memo Restrictive Covenant-MVM Memo Staff memo Staff Memo Resolution for Restrictive Co�nant Resolutions Restrictive Covenant Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Single Family Occupancy Restrictive Covenant at 445 Loras Boulevard DATE: August 14, 2019 Housing and Community Development Director Alexis Steger recommends the City Council approve a resolution attaching a 21-year single family occupancy restrictive covenant to 445 Loras Boulevard. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Alexis M. Steger, Housing and Community Development Director 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: Alexis M. Steger, Housing and Community Development Director SUBJECT: Single Family Occupancy Restrictive Covenant at 445 Loras Blvd DATE: August 14, 2019 Background The City took legal action by petitioning the courts for ownership of 445 Loras Blvd. after several years of enforcement. The City received ownership of property after petition to the courts in November 2017. Dubuque and Affordable Housing Network, Inc. (AHNI) had been in discussions about AHNI assisting the City of Dubuque's affordable housing initiatives by acquiring, rehabilitating, and selling homes to low income buyers, or by doing other long-term programs such as lease-to-own agreements with prospective owners. The City's standard 21-year covenant will be placed on the sale; however, the City will allowAHNI flexibility for a rent-to-own arrangement. Discussion To continue the initiative to increase homeownership for the health of neighborhoods, it is recommended that a restrictive covenant be placed on 445 Loras Blvd prior to final disposal of the property to AHNI. This restrictive covenant requires the property to be owner-occupied for a period of 21 years; however, it allows for a rent-to-own option to provide homeownership opportunities to low-moderate income residents that may experience barriers to owning a home that can be overcome under a rent-to-own agreement. Recommendation I respecffully request that City Council sign this Resolution and the Restrictive Covenant for the above described real estate, and authorize the City Clerk to provide a certified copy of this Resolution to the City Attorney's Office for recording in the Office of the Dubuque County Recorder. RESOLUTION NO. 286-19 ATTACHING SINGLE FAMILY OCCUPANCY RESTRICTIVE COVENANT TO 445 LORAS BOULEVARD, DUBUQUE, IA Whereas, the City desires to attach restrictive covenants to 445 Loras Boulevard 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 445 Loras Boulevard, legally described as: Lot 5 of the Subdivision of Out Lot 667 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 19th day of August 2019. Attest: Kevir(S. Firnstahl, City Clerk Roy D. Buol, Mayor 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: Lot 5 of the Subdivision of Out Lot 667 in the City of Dubuque, Iowa, according to the recorded plat thereof (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: Lot 5 of the Subdivision of Out Lot 667 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: Roy D. Buol, . yor ATTEST: Ke in S. Firnstahl, City Clerk On this lcliday of ac �S r , 2019, 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. IRISH L. GLEASON Commission Number 719986 My Commission Expir • Notary Public in the State of Iowa My Commission expires 1. • I Z. ,,, IIII1IIIIIIIII!IIIII!IIIllhIIIIllhIIJllhIIIIIIIIjIIIllhJIIllIIiJiiijiiijiJJiiJ ii iioi ilii Doc ID: 010337660004 Type: GEN Kind: RESTRICTIVE COVENANTS Recorded: 08/22/2019 at 11:51:11 AM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder Fi1e2019_00009629 Prepared by Crenna Brumwell, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 cttuxn 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 5 of the Subdivision of Out Lot 667 in the City of Dubuque, Iowa, according to the recorded plat thereof (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. 0 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, txv Ly -.L a ©ZQ Clerk ``� 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 5 of the Subdivision of Out Lot 667 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 DUBUe UE, IOWA By: Roy D. Buol, yor ATTEST: Ke in S. Firnstahl, City Clerk On this Icrday of k ccj t - , 2019, 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. Pb IRISH L. GLEASON Commission Number 719986 My Commission Expires •► •.o Notary Public in the State of Iowa My Commission expires 1 • t t• RESOLUTION NO. 286-19 ATTACHING SINGLE FAMILY OCCUPANCY RESTRICTIVE COVENANT TO 445 LORAS BOULEVARD, DUBUQUE, IA Whereas, the City desires to attach restrictive covenants to 445 Loras Boulevard 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 445 Loras Boulevard, legally described as: Lot 5 of the Subdivision of Out Lot 667 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 19th day of August 2019. I Attest: Kevi S. Firns ahl, City Cie k f Roy D. Buol, Mayor CERTIFICATE of tiie 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. 286-19 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 20th day of August, 2019. Kevin Firnstahl, C City Clerk