Zoning QHQ, S Holiday Dr additional pages added 3-2-2023Twilight1 per,,
QHQ Rezoning Request - Holiday Drive
Property in
4-114 1
osition = 23.5% as of 6/2/03 4p.m.
4760
Property in Opposition
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PUBLIC HEARING JUNE 2, 2003
QHQ PROPERTIES
HOLIDAY DRIVE AND NORTHWEST ARTERIAL
June 2, 2003
Dubuque City Council
City Hall
Dubuque, IA
R`_^'l71\iFrD
03
JU1 2 C 1:? v.,.
City Office
I_\
Dear Mayor and Council Members:
We are opposed to zoning this property as commercial.
The area should be residential zoning for the following reasons:
This would be a continuation of the residential area to the west and south.
City of Dubuque building lots are needed to slow the residential building in the
county.
Homes with families would be less of an impact on the traffic flow on the
Northwest Arterial and Asbury Road.
The water shed would be considerably less thatlthat from paved parking lots.
It just is good planning to be residential.
Current commercial development and the proposed commercial development at Asbury
Road and Northwest Arterial is too dense.
What is the plan for traffic control?
Please vote no to commercial zoning on this property.
Also, I think it is wrong that the developer, QHQ Properties, has threatened the residents
of Samantha Drive and denied them their right to speak.
Sincerely,
Mary Janice Giesler
2310 High Cloud Dr.
Dubuque, IA 52002
Page 1 of 1
Jeanne Schneider
From: <Jmjungbluth@aol.com>
To: <patriciacline@mchsi.com>; <jconnors63@mchsi.com>; <jmarkham@cornerenergy.com>;
<aem10@mchsi.com>; <danielenicholson@mchsi.com>; <jschneid@cityofdubuque.org>
Sent: Sunday, June 01, 2003 7:41 PM
Subject: Rezoning Issue at NW Arterial and Asbury Road
We would like to further discuss the issue of QHQ's desire to have the property south of Asbury Road and west of
the NW Arterial to be rezoned commercial,
As was stated in the last e-mail to you, we are opposed to any rezoning of this land to commercial. The
comprehensive plan indicates residential and has always indicated residential, even with a change to the plan
regarding single family/ multifamily residential made in 2001. If the city thought it was necessary to change any
part of it to commercial, it should have been done when the NW Arterial was constructed and before our house
was built and certainly prior to the development of Samantha Drive.
We don't see a valid need to have this rezoned. There is plenty of land already zoned commercial available to
anyone needing commercial property. We believe QHQ has been deceitful in their method to get this rezoned. It
is our understanding that when QHQ sold the land to Ken Moore Construction, Ken Moore was required to put
into the property owners' covenants, a statement that they would not oppose any rezoning of that area. We also
understand that these homeowners were told by their realtors and builder that it was planned residential so there
was no need to worry about it. They are still being told that TODAY! A new homeowner whose house is under
construction in this area had just been told last week that the plan is for R4 and not to worry about what will be
developed behind him. Since he hasn't yet moved to Dubuque, he has been unaware of any of these rezoning
issues until a neighbor notified him this week. It certainly appears that QHQ's rezoning plan started several years
ago and we don't think their approach has been very ethical. Now, two days before the City Council meeting,
QHQ (who is able to afford legal counsel) sent each homeowner on Samantha a letter threatening court
intervention. We really don't know what that would ultimately mean, but we think personal legal threats seem
pretty hostile in this particular situation. We purchased our property in good faith with the city's plan at that time,
as did all of our neighbors, and we really don't think that the plan should change because of one man's desire to
make money.
The minimum negotiation that should even be considered would be one row of townhouses beyond Samantha,
plus an additional section of large trees. Prior to making a decision whether or not to build there, the homeowner
would know up front what the plan for development would be. He would not be misinformed.
Thank you for your consideration in this matter.
Sincerely,
Mary and John Jungbluth
4911 Twilight Drive
Q6
0
6/2/2003
03/L2/2003 13:54 FAX 563 556 6717 Buesing & Associates
JUN-02-2003 13:38 FUERSTE LAW FIRM
a 001
563 556 '7134 P.01/
LAW OFFICES OF
FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.C.
200 SECURITY BUILDING, 151 WEST 8TH STREET
DUBUQUE, IOWA 52001
WILLIAM C. WERSTE TELEPHONE:
ALLAN J. CAREW (563) 556-4011
MICHAEL J. COYLE
RoeERT LJsuo Sias TELECOPY TI3AN MISSION I ETTER ��8P�'
DOUGW M. HENRY ' '�Y ' is ' ' (663) 558.7134
MARK J. WI LGING
MICWIEL J. SFNBATI'"
NORM►N J. Ni4NOBERO
A. THEODORE HONKER
AS Attorneys licensed In lawn
'Also Licensed In Wsxnaln
"Al90 Uo@rrea n Itlfnab
589-oe90
TO: NAME: Kyle Kritz - 589-4221
Ken $uesing - 558-6717
ORGANIZATION:
TELEGOPIER NUMBER:
FROM: Stephen J. Juergens
RE Wrthdrawal of Objection of Craig and Sheri Kruser
NOTICE: THE INFORMATION TRANSMITTED WITH THIS COVER LETTER IS CONFIDENTIAL.
IF THIS TRANSMITTAL IS RECEIVED IN ERROR, IMMEDIATELY NOTIFY THE
OPERATOR BY TELEPHONE AND RETURN THE ORIGINAL VIA U.S. MAIL. IF THE
TRANSMITTAL WAS RECEIVED IN ERROR, ANY DISTRIBUTION OR COPYING IS
PROHIBITED.
TIME AND DATE OFTRANSMISSION: 1:30 P.M. June 2, 2003
NUMBER OF PAGES, INCLUDING THIS TRANSMISSION LETTER: 2
OPERATOR: Karen TELEPHONE: (563) 556-4011
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL THE OPERATOR IMMEDIATELY
06/,'2/2003 13:54 FAX 563 556 6717 Buesing & Associates
JLN-02-2063 i3:39 FUERSTE LAW FIRM
l 002
563 556 7134 P.02/02
WITHDRAWAL OF OBJECTION
The undersigned hereby withdraws their objection to the rezoning from "AG
Agricultural District" to "C-3 General Commercial District" of the property owned by
QI-IQ Properties, an Iowa general partnership, located south oflloliday Drive and
west of the Northwest Arterial in the City of Dubuque, Iowa.
Dated May ac` , 2003.
Name: Craig
Address: 2425 Samantha Drive
Dubuque, IA 52002
c: Sheri I or
Address: 2425 Samantha Drive
Dubuque, LA 52002
TOTAL P.02
06/02/2003 15:56 FAX 563 556 6717 Buesing & Associates
JUN-02- 3 17 t 00 FUZrRS I E= LAW FIRM
C ] 0 01
563 556 7134 P.02/02
QHQ Properties
3430 Dodge Street
Dubuque, Iowa 52003
May 16, 2003
Please consider this request as formal notice of Intent to remove my name from the list of
opposition to the rezoning request by OHO Properties of land west of the Northwest
Arterial and south of Aid! Foods.
Sincerely,
Lorraine M. SalwoIke
QHQ Properties agrees to mow the westerly land weekly and plant new
trees as dlsc.us1d,
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TUTRL P, 2
MA1'-29-2003 09:19
FUERSTE LAW FIRM 563 556 7134 P.01/03
WILLIAM C. FUERSTE
ALLAN J. CAREW
MICHAEL J. COYLE
STEPHEN J. JUERGENS
ROBERT L. SUDMEIER'
DOUGLAS M. HENRY
MARK J. WILLGING
MICHAEL J. SHUBATT•
NORMAN J. WANGBERG
A. THEODORE HUNKER
LAW OFFICES OF
FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.C.
200 SECURITY BUILDING, 151 WEST 8TH STREET
DUBUQUE, IOWA 52001
All Attomeys Licensed In Iowa
'Also Licensed in Wisconsin
^Also Licensed In Illinois
TELECOPY TRANSMISSION LETTER
TO: NAME: Kyle Kritz - 589-4221
Ken Buesing - 556-6717
ORGANIZATION:
TELECOPIER NUMBER:
FROM: Stephen J. Juergens
RE: We will let you know if any others come in today or Friday.
'TELEPHONE:
(563)558-4011
TELECOPIER:
(563) 556-7134
NOTICE: THE INFORMATION TRANSMITTED WITH THIS COVER LETTER IS CONFIDENTIAL.
IF THIS TRANSMITTAL IS RECEIVED IN ERROR, IMMEDIATELY NOTIFY THE
OPERATOR BY TELEPHONE AND RETURN THE ORIGINAL VIA U.S. MAIL. IF THE
TRANSMITTAL WAS RECEIVED IN ERROR, ANY DISTRIBUTION OR COPYING IS
PROHIBITED.
TIME AND DATE OF TRANSMISSION: 9:10 A_M_ May 29, 2003
NUMBER OF PAGES, INCLUDING THIS TRANSMISSION LETTER: 3
OPERATOR: Karen TELEPHONE: (563) 556-4011
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL THE OPERATOR IMMEDIATELY
MAY-29-2003 09:19 FUERSTE LAIN FIRM
563 556 7134 P.02/03
WITHDRAWAL OF OBJECTION
The undersigned hereby withdraws their objection to the rezoning from "AG
Agricultural District" to "C-3 General Commercial District" of the property owned by
QHQ Properties, an Iowa general partnership, located south of Holiday Drive and
west of the Northwest Arterial in the City of Dubuque, Iowa.
Dated May ¥ , 2003.
f
th .
Name: Beth BotsfName: Bruce Bo : `ord
Address: 2300 Samantha Drive
Address: 2300 Samantha Drive
Dubuque, IA 52002 Dubuque, IA 52002
MAY-29-2003 09:19
FUERSTE LAIC FIRM 563 556 7134 P.03/03
WITHDRAWAL OF OBJECTION
The undersigned hereby withdraws her objection to the rezoning from "AG
Agricultural District" to "C-3 General Commercial District" of the property owned by
QHQ Properties, an Iowa general partnership, located south of Holiday Drive and
west of the Northwest Arterial in the City of Dubuque, Iowa.
Dated May %2003.
Nara s/Am Smith
Addre974 Twilight Drive
Dubuque, IA 52002
TOTAL P.03
LAW OFFICES OF
FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.C.
200 SECURITY BUILDING, 151 WEST 8TH STREET
DUBUQUE, IOWA 52001
WILLIAM C. FUERSTE
ALLAN J. CAREW
MICHAEL J. COYLE
STEPHEN J. JUERGENS
ROBERT L. SUDMEIER'
DOUGLAS M. HENRY
MARK J. WILLGING
MICHAEL J.SHUBATT"
NORMAN J. WANGBERG
A. THEODORE HUINKER
DANITA L. GRANT
All Attorneys Licensed in Iowa
'Also Licensed in Wisconsin
"Also Licensed in Illinois
TELECOPY TRANSMISSION LETTER
TO: NAME: Q isrle Uti\ eiA t lJ Ctj
140 11
TELECOPIER NUMBER: <- R1 - i-1',22J
FROM:
RE:
ORGANIZATION:
--sue 750--Lir-- e n S
TELEPHONE:
(563) 556-4011
TELECOPIER:
(563) 556-7134
E-MAIL:
mail@fccjs.com
NOTICE: THE INFORMATION TRANSMITTED WITH THIS COVER LETTER IS CONFIDENTIAL.
IF THIS TRANSMITTAL IS RECEIVED IN ERROR, IMMEDIATELY NOTIFY THE
OPERATOR BY TELEPHONE AND RETURN THE ORIGINAL VIA U.S. MAIL. IF THE
TRANSMITTAL WAS RECEIVED IN ERROR, ANY DISTRIBUTION OR COPYING IS
PROHIBITED.
TIME AND DATE OF TRANSMISSION: Q A.M
NUMBER OF PAGES, INCLUDING THIS TRANSMISSION LETTER:
OPERATOR:
0/ 03
TELEPHONE: (563) 556-4011
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL THE OPERATOR IMMEDIATELY
WITHDRAWAL OF OBJECTION
The undersigned hereby withdraws their objection to the rezoning from "AG
Agricultural District" to "C-3 General Commercial District" of the property owned by
QHQ Properties, an Iowa general partnership, located south of Holiday Drive and
west of the Northwest Arterial in the City of Dubuque, Iowa.
Dated May o , 2003.
Name: Annalisa Till
Address: 2240 Samantha Drive
Dubuque, IA 52002
a______,
Name: Rick Till
Address: 2240 Samantha Drive
Dubuque, IA 52002
WITHDRAWAL OF OBJECTION
The undersigned hereby withdraws her objection to the rezoning from "AG
Agricultural District" to "C-3 General Commercial District" of the property owned by
QHQ Properties, an Iowa general partnership, located south of Holiday Drive and
west of the Northwest Arterial in the City of Dubuque, Iowa.
Dated May 3 , 2003.
IL/;(AIL)
ame: Sue Steve
Address: 2320 Samantha Drive
Dubuque, IA 52002
JVJ JVV VJJV
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WITHDRAWAL OF OBJECTION
The undersigned hereby withdraws their objection to the rezoning from "AG
Agricultural District" to "C-3 General Commercial District" of the property owned by
QHQ Properties, an Iowa general partnership, located south of Holiday Drive and
west of the Northwest Arterial in the City of Dubuque, Iowa.
Dated May 3E) , 2003.
Name: Susan Mcehan
Address: 2465 Samantha Drive
Dubuque, IA 52002
Name: Jo r cehan.<- --
Address: 2465 Samantha Drive
Dubuque, IA 52002
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WITHDRAWAL OF OBJECTION
The undersigned hereby withdraws their objection to the rezoning from "AG
Agricultural District" to "C-3 General Commercial District" of the property owned by
QI IQ Properties, an Iowa general partnership, located south of Holiday Drive and
west of the Northwest Arterial in the City of Dubuque, Iowa.
Dated May 3 0 , 2003.
,;,,. .. --ems
Name: Danettc Putchio
Address: 2220 Samantha Drive
Dubuque, IA 52002
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Name: R dy uIeh
Address: 2 0 , am6ntha Drive
Dubuque, IA 52002
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**ALSO LICENSE!) IN II I.INO'S
Mr. and Mrs. Rick. Till
2240 Samantha Drive
Dubuque, IA 52002
Dear Mr. and Mrs. 'fill:
May 27, 2003
l I_ErtIUNI :
(563) 556-401 1
TELEcoriF.R:
(563) 556)-7134
Ii-MAIL:
nail( rceis.c""I
1Vlu,ER'S 1)iiu cr
1;-i\'inll. AumRliSs
S IIcrS.Com
This office represents QI IQ Properties, a►1 Iowa General Partnership, which owns
certain real estate located south oil loliday Drive and west of the Northwest Arterial in
Dubuque. Our client's property is legally described as:
Lot I3 and Lot 2 of 2 oldie SE 1/4 of the NE 1/4 Section 20,1'89N, R2E, and to
the centerline oldie adjoining public right-of-way, all in the City of Dubuque,
Iowa.
QI IQ filed a request with the City of Dubuque to rezone its property from "AG -
Agricultural District" to "C-3 General Commercial District".
It has come to Ql IQ's attention that you have signed a petition that was filed] with
the City objecting to the requested rezoning.
We enclose a copy oldie "Declaratory Statement Imposing Restrictive Covenants"
tiled June 28, 2000, as Instrument No. 7288-2000 in the office oldie Dubuque County
Recorder. These covenants are binding upon you as owner(s) areal estate in Embassy
West No. 3 in the City of Dubuque. Please note paragraph (pp) on the last page of the
covenants. Your execution and filing oldie petition constitutes a breach by you of this
covenant. QI IQ respectfully requests that you execute the enclosed "Withdrawal of
Objection" and return it to us immediately. QI IQ intends to file the Withdrawal (and
Withdrawals from other owner's in Embassy West No. 3) with (he City. We must have
your Withdrawal returned to us by 2:00 p.ni. Friday, May 30, 2003, lvliether by return
trail (in the envelope provided for your convenience) or Facsimile (to 563-556-7134).
Alternatively, QIIQ would be happy to pick up your signed Withdrawal if you would call
]'om Casey at 563-599-4039.
I' UI RS'1'E, CAREW, CONTE, ,llJER(;ENs S Sl1Ut\1E,ll?R, P.C.
Mr. and Mrs. Rick "fill
Page 2
IVlay 27, 2003
1 f hroherty Owners in 1:n►I)assy West No. 3 do not withdraw their objections to the
requested rezoning voluntarily, QI IQ Properties may have no alternative but to seek court
intervention to resolve the natter.
Thanking you I6r your cooperation, we remain.
Very truly yours,
I'Ul RS'I'l , CAREW, COY1J ,
JUERGENS & SUDM1 1i R., P.C.
BY:
S.IJ/du►k
Enclosures
cc: QI IQ Properties
3,130 Dodge Street, 116
Dubuque, IA 52003
Kyle Kritz
City of Dubuque
Planning Services I)epartnent
City I tall
50 West 13th Street
Dubuque, IA 52001
,S'I'I PI IEN ,1. JUERGENS
WITHDRAWAL OF OBJECTION
The undersigned hereby withdraws their objection to the rezoning from "AG
Agricultural District" to "C-3 General Commercial District" of the property owned by
QI-IQ Properties, an Iowa general partnership, located south of Holiday Drive and
west of the Northwest Arterial in the City of Dubuque, Iowa.
Dated May , 2003.
Name: Annalisa "fill
Address: 2240 Samantha Drive
Dubuque, IA 52002
Name: Rick Till
Address: 2240 Samantha Drive
Dubuque, IA 52002
12 y
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1.10,11.1111111.,i1)1
4.
DECLARATORY STATEMET
IMPOSING RESTRICTIVE COVENANTS
7288-2000
Filed June 28, 2000
MOORE DEVELOPMENT, LTD., as Owner of the following described
real estate, to -wit:
Embassy West No. 3, a Subdivision of Lot 1 of 2 of the
SE 1/4 of the NE 1/4, Section 20, Township 89 North,
Range 2 East of the 5 P.M., in the City of Dubuque,
Iowa,
hereby make the following declarations as to the limitations,
restrictions and uses to which the above lots in Embassy West No.
3 may be put, hereby specifying that said declaration shall
constitute covenants to run with all of said lots, as provided by
law, and shall be binding upon all parties and all persons
claiming under them and for the benefit of and limitations upon
all future owners of said Embassy West No. 3, a Subdivision of
Lot 1 of 2 of the SE 1/4 of the NE 1/4,•Section 20, Township 89
North, Range 2 East of the S" P.M., in the City of Dubuque,
Iowa, according to the recorded plat thereof.
(a) No basement or residence shall be occupied as a dwelling
place until such time as the exterior of said residence is
fully completed, including permanent siding, stoops, steps
and finish grading of the lot, nor until such time as the
interior of such dwelling is completed to the extent that
all ceilings and interior walls, including wall surfaces,
other than paint and/or other similar decoration, have been
installed.
(b) No building, trailer, trailer house, tent, pre-fab, mobile
home, barn, trailer, double wides, vehicles, modular
component, or manufactured house, foundation, basement,
garage, shack, or other non -dwelling type building shall be
moved onto a lot, constructed on a lot or used as a
residence, temporarily or permanently. Only a newly
constructed single family dwelling may be used as a dwelling
place.
(c) The title holder to each lot, vacant and/or improved, shall
keep the lawn area and construction site free of weeds and
debris and shall keep the grass cut to give the premises a
neat and orderly appearance.
(d) All construction within the subdivision shall be of new
materials. All dwellings shall present their most
attractive fronts to the street in the subdivision upon
which the lot abuts.
(e) No single family dwelling shall be erected or permitted
having a ground floor square foot area, exclusive of open
porches, of less than 1900 square feet in the case of a one-
story home. However, 400 square feet of said 1900 square
feet, shall be used for a garage. In the case of a two-story
home, the minimum total square footage on the main floor
shall be 1000 square feet and on the second floor, 1000
square feet, exclusive of the garage. In the case of a i..
story home, the minimum total square footage on the main
floor shall be 1300 square feet and the minimum square
footage on the second floor shall be 700 square feet,
exclusive of the garage. Homes must have a minimum of an
attached two car garage and said garage must be at least 20
feet in width.
(f) All lots shall be utilized solely and strictly for single
family residential purposes.
(g) Building setback lines shall be 20 feet on the front, 6 feet
on the side, and 20% of lot depth for the rear yard. On
corner lots, no building shall be erected nearer than 20
feet to the front and the side streets, and 6 feet to the
rear side lot lines. For the purposes of this paragraph,
.ill measurements shall be taken from that portion of the
structure nearest the property line in question. Other
property setback requirements shall conform to the City of
Dubuque zoning 'ordinances.
(h) No structure shall be erected or permitted on any lot zoned
for single family use other than a single family dwelling
not to exceed two stories in height (excluding basement and
attic) and any garage for not more than three motor
vehicles. The developer reserves the right to use any lot
for an office and may change location of said nffic'p from
(i) No home occupation or business shall be allowed within the
subdivision which increase vehicular traffic on the roadways
within the subdivision.
(j) Only passenger automobiles shall be permitted to stand at
any time upon the above -described property and the streets
adjacent thereto, except for service vehicles actually used
in the construction of the residence and improvements or for
the purpose of performing services to the owner of any of
said lots.
(k) No boat, snowmobile, bus, truck, camping or recreational
vehicle or trailer, nor a trailer used to carry the same,
nor any other vehicle or device capable of carrying
passengers or cargo, shall be kept or stored on any of said
lots except within the garage. All applicable laws
regarding the parking and storage of machinery and vehicles
on public streets shall be obeyed.
(1) No unused old automobiles, machinery, or junk materials
shall be kept upon any of said lots, nor shall any vehicle
built for, or adapted to, or modified for, racing purposes
be kept or stored upon any of said lots. Building materials
may be stored or kept for immediate incorporation into a
structure on said real estate.
(m) No signs, billboards, or advertising devices, except those
used in the sale of the property, shallbe permitted.
(n) Sewer and utility easements shall exist upon the properties
as shown upon the applicable plats and shall be 10 feet wide
unless otherwise noted. Utility easements are reserved over
each lot for the installation, repair and maintenance of all
utilities, including electric, telephone, gas and cable tv,
storm sewer, sanitary sewer and water main, and as otherwise
specifically noted on the applicable plat.
(o) No fences of a wooden, metal or other material shall be
constructed and maintained upon any lot. Fencing consisting
of ornamental shrubbery and plantings shall be permitted,
provided they are maintained in a neat appearance. No
clotheslines shall be maintained on any lot.
(p) All electrical, gas, telephone and TV cable services to the
residences must be installed and maintained underground by
the respective property owners, their successors and
assigns. No towers or CB antennas shall be constructed,
installed or maintained on any lot. Satellite dishes not in
excess of two feet in diameter are permitted.
(q) All lots shall have sufficient off-street parking to
accommodate at least four automobiles, including a double
garage. All driveways leading from any street shall be of
hard surface construction.
(r) No parking allowed on the streets.
(s) No lot may be subdivided, except by Moore Development, Ltd.
or with the written consent of Moore Development, Ltd., or
its designee.
(t) Adjoining lots may be combined for the purpose of the
construction of a dwelling house, but in no event shall more
than one dwelling house be permitted on any one lot or
combination of lots.
(u) The buildings, lots, driveways, walks and lawns, must be
maintained in a manner consistent with Sunnyslope Estates
Phase IV in the City of Dubuque, Iowa, as defined by a plat
filed for record January 14, 1997 as Instrument No. 434-1997
of the records of Dubuque County, Iowa.
(v) No noxious or offensive activity shall be carried on in any
house, building, or on any lot, nor shall anything be done
therein or thereon which may be or become a nuisance to the
neighbors or neighborhood.
(w) No building shall be erected, placed or altered on any lot
until the construction plans and specifications and a plan
showing the location of the structure have been approved by
Moore Development, Ltd. as to quality of workmanship and
materials, harmony of external design with existing
structures, and as to location with respect to topography
and finish grade level. The contractor for said construction
must be approved by Moore Development, Ltd. No fence or
walls shall be erected, placed or altered on any lot nearer
to any street than the minimum building setback line unless
similarly approved by Moore Development, Ltd. or its
designee.
(x) Once excavation has commenced on a lot for the purpose of
building on a lot, the house or building on said lot shall
be fully completed within one year of that time. Sodding
and final landscaping must be completed no later than one
year from the commencement of the excavation on the lot. In
any event, soil erosion shall be kept to a minimum and
within the limits as provided by law.
(y) No trash or garbage shall be kept on any lot, except in
adequate sanitary containers, and all lots shall be kept
free of weeds and debris. No materials are to be buried on
any portion of lot or lots within subdivision.
(z) No animals of any kind, including, but not limited to,
livestock, chicken or fowl, shall be raised, bred, housed,
quartered, or kept on any lot, except that dogs and cats and
other ordinary household pets may be kept and housed,
provided that they are not kept, bred, housed or maintained
for any commercial purpose. No outside kennels will be
permitted. Within the first 36 months following the filing
of these Restrictive Covenants with the Dubuque County
Recorder's Office, installation of an outside kennel may be
permitted only after authorization is obtained in writing
from Ken Moore, President of Moore Development, Ltd. After
the initial time period of 36 months following the filing of
these Restrictive Covenants with the Dubuque County
Recorder's Office, no outside kennels will be permitted,
with the exception of those which were installed pursuant to
the authority granted by Ken Moore, President of Moore
Development, Ltd., in accordance with the above provisions.
(aa) Only one family shall occupy any house.
(bb) Firewood shall be stored within the residence. If stored
outside, it shall be stacked and ranked immediately adjacent
to the rear of the residence in an orderly fashion. If the
wood is purchased by the truckload, it must be cut and
stacked within one week.
(cc) No firearms, air rifles, or BB guns shall be discharged
within said lots and no hunting of any animals shall be
permitted within said lots.
(dd) All lot requirements shall be in conformity with the county
and city zoning regulations in existence at the time of the
construction of the home.
(ee) All earth excavated in the construction of a dwelling and
not used on the premises of the lot shall be removed, at the
lot owner's cost.
(ff) All driveways leading from any street in the subdivision
shall be of a minimum of all-weather construction, and
completed within one year of housing start.
(gg) The single-family residences constructed in this subdivision
must have full basement. No residence shall be built on a
slab:
(hh) Each dwelling shall have a front yard light that is operated
on a timer or on a light sensitive sensor that has clear
glass to obtain the maximum light.
(ii) An easement is reserved for storm water drainage over any
open areas.
(jj) Invalidation of any of these covenants or restrictions, or
any part thereof, by judgment or Order of Court, shall in no
way affect any of the other provisions and all provisions
shall remain in full force and effect.
(kk) These covenants and restrictions shall run with the land and
shall be binding on all parties hereto, their heirs,
successors and assigns, and on persons claiming under them
}for a period of twenty-one (21) years from the date these
covenants are recorded;,at'•which time the covenants and
ptx;,igtionemay;be•.extended.by,filing a verified claim
t; ;to the:,;�owa' Bode ar
fpx`4ny, of` thin, or their hair,
+441$te or;; attempt . to violate
Y, :.• •�: - - .�rf',-.. .�'I�Is r ttt ans herein,,,it shall be
,for anyy.,othe'i a;perlon.}or Perrons owning any. lot in
F.' .' •• vision,r.or''any;other interested party or parties,
toprosecute any proceeding `at:law or in equity against the
.person or persons violating or attempting to violate any
,such covenants or restrictions, to either prevent him or
•'them from so doing, or recover damages for such violation,
J(-or.I both.
(mm) This Declaration of Restrictive Covenants shall only be
amended by an instrument in writing executed by two-thirds
of the then owners of lots within the Embassy West No. 3.
(nn) Lots 17, 16, 19, 20, 21, 22, 23 and 24 shall maintain the
drainage way as identified on the final plat of lots 1-27 of
Embassy West ff3, and which drainage way runs along the rear
portion of said properties, in the condition in which it
existed at the time of property transfer from developer,
Moore Development, Ltd. The area defined as the drainage
way is measured from the center point of the drainage ditch
and 12.5 feet in each direction, for a total width of 25
feet. This area is to be maintained for purposes of storm
water drainage. Within the designated area, the property
owner may plant shrubbery, greens, flowers, or foliage,
etc., but is Limited to removing only trees, shrubs,
greenery, flowers or foliage which are dead. Further,
property owners are prohibited from adding any permanent or
semi -permanent structure that would obstruct the drainage
way or create an erodible situation: Walking bridges
spanning the 25 foot drainage way are permitted so long as
they do not obstruct the drainage way or create an erodible
situation.
(oo) The lot owner subject to these Restrictive Covenants, by
their purchase, verifies that they have personally viewed
the drainage way, if applicable, and have confirmed that
they are clear of obstructions or debris and assume the
responsibility for continuing to insure that the drainage
way remains clear of obstructions and debris and is
maintained in the same manner in which it existed at the
time of transfer from Moore Development, Ltd.
Residents of Embassy West No. 3 shall not oppose any future
zoning changes proposed by QIIQ Properties, an Iowa General
Partnership, its successors and assigns, affecting the real
estate immediately adjacent to Embassy West No. 3.
As between Moore Development, Ltd. and any lot purchaser,
the lot purchaser shall be responsible for the installation
of the sidewalk servicing said lot. Said sidewalk shall be
installed at the expense of the lot purchaser prior to
completion of the house and shall be installed by said lot
purchaser in accordance with the specifications and
requirements of the City of Dubuque, Iowa.
(pp)
(qq)
��ff
Dated the d'1LIL day of June, 2000.
Duly acknowledged
June 27, 2000
By:
MOORE DEVELOPMENT, LTD.
e7;1,.-1-,,
Kenneth J. Moore, President