Restrictive Covenant for Residential Real Estate - 1501-1503 Bluff Street Copyright 2014
City of Dubuque Consent Items # 22.
ITEM TITLE: Restrictive Covenant for Residential Real Estate - 1501-1503 Bluff Street
SUMMARY: City Manager recommending approval of a Resolution attaching a
Restrictive Covenant to 1501-1503 Bluff Street prior to City disposal.
RESOLUTION Attaching Duplex-Owner Occupied Residence Restrictive
Covenant to 1501-1503 Bluff Street, Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Restrictive Covenant for 1501-1503 Bluff Street-MVM Memo City Manager Memo
❑ Staff 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 1501-1503
Bluff Street
DATE: August 31, 2015
Housing and Community Development Department Director Alvin Nash recommends
City Council approval of a Resolution attaching a Restrictive Covenant to 1501-1503
Bluff Street prior to City disposal. The Restrictive Covenant requires the property be
owner-occupied for a period of 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 Director
THE CDubuque
DUUL TE
All-America City
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 1501-03
Bluff Street
DATE: August 28, 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. 298-15
ATTACHING DUPLEX -OWNER OCCUPIED RESIDENCE RESTRICTIVE COVENANT
TO 1501-03 BLUFF STREET, DUBUQUE, IA
Whereas, The City desires to attach restrictive covenants to 1501-03 Bluff Street
prior to disposal of said property,
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 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 1501-03 Bluff Street, legally described as:
The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of
the Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out lots 667, 668 and
669 in the City of Dubuque, Iowa, according to the recorded plat thereof —
1501-03 Bluff Street
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 8th day of September, 2015.
Attest:
Kevin 8. irnstahf, City lerk
oy D. Buol, Mayor
Prepared by Crenna Brumwell, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
Return to 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:
The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of
the Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out lots 667, 668 and
669 in the City of Dubuque, Iowa, according to the recorded plat thereof —
1501-03 Bluff Street
(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 as a duplex comprised of two (2)
private single-family residences. The Real Estate and must be fifty percent (50%)
owner occupied. Rental of the more than one half (1/2) of the Real Estate is not
allowed. One (1) residence of the duplex must be owner occupied at all times.
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, Iienholders, successors and assigns,
for a period of twenty-one (21) years from the date of the recording of these covenants.
The property owner has the right to renew these covenants for successive twenty-one
(21) year periods.
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;
The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of
the Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out Tots 667, 668 and
669 in the City of Dubuque, Iowa, according to the recorded plat thereof —
1501-03 Bluff Street
Executed by the respective signatories effective the date first above written.
CITY OF DUB I QUE, IOWA
By:
u�.
Roy D. Buy, Mayor
ATTEST:
Kevir4 S. Firnsta I, Cis Clerk
On thisfday of 4'4', , 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.
mission Number 719986
My Commission Expires
I&) 1
Notary Public in the State of Iowa
My Commission expires) 13
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ. VAPN6
ASSISTANT CITY ATTORNEY
To:
Kevin Firnstahl
City Clerk
DATE: September 21, 2015
RE: Original Documents
Attached for your files are the following original documents:
1. Restrictive Covenants for Residential Real Estate — 2525 Windsor Avenue
2. Restrictive Covenants for Residential Real Estate — 1501-1503 Bluff Street
3. Warranty Deed — 2450 Washington Street
4. Groundwater Hazard Statement — 2450 Washington Street
No further action on your part is necessary and our office will retain a copy of these
documents.
Thank you.
CMB:jmg
Attachments
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org
IIII OJ
IIOIII
IIlij
111011
1111
11
Doc ID 008313060004 Type GEN
Kind: RESTRICTIVE COVENANTS
Recorded: 09/11/2015 at 01:34:24 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
File2015-00011784
Prepared by Crenna Brumwell, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
Return to 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:
The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of
the Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out lots 667, 668 and
669 in the City of Dubuque, Iowa, according to the recorded plat thereof —
1501-03 Bluff Street
(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 as a duplex comprised of two (2)
private single-family residences. The Real Estate and must be fifty percent (50%)
owner occupied. Rental of the more than one half (1/2) of the Real Estate is not
allowed. One (1) residence of the duplex must be owner occupied at all times.
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.
The property owner has the right to renew these covenants for successive twenty-one
(21) year periods.
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;
The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of
the Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out Tots 667, 668 and
669 in the City of Dubuque, Iowa, according to the recorded plat thereof —
1501-03 Bluff Street
Executed by the respective signatories effective the date first above written.
CITY OF DUB UE, IOWA
By:
Roy D. BuY , Mayor
ATTEST:
Kevi S. Firnsta I, Ci " Clerk
On this<'day of , 201/ before me, a Notary Public in and for said state,
personally appeared `koy 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.
®ommission Number 719986
My Commission Expires
1a�3•►
Notary Public in the State of Iowa
My Commission expires Jot • 13 ) -7
RESOLUTION NO. 298-15
ATTACHING DUPLEX -OWNER OCCUPIED RESIDENCE RESTRICTIVE COVENANT
TO 1501-03 BLUFF STREET, DUBUQUE, IA
Whereas, The City desires to attach restrictive covenants to 1501-03 Bluff Street
prior to disposal of said property,
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 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 1501-03 Bluff Street, legally described as:
The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of
the Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out lots 667, 668 and
669 in the City of Dubuque, Iowa, according to the recorded plat thereof —
1501-03 Bluff Street
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 8th day of September, 2015.
Attest:
AOtir,r41
Kevin 9 irnstahl; City lerk
oy D, Buol, Mayor
STATE OF IOWA
CERTIFICATE of tie CITY CLERK
) 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. 298-15 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 9th day of September, 2015.
Keviti S. Firnsta I,C C, City Clerk