Restrictive Covenant for Residential Real Estate - 2525 Windsor Avenue Copyright 2014
City of Dubuque Consent Items # 23.
ITEM TITLE: Restrictive Covenant for Residential Real Estate - 2525 Windsor Avenue
SUMMARY: City Manager recommending approval of a resolution attaching a
Restrictive Covenant to 2525 Windsor Avenue prior to City disposal.
RESOLUTION Attaching Single Family Residence Restrictive Covenant to
2525 Windsor Avenue, Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ 2525 Windsor Avenue Restrictive Covenant-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 2525 Windsor
Avenue
DATE: August 31, 2015
Housing and Community Development Department Director Alvin Nash recommends
City Council approval of a Resolution attaching a Restrictive Covenant to 2525 Windsor
Avenue 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 2525
Windsor Avenue
DATE: August 31, 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. 299-15
ATTACHING SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT, TO 2525
WINDSOR AVENUE, DUBUQUE, IOWA
Whereas, The City desires to attach restrictive covenants to 2525 Windsor Avenue
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 2525 Windsor Avenue, legally described as:
Lot 24 in Stafford's Addition to the City of Dubuque, Iowa
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 Sepmber, 2015.
Roy D. Buo)Mayor
Attest:
Kevin/S. Firnstahl, C"y Clerk
THE CITY OF
DUB MEMORANDUM
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ. q7
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
1111 11
Doc ID 008313080004 Type: GEN
Kind: RESTRICTIVE COVENANTS
Recorded: 09/11/2015 at 01:35:16 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
File2015-0001178686
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:
Lot 24 in Stafford's Addition to the City of Dubuque, Iowa - 2525 Windsor Avenue
(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, 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,
aa
oma
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 24 in Stafford's Addition to the City of Dubuque, Iowa - 2525 Windsor Avenue
Executed by the respective signatories effective the date first above written.
By:
Roy D. Buol,
ATTEST:
Kevin S'`. Firnstahl, City Jerk
-OWNER-,
By:
T-eel-Sterek-f87-T-ed--Sittek-is-C-efrat-rtiefien-
On thisday of e , 201/4 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.
TRISH L. GLEASON
omrnission Number 719986
My Commission Expires
Notary Public in the State of Iowa
My Commission expires )•)3 • ))
, 291—, fere- m e; e- Nt tat -Rebl .
personally appeared Ted Stackis known to m� a e -pre s named in and who
executed the fore._. _, an acknowledge that they executed the same as
Notary Public in the State of Iowa
My Commission expires
RESOLUTION NO. 299-15
ATTACHING SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT, TO 2525
WINDSOR AVENUE, DUBUQUE, IOWA
Whereas, The City desires to attach restrictive covenants to 2525 Windsor Avenue
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 2525 Windsor Avenue, legally described as:
Lot 24 in Stafford's Addition to the City of Dubuque, Iowa
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 Sepbmber, 2015.
0
Roy D. Buo)Mayor
Attest:
Kevin/SS. °Firnstahl, C y Clerk
CERTIFICATE of the 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. 299-15 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.
Kevin Sr.`irnstahl CMG; City Clerk