Loading...
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