Restrictive Covenant for 1849 Jackson Street Copyright 2014
City of Dubuque Consent Items # 13.
ITEM TITLE: Restrictive Covenant for 1849 Jackson Street
SUMMARY: City Manager recommending approval of a resolution attaching a single
family residence restrictive covenant to 1849 Jackson Street prior to the
City's disposal of the property.
RESOLUTION Attaching a Single Family Resident Restrictive Covenant to
1849 Jackson Street, Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Restrictive Covenant for 1849 Jackson Vacant Lot-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 Vacant Lot on
Jackson Street (previously known as 1849 Jackson Street)
DATE: September 29, 2015
Housing and Community Development Department Director Alvin Nash recommends
City Council approval of a resolution attaching a single family residence restrictive
covenant to 1849 Jackson Street prior to the City's disposal of the property.
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 Vacant Lot
on Jackson Street (previously known as 1849 Jackson Street)
DATE: September 25, 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. 335-15
ATTACHING SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT TO 1849
JACKSON STREET, DUBUQUE, IOWA
Whereas, The City desires to attach restrictive covenants to 1849 Jackson Street
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 1849 Jackson Street, legally described as:
North 1/2 of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa, according
to the United States Commissioners Map 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 cause said
Restrictive Covenant to be recorded in the Office of the Dubuque County Recorder,
together with a certified copy of this Resolution.
Passed, approved and adopted this 5th day of O•tober, 2015.
Roy D. Buol+' ayor
Attest:
Kevin . Firnstahl,tit y'`lerk
VIII 110 II0 IIU 111 01 II UI UII II0 II0 110 Il II
Doc ID 008328880004 Type GEN
Kind RESTRICTIVE COVENANTS
Recorded: 10/09/2015 at 03:36:51 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
F11e2015-00013115
Return to/ 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:
North 1/2 of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa, according
to the United States Commissioners Map 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. 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:
North 1/2 of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa, according
to the United States Commissioners Map thereof.
Executed by the respective signatories effective the date first above written.
CITY OF DU By JQUE, IOWA
By:
Roy D. bud,,
ATTEST:
4
,...,
....gr. L.......y_____-
Kevi S. Firnstahl,
ity rk
On this day of,�, 20124 -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.
remission Number 719988
My Commission Expires
2
Notary Public in the State of Iowa
My Commission expires /c /3 •r)
RESOLUTION NO. 335-15
ATTACHING SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT TO 1849
JACKSON STREET, DUBUQUE, IOWA
Whereas, The City desires to attach restrictive covenants to 1849 Jackson Street
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 1849 Jackson Street, legally described as:
North'/2 of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa, according
to the United States Commissioners Map 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 cause said
Restrictive Covenant to be recorded in the Office of the Dubuque County Recorder,
together with a certified copy of this Resolution.
Passed, approved and adopted this 5th day of 0 tober, 2015.
Roy D. Buol;';` ayor
Attest:
1
Kevin S. Firnstahl,'Cit rk
STATE OF IOWA
CERTIFICATE of the 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. 335-15 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 6th day of October, 2015.
440r fif
Kevin c . irnstahl, CM tity Clerk