Restrictive Covenant for 2300 Jackson Street Copyright 2014
City of Dubuque Consent Items # 10.
ITEM TITLE: Restrictive Covenant for 2300 Jackson Street
SUMMARY: City Manager recommending approval of a Resolution
attaching a Restrictive Covenant to the property at 2300
Jackson Street requiring owner-occupancy for a 21-year
period.
RESOLUTION Attaching a Single-Family, Owner-Occupied
Residence Restrictive Covenant to 2300 Jackson Street,
Dubuque, IA
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
2300 Jackson Street Restrictive Covenant-MVM Memo City Manager Memo
2300 Jackson 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 2300 Jackson
Street
DATE: December 13, 2015
Housing and Community Development Department Director Alvin Nash recommends
City Council approval of a Resolution attaching a Restrictive Covenant to the property at
2300 Jackson Street requiring owner-occupancy for a 21-year period.
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
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 2300
Jackson Street
DATE: November 23, 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.
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Doc ID: 008366800004 Type: GEN
Kind RESTRICTIVE COVENANTS
Recorded: 12/23/2015 at 03:42:16 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
F11e2015-000.16257
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 2 of Lot 63 in L.H. Langworthy's Addition — 2300 Jackson 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 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:
Lot 2 of Lot 63 in L.H. Langworthy's Addition
Executed by the respective signatories effective the date first above written.
CITY OF DIJ UQUE, IOWA
By:
Roy D. uol, Mayor
ATTEST:
Kevin S. Firnstahl, --ify Clerk
On this 2/ day of ' ) m.m', 201/5, 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.
PAMELA J. McCARRON
Commission Number 772419
My Comm. Exp. ' 5-2-0
2
arm /39(9/104,67-70
(
Notary Public 'fin e State of Iowa
My Commission expires ;Zd%f
RESOLUTION NO. 430-15
ATTACHING SINGLE FAMILY OWNER -OCCUPIED RESIDENCE RESTRICTIVE
COVENANT, TO 2300 JACKSON STREET, DUBUQUE, IA
Whereas, The City desires to attach restrictive covenants to 2300 Jackson Street
prior to disposal of said property,
Whereas, the City intends to dispose of said property in the near future 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 2300 Jackson Street, legally described as:
Lot 2 of Lot 63 in L.H. Langworthy's Addition in the City of Dubuque, Iowa,
according to the recorded plat thereof — 2300 Jackson 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 21st day of December, 2"15.
Attest:
Keviri Firnstahl, dity'Clerk
poy D. Buol, Mayor
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. 430-15 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 22nd day of December, 2015.
KevirS' '. Firnstahl, (-Mt, City Clerk