Restrictive Covenant - 2008 Foye Street Copyright 2014
City of Dubuque Consent Items # 12.
ITEM TITLE: Restrictive Covenant- 2008 Foye Street
SUMMARY: City Manager recommending approval of a Resolution
attaching a Restrictive Covenant to the property at 2008
Foye Street that requires owner-occupancy for a 21-year
period.
RESOLUTION Attaching an Owner Occupancy Restrictive
Covenant to real estate at 2008 Foye Street, Dubuque,
Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
20008 Foye Street Restrictive Covenant-MVM Memo City Manager Memo
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 at 2008 Foye Street
DATE: January 26, 2016
Housing & Community Development Department Director Alvin Nash recommends City
Council approval of a Resolution attaching a Restrictive Covenant to the property at
2008 Foye Street that requires owner-occupancy for a 21-year period.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Alvin Nash, Housing & Community Development Department Director
THE CITY OF Dubuque
AII-Ame1 rica City
DUBgkE r
Masterpiece on the Mississippi 2007.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Alvin Nash, Housing and Community Development Department
SUBJECT: Restrictive Covenant for Residential Real Estate at 2008 Foye Street
DATE: January 25, 2016
Introduction
The purpose of this memorandum is to request City Council approval of the attached
Resolution attaching a Restrictive Covenant to the property at 2008 Foye Street.
Discussion
The Restrictive Covenant will assist in maintaining owner occupancy in the
neighborhood by requiring owner-occupancy of the property for a 21-year period.
The City acquired 2008 Foye through a petition for title as abandoned property. The
owners (Rath) of the abutting property at 595 W. Locust expressed interest in obtaining
ownership of 2008 Foye Street to deconstruct the home for green space/additional yard
space for their home while maintaining and rehabilitating the garage at 2008 Foye for
their use. In exchange for a deed to 2008 Foye, the Raths' have agreed to deconstruct
the home, rehabilitate the garage, and place an owner occupied covenant on their
property at 595 W. Locust.
A transaction with the neighbor will be set for public hearing later on the agenda. This
transaction will attach the 21-year covenant restriction to 2008 Foye to limit its future
usage.
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.
IU 0 lI0 IIU IUI 11 1101111110
11
011
Doc ID 008384470004 Type GEN
Kind: RESTRICTIVE COVENANTS
Recorded: 02/03/2016 at 02:20:43 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
File2016-00001299
Prepared by Crenna Brumwell, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
Return to Kevin Firnstahl, 50 W. 13th St. Dubuque, IA 52001 563-589-4121
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:
East 24 feet of Lot 22 in Cox's Addition to Dubuque, in the City of
Dubuque, Iowa, according to the recorded plat 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 may 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.
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:
East 24 feet of Lot 22 in Cox's Addition to Dubuque, in the City of
Dubuque, Iowa, according to the recorded plat thereof.
Executed by the respective signatories effective the date first above written.
CITY OF DUQUE, IOWA
By:
Roy D. Buo1l7Mayor
ATTEST:
Kevii6 S. FIrnstah
i
Clerk
On this /6 day of �skbcuc,ni, 2016, 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.
Commission Number 719986
My Commission Expires
2
Notary Public in the State of Iowa
My Commission expires Ja.) 3.1")
RESOLUTION NO. 28-16
ATTACHING AN OWNER OCCUPANCY RESTRICTIVE COVENANT TO REAL
ESTATE AT 2008 FOYE STREET, DUBUQUE, IOWA
Whereas, the City currently owns the property at 2008 Foye Street, and
Whereas, the City desires to attach a restrictive covenant to 2008 Foye Street prior to
disposal of said real estate, and
Whereas, the City intends to dispose of said real estate in the near future and the
City desires said real estate 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 attached restrictive
covenant for 2008 Foye Street, legally described as:
East 24 feet of Lot 22 in Cox's Addition to Dubuque, Iowa — 2008 Foye 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 1st day of February, 2016.
Attest:
Kevin S. Firnstal;'City`Clerk
G
Roy 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. 28-16 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 2nd day of February, 2016.
Kevin S. Firnst. I, "`C, City Clerk