RESOLUTION #09-167

Resolution to approve of vacation of City of Monticello portion of 190th Street ROW located within Welter Addition, and transfer of same to Welter family
by way of Quit Claim Deed.

WHEREAS, The City of Monticello holds certain ownership rights in the “old” Right-of-Way for 190th Street, lying within the Welter Addition, and adjacent to Business 151, same being legally described as follows,

“A parcel of land located in the SW ¼ of the SW ¼ of Section 34, Township 86 North, Range 3 West of the 5th P.M., in the City of Monticello, Jones County, Iowa, identified as Parcel “C” in Recorder’s documents 2001 2311 & 2001-3245, said parcel being more specifically described as follows:

(Specific legal to be verified with the Auditor, as the two documents describing the 1.1 acre parcel do not set out the exact same dimensions)

WHEREAS, The Welter Addition has provided for a new street, and the continued existence of 190th Street is unnecessary, and not in the best interest of the City, and

WHEREAS, The City of Monticello held a Public Hearing on January 19, 2009 at 6:00 p.m. on the Vacation and Transfer of City Right-of-Way lying within the Welter Addition, identified as 190th Street, and no written or oral objections to said transfer were received at that time, and

WHEREAS, The City Council, by Resolution #09-15 transferred most of the ROW associated with “old” 190th Street, but failed to include in the property description and quit claim deed associated with that Resolution, the property described herein, this Resolution and related Quit Claim Deed being approved for purposes of completing the previously planned, anticipated, and approved transfer of the old 190th Street ROW, and

WHEREAS, The City Council further finds that the above transaction is in the long-term best interests of the City of Monticello, and further recognizes that the current development of the area in question is being accomplished by way of a partnership by and between the City of Monticello, the Welter family, and Kirkwood Community College, and

WHEREAS, The City Council finds it appropriate to abandon and vacate the above-described ROW, and to transfer said ROW along with any and all rights of the public in same as a platted roadway.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monticello, does hereby officially abandon and vacate all of its right, title, and/or interest in and/or to that portion of 190th Street, as legally described herein, along with any and all rights of the public in same as a platted roadway, and does hereby authorize the City Administrator to see to the preparation of all legal documents necessary to effect the transfer of same to Welter Enterprises, L.L.C.