RESOLUTION #10-107

Resolution to approve vacation of section of ROW along the
Lower – P Road, a/k/a County Road E-16.

WHEREAS, a portion of the boundary of the City Limits, on the Southwest section of the City, extend to the center-line of County Road E-16, and

WHEREAS, the County Engineer has determined and given the opinion that a section of ROW, 10’ in width, adjacent to the Steve Leytem property is excessive in nature and can be vacated without any negative impact to the remaining ROW or to any possible future expansion of that ROW; and

WHEREAS, Steve Leytem desires to erect a building on his property which must, pursuant to City Orindances be at least 25’ off the ROW, and his present plans call for a setback of 18’, which would increase to 28’ with the proposed vacation, bringing him into compliance with the City Code, and

WHEREAS, while not impossible to accomplish, Mr. Leytem reports that he cannot move the building further back without incurring a sizeable additional expense related to fill and moving of a utility pole, and further asserts that he has already incurred sizeable additional expense, primarily in fill, to move the building from 5’ off the existing ROW as he initially proposed to the 18’ mark he presently proposes, and

WHEREAS, The City Council finds that it has no objection to the vacation of said ROW, based largely on the representation and opinion of the County Engineer, and approves of same subject to the County Board of Supervisors taking appropriate action to vacate said right-of-way, including the formal surveying and documentation of same without further action of the Monticello City Council.

NOW THEREFORE, the City of Monticello hereby approve of the vacation of a strip of ROW along and adjacent to the Steve Leytem property along County Road E-16, not to exceed 10’ in width, conditioned on the County Board of Supervisors agreeing to same and taking all necessary steps, including surveying and documenting as necessary, said vacation and transfer of title.