The City of Monticello, Iowa
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
RESOLUTION # 15-37
Vacating certain Street and Alleyway Right-of-Ways
and transferring same to adjacent property owners.
WHEREAS, The City of Monticello City Council scheduled a Public Hearing, published notice of same, and held the Public Hearing on the proposed vacation of various street and alleyway right-of-ways deemed to be of no present or future value or use to the City of Monticello, and
WHEREAS, That the Public Hearing notice did not result in any written comment or objection and no comment was received from the public at the Public Hearing, and
WHEREAS, The City of Monticello Planning and Zoning Board recommended the vacation of the proposed right-of-ways, and
WHEREAS, The Council finds that the following right-of-ways should be and are hereby vacated, to be transferred by way of this Resolution to the adjacent property owners consistent with the Iowa Code, to wit:
1). All that portion of Willow Street and Washington Street lying within the boundaries of the Plat of Survey to Parcel 2015-15 and 2015-16, with the intent being to maintain ownership and use of all of said street right-of-ways located within Parcel 2015-15 for City park purposes and to sell and transfer by quit claim deed that portion lying within Parcel 2015-16 to neighboring property owner Thomas W. Yeoman.
2). The full width of a platted alleyway located south of Lots 42 and 43 and north of lots 44 and 45, said lots located in the original plat of the Town of Monticello, Iowa, attempts being previously made to vacate said alleyway and to transfer a portion thereof by way of an unnumbered City of Monticello Resolution dated December 13, 1993 that was preceded by Resolution 93-59 dated November 30, 1993 that scheduled a public hearing on the proposed vacation, said 1993 vacation being potentially ineffectual due to typographical errors within some of the documents associated with said vacation process. This vacation process shall act to confirm the intended vacation of said alleyway, to confirm the prior transfer of the portion of said alleyway lying between Lots 42 and 44 to Rex E. Cheney and Joy E. Cheney, to clarify any potential title objections that may or may not surface with regard to Cheney’s successors in interest, and to transfer the vacated alleyway lying between Lots 43 and 45 to Raymond F. Johnson and Pamela S. Johnson, owners of the adjacent property, Lots 43 and 45.
3). The full width of 2nd Street, formerly known as Orange Street, lying south of Lots 46 and 47 and north of Lots 48 and 49 in the original plat of the Town of Monticello, Iowa, with the intent of said vacation being the transfer of the north one-half of said street right-of-way lying between Lots 46 and 48 to the current owner of Lot 46, the adjacent property to the north, Richard J. Wolken, and the transfer of the south one-half of said street right-of-way lying between Lots 46 and 48, the adjacent property to the south, and the entirety of the street right-of-way lying between Lot 47 and Lot 49, to adjacent property owners Raymond F. Johnson and Pamela S. Johnson.
4). The full width of the previously platted Locust Street right-of-way lying east of Lots 41, 43, 45, 47, 49, and 51, as well as that portion of said street right-of-way lying east of the aforementioned 2nd Street right-of-way and east of the aforementioned alleyway right-of-way, between lots 42 and 43 to the north and 44 and 45 to the south, with the intent of transferring said undeveloped right-of-way to Raymond F. Johnson and Pamela S. Johnson, owners of property adjacent to both the east and west side of said right-of-way.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Monticello, Iowa does hereby vacate those street and alleyway right-of-ways as described within the body of this Resolution, and further resolves that the property described as Parcel 2015-15, referenced in the Paragraph number 1 as set forth previously herein, shall be sold by the City to Thomas W. Yeoman, the neighboring property owner, for the sum of $6,481, and transferred to him by way of Quit Claim Deed; and
BE IT FURTHER RESOLVED that the property referenced in paragraph number 2, set forth previously herein, shall be transferred by virtue of this document alone, without the preparation or issuance of a deed or other documentation, to the property owners identified therein, or their successors in interest if appropriate, as follows: this vacation shall reconfirm and/or re-vacate and transfer that portion of the previously platted alleyway lying between Lots 42 and 44 in the original plat of the Town of Monticello, Iowa to Rex E. Cheney and Joy E. Cheney and/or their successors in interest, to clarify any potential title objections that may or may not surface with regard to Cheney’s successors in interest, and shall also result in the transfer of the vacated alleyway lying between Lots 43 and 45 in the original plat of the Town of Monticello, Iowa to owners of the adjacent property, Raymond F. Johnson and Pamela S. Johnson; and
BE IT FURTHER RESOLVED that the property referenced in paragraph number 3, set forth previously herein, shall be transferred by virtue of this document alone, without the preparation or issuance of a deed or other documentation, as follows: the north one-half of the full width of 2nd Street, formerly known as Orange Street, lying between Lots 46 and 48 shall be transferred to the current owner of Lot 46, the adjacent property to the north, Richard J. Wolken, with the south one-half of said street right-of-way lying between Lots 46 and 48, being transferred to Raymond F. Johnson and Pamela S. Johnson, owners of the adjacent property to the south; and the entirety of the 2nd Street right-of-way, formerly known as Orange Street, lying between Lot 47 and Lot 49, being transferred to the owners of said adjacent property, Lot 47 and Lot 49, Raymond F. Johnson and Pamela S. Johnson; and
BE IT FURTHER RESOLVED that the property referenced in paragraph number 4, set forth previously herein, shall be transferred by virtue of this document alone, without the preparation or issuance of a deed or other documentation, as follows: the entirety of the previously platted Locust Street right-of-way lying east of Lots 41, 43, 45, 47, 49, and 51, as well as that portion of said street right-of-way lying east of the aforementioned 2nd Street right-of-way and east of the aforementioned alleyway right-of-way, between lots 42 and 43 to the north and 44 and 45 to the south, being transferred to Raymond F. Johnson and Pamela S. Johnson, owners of property adjacent to both the east and west side of said right-of-way.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and casued the Great Seal of the City of Monticello, Iowa to be affixed hereto. Done this 4th day of May, 2015.
Dena Himes, Mayor
Attest:
Sally Hinrichsen, Monticello City Clerk