The City of Monticello, Iowa
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
RESOLUTION # 16-36
Approving and accepting Permanent Easement granted to the City by
Welter Enterprises L.L.C.
WHEREAS, The City of Monticello, Iowa is an incorporated City within Jones County, Iowa; and
WHEREAS, The City of Monticello approved the final plat of Welter’s First Addition by Resolution #09-86 dated July 06, 2009, and participated in the costs associated with the construction of Welter Drive and other City infrastructure in said development, and
WHEREAS, As part of the Welter Commercial Park development the City requested and was granted a perpetual easement over a portion of ground located within the Welter Commercial Park, said Permanent Easement being Recorded with the Jones County Recorder as document number 2009 2133 and filed of record on the 19th day of June, 2016 and being described as follows:
A parcel of land known as Parcel 2008-29 located in the NW fractional quarter of Section 3, Township 85 North, Range 3 West of the 5th P.M., City of Monticello, Jones County, Iowa, shown and described in Plat of Survey filed in the Office of the Jones County Recorder on July 28, 2008, Fee Book 2008 2233, PL BK S, PG 233, containing 2.557 acres.
WHEREAS, The City Council reviewed the proposed Permanent Easement and approved same by Resolution #09-49 dated April 6, 2009, authorizing the City Administrator to obtain the Welter signatures and to then file the permanent easement, and
WHEREAS, The County has requested that the City approve of the Permanent Easement, a second time, as the first approval preceded the Welter’s signatures, based upon language within paragraph number 6 of the Easement which stated that, “this easement shall not be binding until it has been finally approved and accepted by the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Monticello, Iowa does hereby accept and approve of the Permanent Easement as described within the body of this Resolution and directs the City Administrator to deliver and file a copy of this Resolution as deemed necessary with appropriate County offices and officials.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal for the City of Monticello, Iowa to be affixed. Done this 21st day of March, 2016.
Dena Himes, Mayor
Attest:
Sally Hinrichsen, City Clerk