The City of Monticello, Iowa
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
RESOLUTION #18-54
Resolution to recognize the past vacation of R.O.W. and to authorize the
execution and delivery of Quit Claim Deed to adjacent property owner(s).
WHEREAS, In the late 1800’s the Jones County Board of Supervisors vacated certain Street Right-of-Way and Alleyway Right-of-Way, said action being recorded in Supervisors’ Record Book A, Page 54, dated January 8, 1962, the areas so vacated being generally described as follows:
Street Right-of-Way previously known as Locust Street located to the west of Lots 102, 102.5, 103, 104, 105, and 106 and a portion of Walnut Street also located to the west of Lot 106, all in Railroad Addition to Monticello.
Alleyway Right-of-Way: Generally running in a northerly southerly direction, lying between Lots 103 and 113 on the northerly end of the alleyway, thence south to the south line of Lots 106 and 107, all in Railroad Addition to Monticello.
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WHEREAS, To clarify the property boundaries of the lots located adjacent to said vacated right-of-ways the City and the County should acknowledge the past vacation and execute quit claim deeds to the current owners for recordation with the County Recorder, and
WHEREAS, The City Administrator has been in contact with the County Auditor’s Office in regard to this issue, much research had been performed, and an agreement has been reached that the City and County should jointly issue a quit claim deed to the adjacent property owners, effectively transferring this long ago vacated right-of-way, and
WHEREAS, The City and the County previously transferred similar ROW located at the northern end of this block, specifically authorizing the transfer of vacated street right-of-way previously known as Locust Street, lying west of Lots 102 and 102 ½, and previously vacated alleyway right-of-way lying between Lot 94 and the South 50’ of Lot 102, all of said property being located in the Railroad Addition to Monticello, to then owner Vern Vacek, Jr., and
WHEREAS, The City Council finds that the City should approve of the transfer of said vacated right-of-way to the current property owners, with 100% of the street right-of-way being transferred to the adjacent/adjoining property to the east of said right-of-way as said vacated street right-of-way is bounded by existing utilized street right-of-way on its’ west, and with the alleyway right-of-way being split down the middle with the east half being transferred to the property owners lying to the east of said vacated alleyway and the west half being transferred to the property owners lying to the west of said vacated alleyway.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Monticello, Iowa does hereby recognize past vacation of the aforementioned R.O.W. and authorizes the preparation, execution, and delivery of Quit Claim Deeds to all affected property owners as outlined herein, to clear up any current or potential future title issues.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the City of Monticello, Iowa to be affixed hereto. Done this 2nd day of April, 2018.
Brian Wolken, Mayor
Attest:
Sally Hinrichsen, Monticello City Clerk