The City of Monticello, Iowa
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
RESOLUTION #2023-38
Vacating a portion of the Cherry Street Right-of-Way and transferring same to the adjacent property owner
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 a portion of the Cherry Street right-of-way deemed to be of no present or future value or use to the City of Monticello, and
WHEREAS, 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-way, and
WHEREAS, The Council finds that the following right-of-way should be and is hereby vacated, to be transferred by way of this Resolution to the adjacent property owners consistent with the Iowa Code, to wit:
Part of Cherry Street lying North of Lot 479 of Railroad Addition to Monticello, Jones County, Iowa as recorded in the Office of the jones County Recorder Book B, page 153
BEGINNING at the northeasterly corner of Lot 479 of Railroad Addition to Monticello, Jones County, Iowa;
Thence South 76-43’-30” West 47.65 feet along the North line and to the Northwesterly corner of said Lot 479;
Thence North 12-55’53” West 37.35 feet along the Easterly right of way line of Maple Street;
Thence North 66-35’-10” East 59.49 feet to the West line of Lot 11 of Turck’s addition to Monticello as recorded in the Office of the Jones County Recorder Book B, page 161;
Thence South 00-04’-18” East 49.17 feet along the West line of said Lot 11 to the POINT OF BEGINNING containing a total of 2231.1 S.F. or 0.05 acres more or less; subject to easements, reservations, restrictions, and rights of way of record and not of record.
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WHEREAS, The City Councilfeels a fair and just valuable consideration for this property being $100.00 and
WHEREAS, The portion of Cherry Street vacated herein shall, by the approval of this Resolution, result in the transfer of ownership of said vacated alleyway to the owner of Lot 479 of Railroad Addition, Terry Waugh;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Monticello, Iowa does hereby vacate that portion of Cherry Street as described within the body of this Resolution, and
BE IT FURTHER RESOLVED that the property referenced shall be transferred by virtue of this document alone, without the preparation or issuance of a deed or other documentation, to the property owner identified herein, and/or their successors in interest if appropriate.
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 6th day of March, 2023.
David Goedken, Mayor
Attest:
Sally Hinrichsen, City Clerk/Treasurer