RESOLUTION 2025-39
APPROVING VACATION OF PORTION OF RIGHT OF WAY EASEMENT AND TRANSFER OF SAME TO ADJACENT PROPERTY OWNER
WHEREAS, Jones County, Iowa acquired certain rights to property as disclosed by a document titled “Easement for Public Highway” recorded in Book 164, Page 523, records of the Jones County, Iowa Recorder on May 6, 1963, wherein “Clara Eilers” was grantor and Jones County, Iowa was grantee, the property being legally described as follows:
A parcel of land located in the SW ¼ SW ¼ Section 34 T86N R3W of the 5th P.M. lying directly east of the following described centerline of Farm-to-Market road as shown on the official plans of Project C-1618.
The centerline is designated by station points 100 feet apart and numbered consecutively from south to north, beginning at station 278+68 which point is assumed to be the SW corner of said Section 34 and runs thence N 0° 00’ W along the assumed west line of said SW ¼ said Section 34 to station 294+47.5. The west line of said SW ¼ Section 34 is assumed to bear due north.
Said parcel is described as follows: The area included between the above described centerline and the following described right of way line which commences at a point 60 feet east of centerline station 279+13, and runs thence parallel to centerline to a point 60 feet east of centerline station 291+99. Said parcel contains 0.86 acres more or less exclusive of present established right of way.
(Hereinafter referred to as “Property” for purposes of this Resolution),
and
WHEREAS, the Property at the time of Jones County acquisition was located outside the City limits of the City of Monticello, Iowa, with same, at this time, being located within the City limits of the City of Monticello, Iowa, and therefore within the jurisdiction of the City of Monticello, Iowa, and
WHEREAS, the City Council finds that a portion of the Property (hereinafter referred to as “Partial Property”) has been determined to be located within Lot 1, Welter’s First Addition to the City of Monticello, and that the Partial Property is not needed for public right of way or any other public purpose, that same is located within a separate utility easement, and that said Partial Property should be considered for vacation, and transfer to Welter Enterprises, LLC, and
WHEREAS, the City of Monticello Planning & Zoning Commission previously reviewed the proposed vacation and transfer of the Partial Property and has recommended the approval of same, and
WHEREAS, the City Council previously scheduled a public hearing on the proposed vacation and transfer of said right of way, the Partial Property, for this date by Resolution 2025-36, and
WHEREAS, the Mayor opened the public hearing, accepted public comment, and thereafter closed the public hearing, and
WHEREAS, the Council finds that the Partial Property proposed for vacation and transfer should be approved for vacation and transfer at this time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Iowa that the property described herein as the Partial Property is hereby vacated with the City Administrator being directed to take steps to transfer said Partial Property to Welter Enterprises, LLC, owner of the underlying property on which Partial Property is located, by Quit Claim Deed.
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 7th day of April, 2025.
Wayne Peach, Mayor
Attest:
Sally Hinrichsen, City Clerk