Preparer Info.: Doug Herman 200 E. 1st Street, Monticello, IA (319)465.3577
THE CITY OF MONTICELLO, IOWA
RESOLUTION #13-24
Resolution authorizing construction on previously established Utility Easement
adjacent to property located at 908 W. 1st Street, as legally described within the body
of the Resolution.
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
WHEREAS, Phil and Laura Larabee, owners of a Residential property located at 908 W. 1st Street, Monticello, IA, have requested permission to construct a shed on, over, and above a Utility Easement that appears of the Plat within which their property is located, said property being legally described as follows:
LOT 14 of AUDITOR’S PLAT NO. 11, City of Monticello, Jones County, Iowa, SUBJECT TO Easement over the East 20 feet thereof for Utility Purposes only: TOGETHER WITH right of way over the South 20 feet of Lot 13 of Auditor’s Plat No. 11, City of Monticello, Jones County, Iowa, for road purposes, which shall be maintained by the grantees and any other persons that have similar easement and/or owners of Lot 13, who are using the right of way for driveway purposes.
-and-
WHEREAS, Other than the disclosure of the utility easement in the plat there are no other documents specifically identifying a single utility company by name, the City of Monticello, or others with specific rights to the easement, and an inspection of the property coupled with discussions with the owners has led to the conclusion that no utilities are in fact located in the easement, and
WHEREAS, The area in which this home is located is fully developed and has been served by utilities for years, with utility easements running along the roadways both to the North and to the South of this property, and
WHEREAS, The Planning and Zoning Board has considered this request and finds that the utility easement is unnecessary and that permission to construct on, over, and/or above the easement should be permitted, further noting that all utilities are either already in place or could be installed in easements located along the roadways.
NOW THEREFORE BE IT RESOLVED by the City of Monticello, through its’ City Council, in session this 18th day of February, 2013, that the owners, current and successive, of the property described herein, are permitted to construct and maintain the presence of a shed on, over, and/or above the aforementioned easement, with the only restriction being that all building permit requirements, including property setbacks, must be followed.
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 18th day of February, 2013.
Dena Himes, Mayor
Attest:
Sally Hinrichsen, City Clerk