The City of Monticello, Iowa
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
RESOLUTION #16-15
Resolution to authorize the execution of an Electric Line Easement, Agreement Re: Easement, and 120 Affidavit, all being related to property acquired by City of Monticello.
WHEREAS, The City of Monticello recently purchased a Tax Sale Certificate and took ownership of a parcel of property located within Monticello identified by Tax Parcel ID
0228230028, at a total cost of approximately $681, and
WHEREAS, ITC maintains transmission lines over a portion of said property and acquired an easement to maintain said lines prior to the City taking ownership of the property, and
WHEREAS, City staff contacted ITC to question the validity of their easement, said easement being purchased from an entity that was delinquent in its’ tax obligations, and, based thereon, ITC has offered to pay the City of Monticello the sum of $681.00 to recognize the existence and validity of their easement, and
WHEREAS, While the City’s argument that the ITC Easement is imperfect at best and/or invalid at worst, it is entirely possible that ITC would not need to compensate the City in any fashion for the City’s recognition of their previously acquired Easement, and
WHEREAS, The intent of the Council when acquiring the property was to protect the informal alleyway located within said parcel as well as the storm water improvements installed by the City in that area. And
WHEREAS, The Council finds that it is in the best interests of the City to accept ITC’s offer of $681.00 to enter into an Easement and Easement Agreement and that the execution of those documents, along with the 120 Affidavit to clarify the City’s title in said property, should be granted to the City Administrator.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Monticello, Iowa does hereby authorize and direct the City Administrator to execute the Electric Line Easement, Easement Agreement, and 120 day affidavit all related to Tax I.D. Parcel No. 0228230028.
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 18th day of January, 2016.
Dena Himes, Mayor
Sall Hinrichsen, Monticello City Clerk