The City of Monticello, Iowa
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
RESOLUTION #17-136
Resolution Approving Easement Agreement between the City of Monticello and Gary and Angela Larson, and their successors in interest, on City of Monticello property located on the grounds of the Monticello Regional Airport
WHEREAS, The Gary and Angela Larson own residential property adjacent to the grounds of the Monticello Regional Airport, and
WHEREAS, A portion of the Larson septic system extends from their property into the grounds of the Monticello Regional Airport, said extension having been in place prior to the ownership of said parcel by the City of Monticello, and
WHEREAS, The septic system extension is located underground at a depth that does not interfere with the agricultural or other use of the Airport Grounds and is not believed to cause interference at any point in the future, and
WHEREAS, The Council previously scheduled a Public Hearing for tonight’s meeting on the proposed Easement Agreement, and
WHEREAS, The Council finds that the Airport Board has generally reviewed the desired easement and does not object to the Council negotiating and issuing an easement to Larson and his successors, and
WHEREAS, The Council finds that the issuance of an easement is a transfer of a property interest, that the City cannot transfer a property interest without adequate compensation, and that adequate compensation for this easement is the sum of $100.00 in addition to reimbursement related to the costs to publish notice of the Public Hearing held tonight as well as all costs related to the recordation of the Easement Agreement, and
WHEREAS, The Council further finds that the easement is semi-permanent in nature with the easement to cease at such time that the Septic System is deemed to be legally noncompliant or suffers a mechanical failure.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Monticello, Iowa does hereby approve of the Easement Agreement and finds that the sum of $100.00 plus publication and recording costs is adequate consideration for this semi-permanent to permanent easement agreement and does hereby authorize the Mayor to execute same on behalf of the City.
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 20th day of November, 2017.
Dena Himes, Mayor
Attest:
Sally Hinrichsen, Monticello City Clerk