The City of Monticello, Iowa
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
RESOLUTION #19-118
Resolution to recognize the past vacation of R.O.W. and to authorize the execution and delivery of Quit Claim Deed to adjacent property owner(s).
WHEREAS, In the late 1800’s the Jones County Board of Supervisors vacated certain Street Right-of-Way and Alleyway Right-of-Way, said action being recorded in Supervisors’ Record Book A, Page 54, dated January 8, 1962, the areas so vacated being generally described as follows:
All that portion of the alley lying between 2nd Street on the South and 3rd Street on the North between Chestnut Street on the East and Walnut Street on the West.
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WHEREAS, To clarify the property boundaries of the lots located adjacent to said vacated right-of-way the City and the County should acknowledge the past vacation and execute quit claim deeds to the current owners for recordation with the County Recorder, and
WHEREAS, The City Administrator has been in contact with the County Auditor’s Office in regard to this issue, much research had been performed, and an agreement has been reached that the City and County should jointly issue a quit claim deed to the adjacent property owners, effectively transferring this long-ago vacated right-of-way, and
WHEREAS, The City and the County previously transferred similar ROW allegedly vacated by the Supervisors in the past as noted in the aforementioned documents, “Supervisors’ Record Book A, Page 54, dated January 8, 1962”, and
WHEREAS, The City Council finds that the City should approve of the transfer of said vacated right-of-way to the current property owners of Lots 395 through 408 of Railroad Addition to the Town of Monticello, Iowa with the alleyway right-of-way being split down the middle with the east half being transferred to the property owners lying to the east of said vacated alleyway and the west half being transferred to the property owners lying to the west of said vacated alleyway, to clear up any current or potential future title issues related to the past vacation of said right of way.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Monticello, Iowa does hereby recognize past vacation of the aforementioned R.O.W. and authorizes the preparation, execution, and delivery of Quit Claim Deeds to all affected property owners as outlined herein, to clear up any current or potential future title issues.
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 19th day of August, 2019.
Brian Wolken, Mayor
Attest:
Sally Hinrichsen, Monticello City Clerk