The City of Monticello, Iowa
RESOLUTION # -2023-167
Approving the Plat of Parcel 2023-82, which is a portion of the Cherry Street Right-of-Way previously vacated by Resolution 2023-38
WHEREAS, the City Council of the City of Monticello, Iowa, provided notice of and held a public hearing, taking subsequent action pursuant to Resolution 2023-38 to vacate a portion of the Cherry Street right-of-way (the “Property”) by metes-and-bounds description, and
WHEREAS, The Public Hearing notice did not result in any written comment or objection and no comment was received from the public at the Public Hearing, and
WHEREAS, The City of Monticello Planning and Zoning Board recommended the vacation of the proposed right-of-way, and
WHEREAS, the City followed the proper process and took all necessary actions in compliance with Iowa Code and the Monticello Municipal Code, and Resolution 2023-38 Vacating a portion Cherry Street is recorded in the Office of the Jones County Recorder as document number 2023-1998, but after recording, the County asked that a Parcel Plat be prepared for the Property, and
WHEREAS, a Surveyor prepared said Plat for Parcel 2023-82, and has presented the same to the City, which is the same portion of the Cherry Street right of way already vacated by the City, and
WHEREAS, the Surveyor also identified scrivener’s errors in the Legal Description, the corrected version of which is:
Part of Cherry Street lying North of Lot 479 of Railroad Addition to Monticello, Jones County, Iowa as recorded in the Office of the jones County Recorder Book B, page 153
BEGINNING at the northeasterly corner of Lot 479 of Railroad Addition to Monticello, Jones County, Iowa;
Thence South 76-47’-15” West 47.55 feet along the North line and to the Northwesterly corner of said Lot 479;
Thence North 12-55’53” West 37.35 feet along the Easterly right of way line of Maple Street;
Thence North 66-35’-10” East 59.49 feet to the West line of Lot 11 of Turck’s addition to Monticello as recorded in the Office of the Jones County Recorder Book B, page 161;
Thence South 00-04’-16” East 49.17 feet along the West line of said Lot 11 to the POINT OF BEGINNING containing a total of 2230.6 S.F. or 0.05 acres more or less; subject to easements, reservations, restrictions, and rights of way of record and not of record.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Monticello, Iowa does hereby approve the plat of Parcel 2023-82 for a portion of Cherry Street as described within the body of this Resolution, and
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and casued the Great Seal of the City of Monticello, Iowa to be affixed hereto. Done this 6th day of November, 2023.
David Goedken, Mayor
Attest:
Sally Hinrichsen, City Clerk/Treasurer