RESOLUTION 2025-36
RESOLUTION SCHEDULING PUBLIC HEARING ON VACATION OF PORTION OF RIGHT OF WAY EASEMENT AND TRANSFER OF SAME TO ADJACENT PROPERTY OWNER
WHEREAS, Jones County, Iowa acquired certain rights to property as disclosed by a document titled “Easement for Public Highway” recorded in Book 164, Page 523, records of the Jones County, Iowa Recorder on May 6, 1963, wherein “Clara Eilers” were grantors and Jones County, Iowa was grantee, the property being legally described as follows:
A parcel of land located in the SW ¼ SW ¼ of Section 34 T86N R3W of the 5th P.M. lying directly east of the following described centerline of Farm-to-Market Road as shown on the official plans of Project C-1618.
The centerline is designated by station points 100 feet apart and numbered consecutively from south to north, beginning at station 278+68 which point is assumed to be the SW corner of said Section 34 and runs thence N 0° 00’ W along the assumed west line of said SW ¼ said Section 34 to station 294+47.5. The west line of said SW ¼ Section 34 is assumed to bear due north.
Said parcel is described as follows: The area included between the above-described centerline and the following described right of way line which commences at a point 60 feet east of centerline station 279+13, and runs thence parallel to centerline to a point 60 feet east of centerline station 291+99. Said parcel contains 0.86 acres more or less exclusive of present established right of way.
(Hereinafter referred to as “Property” for purposes of this Resolution),
and
WHEREAS, the Property at the time of Jones County acquisition was located outside the City limits of the City of Monticello, Iowa, with same, at this time, being located within the City limits of the City of Monticello, Iowa, and
WHEREAS, the Property was transferred, whether by easement or fee simple title, to Jones County for use as public road right of way, said roadway now being in the City limits of Monticello, Iowa, and therefore within the jurisdiction of the City of Monticello, Iowa, and
WHEREAS, the City Council finds that a portion of the Property (hereinafter referred to as “Partial Property”) has been determined to be located within Lot 1, Welter’s First Addition to the City of Monticello, and that the Partial Property is not needed for public right of way or any other public purpose, that same is located within a separate utility easement, and that said Partial Property should be considered for vacation, and transfer to the owner of the adjacent property, Welter Enterprises, LLC, by the City Council, and
WHEREAS, the City of Monticello Planning & Zoning Commission will review the proposed vacation and transfer of the Partial Property and will make a recommendation regarding the approval of same, and
WHEREAS, the City Council finds that a public hearing must be set and held in advance of the vacation and transfer of said right of way located within the jurisdiction and under the control of the City of Monticello, and to that end, finds that said hearing should be set.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Iowa that a Public Hearing on the proposal to vacate and transfer the Partial Property, as described herein, shall be set for 6:00 p.m. on the 7th day of April, 2025, during the regular City Council meeting of the City of Monticello, Iowa, in the City Council Chambers, located in the Mary Lovell Levan, Monticello Renaissance Center, located at 220 E. 1st Street, Monticello, Iowa, the Clerk being hereby directed to publish notice of the Public Hearing, in a form substantially consistent with the proposed public notice attached hereto, in accordance with Iowa Code Section 362.3
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 17th day of March, 2025.
Wayne Peach, Mayor
Attest:
Sally Hinrichsen, City Clerk
Notice of Public Hearing
City of Monticello, Iowa, Vacation and Transfer of Portion of Right of Way Easement
Notice is hereby given that on April 7, 2025 at 6:00 p.m. the City Council of the City of Monticello, Iowa will hold a public hearing on the proposal to vacate and transfer the following described portion of an Easement originally granted to Jones County, Iowa for roadway purposes, but now being located within the City limits of the City of Monticello, Iowa, described as follows:
All that portion of the following described property located within Lot 1, Welter’s 1st Addition to the City of Monticello:
A parcel of land located in the SW ¼ SW ¼ of Section 34 T86N R3W of the 5th P.M. lying directly east of the following described centerline of Farm-to-Market Road as shown on the official plans of Project C-1618.
The centerline is designated by station points 100 feet apart and numbered consecutively from south to north, beginning at station 278+68 which point is assumed to be the SW corner of said Section 34 and runs thence N 0° 00’ W along the assumed west line of said SW ¼ said Section 34 to station 294+47.5. The west line of said SW ¼ Section 34 is assumed to bear due north.
Said parcel is described as follows: The area included between the above-described centerline and the following described right of way line which commences at a point 60 feet east of centerline station 279+13, and runs thence parallel to centerline to a point 60 feet east of centerline station 291+99. Said parcel contains 0.86 acres more or less exclusive of present established right of way.
The Public Hearing will be held in the Council Chambers, located in the Mary Lovell Levan, Monticello Renaissance Center, located at 220 E. 1st Street, Monticello, Iowa. Anyone interested may appear on the date and time set for public hearing to be heard by the Council or may submit written comments in advance by delivery or mailing to the attention of the City Administrator, Monticello City Hall, 200 E. 1st Street, Monticello, IA 52310 no later than 4:00 p.m. on April 7, 2025.
Sally Hinrichsen, City Clerk