06/13/2006 Resolutions 2006-174
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RES 0 L UTI 0 N 2006-174
WHEREAS, on July 12, 2005, by Resolution 2005-196, the City Council ofthe City
of Grand Island approved the acquisition of real property for utility easements and right-of-way
purposes to widen Capital Avenue from the Moore's Creek Drainway (approximately one-half mile
west of U.S. Highway 281) east to Webb Road; and
WHEREAS, a public hearing was held on June 13, 2006, for the purpose of
discussing the acquisition of an additional public utility easement from Northwest Crossings L.L.C.,
a limited liability company, for this project, such easement is hereby described as follows:
A tract ofland consisting of part of Lot 1, Block 8 ofReplat of Block 8, Continental
Gardens Addition, located in Lot 1 of Fractional Section 7 and the Northwest Quarter
(NWl/4) of Section 8, all in Township 11 North, Range 9 West ofthe 6th P.M. in the
City of Grand Island, Hall County, Nebraska, and more particularly described as
follows:
Commencing at the northwest comer of said Lot 1, said point also being on the south
right-of-way (R.O.W.) line of Capital Avenue and the point of beginning; thence
southerly along the west line of said Lot 1 a distance of 35.00 feet; thence easterly
along a line being 35.00 feet south of and parallel to the north line of said Lot 1 a
distance of37.00 feet; thence northeasterly a distance of 49.19 feet to a point on the
north line of said Lot 1, said point being 72.00 feet easterly from the northwest comer
of said Lot 1; thence westerly along the north line of said Lot 1 a distance of 72.00
feet to the point of beginning. Said Public Utility Easement contains 1907.31 square
feet or 0.044 acres more or less of which 279.99 square feet is existing public utility
easement.
WHEREAS, corrections need to be made to the legal descriptions for the tracts of
land acquired at the July 12, 2005 council meeting, such corrected legal descriptions are set out as
follows:
Tract No.
3
Pro ert Descri tion
A tract ofland consisting of part of Lot 3 of Bosse 1m an Subdivision, located in
the Southwest Quarter of the Southeast Quarter (SWI/4, SEI/4) of Section 1,
Township II North, Range 10 West of the 6th P.M., City of Grand Island, Hall
County, Nebraska and more particularly described as follows:
Bluestem Properties,
L.L.C.
ROW Acquisition
Commencing at the southwest comer of said Lot 3, said point also being on the
north Right-Of-Way (R.O.W.) line of Capital Avenue and the Point of
Beginning; thence on an assumed bearing ofNOo026'48"E along the west line
of said Lot 3 a distance of 12.13 feet; thence S89009'29"E a distance of 115.95
feet; thence S88021 '25"E a distance of 111.33 feet; thence N46038'35"E a
distance of 31.61 feet; to a point on the east line of said Lot 3, said line also
being the west R.O.W. line of Diers Avenue; thence S00029'31 "W along the
east line of said Lot 3 a distance of 32.47 fe .
pprove as 0 orm
June 8, 2006 lX City Attorney
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Lot 3, said comer also being the point of intersection ofthe west RO.W. line
of Diers Avenue and the north R.O.W. line of Capital Avenue; thence
N89011'24"W along the south line of said Lot 3 a distance of250.05 feet to the
point of be ginning. Said tract contains 3144.02 square feet or 0.072 acres more
or less.
5 A Public Utility and Walk Easement consisting of part of Lot 1, Block 1 of
Dickey Subdivision located in the Southeast Quarter of the Southeast
Poland Oil, Inc. Quarter (SEl/4, SEl/4) of Section 1, Township 11 North, Range 10 West of
the 6th P.M., City of Grand Island, Hall County, Nebraska and more
particularly described as follows:
Utility Easement
Commencing at the northwest comer of Lot 2, Block 1 of said Dickey
Subdivision, said point being on the east Right-Of-Way (RO. W.) line ofD.S.
Highway #281; thence on an assumed bearing of SOoo29'32"W along the west
line of said Lots 1 and 2 a distance of 471.69 feet to the Point of Beginning;
thence S88033'03"E a distance of 176.69 feet; thence N66024'30"E a distance
of 9.84 feet to a point on the east line of said Lot 1; said line also being the
west RO.W.line ofSt. Patrick Avenue; thence SOooI6'58"W along said east
line of Lot 1 a distance of 17.00 feet to the southeast comer of said Lot 2, said
comer also being the point of intersection of the west R.O.W. line of St.
Patrick Avenue and the north R.O.W. line of Capital Avenue; thence
N89000'48"W along the south line of said Lot 1 a distance of 185.72 feet to the
southwest comer of said Lot 1, said comer also being the point of intersection
of the north RO.W. line of Capital Avenue and the east R.O.W. line ofD.S.
Highway #281; thence NOoo29'32"E along the west line of said Lot 1 a
distance of 14.33 Feet to the point of beginning. Said Public Utility and Walk
Easement contains 2541.15 square feet or 0.058 acres more or less.
20 A Public Utility and Trail Easement consisting of part of an unplatted tract of
land recorded as Instrument Number 04-11617, Hall County Register of Deeds,
Gordman Grand located in the Northeast Quarter of the Northeast Quarter (NEl/4, NEl/4) of
Island, L.L. C. Section 12, Township 11 North, Range 10 West ofthe 6th P.M., City of Grand
Island, Hall County, Nebraska and more particularly described as follows:
Utility Easement Commencing at the northwest comer of Lot 2 of Grand Island Plaza
Subdivision, City of Grand Island, Hall County, Nebraska, said point being on
the east Right-Of-Way (RO.W.) line ofD.S. Highway #281; thence on an
assumed bearing of NOoo18'43"E along said east RO.W. line a distance of
135.61 feet to the Point of Beginning; thence continuing NOOOI8'43"E along
said east RO.W. line a distance of 17.19 feet; thence S89000'48"E a distance
of 199.94 feet to a point on the west line of Lot 3 of said Grand Island Plaza
Subdivision; thence SOoo20'08"W along the west line of said Lot 3 a distance
of 11.28 feet; thence S89017'39"W a distance of 199.96 feet to the point of
beginning. Said Public Utility and Trail Easement contains 2845.58 square feet
or 0.065 acres more or less.
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21
A Public Utility and Trail Easement consisting of part of Lot 3 of Grand Island
Plaza Subdivision, located in the Northeast Quarter of the Northeast Quarter
(NE1I4, NE1I4) of Section 12, Township 11 North, Range 10 West of the 6th
P.M., City of Grand Island, Hall County, Nebraska and more particularly
described as follows:
Gordman Grand
Island, L.L.c.
Utility Easement
Commencing at the southwest comer of said Lot 3; thence on an assumed
bearing ofNOoo20'08"E along the west line of said Lot 3 a distance of 141.68
feet to the Point of Beginning; thence continuing N00020'08"E along said west
line a distance of 11.28 feet; thence S89001'35"E a distance of349.71 feet;
thence S32043'06"E a distance of 1.21 feet; thence S89017'39"W a distance of
350.41 feet to the point of beginning. Said Public Utility and Trail Easement
contains 2152.74 square feet or 0.049 acres more or less.
WHEREAS, the ownership to Tract No. 23 described in Resolution 2005-196 has
changed to Northwest Crossings L.L.C.; and
WHEREAS, Section 19-709, R.R.S. 1943, authorizes the City to appropriate private
property for use of the City for public facilities; and
WHEREAS, in the event the property authorized for acquisition herein and/or
authorized for acquisition in Resolution 2005-196 pertaining to the widening of Capital A venue from
the Moore's Creek Drainway east to Webb Road is unable to be resolved between the parties, it is
recommended that the City be authorized to pursue eminent domain proceedings for such
acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The City of Grand Island is hereby authorized to acquire a permanent utility easement
from Northwest Crossings L.L.C. on the above identified tract of land.
2. The City of Grand Island is hereby authorized to acquire permanent utility easements
and/or right of way with respect to the corrected legal descriptions outlined above.
3. The City of Grand Island is hereby authorized to acquire Tract No. 23 described in
Resolution 2005-196 from its new owner, Northwest Crossings L.L.c.
4. In the event the acquisition of the above-described property, and the property
identified and authorized for acquisition pursuant to Resolution 2005-196, cannot be successfully
negotiated, that the City Attorney is hereby authorized and directed to commence condemnation
proceedings on behalf of the City of Grand Island to acquire it for the Capital Avenue widening
project.
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Adopted by the City Council ofthe City of Grand Island, Nebraska, June 13, 2006.
Attest:
Rof\eu- ffiw~
RaNae Edwards, City Clerk
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