11/14/2006 Resolutions 2006-332
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RES 0 L UTI 0 N 2006-332
WHEREAS, a Public Street Right-of-Way and temporary construction easements are
required by the City of Grand Island from John R. Menard, along the property at 2490 Carleton
Avenue, 2449 Carleton Avenue, and 2485 North Diers Avenue for the widening of Capital Avenue
from the Moores Creek Drainway to Webb Road; and
WHEREAS, a public hearing was held on November 14, 2006, for the purpose of
discussing the proposed acquisition of Public Street Right-of-Way and temporary construction
easements along a tract of land consisting of Lots Two (2), Three (3), and Six (6) in Menards
Second Subdivision in the City of Grand Island, Hall County, Nebraska.
WHEREAS, although city officials continue to negotiate with the affected
property owner for the acquisition of such property for Public Street Right-of-Way and
temporary construction easements, negotiations have not been successful; and
WHEREAS, it is recommended that the City Attorney be authorized to commence
condemnation proceedings on behalf of the City of Grand Island for acquisition of Public Street
Right-of- Way and temporary construction easements as described in Exhibit "A" for this project
if such acquisition cannot be successfully negotiated; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The City of Grand Island be, and hereby is, authorized to acquire Public Street Right-
of- Way and temporary construction easements as described in Exhibit "A" attached hereto from
John R. Menard.
2. If successful negotiations for the acquisition of property are not possible, the City
Attorney is hereby authorized and directed to commence condemnation proceedings on behalf of the
City of Grand Island to acquire such property.
Attest:
DJllV rn~
RaNae Edwards, City Clerk
Approved as to Form
November 13, 2006
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Exhibit "A"
Acquisition of Property along the South Side of Capital A venue
2490 Carleton Avenue, 2449 Carleton Avenue and 2485 N Diers Avenue
(John R Menard)
TRACT 16 A TRACT OF LAND CONSISTING OF PART OF LOT 2, MENARD
SECOND SUBDIVISION, LOCATED IN THE NORTHWEST
RIGHT-OF-WAY QUARTER OF THE NORTHEAST QUARTER (NW1/4,NE1/4) 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:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2,
SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY (RO.W.) LINE
OF CAPITAL A VENUE AND THE POINT OF BEGINNING; THENCE
ON AN ASSUMED BEARING OF S89000'53"E ALONG THE NORTH
LINE OF SAID LOT 2 A DISTANCE OF 229.36 FEET TO A
NORTHEASTERLY CORNER OF SAID LOT 2, SAID POINT ALSO
BEING THE POINT OF INTERSECTION OF THE SOUTH RO.W. LINE
OF CAPITAL A VENUE AND THE WEST RO.W. LINE OF
CARLETON AVENUE; THENCE S41018'54"E ALONG THE
NORTHEAST LINE OF SAID LOT 2 A DISTANCE OF 28.11 FEET TO
A NORTHEASTERLY CORNER OF SAID LOT 2; THENCE
N64057'47"W A DISTANCE OF 36.36 FEET; THENCE N89001'29"W A
DIST ANCE OF 122.48 FEET; THENCE N850 18'49"W A DISTANCE OF
92.78 FEET TO THE POINT OF BEGINNING. SAID TRACT
CONTAINS 1257.11 SQUARE FEET OR 0.029 ACRES MORE OR
LESS.
TRACT 16 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF
PART OF LOT 2 OF MENARD SECOND SUBDIVISION, LOCATED IN
TEMPORARY THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER
EASEMENT (NWl/4, NEl/4) OF SECTION 12, T11N, R10W OF THE 6TH P.M.,
CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND
MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2;
THENCE ON AN ASSUMED BEARING OF NOo015'16"E ALONG THE
WEST LINE OF SAID LOT 2 A DISTANCE OF 204.00 FEET TO THE
I POINT OF BEGINNING; THENCE CONTINUING NOo015'16"E ALONG
SAID WEST LINE A DISTANCE OF 21.01 FEET TO THE
NORTHWEST CORNER OF SAID LOT 2; THENCE S85018'49"E A
DISTANCE OF 92.78 FEET; THENCE S89001 '29"E A DISTANCE OF
122.48 FEET; THENCE S64057'47"E A DISTANCE OF 36.36 FEET TO
A POINT ON THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF
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CARLETON A VENUE; THENCE SOoo15'07"W ALONG SAID WEST
R.O.W. LINE A DISTANCE OF 0.17 FEET; THENCE N89001'29"W A
DISTANCE OF 248.01 FEET TO THE POINT OF BEGINNING. SAID
TEMPORARY CONSTRUCTION EASEMENT CONTAINS 3753.16
SQUARE FEET OR 0.086 ACRES MORE LESS.
TRACT 17 A TRACT OF LAND CONSISTING OF PART OF LOT 3, MENARD
SECOND SUBDIVISION LOCATED IN THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER (NWl/4, NEl/4) OF SECTION 12,
RIGHT-OF-WAY TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY
OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A NORTHEASTERLY CORNER OF LOT 6 OF
SAID MENARD SECOND SUBDIVISION, SAID POINT BEING ON
THE SOUTH RIGHT-OF-WAY (RO.W.) LINE OF CAPITAL AVENUE;
THENCE ON AN ASSUMED BEARING OF N89000'53 "W ALONG
SAID SOUTH RO.W. LINE A DISTANCE OF 637.47 FEET TO THE
NORTHEAST CORNER OF SAID LOT 3, SAID POINT ALSO BEING
THE POINT OF BEGINNING; THENCE SOooI9'09"W ALONG THE
EAST LINE OF SAID LOT 3 A DISTANCE OF 10.05 FEET; THENCE
N86003'59''W A DISTANCE OF 56.05 FEET; THENCE N88021'33"W A
DISTANCE OF 38.71 FEET; THENCE Sno23'29"W A DISTANCE OF
29.29 FEET; THENCE S20007'11 "W A DISTANCE OF 23.22 FEET TO A
POINT ON THE WEST LINE OF SAID LOT 3, SAID LINE ALSO
BEING THE EAST R.O. W. LINE OF CARLETON A VENUE; THENCE
NOOo 15'20"E ALONG THE WEST LINE OF SAID LOT 3 A DISTANCE
OF 16.21 FEET TO A NORTHWESTERLY CORNER OF SAID LOT 3;
THENCE N42039'21"E ALONG THE NORTHWEST LINE OF SAID
LOT 3 A DISTANCE OF 29.17 FEET TO A NORTHWESTERLY
CORNER OF SAID LOT 3, SAID CORNER ALSO BEING THE POINT
OF INTERSECTION OF THE EAST RO.W. LINE OF CARLETON
A VENUE AND THE SOUTH RO.W. LINE OF CAPITAL A VENUE;
THENCE S89000'53"E ALONG THE NORTH LINE OF SAID LOT 3 A
DISTANCE OF 110.75 FEET TO THE POINT OF BEGINNING. SAID
TRACT CONTAINS 1066.63 SQUARE FEET OR 0.024 ACRES MORE
OR LESS.
TRACT 17 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF
, PART OF LOT 3 OF MENARD SECOND SUBDIVISION, LOCATED IN
TEMPORARY THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
EASEMENT (SWl/4, SEl/4) 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:
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COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3,
THENCE ON AN ASSUMED BEARING OF SOoo19'09"W ALONG THE
EAST LINE OF SAID LOT 3 A DISTANCE OF 10.05 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING SOOo 19'09"W
ALONG SAID EAST LINE A DISTANCE OF 12.76 FEET; THENCE
N88021'33"W A DISTANCE OF 92.47 FEET; THENCE S72023'29"W A
DISTANCE OF 26.74 FEET; THENCE S59003'23"W A DISTANCE OF
14.61 FEET TO A POINT ON THE WEST LINE OF SAID LOT 3;
THENCE N20007'11 "E A DISTANCE OF 23.22 FEET; THENCE
N72023'29"E A DISTANCE OF 29.29 FEET; THENCE S88021'33"E A
DISTANCE OF 38.71 FEET; THENCE S86003'59"E A DISTANCE OF
56.05 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY
CONSTRUCTION EASEMENT CONTAINS 1867.52 SQUARE FEET
OR 0.043 ACRES MORE OR LESS.
TRACT 19
A TRACT OF LAND CONSISTING OF PART OF LOT 6, MENARD
RIGHT-OF-WAY SECOND SUBDIVISION, LOCATED IN THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER (NWl/4, NEl/4) 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:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 6,
SAID POINT ALSO BEING ON THE EAST RIGHT-OF-WAY (R.O.W.)
LINE OF DIERS A VENUE AND THE POINT OF BEGINNING;
THENCE ON AN ASSUMED BEARING OF NOo020'26"E ALONG THE
WEST LINE OF SAID LOT 6 A DISTANCE OF 227.10 FEET TO A I
NORTHWESTERL Y CORNER OF SAID LOT 6; THENCE N38052'23"E
ALONG THE NORTHWEST LINE OF SAID LOT 6 A DISTANCE OF
27.85 FEET TO A NORTHWESTERLY CORNER OF SAID LOT 6,
SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE
EAST R.O.W. LINE OF DIERS A VENUE AND THE SOUTH R.O.W.
LINE OF CAPITAL A VENUE; THENCE S89000'53"E ALONG THE
NORTH LINE OF SAID LOT 6 A DISTANCE OF 190.09 FEET TO A
NORTHEASTERL Y CORNER OF SAID LOT 6; THENCE S39009'42"E I
ALONG THE NORTHEAST LINE OF SAID LOT 6 A DISTANCE OF
48.99 FEET; THENCE N89003'22"W A DISTANCE OF 211.60 FEET;
THENCE S46042'02"W A DISTANCE OF 23.49 FEET; THENCE
SOo020'26"W A DISTANCE OF 195.05 FEET TO A POINT ON THE
SOUTH LINE OF SAID LOT 6; THENCE N89010'32"W ALONG SAID
SOUTH LINE A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING. SAID TRACT CONTAINS 10434.79 SQUARE FEET OR
0.240 ACRES MORE OR LESS.
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TRACT 19
TEMPORARY
EASEMENT
A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF
PART OF LOT 6 OF MENARD SECOND SUBDIVISION, LOCATED IN
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
(SW1I4, SE1I4) 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:
COMMENCING AT SOUTHWEST CORNER OF SAID LOT 6;
THENCE ON AN ASSUMED BEARING OF S89011'04"E ALONG THE
SOUTH LINE OF SAID LOT 6 A DISTANCE OF 10.00 FEET TO THE
POINT OF BEGINNING; THENCE NOoo20'26"E A DISTANCE OF
195.05 FEET; THENCE N46042'02"E A DISTANCE OF 23.49 FEET;
THENCE S89003'22"E A DISTANCE OF 211.60 FEET TO A POINT ON
THE NORTHEAST LINE OF SAID LOT 6; THENCE S39009'42"E
ALONG SAID NORTHEAST LINE A DISTANCE OF 19.61 FEET;
THENCE N89003'22"W A DISTANCE OF 231.08 FEET; THENCE
SOoo20'26"W A DISTANCE OF 196.41 FEET TO A POINT ON THE
SOUTH LINE OF SAID LOT 6; THENCE N89011'04"W ALONG SAID
SOUTH LINE A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT
CONTAINS 5347.50 SQUARE FEET OR 0.123 ACRES MORE OR
LESS.
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