11/14/2006 Resolutions 2006-333
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RES 0 L UTI 0 N 2006-333
WHEREAS, a Public Street Right-of-Way and temporary construction easements are
required by the City of Grand Island from Robert D. Hancock and Patricia 1. Hancock, husband and
wife, along the property at 3426 West Capital Avenue for the widening of Capital A venue 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 ofland consisting of Lots One (1), Two (2), Three (3) and Four (4) in Bels
Second Subdivision in the City of Grand Island, Hall County, Nebraska
WHEREAS, although city officials continue to negotiate with the affected
property owners 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
Robert D. Hancock and Patricia J. Hancock.
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 ofthe
City of Grand Island to acquire such property.
Adopted by the City Council of the City of Grand Island, Nebras
Attest:
Qo.l')(t~ tQ~~
RaNae Edwards, City Clerk
Approved as to Form C
November 13, 2006
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Exhibit "A"
Acquisition of Property along the North Side of Capital Avenue
3426 W Capital A venue
(Robert D. Hancock and Patricia 1. Hancock)
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TRACT 6 i
A TRACT OF LAND CONSISTING OF PART OF LOT I,
BELS SUBDIVISION, LOCATED IN THE SOUTHEAST
RIGHT-OF-WAY QUARTER OF THE SOUTHEAST QUARTER (SEl/4,SEl/4)
OF SECTION 1, TOWNSHIP I I 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 1, BELS SUBDIVISION, SAID POINT ALSO BEING
THE POINT OF INTERSECTION OF THE NORTH RIGHT-
OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE AND THE
EAST R.O.W. LINE OF S1. PATRICK AVENUE AND THE
POINT OF BEGINNING; THENCE ON AN ASSUMED
BEARING OF NOo020'53"E ALONG THE WEST LINE OF
SAID LOT I A DISTANCE OF 10.00 FEET; THENCE
S44019'51 "E A DISTANCE OF 14.22 FEET TO A POINT ON
THE SOUTH LINE OF SAID LOT 1, SAID LINE ALSO
BEING THE NORTH R.O.W. LINE OF CAPITAL A VENUE;
THENCE N89000'34"W ALONG THE SOUTH LINE OF SAID
LOT 1 A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING. SAID TRACT CONTAINS 50.00 SQUARE
I FEET OR 0.001 ACRES MORE OR LESS.
TRACT 6 A TEMPORARY CONSTRUCTION EASEMENT
CONSISTING OF PART OF LOTS 1,2 AND 3 OF BELS
TEMPORARY SECOND SUBDIVISION, LOCATED IN THE SOUTHEAST
EASEMENT QUARTER OF THE SOUTHEAST 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:
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COMMENCING AT THE SOUTHWEST CORNER OF SAID I
LOT 1; THENCE ON AN ASSUMED BEARING OF
NOo020'53"E ALONG THE WEST LINE OF SAID LOT I A
DIST ANCE OF 10.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NOoo20'53"E ALONG SAID EAST
LINE A DISTANCE OF 98.26 FEET; THENCE S89000'34"E A
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DISTANCE OF 10.00 FEET; THENCE SOoo20'53"W A
DISTANCE OF 93.26 FEET; THENCE S89000'34"E A
DISTANCE OF 138.86 FEET TO A POINT ON THE EAST
LINE OF SAID LOT 3; THENCE SOoo22'46"W ALONG SAID
EAST LINE A DISTANCE OF 15.00 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 3; THENCE
N89000'34"W ALONG THE SOUTH LINE OF SAID LOTS 1,2
AND 3 A DISTANCE OF 138.86 FEET; THENCE
N44019'51"W A DISTANCE OF 14.22 FEET TO THE POINT
OF BEGINNING. SAID TEMPORARY CONSTRUCTION
EASEMENT CONTAINS 3115.51 SQUARE FEET OR 0.072
ACRES MORE OR LESS.
TRACT 7 A TEMPORARY CONSTRUCTION EASEMENT
I CONSISTING OF PART OF LOT 4 OF BELS SECOND
TEMPORARY SUBDIVISION, LOCATED IN THE SOUTHEAST QUARTER
EASEMENT OF THE SOUTHEAST 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 P ARTICULARL Y DESCRIBED AS
FOLLOWS:
THE SOUTH 15.00 FEET OF SAID LOT 4. SAID
TEMPORARY CONSTRUCTION EASEMENT CONTAINS
749.42 SQUARE FEET OR 0.017 ACRES MORE OR LESS.
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