11/14/2006 Resolutions 2006-334
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RES 0 L UTI 0 N 2006-334
WHEREAS, a permanent utility and sidewalk easement as well as a temporary
construction easement is required by the City of Grand Island from Poland Oil, Inc., along the
property at 3428 West Capital 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 a permanent utility and sidewalk easement as well as a
temporary construction easement along a tract of land consisting of Lot One (1), Block One (1),
Dickey 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 a permanent utility and sidewalk easement as
well as a temporary construction easement, 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 a permanent
utility and sidewalk easement as well as a temporary construction easement 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 a permanent utility
and sidewalk easement as well as a temporary construction easement as described in Exhibit "A"
attached hereto from Poland Oil, Inc.
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, Nebraska, November 14, 2006
Attest:
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RaNae Edwards, City Clerk
Approved as to Form t:l ~
November 13, 2006 t:l City Attorney
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Exhibit "A"
Acquisition of Property along the North Side of Capital Avenue
3428 W Capital Avenue
(Poland Oil, Inc. / a.k.a. Sapp Bros)
: TRACT 5 A PUBLIC UTILITY AND SIDEWALK EASEMENT !
CONSISTING OF PART OF LOT 1, BLOCK 1 OF DICKEY
PERMANENT SUBDIVISION LOCATED IN THE SOUTHEAST QUARTER OF
EASEMENT THE SOUTHEAST QUARTER (SE1I4, SE1I4) 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:
COMMENCING AT THE NORTHWEST CORNER OF LOT 2,
BLOCK 1 OF SAID DICKEY SUBDIVISION, SAID POINT
BEING ON THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF U.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 R.O.W. LINE OF ST. PATRICK AVENUE; THENCE
SOooI6'58"W ALONG SAID EAST LINE OF LOT 1 A DISTANCE
OF 17.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2,
SAID CORNER ALSO BEING THE POINT OF INTERSECTION
OF THE WEST R.O. W. LINE OF ST. PATRICK A VENUE 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 CORNER OF
SAID LOT 1, SAID CORNER ALSO BEING THE POINT OF
INTERSECTION OF THE NORTH R.O.W. LINE OF CAPITAL
AVENUE AND THE EAST R.O.W. LINE OF U.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.
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TRACTS
TEMPORARY
EASEMENT
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A TEMPORARY CONSTRUCTION EASEMENT CONSISTING
OF PART OF LOT 1, BLOCK 1 OF DICKEY SUBDIVISION,
LOCA TED IN THE SOUTHEAST 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:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT
1; THENCE ON AN ASSUMED BEARING OF NOoo29'32"E
ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE OF
14.33 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING NOoo29'32"E ALONG SAID WEST LINE A
DISTANCE OF 10.00 FEET; THENCE S88033'03"E A DISTANCE
OF 149.65 FEET; THENCE NOooI6'58"E A DISTANCE OF 35.38
FEET; THENCE S89000'48"E A DISTANCE OF 21.50 FEET;
THENCE NOooI6'58"E A DISTANCE OF 101.36 FEET; THENCE
S89043'02"E A DISTANCE OF 14.50 FEET TO A POINT ON THE
EAST LINE OF SAID LOT 1; THENCE SOooI6'58"W ALONG
SAID EAST LINE A DISTANCE OF 143.04 FEET; THENCE
S66024'30"W A DISTANCE OF 9.84 FEET; THENCE
N88033'03"W A DISTANCE OF 176.69 FEET TO THE POINT OF
BEGINNING. SAID TEMPORARY CONSTRUCTION
EASEMENT CONTAINS 4587.82 SQUARE FEET OR 0.105
ACRES MORE OR LESS.
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