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01/23/2007 Ordinances 9104~~ ~~t~ N ~ ~~ .~~ e ~~ B cn ~~ ~~ rn ?on~~ ~ S n D i O ^~ Z ~ ~ Z~ n~ ~ rn N y _ ' ~ I~ ~, O. C ~ " a a . y O ~! T A ~O ""r ~0 r * This Space Reserved for Register of Deeds '` ~ ~ rn r o `''~ -n ~ ~J m rn 0 :-.~ -.a ~_ 2 N s 3 ea F-+ 1~ n cn o -+ C D z -~ .~ m -~ o o ~ -*~ :~. = rn D w r ~ r n D O N O 0 O O to ca ~~ ORDINANCE NO. 9104 ~.J 0 An ordinance to vacate a portion of existing sixteen foot (16') wide easements and to provide for filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of existing sixteen foot (16') wide easements in the City of Grand Island, Ha11 County, Nebraska, more particularly described as follows: The North 8.0 feet of Lots Forty-two (42), Forty-three (43), Forty-four (44), Forty-five (45), Forty-six (46), Forty-seven (47), Forty-eight (48), Forty-nine (49), and Fifty (50), inclusive, and the South 8.0 feet Lots Fifty-one (51), Fifty- two (52), Fifty-three (53 ), Fifty-four (54), Fifty-five (55), Fifty-six (56), Fifty- seven (57), Fifty-eight (58), and Fifty-nine (59), inclusive, and the East 8.0 feet of Lot Fifty-five (55) and the West 8.0 feet of Lot Fifty-six (56), all in Grand Island Industrial Park West Subdivision, Hall County, Nebraska. AND The 16.0 foot electrical easement as described at Document No. 88-105953 and filed on November 4, 1988 in the Hall County Register of Deeds Office more particularly described as follows: Approved as to Form _ January 22, 2007 ~ City Attorney ,- ,._. _ t~. ORDINANCE NO. 9104 2 Q Q~ Q Q 5 9 Beginning at the Southwest corner of Lot Ten (10), said Grand Island Industrial Park West Subdivision; thence Westerly a distance of six hundred seventy one and forty-six hundredths (671.46) feet, to a point on a West side of said Lot Sixty- six (66), the above said point being four hundred (400.0) feet South of a Northwest corner of said Lot Sixty-six (66). AND That part of the 16.0 foot electrical easement as described at Document No. 88- 106305 and filed November 28, 1988 in the Hall County Register of Deeds Office which is located on the following described tract of land: A tract of land being part of the Southwest Quarter of the Northeast Quarter (SW1/4 NE1/4) of Section Twenty-Six (26), Township Eleven (11) North, Range Ten (10) West of the Sixth Principal Meridian, Hall County, Nebraska, with said tract of land being part of Vacated Lot 66, Grand Island Industrial Park West Subdivision, a subdivision to the City of Grand Island, Hall County, Nebraska, said tract of land being more particularly described as follows: Referring to the Southwest Corner of the Northeast Quarter of Section 26 and assuming the West line of the Northeast Quarter of said Section 26 as bearing N 00°1 1'28" E and all bearings contained herein are relative thereto; thence N 00°11'28" E and on the West line of the Northeast Quarter of said Section 26, a distance of 26.04 feet to the ACTUAL PLACE OF BEGINNING; thence continuing N 00°11'28" E and on the West line of the Northeast Quarter of said Section 26, a distance of 459.81 feet to the Southwesterly Corner of Lot 4 in said Grand Island Industrial Park West Subdivision; thence S 89°05'03" E and on the South line of said Lot 4 a distance of 667.96 feet to the Northwest Corner of Lot 10 of said Grand Island Industrial Park West Subdivision; thence S 00°16'52" E and on the West line of Lot 10 of said Grand Island Industrial Park West Subdivision (if extended Southerly) a distance of 459.75 feet to a point on the South line of Enterprise Avenue an avenue in the City of Grand Island, Hall County, Nebraska; thence N 89°05'44" W a distance of 671.95 feet to the place of beginning. is hereby vacated. Such easement to be vacated is shown and more particularly described on Exhibit A attached hereto. SECTION 2. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. -2- '` ~:~ ; ORDINANCE NO. 9104 2 O O 7 0 O 5 9 4 SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 23, 2007. 1 Attest: Q~.~ ~~ RaNae Edwards, City Clerk Margar t Hornady, Mayor ~~~ _,, io, `. _3_ ELECTP I C~,L ~ASF.MENT 200'700594 CHIEF INgi;ET1tIFS, IiNC. , a Delaware Cozpor-~tio;a, and CG{dTZI~TsNTAi. GRAT.Ir COA4PANY, a Delaware Corporatior.~, .and ~ks~'-~;:~~; State Of Neb~cas3ca, and EUGP.NB E. KIRKPATRICIC red JCAIiI i?CIRKPA'tRICY, husband and Wife. herein called the Grantor, in cansideration of Ore Dollar (S1.t~0 ,.receipt of which is hereby acknowledged., hereby granEs and conveys unto *. he CITY OF C~tA_~ ISLANID, NESR~,STKAA, a municipal corporation in :call County, Nebxaska, herein called the GTasteP:, a permanent. and perpetual easement and right-of-way to survey, construct, inspect, maintain, repair, replace, ext:-nd, remove, and operate thareon, overhead electrical utility lines, poles,. anchors, terminals, transformers, cables, conductors, surface markers, and other appurtenances connected therewith, in, upon, above, along, across, over, and through a part of Lot Six~y Six (66), Grand island Industrial Park West Subdivision, an Addition to the City of Grand Island, Nebraska; the Northerly line of the sixA:een (16.0) foot wide easement being more particularly described as follows: Beginning at the Southwest corner of Lot Ten (10), said. Grand Island Industrial Park West Subdivision; thence h'esterly a distance of six hundred seventy ane and forty- six hundredths (671.46) feet, to a point on a West side of said Lot Sixty Six (66), .the above said point being four Hundred (400.0) feet South of a Northwest corner of said Lot Sixty S?x (b6). The above described. easement tract containing 0.247 acre, more or less, as shown on the plat dated R/2/88, marked Exhibit "A", attached hereto, and incorporated harein by refezence, together with the following rights: Unrestricted ingress and egress to the above described easement for the installation, maintenance, operatics, and removal of such overhead electrical utility lines and appurtenances. Such rights of ingress and egress shall include all rights necessary for the full and complete use, occupation, and enjoyment of the easement herein granted including, but not limited to, the right to places electrical Line anchors, or anchors with guy wires a*_tached thereto, on the Grantor's property; and to remove, clear, and keep clear trees, bushes, hedges, undergrowth, and.. other abstractions ini•Prfering •,rith the surveying, construction, inspection, maintenance, repair, replacement, extension, removal, or operation of such overhead electrical utility lines and appurtenances. No structures, buildings, fences, or other obs~.ructions o.f any kind whatsoever, shall be allowed in, upon, above, along. acroQG; „ye.- ~~- - _, ~r ~,icvugh the easement herein granted. The parties hereto agree that the Grantor stay continue to use the easement area t:~.rein granted for any other use permitted by law, that does not interfere with the op~zration zed rnain~enance of the overhead electrical utility lines and appurtenances cortstructed thorain_ ,