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02/12/2008 Resolutions 2008-49RESOLUTION 2008-49 WHEREAS, a temporary construction easement is required by the City of Grand Island, from Westgate Properties, LLC, a Nebraska corporation, to construct Water Main Project 2008-W-4 on such property comprising a part of Lot Two (2) Crane Valley Fourth Subdivision in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the Northwest Corner of Lot Four (4) Crane Valley Fourth Subdivision, also being a corner of Lot Two (2) Crane Valley Fourth Subdivision; thence southerly along an Easterly Line of said Lot Two (2), a distance of Twenty (20.0) feet to the actual Point of Beginning; thence continuing Southerly along the Easterly Line of said Lot Two (2), a distance of Ten (10.0) feet; thence Westerly, parallel with the Northerly Line of said Lot Two (2), a distance of One Hundred Forty and Twenty Four Hundredths (140.24) feet; thence Northerly, parallel with the Easterly Line of said Lot Two (2), a distance of Seventy Four and Seventy Seven Hundredths (74.77) Feet to a point on the Southerly Line of a platted easement being Twenty (20.0) feet South of the Northerly Line of said Lot Two; thence Easterly, along the Southerly Line of the said plated easement, a distance of Seventy Five (75.0) feet; thence Southerly, along the westerly line of a platted easement, being twenty (20.0) feet Westerly of an Easterly Line of said Lot Two (2), a distance of Sixty Four and Seventy Seven Hundredths (64.77) feet; thence Easterly, along the Southerly Line of a platted easement, being Twenty (20.0) feet South of the Northerly Line of said Lot Two (2), a distance of Sixty Five and Twenty Four Hundredths (65.24) feet to the said Point of Beginning WHEREAS, top soil will need to be moved from the construction area in preparation of the installation of water mains and appurtenances, and replaced and restored after the construction is complete; and WHEREAS, an Agreement for Temporary Construction Occupancy has been reviewed and approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into an Agreement for Temporary Construction Occupancy with Westgate Properties, LLC, a Nebraska corporation, on the above-described tract of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. Margare Hornady, Mayor Approved as to Form c February 11, 2008 n City Attorney Attest: RaNae Edwards, City Clerk 1