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02/12/2008 Resolutions 2008-50 RESOLUTION 2008-50 WHEREAS, a public utility easement is required by the City of Grand Island, from Allen Phase III, LLC, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on February 12, 2008, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; more particularly described as follows: A utility easement located in Lot 1 and Lot 2, Meadowlark West Fifth Subdivision, in the City of Grand Island, Nebraska and more particularly described as follows: r ~~ Commencing at the Northeast Corner of Lot 2, Meadowlark West Fifth Subdivision; thence on an assumed bearing of N89°57'53"W on the North Line of said Lot 2 a distance of 25.00 feet to the West Line of an existing utility and drainage easement recorded as Instrument Number 200800587, filed January 24, 2008 at Hall County Register of Deeds, said point also being the point of beginning; thence S00°06' 10"W on said easement line and parallel with the East line of said Lot 2 a distance of 10.00 feet; thence N89°57'53 "W and parallel with the North line of said Lot 2 a distance of 26.44 feet; thence N00°06'10"E and parallel with the East line of said Lot 2 a distance of 10.00 feet to the North line of said Lot 2; thence continuing N00°06' 10"E a distance of 85.28 feet to the South line of an existing 20 feet utility easement recorded as Instrument Number 99-105894, filed June 10, 1999 at Hall County Register of Deeds, said utility easement line runs 10 feet South and parallel with the North line of old Lot 10, Meadowlark West Third Subdivision; thence N89°58'30"E on said existing utility easement line a distance of 26.44 feet to the West line of said existing utility and drainage easement recorded as Instrument Number 200800587, filed January 24, 2008 at Hall County Register of Deeds; thence S00°06' 10"W on said easement line a distance of 85.31 feet to the point of beginning. Said utility easement tract contains a calculated area of 2,520 square feet or 0.058 acres more or less. 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 acquire a public utility easement from Allen Phase III, LLC, on the above-described tract of land. Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. Attest: ~~~ ~~~~ RaNae Edwards, City Clerk Marg et Hornady, Mayor Approved as to Form o ~_ February 11, 2008 a CityAttorney 1 9 DES O J DD~~ ~gDl~s I 1~E ~Rl~ ~ 0 ~ 20' UTILITY EASEMENT -~- 20' INST. N0. 200206245 FILED JUNE 11, 2002 ~'-~ D" 50" 100" N SCALE IN FEET --- -~ 60' DRAINAGE EASE. BOOK 27, PAGE 113 FILED JULY 31, 1974 q 5~ oD~~sUBO~51p1~ ME ~R1~ Fo -UTILITY/DRAINAGE EASE. INST. N0. 200800587 FILED JAN. 24, 2008 20' UTILITY EASEMENT INST. N0. 200503233 FILED APRIL 13, 2005 -----o -~ N I _- _ 500'06'10"W I ~ I 85.31' 16' 16' UTILITY EASE V89'57'53"W~ i INST. NO. 95-10 FILED JAN. 23, 1 25.00' ENE CDR. LOT 2~ L_1 i ''P ESjly 30' PRIVATE CRIVE-~- 0~ 1(~ SIO & UTILITY EASEMENT pOO~V1-P~g01`~ INST. N0. 99-105894 r~E R1N 5 FILED JUNE 10, 1999 FOU ROADWAY EASEMENT INST. N0. 20050251? I 3C' ~~- 0~ ' ~ FILED MAR. 23, 2005 15' UTILITY EASEMENT INST. N0. 200206805 FILED JUNE 27, 2002 487. 8' o ~ ~ --- N -----j I~ -~--~,-- i~---- 20' UTILITY EASEMENT INST. N0. 200206245 FILED JUNE 11, 2002 I~ 20' UTILITY EASEMENT ~ 20''-+-- INST. N0. 99-105894 FILED JUNE 10, 1999 ~ I I c ~ ~~ LOT 1 I--.~I 25' MEADOWLARK WEST FIFTH SUBDIVISION NORTH LINE - OLD LOT 10, N89'58'30"E MEADOWLARK WEST THIRD SUBD. ~ - - - _ _ _ _ 26.44' O N - I Q _- _- - T 20' UTILITY EASEMEN N00'06'10"E ~ " W w INST: NO. 99-105894 85 28 . ~ FILED JUNE 10, 1999 c J J 1 OO' M O N00'O6'10"E~ ~ POINT OF BEGINNING NORTH LINE OF LOT 2, 10.00' I 500'06'10"W MEADOWLARK WEST FIFTH SUBD. N89'5T53"W ~ 10.00' oLA-~TE~~7 ;OBI 26.44' ~ 0 ~E1lj~itJ, R LOT 2 i ~ Ep. ~3 MEADOWLARK WEST FIFTH SUBDIVISION ~ N -r-I 25' UTILITY/DRAINAGE EASE. INST. N0. 200800587 UTILITY/DRAINAGE EASE. ~ FILED JAN. 24, 2008 INST. N0. 200800587 FILED JAN. 24, 2008 I-----------~_J i 440.40' b FA/DEFY A VENUE ~I ~- - - ~__ _ - - SECTION/R.0_W, LINE- i - _ EASEMENT DESCRIPTION A UTILITY EASEMENT LOCATED IN LOT 1 AND LOT 2, MEADOWLARK WEST FIFTH SUBDIVISION, IN MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE. CITY OF GRAND ISLAND, NEBRASKA AND COMMENCING AT THE NORTHEAST CORNER OF LOT 2, MEADOWLARK WEST FIFTH. SUBDIVISION; THENCE ON AN ASSUMED BEARING OF N89'S7'S3"W ON THE NORTH LINE OF SAID LOT 2 A DISTANCE OF 25.00 FEET TO THE WEST LINE OF AN EXISTING UTILITY AND DRAINAGE EASEMENT RECORDED AS INSTRUMENT NUMBER 200800587, FILED JANUARY 24, 2008 AT HALL COUNTY REGISTER OF DEEDS, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE 500'06'10"W ON SAID EASEMENT LINE AND PARALLEL WITH THE EAST LINE OF SAID LOT 2 A DISTANCE OF 10.00 FEET; THENCE N89'S7'53"W AND PARALLEL WITH THE NORTH LINE OF SAID LOT 2 A DISTANCE OF 26.44 FEET; THENCE N00'06'10"E AND PARALLEL WITH THE EAST LINE OF SAID LOT 2 A DISTANCE OF 10.00 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE CONTINUING N00'06'10"E A DISTANCE OF 85.28 FEET TO THE SOUTH LINE OF AN EXISTING 20 FEET UTILITY EASEMENT RECORDED AS INSTRUMENT NUMBER 99-105894, FILED JUNE 10, 1999 AT HALL COUNTY REGISTER OF DEEDS, SAID UTILITY EASEMENT LINE RUNS 10 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OF OLD LOT 10, MEADOWLARK WEST THIRD SUBDIVISION; THENCE N89'S8'30"E ON SAID EXISTING UTILITY EASEMENT LINE A DISTANCE OF 26.44 FEET TO THE WEST LINE OF SAID EXISTING UTILITY AND DRAINAGE EASEMENT RECORDED AS INSTRUMENT NUMBER 200800587, FILED JANUARY 24, 2008 AT HALL COUNTY REGISTER OF DEEDS; THENCE S00'06'10"W ON SAID EASEMENT LINE A DISTANCE OF 85.31 FEET TO THE POINT OF BEGINNING. SAID UTILITY EASEMENT TRACT CONTAINS A CALCULATED AREA OF 2,520 SQUARE FEET OR 0.058 ACRES MORE OR LESS. .~; PROJECT NO: 2003-1327 UTILITY EASEMENT 201 East 2nd street EXHIBIT - OLSSON P.O.Box,072 DRAWN BY: JDM LOTS 7 & 2, MEADOWLARKWESTSTH Grand Island, NE 68802-1072 -- TEL 308.384:8750 A Q DATE: 01/25!08 GRAND /SL;4N0, NE ASSOCIATES FAX 308.384.8752 /`1