01/10/2012 Ordinances 9356ORDINANCE NO. 9356
An ordinance directing and authorizing the sale of six (6) separate parcels of real
estate to the BNSF Railway Company, providing for temporary construction easements for those
parcels, providing for the giving of notice of such conveyance and the terms thereof; providing
for the right to file remonstrances against such conveyances; and providing for the publication
and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION l. The City of Grand Island will convey to the BNSF Railway
Company and provide temporary construction easements for six (6) separate tracts of real estate
legally described as follows:
A. A tract of land located in the Northeast Quarter of the Southeast Quarter (NE '/, SE %) of
Section One (10, Township Eleven (11) North, Range Ten (10) West of the Sixth Principal
Meridian (6th P.M.), City of Grand Island, Hall County, Nebraska, more particularly
described as follows:
Commencing at the East Quarter corner of said Section One (1); thence on an assumed
bearing of South 88°55'30" West, a distance of Thirty-Nine and Eighty Hundredths (39.80)
feet to a point on the Westerly Right-of-Way line of North Webb Road; thence South
O1 °23'00" East along said Right-of-Way line, a distance of Eighty-Seven and Thirty
Hundredths (87.30) feet to the Point of Beginning; thence South Ol °23'00" East. a distance
of Fifty-Two and Twenty-Five Hundredths (52.25) feet to a point on the
Northerly Right-of-Way line of the BNSF Railroad; thence North 74°58'20" West along
said BNSF Railroad Right-of-Way line, a distance of Five Hundred, Seven and Seventy
Hundredths (507.70) feet; thence North 89°04'30" East, a distance of One Hundred, Eighty-
Two and Eight Hundredths (182.08) feet; thence South 74°59' 10" East, a distance of Three
Hundred, Seventeen and Eighty-Eight (317.88) feet to the Point of Beginning.
Together with and subject to covenants, easement and restrictions of record.
Said tract of land contains 0.48 acres more or less.
B. A tract of land located in Lots Seventy-Six (76), Ninety-Nine (99), One Hundred (100), and
One Hundred and One (101), Industrial Addition to the City of Grand Island, Section
Fourteen (14), Township Eleven (11) North, Range Nine (9) West of the Sixth Principal
Meridian (6th P.M.), City of Grand Island, Hall County, Nebraska, more particularly
described as follows:
Approved as to Form Q
January 9, 2012 A City rney
ORDINANCE NO. 9356 (Cont.)
Commencing at the West Quarter corner of said Section Fourteen (14); thence on an
assumed bearing of South 00°58'S0" East along the West line of the Northwest Quarter of
the Southwest Quarter (NW %, SW '/), a distance of Seven Hundred, Eighty-Five and Sixty-
Five Hundredths (785.65) feet to a point on the Southerly Right-of-Way line of the BNSF
Railroad also being the Point of Beginning; thence South 63°06'00" East along the existing
Southerly Right-of-Way line of the BNSF Railroad, a distance of Thirty-Seven and Thirty-
Three Hundredths (37.33) feet to the East Right-of-Way line of South Stuhr Road; thence
South 63°06'00" East along the existing Southerly Right-of-Way line of the BNSF Railroad,
a distance of One thousand, One Hundred, Twenty-Three and Fifty-Four Hundredths
(1,123.54) feet to a point on the South line of the Northwest Quarter of the Southwest
Quarter (NW '/, SW '/) of said Section Fourteen (14); thence South 89°31'S0" West
continuing along said line a distance of Fifty-Seven and Sixty Hundredths (57.60) feet;
thence North 63°06'00" West, a distance of Two Hundred, Sixteen and Sixty-Four
Hundredths (216.64) feet; thence North 26°54'00" East, a distance of Three and Fifty-Nine
Hundredths (3.59) feet; thence North 63°06'00" West, a distance of Eight Hundred, Forty-
Three and Sixty-Three Hundredths (843.63) feet to a point on the Easterly Right-of-Way line
of South Stuhr Road; thence North 63°06'00" West a distance of Thirty-Seven and Thirty-
Three Hundredths (37.33) feet to a point on the West line of the Northwest Quarter of the
Southwest Quarter (NW '/, SW I/) of said Section Fourteen (14); thence North 00°58'S0"
West along said section line, a distance of Twenty-Five and Ninety Hundredths (25.90) feet
to the Point of Beginning.
Together with and subject to covenants, easement and restrictions of record.
Said tract of land contains 0.61 acres more or less.
C. A tract of land located in Lot Ninety-Nine (99), Industrial Addition to the City of Grand
Island, and the Southwest Quarter of the Southwest Quarter (SW '/, SW '/) of Section
Fourteen (14), Township Eleven (11) North, Range Nine (9) West of the Sixth Principal
Meridian (6th P.M.), City of Grand Island, Hall County, Nebraska, more particularly
described as follows:
Commencing at the Southeast corner of the Southwest Quarter of the Southwest Quarter (SW
%, SW '/) of said Section Fourteen (14); thence on an assumed bearing of North 00°56'21"
West along the East line of the Southwest Quarter of the Southwest Quarter (SW '/, SW '/),
a distance of One Thousand, One Hundred, Thirty-Eight and Four Hundredths (1,138.04) feet
to the Point of Beginning; thence North 63°OS'S7" West, a distance of Three Hundred,
Ninety-Eight and Forty-Two Hundredths (398.42) feet to a point on the North line of the
Southwest Quarter of the Southwest Quarter (SW '/, SW '/) of said Section Fourteen (14);
thence North 89°31'S0" East along said line, a distance of Fifty-Seven and Sixty Hundredths
(57.60) feet to a point on the southerly Right-of-Way line of the BNSF Railroad; thence
South 63°OS'S7" East along said Right-of-Way line, a distance of Three Hundred, Thirty-
Three and Twenty-Nine Hundredths (333.29) feet to a point on the East line of the Southwest
Quarter of the Southwest Quarter (SW '/, SW '/); thence South 00°56'21" East along said
line, a distance of Twenty-Nine and Ninety-Four Hundredths (29.94) feet to the Point of
Beginning.
Together with and subject to covenants, easement and restrictions of record.
Said tract of land contains 0.22 acres more or less.
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ORDINANCE NO. 9356 (Cont.)
D. A tract of land located in Lots One Hundred and Two (102), One Hundred and Nine (109),
One Hundred and Ten (110), One Hundred and Twelve (112), One Hundred and Thirteen
(113), and One Hundred and Fourteen (114), Industrial Addition to the City of Grand Island,
Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West of the Sixth
Principal Meridian (6`h P.M.), City of Grand Island, Hall County, Nebraska, more
particularly described as follows:
Commencing at the Southwest corner of the Southeast Quarter of the Southwest Quarter (SE
'/, SW '/) of said Section Fourteen (14); thence on an assumed bearing of North 00°56'21"
West along the West line of the Southeast Quarter of the Southwest Quarter (SE '/, SW '/), a
distance of One Thousand, One Hundred, Thirty-Eight and Four Hundredths (1,138.04) feet
to the Point of Beginning; thence North 00°56'21" West continuing along said West line, a
distance of Twenty-Nine and Ninety-Four Hundredths (29.94) feet to a point on the
Southerly Right-of-Way line of the BNSF Railroad; thence South 63°OS'S7" East along said
Right-of-Way line, a distance of One Thousand, Four Hundred, Ninety-Two and Fifty-Five
Hundredths (1,492.55) feet to a point of the East line of the Southeast Quarter of the
Southwest Quarter (SE '/, SW '/); thence South 63°OS'S7" East, a distance of One
Thousand, Ninety-Seven and Seventy-Eight Hundredths (1,097.78) feet to the North Right-
of-Way line of East Bismark Road; thence South 63°OS'S7" East, a distance of Eighty and
Fifty-Three Hundredths (80.53) feet to a point on the South line of the Southwest Quarter of
the Southeast Quarter (SW '/, SE'/); thence North 87°17'30" West along said South line, a
distance of One Hundred, Twenty-Two and One Hundredth (122.01) feet; thence North
63°06'00" West, a distance of Eighty and Fifty-Three Hundredths (80.53) feet to a point on
the North Right-of-Way line of East Bismark Road; thence North 63°06'00" West, a distance
of One Hundred, Twenty-Four and Three Hundredths (124.03) feet; thence North 26°55'S0"
East, a distance of Thirty-Five and Twenty-Four Hundredths (35.24) feet; thence North
63°03'S0" West, a distance of One Hundred, Seven and Twenty-Seven Hundredths (107.27)
feet; thence South 27°00'30" West, a distance of Twenty (20.0) feet; thence North 63°04'00"
West, a distance of Seven Hundred, Thirty-Seven and Fourteen Hundredths (737.14) feet to a
point on the East line of the Southeast Quarter of the Southwest Quarter (SE '/, SW '/) of
said Section Fourteen (14); thence North 62°48'00" West, a distance of One Thousand, Four
Hundred, Ninety-Six and Sixty-Seven Hundredths (1,496.67) feet to the Point of Beginning.
Together with and subject to covenants, easement and restrictions of record.
Said tract of land contains 1.97 acres more or less.
E. A tract of land located in the North Half (N %2) of Section Fifteen (15), Township Eleven
(11) North, Range Nine (9) West of the Sixth Principal Meridian (6th P.M.), City of Grand
Island, Hall County, Nebraska, more particularly described as follows:
Commencing at the East Quarter corner of said Section Fifteen (15); thence on an assumed
bearing of South 89°41' 12" West along the South line of said Section Fifteen (15), a distance
of One Thousand, Four Hundred, Ninety-Nine and Eighty-Six Hundredths (1,499.86) feet to
a point on the Southerly Right-of-Way line of the BNSF Railroad also being the Point of
Beginning; thence South 89°41' 12" West along said South line, a distance of Twenty-Three
and Fifty-Five Hundredths (23.55) feet; thence North 62°33'35" West, a distance of One
Thousand, Three Hundred, Thirty-Seven and Fifty-Nine Hundredths (1,337.59) feet; thence
on a curve to the right having a radius of Four Thousand, One Hundred, Thirty-Nine and
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ORDINANCE NO. 9356 (Cont.)
Eighty-Nine Hundredths (4,139.89) feet, an arc length of One Hundred, Eight and Ninety-
Eight Hundredths (108.98) feet being subtended by a chord of North 16°44'30" West, a
length of One Hundred, Eight and Ninety-Seven Hundredths (108.97) feet to a point on the
Southerly Right-of-Way line of the BNSF Railroad; thence South 59° 52' 40" East along said
Right-of-Way line, a distance of One Thousand, Four Hundred, Thirty-Five and Eighty-
Seven Hundredths (1,435.87) feet to the Point of Beginning.
Together with and subject to covenants, easement and restrictions. of record.
Said tract of land contains 1.40 acres more or less.
F. A portion of Lots Forty (40), Forty-One (41), and Seventy-Two (72), Industrial Addition to
the City of Grand Island, Section Fifteen (15), Township Eleven (11), Range Nine (9) West
of the Sixth Principal Meridian (6`h P.M.), City of Grand Island, Hall County, Nebraska,
more particularly described as follows:
Commencing at the East Quarter corner of said Section Fifteen (15); thence on an assumed
bearing of South 00°58'S0" East along the East line of the Southeast Quarter (SE '/), a
distance of Seven Hundred, Eighty-Five and Sixty-Seven Hundredths (785.67) feet to a point
on the Southerly Right-of-Way line of the BNSF Railroad also being the Point of Beginning,
thence South 00°58'S0" East continuing along said East line, a distance of Five and Twenty
Hundredths (5.20) feet; thence North 63°OS'OS" West, a distance of Forty-Five and Twenty-
Six Hundredths (45.26) feet to a point on the West Right-of-Way line of South Stuhr Road;
thence North 63°OS'OS" West, a distance of One Thousand, Fifty-Three and Sixty-Two
Hundredths (1,053.62) feet; thence North 63°OS'03" West, a distance of Two Hundred,
Ninety-Six and Eighty-Six Hundredths (296.86) feet; thence North 62°44'30" West, a
distance of Three Hundred, Twenty-Eight and Thirty-Five Hundredths (328.35) feet to a
point on the North line of the Southeast Quarter (SE '/); thence North 89°41' 12" East along
said North line, a distance of Twenty-Three and Fifty-Five Hundredths (23.55) feet to a point
on the existing BNSF Railroad Right-of-Way; thence South 61°38'40" East along said Right-
of-Way, a distance of Two Hundred, Fifty-Nine and Thirty-Six Hundredths (259.36) feet;
thence South 62°56'40" East, a distance of Six Hundred, Thirty-Five and Sixty-One
Hundredths (635.61) feet; thence South 63°04'46" East, a distance of Seven Hundred, Sixty
and Fifty-Six Hundredths (760.56) feet to a point on the West Right-of-Way line of South
Stuhr Road; thence South 63°04'46" East, a distance of Forty-Five and Twenty-Six
Hundredths (45.26) feet to the Point of Beginning.
Together with and subject to covenants, easement and restrictions of record.
Said tract of land contains 0.22 acres more or less.
SECTION 2. In consideration of One Hundred and Twenty Dollars ($120.00) and
other consideration as set forth in the Master Utility Relocation Agreement approved pursuant to
Resolution 2011-364, the City of Grand Island shall convey the real estate as listed above by
Warranty Deed and shall grant temporary construction easements to BNSF Railway Company
�
ORDINANCE NO. 9356 (Cont.)
pursuant to the terms and conditions of the Warranty Deeds and Temporary Construction
Easement agreements between the parties.
SECTION 3. As provided by law, notice of such conveyance and the terms
thereof shall be published for three (3) consecutive weeks in the Grand Island Independent, a
newspaper published for general circulation in the City of Grand Island. Immediately after the
passage and publication of this ordinance, the City Clerk is hereby directed and instructed to
prepare and publish said notice.
SECTION 4. Authority is hereby granted to the electors of the City of Grand
Island to file remonstrances against the conveyance of such within described real estate; and if a
remonstrance against such conveyance signed by registered voters of the City of Grand Island
equal or greater in number to thirty percent (30%) of the registered voters of the City of Grand
Island voting at the last regular municipal election held in such City be filed with the City
Council within thirty (30) days of passage and publication of such ordinance, said property shall
not then, nor within one (1) year thereafter, be conveyed.
SECTION 5. The conveyances of said real estate is hereby authorized, directed,
and confirmed; and if no remonstrance is filed against such conveyances, the Mayor shall make,
execute, and deliver to the BNSF Railway Company, Warranty Deeds for each parcel as
described above, and the execution of these Deeds is hereby authorized without further action on
behalf of the City Council.
SECTION 6. The Mayor shall make, execute, and deliver to the BNSF Railway
Company Temporary Construction Easements for each parcel as described above.
SECTION 7. The City Clerk is directed to file this ordinance in the Office of the
Register of Deeds of Hall County, Nebraska.
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ORDINANCE NO. 9356 (Cont.)
SECTION 8. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen (15) days in one (1) issue of the Grand Island
Independent as provided by law.
Enacted: January 10, 2012.
Attest:
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RaNae Edwards, City Clerk
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V��jficelc� Mayor
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