05/22/2012 Ordinances 9387ORDINANCE NO. 9387
An ordinance directing and authorizing the sale of a parcel of real estate to the
BNSF Railway Company, providing for a temporary construction easement for that parcel,
providing for the giving of notice of such conveyance and the terms thereof; providing for the
right to file a remonstrance against such conveyance; 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 a temporary construction easement for a tract of real estate legally
described as follows:
A tract of land located in the North Half (N1/2) of Section Fifteen (15), Township Eleven (11)
North, Range Nine (9) West of the 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 89° 41' 12" West along the South line of the North Half (N 1/2) 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 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 said
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.
Approved as to Form �
May21,2012 II City orney
ORDINANCE NO. 9387 (Cont.)
SECTION 2. In consideration of Twenty Dollars ($20.00) 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 a temporary construction easement to BNSF Railway Company
pursuant to the terms and conditions of the Warranty Deed and Temporary Construction
Easement agreement 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 a remonstrance 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 conveyance of said real estate is hereby authorized, directed,
and confirmed; and if no remonstrance is filed against such conveyance, the Mayor shall make,
execute, and deliver to the BNSF Railway Company, a Warranty Deed for the parcel as
described above, and the execution of that Deed is hereby authorized without further action on
behalf of the City Council.
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ORDINANCE NO. 9387 (Cont.)
SECTION 6. The Mayor shall make, execute, and deliver to the BNSF Railway
Company a Temporary Construction Easement for the 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.
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: May 22, 2012.
Attest:
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RaNae Edwards, City Clerk
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