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07/24/2012 Resolutions 2012-185 RESOLUTION 2012-185 WHEREAS;the City of Grand Island,Nebraska is the owner of THE SOUTHERLY TWO THOUSAND, SIX HUNDRED AND SEVEN(2,607)FEET OF THE EASTERN NINETY (90) FEET OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION TWELVE (12), TOWNSHIP ELEVEN(11)NORTH,RANGE TEN(10)WEST OF THE 6TH P.M.,CONTAINING 5.39 ACRES, MORE OR LESS, Hall County, Nebraska, and WHEREAS;said SOUTHERLY TWO THOUSAND,SIX HUNDRED AND SEVEN (2,607)FEET OF THE EASTERN NINETY(90)FEET OF THE NORTHWEST QUARTER(NW 1/4)OF SECTION TWELVE(12),TOWNSHIP ELEVEN(11)NORTH,RANGE TEN(10)WEST OF THE 6TH P.M.,CONTAINING 5.39 ACRES,MORE OR LESS,Hall County,Nebraska,is now being occupied by the City of Grand Island for the construction, operation and maintenance of the Moore's Creek Drainway outfall ditch, and WHEREAS; the City of Grand Island wishes to construct, operate and maintain a Hike/Bike Trail across a portion of said property, and WHEREAS;the Hike/Bike Trail is to be constructed as part of Nebraska Department of Roads project ENH-40(59), Control Number 42650, and identified as State Street - Capital Avenue Connector Trail, and WHEREAS; To comply with Federal Highway Administration 23 CFR 1.23(a) — "Interest to be acquired — The State shall acquire rights-of-way of such nature and extent as are adequate for the construction,operation,and maintenance of a project,"it is necessary for the City of Grand Island to declare that a portion of said property shall be used for the construction, operation, and maintenance of a Hike/Bike Trail for a period of no less than twenty five years from the completion of its construction, and NOW,THEREFORE,BE IT RESOLVED;THAT THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,NEBRASKA,hereby approves the use of a portion of said land owned by the City of Grand Island for the construction, operation and maintenance of a Hike/Bike Trail as shown on Exhibit "A" and as aligned in project plans and specifications for Nebraska Department of Roads project ENH-40(59),Control Number 42650,and identified as State Street - Capital Avenue Connector Trail for a period of no less than twenty five years from the completion of its construction. Adopted by the City Council of the City of Gran. an., eb'aska ly 24, 20 I k Ja av .cek, Mayor Attest: POT-') o.12— RaNae Edwards, City Clerk Approved as to Form tti�_` July 23,2012 tt Cit worney