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08/25/2020 Resolutions 2020-200R E S O L U T I O N 2020-200 WHEREAS, through a public hearing and approval of Resolution No. 2020-200 on August 25, 2020, Grand Island City Council authorized City staff to acquire certain tracts of land for the Old Potash Highway Roadway Improvements; Project No. 2019-P-1 project area: Owner BARR NONE, LLC A PERMANENT EASEMENT FOR ROAD RIGHT-OF-WAY CONSISTING OF PART OF A TRACT OF LAND DESCRIBED AS A PART OF LOT THREE (3), COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3, POINT ALSO BEING AT THE ITNERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY & EAST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE ON AN ASSUMED BEARING OF NO1 °59' 16"W ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 24.84 FEET; TEHNCE S45°48'00"E A DISTANCE OF 28.98 FEET; THENCE N89°28'39"E A DISTANCE OF 136.80 FEET; THENCE N37°10'OS"E A DISTANCE OF 61.01 FEET TO A POINT ON THE WEST LINE OF HIGHWAY 281 AS DESCRIBED IN DEED DOCUMENT NO. 70- 004933; THENCE SO1°33'S2"E ALONG THE WEST LINE OF SAID HIGHWAY 281, A DISTANCE OF 10.33 FEET TO A WESTERLY CORNER OF HIGHWAY 281 RIGHT-OF-WAY; THENCE S33°59'41 "W ALONG A WESTERLY LINE OF SAID HIGHWAY 281 RIGHT-OF-WAY, A DISTANCE OF 51.59 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 3, POINT ALSO BEING ON TI� NORTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY; THENCE S89°30'38"W ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 165.02 FEET TO A POINT OF BEGINNING. SAID RIGHT-OF-WAY CONTAINS 1,366 SQUARE FEET MORE OR LESS AND A PERMANENT EASEMENT FOR A UTILITY EASEMENT CONSISTING OF PART OF A TRACT OF LAND DESCRIBED AS A PART OF LOT THREE (3), COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 3, COMMONWEALTH BUSINESS PARK SUBDIVISION, AN Amount $95,900.00 Approved as to Form � August 24, 2020 II City Attorney ADDITION TO TI� CITY OF GRAND ISLAND, NEBRASKA, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE ON AN ASSUMED BEARING NO1 °59' 16"W ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 24.84 FEET TO THE NORTHWEST CORNER OF SAID PROPOSED ROW TRACT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NO1°59' 126"W ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 32.90 FEET TO A POINT OF CURVATURE; THENCE ON THE WEST LINE OF LOT 3, AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 7°00'29", A RADIUS OF 170.00 FEET, A CHORD BEARING OF NO2°15'27"E WITH A CHORD DISTANCE OF 20.78 FEET, AN ARC LENGTH OF 20.79 FEET; THENCE S21°OS'31"E A DISTANCE OF 57.58 FEET; TI�NCE SO1°04'29"E A DISTANCE OF 20.13 FEET TO A POINT ON THE NORTH LINE OF SAID PROPOSED ROW TRACT; THENCE N45°48'00"W ALONG THE NORTI�ASTERLY LINE OF SAID PROPOSED ROW TRACT, A DISTANCE OF 28.98 FEET TO A POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 782 SQUARE FEET MORE OR LESS. AND A PERMANENT EASEMENT FOR A DRAINAGE EASEMENT CONSISTING OF PART OF A TRACT OF LAND DESCRIBED AS A PART OF LOT THREE (3), COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASAKA AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT A SOUTHEAST CORNER OF LOT 3, COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, NEBRASKA; THENCE ON AN ASSUMED BEARING OF S89°30'38"W ALONG TI� NORTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY, A DISTANCE OF 35.01 FEET TO A SOUTHEAST CORNER OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE N33°59'41"E ALONG THE SOUTHEAST LINE OF SAID PROPOSED RIGHT-OF- WAY TRACT, A DISTANCE OF 51.59 FEET TO A SOUTHEAST CORNER OF SAID PROPOSED RIGHT-OF-WAY TRACT; TI-�NCE NO1°30'24"W ALONG THE EAST LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 10.33 FEET TO THE NORTHEAST CORNER OF SAID PROPOSED RIGHT-OF-WAY, SAID POINT ALSO BEING THE POINT OF BEGINNING; 'TI�NCE S37°10'OS"W ALONG THE NORTHWESTERLY LINE OF SAID PROPOSED ROW TRACT, A DISTANCE OF 61.03 FEET TO A SOUTHEAST CORNER OF SAID PROPOSED ROW TRACT; -2- THENCE S89°28'39"W ALONG THE NORTH LINE OF SAID PROPOSED ROW TRACT, A DISTANCE OF 12.12 FEET; TF�NCE N20°53'08"E A DISTANCE OF 80.91 FEET; THEIVCE NO1°28'S9"W A DISTANCE OF 7336 FEET; THENCE NO3°11'21"W A DISTANCE OF 95.09 FEET; THENCE N55°00'09"W A DISTANCE OF 21.43 FEET; THENCE NO3°11'21"W A DISTANCE OF 10.83 FEET; THENCE N86°48'389"E A DISTANCE OF 27.24 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF HIGHWAY 281; THENCE SO1°30'24"E ALONG THE WEST RIGHT-OF-WAY LINE OF SAID HIGHWAY 281, A DISTANCE OF 213.67 FEET TO A POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 2,884 SQUARE FEET MORE OR LESS. AND A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF A TRACT OF LAND DESCRIBED AS A PART OF LOT THREE (3), COMMONWEALTH BUSINESS PARK SUBDNISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT A SOUTHWEST CORNER OF SAID LOT 3, POINT ALSO BEING A SOUTHWEST CORNER OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE ON AN ASSUMED BEARING OF NO1°59'16"W ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 5'7.74 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 7°00'29", A RADIUS OF 170.00 FEET, A CHORD BEARING OF NO2°15'27"E WITH A CHORD BEARING OF 20.78 FEET, AN ARC LENGTH OF 20.79 TO THE NORTHWEST CORNER OF SAID PROPOSED UTILITY EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING, TO A POINT OF CURVATURE; THENCE ALONG THE WESTERLY SIDE OF SAID LOT 3, AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 10°00'09", A RADIUS OF 170.00 FEET, A CHORD BEARING OF Nl 0°45'46"E WITH A CHORD DISTANCE OF 29.64 FEET, AN ARC LENGTH OF 29.68 FEET; THENCE S47°51'39"E A DISTANCE OF 10.40 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER-CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 13°59'08", A RADIUS OF 160.00 FEET, A CHORD BEARING OF S08°08'47"W WITH A CHORD DISTANCE OF 38.96 FEET, AN ARC LENGTH OF 39.05 FEET; THENCE S21°OS'31"E A DISTANCE OF 32.88 FEET; THENCEN89°28'39"E A DISTANCE OF 107.39 FEET; THENCE N30°53'08"E A DISTANCE OF 50.46 FEET; THENCE NO1°28'S9"W A DISTANCE -3- OF 24.13 FEET; THENCE N88°31'Ol"E A DISTANCE OF 8.00 FEET; THENCE NOl°28'S9"W A DISTANCE OF 76.65 FEET; THENCE N55°00'09"W A DISTANCE OF 77.30 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 3, POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE N48°07'41"E ALONG THE NORTHWESTERLY LINE OF SAID LOT 3, A DISTANCE OF 17.93 FEET TO A POINT OF CURVATURE; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 3, AROUND A CURVE IN A COUNTER-CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 25°55'OS", A RADIUS OF 230.00 FEET, A CHORD BEARING OF N36°15' 19"E WITH A CHORD DISTANCE OF 103.16 FEET, AN ARC LENGTH OF 104.04 FEET; THENCE N88°22'32"E A DISTANCE OF 15.89 FEET TO A POINT ON THE WEST LINE OF HIGHWAY 281 DEED NO. 79-004933; THENCE SO1°30'24"E ALONG THE WEST LINE OF SAID HIGHWAY 281 CONDEMNATION DEED, LINE ALSO BEING THE WEST R.O.W. LINE OF HIGHWAY 281, A DISTANCE OF 52.73 FEET TO THE NORTHEAST CORNER OF A PROPOSED DRAINAGE EASEMENT; THENCE S86°48'39"W ALONG THE NORTH LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 27.24 FEET TO THE NORTHWEST CORNER OF SAID PROPOSED DRAINGE EASEMENT; THENCE S03°11'21"E ALONG A WESTERLY LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 10.83 FEET TO A NORTHWESTERLY CORNER OF SAID PROPOSED DRAINAGE EASEMENT; THENCE S55°00'09"E ALONG A NORTHWESTERLY LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 21.43 FEET TO A NORTHERLY CORNER OF SAID PROPOSED DRAINAGE EASEMENT; THENCE S03°11'21"E ALONG A WESTERLY LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 95.09 FEET TO A WESTERLY CORNER OF SAID PROPOSED DRAINAGE EASEMENT; THENCE SO1°28'S9"E ALONG A WESTERLY LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 73.36 FEET TO THE SOUTHERLY CORNER OF SAID PROPOSED DRAINAGE EASEMENT; TI-�NCE S30°53'08"W ALONG A WESTERLY LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 80.91 FEET TO THE SOUTHWEST CORNER OF SAID PROPOSED DRAINAGE EASEMENT, SAID POINT ALSO BEING ON THE NORTH LINE OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE S89°28'39"W ALONG SAID NORTH LINE, A DISTANCE OF 124.68 FEET TO THE SOUTHEAST CORNER OF SAID PROPOSED UTILITY EASEMENT; THENCE NO 1°04'29"W ALONG THE EAST LINE OF SAID PROPOSED UTILITY EASEMENT, A DISTANCE OF 20.13 FEET TO THE NORTHEAST CORNER OF SAID PROPOSED � UTILITY EASEMENT; THENCE N21°OS'31"W ALONG THE NORTHEASTERLY LINE OF SAID PROPOSED UTILITY EASEMENT, A DISTANCE OF 57.58 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 15,226 SQUARE FEET MORE OR LESS. TOTAL= $95,900.00 WHEREAS, a condemnation hearing was held in Hall County Court on August 14, 2020 wherein the Board of Appraisers issued their determination; and WHEREAS, in order to continue with the Old Potash Highway Roadway Improvements; Proj ect No. 2019-P-1, it is necessary that the City deposit with Hall County Court the amount of $95,900.00 as determined by the Board of Appraisers. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City deposit with the Hall County Court the sum of $95,900.00 in accordance with the laws of eminent domain. Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2020. �.. _. Roge . Steele, Mayor Attest: ��g.�--s:.�1�.� As,�� RaNae Edwards, City Clerk -5-