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10/27/2020 Resolutions 2020-260R E S O L U T I O N 2020-260 WHEREAS know all men by these presents, that Mettenbrink Family Investments, L.L.C., being the owners of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as "NWE NORTH SUBDIVISION", A tract of land consisting of part of the southeast quarter of the southeast quarter (SE'/4 SE'/4 ) of Section three (3), Township eleven (11) north, range ten (10) west of the 6�' P.M., in the jurisdiction of the City of Grand Island, Hall County Nebraska. WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, this property is being purchased by Northwestern Energy to be used for a utility substation; and WHEREAS, the lot in this subdivision does not meet the minimum lot size requirements of the AG2 zoning district but does meet the minimum size needed for a utility substation; and WHEREAS, §33-21 of the Grand Island City Code allows Council to modify or waive specific provision of the regulations and the Council finds that (1) The strict application of a particular provision would produce undue hardship. (2) Such hardship is not shared generally by other properties in the proposed subdivision, or in the case of modifications or waivers affecting an entire proposed subdivision the hardship is not shared generally with other similar subdivisions. (3) The authorization of the modification or waiver will not be a substantial detriment to adjacent property and the chaxacter of the proposed subdivision will not be adversely changed. (4) The granting of such modification or waiver is based upon demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, or caprice. (5) The granting of such modification will not unduly compromise the intent of this chapter; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of NWE NORTH SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. Approved as to Form � October26,2020 tt CityAttorney Adopted by the City Council of the City of Grand Island, Nebraska, October 27, 2020. �- �/ .:��;�c.� Roger . Steele, Mayor Attest: � � ��� RaNae Edwards, City Clerk -2-