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08/10/2021 Ordinances 9839_� - r �� B- �v�� B � �� - � _- - - m r� n � m� � C n= tT7 � � � t'a n�� •s i � r �' . . �` This Space Reserved for Register of Deeds *' ., .__. '-� C' :: c "� t---+ t� ...o.I � ��.A f..._.k ....�.� ., . '' ORDINANCE NO. 9839 An ordinance directing and autharizing the conveyance of real estate to the State of Nebraska, Department of Veterans Affairs; providing for a condition precedent to execution and delivery of a deed; providing the terms thereof; and providing the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance to State of Nebraska Department of Veterans' Affairs � � ("Grantee") of the following described tract located in the City of Grand Island, Hall County, Nebraska is hereby authorized and directed, to wit: A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 2 IN SECTION 6 AND THE SOUTHWEST QUARTER OF SECTION 5, ALL IN TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE NO1°17'S2"W (ASSUMED BEARING) ON THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 33.00 FEET TO THE NORTH RIGHT OF WAY L1NE OF CAPITAL AVENUE AND THE PO1NT OF BEGINNING; THENCE S89°18'S9"W ON SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 137.95 FEET; THENCE N53°27'16"W ON Return to: RaNae Edwards City Clerk 100 East 1st Street Grand Island NE 68801 Approved as to Form tt August 9, 2021 � City A or y (`�:� G�"� f"J �� 4J �� f.A/ � � � � � --�1 rn rn Q t1� Z t1'� � � C �. � � � Q �� 2021068�Q ORDINANCE NO. 9839 (Cont.) SAID NORTH RIGHT OF WAY LINE AS DESCRIBED IN INSTRUMENT NO. 201404177, A DISTANCE OF 61.75 FEET; THENCE NO1 °32'S0"W, ON THE EAST RIGHT OF WAY L1NE OF WEBB ROAD, A DISTANCE OF 1058.11 FEET; THENCE N90°00'00"E, A DISTANCE OF 1139.24 FEET; THENCE S00°00'00'B, A DISTANCE OF 1036.14 FEET TO THE NORTH RIGHT OF WAY LINE OF CAPITAL AVENUE AS DESCRIBED IN INSTRUMENT NO. 201306652; THENCE S89° 12'41 "W ON SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 566.34 FEET; THENCE S00°49'17"E, CONTINUING ON SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 44.00 FEET; THENCE S89°12'41"W CONTINUING ON SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 357.49 FEET TO THE POINT OF BEGINNING, CONTAINING 27.48 ACRES, MORE OR LESS. SECTION 2. City shall retain and reserve to the City all existing public utility easements I and public rights-of-way. SECTION 3. City shall reserve and retain non-exclusive easements over two strips fifty (50) feet wide for access, ingress, and egress, and to operate, maintain, repair, replace, and remove the irrigation wells, pumps, electrical connections, pipes and related irrigation equipment located on the west side and on the south side of the land described in Section 1, above, said easements to be used for the purpose of providing irrigation for and water to City's agricultural lands located in the south one-half of section 6 and the southwest quarter of section 5 all in Township 11 North, Range 9 West of the Sixth P.M., Hall County, Nebraska. Said easement shall lapse upon non-use by City and its assigns. SECTION 4. Conveyance of the above-described lands shall be subject to the annual agricultural lease agreements existing at the time of conveyance. SECTION 5. In consideration for this conveyance the Grantee shall establish, construct, maintain, administer, and operate upon the aforesaid lands a State Veterans Cemetery pursuant to the authority granted by Nebraska Revised Statute Sec. 12-1301(1)(b) (Laws 2020 LB911). 2 ORDINANCE NO. 9839 (Cont.) 2021U68�� SECTION 6. A condition precedent to the authority provided hereby to the City's Mayor and City Clerk shall be City's receipt of documentary evidence that the National Cemetery Administration issued to Grantee a grant opportunity letter to fund the establishment of a State Veterans Cemetery to be located upon the above-described lands. SECTION 7. As provided by Nebraska Revised Statute Sec. 16-202(4) the conveyance authorized hereby shall not require publication of notice nor a public right of remonstrance petition objecting to the said conveyance. SECTION 8. Upon City's receipt of documentary evidence that the National Cemetery Administration has issued to Grantee a grant opportunity letter to fund the establishment of a State Veterans Cemetery to be located upon the above-described lands, conveyance of said real estate is hereby authorized, directed, and confirmed and the mayor and city clerk shall make, execute, and deliver to the said State of Nebraska, Department of Veterans Affairs a deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the city council. SECTION 9. This ordinance shall be in force and take effect from and after its passage and publication as provided by law. Enacted: August 10, 2021. �'� => . � _�./' / � � � . -- � — Attest: ��.�k.. � RaNae Edwards, City Clerk �oF.�;RANO /s<9 �. .'. ci}'��G��T� .L4 y� x .► •.�. =�k � '..°F� ro,�$1ti r NFQ � AS��