03/18/2003 Ordinances 8796
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ORDINANCE NO. 8796
An ordinance directing and authorizing the conveyance and assignment of an
easement to the Hall County Airport Authority; providing for the giving of notice of such
conveyance and assignment and the terms thereof; providing for the right to file a remonstrance
against such conveyance; providing for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The conveyance and assignment to THE HALL COUNTY
AIRPORT AUTHORITY, a body corporate and politic, constituting a public corporation and an
agency of Hall County, Nebraska, of all of the interest of the City of Grand Island in and to a
perpetual easement for the purpose of constructing, operating, maintaining, repairing, patrolling
I and removing a railroad line, in, over and across a tract of land lying in the Southeast Quarter of
the Southwest Quarter (SEl/4, SW1/4) of Section Twenty Seven (27), Township Twelve (12)
North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, more particularly
described as follows:
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Beginning at a point on the east line of said SEl/4 SWl/4, said point being One
Hundred Fifty-One (151.0) feet South of the Northeast comer of said SE1/4
SWl/4; thence continuing Southerly along said East line of the SEl/4 SWl/4, a
distance of One Hundred (100.0) feet; thence Westerly perpendicular to said East
line of the SE1/4 SWl/4, a distance of Five Hundred Ninety-One and Seventy-
Two Hundredths (591.72) feet, to a point of curvature; thence Southwesterly
along the arc of a curve whose radius is 714.49 feet (initial tangent of which
coincides with the last described course), an arc distance of One Thousand One
Hundred Fifty-Seven and Eighty-Three Hundredths (1,157.83) feet, to the
intersection with the Easterly right-of-way line of the Union Pacific Railroad;
thence Northerly along said Easterly railroad right-of-way line, to the intersection
with a line One Hundred (100.00) feet Northwesterly from and parallel to the
afore-described curve; thence Northeasterly along the arc of a curve whose radius
is Eight Hundred Fourteen and Forty-Nine Hundredths (814.49) feet, (also being
on a line One Hundred (100.00) feet Northwesterly from and parallel to the afore-
Approved as to Form
March 13, 2003
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ORDINANCE NO. 8796 (Cont.)
described curve), to a point which is One Hundred Fifty-One (151.0) feet south of
the Northeast comer of said SEl/4 SWl/4 and Five Hundred Ninety-One and
Seventy-Two Hundredths (591.72) feet west at right angles to the East line of said
SEl/4 SWl/4; thence Easterly perpendicular to said East line of the SEl/4
SWl/4, a distance of Five Hundred Ninety-One and Seventy-Two Hundredths
(591.72) feet to the place of beginning, containing 3.64 acres more or less,
Being part of the same property described in the Deed of Easement dated
December 13, 1943 from William Buckow to the United Stated of America and
recorded in the Register of Deeds office, Hall County, Nebraska, in Book 86 of
Deeds at Page 363 and part of the same property as described in the Quitclaim
Deed dated October 13, 1948 from the United States of America to the City of
Grand Island and recorded in the Register of Deeds office, Hall County, Nebraska
in Book 96 of Deeds at Page 197.
SECTION 2. Conveyance of the easement above described shall be by
Assignment of Easement.
SECTION 3. As provided by law, notice of such conveyance and the terms
thereof shall be published for three 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 6. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance and assignment of such within described
easement; and if a remonstrance against such conveyance signed by registered voters of the City
of Grand Island equal in number to thirty percent 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 days of passage and publication of such ordinance, said easement shall not
then, nor within one year thereafter, be conveyed.
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Approved as to Form
March 13, 2003
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ORDINANCE NO. 8796 (Cont.)
SECTION 7. The conveyance and assignment of said easement is hereby
authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the
Mayor shall make, execute and deliver to The Hall County Airport Authority, a body corporate
and politic, constituting a public corporation and an agency of Hall County, Nebraska, an
Assignment of Easement for said property, and the execution of such Assignment of Easement is
hereby authorized without further action on behalf of the City Council.
SECTION 8. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: March 18, 2003.
Attest:
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RaNae Edwards, City Clerk
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Approved as to Form
March 13. 2003