11/21/2000 Resolutions 2000-351
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RESOLUTION 2000-351
WHEREAS, in 1999, the City of Grand Island constructed the BN Belt1ine Hike Bike
Trail, a segment of which adjoined property owned by O'Neill Construction Co., a corporation;
Michael J. O'Neill and June M. O'Neill, husband and wife; Josephine L. O'Neill, a single person and
Josephine L. O'Neill, Trustee of the Testamentary Trust of Russell W. O'Neill, deceased (collectively
"the O'Neill's"); and
WHEREAS, the O'Neill's have used the segment of right-of-way and the adjoining
property for storage of construction and demolition materials and equipment, which use is
incompatible with the hikelbike trail from an aesthetic and safety standpoint; and
WHEREAS, the O'Neill's claim an interest in the segment of right-of-way based on
their use of the property; and
WHEREAS, the City owns a tract of surplus real estate which is suitable for
relocation of the O'Neill storage activities; and
WHEREAS, the City and the O'Neill's have negotiated an Exchange Agreement
which will resolve all outstanding issues on the BN Beltline Hike Bike right-of-way and provide a
site for O'Neill's business activities based on fair and reasonable consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Exchange Agreement by and between the
City and O'Neill Construction Co., a corporation; Michael J. O'Neill and June M. O'Neill, husband
and wife; Josephine L. O'Neill, a single person and Josephine L. O'Neill, Trustee ofthe Testamentary
Trust of Russell W. O'Neill, deceased, to exchange certain qualified real estate is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such Exchange Agreement on behalf of the City of Grand Island.
Adopted by the City Council of the City of Grand Island, Nebraska on November 21,2000.
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RaNae Edwards, City Clerk
Approved as to Form ... ~
November 17, 2000 '" City Attorney