03/25/2003 Resolutions 2003-87
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RES 0 L UTI 0 N 2003-87
WHEREAS, on January 14,2003, by Resolution 2003-17, the City of Grand Island
approved a Purchase Agreement by and between the City and T & E Cattle Company (referred to as
"Seller" in the Purchase Agreement and Amendment) setting out the terms and conditions for the
acquisition of right-of-way along North Road, from Old Potash Highway to approximately 370 feet
north of Faidley Avenue to construct and maintain a drainage ditch as an extension to the Moore's
Creek Drainway; and
WHEREAS, the agreement indicates that the City shall construct an ingress/egress
"culvert bridge" of a minimum 60 foot in width at a location determined by T & E Cattle Company
for access to their property from North Road; and
WHEREAS, due to the parties' different interpretation of such provision of the
agreement, it is necessary to more clearly define the responsibilities of each party with respect to the
term "culvert bridge" and providing a street from the east side of North Road to the west property
line ofT & E Cattle Company's Remaining Property to satisfy the term "ingress/egress"; and
WHEREAS, it is recommended that the Purchase Agreement be amended to clarify
such responsibilities; and
WHEREAS, an Amendment to the Purchase Agreement has been prepared by the
City Attorney's office, and approved by T & E Cattle Company.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Amendment to the Purchase Agreement
by and between the City and T & E Cattle Company is hereby approved to clarify the responsibilities
of each party with respect to the installation of a crossing using two reinforced 48" concrete pipe
culverts to satisfy the requirements of a "culvert bridge" and paving of a roadway across the ditch to
satisfy the "ingress/egress" to the T & E Cattle Company property.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such amendment on behalf of the City of Grand Island.
Adopted by the City Council of the City of Grand Island, Nebraska on March 25,2003.
Qf'\no ~fl~J
RaNae Edwards, City Clerk
Approved as to Form II ~
March 21,2003 II City Attorney