03/09/2004 Resolutions 2004-45
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RES 0 L UTI 0 N 2004-45
WHEREAS, on April 8, 2003, by Resolution 2003-92, the City Council ofthe City of
Grand Island approved the acquisition of property along South Locust Street between Stolley Park
Road and Fonner Park Road for right-of-way purposes; and
WHEREAS, on April 8, 2003, by Resolution 2003-93, the City Council ofthe City of
Grand Island approved the acquisition of property along South Locust Street between Stolley Park
Road and Fonner Park Road for permanent utility easements; and
WHEREAS, on April 8, 2003, by Resolution 2003-94, the City Council ofthe City of
Grand Island approved the acquisition of property along South Locust Street between Stolley Park
Road and Fonner Park Road for landscaping easements; and
WHEREAS, on April 8, 2003, by Resolution 2003-95, the City Council ofthe City of
Grand Island approved the acquisition of property along South Locust Street between Stolley Park
Road and Fonner Park Road for ingress and egress purposes; and
WHEREAS, a public hearing was held on April 8, 2003 for the purpose of discussing
the acquisition of property for the purposes set out above; and
WHEREAS, on April 8, 2003, the City Council authorized the City Attorney to
commence condemnation proceedings on behalf of the City of Grand Island to acquire property for
right-of-way and permanent utility easements if successful negotiations were not possible; and
WHEREAS, although city officials continue to negotiate with the affected property
owners for the acquisition of such property for right-of-way and permanent utility easements,
negotiations with some property owners have not been successful, necessitating the need to
commence condemnation proceedings as authorized in Resolution 2003-92 and Resolution 2003-93;
and
WHEREAS, it is recommended that the City Attorney also be authorized to
commence condemnation proceedings on behalf of the City of Grand Island to acquire property
previously identified in Resolution 2003-95 for acquisition for ingress/egress purposes for this
project if such acquisition cannot be successfully negotiated; and
WHEREAS, it is recommended that additional property as described in Exhibit "A"
attached hereto be acquired as landscaping easements, temporary construction easements, permanent
utility easements, and right-of-way which will be consistent with property previously approved in
Resolutions 2003-92, 2003-93, and 2003-94 for acquisition for this project; and
WHEREAS, a public hearing was held on March 9, 2004, for the purpose of
discussing the acquisition ofthe remaining properties required for landscaping easements, temporary
construction easements, permanent utility easements, and right-of-way as set out in Exhibit "A"
attached hereto and incorporated herein by reference.
Approved as to Form II
March 4, 2004
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WHEREAS, it is recommended that the City Attorney be authorized to commence
condemnation proceedings on behalf ofthe City of Grand Island to acquire the property described in
Exhibit "A" for purposes of right-of-way, temporary construction easements, and permanent utility
easements for this project if such acquisition cannot be successfully negotiated.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The City of Grand Island is hereby authorized to acquire the tracts of land as
described on Exhibit "A" attached hereto, located along South Locust Street between Stolley Park
Road and Fonner Park Road for landscaping, right-of-way, temporary construction easements, and
permanent utility purposes, as noted thereon.
2. If successful negotiations for the acquisition of property along South Locust Street
between Stolley Park Road and Fonner Park Road as authorized in Resolution 2003-95 for
ingress/egress purposes are not possible, the City Attorney is hereby authorized and directed to
commence condemnation proceedings on behalf ofthe City of Grand Island to acquire such property
for ingress/egress purposes.
3. If successful negotiations for the acquisition of property described in Exhibit "A" for
temporary construction easements, permanent utility easement and right-of-way purposes cannot be
accomplished, the City Attorney is hereby authorized and directed to commence condemnation
proceedings on behalf of the City of Grand Island to acquire such property.
Adopted by the City Council of the City of Grand Island, Nebraska, March 9, 2004.
QS)Oi <e.QW~
RaNae Edwards, City Clerk
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Exhibit "A"
Acquisition of Property Along South Locust Street
V-Haul Real Estate Co.
Tract No. 10-A
Landscaping Easement
V-Haul Real Estate Co.
Tract No. 10-B
Landscaping Easement
A landscaping easement being part of the Southeast Quarter (SE1I4) of
Section 21, Township 11 North, Range 9 West of the 6th P.M., City of
Grand Island, Hall County, Nebraska and more particularly described
as follows:
Commencing at the southeast comer of a tract of land, recorded as
Exhibit "A", Document Number 89-104826, filed September 11, 1989,
Hall County Register of Deeds; thence on an assumed bearing of
S89032'35"W along the south line of said tract of land a distance of
6.65 feet to the Point of Beginning; thence continuing S89032'35"W a
distance of23.15 feet; thence NOo045'22"W a distance of66.08 feet;
thence N89007'57"E a distance of9.91 feet; thence NOl 008'45"W a
distance of 24.64 feet to a point of curvature; thence around a curve in
a clockwise direction having a delta angle of 105032'54", a arc length
of9.2l feet, a radius of 5.00 feet and a chord bearing N5l 037'42"E for
a distance of 7 .96 feet to a point of continued curvature; thence around
a curve in a clockwise direction having a delta angle of 16006'39", a
arc length of7.03 feet, a radius of25.00 feet and a chord bearing
S67032'31"E for a distance of7.01 feet; thence SOl 009'33"E a distance
of92.95 feet to the point of beginning. Said landscaping easement
contains 1880.09 square feet more or less.
A landscaping easement being part of the Southeast Quarter (SEl/4) of
Section 21, Township 11 North, Range 9 West of the 6th P.M., City of
Grand Island, Hall County, Nebraska and more particularly described
as follows:
Commencing at the northeast comer of a tract ofland, recorded as
Exhibit "A", Document Number 89-104826, filed September 11, 1989,
Hall County Register of Deeds; thence on a assumed bearing of
S89022'03"W along the north line of said tract a distance of7.01 feet to
the Point of Beginning; thence SO 1 009'33 "E a distance of 7 4.18 feet to
a point of curvature; thence around a curve in a clockwise direction
having a delta angle of 00055'13", a arc length of 0.40 feet, a radius of
25.00 feet and a chord bearing S58040'21"W for a distance of 0.40 feet
to a point of continued curvature; thence around a curve in a clockwise
direction having a delta angle of 120000'00", a arc length of 10.47 feet,
a radius of 5.00 feet and a chord bearing ofN60052'03"W for a
distance of 8.66 feet; thence NOo052'03"W a distance of 52.61 feet;
thence S88029'll"W a distance of 15.50 feet; thence NOo057'04"W a
distance of8.10 feet; thence S89040'30"W a distance of29.02 feet;
thence N01 007'36"W a distance of 9.44 feet to a point on the north line
of said tract; thence N89022'03 "E along said north line a distance of
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I Neils McDermott
Tract No. 22
Landscaping Easement
F ontenelle Oil Company
Tract No. 19
Utility Easement
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F ontenelle Oil Company
Tract No. 19
Landscaping Easement
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52.04 feet to the point of beginning. Said landscaping easement
contains 1118.06 square feet more or less.
A landscaping easement being part of Lot 1, Brownell Subdivision,
City of Grand Island, Hall County, Nebraska and more particularly
described as follows:
Commencing at the northwest comer of said Lot 1, Brownell
Subdivision, thence on an assumed bearing ofN89043'18"E along the
north line of said Lot 1 a distance of 5.10 feet to the Point of
Beginning; thence continuing N89043'18"E along said north line a
distance of 18.59 feet; thence SOl o06'27"E a distance of 50.12 feet;
thence S89037'37"W a distance of 18.59 feet; thence N01 o06'27"W a
distance of 50.15 feet to the point of beginning. Said permanent
easement contains 931.83 square feet more or less.
A permanent public utility easement being part of the Southeast
Quarter (SE1I4) of Block Nine (9), Pleasant Home Subdivision, City of
Grand Island, located in the Southeast Quarter (SE1I4) of Section 21,
Township 11 North, Range 9 West ofthe 6th P.M., Hall County,
Nebraska, and more particularly described as follows:
Commencing at the northeast comer ofthe SE1I4 of Block 9, Pleasant
Home Subdivision; thence on an assumed bearing ofS89023'53"W
along the north line of said SE1I4 of Block 9 a distance of 0.32 feet to
the point of beginning; thence SOl 008'45"E a distance of 131.76 feet;
thence S16035'51 "W a distance of 8.53 feet to a point on the south line
of said SE1I4 of Block 9; thence S89017'15"W along said south line a
distance of2.55 feet; thence N20006'25"E a distance of8.70 feet;
thence N01 008'45"W a distance of 131.78 feet to a point on the north
line of said SE1I4 of Block 9; thence N89023'53"E along said north
line a distance of 2.00 feet to the point of beginning. Said tract contains
a calculated area of282.05 square feet or 0.0065 acres more or less.
A landscaping easement being part of the Southeast Quarter (SE1/4) of
Block 9, Pleasant Home Subdivision, City of Grand Island, Hall
County, Nebraska, and more particularly described as follows:
Commencing at the northeast comer of said SE1/4, Block 9, Pleasant
Home Subdivision; thence on an assumed bearing ofS89023'53"W
along the north line of said SE1/4, Block 9 a distance of 0.32 feet to the
point of beginning; thence SOP08'45"E a distance of 131.76 feet;
thence S16035'51 "W 8.53 feet to a point on the south line of said SE1I4
of Block 9; thence S89017'15"W along said south line a distance of
27.43 feet to a point of curvature; thence around a curve in a clockwise
direction having a delta angle of 26057'24", a arc length of 4.70 feet, a
radius of 10.00 feet and a chord bearing N23054'04"E for a distance of
4.66 feet; thence N37022'46"E a distance of 41.83 feet; thence
N01 008'45"W a distance of 102.76 feet to a point on the north line of
said SE1I4 of Block 9; thence N89023'53"E along said north line a
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I Fontenelle Oil Company
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Tract No. 19
Right -of- Way
Neils McDermott
Tract No. 22
Temporary Construction
Easement
distance of 2.00 feet to the point of beginning. Said landscaping
easement contains 813.53 square feet more or less.
A tract ofland being part of the Southeast Quarter (SE1I4) of Block 9,
Pleasant Home Subdivision, City of Grand Island, located in the
Southeast Quarter (SE1I4) of Section 21, Township 11 North, Range 9
West of the 6th P.M., Hall County, Nebraska, and more particularly
described as follows:
Commencing at the northeast comer of the SE1I4 of said Section 21;
thence on an assumed bearing of SO 1 006'27"E along the east line of
said SE1/4 a distance of 859.76 feet; thence S88053'33"W and
perpendicular to said east line a distance of33.00 feet to a point being
the intersection ofthe northeast comer ofthe SE1/4 of Block 9,
Pleasant Home Subdivision and the west right-of-way (RO.W.) line of
South Locust Street, said point also being the point of beginning;
thence SOl006'27"E along the west R.O.W. line of South Locust a
distance of 139.91 feet to the southeast comer of the SE1I4 of Block 9,
of said Pleasant Home Subdivision, said point also being on the north
RO.W. line of Hedde Street; thence S89017'15"W along said north
RO.W. a distance of2.83 feet; thence N16035'51 "E a distance of8.53
feet; thence NO 1 008'45 "W a distance of 131.76 feet to a point on the
north line of said SE 1/4 of Block 9, said point also being on the
westerly RO.W. line of South Locust Street; thence N89023'53"E
along said westerly R.O.W. line a distance of 0.32 feet to the point of
beginning. Said tract contains a calculated area of 48.91 square feet or
0.0011 acres more or less.
A Temporary Construction Easement located in Lot 1 of Brownell
Subdivision in the City of Grand Island, Hall County, Nebraska, and
more particularly described as follows:
Commencing at the northwest comer of said Lot 1; thence on an
assumed bearing ofN89043'18"E along the north line of said Lot 1 a
distance of 7.10 feet to the Point of Beginning; thence continuing
N89043'18"E along said north line a distance of52.05 feet; thence
SOoo20'06"E a distance of24.93 feet; thence S14015'18"E a distance of
25.97 feet to a point on the south line of said Lot 1; thence
S89037'37"W along said south line a distance of 44.83 feet; thence
N01 o06'27"W a distance of50.15 feet to the point of beginning. Said
Temporary Construction Easement contains 2508.43 square feet or
0.0576 acres more or less.
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V-Haul Real Estate Co.
Tract No. 10
Temporary Construction
Easement
Preferred Enterprises
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Tract No. 11
Temporary Construction
Easement
KWM Co.
Tract No. 15
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Temporary Construction
Easement
A Temporary Construction Easement located in the Southeast Quarter
(SE1I4) of Section 21, Township 11 North, Range 9 West of the 6th
P.M., Hall County, Nebraska, and more particularly described as
follows:
Commencing at the southeast comer of a tract of land recorded as
Exhibit "A", Document Number 89-104826, filed September 11, 1989,
Hall County Register of Deeds, thence on an assumed bearing of
S89032'35"W along the south line of said tract ofland a distance of
7.65 feet to the Point of Beginning; thence continuing S89E32'35"W a
distance of28.30 feet; thence NOOE52'03"E a distance of 5.43 feet;
thence N89E07'57"E a distance of25.80 feet; thence NOOE52'03"W a
distance of 55.60 feet; thence S89E07'57"W a distance of 19.43 feet;
thence N01E06'27"W a distance of 5.03 feet; thence S88E53'33"W a
distance of6.05 feet; thence NOOE52'03"W a distance of 134.77 feet to
a point on the north line of said tract; thence N89E22'03"E along said
north line a distance of26.97 feet; thence SOlE09'33"E a distance of
200.89 feet to the point of beginning. Said Temporary Construction
Easement contains 4,072.27 square feet or 0.0935 acres more or less.
A Temporary Construction Easement located in Lot 2 of Fonner Fourth
Subdivision in the City of Grand Island, Hall County, Nebraska, and
more particularly described as follows:
Commencing at the southwest comer of said Lot 2; thence on an
assumed bearing ofN89018'18"E along the south line of said Lot 2 a
distance of7.03 feet to the Point of Beginning; thence NOo054'59"W a
distance of 150.03 feet to a point on the north line of said Lot 2; thence
N890 18' 18"E along said north line a distance of 23.57 feet; thence
SOl 003'03"E a distance of34.41 feet; thence S89005'01"W a distance
of 11.22 feet; thence SO 1 004'41 liE a distance of 83.56 feet; thence
N88058'36"E a distance of28.79 feet; thence S00041 '42"E a distance
of 32.18 feet to a point on the south line of said Lot 2; thence
S890 18'18"W along said south line a distance of 41.33 feet to the point
of beginning. Said Temporary Construction Easement contains
3,188.82 square feet or 0.0732 acres more or less.
A Temporary Construction Easement located in the Southeast Quarter
of Section 21, Township 11 North, Range 9 West of the 6th P.M., City
of Grand Island, Hall County, Nebraska, and more partciularly
described as follows:
Commencing at the northeast comer of Lot 1 of JNW Subdivision in
the City of Grand Island, Hall County, Nebraska; thence S89021'24"W
along the north line of said Lot 1 a distance of 2.50 feet to the Point of
Beginning; thence continuing S89021 '24"E along said north line a
distance of 83.49 feet; thence NO 1 007'21"W a distance of 24.70 feet;
thence N88052'39"E a distance of32.69 feet; thence NOl 007'21"W a
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F ontenelle Oil Company
Tract No. 19
Temporary Construction
Easement
Wiltgen Corp. II
Tract No. 20
Temporary Construction
Easement
distance of23.28 feet; thence N89003'55"E a distance of39.95 feet;
thence N01 o08'45"W a distance of 51.80 feet; thence Sggo50'46"W a
distance of 15.48 feet; thence N01 o08'45"W a distance of34.93 feet to
a point on the south line of a tract of land described in Warranty Deed
recorded as Document Number 96-108797, filed November 6, 1996,
Hall County Register of Deeds; thence N89020'50"E along said south
line a distance of28.95 feet; thence SOl005'06"E a distance of 86.40
feet; thence S88054'54"W a distance of2.50 feet; thence SOl o05'06"E
a distance of 48.63 feet to the point of beginning. Said Temporary
Construction Easement contains 4,971.47 square feet or 0.1141 acres
more or less.
A Temporary Construction Easement located in the Southeast Quarter
(SE1/4) of Block 9 of Pleasant Home Subdivision in the City of Grand
Island, Hall County, Nebraska, and more particularly described as
follows:
Commencing at the southwest comer of said SE1I4, Block 9; thence on
an assumed bearing ofN89017'15"E along the south line of said SE1I4
a distance of 91.72 feet to the Point of Beginning; thence N37E22'46"E
a distance of 42.23 feet; thence N01E08'45"W a distance of 87.26 feet;
thence S88E51 '15"W a distance of 14.00 feet; thence N01E07'02"W a
distance of 19.58 feet to a point on the north line of said SE1I4 of
Block 9; thence N89E23'53"E along said north line a distance of25.99
feet; thence SOlE08'45"E a distance of 131.78 feet; thence
S20E06'25"W a distance of 8.70 feet to a point on the south line of said
SE1I4 of Block 9; thence S89El7'15"W along said south line a
distance of35.15 feet to the point of beginning. Said Temporary
Construction Easement contains 2,376.44 square feet or 0.05 acres
more or less.
A Temporary Construction Easement located in Lot 6 of Kirkpatrick
Subdivision in the City of Grand Island, Hall County, Nebraska, and
more particularly described as follows:
Commencing at the southeast comer of said Lot 6, said point also
being the Point of Beginning; thence on an assumed bearing of
S89023'53"W along the south line of said Lot 6 a distance of21.04
feet; thence N01 006'27"W a distance of 15.04 feet; thence
N88042'41"E a distance of5.53 feet; thence N01 o06'27"W a distance
of24.79 feet; thence S88053'33"W a distance of5.57 feet; thence
N01 o08'45"W a distance of29.98 feet to a point on the north line of
said Lot 6; thence N89028'54"E along said north line a distance of
21.24 feet to the northeast comer of said Lot 6; thence SOoo58'59"E
along the east line of said Lot 6 a distance of 69.79 feet to the point of
beginning. Said Temporary Construction Easement Contains 1,337.93
square feet or 0.0307 acres more or less.
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Wiltgren Corp. II
Tract No. 22
Temporary Construction
Easement
A Temporary Construction Easement located in Lot 5 of Kirkpatrick
Subdivision in the City of Grand Island, Hall County, Nebraska, and
more particularly described as follows:
Commencing at the southeast comer of said Lot 5, said point also
being the Point of Beginning; thence on an assumed bearing of
S89028'54"W along the south line of said Lot 5 a distance of 32.25
feet; thence NOl o08'45"W a distance of 58.70 feet; thence
S890l8'37"W a distance of83.66 feet; thence NOoo4l'23"W a distance
of 11.53 feet to a point on the north line of said Lot 5; thence
N89027' 1 1 "E along said north line a distance of 10.68 feet; thence
SOoo32'49"E a distance of 0.50 feet; thence N890l8'37"E a distance of
93.00 feet; thence S7000l'27''E a distance of9.18 feet to a point on the
east line of said Lot 5; thence S23005'48"E along said east line a
distance of 10.01 feet; thence SOoo58'59"E continuing along said east
line a distance of 57.30 feet to the point of beginning. Said Temporary
Construction Easement contains 3,137.53 square feet or 0.0720 acres
more or less.
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