04/13/2004 Resolutions 2004-87
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RES 0 L UTI 0 N 2004-87
WHEREAS, on May 2,2003, Jerry and Pamela Miller, husband and wife, filed a
lawsuit against the City of Grand Island in the District Court of Hall County, Nebraska, alleging that
the discharge from the City's wastewater treatment facilities caused pollution to their property at 508
South Shady Bend Road; and
WHEREAS, negotiations to resolve such issues have been ongoing between the
parties, and a potential settlement has been reached; and
WHEREAS, it is recommended that the City would pay to Jerry and Pamela Miller,
the sum of $200,000 in exchange for the conveyance of their property at 508 South Shady Bend
Road property to the City by warranty deed for partial reimbursement for remediation expense and in
complete settlement of all claims and legal issues between Jerry and Pamela Miller and the City of
Grand Island; and
WHEREAS, a public hearing was held on April 13, 2004, for the purpose of
discussing the proposed acquisition of property, legally described as follows:
All ofthe East 624 feet of Lot Two (2), Mainland, in the Southeast Quarter (SE1I4)
of Section Fourteen (14), in Township Eleven (11) North, Range Nine (9) West of
the 6th P.M., more particularly described as follows;
Beginning at the northeast comer of said Lot Two (2), running thence North 89028'
West along the North line of said lot a distance of 624 feet; running thence South
parallel to the East line of said lot a distance of 1029 feet to the original government
survey meander line on the North bank of the Platte River; running thence
Northeasterly along the original government survey meander line (a broken line)
1157.6 feet to the original government survey meander comer on the East line of said
lot; running thence North along the East line of said lot a distance of 66 feet to the
place of beginning, containing 7.25 acres, more or less, as shown on the plat attached
to the deed recorded in Book 87, Page 1, of the Deed Records of Hall County,
Nebraska; and
WHEREAS, a letter agreement dated March 25, 2004, sets out the terms and
conditions of such settlement terms, and has been reviewed and approved by the City Attorney; and
WHEREAS, the approval of such settlement terms will resolve all issues currently
pending against the City by Jerry and Pamela Miller.
Approved as to Form n /)1?0~/
April 8, 2004 n City Allor ey
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the settlement agreement by and between the
City and Jerry and Pamela Miller regarding the property located at 508 S. Shady Bend Road is
hereby approved according to the terms set out in such agreement; and the Mayor is hereby
authorized and directed to execute the agreement on behalf of the City of Grand Island.
Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004.
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RaNae Edwards, City Clerk