09/14/2004 Resolutions 2004-224
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RES 0 L UTI 0 N 2004-224
WHEREAS, on July 12, 2004, Timothy and Mary Arends, 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 414
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 Timothy and Mary Arends,
the sum of $205,000 in exchange for the conveyance of their property at 414 South Shady Bend
Road by warranty deed and an additional $35,000 for reimbursement of alleged damages, relocation
expenses and for complete settlement of all claims and legal issues between Timothy and Mary
Arends and the City of Grand Island; and
WHEREAS, a public hearing was held on September 14,2004, for the purpose of
discussing the proposed acquisition of property, legally described as follows:
A tract ofland located in the Northeast Quarter (NE1/4) of Section Fourteen (14), in
Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County,
Nebraska, described as follows:
Beginning at a point on the East Section line of said Section Fourteen, said point
being 66.0 feet North ofthe Southeast comer of the Northeast Quarter (NE1/4) of
said Section 14; thence North along and upon the East line of said Section 14, a
distance of 833.93 feet; thence deflecting left 131030' and running Southwesterly a
distance of900.86 feet; thence deflecting left 48030' and running South and parallel
to the East Section line a distance of 232.62 feet to a point 66.0 feet North of the
South line ofthe Northeast Quarter (NE1/4) of said Section 14; thence deflecting left
89037' and running Easterly and parallel to the South line of the Northeast Quarter
(NE 1/4) of said Section 14 a distance of 674.72 feet to the point of beginning; AND
A tract of land located in the Northeast Quarter (NE1/4) of Section Fourteen (14),
Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County,
Nebraska, being more particularly described as follows: with reference to the
Southeast comer of said NE1/4; thence Northerly on the East line of said NE1/4 on
an assumed bearing ofNOooOO'OO"E for 899.93 feet to the point of beginning; thence
continuing on aforesaid line for 20.00 feet; thence S48034'51 "W for 899.72 feet;
thence S30000'W parallel with the East line of said NE1/4 for 20.00 feet; thence
running N48034'51 "E for 899.72 feet to the point of beginning; and
WHEREAS, a letter agreement dated August 20, 2004, sets out the terms and
conditions of such settlement terms, and has been reviewed and approved by the City Attorney; and
Approved as to Form lX
September 9, 2004 lX
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WHEREAS, the approval of such settlement terms will resolve all issues currently
pending against the City by Timothy and Mary Arends.
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 Timothy and Mary Arends regarding the property located at 414 South 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, September 14,2004.
QI\f)L ill,A)~
RaNae Edwards, City Clerk
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