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01/11/2005 Resolutions 2005-7 I I I RES 0 L UTI 0 N 2005-7 WHEREAS, the Grand Island Utilities Department owns and operates a primary and secondary electrical distribution system located in an easement on the west side of Lot Two (2) Toukan Fourth Subdivision; and WHEREAS, the high voltage junction box was installed with the base six inches above the top of the curb along Diers Avenue to provide drainage from the easement to the storm sewer in the Diers Avenue right-of-way; and WHEREAS, James Martinez, the owner of Lot Two (2) Toukan Fourth Subdivision, is interested in developing such property; and WHEREAS, it is imperative that the city's electrical equipment on the property be protected during any development on the property; and WHEREAS, it is recommended that a Drainage Agreement be entered into between the owner and the city to ensure that any future development of the property will not cause damage to the city's equipment based on drainage to the Diers Avenue right-of-way; and WHEREAS, a Drainage Agreement has been reviewed and approved by the Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Drainage Agreement by and between the city and James A. Martinez, a single person, is hereby approved to protect city electrical equipment located in an easement on the west side of Lot Two (2) Toukan Fourth Subdivision during the development of such property. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Drainage Agreement on behalf of the City of Grand Island. Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2005. RSlo.t-<2Q~ RaNae Edwards, City Clerk Approved as to Form tl Dt1l ( ~ I January 4, 2005 tl City Alto BY