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01-31-2008 Easement 21st St353 RELEASE OF EASEMENT FILED 2008 JAIL 31 PM 2: 33 KAR :i. .. tNIADSEN STATE OF NEBRASKA ) WASHIIN(AGN COUNTY )ss REGISTER Of: DEEDS COUNTY OF WASHINGTON } BLAIR „E The City of Blair hereby releases Easement filed on the real estate in Book 341 at page 357-359 for the property legally described in Ordinance No. 1927 vacating 21st Street as follows and authorized to be released by the attached Resolution No. 2007-40: THAT PORTION OF VACATED TWENTY FIRST STREET STARTING AT A POINT ON THE EAST PROPERTY LINE 9.35' SOUTH OF THE NORTHEAST CORNER OF LOT 3, HOSPITAL PARK ADDITION, THENCE EAST TO THE EAST RIGHT OF WAY LINE OF 21ST STREET AT THE SOUTHWEST CORNER OF LOT 1, STRICKLETT'S ADDITION THEN NORTH ON SAID LOT LINE TO THE SOUTH INTERSECTION OF THE SOUTH RIGHT OF WAY OF HIGHWAY 75, THENCE NORTHWESTERLY ON SAID HIGHWAY 75 RIGHT OF WAY TO THE INTERSECTION WITH THE WEST RIGHT OF WAY OF 21ST STREET, THENCE SOUTH ON SAID 21ST STREET RIGHT OF WAY A DISTANCE OF 329.67', THENCE WEST 900, A DISTANCE OF 15' ON SAID 211T STREET RIGHT OF WAY, THENCE SOUTH ON SAID RIGHT OF WAY TO POINT OF BEGINNING. The City of Blair hereby authorizes the Washington County Register of Deeds Office to release the above-described Easement on said real estate in that said easement is no longer applicable. IN WITNESS WHEREOF, the undersigned has executed this document in Blair, Nebraska on this 318t day of January, 2008. ��6LAIR''�it �t o (Seat 4 2.1 Brenda R. Wheeler, City Clerk 4 0081)0 quo WASHINGTON COUNTY, STATE OF NEBRASKA Recorded ✓ RECORDED 3l 'o KAT4e General Numerical BOOK. L_PAGE(S ' _3 6 6 Photostat J(QAWV CL �t l Proofed Scanned ttF019MOFDEEDS 3 53 354 RESOLUTION 2007- 40 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Memorial Community Hospital (hereinafter Hospital), has requested the relocation of the sewer line and water line, on land (hereinafter referred to as the Subject Property) adjacent to the Hospital in the City of Blair, Nebraska, for the purpose of relocating, constructing, extending and maintaining the water line that serves the Hospital area and vacating easement on vacated 21St Street. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Agreement to relocate the water line between the City of Blair, Nebraska and Hospital, a copy of which is attached hereto, marked Exhibit "A" and incorporated by this reference herein, is hereby accepted and adopted by the City of Blair, Nebraska. BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of Blair, Nebraska are hereby authorized and directed to execute said the Agreement to relocate the water line and release the public utility easement on the subject property on behalf the Municipality. COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS SHOTWELL, SCHEVE, STEWART, FANOELE, ABBOTT, WOLFF, BIFFAR AND CHRISTIANSEN VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10TH DAY OF JULY, 2007. ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA. ) CITY OF BLAIR, NEBRASKA BY ---^ -- k'�'\ E. REALPH, MAYOR 3 54 3 55 ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 10th day of July, 2007. L" �. 6ejhj!-.� BRENDA R. WHEELER, CITY CLERK 3 55 356 AGREEMENT THIS AGREEMENT entered into by and between the City of Blair, Nebraska, hereinafter referred to as (City), and Memorial Community Hospital, hereinafter referred to as (Hospital). WHEREAS, the Mayor and City Council for the City of Blair Nebraska passed Ordinance # 1927 vacating that portion of 21St street starting at a point on the east property line 9.35' south of the Northeast corner of Lot 3, Hospital Park Addition; thence East to the East right of way line of 21St Street at the Southwest Corner of Lot 1, Stricklett's addition, then North on said lot line to the south intersection of the south right of way of highway 75, thence Northwesterly on said highway 75 right of way to the intersection with the west right of way of 21St street, thence south on said 21St street right of way a distance of 329.67', thence west 90 degrees, a distance of 15' on said 21" street right of way, thence south on said right of way to point of beginning; and WHEREAS, in said Ordinance the City retained a perpetual easement over and across said described portion of 21" street for any public or private utilities located, or which may be located or installed in said vacated street; and and WHEREAS, the Hospital now requests the City to vacate said easement for water and sewer; WHEREAS, the City is willing to vacate said easement for water and sewer; Now therefore in valuable consideration, and the mutual promises and covenants herein, the parties hereto agree as follows, to wit: 1. Water Line Relocation: The City shall abandon and relocate any City water main currently located on said property to a location off of hospital property and to a location acceptable to the City. 2. Vacated Water and Sewer Mains: The City shall abandon the existing water and sewer mains on the south, at a point on the south boundary of the said described property, and on the North, on the North boundary line of said property. 3. Water and Sewer Main Ownership: Any water main or sewer main remaining on said easement shall become the property and responsibility ofthe Hospital for purposes of future ownership and maintenance. 4. Compensation: The Hospital agrees to compensate the City for the actual costs of the relocation of the water line from the subject property up to a maximum of Twelve Thousand Dollars and No/100's ($12,000.00). 5. Release of Easement: Once the water main has been relocated from the subject property, the City agrees to release the utility easement in place for water and sewer on the subject property pursuant to this Agreement. 356 357 6. Pa r�nent and Release: Upon completion of waterline relocation and payment to City, the City shall furnish the hospital a recorded copy of this Agreement to verify the release of said easement. 7. Indemnification: The Hospital agrees to indemnify and hold the City harmless from any and all legal actions, claims or liability resulting from the negligent actions or admissions by the Hospital, its agents, representatives or employees in regard to the construction relocation and maintenance of the sewer line and water line in question on the subject property. 8. Binding Effect: The terms of this Agreement shall be binding upon and shall inure to the benefit of the City and the Hospital, their heirs, successors and assigns, CITY OF BLAIR, S E. REALPH, MAYOR By b , THOR D REPRE TATWE OF MEMORIAL COMMUNITY HOSPITAL STATE OF NEBRASKA. COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me on the /0 day of 'Su i ORDINANCE NO. 1927 AN ORDINANCE VACATING THAT PORTION OF 21 ST STREET STARTING AT A POINT ON THE EAST PROPERTY LINE 9.35' SOUTH OF THE NORTHEAST CORNER OF LOT 3, HOSPITAL PARK ADDITION, THENCE EAST TO THE EAST RIGHT OF WAY LINE OF 21� STREET AT THE SOUTHWEST CORNER OF LOT 1, STRICKLETT'S ADDITION THEN NORTH ON SAID LOT LINE TO THE SOUTH INTERSECTION OF THE SOUTH RIGHT OF WAY OF HIGHWAY 75, THENCE NORTHWESTERLY ON SAID HIGHWAY 75 RIGHT OF WAY TO THE INTERSECTION WITH THE WEST RIGHT OF WAY OF 21s" STREET, THENCE SOUTH ON SAID 2lu STREET RIGHT OF WAY A DISTANCE OF 329.67', THENCE WEST 90°, A DISTANCE OF 15' ON SAID 21Sr STREET RIGHT OF WAY, THENCE SOUTH ON SAID RIGHT OF WAY TO POINT OF BEGINNING, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. The portion of 215` Street starting at a point on the East property line 9.35' South of the Northeast comer of Lot 3, Hospital Park Addition, thence East to the East right of way line of 215` Street at the Southwest comer of Lot 1, Stricklett's Addition then North on said lot line to the South intersection of the South right of way of Highway 75, thence Northwesterly on said Highway 75 right of way to the intersection with the West right of way of 215` Street, thence South on said 2151 Street right of way a distance of 329.67', thence West 90°, a distance of 15' on said 215` Street right of way, thence South on said right of way to point of beginning, is hereby declared to be vacated on September 15, 2001; providing, however, from and after the effective date of the vacation, the City of Blair, for itself or its assignees, hereby reserves (i) a perpetual easement over and across the above-described portion of 215` Street for any public or private utilities located, or which may be located or installed, in said vacated street, including but not limited to water lines, sewer lines, telephone, gas or cable television lines; and (ii) a perpetual easement over and across an area at the southernmost end of the vacated portion of 215` street, which area shall have a radius of fifty feet (50') and is to be used as a street cul-de-sac for the public use. SECTION 2. The ownership of the vacated portion of 21" street shall revert to the adjacent landowner, namely, Memorial Community Hospital Corporation, Blair, Nebraska ("Hospital") provided that Memorial Community Hospital shall construct, at its cost, a concrete cul-de-sac with a fifty feet (50') radius, at the southernmost end of the vacated portion of 21" Street, said cul-de-sac to be designed and constructed pursuant to the applicable City and State specifications for public streets. The Mayor and City Clerk are hereby authorized to execute and deliver the Agreement with Hospital which is attached hereto and incorporated by this reference herein. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST; ` r BRENDA 9-PtAYL , CITY CLERK y � D x001333'% STATE OF NEBRASKA COUNTY OF WASHINGTON)SS ENTERED IN NUMERICAL INDEX AND FILED FOR RECORD THISaltb _DAY OF A.D.20.U1 AT O'CLOCK. LLA AND NECORDED IN BOOK .3 11 AT PAGE _�152- 59 COUNTY CLERK DEPUTY RecordedGeneral Numerical - / -- Numerical.....-- �--' Photostat...�.--,-- Prooted --- PASSED AND APPROVED this 24th day of July, 2001. t ^-1 w U -- CITY OF BLAIR, NEBRASKA Lda� .JC%J r- LL _J tomI.- --JJ r O y �TcffKhi A. M S, MAYOR ATTEST; ` r BRENDA 9-PtAYL , CITY CLERK y � D x001333'% STATE OF NEBRASKA COUNTY OF WASHINGTON)SS ENTERED IN NUMERICAL INDEX AND FILED FOR RECORD THISaltb _DAY OF A.D.20.U1 AT O'CLOCK. LLA AND NECORDED IN BOOK .3 11 AT PAGE _�152- 59 COUNTY CLERK DEPUTY RecordedGeneral Numerical - / -- Numerical.....-- �--' Photostat...�.--,-- Prooted --- STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 36D BRENDA R. TAYLOR hereby certifies that she is the duly appointed., qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 24' day of July, 2001. BRENDA R. TAYLOR, Y CLERK 36� RELEASE OF EASEMENT STATE OF NEBRASKA ) )ss. COUNTY OF WASHINGTON ) The City of Blair hereby releases Easement filed on the real estate in Book 341 at page 357-359 for the property legally described in Ordinance No. 1927 vacating 21St Street as follows and authorized to be released by the attached Resolution No. 2007-40: THAT PORTION OF VACATED TWENTY FIRST STREET STARTING AT A POINT ON THE EAST PROPERTY LINE 9.35' SOUTH OF THE NORTHEAST CORNER OF LOT 3, HOSPITAL PARK ADDITION, THENCE EAST TO THE EAST RIGHT OF WAY LINE OF 21ST STREET AT THE SOUTHWEST CORNER OF LOT 1, STRICKLETT'S ADDITION THEN NORTH ON SAID LOT LINE TO THE SOUTH INTERSECTION OF THE SOUTH RIGHT OF WAY OF HIGHWAY 76, THENCE NORTHWESTERLY ON SAID HIGHWAY 75 RIGHT OF WAY TO THE INTERSECTION WITH THE WEST RIGHT OF WAY OF 21ST STREET, THENCE SOUTH ON SAID 21ST STREET RIGHT OF WAY A DISTANCE OF 329.67', THENCE WEST 900, A DISTANCE OF 15' ON SAID 21ST STREET RIGHT OF WAY, THENCE SOUTH ON SAID RIGHT OF WAY TO POINT OF BEGINNING. The City of Blair hereby authorizes the Washington County Register of Deeds Office to release the above-described Easement on said real estate in that said easement is no longer applicable. IN WITNESS WHEREOF, the undersigned has executed this document in Blair, Nebraska on this 31St day of January, 2008. Brenda R. Wheeler, City Clerk (Seal) RESOLUTION 2007- 40 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Memorial Community Hospital (hereinafter Hospital), has requested the relocation of the sewer line and water line, on land (hereinafter referred to as the Subject Property) adjacent to the Hospital in the City of Blair, Nebraska, for the purpose of relocating, constructing, extending and maintaining the water line that serves the Hospital area and vacating easement on vacated 21" Street. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Agreement to relocate the, water line between the City of Blair, Nebraska and Hospital, a copy of which is attached hereto, marked Exhibit "A" and incorporated by this reference herein, is hereby accepted and adopted by the City of Blair, Nebraska. BE IT FURTHER RESOLVED that the Mayor and City Cleric of the City of Blau, Nebraska are hereby authorized and directed to execute said the Agreement to relocate the water line and release the public utility easement on the subject property on behalf the Municipality. COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS SHOTWELL, SCHEVE, STEWART, FANOELE, ABBOTT, WOLFF, BIFFAR AND CHRISTIANSEN VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10TH DAY OF JULY, 2007. ATTEST: . 1)u4al -�' o"-� BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) CITY OF BLAIR, NEBRASKA BY 4,)"-\ ( !!IM� E. REALPH, MAYOR ) ;ss; WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 10th day of July, 2007. BRENDA R. WHEELER, CITY CLERK AGREEMENT THIS AGREEMENT entered into by and between the City of Blair, Nebraska, hereinafter referred to as (City), and Memorial Community Hospital, hereinafter referred to as (Hospital). WHEREAS, the Mayor and City Council for the City of Blair Nebraska passed Ordinance #1927 vacating that portion of 21" street starting at a point on the east property line 9.35' south of the Northeast corner of Lot 3, Hospital Park Addition; thence East to the East right of way line of 21St Street at the Southwest Corner of Lot 1, Stricklett's addition, then North on said lot line to the south intersection of the south right of way of highway 75, thence Northwesterly on said highway 75 right of way to the intersection with the west right of way of 21St street, thence south on said 21St street right of way a distance of 329.67', thence west 90 degrees, a distance of 15' on said 21St street right of way, thence south on said right of way to point of beginning; and WHEREAS, in said Ordinance the City retained a perpetual easement over and across said described portion of 21 St street for any public or private utilities located, or which may be located or installed in said vacated street; and and WHEREAS, the Hospital now requests the City to vacate said easement for water and sewer; WHEREAS, the City is willing to vacate said easement for water and sewer; Now therefore in valuable consideration, and the mutual promises and covenants herein, the parties hereto agree as follows, to wit: 1. Water Line Relocation: The City shall abandon and relocate any City water main currently located on said property to a location off of hospital property and to a location acceptable to the City. 2. Vacated Water and Sewer Mains: The City shall abandon the existing water and sewer mains on the south, at a point on the south boundary of the said described property, and on the North, on the North boundary line of said property. 3. Water and Sewer Main Ownership: Any water main or sewer main remaining on said easement shall become the property and responsibility of the Hospital for purposes of future ownership and maintenance. 4. CoMpensation: The Hospital agrees to compensate the City for the actual costs of the relocation of the water line from the subject property up to a maximum of Twelve Thousand Dollars and No1100's ($12,000.00). 5. Release of Easement: Once the water main has been relocated from the subject property, the City agrees to release the utility easement in place for water and sewer on the subject property pursuant to this Agreement. 6. Payment and Release: Upon completion of water line relocation and payment to City, the City shall furnish the hospital a recorded copy of this Agreement to verify the release of said easement. 7. Indemnification: The Hospital agrees to indemnify and hold the City harmless from any and all legal actions, claims or liability resulting from the negligent actions or admissions by the Hospital, its agents, representatives or employees in regard to the construction relocation and maintenance of the sewer line and water line in question on the subject property. 8. Binding Effect: The terms of this Agreement shall be binding upon and shall inure to the benefit of the City and the Hospital, their heirs, successors and assigns. CITY OF BLAIR, By '�- 9,/\ QAtJES E. REALPH, MAYOR By 'AUTHORMED REPRE TATIVE OF MEMORIAL COMMUNITY HOSPITAL STATE OF NEBRASKA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me on the /0 day of 13u ��/ , 2007, by JAMES E. REALPH, Authorized Representative of the City of Blair and by, �� / Por f �e k/ ,Authorized Representative of Memorial Community Hospital, GB4fftNOTARY • Nebraska B l tOJA— RENnA R.. VUHEELE My Comm. Exp. June 20,20LL Notary Public 2 ORDINANCE NO. 1927 AN ORDINANCE VACATING THAT PORTION OF 21ST STREET STARTING AT A POINT ON THE EAST PROPERTY LINE 9.35' SOUTH OF TEE NORTHEAST CORNER OF LOT 3, HOSPITAL PARK ADDITION, THENCE EAST TO THE EAST RIGHT OF WAY LINE OF 21sT STREET AT THE SOUTHWEST CORNER OF LOT 1, STRICKLETT'S ADDITION THEN NORTH ON SAID LOT LINE TO THE SOUTH INTERSECTION OF THE SOUTH RIGHT OF WAY OF HIGHWAY 75, THENCE NORTHWESTERLY ON SAID HIGHWAY 75 RIGHT OF WAY TO THE INTERSECTION WITH THE WEST RIGHT OF WAY OF 21ST STREET, THENCE SOUTH ON SAID 21ST STREET RIGHT OF WAY A DISTANCE OF 329.67', THENCE WEST 900, A DISTANCE OF 15' ON SAID 21ST STREET RIGHT OF WAY, THENCE SOUTH ON SAID RIGHT OF WAY TO POINT OF BEGINNING. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, SECTION 1. The portion of 21' Street starting at a point on the East property .line 9.35' South of the Northeast corner of Lot 3, Hospital Park Addition, thence East to the East right of way line of 21St Street at the Southwest coiner of Lot 1, Stricklett's Addition then North on said lot line to the South intersection of the South right of way of Highway 75, thence Northwesterly on said Highway 75 right of way to the intersection with the West right of way of 21" Street, thence South on said 21' Street right of way a distance of 329.67', thence West 90°, a distance of 15' on said 21" Street right of way, thence South on said right of way to point of beginning, is hereby declared to be vacated on September 15, 2001; providing, however, from and after the effective date of the vacation, the City of Blair, for itself or its assignees, hereby reserves (i) a perpetual easement over and across the above-described portion of 21' Street for any public or private utilities located, or which may be located or installed, in said vacated street, including but not limited to water lines, sewer lines, telephone, gas or cable television lines; and (ii) a perpetual easement over and across an area at the southernmost end of the vacated portion of 21' street, which area shall have a radius of fifty feet (50') and is to be used as a street cul-de-sac for the public use. SECTION 2. The ownership of the vacated portion of 21" street shall revert to the adjacent landowner, namely; Memorial Community Hospital, Corporation, Blair, Nebraska ("Hospital") provided that Memorial Community Hospital -shall construct, at its cost, a concrete cul-de-sac with a fifty feet (50') radius, at the southernmost end ofthevacated portion of 21s Street; said'cul-de-sac to be designed and constructed pursuant to the applicable City and State specifications for public streets. The Mayor and City Clerk are hereby authorized to execute and deliver the Agreement with Hospital which is attached hereto and incorporated by this reference herein. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED: AND APPROVED this 24th day of July, 2001.. CITY OF BLAIR., NEBRASKA ATTEST: SWAM YZ� III E/ (SES) STATE OF NEBRASKA ) ) :ss: WASBINGTON COUNTY, ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, City Clerk of the City of Blair, Nebraska, and that the above and foregoing Oj and approved at a regular meeting of the Mayor and City Council of said City of July, 2001. ified and acting ace was passed on the 24a' day BRENDA R. TAYLOX/CjTY CLERK CITY OF BLAIR 218 S 16TH ST BLAIR, NE 68008 Voice: 402/426-4191 Fax: 402/426-4195 Sold To: MEMORIAL COMMUNITY HOSPITAL 810 N 22ND STREET BLAIR, NE 68008 Customer ID:MCH invoice Invoice Number: 1568 Invoice Date: 8/28/07 Page: 1 Customer PO Payment Terms Sales Rep ID Due Date' Due at end of Month 8/31/07 Description Amount RELOCATE WATER LINE FEE PER AGREEMENT 12,000.00 SEP 200 — • �ii11;�E5�1i i qs V� Subtotal 12,000.00 Los Sales Tax Q�� Total Invoice Amount 12,000.00 Check No: `� Payment Received 0.00 TOTAL 12, 000.00 RESOLUTION 2007- 40 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Memorial Community Hospital (hereinafter Hospital), has requested the relocation of the sewer line and water line, on land (hereinafter referred to as the Subject Property) adjacent to the Hospital in the City of Blair, Nebraska, for the purpose of relocating, constructing, extending and maintaining the water line that serves the Hospital area and vacating easement on vacated 21St Street. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Agreement to relocate the water line between the City of Blair, Nebraska and Hospital, a copy of which is attached hereto, marked Exhibit "A" and incorporated by this reference herein, is hereby accepted and adopted by the City of Blair, Nebraska. BE IT FURTHER RESOLVED that the Mayor and City Cleric of the City of Blair, Nebraska are hereby authorized and directed to execute said the Agreement to relocate the water line and release the public utility easement on the subject property on behalf the Municipality. COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS SHOTWELL, SCHEVE, STEWART, FANOELE, ABBOTT, WOLFF, BIFFAR AND CHRISTIANSEN VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY', THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10TH DAY OF JULY, 2007. CITY OF BLAIR, NEBRASKA BY E. REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) ,ss; WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 10th day of July, 2007. BRENDA R. WHEELER, CITY CLERK AGREEMENT THIS AGREEMENT entered into by and between the City of Blair, Nebraska, hereinafter referred to as (City), and Memorial Community Hospital, hereinafter referred to as (Hospital). WHEREAS, the Mayor and City Council for the City of Blair Nebraska passed Ordinance 41927 vacating that portion of 21St street starting at a point on the east property line 9.35' south of the Northeast corner of Lot 3, Hospital Park Addition; thence East to the East right of way line of 21St Street at the Southwest Corner of Lot 1, Stricklett's addition, then North on said lot line to the south intersection of the south right of way of highway 75, thence Northwesterly on said highway 75 right of way to the intersection with the west right of way of 21St street, thence south on said 21St street right of way a distance of 329.67', thence west 90 degrees, a distance of 15' on said 21" street right of way, thence south on said right of way to point of beginning; and WHEREAS, in said Ordinance the City retained a perpetual easement over and across said described portion of 21St street for any public or private utilities located, or which may be located or installed in said vacated street; and and WHEREAS, the Hospital now requests the City to vacate said easement for water and sewer; WHEREAS, the City is willing to vacate said easement for water and sewer; Now therefore in valuable consideration, and the mutual promises and covenants herein, the parties hereto agree as follows, to wit: Water Line Relocation: The City shall abandon and relocate any City water main currently located on said property to a location off of hospital property and to a location acceptable to the City. 2. Vacated Water and Sewer Mains: The City shall abandon the existing water and sewer mains on the south, at a point on the south boundary of the said described property, and on the North, on the North boundary line of said property. 3. Water and Sewer Main Ownership: Any water main or sewer main remaining on said easement shall become the property and responsibility of the Hospital for purposes of future ownership and maintenance. 4. Compensation: The Hospital agrees to compensate the City for the actual costs ofthe relocation of the water line from the subject property up to a maximum of Twelve Thousand Dollars and Nol100's ($12,000.00). 5. Release of Easement: Once the water main has been relocated from the subject property, the City agrees to release the utility easement in place for water and sewer on the subject property pursuant to this Agreement. 6. Payment and Release: Upon completion of water line relocation and payment to City, the City shall furnish the hospital a recorded copy of this Agreement to verify the release of said easement. 7. Indemnification: The Hospital agrees to indemnify and hold the City harmless from any and all legal actions, claims or liability resulting from the negligent actions or admissions by the Hospital, its agents, representatives or employees in regard to the construction relocation and maintenance of the sewer line and water line in question on the subject property. 8. Binding Effect: The terms of this Agreement shall be binding upon and shall inure to the benefit of the City and the Hospital, their heirs, successors and assigns. CITY OF BLAIR, By '�- A'/'\ QA�JES E. REALPH, MAYOR By A�UTHORMED REPRE TATIVE OF MEMORIAL COMMUNITY HOSPITAL STATE OF NEBRASKA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me on the f Ci day of ' u �V , 2007, by JAMES E. REALPH, Authorized Representative of the City of Blair and by i( V��% , Authorized Representative of Memorial Community Hospital. GEN 9--W. NOTARY • State of Nebraska BRENDA R. WHEELE 6&.My Comm. Exp. June 20, 20 Notary Public 2 CITY OF BLAIR 218 S 16TH ST BLAIR, NE 68008 Voice: 402/426-4191 Fax: 402/426-4195 Sold To: MEMORIAL COMMUNITY HOSPITAL 810 N 22ND STREET BLAIR, NE 68008 Customer ID:MCH Invoice Invoice Number: 1568 Invoice Date: 8/28/07 Page: 1 Customer PO Payment Terms Sales Rep ID Due Date Due at end of Month 8/31/07 Description Amount RELOCATE WATER LINE FEE PER AGREEMENT 12,000.00 SEP 2Qfl`�i lk���pF6l �l lZ��'����, R Subtotal 12,000.00 ' ` s Sales Tax oN Total Invoice Amount 12, 000.00 Check No: Payment Received 0.00 TOTAL 12, 000.00