2358Prepared by and after Recording Return to:
Brenda Wheeler, City Clerk, City of Blair, 218 S. 161h Street, Blair, NE 68008 (402) 426-6694
ORDINANCE NO. 2358
COUNCIL MEMBER JENSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA; VACATING AND
ABANDONING EXCESS RIGHT OF WAY LOCATED ON THE WEST SIDE OF NORTH
27TH STREET AND HANSEN DRIVE BETWEEN COLLEGE DRIVE AND NEBRASKA
STREET; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH, PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND
EFFECT AND PUBLISHING IN PAMPHLET FORM.
WHEREAS, Nebraska Revised Statute § 16-661 authorizes the City Council or its agent to
initiate vacation of any public right of way; and
WHEREAS, Angels Share Inc., the owner of the adjacent property, has agreed to include
this area in the final plat of Transformation Hill Addition, to be located within the City of Blair;
and
WHEREAS, this area was previously dedicated to the public use through various
dedications or by prescriptive easement as a county road; and
WHEREAS, it is hereby determined that the right of way described below is not useful or
needed as a right of way, and it is in the public interest that said right of way be abandoned and
vacated as right of way and as public property and be released fiom any and every public right,
use, title, interest, if any, except as hereinafter provided;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS:
SECTION 1. ABANDONMENT. It is hereby determined that the property hereinafter
described is no longer useful or needed as a right of way, and it is in the public interest that said
right of way be abandoned and vacated as right of way and as public property and be released from
any and every public right, use, title, interest. Said property is described and depicted in
Attachment A, attached hereto, and is by reference incorporated herein.
SECTION 2. ABUTTING PROPERTY OWNER. Upon the vacation of the right
of way by the City of Blair, the title to such property shall vest in the owner of the abutting property
west of 27th Street and become a part of such property.
SECTION 3. CERTIFIED COPY. Within thirty (30) days after the effective date
of the vacation, the City of Blair shall file a certified copy of the vacating ordinance with the
Washington County Register of Deeds in which the vacated property is located to be indexed
against all affected lots.
SECTION 4. EASEMENTS. The City of Blair reserves the right to maintain,
operate, repair, and renew public utilities existing at the time title to the property is vacated there;
and there is reserved to the City of Blair any public utilities and any cable television systems the
right to maintain, repair, renew, and operate water mains, gas mains, pole lines, conduits, electrical
transmission lines, sound and signal transmission lines, and other similar services and equipment
and appurtenances, including lateral connections or branch lines, above, on, or below the surface
of the ground that are existing as valid easements at the time title to the property is vacated for the
purposes of serving the general public or the abutting properties and to enter upon the premises to
accomplish such purposes at any and all reasonable times.
SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 6. 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 April, 2018.
CITY OF BLAIR, NEBRASKA
By ,..
J'AfAS REALPH, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
):ss:
WASHINGTON COUNTY )
BRENDA 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 Ordinance was passed and
approved at a regular meeting of the Mayor and City Council of said City held on the 24th day of
April, 2018.
BRENDA WHEELER, CITY CLERK
STAR DRILL HOLE
IN CONCRETE
GAL DESC
SURVEY RECORD
ROAD VACATION
COLLEGE DRIVE
HE CORNER TAX LOT 542
PONT OF SECURNG
(REBAR µ5TH ALUMINUM CAP STAVPED LS -382)
A PARCEL OF LAND LOCATED IN THE WEST HALF OF THE NORTHWEST
QUARTER OF SECTION 11, TOWNSHIP 1B NORTH, RANGE 11 EAST, OF
THE 6TH P.M., IN THE CITY OF BLAIR, WASHINGTON COUNTY,
NEBRASKA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT
THE NORTHEAST CORNER OF TAX LOT 542 OF SAID SECTION 11,
TOWNSHIP 18 NORTH, RANGE 11 EAST, OF THE 6TH P.M.,
WASHINGTON COUNTY, NEBRASKA; THENCE SOO'11'22"E (ASSUMED
BEARING) ON THE WEST RIGHT OF WAY LINE OF 27TH STREET, A
DISTANCE OF 936.49 FEET TO THE SOUTH LINE OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 11; THENCE
CONTINUING SOO'11'22"E ON SAID WEST RIGHT OF WAY LINE, A
DISTANCE OF 447.86 FEET; THENCE S41'34'23"E CONTINUING ON SAID
WEST RIGHT OF WAY LINE, A DISTANCE OF 341.72 FEET TO THE
EASTERLY LINE OF TAX LOT 540 OF SAID SECTION 11; THENCE
N33'2B32"E ON THE NORTHEASTERLY EXTENSION OF SAID EASTERLY
UNE OF TAX LOT 540, A DISTANCE OF 10.40 FEET TO THE WEST
UNE OF A PARCEL OF LAND AS DESCRIBED IN DEED BOOK 71, PAGE
169, RECORDED AT THE WASHINGTON COUNTY COURTHOUSE; THENCE
NORTHERLY ON SAID WEST LINE THE NEXT FIVE COURSES:
N50'41'26"W, A DISTANCE OF 50.03 FEET; N33'31'57"W, A DISTANCE
OF 243.55 FEET; N16'32'56"W A DISTANCE OF 152.87 FEET;
NOO'12'56"W, A DISTANCE OF 313.47 FEET TO THE SOUTH LINE OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 11; NOO'12'02"W, A DISTANCE OF 936.51 FEET TO A POINT
ON THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID TAX LOT
542; THENCE N89'39'00W ON SAID EASTERLY EXTENSION, A
DISTANCE OF 15.62 FEET TO THE POINT OF BEGINNING, CONTAINING
0.71 ACRES, MORE OR LESS,
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY THAT THIS PLAT OF A SURVEY WAS MADE BY ME
OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE
BEST OF MY KNOWLEDGE, AND THAT I AM A DULY REGISTERED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF NEBRASKA.
RYAN M. 0 TOOLE, LS 765
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