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2400Prepared 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. 2400 COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA; VACATING AND ABANDONING TEN (10) FEET OF EXCESS RIGHT OF WAY LOCATED ON EACH SIDE OF 18TH STREET FROM BUTLER TO DAVIS STREETS; 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, 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 from 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 of 18th Street between Butler and Davis Streets and become a part of such property. SECTION 3. CERTIFIED COPY. Within thirty (3 0) 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; and there is reserved to the City of Blair any easements to conduct snow removal, or any other maintenance of the right of way for any existing 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 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 14TH day of July, 2020. ATTEST: A,V-01�� J-Z�L BRENDA WHEELER, CITY CLERK (S. S7 W ):ss: CITY OF BLAIR, NEBRASKA By _ (:;� t(Z-- RICHARD HANSEN, MAYOR 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 14th day of July, 2020. BRENDA WHEELER, CITY C ERK All in Blair. Washington Countv, Nebraska 890054103 608 S. 18" St. BC KENNARDS ADD N93' LOTS 3 & 4 BLK 2 890054152 613 S. 18" St. BC KENNARDS ADD N126' LOT 1 N126' E10' LOT 2 BLK 3 LESS .05 AC DAVIS DR 890054110 624 S. 18" St. BC KENNARDS ADD S59' LOTS 3 & 4 & VAC ALLEY BLK 2 890054159 635 S. 18th St. BC KENNARDS ADD S26' LOTS 1 & 2 N58' LOTS 7 & 8 & ALL OF VAC ALLEY BLK 3 890054187 655 S. 18th St. BC KENNARDS ADD S94' LOTS 7 & 8 BLK 3 - 890054117 1772 Butler St. BC KENNARDS ADD W60' LOT 5 BLK 2 State of Nebraska, County of Washington Mark Rhoades, Being by me first duly sworn, deposes and says that he is the Publisher of the Pilot -Tribune , a legal weekly newspaper published at Blair, in Washington County, Nebraska and of general circulation in said County and State: that said newspaper has a bona fide circulation of more than 3000 copies weekly, in said County: and has been published in said County for more than 52 successive weeks prior to the first publication of the attached notice, that the attached notice was published in said newspaper for 1 consecutive week(s) being the issues of. July 21, 2020 ��7 �� Publisher Signature Subscribed in my presence, and sworn to before me this 22nd day of July, 2020. Notary Public GENERAL NOTARY - State of Nebraska L. -G Tracy A. Prettyman My Comm. Exp. Sept. 10, 2021 Printers Fee For Publishing This Notice $ 13.50 Preparation of Affidavit and Billing $ 0.00 Notary Fees $ 0.00 Copy $ 0.00 25% discount for minutes $ 0.00 TOTAL $ 13.50