VA 2023 - 2494WASHINGTON COUNTY NEBRASKA
Filed for record on January 13, 2023 at 02:07 PM
Instrument No. 2023-00119 q
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Prepared 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. 2494
COUNCIL MEMBER WILLIS INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA; VACATING AND
ABANDONING GARFIELD STREET NORTH OF RIVERVIEW DRIVE WHICH WAS
ORIGINALLY PLATTED AS PART OF EVERGREEN BLUFF SUBDIVISION AND LOTS 6,
7 AND 8 ALL IN BLOCK 4, EVERGREEN BLUFF SUBDIVISION, BLAIR, WASHINGTON
COUNTY, NEBRASKA IN ORDER FOR THIS AREA TO BE REPLATED INTO ELK RIDGE
SUBDIVISION, BLAIR, WASHINGTON COUNTY, NEBRASKA BEING APPROVED AS
ATTACHED "EXHIBIT A"; 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 by the plat for Evergreen
Bluff Addition to the City of Blair, Washington County, Nebraska filed on July 15, 1976 as a
public street; and
WHEREAS, the proposed plat of Elk Ridge Subdivision determines that the right of way
described in the previous plat of Evergreen Bluff Addition 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. 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 3. 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 4. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 5. 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 10th day of January 2023.
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ATTEST:
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WHEELER, CITY CLERK
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CITY OF BLAIR, NEBRASKA
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 10th day of
January, 2023.
BRENDA WHEELER, CITY CLERK
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