2007-40RESOLUTION 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 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:
it
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
CITY OF BLAIR, NEBRASKA
BY )
-- AM 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
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 21 street, thence south on said 21
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
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:
and
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 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.
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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.
STATE OF NEBRASKA
COUNTY OF WASHINGTON
GENERA_ NOTARY - State of Nebraska
BRENDA R. WHEEL.pli
My Comm. Exp. June 20, 20
CITY OF BLAIR,
By
By
ES E. REALPH, MAYOR
AUTHORD REPRE TATIVE OF
MEMORIAL COMMUNITY HOSPITAL
foregoing instrument was acknowledged before me on the / C day of
, 2007, by JAMES E. REALPH, Authorized Representative of the City of Blair
iy / it Vey , Authorized Representative of Memorial
Community Hospital.
.[;11
Notary Public
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