VA 2000-38
RESOLUTION N0.2000 - 38
COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, an Agreement between the City of Blair, Nebraska, and Blair Area Young Men's
Christian Association ("YMCA") has been prepared and presented to the City Council providing for
..............the terms and provisions-ofthe-vacation-and transfer-of property, a copy of-which Agreement is
attached hereto, marked Exhibit "A" and by this reference made a part hereof, and
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is
hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized
and directed to execute same on behalf of the municipality.
COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAII) MOTION WAS SECONDED BY COUNCILMEMBER FANOELE. UPON ROLL
CALL, COUNCILMEMBERS WRITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL,
ABBOTT, BOEKA AND RYAN VOTING "AYE", AND COUNCILMEMBERS NONE VOTING
"NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
ADOPTED THIS 10TH DAY OF OCTOBER, 2000.
CITY OF BLAIR, NEBRASKA
B~ .
CHAEL A. MINES, YOR
ATTEST:
BREI~I3,,A ~~ TAYLOR,
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STATE OF NEBRASKA )
as:
WASI~INCpTON COUNTY )
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 Resolution was passed
and adopted at a regular meeting of the Mayor and City Council of said city held on the. l 0TH day of
October, 2000.
L
BRENDA R. TAYLOR, CIT LERK
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AGRElEl1V1ZENT
THIS AGREEMENT, entered into this ~ day of -~ - ~ , 2000, by and between
Blair Area Young Men's Christian Association, (hereinafter referred to as "YMCA") and the City
of Blair, Nebraska (hereinafter referred to as "City").
WHEREAS, YMCA is the fee simple title owner of Lot 3 in Wilson's Addition to the City
of Blair,...Washington-County, Nebraska,-and Tux Lot 173 lying in-the NEl/4--of-the NWl/4--of
Section 13, Township 18 North, Range 11 East of the 6t"Principal Meridian, Washington County,
Nebraska (hereinafter the "Real Estate") and desires to construct improvements thereon; and
WHEREAS, Prospect Avenue is a dedicated street which crosses said Real Estate and that
YMCA desires City to vacate that portion of Prospect of Avenue and transfer and convey ownership
of the same to YMCA and that; in exchange for such vacation and transfer, YMCA agrees to transfer
and convey to City an area 33 feet in width along the entire southern and eastern botuldaries of Tax
Lot 173 lying in the NE1/4 of the NW1/4 of Section 13, Township .18 North, Range I 1 East of the
6`" Principal Meridian, Washington County, Nebraska and an area 33 feet in width along the entire
eastern boundary of Lot 3 in Wilson's Addition to the City of Blair, Washington County, Nebraska.
FOR VALUABLE CONSIDERATION and the mutual covenants and promises herein, the
parties hereto agree as follows:
1. Vacation and Transfer of Prospect Avenue: City does hereby agree to vacate and
abandon that portion of Prospect Avenue lying east of U.S. Highway 75 and the right-of--way
of Tenth Street, all located in the NW 1/4 of Section 13, Tov~niship 18 North, Range 11 East
of the 6`"Principal Meridian, more particularly described as follows: Beginning at the North
Quarter Corner of Section 13, Township 18 North, Range 11 East of the 6TH P.M. and
assuming theNorth/South 1/41ine to bear S 00°02'48" W; Thence S 00°02'48" W along said
North/South 1/4-line a distance of 319.44 feet; thence West a distance of 20' feet; thence S
00°02'48" W along a line 20.00 feet West of and parallel to the North/South 1/4 line of
Section 13 a distance of 693.72 feet to the point of beginning; thence S 89°56'19" W to a
point on the Easterly right-of--way of U.S. Highway 75 (13`" Street); thence Southerly along
said Easterly right-of--way to a point 50.00 feet South of the last described course; thence N
89°56'19" E along a line 50.00 feet south of and parallel to said course to a point 20.00 feet
West of the North/South 1/4 line of Section 13; thence N 00°02'48" E to the point of
beginning, all lying in the NW 1/4 of Section 13, Township 18 North, Range 11 East of the
6`" P.M., Washington County, Nebraska. City agrees to transfer and convey its interest in
said abandoned and vacated Prospect Avenue unto YMCA subject to any easements for
public utilities. _
2. Conveyance by YMCA: In consideration of the vacation and conveyance of said
Prospect Avenue, YMCA does hereby agree to transfer and convey unto City the South 33
feet and'the East 33 feet of Tax Lot 173 lying in the NE1/4 of the NW1/4 of Section 13,
Township 18 North, Range 11 East of -the 6`" Principal Meridian, Washington County,
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Nebraska, and the East 33 feet of Lot 3 in Wilson's Addition to the City of Blair,
Washington County, Nebraska.
3. Existing Water Line: YMCA agrees and understands that there is an existing water
line located within the boundary of said vacated Prospect Avenue; provided, further, that
YMCA shall not impair or damage said water line and, in the event the water line interferes
with any improvements contemplated by YMCA, YMCA shall cause such water line to be
relocated at its expense; provided, further, that in the event City constructs and-installs a
...........replacement water...line along-the-South33 feet of Tax Lot173 lyrng in the NEIJ~I ofthe
NWlJ4 of Section 13, Township 18 North, Range 11 East of the 6th Principal Meridian,
Washington County, Nebraska, then, and in that event, City will abandon the use of the water
line on Prospect Avenue, and the obligation of YMCA in regard to said Prospect Avenue
water line shall terminate.
4: Existing Utilities: The YMCA shall accept ownership of vacated Prospect Avenue
subject to any easements for any public utility lines.
5. Bindin Eg ffect: This Agreement shall be binding upon and inure to the benefit of
the parties hereto, their heirs, successors and assigns.
BLAIR AREA YOUNG MEN' S CHRISTIAN
AS SOCIATIOT?
By s
CITY OF BLAIR, NEBRASKA.
By