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VA 2009-2157.~ s ~^~> ~_ ~ z 6 0 6 ~ = _ _ .-- =.- 2009 ~~Y t 2 A~ 9~ ©5 ORDINANCE NO. 2157 I<,^-~F;`~ -,. ~5;~,i~S~ VdASh1PdG~'tJi~i C©L'NtY COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINA~~'',,`~~-.~~ , pEEDS AN ORDINANCE VACATING 10' FROM THE NORTH SIDE OF THE RIGHT-OF-WAY ALONGWILBUR STREET BETWEEN 13TH AND 16TH STREETS AND VACATING ALL OF 14TH STREET RIGHT OF WAY NORTH OF BUTLER STREET AND SOUTH OF SOUTH CREEK IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, RESERVING, HOWEVER, UNTO THE CITY OF BLAIR A PERPETUAL EASEMENT FOR UTILITIES LOCATED IN SAID AREA, INCLUDING BUT NOT LIMITED TO WATER AND SEWER LINES, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. That the north side of Wilbur Street has excess right-of--way that is not necessary for the needs of the City of Blair. As a result, the area consisting of 10' from the north side of the right-of--way along Wilbur Street between 13tH and 16tH Street is hereby vacated and the ownership of the same, pursuant to Neb. Rev. Stat. 16-611, shall vest in the owners abutting property and become part of such property, providing, however, the City of Blair hereby reserves a perpetual easement for utilities located in said area, including but not limited to water and sewer lines. SECTION 2. That 14tH Street north of Butler Street and south of South Creek is a dedicated street that will never connect due to the requirement for construction of a major box culvert to cross South Creek which is not practical with the highway only one block away to the east, has been deemed not necessary for public use. As a result, all of this public street right-of--way known as 14tH Street north of Butler Street and south of South Creek is hereby vacated and the ownership of the same, pursuant to Neb. Rev. Stat. 16-611, shall vest in the owners abutting property and become part of such property, providing, however, the City of Blair hereby reserves a perpetual easement for utilities located in said area, including but not limited to water and sewer lines. ~~ ~ ~0 7 SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. 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 28th day of APRIL, 2009. CITY OF BLAIR, NEBRASKA -- ~ 1~~~ J M S E. REALPH, MAYOR ATTE_~'T: ~ ~ ~ ~ '~'~ ~~ ~*~ ~ ~ t -1 - ~' '\ 1i~-6 }~1~ ~ ~ ~~ BRENDA R. WH ~~ELER, CITY CLERK (SEAL) t ~';~TATE OF NE$~RASKA ) ~~~ ~:, ,~ ~ '~ ~ ):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 Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 28th day of April, 2009. BRENDA R. WHEELER, CITY CLERK aoo9oao89 WASHINGTON COUNTY, STATE OIa NEBI:ASI~A RECQRDED~' d., a~a9 A~~M. soon __5~_9 - -.~AGEcs).~v~- _~09 }(cvw~-v 0.. M1.ac~t~n1 PtiEGISTER OF DEEDS i~ecorded `~ general / ~!~merical !'hotostat goofed Scanned 0 7 CITY OP BI,~~IR ~ ~~~ TO: Property Owner FROM: Brenda Wheeler, City Clerk RE: Vacation of excess right of way along north side of Wilbur between 13th and 16th Streets, Blair, Nebraska -See attached map DATE: May 5, 2009 The City staff and City Council of Blair periodically review all street right of way that is in excess of 60' in width to determine the necessity for the City to keep the extra right of way. After studying the right away along Wilbur Street abutting your property, it was determined the right of way, which is currently 70' in width, could be reduced without negatively affecting the City's ability to construct and maintain our street, water and sewer infrastructures. Therefore, at the regular meeting of the Mayor and City Council on Apri124, 2009, Ordinance No. 2157 was passed by the Council vacating 10' of excess right of way along the north of Wilbur Street between 13th and 16`h Streets in Blair adjacent to your property. State Statute requires any property vacated by a city revert to the owners of the adjacent real estate unless specifically held by the city. In this situation, the City of Blair has decided to not retain title to this land. Therefore, ownership of this vacated 10' of excess right of way will be appended to your real estate. For those property owners whose parking areas were on right of way, this 10' of property may give you additional area allowing you to not park on public right of way. We have filed the necessary paperwork to make this change to your property boundaries with the County Register of Deeds, who will in turn contact the County Surveyor and County Assessor to update their records as well. You are not required to take any further action. Please note the City of Blair has retained a utility easement over the vacated area in order to construct, repair and maintain any and all utilities including but not limited to water, storm sewer, sanitary sewer, electric, natural gas, telephone, cable, television, etc. Enclosed is a copy of the ordinance for your reference. If you have any questions, feel free to contact me. 218 South 1 bth Street • Blair, Nebraska 68008 • 402-426-4191 • Fax 402-426-4195 E-mail cityofblair@ci.blair.ne,us CITY OF BL~~IR TO: Property Owner FROM: Brenda Wheeler, City Clerk RE: Vacation of excess 14th Street right of way north of Butler Street and south of South Creek, Blair, Nebraska -See attached map DATE: May 5, 2009 The Blair City staff and City Council periodically review all City property, including street right of way, to determine whether it still serves a useful public purpose or whether it should be sold or vacated and allowed to revert back to the adjoining property owners for their use. In reviewing the above property, 14th Street north of Butler, it was determined there will never be a need to extend 14th street to the north; and therefore, it would be in the public interest to vacate the right of way and allow it to revert back to the adjoining property owners. At the regular meeting of the Mayor and City Council on April 24, 2009, Ordinance No. 2157 was passed by the Council vacating all of 14th Street north of Butler Street and south of South Creek adjacent to your property. State Statute requires any property vacated by a city revert to the owners of the adjacent real estate unless specifically held by the city. In this situation, the City of Blair has decided to not retain title to this land. The ownership of one half of the vacated 60' excess right of way will be appended to your real estate. We have filed the necessary paperwork to make this change to your property boundaries with the County Register of Deeds, who will in turn contact the County Surveyor and County Assessor to update their records as well. You are not required to take any further action. Please note the City of Blair has retained a utility easement over the vacated area in order to construct, repair and maintain any and all utilities including but not limited to water, storm sewer, sanitary sewer, electric, natural gas, telephone, cable, television, etc. Enclosed is a copy of the ordinance for your reference. If you have any questions, feel free to contact me. L.=1 218 South 16th Street • Blair, Nebraska 68008 • 402-426-4191 • Fax 402-426-4195 E-mail cityofblair@ci,blair,ne.us oW ,.~.. -,~~se of a~