2011-06RESOLUTION NO. 2011 -6
COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION:
DECLARATION AS TO USE
WHEREAS; the City of Blair, Nebraska is the owner of BC ALL OF BLK 9 & PT OF VAC
ST NE RR ROW 114 PC 1 Blair, Nebraska, and
WHEREAS said BC ALL OF BLK 9 & PT OF VAC ST NE RR ROW 114 PC 1_Blair,
Nebraska, is now being occupied by the City Lions Park, and
WHEREAS; The City of Blair hereby wishes to construct, operate, and maintain a bike
trail and restored train depot across a portion of said property, and
WHEREAS; The bike trail and restored train depot is to be constructed as part of
Nebraska Department of Roads project ENH- 89(26), Control Number 22355, and identified as
Depot In The Park, and
WHEREAS; To comply with Federal Highway Administration 23 CFR 1.23(a) —
"Interest to be acquired — The State shall acquire rights -of -way of such nature and extent as are
adequate for the construction, operation, and maintenance of a project "; It is necessary for the
City of Blair, Nebraska to declare that a portion of said property shall be used for the
construction, operation, and maintenance of a Bike Trail and Restored Train Depot for a period
of no less than twenty five years from the completion of its construction, and
NOW THEREFORE, BE IT RESOLVED; that the Mayor and City Council of the
City of Blair, Nebraska, hereby approves the use of a portion of said land owned by the City of
Blair for the construction, operation, and maintenance of a Bike Trail and Restored Train Depot
as shown on attached Exhibit "A ", and as aligned in project plans and specifications for Nebraska
Department of Roads project ENH- 89(26), Control Number 22355, and identified as Depot In
The Park, for a period of no less than twenty five years from the completion of its construction.
COUNCIL MEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER STEWART.
UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, RYAN,
CHRISTIANSEN, WOLFF, HALL AND JENSEN VOTING "AYE ", AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND ADOPTED THIS 8TH DAY OF MARCH, 2011.
CITY OF BLAIR, NEBRASKA
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ATTEST:
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BRENDA W CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :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 8th day of
March, 2011.
Declarations as to Use
A critical component of any federal aid public transportation project are the land rights needed to
facilitate the construction operation and maintenance of the project in accordance with Federal
Highway Administration 23 CFR 1.23(a) — "Interest to be acquired —The State shall acquire rights -of -way
of such nature and extent as are adequate for the construction, operation, and maintenance of a
project ". These rights ensure that the transportation facility, and the various components and features
that they are comprised of, have a legal right to exist on the land and so that they cannot be displaced
by a competing land use before a return on the investment has been realized. The transportation
facility itself primarily consists of public roads, sidewalks, and multi use trails. Permanent supporting
features of the transportation facility typically include items such as culverts, storm sewers,
embankments, ditches, curb ramps, bridges, street lighting, traffic signals, sight distance, or any other
items that if altered or removed could jeopardize the continued operation and maintenance of the
facility as intended. Permanent land rights encompassing all of these features must be secured by, or
made available to the sponsoring agency to ensure the transportation facility can meet its objectives
and be eligible for federal aid.
Because the transportation facility is a public use feature it must reside on public right of way or land
that is dedicated for this use. Land that was previously purchased, platted, or otherwise dedicated for
public right of way is available for the projects use. Similarly, permanent easement rights that are
owned or are otherwise made available to the sponsoring agency may be used for the purpose for which
they were acquired for. Rights for any additional areas that are required for the project will need to be
acquired from the owning party through the standard design - appraisal- acquisition process or other
acceptable means.
At times the transportation facility, or a supporting feature of it, will require the use of property that is
currently owned by the local public agency project sponsor. This land is available for project use if a
purpose consistent with the project needs was either identified as part of the purchase, or was later
identified through a declaration or dedication. Land that was simply purchased in the sponsoring
agencies name, or for a purpose that is not consistent with the transportation projects needs, cannot
readily be used for the project as is. Examples of this situation typically occur when the local public
agency simply purchased the property in their name for some possible future use, because it became
available on the market, or it was acquired for a non transportation use such as a park, school, library,
city office, pool, retirement home, sports complex, maintenance yard, cemetery, etc. Because the
project sponsor already has the ownership in these lands only the purpose or use consistent with the
requirements of the project needs to be established and of record. This is typically done through the
execution of a "Declaration as to Use" resolution by the sponsoring agency.
This "Declaration as to Use" is processed by the sponsoring agency in accordance with their resolution
execution procedures. One approved a copy must be placed on file at the register of deeds office. This
must be accomplished in order for a right of way certificate can be issued for the project. The resolution
language must indicate the legal description that geographically identifies the location of the land, the
owner of the land, what is its currently used for (if applicable), who currently administers the land (if
applicable), the portion that will be declared for transportation use, the project number(s) the
transportation facility is being built under (State's and LPA's if used), a reference to Federal Highway
Administration 23 CFR 1.23(a), and length of duration declaration is in affect (perpetuity or minimum of
25 years from completion of its construction). The portion that is to be declared for transportation use
is usually identified on a survey plat attached as an exhibit, or geographically described in the
Declaration as to Use document itself. If the declaration is for a specific project feature that can be
readily identified in the field such as a sidewalk or bicycle pedestrian trail an attached exhibit showing
the location of the feature can be used instead of the survey plat or geographic description. In this case
the reference to the project number(s) and Federal Highway Administration 23 CFR 1.23(a) establishes
that any areas necessary for the construction, operation, and maintenance of the transportation facility,
to including its supporting components and features, are included in the declaration. Example
"Declaration as to Use" language is available from the Nebraska Department of Roads. These examples
maybe modified to reflect any language or formatting specific to the LPA. Draft Declaration language
should be reviewed and approved by Nebraska Department of Roads officials prior to the LPA passing
the resolution to be sure it meets the project needs.
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