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E299> 353 F I LE D RELEASE OF EASEMENT 2008 JAN 31 PM 2'. 33 "' STATE OF NEBRASKA ) WAS 1 -i , ;c; c rd �CUNTY )ss. REGIS1' k OF DEEDW COUNTY OF WASHINGTON } OLAI Nil The City of Blair hereby releases Easement filed on the real estate in Book 341 at page 357 -359 for the property legally described in Ordinance No. 1927 vacating 21 Street as follows and authorized to be released by the attached Resolution No. 2007 -40: THAT PORTION OF VACATED TWENTY FIRST 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 ST STREET RIGHT OF WAY A DISTANCE OF 329.67', THENCE WEST 90 A DISTANCE OF 15' ON SAID 21 STREET RIGHT OF WAY, THENCE SOUTH ON SAID RIGHT OF WAY TO POINT OF BEGINNING. The City of Blair hereby authorizes the Washington County Register of Deeds Office to release the above - described Easement on said real estate in that said easement is no longer applicable. IN WITNESS WHEREOF, the undersigned has executed this document in Blair, Nebraska on this 31 day of January, 2008. ,,%1, k *, SLA /,? { 1 . (Seal) Q� w ' • 1W , . Brenda R. Wheeler, City Clerk 4 0 0 80 0 qw WASH NGTON COUNTY, STATE OF NEBRASKA Recorded ✓ RECORDED . f� 1,� AT M. General Numerical BOOK PAGE(S' , ,3 6rl Photostat AQA&ry CL tqadA6rV Proofed Scanned MISMOFDEEDS 3 53 ' 354 RESOLUTION 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 one 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, W OLFF, 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. CITY OF BLAIR, NEBRASKA ATTEST: . L��l X-MLM� BRENDA. R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) BY <� E. REALP.H, MAYOR 354 I 355 ):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, CTi'X CLERK 355 356 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 X1927 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 21S 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; and 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: 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 Q v�nersWp Any water main or sewer main remaining on said easement shall become the nrouerty and remonsibUity ofthe 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 Nol100'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. 1 3 56 r r 357 6. Payment and Release Upon completion of water line relocation and payment to City, the City shall fimrnish 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 sub,�ect 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. CITY OF BLAIR, STATE OF NEBRASKA. COUNTY OF WASHINGTON S E. REALPH, MAYOR BY F I�1.,�ir f "`LhZ '"' - X 1 - JTHORf0ED REPRE TATIVE OF MEMORIAL COMMUNITY HOSPITAL The foregoing instrument was acknowledged before me on the ( day of 1-e ... L.! ( _, 2007, by JAMES E. REALPH, Authorized Representative of the City of Blair and by fidryekl Authorized Representative of Memorial C oiiu"'lu%ii y H os pital. �dE:F! NDlW - SW of Nebmka BRENt1A R.1tE11iEE#.,�Q MyanmrihWJ 02(1,20 Notary Public 2 357 ORDINANCE NO. 1927 AN ORDINANCE VACATING THAT PORTION OF 21 ST 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°, A DISTANCE OF 15' ON SAID 21 STREET RIGHT OF WAY, THENCE SOUTH ON SAID RIGHT OF WAY TO POINT OF BEGINNING. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. The portion of 21s' 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 21s Street, thence South on said 21s Street right of way a distance of 329.67', thence West 90 °, a distance of 15' on said 21 Street right of way, thence South on said right of way to point of beginning, is hereby declared to be vacated on September 15, 2001; providing, however, from and after the effective date of the vacation, the City of Blau, for itself or its assignees, hereby reserves (i) a perpetual easement over and across the above- described portion of 21S Street for any public or private utilities located, or which may be located or installed, in said vacated street, including but not limited to water lines, sewer lines, telephone, gas or cable television lines; and (ii) a perpetual easement over and across an area at the southernmost end of the vacated portion of 21s' street, which area shall have a radius of fifty feet (50') and is to be used as a street cul -de -sac for the public use. 3 58 ,4­5 7 ( ,"-f r (! , 5 g; SECTION 2. The ownership of the vacated portion of 21" street shall revert to the adjacent landowner, namely, Memorial Community Hospital Corporation, Blair, Nebraska ( "Hospital ") provided that Memorial Community Hospital shall construct , at its cost, a concrete cul -de -sac with a fifty feet (SO') radius, at the southernmost end of the vacated portion of 21' Street, said cul -de -sac to be designed and constructed pursuant to the applicable City and State specifications for public streets. The Mayor and City Clerk are hereby authorized to execute and deliver the Agreement with Hospital which is attached hereto and incorporated by this reference herein. 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. ATTEST; 4 2 G� . BRENDA JkPtAYL , CITY CLERK ( II ( i E) y .� ,,�� tea•` < 1 4 r (: 3 59 4,001333'7 STATE OF NEBRASKA COUNTY OF WASHINGTON)SS ENTERED IN NUMERICAL INDEX AND FILED FOR RECORD TNIScQ'7} b DAY OF A.D. 20.E AT.:.CO'CLOCK -A AND RECORDED IN BOOK _.__ _ ATPAGE.. O .... 59 COUN CLERK DEPUTY J R�1 Med Gene .._,..�.� Numerical '` � Photostat r— Prooted PASSED AND APPROVED this 24th day of July, 2001. Y• 1� CITY OF BLAIR, NEBRASKA � cc cc cv L _J �� Py �K C>..< IC L A. M S, MAYOR ATTEST; 4 2 G� . BRENDA JkPtAYL , CITY CLERK ( II ( i E) y .� ,,�� tea•` < 1 4 r (: 3 59 4,001333'7 STATE OF NEBRASKA COUNTY OF WASHINGTON)SS ENTERED IN NUMERICAL INDEX AND FILED FOR RECORD TNIScQ'7} b DAY OF A.D. 20.E AT.:.CO'CLOCK -A AND RECORDED IN BOOK _.__ _ ATPAGE.. O .... 59 COUN CLERK DEPUTY J R�1 Med Gene .._,..�.� Numerical '` � Photostat r— Prooted 360 STATE OF NEBRASKA ) ) :ss: WASHINGTON 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 Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 24 day of July, 2001. BRENDA R. TAYLOR, 61TY CLERK -7 CITY OF BLAIR 218 S 16TH ST BLAIR, NE 68008 Voice: 402/426 -4191 Fax: 402/426 -4195 Sold To: MEMORIAL COMMUNITY HOSPITAL 810 N 22ND STREET BLAIR, NE 68008 Customer ID :MCH Customer PO Payment Terms Due at end of Month Description RELOCATE WATER LINE FEE PER AGREEMENT .7 *'W, So 2Q0� vny Sales Rep ID Check No: Subtotal Sales Tax Total Invoice Amount Payment Received TOTAL Invoice Invoice Number: 1568 Invoice Date: 8/28/07 Page: 1 Due Date' 8/31/07 Amount 12,000.00 12,000.00 12,000.00 0.00 12,000.00