E299> 353
F I LE D
RELEASE OF EASEMENT
2008 JAN 31 PM 2'. 33
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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that said easement is no longer applicable.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.
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Brenda R. Wheeler, City Clerk
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WASH NGTON COUNTY, STATE OF NEBRASKA Recorded ✓
RECORDED . f� 1,� AT M. General
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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
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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
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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
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COUN CLERK
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PASSED AND APPROVED this 24th day of July, 2001.
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CITY OF BLAIR, NEBRASKA
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C>..< IC L A. M S, MAYOR
ATTEST;
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. BRENDA JkPtAYL , CITY CLERK
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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
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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