COUNCIL AGENDA MEMO ITEM NO. III - #1

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1 COUNCIL AGENDA MEMO ITEM NO. III - #1 FROM: Anton Jelinek, Director of Utilities MEETING: October 24, 2017 SUBJECT: PRESENTER: Permanent Utility and Right-of-Way Easement Anton Jelinek Discussion: At the May 23, 2017 City Council approved a Developer Constructed Infrastructure Agreement with Grand West L.L.C. The agreement was for the construction of a water, sanitary sewer, storm sewer, and pavement infrastructure meeting City specifications, extending 11th Avenue through un-platted property north of the Fountain Hills Ninth Addition, from approximately 644 feet northeast of the existing intersection of 48th Street and 11th Avenue northward to the existing end of 11th Avenue which is approximately 184 feet south of the intersection of West 55th Street Place and 11th Avenue. In addition to the construction of the water main, sanitary sewer main and paving, the agreement also required the Owner/Developer to convey a Permanent Right-of-Way & Utility Easement for the infrastructure to the City. The Owner/Developer has signed the easement. Before the City can accept the easements the City Council must conduct a public hearing on the matter. Nebraska Revised Statute requires that a City of the first class acquiring an interest in real property shall do so only after the governing body has authorized the acquisition by action taken in a public meeting after notice and a public hearing. Fiscal Note: There is no adverse financial impact to the City regarding the acquisition of the Easements. Recommended Action: Staff recommends that the Council conduct the public hearing and approve the resolution authorizing the acquisition of the Permanent Right-of-Way & Utility Easement and authorize Administration to file the easement at the Buffalo County Register of Deeds. We provide services, solutions, and opportunities for our community.

2 RESOLUTION NO WHEREAS, Section , R.R.S., authorizes a city acquiring an interest in real property by purchase or eminent domain to do so only after the City Council has authorized the acquisition by action taken in a public meeting after notice and public hearing; and WHEREAS, the City Council has held a public hearing upon the proposed acquisition for a Permanent Right-of-Way & Utility Easement and voted in favor to proceed with the acquisition; and WHEREAS, Grand West, LLC, a Nebraska Limited Liability Company, by Scott Kummer, Vice President and Manager of Morrison Enterprises, LLC, Sole Member of Grand West, LLC, a Nebraska Limited Liability Company and Anna L. Stehlik, Trustee has granted to the City of Kearney, Nebraska a Permanent Right-of-Way & Utility Easement as follows: PERMANENT RIGHT OF WAY & UTILITY EASEMENT A tract of land being a part of the East Half of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska dedicated for Permanent Right-of-Way and Utility Easement purposes. Said Permanent Right-of- Way and Utility Easement to be feet on each side of following described centerline: Referring to a pot at the Southwest corner of the Northwest Quarter of Section 26 and assuming the South line of said Northwest Quarter as bearing S 89 48'05 E and all bearings contained herein are relative thereto; thence S 89 48'05 E on said South line of the Northwest Quarter a distance of feet to the West line of 11th Avenue as shown and dedicated on Fountain Hills Third Addition, a Subdivision to the City of Kearney, Buffalo County, Nebraska, also being the Southeast corner of Outlot "B", Fountain Hills Fifth Addition, an Addition to the City of Kearney, Buffalo County, Nebraska; thence Northeasterly on said West line of 11th Avenue of Fountain Hills Third Addition and on a non-tangent curve to the Right having a central angle of 21⁰19'48, a radius of feet, and arc length of feet, and a chord bearing N 31⁰44'51 E a distance of feet; thence N 42⁰24 45 E continuing on said West line of 11th Avenue of Fountain Hills Third Addition a distance of feet; thence continuing on said West line of 11th Avenue of Fountain Hills Third Addition and on a tangent curve to the Left having a central angle of 67⁰54'15, a radius of feet, an arc length of feet, and a chord bearing N 08⁰27'37 E a distance of feet to a 5/8 rebar w/cap; thence N 25 29'30 W continuing on the West line of said 11th Avenue of Fountain Hills Third Addition a distance of feet to a 5/8 rebar w/cap at the Northeast corner of Lot 1, Fountain Hills Ninth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence N 67 27'24 E on the North line of said Fountain Hills Third Addition a distance of feet to the centerline of said 11th Avenue of Fountain Hills Third Addition, and the ACTUAL POINT OF BEGINNING; thence N 25 29'29 W a distance of feet; thence Northerly on a tangent curve to the Right having a central angle of 18 00'18, a radius of feet, an arc length of feet, and a chord bearing N 16⁰29'20 W a distance of feet; thence N

3 Resolution No Page '11 W a distance of feet to the centerline of 11th Avenue as shown and dedicated on the South line of Fountain Hills Second Addition, a Subdivision to the City of Kearney, Buffalo County, Nebraska and the POINT OF TERMINATION. The side lines of said feet wide Permanent Right-of-Way and Utility Easement to be lengthened or shortened to form a continuous strip, said foot Easement contains 1.65 acres, more or less, Buffalo County, Nebraska. NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Permanent Right-of-Way & Utility Easement granted by Grand West, LLC, a Nebraska Limited Liability Company, by Scott Kummer, Vice President and Manager of Morrison Enterprises, LLC, Sole Member of Grand West, LLC, a Nebraska Limited Liability Company and Anna L. Stehlik, Trustee to the City of Kearney be and is hereby approved and accepted. PASSED AND APPROVED THIS 24TH DAY OF OCTOBER, ATTEST: LAUREN BRANDT CITY CLERK STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR

4 PERMANENT RIGHT OF WAY & UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That Grand West, LLC, a Nebraska Limited Liability Company, by Scott Kummer, Vice President and Manager of Morrison Enterprises, LLC, Sole Member of Grand West, LLC, a Nebraska Limited Liability Company and Anna L. Stehlik, Trustee, the Grantors herein, in consideration of the covenants and agreements herein expressed, and of the sum of Five Dollars ($5.00) and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant, release and convey to the CITY OF KEARNEY, NEBRASKA, a Municipal Corporation, herein referred to as City or Grantee, and its successors and assigns forever, a perpetual right-of-way over and across and a permanent easement in, over, under, upon and through the following described land for Right of Way and for the purposes of constructing, operating, using, replacing, repairing and maintaining a road, a water main, sanitary sewer main and other public utilities and appurtenances thereto belonging, together with the right of access to said Right of Way and easements for said purposes: Permanent Right of Way & Utility Easement A tract of land being a part of the East Half of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska dedicated for Permanent Right-of-Way and Utility Easement purposes. Said Permanent Right-of- Way and Utility Easement to be feet on each side of following described centerline: Referring to a pot at the Southwest corner of the Northwest Quarter of Section 26 and assuming the South line of said Northwest Quarter as bearing S 89 48'05 E and all bearings contained herein are relative thereto; thence S 89 48'05 E on said South line of the Northwest Quarter a distance of feet to the West line of 11th Avenue as shown and dedicated on Fountain Hills Third Addition, a Subdivision to the City of Kearney, Buffalo County, Nebraska, also being the Southeast corner of Outlot "B", Fountain Hills Fifth Addition, an Addition to the City of Kearney, Buffalo County, Nebraska; thence Northeasterly on said West line of 11th Avenue of Fountain Hills Third Addition and on a non-tangent curve to the Right having a central angle of 21⁰19'48, a radius of feet, and arc length of feet, and a chord bearing N 31⁰44'51 E a distance of feet; thence N 42⁰24 45 E continuing on said West line of 11th Avenue of Fountain Hills Third Addition a distance of feet; thence continuing on said West line of 11th Avenue of Fountain Hills Third Addition and on a tangent curve to the Left having a central angle of 67⁰54'15, a radius of feet, an arc length of feet, and a chord bearing N 08⁰27'37 E a distance of feet to a 5/8 rebar w/cap; thence N 25 29'30 W continuing on the West line of said 11th Avenue of Fountain Hills Third Addition a distance of feet to a 5/8 rebar w/cap at the Northeast corner of Lot 1, Fountain Hills Ninth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence N 67 27'24 E on the North line of said Fountain Hills Third Addition a distance of feet to the centerline of said 11th Avenue of Fountain Hills Third Addition, and the ACTUAL POINT OF BEGINNING; thence N 25 29'29 W a distance of feet; thence Northerly on a tangent curve to the Right having a central angle of 18 00'18, a radius of feet, an arc length of feet, and a chord bearing N 16⁰29'20 W a distance of feet; thence N

5 Permanent Right of Way & Utility Easement Page '11 W a distance of feet to the centerline of 11th Avenue as shown and dedicated on the South line of Fountain Hills Second Addition, a Subdivision to the City of Kearney, Buffalo County, Nebraska and the POINT OF TERMINATION. The side lines of said feet wide Permanent Right-of-Way and Utility Easement to be lengthened or shortened to form a continuous strip. Said foot Easement contains 1.65 acres, more or less. That a plat of the location of said easement, marked exhibit A, is attached hereto and made a part hereof by reference. The afore-said easements are executed, delivered and granted upon the following conditions, to-wit: 1. Grantors and their heirs and assigns hereby release and relinquish unto the City of Kearney, any and all right, claim or demand that they may now or hereafter have against the City in connection with the construction and maintenance of said Water, Sanitary Sewer Main and Public Utilities, provided the Grantee, its agents and employees, assigns and successors shall, as soon as practicable after construction of said Water, Sanitary Sewer and Public Utilities and all subsequent alterations and repairs thereunto, restore affected property of the Grantors to a neat and presentable condition and as nearly as practicable to its pre-construction condition, this covenant to run with the land. 2. Grantors hereby grant the right to have and hold the afore-described permanent and perpetual easement to the City of Kearney, Nebraska, and its successors and assigns, together with the right of ingress and egress for the purpose of inspecting, repairing, maintaining and renewing said Sanitary Sewer Main or removal thereof in whole or in part. 3. The parties hereby agree that the purpose of this acquisition is by a municipality for public utility purposes outside the corporate limits of the City of Kearney and is an acquisition for water and sanitary sewer pipeline facilities as defined by Neb. Rev. Stat (2), R.R.S., and that the provisions of Chapter 25, Article 25 of the Nebraska Revised Statutes and Section , R.R.S. are not applicable to this acquisition. This instrument, and the covenants and agreements herein contained, shall inure to the benefit of and be binding and obligatory upon the heirs, executors, administrators, successors and assigns of the respective parties.

6 Permanent Right of Way & Utility Easement Page 3 Dated this day of, By Grand West, LLC, a Nebraska Limited Liability Company, by Scott Kummer, Vice President and Manager of Morrison Enterprises, LLC, Sole Member of Grand West, LLC, a Nebraska Limited Liability Company STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of, 2017, by Grand West, LLC, a Nebraska Limited Liability Company, by Scott Kummer, Vice President and Manager of Morrison Enterprises, LLC, Sole Member of Grand West, LLC, a Nebraska Limited Liability Company. Notary Public By Anna L. Stehlik, Trustee STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of, 2017, by Anna L. Stehlik, Trustee. Notary Public

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