ORDINANCE NO. 630
AN ORDINANCE OF THE CITY OF ELGIN, NEBRASKA, TO REPEAL ORDINANCE NO. 629; TO VACATE A PORTION OF 1ST STREET; TO PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND TO PROVIDE FOR THE PUBLICATION OF THIS ORDINANCE IN ACCORDANCE WITH STATE LAW.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ELGIN, NEBRASKA;
Section 1: That Ordinance No. 629, adopted by the Elgin City Council on April 2, 2012, is hereby repealed.
Section 2: That a parcel of real estate, legally described hereinafter, as indicated on Exhibit “A”, attached hereto and incorporated herein by reference, shall be vacated:
A PART OF FIRST STREET LYING BETWEEN THE SOUTH LINE OF MAPLE STREET AND THE NORTH LINE OF PINE STREET, ALL IN THE CITY OF ELGIN, ANTELOPE COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF LOT 13, BLOCK 4, ORIGINAL TOWN, CITY OF ELGIN; THENCE S88º14’02”W, AND ON THE NORTH R.O.W. LINE OF PINE STREET, 6.03 FEET; THENCE N07º12’21”W, AND PARALLEL WITH THE EAST R.O.W. LINE OF SAID FIRST STREET, 302.07 FEET TO A POINT ON THE SOUTH R.O.W. LINE OF MAPLE STREET; THENCE N88º 15R’09”E, AND ON THE SOUTH R.O.W. LINE OF MAPLE STREET, 6.03 FEET TO A POINT ON THE EAST R.O.W. LINE OF FIRST STREET; THENCE S07º12’21”E, AND ON THE EAST R.O.W. LINE OF FIRST STREET, 302.07 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.04 OF AN ACRE MORE OR LESS; COMMONLY KNOWN AS THE WEST SIX (6) FEET OF FIRST STREET BETWEEN MAPLE STREET AND PINE STREET, ELGIN, ANTELOPE COUNTY, NEBRASKA.
Section 3: This vacation is made pursuant to section 17-558 (1) of the Nebraska Revised Statutes, as amended, and title to all land comprising said portion of said street shall vest in the owner(s) of the abutting property as provided in said Section.
Section 4: The vacation of said street shall be subject to the City of Elgin, Nebraska reserving the right to maintain, operate, repair, and renew public utilities existing at the time title to the properly is vacated; and there is reserved to the City, any public utilities, and any cable television systems the right to maintain, repair, renew, and operate water mains, gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission lines, and other similar services and equipment and appurtenances, including lateral connections or branch lines, above, on, or below the surface of the ground that are existing as valid easements at the time title to the property is vacated for the purposes of serving the general public or the abutting properties and to enter upon the premises to accomplish such purposes at any and all reasonable times.
Section 5: That this Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by State Law.
Approved and passed by the governing body of the City of Elgin, Nebraska this 1st day of May, 2012.
CITY OF ELGIN, NEBRASKA
Mike Schmitt, Mayor
Vicki S. Miller, City Clerk
Publish: May 16, 2012
ORDINANCE NO. 630