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} 201403167 DECLARATION AS TO USE WHEREAS; the City of Grand Island is the owner of a portion of the North Half of Fractional Section 7 , and a portion of the Northwest Quarter of Section 8 , both located in Township 11 North , Range 9 West of the Sixth Principal Meridian, Hall County, Nebraska, and WHEREAS; said portion of the North Half of Fractional Section 7 , and said portion of the Northwest Quarter of Section 8 , both located in Township 11 North , Range 9 West of the Sixth Principal Meridian, Hall County, Nebraska, are now being occupied by drainage facilities and utility facilities , and WHEREAS; The City of Grand Island hereby wishes to construct, operate, and maintain a pedestrian facilities, drainage facilities, and retaining walUacilities across a portion of said property, and WHEREAS; The pedestrian facilities, drainage facilities, and retaining wall facilities are to be constructed as part of Nebraska Department of Roads project URB- 5436(5) , Control Number 42707 , and identified as Capital Avenue Pavingimprovements , 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 Grand Island to declare that a portion of said property shall be used for the construction, operation, and maintenance of a pedestrian facilities, drainage facilities, and retaining wall facilities 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 Grand Island , Nebraska, hereby approves the use of a portion of said land owned by the City of Grand Island for the construction, operation, and maintenance of a pedestrian facilities, drainage facilities, and retaining wall facilities as shown on attached Exhibit "A ", and as aligned in project plans and specifications for Nebraska Department of Roads project URB- 5436(5) , Control Number 42707 , and identified as Capital Avenue Paving Improvements , for a period of no less than twenty five years from the completion of its construction. Attest: GRAND ISLAND, NEBRASKA RESOLUTION NO. 127 Passed and approved this 27th day of May, RaNae Edwards, City Clerk Approved as to Form 0 May 27, 2014 Q City�C[tomey