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200404102 <br />M <br />ORDINANCE NO. y I <br />AN ORDINANCE TO VACATE A PORTION OF 5TH STREET LYING NORTH OF <br />WALNUT STREET IN THE VILLAGE OF DONIPHAN; TO TRANSFER OWNERSHIP <br />THEREOF; TO RESERVE AN EASEMENT; AND TO PROVIDE AN EFFECTIVE DATE. <br />BE IT ORDAINED BY THE CHAIRMAN AND BOARD OF TRUSTEES FOR THE <br />VILLAGE OF DONIPHAN, NEBRASKA: <br />Section 1: The public right -of -way plotted as 5th Street lying north of Walnut in Block Four <br />(4), Gideon's Addition to the Village of Doniphan, is hereby vacated in accordance with Sec. 17 -558 <br />Neb.R.R.S. 1943 and that ownership of said public right -of -way shall revert in equal shares to the <br />abutting property owners of said vacated 5`h Street. <br />Section 2: The Village of Doniphan hereby reserves as a public utility easement the upon <br />such real estate vacated above acid described as the westerly 20 feet of said vacated 5`h Street lying <br />north of Walnut in Block Four (4), Gideon's Addition to the Village of Doniphan, for purpose of <br />ingress and egress to any and all utilities to specifically include sanitary sewer services located in the <br />northerly end of said easement thereby prohibiting the owner of said property from planting any trees <br />or bushes or installing any structures upon such property which may impede access thereon. <br />Section 3: This Ordinance shall take effect from and after its passage, approval and <br />publication or posting as required by law and upon filing with the Register of Deeds of Hall County, <br />Nebraska. <br />PASSED AND APPROVED this /j 11-h day of '2004. <br />ATTES <br />Finecy, Village <br />DICK TROESTER, Chairman <br />MEMO: <br />Reg. of Deeds <br />