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Home My WebLink About20080697NUM PG5 -S DOC TAX CK# FEES~5 • ~ PD CK# CHG as. st, ACCT # r ((S V~pe r V iS~yS RET FEES: CASH R.QD. CK# RECD Chr ~s - Ao/A~ms 1~' ./1Cf~r1{ RETURN 11~f1 M5 l"A.1Y1I'y, C;I~rIC (-{Ac~~n~s I~e ~~9o I State of Nebraska) )ss County of Adams ) NOTICE OF MOTION ADAMS COUNTY, NE Fi INST. N0. ~ Q ~ ~ Dated-a_.__ 5 8 T m ~~~~~ REGISTER OF DEEDS I, Chrisella Lewis, County Clerk in and for the County of Adams, State of Nebraska, do hereby certify that the following is a true and correct excerpt taken from the minutes of the meeting of the Adams County Board of Supervisors held on February 19, 2008 as the same appears of record in my office. The meeting was advertised in the Hastings Tribune and held in open session. Motion by Saathoff, seconded by Hynes to approve and authorize the Chairman to sign Resolution 08-02- 19 approving the request of Chief Ethanol Fuels to add about 95 acres to the County Industrial Area. Roll call, ayes: Kehoe, Larson, Neumann, Hynes, Orthmann, Saathoff and Woodman. Nays, none. Complete Resolution on file in the County Clerk's office. Witness My Hand and Seal this 21st Day of February, 2008. Chrisella Lewis Adams County Clerk i~~~u~~u~wani~~unun~i~~ ~1UM ln- ~- q RO. COMP x G ) ~ = SaZ _ COMPARE ,_ ~~ CADAS ~ AO '~ r" \'~•~ j Y C/ -: ,s=pa, ,t._ ,• , u~, V Vii. "rS'' .. .4 ~~, ,~ ~~ c.lf(~Y~1~t. ~~ !1 1~5 RESOLUTION 08-02-19 ADAMS COUNTY BOARD OF SUPERVISORS ORDER WHEREAS, Chief Ethanol Fuels, a Nebraska corporation, has submitted to the County Clerk of Adams .County and to the Board of Supervisors of Adams County its Application for Designation of County Industrial Area under the provisions of N.R.S. 13- 111 et seq. (Reissue 1997); WHEREAS, the real estate subject to the said Application is within the zoning jurisdiction of the City of Hastings, a municipal corporation which has enacted a comprehensive development plan therefore, and exercises zoning jurisdiction thereof; WHEREAS, the real estate subject to the said Application is at least 10 acres in size and located contiguous to an area which has already been designated as a County Industrial Area; WHEREAS, the Hastings City Council has been provided with notice of filing of said Application from the County Clerk of Adams County requesting approval or disapproval of the designation of the said real estate as a County Industrial Area in accordance with the said statutory provision; WHEREAS, the City of Hastings has approved the said designation subject to conditions agreed upon between the City of Hastings and Adams County, embodied in the City's Resolution No. 2008-7 adopted by the Hastings City Council on January 28, 2008, which Resolution has been approved by Motion of the Adams County Board of Supervisors dates February 19, 2008; WHEREAS, the County Clerk has published notice of the hearing upon the Applicant's request, as provided by Neb REV Stat 13-1113 (Reissue 1997); and WHEREAS, those interested in the matter have appeared and been heard by the Board, and the Board has considered the Application and the evidence, and is now prepared to make its findings and designation NOW IT IS THEREFORE ORDERED AND DECREED BY THE BOARD OF SUPERVISORS OF ADAMS COUNTY, NEBRASKA, AS FOLLOWS: 1. The Board finds from evidence produced: A. The tract described herein below is suitable for use as an industrial area; B. It will be generally beneficial to the community: a~5 C. The owners of all land embraced therein have consented to such designation. 2. The Board hereby designates the following tract of land, to wit: See attached Exhibit "A" To be a County Industrial Area, subject however to the following conditions: A. No public roads, roadways, easements for roads or other public rights of way shall be deemed to be within the boundaries of the County Industrial Area B. The real estate shall be subject to annexation in five annual increments, the first of which shall be eligible for annexation after the earlier often years after the development of the property or seventeen (17) years from the date of this Oder. If the annexation meets statutory criteria, annexation shall thereafter be accomplished as follows: (i) In each of the five years, the City may annex 20% of the total value of the land and improvements within the County Industrial area. (ii) The value of each increment shall be determined by dividing the total value of the land and improvements with the County Industrial Area by five. (iii) A metes and bounds survey shall be prepared for the purpose of physically describing each increment. (iv) During the month of January in each year during which an increment is to be annexed, the County Board shall release the parcel from the County Industrial Area. C. The ability of the City to annex the tract shall apply to the entire tract included within the County Industrial Area, and no part of the tract shall be excepted from the City's right to annex. D. Upon annexation of each increment, said increment shall be considered one tax district within the City; the remaining parcels not yet annexed shall be considered as another separate tax district outside the City. E. Upon the initial annexation of any increment of the tract, the City will provide police and fire protection to the entire County Industrial Area. F. The form of this Order shall be approved by the Adams County Attorney and the Hastings City Attorney. 3~s ~aa~os9~ 3. Upon annexation of the fifth of the five incremental parcels, the designation of the above-described tract of land as a County Industrial Area shall be deemed to have terminated. ADOPTED AND APPROVED this 19th Day of February 2008. Chairman the Board of Supervisors ~~ 5 ~aa8os9~ EXHIBIT "A" A tract of land located in the South 1lZ of Section 10, Township 7 North, Range 9 West ~of the 6th Principal~Meridian, Adams County, Nebraska, said tract being more particularly described as follows: Commencing at the Southwest Comer of Sec. 10, T7N-R9W of the 6~' P.Iv1., Adams County, Nebraska; running thence South 90°00'00" East (assumed bearings) and along the South line of the SV-r114 of said Sec. 10, a distance of 421.00 feet; running thence North 00°01'03" West a distance of 80.25 feet to a point located on the North Right-of--Way line of U.S. Hwy #6, said point being -the ACTUAL POINT OF BEGINNING; rtuuung thence South 80°09'56" East and along the said North Right-of- Way line a distance of 111.40 feet; zutaning thence South 89°54'40" East and along the said North Right-of--Way line a distance of 175.00 feat; ~,Tpning thence North 62°41'38" East and along the said North Right-of- Way line a distance of 58.65 feet; running thence South 61°31'08" East and along the said North 12ight-of--Way line a distance of 56.75 feet; Homing thence South 89°54'40" East and along the sand North Right-of Way line a distance of 512.7{? feet; running thence South 90°OD'00" East and along the said North Right-of Way Iine a distance of 1320.50 feet to a point Iocated on the said North Right-of--Way Iine of U.S. Hwy. #6, said point being Iocated 60.00 feet North of the South %a Comer of said Section l0; running thence North 89°45'54" East and along the said North Right- of-Way line of U.S. Hwy #6 a distance of 1072.60 feet to the Southwest Comex of a tract of land owned by Chief Ethanol Fuels Inc.; running thence North 00°25'25" West and along the West line of the sand Chief Ethanol Foals Inc. property a distance of 1352.54 feat to a paint located on the Southerly Right-of--Way Iine of the Burlington Northern Santa Fe Railroad Main Line; nznning thence South $6°36'38" West and along the said Southerly Right-of--Way line of the said Burlington Northern Santa Fe Railroad Main Lute a distance of 3289:34 feet to the Northeast Corner of the Morrison Subdivision to the County of Adams, Nebraska, as platted and recorded; running thence South 00°01'03" East and along the East lute of the said 1Vlorrison Subdivision a distance of 712.25 feet to the Southeast .Comer of the said 1Vlorrisan Subdivision; thence continuing South 00°01'03" East and along the East Iine of Proper#y o~nled by Consumers Service Company a distance of 429.59 feet to the ACTUAL POINT OF BEGINNING, said tract containing a calculated area of 94.958 Acres, snore or less, and said tract being subject to easements and restrictions of record, together with an easement and right-of--way over, . under and across the South 30' of the North 50' of Morrison subdivision locate. in the Southwest Quarter of the Southwest Quarter (S•VJ1/4 SW1/4} of said Section Ten (10) for the installation, maintenance and replacement of an underground pipeline to can•y water t'~ ar fz-om and for ingress and egress to the property herein conveyed. 5~5