City of Rushville RESOLUTION #2017-04

Council Member Snyder introduced the following Resolution and moved for its adoption.

Resolution #2017-04

BE IT RESOLVED by the Mayor and City Council of the City of Rushville:

A RESOLUTION OF THE CITY OF RUSHVILLE DIRECTING CHRISTOPHER HEISER, THE MAYOR OF THE CITY OF RUSHVILLE, NEBRASKA, TO SIGN AN AMENDMENT TO THE SANDRIDGE ADDITION AGREEMENT PURSUANT TO THE POWERS GRANTED THEREIN AND DIRECTING THAT SAID AMENDMENT TO SAID AGREEMENT APPLY ONLY TO THE FOLLOWING LOTS IN SAID SUBDIVISION: LOTS 1 AND 2, BLOCK 1, SANDRIDGE ADDITION IN THE WEST HALF OF SECTION 34, TOWNSHIP 32 NORTH, RANGE 44 WEST OF THE 6TH P.M., TO THE CITY OF RUSHVILLE, SHERIDAN COUNTY, NEBRASKA.

WHEREAS certain residents of the City of Rushville have entered into an agreement for the purchase and sale of Lot 2, Block 1, Sandridge Addition to the City of Rushville, Sheridan County, Nebraska; and

WHEREAS the purchaser of said real estate desires the building, and construction and operation of an additional storage unit on the aforementioned real estate; and

WHEREAS the City of Rushville passed Resolution 07-06 on or about August 27, 2007, which Resolution having been received of record and entered in numerical index of the Sheridan County Clerk’s office on the 17th day of January, 2008, which is recorded in Book 45 of Miscellaneous, Pages 447-448, wherein the City of Rushville rezoned Lots 1 and 2, Block 1 of Sandridge Addition to the City of Rushville, Sheridan County, Nebraska, from agricultural to commercial, the purpose of which is spelled out in said Resolution; and .

WHEREAS an Agreement was executed in which mutual covenants were deemed to run with the land wherein all successive future owners had the right to invoke and enforce its provisions against the lots listed above in said Sandridge Addition, said Agreement being executed on the 22nd day of April, 1999, and received for record and entered in the numerical index of the office of the Sheridan County Clerk the 28th day of April, 1999, and recorded in Book 39 of Miscellaneous, pages 225-228; and

WHEREAS said Agreement permitted the waiver, abandonment and termination, modification, alteration or change as to the whole of said Sandridge Addition or any portion thereof with the written consent of the majority of the owners of the lots in said addition pursuant to paragraph 13 of said Agreement; and

WHEREAS, as of the date of this Resolution, the City of Rushville, Nebraska, holds the majority of the ownership of the lots in said Addition; and

WHEREAS said waiver, abandonment and termination, modification, alteration or change as to the aforementioned portion of said. Sandridge Addition has, as of the date of the passage of this Resolution, never been executed by the written consent of the majority of the owners of the Lots in said Sandridge Addition; and

WHEREAS the City of Rushville, Nebraska, hereby finds that it is in the best interests of the City and its residents that said waiver, abandonment and termination, modification, alteration, or change in said Agreement permitting the construction and/or building of said storage units only on the lots aforementioned be permitted.

NOW THEREFORE BE IT RESOLVED that the Mayor of the City of Rushville, Sheridan County, Nebraska, is hereby directed to execute a waiver, abandonment and termination, a modification, alteration or change to Lots 1 and 2, Block l, Sandridge Addition to the City of Rushville, Sheridan County, Nebraska, permitting storage facilities to be located thereon and thence modifying the requirement in Paragraph 3 of said Agreement that all lots in the Sandridge Addition shall be known as residential lots and that no structure shall be erected, altered, placed or permitted to remain on any residential lot other than one single or multiple family dwelling of certain dimensions.

The foregoing Resolution having been read, Council Member Willnerd seconded the Motion for passage and adoption, and after consideration thereof, the roll was called on the passage and adoption of said Resolution and the following Council Members voted aye:

Snyder

Winnerd

Jansen

The following Council Members voted nay:

none

The passage of the Resolution having been consented to by a majority of the Members elected to the Council was declared passed and adopted this 28th day of August, 2017 .

/s/ Chris Heiser

MAYOR

ATTEST: /s/ Connie Roffers

CITY CLERK

Published: September 6, 2017