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September - University of Nebraska

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RESOLUTION<br />

Acquisition <strong>of</strong> Real Property<br />

Vicinity <strong>of</strong> 25 th and 26 th Streets and 9 th Avenue<br />

Kearney, <strong>Nebraska</strong><br />

<strong>September</strong> 5, 2008<br />

WHEREAS, the Board <strong>of</strong> Regents <strong>of</strong> the <strong>University</strong> <strong>of</strong> <strong>Nebraska</strong> (<strong>University</strong>), governing body<br />

<strong>of</strong> the <strong>University</strong> <strong>of</strong> <strong>Nebraska</strong> at Kearney (UNK), does not currently own the property that is<br />

parallel to the main entrance on the east side <strong>of</strong> the UNK campus; and<br />

WHEREAS, in connection with current needs for the <strong>University</strong> <strong>of</strong> <strong>Nebraska</strong> at Kearney, the<br />

UNK Chancellor has recommended a redesign <strong>of</strong> the east side main entrance area <strong>of</strong> the UNK<br />

campus to include the acquisition <strong>of</strong> the subject property for entrance redesign, right <strong>of</strong> way<br />

relocation and other <strong>University</strong> purposes, including pedestrian, buffer or other related<br />

improvements, amenities, structures, interim uses and landscaping; and<br />

WHEREAS, the redesign <strong>of</strong> this area and acquisition <strong>of</strong> the Property is supported by the need to<br />

relieve traffic congestion and improve traffic flow considering vehicles, bicycles and pedestrians;<br />

and<br />

WHEREAS, the entrance to Highway 30 is at the south end <strong>of</strong> 9th Avenue, and vehicular traffic<br />

approaching this intersection present a potential conflict with pedestrian and bicycle traffic.<br />

WHEREAS, in the fall <strong>of</strong> 2008, UNK opened two newly constructed residential facilities adding<br />

332 beds to UNK’s residential <strong>of</strong>ferings and impacting the overall parking needs <strong>of</strong> the east side<br />

<strong>of</strong> campus; and<br />

WHEREAS, the City <strong>of</strong> Kearney shares the concern about traffic flow congestion and safety<br />

and recognizes the current need to redesign the area; and<br />

WHEREAS, the <strong>University</strong> is advised that various attempts to acquire this property have been<br />

attempted over the last twenty-four years, and that the long-time owner is now deceased with<br />

current ownership <strong>of</strong> the property being held by an entity comprised <strong>of</strong> his heirs or other persons<br />

whether related or not; and<br />

WHEREAS, the Board <strong>of</strong> Regents believes it is necessary to authorize the <strong>University</strong><br />

Administration to proceed at this time with the process for the <strong>University</strong> to directly acquire the<br />

identified real property, including by use <strong>of</strong> eminent domain in the event negotiations to<br />

voluntarily acquire the property are not successful;<br />

NOW, THEREFORE, BE IT RESOLVED by the Board <strong>of</strong> Regents <strong>of</strong> the <strong>University</strong> <strong>of</strong><br />

<strong>Nebraska</strong> that the <strong>University</strong> Administration is authorized to proceed with those actions<br />

necessary, including proceedings pursuant to Neb. Rev. Stat. 25-2501 through 25-2506 (uniform<br />

procedure for acquiring private property for public use), to purchase the real property interests as<br />

follows:<br />

Page 1 <strong>of</strong> 2

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