COUNCIL AGENDA MEMO

ITEM NO. III - #2 & 3

“We provide services, solutions, and opportunities for our community.”

FROM: Brenda Jensen, Director of Development Services MEETING: November 9, 2021 SUBJECT: Development of Master’s Business Park Third located approximately

1,930 feet west of Imperial Avenue and north of East Highway 30. PRESENTER: Mitch Humphrey, Buffalo Surveying Corp. Discussion: The applicant is requesting approvals for a vacation, rezoning, and final plat for property located

approximately 1,930-feet west of Imperial Avenue and north of East Highway 30. The property

owners seek to increase the lot size and adjust an ingress/egress easement to serve existing commercial and industrial lots. The proposed area is outside the corporate limits but within the two-mile extraterritorial jurisdiction. Subdivision Vacations The applicant is requesting to vacate two platted subdivisions: Master’s Business Park, which contains two lots (5.99 acres) and a 50-foot ingress/egress easement and Master’s Business Park Second, which contains one lot (3.71 acres) and right-of-way dedication for Hitchcock Avenue. The applicant is acquiring land which reconfigures the lots for development. Rezoning The applicant requests to rezone the acquired property, 1.37-acres, and a sliver of land, 0.07-acres, which was not part of the previous rezone requests with Master’s Business Park and Master’s Business Park Second. The request is to rezone the additional areas of land from AG, Agricultural District to M-1, Limited Industrial District. The proposed zoning classification ties to the existing property’s zoning classification. The surrounding zoning for the property is AG to the north and west, AG and M-2 to the south, and M-1 east. The Future Land Use Map (FLU) designation is GI, General Industrial. The M-1 zoning classification is compatible with the GI FLU designation; therefore, no amendment is required. The surrounding FLU designations are GI to the north, east, and west, and UR to the south. The existing land uses are vacant agricultural land to the north, east, and west with commercial/industrial development to the south. Lots 2 & 3 of proposed Master’s Business Park Third have existing businesses on the lots: Lot 3 contains a bus sales company, Coach Master’s, and Lot 2 has an agricultural equipment business, Nebraska Harvest Center. The M-1 zoning district allows for no residential uses, many commercial, industrial, and miscellaneous use types.

ITEM NO. III - #2 & 3

“We provide services, solutions, and opportunities for our community.”

Final Plat The proposed plat for the Master’s Business Park Third contains three lots. The lots range in size from 3.12 acres to 4.05 acres. The lot widths and lot areas meet the minimum requirements of the M-1 zoning district. Access for the lots is from East Highway 30 and the proposed Hitchcock Avenue. A new ingress-egress easement provides one access point along East Highway 30 for Lots 2 & 3. Lot 1 will have access off of the proposed Hitchcock Avenue, when developed. The proposed Hitchcock Avenue will be located on the east side of the development and run north and south. As indicated on the Infrastructure Feasibility Plan, Lots 2 & 3 are already developed, which requires, at this time, no new detention. Detention will be provided for Lot 1 at the time of building permit. The proposed street connectivity and how it relates to surrounding development is also shown. Buffalo County provided a letter that pointed to the minimum standards for acceptance of roads. The Planning Commission approved a preliminary plat for Master’s Business Park Third and recommended approval of the final plat on October 15, 2021. A final plat has been provided, which meets the minimum requirements of the subdivision regulations. Comprehensive Plan Related Reference ‘Maintain fair and flexible zoning and land use regulations so that future commercial development activities can continue in Central Business District, 2nd Avenue, Highway 30 corridor, and Cherry Avenue corridor.’ (LU AS 3, Land Use Action Strategies, Page 219) ‘Provide opportunities for community development in an orderly and efficient manner so that entrepreneurs can build businesses that respond to consumer demand.’ (LU 1, Land Use Policies 219) ‘Continue to encourage compatible adjacent land uses during the planning and implementation of development activities’ (LU3, Land Use Policies, Page 219).

Staff’s finding of fact:

• The proposed zoning amendment is consistent with the existing zoning of the lots and compatible with the FLU designation and purpose.

• The lots are compliant with the zoning district’s site development regulations.

• This subdivision's layout is compatible with the surrounding land uses.

• The development has provided adequate connectivity to existing transportation networks.

• The development is consistent with the 2016 Comprehensive Plan, as referenced above. Fiscal Note: The City is not aware of any undue financial obligations affecting the City that may be associated with this project. Recommended Action: Staff recommends approval of the vacations, rezoning, and final plat, as presented.

ORDINANCE NO. 8522 AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA, TO VACATE A PORTION OF AN EXISTING PLAT FOR MASTER’S BUSINESS PARK, A SUBDIVISION BEING PART OF GOVERNMENT LOT 2 AND PART OF GOVERNMENT LOT 3 LOCATED IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 9 NORTH, RANGE 15 WEST OF THE 6TH P.M., BUFFALO COUNTY, NEBRASKA AS THE SAME IS FILED WITH THE OFFICE OF THE REGISTER OF DEEDS AT INSTRUMENT NO. 2011-3845; TO SPECIFICALLY VACATE LOT 1 AND LOT 2, MASTER’S BUSINESS PARK, A SUBDIVISION BEING PART OF GOVERNMENT LOT 2 AND PART OF GOVERNMENT LOT 3 LOCATED IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 9 NORTH, RANGE 15 WEST OF THE 6TH P.M., BUFFALO COUNTY, NEBRASKA; TO REPEAL ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; TO PROVIDE FOR CERTIFICATION OF THIS ORDINANCE TO THE REGISTER OF DEEDS AND FOR REPLATTING OF THE VACATED LANDS; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE.

WHEREAS, the Kearney City Planning Commission has received and recommended

the Kearney City Council approve a petition to vacate a portion of Master’s Business Park,

a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the

South Half of the Southeast Quarter of Section 27, Township 9 North, Range 15 West of

the 6th P.M., Buffalo County, Nebraska; and

WHEREAS, said petition was duly signed by the owners of the land affected with the

express intent of replatting and dedicating the land as Master’s Business Park Third, a

subdivision being part of Government Lot 2 and part of Government Lot 3 located in the

Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th

P.M., Buffalo County, Nebraska; and

WHEREAS, said petition to vacate has been presented to the President and Council

of the City of Kearney, Nebraska who deemed said vacation to be advantageous to and

in the interest of the City.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF

THE CITY OF KEARNEY, NEBRASKA:

Section 1. That a portion of Master’s Business Park, a subdivision being part of

Government Lot 2 and part of Government Lot 3 located in the South Half of the Southeast

Quarter of Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County,

Nebraska described as Lot 1 and Lot 2, Master’s Business Park, a subdivision being part

Ordinance No. 8522 Page 2

of Government Lot 2 and part of Government Lot 3 located in the South Half of the

Southeast Quarter of Section 27, Township 9 North, Range 15 West of the 6th P.M.,

Buffalo County, Nebraska, as the same is filed in the Office of the Buffalo County,

Nebraska, Register of Deeds at Instrument No. 2011-3845, be and is hereby vacated in

accordance with the powers granted to the City of Kearney by Neb. Rev. Stat. § 19-917,

as amended.

Section 2. That the vacated afore-described portion of Master’s Business Park, a

subdivision being part of Government Lot 2 and part of Government Lot 3 located in the

South Half of the Southeast Quarter of Section 27, Township 9 North, Range 15 West of

the 6th P.M., Buffalo County, Nebraska shall no longer be or constitute any part of the

City of Kearney, and the public highways, streets, alleys, and public grounds located

therein, if any, shall revert to the owners of lots or lands abutting the same in proportion

to the respective ownerships of such lots or grounds.

Section 3. The public is also hereby notified that Ordinance No. 8522 is subject to

limited referendum for a period of thirty (30) days after the first publication of this

Ordinance and that, after the expiration of the said thirty (30) days, Ordinance No. 8522

and any measures related to it, will not be subject to any further right of referendum.

Section 4. To repeal all ordinances and resolutions or parts of ordinances and

resolutions in conflict herewith.

Section 5. That this Ordinance shall be, at the cost of the owners, certified at the

Office of the Register of Deeds and there recorded by said owners, and that the owners

shall cause the lands in the vacated portions of the subject plats vacated to be replatted

and numbered by the County Surveyor.

Section 6. This Ordinance shall be in full force and effect from and after its passage,

approval and publication according to law and shall be published in pamphlet form by

authority of the City Council. INTRODUCED BY COUNCIL MEMBER . PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER, 2021. ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR LAUREN BRANDT CITY CLERK

ORDINANCE NO. 8523 AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA, TO VACATE A PORTION OF AN EXISTING PLAT FOR MASTER’S BUSINESS PARK SECOND, A SUBDIVISION BEING PART OF GOVERNMENT LOT 2 AND PART OF GOVERNMENT LOT 3 LOCATED IN THE SOUTHEAST QUARTER OF FRACTIONAL SECTION 27, TOWNSHIP 9 NORTH, RANGE 15 WEST OF THE 6TH P.M., BUFFALO COUNTY, NEBRASKA AS THE SAME IS FILED WITH THE OFFICE OF THE REGISTER OF DEEDS AT INSTRUMENT NO. 2015-07989; TO SPECIFICALLY VACATE LOT 1, MASTER’S BUSINESS PARK SECOND, A SUBDIVISION BEING PART OF GOVERNMENT LOT 2 AND PART OF GOVERNMENT LOT 3 LOCATED IN THE SOUTHEAST QUARTER OF FRACTIONAL SECTION 27, TOWNSHIP 9 NORTH, RANGE 15 WEST OF THE 6TH P.M., BUFFALO COUNTY, NEBRASKA; TO REPEAL ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; TO PROVIDE FOR CERTIFICATION OF THIS ORDINANCE TO THE REGISTER OF DEEDS AND FOR REPLATTING OF THE VACATED LANDS; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE.

WHEREAS, the Kearney City Planning Commission has received and recommended

the Kearney City Council approve a petition to vacate a portion of Master’s Business Park

Second, a subdivision being part of Government Lot 2 and part of Government Lot 3

located in the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15

West of the 6th P.M., Buffalo County, Nebraska; and

WHEREAS, said petition was duly signed by the owners of the land affected with the

express intent of replatting and dedicating the land as Master’s Business Park Third, a

subdivision being part of Government Lot 2 and part of Government Lot 3 located in the

Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th

P.M., Buffalo County, Nebraska; and

WHEREAS, said petition to vacate has been presented to the President and Council

of the City of Kearney, Nebraska who deemed said vacation to be advantageous to and

in the interest of the City.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF

THE CITY OF KEARNEY, NEBRASKA:

Section 1. That a portion of Master’s Business Park Second, a subdivision being part

of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of

Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County,

Nebraska described as Lot 1, Master’s Business Park Second, a subdivision being part

Ordinance No. 8523 Page 2

of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of

Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County,

Nebraska, as the same is filed in the Office of the Buffalo County, Nebraska, Register of

Deeds at Instrument No. 2015-07989, be and is hereby vacated in accordance with the

powers granted to the City of Kearney by Neb. Rev. Stat. § 19-917, as amended.

Section 2. That the vacated afore-described portion of Master’s Business Park

Second, a subdivision being part of Government Lot 2 and part of Government Lot 3

located in the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15

West of the 6th P.M., Buffalo County, Nebraska shall no longer be or constitute any part

of the City of Kearney, and the public highways, streets, alleys, and public grounds

located therein, if any, shall revert to the owners of lots or lands abutting the same in

proportion to the respective ownerships of such lots or grounds.

Section 3. The public is also hereby notified that Ordinance No. 8523 is subject to

limited referendum for a period of thirty (30) days after the first publication of this

Ordinance and that, after the expiration of the said thirty (30) days, Ordinance No. 8523

and any measures related to it, will not be subject to any further right of referendum.

Section 4. To repeal all ordinances and resolutions or parts of ordinances and

resolutions in conflict herewith.

Section 5. That this Ordinance shall be, at the cost of the owners, certified at the

Office of the Register of Deeds and there recorded by said owners, and that the owners

shall cause the lands in the vacated portions of the subject plats vacated to be replatted

and numbered by the County Surveyor.

Section 6. This Ordinance shall be in full force and effect from and after its passage,

approval and publication according to law and shall be published in pamphlet form by

authority of the City Council. INTRODUCED BY COUNCIL MEMBER . PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER, 2021. ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR LAUREN BRANDT CITY CLERK

ORDINANCE NO. 8524 AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA, TO CHANGE SPECIFIED PORTIONS OF THE BOUNDARY OF DISTRICT AG, AGRICULTURAL DISTRICT TO DISTRICT M-1, LIMITED INDUSTRIAL DISTRICT; TO PROVIDE FOR CHANGES IN THE ZONING MAP ACCORDINGLY; TO REPEAL ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF KEARNEY, NEBRASKA:

Section 1. That property described as a tract of land being part of Government Lot 2

and part of Government Lot 3 located in Fractional Section 27, Township 9 North, Range

15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as

follows: Referring to the Northeast Corner of the Southeast Quarter of Section 27 and

assuming the Northerly right-of-way line of the Union Pacific Railroad as bearing S

73°08’00” W and all bearings contained herein are relative thereto [such right-of way line

being the Northerly line of a strip of land deeded to The State of Nebraska, Department

of Roads as described on Quitclaim Deed filed as Instrument 2008-07658, recorded

October 20, 2008 in the office of the Register of Deeds of Buffalo County, Nebraska, with

said line hereinafter referred to as “the Northerly right-of-way line of the Union Pacific

Railroad”]; thence on the East line of the Southeast Quarter of said Section 27, S

00°05’55” E a distance of 1657.0 feet to the point of intersection with the Northerly right-

of-way line of the Union Pacific Railroad; thence leaving the East line of the Southeast

Quarter of said Section 27 and on the Northerly right-of-way line of the Union Pacific

Railroad, S 73°08’00” W a distance of 1767.68 feet to the ACTUAL PLACE OF

BEGINNING, said point being the Southwest Corner Lot One (1), Master’s Business Park

Second, a subdivision being part of Government Lot 2 and part of Government Lot 3

located in the Southeast Quarter (SE1/4) of Fractional Section Twenty-Seven (27),

Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo

County, Nebraska, said also point being 9.30 feet northeasterly from the Southeast

Corner of Lot One (1), Master’s Business Park, a subdivision being part of Government

Lot 2 and part of Government Lot 3 located in the Southeast Quarter (SE1/4) of Fractional

Section Twenty-Seven (27), Township Nine (9) North, Range Fifteen (15) West of the

Sixth Principal Meridian, Buffalo County, Nebraska; thence continuing on the Northerly

right-of-way line of the Union Pacific Railroad, S 73°08’00” W a distance of 9.30 feet to

the Southeast Corner of said Lot 1, Master’s Business Park; thence leaving the Northerly

right-of-way of the Union Pacific Railroad and on the East line of said Lot 1, Master’s

Ordinance No. 8524 Page 2

Business Park, N 00°16’41” W a distance of 328.64 feet to the Northeast Corner of said

Lot 1, Master’s Business Park; thence S 89°59’08” E a distance of 10.58 feet to a point

on the West line of Lot 1, Master’s Business Park Second; thence on the West line of said

Lot 1, Master’s Business Park Second, S 00°01’16” W a distance of 325.89 feet to the

place of beginning, containing 0.07 acres, more or less, all in Buffalo County, Nebraska;

AND a tract of land being part of Government Lot 2 located in Fractional Section 27,

Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more

particularly described as follows: Referring to the Northeast Corner of the Southeast

Quarter of Section 27 and assuming the Northerly right-of-way line of the Union Pacific

Railroad as bearing S 73°08’00” W and all bearings contained herein are relative thereto

[such right-of way line being the Northerly line of a strip of land deeded to The State of

Nebraska, Department of Roads as described on Quitclaim Deed filed as Instrument

2008-07658, recorded October 20, 2008 in the office of the Register of Deeds of Buffalo

County, Nebraska, with said line hereinafter referred to as “the Northerly right-of-way line

of the Union Pacific Railroad”]; thence on the East line of the Southeast Quarter of said

Section 27, S 00°05’55” E a distance of 1657.0 feet to the point of intersection with the

Northerly right-of-way line of the Union Pacific Railroad; thence leaving the East line of

the Southeast Quarter of said Section 27 and on the Northerly right-of-way line of the

Union Pacific Railroad, S 73°08’00” W a distance of 1444.43 feet to the Southeast Corner

Lot One (1), Master’s Business Park Second, a subdivision being part of Government Lot

2 and part of Government Lot 3 located in the Southeast Quarter (SE1/4) of Fractional

Section Twenty-Seven (27), Township Nine (9) North, Range Fifteen (15) West of the

Sixth Principal Meridian, Buffalo County, Nebraska; thence continuing on the Northerly

right-of-way line of the Union Pacific Railroad and on the Southerly line of said Lot 1,

Master’s Business Park Second S 73°08’00” W a distance of 323.25 feet to the Southwest

Corner of said Lot 1, Master’s Business Park Second, said point being 9.30 feet

northeasterly from the Southeast Corner of Lot One (1), Master’s Business Park, a

subdivision being part of Government Lot 2 and part of Government Lot 3 located in the

Southeast Quarter (SE1/4) of Fractional Section Twenty-Seven (27), Township Nine (9)

North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska;

thence continuing on the Northerly right-of-way line of the Union Pacific Railroad, S

73°08’00” W a distance of 9.30 feet to the Southeast Corner of said Lot 1, Master’s

Business Park; thence continuing on the Northerly right-of-way of the Union Pacific

Railroad and on the Southerly line of Lot 1 and Lot 2, of said Master’s Business Park, S

73°08’00” W a distance of 659.98 feet to the Southwest Corner of said Lot 2, Master’s

Business Park; thence leaving the Northerly right-of-way line of the Union Pacific Railroad

and the Southerly line of said Master’s Business Park, N 02°48’22” E and on the West

Ordinance No. 8524 Page 3

line of said Lot 2, Master’s Business Park a distance of 521.11 feet to THE ACTUAL

PLACE OF BEGINNING; thence continuing N 02°48’22” E on the West line of said Lot 2,

Master’s Business Park, if extended, a distance of 131.47 feet; thence N 89°57’10” E a

distance of 448.33 feet to a point on the West line of said Lot 1, Master’s Business Park

Second, said point being 28.00 feet southerly from the Northwest Corner of said Lot 1,

Master’s Business Park Second, thence on the West line of said Lot 1, Master’s Business

Park Second, S 00°02’50” E a distance of 131.91 feet to a point on the North line of said

Lot 1, Master’s Business Park; thence on the North line of said Lot 1 and Lot 2, Master’s

Business Park; thence N 89°59’08” W a distance of 455.13 feet to the place of beginning,

containing 1.365 acres, more or less, all in Buffalo County, Nebraska (approximately

1,930-feet West of Imperial Avenue and North of East Highway 30), be rezoned from

District AG, Agricultural District to District M-1, Limited Industrial District.

Section 2. That the City Manager is hereby directed to cause the zoning map to be

changed and amended accordingly.

Section 3. That all ordinances and resolutions or parts of ordinances and resolutions

in conflict herewith are hereby repealed.

Section 4. This Ordinance shall be in full force and effect from and after its passage,

approval and publication according to law and shall be published in pamphlet form by

authority of the City Council. INTRODUCED BY COUNCIL MEMBER PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER, 2021. ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR LAUREN BRANDT CITY CLERK

RESOLUTION NO. 2021-210

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY,

NEBRASKA, that the plat of Master’s Business Park Third, a subdivision being part of

Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of

Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County,

Nebraska for a tract of land being part of Government Lot 2 and part of Government Lot 3

located in Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo

County, Nebraska, with said tract of land being inclusive of Lot 1 and Lot 2, Master’s Business

Park, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in

the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th

P.M., Buffalo County, Nebraska, with said Lot 1 and Lot 2, Master’s Business Park now

vacated, and said tract of land being inclusive of Lot 1, Master’s Business Park Second, a

subdivision being part of Government Lot 2 and part of Government Lot 3 located in the

Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th

P.M., Buffalo County, Nebraska, with said Lot 1, Master’s Business Park Second now

vacated, all more particularly described as follows: Referring to the Northeast Corner of the

Southeast Quarter of Section 27 and assuming the Northerly right-of-way line of the Union

Pacific Railroad as bearing S 73°08’00” W and all bearings contained herein are relative

thereto [such right-of way line being the Northerly line of a strip of land deeded to The State

of Nebraska, Department of Roads as described on Quitclaim Deed filed as Instrument 2008-

07658, recorded October 20, 2008 in the office of the Register of Deeds of Buffalo County,

Nebraska, with said line hereinafter referred to as “the Northerly right-of-way line of the Union

Pacific Railroad”]; thence on the East line of the Southeast Quarter of said Section 27, S

00°05’55” E a distance of 1657.0 feet to the point of intersection with the Northerly right-of-

way line of the Union Pacific Railroad; thence leaving the East line of the Southeast Quarter

of said Section 27 and on the Northerly right-of-way line of the Union Pacific Railroad, S

73°08’00” W a distance of 1444.43 feet to the ACTUAL PLACE OF BEGINNING, said point

being the Southeast Corner Lot One (1), now vacated, Master’s Business Park Second;

thence continuing on the Northerly right-of-way line of the Union Pacific Railroad and on the

Southerly line of said Lot 1, Master’s Business Park Second S 73°08’00” W a distance of

323.25 feet to the Southwest Corner of said Lot 1, Master’s Business Park Second, said point

being 9.30 feet northeasterly from the Southeast Corner of Lot One (1), now vacated,

Master’s Business Park,; thence continuing on the Northerly right-of-way line of the Union

Pacific Railroad, S 73°08’00” W a distance of 9.30 feet to the Southeast Corner of said Lot 1,

Master’s Business Park; thence continuing on the Northerly right-of-way of the Union Pacific

Resolution No. 2021-210 Page 2

Railroad and on the Southerly line of Lot 1 and Lot 2, now vacated, of said Master’s Business

Park, S 73°08’00” W a distance of 659.98 feet to the Southwest Corner of said Lot 2, Master’s

Business Park; thence leaving the Northerly right-of-way line of the Union Pacific Railroad

and the Southerly line of said Master’s Business Park, N 02°48’22” E and on the West line of

said Lot 2, Master’s Business Park, if extended, a distance of 652.36 feet; thence N 89°57’10”

E a distance of 448.33 feet to a point on the West line of said Lot 1, Master’s Business Park

Second, said point being 28.00 feet southerly from the Northwest Corner of said Lot 1,

Master’s Business Park Second, thence on the West line of said Lot 1, Master’s Business

Park Second, N 00°02’50” W a distance of 28.00 feet to the Northwest Corner of said Master’s

Business Park Second; thence on the North line of said Lot 1, Master’s Business Park

Second, N 89°57’10” E a distance of 469.00 feet to the Northeast Corner of said Lot 1,

Master’s Business Park Second, said point also being the Northwest Corner of Hitchcock

Avenue, a street as shown on the plat and dedication of said Master’s Business Park Second,

thence on the line common to the East line of said Lot 1, Master’s Business Park Second and

the West line of said Hitchcock Avenue, S 00°02’50” E a distance of 392.59 feet to the place

of beginning, containing 11.14 acres, more or less, all in Buffalo County, Nebraska, duly made

out, acknowledged and certified, and the same hereby is approved in accordance with the

terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as

amended) be accepted and ordered filed and recorded in the Office of the Register of Deeds,

Buffalo County, Nebraska.

BE IT FURTHER RESOLVED that the Subdivision Agreement, marked as Exhibit “A”

attached hereto and made a part hereof by reference, be and is hereby approved and that

the President of the Council be and is hereby authorized and directed to execute said

agreement on behalf of the City of Kearney, Nebraska. Said Subdivision Agreement shall be

filed with the final plat with the Buffalo County Register of Deeds.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby

authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER, 2021.

ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL LAUREN BRANDT AND EX-OFFICIO MAYOR CITY CLERK

Subdivision Agreement, Master’s Business Park Third

Page 1 of 8

Subdivision Agreement For Master’s Business Park Third,

A Subdivision being part of Buffalo County, Nebraska

WHEREAS, John Goodbrake, Managing Member/Manager of ADVENT GROUP, LLC, a Nebraska limited liability company, and ____________________ (name), ____________________ (title) of FIVE POINTS BANK, Beneficiary under Deed of Trust, and Ron C. Blessing, Managing Member of BLESSING PREMIER PROPERTY, LLC, a Nebraska limited liability company, and ____________________ (name), ____________________ (title) of NEBRASKALAND BANK, formerly known as NebraskaLand National Bank, Beneficiary under Deed of Trust (hereinafter referred to as “Owner” or “Developer”), desire to develop the following described tract of land (hereinafter referred to as “Master’s Business Park Third”);

LEGAL DESCRIPTION

A tract of land being part of Government Lot 2 and part of Government Lot 3 located in Fractional Section Twenty-seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska, with said tract of land being inclusive of Lot One (1) and Lot Two (2), Master’s Business Park, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter (SE1/4) of Fractional Section Twenty-Seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska, with said Lot One (1) and Lot Two (2), Master’s Business Park now vacated, and said tract of land being inclusive of Lot One (1), Master’s Business Park Second, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter (SE1/4) of Fractional Section Twenty-Seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska, with said Lot One (1), Master’s Business Park Second now vacated, all more particularly described as follows: Referring to the Northeast Corner of the Southeast Quarter of Section 27 and assuming the Northerly right-of-way line of the Union Pacific Railroad as bearing S 73°08’00” W and all bearings contained herein are relative thereto [such right-of way line being the Northerly line of a strip of land deeded to The State of Nebraska, Department of Roads as described on Quitclaim Deed filed as Instrument 2008-07658, recorded October 20, 2008 in the office of the Register of Deeds of Buffalo County, Nebraska, with said line hereinafter referred to as “the Northerly right-of-way line of the Union Pacific Railroad”]; thence on the East line of the Southeast Quarter of said Section 27, S 00°05’55” E a distance of 1657.0 feet to the point of intersection with the Northerly right-of-way line of the Union Pacific Railroad; thence leaving the East line of the Southeast Quarter of said Section 27 and on the Northerly right-of-way line of the Union Pacific Railroad, S

Subdivision Agreement, Master’s Business Park Third

Page 2 of 8

73°08’00” W a distance of 1444.43 feet to the ACTUAL PLACE OF BEGINNING, said point being the Southeast Corner Lot One (1), now vacated, Master’s Business Park Second; thence continuing on the Northerly right-of-way line of the Union Pacific Railroad and on the Southerly line of said Lot 1, Master’s Business Park Second S 73°08’00” W a distance of 323.25 feet to the Southwest Corner of said Lot 1, Master’s Business Park Second, said point being 9.30 feet northeasterly from the Southeast Corner of Lot One (1), now vacated, Master’s Business Park; thence continuing on the Northerly right-of-way line of the Union Pacific Railroad, S 73°08’00” W a distance of 9.30 feet to the Southeast Corner of said Lot 1, Master’s Business Park; thence continuing on the Northerly right-of-way of the Union Pacific Railroad and on the Southerly line of Lot 1 and Lot 2, now vacated, of said Master’s Business Park, S 73°08’00” W a distance of 659.98 feet to the Southwest Corner of said Lot 2, Master’s Business Park; thence leaving the Northerly right-of-way line of the Union Pacific Railroad and the Southerly line of said Master’s Business Park, N 02°48’22” E and on the West line of said Lot 2, Master’s Business Park, if extended, a distance of 652.36 feet; thence N 89°57’10” E a distance of 448.33 feet to a point on the West line of said Lot 1, Master’s Business Park Second, said point being 28.00 feet southerly from the Northwest Corner of said Lot 1, Master’s Business Park Second, thence on the West line of said Lot 1, Master’s Business Park Second, N 00°02’50” W a distance of 28.00 feet to the Northwest Corner of said Master’s Business Park Second; thence on the North line of said Lot 1, Master’s Business Park Second, N 89°57’10” E a distance of 469.00 feet to the Northeast Corner of said Lot 1, Master’s Business Park Second, said point also being the Northwest Corner of Hitchcock Avenue, a street as shown on the plat and dedication of said Master’s Business Park Second, thence on the line common to the East line of said Lot 1, Master’s Business Park Second and the West line of said Hitchcock Avenue, S 00°02’50” E a distance of 392.59 feet to the place of beginning. Containing 11.14 acres, more or less.

WHEREAS, the Owner desires vacate the following:

Lot One (1) and Lot Two (2), Master’s Business Park, a subdivision being part of Government Lot Two (2) and part of Government Lot Three (3) located in the South Half of the Southeast Quarter (S1/2 SE1/4) of Section Twenty Seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska, TOGETHER WITH;

Lot One (1), Master’s Business Park Second, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter (SE1/4) of Fractional Section Twenty-Seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska.

and re-plat, creating Master’s Business Park Third; and

Subdivision Agreement, Master’s Business Park Third

Page 3 of 8

WHEREAS, the Owner agrees to waive their right to protest annexation into corporate limits at the request of the City; and

WHEREAS, the Owner agrees to waive all rights of protest to future improvement districts that may be created; and

WHEREAS, the Owner agrees to connect to City water and sanitary sewer, at which time the Owner’s water or sanitary sewer facilities become unusable and the respective City main is available within three-hundred-feet (300’) of the Owner’s property; and

WHEREAS, public improvements must be designed and constructed in compliance with the County Minimum Roadway Design Standards and/or any additional applicable County Standards;

NOW, THEREFORE, the undersigned Owner and the City of Kearney, Nebraska (hereinafter referred to as the “City”), in consideration of the mutual covenants and agreements herein contained, agree as follows.

OWNER AGREES AS FOLLOWS:

1) That by signing this Subdivision Agreement the Owner hereby agrees to construct the following improvements in accordance with Chapter 56, of the Kearney City Code: a) Construction of storm water management facilities, including detention/retention

facilities and any associated piping, culvert drainage structures or similar appurtenances, as shown on the Infrastructure Feasibility Plan for the Final Plat and the Preliminary Plat currently on file with the City of Kearney, Development Services Department, in accordance with the following requirements. i) To maintain said storm water facilities in perpetuity with all such maintenance

costs borne collectively and proportionally by each Owner of each lot of the subdivision in the drainage basin served by the detention facilities. This obligation shall attach to all lots in the subdivision and shall run with the land. This agreement will be filed with the Buffalo County Register of Deeds office duly noting this obligation for all property Owners in the subdivision. Should the Owner of the property within the subdivision fail to maintain the storm water detention facilities, the County and/or City is hereby granted the right to enter upon the property where the storm water detention facility is located and provide for such maintenance and shall charge the property Owners within this subdivision proportionally for any and all costs relating to said maintenance. The minimum charge for maintenance by the County and/or City, shall be one-hundred-dollars ($100.00) for a mobilization fee and thereafter at a rate of one-hundred-forty-dollars ($140.00) per hour or a fraction thereof said fees being subject to change in the future to account for inflation. Owner further agrees that the Final Plat for this subdivision shall include a written notation dedicating

Subdivision Agreement, Master’s Business Park Third

Page 4 of 8

the detention facilities to the use and benefit of each Owner of each lot in this subdivision and that said Owners collectively and proportionally shall be responsible for all ongoing maintenance costs required by said storm water facilities in perpetuity.

ii) To allow the County and/or City access to said storm water facilities in the event of an emergency or in the event that the Owner fails to maintain the facilities as required in this agreement. Owner further agrees in the event the County and/or City shall have cause to maintain the storm water facilities, any and all costs incurred by the County and/or City due to the maintenance of the storm water facility shall be paid by the property Owners of the subdivision on a collective and proportional basis.

iii) To comply with all requirements of the National Pollution Discharge Elimination System (NPDES) and to submit all required NPDES documents to the City. Owner is responsible for all costs to construct storm water detention and appurtenances as outlined in the Infrastructure Feasibility Plan.

2) Site grading may be substantial on some portions of the property. The Owner agrees that all grading and the expenses to grade the property will be the cost of the Owner.

3) Other utilities not operated by the City, the Developer agrees to negotiate with electric, telecommunications, gas and other utilities, if applicable.

4) Owner agrees that the cost to maintain and the maintenance of all open spaces in the subdivision, including storm water detention cells, un-paved road right-of-way, roadway medians, boulevards, public sidewalks and other public right-of-way and open spaces, will be the obligation and responsibility of the Owner or an association of property Owners.

5) To indemnify and hold harmless the City and its agents and employees against all claims, damages, loses, or expenses, including reasonable attorney’s fees that arise or allegedly arise out of the design or construction of the public improvements and the storm water management facilities, not due to the negligence or omissions on the part of the City, its agents and employees. Further, Owners agree to indemnify the City for any claims, damages, or expenses, including reasonable attorney’s fees that arise out of or allegedly arise out of the design or construction of said storm water management facilities, such as damaging storm water runoffs that are caused by Owner’s negligence or omission, or that of its agents or employees.

CITY AGREES AS FOLLOWS:

1) To participate in one of the following development tools, when public improvements, water and sanitary sewer, become necessary: a) To construction of qualifying future improvement districts, created in compliance

with Chapter 57 of the City Code,

Subdivision Agreement, Master’s Business Park Third

Page 5 of 8

b) To draft and comply with Article 13–Developer Constructed Infrastructure of Chapter 9 of the City Code, as it applies to future public improvements for the subdivision.

2) All other components of the storm drainage system, including storm water management facilities, such as detention basins, retention ponds, bio-swales, infiltration trenches, sediment basins, underground water storage, open ditches to storm water detention facilities and similar facilities shall not be the responsibility of the City and shall be maintained in perpetuity as specified in the “Owner Agrees” section of this agreement.

THE PARTIES AGREE AS FOLLOWS:

1) This instrument is the final expression of the agreement between the parties hereto and such agreement may not be contradicted by evidence of any prior oral agreement or of a contemporaneous oral agreement between parties that allegedly exists.

2) This instrument contains the entire agreement between the parties, and no statements, promises or inducements made by either party or agent of either party that are not contained in this written contract shall be valid or binding; this contract may not be enlarged, modified, or altered except in writing signed by both parties and endorsed on this agreement.

3) This agreement shall run with the land and be binding upon and inure to the benefit of the parties hereto and shall be binding upon heirs, executors, administrators, and subsequent title owners in interest, devisees, and successors of the Owner hereto.

Subdivision Agreement, Master’s Business Park Third

Page 6 of 8

Dated this ________ day of _______________, 2021

ADVENT GROUP, LLC, a Nebraska limited liability company

By ______________________________ John Goodbrake, Managing Member/Manager

STATE OF _______________ )

) ss

COUNTY OF _____________ )

The foregoing instrument was acknowledged before me this ________ day of _______________, 2021, by John Goodbrake, Managing Member/Manager of ADVENT GROUP, LLC, a Nebraska limited liability company.

______________________________ Notary Public

Dated this ________ day of _______________, 2021

FIVE POINTS BANK, Beneficiary under Deed of Trust

By ______________________________ ____________________ (name), ____________________ (title)

STATE OF _______________ )

) ss

COUNTY OF _____________ )

The foregoing instrument was acknowledged before me this ________ day of _______________, 2021, by ____________________ (name), ____________________ (title) of FIVE POINTS BANK, Beneficiary under Deed of Trust.

______________________________ Notary Public

Subdivision Agreement, Master’s Business Park Third

Page 7 of 8

Dated this ________ day of _______________, 2021

BLESSING PREMIER PROPERTY, LLC, a Nebraska limited liability company

By ______________________________ Ron C. Blessing, Managing Member

STATE OF _______________ )

) ss

COUNTY OF _____________ )

The foregoing instrument was acknowledged before me this ________ day of _______________, 2021, by Ron C. Blessing, Managing Member of BLESSING PREMIER PROPERTY, LLC, a Nebraska limited liability company.

______________________________ Notary Public

Dated this ________ day of _______________, 2021

NEBRASKALAND BANK, formerly known as NebraskaLand National Bank,

Beneficiary under Deed of Trust

By ______________________________ ____________________ (name), ____________________ (title)

STATE OF _______________ )

) ss

COUNTY OF _____________ )

The foregoing instrument was acknowledged before me this ________ day of _______________, 2021, by ____________________ (name), ____________________ (title) of NEBRASKALAND BANK, formerly known as NebraskaLand National Bank, Beneficiary under Deed of Trust.

______________________________ Notary Public

Subdivision Agreement, Master’s Business Park Third

Page 8 of 8

Dated this ________ day of _______________, 2021

CITY OF KEARNEY, NEBRASKA

By ______________________________ Stanley A. Clouse

President of the Council and Ex-Officio Mayor

STATE OF NEBRASKA )

) ss

COUNTY OF BUFFALO )

The foregoing instrument was acknowledged before me this ________ day of _______________, 2021, by Stanley A. Clouse, President of the City Council of the City of Kearney, Nebraska, a Municipal Corporation, known to me to be the identical person who signed the foregoing signature to be his voluntary act and deed and that its municipal corporate seal was thereto affixed by proper authority.

______________________________ Notary Public

For Office Use Only

Subdivision File Number:

Date Filed:

Fee: $200.00

Receipt No. :

Revised 10-2017

APPLICATION FOR VACATION OF SUBDIVISION

53-107 VACATION OF SUBDIVISION PLATS OR PORTIONS OF SUBDIVISION PLATSAn existing plat or portion of an existing plat must be vacated by ordinance prior to replatting, after hearings by the PlanningCommission and City Council upon petition by the owners of such lands.

A The ordinance granting the vacation shall specify if any public highways, streets, alleys or other public grounds are to be retained by the City. If the City does not retain any such lands, ownership shall revert to abutting lot owners.

B. Any vacation approved shall, at the owner's expense, be certified to the appropriate County Register of Deeds andbe so recorded. The Register of Deeds shall then note such vacation on the plat by writing in plain, legible letters. Such notation shall also contain a reference to the volume and page in which the ordinance of vacation is recorded. The owners of the lands vacated shall cause the same to be replatted in accordance with the requirements of this Chapter.

C. Where a plat or portion of a plat is vacated where water, sewer and paving are already installed, it shall be theresponsibility of the petitioner to provide water and sewer to any newly created lots in the manner prescribed by the City's Utilities Department.

Applicant/Agent's Name: Buffalo Surveying Corp., Mitchell W. Humphrey, President, Nebr. Reg L.S. No. 492

Applicant/Agent's Address: 5308 Parklane Drive, Suite 3 , P.O. Box 905, Kearney, NE 68848-0905

Phone No.: 308-2 37-3785 E-Mail Address: Mitch@BuffaloSurveying.com

Owner's Name: Advent Group, L.L.C.

Owner's Address: PO Box 1862 , Kearney, NE 68848-1862

Phone No.: ___ _ ____ E-Mail Address: john@coachmasters.com

Legal Description of Property to be Vacated (Use separate sheet if necessary): See Attachd Sheet For Legal Descriptons

Address or general location of property to be vacated: 6410, 6430 & 6520 E Highway 30 (1930' West of Imperial Ave.

VACATION OF SUBDIVISION APPLICATION CHECKLIST

fZI Certified copy of the last deed or document of record from the Register of Deed's Office

fZI Map or survey showing property and area to be vacated must be submitted with peti i• 1 n.

09-2 3 -2021 I../,'" / -_ _ ______ ________ R_ v_:_1_0_-4_-2_1_ / ·. r, Owner's signature Date Applica loperty owni?r,

Applicant certifies by signature th/

hr,!_ is the autlw ized agent of the p,ope,ty owne,) ( ,_ _

We provide services, solutions, and opportunities for our community.

2011-06 & 2015-1509/24/2021

2021-00100719

Resubmitted on 10/05/2021

Project: Master’s Business Park Third

Legal Description: Lot1 and Lot 2, Master’s Business Park, and Lot 1, Master’s Business Park Second, Pt. Gov’t Lot 2

& Pt. of Gov’t Lot 3 in the SE1/4 of Fractional Sect. 27, T 9 N, R 15 W, Buffalo County, NE

Prepared by: Buffalo Surveying Corp., Mitchell W. Humphrey

Owner: Advent Group, L.L.C.

Date: September 23, 2021

BSC Project No. 190088

ATTACHMENT TO THE APPLICATION FOR SUBDIVISON VACATION

Address of Owner: Advent Group, L.L.C. John Goodbrake

P.O. Box 1862 Kearney, NE 68848-1862 john@coachmasters.com

LEGAL DESCRIPTION Lot One (1) and Lot Two(2), Master’s Business Park, a subdivision being part of Government Lot Two (2) and part of Government Lot Three (3) located in the South Half of the Southeast Quarter (S1/2 SE1/4) of Section Twenty Seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska, TOGETHER WITH; Lot One (1), Master’s Business Park Second, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter (SE1/4) of Fractional Section Twenty-Seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska.

For Office Use Only

Rezoning File Number:

Subdivision File Number:

Date Filed:

Fee: $500.00

Receipt No.

APPLICATION FOR REZONING Revised 07-2020

Applicant/Agent's Name: Buffalo Surveying Corp., Mitchell W Humphrey , President, Nebr. Reg. L. S. No. 492 Applicant/Agent's Address: 5 308 Parklane Drive, Suite 3, P.O. Box 905, Kearney, NE 68848-0905

Phone No.: 308-237-3785 E-Mail: _M _it _ch_,@"""-B _uff_a _lo_S_u _rv_e_.y�in_,,g,___.c _o _m ______________ _ Owner's Name: Advent Group , L.L.C. and Blessing Premier Property, LL C Owner's Address: See Attached Sheet for Addresses of the Owners Phone No.: E-Ma il: See Attached Sheet

---------

The Land Use Map shows this area to be: GI , General Industrial, and is compatible with District M-1 zoning. The Land Use Map needs to be amended to:

Application is hereby f iled to rezone from District: AG Legal Description of Property to be Rezoned - Please e-mail wol'dl dlocument ofSee Attached Sheet For Legal Descriptions Address or general location of property to be rezoned: Approximately 1930' West of Imperial Ave. & North of East Hwy 30 Total number of acres to be rezoned: 1.44 Acres, more or less Adjacent zoning to the North: AG South: M-2 East: AG & M-1 West: AG & M-1

---- - ---- ---------

Description of the reason for the rezoning application and the nature and operating characteristics of the proposed use: To add 2 parcels of unplatted land to the existing lots in the Master's Business Park Development 1 tract being 1.37 acres and the other being 0.0 7 acres.

REZONING APPLICATION CHECKLIST

Certified copy of the last deed or document of record from the Register of Deed's Office Map showing area to be rezoned (8 ½ x 1 1)

��/ �/ /' -=---,------,---------------09_ -_23_-2_ 0 _21�, Rv: 1 0-4-20 21 r/.£/�_/2,,,,, , ,,;_, , j'9� Owner's signature Date Applicant's signatur� If dif.feren}flliai ' roperty owner,

Applicant certifies by signature that s/he is-the-aut!zorize agent of the property owner.) / l

We provide services, solutions, and opportunities for our community

2021-172021-2009/24/2021

2021-00100719Resubmitted on 10/05/2021

Project: Master’s Business Park Third

Legal Description: Lot1 and Lot 2, Master’s Business Park, and Lot 1, Master’s Business Park Second, Pt. Gov’t Lot 2

& Pt. of Gov’t Lot 3 in the SE1/4 of Fractional Sect. 27, 9 N, R 15 W, Buffalo County, NE

Prepared by: Buffalo Surveying Corp., Mitchell W. Humphrey

Owner: Blessing Premier Property, L.L.C.

Date: September 23, 2021, Rev 10-04-2021

BSC Project No. 190088

Page 1 of 2

ATTACHMENT TO THE APPLICATION FOR REZONING

Address of Owner: Blessing Premier Property, LLC Ron C. Blessing 1015 W 19th Street Kearney, NE 68845

LEGAL DESCRIPTION FOR SOUTHEASTERLY TRACT

A tract of land being part of Government Lot 2 and part of Government Lot 3 located in Fractional Section Twenty-seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska, more particularly described as follows: Referring to the Northeast Corner of the Southeast Quarter of Section 27 and assuming the Northerly right-of-way line of the Union Pacific Railroad as bearing S 73°08’00” W and all bearings contained herein are relative thereto [such right-of way line being the Northerly line of a strip of land deeded to The State of Nebraska, Department of Roads as described on Quitclaim Deed filed as Instrument 2008-07658, recorded October 20, 2008 in the office of the Register of Deeds of Buffalo County, Nebraska, with said line hereinafter referred to as “the Northerly right-of-way line of the Union Pacific Railroad”]; thence on the East line of the Southeast Quarter of said Section 27, S 00°05’55” E a distance of 1657.0 feet to the point of intersection with the Northerly right-of-way line of the Union Pacific Railroad; thence leaving the East line of the Southeast Quarter of said Section 27 and on the Northerly right-of-way line of the Union Pacific Railroad, S 73°08’00” W a distance of 1767.68 feet to the ACTUAL PLACE OF BEGINNING, said point being the Southwest Corner Lot One (1), Master’s Business Park Second, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter (SE1/4) of Fractional Section Twenty-Seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska, said also point being 9.30 feet northeasterly from the Southeast Corner of Lot One (1), Master’s Business Park, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter (SE1/4) of Fractional Section Twenty-Seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska; thence continuing on the Northerly right-of-way line of the Union Pacific Railroad, S 73°08’00” W a distance of 9.30 feet to the Southeast Corner of said Lot 1, Master’s Business Park; thence leaving the Northerly right-of-way of the Union Pacific Railroad and on the East line of said Lot 1, Master’s Business Park, N 00°16’41” W a distance of 328.64 feet to the Northeast Corner of said Lot 1, Master’s Business Park; thence S 89°59’08” E a distance of 10.58 feet to a point on the West line of Lot 1, Master’s Business Park Second; thence on the West line of said Lot 1, Master’s Business Park Second, S 00°01’16” W a distance of 325.89 feet to the place of beginning. Containing 0.07 acres, more or less.

Project: Master’s Business Park Third

Legal Description: Lot1 and Lot 2, Master’s Business Park, and Lot 1, Master’s Business Park Second, Pt. Gov’t Lot 2

& Pt. of Gov’t Lot 3 in the SE1/4 of Fractional Sect. 27, 9 N, R 15 W, Buffalo County, NE

Prepared by: Buffalo Surveying Corp., Mitchell W. Humphrey

Owner: Blessing Premier Property, L.L.C.

Date: September 23, 2021, Rev 10-04-2021

BSC Project No. 190088

Page 2 of 2

LEGAL DESCRIPTION FOR NORTHWESTERLY TRACT

A tract of land being part of Government Lot 2 located in Fractional Section Twenty-seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska, more particularly described as follows: Referring to the Northeast Corner of the Southeast Quarter of Section 27 and assuming the Northerly right-of-way line of the Union Pacific Railroad as bearing S 73°08’00” W and all bearings contained herein are relative thereto [such right-of way line being the Northerly line of a strip of land deeded to The State of Nebraska, Department of Roads as described on Quitclaim Deed filed as Instrument 2008-07658, recorded October 20, 2008 in the office of the Register of Deeds of Buffalo County, Nebraska, with said line hereinafter referred to as “the Northerly right-of-way line of the Union Pacific Railroad”]; thence on the East line of the Southeast Quarter of said Section 27, S 00°05’55” E a distance of 1657.0 feet to the point of intersection with the Northerly right-of-way line of the Union Pacific Railroad; thence leaving the East line of the Southeast Quarter of said Section 27 and on the Northerly right-of-way line of the Union Pacific Railroad, S 73°08’00” W a distance of 1444.43 feet to the Southeast Corner Lot One (1), Master’s Business Park Second, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter (SE1/4) of Fractional Section Twenty-Seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska; thence continuing on the Northerly right-of-way line of the Union Pacific Railroad and on the Southerly line of said Lot 1, Master’s Business Park Second S 73°08’00” W a distance of 323.25 feet to the Southwest Corner of said Lot 1, Master’s Business Park Second, said point being 9.30 feet northeasterly from the Southeast Corner of Lot One (1), Master’s Business Park, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter (SE1/4) of Fractional Section Twenty-Seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska; thence continuing on the Northerly right-of-way line of the Union Pacific Railroad, S 73°08’00” W a distance of 9.30 feet to the Southeast Corner of said Lot 1, Master’s Business Park; thence continuing on the Northerly right-of-way of the Union Pacific Railroad and on the Southerly line of Lot 1 and Lot 2, of said Master’s Business Park, S 73°08’00” W a distance of 659.98 feet to the Southwest Corner of said Lot 2, Master’s Business Park; thence leaving the Northerly right-of-way line of the Union Pacific Railroad and the Southerly line of said Master’s Business Park, N 02°48’22” E and on the West line of said Lot 2, Master’s Business Park a distance of 521.11 feet to THE ACTUAL PLACE OF BEGINNING; thence

continuing N 02°48’22” E on the West line of said Lot 2, Master’s Business Park, if extended, a distance of 131.47 feet; thence N 89°57’10” E a distance of 448.33 feet to a point on the West line of said Lot 1, Master’s Business Park Second, said point being 28.00 feet southerly from the Northwest Corner of said Lot 1, Master’s Business Park Second, thence on the West line of said Lot 1, Master’s Business Park Second, S 00°02’50” E a distance of 131.91 feet to a point on the North line of said Lot 1, Master’s Business Park; thence on the North line of said Lot 1 and Lot 2, Master’s Business Park; thence N 89°59’08” W a distance of 455.13 feet to the place of beginning. Containing 1.365 acres, more or less.

For Office Use Only

KEARNEY IMfttttttM ,, Hl.'-:\RT l")F Nf!HR:.\SXA

PRELIMINARY PLAT APPLICATION

File Number:

Date Filed:

Fee: $300.00 + 20.00 per lot

Total Paid:

Receipt No.:

Revised 07-2020

Applicant's Name: Buffalo Surveying Corp., Mitchell W. Humphrey, President, Nebr. Reg. LS. No 492 Applicant's Address: 5308 Parklane Drive, Suite 3, P.O. Box 905, Kearney, NE 68848-0905 Phone No. 308-237-3785 E-Mail: _M_it _ch�@�B _u _ffa_l _oS_ u_rv_ e�y�in�g�.c_o _m __ _ _ _ _______ _ _ _ _ _ _Owner's Name: Advent Group, L.L.C. and Blessing Premier Property, LLC Owner's Address: See Attached Sheet for Addresses of the Owners Phone No. E-Mail: See Attached Sheet Number of Lots: 3 Size of Subdivision in Acres: 11.14 Acres, more or less

----�---- -- - ------- --

Gener a I location of property to be developed: Approximately 1930' West of Imperial Ave. & North of East Hwy 30 Subdivision name exactly as to be recorded: MASTER'S BUSINESS PARK THIRD

------------------- - ----- --

PRE LIM IN ARY PLAT CHECKLIST

D If not part of a Rezoning Application - Certified Copy of the last deed of record from the Register of Deeds office 0 Name, address of developer, owner and firm who prepared the plat 0 Location map showing boundary lines of the subdivision with reference to section, township and range lines 0 Proposed name of subdivision 0 Identify surrounding property, railroad right-of-way, utility easements, existing rights-of-way and easements, parks, public

open space, driveways, city limits, existing subdivisions, and other features within 150 feet of the subdivision boundary 0 Present and proposed zoning 0 North arrow and bar scale 0 Metes and bounds description, including dimensions, bearings, curve data, tangent length, radii, arcs, chords, and central

angles for all centerlines and rights-of-way, and centerline curves on streets 0 Acreage of tract 0 Date of original and all revisions 0 Dimensioning of setbacks 0 Proposed width and street names 0 Proposed arrangement of lots, blocks, lot dimensions, and lot areas in square feet or acreage with new block and lot

numbers. 0 Existing and proposed width of easements or land reserved for or dedicated to public use, width and name of proposed

rights-of-way, easements and pedestrian ways D Phasing plan (if applicable) 0 Property lines within 150 feet 0 All existing water courses, floodplains, wetlands, habitat areas or other environmentally sensitive features within 150 feet 0 Topography at two foot contours including areas up to 150 feet of the plat boundaries 0 Existing site drainage system 0 Concept Infrastructure Feasibility Plan including location of water, sanitary sewer, all underground installations for serving

the proposed subdivision including lighting, storm water management and detention 0 Road and paving cross-sections 0 Subdivider shall contact all utility companies and dedicate easements when needed and submit Utilities Comment form 0 Improvement financing plans, including sources of funding (private, assessments, public, Sanitary and Improvement

Districts, and other sources) D Draft Subdivision Agreement (if applicable) 0 Three full size copies of Plat document and one reduced 8 ½ by 11 copy 0 Minimum scale of Plat documents - 1 inch equals 200 feet 0 El_ectronic file in the portable docu�ent format (pdf). All sheets shall oPc?nverted to p�f at full s·_ e yf original document to

City of Kearney, also please e-mail a word do�

he�

nRl1on :s � ":, �tal.

�!;3j��,;'-�021

ApplicanUOwner signature - Applfoaut wtijfo., by .,tg,wtu,e ,btt{ih,y am It,, authorizndi �•t · tf;ii, p-;,,1/"·J Date

2021-2009/24/2021

$360.002021-00100719Resubmitted on 10/05/2021

LEGAL DESCRIPTION

A tract of land being part of Government Lot 2 and part of Government Lot 3located in Fractional Section Twenty-seven (27), Township Nine (9) North, RangeFifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska, withsaid tract of land being inclusive of Lot One (1) and Lot Two (2), Master's BusinessPark, a subdivision being part of Government Lot 2 and part of Government Lot 3located in the Southeast Quarter (SE1/4) of Fractional Section Twenty-Seven (27),Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian,Buffalo County, Nebraska, with said Lot One (1) and Lot Two (2), Master's BusinessPark now vacated, and said tract of land being inclusive of Lot One (1), Master'sBusiness Park Second, a subdivision being part of Government Lot 2 and part ofGovernment Lot 3 located in the Southeast Quarter (SE1/4) of Fractional SectionTwenty-Seven (27), Township Nine (9) North, Range Fifteen (15) West of the SixthPrincipal Meridian, Buffalo County, Nebraska, with said Lot One (1), Master'sBusiness Park Second now vacated, all more particularly described as follows:Referring to the Northeast Corner of the Southeast Quarter of Section 27 andassuming the Northerly right-of-way line of the Union Pacific Railroad as bearing S73°08'00” W and all bearings contained herein are relative thereto [such right-ofway line being the Northerly line of a strip of land deeded to The State of Nebraska,Department of Roads as described on Quitclaim Deed filed as Instrument2008-07658, recorded October 20, 2008 in the office of the Register of Deeds ofBuffalo County, Nebraska, with said line hereinafter referred to as “the Northerlyright-of-way line of the Union Pacific Railroad”]; thence on the East line of theSoutheast Quarter of said Section 27, S 00°05'55” E a distance of 1657.0 feet tothe point of intersection with the Northerly right-of-way line of the Union PacificRailroad; thence leaving the East line of the Southeast Quarter of said Section 27and on the Northerly right-of-way line of the Union Pacific Railroad, S 73°08'00” Wa distance of 1444.43 feet to the ACTUAL PLACE OF BEGINNING, said point beingthe Southeast Corner Lot One (1), now vacated, Master's Business Park Second;thence continuing on the Northerly right-of-way line of the Union Pacific Railroadand on the Southerly line of said Lot 1, Master's Business Park Second S 73°08'00”W a distance of 323.25 feet to the Southwest Corner of said Lot 1, Master'sBusiness Park Second, said point being 9.30 feet northeasterly from the SoutheastCorner of Lot One (1), now vacated, Master's Business Park,; thence continuing onthe Northerly right-of-way line of the Union Pacific Railroad, S 73°08'00” W adistance of 9.30 feet to the Southeast Corner of said Lot 1, Master's Business Park;thence continuing on the Northerly right-of-way of the Union Pacific Railroad andon the Southerly line of Lot 1 and Lot 2, now vacated, of said Master's BusinessPark, S 73°08'00” W a distance of 659.98 feet to the Southwest Corner of said Lot2, Master's Business Park; thence leaving the Northerly right-of-way line of theUnion Pacific Railroad and the Southerly line of said Master's Business Park, N02°48'22” E and on the West line of said Lot 2, Master's Business Park, if extended,a distance of 652.36 feet; thence N 89°57'10” E a distance of 448.33 feet to a pointon the West line of said Lot 1, Master's Business Park Second, said point being28.00 feet southerly from the Northwest Corner of said Lot 1, Master's BusinessPark Second, thence on the West line of said Lot 1, Master's Business Park Second,N 00°02'50” W a distance of 28.00 feet to the Northwest Corner of said Master'sBusiness Park Second; thence on the North line of said Lot 1, Master's BusinessPark Second, N 89°57'10” E a distance of 469.00 feet to the Northeast Corner ofsaid Lot 1, Master's Business Park Second, said point also being the NorthwestCorner of Hitchcock Avenue, a street as shown on the plat and dedication of saidMaster's Business Park Second, thence on the line common to the East line of saidLot 1, Master's Business Park Second and the West line of said Hitchcock Avenue,S 00°02'50” E a distance of 392.59 feet to the place of beginning. Containing 11.14acres, more or less.

NOTES TO PRELIMINARY PLAT

Prepared by Buffalo Surveying Corporation, September 23, 2021 at the request ofAdvent Group, L.L.C. a Nebraska limited liability company and Blessing PremierProperty, LLC, a Nebraska limited liability company to reflect the Preliminary Platas shown.

Address of Owners:Advent Group, L.L.C. Blessing Premier Property, LLCJohn Goodbrake Ron C. Blessing

P.O. Box 1862 1015 W 19th StreetKearney, NE 68848-1862 Kearney, NE 68845

Zoning: The subject property is presently zoned District M-1, Light Industrial District, with a small portion presently zoned District AG, Agricultural District. An application to rezone that of the portion presently zoned District AG, Agricultural District to District M-1, Limited Industrial District.

Acreage: 11.14 acres, more or less.

Storm Water Management: Lot 2 and Lot 3 are developed and no additionalstorm water management is required unless additional development occurs inthe future, then a Storm Water Management Plan will be required as a part of theCity's permitting process. Lot 1 is undeveloped at the present time. Upon thedevelopment of Lot 1, a Storm Water Management Plan will be required for onsitedetention. A plan will be submitted to the City of Kearney when an applicationfor a building permit is submitted to the City of Kearney.

Public Paving Sewer and Water Financing: This site does not require pubicpaving, sanitary sewer or storm sewer construction.

Individual Well and Septic Placement: This site is located outside of the City ofKearney's service area and therefore no public sanitary sewer, and water lineconstruction will be required for this project. Connection to public sewer andwater may be required should services become available to the site. Thestructures located on Lot 2 and Lot 3 are presently served by the use of an onsiteindividual well and septic systems. Lot 1 will be served by and onsite anindividual well and septic system constructed at the time of development of thelot. Each lot is greater than 3.0 acres; therefore there is no requirement forsubdivision approval by the State of Nebraska Department of Environment andEnergy (NDEE) for compliance with NAC Title 124, Rules and Regulations for theDesign, Operation and Maintenance of Onsite Wastewater Treatment Systems toobtain City approval for this subdivision.

Road Paving and Paving Cross Sections: There is no Road Paving and PavingCross Sections required as there will be no new public paving required for thisproject. Public road access to Lot 2 and Lot 3 will be with the use of a relocateddriveway along Highway 30 to be located on the common lot line between thelots. The relocation of the common driveway will require a driveway permitgranted by the State of Nebraska Department of Transportation. The existingdriveway in front of Lot 3 will be removed with a ditch section constructed tomatch the existing ditch along Highway 30. Public road access to Lot 1 will bealong Hitchcock Avenue. Hitchcock Avenue is planned to be constructed withthe impending development of the Prairie View Business Park project located tothe east of this site. There will be no other direct access to West Highway 30granted along the frontage of any lot abutting Highway 30.

Floodplain: No portion of the subject property is located within a designatedfloodplain as defined by the current Flood Insurance Rate Map.

Survey information: Spot elevations and contours shown are based upon anactual field survey. Spot elevations and the contours are relative to the NorthAmerican Vertical Datum of 1988 (NAVD 1988).

Project: Master’s Business Park Third

Legal Description: Master’s Business Park Third, Pt. Gov’t Lot 2 & Pt. of Gov’t Lot 3 in the SE1/4 of Fractional Sect.

27, T 9 N, R 15 W, Buffalo County, NE

Prepared by: Buffalo Surveying Corp., Mitchell W. Humphrey

Owner: Advent Group, L.L.C.

Date: September 23, 2021, Rev 10-04-2021

BSC Project No. 190088

ATTACHMENT TO THE PRELIMINARY PLAT APPLICATION AND THE FINAL PLAT APPLICATION

Address of Owners: Advent Group, L.L.C. Blessing Premier Property, LLC John GoodBrake Ron C. Blessing P.O. Box 1862 1015 W 19th Street

Kearney, NE 68848-1862 Kearney, NE 68845 john@coachmasters.com

LEGAL DESCRIPTION

A tract of land being part of Government Lot 2 and part of Government Lot 3 located in Fractional Section Twenty-seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska, with said tract of land being inclusive of Lot One (1) and Lot Two (2), Master’s Business Park, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter (SE1/4) of Fractional Section Twenty-Seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska, with said Lot One (1) and Lot Two (2), Master’s Business Park now vacated, and said tract of land being inclusive of Lot One (1), Master’s Business Park Second, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter (SE1/4) of Fractional Section Twenty-Seven (27), Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska, with said Lot One (1), Master’s Business Park Second now vacated, all more particularly described as follows: Referring to the Northeast Corner of the Southeast Quarter of Section 27 and assuming the Northerly right-of-way line of the Union Pacific Railroad as bearing S 73°08’00” W and all bearings contained herein are relative thereto [such right-of way line being the Northerly line of a strip of land deeded to The State of Nebraska, Department of Roads as described on Quitclaim Deed filed as Instrument 2008-07658, recorded October 20, 2008 in the office of the Register of Deeds of Buffalo County, Nebraska, with said line hereinafter referred to as “the Northerly right-of-way line of the Union Pacific Railroad”]; thence on the East line of the Southeast Quarter of said Section 27, S 00°05’55” E a distance of 1657.0 feet to the point of intersection with the Northerly right-of-way line of the Union Pacific Railroad; thence leaving the East line of the Southeast Quarter of said Section 27 and on the Northerly right-of-way line of the Union Pacific Railroad, S 73°08’00” W a distance of 1444.43 feet to the ACTUAL PLACE OF BEGINNING, said point being the Southeast Corner Lot One (1), now vacated, Master’s Business Park Second; thence continuing on the Northerly right-of-way line of the Union Pacific Railroad and on the Southerly line of said Lot 1, Master’s Business Park Second S 73°08’00” W a distance of 323.25 feet to the Southwest Corner of said Lot 1, Master’s Business Park Second, said point being 9.30 feet northeasterly from the Southeast Corner of Lot One (1), now vacated, Master’s Business Park,; thence continuing on the Northerly right-of-way line of the Union Pacific Railroad, S 73°08’00” W a distance of 9.30 feet to the Southeast Corner of said Lot 1, Master’s Business Park; thence continuing on the Northerly right-of-way of the Union Pacific Railroad and on the Southerly line of Lot 1 and Lot 2, now vacated, of said Master’s Business Park, S 73°08’00” W a distance of 659.98 feet to the Southwest Corner of said Lot 2, Master’s Business Park; thence leaving the Northerly right-of-way line of the Union Pacific Railroad and the Southerly line of said Master’s Business Park, N 02°48’22” E and on the West line of said Lot 2, Master’s Business Park, if extended, a distance of 652.36 feet; thence N 89°57’10” E a distance of 448.33 feet to a point on the West line of said Lot 1, Master’s Business Park Second,

Project: Master’s Business Park Third

Legal Description: Master’s Business Park Third, Pt. Gov’t Lot 2 & Pt. of Gov’t Lot 3 in the SE1/4 of Fractional Sect.

27, T 9 N, R 15 W, Buffalo County, NE

Prepared by: Buffalo Surveying Corp., Mitchell W. Humphrey

Owner: Advent Group, L.L.C.

Date: September 23, 2021, Rev 10-04-2021

BSC Project No. 190088

said point being 28.00 feet southerly from the Northwest Corner of said Lot 1, Master’s Business Park Second, thence on the West line of said Lot 1, Master’s Business Park Second, N 00°02’50” W a distance of 28.00 feet to the Northwest Corner of said Master’s Business Park Second; thence on the North line of said Lot 1, Master’s Business Park Second, N 89°57’10” E a distance of 469.00 feet to the Northeast Corner of said Lot 1, Master’s Business Park Second, said point also being the Northwest Corner of Hitchcock Avenue, a street as shown on the plat and dedication of said Master’s Business Park Second, thence on the line common to the East line of said Lot 1, Master’s Business Park Second and the West line of said Hitchcock Avenue, S 00°02’50” E a distance of 392.59 feet to the place of beginning. Containing 11.14 acres, more or less.

For Office Use Only

File Number:

Date Filed:

Fee: $300 + $15 per lot

Total Paid:

Receipt No.:

FINAL PLAT APPLICATION Revised 07-2020

Applicant's Name: Buffalo Surveying Corp. , Mitchell W. Humphrey, President, Nebr. Reg. LS. No 492Applicant's Address: 5308 Parklane Drive, Suite 3, P.O. Box 905, Kearney, NE 68848-0905Phone No. 308-237-3785 E-Mail: _M_it _c _h@=--B_u_ff _a _lo_S_u _rv_e_;_y_in_,,g_. c_o _m ____________ _____ _Owner's Name: Advent Group, L.L. C. and Blessing Premier Property, LLCOwner's Address: See Attached Sheet for Addresses of the OwnersPhone No. _______ E-Mail: _S _e _e _A_tt _a _ch_ e_d_ S_he_ e_ t _______________ ______ _Number of Lots: 3 Size of Subdivision in Acres: 11. 14 Acres, more or less

------'------------------

1 s the property located outside City limits? Yes� No D Does the property need to be annexed? Yes D No�

Address/location of property to be developed: Approximately 1930' West of Imperial Ave. & North of East Hwy 30Subdivision name exactly as to be recorded: MASTER'S BUSINESS PARK THIRD

----------- ------- ------ ---

Fin a I Plat Check List

D If not part of a zoning application - Certified copy of the last deed of record from the Register of Deed's Office� Name, address of developer, owner and firm who prepared the plat� Location map, showing boundary lines with reference to section, township and range lines� Proposed name of subdivision� Present and proposed zoning� North arrow and bar scale� Signature blocks for Planning Commission Chairman, Mayor and City Clerk with appropriate certification blocks see

Chapter 53, Table 53-1, of the Code of the City of Kearney � Existing monumentation including bearings and distances to reference points or monuments� Metes and bounds description, including dimensions, bearings, curve data, tangent length, radii, arch, chords and central

angles for all centerlines and rights-of-way and centerline curves on streets� Acreage of tract� Date of original and all revisions� Proposed width and street names� Proposed arrangement of lots, blocks, lot dimensions and Jot areas in square feet or acreage with new block and lot

numbers � Dimensions of building setback lines on front and side street� Existing and proposed width of easements or land reserved for or dedicated to public use, width and name of proposed

rights-of-way, easements and pedestrian waysD Phasing Plan (if applicable)D Drainage calculations and percolation tests if needed� Infrastructure Feasibility Plan including location of water, sanitary sewer, all underground installations for serving the

proposed subdivision including lighting, storm water management and detention� Subdivider shall contact all utility companies and dedicate easements when needed and submit Utilities Comment Form� Certifications and seals from licensed Professional Engineer and/or Registered Land Surveyor as required by State

Statute � Improvement ,financing plans, including sources of funding (private, assessments, public, Sanitary and Improvement

Districts and other sources � Final Subdivision Agreement (if applicable) � Three full size copies of plat document and one reduced 8 ½ by 11 copy� Required minimum scale of Plat documents - one inch equals 100 feet � Fully executed 18x24 inch submission on Mylar of Final Plat to City Clerk by Wednesday prj,or). to Council meeting � Elec.tronic file in the portable docum�nt format (pdf). All sheet951iall be c.on.vert�d to pd_j'.,a�Jull siz� of original documents

to City of Kearney, also please e-mail a wo�;:���s ;:�lite submittal.

��;;f ��i1

2021-2009/24/2021

$345.002021-00100719

Resubmitted on 10/05/2021

Address of Owners:Advent Group, L.L.C. Blessing Premier Property, LLCJohn Goodbrake Ron C. Blessing

P.O. Box 1862 1015 W 19th Street Kearney, NE 68848-1862 Kearney, NE 68845

SURVEYOR'S CERTIFICATE

I, Mitchell W. Humphrey, President of Buffalo Surveying Corporation, do herebycertify that, Buffalo Surveying Corporation surveyed “MASTER'S BUSINESS PARKTHIRD”, a subdivision being part of Government Lot 2 and part of Government Lot3 located in the Southeast Quarter of Fractional Section Twenty-seven (27),Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian,Buffalo County, Nebraska, as shown on the above plat, that the lot is well andaccurately staked off and marked, the dimensions of the lots are as shown on theabove plat, the each lot bears its own number, and that survey was made withreference to known and recorded monuments.

(S E A L) BUFFALO SURVEYING CORPORATION

Mitchell W. Humphrey, PresidentNebr. Registered Land Surveyor No. 492

NOTE

The zoning prior to the approval of this subdivision plat wasDistrict AG, Agricultural District and District M-1, LimitedIndustrial District. The zoning upon approval of this subdivisionplat is District M-1, Limited Industrial District.

LEGAL DESCRIPTION

A tract of land being part of Government Lot 2 and part of Government Lot 3located in Fractional Section Twenty-seven (27), Township Nine (9) North, RangeFifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska, withsaid tract of land being inclusive of Lot One (1) and Lot Two (2), Master's BusinessPark, a subdivision being part of Government Lot 2 and part of Government Lot 3located in the Southeast Quarter (SE1/4) of Fractional Section Twenty-Seven (27),Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian,Buffalo County, Nebraska, with said Lot One (1) and Lot Two (2), Master's BusinessPark now vacated, and said tract of land being inclusive of Lot One (1), Master'sBusiness Park Second, a subdivision being part of Government Lot 2 and part ofGovernment Lot 3 located in the Southeast Quarter (SE1/4) of Fractional SectionTwenty-Seven (27), Township Nine (9) North, Range Fifteen (15) West of the SixthPrincipal Meridian, Buffalo County, Nebraska, with said Lot One (1), Master'sBusiness Park Second now vacated, all more particularly described as follows:Referring to the Northeast Corner of the Southeast Quarter of Section 27 andassuming the Northerly right-of-way line of the Union Pacific Railroad as bearing S73°08'00” W and all bearings contained herein are relative thereto [such right-ofway line being the Northerly line of a strip of land deeded to The State of Nebraska,Department of Roads as described on Quitclaim Deed filed as Instrument2008-07658, recorded October 20, 2008 in the office of the Register of Deeds ofBuffalo County, Nebraska, with said line hereinafter referred to as “the Northerlyright-of-way line of the Union Pacific Railroad”]; thence on the East line of theSoutheast Quarter of said Section 27, S 00°05'55” E a distance of 1657.0 feet tothe point of intersection with the Northerly right-of-way line of the Union PacificRailroad; thence leaving the East line of the Southeast Quarter of said Section 27and on the Northerly right-of-way line of the Union Pacific Railroad, S 73°08'00” Wa distance of 1444.43 feet to the ACTUAL PLACE OF BEGINNING,said point being the Southeast Corner Lot One (1), now vacated, Master's BusinessPark Second; thence continuing on the Northerly right-of-way line of the UnionPacific Railroad and on the Southerly line of said Lot 1, Master's Business ParkSecond S 73°08'00” W a distance of 323.25 feet to the Southwest Corner of said Lot1, Master's Business Park Second, said point being 9.30 feet northeasterly from theSoutheast Corner of Lot One (1), now vacated, Master's Business Park,; thence continuing on the Northerly right-of-way line ofthe Union Pacific Railroad, S 73°08'00” W a distance of 9.30 feet to the SoutheastCorner of said Lot 1, Master's Business Park; thence continuing on the Northerlyright-of-way of the Union Pacific Railroad and on the Southerly line of Lot 1 andLot 2, now vacated, of said Master's Business Park, S 73°08'00” W a distance of659.98 feet to the Southwest Corner of said Lot 2, Master's Business Park; thenceleaving the Northerly right-of-way line of the Union Pacific Railroad and theSoutherly line of said Master's Business Park, N 02°48'22” W and on the West lineof said Lot 2, Master's Business Park, if extended, a distance of 652.36 feet; thenceN 89°57'10” E a distance of 448.33 feet to a point on the West line of said Lot 1,Master's Business Park Second, said point being 28.00 feet southerly from theNorthwest Corner of said Lot 1, Master's Business Park Second, thence on theWest line of said Lot 1, Master's Business Park Second, N 00°02'50” W a distanceof 28.00 feet to the Northwest Corner of said Master's Business Park Second;thence on the North line of said Lot 1, Master's Business Park Second, N 89°57'10”E a distance of 469.00 feet to the Northeast Corner of said Lot 1, Master's BusinessPark Second, said point also being the Northwest Corner of Hitchcock Avenue, astreet as shown on the plat and dedication of said Master's Business Park Second,thence on the line common to the East line of said Lot 1, Master's Business ParkSecond and the West line of said Hitchcock Avenue, S 00°02'50” E a distance of392.59 feet to the place of beginning. Containing 11.14 acres, more or less.

DEDICATION

KNOW ALL MEN BY THESE PRESENTS, that Advent Group, L.L.C., a Nebraskalimited liability company, owner,Blessing Premier Property, LLC, a Nebraskalimited liability company, owner, Five Points Bank, Beneficiary under Deed ofTrust, and NebraskaLand Bank, formerly known as NebraskaLand National Bank,Beneficiary under Deed of Trust, being the sole owners and beneficiaries of theland described hereon have caused the same to be surveyed, subdivided, plattedand designated as “MASTER'S BUSINESS PARK THIRD”, a subdivision being partof Government Lot 2 and part of Government Lot 3 located in the SoutheastQuarter of Fractional Section Twenty-seven (27), Township Nine (9) North, RangeFifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska, andsaid owners and beneficiaries do hereby ratify and approve the disposition of theirproperty as shown on the above plat, and hereby dedicates to the use and benefitof the public, the utility easements as shown upon said plat, and theingress-egress easement shown on the above plat dedicated for the use of theowners of Lot 2 and Lot 3, their guests and invitees, and acknowledge saidsubdivision to be made with the free consent and in accord with the desires of saidowners and beneficiaries.Dated this day of , 2021.

ADVENT GROUP, L.L.C. a Nebraska limited liabilitycompany, by and through its Managing Member/Manager,John Goodbrake

By: John Goodbrake, Managing Member/Manager

FIVE POINTS BANK, Beneficiary under Deed of Trust

By: (sign name)

(print name)

(print title)

BLESSING PREMIER PROPERTY, LLC, a Nebraska limited liabilitycompany, by and through its Managing Member, Ron C. Blessing

By: Ron C. Blessing, Managing Member

NEBRASKALAND BANK, formerly known as NebraskaLand National Bank,Beneficiary under Deed of Trust

By: (sign name)

(print name)

(print name)

ACKNOWLEDGMENTS

STATE OF NEBRASKA )) ss:

COUNTY OF BUFFALO )

The foregoing Document was acknowledged before me this day of 2021, by Advent Group, L.L.C., a Nebraska limited liability company, by and through its Managing Member/Manager, John Goodbrake.

(S E A L)

Notary Public

My commission expires

STATE OF NEBRASKA )) ss:

COUNTY OF BUFFALO )

The foregoing Document was acknowledged before me this day of 2021, by FIVE POINTS BANK, Beneficiary under Deed Of Trust, by and through its , .

(S E A L)

Notary Public

My commission expires

STATE OF NEBRASKA )) ss:

COUNTY OF BUFFALO )

The foregoing Document was acknowledged before me this day of , 2021, by Blessing Premier Property, LLC, a Nebraska limitedliability company, by and through its Managing Member, Ron C. Blessing.

(S E A L)

Notary Public

My commission expires

STATE OF NEBRASKA )) ss:

COUNTY OF BUFFALO )

The foregoing Document was acknowledged before me this day of , 2021, by NEBRASKALAND BANK, formerly known asNebraskaLand National Bank, Beneficiary under Deed of Trust, by andthrough its , .

(S E A L)

Notary Public

My commission expires

APPROVAL OF KEARNEY, NEBRASKA, CITY PLANNING COMMISSION

The undersigned , Chairpersonor Vice-Chairperson of the City Planning Commission of the City of Kearney,Buffalo County, Nebraska, does hereby certify that the foregoing plat of as surveyed“MASTER'S BUSINESS PARK THIRD”, a subdivision being part of Government Lot2 and part of Government Lot 3 located in the Southeast Quarter of FractionalSection Twenty-seven (27), Township Nine (9) North, Range Fifteen (15) West of theSixth Principal Meridian, Buffalo County, Nebraska, was submitted to the Kearney,Nebraska, Planning Commission for a public meeting and review and thatrecommendation by the Kearney, Nebraska, Planning Commission was made to theCity Council on the day of , 2021.

Chairperson or Vice-Chairperson

Print Name and Title

APPROVAL OF KEARNEY, NEBRASKA, CITY COUNCIL

The above and foregoing plat was submitted to the City Council in and for the Cityof Kearney, Buffalo County, Nebraska, and duly considered by this Council at itsregular meeting assembled on the day of , 2021,and upon motion duly made and recorded, the same was approved, solely withinthe terms and meanings of Section 16-901 through 16-904 inclusive, R.R.S. 1943(as amended) as a suburban development, not a part of the City, in all respects bya majority vote of the members of such Council.

Dated this day of , 2021.

(S E A L)

____________________________________STANLEY A. CLOUSEPRESIDENT OF THE COUNCIL

and Ex-Officio Mayor

ATTEST: _________________________________ LAUREN BRANDT

CITY CLERK

RESOLUTION NO.

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OFKEARNEY, NEBRASKA, that the plat of surveyed “MASTER'S BUSINESS PARKTHIRD”, a subdivision being part of Government Lot 2 and part of Government Lot3 located in the Southeast Quarter of Fractional Section Twenty-seven (27),Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian,Buffalo County, Nebraska, described as a tract of land being part of GovernmentLot 2 and part of Government Lot 3 located in Fractional Section Twenty-seven (27),Township Nine (9) North, Range Fifteen (15) West of the Sixth Principal Meridian,Buffalo County, Nebraska, with said tract of land being inclusive of Lot One (1) andLot Two (2), Master's Business Park, a subdivision being part of Government Lot 2and part of Government Lot 3 located in the Southeast Quarter (SE1/4) ofFractional Section Twenty-Seven (27), Township Nine (9) North, Range Fifteen (15)West of the Sixth Principal Meridian, Buffalo County, Nebraska, with said Lot One(1) and Lot Two (2), Master's Business Park now vacated, and said tract of landbeing inclusive of Lot One (1), Master's Business Park Second, a subdivision beingpart of Government Lot 2 and part of Government Lot 3 located in the SoutheastQuarter (SE1/4) of Fractional Section Twenty-Seven (27), Township Nine (9) North,Range Fifteen (15) West of the Sixth Principal Meridian, Buffalo County, Nebraska,with said Lot One (1), Master's Business Park Second now vacated, all moreparticularly described as follows: Referring to the Northeast Corner of theSoutheast Quarter of Section 27 and assuming the Northerly right-of-way line ofthe Union Pacific Railroad as bearing S 73°08'00” W and all bearings containedherein are relative thereto [such right-of way line being the Northerly line of a stripof land deeded to The State of Nebraska, Department of Roads as described onQuitclaim Deed filed as Instrument 2008-07658, recorded October 20, 2008 in theoffice of the Register of Deeds of Buffalo County, Nebraska, with said linehereinafter referred to as “the Northerly right-of-way line of the Union PacificRailroad”]; thence on the East line of the Southeast Quarter of said Section 27, S00°05'55” E a distance of 1657.0 feet to the point of intersection with the Northerlyright-of-way line of the Union Pacific Railroad; thence leaving the East line of theSoutheast Quarter of said Section 27 and on the Northerly right-of-way line of theUnion Pacific Railroad, S 73°08'00” W a distance of 1444.43 feet to the ACTUALPLACE OF BEGINNING, said point being the Southeast Corner Lot One (1), nowvacated, Master's Business Park Second; thence continuing on the Northerlyright-of-way line of the Union Pacific Railroad and on the Southerly line of said Lot1, Master's Business Park Second S 73°08'00” W a distance of 323.25 feet to theSouthwest Corner of said Lot 1, Master's Business Park Second, said point being9.30 feet northeasterly from the Southeast Corner of Lot One (1), now vacated,Master's Business Park,; thence continuing on the Northerly right-of-way line ofthe Union Pacific Railroad, S 73°08'00” W a distance of 9.30 feet to the SoutheastCorner of said Lot 1, Master's Business Park; thence continuing on the Northerlyright-of-way of the Union Pacific Railroad and on the Southerly line of Lot 1 andLot 2, now vacated, of said Master's Business Park, S 73°08'00” W a distance of659.98 feet to the Southwest Corner of said Lot 2, Master's Business Park; thenceleaving the Northerly right-of-way line of the Union Pacific Railroad and theSoutherly line of said Master's Business Park, N 02°48'22” E and on the West lineof said Lot 2, Master's Business Park, if extended, a distance of 652.36 feet; thenceN 89°57'10” E a distance of 448.33 feet to a point on the West line of said Lot 1,Master's Business Park Second, said point being 28.00 feet southerly from theNorthwest Corner of said Lot 1, Master's Business Park Second, thence on theWest line of said Lot 1, Master's Business Park Second, N 00°02'50” W a distanceof 28.00 feet to the Northwest Corner of said Master's Business Park Second;thence on the North line of said Lot 1, Master's Business Park Second, N 89°57'10”E a distance of 469.00 feet to the Northeast Corner of said Lot 1, Master's BusinessPark Second, said point also being the Northwest Corner of Hitchcock Avenue, astreet as shown on the plat and dedication of said Master's Business Park Second,thence on the line common to the East line of said Lot 1, Master's Business ParkSecond and the West line of said Hitchcock Avenue, S 00°02'50” E a distance of392.59 feet to the place of beginning, containing 11.14 acres, more or less.

BE IT FURTHER RESOLVED that the Subdivision Agreement, marked asExhibit “A” attached hereto and made a part hereof by reference, be and is herebyapproved and that the President of the Council be and is hereby authorized anddirected to execute said agreement on behalf of the City of Kearney, Nebraska. SaidSubdivision Agreement shall be filed with the final plat with the Buffalo CountyRegister of Deeds.

BE IT FURTHER RESOLVED that the President of the Council be and is herebyauthorized and directed to execute the final plat on behalf of the City of Kearney,Nebraska.

PASSED AND APPROVED THIS DAY OF ,2021.

ATTEST: STANLEY A. CLOUSEPRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

LAUREN BRANDT CITY CLERK

NOTES TO INFRASTRUCTURE PLAN

Prepared by Buffalo Surveying Corporation, September 23, 2021 at the request ofAdvent Group, L.L.C. a Nebraska limited liability company and Blessing PremierProperty, LLC, a Nebraska limited liability company.

Address of Owners:Advent Group, L.L.C. Blessing Premier Property, LLCJohn Goodbrake Ron C. Blessing

P.O. Box 1862 1015 W 19th StreetKearney, NE 68848-1862 Kearney, NE 68845

Storm Water Management: Lot 2 and Lot 3 are developed and no additionalstorm water management is required unless additional development occurs inthe future, then a Storm Water Management Plan will be required as a part of theCity's permitting process. Lot 1 is undeveloped at the present time. Upon thedevelopment of Lot 1, a Storm Water Management Plan will be required for onsitedetention. A plan will be submitted to the City of Kearney when an applicationfor a building permit is submitted to the City of Kearney.

Public Paving Sewer and Water Financing: This site does not require pubicpaving, sanitary sewer or storm sewer construction.

Individual Well and Septic Placement: This site is located outside of the City ofKearney's service area and therefore no public sanitary sewer, and water lineconstruction will be required for this project. Connection to public sewer andwater may be required should services become available to the site. Thestructures located on Lot 2 and Lot 3 are presently served by the use of an onsiteindividual well and septic systems. Lot 1 will be served by and onsite anindividual well and septic system constructed at the time of development of thelot. Each lot is greater than 3.0 acres; therefore there is no requirement forsubdivision approval by the State of Nebraska Department of Environment andEnergy (NDEE) for compliance with NAC Title 124, Rules and Regulations for theDesign, Operation and Maintenance of Onsite Wastewater Treatment Systems toobtain City approval for this subdivision.

Road Paving and Paving Cross Sections: There is no Road Paving and PavingCross Sections required as there will be no new public paving required for thisproject. Public road access to Lot 2 and Lot 3 will be with the use of a relocateddriveway along Highway 30 to be located on the common lot line between thelots. The relocation of the common driveway will require a driveway permitgranted by the State of Nebraska Department of Transportation. The existingdriveway in front of Lot 3 will be removed with a ditch section constructed tomatch the existing ditch along Highway 30. Public road access to Lot 1 will bealong Hitchcock Avenue. Hitchcock Avenue is planned to be constructed withthe impending development of the Prairie View Business Park project located tothe east of this site. There will be no other direct access to West Highway 30granted along the frontage of any lot abutting Highway 30.

Survey information: Contours shown are based upon an actual field survey.Spot elevations and the contours are relative to the North American VerticalDatum of 1988 (NAVD 1988).

UTILITY COMMENT FORM

DRT No.: [City Use Only]

To: All Utility Companies

From: Buffalo Surveying Corp. Phone: 308-237-3785

Date: September 23, 2021

Project: “MASTER’S BUSINESS PARK THIRD, a subdivision being part of, part of Gov’t Lot 2

and part of Gov’t Lot 3 located in Fractional Section 27, Township 9 North, Range 15 West of the 6th Principal Meridian, Buffalo County, Nebraska. NOTE: Located on the north side of East Highway 30 approximately 1930’ west of the intersection of East Highway 30 and Imperial Avenue, and west of the undeveloped Hitchcock Avenue. (6410, 6430 & 6520 E. Highway 30, Kearney, NE) This invitation is sent to all utility companies so that they may review the utility easements shown on the plat for the project described here and submit comments to the engineer or surveyor listed above. The platting process requires that easements be dedicated on the plat in compliance with Chapter 56-112 of the City of Kearney Code. However, there are situations when additional easements may be desirable or required. If additional easements other than those described in Chapter 56-112 are deemed necessary by a utility provider, the “ADDITIONAL EASEMENTS REQUESTED” box shall be checked, justification for said easements shall be clearly explained in the “COMMENT” section below, and the location and width of the proposed easement(s) shall be marked on an attached copy of the Final Plat. This form shall be signed, dated, and returned to the City within seven (7) days. This form and the final plat mark-up will be reviewed by the Development Review Team and the developer and a decision regarding the additional easements shall be rendered within five (5) business days. [Company Name]

Plat Reviewed [Date] Additional Easements Requested [Contact Information]

[Signature]

Comments:

[Signature] [Date]

For questions regarding the Utility Comment Form: City of Kearney – Development Services

Melia Schelstrate, Associate Planner MSchelstrate@kearneygov.org O 308-233-3227

F 308-233-3223

UTILITY CONTACT LIST

Charter Communications Paul shaneyfelt

Paul.Shaneyfelt.zavala@charter.com Office: 308-698-1745 Cell: 308-385-8013

Dawson Public Power District

Gary Hains ghains@dawsonpower.com Office: 308-234-2386 Cell: 308-627-5248

Frontier Communications

Dan Tucker with MidState Consultant dtucker@mscon.com Phone No. 402-405-2247

Tall Grass Energy Partners

CR McCoy charles.mccoy@tallgrassenergylp.com val.snyder@tallgrassenergylp.com Office: 308-865-0735 Cell: 308-293-2761

Black Hills Energy

Kent Tobler kent.tobler@blackhillscorp.com Office: 308-865-6258 Cell: 308-224-4475

Nebraska Public Power District

Corey McIntosh cjmcint@nppd.com Office: 236-2224 Cell: 308-386-6248

Northwestern Gas

Dennis Placke dennis.placke@northwestern.com Office: 308-237-4123 Cell: 308-380-0869 Unite Private Networks

Shanon Morris shanon.morris@upnfiber.com Office: 402-802-9747 Cell: 402-575-1239

City of Kearney – Public Works Department

Andrew Harter aharter@kearneygov.org Office: 308-233-3246

City of Kearney – Utilities Department

Anton Jelinek ajelinek@kearneygov.org Office: 308-233-3259

1

Melia Schelstrate

From: Mitch Humphrey - Buffalo Surveying Corp. <Mitch@BuffaloSurveying.com>Sent: Wednesday, October 6, 2021 9:48 AMTo: Melia Schelstrate; Melissa Dougherty-O'HaraSubject: FW: [External] Master's Transportaion Site (6410 and 6330 East Hwy 30, Kearney, NE

Importance: High

Melia and Melissa:  Here is the transmittal from the Nebraska D.O.T. regarding the driveway relocation and removals.  See Frank Stepanek’s comments below.  Thank you,  Mitch Humphrey 

Mitchell W. Humphrey, President Nebr. Registered Land Surveyor No. 492 BUFFALO SURVEYING CORP. 5308 Parklane Dr. Suite 3 P.O. Box 905 Kearney, Nebraska 68848-0905 Office: 308-237-3785 Cell: 308-440-5768 www.BuffaloSurveying.com Mitch@BuffaloSurveying.com  Confidentiality Statement:    “The information contained in this message is confidential information intended only for the use of the individual or entity identified above.  If the receiver of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited.  If you have received this message in error, please immediately notify the sender by replying to his/her e‐mail address noted above and delete the message.”  

   

From: Stepanek, Frank [mailto:Frank.Stepanek@nebraska.gov] Sent: Wednesday, October 06, 2021 8:56 AM To: Mitch Humphrey - Buffalo Surveying Corp. Cc: Wahlgren, Wes Subject: RE: Master's Transportaion Site (6410 and 6330 East Hwy 30, Kearney, NE  The state will allow the existing drive on lot 3 to move east 211ft to be shared by lots 2&3. The drive will be removed from lot 3.  Lot 1 drive will be removed and accessed onto future new city street.   

2

 Frank Stepanek District ROW Permit Officer 211 N. Tilden Grand Island, NE. 68802 o. 308‐385‐6265 c. 308‐379‐9164 Frank.Stepanek@nebraska.gov 

 

From: Mitch Humphrey ‐ Buffalo Surveying Corp. <Mitch@BuffaloSurveying.com>  Sent: Tuesday, October 5, 2021 2:54 PM To: Stepanek, Frank <Frank.Stepanek@nebraska.gov> Subject: FW: Master's Transportaion Site (6410 and 6330 East Hwy 30, Kearney, NE Importance: High  Frank:  Here is the information that I sent to you.  Please respond back indicating the DOT’s approval for moving the existing driveway to the east along the common lot line to the east.  The City of Kearney wants some evidence of our conversation for their files.   Thank you,  Mitch Humphrey 

Mitchell W. Humphrey, President Nebr. Registered Land Surveyor No. 492 BUFFALO SURVEYING CORP. 5308 Parklane Dr. Suite 3 P.O. Box 905 Kearney, Nebraska 68848-0905 Office: 308-237-3785 Cell: 308-440-5768 www.BuffaloSurveying.com Mitch@BuffaloSurveying.com  Confidentiality Statement:    “The information contained in this message is confidential information intended only for the use of the individual or entity identified above.  If the receiver of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited.  If you have received this message in error, please immediately notify the sender by replying to his/her e‐mail address noted above and delete the message.”  

  

This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. 

Planning Commission Kearney, Nebraska October 15, 2021 9:00 a.m. Chairman Dart called to order the City of Kearney Planning Commission meeting at 9:00 a.m. on Friday, October 15, 2021. The following members were present: Stan Dart, Monte Dakan, Jeremy Feusner, Dave Malone, Richard McGinnis, John Rickard, Brent Yaw, and Melissa Scott-Pandorf. The following member was absent: Joey Cochran. Melissa Dougherty-O’Hara, City Planner and Melia Schelstrate, Associate Planner were also present. Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being filed with these minutes. Advance notice of the meeting was also given to the Planning Commission and availability of the agenda was communicated in the advance notice. All proceedings hereafter shown were taken while the meeting was open to the attendance of the public. ANNOUNCEMENT Chairman Dart announced that in accordance with Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review and is posted on the wall at the back of the Council Chambers. APPROVAL OF THE SEPTEMBER 17, 2021 MINUTES Moved by McGinnis and seconded by Rickard that the minutes of the September 17, 2021, Planning Commission meeting be approved. Roll call resulted as follows: Aye: Dakan, Feusner, McGinnis, Rickard, Yaw, Pandorf. Abstain: Malone, Dart. Absent: Cochran. Nay: None. Motion carried. SUBDIVISION VACATION NO. 2011-06 Application submitted by Buffalo Surveying Corp. for Advent Group, LLC to vacate Lot 1 and Lot 2, Master’s Business Park, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the South Half of the Southeast Quarter of Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (6410 and 6430 E Highway 30).

This and the next four agenda items were discussed together and voted on separately.

October 15, 2021 Page 2

Mitch Humphrey from Buffalo Surveying Corp. presented this item to the Planning Commission. Mr. Humphrey represented Advent Group, LLC and Blessing Premier Property, LLC. This site is located west of Imperial Avenue on Highway 30, in the 6400-6500 block of East Highway 30, west of the recently approved Prairie View Business Park. The Master’s Business Park Development is comprised of Lot One of Master’s Business Park Second and Lots One and Two of Master’s Business Park. They are requesting to add a bit of ground to the lots and reconfigure the shape of the lots. Currently Master’s Business Park Second and Master’s Business Park are zoned M-1. Prairie View Business Park to the east was just zoned M-1. The zoning they are proposing for the small tracts of land that they are wanting to add would be compatible with the existing zoning in the area, as well as the future land use map and comprehensive plan. The tracts that they would like to rezone are 1.37 acres to the north edge of Master’s Business Park and 0.07 acres that Blessing Premier Property obtained when they purchased the ground around it a number of years ago. They didn’t realize that the 0.07-acre strip of land came with the deal. Both parcels do not conform to the standards, if not for size then for accessibility because the 0.07-acre piece of property is too small for that zoning classification and it’s along U.S. Highway 30 which is a controlled access highway. Advent Group, LLC is going to purchase the 1.37-acre piece, along with the 0.07 acre piece. After the vacation of Master’s Business Park and Master’s Business Park Second, the lots will be incorporated into a three-lot subdivision to straighten up the lot line. Lot One of Master’s Business Park Second is somewhat of an L-shaped lot, and Lots One and Two of Master’s Business Park are more or less rectangular type polygons. The access point for the lots is off of the existing driveway into where Advent Group has the bus facility where they sell and lease buses. The access then continues over to the farm machinery facility. An easement was placed across Lot Two because they couldn’t get another access point from the State for Lot One of Mater’s Business Park. Each lot of the new subdivision will be an excess of 3 acres so NDEE review is not necessary for compliance with the well and septic separation. They proved to the State that it would be to their benefit if the existing driveway and easement went away and the driveway was moved to the common lot line. Hitchcock Avenue, which was recently approved by City Council, creates better spacing and functionality for Lots Two and Three with one driveway. There is a field drive on the property that is no longer used for a number of years. The farmer who owned it found it better to access his field from Imperial Avenue anyway, so he never used it. As part of the deal they are going to reconstruct the ditch at

October 15, 2021 Page 3

the field driveway in the southwest corner of Lot One, and reconstruct the ditch where the existing driveway is so that it won’t provide access. A new permit will be required for the construction of the new driveway that will access Lots Two and Three. Chairman Dart asked to clarify if Lot One of the final subdivision is accessed off of Hitchcock Avenue. Mr. Humphrey stated that is correct. The State doesn’t want anymore access points along the corridor, so the driveway will come off of Hitchcock Avenue. The permitting for the well and septic systems will be taken care of at the time of construction, as will City and State requirements for stormwater detention. Overall, the project consists of a three-lot subdivision with an ingress egress easement for Lots Two and Three, access off of Hitchcock Avenue for Lot One, and incorporating the three tracts, or two tracts that are unplatted, into the various lots. Member Malone asked if the easement off of Highway 30 for Lots Two and Three is an easement across State property. Mr. Humphrey stated that it will be an access point off of State property with a common easement on Lots Two and Three so that there is access to both lots. They designed the easement to be 66-feet wide total, which is probably an excess of what a normal ingress egress easement would need to be. They decided that the easement needed to be 66-feet wide and far enough north so that the machinery and the trucks that they bring in and out of the site can come off the highway, straighten out, and then peel off to their respective lots. Member Malone asked if there is a 40-foot surface coming off the highway. Mr. Humphrey stated the maximum width that they can have for a driveway is 40-feet wide, so it will be no more than 40-feet wide. Going onto the site, where it makes more sense to provide a little more width for access purposes, they have done that. Member Malone asked if the State has any plans to put a turning lane out there. Mr. Humphrey stated that at this point and time, the State doesn’t think a turning lane is necessary. However, they do traffic counts on a regular basis, and if the traffic warrants turn lanes or reduced speeds that will be address at that time in the future.

October 15, 2021 Page 4

Member Rickard stated that there shouldn’t be too much additional traffic because those businesses have been there for an extended period of time. They are just changing the driveway location. Mr. Humphrey agreed. In fact, it is a better spacing according to what the State told him. Even though it is only a few hundred feet, it is better spacing so it’s a safer condition for the traffic flow along the highway. City Planner stated that the proposed zoning amendment is consistent with the existing zoning of the lots and compatible with the future land use designation purposes. Lots are compliant with the zoning district M-1 site development regulations, and the layout is not significantly changing and is compatible with the surrounding land uses. The development has provided adequate connectivity to existing transportation networks and is consistent with the 2016 comprehensive plans as referenced. Staff recommends approval of the vacations, rezoning, preliminary plat, and final plat all as presented. Moved by McGinnis and seconded by Rickard that the application submitted by Buffalo Surveying Corp. for Advent Group, LLC to vacate Lot 1 and Lot 2, Master’s Business Park, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the South Half of the Southeast Quarter of Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (6410 and 6430 E Highway 30) be submitted to City Council with a recommendation for approval.

Roll call resulted as follows: Aye: Feusner, Malone, McGinnis, Rickard, Yaw, Pandorf, Dart, Dakan. Absent: Cochran. Nay: None. Motion carried. SUBDIVISION VACATION NO. 2015-15 Application submitted by Buffalo Surveying Corp. for Advent Group, LLC to vacate Lot 1, Master’s Business Park Second, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (6520 E Highway 30).

This agenda item was discussed during the subdivision vacation item no. 2011-06. Moved by McGinnis and seconded by Rickard that the application submitted by Buffalo Surveying Corp. for Advent Group, LLC to vacate Lot 1, Master’s Business Park Second, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (6520 E Highway 30) be submitted to City Council with a recommendation for approval.

October 15, 2021 Page 5

Roll call resulted as follows: Aye: Malone, McGinnis, Rickard, Yaw, Pandorf, Dart, Dakan, Feusner. Absent: Cochran. Nay: None. Motion carried. REZONING NO. 2021-17 Application submitted by Buffalo Surveying Corp. for Advent Group, LLC and Blessing Premier Property, LLC to rezone from District AG, Agricultural District to District M-1, Limited Industrial District for property described as a tract of land being part of Government Lot 2 and part of Government Lot 3 located in Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska; AND a tract of land being part of Government Lot 2 located in Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (Approximately 1,930-feet West of Imperial Avenue and North of East Highway 30). This agenda item was discussed during the subdivision vacation item no. 2011-06. Chairman Dart opened the public hearing. There was no one present in opposition to this hearing. Chairman Dart closed the hearing. Moved by McGinnis and seconded by Rickard that the application submitted by Buffalo Surveying Corp. for Advent Group, LLC and Blessing Premier Property, LLC to rezone from District AG, Agricultural District to District M-1, Limited Industrial District for property described as a tract of land being part of Government Lot 2 and part of Government Lot 3 located in Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska; AND a tract of land being part of Government Lot 2 located in Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (Approximately 1,930-feet West of Imperial Avenue and North of East Highway 30) be submitted to City Council with a recommendation for approval.

Roll call resulted as follows: Aye: McGinnis, Rickard, Yaw, Pandorf, Dart, Dakan, Feusner, Malone. Absent: Cochran. Nay: None. Motion carried. PRELIMINARY PLAT NO. 2021-20 Application submitted by Buffalo Surveying Corp. for Buffalo Surveying Corp. for Advent Group, LLC and Blessing Premier Property, LLC for the Preliminary Plat for Master’s Business Park Third, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, for property described as a tract of land being part of Government Lot 2 and part of Government Lot 3 located

October 15, 2021 Page 6

in Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, with said tract of land being inclusive of Lot 1 and Lot 2, Master’s Business Park, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, with said Lot 1 and Lot 2, Master’s Business Park to be vacated, and said tract of land being inclusive of Lot 1, Master’s Business Park Second, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, with said Lot 1, Master’s Business Park Second to be vacated (Approximately 1,930-feet West of Imperial Avenue and North of East Highway 30). *FINAL ACTION* This agenda item was discussed during the subdivision vacation item no. 2011-06. Chairman Dart opened the public hearing. There was no one present in opposition to this hearing. Chairman Dart closed the hearing. Moved by McGinnis and seconded by Rickard that the application submitted by Buffalo Surveying Corp. for Buffalo Surveying Corp. for Advent Group, LLC and Blessing Premier Property, LLC for the Preliminary Plat for Master’s Business Park Third, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, for property described as a tract of land being part of Government Lot 2 and part of Government Lot 3 located in Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, with said tract of land being inclusive of Lot 1 and Lot 2, Master’s Business Park, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, with said Lot 1 and Lot 2, Master’s Business Park to be vacated, and said tract of land being inclusive of Lot 1, Master’s Business Park Second, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, with said Lot 1, Master’s Business Park Second to be vacated (Approximately 1,930-feet West of Imperial Avenue and North of East Highway 30) be approved. *FINAL ACTION*

Roll call resulted as follows: Aye: Rickard, Yaw, Pandorf, Dart, Dakan, Feusner, Malone, McGinnis. Absent: Cochran. Nay: None. Motion carried.

October 15, 2021 Page 7

FINAL PLAT NO. 2021-20 Application submitted by Buffalo Surveying Corp. for Buffalo Surveying Corp. for Advent Group, LLC and Blessing Premier Property, LLC for the Final Plat for Master’s Business Park Third, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, for property described as a tract of land being part of Government Lot 2 and part of Government Lot 3 located in Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, with said tract of land being inclusive of Lot 1 and Lot 2, Master’s Business Park, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, with said Lot 1 and Lot 2, Master’s Business Park to be vacated, and said tract of land being inclusive of Lot 1, Master’s Business Park Second, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, with said Lot 1, Master’s Business Park Second to be vacated (Approximately 1,930-feet West of Imperial Avenue and North of East Highway 30). This agenda item was discussed during the subdivision vacation item no. 2011-06. Chairman Dart opened the public hearing. There was no one present in opposition to this hearing. Chairman Dart closed the hearing. Moved by McGinnis and seconded by Rickard that the application submitted by Buffalo Surveying Corp. for Buffalo Surveying Corp. for Advent Group, LLC and Blessing Premier Property, LLC for the Final Plat for Master’s Business Park Third, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, for property described as a tract of land being part of Government Lot 2 and part of Government Lot 3 located in Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, with said tract of land being inclusive of Lot 1 and Lot 2, Master’s Business Park, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, with said Lot 1 and Lot 2, Master’s Business Park to be vacated, and said tract of land being inclusive of Lot 1, Master’s Business Park Second, a subdivision being part of Government Lot 2 and part of Government Lot 3 located in the Southeast Quarter of

October 15, 2021 Page 8

Fractional Section 27, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, with said Lot 1, Master’s Business Park Second to be vacated (Approximately 1,930-feet West of Imperial Avenue and North of East Highway 30) be submitted to City Council with a recommendation for approval.

Roll call resulted as follows: Aye: Yaw, Pandorf, Dart, Dakan, Feusner, Malone, McGinnis, Rickard. Absent: Cochran. Nay: None. Motion carried. FUTURE LAND USE MAP AMENDMENT NO. 2021-02 - WITHDRAWN Application submitted by Miller & Associates for Grand West LLC, a Nebraska Limited Liability Company (c/o Kent Holsten), for an amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from Low Density Residential to Medium Density Residential for property described as Lots 2 and 3, Block 4, Fountain Hills Fifth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (Northwest corner of 50th Street and 11th Avenue).

Chairman Dart stated that there is a formal request from the applicant that this item be withdrawn, therefore no action is necessary. REQUEST TO POSTPONE TO NOVEMBER 19, 2021 REZONING NO. 2021-18 Application submitted by Miller & Associates for Grand West LLC, a Nebraska Limited Liability Company (c/o Kent Holsten) to rezone from District R-1, Urban Residential Single-Family District (Low Density) to District R-2, Urban Residential Mixed-Density District for property described as Lots 2 and 3, Block 4, Fountain Hills Fifth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (Northwest corner of 50th Street and 11th Avenue). Chairman Dart stated that there is a formal request from the applicant to postpone this item to the November 19, 2021 Planning Commission meeting. Moved by McGinnis and seconded by Yaw that the application submitted by Miller & Associates for Grand West LLC, a Nebraska Limited Liability Company (c/o Kent Holsten) to rezone from District R-1, Urban Residential Single-Family District (Low Density) to District R-2, Urban Residential Mixed-Density District for property described as Lots 2 and 3, Block 4, Fountain Hills Fifth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (Northwest corner of 50th Street and 11th Avenue) be postponed to the November 19, 2021 Planning Commission meeting.

Roll call resulted as follows: Aye: Pandorf, Dart, Dakan, Feusner, Malone, McGinnis, Rickard, Yaw. Absent: Cochran. Nay: None. Motion carried.