Loading...
ORD 38824 - Easment for property at Elmwood Park to MUD COS, M"""�N Parks, Recreation & �`�`i �'�> RECEIVED Public Property Department `II � l¢y �1 Omaha/Douglas Civic Center VMU t9 SEP -3 PM1819 Farnam Street,Suite 701 2-I. F � o� ry Omaha,Nebraska 68183-0701444 (402)444-5900 o�'7'ED FEBRJr�y € t ' I FAX(402)444-4921 City of Omaha Melinda Pearson Jim Suttle,Mayor Director September 14, 2010 Honorable President and Members of the City Council, Transmitted herewith is an Ordinance requested by the Parks, Recreation and Public Property Department providing for the transfer of a permanent easement, upon City,owned property in Elmwood Park, 808 South 60th Street, Omaha, Nebraska, to Metropolitan Utilities District (M.U.D.). This easement is needed for the installation and maintenance of a six-inch 60#plastic gas main to serve as one of the major arteries of the infrastructure replacement project in eastern Omaha. This Ordinance authorizes the Mayor to execute the attached easement which will transfer property interest to M.U.D. Your favorable consideration of this ordinance is respectfully requested. Re ectfully submi ed, Referred to City Council for Consideration: ' LUZ,1/44/6 OA '1 WO (.A)a,Y; 1\► t.t Q a /3 II 0 Melin Pearson, Director Date Mayor's Office Date p:1333dkj .,' ORDINANCE NO. cr,42 f AN ORDINANCE to transfer a permanent easement in land upon city owned property, known as Elmwood Park, located at 808 South 60th Street Omaha, Nebraska, to Metropolitan Utilities District (M.U.D.) for the installation and maintenance of an six-inch 60# plastic gas main to serve as one of the major arteries of the infrastructure replacement project in eastern Omaha; to authorize the Mayor to execute the attached Permanent Easement Agreement; and to provide an effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City of Omaha, notwithstanding the procedure outlined in Section 27-51 to 27-75 of the Omaha Municipal Code will transfer to the M.U.D. a permanent easement, in accordance with the attached Permanent Easement Agreement on the following property: A tract of land in the Southwest 1/4 of the Southeast '/4 and in the Southeast 1/4 of the Southwest 1/4 of Section 24, Township 15 North, Range 12 East of the 6th Principal Meridian in Douglas County,Nebraska and being described as follows: Commencing at the Southeast Corner of said Section 24; thence South 90°00'00"West(assumed bearing) along the South line of said Section 24, a distance of 1930.00 feet; thence North 0°00'00" West for a distance of 33.00 feet to the point of beginning; thence North 0°00'00" West for a distance of 10.00 feet; thence North 90°00'00" West for a distance of 325.00 feet; thence North 0°00'00" West for a distance of 5.00 feet; thence North 90°00'00" West for a distance of 365.00 feet; thence North 0°00'00" West for a distance of 5.00 feet; thence North 90°00'00" West for a distance of 40.00 feet; thence South to,0°00'00" East for a distance of 20.00 feet; thence South 90°00'00" East for a distance of 730.00 feet to the point of beginning This permanent easement contains 0.2187 of an acre, more or less and is shown on the attached drawing hereto and made a part hereof by reference. Section 2. That the Mayor of the City of Omaha shall be authorized to execute the Permanent Easement Agreement attached to this Ordinance. Section 3. That this Ordinance shall be in full force and take effect on the date of its passage. Ordinance No. c.M 2 Page 2 INTRODUCED BY COUNCILMEMBER 4447 Pg-tv4144442° APPROVED BY: OR OF THE CITY OF OMAH DATE PASSED SEP 2'8 2010 o ATTEST: ITY CIE OF E CITY OF OMAHA D TE APPROVED AS TO FORM: 6\, aN1A'(-- 0 UTY CITY ATTORNEY DATE p:1334dkj PERMANENT EASEMENT THIS AGREEMENT, made this day of , 2010 between the • CITY OF OMAHA, a Body•Corporation and Politic, ("Grantor"), and METROPOLITAN UTILITIES DISTRICT OF OMAHA, a Municipal Corporation and Political Subdivision, ("Grantee"), WITNESS: Grantor, in consideration of the sum of Two Dollars ($2.00) and other valuable consideration, receipt of which is acknowledged, hereby grants to Metropolitan Utilities District of Omaha, its successors and assigns, a permanent easement to lay, maintain, operate, repair, relay and remove, at any time, underground pipelines for the transportation of gas and all appurtenances thereto, including, but not limited to, round iron covers, roadway boxes, cc box, manhole, hydrants, boring under all driveways to minimize ingress and egress issues, pipeline markers, and a temporary easement for construction purposes, together with the right of ingress and egress for the above purpose under and through lands described as follows: PERMANENT EASEMENT A tract of land in the Southwest 'A of the Southeast % and in the Southeast '/4 of the Southwest '/4 of Section 24, Township 15 North, Range 12 East of the 6th Principal Meridian in Douglas County, Nebraska and being described as follows: Commencing at the Southeast Corner of said Section 24; thence South 90°00'00" West (assumed bearing) along the South line of said Section 24, a distance of 1,930.00 feet; thence North 0°00'00" West for a distance of 33.00 feet to • the point of beginning; thence North 0°00'00" West for a distance of 10.00 feet; thence North 90°00'00" West for a distance of 325.00 feet; thence North 0°00'00" West for a distance of 5.00 feet; thence North 90°00'00" West for a distance of 365.00 feet; thence North 0°00'00" West for a •distance of 5.00 feet; thence North 90°00'00" West for a distance of 40.00 feet; thence South 0°00'00" East for a distance of 20.00 feet; thence South 90°00'00" East for a distance of 730 feet to the point of beginning This permanent easement contains 0.2187 of an acre, more or less, and is shown on the attached drawing hereto and made a part hereof by reference. 1. The Grantor and its successors and assigns shall not at any time erect, construct or place on or below the surface of the permanent easement any building or Please tile&return to: A.Justin Cooper,Attorney Metropolitan Utilities District 1723 Harney Street Omaha,Nebraska 68102-1960 structure, except pavement or a similar covering, and shall not permit anyone else to do so. • 2. The Grantee shall restore the soil excavated for any purpose hereunder, as nearly as is reasonably possible to its original contour within a reasonable time after the work is performed. The Grantee shall be responsible for the replacement or repair of all City improvements, including but not limited to paving and sewers and their appurtenances that are damaged as a result of grantee's construction. 3. The Grantor is the lawful possessor of this real property; has good, right and lawful authority to make this conveyance; and Grantor and its successors and assigns shall warrant and defend this conveyance and shall indemnify and hold harmless Grantee forever against claims of all persons asserting any right, title or interest prior to or contrary to this conveyance. 4. The person executing this instrument has authority to execute it on behalf of the City of Omaha. IN WITNESS WHEREOF, Grantor executes this Permanent Easement on the above date. CITY OF OMAHA, a Body Corporation and Politic, Grantor ..,.... T..oteeaf.._ By. M James Suttle , ATTEST: City Cierk ACKNOWLEDGMENT STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) This instrument was acknowledged before me on...AM .))181'l .3 ) , 2010, by James Suttle, Mayor of the CITY OF OMAHA, on behalf of the City of Omaha. GENERAL NOTARY-State of Nebraska Nota&// '0Publcic THERESA L.ELLROTT _.-,-24 My Comm.E>y.March 16,2013 APPR PAST FOR t DEPUTY CITY ATTORNEY -2- West for a distance of 5.00 feet; thence North 90°00'00" West for a distance of 365.00 feet; thence North 0°00'00" West for a •distance of 5.00 feet; thence North 90°00'00" West for a distance of 40.00 feet; thence South 0°00'00" East for a distance of 20.00 feet; thence South 90°00'00" East for a distance of 730 feet to the point of beginning This permanent easement contains 0.2187 of an acre, more or less, and is shown on the attached drawing hereto and made a part hereof by reference. 1. The Grantor and its successors and assigns shall not at any time erect, construct or place on or below the surface of the permanent easement any building or Please tile&return to: A.Justin Cooper,Attorney Metropolitan Utilities District 1723 Harney Street Omaha,Nebraska 68102-1960 U 1 & ♦ e t k. , '`,~ r O O m 0 m 0 m O D O 2 � O�o I m p m p 5 3 -Di < 1 < D < 1 � -DIm1D D 3 -1 ]1 -i Z 70 z m ' m r�, ymam . m > m p D z D A O Q D m 3 p m • O 23 O m O m E n m n Q n D =v O < w m < j -< m { m m m 0 p N D N CI) < { { N (J S, 0 OT N C m z-I r- p mb m m Z� 0 Q N (n 7�0 D , p m m N D C 4' -i m �C) m r- m -1 D w D N Q --I N D N 1} It Q 2 I-. n \ z b. MATCHLINE 'A-A' 1 'o 'o I o 0 W MEL 33 . I O fii ? A N 1 I N I g 59.20' 133' 66th--ST-s ---1 1 - 1 1. 1.5/110N ® ( N N O V III .A ` vtZ O == b � G V. N e C7 ooee N L° Imap al 62nd ST,A 0 06 .1 I b I •O D3 CP 1n a _ _ _`un , m s �' A OOm I \ z _ °_' N poem 1 1 oeoe O 71 p •O 1 CD n O , ; OO O g u- -w G' i .. �N m u m V I ; COOP v Doe 10 WZ> WM" I ‘a. N 5 p0 U WON MO tit I O p 10 "O P Z-I • 1 W p O _ Z 1 , N1Z0 io u 6 G •• , bO I tt 11O II t p ,y ! 102 pp 64th ST.q , _ 61st ST. S zo-i N "' " m $ xso t3. Ma MO iSZ o. v170 J O - OS E 0 z°� 0 oo o $ z"'0 D MR 1r G g mp m '� Zm MEEm � D N -1,3 91 MN DO g lligir w m sP N " 33' Co U twill A 4 _ Iw �1 ST.----- m w a_ ---- u o a • u I Yi N ;p� ."3' 33'1133'e al Na 10 u t100 1 D Ii I I 01 ♦ r 1 1 4 0.y0 1 I 0, O Pi 63rd ST. $ ,,,101 rn 33. 33. MATCHLINE 'A-A' • 9' 4 / PERMANENT EASEMENT THIS AGREEMENT, made this day of , 2010 between the CITY OF OMAHA, a Body Corporation and Politic, ("Grantor"), and METROPOLITAN UTILITIES DISTRICT OF OMAHA, a Municipal Corporation and Political Subdivision, ("Grantee"), WITNESS: Grantor, in consideration of the sum of Two Dollars ($2.00) and other valuable consideration, receipt of which is acknowledged, hereby grants to Metropolitan Utilities District of Omaha, its successors and assigns, a permanent easement to lay, maintain, operate, repair, relay and remove, at any time, underground pipelines for the transportation of gas and all appurtenances thereto, including, but not limited to, round iron covers, roadway boxes, cc box, manhole, hydrants, boring under all driveways to minimize ingress and egress issues, pipeline markers, and a temporary easement for construction purposes, together with the right of ingress and egress for the above purpose under and through lands described as follows: PERMANENT EASEMENT A tract of land in the Southwest % of the Southeast '/4 and in the Southeast '/4 of the Southwest '/4 of Section 24, Township 15 North, Range 12 East of the 6th Principal Meridian in Douglas County, Nebraska and being described as follows: N poem 1 1 oeoe O 71 p •O 1 CD n O , ; OO O g u- -w G' i .. �N m u m V I ; COOP v Doe 10 WZ> WM" I ‘a. N 5 p0 U WON MO tit I O p 10 "O P Z-I • 1 W p O _ Z 1 , N1Z0 io u 6 G •• , bO I tt 11O II t p ,y ! 102 pp 64th ST.q , _ 61st ST. S zo-i N "' " m $ xso t3. Ma MO iSZ o. v170 J O - OS E 0 z°� 0 oo o $ z"'0 D MR 1r G g mp m '� Zm MEEm � D N -1,3 91 MN DO g lligir w m sP N " 33' Co U twill A 4 _ Iw �1 ST.----- m w a_ ---- u o a • u I Yi N ;p� ."3' 33'1133'e al Na 10 u t100 1 D Ii I I 01 ♦ r 1 1 4 0.y0 1 I 0, O Pi 63rd ST. $ ,,,101 rn 33. 33. MATCHLINE 'A-A' • structure, except pavement or a similar covering, and shall not permit anyone else to do so. • 2. The Grantee shall restore the soil excavated for any purpose hereunder, as nearly as is reasonably possible to its original contour within a reasonable time after the work is performed. The Grantee shall be responsible for the replacement or repair of all City improvements, including but not limited to paving and sewers and their appurtenances that are damaged as a result of grantee's construction. 3. The Grantor is the lawful possessor of this real property; has good, right and lawful authority to make this conveyance; and Grantor and its successors and assigns shall warrant and defend this conveyance and shall indemnify and hold harmless Grantee forever against claims of all persons asserting any right, title or interest prior to or contrary to this conveyance. 4. The person executing this instrument has authority to execute it on behalf of the City of Omaha. IN WITNESS WHEREOF, Grantor executes this Permanent Easement on the above date. CITY OF OMAHA, a Body Corporation and Politic, Grantor By: M James Suttle ATTEST: City Cierk _ Meridian in Douglas County, Nebraska and being described as follows: N poem 1 1 oeoe O 71 p •O 1 CD n O , ; OO O g u- -w G' i .. �N m u m V I ; COOP v Doe 10 WZ> WM" I ‘a. N 5 p0 U WON MO tit I O p 10 "O P Z-I • 1 W p O _ Z 1 , N1Z0 io u 6 G •• , bO I tt 11O II t p ,y ! 102 pp 64th ST.q , _ 61st ST. S zo-i N "' " m $ xso t3. Ma MO iSZ o. v170 J O - OS E 0 z°� 0 oo o $ z"'0 D MR 1r G g mp m '� Zm MEEm � D N -1,3 91 MN DO g lligir w m sP N " 33' Co U twill A 4 _ Iw �1 ST.----- m w a_ ---- u o a • u I Yi N ;p� ."3' 33'1133'e al Na 10 u t100 1 D Ii I I 01 ♦ r 1 1 4 0.y0 1 I 0, O Pi 63rd ST. $ ,,,101 rn 33. 33. MATCHLINE 'A-A' , 0 Ti 0 '1 03 CO C H N �• P' ~© n a z z - . t 0 0 - Q X 0 m 0 z 1.4 2 0 A m W (D M ^ (D 5. O O C 0 -0 0 -0 a CD U) U) --s (D Er�°- el (D (D CD DJ r r . N \ 0 f�, • 3 X -I rt (D 7 n- DJ 0 70 (D (D D C O rr .-1 O 0 /OQ v co Q rt c H. rr = rt"0 rt Dm �- a qzm o v �(p (D r r CD fD D 6 1 (�D CCU Z Z = (D te a' (7. n � rt a n (� u, (D m � (D � rt � Z rn O fD 0 CD N O o' pi 0.4-r c N -< U) 3' O0 • c, CD = moo (D -, cu � cocm � o o Q CD rr (D rr (CD " 3 Ln Q rr ICD =� � ° 0 o ca' \ 0 -S (Do. om oo = rno �, acv 3n -" � = o cn * = -, rt rr fp rt (1i r. ;=r (D O r) = t-r O-c = CD V) X (D = rr--r Q 0 < Q) n \ \ c(n 0) s rt 73 = • ` �70 rn OCD) - 2: rn Q tio Z t.f) rn ril v E rcirl ._.... —1 0 o n C Q. W lir O ° 4 r (4, R- z \. u 6 G •• , bO I tt 11O II t p ,y ! 102 pp 64th ST.q , _ 61st ST. S zo-i N "' " m $ xso t3. Ma MO iSZ o. v170 J O - OS E 0 z°� 0 oo o $ z"'0 D MR 1r G g mp m '� Zm MEEm � D N -1,3 91 MN DO g lligir w m sP N " 33' Co U twill A 4 _ Iw �1 ST.----- m w a_ ---- u o a • u I Yi N ;p� ."3' 33'1133'e al Na 10 u t100 1 D Ii I I 01 ♦ r 1 1 4 0.y0 1 I 0, O Pi 63rd ST. $ ,,,101 rn 33. 33. MATCHLINE 'A-A' "NOTICE TO PUBLIC- THE DAILY RECORD The following Ordinance has been set for • City Council."Heart g'•on September 21, OF Ow,r I A 2010,at 2:00 p:m. MA A AN.ORDINANCE to try sfer„e permanent •easement inJanupon['city,owned,eproperty, RONALD A. HENNINGSEN, Publisher known as iEirnwood ark,;located,at 808 1 South 60th',4Stie'etAiOmehaligNebtaska, to PROOF OF PUBLICATION Metropolitan.Utilities;District;,IM;U.D.) for the installation,and-maintenencelof a six- inch 60$plastic gas,rrrainato.serve.es,one of UNITED STATES OF AMERICA, the major arteries, of• the-infrastructure replacement project in eastern.,Omaha; to The State of Nebraska, authorize the Mayor to executeFthe.attached SS. Permanent Easement Agreement; and to District of Nebraska, provide en effective date thereof. County of Douglas, BUSTER BROWN, Cit of Omaha, • City Clerk y 9.17-10 J.BOYD being duly sworn,deposes and says that she is LEGAL EDITOR of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE • DAILY RECORD,of Omaha,on September 17, 2010 s That.;;^ • . er during that time was re arly published and in g.;1. • cc • 'r' the County of Douglas,and S e of Nebraska. /�i C ;• GEN ERq�•.% Ul I • �N��OTARY l Subscribed in my prese A d sworn to bef •'b*sher s'�!�Mr,ISSIQQN 1.5 t me this th of LvaiREs, A/,i�itio opies '�i September 1, 1 Nk (IF" Notary Public' d as - t f ebras a OS E 0 z°� 0 oo o $ z"'0 D MR 1r G g mp m '� Zm MEEm � D N -1,3 91 MN DO g lligir w m sP N " 33' Co U twill A 4 _ Iw �1 ST.----- m w a_ ---- u o a • u I Yi N ;p� ."3' 33'1133'e al Na 10 u t100 1 D Ii I I 01 ♦ r 1 1 4 0.y0 1 I 0, O Pi 63rd ST. $ ,,,101 rn 33. 33. MATCHLINE 'A-A' V "NOTICE PUBLIC" THE DAILY RECORD ORDINANCEE NO.O.38838824 AN ORDINANCE y a permanent OF OMAHA easement in land upon city owned pro city property, known as Elmwood Park, located at 808 South 60th Street Omaha, Nebraska, to RONALD A. HENNINGSEN, Publisher Metropolitan Utilities District (M.U.D.) for the installation and maintenance of a Six- PROOF OF PUBLICATION inch 60k plastic gas main to serve as one of the major arteries of the infrastructure replacement project in eastern Omaha; to authorize the Mayor to execute the attached UNITED STATES OF AMERICA, Permanent Easement Agreement; and to The State of Nebraska, provide an effective date thereof. SS. SUMMARY: District of Nebraska, AN ORDINANCE to transfer a permanent Countyof Douglas, easement in land upon city owned property, ou g known as Elmwood Park, Iodated at 808 City of Omaha, South 60th Street Omaha, Nebraska, to Metropolitan Utilities District (M.U.D.) for the installation and maintenance of a.six- J.BOYD inch 605 plastic gas main to serve as one of the major arteries of the infrastructure being duly sworn,deposes and says that she is . replacement project in eastern Omaha; to authorize the Mayor to execute the attached LEGAL EDITOR Permanent Easement Agreement; and to provide an effective date thereof. PASSED:September 28,2010,7-0 of THE DAILY RECORD, of Omaha, a legal newspaper, printed and APPROVED BY: published dailyin the English language, having bonafide paid JllMSUTTLE SUTTEE 9/30/10 g av g a MAYOR OF THE circulation in Douglas County in excess of 300 copies, printed in CITY OF OMAHA Omaha,in said County of Douglas,for more than fifty-two weeks last BUSTER BROWN, City Clerk past; that the printed notice hereto attached was published in THE 10-6-10 DAILY RECORD,of Omaha,on October 6, 2010 Tha er during that time was re arly ublished and in eF'l,lcilrce b the County of Douglas, to of Nebraska. �NERA�.•.•. NOTARY •'; Subscribed in my p e and sworn to before s1lerCsMMSS �oIREION S$ 2$ • me this 6th da f A itioi4al„C • ries dr: 2 0 sT9r fHtl P1P1Y'.. ��S?4 0 1 P(Jr NEB Notary Public r g to ebr ska D Ii I I 01 ♦ r 1 1 4 0.y0 1 I 0, O Pi 63rd ST. $ ,,,101 rn 33. 33. MATCHLINE 'A-A'