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RES 2008-0059 - Amendment to agmt with Papio Missouri River natural resources district for operation of Youngman Lake { ; r : l Parks, Recreation & `1 0111 Public Property Department p�tl�(,i� ,! � l�7 DEC �'3 j7; I: ti S� Omaha/Douglas Civic Center (i®.50,1?*-4 ro 1819 Famam Street,Suite 701 "PAro Omaha,Nebraska 68183-0701 (402)444-5900 o4/WD FEBIO CITY C I r,'K FAX(402)444-4921 City of Omaha n ri ai H A, N t:1' :fit i is A Steven Scarpello Mike Fahey,Mayor January 8, 2008 Director Honorable President and Members of the City Council On April 6, 2006 the City Council approved an Ordinance formalizing an Interlocal Cooperation Agreement between the Papio-Missouri River Natural Resources District (P-MNRD), the City of Omaha and the City of Elkhorn detailing the obligations and responsibilities of each party relative to the operation and maintenance of property associated with Youngman Lake located on the northwest corner of 192nd Street and West Dodge Road. • Since this original Agreement assigned a portion of the P-MNRD's property, and associated authorities and responsibilities to the City of Elkhorn, the P-MNRD has now requested an Addendum to the original Interlocal Cooperation Agreement be authored to formally re-assign the entire property to the City of Omaha, following Omaha's annexation of Elkhorn. Therefore, the purpose of this Resolution, and its associated First Addendum to the Interlocal Cooperation Act Agreement, is to amend the current three party agreement and to authorize the Mayor to sign the Addendum between the two remaining parties, the P-MNRD and the City of Omaha. Additionally, the purposed Addendum also updates several elements of the current Agreement, to include a specific agreement by the P-MNRD to reimburse the City of Omaha for costs incurred to construct a wetland water filtration element for the Lake. The Finance Department is authorized to anticipate and accept a payment in the amount of thirty eight thousand dollars ($38,000.00) for the construction of this wetland water filtration element for the Lake. These funds are to be deposited into 2000 Park Bond, Fund No. 13352. WHEREAS, it is in the best interests of the City of Omaha and the residents thereof that the City enter into this Amended Agreement to facilitate the funding of this affordable rental housing Project. By Councilmember Adopted City Clerk Approved Mayor incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate allowed by law. For the purposes of this Section: (a) attorney fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation and (b) prevailing party shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise. 22 s' • • '71 s on a Saturday, Sunday, or Nebraska legal holiday, then the closing shall be held on 17 ive relief; and for such purposes. it is hereby expressly acknowledged and agreed that damages at taw will be an inadequate remedy for a breach or threatened breach of any provision of this Agreement, it being the intention of this sentence to make it clear the agreement of the parties that the respective rights and on) Name J (� s lUv=� • Signature ilWZ '2"(VT� 90 Calendar days following award Title x�S( I Phone r �Ete,-1�`,3'5'- '1' 1 Fax 5 (5.- Address 5(cc t(i y ( AZ_ 00(\IE a NIC 1 1 A SG • YStreet/PO Box City State Zi / V� E-Mail Address F s 04.6) (Ol.(JfA,•(1 \�t r\401( 1 I i j /� 64p,„,Ii � � 1 4.. . - - J'''4-....'11 .'-'°iirrb'll • i Ounrum Arab ,. crayt take . , ;. •...,..e. •••. • .t•ta rtfor,, 1 tiarttxt A . • • . . ,....i:o.,...--;'‘donalct Mac Rat.frark • Buste.P Irk g.? e.n,•••P.i.r. s • • . DES MOINES, IOWA • . 1 ••- . e,servicing or repair of any machine •` _, \\\V accident or improper maintenance. manufactured by the Company. • : "I %mo. �syk pt j '/ A: a ELGIN SWEEPER COMPANY reserves the right ; / ( � to make design changes or improvements in its ' j �' "I roductswithout imposing any obligation upon ' •,• `v�-4 � . � p •�;;\� ! itself to change or improve previously " e`� manufactured products. I ' ' it- ,.k.„ a ;,' . . ' ' ‘ ., ,,.„....„___,. ��, ;` •L•uvavmmoiw• v.. o.., �-m min o o v ,. ,_ t�� ao,.o,",,v......o 0 0 0 0..�iv�o v o v.o o.o.. ., �,' • p :� j/.ter,:, ., -�' ...„ ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; Honorable President and Members of the City Council Page 2 The Parks, Recreation and Public Property Department requests your consideration and approval of the attached Resolution. Respectfully submitted, Referred to City Council for Consideration: /b 7 427 Steve Scarpel , Director Date ayor's Office Date Approved: Carol A. Ebdon 44, Date Finance Director /7'9 0/ P:\PRPP\16409pjm.doc o = AD 5 c' °c `' A' oce p a. o M CCDD ~ O w cn ..y' 9% 2 ^ c-W t•,,, r'' 5. N sy r» ' -�" 4 = cry � a w 5 , cD ° = c • bi - : or4.' .5 = o P.. 8 c in = 0- ° � ° B E. cr — F Oi s Al ... O O a'',--i Q' `�hx VG m jX O C= O. CD = = 1-1, CD CD r+ q A) CD r+ A) .-r, R. . Tr e -�._ Kjeldgaard, iPres fie t Eric D. Kjeldgaard, P ent e. 4 Y FIRST ADDENDUM TO THE INTERLOCAL COOPERATION ACT AGREEMENT AMONG PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, THE CITY OF OMAHA, NEBRASKA, AND THE CITY OF ELKHORN, NEBRASKA, FOR DAM SITE 13 IMPROVEMENTS THIS FIRST ADDENDUM (hereinafter referred to as "THIS ADDENDUM") is an addendum to the Agreement (hereinafter referred to as "THE AGREEMENT") made pursuant to the Nebraska Interlocal Cooperation Act, Sections 13-8oi to 13-827 R.R.S. 1997, et seq., that on April 14, 2006, was executed for and on behalf of the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT (hereinafter referred to as "the NRD"); on April 6, 2006, was executed for and on behalf of the CITY OF OMAHA, NEBRASKA (hereinafter referred to as "OMAHA"); and on November 8, 2005, was executed for and on behalf of the CITY OF ELKHORN, NEBRASKA (hereinafter referred to as "ELKHORN"). The NRD and OMAHA are hereinafter referred to collectively as "the PARTIES TO THIS ADDENDUM." WHEREAS, on or about March 1, 2007, OMAHA annexed ELKHORN and succeeded to all of ELKHORN'S rights and obligations under THE AGREEMENT; and ELKHORN ceased to exist as an entity; and, WHEREAS, construction of the NRD'S Dam Site 13 Project (hereinafter referred to as "the NRD PROJECT"), that was and is the subject of the AGREEMENT, has been substantially completed on lands acquired by the NRD (hereinafter referred to collectively as "the NRD PROJECT LAND"), which is pwQ71126ag 1 he two remaining parties, the P-MNRD and the City of Omaha. Additionally, the purposed Addendum also updates several elements of the current Agreement, to include a specific agreement by the P-MNRD to reimburse the City of Omaha for costs incurred to construct a wetland water filtration element for the Lake. The Finance Department is authorized to anticipate and accept a payment in the amount of thirty eight thousand dollars ($38,000.00) for the construction of this wetland water filtration element for the Lake. These funds are to be deposited into 2000 Park Bond, Fund No. 13352. WHEREAS, it is in the best interests of the City of Omaha and the residents thereof that the City enter into this Amended Agreement to facilitate the funding of this affordable rental housing Project. By Councilmember Adopted City Clerk Approved Mayor incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate allowed by law. For the purposes of this Section: (a) attorney fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation and (b) prevailing party shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise. 22 s' • • '71 s on a Saturday, Sunday, or Nebraska legal holiday, then the closing shall be held on 17 ive relief; and for such purposes. it is hereby expressly acknowledged and agreed that damages at taw will be an inadequate remedy for a breach or threatened breach of any provision of this Agreement, it being the intention of this sentence to make it clear the agreement of the parties that the respective rights and on) Name J (� s lUv=� • Signature ilWZ '2"(VT� 90 Calendar days following award Title x�S( I Phone r �Ete,-1�`,3'5'- '1' 1 Fax 5 (5.- Address 5(cc t(i y ( AZ_ 00(\IE a NIC 1 1 A SG • YStreet/PO Box City State Zi / V� E-Mail Address F s 04.6) (Ol.(JfA,•(1 \�t r\401( 1 I i j /� 64p,„,Ii � � 1 4.. . - - J'''4-....'11 .'-'°iirrb'll • i Ounrum Arab ,. crayt take . , ;. •...,..e. •••. • .t•ta rtfor,, 1 tiarttxt A . • • . . ,....i:o.,...--;'‘donalct Mac Rat.frark • Buste.P Irk g.? e.n,•••P.i.r. s • • . DES MOINES, IOWA • . 1 ••- . e,servicing or repair of any machine •` _, \\\V accident or improper maintenance. manufactured by the Company. • : "I %mo. �syk pt j '/ A: a ELGIN SWEEPER COMPANY reserves the right ; / ( � to make design changes or improvements in its ' j �' "I roductswithout imposing any obligation upon ' •,• `v�-4 � . � p •�;;\� ! itself to change or improve previously " e`� manufactured products. I ' ' it- ,.k.„ a ;,' . . ' ' ‘ ., ,,.„....„___,. ��, ;` •L•uvavmmoiw• v.. o.., �-m min o o v ,. ,_ t�� ao,.o,",,v......o 0 0 0 0..�iv�o v o v.o o.o.. ., �,' • p :� j/.ter,:, ., -�' ...„ ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; t r composed of(a) a tract of land, acquired from Zalkin Trust, now legally described as Outlots 1 and 2 in Elk Ridge, a subdivision as surveyed, platted and recorded, Douglas County, Nebraska (hereinafter referred to as "the ZALKIN TRUST ACQUISITION"); (b) a tract of land, acquired by the NRD from Lyman-Richey Corporation described and depicted in the legal description and diagram attached hereto collectively and incorporated herein by reference as Exhibit "1" (hereinafter referred to as "the LYMAN-RICHEY ACQUISITION"); and, (c) a tract of land acquired by the NRD from Metropolitan Community College Area described and depicted in the legal description and diagram attached hereto and incorporated herein by reference as Exhibit "2" (hereinafter referred to as "the METRO TECH ACQUISITION"); and, WHEREAS, as the NRD PROJECT was constructed by the NRD, the DAM and a portion of the RESERVOIR are sited on a portion of the NRD PROJECT LAND and other portions of the RESERVOIR are sited on a portion of lands referred to in THE AGREEMENT as "the OMAHA PARK LANDS"; and, WHEREAS, the PARTIES TO THIS ADDENDUM hereto desire to make certain amended and revised provisions and other agreements to facilitate the construction, operation and maintenance of a REGIONAL PARK on the NRD PROJECT LAND, the OMAHA PARK LANDS, and other lands. NOW, THEREFORE, IN CONSIDERATION of the foregoing recitals and their mutual covenants, the PARTIES TO THIS ADDENDUM agree as follows: A. EFFECT OF ANNEXATION. The PARTIES TO THIS ADDENDUM do hereby find and agree that, as a result of OMAHA'S annexation of ELKHORN, OMAHA has assumed all of ELKHORN'S rights and responsibilities under THE AGREEMENT as a matter of law; and, that OMAHA is obligated to perform such respective responsibilities in such manner and at such times as THE pwg71126ag 2 ipate and accept a payment in the amount of thirty eight thousand dollars ($38,000.00) for the construction of this wetland water filtration element for the Lake. These funds are to be deposited into 2000 Park Bond, Fund No. 13352. WHEREAS, it is in the best interests of the City of Omaha and the residents thereof that the City enter into this Amended Agreement to facilitate the funding of this affordable rental housing Project. By Councilmember Adopted City Clerk Approved Mayor incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate allowed by law. For the purposes of this Section: (a) attorney fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation and (b) prevailing party shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise. 22 s' • • '71 s on a Saturday, Sunday, or Nebraska legal holiday, then the closing shall be held on 17 ive relief; and for such purposes. it is hereby expressly acknowledged and agreed that damages at taw will be an inadequate remedy for a breach or threatened breach of any provision of this Agreement, it being the intention of this sentence to make it clear the agreement of the parties that the respective rights and on) Name J (� s lUv=� • Signature ilWZ '2"(VT� 90 Calendar days following award Title x�S( I Phone r �Ete,-1�`,3'5'- '1' 1 Fax 5 (5.- Address 5(cc t(i y ( AZ_ 00(\IE a NIC 1 1 A SG • YStreet/PO Box City State Zi / V� E-Mail Address F s 04.6) (Ol.(JfA,•(1 \�t r\401( 1 I i j /� 64p,„,Ii � � 1 4.. . - - J'''4-....'11 .'-'°iirrb'll • i Ounrum Arab ,. crayt take . , ;. •...,..e. •••. • .t•ta rtfor,, 1 tiarttxt A . • • . . ,....i:o.,...--;'‘donalct Mac Rat.frark • Buste.P Irk g.? e.n,•••P.i.r. s • • . DES MOINES, IOWA • . 1 ••- . e,servicing or repair of any machine •` _, \\\V accident or improper maintenance. manufactured by the Company. • : "I %mo. �syk pt j '/ A: a ELGIN SWEEPER COMPANY reserves the right ; / ( � to make design changes or improvements in its ' j �' "I roductswithout imposing any obligation upon ' •,• `v�-4 � . � p •�;;\� ! itself to change or improve previously " e`� manufactured products. I ' ' it- ,.k.„ a ;,' . . ' ' ‘ ., ,,.„....„___,. ��, ;` •L•uvavmmoiw• v.. o.., �-m min o o v ,. ,_ t�� ao,.o,",,v......o 0 0 0 0..�iv�o v o v.o o.o.. ., �,' • p :� j/.ter,:, ., -�' ...„ ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; AGREEMENT prescribed for performance by ELKHORN, except as may otherwise be modified herein by agreement of the PARTIES TO THIS ADDENDUM. B. MODIFICATIONS TO THE AGREEMENT. It is agreed by the PARTIES TO THIS ADDENDUM that paragraphs 10, 13, 15, 20 and 36 of THE AGREEMENT should be modified as follows and that Exhibits "A", and "C", refered to in paragraph "B" of THIS ADDENDUM, should be attached hereto and incorporated herein by reference, to wit: io. CONSTRUCTION CONTRACT. OMAHA and or ELKHORN shall deliver to the NRD for its approval (such approval to not be withheld or delayed unreasonably) copies of any proposed contracts between OMAHA and or ELKHORN, on the one hand, and the CONTRACTORS, on the other hand, for construction of the PARK FACILITIES, including, without limitation, the proposed schedules of all materials and labor compensation rates OMAHA and or ELKHORN proposes to pay to the CONTRACTORS for construction of the PARK FACILITIES (such contract, together with the FINAL PLANS, hereinafter being referred to collectively as "the CONSTRUCTION CONTRACTS"). The NRD shall have a period of 3o days to review the CONSTRUCTION CONTRACTS for any impacts to the NRD PROJECT and to approve or disapprove the same in writing or suggest amendments thereto, and shall have an additional period of 3o days to review and approve subsequent amendments thereto. Such approvals shall not be withheld or delayed unreasonably. 13. PAYMENT OF COSTS. Except as otherwise provided in THIS AGREEMENT, OMAHA and ELKHORN shall pay all the costs of design and construction of the PARK FACILITIES, provided that neither ELKHORN nor OMAHA shall not have any obligation hereunder for pwg7ii26ag 3 perform such respective responsibilities in such manner and at such times as THE pwg71126ag 2 ipate and accept a payment in the amount of thirty eight thousand dollars ($38,000.00) for the construction of this wetland water filtration element for the Lake. These funds are to be deposited into 2000 Park Bond, Fund No. 13352. WHEREAS, it is in the best interests of the City of Omaha and the residents thereof that the City enter into this Amended Agreement to facilitate the funding of this affordable rental housing Project. By Councilmember Adopted City Clerk Approved Mayor incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate allowed by law. For the purposes of this Section: (a) attorney fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation and (b) prevailing party shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise. 22 s' • • '71 s on a Saturday, Sunday, or Nebraska legal holiday, then the closing shall be held on 17 ive relief; and for such purposes. it is hereby expressly acknowledged and agreed that damages at taw will be an inadequate remedy for a breach or threatened breach of any provision of this Agreement, it being the intention of this sentence to make it clear the agreement of the parties that the respective rights and on) Name J (� s lUv=� • Signature ilWZ '2"(VT� 90 Calendar days following award Title x�S( I Phone r �Ete,-1�`,3'5'- '1' 1 Fax 5 (5.- Address 5(cc t(i y ( AZ_ 00(\IE a NIC 1 1 A SG • YStreet/PO Box City State Zi / V� E-Mail Address F s 04.6) (Ol.(JfA,•(1 \�t r\401( 1 I i j /� 64p,„,Ii � � 1 4.. . - - J'''4-....'11 .'-'°iirrb'll • i Ounrum Arab ,. crayt take . , ;. •...,..e. •••. • .t•ta rtfor,, 1 tiarttxt A . • • . . ,....i:o.,...--;'‘donalct Mac Rat.frark • Buste.P Irk g.? e.n,•••P.i.r. s • • . DES MOINES, IOWA • . 1 ••- . e,servicing or repair of any machine •` _, \\\V accident or improper maintenance. manufactured by the Company. • : "I %mo. �syk pt j '/ A: a ELGIN SWEEPER COMPANY reserves the right ; / ( � to make design changes or improvements in its ' j �' "I roductswithout imposing any obligation upon ' •,• `v�-4 � . � p •�;;\� ! itself to change or improve previously " e`� manufactured products. I ' ' it- ,.k.„ a ;,' . . ' ' ‘ ., ,,.„....„___,. ��, ;` •L•uvavmmoiw• v.. o.., �-m min o o v ,. ,_ t�� ao,.o,",,v......o 0 0 0 0..�iv�o v o v.o o.o.. ., �,' • p :� j/.ter,:, ., -�' ...„ ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; payment of PHASE I PARK FACILITIES costs if a grant from the Nebraska Games and Parks Commission in an amount sufficient to fund the PHASE I PARK FACILITIES is not received by OMAHA, and provided that any obligation of OMAHA or ELKHORN for other PARK FACILITIES is contingent upon available funding and the budgetary limitations of OMAHA and/or ELKHORN, and further provided that neither ELKHORN nor OMAHA shall not be required to bear the cost of PARK FACILITIES which are not located on property it owns or on property within its zoning jurisdiction. In addition, the NRD shall pay to OMAHA within 45 days after the effective date of the FIRST ADDENDUM to THIS AGREEMENT the sum of Thirty-Eight Thousand Dollars ($38,000.00) in reimbursement of costs paid by OMAHA for the grading of a portion of the OMAHA PARK LANDS at the NRD'S request for an NRD'S wetlands mitigation site. 15. LAND TRANSFERS. Within a reasonable time after the NRD'S acquisition of all of the parcels of land comprising the PROJECT LAND, the NRD and OMAHA shall execute in counterparts and deliver to each of the PARTIESother a CROSS-EASEMENTS AGREEMENT in the form as attached her-eta to the FIRST ADDENDUM to THIS AGREEMENT and incorporated herein by reference as Exhibit "A" or in such other form as may be determined by agreement of the parties to such FIRST ADDENDUM. 20. POST-CONSTRUCTION GRANTS AND CONVEYANCES. Upon the final completion of construction of the NRD PROJECT: the NRD shall convey the NRD PROJECT LAND as fellaws a) The NRD shall convey to OMAHA the portions of the NRD PROJECT LAND referred to as "Parcel 3" in the written legal description attached hereto as Exhibit "2" and pwg71126ag 4 ctive responsibilities in such manner and at such times as THE pwg71126ag 2 ipate and accept a payment in the amount of thirty eight thousand dollars ($38,000.00) for the construction of this wetland water filtration element for the Lake. These funds are to be deposited into 2000 Park Bond, Fund No. 13352. WHEREAS, it is in the best interests of the City of Omaha and the residents thereof that the City enter into this Amended Agreement to facilitate the funding of this affordable rental housing Project. By Councilmember Adopted City Clerk Approved Mayor incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate allowed by law. For the purposes of this Section: (a) attorney fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation and (b) prevailing party shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise. 22 s' • • '71 s on a Saturday, Sunday, or Nebraska legal holiday, then the closing shall be held on 17 ive relief; and for such purposes. it is hereby expressly acknowledged and agreed that damages at taw will be an inadequate remedy for a breach or threatened breach of any provision of this Agreement, it being the intention of this sentence to make it clear the agreement of the parties that the respective rights and on) Name J (� s lUv=� • Signature ilWZ '2"(VT� 90 Calendar days following award Title x�S( I Phone r �Ete,-1�`,3'5'- '1' 1 Fax 5 (5.- Address 5(cc t(i y ( AZ_ 00(\IE a NIC 1 1 A SG • YStreet/PO Box City State Zi / V� E-Mail Address F s 04.6) (Ol.(JfA,•(1 \�t r\401( 1 I i j /� 64p,„,Ii � � 1 4.. . - - J'''4-....'11 .'-'°iirrb'll • i Ounrum Arab ,. crayt take . , ;. •...,..e. •••. • .t•ta rtfor,, 1 tiarttxt A . • • . . ,....i:o.,...--;'‘donalct Mac Rat.frark • Buste.P Irk g.? e.n,•••P.i.r. s • • . DES MOINES, IOWA • . 1 ••- . e,servicing or repair of any machine •` _, \\\V accident or improper maintenance. manufactured by the Company. • : "I %mo. �syk pt j '/ A: a ELGIN SWEEPER COMPANY reserves the right ; / ( � to make design changes or improvements in its ' j �' "I roductswithout imposing any obligation upon ' •,• `v�-4 � . � p •�;;\� ! itself to change or improve previously " e`� manufactured products. I ' ' it- ,.k.„ a ;,' . . ' ' ‘ ., ,,.„....„___,. ��, ;` •L•uvavmmoiw• v.. o.., �-m min o o v ,. ,_ t�� ao,.o,",,v......o 0 0 0 0..�iv�o v o v.o o.o.. ., �,' • p :� j/.ter,:, ., -�' ...„ ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; incorporated herein by reference, along with Outlot 1 in ELK RIDGE and along with the portion of Outlot 2 in ELK RIDGE � that is refer wed to y n n n�rt R nsii,.� Outl t 2 inthe_V7iitten legal description attached hereto as Exhibit "1" and incorporated herein by reference, and, b) The NRD shall convey to ELKHORN the portions of the NRD PROJECT LAND referred to as "Parcel 2" in the written legal description attached hereto as Exhibit "2" along with the portion of Outlot 2 in Elk Ridge that is referred to as "Part A" of said Outlot 2 legally described in the written legal descri tion attached hereto as Exhibit "1" and incorporated PP herein by reference; provided however, in each such conveyance the NRD shall reserve for itself and for its n sors an n i) the following permanent rights, to wit: (1) the right to construct, operate, maintain, repair, replace, (—the r ght to have u-n-restricted use and—access--over and across the NRD PROJECT LAND by any route or means and for any purpose; and, (3) the right to flow -waters and sediment upon, and inundate, all those portions of the NRD PROJECT LAND which have a ground surface elevation lower than the top of the DAM ("the MAXIMUM Flood Pool"); and, wit pwg71126ag 5 h FIRST ADDENDUM. 20. POST-CONSTRUCTION GRANTS AND CONVEYANCES. Upon the final completion of construction of the NRD PROJECT: the NRD shall convey the NRD PROJECT LAND as fellaws a) The NRD shall convey to OMAHA the portions of the NRD PROJECT LAND referred to as "Parcel 3" in the written legal description attached hereto as Exhibit "2" and pwg71126ag 4 ctive responsibilities in such manner and at such times as THE pwg71126ag 2 ipate and accept a payment in the amount of thirty eight thousand dollars ($38,000.00) for the construction of this wetland water filtration element for the Lake. These funds are to be deposited into 2000 Park Bond, Fund No. 13352. WHEREAS, it is in the best interests of the City of Omaha and the residents thereof that the City enter into this Amended Agreement to facilitate the funding of this affordable rental housing Project. By Councilmember Adopted City Clerk Approved Mayor incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate allowed by law. For the purposes of this Section: (a) attorney fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation and (b) prevailing party shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise. 22 s' • • '71 s on a Saturday, Sunday, or Nebraska legal holiday, then the closing shall be held on 17 ive relief; and for such purposes. it is hereby expressly acknowledged and agreed that damages at taw will be an inadequate remedy for a breach or threatened breach of any provision of this Agreement, it being the intention of this sentence to make it clear the agreement of the parties that the respective rights and on) Name J (� s lUv=� • Signature ilWZ '2"(VT� 90 Calendar days following award Title x�S( I Phone r �Ete,-1�`,3'5'- '1' 1 Fax 5 (5.- Address 5(cc t(i y ( AZ_ 00(\IE a NIC 1 1 A SG • YStreet/PO Box City State Zi / V� E-Mail Address F s 04.6) (Ol.(JfA,•(1 \�t r\401( 1 I i j /� 64p,„,Ii � � 1 4.. . - - J'''4-....'11 .'-'°iirrb'll • i Ounrum Arab ,. crayt take . , ;. •...,..e. •••. • .t•ta rtfor,, 1 tiarttxt A . • • . . ,....i:o.,...--;'‘donalct Mac Rat.frark • Buste.P Irk g.? e.n,•••P.i.r. s • • . DES MOINES, IOWA • . 1 ••- . e,servicing or repair of any machine •` _, \\\V accident or improper maintenance. manufactured by the Company. • : "I %mo. �syk pt j '/ A: a ELGIN SWEEPER COMPANY reserves the right ; / ( � to make design changes or improvements in its ' j �' "I roductswithout imposing any obligation upon ' •,• `v�-4 � . � p •�;;\� ! itself to change or improve previously " e`� manufactured products. I ' ' it- ,.k.„ a ;,' . . ' ' ‘ ., ,,.„....„___,. ��, ;` •L•uvavmmoiw• v.. o.., �-m min o o v ,. ,_ t�� ao,.o,",,v......o 0 0 0 0..�iv�o v o v.o o.o.. ., �,' • p :� j/.ter,:, ., -�' ...„ ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; (1) REGULATORY POOL STRUCTURE RESTRICTION. OMAHA and ELKHORN shall not construct, maintain or permit struet.rres fixtures or eth„r rmprove.v. i ., exzsi---et1,�er-tha3I--r-e�olreatonl� trail ; oyeme,-,ts, lig ting, l.,n sr�aping,3oat doc -i g-facilities a rd cignage, in any areas of the NRD PROJECT LAND, within the watershed of the DAM, having a ground surface elevation lower than 1,174.0 feet above mean sea level, NCVD. (2) REGULATORY POOL EXCAVATION AND FILL RESTRICTION. OMAHA and ELKHORN shall not fill, nor permit filling ,� of, �any l��a7r�e�as of the NRD PROJECT LAND, within the watershed-of the DAM, laving n ground suirfac „l t l th 1,174.0 feet above mean sea level, NCVD, without balancing such placement with a permanent borrowing and removal of an equivalent amount of earth fill from such areas, and without the prior written approval of the NRD--of-the-plans-for cl, „tiv t;es such_approval to not be ,;tl�l-.el,l delaye,1 rnr bl rr v u �v aiv� vG-'fiTCiTlTr+i'CTV�ir-ZCGTU�IT�UIZTGZtJQ'IIZI'VIy: {3} MAXIMUM POOL EXCAVATION AND FILL RESTRICTION. OMAHA and ELKHORN shall not fill, nor permit filling of, any areas of the NRD PROJECT LAND, within the watershed of the DAM, having a ground surface elevation higher than 1,174.0 feet above mean sea level and lower than 1,180.0 feet above mean sea level, NCVD, without balancing such placement with a permanent borrowing-and removal of equivalent t th fll fy o... „l, rein-and-without tl vu� ui% t"iiivi vv aztt 1 f +l, NRD of the plans for such activities, such approval to not be withheld or delayed unreasonably. c) The NRD shall assign to OMAHA and ELKHORN the pwg71126ag 6 pwg71126ag 2 ipate and accept a payment in the amount of thirty eight thousand dollars ($38,000.00) for the construction of this wetland water filtration element for the Lake. These funds are to be deposited into 2000 Park Bond, Fund No. 13352. WHEREAS, it is in the best interests of the City of Omaha and the residents thereof that the City enter into this Amended Agreement to facilitate the funding of this affordable rental housing Project. By Councilmember Adopted City Clerk Approved Mayor incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate allowed by law. For the purposes of this Section: (a) attorney fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation and (b) prevailing party shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise. 22 s' • • '71 s on a Saturday, Sunday, or Nebraska legal holiday, then the closing shall be held on 17 ive relief; and for such purposes. it is hereby expressly acknowledged and agreed that damages at taw will be an inadequate remedy for a breach or threatened breach of any provision of this Agreement, it being the intention of this sentence to make it clear the agreement of the parties that the respective rights and on) Name J (� s lUv=� • Signature ilWZ '2"(VT� 90 Calendar days following award Title x�S( I Phone r �Ete,-1�`,3'5'- '1' 1 Fax 5 (5.- Address 5(cc t(i y ( AZ_ 00(\IE a NIC 1 1 A SG • YStreet/PO Box City State Zi / V� E-Mail Address F s 04.6) (Ol.(JfA,•(1 \�t r\401( 1 I i j /� 64p,„,Ii � � 1 4.. . - - J'''4-....'11 .'-'°iirrb'll • i Ounrum Arab ,. crayt take . , ;. •...,..e. •••. • .t•ta rtfor,, 1 tiarttxt A . • • . . ,....i:o.,...--;'‘donalct Mac Rat.frark • Buste.P Irk g.? e.n,•••P.i.r. s • • . DES MOINES, IOWA • . 1 ••- . e,servicing or repair of any machine •` _, \\\V accident or improper maintenance. manufactured by the Company. • : "I %mo. �syk pt j '/ A: a ELGIN SWEEPER COMPANY reserves the right ; / ( � to make design changes or improvements in its ' j �' "I roductswithout imposing any obligation upon ' •,• `v�-4 � . � p •�;;\� ! itself to change or improve previously " e`� manufactured products. I ' ' it- ,.k.„ a ;,' . . ' ' ‘ ., ,,.„....„___,. ��, ;` •L•uvavmmoiw• v.. o.., �-m min o o v ,. ,_ t�� ao,.o,",,v......o 0 0 0 0..�iv�o v o v.o o.o.. ., �,' • p :� j/.ter,:, ., -�' ...„ ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; by paragraph 2.a. of the METRO TECH EASEMENT, to wit: the power, privilege, right and authority to construct, operate, maintain, repair, replace and regulate public recreational)trail improveme„ts in the portion of the METRO TECH EASEMENT AREA within the REGULATED FLOOD POOL; and, d) OMAHA shall execute and deliver to METRO TECH an casement granting to METRO TECH the permanent right to use, for emergency public ingress and egress to and from METRO TECH'S Elkhorn campus property, a corridor of land not less than 30 feet in width over and Southeast Quarter of Section 18, Township 15 North, Range ii East of the 6th P.M., Douglas County, Nebraska, owned by OMAHA; such casement to be subjeet-te-and-eweendition-that-nene-efthe-surfaee-area-ef-sueli-eer-rider--will be lower than 1,170.o feet above mean sea level (referenced to the National Geodetic Vertical Datum of 1929), none of such surface area will be paved by egress and not for regular ingress or egress to METRO TECH'S Elkhorn campus or other development. a) The NRD shall execute and deliver to OMAHA a deed in the form as attached as Exhibit "B" to the FIRST ADDENDUM to THIS AGREEMENT and incorporated therein by reference, conveying to OMAHA fee title to the NRD PROJECT LAND therein described, subject to reservation in said deed by the NRD of certain easements therein described; and, b) Omaha shall execute and deliver to METRO TECH an easement, in the form as attached as Exhibit "C" to the FIRST ADDENDUM to THIS AGREEMENT and incorporated therein by pwg71126ag 7 ch activities, such approval to not be withheld or delayed unreasonably. c) The NRD shall assign to OMAHA and ELKHORN the pwg71126ag 6 pwg71126ag 2 ipate and accept a payment in the amount of thirty eight thousand dollars ($38,000.00) for the construction of this wetland water filtration element for the Lake. These funds are to be deposited into 2000 Park Bond, Fund No. 13352. WHEREAS, it is in the best interests of the City of Omaha and the residents thereof that the City enter into this Amended Agreement to facilitate the funding of this affordable rental housing Project. By Councilmember Adopted City Clerk Approved Mayor incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate allowed by law. For the purposes of this Section: (a) attorney fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation and (b) prevailing party shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise. 22 s' • • '71 s on a Saturday, Sunday, or Nebraska legal holiday, then the closing shall be held on 17 ive relief; and for such purposes. it is hereby expressly acknowledged and agreed that damages at taw will be an inadequate remedy for a breach or threatened breach of any provision of this Agreement, it being the intention of this sentence to make it clear the agreement of the parties that the respective rights and on) Name J (� s lUv=� • Signature ilWZ '2"(VT� 90 Calendar days following award Title x�S( I Phone r �Ete,-1�`,3'5'- '1' 1 Fax 5 (5.- Address 5(cc t(i y ( AZ_ 00(\IE a NIC 1 1 A SG • YStreet/PO Box City State Zi / V� E-Mail Address F s 04.6) (Ol.(JfA,•(1 \�t r\401( 1 I i j /� 64p,„,Ii � � 1 4.. . - - J'''4-....'11 .'-'°iirrb'll • i Ounrum Arab ,. crayt take . , ;. •...,..e. •••. • .t•ta rtfor,, 1 tiarttxt A . • • . . ,....i:o.,...--;'‘donalct Mac Rat.frark • Buste.P Irk g.? e.n,•••P.i.r. s • • . DES MOINES, IOWA • . 1 ••- . e,servicing or repair of any machine •` _, \\\V accident or improper maintenance. manufactured by the Company. • : "I %mo. �syk pt j '/ A: a ELGIN SWEEPER COMPANY reserves the right ; / ( � to make design changes or improvements in its ' j �' "I roductswithout imposing any obligation upon ' •,• `v�-4 � . � p •�;;\� ! itself to change or improve previously " e`� manufactured products. I ' ' it- ,.k.„ a ;,' . . ' ' ‘ ., ,,.„....„___,. ��, ;` •L•uvavmmoiw• v.. o.., �-m min o o v ,. ,_ t�� ao,.o,",,v......o 0 0 0 0..�iv�o v o v.o o.o.. ., �,' • p :� j/.ter,:, ., -�' ...„ ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; reference, granting to METRO TECH certain rights of emergency ingress and egress over certain land therein described. 36. NOTICES. Any notice required under the terms of THIS AGREEMENT as modified by the FIRST ADDENDUM thereto, shall be deemed to have been given within forty-eight (48) hours after notice has been deposited in the United States mail; and: a) Notices to OMAHA provided for in THIS AGREEMENT, as modified by the FIRST ADDENDUM thereto, shall be sufficient if sent by certified or registered mail, postage prepaid, addressed to: Director Parks, Recreation and Public Property Department City of Omaha, Nebraska 1819 Farnam Street, Suite 701 Omaha, Nebraska 68183; b) Notices to ELKHORN provided for in THIS AGREEMENT shall be sufficient if sent by certified or registered mail, postage prepaid, addressed to: City Manager/Adminstrator City of Elkhorn, Nebraska Elkhorn, Nebraska 68 c) Notices to the NRD provided for in THIS AGREEMENT, as modified by the FIRST ADDENDUM thereto, shall be sufficient if sent by certified or registered mail, postage prepaid addressed to: General Manager Papio-Missouri River NRD 8901 South 154th Street Omaha, Nebraska 68138-3621 or to such other respective address(s) as the PARTIES may designate to each other from time to time in writing. pwg71126ag 8 execute and deliver to METRO TECH an easement, in the form as attached as Exhibit "C" to the FIRST ADDENDUM to THIS AGREEMENT and incorporated therein by pwg71126ag 7 ch activities, such approval to not be withheld or delayed unreasonably. c) The NRD shall assign to OMAHA and ELKHORN the pwg71126ag 6 pwg71126ag 2 ipate and accept a payment in the amount of thirty eight thousand dollars ($38,000.00) for the construction of this wetland water filtration element for the Lake. These funds are to be deposited into 2000 Park Bond, Fund No. 13352. WHEREAS, it is in the best interests of the City of Omaha and the residents thereof that the City enter into this Amended Agreement to facilitate the funding of this affordable rental housing Project. By Councilmember Adopted City Clerk Approved Mayor incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate allowed by law. For the purposes of this Section: (a) attorney fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation and (b) prevailing party shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise. 22 s' • • '71 s on a Saturday, Sunday, or Nebraska legal holiday, then the closing shall be held on 17 ive relief; and for such purposes. it is hereby expressly acknowledged and agreed that damages at taw will be an inadequate remedy for a breach or threatened breach of any provision of this Agreement, it being the intention of this sentence to make it clear the agreement of the parties that the respective rights and on) Name J (� s lUv=� • Signature ilWZ '2"(VT� 90 Calendar days following award Title x�S( I Phone r �Ete,-1�`,3'5'- '1' 1 Fax 5 (5.- Address 5(cc t(i y ( AZ_ 00(\IE a NIC 1 1 A SG • YStreet/PO Box City State Zi / V� E-Mail Address F s 04.6) (Ol.(JfA,•(1 \�t r\401( 1 I i j /� 64p,„,Ii � � 1 4.. . - - J'''4-....'11 .'-'°iirrb'll • i Ounrum Arab ,. crayt take . , ;. •...,..e. •••. • .t•ta rtfor,, 1 tiarttxt A . • • . . ,....i:o.,...--;'‘donalct Mac Rat.frark • Buste.P Irk g.? e.n,•••P.i.r. s • • . DES MOINES, IOWA • . 1 ••- . e,servicing or repair of any machine •` _, \\\V accident or improper maintenance. manufactured by the Company. • : "I %mo. �syk pt j '/ A: a ELGIN SWEEPER COMPANY reserves the right ; / ( � to make design changes or improvements in its ' j �' "I roductswithout imposing any obligation upon ' •,• `v�-4 � . � p •�;;\� ! itself to change or improve previously " e`� manufactured products. I ' ' it- ,.k.„ a ;,' . . ' ' ‘ ., ,,.„....„___,. ��, ;` •L•uvavmmoiw• v.. o.., �-m min o o v ,. ,_ t�� ao,.o,",,v......o 0 0 0 0..�iv�o v o v.o o.o.. ., �,' • p :� j/.ter,:, ., -�' ...„ ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; C. RATIFICATION. THE AGREEMENT, except as modified by THIS ADDENDUM, is ratified and confirmed in all respects. D. EFFECTIVE DATE AND TERM. THIS ADDENDUM shall become effective upon its execution by all PARTIES TO THIS ADDENDUM, and THE AGREEMENT as modified by THIS ADDENDUM shall be perpetual in duration. IN WITNESS WHEREOF THIS ADDENDUM is executed by the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT on this day of ///2i/01 , 2007, pursuant to resolution duly adopted by its Board of Directors. PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT By eneral Manager THIS ADDENDUM is executed by the CITY OF OMAHA, NEBRASKA on this /D day of ci2zzar , 200,', pursuant to ordinance duly adopted byits CityCouncil. / 8 _ P CITY OF OMAHA, J I RASKA '' 4 By hL-2-441.A. c�-- Mayor ATTEST4--Ck26dA. `" 44/11 D.E P U T X City Clerk Pwg7iii5ag 9 NRD provided for in THIS AGREEMENT, as modified by the FIRST ADDENDUM thereto, shall be sufficient if sent by certified or registered mail, postage prepaid addressed to: General Manager Papio-Missouri River NRD 8901 South 154th Street Omaha, Nebraska 68138-3621 or to such other respective address(s) as the PARTIES may designate to each other from time to time in writing. pwg71126ag 8 execute and deliver to METRO TECH an easement, in the form as attached as Exhibit "C" to the FIRST ADDENDUM to THIS AGREEMENT and incorporated therein by pwg71126ag 7 ch activities, such approval to not be withheld or delayed unreasonably. c) The NRD shall assign to OMAHA and ELKHORN the pwg71126ag 6 pwg71126ag 2 ipate and accept a payment in the amount of thirty eight thousand dollars ($38,000.00) for the construction of this wetland water filtration element for the Lake. These funds are to be deposited into 2000 Park Bond, Fund No. 13352. WHEREAS, it is in the best interests of the City of Omaha and the residents thereof that the City enter into this Amended Agreement to facilitate the funding of this affordable rental housing Project. By Councilmember Adopted City Clerk Approved Mayor incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate allowed by law. For the purposes of this Section: (a) attorney fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation and (b) prevailing party shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise. 22 s' • • '71 s on a Saturday, Sunday, or Nebraska legal holiday, then the closing shall be held on 17 ive relief; and for such purposes. it is hereby expressly acknowledged and agreed that damages at taw will be an inadequate remedy for a breach or threatened breach of any provision of this Agreement, it being the intention of this sentence to make it clear the agreement of the parties that the respective rights and on) Name J (� s lUv=� • Signature ilWZ '2"(VT� 90 Calendar days following award Title x�S( I Phone r �Ete,-1�`,3'5'- '1' 1 Fax 5 (5.- Address 5(cc t(i y ( AZ_ 00(\IE a NIC 1 1 A SG • YStreet/PO Box City State Zi / V� E-Mail Address F s 04.6) (Ol.(JfA,•(1 \�t r\401( 1 I i j /� 64p,„,Ii � � 1 4.. . - - J'''4-....'11 .'-'°iirrb'll • i Ounrum Arab ,. crayt take . , ;. •...,..e. •••. • .t•ta rtfor,, 1 tiarttxt A . • • . . ,....i:o.,...--;'‘donalct Mac Rat.frark • Buste.P Irk g.? e.n,•••P.i.r. s • • . DES MOINES, IOWA • . 1 ••- . e,servicing or repair of any machine •` _, \\\V accident or improper maintenance. manufactured by the Company. • : "I %mo. �syk pt j '/ A: a ELGIN SWEEPER COMPANY reserves the right ; / ( � to make design changes or improvements in its ' j �' "I roductswithout imposing any obligation upon ' •,• `v�-4 � . � p •�;;\� ! itself to change or improve previously " e`� manufactured products. I ' ' it- ,.k.„ a ;,' . . ' ' ‘ ., ,,.„....„___,. ��, ;` •L•uvavmmoiw• v.. o.., �-m min o o v ,. ,_ t�� ao,.o,",,v......o 0 0 0 0..�iv�o v o v.o o.o.. ., �,' • p :� j/.ter,:, ., -�' ...„ ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; STATE OF NEBRASKA ) ) SS. COUNTY OF On this pX/ ay of ,t f'l c , 2007, before me, a Notary Public, personally came John Winkler, General Manager of the PAPIO- MISSOURI RIVER NATURAL RESOURCES DISTRICT, to me personally known to be the identical person whose name is affixed to the above and foregoing instrument, and he/she acknowledged the same to be his/her voluntary act and deed and the voluntary act and deed of said District. WITNESS my hand and Notarial S- .1 the • :to ast aforesaid. ,%,./ , i?/I GENERAL NOTARY-State of Nebraska RICHARD D.SKLENAR JR. Notary Public _ `, My Comm.Exp.May 27,2011 STATE OF NEBRASKA ) ) SS. COUNTY OF ) On this /D-ri day of , 20A before me, a Notary Public, personally came 12 - a.,/ Mayor of the CITY OF OMAHA, NEBRASKA to me personally knowto be the identical person whose name is affixed to the above and foregoing instrument, and he/she acknowledged the same to be his/her voluntary act and deed and the voluntary act and deed of said City. WITNESS my hand and Notarial Seal the date last aforesaid. { RAI NOTARY-State of Nebraska i��'' TAMMY BIODROWSKI Notary Pub My Comm.Exp.Sept.4,2011 pwg71115ag 10 a 68138-3621 or to such other respective address(s) as the PARTIES may designate to each other from time to time in writing. pwg71126ag 8 execute and deliver to METRO TECH an easement, in the form as attached as Exhibit "C" to the FIRST ADDENDUM to THIS AGREEMENT and incorporated therein by pwg71126ag 7 ch activities, such approval to not be withheld or delayed unreasonably. c) The NRD shall assign to OMAHA and ELKHORN the pwg71126ag 6 pwg71126ag 2 ipate and accept a payment in the amount of thirty eight thousand dollars ($38,000.00) for the construction of this wetland water filtration element for the Lake. These funds are to be deposited into 2000 Park Bond, Fund No. 13352. WHEREAS, it is in the best interests of the City of Omaha and the residents thereof that the City enter into this Amended Agreement to facilitate the funding of this affordable rental housing Project. By Councilmember Adopted City Clerk Approved Mayor incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate allowed by law. For the purposes of this Section: (a) attorney fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation and (b) prevailing party shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise. 22 s' • • '71 s on a Saturday, Sunday, or Nebraska legal holiday, then the closing shall be held on 17 ive relief; and for such purposes. it is hereby expressly acknowledged and agreed that damages at taw will be an inadequate remedy for a breach or threatened breach of any provision of this Agreement, it being the intention of this sentence to make it clear the agreement of the parties that the respective rights and on) Name J (� s lUv=� • Signature ilWZ '2"(VT� 90 Calendar days following award Title x�S( I Phone r �Ete,-1�`,3'5'- '1' 1 Fax 5 (5.- Address 5(cc t(i y ( AZ_ 00(\IE a NIC 1 1 A SG • YStreet/PO Box City State Zi / V� E-Mail Address F s 04.6) (Ol.(JfA,•(1 \�t r\401( 1 I i j /� 64p,„,Ii � � 1 4.. . - - J'''4-....'11 .'-'°iirrb'll • i Ounrum Arab ,. crayt take . , ;. •...,..e. •••. • .t•ta rtfor,, 1 tiarttxt A . • • . . ,....i:o.,...--;'‘donalct Mac Rat.frark • Buste.P Irk g.? e.n,•••P.i.r. s • • . DES MOINES, IOWA • . 1 ••- . e,servicing or repair of any machine •` _, \\\V accident or improper maintenance. manufactured by the Company. • : "I %mo. �syk pt j '/ A: a ELGIN SWEEPER COMPANY reserves the right ; / ( � to make design changes or improvements in its ' j �' "I roductswithout imposing any obligation upon ' •,• `v�-4 � . � p •�;;\� ! itself to change or improve previously " e`� manufactured products. I ' ' it- ,.k.„ a ;,' . . ' ' ‘ ., ,,.„....„___,. ��, ;` •L•uvavmmoiw• v.. o.., �-m min o o v ,. ,_ t�� ao,.o,",,v......o 0 0 0 0..�iv�o v o v.o o.o.. ., �,' • p :� j/.ter,:, ., -�' ...„ ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; EXHIBIT"1" • • LAND SURVEYOR'S CERTIFICATE . I hereby certify that this plat, map, survey or report was made by me or under my direct su•ervision and that I am a duly Registered Land Surveyor under the laws of the State of Nebraska. ELKH:ORN RI0431E eelA-nee NO3'06'37"W NO3'06'37"W 241.06' M &M , (,.. : ar4 Arta ism iiimita. ..,::. Sai3 t. rr cow •� . N orn •03'00 42 E m v In F c� vt -a vu, sow Roy 5T(P&M) �. Q. D=0 m Al — . . Ik•0 II II 4.II o 27.. µ. r R Oa--LP N 0.Wp0. X o rl X1 z a .o ' 4 Os V 0 0 m \ 072- v� El Z 2, o `".. * g �oAO 183 �� n " a 3 9 a m z wiz m m N -al," o r, / z vt vm0 a to ram 51, lg� m 0 cpa' s s P. 0 rill z in m to G7 N qi 41' p1' mn Z Jchi, 10,e o-. 0 ? %v‘f*);,, -0-13 • . ( .,�o %, t. 52- o i �i 4w2, * G; P -b m D e 1 VA .(IfZ r ti co 0*0 0*0 0 v 6OZ N w —t z m 1 5q - to Jz ND.JZ z = 10�` 5 �N� >�Nf D Z D A ° 0 0 r ,D. a/— ��.n 3�0 'f •P� vNrnO ,.0 m•pN r4 or0o v Z 0- -1 v �i O I—A o r--<.-. m ,41 a. A`^� moo u,Lri M r 03 A 84 RM. Ulm mCo00 _co �D �S Co v --" \\ " L Mm -.: NO (1O J ? MW n N v, '�Em O to % J 66N • o_ ==x . .. ,, NoO.m R _ c.7 Cn c C' 4..t �w z 8 a gl5 m 'o I e _ Q 661.73 M 661.75'(M) 1 ,9 d Stre e t • 1323.48'(M) w Public kight of Woy Yones y gOM_r�'FlWEBT:OUAR'T'ER SE Cor.SE 1/4,Sec. 18,T15N,811E w+ SEpI'ION 17,l'16N. P11 (tound brass cap) N 49.6'to 60d spike in top of corner post `,011tt1111/4 N 50.0'to 1/2"iron pipe 5 0.5'NE of corner fence post `\0 LAND / NNE 50.9'to 60d spike in AT&T Co. warning pole F, S NE 82.9'to 60d spike in power poleT ED(H I B Iel III ••``~��•• ••GP SE 55.0'to 60d spike in AT&T Co.warning pole y: • 'L.,i . ROBERT D. .� w PROETT ':m = '. LS-379 SHEET 1 OF 2 OF NE 96082\dwg\9682PNRD—bndrev—cert.dwg ROBERT D. PROETT LS 379 '''��i//iltt1 11"A,,,` Book 96082 #2 pg 26 Date August 23, 2005 Dvn5By MJW Job 96082.03-400 IL,Lamp;Rynearson .AssoEi*s, ic.It WWW LRA-INC.COM ••14740'Wes't Dodge.Road,Suite 100 (Ph)402.496.2498 Omaha,Nebraska 68154.2027 (Fax)402.496.2730 J then the closing shall be held on 17 ive relief; and for such purposes. it is hereby expressly acknowledged and agreed that damages at taw will be an inadequate remedy for a breach or threatened breach of any provision of this Agreement, it being the intention of this sentence to make it clear the agreement of the parties that the respective rights and on) Name J (� s lUv=� • Signature ilWZ '2"(VT� 90 Calendar days following award Title x�S( I Phone r �Ete,-1�`,3'5'- '1' 1 Fax 5 (5.- Address 5(cc t(i y ( AZ_ 00(\IE a NIC 1 1 A SG • YStreet/PO Box City State Zi / V� E-Mail Address F s 04.6) (Ol.(JfA,•(1 \�t r\401( 1 I i j /� 64p,„,Ii � � 1 4.. . - - J'''4-....'11 .'-'°iirrb'll • i Ounrum Arab ,. crayt take . , ;. •...,..e. •••. • .t•ta rtfor,, 1 tiarttxt A . • • . . ,....i:o.,...--;'‘donalct Mac Rat.frark • Buste.P Irk g.? e.n,•••P.i.r. s • • . DES MOINES, IOWA • . 1 ••- . e,servicing or repair of any machine •` _, \\\V accident or improper maintenance. manufactured by the Company. • : "I %mo. �syk pt j '/ A: a ELGIN SWEEPER COMPANY reserves the right ; / ( � to make design changes or improvements in its ' j �' "I roductswithout imposing any obligation upon ' •,• `v�-4 � . � p •�;;\� ! itself to change or improve previously " e`� manufactured products. I ' ' it- ,.k.„ a ;,' . . ' ' ‘ ., ,,.„....„___,. ��, ;` •L•uvavmmoiw• v.. o.., �-m min o o v ,. ,_ t�� ao,.o,",,v......o 0 0 0 0..�iv�o v o v.o o.o.. ., �,' • p :� j/.ter,:, ., -�' ...„ ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; EXHIBIT"1" LEGAL DESCRIPTION - PARCEL 1 Lots 113 through 120, inclusive, and dedicated Elk Ridge Drive in ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska, described as follows: Beginning at the northwest corner of said Lot 113; Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NADBB) for 350.00 feet along the north line of said Lots 113 and 120 to the northeast corner of said Lot 120; Thence along the east and south lines of said Lots 116 through 120, inclusive, for the following three (3) courses: (1) Thence South 03'00'42" East for 295.57 feet; (2) Thence along a curve to the right (having a radius of 275.00 feet and a long chord bearing South 41'57'34" West for 388.71 feet) for an arc length of 431.69 feet; (3) Thence South 86'55'50" West f or 39.30 feet to the southwest corner of said Lot 116; Thence North 03'06'37" West for 150.00 feet along the west line of said Lot 116 to the northwest corner thereof and the south right of way line of Elk Ridge Drive; Thence South 86'55'50" West for 35.00 feet along said south right of way line to the northeast corner of Lot 12, ELKHORN RIDGE ESTATES, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 420.03 feet along the east line of ELKHORN RIDGE ESTATES to the Point of Beginning. Contains 177,836 square or 4.083 acres. PARCEL 2 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Beginning at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska; Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD68) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 34'18'19" West for 832.51 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, plotted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the east line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhorn Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of said Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Port of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for an arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) far on arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. EXHIBIT (1 11 1 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 peg, 26 Date August 23, 2005 01 MJW Job Number 96082.03-400 " ILii24 S Yll.' W W W.LRA-INC.COM 1¢71ODod"ge Road,Suitt 100�'"� (Ph)402.496.2498 Omaha,Nebraska 68154-2027 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; ' PONDING EXHIBIT • II \ 16 \ t2 - . cy8 17 - _ jl 1 1 I NE Cr.q5 1/2, SW 4, Point- of j 1 :CSmrnen cement - ----- • j I Sec.- 8, T15N, R11E ; ------"'- S03'02'S7"E �_.._.._..3.._.._.._.._._.._.._.._.. 45.69' ,moo �•4) c Point of Beginning ci^2 a roe'o 2 TOTAL AREA 262,767 SQ.FT. 100 0 100 200 N In co 6.032 ACRES - ! I In r- 0 r N Z. 0 N. O ) c� ' ;')(0 P(D ^1Dc ^^X' AREA IN 1180 r•i �- 94,156 SQ.FT. Z w C3Sin co ' ' 2.162 ACRES N ^\2' '�^ • ,. _.,.titV ril?' 1° \6- 59-'7 3J N65.4 CO 1 428j 9'1Y N06'08'31"E ova :A , 72.37. r`_ .0cCO\ N46'24'59"W ^,co . 'h, N — 89.19' . k, g op ,w N41'21'29'W \' ' QN• 5 rm S86'56'14'W I S86'56'12'W 140.38 i 430.72 1 1 _ _•-.-._--•--Highway 6 -_.-._._.-._._._.-. SE Cor. SW 1/4 _ _-_-_._-_.--- tSec. 18, T15N, R11E I p. i L:\eng\96082\dwg\hdrinfo\9682Metro_college_pnrd_eas Book Page Date Jan. 4, 2005 Dwn.By MJW Job Number 96082.03-421 ' J j `L Lamp, Ryneairson & Associates, Inc. �tI cONI gill 14710 West Dodge Road, Suite 100 EXHIBIT "2" ( ) 4 49b.2498 Omaha, Nebraska 68154-2027 (Fax) 402. 96.2730 aid South Half of the North Half of the Southeast Quarter of Section 18; Thence South 34'18'19" West for 832.51 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, plotted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the east line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhorn Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of said Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Port of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for an arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) far on arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. EXHIBIT (1 11 1 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 peg, 26 Date August 23, 2005 01 MJW Job Number 96082.03-400 " ILii24 S Yll.' W W W.LRA-INC.COM 1¢71ODod"ge Road,Suitt 100�'"� (Ph)402.496.2498 Omaha,Nebraska 68154-2027 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; LEGAL DESCRIPTION (PONDING EASEMENT) That part of the South Half of the Southwest Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of said South Half of the Southwest Quarter of Section 18; Thence South 03°02'57" East (bearings referenced to the Nebraska State Plane System NAD88) for 45.69 feet along the east line of said South Half of the Southwest Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence South 03°02'57" East for 1034.49 feet continuing along said east line to the north right of way line of Nebraska State Highway 6; Thence North 41°21'29" West for 89.71 feet; Thence North 46 24 59 West for89.19 feet; Thence North 06°08'31" East for 72.37 feet; Thence North 65°46'39" West for 42.87 feet; Thence South 22°06'01" West for 112.46 feet; Thence South 03°40'24" East for 143.69 feet to the north right of way line of Nebraska State Highway 6; Thence South 86°56'14"West for 140.38 feet continuing along the said north right of way line of Nebraska State Highway 6; Thence South 86°56'12" West for 430.72 feet continuing along the said north right of way line of Nebraska State Highway 6; Thence North 57°07'19" East for 201.23 feet; Thence North 44°54'37" East for 114.45 feet; Thence North 31°56'07" East for 151.65 feet; Thence North 60°13'23" East for 159.73 feet; Thence North 42°20'13" East for 123.87 feet; Thence North 04°31'23" East for 102.16 feet; Thence North 13°57'37" East for 85.66 feet; Thence North 07°15'25" West for 174.98 feet Thence North 18°34'54" East for 105.13 feet; Thence North 37°35'40" East for 182.60 feet to the POINT OF BEGINNING. Contains 262,767 square feet or 6.032 acres • January 4,2006 LAMP, RYNEARSON &ASSOCIATES, INC. 96082.03-421 L:/96082/text/9682PNRD-Igls-REV.doc(PNRD pond easement Metro Community College revised) EXHIBIT "2" ExHIBIT2 .. Quarter of Section 18; Thence South 34'18'19" West for 832.51 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, plotted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the east line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhorn Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of said Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Port of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for an arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) far on arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. EXHIBIT (1 11 1 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 peg, 26 Date August 23, 2005 01 MJW Job Number 96082.03-400 " ILii24 S Yll.' W W W.LRA-INC.COM 1¢71ODod"ge Road,Suitt 100�'"� (Ph)402.496.2498 Omaha,Nebraska 68154-2027 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; REGISTER OF DEEDS USE CROSS-EASEMENTS AGREEMENT THIS CROSS-EASEMENTS AGREEMENT (hereinafter referred to as "THIS AGREEMENT") is made by and between the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT (hereinafter referred to as "the NRD") and the CITY OF OMAHA, NEBRASKA (hereinafter referred to as "OMAHA"). The NRD and OMAHA are hereinafter referred to collectively as "the PARTIES." WHEREAS, construction of the NRD'S Dam Site 13 Project (hereinafter referred to as "the NRD PROJECT") has been substantially completed on lands acquired by the NRD (hereinafter referred to collectively as "the NRD PROJECT LAND"), which is composed of (a) a tract of land, acquired from Zalkin Trust, now legally described as Outlots 1 and 2 in Elk Ridge, a subdivision as surveyed, platted and recorded, Douglas County, Nebraska; (b) a tract of land, acquired by the NRD from Lyman-Richey Corporation described and depicted as Parcel 2 and Parcel 3 in the legal description and diagram attached hereto pwg7n26CrossEase 1 EXHIBIT"A" hway 6; Thence South 86°56'12" West for 430.72 feet continuing along the said north right of way line of Nebraska State Highway 6; Thence North 57°07'19" East for 201.23 feet; Thence North 44°54'37" East for 114.45 feet; Thence North 31°56'07" East for 151.65 feet; Thence North 60°13'23" East for 159.73 feet; Thence North 42°20'13" East for 123.87 feet; Thence North 04°31'23" East for 102.16 feet; Thence North 13°57'37" East for 85.66 feet; Thence North 07°15'25" West for 174.98 feet Thence North 18°34'54" East for 105.13 feet; Thence North 37°35'40" East for 182.60 feet to the POINT OF BEGINNING. Contains 262,767 square feet or 6.032 acres • January 4,2006 LAMP, RYNEARSON &ASSOCIATES, INC. 96082.03-421 L:/96082/text/9682PNRD-Igls-REV.doc(PNRD pond easement Metro Community College revised) EXHIBIT "2" ExHIBIT2 .. Quarter of Section 18; Thence South 34'18'19" West for 832.51 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, plotted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the east line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhorn Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of said Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Port of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for an arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) far on arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. EXHIBIT (1 11 1 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 peg, 26 Date August 23, 2005 01 MJW Job Number 96082.03-400 " ILii24 S Yll.' W W W.LRA-INC.COM 1¢71ODod"ge Road,Suitt 100�'"� (Ph)402.496.2498 Omaha,Nebraska 68154-2027 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; . collectively and incorporated herein by reference as Exhibit "1"; and, (c) a tract of land acquired by the NRD from Metropolitan Community College Area described and depicted in the legal description and diagram attached hereto and incorporated herein by reference as Exhibit "2"; and, WHEREAS, the NRD PROJECT consists of a flood control structure (hereinafter referred to as "the DAM"), that will be constructed, operated, maintained, repaired, replaced and regulated solely at NRD expense, and associated reservoir (hereinafter referred to as "the RESERVOIR"); and, WHEREAS, OMAHA has purchased and owns certain lands near the northwest corner of 192nd Street and West Dodge Road (State Highway 6), described in the legal description attached hereto as Exhibit "3" and incorporated herein by reference, (hereinafter referred to as "the OMAHA PARK LANDS;" and, WHEREAS, certain public parks and recreational improvements (hereinafter collectively referred to as "the PARK FACILITIES PROJECT"), including, without limitation, fishery enhancement and fishing facilities, will be constructed, operated, maintained, repaired, replaced and regulated solely at OMAHA expense in the OMAHA PARK LANDS and in the NRD PROJECT LAND; and, WHEREAS, in order to facilitate the NRD PROJECT and the PARK FACILITIES PROJECT, the PARTIES hereto desire to grant to each other certain easements, hereinafter described. NOW, THEREFORE, IN CONSIDERATION of the foregoing recitals and mutual covenants and agreements of the PARTIES hereinafter set forth, the PARTIES hereto grant and agree as follows: a) TEMPORARY EASEMENT OVER NRD PROJECT LAND: The NRD hereby grants to OMAHA a temporary easement over and across the NRD PROJECT LAND, such easement to grant to OMAHA the temporary right to pwg7u26CrossEase 2 EXHIBIT"A" EXHIBIT "2" ExHIBIT2 .. Quarter of Section 18; Thence South 34'18'19" West for 832.51 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, plotted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the east line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhorn Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of said Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Port of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for an arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) far on arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. EXHIBIT (1 11 1 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 peg, 26 Date August 23, 2005 01 MJW Job Number 96082.03-400 " ILii24 S Yll.' W W W.LRA-INC.COM 1¢71ODod"ge Road,Suitt 100�'"� (Ph)402.496.2498 Omaha,Nebraska 68154-2027 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; construct the PARK FACILITIES, subject to the NRD'S reserved rights to: i) Enter and use the NRD PROJECT LAND for construction of the DAM and RESERVOIR; and, ii) Periodically flow waters and sediment upon, and inundate, those portions of the NRD PROJECT LAND that have a ground surface elevation lower than the top of the DAM (such portions hereinafter being referred to collectively as "the MAXIMUM FLOOD POOL"), such easement to have a duration equal to the period of time required to perform such construction. b) TEMPORARY EASEMENT OVER OMAHA PARK LANDS: OMAHA hereby grants to the NRD a temporary easement consisting of the right of the NRD to enter the OMAHA PARK LANDS and grade the same in order to expand the volume of portions of the MAXIMUM FLOOD POOL to the extent approved by the CITY in writing, such easement to have a duration equal to the period of time required to perform such grading. c) PERMANENT FLOWAGE EASEMENT: OMAHA hereby grants to the NRD a permanent easement, consisting of the permanent right of the NRD to periodically flow waters and sediment upon, and inundate, those portions of the OMAHA PARK LANDS which have a ground surface elevation lower than the MAXIMUM FLOOD POOL . d) RESTRICTIVE COVENANTS: OMAHA hereby grants to the NRD permanent restrictions as follows, to-wit: i) REGULATORY POOL STRUCTURE RESTRICTION. OMAHA shall not construct, maintain or permit structures, fixtures or other improvements, other than recreational trail improvements, lighting, landscaping, boat docking facilities and signage, in any areas of the OMAHA PARK LANDS, within the watershed of the DAM, having a ground pwg71126CrossEase 3 EXHIBIT"A" AHA a temporary easement over and across the NRD PROJECT LAND, such easement to grant to OMAHA the temporary right to pwg7u26CrossEase 2 EXHIBIT"A" EXHIBIT "2" ExHIBIT2 .. Quarter of Section 18; Thence South 34'18'19" West for 832.51 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, plotted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the east line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhorn Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of said Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Port of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for an arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) far on arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. EXHIBIT (1 11 1 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 peg, 26 Date August 23, 2005 01 MJW Job Number 96082.03-400 " ILii24 S Yll.' W W W.LRA-INC.COM 1¢71ODod"ge Road,Suitt 100�'"� (Ph)402.496.2498 Omaha,Nebraska 68154-2027 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; surface elevation lower than 1,174.0 feet above mean sea level, NGVD. ii) REGULATORY POOL EXCAVATION AND FILL RESTRICTION. OMAHA shall not fill, nor permit filling of, any areas of the OMAHA PARK LANDS, within the watershed of the DAM, having a ground surface elevation lower than 1,174.o feet above mean sea level, NGVD, without balancing such placement with a permanent borrowing and removal of an equivalent amount of earth fill from such areas, and without the prior written approval of the NRD of the plans for such activities, such approval to not be withheld or delayed unreasonably. iii) MAXIMUM POOL EXCAVATION AND FILL RESTRICTION. OMAHA shall not fill, nor permit filling of, any areas of the OMAHA PARK LANDS, within the watershed of the DAM, having a ground surface elevation higher than 1,174.o feet above mean sea level and lower than 1,180.o feet above mean sea level, NGVD, without balancing such placement with a permanent borrowing and removal of an equivalent amount of earth fill from such areas, and without the prior written approval of the NRD of the plans for such activities, such approval to not be withheld or delayed unreasonably. e) PERMANENT MITIGATION EASEMENTS: OMAHA hereby grants to the NRD and its successors and assigns the permanent rights to enter portions of the OMAHA PARK LANDS hereinafter described, and use such portions, respectively, to construct, install, operate, maintain, repair and replace replacement trees, replacement channels, replacement wetlands, and replacement riparian channel buffer strips, in order to mitigate for the trees, channels, wetlands and riparian buffer strips lost as a result of the NRD'S construction of the DAM and the RESERVOIR, to-wit: (1) The portion(s) of the OMAHA PARK LANDS that shall be subject to the NRD'S right of use for replacement trees are depicted in the pwg7ii26CrossEase 4 EXHIBIT"A" 832.51 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, plotted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the east line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhorn Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of said Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Port of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for an arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) far on arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. EXHIBIT (1 11 1 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 peg, 26 Date August 23, 2005 01 MJW Job Number 96082.03-400 " ILii24 S Yll.' W W W.LRA-INC.COM 1¢71ODod"ge Road,Suitt 100�'"� (Ph)402.496.2498 Omaha,Nebraska 68154-2027 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; diagram attached hereto as Exhibit "4" and incorporated herein by reference. (2) The portion(s) of the OMAHA PARK LANDS that shall be subject to the NRD'S right of use for replacement wetlands are described in the legal description attached hereto as Exhibit "5" and incorporated herein by reference. (3) The portion(s) of the OMAHA PARK LANDS that shall be subject to the NRD'S right of use for replacement riparian channel buffer is the irregular corridor of land, too feet in width, abutting and lying beyond the waterline of the normal (conservation) pool of the RESERVOIR at 1,165 feet above mean sea level, NGVD, excepting the portion(s) of such corridor occupied by the DAM and by CITY-constructed fishing jetties, boat ramp and associated parking lots, and excepting the portion(s) of the outer 5o feet of such too foot wide corridor occupied by a CITY-constructed paved public bicycle and pedestrian trail, not more than ten feet in width. (4) Except as otherwise provided above, all the above-stated portion(s) of the OMAHA PARK LANDS also shall be subject to the following permanent conditions and restrictions that shall run with the OMAHA PARK LANDS and be binding upon and enforceable by the parties and their successors and assigns, to-wit: a) There shall be no construction or placement of structures or mobile homes, fences, signs, billboards or other advertising material, or other structures, whether temporary or permanent, on such portions of the OMAHA PARK LANDS; b) There shall be no filling, draining, excavating, dredging, mining, drilling or removal of topsoil, loam, peat, sand, gravel, rock, minerals or other materials on such portions of the OMAHA PARK LANDS; pwg7u26CrossEase 5 EXHIBIT"A" portion(s) of the OMAHA PARK LANDS that shall be subject to the NRD'S right of use for replacement trees are depicted in the pwg7ii26CrossEase 4 EXHIBIT"A" 832.51 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, plotted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the east line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhorn Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of said Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Port of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for an arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) far on arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. EXHIBIT (1 11 1 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 peg, 26 Date August 23, 2005 01 MJW Job Number 96082.03-400 " ILii24 S Yll.' W W W.LRA-INC.COM 1¢71ODod"ge Road,Suitt 100�'"� (Ph)402.496.2498 Omaha,Nebraska 68154-2027 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; c) There shall be no building of roads or paths for vehicular or pedestrian travel or any change in the topography of such portions of the OMAHA PARK LANDS; d) There shall be no removal, destruction, or cutting of trees or plants, spraying with biocides, insecticides, or pesticides, grazing of animals, farming, tilling of soil, or other agricultural activity in such portions of the OMAHA PARK LANDS; however, maintenance activities are acceptable upon approval by the District Engineer of the Omaha District of the U.S. Army Corps of Engineers; e) There shall be no operation of all-terrain vehicles or any other type of motorized vehicle such portions in the OMAHA PARK LANDS; f) These restrictions may be changed, modified or revoked only with the written approval of the District Engineer of the Omaha District of the U.S. Army Corps of Engineers and, to be effective, such approval must be witnessed, authenticated, and recorded pursuant to the law of the State of Nebraska; and, g) Prior to the NRD entering the OMAHA PARK LANDS to construct, install, operate, maintain, repair or replace any trees, riparian buffer strips and channel and wetland mitigation measures, the plans for such measures shall be submitted to the CITY for its approval, such approval to not be withheld if inconsistent with the grants made in THIS AGREEMENT, or delayed unreasonably. Such measures may include relocation and/or mitigation of impacts to the existing mitigation measures that comprise the Wetlands Mitigation Area and Buffer Zone declared in the Declaration of Wetlands Mitigation Restrictions recorded on February 18, 2005 as •Instrument No. 2005019086 of the Miscellaneous Records of the pwqm.26CrossEase 6 EXHIBIT"A" 5 EXHIBIT"A" portion(s) of the OMAHA PARK LANDS that shall be subject to the NRD'S right of use for replacement trees are depicted in the pwg7ii26CrossEase 4 EXHIBIT"A" 832.51 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, plotted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the east line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhorn Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of said Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Port of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for an arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) far on arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. EXHIBIT (1 11 1 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 peg, 26 Date August 23, 2005 01 MJW Job Number 96082.03-400 " ILii24 S Yll.' W W W.LRA-INC.COM 1¢71ODod"ge Road,Suitt 100�'"� (Ph)402.496.2498 Omaha,Nebraska 68154-2027 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; • • Register of Deeds of Douglas County, Nebraska, that the NRD has agreed to construct, install, operate, maintain, repair and replace in conjunction with the trees, buffer strips and channel and wetlands mitigation measures that the NRD will be required to construct, install, operate maintain, repair and replace to compensate for trees, buffer strips, channels and wetlands that will be lost as a result of the NRD'S construction of the DAM and RESERVOIR. IN WITNESS WHEREOF THIS AGREEMENT is executed by the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT on this day of 2005, pursuant to resolution duly adopted by its Board of Directors. PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT By General Manager THIS AGREEMENT is executed by the CITY OF OMAHA, NEBRASKA on this ,/& day of (.X Lco or , 200,, pursuant to ordinance duly adopted by its City Council. g ' . '• "I 1 CITY OF OMAHA, NEBRASKA - By Mayor A1TEST: -° APPROVED AS Ti :' : ity.Clerk zipo ASSISTANT CITY A - ' pwQ71126CrossFase' ' 7 EXHIBIT"A" ans for such measures shall be submitted to the CITY for its approval, such approval to not be withheld if inconsistent with the grants made in THIS AGREEMENT, or delayed unreasonably. Such measures may include relocation and/or mitigation of impacts to the existing mitigation measures that comprise the Wetlands Mitigation Area and Buffer Zone declared in the Declaration of Wetlands Mitigation Restrictions recorded on February 18, 2005 as •Instrument No. 2005019086 of the Miscellaneous Records of the pwqm.26CrossEase 6 EXHIBIT"A" 5 EXHIBIT"A" portion(s) of the OMAHA PARK LANDS that shall be subject to the NRD'S right of use for replacement trees are depicted in the pwg7ii26CrossEase 4 EXHIBIT"A" 832.51 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, plotted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the east line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhorn Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of said Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Port of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for an arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) far on arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. EXHIBIT (1 11 1 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 peg, 26 Date August 23, 2005 01 MJW Job Number 96082.03-400 " ILii24 S Yll.' W W W.LRA-INC.COM 1¢71ODod"ge Road,Suitt 100�'"� (Ph)402.496.2498 Omaha,Nebraska 68154-2027 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; STATE OF NEBRASKA ) ) SS. COUNTY OF ) On this day of , 2005, before me, a Notary Public, personally came Steven G. Oltmans, General Manager of the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, to me personally known to be the identical person whose name is affixed to the above and foregoing instrument, and he/she acknowledged the same to be his/her voluntary act and deed and the voluntary act and deed of said District. WITNESS my hand and Notarial Seal the date last aforesaid. Notary Public STATE OF NEBRASKA ) SS. COUNTY OF .16415 L ) On this I dr ' dayg of , 2005;,, before me, a Notary Public, personally came Mike Fahe , Mayor of the CITY OF OMAHA, NEBRASKA to me personally known to be the identical person whose name is affixed to the above and foregoing instrument, and he/she acknowledged the same to be his/her voluntary act and deed and the voluntary act and deed of said City. WITNESS my hand and Notarial Seal the date last aforesaid. 6/.601A4-2,/..ej.6-- GENERAL NOTARY-State of Nebraska jr TAMMY BIODROWSKI Notary Pubic l,;,® My Comm.Bp.Sept.4,2011 n pwg71126CrossEase 8 - EXHIBIT"A" such approval to not be withheld if inconsistent with the grants made in THIS AGREEMENT, or delayed unreasonably. Such measures may include relocation and/or mitigation of impacts to the existing mitigation measures that comprise the Wetlands Mitigation Area and Buffer Zone declared in the Declaration of Wetlands Mitigation Restrictions recorded on February 18, 2005 as •Instrument No. 2005019086 of the Miscellaneous Records of the pwqm.26CrossEase 6 EXHIBIT"A" 5 EXHIBIT"A" portion(s) of the OMAHA PARK LANDS that shall be subject to the NRD'S right of use for replacement trees are depicted in the pwg7ii26CrossEase 4 EXHIBIT"A" 832.51 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, plotted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the east line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhorn Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of said Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Port of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for an arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) far on arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. EXHIBIT (1 11 1 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 peg, 26 Date August 23, 2005 01 MJW Job Number 96082.03-400 " ILii24 S Yll.' W W W.LRA-INC.COM 1¢71ODod"ge Road,Suitt 100�'"� (Ph)402.496.2498 Omaha,Nebraska 68154-2027 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; • EXHIBIT "1" ' LAND SURVEYOR'S CERTIFICATE I hereby certify that this plat. map, survey or report was made by me or under my direct su.ervision and that I am a duly Registered Land Surveyor under the laws of the State of Nebraska. CE pgN FRr>DE ESTAires NO3'O6'37'W NO3'06'37"W w 241.06' M " M •, 42•.03 & o • 9 Nlm°o co >o •• ap 'b • o -o 1,,,:. ir LT r gTi EE ti w- O tWO;. vF vOC ;• 111111111r • . F;s•s . .- eO.5(1 .03'00 42 E s i 5'ao<V^v �g \ 11 s mr*1 -o In*o In -a Li; > D C D�ZOj Pi O -••• ' W 0 O II N ;rt. N —1 K=z —I -A ° R K t Vcn E c p rn O- m '3-- n��•w�• m rn xi z '.vc.,b m K v,cn :i ro-4.z b m r� v m 0 Z m o z ta 2 r— �$N_ R.RR.. a, m '� 3 *I 0. g to O c5 ro > k- O - c z z s M u z rn up I— o cn up • • • 49. t\i s m 3 N Z2� �s'('�J vm m `, m xi I- onx O mG•' @• ~ of 9 0� Z J chi+ y of FjL, �, V� / 7 0 0 gp �p m D � 1R60/ c i� IO V .fD Z 2. C-)*0 0*0 O v_ D 60Z 4. w �_z v z m = lO�r525 . 0� ac�u,� w tn....m cn_,m z 0 .. a50n °-°- m-lc m4'N -0 `a w.°ii( o 0- Z v-e-I -3 - 4 ,--;O I— ,--c..... m m . - • - ai ��\ - o�: V-ab < s0uwocnXs • oamoo Nm v CO $j0op >clW73 (�m to A -aa g m ! 9.11 —.N A -1 � r, N,cov$ oN 0- SN'Lo NO "" -4V O JV F. uNirg,�/,?- to a, 666 ' n' Z-7 v 5.5.g.6, ' cftk ‘1.12 flhIIu1uI ol �sc ^�. y Sly ,i cb 'o E - ,.. 661.75'(M) j9 StNet 1323.48'(M) + .c474.. cc,y 3 M am, BOI.r'T7Public"4WEflight�o/TY6Way Varies.rRt 1Ee 661.7 SE Cor.SE 1/4,Sec. 18,T15N,R11E B �EOTN (found brass cop) N 49,6'to 60d spike in top of corner post ``�11111111/��1' N 50.0'to 1/2"iron pipe®OS NE of comer fence post ' LAND ij�� NNE 50.9'to 60d spike in AT&T Co.woming pole • Ce •. 3' NE 62.9'to 60d spike in power poleD(H I B IT t �4u�•' ••.•••• •G'PG�i SE 55.0'to 60d spike in AT&T Co.warning pole y ROBERT D. ••:�.� w i PRDETT i°� 11 ��':, LS-379 .J, ..• V ;•'PC SHEET 1 OF 2 OF Ne 86082\dwg\96 2PNRD—bndrev—cert.dwg ROBERT D. PROETT LS 379 ,,��lIffll 11t0�``,`` Book 96082 #2 Pape 26 Data August 23, 2005 DrrtkBy MJW Job Nun 96082.03-400 J l� Lamp,Ry ears n i Asscalrlat s,I c.. WSW LRA-INC.COM .r,,1 ,i gw. a,c"n_„,r r s- s,..•_r-. .y' m 4 7. �:n. (.vat K^2 s T'' •� 1471�West Dodge:Road,Su"ife 1t10' "' (Ph)402.496.2498 Omaha,Nebraska 68154.2027 (Fax)402.496.2730 J a, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for an arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) far on arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. EXHIBIT (1 11 1 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 peg, 26 Date August 23, 2005 01 MJW Job Number 96082.03-400 " ILii24 S Yll.' W W W.LRA-INC.COM 1¢71ODod"ge Road,Suitt 100�'"� (Ph)402.496.2498 Omaha,Nebraska 68154-2027 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; EXHIBIT "1" . LEGAL DESCRIPTION PARCEL 1 Lots 113 through 120, inclusive, and dedicated Elk Ridge Drive in ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska, described as follows: . Beginning of the northwest corner of said Lot 113; Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NADBB) for 350.00 feet along the north line of said Lots 113 and 120 to the northeast corner of said Lot 120; Thence along the east and south lines of said Lots 116 through 120, inclusive, for the following three (3) courses: (1) Thence South 03'00'42" East for 295.57 feet; (2) Thence along a curve to the right (having a radius of 275.00 feet and a long chord bearing South 41'57'34" West for 388.71 feet) for an arc length of 431.69 feet; (3) Thence South 86'55'50" West for 39.30 feet to the southwest corner of said Lot 116; Thence North 03'06'37" West for 150.00 feet along the west line of said Lot 116 to the northwest corner thereof and the south right of way line of Elk Ridge Drive; Thence South 86'55'50" West for 35.00 feet along said south right of way line to the northeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 420.03 feet along the east line of ELKHORN RIDGE ESTATES to the Point of Beginning. Contains 177,836 square or 4.083 acres. PARCEL 2 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Beginning at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska; Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 34'18'19" West for 832.51 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the eost line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhorn Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of sold Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for on arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and o long chord bearing South 12'08'18" East for 56.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Contoining 601,119 square feet or 13.800 acres. EXHIBIT II I 11 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 page 26 Date August 23, 2005 DrrnBy MJW Job Number 96082.03-400 .:4--,., J it �-, x. eg oII Oz°lsso� , c. www.LRA-INC.COM ,��.. gym., .A� .�,� � �; .+: ;xmx [.r.ra .rxry,�..,aq,+., '{, ' raa+m-..,. ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; PONDING EXHIBIT • i .17 .'j'! NE Point -of. j1; I 1 Sec. 18, T15N, R1 l E 1 i -£or»rtfencement _,__--------• S03'02'S7"E _.._.._..J.._.._.._.._.1_.__.._.._.. 45.69' o.'• �^"O co Point of Beginning cb 1v d_ .� Oa w'o Z A TOTAL AREA 262,767 SQ.FT.. too a 100 200 c,'cc 6.032 ACRES o• N z CI^, O N �(O • U1 n� ^,DC ^^� AREA IN 1180 r*i lm �t 94,156 SQ.FT. ,Z w inco 5' h�' 2.162 ACRES N ^\2' 'CI\ • czi ,. ..._torcl' ti d ,�6 1��S N4?8j91P N06'08'31"E r 72.37' o hero o`O- N46'24'59'W ,6' •h �ry /89.19' cDt' 6 w N41'21'29'W o<°i to w P 89.71' S86'56'14"W S86'56'12"W 1 40.38 I 430.72 I 1 —._._._._._._ ——._._Highway 6--._.--- •——•— - SE Cor. SW 1/4 ------------.—•—— I Sec. 18, T15N, RI1E I I I L:\eng\96082\dwg\hdrinfo\9682Metro_college_pnrd_eas Book Page Date Jan. 4, 2005 Dwn.By MJW Job Number 96082.03-421 J ([12__- Lamp, Rynearson & Associates, Inc, .A 14710 West Dodge Road, Suite 100 EXHIBIT ��2�, ( L ) 402. 2498 Omaha, Nebraska 68154-2027 (Fax) 402.496.2730 J ded in Douglas County, Nebraska; Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 34'18'19" West for 832.51 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the eost line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhorn Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of sold Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for on arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and o long chord bearing South 12'08'18" East for 56.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Contoining 601,119 square feet or 13.800 acres. EXHIBIT II I 11 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 page 26 Date August 23, 2005 DrrnBy MJW Job Number 96082.03-400 .:4--,., J it �-, x. eg oII Oz°lsso� , c. www.LRA-INC.COM ,��.. gym., .A� .�,� � �; .+: ;xmx [.r.ra .rxry,�..,aq,+., '{, ' raa+m-..,. ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; LEGAL DESCRIPTION (PONDING EASEMENT) • That part of the South Half of the Southwest Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of said South Half of the Southwest Quarter of Section 18; Thence South 03°02'57" East (bearings referenced to the Nebraska State Plane System NAD88) for 45.69 feet along the east line of said South Half of the Southwest Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence South 03°02'57" East for 1034.49 feet continuing along said east line to the north right of way line of Nebraska State Highway 6; Thence North 41°21'29"West for 89.71 feet; Thence North 46°24'59" West for 89.19 feet; Thence North 06°08'31" East for 72.37 feet; Thence North 65°46'39" West for 42.87 feet; Thence South 22°06'01" West for 112.46 feet; Thence South 03°40'24" East for 143.69 feet to the north right of way line of Nebraska State Highway 6; Thence South 86°56'14"West for 140.38 feet continuing along the said north right of way line of Nebraska State Highway 6; Thence South 86°56'12" West for 430.72 feet continuing along the said north right of way line of Nebraska State Highway 6; Thence North 57°07'19" East for 201.23 feet; Thence North 44°54'37" East for 114.45 feet; Thence North 31°56'07" East for 151.65 feet; Thence North 60°13'23" East for 159.73 feet; Thence North 42°20'13" East for 123.87 feet; Thence North 04°31'23" East for 102.16 feet; Thence North 13°57'37" East for 85.66 feet; Thence North 07°15'25" West for 174.98 feet Thence North 18°34'54" East for 105.13 feet; Thence North 37°35'40" East for 182.60 feet to the POINT OF BEGINNING. Contains 262,767 square feet or 6.032 acres January 4,2006 LAMP,RYNEARSON &ASSOCIATES, INC. 96082.03-421 L:/96082/text/9682PNRD-Ig)s-REV.doc(PNRD pond easement Metro Community College revised) ExHIBIT 0211 EXHIBIT "2" f the Southeast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the eost line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhorn Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of sold Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for on arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and o long chord bearing South 12'08'18" East for 56.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Contoining 601,119 square feet or 13.800 acres. EXHIBIT II I 11 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 page 26 Date August 23, 2005 DrrnBy MJW Job Number 96082.03-400 .:4--,., J it �-, x. eg oII Oz°lsso� , c. www.LRA-INC.COM ,��.. gym., .A� .�,� � �; .+: ;xmx [.r.ra .rxry,�..,aq,+., '{, ' raa+m-..,. ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; • EXHIBIT "3" CITY PROPERTY A TRACT OF LAND LOCATED IN THE SOUTH 'A OF THE SOUTHEAST Vs OF SECTION 18, TOWNSHIP 15 NORTH, RANGE 11 EAST OF THE 6TH PRINCIPAL MERIDIAN IN DOUGLAS COUNTY, NEBRASKA; EXCEPT THAT PART TAKEN FOR STREET AND HIGHWAY R.O.W., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ''A CORNER OF SAID SECTION 18; THENCE NORTH 00°-02'-04" WEST A DISTANCE OF 50.10 FEET TO A POINT. THE POINT OF BEGINNING; THENCE NORTH 00°-06'20" WEST ALONG THE WEST LINE OF THE SOUTH 'V2 OF THE SOUTHEAST 'A OF SAID SECTION 18 FOR 1270.69 FEET TO THE NORTHWEST CORNER OF THE SOUTH 'Y2 OF THE SOUTHEAST 'A OF SAID SECTION 18; THENCE NORTH 89°-50'-38"EAST ALONG THE NORTH LINE OF THE SOUTH TA OF THE SOUTHEAST 'A OF SAID SECTION 18 FOR 2616.06 FEET TO THE WEST R.O.W. LINE OF 192ND STREET, SAID POINT BEING 33.00 FEET WEST OF THE NE CORNER OF THE SOUTH 'A OF THE SOUTHEAST 1/4 OF SAID SECTION 18; THENCE SOUTH 00°- 00'-00" EAST ALONG THE WEST R.O.W. LINE OF 192ND STREET 33.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF THE SOUTH 'A OF THE SOUTHEAST ''A OF SAID SECTION 18 FOR 371.86 FEET; THENCE CONTINUE ALONG THE WEST R.Q.W. LINE OF 192ND STREET SOUTH 09°-27'-51" WEST FOR 52.48 FEET; THENCE CONTINUING ALONG THE WEST R.O.W. LINE OF 192ND STREET SOUTH 03°-49'-31" WEST FOR 200.41 FEET; THENCE CONTINUING ALONG THE WEST R.O.W. LINE OF 192ND STREET SOUTH 00°-00'-00" EAST FOR 500.00 FEET; THENCE CONTINUING ALONG THE WEST R.Q.W. LINE OF 192ND STREET SOUTH 06°-29'-00" WEST FOR 132.50 FEET TO THE NORTH R.O.W. LINE OF WEST DODGE ROAD; THENCE SOUTH 87°-19'-00" WEST ALONG THE NORTH R.O.W. LINE OF WEST DODGE ROAD FOR 406.28 FEET; THENCE CONTINUING ALONG THE NORTH R.O.W. LINE OF WEST DODGE ROAD SOUTH 89°-52'-57" WEST FOR 400.04 FEET; THENCE CONTINUING ALONG THE NORTH R.O.W. LINE OF WEST DODGE ROAD NORTH 84°-23'-21" WEST FOR 301.53 FEET; THENCE CONTINUING ALONG THE NORTH R.O.W. LINE OF WEST DODGE ROAD SOUTH 89°-49'-42" WEST FOR 100.08 FEET; THENCE CONTINUING ALONG THE NORTH R.O.W. LINE OF WEST DODGE ROAD SOUTH 84°-10'-28" WEST FOR 301.19 FEET; THENCE CONTINUING ALONG THE NORTH R.O.W. LINE OF WEST DODGE ROAD SOUTH 89°-54'-3I" WEST 1071.09 FEET TO THE POINT OF BEGINNING; CONTAINING 75.574 ACRES MORE OR LESS. BASIS OF BEARING BASED ON SOUTH LINE OF THE SOUTHEAST QUARTER FROM SURVEY DATED 11-27-1979. EXHIBIT .3i l 41.06 feet along the eost line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhorn Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of sold Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for on arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and o long chord bearing South 12'08'18" East for 56.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Contoining 601,119 square feet or 13.800 acres. EXHIBIT II I 11 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 page 26 Date August 23, 2005 DrrnBy MJW Job Number 96082.03-400 .:4--,., J it �-, x. eg oII Oz°lsso� , c. www.LRA-INC.COM ,��.. gym., .A� .�,� � �; .+: ;xmx [.r.ra .rxry,�..,aq,+., '{, ' raa+m-..,. ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; . . . . • TREE , , , , • ., c\, ,A 14 ./ i•, REPLACEMENT ...NV hi! ___\-i --,,_/:-_ i_.--.7--- DIAGRAM --- --„/ -111' - tki-- - i_ ,. " liti . 44k iti .. . .e Tree Replacement Area and 100 Riparian Corridor • - , I, . . N:**7-1,7":". . -' tOi V.\ 1" °1 • - -)1t1 /"." - .4.1 RI.\\;i141\-.. \Aill . i Ti'. -',' ' : lir 1\•11, ''....""r-WVILC///,'' • . - -----:;•-' /• — - -- _...,... . , -72-72-_-_: -.. ... . . 1 I .. 1 L.Liii- • 11.4110, .4111.""" , ' _ '.•-•-•-• .14;. ....e 4OF • / '' . k •/- , D 0 0 IIISeecz))1 It . „:..•:''4, (- rats r: t 1.- ° q or-o., . ,i.jiokiji il,,,„!, ,11,1 ..- ,,,,._, 1110111111- ',.ii2 rr. • FA to Illt ii.,' -.. - , .. ... __ a 4 ° ' NW I 1\11111ij., _____ c ______. . .___..i. ,- ....- -cir:73------7 ----- • -. ,-.1-711‘-s ",-.10111, ,,,, - ,r4„..„1„ , its. ,II-- 7-2,11 N7441111 . #, ,;i--- ,Th # 1r mi, mewl* 0 1..11;_. 1 eil )10 , ct 7 , - . -../. II .01 ‘a . . • -- 1\\I,' ',I I r ..., Jr\.o 41=t_1LiftI.-l..aitil Ltshl4ein'i tt'i r5ei: 11.r__i__t.,.I01,1pi*irlp,lr_ii,--i-i-ki Fuji4) Ai t7:, )„:-',- I7 5, le."..-0a,„,,i:i,.,r i ! c:N.44,11 ills ..., ,. . . i - . . . _ . -... . 'N•\''', i: ''..‘s --,,,7-. ,, lj I" 1111 . • . , /' 4 .,. i. ..‘ . 4-‘,_. • . 1 it_____w/ -., .):- 1' -N- - . • sN- ' , 403 '''il'A-,i--'-4:‘ ._, ,_.••••' lit, ,...die • -111. I= .411.41pi.Nk—"Tir") IL , _ ___....0..„0„,... .1..,14--..:_.„,.....-._ ........ _ 1 II . • ____. .....: ,mollIlaffa - -----'''''''.0.••••••0111I C --"'"I'----;r-"-'--'"'""- —"'' ....--" .----"."-'------181-------. "''''"3"7"'"-----."'" --"_7.- • --.„. 11111111111 .21121==.11111111110Mft'l=" === ==i-11"..- 4.mmo '11.111111111111111111111.1iii-III, wmaar,r1011.11111--. .---q, II --- ....._ --.10111!IiI I I ' s c ----C-- ----1-\.: -..--..'"---.....' 1 1 1 1 E)(HIBIT „4„ 1 gth of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and o long chord bearing South 12'08'18" East for 56.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Contoining 601,119 square feet or 13.800 acres. EXHIBIT II I 11 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 page 26 Date August 23, 2005 DrrnBy MJW Job Number 96082.03-400 .:4--,., J it �-, x. eg oII Oz°lsso� , c. www.LRA-INC.COM ,��.. gym., .A� .�,� � �; .+: ;xmx [.r.ra .rxry,�..,aq,+., '{, ' raa+m-..,. ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; • LEGAL' DESCRIPTION A permanent easement for Wetlands Mitigation over that part, of the South Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: (SEE ATTACHED SHEET FOR COMPLETE LEGAL DESCRIPTION) PERMANENT SANITARY SEWER EASEMENT\ SOUTH 1 / 2 R=245.75' S57'S7'45"E \ NR36'08'46"E ,^./ 43.36' \ C=114.50' ,� • \ A=115.57' R=387\/............1 .38' R=120.27' ,�� \, R=450.51' 586'S9'49"E N68'19'50"E ��' , \\ S2 80.31 1"E C=137.80' C=57.03 / \ ‘ A=80.42' A=138.54' A=57.58' / \\ / j N27'34'55"E \ \ r / j 22.00'---___7i 11 R=131.30' N86'S7'03'E// Wetland Area i i SO4'07'20"W 0.500 Acres I C=90.24' 76.45' \ `� A=92.12' \ ♦ .� , POINT OF_ / / ) BEGINNING 50' Buffer /'/ R=260.14' 0.632 Acres R=96.76' ♦♦ N58'52'29"W _____-- S45'04'46'W C=183.77' C=78.61' A=187.82' R=400.96' R=175.61 A=80.95' N85'12'10"W S80'15'21"W Z C=71.94' C=56.53' C+ uoj A=72.03' A=56.78' Q10 O N CA I SOUTHEAST 1 / 4 I POINT OF COMMENCEMENT WEST DODGE ROAD _ --- - - SW CORNER of the SE 1/4 of Section 18, T15N, R1 1 E laH I BIT „5 is 0 50 100 200 drawn by' MJW „ M" ,u designer. RDP J lL I,pfrip; ynea3sam 8i Asso-ciates,.Inc WWw.LRA-livc.cOvi job number-tasks,96082 --"•' 1-4710(VVest O9dgeRoad,Suite 100 (Ph) 402.496.2498 date,APRIL 5, 2007 Omaha,Neliraslia 68154-2027 (Fax) 402.496.2730 book Pat;la' Se name,9682EAS—PNRD.dwg . 1 it_____w/ -., .):- 1' -N- - . • sN- ' , 403 '''il'A-,i--'-4:‘ ._, ,_.••••' lit, ,...die • -111. I= .411.41pi.Nk—"Tir") IL , _ ___....0..„0„,... .1..,14--..:_.„,.....-._ ........ _ 1 II . • ____. .....: ,mollIlaffa - -----'''''''.0.••••••0111I C --"'"I'----;r-"-'--'"'""- —"'' ....--" .----"."-'------181-------. "''''"3"7"'"-----."'" --"_7.- • --.„. 11111111111 .21121==.11111111110Mft'l=" === ==i-11"..- 4.mmo '11.111111111111111111111.1iii-III, wmaar,r1011.11111--. .---q, II --- ....._ --.10111!IiI I I ' s c ----C-- ----1-\.: -..--..'"---.....' 1 1 1 1 E)(HIBIT „4„ 1 gth of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and o long chord bearing South 12'08'18" East for 56.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Contoining 601,119 square feet or 13.800 acres. EXHIBIT II I 11 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 page 26 Date August 23, 2005 DrrnBy MJW Job Number 96082.03-400 .:4--,., J it �-, x. eg oII Oz°lsso� , c. www.LRA-INC.COM ,��.. gym., .A� .�,� � �; .+: ;xmx [.r.ra .rxry,�..,aq,+., '{, ' raa+m-..,. ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; • LEGAL DESCRIPTION • A permanent easement for Wetlands Mitigation over that part of the South Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the southwest corner of the said South Half of the Southeast Quarter of Section 18; Thence North 03°02'57" West (bearings referenced to the Final Plat of ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska) for 360.37 feet along the west line of the said South Half of the Southeast Quarter of .Section 18; Thence North 86°57'03" East for 76.45 feet to the TRUE POINT OF BEGINNING; Thence North 27°34'55" East for 22.00 feet; Thence along a curve to the left (having a radius of 387.38 feet and a long chord bearing North 86°59'49" East for 137.80 feet) for an arc length of 138.54 feet; Thence along a curve to the left (having a radius of 120.27 feet and a long chord bearing North 68°19'50" East for 57.03 feet) for an arc length of 57.58 feet; Thence along a curve to the left (having a radius of 245.75 feet and a long chord bearing North 36°08'46" East for 114.50 feet) for an arc length of 115.57 feet; Thence South 57°57'45" East for 43.36 feet; Thence along a curve to the right (having a radius of 450.51 feet and a long chord bearing South 20°18'31" East for 80.31 feet) for an arc length of 80.42 feet; Thence along a curve to the right (having a radius of 131.30 feet and a long chord bearing South 04°07'20"West for 90.24 feet) for an arc length of 92.12 feet; Thence along a curve to the right (having a radius of 96.76 feet and a long chord bearing South 45°04'46"West for 78.61 feet) for an arc length of 80.95 feet; Thence along a curve to the right (having a radius of 175.61 feet and a long chord bearing South 80°15'21"West for 56.53 feet) for an arc length of 56.78 feet; Thence along a curve to the right (having a radius of 400.96 feet and a long chord bearing North 85°12'10"West for 71.94 feet) for an arc length of 72.03 feet; Thence along a curve to the right (having a radius of 260.14 feet and a long chord bearing North 58°52'29"West for 183.77 feet) for an arc length of 187.82 feet to the Point of Beginning. Contains 1.132 acre. April 6,2007 LAMP,RYNEARSON&ASSOCIATES,INC. L:\96082\text\9682PNRD-Igl.doc (wetlands mitigation in S2 of the SE4 of 18--15-11) ExH I BIT I/511 ____. .....: ,mollIlaffa - -----'''''''.0.••••••0111I C --"'"I'----;r-"-'--'"'""- —"'' ....--" .----"."-'------181-------. "''''"3"7"'"-----."'" --"_7.- • --.„. 11111111111 .21121==.11111111110Mft'l=" === ==i-11"..- 4.mmo '11.111111111111111111111.1iii-III, wmaar,r1011.11111--. .---q, II --- ....._ --.10111!IiI I I ' s c ----C-- ----1-\.: -..--..'"---.....' 1 1 1 1 E)(HIBIT „4„ 1 gth of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and o long chord bearing South 12'08'18" East for 56.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Contoining 601,119 square feet or 13.800 acres. EXHIBIT II I 11 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 page 26 Date August 23, 2005 DrrnBy MJW Job Number 96082.03-400 .:4--,., J it �-, x. eg oII Oz°lsso� , c. www.LRA-INC.COM ,��.. gym., .A� .�,� � �; .+: ;xmx [.r.ra .rxry,�..,aq,+., '{, ' raa+m-..,. ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; ti s Y i REGISTER OF DEEDS USE DEED WITH RESERVED EASEMENTS DAM SITE 13 For and in consideration of one dollar and other good and valuable consideration, received from the CITY OF OMAHA, NEBRASKA (hereinafter referred to as "the CITY"), the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT (hereinafter referred to as "the NRD") does hereby grant and convey to the CITY the parcels of land comprising right of way and associated lands acquired for the NRD'S Dam Site 13 flood control project dam (hereinafter referred to as "the DAM") and reservoir (hereinafter referred to as "the RESERVOIR") in Douglas County, Nebraska, such parcels of land (hereinafter referred to as "the CONVEYED LANDS") being described as follows, to-wit: a) Outlot 1 and Outlot 2 in ELK RIDGE, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska; and, b) The parcels of land referred to as "Parcel "2" and "Parcel 3" in the written legal description attached hereto as Exhibit "1" and incorporated herein by reference; and, pwg71126wd I EXHIBIT"B" feet) for an arc length of 115.57 feet; Thence South 57°57'45" East for 43.36 feet; Thence along a curve to the right (having a radius of 450.51 feet and a long chord bearing South 20°18'31" East for 80.31 feet) for an arc length of 80.42 feet; Thence along a curve to the right (having a radius of 131.30 feet and a long chord bearing South 04°07'20"West for 90.24 feet) for an arc length of 92.12 feet; Thence along a curve to the right (having a radius of 96.76 feet and a long chord bearing South 45°04'46"West for 78.61 feet) for an arc length of 80.95 feet; Thence along a curve to the right (having a radius of 175.61 feet and a long chord bearing South 80°15'21"West for 56.53 feet) for an arc length of 56.78 feet; Thence along a curve to the right (having a radius of 400.96 feet and a long chord bearing North 85°12'10"West for 71.94 feet) for an arc length of 72.03 feet; Thence along a curve to the right (having a radius of 260.14 feet and a long chord bearing North 58°52'29"West for 183.77 feet) for an arc length of 187.82 feet to the Point of Beginning. Contains 1.132 acre. April 6,2007 LAMP,RYNEARSON&ASSOCIATES,INC. L:\96082\text\9682PNRD-Igl.doc (wetlands mitigation in S2 of the SE4 of 18--15-11) ExH I BIT I/511 ____. .....: ,mollIlaffa - -----'''''''.0.••••••0111I C --"'"I'----;r-"-'--'"'""- —"'' ....--" .----"."-'------181-------. "''''"3"7"'"-----."'" --"_7.- • --.„. 11111111111 .21121==.11111111110Mft'l=" === ==i-11"..- 4.mmo '11.111111111111111111111.1iii-III, wmaar,r1011.11111--. .---q, II --- ....._ --.10111!IiI I I ' s c ----C-- ----1-\.: -..--..'"---.....' 1 1 1 1 E)(HIBIT „4„ 1 gth of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and o long chord bearing South 12'08'18" East for 56.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Contoining 601,119 square feet or 13.800 acres. EXHIBIT II I 11 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 page 26 Date August 23, 2005 DrrnBy MJW Job Number 96082.03-400 .:4--,., J it �-, x. eg oII Oz°lsso� , c. www.LRA-INC.COM ,��.. gym., .A� .�,� � �; .+: ;xmx [.r.ra .rxry,�..,aq,+., '{, ' raa+m-..,. ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; c) The parcel of land described in the written legal description attached hereto as Exhibit "2" and incorporated herein by reference. First Reservation Reserving and preserving unto the NRD and its successors and assigns, the following permanent rights in and to the CONVEYED LANDS, to-wit: (1) The exclusive right to construct, operate, maintain, repair, replace, and regulate the DAM, including an embankment, auxiliary spillway, principle spillway and outlet channel, in the CONVEYED LANDS, (2) The right to have unrestricted use and access over and across the CONVEYED LANDS by any route or means and for any purpose; and, (3) The right to flow waters and sediment upon, and inundate, all those portions of the CONVEYED LANDS within the watershed of the DAM having a ground surface elevation lower than the top of the DAM; and, (4) The right to enforce the following permanent restrictions within portions of the CONVEYED LANDS, to-wit: (a) REGULATORY POOL STRUCTURE RESTRICTION. The CITY shall not construct, maintain or permit structures, fixtures or other improvements, other than recreational trail improvements,jetties, lighting, landscaping, boat ramps and boat docking facilities and signage, in any portions of the CONVEYED LANDS lying within the watershed of the DAM and having a ground surface elevation lower than 1,174.o feet above mean sea level, referenced to the National Geodetic Vertical Datum of 1929 (hereinafter referred to as "NGVD"). (b) REGULATORY POOL EXCAVATION AND FILL RESTRICTION. The CITY shall not fill, nor permit filling of, any areas of the CONVEYED LANDS lying within the watershed of the DAM and having a ground surface elevation lower than 1,174.0 feet above mean sea level, pwg71126wd 2 EXHIBIT"B" f 56.78 feet; Thence along a curve to the right (having a radius of 400.96 feet and a long chord bearing North 85°12'10"West for 71.94 feet) for an arc length of 72.03 feet; Thence along a curve to the right (having a radius of 260.14 feet and a long chord bearing North 58°52'29"West for 183.77 feet) for an arc length of 187.82 feet to the Point of Beginning. Contains 1.132 acre. April 6,2007 LAMP,RYNEARSON&ASSOCIATES,INC. L:\96082\text\9682PNRD-Igl.doc (wetlands mitigation in S2 of the SE4 of 18--15-11) ExH I BIT I/511 ____. .....: ,mollIlaffa - -----'''''''.0.••••••0111I C --"'"I'----;r-"-'--'"'""- —"'' ....--" .----"."-'------181-------. "''''"3"7"'"-----."'" --"_7.- • --.„. 11111111111 .21121==.11111111110Mft'l=" === ==i-11"..- 4.mmo '11.111111111111111111111.1iii-III, wmaar,r1011.11111--. .---q, II --- ....._ --.10111!IiI I I ' s c ----C-- ----1-\.: -..--..'"---.....' 1 1 1 1 E)(HIBIT „4„ 1 gth of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and o long chord bearing South 12'08'18" East for 56.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Contoining 601,119 square feet or 13.800 acres. EXHIBIT II I 11 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 page 26 Date August 23, 2005 DrrnBy MJW Job Number 96082.03-400 .:4--,., J it �-, x. eg oII Oz°lsso� , c. www.LRA-INC.COM ,��.. gym., .A� .�,� � �; .+: ;xmx [.r.ra .rxry,�..,aq,+., '{, ' raa+m-..,. ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; • NGVD, without balancing such placement with a permanent borrowing and removal of an equivalent amount of earth fill from such areas, and without the prior written approval of the NRD of the plans for such activities, such approval to not be withheld or delayed unreasonably. (c) MAXIMUM POOL EXCAVATION AND FILL RESTRICTION. The CITY shall not fill, nor permit filling of, any areas of the CONVEYED LANDS lying within the watershed of the DAM having a ground surface elevation higher than 1,174.0 feet above mean sea level, NGVD, and lower than 1,180.0 feet above mean sea level, NGVD, without balancing such placement with a permanent borrowing and removal of an equivalent amount of earth fill from such areas, and without the prior written approval of the NRD of the plans for such activities, such approval to not be withheld or delayed unreasonably. Second Reservation Reserving, additionally, and preserving unto the NRD and its successors and assigns the permanent rights to enter portions of the CONVEYED LANDS hereinafter described, and use such portions, respectively, to construct, install, operate, maintain, repair and replace replacement trees, replacement channels, replacement wetlands, and replacement riparian channel buffer strips, in order to mitigate for the trees, channels, wetlands and riparian buffer strips lost as a result of the NRD'S construction of the DAM and the RESERVOIR, to-wit: (1) The portion(s) of the CONVEYED LANDS that shall be subject to the NRD'S right of use for replacement trees are depicted in the diagram attached hereto as Exhibit "3" and incorporated herein by reference. (2) The portion(s) of the CONVEYED LANDS that shall be subject to the NRD'S right of use for replacement channels are described in the legal descriptions attached hereto collectively as Exhibit "4" and incorporated herein by reference. pwg7>>26wd 3 EXHIBIT"B" ring North 85°12'10"West for 71.94 feet) for an arc length of 72.03 feet; Thence along a curve to the right (having a radius of 260.14 feet and a long chord bearing North 58°52'29"West for 183.77 feet) for an arc length of 187.82 feet to the Point of Beginning. Contains 1.132 acre. April 6,2007 LAMP,RYNEARSON&ASSOCIATES,INC. L:\96082\text\9682PNRD-Igl.doc (wetlands mitigation in S2 of the SE4 of 18--15-11) ExH I BIT I/511 ____. .....: ,mollIlaffa - -----'''''''.0.••••••0111I C --"'"I'----;r-"-'--'"'""- —"'' ....--" .----"."-'------181-------. "''''"3"7"'"-----."'" --"_7.- • --.„. 11111111111 .21121==.11111111110Mft'l=" === ==i-11"..- 4.mmo '11.111111111111111111111.1iii-III, wmaar,r1011.11111--. .---q, II --- ....._ --.10111!IiI I I ' s c ----C-- ----1-\.: -..--..'"---.....' 1 1 1 1 E)(HIBIT „4„ 1 gth of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and o long chord bearing South 12'08'18" East for 56.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Contoining 601,119 square feet or 13.800 acres. EXHIBIT II I 11 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 page 26 Date August 23, 2005 DrrnBy MJW Job Number 96082.03-400 .:4--,., J it �-, x. eg oII Oz°lsso� , c. www.LRA-INC.COM ,��.. gym., .A� .�,� � �; .+: ;xmx [.r.ra .rxry,�..,aq,+., '{, ' raa+m-..,. ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; a ' ` (3) The portion(s) of the CONVEYED LANDS that shall be subject to the NRD'S right of use for replacement wetlands are described in the legal description attached hereto as Exhibit "5" and incorporated herein by reference. (4) The portion(s) of the CONVEYED LANDS that shall be subject to the NRD'S right of use for replacement riparian channel buffer is the irregular corridor of land, 10o feet in width, abutting and lying beyond the waterline of the normal pool of the RESERVOIR at 1,165 feet above mean sea level, NGVD, excepting the portion(s) of such corridor occupied by the DAM and by CITY- constructed fishing jetties, boat ramp and associated parking lot, and excepting the portion(s) of the outer 50 feet of such 10o foot wide corridor occupied by a CITY-constructed paved public bicycle and pedestrian trail, not more than ten feet in width. (5) Except as otherwise provided above, all the above-stated portion(s) of the CONVEYED LANDS also shall be subject to the following permanent conditions and restrictions that shall run with the CONVEYED LANDS and be binding upon and enforceable by the parties and their successors and assigns, to- wit: a) There shall be no construction or placement of structures or mobile homes, fences, signs, billboards or other advertising material, or other structures, whether temporary or permanent, on such portions of the CONVEYED LANDS; b) There shall be no filling, draining, excavating, dredging, mining, drilling or removal of topsoil, loam, peat, sand, gravel, rock, minerals or other materials on such portions of the CONVEYED LANDS; c) There shall be no building of roads or paths for vehicular or pedestrian travel or any change in the topography of such portions of the CONVEYED LANDS; pwg7l 126wd 4 EXHIBIT"B" herein by reference. pwg7>>26wd 3 EXHIBIT"B" ring North 85°12'10"West for 71.94 feet) for an arc length of 72.03 feet; Thence along a curve to the right (having a radius of 260.14 feet and a long chord bearing North 58°52'29"West for 183.77 feet) for an arc length of 187.82 feet to the Point of Beginning. Contains 1.132 acre. April 6,2007 LAMP,RYNEARSON&ASSOCIATES,INC. L:\96082\text\9682PNRD-Igl.doc (wetlands mitigation in S2 of the SE4 of 18--15-11) ExH I BIT I/511 ____. .....: ,mollIlaffa - -----'''''''.0.••••••0111I C --"'"I'----;r-"-'--'"'""- —"'' ....--" .----"."-'------181-------. "''''"3"7"'"-----."'" --"_7.- • --.„. 11111111111 .21121==.11111111110Mft'l=" === ==i-11"..- 4.mmo '11.111111111111111111111.1iii-III, wmaar,r1011.11111--. .---q, II --- ....._ --.10111!IiI I I ' s c ----C-- ----1-\.: -..--..'"---.....' 1 1 1 1 E)(HIBIT „4„ 1 gth of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and o long chord bearing South 12'08'18" East for 56.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Contoining 601,119 square feet or 13.800 acres. EXHIBIT II I 11 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 page 26 Date August 23, 2005 DrrnBy MJW Job Number 96082.03-400 .:4--,., J it �-, x. eg oII Oz°lsso� , c. www.LRA-INC.COM ,��.. gym., .A� .�,� � �; .+: ;xmx [.r.ra .rxry,�..,aq,+., '{, ' raa+m-..,. ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; • d) There shall be no removal, destruction, or cutting of trees or plants, spraying with biocides, insecticides, or pesticides, grazing of animals, farming, tilling of soil, or other agricultural activity; however, maintenance activities are acceptable upon approval by the District Engineer of the Omaha District of the U.S. Army Corps of Engineers; e) There shall be no operation of all-terrain vehicles or any other type of motorized vehicle such portions of the CONVEYED LANDS; f) These restrictions may be changed, modified or revoked only with the written approval of the District Engineer of the Omaha District of the U.S. Army Corps of Engineers and, to be effective, such approval must be witnessed, authenticated, and recorded pursuant to the law of the State of Nebraska; and, g) Prior to the NRD entering the CONVEYED LANDS to construct, install, operate, maintain, repair or replace any trees, riparian buffer strips and channel and wetland mitigation measures, the plans for P g such measures shall be submitted to the CITY for its approval, such approval to not be withheld if inconsistent with the reservations in this Deed, or delayed unreasonably. Such measures may include relocation and/or mitigation of impacts to the existing mitigation measures that comprise the Wetlands Mitigation Area and Buffer Zone declared in the Declaration of Wetlands Mitigation Restrictions recorded on February 18, 2005 as Instrument No. 2005019086 of the Miscellaneous Records of the Register of Deeds of Douglas County, Nebraska, that the NRD has agreed to construct, install, operate, maintain, repair and replace in conjunction with the trees, buffer strips and channel and wetlands mitigation measures that the NRD will be required to construct, install, operate maintain, repair and replace to compensate for trees, buffer strips, channels and wetlands that pwg71126wd 5 EXHIBIT"B" ong a curve to the right (having a radius of 260.14 feet and a long chord bearing North 58°52'29"West for 183.77 feet) for an arc length of 187.82 feet to the Point of Beginning. Contains 1.132 acre. April 6,2007 LAMP,RYNEARSON&ASSOCIATES,INC. L:\96082\text\9682PNRD-Igl.doc (wetlands mitigation in S2 of the SE4 of 18--15-11) ExH I BIT I/511 ____. .....: ,mollIlaffa - -----'''''''.0.••••••0111I C --"'"I'----;r-"-'--'"'""- —"'' ....--" .----"."-'------181-------. "''''"3"7"'"-----."'" --"_7.- • --.„. 11111111111 .21121==.11111111110Mft'l=" === ==i-11"..- 4.mmo '11.111111111111111111111.1iii-III, wmaar,r1011.11111--. .---q, II --- ....._ --.10111!IiI I I ' s c ----C-- ----1-\.: -..--..'"---.....' 1 1 1 1 E)(HIBIT „4„ 1 gth of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and o long chord bearing South 12'08'18" East for 56.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Contoining 601,119 square feet or 13.800 acres. EXHIBIT II I 11 SHEET 2 OF 2 96082\dwg\9682PNRD-bndrev-cert.dwg Book 96082 #2 page 26 Date August 23, 2005 DrrnBy MJW Job Number 96082.03-400 .:4--,., J it �-, x. eg oII Oz°lsso� , c. www.LRA-INC.COM ,��.. gym., .A� .�,� � �; .+: ;xmx [.r.ra .rxry,�..,aq,+., '{, ' raa+m-..,. ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; will be lost as a result of the NRD'S construction of the DAM and RESERVOIR. Dated this day of , 2007. PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT By JOHN WINKLER General Manager STATE OF NEBRASKA ) ) SS. COUNTY OF SARPY ) On this day of , 2007, before me, a Notary Public, personally came the above named JOHN WINKLER, General Manager of the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, and he acknowledged the execution of the above deed as his voluntary act and deed and the voluntary act and deed of the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT. WITNESS my hand and Notarial Seal on the date last aforesaid. Notary Public pwg71126wd 6 EXHIBIT"B" aard, iPres fie t Eric D. Kjeldgaard, P ent e. EXHIBIT "1" LEGAL DESCRIPTION PARCEL 1 Lots 113 through 120, inclusive, and dedicated Elk Ridge Drive in ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska, described as follows: Beginning at the northwest corner of said Lot 113; Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 350.00 feet along the north line of said Lots 113 and 120 to the northeast corner of said Lot 120; Thence along the east and south lines of sold Lots 116 through 120, inclusive, for the following three (3) courses: (1) Thence South 03'00'42" East for 295.57 feet; (2) Thence along a curve to the right (having a radius of 275.00 feet and a long chord bearing South 41'57'34" West for 388.71 feet) for an arc length of 431.69 feet; (3) Thence South 86'55'50" West for 39.30 feet to the southwest corner of said Lot 116; Thence North 03'06'37" West for 150.00 feet along the west line of said Lot 116 to the northwest corner thereof and the south right of way line of Elk Ridge Drive; Thence South 86'55'50" West for 35.00 feet along said south right of way line to the northeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, os surveyed, platted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 420.03 feet along the east line of ELKHORN RIDGE ESTATES to the Point of Beginning. Contains 177,836 square or 4.083 acres. PARCEL 2 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North. Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Beginning at the northeast corner of Lot 120, ELK RIDGE. a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska; Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 34'18'19" West for 832.51 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, plotted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the east line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhom Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of said Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; LEGAL DESCRIPTION (PONDING EASEMENT) That part of the South Half of the Southwest Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the northeast corner of said South Half of the Southwest Quarter of Section 18; Thence South 03°02'57" East (bearings referenced to the Nebraska State Plane System NAD88) for 45.69 feet along the east line of said South Half of the Southwest Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence South 03°02'57" East for 1034.49 feet continuing along said east line to the north right of way line of Nebraska State Highway 6; Thence North 41°21'29" West for 89.71 feet; Thence North 46°24'59" West for 89.19 feet; Thence North 06°08'31" East for 72.37 feet; Thence North 65°46'39" West for 42.87 feet; Thence South 22°06'01" West for 112.46 feet; Thence South 03°40'24" East for 143.69 feet to the north right of way line of Nebraska State Highway 6; Thence South 86°56'14" West for 140.38 feet continuing along the said north right of way line of Nebraska State Highway 6; Thence South 86°56'12" West for 430.72 feet continuing along the said north right of way line of Nebraska State Highway 6; Thence North 57°07'19" East for 201.23 feet; Thence North 44°54'37" East for 114.45 feet; Thence North 31°56'07" East for 151.65 feet; Thence North 60°13'23" East for 159.73 feet; Thence North 42°20'13" East for 123.87 feet; Thence North 04°31'23" East for 102.16 feet; Thence North 13°57'37" East for 85.66 feet; Thence North 07°15'25" West for 174.98 feet Thence North 18°34'54" East for 105.13 feet; Thence North 37°35'40" East for 182.60 feet to the POINT OF BEGINNING. Contains 262,767 square feet or 6.032 acres January 4,2006 LAMP, RYNEARSON &ASSOCIATES, INC. 96082.03-421 L:/96082/text/9682PNRD-IgIs-REV,doc(PNRD pond easement Metro Community College revised) EXHIBIT "2 " EXHI 'IT "2" utheast Quarter of Section 18; Thence South 86'54'09" West for 469.99 feet along said south line to the southwest corner thereof and the southeast corner of Lot 12, ELKHORN RIDGE ESTATES, a subdivision, as surveyed, plotted and recorded in Douglas County, Nebraska; Thence North 03'06'37" West for 241.06 feet along the east line of said Lot 12 to the northeast corner thereof and south right of way line of Elkhom Ridge Drive; Thence North 86'55'50" East for 35.00 feet along said south right of way line to the northwest corner of Lot 116, ELK RIDGE; Thence South 03'06'37" East for 150.00 feet along west line of said Lot 116 to the southwest corner thereof; Thence along the south and east lines of Lots 116 through 120, inclusive, ELK RIDGE for the following three (3) courses: 1) Thence North 86'55'50" East for 39.30 feet; 2) Thence along a curve to the left (having a radius of 275.00 feet and a long chord bearing North 41'57'34" East for 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; TREE _ I ........._REPLACEMENT , DIAGRAM , rel. ____ _14 _i k o _ ilf Jc› 11 , __ •_ _ 7, ..„ '\ -_... -91 ,.wit .... i-----.... 417/ All ,.. .1. , <-VA . A 9 Tree Replacement Area and • ---kk ,,-, 44,,:k,,p, • ,,,', i4,--.4-i4, 100' Riparian Corridor • r, , i I‘F1 l\ i , r / , ti%,\I . i / , ' v . . • • • • ilewoo ' ' i iV , / . 'i b..'. 2 1. WED .1,0".--=•.-----40... " frailiKeilr 114 7 h k 1 ii - / Ail-.., •-.7.:ff Ibi - , ...._._. -- kil • 1011411 Ili 11' , , jrj Ilia gillEf , 1 - AO 1 ___ -r-.•-4-1 - - -----_-------.11\1 IF= --- - -- - - ---z._•---,--- -14 11 I'a iii g 1 ra I I I 1 4 i.""- I I I I Iri I 111 \1't :' --- ( ---— -: alf*"14) it 11 ogralre cz, -, - .,14a\ \ • . 47-44-' 1 i \ ii: vco. ill I ga ri-N4, -, a ri 1 k Iri.b4t1Ril P'i.. 41-- ' " 1 1111 111 17 litili °AM.' .4. midi • r it, _____„:, --44-vickcji 1 'pi .,•'?v- ---) ''. • i 1 ,\ 7..2 .,, 1 ' -.• ,\\,,, ,-: 0 , iii' „...... ..., - . Lill , '' , .,',;;Ill'ar --" 1-1 \\I---,,,-111\-) E.C.'s . • --'d ' .1.1154''• '11" , Aillirow 19 i..../- - ,4411 Ai.- sh. ...:„..,---:,Th, 1k 22„,,,:•,..—..,,,,,....,-....„.„.,,,,, , , . • , (), , i' 1 i \ \\I , \ II , ' • • .. Q. ,,,,, , ',.., s--cic4- , ,,-;.; 7 1 . i . . II il • .1i ,,,:,, i. , 7 i • _ . I' • . /r' 11 410 II 4 N ITIFNN' s • ,*(f"."‘ i't\,‘ , ---, :: ....a...4'----- '....1111111 Wil......'... ''''''"''-'"‘...---- ."41.111111111.11 -11.--- --all'"•°".n..11°. 1. .Pjul"-Iall ----- 0.... .. __Th -"'"'-2:—MIININN"IllIl":.-'""'n'iriI.711"lg.I....Illirlg.":=''S-JilliaillIlldilligillgillr--mr-rl'." ' Ir.; ..''.olIllMINr'''''" ----- IIIIIMIIIIIIIIIE., 11111- - 1 1 \- ------- .-- -- 1 EXHIBIT 113 ., r 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; LEGAL DESCRIPTION • Two permanent easements in favor of the U.S. Corps of Engineers for a buffer easement over that part of Outlot 2, ELK RIDGE, a subdivision, as surveyed, plotted and recorded in Douglas County, Nebraska, described as follows: (SEE ATTACHED SHEET FOR COMPLETE LEGAL DESCRIPTIONS. Ili S42'40 2"E W v 43.3 1 (f) V rn �1o) I 0z _ ' I 0 NBB'15'S7"E 1 186.sfi T r) I o 1 I " J 1 ' 1 to o ( m 0 m MILD. i••310 I a I •� Nlp alp 1 I z 1 1 , I 1 ' ( m 1 II i ''''''�� r) V— I, 1 VI , 1 \y 1 Z .ate• 2.�56 ACRS I a\'r, 1 I 4 'cm., i1 \`\ 33 ^ 1 \ I j \ 1 m \ `z. I1 \` O �W 1 ti) \ 1 1 j� yU 1 iliW 1, O a) Itk7 I O;l I 3• 1 N ", I 01� 1 P 1 ? y 1.iiii1 9 11 1 m 1 I 1 O I 1 1 n I I OUTLOT 2 ', 1 I \\2 ('� 1 ll V v 1 1 I AO 1 I • i r\N, ��W I 1 1 1 1 I I 1\ 1 1 I I 1 I , IL _— ZI I co a21 , II co,...), I I 1 02 N i I I I 1 NO2'07.04'W� 30.73' ZI I 01 1 1 N ql ( i POINT OF BEGINNING I °J 1 I -81 � L_— S87'56'47-5 125.06' zo 0 �i N CT \ Na 0 50 100 200 N , I ' EXHIBIT CHAMFER FOR STREET DEDICATION <lb POINT OF COMMENCEMENT _0 Sl' 55.85,' dawn bye MJW awl r' RDP job numbers,96082.03 J lL Lamp,RyaiearsDn$A ssoiates,.I c.15 \v\�\v.l.ltaa tic cow I. - 1471(1 West Dodge Road,ScIIte"1(K)' (Ph) 102.196.2498 deep APRIL 6, 2007 Omaha,Nebraska 681�4-2(IL7 (Pax) 102.496.2730 boob peer 1H n.n,.,9682EAS—PNRD.dwg J :.-'""'n'iriI.711"lg.I....Illirlg.":=''S-JilliaillIlldilligillgillr--mr-rl'." ' Ir.; ..''.olIllMINr'''''" ----- IIIIIMIIIIIIIIIE., 11111- - 1 1 \- ------- .-- -- 1 EXHIBIT 113 ., r 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; LEGAL DESCRIPTION A permanent easement in favor of the U.S. Corps of Engineers for a buffer easement over that part of Outlot 2, ELK RIDGE, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska, described as follows: Commencing at the north end of the chamfer at the southeast corner of said Outlot 2; Thence North 02°56'54" West (bearings referenced to the Final Plat of ELK RIDGE) for 152.92 feet along the east line of said Outlot 2 to the TRUE POINT OF BEGINNING; Thence South 87°56'47" West for 125.06 feet; Thence North 00°16'10" West for 52.21 feet; Thence North 02°07'04" West for 30.73 feet; Thence North 06°24'02" West for 88.78 feet; Thence North 13°22'23" West for 177.26 feet; Thence North 13°37'46" West for 110.56 feet; Thence North 21°45'15" West for 132.66 feet; Thence North 09°59'04" West for 138.20 feet; Thence North 88°15'57" East for 186.66 feet; Thence North 13°00'23" East for 91.75 feet; Thence South 42°40'52" East for 43.37 feet to the east line of said Outlot 2; Thence South 02°56'54" East for 771.32 feet along said east line to the Point of Beginning. Contains 2.858 acres. April 6,2007 LAMP, RYNEARSON&ASSOCIATES, INC. L:\96082\text\9682PNRD-Igl.doc (Buffer Easement OL 2) EXHIBIT „ "" I 1 1 n I I OUTLOT 2 ', 1 I \\2 ('� 1 ll V v 1 1 I AO 1 I • i r\N, ��W I 1 1 1 1 I I 1\ 1 1 I I 1 I , IL _— ZI I co a21 , II co,...), I I 1 02 N i I I I 1 NO2'07.04'W� 30.73' ZI I 01 1 1 N ql ( i POINT OF BEGINNING I °J 1 I -81 � L_— S87'56'47-5 125.06' zo 0 �i N CT \ Na 0 50 100 200 N , I ' EXHIBIT CHAMFER FOR STREET DEDICATION <lb POINT OF COMMENCEMENT _0 Sl' 55.85,' dawn bye MJW awl r' RDP job numbers,96082.03 J lL Lamp,RyaiearsDn$A ssoiates,.I c.15 \v\�\v.l.ltaa tic cow I. - 1471(1 West Dodge Road,ScIIte"1(K)' (Ph) 102.196.2498 deep APRIL 6, 2007 Omaha,Nebraska 681�4-2(IL7 (Pax) 102.496.2730 boob peer 1H n.n,.,9682EAS—PNRD.dwg J :.-'""'n'iriI.711"lg.I....Illirlg.":=''S-JilliaillIlldilligillgillr--mr-rl'." ' Ir.; ..''.olIllMINr'''''" ----- IIIIIMIIIIIIIIIE., 11111- - 1 1 \- ------- .-- -- 1 EXHIBIT 113 ., r 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; ., • EXHIBIT _ LEGAL DESCRIP11ON Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Commencing at the southeast corner of the said South Half of North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West (bearings referenced to the Nebraska State Plane System NAD88) for 847.16 feet along the south line of the said South Half of the North Half of Section 18; Thence South 86'54'09" West for 95.26 feet continuing along said south line; Thence North 05'55'01" West for 33.68 feet; Thence North 22'46'44" West for 59.19 feet; Thence North 30'16'22" West for 40.43 feet; Thence North 25'38'11" West for 82.84 feet; Thence North 38'53'39" West for 74.52 feet to the TRUE POINT OF BEGINNING; Thence North 32'42'49" West for 60.33 feet; Thence North 68'05'46" East for 82.84 feet; Thence South 17'57'40" East for 54.89; Thence South 64'14'59" West for 67.91 feet TO THE POINT OF BEGINNING. Contains 4299 square feet or 0.099 acres. S0 0 50 100 S 1 /2, N ;//2 SOUTHEAST QUARTER SECTION 18, T15N , R1 1 E Conservation Easement 4299 S0. FT. 0.099 ACRESg2�� •1 P05E'�WeST ,i y 1G p s,rst,- /Paint of �.P Lot 1 Beginning \ i NA . \ Lot 2 � 6,fr. I tls- \ \ 1;.� ` ` fil W 847.16' \ t" �0t 95.26' — S 86'54'09' W SE Cor. S 1/2, N 1 2, SE — _ — — — — S8654'0g"W 1/4, Sec. 16, T15N, R11E — — Point of Commencm t L:\ENGINEERING\96082\DWG\9682PNRDEASEXH2 Book Page Date Oct. 27, 2005 DeaBy MJW Job Nullber 96082.03-421 J 4_!_•.,Lam_Telfteakertli§Pisq:94;regsla.. www.LRA-INC.COM ...� - �710)�odg R d,Suite 1'OD (Ph) 402.496.2498 Omaha,Nebraska 68154.2027 ' g i 1" (Fax) 402.496.2730 zo 0 �i N CT \ Na 0 50 100 200 N , I ' EXHIBIT CHAMFER FOR STREET DEDICATION <lb POINT OF COMMENCEMENT _0 Sl' 55.85,' dawn bye MJW awl r' RDP job numbers,96082.03 J lL Lamp,RyaiearsDn$A ssoiates,.I c.15 \v\�\v.l.ltaa tic cow I. - 1471(1 West Dodge Road,ScIIte"1(K)' (Ph) 102.196.2498 deep APRIL 6, 2007 Omaha,Nebraska 681�4-2(IL7 (Pax) 102.496.2730 boob peer 1H n.n,.,9682EAS—PNRD.dwg J :.-'""'n'iriI.711"lg.I....Illirlg.":=''S-JilliaillIlldilligillgillr--mr-rl'." ' Ir.; ..''.olIllMINr'''''" ----- IIIIIMIIIIIIIIIE., 11111- - 1 1 \- ------- .-- -- 1 EXHIBIT 113 ., r 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; . r y e ,!i,' S:\0209245\L00-0209245\Swver\EO$*menu\0209245CASEYENT5.0.9 . L • OCC-22-2003 04:0930 e.m NORTH LINE NE CORNER S1/2 NE1/4 SET/ POINT OF S1/2 NE1/4 SEI/ BEGINNING SEC. 1Q T75N, R11E N 89'0104" E 157.55� _ S 89'01901.35' • ' ' S 00'29'O8' W N 002929.71 -'EXISTING�WATERWAI: ��.� 28.05' L=42.76' ' • R=401.O.s' .'.'.ie2b04.sQ_'r{T:._"i._- --o6tii.Zs. • -. - 0:42.A RES C LEN=12.14' 1=103.34' -. . ....44.4( • - BRG=S 07D228"E R=S58.53' '•'•••' • •• • • L=19 J0" p=1 05" - • R=1S43' C N=7 `'2 _ 9RO-N-o8:3E27 .w - -. - 3 . c LOv.'18 7 3 _ _ •- - i BRG=S 2f4832' W . . - . - N c=26.81' P R=1S.00' p=1022.3'16 T C LEN=23.19' N BRG=N 6S7)8'07" W • t r D D , D • J E • 0 30' 60' 120' D 1 • A TRACT FOR WETLAND EASEMENT PURPOSES LOCATED IN THE S1/2 NE1/4 SE1,'4 OF SECTION 18. T1SN, RI IE OF THE 6TH,P M.. DOUCL4S.COUNTY, NEBRASKA. BEING MORE PARTICULARLY DESCRIBED AS Fi7LLOWS REFERRING TO THE NORTHEAST CORNER OF SAID S1/2 NE1/4 SE1/4: THENCE S 8910104 W (ASSUMED BFARINC). 901.35 FT. ON THE NORTH LINE OF SAID S1/2 NE1/4 SE1/4 70 THE POINT OF BEGINNING; THENCE S 00'29 08" W. 28.0S FT: THENCE SOUTHERLY ON A 401.03 Fl. RADIOS' CURVE 1D THE LEFT, 42.16 FT. (LONG CHORD BEARS S 07'0226"5: 42.14 FT.); THENCF SOUTHWtSItMT ON A 15.00 FT.. RADIUS CURVE TO THE RIGHT. 19.10 FT: (LONG CHORD DEARS S 26'48:12' 1Y. 18.00 FT.); THENCE S 6J'40'15' W. 131.52 FT.: THENCE NORTHWESTERLY ON A 15.00 FT_ RADIUS CURVE rO THE RIGHT. 26..91 F7 (LONG CHORD BEARS N 65'08'07" W, 2138 FT.); THENCE NORT7ERLY ON.A 558.5.1 FT. RADIUS CURVC: TO THE RIGHT, 103.34 F7. (LONG CHORD BEARS N 08'3827- W, 103.20 Fr); THENCE N OO'29'08" E 29.7i FT; TO THE NORTH UNE OF SAID S1/2 NE1/4 SE1/4; THENCE N 89'01'04. E I5'SS FT. OA(SAID NORTH LINE TO 171E POINT OF BEGINNING. CONTAINING 0.42 ACRES MORE OR LESS. _ ' ' i ExHit IT 115 0 • . 0... . • , 1 _____ .. _ i I wen.AND El1$EME1'1T I LMW/um, I'-' (C3 e141.410R• 7tlMeM0 RmO24006 est Dodge Road,ScIIte"1(K)' (Ph) 102.196.2498 deep APRIL 6, 2007 Omaha,Nebraska 681�4-2(IL7 (Pax) 102.496.2730 boob peer 1H n.n,.,9682EAS—PNRD.dwg J :.-'""'n'iriI.711"lg.I....Illirlg.":=''S-JilliaillIlldilligillgillr--mr-rl'." ' Ir.; ..''.olIllMINr'''''" ----- IIIIIMIIIIIIIIIE., 11111- - 1 1 \- ------- .-- -- 1 EXHIBIT 113 ., r 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; . REGISTER OF DEEDS USE J, .I i u 1 EASEMENTS DAM SITE 13 For and in consideration of one dollar and other good and valuable consideration, received from the Metropolitan Community College Area (hereinafter referred to as "METRO TECH"), the CITY OF OMAHA, NEBRASKA (hereinafter referred to as "the CITY"), does hereby grant to METRO TECH a certain permanent easement (hereinafter referred to as "this EASEMENT"), consisting of the right to use, for emergency-public_ingress and egress to and from METRO TECH'S Elkhorn campus property,. I 1. A corridor or parcel of land in Douglas County, Nebraska described in the legal description attached hereto as Exhibit "1" and incorporated herein by reference; and, 2. A corridor or parcel of land Douglas County, Nebraska described in the legal description attached hereto as Exhibit "2" and incorporated herein by reference. Said easement is granted subject to and on condition that none of the surface area of such parcels will be excavated lower than 1,170.0 feet above mean sea level (referenced to the National Geodetic Vertical Datum of 1929), none of such surface pwg71126ea I EXHIBIT "C" MORE PARTICULARLY DESCRIBED AS Fi7LLOWS REFERRING TO THE NORTHEAST CORNER OF SAID S1/2 NE1/4 SE1/4: THENCE S 8910104 W (ASSUMED BFARINC). 901.35 FT. ON THE NORTH LINE OF SAID S1/2 NE1/4 SE1/4 70 THE POINT OF BEGINNING; THENCE S 00'29 08" W. 28.0S FT: THENCE SOUTHERLY ON A 401.03 Fl. RADIOS' CURVE 1D THE LEFT, 42.16 FT. (LONG CHORD BEARS S 07'0226"5: 42.14 FT.); THENCF SOUTHWtSItMT ON A 15.00 FT.. RADIUS CURVE TO THE RIGHT. 19.10 FT: (LONG CHORD DEARS S 26'48:12' 1Y. 18.00 FT.); THENCE S 6J'40'15' W. 131.52 FT.: THENCE NORTHWESTERLY ON A 15.00 FT_ RADIUS CURVE rO THE RIGHT. 26..91 F7 (LONG CHORD BEARS N 65'08'07" W, 2138 FT.); THENCE NORT7ERLY ON.A 558.5.1 FT. RADIUS CURVC: TO THE RIGHT, 103.34 F7. (LONG CHORD BEARS N 08'3827- W, 103.20 Fr); THENCE N OO'29'08" E 29.7i FT; TO THE NORTH UNE OF SAID S1/2 NE1/4 SE1/4; THENCE N 89'01'04. E I5'SS FT. OA(SAID NORTH LINE TO 171E POINT OF BEGINNING. CONTAINING 0.42 ACRES MORE OR LESS. _ ' ' i ExHit IT 115 0 • . 0... . • , 1 _____ .. _ i I wen.AND El1$EME1'1T I LMW/um, I'-' (C3 e141.410R• 7tlMeM0 RmO24006 est Dodge Road,ScIIte"1(K)' (Ph) 102.196.2498 deep APRIL 6, 2007 Omaha,Nebraska 681�4-2(IL7 (Pax) 102.496.2730 boob peer 1H n.n,.,9682EAS—PNRD.dwg J :.-'""'n'iriI.711"lg.I....Illirlg.":=''S-JilliaillIlldilligillgillr--mr-rl'." ' Ir.; ..''.olIllMINr'''''" ----- IIIIIMIIIIIIIIIE., 11111- - 1 1 \- ------- .-- -- 1 EXHIBIT 113 ., r 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; S • area will be paved by METRO TECH, and such easement rights will be used only for emergency ingress and egress and not for regular ingress or egress to METRO TECH'S Elkhorn campus or for other use. Dated this /Q� day of L n Liar , 204 CITY OF OMAHA, NEBRASKA APPROVED AS ORM: r' By\n.%-a-c d ASSISTANT CITY ATTORNEY MAYOR STATE OF NEBRASKA ) ) SS. COUNTY OF On this /v day of , 200q, before me, a Notary Public, personally came Mayor of the CITY OF OMAHA, NEBRASKA to me personally own to be the identical person whose name is affixed to the above and foregoing instrument, and he/she acknowledged the same to be his/her voluntary act and deed and the voluntary act and deed of said City. WITNESS my hand and Notarial Seal the date last aforesaid. ti GENERAL NOTARY State of Nebraska � >1 ►'� v.�L Two BIODROQ 201 Nry Comm.FxP P Notary Public pwg71126ea 2 EXHIBIT "C" ent is granted subject to and on condition that none of the surface area of such parcels will be excavated lower than 1,170.0 feet above mean sea level (referenced to the National Geodetic Vertical Datum of 1929), none of such surface pwg71126ea I EXHIBIT "C" MORE PARTICULARLY DESCRIBED AS Fi7LLOWS REFERRING TO THE NORTHEAST CORNER OF SAID S1/2 NE1/4 SE1/4: THENCE S 8910104 W (ASSUMED BFARINC). 901.35 FT. ON THE NORTH LINE OF SAID S1/2 NE1/4 SE1/4 70 THE POINT OF BEGINNING; THENCE S 00'29 08" W. 28.0S FT: THENCE SOUTHERLY ON A 401.03 Fl. RADIOS' CURVE 1D THE LEFT, 42.16 FT. (LONG CHORD BEARS S 07'0226"5: 42.14 FT.); THENCF SOUTHWtSItMT ON A 15.00 FT.. RADIUS CURVE TO THE RIGHT. 19.10 FT: (LONG CHORD DEARS S 26'48:12' 1Y. 18.00 FT.); THENCE S 6J'40'15' W. 131.52 FT.: THENCE NORTHWESTERLY ON A 15.00 FT_ RADIUS CURVE rO THE RIGHT. 26..91 F7 (LONG CHORD BEARS N 65'08'07" W, 2138 FT.); THENCE NORT7ERLY ON.A 558.5.1 FT. RADIUS CURVC: TO THE RIGHT, 103.34 F7. (LONG CHORD BEARS N 08'3827- W, 103.20 Fr); THENCE N OO'29'08" E 29.7i FT; TO THE NORTH UNE OF SAID S1/2 NE1/4 SE1/4; THENCE N 89'01'04. E I5'SS FT. OA(SAID NORTH LINE TO 171E POINT OF BEGINNING. CONTAINING 0.42 ACRES MORE OR LESS. _ ' ' i ExHit IT 115 0 • . 0... . • , 1 _____ .. _ i I wen.AND El1$EME1'1T I LMW/um, I'-' (C3 e141.410R• 7tlMeM0 RmO24006 est Dodge Road,ScIIte"1(K)' (Ph) 102.196.2498 deep APRIL 6, 2007 Omaha,Nebraska 681�4-2(IL7 (Pax) 102.496.2730 boob peer 1H n.n,.,9682EAS—PNRD.dwg J :.-'""'n'iriI.711"lg.I....Illirlg.":=''S-JilliaillIlldilligillgillr--mr-rl'." ' Ir.; ..''.olIllMINr'''''" ----- IIIIIMIIIIIIIIIE., 11111- - 1 1 \- ------- .-- -- 1 EXHIBIT 113 ., r 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; • EASEMENT EXHIBIT 4( LEGAL DESCRIPTION That part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described as follows: Beginning at the southwest corner of the South Half of the North Half of the Southeast Quarter of Section 18, monumented with a 3/4" open top pipe; Thence North 03'06'37" West (bearings referenced to the Final Plat of ELK RIDGE) for 241.06 feet along the west line of the said South Half of the North Half of the Southeast Quarter of Section 18 to the south right of way line of Elk Ridge Drive as dedicated in ELK RIDGE; Thence North 86'54'36" East for 35.00 feet along said right of way line to the northwest corner of Lot 13, ELK RIDGE REPLAT 2, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska; Thence South 03'06'37" East for 241.06 feet along the extended west line of said Lot 13 to the said south line of South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 35.00 feet to the Point of Beginning. Contains 8,437 square feet. 115 • ELK RIDGE 11 w Q N86'54.36"E Elk Ridge Drive rt, w 35.00 Q\ o EE F\. 12 z 0 13 o z = 0 NW I - J {' O �O 50 0 5010 w 12 rn rn o cn f �� ,R - Iti, Q�P LEGEND S��S\ -'S` P PROPERTY LINE SW Cor. S 1/2, S SECTION CORNER 1/2, SE 1/4, .ec. 18, T15N, R11E • CORNERS FOUND (5/8" Point of ,• g86'54'09"W REBAR WITH 1 1/4", Beginning 35.00� YELLOW PLASTIC CAP STAMPED LS #379) iv UNLESS NOTED co cp o SOUTHWEST QUARTER SOUTHEAST QUARTER Dodge Street Public Right of Way Varies hi I ll ArSW Cor., SE 1/4 EXHIBli SEC. 18, T15N, R11E 96082\dwg\96B2PNRDEASEXH4\shtl.dwg Book 96082 #2 Page 26 Date April 20, 2004 Dwo By JLK Job Number 96082.03-400 Is 1 ,.. ,d ift j L Lamp, yneiarson i A FssolCl tes, Inc. WWW.LRA-INC.COM YgVTI- f 1471'0 Rest Dodge Road, Suite 100 ` > (Ph) 402.496.2498 Omaha,Nebraska 68154-2027 (Fax) 402.496.2730 _____ .. _ i I wen.AND El1$EME1'1T I LMW/um, I'-' (C3 e141.410R• 7tlMeM0 RmO24006 est Dodge Road,ScIIte"1(K)' (Ph) 102.196.2498 deep APRIL 6, 2007 Omaha,Nebraska 681�4-2(IL7 (Pax) 102.496.2730 boob peer 1H n.n,.,9682EAS—PNRD.dwg J :.-'""'n'iriI.711"lg.I....Illirlg.":=''S-JilliaillIlldilligillgillr--mr-rl'." ' Ir.; ..''.olIllMINr'''''" ----- IIIIIMIIIIIIIIIE., 11111- - 1 1 \- ------- .-- -- 1 EXHIBIT 113 ., r 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; EASEMENT EXHIBIT " ' . LEGAL DESCRIPTION The North thirty—five feet (35') of the West thirty—five feet (35') of the Southwest Quarter of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska. Contains 1,225 square feet. 115 ELK RIDGE 11 , w Elk Ridge Drive w w oII E 12 z CC 0 1 Y 112 w 12 () p'''N �� 1 I�PcS\ O� c-P SW Cor. S 1/2, ci0 1/2, SE 1/4, N86'54'09"E sec. 18, T15N, R11E g 35.00' I. S03'03'00"E 35.00' NO3'03'00"W S86.54'09"W 35.00' 35.00' SOUTHWEST QUARTER SOUTHEAST QUARTER so 0 50 100 LEGEND PROPERTY LINE Z SECTION CORNER • CORNERS FOUND (5/8" REBAR WITH 1 1/4", YELLOW PLASTIC CAP Dodge S t r e e t STAMPED LS #379) Public Right of Way Varies UNLESS NOTED I 'SW Cor., SE 1/4 2 ,. SEC. 18, T15N, R1 1 E ExH I Br,. 96082\dwg\9682PNRDEASEXH4\sht2.dwg Book 96082 #2 Page 26 Date April 20, 2004 Dwn.By JLK Job Number 96082.03-400 1 �- 7- JfL "earson &Associates; Vic. WWW.LRA.INC.COM i4710-West Dodge Road,Suite''100� .,n ' " ' (Ph) 402.496.2498 Omaha,NeI raska 68154-2027 (Fax) 402.496.2730 CORNERS FOUND (5/8" Point of ,• g86'54'09"W REBAR WITH 1 1/4", Beginning 35.00� YELLOW PLASTIC CAP STAMPED LS #379) iv UNLESS NOTED co cp o SOUTHWEST QUARTER SOUTHEAST QUARTER Dodge Street Public Right of Way Varies hi I ll ArSW Cor., SE 1/4 EXHIBli SEC. 18, T15N, R11E 96082\dwg\96B2PNRDEASEXH4\shtl.dwg Book 96082 #2 Page 26 Date April 20, 2004 Dwo By JLK Job Number 96082.03-400 Is 1 ,.. ,d ift j L Lamp, yneiarson i A FssolCl tes, Inc. WWW.LRA-INC.COM YgVTI- f 1471'0 Rest Dodge Road, Suite 100 ` > (Ph) 402.496.2498 Omaha,Nebraska 68154-2027 (Fax) 402.496.2730 _____ .. _ i I wen.AND El1$EME1'1T I LMW/um, I'-' (C3 e141.410R• 7tlMeM0 RmO24006 est Dodge Road,ScIIte"1(K)' (Ph) 102.196.2498 deep APRIL 6, 2007 Omaha,Nebraska 681�4-2(IL7 (Pax) 102.496.2730 boob peer 1H n.n,.,9682EAS—PNRD.dwg J :.-'""'n'iriI.711"lg.I....Illirlg.":=''S-JilliaillIlldilligillgillr--mr-rl'." ' Ir.; ..''.olIllMINr'''''" ----- IIIIIMIIIIIIIIIE., 11111- - 1 1 \- ------- .-- -- 1 EXHIBIT 113 ., r 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; c asa CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, on April 6, 2006, the City Council approved an Ordinance formalizing an Interlocal Cooperation Agreement between the Papio-Missouri River Natural Resources District (P-MNRD) the City of Omaha and the City of Elkhorn detailing the obligations and responsibilities of each party relative to the operation and maintenance of property associated with Youngman Lake located on the northwest corner of 192nd Street and West Dodge Road; and, WHEREAS, since this original Agreement assigned a portion of the P-MNRD's property and associated authorities and responsibilities to the City of Elkhorn, the P-MNRD has now requested an Addendum to the original Interlocal Cooperation Agreement formally re- assigning the entire property to the City of Omaha, following Omaha's annexation of Elkhorn in March of 2007; and, WHEREAS, the purpose of this Resolution and its associated First Addendum to the Interlocal Cooperation Act Agreement, is to amend the current three party agreement and to authorize the Mayor to sign the Addendum between the two remaining parties; the P-MNRD and the City of Omaha; and, WHEREAS, the purposed Addendum also updates several elements of the current Agreement, to include a specific Agreement by the P-MNRD to reimburse the city of Omaha for costs incurred to construct a wetland water filtration element for the Youngman Lake; and, WHEREAS, the Finance Department is to anticipate receiving funds in the amount of thirty eight thousand dollars ($38,000) from the P-MNRD as reimbursement to the City for the wetland water filtration element and these funds are to be deposited into 2000 Park Bond,Fund No. 13352 and, WHEREAS, this Resolution would authorized the Mayor to sign the grant application and any other documents that are necessary to obtain such assistance; and, WHEREAS, approval of this Addendum is in the best interest of the citizens of the City of Omaha. WHEREAS, the Mayor has recommended approval of this Addendum. By Councilmember Adopted City Clerk Approved Mayor ,d ift j L Lamp, yneiarson i A FssolCl tes, Inc. WWW.LRA-INC.COM YgVTI- f 1471'0 Rest Dodge Road, Suite 100 ` > (Ph) 402.496.2498 Omaha,Nebraska 68154-2027 (Fax) 402.496.2730 _____ .. _ i I wen.AND El1$EME1'1T I LMW/um, I'-' (C3 e141.410R• 7tlMeM0 RmO24006 est Dodge Road,ScIIte"1(K)' (Ph) 102.196.2498 deep APRIL 6, 2007 Omaha,Nebraska 681�4-2(IL7 (Pax) 102.496.2730 boob peer 1H n.n,.,9682EAS—PNRD.dwg J :.-'""'n'iriI.711"lg.I....Illirlg.":=''S-JilliaillIlldilligillgillr--mr-rl'." ' Ir.; ..''.olIllMINr'''''" ----- IIIIIMIIIIIIIIIE., 11111- - 1 1 \- ------- .-- -- 1 EXHIBIT 113 ., r 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; • C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 2 • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Agreement between the City of Omaha and the Papio Missouri River Natural Resources District, attached hereto as Exhibit "A" and incorporated herein by this reference amending the current three party Agreement approved by City Council April 6, 2006 which assigned a portion of the P-MNRD's property associated with Youngman Lake, located on the northwest corner of 192nd Street and West Dodge Road and associated authorities and responsibilities to the City of Elkhorn be amended, following Omaha's annexation of the City of Elkhorn and authorize the Mayor to sign the Addendum between the two remaining parties, the City of Omaha and the P-MNRD and also update several elements of the current Agreement, to include a specific Agreement by the P-MNRD to reimburse the City of Omaha for costs incurred to construct a wetland water filtration element for the Youngman Lake is hereby approved; and, FURTHER THAT, the Finance Department is authorized to anticipate and accept a payment in the amount of thirty eight thousand dollars ($38,000) for the construction of this wetland water filtration element for the Lake and to deposit these funds into the 2000 Park Bond, Fund No. 13352. P:\PRPP\16410pjm.doc APPROVED AS TO FORM: CITY ATTORNEY DATE By Councilmember Adopted JAW - 8 2007 6-0 CISWi4 DE - U�City Clerk Approved // Cf Mayor in the amount of thirty eight thousand dollars ($38,000) from the P-MNRD as reimbursement to the City for the wetland water filtration element and these funds are to be deposited into 2000 Park Bond,Fund No. 13352 and, WHEREAS, this Resolution would authorized the Mayor to sign the grant application and any other documents that are necessary to obtain such assistance; and, WHEREAS, approval of this Addendum is in the best interest of the citizens of the City of Omaha. WHEREAS, the Mayor has recommended approval of this Addendum. By Councilmember Adopted City Clerk Approved Mayor ,d ift j L Lamp, yneiarson i A FssolCl tes, Inc. WWW.LRA-INC.COM YgVTI- f 1471'0 Rest Dodge Road, Suite 100 ` > (Ph) 402.496.2498 Omaha,Nebraska 68154-2027 (Fax) 402.496.2730 _____ .. _ i I wen.AND El1$EME1'1T I LMW/um, I'-' (C3 e141.410R• 7tlMeM0 RmO24006 est Dodge Road,ScIIte"1(K)' (Ph) 102.196.2498 deep APRIL 6, 2007 Omaha,Nebraska 681�4-2(IL7 (Pax) 102.496.2730 boob peer 1H n.n,.,9682EAS—PNRD.dwg J :.-'""'n'iriI.711"lg.I....Illirlg.":=''S-JilliaillIlldilligillgillr--mr-rl'." ' Ir.; ..''.olIllMINr'''''" ----- IIIIIMIIIIIIIIIE., 11111- - 1 1 \- ------- .-- -- 1 EXHIBIT 113 ., r 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; W 7 •,0 0. R '' c .z(q a w = , a '' O 0, N 7y N 00 A, ( A) 5s q P.N •• ,o X m z- N c- N "hd d Pi a r, o5. , = 0 , cv 0., m N °... �, cn cD r* m - a °. cAD 0e '' h o° ° a c.a ' � oa 0 = ° u, o op c 0..0 � 0 a .�� d moc, c❑ o • c cn 0 5 0. 00 ° c0 < co CD r» c0 00 � 0 o a n > 7y.Cr' 0 (`fin ° O �' '. x c� �? `< C: N � �• C � cr Z Z o o ° v' o nico a X o. ° `t't°° . C "V I Oo (7 0 v 0 0 O o a p' cD o cu �, co ,.,.., r) No \ c o ct o o '$ q p �, a -, ° N cn o za ° 00 0 0 — ate "' , o '. = C � 5 ? c = � pW b1:i 0 Do c"< ° Al N —• 0 ` . zcDn7 'a WIC CD o w ° �D o 'CD CD to °Z o° 7Omi y = ; 'dCDi C o CDs'C' 0 m cs q" o\ ^ a .s_ ^..- F �— ,;I I cipate and accept a payment in the amount of thirty eight thousand dollars ($38,000) for the construction of this wetland water filtration element for the Lake and to deposit these funds into the 2000 Park Bond, Fund No. 13352. P:\PRPP\16410pjm.doc APPROVED AS TO FORM: CITY ATTORNEY DATE By Councilmember Adopted JAW - 8 2007 6-0 CISWi4 DE - U�City Clerk Approved // Cf Mayor in the amount of thirty eight thousand dollars ($38,000) from the P-MNRD as reimbursement to the City for the wetland water filtration element and these funds are to be deposited into 2000 Park Bond,Fund No. 13352 and, WHEREAS, this Resolution would authorized the Mayor to sign the grant application and any other documents that are necessary to obtain such assistance; and, WHEREAS, approval of this Addendum is in the best interest of the citizens of the City of Omaha. WHEREAS, the Mayor has recommended approval of this Addendum. By Councilmember Adopted City Clerk Approved Mayor ,d ift j L Lamp, yneiarson i A FssolCl tes, Inc. WWW.LRA-INC.COM YgVTI- f 1471'0 Rest Dodge Road, Suite 100 ` > (Ph) 402.496.2498 Omaha,Nebraska 68154-2027 (Fax) 402.496.2730 _____ .. _ i I wen.AND El1$EME1'1T I LMW/um, I'-' (C3 e141.410R• 7tlMeM0 RmO24006 est Dodge Road,ScIIte"1(K)' (Ph) 102.196.2498 deep APRIL 6, 2007 Omaha,Nebraska 681�4-2(IL7 (Pax) 102.496.2730 boob peer 1H n.n,.,9682EAS—PNRD.dwg J :.-'""'n'iriI.711"lg.I....Illirlg.":=''S-JilliaillIlldilligillgillr--mr-rl'." ' Ir.; ..''.olIllMINr'''''" ----- IIIIIMIIIIIIIIIE., 11111- - 1 1 \- ------- .-- -- 1 EXHIBIT 113 ., r 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due;