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ORD 42707 - Permanent Easement to MUD for relocation of facilities - NW corner of N 11th Street and E Locust Street ORDINANCE NO. Z7()7 AN ORDINANCE to transfer a permanent easement in land to Metropolitan Utilities District of Omaha, a Municipal Corporation and a Political Corporation, for purposes of relocating facilities, and appurtenances thereto, upon City-owned located on the NW corner of N. 11th Street and E. Locust Street; to authorize the Mayor to execute the attached Right-of-Way Easement; and to provide an effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City of Omaha, notwithstanding the procedure outlined in Section 27-51 to 27-75 of the Omaha Municipal Code will transfer to the Metropolitan Utilities District of Omaha, a Municipal Corporation and a Political Corporation, a permanent easement to the extent it has any interest in the following piece of property: A TRACT OF LAND BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 10,TOWNSHIP 15 NORTH, RANGE 13 EAST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF OMAHA, DOUGLAS COUNTY, NEBRASKA, BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF E. LOCUST STREET AND THE NEBRASKA-IOWA STATE LINE; THENCE ON SAID NORTH RIGHT-OF-WAY LINE, SOUTH 88 DEGREES 48 MINUTES 10 SECONDS WEST (BASIS OR BEARING), 138.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ON SAID NORTH RIGHT-OF-WAY LINE, SOUTH 88 DEGREES 48 MINUTES 10 SECONDS WEST, 45.00 FEET; THENCE NORTH 01 DEGREE 11 MINUTES 50 SECONDS WEST, 20.00 FEET; THENCE NORTH 88 DEGREES 48 MINUTES 10 SECONDS EAST, 45.00 FEET; THENCE SOUTH 01 DEGREE 11 MINUTES 50 SECONDS EAST,20.00 FEET TO THE POINT OF BEGINNING. THIS PERMANENT EASEMENT CONTAINS 0.0207 OF AN ACRE, MORE OR LESS, AND IS SHOWN ON "EXHIBIT A", ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. Section 2. That the Mayor of the City of Omaha shall be authorized to execute the permanent easement attached to this Ordinance. ORDINANCE NO. 17 PAGE 2 Section 3. That this ordinance shall be in full force and take effect on the date of its passage. INTRODUCED BY COUNCILMEMBER APe^ %a%.t.„ APPROVED BY: • _ s Za PASSED OCT 2 6 �uZ1 [0'0 MAYOR OF THE CITY OF OMAHA D TE ATT ST: Aitt12-ttbrfiri IC TY CLERKHE CIT OF MA A ATE DEPUTY APPROVED AS TO FORM: I WI) CITY ATTORNEY DATE 026OjIs u z!w w % r(1�`�-�--y� y 9 2 I l O& T a F— Z W 2 W Z N ' 2 F— ! 0 — - l Z I2 co I N 06•( Q OU CC 1i N 05 VI iO 0 �li LLJ W Z ---0 -- ! o • Z CO�.-v w ! ! D0 1F- W J -.20e O-'Ov4 biz i H 40 N� : QN N N• ! Q_ IOWA W I 60' 1 IOWA F- //1L /JL/LlC/1L/L///-!!/1L/L//LILC//LL/L//1F '111—-__._- 1LLL/1/1L/�/ m NEBRASKALo I NEBRpSKA = r- W L. O CARTER LAKE SHORE DR. W. co is N. 11 th ST. r" 1 1 VARIES 1 I G i 66' i Z 2 w CtF- p 0 ! 10 Z O 4 Z (/� d d- N ILO c J Lo ci Zit No 0 o i m C) uI w J a • co ! F- ! - 0 O Z V) 2 d- o I F— I F_ _1-- d F— o Z o Z Z U co Qom.. co 0 J H Z1- Z a z 0 o -d 1O .,O Q o I I I Y LL W:1 w O r p Z ❑I I f A. 0 ❑/L 5 (/) O CO W 5 Lc) Li, W COCO0 oN COW1J) /1 }0 } < < WZCO 0 ( Q0C) Leiw U w0 CO ❑w w wF-J z �O Z 4 QWOO 0 QWR11 U S- WN- _,**Cc _,0 O COw w U w CO wC] W < O O Q2 < -w - F 0- _ COw www g ~¢ = LT a Q a Ow O w X I-0- I-N a I- CO CO a W 0 000 Q 0 AGREEMENT FOR NON-EXCLUSIVE PERMANENT EASEMENT THIS AGREEMENT FOR PERMANENT EASEMENT is made on the date indicated below between the CITY OF OMAHA, a Political Subdivision, (hereinafter, the "Grantor") and METROPOLITAN UTILITIES DISTRICT OF OMAHA, a Municipal Corporation and Political Subdivision (hereinafter, the "Grantee"). RECITALS 1. Grantor is the fee simple owner of the following described real property located in Douglas County, Nebraska: The northeast quarter of Section 10, Township 15 North, Range 13 East of the 6th Principal Meridian, City of Omaha, Douglas County, Nebraska. (Hereinafter, the above-described real property is referred to as the "Property") 2. Grantor desires to grant to Grantee, and Grantee desires to obtain, a permanent easement over a certain tract of land located within the Property, as more particularly described below. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants described herein, Grantor and Grantee agree as follows: AGREEMENT 1. Permanent Easement. Grantor, in consideration of the sum of Two Dollars ($2.00) and other valuable consideration, receipt of which is hereby acknowledged, hereby grants to Grantee and to Grantee's successors and assigns, permanent easements to lay, maintain, Please return to: Joseph Kehm,Attorney Metropolitan Utilities District 1723 Harney Street Omaha,Nebraska 68102-1960 operate,repair,relay,and remove, at any time,underground pipelines for the transportation of water and all underground and above-ground appurtenances thereto, including, but not limited to, hydrants, valve boxes, stop boxes, manhole rings, manhole covers, concrete vault boxes, and pipeline markers, together with the rights of ingress and egress on, over, under, and through the following described tract of land which is located within the Property: A PARCEL OF LAND BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 15 NORTH, RANGE 13 EAST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF OMAHA, DOUGLAS COUNTY, NEBRASKA, BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF LOCUST STREET AND THE NEBRASKA-IOWA STATE LINE; THENCE ON SAID NORTH RIGHT-OF-WAY LINE, SOUTH 88 DEGREES 48 MINUTES 10 SECONDS WEST (BASIS OF BEARING), 138.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ON SAID NORTH RIGHT-OF-WAY LINE, SOUTH 88 DEGREES 48 MINUTES 10 SECONDS WEST, 45.00 FEET; THENCE NORTH 01 DEGREE 11 MINUTES 50 SECONDS WEST, 20.00 FEET; THENCE NORTH 88 DEGREES 48 MINUTES 10 SECONDS EAST, 45.00 FEET; THENCE SOUTH 01 DEGREE 11 MINUTES 50 SECONDS EAST, 20.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AN AREA OF 0.0207 ACRE, MORE OR LESS. (Hereinafter, the above-described trace of land is referred to as the "Permanent Easement Area")The Permanent Easement Area is generally shown on "Exhibit A", attached hereto and made a part hereof by this reference. 2. Structures. All facilities, except for the hydrants, valve boxes, stop boxes, manhole rings, and manhole covers shall be located underground unless Grantee receives written permission from Grantor. 3. Agreement to Restore Soil and Improvements. The Grantee shall restore any soil excavated within the Permanent Easement Area for any purpose hereunder, as nearly as is reasonably possible to its original contour within a reasonable time after the work is performed. Additionally, Grantee agrees to restore any damage to the recreational trail and/or sidewalk, sprinkler systems, traffic signal wiring, conduit, cables, pull boxes, foundations, or any other underground traffic signal facilities, or any other improvements, caused by the installation and maintenance of water main and appurtenances thereto. 4. Warranty of Title. The Grantor is the lawful owner and possessor of the Property; has good, right, and lawful title and authority to make such conveyance; and Grantor and its successors and assigns shall warrant and defend this conveyance and shall indemnify and hold harmless Grantee forever against claims of all persons asserting any right, title, or interest prior to or contrary to this conveyance. 5. Reservation. Grantor expressly reserves the right to make public improvements, whether such improvements be grading, paving, sewers and appurtenances thereto, or otherwise; and this easement and all rights and privileges granted herein are subject to this right. Grantor shall make reasonable efforts so that construction of improvements does not interfere with the Grantee's use of the area covered by the easement during and after completion of construction. Should the construction and/or maintenance of improvements on Grantor's property necessitate the moving and relocating of the Grantee's utility, the Grantee agrees to relocate the utility at its own expense. 6. Authority to Execute. The person executing this instrument has authority to execute it on behalf of the Grantor. IN WITNESS WHEREOF, Grantor and Grantee execute this NON-EXCLUSIVE PERMANENT EASEMENT. METROPOLITAN UTI TIES DISTRICT OF OMAHA by: M avLLVY�-c..�e.r.L I I its: Civi 1 K•eX Cov .e.1-1 ACKNOWLEDGMENT STATE OF NEBRASKA ) ) SS COUNTY OF DOUGLAS ) This instrument was acknowledged before me on , 2021, by SAJ\ii4jq_N Q , who holds the position of �U P C.1414 IsA2 with the METROPOLITAN UTILITIES DISTRICT OF OMAHA and who executed the above AGREEMENT FOR NON-EXCLUSIVE PERMANENT EASEMENT on behalf of the METROPOLITAN UTILITIES DISTRICT OF OMAHA. • Notary Seal: � GENERALSATDY-M teS oIfMbNraska �, My Comm.Exp.October 10,2022 NOT Y PUBLIC CITY OF OMAHA, a Municipal Corporation ATTEST: 1.>,2- �� 2aJ s By � � i Eliza eth Butler Jean Stothert City Clerk, City of Omaha Mayor, City of Omaha APPROVED AS TO FORM: q lr174 ASSISTANT CITY ATTORNEY Date STATE OF NEBRASKA ) ) SS COUNTY OF DOUAfki GLLAS ) On this day ofDr , 2021, before me, a Notary Public in and for said County, personally came Elizabeth Butler, City Clerk of the City of Omaha, Nebraska, a Municipal Corporation, to me personally known to be the respective officer of said Municipal corporation and the identical person whose name is affixed to the foregoing instrument, and acknowledged the execution thereof to be their respective voluntary act and deed as City Clerk and the voluntary act and deed of said Municipal Corporation. WITNESS my hand and Notarial Seal the day and ye r last above written. • Notary Seal: GENERAL NOTARY-State of Nebraska KIMBERLY PULLIAM NOT Y PUBLIC '6,,A1 My Comm.Exp.Dec.14,2021 STATE OF NEBRASKA ) ) SS COUNTY OF DOUGLAS ) On this 2day of , 2021, before me, a Notary Public in and for said County, personally came Jean Stothert, Mayor of the City of Omaha, Nebraska, a Municipal Corporation,to me personally known to be the respective officer of said Municipal corporation and the identical person whose name is affixed to the foregoing instrument,and acknowledged the execution thereof to be her respective voluntary act and deed as Mayor and the voluntary act and deed of said Municipal Corporation. 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