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:
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PASSED OCT 2 6 �uZ1 [0'0
MAYOR OF THE CITY OF OMAHA D TE
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IC TY CLERKHE CIT OF MA A ATE
DEPUTY APPROVED AS TO FORM:
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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.
WITNESS my hand and Notarial Seal the day and year last above written.
9 t
A GENERAL NOTARY-State of Nebraska
Notary Seal: Iq KIMBERLY PULLIAM
My Comm.Exp.Dec.14,2021 NOTAR BLIC
Please return to:
Joseph Kehm,Attorney
Metropolitan Utilities District
1723 Harney Street
Omaha,Nebraska 68102-1960
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