RES 2003-0394 - Candlewood Lake easement agmt from LCW Family LP over emergency spillway on Candlewood Dam oMAHA.NF 1 d
; ILW l Public Works Department
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�} &� ./. t" 1 3 Omaha/Douglas Civic Center
1( C.rf*J _ a ellt.T„ 1819 Famam Street,Suite 601
s '=�' '' Apr 1 1 2003 Omaha,Nebraska 68183-0601
°R'T'En FEB '101- I I u i -t '' ` (402)444-5220
Telefax(402)444-5248
Al .:,1?hr.J�• A
City of Omaha 1 Norm Jackman,P.E.
Mike Fahey,Mayor Acting Public Works Director
Honorable President
and Members of the City Council,
•
Transmitted herewith is a Resolution accepting an easement from the LCW Family Limited
Partnership over the emergency spillway of the Candlewood Dam. Due to an oversight by the
engineer for the S&ID, that easement was not reserved during the platting, nor requested when
the property was sold to the partnership.
In the years since then, the owner of the apartment complex filled in the emergency spillway and
built a parking lot on top of it. We need to restore the emergency spillway to its originally
approved dimensions in order for the Papio-Missouri River Natural Resources District (NRD) to
take over maintenance of the dam.
The exact location of the easement is detailed in the easement document. Generally, it is in the
southwest corner of the apartment complex. The value of the easement has been determined by
an independent appraiser at $120,479.00. This amount was included in the 2003-2008 Capital
Improvement Program as Project No. 503 and will be paid from the local storm Sewer Bonds,
Construction, Organization 116251, Fund 13117, year 2003 expenditure.
The Public Works Department requests your consideration and approval of the attached
Resolution.
Respectively submitted Referred to City Council for Consideration:
317`93 34�
J kman, P.E. gie Date ayor' Office Date
Acting Public Works Direc or
Approved as to Funding: Approved:
A0/0.3
Stanley P. Ti Date pet Larry Foster Date
Finance Director`'V Parks &Recreation Director
P:\PW2\4068sap.doc
INTER-OFFICE COMMUNICATION
April 1, 2003
TO: Councilmember Marc Kraft
FROM: Henry Vieregger,Public Wor�.
SUBJECT: April 1, 2003— Council Agenda Item 52, Candlewood
At this morning's Precouncil meeting, you asked who was the engineer for the
Candlewood Dam and related easements. The design firm was Elliott &Black, who is a
forerunner of E&A.
C: Lou Andersen
ALL CM'S TO CY
DIST.#1
DIST.#2
DIST.#3
DIST.#4
DIST.#5
DIST.#6
DIST.#7 //
CH.OF STAFF
STAFF
CITY CLERK
LOBBYIST
APR 0 1 '03
1ME... //i3eJA--
(SPACE ABOVE THIS LINE FOR RECORDING DATA)
Christopher D.Curzon,Esquire
DWYER,SMITH,GARDNER,LAZER,
POHREN,ROGERS&FORREST
8712 West Dodge Road,Suite 400
Omaha,NE 68114
TEL.: 402.392.0101
CANDLEWOOD LAKE
EASEMENT AGREEMENT.
FOR AND IN CONSIDERATION of the payment of One Hundred Twenty Thousand
Four Hundred Seventy-nine Dollars and No Cents ($120,479.00) and other good and valuable
consideration, the receipt of which is acknowledged, LCW Family Limited Partnership, a
Nebraska limited partnership existing under the laws of the State of Nebraska, and its successors
and assigns, whether singular or plural, hereinafter called the "GRANTOR," owner of real
property in Douglas County, Nebraska, does hereby grant to the PAPIO MISSOURI RIVER
NATURAL RESOURCES DISTRICT (hereinafter referred to as the "NRD"), and the CITY OF
OMAHA (hereinafter referred to as the "CITY"), and their successors, assigns, officers, agents,
employees and contractors (but not the general public), the permanent easements described in
this Agreement in, over and upon portions of the GRANTOR'S PROPERTY,to wit:
I. DEFINITIONS
1. DAM. "DAM" shall refer to the flood control structure located in the Candlewood
Subdivision, and a portion of which is located on the GRANTOR'S PROPERTY.
2. GRANTOR'S PROPERTY. "GRANTOR'S PROPERTY" shall refer to part of
Lot 402, Block 0 in Candlewood, a subdivision as surveyed, platted, and recorded in Douglas
County, Nebraska, owned by the GRANTOR and further identified by Parcel Identification
Number(PIN)4531 5469 07, and shall include any and all improvements located thereon.
3. DAM EASEMENT. "DAM EASEMENT" shall refer to the permanent easement
described in Exhibit"A" attached hereto and incorporated herein.
CDCO2.10.03
4. OVERFLOW EASEMENT. "OVERFLOW EASEMENT" shall refer to the
permanent easement area described in Exhibit"B"attached hereto and incorporated herein.
5. LAKE CANDLEWOOD. "LAKE CANDLEWOOD" shall refer to the principal
impoundment of water on Lot 303 in the Candlewood subdivision, upstream of the DAM and
commonly referred to as"Lake Candlewood".
II. DAM EASEMENT
1. GRANTOR grants the NRD and the CTTY the permanent, full and free right,
liberty and authority to enter upon the DAM EASEMENT and the exclusive right to:
a) construct, modify, operate, patrol, maintain, repair and replace the flood control
DAM, including principal and emergency spillways, underseepage berms,
observation wells, relief wells, sand and gravel drains, relief drains, outlet pipes,
drainage structures and other DAM appurtenances;
b) construct, modify, operate, repair, excavate, place, fill or maintain earthen fill or
rock in order to construct, install, operate and maintain revetments or other bank
protection devices or methods in connection with the DAM;
c) ingress and egress at any time over and upon the DAM EASEMENT without
notice or consent of the GRANTOR for purposes of carrying out the
responsibilities and duties cited herein; and .
d) clear trees and other vegetation from the DAM EASEMENT as determined
appropriate by the NRD and the CITY, and the right to maintain the air space
above the DAM EASEMENT unobstructed to a height sufficient to permit the
NRD and the CITY to safely pass and operate the NRD'S and the CITY'S
construction and maintenance equipment and machinery. No trees or other
landscaping shall be permitted within the DAM EASEMENT except as set forth
in this Agreement..
2. GRANTOR grants the NRD and CITY:
a) the permanent, full and free right, liberty and authority to enter upon the DAM
EASEMENT, and use the same for temporary inundation by any waters and
sediment impounded, stored or detained by any operation of the DAM; and
b) the non-exclusive full and free right, liberty and authority to remove sediment,
silt, debris, or other accumulated materials from time to time from the DAM
EASEMENT.
2
CDCO2.10.03
3. GRANTOR shall not have any duty or obligation to maintain the DAM, drainage
structures, berms or other similar modifications made within the DAM EASEMENT. However,
GRANTOR and its employees, contractors and agents shall have the right but not the duty to
enter upon the DAM EASEMENT for purposes of routine maintenance and aesthetic
beautification, e.g., mowing and fertilizing and maintenance of the driveway to be constructed on
the DAM EASEMENT and the right but not the duty to enter upon the DAM EASEMENT for
purposes of removing flow waters and sediment from the DAM EASEMENT and to restore the
DAM EASEMENT to its previous condition subsequent to any such inundation. Said
maintenance and work performed by GRANTOR on the DAM EASEMENT shall not be
inconsistent with the rights herein given to the NRD and the CITY.
4. The CITY, at its expense, shall construct, within 30 days of the completion of the
DAM EASEMENT modifications, an asphalt driveway wide enough for two cars to pass side by
side in accordance with standard accepted construction practices, at their expense, across the
DAM EASEMENT to allow vehicular and pedestrian access to the west parking lot located on
GRANTOR'S PROPERTY. However, no vehicular parking of any type shall be permitted
within the DAM EASEMENT.
5. The NRD and the CITY shall allow the GRANTOR to locate a sign on the DAM
EASEMENT near the driveway, provided such signage shall be at least two (2) feet off the
ground, supported by no more than two posts no larger than one foot square, and will not
materially adversely affect the flow capacity on the DAM EASEMENT.
6. After completion of the intended modifications to the DAM EASEMENT,
GRANTOR shall install an irrigation system upon the DAM EASEMENT, which GRANTOR
shall maintain subject to the NRD'S and the CITY'S specifications for length of grass in the flow
area. NRD will provide GRANTOR with adequate amount of seed mix to cover the DAM
EASEMENT, and GRANTOR will install such seed mix.
III. SEEPAGE,BREACH-ROUTING& SPILLWAY RE-ENTRY
1. GRANTOR grants the NRD and the CITY the permanent, full and free right,
liberty and authority to enter upon the DAM EASEMENT, and use the same to flow water and
sediment which originates, emanates, discharges, seeps or spills from the DAM, its principal or
emergency spillways or its impoundment, including without limitation, water or sediment which
appears as surface or subsurface flow, seepage,percolation or springs.
IV. OVERFLOW
1. GRANTOR grants the NRD and the CITY a permanent easement consisting of
the right to temporarily store floodwaters and/or store sediment on the OVERFLOW
EASEMENT in the event of heavy rainfall or other natural occurrence, which causes high water
in LAKE CANDLEWOOD.
3
CDCO2.10.03
V. GENERAL.TERMS
1. Except as expressly permitted herein, GRANTOR agrees, acknowledges and
consents that it shall take no action that would alter, modify or otherwise adversely change the
temporary capacity of the DAM EASEMENT to impound and/or flow water and/or sediment.
GRANTOR shall further not permit any structures, fill or other permanent or temporary devices
to be built in or on the DAM EASEMENT, except as expressly permitted herein, to the extent
that such structures or devices adversely affect the DAM EASEMENT capacity.
2. Except as expressly permitted herein, GRANTOR, and its successors and assigns,
agree, acknowledge and consent to release, indemnify and hold harmless the NRD and the CITY,
and their successors and assigns, from and against any and all liability, cause of action, claims,
and expenses for loss of or damage to the GRANTOR'S PROPERTY and other property of the
GRANTOR'S, its contractors, employees, officers, successors and assigns or the GRANTOR'S
tenants or guests and for personal injury caused to GRANTOR, its contractors, employees,
officers, successors and assigns or GRANTOR'S tenants or guests by temporary inundation by
water and/or sediment and the consequences thereof on the GRANTOR'S PROPERTY except to
the extent such liability, cause of action, claims, expenses, loss or damage arises from the
negligence or misconduct of the NRD or the CITY. The NRD and the CITY, jointly and
severally, and their successors and assigns, release, indemnify and hold harmless GRANTOR, its
successors and assigns from and against any and all liability, cause of action, claims, expenses,
loss or damage to any third party by construction or by temporary inundation by water and/or
sediment and the consequences thereof on the DAM EASEMENT and OVERFLOW
EASEMENT except to the extent such liability, cause of action, claims, expenses, loss or
damage arises from the negligence or misconduct of the GRANTOR. This paragraph shall not be
interpreted as granting any third party beneficiary rights or third party privileges but only grants
those rights of indemnification and release as expressly provided herein.
3. This Agreement shall not pass, nor be construed to pass, to the NRD and the
CITY, or its successors or assigns, any fee simple interest or title to the DAM EASEMENT or
the OVERFLOW EASEMENT.
4. The easements provided herein shall be deemed perpetual and to run with the land
and shall be binding upon the GRANTOR and upon the GRANTOR'S successors and assigns
except as expressly permitted herein.
5. The GRANTOR, for itself and for its successors and assigns, warrants to the NRD
and the CITY, and its successors and assigns, that the GRANTOR is the owner of the DAM
EASEMENT and the OVERFLOW EASEMENT and that the GRANTOR has good right to
convey the aforedescribed easements over the same; that on the date of this Agreement the DAM
EASEMENT and OVERFLOW EASEMENT are free and clear of all leases, liens and other
encumbrances, except those of record. GRANTOR will warrant and defend the title of the NRD
and CITY, and of its successors and assigns, to the aforedescribed easements against all lawful
claims and demands of all persons whatsoever.
4
CDCO2.10.03
6. The GRANTOR warrants that no representations or inducements have been made
or given by the NRD or the CITY, or by any of their officers, agents or employees, other than as
may be recited in this Agreement.
7. No waiver or breach of this Agreement shall be construed as or constitute a
waiver of any other breach, or a waiver, acquiescence or consent to any further or succeeding
breach of the same or any other easement or agreement.
8. If any term or provision of this Agreement shall, to any extent, be held invalid or
unenforceable, the remaining terms and provisions of this Agreement shall not be affected
thereby, but each remaining term or provision shall be valid and enforced to the fullest extent
permitted under the law.
9. GRANTOR hereby acknowledges and warrants that it has undertaken all
necessary procedures and processes, including providing such notice as needed, in conformance
with the limited partnership agreement of the GRANTOR, to obtain valid approval and
ratification of the GRANTOR to enter into this Agreement, and said signature below is that of an
authorized and approved agent of the GRANTOR.
IN WITNESS WHEREOF, this EASEMENT i.GREEMENT is executed by the
GRANTOR, LCW Family Limited Partnership, on this;2'/TA-day of February, 2003.
LCW FAMILY LIMITED PARTNERSHIP
By: LCW Management Corp., its General Partner
BY: '� I. 9t&11121
N : Gr6go T.Nelson
TITLE: President
STATE OF -C,)(Cr'S )
)ss.
COUNTY OF 04 Ito S
The foregoing instrument was acknowledged and sworn before me this , (et day of
February, 2003 by Gregory T. Nelson, President of LCW Management Corp., the General
Partner of LCW Family Limited Partnership, a N aska limited partnership, on behalf of the
limited partnership.
NOTARY PUBJC
"-A6VAiii State of Texas otary Public
mid'C rn.Exp. 10-07-2003
5
CDCO2.10.03
Acknowledged and agreed to as a
duly authorized representative of the NRD:
BY:
NAME:
TITLE:
STATE OF NEBRASKA )
)ss.
COUNTY OF SARPY )
The foregoing instrument was acknowledged and sworn before me this day of
February, 2003, by , of Papio Missouri River
Natural Resources District,on its behalf.
Notary Public
Acknowledged and agreed to as a
duly authorized representative of the CITY:
BY:
NAME: Mjk E-al � r
M Mink
STATE OF NEBRASKA )
)ss.
COUNTY OF DOUGLAS )
tuitiyThe foregoing instrument was acknowledged and sworn before me this 3.d day of
, 2003 by t 1ke Fa Lie.ij , MA-0UA of The City of Omaha,
on its behalf.
III GENERAL NOTARY-State of Nebraska
CYNTHIA I.FORD
'•%.t, My Comm.Exp.Aog.16,2003
Notary Public
•
CDCO2.10.03 •
•
•
LEGAL DESCRIPTION
PARCEL 1
PART OF LOT 402, CANDLEWOOD A SUBDIVISION LOCATED IN THE NE 1/4 SECTION 18,
TOWNSHIP 15 NORTH,RANGE 12 EAST OF THE 6TH P.M.,DOUGLAS COUNTY NEBRASKA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS: •
BEGINNING AT THE PONT OF INTERSECTION OF THE NORTHEASTERLY RIGHT-OF-WAY
LINE OF CHARLES STREET AND THE NORTH RIGHT-OF-WAY LINE OF ROSE LANE,SAID
POINT ALSO BEING ON THE SOUTHERLY LINE OF SAID LOT 402,CANDLEWOOD;THENCE
ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID CHARLES STREET, SAID
LINE ALSO BEING SAID SOUTHERLY LINE OF LOT 402,CANDLEWOOD, ON A CURVE TO
THE LEFT WITH A RADIUS OF 353.91 FEET,A DISTANCE OF 441.07 FEET,SAID CURVE
HAVING A LONG CHORD WHICH BEARS N35°23'36"W(ASSUMED 3 -B BEARING),
A DISTANCE
E, A
OF 413.08 FEET;THENCE N43°11'25"E,A DISTANCE OF 27�Q-.
DISTANCE OF 59.75 FEET;THENCE S26°41'18"W,A DISTANCE OF 111.62 FEET;THENCE
SOO°20'49"W, A DISTANCE OF 53.21 FEET;THENCE S90°00'00"W,A DISTANCE OF 80.97 FEET;
THENCE S45°00'00"E,A DISTANCE OF 32.16 FEET;THENCE S00°26'i 1"W,A DISTANCE OF
199.52 FEET;THENCE S90°00'00"E.A DISTANCE OF 17.01 FEET;THENCE S00°00'00"E,A
DISTANCE OF 41.92 FEET;THENCE S26°41'47"W A DISTANCE OF 101.31 FEET TO A POINT ON
SAID NORTH RIGHT-OF-WAY LINE OF ROSE LANE,SAID POINT ALSO BEING ON SAID
SOUTHERLY LINE OF LOT 402, CANDLEWOOD;THENCE ALONG SAID NORTH RIGHT-OF-
WAY OF ROSE LANE, SAID LINE ALSO BEING SAID SOUTHERLY LINE OF LOT 402,
CANDLEWOOD, ON A CURVE TO THE
LONG CHORD WHICHBEOF 100.00 ARS N69 15 29"WDA DISTANCE
ISTANCE OF
20.79 FEET, SAID CURVE HAVING A _
OF 20.75 FEET TO THE PONT OF BEGINNING.
SAID TRACT OF LAND CONTAINS AN AREA OF 61,052 SQUARE FEET OR 1.402 ACRES MORE 1
OR LESS. •
#76012.4
EAS
1-18-00
E & A CONSULTING GROUP,INC
12001 "Q"STREET
OMAHA,NEBRASKA 68137 SHEET 2 OF 2
•
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. .
EXHIBIT "A"
402 • / —
•<<9
s
411
wo � e0 <�
�P2- # III
IIIIIIIIICANDLEWOOD o y�,vs < \PQ
to0.
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SCALE 1".-- 100'
43 o /
CHAR/Es S EEr PARCEL 1A ot
4" M 402
`Illi ',170,S391
<9Q�, �-2� , cv
o CANDLE WOOD
�L2 � � 453 OF BEGINNING
03� , 4,�POINT
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1 2
COMMENCING POINT
LEGAL DESCRIPTION C ANDLE WOOD
LCW FAMILY LIMITEDIARTNERSHIP REPL A T 1 ROSE LANE
QUIT CLAIM DEED
BOOK 2053,PAGE 260
PART OF LOT 402,CANDLEWOOD A SUBDIVISION LOCATED IN THE NE 1/4 SECTION 18,TOWNSHIP 15 NORTH,RANGE 12 EAST OF THE
6TH P.M.,DOUGLAS COUNTY NEBRASKA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF CHARLES STREET AND THE NORTH
RIGHT-OF-WAY LINE OF ROSE LANE,SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF SAID LOT 402,CANDLEWOOD;THENCE
ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF CHARLES STREET,SAID LINE ALSO BEING SAID SOUTHERLY LINE OF LOT 402,
CANDLEWOOD,ON A CURVE TO THE LEFT WITH A RADIUS OF 353.91 FEET,A DISTANCE OF 234.91 FEET,SAID CURVE HAVING A LONG
CHORD WHICH BEARS N18°42'18"W(ASSUMED BEARING),A DISTANCE OF 230.62 FEET TO THE POINT OF BEGINNING;THENCE ALONG
SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF CHARLES STREET,SAID LINE ALSO BEING SAID SOUTHERLY LINE OF LOT 402,
CANDLEWOOD,ON A CURVE TO THE LEFT WITH A RADIUS OF 353.91 FEET,A DISTANCE OF 206.17 FEET,SAID CURVE HAVING A LONG
CHORD WHICH BEARS N54°24'31"W(ASSUMED BEARING),A DISTANCE OF 203.27 FEET;THENCE N43 °11'25"E,A DISTANCE OF 160.00
FEET;THENCE S46°48'35"E,A DISTANCE OF 78.25 FEET;THENCE SOO°24'03"W,A DISTANCE OF 181.40 FEET TO THE POINT OF
BEGINNING.
SAID TRACT OF LAND CONTAINS AN AREA OF 19,298 SQUARE FEET OR 0.443 ACRES MORE OR LESS.
E&A CONSULTING GROUP, INC. PARCEL 1A
(e#a ENGINEERS • PLANNERS • SURVEYORS
120010STREET OMAHA,NE 66137 PHONE:(102)B950700 LOT 402, CANDLEWOOD
Drawn by: PDR 'Chkd by:Wk, Date: I.to-DZ'Chkd by:` Date:
Job No.:76012.4 SHEET 1 OF 1 DOUGLAS COUNTY, NEBRASKA
1•\Prntartc\7Rn191FASF-PARCEL 1A-000.dwa.8.5x11 (14),01/10/02 11:21:13 AM,PatrickR-
EXHIBIT " B" .
111 402 po'
C A N D L E w 0 o D %. Illlll%
1
�h�`ti ��� S003.21' "W
53.21'
�''') SCALE 1"= 100'
1-18-00
S90'00'00"E S45'00'00"E 32.16'
• CH /�0.97' 402
ARI-ES
PARCEL 1
F o ro • CANDLE WOOD
ll� � /o
�<-, , 519 S90 00 00 E
F . .-2') / 17.01'
I J� $00'00'00"E
'o0;o. _ / 41.92
S26'41'47"W
, 101.31'
• 1 2
112 1 L = 20.79' R = 100.00'
111 ' CANDLE W 0 0 D LC = N69'15'29'W 20.75'
CAN D L E WOOD REPLAT 1 \
ROSE LANE POINT OF BEGINNING
PARCEL 1
I
SHEET 1 OF 2
SEE ATTACHED SHEET 2 OF 2 FOR LEGAL DESCRIPTION
E. & A CONSULTING GROUP, INC.
12001 "Q" STREET JOB # 76012.4
OMAHA, NEBRASKA 68137
PHONE (402) 895-4700 I: \PROJECTS\76012\DRAIN_EASE_EXHIBITS.DWG - DRAWN BY EAS
25A°, •
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha needs an easement over the property owned by
LCW Family Limited Partnership in order to restore the emergency spillway on the Candlewood
Dam to its originally approved dimensions; and,•
WHEREAS, the LCW has agreed to grant the easement for the sum of
$120,479.00 which will be paid from Sewer Bonds, Construction, Organization 116251, Fund
13117, year 2003 expenditure; and,
WHEREAS, this resolution accepts the easement detailed in the attached
Candlewood Lake Easement Agreement, which by this mention becomes a part herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the City does hereby accept the Candlewood Lake Easement Agreement
from LCW Familyy Limited Partnership over the emergency spillway on the Candlewood. Dam
northwest of l22° and Charles Streets.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay $120,479.00 to LCW from
Sewer Bonds, Construction, Organization 116251,Fund 13117, year 2003 expenditure.
APPROVED AS TO FORM:
CITY ATTORNEY DATE
By •
n.cilmember
Adbpted 2. _,1 2003` - 7-6)
dr
= City Clerk
Approved )#.164-43----'
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