ORD 35435 - Trasnfer of permanent easement to MUD for moving water main along Ames Ave •
Parks, Recreation &
N1AHA,^,
E Public Property Department
" , �.('� Omaha/Douglas Civic Center
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�Cr1819 Farnam Street,Suite 701
• i� y Omaha,Nebraska 68183-0701
"�► ' CAL � Cter"�-"ti, (402)444-5900
oRe � 4...
• FAX(402)444-4921
r*D FEB4
c;; ., i'�' : ,S i; Larry N.Foster
City of Omaha •
Acting Director
Hal Daub,Mayor
December 12, 2000
Honorable President
and Members of the City Council,
Transmitted herewith is an ordinance requested by the Parks Department providing for the
transfer of a permanent easement to the Metropolitan Utilities District of Omaha. Metropolitan
Utilities District will be moving the water main near Ames Avenue as part of the improvements
necessary for the Benson Park Plaza and the rerouting of Ames Avenue. This permanent
easement will lay on park property which lies adjacent to the roadway.
This ordinance authorizes the Mayor to execute the attached Permanent Easement and Right-of-
Way which will transfer the property interest to Metropolitan Utilities District of Omaha.
Your favorable consideration of this ordinance is respectfully requested.
Respec lly submitted, Referred to City o ncil or nsideration:
/2 / p°
Larry Foster, Acting Director
Parks, Recreation &Public Property Mayor's Office/Title f Date
P:\Law 1\11240SKZ.doc
ORDINANCE NO. j��j
AN ORDINANCE to transfer a permanent easement in land to Metropolitan Utilities District of
Omaha for purposes of moving a water main along Ames Avenue, which work must be
completed in order to allow completion of Benson Park Plaza and the moving of Ames
Avenue; to authorize the Mayor to execute the permanent easement and right-of-way; and
to provide an effective date hereof.
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
a permanent easement in the following piece of property which it presently owns:
A permanent easement over that part of the North West Quarter
(NW 1/4) of the South West Quarter (SW 1/4), and North East
Quarter (NE 1/4) of the South West Quarter (SW 1/4) of Section 1,
• Township 15 North, Range 12 East in Douglas County, Nebraska,
described as follows:
A tract of land consisting of the northerly 30 feet of the easterly
525.0 feet of the westerly 652.6 feet of Benson Park as the same
abuts and is parallel to Ames Avenue.
This permanent easement contains 0.36 of an acre, more or less,
and is shown on the drawing 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 and Right-of-Way attached to this ordinance.
• ORDINANCE NO. ,_3(s'y
PAGE 2
Section 3. That this ordinance shall be in full force and take effect on the date of its
passage.
INTRODUCED BY COUNCILMEMBER
WaAt...)
APP'O'' D BY:
1 Rv 01
PASSED AN 9 2001 1'0 MAYOR OF THE CITY OF OMAHA DATE
ATTEST:
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Ake
T L,RK 5,-, :HE:CH Y OF
OMAHA DATE
APPROVED AS TO FORM:
A-r-AGIATJT CITY ATTORNEY DATE
P:\Lawl\11241 skz.doc
PERMANENT EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE, made this /r2 day of , 2004,
between CITY OF OMAHA, a Municipal Corporation 'n the St e of Nebraska,
("Grantor"), and METROPOLITAN UTILITIES DISTRICT OF OMAHA, a
Municipal Corporation and Political Subdivision, ("Grantee"),
WITNESS:
That Grantor, in consideration of the sum of Two Dollars ($2.00) and other
valuable consideration, receipt of which is hereby acknowledged, does hereby
grant to Metropolitan Utilities District of Omaha, its successors and assigns, an
easement and right-of-way to lay, maintain, operate, repair, relay and remove, at
any time, pipelines for the transportation of gas and all appurtenances thereto,
including but not limited to roadway valve boxes and 24" R.I. vault covers,
together with the right of ingress and egress on, over, under and through lands
described as follows:
PERMANENT EASEMENT
A permanent easement over that part of the North
West Quarter (NW 1/4) of the South West Quarter
(SW '/4), and North East Quarter (NE ' ) of the South
West Quarter (SW '/4) of Section 1, Township 15
North, Range 12 East in Douglas County, Nebraska,
described as follows:
•
•
• within a reasonable time after the work is performed. Further, upon completion
of any construction, reconstruction, repair, grading, or maintenance work within
the easement area, Grantee, its contractors, agents, employees, representatives,
successors or assigns shall restore the easement area to a neat and orderly
condition that is acceptable to Grantor. However, if any installation or
maintenance work is performed during the winter months, and such work
necessitates reseeding or resodding to restore the surface of the easement area,
Grantee shall perform this seeding or sodding obligation during the time of year
that is appropriate for such activity. If the Grantee fails to perform its obligations
pursuant to the terms stated herein, within 15 days after receipt of written notice
from Grantor to cure, Grantor shall have the right to perform such obligation on
behalf of Grantee and Grantee shall reimburse Grantor for the reasonable costs
thereof.
3. The Grantee shall notify the Parks, Recreation and Public Property
Department, whenever reasonable and practical, prior to performing any work in
the easement area other than routine maintenance or emergency repairs. Upon
such notification, Grantor shall be given a reasonable time in which to review and
comment on the proposed work prior to it being implemented. However, Grantor
shall not unreasonably withhold consent for Grantor to proceed with its
proposed, planned or contemplated work to fulfill a public purpose.
4. Nothing herein shall be construed to waive any right of Grantor or duty
and power of Grantee respecting the ownership, use, operations, extensions and
connections to any pipeline constructed and maintained hereunder.
5. The Grantor is a lawful possessor of this real estate; has good right
and lawful 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.
6. The person executing this instrument represents that he has authority
to execute it on behalf of the City of Omaha.
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THE DAILY RECORD
"NOTICE TO PUBLIC- OF OMAHA
The following Ordinance has been set for
City Council hearing on December 19, RONALD A. HENNINGSEN, Publisher
2000, at 2:00 o'clock p.m., in the Legislative
Chambers, Omaha/Douglas Civic enter• . PROOF OF PUBLICATION
1819 Farnam Street, at which hearing all
persons interested,may be heard.
AN ORDINANCE to transfer a pe anent I UNITED STATES OF AMERICA,
easement in land to Metropolitan Utilities 'Me State ofNebraska,
District of Omaha for purposes of moving a
water main along Ames Avenue, which work Districttyt� r 89.
must be completed in order. to allow City off Douglas,
completion of Benson Park Plaza and the
moving of Ames Avenue; to authorize the
Mayor to execute the permanent easement
and right-of-way; and to provide an effective JOHN P. EGLSAER
date hereof. BUSTER BROWN, being duly sworn,deposes and says that he is
City Clerk
:12-15•011 ADVERTISING MANAGER
of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
• December 15, 2000
That sa ewspaper during that time was regularly published and
in {,g... tion in the County of Douglas, and State of
N v)`�•. .. cy,
f. ilfional(*CRY Abed In my p oe and sworn
• COMMIS 15th
XPIRE• 1 before me this .day of
�:To •••• '•• •• December �•
sl•ti°;4Y 6,2000.Q.
• q'OF NEW' ...
Notary PubU for
tate of Nebraska
•
"NOTICE TO PUBLIC" THE DAILY RECORD
ORDINANCE NO.35435
AN ORDINANCE to transfer a permanent OF OMAFIA
easement in land to Metropolitan Utilities
District of Omaha for purposes of moving a RONALD A. HENNINGSEN,Publisher
water main along Ames Avenue, which work
must be completed in order to allow PROOF OF PUBLICATION
completion of Benson Park Plaza and the
moving of Ames Avenue; to authorize the
Mayor to execute the permanent easement UNITED STATES OF AMERICA,
and right-of-way;and to provide an effective The State ofNebraska.
hereof.
Ue
SMMARY MARY: District of Nebraska, se.
SU
AN ORDINANCE to transfer a permanent County of Douglas,
easement in land to Metropolitan Utilities City of Omaha,
District of Omaha for purposes of moving a
water main along Ames Avenue, which work JOHN P. EGLSAER
must be completed in order to allow
completion of Benson Park Plaza and the
moving of Ames Avenue; to authorize the being duly sworn,deposes and says that he is
Mayor to execute the permanent easement
and right-of-way; and to provide an effective ADVERTISING MANAGER
date hereof.
PASSED: January 9,2001, 7-0
APPROVED BY: of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
HAY DAUB1/12/01published daily in the English language,
OOF THE g having a bona fide paid
CITY OF OMAHA circulation in Douglas County in excess of 300 copies, printed in
BUSTER BROWN, Omaha,in said County of Douglas,for more than fifty-two weeks last
1 18 01 City Clerk past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
•
January 18, 2001
That said - taper during that time was regularly published and
in ge ( ai':\2v`n in the County of Douglas, and State of
Neb :� •N' �S,o ‘1
ti
/�
swell $
• dttia�lal CoNITARY.....' ....I Su to my presence sworn to
r N COMM i 1 th
, EXPI Lam 1. 0 s before me this 20.. ... day
of
-
j January
l4 d>;gy62pprL.�Q
, ,•
h rFOf EBv\\�\� N Notary b and f ,-
State of Nebraska