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RES 2001-1163 - Easment to NDOR for channel along West Papio Creek near 168th and W Dodge Rd r_ lr Parks, Recreation & O,0M,,HA,,,FeR . 1 5 L,. t I. Y E C} -Public Property Department (1 ir.401k; Omaha/Douglas Civic Center 605,45 r tifCf� !!k ^ O R p g 2: .y 1819 Farnam Street,Suite 701 ®+11 'J � � i�1 C3 C Omaha,Nebraska 68183-0701 o•F7 Ik.4. P e• (402)444-5900 �0°Dry FAX(402)444-4921 R�rFn FesR�r CITY CLERK Larry N.Foster City of Omaha (1 M A N A. N t R R A S K A Acting Director Hal Daub,Mayor Honorable President and Members of the City Council, Transmitted herewith is a Resolution granting a construction and maintenance easement to the State of Nebraska, Department of Roads, for work near 168th and West Dodge Road. This easement is needed by the State for their road improvement project and impacts a small portion of park property along the West Papio Creek. This easement does not negatively impact the public's use of the park site. The exact location of the easement is detailed in the easement document. The City will be paid $650.00 for the 0.57 acres within the easement. The attached Resolution authorizes the Mayor to. sign all necessary documents to convey said easement. All appropriate City approvals have been obtained for this easement. Your favorable consideration is requested. Respectfully submitted, Re to City uncil f Co sideration: Z/77. ,.._----•----- (( ' a Larry N. Foster, Acting Director Mayor's Of ice/Title 1 4, Date Parks, Recreation and (,� Public Property Department Approved as to Funding: Approved: . II d �. jkj 4/, cam/ Stan Timm, cting DirectorjA Da e Don W. Elliott, P.E / ate Finance Department /rt Public Works Director P:\PLN1\11788z.doc PIII" EASEMENT— INDIVIDUAL (GENERAL page 1) PROJECT: 6-7(133) C.N.: 20107A TRACT: 31 KNOW ALL MEN BY THESE PRESENTS: THAT City of Omaha Organized and existing under and by virtue of the laws of the State of Nebraska hereinafter known as the Grantor, for and in consideration of the sum of SIX HUNDRED AND NO/100----($600.00)----DOLLARS in hand paid does hereby grant and convey unto THE STATE OF NEBRASKA, DEPARTMENT OF ROADS, and to its successors and assigns the following described permanent easement for the purpose of CHANNEL CONSTRUCTION AND MAINTENANCE and the subsequent maintenance of same, situated in DOUGLAS County, and State of Nebraska, to-wit; A TRACT OF LAND FOR CHANNEL CONSTRUCTION AND MAINTENANCE PURPOSES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 15 NORTH, RANGE 11 EAST OF THE SIXTH PRINCIPAL MERIDIAN, DOUGLAS COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER THENCE EASTERLY ALONG SAID SOUTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 313.96 METERS(1030 FEET)THENCE NORTHERLY DEFLECTING 90 DEGREES 00 MINUTES; MORE OR LESS A DISTANCE OF 80.39 METERS(263.74 FEET)TO THE CENTER OF THE CHANNEL OF THE WEST PAPILLION CREEK; THENCE WESTERLY ALONG SAID CENTER OF THE CHANNEL TO THE POINT OF BEGINNING, SAID POINT LOCATED 80 METERS(262.47 FEET), MORE OF LESS NORTHERLY FROM THE CENTERLINE AND SECTION LINE OF WEST DODGE ROAD; THENCE CONTINUING WESTERLY ALONG THE CENTER OF THE CHANNEL OF THE WEST PAPILLION CREEK; TO A POINT LOCATED 113 METERS(370.73 FEET) MORE OR LESS, NORTHERLY FROM THE CENTERLINE AND SECTION LINE OF WEST DODGE ROAD;THENCE EASTERLY DEFLECTING 90 DEGREES 00 MINUTES RIGHT MORE OR LESS, A DISTANCE OF 22 METERS(72.18 FEET), MORE OR LESS, THENCE DEFLECTING 16 DEGREES 41 MINUTES 57 SECONDS RIGHT, A DISTANCE OF 52.20 METERS(171.27 FEET); THENCE DEFLECTING 25 DEGREES 17 MINUTES 16 SECONDS RIGHT A DISTANCE OF 26.91 METERS(88.28 FEET) MORE OR LESS, TO THE POINT OF BEGINNING CONTAINING 0.23 HECTARES (0.57 ACRES), MORE OR LESS The abandonment of said permanent easement for the purposes described herein shall render this conveyance void and cause said permanent easement to revert to said Grantor and to its successors and assigns. EASEMENT— INDIVIDUAL (GENERAL page 2) PROJECT: 6-7(133) C.N.: 20107A TRACT: 31 Duly executed this/flay of , A.D. 20I? SEAL ' ATTEST e-,r7r QF ./yl44/ tit. Corporation By: . By: yag..„ii,. • STATE OF ) )ss. County) On this/0l -day of , A.D., 2004 before me, a General Notary Public, duly commissioned and qualified, personally came '7�-c.L ` --C. - -c-c�- c1vL- the duly authorized representatives of `.-k-�- who acknowledged that he, she or they held the position or title set forth in the instrument, that he, she or they signed the instrument on behalf of the corporation by proper authority and that the instrument was the act of the corporation and are to me known to be said duly authorized representative or representatives and the identical person or persons who signed the foregoing instrument and acknowledged the execution thereof to be his, her or their voluntary act and deed. WITNESS my hand and notarial seal the day and year last above written NOTARY-Slats of Nebraska C/c A `c.c� 4�'-..Notary Public. GENERAL CYNTHIA 1.FORD „, "-- ally Comm.Exp.Aug.16,2003 My commission expires the/ tZ-day of , 2003 APPROVED-A TO Fr P : CA//x1---<_ �' ASSISTANT CITY ATrriR', Irr I • 4- EASEMENT— INDIVIDUAL (GENERAL page 3) PROJECT: 6-7(133) C.N.: 20107A TRACT: 31 STATE OF ) )ss. County) On this day of , A.D., 20_, before me, a General Notary Public, duly commissioned and qualified, personally came the duly authorized representatives of who acknowledged that he, she or they held the position or title set forth in the instrument, that he, she or they signed the instrument on behalf of the corporation by proper authority and that the instrument was the act of the corporation and are to me known to be said duly authorized representative or representatives and the identical person or persons who signed the foregoing instrument and acknowledged the execution thereof to be his, her or their voluntary act and deed. WITNESS my hand and notarial seal the day and year last above written Notary Public. My commission expires the day of , 20_. • L i .. Project No.: 6-7(133) -Tr. 31 -,4)i.,,.,,- 0STATE OF NEBRASKA is`%` DEPARTMENT OF ROADS 'Departme nt of Roads ACQUISITION CONTRACT I Copies to: 1. Right of Way Division, Nebraska Department of Roads 2. Owner(NDOR Approved) Project No.: 6-7(133) 3. Owner Control No.: 20107A 4. District Engineer Tract No.: 31 5. Proje tt Manager HIS CONTRACT, made and entered into this day of , 20 by anJ between City of Omaha, Address: hereinafter called the OWNER, and the State of Nebraska, Department of Roads, hereinafter called the STATE. PERMANENT EASEMENT WITNESSETH: In consideration of the payment or payments as specified below, the OWNER hereby agrees to execute to the STATE, a Permanent Easement which will be prepared and furnished by the STATE, to certain real estate described as follows: • A TRACT OF LAND FOR CHANNEL CONSTRUCTION AND MAINTENANCE PURPOSES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 15,TOWNSHIP 15 NORTH, RANGE 11 EAST OF THE SIXTH PRINCIPAL MERIDIAN, DOUGLAS COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER THENCE EASTERLY ALONG SAID SOUTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 313.96 METERS(1030 FEET)THENCE NORTHERLY DEFLECTING 90 DEGREES 00 MINUTES; MORE OR LESS A DISTANCE OF 80.39 METERS(263.74 FEET)TO THE CENTER OF THE CHANNEL OF THE WEST PAPILLION CREEK;THENCE WESTERLY ALONG SAID CENTER OF THE CHANNEL TO THE POINT OF BEGINNING, SAID POINT LOCATED 80 METERS(262.47 FEET), MORE OF LESS NORTHERLY FROM THE CENTERLINE AND SECTION LINE OF WEST DODGE ROAD;THENCE CONTINUING WESTERLY ALONG THE CENTER OF THE CHANNEL OF THE WEST PAPILLION CREEK;TO A POINT LOCATED 113 METERS(370.73 FEET)MORE OR LESS, NORTHERLY FROM THE CENTERLINE AND SECTION LINE OF WEST DODGE ROAD;THENCE EASTERLY DEFLECTING 90 DEGREES 00 MINUTES,RIGHT MORE OR LESS,A DISTANCE OF 22 METERS(72.18 FEET), MORE OR LESS, THENCE DEFLECTING 16 DEGREES 41 MINUTES 57 SECONDS RIGHT,A DISTANCE OF 52.20 METERS(171.27 FEET);THENCE DEFLECTING 25 DEGREES 17 MINUTES 16 SECONDS RIGHT A DISTANCE OF 26.91 METERS(88.28 FEET)MORE OR LESS,TO THE POINT OF BEGINNING CONTAINING 0.23 . HECTARES(0.57 ACRES), MORE OR LESS It is understood that the easement area(s) may be used for the temporary relocation of utilities during the construction of the project. The STATE agrees to purchase the above described Right of Way and/or Easement(s) and to pay,. therefore, upon the delivery of said executed Deed and/or Easement(s). If the OWNER so desires, he/she shall have the right to receive 100% of the final payments due under this contract prior to vacating the premises being acquired. Acquisition Contract, Page 1 Project No.: 6-7(133) -Tr. 31 Permanent easement for channel construction & maintenance containing $600.00 0.57 acres, net amount Abstracting allowance 50.00 TOTAL $650.00 It is agreed and understood that the STATE is hereby granted an immediate right of entry upon the premises described above. The above payments shall cover all damages caused by the establishment and construction of the above project except for CROP DAMAGE, if any, which will be paid for in an amount based on the yield from the balance of the field less expenses of marketing and harvesting. CROP DAMAGE shall mean damage to such crops as are required to be planted annually and which were planted at the time of the signing of this contract and which are actually damaged due to construction of this project, but in no case shall damages be paid for more than one year's crop. The OWNER agrees to make a reasonable attempt to harvest any crop so as to mitigate the crop damage. If any other party shall hold any encumbrance against the aforementioned property at the time of delivery of the aforementioned property, such payments as are due under this contract shall be made to the OWNER jointly with the party or parties holding such encumbrance, unless said party or parties holding such encumbrance shall have in writing waived his/her right to receive such payment. Expenses for partial release of mortgages will be paid by the STATE, if required. This contract shall be binding on both parties as soon as it is executed by both parties, but should none of the above real estate be required, this contract shall terminate upon the payment of$10.00 by the STATE to the OWNER. This contract may be executed in more than one copy, each copy of which, however, shall serve as an original for all purposes, but all copies shall constitute but one and the same contract. REMARKS THIS IS A LEGAL AND BINDING CONTRACT-READ IT. The representative of the STATE, in presenting this contract has given me a copy and explained all its provisions. A complete understanding and explanation has been given of the terminology, phrases, and statements contained in this contract. It is understood that no promises,verbal agreements or understanding, except as set forth in this contract,will be honored by the STATE. • Acquisition Contract, Page 2 • Jai - .' m�Lr1LA MATCH �'q �': _ •,,,,,,„`'t 1; O o c ' i] ' O O Iny 20plN m a F•/per n Ti1 MN Inm �O `o •heq 0UV QQ Z m w w Il® RO YY o .�� `fit O ..) �� 5 G y mV y lasso n a �g, y A o ' o� bG p0 u u m m m1 ^1 Ina Noss u '�����Y J!]1°m' • • • v m O�� a_ m m 1ym > a� I 1 -ti:•:�..•--,1._.,Or.- r':, ` it N, o 0 8= m ,`"iin«n iS - 1�' B u�ii :.;i`�\-�_4�• j `. �a of °? rn 4 If w.. ,, ,,,X \ $f > $ o • '3 ,-,T. 'z z �I { ��pi\ ����`�yv ��b� r 'n oof '11.-„i• \ 1 ' 4�! '§{'tli ��`t►0 tt , / 1 /// m; n O vo c� . 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'1:i JJ ' M . ::-!". .•:.:.•..•••:••.•:•:•:iv:-.if.,..;:•,•!.rk•..,.1.• : i• ,..•..i.,.)) . \ ,%›•-8,_. -,o Qks..... .0 Eqp.• 7-:, c ___.-..., ;4: • • }. t I r .,�j 1.L4_ ate_ ® a� . MATCH TO ROW SHEi•T 8 m Z U a• i. FTIN/SS NO.-TYPE: STATE OF NEBRASKA ORIGINATING O.E.: 69-0476147-3 DEPARTMENT OF ROADS 350 NAME: VOUCHER: City of Omaha VOUCHER ATTACHMENT ADDRESS: OWNERS 1819 Farnam Room 701 CITY: STATE: ZIP CODE: Omaha NE 68183 • • DATE: I . DESCRIPTION Project Number: 6-7(133) CN: 20107A Douglas County District 2 Permanent easement for channel construction & maintenance containing 0.57 acres, $ 600.00 net amount • Abstracting allowance 50.00 TOTAL $ 650.00 PE Tract: 31 Mtge: • Please include Social Security Number or Federal Identification Number above. VENDOR CERTIFICATION(Please sign original in ink) I HEREBY CERTIFY THAT THE GOODS OR SERVICES LISTED ABOVE ARE PROPER CHARGES AGAINST THE STATE OF NEBRASKA AND THAT PAYMENT HAS NOT BEEN RECEIVED OR PREVIOUSLY CLAIMED SIGNATURES AGENCY HEAD/AUTHORIZED AGENT: DATE: DR Form 38 c ?sa- CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the State of Nebraska, Department of Roads, requires a construction and maintenance easement from City owned property along the West Papio Creek near 168th and West Dodge Road for Project No. 6-7(133); and, WHEREAS, this resolution grants a permanent easement for channel construction and maintenance at the location detailed in the attached easement, which by this reference becomes a part herein; and, WHEREAS, this project will not have a negative impact on the public's use of said property; and, WHEREAS, the State of Nebraska, Department of Roads will pay the City of Omaha a total of$650.00 for the easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the City does hereby grant a permanent easement to the State of Nebraska, Department of Roads, for the purpose of constructing a channel and performing maintenance and authorizes the Mayor to sign all necessary documents to convey said easement. APPROVED AS TO FORM: Y ATTORNEY DATE 40_ P:\Prpp1\11789z.doc By 7/114?"1"C''') Councilmember Adopted !'AY 1 2001 7-Q.. jer � �ty Clerk f dam/ Approv- Mayor ' CD I �-' 2 d'� 7� ,. a bnD o p P c ?r p0+, `C 0 o Pit! o .0v�o 7CCD n S CD CDC P- O a `p C� C C (I) OZ O ►-ti p tom` s \cS c O O• O . 0 O O p