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
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.y 1819 Farnam Street,Suite 701
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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
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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
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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_
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Councilmember
Adopted !'AY 1 2001 7-Q..
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