RES 2000-2119 - Storm sewer easement to Benson Park Plaza LLC 1 . 2eg. a�f 7
o`� e+ E C E Q Public Works Department
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1f 111 Omaha/Douglas Civic Center
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�® [Ytw Omaha,Nebraska 68183 0601
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, (402)444-5220
oR ��ti I 1 1 CLERK Telefax(402)444-5248
4r.. FEBR�r Y-1(-'�, ' ,l Cr Don W.Elliott,P.E.
City of Omaha Public Works Director
Hal Daub,Mayor
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution granting a storm sewer easement to the Benson Park Plaza,
L.L.C. While most of the easements needed for this project were granted during the approval of
the plat, it was found that an easement is required to drain storm water detention during
construction and later on storm water runoff from the parking lot. Due to an oversight, that
easement was not requested nor granted during the platting.
The exact location of the easement is detailed in the easement document. Generally, it is in the
northeast corner of the project and will drain the storm water from the Benson Park Plaza into an
existing natural drainageway in the Benson Golf Course just east of the property. There will be
energy dissipation structures constructed at the discharge point to reduce the possibility of
erosion, including a flared end pipe and gabions. Benson Park Plaza, L.L.C. will be responsible
for the construction, repair and maintenance of the structures in the easement.
The Public Works Department requests your consideration and approval of the attached
Resolution.
Respec ' ly submitted,
6)tc....i. -Yl56
a . Foster, Acting Director ate
Parks, Recreation& Public Property
Approved: Ifexr d to C Coun ' fo Considerat'on:
._______ \ yt ..---___OL(JkAr ‘,-;--dii ica I ) /2 ilu
Don W. Elliott, P.E. 'Date Mayor's Office/ itle Zo S Date
Public Works Director
Approved as to Funding: •
4 tt kThemA'--\ /00
, .
Stanley P. Ti/ Date
Acting Finance Director r
P:\PW\10757skz.doc4111
STORM SEWER EASEMENT
This grant of Easement is made as of the day of June,2000 by the City of Omaha,
Nebraska, a municipal corporation, herein referred to as "Grantor" in favor of Benson Park Plaza,
L.L.C., a Nebraska Limited Liability Company, hereinafter referred to as "Grantee".
WITNESSETH:
That Grantor, in consideration of the sum of one dollar($1.00)and other good and valuable
consideration, to Grantor in hand paid by said Grantee, the receipt which is hereby acknowledged,
does hereby grant, sell, and convey unto Grantee a Storm Sewer Easement for the construction,
reconstruction, repair, and maintenance of an underground storm sewer, and to make use of said
sewer system in such easement area for drainage into the existing creek, which easement area is
described as in, through, over, and under the real property more particularly described on Exhibit
A attached hereto and incorporated herein by reference. Said easement created herein is for the
benefit of carrying drainage discharge from Lot 7, Benson Park Plaza Replat 1. No buildings or
structures shall be placed in,over,or across said easement area by Grantor,its successors,or assigns,
without the expressed approval of said Grantee.
Said Grantee, upon completion of any construction, reconstruction, repair, grading, or
maintenance work, within the easement area, shall put the easement area in a neat and orderly
condition. This easement is also for the benefit of any contractor, agent, employee representative
of the Grantee and as said construction or work.
If Grantee fails to perform its obligations hereunder, within fifteen days, after receipt of
written notice to cure, Grantor shall have the right to perform such obligation on behalf of Grantee
and be reimbursed for the reasonable costs thereof.
That said Grantor does hereby confirm unto said Grantee,and its successors and assigns,that
the Grantor is well seized in fee of the above described property,and that it has the right to grant and
convey this easement in the manner and form aforesaid, and that it shall warrant and defend this
easement to s.::;h Grantee and its assigns against the lawful claims and demands of all persons.
Tlt_s ins:-ument contains the entire agreement of the parties; that there are no other or
different agreements or understandings betweer..the Grantor and Grantee.
1
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IN WITNESS WHEREOF,said Grantor has hereunto caused this agreement to be executed
the date and year first above written.
CITY OF OMAHA, NEBRASKA, a
Municipal Corporation
ATTEST
By:
ty Clerk of the City of OmahaMayor of City of Omaha
jda
Acting
BENSON PARK PLAZA, L.L.C., a
Nebraska Limited Liability Company
By: Northwood Properties, Inc., a
Nebraska Corporation,its Manager
BY:
Randall Lenhoff, Vic resident
COUNTY OF DOUGLAS )
)ss
STATE OF NEBRASKA )
On this3&t.d_.day of , 2000, before me, a Notary Public in and for said
County, personally came-m44c-6.yrt It yoFof the City of Omaha and acknowledged the execution
thereof to be his respective voluntary at and deed as such person.
WITNESS my hand and Notarial Seal the day and year last above written.
A GENERAL NOTARY-Stale of Nebraska Lam_
�1I�I CYNTHIA I.FORD NotaryPublic
My Comm.Exp Aug.16,2003
COUNTY OF DOUGLAS )
)ss
STATE OF NEBRASKA )
On this 077iiiday of ( , 2000, before me, a Notary Public in and for said
County, personally came Randall Lenhoff, Vice-President of Northwood Properties, Inc., and
acknowledged the execution thereof to be his respective voluntary at and deed as such person.
WITNESS my hand and Notarial Seal the day and year last ab written.
GENERAL NOTARY-State of Nebraska Not ry Public
MPCbmmVAL� Me
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LEGAL DESCRIPTION
A permanent easement for drainage and storm sewers over that part of Northwest Quarter of
Section 1, Township 15 North, Range 12 East of the 6th P.M., Douglas County, Nebraska, described
as follows:
Commencing at the northeast corner of Lot 7, BENSON PARK PLAZA REPEAT 1, a subdivision, as
surveyed, platted and recorded in Douglas County;
Thence South 00'02'31" East (bearing referenced to the Anal Plat of BENSON PARK PLAZA REPLAT
1) for 120.44 feet along the east line of said Lot 7 to the TRUE POINT OF BEGINNING;
Thence South 51'38'33' East for 61.88 feet;
Thence South 00'02'28" East for 40.67 feet; t
Thence South 89'57'32" West for 20.00 feet;
Thence North 00'02'28" West for 31.01 feet parallel with and 20.00 feet southwest of the
penultimate line;
Thence North 5118'33" West for 36.36 feet to the east line of said Lot 7;
Thence North 00'02'31" West for 25.52 feet to the Point of Beginning.
Contains 1699 square feet.
Point of
Commencement 100 50 0 100
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�J Point of N •4. el ,
l Beginning �tiAI
ALot 7 o N :<:;;: y w Z W
14112....‹c: L::j b
N51'38'33"W (11
36.36' 20.00' �' o
• NO0'02'28 S89'57'32'W
31.01� I_u V 0
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0 98013\9813E101
cBook Page Date June 26, 2000 Dvvn By aet Job Number 98013.00-016
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'' 4 lamp, rynearson & associates, inc.
z § engineers surveyors planners I
,I, 14710 west dodge road, suite 100 ph 402.498.2498 1 I rms..
4.
omaha, nebraska 88184.2029 fax 402•498.2730
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— c_2SA` CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr August 1 , 2000
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: t
.71
WHEREAS, the Benson Park Plaza, L.L.C. development requires an easement to
safely discharge storm water from their property onto land owned by the City, which is also
known as the Benson Golf Course; and,
Si
WHEREAS, the City has previously granted certain easements and released other
easements during the platting of this project; and,
WHEREAS, this resolution grants an easement for the discharge of storm water at
the location detailed in the attached storm sewer easement, which by this reference becomes a
part herein; and,
WHEREAS, the Benson Park Plaza, L.L.C. will construct, repair and maintain the
storm sewer within the easement granted.
NOW, THEREFORE, BE TT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the City does hereby grant a storm sewer easement to Benson Park Plaza,
L.L.C. for the purpose of constructing a storm sewer and discharge system into a natural
drainageway within the Benson Golf Course.
- APPROVED AS TO FORM:
ATTORNEY E
PAPW\10758skz.doc
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