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RES 2000-1709 - SUP to allow tower at 17809 Fort St Site Name:180th & Fort LICENSE AGREEMENT Aliant Cellular Inc. d/b/a ALLTEL("Grantor"),for and in consideration of and as a condition of the granting of a special use permit by the city of Omaha, Nebraska("Grantee") grants a nonexclusive license to Grantee, to allow the Grantee access to and use of the Grantor's monopole located upon the property described on Exhibit"A" attached hereto ("the Property"), for Grantee's emergency broadcast system, provided that the monopole has the structural integrity to accommodate Grantee's telecommunications equipment, such equipment will not cause any signal interference with the existing equipment on the monopole, and Grantee's plans are approved by Grantor in advance. The License granted herein to the Grantee shall last only so long as (i) Grantor has the right to operate the communications facility mounted upon the monopole pursuant a lease with the Owner or Lessor of the Property; (ii) Grantor operates the communication facility on the monopole; (iii) Grantor has access and utility easements to the Property; (iv)the operation of the communications facility upon the monopole is in compliance with applicable federal, state and local laws, regulations and ordinances; and(v) the special use permit granted by Grantee to Grantor to erect and maintain the monopole on the Property and the communications facility thereon shall be in effect. The License shall terminate if, as and when, any of the foregoing conditions occur, including without limitation, Grantee or its successors or assigns shall cease to use the Property as a communications facility or the special use permit expires or is withdrawn, or if there is signal interference which is not cured within five days of notice thereof. This instrument contains the entire agreement of the parties and the Grantor, and may not be amended except in writing, signed by both parties. IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed this • /5 day of Y , 2000. ALIANT CELLULAR INC.d/b/a ALLTEL GRANTOR Mike Andrews, Cellular Network Operations Manager THE CITY OF OMAHA, NEBRASKA, a municipal corporation ATTEST:' A City Clerk Title: STATE OF NEBRASKA ) )ss. COUNTY OF LANCASTER) The above and foregoing instrument was acknowledged before me this /5 day of /Yl, e Aldvrw5, et/la/ay it%1'oak (Ip rd ' "z vr1y,.• , 2000, by Aliant Cellular Inc. d/b/a ALLTEL as Grantor. - GENERALNOWT-St�teotNebruin .4j �" �o A it: TERESE C.DOLEZAL (� •• My Comm.Ekp.hrtn t.2002 Notary Public STATE OF NEBRASKA ) )ss. COUNTY OF DOUGLAS ) The above and foregoing instrument was acknowledged before me this 34 day of , 2000, byW7«Ae 7Gt.-ia,& he City of Omaha, Nebraska, a municipal corporation, on behalf of the City of Omaha, as Grantee. ' GENERAL NOTARY-State of Nebraska l�i CYNTHIA I.FORD `-: IN Comm.Exp.Aug.16.2003 Notary Public EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST,QUARTER OF SECTION 4,TOWNSHIP 15 NORTH, RANGE 11 EAST OF THE 6TH PM,DOUGLAS COUNTY, NEBRASKA;THENCE SOO°00'00"W(ASSUMED BEARING) ALONG THE WEST SECTION LINE OF SAID SECTION 4 A DISTANCE OF 642.33 FEET; THENCE S90° 00'00"E A DISTANCE OF 561.67 FEET TO THE POINT OF BEGINNING,THENCE S90° 00'00"E A DISTANCE OF 39.50 FEET; THENCE S90°00'00"E A DISTANCE OF 40.00 FEET; THENCE S90°00' 00"W A DISTANCE OF 39.50 FEET;THENCE NOO°00'00"W A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.04 ACRES MORE OR LESS. Site Name:180th & Fort . LICENSE AGREEMENT Aliant Cellular Inc. d/b/a ALLTEL("Grantor"), for and in consideration of and as a condition of the granting of a special use permit by the city of Omaha,Nebraska ("Grantee") grants a nonexclusive license to Grantee, to allow the Grantee access to and use of the Grantor's monopole located upon the property described on Exhibit "A" attached hereto ("the Property"), for Grantee's emergency broadcast system, provided that the monopole has the structural integrity to accommodate Grantee's telecommunications equipment, such equipment will not cause any signal interference with the existing equipment on the monopole, and Grantee's plans are approved by Grantor in advance. The License granted herein to the Grantee shall last only so long as (i) Grantor has the right to operate the communications facility mounted upon the monopole pursuant a lease with the Owner or Lessor of the Property; (ii) Grantor operates the communication facility on the monopole; (iii) Grantor has access and utility easements to the Property; (iv) the operation of the communications facility upon the monopole is in compliance with applicable federal, state and local laws, regulations and ordinances; and(v)the special use permit granted by Grantee to Grantor to erect and maintain the monopole on the Property and the communications facility thereon shall be in effect. The License shall terminate if, as and when, any of the foregoing conditions occur, including without limitation, Grantee or its successors or assigns shall cease to use the Property as a communications facility or the special use permit expires or is withdrawn, or if there is signal interference which is not cured within five days of notice thereof. This instrument contains the entire agreement of the parties and the Grantor, and may not be amended except in writing, signed by both parties. • IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed this /5 day of / 'f Y , 2000. • ALIANT CELLULAR INC. d/b/a ALLTEL GRANTOR By:_y ___22 l�"-- Mike Andrews, Cellular Network Operations Manager THE CITY OF OMAHA, NEBRASKA, a municipal corporation B yq/�f 7. Title: STATE OF NEBRASKA ) )ss. COUNTY OF LANCASTER) The above and foregoing instrument was acknowledged bef re me this /.3 day of /12 de/�/idrewr, (1e//u/ar 4*&,wk $pivihans M9/. May- , 2000, by J , Aliant Cellular Inc. d/b/a ALLTEL as Grantor. J GERALNOTARY-Statea(Hebis a_ TEAESE C.DOLEZAL °� My Comm.E .June 7.2002 Notary Public STATE OF NEBRASKA ) )ss. COUNTY OF DOUGLAS ) The above and foregoing instrument was acknowledged before me this -34 4 day of ,2000, by 771a4.476.0(.6.4 ak -the City of Omaha, Nebraska, a municipal corporation, on behalf of the City of Omaha, as Grantee. III GENERAL NOTARY-State of Nebraska CYNTHIA 1.FORD My Comm.Exp.Aug.16,2003 Notary Pu lic_ • EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST,QUARTER OF SECTION 4, TOWNSHIP 15 NORTH,RANGE 11 EAST OF THE 6TH PM,DOUGLAS COUNTY, NEBRASKA;THENCE SOO°00'00"W (ASSUMED BEARING) ALONG THE WEST SECTION LINE OF SAID SECTION 4 A DISTANCE OF 642.33 FEET;THENCE S90° 00'00"E A DISTANCE OF 561.67 FEET TO THE POINT OF BEGINNING,THENCE S90° 00' 00"E A DISTANCE OF 39.50 FEET;THENCE S90°00'00"E A DISTANCE OF 40.00 FEET; THENCE S90°00'00"W A DISTANCE OF 39.50 FEET;THENCE NOO°00'00"W A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.04 ACRES MORE OR LESS. Omaha City Planning Department For Office Use Only APPLICATION Date Filed � Fee$ ,c1.40 i ZONING "I Receipt# 01 • ( ) Rezoning from to ( ) Conditional Use Permit (X ) Special Use Permit ( ) Site Plan Review ( ) Other Property Owner Larry & Kathleen Peterson PQd3.r88g Elkhorn, NF(pQR97 ( ?R9-727n (Name) (AA P ne) Aliant Cellular Inc. d/b/a Applicant ALLTFr 0 81 10q, T.iucnlm NE 68591-13a(�9 (402) 436-4278 ame (Address) (Z p) (Phone-day time) Representative Terri Dolezal, PO 81309, Lincan, NE 68501-1 3Q9 (407.) 43h-4278 (Finn Name) (Address-) op) llr�' oneJ) Contact Person Terri Dolezal General Location/Address 17809 Fort StrPPt- Legal Descriptiornhe West hat f of the Northwest Quarter of Section 4_, all in township 15 ,*North #Ra *A 1*, , ) ;p,4„ t C0l Proposed use type Ageless Tow r Site Existing Use Farm ground (See Article 3 of zoning code) AL Building and Parking Information J{� Landscaping Information • a. Total site area 1,580 sq. ft. j. Total area of street yard N/A sq. ft. b. Building coverage 228.33 sq. ft. k. Street yard landscaped area N/A sq. ft. c. Building coverage(b _a) 14 % - I. Street yard landscaped area(k+j) N/A % d. Maximum building height 10.5 ft. m. Parking lot area 2,475 sq. ft. e. Total floor area 211 sq. ft. n. Interior parking lot landscaping N/A sq. ft. f. Floor Area Ratio (e+a) .13 o. Interior lot landscaping (n _ m) N/A % g. Total paved area ---- sq. ft. Residential Uses Only h. Impervious coverage (b+g_a) 14 % p. Number of units i. Number of parking stalls N/A for multi-family: #of efficiencies #1 bedrooms #2 bedrooms s .ft./ q. Density (a _ p) unit r. Total floor area of any incidental office or commercial use sq. ft. If you have any questions about this application form, please contact the Current Planning Division at 444-5200. See attached Consent by T,andnwner oele ' • Owner's Signature Owner/Applicant Signature (If not the property owner,the applicant certifies with this signature to be the authorized agent of the property owner.) April 10, 2000 Terri Dolezal for Aliant Cellular Inc. d/b/a Date Submitted (Print or Type name of Applicant) ALLTEL Feb-96 I • ZONING • • All zoning applications will be presented at a public hearing before the Planning Board. Completed applications must be filed with the City Planning Department at least 23 days before the Planning Board hearing to assure timely review and to meet public notice requirements. Applications received after that time will be placed on the following Board agenda. Incomplete Applications Cannot Be • Processed. Call the Planning Department at 444-5200 for exact meeting dates and deadlines. Site Plan A general site plan, drawn to scale with dimensions, must be included as a part of the application. The site plan is required to show the following: The date, scale, north point, title, name of owner, and name of the person preparing the plan. The location and dimensions of boundary lines and easements. The location and size of public utilities to service the site. The location of major site features, including drainage systems with existing and proposed contour lines to display proposed grading, but in no case greater than at 5 ft. intervals. The location of site improvements, including signage; parking and loading areas; pedestrian and vehicular access (sidewalks, driveways, vehicle stacking lanes); service, display and storage areas. Location, size, height, bulk and use of existing and proposed structures on the site including storm shelters, if required. Landscape concept plan showing location and type of existing trees over 6 inches in diameter and proposed plantings, berms, bufferyards, screening, fencing and lighting • schemes. A traffic impact analysis may be required by the Public Works Director. Application Checklist Fees and Plans Required for Submittal Completed and signed application form Rezonings: Fee # Plans to AG, DR, R1 -R5 or MH $185 3 Filing.fee to R6- R8 365 10 all others 730 10 _ Site plan (18 x 24 max. preferred) Special Use Permits 330 10 Major Amendment 200 10 Traffic impact analysis Minor Amendment 75 2 Conditional Use Permits 140 10 Major Amendment 125 10 Minor Amendment 75 2 Site Plan Approval 55 5 Overlay District 355 10 Major Amendment 250 10 Minor Amendment 75 2 Special and Conditional Use Permits and Industrial Uses Please submit a statement describing the proposed use. This should include information about the hours of operation, number of employees and clients, type of programming or services, traffic • expected to be 9enerated, and any other pertinent operating and / or site development characteristics listed in Table 55-885 of the Zoning Ordinance. Use permit applications also require submittal of building elevations to show the general appearance of existing and proposed structures. A___lia nt Cellular d/b/a ALLTEL Operating Statement (Revised) The following is a summary of the Omaha checklist and an explanation of the documents, submittals, or exhibits in this section of the Application. a). Description of the proposed use, including information about the type of tower proposed The proposed use of this property is for a telecommunications facility. The Site will include a monopole (discussed further below) as well as three Tract (pre- designated) compound areas. Currently, two of the compound areas are planned to be occupied by ALLTEL and AWS. Those parties will place prefabricated equipment shelters in their compound areas. A third compound area has also been pre-designated for a possible future co-locator(please see attached site plan). b). The overall height, and any other pertinent operating and/or site development characteristics The overall height of the monopole itself is 100 feet, topped with a 5 foot lightning rod, for a total above-ground level height of 105 feet. The monopole to be designed to accommodate three (3) antenna arrays, under typical tower loading parameters. Additionally, the site is currently designed for three (3) carrier- compound areas. The monopole will be owned by ALLTEL, and will be physically located within the ALLTEL compound. c). Provision for a governmental access easement for a public safety and communications network ALLTEL, as owner of the proposed monopole, agrees to provide a governmental access easement for a public safety and communications network. AWS, as a co- locator on the monopole, does not have the authority to grant an easement for use of the monopole, but does not•object to ALLTEL's granting of the governmental access easement to the City of Omaha(see attached). d). Evidence that the tower is of sufficient structural integrity to allow for access and use of similar equipment of other firms provided the telecommunications equipment does not cause interference with the existing monopole As a condition of the special use permit ALLTEL will provide information from a licensed engineer showing that the monopole will be of sufficient structural integrity to support three (3) carriers under typical loading conditions. • A3 e). Draft lease agreement for other providers who wish to co-locate A copy of item 12 of the ALLTEUOWNER LEASE AGREEMENT was provided with the original application. This paragraph grants the Owner the right • to sublease to other co-locators. In addition, a signed copy of this lease without financial numbers will be placed on file in the City of Omaha Planning Department file. A copy of the co-location agreement between ALLTEL and any co-locator was also provided. This is also subject to further negotiation between ALLTEL and the proposed co-locating party, if necessary. An "INTENT TO PERMIT SHARED USE" document, signed by Mike Andrews the Network Operations Manger of ALLTEL was also provided previously. • . . k • c ai g—■q X‘giMm A.R„ a. „�,api pe pans, r„ 2 m • jVora as _�m VASV883N 'VHVWO �_ 1]]N1S 'NW 608L| | § § - 1 � ]]|]Oeld 8]MO1 2 G ti . 2.. ]1 S I3MO1 JV1n]]]D § . h \ V 2 i Is n §`! k §Ft /!(c. § ' /Q�a • j . ` .._.© - 08 [ ( ^aa�~ �"`>. . m / 2 E 2 § , p 2 % 11 - - -- - . . (4 1 - 4 I;� | \ I � /� �| I I \ . ION� /: 7. \ ...\ . ! dtV. |k A . md © a , $-) }q ( & / #& O �w 6aa . ` k§q ƒ0§ k . gSt IW ® ® ag p Gr `/ vi R.'7 /E7 . n 2»n ka k§ /§/ ) § W2 k| 22 § , 2 § N IE EXHIBIT "B" Page 1 of 1 Condition(s): 1. A revised site plan that shows the following: a) A tower that does not exceed 105 feet in height. b) Provisions for collocation for at least two (2) other providers including proposed ground space locations for the associated equipment. c) Compliance with all applicable zoning regulators. d) Relocated to within 1/8 mile of the intersection of 180th and Fort Streets. 2. A governmental access easement for a' public safety and communications network. 3. An annual report submitted each January to the Planning Department that discloses the location of each monopole and operating status. 4. A revised operating statement. 5. Compliance with the revised site plan and operating statement. P:\PLN 1\8851 maf.doc MOTION BY COUNCILMEMBER I hereby move that Council Document No. / 7 0 7 , Current Series, be amended as follows: Page 1, line 6, delete the figure "155"and insert in lieu thereof the figure "105". Page 1, line 16, delete the figure"155"and insert in lieu thereof the figure "105". APPROVED AS TO FORM: 6 2Z-6 Assistant City Attorney Date P:\PLN1\8969maf.doc i C OZ ..tt...-4.CI: cr Po cp NR, �' N n' ' Cho � . O \ cr • o O � O c CD • c-25A CITY OF OMAHA 6- 6Aa0/oo: LEGISLATIVE CHAMBER Omaha,Nebr RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Section 55-884 of the Omaha Municipal Code, provides for the granting of a Special Use Permit; and, WHEREAS, an application has been submitted by Aliant Cellular, Inc., d/b/a Alltell for a Special Use Permit to allow a Broadcast Tower in an AG-Agricultural District with a waiver of Section 55-783(a) Height exceptions to allow:a 105 foot high tower, located at 17809 Fort-Street, Omaha; Nebraska; and, WHEREAS, the City Planning Board has recommended that said permit be granted pursuant to the application, a copy of which is attached hereto as Exhibit "A" and made a part hereof-by this reference, and the conditions set out in Exhibit "B" attached hereto and made - a part hereof by this reference. NOW,.THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Special Use Permit application submitted by Aliant Cellular, Inc., d/b/a Alltell for permission to allow a Broadcast Tower in .an AG-Agricultural District with a waiver of Section 55-783(a) Height exceptions to allow a 105 foot high tower, located at 17809 Fort Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. BE IT FURTHER RESOLVED: THAT, the proposed Special Use Permit has been reviewed and evaluated. pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code. APPROVED AS TO FORM: P:\PLN 1\8968maf.doc -'CITY ATTORNEY DATE • e7/144.C) By Councilmember JUq 2 2010 c G - Adopted� - A� ! ,. P lerk Approved.._ ��/ Mayor a r J c •, i , . k.,\ _ ,... _ (1 up `-• -Z‘ = co cDoc Q. p '-n 'CD O cn pc- '� 3 �` 5. , iD \\ al cA = O �» O cl, • I to (� fD s-r 13 4--: -- c= . oo O • e- n O G. 0 -- ,-t 0 < G 0 0 0_ O O 0 , y = A ,. �y = = 0 0 c) CD CD +Cj 0 CAD '3 O0 .--�. ` r. C , , qc,„ c C) \j �• a' y x `2 `� C7 c' = 'o kilt„ o n 0 \"1 .1\, . Ws.,,\ ....c.-2 ,:: C 7• P.1'—3 ;t:1.".':1 3 := : .7.-. : =rm o i 0• .° -,:„. ,(i.,"; ' 1 .�l `+ S, `5. d = C• AD V,i ;�. ;,� C- O ci. 05- p : 7 LU• Ate. = j:-1�PT Z t, H __, it\ t. .cf• io9 N ' t \' 0 I i `' `4., NOTICE TO PUBLIC" TM THE DAILY RECORD "NOTICE OF HEARING FOR A SPECIAL USE PERMIT TO ALLOW A BROADCAST OF OMAHA TOWER WITH A WAIVER OF SECTION 55-783(a)HEIGHT EXCEPTIONS,TO RONALD A. HENNINGSEN,Publisher ALLOW A FOOT HIGHSWEC AN PROOF OF PUBLICATION AG-AGRICULTURAL DISTRICT,, LOCATED AT 17809 FORT STREET." Application,by Aliant•Cellular, Inc., dba Al!tell,requesting issuance.of.a special use UNITED STATES OF AMERICA, permit to allow a broadcast tower, with a The State of Nebraska, waiver of Section 55-783(a) height District of Nebraska, ss. exceptions,to allow a 155 foot high tower in ()study an AG-Agricultural District, located at 17809 of Douglas, Fort Street,legally described as: City of Omaha, The west half of the northwest quarter of Section 4,all in township 15 north, range JOHN P. EGLSAER 11 east of the 6th PM, Douglas County, NE. A copy.of said plan is available for public being duly sworn,deposes and says that he is inspection-in the City Clerk's Office. Public Hearing will be held before the City ADVERTISING MANAGER Council of the City of Omaha, in the Legislative Chambers,Omaha/Douglas Civic Center, 1819 Farnem Street, on June 20, of THE DAILY RECORD,of Omaha,a legal newspaper,printed and 2000 at 2:00 o'clock P.M.BUSTER BROWN, published daily in the English language, having a bona fidep paid City Clerk circulation in Douglas County in excess of 300 copies, printed in 6-9-00 _ 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 June 9, 2000 That s.,,;.• ewspaper during that time was regularly published and in _ ••-"• 41 Fjj ion in the County of Douglas, and State of N• t-a ,a,......., CFr P.••'GEN ERq''• F b Vr's Fee $ •��`.., de�--.. _ idAitfonae0FR, .. ... Su.: Ill :• in my presence an s rn to •• EXPIRE320.10 , before me this 9 t h day et If t� $ r e. June 00 li S '.4k 02.• llit��r-lTFOF NEE.w'--� h���� � Notary c in and for ty, State of Nebraska