RES 2000-0093 - Easement agmt with US West Communications / •,?5 ,024f4,,h;
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Parks, Recreation &
`i .1.f. Public Property Department
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Ao ,y^' (402)444-5900
�4Tfo FEBR3r� CITY C J i s7't`i FAX(402)444-4921
City of Omaha •
`'�
t-i`` :1: l l i ;+`, Larry N.Foster
Hal Daub,Mayor Actin January 11, 2000 g Director
Honorable President
and Members of the City Council,
The attached Resolution approves the granting of an easement, five feet in width and 80 feet in
length, to U. S. West Communications, Inc., in Lot 9 of Park View Heights Replat known as
Greentree Park.
The purpose of this easement will be to construct, operate, maintain, replace and remove its
underground telecommunication facilities, electrical facilities and gas facilities under and across
this property.
The attached drawing shows the exact location of the proposed easement as it relates to the
City's property.
In granting this easement, it is understood that the City shall maintain the right to construct park
facilities within the easement area,with proper notification to U. S. West.
The Parks, Recreation and Public Property Department has reviewed this proposed easement
request and recommends the acceptance of this Easement Agreement.
Your favorable consideration is requested.
Respectfully submitted, Referred to City Council for Consideration:
- --- )2/1 i�f I
11:1476i
arry N. oster, Acting Director Date Mayor's OfficeratN0 Date
Parks, Recreation and
Public Property Department
Approved as to Funding:
n..9:3Z4,t_.(t 51.(7\ k ---Z C-5D--e-407
Louis A. D
'Ercole Dat
Finance Director-
P:\PRPP\8100maf.doc
•
•
RECORDING INFORMATION ABOVE
R/W # 99208-01 NE
JOt1 82BB303
EASEMENT AGREEMENT
The undersigned Grantor(s) for and in consideration of ONE DOLLAR AND NO/1 00
Dollars($1 . 00 )and other good and valuable
consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey unto
U S WEST Communications, Inc., a Colorado corporation, hereinafter referred to as "Grantee"
whose address is 700 W.MINERAL AV,LITTLETON,Cots successors, assigns, lessees,
licensees and agents a perpetual casement to construct, reconstruct, modify, change, add to,
operate, maintain and remove such telecommunications facilities, electrical facilities and gas
facilities, and appurtenances, from time to time, as Grantee may require upon, over, under and
across the following described land situated in the County of Df)I)GLAS , State
of NEBRASKA , which the Grantor owns or in which the Grantor has any interest.
to wit:
SEE EXIII13IT"A"&"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
Grantor further conveys to Grantee the following incidental rights:
(1) A tem ry right-of-w to be used duri ll periods of co ruction,
reconstruction, r ' orcement, rep ' id removal upon a p of land feet wide on
feet wide 9,4 1e s' of, and a strip of la feet wide the side of
said a rent.
(2) The right of ingress and egress over and across the lands of Grantor to and from
the above-described property,and-the-r-ight-to-elear-and---lee
treesether-ebstruetions-as-rnay-be--necessary-fer4he-Grantee's-use-and-enjoyment-ef-the- rang-arety
Grantee shall indemnify Grantor for all damage caused to Grantor as a result of Grantee's
negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility
for pre-exisiting environmental contamination or liabilities.
Grantor reserves the right to occupy, use and cultivate said easement for all purposes not
inconsistent with the rights herein granted.
Grantor covenants that he/she/they is/are the fee simple owner of said land or in which the
Grantor has any interest and will warrant and defend title to the land against all claims.
•
•
Grantor agrees to notify Grantee prior to any excavation, earth filling, or construction of
buildings, trails, paving or other structures within the easement or the adjacent area.
•
The rights, conditions and provisions of this casement shall inure to the benefit of and be binding
upon the heirs executors, administrators, successors and assigns of the respective parties hereto.
ROOT-076t Page 1 Of 4
(1-961
1 1
• RECORDING INFORMATION ABOVE
Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in
accordance with the applicable rules of the American Arbitration Association, and Judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction
thereof. The arbitration shall be conducted in the county where the property is located.
Dated this day of , 19
CITY OF OMAHA
G antor (Official name of company or
Corporation)
Gra tor ,
By
�Its
Grant.,r ft
I BAL]
Grantor Attest
Secretary of Corporation
(In.-vidual Acknowledgment) (Corporate Acknowledgment)
• STATE 0 } STATE OF NEBRASKA
) ss ) ss
COUNTY 0 } COUNTY OF DOUGLAS
The foregoing instrument was The foregoing instrument was
acknowledged be ore me this day acknowledged before me this 6, day
of 19 , by of , 19Z0o0, by
441 )mob , NA '4sjcR
of 011,-00-0,ti Aii$K.015101
a intLMG
[SEAL] corporation, on behalf of the corporation.
GENERAL NOTARY-Slate of Nebraska
Li DRINKER HARDING
"' ••: y Comm.Ex,.AugNotary Public —
3l,2000
My commission expires: 7441�-
r
Notary Public
My commission expires: • /, 2
R/W # 99208-01 NE Job= 82BB303
Exchange OMAHNEFO County DOUGLAS
1/4 Section SW Section 6 Township 12 Range 15
RO01.0261 ii(3 lD ED AJ ID FORM,-.
(I.96) /// 4
)) /' . ll l Page 2 of
AS16T-NT CITY ATTORNEY-
USWEST EASEMENT EXHIBIT "B"
LOT 9, PARK VIEW HEIGHTS
129TH AVENUE & MEREDITH AVENUE
A STRIP OF LAND, 5 FEET IN WIDTH, SITUATE IN LOT 9, PARK VIEW HEIGHTS
REPLAT, A SUBDIVISION AS SURVEYED, PLATTED AND RECORDED IN DOUGLAS COUNTY,
NEBRASKA, SAID STRIP DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH UNE OF SAID LOT 9, SOUTH 89 DEGREES
39 MINUTES 30 SECONDS WEST (RECORD BEARING), 702.50 FEET FROM THE NORTHEAST
CORNER OF SAID LOT 9 AND AT THE SOUTHWEST CORNER OF LOT 4, TRANQUILITY VIEW 4TH
ADDITION, A SUBDIVISION IN SAID DOUGLAS COUNTY; THENCE SOUTH 00 DEGREES 20
MINUTES 30 SECONDS EAST, 80.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID
LOT 9; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89 DEGREES 39 MINUTES 30 SECONDS
EAST, 5.00 FEET; THENCE NORTH 00 DEGREES 20 MINUTES 30 SECONDS WEST, 80.00 FEET
TO A POINT ON SAID NORTH LINE OF LOT 9; THENCE ALONG SAID NORTH LINE, SOUTH 89
DEGREES 39 MINUTES 30 SECONDS WEST, 5.00 FEET TO THE POINT OF BEGINNING.
SAID STRIP OF LAND CONTAINS AN AREA OF 400 SQ. FT.
TRANQUILITY VIEW I
/ 4TH ADDITION I
/ I
/ LOT 3
LOT 4 I LOT 5
/ I
/ �0 Q�� S89 39'30'W
4)
702.50'
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PARK VIEW HEIGHTS
Scale: 1" = 30'
REPLAT
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SURVEYOR'S CERTIFICATE: •�c �0 ••�
I HEREBY CERTIFY THAT THIS PLAT, MAP,SURVEY OR REPORT WAS MADE BY •
ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY E : LS.G n ;
REGISTERED ND SUR YOR UNDER THE LAWS OF THE STATE OF NEBRASKA. • • J G
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L UIS R. I 0 NT LS. �j1421 ATED: '•%� •'9y° R�ck •• s
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R/W#99208-01 NE Louis Surveying LS
JO#8 2 B B 3 0 3 12100 West Center Road, Suite 522A
Omaha, NE. 68144 (402-334-7982) m
Page 4 of 4 Tflit-iAT
RECORDING INFORMATION ABOVE
R/W# 99208-01NE
EXHIBIT "A"
LEGAL DESCRIPTION: Part of Lot 9 , Park View Heights Replat, a sub •
-
division as surveyed, platted and recorded in Douglas County, Nebraska
described as follows : Beginning at the Northeast corner of said Lot 9 ;
thence S 0°16 ' 36" W (assumed bearing) on the East Line of said Lot 9,
80 .00 feet; thence S 89°39' 39" W on a line 80 . 00 feet South of and
parallel to the North line of said lot 9, 1304 . 60 feet to a point on
the West line of said Lot 9; thence North on said West line, 152 .42 feet
to a point on the South R.O.W. line of 127th Street; thence East on
said Routh R.O.W. line, 75 .00 feet to a point of curve; thence North-
easterly on said Southerly R.O.W. line on a curve to the left (Radius
being 490 . 56 feet, chord bearing N 57°21 ' 52" E, chord distance 529 . 11
feet ) an arc distance of 558 .84 -feet; thence S 26°32 ' 47" W. 397 .77 feet
to a point on said North line of Lot 9 ; thence N 89°39 ' 30" E on said
North line, 962 . 38 feet to the point of beginning. (Containing 3 . 34
Acres more or less ) .
EASEMENT DESCRIPTION: SEE EXHIBIT "B"
JOB # 82BB303 EXCHANGE: OMAHNEFO
COUNTY: DOUGLAS 4SECTION: SW
SECTION: 6 TOWNSHIP: 12 RANGE: 15
Initial
Page 3 of 4
c 2s CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 1:
WHEREAS, the City is the owner of certain land, more particularly described as
Lot 9 of Park View Heights Replat known as Greentree Park; and,
WHEREAS, U. S. West Communications, Inc., desires to construct, operate,
maintain, replace and remove its underground telecommunication facilities, electrical facilities,
and gas facilities in a portion of Lot 9 of Park View Heights Replat known as Greentree Park;
and,
WHEREAS, U. S. West Communications, Inc., has requested a permanent
easement and right-of-way for this purpose; and,
WHEREAS, no permanent damage to this City land will occur as the result of the
granting of such easement; and,
WHEREAS, attached hereto and incorporated by reference is an Easement
Agreement wherein the City of Omaha grants an easement to U. S. West Communications, Inc.,
in Lot 9 of Parkview Heights Replat known as Greentree Park; and,
WHEREAS,the Mayor has recommended the approval of such easement; and,
WHEREAS, the granting of such easement is in the best interest of the citizens of
the City of Omaha.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the attached Easement Agreement from
the City of Omaha to U. S. West Communications, Inc., to construct, operate, maintain, replace
and remove its underground telecommunication facilities, electrical facilities, and gas facilities in
a portion of Lot 9 of Park View Heights Replat known as Greentree Park, 129th and Meredith
Avenues, as shown on the attached map, is hereby approved.
P:\PRPP\8099maf.doc APPRO I AS TO FORM:
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