RES 1999-0739 - Agmt with Papio-Missouri River Natural Resources District for easement of levy/channel ROW on 72nd St north of Pacific St•
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A f+ RECEIVED Public Works Department
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°' �'�' Omaha,Nebraska 68183-0601
° 41- CITY Y CLERK (402)444-5220
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City of Omaha Don W.Elliott,P.E.
Hal Daub,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a resolution authorizing the Mayor to sign and the City Clerk to attest the
agreement between the City of Omaha and the Papio-Missouri River Natural Resources District. As
part of the 72nd Street widening project, a/k/a City Project S.P. 86-23, the City of Omaha will
construct and maintain a bridge and roadway and will need access to property owned by the Papio-
Missouri River Natural Resources District. The City of Omaha and the Papio-Missouri River
Natural Resources District have set forth their understandings and agreements with regard to the
easement agreement.
The Public Works Department requests your consideration and recommends your approval of this
Resolution.
Respectfully submitted, Referred to City Council for Consideration:
hi) /Viitoil
8:447 ye/f7
Don W. Elliott, P.E. Date Mayor's Office/Title Date
Director
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Register of Deeds Use
EASEMENT AGREEMENT FOR OCCUPATION OF LEVEE/CHANNEL RIGHT-OF-WAY
This agreement is entered into by and between the PAPIO-MISSOURI RIVER NATURAL
RESOURCES DISTRICT, a governmental subdivision of the state of Nebraska, with offices at
8901 South 154th Street, Omaha, Nebraska 68138-3621 (hereinafter called "the DISTRICT")
and the CITY OF OMAHA, A MUNICIPAL CORPORATION (hereinafter called "the CITY"),
whether one or more and regardless of gender.
WHEREAS, the CITY desires to install, operate, maintain and replace certain improvements, to-
wit:
Construction and Maintenance of Bridge and Roadway
(hereafter called "the Construction") in that portion of the DISTRICT's levee/channel right-of-way
in Douglas County, Nebraska, described as follows, to-wit:
(See attached Exhibit "A")
(such portion of the DISTRICT's levee/channel right-of-way hereinafter being called "the
Easement Area"); and,
WHEREAS, the DISTRICT is agreeable to grant a permanent easement for the Construction in
accordance with the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of their mutual covenants herein expressed, the
DISTRICT and the CITY agree as follows:
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1. The DISTRICT does hereby grant to the CITY and/or its successors and assigns, the
permanent easement and right to install, operate, maintain, repair and replace the construction,
in, under and through the Easerpe t Area, in accordance with the plans and specifications for
the Construction dated 4 f 11617 and prepared by Kirkham, Michael and Associates.
2. The DISTRICT's levee and channel facilities, and appurtenances thereto, which are
damaged or altered as a result of the installation, operation, maintenance, repair or replacement
of the Construction, shall be properly and immediately restored by the CITY to their "as built"
condition. This shall include but not be limited to the following:
a) all excavations shall be backfilled with same or comparable material and compacted to a
density at least equal to that of the adjacent levee,
b) all seeded areas which are disturbed shall be re-seeded and a vegetative cover acceptable
to the DISTRICT shall be established,
c) all materials, pipe, debris and other construction materials shall be removed.
3. The CITY agrees to pay the reasonable cost of all repairs of damages or rectification of
alterations to the DISTRICT's levee and channel facilities necessitated or caused by or arising
out of the installation, operation, maintenance, repair or replacement of the Construction, or the
use of the levee system by the CITY and/or its contractors. In the event any such facilities are
not restored to their "as-built" condition in accordance with Paragraph 2, above, within 30 days
after the DISTRICT shall have demanded the same in writing, the DISTRICT shall be authorized
or commission such repairs and, following demand therefor, shall have an action against the
CITY for the reasonable cost thereof, for the DISTRICT's associated administration costs, and
for such attorney fees and court costs as may be permitted by law.
4. The CITY agrees to indemnify and hold the DISTRICT harmless from and against any
and all liability, causes of action, claims and expense for personal injury or property damage
arising out of or occasioned by.the use of the EASEMENT AREA by the CITY pursuant to this
Easement Agreement, except as may be caused solely by the negligence of the DISTRICT, its
agents and employees.
5. Except as provided herein, the CITY shall be responsible for obtaining rights of ingress
and egress to and from the Easement Area. Any use by the CITY of the DISTRICT's levee for
vehicular traffic shall be limited to the Easement Area, and shall be limited to 3/4 ton rated
pickups and automobiles (except in the immediate work area).
6. The CITY agrees to reimburse the DISTRICT for all costs incurred by the DISTRICT in
connection with the DISTRICT's inspection of the installation, operation, maintenance, repair
and replacement work permitted under this agreement, which inspection costs shall be itemized
and transmitted by the DISTRICT to the CITY within ninety days after their accrual.
7. The CITY agrees to notify the DISTRICT at least 24 hours prior to beginning any work in
the Easement Area.
8. Upon completion of installation of the construction or any replacements thereof, the
CITY shall furnish to the DISTRICT two copies of "as-built" plans for the Construction or
replacement.
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9. In the event the Corps of Engineers or the DISTRICT shall determine that it shall be
necessary to re-shape, relocate, or re-build its levee improvements in the Easement Area, and
in the event, in the determination of the DISTRICT, such work shall necessitate the removal, re-
installation, replacement, relocation and/or alteration of the Construction, the CITY agrees to
reimburse the DISTRICT upon demand for that part of the DISTRICT's cost for such work that
shall be determined by the DISTRICT to be attributable to such removal, installation,
replacement, relocation and/or alteration of the Construction.
10. The CITY shall maintain the Construction in a manner which will not interfere with the
continued operation and maintenance of the DISTRICT's levee and channel facilities, the level
of flood protection afforded by the DISTRICT's levee system to be maintained at all times.
11. The CITY assumes the entire risk of loss or damage to the Construction, from all causes
whatsoever, including flood or other natural disaster or act of God, and excluding only loss or
damage caused solely by the negligence of the DISTRICT or its officers and employees.
12. It is understood that this agreement does not include a warranty by the DISTRICT of its
title to the Easement Area or to the interest herein conveyed.
IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement on the
respective dates shown, such agreement to be effective upon the date the same has been
signed by all parties.
Papio-Missouri River Natural Resources District
Steven G. Oltmans, General Manager
CITY OF OMAH ;a Munici al Corporation
ATTEST:
/41Z By
City Clerk, City of Omaha Mayor, City of Omaha
APPROVED AS TO FO M:
3�3��
Associate City Attorney
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STATE OF NEBRASKA )
) SS
COUNTY OF )
On this /4 day of 1998, before me, a Notary Public in
and for said County, personally came the above- d STEVEN G. OLTMANS, General
Manager of the Papio-Missouri River Natural Res ces District, and he acknowledged the
execution of the above Easement Purchase Agreement as his voluntary act and deed and the
voluntary act and deed of said District.
WITNESS my hand and Notar Seal the date last aforesaid.
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Notary Public
GENERAL NOTARY-State of Nebraska
TOM LUND
R '_4-• My Comm.Exp.July 30,2000
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Project No. SP 86-23
Tract No. 56
Permanent Easement
A tract of Land located in the SE1/4 of the SE1/4 of Section 23,T15N, R12E of the 6th P.M.
Douglas County, and described as follows: Beginning at a point 172.52 meters (566.01 feet)
north and 15.24 meters (50.00 feet) west of the SE Corner of the SE1/4 of the SE1/4 of Section
23; thence N63°11'12"W a distance of 9.98 meters (32.74 feet); thence NO2°18'41"W a distance
of 45.22 meters (148.36 feet); thence N87°41'15"E a distance of 4.37 meters (14.34 feet); thence
NO2°11'30"W a distance of 10.43 meters (34.22 feet); thence S52°00'51"E a distance of 6.11
meters (20.05 feet); thence S01°58'14"E a distance of 56.55 meters (185.53 feet)to the Point of
Beginning.
Also,
A tract of land located in the SW1/4 of the SW1/4 of Section 24, T15N, R12E of the 6th P.M.,
Douglas County, and described as follows: Beginning at a point 147.35 meters (483.43 feet)
north and 15.24 meters (50.00 feet) east of the SW Corner of the SW1/4 of the SW1/4 of Section
24; thence N01°54'28"W a distance of 58.73 meters (192.68 feet); thence S75°10'11"E a
distance of 4.96 meters (16.27 feet); thence S02°18'41"E a distance of 49.78 meters (163.32
feet); thence S87°41'28"W a distance of 3.18 meters (10.43 feet); thence S01°51'02"E a distance
of 9.09 meters (29.82 feet); thence N52°09'48"W a distance of 2.49 meters (8.17 feet)to the
Point of Beginning and both containing 1,031.71 square meters(11,105.23 s.f.) more or less.
S:1%1152Utow Phase Ihract561perm ease.wpd
Project No. SP 86-23
Tract No. 56
Temporary Easement
A tract of Land located in the SE1/4 of the SE1/4 of Section 23, T15N, R12E of the 6th P.M.
Douglas County, and described as follows: Beginning at a point 222.54 meters (730.12 feet)
north and 19.89 meters (65.26 feet) west of the SE Corner of the SE1/4 of the SE1/4 of Section
23; thence S 87°41'15"E a distance of 4.37 meters (14.34 feet); thence N45°06'19"W a distance
of 11.46 meters (37.60 feet); thence N37°59'10"E a distance of 9.41 meters (30.87 feet); thence
S52°00'51"E a distance of 7.98 meters (26.18 feet); thence NO2°11'30"W a distance of 10.43
meters (34.22 feet) to the Point of Beginning.
Also,
A tract of land lo
cated in the SW1/4 of the SW1/4 of Section 24, T15N, R12E of the 6th P.M.,
Douglas County, and described as follows: Beginning at a point 145.76 meters (478.22 feet)
north and 17.09 meters (56.07 feet) east of the SW Corner of the SW1/4 of the SW1/4 of Section
24; thence N01°51'02"W a distance of 9.09 meters (29.82 feet); thence N87°41'28"E a distance
of 3.18 meters (10.43 feet);thence S57°54'48"E a distance of 11.15 meters (36.58 feet); thence
S36°29'40"W a distance 10.17 meters (33.37 feet); thence N52°09'48"W a distance of 7.96
meters (26.12 feet)to the Point of Beginning.
Also,
A tract of land located in the SW1/4 of the SW1/4 of Section 24, T15N, R12E of the 6th P.M.,
Douglas County, and described as follows: Beginning at a point 204.65 meters (671.42 feet)
north and 20.00 meters (65.62 feet) east of the SW Corner of the SW1/4 of the SW1/4 of Section
24; thence S75°10'11"E a distance of 19.82 meters (65.03 feet); thence S58°18'02"E a distance
of 36.36 meters (119.29 feet); thence S47°11'27"W a distance of 45.66 meters (149.80 feet);
thence S53°19'22"W a distance of 3.58 meters (11.75 feet); thence N44°25'12"W a distance of
20.94 meters (68.70 feet); thence N54°19'25"W a distance of 33.21 meters (108.96 feet); thence
N68°49'00"W a distance of 41.58 meters (136.42 feet); thence S02°18'41"E a distance of 8.01
meters (26.28 feet) to the Point of Beginning and all containing 773.21 square meters (8,322.76
s.f.)more or less.
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SE1/4 SEI/4
SEC. 23 715N T12E
11.46 137.601
/ N45'06'I9'W /
10.43 134.22'1 9.41 130.87'1/
45.22 1148.36') / NO2.1I'30"W N37.59'10"E
NO2'IB'1I"W 4.37 114 34') /
9.98 132.74') N87.41'15"E /
N63.11'12"W /
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56.55 1185.53'1•
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172.52 1566.01'1 - 72nd STREET
I 147.35 1483.431
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58.73 1192.68') 4.96 116.271
N01.54.28"W 575'10'11"E
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5J6.29'40"W 9.09 129.82'1
S01.51'02"E 19.82 165.031
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S57.54'48"E
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- / N54.19'25"W
SWI/4 SW1/4
SEC. 24 1.15N T12E
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LAND ACOUISITION PROJECT NO. SP 86-23
:''"'" PERMANENT EASEMENT 1031.71 (1 1 105.23) TRACT NO. 56
//% TEMPORARY EASEMENT 773.21 (8322.76) DATE: Jan I I, 1999
LEGEND: S.M. (S.F.)
OWNER: NATURAL RESOURCES DISTRICT LEAD AGENCY:
CITY OF OMAHA
PI'PI Ir wrPIec (1GPA73T.IACMT
C-25A CITY OF OMAHA
.4
LEGISLATIVE CHAMBER 1
Omaha,Nebr March 23: 1999
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha has plans for the construction and maintenance of
a bridge and roadway on 72nd Street north of Pacific Street which includes the use of an easement
from the Papio-Missouri River Natural Resources District, a governmental subdivision of the State
of Nebraska; and,
WHEREAS, the City of Omaha, due to the construction and maintenance of the
bridge and roadway, will need access to a portion of the district's levy/channel right-of-way in 1
Douglas County; and, 1
WHEREAS, the City of Omaha and the Papio-Missouri River Natural Resources
District desire to enter into an agreement for the use of the District's levy/channel right-of-way in
• Douglas County, Nebraska; and,
WHEREAS, the District is agreeable to granting a permanent easement for the
construction and maintenance of the bridge and roadway; and,
WHEREAS, the City of Omaha and the Papio-Missouri River Natural Resources
District has set forth their respective understandings and agreements with regard to the permanent
easement for occupation of the levy/channel right-of-way.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, the Mayor is authorized to sign and the City Clerk to attest the attached
agreement between the City of Omaha and the Papio-Missouri River Natural Resources District to
provide for a permanent easement for occupation by City of Omaha of a levy/channel right-of-way
of the Papio-Missouri River Natural Resources District.
APPROVED AS TO FO M.
Ct_-J2- ` `C-` ?__ 52
331c19
ASSISTANT CITY ATTORNEY DATE
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Adopted MAR 2 3 1999 o--/
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