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Bike Trail and Train Depot Easementi --- — PARK STREET �, /r -- I; • -- I _ NEBRASKA STREET si- OR i 1 " =30' 0' 15' 30' 60' SCALE IN FEET LEGEND — — — — QUARTER SECTION LINE EXISTING PROPERTY LINE ® EXISTING ROW LINE ss EXISTING SANITARY SEWER y; EXISTING WATER MAIN EXISTING BACK OF CURB NOTE: DOCUMENTS WERE PREPARED USING THE MOST ACCURATE INFORMATION AVAILABLE. A TOPOGRAPHIC SURVEY WAS NOT PROVIDED FOR THIS PROJECT. Adaptive Reuse of the BLAIR TRAIN DEPOT at Lions Park 15th and Nebraska Streets Blair, Nebraska 68008 NDOR Project No.: ENH- 89(26) Control No.: 22355 ALLEY- POYNER MACCHIETTO • 1 ' : 1516 Curving Street Omaha, NE 68102 Ph: 402.341.1544 Fx: 402.341.4735 alleypoyner.com CONSULTANTS CIVIL ENGINEER OLLSON ASSOCIATES 4111 SOUIH 67TH SiR[ET. SLRTE200 OMAHA, HE 68106 (407)341.1116 / FAX: (402)341 -5895 STRUCTURAL ENGINEER LARSON ENGINEEWNG. INC. =32OLO MRL ROAD.SUTES OMAHA, NEBRASKA 68154 -2672 (404)9341276 / FAX: (4 02 4 93 4-0132 MECHANICAL ENGINEER MORfMEY ENGINEERNG, NC. 4940 NORTH IIBSIRM OMAHA. HE 68164 (402)491-4/" / FAX: (402]4914146 ELECTRICAL ENGINEER MORRMEY ENGNEIBdNG. M. 4940 NORM I18STREET OMAHA. HE 68164 (472)491.4144 / FAX: (402)4914146 9P IM'm . DOUGLAS HALVORSON L.A. -145 ss �1sl � 9TP Or NEe� REVISION DATE PROJECT NUMBER: 081 DD DATE: 10/05 /2010 COPYRIGHT 0 2010 A LLEY POYNE MA CCHIET T O ARCHITEC P.C. RIGHT OF WAY DRAWING SHEET: X I III - - - 1 _ A �— -- I I I I I 1 F7- RESOLUTION NO. 2011-6 WASHINGTON C OUNTY REGISTER OF DEEDS R! -, 41 R. N k COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION: DECLARATION AS TO USE WHEREAS; the City of Blair, Nebraska is the owner of BC ALL OF BLK 9 & PT OF VAC ST NE RR ROW 114 PC 1 Blair, Nebraska, and WHEREAS; said BC ALL OF BLK 9 & PT OF VAC ST NE RR ROW 114 PC 1�Blair, Nebraska, is now being occupied by the City Lions Park, and WHEREAS; The City of Blair hereby wishes to construct, operate, and maintain a bike trail and restored train depot across a portion of said property, and WHEREAS; The bike trail and restored train depot is to be constructed as part of Nebraska Department of Roads project ENH- 89(26), Control Number 22355, and identified as Depot In The Park, and WHEREAS; To comply with Federal Highway Administration 23 CFR 1.23(a) — "Interest to be acquired — The State shall acquire rights -of -way of such nature and extent as are adequate for the construction, operation, and maintenance of a project "; It is necessary for the City of Blair, Nebraska to declare that a portion of said property shall be used for the construction, operation, and maintenance of a Bike Trail and Restored Train Depot for a period of no less than twenty five years from the completion of its construction, and NOW THEREFORE, BE IT RESOLVED; that the Mayor and City Council of the City of Blair, Nebraska, hereby approves the use of a portion of said land owned by the City of Blair for the construction, operation, and maintenance of a Bike Trail and Restored Train Depot as shown on attached Exhibit "A ", and as aligned in project plans and specifications for Nebraska Department of Roads project ENH- 89(26), Control Number 22355, and identified as Depot In The Park, for a period of no less than twenty five years from the completion of its construction. COUNCIL MEMBER STEWART MOVED THAT THE RESOLUTION BE ADOP AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER STEWART. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, RYAN, CHRISTIANSEN, WOLFF, HALL AND JENSEN VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8TH DAY OF MARCH, 2011. fT REGISTER OF DEEDS :. !OMITM Pho to s tat Pr oofe d Scanned ATTEST: UV L� BRENDA WH EL R, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 8th day of March, 2011. BRENDA R. WHEELER, CITY CLERK Declarations as to Use A critical component of any federal aid public transportation project are the land rights needed to facilitate the construction operation and maintenance of the project in accordance with Federal Highway Administration 23 CFR 1.23(a) — "Interest to be acquired —The State shall acquire rights -of -way of such nature and extent as are adequate for the construction, operation, and maintenance of a project ". These rights ensure that the transportation facility, and the various components and features that they are comprised of, have a legal right to exist on the land and so that they cannot be displaced by a competing land use before a return on the investment has been realized. The transportation facility itself primarily consists of public roads, sidewalks, and multi use trails. Permanent supporting features of the transportation facility typically include items such as culverts, storm sewers, embankments, ditches, curb ramps, bridges, street lighting, traffic signals, sight distance, or any other items that if altered or removed could jeopardize the continued operation and maintenance of the facility as intended. Permanent land rights encompassing all of these features must be secured by, or made available to the sponsoring agency to ensure the transportation facility can meet its objectives and be eligible for federal aid. Because the transportation facility is a public use feature it must reside on public right of way or land that is dedicated for this use. Land that was previously purchased, platted, or otherwise dedicated for public right of way is available for the projects use. Similarly, permanent easement rights that are owned or are otherwise made available to the sponsoring agency may be used for the purpose for which they were acquired for. Rights for any additional areas that are required for the project will need to be acquired from the owning party through the standard design - appraisal- acquisition process or other acceptable means. At times the transportation facility, or a supporting feature of it, will require the use of property that is currently owned by the local public agency project sponsor. This land is available for project use if a purpose consistent with the project needs was either identified as part of the purchase, or was later identified through a declaration or dedication. Land that was simply purchased in the sponsoring agencies name, or for a purpose that is not consistent with the transportation projects needs, cannot readily be used for the project as is. Examples of this situation typically occur when the local public agency simply purchased the property in their name for some possible future use, because it became available on the market, or it was acquired for a non transportation use such as a park, school, library, city office, pool, retirement home, sports complex, maintenance yard, cemetery, etc. Because the project sponsor already has the ownership in these lands only the purpose or use consistent with the requirements of the project needs to be established and of record. This is typically done through the execution of a "Declaration as to Use" resolution by the sponsoring agency. This "Declaration as to Use" is processed by the sponsoring agency in accordance with their resolution execution procedures. One approved a copy must be placed on file at the register of deeds office. This must be accomplished in order for a right of way certificate can be issued for the project. The resolution language must indicate the legal description that geographically identifies the location of the land, the owner of the land, what is its currently used for (if applicable), who currently administers the land (if applicable), the portion that will be declared for transportation use, the project number(s) the transportation facility is being built under (State's and LPA's if used), a reference to Federal Highway Administration 23 CFR 1.23(a), and length of duration declaration is in affect (perpetuity or minimum of 25 years from completion of its construction). The portion that is to be declared for transportation use is usually identified on a survey plat attached as an exhibit, or geographically described in the Declaration as to Use document itself. If the declaration is for a specific project feature that can be readily identified in the field such as a sidewalk or bicycle pedestrian trail an attached exhibit showing the location of the feature can be used instead of the survey plat or geographic description. In this case the reference to the project number(s) and Federal Highway Administration 23 CFR 1.23(a) establishes that any areas necessary for the construction, operation, and maintenance of the transportation facility, to including its supporting components and features, are included in the declaration. Example "Declaration as to Use" language is available from the Nebraska Department of Roads. These examples may be modified to reflect any language or formatting specific to the LPA. Draft Declaration language should be reviewed and approved by Nebraska Department of Roads officials prior to the LPA passing the resolution to be sure it meets the project needs.