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October 3, 2019 SUBJECT: Beltline Trail Interlocal Agreement with City of Omaha and Omaha Municipal Land Bank

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October 3, 2019 SUBJECT: Beltline Trail Interlocal Agreement with City of Omaha and Omaha Municipal Land Bank MEMORANDUM TO: Programs, Projects, and Operations Subcommittee FROM: Eric Williams, Natural Resources Planner DATE: October 3, 2019 SUBJECT: Beltline Trail Interlocal Agreement with City of Omaha and Omaha Municipal Land Bank The purpose of this Interlocal Agreement is to specify the terms and conditions upon which the City of Omaha, Omaha Municipal Land Bank, and the NRD will collaborate to design, develop, construct, operate and maintain the Beltline Trail. This project is generally located from Hamilton Street at Military Ave, to 31st and Sprague Street. The corridor of the former railroad known as the “Omaha Beltline” has been vacant for multiple decades, and has been repeatedly identified in planning documents as a potential location for development of a combined recreation and active transportation corridor. The most comprehensive work on this concept was completed in 2012 by the nonprofit design group Emerging Terrain, but no action was taken on land acquisition or construction on any of the former railroad property. Creation of the Omaha Municipal Land Bank provided an organization with the specific purpose “to serve as a catalyst for transforming distressed properties into community assets.” Beginning in 2017, NRD staff met with the Land Bank and other organization to discuss what steps would be necessary to move forward with the concept of the trail corridor. A preliminary design document highlighted that strategic acquisition of properties from relatively few owners would allow for connection between many major community features; Walnut Hill Elementary School, City Sprouts (nonprofit community garden), Omaha Permaculture, King Elementary School, Adams Park, Malcolm X Memorial Foundation, North Omaha Transit Center. In addition, the Beltline Trail would join the existing trail along Paxton Boulevard which connects to Fontenelle Park, and the North Omaha Trial which is currently being designed by the Omaha Planning Department. The Beltline Trail is a rare opportunity in northeast Omaha for the NRD to invest in access to natural resources in a dense, urban neighborhood. Previous cost share projects by the NRD have supported work at Fontenelle Park. Both Fontenelle Park and Adams Park have seen significant renovation as part of the CSO program, and the ability to connect between these two regionally significant natural areas is a unique benefit of the Beltline Trail. This Interlocal Agreement indicates responsibilities for each of the partner organizations. The Land Bank will maintain the property which has been recently purchased following the conceptual layout of the Beltline Trail. The Land Bank will dedicate their property to the City of Omaha, and the City will acquire other property needed for the trail. The NRD would reimburse the City for the dedication and acquisition costs. The NRD will design and construct the trail, at its expense, in collaboration with the City of Omaha, and other stakeholders in the area. At the conclusion of construction, ongoing operations and maintenance will be carried out by the City of Omaha. It is expected that design of the trail will occur over the winter of 2019, with plans sufficiently ready for funding of construction to be included into the FY 2021 NRD budget. Numerous community organizations have been involved in planning processes related to the Beltline Trail over the years. Letters of support for this project are attached. • Management recommends that the Subcommittee recommend to the Board of Directors that the General Manager be authorized to execute the proposed Interlocal Cooperation Agreement with the City of Omaha, and Omaha Municipal Land Bank for the Beltline Trail, subject to changes deemed necessary by the General Manager and approval as to form by District Legal Counsel. parcels arehighlightedinorange. from publicright-of-way.Private are encouragedtoviewthecorridor trespassing onprivateproperty.You Emerging Terraindoesnotcondone WALKING TOUR NORTH SECTION BELT LINE OMAHA NW Radial Hwy Radial NW Country Club Ave Club Country Metcalfe Park Metcalfe Lake Underwood Ave Underwood Leavenworth St Leavenworth Blondo Charles 50th St 50th St 50th 50th St Ohio 49th 49th Grant 49th Capitol 48th Rd Creek Saddle Douglas Happy Hollow 48th Fontenelle Park Fontenelle 47th 46th Fontenelle Blvd 46th Izard 45th Nicholas 45th Lafayette 45th 45th Saddle Creek Rd 45th Franklin Ruggles Seward UNMC Ohio 44th 44th Ave Military 44th Patrick 44th Burdette California Parker Cass Miami Chicago 44th Grant 43rd Erskine 43rd North HighSchool 42nd 42nd St Lake Malcolm XMemorial Malcolm Davenport 42nd 42nd 42nd St Cuming St Emile 41st Dodge St Dodge 41st StHamilton 41st 41st 41st Corby 40th Walnut Hill Park Hill Walnut 40th St Maple Charles Seward 40th St Harney St Harney 40th 39th Spencer 39th Franklin Boyd Decatur Chicago Binney Parker Field Club Trailhead Club Field Wirt 39th 38th Dewey Erskine Park Bedford Ave Bedford 38th 38th Jackson 38th 37th 37th Jones John A Creighton Blvd 36th 36th 36th 36th Bemis Park 36th 36th Farnam St Farnam Pratt Burdette Patrick Manderson Gi ord Park Gi ord Grant 35th 35th Spaulding Paxton Blvd Adams Park Adams Blondo John A Creighton Blvd Yale Park Yale 34th 34th Burt Ruggles 34th Sprague Erskine 33rd Ames Ave 33rd 33rd 33rd Emmet Pinkney Evans Turner Park Park Turner 31st Spaulding Park Spaulding 31st Parker Lincoln Taylor 30th St 30th St 30th St Mile 1/2 INTERLOCAL COOPERATION ACT AGREEMENT BETWEEN PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, AND THE CITY OF OMAHA, NEBRASKA AND THE OMAHA MUNICIPAL LAND BANK FOR OMAHA BELTLINE TRAIL PROJECT ___________________________________________ THIS INTERLOCAL COOPERATION ACT AGREEMENT (“THIS AGREEMENT”) is made pursuant to the Nebraska Interlocal Cooperation Act, Neb. Rev. Stat. §§ 13-801 to 13-827, et seq., by and between the following parties (“the PARTIES”), to wit: the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT (“the NRD”); CITY OF OMAHA, NEBRASKA (“the CITY”); and OMAHA MUNICIPAL LAND BANK (“the LAND BANK”). RECITALS: WHEREAS, the NRD has the power and authority to develop and manage recreation and park facilities for public use pursuant to Neb. Rev. Stat. § 2- 3229(11), and pursuant to such authority, the NRD has developed and is developing recreational trails within its respective geographic boundary; and, WHEREAS, the CITY has the power and authority to develop and manage recreation and park facilities for public use pursuant to Neb. Rev. Stat. §§ 14-366, 14-101, et seq., and pursuant to such authority, the CITY has developed and is developing recreational trails within its respective geographic boundary; and, 1 HB: 4836-9357-2514.4 WHEREAS, the LAND BANK is a public corporation and a political subdivision of the State of Nebraska created pursuant to Neb. Rev. Stat. § 19-5204 to transform vacant, abandoned and tax-delinquent properties into a productive use; and, WHEREAS, the CITY operates and maintains over 120 miles of paved multi-use recreational trials within the CITY’s geographic boundary (the “CITY TRAIL SYSTEM”); and, WHEREAS, the PARTIES desire to expand and connect the CITY TRAIL SYSTEM with the development and management of a new mutli-use recreational trail over a certain northern portion of the now abandoned Omaha Belt Railway (the “BELTLINE TRAIL PROJECT”); and, WHEREAS, the PARTIES desire to provide herein for the cooperative development, design, construction, operation, maintenance, regulation and ownership of the BELTLINE TRAIL PROJECT and to specify the rights, duties and obligations of the PARTIES in connection therewith. NOW, THEREFORE, for and in consideration of the foregoing recitals and the mutual covenants of the parties hereinafter expressed, the PARTIES agree as follows: 1. PROJECT PARTICIPANTS. The BELTLINE TRAIL PROJECT shall be undertaken by the PARTIES, as provided herein, without any separate entity being created, and the duties and responsibilities of the PARTIES with respect to the BELTLINE TRAIL PROJECT shall be as defined by THIS AGREEMENT. 2. PROJECT LAND. The BELTLINE TRAIL PROJECT shall be constructed on parcels of land in Sections _____, all in Township _____, Range ______ of the 6th P.M. in Douglas County, Nebraska (“the PROJECT LAND”), conceptually depicted in the document attached hereto as Exhibit “A” and incorporated herein by reference. 2 HB: 4836-9357-2514.4 3. ACQUISITION OF PROJECT LAND. The LAND BANK shall dedicate the PROJECT LAND for the BELTLINE TRAIL PROJECT to the CITY upon written request by the CITY. The CITY shall pay all costs associated with the dedication of the PROJECT LAND from the LAND BANK and any other property needed to complete the BELTLINE TRAIL PROJECT. The NRD shall reimburse the CITY for the amounts paid by the CITY for the dedication of the PROJECT LAND and any other property needed to complete the BELTLINE TRAIL PROJECT within forty-five (45) days from the CITY’s written request, provided that the CITY provides sufficient documentation to support the reimbursement request. 4. SUBDIVISION OF PROJECT LAND. If certain portions of adjacent real property to the PROJECT LAND or PROJECT LAND require subdivision, the NRD shall assist the CITY and the LAND BANK with the subdivision process and the NRD shall pay all costs associated with the required subdivision of property. 5. GENERAL BENEFIT. The PARTIES do hereby find and agree that the BELTLINE TRAIL PROJECT, as herein described, will be of general benefit to the LAND BANK, CITY and NRD with only an incidental special benefit. 6. THE ENGINEERS. The NRD shall retain engineering consultants
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