|Geographic Area:||The following described real property, situated in Omaha, Douglas County, Nebraska, together with all buildings and improvements located thereon:|
Lots Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) in Block Five (5), in East Omaha Land Company's Subdivision, in the City of Omaha, Douglas County, Nebraska, being a subdivision of the South Half (1/2) of Lot Six (6) and the North Half (1/2) of Lot Fifteen (15), East Omaha Land Company's Land and described as being within the Northeast Quarter of the Southwest Quarter (NE1/4 of SW 1/4) of Section Twelve (Sec 12), Township Fifteen North (T 15
N), Range Thirteen East (R 13 E), Sixth (6th) Principal Meridian in Douglas County, Nebraska, formerly described as part of the Southeast Quarter of the Northeast Quarter (SE 1/4 of NE 1/4) of Section Twenty One (Sec 21), Township Seventy Five North (T 75 N), Range Forty Four West (R 44 W), Fifth (5th) Principal Meridian, Pottawattamie County, Iowa.
Lots Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16) and Seventeen (17), all in Block Five (5), East Omaha Land Company's Subdivision of Lots Six (6) and Fifteen (15), East Omaha Land Company's Land, an Addition to the City of Omaha, as surveyed, platted and recorded in Douglas County, Nebraska.
Lot 3, Open Door Mission Addition, as surveyed, platted and recorded in Douglas County, Nebraska.
|Text::||Land Use Limitations|
There are three types of caps at the Property: 1) an asphalt/concrete cap is in use in some areas; 2) the existing building(s) on the Property serves as a cap for the area covered; and 3) the clean soil cover placed on unpaved portions of the Property pursuant to the environmental response project, as hereinafter described. As long as the foregoing caps are maintained at the Property there shall be no land use limitation on the use of the Property.
Lead impacted soils may exist beneath the building(s) and the asphalt/concrete paved surfaces (see Appendix B). If any portion of the building or asphalt/concrete paved surfaces will be demolished or removed, potential lead-impacted soils beneath these features must be addressed appropriately and the work approved by the Agencies. Construction limitations in these areas may apply.
Unpaved areas of the Property are being remediated to a depth of 12 inches to 24 inches below ground surface through a process of excavation of the contaminated soils and replacement of those soils with clean soil. Brightly colored geotextile fabric are being placed at the base of the excavation prior to the placement of the clean soil to demarcate the depth of excavation and the potential presence of lead-impacted soils below that point. If the demarcation fabric or soils beneath the demarcation fabric are disturbed and remain in the disturbed area, the demarcation layer must be replaced and impacted soils addressed appropriately and the work approved by the Agencies. Construction limitations may apply.
The fee simple owner of the Property will be responsible for the maintenance, repair or replacement of the soil cover in the unpaved and remediated areas and shall maintain the integrity of all development-oriented barriers, i.e., building, asphalt or concrete covers installed on the Property.
Prior to the start of any construction activities at the Property that will disturb lead-impacted soils, approval must be obtained from the Agencies.
In general, any lead-impacted soils should be treated, capped or disposed of appropriately and any cap/barrier should be maintained appropriately in perpetuity.
Anyone engaged in subsurface activities at the Property, such as utility or construction workers, must be notified of the presence of residual contamination.
A Health and Safety Plan which addresses work to be conducted in lead-impacted soils at the Property must be developed prior to the start of construction.
Removal or management of lead-impacted soil areas must be completed by personnel with a level of Occupational Safety and Health Administration (OSHA) Hazardous Waste Operations (Hazwoper) training appropriate to the work being performed.