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RES 2014-1386 - Councilmembers Thompson, Gernandt, and Pahls assess damages to parties affected by vacation of part of alley north of Farnam St from 40th to 41st Sts O'�AHA NZe� i E C/ L I E D � Public Works Department 9 7 ,, ram, Omaha/Douglas Civic Center ,21r �EhC ^ �� OCT4 �; 1 1819 Farnam Street,Suite 601 Ars5",,t � November 4, 2014J Omaha,Nebraska.68183-0601 4 (402)444-5220 TEDFEBR"P CITY CLERK Fax(402)444-5248 City of Omaha O M 4 H A, N E R R A S K t Robert G. Stubbe,P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, On June 25, 2013, the City Council of the City of Omaha adopted Resolution No. 903 appointing, Franklin Thompson, Garry Gernandt, and Rich Pahls, members of the City Council, to assess damages, if any, to the owners and parties affected by the vacation of a street or alley within the City of Omaha. This Resolution is relative to the proposed vacation of six (6) inches of the east/west alley on the south, north of Farnam Street, between 40th and 41st Streets, adjacent to Lot 15 , Block 6, Jerome Park (4016 Farnam Street). The requirements provided in Section 14-375, Reissue, Revised Statutes of the State of Nebraska 1943, states, "Whenever the Planning Board recommends vacating a street or alley without petition, a Board of Appraisers will assess damages, if any, to owners affected by the vacation". This request is per Resolution No. 1016, adopted August 12, 2014, prepared by the Law Department. Six (6) inches adjacent to Lots 13 and 14 were vacated previously by Ordinance No. 40054, passed July 29, 2014. Lot 15 was inadvertently left out of the original request. The request is being made to clear title to the adjacent property as the existing building encroaches into the right-of-way. Respectfully submitted, This action has been reviewed and found to be in conformance with the Master Plan. 144,e4L' /© -/7- i y - .� a / � ,o/2(/I Robert G. Stubbe, P.E. Date ames R. Thele Date Public Works Director Planning Director Referred to City Council for Consideration: ion 260114scp Mayor's Office Date EMMEN ST " 24/8 0 �t c r rs ;lie iF,See N W k 5ec.20 15.13 Q, ___._._-�\ Cn ZI _ ;-i col . 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S it $ a M N t $ N ►a7.S v 'S 131` . .s ,55r •4514 w w roe '`.1▪ I -4v S �'Ns •� ��j cA ^iy iii to � 1b I 3, .di rz 4 ‘4 , ." �v▪ j 1 t k Vli t 112 10 _ A.. 7 rn +I . cy _I<�l;E:�a� u+ ' r ilil • oAHA,4 7 8 3 4°��`�, ����s � t /�f�� Public Works Department u4r ,/, ' � rt1`"�►, l �. F,` Omaha/Douglas Civic Center "'f liar. ", h AUG ZQ�4D � 1819 Farnam Street,Suite 601 r f` !; w '"'' RECEIVE h. • Omaha,Nebraska 68183-0601 R•rA '' QMANA,NEBR '� (402)444-5220 .0 PEB. ,ftt " Id• Fax(402)444-5248 City of Omaha �s �l �2 Robert G.Stubbe,P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, The attached Resolution refers to Ordinance No. 40054, passed July 29, 2014, which granted a vacation of a certain six-inch strip of City alley at 4016 Farnam Street. It has been discovered,that the legal description contained in that vacation ordinance is incorrect. The attached Resolution will state the Council's intent that the legal description be corrected, and that 'a vacation for the corrected legal description be processed as quickly as possible. Your favorable consideration is respectfully requested, Respectfully submitted, Referred to City Council for Consideration � •- � �� (60/! y Robert G. Stubbe, P.E. Date Mayor's Office/Title Date[ Public Works Director • Approved: ames R. Thel'e'• •- Date Planning Director PILAW-CITY COUNCIL DOCUMPzN'tS120I4130072dlm d#y lsl C-2$A ` CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: . i`", Si WHEREAS, on July 29, 2014, the City Council passed Ordinance NA.f 40054, vacating the south six inches of part of an east/west alley located north of Farnamm. treet between 40t1i and 41S`Streets, to accommodate the presence of a building encroaching to lid exte't; and, ;w ft-. WHEREAS,the encroachment was discovered during the preparation for a sale of the property adjoining to the south,4016 Farnam Street; and, WHEREAS,it has been found that Ordinance No.40054 contains an incorrect legal description of the six-inch-wide strip of alley to be vacated,in that it omitted the strip adjacent to Lot 15; and, WHEREAS,the City Council wishes to correct the legal description accordingly,and to order that the vacation of the additional strip be processed as quickly as possible. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the City Council intends to correct the inaccurate legal description of the six- inch-wide strip of alley vacated under Ordinance No. 40054,passed July 29,2014,so that the legal description of the entire strip to be vacated should read as follows: Six(6) inches of the east/west alley on the south,north of Farnam Street,between 40t1i and 41 St Streets,adjacent to Lots 13, 14,and 15,Block 6, Jerome Park, Omaha, Douglas County,Nebraska; and,that it is further ordered that a vacation with the corrected legal description be processed forthwith. AS TO FORM: . IJ :, 8-4. (.7 DEPUTY CITY ATTORNEY DATE MAW-CITY CoUNcIL DOCUMENTS12014130073d1m By 4�''"4>� CounciImember ' Adopted ^4IG 12..21. ..7-o ... .. .. . ........ . . ity Jerk /�� i Approve . .J4t.. ..- -r �✓ J I Mayor ,x ,,,, ,,"f((; ; ` 1.z1 • 1. N N O •8 'b N O . .44 N x rd4., t-1-.)4) g c 80a A w i 0 o • b C7 17'-' O �+ cd « U CS! .0-. -,.__1 .2 , i ki V 'b •• w '75 =C U ' ~ O 'O P p•', Z O N � 20 4 O - O �i N 00 N .L O , vJ ,O Page : 1 Document Name : untitled PARC 2272 0002 14 FB 15 STATUS 2 CLASS C EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F- PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 04016 FARNAM ST OMA 68131 OWNER OR TAXPAYER INFORMATION NAME CLARKSON REGIONAL HEALTH SERV DATE OF LAST CHANGE 10-06-2014 + C/O NEBRASKA MEDICAL CENTER BK/PG OR DOC# 2014 63109 ADDR 987400 NEBRASKA MEDICAL CTR HOMESTEAD DELETE CITY OMAHA ST NE ZIP 68198 NON NUMERIC ZIP CODE --- CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2008 03-10-2008 231400 1476500 1707900 IR OVER 1 ACRE IND OVERRIDE AMOUNT ADDITION NO. 18780 LOT 16 HALF BLOCK 6 HALF JEROME PARK SECT TOWN RANGE PLAT 0319 LEGAL DESCRIPTION LEGAL DESCRIPTION 1 LOTS 13-14 & 6 IN VAC ALLEY ADJ PER 2 ORD# 40054 & E 36 FT LOT 15 & W 8 3 S 56 FT LOT 15 & S 56 FT 4 5 6 8 PF1-ADFB PF5-PNFB PF6-PAFB Date: 10/16/2014 Time : 1 : 53 : 49 PM C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Resolution No. 903, adopted June 25, 2013, appointed Franklin Thompson, Garry Gernandt, and Rich Pahls, members of the City Council, to act as a committee to assess damages, if any, to such owners and parties affected by the vacation of any street or alley within the City of Omaha; and, WHEREAS, Section 14-375, Reissue, Revised Statutes of Nebraska, 1943, provides "Upon recommendation of the City Planning Board, the City Council may, by Ordinance or Resolution, vacate any street or alley within any such City without any petition being filed." It further provides that, "Before any such street or alley be vacated, the City Council shall appoint a committee of at least three members thereof who shall faithfully and impartially and after reasonable notice to the owners and parties interested in the property affected by such vacation, assess damages, if any, to such owners and parties affected"; and, WHEREAS, it is hereby declared proper and necessary to vacate six (6) inches of the east/west alley on the south, north of Farnam Street, between 40th and 41st Streets, adjacent to Lot 15, Block 6, Jerome Park(4016 Farnam Street); and, WHEREAS, on May 7, 2014, the City Planning Board recommended to the Mayor and City Council that the above described street or alley be vacated and that the three-member committee be assigned to appraise damages, if any. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, Councilmembers Franklin Thompson, Garry Gernandt, and Rich Pahls shall assess damages, if any, to owners and parties affected by the vacation of six (6) inches of the east/west alley on the south, north of Farnam Street, between 40th and 41st Streets, adjacent to Lot 15, Block 6, Jerome Park (4016 Farnam Street). Said committee shall give reasonable notice to the owners and parties interested in the property affected by such vacation. 260214scp APPROVED AS TO FORM: . ' & /, S CITY ATTORNEY DATE By 4/44i' Councilmember Adopted 'NOV — 4 2014 .- ity Clerk ///(p �/ Approved.,. ... . ... ... Mayor NO. ...... 3, Y- Resolution by • Res. that, Councilmembers Franklin Thompson, Garry Gernandt, and Rich Pahls , shall assess damages, if any, to owners and parties affected by the vacation of six (6) inches of the east/west alley on the south, north of Farnam Street, between 40th and 41st Streets, adjacent to Lot 15, Block 6, Jerome Park (4016 Farnam Street). Said committee shall give reasonable notice to the owners and parties interested in the property affected by such vacation. 260214Ascp r1 Presented to City Council NOV - 4 2014 Adopted gaiter ere tVFL City Clerk