ORD 40121 - Necessity of appropriating property for 2014 action plan at 1556 Florence Blvd F o�pHA NF8
`� Planning Department
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s Omaha/Douglas Civic Center
ur��t"� `�` ^ 1819 Farnam Street,Suite 1100
n®w'E2 �( Omaha,Nebraska 68183
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tto A (402)444 5150
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CITY CLERK James R.Thele
City of Omaha
Jean Stothert,Mayor C Q Q E B R Q�J K A Director
Honorable President
And Members of the City Council
The attached proposed Ordinance of Necessity authorizes the voluntary acquisition of a residential
property within the North Revitalization Strategy Area. The property is located at 1556 Florence Blvd.
and will be used to construct affordable housing.
The property owner has voluntarily agreed to sell the property to the City. The acquisition is voluntary
and not tinder the threat of eminent domain. However, in the event that the property owner cannot deed
the City warrantable title, this ordinance allows for a"friendly" eminent domain proceeding to clear title,
if necessary.
Any costs incurred will not exceed $62,000.00 and will be paid from the Fiscal Year 2014 Community
Development Block Grant, Fund 12186, Organization No. 128072, Project No. 4501, Task 10.1440,
Award 100184.
Your favorable consideration of this Ordinance is requested.
Sincerely, Referred to City Council for Consideration:
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mes R. TheleMayor's /1
Date Office/Title Date
lanning Director
Approved as to Funding:
Stephe urtiss Dat
Finance Director AMr�
2077caw-Cover Letter
ORDINANCE NO. . /(2/n2/
AN ORDINANCE declaring the necessity of appropriating,for the use of the City of Omaha,
certain hereinafter described property located at 1556 Florence Blvd., and legally described in the
attached purchase agreement, for subsequent use as a site for implementing the Consolidated
Submission for Community Planning and Development Programs FY 2014 Action Plan; provided
that as to each specified parcel, proceedings in eminent domain may be undertaken and
completed for the purpose of clearing title; to provide that notwithstanding any provisions of the
Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and
Patricia Hodge-Peak, Attorney-in-Fact for Ruth B. Williams, 3528 N. 29th Street, Omaha, NE
68111, to acquire the property for the sum of Sixty-two Thousand and 00/100 Dollars
($62,000.00) is approved; project costs will be paid from Community Development Block Grant,
Fund 12186, Organization No. 128072, Project No. 4501, Task 10.1440, Award 100184; and to
provide the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That it is proper and necessary, pursuant to the Nebraska Community Development
Law, to appropriate a vacant house located at 1556 Florence Blvd., and that these properties which are
necessary for such purpose is in Douglas County, Nebraska and is more particularly described in the
attached purchase agreement.
Section 2. That the City of Omaha is authorized, empowered and directed to negotiate,
through either employees of the City of Omaha or through persons employed therefore or through any
combination thereof, with the owners of the above described property for the acquisition of said property
by the City of Omaha for the aforesaid purposes. The City of Omaha is authorized, empowered, and
directed, through the Law Department, to proceed forthwith to acquire such property, by proceedings in
accordance with the laws of the State of Nebraska, under the power of eminent domain for purposes of
clearing title to each property when the property owner and the City of Omaha have reached an agreement
ORDINANCE NO. 4 7/4/
Page 2
for purchase by the City of Omaha. Any notice or notices in the name of the City of Omaha required to be
given the owners or other persons having any interest in and to the above described property may be
given by the Law Department of the City of Omaha.
Section 3 Notwithstanding any portion of the Omaha Municipal Code to the contrary, the
attached Agreement between the City of Omaha and Patricia Hodge-Peak, Attorney-in-Fact for Ruth B.
Williams, 3528 N. 29th Street, Omaha, NE 68111, to acquire the property at 1556 Florence Blvd., Omaha,
NE, for the sum of Sixty-two Thousand and 00/100 Dollars ($62,000.00) housing funds from Community
Development Block Grant, Fund 12186, Organization No. 128072, Project No. 4501, Task 10.1440,
Award 100184, is approved and payment is authorized.
Section 4. That the Mayor is authorized to execute any documents necessary to affect this
transfer.
Section 5. That this Ordinance, being not legislative in character, shall take effect upon the
date of its passage in accord with section 2.12 of the Omaha Municipal Code.
INTRODUCED BY COUNCIL MEMBER
�.GClA*01‘ APPROVED BY:
47Le_
AYOR OF THE CITY OF OMAHA 9AT
PASSED SEP 2 3 2014 7-0
ATTEST:
C CLERK OF E CITY OF OMA A
APPROVED AS TO FORM:
Az). CITY ATTORNEY DATE
2077caw-ordinance
CITY OF OMAHA
REAL ESTATE PURCHASE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT Patricia Hodge-Peak, Attorney-in-fact for Ruth B. Williams , hereinafter
referred to as SELLER(S), whether one or more, of the County of Douglas, State of Nebraska, in
consideration of the following promises, hereby agrees to sell and convey to the CITY OF
OMAHA, NEBRASKA, hereinafter called CITY, and CITY agrees to purchase, for the sum of
Sixty-two Thousand and NO/100 DOLLARS (S62,000.00), and other good and valuable
consideration, hereinafter referred to as CONSIDERATION, the property lying and being in the
County of Douglas, State of Nebraska, together with all buildings and improvements thereon, as
more particularly described below:
The South 1 foot of Lot 1, all of Lot 2, and the North 33 feet of Lot 3, Block 17, E.V. Smiths
Addition, an addition to the City of Omaha, as surveyed, platted, and recorded in Douglas
County, Nebraska, together with one-half vacated alley adjoining (commonly known as
1556 Florence Blvd.)
IT IS UNDERSTOOD THAT:
1. It is expressly understood that the City is entitled to immediate possession of the property
upon submission of the funds contemplated by this Agreement. Seller agrees that he will not
sublet the premises in the event that he vacates the same and that any changes in tenancy by
seller must be first approved by the City and that seller shall be liable for the payment of the rent
until the premises are delivered to the City free and clear of any tenants in possession.
2. The seller shall convey by Warranty Deed to the City of Omaha, a Municipal Corporation
in Douglas County, Nebraska, a valid title to the land satisfactory to the Attorney for the City,
free and clear of all mineral rights, easements, restrictions, leases, judgments, taxes, and
assessments, existing or inchoate, liens, tax liens and tax sales, or encumbrances of any sort
(subject, however, to the exceptions of existing easements specifically set forth in Paragraph 1
hereof), at the date of payment by the City of the purchase price, together with all buildings and
improvements, hereditaments, and appurtenances thereto belonging or in anywise appertaining
and together with all his rights, title and interest in and to any streets, roads, avenues, alleys,
alley-ways and rights of way, abutting or in anywise appertaining to the land herein described.
Said real estate (and any personal property contracted for), as of date of this Offer, and in its
present condition will be preserved and delivered intact at the time possession is given, except as
modified in writing by this Offer. Except, however, in case of loss or destruction of part or all of
said premises from causes covered by the insurance thereon, the City agrees to accept such
insurance recovery (proceeds to be applied as the interests of the parties appear) in lieu of that
part of the damaged or destroyed improvements and sellers shall not be required to repair or
replace same. The City shall thereupon complete the contract and accept the property.
3. The seller shall pay all Special Assessments and Tax Sale Liens whether spread on the
books, or not, of the Douglas County Treasurer whether the installments are due or not, and shall
pay all Preliminary Special Assessments which have been approved by final hearing of the City
Council of Omaha, Nebraska, and certified to the Treasurer of Douglas County, Nebraska.
4. Time is of the essence in this Agreement.
5. The contract shall apply to and bind the heirs, executors, administrators, assigns and
successors in interest of the respective parties.
6. Words and phrases herein, including any acknowledgment hereof shall be construed as in
the singular or plural number, and as masculine, feminine or neuter gender, according to the
context.
7. Payment of the purchase price specified in Paragraph 2 (but without any interest thereon)
shall be made upon conveyance to the City of title to the land and approval thereof by the
Attorney for the City, and shall be full and just compensation for all obligations of the City
hereunder and all claims which the seller may have or assert by reason of the possession or
occupancy of the land by the City, whether acquisition be by direct purchase or through
condemnation proceedings as provided in Paragraph 9 hereof
8. Eminent Domain. Because Federal funds may be used in the purchase, however,
we are required to disclose to you the following information:
8.1 The sale is voluntary. If you do not wish to sell, the City of Omaha will not
acquire your property.
8.2 The City of Omaha has not authorized the use of eminent domain to acquire your
property and will not acquire your property by condemnation (i.e., eminent
domain).
8.3 Seller acknowledges that seller has been informed by Buyer that the Appraised
Estimate of Value, is $62,000.00, as stated in the Disclosures to Seller with
Voluntary, Arm's Length Purchase Offer letter, dated July 31, 2014, and
delivered to Seller by Certified Mail, and that seller has further agreed that sale
of the property to Buyer for the amount of$62,000.00 as stipulated in paragraph
1, above is voluntary.
8.4 Since the purchase would be a voluntary, arm's length transaction, you would
not be eligible for relocation payments or other relocation assistance under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (URA), as amended, or any other law or regulation.
8.5 This offer is made on the condition that no tenant will be permitted to occupy the
property before the sale is completed.
9. This Purchase Agreement shall be binding on the seller for a period of ninety (90) days
from its receipt by the City at 1819 Farnam Street, Suite 1111, Omaha, Nebraska, or longer if
agreed by the parties. City may cancel this Purchase Agreement at any time. Until terminated,
this Agreement shall be binding upon the seller and his or her heirs, executors, administrators,
successors, or assigns.
10. The seller will pay One Hundred (100%) percent of real estate taxes due and owing for
the current year to date of closing.
11. All personal property that integrally belongs to or is part of said real estate, whether
attached or detached, shall be considered a part of real estate and included in this sale.
12. This Offer may be accepted by delivery or by deposit in the Post Office with prepaid
postage of a letter addressed to the seller at the address set forth herein, communicating to sellers
an acceptance of this Offer by the City.
13. It is agreed Cornhusker Title Company, will act as the Escrow Agent, and is authorized to
receive the payment for the purchase of the property from the Buyer and is further authorized to
pay from those funds all liens, special assessments against the property or Judgment against the
Seller that creates a lien on the property in order to receive full release of the lien against the
property, and will also pay taxes owed by the seller with the remaining balance of proceeds to be
paid to the Seller. Escrow Agent will disburse all funds and record all documents necessary to
complete the transaction. The Buyer shall pay One hundred (100%) percent of the Escrow
Agent's fee. Buyer shall pay One Hundred (100%) percent of the cost of the Title Policy.
14. Non-discrimination and Statement of No Personal Financial Interest of City Officials:
14.1 Neither myself nor the City shall, in the performance of this Agreement,
discriminate or permit discrimination against any person because of race, sex,
sexual orientation, gender identity, age, color, religion, political or religious
opinions or affiliations, national origin, handicap, familial status, in violation of
federal or state laws or local ordinances.
14.2 Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no
elected official or any officer or employee of the City shall have a financial
interest, direct or indirect, in any City Agreement. Any violation of that Section
with the knowledge of the party contracting with the City shall render the
Agreement voidable.
14.3 Parties to this Agreement shall conform with all existing and applicable City
ordinances, resolutions, state laws, federal laws, and all existing and applicable
rules and regulations. Nebraska law will govern the term and the performance
under this Agreement
15. Special Provisions:
15.1 The purchase price is subject to confirmation of value as established by a real
estate appraisal to be undertaken at the City's expense.
15.2 This Offer is subject to a marketable title in the name of the Seller. The City
shall purchase a title insurance policy at City's expense.
15.3 This Offer is subject to an Ordinance approved by the City of Omaha City
Council approving the purchase of this property.
15.4 Since the purchase would be a voluntary, arm's length transaction, you would
not be eligible for relocation payments or other relocation assistance under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (URA), as amended, or any other law or regulation.
15.5 This offer is made on the condition that no tenant will be permitted to occupy the
property before the sale is completed.
Executed at Omaha, Douglas County, Nebraska, this / - day of
August 2014.
Seller:
Ruth B. Williams
Patricihodge-Peak, Att rney-in-Fact f Ruth B. Williams
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Patricia H a ,
Attorney-i a for Ruth B. Willia 5
STATE OF NEBRASKA )
)SS
COUNTY OF DOUGLAS )
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The forgoing instrument was acknowledged before me this / day of
, A.D. 2014, by Pe -r-tr /40 e -.R -,114 , l=a-c '
NOTARY-State al Nab�lm 44 )4(i). ( TOPHER A.WNW
My Comm.Exp.Jaw 14,201S .f ��
NOTAR PUBLIC
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My Commission Expires -3141 0.0.4,-,i
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Executed at Omaha, Douglas County, Nebraska, this day of
2014.
Buyer:
City of Omaha
By:
Chris Wayne
City Planner
APROVED AS TO FORM:
A5 CITY ATTORNEY DATE
ts-
ORDINANCE NO. g /2/ •
AN ORDINANCE declaring the necessity
of appropriating, for the use of the City of
Omaha, certain hereinafter described
property located at 1556 Florence Blvd., and
legally described in the attached purchase
agreement, for subsequent use as a site for
implementing the Consolidated Submission
for Community Planning and Development
Programs FY 2014 Action Plan; provided
that as to each specified parcel, proceedings
in eminent domain may be undertaken and
completed for the purpose of clearing title;
to provide that notwithstanding any
provisions of the Omaha Municipal Code to
the contrary, the attached Agreement
between the City of Omaha and Patricia
Hodge-Peak, Attorney-in-Fact for Ruth B.
Williams, 3528 N. 29th Street, Omaha, NE
68111, to acquire the property for the sum of PRESENTED TO COUNCIL
Sixty-two Thousand and 00/100 Dollars
($62,000.00) is approved; project costs will 1st Reading SEP - 9 2014
be paid from Community Development 7,o /f/
Block Grant, Fund 12186, Organization No.
128072, Project No. 4501, Task 10.1440,
Award 100184; and to provide the effective Hearin SEP 1 6 2014 -Qv',t
PUBLICATIONS date hereof. may
2077caw
PUBLICATION OF HEARING Final Reading SEP 2 3 2014
Date f I Passed -
7 -
PUBLICATION OF ORDINANCE
BUSTER BROWN
Date l� /— / City Clerk