ORD 40097 - Necessity for appropriating property at 1503-1507 1/2 Ohio St for 2014 Action Plan oMAHA.n
8 t , Planning Department
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Omaha,Nebraska 68183
(402)444 5150
Ok � Telefax(402)444 6140
James R.Thele
City of Omaha
Director
Jean Stothert,Mayor
Honorable President
And Members of the City Council
The attached proposed Ordinance of Necessity authorizes the voluntary acquisition of vacant residential
lots within the North Revitalization Strategy Area. The property is located at 1503-1507 %2 Ohio St. 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 under 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 $7,970.00 and will be paid from the Community Development Block
Grant, Fund 12786, 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:
4R- --� 7 17 i 51 GUbLL7I 7/z-spy
nes R. Thele, Planning Director Date Mayor's Office/Title Date
Approved as to Funding:
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es(teph Curtiss, Finan e Director Da
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2051 caw-Cover Letter
ORDINANCE NO.
AN ORDINANCE declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described property located at 1503-1507 '/2 Ohio Street, 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 Donna L. Thompson, 1682 Whitmore Street, Omaha, NE 68112, to acquire
the property for the sum of Seven Thousand Nine Hundred Seventy and NO/100 Dollars
($7,970.00) is approved; project costs will be paid from Community Development Block Grant,
Fund 12786, 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 vacant property located at 1503-1507 ''/ Ohio Street, 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. LMC)c/v
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 Donna L. Thompson, 1682 Whitmore Street, Omaha,
NE 68112, to acquire the property at 1503-1507 V2 Ohio Street for the sum of Seven Thousand Nine
Hundred Seventy and NO/100 Dollars ($7,970.00) using funds from Community Development Block
Grant, Fund 12786, 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
d4.44 APPROVED BY:
PASSED AUG 2 6 2414 — ) MAYOR OF THE CITY OF OMAHA DATE
ATTEST:
'✓�riY1a. VTY / _otJ2'
d4,,D j-y CITY CLERK OF THE C OF OMAHA
APPROVED AS TO FORM:
28:16Y
ASSISTANT CITY ATTORNEY DATE
2051 caw-Ordinance
CITY OF OMAHA
REAL ESTATE PURCHASE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT Donna Thompson , 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 Seven Thousand Nine Hundred
Seventy and NO/100 DOLLARS ($7,970.00), 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:
See Attachment "A" for legal description of properties commonly known as 1503, 1507, and
1507 `/2 Ohio Street, Omaha, Nebraska.
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 apperta'^'ng
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 S7,970.00, as stated in the Disclosures to Seller with
Voluntary, Arm's Length Purchase Offer letter, dated June 25, 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 S7,970.00 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 ".-.4S day of
June 2014.
Seller:
DONNA L. THOMPSON
4)0)4/mit/a&
Donna L. Keller-Thompson,
Now Known As Donna L. Thompson
11(
Exec.1.1.19,s1 at Omaha, Douglas County, Nebraska, this .2 6 day of
t.t..w <.._ 2014.
Buyer:
City of Omaha
By:
Y
Chris Wayne
City Planner
APROVED AS TO FORM:
Y 261A-7
CITY ATTORNEY DATE
Attachment"A"
Real Estate Purchase Agreement
Donna L. Thompson, Seller
City of Omaha, Buyer
Property Description
1503 Ohio Street
The West 58 feet of Sublot 7 of Tax Lot 8, and the East 58 feet of the
West 388 feet of Tax Lot 9, in the Northwest Quarter of the Southwest
Quarter of Section 10, Township 15 North, Range 13, East of the 6th
P.M., Douglas County,Nebraska
1507 Ohio Street
The East 41 feet of Sublot 6 of Tax Lot 8 in the Northwest Quarter of
the Southwest Quarter of Section 10, Township 15 North, Range 13,
East of the 6th P.M., Douglas County, Nebraska
1507 '/2 Ohio Street
The East 41 feet of the West 330 feet of Tax Lot 9, in in the Northwest
Quarter of the Southwest Quarter of Section 10, Township 15 North,
Range 13, East of the 6th P.M., Douglas County, Nebraska
ORDINANCE NO.
AN ORDINANCE declaring the necessity
of appropriating, for the use of the City of
Omaha, certain hereinafter described
property located at 1503-1507 1/2 Ohio
Street, 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 Donna L. Thompson, 1682
Whitmore Street, Omaha, NE 68112, to
acquire the property for the sum of Seven PRESENTED TO COUNCIL
Thousand Nine Hundred Seventy and
NO/100 Dollars ($7,970.00) is approved;
project costs will be paid from Community 1St eadLng AUG 2 2014
Development Block Grant, Fund 12786, ���
Organization No. 128072, Project No. 4501,
PUBLICATIONS p Task 10.1440, Award 100184; and to
rovide the effective date hereof. Hearing ', 9 2114 - �tQ r
9/2 bp-4/
2051 caw `t
PUBLICATION OF HEARING
Date 1— l — t -- Final Reading AIAGe 2014
hissed
PUBLICATION OF ORDINANCE
Date — 1
BUSTER BROWN
City Clerk