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ORD 40097 - Necessity for appropriating property at 1503-1507 1/2 Ohio St for 2014 Action Plan oMAHA.n 8 t , Planning Department s ,, s�w� Omaha/Douglas Civic Center Ar �� � t 1819 Farnam Street,Suite 1100 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: 7 3� � es(teph Curtiss, Finan e Director Da ,1Y1 -tla�l�a 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