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ORD 40042 - Vacate alley between 20th and 21st Sts from Leavenworth St south ofor^`'rA,N .6 j 1 �— a 1 ��i f� , °, Public Works Department ti,,..,� n 91 t,!, n ' , Omaha/Douglas Civic(:cuter �(e*`' c® v,:c "� �r June 24 20141 ��� J' 1819 Farnam Street,Suite 601 o'"•=l3F�' �- n Omaha,Nebraska 68183-0601 •Pi0o� p (402)444-5220 epEo FEB" Fax(402)444-5248 City of Omaha ° ` Robert G. Stubbe,P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a proposed Ordinance to vacate the following: The north/south alley between 20th and 21st Streets from Leavenworth Street, south 161 feet adjacent to Lots 1, 2, 3, 4, 21, 22, 23, and 24, Block 1 Millard Place. The approval of the Planning Board at their meeting of January 5, 2011 is attached. The vacating petition is also attached. The form of the documents for this vacation has been approved by the City Law Department. The purpose of the request is to allow consolidation of the vacated right-of-way with the adjacent property. An application and administrative fee of $300.00 has been paid to the City by the applicant. The fair market value cost of$23,000.00 has also been paid. The Public Works Department recommends approval of the proposed Ordinance. Respectfully submitted, This action has been reviewed and found to be in conformance with the Master Plan. (f_7_71-e-A-17,---cal-(x-C? s-z8-14` 402.. / .-ems 4/ (1 Robert G. Stubbe, P.E. Date mes R. Thele Date Public Works Director ` Planning Director Referred to City Council for Consideration: 248114scp Mayor's Office Date y ORDINANCE NO. C5 / , AN ORDINANCE vacating the north/south alley between 20th and 21 St Streets from Leavenworth Street, south 161 feet adjacent to Lots 1, 2, 3, 4, 21, 22, 23, and 24, Block 1, Millard Place; and,providing the effective date hereof. WHEREAS, a petition representing owners of more than 75 percent of the property abutting on the north/south alley between 20th and 21 st Streets from Leavenworth Street, south 161 feet adjacent to Lots 1, 2, 3, 4, 21, 22, 23, and 24, Block 1, Millard Place has been filed with the City of Omaha; and, WHEREAS, said property owners have in and by said petition waived any and all damages that may be occasioned by said vacation. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the north/south alley between 20th and 21 st Streets from Leavenworth Street, south 161 feet adjacent to Lots 1, 2, 3, 4, 21, 22, 23, and 24, Block 1, Millard Place, located in the Southwest '/4 Section 22-15-13, be, and hereby is, vacated and without further act of the City, title to the vacated right-of- way shall pass to the abutting owners on either side of the centerline thereof; the vacating of the property herein described, and the reversion thereof, pursuant to applicable law, shall be subject to the conditions and limitation that there is reserved to the City of Omaha the right to maintain, operate, repair and renew sewers now existing therein and in the future to construct, maintain, repair and renew additional or other sewers; and also the right to authorize the public utilities and cable television systems to construct, maintain, repair or renew and operate now or hereafter installed water mains and gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission lines and other similar services and equipment and appurtenances above, on and below the surface of the ground for the purpose of serving the general public or abutting property; and the right so reserved shall also include such lateral connection or branch lines as may be ordered, desired or permitted by the City or such other utility and to enter upon the premises to accomplish the above purposes at any and all times. That no buildings, improvements, or other structures shall be placed in, on, over, or across said vacated right-of-way without express written approval of the City. All vegetation upon the premises, including but not limited to, trees, bushes, and crops, and all structures upon the premises, including but not limited to, buildings, walls, fences, drives and walks, may be damaged or removed as necessary in the exercise of the rights herein reserved without compensation to any person. ORDINANCE NO. 2 C 1. Page 2 Section 2. In accord with Omaha Municipal Code Section 34-342, the applicant has made payment to the City of Omaha for the fair market value of the right-of-way in the amount of$23,000.00. Section 3. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. INTRODUCED BY COUNCILMEMBER AiAt.u. 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PETITION Honorable President and Members of the City Council Omaha/Douglas Civic Center Omaha, Nebraska 68183 We, the undersigned, owners of property representing more than 75 percent of the abutting property, hereby ask and petition that the necessary action be taken to vacate the alley legally described on the attached Fxhihit A which alley has a total of 366.24 feet of frontage. and we hereby respectively, waive any and all damages, or claims for damages by reason of said vacating. Signature of Owner Date Signed Description of Property Frontage No. of Feet t /4M1A /c/ 2 (//c, Millard Place Lot 3 Block 1 E 132 FT LTS 161.04 feet 1-2 and 3 i'/`4C; Millard Place Lot 24 Block 1 W 132 FT EIS 123.20 feet 23 and 132 x 111 (CORPORATION) The acknowledgement of the signature of a corporation must have attached a copy of the By-Law or Resolution, duly certified by corporation officers, under and by virtue of which such signature was affixed to said petition. Acknowledgement of signature to petition for vacating and narrowing of the following part of street(s) _ to wit: I alley(s) @e afiXlni ;� u'f'huh� l7P;e#,�. within Omaha, Nebraska State of N .6-- __ ) ) ss. Di.9, )y 5 County) aC>1 D On this 210+~ day of ,61 2 A.D., nineteen Hundred ai d before me, a Notary Public in and for said County, personally appeared JurJ k,,.ekr, �n (Name) / fi';a n G <,'l� 2 // /ea, f?�'Cnt �✓7 5714,f L L. itie) (Corporation) who -is personally known to me to be the identical person(s) whose name(saffixed;s to the annexed are are petition of owners of lots and lands abutting upon said part of said street(s) in the City of Omaha, alley(s) Nebraska for the vacation of said part of said street(s) and who personally known to me to be the alley(s) are ;hey h.u.� Cvmtr of said Corporation and she have acknowledged the signing of said his they petition to be-her' voluntary act and deed, and the voluntary act and deed of said Corporation. their Witness my hand and notarial seal on the day and date above written. (SEAL) GENERA/NOTARY-State of Nebraska .....-- KEN WRAY . k My Comm.Exp.October t.2012 (Notary Pu My Notarial Commission expires the — 15t day of 1C7oe>rt? apt EXHIBIT „A„ LEGAL DESCRIPTION: LEAVENWORTH STREET AN ALLEY TO BE VACATED,LOCATED IN BLOCK 1, MILLARD S89°37'00"E PLACE,A SUBDIVISION LOCATED IN THE SW1/4 OF SECTION 22, 20,00' POINT OF BEGINNING TOWNSHIP 15 NORTH,RANGE 13 EAST OF THE 6TH P.M., DOUGLAS COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1,SAID BLOCK 1,MILLARD PLACE,SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SAID LOT 24 Lo ALLEY AND THE SOUTH RIGHT-OF-WAY LINE OF LEAVENWORTH LOT 1 STREET;THENCE SOO°03'26"E(ASSUMED BEARING)ALONG SAID Lu o CD EAST RIGHT-OF-WAY LINE OF AN ALLEY,SAID LINE ALSO BEING N g THE WEST LINE OF SAID LOT 1, BLOCK 1, MILLARD PLACE,AND 0 ALSO THE WEST LINE OF LOTS 2 AND 3,SAID BLOCK 1,MILLARD PLACE,A DISTANCE OF 161.04 FEET TO THE SOUTHWEST Z.0 m CORNER OF SAID LOT 3, BLOCK 1,MILLARD PLACE,SAID POINT ALSO BEING ON THE NORTH LINE OF LOT 4,SAID BLOCK 1, o O - MILLARD PLACE,SAID POINT ALSO BEING THE POINT OF CD - INTERSECTION OF SAID EAST RIGHT-OF-WAY LINE OF AN ALLEY o "- LOT 23 �►� z o2 AND THE SOUTH RIGHT-OF-WAY LINE OF SAID ALLEY;THENCE ff' o Lu N89'55'09"`dd.ALONG SAID SOUTH RIGHT-OF-WAY LINE OF AN O N LOT 2 ALLEY,SAID LINE ALSO BEING SAID NORTH LINE OF LOT 4, <R3'\/ J ch BLOCK 1, MILLARD PLACE,AND ALSO THE NORTH LINE OF LOT m C� 21,SAID BLOCK 1, MILLARD PLACE,A DISTANCE OF 32.00 FEET S89°43'24°E a_ o \, TO THE SOUTHEAST CORNER OF LOT 22,SAID BLOCK 1, MILLARD 12.00' ( O) PLACE,SAID POINT ALSO BEING THE POINT OF INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE OF AN ALLEY AND THE \� WESTERLY RIGHT-OF-WAY LINE OF SAID ALLEY;THENCE o NOO°03'26"W ALONG THE EAST LINE OF SAID LOT 22, BLOCK 1, o MILLARD PLACE,SAID LINE ALSO BEING SAID WESTERLY RIGHT-OF-WAY LINE OF AN ALLEY,A DISTANCE OF 50.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 22, BLOCK 1,MILLARD ED LOT 22 M LOT 3 PLACE,SAID POINT ALSO BEING ON THE SOUTH LINE OF LOT 23, o SAID BLOCK 1, MILLARD PLACE;THENCE S89°4324"E ALONG o SAID SOUTH LINE OF LOT 23,BLOCK 1,MILLARD PLACE,SAID z LINE ALSO BEING SAID WESTERLY RIGHT-OF-WAY LINE OF AN ALLEY,A DISTANCE OF 12.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 23, BLOCK 1,MILLARD PLACE;THENCE NOO°03'26"W N89°55'09"W ALONG THE EAST LINE OF SAID LOT 23,BLOCK 1,MILLARD 32,00' PLACE,AND ALSO THE EAST LINE OF LOT 24,SAID BLOCK 1, MILLARD PLACE,SAID LINE ALSO BEING SAID WESTERLY LOT 21 LOT 4 RIGHT-OF-WAY LINE OF AN ALLEY,A DISTANCE OF 111.20 FEET TO THE NORTHEAST CORNER OF SAID LOT 24,BLOCK 1,MILLARD PLACE,SAID POINT ALSO BEING THE POINT OF INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE OF AN ALLEY AND SAID SOUTH RIGHT-OF-WAY LINE OF LEAVENWORTH STREET; THENCE S89°37'00"E ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID ALLEY,SAID LINE ALSO BEING SAID SOUTH RIGHT-OF-WAY LINE OF LEAVENWORTH STREET,A DISTANCE OF 20.00 FEET TO -= im� THE POINT OF BEGINNING. 0 15 30 mu SAID ALLEY TO BE VACATED CONTAINS AN AREA OF 3,821 1111111111111 SQUARE FEET OR 0.088 ACRES MORE OR LESS. Scale: 1 " = 30' INOTE: THE ALLEY IS ACTUALLY 19.86 FEET FROM BUILDING TO BUILDING. r ,� E&A CONSULTING GROUP, INC. `I ENGINEERING •PLANNING • FIELD SERVICES AN ALLEY TO VACATED 330 NORTH 117TH STREET OMAHA,NE 68154 PHONE:(402)895-4700 Drawn by: DAS Chkd by:1..t) 5-/-DY IChkd by: LOCATED IN BLOCK 1, MILLARD PLACE DOUGLAS COUNTY,NEBRASKA Job No.: P2006.137.003 Date:07/29/2008 SHEET 1 OF 1 _ CERTIFICATE OF AUTHORITY TO ACT ON BEHALF OF 2011 LEAVENWORTH STREET, LLC A NEBRASKA LIMITED LIABILITY COMPANY The undersigned,constituting the sole member of 2011 Leavenworth Street,LLC,a Nebraska limited liability company(the"Company"), formerly known as 2011 Property LLC,hereby consents in writing to the adoption of the following resolution: RESOLVED,that Jun Kaneko, in his capacity as the sole manager of Spin LLC, the sole member of the Company, be, and hereby is specifically designated and authorized to execute and deliver, on behalf of the Company, the petition requesting the alley vacation adjacent to its properties located at 2001 Leavenworth Street and 201 1 Leavenworth Street_ and any and all other documents on behalf of the Company as shall be necessary to effectuate the vacation of the alley. MEMBER: Spin LLC,a Nebraska limited liability company Dated: / /z6 //Z7 Jun Kaneko, its manager "1 ORDINANCE NO. 17©6-5ti- AN ORDINANCE vacating the north/south alley between 20th and 21st Streets from Leavenworth Street, south 161 feet adjacent to Lots 1, 2, 3, 4, 21, 22, 23, and 24, Block 1, Millard Place; and, providing the effective date hereof. 248214Ascp i PRESENTED TO COUNCIL 1sttRain JUN 4 2014 - r` PUBLICATIONS Hear ng — 1 2014 - / /70 PUBLICATION O CO RING F HEARING Date '�7—/T Final Reading jut. 1 5 pit PUBLICATION OF ORDINANCE Passed Date /'.2-—if BUSTER BROWN City Clerk of°MAH",NFBk i,, t ; ' Planning Department A 9s 4 Omaha/Douglas Civic Center +y�r i..% 1819 Farnam Street,Suite 1100 z � r June 24, 2014 1 91' ' `,r Omaha,Nebraska 68183 n® fin. c t ' ` (402)444 5150 ?04, - .ti, Ielefax(402)444-6140 4 'rFD ftiBRUP i James R.Thele City of Omaha Director Jean Stothert,Mayor C14-11-001 Honorable President and Members of the City Council, The attached Ordinance approves the vacation of the north/south alley between 20th and 21 st Streets from Leavenworth Street, south 161 feet adjacent to Lots 1, 2, 3, 4, 21, 22, 23, and 24, Block 1, Millard Place. The applicant is the adjacent property owner. CASE DESCRIPTION: The purpose of this request is to allow consolidation of the vacated right-of-way with the adjacent properties. DEPARTMENT RECOMMENDATION: Approve, subject to retention of any necessary easements in the vacating ordinance. SUMMARY OF TESTIMONY: The Planning Board held a public hearing on January 5, 2011. regarding this request. A full summary of the proceedings is attached. PLANNING BOARD RECOMMENDATION: Approve, as recommended by the Planning Department, 5-0. (Inside City) Respectfully submitted, Referred to City Council for Consideration: < , l.��e /s��-� .,.� Q. �P l�P tool L/ ames R. Thele Date Mayor's Office Date Planning Director Pin 1000mrc OMAHA CITY PLANNING DEPARTMENT RECOMMENDATION REPORT December 29,2010 Case Number: #C14-11-001 Applicant: Property Owner Request: Vacation of the north/south alley between 20th and 21st Streets from Leavenworth Street,south 161 feet;adjacent to Lot 1,2,3,4,21,22,23 and 24,Block 1,Millard Place. I. GENERAL INFORMATION: Purpose: To consolidate the vacated right-of-way with the adjoining property. Existing Land Use:Industrial Existing Zoning:DS/ACI-1 Adjacent Land Use and Zoning: North Right-of-way Not zoned South Industrial DS East Industrial DS/ACI-1 West Industrial DS/ACI-1 Future Land Use Plan Designation:Downtown mixed use. II. SPECIAL INFORMATION: Site Characteristics: The right-of-way proposed for vacation runs south from Leavenworth Street 161 feet and dead ends. The right-of-way is open,improved and used by the adjacent properties. Development Proposal: The applicant owns 84% of the private property adjacent to the alley proposed for vacation and wants to incorporate the vacated right-of-way with his property. Public Improvements: • Traffic and Circulation-The Public Works Department has reviewed the request and has no objection to the proposed right-of-way vacation as long as any necessary easements are retained in the vacating ordinance. Land Use and Planning: Vacation of the right-of-way complies with City policy regarding same. III. ANALYSIS: The proposed vacation is consistent with the Transportation Element of the City's Master Plan. IV. RECOMMENDATION: Vacation of the north/south alley between 20th and 21st Street from Leavenworth Street,south 161 feet;adjacent to Lots 1,2,3,4,21,22,23 and 24,Block 1,Millard Place, subject to retention of any necessary easements in the vacating ordinance. V. ATTACHMENTS: Site map CR PLANNING BOARD MINUTES 10. C14-11-001 REQUEST: Vacation of the north/south alley between Property Owner 20th and 21st Streets from Leavenworth Street, south 161 feet adjacent to Lot 1, 2, 3, 4, 21, 22, 23 and 24, Block 1, Millard Place At the Planning Board meeting held on January 5, 2011, Larry Jobeun, 11440 West Center Road, appeared before the board on behalf of the property owners. Mr. Jobeun offered to answer any questions. No one appeared before the board in opposition. Mr. Chad Weaver, Assistant Planning Director, Planning Department, stated that the department recommends approval but asked Mr. Jobeun if the property owners would police the alley better. Mr. Jobeun stated the alley is presently open with the only access point off Leavenworth Street. The entire rest of the alley is completely fenced off or adjacent to the buildings. The property owner owns two parcels or 84% of the footage. Fencing off the alley would serve to decrease crime and vagrancy and will eventually allow the property owners to adjoin the two buildings for storage of artwork. Mr. Neary moved to APPROVE the vacation of the north/south alley between 20th and 21st Street from Leavenworth Street, south 161 feet; adjacent to Lots 1, 2, 3, 4, 21, 22, 23 and 24, Block 1, Millard Place, subject to retention of any necessary easements in the vacating ordinance. Mr. Hoich seconded the motion which carried 5-0. 1/11 pin 1004mrc CASE: C14-11-001 10 APPLICANT: Property Owner REQUEST: Vacation of the north/south alley between 20th and 21st Streets from Leavenworth Street, south 161 feet adjacent to Lot 1, 2, 3, 4, 21, 22, 23 and 24, Block 1, Millard Place LOCATION: Between 20th and 21st Streets south of Leavenworth Street SUBJECT AREA IS SHADED - JANUARY 2011 _ _Jones St { I, _ Leavenworth._St v5 rr_�h vV fN N 0 400 i Feet No. 199 Planning Board and Planning Department recommend approval of the vacation of the north/south alley between 20th and 21 St Streets from Leavenworth Street, south 161 feet adjacent to Lots 1, 2, 3, 4, 21, 22, 23, and 24, Block 1, Millard Place. (Inside City) Pln 1001 mrc /(le A RECEIVED Presented to Council: JUN 2 a 2014 - 9z/e/'' 747 //f jiu - 1 2014 - (), im& , , ij� 'At 152014- Fro* c onfie Buster.BI own city Cterk a "NOTICE TO PUBLIC" THE DAILY RECORD The following Ordinance has been set for City Council Hearing on July 1, 2014, at OF OMAHA p.m.: AN ORDINANCE vacating the north/south alley between 20th and 21st Streets from LYNDA K. HENNINGSEN,Street,south 161 feet adjacent , Publisher to Lots 1,2,3,4,21,22,23,and 24,Block 1, PROOF OF PUBLICATION Millard Place; and, providing the effective date hereof. WHEREAS,a petition representing owners UNITED STATES OF AIVIERICA, of more than 75 percent of the property abutting on the north/south alley between The State of Nebraska, 20th and 21st Streets from Leavenworth a, SS. Street,south 161 feet adjacent to Lots 1, 2, District of Nebraska, 3, 4, 21, 22, 23, and 24, Block 1, Millard County of Douglas, Place has been filed with the City of Omaha; and, City of Omaha, WHEREAS, said property owners have in and by said petition waived any and all damages that may be occasioned by said J.BOYD vacation. BE IT ORDAINED BY THE CITY COUNCIL being duly sworn,deposes and says that she is OF THE CITY OF OMAHA: Section 1. That the north/south alley LEGAL EDITOR between 20th and 21st Streets from Leavenworth Street,south 161 feet adjacent of THE DAILY to Lots 1,2,3,4,21,22,23,and 24,Block 1, RECORD, of Omaha, a legal newspaper, printed and Millard Place, located in the Southwest 1/4 published daily in the English language, having a bona fide paid Section 22-15-13, be,and hereby is,vacated circulation in DouglasCounty and without further act of the City,title to the in excess of 300 copies, printed in vacated right-of-way shall pass to the Omaha,in said County of Douglas,for more than fifty-two weeks last abutting owners on either side of the past; that the printed notice hereto attached was published in THE centerline thereof; the vacating of the property herein described, and the reversion DAILY RECORD,of thereof, pursuant to applicable law, shall be Omaha,on subject to the conditions and limitation that June 27, 2014 there is reserved to the City of Omaha the right to maintain, operate, repair and renew sewers now existing therein and in the future to construct, maintain, repair and renew additional or other sewers;and also the right to authorize the public utilities and cable television systems to construct, maintain, That said Newspaper during that time was • repair or renew and operate now or hereaftergill: pfished and installed water mains and mains, polegeneral circulation in the County of Dou ,an• .: : - of Nebraska. gasin lines, conduits, electrical transmission lines, r sound and signal transmission lines and other GENERAL NOTARY-Slate of p;zbro,K �� similar services and equipment and ; appurtenances above, on and below the CO ANIE L.NOVACEK jSubscribed inmyp ce and sworn tobefore surface of the ground for the purpose of I mwi [.p,P r 16,2015 27 serving the general public or abutting Publishers Fee- property;and the right so reserved shall also me this day of include such lateral connection or branch June liyes as may b orheoth desired permitted enter Additional Copies $ IL2�� by the City or such other utility and to enter $53.90 zet upon the premises to accomplish the above Total purposes at any and all times. That no Nota buildings, improvements, or other structures ry Public in and or Douglas County, shall be placed in, on, over, or across said State of Nebraska vacated right-of-way without express written approval of the City.All vegetation upon the premises, including but not limited to, trees, bushes, and crops, and all structures upon the premises, including but not limited to, buildings, walls, fences, drives and walks, may be damaged or removed as necessary in the exercise of the rights herein reserved without compensation to any person. Section 2.In accord with Omaha Municipal Code Section 34-342,the applicant has made payment to the City of Omaha for the fair market value of the right-of-way in the amount of$23,000.00. Section 3.That this Ordinance shall be in full force and take effect fifteen (15) days y from and after the date of its passage. BUSTER BROWN, City Clerk 6-27-14 "NOTICE TO PUBLIC" AN ORDINANI CENvaca i g4thhe04north/south THE DAILY RECORD alleye between 20th and 21st Streets from OF OMAHA Leavenworth Street,south 161 feet adjacent to Lots 1,2,3,4,21,22,23,and 24,Block 1, Millard Place; and, providing the effective LYNDA K. HENNINGSEN Publisher date hereof. WHEREAS,a petition representing owners PROOF OF PUBLICATION of more than 75 percent of the property abutting on the north/south alley between Street h and south 161 feet adjast Streets rcent to Loom Leavenworth, 2 M UNITED STATES OF AERICA, 3, 4, 21, 22, 23, and 24, Block 1, Millard The State of Nebraska, Place,has been filed with the City of Omaha; SS. and, District of Nebraska, WHEREAS, said property owners have in County of Douglas, and by said petition waived any and all g damages that may be occasioned by said City of Omaha, vacation. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: J.BOYD Section 1. That the north/south alley between 20th and 21st Streets from being duly sworn,deposes and says that she is Leavenworth Street,south 161 feet adjacent to Lots 1,2,3,4,21,22,23,and 24,Block 1, LEGAL EDITOR Millard Place, located in the Southwest 1/4 Section 22 15 13,be,and hereby is,vacated , of Omaha, a legal newspaper,of THE DAILY RECORD printed and and without further act of the City,title to the vacated right-of-way shall pass to the published daily in the English language, having a bona fide paid abutting owners on either side of the centerline thereof; the vacating of the circulation in Douglas County in excess of 300 copies, printed in property herein described, and the reversion Omaha,in said County of Douglas,for more than fifty-two weeks last thereof, pursuant to applicable law, shall be subject to the conditions and limitation that past; that the printed notice hereto attached was published in THE there is reserved to the City of Omaha the right to maintain,operate, repair and renew DAILY RECORD,of Omaha,on sewers now existing therein and in the future July 23, 2014 to construct, maintain, repair and renew additional or other sewers;and also the right to authorize the public utilities and cable television systems to construct, maintain, repair or renew and operate now or hereafter installed water mains and gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission lines and other That said Newspaper during that time was re p ed and similar services and equipment and in pneral circulation in the Countyof Do Nebraska. appurtenances above, on and below the Douglas, surface of the ground for the purpose of GENERAL.NOTARY•State of Nebraska serving the general public or abutting ELLEN FREEMAN property;and the right so reserved shall also Subscribed in my p sworn to before include such lateral connection or branch My Comm.Exp.08C.1,1t 2017 lines as may be ordered,desired or permitted Publisher's Fee 3S'7v 23r by the City or such other utility and to enter $ m s day of upon the premises to accomplish the above purposes at any fnd all times. That no Additional Copies $ July 2 4 buildings, improvements, or other structures shall be placed in, on, over, or across said Total $55.70 vacated right-of-way without express written approval of the City.Alf vegetation upon the Public in and for Douglas County, premises, including but not limited to,trees, State of Nebraska bushes, and crops, and all structures upon the premises, including but not limited to, buildings, walls, fences, drives and walks, may be damaged or removed as necessary in the exercise of the rights herein reserved without compensation to any person. Section 2.In accord with Omaha Municipal Code Section 34-342,the applicant has made payment to the City of Omaha for the fair market value of the right-of-way in the amount of$23,000.00. Section 3.That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. PASSED:July 15,2014,7-0 APPROVED BY: JEAN STOTHERT 07/17/2014 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk 7-23-14