RES 2014-0334 - Councilmembers Thompson, Gernandt, and Pahls assess damages to parties affected by vacation of portion of 9th st OMAHA'�'F
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Public Works Department
z�� ri Omaha/Douglas Civic Center
nv, r tgr March 18, 20141 �} 1819 Farnam Street,Suite 601
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A, Omaha,
Omaha,Nebraska 68183 0601
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EO FEBR Fax(402)444-5248
City of Omaha r 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 the west 14 feet of 9`h Street from
previously vacated 20 feet of Leavenworth Street, north 172 feet to the previously vacated right-
of-way. 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".
The purpose of the request is to vacate unneeded, unused right-of-way and allow it to be
consolidated with the adjacent property for the purpose of future development on the adjacent
lots.
Respectfully submitted, This action has been reviewed and found to
be in conformance with the Master Plan.
A-141'Prt—' 5-.3
Robe•t G. Stubbe, P.E. Date amen R. Thele Date
Public Works Director Planning Director
Referred to City Council for Consideration:
239514scp Mayor's Office
LEGEND
_- _._......__ PROPERTY LINE
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BONES STREET --- EASEMENT LINE
IJC'A'ES Rti7+T O` WAY t,g a
-_W WA46_- _.., 9TH Lc LWONT OF WA STREB S
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1 1 C/� — a PANT OF WANING- 1 oN75a'4o'E
" — J LEGAL DESCRIPTION
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! xc � � E�+ m �T �� THE WEST 14 Ilt FEET OF 9TH STREET ABUTTING BLOCK 191
L _ - -- -- - ORIGINAL CITY
.�. ` w J OF OMAHA, A SUBDIVISION, AS SURVEYED, PLATTED AND RECORDED IN DOUGLAS
�- i
a COUNTY NEBRASKA, FROM THE SOUTH LINE OF THE EXISTING VACATED WEST
��� 1 y R I 14.00 FEET OF 9TH STREET AS DESCRIBED IN ORDINANCE NO. 6044 RECORDED
T OF.. �; I IN BOOK 312, PA TO. WITH THE DOUGLAS COUNTY REGISTER O DEEDS TO
1 I I ti:,A,�' I _i I a THE NORTH RIGHT OF WAY LINE OF LEAVENWORTH STREET, TOGETHER WITH A
a V° I '.;3',„...._ 14,0D FOOT WIDE STRIP WEST OF AND ABUTTING THE VACATED NORTH 20.00
I , ! CORN" �I I wI FEET OF LEAVENWORTH STREET AS DESCRIBED IN ORDINANCE ND. 4672
_ `; -I r% W �� RECORDED IN BOOK 242, PAGE 3 WITH THE DOUGLAS COUNT,- REGISTER OF
E' DEEDS. DESCRIBED AS FOLLOWS:
! ��� A BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, SAID BLOCK 191;
_ THENCE NORTH 8T58.40` EAST (ASSUMED BEARINGS) FOR 14.00 FEET, ON
1 I THE SOUTH LINE OF THE SAID VACATED WEST 14.00 FEET OF 9TH STREET TO
\r r Iii, u.Op'9iN R ° THE SOUTHEAST CORNER THEREOF;
S PEk 9L(9 GSEUERT cO
S' HAlO PfOPERTT PER LEAYENNOR(H STREETS THENCE SOUTH EAST2" EAST FOR 172.02 FEET PARALLEL WITH AND
_ P.fIR�RY,HT OF'WAY 14.00 FEET FAST OF THESAID BLOCK 191;
i 1009.FACE{6a I LINE OF
TO SE VACATED
ROOK 1`•C6,?ti.E+53 I I THENCE SOUTH 55'03'55- WEST FOR 14.00 FEET TO THE EXTENDED EAST
I CONTAINS NOS 1 Y LINE OF SAID BLOCK 19i AND THE SOUTHEAST CORNER OF THE SAID VACATED
I I se NORTH 20.00 FEET OF LEAVENWORTH STREET;
LLb.:n
m ' i'I4 THENCE NORTH 02'07'52"WEST FOR 172.00 FEET 70 THE POINT OF
--— VAUTCO N01,,,20.0(1 OF LEAVCNwORTH STREET PER BEGINNNG.
Oapv 04 No. PAGE 609:BOOK 2A2.PAGE 3 _I
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Page: 1 Document Name : untitled
PARC 1670 0000 03
FB 23 STATUS 2 CLASS I
EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F-
PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE
ADDRESS 00716 S 009 ST OMA 68102
OWNER OR TAXPAYER INFORMATION
NAME SOUTH BUTTERNUT LLC DATE OF LAST CHANGE 01-21-2011
+ C/O US BANK KATHI SITEZ BK/PG OR DOC# 2005 68032
ADDR 1700 FARNAM ST HOMESTEAD DELETE
CITY OMAHA ST NE ZIP 68102 NON NUMERIC ZIP CODE
CURRENT VALUE HOMESTEAD
YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE
2011 08-09-2011 476900 193100 670000 BOE 2503
OVER 1 ACRE IND OVERRIDE AMOUNT
ADDITION NO. 80000 LOT 8 HALF BLOCK 191 HALF
CITY LOTS SECT TOWN RANGE PLAT 0121
LEGAL DESCRIPTION LEGAL DESCRIPTION
1 20 FT STRIP ADJ & S PT 2 OF LTS 5-6-7 &
3 6402 SQ FT 5346 SQ FT 4 3118 SQ FT 4208 SQ FT
5 6
7 8
PF1-ADFB PF5-PNFB PF6-PAFB
Date : 3/3/2014 Time : 11 : 21 : 41 AM
Page : 1 Document Name : untitled
PARC 1671 0008 03
FB 23 STATUS 2 CLASS C
ADDITIONAL ADDR EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F-
PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE
ADDRESS 00901 JONES ST OMA 68102
OWNER OR TAXPAYER INFORMATION
NAME SOUTH BUTTERNUT LLC DATE OF LAST CHANGE 01-21-2011
+ C/O US BANK KATHI SITEZ BK/PG OR DOC# 2008 58033
ADDR 1700 FARNAM ST HOMESTEAD DELETE
CITY OMAHA ST NE ZIP 68102 NON NUMERIC ZIP CODE
CURRENT VALUE HOMESTEAD
YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE
2011 08-09-2011 1199900 100 1200000 BOE 2502
OVER 1 ACRE IND OVERRIDE AMOUNT
ADDITION NO. 80000 LOT 8 HALF BLOCK 191 HALF
CITY LOTS SECT TOWN RANGE PLAT 0121
LEGAL DESCRIPTION LEGAL DESCRIPTION
1 VAC ALLEY ADJ & 14 FT VAC 9 ST ADJ 2 & ALL LOTS 1 THRU 4 & IRREG N PT
3 LOTS 5 THRU 8 BLK 191 4
5 6
7 8
PF1-ADFB PF5-PNFB PF6-PAFB
Date: 3/3/2014 Time: 11 : 22 : 13 AM
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 the west 14 feet of 9th
Street from previously vacated 20 feet of Leavenworth Street, north 172 feet to the previously
vacated right-of-way; and,
WHEREAS, on February 5, 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 the west 14 feet of 9th
Street from previously vacated 20 feet of Leavenworth Street, north 172 feet to the previously
vacated right-of-way. Said committee shall give reasonable notice to the owners and parties
interested in the property affected by such vacation.
239614scp APPROVED AS TO FORM:
47,
CITY ATTORNEY DATE
By A/Alt.,.
Council member
Adopted MA 1 8 2014 9-0
' ity Clerk 3/je:V/
Approved/ .. 6
Mayor
.S"
NO. - f/
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 the west 14
feet of 9th Street from previously vacated 20
feet of Leavenworth Street. north 172 feet to
the previously vacated right-of-way.
239614Ascp
PI 1
Presented to City Council
MAR 1 8 2014
Adopkd
gaiter grown
City Clerk