ORD 37525 - Necessity of appropriating lands for constructing southbound right turn lane for entrance to Wal-Mart at 72nd and Hickory Sts, OPW 51183 •
ORDINANCE NO. (.3�jo/6
AN ORDINANCE declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of constructing a southbound right turn lane for the main
entrance to the new Wal-Mart located at 72nd&Hickory Streets, identified as OPW 51183;
providing that the City negotiate with the property owners for land acquisitions,permanent
easements and temporary construction easements;providing that as to each specified parcel
which cannot be obtained by negotiation, condemnation proceedings be undertaken and
completed; and, providing for the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That it is proper and necessary and it is hereby declared proper and necessary to
appropriate certain lands for the purpose of constructing a southbound right turn lane for the main
entrance to the new Wal-Mart located at 72nd & Hickory Streets identified as OPW 51183. Said
property and lands necessary for such purposes are described as follows:
See the attached Exhibit "A" plat drawing of abutting properties for which land
acquisitions, permanent easements and temporary construction easements will be
needed to complete this project.
Section 2. That the Public Works Department of the City of Omaha be, and it hereby is,
authorized,empowered,and directed to negotiate,through either employees of the City of Omaha or
through persons employed therefor or through any combination thereof, with the owners of the
above-described properties for the acquisition of said properties by the City of Omaha for aforesaid
purposes. Upon failure to agree by negotiations with the owners of any of the above-described
properties for the acquisition thereof by the City of Omaha, the Public Works Department is
authorized, empowered, and directed, together with the Law Depaitiuent of the City of Omaha, to
o attached was published in THE
CITY OF OMAHA P +
BUSTER BROWN, DAILY RECORD,of Omaha,on
City Clerk
11-8-06 November 8, 2006
Th aper during that time was regularly published and
• n1elli011‘in the County of Dougl ,ai State of Nebraska.
4- .•G'�ERA(
RY * Subscribed in my i esence and sworn to before
Np?SSION
Ptlilislot g $ �• me this 8 th day of
ddiit$onal Copiestio$' November 20 06
O
c-a
sT4rEoo NE. ' Notary Public in ounty,
• St _, f N a
1
s:
lateral connection or branch lines as may be That _Newspaper during that time was gularly published and
ordered, desired or permitted by the City or in g,, -'; g atlon in the County of Dougl , d State of Nebraska.
such other utility and to enter upon the '+
premises to accomplish the above purposes, ,•A .......• R
at any and all times;provided that such right �' Q � E.RA(
of authorization for any public utility or cable .0 G Subscribed in esence and sworn to before
television system shall terminate as to a 0 • Ry } L
,public utility or cable television system that j'ubl?tsher�QS\0N$ 'I 0 me this 8 th day of
executes a written waiver or release of its'
right to construct,maintain, repair,renew or,, y. r COc�PwRES t
operate in the vacated right-of-way. ddiiional Copies $ t Novemb e 20 06
Section 2.That this Ordinance shall be in L�1 '�Q
full force and take effect fifteen (15) days ®vas, ...
from from and after the date of its passage. S'T " 'e\�� Notary Public' g ty,
PASSED: October 31,2006,7-0 4Tjr OF 1'
APPROVED BY: S t f Nebraska
MIKE FAHEY 11/2/06
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
11-8.06
n (15) days
from and after the date of its passage.
BUSTER BROWN,
City Clerk
10-20-06
abutting property; and the right so reserved
shall also include such lateral connection or
branch lines as may be ord ered, 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.
Section 2.That this Ordinance shall be in
full force and take effect fifteen 1151 days .
from and after the date of its passage.
. PASSED: October 31,2006,7-0 ' .
APPROVED BY: -
MIKE FAHEY 11/2/06
MAYOR OF THE
• CITY OF-OMAHA
BUSTER BROWN, . •
City Clerk
11-806
•
1�
tructures 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.That this Ordinance shall be in
full force and take effect fifteen (15) days -
from and.after the date of its passage: •
BUSTER BROWN,
• City Clerk
10-20-06
•
•
•
ORDINANCE NO. (396
PAGE 2
proceed forthwith to acquire any such property,not obtained by negotiation, for the City of Omaha
for the aforesaid purposes by condemnation proceedings in accordance with the Laws of the State of
Nebraska under the power of eminent domain. Any notices in the name of the City of Omaha
required to be given the owners or other persons having any interest in and to any of the above
described real estate may be given by either the Public Works Department or the Law Department of
the City of Omaha. The Public Works Department will be responsible for recording of all deeds,
easements or other acquisition documents resulting from the exercise of the authority granted under
this Ordinance in the Register of Deeds Office in the appropriate county.
Section 3. That this Ordinance shall take effect and be in force fifteen(15) days from and
after its passage.
INTRODUCED BY COUNCILMEMBER
AD40141 c7Li14L APPROVED BY:
)7u;13-c �Dw
MAYOR OF THE CI OF OMAH ATE
PASSED OCT 3 1 2006 Ver-vcitee.
ATTEST:
CI Y LERK OF.T CITY OF OMAHA ATE
APPROVED AS TO FORM:
CITY ATTORNEY DATE
P:\PW1\7233sap.doc
eded to complete this project.
Section 2. That the Public Works Department of the City of Omaha be, and it hereby is,
authorized,empowered,and directed to negotiate,through either employees of the City of Omaha or
through persons employed therefor or through any combination thereof, with the owners of the
above-described properties for the acquisition of said properties by the City of Omaha for aforesaid
purposes. Upon failure to agree by negotiations with the owners of any of the above-described
properties for the acquisition thereof by the City of Omaha, the Public Works Department is
authorized, empowered, and directed, together with the Law Depaitiuent of the City of Omaha, to
o attached was published in THE
CITY OF OMAHA P +
BUSTER BROWN, DAILY RECORD,of Omaha,on
City Clerk
11-8-06 November 8, 2006
Th aper during that time was regularly published and
• n1elli011‘in the County of Dougl ,ai State of Nebraska.
4- .•G'�ERA(
RY * Subscribed in my i esence and sworn to before
Np?SSION
Ptlilislot g $ �• me this 8 th day of
ddiit$onal Copiestio$' November 20 06
O
c-a
sT4rEoo NE. ' Notary Public in ounty,
• St _, f N a
1
s:
lateral connection or branch lines as may be That _Newspaper during that time was gularly published and
ordered, desired or permitted by the City or in g,, -'; g atlon in the County of Dougl , d State of Nebraska.
such other utility and to enter upon the '+
premises to accomplish the above purposes, ,•A .......• R
at any and all times;provided that such right �' Q � E.RA(
of authorization for any public utility or cable .0 G Subscribed in esence and sworn to before
television system shall terminate as to a 0 • Ry } L
,public utility or cable television system that j'ubl?tsher�QS\0N$ 'I 0 me this 8 th day of
executes a written waiver or release of its'
right to construct,maintain, repair,renew or,, y. r COc�PwRES t
operate in the vacated right-of-way. ddiiional Copies $ t Novemb e 20 06
Section 2.That this Ordinance shall be in L�1 '�Q
full force and take effect fifteen (15) days ®vas, ...
from from and after the date of its passage. S'T " 'e\�� Notary Public' g ty,
PASSED: October 31,2006,7-0 4Tjr OF 1'
APPROVED BY: S t f Nebraska
MIKE FAHEY 11/2/06
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
11-8.06
n (15) days
from and after the date of its passage.
BUSTER BROWN,
City Clerk
10-20-06
abutting property; and the right so reserved
shall also include such lateral connection or
branch lines as may be ord ered, 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.
Section 2.That this Ordinance shall be in
full force and take effect fifteen 1151 days .
from and after the date of its passage.
. PASSED: October 31,2006,7-0 ' .
APPROVED BY: -
MIKE FAHEY 11/2/06
MAYOR OF THE
• CITY OF-OMAHA
BUSTER BROWN, . •
City Clerk
11-806
•
1�
tructures 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.That this Ordinance shall be in
full force and take effect fifteen (15) days -
from and.after the date of its passage: •
BUSTER BROWN,
• City Clerk
10-20-06
•
•
•
EXHIBIT "A" N4
t .
A T . 2 . M)
FL=847Y.S GRa2.70' o 1 W
73
4694 23 MH 104 - .2
•
FFLT3��5 68
—_
i-30-85
PPPLETON •VFW -. 3' MH7+31.6
n /8 Pp
6R r743% �24 P _ rt. 72.97
Z32.r /io9 .!
EXISTING MH 11+12. r ffe"Si ss
AREA INLET FL 75.5 6
STA.2#50.9 INLET Olt CON
FL=9798E INLET O0/6.6 7 3
FL=78.76_W P33
24 RCP
6R=7 t'. W
MI?O'00 W
11.-77L .... I lit_
_---7:el • W
Tr h O
� " —91
Pt. of T. L. 2 N d o 1
N
M.H. 1 35 3 . 3 4s'
FL 9 26 r-a ""�'�
3
�.� 6 9
jN
ti
I
I .01 33
4Ihno
i MH Iit 44.6
N 1 ,0 FL 96.51
Pt. of T. L. _ ,N
EL. 111.96�, ' MM�4+42.3 a „• 6k91
EL■ 111.57 44„t
ZS'Eaaam.nt ti a pyy d o Ia. v
� �q •
M ~ MH016+3t.3 p _
l ro
��'A 0 PST. 2640 F�i� w `�
>• to.z 6e9 .
MN a 3�2 .9 0 M lOZgB s , u 3,
��.EL.,I3.oI . MHZ•AZ7 232.I4 M (4,61.2 �cm y' of $
4.
N m24";WOOLWORTH AVE. 1�� ,__
kM2.83.6 = e VCNP 0.94?0 184it
-
EL(10.42 I. SPITE STRIP
OH Y.•SECT. UNE J •L!M=OFOO
P S.D. 2 G39 I • EL=I"''6
0
Page 1 of 1 OPW 51183
attached was published in THE
CITY OF OMAHA P +
BUSTER BROWN, DAILY RECORD,of Omaha,on
City Clerk
11-8-06 November 8, 2006
Th aper during that time was regularly published and
• n1elli011‘in the County of Dougl ,ai State of Nebraska.
4- .•G'�ERA(
RY * Subscribed in my i esence and sworn to before
Np?SSION
Ptlilislot g $ �• me this 8 th day of
ddiit$onal Copiestio$' November 20 06
O
c-a
sT4rEoo NE. ' Notary Public in ounty,
• St _, f N a
1
s:
lateral connection or branch lines as may be That _Newspaper during that time was gularly published and
ordered, desired or permitted by the City or in g,, -'; g atlon in the County of Dougl , d State of Nebraska.
such other utility and to enter upon the '+
premises to accomplish the above purposes, ,•A .......• R
at any and all times;provided that such right �' Q � E.RA(
of authorization for any public utility or cable .0 G Subscribed in esence and sworn to before
television system shall terminate as to a 0 • Ry } L
,public utility or cable television system that j'ubl?tsher�QS\0N$ 'I 0 me this 8 th day of
executes a written waiver or release of its'
right to construct,maintain, repair,renew or,, y. r COc�PwRES t
operate in the vacated right-of-way. ddiiional Copies $ t Novemb e 20 06
Section 2.That this Ordinance shall be in L�1 '�Q
full force and take effect fifteen (15) days ®vas, ...
from from and after the date of its passage. S'T " 'e\�� Notary Public' g ty,
PASSED: October 31,2006,7-0 4Tjr OF 1'
APPROVED BY: S t f Nebraska
MIKE FAHEY 11/2/06
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
11-8.06
n (15) days
from and after the date of its passage.
BUSTER BROWN,
City Clerk
10-20-06
abutting property; and the right so reserved
shall also include such lateral connection or
branch lines as may be ord ered, 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.
Section 2.That this Ordinance shall be in
full force and take effect fifteen 1151 days .
from and after the date of its passage.
. PASSED: October 31,2006,7-0 ' .
APPROVED BY: -
MIKE FAHEY 11/2/06
MAYOR OF THE
• CITY OF-OMAHA
BUSTER BROWN, . •
City Clerk
11-806
•
1�
tructures 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.That this Ordinance shall be in
full force and take effect fifteen (15) days -
from and.after the date of its passage: •
BUSTER BROWN,
• City Clerk
10-20-06
•
•
•
pptAHA,iv4
��� `„ �7
� ; RECEIVED Public Works Department
�" r�: Omaha/Douglas Civic Center
• !h If rri►►,, .,1
z It C.J � �, * 1819 Farnam Street,Suite 601
® October 17 2006 06 OCT 1 0 , Omaha,Nebraska 68183-0601
A� (402)444-5220
o�'TED FEW) C I { ,1 C. f t t L Fax(402)444-5248
City of Omaha Q M A H A, 1'1 1I R :a K A Robert G.Stubbe,P.E.
Mike Fahey,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is an Ordinance declaring the necessity of appropriating and acquiring
certain private property for the purpose of constructing a south bound right turn lane for the main
entrance to the new Wal-Mart located on 72' &Hickory Streets identified as OPW 51183.
This Ordinance provides that the City negotiates with the property owners for said property, and
that the property that cannot be obtained by negotiations be condemned.
Payment for all costs incurred for the right-of-way necessary for the project shall be paid from
the 2006 Transportation Bond Organization 117111, 2006 Transportation Fund 13182. Wal-
Mart shall reimburse the City for all right-of-way costs incurred.
The Public Works Department recommends your approval of this Ordinance.
Respectfully submitted, This action has been reviewed and found to
— be in conformance with the Master Plan.
i )
( i- t' /o - V-D6 t 6/6 Q,C
v
obert G. Stubbe, P.E. Date Steven N. Jense P Date
Public Works Director V Planning Director
Approved as to Funding: Referred to City Council for Consideration:
(zee_ cile.,), /0-6-0074— . f o -/o - o4
Carol A. Ebdon Date Mayor's Office Date
Finance Director
P:\PW1\7232sap.doc I
Y OF OMAHA P +
BUSTER BROWN, DAILY RECORD,of Omaha,on
City Clerk
11-8-06 November 8, 2006
Th aper during that time was regularly published and
• n1elli011‘in the County of Dougl ,ai State of Nebraska.
4- .•G'�ERA(
RY * Subscribed in my i esence and sworn to before
Np?SSION
Ptlilislot g $ �• me this 8 th day of
ddiit$onal Copiestio$' November 20 06
O
c-a
sT4rEoo NE. ' Notary Public in ounty,
• St _, f N a
1
s:
lateral connection or branch lines as may be That _Newspaper during that time was gularly published and
ordered, desired or permitted by the City or in g,, -'; g atlon in the County of Dougl , d State of Nebraska.
such other utility and to enter upon the '+
premises to accomplish the above purposes, ,•A .......• R
at any and all times;provided that such right �' Q � E.RA(
of authorization for any public utility or cable .0 G Subscribed in esence and sworn to before
television system shall terminate as to a 0 • Ry } L
,public utility or cable television system that j'ubl?tsher�QS\0N$ 'I 0 me this 8 th day of
executes a written waiver or release of its'
right to construct,maintain, repair,renew or,, y. r COc�PwRES t
operate in the vacated right-of-way. ddiiional Copies $ t Novemb e 20 06
Section 2.That this Ordinance shall be in L�1 '�Q
full force and take effect fifteen (15) days ®vas, ...
from from and after the date of its passage. S'T " 'e\�� Notary Public' g ty,
PASSED: October 31,2006,7-0 4Tjr OF 1'
APPROVED BY: S t f Nebraska
MIKE FAHEY 11/2/06
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
11-8.06
n (15) days
from and after the date of its passage.
BUSTER BROWN,
City Clerk
10-20-06
abutting property; and the right so reserved
shall also include such lateral connection or
branch lines as may be ord ered, 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.
Section 2.That this Ordinance shall be in
full force and take effect fifteen 1151 days .
from and after the date of its passage.
. PASSED: October 31,2006,7-0 ' .
APPROVED BY: -
MIKE FAHEY 11/2/06
MAYOR OF THE
• CITY OF-OMAHA
BUSTER BROWN, . •
City Clerk
11-806
•
1�
tructures 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.That this Ordinance shall be in
full force and take effect fifteen (15) days -
from and.after the date of its passage: •
BUSTER BROWN,
• City Clerk
10-20-06
•
•
•
0 -a n 0 D .v
(t,t-t co Fir
rr I
r
` - H a
`' zz Q z - 1
o Qx 0 O
0 rn Z
v XI
z Z
z M
n
m
"d't3 'F4 o w i w o 8 PD w n
ue � '� o a � oo °s ni
'I --.7.--- °c:i co 2 ff. F.'+' F:1, - ir?) ,g,) g z ...z\
0 u:'
F:1 • 74 r61
,),., i cs
sr
N �? •o 0,7
cu
O f, An N c,
O w
4-ors t4.2 /49O
•
•
•
•
•
•
•
•
•
1
_.\,
f'3 c LC1f+
"NOTICE TTO PUBLIC" - THE DAILY RECORD
• The following Ordinance has been set for
City Council hearing o'n October 24, 2006, �/�A U A
at 2:00 p.m., in the Legislative Chambers, OF O MAHA
Omaha/Douglas 'Civic Center, 1819 Farnam
Street, at which hearing .all persons RONALD A. HENNINGSEN, Publisher
interested,mayINA Ce heard. PROOF OF PUBLICATION
AN ORDINANCE declaring the necessity
of appropriating, for use of the City of
Omaha, the necessary lands for the purpose
of constructing a southbound right turn lane UNITED STATES OF AMERICA,
for the main entfance'to the new Wal-Mart
located at 72tid'& Hickory Streets, identified The State of Nebraska, SS.
as OPW 51183; providing that the City District of Nebraska,
negotiate with the property owners for land
acquisitions, permanent easements and County of Douglas,
temporary construction easements; City of Omaha,
as to each -specified parcel
which cannot be obtained by negotiation,
condemnation proceedings be undertaken J.BOYD
and completed; and, providing for the
effective date hereof.
BUSTER BROWN, being duly sworn,deposes and says that she is
City Clerk
10-20-06 ____ _ LEGAL EDITOR
of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
October 20, 2006
That • aper during that time was regularly published and
in ' Alcifoaktykk in the County of Douglas,and State of Nebraska.
-�NERA
kS^.. L'
RV
f Subscribed• resence and sworn to before
y,�ighet tittMs ES$ l.!•- me this 20 day of
7� EXP
ditiepal Copies OctoberL
0 06
M
T 20� 0
qE OFNE Notary Public iunty,
cv
4- .•G'�ERA(
RY * Subscribed in my i esence and sworn to before
Np?SSION
Ptlilislot g $ �• me this 8 th day of
ddiit$onal Copiestio$' November 20 06
O
c-a
sT4rEoo NE. ' Notary Public in ounty,
• St _, f N a
1
s:
lateral connection or branch lines as may be That _Newspaper during that time was gularly published and
ordered, desired or permitted by the City or in g,, -'; g atlon in the County of Dougl , d State of Nebraska.
such other utility and to enter upon the '+
premises to accomplish the above purposes, ,•A .......• R
at any and all times;provided that such right �' Q � E.RA(
of authorization for any public utility or cable .0 G Subscribed in esence and sworn to before
television system shall terminate as to a 0 • Ry } L
,public utility or cable television system that j'ubl?tsher�QS\0N$ 'I 0 me this 8 th day of
executes a written waiver or release of its'
right to construct,maintain, repair,renew or,, y. r COc�PwRES t
operate in the vacated right-of-way. ddiiional Copies $ t Novemb e 20 06
Section 2.That this Ordinance shall be in L�1 '�Q
full force and take effect fifteen (15) days ®vas, ...
from from and after the date of its passage. S'T " 'e\�� Notary Public' g ty,
PASSED: October 31,2006,7-0 4Tjr OF 1'
APPROVED BY: S t f Nebraska
MIKE FAHEY 11/2/06
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
11-8.06
n (15) days
from and after the date of its passage.
BUSTER BROWN,
City Clerk
10-20-06
abutting property; and the right so reserved
shall also include such lateral connection or
branch lines as may be ord ered, 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.
Section 2.That this Ordinance shall be in
full force and take effect fifteen 1151 days .
from and after the date of its passage.
. PASSED: October 31,2006,7-0 ' .
APPROVED BY: -
MIKE FAHEY 11/2/06
MAYOR OF THE
• CITY OF-OMAHA
BUSTER BROWN, . •
City Clerk
11-806
•
1�
tructures 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.That this Ordinance shall be in
full force and take effect fifteen (15) days -
from and.after the date of its passage: •
BUSTER BROWN,
• City Clerk
10-20-06
•
•
•
'NOTICE TO "g - THE DAILY RECORD
ORDINANCE NO.37525
AN ORDINANCE useng the necessity OF O'` - IJ -
of appropriating, for of the City of l�/�
Omaha, the necessary lands for the purpose
of constructing a southbound right turn lane RONALD A. HENNINGSEN, Publisher
for the main entrance to the new Wal-Mart
located at 72nd & Hickory Streets, identified PROOF OF PUBLICATION
as OPW 51183; providing that the City
negotiate with the property owhers for land
temporaryacquisition pco rmst uctione•ase ents easements; UNITED STATES OF AMERICA,
providing that as to each specified parcel The State of Nebraska,
which cannot be obtained by negotiation, SS.
condemnation proceedings be undertaken District of Nebraska,
and completed; and, providing for the County of Douglas,
effective date hereof.
SUMMARY: City of Omaha,
AN ORDINANCE declaring the necessity
of appropriating, for use of the City of
Omaha, the necessary lands for the purpose J.BOYD
of constructing a southbound right turn lane
for the main entrance to the new Wal-Mart being duly sworn,deposes and says that she is
located at 72nd & Hickory Streets, identified
as OPW 51183; providing that the City LEGAL EDITOR
negotiate with the property owners for land
acquisitions, permanent easements and
temporary construction easements; of THE DAILY RECORD, of Omaha, a legal newspaper,printed and
providing that as to each specified parcel published daily in the English language, having a bona fide paid
which cannot be obtained by negotiation,
condemnation proceedings be undertaken circulation in Douglas County in excess of 300 copies, printed in
and completed; and, providing for the Omaha,in said County of Douglas,for more than fifty-two weeks last
effective date hereof.
PASSED: October 31,2006,6-0-1 PASS past; that the printed notice hereto attached was published in THE
APPROVED BY:
MIKE FAHEY 11/2/06 DAILY RECORD,of Omaha,onMAYOR OF THE •
�f
CllYOFOMAHA November 8, 2006
BUSTER BROWN,
City Clerk
11-8-06 -
Th_,�:•:..coN -.4 .aper during that time was egularly published and
• -T..�).,n in the County of Doug , State of Nebraska.
I
• typtARYON•\ 1, Subscribed in y/ resence and sworn to before
i apblisl iS $•'1' 5 0 me this 8th day of
•dd3,fional Copied$ i Nt7VPfl1hP 20_0_6
I • •Mqqyy 20�'..f.t"
!lt 07 -wotar oY@.�r/ I 9
,4,`, v 4 NE�__ Notary Public
St in Ne ras as County,
branch lines as may be That _Newspaper during that time was gularly published and
ordered, desired or permitted by the City or in g,, -'; g atlon in the County of Dougl , d State of Nebraska.
such other utility and to enter upon the '+
premises to accomplish the above purposes, ,•A .......• R
at any and all times;provided that such right �' Q � E.RA(
of authorization for any public utility or cable .0 G Subscribed in esence and sworn to before
television system shall terminate as to a 0 • Ry } L
,public utility or cable television system that j'ubl?tsher�QS\0N$ 'I 0 me this 8 th day of
executes a written waiver or release of its'
right to construct,maintain, repair,renew or,, y. r COc�PwRES t
operate in the vacated right-of-way. ddiiional Copies $ t Novemb e 20 06
Section 2.That this Ordinance shall be in L�1 '�Q
full force and take effect fifteen (15) days ®vas, ...
from from and after the date of its passage. S'T " 'e\�� Notary Public' g ty,
PASSED: October 31,2006,7-0 4Tjr OF 1'
APPROVED BY: S t f Nebraska
MIKE FAHEY 11/2/06
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
11-8.06
n (15) days
from and after the date of its passage.
BUSTER BROWN,
City Clerk
10-20-06
abutting property; and the right so reserved
shall also include such lateral connection or
branch lines as may be ord ered, 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.
Section 2.That this Ordinance shall be in
full force and take effect fifteen 1151 days .
from and after the date of its passage.
. PASSED: October 31,2006,7-0 ' .
APPROVED BY: -
MIKE FAHEY 11/2/06
MAYOR OF THE
• CITY OF-OMAHA
BUSTER BROWN, . •
City Clerk
11-806
•
1�
tructures 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.That this Ordinance shall be in
full force and take effect fifteen (15) days -
from and.after the date of its passage: •
BUSTER BROWN,
• City Clerk
10-20-06
•
•
•