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ORD 36987 - Necessity of appropriating lands for constructing Gibson Rd viaduct EIVEDPublic Works Department %` Omaha/Douglas Civic Center �" ' , 1 1819 Famam Street,Suite 601 -kkF I. 39 Omaha,Nebraska 68183-0601 March 22 2005 (402)444-5220 Fax(402)444-5248 it'" CLERK koft:Ws` °t4AHA. NCf3�2k$Kt. Ca of Omaha Henry Vieregger,P.E. City 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 the Gibson Road Viaduct, identified as Special Project 90-3, Federal Aid Project STPN-28(66). 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 Street and Highway Bond Organization 116167, 2000 Street and Highway Bond No. 1(2005 funding), Fund 13175. 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. /71 •— ieregger, . . ate Robert C. Peters S. , Date. Public Works Director Planning Director Approved as to Funding: Referred to City Council for Consideration: ,3)+5 0‘47— 3 Carol A. Ebdon ,4f'f Date Mayor's Office Date Finance Director P:\PW2\11610pjm.doc • ORDINANCE NO. AN ORDINANCE declaring the necessity of appropriating, for use of the City of Omaha, the necessary lands for the purpose of constructing the Gibson Road Viaduct, identified as Special Project 90-3, Federal Aid Project STPN-28(66); 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 the Gibson Road Viaduct identified as Special Project 90-3,Federal Aid Project STPN-28(66). 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 and said Department shall report on said negotiations to this Council. 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, ORDINANCE NO. C3(9f 1 PAGE 2 together with the Law Department of the City of Omaha, to 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 ?kw P a_gte APPROVED BY: MAYOR OF THE CITY OMAHA DATE PASSED APR 1 2 2005 ai Ci,ne,i eGY ',—O ATTEST: C CL RK F_T E ITY OF OMAHA DATE :�. APPROVED AS TO FORM: :_ i • ( CITY ATTORNEY DATE P:\PW2\11611pjm.doc - ' - • - ,_ _. , . ,. - . ....- • . ,. . .) , •. . . ) , : . . . .. . EXHIBIT "A" N , . ,.. . . ,. , . . . . . . . 11:1' Aar. . pilM IN . Aro IIII MI G L .1 . , co . J . .- i cr Blk 7 . c S.L 1 3 0 T.L.1 . (.7; (3 . er-.:•) 11.c it LI1401001 F•...) .1 .., . (,) , G L.2 • 16• .. ...,,, el . MiSsouri Ave-.1 . ... .• .. 1. I, Missouri Ave. m 52 . 4 ' t . .. . . . • . - - ME -0 a P 0 .... ,. E , 03 25 4 0 u) , - ..... 26 ' , z ! 52 < iii 50 G L.2 / I 2 se fx ill o . W 6111 is U.I L.L_ . • :4 C. WI , 0 15 THIRTEE THS ADD WIWI .1 z me rt-,,16• CO 26 NMI ' 17 . , . . MN (,) 1 . . . ... - IIM ii-'19 •--.. Mil ,_+... . ...J M St. 0 CO Tax Lot 27 1 OM Parcel'A . 11:11 lin - I . I . . riF Irie . i Rh _III r- I OM . Vs r---------r— gidpsimmimem i • . • on NOM -di . Archer Ave. •JI .....m. 1.'1."mu 1111 a_m \....----=- • 4 11111 -------.---.----______ 7 ioa . T L.21 : -11-7-- .-a-- --- • Page 1 of 1 . • . : S.P. 90-03 -. • .. . .. . . , . . • . . , --- -'I...-- • -. _.. ___ __ .— . MOTION BY COUNCILMEMBER I hereby move that Council Document No. 3 Gob , Current Series, be amended by deleting the existing "Exhibit A" and inserting in lieu thereof the attached"Exhibit A". APPROVED AS TO FORM: -/- 05 CITY ATTORNEY DATE P:\PW2\12203pjm.doc � o cfa z -13 - m r rn � � r ea • INTER-OFFICE COMMUNICATION April 1,2005 TO: Buster Brown, City Clerk FROM: Mark Larson, Right of Way Manager, Public Works Department/yy,Z SUBJECT: CCID #336—Gibson Road Viaduct Necessity Ordinance Attached is a revised Exhibit "A" for the referenced ordinance that is scheduled for third reading on April 12,2005. The project limits are being extended to provide for recent plan revisions. PWD\c:\documents and settings\mlarson\my documents\gibsonrdamendment.doc • EXHIBIT "A" N 4 S. 6: T L.8 'a: Er F Will orm O� G.L.1 110144173 1� BIk.7WNW S.L.1 � T.L.1 N • A 17 `"" GL2 �' 1681<27 km/ .. 15 9 01 Missouri Ave. Missouri Ave. 0 MI . c n WM Milli .2 O 25 (� 26 52 aMil 'tp 50 G.L.2 1116 w L, w • � F Z Lill THIRTEEN TH S ADD /lc WM -16m26MIS_ w 17 N M St. O 11 iii . z 5 c� ZtceiA2I__ 7 ' LL6 Rillski © FrIIIIIIM gm an - co Archer Ave. 'U co 2 a • - s--- 0 • 7 T.L. 21 p St. . Page 1 of 1 S.P. 90-03 . 3 ,l • aro d5 o • CD ril `0 CD IQ 0 Ca, CD 0 CD OO C1 Y { t g '''...... 00 \ 'F CD a C \ (- cts 5. C.) bd CD q C b o �. g0 x 1 N. A 0 0 'D co C rt com .. CD W W r r n n CA - a `� - 0 o Z z el • o T Vl O ` = M 111 M V 0 Z Z Z G) (01) n rn CDn� nz , 000mfD -a a 0 � � Z 70 G, m ao = Trt3 -c <_• m 0 CD 4 fD 0 C OJ a A. G? N -o0 0 N c Z (� , m o n r CD CD °cre 70 ° r DU rtcoz o .i un �" la ni n 7 7 fD rt W p Q: D rn r 0- d 0) a) f=D (TD a N p Z Z p o n n rDD o , n\ m- O CD-, —, CL 3 ru � �G� rt � rn • n) = n &i -' - a c1- .- c art � o 3 CD d = = * l_ OOCU °J < cu Le, . D � a O Ort= D (D 2,, O (D N `� -0 0-0 a 0 fD (0 v, a)' N o O r r 6.Owl CDD 4 rrt-• p (D rr 7 S ° -' CD a. o � CD fa fD T 1-+ Le) mO ...11k `�\ % d rt \ L rn k 1° �Q lb \ ` = cr' m �� ca Z i, , 1 1p , ... 2 �. , rn v1 , • ,.. ,,,L\ N ' \ _ N yir: ),=4ni'' ,. .,�, v. 0 W in ct, ' ,A C 2 m-I 2 A 0 i in 73 14. .1.4 1- U,\ i 'NOTICE TO PUBLIC" THE DAILY RECORD The following Ordinance has been set for �/���� City Council hearing on March 29,2005,at OF OMAHA 2:00 p.m., in the LSgislative Chambers, Omaha/Douglas Civic Center, 1819 Farnam RONALD A. HENNINGSEN, Publisher Street, at which hearing all persons interested;may be 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 the Gibson'Road Viaduct, UNITED STATES OF AMERICA, identified as Special Project 903,-1=ederal Aid The State of Nebraska Project STPN-28(66); providing that the City SS. negotiate with the property owners•for land District of Nebraska, acquisitions, permanent easements and Countyof Douglas, temporary construction easements;' ou g providing that as to each specified parcel City of Omaha, which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the J.BOYD effective date hereof. BUSTER BROWN, being duly sworn,deposes and says that she is City Clerk s-z5-as 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 March 25, 2005 ' tAs d ,n er during that time •as { arty published and ekfi the County of I r • stand ' ate of Nebraska. oN DTARY Subscrib my presence and swor�lrte fueTore M . SIQ {�y f lisheFeS $ me this 25th day of March05 tila.f Co i k3$ 0 4,,?F R Notary Public• r as oounty, S t ebras a n f • i 'NOTICE TO PUBLIC' THE DAILY RECORD ORDINANCE NO.36987 AN ORDINANCE declaring the necessity OF OMAHA of appropriating, for use of the City of I Omaha, the necessary lands for the purpose ` of constructing the Gibson Road Viaduct, RONALD A. HENNINGSEN, Publisher Projected as Special Project 90-ing Federalthe Aid PROOF OF PUBLICATION Project STPN-28(661; providing that the City negotiate with the property owners for land acquisitions, permanent easements and temporary construction easements; UNITED STATES OF AMERICA, providing that as to each specified parcel which cannot be obtained by negotiation, The State of Nebraska, SS. condemnation proceedings be undertaken District of Nebraska, and completed; and, providing for the effective date hereof. County of Douglas, 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 the Gibson Road Viaduct, identified as Special Project 90-3,Federal Aid Project STPN-28(66); providing that the City being duly sworn,deposes and says that she is negotiate with the property owners for land acquisitions, permanent easements and LEGAL EDITOR temporary construction easements; providing that as to each specified parcel of THE DAILY RECORD, of Omaha, a legal newspaper, printed and which cannot proceedings e by negotiation, undertaken ublished dailyin the En lish lan a e havinga bona fide aid condemnation be undertaken p g � g + P and completed; and, providing for the circulation in Douglas County in excess of 300 copies, printed in effective date hereof. PASSED: April 12,2005,AS AMENDED,7-0 Omaha,in said County of Douglas,for more than fifty-two weeks last APPROVED BY: past; that the printed notice hereto attached was published in THE MIKE FAHEY 4/14/05 MAYOR OF THE DAILY RECORD,of Omaha,on CITY OF OMAHA BUSTER BROWN, April 20 , 2005 City Clerk 4-20-05. . That 'etp.per during that time was arly published and in, 4a1c ;� t�t�`-k�• the County of Dougl State of Nebraska. t, . NOTARY ¢ Subscribed in p ence and sworn to before ,,��ee,, W � I° 30 20th Piil�ish�r'�Fl�e�' � � me this ,ay of LXr1RES l; ddibor�al Copies�$o• "i Ap r i 1 ,0-0 5 X T4 a %3 O Notary Public in : . .r :o • al County, `^: •t, ‹4t St: braska