ORD 37016 - Agmt for sale of 1713 and 1713 1/2 Clark St and 1811 Clark St to Guillard Properties Inc •
of pi e4 Planning Department
�``►.-!�� ' `' ;,� Omaha/Douglas Civic Center
rV�( , •t� 1819 Farnam Street,Suite 1100
tArtu�r� A��;1 ..„1 U.�1 ,' tj r• P Omaha,Nebraska 68183
°�F_7`� " + 3S! 1 �`� (402)444-5150
A° pry Telefax(402)444-6140
R440 FEB'Ot.
CityRobert C.Peters
`
of Omaha - • Director
Mike Fahey,Mayor
April 12, 2005
Honorable President
and Members of the City Council,
The attached Ordinance approves an Agreement with Guillard Properties, Incorporated, 13964
Sahler Street, Omaha, Nebraska 68164, for the City to convey an unused strip of vacant property
to be developed with market rate housing(as shown on the attached map).
The City of Omaha received the property from the Land Reutilization Commission (LRC) in
anticipation of future development of new, affordable housing under the Community
Development Block Grant Program. Conveyance of the property to Guillard Properties,
Inorporated will allow for the final assemblage of land to construct much anticipated and desired
market rate housing that will benefit the affordable housing developments in the immediate area.
The only expenditure associated with this conveyance is the cost to file a document in the
Douglas County Register of Deeds office to transfer ownership of the property. Any expenses
will be paid from the 2005 Community Development Block Grant, from the Logan Fontenelle
East Redevelopment Project Account,Fund 12186, Organization No. 129126.
Your favorable consideration of this Ordinance is requested.
Sincerely, Referred to City Council for Consideration:
/ 1 /I . .. 3. 0 r - ' -
Robert C. Peters Date Mayor's Office Date
Planning Director
P:\PLN2\12060pjm.doc
:,• II
ORDINANCE NO. L3
AN ORDINANCE approving an Agreement for the sale of City-owned real property; to provide
that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the
City is authorized to enter into the attached Agreement with Guillard Properties,
Incorporated, 13964 Sahler Street, Omaha, Nebraska 68164, to convey the property
located at the 1713 and 1713 V2 Clark Street and 1811 Clark Street (as shown on the
attached map) and legally described in Exhibit "A", for the sum of One Dollar ($1.00)
and to provide the effective date hereof. The project account is the 2005 Community
Development Block Grant Fund 12186, Organization 129126.
WHEREAS, on March 26, 2003, the City of Omaha received the property from the Land
Reutilization Commission of Douglas County, in anticipation of future development of
new, affordable housing under the Community Development Block Grant Program; and,
WHEREAS, conveyance of the vacant property will allow for the final assemblage of land to
construct much anticipated and desired market rate housing that will benefit the
affordable housing developments in the immediate area;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. Notwithstanding any portion of the Omaha Municipal Code to the contrary,
the attached Agreement with Guillard properties, Incorporated, is hereby approved and the
Mayor is hereby authorized to execute, and the City Clerk to attest any documents necessary or
appropriate to convey the property legally described in Exhibit "A".
Section 2. Upon completion of the conditions in the attached Agreement, the Mayor of
the City of Omaha is hereby authorized and empowered to execute a Quit Claim Deed to said
property, and the City Clerk to attest the same to Guillard Properties, Incorporated, for the sum
of One Dollar ($1.00).
ORDINANCE NO. 3`7Q/gyp
PAGE 2
Section 3. That this Ordinance, not being 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 COUNCILMEMBER
p a APPROVED BY:
h-041.4. sr.)604oi ---
MAYOR OF THE CITY r OMAHA DA E
PASSED APR 2 6 2005
ATTEST< .
f CLERK OF THE CITY OF OMAH DA E
• APPROVED AS TO •
C.9- 4-710 r
e4csS-7 CITY ATTORNEY DATE
P:\PLN2\12061pjm.doc
EXHIBIT "A"
LEGAL DESCRIPTIONS
Parcel "A"
1811 Clark Street
The West 50 feet of the North 41 feet of Lot 1, Block 16, E. V. Smith's Addition, an
addition to the City of Omaha as surveyed, platted, and recorded in Douglas County,
Nebraska.
Parcel "B"
1713 and 1713 %2 Clark Street
Part of Tax Lots 27 %2 and 30, Tax Lots located in the NE 1/4 of the NW 1/4 of Section 15,
Township 15 North, Range 13 East of the 6th P. M., Douglas County, Nebraska, more
particularly described as follows:
Beginning at the Northeast corner of Lot 3, Guillard Addition, a subdivision located in
said NE 1/4 of the NW t/4 of Section 15, said point also being the Southeast corner of said
Tax Lot 27 %2 said point also being on the West right-of-way line of an alley; thence
S89°36'35"W (assumed bearing) along the North line of said Lot 3, Guillard Addition,
said line also being the South line of said Tax Lot 27 V2 , a distance of 54.29 feet; thence
N00°08'38"E, a distance of 90.51 feet to a point on the South right-of-way line of Clark
Street; thence N89°46'01"E along said south right-of-way line of Clark Street, a distance
of 54.20 feet to the point of intersection of said south right-of-way line of Clark Street
and the West right-of way line of said alley; thence S00°05'0l"W along said west line of
an alley, a distance of 90.36 feet to the point of beginning.
Said tract of land contains an area of 4,906 square feet or 0.113 acres, more or less.
1
PROPERTY DISPOSITION
Part of Tax Lot 27 1/2 and part of Tax Lot 30
Clark St
Part of
Part of Tax Lot 30 Part of
1 Tax Lot 30 Tax Lot 30
Part of
Part of Tax Lot Part of
Tax Lot 27 1/2 27 1/2 Tax Lot 29
2 -I
V)
co Part of
5`�O'C� Tax Lot 28
• - z 3
3 dP•d Part of
—
� Tax Lot 26
cI 2
PROPERTY TO BE DISPOSED IS SHADED
CIOCity of Omaha 0 50 100 Feet
Planning Department
•
PURCHASE AGREEMENT
Comes now, the City of Omaha, a Municipal Corporation, (hereinafter referred to as the
"seller") and Guillard Properties, Incorporated, a Nebraska corporation (hereinafter referred to as
the "buyer") and agree as follows:
1. In consideration of the sum of One Dollar ($1.00) and other valuable consideration in
hand paid, the receipt whereof is hereby acknowledged, the seller being the owner thereof, hereby
agrees upon the terms and conditions hereinafter stated, to convey to the buyer, 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"
2. The purchase price shall be as follows:
One and no/100 Dollars ($1.00)
3. The Seller shall convey by Quit Claim Deed to the Buyer, its interest in the land legally
identified above (subject, however, to the exceptions of existing easement reservations to
Northwestern Bell Telephone Company, n/k/a U. S. West and Nebraska Power, n/k/a Omaha
Public Power District to construct, operate and maintain a pole line, wires and cables or
underground types along the rear lot line for the purpose of providing telephone and electric light
service), together with all buildings and improvements, hereditaments, and appurtenances thereto
belonging or in anywise appertaining and together with all its right, 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.
4. The seller shall pay all Special Assessments which are not spread on the books 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.
5. Time is of the essence in this Agreement.
6. The contract shall apply to and bind the heirs, executors, administrators, assigns and
successors in interest of the respective parties.
7. 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.
8. The consideration specified in Paragraph 2 (but without any interest thereon) shall be
made upon conveyance to the Buyer of title to the land and shall be full and just compensation
1
for all obligations of the Buyer hereunder and all claims which the Seller may have or assert by
reason of the possession or occupancy of the land by the Buyer.
10. This Offer shall remain in force for a period of sixty (60) days from the receipt by the
City at 1819 Famam Street, Suite 1111, Omaha, Nebraska. Until terminated, this Offer shall be
binding upon the seller and his or her heirs, executors, administrators, successors, or assigns.
11. The Seller will pay One Hundred (100%) percent of real estate taxes due and owing for
the current year to date of closing.
12. 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.
13. 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 Buyer.
14. Special Provisions:
14.1 This Offer is subject to an Ordinance approving the sale of this property.
EXECUTED this f S day of g 9 y(' , 2005.
ert G r lard,President
Guillard Properties, Incorporated
13964 Saltier Street
Address
Omaha, Nebraska 68164
City/State/Zip Code
2
STATE OF NEBRASKA )
) ss
COUNTY OF DOUGLAS )
The foregoing instrument was acknowledged before me on /4 r-cd /S , 2005 by
Robert Guillard,President of Guillard Properties, Incorporated.
GENERAL NOTARY-State of Nebraska
CHRISTOPHER A.WAYNE 4./f
My Comm.BP.Jan.14,2008 �
Notary Public
My commission expires rt 14, "2O0�
EXECUTED this day of 424., , A. D. 2005.
ATTEST: THE CITY OF OMAHA,
A Municipal Corporation
7,1
I Y CLERK MAYOR OF THE CITY OF AHA
APPROVED AS TO FORM:
CS2 �-c3II7/IDS
ASSISTANT CITY ATTORNEY
3
EXHIBIT"A"
LEGAL DESCRIPTIONS
Parcel "A"
1811 Clark Street
The West 50 feet of the North 41 feet of Lot 1, Block 16, E. V. Smith's Addition, an
addition to the City of Omaha as surveyed, platted, and recorded in Douglas County,
Nebraska.
Parcel "B"
1713 and 1713 1/2 Clark Street
Part of Tax Lots 27 1/2 and 30, Tax Lots located in the NE 1/4 of the NW 1/4 of Section 15,
Township 15 North, Range 13 East of the 6th P. M., Douglas County, Nebraska, more
particularly described as follows:
Beginning at the Northeast corner of Lot 3, Guillard Addition, a subdivision located in
said NE 1/4 of the NW 1/4 of Section 15, said point also being the Southeast corner of said
Tax Lot 27 1/2 said point also being on the West right-of-way line of an alley; thence
S89°36'35"W (assumed bearing) along the North line of said Lot 3, Guillard Addition,
said line also being the South line of said Tax Lot 27 1/2 , a distance of 54.29 feet; thence
N00°08'38"E, a distance of 90.51 feet to a point on the South right-of-way line of Clark
Street; thence N89°46'01"E along said south right-of-way line of Clark Street, a distance
of 54.20 feet to the point of intersection of said south right-of-way line of Clark Street
and the West right-of way line of said alley; thence S00°05'01"W along said west line of
an alley, a distance of 90.36 feet to the point of beginning.
Said tract of land contains an area of 4,906 square feet or 0.113 acres, more or less.
•
•
•
•
•
• EXHIBIT "A"
LEGAL DESCRIPTIONS
•
Parcel "A"
1811 Clark Street
• The West 50 feet of the North 41 feet of Lot 1, Block 16, E. V. Smith's Addition, an
• addition to the City of Omaha as surveyed, platted, and recorded in Douglas County,
Nebraska.
Parcel "B"
1713 and 1713 '/2 Clark Street
Part of Tax Lots 27 'h and 30, Tax Lots located in the NE '/4 of the NW 'A of Section 15,
•
•
Township 15 North, Range 13 East of the 6th P. M., Douglas County, Nebraska, more
•
particularly described as follows:
• Beginning at the Northeast corner of Lot 3, Guillard Addition, a subdivision located in
said NE 'A of the NW '/4 of Section 15, said point also being the Southeast corner of said
Tax Lot 27 ''A said point also being on the West right-of-way line of an alley; thence
•
S89°36'35"W (assumed bearing) along the North line of said Lot 3, Guillard Addition,
•
said line also being the South line of said Tax Lot 27 ''A , a distance of 54.29 feet; thence
• N00°08'38"E, a distance of 90.51 feet to a point on the South right-of-way line of Clark
Street; thence N89°46'01"E along said south right-of-way line of Clark Street, a distance
•
of 54.20 feet to the point of intersection of said south right-of-way line of Clark Street
•
and the West right-of way line of said alley; thence S00°05'01"W along said west line of
an alley, a distance of 90.36 feet to the point of beginning.
Said tract of land contains an area of 4,906 square feet or 0.113 acres, more or less.
_.: QUITCLAIM DEED
. CITY OF OMAHA, a Municipal Corporation in the State of Nebraska, GRANTOR,in
consideration of One Dollar ($1.00) and other valuable consideration received from GRANTEE,
Guillard Propereties, Incorporated, a Nebraska Corporation
quitclaims to Grantee, the following described real estate(as defined in Neb. Rev. Stat. 76-201):
See Exhibit"A"
Executed lip, cPef" , 2005
CITY OF OMAHA
• A Municipal Corporation
By:
MAYOR
ATTEST: APPROVED AS TO FORM:
•
47/05-
I'I CLERK A I T CITY ATT EY
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
The forgoing instrument was acknowledged before me on C{ 2- t��
2005 by `1ik --�- - �-z , Mayor of the City of Omaha, a Municipal
Corporation in the State of Nebraska, on behalf of the Corporation.
GENERAL NOTARY-State of Nebraska
CYNTHIA I.FORD
My Comm.Exp.Aug.16,2007
C.
NOTARY PUBLIC
My Commission expires: g// /0.
EXHIBIT "A"
LEGAL DESCRIPTIONS
1713 and 1713 1/2 Clark Street
Part of Tax Lots 27 1/2 and 30, Tax Lots located in the NE '/4 of the NW '/4 of Section 15,
Township 15 North, Range 13 East of the 6`h P. M., Douglas County, Nebraska, more
particularly described as follows:
Beginning at the Northeast corner of Lot 3, Guillard Addition, a subdivision located in
said NE '/4 of the NW 1/4 of Section 15, said point also being the Southeast corner of said
Tax Lot 27 1/2 said point also being on the West right-of-way line of an alley; thence
S89°36'35"W (assumed bearing) along the North line of said Lot 3, Guillard Addition,
said line also being the South line of said Tax Lot 27 1/2 , a distance of 54.29 feet; thence
N00°08'38"E, a distance of 90.51 feet to a point on the South right-of-way line of Clark
Street; thence N89°46'01"E along said south right-of-way line of Clark Street, a distance
of 54.20 feet to the point of intersection of said south right-of-way line of Clark Street
and the West right-of way line of said alley; thence S00°05'01"W along said west line of
an alley, a distance of 90.36 feet to the point of beginning.
Said tract of land contains an area of 4,906 square feet or 0.113 acres, more or less.
QUITCLAIM DEED
CITY OF OMAHA, a Municipal Corporation in the State of Nebraska, GRANTOR,in
consideration of One Dollar($1.00) and other valuable consideration received from GRANTEE,
Guillard Propereties, Incorporated, a Nebraska Corporation ,
quitclaims to Grantee, the following described real estate (as defined in Neb. Rev. Stat. 76-201):
See Exhibit"A"
Executed /7 , 2005
CITY OF OMAHA
A Municipal Corporation
By: ))1..A.A;2...t 41.1-4.A.F
MAYOR
ATTEST: APPROVED AS TO FORM:
A..AX;: - 2 ..� C 7 iZ of
CIT CLERK ASSENT CITY ATTORNEY
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
The forgoing instrument was acknowledged before me on C_ C3. / ,
2005 by -11,:--1..c, < *J/L.c-1._- , Mayor of the City of Omaha, a Municipal
Corporation in the State of Nebraska, on behalf of the Corporation.
iiENERAL NOTARY-State of Nebraska
CYNTFil,a I.FORD
'- s Aug._, My Comm.Exp.Au 16,2007 ��;•-A.Z,tdc� c,' ,L/____
/ NOTARY PUBLIC
My Commission expires: 'l / &/6 7
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•
I "NOTICE TO PUBLIC' --1 THE DAILY RECORD
The following Ordinance has been set for
City Council hearing on April 19,2005, at OF OT/r AA HA
2:00 p.m., in the Legislative Chambers, 1�
Omaha/Douglas Civic Center, 1819 Farnam
Street, at which hearing all' persons RONALD A. HENNINGSEN, Publisher
interested,maybe heard. PROOF OF PUBLICATION
AN ORDINANCE approving an
Agreement for the.'sale of City-owned real
property; to provide that notwithstanding
any provisions of the (Yn aha Municipal UNITED STATES OF AMERICA,
Code to the contrary,I the'City is authorized
to enter into.the attached Agreement with The State of Nebraska, SS.
Guillard Properties, .Inlcorporated, 13964 District of Nebraska,
Sahler Streett'Ornatfer'Nebraska• 68164, to
convey the property Iocated at the 1713 and County of Douglas,
1713 12 Clark Street and-1811 Clark Street(as Cityof Omaha,
1 shown on the•attached map) and legally
described inExhibit''A'„for the sum of One
1 Dollar($11701'and"to`provide the effective. J.BOYD
date herreof.:Ttie project account is the 2005
I Communit);erDevelopment Block Grant Fund 12186,Organization-129126: being duly sworn,deposes and says that she is
•
WHEREAS, on March 26,2003:the City of
' Omaha received the property from the Land LEGAL EDITOR
I Reutilization Commission of ,Douglas
County, y in anticipation of ,future of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
undelo
the Communitye of Development Block �
new, affordable housing published daily in the English language, having a bona fide paid
� under
Grant Program;and, - • circulation in Douglas County in excess of 300 copies, printed in
WHEREAS,..conveyance of the vacant `property will allow for the final assemblage Omaha,in said County of Douglas,for more than fifty-two weeks last
of land to construct much anticipated and { past; that the printed notice hereto attached was published in THE
desired market rate housing that will benefit
the affordable housing.developments in the DAILY RECORD,of Omaha,on
immediate area.
BUSTER BROWN, April 15 , 2005
City Clerk
4-15-05
Th. a. r during that time was regularly published and
in : f` pirculat , .the County of as,and State of Nebraska.
ir4.,,:°,0ERAz'•. 4 fir.
i II NQ i h; Y , Subsc • din my presence and sw -to before
P
•
+ Tv .L-.S 26 ., 15 hday
'?b i er slee>;c, , me this of
Ail itioYlLalopies r •
20 5
't 9 Yogi,.•.. ..
,' rc j' J> Notary Pub i d fo oug as ounty,
_.._"=^ ate of Nebraska
A 'NOTICE TO PUBLIC' •
ORDINANCE'No.37016
• AN ORDINANCE approving an THE DAILY RECORD
Agreement for the sale of City-owned real
property; to provide that notwithstanding OF OMAHA
A LT A
any provisions of the Omaha Municipal 1T1
Code to the'contrary, the City;is authorized
to enter into the'attached Agrieemenf with RONALD A. HENNINGSEN, Publisher
GuSahler, 'Properties,; ncorporate68164, t PROOF OF PUBLICATION
Sahler Street,Omaha`,';iNeT bra ka.68164; to
convey the property located et the 8713'and )
1713 12 Clark Street and 1811 Clark Street(as
shown on the attached map) and legally UNITED STATES OF AMERICA,
described in Exhibit'A',for the sum of One
Dollar($1.00) and to provide the effective • The State of Nebraska,
date hereof. The project account is the 2005 SS.
Community Development Block Grant Fund District of Nebraska,
12186,Organization 129126. County of Douglas,
WHEREAS,on March 26,2003,the City of City of Omaha,
Omaha received the property from the Land
Reutilization Commission of Douglas
County, in anticipation of future J. BOYD
development of new, affordable housing
under the Community Development Block being duly sworn,deposes and says that she is
Grant Program;and,
WHEREAS, conveyance of the vacant
property will allow for the final assemblage LEGAL EDITOR
of land to construct much anticipated and
desired market rate housing that will benefit of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
the affordable housing developments in the published daily in the English language, having a bona fide paidimmediate area.
SUMMARY: circulation in Douglas County in excess of 300 copies, printed in
AN , ORDINANCE approving an Agreement for;the sale of City-owned real Omaha,in said Countyof Douglas, fifty-two for more than fift -two weeks last
property; to,,provide that notwithstanding past; that the printed notice hereto attached was published in THE
any provisions"of the Omaha'Municipal
Code tto the contrary, the City is•authorized DAILY RECORD,of Omaha,on
to,enter,into the attached Agreement with
Guilla?d Properties, Incorporated, 13964 . May 4, 2005
Sahler,Street, Omaha, Nebraska 68164, to
conveythe property located at the 1713 and .
.17131-12tClark Street and 1811 Clark Street(as
shown: ,o ,the'attached.map) and legally
described in Exhibit'A',for the sum of One
Dollar($1.00) and to provide the effective •
d'aterh'ereof.,Theproject'aceount is the 2005 Th w er during that time as regularly published and
Commun_itygDt vel en;l;BlockkGrant Fund in • the Countyof D ,tl. State of Nebraska.
12186;REASizatwn 12g126. �
WHEREAS;.ron�March 26,2003, the City of Ct`•,••�GGNE'
• Omaha-received the propertytfrom the Land f" Rol ':
Reutilization,",,iComhik'sion.iti_of Douglas •
1. "
County, in $anticipation of future _ r Subscrib in my presence and sworn to before
development of' new, affordable housing 4`F•
under the Community Development Block ubl;she Fee` me this 4th day of
Grant Program;and, -' n Ir+=$ May Qrj
WHEREAS, conveyance of the vacant ding Co Copies �$ 0
property will allow for the final assemblage p lS
of land to construct much anticipated and ; ��A�'�y ���•'•
TF'rbal... .
desired market rate housing that will benefit
-
the affordable housing developments in the k.` OF NEB%' Notary Public• d rikS s County,
immediate area. `°'..�a • S t o ebraska
PASSED: April 26,2005,7-0
APPROVED BY:
MIKE FAHEY 4/28/05
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
- 5-4-05