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ORD 37024 - Agmt for sale of 2119 Grand Ave to Mary E Moore pti1AHA, p6 4O Q �� z r r, -fi h f'.' Planning Department Omaha/Douglas Civic Center ret .46 4 i 1819 Farnam Street,Suite 1100 Zr+T7.4 -470 co laD i+ " I Omaha,Nebraska 68183 �F-T-x� •=: (402)444-5150 OQ'r�D FEBR��4; ' Telefax(402)444-6140 f ' ^' • Robert C.Peters City of Omaha Director Mike Fahey,Mayor April 19, 2005 Honorable President and Members of the City Council, The attached Ordinance approves an Agreement with Mary E. Moore, 2121 Grand Avenue, Omaha, Nebraska 68110, for the City to convey an irregular strip of vacant, abandoned railroad right-of-way in order to eliminate an unconventional lot line and to restore the adjacent residential lot to its originally platted size and configuration (as shown on the attached map). The City of Omaha received the right-of-way from the Land Reutilization Commission (LRC) to complete an assemblage of land for construction of new, affordable housing under the Community Development Block Grant Program. As a small, unusable, remnant of that right-of- way, the property being conveyed to Ms. Moore contributes no value to the City owned lots. It was originally platted as part of the property owned by Ms. Moore and the attached agreement will restore the lot to its originally platted dimensions. 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 Crown IV Redevelopment Project Account, Fund 12186, Organization No. 129122. Your favorable consideration of this Ordinance is requested. Sincerely, Referred to City Council for Consideration: fr . ?f or Robert C. Peters Date Mayor's Office Date Planning Director P:\PLN2\11980pjm.doc ORDINANCE NO. a�Q 2q 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 Mary E. Moore, 2121 Grand Avenue, Omaha, Nebraska 68110, to convey the abandoned railroad right-of-way located adjacent to 2119 Grand Avenue (as shown on the attached map) and legally described as, the right-of-way in Lot 11, Block 1, Yates &Hempels Addition, an addition to the City of Omaha, as surveyed, platted and recorded in Douglas County, Nebraska, 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 129122. WHEREAS, on July 1, 2002, the City of Omaha received the right-of-way from the Land Reutilization Commission of Douglas County, to complete an assemblage of land for the development of new, affordable housingunder the Community Development Block p Grant Program; and, WHEREAS, conveyance of the vacant remnant will eliminate an irregular lot line and allow for regularly configured lots for the construction of new, affordable housing on property now owned by the City; 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 Mary E. Moore, 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 as, the right-of-way in Lot 11, Block 1, Yates & Hempels ORDINANCE NO. (3Q,21/ PAGE 2 Addition, an addition to the City of Omaha, as surveyed, platted and recorded in Douglas County,Nebraska. 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 Mary E. Moore, for the sum of One Dollar ($1.00). 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 11101/,,,. . `v(44 APPROVED BY: hA &C d )_r-"D.S MAYOR OF THE CITY OF MAHA DA PASSED JAY - 3 2005 --O ATTEST:Y i - 0 CITY. CLIc E ER THE CITY OF OMAHA D TE L. y APPROVED AS TO FORM: < ---- ,. ,C_ ,_`` i / -r CITY ATTORNEY DATE P:\PLN2\11981pjm.doc Lot 11 - 2119 Grand Ave Saratoga St III"IIIII III C, 6 Grand Ave 11111 10 9 8 7 5 4 MN RA (35) 1111111 N YATES & HEcn gigM ' EL ADD R41 kmb2ibib, R4(3A ) 1Reo13 14 = o m Larimore Ave w a R 5 rl ,7 = 5 4/ Rill d Fowler Ave I SUBJECT AREA IS SHADED 0 100 200 FeetXI PURCHASE AGREEMENT Comes now, the City of Omaha, a Municipal Corporation, (hereinafter referred to as the "seller") and Mary E. Moore, (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: Right-of-way in Lot 11, Block 1, Yates and Hempels Addition, an addition to the City of Omaha, as surveyed, platted and recorded in Douglas County,Nebraska. 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 Farnam 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 2 S day of r,r; , 2005. Mary E.6Moore 2121 Grand Avenue Address Omaha, Nebraska 68110 City/State/Zip Code 2 . STATE OF NEBRASKA ) ) ss COUNTY OF DOUGLAS ) The foregoing instrument was acknowledged before me on f,4 I -Z, , 2005 by Mary E. Moore. GENERAL NOTARY-State of Nebraska Z ri� My C Comm.omm.Exp.la PHER n. WHA AYNE2008 it‘A Notar Public My commission expires vii-7 (4-1-i 2'c&' EXECUTED this . day of , A. D. 2005. ATTEST: THE CITY OF OMAHA, A Municipal Corporation I CLERK - MAYOR OF THE C Y OF OMAHA APPROVED AS TO FORM: .- ----, rs (---9 C-4(c1C - ASSISTANT CITY ATTORNEY 3 Di C 0 C (D cor (D co C A A Cil a r 1- I 0 o m H is 4 . v 73 0 Z 1-1 Z z G (1) n m 1-- CD= o o 103 �� � 0 c <in n �-a o a 0 ,-r 7 = lD 0 < 1-1 �' CDar73O10 =, Z O ? vV) n a fa) a = CDo0No. NJ a) 03 c� Z m N' < c r,? r' 3 N , R F): c 2 O a m o C- z� . ra � � z an O = 0 O 3 �' 'r n n N rr--r n <a-Di a) d- > -,. D r3-r N 0. 7 'a n' 00c o nQ °'- r� = co3 -' of nG. 0 „ _,_, 7 On Q c O '• O rt rt fl) a) 10 X. (D = 7 rt (D O.D O ((D fl1 7)• - , r, - N C O N S n0 '0 -1 ,rt (D c (D = a n 1-` 0 7 0 0 D rOr (D C 0O lD rt p < ~` Di N, CD (D T N a O Q r'r N `n 7 pnj '< (�,� n ? = 3 DJ rt rt rt CU S rt (D 7 O r-r O • O = O (D = 7 (D S O r-r 0 ' a (Jl fD (D = -„ 9° (D 7 QC Qa (D -,, O rr -71 , _ . ` = " (D cn Dl d x �' • m P11 ro O ' a' CA a G, a0, � rn 5 ` Z in -- L -I • .- rn 01 0 • • lb MII. 1 - n elm % t Z �. no G r z �11 r :"NOTICE TO PUBLIC' — — THE DAILY RECORD The following Ordinance has been set for City Council hearing on April 26, 2005, at OF OM1�11L�A H A 2:00 p.m., in the Legislative Chambers, Omaha/Douglas Civic Center, 1819 Farnam Street, at which hearing all persons RONALD A. HENNINGSEN, Publisher interested,may be heard. PROOF OF PUBLICATION AN ORDINANCE approving an Agreement for the sale of City-owned real property; 'td,provide that notwithstanding any provisions of the Omaha Municipal UNITED STATES OF AMERICA, Code to the contrary, the City is authorized to enter into the attached Agreement with The State of Nebraska, SS. Mary E. Moore, 2121 Grand Avenue, District of Nebraska, Omaha, Nebraska 68110, to convey the abandoned railroad. right-of-way located County of Douglas, adjacent to 2119 Grand Avenue (as shown City of Omaha, on the attached map) and legally described as,the right-of-way in Lot 11, Block 1, Yates &Hempels Addition,an addition to the City J.BOYD of Omaha, as surveyed, platted and recorded in Douglas County, Nebraska, for being duly sworn,deposes and says that she is the sum of One Dollar($1.00) and to provide the effective date hereof. The project account is the 2005 Community LEGAL EDITOR Development Block Grant Fund 12186, Organization 129122. of THE DAILY RECORD, of Omaha, a legal newspaper,printed and WHEREAS, on July 1,2002, the City of published dailyin the English language, havinga bona fide paid Omaha received the right-of-way from the g • Land Reutilization Commission of Douglas circulation in Douglas County in excess of 300 copies, printed in County,to complete an assemblage of land Omaha,in said Countyof Douglas,for more than fifty-two weeks last for the development of new, affordable ou gas r ,,housing under the Community past; that the printed notice hereto attached was published in THE hDevelopment Block Grant Program;and, WHEREAS, conveyance of the vacant DAILY RECORD,of Omaha,on remnant will eliminate an irregular lot line and allow for regularly configured lots for April 22, 2005 the construction of new, affordable housing on property now owned by the City. BUSTER BROWN, City Clerk 4-22-05 That said N-q. er during that time was regularly published and in ge)s 0.c�tr�cl la iio the County of D as, d State of Nebraska. Subscribed in y presence -to-before lish@r'sLFee• $;.-2 7 me this V 2 Znd day of Ad -tioisal Copes t$� 20 0 5 Co: ,9 Q. Notary Publi o 0 ounty, ie 0 F VS-��� to Nebraska • 'NOTICE TO PUBLIC' ORDINANCE NO.3.7024 AN ORDINANCE approvin an Agreement for the sale ofO.3.y-awned real; THE DAILY RECORD • t property; to provide that notwithstanding S any provisions of the Omaha Municipal! OF O t Code to the contra MA u e J to enter into the attached Agreement is owith 1 -e' E. RONALD A. HENNINGSEN Omaha, Nebraska 0 Grand Avenue, , Publisher Marya E. Moore,railro 2121rig Grand convey the PROOF adjacent to Grand Avenue (as located OF PUBLICATION + on the attached 2119 map) andAvenue UNITED STATES OF as,the right-of-way in Lot 11,legally describes AMERICA, f &Hempels Addition, an addition tothe City of Omaha, The State of Nebraska, recorded in Douglas County,survey platted and District of Nebraska, for Nebraska, SS. I the sum of One Dollar(E1.00) and to provide r the effective date hereof. TheCounty of Douglas, I account is the 2005 project City of Omaha, Development Block Community I Organization 129122 Grant Fund 127gg WHEREAS, on July 1,2002, the City of Omaha received the right-of-way. tJ.BOYI) Land Reutilization Commission of from Douglas being dulysworn,11 County,to complete an assemblage of land >deposes and says for the development of new, that she is affordable. ( housing under the Community Of T LEGAL EDITOR Development Block Grarit Program;and, 1 WHEREAS, conveyance of the vacant published dailyyRECORD, of Omaha, a legal remnant will eliminate an irregular lot line in the newspaper,printed and i and allow for regularly English language, having 9 y configured lots fore circulation in Douglas County g a bona fide paidn the construction of new, affordable housing Omaha,in said County of Douglas,for mexceore thefifty-twoPles, Printed in on property now owned by the City.( SUMMARY: past; that the AN ORDINANCE printed notice hereto attached was weeks last Agreement for the sale ofaCProving an DAILY RECORDpublished in THE property; to provide that notwithstanding of Omaha,on any provisions of the Omaha Municipal Ma 12, 200 [ Code to the contrary, the City is authorized f J to enter into the attached Agreement with Mary E. Moore, 2121 Grand Avenue, IOmaha, Nebraska 68110, to convey the abandoned oad right-of w adjacent to 2119fr Grand Ave ueay(as located(asI on the attached map)•and legally Thy `'+ ' as,the right-of-way 9 y described r during,that time y in Lot addition Block 1, Yates in �` ♦ was re &Hempels Addition,an to the City. mire to Published and of Omaha, as .survpeyed, +.•'� ¢! �A� the County o recorded in Douglas County, Nebraska,ka,d and d State of Nebraska, r the sum of One Dollar($1:00) and to provide ' the effective date hereof. The ° •'account is "the Project .s -Sg Subsc in my presence Development Block 2005 Community ' tisher'�s A,..--:- r 4 B and O to before Organization 129122. Grant 'Fund 12186, gel "t 12th me this , WHEREAS, on July 1, 2002, the City of Al,'e ti0liate day of Omaha received the right-of-waty �9°GQZ Ma , Land Reutilization Commission of from Douglas Z��••��'r' O 0 20 5 County,to complete an assemblagb of land 'r r •t`•'L /�rm for the development of new, affordable tYI.. P 1 housing undere �"�.�.,_..�.�� Notary Publi Development Block GranthProgram;Community i t�f'r°ug-1nt _ 1 WHEREAS, nce of t and, of Nebraska y'and vacant rem willo eliminate of irregularred line and allow for regularly configured lots for the construction of new, I on property now owned by the Citye. PASSED: May 3,2005, 7-0 APPROVED BY: MIKE FAHEY 5/5/OS MAYOR OF THE CITY OF OMAHA BUSTER BROWN, 5-12-05 CityClerk