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
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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:
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:"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