ORD 36276 - Vacate Burt St from 47th St east to alley 014"A'NF �-
a F �' ',.�= 1 . !_
` � � Public Works Department
�'"'s�"�' `� April 29 2003 Omaha/Douglas Civic Center
�+I� (.J� 1 �, 03 U R 18 1819 Famam Street,Suite 601
��.�_`: Omaha,Nebraska 68183-0601
0'F" 3>
�A�ro (402)444-5220
oA'��D FEBa�t4� CITY CLLF,K Telefax(402)444-5248
City of Omaha CI l•i A H A, N( 'u=R, '+C:4„!,
Norm Jackman,P.E.
Mike Fahey,Mayor - Acting Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a proposed Ordinance to vacate the following:
Burt Street from 47th Street east one-half block to the north/south alley.
The area to be vacated comprises 5,400 square feet, being 135 feet in length by 40 feet in
width.
The approval of the Planning Board at their meeting of September 4,2002 is attached. The vacating
petition is also attached.
The form of the documents for this vacation has been approved by the City Law Department.
This vacation will allow consolidation of the right-of-way with the adjacent property.
An Administrative Fee of$250.00 has been paid to the City by the applicants. The Administrative
Fee Committee has reviewed this vacation request and recommended that a value calculation fee of
$1,350.00 be assessed. This fee has also been paid.
The Public Works Department recommends approval of the proposed Ordinance.
Respectfully submitted, This action has been reviewed and found to be
in conformance with the Master Plan.
c,rk f og
Jac , P.E. Date obert C. Peters 5. 3. Date
Acting Public Works Director Planning Director
Referred to City Council for Consideration:
Mayor's Office Date
P:\PW2\8599pjm.doc
Att.
•• r
ORDINANCE NO. 3dr.,-2
AN ORDINANCE vacating Burt Street from 47th Street east one-half block to the north/south alley
in the City of Omaha and providing the effective date hereof.
WHEREAS,petition representing owners of more than 75 percent of the property abutting on Burt
Street from 47th Street east one-half block to the north/south alley has been filed with the
City of Omaha; and,
WHEREAS,said property owners have in and by said petition waived any and all damages that may
be occasioned by said vacation.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA;
Section 1. That Burt Street from 47th Street east one-half block to the north/south alley
abutted by Lot 10, Block 1, Kosters Addition and Lot 22, Block 5, West Cuming, located in the
Southwest Quarter Section 17-15-13
be, and hereby is, vacated; the vacating of the property herein described, and the
reversion thereof, pursuant to applicable law, shall be subject to the conditions and
limitation that there is reserved to the City of Omaha the right to maintain, operate,
repair and renew sewers now existing therein and in the future to construct,maintain,
repair and renew additional or other sewers,and also the right to authorize the public
utilities and cable television systems to construct, maintain, repair or renew and
operate now or hereafter installed water mains and gas mains, pole lines, conduits,
electrical transmission lines, sound and signal transmission lines and other similar
services and equipment and appurtenances above, on and below the surface of the
ground for the purpose of serving the general public or abutting property; and the
right so reserved shall also include such lateral connection or branch lines as may be
ordered, 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.
ORDINANCE NO. c367t/IP
PAGE 2
Section 2. That this Ordinance shall be in full force and take effect fifteen(15)days from and
after the date of its passage.
INTRODUCED BY COUNCILMEMBER
�--� APPROVED BY:
)1N.A:16t
74.51.43
MAYOR OF THE CITY Z
OMAHA DATE
PASSED MAY 1 3 2003 0.-7-61
ATTEST: -
5//5/23
CITE';CLERK OF THE CITY OF OMAHA DATE
APPROVED AS TO FORM:
•
CITY ATTORNEY DATE
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• • • • • PETITION •
•
•
Honorable President and Members of the City Council
Omaha/Douglas Civic Center •
Omaha, Nebraska 68102
We, the undersigned, owners of property representing more than 75 percent of the abutting property, hereby ask
and petition that the necessary action be taken to vacate Burt Street from 47th Street east 1/2 block
. • until the alley
•
and we, hereby respectively, waive any and all damages, or claims for damages by reason of said vacating.
Name of Owner Date Signed , . Description of Property Frontage No. of Feet
s- oa poi n . 1 / s1- .
a.• 2_i-30=02_ (oill W Z_ .-^t• --.
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•
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(INDIVIDUAL)
Acknowledgement of signature to petition for vacating and narrowing of the following part of
street(s) _ to wit: Burt Street from 47th Street east 1/2 block to alley
alley(s)
within Omaha, Nebraska
State of Nebraska
ss.
Douglas County)
On this 23rd day of May A.D., Nineteen Hundred and 02
before me, a Notary Public in and for said County, personally appeared Lynn M. Dozler
who is personally known to me to be the identical person(s) whose name(s) is affixed to the annexed
are are
petition of owners of lots and lands abutting upon said part of saili=10 n the City of Omaha,
a -y s
he
Nebraska for vacation of said part of sai. •nQrshe hav�acknowledged the signing of said
41311)
a ey s they
his
petition to b her voluntary act and deed.
t eir
Witness my hand and notarial seal on the day and date above written.
GENERAL NOTARY-State of Nebraska
(SEAL) ,, j.... JUDYS.PRESTON
My Comm.Exp.Oct.27,2005 Notary Public
My Notarial Commission expires the day of 19
tl`. . •
(INDIVIDUAL)
Acknowledgement of signature to petition for vacating and narrowing of the following part of
streets) _ to wit: Burt Street from 47th Street east 1/2 block to alley
alley(s)
within Omaha, Nebraska 1
State of Ne 4,a3 ki _ )
) ss.
ili ta kz 5 County)
On this 30 day of /' dV A.D., md
n r 1✓ /
before me, a Notary Public in and for said/ /`County, personally appeared Yar k E. 1V qQQ /`G
anal rand; 4. (r r ;P,,z..S
•
ex t. e
who ' personally known to me to be the identical person(s) whose name(s) a'��affixed to the annexed
petition of owners of lots and lands abutting upon said part of said alley(s) in the City of Omaha,
Nebraska for vacation of said part of said rtrcct(sj and she" 'has'acknowledged the signing of said
alley(s) they have
petition to be 14er'voluntary act and deed.
their
Witness my hand and notarial seal on the day and date above written.
jinGENERAL NOTARY•State of Nebraska i
PAMELA S.PERRY Illy Comm.Ey.Not 17,2005 1Zi..)
4.
(Notary Publ'
a0°5
My Notarial Commission expires the tallof
t1 o4.erA
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PARC 1468 0000 15
FB 10 STATUS 2 CLASS R
EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F-
PROP HOUSE HALF DIR ----STREET NAME----- TYPE SUFFIX APT AREA .ZIP CODE
ADDRESS 00801 N 047 ST OMA 68132
--------------------------OWNER INFORMATION----------------------------
NAME LYNN M*DOZLER DATE OF LAST CHANGE 04-07-1994
+ 801 N 47 ST DEED BOOK 1974 PAGE 259
ADDR HOMESTEAD DELETE
CITY OMAHA ST NE ZIP 68132 NON NUMERIC ZIP CODE
-----------------------CURRENT VALUE------------------------ ----HOMESTEAD-----
YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE
2001 03-16-2001 6800 50200 57000 MVU
ADDITION NO. 20920 LOT 10 HALF BLOCK 1 HALF
KOSTERS ADD SECT TOWN RANGE PLAT 0326
---------LEGAL DESCRlPTION--------- ---------LEGAL DESCRIPTION---------
1 54 X 135 2
. �
3 4
5 ' 6
7 8
PF1-ADFB PF5-PNFB PF6-PAFB
'
PARC 3615 0000 24
FB 10 STATUS 2 CLASS R
EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SII) F-
PROP HOUSE HALF DIR ----STREET NAME----- TYPE SUFFIX APT AREA ZIP CODE
ADDRESS 00641 N 047 ST OMA 68132
--------------------------OWNER INFORMATION----------------------------
NAME MARK E*NYGAARD ETAL DATE OF LAST CHANGE 01-30-2001
+ 641 N 47 ST DEED BOOK 2172 PAGE ^99
ADDR HOMESTEAD DELETE
CITY OMAHA ST NE ZIP 68132 NON NUMERIC ZIP CODE
-----------------------CURRENT VALUE------------------------ ----HOMESTEAD-----
YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE
2001 03-16-2001 6300 ' 68600 74900 MVU
ADDITION NO. 42280 LOT 22 HALF BLOCK 5 HALF
WEST CUMING SECT TOWN RANGE PLAT 0324
---------LEGAL DESCRlPTION--------- ---------LEGAL DESCRIPTION---------
1 45 X 135 2
3 4
5 6
7 _ O
PF1-ADFB PF5-PNFB PF6-PAFB
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"NOTICE TO PUBLIC- THE DAILY RECORD
The following Ordinance has been set for
City Council hearing on May 6, 2003, at OF OMAHA
2:00 o'clock p.m., in the Legislative
Chambers, Street,
at s Civic hearingCe all RONALD A. HENNINGSEN, Publisher
1819 Farnam Street, at which all
persons interested,may at heard.BPROOF OF PUBLICATION
AN ORDINANCE vacating Burt Street
from 47th Street east one-half block to the
north/south alley in the City of Omaha and
providing the effective date hereof. UNITED STATES OF AMERICA,
WHEREAS, petition representing owners The State of Nebraska,
of more than 75 percent of the property SS.
abutting on Burt Street from 47th Street east District of Nebraska,
one-half block to the north/south alley has County of Douglas,
been filed with the City of Omaha; and,
WHEREAS, said property owners have in City of Omaha,
and by said petition waived any and all dam-
ages that may be occasioned by said
vacation. LYNDA K. HENNINGSEN
BE fT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF OMAHA: being duly sworn,deposes and says that she is
Section 1. That Burt Street from 47th
Street east one-half block to the north/south ASSOCIATE PUBLISHER
alley abutted by Lot 10, Block 1, Kosters
loAcated
in and Lot 2th, Block 5,W St Section
1 , of THE DAILY RECORD, of Omaha, a legal newspaper,printed and
located the Southwest Quarter Section 17-
15-13 be,and hereby is,vacated; the vacat- published daily in the English language, having a bona fide paid
ing of the property herein described, and
the reversion thereof,pursuant to applicable circulation in Douglas County in excess of 300 copies, printed in
law, shall be subject to the conditions and Omaha,in said County of Douglas,for more than fifty-two weeks last
limitation that there is reserved to the City of
Omaha the right to maintain, operate, repair past; that the printed notice hereto attached was published in THE
and renew sewers now existing therein and
•in the future to construct, maintain, repair DAILY RECORD,of Omaha,on
and renew additional or other sewers, and May2 2003
also the right to authorize the public utilities
and cable television systems to construct,
•
maintain, repair or renew and operate now
or hereafter in stalled water mains and gas
mains, pole lines,conduits, electrical trans-
mission lines,sound and signal transmission -..���
lines and other similar services and equip- " V\,.
ment and appurtenances above,on and be- Q•IN :,,,,•r during that time was regularly published and
low the surface of the ground for the pur- ,'t the Co of Douglas, d State of Nebraska.
pose of serving the general public or abut- i! r`
ting property;and the right so reserved shall r• • ••�.� li
also include such lateral connection or f : �;
branch lines as may be ordered, desired or Y r..' • % Su ribed in my presence and rn to before
permitted by the City or such other utility : CC" ;,,
and to enter upon the premises to accom- , y 4 7 2nd
i' blither s Fee _.i$ / me this ay of
plish the above purposes at any and all 7
times.That no buildings, improvements, or /� May 3
other structures,shall be placed in,on, over, Al •iThpSgopigyz,:• 0
or across said vacated right-of-way without k `#/ b • Q
express written approval of the City. All 9lptgl� ❑ _
vegetation upon the premises, including but N . UP IVEt)W Notary P i i d f 11nty,
not limited to,trees,bushes,and crops, and y u�
,all structures upon the premises, including ate of Nebraska
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 115) days
from and after the date of its passage.
BUSTER BROWN,
City Clerk
5-2-03
•
•
T
"NOTICE NAN E O.3627 THE DAILY RECORD
ORDINANCE NO.36276
AN ORDINANCE vacating Burt Street �/
from 47th Street east one-half block to the OF OMAHA
north/south alley in the City of Omaha and
providing the effective date hereof. RONALD A. HENNINGSEN Publisher
WHEREAS, petition representing owners
of more then 75 percent of the property PROOF OF PUBLICATION
abutting on Burt Street from 47th Street east
one-half block to.the north/south alley has
been filed tae City af Oty n; and, UNITED STATES OF ANIERICA
WHEREAS, said property owners have in ,
and by said petition waived any and all dam- The State of Nebraska,
ages that may be occasioned by said SS.
vacation. District of Nebraska,
BE IT ORDAINED BY THE CITY COUNCIL County of Douglas,
OF THE CITY OF OMAHA:
Section 1. That Burt Street from 47th City of Omaha,
Street east one-half block to the north/south
alley abutted by Lot 10, Block 1, Kosters
Addition and Lot 22, Block 5,West Cuming, LYNDA K.HENNINGSEN
located in the Southwest Quarter Section 17- -
15-13 be,and hereby is,vacated; the vacat- being duly sworn,deposes and says that she is
ing of the property herein described, and
the reversion thereof,pursuant to applicable ASSOCIATE PUBLISHER
law, shall be subject to the conditions and
limitation that there maintain,is a ao the Citye it of THE DAILY RECORD, of Omaha, a legal newspaper, rinted and
Omaha the right to operate, repair g P
and renew sewers now existing therein and published daily in the English language, having a bona fide paid
in the future to construct, maintain, repair
and renew ad ditional or other sewers, and circulation in Douglas County in excess of 300 copies, printed in
also the right to authorize the public utilities Omaha,in said County of Douglas,for more than fifty-two weeks last
and cable television systems to construct,
maintain, repair or renew and operate now past; that the printed notice hereto attached was published in THE
or hereafter in stalled water mains and gas
mains, pole lines, conduits, electrical trans- DAILY RECORD,of Omaha,on
mission lines,sound and signal transmission May22, 2003
lines and other similar services and equip-
ment and appurtenances above,on and be-
low the surface of the ground for the pur-
pose of serving the general public or abut-
ting property;and the right so reserved shall
also include such lateral connection or
branch lines as may be ordered, desired or
permitted by the City or such other utility Th per during that time was regularly published and
and to enter upon the premises to accom- In i the County`,f Dougl , d State of Nebraska.
plish the above purposes at any and all ........•
times.That no buildings, improvements, or t�P..G�NEf�q�'•y`iQ ,
other structures,shall be placed in,on, over, �`f
or across said vacated right=of-way without S• Su.sc in my presence an Orn to before
express written approval of the City. All ? NOTARY '
vegetation upon the premises, including but I`S ;L
not limited to,trees,bushes,and crops, and
.Sh�i�'�°ee me this day Of
all structures upon the premises, including ; EXPIRES S May 03
but not limited to, buildings, walls, fences, ddatongl Copies 20
drives and walks, may be damaged or I.,4 Q
removedg as necessary in the exercise of the t�jA�.:�'g2�..¢ P
rights herein reserved without T YC:`
compensation to any person. Wk.
NEB" Notary d ti u County,
Section 2.That this Ordinance shall be in a of Nebraska
full force and take effect fifteen (15) days
from and after the date of its passage.
PASSED: May 13,2003, 5-0
APPROVED BY:
MIKE FAHEY 5/15/03
MAYOR OF THE
isCITY OF OMAHA
BUSTER BROWN,
City Clerk
5-22-03