RES 2002-0038 - Negotiator's report of Jim Cable and Tim Phelan re Ord 35658 t
sCI7Aikalel
Public Works Department
rtl"~/'�,t , 9, n Omaha/Douglas Civic Center
z �fE�l� � Q �-C 7 ( ' ' " 1819 Farnam Street,Suite 601
o' Y '�"° ` Omaha,Nebraska 68183-0601
o4, "yti (402)444-5220
4TFD FEBR`r (,i T i CLERK Telefax(402)444-5248
City of Omaha ?t' 4 FI A, 11 C 5 fi,A .f. t Norm Jackman,P.E.
Mike Fahey,Mayor Acting Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution accepting the attached Negotiator's Report submitted by Jim
Cable and Tim Phelan, made in accordance with Necessity Ordinance No. 35658, passed July 24,
2001,declaring the necessity of appropriating and acquiring certain private property for the purpose
of replacing the 39th and "0" Street Viaduct,known as S.P. 97-13.
The Negotiators, Jim Cable and Tim Phelan, were unsuccessful in negotiating and acquiring two
parcels of land or interest in property required for the project,which addresses are 5030 South 4151
Avenue and 5045 South 41st Avenue, and the Public Works Department recommends that the Law
Department of the City of Omaha take the necessary steps and procedures to condemn the two
parcels of land or interest in property non-negotiated. .
The cost of the condemnation awards based on the Report of Appraisers made for the two parcels of
land or interest in property non-negotiated shall be paid from the 1996 Street and Highway Bond No.
3 (year 2001 funding), Organization 1509, Fund 344.
The Public Works Department requests your consideration and recommends your approval of this
Resolution.
Respectfully submitted,
c an, P.E. Date
irector
Approved as to Funing: Referre to City Cou cil for Consideration:
6:4,44/1/4--)' /�/o/v/ 12. --to -v t
Stanley P. Ti Date Ma r' Offic Date
Finance Director
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�� � Public Works Department
aqi-TIa+i�l,i. Omaha/Douglas Civic Center
��I����'J kV�`" 1819 Farnam Street,Suite 601
o' �:;"" �' Omaha,Nebraska 68183-0601
Ao,� 4yro (402)444-5220
4TFD FEBR)* Telefax(402)444-5248
City of Omaha Norm Jackman,P.E.
Mike Fahey,Mayor Acting Public Works Director
Honorable President
and Members of the City Council,
The following is a Negotiator's Report submitted by Jim Cable and Tim Phelan for acquiring certain
parcels of land or interests in property for the purpose of replacing the 39th and"0" Street Viaduct,
known as Project S.P. 97-13.
The following two (2)parcels of land or interests in property could not be negotiated:
Tract Fee Owner Equitable Negotiated Fee
No. and Address Interest Document Appraisal
5 Mary G. Filipowski, Temporary Easement $ 50.00
Walter J. Filipowski,Jr.,
Dennis J. Filipowski,
Donna M.White, and
Geraldine Peterson
5030 South 41st Avenue
Omaha,NE 68107
10 Mark C. Walenz Principal Residential Temporary Easement $300.00
and Tracy L. Walenz . Mortgage, Inc., an
5045 South 41st Avenue Iowa Corporation 1
Omaha,NE 68107
Total Non-negotiated Fee Appraisal Amount $350.00
Res ectfully submitted,
ZZ &&AJg_
Jim Cable and Tim Phelan
Right-of-Way Agents
Right-of-Way Section
Design Division
Public Works Department
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S-25A i CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Jim Cable and Tim Phelan, Negotiators, have submitted to the City
Council a Negotiators' Report, attached, in accordance with the Necessity Ordinance No. 35658,
passed July 24,2001,declaring the necessity of appropriating and acquiring certain private property
for the purpose of replacing the 39th and "0" Street Viaduct; and,
WHEREAS,the report shows that the Negotiators,Jim Cable and Tim Phelan, were
unsuccessful in negotiating and acquiring two parcels of land or interest in property for the project.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF TIM CITY
OF OMAHA:
THAT, the Negotiators' Report of Jim Cable and Tim Phelan made in accordance
with Necessity Ordinance No. 35623 be and it hereby is approved.
THAT, the Finance Department is authorized to pay the cost of the condemnation
awards based on the Report of Appraisers made for the parcels of land or interest in property non-
negotiated from the 1996 Street and Highway Bond No. 3 (year 2001 funding),Organization 1509,
Fund 344.
BE IT FURTHER RESOLVED:
THAT, the Law Department of the City of Omaha be and it hereby is authorized to
take all necessary steps and procedures to condemn the required property or interest in property for
the parcels of land non-negotiated,which addresses are 5030 South 41st Avenue and 5045 South 41st
Avenue.
APPROVED AS TO FORM:
1�- _o/
CITY ATTORNEY DATE
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