ORD 35788 - Vacate alley east of Fontenelle Blvd from Merdith Ave south °i�.' � � Public Works Department
v •''/��!'►, � Omaha/Douglas Civic Center
T7A4 �l�'J `�'"" 1819 Farnam Street,Suite 601
n® .Cl �! � November 13 2001. Omaha,Nebraska 68183-0601
oTFn FESR��A (402)444-5220
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,
Transmitted herewith is a proposed Ordinance to vacate the following:
The north-south alley 150 feet east of Fontenelle Boulevard from Meredith Avenue
south to the east-west alley and the east-west alley from Fontenelle Boulevard east
264 feet to the east property lines of Lots 12 and 15 Block 4, Pruyn Park.
The total area to be vacated comprises 5,752 square feet.
The approval of the Planning Board at their meeting of October 3, 2001 is attached. The vacating
petition is also attached.
The form of the documents for this vacation has been approved by the City Law Department.
The purpose of this vacation is to allow consolidation of the vacated right-of-way with the adjoining
property for the development of a new Walgreen Drug Store.
An administrative fee of$250.00 has been paid by the applicant. The value calculation fee has not
been assessed since the developer is providing an easement/dedication wide enough to accommodate
two lanes of traffic and paved to City standards that will afford access to the east by providing a turn
radius.
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.
orm Jackman Date Robert C. Peters 6,1 Date
Acting Director Planning Director
Refe City Co n it for Consideration:
P:\PW\12677z.doc Mayor's ffic Date
Att.
• ORDINANCE NO. 5 7 Yr
AN ORDINANCE vacating the north-south alley 150 feet east of Fontenelle Boulevard from
Meredith Avenue south to the east-west alley and the east-west alley from Fontenelle
Boulevard east 264 feet to the east property lines of Lots 12 and 15,Block 4,Pruyn Park,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 the
north-south alley 150 feet east of Fontenelle Boulevard from Meredith Avenue south to the
east-west alley and the east-west alley from Fontenelle Boulevard east 264 feet to the east
property lines of Lots 12 and 15 Block 4,Pruyn Park,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 the north-south alley 150 feet east of Fontenelle Boulevard from Meredith
Avenue south to the east-west alley and the east-west alley from Fontenelle Boulevard east 264 feet
to the east property lines of Lots 12 and 15 Block 4,Pruyn Park,abutted by Lots 1,2 and 3,Block 4,
Everett Place,and Lots 18, 19,20 and half of vacated alley adjacent,Block 4,Everett Place,and Lots
12, 13, 14,half of vacated alley adjacent and Lot 15,Pruyn Park, located in the Northwest Quarter
Section 5-15-13,
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
ORDINANCE NO. 3 5/ g i
PAGE 2
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.
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:
)1Y\
a2/43/6/
MAYOR OF THE CI OF OMAHA DATE
PASSED DEC 11• 2001 7 D
ATTEST: :- " r •
f J
IT CLERK OF HI CITY OF OMAHA DA APPROVED AS TO FORM:
•
CITY ATTORNEY ATE
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L;. by CITY OF OMAHA PUBLIC WO. 402 444 5248; Jun .1 4:06PM; Page 7/7
• PETITION
•
onorahle President and Members of the City Council •
maha/Douglas Civic Center
maha, Nebraska 68102 •
We, the undersigned, owners of property representing more than 75 percent of the abutting property, hereby ask
id petition that the necessary action be taken to vacate (See attached) I _
•
id 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
_ See attachgst,„_
•
•
•
•
.
•
ATTACHMENT
So much of that certain ally running north and south between Lots 1 and 13 to
Meredith Avenue and certain ally running east and west between Lots 12 and 15 to
Fontenelle Boulevard, as exists adjacent to the following property, Parcels 1, 2, 3, 4
and 5:
PARCEL 1: Current Owner: James R. Dean
Legal Description:
Lots 14 and 15, Block 4, Pruyn Park, an Addition to the City of Omaha, as
surveyed, platted and recorded, Douglas County, Nebraska, together with ' of
the vacated alley abutting on the West (4252 Ames Avenue, Omaha, Nebraska
68111).
Lots 18, 19 and 20, Block 4, Everett Place, an Addition to the City of Omaha,
as surveyed, platted and recorded, Douglas County, Nebraska, together with '/
of the vacated alley abutting on the East (4310 Ames Avenue, Omaha, Nebraska
68111).
JAMES R. DEAN
By: r! >
Y
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On this I9\ day of WU_____, 2001, before me, a Notary Public in and
for said County, personally appeared JAMES R. DEAN, who is personally known to
me to be the identical person whose name is affixed to the annexed petition of owners
of lots and lands abutting upon said part of said alley in the City of Omaha, Nebraska
for the vacation of said part of said alley and who is personally known to me to be said
individual signing of said petition to be his voluntary act and deed.
Witness my hand and notarial seal on the day and d to above written.
GENERAL NOTARY-State of Nebraska
1463
CARA A.STEINKRAUS y Pu is
My Comm.Exp.May 20,2003
My Notarial Commission expires the 3(7 day of 0MC , 200'
Jul,, 06, R1 05: 06p Sam Murante 402-934-9316 p. 2
• •
PARCEL 2: Current Owner: Sandra J. Benjamin
Legal Description:
Lot 12, Block 4, Pruyn Park, an Addition to the City of Omaha, as surveyed,
platted and recorded, Douglas County, Nebraska (4245 Meredith Avenue,
Omaha, NE 68111.).
Note: My signature below noting my support for the proposed alley vacation is subject
to final approval by the City of Omaha of a requested zoning change affecting my
property.
SANDRA . BENJAMIN
i /IF
By: A.I :ii '�- .:
7
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS
On this 9 day o
2001, before me, a Notary Public in and
for said County, personal' appe SANDRA J. BENJAMIN. who is personally
known to me to be the ide cal person whose name is affixed to the annexed petition of
owners of lots and lands abutting upon said part of said alley in the City of Omaha,
Nebraska for the vacation of said part of said alley and who is personally known to me
to be said individual signing of said petition to be her voluntary act and deed.
Witness my hand and notarial seal on the day and date above written.
GENERAL NOTARY State of Nebraska
„., ^, MARK A.KUNKER my Comm.Exp.dune 22,20Qr otary Pub
My Notarial Commission expires thee day of , 20&
1
•
PARCEL 3: Current Owners: Leonard and Roberta M. Loftin
Legal Description:
Lot 13, Block 4, Pruyn Park, an Addition to the City of Omaha, as surveyed,
platted and recorded, Douglas County, Nebraska (4249 Meredith Avenue,
Omaha, Nebraska 68111).
LEONARD LOFTIN
je,
By:
ROBERTA M. LOFTIN
By: 6/,,,z-f-, in,
STATE OF NEBRASKA ) GENERAL NOTARYState of Nebraska
) ss. ALPHONSO 8.BERMAN,SR.
COUNTY OF DOUGLAS ) ily Comm.be. '20'200t
On this %3 day of , 2001, before me, a Notary Public in and
for said County, personally a,peared LEONARD AND ROBERTA M. LOFTIN, who
are personally known to me to be the identical persons whose names are affixed to the
annexed petition of owners of lots and lands abutting upon said part of said alley in the
City of Omaha, Nebraska for the vacation of said part of said alley and who is
personally known to me to be said individuals signing of said petition to be their
voluntary act and deed.
Witness my hand and notarial seal on the day and date above written.
GENERAL NOTARY-State of Nebraska *l
ALPHONSO B.BENJAMIN,SR.
My Comm.Exp.Sept.20,2001 N ary Public
My Notarial Commission expires the )D day of je,-/d- , 2001.
.• . ti i +
•
PARCEL 4: Current Owner: James L. Kreikemeier
Legal Description:
The North 1/3 of Lots 1, 2 and 3, Block 4, Everett Place, EXCEPT Tria. NW
29.7 feet thereof, an Addition to the City of Omaha, as surveyed, platted and
recorded, Douglas County, Nebraska (4521 Fontenelle Boulevard, Omaha,
Nebraska 68111).
JAMES L. KREIKEMEIER
By:
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On this II-1 day of TA436 , 2001, before me, a Notary Public in and
for said County, personally appeared JAMES L. KREIKEMEIER, who is personally
known to me to be the identical person whose name is affixed to the annexed petition of
owners of lots and lands abutting upon said part of said alley in the City of Omaha,
Nebraska for the vacation of said part of said alley and who is personally known to me
to be said individual signing of said petition to be his voluntary act and deed.
Witness my hand and notarial seal on the day and date abov r' t
g.
41613BAL WARM*d Nebraska
Illy Come.Eq.haj'1,2002
ary Public
My Notarial Commission expires the / day of /4/�', 5 f ,20(i31
•
•
PARCEL 5: Current Owner: Charles Williamson
Legal Description:
The South Half of the North 2/3 of Lots 1, 2 and 3, Block 4, Everett Place, an
Addition to the City of Omaha, as surveyed, platted and recorded, Douglas
County, Nebraska (4517 Fontenelle Boulevard, Omaha, NE 68111).
Note: My signature below noting my support for the proposed alley vacation is subject
to final approval by the City of Omaha of a requested zoning change affecting my
property.
CHARLES WILLIAMSON
By: `- `� ���- ..--,.
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS� )
On this 9 ay of , 2001, before me, a Notary Public in and
for said County, personally e ed CHARLES WILLIAMSON, who is personally
known to me to be the identical person whose name is affixed to the annexed petition of
owners of lots and lands abutting upon said part of said alley in the City of Omaha,
Nebraska for the vacation of said part of said alley and who is personally known to me
to be said individual signing of said petition to be her voluntary act and deed.
Witness my hand and notarial seal on the day and date above written.
Notary blie
My Notarial Commission expires the / ay of ,tee , 200e.
GENERAL NOTARY-State of Nebraska
RODNEY G.GNUSE
•..:;i !Q:•: My Comm.Exp.dune 19,2003
,' *, • •
PARCEL 6: Current Owner: Cathy J. McIntyre
Legal Description:
The South 1/3 of Lots 1, 2 and 3, Block 4, Everett Place, an Addition to the
City of Omaha, as surveyed, platted and recorded, Douglas County, Nebraska
(4513 Fontenelle Boulevard, Omaha, NE 68111).
CATHY J. MCINTYRE
By: ' iD/ 1 '
i
STATE OF tag )
) ss.
COUNTY OF ( t )
On this 2 day of , 2001, before me, a Notary Public in and
for said County, personally pear CATHY J. MCINTYRE, who is personally
known to me to be the identical person whose name is affixed to the annexed petition of
owners of lots and lands abutting upon said part of said alley in the City of Omaha,
Nebraska for the vacation of said part of said alley and who is personally known to me
to be said individual signing of said petition to be her voluntary act and deed.
Witness my hand and notarial seal on th,qp and date above written.
A1111661,
otary Pu kiiii
My Notarial Commission expires the-Z ( day of - t' , 2004
�'"� 7 wM��'1'ER
Ntr�er 709004
4 , ""'''o1�.DDcp.Mar.28,2004
F.
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,("'ARC 2727 0000 10
FB 0:1 STATUS 2 CLASS R
EXEMPT 0 EXEMP.T. TYPE: TAX DISTRICT 0100 SII) F--`
PROF' HOUSE HALF DC R ----STREET NAME-`---•--- TYPE SUFFIX APT AREA Z I I•-' CODE
ADDRESS 04521 FON•TE:NE:LI_.E: BD OMA £c31. 1. 1.
_._.__._._._.----•--•-•--._._.--•--._._._..--•--._...._._._._._OWNER INFORMATION----------------....._.--._.-_.._.__--..-._
NAIVE: J AME::_i L•*KRE I t<EME I E:R DATE: OF LAST CHANGE 05--D4.-:1 9 99
.1- 680 S :154 ST DEED BOO(`:: 1985 PAGE 397
ADDR HOMESTEAD DELETE
CITY OMAHA ST NE Z:E P 68137 NON NUMERIC 7 I F' CODE
_.-._.__...-.--.-.-._..__. _._-._._._..._...-.._._..-•--•--•-CURRENT VALUE •f-I0ME.ST•E.AD-••---.-..- .
YEAR •-----DATE------- •-••--LAND._.._ •--._..-I MP'R-..-- ._...-TOTAL•-•-- PAR RSN NUMBER TY CD Pf'T VALUE
2001 03--1&- 001. 4600 16200 21000 NVU
ADDITION NO., 11440 LOT 3 HALF BLOCK 4 HALF I
EVERETT PLACE SECT - TOWN RANGE PLAT 034.4
-(__EGA(_ DESCRIPTION.. -L.EGAL DESCRIPTION•--•-•-••-----•----•-•--
1. -EX TR I A NW 29.;7 FT- 2 NI 1/3 LOTS 1-2 &
3 4
5 6
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F`F 1 ADF•LI f•'F"'5-•PNF-B F'F•b-F'AI=)-;
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1--F' 01 STATUS 2 CLASS R
EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SI 1 F-
PROF' HOUSE HALF D 11. ._..._._.._STREET NAME - - TYPE SUFFIX APT AREA ZIP CODE
ADDRESS 04517 (=:ONTFNFLLF SD DMA c_;81. 1. 1.
_.._..---•-----._.._.._._.._..._.._._..._._.._.._.._.._.(:lWn()'R INFORMATION
----- _.._._._._._..._._._.---•-•--•--•--•--•----..__.�.--
NAI"(E CHARI._E:s*•w 11_.L_I Ftl"ls:ll I DATE: OF LAST CHANGE 04-w?(i__1 99:
-+• 6945 FLORENCE SL_UD DEED BOOK 2117 PAGE 430
ADDR HOMESTEAD DELETE
CITY OMAHA ST NE Z I F' 63112 NON NUMERIC Z.I F' CODE
__. _._._._._._._._. _._._. _._. _._._-•-• -CURRENT VALUE _.._..-•--•-----•-•--.__.__..__._._._._._.._._.._.._._.._..._ _._._._.HOMESTEA.D--•--•-.--.._.
YEAR .....--._DATE..-•--..-. .--•--•--I-..r=;n(J).._ •.I MPR--....-. --TOTAL-- ,•AR RSN NUMBER TY ( ):? POT VALUE
2 `"
r i(_t 1. t i_J-•1.c��••-•�:_'�:?[:t 1. ,11.��;1::i(:t :7i(_tr.i 27100 y _.
ADDITION NO. 11440 - LOT 3 HALF BLOCK 4 HALF
EVERETT PLACE SECT • TOWN RANGE PLAT T 0344
_._.._..._..__••-L.E_GAL. DESCRIPTION . ._.._...-..--.----LEGAL DESCRIPTION
1. S 1/2 N 3 L_.1S 1." 2 & 42.. 66 X 150
3 4
1 6
7 s
FF1.---ADFB PFS--FN(-L F'F6-..F'At-E:
�
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.PARC 2729 0000 10
FB 01 STATUS 2 CLASS R
EXEMPT O EXEMPT TYPE TAX DISTRICT 0100 BID F—
PROP HOUSE HALF DlR ----STREET NAME----- TYPE SUFFIX APT AREA ZIP CODE
ADDRESS 04513 FONTENELLE BD OMA 68111
--------------------------OWNER INFORMATION---------------------_-----
NAME CATHY J*MCINTYRE DATE OF LAST CHANGE 12-12-2000
+ 1730 MADlSON AVE DEED BOOK 2169 PAGE 53
ADDR HOMESTEAD DELETE
CITY COUNCIL BLUFFS ST IA ZIP 51503 NON NUMERIC ZIP CODE
-----------------------CURRENT VALUE------------------------ ----HOMESTEAD-----
YEAR ---DATE--- ---LAND-- ---lMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE
2001 03-16-2001 4800 25100 29900 MVU
ADDITION NO. 11440 LOT 3 HALF BLOCK 4 HALF
EVERETT PLACE SECT TOWN RANGE PLAT 0344
---------LEGAL DESCRlPTION--------- ---------LEGAL DESCRlPTION---------
1 S 1/3 LTS 1-2 & 2 42. 66 X 150
3 4
5 6
7 8
PF1—ADFB PF5—PNFB PF6—PAFB
PARC 2744 0002 10
FB 01 STATUS 2 CLASS C
EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 BID F—
PROP HOUSE HALF DIR ----STREET NAME----- TYPE SUFFIX APT AREA ZIP CODE
ADDRESS 04310 AMES AV OMA 68111
--------------------------OWNER INFORMATION----------------------------
NAME JAMES R*DEAN DATE OF LAST CHANGE 06-01-2000
+ 4310 AMES AVE DEED BOOK 2038 PAGE 618
ADDR HOMESTEAD DELETE
CITY OMAHA ST NE ZIP 68111-2149 NON NUMERIC ZIP CODE
-----------------------CURRENT VALUE------------------------ ----HOMESTEAD-----
YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE
2000 05-17-2000 18500 25400 43900 SBE `
ADDITION NO. 11440 LOT 20 HALF BLOCK 4 HALF
EVERETT PLACE SECT TOWN RANGE PLAT 0344
---------LEGAL DESCRIPTION--------- ---------LEGAL DESCRIPTION---------
1 1/2 VAC ALLEY ADJ ON E & ALL LOTS 2 18-19 &
3 4
5 6
.in 8
—
—
PF1—ADF8
PF5 PNFB PF6—PAFB
. .
_PARC 3175 0000 20
FB 01 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 04245 MEREDITH AV OMA 68111 �
--------------------------OWNER INFORMATION--------------------------- �
NAME SANDRA J*BENJAMIN DATE OF LAST CHANGE 12-06-1991
+ 4245 MEREDITH AVENUE DEED BOOK 1912 PAGE 132
ADDR HOMESTEAD DELETE �
CITY OMAHA ST NE ZIP 68111 NON NUMERIC ZIP CODE
-----------------------CURRENT VALUE------------------------ ----HOMESTEAD-----
YEAR ---DATE--- ---LAND-- ---lMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE �
�
2001 03-16-2001 4900 35500 40400 MVU
ADDITION NO. 31560 LOT 12 HALF BLOCK 4 HALF
PRUYN PARK SECT TOWN RANGE PLAT 0344
---------LEGAL DESCRIPTION---------------------- ---------LEGAL DESCRIPTION--------- �
1 50 X 128 2 �
�
3 / 4
5 6
7 8
PF1-ADFB PF5-PNFB PF6-PAFB
- �~-
pARC 3176 0000 20
FB 01 STATUS 2 CLASS R
EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F-
PROP HOUSE HALF DlR ----STREET NAME----- TYPE SUFFIX APT AREA ZIP CODE
ADDRESS 04249 MEREDITH AV OMA 68111
�
--------------------------OWNER INFORMATION-----------------------------
NAME LEONARD*LOFTIN ETAL DATE OF LAST CHANGE 02-16-1980
+ 4249 MEREDITH AVE DEED BOOK PAGE
ADDR HOMESTEAD DELETE
CITY OMAHA ST NE ZIP 68111 NON NUMERIC ZIP CODE
-----------------------CURRENT vALUE------------------------ ----HOMESTEAD-----
YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE �
2001 03-16-2001 4900 22600 27500 MVU �
ADDITION NO. 31560 LOT 13 HALF BLOCK 4 HALF
PRUYN PARK SECT TOWN RANGE PLAT 0344
---------LEGAL DESCRlPTION--------- ---------LEGAL DESCRlPTION---------
1 50 X 128 2
3 4
5 6
7 u
_
PF1-ADFB PF5-PNF8 PF6-PAFB
~ -
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'PARC 3178 0002 20
FB 01 STATUS 2 CLASS R
EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SlD F—
PROP HOUSE HALF DIR ----STREET NAME----- TYPE SUFFIX APT AREA ZIP CODE
ADDRESS 04252 AMES AV OMA 68111
----------
NAME JAMES R*DEAN DATE OF LAST CHANGE 11-10-1993
+ 4310 AMES AVE DEED BOOK 1963 PAGE 563
ADDR HOMESTEAD DELETE
CITY O|iAHA ST NE ZIP 68111 NON NUMERIC ZIP CODE
-----------------------CURRENT VALUE------------------------ ----HOMESTEAD-----
YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE
2001 03-16-2001 7200 34500 41700 MVU
ADDITION NO,, 31560 LOT 15 HALF BLOCK 4 HALF
PRUYN PARK SECT TOWN RANGE PLAT 0344
---------LEGAL DESCRIPTION--------- ---------LEGAL DESCRIPTION---------
1 1/2 VAC ALLEY ADJ ON W & ALL LOTS 2 14 &
3 ' 4
5
7 8
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.--` THE DAILY RECORD
"NOTICE TO PUBLIC"
The following Ordinance has been set for OF OMAHA
City Council hearing on December 11,
zoo,,at 2:00 o'clock p.m., in the Legislative RONALD A. HENNINGSEN, Publisher
Chambers, Omaha/Douglas Civic Center,
1819 Farnam Street, at which hearing all PROOF OF PUBLICATION
persons interested, may be heard.
AN ORDINANCE vacating the north-south
alley 150 feet east of Fontenelle Boulevard UNITED STATES OF AMERICA,
from Meredith Avenue south to the east-
! west alley and the east-west alley from The State ofNebraska,
Fontenelle Boulevard east 264 feet to the District Of Nebraska. gy,
east property lines of Lots 12 and 15, Block 4, minty of Doug,
Pruyn Park, in the City of Omaha and City of0nleh8,
providing the effective date hereof.
WHEREAS, petition representing owners
of more than 75 percent of the property JOHN P. EGLSAER
abutting on the north-south alley 150 feet
east of Fontenelle Boulevard from Meredith being duly sworn,deposes and says that he Is
Avenue south to the east-west alley and the
east-west alley from Fontenelle Boulevard ADVERTISING MANAGER
east 264 feet to the east property lines of
Lots 12 and 15, Block 4, Pruyn Park, has i
' been filed with the City of Omaha; and, of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
WHEREAS, said property owners have in I and by said petition waived any and all dam-
published daily in the English language, having a bona fide paid
ages that may be occasioned by said 1 circulation in Douglas County in excess of 300 copies, printed in
vacation. Omaha,in said Countyof Douglas,for more than fifty-two BE IT ORDAINED BY THE CITY COUNCIL g fty tW0 weeks last
OF THE CITY OF OMAHA: past; that the printed notice hereto attached was published in THE
Section 1.That the north-south alley 150
Ifeet east of Fontenelle Boulevard from ! DAILY RECORD,of Omaha,on
Meredith Avenue south to the east-west
alley and the east-west ally from Fontenelle November 16, 2001
Boulevard east 264 feet to the east property 1
lines of Lot 12 and 15 Block 4, Pruyn Park,
abutted by Lots 1, 2 and 3, Block 4, Everett
Place,and Lots 18, 19,20 and half of vacated
alley adjacent, Block 4, Everett Place, and
Lots 12, 13, 14, half of vacated alley adjacent _ _
and Lot 15, Pruyn Park, located in the t. -- ' - r aper during that time was regularly published and
Northwest Quarter Section 5-15-13 be, and �y 1 Q� Z
hereby is,vacated;the vacating of the prop- .: the, SJZQ,5 :Lion in the County of Douglas, and State of
erty herein described, and the reversion ,°' l •.tiFO 3
thereof, pursuant to applicable law,shall be , G
'
subject to the conditions and limitation that ••0
there is reserved to the City of Omaha the e HAWS Fee a.. ......
NOTARYI
right to maintain, operate, repair and renew �.e
sewers now existing therein and in the fu• * ddleel@i t'�i•- .. •.••• bed In my p nce , d sworn to
furs to construct,maintain, repair and renew r LXFMRC3
additional or other sewers,and also the right ,L 7.4'� before me th18 a r r day Of
to authorize the public utilities and cable ; t�'•
television systems to construct, maintain, No .e r 20 O1
repair or renew and operate now or 1 'ii �je�.gy 6'.�•-vil j� .7
hereafter installed water mains and gas 1 4�q�OF NEB-
mains, pole lines, conduits, electrical trans- \Q .4:
mission lines,sound and signal transmission �0���� Notary b C y or Douglas County,
lines and other similar services and equip- i 8
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
and to enter upon the premises to accom-
plish the above purposes at any and all
times.
Section 2.That this Ordinance shall be in
full force and take effect fifteen (151 days
from and after the date of its passage.
BUSTER BROWN,
4 •
"NOTICE TO PUBLIC"
ORDINANCE NO.35788 THE DAILY RECORD
AN ORDINANCE vacating'the north-south •
A
alley 150 feet east of Fontenelle Boulevard OF OMAHA
from Meredith Avenue south to the east-
west alley and the east-west alley from
Fontenelle Boulevard east 264 feet to RONALD A. HENNINGSEN, Publisher
the PROOF OF PUBLICATION
east property lines of Lots 12 and 15, Block 4,
Pruyn Park, in the City of Omaha and
providing the effective date hereof.
WHEREAS, petition representing owners UNITED STATES OF AMERICA,
of more than 75 percent of the property The State of Nebraska,
abutting on the north-south alley 150 feet District of Nebraska, 188.
east of Fontenelle Boulevard from Meredith sty of Douglas Avenue south to the east-west alley and the
east-west alley from Fontenelle Boulevard
CltyofOnmfta,
east 264 feet to the east property lines of
Lots 12 and 15, Block 4, Pruyn Park, has JOHN P. EGLSAER
been filed with the City of Omaha; and,
WHEREAS, said property owners have in being duly sworn,deposes and says that he is
and by said petition waived any and all dam-
ages that may be occasioned by said
vacation. ADVERTISING MANAGER
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF OMAHA:
Section 1.That the north-south alley 150 of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
feet east of Fontenelle Boulevard from Meredith Avenue south to the east-west published daily in the English language, having a bona tide paid
circulation in Douglas County in excess of 0 copies, printed in
alley and the east-west ally from Fontanelle NO
Boulevard east 264 feet to the east property Omaha,in said County of Douglas,for more than fifty-two weeks last
lines of Lot 12 and 15 Block 4,Pruyn Park,abutted by Lots 1,2 and 3, Block 4,Everett past; that the printed notice hereto attached was published in THE
Place,and Lots 18, 19,20 and half of vacated DAILY RECORD,of Omaha,on
alley adjacent, Block 4, Everett'Place, and 1
Lots 12, 13, 14,half of vacated alley adjacent ., December 20, 2001
and Lot 15, Pruyn Park, located in the
Northwest Quarter Section 5-15-13 be, and
hereby is,vacated;the vacating'of the prop-
erty 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 t {i �]$ r during that time was regularly published and
sewers now existing therein and in the fu- in the County of Douglas, and State of
ture to construct,maintain, repair and renew i y�y �...
I j�
additional or other sewers,and also the right s�CR• ••'+
to authorize the public utilities and cable tt� ff
television 'systems to construct, maintain, , PubllsherN MUMS 4V1.36• •
repair or renew and operate now or
*: eOMMiSSION * r
hereafter installed water mains and gas • Adtptior M,82� q in rnY p th s ft1 to
mains, pole lines,conduits, electrical trans- S '' bed o
mission lines,sound and signal transmission day of
lines and other similar services and equip- e�}� ti• • before me s i.
�f� 0ecembeY
ment and appurtenances above,on and be- �T•..1;?%(.20'?.AS.kQe
low the surface of the ground for the t•1•• CC`, ll
pose of serving the general public or abut- - r OF NEB`�1c--
ting property;and the right so reserved shall
also include such lateral connection or � .9., 'an."'
branch lines as may be ordered, desired or Notary b r Coup
permitted by the City or such other utility tate Of Nebrss
and to enter upon the premises to accom-
plish the above purposes at any and all
times.
Section 2.That this Ordinance shall be in _
full force and take effect fifteen (15) days
from and after the date of its passage.
PASSED: December 11, 2001, 7-0
APPROVED BY:
MIKE FAHEY 12/13/01
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk