ORD 35638 - Necessity of appropriating lands for Lake Candlewood emergency spillway tov, HA.NFe� RECEIVED
.� �� Public Works Department
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Nexi 01 J U N 12 1 1819 Farnam Street,Suite 601
z 1� _k� N June 19, 2001
�®,�,' [yj�"�I ,� Omaha,Nebraska 68183-0601
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y - _ (402)444-5220
oq ayry CITY CLERK Telefax(402)444-5248
*En FEBR3r
fM.AHA, NE.CRASK" Don W.Elliott,P.E.
City of Omaha Public Works Director
Hal Daub,Mayor
Honorable President
and Members of the City Council,
Transmitted herewith is an Ordinance declaring the necessity of appropriating and acquiring
certain private property for the purpose of redefining the Lake Candlewood emergency spillway
located at approximately 123rd and Charles Streets identified as Special Project No. 01-06.
This Ordinance provides that the City negotiate with the property owners for said property, and
that the property which cannot be obtained by negotiations be condemned.
Payment for all costs incurred for the right-of-way necessary for the project shall be paid from
the Sewer Bond Organization 1510, 1996 Sewer Bond No. 2 (2001 Funding), Agency 140, Fund
389.
The Public Works Department recommends your approval of this Ordinance.
Respectfully submitted, This action has been reviewed and found to
be in conformance with the Master Plan.
Don W. Elliott,iot. P.E. Date Robert C. Peters At- Date
Director Acting Planning Director
Approved as to Funding: Referred to City Council for Consideration:
Ori:114v%.) (0/:19i /dr
Stanley P. T Date M yor s Offic idle✓ �� Dat
/01/0
Acting Finance Director
P:\PW2\9779f.doc
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ORDINANCE NO. 36-4 3 g
AN ORDINANCE declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of redefining the Lake Candlewood emergency spillway
located at approximately 123rd and Charles Streets identified as Special Project No. 01-
06, providing that the City negotiate with the property owner for a permanent easement;
providing that as to each specified parcel which cannot be obtained by negotiation,
condemnation proceedings be undertaken and completed; and,providing for the effective
date hereof
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That it is proper and necessary and it is hereby declared proper and necessary
to appropriate certain lands for the purpose of redefining the Lake Candlewood emergency
spillway located at approximately 123rd and Charles Streets identified as Special Project No. 01-
06. Said property and lands necessary for such purposes are described as follows:
See the attached Exhibit "A" tract drawing of the property for which a permanent
easement will be needed to complete this project.
Section 2. That the Public Works Department of the City of Omaha be, and it hereby is,
authorized, empowered, and directed to negotiate, through either employees of the City of
Omaha or through persons employed therefor or through any combination thereof, with the
owners of the above-described properties for the acquisition of said properties by the City of
Omaha for aforesaid purposes and said Department shall report on said negotiations to this
Council. Upon failure to agree by negotiations with the owners of any of the above-described
properties for the acquisition thereof by the City of Omaha, the Public Works Department is
authorized, empowered, and directed, together with the Law Department of the City of Omaha,
to proceed forthwith to acquire any such property, not obtained by negotiation, for the City of
y
' ORDINANCE NO. (16Z8$'
PAGE 2 •
Omaha for the aforesaid purposes by condemnation proceedings in accordance with the Laws of
the State of Nebraska under the power of eminent domain. Any notices in the name of the City
of Omaha required to be given the owners or other persons having any interest in and to any of
the above described real estate may be given by either the Public Works Department or the Law
Department of the City of Omaha. The Public Works Department will be responsible for
recording of all deeds, easements or other acquisition documents resulting from the exercise of
the authority granted under this Ordinance in the Register of Deeds Office in the appropriate
county.
Section 3. That this Ordinance shall take effect and be in force fifteen(15) days from and
after its passage.
INTRODUCED BY COUNCILMEMBER
APPROVED BY:
MAYOR OF THE CITY,OF OMAHA' DA E
PASSED um. 2W1 `O
ATTEST:
CITY LERK OF TH CITY OF OMAHA DA E
APPROVED AS TO FORM:
CITY ATTORNEY DATE
P:\PW2\9780f.doc , `
EXHIBIT "A"
,19,>s,
402 'rodIl
CANDLEWOOD 1`b� IIIIIIIIIIIV
���� .<� S00'20'49"'N
53.21'
y•Nr
SCALE 1"= 100'
1-18-00
S45'00'00"E 32.16'
S90'00'00"E
CH //
I0 0.97' 402
CHAR,
PARCEL 1
A
• F9s ocp �{�/ CANDLEWOOD
w O, /---
to�P - o
S90'00'00"E
����... / 17.01'
'Y S00'0p'00"E
0)-� �/ 41.92
S26'41'47"W
101.31'
1 2
112 L = 20.79' R = 100.00'
111 CAND EWOOD I LC = N69'15'29"W 20.75'
CANDLEWOOD R E P L A T 1 \
ROSE LANE P❑INT OF BEGINNING
PARCEL 1
SH-IEET 1 OF 2
SEE ATTACHED SHEET 2 OF 2 FOR LEGAL DESCRIPTION
E & A CONSULTING GROUP, INC. '
12001 "Q" STREET JOB # 76012.4
OMAHA, NEBRASKA 68137
PHONE (402) 895-4700 I:\PROJECTS\76012\DRAIN_EASE_EXHIBITS.DWG - DRAWN BY
LEGAL DESCRIPTION
PARCEL 1
PART OF LOT 402, CANDLEWOOD A SUBDIVISION LOCATED IN THE NE 1/4 SECTION 18, •
TOWNSHIP 15 NORTH,RANGE 12 EAST OF THE 6TH P.M.,DOUGLAS COUNTY NEBRASKA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHEASTERLY RIGHT-OF-WAY
LINE OF CHARLES STREET AND THE NORTH RIGHT-OF-WAY LINE OF ROSE LANE, SAID
POINT ALSO BEING ON THE SOUTHERLY LINE OF SAID LOT 402,CANDLEWOOD;THENCE
ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID CHARLES STREET, SAID
LINE ALSO BEING SAID SOUTHERLY LINE OF LOT 402,CANDLEWOOD,ON A CURVE TO
THE LEFT WITH A RADIUS OF 353.91 FEET,A DISTANCE OF 441.07 FEET,SAID CURVE
HAVING A LONG CHORD WHICH BEARS N35°23'36"W(ASSUMED BEARING),A DISTANCE
OF 413.08 FEET;,THENCE N43°11'25"E,A.DISTANCE OF 2'78.43 FEET;THENCE S48°39'40"E,A
DISTANCE OF 59.75 FEET;THENCE S26°41'18"W,A DISTANCE OF 111.62 FEET;THENCE
SOO°20'49"W,A DISTANCE OF 53.21 FEET;THENCE S90°00'00"W,A DISTANCE OF 80.97 FEET;
THENCE S45°00'00"E,A DISTANCE OF 32.16 FEET;THENCE S00°26'11"W,A DISTANCE OF
199.52 FEET;THENCE S90°00'00"E,A DISTANCE OF 17.01 FEET;THENCE S00°00'00"E,A
DISTANCE OF 41.92 FEET;THENCE S26°41'47"W A DISTANCE OF 101.31 FEET TO A POINT ON
SAID NORTH RIGHT-OF-WAY LINE OF ROSE LANE, SAID POINT ALSO BEING ON SAID
SOUTHERLY LINE OF LOT 402,CANDLEWOOD;THENCE ALONG SAID NORTH RIGHT-OF-
WAY OF ROSE LANE, SAID LINE ALSO BEING SAID SOUTHERLY LINE OF LOT 402,
CANDLEWOOD, ON A CURVE TO THE LEFT WITH A RADIUS OF 100.00 FEET,A DISTANCE OF
20.79 FEET, SAID CURVE HAVING A LONG CHORD WHICH BEARS N69°15'29"W,A DISTANCE
OF 20.75 FEET TO THE POINT OF BEG INNING.
SAID TRACT OF LAND CONTAINS AN AREA OF 61,052 SQUARE FEET OR 1.402 ACRES MORE
OR LESS.
#76012.4
EAS
1-18-00 •
E &A CONSULTING GROUP, INC
12001 "Q" STREET
OMAHA,NEBRASKA 68137
SHEET 2 OF 2
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�` "NOTICE TO PUBLIC- THE DAILY RECORD
The following Ordinance has been set for OF OT lVl/T A V A
City Council hearing on June 26,2001, at t�1L�
2:00 o'clock p.m., in the Legislative RONALD A. HENNINGSEN, Publisher
Chambers,'Omaha/Douglas Civic Center, PROOF OF PUBLICATION
1819 Famam Strtreetet,, h
at which hearing all
persons interested,may be heard.
AN ORDINANCE declaring the necessity,
of appropriating, for used of the City of UNITED STATES OF AMERICA,
Omaha, the necessary lands for the purpose 'the State of Nebraska,
of redefining the Lake Candlewood I District of Nebraska, SS.
emergency spillway located at County of Douglas,
approximately 123rd and Charles Street
identified as Special Project No. 01-06, City of Omaha,
providing that the City negotiate with the
property owner for a permanent easement; JOHN P. EGLSAER
providing that as to each specified parcel
which cannot be obtained-by negotiation, being duly sworn,deposes and says that he is
condemnation proceedings be undertaken
and completed; and, providing for the
effective date hereof. ADVERTISING MANAGER
BUSTER BROWN,
6 22-01 City Clerk
of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
published daily in the English language, having a bona fide paid
circulation .in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
June 22, 2001
That said Newspaper during that time was regularly published and
in general rtiiilation in the County of Douglas, and State of
Nebraska;,.1..t-6 �/
,.P ••'sFe ER,q/2 70 '1
Publisher's Fee $ �tc1.1 ., I .. _
W 1
Addi ionai tti.0;?esRY...... ..,..%. �f 'crlbed in my p and swo ; to
G�t�! ;r5� _ n
• taFXP1Tt31 • '°v / befo s ,- ..dsyof
'� 5' 20.
S> qY 6,2.0;2• Q' S
t q•.GF NEB�PS�s Notary Pu ;:. 1'u r
State of Nebraska
•
• 'NOTICE TO PCB THE DAILY RECORD•
ORDINANCE NO.35638 /{ •
AN ORDINANCE declaring the necessity OF OMAHA
of appropriating, for use of the City of
' Omaha, the necessary lands for the purpose RONALD A. HENNINGSEN Publisher •
of redefining the Lake Candlewood ,
emergency spillway located t .PROOF OF PUBLICATION
approximately 123rd and Charles Street ,
identified as Special Project No. 01-06,
providing that the City negotiate with the UNITED STATES OF AMERICA,
' property owner for a permanent easement;
• '• providing that as to each specified parcel The State of Nebraska,
•
which cannot be obtained by negotiation, District of Nebraska, ss,
condemnation proceedings be undertaken t7a,ntyofDouglas.
and completed; and, providing for the ' City ofOrrmlm, •
effective date hereof.
SUMMARY: .
AN ORDINANCE declaring the necessity JOHN P. EGLSAER .
of appropriating, for use of the City of , - - -
Omaha, the necessary lands for the purpose being duly sworn,deposes and says that he Is
of redefining the Lake Candlewood
•_ emergency spillway located at
approximately 123rd and Charles Street - ADVERTISING MANAGER, _
identified as Special Project No. 01-06,
providing'that the city negotiate with the of THE DAILY RECORD,of Omaha, legal
property owner fora permanent,easement; a g'a newspaper,printed and p
providingr,that as 7o each specified parcel published daily in the English language, having a bona fide paid
' which cannot be obtained by negotiation, circulation in Douglas County in excess of 300 copies, printed in
condemnation proceedings.''be undertaken
and' compl'e'fed; and, providing for the Omaha,in said County of Douglas,for more than fifty-two weeks last
effective date hereof. : past; that the printed notice hereto attached was published in THE
PASSED:July 10,-2001,7
APPROVED BY: DAILY RECORD,of Omaha,on
MIKE FAHEY ' • ' -. 7/12/01
MAYOR OF THE . July 17, 2001 .
• CITY OF OMAHA •-r-G'-
BUSTER BROWN, it
f City Clerk
7-17-01
' That:saidNews aper during that time was regularly published and
• in. e,int_� IVIOr t lation in the Count" of Douglas, and State of
•;/s Gird ER *
PubIsher's Fee $.,`—. 3Q...
NOTARY r...,P,•�: ff... ,.mow ,.... „..,.
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