ORD 35518 - Necessity of appropriating properties for Convention Center/Arena redevelopment plan o�0MpHA,,v,,_ R E C E II V' ;i Planning Department
,,,,A`, �sfi Omaha/Douglas Civic Center
c �1�..�,0v 1819 Farnam Street,Suite 1100
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(402)444-5150 ,
oA4rFD FEae‘t,i- February 27, 20(7r l�TY C t ��� Telefax(402)444-6140
OMAHA, NEBRASK Robert C.Peters
City of Omaha Acting Director
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The attached proposed Ordinance of Necessity authorizes the acquisition of property for
implementing the Convention Center/Arena Redevelopment Plan.
The properties to be acquired, as shown on the attached map, are located in an area generally
bounded by the Illinois Central Railroad track on the north, Abbott Drive and the western edge
of the ASARCO Park Development on the east, Dodge Street on the south and 16th Street on the
west. The acquisition consists of 3 vacant properties and a property occupied by a metal
recycling business.
The City of Omaha will have the property appraised and will offer just compensation to the
property owners. If the City is unable to negotiate the purchase price, the property will be
acquired through eminent domain proceedings. Occupants will receive relocation assistance in
accordance with the requirements of the Nebraska Relocation Assistance Act.
The costs incurred will be paid from the Convention Center/Arena Project Organization 1196,
Fund 360, Agency 195, Activity 5561, Year 2001 funding.
Your favorable consideration of this Ordinance is requested.
Sincerely, Referred to City Council for Consideration:
L / v .. 2ii. ir
r0 j 4 , ' f
Robert C. Peters Date ys Offi, - e Date
Acting Planning Director
Approved as to Funding:
-4/2/
Stanley P. Date
Acting Finance Director
P:U'LN1\10505z.doc
ORDINANCE NO. 'e 537
AN ORDINANCE declaring the necessity of appropriating, for the use of the City of.Omaha,
certain hereinafter described vacant and improved properties located in the Convention
Center/Arena Redevelopment Plan Area, within an area generally defined by the Illinois
Central Railroad track on the north, Abbott Drive and the western edge of the ASARCO
Park Development on the east, Dodge Street on the south and 16th Street on the west, for
acquisition, relocation as appropriate, and subsequent use a site for implementing the
Convention Center/Arena Redevelopment Plan; provided that as to each specified parcel
which cannot be obtained by negotiation, proceedings in eminent domain be undertaken
and completed; and, providing for the effective date hereof. Funding shall be payable
from Convention Center/Arena Project Organization 1196, Fund 360, Agency 195,
Activity 5561, Year 2001 funding.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That it is proper and necessary, pursuant to the Nebraska Community
Development Law, to appropriate vacant and improved properties generally located in an area
bounded by the Illinois Central Railroad track, Abbott Drive and the western edge of the
ASARCO Park Development, Dodge Street and 16th Street as outlined on the attached map, and
that these vacant and improved properties necessary for such purpose are in Douglas County,
Nebraska and are more particularly described as follows:
1. 1308 Weber Street and 1321 Burt Street
Lots 4, 5, 6 and 7, Block 354, Original City of Omaha, Douglas County,Nebraska.
2. Called 313 North 10th Street
Part of Lots 4 and 5, Block 63, Original City of Omaha, Douglas County, Nebraska, more
particularly described as follows: Beginning at a point 7 feet North and 50 feet West of the
Southwest corner of Lot 4, Block 63, Original City of Omaha, thence Easterly in a straight line
34.7 feet to a point 6.5 feet North and 15.3 feet West of the Southwest corner of said Lot 4;
thence Easterly in a straight line 27 feet to a point 7.2 feet North and 11.7 feet East of the
Southwest corner of said Lot 4; thence South in a straight line 9.2 feet to a point 2 feet South and
• 11.7 feet East of the Southwest corner of said Lot 4; thence Easterly and parallel with the South
ORDINANCE NO. 5 r
PAGE 2
line of Lot 4, 20.8 feet; thence Southeasterly in a straight line, 44.5 feet to a point 31 feet South
and 66.4 feet East of the Southwest corner of said Lot 4; thence in a Northeasterly direction in a
straight line, 14.5 feet to a point 18.9 feet South and 74.4 feet East of the Southwest corner of
said Lot 4; thence Northwesterly in a.straight line 61.25 feet to a point 23.5 feet North, and 30
feet East of the Southwest corner of said Lot 4; thence Northwesterly in a straight line 48 feet to
a point 52.5 feet North and 8 feet West of the Southwest corner of said Lot 4; thence
Northwesterly in a straight line 8 feet to a point 56.5 feet North and 15.3 feet West of the
Southwest corner of said Lot 4; thence in a straight line 39 feet to a point 75 feet North and 50
feet West of the Southwest corner of said Lot 4; thence South in a straight line 68 feet to a place
of beginning, and that part of 10th Street adjoining above described premises, all situated in the
City of Omaha, Douglas County,Nebraska.
3. 1402 Webster Street
That part of Blocks 321, 335 and 353, Original City of Omaha, parts of vacated alleys in said
Blocks, and parts of vacated Burt and Cuming Streets, all of said land situate, lying and being in
the City of Omaha, County of Douglas, State of Nebraska, and more particularly described as
follows, to wit: Beginning at the Southwest corner of Lot 7 in Block 353; thence North, a
distance of 1,052 feet, more or less, to a point on the North line of said Block 321 distant 132.8
feet East of the West line of said Block 321; thence East along said North line of said Block 321,
a distance of 28.9 feet to a point distant 15.0 feet Southwesterly, measured at right angles, from
the centerline of the Chicago, Saint Paul, Minneapolis and Omaha Railway Company's Spur
Track, I.C.C. No. 180; thence Southeasterly along a line which forms an angle of 76°34',
measured clockwise from said North line of Block 321, a distance of 137.9 feet to a point distant
15 feet Southwesterly measured at right angles, from the centerline of the Chicago, Saint Paul,
Minneapolis and Omaha Railway Company Spur Track I.C.C. No. 194; thence Southeasterly
along a line which forms an angle of 7°11', measured counterclockwise from the.Southeasterly
extension of the last described line, a distance of 189.4 feet to the intersection of the Northerly
extension of the Easterly line of said Block 335; thence Southerly along the East lines of said
Block 335 and 353 and said East lines extended, a distance of 743.8 feet to the Southeast corner
of said Block 353; thence West, along the South line of said Block 353, a distance of 133.95 feet,
more or less, to the point of beginning.
EXCEPTING THEREFROM that portion conveyed to Union Pacific Railroad Company in the
Deed filed July 8, 1986 in Deed Book 1783 at Page 253; and that portion conveyed to Union
Pacific Railroad Company in the Warranty Deed filed June 29, 1990 in Deed Book 1877 at Page
506, in the Office of the Register of Deeds, Douglas County,Nebraska.
4. 711 North 15th Street
That part of Blocks 320, 321, 335 and 353, in the Original City of Omaha, in Douglas County,
Nebraska, together with parts of vacated alleys in said Blocks and parts of vacated Burt, Curving
and Izard Streets, all more particularly described as follows:
Beginning at the Southwest corner of said Block 353; thence North along the West lines of said
Blocks 353, 335, 321 and 320 and said West lines extended, a distance of 1,437.6 feet, to the
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ORDINANCE NO. F,j 5I 0
PAGE 3
Northwest corner of said Block 321; thence East along the North line of said Block 320, a
distance of 61.8 feet, more or less, to a point distant 15.0 feet Southwesterly, measured at right
angles, from the center line of Chicago, Saint Paul, Minneapolis and Omaha Railway Company's
Spurt Track, I.C.C. No. 180; thence Southeasterly, along a line drawn parallel with the center
line of said Spur Track, I.C.C. No. 180, said parallel line making a deflection angle of 76°34'
with said North line of Block 320, a distance of 396.1 feet, more or less, to the North line of said
Block 321; thence West along the North line of Block 321, a distance of 28.9 feet, more or less
to a point 132.8 feet East of the West line of said Block 321; thence South 1,052.0 feet, more or
less, to the Southwest corner of Lot 7, in said Block 353; thence West a distance of 133.95 feet,
more or less, to the point of beginning;
EXCEPT THAT PART thereof more particularly described as follows:
Beginning at the Northeast corner of Lot 3, in Block 321; thence South 00°04'25" East along the
East line of said Lot 3, a distance of 55.99 feet to a point on a curve; thence Northwesterly along
a 441.43 foot radius curve to the left an arc distance of 174.38 feet (said curve has a chord
bearing North 50°00'59" West and a chord distance of 173.25 feet); thence North 00°00'00"
East along the East right-of-way line of 15th Street, a distance of 44.43 feet to the Southwest
corner of Lot 5, Block 320; thence North 89°54'22" East along the South line of said Block 320,
a distance of 1.22 feet to a point on a curve; thence Southeasterly along a 481.43 feet radius
curve to the right an arc distance of 163.20 feet, said curve has a chord bearing South 54°01'58"
East and a chord distance of 162.42 feet to a point on the extended East line of said Lot 3, Block
321; thence South 00°04'25" East along the extended East line of said Lot 3, a distance of 4.38
feet, to the point of beginning.
Section 2. That the City of Omaha 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 property for the acquisition of
said property by the City of Omaha for the aforesaid purposes. Upon failure to agree to
negotiation with the owner of any of the above described property for the acquisition thereof by
the City of Omaha, the City is authorized, empowered, and directed, through the Law
Department, to proceed forthwith to acquire such property not obtained by negotiation, by
proceedings in accordance with the laws of the State of Nebraska, under the power of eminent
domain. Any notice or notices in the name of the City of Omaha required to be given the owners
of other persons having any interest in and to any of the above described property may be given
by the Law Department of the City of Omaha. Funding shall be payable from Convention
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ORDINANCE NO. 3.657 f
PAGE 4
Center/Arena Project Organization 1196, Fund 360, Agency 195, Activity 5561, Year 2001
funding.
Section 3. That this Ordinance, being not 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
WM,C.) ideAft APPF''OVED B,...•
p1 / 312_1 )01
MAYOR OF THE CITY OF 0 AHA DATE
PASSED MAR 13 2091 67 - D
ATTEST:
A6114
CLERK OF TH CITY OF OMAHA DA E
APPROVED AS TO F
ITY O Y ATE
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"NOTICE TO PUBLIC"- THE DAILY RECORD
' The following Ordinance has been set for OF OMAHA
City Council hearing on March 6,2001, at
2:00 o'clock p.m., in the Legislative RONALD A. HENNINGSEN,Omaha/Douglas Civic Center', , Publisher
1819 Farnam Street, at which hearing all PROOF OF PUBLICATION
persons interested,may be heard.
AN ORDINANCE declaring the necessity
of appropriating, for the use of the City of UNITED STATES OF AMERICA,
Omaha certain hereinafter described 4acant
and improved properties located,,in the The State of Nebraska,
Convention Center/Arena Redevelopment District of Nebraska, ss,
Plan Area,within an area generally defined Comity of Douglas,
by the Illinois Central Railroad track on the City of Omaha,
north,Abbott Drive and the western edge of
the ASARCO Park Development on the East,
Dodge Street on the south and 16th-Street JOHN P. EGLSAER
on the west, for acquisition, relocation as
appropriate, and subsequent use a."site for being duly sworn,deposes and says that he Is
implementing the Convention Centel/Arena
Redevelopment,sP.lan:. provided that as to ADVERTISING MANAGER
each specified. parcel •wwhich cannot be
obtained by negoti8ti n,; proceedings in
eminent domain be-',:undertaken and of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
tecompleted;hoand, providing for payablethe fective
m published daily in the English language, havinga bona tide paid
date hereof.Funding shall_ be from $ gu ge,
Convention center/Arena Project circulation in Douglas County in excess of 300 copies, printed in
Organization 1196, Fund 360, Agency 195, Omaha,in said County of Douglas,for more than fifty-two weeks last
Activity 5561,Year 2001 funding.BUSTER BROWN, past; that the printed notice hereto attached was published in THE
City Clerk
3-2-01 DAILY RECORD,of Omaha,on
March 2, 2001
•
1.- ".t.,,‘.\spaperduringthattime was regularly published and
i i'-;e&e s t .,ji`tion in the County Douglas, and State of
AL
Usher's Fee E..%
Y R
difJo'i ` t
r ni
• oiatrpsl ►� .• � bed in my presence worn to
, EXPIRia 22.10 before me this 2 day of
!+ LTotal ,'s f.... ....... arch 001
Ili+�j9,,gY 6• Zp0;S�Q j
s d
(1q�\\OF NEB�P: Note c to and glee County,
State of Nebraska
_"OTICESUZUSLIC" THE DAILY RECORD
OR DIIIIANCEFAIO)I ISS 18
AN ORDINANC6.de"clarin4 the necessity OF OT/I A C11U1A
of approptiatingt;rforfithe•;useiof the City of 1Y1
Omaha ceitain lterein�ftpr described vacant RONALD A. HENNINGSEN Publisher
and in; nv-C roPeena 'located in the PROOF OF PUBLICATION
Convention Center/Arena Redevelopment
Plan Area,within an area generally defined,
by the IllinoistCentral Railroad track on the UNITED STATES OF AMERICA north,Abbott Drive and the western
edge of
the ASARCO Park Development on the East, The State of Nebraska,
Dodge Street on the south and 16th Street District of Nebraska. SS.
on the west, for acquisition, relocation as ant,of Douglas,
appropriate, and subsequent use a site for City of Omaha,
implementing the Convention Center/Arena
Redevelopment Plan; provided that as to
each specified parcel which cannot be JOHN P. EGLSAER
obtained by negotiation, proceedings in
eminent domain be undertaken and being duly sworn,deposes and says that he is
completed; and, providing for the effective
date hereof.Funding shall be payable from
Convention Center/Arena Project ADVERTISING MANAGER
Organization 1196, Fund 360, Agency 195,
Activity 5561,Year 2001 funding.
SUMMARY: of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
AN ORDINANCE declaring the necessity published daily in the English language, having a bona fide paid
of appropriating, for the use of the City of circulation in Douglas County in excess of 300 copies, printed in
Omaha certain hereinafter described vacant c0 P
and improved properties located in the Omaha,in said County of Douglas,for more than fifty-two weeks last
Convention Center/Arena Redevelopment past; that the printed notice hereto attached was published in THE
Plan Area,within an area generally defined
by the Illinois Central Railroad track on the DAILY RECORD,of Omaha,on
north,Abbott Drive and the western edge of
the ASARCO Park Development on the East, March 28;,2001
Dodge Street on the south and 16th Street
on the west, for acquisition, relocation as
appropriate, and subsequent use a site for
implementing the Convention Center/Arena
Redevelopment Plan; provided that as to
each specified parcel which cannot be ...� N.Y�
obtained by negotiation, proceedings in •m - \
eminent domain be undertaken and That :." T . : r , ,, g that time was regularly published and
completed; and, providing for the effective in ` ` •• .�,; e County of Douglas, and State of
date hereof.Funding shall be payable from Nebr.,: ,_ Vs rI
Convention Center/Arena ProjectP. '
Organization 1196, Fund 360, Agency 195, f/
Activity 5561,Year 2001 funding. Publl ' ' '�•.. *
PASSED: March 13,2001, 6-0 i r : �� ' % �� �—r
APPROVED BY: Addi r I tipples WIRES j
HAL DAUB 3/22/01 i �p / Su bed in my p Cp t s . to
MAYOR OF THE li •-L,9 52�(p�. i before rtie s p. L r ..day of
CITY OF OMAHA I� r6, 1d7S.
BUSTER BROWN, ,!f/�/7�rd7777 M / arch
3-28-01 City Clerk 1t\\\\B`NEB�P_SP' / 20
el
Notary Pub in fo L:,: • s., ,
of Nebraska