RES 2000-1523 - Negotiator's report of Tim Phelan, Tom Lund, and Mark Larson re Ord 35160 f
♦
•
of yp1 , Public Works Department
; �\� 1
u t�,�..('�> Omaha/Douglas Civic Center
�f♦ IV15 1819 Farnam Street,Suite 601
!: � June 6 2000 Omaha,Nebraska 68183 0601
�p _ ^ti (402)444-5220
op �� Telefax(402)444-5248
4/Wo FEBR�r
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 a Resolution accepting the attached Negotiators' Reports submitted by
Tim Phelan, Tom Lund, and Mark Larson, made in accordance with Necessity Ordinance No.
35160, passed March 7, 2000, declaring the necessity of appropriating and acquiring certain
private property for the purpose of widening 72nd Street, Jones Street to Western Avenue, known
as City Project No. S.P. 86-23B, Federal Project No. STPC 5037(12).
The Negotiators, Tim Phelan, Tom Lund, and Mark Larson were successful in acquiring 5
parcels of land or interest in property required for the project, which addresses are 518 North,
72"d Street, 502 North 72nd Street, 514 North 72nd Street, 711 South 72"d Street, and 151 North
72"d Street, for the total negotiated amount of$497,353.00.
•
The Negotiators, Tim Phelan, Tom Lund, and Mark Larson were unsuccessful in negotiating and
acquiring 11 parcels of land or interest in property required for the project, and the Public Works
Department recommends that the Law Department of the City of Omaha take the necessary steps
and procedures to condemn the 11 parcels of land or interest in property non-negotiated, which
addresses are 506 North 72nd Street, 802 North 72nd Street, 7051 Dodge Street, 7205 Dodge
Street, 7059 Dodge Street, 7140 Dodge Street, 7110 Dodge Street, 7345 Dodge Street, 7337
Dodge Street, 7215 Dodge Street, and 7052 Dodge Street.
The cost of the condemnation awards based on the Report of Appraisers made for the 11 parcels
of land or interest in property non-negotiated and the cost of the 5 parcels of land or interest in
property negotiated shall be paid from the Street and Highway Bond Organization 1509, 1996
Street and Highway Bond Issue No. 2 (year 2000 funding), Agency 140, Fund 305.
ectfully s bmte
Don W Elliott, P . / Date
Director
Appr ed as to Funding: e rred to i y Co cil Consider io .
100', lituA--- 5/3q�co s el)
Stanley P Tim Date Mayor's Office/Title Date
Acting Finance Director 5
P:\PW2\8867maf.doc
i otAAHA.
ot Public Works Department
Omaha/Douglas Civic Center
' 1819 Famam Street,Suite 601
tT, �r1 -t h June 6, 2000 Omaha,Nebraska 68183-0601
p•F- yt�m2��-bF�
�, ro (402)444-5220
o+,7'ED FEB"%- Telefax(402)444-5248
Cityof Omaha Don W.Elliott,P.E.
Public Works Director
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The following is a Negotiator's Report submitted by Tim Phelan, Tom Lund, and Mark Larson
for acquiring certain parcels of land or interests in property for the purpose of widening 72"d
Street, Jones Street to Western Avenue, known as City Project No. S.P. 86-23B, Federal Project
No. STPC 5037(12).
The following 5 parcels of land or interests in property have been negotiated as follows:
Negotiated Fee Negotiated
Tract Owner Document Appraisal• Amount
131 Stephen Lane Land Acquisition = $ 2,320.00 $ 2,320.00
518 North 72"d Street Severance Damage= 17,528.00 17,528.00
Temporary Easement= 1,225.00 1,225.00
Landscaping = 39.00 39.00
21,112.00 21,112.00
127 Donald R. & MariLea C. Land Acquisition = 5,320.00 5,320.00
Betchel Severance Damage= 14,615.00 14,615.00
502 North 72"d Street Temporary Easement 1,545.00 1,545.00
Landscaping = 1,607.00 1,607.00
23,087.00 23,087.00
130 Kelley S. Fleming Land Acquisition = 1,820.00 1,820.00
514 North 72"d Street Severance Damage= 19,235.00 19,235.00
Temporary Easement= 1,020.00 1,020.00
Landscaping = 255.00 255.00
22,330.00 22,330.00
26 Scott King Land Acquisition = 18,445.00 18,445.00
Kay Anderson Severance Damage= 41,555.00 41,555.00
711 South 72"d Street Temporary Easement= 15,949.00 15,949.00
Landscaping = 1,078.00
75,949.00 77,027.00
43 Tonel Investment Company Land Acquisition = 73,220.00 84,640.00
a Partnership Severance Damage= 235,000.00 235,000.00
151 North 72"d Street Temporary Easement= 25,263.00 29,210.00
Lot Re-striping & Landscaping = 4,947.00
333,483.00 353,797.00
Total Fee Appraisal Amount $475,961.00
Total Negotiated Amount $497,353.00
Honorable President
and Members of the City Council
Page 2
The following 11 parcels of land or interests in property could not be negotiated:
Negotiated
Tract Owner Document Fee Appraisal
128 Pauline, Mary & Faye Mangelsen Land Acquisition = $ 2,365.00
506 North 72nd Street Severance Damage= 17,722.00
Temporary Easement= 770.00
Landscaping = 1,025.00
$22,132.00
140 Dorothy C. Turner Land Acquisition = 2,460.00
Holly A. Guinn Severance Damage= 12,800.00
802 North 72nd Street Temporary Easement= 570.00
Landscaping = 10,212.00
26,042.00
162 Ronald N. Kaplan, Fee Owner Land Acquisition = 24,300.00
Taco Bell, a CA. Corp., Lessee Severance Damage= 9,600.00
7051 Dodge Street Temporary Easement= 5,170.00
39,070.00
4 Omaha Store No. 166, L.L.C., Land Acquisition = 5,800.00
A Delaware Limited Liability Temporary Easement= 35,400.00
Company, Fee Owner 41,200.00
Borders, Inc., a Del. Corp., Lessee
7205 Dodge Street
37 AEI Real Estate Fund Land Acquisition = 201,870.00
XVI, Limited Partnership Severance Damage= 27,500.00
Fee Owner; Fuddruckers, Inc. Temporary Easement= 39,800.00
a Texas Corp., Lessee; Landscaping = 630.00
Costello, Inc., a Nebraska Corp., 269,800.00
Sub-Lessee
7059 Dodge Street
38 The American Oil Company Land Acquisition = 320,000.00
N/K/A Amoco Oil Company
a Maryland Corp., Fee Owner,
Rick Ekwall, Lessee
7140 Dodge Street 320,000.00
39 The Five Fifty Two Corp., Fee Owner Land Acquisition = 150,560.00
PETCO Animal Supplies, Inc., Lessee Severance Damage= 119,440.00
7110 Dodge Street Temporary Easement= 43,220.00
313,220.00
159 Nellie F. Griffin, Fee Owner Land Acquisition = 4,400.00
Pearl Vision Center, Inc., Temporary Easement= 6,200.00
a Delaware Corp., Lessee; 10,600.00
D. &G. Visions, Inc; Sub-Lessee
7345 Dodge Street
7
Honorable President
and Members of the City Council
Page 3
Negotiated
Tract Owner Document Fee Appraisal
160 Robert J. &Julie Hilkemann Land Acquisition = 13,600.00
7337 Dodge Street Severance Damage= 9,000.00
Temporary Easement= 7,600.00
30,200.00
161 Frank W. Bemis, Fee Owner Land Acquisition = 39,700.00
US West Cellular, Lessee Severance Damage= 105,000.00
Air Touch Paging, Sub-Lessee Temporary Easement= 23,900.00
7215 Dodge Street 168,600.00
163 Robert E. Schwab, Trustee; Land Acquisition = 2,775.00
AHM Properties, L.L.C., Fee Owners; Severance Damage= 32,000.00
Edward J. & Margie Reznicek, Lessee Temporary Easement= 13,800.00
7052 Dodge Street 48,575.00
Total Non-negotiated Fee Appraisal Amount $1,289,439.00
Respectfully s 'tted,
Tim Phelan
Tom Lund
Mark Larson
Right-of-Way Section
Design Division
Public Works Department
P:\PW2\8868maf.doc
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr June 6, 2000
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Tim Phelan, Tom Lund, and Mark Larson, Negotiators, have
submitted to the City Council a Negotiator's Report, attached, in accordance with the Necessity
Ordinance No. 35160, passed March 7, 2000, declaring the necessity of appropriating and
acquiring certain private property for the purpose of widening 72nd Street, Jones Street to
Western Avenue; and,
WHEREAS, the Report shows that the Negotiators, Tim Phelan, Tom Lund, and
Mark Larson were successful in negotiating and acquiring 5 parcels of land or interests in
property required for the project, which addresses are 518 North 72"d Street, 502 North 72"
Street, 514 North 72"d Street, 711 South 72nd Street, and 151 North 72nd Street; and,
WHEREAS, the Report shows that the Negotiators, Tim Phelan, Tom Lund, and
Mark Larson, were unsuccessful in negotiating and acquiring 11 parcels of land or interest in
property for the project, which addresses are 506 North 72nd Street, 802 North 72nd Street, 7051
Dodge Street, 7205 Dodge Street, 7059 Dodge Street, 7140 Dodge Street, 7110 Dodge Street,
7345 Dodge Street, 7337 Dodge Street, 7215 Dodge Street, and 7052 Dodge Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Negotiators' Report of Tim Phelan, Tom Lund, and Mark Larson,
made in accordance with Necessity Ordinance No. 35160, 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 parcel of land or interest in property non-
negotiated and to pay the cost of the 5 negotiated parcels of land or interest in property acquired,
which addresses are 518 North 72"d Street, 502 North 72nd Street, 514 North 72nd Street, 711
South 72nd Street, and 151 North 72nd Street, in the amount of $497,353.00 from the Street and
Highway Bond Organization 1509, 1996 Street and Highway Bond Issue No. 2 (year 2000
funding), Agency 140, Fund 305.
By
Councilmember
Adopted
City Clerk
Approved
Mayor
c-25a CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr June 6, 2000
PAGE 2
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 11 parcels of land non-negotiated, which addresses are 506 North 72"d Street,
802 North 72nd Street, 7051 Dodge Street, 7205 Dodge Street, 7059 Dodge Street, 7140 Dodge
Street, 7110 Dodge Street, 7345 Dodge Street, 7337 Dodge Street, 7215 Dodge Street, and 7052
Dodge Street.
APPROVED AS TO FORM:
1/3./0
S 1iylri7 CITY ATTORNEY DATE
P:\PW2\8869maf.doc
By .. ..... . ....
ouncilmember
Adopted 1, 6 21109 7 o
goy kir
..
City rk
Approved • .... -. : /
pp / 10
----� .Mayor
. 'v y $1) a) w C7 CA o w Y o CA N Z S• w o'0 G � :n
aC o o n Q. co co o.. ' 0 a° Gi c o co ' o 7-
C=D x x o<° ^ " o o m 5 CD up c • co 0 8 cn •
c d � o �o -IL o coog -� o c .Po gg
oa. O =0. vI CD JOro t CD i ° ..+, p, o Cl)" `G ° ct, .0G. 0a `° 0cn
rD
O O- V N v aQ 8 �CCDD CADrDD. o N z a cJi o ° coo = t" O�
t0ty. �.. G" CD 0 w pis a o N Y CD ., CD w 1 (��
N 0 o N �- v' � 0 o o a � - 5 ¢ o 0 ^-> = Z o o _1r
o n No " o crq ooc• . mw ,- N) �. 0 ° o z
b - N v� cc CD a o w
m• � t7 � a CD p w a� = 0 CD cD o G
G CD \
" Z ao o
Nam "'°° `D � ofl o � `� oCD
cD ^ � ,,,,,,-• " cD „- c, as . o
o o C7 o c- c ter° ° 9 ' � o n 5
•, m g o
cD n. - cn woa 4 0 - o B _, o v, o roq- cA m 0
\ 1. \1
QV,