RES 1999-1765 - Negotiator's report of Tom Lund re Ord 34432 4'_`--404; RECFIVED
Public Works Department
tz f n Omaha/Douglas Civic Center
z i la 'i r Jul 13 1999 99 JUL _2 pH 1819 Famam Street,Suite 601
o"•' 1 (� 1' 4 6 Omaha,Nebraska 68183-0601
A�4- . CLs I t 'r r t �--, . (402)444-5220
4/:to FEBR t ,.0 L.,i;;R I Telefax(402)444-5248
City of Omaha ' 1 t"f > A,:s r q
Don W.Elliott,P.E.
Hal Daub,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving the attached Negotiator's Report and Revised Real
Estate Purchase Agreement (Corporation) submitted by Tom Lund made in accordance with
Necessity Ordinance No. 34432,passed January 13, 1998, declaring the necessity of appropriating
and acquiring certain private property for the purpose of the widening of 72nd Street between Jones
Street and Mercy Road,known as City Project No. S.P. 86-23,Federal Project No. STPC 5037(12).
The Negotiator, Tom Lund, was successful in acquiring a parcel of land and interests in property
from Ranch Bowl of Omaha Inc. required for the project for the total negotiated amount of
$165,000.00.
The cost of the parcel of land and interests in property negotiated are to be paid from the Street and
Highway Bond Organization 1509, 1993 Street and Highway Bond Issue#5, Fund 335.
The Public Works Department requests your consideration and recommends your approval of this
Resolution.
Respectfully submitted,
111
ublic Works Director
Ap roved as to Funding: Referred to the City Council for Consideration:
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Louis A. D'Ercole . Mayors Office/Title a-i
Finance Director
P:\LAW\4579.PJM
. Q0MAHA.NF4
A. ,4 � Public Works Department
jr'j �r Omaha/Douglas Civic Center
2 �' -k� „ 1819 Famam Street,Suite 601
oI�._ � . July 13, 1999 Omaha,Nebraska 68183 0601
A�•''trFo FEBRt:1- (402)444-5220
Telefax(402)444-5248
City of Omaha Don W.Elliott,P.E.
Hal Daub,Mayor Public Works Director
Honorable President
and Members of the City Council,
The following is a Negotiator's Report submitted by Tom Lund for acquiring a certain parcel of land
or interest in property for the purpose of the widening of 72nd Street between Jones Street and
Mercy Road, known as City Project No. S.P. 86-23, Federal Project No. STPC 5037(12).
The following parcel of land and interest in property has been negotiated as follows:
Tract Fee Owner Equitable Negotiated Fee Negotiated
No. and Address Interest Document Appraisal Amount
26 Ranch Bowl Mid-City Land Acquisition $ 9,344.00 $ 9,344.00
of Omaha Inc., Bank,Inc. Severance Damage $ 89,450.00 $105,548.00
a corporation, Omaha,NE Temporary Easement $ 22,844.00 $ 22,844.00
1606 S. 72nd St. Construction of
Omaha,NE Access Road $ 0 $ 15,000.00
Purchase of pavement,
concrete base, signs,
and loss of parking $ 11,430.00 $ 11,430.00
Negotiated Settlement $ $ 834.00
$133,080..00 $165,000.00
Total Fee Appraisal Amount $133,080.00
Total Negotiated Amount $165,000.00
Respectfully sub itted,
Tom Lund, Right-of- ay Agent
Right-of-Way Section
Design Division
Public Works Department
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• EXHIBIT "A"
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Land Acquisition:
A part of Lot 1, Ranch Bowl, an addition to the City of Omaha,Douglas County, Nebraska,
and described as follows: Beginning at the northeast corner of said Lot 1; thence
S02°16'31" E a distance.of 34.25 meters (112.37 feet); thence N 36°55'29" W a distance of
2.12 meters (6.96 feet); thence N 02°16'54" W a distance of 24.57 meters (80.61 feet); thence
S 87°42'59" W a distance of 2.88 meters (9.45 feet); thence N 02°17'56" W a distance of 7.95
meters (26.08 feet) thence N 87°46'08" E a distance of 4.09 meters (13.42 feet) to the Point
of Beginning.
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AND: •
Apart of Lot 1, Ranch Bowl, an addition to the City of Omaha,Douglas County, Nebraska,
aid described as follows: Beginning at the southeast corner of said Lot 1; thence
S87°46'07" W along the south line of said Lot 1 a distance of 10.80 meters (35.43 feet);
thence N 49°52'38" E a distance of 13.68 meters (44.88 feet); thence S 02°16"31" E a dis-
tance of 8.40 meters (27.56 feet); to the Point of Beginning and both tracts contain 108.53
square meters (1168.21 s.f.), more or less.
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jksex a lund 0331.doc 04/02/99 page I
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44164)
REVISED REAL ESTATE PURCHASE AGREEMENT
(CORPORATION)
City of Omaha,Nebraska FOR OFFICE USE ONLY
Public Works Department Project: 72,d St.(Western to 1-80)
Design Division City Pro).No.: S.P.86-23
R-O-W Section Tract No.: 26
(Tom Lund,RN11 Agent) Address: 1606 So.72nd St.
Omaha,Nebraska 68124
KNOW ALL MEN BYTHESE PRESENTS:
THAT Ranch Bowl of Omaha Inc., a corporation organized and existing under and by virtue of the Laws of the
State of Nebraska, hereinafter referred to as GRANTOR, in consideration of the following promises, hereby agrees to sell
and convey to the City of Omaha, Nebraska, hereinafter called CITY, and CITY agrees to purchase, for the sum of One
hundred sixty-five thousand and 00/100 dollars ($165,000.00), and other good and valuable consideration, hereinafter
referred to as CONSIDERATION, the following described real estate and property interests situated in the City of Omaha,
Douglas County,Nebraska,to-wit:
That Real Estate("premises")legally described in attached Exhibit"A"(and generally depicted on Exhibit A-3 as
"Land Acquisition")together with the temporary easement over that real estate("Temporary Premises")legally
described in attached Exhibit"A-1"(and generally depicted as such in Exhibit"A-3")
IT IS UNDERSTOOD THAT:
1) The Premises shall be conveyed to CITY free and clear of any encumbrances or liens except convenants,easements and
restrictions of record. A Corporate Warranty Deed in due and proper form shall be executed and delivered to CITY
upon execution of this Purchase Agreement. Said Corporate Warranty Deed shall be prepared by the CITY. In addition,
the GRANTOR agrees to execute a Temporary Easement Agreement over the temporary premises in the form of the
attached Exhibit"B".
2) Said CONSIDERATION herein recited represents the entire CONSIDERATION established as just compensation to be
paid by CITY to GRANTOR for those interests described to be allocated as described in the Revised Statement of Offer
attached as Exhibit "C". Payment of such sum by CITY to GRANTOR shall relieve CITY of all further obligations or
claims there for account,except relocation assistance, if any,as required by Federal and State Law.
3) Subject to paragraph 8, GRANTOR further agrees to pay all taxes and assessments which are due and payable and
which have become a lien or will become a lien on the premises prior to the execution of the aforesaid Corporate
Warranty Deed, and upon GRANTOR'S failure to do so, CITY may deduct the amount of such unpaid taxes and
assessments from the said CONSIDERATION.
4) One-Hundred percent (100%) of said CONSIDERATION shall be paid upon execution and delivery of the aforesaid
Corporate Warranty Deed and Temporary Easement Agreement,to be completed upon the approval of the City Council
of Omaha, Nebraska. CITY may deduct any sum due CITY because of unpaid taxes, or, from the said
CONSIDERATION.
5) CITY shall be entitled to take possession of the Premises upon payment of said consideration recited herein and of the
Temporary premises as provided in paragraph 13.
6) GRANTOR agrees not to encumber the premises in any manner following execution of this Real Estate Purchase
Agreement, therein. If any other party shall hold any encumbrance against the aforementioned property at the time of
delivery of the Deed, such payments as are due under this Real Estate Purchase Agreement for the Premises_shall be
made to the Owner jointly with the party or parties holding such encumbrance, unless said party, or parties holding such
encumbrance shall have in writing waived his right to receive such payment.
7) The CONSIDERATION stated herein for the acquisition of the Premises and the Temporary Premises includes any
damages to the remaining property,of GRANTOR, located at 1606 South 72nd Street Omaha,NE and the GRANTOR
waives the statutory procedure for arriving at damages by reason of any change of grade and waives any damages for
any change of grade in the construction of the improvement to which this pertains.
8) CITY agrees to pay expenses for abstracts of title,release of mortgages,recording fees,and revenue stamps, if required.
Real estate taxes on the Premises for the current year will be prorated as of the date of closing.
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REAL ESTATE PURCHASE AGREEMENT
TRACT NO.26
Page Two(2)
/21 The CITY will makes its best effort to insure that the GRANTOR has access to the Ranch Bowl for both North and
Southbound traffic on 72nd street from either 72nd Street or the 72nd Street frontage road, either by its present drive or
by a temporary drive, throughout the 72nd Street widening project; provided, however, to the extent the City is
unable to do so, the City shall provide GRANTOR with locations for GRANTOR to post appropriate signage
detour and rerouting traffic to the Ranch Bowl. During construction, the CITY shall allow GRANTOR to post
such signage on any property under its control at no cost to the GRANTOR.
10) The GRANTOR may construct and install permanent or temporary signs up to its east and south property lines as is
presently permitted by the Omaha Municipal Code.This in no way abrogates the responsibility of the GRANTOR to
secure appropriate permits or comply with other regulations appearing in the Omaha Municipal Code.
11) GRANTOR is to remove the existing concrete base located at the southeast entrance prior to March 1,2000.
12) During construction, the City will at its sole cost and expense, erect a temporary fence that will be in place along the
back of the curb(parallel to Hickory street)of the south parking lot to allow parking as it presently exists.
13) Notwithstanding any provision in the Temporary Easement Agreement or this Real Estate Purchase Agreement to the
contrary, during the two (2) year term of the temporary easement, GRANTOR'S twenty-four(24) parking stalls along
72nd street will only be unavailable for GRANTOR'S purposes for a period of six(6) continuous months to commence
upon two(2)weeks notice to the Ranch Bowl that parking will be unavailable.
14) GRANTOR will not be required to secure a variance from the Zoning Board of Appeals or other similar Board of the
City should it elect to reconstruct the road along the west side of the Ranch Bowl site or other similar approval. The
CITY represents that there already exists sufficient property to provide the 5 foot landscape buffer required by the
Omaha Municipal Code. Prior to any construction, GRANTOR is responsibe for securing the building permit
necessary for reconstructing and widening the existing roadway. CITY will administratively issue such building
permit upon receipt of an application and payment by GRANTOR'S contractor.
THIS IS A LEGAL AND BINDING AGREEMENT,CONTINGENT UPON THE FOLLOWING CONDITIONS-PLEASE READ IT.
The representative of the Public Works Department, City of Omaha, Nebraska, in presenting this contract has given me a
copy and explained all of its provisions. A complete understanding and explanation has been given of the terminology,
phrases, and statements contained in this contract. It is understood that no promises, verbal agreements or understanding
except as set forth in this contract will be honored by the Public Works Department, City of Omaha,Nebraska.
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REAL ESTATE PURCHASE AGREEMENT
TRACT NO.26
Page Three(3)
IN WITNESS WHEREOF,the said party of the first part has hereunto and these presents to be signed by its respective
officers this o20 day of 4 L ' , 19 7
Ranch Bowl of Omaha Inc.,a NE Corp. !
(Name of Corporation) (Federal 1.D.No.)
PRESIDENT or AUTHORIZED OFF R: ATTEST:
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Name and Title) (Name and Title)
STATE OF NEBRASKA ) (Corporate Seal)
COUNTY OF DOUGLAS )
On this C7 day off'D *p/ A 1 , 19 q� ,before me,Qa�Notary/Public in andfor said
County,personally came mG [y�.eWi D. 6_ I , �/"``Sfc:40�,1
(Name) (Title)
of Ranch Bowl of Omaha Inc.,. ,a Nebraska Corporation,and
,of said Corporation,
(Name) (Title)
to me personally known to be the respective officers of said corporation and the identical persons whose names are affixed to the foregoing
instrument,and acknowledged the execution thereof to be their respective voluntary act and deed as such officers and the voluntary act and deed
of said Corporation,and the Corporate Seal of said Corporation to be thereto affixed by its authority.
WITNESS my hand and Notarial Seal the day and year last above written.
GENERAL tTARY•State o ebraska NOTARY PUBLIC
dig LUN GENERAL NOTARY•State of Nebraska
aver, Al timt.Ew.July 0,2000 �� TOM LUND
"' ' • My Comm.Exp.July 30,2000
CITY OF OMAHA,NEBRASKA PUBLIC WORKS DEPARTMENT
Recommended for Acceptance: Accepted by:
e ,
Mark E.Larson,R.O.W.Manager Dennis L.Wils ,P.E.,Design Engineer
STATE OF NEBRASKA )
COUNTY OF DOUGLAS) AO / 7?.
On this , day of GO I , 19 before me, a Notary Public, in and for said County,
personally came the above named, Mar . Larson and Dennis L. Wilson , who are personally known to me to be the Right of Way
Manager and Design Engineer respectively, of the City of Omaha Public Works Department, Design Division, and whose names are
affixed to the above instrument and acknowledged the instrument to be their voluntary act and deed for the purpose therein stated.
WITNESS my hand and Notarial Seal the day and year last above written.
GENERAL NOTARY•State of Nebraska
ill
TOM LUND NOTARY PUBLIC
My Comm.Exp.July 30,2000
a
Notary Seal
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'46.07"W ` 70.53 1231.40'1 N87•46'08"E
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73.17 (240.06') 7.95 (26.08')
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2.12 16.96'1
8.40 (2T.56') N36'55'29"W . 24.51 (80.61'1 34.25 (112.37'1
52'16'31"E N2'16'54"W 52'16'31"E
72nd STREET
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LAND ACQUISITION 108.53 ( 1 , 168.21 ) PROJECT NO. SP 86-23
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••• PERMANENT EASEMENT • TRACT NO. 26
TEMPORARY EASEMENT 1, 105.40 ( 11,898.43) DATE: OCT. 8, 1997
LEGEND: S.M. (S.F.) �-. '.
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OWNER: RANCH BOWL OF. OMAHA LEAD AGENCY:
1606 S. 72nd STREET CITY OF OMAHA \ 4. .
OMAHA, NE. 38I24 PUBLIC WORKS DEPARTM N
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EXHIBIT "A-1"
Temporary Easement:
A part of Lot 1, Ranch Bowl, an addition to the City of Omaha, Douglas County, Nebraska,
and described as follows: Referring to the southeast corner of said Lot 1; thence
S87°46'07"W along the south line of said Lot 1 a distance of 10.80 meters (35.43 feet) to the
Point of Beginning; thence S87°46"07"W a distance of 62.93 meters (206.46 feet); thence
NO2°15'25"W a distance of 10.24 meters (33.60 feet); thence N87°43'32"E a distance of
70.73 meters (232.05 feet); thence NO2°16'28"W a distance of 70.53 meters (231.40 feet);
thence S87°43'32"W a distance of 4.00 meters (13.12 feet); thence NO2°16'29"W a distance
of 35.00 meters (114.83 feet); thence N87°46'08" E a distance of 2.91 meters (9.55 feet);
thence S02°17'56"E a distance of 7.95 meters (26.08 feet); thence N87°42'59"E a distance of
2.$8 meters (9.45 feet); thence S02°16'54" E a distance of 24.57 meters (80.61 feet); thence
S36°55'29"E a distance of 2.12 meters (6.96 feet); thence S02°16'31"E a distance of 73.17
meters (240.06 feet) thence S49°52'38"W a distance of 13.68 meters (44.88 feet) to the Point
of Beginning and containing 1,105.40 square meters (11,898.43 s.f.) more or less.
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jksex a lund 0331.doc 04/02/99 page 2
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10.80 (35.431 N49'52'38"E N2'16'29"W 4.09 (13.424
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8.40 (2T.56'! N36'55'29"W 24.57 180.61'1 34.25 (112.37'1 •
52'16'31"E 72nd STREET N2'16'54"W 52'16'31"E
LAND ACQUISITION 108.53 ( 1 , 168.21 ) PROJECT NO. SP 86-23
s2;S�:� PERMANENT EASEMENT • TRACT NO. 26
%/4 TEMPORARY EASEMENT 1 , 105.40 ( I I ,898.43) DATE: OCT. 8, 1997
LEGEND: S.M. (S.F.)
OWNER: RANCH BOWL OF. OMAHA LEAD AGENCY:
1606 S. 72nd STREET CITY OF OMAHA ..5-1, 41 I
OMAHA, NE. 38124 PUBLIC WORKS DEPARTMENT
c- a . CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr Ju1y213, 19 99
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RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Tom Lund,Negotiator,has submitted to the City Council a Negotiator's
Report and Revised Real Estate Purchase Agreement (Corporation), attached, in accordance with
Necessity Ordinance No. 34432,passed January 13, 1998, declaring the necessity of appropriating
and acquiring certain private property for the purpose of widening of 72nd Street, Jones Street to
Mercy Road, known as City Project No. S.P. 86-23, Federal Project No. STPC 5037(12); and,
WHEREAS, the report shows that the Negotiator, Tom Lund, was successful in
negotiating and acquiring a parcel of land and interest in property required for the project; and,
WHEREAS,the Revised Real Estate Purchase Agreement(Corporation)was entered
into by the City of Omaha, Nebraska and Ranch Bowl of Omaha, Inc., for purchase of a parcel of
land and interest in property, and establishes the obligations of the parties.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, the Negotiator's Report of Tom Lund and the Revised Real Estate Purchase
Agreement(Corporation) made in accordance with Necessity Ordinance No. 34432 be and hereby
are approved.
THAT, the Finance Department was authorized to pay the cost of the negotiated
parcel of land and interest in property acquired in the amount of$165,000.00 from the Street and
Highway Bond, Organization 1509, 1993 Street and Highway Bond Issue#5, Fund 335.
P:\LAW\4577.PJM APPROVED AS 0 F RM:
7- 7-ff
CITY ATTORNEY DATE
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By ga -0 4. .7�7La
Councilmember
Adopted JU „1...3 .1999 7-a
City C -rk
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