RES 1998-3197 - Purchase contract with Omaha Housing Authority for former Logan Fontenelle Homes property D�AAHA,Arkid,
of °R Panning Department
` .00kt $ `° r,#"j Omaha/Douglas Civic Center
�5r`'" 1819 Farnam Street,Suite 1100
, Omaha,Nebraska 68183-0110
, , C! w{, .I I I. 2 5 (402)444-5200
O (402)444-5150
444D FES03' ;` . Telefax(402)444-6140
City of Omaha , a :€ `�- Robert C.Peters
Hal Daub,Mayor Acting Director
Honorable President
and Members of the City Council,
The attached proposed Resolution authorizes the City of Omaha to execute a purchase contract to
acquire the former Logan Fontenelle Homes site from the Omaha Housing Authority. The property
is within an area bounded by Clark Street, 20th Street, Paul Street and 24th Street.
The Logan Fontenelle Redevelopment Plan proposes that the City of Omaha purchase the vacant
24.295 acre Logan Fontenelle Homes site from the Omaha Housing Authority. The Plan provides
for the development of a new business park and a residential subdivision and a renovated city park.
The purchase price of the property is$412,750. Funding will be paid from Community Development
Block Grant Funds.
Your favorable consideration of this Resolution is requested.
Sincerely, Referred to City Council for Consideration:
ir•3=9a /// f
Robert C. Peters Date Mayor's Office/Title Date
Acting Planning Director
Approved as to Funding:
Louis A. D'Ercole Date
Finance Director
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OFFER OF SALE OF LAND
1. In consideration of the sum of One Dollar ($1.00) and other valuable consideration in hand
paid, the receipt whereof is hereby acknowledged,the undersigned (hereinafter called the "seller"),
being the owner thereof, hereby offers and agrees upon the terms and conditions hereinafter stated,
to sell to the City of Omaha (hereinafter called the "City"), the property lying and being in the
County of Douglas, State of Nebraska, together with all buildings and improvements thereon, as
more particularly described below:
See Attached Exhibit"A"
2. The purchase price shall be as follows:
Four Hundred Twelve Thousand Seven Hundred Fifty and NO/100 Dollars ($412,750.00)
It is expressly understood that the City is entitled to immediate possession of the property after
notice of City acceptance of seller's offer. Said notice will be delivered or mailed by ordinary mail
to seller by the City. As part of the consideration hereunder the City shall be entitled to immediate
possession of the entire tract of land herein described. Seller agrees that he will not sublet the
premises in the event that he vacates the same and that any changes in tenancy by seller must be
first approved by the City and that seller shall be liable for the payment of the rent until the
premises are delivered to the City free and clear of any tenants in possession.
3. The seller shall convey by Warranty Deed to the City of Omaha, a Municipal Corporation in
Douglas County, Nebraska, a valid title to the land satisfactory to the Attorney for the City, free
and clear of all mineral rights, easements, restrictions, leases, judgments, taxes, and assessments,
existing or inchoate, liens or encumbrances of any sort (subject, however, to the exceptions of
existing easements specifically set forth in Paragraph 1 hereof), at the date of payment by the City
of the purchase price, together with all buildings and improvements, hereditaments, and
appurtenances thereto belonging or in anywise appertaining and together will all his rights, title and
interest in and to any streets, roads, avenues, alleys, alley-ways and rights of way, abutting or in
anywise appertaining to the land herein described. Said real estate (and any personal property
contracted for), as of date of this Offer, and in its present condition will be preserved and delivered
intact at the time possession is given, except as modified in writing by this Officer. Except,
however,in case of loss or destruction of part or all of said premises from causes covered by the
insurance thereon, the City agrees to accept such insurance recovery (proceeds to be applied as the
interests of the parties appear) in lieu of that part of the damaged or destroyed improvements and
sellers shall not be required to repair or replace same. The City shall thereupon complete the
contract and accept the property.
4. The seller shall pay all Special Assessments which are not spread on the books of the
Douglas County Treasurer whether the installments are due or not, and shall pay all Preliminary
Special Assessments which have been approved by fmal hearing of the City Council of Omaha,
Nebraska, and certified to the Treasurer of Douglas County,Nebraska.
5. Time is of the essence in this Agreement.
6. The contract shall apply to and bind the heirs, executors, administrators, assigns and
successors in interest of the respective parties.
7. Words and phrases herein, including any acknowledgment hereof shall be construed as in
the singular or plural number, and as masculine, feminine or neuter gender, according to the
context.
Offer of sale of Land
Page-2-
8. Payment of the purchase price specified in Paragraph 2 (but without any interest thereon)
shall be made upon conveyance to the City of title to the land and approval thereof by the Attorney
for the City, and shall be full and just compensation for all obligations of the City hereunder and all
claims which the seller may have or assert by reason of the possession or occupancy of the land by
the City, whether acquisition be by direct purchase or through condemnation proceedings as
provided in Paragraph 9 hereof.
9. In the event that the City considers it necessary or advantageous to its interests to have the
land acquired through condemnation proceedings, the seller agrees that the price stated in
Paragraph 2 which he hereby declares to be the fair market value of the Land inclusive of every
interest therein not expressly excepted in Paragraph 1 hereof, shall be in full and just compensation
payable by the City for the taking of the land, and that any and all awards of just compensation to
any and all other parties shall be payable and deductible from said sum. The seller further agrees in
the event of the institution of condemnation proceedings that this Offer and the acceptance thereof
shall constitute and be a stipulation which may be filed in such condemnation proceedings fixing
the fair market value and just compensation to be paid for the taking thereof in the amount of the
contract price herein set forth.
10. This Offer shall remain in force for a period of sixty days and thereafter until sixty days
from the receipt by the City at 1819 Famam Street, Suite 1111, Omaha, Nebraska, or notice in
writing from the seller of termination of the Offer. Until terminated, this Offer shall be binding
upon the seller and his or her heirs, executors, administrators, successors, or assigns.
11. The seller will pay One Hundred (100%) percent of real estate taxes due and owing for the
current year to date of closing.
12. All personal property that integrally belongs to or is part of said real estate, whether
attached or detached, shall be considered a part of real estate and included in this sale.
13. This Offer may be accepted by delivery or by deposit in the Post Office with prepaid
postage of a letter addressed to the seller at the address set forth herein, communicating to sellers
an acceptance of this Offer by the City.
14. Special Provisions:
The site will be developed substantially in conformance with the Logan Fontenelle
Redevelopment Plan as amended and approved by the Omaha City Council on May 5, 1998
by Resolution No. 1152.
ec ted att Omah19a,Do glas County, Nebraska,this /9 day of
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ATTEST: CITY OF OMAHA
CITY CL OF THE CI' OF OMAHA 0 E CITY OF OMAHA
f
Offer of sale of Land
Page-3-
Executed at Omaha D uglas County, Nebraska,this I day of
`- (gcar't y0 /_ 194
A TEST: HOUSING AUTHORITY OF THE CITY
OF 0 , a Body Politic and Corporate
in the S f Nebraska
CORPORATE ACKNOWLEDGMENT
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On this t. y of �r'G►� = —f„ , 19 92 - ore me, - nd-rsi: -ed, a
NotaryPublic in and for said C&Int , personally .�o ��1,�_,�. — ,�J, ,
Y
Chairman of the Housing Authority of the City of Om ;, f Politic and CO orate in the
State of Nebraska, also known as Omaha Housing Authority, to me personally I own to be the
Chairman of said Corporation and the identical person whose name is affixed to the foregoing
Offer of Sale of Land, and acknowledged the execution thereof to be the respective voluntary act
and deed as such officer 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 in said County the day and year last above written.
GENERAL olow► wo PUBLIC
X. BONNIE J.KEU.Y
•MY COMMISSION EXPIRES — Comm.Epp.Aug 18,2002
APPROVED AS TO FORM:
ASSIS C TTO Y
Exhibit "A"
The West 82 feet of Lot 1, and Lots 2 through 10, Block 18, Lots 1
through 10, Block 19, and Lots 1 through 10, Block 20, all in E.V.
Smith's Addition, an addition to the City of Omaha, as surveyed,
platted and recorded in Douglas County, Nebraska; and together with
the vacated 21st Street adjoining all of Blocks 18 and 19, E. V.
Smiths Addition; 'together with all of vacated alleys in Block 18,
19 and 20 and all of vacated alley in Lot 9, Block 19, E. V.
Smith's Addition.
AND
Sub Lots 4, 5, 6, 7 and the West 52 feet of Sub Lot 8, the East 6
feet of Sub Lot 9 and all Sub Lot 10 all in Tax Lot 32, in the
Northwest 1/4 of Section 15, Township 15, Range 13 East of the 6th
P.H. , together with that part of vacated Sewerd street adjoining
Sub Lots 4, 5, 6, 7 and West 52 feet of Sub Lot 8 all in Tax Lot
32, described -as the North 1/2 of vacated Seward Street adjoining
on the South.
AND
The East 35 feet of Lot 1, the East 47.25 feet of Lot 2, Lots 3
• through 8 and Lots 13 through 18 and the East 47.25 feet of Lots 19
and 20 all in Godfrey's Addition, an addition to the City of Omaha,
ae surveyed, platted and recorded in Douglas County, Nebraska,
Together with that part of vacated Seward Street adjoining Lota 13
through 10 and the East 47.25 feet of Lot 20, Godfrey's Addition
described as the South 1/2 of vacated Seward Street adjoining on
the North; together with that part of vacated 22nd Street adjoining
Lots 8 and 13, Godfrey's Addition described as the West 1/2 of
vacated 22nd Street adjoining on the East; and together with all of
the vacated alley adjoining Lots 3 through 8 and Lot 13 through 18,
Godfrey's Addition.
AHD
Lot 33 through 40, Porter's Addition, an addition to the City of
Omaha, as surveyed, platted and recorded in Douglas County,
Nebraska.
AND
Lots .1, 2, 3, and 4, Block 2, In Horbach's Third Addition to the
City of Omaha, as surveyed, platted and recorded in Douglas County,
Nebraska.
AND
That part of Sub Lot 5 Tax Lot 36 in Section 15, Township 15 North,
Range 13 East of the 6th P.M. , lying North of Paul Street, in the
City of Omaha, Douglas County, Nebraska, and more particularly
described as follows: Commencing at the Northeast corner of Lot 4,
in Block 2 in Horbach's Third Addition to the City of Omaha,
Douglas County, Nebraska, as surveyed, platted and recorded, said
point being in the South line of Lot 40 in Porter's Addition to
said City of Omaha, as surveyed, platted and recorded and running
thence East along the South line of said Porter's Addition 422
feet, more or less to the West line of 22nd Street, thence South
along the West line of 22nd Street 233 feet more or leas to the
North line of Paul Street, thence West along the North line of Paul
Street 422 feet more or less to the East line of Lot 1, in Block 2,
in said Iorbach's Third Addition, as surveyed, platted and
recorded, thence North along the East line of Horbach's Third
Addition, 233.7 feet more or less to the Place of Beginning;
together with 1/2 vacated Paul Street adjoining Sub Lot 5, Tax Lot
36 on the South as described in Ordinance 125256 at Miscellaneous
Book 481, Page 195.
AND
Lots 1 through 16, Block 8, and Lots 1 Through 12, Block 9, all in
Horbach's Second Addition Extended, an addition to the City of
Omaha, as surveyed, platted and recorded in Douglas County,
Nebraska, together with vacated 21st Street adjoining all Block 8
and 9, Horbach's Second Addition extended, described as The East
1/2 of vacated 21st Street adjoining on the West; and all of
vacated Charles Street lying between Blocks 8 and 9 Horbach's
Second Addition extended; and together with all vacated alley's in
Blocks 8 and 9, Horbach's Second Addition Extended.
AND
Sub Lot 2, of Tax Lot 36, in Section 15, Township 15 North, Range
13 East of the 6th P.M. , in the City of Omaha, Douglas County,
Nebraska, more particularly described as follows: Beginning at the
Northeast corner of Lot 1, Block 172 1/2 in the City of Omaha,
which point is 659 feet North and 882 feet East of the Southwest
corner of the Northwest Quarter of Section 15, thence Running East
on a continuation of the North line of Block 172 1/2 , a distance
• of 52 feet, more or less to the West line of 21st Street; thence
South along the West line of 21st street 233.9 feet; thence West 50
feet more or less to the East line of Lot 8 in said Block 172 1/2;
thence North along the East line of Lots 8 and 1 in Block 172 1/2,
233.9 feet more or less to beginning. Also contained within said
description is the vacated alley adjoining; and together with the
West 1/2 of vacated 21st Street adjoining on the East.
AND
Lots 1, 2, 3, 4., 5, 6, 7, and 8, Block 172 1/2 in the Original City
of Omaha, as surveyed, platted and recorded in Douglas County,
Nebraska, together with all of vacated alley adjoining said Lots in
Block 172 1/2; and together with that part of vacated Paul Street
adjoining Lot '5, Block 172 1/2, Original City of Omaha, described
as the North 1/2 of vacated Paul Street adjoining on the South; and
except that part of Lots 5 ,6, 7 and 8, Block .172 1/2, Original
City of Omaha Taken by the city of Omaha for Paul Street.
•
AND
North 132 feet of Sub Lot 4 Tax Lot 36 in Section 15, Township 15
North, Range 13 East of the 6th P.M. , In the City of Omaha, Douglas
County, Nebraska, more particularly described as follows:
Beginning at the Northwest corner of Block 172 1/2 in the City of
Omaha, Douglas County, Nebraska, and running thence West 21 feet,
more or less, on a continuation of the North line of said Block 172
1/2 to the East line of 22nd Street; thence South along the East
line of 22nd Street 132 feet more or less to the North line of the
alley in Block 172 1/2 extended West; thence East 21 feet, more or
less, to the Southwest corner of Lot 4 in said Block 172 1/2;
thence North along the West line of said Lot 4, Block 172 1/2, to
its Northwest corner which is the place of beginning, together with
the North 1/2- of vacated alley adjoining on the South.
AND
The South 85.5 feet of Sub Lot 4 Tax Lot 36 in Section 15, Township
15 North, Range 13 East of the 6th P.M., in the city of Omaha,
Douglas County, Nebraska, more particularly described as follows:
beginning at the Northwest corner of Lot 5, Block 172 1/2 in the
City of Omaha, Douglas County, Nebraska, and running thence West 21
feet more or less, on a continuation of the North line of said Lot
5, Block 172 1/2 in the City of Omaha to the East line of 22nd
Street; thence South along the East line of 22nd Street 85.9 feet
more or less to the North line of vacated Paul Street; thence East
21 feet more or less, to the Southwest corner of Lot 5 in said
Block 172 1/2; thence North along the West line of Lot 5, Block 172
1/2, to its Northwest corner which is the place of beginning;
together with the South 1/2 of vacated alley adjoining on the
North, and together with the North 1/2 of vacated Paul Street
adjoining on the South.
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr 19
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the City of Omaha annually receives Community Development Block
Grant funds under Title I of the Housing and Community Development Act of 1974, as amended,
for the purpose of benefiting low and moderate income residents,eliminating slums and blight, and
for other urgent community development needs; and,
WHEREAS,the City Council approved the Logan Fontenelle Redevelopment Plan
for the area generally bound by Clark Street,20th Street,Paul Street and 24th Street on May 5 1998,
by Resolution No. 1152; and,
WHEREAS,the Logan Fontenelle Redevelopment Plan calls for the acquisition of
property, site preparation, public improvements and the construction of new housing units and
business facilities; and,
WHEREAS,the Omaha Housing Authority has agreed to sell the 24.295 acre Logan
Fontenelle Homes site to the City of Omaha for the Logan Fontenelle Redevelopment Plan.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,the Mayor is hereby authorized to execute, and the City Clerk to attest, the
attached Offer of Sale of Land with the Housing Authority of the City of Omaha, a Body Politic and
Corporate in the State of Nebraska,also known as Omaha Housing Authority, 540 South 27th Street,
Omaha, NE 68105 in the amount of$412,750.00; including any other documents necessary or
appropriate to purchase the former Logan Fontenelle Homes property within an area bounded by
Clark Street, 20th Street, Paul Street and 24th Street. Funds shall be payable from Community
Development Block Grant Fund No. 193, Organization No. 8330.
APPROVED AS TO FORM:
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ZISTCITI TTO EY DATE
By.. ./t/sit4,
14/16 .,
Councilmember
Adopted NOV 1998
Approved
Mayor
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