ORD 41882 - Vacate alleys in Hillcrest Addition and Jones Street Addition ORDINANCE NO. )ZU
AN ORDINANCE vacating the east/west alley adjacent to Lots 2-9, Hillcrest Addition and the
north/south alley adjacent to Lot 6, Hillcrest Addition and Lot 2, Jones Street Addition as
well as the north/south alley adjacent to Lots 1, 2, 9 and 10 Hillcrest Addition (abutting
2210, 2230 2235 and 2236 Jones Street, 2235 St. Mary's Avenue and 603 and 613
South 24th Street), subdivisions, as surveyed, platted and recorded in Douglas County;
and providing the effective date hereof.
WHEREAS, Neb. Rev. Stat. Section 14-375 provides that the City Council may vacate a street
or alley without petition upon City Planning Board recommendation; and,
WHEREAS, the Statute further provides that a Committee of Appraisers be appointed to
appraise damages, if any, to property affected by the vacation; and, •
WHEREAS, Resolution No. 781 adopted June 13, 2017, appointed Chris Jerram, Aimee Melton,
and Vinny Palermo members of the City Council, to assess damages to all property
affected by the vacation; and,
WHEREAS, on May 14, 2019, the Committee of Appraisers held a meeting immediately
following the 10:30 a.m. staff meeting in the City Council Conference Room,
Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska, at which meeting
no cause for any damages was found as a result of the vacation; and,
WHEREAS, the City Council finds there are no damages as a result of this vacation, and that
such vacation should be approved; and,
WHEREAS, Fair Market Value has been received for the conveyance of the right-of-way to be
vacated.
ORDINANCE NO. j gc
\
PAGE 2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That the east/west alley adjacent to Lots 2-9, Hillcrest Addition and the
north/south alley adjacent to Lot 6, Hillcrest Addition and Lot 2, Jones Street Addition as well as
the north/south alley adjacent to Lots 1, 2, 9 and 10 Hillcrest Addition (abutting 2210, 2230 2235
and 2236 Jones Street, 2235 St. Mary's Avenue and 603 and 613 South 24th Street),
subdivisions, as surveyed, platted and recorded in Douglas County;
be, and hereby is, vacated and without further act of the City, title to the vacated right-of-
way shall pass to the abutting owner of said property thereof; the vacating of the
property herein described, and the reversion thereof, pursuant to applicable law, shall be
subject to the conditions and limitation that there is reserved to the City of Omaha the
right to maintain, operate, repair and renew sewers now existing therein and in the future
to construct, maintain, repair and renew additional or other sewers; and also the right to
authorize the public utilities and cable television systems to construct, maintain, repair or
renew and operate now or hereafter installed water mains and gas mains, pole lines,
conduits, electrical transmission lines, sound and signal transmission lines and other
similar services and equipment and appurtenances above, on and below the surface of
the ground for the purpose of serving the general public or abutting property; and the
right so reserved shall also include such lateral connection or branch lines as may be
ordered, desired or permitted by the City or such other utility and to enter upon the
premises to accomplish the above purposes at any and all times. No buildings,
improvements, or other structures shall be placed in, on, over, or across said vacated
right-of-way without express written approval of the City. All vegetation upon the .
premises, including but not limited to, trees, bushes, and crops, and all structures upon
the premises, including but not limited to, buildings, walls, fences, drives and walks, may
be damaged or removed as necessary in the exercise of the rights herein reserved
without compensation to any person.
Section 2. That this Ordinance shall be in full force and take effect fifteen (15) days from
and after the date of its passage.
ORDINANCE NO. LH gg
PAGE 3
INTRODUCED BY COUNCILMEMBER
o1,' APPROVED BY:
MAYOR OF THE CITY OF OMAHA DATE
PASSED JUL 16 2019 LO
ATTEST:
71194
CITY CLERK DATE
OF THE CITY OF OMAHA
APPROVED AS TO FORM:
_e 5512. /Dl
1T15`ATTORNEY DATE
1004jet