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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