RES 2012-1450 - Subdivision agmt, Northern HIlls Business Park ��10. 4 ` . �.._ C E E 1) Public Works Department
"► P, Omaha/Douglas Civic Center
2 j „^ 12 O C T 19 r io: 1819 Farnam Street,Suite 601
® •1 �' '� October 30, 2012 �' Omaha,Nebraska 68183-0601
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ti0oq gyro (402)444-5220
epPD pEaRur CITY 'CLERK Fax(402)444-5248
City of Omaha O M A H A, NE C R A S K A Robert G.Stubbe,P.E.
Jim Suttle,Mayor Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement between Keith B. Edquist, and the
City of Omaha. This Subdivision Agreement covers the public improvement of Northern Hills
Business Park(Lots 1-9), a subdivision located Northeast of 72nd Street and Bennington Road.
This Subdivision Agreement provides for the payment of Watershed Management fees of
$47,468.00,to be paid by the Subdivider with the building permit.
The Agreement stipulates that the subdivider,and its successors and assigns,agree to pay a pro-rata
share of future improvements of 72nd St.,including sidewalk improvements and the widening of 72nd
to three lanes.
The Public Works Department requests your consideration and approval of the attached Resolution
and Subdivision Agreement.
Respectfully submitted, This action has been reviewed and found to be
in conformance with the,Master Plan. ' 4
Rk Ro ert S�P.E. Date • . Cunningam, ; F S E Date
Public Works Director Planning Director
Approved as to Funding: Refe to City Council for Consideration:
Pam Spaccarotella Date Mayor's ffi e Date
Finance Director
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APPROVED AS TO FORM:
DEPUTY CITY ATTORNEY DATE
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Project No. MAPA-28(110) EXHIBIT "D"
Control No. 22537 Sheet 6 of 7
Harney St Corridor Feasibility Study
Template Dated 3-30-12
Sheet 5 of 7
Harney St Corridor Feasibility Study
Template Dated 3-30-12
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Project No.MAPA-28(110) Exhibit"B"
Control No.22537 Page 13 of 13
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Project No.MAPA-28(110) Exhibit"B"
Control No.22537 Page 11 of 13
Harney St Corridor Feasibility Study ' ,
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• SUBDIVISION AGREEMENT
NORTHERN HILLS BUSINESS PARK (Lots 1-9)
This Subdivision Agreement, made this 17th day of February, 2012 by and between
KEITH B. EDQUIST, (hereinafter referred to as "SUBDIVIDER"), and the CITY OF OMAHA
(hereinafter referred to as "CITY").
WHEREAS, Subdivider is the owner of the land included within the proposed plat
attached hereto as Exhibit "A", which parcel of land (hereinafter referred to as the "Area to be
Developed") is outside the corporate limits of the City and but within the City's zoning and
platting jurisdiction; and,
WHEREAS, the Area to be Developed is a subdivision of land adjacent to existing
buildings utilized for support services for the North Omaha Airport and no new public
improvements are required to be constructed by the Subdivider; and,
WHEREAS, the Subdivider will not currently construct a system of sanitary sewers or
connect to the sewer system of the City of Omaha, at such time sewer service is available,
connections may be made to the properties subject to obtaining the proper permits and paying
the regular fees, including the Interceptor Sewer Fee; and,
WHEREAS, the Subdivider and City desire to agree on issues related to right-of-way,
use of the Area to be Developed, sidewalks and the method for the installation and allocation of
expenses for future public improvements that may be constructed in 72"d Street,
NOW, THEREFORE, in consideration of the above the following is agreed between the
parties hereto:
1. Additional Right-of-way dedication on 72"d Street. City desires 17' of additional right-of-way
dedication on the east side of 72nd Street to provide fifty feet of right-of-way east of the
section line which is approximately the centerline of 72nd Street. The additional right-of-way
has been so dedicated on the final plat, Exhibit "A". Due to the presence of existing on-site
wastewater treatment systems, access drives, parking areas and aircraft wing overhand
along existing taxiways subdivider will submit "Right-of-Way Encroachment Permits" for
these existing uses for each lot for administrative approval by the City of Omaha, the
approval of said permits shall not be unreasonably withheld.
2. On-Site Wastewater Treatment Facilities. Existing buildings within the Area to Be
Developed have on-site wastewater treatment facilities(septic systems) portions of which
are located in right-of-way to be dedicated. Subdivider desires to continue to use the on-
site wastewater facilities and relocation of said facilities is not required. Subdivider, his
successor and assigns, agrees to hold the City and Douglas County harmless for any
damage caused to the on-site wastewater treatment systems by improvements made to
72"d Street.
3. Improvement of 72nd Street to Three Lanes. It is acknowledged by the parties hereto that,
at some future date, 72nd Street will be widened to a three-lane section with grading to
accommodate a five-lane section, per City of Omaha and Douglas County design
standards. It is acknowledged and agreed that at that time, each of Northern Hills Business
Park Lots 1 — 9 (and any future lots consisting of any portion of Lots 1 —9) will be assessed
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Project No.MAPA-28(110) Exhibit"B"
Control No.22537 Page 13 of 13
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Project No.MAPA-28(110) Exhibit"B"
Control No.22537 Page 11 of 13
Harney St Corridor Feasibility Study ' ,
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for 50 % of the total cost of the improvements along its 72nd St. frontage.pro rata. The
Subdivider, for itself, its successors and assigns, agrees to this assessment, and waives the
right of protest. This agreement as to future assessment and waiver runs with the land that
is subject to this subdivision agreement. The parties hereto further agree that these terms
will be incorporated in each subsequent agreement made by the Subdivider for the sale of
land that is subject to this subdivision agreement.
4. Sidewalk along the East side of 72nd Street. The Subdivider agrees to participate in the pro-
rata share of sidewalk costs along 72nd Street in the event that future development occurs
on the west side of 72nd Street and the installation of sidewalks along 72nd Street is required
for the development approval.
5. The Subdivider agrees to grade the subdivision so that the elevation at the property line
adjacent to 72nd Street shall meet the proposed grade established by the Douglas County
Engineer for a five-lane section road. Sections shall be submitted to the Douglas County
Engineer and elevations certified by E&A Consulting Group prior to recording the final plat.
If the grading has not been completed by the time the Subdivider wished to record the plat,
the Subdivider may submit a certified check or other suitable financial guarantee to the City
to ensure the completion of the grading within a suitable amount of time.
6. The Area to Be Developed will include no grading or additional improvements and therefore
Post-construction stormwater management requirements are not applicable However, in
the event of new construction or a change in land use Post-construction stormwater
management features and related appurtenances constructed in right-of-way and outlots,
per plat (Exhibit "A"), plans and specifications for said stormwater management
improvements to be approved by City prior to starting construction of said improvements:
For new construction, post-construction stormwater management plans shall be prepared
and approved by the City.
7. The owner of each lot shall make payment to the City of Omaha for Watershed
Management Fees. This fee is computed as follows for the lots shown on the plat (Exhibit
"A"). Payment shall be made to the City Permits and Inspections Division prior to receiving
a building permit to construct improvements on any lot. Payment shall be based on the
current fee adopted by the Omaha City Council and is currently as follows:
Lots 1-9, AV-ED, 11.867 Total Acres at $4,000/Ac. $47,468.00
In the event of the platting of additional lots, this Agreement shall be amended by the
parties to provide payment of the current fee for the additional lots before any building
permits are issued by the City.
8. Binding effect. The Subdivision Agreement shall be binding upon the parties, their
respective successors, and assigns.
hat,
at some future date, 72nd Street will be widened to a three-lane section with grading to
accommodate a five-lane section, per City of Omaha and Douglas County design
standards. It is acknowledged and agreed that at that time, each of Northern Hills Business
Park Lots 1 — 9 (and any future lots consisting of any portion of Lots 1 —9) will be assessed
m t Nen
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Project No.MAPA-28(110) Exhibit"B"
Control No.22537 Page 13 of 13
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Project No.MAPA-28(110) Exhibit"B"
Control No.22537 Page 11 of 13
Harney St Corridor Feasibility Study ' ,
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. IN WITNESS WHEREOF, we the executing parties, by our respective duly authorized agents,
hereby enter into this Agreement, effective on the day and year first above written.
ATTEST: CITY OF OMAHA
f4//4 . ,/?
CI Y CLERK Da A • Date
B. EDQUIST Date
APPROVED AST FORM
3 .(-/L
ASSISTANT CITY ATTORNEY DATE
1
STATE OF NEBRASKA )
)SS
. COUNTY OF DOUGLAS )
On this 3 44h day of...o , 2017, before me, a Notary Public in and for said County and State,
personally appeared KEITH B. EDQUIST, who executed the above and foregoing easement
acknowledged the execution thereof to be his voluntary act and deed.
•
NOTARY PUBLIC
My Commission expires A...1 1 w Lb r Z.8 ' .
GENERAL NOTARY-State of Nebraska
LAWRENCE D.EN�Nb
:i;i..,,,,,. My Comm.E�cp.August
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neer for a five-lane section road. Sections shall be submitted to the Douglas County
Engineer and elevations certified by E&A Consulting Group prior to recording the final plat.
If the grading has not been completed by the time the Subdivider wished to record the plat,
the Subdivider may submit a certified check or other suitable financial guarantee to the City
to ensure the completion of the grading within a suitable amount of time.
6. The Area to Be Developed will include no grading or additional improvements and therefore
Post-construction stormwater management requirements are not applicable However, in
the event of new construction or a change in land use Post-construction stormwater
management features and related appurtenances constructed in right-of-way and outlots,
per plat (Exhibit "A"), plans and specifications for said stormwater management
improvements to be approved by City prior to starting construction of said improvements:
For new construction, post-construction stormwater management plans shall be prepared
and approved by the City.
7. The owner of each lot shall make payment to the City of Omaha for Watershed
Management Fees. This fee is computed as follows for the lots shown on the plat (Exhibit
"A"). Payment shall be made to the City Permits and Inspections Division prior to receiving
a building permit to construct improvements on any lot. Payment shall be based on the
current fee adopted by the Omaha City Council and is currently as follows:
Lots 1-9, AV-ED, 11.867 Total Acres at $4,000/Ac. $47,468.00
In the event of the platting of additional lots, this Agreement shall be amended by the
parties to provide payment of the current fee for the additional lots before any building
permits are issued by the City.
8. Binding effect. The Subdivision Agreement shall be binding upon the parties, their
respective successors, and assigns.
hat,
at some future date, 72nd Street will be widened to a three-lane section with grading to
accommodate a five-lane section, per City of Omaha and Douglas County design
standards. It is acknowledged and agreed that at that time, each of Northern Hills Business
Park Lots 1 — 9 (and any future lots consisting of any portion of Lots 1 —9) will be assessed
m t Nen
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Project No.MAPA-28(110) Exhibit"B"
Control No.22537 Page 13 of 13
Harney St Corridor Feasibility Study
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Project No.MAPA-28(110) Exhibit"B"
Control No.22537 Page 11 of 13
Harney St Corridor Feasibility Study ' ,
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7. The owner of each lot shall make payment to the City of Omaha for Watershed
Management Fees. This fee is computed as follows for the lots shown on the plat (Exhibit
"A"). Payment shall be made to the City Permits and Inspections Division prior to receiving
a building permit to construct improvements on any lot. Payment shall be based on the
current fee adopted by the Omaha City Council and is currently as follows:
Lots 1-9, AV-ED, 11.867 Total Acres at $4,000/Ac. $47,468.00
In the event of the platting of additional lots, this Agreement shall be amended by the
parties to provide payment of the current fee for the additional lots before any building
permits are issued by the City.
8. Binding effect. The Subdivision Agreement shall be binding upon the parties, their
respective successors, and assigns.
hat,
at some future date, 72nd Street will be widened to a three-lane section with grading to
accommodate a five-lane section, per City of Omaha and Douglas County design
standards. It is acknowledged and agreed that at that time, each of Northern Hills Business
Park Lots 1 — 9 (and any future lots consisting of any portion of Lots 1 —9) will be assessed
m t Nen
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Project No.MAPA-28(110) Exhibit"B"
Control No.22537 Page 13 of 13
Harney St Corridor Feasibility Study
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Project No.MAPA-28(110) Exhibit"B"
Control No.22537 Page 11 of 13
Harney St Corridor Feasibility Study ' ,
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C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
,
WHEREAS, Keith B. Edquist proposes to build a subdivision to be known as Northern Hills
Business Park(Lots 1-9),which will be located Northeast of 72"d Street and Bennington Road;and,
WHEREAS Keith B. Edquist will build public and private improvements in this
subdivision; and,
WHEREAS, Keith B. Edquist agrees to pay Watershed Management fees of
$47,468.00,to be paid with the building permit; and,
WHEREAS,Keith B.Edquist,and all successors and assigns,agree to pay a pro-rata
share of future improvements of 72"d St.,including sidewalk improvements and the widening of 72"
to three lanes; and,
WHEREAS, a Subdivision Agreement has been prepared setting forth all the
provisions mentioned above.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,the Subdivision Agreement between the City of Omaha and Keith B.Edquist,
as recommended by the Mayor,providing for the Watershed Management fees,and a future pro-rata
contribution toward improvements to 72"d St.,is hereby approved. The Subdivision is to be known
as Northern Hills Business Park (Lots 1-9), which will be located Northeast of 72"d Street and
Bennington Road.
P:\msp\1256msp.doc APPROVED AS TO FORM:
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I Y ATTORNEY DATE
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be prepared
and approved by the City.
7. The owner of each lot shall make payment to the City of Omaha for Watershed
Management Fees. This fee is computed as follows for the lots shown on the plat (Exhibit
"A"). Payment shall be made to the City Permits and Inspections Division prior to receiving
a building permit to construct improvements on any lot. Payment shall be based on the
current fee adopted by the Omaha City Council and is currently as follows:
Lots 1-9, AV-ED, 11.867 Total Acres at $4,000/Ac. $47,468.00
In the event of the platting of additional lots, this Agreement shall be amended by the
parties to provide payment of the current fee for the additional lots before any building
permits are issued by the City.
8. Binding effect. The Subdivision Agreement shall be binding upon the parties, their
respective successors, and assigns.
hat,
at some future date, 72nd Street will be widened to a three-lane section with grading to
accommodate a five-lane section, per City of Omaha and Douglas County design
standards. It is acknowledged and agreed that at that time, each of Northern Hills Business
Park Lots 1 — 9 (and any future lots consisting of any portion of Lots 1 —9) will be assessed
m t Nen
. • • o N O fD t in g, o N A A A m
. • N m OI Et d u A
it It
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Project No.MAPA-28(110) Exhibit"B"
Control No.22537 Page 13 of 13
Harney St Corridor Feasibility Study
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Project No.MAPA-28(110) Exhibit"B"
Control No.22537 Page 11 of 13
Harney St Corridor Feasibility Study ' ,
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\ 0 R �' 0 ƒ \ ° 2
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Total $60,971.00
Please send a copy of this invoice with your payment.
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Project No. MAPA-28(110) EXHIBIT "D"
Control No. 22537 Sheet 7 of 7
Harney St Corridor Feasibility Study
Template Dated 3-30-12