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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 o'er-r� :;:�: 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 $47,468.00,to be paid by the Subdivider with the building permit. The Agreement stipulates that the subdivider,and its successors and assigns,agree to pay a pro-rata share of future improvements of 72nd St.,including sidewalk improvements and the widening of 72nd to three lanes. The Public Works Department requests your consideration and approval of the attached Resolution and Subdivision Agreement. Respectfully submitted, This action has been reviewed and found to be in conformance with the,Master Plan. ' 4 Rk Ro ert S�P.E. Date • . Cunningam, ; F S E Date Public Works Director Planning Director Approved as to Funding: Refe to City Council for Consideration: Pam Spaccarotella Date Mayor's ffi e Date Finance Director P:\msp\1255msp.doc b IllifIr III ''' - : 43dall - 11 • I i 1 I I I i P I b 1 1 ,: .- -;-.; •• - q Mill • 1 II All 1 . 1 I ` - ! { EE • Ili I - N ,O N fD N. W O)N iS'7SL4'S • z� .. I7S'PeZ4'S • . ent on behalf of the City of Omaha. 1585htp APPROVED AS TO FORM: DEPUTY CITY ATTORNEY DATE • ByQ... ...:... // .. . ... Ce ilmember Adopted r 212 D ity Clerk M417 ,2 Approved Mayor ayments. Project No. MAPA-28(110) EXHIBIT "D" Control No. 22537 Sheet 6 of 7 Harney St Corridor Feasibility Study Template Dated 3-30-12 Sheet 5 of 7 Harney St Corridor Feasibility Study Template Dated 3-30-12 N yr O 0 o DZ v. m • g A C N o' 4 r T c O N r c o 3 g z N X) J N o O 3• O p m o m t Nen . • • o N O fD t in g, o N A A A m . • N m OI Et d u A it It N T W -J M m W N V CA IV 3 o o G a p + N m g P�O • 0 or - 0 y . 9 o N MM LI$ ,mni V s..yQnI p� N A k �j 0 N A A A 0 0 O a O pN q4A�A J OJ V O O J O V Project No.MAPA-28(110) Exhibit"B" Control No.22537 Page 13 of 13 Harney St Corridor Feasibility Study o ' rp fa 11a a s 1 • INN i a + + -• t + as co 0 W COW CON N N A p N N m 1 • 11 N N a a CO A I + + 1 CO a a 0 0 M I < II 4 ) i o I o I N 0, A + N I o o m ! I 1 - I 1 A a 0 m o CO m a 0 I I 0 41 1 11 N + + — + N m A m N m + N A N V N m O V P y N N A o O A +O + N a A O N I J 1 • Project No.MAPA-28(110) Exhibit"B" Control No.22537 Page 11 of 13 Harney St Corridor Feasibility Study ' , • • I . 4 S • • 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 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 N T W -J M m W N V CA IV 3 o o G a p + N m g P�O • 0 or - 0 y . 9 o N MM LI$ ,mni V s..yQnI p� N A k �j 0 N A A A 0 0 O a O pN q4A�A J OJ V O O J O V Project No.MAPA-28(110) Exhibit"B" Control No.22537 Page 13 of 13 Harney St Corridor Feasibility Study o ' rp fa 11a a s 1 • INN i a + + -• t + as co 0 W COW CON N N A p N N m 1 • 11 N N a a CO A I + + 1 CO a a 0 0 M I < II 4 ) i o I o I N 0, A + N I o o m ! I 1 - I 1 A a 0 m o CO m a 0 I I 0 41 1 11 N + + — + N m A m N m + N A N V N m O V P y N N A o O A +O + N a A O N I J 1 • Project No.MAPA-28(110) Exhibit"B" Control No.22537 Page 11 of 13 Harney St Corridor Feasibility Study ' , • • I . 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. $47,468.00 In the event of the platting of additional lots, this Agreement shall be amended by the parties to provide payment of the current fee for the additional lots before any building permits are issued by the City. 8. Binding effect. The Subdivision Agreement shall be binding upon the parties, their respective successors, and assigns. hat, at some future date, 72nd Street will be widened to a three-lane section with grading to accommodate a five-lane section, per City of Omaha and Douglas County design standards. It is acknowledged and agreed that at that time, each of Northern Hills Business Park Lots 1 — 9 (and any future lots consisting of any portion of Lots 1 —9) will be assessed m t Nen . • • o N O fD t in g, o N A A A m . • N m OI Et d u A it It N T W -J M m W N V CA IV 3 o o G a p + N m g P�O • 0 or - 0 y . 9 o N MM LI$ ,mni V s..yQnI p� N A k �j 0 N A A A 0 0 O a O pN q4A�A J OJ V O O J O V Project No.MAPA-28(110) Exhibit"B" Control No.22537 Page 13 of 13 Harney St Corridor Feasibility Study o ' rp fa 11a a s 1 • INN i a + + -• t + as co 0 W COW CON N N A p N N m 1 • 11 N N a a CO A I + + 1 CO a a 0 0 M I < II 4 ) i o I o I N 0, A + N I o o m ! I 1 - I 1 A a 0 m o CO m a 0 I I 0 41 1 11 N + + — + N m A m N m + N A N V N m O V P y N N A o O A +O + N a A O N I J 1 • Project No.MAPA-28(110) Exhibit"B" Control No.22537 Page 11 of 13 Harney St Corridor Feasibility Study ' , • • I . . i r . 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 g 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. $47,468.00 In the event of the platting of additional lots, this Agreement shall be amended by the parties to provide payment of the current fee for the additional lots before any building permits are issued by the City. 8. Binding effect. The Subdivision Agreement shall be binding upon the parties, their respective successors, and assigns. hat, at some future date, 72nd Street will be widened to a three-lane section with grading to accommodate a five-lane section, per City of Omaha and Douglas County design standards. It is acknowledged and agreed that at that time, each of Northern Hills Business Park Lots 1 — 9 (and any future lots consisting of any portion of Lots 1 —9) will be assessed m t Nen . • • o N O fD t in g, o N A A A m . • N m OI Et d u A it It N T W -J M m W N V CA IV 3 o o G a p + N m g P�O • 0 or - 0 y . 9 o N MM LI$ ,mni V s..yQnI p� N A k �j 0 N A A A 0 0 O a O pN q4A�A J OJ V O O J O V Project No.MAPA-28(110) Exhibit"B" Control No.22537 Page 13 of 13 Harney St Corridor Feasibility Study o ' rp fa 11a a s 1 • INN i a + + -• t + as co 0 W COW CON N N A p N N m 1 • 11 N N a a CO A I + + 1 CO a a 0 0 M I < II 4 ) i o I o I N 0, A + N I o o m ! I 1 - I 1 A a 0 m o CO m a 0 I I 0 41 1 11 N + + — + N m A m N m + N A N V N m O V P y N N A o O A +O + N a A O N I J 1 • Project No.MAPA-28(110) Exhibit"B" Control No.22537 Page 11 of 13 Harney St Corridor Feasibility Study ' , • • I . 1Vld lVNld '� -.5301/1035 O131J a`JNINNVld a DNIN33NIDN3 Vd SS3 sne ST2H NEI-U.10N 'ONI'df1O21O JNP1lf1SNOO V83 • "a : W _ „ gaf� s1 hill Y icq«-" G q 1 E 0 g cod>& d d €wyd lie �,E,w"s< g ilt .6 ut p¢a� s> ;st ; t 43.Wa�Z ..ow 0 of ; I 1 I isli§ g i€ a= g 1 a AE lx' 3mRV6a t:g11z o I I s-„'" m tt 1 aro� �61 6 §< g� 3' AA W - i .i Iwo _ - ogli W. { 1 ,- 1W =o¢55oORON 1,1"WEIo II 1 I Y gg 9 0 04 s 10P _ $I oW I I o N igg.1:1;g uw 1.0itwo4yr.w6 Firm EIPq i tl la goLL I � � a i` i sls � E""4TZ � l Iff 35 i, 1 6 Eli F �== m5EmoLL m MmE a EN . I I E e i • i 3 I I N.I N z N 6"dW • E `�� tl -0 s 3 0 I I 1 l go a 1 li II +a, if qg gg i I i .{ G 5 y • \ I R -1 - . 5g 5 g.g ': s o I 1 1 II " ` I gg II I 1 5 yp1 H F, F, g y 9 8 O i -3 I E i i d1- 1 • Rill -- 1 s 8 Q� �� $ 5� > 1�€ �S �SpSp gm `1g L_IZ,,,erm., i - 5 1 3 s`os"rs"ssoa E � � Up a gg a e' :: a m o :140;_g h_ 12 ilg 4 .g 5 0 of w g w iR wm o<i¢g ? a gg o EN II ci i' hI ; Ih [ it g !s g t1I s x g 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. $47,468.00 In the event of the platting of additional lots, this Agreement shall be amended by the parties to provide payment of the current fee for the additional lots before any building permits are issued by the City. 8. Binding effect. The Subdivision Agreement shall be binding upon the parties, their respective successors, and assigns. hat, at some future date, 72nd Street will be widened to a three-lane section with grading to accommodate a five-lane section, per City of Omaha and Douglas County design standards. It is acknowledged and agreed that at that time, each of Northern Hills Business Park Lots 1 — 9 (and any future lots consisting of any portion of Lots 1 —9) will be assessed m t Nen . • • o N O fD t in g, o N A A A m . • N m OI Et d u A it It N T W -J M m W N V CA IV 3 o o G a p + N m g P�O • 0 or - 0 y . 9 o N MM LI$ ,mni V s..yQnI p� N A k �j 0 N A A A 0 0 O a O pN q4A�A J OJ V O O J O V Project No.MAPA-28(110) Exhibit"B" Control No.22537 Page 13 of 13 Harney St Corridor Feasibility Study o ' rp fa 11a a s 1 • INN i a + + -• t + as co 0 W COW CON N N A p N N m 1 • 11 N N a a CO A I + + 1 CO a a 0 0 M I < II 4 ) i o I o I N 0, A + N I o o m ! I 1 - I 1 A a 0 m o CO m a 0 I I 0 41 1 11 N + + — + N m A m N m + N A N V N m O V P y N N A o O A +O + N a A O N I J 1 • Project No.MAPA-28(110) Exhibit"B" Control No.22537 Page 11 of 13 Harney St Corridor Feasibility Study ' , • • I . 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: ,%f_ 3 fl--/e I Y ATTORNEY DATE B f'' Y ' Council i-r Adopted OC 3 O 2012 -a . . . . . .. . . .......... ,,,,,,/, ../rk' ____ Approved y.V. ./,��e ayor i - 5 1 3 s`os"rs"ssoa E � � Up a gg a e' :: a m o :140;_g h_ 12 ilg 4 .g 5 0 of w g w iR wm o<i¢g ? a gg o EN II ci i' hI ; Ih [ it g !s g t1I s x g 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. $47,468.00 In the event of the platting of additional lots, this Agreement shall be amended by the parties to provide payment of the current fee for the additional lots before any building permits are issued by the City. 8. Binding effect. The Subdivision Agreement shall be binding upon the parties, their respective successors, and assigns. hat, at some future date, 72nd Street will be widened to a three-lane section with grading to accommodate a five-lane section, per City of Omaha and Douglas County design standards. It is acknowledged and agreed that at that time, each of Northern Hills Business Park Lots 1 — 9 (and any future lots consisting of any portion of Lots 1 —9) will be assessed m t Nen . • • o N O fD t in g, o N A A A m . • N m OI Et d u A it It N T W -J M m W N V CA IV 3 o o G a p + N m g P�O • 0 or - 0 y . 9 o N MM LI$ ,mni V s..yQnI p� N A k �j 0 N A A A 0 0 O a O pN q4A�A J OJ V O O J O V Project No.MAPA-28(110) Exhibit"B" Control No.22537 Page 13 of 13 Harney St Corridor Feasibility Study o ' rp fa 11a a s 1 • INN i a + + -• t + as co 0 W COW CON N N A p N N m 1 • 11 N N a a CO A I + + 1 CO a a 0 0 M I < II 4 ) i o I o I N 0, A + N I o o m ! I 1 - I 1 A a 0 m o CO m a 0 I I 0 41 1 11 N + + — + N m A m N m + N A N V N m O V P y N N A o O A +O + N a A O N I J 1 • Project No.MAPA-28(110) Exhibit"B" Control No.22537 Page 11 of 13 Harney St Corridor Feasibility Study ' , • • I . \ 0 R �' 0 ƒ \ ° 2 n � o 0 § • \ \ 0 CD ] . \ > J 7 0 01. 0 o \ o $ 0 u J. c m o ITcil • ƒ cr c 2 o k M n n §' / o ¢ p q & c n ' 0 \' \} / 7 R ƒ CD k 0 E / C 7 0 - Z ,[} ' j m. \ . ' §1' Total $60,971.00 Please send a copy of this invoice with your payment. � . I ' ' 0 .fric�1 %,' Vt. 4,i:hi� '2` 4"% e!: ✓..4.44i.F....! 1. • • Project No. MAPA-28(110) EXHIBIT "D" Control No. 22537 Sheet 7 of 7 Harney St Corridor Feasibility Study Template Dated 3-30-12