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RES 2004-0825 - Amendment to subdivision agmt, Irvington Technology Parkr c(0 of 0N1AHA,NB4 , 's R E C L�j c Public Works Department of�- n Omaha/Douglas Civic Center ®.4 .r if,tor.,-; June 29, 2004 ° J ' 1819 Farnam Street,Suite 601 o.r: �= $ PF� 12= eta Omaha,Nebraska 68183-0601 9vo� p FEBRV�4�ry CITY C y R i-° (402)444-5220 OMA HA, +fir _Y Telefax(402)444-5248 City of Omaha �`'° Norm Jackman,P.E. Mike Fahey,Mayor Acting Public Works Director Honorable President and Members of the City Council, The attached Resolution approves the Amendment to the Subdivision Agreement between the City of Omaha and First Data Resources, Inc. This Subdivision Agreement covered the public improvement of Irvington Technology Park of Douglas County, Nebraska located Northeast of Vernon Avenue and Sorensen"Parkway, . The Subdivision Agreement was approved by City Council on May 22, 2001. The Amendment revises the extent of public improvements to be installed by First Data Resources, Inc. as these improvements have been installed by others. The plat contains an access easement over Lot 2 providing access to Sorensen Parkway for Lot 3. This easement is no longer required as a new signalized intersection has been constructed on the eastern boundary of Lot 3. The Public Works Department requests your consideration and approval of the attached resolution and Amendment to the Subdivision Agreement. Respectfully submitted, This action has been reviewed and found to be in conformance with the Master Plan. 6_2:7?_____________4 ` vd / t71 # U. /4. D. i opPr N Jackman, P.E. Date Robert C. Peters Date Acting Public Works Director Planning DirectoV Approved: Refe -d to City Council for Consideration: ed...„4,(.1..ckA,N__ (+104 0A4e1." — —/‘.—el,/ Carol A. Ebdon Date Mayor's Office Date Finance Director \K4k P:\PW\2092sap.doc • AMENDMENT TO SUBDIVISION AGREEMENT IRVINGTON TECHNOLOGY PARK THIS AMENDMENT TO SUBDIVISION AGREEMENT ("Amendment") is made and entered into this ,291'day of Mt C_, , 2004 by and between FIRST DATA RESOURCES INC., a Delaware corporation (hereinafter referred to as "Subdivider") and THE CITY OF OMAHA, NEBRASKA (hereinafter referred to as"City"). WHEREAS, in connection with the recording of that certain Plat of Irvington Technology Park, Lots 1, 2 and 3 recorded at Book 2181, Page 511 of the Deed Records of the Register of Deeds for Douglas County, Nebraska, a copy of which is attached hereto as Exhibit A and incorporated herein by reference (the "Plat"), Subdivider and the City entered into that certain Subdivision Agreement Irvington Technology Park dated May 23, 2001 ("Subdivision Agreement"), which was approved by the City Council of the City on May 22, 2001 pursuant to Resolution#1282; and WHEREAS, the Subdivision Agreement provided for the construction by Subdivider of a public sanitary sewer extension ("Extension") and public sanitary sewer siphon ("Siphon") pursuant to plans approved by the City(the "First Data Plans"); and WHEREAS, the Subdivision Agreement contained a cost share provision between the Subdivider and the City for the construction of the Siphon; and WHEREAS, the Subdivision Agreement required Subdivider to provide certain security for completion of the Extension and Siphon, and Subdivider provided such security in the form of a Standby Letter of Credit currently held by the City(the "LOC"); and WHEREAS, the City has entered into a new agreement with Double "D" Properties, L.L.C. which calls for the installation of certain sanitary sewer improvements, including a siphon and outfall (the "SID 479 Improvements") by Sanitary and Improvement District No. 479 of Douglas County, Nebraska ("SID 479") and calls for SID 479 to install a traffic signal at the intersection of 87th Street and Sorenson Parkway(the"Traffic Signal"); and WHEREAS, Subdivider has entered, or on or about this date will enter, an Interlocal Cooperation Agreement ("Interlocal Agreement") with SID 479 permitting Subdivider to connect to and make use of the SID 479 Improvements for the benefit of Subdivider's Property and to share in the cost of installation of the Traffic Signal and sanitary sewer; and WHEREAS, Subdivider created a platted access easement across Lot 2 of Irvington Technology Park as required by the City in order to provide access to Lot 3 of Irvington Technology Park ("Lot 3") from the traffic signal at Ida Street and Sorenson Parkway (the "Access Easement"); and WHEREAS, the Interlocal Agreement eliminates the need for the construction of the Extension and Siphon by the Subdivider as well as the need for the LOC, and construction of the Traffic Signal eliminates the need for the Access Easement; and STLD01-1000843-5 710640/12 WHEREAS, the City desires a street dedication forty(40) feet wide by two hundred fifty (250) feet long at the northeast corner of Lot 3 as shown on the Dedication Plat attached hereto as Exhibit B (the "Dedication Area") in order to provide access to and from the intersection served by the Traffic Signal from and to Lot 3 and also for the lot directly to the east of said Lot 3. NOW,THEREFORE, it is agreed as follows: 1. The Interlocal Agreement has been submitted to the City's Public Works Department and the City has approved the plans for the SID 479 Improvements and the Traffic Signal ("SID Plans") as reflected in the Interlocal Agreement. 2. The Subdivision Agreement is hereby amended to delete Subdivider's obligation to construct the Extension and Siphon pursuant to the First Data Plans and such obligation has been superseded and replaced by the obligation of SID 479 to construct the SID 479 Improvements pursuant to the SID Plans. The Subdivision Agreement is hereby further amended to eliminate the City's obligation to reimburse Subdivider for construction of the Siphon as provided in the Subdivision Agreement. The Subdivision Agreement is hereby further amended to eliminate the Subdivider's obligation to provide and maintain the LOC, and upon execution of this Amendment, the City shall mark the original LOC "cancelled" and promptly return the LOC so marked to Subdivider. 3. Subdivider hereby agrees that in the event it develops Lot 3 and seeks to use the intersection at which the Traffic Signal is located in order to gain access to said Lot 3, Subdivider shall, at its cost (or with a cost sharing arrangement with the owner(s) of the property to the east of said Lot 3), construct a left-turn lane on Sorenson Parkway and modify the Traffic Signal and pave the street in the Dedication Area as far south on Lot 3 as needed to provide access to Lot 3, as shown on Exhibit C attached hereto and incorporated herein by reference, at said intersection pursuant to plans which are to be agreed upon by Subdivider and the City. 4. Upon execution of this Amendment by the City, Subdivider may record a document that terminates and releases the Access Easement across Lot 2 of Irvington Technology Park as shown on the Plat. The City hereby releases any rights it has to said Access Easement. 5. All other provisions of the Subdivision Agreement remain in full force and effect. 6. This Amendment runs with the land shown on the Plat. [Signatures follow on next page] STLD01-1000843-5 710640/12 ATTEST: •- CITY OF OMAHA h"•.A4.4 eil°44.1," W.47 Ci y lerka - Mayor APPROVED AS TO FORM: A-99T. CI Li A-H"°l', FIRST DATA RESOURCES INC. By: Ayt___ Title: l ( , f '1.ecrc7 (,t, STATE OF �l'� c�(/t-�t a.h ) ) ss. COUNTY OF /C� u-u. C o�,Q� ) The foregoing instrument was acknowledged before me on c�(A- g- SC, 2004 by `tea.L) 4 , as of THE CITY OF OMAHA, NEBRASKA, a municipal corporation of the Sta e of Nebraska, on behalf of said municipal corporation. GENERAL NOTARY-State of Nebraska CYNTHIA I.FORD Notary ublic toPioltm My Comm.Exp.Aug.16,2007 My commission expires e/(e/o 2 STLD01-1000843-5 710640/12 STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on /., V , 2004 by , Z , for purposes of ATTESTING to the execution of the instrument on behalf of THE CITY OF OMAHA, NEBRASKA, a municipal corporation of the State of Nebraska, on behalf of said municipal corporation. h GENERAL NOTARY-State of Nebraska L CYNTHIA I.FORD Notary P blic J W My C(0m.Exp,Aug•16,2007 My commission expires g-f f i,/4 7 STATE OF Ca&YQ. O ) ss. COUNTY OF aU L ) The foe in trument was acknowled ed before e on _/i , 2004 by , as 6,5 C(Y of FIRST DATA RESOURCES INC. a Dela are corporation, on behalf f said torpor Notary Public My commission expires I/ 5/2f—CE STLD01-1000843-5 710640/12 ... , • /...i... 4 .,...---- . -h 1 -------------------- ----------------- ' ---------- ( AR _ _..7.,r_______ 4-1 / /1 .eiP; •. .7- :-.- T-3...:T • • .0111 .g;i ---......_ 1 - ell k / if •• I • I . . . / / 1 A ........., 4 _ 339.ex . ----------... .; lh ,,/,0•7 : %,-, ,..„) * Ai .:,• ., ...., " • le, .......—4,..., ,_--5 ' -,. :; .:• . h IN: .Z.. '>•:1 ''.'g : a., • ............. ... . .g • s. 11 t,/ r..pi . 1•04 1 : e q iti i / ',,ks• .--- - . „ / /./^> /' iliq 40 am% Ne , -, / 1 ,,-,X RR ‘iod . .. L'-----.... • i N.... a / / - ..— plA 1 • > R go . (I .. .... ' ( = X * g I q ' • 6ir i: e'.9.046.1 01 0 . ' gl? Z x r . • . ''', \ r. 8.! i .' . to .. ..1.1 , . ., \ 8i . .; s,,,•• -.1,.. 11 0 sorineE .... 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I, - 2 TICIteu )11/Engineers &112?Surveyor.iNC. 6494 44I A i ,'• . Iona OWNIS ItIlL BOW 01100. eine., 1 FINAL PLAT . . PLAT AND DEDICATION FOR STREET EXIIIBIT B IRVINGTON TECHNOLOGY PARK N i m S87'42'45"W 40.00' i -o.Z • NO2'17'15"W 250.00' WA o 5' SCALE: 1"=60' TD2#: 839125STDED t, L� RADIUS: 1262.34' S0717'15"E 252.47' CHORD BEARING: N84'1I '00"E POINT OF BEGINNING ARCORDISTTANCE C40.08 08' NE1/4, NE 1/4 34-16-12 DEDICATION:KNOW ALL PERSONS BY THESE PRESENTS:THAT WE,FIRST DATA RESOURCES INC.,A DELAWARE CORPORATION,SOLE OWNERS OF THE 40 FOOT WIDE STRIP OF LAND DESCRIBED BELOW AND EMBRACED WITHIN THE ABOVE PLAT AND SHOWN AS RIGHT-OF-WAY FOR 87TH STREET HEREBY DEDICATES TO THE PUBLIC FOR PUBLIC USE THE SAID 40 FOOT STRIP FOR STREET PURPOSES TO BE HEREAFTER KNOWN AS 87TH STREET. FIRST DATA RESOURCES INC., A DELAWARE CORPORATION BY: LEGAL DESCRIPTION: THAT PART OF LOT 3, IRVINGTON TECHNOLOGY PARK, A SUBDIVISION IN DOUGLAS COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID LOT 3; THENCE S02°17'15"E(ASSUMED BEARING)252.47 FEET ON THE EAST LINE OF SAID LOT 3;THENCE S87°42'45"W 40.00 FEET;THENCE NO2°17'15"W 250.00 FEET ON A LINE 40.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 3 TO THE NORTH LINE THEREOF;THENCE NORTHEASTERLY ON THE NORTH LINE OF SAID LOT 3 ON A NON-TANGENT 1262.34 FOOT RADIUS CURVE TO THE RIGHT, CHORD BEARING N84°11'00"E, CHORD DISTANCE 40.08 FEET,AN ARC DISTANCE OF 40.08•FEET TO THE POINT OF BEGINNING. • •C. ACKNOWLEDGEMENT OF NOTARY STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) s.s. ON THIS DAY OF , 2004, BEFORE.ME A NOTARY'PUBLIC,. DULY QUALIFIED AND COMMISSIONED IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED ,ON BEHALF OF FIRST DATA RESOURCES, INC.. A DELAWARE CORPORATION, WHO IS PERSONALLY KNOWN TO ME TO BE THE IDENTICAL PERSON WHOSE NAME IS AFFIXED TO THE FOREGOING INSTRUMENT AND THEY ACKNOWLEDGED THE SIGNING OF THE SAME TO BE THEIR VOLUNTARY ACT AND DEED. NOTARY PUBLIC APPROVALS:ABOVE PLAT AND DEDICATION RECOMMENDED FOR APPROVAL BY: CITY ENGINEER: DATE: PLANNING DIRECTOR: DATE: THIS PLAT AND DEDICATION APPROVED AND ACCEPTED BY THE CITY COUNCIL OF THE CITY.OF OMAHA THIS • • DAY OF , ATTEST: MAYOR: CITY CLERK PRESIDENT,CITY COUNCIL: • PLAT AND DEDICATION FOR STREET EXHIBIT B LOT 3 N IRVINGTON TECHNOLOGY PARK S87'42'45"W 40.00' l �z tn • NO2'17'15'W 250.00' o o Z SCALE: 1 "=f00 0' TD2#:S02'17'15"E 252.47 "E CHORD DISTANCE: 40.08' POINT OF BEGINNING ARC DISTANCE: 40.08' NE 1/4, NE 1/4 34-16-12 DEDICATION: KNOW ALL PERSONS BY THESE PRESENTS: THAT WE,FIRST DATA RESOURCES INC., A DELAWARE CORPORATION, SOLE OWNERS OF THE 40 FOOT WIDE STRIP OF LAND DESCRIBED BELOW AND EMBRACED WITHIN THE ABOVE PLAT AND SHOWN AS RIGHT-OF-WAY FOR 87TH STREET HEREBY DEDICATES TO THE PUBLIC FOR PUBLIC USE THE SAID 40 FOOT STRIP FOR STREET PURPOSES TO BE HEREAFTER KNOWN AS 87TH STREET. FIRST DATA RESOURCES INC., A DELAWARE CORPORATION BY: LEGAL DESCRIPTION: THAT PART OF LOT 3, IRVINGTON TECHNOLOGY PARK, A SUBDIVISION IN DOUGLAS COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID LOT 3; THENCE S02°17'15"E (ASSUMED BEARING) 252.47 FEET ON THE EAST LINE OF SAID LOT 3; THENCE S87°42'45"W 40.00 FEET; THENCE NO2°17'15"W 250.00 FEET ON A LINE 40.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 3 TO THE NORTH LINE THEREOF; THENCE NORTHEASTERLY ON THE NORTH LINE OF SAID LOT 3 ON A NON-TANGENT 1262.34 FOOT RADIUS CURVE TO THE RIGHT, CHORD BEARING N84°11'00"E, CHORD DISTANCE 40.08 FEET, AN ARC DISTANCE OF 40.08.FEET TO THE POINT OF BEGINNING. ACKNOWLEDGEMENT OF NOTARY STATE OF NEBRASKA ) ) s.s. 1 I iz ) (:) • • ......'"..........—------——--- litlill:11-7-1--------luilliiiiiiiiiinillilliii."11.11.11111.1111111.11111111.11.1111.11.11.1111.11' �- I x • ii I it ---7/41 _ _ _ _ _ _ _ _ ___ _ _ ----- .iris• _ _--_ M r� `---�- Ø/ iNLET STORM SEWER - o / '�rRIM$11 16,99 I,E•=1112.47 i/ 1/ I.E.(y 5"IN)=11 11.59 0/ I.E.(?4"IN)=1111.45 //0 /4 I.E.(24"OUT)=1 109.39 / 0i I 1 r n 1 Wpm 1 u 1 om ZI-0 o �" \ p rrl n m� \ Zp zo 1 !I p a VIo • fTf n ..:. I oil ;.• • Z 1 —T o Ill M I \`• • xi 0 m `c M2m L t • ‘ \ N. •` 1 • .‘./ ; 6 CAUT, ‘`• • • • '' Al Irri •� • •� p • ‘ 2 THOMPSON,DREESSEN&DORNER,INC. IRVINGTON TECH. PARK SCALE: AS SHOWN Consulting Engineers a Land Surveyors 70836 OLD MU.ROAD OMAHA,NEBRASKA 68154 LOT 3 IMPROVEMENTS DATE: 3-10-2003 OnO$E:4O2376A66O FAX/022305566 CAM: DRAWN BY: RTM wE6s0E:www.rOtcocaM EXHIBIT :"C" FIRST DATA RESOURCES CHECKED BY: JMK JOB #: 839-125 DWG: 839-125EXHIBITC.DWG REVISIONS: C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, First Data resources, Inc. has built a Subdivision, Irvington Technology Park, which is located Northeast of Vernon Avenue and Sorensen Parkway; and, WHEREAS, the Subdivider entered into a Subdivision Agreement with City approved by City Council on May 22, 2001; and, WHEREAS, the parties agreed that certain public improvements would be built by First Data Resources, Inc. but have subsequently been constructed by others; and, WHEREAS, the Plat contains an access easement over Lot 2 which provided Lot 3 its only access onto Sorensen Parkway; and, WHEREAS, the City has approved a new intersection for Sorensen Parkway on the eastern boundary of Lot 3 that way now provides Lot 3 access on to Sorensen Parkway; and, WHEREAS, First Data Resources has requested that the City release any rights it has to the access easement shown on the Plat for Lot 2; and, WHEREAS, an Amendment to the Subdivision Agreement has been prepared setting forth all the provisions mentioned above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE l CITY OF OMAHA: THAT, the Amendment to the Subdivision Agreement between the City of Omaha and First Data Resources, Inc., as recommended by the Mayor, revising the public improvements to be installed by First Data Resources, Inc. and releasing the access easement shown on Lot 2 of the Plat, is hereby approved. P:\PW\2093sap.doc VED AS TO FO \ e CS 4/2/A ci (A-sS r CITY ATTORNEY DATE ed Pam C By itouncilmember Adopted JUN 2 9 2004 1-0 /6/44 /42.... . City Clerk Approved.. :: 77/e9 ayo (.DI'' 6 CD O ,-s Cp v, •dZo � CD ' E. Z V p C a CID O� 8 , 0 R. "d C ..• ca.U4 CI\ \ O 6- O CD n c —. CD 7f 0 O c n .� z �� �' 0 ; A, Off-, Cp l ? P o o mac-. RLL cn cn cn AD n Q. Q. • CT' Z. N I