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
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IRVINGTON TECHNOLOGY PARK 7.:: ward,6,wip
. 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.
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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
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(A-sS r CITY ATTORNEY DATE
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By itouncilmember
Adopted JUN 2 9 2004 1-0
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