RES 2002-1707 - Agmt with 10808 Fort St Omaha NE LLC and Hy-Vee Inc for median break to access property at 108th and Fort Sts r "tj Q
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•• RECEIVED
F O FB
iku
Public Works Department
02 JUL 12 P I' 33 Omaha/Douglas Civic Center
tir 6 4!, 1819 Farnam Street,Suite 601
o r ,, �• -, July 23, 2002 Omaha,Nebraska 68183-0601
AO *ro CITY CLERK (402)444-5220
4rFD OMAHA, N E t R A S K n 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,
Attached is a resolution approving and authorizing the Mayor to sign an Agreement between the
City of Omaha, 10808 Fort Street Omaha-NE, LLC, a Delaware Limited Liability Company, and
HyVee, Inc. an Iowa Corporation concerning property located at 108th and Fort Streets, in
Omaha, Nebraska. The original construction plans for the project from 108th Street west to 120th
Street, did not provide for a median break to access the property from Fort Street. The City was
approached by the owner and developer seeking a median break. The City was willing to provide
the median break as long as certain changes were made to the construction plans which moved
the Fort Street curb cut to the west. This provides for safe entry and exit from Fort Street and
minimizes the interference with the intersection of 108th and Fort Streets.
This agreement contemplates that the developer is responsible for the design costs incurred in
this modification and is responsible for reimbursing to the City, the costs the City incurred in
moving the current drive to the west and for the additional modifications required by this
agreement. It is anticipated that this change order will be brought to the City Council separately.
All modifications contemplated in the attached agreement are to be paid for by the owner and
developer.
The Public Works Department requests your consideration and recommends approval of this
Public Improvement Agreement.
Respectfully submitted, Referred to City Cou 1 for Consideration:
/O3/o
Norm Jackman Date Mayor's Off ce Date
Acting Public Works Director
P:\PW2\11560maf.doc
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PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT is made as of this G� day of a ,
2002, by and between 10808 FORT STREET OMAHA-NE, LLC;a Delaware limited liability company
(hereinafter referred to as "Owner"), HY-VEE, INC., an Iowa corporation (hereinafter referred to as
"Developer") and THE CITY OF OMAHA, a Nebraska political subdivision (hereinafter referred to as
"City") %
PRELIMINARY STATEMENT
The Developer is the operator of a Hy-Vee grocery store on the northwest corner of 108`h
and Fort Street where it operates a retail grocery and general merchandise store at 10808 Fort
Street (hereinafter referred to as the "Property"). The City is presently undertaking the
reconstruction and widening of Fort Street as it generally exists from 108th Street west to
approximately 120th Street (hereinafter referred to as the "Project"). The Developer is desirous of
having certain improvements incorporated into the Project, and the parties have agreed to such
arrangements.
The parties desire to have the improvements proceed and have agreed to the location of
certain median openings, the relocation of a driveway existent on the Property, an'd other related
arrangements. As a result, the parties do hereby agree to the following:
A. Developer Responsibilities.
1 . The Developer shall employ HWS Consulting Group, Inc., to provide the design that
modifies the City's plan for the Project. The design will provide for a median
opening at approximately 109th and Fort Streets, which will allow for eastbound
traffic to make a left turn into the Property. The proposed new driveway shall also
allow for right-in, right-out traffic. HWS Consulting Group, Inc. shall also supply the
City with any modifications to the existing plans, which are necessary as a result of
the proposed design modification. Said proposed design is depicted in the attached
Exhibit B.
2. The Developer shall relocate its current driveway to the west as shown on the
attached Exhibit B, at its own expense. Further, the City shall construct the
driveway approach to the end of the driveway radius, and the Developer shall
construct the remainder of the driveway. The City shall construct the right turn
lane, including curb and gutter section between the two driveways, as shown on
Exhibit B, by means of a change order. The Developer agrees to reimburse the CITY
the construction cost of said right turn lane and curb and gutter section.
Additionally, the Developer agrees to reimburse the CITY for costs incurred in
constructing the turning lane.
3. Developer shall be responsible for the construction and maintenance of the proposed
retaining wall as it shall then exist on Owner's property as shown on the attached
Exhibit B.
4. The Developer shall make payment directly to HWS Consulting Group, Inc., for the
engineering design work as shown in Exhibit B. Developer shall also pay HWS
Consulting Group, Inc. for any modification to any files or pages of the existing plans
which are necessary as a result of the proposed design modification.
5. The Developer shall be responsible for all additional construction costs consisting in
the increase in quantities or materials incurred by the CITY as a result of the
proposed design modification. Both parties agree the amount of reimbursement shall
be in the amount of twenty seven thousand two hundred twenty three dollars and
no/100 ($27,223.00) for the extension of the right turn lane between the two
driveways, including curb and gutter section, and the driveway approach.
Additionally, the Developer agrees to reimburse the CITY for costs incurred in
constructing the turning lane in the amount of fourteen thousand twenty dollars and
no/100 ($14,020.00). The parties agree that such amount shall not be adjusted
either upward or downward; that such amount shall be a fixed amount as a result.
Such amount shall be paid by the Developer to the City within sixty (60) days of the
City's issuance of a notice to proceed to its contractor for the Project.
6. The Developer and Owner shall dedicate all necessary right-of-way for the Project,
as shown on the attached Exhibit A.
B. City Responsibilities.
1. The City shall be in charge of and financially responsible for the design and
construction of the Project in its entirety, with the exception of the driveway
relocation referred to above. City shall be responsible for the construction of the
driveway approach.
2. The City shall acquire the necessary right-of-way (other than right-of-way owned by
the Developer) to construct the Project.
3. Provide the Project administration including inspection.
4. City shall construct the sidewalk/bikeway as a part of the proposed project
C. Binding Effect. This Amendment to Public Improvement Agreement shall be binding upon
the parties, their respective successors and assigns, and shall run with the land shown on
Exhibit A.
10808 F FORT STREET OMANA-NE,0LLC, ,
a Delaware limited liability company, limite company,
By: Gate Park LLC, a Delaware limited
liability company, its M •er
B
By: Landmark Lake Hill. Partnership, y
a Califo ge -,al partnership, °" 'yG'
its Me
By `'A, HY-VEE, INC., an Iowa corporation
: �•
Albert nor= Hansen,
Genera Partner
By
Dennis A. Ausenhus, Vice President
CITY OF OMAHA, a Nebraska political
subdivision
ATTEST: ` By )14.4.42.4.
Mayo
city Clerk
•
By
ne ;Jciil v( Cily Count-a
APPROVED AS T FORM:
STATE OF l.u-
�)
) ss.:
DEPUTY CITY ATTORNEY
COUNTY OF OACO9e )
•The foregoinginstrument was acknowledged before me this b day of -/L A A. ,
2002, by athil(WikiXicotdot, Manager of 10808 FORT STREET OMAHA-NE, LLC, a
Delaware limited liability c_ddmpany, on behalf of the company.
.� �:. . ELAINE B. HEBERT 6
� �. � ��:'=� COMM...1190784 m
U ,„ad °'�,, ,' NOTARY PUBLIC-CALIFORNIA -1 JUX.L
m '7% , ORANGE COUNTY CO
d,; Notary Public
My Term Exp.July 23,2002
STATE OF IOWA
ss.:
COUNTY OF POLK )
The foregoing instrument was acknowledged before me this a)day of 0-Mrc,
2002, by DENNIS A. AUSENHUS, Vice President of HY-VEE, INC., an Iowa corporation, on behalf of
the corporation.
MATtNA D.ANDERSON
COMMISSION NO. 154992
! * MY COMMISSION EXPIRES Notary blic
Irows 1[
3
•
STPC-5082 (4) , C.N. 21886 December 17,2001
City Project No. S.P. 93-13
TRACT No. 48
Owner: 10808 Fort Street LLC
LAND ACQUISITION LEGAL DESCRIPTION
A part of Lot 3, Timber Ridge and Lots 636 & 639, Rambleridge, both
subdivisions located in the SE 1/4 of Section 32, Township 16 North,
Range 12 East of the 6th P.M. , Douglas County, Nebraska, more
particularly described as follows:
Commencing at the Southeast corner of said SE1/4 of Section 32; thence
S87°40 '04"W (assumed bearing) , along the South line of said Section 32,
a distance of 24 .29 meters (79. 69 feet) ; thence NO2°19'56"W, a distance
of 15.24 meters (50.00 feet) , to a point on the North right-of-way line
of Fort Street, said point also being ng on the South line of said Lot 639,
Rambleridge, said point also being the point of beginning; thence
N38°04 '36"E, a distance of 12.85 meters (42 . 16 feet) ; thence
NO2°14 '00"W, a distance of 198. 75 meters (652. 07 feet) , to a point on
the North line of said Lot 3, Timber Ridge; thence N87°40'20"E, along
said North line of said Lot 3, Timber Ridge, a distance of 0. 76 meters
(2. 49 feet) , to a point on the West right-of-way line of 108th Street,
said line also being the East line of said Lot 3, Timber Ridge and said
Lots 636 & 639, Rambleridge; thence S02°14' 00"E, along said West right-
of-way line of 108th Street, said line also being said East line of said
Lot 3, Timber Ridge and said Lots 636 & 639, Rambleridge, a distance of
203. 96 meters (669. 16 feet) ; thence S42°43' 02"W, a distance of 6. 47
meters (21.23 feet) to a point on said North right-of-way line of Fort
Street; thence S87°40' 04"W, along said North right-of-way line of Fort
Street, said line also being the South line of said Lot 639,
Rambleridge, a distance of 4 .50 meters (14 . 76 feet) , to the point of
beginning.
The above described tract of land contains an area of 190 square meters
(2047 square feet) , more or less.
A part of Lot 3, Timber Ridge and Lots 636 & 639, Rambleridge, both
subdivisions located in the SE 1/4 of Section 32, Township 16 North,
Range 12 East of the 6th P.M. , Douglas County, Nebraska, more
particularlydescribed
as follows:
Commencing at the Southeast corner of said SE1/4 of Section 32 ; thence
S87°40 '04"W (assumed bearing) , along the South line of said Section 32,
a distance of 96. 93 meters (318. 01 feet) ; thence NO2°19'56"W, a distance
of 15.24 meters (50 . 00 feet) , to a point on the North right-of-way line
of Fort Street, said point also being on the South line of said Lot 636,
Rambleridge, said point also being the point of beginning; thence
NO2°19156"W, a distance of 2. 95 meters (9. 68 feet) ; thence S87°40 '04"W,
a distance of 76. 78 meters (251. 90 feet) , to a point on the West line of
said Lot 3, Timber Ridge; thence S02°19156"E, along said West line of
said Lot 3, Timber Ridge, a distance of 2. 95 meters (9. 68 feet) , to a
point on the North right-of-way line of Fort Street, said line also
being the South line of said Lot 3, Timber Ridge and said Lot 636,
Rambleridge; thence N87°40.'.04"E, along said North right-of-way line of
Fort Street, a distance of 76. 78 meters (251 . 90 feet) , to the point of
beginning.
The above described tract of land contains an area of 227 square meters
(2438 square feet) , more or less.
' 7' ,+
•
PERMANENT EASEMENT LEGAL DESCRIPTION
A part of Lots 636 & 639, Rambleridge, a subdivision located in the SE
1/4 of Section 32, Township 16 North, Range 12 East of the 6th P.M. ,
Douglas County, Nebraska, more particularly described as follows:
Commencing at the Southeast corner of said SE1/4 of Section 32; thence
S87°40 '04"W (assumed bearing) , along the South line of said Section 32,
a distance of 24 .29 meters (79. 69 feet) ; thence NO2°19'56"W, a distance
of 15.24 meters (50.00 feet) , to a point on the North right-of-way line
of Fort Street, said point also being on the South line of said Lot 639,
Rambleridge, thence N38°04 '36"E, a distance of 12 . 85 meters (42 . 16
feet) , said point also being the point of beginning; thence NO2°14 ' 00"W,
a distance of 99. 589 meters (326. 79 feet) , thence S87°46'00"4 for a
distance of 5. 44 meters (17.85 feet) ; thence S02°14'00"E for a distance
of 2. 86 meters (9.38 feet) ; thence N87°46'00"E for a distance of 4 .22
meters (13 .85 feet) ; thence S02°14'00"E for a distance of 96. 729 meters
(317 . 41 feet) ; thence N38°04 '36"E, a distance of 1. 884 meters (6. 18
feet) to the point of beginning.
The above described tract of land contains an area of 133 square meters
(1430 square feet) , more or less.
TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION
A part of Lot 3, Timber Ridge and Lots 636 & 639, Rambleridge, both
subdivisions located in the SE. 1/4 of Section 32, Township 16 North,
Range 12 East of the 6th P.M. , Douglas County, Nebraska, more
particularly described as follows :
Commencing at the Southeast corner of said SE1/4 of Section 32; thence
S87°40 ' 04"W (assumed bearing) , along the South line of said Section 32,
a distance of 29.29 meters (96.09 feet) ; thence NO2°19'56"W, a distance
of 15 .24 meters (50.00 feet) , to a point on the North right-of-way line
of Fort Street, said point also being on the South line of said Lot 639, •
Rambleridge, said point also being the point of beginning; thence
N38°04 '36"E, a distance of 13. 53 meters (44 . 39 feet) ; thence
NO2°14 '00"W, a distance of 94. 997 meters (311. 66 feet) ; thence
S87°46'00"1. for a distance of 4 . 00 meters (13. 12 feet) ; thence NO2°14'00"W
for a distance of 20.0 meters (65. 62 feet) ; thence N04°17'll"E for a
distance of 35.23 meters (115.58 feet) ; thence NO2°14'00"W for a distance
of 48 . 75 meters (159. 94 feet) to a point on the North line of said Lot
3, Timber Ridge; thence N87°46' 20"E, along said North line of said Lot
3, Timber Ridge, a distance of 4 . 76. meters (15. 62 feet) , to a point on
the West right-of-way line of 108th Street, said line also being the East
line of 'said Lot 3, Timber Ridge and said Lots 636 & 639, Rambleridge;
thence S02°14' 00"E, along said West right-of-way line of 108th Street,
said line also being said East line of said Lot 3, Timber Ridge and said
Lots 636 & 639, Rambleridge, a distance of 203. 96 meters (669. 16 feet) ;
thence S42°43' 02"W, a distance of 6. 47 meters (21 .23 feet) to a point on
said North right-of-way line of Fort Street; thence S87°40' 04"W, along
said North right-of-way 'line of Fort Street, said line also being the
South line of said Lot 639, Rambleridge, a distance of 9.50 meters
(31 . 16 feet) , to the point of beginning, excepting therefrom the "Land
Acqusition" and "Permanent Easement" previously described.
The above described tract of land contains an area of 1186 square meters
(12,767 square feet) , more or less.
A part of Lot 3, Timber Ridge and Lots 636 & 639, Rambleridge, both
subdivisions located in the SE 1/4 of Section 32, Township 16 North,
Range 12 East of the 6th P.M. , Douglas County, Nebraska, more
particularly described as follows :
• ^ 5”' —• •
• ,
•
Commencing at the Southeast corner of said South line of said Section 32,
a distance of 96. 93 meters (318.01 feet) ; thence NO2°19'56"W, a distance
of 18. 19 meters (59. 68 feet) , to a point also being the point of
beginning; thence NO2°19'56"W, a distance of 0. 61 meters (2. 00 feet) ;
thence S87°40 '04"W, a distance of 46.50 meters (152. 56 feet) ; thence
S02°19 '56"E, a distance of 0. 61 meters (2.00 feet) ; thence N87°4004"E,
a distance of 46.50 meters (152.56 feet) , to the point of beginning.
The above described tract of land contains an area of 28 square meters
(305 square feet) , more or less.
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TRACT No.48a S.E.1/4 SEC. 31 - 16-12
SCALE: 1 :50
10808 FORT ST OMAHA
LLC C/O PRINCIPAL MANAGEMENT
PART OF LOT 639 RAMBLE RIDGE
PERM I
TEMP 1.219m ; ACQ
(13.13') N87'40 04"E (2.50')
4.00m 0.76m
N87'40'04'E
N''• 1
(160') + {;; ACQ
48.77M + '4o' (159.71') F--
ACQ +• 48.68m 1.3J
(142.52') ++I, S02'14'00"E n_
43.44m +
+ •l� Vf1
+ ERM
1 TEMP + (142.52')
(142.57') ++ • - 43.44m
43.457m t^r;_,, S02'14'00"E
NO2'14'00"W ® • *�
+cam
In PART OF LOT 639 ++- o
RAMBLE RIDGE
ln • __ TEMP
PERM + i (147.36')
(147.36') + .'• 44.899m
44.899m ACQ + +t;• S02'14'00"E
NO2'14'00"W (42.16') +: ,
' 12.85m +t
TEMP N38'04'36"E + 0
((44.39') ++►.
13.53m +
N38.04'36"E ++ PERM
• (145') +++ A I (6.18")
44.20m . + + i 1.884m
_ _ S38 04 36 'W
`rF ACQ
ACQ ���� (21.23')
\ 6.47m
• (14.76') 1211_I-00 /6' S42'43'02"W
4.50m \7,�
S87'40'04"W O
FORT — STREW TEMP TEMP , <y
(16.40') (42.16')
5.00m 12.85m '
_ ,
_ S87'40'04"W S38'04'36"W
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CITY OF OMAHA - PUBLIC WORKS DEPARTMENT
765 S.F.
LAND ACQUISITION 71 S.M.
58° S.F. PROJECT NO. S.P. 93- 13
PERMANENT EASEMENT 54 S.M. 48a
1 ,776 sy. TRACT NO.
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C-25A• CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr July 23, 2002
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha is presently undertaking the reconstruction and
widening of Fort Street from 108th Street west to approximately 120th Street; and,
WHEREAS, the City of Omaha contacted various property owners concerning the
plans for construction and acquisition of property; and,
WHEREAS, the property at 10808 Fort Street is owned by 10808 Fort Street
Omaha-NE, LLC, a Delaware limited liability company, hereinafter referred to as "Owner" and
is operated by Hy-Vee, Inc., an Iowa corporation, hereinafter referred to as "Developer", both of
whom are desirous of having certain improvements incorporated into the widening project; and,
WHEREAS, the original project plans did not provide for a median break off of
Fort Street to access the Owner's property; and,
WHEREAS, the Owner and Developer desired such a median break and
approached the City; and,
WHEREAS, the City, Owner and Developer have reached an agreement
concerning the location of a median break and various modification to the original project plans
to allow for access by Owner and Developer to Fort Street which changes shall be at the expense
of Owner and Developer; and,
WHEREAS, the agreement of the City of Omaha, 10808 Fort Street Omaha-NE,
LLC, a Delaware Limited Liability Company, and Hy-Vee, Inc., an Iowa Corporation, has been
finalized and is attached to this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
By
Councilmember
Adopted
City Clerk
Approved
Mayor
F
c-25A cunt OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr July 23, 2002
PAGE 2
THAT, the attached Public Improvement Agreement between 10808 Fort Street
Omaha-NE, LLC, a Delaware Limited Liability Company, Hy-Vee, Inc., an Iowa Corporation
and the City of Omaha, a Nebraska political subdivision, for a median break to access the
property located at 108th and Fort Streets, to be paid for by the Owner and Developer, is hereby
approved.
APPROVED AS TO FORM:
2M?
ATTORNEY DATE •
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By
Co i mem.er
Adopted - JUL lAl a - 0
City Clerk
Approved 4, / 2.�
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