RES 2002-0574 - Subdivision agmt, Iron Mountain y , to
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;,� '� ublic Works Department
v "6t,c,c4U, Omaha/Douglas Civic Center
z ��C `"' 02 5 1819 Farnam Street,Suite 601
ro®� ' � „ . February 26, 2002 � Omaha,Nebraska 68183 060]
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OA�FD FEBRVr�y (402)444-5220
CITY Y C L t F Ic Telefax(402)444-5248
City of Omaha 0 M A H A, N E$R A S K 4 Norm Jackman,P.E.
Mike Fahey,Mayor Acting Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement between the City of Omaha and Iron
Mountain.Records Management,Inc. This Subdivision Agreement covers the public improvement
of Iron Mountain Addition of Douglas County, Nebraska located south of 17th and Leavenworth
Streets.
This Subdivision Agreement stipulates which public improvements will be built by Iron Mountain
Records Management, Inc. in Iron Mountain Addition. The Plat vacates 17th Street south of
Leavenworth Street. The Agreement sets the value of the 17th Street vacation at $43,000.00 for
17,500 square feet of property. This amount is to be paid to the City by the Subdivider prior to
recording the Final Plat. The entire cost of improvements made in this.development will be paid by
the Subdivider.
The Subdivision Agreement will benefit the City of Omaha and the Subdivider in clarifying the
responsibilities of the parties in building and maintaining the improvements in the subdivision.
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
Z / in conformance with the Master Plan.
7-7,1Z--(--(AA—- Z -fr a 2*.-
y„.� Norm Ja -Ian, P.E. Date e��yY\ 'obert C. Peters Date
Acting Director Planning Director
Approved as to Funding: Ref to City Co cil for Consideration:
./10.44,114ere clid0.7. - 57 2 '-/2 —e5 /__
Stanley P. Tim Date Ma or's Offi Date
Finance Director
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SUBDIVISION AGREEMENT
IRON MOUNTAIN
This Subdivision Agreement, made this /4/ day of , 2002 by and
between Iron Mountain Records Management,Inc.,a Nebraska corporation(hereinafter referred to
as "Subdivider"), and the City of Omaha(hereinafter referred to as "City").
WHEREAS, the Subdivider is the owner of the land shown on the proposed plat attached
hereto as Exhibit "A" (hereinafter referred to as "Property"), and
WHEREAS,the Subdivider has connected into the sewer system of the City of Omaha,and
WHEREAS,the Subdivider and City desire to agree on the method for the installation and
allocation of expenses for public improvements to be constructed in the property.
NOW, THEREFORE, in consideration of the above the following is agreed between the
parties hereto:
1. Public Improvements. Attached hereto as Exhibit "B" and incorporated herein by
reference are plats showing the public improvements to be installed on the property,i.e.storm sewer,
sanitary sewer, and paving of public streets (hereinafter referred to as "Improvements"). All
improvements must receive the approval of the Public Works Department of the City prior to
construction.
2. Water, Gas, and Electrical Power. If necessary, the Subdivider agrees to enter into an
Agreement with the Metropolitan Utilities District regarding all water and gas line extensions on the
property, and into an Agreement with the Omaha Public Power District for power lines to be
installed on the property. Copies of all Agreements with the Metropolitan Utilities District and the
Omaha Public Power District will be provided to the City within four months from the date of this
Agreement if such agreements are necessary. The Property consists of improvements previously
constructed and the Subdivider intends to remove and reconstruct an existing facility and utilize the
vacated 17th Street as part of the project. As a result, water, gas and electrical power serve the
Property.
3. Installation of Improvements. The Subdivider agrees to commence the timely and orderly
installation of the improvements following execution of this Agreement,pursuant to Section 53-9
of the Omaha Municipal Code. These improvements, including the filling or removing of the
existing 18" pipe, shall be completed and certified to prior to receiving a Certificate of Occupancy
for the building.
4. Payment for Improvements. The Subdivider shall pay the cost of all of the improvements,
as well as all charges by the Metropolitan Utilities District for water and gas line installation and
charges by the Omaha Public Power District for underground electrical service or overhead power
installations.
5. Sidewalks. Sidewalks are existing at the location. The Subdivider shall repair and/or
replace damaged sidewalks upon completion of the project.
b. Right to Connect to City Sewer System. The City hereby acknowledges that it has given
the Subdivider the right to connect the sanitary sewer system of the property to the City sanitary
sewer system, subject to obtaining proper permits and paying the regular fees. The Property is
within the downtown area and is connected to the sanitary sewer system of the City. No interceptor
sewer fee is due.
7. Waiver of Right to Object to Paving District. If the City of Omaha creates a paving
district for the purpose of paving 1 8th Street adjacent to the Property south of Leavenworth, the
Subdivider agrees to waive any objection to the formation of such Paving District,and agrees to pay
its fair assessment for the same based upon the special benefit to the Property.
8. Vacation. As part of the platting of the Property the City is vacating 17th Street south of
Leavenworth Street south to Subdivider's property which is shown on the final plat of Iron
Mountain. The Subdivider shall pay the City prior to recording the plat,$43,000.00 for the property
being vacated within 17`h Street.
9. The Building within the Vacated 17th Street. The Subdivider intends to construct a
building over a portion of the vacated 17th Street. The Subdivider shall remove or fill the 18" pipe
within the street vacation. These plans shall be included with the building permit application. Also,
it is recognized that the proposed building will block the natural storm water path. The Subdivider
agrees to install an adequate private storm water system to include inlets and piping under the
proposed building to handle this drainage. The Subdivider shall maintain this private drainage
system and shall assume any and all liability for flooding or damage to the building resulting from
such use of the vacated area.
10. Binding Effect. This Subdivision Agreement shall be binding upon the parties, their
respective successors and assigns and run with the land shown on Exhibit "A".
ATTEST: CITY OF OMAHA
3ryoz
CITY CLERK OF THE CITY OF OMAHA MAYOR
APPROVED A TO FORM: SUBDIVIDER:
Iron Mountain Records Management, Inc.,
a corporation
By:
is General Man
2
SUBSCRIBED and sworn to before me this % day of 111, al7 , 2002 by
"az,.f of A'."-eke the General Manager of Iron Mountain Records Management,
Inc., a corporation.
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l3EN RAL 0;11Y-State ql,J eie
I�I� JAMES E.,I A!3" `'t
My Comm.Exp.Sept04 t
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EXHIBIT "A"
(1 of 2 pages)
LEGAL DESCRIPTION
Iron Mountain Addition
Lot 1, inclusive, part of Block 7 and 8, and part of 16'" and 17' Street, Omaha,
located in Section 22,T. 15 N.,R. 13 E. of the 6'P.M.,Douglas County,Nebraska
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Exhibit "A"
(2 of 2 pages)
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Iron Mountain Records Management, Inc. proposes to build a
Subdivision,Iron Mountain Addition,which will be located south of 17th and Leavenworth Streets;
and,
WHEREAS,Iron Mountain Records Management,Inc.wishes to connect to Omaha's
sewer system,the system of sanitary sewers to be constructed by the subdivider within the area to be
developed; and,
WHEREAS,the parties wish to agree upon the manner in which public improvements
will be built by Iron Mountain Records Management, Inc. and to clarify the responsibilities of the
parties in building and maintaining the improvements in the subdivision; and,
WHEREAS, the Plat vacates 17th Street south of Leavenworth Street; and,
WHEREAS,the Subdivider agrees to pay the City$43,000.00 prior to recording the
Plat,for 17,500 square feet of vacated 17th Street; 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 Iron Mountain
Records Management,Inc.,as recommended by the Mayor,providing for the public improvements,
and sewer connections to the Omaha sewer system, and establishes the value for the 17th Street
vacation, is hereby approved.
APPROVED AS TO ORM:
CITY ATTORNEY DATE
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----
ByY.--�- '
emer
Adopted , ...i..2: . ..... 7 0
,,.. , ,,, / 0*. •
.City Clerk
Approved (:),-1-7
Mayce!, 2----
NO. C.V7 Gw
' Resolution by
Res.that the Subdivision Agreement between /...e.o-fi-e4,u/z
the City of Omaha and Iron Mountain Records \ {t '
Management, Inc., as recommended by the / 7 1
Mayor, providing for the public '
improvements, and sewer connections to the i ,
Omaha sewer system, and establishes the f',, / .
value for the 17th Street vacation, is hereby .Y • ,` ,'
•
approved. The Subdivision is known as Iron
Mountain and is located south of 17th and
Leavenworth Streets.
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•
Presented to City Council
FEB..2 6 2002
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MAR 1 2 2002 Adopted -o
euoier drown
City Clerk