RES 1999-3195 - Amendment to subdivision agmt, Altech Business Park Replat 3 v • <p 4vees
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i E C E I V E D Public Works Department
Omaha/Douglas Civic Center
Ij ( .a -5 AM 10: (i 6 1819 Famam Street,Suite 601
C �► mOmaha,Nebraska 68183-0601
o.f- -» November 16, 1999
Ao �ry, i'S?` �°,� (402)444-5220
P pp �""0 Telefax(402)444-5248
4TED FEB0' 0 14 II A, 'v E(1 RASKA Don W.Elliott,P.E.
City of Omaha
Hal Daub,Mayor Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Amendment to the Subdivision Agreement between Ted
Grace Development, LLC, Sanitary and Improvement District (S.&I.D.) 422 of Douglas County,
Nebraska and the City of Omaha. The Subdivision Agreement covered the public improvements
for Altech Business Park and was approved by the City Council on March 31, 1998.
The Amendment revised the Subdivision Agreement to reflect the new lot line configuration for
Altech Business Park Replat 3, which is the replat of Lots 18, 19, 22, and Outlot "D". The
Amendment also provides for additional Interceptor Sewer Fees of$1,191.07. All other aspects
of the original Subdivision Agreement remain the same.
The Public Works Department requests your consideration and approval of the attached
Resolution and Amendment to the Subdivision Agreement.
Respectfully itted, This action has been reviewed and found to
be in conformance with the Master Plan.
/r"
'eon . Elliott, P.E. Date Robert C. Peters Date
f14Director Acting Planning Directo ..
Approved as to Funding: . Referred to City Council for Consideration:
f
t 6‘C 2 —
Louis A. D'Ercole z' Date Mayors Office/ Date
Finance Director
P:\PW1\4860.doc
;
AMENDMENT
TO
SUBDIVISION AGREEMENT
This amendment to Subdivision Agreement is made and entered into this J'1 day of
, 1999, by and between Ted Grace Development LLC ( "Subdivider"), Sanitary
and Improvement District No. 422 of Douglas County, Nebraska, ("District"), and the City of
Omaha, a Municipal Corporation in the State of Nebraska("City").
WITNESSETH:
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 within the City's zoning and platting
jurisdiction; and
WHEREAS, the area to be developed is a replat of an area, attached hereto as Exhibit `B",that
the Subdivider, the City, and the District, entered into a Subdivision Agreement(hereinafter
referred to as the "Agreement"), adopted by the City Council of the City of Omaha on March 31,
1998, via Resolution No. 761, setting forth certain conditions; and
WHEREAS, the Agreement needs to be amended to reflect the replat of Lots 18, 19, 22 and
Outlot D; and
WHEREAS, the Subdivider does not desire any change in zoning nor any change in the
previously platted public right-of-way; and
WHEREAS, the Subdivider and the District do not desire to change any of the public
improvements shown on Exhibits B through E of the Subdivision Agreement; and
WHEREAS, the interceptor sewer fees paid under the previous Agreement need to be adjusted to
reflect the replatting of the property shown on Exhibit"A" and the District shall make payment
to the City in the amount of$ . The additional fee has been computed as follows:
Fees Now Due For Lots 1 & 2,Replat 3:
Lot 1 3.14 Ac. @ $3878.16/Ac. _ $12,177.42
Lot 2 1.48 Ac. @ $3878.16/Ac. _ $ 5,739.68
. Total .. . _ $17,917.10
J
V . .
Fees Previously Paid For Lots 18, 19, 22, &Outlot D:
Lot 18 1.57Ac @ $3878.16/Ac. = $ 6,099.64
Lot 19 1.53Ac.@ $3878.16/Ac. = $ 5,938.68
Lot 22 1.21Ac.@ $3878.16/Ac. = $ 4,687.71
Oulot D = $ 0.00
Total Previously Paid = $16,726.03
Total Now Due=$17,917.10-$16,726.03 = $ 1,191.07
NOW,THEREFORE, the following is agreed between the parties hereto:
1. Exhibits "B" through "E" of the Agreement shall remain in effect irrespective of any
differences in lot numbering and lot configuration.
2. That Exhibit A of the Agreement be amended to show the replat(Exhibit A attached
hereto) of Lots 18, 19, 22, and Outlot D (Exhibit B attached hereto).
In all other respects, the Agreement shall not be affected hereby.
IN WITNES WHEREOF, the executing parties, by their respective duly authorized agents, have
entered into this First Amendment to Subdivision Agreement.
ATTEST: CITY OF OMAHA
4,72‘,47 . -
By ��, � la 17
City Clerk Mayor -'mat
ATIhST: SANITARY AND IMPROVEMENT DISTRICT
NO. 422 OF DOUGLAS COUNTY,NEBRASKA
,LcI�f (Aar By I �.J� tf _ z r os�i Q
Clerk �/ Chairman Date
ATTEST: TED GRACE DEVELOPMENT LLC
kitze,- a )1 By �v /J�.� PA"N 2 Ock 5`�
/ Ted V. Grace, Manager Date
APPROVED AS TO FORM:
it -ttorney
" -
1
1
AL TECH B USING' REPLAJ�� ���� T 3
LOTS 1 AND 2
BONG A REPLAT OF LOTS 18, 19, 22 AND OULOT "D" OF ALTECH BUSINESS PARK, A
SUBDIVISION AS SURVEYED, PLATTED AND RECORDED IN DOUGLAS COUNTY, NEBRASKA.
p LINEAR TRAIL CORRIDOR EASEMENT SANITARY
✓j�,�' ,3 GRANTED TO THE CITY OF OMAHA SEWER
fU121 (SEE RECORDED DOCUMENT) 4411'^r. EASEMENT
GRANTED TO
ZZ .i1 n k ‘, IMPROVEMENT
EMENTSANITARY D
INGRESS AND EGRESS EASEMENT I
��� ( SEE RECORDED DOCUMENT ,1 DISTRICT NO.
) S35'47'00"W r N47'16.38"W 422 (SEE SCALE 1" = 100'
382.98' ': z 202.45' RECORDED
r 20.00 FOOT WIDE PERMANENT ,' ``':�� (I' DOCUMENT)
1� l SEWER EASEMENT GRANTED TO a �� T
I_11ILI THE CITY OF OMAHA RECORDED LOT 17 / �' �' 'DO 1114 OUTLOT "A"
IN MISC. BOOK 659 AT PAGE f ��a re�tjJ /
307 OF THE DOUGLAS COUNTY 7::.-, s`rs�'�� 11 j r
RECORDS. ,' ..% s sJ �l r
, ) '� u�l N60'15'17"W
fob 39 ��1[ 179.38'
SEWER AND N. ,. ;1.' P' l
DRAINAGE S88'57'1 1"W `•'S) `9 >j i /
EASEMENT �` 22.13' 9`?B ��• 111 1t;�
GRANTED TO \ ! LOT I `1J1
s.
�':a SANITARY AND ijn
=.a IMPROVEMENT \ ` 136.919 SQ. FT g35-7'43/' lI0i.
-- -' DISTRICT NO. ` g0�6 '' OR 3.14 ACRES f' �;1
422 (SEE `' s w
RECORDED LOT 24 \ ••233%►0•
DOCUMENT) ��o oo) 22.7 I 1" 50.95' CHORD) A6 , w
�, N_ `3 (2os.n) (51.02' ARC) o9
`ai N35'47'00"E CC
i .s�,,i2 ;?y----244.98' \ F-
------ �// ,# •—,'j/A /,/ i/ `�,48 r,, if�,
RADIUS = 330.00' —-- i �il199.42'' �//i33.29' 'e� 44 �' °°J 1� N
CHORD BEARING = S12'49'03"E ~ o� . LOT 20 \ ,
CHORD DISTANCE = 102.15' N88'57'11"E ,
w 199.42' - 733 ` o :-•
ARC DISTANCE = 102.56' w - At. 1 ^. ,(ti°' `ti
CL
j °e.) j RADIUS = 275.00� I L
LOT 25 , as CHORD BEARING = N24'55'29"W
w 11...4 042.39' CHOR /`flr, CHORD DISTANCE = 222.63' I `r
RADIUS = 225.00' LOT 23 I a°, (144.88 ARC)—,......,Y// ��/� ARC DISTANCE = 229.21' a'
CHORD BEARING = N89'43'01"E N a;cn N LOT 2 ��%0n
CHORD DISTANCE = 6.00' ' « o co I 64,494 SO. FT ;V
s000)� LOT 21
ARC DISTANCE = 6.00' NI I o`�I OR 1.48 ACRES N _ NO1'02'49"W
POI- BGINNNG : O° 0 9Qi !_ .00'
%,_ OO o 00/�A
— — ----. --F— -- - S -T R E- E T -
NOTES : —-—- —-—
•1. ALL DIMENSIONS IN PARENTHESIS N88'57'1 1"E / I
PERTAIN TO EASEMENTS ONLY. 269.00' SE CORNER OF THE EAST 1/2 OF '
2. THERE SHALL BE NO DIRECT SECTION 35, T15N, R11E OF THE I
VEHICULAR ACCESS ONTO "F" • 6th P.M., DOUGLAS COUNTY, NEBRASKA.
ExCEr-r' A-r 'T ie AccESS
EASEMEtvC S1-+ow ).
n n
EXHIBIT A
_ , ...
f .
Isla
Nilliiiliii
0' 60' 100' 200'
SCALE IN fEET '
•
ye. AN \,,...„_ 125A0' 1441h STREET
RRICNTATIO A7
IOW
16 NO, AKc>4'To 8yq� �ti a, s00'33'23 e
'`,,‘,,moo'.fk 17 CA'si,• R� 9 '. / 176,0506'23'48'W
T \ i 0, 4� i�`y / 13.00'
',,,�, \ �\i� qb Sir 1 g �, /;�� \. ��°/ 51255.41' ,
''.i, • \•... �!'�tt Ne / I NOTE:THERE SNALI.GE NO DIRECT
1 \ 8 �. . .� / t NE111CUlAR ACCESS ONTO
24 1 \\$`a � /q� ��, '7`G�: ; / 188.60' w 0.
2 AND OIJiLGT'..A.
tr. $ 427/04 \1 516'22'00"E ( O:
273.25' fl \ . I 206.77 % 20 1!( 41 \ 201.10' , ►.
cn
16.5116-.4�8.00• i 'BJ. / $ l w_,��`` 1 .�
2. 206.58' 1
• a 1
` •; �. v. :.wn. ... 1 127.34' }r
d (I •Olj ; (Hi954
„ L .. iu sr
: f
25 • 23 ► I
'
ed 22 °� �- 21 $_c$ c
2'6, .a s j s ..� 219.00' /.,f 212.00' ` Ir
_J
E E T (tsoo) (1a.a0) (100.00) — :5711'W—�'"r"- T
SOD 33'2,7'E 503.42'
TVINERC Swtµ BE NO O?R£GT (POINT OF OEGlttNING) 50.00
ilCulJR AocEss ONTO
LIkESwar
T rLOTR'HE2S0uTN . 5F CORfER Or THE EAST 1/2
23 2. I OF SECTION 38, T15N. R K OF
2Z. aND 21. Tsr rtrw 0 u trim.'Rc.•rwnm.
slckAts tom' PS`
`C 25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr November 16, 19 99
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Ted Grace Development, LLC proposes to build a subdivision to be
known as Altech Business Park Replat 3 which will be located Northeast of 147th and "F"
Streets; and,
WHEREAS, Sanitary and Improvement District (S.&I.D.) 422 will build public
improvements in this subdivision; and,
WHEREAS, Ted Grace Development, LLC and S.&I.D. 422 wish to construct a
sanitary sewer system and connect said system to the Sanitary Sewer System of the City of
Omaha; and,
WHEREAS, the parties wish to agree upon the manner and the extent to which
public funds may be expended in connection with public improvements to be constructed within
the area to be developed or serving the area to be developed and the extent to which the
contemplated public improvements specifically benefit property in the area to be developed and
to what extent the cost of same shall be specially assessed; and,
WHEREAS, the parties entered into a Subdivision Agreement approved by City
Council on March 31, 1998; and
WHEREAS, Altech Business Park Replat 3 is a replat of Lots 18, 19, 22 and
Outlot "D" of Altech Business Park; and,
WHEREAS, S.&I.D. 422 agrees to pay $1,191.07 as a sewer connection fee to be
used for the construction of the sewers in the Papillion Creek Watershed; 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
CITY OF OMAHA:
By
Councilmember
Adopted
City Clerk
Approved
Mayor
. e
` C-2sA CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr November 16, 19 99
PAGE 2
THAT, the Amendment to the Subdivision Agreement between, the City of
Omaha, Sanitary and Improvement District 422 of Douglas County, Nebraska and Ted Grace
Development, LLC, as recommended by the Mayor, providing for the sewer connection to the
City of Omaha sanitary sewer system, is hereby approved.
APPROVED AS TO FO .
hY ATTORNEY D
By 6) 4.(?Il....A"crxa.e.A..
Councilmember
Adopted D ......1.4...1999 9=D
CityC
Approved`'. I' ..
Mayor
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