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RES 1999-0244 - Subdivision agmt, Beverly Hills Replat 4 I � ,*ices'. 2-es ?tV-Y/ rosii y Public Works Department 'z alt,`f j%"' 559 Omaha/Douglas Civic Center = r February 2, 199� �a(1 �' �®,�'.1�y� O1 '�, �� ��� �� '� 1819 Famam Street,Suite 601 Cis•` - "' ' ' `' • Omaha,Nebraska 68183 0601 A�ry r. �� �y CIT.,' '"' (402)444-5220 4TD FEBRVr r... - t Ia t l A, :E "' `'�` Telefax(402)444-5248 City of Omaha Don W.Elliott,P.E. Hal Daub,Mayor Public Works Director Honorable President and Members of the City Council, The attached Resolution approves the Subdivision Agreement between the City of Omaha and Midwest Neuro Science Center,LLC. This Subdivision Agreement covers the public improvement of Beverly Hills Replat 4 of Douglas County, Nebraska located Southwest of Beverly Drive and Farnam Street. The Subdivision Agreement stipulates that the City will create a Street Improvement District to install a cul-de-sac on Beverly Drive to eliminate traffic between Farnam Drive and the new cul-de- sac. The Subdivision Agreement states that Midwest Neuro Science Center LLC agrees to a voluntary assessment of $75,000.00 as its share of constructing the project. The Subdivision Agreement also states that Midwest Neuro Science Center LLC will dedicate the right-of-way necessary to construct the cul-de-sac. Midwest Neuroscience Center LLC intends to seek the right- of-way vacation of Beverly Drive between Farnam Street and the cul-de-sac and the Subdivision Agreement stipulates the City agrees to waive any fee or cost associated with such vacation. 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 in conformance with the Master Plan. ir's >:),,Z •G/5-19, / • 9 7 Don W. Elliott, P.E. Date Robert C. Peters Date Director Acting Planning Direct Approved as to Funding: Referred City Council for Consideration: l� //S/9? . Vyil fe4ouis A. D,o&..gtt' Date Mayor's Office/Title Date inance Director P:\Pwi\6742.SAP SUBDIVISION AGREEMENT This Subdivision Agreement made this 5A day of , 19 , by and between Midwest Neuro Science Center LLC, a Nebraska Lip ' ed Liability 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 agrees to participate in a Street Improvement District to be formed by the City which among other things will cause a cul-de-sac to be built on Beverly Drive at or about the south end of Lot '2 of Exhibit "A"; and WHEREAS, the Subdivider wishes to connect the system of sanitary sewers to be constructed within the property to 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. Street Improvement District for Beverly Drive: Subdivider agrees to participate in and execute any and all documents reasonably required of it for the formation of a Street Improvement District formed for the purpose of construction a cul-de-sac at the south end of Beverly Drive and Lot 2 of Subdivider's plat. With regard to the Street Improvement District, Subdivider agrees as follows: a) It agrees to a voluntary assessment of Seventy-Five Thousand ($75,000) Dollars; b) To dedicate additional right-of-way on the west side of Beverly Drive at the southeast corner of Lot 2 of Subdivider's plat to accommodate the construction of a standard radius residential cul-de-sac; and 1 c) To initiate (in conjunction with Children's Hospital) the vacation of Beverly Drive right- of-way from the north end of the cul-de-sac to Farnam Street. The City agrees to waive any fee or cost associated with such vacation. 2. Water, Gas and Electrical Power: 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. 3. Payment for Improvements: The Subdivider shall pay the cost 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. 4. Sidewalks: Sidewalks along both sides of all public streets within or adjacent to the area to be developed shall be constructed by the Subdivider according to the following schedule: a) Sidewalks shall be constructed immediately abutting undeveloped lots on either side of any block or cul-de-sac (i.e. circle) as soon as the lots comprising 65% of the abutting footage on such side have been developed. A lot shall be developed for the purpose of this section when a dwelling has been constructed on the lot. b) Sidewalks shall be constructed immediately abutting developed lots as soon after development as weather shall permit. c) In any event, all sidewalks shall be constructed upon both sides of all public 1 , . streets within the property within three years of the recording of the subdivision plat. 5. 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. 6. Binding Effect: This Subdivision Agreement shall run with the land and be binding upon the parties, their respective successors and assigns. Executed by Les be c- # aSe4of Midwest Neuroscience Center LLC, Developer, this 3 I day of DQ(WM , 199k. liaa c_- .. ' /# , ‘4 i Executed by the City of Omaha, Nebraska, this day of 1997. ATTEST: CITY 0, 2: tA A Cl CLERK OF THE CITY OF OMAHA MAYOR SUBDIVIDER: MIDWEST NEURO SCIENCE CENTER APPROVED AS TO FORM: LLC, a Nebraska Limited Liability Corpor ion �/ B C_ ?padio,1441 C NEY Title i I ..* 0 • STATE OF NEBRASKA ) ss. COUNTY OF DOUGLAS The foregoing instru7ec[r ent wa ac ow edged befor me this 3/ day of C��J , 199 by , f ipti5e ,'l7 to me known to be the (ir rJ)q i� Q�of Midwest Neuroscience Center LLC. GERM NOTARY•Safe ott4saa a No y blic TAWAYdMARR STATE OF NEBRASKA ) ss. COUNTY OF DOUGLAS ) The foregoing instrument was acknowledged before me this , #day of l�t°e rua , 1991 by Hal Daub, Mayor and City Clerk'-e#a the City of Omaha. Notary Public STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) The foregoing instrument was acknowledged before me this _ day of , 199_by , Assistant City Attorney, of the City of Omaha. Notary Public • vas worm o I •ou,•soijoosss y uuo,s*eZ j•dws1 I _ • 111f1— 1.. L_i, till iii: I • 1 141 N il :I I < •I 1 Jj li co '. ;;;;1414:111,1i t1ll1kNi � 1 1k' i};' 1; II1 -' -'j. i!1Iil l• �•ir. 1 • i r�. 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C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr February 2, 19 99 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Midwest Neuro Science Center LLC proposes to build a Subdivision, Beverly Hills Replat 4, which will be located Southwest of Beverly Drive and Farnam Street; and, WHEREAS, Midwest Neuro Science Center LLC 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 the City and to clarify the responsibilities of the parties in building and maintaining the improvements in the subdivision; and, WHEREAS,the City will create a Street Improvement District to install a cul-de-sac on Beverly Drive toward the southerly property line of Lot 2 of Beverly Hills Replat 4; and, WHEREAS,Midwest Neuro Science Center LLC agrees to a voluntary assessment of$75,000.00 to help pay for this project and agrees to dedicate the necessary right-of-way to construct the cul-de-sac; 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 Midwest Neuro Science Center LLC, as recommended by the Mayor, providing for the public improvements and sewer connections to the Omaha sewer system, is hereby approved. APPROVED S 0 RM: S IS CITY ATTORNEY DATE P:\PW I\6743.SAP By. Cou ilmember Adopted FEB 21999 City /k Approved... Mayor ' , r 1 7 •' , ,fir. 5 �cc) ¢+ FAT 2.. (D a �, .. J • N cci�. N `C� n`C ,• ` c Ftl, " r7y "- n C O 0 Al 0: ` \ .. Y R' O O O+ N F•F' r F"D o �C 0 e.w 1 n �p (IQ r R `� Z ZV O 1 V) c, cs �. O n • C. OV . 't ' : , f !:.S. ..., \ ,_,_, .-klp S,Cil; (127 o'-'<';'t C'9 .:-1-3-'r D ,,,cnP i g. l 11 n, 0'4 ' \.., . �t C. ! O cn C `p `� cD C C ci)O = Cr t' CD :5-- C gCo \ . S