RES 1999-0244 - Subdivision agmt, Beverly Hills Replat 4 I
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= r February 2, 199� �a(1 �'
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Omaha,Nebraska 68183 0601
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4TD FEBRVr r... -
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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:
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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.
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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
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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
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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...
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