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ORD 33646 - Development agmt south of Blondo St at Papillion Pkwy di q 4 v.3?‘"<6. (....- ,4. 7 4—etteiz/6: c+ . `FY I o Ao�"IrEDFEsit-t' September 12, 1995 City of Omaha sp • Hal Daub,Mayor 1 c rl Planning Department = rn r -a , Omaha/Douglas Civic Center i 1819 Farnam Street,Suite 1100 f- { ' G`i Omaha,Nebraska 68 1 83-0 1 1 0 u? " (402)444-5200 " (402)444-5150 IJ, 7• - -;, • Telefax(402)444-6140 �- Honorable President and Members of the City Council, The attached Ordinance approves a Development Agreement for property located South of Blondo Street at Papillion Parkway (Vanderbuilt Two). The applicant is Richdale Properties Associates. The development agreement includes provisions for public improvements, site development standards and assures that the proposed development(Vanderbuilt Two) will be carried out in accordance with the approved development agreement. Respectfully submitted, Referred to the City Council for Consideration: L1 .),�` Steven Jensen Acting Planning Direct Mayor's Off ' le P:\PLN1\1194.MAF ORDINANCE NO. 33 AN ORDINANCE to approve a Development Agreement for property located South of Blondo Street at Papillion Parkway (Vanderbuilt Two) between the City of Omaha, Sanitary & Improvement District No.406 of Douglas County,Nebraska,and SFI LTD.PARTNERSHIP 10, a Nebraska limited partnership, including provisions for public improvements, site development standards, and assures that the proposed development(Vanderbuilt Two) will be carried out in accordance with this development agreement;and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City of Omaha,in the interest of maintaining public health, safety, and welfare, desires to assure that the property located South of Blondo Street at Papillion Parkway (Vanderbuilt Two) is developed in accordance with the provisions of this Development Agreement attached hereto and made a part hereof by reference. Section 2. That is this Ordinance, Development Agreement, or portion thereof, is found to be invalid,any ordinance,law,statute,or regulation applicable to such site shall not be invalidated for such reason. Section 3. That this Development Agreement, is hereby approved. Ordinance No. 33 e* Page 2 Section 4. That this Ordinance shall be in full force and take effect fifteen(15) days from and after the date of its passage. INTRODUCED BY COUNCILMEMBER 4,9..t--- P , APPROVED BY: 4e- i' -''' 124. PASSED $EP 2 6 19�5 f-e ACTING _z / Ac MAYOR OF HE CITY 0 OMAHA ATTEST: r ITY LE r* OF THE IA TY OF OMAHA r . APPROVED AS TO FORM: ITY ATTORNEY P:\PLN1\1195.MAF DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (hereinafter "Agreement") is made pursuant to Chapter 55, Omaha Municipal Code on this day of , 1995, by and between THE CITY OF OMAHA, NEBRASKA, a Municipal C oration (hereinafter "City"), SANITARY & IMPROVEMENT DISTRICT NO. 406 OF DOUGLAS COUNTY, NEBRASKA (the "SID"), and SFI LTD. PARTNERSHIP 10, a Nebraska limited partnership (hereinafter "Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real estate described on the attached Exhibit A, which is incorporated herein by this reference (herein called the "Property") and desires to establish and develop such Property according to the provisions of Chapter 55, Omaha Municipal Code, for the development of a residential project commonly known as "Vanderbilt Two" (herein called the "Project") on the Property; WHEREAS, in accordance with the requirements of the City Code, Developer has presented a Development Plan to the City; and WHEREAS, City, in the interest of maintaining the public health, safety and welfare, desires to assure that such Project is developed substantially in accordance with the Development Plan and therefore considers this Agreement to be in the best interests of the City; and WHEREAS, Developer is willing to commit itself to the development of a Project substantially in accordance with the Development Plan and desires to have a reasonable amount of flexibility to carry out the development and therefore considers this Agreement to be in its best interests; and WHEREAS, the City, SID, and Developer desire to set forth in this Agreement their respective understandings and agreements with regard to the Project. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: I. Definitions For the purposes of this Agreement, the following words and phrases shall have the following meanings: A. The "cost" or "entire cost" of a site improvement shall be deemed to include all construction costs, engineering fees, attorneys' fees, testing expenses, publication costs, financing costs, and miscellaneous costs. In this connection, financing costs shall include all fiscal agent's, warrant fees and bond fees, and interest on warrants to date of levy of special assessments. The date of the levy • of special assessments shall mean within six (6) months after acceptance of the improvement by the Board of Trustees of the SID. B. "Property benefitted" shall mean property within the Developer's Project (Exhibit "A") which constitute building sites. C. "General obligation" shall mean unassessable capital costs. D. "Site improvement" shall mean any building, parking, landscaping, signage, fencing, or other regulated structures. II. Development Plan A. Except as otherwise permitted in this Agreement the Project shall be developed in accordance with the Development Plan a/k/a site plan, which is attached hereto as Exhibit B, and by this reference incorporated herein. B. It is intended that this Development Plan be a general schematic of the development. All parties recognize that from time to time for good and sufficient reasons it may be necessary for Developer to alter the size or location of the buildings or other site improvement. Developer reserves the right to modify the Development Plan provided that such modifications conform to the provisions of Chapter 55 of the Omaha Municipal Code. III. Improvements The parties agree that the following improvements shall be installed and the entire cost of such improvements shall be defrayed as follows: A. If a sanitary sewer construction assessment has not been paid, an equivalent front footage charge for sanitary sewer connection shall be assessed. The Chief Plumbing Inspector of the Permits and Inspections Division shall not issue a permit for such sewer connection until Developer shall have paid an equivalent front footage charge for the number of front feet of the entire Property with which such connection is sought to be made. The equivalent front footage charge shall be the current charge in conformance with the requirements of the Omaha Municipal Code. It is understood and agreed that the Developer's obligation with respect to the equivalent front footage charge for the sanitary sewer connection for the entire Property in connection with the Project shall be limited to $15,862.50. This charge is computed by multiplying the $23.50 per linear foot current charge by 675 linear feet (which is the approximate distance along Blondo Street adjacent to the Property, less the strip of real property described in Paragraph VI(c) herein). 2 B. Interceptor sewer fees will be paid by Developer to the extent required by law for the number of apartment units on the Property within the area to be developed at the time that building permits for the specific structure(s) are obtained based upon the number of apartment units being constructed at such time. Payments shall conform to the provisions of the Omaha Municipal Code applicable at the time the permit is sought. The present rate for such fees is $356.40 per unit. C. City hereby acknowledges it has given Developer the right to connect the sanitary sewer system serving the Property to the City sanitary sewer system, subject to obtaining proper permits and paying the fees stated in paragraphs A and B of this Article III. D. Water and gas distribution mains located within dedicated street right- of-way shall be installed according to the terms of a contract with the Metropolitan Utilities District (MUD) and shall not be a SID cost. E. Street lighting for public streets shall be installed according to the terms of a contract with the Omaha Public Power District (OPPD), and the entire cost thereof shall be paid from the operating fund of the SID. F. Underground electrical service to the Project shall be installed according to the terms of contract between OPPD and the Developer. None of the entire cost of the installation of electrical power service serving the Project shall be paid by the SID. Any refunded charge from the Omaha Public Power District shall be paid to the Developer. G. Developer shall install at its own cost and expense all internal sidewalks shown on Exhibit B at the completion of each cluster of buildings and as weather permits. The City agrees that permits and certificates of occupancy shall not be denied, withheld or conditioned with respect to improvements constructed or to be constructed on the Property due to the lack of completion of sidewalks except for the certificate of occupancy for the final building to be constructed. H. Developer shall install at its own cost and expense the sidewalks along Papillion Parkway as shown on Exhibit "B" attached hereto on or before the completion of each cluster of buildings that abut such section of sidewalk and as weather permits, however, in any event, all such sidewalks shall be constructed as shown on Exhibit "B" attached hereto within three (3) years from the effective date of this agreement. In the event such sidewalks abut the adjoining curb of Papillion Parkway, then such sidewalks shall be five foot rather than four foot. The Developer shall have no responsibility for the construction of sidewalks along Blondo Street and the City shall be responsible for the construction of such sidewalks. No sidewalks will be required to be installed by the SID, or the 3 • Developer, along the west side of Papillion Parkway where Papillion Parkway abuts the area to be dedicated to the Papio-Missouri River Natural Resources District (herein the "PNRD") for the nature trail and creek maintenance. I. The Developer agrees to have the SID construct the portion of Roadway Extension (herein called the "Roadway Improvement") with concrete paving within the dedicated right-of-way from Blondo Street south to the south property line of the Property, all as shown on Exhibit B attached hereto. The Roadway Improvement shall be constructed in accordance with the specifications set forth on Exhibit B-1 attached hereto. The entire cost of construction of the Roadway Improvement paid for by the SID shall be defrayed as follows: 1. Thirty-three and one-third percent (331/3%) of the entire cost of the Roadway Improvement which abuts the area to be dedicated to the PNRD for a nature trail and creek maintenance shall be paid by special assessment against the property benefitted within the Project, and sixty-six and two-thirds percent (662/3%) of the entire cost of the Roadway Improvement which abuts the area to be dedicated to the PNRD for a nature trail and creek maintenance shall be a general obligation of the SID, all as shown on Exhibit B attached hereto. 2. Sixty-six and two-thirds percent (662/3%) of the entire cost of the Roadway Improvement located north of the area described in Article No. III(I)(1) herein, and which is shown on Exhibit B attached hereto, shall be paid by special assessment against the property benefitted within the Project and by the Mini Warehouse Tract, which is shown on Exhibit B attached hereto, and thirty-three and one-third percent (331/3%) of the entire cost of the Roadway Improvement shall be a general obligation of the SID. The Mini Warehouse Tract, which is not within the SID, shall, at Developer's option, either be specially assessed its proportionate share of the entire cost of the Roadway Improvement (based upon a lineal front foot basis), or pay such sum upon completion. In no event shall the SID general obligation portion of the Roadway Improvement located north of the area described in Article III(I)(1)of this agreement exceed thirty-three and one-third percent (331/3%). J. SID shall improve the east bank of the Big Papillion Creek adjacent to the Property along the boundary thereof running from the south property line of the "Mini Warehouse Tract" shown on Exhibit B to the south property line of the Property (which portion of the Property is herein called the "South Portion") pursuant to FEMA and the PNRD requirements and standards. Such improvements shall include the reclamation of land currently located within the floodway. Such improvements shall be described as the Papillion Creek Channelization Improvements. One Hundred Twenty Thousand Dollars ($120,000) of the entire cost of the Papillion Creek Channelization Improvements 4 • shall be a general obligation of the SID and the remaining portion of the entire cost of the Papillion Creek Channelization Improvements in excess of such One Hundred Twenty Thousand Dollar ($120,000) sum shall be paid by special assessment against the property benefitted within the Project. In the event the Papillion Creek Channelization Improvements exceed One Hundred Twenty Thousand Dollars ($120,000) and the special assessments are deemed improper, then the Developer agrees to pay for such costs in excess of One Hundred Twenty Thousand Dollars ($120,000). It is understood and agreed that neither the Developer nor the SID shall have any obligation to improve (or pay for costs in connection with the improvement of) the Big Papillion Creek adjacent to the Property along the boundary thereof running from the south line of the Mini Warehouse Tract to the north line of the Property. K. Neither Developer nor the SID shall have any obligation to construct (or to pay any costs related to constructing) a recreational trail adjacent to Big Papillion Creek and running along the Property within the area to be dedicated for such use. It is understood that the land to be dedicated by Developer along the South Portion of the Property shall be part of the land reclaimed from the Big Papillion Creek in accordance with J. above. It is further understood that the portion of the Property to be dedicated for such trail from the north line of the Mini Warehouse Tract to the north line of the Property (which portion of the Property is herein called the "North Portion") shall be located entirely in the floodway (subject to the right of the City and/or PNRD to reclaim the same at their expense as provided above). In addition, the City agrees to use its best efforts to construct or cause the construction of such trail adjacent to the Mini Warehouse Site shown on Exhibit B. Notwithstanding anything herein to the contrary, neither the location of such trail within the floodway adjacent to the North Portion as provided herein nor the failure of the City or PNRD to construct the trail adjacent to the Mini Warehouse Tract shall be used by the City or PNRD as grounds for the denial, withholding, conditioning or delay of any permits or certificates of occupancy related to the Project. L. The SID shall install the storm sewers, inlets, manholes and related appurtenances within the dedicated Papillion Parkway as shown in Exhibit B attached hereto, the plans and specifications of which are to be approved by the City prior to starting construction of said improvements. The entire cost for such storm sewer, inlets, manholes and related appurtenances shall be a general obligation of the SID. IV. Installation of Improvements Developer and the SID agree to commence the timely and orderly installation of the improvements it is obligated to construct pursuant to Section III above following execution of this Agreement pursuant to appropriate provisions of the Omaha Municipal Code. Except as 5 B. Except as may otherwise be agreed to by City, all of said SID's levy of special assessments shall be made in such a manner so as to assure that the entire burden of the levy is borne, on an equitable basis, by lots or parcels which are truly building sites. If any lot, parcel or other area within the area to be developed is not a building site by reason of insufficient size or dimensions, or by reason of easements or similar burdens, or for any other reason, then no portion of the total amount shall be levied against said unbuildable lot, parcel or other area. C. The SID shall provide the following information to the City Engineer at least twenty (20) days prior to the meeting of the Board of Trustees of the SID held to propose the levy of special assessments: (1) A detailed schedule of the proposed special assessment and/or the amount of general obligation costs of any improvement or acquisition. (2) A plat of the area to be assessed. (3) A full and detailed statement of the entire cost of each type of improvement, which statement or statements shall separately show: (a) The amount paid to the contractor. (b) A special itemization of all other costs of the project, including, but not limited to, all engineering fees, attorneys' fees, testing expenses, publication costs, financing costs, including, but not limited to, interest on all warrants to date of levy of special assessments, estimated fiscal agent's warrant fees and bond fees. (c) A special itemization of all costs of the SID not itemized in (a) and (b) above. D. The SID agrees that it will not unreasonably delay acceptance of an improvement and that SID shall levy special assessments within six (6) months after acceptance of the improvement. In addition to the above notice requirement, the SID shall also, twenty (20) days prior to the Board of Equalization hearing of the SID, give notice in writing to the City that the Board of Equalization will be convened on that date for the consideration of the levying of special assessments and equalization and apportionment of debt. XI. Other SID Provisions A. Without prior written approval by the City, the SID shall not permit any sewer lines or sewers outside the presently described boundaries to be connected to: the sewer or sewer lines of the SID, any sewer from the SID's boundaries to the sewers of the City, any 8 outfall sewer of the City, or any sewage treatment plant of the City. The City shall have exclusive control over connections to its sewers whether inside or outside the SID's boundaries. The SID shall not collect connection charges for such connections. B. At all times all sewage from and through said SID into the City sewer system shall be in conformity with the ordinances, regulations and conditions applicable to sewers and sewage within the City as now existing and as from time to time may be amended. C. Before any connection from any premises to the sewer system of the SID may be made, a permit shall be obtained for said premises and its connection from the proper department of the City, which permit shall be obtainable on the same terms, conditions, and requirements of the City for the same permit fee of the City applicable from time to time to permit property outside the City to connect to the sewer system of the City; it being expressly understood that the City reserves the right to collect all connection charges and fees as required by City ordinances or rules now or hereafter in force; all such connections shall comply with minimum standards prescribed by the City. D. Notwithstanding any other provisions of this Agreement, City retains the right to disconnect the sewer of any industry, or other sewer user within the area to be developed, which is discharging into the sewer system in violation of any applicable ordinances, statute, rule or regulation. E. The SID warrants that it has not employed or retained any company or person, other than a bona fide employee working for the SID, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working for the SID, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability. The SID shall require the same warranty from each contractor with whom it contracts in any way pertaining to its sewage system. The prohibition provided for herein shall not apply to the retention of any attorney or other agent for the purpose of negotiating the provisions of this Agreement where the existence of such agency has been disclosed to the City. F. Subletting, assignment, or transfer of all or part of any interest of the SID hereunder is prohibited without prior written approval of the City of Omaha. G. The SID expressly agrees that it is and shall be: (1) Bound by and to any provisions of any ordinances, rules and regulations hereafter made and adopted by the City of Omaha applicable to sanitary and improvement districts whose sewers connect directly or indirectly with or into sewers or sewage systems of the City of Omaha; and, (2) Bound by any terms and provisions which by ordinance, resolution, or rule of the City of Omaha shall hereafter adopt or provide as being applicable 9 .440( . to or required in contracts with sanitary and improvement districts or in order to permit or continue the discharge of any sewage from a sanitary and improvement district to flow into or through any part of the sewer or sewage systems of the City of Omaha. H. Audit of SID's Records. The City shall have access at all times to the SID records for the purpose of auditing the accounts pertaining to collection of the Special Sewer Connection Fee (if applicable). XII. Erosion and Sediment Control Developer shall grade the Property and install at its own cost and expense all erosion and sediment control improvements pursuant to the City requirements. Pursuant to City requirements, a written erosion and sediment control plan shall be submitted to the City Engineer and approved prior to commencement of grading. XIII. Parking Parking for the Project shall be in accordance to the Parking Plan, Exhibit B, attached hereto and made a part hereof. The parking shall meet the minimum requirements of the provisions of the Omaha City Code, Chapter 55, Article 14, Off-Street Parking and Loading. XIV. Landscaping Landscaping for the Project shall be according to the Landscape Plan, Exhibit C, attached hereto and made a part hereof. Exhibit "C" is not consistent with Exhibit "B" and therefore Exhibit "C" is to be referred to exclusively for landscaping purposes and for no other purpose. The landscaping shall meet the minimum requirements of the provisions of the Omaha City Code, Chapter 55, Article 13, Landscaping and Screening. XV. Signage Signage for the Project shall be in accordance with the Sign Plan, Exhibit B attached hereto and made a part hereof. The signage shall meet the minimum requirements of the provisions of the Omaha City Code, Chapter 55, Article 18, Signs and Street Graphics and Sections 55-832(a), (b) and (c). Installation of entrance signs or related fixtures and any median landscaping and related fixtures shall be paid for by the Developer. Plans for such proposed improvements that are to be located in public right-of-way and a proposed maintenance agreement for the improvements must be submitted to the City for review and approval prior to the installation of improvements. XVI. Miscellaneous Provisions A. Except as to those terms of this Agreement which relate to the SID, the Planning Director or the Mayor of the City of Omaha shall have the authority to administer this Agreement on behalf of the City and to exercise discretion with respect to those matters contained herein so long as the development proceeds in general accord with the Development Plan and with regard to those matters not 10 fully determined at the date of this Agreement. The provisions of this Agreement shall run with the land in favor of and for the benefit of the City and shall be binding upon present and all successor owners of the real estate described in the attached Exhibit A. B. Nondiscrimination. Developer and the SID shall not, in the performance of this contract, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations, or national origin. C. Applicable Law. Parties to this contract shall conform with all existing and applicable City ordinances, resolutions, State of Nebraska and federal laws, and all existing and applicable rules and regulations. D. Interest to the City. Pursuant to Sec. 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City of Omaha shall have a financial interest, direct or indirect, in any City of Omaha contact. Any violation of this section with the knowledge of the person or corporation contracting with the City of Omaha shall render the contract voidable by the Mayor or Council. E. No separate administrative entity nor joint venture, among the parties, is deemed created by virtue of this Development Agreement. IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first above written. DEVELOPER: SFI LTD. PARTNERSHIP 10, a Nebraska Limited Partnership By: 114th and Blondo, Inc., a Nebraska Corporation, General Partn- By: / �y/ ' Richard H. Slosburg / Type Name President Title 11 • SANITARY&IMPROVEMENT DISTRICT NO. 406 OF DOUGLAS COUNTY, NE By: 41,-1/,..(74: Its: CD ha i rrn Date: CITY OF OMAHA, NEBRASKA Attest: By: )0,e' By: City rk ACT'N tayor Approved as to form: By: Assistan� ttorney STATE OF NEBRASKA) COUNTY OF DOUGLAS) SS. The foregoing Development Agreement was acknowledged before me by Ei aunt t-.acatAv , the PresidCnt of 114th and Blondo, Inc., a Nebraska corporation, the general partner of SFI LTD. Partnership 10, a Nebraska limited partnership, on this 2C1*'1^ day of IVA aft - , 1995. . • \k, J M►cam.6FOS� otary I�ublic 12 • EXHIBIT 'A' LEGAL DESCRIPTION PARCEL) **LEGAL DESCRIPTION** LOT 1, MIRACLE VALLEY ADDITION, A SUBDIVISION, AS SURVEYED, PLATTED AND RECORDED IN DOUGLAS COUNTY, NEBRASKA. AND THAT PART OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 15 NORTH, RANGE 12, EAST OF THE 6TH P.M., DOUGLAS COUNTY, NEBRASKA; DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE S 00° 12' 13"W (ASSUMED BEARING) ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 17, A DISTANCE OF 33.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF BLONDO STREET, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING S 00° 12' 13"W ALONG SAID EAST LINE OF THE NORTHWEST 1/4 OF SECTION 17 A DISTANCE OF 349.72 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF PAPILLION PARKWAY; THENCE ALONG SAID EAST RIGHT OF WAY LINE OF PAPILLION PARKWAY ON THE FOLLOWING DESCRIBED COURSES; THENCE NORTHWESTERLY ON A CURVE TO THE LEFT WITH A RADIUS OF 330.00 FEET, A DISTANCE OF 42.00 FEET, SAID CURVE HAVING A LONG CHORD WHICH BEARS N 28° 03'43"W, A DISTANCE OF 41.97 FEET; THENCE N 31° 42' 28"W, A DISTANCE OF 100.00 FEET; THENCE NORTHERLY ON A CURVE TO THE RIGHT WITH A RADIUS OF 270.00 FEET, A DISTANCE OF 147.17 FEET, SAID CURVE HAVING A LONG CHORD WHICH BEARS N 16° 05' 33"W, A DISTANCE OF 145.36 FEET; THENCE N 00° 28' 38"W, A DISTANCE OF 87.00 FEET TO THE POINT OF INTERSECTION OF SAID EAST RIGHT OF WAY LINE OF PAPILLION AND SAID SOUTH RIGHT OF WAY LINE OF BLONDO STREET; THENCE N 89° 31'22"E ALONG SAID SOUTH RIGHT OF WAY LINE OF BLONDO STREET, A DISTANCE OF 114.56 FEET TO THE POINT OF BEGINNING. P • LEGAL DESCRIPTION JUNE 6, 1995 ( SOUTH PARCEL ) THAT PART OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER AND THAT PART OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 17, TOWNSHIP 15 NORTH, RANGE 12 EAST OF THE SIXTH PRINCIPAL MERIDIAN, DOUGLAS COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 17 ; THENCE NORTH 00° 05' 10" EAST, ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 17, A DISTANCE OF 410. 15 FEET, TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF A 50 FOOT WIDE SEWER EASEMENT; THENCE SOUTH 43° 40' 45" EAST, ALONG THE SOUTHERLY LINE OF SAID 50 FOOT WIDE SEWER EASEMENT, A DISTANCE OF 561 . 96 FEET, TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER; THENCE NORTH 89°27' 03" EAST, ALONG THE NORTH LINE OF SAID OF SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, A DISTANCE OF 601. 37 FEET; THENCE SOUTH 00003' 30" WEST, A DISTANCE OF 1, 324. 80 FEET, TO A POINT OF INTERSECTION WITH THE EAST-WEST CENTERLINE OF SECTION 17 ; THENCE SOUTH 89° 24' 15" WEST, ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 17, A DISTANCE OF 758. 42 FEET, TO A POINT OF INTERSECTION WITH THE CENTERLINE OF THE EXISTING BIG PAPILLION CREEK; THENCE NORTH 26°28' 45" WEST ALONG THE CENTERLINE OF SAID BIG PAPILLION CREEK, A DISTANCE OF 1, 473. 31 TO A POINT OF INTERSECTION WITH NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER; THENCE NORTH 89°24' 15" EAST, ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 426. 60 FEET TO THE POINT OF BEGINNING. NOTE: FOR THIS LEGAL DESCRIPTION THE EAST LINE OF SECTION 17, TOWNSHIP 15 NORTH, RANGE 12 EAST, IS ASSUMED TO BEAR NORTH 00°00' 00" EAST. SAID TRACT CONTAINS AN AREA OF 1, 520, 902 SQUARE FEET OR 34. 9 ACRES MORE OR LESS. Exhibit B j, 0:- Page 2 00tE. 2Z--} i Miniwarehouse j • , Tract . - co n ( ;, o ,.___ . , 4 • ., ___.„ ,z. \ .i' I)? .I.•_ • fit, % il :4:414111g iik- iL - - ; _ \ : __..„ , , III \\ I III I iv .mi, : o/ 1L4) jiti%.44, a 4 J te, y o , \ ba a� irr. \ , b \ 1 .% , Iliac we Apply % I MO• 1 \ . v• 2-----1" Ay41, / ifs ; , , . ....----- lei ,, \ it• Wil....11.1k, lir viy411), ,,,„ . \ \ t *- orili ": * VAIN• \ .2-\$4‘ eilki, • \ t? \Ck.,, ' ___Akic 41°4 -\ \ \ .0. ,...Alp -_,, dc •Alik. \ - iikyt_ , e�� / 10. N OTE 1 ; t,* \ �� S /. ,. V' \t\ , , \ 7": , 400/. V . _Nhill _ \\& \ ' 6" -," 41, • 1-06 \\ , ‘...- ., \. . rc. c. \li 0 Sillkilli ii_ s'irip14.-- '',:,,,,, mmill . .-?, \ 12.-1. \V, - ,- • - 10 Z aiiiii II .: .._, \-"t.,7, 3-:,- \,1/2,„ �. - \ -:- , 0/�� , ' WnJc�bi//II Lu.n..e NOTES: m� \ \=a _ �" - • ` 1 • -o r• 1 . Area of street to 111 \\ \.44 w , ,/ *:3 wit II/ be G.O. -2/3 of width. 00 Z . \ _ •- i '4 2. rE Area of street to ® i _ 4 be G.O. IAof width. \\ �� 1-1 ill �a�A ,- ,- . c _ ._ . — - \ '4 , OIL' , \ 4 • ill \Ik o'er p. r :- .;.: •:. ;-.1 4t" 0" Hr 0 • 1• . ,. . - • • .. , .., ,• ' - • , -; `'''' Z- - . . ,-; ,.,-, , • Exhibit B • Z• , ?.,-, • Pagel • I-- Cli • 1; - I--. 41 ,.. `c%; • 1 .--1 I— , • Z Cs-I- b3 (r). Z (C Lu • c: . • . • . NOTES: * ...( . . . • ig _ _ ... • 1 . '•• Area of street to • :i Ia . • be G.O. 1/3 of width. ' • " • • . :IS pON079 — ———: \-- \ . /3,/,..'7'P'9 a i..:/ 1'''..,.',./:•1,--1' I ii • 't . .___. _ __ .!' F • P- o nxIL. • .1:4771=7 _ r r . • : . ?. . . 1P14-1‘ . • - ,7 .46) ...;. , i • . Asp:, 1 _...:-v•_,•\. ...\ .17 • . . - .\ s•!---, :._ ..s. iv. 4 111,5 -;.- .5S‘ 1101° •A\*As ca. _ • ., G•7, .... \‘' \IIA,'"Ik.iirt\IP:: . _ , • . . 4_.2- ,-•,, l'..L' , I 0 (It • ,,.. ‘,_\, ... ovs, -•-iii\ _. @ .., rti z.. . •,..„ -.. \ ., • Nt.\. layi, • ., • 0 • \ .. . (t ,, . \. 0 • • . ....-, ,., • .J, • - MiDiwarehotise Tract !!' • , f...-; . • - . . .. e 10 1 • Exhibit B.1 Street Paving and Storm Sewers Specifications 1. Paving: To provide a 38'-0" wide three lane concrete road from Blondo street South to the South property line of the proposed apartment community, in addition 4'-0" wide concrete sidewalk would be provided along east side of the new street. All in compliance with current city of Omaha paving requirements as represented on Standard Plan No. 201 (attached). 2. Storm Drainage: To provide curb inlets, storm sewers and ancillary construction to provide for storm water drainage from this area, in compliance with requirements of governing agencies with jurisdiction. ' NV-Id 3dVOSONVI n h li Exhibit .0 • ti z • Page 1 Q z Q , Qo Ltd I 0 t -sR a vol I "" t 1331i1S OONO'18 \: _`-.---ram-4.\',- ZI AIlk \ - III" OPIggreellWie7LA;Wfq ' '''' 11111 - -eic\,\Viji ''' ' i 1 \:61%eralk goy 0 - , ltrArretixkiriu A ,,,.... ‘ ,,, 1 . 4)� i - ,..., .. .40,4),„ :0-00000. ) Imm........w._ _., ... .,40 ,., , 40..4. 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