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. Ar., _..•• \ „kgelp; etei,„4,.4,... \do/. ilk,_, n )
s lega,gat ri Ole h MI r r tto N ., .,,, .
\\‘‘‘ 6„:„....\ ,,‘ leo, Ak e , \, % .• -... .0. , ,
•� apri ® � � �� VW''' \
S's yip a\sv al,„.•94v.p.sw ....,..., ••
s‘, , ,,,,,,...,,,,,,. ,..„..._,L .....„,,,,,,„„ , • ,
,....„-...,,,,,.. ..,
•
at,
dad yQ..„. \ ov \ - .46 _ � q'
L niil ro Oda ' 1 ATP �N i A
VVU .VVVJV ` .. s _ _ 0�
tiL yt..F.Ht.H'.+ I \ Alf, [� \
•
2., 1: 1i'r \ :9OW:it
'''.,.7 s,s,s
\\� it:I,��
/0-4,.WA.fa rmg..L a.:,a,M:l.1"11.
mgV..:'ie1;eIiP rtiox.,..r,.i4..-0
J I\n. i ' vo �
P11H -,.; ,
_la\rjL ,.nj_\.
API'ld
' =4I , -4 n
-9
a
+.",rrwOdNr..., >.
e 1e
9- dV-0ti-er*•4 vd w
J
•
\ Exhibit C
• Ip j Page 2
, ,s,
1 I `
c I
:. . o
•
°• "
4' • P
lik-
/ Ills •IO. <''- -J
II III f
\ , _-,-..-:-_A--r 4-76 - -,41K406 \,4t.„.„ ,,,fr Et* ,, , . ,,,,
, , 44,_ & ..‘,,,, ,,,o co.,. 4. .„ , , lii-,,,,,_ .1.4
\ li ei fittxt tps 4" \ V NT_I---1 -.:Ak„,0-40 1) ,.9.; , .. ,
A, , . --,. 0., 4 . ,0- gk ,\s-; .\,,,,:,, el.,,,,-oite . - ii 1 ! , i/: ,
\ , ..,.._., . itt40,4w4k,,,_,- , NEV,'' A‘110, , 0 1
\ ,,,,, 46
\ ....!-1.> \ alba -ioo•--_iz:-..,_-_ S.. 710--7*a-1..4,n.-- : ,,-- - , ,-- - mil- 'gm -•,--.-,-/-ia, I' liner
(��I. mg
. : R- c1 f . A 7\„,. :* a\+ —, ,�
,w-s 40f.,47 - ' - „ , . eta •11.„.
k\.A. emir: ,- 0-1-w-1 % oN6.01. . 019 ‘.,. .,0 i G'f
. ,
t ogik \At awaits,
, '' a, a
p ,
, .,, a'w lits‘a_Ipx.---- 1--. OP
-, , V1 . N \ mil
•
\..iii-iw\
v ..,,„ .,
lot, .0, , „. •,. , ..„ „ ,
, `
\ kitt0 .0. ;NI._ 7137 s•f.::-- . v
......, „.... _
,..._..„. /:...\, 0 _7;Amit_ „,SA--,-, — , '
„..****Or' IN--0 -''
A $P-\.• *r&4 4 , .
- \ 41N- '•- , • ' -.Aft,,IT--v. 0\ '''‘ %, Viit#74iik% ' ' !
veliks wiew,..„ \-0,001.edrowao. pro .. or -*sr teasy ..i\
,_\.., 11040-•,%,
....\-10.- . 000KOr'S , //
-70, 04.1•4.,, \ 0--'w \\ op -.. ,a 4,>.ry AVG.)
== _ , }tom'` ____ "=yam Q� - . �v'
o-- _., ip' tc46 #.( co) tr 0, gli A, Imo. .n-
311\444-,,601
spitr\t,t) intse:-3--.:0, -
. , 0-1) .e,‘ ow& 14 ii0 Vol 1 gig-.1 ' • • ,„
17' N.
--0.- \A 40 1\z.
Z �j i
itleatilpik.:1 , s
"10
�' 10 '„,., :-, i ''g '�"£ rn , : �ai aui i7 \ 4 ms :iv-4de 0 iii. _,,a, '.- ;'.--.• • .-,.
T6T6 Y^ : b
• � _ el •
,c. u lit!T,Ig
- : .
se-0 • .
0 0 et - • 0 -44 •
x=�L ° 'R �� Z ^� �' . -_ iTh'ps i
Y MI
g 2 7' .
Q- -
a ^n"�n�nnn nRY9nn
nn
.Y..R.t.Ce>oop1, -
0
LANDSCAPE PLAN
ii-
rix
c
Ni
UP 1
7.i C j) ,L.1) ..."---( 4.
J ! r cl
-4k:\ 1.
a cl-� j
X\
1:;' 0 \ \
Z E
0 0 a.
e
_n I N.. r-s
0) 1 CD ' ` � �
P. 5 N cr. rt m F4• z A3 z O •-, O y O : lad
, w@ cr.)) G r r- @ o , C r-r,oo
�' I"4"I rtw r rt ao zr a • pi, w n '..iS
@ rt. O I--1 rt@ II O' p tc1 @ O H tj
�. H rt "d W Cn .� N 0. I-, @ 7d z
a rt P. I-t cn 'Ti o. @ o 5 ti �/•�
pV = � \. \ C cu!�. o at C C 0 vs o' a. 0
Zz
cj
a - o CD H. t-0 O w 0 O tt tl
1
Q Ca 6p \ .,u ri. @ `-,'L I-` to H 1-3 I r•
'S)•.1 \
ri O 1-1. I-•• C1 I-4 1-, cn I-h n z(/) o 0 "d 0 5 • C rt rt rt 0 tri OW Ci) 3r,. N. N."dw o w PI II •t CoD
Cn
'larn'v ni
"'
Ar, " A "d rt o @ cn rt rd C II H@ rt]' I-, at Y `C (1) d O
o (1) rt H, a ;v � o rt II
C rt Y P. 0 H w to '-' 0 ND
crl
Q� IZ,- P. H. a. rr• 0t=i 1-40 rt @ 'd
c.o., k� co' sv C rt o "d rt b rt o
h CO r-+, art at a o- x rt £ Iv kC C i\j
-1 f C�7'1 ' K C w o n w 11 ro rot C m w H@
-< f ^i CD @ @ "d Ps o cn `C D 0 E-' o w �.
rh" \s ~s ``�y O0 0 H• wOV N rt wW CJ
@ 5 O rt. m 'd @ rt@ 0@ C
Tt , � . rt, @ d rt W Q P. @
rt p rt Cs o H. rt C7 n b N
� � @ rr 4 C 0 w r• r• sv cn0
rrr W 0 0 5 I@--, x CO rt x 0 5
k'k'
' �) Imo•QQ Lz (n @ G A5 rt £ rt @Crt @G0a woto0' 0
i i 4 ` @ m i 0 crtn I rn kc rt
I en
ry -'V O O M0�° -'mroco Af mce
Q gD was �$ceso lag c...$,< °ca Ot&_D
or,msvamov_ar O+ $oZ3' 000,a, ,=,v�$mrNoz
T d s w• o o n e v - t 3 r o 3 3 »v ° o o. 1 °
o • rg°.r ryOm7 G .4$ a<S--IIcos,°wDzzg
O <g S60„132Cc°g'->z aarorovmmmo'm°Dy
�0 3 Harr°vm�3mam'°D o° ' pa3 paZ=o • zm
O O•q a a s, u Z o° z l m c °N "G 1° n g
a .bv'o:111,5 {aim a4c • cvc E ° pp
m -f_« r:6 E° a a .° 3 o m-..O c
G is $gig=°-13°yl-a 74D. rFag°ee ° C
0 0 g
gf».0 • o r0 0 1a o v zm o g r :q
O> .470%mIt°c3g»vo r9.£•°<cmmg »ov6
•t o l l rgiA o v ° < _v i m m a '-' vv o
FOAL zvgv° 'L`.'r2•1�a VSi 83g03'°'-r9n9.�r
g t ali'"o..- S.t4g o s ...?0. o3n�2o r
a7 • C 7a,3 NN`C -{
ti°fl C°0 O w o r m O °y s C D Z O O c .
0
$ 71 w ° O
� �, SAm'� 1�; o
3o Sp »a =nR°o• 3 Z.mc i
bD M o n3-• f�
s5 Eo°F-0c3v om••o' am
o =vgmo°vo^v a
o aS°
�' ° SO Ov .7O 1 ° O r
C<3 : °«voev °< Zo3 °9 °v g,
'Di$ a. a3, 3 0.o:a . g
0 O m c o m o u » v-O W 3
o° 3,° a°
a
or 9 .3 �'c3a^Oo m»
-i 2 c o
- 1. r: _. -.—