RES 2018-1150 - Subdivision agmt, Binney Row MAHA,N Public Works Department
OF� ' e P
(:4 , ; Traffic Engineering Division
v)' r.0 Omaha/Douglas Civic Center
1819 Farnam Street,Suite 603
Omaha,Nebraska 68183-0601
04, ,� : (402)444-5220
41PD FEBRVP !S Fax(402)444-5248
on
City of Omaha u .13 Robert G.Stubbe,P.E.
Jean Stothert,Mayor LDL _ 8 2018
Public Works Director
2R7 N
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement between YK Holdings, LLC, a
Nebraska Limited Liability Company, and the City of Omaha. This Agreement covers the public
improvement of Binney Row (Lots 1-4), a subdivision located northeast of 67th Avenue and
Binney Street.
The Agreement provides for Watershed Management Fees currently estimated in the amount of
$3,632.00 to be paid as building permits are issued.
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.
�✓�^"' /O -z 2— /0124(?�/ff
pit R bert G. Stubbe, P.E. Date au— Date
Public Works Director Cp. Planning Directol ,fie {�
Approved as to Funding: Referr d to City Council for Consideration:
/0 Pi Ji
Stephe B. Curtiss ate Mayor's Office f Date
Finance Director
P:\rah\1605rah.doc
City Clerk Office Use Only:
Publication Date(if applic ble):
RESOLUTION NO. aim— 14
Agenda Date:
Department: /1
Submitter: d!//A45
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, YK Holdings, LLC, a Nebraska Limited Liability Company, proposes to build a
subdivision to be known as Binney Row (Lots 1-4), which will be located northeast of 67th Avenue and
Binney Street; and,
WHEREAS, YK Holdings, LLC, a Nebraska Limited Liability Company, will build public and
private improvements in this subdivision; and,
WHEREAS, YK Holdings, LLC, a Nebraska Limited Liability Company, agrees to pay
Watershed Management fees currently estimated in the amount of $3,632.00, to be paid with the building
permit; and,
• WHEREAS, the parties agree on the private maintenance responsibilities of certain sections of
the sanitary sewers to serve the lots; and,
WHEREAS, a Subdivision Agreement has been prepared setting forth all the provisions
mentioned above.
RESOLUTION NO. I 50
PAGE -2-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, the Subdivision Agreement between the City of Omaha and YK Holdings, LLC, a
Nebraska Limited Liability Company, as recommended by the Mayor, providing for the Watershed
Management fees and private maintenance of the sanitary sewers, is hereby approved. The Subdivision is to
be known as Binney Row (Lots 1-4) and is located northeast of 67th Avenue and Binney Street.
P:\rah\1606rah.doc APPROVED AS TO FORM:
-1TY ATTORNEY DATE
•
Ado ted: JAN 1 5 2019 1 ---0
p
Attest:
City Clerk
Approved: L7
Mayor
r t•_f
SUBDIVISION AGREEMENT
BINNEY ROW (Lots 1 -4)
THIS AGREEMENT,made!and entered into this f 74day o ,20 4,among YK HOLDINGS,
LLC,a Nebraska Limited Liability Company, (hereinafter referred to as"Su livider")and the CITY OF OMAHA,a
Municipal Corporation in the State of Nebraska(hereinafter referred to as" ity").
WITNESSETH
WHEREAS, Subdivider is the owner of the land included within the proposed plat attached hereto as Exhibit "A"
(hereinafter referred to as the"Area to be Developed");and,
WHEREAS,the Subdivider proposes to build public improvements in the area to be developed; and,
WHEREAS, the Subdivider wishes to connect the system of sanitary sewers to be constructed within the area to be
developed to the sewer system of the City; and,
WHEREAS, the parties wish to agree on the method for the installation and allocation of expenses for public
improvements to be constructed in the property.
NOW,THEREFORE,IT IS AGREED AS FOLLOWS:
For the purpose of this Agreement,the following words and phrases shall have the following meanings:
The "cost" or "entire cost" of a type of improvement shall be deemed to include all construction costs, engineering
fees,attorneys'fees,testing expenses,publication costs,financing costs and miscellaneous costs.
SECTION I
Subdivider covenants that Subdivider shall, contemporaneously with the filing of the final plat, present to the City
Clerk for the benefit of the City binding contracts in full force and effect calling for the timely and orderly
installation of the following public improvements, according to the terms of those contracts for the installation of the
improvements set forth herein:
A. All sanitary sewer mains,manholes and related appurtenances constructed in dedicated street rights-of-way
and easements, per plat (Exhibit "A"), same to be located as shown on sanitary sewer layouts prepared by
Thompson,Dreessen&Dorner,Inc.,copies of which are attached hereto as Exhibit"B".
B. Water and gas distribution mains located within dedicated street rights-of-way dedicated per plat (Exhibit
"A") already exist. Underground electrical service to each of the lots in the area to be developed to be
installed by the Omaha Public Power District. A contract with OPPD will be provided by the Subdivider to
the City as soon as available, but in no event longer than four months from the date of execution of this
agreement.
C. Sidewalks and street trees along abutting sides of all public streets to the area to be developed shall be
constructed by the Subdivider in conformance with Section 53-9(9)according to the following schedule:
• 1. Sidewalks and street trees shall be constructed immediately abutting vacant lots as soon as the lots
comprising sixty-five percent(65%)of the abutting footage on such side have been built upon.
2. Sidewalks and street trees shall be constructed immediately abutting built-upon lots as soon as
weather permits.
1 Rev. 1/1/2018
3. In any event, all sidewalks and street trees shall be constructed upon any public streets adjacent to
the plat within three(3)years of the recording of the subdivision plat.
SECTION II
The parties agree that the entire cost of all public improvements paid for privately by the Subdivider and set out in
Section I herein shall be defrayed as follows:
A. One hundred percent (100%) of the entire cost of all street, sidewalk and street tree construction shall be
paid for privately by the Subdivider,as indicated in Exhibit"B".
B. One hundred percent (100%) of the entire cost of all sanitary sewers, including manholes and other
appurtenances,shall be paid for privately by the Subdivider.
C. The entire cost of the installation of electrical power service and gas distribution system shall be paid for
privately by the Subdivider.
SECTION III
Subdivider covenants and agrees that the Subdivider will abide by and incorporate into all of its construction
contracts the provisions required by the regulations of the City pertaining to construction of public improvements in
subdivisions and testing procedures therefore.
SECTION IV
In the performance of this Agreement, the Subdivider shall not discriminate against any parties on account of race,
color, creed, political or religious affiliation, sex, marital status, sexual orientation, gender identity, national origin,
age,or disability in violation of federal or state laws or local ordinances.
SECTION V
A. Subject to the conditions and provisions hereinafter specified, the City hereby grants permission to the
Subdivider to connect its sewer system to the sewer system of the City,in such manner and at such place or
places designated on plans submitted by the Subdivider and approved by the City.
B. Without prior written approval by the City, the Subdivider shall not permit any sewer lines outside the
presently described boundaries to be connected to: The sewer or sewer lines of the subdivision, any sewer
from the subdivision's boundaries to the sewers of the City, any 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 subdivision. The Subdivider shall not collect charges for such connections.
C. At all times, all sewage from and through said subdivision 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.
D. Before any connection from any premises to the sewer system of the subdivision 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 and 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.
2 Rev. 1/1/2018
E. Notwithstandins 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 ordinance,statute,rule or regulation.
F. The Subdivider warrants that it has not employed or retained any company or person,other than a bona fide
employee working for the Subdivider, 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 Subdivider, 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 Subdivider 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 an 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.
G. The Subdivider expressly agrees that they are 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 subdivisions 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 to or required in contracts with subdivisions or
in order to permit or continue the discharge of any sewage from a subdivision to flow into or
through any part of the sewer or sewage system of the City of Omaha.
SECTION VI
A. The owner of each lot shall make payment to the City of Omaha for Watershed Management Fees. This fee
is computed as follows for the lots shown on the plats (Exhibit "A"). Payment shall be made to the City
Permits and Inspections Division prior to receiving a building permit to construct improvements on any lot.
Payment shall be based on the then-current fee on the date of the building permit application,as adopted by
the Omaha City Council. For example,for FY2019,the fee would be as follows:
Lots 1-4, Single Family Residential,
4 Units @$908.00 $3,632.00
TOTAL: $3,632.00
B. In the event the Subdivider shall plat additional lots which will be in the subdivision, this Agreement shall
be amended by the parties to provide payment of the current fee for the additional lots before any building
permits are issued by the City.
C. The Subdivider and the City agree that payment made under Section VI-A of this Agreement shall
constitute a Watershed Management Fee for the area described in Section VI-A and shall be collected by
the City as a Watershed Management Fee as follows:
1. The real estate shall be charged the Watershed Management Fee amount as set forth in Section VI-
A for each lot or parcel.
2. The Watershed Management Fee shall be collected by the City from the owner of each lot or
parcel of real estate in the amount as shown in Section VI-A prior to the time any such lot or parcel
is built upon.
SECTION VII
3 Rev. 1/1/2018
A. Installation of entrance signs or related fixtures and any median landscaping and related fixtures shall be
paid for by the Subdivider. 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.
B. The City's sanitary sewer system(and the City's corresponding maintenance responsibility) shall extend no
further than the manhole in the 67`h Avenue right-of-way adjacent to Lot 1. The ownership and
maintenance of the private sewer line, pump, and any other sewer appurtenances between the public
manhole and each of the lots shall be the responsibility of each of the respective lot owners.
C. No separate administrative entity nor joint venture, among the parties, is deemed created by virtue of the
Subdivision Agreement.
D. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers
for their respective entities.
E. This Subdivision Agreement shall be binding upon the parties, their respective successors and assigns and
runs with the land shown on Exhibit"A".
IN WITNESS WHEREOF,we the executing parties,by our respective duly authorized agents, hereby enter into this
Agreement,effective on the day and year first above written.
ATTEST: CITY OF OMAHA
CITY CLERK Date AYOR Dat
APPROV D S TO FORM
.��% lJ iz �Y
YK HOLDINGS,LLC �/ . TY ATTORNEY Date
Date
On this 17`h day of October,2018,before me,a Notary Public in and for said County and State,personally appeared
Yuri Paskar, Sole Member of YK HOLDINGS,LLC,who executed the above and acknowledged the execution
ther be their voluntary act and deed.
GENERAL N ARY of Nebraska
JAMES State
WARNER
TARY PUBLIC 6-44Akt' My Comm.Exp.February 1,2022
y Commission expires
4 Rev. 1/1/2018
5
e
I II
o z
o
LOT 12 I E LOT 1 0
D z -
BLOCK 32 LBENSON i 01 $z m
" ..
crq FIE
Aj V
m N m o'
d z 67th AVENUE o Am z
f z vA m'
cg mo9
1 mm
m
,34
r ----_ SOUTH 1;,,,, , st, __—___ __ mm
F �C{7. 60g0 D z
P.
i m 6. 0
' C
r w S
I (71.00') SS. m m
90, t2J.79' I y yy
N e,-- 9. o m G tro
(J4.00') 127.90' 9S Ss,$ s f a s "a'o a n
9 66
zK gmr >'r {,.1,
$0 °°,0� O V $4 0 z T o o9i� g,"'
I8.o 7.00') $ I " q, oT O "1ff <r"
" -, I _, (77.00') 128.02' Ss•g I " " n Chi s D n O lQ
so. u ro
A %. Ay V "Q zni Cl)VJ
O Mmi
�• " mO 9 K v C O 1 J
m �06 n gys my - oC oro 0r.
z r C
P°' tza.la' ss rL `. mob �� F O9 N
m---I NORTH 128.14' r I ------Z mz n r mz r U,
14.00' i m $L 4 o n v W
2 I —1 `I` z . o 0z a
g , � z
o " m F.
O
z I 60.00' --I 8 � � z a
I o L
O
� xc Am x g v ow
-------I I— u— — — H I----_----- A
z
" II 8
= z
ii A
s u x oi,c,8 OIs.,.-.. c c mo> om6 ivc� "�mWigRg mmimom m o o > e EEFOm —ml' iqLaN ; Ag>ao . xm mxx
: :fl
m m A7 �K<'' o $o0 g ; � "o Rn8o " voo -A- oo`' " om o g> o!j0$ > r$N " mrmz o{;HS,,, ' . N - > VN P oot7 ' v - oA . ov " o.-Imo mg 9 g o2T•1Og XK fOSO2AW G0yoo^m0o � - " F10 yF o 0A - xooc-.mx 2 o xhi v" ngr F,' A� po =,WDo oAgmz C 'Nm9mm a $ o mom€ omoo y iyioog ENa gazy • oo mo 5a 5E oA7Ovc ' vom5N 5 0 c A i zmA "pz acc^zAz1Di os ^ o o
n i vAc p -mXm mm v ;Rf"gv�N< a = Nm " �pi
m
= m vAnA m =i o 5m3
" m. 1- n5 ong7,6XgOoe §qpm omA yoEi
A $ E g i 5 m -g N v,4. fggm,;- '" "
d mvN 2m.5W$ P0m2'$ omz o
Aimmm5 $$o 0 , -A ^v as - 1 " zooi m i Oc ,W PI om '' 8"2
2
, E PP
Nm22mA2s mA '1 F mEN>a _ n 2 O m nm , o4 O AA
u pI
1 $ V m m�O i�i g p
y m g
IIII
m 1 zo Mil
, BINNEY ROW NE-lif c,°�
H
',ot,A' : 2 LOTS 1 , 2, 3 AND 4 CD 0
BINNEY ROW
LOTS 1, 2, 3 AND 4 PROJECT LOCATION frellik TDa.,•
mrasmail. engineering
SANITARY SEWER ®eEMMIE11 '1=M & surveying
BEING A REPLATTING OF LOTS 7 AND 8,BLOCK 39,BENSON, �=� IIM
A SUBDIVISION IN DOUGLAS COUNTY,NEBRASKA. IMIlini===e1BRO__I 6OMMilRd"'"°°°'" "`��i7�®► I Omaha.NE 681.
SANITARY SEWER , l::RMII®�,'IIIE; tclicoo
s,".er Typo
MANHOLE � �••®�•'
RIM ELEV.=1186.45 11;�.LI''Lllr
Sr
VICINITY MAP
v
ce a
60.00' no W
B E N S 0 N (n
z I ¢ I w ce
,n• I I LOT 6 LOT 5 LOT 4 Z
z
Ei I SUBDIVIDER - o a
to
J (n
B L O C K 3 9 YURI PASKAR
m 2214 SOUTH 86th AVENUE
---------� \\,` , I m L:---- - 1 ---�-- 1=----- OMAHA, NEBRASKA. 68124
',U_ , I - -- ---_--'
— — — ' 1 --1-:77:_ _. __`� _ i ._�,_ — ENGINEER
54-INCH SANITARY MANHOLE it-j_T�, `. \ \, -:__-- " ;�`\```` c $_-_—__
RIM ELEV:1196.5��',_--II _ - -_-__ -�
I.E. 8"=1191.00 \\\ 4 I i I ---_ - =����' E?-- +'- =-_ THOMPSON, DREESSEN & DORNER, INC.
1 1 I I;PROPOSED I `'PBOPO3ED.5 50155' = r==s==_====�_= " 10836 OLD MILL ROAD
n m(�, ,I;BUILDINC; I �rSEW€R EASE+A�'NL-5 = ! = OMAHA NEBRASKA. 68154
50.81 L.F. 8"SSWR ® 1.97% \1 oi,/J I________ _ ___ -__y_________-
• I S ` �LLL I
; _ I__ __ , LEGAL DESCRIPTION
\I.,\ \ '••• S N I I I 1 I I LOT 9 LOTS 7 AND 8, BLOCK 39, BENSON, A SUBDIVISION ^'
o I ;I ' \ '--I-, I I I I I I'---- IN DOUGLAS COUNTY, NEBRASKA. ■Y
I , PORL`H r\\ P OPOSED PROPOSED PROPOSED 1-'
J \��/ '1 I r I I HOUSE I I HOUSE I I HOUSE 1
m 11\ I ' I I I I I BLOCK 3 5 o is 3a
HOUSE','
II ',I .1 6646 ' \ I \ JII It
I I 1 I
I o1,1,\ ',� F t `.I31NNEY �,\ LT"�;T `T--� --TJ 1/,, 513
—
STREEE
SANITARY SEWER MANHOLE - \x, , \ a t I VA- I ''
RIM ELEV.=1200.20 \\ I POrtcri, I o> I I a I'', I a I I
LE.=1189.95 I 1` w'.�\�� \,I oa 1 ono o l ,_-1__ p. �y�,
TAP 8"SANITARY LET1190.0 1\ \ L s\1,', `\\ I a� I ETTF
I a I; I a/ 1 - —,-- � �� I I I 1 I; � -1 _'' No. Description MM.O0.ri
I I —
I 1
- Job o.: 4 -
. ---1188
- Drawn By: RTM
Reviewed By:DSD
- - - - - - -
Date:AUG.6,2018
T
Book: 18/15 18/06
Pages:3&4 47848
LOT 6 LOT 5 LOT 4
I
SANITARY SEWER
B L 0 C K' 3 9 BENSON
.el
EXHIBIT B EXHIBIT B
NO. 3D
Item Submitted By: Ryan Haas
Department: Public Works
Council Meeting Date: January 15, 2019
•
Res. that, the Subdivision Agreement between the City of Omaha and YK Holdings, LLC, a
Nebraska Limited Liability Company, as recommended by the Mayor, is hereby approved. The
Subdivision is to be known as Binney Row (Lots 1-4) and is located northeast of 67th Avenue
and Binney Street.
Presented to City Council
January 15, 2019
APPROVED 7-0
8lizabeth /'utter
City Clerk