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RES 2018-1086 - First Amendment to subdivision agmt - Coventry Replat Ten • �N1AHA,NFB Public Works Department ``, °s� Traffic Engineering Division efAi l�(� h�« l , Omaha/Douglas Civic Center ... ¢¢f 1819 Farnam Street,Suite 603 '•'='� Omaha,Nebraska 68183-0601 cti ' q'TFD FEBR�r4 �'i (402)444-5220 Fax(402)444-5248 City of Omaha ," o Robert G.Stubbe,P.E. Jean Stothert,Mayor '' Public Works Director NOV 20201$a'4 Honorable President and Members of the City Council, The attached Resolution approves the First Amendment to Subdivision Agreement among AVG- CFM 204Q, LLC, a Nebraska limited liability company, the Coventry Business Owners Association, a Nebraska non-profit corporation, Sanitary and Improvement District (S.&I.D.) 524 of Douglas County, Nebraska, and the City of Omaha. This First Amendment to Subdivision Agreement covers the public improvement of Coventry Replat Ten (Lots 1-5 and Outlot A), a subdivision located north of 205th Street and Coventry Drive. The Public Works Department requests your consideration and approval of the attached Resolution and Amendment to the Subdivision Agreement. Respectfully submitted, This action has been reviewed and found to be in conformance with the Master Plan. oLtir /o-Z3/R 72.e(7-0/8' RA Robert G. Stubbe, P.E. Date --David . F Date Public Works Director o Planning irec r saw Approved as to Funding: Refer ed to City Council for Consideration: ,./ ev7,-,--7, /2-Orns- Steph n B. Curtiss Date Mayor's Office Date Finance Director P:\rah\1607rah.doc • City Clerk Office Use Only: Publication Date(if appli .ble): RESOLUTION NO.IDSZt Agenda Date: Department: /, 9,ij VTAS Submitter:Pyty CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, AVG-CFM 204Q, LLC, a Nebraska limited liability company, proposes to build a subdivision to be known as Coventry Replat Ten (Lots 1-5 and Outlot A) which will be located north of 205th Street and Coventry Drive; and, WHEREAS, Sanitary and Improvement District (S.&I.D.) 524 will build public and private improvements in this subdivision; and, WHEREAS, the parties entered into a Subdivision Agreement as adopted by the City Council of the City on August 21, 2018, by Resolution No. 718; and, WHEREAS, AVG-CFM 204Q, LLC, a Nebraska limited liability company, and S.&I.D. 524 wish to construct a sanitary sewer system and connect said system to the Sanitary Sewer System of the City. of Omaha; and, WHEREAS, the parties wish to agree upon the manner and the extent to which public funds may be expended in connection with public improvements to be constructed within the area to be developed or serving the area to be developed and the extent to which the contemplated public improvements specifically benefit property in the area to be developed and to what extent the cost of the same shall be specially assessed; and, WHEREAS, AVG-CFM 204Q, LLC, a Nebraska limited liability company, has or will create the Coventry Business Owners Association, a Nebraska non-profit corporation, who will be responsible for identified ongoing maintenance as contained in the Amendment; and WHEREAS, a First Amendment to Subdivision Agreement has been.prepared setting forth all the provisions mentioned above. RESOLUTION NO. ) 1:1P PAGE -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the First Amendment to Subdivision Agreement among the City of Omaha, AVG-CFM 204Q, LLC, a Nebraska limited liability company, the Coventry Business Owners Association, a Nebraska non-profit corporation, and Sanitary and Improvement District (S.&I.D.) 524 of Douglas County, Nebraska, as recommended by the Mayor, providing for the use, ownership, and maintenance of the outlot, is hereby approved. The Subdivision is to be known as Coventry Replat Ten (Lots 1-5 and Outlot A) and is located north of 205th Street and Coventry Drive. P:\rah\1608rah.doc APPR VED AS TO FORM: l J J Y-ATTORNEY DATE Adopted: -NOV 2 0 2018 Attest: UEB VTY City Jerk Approved: Mayor ACTING FIRST AMENDMENT TO SUBDIVISION AGREEMENT Coventry Replat Ten(Lots 1 thru 5 and Outlot A) THIS FIRST AMENDMENT TO SUBDIVISION AGREEMENT ("First Amendment") is made thisal) day of Q,� , 2018 ("Effective Date"), by and among AVG-CFM 204Q, LLC, a Nebraska limited liability company, (hereinafter referred to collectively as the "SUBDIVIDER"), the Coventry Business Owners Association, a Nebraska non-profit corporation (the "Association"), Sanitary and Improvement District No. 524 of Douglas County, Nebraska (the "District"), and the CITY OF OMAHA,NEBRASKA,a municipal corporation(hereinafter referred to as the"CITY"). WITNESSETH: WHEREAS,the Subdivider,District,Association and CITY entered into a Subdivision Agreement dated August 23,2018,for the development of Coventry(Lots 99— 110 and Outlots F,G,and H),the same having been approved by the City Council of Omaha on August 21, 2018, by Resolution No. 718 (the "Subdivision Agreement"); and WHEREAS,the Subdivider desires to amend the Subdivision Agreement to include the replatting of Lots 102 thru 107 and Outlot H, Coventry into Lots 1 thru 5 and Outlot A,Coventry Replat Ten; WHEREAS,the Subdivider has or will create the Association comprised of the property owners of Lots 99-101,Lots 109-110,and Outlot F and G,Coventry and Lots 1 thru 5 and Outlot A,Coventry Replat Ten; WHEREAS, the parties wish to agree upon the manner and the extent to which public funds may be expended in connection with public improvements to be constructed within the area to be developed or serving the area to be developed and the extent to which the contemplated public improvements specially benefit property in the area to be developed and to what extent the cost of same shall be specially assessed. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants hereinafter contained,the parties hereto agree as follows: 1. Definitions: Unless otherwise defined in this First Amendment, all capitalized terms used in this First Amendment shall have the same meaning set forth for such terms in the Subdivision Agreement. 2. Amendments to Subdivision Agreement. The Subdivision Agreement shall be amended, in part,as follows: A. Exhibit"A"to the Subdivision Agreement entitled"Final Plat" is hereby amended to the extent as shown on Exhibit"A-I"attached hereto and by this reference incorporated herein; B. Exhibit `B" to the Subdivision Agreement entitled "Storm Sewer and Paving" is hereby amended to the extent as shown on Exhibit `B-I" attached hereto and by this reference incorporated herein; and, C. Exhibit "C" to the Subdivision Agreement entitled "Sanitary Sewer System" is hereby amended to the extent as shown on Exhibit "C-1" attached hereto and by this reference incorporated herein. D. Section X (D) is hereby amended to include the following: Outlot A, Coventry Replat Ten, shall be used for private streets, sidewalks, utilities, and other street appurtenances, and shall be owned and maintained by the Association. 3. Miscellaneous. (a) No Other Amendment. Except as specifically set forth herein, the Subdivision Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of the day and year written above. (Signatures on Next Page) SUBDIVIDER: AVG-CFM 204Q, LLC, a Nebraska limited liability company, By: 9 2 .,.(2t Name. .l,s,k /= ,Le/- Title: ,ti,oKc ASSOCIATION: COVENTRY BUSINESS OWNERS ASSOCIATION, INC., a Nebraska non-profit corporation, By: Name: J< s e/A c c /- Title: ,4 K — DISTRICT: SANITARY AND IMPROVEMENT DISTRICT NO. 524 OF DOUGLAS COUNTY,NEBRASKA,a Political Subdivision of the State of Nebraska, By: Name: Jo5'c.4 ,Glk�/%...% Title: Chairman Attest: Nam . Title: Clerk CITY: CITY OF OMAHA,NEBRASKA, a Municipal corporation, By: 041d4sitle 'Up, ; MayorA I N G ATTEST: QQ By: y (444-, . ,I _ /OM City Clerk DE$LIT.Y Approved as to Form and Content: By: Assistant City Attorney N COVENTRY REPLAT TEN ZQ LOTS 1 THRU 5 AND OUTLOT A 0 u BEING A REPLAT OF LOTS 102 THRU 108 AND OUTLOT H,COVENTRY ALL LOCATED IN PART OF THE SOUTHEAST /� QUARTER OF SECTION 12,TOWNSHIP 14 NORTH,RANGE 10 EAST OF THE 6TH P.M.,DOUGLAS COUNTY,NEBRASKA. 1 I 0 =g r.A.S DEDICATION N fA KNOW ALL MEN BY THESE PRESENTS THAT WE,AVF.CFM 2040 LLC,OWNER'S OF THE PROPERTY DESCRIED ElTHE SURVEYOR'S < q$ CERTFICAT ION AND EMBRACED WRHN THE PLAT.HAVE CAUSED SAD LAND TO BE SUBDNDED MO LOTS TO BE NUMBERED AS SHOWN, MEIJI SAD SUBDIVISION TO BE HEREAFTER KNOWN AS COVENTRY REPLAY TEN,LOTS 1 THRU 5 AND OUTLOT A,AND WE DO HEREBY RATFY AND 0 APPROVE THE DISPOS RDN OF OUR PROPERTY AS SHOWN ON THE PLAT.PERPETUAL EASEMENTS SHALL BE GRANTED TO THE OMAHA PUBLIC POWER DISTRICT AND ANY TELECOMMUNICATIONS ENTITY OR OTHER CORPORATION TRANSMITTNG COMMUNICATION SIGNALS QQ AUTHOR CEO TO ERECT,OPERATE,MAMMY,REPAR AND RENEW POLES,WRES.CABLES.CONDUITS.AND OTHER RELATED FACLITES. F AND TO EXTEND THEREON WRES OR CABLES FOR THE CARRYING AND TRANSMISSION OF ELECTRIC CURRENT FOR LIGHT,HEAT AND h POWER AND FOR THE TRANSMISSION OF SIGNALS AND SOUNDS OF ALL KNDS AND THE RECEPTION ON,OVER,THROUGH,UNDER AND qq \ se,.3j`?? ti(CL ACROSS A(5')FIVE.FOOT.WDE STRP OF C s LAND ABUTTING THE REAR BOUNDARY LEES OF ALLD TERIOR LOTG ALL TS,AND A 116.FOOT.WDE STRP ONT AND S DE BOUNDARY LOT `F LAND AES.AN(BUITNG THE REARBOUNDARY S 29?3 �( LNES OF ALL EXTERIOR LOTS.THE TERM'EXTERIOR LOTS-IS HEREN DEF NED AS THOSE LOTS FORMING THE OUTER PER METER OF THE 8 (�4 "b G p, I ABOVE DESCRIED ADDITION.SAD 16.FOOT.WDE EASEMENT WLL BE REDUCED TO AN(8')EIGHT FOOT.WDE STRP WHEN THE ADJACENT m O \�`_ G OUTLOT F LAND IS SURVEYED,PLATTED AND RECORDED.NO PERMANENT BULDNGS OR RETANNG WALLS SHALL BE PLACED N SAD EASEMENT `O /,` I WAYS.BUT THE SAME MAY BE USED FOR GARDENS,SHRUBS,LANDSCAPNG AND OTHER PURPOSES THAT DO NOT THEN OR LATER t? O- MERFERE WITH THE AFORESAD USES OR RIGHTS HTS HEREN GRANTED,AND WE DO FURTHER GRANTA PERPETUAL EASEMENT TO METROPOL N UTLITES DISTRICT OF OMAHA.AND ANY NATURAL GAS PROUDER,AND THEIR SUCCESSORS AND ASSIGNS.TO ERECT, N oi TT \ RA11 TAT 12 NSTALL,OPERATE.MAMAN,REPAR AND RENEW PPELNES,HYDRANTS AND OTHER RELATED FACLITES,AND TO EXTEND THEREON o LOT 101 Ss�D PP SGFOR THE TRANSMISSION OF GAS AND WATER ON,THROUGH,UNDER AND ACROSS A(T)FIVE-FOOT.WDE STRP OF LAND ABUTTG ALONG ALL STREET FRONTAGES OF ALL CORNER LOTS.NO PERMANENT BULDNGS ORS RETANNG WALLS SHALL BE PLACED N THE SAD ToOD 59F I EASEMENT WAYS,BUT THE SAME MAY BE USED FOR GARDENS,SHRUBS,LANDSCAPNG AND OTHER PURPOSES THAT DO NOT THEN OR LATER INTERFERE WITH THE AFORESAD USES OR RIGHTS HERE GRANTED. v g. B.OB AC. a S22 I N WITNESS HEREOF,WE DO SET OUR HANDS r o !h p O. O `� AVF.CFM 2040 LLC Q °c cn A. B 2 'B I- Ln Q 02 JOSEPH FORESTCARTER ''0qy $w .1MANAGER M p m CO ty \\ 'Po4b 8 ACKNOWLEDGEMENT OF NOTARY > V V= \ STATE OF ) /` c 1 ']per )55 \ 4' OUTLOT A (S COUNTY OF ) WI p LOT 1 , e.71 AC. $ Ww ON THIS DAY OF 2018,BEFORE ME,A NOTARY PUBLIC.DULY COMMISSIONED AND OUALFED FOR SAD 0.87 AC. COUNTY AND STATE,PERSONALLY APPEARED JOSEPH FOREST CARTER,WHO IS PERSONALLY KNOWN TO ME TO BE THE IDENTICAL IL °� , � �' PERSON WHOSE NAME IS AFFIXED TOTHE ABOVE INSTRUMENT AS NW/DUALS,AND HE ACKNOWLEDGED THE SGNNG OF THE SAME TO C \ ,53,' R 16 yo BE HIS VOLUNTARY ACT AND DEED AND THE VOLUNTARY ACT AND DEED OF SAID CORPORATION. I= \ r§ �0� WRYNESS MY HAND AND OFF IC KI SEAL THE DATE LAST AFORESAD. CO o LOT99 \^�a�ls4' LOT3 0 G \ Ci 30.61' 088 AC. 4, If �'56. Io NOTARY PUBLIC ENTRY\ <s�RT $ 76s74z6• 1.- J LS 03 L44'e";;� =e R APPROVAL OF OMAHA PLANNING DIRECTOR Cjp 3 b,h $W APPROVED AS A SUBDIVISION OF COVENTRY REPLAT TEN,LOTS 1 THRU 5 AND OUTLOT A N COMPLIANCE W RH SECTION 53.10(3),OMAHA U ] OUTLOT G ,� $ LOT 4 N MUNICPAL CODE,WITH PLAT REOUREMENTS WANED PER SECTION TDB,HOME RULE CHARTER OF THE CRY OF OMAHA.THIS Q � / `$'N SUBDIVISION APPROVAL IS VOID UNLESS THIS PLAT IS FLED AND RECORDED WITH THE COUNTY REGISTER OF DEEDS W ITHN THRT'(30) F B0 AC. �pp ID / 11j DAYS OF THIS DATE. Z Q Ey / \ t0.t3' c0 W J C / >S (n I—I— t. Nam° OMAHA PLANNNG DRECTOR DATE O / �STys 2g2y '��. .,58 APPROVAL OF CITY ENGINEER OF OMAHA Q a o NTR �]Ur 39.97 S (HEREBY APPROVE THIS MNOR ADMNISTRATNE SUBDIVISION OF COVENTRY REPLAT TEN,LOTS ITHRU SAND OUTLOTAAS TO THE W 2 u) / A. F\•1e, 0 ��, 2T1.27 DESIGN STANDARDS. ~ D_Q tn�/ �re L1 �Qyh.:2Q.��, m }1D N • // t w I ce 0 42 Q QQ- , l v0 \CJ 120'15'13 C. O.BLOi AG CITY ENGNEER DATE W Z i L>cl u -pJP a� \ ma's COUNTY TREASURER'S CERTIFICATE j co- ``Q!!(O_`1�, \ 'f3 271.04' THIS IS TO CERTFY THAT I FIND NO REGULAR OR SPECIAL TAXES DUE OR DELNQUENTAGANST THE PROPERTY AS DESCRIED N THE Q co Y <� 0' 50' 100' 200' J\VPO \� SB7°D1'31"W 271.34 �.� SURVEYOR'S CERTFDATE AND EMBRACED El THIS PLAT AS SHOWN BY THE RECORDS OF THIS OFFICE. (� (QQn aSCALE IN FEET pJq�G.�\ \ LOT 109 0- OJ m �� 5 5 I pp� COUNTY TREASURER DATE Z 5J4 NOTES i -- - - • DOUGLAS COUNTY 1. ALL NTERNAL L NES ARE RADISUPERPENDICULAR UNLESS OTHERWISE NOTED AS NON-RADIAL(NR). _ ? PROPERTY LINE TABLE PROPERTY CURVE TABLE 2. ALL NTERNAL ANGLES ARE 90'UNLESS OTHERWISE NOTED. Q /E ENGINEER'S REVIEW 3. ANGLES MEASURED ADJACENT TO CURVES ARE MEASURED TO THE CHORD OF SAD CURVE. < mp LINE ID DIRECTION LENGTH CURVE ID RADIUS LENGTH CH BEARING CHORD 4. NO DIRECT ACCESS BE PERMITTED ONTO 204TH STREET FROM LOTS 2,4.AND5. 0 Ted LI N2725'31'E 5.00' Cl 225.00' 156.06' N42'42'0TW 15297' t'IURVEYOR'S CERTIFICATION Gown b7: DSH o m L2 N13'39'S9'E 59.22' COC2 23.00' 10.13' N0103'00'E 10.05' checked b1- MO6 01 TERRY L.ROTHANZL.DO HEREBY CERTFY THAT(HAVE MADE A BOUNDARY SURVEY OF THE SUBDIVISION HERE N AND tgpoveO by TlR MN L3 N6274'29'W 116.17 C3 2500' 30.61' $65'32'45'W 28.40' - THAT PERMANENT MONUMENTS AS NOTED HEREON HAVE BEEN PLACED ON THE BOUNDARY OF THE PLAT AND AT ALL OIXovedNOC : MDB/TR CORNERS.ANGLE FONTS,AND ENDS OF ALL CURVES ON THE BOUNDARY AND ON THE LOTS N TIE SUBDNISON• TO BE Le L4 52T25'31'W 10.47' C4 450.00' 107.92' N55'42'15'W 107.66' KNOWN AS COVENTRY REPLAT TEN.LOTS 1 THRU 5 AND OUTLOT A BENG AREPLAT OF LOTS 102THRU 108 AND OUTLOT F401.0 no_ 018.1284 LS N76'20'01'W 53.56' H.COVENTRY ALL LOCATED N PART OF THE SOUTHEAST QUARTER OF SECTION 12,TONRISHP 14 NORTH.RANGE 10 EAST drawing �« OF THE 6TH PM.DOUGLAS COUNTY,NEBRASKA. date: 0823.16 •0 L6 N6234'29'W 51.69' SHEET 1-4 L7 N4850'02'W 99.72' TERRYL.ROTHANZL DATE EXA-1 w 3Q 1 REDRAW. NEDRASLS.60T 0O • ONC: r:\P,Mch\015-166'1\40-Oealg..S utoCAfl,mlwt.\S-tc; Ag.x,,,m,t\Coventry Replat Tm\18-10-11_CMCV3.MDIt B Pav—Sim4*q USER: *10 • OAt Cct 1,2018 8:41am IREFS CJ®ASE31687 CJ(PBM0Y31687 CJ'BASEJ01U31687 C3SIRMJIMU31667 CJ'6110YJIMU31697 CJ'8N0Y3utwe31284 1H\ n 1iii LOT 110 1,03 AC + + ILOT 109 + 1.06 AC 1 \I r--... / I LOT 5 / + 0,87 AC \� / 1 / / I 7 / I LOT / I V ` / 1,80 AC / / fi4 \ � / 0 / / �� ` / / LOT 99 I / LOT 3.12 AC + / / 0,88 ACX \N, i\ / OUTLOTA \\\� + / / ç L l \\\ 0.87or AC1 -�\ \ \, \\ ,..N.,,N,„\ I LOT 2 / , \ I \ 8,09 AC / \ \1\l \ I ,\ / 1 1 \ I \ I I l ` / \ LOT 107 I l / 4,24 AC I 1 1 / 1 ............ 1, \ 1 N. 1 I ,. / i �� i I 1 \ `\ \ --_\�a I1 f / I OUTLOT F �`, 11 I I ! ' //,i 1 I 1 \ I \ LOT 100 1 2,29 AC / ( i �1 1 1 / / i 1 I / _ 6 d �° EXHIBIT B-1 z' LATE REN6lpBOES.21 10R 2 8af,{4 OAOLSSOIV qi Ei I F COVENTRYN SOUTH EXHIBIT B'� }1 `Tc„AS SeO C I ANT E S II$li GENERAL OBLIGATION PAVING/STORM SEWER e. OMAHA,NEBRASKA 12018 ae.l„ se 11 oe6eiM'9iXi 1°a 24 REVISIONS own • _ OAc O,171.0 &4m\4 4I%m u & lwn BA38\ wn3 ReAJTMu I_ 3&8EJI C-s5te J OJa te�284 C_PSSWRJIMU31887 I 4r 1 1 LOT 110 I1.03 AC \/11 1 i I LOT i 1.06 AC AC q 1 / LOT 5 4. / 0,87 AC / I / 7`. 4 V/ /1 0 t., / LOT4 / / ' ' / 1,60 AC / d, / I / /4 `` LOT 99/ / "/ LOT3 `% 3,12 AC / / 0.88 AC / / , / \�\ L.T A / ♦ \ ,\\\♦ I '41/1' •a,„, / if LOT 1 0.87 AC .\ , • 1 �a -1 \ , „; , 1 b I / \\ \ N. LOT 2 \ / \ V\ 1.1 8.09 AC �o `\ y ♦\ � / \ \ \ II ` II ♦\ 4,24 AC AC♦\ / LOT 1 �� q / ...1 I 4. " 1 , 1 / `� / 1 / \\ I /I II Ia ♦�_ II 11 \ ` -__\ Iq \ ------- \ 1 t 1 a { / / 1 \ OUTLOT F I I I l I t i //'' \ i / I LOT 100 2.29 AC / ' I g i Z i f q L rt1 ° EXHIBIT C-1 "p' LATE uEw1ODEscammav X 2 F. ay=.S O\OLSSON 1 - COVENTRY SOUTH EXHIBIT C-1 ASSOCIATES SANITARY SEWER s OMAHA,NEBRASKA 12018 REVISIONS NE OWE FAX FAX EU$11.ewe ....w—e..d2U..em NO. iDS10 Item Submitted By: Ryan Haas Department: Public Works Council Meeting Date: November 20, 2018 Res. that, the First Amendment to Subdivision Agreement among the City of Omaha, AVG-CFM 204Q, LLC, the Coventry Business Owners Association, and Sanitary and Improvement District (S.&I.D.) 524 of Douglas County, Nebraska, as recommended by the Mayor, is hereby approved. The Subdivision is to be known as Coventry Replat Ten (Lots 1-5 and Outlot A) and is located north of 205th Street and Coventry Drive. i Presented to City Council November 20, 2018 APPROVED 7-0 8ltzabeth / iitler City Clerk