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
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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
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O. O `� AVF.CFM 2040 LLC Q
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Q 02 JOSEPH FORESTCARTER
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.1MANAGER M
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ty \\ 'Po4b 8 ACKNOWLEDGEMENT OF NOTARY
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\ 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
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ID / 11j DAYS OF THIS DATE. Z Q
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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
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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
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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