2008-01COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska has been presented with a Developer's
Agreement between the City of Blair, Nebraska, Omaha Public Power District, and Blair Auto
Mall, L.L.C., Brian C. Gibbs, President to develop a Subdivision being platted of Lots 1 and 2
Adamson's Wyngate Subdivision lying in the N 1 /2 of the SE 1 /4 of the NW 1 /4 in Section 23,
Township 18N, Range 11 East of the 6 P.M. Washington County, Nebraska, and known as
"Gibbs Subdivision ".
WHEREAS, the terms and conditions of the Developer's Agreement are acceptable to the
City of Blair, Nebraska.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that the Developer's Agreement attached hereto,
marked Exhibit "A" and by this reference made a part hereof as though fully set forth herein,
which has been presented to the City Council, is hereby accepted and adopted by the City of
Blair, Nebraska, and that the Mayor and the City Clerk of Blair, Nebraska, are hereby authorized
and directed to execute said Developer's Agreement on behalf of the municipality.
COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
FANOELE, CHRISTIANSEN, WOLFF, ABBOTT AND BIFFAR VOTING "AYE ", AND
COUNCIL MEMBERS NONE VOTING "NAY, THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8TH DAY OF JANUARY,
2008.
ATTEST:
4 77 164/Y /
BRENDA R.WHEELER, CITY CLERK
(SEAL)
RESOLUTION 2008 - 1
CITY OF BLAIR, NEBRASKA
JAMES,E. REALPH, MAYOR
STATE OF NEBRASKA
)
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution
was passed and adopted at a regular meeting of the Mayor and City Council of said City held on
the 8th day of January, 2008.
BRENDA R. WHEELER, CITY CLERK
DEVELOPER AGREEMENT
THIS AGREEMENT made this 8 day of January, 2008, by and between the City of
Blair, Nebraska, hereinafter referred to as "City ", Omaha Public Power District, hereinafter
referred to as "OPPD ", and Blair Auto Mall, L.L.C., Brian C. Gibbs, President, hereinafter
referred to as "Developer ".
WHEREAS, Developer and OPPD have submitted a replat for the subdivision legally
described as: GIBBS SUBDIVISION (Lots 1 through 6 inclusive) being a replat of Adamsons'
Wingate Subdivision, located in the Northwest one - quarter of Section 23, Township 18 North,
Range 11 East of the 6th P.M., Washington County, Nebraska. (See attached Exhibit A which is
fully incorporated herein by reference); and
WHEREAS, Developer requests that City form improvement or extension districts for
paving and storm sewer, water and sanitary sewer services to the subdivision and Developer is
willing to participate in and fund a portion of the cost of said improvements without the same
being assessed against the real estate within the subdivision; and,
WHEREAS, Omaha State Bank, Omaha, Nebraska ( "Developer's Lending Institution ")
may have or claim an interest in said real estate and agree their interest shall be junior and
inferior to City's assessments against said real estate for the construction of said improvements.
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL COVENANTS AND
BENEFITS TO EACH PARTY AS SET FORTH HEREIN, IT IS AGREED AS FOLLOWS:
1. Developer and OPPD hereby agree that this agreement shall constitute their petition for
creation of said improvement districts. Pursuant to the applicable terms, conditions or
prohibitions of the statutes of the State of Nebraska, City will create paving and storm
1
sewer, water and sanitary sewer improvement districts for the construction of said
improvements within the Gibbs Subdivision according to the terms of this Agreement.
2. All improvements and construction under said district shall be made pursuant to the
specifications of City. All contracts for such improvements shall be entered into by City
and according to the terms and conditions approved by City.
3. Developer hereby agrees to pay twenty percent (20 %) of all construction and engineering
costs attributed to such districts that benefit his /her subdivision. City shall not execute
contracts for the construction of said improvements until Developer has posted with the
City a security bond guaranteeing payment of said twenty percent (20 %) upon
completion of the contracts and payment by City to the contractors, or, Developer has
deposited a cash sum with City equal to twenty percent (20 %) of the total contract prices.
4. It is specifically agreed between the parties that Developer shall be responsible for and
pay upon completion of construction under the contracts, a sum equal to twenty percent
(20 %) of the actual construction cost. Actual construction cost includes the cost of
engineering services, geotechnical services and the total contract price for all
improvements including any change orders approved by the City from time to time. In
the event any change orders are submitted to City for approval, the Developer will be
notified by the City if such change orders to the construction contract(s) are required. In
the event said surety bond or cash deposit exceeds said twenty percent (20 %) of actual
construction costs, City shall remit the balance to Developer. In the event the surety bond
or cash deposit is less than twenty percent (20 %) of the actual construction costs,
Developer shall within fifteen (15) days following notification by City of such deficiency
2
remit same to City. The remaining eighty percent (80 %) of the actual construction cost
shall be paid by City to the contractors and assessed as set forth below.
5. City shall specially assess the special assessment portion of the actual construction and
engineering costs, after credit for said twenty percent (20 %) amount paid by Developer,
against the property owned by developer and specially benefitted based upon an
allocation of special benefits from the improvements completed by the projects engineer
and approved by the City and the Developer. The City, Developer and OPPD hereby
agree that the property in the proposed Water Extension District No. 48, Sanitary Sewer
Extension District No. 71 and Paving District No. 190 will be equitably assessed if based
upon the following agreed formula:
a. One half ( shall be specially assessed on a per lineal foot basis to Lots 2 -4
inclusive, as shown in the approved replat (Exhibit A).
b. One half ( shall be specially assessed to Lot 1.
c. Lots 5 -6 inclusive shall not be assessed any of these costs.
The City shall levy such special assessments within one hundred and twenty (120) days
from the date that engineer certifies the completion of the improvements being installed
under the improvement districts. The procedure for levying the special assessments shall
be that set forth in the City of Blair Municipal Code and the laws of the State of
Nebraska. The term "actual construction cost" shall include the engineering cost that
relate to the improvement along with other costs associated with such construction.
6. It is further agreed by all parties, including the Developer and any other persons,
including but not limited to the Lending Institution who may have or claim an interest in
3
By:
By:
10. The Developer agrees to convey to City all right, title and interest it may have in the
Z3 Me
proposed , said road to remain a public street, and the proposed Clifford
Brenda Wheeler, City Clerk
Omaha State Bank
By:
Authorize sentative
Drive right of way.
11. This ` Agreement shall be binding upon and inure to the benefit of the Developer, OPPD,
City, UtYI,*CBank and each of their respective successors, representatives and
assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first above written.
ATTEST:
Brian C. Gibbs, President
Blair Auto Mall, L.L.C.
5
CITY OF BLAIR
By:
ealph, Mayor City of Blair
Adri inks, Vice President
Oma a Public Power District
100 0 100
1 inch = 100 fl.
Point of Beginning
NW Comer cite ad.
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Se0.25-I8 -11
COUNTY TREASURER
JOB 09400.001
SHEET
1 of 1
11
100
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the SE1I47111 0114
Sec. 23-18.11
LAND SURVEYORS CER "IFICATE
I HEREBY CERTIFY THAT I HAVE MADE BOUNDARY SURVEY OF THE SUBDMSION DESCRIBED HEREIN AND THAT PERMANENT MARKERS
HAVE BEEN FOUND OR SET AT ALL CORNERS OF SAID BOUNDARY AND THAT PERMANENT MARKERS WILL BE SET ATALL CORNERS,
ANGLE POINTS AND POINTS OF CURVATUREWITHW SAID SUBDMSION TO BE KNOWN AS GIBBS SUBDMSION. BEING A REPLAT OF
ADAMSONS' WYNGATE SUBDIVISION, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 11 EAST
OF THE 891. PM., WASHINGTON COUNTY, NEBRASKA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF SAID ADAMSONS' WYNGATE SUBDNISION, THENCE NORTH 87 °5539' EAST (ASSUMED BEARING) FOR 132223
FEET ALONG THE NORTH LINE OF SAID ADAMSONS' WYNGATE SUBDIVISION; THENCE THE FOLLOWING SIX (6) COURSES ALONG THE
WESTERLY LINE OF LS HIGHWAY 30 RIGHT-OF-WAY; (1)S0UTH 02 ° 1326" EAST FOR 40.41 FEET (2)S0UTH24 ° 5701' WEST FOR 151.48 FEET
(3)SOUTH 401042' WEST FOR 101.91 FEET (4)SOUTH 3517'24' WEST FOR 37.02' (5)SOUTH 35 °3431' WEST FOR 211.42 FEET (8)SOUTH
2611037' WEST FOR 240.60 FEET; THENCE SOUTH 87 °5552' WEST FOR 921.78 FEET ALONG THE SOUTH LINE OF SAID ADAMSONS
WYNGATE SUBDIVISION; THENCE NORTH 01'5435' WEST FOR 859.70 FEET ALONG THE WESTUN0 OF SAID ADAMSONS WYNGATE
SUBDMSION TO THE POINT OF BEGWNWG. ABOVE DE_, CT CONTAINS 17.11 ACRES, MORE OR LESS.
CORY J. 80, 40140.619
ADRIAN MINKS, VICE PRESIDENT
OMAHA PUBLIC POWER DISTRICT
FINAL PLAT
GIBBS SUBDIVISION
BEING A REPLAT OF ADAMSONS' WYNGATE SUBDIVISION, LOCATED IN THE
NORTHWEST ONE — QUARTER OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 11 EAST
OF THE 6th. P.M., WASHINGTON COUNTY, NEBRASKA.
47240'
5
6.22 P'
353.79'
BRIAN C. GIBBS, PRESIDENT DATE
BLAIRAUTO MALL L.L.C.
GIBBS SUBDIVISION
REPLAT OF ADAMSONS WYNGATE SUBDMSION
NORTHWEST ONE- QUARTER OF SECTION 23•T18N-R11 E
WASHINGTON COUNTY, NEBRASKA
t °xl °t 59
°
DATE
DATE
COUNTY TREASURERS CERTIFICATION
THIS IS TO CERTIFY THAT I FWD NO REGULAR OR SPECIAL TAXES DUE OR DELINQUENT AGAINST THE
PROPERTY AS DESCRIBED WITHIN THIS PLAT AS SHOWN BY THE RECORDS OF THIS OFFICE.
DATE
20
12/ 20/09
DEDICATION
KNOW ALL PERSONS BY THESE PRESENTS:THAT WE, BLAIRAUTO MALL, L.L.C. AND OMAHA PUBLIC POWER DISTRICT, BEING THE
OWNERS OF THE PROPERTY DESCRIBED 0I111171 THE SURVEYORS CERTIFICATE AND EMBRACED WITHIN THIS PLAT, HAVE CAUSED
SAID PROPERTY TO BE SU801805D INTO LOTS AND STREETS TO BE NAMED AND NUMBERED AS SHOWN. SAID SUBDMSION TO BE
HEREAFTER KNOWN AS 'GIBBS SUBDMSION', AND WE HEREBY RATIFY AND APPROVE THE DISPOSITION OF OUR PROPERTY AS
SHOWN ON THIS PLAT AND WE DO HEREBY DEDICATE TO THE PUBLIC, FOR PUBLIC USE, THE STREETS AS SHOWN HEREON. IN
WITNESS HEREOF WE DO HEREBY SET OUR NAMES.
Lots 1 thru 6
138 A'
\ Pittack Street • -- ,
N 8755 I E 1322.2 — 6 765 ' 0 00000 °w 20 SA 448.09'
341.73' ox D�
20.97' n 20.98' \
N
30' 0
4
1.62 Ac#
307.65'
20Pw ,SBSh2m Sewer, Dstz,tl 1
COI and Drainage Ezwne,d.
-)348231 338.7EM) —
(18304
m
3
38.37'
27,83'
28.92'
210'01 31` C.�� — N01 SRbB
iq Gibbs Drive
25.00' g 325.16' .4 QQ Y Q
2 A �//
130 Ac3 r 7 /
212.44' fil♦A d e 287.44_
ez19T'l 621,7610)
8 8755'52 W 92176 I 940.
C1 I C1
/ 1 I C2
COUNTY OF
NOTARY PUBLIC
COUNTY OF
ATTEST:
CITY CLERK
SCHEMMER
ARCHITECTS 1 ENGINEERS 1 PLANNERS
15w5.1e Permanent 068
T4Eesmrmslgan
0 tle, CdyoIBlae
1
25 Ac *
ACKNOWLEDGMENT OF NOTARY
STATE OF
ACKNOWLEDGMENT OF NOTARY
STATE OF
RADIUS
270.00'
670.06
)
)
)
..,. 12/14/2007
10x 10
6
1119 °.
T �8eanl&tl
S 0213'26' E
40.41'
' r/ 8 24'57'01' W
4 /r 151.48'
• 7 — 8 4010'42' W
10191'
8 353724' W
T off 37.02'
P ry
O LEGEND
0 �g � • PROPERTY CORNER FOUND (A5 Noted)
9r 0 PROPERTY CORNER SET (35 Reber Wrap 819)
.r P PLAT DIMENSION
S SURVEY DIMENSION
(10) EASEMENT DIMENSION
NOTES
WALL ANGLES ARE 90 °001)0' UNLESS NOTED,
(2) ALL LOT LINES I INTERSECTING CURVES ARE RADIAL UNLESS NOTED
OT
(3) ALL PROPOSED LOT CORNERS, ANGLE POINTS AND POINTS OF
CURVATURE WILL BE SET WITH A&5 REBAR WITH CAP #619.
CENTERLINE CURVE TABLE
LENGTH DELTA ANGLE CHORD BEARING
52.54' 1010960' 14 03°30'28'E
19920' 17 °02'37' 941704101E
ON THIS _DAY OF 20 BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, QUALIFIED AND COMMISSIONED IN AND FOR
SAID COUNTY AND STATE, PERSONALLY APPEARED BRIAN 0. GIBBS, PERSONALLY KNOWN BY ME TO BE 155 IDENTICAL PERSON WHOSE
NAME IS AFFIXED TO THE DEDICATION AND HE DID ACKNOWLEDGE THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED.
DATE
NECnneroflhe
501/4 of t to MA
CH. DIST. I
52.48' 1
198.57' 1
ON THIS _ DAY OF 20 BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, QUALIFIED AND COMMISSIONED W AND FOR
SAID COUNTY AND STATE, PERSONALLY APPEARED ADRIAN MINKS, PERSONALLY KNOWN BY ME TO BE THE IDENTICAL PERSON WHOSE
NAME IS AFFIXED TO THE DEDICATION AND SHE DID ACKNOWLEDGE THE EXECUTION THEREOF TO BE HER VOLUNTARY ACT AND DEED.
NOTARY PUBLIC DATE
APPROVAL OF THE BLAIR CITY COUNCIL
11-1I5 PLAT OF GIBBS SUBDIVISION WAS APPROVED BY THE CITY COUNCIL OFBLAIR, NEBRASKA
MAYOR DATE
APPROVAL OF THE CITY PLANNING COMMISSION
THIS PLAT OF GIBBS SUBDMSION HAS BEEN REVIEWED BY THE BLARCTY PLANNING COMMISION
CHAIRPERSON, CITY PLANNING COMMISSION DATE
;`•:_ 1 0051GNE0 '
(DRAWN CJG
!CHECKED M5119
i2/2o lerenei e oF Gees Mee
Prepared by The Schemer Associates
1044 11097 115th. Street, 50te 300
Omaha, NE 68154 -4436
402493.4800