CITY OF PAPILLION MAYOR AND CITY COUNCIL REPORT MAY 16, 2018 AGENDA

Transcription

1 CITY OF PAPILLION MAYOR AND CITY COUNCIL REPORT MAY 16, 2018 AGENDA Subject: Type: Submitted By: A request to vacate the Final Plat for Prairie Queen First Subdivision, a subdivision legally described as Lots 1 through 9, Prairie Queen First Subdivision, and to provide for an effective date thereof. The applicant is Jerry Reimer, Prairie Queen, LLC. (Prairie Queen) Ordinance #1809 (Introduction) Mark A. Stursma, AICP Planning Director SYNOPSIS This is a request to vacate the Final Plat for Prairie Queen First Subdivision to allow a corrected Final Plat to be approved and recorded. The original Final Plat mylar submitted to the Sarpy County Register of Deeds by the applicant inadvertently differed from the Final Plat that was approved by City Council because it incorrectly listed the plat name as Prairie Queen First Subdivision instead of Prairie Queen. As a result of this name change, the recorded Final Plat deviates from the established naming convention used in all the corresponding agreements and other documents between the City and applicant. City and applicant desire to vacate the final plat known as Prairie Queen First Subdivision via the attached Ordinance No so that the aforementioned naming convention error may be eliminated and a revised final plat may be recorded with the Sarpy County Register of Deeds with the correct name. FISCAL IMPACT None. RECOMMENDATION Introduction. BACKGROUND On April 26, 2017, the Papillion Planning Commission unanimously recommended approval of a preliminary plat for Prairie Queen. On June 20, 2017, City Council unanimously approved the Prairie Queen Preliminary Plat via Resolution No. R On August 30, 2017, the Papillion Planning Commission unanimously recommended approval of a final plat for Phase 1 of Prairie Queen. On January 2, 2018, City Council unanimously approved a final plat for Phase 1 of Prairie Queen via Resolution No. R On March 29, 2018, the Sarpy county Register of Deeds recorded a final plat mylar for Prairie Queen First Subdivision under Instrument No ATTACHMENTS: Ordinance #1809

2 ORDINANCE NO AN ORDINANCE TO VACATE THE FINAL PLAT FOR PRAIRIE QUEEN FIRST SUBDIVISION, A SUBDIVISION LEGALLY DESCRIBED AS LOTS 1 THROUGH 9, PRAIRIE QUEEN FIRST SUBDIVISION, AND TO PROVIDE FOR AN EFFECTIVE DATE THEREOF. WHEREAS, on April 26, 2017, the Planning Commission unanimously recommended approval of a preliminary plat of the real property owned by Prairie Queen, L.L.C., ( Developer ) and legally described as follows: Tract 1: a tract of land located in the W1/2 of the NW1/4 of Section 30, T14N, R12E of the 6th P.M., Sarpy County, NE, and Tract 2: that part of the NW1/4 of Section 30, T14N, R12E of the 6th P.M., Sarpy County, NE, generally located near the intersection of S 132 ND Street & Lincoln Road ( the Prairie Queen Preliminary Plat ); and WHEREAS, on June 20, 2017, the City of Papillion City Council ( City Council ) unanimously approved the Prairie Queen Preliminary Plat via Resolution No. R ; and WHEREAS, Developer intends to plat the aforementioned real property in phases, the entirety of which shall be known as Prairie Queen ( Prairie Queen ); and WHEREAS, on January 2, 2018, City Council unanimously approved the final plat of the first phase of Prairie Queen via Resolution No. R , which first phase shall consist of an area legally described as a tract of land located in the NW 1/4 of Section 30, T14N, R12E of the 6th P.M., Sarpy County, NE, generally located near the intersection of S 132 ND Street and Lincoln Road ( Final Plat ); and WHEREAS, a signed final plat mylar was provided to the Sarpy County Register of Deeds and recorded on March 29, 2018 as Instrument No WHEREAS, it recently came to the City of Papillion s ( City ) attention that the aforementioned final plat mylar provided to the Sarpy County Register of Deeds for recording inadvertently differed from the Final Plat that was approved by City Council because it incorrectly listed the plat name as Prairie Queen First Subdivision instead of Prairie Queen, thereby deviating from the established naming convention used in all the corresponding agreements and other documents between the City and Developer which in turn may cause confusion, interpretation inconsistencies, and issues with recording, and, if uncorrected, would produce a confusing naming convention for future phases of Prairie Queen; and WHEREAS, by this Ordinance No. 1809, City and Developer desire to vacate the final plat known as Prairie Queen First Subdivision so that the aforementioned naming convention error may be discarded and a revised final plat may be recorded with the Sarpy County Register of Deeds that uses the correct naming convention.

3 BE IT ORDAINED by the Mayor and City Council of the City of Papillion, Nebraska, as follows: Section 1: That a signed final plat mylar was provided to the Sarpy County Register of Deeds and recorded on March 29, 2018 as Instrument No Said final plat mylar listed the plat name as Prairie Queen First Subdivision ( Prairie Queen First Subdivision Final Plat ), a copy of which final plat is attached hereto and incorporated herein as Exhibit A. The area encompassed by said Prairie Queen First Subdivision Final Plat is comprised of the following metes and bounds legal description: A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 14 NORTH, RANGE 12 EAST OF THE 6TH P.M., SARPY COUNTY, NEBRASKA SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 30; THENCE N E ON THE NORTH LINE OF THE NORTHWEST 1/4, A DISTANCE OF FEET TO THE EASTERLY RIGHT OF WAY LINE OF SOUTH 132 ND STREET; THENCE S E ON THE EASTERLY RIGHT OF WAY LINE OF SOUTH 132 ND STREET, A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE N E A DISTANCE OF FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF FEET, WITH A RADIUS OF FEET, WITH A CHORD BEARING OF S E, WITH A CHORD LENGTH OF FEET; THENCE S E A DISTANCE OF FEET, THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF FEET, WITH A RADIUS OF FEET, WITH A CHORD BEARING OF N E, WITH A CHORD LENGTH OF FEET; THENCE S E A DISTANCE OF FEET; THENCE S W A DISTANCE OF FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF FEET, WITH A RADIUS OF FEET, WITH A CHORD BEARING OF S W, WITH A CHORD LENGTH OF FEET; THENCE WITH A COMPOUND CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF FEET, WITH A RADIUS OF FEET, WITH A CHORD BEARING OF S W, WITH A CHORD LENGTH OF FEET; THENCE S E A DISTANCE OF FEET; THENCE S E A DISTANCE OF FEET; THENCE S E A DISTANCE OF FEET; THENCE S E A DISTANCE OF FEET; THENCE S W A DISTANCE OF FEET TO THE NORTH LINE OF LINCOLN ROAD; THENCE, ON SAID NORTH LINE, WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF FEET, WITH A RADIUS OF FEET, WITH A CHORD BEARING OF N W, WITH A CHORD LENGTH OF FEET; THENCE S W, ON SAID NORTH LINE, A DISTANCE IF FEET; THENCE N W A DISTANCE OF FEET; THENCE

4 S W A DISTANCE OF FEET; THENCE N W A DISTANCE OF FEET; THENCE S W A DISTANCE OF FEET; THENCE S W A DISTANCE OF FEET TO THE EAST LINE OF 132 ND STREET; THENCE N W, ON SAID EAST LINE, A DISTANCE OF FEET BACK TO THE POINT OF BEGINNING. Section 2: That said Prairie Queen First Subdivision Final Plat was recorded using the incorrect naming convention and should have instead listed the plat name as Prairie Queen. Using the plat name Prairie Queen First Subdivision may cause confusion, interpretation inconsistencies, and issues with recording other pertinent documents against the property, and, if uncorrected, would produce a confusing naming convention for future phases of Prairie Queen. Section 3: That the Prairie Queen First Subdivision Final Plat is hereby vacated pursuant to Neb. Rev. Stat contingent upon: (1) City Council s approval of Resolution No. R adopting the revised final plat for the first phase of Prairie Queen, which revised final plat uses the correct Prairie Queen naming convention ( Revised Final Plat ), and (2) recording of said Revised Final Plat with the Sarpy County Register of Deeds immediately after the vacation of the Prairie Queen First Subdivision Final Plat. Section 4: That no public highways, streets, alleys, and public grounds thereof are to be retained by the City upon such vacation, but rather shall revert back to Prairie Queen, L.L.C. as the owner of the same as though the entirety of the Prairie Queen First Subdivision Final Plat had never been recorded so that any revised public highways, streets, alleys, and public grounds may be dedicated anew pursuant to the Revised Final Plat upon its recording with the Sarpy County Register of Deeds. Section 5: Effective Date. This Ordinance shall be in full force and effect fifteen (15) days after its passage. The City Clerk shall publish notice of its adoption in book or pamphlet form. The City Clerk is directed to effectuate the publishing of this Ordinance for at least one (1) week in a legal newspaper in or of general circulation within the City of Papillion, which publication must take place within fifteen (15) days of the passage of this Ordinance by City Council. PASSED AND APPROVED this day of, CITY OF PAPILLION DAVID P. BLACK, Mayor

5 Attest: Nicole L. Brown, City Clerk 1 st Reading: 2 nd Reading: 3 rd Reading:

6 EXHIBIT A