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. 1809 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. R17-0111. 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. R18-0007. On March 29, 2018, the Sarpy county Register of Deeds recorded a final plat mylar for Prairie Queen First Subdivision under Instrument No. 2018-06539. ATTACHMENTS: Ordinance #1809
ORDINANCE NO. 1809 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. R17-0111; 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. R18-0007, 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. 2018-06539. 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.
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. 2018-06539. 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 N87 02 27 E ON THE NORTH LINE OF THE NORTHWEST 1/4, A DISTANCE OF 50.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SOUTH 132 ND STREET; THENCE S02 41 20 E ON THE EASTERLY RIGHT OF WAY LINE OF SOUTH 132 ND STREET, A DISTANCE OF 1335.83 FEET TO THE POINT OF BEGINNING; THENCE N87 23 34 E A DISTANCE OF 405.61 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 51.20 FEET, WITH A RADIUS OF 130.00 FEET, WITH A CHORD BEARING OF S81 19 26 E, WITH A CHORD LENGTH OF 50.87 FEET; THENCE S70 02 27 E A DISTANCE OF 45.70 FEET, THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 56.00 FEET, WITH A RADIUS OF 70.00 FEET, WITH A CHORD BEARING OF N87 02 32 E, WITH A CHORD LENGTH OF 54.52 FEET; THENCE S25 52 30 E A DISTANCE OF 60.00 FEET; THENCE S64 07 30 W A DISTANCE OF 65.73 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 49.24 FEET, WITH A RADIUS OF 60.00 FEET, WITH A CHORD BEARING OF S40 36 58 W, WITH A CHORD LENGTH OF 47.87 FEET; THENCE WITH A COMPOUND CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 71.56 FEET, WITH A RADIUS OF 470.00 FEET, WITH A CHORD BEARING OF S12 44 43 W, WITH A CHORD LENGTH OF 71.49 FEET; THENCE S77 37 30 E A DISTANCE OF 75.65 FEET; THENCE S44 04 36 E A DISTANCE OF 33.58 FEET; THENCE S02 41 44 E A DISTANCE OF 360.03 FEET; THENCE S77 37 48 E A DISTANCE OF 109.04 FEET; THENCE S11 12 12 W A DISTANCE OF 69.51 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 249.53 FEET, WITH A RADIUS OF 1089.00 FEET, WITH A CHORD BEARING OF N85 57 12 W, WITH A CHORD LENGTH OF 248.98 FEET; THENCE S87 29 00 W, ON SAID NORTH LINE, A DISTANCE IF 128.39 FEET; THENCE N02 21 18 W A DISTANCE OF 94.36 FEET; THENCE
S87 18 42 W A DISTANCE OF 153.00 FEET; THENCE N02 41 18 W A DISTANCE OF 188.29 FEET; THENCE S87 23 31 W A DISTANCE OF 90.78 FEET; THENCE S54 37 59 W A DISTANCE OF 33.27 FEET TO THE EAST LINE OF 132 ND STREET; THENCE N02 41 20 W, ON SAID EAST LINE, A DISTANCE OF 419.02 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. 19-917 contingent upon: (1) City Council s approval of Resolution No. R18-0084 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, 2018. CITY OF PAPILLION DAVID P. BLACK, Mayor
Attest: Nicole L. Brown, City Clerk 1 st Reading: 2 nd Reading: 3 rd Reading:
EXHIBIT A