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RES 2006-0451 - Subdivision agmt, Stone Creek Village cs) �-�`,��► Public Works Department f~ '" E l r E 3 Omaha/Douglas Civic Center . �� APR1 1819 Famam Street,Suite 601 ® 'E"� � "r`° I Omaha Nebraska 68183-0601 oa-r' y it �ry April 25, 2006 �j �: .90j, (402)444-5220 OAFD FEB��� �;'�r rn i -r • Fax(402)444-5248 City of OmahaM'' ;'; f;� Robert G.Stubbe,P.E. Mike Fahey,Mayor Public Works Director Honorable President and Members of the City Council, The attached Resolution approves the Subdivision Agreement among Triton Homes, LLC, The Stone Creek Village Homeowners Association, and the City of Omaha. This Subdivision Agreement covers the public improvement of Stone Creek Village (Lot 1), a subdivision located Southeast of 168th Street and Kansas Avenue. This Subdivision. Agreement stipulates which public improvements will be built by Triton Homes, LLC, those which will be paid for by special assessment and those to be paid for privately. The Public Works Department requests your consideration and approval of the attached Resolution and Subdivision Agreement. Respectfully submitted, This action has been reviewed and found to be in conformance with the Master Plan. J-24/44 -- � 3.3 0 .0(0 ' Robert G. Stubbe, P.E. Date v Steven N. Jense , P Date Public Works Director Planning Directo Approved as to Funding: Referred to City Council for Consideration: Carol A. Ebdon 4440 Date Mayor's Office Date Finance Director Approved: 1/2 la) Steve Scarpell , Acting Director Date Parks, Recreation and Public Property Department P:\PW 1\13882pjm.doc . a SUBDIVISION AGREEMENT STONE CREEK VILLAGE, LOT 1 This Subdivision Agreement, made this 0 k\ day of al. , 20 0.6 by and between Stone Creek Village Condominium Owners Association, d Nebraska not-for-profit corporation, Triton Homes, LLC, an Iowa limited liability company(hereinafter referred to as "SUBDIVIDER"), and the CITY OF OMAHA (hereinafter referred to as"CITY"). WHEREAS, the Subdivider is the owner of the land shown on the proposed plat attached hereto as Exhibit"A" (hereinafter referred to as"PROPERTY", and, WHEREAS, the Subdivider proposes to build private improvements on the property; and, WHEREAS, the Subdivider has or will create the Stone Creek Village Condominium Owners Association consisting of the owners of Lot 1; and, WHEREAS, the Subdivider wishes to connect the system of sanitary sewers to be constructed within the property to the sewer system of the City of Omaha; and, WHEREAS, the Subdivider and City desire to agree on the method for the installation and allocation of expenses for improvements to be constructed on the property. NOW, THEREFORE, in consideration of the above the following is agreed between the parties hereto: 1. Public improvements. All required utilities and Public Improvements currently exist. 2. Water and electrical power. the Subdivider agrees to enter into an Agreement with the Metropolitan Utilities District regarding all water line extensions on the property, and into an Agreement with the Omaha Public Power District for power lines to be installed on the property. Copies of all Agreements with the Metropolitan Utilities District and the Omaha Public Power District will be provided to the City within four months from the date of this Agreement. 3. Installation of improvements. The Subdivider agrees to commence the timely and orderly installation of the improvement following execution of this Agreement, pursuant to Section 53-9 of the Omaha Municipal Code. 4. Payment for improvements. The Subdivider shall pay the cost of all the improvements, as well as all charges by the Metropolitan Utilities District for water line installation and charges by the Omaha Public Power District for Underground electrical service or overhead power installations. 5. Sidewalks. The Subdivider shall cause sidewalks along both sides of all public streets within the area to be developed to be constructed according to the following schedule: A. Sidewalks shall be constructed immediately abutting undeveloped lots on either side of any block or cul-de-sac (i.e. circle) as soon as the lots comprising 65% of the abutting footage on such side have been developed. A lot shall be developed for the footage on such side have been developed. A lot shall be developed, for the purpose of this section, when a dwelling has been constructed on the lot. B. Sidewalks shall be constructed immediately abutting developed lots as soon after development as weather shall permit. C. In any event, all sidewalks shall be constructed upon both sides of all public streets within the property within three years of the recording of the subdivision plat. 6. Right to connect to City sewer system. The City hereby acknowledges that it has given the Subdivider the right to connect the sanitary sewer system of the property to the City sanitary sewer system, subject to obtaining proper permits and paying the regular fees. This property is located in the Papillion Creek watershed. Therefore, the Subdivider shall make payment to the City in the amount of$5142.00 per acre x 9.77 acres=$50,237.34 total, for the construction of interceptor sewers as provided by City Policy and Ordinances. 7. Private Improvements. The private improvements shown on Exhibit`B" shall be installed or adequate financial guarantees provided to the City prior to recording the final plat. All of the private improvements shall be installed prior to the issuance of a Certificate of Occupancy for any building within the Plat. The private improvements shall be installed to public works design standards. These improvements include the sanitary and storm sewers and the paving of the access easement to service the lot within the plat. All the private improvements are to be maintained by the Stone Creek Village Owners Association. 8. Attached hereto as Exhibit"B" is the proposed Grading Plan. The subdivider shall acquire a grading permit from the City of Omaha prior to grading in excess of 1 acre. 7. Binding effect. The Subdivision Agreement shall be binding upon the parties, their respective successors,and assigns. ATTEST:>' CITY OF OMAHA )1 /A)44 ‘-- 7///14 4LE OF THE CITY OF OMAHA MAYOR all, APPROVED AS TO FORM: DEVELOPER: / ,fie 1 'V UP la h►�u ` 44,2.6-01AAAI TONE CREEK VILLAGE NOTARY OWNERS ASSOCIATION elk KRISTINE G. GARDNER i .. 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RAJ C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Triton Homes, LLC proposes to build a subdivision to be known as Stone Creek Village (Lot 1) which will be located Southeast of 168th Street and Kansas Avenue; and, WHEREAS, Triton Homes, LLC will build public and private improvements in this subdivision; and, WHEREAS, Triton Homes, LLC wishes 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, Triton Homes, LLC agrees to pay $50,237.34 as a sewer connection fee to be used for the construction of the sewers in the Papillion Creek Watershed; and, WHEREAS, Triton Homes, LLC has or will create the Stone Creek Village Homeowners Association, who will be responsible for identified ongoing maintenance as contained in the Agreement; and, WHEREAS, a Subdivision Agreement has been prepared setting forth all the provisions mentioned above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: By Councilmember Adopted City Clerk Approved Mayor C-25A • CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 2 THAT, the Subdivision Agreement among the City of Omaha, Triton Homes', LLC and the Stone Creek Village Homeowners Association, as recommended by the Mayor, providing for the public and private improvements and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Stone Creek Village (Lot 1) and is located Southeast of 168th Street and Kansas Avenue. P:WW1\13883pjm.doc APPROVED AS TO FORM: CITY ATTORNEY DATE By io...01q44- Councilmember Adopted NAY.................. . . . . . - City Clerk Approved i,AA4 - ;<U7-- Mayor {� 'b , o CA,__,A) 0 ''� a 5, 7c 1 w t sz O4 �. O NO o° O CD AD CD CCD O-h ; O. la b 5 O\ C0 n O . (-) 5 C ' z i A \b AOP' a 2 C ~ N t , ga. N. CDn\c:... \v"..ivi ',-=', -___-__, . 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