RES 2004-1553 - Amendment to dubdivision agmt, Pacific Pointe Replat One 0
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o�Mr .. December 7, 2004 _�
A '_ Omaha,Nebraska 68183 0601
j ., -�— ' (402)444-5220
o�'T�D FEB1`Or4� Telefax(402)444-5248
CiryofOmaha 0 AV �#, Vi Q attSisid
Norm Jackman,P.E.
Mike Fahey,Mayor Acting Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Amendment to the Subdivision Agreement among the City
of Omaha, Pacific Pointe, LLC, and Sanitary and Improvement District 498 of Douglas County,
Nebraska. This Amendment to the Subdivision Agreement covers a refund of interceptor sewer
fees to be paid to S&ID 498 for Pacific Pointe Replat One.
The Subdivision Agreement for Pacific Pointe was approved by City Council on July 27, 2004.
Pacific Pointe Replat One is a replat of Lots 40 thru 49 and Lots 51 thru 58 of Pacific Pointe. All
public improvements to service Pacific Pointe Replat One have been installed and the only
change to the Subdivision Agreement is for a refund of interceptor sewer fees totaling
$2,841.00.
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.
-1()/74-0VC----, //, a(z. ,cy y A'r---
/ 1/.z,- 491‘
fic orm Jackman, P.E. Date Robert C. Peters Date
Acting Public Works Director Planning Direct
Approved as to Funding: Refe ed to City Council for Consideration:
i.
Carol A. Ebdon AMal Date ayor's •ffice Date
Finance Director"i''`
P:\PW2\11319pjm.doc
#2003 090.01
Pacific Pointe Replat One
AMENDMENT TO "PACIFIC POINTE"
SUBDIVISION AGREEMENT
FOR "PACIFIC POINTE REPLAT ONE"
THIS AMENDMENT, made and entered into this1'' day of4r..letnA , 2004 by and
between PACIFIC POINTE, LLC (hereinafter referred to as "Subdivider"), PACIFIC POINTE
HOMEOWNERS ASSOCIATION (hereinafter referred to as "Association"), and SANITARY AND
IMPROVEMENT DISTRICT NO. 498 of DOUGLAS COUNTY, NEBRASKA, (hereinafter referred
to as "SID"), and the CITY OF OMAHA, a Municipal Corporation in the State of Nebraska
(hereinafter referred to as "City").
WITNESSETH
WHEREAS, Subdivider is the owner of the land included with the proposed plat attached
hereto as Exhibit "A", which parcel of land (hereinafter referred to as the "Area to be Developed")
is outside the corporate limits of the City within the City's zoning and platting jurisdiction; and,
WHEREAS, the area to be developed is a replat of Lots 40 TO 49, AND, 51 TO 58,
inclusive, and Outlot "B", all in PACIFIC POINTE, a platted and recorded subdivision in Douglas
County, Nebraska for which the Subdivider, the City, and the SID, have previously entered into a
Subdivision Agreement (hereinafter referred to as the "Agreement"), adopted by the City Council
of the City on July 27, 2004 setting forth certain conditions; and
WHEREAS, the area to be developed required no additional infrastructure improvements
beyond those installed with previous phases; and
WHEREAS, all provisions of the original Agreement are valid and shall remain in effect
except the following paragraph which is revised as follows:
Section IX, Paragraph A. The Subdivision Agreement is amended to provide for a
reallocation on a pro rata basis in the interceptor sewer fees paid by the SID, computed
as follows:
AREAS OF REPLAT: Lots 1-15
: 15 UNITS @ $947.00 = $14,205.00
TOTAL REPLAT AMOUNT = $14,205.00
PREVIOUSLY PAID: Lots 40-49 & 51 = 58. inclusive, PACIFIC POINTE
18 Single Family @ $947.00 = $17,046.00
TOTAL PREVIOUSLY PAID= $17,046.00
TOTAL REFUND' $2,841.00
1
#2003 090.01
Pacific Pointe Replat One
This Amendment to the Subdivision Agreement shall be binding upon the parties, their
respective successors and assigns.
IN WITNESS WHEREOF, we the executing parties, by our respective duly authorized agents,
hereby enter into this Agreement, effective on the day and year first above written.
ATTEST:__ CITY OF OMAHA
•
/2/91.0
TY CLERK MAYOR Date
e4 �_ ,
ATTEST: SANITARY AND IMPROVEMENT
DISTRICT NO. 498 OF DOUGLAS
COUNTY, NEBRASKA
- 2'(-'?J-7-4e---J 44=4--
CLERK DATE CHAIRMAN DATE
II- IR-04
PACIFIC POINTE
HOMEOWNERS ASSOCIATION PACIFIC POINTE, LLC
THOMAS R. FALCONE DATE THOMAS R. FALCONE DATE
PRESIDENT MANAGING MEMBER
APPROVED AS TO FORM
T CITY ATTORNEY
/2*
K:project/2003/090/01/general/subdivision agr revised
2
#2003 090.01
Pacific Pointe Replat One
Notary for Amendment to Pacific Pointe Subdivision Agreement for Pacific Pointe Replat One
ACKNOWLEDGEMENT OF NOTARY
STATE OF NEBRASKA )
COUNTY OF DOUGLAS)
1
On this day of � A./0//. , 2004, before me a Notary Public, duly commissioned and qualified in and for said
County and State, appeared THOMAS R. FALCONE, Managing Member, PACIFIC POINTE L.L.C.,who is personally
known by me to be the identical person whose name is affixed to this Subdivision Agreement, and acknowledged the
execution thereof to be his voluntary act and deed as such officer of said Limited Liability Company.
WITN SS my hand and Not rial Seal the day and year last above written.
�C � ° GENERAL NOTARY-State of Nebraska
�`Y � Seal '' HOMER R.HUNT
Notary Public e
�1— My Comm.Exp.April 30,2007
ACKNOWLEDGEMENT OF NOTARY
STATE OF NEBRASKA )
COUNTY OF DOUGLAS)
On this day of // TA/A)oi/, , 2004, before me a Notary Public, duly commissioned and qualified in and
for said County, appeared THOMAS R. FALCONE, President, PACIFIC POINTE HOME OWNERS
ASSOCIATION who is personally known by me to be the identical person whose name is affixed to this
Subdivision Agreement, and acknowledged the execution thereof to be his voluntary act and deed as such
officer of said Home Owners Association.
WITN SS my hand and Notarial Seal the day and year last above written. NOTARY-State of Nebraska
/� ji:ERAL
HOMER R,HUNT
G° 4J J e" �4 4J Seal My Comm.Exp.April 30,2007
Notary Public
ACKNOWLEDGEMENT OF NOTARY
STATE OF NEBRASKA )
COUNTY OF DOUGLAS)
ler On this day of /7 T/''ot/ , 2004, before me a Notary Public, duly commissioned and qualified in and
for said County, appeared THOMAS R. FALCONE, Chair of SANITARY AND IMPROVEMENT DISTRICT
498 who is personally known by me to be the identical person whose name is affixed to this Subdivision
Agreement, and acknowledged the execution thereof to be his voluntary act and deed as such chair of said
Sanitary and Improvement District.
WITNESS my hand and Notarial Seal the day and year last above written.
GENERAL NHOMOTARY-StateERHUNT of Nebraska
G�yl�/ � 1 Sea My Comm.Exp.April 30,2007
Notary Public
3
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EXHIBIT"A" P�
"" "°"�" E&A CONSULTING GROUP,INC.
mow• „� t•a..] ENGINEERS•PLANNERS•SURVEYORS
PACIFIC POI
o.�� �� FINAL PLAT NTE REPLAT ONE
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Pacific Pointe, LLC proposes to build a Subdivision to be known as
Pacific Pointe Replat One, which will be located Southwest of 192nd and Pacific Streets; and,
WHEREAS, a Subdivision Agreement for Pacific Pointe containing the area of
this replat was approved by the City Council on July 27, 2004; and,
WHEREAS, Pacific Pointe Replat One decreases the number of lots utilizing the
sewer system and, therefore, S&ID 498 is entitled to a refund of$2,841.00 from the Interceptor
Sewer Fund Number 12133, Revenue Account#52516; and,
WHEREAS, an Amendment to the 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:
THAT, the Amendment to the Subdivision Agreement among the City of Omaha,
Pacific Pointe, LLC, and Sanitary and Improvement District 498 of Douglas County, Nebraska,
as recommended by the Mayor, providing for a refund of interceptor sewer fees and authorizing
the Finance Department to reimburse S&ID 498 $2,841.00 from Interceptor Sewer Fund No.
12133, Revenue Account#52516 is hereby approved.
P:\PW2\11320pjm.doc APPROVED AS TO FORM:
CITY ATTORNEY DAT
By Oil pay4 •
ouncilmember
Adopted •' DEC -'7 4 �P-. Q
044/
- City Clerk
Approved:...!!. 'C. _. - ` /O-/9/
--_ ca Mayor
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