RES 2001-1696 - Amendment to subdivision agmt, Cattail Creek Replat One ,,,ps
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—Works Depaarfinen-W t
• r Omaha/Douglas Civic Center
, . �'',;, 7 1819 Farnam Street,Suite 601
s�r' Omaha,Nebraska 68183-0601
x (402)444-5220
p: . -...,r,'-:_.=`.�' Telefax(402)444 5248
o4'i7O FE.131°4v Norm Jackman,P.E.
City of Omaha Acting Public Works Director
Mike Fahey,Mayor
Honorable President
and Members of the City Council,
The attached Resolution approves the Amendment to the Subdivision Agreement among
Celebrity Homes, Inc., Sanitary and Improvement District (S.&I.D.) 466 of Douglas County,
Nebraska and the City of Omaha. The Subdivision Agreement covered the public improvements
for Cattail Creek and was approved by City Council on December 19, 2000.
The Amendment revises the Subdivision Agreement to reflect the new lot line configuration for
Cattail Creek Replat One. The Replat will allow for the construction of 81 single family homes
instead of the 120 duplex homes originally planned. The Amendment provides for a refund of
interceptor sewer fees of$4,077.00 to be paid from the Interceptor Sanitary Sewer Improvement
Fund No. 131, S.&I.D. 466. All other aspects of the original Subdivision Agreement are not
affected.
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.
47.7(____ _/6--�7 / G 6 zz .oi
N rm c an,P.E. Date Robert C. Peters Date
Acting Director Acting Planning Director
Approved: Z4fTitt*
ed to City Counonsideration:
siTh .
A
Stanley P. Ti Date Date
Acting Finance Director
P:\PW 1\1696sap.doc
•
AMENDMENT TO "CATTAIL CREEK"
SUBDIVISION AGREEMENT
FOR "CATTAIL CREEK REPLAT ONE"
THIS AMENDMENT, made and entered into this j `day of, „t.Ar! , 2001
by and between CELEBRITY HOMES, INC. (hereinafter referred to as "Subdivider"),
and SANITARY AND IMPROVEMENT DISTRICT NO. 466 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 264 through 323,
inclusive, all in Cattail Creek, 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 December 19, 2000 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 1-81
: 81 UNITS @ $947.00 = $76,707.00
TOTAL REPLAT AMOUNT = $76,707.00
PREVIOUSLY PAID: 120 Duplex Units @ $673.20 = $80,784.00
TOTAL PREVIOUSLY PAID= $80,784.00
TOTAL DUE $ 4,077.00
1
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
ITY CLERK MAYOR D to
ATTEST: SANITARY AND IMPROVEMENT
DISTRICT NO. 466 OF DOUGLAS
COUNTY, NEBRASKA
.1��' S�3oro� •y
DATE HAI RMAN DATE
ATTEST: CELEBRITY HOMES, INC.
RESIDENT DATE
APPROVED AS TO FORM
CITY ATTORNEY
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A�! .G25A CITY OF OMAHA
v LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY.OF OMAHA:
WHEREAS, Celebrity Homes, Inc. proposes to build a subdivision to be known
as Cattail Creek Replat One which will be located Southeast of 190th and"L" Streets; and,
WHEREAS, Sanitary and Improvement District (S.&I.D.) 466 will build public
improvements in this subdivision; and,
WHEREAS, Celebrity Homes, Inc. and S.&I.D. 466 wish 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, S.&I.D. 466 will receive a refund of$4,077.00 from the Interceptor
Sewer Fund No. 131; and,
WHEREAS, the parties entered into a Subdivision Agreement approved by City
Council on December 19, 2000; and,
WHEREAS, Cattail Creek Replat One is a replat of Lots 264 through 323,
inclusive, of Cattail Creek; 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,
Sanitary and Improvement District 466 of Douglas County, Nebraska and Celebrity Homes,
Inc., as recommended by the Mayor, providing for the sewer connection to the City of Omaha
sanitary sewer system and, a refund of Interceptor Sewer Fees from Fund No. 131 is hereby
approved.
PAP 7sap.d APPROVED AS TO FORM:
By
ouncilmember — / ?-07
Adopted � .. ..Q.. .Q CITY ATTORNEY DATE
City Clerk
Approved �o0 a/
May /
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