RES 1999-1002 - Amendment to subdivision agmt, Westin Hills Replat Twenty-Three VEC
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.••- • w March 23, 1999 �';
- ,i• Omaha,Nebraska 68183-0601
O'TeD FEBR�' '"' (402)444-5220
i , Telefax(402)444-5248
City of Omaha _ ' Don W.Elliott,P.E.
Hal Daub,Mayor Public Works Director
041\Honorable President
and Members of the City Council,
The attached Resolution approves the Amendment to the Subdivision Agreement between Celebrity
Homes,Inc., Sanitary and Improvement District(S.&I.D.)415 of Douglas County,Nebraska and the
City of Omaha. The Subdivision Agreement covered the public improvements for Westin Hills and
was approved by City Council on July 22, 1997.
The Amendment revises the Subdivision Agreement to reflect the new lot line configuration for
Westin Hills Replat Twenty Three, which is a replat of Lots 50 through 63, inclusive, of Westin
Hills. The Amendment provides for a refund of interceptor sewer fees of$2,692.80 to be paid to
S.&I.D. 415 from the Interceptor Sewer Fund. All other aspects of the original Subdivision
Agreement remain the same.
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.
-r8) ���� 3 4/t J• // •f 7
Don W. Elliott bate Robert C. Peters Date
Public Works Director Acting Planning DirectQ
(App oved: Referr e C'ty Co cil for Consideration:
` e
i A. D'Ercole ateB a or s Office/Title ate
Louisy
Finance Director
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AMENDMENT TO "WESTIN HILLS "
SUBDIVISION AGREEMENT
FOR "WESTIN HILLS REPLAT TWENTY - THREE"
THIS AMENDMENT, made and entered into this.2ley of /%�, , 1999,
by and between CELEBRITY HOMES (hereinafter referred to as 'Subdivider"), and
SANITARY AND IMPROVEMENT DISTRICT NO. 415 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 50 through 63, inclusive,
inclusive, Westin Hills, 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 22, 1997 setting forth certain conditions; and
WHEREAS, Exhibit "A" of the Agreement is hereby revised as shown on Exhibit
"A" of this Amendment attached hereto, 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 1-4, 4 S.F. LOTS
: 4 UNITS @ $673.20 = $2,692.80
LOTS 5-12, 8 R5 LOTS
: 16 UNITS @ $673.20 = $10,771.20
•
TOTAL REPLAT AMOUNT = $13,464.00
1
PREVIOUSLY PAID: LOTS 60-63, 4 S.F. LOTS
4 UNITS @ $673.20 = $2,692.80
LOTS 50-59, 10 R5 LOTS
20 UNITS @ $673.20 = $13,464.00
TOTAL PREVIOUSLY PAID= $16,156.80
TOTAL I• R $2,692.80
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: C OF 0 HA
I CLERK AYOR at
"?
ATTEST: SANITARY AND IMPROVEMENT
DISTRICT NO. 415 OF DOUGLAS
COUNTY, NEB KA
CL�` DATE HAIRMAN DATE
ATTEST: CELEBRI HOMES
-7,4a4/
P ESIDENT DATE
APPROVED AS TO FORM
�A T CITY ATTORNEY
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr March 23, 19 99
•
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Celebrity Homes,Inc., proposes to build a subdivision to be known as
Westin Hills Replat Twenty Three which will be located Southwest of 145th and Tibbles Streets;
and,
WHEREAS, Sanitary and Improvement District (S.&I.D.) 415 will build public
improvements in this subdivision; and,
WHEREAS, Celebrity Homes, Inc. and S.&I.D. 415 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. 415 will be refunded $2,692.80 from the Papillion Creek
Interceptor Sewer Fund; and,
WHEREAS, the parties entered into a Subdivision Agreement approved by City
Council on July 22, 1997; and,
WHEREAS, Westin Hills Replat Twenty Three is a replat of Lots 50 through 63,
inclusive, of Westin Hills; 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:
By
Councilmember
Adopted
City Clerk
Approved
Mayor
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr March 23, 19 99
PAGE 2
THAT, the Amendment to the Subdivision Agreement between the City of Omaha,
Sanitary and Improvement District 415 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, a reduction of lots and a refund of Interceptor Sewer Fee, is hereby approved.
APPROVED AS TO FORM:
f:fr
AS IS CITY ATTORNEY DATE
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