ORD 34606 - Annex Rambleridge/Timber Ridge „,„,mieiii tile;
ORDINANCE NO. ly A. /99(. '0f/7A�01-
401
•
AN ORDINANCE extending the limits of the City of Omaha over certain land in Douglas County,
Nebraska, and incorporating the same into and making the same a part of the City of Omaha
and to provide the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
• Section 1. That the corporate limits of the Cityof Omaha be extend
ed ded over and that there
be included therein the following described lands in Douglas County,Nebraska, which presently
adjoins the City Limits of the City of Omaha, as it now exists:
Beginning at a point on the existing City Limit line of the City of Omaha as
established by Ordinance Number 28087, passed July 12, 1977, said point being
50.00 feet North of the Southeast corner of the Southwest Quarter (SW 1/4) of the
Southeast Quarter(SE%)of the Southwest Quarter(SW%)of Section 32,Township
16 North, Range 12 East of the 6th P.M.,Douglas county,Nebraska; thence North 1.
along the East line of the West half(W Y2) of the East half(E Y2) of said Southwest
Quarter(SW V4)to the North line of said Southwest Quarter(SW '/4)of said Section
32; thence East along said North line of said Southwest Quarter (SW %) to the
Northeast corner of said Southwest Quarter (SW '/4); thence North along the West
line of the Northeast Quarter(NE '/4) of said Section 32 to the Northwest corner of
Lot 642, Rambleridge an addition as surveyed, platted and recorded in Douglas
County,Nebraska, said point also being the intersection of said West line with the
Southerly right-of-way line of Military Road;thence Northeasterly to the Southwest
corner of Lot 297, Cherry Ridge, an addition as surveyed, platted and recorded in
Douglas County,Nebraska; said point also being the intersection of the North right-
of-way line of said Military road with the East right-of-way line of 114th Street;
thence Easterly along said North right-of-way line of Military Road to its intersection
with the East right-of-way line of 108th Street, said East right-of-way line being
50.00 feet East of and parallel to the West line of the Northwest Quarter(NW%)of
Section 33, Township 16 North, Range 12 East of the 6th P.M., Douglas County,
Nebraska; thence South along said East right-of-way line of 108th Street to its •
intersection with the South right-of-way line of Fort Street, said right-of-way line
being 50.00 feet South of and parallel to the South line of the Southwest Quarter(SW
1/4) of Section 33 and the Southeast Quarter (SE %) of Section 32, Township 16
North,Range 12 East of the 6th P.M., Douglas County,Nebraska; thence Westerly
along said South right-of-way line to a point on the existing City Limit line as
established by Ordinance Number 30413, passed July 24, 1984, said point being
50.00 feet South of the Northeast corner of the Northwest Quarter (NW %) of the
Northeast Quarter(NE'/4)of Section 5,Township 15 North,Range 12 East of the 6th
P.M.,Douglas County,Nebraska;thence North along the East line of said Northwest
ORDINANCE NO. (ylvQ6
PAGE-2-
Quarter(NW %4) a distance of 50.00 feet to the Northeast corner of said Northwest
Quarter(NW%);thence North along the East line of the Southwest Quarter(SW %4)
of the Southeast Quarter(SE '/4) of said Section 32 a distance of 33.00 feet;thence
Westerly along the existing city Limit line of the City of Omaha as established in said
Ordinance Number 30413, said line being 33.00 feet North of and parallel to the
South line of said Section 32 to a point 33.00 feet North of the Southeast corner of
the Southwest Quarter (SW A) of the Southeast Quarter (SE I/4) of the Southwest
Quarter (SW %) of said Section 32; thence North-along the East line of said
Southwest Quarter(SW I/4) a distance of 17.00 feet to the point of beginning.
A map of the area is attached hereto,marked "Exhibit A", and by this reference made a part of this
Ordinance. The land to be annexed is marked thereon,but said map is for convenience and, in
of discrepancy,the description in this Section shall be controlling. The said territory upon the taking
effect of this Ordinance shall be and become incorporated into, merged in, and be a part of the City
of Omaha,Nebraska, and subject to the jurisdiction thereof and to its laws and ordinances.
Section 2. The Mayor of the City of Omaha is hereby authorized to sign, and its City Clerk
. to attest,the attached Annexation Agreement.
Section 3. That this Ordinance shall be in full force and take effect October 1, 1998.
• INTRO 6CE Y COUNCILMEMBER
APPRO D BY:
0,41
A ' C YOR OF THE CITY OF OMAHA DA E��
PASSED JUL 2 1 199.8 al' zifi /I 'l�l' 6-0
j I
ATTEST: ,
O '
LERK OF T ITY OF OMAHA D TE
APPROVED •
i I
I ASSISTA " CI 0 Y DATE
P:\PLN3\6198.SAP
1
ANNEXATION AGREEMENT
This agreement is made and entered into by and between Sanitary and Improvement District
No. 257 of Douglas County,Nebraska("SID 257"), the Ramble Ridge Homeowners Association,
Inc., a not-for-profit corporation organized under the laws of the State of Nebraska (the
"Association") and the City of Omaha,Nebraska(the "City").
WITNESSETH:
WHEREAS, SID 257 has developed a system of streets and park ground (the public areas)
within the Ramble Ridge Subdivision(Ramble Ridge), and
WHEREAS, the system of streets within the Subdivision consist of dedicated streets and
nondedicated streets designated as courts and plazas,the title to which are owned by SID 257 and
all maintenance and repairs to such dedicated and nondedicated streets has been heretofore provided
by SID 257, and
WHEREAS, SID 257 is the owner of the park ground which is more particularly described
on Exhibit"A" attached hereto and made a part hereof by reference, which park ground has been
maintained by the Association, and
WHEREAS, SID 257 is in the process of being annexed by the City and the parties wish to
provide for the continued maintenance of the public areas and amenities within Ramble Ridge and
to provide the opportunity for the Association to assist in maintenance after annexation of the public
areas at a standard higher than the City's maintenance standards.
NOW, THEREFORE, in consideration of these mutual covenants and for other good and
valuable consideration, the parties hereto agree as follows:
1. Annexation of SID 257. Upon annexation of SID 257 the City will assume the
ownership of all public areas within Ramble Ridge including that Property described in Exhibit"A",
which constitutes the park ground. The courts and plazas which are described on Exhibit"B" shall
be legally dedicated to the City. Conditioned upon the completion of the annexation by the City of
SID 257 the City will assume the maintenance of the public areas within the Ramble Ridge
Subdivision and the Association shall no longer have any obligation to maintain the public areas but
shall be permitted to do so as more fully set forth herein.
2. Maintenance of Public Areas.. After annexation,the City will treat all dedicated and
nondedicated streets (hereinafter "Streets") within Ramble Ridge as public and will provide all
maintenance and snow removal on such streets. This maintenance will not include reconstruction
of the streets without a paving district created by the abutting property owners. Maintenance of the
streets shall be equivalent to the quality of maintenance provided to streets elsewhere in the City.
In addition to street maintenance and snow removal the City shall be responsible for maintenance
of all storm and sanitary sewers within the streets,maintenance of street lighting and shall provide
curb side garbage removal for all residents. The maintenance shall further include the mowing of the
grass and care of the landscaping within the courts and plazas which shall be maintained at least to
City standards.
The Association has entered into an agreement with Ron Sharpe d/b/a Sharpe Enterprises for
the maintenance of the park ground for the 1998 growing season, a copy of which contract is
attached hereto as Exhibit"C". The Association hereby assigns the 1998 maintenance agreement
to the City and the City hereby agrees to accept such assignment of the 1998 maintenance agreement
for the remainder of 1998 and shall provide park care in accordance therewith.
3. Subsequent Maintenance Contracts.. Following annexation the City shall solicit bids
for a one year maintenance contract,which at the discretion of the City, may contain up to two one
year options, for the purpose of maintaining the park ground within Ramble Ridge. The terms and
conditions of the solicitation and the contract shall be designed to provide maintenance at a level of
quality and quantity similar to that enjoyed within Ramble Ridge before annexation, and may
include but not be limited to, provision for fertilization, insecticide application, weed control and
mowing of the park ground,for trash removal,for repair and maintenance of playground equipment,
and for the care of trees growing therein.
4. Association Review of Park Maintenance Contract.. The City shall provide the
Association an opportunity to participate in the preparation of the bid specifications for the
maintenance agreement of the park. The City agrees to have the bid specifications prepared to the
City's park maintenance standards and submitted to the Association by October 1st of each year for
the subsequent maintenance year. The Association agrees to review and return the bid specifications
to the City with additional bid specs for any maintenance work to be performed within the park
ground above the City's park maintenance standard and with the Association's comments by
November 1st of the contract maintenance year. The City agrees to bid out and provide for a bid
letting date in a timely fashion on or before December 1st preceding the maintenance year, or if
applicable, exercise the option to extend the maintenance contract for an additional year. After
reviewing bids, but before accepting a bid,the City shall provide the Association with a copy of the
bids from the contractors, and the Association shall have ten days after receiving such bids to make
a recommendation to the City as to the bidder whose bid it deems to be acceptable and best under
the circumstances to the Association. The City shall be the contract administrator under the
maintenance contract. For purposes of this agreement,the term"City's Park Maintenance Standard"
shall mean the standard of maintenance provided by the City in other similar City parks which would
anticipate 26 mowings per growing season, one broad leaf application and one fertilization
application. It is expressly agreed that the City's Park Maintenance Standard shall not include
operation of irrigation systems within the park area. The City and Association acknowledge that
there exists an irrigation system for watering the islands at 114th Street and that any and all expense
or maintenance obligation associated with such irrigation system including costs of all utilities shall
be the responsibility of Association.Notwithstanding any other provision contained in this paragraph
the Association shall have the right,but not the obligation to perform additional maintenance,tree
removal or landscaping at its sole cost and expense after approval of such additional maintenance
2
•
•
received from the City in writing.
5. Bid Acceptance. The City shall,with due consideration of such recommendation of
the Association,but in its sole discretion and not later than March 1st, accept a bid or reject all bids
in accordance with its applicable regular procedures. Upon execution of a maintenance contract for
the parks the City shall forward a copy of such contract to the Association. The City shall pay for
that portion of the contract up to the City's Park Maintenance Standard and the Association shall pay
to the City that portion of the contract above the City's Park Maintenance Standard ("hereinafter
referred to as the supplementary maintenance payments"). The Association shall pay not less than
one-third of the supplementary maintenance payments to the City by July 1st,an additional one-third
by September 1st and the final one-third by November 1st of each year.
6. Snow Removal. The City shall provide the snow removal for the asphalt pathway
which provides access to Prairie Wind School across Lot 631 as designated on Exhibit "C". The
City shall utilize its best efforts to remove or contract for the removal of any snow of one inch or
more as reported by Eppley Field Weather Station on or before 7:00 a.m. following the one inch
snow fall during the days that the Omaha Public School District schools are open. The City shall
designate such asphalt pathway as primary pedestrian ways for the purposes of snow removal. Such
snow removal shall be performed at City's costs and under such contract or City services as the City
deems acceptable.
7. Playground Equipment.. The City acknowledges that there are two areas within the
park with playground equipment which is anticipated to meet the current applicable safety standards.
In the event such equipment does not meet current applicable safety standards and the City elects
to remove such equipment,the City agrees to replace the nonconforming equipment with comparable
playground equipment which meets current applicable safety standards. Prior to removing or
installing replacement equipment the City shall inform the Association of its plans to do so and to
give the Association an opportunity to make recommendations to the City as to the type and location
of equipment to be replaced. The City will consider the recommendations made by the Association
but shall not be bound by such recommendations and may install such equipment as it deems
satisfactory in its sole discretion. Nothing herein shall prohibit the Association from causing
additional playground equipment to be installed at its cost within the park ground, however, prior
to installing such equipment the Association shall present its plan for equipment setting forth the
type of equipment and the location of the equipment desired. The City shall then either approve or
disapprove of the equipment and its location and if such equipment is disapproved, such equipment
shall not be installed. If approved all engineering and contract administration will be handled by the
City. The City, as part of its approval of the installation of additional playground equipment
requested bythe Association, may condition such approval upon the Association maintaining the
equipment being installed at its cost.
8. Notices. Any notice permitted or required by this agreement shall be given only in
written form as follows:
3
(a) If given by Association to the City such notice shall be delivered or mailed by U.S.
Mail,postage prepaid to:
Parks Recreation and Public Property Department
701 Civic Center Building
1819 Farnam Street
Omaha,NE 68183
Public Works Director
1819 Farnam Street
Room 600
' Omaha,NE 68183
(b) If given by the City to the Association, such notice shall be delivered or mailed
without any postage paid to:
Ramble Ridge Homeowners Association
P.O. Box 34482
Omaha,NE 68134
9. Effective Date.. This agreement shall become effective the day of its approval and
execution by the City of Omaha and shall be terminated only upon the written agreement of the City
and Association.
10. This agreement constitutes the complete agreement between the parties hereto. Any
modification of this agreement must be in writing and signed by the City and Association. The
agreement is to be construed under the laws of the State of Nebraska.
Dated this day of July, 1998.
SANITARY AND IMPROVEMENT
DISTRICT140.257 OF DOUGLAS COUNTY,
NEB; "y„I/
T,A
:, i t A,
4
By: id .
' 141./Ct#D
Clerk
4
RAMBLE RIDGE HOMEOWNERS
ASSOCIATION,
President
CITY OF OMAHA,
By:
ity lerk Aar Mayor
Approved as to Form:
Assistant ' Atto
F:\SIDWGREES\257.AGR
5
ANNEXATION STUDY
RAMBLERIDGE/TIMBER RIDGE
SID 257
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Area: 277 Acres Date Passed:
Population: 2278 Date Effective:
Valuation: $ 64, 575, 055 Ordinance No.
00
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Area to be Annexed is Shaded
Scale 3" - 1 mile
•
EXHIBIT "B"
Lots 604 through 617 and Lots 619 through 630, Rambleridge, a
subdivision in Douglas County,Nebraska.
- • •
15102 Edna Street
$HRepL lints Omalla,NE 6,8138
phone.:895-7403
11►,
Ramble Ridge Propert) Owners Assn. March 31 1998
6018 No. 111)Piz.
doneat —. .— . YQ —. -- — — — — — —.
to be —.
Work _.
Dear Sir:
The in tiasigtai proposes to furnish all labor nocessary and aiucpmait and mates-inls to anriplte the following
Mow and edge cul-de-sacs and medians(5.5A) $300.00
Mow and edge 114th Street islands(3) $70.00
Mow common areas and ROW(64A) $1000.00
Grass overseeding(1000 per sq.ft.) $8.50
Fertilization and pre-emergence on cul-de-sacs and medians(5,5A) $400.00
Fertilize Common area and ROW (64A) $2086.00
Spray broadleaf weeds(64& 5.5A) $1600.00
All of the work to be compktcd in a substantial and%.od:manlike mama for the sum of jabove ._.—_. -
-.. --' (S-— )Dollars
��77
Nyma .%to be nsldg _. —JLSAZ<1 '<-.
.it>alteration or deviation from thr above spixifiunion involving cures cost of nnalaial or labor will only be nvaxnal upon written ordus for tattle,
and rill bavtnte art extra Jiarge over the sum niaitionai in this contract. All agrormatts must be made in writing,
the Contra4or agecs to Carty Public liability hlsttranx•workmen's Curnp..irsation as required by the l initrai States Cot'anmat and Slate in whidi
this%lurk is p lfonuod.
Respol 1 .'ubm' ed •
ACCEPTANCE
You are hereby to Iltmish all labor necessary and ertipme at and materials to eompl ter the work mmtiorL in th above proposal,for whi,*the
undasigted apas to pay the amount martioxd in said proposal,and to the terms thereof
���g( / / (.(
Dale .� 19%d • ����s, ieP,
THIS PROPOSAL VOID IF NUT SKGNED AND RETURNED WITHIN to DAYS
Exhibit "C"
Zed 86tvL961,Z0bt 3SlfOO d1O9 Nflet 310H3 wH 1 ac act sxa—acl—�nr
•
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•
800K1481 E'KGE26);..
Parts of Rambleridge, a suLdivision located in the South- '
east 1/4 of Section 32 and the Soath 1/2 of the Northeast 1/4
• of said Section 32 , and the East 1/2 of the East 1/2 of the
• Southwest 1/4 of raid Section 32 , all in Township 16 North,
Range 12 East, of the 6th. P .A1. , Douglas County, Nebraska,
described as folios:
All of Lot 631, Rambleridge
• All •of Lot 640, Rambleridge
All of Lot 642, Rambleridge
•
All of Lo 644 , Rambleridge
All of Lob! 645, Rambleridge
• A Part of Lot 633 , Rambleridge, more particularly described
as follows :
Beginning at the point of intersection of the Northerly
right-of-way line of Ellison Avenue and the Easterly right-of-way
• line of 114th Street; thence Northerly, along said Easterly right-
of-way
line of 114th Street, on a curve to the left with a radius
of 1, 506 .79 feet, a distance of 426 .85 feet, said curve having a
long chord which bears N 08°32 'O1" E, (assumed bearing) , a distance
of 425 .43 feet, to the Northwesterly corner of said Lot 633 ; thence
N 71°29 ' 34" E, 'along the Northerly line of Lot 633 ; a distance of
111.00 feet; thence S 36°35 '54 " W, a distance of 94 .03 feet, thence
Southerly, on a curve to the right with a radius of 1 , 556 .79 feet,
a distance of 401 .11 feet; said curve having a long chord which bears
S 09°16 ' 02" W, ila distance of 400 .00 feet, to a point on said Nor-
therly right-of-way line of Ellison Avenue; thence , along said
Northerly right-of-way line of Ellison Avenue on the following
described course; thence Northwesterly, on a curve to the right
with a radius df 529 .08 feet, a distance of 29 .77 feet, said curve
'having a long chord which bears N 74°00 '33" W, a distance of 29 .77
feet; thence N 72°24 '03" W, a distance of 20 .24 feet, to the Point
of Beginning.
A Part of Lot 634; Rambleridge More particularly described
as follows:
• Beginning at the point of intersection of the Easterly right--
of-way line of 114th Street and 'the Southerly right-of-way line of
Ellison Avenue; thence S 72°24 '03" E, (assumed bearing) , along said
• Southerly right-of-way 1:.ne of Ellison Avenue, a distance of 20.24
feet, thence Southwesterly, along said Southerly right-of-way line
of Ellison Avenue, on a curve to the left with a radius of 579 .08
feet, a distance of 29 .79 feet, said curve having a long chord which
bears S ;'J°52 '2.9" E, a distance of 29 .79 feet; thence Southwesterly,
on a curve to the right with a radius of 1556 .79 feet , a distance
of 387 . 33 feet, said curve having a long chord which bears S 25°37 '
08" W, a distance of 386 .34 feet; thence 5 32°44 ' 48" W, a distance
of 40 .00 feet, to a point on the Southerly line of said Lot 634 ;
thence N 57°15 ' 12" W, along said Southerly line of Lot 634 , a distance
of 50 , 0 feet, to a ;;oint on said Easterly right-of-way line of 114th
Street, said point also being the Southwesterly corner of said Lot
• 634 ; thence along said Easterly right-of-way line of 114th Street,
on the following described courses; thence N 32°44 '48 " E, a distance
'.)f 40 . 00 feet; thence Northeasterly, en 1 curve to the left with
radius of 1506 .79 ,:cat, a distance of 373 . 35 feet, said curve having
a long chord which bears N 25°38 ' 54 " E a distance of 272 . 40 feet,
• to the Point of F.e_,.inning .
A Part of Lot 635 , Rambleridge, more particularly described as
follows :
Beginning at the point of intersection of the Easterly right-
of--way line of 114th Street and the North right-of-way line of Port
Street; thence Northeasterly, along said Easterly right-of-way line
of 114th Street , on a curve to the right with a radius of 1011 .13
feet, a distance of 577 .88 feet; said curve having a long chord which
• bears N 16°22 ' 25" E, (assumed bearing) , a distance of 570 .05 feet;
thence N 32°44 ' 48" C, along said Easterly right-of-way line. of 114th
Street, a distance of 325 .78 feet, to the Northwesterly corner of said
D.A. 635 , a distance of50 .0O feet; thence 5 32°44 ' 40 " W, a distance
of 325 . 78 feet; thence Southwesterly, on a curve to the. left with a
radius of 961 . 1.3 feet, a distance of 705 . 32 feet, said curve having
a long chord which bears S 26°37 ' 36" W, ;, distance of 204 , 93 Feet;
thence / ° t 9 " - n t_ of 3 C feet; a. n ry°P t "
5 •17 13 .�� ,:, a f.i. ,�anC: .,�% . ��, ,.eCa. �Z1eI: 1%� S U/ �� _'r7
`\ E, a distance of 130 .00 feet : the .ce S 00°00 ' 03" t';, a distance of
97 . 00 feet, to a point on sal.'. Fort Street;
thence N 89°5.9 ' 5 f ' W, along s;ti':i North r. ,Jht-of-wav line of Fort
Street, a dis _ .n.ce r_,r. 50,. . C.n , to th!'_ Point of i;eginniny
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• II
eooK1481 PacECt):_. •
Parts of Rambleridge, a suLdivision located in the South-
east 1/4 of Section 32 and the So::th 1/2 of the Northeast 1/4
of said Section 32, and the East 1/2 of the East 1/2 of the
Southwest 1/4 of 'aid Section 32, all in Township' 16 North,
Range 12 East, of the Gth. P.M., Douglas County, Nebraska,
described as folio :
P.11 of Lot 631, Rambleridge
• All .of Lot 640, Rambleridge
All of Lot 642, Rambleridge
All of Lop, 644, Rambleridge
All of Lc 645, Rambleridge
• A Part of Lot 633, Rambleridge, more particularly described
as follows:
Beginning at the point of intersection of the Northerly
right-of-way line of Ellison Avenue and the Easterly right-of-way
line of 114th Street; thence Northerly, along said Easterly right-
of-way
line of. 114th Street, on a curve• to the left with a radius
of 1,506.79 feet, a distance of 426.85 feet, said curve having a
long chord which bears N 08°32'O1" E, (assumed bearing) , a distance
of 425.43 feet, to the Northwesterly corner of said Lot 633; thence
N 71°29'34" E, 'along the Northerly line of Lot 633; a distance of
111.00 feet; thence S 36°35'54" N, a distance of 94.03 feet, thence
Southerly, on a curve to the right with a radius of 1,556.79 feet,
a distance of 401.11 feet; said curve having a long chord which bears
S 09°16'02" W,lia distance of 400.00 feet, to a point on said Nor-
therly right-of-way line of Ellison Avenue; thence, along said
Northerly .right-of-way line of Elliso„ Avenue on the following
• described course; thence Northwesterly, on a curve to the right
with a radius &'f 529.08 feet, a distance of 29.77 feet, said curve
'having a long chord which bears N 74°00'33" tt, a distance of 29.77
feet; thence N 72°24 '03" W, a distance of 20.24 feat, to the Point •
of Beginning.
A Part of Lot 634; Rambleridge ; ore particularly described
as follows:
Beginning at the point of intersection of the Easterly right-
of-way line of 114th Street and the Southerly right-of-way line of
Ellison Avenue; thence S 72°24 '03" E, (assumed hearing) , along said .
Southerly right-of-way 1:.ae of Ellison Avenue, a distance of 20.24
feet, thence Southeasterly, along said Southerly right-of-way line
of Ellison Avenue, on a curve to the left with a radius of 579.08
feet, a distance of 29.79 fet, said curve having a long chord which
bears S 73°52'29" E, a distance of 29 .79 feet; thence Southwesterly,
on a curve to the right with a radius of 1556.79 feet, a distance
of 387.33 feet, said curve having a long chord which bears S 25°37'
08" W, a distance of 386.34 feet; thence S 32°44 '48" W, a distance
of 40.00 feet, to a point on the Southerly line of said Lot 634;
thence N 57°15'12" W, along said Southerly line of Lot 634, a distance
of 50. :0 feet, to a I;oir.t on said Enstcrly right-of-way line of 114th
Street, said point aiao being the Southwesterly corner of said Lot
634; thence along said Easterly right-of-way line of 114th Street,
on the following described courses; thence N 32°44 '48" E, a distance
of 40.00 feet; thence Northeasterly, ca n curee to the left with
radius of 1506.79 fact, a distance of 373.35 feet, said curve having
a long chord which bears N 25°38'54" B a distance of 372.40 feet,
to the Point of Beginning.
A Part of Lot 635, Raider.idge, more particularly de cribed as
follows:
Beginning at the point of intersection of the Easterly right-
• of-way lire of. 114th Street and the North right-of-wav .line of Fort
Street; thence Northeasterly, along said Easterly right-of-way line
of 114th Street, on a curve to the right with a radius of 1011.13
feet, a distance of 577.88 feet; said curve having a lone; chord which
bears N 16°22'25" E, (assured bearing) , a distance of 570.05 feet;
thence N 32°44 '48" E, along J aid Easterly right-of-way .line of 114th
Street, a distance of 325.78feet, to the Northwesterly corner of said
Lot 635, a distance uf50.0O fret; thence S 32°44'48" W, a distance
of 325.78 feet; thence Southwesterly, on a curve to the left with a
radius of 961.13 feet, a distance of 705.32 feet, said curve having
• a long chord which bears S 26°37•36" W, ;! distance or 204 .93 f et;
• theme S 47°13'39" B, a dintanca of. 352.9r) feet; thenoa S 89°59'57'
E, a distance of 130.00 fee tl:_r.cu S 00°00'03' ?., a `:istance of
97.00 feet, to a point on said north _. .. ....-of-•,e li:c: of Fort ..treet;
thence N 89°52'57 w, atone ..:!.... North r jht-of- :ay lint of Fort
Street, a G1: t .GC.^ r);....n
to t... Point of Beginning.
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A :arc of Lot 641, ?ambleridge, more parttcularli described asi'
follows: 121
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Beginning at the Southwest corner of. said Lot G.,_; thence �. ,
N 00025'03" E 5."(assumed bearing) , a:.or,u the west line of said •a,:
Lot 641, a distance of 50.Ou feet; thence St 89°59 '29" E, a die- .
tance of 623.92 feet, to a point: on the ta.3tcr.ly line of sai''_ 3�>
Lot 641; thence S 00°25'03" X, ,:long said Easterly line of Lot •
641, a disti4cc of 50.00 feet, to a point on the North right-of-
way
line of Fort. Street; thence N 89 59 '29" W, along uai+i North.
right-of-way line of Fort Street., a distance. of 623.92 feet, to
the Point of Beginning. r.
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2PNEREO IN NUMUUCAL vma AND RECORDED IN tE I,TEn OE3EF.DS OFFICE IN DOUGLAS COUNTY,KE5 :KA
,__?_L._.DAY OF / 0{1' \O "REG ` --.M- C.HAROLD OSTLER,REGMER OF OFEUi •\
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MOTION BY COUNCILMEMBER (,;Ze- ...e,f—r"
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I hereby move that Council Document No. / , Current Series, be amended by
adding a new section to read as follows:
1. "Section _. The Mayor of the City of Omaha is hereby authorized to sign, and
its City clerk to attest, the attached Annexation Agreement."
2. Renumber Section to Section .
APPROVED AS TO FORM:
Assistan City rney ate
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ANNEXATION AGREEMENT
This agreement is made and entered into by and between Sanitary and Improvement District
No. 257 of Douglas County,Nebraska("SID 257"), the Ramble Ridge Homeowners Association,
Inc., a not-for-profit corporation organized under the laws of the State of Nebraska (the
"Association") and the City of Omaha,Nebraska(the "City").
WITNESSETH:
WHEREAS, SID 257 has developed a system of streets and park ground (the public areas)
within the Ramble Ridge Subdivision (Ramble Ridge), and
WHEREAS, the system of streets within the Subdivision consist of dedicated streets and
nondedicated streets designated as courts and plazas, the title to which are owned by SID 257 and
all maintenance and repairs to such dedicated and nondedicated streets has been heretofore provided
by SID 257, and
WHEREAS, SID 257 is the owner of the park ground which is more particularly described
on Exhibit."A" attached hereto and made a part hereof by reference, which park ground has been
maintained by the Association, and
WHEREAS, SID 257 is in the process of being annexed by the City and the parties wish to
provide for the continued maintenance of the public areas and amenities within Ramble Ridge and
to provide the opportunity for the Association to assist in maintenance after annexation of the public
areas at a standard higher than the City's maintenance standards.
NOW. THEREFORE, in consideration of these mutual covenants and for other good and
valuable consideration, the parties hereto agree as follows:
1. Annexation of SID 257. Upon annexation of SID 257 the City will assume the
ownership of all public areas within Ramble Ridge including that Property described in Exhibit"A",
which constitutes the park ground. The courts and plazas which are described on Exhibit"B" shall
be legally dedicated to the City. Conditioned upon the completion of the annexation by the City of
SID 257 the City will assume the maintenance of the public areas within the Ramble Ridge
Subdivision and the Association shall no longer have any obligation to maintain the public areas but
shall be permitted to do so as more fully set forth herein.
2. Maintenance of Public Areas.. After annexation,the City will treat all dedicated and
nondedicated streets (hereinafter "Streets") within Ramble Ridge as public and will provide all
maintenance and snow removal on such streets. This maintenance will not include reconstruction
of the streets without a paving district created by the abutting property owners. Maintenance of the
streets shall be equivalent to the quality of maintenance provided to streets elsewhere in the City.
In addition to street maintenance and snow removal the City shall be responsible for maintenance
of all storm and sanitary sewers within the streets, maintenance of street lighting and shall provide
curb side garbage removal for all residents. The maintenance shall further include the mowing of the
grass and care of the landscaping within the courts and plazas which shall be maintained at least to
City standards.
The Association has entered into an agreement with Ron Sharpe d/b/a Sharpe Enterprises for
the maintenance of the park ground for the 1998 growing season, a copy of which contract is
attached hereto as Exhibit "C". The Association hereby assigns the 1998 maintenance agreement
to the City and the City hereby agrees to accept such assignment of the 1998 maintenance agreement
for the remainder of 1998 and shall provide park care in accordance therewith.
3. Subsequent Maintenance Contracts.. Following annexation the City shall solicit bids
for a one year maintenance contract,which at the discretion of the City, may contain up to two one
year options, for the purpose of maintaining the park ground within Ramble Ridge. The terms and
conditions of the solicitation and the contract shall be designed to provide maintenance at a level of
quality and quantity similar to that enjoyed within Ramble Ridge before annexation, and may
include but not be limited to, provision for fertilization, insecticide application, weed control and
mowing of the park ground, for trash removal, for repair and maintenance of playground equipment,
and for the care of trees growing therein.
4. Association Review of Park Maintenance Contract.. The City shall provide the
Association an opportunity to participate in the preparation of the bid specifications for the
maintenance agreement of the park. The City agrees to have the bid specifications prepared to the
City's park maintenance standards and submitted to the Association by October 1st of each year for
the subsequent maintenance year. The Association agrees to review and return the bid specifications
to the City with additional bid specs for any maintenance work to be performed within the park
ground above the City's park maintenance standard and with the Association's comments by
November 1st of the contract maintenance year. The City agrees to bid out and provide for a bid
letting date in a timely fashion on or before December 1st preceding the maintenance year, or if
applicable, exercise the option to extend the maintenance contract for an additional year. After
reviewing bids, but before accepting a bid, the City shall provide the Association with a copy of the
bids from the contractors, and the Association shall have ten days after receiving such bids to make .
a recommendation to the City as to the bidder whose bid it deems to be acceptable and best under
the circumstances to the Association. The City shall be the contract administrator under the
maintenance contract. For purposes of this agreement,the term"City's Park Maintenance Standard"
shall mean the standard of maintenance provided by the City in other similar City parks which would
anticipate 26 mowings per growing season, one broad leaf application and one fertilization
application. It is expressly agreed that the City's Park Maintenance Standard shall not include
operation of irrigation systems within the park area. The City and Association acknowledge that •
there exists an irrigation system for watering the islands at 114th Street and that any and all expense
or maintenance obligation associated with such irrigation system including costs of all utilities shall
be the responsibility of Association.Notwithstanding any other provision contained in this paragraph
the Association shall have the right, but not the obligation to perform additional maintenance, tree
removal or landscaping at its sole cost and expense after approval of such additional maintenance
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received from the City in writing.
5. Bid Acceptance. The City shall, with due consideration of such recommendation of
the Association, but in its sole discretion and not later than March 1st, accept a bid or reject all bids
in accordance with its applicable regular procedures. Upon execution of a maintenance contract for
the parks the City shall forward a copy of such contract to the Association. The City shall pay for
that portion of the contract up to the City's Park Maintenance Standard and the Association shall pay
to the City that portion of the contract above the City's Park Maintenance Standard ("hereinafter
referred to as the supplementary maintenance payments"). The Association shall pay not less than
one-third of the supplementary maintenance payments to the City by July 1st,an additional one-third
by September 1st and the final one-third by November 1st of each year.
6. Snow Removal. The City shall provide the snow removal for the asphalt pathway
which provides access to Prairie Wind School across Lot 631 as designated on Exhibit "C". The
City shall utilize its best efforts to remove or contract for the removal of any snow of one inch or
more as reported by Eppley Field Weather Station on or before 7:00 a.m. following the one inch
snow fall during the days that the Omaha Public School District schools are open. The City shall
designate such asphalt pathway as primary pedestrian ways for the purposes of snow removal. Such
snow removal shall be performed at City's costs and under such contract or City services as the City
deems acceptable.
7. Playground Equipment.. The City acknowledges that there are two areas within the
park with playground equipment which is anticipated to meet the current applicable safety standards.
In the event such equipment does not meet current applicable safety standards and the City elects
to remove such equipment,the City agrees to replace the nonconforming equipment with comparable
playground equipment which meets current applicable safety standards. Prior to removing or
installing replacement equipment the City shall inform the Association of its plans to do so and to
give the Association an opportunity to make recommendations to the City as to the type and location
of equipment to be replaced. The City will consider the recommendations made by the Association
but shall not be bound by such recommendations and may install such equipment as it deems
satisfactory in its sole discretion. Nothing herein shall prohibit the Association from causing
additional playground equipment to be installed at its cost within the park ground, however, prior
to installing such equipment the Association shall present its plan for-equipment setting forth the
type of equipment and the location of the equipment desired. The City shall then either approve or
disapprove of the equipment and its location and if such equipment is disapproved, such equipment
shall not be installed. If approved all engineering and contract administration will be handled by the
City. The City, as part of its approval of the installation of additional playground equipment
requested bythe Association, may condition such approval upon the Association maintaining the
equipment being installed at its cost.
8. Notices. Any notice permitted or required by this agreement shall be given only in
written form as follows:
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(a) If given by Association to the City such notice shall be delivered or mailed by U.S.
Mail, postage prepaid to:
Parks Recreation and Public Property Department
701 Civic Center Building
1819 Farnam Street
Omaha,NE 68183
Public Works Director
1819 Farnam Street
Room 600
Omaha, NE 68183
(b) If given to the City by the Association, such notice shall be delivered or mailed
without any postage paid to:
Ramble Ridge Homeowners Association
P.O. Box 34482
Omaha, NE 68134
9. Effective Date.. This agreement shall become effective the day of its approval and
execution by the City of Omaha and shall be terminated only upon the written agreement of the City
and Association.
10. This agreement constitutes the complete agreement between the parties hereto. Any
modification of this agreement must be in writing and signed by the City and Association. The
agreement is to be construed under the laws of the State of Nebraska.
Dated this day of July, 1998.
SANITARY AND IMPROVEMENT
DISTRICT NO.257 OF DOUGLAS COUNTY,
NEBRASKA,
By:
Chairman
By:
Clerk
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RAMBLE RIDGE HOMEOWNERS
ASSOCIATION,
By:
President
CITY OF OMAHA,
By:
City Clerk Mayor
Approved as to Form:
Assistant City Attorney
F:\S IDWGREES\257.AGR
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