RES 1998-1433 - Subdivision agmt, Spring Meadows s 4 ree ,.- `
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Public Works Department
�yn " Omaha/Douglas Civic Center
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1819 Farnam Street,Suite 601
o�-.� ! t a; ». . May 12, 19 9 8 Omaha,Nebraska 68183-0601
to' pry. (402)444-5220
R4T� Ro'� E e .i, ,t .4 Telefax(402)444-5248
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Fella E , C� �'a!t 3>;k Don W.Elliott,P.E.
Hallty Daub,of Omaha Public Works Director
Mayor
Honorable President
and Members of the City Council,
I
The attached Resolution approves the Subdivision Agreement between the City of Omaha and
Schwalb Homes, Inc. This Subdivision Agreement covers the public improvement of Spring
Meadows of Douglas County,Nebraska located southeast of 54th and Spring Streets.
This Subdivision Agreement stipulates which public improvements will be built by Schwalb Homes,
Inc. in Spring Meadows. The entire cost of improvements made in this development will be paid
by the Subdivider.
The Subdivision Agreement will benefit the City of Omaha and the Subdivider in clarifying the
responsibilities of the parties in building and maintaining the improvements in the subdivision.
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.
--___. - 5—Altik 4/2"9/=).g -/A/14- 7274-- 1.zo •if
Don W. Elliott, P.E. ov"F,^^ 'Date Robert C. Peters Date
Director Acting Planning Directo'
A roved as to Funding: Refer.-d to ity, Council for Consideration:
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Louis A. D'Ercole c0 , ate !, ayor's Office/ itle Date
Finance Director '�f `-'�
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SUBDIVISION AGREEMENT
This Subdivision Agreement, made this day of � , 1998 by and between
SCHWALB HOMES, INC., a Nebraska Corporation (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 wishes to connect the system of sanitary sewers to be constructed within
the property to the sewer system of the City of Omaha; and, v
WHEREAS, the.Subdivider and City desire to agree on the method for the installation and allocation
of expenses for future public improvements.
NOW,THEREFORE,in consideration of the above the following is agreed between the parties hereto:
1. Public improvements. Public improvements exist except for improvements in 53rd Street which are
not required to serve the "Property".
2. Water, gas. and electrical power. The Subdivider agrees to enter into an Agreement with the
Metropolitan Utilities District regarding all water and gas 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 requirement for improvements in 53rd Street is waived until the City
of Omaha creates improvement districts for sanitary sewer and paving. The Subdivider, successors,
or assigns waive the right to protest the creation of said improvement districts and agree to pay their
fair assessment for the improvements. This waiver runs with the land in the subdivision.
4. Payment for improvements. The Subdivider shall pay the cost of the sanitary sewer services, as well
as all charges by the Metropolitan Utilities District for water and gas 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 public streets abutting the area to be developed
to be constructed according to the following schedule.
5.1 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.
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5.2 Sidewalks shall be constructed immediately abutting developed lots as soon after development
as weather shall permit.
5.3 In any event, all sidewalks shall be constructed along all public streets abutting 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.
7. Binding effect. The Subdivision Agreement shall be binding upon the parties, their respective
successors, and assigns and runs with the land shown on Exhibit "A".
ATTEST: CITY OF OMAH .4
6 ,S,3,. ri , , . ...5- i
CITY LERK OF THE CITY OF OMAHA MAYOR
APPROVED AS TO FORM: SCHWALB HOMES, INC.
1\fet5rX" . -
0 ' j ‘4--.&?', NATAN SCHWA B, P DENT
ACKNOWLEDGEMENT OF NOTARY
STATE OF NEBRASKA )
) ss
COUNTY OF DOUGLAS )
On this 7 day of A--p h'( I , 1998, before me, the undersigned, a Notary Public in and for said
County,personally came NATAN SCHWALB, President of Schwalb Homes, Inc., a Nebraska Corporation,
to me personally known to be the President of said Corporation and the identical person whose name is affixed
to the foregoing instrument, and acknowledged the execution thereof to be his voluntary act and deed and the
voluntary act and deed of said Corporation.
WITNESS my hand and Notarial Seal at Omaha in said County the day and year last above written.
291-42,&AL ` . /4,41.0_,--
!> NOTARY PUBLIC
My Commission Expires 6 9 -9 GENERAL NOTARY-State of Nebraska
ICI MARLENE A PARILMAN
'may . My Comm.Exp.June 29,1998 /
TD2 File No. 217-131.1
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LOTS 1 THRU 4, INCLUSIVE
BEING A REPLATTING OF THE WEST 175 FEET OF THE EAST 200 FEET OF LOT
10, TOGETHER WITH LOT 9, EXCEPT THE NORTH 15 FEET OF THE WEST 100 FEET
i THEREOF AND EXCEPT THE NORTH 76 FEET OF THE EAST 25 FEET THEREOF,
v \ TOGETHER WITH THE NORTH 50 FEET OF LOT 8, ALL IN BLOCK 3, PATTERSON
F PARK, AN ADDITION TO THE CITY OF OMAHA, AS SURVEYED, PLATTED AND
-9 2 �N RECORDED IN DOUGLAS COUNTY, NEBRASKA.
F��O , WEST L AWN CEMETARY
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EXHIBIT " A "
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c-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr May 12, 19 98
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Schwalb Homes,Inc.proposes to build a Subdivision, Spring Meadows,
which will be located southeast of 54th and Spring Streets; and,
WHEREAS, Schwalb Homes,Inc. wishes to connect to Omaha's sewer system,the
system of sanitary sewers to be constructed by Schwalb Homes,Inc. within the area to be developed;
and,
WHEREAS,the parties wish to agree upon the manner in which public improvements
will be built by Schwalb Homes,Inc. and to clarify the responsibilities of the parties in building and
maintaining the improvements in the subdivision;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:
THAT,the Subdivision Agreement between the City of Omaha and Schwalb Homes,
Inc.,as recommended by the Mayor, providing for the public improvements and sewer connections
to the Omaha sewer system,is hereby approved.
APPROVE AS TO F RM:
1Wal-ff
'A IS ITY ATTORNEY DATE
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By
Councilmember
JUN — 2 1998 c
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