RES 1997-2218 - Subdivision agmt, Nor Oaks 2 BHA,
`moo\;r�e/ i Q (� IV E D Public Works Department
u�►`�+(s�' f\ " Omaha/Douglas Civic Center
��gelP�f %6 21 1819 Farnam Street,Suite'(01
Z �V C1 0 N July 29, 1997g� JUL �$1. P161 2• Omaha,Nebraska 681'83-0601
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FD FEBRA CITY "p (402)444-5220
Telefax(402)444-5248 oMAH � � ` Don W.Elliott,P.E.
City of Omaha Public Works Director
Hal Daub,Mayor
Honorable President
F and Members of the City Council,
The attached Resolution approves the Subdivision Agreement between the City of Omaha and
Robert J. Selander, Douglas S. Lash, Susan T. Lash, Real Estate Management, Inc., Noroaks
Townhomes Association and Sanitary and Improvement District (S&ID) °15.1 of Douglas County,
Nebraska. This Subdivision Agreement covers the public improvement of Nor Oaks 2 of Douglas
County,Nebraska located East of 29th Avenue at Rainwood Road.
This Subdivision Agreement stipulates which public and private improvements will be built by the
subdivider in Nor Oaks 2. 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.
. ...(2ekk i
14 4/7 7IF
Don W. Elliott, P.E. Date Robert C. Peters Date
Director Acting Planning Directo
A. ■ eved as to Funding: Referre o City Counci or Consideration:
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-.0-C-4 .44.7
Louis A. D'Ercole Date Mayor's Office/Title D ie
Finance Director
• aprov-i:
7�I -�,
J. , es P. Cleary,Director Date C
'arks, Recreation& Public a perty
P:\P W 1\63 79.SKZ
SUBDIVISION AGREEMENT
THIS SUBDIVISION AGREEMENT, made this P001- day of *144,-
1997, by and among ROBERT J. SELANDER, a single person, DOUGLAS S.
LASH and SUSAN T. LASH, husband and wife, REAL ESTATE MANAGEMENT,
INC. , NOROAKS TOWNHOMES ASSOCIATION, a Nebraska nonprofit
corporation, (hereinafter, collectively, referred to as
"Subdivider") , Sanitary and Improvement District No. 151
(hereinafter referred to as "SID") , and the . CITY OF OMAHA
(hereinafter referred to as "City") ;
WHEREAS, Subdivider is the owner of land shown on the proposed
plat attached hereto as Exhibit "A" (the "Property") ; and
WHEREAS, Subdivider proposes to plat the Property into a
cluster subdivision to be known as Nor Oaks 2 and to construct
private and public improvements thereon; and "
WHEREAS, Subdivider has or will create a Homeowners
Association consisting of the property owners of Lots 1 through 13,
inclusive, Nor Oaks 2 Subdivision that will be responsible for the
maintenance of a private way (also known as 29th Court or Lot 15)
as well as sewer and drainage easements as shown on the Nor Oaks
2 Subdivision plat; and
WHEREAS, Subdivider wishes to connect the system of sanitary
sewers to be constructed fort the Property to the sewer system of
SID and, ultimately, to connect to the sewer system of the City of
Omaha; and
WHEREAS, Subdivider and City desire to agree as to the nature
of public and private improvements to be constructed on the
Property as well as to other matters with respect to such
development;
NOW, THEREFORE, in consideration of the above, the following
is agreed between the parties hereto:
1. Public and Private Improvements. Attached hereto as
Exhibit "B" and incorporated herein by reference is a plat showing
public and private improvements to be installed on the Property,
i.e. , storm sewer, sanitary sewer and paving of streets (streets
to remain private) . All improvements must receive approval of
Public Works Department of the City prior to construction.
2 . Public and Private Improvement Construction. Private
improvements shall be designed by Subdivider' s professional
engineer (subject to approval by the Public Works Department) , with
a minimum standard pavement and RCP storm sewer. Plans and
specifications shall be submitted to the Public Works Department
for approval and contracts for the construction and satisfactory
evidence of the contractor's financial responsibility shall be
submitted to the Public Works Department to assure the timely
(1/0
installation of the improvements. Improvements shall be inspected
by Developer's engineering firm and constructed improvements shall
be certified as to compliance with approved specifications and
plans by said engineering firm. "As-builts" and test results shall
be submitted in connection therewith.
3 . Maintenance of Private Improvements. The Homeowners
Association shall provide all maintenance (including snow removal)
for the private improvements shown on Exhibit "B" attached, as well
as for Lot 15, including the cul de sac.
4 . Water, Gas and Electrical Power. 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 Metropolitan Utilities District and the Omaha Public Power
District will be provided to the City within four months of the
date of this Agreement.
5. Installation of Improvements. Subdivider agrees to
commence timely and orderly installation of the improvements upon
the execution of this Agreement, pursuant to Section 53-9 of the
Omaha Municipal Code.
6. Payment for Improvements. Subdivider shall pay the costs
of all the improvements, as well as all charges by Metropolitan
Utilities District for water and gas line installation and charges
by the Omaha Public Power District for underground electrical
service for other power installations.
7 . Paving and Other Improvements. Subdivider shall commence
the installation of the cul de sac shown on Exhibit "A" prior to
commencement by Subdivider of residential construction on any lot
abutting thereon. Construction of the cul de sac shall commence
as soon as weather permits and be completed as soon as practicable
thereafter, it being the parties' intent that the cul-de-sac be
completed prior to occupancy of any home abutting same.
a. Prior to commencement of construction of the cul-
de-sac or transfer by Subdivider of title to any lot to any
third party, Subdivider shall file for record a declaration
of restrictive covenants as approved in final form by the City
of Omaha Planning Department.
b. Subdivider agrees to provide grading plans at the
time of submittal for building permit applications for each
lot to demonstrate how runoff and disturbed soil from
individual sites will be controlled in order to prevent
placement of fill material, grading or erosion on Lot 15 and
adjacent park land.
2
V
V .
c. No direct access to 29th Avenue will be allowed from
Lot 15.
d. Subdivider agrees that title to Lot 15 ("common
area") shall be deeded contemporaneously with the recording
of the final plat to the Homeowners Association with
appropriate covenants establishing said Lot as "nonbuildable"
and dedicating same for the common use and benefit of
homeowners within the Subdivision, all as to be more
particularly defined in the restrictive covenants referred to
in paragraph 5 (a) of this Agreement.
8. Waiver of Sidewalk Requirement.
a. City hereby waives any requirement to construct
sidewalks on 29th Avenue until such time as a sidewalk
district is created by the City to service the area.
b. Subdividers, in turn, waive their right to object
or protest the creation of said sidewalk district along 29th
Avenue and paying a fair special assessment for same.
9. Right to Connect to City Sewer System. The City hereby
acknowledges that it has given Developer the right to connect the
sanitary sewer system of the Property to the sewer system of
Sanitary Improvement District No. 151 and, ultimately, to the City
sanitary sewer system, subject to obtaining proper permits and
paying the regular fees.
10. Binding Effect. This Subdivision Agreement shall be
binding upon the parties, their respective successors and assigns.
ATTEST: CITY
07,7
Clerk, ty of Omaha Mayor /
APPROVE AS O F RM: SUBDIVIDERS
{
is ity Attorney 6
Robert J. n er
Date Si e : 7/Vg2
ou s S. Lash
Da e Signed: .2/,,z/g7
Susan T. Lash
Date Signed: 7/547
3
411;11
NOROAKS TOWNHOMES ASSOCIATION, a
Nebraska nonprofit corporation,
Byti
h` /4 /��� �
Ro•ert J . /elander, President
Date Sign-d 7/yq 7
REAL ESTATE MANAGEMENT, INC.
By
Do4Owg S. Lash, resident
Da a Signed rye)?
ATTEST SANITARY AND IMPROVEMENT DISTRICT
NO. 151
By ,.l t�� -
Clerk o ID No. 151 Chairman, and of Trustees
Date S ' ned 7/,V v Date Signed I I a l an
STATE OF NEBRASKA )
COUNTY OF DOUGLAS ) ss:
Before me, the undersigned, personally appeared ROBERT J.
SELANDER, DOUGLAS S. LASH and SUSAN T. LASH, personally known to
me to be the identical persons whose executed the foregoing
instrument, and acknowledged the execution thereof to be their
1 voluntary act and deed.
DATED ji, /,� , 1997 . �/
GENERAL NOTARYState of Nebras1Ilogita /
IRENE T.OHM V 04.— 1
*CommE9.0a4A997 Notary Public
STATE OF NEBRASKA )
COUNTY OF DOUGLAS ) ss:
Before me, a Notary Public qualified for said County,
personally appeared ROBERT J. SELANDER, as President of Noroaks
Townhomes Association, a Nebraska nonprofit corporation, and
DOUGLAS S. LASH as President of Real Estate Management, Inc. , known
to me to be the identical persons who executed the foregoing
4
instrument, and acknowledged the execution thereof to be the
voluntary act and deed of the respective corporations.
DATED Ljct 7j , 1997.
k6.,0662. Y_ OL____
GFJiEMLNOTARY,StxboiMeDtosiu Notary Public
(RENE T. risks
My Comm.Exp Od.4,1981
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c asA CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr July 29, 19 97
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Robert J. Selander, Douglas S. Lash, Susan T. Lash and Real Estate
Management,Inc., proposes to build a Subdivision,Nor Oaks 2, which will be located East of 29th
Avenue at Rainwood Road; and,
WHEREAS,the subdivider wishes to connect via Sanitary and Improvement (S&ID) -
151's sewer system to Omaha's sewer system,the system of sanitary sewers to be constructed by the
subdivider within the area to be developed; and,
WHEREAS, the parties wish to agree upon the manner in which public and private
improvements will be built by the subdivider and to clarify the responsibilities of the parties in building
and maintaining the improvements in the subdivision; and,
WHEREAS, the subdivider has or will create the Noroak Townhomes Association
to provide ongoing maintenance for the private improvements; 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 Robert J.
Selander, Douglas S. Lash, Susan T. Lash, Real Estate Management, Inc., Noroaks Townhomes
Association and Sanitary and Improvement District (S&ID) 151 of Douglas County,Nebraska, as
recommended by the Mayor, providing for the public and private improvements and sewer
connections to the Omaha sewer system, is hereby approved.
APPROVED AS TO FORM:
ISTANT CITY ATTORNEY DATE
P:\P 80.SKZ
By -- - o nci tuber a 3
AUG 19977� `z� ��i1
Adopted a/
ih _ ty Clerk
Approved w/ 9
Mayor
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