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RES 1996-3063 - Subdivision agmt, Pioneer Hills Replat • AHA, } r•, \� t �� t.�`1 Public Works Department t �a Omaha/Douglas Civic Center _r1'�r0` $ '. yA��'J :�A � ci 2 p: 1819 Farnam Street,Suite 601 Sv` C1 � November 5, 19 9 6 Omaha,Nebraska 68183-0601 ti (402)444-5220 °R G`-n � EPA Telefax(402)444-5248 4TFD FEBO) NrRPI\S�,1= Don W.Elliott,P.E. City of Omaha M H Public Works Director Hal Daub,Mayor Honorable President and Members of the City Council, The attached Resolution approves the Subdivision Agreement between the City of Omaha and Highway 50 Partnership. This Subdivision Agreement covers the public improvement of Pioneer Hills Replat of Douglas County,Nebraska located Southwest of 142nd and "U" Streets. This Subdivision Agreement stipulates which public improvements will be built by Highway 50 Partnership in Pioneer Hills Replat. 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. Respectful submi ed, This action has been reviewed and found to be 4kin conforman ith the Master Plan. Don W. Elliott, P.E. Director Jeffre . Jo son, P Pla g irector.S;) .1) c ved: Referred to City Council for Consideration: Louis A. D'Ercole7'• Mayor's Office/Title Acting Finance Director P:\PW 1\5121.SKZ •, SUBDIVISION AGREEMENT This Subdivision Agreement, made this .1r.-day of /�� , 1996, by and between HIGHWAY 50 PARTNERSHIP, A NEBRASKA GENERAL PARTNERSHIP (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 and the City desire to agree on the method for the installation and allocation of expenses for public improvements to serve the 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; NOW, THEREFORE, in consideration of the above, the following is agreed between the parties hereto: 1. Public Improvements. All required public improvements, except sidewalks, exist to service the property. 2. Water, Gas, and Electrical Power. The property is presently served by existing water, gas and power lines. 3. Payment for Improvements. The Subdivider shall pay any and all charges by the Metropolitan Utilities District for any additional water and gas line extensions or service lines and any and all charges by the Omaha Public Power District for any additional underground electrical service or overhead power installation. 4. Sidewalks. Sidewalks along the west side of 142nd Street abutting the area to be developed shall be constructed by the Subdivider according to the following schedule: (1) Sidewalks shall be constructed at the time that a lot is developed. A lot shall be developed for the purpose of this section when a structure has been constructed on the lot. (2) In any event, all sidewalks abutting 142nd Street shall be constructed within three years of the recording of the subdivision plat. 5. 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. 6. Binding Effect. This Subdivision Agreement shall be binding upon the parties, their respective successors, and assigns. This Agreement shall run with the land shown on Exhibit "A" attached hereto. • ATTEST: - CITY OF 0 A / CIT ERK OF THE CITY OF OMAHA MAYOR APPROVED AS TO FORM: HIGHWAY 50 PARTNERSHIP, A NEBRASKA GENERAL PARTNERSHIP c=.&/ktiti BY: FRANK R. KREJCARISTER ACKNOWLEDGEMENT OF NOTARY STATE OF NEBRASKA ) ) ss. . COUNTY OF DOUGLAS ) On this 7 rN day of CC766. , 1996, before me, the undersigned, a Notary Public in and for said County, personally came FRANK R. KREJCI, Partner of Highway 50 Partnership, a Nebraska General Partnership, to me personally known to be 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 Partnership. WITNESS my hand and Notarial Seal at Omaha in said County the day and year last above written. /eger/teet-' NOTAR ' 'U: IC ��vu�� J U /y 9 GENERAL NOTARY-State at Ic,S��:;':3 My Commission Expires I JOSEPH C.FRANCO �. ' My Comm.Exp.Jan.20,19;,3 • TD2 File No. 169-135.2 (11 ... . . . P lON!! f-HI. LS REFL.-AT LOTS I AND 2 BEING A REPLAT OF PART OF LOT 2, PIONEER HILLS, A SUBDIVISION A5 SURVEYED, PLATTED AND RECORDED IN DOU6LA5 COUNTY, NEBRASKA. LOT 3 15' WIDE EASEMENT GRANTED TO / 9`�• PIONEER HILLS \ PEOPLES NATUAL GAS COMPANY / AND ASSIGNED TO METROPOLITAN / „' SA54, POINT OF N UTILITIES DISTRICT. ASSIGNMENT / / N'? ?8 BE6INNIN6 �„ OF EASEMEMT RECORDED IN MISC. „/ `�7 OS BOOK 512 AT PAGE 50 OF THE/1 // 9>"s0, " DOUGLAS COUNTY RECORDS. / // /.. , 0, \ / �/ / // �� • / // / /// 0 / SCALE : 1" = 100' h / // ,�4' 1 / // \02 / NOTE: /' ��/ • / DIRECT VEHICULAR ACCESS TO //lmy / HIGHWAY 50 FROM LOTS I AND / 4)// / 2 WILL NOT BE PERMITTED. / /// L 0 T I / „/ 3.44 ACRES / / / // / 1 ,/ /i// y. / to t0 nm // // ,�6„ !nco m 2°'O`6. 6 0so 0 / ,, 423.34' OS, 0 to / 20' WIDE SANITARY // �// p,, �ry h SEWER EASEMENT , GRANTED TO THE / / / CITY OF OMAHA. /// / (SEE RECORDED 4)i DOCUMENT) //ry// / 0 I I/ co / 1 / " / //�,� 'Q, LOT 2 r0./ �� / // 2.35 ACRES N/ / / / / . ' / / 5v� • i6, / LOT 4 4613.95' R3,, / PIONEER HILLS -N87°2GI'45"W- / 4g3.g5' / / PART OF LOT 2 / i E 11 pi,„pi,„PIONEER HILLS XH 8 1-T 1 / JOB NO. 16q-135 DATE AUGUST 2, I61g6 THOMPSON, DREE55EN AND DORNER, INC., 10856 OLD MILL ROAD. OMAHA, NEBRASKA. 645154, 40 -3 0 ek // ‘ C-25A CITY OF OMAHA • LEGISLATIVE CHAMBER November 5, 96 Omaha,Nebr 19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,Highway 50 Partnership proposes to build a Subdivision,Pioneer Hills Replat, which will be located Southwest of 142nd and "U" Streets; and, WHEREAS,Highway 50 Partnership wishes to connect 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 improvements will be built by Highway 50 Partnership 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 Highway 50 Partnership, as recommended by the Mayor, providing for the public improvements and sewer connections to the Omaha sewer system, is hereby approved. APPROVED AS TO FORM: A - TANT CITY ATTORNEY P:\PW 1\5122.SKZ Coun ember Adopted NO 1 996- —� W r � City Cle Approved.... .11►�- lOws or �� b i• uaiijt •Ce t P,gl. ' . O� 1Vv N a O n O pa 2' O Cs. Vi' 'tj P-cl (A P7:1 0 P ;::... IV ce)O -- 0 O `� \ o n O a• r C has N. E.p-GD g) .. 5(g-, a \ r-