RES 1996-0283 - Amendment to subdivision agmt, Cherry Ridge III 7,40 I PF OMAHA,N1.e4, ;CO
PAS Rt i N
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41-4'0 FF Rp‘:1.City of Omaha
Hal Daub,Mayor Honorable President
Public Works Department
and Members of the City Council,
Omaha/Douglas Civic Center
1819 Farnam Street,Suite 601
Omaha,Nebraska 68183-0601
(402)444-5220
The attached Resolution approves the Amendment to the Subdivision Agreement
Telefax(402)444-5248
between Celebrity Homes, Sanitary and Improvement District(S.&I.D.) 380 of
Don W.Elliott,P.E. Douglas County,Nebraska and the City of Omaha. The Subdivision Agreement
Public Works Director
covered the public improvements for Cherry Ridge Replat II and was approved
by City Council on October 24, 1995.
The Amendment revises the Subdivision Agreement to reflect to new lot line
configuration for Cherry Ridge Replat III, which is a replat of Lots 163 through
187, inclusive, of Cherry Ridge Replat II. The Amendment provides for an
increased interceptor sewer fee of$4,712.40 to be paid by S.&I.D. 380. All other
aspects of the original Subdivision Agreement are not affected.
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.
ri,...4%.
W. El iott, P.E. `
Director Jeffrey . o son, P
Planning Director
Approved: Referred to the City Council for
Consider n:
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..24 .
Louis A. D'Ercole _ Mayor's Office/Title
Acting Finance Dire or
P:\PW\1'742.MAF
., AMENDMENT TO SUBDIVISION AGREEMENT
THIS AMENDMENT, made and entered into this 10th day of January, 1996 by and
between CELEBRITY HOMES (hereinafter referred to as "Subdivider"), and SANITARY
AND IMPROVEMENT DISTRICT NO. 380 of DOUGLAS COUNTY, NEBRASKA, (HEREIN-
AFTER 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 163 through 187, inclusive,
Cherry Ridge Replat II, 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 of Omaha on October 24, 1995 setting forth certain conditions; 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 III: 32 LOTS @ $673.20 = $21,542.40
PREVIOUSLY PAID:
w/ REPLAT II: 25 LOTS @ $673.20 = $16,830.00
TOTAL INTERCEPTOR FEE DUE = $4,712.40
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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: CITY OF O AHA
�I /
CI CLERK MAYOR Date
l717
ATTEST: SANITARY AND IMPROVEMENT
DISTRICT NO. 380 OF DOUGLAS
COUNTY, NEBRASKA
fe.< /4/..e..4_..e..- -
C K CHAIRMAN
ATTEST: CELEBRITY HOMES
W/i/id �1 taec... / aP
APPROVED AS TO FORM
A Sl T CITY ATTORNEY
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CITY OF OMAHA
LEGISLATIVE CHAMBER e
<." i=
Omaha, Nebr .. 19
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: ..
WHEREAS, Celebrity Homes proposes to build a subdivision to be know ,as Cherry �'
Ridge Replat III which will be located Southeast of 114th & Ida Streets; and,
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WHEREAS, Sanitary and Improvement District (S.&I.D.) 380 has been formed to -
build public improvements in this subdivision; and, L)
WHEREAS, Celebrity Homes and S.&I.D. 380 wish to construct a sanitary sewerti
system and connect said system to the Sanitary Sewer System of the City of Omaha; and, i
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.&LD. 380 will pay$4,712.40 to be used for the construction of sewers
•in the Papillion Creek Watershed; and,
WHEREAS, the parties entered into a Subdivision Agreement approved by City
Council on October 24, 1995; and,
WHEREAS, Cherry Ridge Replat III is a replat of Lots 163 through 187, inclusive,
of Cherry Ridge Replat II; 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:
THAT, the Amendment to the Subdivision Agreement between the City of Omaha,
Sanitary and Improvement District 380 of Douglas County, Nebraska and Celebrity Homes, as
recommended by the Mayor,providing for the sewer connection to the City of Omaha sanitary sewer
system and an additional Interceptor Sewer Fee, is hereby approved.
P.\Pw\1743.MAF APPROVED AS TO FORM:
A CITY ATTORNEY
By 444e
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Councilmember
Adopted FEB - 99 -0 -
i lerk
Approved % '.
Mayor
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