RES 1995-2355 - Amendment to subdivision agmt, Cambridge Estates Replat 2 ,1yre S'
OF OMAHA NEB$
RECEIVED
wi „ -oftek, September 19, 1995
2 .��� _. ,N 95 SEPII AmIis05
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O'� FEDP'' CITY CLERK
Honorable President 0 P'I A H,�. P�1 E C _S I�.x
City of Omaha
Hal Daub,Mayor
and Members of the City Council,
Public Works Department
Omaha/Douglas Civic Center
1819 Farnam Street,Suite 601 The attached Resolution approves the Subdivision Agreement Amendment
Omaha,Nebraska 68183-0601
(402)444-5220 between Pacific Lots,Inc., Sanitary and Improvement District(S;&I.D.) 366 of
Telefax(402)444-5248 Douglas County,Nebraska and the City of Omaha. This Subdivision Agreement
Michael J.DeSelm,P.E. Amendment covers the public improvement of Cambridge Estates Replat 2, a
Acting Director subdivision located Southeast of 168th Street and West Dodge Road.
This Subdivision Agreement Amendment stipulates which public improvements
will be built by S.&.I.D. 366,those which will be paid for by special assessment
and those to be paid for by General Obligation of S.&I.D. 366 The total cost of
all public improvements has been addressed in the original Subdivision
Agreement. If S.&I.D. 366 is annexed by the City, any outstanding General
Obligation Debt would be assumed by the City.
The Public Works Department requests your consideration and approval of the
attached Resolution and Subdivision Agreement Amendment.
Respectfully submitted, This action has been reviewed and
f/4/7 found to be in conformance with the
Master Plan.
�
Micha 1 J. DeSelm, P.E. LZ _ -
Acting Director . p. Steven Jensen
Acting Planning Direct
Approved: Referred to the City Council for
Consideration:
•
2era..R...i.A
,� Louis A. D'Ercole Mayor's Office/Titl
' Acting Finance Director
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•
SECOND AMENDMENT TO
SUBDIVISION AGREEMENT
THIS SECOND MENDMENT TO SUBDIVISION AGREEMENT made and
entered into this day o , 1995, by and between PACIFIC LOTS, INC.,
a Nebraska corporation (he inafter referred to as "Subdivider"), SANITARY &
IMPROVEMENT DISTRICT NO. 366 OF DOUGLAS COUNTY, NEBRASKA (hereinafter
referred to as "District"), and CITY OF OMAHA, a municipal corporation in the State of
Nebraska (hereinafter referred to as "City").
WITNESSETH:
WHEREAS, on June 4, 1991, all of the above parties executed a Subdivision
Agreement to develop certain property known as the Cambridge Estates Subdivision, a
subdivision in Douglas County, Nebraska, which Subdivision Agreement was amended by a First
Amendment to Subdivision Agreement for the replatting of Cambridge Estates Subdivision into
Cambridge Estates Replat (the Subdivision Agreement and the First Amendment to the
Subdivision Agreement is hereinafter referred to together as the "Subdivision Agreement"), and
WHEREAS, Lot 64, Cambridge Estates Replat, a subdivision in Douglas County,
Nebraska, is being replatted into Lots 1 and 2, Cambridge Estates Replat 2, a subdivision in
Douglas County, Nebraska, as shown on the proposed plat attached hereto as Exhibit "A"
(hereinafter referred to as the "Property"), and
WHEREAS, the Subdivider is the owner of the Property, and
WHEREAS, the parties hereto desire to amend the Subdivision Agreement as to
the public improvements to be constructed on the Property, and
NOW, THEREFORE, IT IS AGREED TO AS FOLLOWS:
1. Amendment to Section I
Upon written request by the City, the Subdivider will require the District and the
District agrees to install sidewalks along the east side of 168th Street from the north right-of-way
line of Burke Street north to Lot 2, Cambridge Estates Replat 2, which is shown on Exhibit "A"
attached hereto. This sidewalk, when installed by the District, shall be a general obligation of
the District. At this time, neither the District nor the Subdivider will be required to install
sidewalks along the north side of Burke Street from 168th Street east to Lot 63, Cambridge
Estates Replat, a subdivision in Douglas County, Nebraska, until Lot 1, Cambridge Estates
Replat 2, which is shown on Exhibit "A" attached hereto, is built upon or developed.
2. Amendment to Sections IV and V
At the present time, it will not be necessary for Lot 2, Cambridge Estates Replat
2, which is shown on Exhibit "A" attached hereto, to connect into the sanitary sewer system,
and it shall be permissible for Lot 2, Cambridge Estates Replat 2, to be served by a septic
system, however, at the time development occurs on Lot 1, Cambridge Estates Replat 2, which
is shown on Exhibit "A" attached hereto, or at the time the sanitary sewer line is extended to
Lot 2, Cambridge Estates Replat 2, which is shown on Exhibit "A" attached hereto, Lot 2 must
then abandon such septic system and connect into the sanitary sewer line and system pursuant
to the provisions of the Subdivision Agreement. -
3. Amendment to Section IX - ,
Under the Subdivision Agreement, the District has previously paid to the City an
interceptor sewer fee totalling $54,449.37 for the Property, which consists of 14.04 acres. As
the result of the replatting of Lot 64, Cambridge Estates Replat, into Lots 1 and 2, Cambridge
Estates Replat 2, as shown on Exhibit "A" attached hereto, the breakdown of the Fifty-four
Thousand Four Hundred Forty-nine Dollars and Thirty-seven Cents ($54,449.37) interceptor
sewer fee payment between the two lots is as follows:
(a) Lot 1, Cambridge Estates Replat 2, consisting of 11.03 acres is allocated
Forty-two Thousand Seven Hundred Seventy-six Dollars and Eleven Cents ($42,776.11)
of such paid interceptor fee.
(b) Lot 2, Cambridge Estates Replat 2, consisting of 3.01 acres is allocated
Eleven Thousand Six Hundred Seventy-three Dollars and Twenty-six Cents ($11,673.26)
of such paid interceptor fee.
The appropriate payment will be made to the District and/or City for the construction of
interceptor sewers as provided by City policy and ordinances and the Subdivision Agreement at
the time of obtaining a building permit for the construction of a structure on the Property.
4. Other Provisions Applicable
Exhibit "B" attached hereto sets forth the ingress and egress easement in favor of
Lot 2, Cambridge Estates Replat 2, and the location and dimensions of the proposed driveway
to serve Lot 2, Cambridge Estates Replat 2. The Reciprocal Access Easement, which relates
to the use of this access, and which will be recorded at the time of filing the plat for Cambridge
Estates Replat 2, is attached hereto as Exhibit "C" and by reference made a part hereof.
Except as otherwise provided herein, all other provisions of the Subdivision
Agreement shall remain binding on the parties.
2
ATTEST: CITY OF OM, A
By:
I
ity Cle c ayor
SANITARY&IMPROVEMENT DISTRICT
ATTEST: NO. 366 OF DOUGLAS COUNTY, NE
/0 7-" � By: fr) lam•-`
Clerk Chair an
PACIFIC LOTS, INC., a Nebraska
ATTEST: Corporation
e- By: frh
Presid t
APPROVED AS TO FORM: -
sistan ttorney
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LEGAL DESCRIPTION • •
A permonent easement for Ingress and egress over that port of Lot 1. CAMBRIDGE
ESTATES REPLAT 2. a subdivision os surveyed, plotted and recorded In Douglas County. Nebraska. described os follows:
Commencing the point of intersection of the north right of way line of Burke
Street with the cost right of way line of 168th Street:
Thence North OO'1 7'59" Eoet (beorings referenced to tho CAMBRIDGE ESTATES
REPLAT 2 Finol Plot) for 460.41 feet along the cost right of way tine of 168th
Street to the TRUE POINT OF BEGINNING;
Thence North 00'17'59" East for 272.33 feat along the east right of way line
of 168th Street to the north west corner of Lot 1. CAMBRIDGE ESTATES REPLAT 2:Thence North 84'31'41" East for 42.21 feet along the north line of Lot 1.
CAMBRIDGE ESTATES REPLAT 2;
Thence South 00'17'59" West for 164.58 feet parallel with and 42.00 feet cost
of the east right of way line of 168th Street:
Thence South 89.42.01" East for 48.00 feet;
Thence South 00'17'59" West for 112.00 feet porollel with and 90.00 feet cost
of the east right of way line of 168th Street;
Thence North 89'42'O1" West for 90.00 feet to the Point of Beginning.
Contoins 0.39 ocra.
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Exhibit "A"
01/27/1995 11:04 414-275-8082 ABBEY SPRINGS PAGE 02
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Send To:
James E. Lang
11306 Davenport Street
Omaha, NE 68154
RECIPROCAL ACCESS EASEMENT
WHEREAS, Pacific Lots, Inc., a Nebraska corporation ("Grantor"), is the owner
of the following described real property:
Lots 1 and 2, Cambridge Estates Replat II, being a replatting of
Lot 64, Cambridge Estates Replat, a subdivision as surveyed,
platted and recorded in Douglas County, Nebraska (hereinafter
referred to individually as Lot 1 and Lot 2 and collectively as Lots
1 and 2), and
WHEREAS, the Grantor is desirous of granting a reciprocal access easement for
the purposes of ingress and egress from Lots 1 and 2 to 168th Street abutting such lots on the
west pursuant to the terms hereof, and
NOW, THEREFORE, in consideration of the Covenants contained herein, and
for other good and valuable consideration, the receipt of which is hereby acknowledged, the
Grantor agrees as follows:
1. Grant of Easement. Grantor does hereby grant and convey to itself and to any
and all future owners of Lots 1 and 2, or any part thereof, and their respective heirs, successors,
assigns, invitees, lessees and employees (the "Grantees"), a nonexclusive reciprocal access
easement within, over and through the area shown and legally described on Exhibit "A" attached
hereto (the "Easement Area"), for the purpose of ingress from the existing 168th Street to Lots
1 and 2 and egress to the existing 168th Street from Lots 1 and 2, said street abutting such lots
on the west side of such lots. The Easement Area is also shown on the Cambridge Estates
Replat II plat recorded with the Register of Deeds, Douglas County, Nebraska.
2. Construction. Repair and Maintenance of Roadway. Upon the construction
of a structure upon Lot 2, the then owner of Lot 2 shall construct a hard surfaced roadway of
not less than 25 feet in width within the Easement Area from the south lot line of Lot 2 south
so as to provide access on to the existing 168th Street at a point at least 600 feet south of the
center line of West Dodge Road, all as shown on the site plan attached hereto as Exhibit "B".
The plans, specifications, and location of the roadway shall be approved in writing by the
Grantor prior to its construction. The hard surfaced roadway shall also be designed to provide
ingress and egress from Lot 1 to and from the existing 168th Street. The owner of Lot 2 shall
properly maintain and repair the roadway during the term of this easement. In consideration of
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the grant of this easement, the owner of Lot 1 and its successors, assigns, invitees, lessees and
employees shall have the right to use the hard surface roadway within the Easement Area for
ingress from the existing 168th Street to Lot 1 and egress to the existing 168th Street from Lot
1.
3. Term. It is anticipated that the intersection of 168th and West Dodge Road
may be reconstructed and as a result relocated, which would result in the placement of a cul-de-
sac at the termination of the existing 168th Street just south of West Dodge Road. In the event
of such relocation so as to permit direct egress from Lot 2 onto the existing 168th Street and
direct ingress from the existing 168th Street to Lot 2, or in any other event whereby Lot 2 would
have direct ingress and egress to and from the existing 168th Street, this easement shall then
terminate and Lot 2 shall then be permitted to access directly onto the existing 168th Street.
4. Modification of Easement. In the event the Owner of Lot 1 improves Lot 1,
and as a result of such improvements, it becomes necessary to modify or relocate the location
of the hard surface roadway, and/or the Easement Area, then the Owner of Lot 1 shall have the
right to modify or relocate the Easement Area and the roadway thereon conditioned on the
following:
(a) That the relocated roadway shall provide substantially the
same access which existed at the time of such relocation (Grantor
acknowledges that the Public Highway Authorities have advised
that the access point of the private road to the public street cannot
be relocated if the public street continues to intersect with West
Dodge Road);
(b) That at all times the relocated roadway shall be a hard surface
road of substantially the same size and quality of the initial
roadway;
(c) That the access shall at all times remain open and free of
obstructions; and
(d) That all costs for relocating the roadway shall be paid by the
then owner of Lot 1. Prior to the proposed relocation of the
roadway under this paragraph, the owner of Lot 1 shall notify the
owner of Lot 2 of such relocation plans and submit a copy of such
relocation plans to the owner of Lot 2.
5. Covenants Running with Land. All of the covenants, agreements, conditions,
and restrictions set forth in this easement are intended to be and shall be construed as covenants
running with the land, inuring to the benefit of and be binding upon and enforceable by the
Grantor and the Grantees.
2
6. The Grantor hereby represents that it is the owner of the property described
herein and has the right to convey this Easement in the manner set forth herein. This Easement
shall be binding upon and inure to the benefit of all present and future owners of Lots 1 and 2,
and to their respective heirs, successors, representatives, assigns, invitees, lessees and
employees. The provisions of this Easement shall be construed pursuant to the laws of the State
of Nebraska.
DATED this 27 day of July , 1995.
GRANTOR:
PACIFIC LOTS, INC., a Nebraska
corporation
By: / 1/K ,-tit.4---
W. L. Morriso , Jr., President
STATE OF NEBRASKA)
COUNTY OF DOUGLAS) SS.
The foregoing instrument was acknowledged before me on the 27 day of
July , 1995, by W. L. Morrison, Jr., the President of Pacific Lots, Inc., a Nebraska
corporation.
t.W1 - rat f
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Notary Public
!rf OFNEB"----
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• JlA 26 '95 09128 LAMP. R1•NEARSON & ASSOC.. INC. P,2'2
•
LEGAL DESCRIPTION • •
A permonent eosement for ingress and egress over that port of Lot 1. CAMBRIOGE
ESTATES REPLAT 2. a subdivision os surveyed. plotted and recorded In Dougloe
County. Nebraska. described as follows:
Commencing the point of intersection of the north right of way Tine of Burke
Street with the cost orth Oright of way line of 168th Street;
REPLAT 2 Thence
Fino! Plot) for7 460.41ost feetO along the referenced costr ght of way line 1 of�168th TES
Street to the TRUE POINT OF BEGINNING;Thence along way of 168th Street otoh the north westt corner for 7of Lot 12.33 t CCAMBRIDGE ESTATES REPLAT 2:e
Thence North 84'31 41' East for 42.21 feet along the north line of Lot 1.
CAMBRIDGE ESTATES REPLAY 2;
Thence South 00'17'59' West for 164.58 feet parallel with and 42.00 feet east
of the cost right of way line of 168th Street;
Thence South 89'42'O1' East for 48.00 feet;
Thence South 00'17'59" West for 112.00 feet parallel with and 90.00 feet cost
of the east right of way line of 168th Street;
Thence North 89'42'O1' West for 90.00 feet to the Point of Beginning.
Contains 0.39 acre.
• Sanitary Sewer Co5emenl ,
To City of Oao mh -
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To Nelropol;to, Utititiell
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MgRIDGE 200 o0 0 200
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CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebr September 19, 19 95
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Pacific Lots, Inc. proposes to build a subdivision to be known as
Cambridge Estates Replat 2 which will be located Southeast of 168th Street and West Dodge Road;
and,
WHEREAS, Sanitary and Improvement District (S.&I.D.) 366 has been formed to
build public improvements in this subdivision; and,
WHEREAS, Pacific Lots, Inc. and S.&I.D. 366 wish to construct a sanitary sewer
system and connect said system to the Sanitary Sewer System of the City of Omaha; and,
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.&I.D. 366 has paid all sewer connection fee to be used for the
construction of the sewers in the Papillion Creek Watershed in the original Subdivision Agreement;
and,
WHEREAS, a Subdivision Agreement Amendment 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 Amendment between the City of Omaha, Sanitary
and Improvement District 366 of Douglas County,Nebraska and Pacific Lots, Inc., as recommended
by the Mayor,providing for the public improvements and sewer connection to the Omaha Sanitary
Sewer System,is hereby approved.
P:\Pw\1202.MAF APPROVED AS TO FORM:
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AL�ANT CITY ATTORNEY
B40,eivi
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Adopted EP 19 95. 7---
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