RES 2016-1612 - Subdivision agmt, Pacific St West Replat 12 ply
0r..A"A'N.6 �".._ ; Public Works Department
14`'\ e9'� Traffic Engineering Division
�v Omaha/Douglas Civic Center® � "f.' R'�'" 1819 Farnam Street,Suite 603
..f �f�crC `r� November 22, 2016 s j -
p -_ ,�. , Omaha,Nebraska 68183-0601
'to�~ (402)444-5220
'too (402)FEDI ` Fax(402)444-5248
City of Omaha Robert G. Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Amendment to Subdivision Agreement among 204 Pacific,
LLC,successor in interest to 204,LLC,Tuscan Ridge Homeowners Association formerly known as
Pacific Street West Homeowners Association, Pacific Pointe Landowners Association formerly
known as Pacific Street West Commercial Owners Association, Sanitary and Improvement District
(S.&I.D.) No. 539 of Douglas County, Nebraska, and the City of Omaha. This Amendment to
Subdivision Agreement covers the public improvement of Pacific Street West Replat 13 (Lots 1-4),a
subdivision located southeast of 203rd and Pierce Streets.
The Public Works Department requests your consideration and approval of the attached Resolution
and Amendment to Subdivision Agreement.
Respectfully submitted, This action has been reviewed and
found to be in conformance with the
M ster Plan.
g-4'Ro ert G. Stubbe, P.E. Date James R. Thele Date
Public Works Director tw Planning Director
Approved as to Funding: Referred to City Council for Consideration:
// (744,-, q
Ste en B. Curtiss Date Mayor's Office Date
Finance Director -tea
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AMENDMENT TO SUBDIVISION AGREEMENT
Pacific Street West Replat 13(Lots 1-4)
yS AMENDMENT TO SUBDIVISION AGREEMENT, made and entered into this day of
d�l�16s'f' , among 204 PACIFIC, LLC successor in interest to 204,LLC (hereinafter referred to as
"Subdivider"),TUSCAN RIDGE HOMEOWNERS ASSOCIATION formerly known as PACIFIC STREET WEST
HOMEOWNERS ASSOCIATION (hereinafter referred to as "Homeowners Association"), PACIFIC POINTE
LANDOWNERS ASSOCIATION formerly known as PACIFIC STREET WEST COMMERCIAL OWNERS
ASSOCIATION(hereinafter referred to as"Commercial Owners Association"),SANITARY AND IMPROVEMENT
DISTRICT NO 539 of DOUGLAS COUNTY,NEBRASKA,(hereinafter referred to as"District"), and the CITY OF
OMAHA, a Municipal Corporation in the State of Nebraska(hereinafter referred to as"City").
WITNESSETH
WHEREAS, the Subdivider, Homeowners Association, Commercial Owners Association, District, and the City
previously entered into a Subdivision Agreement for the subdivision of Pacific Street West approved by the Omaha
City Council on October 31,2006;
WHEREAS, the District and City have identified obligations contained within the Subdivision Agreement that have
not been completed and the District and City desire to restate and amend the obligations as stated below;and,
WHEREAS, Section I, subparagraph A of the Subdivision Agreement provides that the District shall enter into an
Interlocal Agreement with Douglas County for the paving of Pacific Street to a four lane concrete street from
approximately 201 st Street westerly to 204th Street;and,
WHEREAS,the parties wish to amend the Subdivision Agreement accordingly..
NOW,THEREFORE,IT IS AGREED AS FOLLOWS:
1. Section I, Subparagraph A of the Subdivision Agreement is amended to add the following language:
The District shall enter into an Interlocal Agreement with Douglas County prior to recording the final
plat of Pacific Street West Replat 13,for the construction by the District of grading,paving,culvert
and related improvements for the paving of Pacific Street to a four lane concrete street from
approximately 201St Street westerly to 204th Street. This obligation shall survive the recording of the
final plat of Pacific Street West Replat 13.The obligation of District to install and/or fund the said
Pacific Street improvements shall not accrue,and the running of any applicable statute of limitations
shall not commence,until such time as Douglas County notifies the District of Douglas County's intent
and desire that the District complete the improvements. Such notification shall be in writing,and a
copy shall be sent to the City Public Works Director.
2. The remainder of the Subdivision Agreement shall remain in full force and effect.
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 OMAHA
IL347_,(074-eln—
ateI ,3 ftLERK MAYOR
Date
Rev.. I _70161
ATTEST: SANITARY AND IMPROVEMENT DISTRICT NO.
SANITARY AND IMPROVEMENT DISTRICT 539 OF DOUGLAS CO.,NEBRASKA
NO. 539 OF DOUGLAS CO.,NEBRASKA
4
/"' " De20 Dr�p20/CLER CHAI N Date
204 PACIFIC LLC,A NEBRASKA LIMITED
LIABILITY COMPANY,
ITS MANAGER
TUSCAN RIDGE HOMEOWNERS
ASSOCIAT N
PK SIDENT
PACIFIC POINTE LANDOWNERS
ASSOCIATIO 4........._
/&-/3-/6
PRESIDIt
APPROVEDIAS TO FORM:7ITY ATTORNEY
On thish day of °' 20 ij,before me,a Notary Public in and for said County and State,
personally appeared r1 N-ofh i "or -of the City of Omaha.,¢who executed the above and
acknowledged the execution thereof to be their voluntary ct and deer. () LX.i.J�i�-r ei e,\, r
,�, GENERAL NGTARY-State of Nebraska ` �
s� L (� I'ilq' JENNA L.GAI�CIA ^-'�
N ARY PUBLIC' ki\-kek \-- �.7� w _ttlki My Comm.Exp.January 14,2018
My Commission expires \I Ok\1V(
On thi h day o 0 lt�� 20 %,3before me,a Notary Public in and for said County and State,
personally appeare. 40,4 - ' Chairman of Sanitary and Improvement District No. 539,who
executed the above and ackn. �-dged the cution thereof to be their voluntary act and deed.
(XMOttT -D-Ca . GENERAL NOT
f DEeRA•State of Nebraska
NOTARY PUBLIC `� , xpMay8 2ot8
My Commission expires JQ. J
On this t 3 th day of / ',r. 20/k,before me,a Notary Public in and for said County and State,
personally appeared Omg R)-jde.n ,member of the 204 Pacific LLC,a Nebraska limited liability
company,who executed the above and acknowledged the execution thereof to be their voluntary act and deed.
a /")'7.j _
State of Nebraska•General Notary
t My Commission Expires
NO ARY PUBLIC February 18,2019
My'Commission expires 02l/4/9
Re . 1i1i20163
On thisi/LT th day of 10 Y ,2006, ,before me,a Notary Public in and for said County and State,
personally appeared Sav, Te60LAc k, ,President of the Tuscan Ridge Homeonwners Association,who
executed the above and acknowledged thexecution thereof to be their voluntary act and deed.
State of Nebraska•General Notary
/1/- (1). /71/"..—
KRISTINE K MOORE
My Commission ExpiresdAR Y February 18,2019
J
My Commission expires 7/iY/t i
On this I3 th day of s '' oheC- ,20)(f,before me, a Notary Public in and for said County and State,
personally appeared J ,r) f`lrA. s ,President of the Pacific Pointe Land Owners Association,who
executed the above and acknowledge the execution thereof to be their voluntary act and deed.
State of Nebraska•General Notary
KRISTINE K MOORE
My Commission Expires
O ARY PUBLIC February 18,2019
My ommission expires 69-/ 14/ Cl
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,204 Pacific,LLC,successor in interest to 204,LLC(hereinaftet referred to as
"Subdivider"), proposes to build a subdivision to be known as Pacific Street West Replat 13 (Lots 1-4),
which will be located southeast of 203rd and Pierce Streets; and,
WHEREAS,the Subdivider will build public and private improvements in this subdivision;
and,
WHEREAS, the Subdivider previously entered into a Subdivision Agreement among the
Subdivider,the City of Omaha,Tuscan Ridge Homeowners Association formerly known as Pacific Street
West Homeowners Association,Pacific Pointe Landowners Association formerly known as Pacific Street
West Commercial Owners Association, and Sanitary and Improvement District (S.&I.D.) No. 539 of
Douglas County,Nebraska, which was adopted by the City Council of the City on October 31, 2006,via
Resolution No. 1220; and,
WHEREAS,the parties agree to amend the Subdivision Agreement to ensure certain future
improvements to Pacific Street by S.&I.D. 539; and,
WHEREAS,an Amendment to 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 Subdivision Agreement among the City of Omaha,204 Pacific,
LLC,successor in interest to 204,LLC,Tuscan Ridge Homeowners Association formerly known as Pacific
Street West Homeowners Association,Pacific Pointe Landowners Association formerly known as Pacific
Street West Commercial Owners Association, Sanitary and Improvement District (S.&I.D.)No. 539 of
Douglas County,Nebraska,as recommended by the Mayor,ensuring future improvements to Pacific Street
by S.&I.D. 539, is hereby approved. The Subdivision is to be known as Pacific Street West Replat 13
(Lots 1-4) and is located southeast of'203rd and Pierce Streets.
P:\rah\1424rah.doc APP, OVED AS TO FORM:
.CITY ATTORNEY DATE
By •
Coun ilmember
Adopted.... NOV 2 2016
4_j City Clerk A roved.-r.1. - W El j 5/ Lb
Pp
Mayor
NO.
Resolution By
Res. that, the Amendment to Subdivision
Agreement among the City of Omaha, 204
Pacific. LLC, successor in interest to 204,
LLC,Tuscan Ridge Homeowners Association
formerly known as Pacific Street West
Homeowners Association, Pacific Pointe
Landowners Association formerly known as
Pacific Street West Commercial Owners
Association. Sanitary and Improvement
District(SILL D.)No. 539 of Douglas County,
Nebraska. as recommended by the Mayor,
ensuring future improvements to Pacific Street
by S.&I.D. 539, is hereby approved. The
Subdivision is to be known as Pacific Street
West Replat 13 (Lots 1-4) and is located
southeast of 203rd and Pierce Streets.
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Presented to City Council
NOV 2 2 2016
Adopted ..
City Clerk