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Home My WebLink AboutR-1999-034 Sewer Main ReimbursableRESOLUTION NO. R-99- 34 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Sewer Utility System Reimbursement Agreement and Conveyance between the City of Yakima and, Matthews Investments. WHEREAS, Matthews Investments in reliance on potential reimbursement pursuant to RCW 35.91.020, installed certain sewer lines and appurtenances thereto and connected same to the City's sewer utility system so that such improvements constitute an integral part thereof; and, and WHEREAS, Matthews Investments paid all the costs and expenses for installation of said improvements; and WHEREAS, the City and Matthews Investments agree that the construction and installation of said improvements is in the public interest and in furtherance of public health and sanitation; and WHEREAS, it is in the best interest of the City to enter into a SewerUtility System Reimbursement Agreement and Conveyance with Matthews Investments according to the terms of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Sewer System Reimbursement Agreement and Conveyance with Matthews Investments. ADOPTED BY THE CITY COUNCIL this /UJ day of ATTEST: CITY CLERK Eng.&Util. Engr.AA6/MATTHEWS-6 MAYOR , 1999. Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Sewer Utility Systems Reimbursement Agreement and Conveyance Grantor: City of Yakima Grantee: Matthews Investments Legal Description: Druse Subd No. 2: Lot 22; Lot 23; Lot 24; Lot 25; Lot 26; Lot 27; Lot 28; Lot 29; Lot 30; Lot 31; Lot 32; Lot 33; Lot 34, Lot 35; Happy Acres Lot 19; Lot 20; Lot 21 Parcel Number: 181319-31421, 181319-31422, 181319-31423, 181319-31424, 181319-31425, 181319-31426, 181319-31427, 181319-31428, 181319-31429, 181319-31430, 181319-31431, 181319-31432, 181319-31433, 181319-31434; 181319-31453, 181319-31454, 181319-34155 Page 1 of 1 1 1 11 1 1 II III I II 7107185 Page; 1 of 9 03/24/1999 19:11A AGR $ 8,09 Yakima Co, WA City of Yakima Clerks Office 129 North Second Street Yakima, WA 98901 SEWER UTILITY SYSTEM REIMBURSEMENT AGREEMENT AND CONVEYANCE 1 THIS AGREEMENT made and entered into this 1V Yktet- day of -e-k. 1999, by and between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and Matthews Investments, hereafter referred to as "DEVELOPER"; WHEREAS, The Developer, in reliance on potential reimbursement pursuant to RCW 35.91.020, installed certain sewer lines and appurtenances thereto at, near, or within the below -described property and connected same to the City's Utility System so that such improvements constitute an integral part thereof; and WHEREAS, the Developer paid all the costs and expenses for the installation of said improvements; and WHEREAS no other property owners or users were available to share in the cost and expense of construction of such improvements and the parties hereto having in mind the provisions and terms of RCW 35.91.020; and WHEREAS, the City and Developer agree the construction and installation of said improvements is in the public interest and in furtherance of public health and sanitation; 11 11 TY OF YAKIMA 1 1 11 1 1 II 11 1 1 11 7107185 Page, 2 of 9 93/24/1999 18,11A AGR $ 6.99 Yakima Co, WR NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Developer as follows: 1. Property Owned by Developer. The Developer represents that it is the owner of the following described property: Yakima County Assessor's Parcel 181319-31005 2. Sewer Utility System Improvements. The following described sewer utility system improvements were installed by the Developer in connection with the above-described property: An eight (8) inch sewer main beginning at the existing manhole on N. 88th Avenue/Barge Street; extending west approximately 650 feet; then north approximately 625 feet on N. 89th Avenue to Summitview, to serve new 14 -lot subdivision ("Vista Del Rey"). The Developer certifies that the total cost of said improvement construction is $65,006.30. 3. Compliance with Applicable Codes/Regulations. The Developer represents that said sewer utility system improvements comply with all applicable codes and regulations of the City of Yakima. The Developer agrees that said sewer utility system improvements and all facilities operated by the Developer pursuant to this Agreement are subject to all City codes, ordinances, and regulations regarding utility facilities in general, as now or hereafter adopted. 4. Payment of Labor/Material Expenses. The Developer represents all expenses and claims in connection with the construction and installation of the aforesaid improvements, whether for labor or materials, have been or will be paid in full, all at the Developer's expense. Developer will defend, indemnify, and hold the City harmless from any and all liability in connection therewith. 11 11 11 11 TY OF YAK MR 1 1 1 1 1 1 11 1111 11 7107185 Page: 3 of 9 03/24/1999 M11A AGR $16,00 Yakima Co, WA 5. Reimbursement for Improvements. The legal description of the property affected by this Agreement and a map outlining the land affected by such additional charges per the terms of this Agreement are contained in Exhibit "A", which is attached and hereby incorporated into this Agreement. The total cost of said sewer utility system improvement shall be utilized to determine the pro -rata reimbursement to the Developer by any owner of real estate, who did not contribute to the original cost of said improvement, and who subsequently wishes to tap into or connect to said improvement, all subject to the laws and ordinances of the City of Yakima, the State of Washington, and the provisions of this Agreement. The pro -rata share per parcel is $2,096.98; provided that in no event shall the Developer be reimbursed for any amount greater than $35,648.66. No person, firm, corporation, or other entity shall be granted to permit or be authorized to tap into the facility for sewer service during a period of fifteen (15) years from the date this Agreement is recorded pursuant to Section 9, without first paying to the City, in addition to any and all other costs, fees and charges made or assessed for each tap, or for the main facility constructed in connection therewith, the amount required by the provisions of this Agreement except such charges shall not apply to any extension of the main facility. All amounts so received by the City shall be paid to the Developer under the terms of this Agreement within thirty (30) days after receipt thereof. Upon expiration of the aforementioned fifteen (15) year term, the City shall be under no further obligation to collect or make any further payments to the Developer for said improvements. The decision of the City Engineer or his authorized representative in determining or computing the amount due from any benefited owner/party who wishes to hook up to said improvements, shall be final and conclusive in all respects. 6. Conveyance of Improvements to City. After inspection and approval of said sewer system utility improvements by the City Engineer and acceptance by the Yakima City Council, the improvements shall be part of the City of Yakima utility system. The Developer agrees to convey, transfer and assign the City all right, interest, and title in and to said improvements and all appurtenances and accessories thereto, free from any and all claims and 1 1111 7107185 Page 4 of 9 II 03/24/1999 10:11A AGR $16,00 Yakima Co, WR encumbrances of any party whomsoever. The Developer will deliver to the City any and all documents including quit claim deeds and bills of sale that may reasonably be necessary to fully vest title in the City. After conveyance, the Developer will pay to the City such service fees or other charges that are or may be imposed by ordinance of the City of Yakima to like users of the same class. 7. Guarantee. The Developer guarantees workmanship and materials of said sewer utility system improvements for a period of one (1) year after the City's acceptance of the facilities. The Developer further warrants that said improvements are fit for use as part of the City sewer system. Developer agrees to defend, indemnify, and hold harmless the City from any and all liability claimed by a third party due to faulty workmanship and materials within the aforementioned one (1) year guarantee period. 8. Extension/Addition. The City reserves the right, without affecting the validity or terms of this Agreement, to make or cause to be made, extensions or additions to said improvements and to allow service connections to be made to said extensions or additions, without liability on the part of the City. 9. Recordation. This Agreement shall be recorded with the City Clerk with the Auditor of each county in which any of the benefited property is situated, and shall remain in full force and effect for a period of fifteen (15) years after the date of such recording, or until the Developer, or its successors or assigns, is fully reimbursed as aforesaid, whichever event occurs earlier; provided, that in the event the improvements described herein shall, during the term of this Agreement, be rendered useless by the redesign or reconstruction of a portion of the City's sewer system facilities, such determination of uselessness to be in the absolute judgment of the City Engineer, then the City's collection obligation pursuant to this Agreement shall cease. 111 1111 11111111 1311311111 5 Page7107/119598909:11A 185 of 03/24/1999 Q9 11R CITY OF YRKIMR AGR $16.80 Yakima Co, WR DATED THIS I 9�1/1 DAY OF rdO rt t r9 , 1999 . CITY OF YAKIMA, WASHINGTON, a Municipal Corporation BY ick, Zais, City Manager ATTEST: STATE OF WASHINGTON ) ss County of Yakima DEVELOPER Matthews Investments B Del Mathews Its: Oiune-r City Contract No. 99-37 Resolution No. R-99-34 I certify that I know or have satisfactory evidence that bdi MIA- C.12.\,5 is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of M&A' 1Lu)S Ihvt6i'VY120+5 , a to be the free and voluntary 01.Wv1e-r C�c71e $'roprle4-orskip act of said such party for the uses and purposes mentioned in the instrument. DATED: Notary Public in and for the State of MJA6hingion , residing at Ytt%//12/1.� My Commission expires: ///q/Ci 11 111111 TY OF YAKIMA 1 1 11 1 1 1111 II 7107185 Page: 6 of 9 03/24/1999 10:11A AGR $16,00 Yakima Co, WA MATTHEWS INVESTMENTS SEWER MAIN REIMBURSABLE AGREEMENT EXHIBIT A Properties benefiting from Matthews Inveslnients Sewer Main Extension, City Project 9807 03 Connection Rate. $ 2,096.98 per Parcel Parcel No. & Legal Description Reimbursable Amount Yakima County Parcel 181319-31005 -0- Legally described as E 1/2 NE '/4 SW 1/4 LY N OF (Property Owned by DRUSE SUBD NO 2 & W OF FOL DESC LN. Developer) BEG W 37708 FT OF CEN SEC 19, TH S 0 D 37'43 W 275 FT TH N 89 D 41' W 20 FT, TH S6D20'10W Yakima County Parcel 181319-31421 Legally described as Druse Subd No. 2: Lot 22 $ 2,096.98 Yakima County Parcel 181319-31422 2,096.98 Legally described as Druse Subd No 2• Lot 23 Yakima County Parcel 181319-31423 2,096.98 Legally described as Druse Subd No 2• Lot 24 Yakima County Parcel 181319-31424 2,096.98 Legally described as Druse Subd No 2 Lot 25 Yakima County Parcel 181319-31425 2,096.98 Legally described as Druse Subd No. 2: Lot 26 Yakima County Parcel 181319-31426 2,096.98 Legally described as Druse Subd No. 2: Lot 27 Yakima County Parcel 181319-31427 2,096.98 Legally described as Druse Subd No. 2: Lot 28 Yakima County Parcel 181319-31428 2,096.98 Legally described as Druse Subd. No 2• Lot 29 11 11 11 ITY OF YAKIMA 1 1 11 1 1 II 11 11 11 7107185 Page 7 of 9 03/24/1999 10.11A AGR $16.00 Yakima Co, MA Yakima County Parcel 181319-31429 2,096.98 Legally described as Druse Subd No. 2• Lot 30 Yakima County Parcel 181319-31430 2,096.98 Legally described as Di -use Subd No. 2, Lot 31 Yakima County Parcel 181319-31431 2,096.98 Legally described as Druse Subd No. 2, Lot 32 Yakima County Parcel 181319-31432 2,096.98 Legally described as Druse Subd No. 2, Lot 33 Yakima County Parcel 181319-31433 2,096.98 Legally described as Druse Subd No. 2, Lot 34 Yakima County Parcel 181319-31434 2,096.98 Legally described as Druse Subd No 2, Lot 35 Yakima County Parcel 181319-31453 2,096.98 Legally described as Happy Acres Lot 19 Yakima County Parcel 181319-31454 2,096.98 Legally described as Happy Acres Lot 20 Yakima County Parcel 181319-31455 2,096.98 Legally described as Happy Acres Lot 21 Total Reimbursement $ 35,648.66 1 ITY OF YAK MA 1 1 1 1 1 7107185 Page 8 of 9 03/24/1999 10110 AGR $18.00 Yakima Co, WA Matthews Investments Sewer Reimbursable Agreement Scale - lin = 300ft 0 150 300® City of Yakima, Washington January 19, 1999 11 II 1 11 CITY OF YAKIMA N 7107185 Page, 9 of 9 03/24/1999 10q1A 08 Yakima Co, WA 3421 13420 13419 \ 13418 113417 24007 13422 13423 A 13424 L U R 13425 13426 13434 13433 13432 13431 13430 13429 23002 24008 24004 24010 24020 I' 13435 13438 13437 13438 13439 13440 U., nr .. 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The $65,006.30 cost of the sewer line was paid by Matthews Investments. The Sewer Reimbursable Agreement, in compliance with RCW 35.91.020, is the means by which Matthews Investments may recover a portion of the construction costs. Resolution X Ordinance_ Contract X Other Specify Agreement / Map Funding Source: Contingency Fund APPROVAL FOR SUBMITTAL: ---) ..., City 1V'anager STAFF RECOMMENDATION: Staff recommends City Council approval of the attached agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: