Loading...
HomeMy WebLinkAboutR-1999-112 Water & Sewer Reimbursement AgreementsRESOLUTION NO. R-99-1 1 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute two developer reimbursement agreements with the Washington Military Department regarding domestic water system and sanitary sewer system improvements constructed by the Washington Military Department WHEREAS, the Washington Military Department has at its own expense, and in reliance on potential reimbursement from nearby benefited properties pursuant to RCW 35.91.020, installed certain water lines and appurtenances in the vicinity of the planned site for a new armory facility at the Yakima Air Terminal at McAllister Field, and has connected those improvements to the City's Domestic Water Utility System so that those improvements constitute an integral part thereof; and WHEREAS, the Washington Military Department has at its own expense, and in reliance on potential reimbursement from nearby benefited properties pursuant to RCW 35.91.020, installed certain sanitary wastewater sewer lines and appurtenances thereto in the vicinity of the planned site for a new armory facility at the Yakima Air Terminal at McAllister Field,. and has connected those improvements to the City's Wastewater Utility System so that those improvements constitute an integral part thereof; and WHEREAS, RCW 35.91.020 authorizes the City of Yakima to enter into agreements with the Washington Military Department to establish reimbursement obligations which bear on the owners of property which subsequently connect improvements to the sewer or domestic water improvements; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached agreements for reimbursement of the Washington Military Department; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute agreements in substantially the form of the attached agreements for developer reimbursement to be \\Lwatkins\cc shared\File-Sharing\KAREN-S-FOLDER\E-MAIL:ENCLOSURES\res auth sewer & water ks.docLast printed 08 paid to the Washington Militaiy Department for domestic water and sewer improvements. ADOPTED BY THE CITY COUNCIL this , 7 day of August, 1999. ATTEST: John Puccinelli, Mayor City Clerk \\Lwatkins\cc shared\File-Sharing\KAREN-FOLDER\E-MAIL ENCLOSURES\res auth sewer & water ks.docLast printed 08 WHEN RECORDED RETURN TO: Name City Clerk , City of Yakima Address 129 N 2nd Street City, State, Zip Yakima, W A 98901 AGREEMENT FOR DEVELOPER REIMBURSEMENT FOR AND CONVEYANCE TO THE CITY OF YAKIMA OF SANITARY SEWER SYSTEM IMPROVMENTS PARTY 1 (City): City of Yakima, Washington, a state of Washington municipal corporation PARTY 2 (Developer): Washington Military Department, a department of the state of Washington LEGAL DESCRIPTION (abbreviated): Portions of: the NE, NW, SE and SW 1/4s, Section 2, Township 12 North, Range 18, E.W.M.; the NE, NW, SE and SW 1/4s, Section 3, Township 12 North, Range 18, E.W.M.; the SE 1/4, Section 35, Township 13 North, Range 18, E.W.M.; the SW 1/4, Section 36, Township 13 North, Range 18, E.W.M. Assessor's Tax Parcel I.D. #s: 181201-22007 181202-12009 181202-32001 181202-42417 181203-14416 181202-11003 181202-13002 181202-32002 181202-42418 181203-41001 181202-11005 181202-13003 181202-42002 181203-11001 181203-41005 181202-12001 181202-14001 181202-42400 181203-14401 181336-33001 181202-12003 181202-14011 181202-42402 181203-14402 181336-33002 181202-12004 181202-21001 181202-42403 181203-14403 181336-33003 181202-12005 181202-23003 181202-42404 181203-14405 181336-34011 181202-12006 181202-31001 181202-42405 181203-14415 181336-34019 THIS AGREEMENT is made and entered into this 5Oth day of 111000,0nba ,1999, by and between the CITY OF YAKIMA, a state of Washington municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY," and the Washington State Military Department, a department and agency of the state of Washington, hereinafter referred to as "DEVELOPER." RECITALS WHEREAS, the Developer has, in reliance on potential reimbursement pursuant to RCW 35.91.020, installed certain sanitary wastewater sewer lines and appurtenances thereto at, near, or within property described below, and has connected those improvements to the AGREEMENT FOR DEVELOPER REIMBURSEMENT Last printed 10/04/99 12:43 PM SANITARY SEWER SYSTEM IMPROVEMENTS Page 1 of 5 11 11 11 TY OF YAK MA 1 1 1 1 1 1 II 111 1 11 7146093 Page: 1 of 8 11/38/1999 18:13A ACR $ 5,08 Yakima Co, WA City's sanitary wastewater sewer system so that those improvements constitute an integral part thereof; and WHEREAS, the Developer has paid all the costs and expenses for the installation of said improvements; and WHEREAS, the improvements installed by the Developer provide substantial sanitary wastewater sewer capacity in excess of the capacity which the Developer will use; 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 of RCW 35.91.020; and WHEREAS, by the provisions of Chapter 7.58 of the Yakima Municipal Code ("YMC"), the City collects a connection charge for connection of improvements to the City's sanitary wastewater sewer system; 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 welfare; AGREEMENT NOW, THEREFORE, in consideration of the premises recited above and the mutual covenants, promises, and agreements set forth herein, the City and the Developer agree as follows: 1. Developer's Property. The Developer represents that it is the lessee of the following - described property, hereinafter referred to as the "Developer's Property": That portion of the Northwest quarter of Section 2, Township 12 North, Range 18 East, W.M. described as follows: Beginning at the Southwest corner of said subdivision; thence North 0°37'25" East, along the West line thereof, 1212.77 feet to the True Point of Beginning; thence continuing North 0°37'25" East 340.15 feet; thence North 89°22'35" East 1044.84 feet; thence South 0°37'25" West 513.47 feet to a point bearing South 79°57'28" East from the True Point of Beginning; thence North 79°57'28" West 1059.12 feet to the True Point of Beginning. EXCEPT the West 30 feet thereof. Being a portion of Yakima County Assessor's Parcel No. 181202-21001. 2. Subject Sewer Improvements. The following described sanitary wastewater sewer system improvements, hereinafter referred to as the "Subject Sewer Improvements," were constructed and installed by the Developer to provide sanitary wastewater sewer service for improvements on Developer's Property: A sanitary sewer main including eighteen (18) inch, fifteen (15) inch, twelve (12), and eight (8) inch pipe; manholes; a flow monitoring facility; and related appurtenances along a route generally described as beginning at the intersection of South 10th Avenue and Pioneer Lane; thence extending Westerly approximately 2212 feet, to South 16th Avenue; thence Southerly, along South 16th Avenue, approximately 975 feet; thence Westerly approximately 1259 feet; thence Southerly approximately 678 feet to Ahtanum Road; thence Westerly, along Ahtanum Road, approximately 2700 feet, to South 26th Avenue; AGREEMENT FOR DEVELOPER REIMBURSEMENT Last printed 10/04/99 12:43 PM SANITARY SEWER SYSTEM IMPROVEMENTS Page 2 of 5 1 TY OF YAKIMA 1 11 1 1 II 11 1 1 11 7146093 Rage, 2 of 8 11/38/1999 10:13A AG $ 5.00 Yakima Co, WA thence Northerly, along South 26th Avenue, approximately 1129 feet, to Airport Lane; thence Easterly, along Airport Lane, approximately 354 feet, to the terminus of said sewer main. 3. Compliance with Applicable Codes/Regulations. The Developer represents that the Subject Sewer Improvements comply with all applicable codes and regulations. The Developer acknowledges that the Subject Sewer Improvements and all facilities operated by the Developer pursuant to this Agreement are subject to all City codes, ordinances, and regulations regarding wastewater collection facilities in general, as now or hereafter adopted. 4. Cost of Construction of Subject Sewer Improvements. The Developer declares and the City acknowledges that the total cost of construction of the Subject Sewer Improvements is $929,583.00. 5. Payment of Labor/Material Expenses. The Developer represents that all expenses incurred and claims made in connection with the construction and installation of the Subject Sewer Improvements, whether for labor, materials, or any other matter, have been or will be paid in full, all at the Developer's expense. Developer shall be solely responsible for any and all liability in connection with any expenses incurred or contract claims made in connection with construction and installation of the Subject Sewer System Improvements. 6. Reimbursement of Developer's Costs Pursuant to RCW 35.91.020. A. Dollar Limit of Reimbursement. In no event shall the City be obligated to reimburse the Developer more than $907,965.00 under this agreement. B. Period of Reimbursement. The City's obligation to pay reimbursement shall exist no longer than exactly fifteen (15) years after this Agreement is recorded pursuant to Section 10 below. Upon expiration of the fifteen (15) year reimbursement period, the City shall be under no further obligation to make any further reimbursement payments to the Developer for said improvements. C. Designation of Benefited Area. Those parcels of real property any portion of which lies within five hundred (500) feet of the Subject Sewer Improvements are benefited by the Subject Sewer. Improvements and accordingly are collectively designated as the "Benefited Area" and, pursuant to state law, are made subject to the reimbursement provisions of this Agreement. Properties within the Benefited Area are designated "Benefited Properties." Attached to this Agreement as Exhibit A, which is incorporated as part of this Agreement, is a list of properties benefited by the Subject Sewer Improvements, identified by Yakima County Assessor's parcel numbers and by legal descriptions as published by the Yakima County Assessor's Office in August 1999. Attached to this Agreement as Exhibit B, which is incorporated as part of this Agreement, is a list of properties benefited by the Subject Sewer Improvements together with the approximate total area in square feet of each parcel. Exhibits A and B reflect information published by the Yakima County Assessor's Office in August 1999. However,, for any Benefited Property, actual parcel number and/or parcel area when connection is requested may differ from Exhibit B because property transfers, boundary line adjustments, parcel mergers, or other pertinent matters may change during the term of this Agreement. Consequently, parcel numbers, actual parcel area, and other pertinent facts regarding any Benefited Property, and the actual connection charge shall be AGREEMENT FOR DEVELOPER REIMBURSEMENT Last printed 10/04/99 12:43 PM SANITARY SEWER SYSTEM IMPROVEMENTS Page 3 of 5 1111 11 TY OF YAK MA 1 1 11 1 1 11 1111 11 7146093 Page: 3 of 8 11/30/1999 10:13A AGR $ 5.00 Yakima Co, WA determined by the City Engineer at the time of a request for connection of an improvement to the City's Sewer System. D. Connection Charges Required. No person, firm, corporation, or other entity shall be granted a permit or be authorized to tap into, or use, or to connect any improvement on Benefited Property to the Subject Sewer Improvements, without first paying to the City, in addition to any and all other costs and charges made or assessed for such tap, or use, or for the sewers constructed in connection therewith, such connection charges as are required at the time by the provisions of Chapter 7.58 YMC. E. Reimbursement to the Developer. The City shall pay as reimbursement to the Developer the following portions of connection charges collected pursuant to Chapter 7.58 YMC from any owner of real property within the Benefited Area who did not contribute to the original costs of the Subject Sewer Improvements and who requests to connect any improvement on Benefited Property to the Subject Sewer Improvements: 1. Seventy five percent (75%) of the base trunks/interceptors charges as provided under Section 7.58.060 YMC. 2. Seventy five percent (75%) of the base collection pipes charges as provided under Section 7.58.070 YMC, for connections directly to the Subject Sewer Improvements. Such payments shall be made by the City to the Developer within thirty (30) days after the underlying connection charges are received by the City. F. City Engineer's Determination Final. Subject to the provisions of this agreement, and the City's duty to act in good faith to satisfy its obligations under this agreement, the connection charges payable to the City pursuant to Chapter 7.58 YMC in respect of connection of an improvement on a Benefited Property to the Subject Sewer Improvements shall be determined exclusively in the sole discretion of the City Engineer or his/her designee and shall be final and conclusive in all respects. G. In the event the Subject Sewer Improvements described herein are, during the term of this Agreement, determined by the City Engineer to be rendered useless by the redesign or reconstruction of a portion of the City's sewer system facilities, then the City's collection and reimbursement obligations pursuant to this Agreement shall cease. Subject to the provisions of this agreement, and the City's duty to act in good faith to satisfy its obligations under this agreement, such determination of uselessness shall be exclusively in the sole discretion of the City Engineer and shall be final and conclusive in all respects. 7. Conveyance of Improvements to City. After inspection and approval of the Subject Sewer Improvements by the City Engineer, and acceptance by the City Council of the City, the improvements shall be part of the City wastewater collection system. The Developer agrees to convey, transfer and assign to the City all Developer's right, interest, and title in and to the Subject Sewer Improvements and all appurtenances and accessories thereto, free from any and all claims or encumbrances of any party whomsoever. 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 upon like users of the same class. AGREEMENT FOR DEVELOPER REIMBURSEMENT SANITARY SEWER SYSTEM IMPROVEMENTS 11 11 11 11 ITY QF YAKIMA 1 1 Last printed 10/04/9912:43 PM Page 4 of 5 u 1 1 11 11 11 7146093 Page: 4 of 8 11/30/1999 10:13A AGR $15.00 Yakima Co, WR other charges that are or may be imposed by ordinance of the City upon like users of the same class. 8. Guarantee. The Developer guarantees workmanship and materials of the Subject Domestic Water System Improvements until November 30, 1999. The Developer further warrants that said improvements are fit for use as part of the City domestic water system. Developer shall be solely . responsible for any and all liability claimed by a third party due to negligence or faulty materials. 9. 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 the Subject Domestic Water System Improvements and to allow service connections to be made to said extensions or additions, without creating additional reimbursement obligations to the Developer on the part of the City. 10. Recordation. This Agreement shall be recorded by the City Clerk with the Auditor of Yakima County. Dated this 30th day of Novembe;-1999. CITY OF YAKIMA, WASHINGTON A Municipal Corporation Dick Zais7Cay Manager City Clerk Resolution No. R-99-112 City Contract No. 99-95 State of Washington ) fiett_:_e ) ss: County of Yakirrta ) I certify that I know or have satisfactory evidence that-iTm5'`A.\ :i.:,a01.u2vtls(- 1 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 Act .4-4 t* &e.il t 4: I of the Washington State Military Department, to be the free and voluntary act of said such party for the uses and purposes mentioned in the instrument. • err Dated.this 5" L.. day of A c4'l4,e ,1999. f• tit ;`'ca=taa,,." ��:`5,�{y w 4�w / k;/ t f n4--- " .A ( ., .P inte. Name: /7'J/ /2/. D. L(4WV . '; 1"` "'.< r„ . . NOTARY PUBLIC in and for:ithe State=oFWashi r'lr't _ By: Name Printed: Tillf'oth4 J. Lowe Washington State Military D DEVELOPER Approved as to form: 7L(c. Assistant Attorney Ger €ral My commission expires: 021 4.9r-11.1t,A ' v":' C:\word\city-utilities-services\engineering\armory\final\dom water reimb k 9-10.doc . AGREEMENT FOR DEVELOPER REIMBURSEMENT DOMESTIC WATER SYSTEM IMPROVEMENTS C TY OF YAK J11 1 1 Last printed 10/04/99 12:43 PM Page 5 of 5 11 1 1 714605 bf 94 Page: 10 11/30/1999 10 13A AGR $17.00 Yakima Co,, WA EXHIBIT B Properties Benefited by Subject Sewer Improvements Parcel No. Owner per Yakima County Assessor as of August 1999 Total Sq. Footage of Parcel 181201-22007 181202-11003 181202-11005 181202-12001 181202-12003 181202-12004 181202-12005 181202-12006 181202-12009 181202-13002 181202-13003 181202-14001 181202-14011 181202-21001 181202-23003 181202-31001 181202-32001 181202-32002 181202-42002 181202-42400 181202-42402 181202-42403 181202-42404 181202-42405 181202-42417 181202-42418 181203-11001 181203-14401 181203-14402 181203-14403 181203-14405 181203-14415 YAKIMA CITY YAKIMA AIR TERMINAL YAKIMA CITY RUFFIN ERMA JEAN ETAL RUFFIN VIVA YAKIMA AIR TERMINAL CATLETT HELEN VITA ET AL CATLETT HELEN V RUFFIN ERMA JEAN ETAL YAKIMA AIR TERMINAL HARTSHORN JOHN R ET UX PRINE OVID L & RUBY F MATTHEWS DEL YAKIMA AIR TERMINAL WESTWOOD WEST CORP KELLY RILEY JAMES TUCKER KATHLEEN M TUCKER KATHLEEN M KWIK LOK CORP HULL ROY C HILL DONALD L & SHIRLEY M HILL DONALD L & SHIRLEY M HILL DONALD L & SHIRLEY M CROWELL CHARLES & ROBERT BERGER MARKUS R BERGER DUANE R & CAROL A YAKIMA AIR TERMINAL GRAHAM BRUCE N & KRISTI B AMMERMAN RANDAUL E & LINDA G AMMERMAN RANDAUL E & LINDA G L1'I"1 LE JAMES & DOLORES R YAKIMA VALLEY PTNS HABITAT HUMANIT 883226 367494 518074 192926 95648 22058 78400 179503 29165 171289 1545367 327186 355817 3287149 2030528 1699875 417445 1282383 979809 39960 24976 14985 39961 19981 30017 30017 1440344 90740 130857 108999 93923 22000 181203-14416 181203-41001 181203-41005 181336-33001 181336-33002 181336-33003 181336-34011 181336-34019 INLINE STEEL FABRICATORS COPELAND MARY J ET AL BOHANNON JOHN A & PAMELA S YAKIMA CITY YAKIMA CITY YAKIMA CITY YAKIMA CITY YAKIMA CITY 134493 32875 1514942 440958 611426 3401 415003 414268 AGREEMENT FOR DEVELOPER REIMBURSEMENT SANITARY SEWER SYSTEM IMPROVEMENTS—Exhibit B 11 11 TY OF YAK MA 1 1 Last printed 10/04/99 12:44 PM Page 1 of 1 u 1 1 11111111 7146093 Page: 8 of 8 11/30/1999 10:13A GR $15,00 Yakima Co, WA EXHIBIT A Properties Benefited by Subject Sewer Improvements With Assessor's Legal Descriptions Yakima County Assessor's Yakima County Assessor's Parcel Number Leal Description 181201-22007 W 725 FT OF LOT 4 ALSO W 455 F'1 OFSW1/4 NW1/4 EX S 792.7 FT ALSO SW1/4NW1/4 EX E 615 F'"1 EX S 810 FT EX W 45511. 181202-11003 BEG AT NW COR LOT 1,SEC.2-12-18,THE TO A PT 1572.63 FT E OF SW CORSEC 36-13-18,TH S 70 D 03'E 163.62 FT,TH S 19 D 57'W 465 FT,TH N 70 D 03'WTO S LN LOT 1 TH N TO POB. 181202-11005 GOVT LOT 1, EX FOL: BEG AT NW COR SDLOT, SEC 2-12-18, TH E TO A PT 1572.631'"1 E OF SW COR SEC 36-13-18, TH S 70 D03'E 163.62 FT, TH S 19 D 57'W 465 FT,TH N 70 D 03 W TO S LN LOT 1, TH N TOPOB, AND EX RD R/W AL W LN. 181202-12001 BEG SE GOR GOV LOT 2, TH N 234 FT, TH W TO A PT 762 FT E OF W LN, TH N TO A PT 264 FT S OF N LN, TH W 337 1,1,TH S TO A PT 308 FT N OF S LN, TH W TO A PT 352 FT E OF W LN, TH S 200 FT, THETOAPI 30FTWOFELN, THS108F'1,THE30FTTO POB EX CO.ROAD. 181202-12003 ALL TH PT OF GOVT.LOT 2 LY SW'LY OFCO ROAD EX W 762 FT & EX S 443 FT. 181202-12004 ALL TH PT OF LOT 2 LY NE'LY OF NOWEXISTING CO.ROAD. 181202-12005 N 209 FT OF S 443 FT OF E 418 FT OFLOT 2. 181202-12006 BEG 102 FT E OF SW COR GOV LOT 2, TH N 308 FT, TH E 250 FT, THS200FTMORLTOAPT108FTNOFSLNOFSDSUBD.THE TOAPT30FI WOFELNGOVLOT2,THSTOSLN,THWTO POB. 181202-12009 BEG AT SE COR GOVT.LOT 2,TH N 234FT,TH W 418 FT TO TRUE POB.TH N 209F"1,TH W TO A PT 762 FT E OF W LN,THS 209 FT TH E TO TRUE POB. 181202-13002 W 102 FT OF N 981 FT OF SW1/4 NE1/4. 181202-13003 SW1/4 NE1/4 EX W 102 F1, EX S & E CO RD R/W. 181202-14001 SW1/4 SE1/4 NE1/4 EX S 212.1 FT OF E404 FT EX S & W CO RD R/ W. 181202-14011 NW1/4 SE1/4 NE1/4 EX E 100 F1 EX W CORD R/W. 181202-21001 LOTS 3 & 4 & W 102 FT OF LOT 2 ALSO BEG252 Fl S OF NW COR,TH N 252 F"l, TH E2634.1 FT,TH S 981 F"I,TH W 598 F1,TH N37711,TH W'LY 2060 FT TO BEG. 181202-23003 S1/2 NW1/4 EX BEG 252 FT S OF NW COR,TH N 252 F"1,TH E 2634.1 M/L TO NE COR SD SUBD,TH S 981 FT,TH W 598 Fl,TH N 377 FT TH NW'LY 2060 FT M/L TO POB & EX W 30 FT & S CO RD R/W, ALSO W 102 FT OF SW1/4NE1/4, EX N 981 FT EX S CO RD R/W. 181202-31001 NE1/4 SW1/4 EX ROAD. AGREEMENT FOR DEVELOPER REIMBURSEMENT Last printed 10/04/99 12:44 PM SANITARY SEWER SYSTEM IMPROVEMENTS—Exhibit A 11 11 TY OF YAKIMA 1 1 11 1 1 Page 1 of 2 II 11 11 11 7146093 Page: 7 of 8 11/30/1999 10:13A AGR $15,00 Yakima Co, WA Yakima County Assessor's Yakima County Assessor's Parcel Number Legal Description 181202-32001 E 330 FT OF NW1/4 SW1/4 EX S 25 FT& EX ROAD AL N LN. 181202-32002 W 990 FT OF NW1/4 SW1/4,ALSO S 25 FTOF E 330 Fl OF NW1/4 SW1/4 EX ROAD ALN LN. 181202-42002 NW1/4 SE1/4 EX N 393 FT & EX W 140 Fl OF E 200 FT OF S 360 FT OF N 753 FI &EX ANY PTN LY IN FOL DESC,BEG 960.74FT S OF NE COR SD SUBD,TH N 89^34'W ->516.81 FT,TH S 011'46'50 E 512.44 FT,THS 89^59'20 E 503.65 FT,TH N 18'46 W508.39 H. TO POB & EX E 60 FT CO RD R/W. 181202-42400 ASSESSOR'S PLAT N0.2 OF DETLOFFSUBD: LOT 1. 181202-42402 ASSESSOR'S PLAT N0.2 OF DETLOFFSUBD: W 15 FT OF LOT 4 ALSO LOT 3. 181202-42403 ASSESSORS PLAT N0.2 OF DETLOFFSUBD: LOT 4 EX W 15 Fl . 181202-42404 ASSESSOR'S PLAT N0.2 OF DETLOFFSUBD: LOT 5. 181202-42405 ASSESSOR'S PLAT N0.2 OF DETLOFFSUBD: LOT 6. 181202-42417 SP 93-114: LOT 1. 181202-42418 SP 93-114: LOT 2 MH>REAL 1993 VALLEY MANOR 67X27 SER#VMHI2822W31032AB TY 2000 (TITLE ELIMINATION). 181203-11001 BEG AT NE COR OF SEC,TH S 1012 FT,TH N 80 D 30'W 1437.6 FT,TH N 30 D15'W 888.8 FT TO N LN OF SEC,TH E TOBEG. 181203-14401 SP D-47: LOT A ALSO E 10 FT OF LOT 4 OF SP 85-122 EX S CO RD R/W. 181203-14402 SP 85-122 LOT 1. 181203-14403 SP 85-122 LOT 2. 181203-14405 SP 85-122: LOT 4 EX E 10 F'1 EX S CO RD R/W. 181203-14415 SP 95-83: LOT 1. 181203-14416 SP 95-83: LOT 2. 181203-41001 E 25 FT OF NE1/4 SE1/4 ALSO N 25 FT OFE 25 FT OF SE1/4 SE1/4. 181203-41005 E1/2 NE1/4 SE1/4 EX E 25 FT & EX N 259FT OF W 180 FT & EX S 500.69 FT OFN1153.25FTOFW174FTOFE199F"1,&EXN30FT CO RD R/W, ALSO E1/2 GOV ->LOT 8 EX N 25 FT OF E 25 FT. 181336-33001 BEG 887.36 F1 N OF SW COR BLK. 42,TH S70 D 03'E 677.46 FT M OR L TO E LN BLK42,TH S 670.78 FT M OR L TO S LN,TH WTO W LN,TH N TO POB. 181336-33002 TH PT OF BLK. 41 LY S OF A LN BEG887.36 FT N OF SE COR,TH N 51 D 03'W592.94 FT,TH NW'LY AL A CURVE 285.56FT,TO W LN OF BLK. 41 EX TH PT LYSW'LY OF CO.RD.& EX S 20 FT OF E 230FT,ALSO PT OF VAC 16TH AVE. 181336-33003 S 20 F1 OF E 230 Fl OF LOT 41. 181336-34011 S 650.78 FT OF BLK. 43. 181336-34019 S 632.5 FT OF LOT 44 PLAT OF SEC 36. AGREEMENT FOR DEVELOPER REIMBURSEMENT Last printed 10/04/99 12:44 PM SANITARY SEWER SYSTEM IMPROVEMENTS -Exhibit A 11 11 1 1 11 CITY OF YAK MA 1 1 u 1 1 Page 2 of 2 II 111 1 11 7146093 Rage: 8 of 8 11/30/1899 10:13A AGR $15.00 Yakima Co, 0A WHEN RECORDED RETURN TO: Name City Clerk, City of Yakima Address 129 North Second Street City, State, Zip Yakima W A 98901 AGREEMENT FOR DEVELOPER REIMBURSEMENT FOR AND CONVEYANCE TO THE CITY OF YAKIMA OF DOMESTIC WATER SYSTEM IMPROVEMENTS PARTY 1 (City): City of Yakima, Washington, a state of Washington municipal corporation PARTY 2 (Developer): Washington Military Department, a department of the state of Washington LEGAL DESCRIPTION (abbreviated): Portions of: the NE, NW, SE and SW 1s, Section 2, Township 12 North, Range 18, E.W.M.; the NE, NW, SE and SW 1/4s, Section 3, Township 12 North, Range 18, E.W.M.; the SE 1/4, Section 35, Township 13 North, Range 18, E.W.M.; the SW 1/4, Section 36, Township 13 North, Range 18, E.W.M. Assessor's Tax Parcel I.D. #'s: 181202-11003 181202-14001 181202-42403 181203-14403 181335-31001 181202-11005 181202-14011 181202-42404 181203-14405 181336-32005 181202-12001 181202-21001 181202-42405 181203-14411 181336-32010 181202-12003 181202-23003 181202-42417 181203-14415 181336-33001 181202-12004 181202-31001 181202-42418 181203-14416 181336-33002 181202-12005 181202-32001 181203-11001 181203-41001 181336-33003 181202-12006 181202-32002 181203-13001 181203-41003 181336-33004 181202-12009 181202-42002 181203-14004 181203-41004 181202-13002 181202-42400 181203-14401 181203-41005 181202-13003 181202-42402 181203-14402 181203-42001 THIS AGREEMENT is made and entered into this 6t4' day of /\joilentb,' ,1999, by and between the CITY OF YAKIMA, a state of Washington municipal corporation located in Yakima County, Washington, hereinafter referred to as the "CITY," and the Washington State Military Department, a department of the state of Washington, hereinafter referred to as the "DEVELOPER." RECITALS WHEREAS, the Developer has, in reliance on potential reimbursement pursuant to RCW 35.91.020, installed certain water lines and appurtenances at, near, or within property described below, and has connected those improvements to the City's domestic water utility system so that those improvements constitute an integral part thereof; and AGREEMENT FOR DEVELOPER REIMBURSEMENT Last printed 10/04/99 12:43 PM DOMESTIC WATER SYSTEM IMPROVEMENTS Page 1 of 5 1 ITY OF YAKIMA 1 11 1 1 II 11 1 1 11 7146094 Page: 1 of 1G 11/30/1999 10:13A AGR $17,00 Yakima Co, WA WHEREAS, the Developer has paid all the costs and expenses for the installation of said improvements; and WHEREAS, the improvements installed by the Developer provide substantial domestic water capacity in excess of the capacity which the Developer will use; 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 welfare; AGREEMENT NOW, THEREFORE, in consideration of the premises recited above and the mutual covenants, promises, and agreements set forth herein, the City and the Developer agree as follows: 1. 'Developer's Property. The Developer represents that it is the lessee of the following - described property, hereinafter referred to as the "Developer's Property,": That portion of the Northwest quarter of Section 2, Township 12 North, Range 18 East, W.M. described as follows: Beginning at the Southwest corner of said subdivision; thence North 0°37'25" East, along the West line thereof, 1212.77 feet to the True Point of Beginning; thence continuing North 0°37'25" East 340.15 feet; thence North 89°22'35" East 1044.84 feet; thence South 0°37'25" West 513.47 feet to a point bearing South 79°57'28" East from the True Point of Beginning; thence North 79°57'28" West 1059.12 feet to the True Point of Beginning. EXCEPT the West 30 feet thereof. Being a portion of Yakima County Assessor's Parcel No. 181202-21001. 2. Subject Domestic Water System Improvements. The following described domestic water utility system improvements, hereinafter referred to as the "Subject Domestic Water System Improvements," were constructed and installed by the Developer to supply domestic water for improvements on Developer's Property: Description of water utility system improvements: A domestic water main including sixteen (16) inch, twelve (12) inch, and eight (8) inch pipe with fittings and valves; fire hydrants; service stubs; asphalt street repair; a PRV and vault; and related appurtenances along a route generally described as extending from the existing water main on West Washington Avenue at a point approximately 800 feet West of South 16th Avenue; thence Southerly and Southeasterly across the Yakima Air Terminal property approximately 2980 feet to South 16th Avenue; thence Southerly, along South 16th Avenue approximately 1553 feet; thence Westerly approximately 1237 feet; thence Southerly approximately 688 feet to Ahtanum Road; thence Westerly, along Ahtanum Road approximately 4709 feet at which point the new water main joins a new Nob Hill Water Association water main, which extends an additional 2081 feet west to join an existing Nob Hill Water Association water main; at the intersection of Ahtanum Road and South 26th Avenue, the water main branches north and extends Northerly along South 26th Avenue approximately 1454 feet; at the intersection of South 26th Avenue and Airport Lane the water main branches east and extends Easterly along Airport Lane approximately 718 feet. AGREEMENT FOR DEVELOPER REIMBURSEMENT Last printed 10/04/99 12:43 PM DOMESTIC WATER SYSTEM IMPROVEMENTS Page 2 of 5 1 TY OF YAKI A 1 u 1 1 II 11 1 1 11 7146094 Page. 2 of 10 11/30/1999 10:13A AGR $ 7.00 Yakima Co, WA 3. Compliance with Applicable Codes/Regulations. The Developer represents that the Subject Domestic Water System Improvements comply with all applicable codes and regulations. The Developer acknowledges that the Subject Domestic Water System Improvements and all facilities operated now or in the future by the Developer pursuant to this Agreement are subject to all City codes, ordinances, and regulations regarding domestic water facilities in general, as now or hereafter adopted. 4. Cost of Construction of Subject Domestic Water System Improvements. The Developer declares and the City acknowledges that the total cost of construction of the Subject Domestic Water System Improvements is $1,060,302.00. 5. Payment of Labor/Material Expenses. The Developer represents that all expenses incurred and claims made in connection with the construction and installation of the Subject Domestic Water System Improvements, whether for labor, materials, or any other matter, have been or will be paid in full, all at the Developer's expense. Developer shall be solely responsible for any and all liability in connection with any expenses incurred or contract claims made in connection with construction and installation of the Subject Domestic Water System Improvements. 6. Reimbursement of Developer's Costs Pursuant to RCW 35.91.020. The City shall pay the Developer reimbursement for part of its costs of constructing the Subject Domestic Water System Improvements as follows: A. Dollar Limit of Reimbursement. In no event shall the City be obligated to reimburse the Developer more than $909,239.89 under this agreement. B. Period of Reimbursement. The City's obligation to pay reimbursement shall exist no longer than exactly fifteen (15) years after this Agreement is recorded pursuant to Section 10 below. Upon expiration of the fifteen (15) year reimbursement period, the City shall be under no further obligation to make any further reimbursement payments to the Developer for said improvements. C. Designation of Benefited Area and Direct and Indirect Benefit Areas. Those parcels of real property any portion of which lies within five hundred (500) feet of the Subject Domestic Water System Improvements are benefited by those improvements and accordingly are collectively designated as the "Benefited Area" and are made subject to reimbursement charges pursuant to state law and this Agreement. Properties within the Benefited Area are designated "Benefited Properties." Those properties or portions thereof which lie within two hundred (200) feet of the Subject Domestic Water System Improvements and have direct access to or frontage along said improvements are further designated as "Direct Benefit Area." Those properties or portions thereof within the Benefited Area beyond two hundred (200) feet from the Subject Domestic Water System Improvements are designated as "Indirect Benefit Area." D. Reimbursement Charges Required. No person, firm, corporation, or other entity which did not contribute to the original costs of the Subject Domestic Water System Improvements, and which requests to connect any improvement on Benefited Property to the Subject Domestic Water System Improvements shall be granted a permit or be authorized to tap into the Subject Domestic Water System Improvements or connect any improvement in the Benefited Area to the Subject Domestic Water System Improvements, 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 following charges for reimbursement of the Developer's costs. AGREEMENT FOR DEVELOPER REIMBURSEMENT Last printed 10/04/99 12:43 PM DOMESTIC WATER SYSTEM IMPROVEMENTS Page 3 of 5 11 11 1 1 11 TY OF YAKIMA 1 1 1 1 1 1 011 7146094 Page: 3 of 18 11/30/1989 18:13A AGR $ 7.88 Yakima Co, WA 1. The "Direct Benefit" area pro -rata cost is $0.16380889 per square foot. 2. The "Indirect Benefit" area pro -rata cost is $0.02378153 per square foot. Attached to this Agreement as Exhibit A, which is incorporated as part of this Agreement, is a list of properties directly and/or indirectly benefited by the Subject Domestic Water System Improvements, identified by Yakima County Assessor's parcel numbers and by legal descriptions as published by the Yakima County Assessor's Office in August 1999. Attached to this Agreement as Exhibit B, which is incorporated as part of this Agreement, is a list of properties directly and/or indirectly benefited by the Subject Domestic Water System Improvements together with the typical direct or indirect benefit reimbursement assessments established by this Agreement, based on the pertinent information on hand at the time this Agreement is established. Exhibits A and B reflect information published by the Yakima County Assessor's Office in August 1999. Exhibit B illustrates application of the agreed reimbursement assessment rates to determine reimbursement assessment obligations establish by this Agreement as of the time it is established. However, for any Benefited Property, actual parcel number and/or parcel area may differ from Exhibit B because property transfers, boundary line adjustments, parcel mergers, or other pertinent matters may change during the term of this Agreement. Consequently, parcel numbers, actual parcel area, and other pertinent facts regarding any Benefited Property, and actual reimbursement assessment shall be determined by the City Engineer at the time of a request for connection of an improvement to the City's Domestic Water System. E. Reimbursement to be Paid to Developer. The City shall pay as reimbursement to the Developer the reimbursement charges collected pursuant to this agreement within thirty (30) days after such charge is collected by the City. F. City Engineer's Determination Final. Subject to the provisions of this agreement, and the City's duty to act in good faith to satisfy its obligations under this agreement, the reimbursement charges payable to the City pursuant to this Agreement in respect of any property within the Benefited Area shall be determined exclusively in the sole discretion of the City Engineer or his/her designee and shall be final and conclusive in all respects. G. In the event the Subject Domestic Water System Improvements described herein are, during the term of this Agreement, determined by the City Engineer to be rendered useless by the redesign or reconstruction of a portion of the City's water system facilities, then the City's collection and reimbursement obligations pursuant to this Agreement shall cease. Subject to the provisions of this agreement, and the City's duty to act in good faith to satisfy its obligations under this agreement, such determination of uselessness shall be exclusively in the sole discretion of the City Engineer and shall be final and conclusive in all respects. 7. Conveyance of Improvements to City. After inspection and approval of the Subject Domestic Water System Improvements by the City Engineer, and acceptance by the City Council of the City, the improvements shall be part of the City domestic water system. The Developer agrees to convey, transfer and assign to the City all Developer's right, interest, and title in and to the Subject Domestic Water System Improvements and all appurtenances and accessories thereto, free from any and all claims or encumbrances of any party whomsoever. Developer will deliver to the City any and all documents including 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 AGREEMENT FOR DEVELOPER REIMBURSEMENT Last printed 10/04/99 12:43 PM DOMESTIC WATER SYSTEM IMPROVEMENTS Page 4 of 5 11 011 'AK MA 1 1 1 1 1 1 1 1 II 7146094 Page: 4 of 10 11/38/1999 10.13A AGR $ 7.00 Yakima Co, WA other charges that are or may be imposed by ordinance of the City upon like users of the same class. 8. Guarantee. The Developer guarantees workmanship and materials of the Subject Domestic Water System Improvements until November 30, 1999. The Developer further warrants that said improvements are fit for use as part of the City domestic water system. Developer shall be solely responsible for any and all liability claimed by a third party due to negligence or faulty materials. 9. 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 the Subject Domestic Water System Improvements and to allow service connections to be made to said extensions or additions, without creating additional reimbursement obligations to the Developer on the part of the City. 10. Recordation. This Agreement shall be recorded by the City Clerk with the Auditor of Yakima County. Dated this 30th day of November1999. CITY OF YAKIMA, WASHINGTON A Municipal Corporation City Clerk Resolution No. R-99-112 City Contract No. 99-95 State of Washington ) ) ss: County of Yakima DEVELOPER By:. Name Printed: Ti oth J. Lowe . er Washington State Military D Approved as to form: A artme t Assistant Attorney Geral I certify that I know or have satisfactory evidence thatTiovA- �� /1-0to Y v\ k .1 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 A UU€ 'i(( - 6-oic tt-': i of the Washington State Military Department, to be the free and voluntary act of said such party for the uses and purposes mentioned in the instrument. '-1--1-2/4/./ Pfinted Name: /)//-71/, a 13 ('G c� NOTARY PUBLIC in and for the State or�Washirig'ton, residing at % hi `>`f r_ ` ��,c •di)/` My commission expires: r G/ � l C.\ word \city-utilities-services\engineering \ armory \ final \dom water reimb k 9-10.doc Dated this'.( L. day of Pcic43i '',1999. AGREEMENT FOR DEVELOPER REIMBURSEMENT Last printed 10/04/99 12:43 PM Page 5 of 5 DOMESTIC WATER SYSTEM IMPROVEMENTS TY OF YAK MA 1 1 11 1 1 11 1111 II 7146094 Page: 5 of 10 11/30/1999 1013A AGR $17.00 Yakima Co, WA EXHIBIT A Properties Directly and/or Indirectly Benefited by Subject Domestic Water System Improvements with Assessor's Legal Descriptions Yakima County Assessor's Yakima County Assessor's Legal Description Parcel Number 181202-11003 BEG AT NW COR LOT 1,SEC.2-12-18,THE TO A PT 1572.63 FT E OF SW CORSEC 36-13-18,TH S 70 D 03'E 163.62 FT,TH S 19 D 57'W 465 FT,TH N 70 D 03'WTO S LN LOT 1 TH N TO POB. 181202-11005 GOVT LOT 1, EX FOL: BEG AT NW COR SDLOT, SEC 2-12-18, TH E TO A PT 1572.63FT E OF SW COR SEC 36-13-18, TH S 70 D03'E 163.62 FT, TH S 19 D 57'W 465 F1,TH N 70 D 03 W TO S LN LOT 1, TH N TOPOB, AND EX RD R/W AL W LN. 181202-12001 BEG SE COR GOV LOT 2, TH N 234 E. I, TH W TO A PT 762 FT E OF WLN, THNTOAPT264FTSOFNLN, THW337F"I,THSTOA PT308FTNOFSLN,THWTOAPT352FTEOFWLN,THS200 FT, TH E TO A PT 30FT W OF E LN, TH S 108 FT, TH E 30 FT TO POB EX CO.ROAD. 181202-12003 ALL TH PT OF GOVT.LOT 2 LY SW'LY OFCO ROAD EX W 762 FT & EX S 443 FT. 181202-12004 ALL TH PT OF LOT 2 LY NE'LY OF NOWEXISTING CO.ROAD. 181202-12005 N 209 FT OF S 443 FT OF E 418 F'I OFLOT 2. 181202-12006 BEG 102 FT E OF SW COR GOV LOT 2, TH N 308 FT, TH E 250 FT, THS200FTMORLTOAPT108FTNOFSLNOFSDSUBD.THE TOAPT 30F1 WOFELNGOVLOT2,THSTOSLN,THWTO POB. 181202-12009 BEG AT SE COR GOVT.LOT 2,TH N 234FT,TH W 418 FT TO TRUE POB.TH N 209FT,TH W TO A PT 762 FT E OF W LN,THS 209 FT TH E TO TRUE POB. 181202-13002 W 102 FT OF N 981 FT OF SW1/4 NE1/4. 181202-13003 SW1/4 NE1/4 EX W 102 F"1, EX S & E CO RD R/W. 181202-14001 SW1/4 SE1/4 NE1/4 EX S 212.1 FT OF E404 FT EX S & W CO RD R/W. 181202-14011 NW1/4 SE1/4 NE1/4 EX E 100 F"I EX W CORD R/W. 181202-21001 LOTS 3 & 4 & W 102 FT OF LOT 2 ALSO BEG252 F1 S OF NW COR,TH N 252 FT, TH E2634.1 FT,TH S 981 F"1,TH W 598 F1,TH N377 FI,TH W'LY 2060 FT TO BEG. 181202-23003 S1/2 NW1/4 EX BEG 252 FT S OF NW COR,TH N 252 F1,TH E 2634.1 M/L TO NE COR SD SUBD,TH S 981 FT,TH W 598 FT,TH N 377141 TH NW'LY 2060 FT M/L TO POB & EX W 30 FT & S CO RD R/W, ALSO W 102 FT OF SW1/4NE1/4, EX N 981 FT EX S CO RD R/W. 181202-31001 NE1/4 SW1/4 EX ROAD. AGREEMENT FOR DEVELOPER REIMBURSEMENT Last printed 10/04/99 12:45 PM DOMESTIC WATER SYSTEM IMPROVEMENTS—Exhibit A Page 1 of 3 11 11 ITY OF YAKIMA 1 1 11 1 1 II 11 7146094 Page, 6 of 1G 11130x'1999 10:13A AGR $17,00 Yakima Co, WA Yakima County Assessor's Yakima County Assessor's Parcel Number Legal Description 181202-32001 E 330 FT OF NW1/4 SW1/4 EX S 25 FT& EX ROAD AL N LN. 181202-32002 W 990 FT OF NW1/4 SW1/4,ALSO S 25 FTOF E 330 F"I OF NW1/4 SW1/4 EX ROAD ALN LN. 181202-42002 NW1/4 SE1/4 EX N 393 FT & EX W 140 FTOF E 200 FT OF S 360 FT OF N 753 FI &EX ANY PTN LY IN FOL DESC,BEG 960.74F1 S OF NE COR SD SUBD,TH N 891\34'W ->516.81 FT,TH S 011\46'50 E 512.44 FT,THS 89^59120 E 503.65 FT,TH N 18'46 W508.39 Fl TO POB & EX E 60 FT CO RD R/W. 181202-42400 ASSESSOR'S PLAT N0.2 OF DETLOFFSUBD: LOT 1. 181202-42402 ASSESSOR'S PLAT N0.2 OF DETLOFFSUBD: W 15 F OF LOT 4 ALSO LOT 3. 181202-42403 ASSESSOR'S PLAT NO.2 OF DETLOFFSUBD: LOT 4 EX W 15 1-1. 181202-42404 ASSESSOR'S PLAT N0.2 OF DETLOFFSUBD: LOT 5. 181202-42405 ASSESSOR'S PLAT N0.2 OF DETLOFFSUBD: LOT 6. 181202-42417 SP 93-114: LOT 1. 181202-42418 SP 93-114: LOT 2 MH>REAL 1993 VALLEY MANOR 67X27 SER#VMHI2822W31032AB TY 2000 (TITLE ELIMINATION). 181203-11001 BEG AT NE COR OF SEC,TH S 1012 FT,TH N 80 D 30'W 1437.6 FT,TH N 30 D15'W 888.8 FT TO N LN OF SEC,TH E TOBEG. 181203-13001 BEG 1046.6 F1 E OF NW COR GOV LOT 3,TH S2081 FT,TH E 1628.38 FT TO E LN SW1/4NE1/4,TH N 2081 FT,TH W TO BEG EX BEG2927.2 FT E OF NW COR GOV LOT 3,TH S 835FT,TH N 801\30'W 344.6 FT,TH N 301\151W888.8 FT,TH E TO BEG EX BEG S 89^48'24"E99.2 FT E OF SE COR 181334- TH S 891\48'24"W 356.92 FT,TH S 35151"W 889.1 FT TOCEN LN BACHELOR CR,TH NE'LY AL CEN LN762.9 FI,TH N 30^04'26"W 630.1 FT TO BEG. 181203-14004 SE1/4 NE1/4 EX TH PT LY E OF FOL DESCLN BEG S 89^59'05 W 1085.26 FT OF SECOR SD SUB,TH N 12'15 E TO N LN SD SUB& END OF SD LN EX TH PT LY N OF FOL ->DESC LN BEG S 0^16'E 1012 FT OF NE CORNE1/4,TH N 801\30'W TO W LN SD SUB &END OF SD LN EX S 30 FT CO RD R/W. 181203-14401 SP D-47: LOT A ALSO E 10 FT OF LOT 4 OF SP 85-122 EX S CO RD R/W. 181203-14402 SP 85-122 LOT 1. 181203-14403 SP 85-122 LOT 2. 181203-14405 SP 85-122: LOT 4 EX E 10 FT EX S CO RD R/W. 181203-14411 SP 86-4: LOT 1. 181203-14415 SP 95-83: LOT 1. 181203-14416 SP 95-83: LOT 2. 181203-41001 E 25 FT OF NE1/4 SE1/4 ALSO N 25 FT OFE 25 FT OF SE1/4 SE1/4. AGREEMENT FOR DEVELOPER REIMBURSEMENT Last printed 10/04/99 12:45 PM DOMESTIC WATER SYSTEM IMPROVEMENTS -Exhibit A Page 2 of 3 1 TY OF YAK MA 1 11 1 1 II 11 11 11 7146094 Page, ? of 10 11/30/1999 10,13A AGR $17.00 Yakima Co, WA Yakima County Assessor's Yakima County Assessor's Parcel Number Legal Description 181203-41003 N 259 FT OF W 180 FT OF E1/2 NE1/4SE1/4 EX ROAD ON NORTH. 181203-41004 W1/2 NE1/4 SE1/4 & TH PT OF E1/2 NW1/4SE1/4 LY E OF FOL DESC LN: BEG 1364.9FT W OF E1/4 COR,TH S 00^35'E 1320.07FT & END OF SD LN. 181203-41005 E1/2 NE1/4 SE1/4 EX E 25 FT & EX N 259FT OF W 180 FT & EX S 500.69 FT OF N1153.25 F'I OF W 174 FT OF E 199 FT, &EX N 30 FT CO RD R/W, ALSO E1/2 GOV ->LOT 8 EX N 25 FT OF E 25 FT. 181203-42001 N1/2 SE1/4 EX TH PT LY E OF FOL DESCLN BEG 1364.9 FT W OF NE COR,TH S 00^35'E 1320.7 FT & END OF SD LN. 181335-31001 ALL S1/2 OF SEC.EX N 627 FT OF W 45.3FT OF NW1/4 SW1/4 & EX S 400 FT OFSE1/4 SE1/4 SE1/4 & EX BEG AT NE COROF W1/2 SE1/4 SW1/4,TH S 87 F1,THSW'LY TO PT 9511 N OF SW COR OF SEC,TH N TO NW COR OF SW1/4 SW1/4,TH E TOBEG.INCL.N 93 FT OF S 493 FT OF E 30FT OF SE1/4 SE1/4 ALSO PT OF VAC.16TH AVE. 181336-32005 BLK. 42 EX BEG 887.36 FT N OF SW COR,TH S 70 D 03'E 677.46 FT M OR L TO ELN BLK. 42,TH S 670.78 FT M OR L TO SLN,TH W TO W LN,TH N TO PT OF BEG. 181336-32010 TH PT TR 41 BEG SW COR SEC 36,TH N1581.17 FT,TH S 85 D 31'15 E 230 FI,THS 29 D 58'30 E 300.38 FT TO TRUE POB,TH N 21 D 12'E TO CEN LN WIDE HOLLOWCR TH E'LY AL SD LN TO E LN TR 41,TH SAL SD LN TO CEN LN S 16TH AVE,TH NE'LYAL SD CEN LN TO LN BEARING S 21 D 12'WOF POB,TH N 21 D 12'E 170 FT TO TRUEPOB,EX RD R/ W. 181336-33001 BEG 887.36 F1 N OF SW COR BLK. 42,TH S70 D 03'E 677.4611 M OR L TO E LN BLK42,TH S 670.78 FT M OR L TO S LN,TH WTO W LN,TH N TO POB. 181336-33002 TH PT OF BLK. 41 LY S OF A LN BEG887.36 FT N OF SE COR,TH N 51 D 03'W592.94 FT,TH NW'LY AL A CURVE 285.56FT,TO W LN OF BLK. 41 EX TH PT LYSW'LY OF CO.RD.& EX S 20 FT OF E 230FT,ALSO PT OF VAC 16TH AVE. 181336-33003 S 20 FI OF E 230 FT OF LOT 41. 181336-33004 TH PT LY W'LY OF CO.RD. BLK. 41FISH HATCHERY- PRODUCI ION FACILITY. AGREEMENT FOR DEVELOPER REIMBURSEMENT Last printed 10/04/99 12:45 PM DOMESTIC WATER SYSTEM IMPROVEMENTS—Exhibit A Page 3 of 3 11 11 11 11 TY OF YAKIMA 1 1 11 1 1 111 1 11 76094 Pa14ge: 8609 10 11/30/1999 10:13A AGR $17,00 Yakima Co, WA EXHIBIT B Properties Benefited by Subject Domestic Water System Improvements Reimbursement Rates: Direct Benefit Area -$0.16380889 per sq. ft. Indirect Benefit Area -$0.02378153 per sq. ft. Owner per Yakima CountyDirect Direct Indirect Indirect Assessor as of August 1999 Benefit Area Benefit Benefit Area Benefit Total s.. ft. Assessment s. ft. Assessment Assessment Parcel No. 18120241003 YAKIMA AIR TERMINAL 181202-11005 CITY OF YAKIMA 181202-12001 RUFFIN ERMA JEAN ET AL 181202-12003 RUFFIN VIVA 18120242004 YAKIMA AIR TERMINAL 181202-12005 CATLETT HELEN VITA ET AL 181202-12006 CATLETT HELEN V 181202-12009 RUFFIN ERMA JEAN ET AL 181202-13002 YAKIMA AIR TERMINAL 181202-13003 HARTSHORN JOHN R ET UX 181202-14001 PRIME OVID L & RUBY F 181202-14011 MATHEWS DEL 181202-21001 YAKIMA AIR TERMINAL EAST 181202-21001 YAKIMA AIR TERMINAL 181202-2300 181202-3100 181202-3200 181202-3200 181202-42002 181202-42400 181202-42402--- 181202-42403 181202-42404 181202-42405 18120--- 2 7 18120 22 14418120 144 88 181203-11001 011 01 181203-13001 181203-14004 181203-14401 181203-14402 181203-14403 18120--- 3=14405 181203-14411 181203-14415 WEST 3 WESTWOOD WEST CORP 1 KELLY RILEY JAMES 1 TUCKER KATHLEEN M 2 TUCKER KATHLEEN M KWIK LOK CORP HULL ROY C HILL DONALD L &SHIRLEY M HILL DONALD L & SHIRLEY M HILL DONALD L & SHIRLEY M CROWELL CHARLES & ROBERT BERGER MARKUS R BERGER DUANE R & CAROL A YAKIMA AIR TERMINAL STEER STEVEN T DECOTO WILLIS A & JULIA S GRAHAM BRUCE N & KRISTI B AMMERMAN RANDAUL E & LINDA G AMMERMAN RANDAUL E & LINDA G LITTLE JAMES & DOLORES R OHANNON RUSSELL E ET UX YAKIMA VALLEY PINS HABITAT HUMANIT 27,371 $4,483.61 78,897 $12,924.03 23,690 11,064 22,056 34,639 20,306 0 51,484 $8,433.54 637,063 $104,356.58 28,084 $4,600.41 105,614 $17,300.51 61,760 $10,116.84 $3,880.63 $1,812.38 $3,612.97 $5,674.18 $3,326.30 77,205 $1,836.05 $6,319.66 130,960 $3,114.43 $16,038.46 37,803 $899.01 $4,779.64 72,960 $1,735.10 $3,547.48 $3,612.97 $1,040.70 $6,714.88 $770.59 $4,096.89 $452.02 0 43,761 32,403 19,007 30,600 $452.02 $727.71 $9,161.25 691,561 $16,446.38 $120,802.96 189,142 $4,498.09 $9,098.50 204,411 $4,861.21 $22,161.72 298,027 $7,087.54 $17,204.38 Developer's Subject Parcel 702,809 $115,126.36 1,001,676 $23,821.39 5 209,812 $34,369.07 395,654 $13,7 52,470 $9,409.26 $433,777.778.333 $8,595.05 99,003 $2,354.44 $10,949.49 162,465 $26,613.21 $7,258.29 $33,871.50 305,207 72,736 20,882 24,976 14,985 39,961 0 $1,729.77 $1,729.77 19,079 $3,125.31 $496.61 $3,621.92 0 $593.97 $593.97 0 0 $356.37 $356.37 $950.33 $950.33 0 0 0 116,459 $19,077.02 245,102 $40,149.89 38.441 $6,296.98 74,361 $12,180.99 38,205 $6,258.32 12,395 $294.77 $294.77 30,017 $713.85 $713.85 30,018 $713.87 $713.87 309,183 $7,352.84 $26,429.86 489,616 $11,643.82 $51,793.71 76,481 $1,818.84 $8,115.82 16,379 $389.52 $12,570.51 77,350 $1,839.50 $8,097.82 36,256 $5,939.06 61,800 $1,469.70 $7,408.76 41,297 $6,764.82 52,626 $1,251.53 $8,016.35 81,264 $13,311.77 157,385 $3,742.86 $17,054.63 17,600 $2,883.04 4,400 $104.64 $2,987.68 AGREEMENT FOR DEVELOPER REIMBURSEMENT DOMESTIC WATER SYSTEM IMPROVEMENTS -Exhibit B 11 1111 11 TY OF 'AKIMA 1 1 11 1 1 7146094 Page: 9 of 10 11/30/1999 10:13A Yakima Co, WA Last printed 10/04/9912:44 PM Page 1 of 2 Parcel No. 181203-1441 181203-4100 181203-4100 1812034100 181203-410 Owner per Yakima County Assessor as of August 1999 6 INLINE STEEL FABRICATORS 1 COPELAND MARY J ET AL 3 WOOLEM ALVIN 4 WEST PATRIOT DEVELOPMENT 05 BOHANNON JOHN A & PAMELA S AHTANUM LAND VENTURES 181203-42001 181335-31001 181336-32005 181336-32010 181336-33001 181336-33002 181336-33003 181336-33004 LLC CITY OF YAKIMA WONG TOM ETAL % JACK WONG LINDEMAN ANNE CITY OF YAKIMA CITY OF YAKIMA CITY OF YAKIMA WASHINGTON STATE DEPT OF GAME TOTALS Direct Direct Indirect Benefit Area Benefit Benefit Area Indirect s.. ft. AssessmentBenefit Total s. ft. Assessment Assessment 34,454 $5,643.874,632 89,858 $2,136.96 $7,780.83 33,670 $758.76 7,501 $178.39 $937.15 $5,515.45 7,556 $179.69 $5,695.14 131,113 $21,477.47 209,350 $4,978.66 $26,456.13 86,553 $14,178.15 186,405 $4,433.00 $18,611.15 138,004 $22,606.28 217,587 $5,174.55 $27,780.83 646,712 $105,937.17 902,388 $21,460.17 $127,397.34 0 146,626 $3,486.99 $3,486.99 45,247 $7,411.86 88644 30,888 $5,059.73 245,288 $2,108.09 $9,519.95 $5,833.32$10,893.05 371,564 $60,865.49 238 $5,680.41 $66 85890 3,401 $557.11 6,545.90 0 0 $557.11 24,828 $590.45 $590.45 4,463,886 $731,224.21 7,485,459 $178,015.68 $909,239.89 AGREEMENT FOR DEVELOPER REIMBURSEMENT DOMESTIC WATER SYSTEM IMPROVEMENTS—Exhibit B 11 11 11 TY OF YAKIMA 1 1 11 1 1 7146094 Page: 10 of 10 11/30/1999 10:13A GR $ ?.00 Yakima Co, WA Last printed 10/04/99 12:44 PM Page 2 of 2 BUSINESS OF THE CITY COUNCIL YAKIMA. WASHINGTON AGENDA STATEMENT Item No. 114 For Meeting of: August 17, 1999 ITEM TITLE: A resolution authorizing the City Manager to execute agreements for developer reimbursement with to be paid to the Washington Military Department for domestic water and sewer improvements. SUBMITTED BY: Bill Cook, Director of Community and Economic Development CONTACT: Lawrence A. Peterson, Assistant City Attorney (565-6030) SUMMARY EXPLANATION: The Washington Military Department has constructed substantial water and sewer system improvement in the vicinity of the planned new armory at the airport. The proposed resolution would authorize the City Manager to execute agreements for developer reimbursement . to be paid to the Washington Military Department for domestic water and sewer improvements. Note: The attached agreements are working drafts, because the State Department of General Administration, on behalf of the Washington Military Department, has indicated it is still reviewing the proposed drafts, and wishes to consult with the Military Department. If review is concluded by Monday morning, any changes will be noted and provided to the City Council on Monday, August 16. If that review is not concluded timely, this matter should be held over until the first meeting in September. Resolution X Ordinance Contract Other (Specify) Funding Source: APPROVED FOR SUBMITTAL: l'Z;;;);. �C'Manager STAFF RECOMMENDATION: Adopt the proposed resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: