HomeMy WebLinkAboutR-1999-120 Sewer Utility System Reimbursement AgreementRESOLUTION NO. R-99-120
A RESOLUTION authorizing and directing 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 Gary
Gefre and Ron Zaremba.
WHEREAS, Gary Gefre and Ron Zaremba 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
WHEREAS, Gary Gefre and Ron Zaremba paid all the costs and expenses for
installation of said improvements; and
WHEREAS, the City and Gary Gefre and Ron Zaremba 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 Sewer Utility System
Reimbursement Agreement and Conveyance with Gary Gefre and Ron Zaremba
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 Gary Gefre and Ron Zaremba.
ADOPTED BY THE CITY COUNCIL this 7th day of September, 1999.
ATTEST:
G
City Clerk
John Puccinelli, Mayor
\\Lwatkins\cc shared\File-Sharing\KAREN-FOLDER\E-MAIL ENCLOSURES\res Gefre & Zaremba sewer
reimb.doc Last printed 09/02/99 2:35 PM
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title:
Grantor:
Grantee:
Legal Description:
Parcel Number:
Sewer Utility System Reimbursement Agreement and Conveyance
The City of Yakima
Gary Gefre and Ron Zaremba
See Exhibit -A .<.,37 LeuJ/5 :,44 -Ks
181323-11411,181323-11508,181323-11521,181323-12007,
181323-12008
Page 1 of 1
11 11 11
TY OF YAKIMA
1
1
1
1
11
7135591
Page: 1 of 8
09/14/1999 09:48A
AGR $15.00 Yakima Co, WA
SEWER UTILITY SYSTEM
REIMBURSEMENT AGREEMENT AND CONVEYANCE
THIS AGREEMENT made and entered into this 944— day of ,
19 rt, by and between the CITY OF YAKIMA, a municipal corporation located in
Yakima County, Washington, hereinafter referred to as "CITY" and Gary Gefre
and Ron Zaremba, 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;
Eng. & Util.
Engr. AA-Gefre/Zaremba
11 11 11
CITY OF YAK MA
1
1
1
1
11
II 11 1 1 11 7135591
Page: 2 of 8
09/14/1999 89:480
ACR $ 5.00 Yakima Co, WA
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 Parcel 181323-12008 owned by Gefre
Yakima County Parcel 181323-12007 owned by Zaremba
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 and appurtenances
beginning at the existing main on McKinley Avenue
extending north approximately 253 feet on North 20th
Avenue.
The Developer certifies that the total cost of said improvement construction
is $20,736.60.
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.
Eng. & Util.
Engr. AA-Gefre/Zaremba
11 11 11
TY OF YAK MA
1
1
1
1
11
II 1111 II 7135591
Rage, 3 of 8
09/14/1999 09:48A
AGR $ 5.00 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 per parcel is
$4,147.32; provided that in no event shall the Developer be reimbursed for any
amount greater than $12,441.96.
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
Eng. & Util.
Engr. AA-Gefre/Zaremba
II II I I II
ITY OF YAK MA
1
1
1
1
11
II 7135591
Page: 4 of 8
09/14/1999 09:48A
ACR $ 5.00 Yakima Co, WA
appurtenances and accessories thereto, free from any and all claims and
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 by 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.
Eng. & Util.
Engr. AA-Gefre/Zaremba
7135591
09/14/185 99 8998:489
CITY OF YAKIMA AGR $15,00 Yakima Co
DATED THIS
DAY OF , 19
CITY OF YAKIMA, WASHINGTON,
a Municipal Corporation
BY
DEVELOPER
Gary Gefre and Ron Zaremba
Zais, City Manager
ATTEST:
STATE OF WASHINGTON
County of "YcgkILITEW
eiCk/7414
I certify that I know or have satisfactory evidence
signed this instrument and acknowledged it to
voluntary act for the uses and purposes mentioned in.the
Ron Zaremba
act No. 99-107
on No. R-99-120
DATED this
if
STATE OF WASHINGTON
County of Yakima
day of /4/W/.( /
S8
that
be the free and
instrument.
PRINTED NAME
, 1999.
Notary Public in and for
Washington residing at
My Commission expires:
eY2/�,,ta�te . f okt YSe".
1silLt 4' • •N• SEto
ds,
ptl►AY
O
(PUB�oo" •
,••••„:::::::
•••„ ::HONG ����
I certify that I know or have satisfactory evidence. that
6e-Fett. signed this instrument and acknowledged it to be the free and
voluntary act for the uses and purposes mentioned in the instrument.
v
•
•
DATE
.20*i, day
Eng.
Eng. AA-Gefre/Zar
of -{
, 1999.
PRINTED NAME /r4AL i/'e /
Notary Public in aria -for the State of
Washington residing at AK(/'°-"t-
-My
-Ktd - -
My Commission expires:
Gefre / Zaremba
Sewer Reimbursable
Agreement
a
Scale - lin = 200ft
100
City of Yakima, Washington
June 24, 1999
Gefre / Zaremba
IIMOU 111 311 7135591
Pae 7 of 8
09/141199 09;48A
rtTY OF YAKIMA AGR $15,00 Yakima Co, WA
GEFRE/ZAREMBA SEWER MAIN REIMBURSABLE AGREEMENT
EXHIBIT A
Properties benefiting from Gefre/Zaremba Sewer Main Extension, City Project 9903.02
Connection Rate: $ 4,147.32 per Parcel
Parcel No. & Legal Description Reimbursable Amount
Yakima County Parcel 181323-11411 $ 4,147.32
Legally described as The Lewis Terry Garden
Trs: S 63 FT OF N 176 FT OF W 170 FT OF
LOT 37
Yakima County Parcel 181323-11508
Legally described as McGlothern Home Sites
No. 6: LOT 20 BLK 3
Yakima County Parcel 181323-11521
Legally described as The Lewis Terry Garden Trs:
TH PT OF LOT 37 DESC AS FOL: BEG 63 FT N OF
SW COR LOT 9 BLK 3 MC GLOTHERN HOMESITES
NO. 6, TH N 63 FT, TH W 170 FT, TH S 63 FT TH E
170 FT TO BEG
4,147.32
4,147.32
Yakima County Parcel 181323-12007 -0-
Legally described as E '/2 NE '/4 NW '/4 NE %, (Owned by Developer)
EX N 409 FT, AND EX N 20 FT, AND EX W 25 FT,
AND EX S 139.8 FT, AND EX S 57.2 FT OF E 110 FT
OF W 135 FT, AND EX N 55 FT OF S 194.8 FTOFW
120 FT OF E 140 FT, AND EX S 55 FT OF N 464 FT
OF E 110 FT OF W 135 FT, ALSO EXN2FTOF W
55.14 FT OF ABOVE DESC TR
Yakima County Parcel 181323-12008 -0-
Legally described as N 55 FT OF S 194.8 FT OF W (Owned by Developer)
120FTOFE140FTOFE%2NE'/4NW'/4NE'/4
11 11 11
TY OF YAK MA
1
1
1
1
11
II 111 1 11 7135591
Page: 8 of 8
09/14/1999 09 48A
AGR $15.00 Yakima Co, SIA
Gefre / Zaremba
Sewer Reimbursable
Agreement
z
z
Scale -1 in = 200ft
0
c.I r.111
100
200
City of Yakima, Washington
June 24, 1999
Gefre / Zaremba
BUSINESS OW:TE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /<S
For Meeting Of 9/7/99
ITEM TITLE: Resolution authorizing the execution of a Sewer Main Reimbursable
Agreement/Gary Gefre and Ron Zaremba -
SUBMITTED BY: William Cook, Director
Department of Community & Economic Development
CONTACT PERSON/TELEPHONE: Mary Lovell, Engineering Tech I / 575-6137
SUMMARY EXPLANATION:
A sewer main was installed to provide service to existing residential property. The $20,736.60
cost of the sewer line was paid by Gary Gefre and Ron Zaremba. The Sewer Reimbursable
Agreement, in compliance with RCW 35.91.020, is the means by which Gary Gefre and Ron
Zaremba may recover a portion of the construction costs.
Resolution X Ordinance _ Contract X Other (Specify) Agreement / Map
Funding Source Contingency Fund
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff recommends City Council approval of the attached
agreement.
')ARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Legal/BD
Agenda C.2