HomeMy WebLinkAboutR-2000-119 Yakima County Agreement - Sewer Extension Pottenger / Copeland Sewer Main ExtensionRESOLUTION NO. R-2000-119
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute an agreement with Yakima County, for the construction
of a Sewer Extension Project for the City of Yakima.
WHEREAS, the City of Yakima desires to extend sewerservice mainline and
sidesewers along Tieton Drive from Mize Road. to South 96th Avenue; and
WHEREAS, the County intends to construct a road improvement project
known as the C 2593; Tieton Drive Improvement Project, which project lies along the
same location as the desired sewer mainline; and
WHEREAS, the County and the City agree that having the sewer mainline
project constructed in combination with, the County's road improvement project is
mutually beneficial; and
WHEREAS, the City has determined that it is in the best interest to provide
funding for the sewer mainline extension and to allow Yakima County to do the
construction; and
WHEREAS, the Yakima City Council deems it to be in the best interest of the
City that the attached agreement document be executed by the City of Yakima,
accordingly; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute an agreement with Yakima County for the purpose mentioned above, a copy of
which agreement is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 19th day of September, 2000.
ATTEST:
City Clerk
September 14, 2000
AGREEMENT FOR SANITARY SEWER IMPROVEMENTS
AND FUNDING
THIS AGREEMENT is entered into between the City of Yakima, (hereinafter the "City")
whose address is 129 North 2nd Street, Yakima, Washington 98901, and Yakima County,
Washington (hereinafter the "County") through its Public Works Department, whose address is
128 North 2nd Street, Room 408 County Courthouse, Yakima, Washington 98901.
1. RECITALS.
1.1 The County intends to construct a road improvement project known as the C
2593; Tieton Drive Improvement Project: Mize Road to South 96th Avenue (hereinafter "the
Road Project").
1.2 The City wants to have sanitary sewer and side sewer lines (hereinafter "the
Sewer Project") constructed at certain locations within the limits of the Road Project. The
location of the Sewer Project is shown on Exhibit 'A'.
1.3 The County and City agree that having the Sewer Project constructed in
combination with the Road Project is mutually beneficial.
1.4 The City has deteli lined that it is in its best interest to provide funding for he
Sewer Project and to allow Yakima County to do the construction.
1.5 The Yakima County Engineer has determined that it is in the best interests of the
County that the Yakima County Public Works Department contract for the construction of the
Sewer Project within the same construction contract as the Road Project.
NOW, THEREFORE IT IS HEREBY AGREED:
2. THE CITY SHALL:
2.1
the County.
Provide the design, details, specifications, and estimate for the Sewer Project to
2.2 Review construction quotes provided by the County and provide written notice of
approval or disapproval of the Sewer Project quotes to the County before the execution of a
construction contract change order
2.3 Review and approve all Source of Materials submittals regarding the Sewer
Project.
2.4 Provide all on-site field inspection for the construction of the Sewer Project
except those services to be provided by the County identified in items 3.4 and 3.5 of this
agreement. The field inspection will be consistent with Sections 7-08, 7-17, and 7-18 of the
Washington State Department of Transportation's 2000 Standard Specifications for Road,
Bridge, and Municipal Construction.
2.5 Prepare a monthly progress estimate of quantities used on the Sewer Project using
the bid item schedule for the construction contract change order. The progress estimate will be
provided to the County no later than the 5th day of each month. The progress estimate will
include all work completed through the last day of the previous month.
2.6 Upon review and approval by the City of the amounts charged, provide monthly
progress payments to the County for work perfoiined on the Sewer Project by the contractor.
Progress payments will be made to the County no later than the 20th day of each month. The
progress payment shall be based on the progress estimate provided for in item 2.6 of this
agreement.
2.7 Upon review and approval by the City of the amounts charged, provide a final
payment to the County for all costs reasonably incurred by the County that are directly related to
the Sewer Project. These costs shall include actual sewer construction costs made to the
contractor, County personnel labor costs for time reasonably spent on the Sewer Project work,
and material testing expenses. Final payment shall be made to the County no later than 30 days
after the City receives a reporting of final costs from the County.
3. YAKIMA COUNTY SHALL:
3.1 Incorporate the City's Sewer Project design, details, and specifications into the
County's Road Project. The Sewer Project construction bid items shall be listed under a separate
pay schedule within the contract documents.
3.2 Provide a copy of the contractor quotes to the City Engineer for his review and
approval before the execution of a construction contract change order.
3.3 Provide copies of all Source of Materials submittals for the Sewer Project to the
City Engineer for his review and approval before use of the materials on the project.
3.4 Provide field inspection and material testing of trench excavation, trench
backfilling, and pavement repair required for the Sewer Project.
3.5 Provide construction control surveying for the Sewer Project.
3.6 Make progress payments to the contractor.
3.7 Provide a report of final costs for the Sewer Project to the City following
completion of the construction contract. The report shall include a breakdown of costs incurred
by the County.
CITY OF YAKNIA
ichard A. Zais, City Manager
I o- 00
Date Signed
ATTEST:
City Clerk
/L9_1,-64,
City Contract No. 2000-82
Authorized by City
Resolution No. R--2000-1.79
BOARD OF YAKIMA COUNTY
COMMISSIONERS
e S. Palacios, Chair
'ssioner
Bettie Ingham, Commi .ner
ATTEST:
4.
_Ar Li_%.
Sy4; E. Hinojosa, Clerk of th
Approved as to fo �1��11fAiuni g���►ii
.`..7. (‹y ..* AS NHS ��s`o
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /D
For Meeting of September 19, 2000
ITEM TITLE: Pottenger / Copeland sewer main extension.
SUBMITTED BY: / partment. Of Community and Economic Development -
Engin ring Division
CONTACT PERSON/TELEPHONE: Kay Adams, Engineering Division Manager, 575-6111.
SUMMARY EXPLANATION:
Yakima County let a contract for the widening and improvements to Tieton Drive. Two private
developers would like to include a sewer main extension in the County project to serve their future
developments West of 96th Ave. that will require sewer service. The County will impose a 5 -year
moratorium on Tieton Drive after completion of improvements. The County requires a contract with
the City for this sewer main installation. 110 % of the contract cost is on deposit with Wastewater,
paid by the developers, for City payment of the sewer installation.
This main extension, west of 96th Ave. will extend City sewer beyond the Urban Area Boundary.
Kenneth Pottenger has petitioned the County Commissioners to move this boundary to the west to
include his property. No connections will be permitted to this main until the boundary has been
relocated. This may take several months, but should be completed prior to the expiration of a 5 -year
moratorium. The County Engineer is agreeable to including this sewer into the County project.
Kenneth Pottenger has executed an Outside Utility Agreement, which is required prior to extending
this sewer main. A copy is attached.
Resolution XX Ordinance Contract Other (Specify)
Funding Source Private Developm4_.
enter
\\M
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Authorize the City Manager to enter into and execute the attached contract allowing the County to
include this main extension into their road project.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
(171324-44416)
(171324-44407)
(171325-11409)
0
0
•i•••
1—
(f)
1—
20 0
20 40 60 Feet
EXISTING UTILITY POLES
TO BE RELOCATED BY
OTHERS. TYPICAL ALL
LOCATIONS.
STA 111+50 TO
STA 115+28.5±
TAPER FROM 42' FC
TO 46' FC TO FC
-1
0 SEE DRAINAGE NOTES, SHEET 30.
HOUSE
END IE. 1237.0
0
(J)
0
-.1 0
cn
Co
(171324-44420)
SAWCUT EXIST. PVMT
MATCH EXIST. PVMT,
CURB, AND GUI I ER.
TC EL: 1241.68
STA 115+81.98
INSTALL NEW MON
CASE AND COVER
HOUSE
HS.IA__1.1.5.-4- 28.64
TC EL: .24.96
C)
RP STA
1154-28.61
58' LT /I
SPHALi--- L
--2-d- I o I
I -4
N 89'5736" W
113T00 11
------..---..4.
.....—-.-----1—_—_4+00___
- 244 L.F. /0/ NEW k15" SAN SEWER - 246 L.F
IN 1•111,
WM
e
12"-47 L.F.
AE4
E 115+00
ASP"r; ALT
CATCHLINE
: .i---.... .• -_: -. -ri•.1..--i'c 31
a
01
/ ,
, .
LSPH ALT (J)1.—
SEE MAILBOX SCHEDULE,
SHEET 3 FOR MAILBOX
LOCATION & INSTALLATION
TYPE. TYPICAL ALL MAIL-
BOX LOCATIONS.
I ;
STA 1134 -
INSTALL --:L.F+4]:
SANITARY :SEWER •
SERVICE. CAP =
MARK SERVICE END':
STA 112+25
INSTALL 35 L.F-4"
SANITARY SEWER
SERVICE. CAP AND
MARK SERVICE END.
END IE: 1237.0
STA 113+30
INSTALL NEW SANITARY
SEWER MANHOLE.
• --
", / I—
/ /y,'
0
0
STA 115+76
REMOVE EX. 12" STUB TO WEST.
INSTALL NEW 15" SEWER STUB.
RE -CHANNEL MANHOLE 13/A\SE AS
REQUIRED CONNECT/NEW 15"
SANITARY SEWER.
/
ROADWAY EXCAVATION INCLUDING HAUL 1,400 C.Y.
H O'J SE
TC. EL: 1241.14
SAWCUT EX. PVMT
MATCH EXIS11NG
100' RT
EMBANKMENT 100 100 C.Y.
L=400.00
•_ - • ,-• -• •_ _ • -.
.. •
1250: .1
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1250
1245
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1225._ -
111+00 111+20 111+40 111+60 11+80 112+00 112+20 112+40 112+60 112+80 113+00 113+20 113+40 1)3+60 i13+---80 114+00 114+20 114+40 114+60 114+80 115+00 115+20 115+40 115+60 115+80 8+do '1225
,
YAKIMA COUNTY
PUBLIC WORKS DEPT.---'
TIETON DRIVE
IMPROVEMENT PROJECT
MIZE ROAD TO
SOUTH 96TH AVENUE
C 2593
1
PREPARED UNDER
THE' DIRECTION OF:
EXPIRES 5. 20O
linibregtse, Lotman
Associates, Inc.
801 North 39th Avenue +Yakima, WA 98902
(509) 966-7000 • FAX (509) 965-3800
DRAWN:
m.r.e.
CHECKED 8Y•
SCALE:
HORIZ. AS SHOWN
VERT
REVISION:
6/23/00 SANITARY SEWER /MPR.
1
FNAUE: SHEE79.0WG
PLAN AND PROFILE
STA. 111+00
TO STA 116+00
SHEET 29 OF 4C
• .s.-/ Uri
(181319 - 33010 )
ADJUST EXIST. VALVES I
TO FINAL GRADE.
N0181319-3301 5
N
20 0 20 40 60 Feet
RP STA
116+35.98
70' LT
(181319-33009)
STA 9+50
END N ROADWAY CONST.
MATCH EX TING ROADWAY.
EXIST. CL EL: 1251.35±
HOUSE
CINCRE
I> -
I HOU
L
DRAINAGE NOTES (SHEETS 29 & 30)
STA 114+66.5, 23' RT
INSTALL NEW CATCH BASIN TYPE 1 AND 46 L.F - 12" DIA.
SCHEDULE A CULVERT FIFE.
TC EL. 1241 78 RIM EL. 1241.28 IE OUT 1238.28
STA 114+66.5, 23' LT
INSTALL NEW CATCH BASIN TYPE 1 AND 47 L.F. - 12" DIA.
SCH. A CULVERT PIPE TO NEW CATCH BASIN
TC EL. 1241 78 RIM EL. 1241.28
IE IN: 1237.82 IE OUT 1237.82
STA 115+13.5, 23' LT
INSTALL NEW CATCH BASIN TYPE 1 AND 13 L.F - 12" DIA.
SCH. A CULVERT PIPE TO NEW DRYWELL STRUCTURE
TC EL. 1241.88 RIM EL. 1241 38
IE IN: 1237.35 IE OUT. 1237.35
® STA 115+13.5, 35' LT
INSTALL NEW DRYWELL STRUCTURE AND 97 LF 10'W x
4"D INFILTRATION TRENCH. INSTALL 38 L.F 1 DIA.
SCH. A CULVERT PIFE TO EXIST. CATCH BASIN (5;
RIM EL.1242.0± S.I.E. IN: 1237.23 W.I.E. OUT 1 36.50
E.I.E. OUT 1237.50
EXISTING UTILITY POLES
TO BE RELOCATED BY
OTHERS. TYPICAL ALL
LOCATIONS.
STA 116+62
CAP END OF NEW
8" SANITARY
SEWER MAIN
CONST. ASPHALT
SIDEWALK RAMP.
SEE SHEET 3.
ROADWAY EXCAVATION INCLUDING HAUL 385 C.Y.
EMBANKMENT 1,170 C.Y.
STA 115+51, 36' LT
ADJUST EXIST CATCH BASIN TO FINAL GRADE. INSTALL NEW
FRAME ND SOLID COVER. REMOVE EXIST 12" DRAIN PIPE TO
EAST 99 INSTALL 78 LF OF 12" DIA. SCH A CULVERT PIPE
TO NEW CATCH BASIN 6
TC EL. 1241.84± W.I.E. I 1238.00 EX. N.I.E. IN:1237.84
E.I.E. OUT: 1238.42
STA 116+29.5, 35.6' LT
INSTALL NEW CATCH BASIN TYFE 1 AND 70 LE OF 12" DIA.
SCH. A CULVERT PIPE TO NEW CATCH BASIN (7>1
TC EL. 1242.69 RIM EL. 1242.19 W.I.E.IN: 120 .00
S.I.E. OUT: 1238.00
O STA 116+28.5, 35.6' RT
INSTALL NEW CATCH BASIN TYPE 1 AND 42 LF OF 12" DIA.
SCH. A CULVERT PIPE TO NEW DRYWELL STRUCTURE ®.
TC EL. 1242.62 RIM EL. 1242.12 N.I.E.IN: 1237.30
S.I.E. OUT. 1237.20
STA 116+14, 75' RT
INSTALL NEW DRYWELL STRUCTURE AND 70 LF OF 10'
WIDEx4' DEEP INFILTRATION TRENCH
RIM EL: 1240.0± N.I.E. IN: 1236.0 S.I.E. OUT 12330.50
BOT TRENCH EL. 1232.0
STA 116+34, 26' LT
REMOVE EXISTING CATCH BASIN, APPROX. 90 L.F, EXISTING
12" DIA. DRAIN PIPE TO SOUTH, AND EXISTING 12" DIA.
DRAIN PIPE TO EAST
1260iJL
12501:"
12451
-.7.11260
• 1255
'1250
?.._ice
1245
1••••,-i-1•41--
12351'1,444.1:;'1_
ND IE:- 1233 45' �"-�?__'
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1 '.'�1j. r.. ;-`-i •`.:�
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12300 .7d..t 1.F 80 L.F ----!•1'.'''!iOJJ_.. -::;:ir+.-,--i•-+.•••.<4!+t-,-.".7, h:.
116+00 116+20 116+40 116+60 116+80
117+00 --117+
zo
117+40 117+60 117+80 118+00 118)---2-0
1240
.± L 1235
1230
'.).:.r:1..
118+40 118+60 118+80
119+00 �L?119+20
y
119+40 119+60 11-9+80 120+00 120+20 120+40 120+60 120+80 121+00
YAKIMA COUNTY- N
\--- PUBLIC WORKS DEPT. -1
TIETON DRIVE
IMPROVEMENT PROJECT
MIZE ROAD TO
SOUTH 96TH AVENUE
C 2593
PREPARED UNDER
THE DIRECTION OF:
EXPIRES 6, 2002
Huibregtse, Lotman
Associates, Inc.
801 North 39th Avenue + Yakima, WA 98902
(509) 966-7000 ♦ FAX (509) 965-3800
I. DRAWN:
M.T.H.
CHECKED fir:
SCALE
HOR/Z. AS SHOWN
VERT
REVISION:
FNAME SHEEKTD.OWG
PLAN AND PROFILE
STA. 116+00
TO E.O.P.
STA. 119+50
SHEET T
EE 30
OF 40
(171324-44442.)
(171324-44443)
(171325-11006)
(171325-11412 )
0
0
0
WATCHUNE
20
1
20
40
TRANSITION FULL HEIGHT
CURB TO EXIST. ROLLED
CURB. MATCH EXISTING
ELEVATIONS.
• -
, 4
••• * *
c.1
-00
0
„.„
ASPH ALT
0
LL
A,
....
50 ... L.Q7--0+0
o: .66
60 Feet
REMOVE APPROX. 20 L.F.
EXIST. ROLLED CURB, GUTTER,
AND ASPHALT. MATCH EXIST.
ELEVATIONS.
EXISTING UTILITY POLES
TO BE RELOCATED BY
OTHERS. TYPICAL ALL
LOCATIONS.
ASPHALT
.. .. .21
...
E\ 108+00
LI\
171
3 —44409
(171324-44417.)
STA 110+00, 28 LT
INSTALL NEW DRYWELL
STRUCTURE & 120 L.F.-6'W
x4'D INFILTRATION TRENCH.
RIM EL: 1244.0±
IE IN. 1239.94
IE OUT: 1239.00
GRAVE
N 89'57'36" W
CONCR TE-.
I- CC
CC CI
CO. 4-
+
°U)
<
H-0
GRAVEL
DRI ‘/E
(171325-11405)
ROADWAY
109+00
GRAVEL
E./ (=RAVEL
T2 LE
CATCHLINE
STA 108-1'206, 35.6' RT
END NEW 42" EQUIVALENT
DIAMETER PIPE \ ARCH
CULVERT. INSTAL C Y.
QUARRY SPALLS AT OUTLET
LE.: 12395±
00 -
0
v-)
c2,
0
17-
0
0
(NI
71325-114M)
EXCAVATION INCLUDING HAUL 845 C Y
7-
BUILDIN
STA 110+86, 35'LT
CAP AND MARK END OF NEW
8" SANITARY SEWER MAIN.
END IE: 1235.54
STA 110+00, 21' LT
INSTALL NEW C.B.
TYPE 1 & 7 L.F.-12"
DIA. SCH. A CULV. PIPE.
TC EL: 1244.42
RIM EL: 1243.92
IE IN: 1240.08
IE OUT: 1240.08
-I
• L. „
(Ai- I •
ASPHALT
NEW 15" S.S- -•cv: 156 L.F.
STA 109+30
CAP END OF NEW
15" SANITARY
SEWER MAIN.
STA 110+00, 21' RT
INSTALL NEW CATCH BASIN
TYPE 1 & 42 L.F.-12" DIA.
SCHED. A CULVERT PiPE.
TC EL: 1244 42
RIM EL: 1243.92
IE: 1240.92
STA 110+86
INSTALL NEW SANITARY
SEWER MANHOLE.
EMBANKMENT 410 C.Y.
--•
• .• -. 1 ,_ •
0
0
C/"1
MATCHLINE
YAK/MA
11260
- • 77 .77
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... - -C`4•!n!,.._..... :71230
1061-06 106+20 106+40 106+60 106+80 107400 1071-26 107+40 —107+60 107+80 108+00 108+20 108+40 108+60 108+80 109.+06— 10-9+2-0 -109+ -4:0 109+60 106;16— -116+00 i 6+ io 110+40 -110+60 110+-80 111+00
.. •
156 --S-=-0:004 T/F:1 '7:4 .00, • .4 •
-E-ND7IE:•-•1235:23- - • • - • 1 -
• 1235
PUBLIC WORKS DEPT.----/
TIETON DRIVE
IMPROVEMENT PROJECT
MIZE ROAD TO
SOUTH 96TH AVENUE
C 2593
HIBIT A
PREPARED UNDER
THE DIRECTION OF:
EXPIRES 9..41A, 6. OOP
Hulbregtse, Lowman
Associates, Inc.
801 North 391n Avenue •Yokima, WA 98902
(509) 966-7000 *FAX (509) 965-3800
l" DRAWN:
CHECKED 02
J. T.L
SCAM
HORIZ AS SHOWN
VERT.
REVISION:
5/2.3/0C SANITARY SEWER IMPR.
FNAtIL SHEET 25.DWG
PLAN AND PROFILE
STA. 106+00
TO STA 111+00
SHEET 28 OF 40
LIU
_J
RR -2947 Tieton Drive Improvement Project, Sanitary Sewer Improvements
Item
Potteneer
Sierra
Estates
Potteneer
Sierra Estates
N.
Description
App, Qty.
Appx. Qtv.
Unit
Unit Price
Total Item Amount
Total Item Amount
1
MOBILIZATION
0.95
0 05
L.S
$ 3.228 00
$ 3,066.60
$ 161 40
2
PVC SANITARY SEWER PIPE, 15 -INCH DIAMETER
646
0
LF
$ 41.00
$ 26,486.00
$ -
3
PVC SANITARY SEWER PIPE, 8 -INCH DIAMETER
35
80
LF
$ 18.95
$ 663.25
$ 1.516.00
4
4 -INCH PVC SANITARY SIDE SEWER
75
0
LF
$ 15.95
$ 1,196.25
$ -
5
MANHOLE, 48 -INCH DIAMETER
2
0
EACH
$ 1.695 00
$ 3.390 00
$ -
6
CRUSHED SURFACING TOP COURSE FOR PIPE BEDDING
330
20
TON
$ 12.50
$ 4.125 00
$ 250.00
7
CRUSHED SURFACING BASE COURSE FOR TRENCH BACKFILL
1.350
50
TON
$ 15.80
$ 21.330 00
$ 790.00
8
SHORING OR EXTRA EXCAVATION, CLASS B
5.800
0
SF
$ 0.30
$ 1.740 00
$ -
9
MODIFY EXISTING MANHOLE
0.5
0.5
EACH
$ 850.00
$ 425 00
$ 425 00
TOTAL AMOUNT OF ITEMS:
TAX (7.6%p):
TOTAL BID AMOUNT:
.�zc. /✓c, /$/y9
$ 62,422.10 $ 3,142.40
$ 4,744.08 $
238.82
$ 67,166.18 $ 3,381.22
/ /o
4' 7? SSZ. Sa
KENNETH R. POTTENGER
IDA LEE POTTENGER
7001 ALPINE 98908 $AYL
YAKIMA, WA n �9
_—�
(
i Q • -
98-7112/3251
Page 1
RR -2947 Tieton Drive Improvement Project, Sanitary Sewer Improvements
Item
Pottenser
Sierra
Estates
Pottenaer
Sierra Estates
No.
Description
App. Qty.
Apps. Qty.
Unit
Unit Price
Total Item Amount
Total Item Amount
1
MOBILIZATION
0.95
0.05
L.S
$ 3,228.00
$ 3,066.60
$ 161.40
2
PVC SANITARY SEWER PIPE. 15 -INCH DIAMETER
646
0
LF
$ 41.00
$ 26.486 00
$ -
3
PVC SANITARY SEWER PIPE, 8 -INCH DIAMETER
35
80
LF
$ 18.95
$ 663.25
$ 1,516.00
4
4 -INCH PVC SANITARY SIDE SEWER
75
0
LF
$ 15.95
$ 1,196.25
$ -
5
MANHOLE, 48 -INCH DIAMETER
2
0
EACH
$ 1.695 00
$ 3.390 00
$ -
6
CRUSHED SURFACING TOP COURSE FOR PIPE BEDDING
330
20
TON
$ 12.50
S 4.125 00
$ 250 00
7
CRUSHED SURFACING BASE COURSE FOR TRENCH BACKFILL
1,350
50
TON
$ 15.80
$ 21.330 00
$ 790.00
8
SHORING OR EXTRA EXCAVATION CLASS B
5,800
0
SF
S 0.30
$ 1,740.00
$ -
9
MODIFY EXISTING MANHOLE
0.5
0.5
EACH
$ 850.00
$ 425 00
$ 425.00
e2,
TOTAL AMOUNT OF ITEMS:
TAX (7.6%):
TOTAL BID AMOUNT:
'710 - `/ - 174, -—/
3- i y3s - �s-o
$ 62,422.10 $ 3,142.40
$ 4,744 08 $
238.82
$ 67,166.18 $ 3,381.22
i/0
41' 73 s8Z.90
iJo �o
b="::^-: •::..r•`:_''
ORIGINAL DOCUMENT' IS PRINR'EtE OW CHEMICAL REACTIVE PAPER IA HAS Alt MICROPRINTEQ.BORDER►S,
GREAT ROOMS
5300 MT AIX WAY
YAKIMA, WA 98901
(509)575-9496
GREAT•03106
Yakima Office
Yakima, WA 98902
98-7107/3233
6-3719.3;
tt-
5840
9/1/2000
ORDER OFPAY TO
City of Yakima$
**3,719.34
Three Thousand Seven Hundred Nineteen and 34/100******************************************************
City of Yakima
129 N 2nd St
Yalama WA 98901
MEMO 7
Deposit for sewer m the street at 96th & Tieton
DOLLARS
a�,-;--a.;••;,:t i��.,z<„,.eR i'e.:;. �_.;. .: �,:u THE- REVERSE SIDE OF -mar. DOCUMENT- INCWDESt<ANtARTIFICIAL. WATERMARK -HOLE AISAN/ANGnt=
7T7 WEIi�!'&
Return Address:
C,
City of Yakima
Yakima, Washington
OUTSIDE UTILITY AGREEMENT, ANNEXATION COVENANT,
AND SPECIAL POWER OF ATTORNEY
THIS AGREEMENT is made between the City of Yakima (hereinafter "City") and the
undersigned Owner(s) and or Occupant(s) hereinafter collectively "Owner").
WHEREAS, Owner owns and/or occupies the following-described real property located
within Yakima County, Washington, to wit:
yA vh 4 ez PPL1I-7- Ai O . `>' - ;.00,
45 72EtoJQb E D uti.DC,e- A- 17z/e�s i-IL--E I3O .
5 3 4:71.,l�CCo, Js oit Y/4-/m/(21- o VA.) TY , W 1 .
r"b ImeLuDE-Y4K,vr7t4 6.cvMry 714X 10fiieceL JU,7/3.s.°
1'7/S24-44416, J7/3.�tl- 271,7z./6,/ /7/324-17144/7 4._
and, / 7/3;,h 44/
WHEREAS, Owner has applied to the City for City domestic water and/or sewer
service for the above-described real property:
NOW, THEREFORE, in consideration of the furnishing of such water and/or sewer
service, Owner for himself and on behalf of his heirs, successors and assigns, does hereby
promise and agree as follows:
1. Incorporation of Recitals. The foregoing recitals are Incorporated herein by
reference.
2. Charges and Fees. Owner shall pay to the City of Yakima, when due, all
connection charges, service fees, future local improvement district assessments, capital cost
recovery charges, if any, and any and all other charges and fees required by law to be paid for
the service hereby applied for. Connection to or extension of a public utility system will be at
City of Yakima, Outside Utility Agreement (OUA)
Amended by Resolution R-98-61, May 5, 1998
Page 1
Owner's expense and liability. Owner is responsible to obtain and record any necessary
easements.
3. Property Alterations and Improvements. Owner promises and agrees to make all
alterations, improvements, and repairs on and to such property and the buildings, structures, and
other improvements thereon as specified on the attachment hereto marked "EXHIBIT A" and by
reference made a part hereof (including, but not limited to, the service connection from the City's
Main to the property), which alterations, improvements, and repairs shall be completed within the
time specified on EXHIBIT A and shall be the property of Owner. Any future new construction or
future alterations, additions or repairs shall conform to any and all then applicable construction
and zoning codes as if the property affected by this Agreement were situated within the
boundaries of the City of Yakima. The City shall have the right at any and all reasonable times
to inspect the property described above, and any existing buildings, structures, and other
improvements thereon.
4. Annexation Covenant. For purposes of this paragraph only, the term "Owner"
shall exclude an occupant who does not own the real property legally described above. Owner has
been informed of and understands that the City intends to commence annexation proceedings to
annex certain property to the City of Yakima, including, but not limited to, the property legally
described above. Information about the proposed annexation is available for public review at the
City of Yakima Department of Community and Economic Development at 129 North 2nd Street,
Yakima, Washington. Owner may review this information upon reasonable notice. Owner has a
presently existing legal right not to sign a petition for annexation of the property legally described
above. The purposes of this Agreement include but are not limited to Owner waiving such right
and creation of such waiver as a covenant running with the land in the event that the City, in its
discretion, furnishes water and/or sewer service to the above-described land. In consideration and
as a condition of such furnishing of water and/or sewer service, Owner, for himself and for his
heirs, successors and assigns, agrees and covenants with the City of Yakima, and to the
present and future owners of any property affected by the furnishing of City water and/or
sewer service to which this covenant relates, such agreement to constitute a covenant running
with the land, that they shall, whenever so requested, sign any letter, notice, petition, documents,
or other instruments initiating, furthering or accomplishing the annexation of the above-described
property to the City of Yakima, whether or not the annexation involves the assumption by the
area to be annexed of existing City indebtedness, the application to the area to be annexed of
the comprehensive plan and land use controls of the City, and such other conditions as the City
may lawfully impose, and the Owner will not protest the future formation of any local
improvement district for domestic water and/or sewer service for any district which includes the
property affected by this Agreement. Furthermore, this instrument shall be considered both a
valid Notice of Intent to Commence Annexation and a valid Petition for Annexation, signed by
the Owner, and by Owner's heirs, successors and assigns, for the above-described real property.
5. Special Power of Attorney. The undersigned Owner of the above-described real
property, on behalf of himself, his heirs successors and assigns, hereby designates the City of
Yakima as Owner's true and lawful attorney-in-fact for the purpose of signing any petition
leading to the annexation of said real property to the City of Yakima, with full power to do and
perform any proper act which Owner may do with respect to the annexation of said real
property. The City of Yakima may exercise this power through its City Clerk or otherwise as
the city Council may direct. This Special Power of Attorney is given for the valuable
City of Yakima, Outside Utility Agreement (OUA)
Amended by Resolution R-98-61, May 5, 1998
Page 2
consideration of the furnishing of water and/or sewer service by the City of Yakima, and this
Special Power of Attorney is further given as security for performance of the annexation
covenant obligation set forth above. This Special Power of Attorney Is not revocable and shall
not be affected by the disability of the principal.
6. Additional Conditions. Owner further agrees to perform and otherwise comply
with the conditions, requirements, restrictions, and other provisions contained on the attachment
hereto marked "EXHIBIT B" and by reference made a part hereof in order that this property be
used and/or developed in accordance with the Comprehensive Plan of the City, as the Plan now
exists or may be amended from time to time, and as if the property were situated within the
boundaries of the City of Yakima, all of which are conditions of the granting by the City of the
service(s) applied for by Owner. Utility services are being requested for the following described
future or existing land use (check the appropriate box) as defined in the Yakima Urban Area
Zoning Ordinance:
R-1 Single -Family Residential
R-2 Two -Family Residential
R-3 Multi -Family Residential
Other (Describe): ' - Lo-{-
Any
o-f-
Any change in current land use will require the execution of a new Outside Utility Agreement.
7. Bond. Owner further agrees that the City may require the Owner to file with the
nditioned so as to insure the performance by Owner or Owner's obligations under
d in the event the City so requires, the undersigned will file such a bond in the
EXHIBIT B, which bond shall be issued by a corporate surety company
ness in the State of Washington, and which bond shall be subject to the
aa,th,Yas'ma City Attorney.
• r. - . I - . r Trn f- r Owner agrees that in the event of a sale or transfer
afhe proper�ty,.'ff ed by this Agreement, Owner shall, as a condition of such sale or transfer,
.�g
^crlre th'd S� :'•er, or other new Owner, to sign a duplicate of this Outside Utility Agreement;
caf�ement and the promises made herein, do constitute a covenant running with the
lar( •td above and shall be binding on Owner and Owner's successors in interests to such
property, and that this Agreement shall be filed for record In the office of the Yakima County
Auditor.
9. Fire Protection Flow Requirements. The City's approval of water service does
not guarantee fire protection flow requirements.
10. Litigation: Governing Law. In the event of any suit or action is instituted by
either party to enforce compliance with or interpret any of the terms, covenants, or conditions of
this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court
costs, such sums as the court may adjudge as reasonable attorney's fees. The venue for any
action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for
City of Yakima, Outside Utility Agreement (OUA)
Amended by Resolution R-98-61, May 5, 1998
Page 3
Yakima County, Washington. This Agreement shall be governed by the laws of the State of
Washington.
11 Non -Severability. In the event that any material provision is found unenforceable by a
court of competent jurisdiction, this Agreement shall be null and void and the City shall have no
further obligation to provide water or sewer service to the property that is legally described
above; provided, however, Owner shall make all payments as provided for under this Agreement
for services rendered prior to termination of service pursuant to this provision.
12. Assignment. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors, and assigns.
DATED this
1i
BY'
STATE OF WASHINGTON )
)SS.
County of Yakima )
day of & Pt 2)C0
• CITY OF YAKIMA
By: } .-c J Y,
Authorization No.: 0,2
I certify that I know or have satisfactory evidence that itjePc+('viagr signed this
instrument and acknowledged it to be (his, her, their) free and voluntary act for the use and purposes mentioned in the
instrument
DATED this
STATE OF WASHINGTON )
)SS.
County of Yakima )
day of ,60c
Printed Name: YY1�i.�y 1_c ve 1/
NOTARY PUBLIC In andior the State of Washin
residing at Y4-
My
kMy commission expires:
On this day of before me personally appeared
and to me known to be
and of the Corporation that
executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of
said corporation, for the uses and purposes therein mentioned and on oath stated that (he, she, they) (was, were)
authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation
GIVEN under my hand and official seal the day and year last above written.
Printed Name:
NOTARY PUBLIC in and for the State of Washington, residing
at
My commission expires:
City of Yakima, Outside Utility Agreement (OUA)
Amended by Resolution R-98-61, May 5, 1998
Page 4
EXHIBIT "A"
IMPROVEMENTS, ALTERATIONS AND REPAIRS
TO BE MADE BY OWNIER
OWNER
OWNER
City of Yakima, Outside Utility Agreement (OUA)
Amended by Resolution R-98-61, May 5, 1998
Page 5
EXHIBIT "B"
CONDITIONS OF UTILITY SERVICE APPROVAL
City of Yakima service is extended to and available for one
I-- Lo 145 - - r° — located on %f ztc� Dr. 974 a,01.14 a
Any other use or extension unless specifically authorizedby-.'ropriate City action is prohibited
and grounds for summary disconnection and termination of se ice.
OWNER
The City of Yakima public sewer system will be extended according to the City's
requirements and specifications to serve the following development(s) all of which meets the
proper zoning in accordance with Yakima County. Use and extension of the City sewer system is
contingent upon compliance with all City sewer and wastewater system use ordinances and
regulations (including, without limitation, Yakima Municipal Code Chapter 7.65) as those
ordinances and regulations may be amended from time to time. Any other use or extension
unless specifically authorized by appropriate City action is prohibited and grounds for summary
disconnection and termination of service.
OWNER
City of Yakima, Outside Utility Agreement (OUA)
Amended by Resolution R-98-61, May 5, 1998
Page 6