HomeMy WebLinkAboutR-1993-122 ReimbursementRESOLUTION NO. 93- 122
A RESOLUTION authorizing the City Manager and City Clerk of the City of
Yakima to execute an agreement with Strawn Nursing
Home, Inc. for the partial reimbursement of construction
cost for a water main extension.
WHEREAS, Strawn Nursing Home, Inc. has, in reliance on potential
reimbursement upon meeting qualifications under City policy, installed a
water main extension, and
WHEREAS, Strawn Nursing Home, Inc. has met the requirements of
City policy for reimbursement, which the City is authorized to make pursuant
to RCW 35.91, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute an agreement with Strawn Nursing Home,
Inc. for reimbursement of costs of installing a water main line, all as provided
in an agreement entitled "Water Reimbursement Agreement", a copy of
which is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this _23rd day of
November ,1993.
MAYOR
ATTEST:
CITY CLERK
Zngr. i Mil.
ENGRI/Strarn
REIMBURSEMENT AGREEMENT AND CONVEYANCE
RE: WATER UTILITY
SYSTE4,. >•`vi`, .,. '" ;-' _V Cpi )'iNA .•.��..•.
THIS AGREEMENT made and entered into this 3(.% day of
\,(Lrr, , 19"1,3 , by and between the CITY OF YAKIMA, a municipal
corporation located in Yakima County, Washington, hereinafter referred to
as "CITY" and Strawn Nursing Home, Inc. hereafter referred to as
tO "DEVELOPER";
WITNESSETH:14.-01 CAD
ND
CV CV WHEREAS, The Developer, in reliance on potential reimbursement Cr
upon meeting qualifications under City policy, installed certain water
VD lines and appurtenances thereto at, near, or within the below described 11"li
property and connected same to the City's Utility System so that such 0)
improvement constitutes an integral part thereof; and
3-
i
WHEREAS no other property owners or users are presently 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
35.91.010 et seq; and
WHEREAS, the Developer paid all the costs and expenses for the
installation of said improvements;
THE PARTIES AGREE AND COVENANT AS FOLLOWS:
1. The Developer represents that he is the owner of the following
described property:
Yakima County Parcel No. 181432-23003
The Developer will install the following described improvements:
Approximately 295 lineal feet of 8 -inch ductile iron
water main and fire hydrant running east in Link Road
from North Gleed Road.
The installation will comply with all applicable codes and regulations of
the City of Yakima. In addition to the terms of this agreement, all
facilities offered by this developer under this agreement upon the City's
acceptance shall be subject to all City ordinances regulating utility
facilities in general, as now or hereafter adopted. 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, and the Developer will defend and hold the City of Yakima
harmless from any liability in connection therewith.
2. The Developer certifies that the total estimated cost of said
construction as above specified will be in the sum of $16,196.00.
Exhibit "A", attached hereto contains the legal description of the lands
affected by this latecomer agreement and a map showing in outline the
land affected by such additional charges per the terms of this agreement.
The total cost of said improvement shall be employed to determine the
pro -rata reimbursement to the Developer by any owner of real estate, who
Xngr. i Otil.
SNGRI/Stra*m
..1449 483
did not contribute to the original cost of such improvement, and who
subsequently wishes to tap on or connect to said facilities, all subject
to the laws and ordinances of the City of Yakima and the provisions of
this Agreement. The pro -rata per front lineal foot is $27.45; provided,
that in no event shall the Developer be reimbursed for an amount greater
than $4,392.00 construction costs documented by the developer.
3. The Developer agrees that the construction and installation of
the described improvement is in the public interest and in furtherance of
public health and sanitation.
4. The Developer will convey, transfer and assign the City all
right, interest, and title in and to said improvements and all
appurtenances and accessories thereto, free from any claim and
encumbrance of any party whomsoever. After inspection and approval of
said construction by the City Engineer and acceptance by the Yakima City
Council, the improvement shall be part of the City of Yakima utilities
system . The Developer will deliver to the City any and all documents
including Quit Claim Deeds and Bills of Sales that may reasonably be
necessary to fully vest title in the City. The Developer will pay to the
City such service fees or other charges as may be imposed by Ordinances
of the City of Yakima from time to time applicable to like users of the
same class.
5. The Developer guarantees workmanship and materials in the
facilities subject to this agreement, for a period of one year after the
City's acceptance of the facilities; Developer warrants that the
facilities are fit for use as part of the City sewer system. Developer
will defend and hold the City harmless from any liability claimed by a
third person due to faulty workmanship and materials within the
aforementioned one-year guarantee period.
6. 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 above improvement and to allow service connections to be
made to said extensions or additions, without liability on the part of
the City.
7. No person, firm or corporation shall be granted a permit or be
authorized to tap into the facility for water or sewer service during the
period of 15 years from the date of this contract, 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 facilities constructed in
connection therewith, the amount required by the provisions of this
contract except such charges shall not apply to any extension of the main
facility. All amounts so received by the City shall be paid out by it to
the Developer under the terms of this agreement within thirty (30) days
after receipt thereof. Upon expiration of the aforementioned 15 -year
term, City shall be under no further obligation to collect or make any
further sums to the Developer. The decision of the City Engineer or his
authorized representative in determining or computing the amount due from
any benefitted owner who wishes to hook up to such improvement, shall be
final and conclusive in all respects.
zngr. s vtil.
T/Stra* n
tai 1419 0484
8. This Agreement shall become operative upon its being recorded
with the Auditor of each County in which any of the benefitted lands are
situated, at the expense of the Owner, and shall remain in full force and
effect for a period of fifteen years after the date of such recording, or
until the owner, or its successors or assigns, shall have been 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 facility, such determination of uselessness to be
in the absolute judgment of the City's Engineer, then the City's
obligation to collect for the Owner of the tapping charges provided
pursuant to this agreement shall cease.
DATED THIS U DAY OF /1(-2'C4.,, 19 .
ATTEST:
City Clerk
BY
CITY OF YAKIMA, WASHINGTON,
a Municipal Corporation
DEVELOPER
ty Manager
St Fawn Nursing Home, Inc.
STATE OF WASHINGTON )
ss
County of Yakima) / `
On this /B day of /1%kie045Gy , 1993, before me personally
appeared 7342-e ,. , /�esede. of Strawn Nursing
Home, Inc., the corporation that executed the within and foregoing
instrument, and acknowledged the 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 they are authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of
said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate above written.
y Public in and for )h State
ton, residing at a
My Couwission expires:
////o/93--
;1419
/// o/ 9 3--
v� .1419 0485
EXHIBIT A
Properties benefitting from Strawn Nursing Home, Inc. Watermain,
City Project No. 1572.
Connection Rate: $27.45 per front lineal foot
Parcel . %. X'.ont E'oot Himo nt
181432-23003 -0- (property owned by Developer)
181432-22017 $2,745.00
181432-22027 $1,647.00
Note: Reference should be made to paragraph 7 of the
Reimbursement Agreement concerning computations.
Note: Documentation confirming costs by reference made a
part of this Latecomer's Agreement filed at the City
Clerk's Office
Engr. s otil.
EDIGRI/Stravn
voi.1419 0486
CITY OF YAKIMA, WASHINGTON
INFORMATION SERVICES, GIS
REQUEST: STRAWN REIMBURSABLE FOR WATERMAIN
LOCATION: NW181432
7(.1419 0487
Reimbursable
Non -Reimbursable
Scale - 1 : 200
0
100
200
LETTER OF UNDERSTANDING
Strawn Nursing Home, Inc., referred to as the DEVELOPER
installed a Public Water System described as follows:
Approximately 295 lineal feet of 8 -inch ductile iron
water main and fire hydrant running east in Link Road
from North Gleed Road.
The "Developer" hereby acknowledges that the immediate
purpose of the watermain was to serve the following described
parcel(s):
Yakima County Parcel No. 181432-23003
The Developer paid all costs and expenses for the
installation of said improvements. This LETTER OF
UNDERSTANDING signed by the "Developer" authorizes the City to
proceed with the necessary steps to execute a REIMBURSABLE
AGREEMENT between the City and the Developer. Said agreement is
subject to City Council approval.
The costs and expenses associated with this project are
defined as follows:
Engineering $3,929.00
City of Yakima Fees:
Plan Review/Inspection 507.00
Construction 11,760.00
TOTAL $16,196.00
The method of fair cost proration based on the above stated
costs for future utility connections is as follows: $16,195.59 =
295 feet = 1/2 (factor per side) = $27.45 per front lineal foot
The owner of real estate who did not contribute to the
original cost of said described utility improvement being City
Project No. 1572 and who subsequently tap onto the improvement
will be assessed a utility connection charge to the terms of the
WATER REIMBURSABLE AGREEMENT and in compliance with City
Ordinance. The affected properties are legally described in
Exhibit A and indicated on the attache map -
Dated this
Engr. & vtil.
ENGRI/Strawn
76
day of
7/
DEVELOPER
1993.
V0114.19 0488
STATE OF WASHINGTON )
ss
County of Yakima)
On this /8 day of /(�D✓Ln►kfr , 19 �J, before me personally
appeared See ic*-7, ,, /�r�sr'�ic�- of Strawn Nursing
Home, Inc., the corporation that executed the within and foregoing
instrument, and acknowledged the 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 they are authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of
said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate above written.
Engr. S Util.
ENGRI/Strawn
Not. y Public in and fthe State of Wash
ington, residing at �or «+'to,--
My Commission expires:
////o/js
v'01.141.9 0489
RESOLUTION NO. 93-12 2
A RESOLUTION .authorizing the City Manager and City Clerk of the City of
Yakima to execute art agreement with Strawn Nursing
Home, Inc. for the partial reimbursement of construction
cost for a water main extension.
WHEREAS, Strawn Nursing Home, Inc. has, in reliance on potential
reimbursement upon meeting qualifications under City policy, installed a
water main extension, and
WHEREAS, Strawn Nursing Home, Inc. has met the requirements of
City policy for reimbursement, which the City is authorized to make pursuant
to RCW 35.91, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute an agreement with Strawn Nursing Home,
Inc. for reimbursement of costs of installing a water main line, all as provided
in an agreement entitled "Water Reimbursement Agreement", a copy of
which is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 23rd day of
November ,1993.
ATTEST:
CITY CLERK
Zngr.
Dns/strewn
c
MAYrC3ft�
REIMBURSEMENT AGREEMENT AND CONVEYANCE
RE: WATER UTILITY SYSTEM[
THIS AGREEMENT made and entered into this day of
, 19 , by and between the CITY OF YAKIMA, a municipal
corporation located in Yakima County, Washington, hereinafter referred to
as "CITY" and Strawn Nursing Home, Inc. hereafter referred to as
"DEVELOPER";
W ITNICSSZT H:
WHEREAS, The Developer, in reliance on potential reimbursement
upon meeting qualifications under City policy, installed certain water
lines and appurtenances thereto at, near, or within the below described
property and connected same to the City's Utility System so that such
improvement constitutes an integral part thereof; and
WHEREAS no other property owners or users are presently 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
35.91.010 et seq; and
WHEREAS, the Developer paid all the costs and expenses for the
installation of said improvements;
THE PARTIES AGREE AND COVENANT AS FOLLOWS:
1. The Developer represents that he is the owner of the following
described property:
Yakima County Parcel No. 181432-23003
The Developer will install the following described improvements:
Approximately 295 lineal feet of 8 -inch ductile iron
water main and fire hydrant running east in Link Road
from North Gleed Road.
The installation will comply with all applicable codes and regulations of
the City of Yakima. In addition to the terms of this agreement, all
facilities offered by this developer under this agreement upon the City's
acceptance shall be subject to all City ordinances regulating utility
facilities in general, as now or hereafter adopted. 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, and the Developer will defend and hold the City of Yakima
harmless from any liability in connection therewith.
2. The Developer certifies that the total estimated cost of said
construction as above specified will be in the sum of $16,196.00.
Exhibit "A", attached hereto contains the legal description of the lands
affected by this latecomer agreement and a map showing in outline the
land affected by such additional charges per the terms of this agreement.
The total cost of said improvement shall be employed to determine the
pro -rata reimbursement to the Developer by any owner of real estate, who
tagz. 6 Dtil.
I/St ram
did not contribute to the original cost of such improvement, and who
subsequently wishes to tap on or connect to said facilities, all subject
to the laws and ordinances of the City of Yakima and the provisions of
this Agreement. The pro -rata per front lineal foot is $27.45; p:rovided,
that in no event shall the Developer be reimbursed for an amount greater
than $4,392.00 construction costs documented by the developer.
3. The Developer agrees that the construction and installation of
the described improvement is in the public interest and in furtherance of
public health and sanitation.
4. The Developer will convey, transfer and assign the City all
right, interest, and title in and to said improvements and all
appurtenances and accessories thereto, free from any claim and
encumbrance of any party whomsoever. After inspection and approval of
said construction by the City Engineer and acceptance by the Yakima City
Council, the improvement shall be part of the City of Yakima utilities
system . The Developer will deliver to the City any and all documents
including Quit Claim Deeds and Bills of Sales that :may reasonably be
necessary to fully vest title in the City. The Developer will pay to the
City such service fees or other charges as may be imposed by Ordinances
of the City of Yakima from time to time applicable to like users of the
same class.
5. The Developer guarantees workmanship and materials in the
facilities subject to this agreement, for a period of one year after the
City's acceptance of the facilities; Developer warrants that the
facilities are fit for use as part of the City sewer system. Developer
will defend and hold the City harmless from any liability claimed by a
third person due to faulty workmanship and materials within the
aforementioned one-year guarantee period.
6. 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 above improvement and to allow service connections to be
made to said extensions or additions, without liability on the part of
the City.
7. No person, firm or corporation shall be granted a permit or be
authorized to tap into the facility for water or sewer service during the
period of 15 years from the date of this contract, 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 facilities constructed in
connection therewith, the amount required by the provisions of this
contract except such charges sha.11 not apply to any extension of the main
facility. All amounts so received by the City shall be paid; out by it to
the Developer under the terms of this agreement within thirty (30) days
after receipt thereof. Upon expiration of the aforementioned 15 -year
term, City shall be under no further obligation to collect or .make any
further sums to the Developer. The decision of the City Engineer or his
authorized representative in determining or computing the amount due from
any benefitted owner who wishes to hook up to such improvement, shall be
final and conclusive in all respects.
Lvr. a Ot11.
DiaR.r/St ran,
8. This Agreement shall become operative upon its being recorded
with the Auditor of each County in which any of the benefitted lands are
situated, at the expense of the Owner, and shall remain in full force and
effect for a period of fifteen years after the date of such recording, or
until the owner, or its successors or assigns, shall have been 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'sfacility, such determination of uselessness to be
in the absolute judgment of the City's Engineer, then the City's
obligation to collect for the Owner of the tapping charges provided
pursuant to this agreement shall cease.
DATED THIS
ATTEST:
DAY OF , 19
City Clerk
STATE OF WASHINGTON )
as
BY
CITY OT YAKIMA, WASHINGTON,
a Municipal Corporation
City Manager
DEVELOPER
dr
St awn Nursing Home, Inc.
County of Yakima) ./ /
On this /B day of /1/ovevo bey , 19/°3, before me personally
appeared 7�e Z,'f , Preside–yr-
reside yr— of Strawn Nursing
Home, Inc., the corporation that executed the within and foregoing
instrument, and acknowledged the 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 they are authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of
said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate above written.
/,1
ot- y Public in and for��h State of Wash
ton, residing at l'�&t
o -a
My Commission expires:
tnyr. s Ottl.
D.IGRI/ltraiei
iXEIBIT A
Properties benefitting from $dawn Nursincr„ Home, Inc. Watermaip,,
City Project No. 1572.
Connection Rate: $27.45 per front lineal foot
parcel No . mount Foot Amount,
181432-23003 -0-
181432-22017 $2,745.00
181432-22027 $1,647.00
Note:
Note:
trgr. a Pt .
tNCaS/Stram
(property owned by Developer)
Reference should be made to paragraph 7 of the
Reimbursement Agreement concerning computations.
Documentation confirming costs by reference made a
part of this Latecomer's Agreement filed at the City
Clerk's Office
2200E
14064
14003
14031
14038
14032
14033
14034
11035
14054
14041 '
: 14057;x'
•
14053
22007
23400
23401
23402
23403
23404
23405
23406
23407
23406
MADDOX ST
23002
C.7
23417 234E ; 2345 , 23414 23413 1 2344 23411
23413
23419
\\ 23427 \\ 23428 j
\ 1 23429
23426
23425
23445 23424
23446:
' 23423
23430 / 23431 //
/ 23432
23001
I •
23442 23443
23441
23444
23433
23434
i
CITY OF YAKIMA, WASHINGTON
INFORMATION SERVICES, CIS
:a QUEST: STRAWN REIMBURSABLE FOR WATERMAIN
LOCATION: NW181432
23435,zmaummumn i
mmumsumminm
Es1
Reimbursable
Non -Reimbursable
iale•1:200
0
100
200
LETTER OF UNDERSTANDING
Strawn Nursing Home, Inc,,, referred to as the DEVELOPER
installed a Public Water. System described as follows:
Approximately 295 lineal feet of 8 -inch ductile iron
water main and fire hydrant running east in Link Road
from North Gleed Road.
The "Developer" hereby acknowledges that the immediate
purpose of the watermain was to serve the following described
parcel(s):
Yakima County Parcel No. 181432-23003
The Developer paid all costs and expenses for the
installation of said improvements. This LETTER OF
UNDERSTANDING signed by the "Developer" authorizes the City to
.proceed with the necessary steps to execute a $FIEBURSAB LE
AGREEMENT; between the City and the Developer. Said agreement is
subject to City Council approval.
The costs and expenses associated with this project are
defined as follows:
Engineering $3,929.00
City of Yakima Fees:
Plan Review/Inspection 507.00
Construction 11.76Q )
TOTAL $16,196.00
The method of fair costproration based on the above stated
costs for future utility connections is as follows: $16,195.59 4-
295 feet 1/2 (factor per side) = $27.45 per front lineal foot
The owner of real estate who did not contribute to the
original cost of said described utility improvement being City
Project No. 1572 and who subsequently tap onto the improvement
will be assessed a utility connection charge to the terms of the
WATER REIMBURSABLE AGREEMENT and in compliance with City
Ordinance. The affected properties are legally described in
Exhibit A and indicated on the attar maps ;)
DEVELOPER
Dated this / d day of `') `-1-4, 1993.
Engr. i 17t11.
ENGRZ/Strarn
STATE OF WASHINGTON )
33
County of Yakima)
On this /8'' day of /lfoVe-nliQr , 19°13, before me personally
appeared Fee_ 4 Pres; de..a'. - of Strawn Nursing
Home, Inc., the corporation that executed the within and foregoing
instrument, and acknowledged the 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 they are authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of
said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate above written.
Not y Public in
ington, residing
My Commission expires:
&cr. f Vtil.
nvGRS/stra+m
of Wash