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Home My WebLink About2010-017 Sewer LID No. 1060 Final Assessment Roll A ® IIffl IIi IfflI IU II 1 IH lll I IIl Iffl II * 7 6 9 7 4 4 5 5* FILE# 7697445 YAKIMA COUNTY, WA 07/13/2010 11:50:57AM ORDINANCE PAGES: 5 CITY OF YAKIMA - ENGINEERING Recording Fee: 66.00 Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: KAIL AND 85 SEWER LOCAL IMPROVEMENT DISTRICT LID #1060 _ o' o.DAr- - o Grantor: City of Yakima QV LEGAL DESCRIPTIONS: Portions Hawthorn Hill, Sunset Vista, W 150 ft of e /2 SE ' /4 SW 1/4 NE /4 EXN 39 ft & ExS160 ft; and W149 .6ftofS160ftofE SE /4NE1 /4 PARCEL NUMBERS: 181319- 130 07,181319- 13430,181319- 13423,181319- 13433,181319 - 13005,181319- 1 1 3427,181319- 13412,181319- 13410, 181319 - 13008,181319 - 13419,181319- 13420, 181319 - 13418,181319 - 13425,181319- 13439; 181319- 13429; 181319-13426 ORDINANCE NO. 2010 -17 AN ORDINANCE of the City of Yakima, Washington, approving and confirming the final assessment roll for Local Improvement District No. 1060, which has been created and established for the purpose of paying the cost of certain sewer system improvements; and levying and assessing the amount thereof against the lots, tracts, parcels of land and other property shown on said roll. WHEREAS, an assessment roll levying special assessments against the properties located in Local Improvement District No. 1060 ( "L.I.D. 1060 "), in Yakima, Washington, created under Ordinance No. 2006 -53, was filed with the City Clerk of the City of Yakima as provided by law; and WHEREAS, notice of the time and place of a hearing on and of making objections to the assessment roll was duly published at and for the time and in the manner provided by law, fixing the time and place of hearing thereon for the 20th day of April 2010, at the hour of 7:00 p.m. in the Council Chambers, Yakima, Washington, and further notice thereof was duly mailed by the City Clerk to each property owner on the roll; and WHEREAS, at the time and place fixed and designated in said notice, the hearing on the assessment roll was duly held and the Council, sitting as a board of equalization, gave due consideration to all written and oral protests received and all persons appearing at said hearing; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The Council, sitting as a board of equalization and having made all revisions to the roll it deems necessary, hereby finds and determines that the final assessment roll for LID 1060 is just and equitable and that no assessment against property within LID 1060 is greater than the special benefits to be derived from the improvements. Accordingly, the final assessment roll, in the total amount of $415,262.02, - $25,381.13 from Wastewater contribution & - $14,000.00 from Nob Hill Water contribution, resulting in a total value to be apportioned to participating properties within the LID of $375,880.89, and is hereby approved and confirmed, and the assessments set forth therein are hereby levied against each lot, tract and parcel of property described in the roll. Section 2. The Clerk of the City is hereby directed to place in the hands of the Finance Director of the City for collection the final assessment roll for LID 1060. Upon such placement, the amount of each assessment set forth in the roll, together with any interest or penalty imposed from time to time shall become a lien against the property so assessed. The lien shall be paramount and superior to any other lien or encumbrance whatsoever therefore or thereafter created, except a lien for general taxes. Section 3. Upon receipt of the final assessment roll for LID 1060, the Finance Director of the City is hereby directed to publish notice at the times and in the manner required by RCW 35.49.010, stating that the roll is in his /her hands for collection and that such assessments or any portion thereof may be paid to the City at any time within 30 days from the date of the first publication of such notice, without penalty, interest or costs. Section 4. The amount of any assessment, or any portion thereof, against property in LID 1060 not paid within the 30 day period from the date of the first publication of the Finance Director's notice shall be payable in 10 equal annual installments, together with interest on the diminishing principal balance thereof at a rate of 5.25% per annum. Interest shall commence on the 30 day following first publication of such notice. The first installment shall become due and payable one year from the expiration of the 30 day prepayment period. Annual installments, including interest and any penalty, shall be paid in full when due, and no partial payments shall be accepted by the Finance Director of the City. Section 5. Any installment not paid when due shall thereupon become delinquent. All delinquent installments shall be subject to a penalty equal to 12% per annum of the amount of the installment, including interest, from the date of the delinquency until paid. • Section 6. The lien of any assessment may be discharged at any time after the 30 day prepayment period by payment of the entire principal amount of the assessment remaining unpaid together with interest thereon to the due date of the next installment. Section 7. If any one or more of the provisions of this ordinance shall be declared by a court of competent jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed severable from the remaining provisions of this ordinance and shall in no way affect the validity of the other provisions of this ordinance. Section 8. This ordinance shall be in full force and effect 30 days after its passage, . approval and publication as provided by law and by the City, Charter. PASSED BY THE CITY COUNCIL, signed and approved this 20 day of April, 2010. Micah Cawley, ayor ATTEST: 1 -1_ 1 4Ati City Clerk Publication Date: April 23, 2010 Effective Date: May 23, 2010 KAIL AND 85TH SEWER LOCAL IMPROVEMENT DISTRICT LID #1060 PROPERTY LIENS TO BE RECORDED BY YAKIMA COUNTY City PROPERTY OWNER /PARCEL ADDRESS /LEGAL Amount Owed Kail Item Ref: PARCEL NUMBER DESCRIPTION and 85th LID 1 3 181319 -13007 Doug & Lanette Headly $12,961.41 213 N 85th Ave Legally Described as W 150 FTOFE1 /2SE1/4SW1/4NE1/4EXN391 FT &EXS 160 FT 2 4 181319 -13430 Anthony & Libia Riani $12,961.41 208 N 86th Ave Legally Described as SUNSET VISTA LOTS: LOT 14 3 7 181319 - 13423 Deborah & Jonathan Woods $12,961.41 • 8703 Juanita Drive Legally Described as SUNSET VISTA LOTS: LOT 7 4 9 181319 - 13433 Joseph & Paula White $12,961.41 8704 Juanita Drive Legally Described as SUNSET VISTA LOTS: LOT 16 EX E 110 FT& LOT 17 EX W 100 FT 5 12 181319 - 13005 Kevin & Brandi Van De Brake $12,961.41 217 N 85th Ave Legally Described as S 108 FT OF N 283 FT OF W 150 FT OFE1 /2 SE1 /4 SW1 /4 NE1 /4 6 15 181319 - 13422 Robert & Pam Wilcox $12,961.41 8711 Juanita Drive Legally Described as SUNSET VISTA LOTS: LOT 6 7 17 181319 - 13427 Randall & Callenn Johnston $12,961.41 216 N 85th Ave Legally Described as SUNSET VISTA LOTS: LOT 11 8 18 181319 - 13412 Jason & Sarah Tomissier $2,961.41 8508 Hawthorne Drive Legally Described as HAWTHORN HILL: LOT 13 9 20 181319 - 13410 Scott & Kathi Hanses $12,961.41 8604 Hawthorne Drive Legally Described as HAWTHORN HILL: LOT 11 City of Yakima 7/1/2010 1 of 2 KAIL AND 85TH SEWER LOCAL IMPROVEMENT DISTRICT LID #1060 PROPERTY LIENS TO BE RECORDED BY YAKIMA COUNTY City PROPERTY OWNER /PARCEL ADDRESS /LEGAL Amount Owed Kail Item Ref: PARCEL NUMBER DESCRIPTION and 85th LID 10 21 181319 -13008 Donald Lyons $12,961.41 8409 Summitview Ave Legally Described as W 149.6 FT OF S 160 FT OF E1/2 SE1 /4SW1/4 NE1 /4 11 22 181319 -13419 Scott & Carolyn Henyon $12,961.41 8603 Kail Drive Legally Described as SUNSET VISTA LOTS: E 94.4 FT LOT 4 12 23 181319 -13420 Timothy & Lisa Foss $12,961.41 8605 Kail Drive Legally Described as SUNSET VISTA LOTS: W 103 FTLOT 4 13 25 181319 -13418 Thomas & Marli Parobek $12,961.41 8511 Kail Drive Legally Described as SUNSET VISTA: LOTS LOT 3 14 26 181319 -13425 Angela M. Hein $12,961.41 8602 Kail Drive Legally Described as SUNSET VISTA LOTS: LOT 9 15 27 181319 -13439 Jeff & Diane Trammell $10,961.41 8601 Summitview Ave Legally Described as SUNSET VISTA LOTS: LOT 22 EX S 10 FT 16 28 181319 -13429 Isaac's Living Trust $12,961.41 207 N 86th Ave Legally Described as SUNSET VISTA LOTS: LOT 13 17 29 181319 -13426 Cindy & James Maib Robinson $9,461.41 8508 Kail Drive Legally Described as SUNSET VISTA LOTS: LOT 13 TOTAL AMOUNT LID $204,843.97 City of Yakima 7/1/2010 2 of 2 0 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ' For Meeting Of April 20, 2010 ITEM TITLE: Continuation of Public Hearing to Confirm the Final Assessment Roll for 85 & Kail Sewer LID #1060 SUBMITTED BY: William Cook — Director of CED Douglas Mayo, PE — City Engineer CONTACT PERSON/TELEPHONE: Douglas Mayo, PE, City Engineer, 576 -6678 SUMMARY EXPLANATION: During the Public Hearing that was held on April 6, some of the LID participants complained that the project was not complete. City Council elected to continue the public hearing until today. The City has met with them and addressed /answered their concerns as detailed in the attached memo. The 85 & Kail Sewer Local Improvement District (LID) No. 1060 was formed to construct a new sewer main to serve 29 parcels located in the Sunset Vista and Hawthorn Hill neighborhood north of Summitview Ave. between N. 85 Ave. and N. 88 Ave. The project included the installation of approximately 2,183 linear feet of 8 -inch P.V.C. Sanitary Sewer Pipe and all 0 appurtenances, including but not limited to, New Manholes and 4 -inch P.V.C. Side Sewer Pipe and all pavement surface repairs and repaving of certain roadways with Bituminous Surface Treatment. The project also included approximately 622 linear feet of Directional Drilling to install and provide two 8 -inch H.D.P.E. Sewer pipes and two 4 -inch H.D.P.E. Side Sewer Pipes. The total cost of this project, including design and construction engineering, was $415,262.02. Wastewater will be paying $25,381.13 and Nob Hill water will be paying $14,000.00. The total amount of this LID that will be assessed to the property owners will be $375,880.89. • Final Assessment Roll The LID No. 1060 Final Assessment Roll identifies the properties in the L.I.D. boundary by Yakima County Parcel numbers. The parcel numbers correspond to the location map. The Assessment Roll also provides the name of the property owner as shown on the tax rolls of the County Treasurer, together with the Preliminary and Final Assessment for each parcel. The complete names and addresses by which the Public Hearing Notices were mailed are on file in the Engineering Division. Resolution _Ordinance X Other (Specify) Contract _ Mail to (name and address): Funding Source APPROVED FOR SUBMITTAL: -'� �4 City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to approve the 0 Ordinance confirming the 85 & Kail Sewer No. 1060 L.I.D. Final Assessment Roll. COUNCIL ACTION: • MEMORANDUM Date: April 13, 2010 • To: City Council From: Douglas Mayo, PE, City Engineer Re: 85 and Kail Sewer LID This memo is written in response to the complaints received during the Public Hearing held on April 6, 2010 to consider the ordinance confirming the final assessment roll for the 85 and Kail Sewer LID #1060. Don Poston noted that the final construction cost of the project was $62,116.33 more than Premier Excavating's bid of $269,743.68. He stated that the need to repave 85 Avenue following the installation of the sewer pipe and Nob Hill Water's upgrade was due to the fact that it was not immediately patched back. For this reason, he does not believe that any increases for paving 85 Avenue should be charged to the LID. The Engineering Division was of the opinion that the numerous (20 +) crossing patches plus the parallel patches would have covered almost half of the roadway. This would leave 85 Avenue in an unsatisfactory condition that would require significant maintenance in the near future. For this reason, we decided to completely repave the road. A reason for the extended time to get this completed was due to negotiations with the Contractor. The change order to repave 85 Avenue resulted in a net increase to the project of $20,419.32, of which Nob Hill Water paid $14,000. Deb Woods complained that the project was incomplete since they had been promised that the areas would be left in the same condition as before. She also complained that culverts under her driveways had been removed, her fence had been taken down and there was a sink hole where the sewer stub for her property had been placed. She also complained that the City never had an inspector out on site. Attached photos 2, 3, 5, 10, 11 and 12 were taken by Bruce Floyd on April 8th. Bruce Floyd, Construction Supervisor, met on site with Deb at 5:30 pm on April 8 The culverts under both of her driveways were found and Bruce dug around them and reshaped the ditch so that more of the culverts were exposed. Attached photos 4 and 6 were taken by Bruce on April 9 During construction, one section of her fence had been taken down and reinstalled. Bruce left her with a claim form to fill out if she needed to have the fence reinstalled "correctly ". She then said that the fence was probably acceptable. Premiere Excavating has been contacted and they will fix the sink hole on April 13 and reshape the ditch. The City doesn't have the manpower to have an inspector dedicated to just one project. However, an inspector was on site for at least a couple of hours every day. ® Paula White complained that the neighborhood was no longer safe, that the ditch and culverts that they had worked with the County to have installed wer gone, that her driveway was too steep because the contractor kept making the road higher and that the • value of her property had diminished because of this project. The culverts and ditch are addressed in previous paragraphs. As part of this contract, the contractor was required to reshape the profile of the road and add a couple of inches of rock to form a more stable base for the bituminous surface treatment that was applied. However, the profile of the road was not raised more than a couple of inches. Attached photos 7 to 9 show her driveway. Linda Gordner complained that her mother's yard had been torn up and was reseeded with orchard grass that wouldn't grow. As part of this contract, it was necessary to perform construction activities in a couple of yards. Mrs. Gordner's mom's yard was disturbed as a result of this contract. Where the yard had been disturbed, rock spoils were removed, topsoil was brought in and lawn grass seed was planted. For whatever reason, the seed didn't take, and it was reseeded several times. However, the seed never came in acceptably. This seed had worked in other nearby yards acceptably, including Doug and Linda Gordner's yard. Sod was placed in Mrs. Gordner's mom's yard in the fall. Doug Gordner complained that some of the properties still had some problems without going into detail. He stated that his mother -in -law's yard had been repaired and that they had a dead arborvitae. Bruce met with Mr. Gordner at 10:40 am on April 8` Attached photo 1 is of the arborvitae. The arborvitae has new growth on it, it had just been planted 90 degrees different from how it was originally planted. Bruce gave Doug a claim form, if they wished to replace the arborvitae. Doug acknowledged that the tree was alive and would most likely fill in eventually. Other property owners met with Engineering staff following the hearing. These concerns are being dealt with. • • ORDINANCE NO. 2010- AN ORDINANCE, of the City of Yakima, Washington, approving and confirming the final assessment roll for Local Improvement District No. 1060, which has been created and established for the purpose of paying the cost of certain sewer system improvements; and levying and assessing the amount thereof against the lots, tracts, parcels of land and other property shown on said roll. WHEREAS, an assessment roll levying special assessments against the properties located in Local Improvement District No. 1060 ( "L.I.D. 1060 "), in Yakima, Washington, created under Ordinance No. 2006 -53, was filed with the City Clerk of the City of Yakima as provided by law; and WHEREAS, notice of the time and place of a hearing on and of making objections to the assessment roll was duly published at and for the time and in the manner provided by law, fixing the time and place of hearing thereon for the 20th day of April 2010, at the hour of 7:00 p.m. in the Council Chambers, Yakima, Washington, and further notice thereof was duly mailed by the City Clerk to each property owner on the roll; and WHEREAS, at the time and place fixed and designated in said notice, the hearing on the assessment roll was duly held and the Council, sitting as a board of equalization, gave due consideration to all written and oral protests received and all persons appearing at said hearing; III NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The Council, sitting as a board of equalization and having made all revisions to the roll it deems necessary, hereby finds and determines that the final assessment roll for LID 1060 is just and equitable and that no assessment against property within LID 1060 is greater than the special benefits to be derived from the improvements. Accordingly, the final assessment roll, in the total amount of $415,262.02, - $25,381.13 from Wastewater contribution & - $14,000.00 from Nob Hill Water contribution, resulting in a total value to be apportioned to participating properties within the LID of $375,880.89, and is hereby approved and confirmed, and the assessments set forth therein are hereby levied against each lot, tract and parcel of property described in the roll. Section 2. The Clerk of the City is hereby directed to place in the hands of the Finance Director of the City for collection the final assessment roll for LID 1060. Upon such placement, the amount of each assessment set forth in the roll, together with any interest or penalty imposed from, time to time shall become a lien against the property so assessed. The lien shall be paramount and superior to any other lien or encumbrance whatsoever therefore or thereafter created, except a lien for general taxes. Section 3. Upon receipt of the final assessment roll for LID 1060, the Finance Director of the City is hereby directed to publish notice at the times and in the manner required by RCW 35.49.010, stating that the roll is in his /her hands for collection and that such assessments or any portion thereof may be paid to the City at any time within 30 days from the date of the first publication of such notice, without penalty, interest or costs. 0 Section 4. The amount of any assessment, or any portion thereof, against property in LID 1060 not paid within the 30 day period from the date of the first publication of the Finance Director's notice shall be payable in 10 equal annual installments, together with interest on the diminishing 0 principal balance thereof at a rate of 5.25% per annum. Interest shall commence on the 30 day following first publication of such notice. The first installment shall become due and payable one year from the expiration of the 30 day prepayment period. Annual installments, including interest and any penalty, shall be paid in full when due, and no partial payments shall be accepted by the Finance Director of the City. Section 5. Any installment not paid when due shall thereupon become delinquent. All delinquent installments shall be subject to a penalty equal to 12% per annum of the amount of the installment, including interest, from the date of the delinquency until paid. Section 6. The lien of any assessment may be discharged at any time after the 30 day prepayment period by payment of the entire principal amount of the assessment remaining unpaid together with interest thereon to the due date of the next installment. Section 7. If any one or more of the provisions of this ordinance shall be declared by a court of competent jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed severable from the remaining provisions of this ordinance and shall in no way affect the validity of the other provisions of this ordinance. Section 8. This ordinance shall be in full force and effect 30 days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of 2010. III Michah Cawley, Mayor ATTEST: Deborah J. Kloster, City Clerk Publication Date: Effective Date: III D .. 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