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Home My WebLink AboutR-1996-150 Sewer Agreement & Conveyance / Don G. WilsonRESOLUTION NO. R-96-150 A RESOLUTION authorizing 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 Don G. Wilson. WHEREAS, Don G. Wilson 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, Don G. Wilson paid all the costs and expenses for installation of said improvements; and WHEREAS, the City and Don G. Wilson 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 Don G. Wilson 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 Don G. Wilson. ADOPTED BY THE CITY COUNCIL this 19th 1996. ATTEST: day of November i LY BUCHANAN, MAYOR CITY CLERK Eng. & Util. Engr. D Wilson 4 est riwf 610 SEWER UTILITY SYSTEM � REIMBURSEMENT AGREEMENT AND CONVEYANCES : ,., ,,., „. / ?-"(// THIS AGREEMENT made and entered into this 19th day of November , 1996 , by and between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and Don G. Wilson, 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 constitutes 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 35.91.02; 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; 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 Assessor's Parcel Number 181328-13406 Legally described as Yakima Valley Orch. Trs: N 1/2 of Fol Desc Tr. E 348 FT of Lot 3 EX S 672.54 FT EX N 312.93 FT EX E 16 FT EX W 25 FT RD R/W Yakima County Assessor's Parcel Number 181328-13407 Legally described as Yakima Valley Orch. Trs: S 1/2 of Fol Desc Tr. E 348 FT of Lot 3 EX S 672.54 FT & EX N 312.93 FT & EX E 16 FT & W 25 FT RD R/W. Yakima County Assessor's Parcel Legally described as Yakima TR 3, TH E 305 FT, TH N 289.98 W 44.5 FT, TH N 88^47' 15 W 105 Number 181328-13449 Valley Orch. Trs: BEG 660 FT S OF NW COR FT, TH N 88^47' 15 W 191 FT, TH N 24^56' FT, TH S TO BEG 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 public sewer main extension on South 53rd Avenue, north from Nob Hill Boulevard for approximately 850 lineal feet. The Developer certifies that the total cost of said improvement construction is $46,305.08. 3. Compliance represents that applicable codes Eng. & Util. Engr. D Wilson 1 with Applicable Codes/Regulations. The Developer said sewer utility system improvements comply with all and regulations of the City of Yakima. The Developer agrees vai. 1543PAEE1084 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. 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 on or connect to said improvement, all subject to the laws of the City of Yakima, the State of Washington, and the provisions of this Agreement. The pro -rata per front lineal foot is $28.841173; provided that in no event shall the Developer be reimbursed for any amount greater than $19,396.85. 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 sewer utility system. The Developer agrees to 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 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. Eng. & Util. Engr. D Wilson 2 VOL. I543PAGE1085 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. DATED THIS 19th DAY OF November , 1996 . CITY OF YAKIMA, WASHINGTON, a Municipal Corporation BY Dick, Zais, City Manager ATTEST: City Clerk STATE OF WASHINGTON ) ss County of Yakima DEVELOPER Don G. Wilson CI7Y CONTRACT NO: RESO.VTION NO: I certify that I know or have satisfactory evidence that 7 (,b% Cr. i.O. 16ov signed this instrument and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. DATED this ++1 day of ALtie Yvl. it,' i' , 1996. PRINTED NAME ‘4. v!-( Notary Public in and for the State of Washington residing at My Commission expires: Eng. & Util. Engr. D Wilson 3 J/ voi. I543PA6E1086 DON G. WILSON SEWER MAIN REIMBURSABLE AGREEMENT EXHIBIT A Properties benefiting from Don G. Wilson Sewer Main Extension, City Project No. 1664 Connection Rate: $ 28.841173 per front lineal foot Parcel No. & Legal Description Assessor's Parcel Number 181328-13406 Legally described as Yakima Valley Orch. Trs: N 1/2 of Fol Desc Tr. E 348 FT of Lot 3 EX S 672.54 FT EX N 312.93 FT EXE 16 FT EXW25FTRDR/W Assessor's Parcel Number 181328-13407 Legally described as Yakima Valley Orch. Trs. S 1/2 of Fol Desc Tr. E 348 FT of Lot 3 EX S 672.54 FT&EXN312.93 FT & EX E 16 FT & W25FTRDR/W Assessor's Parcel Number 181328-13449 Legally Described as Yakima Valley Orch Trs BEG 660 FT S OF NW COR TR 3, THE 305 FT, TH N 289.98 FT, TH N 88/47'15 W 191 FT, TH N 241\56' W 44.5 FT, TH N 881'47'15 W 105 FT, TH S TO BEG Assessor's Parcel Number 181328-13409 Legally Described as Yakima Valley Orch. Trs: N 100 FT OF S 430 FT OF E 348 FT EX E 16 FT YVT R -W & EX CO ROAD ON WEST Assessor's Parcel Number 181328-13410 Legally Described as Yakima Valley Orch Trs: W 320 FT of N 330 FT of S 660 FT of Lot 3 EX W ST R/W Reimbursable Amount -0- (Owned by Developer) -0- (Owned by Developer) -0- (Owned by Developer): $ 2,884.12 $ 9,517.59 voi. I543PbGE1087 Parcel No & Legal Description Reimbursable Amount Assessor's Parcel Number 181328-13425 Legally Described as Yakima Valley Orch Trs: N 110.07 FT of S 672.54 FT of W 186 FT of E 348 FT EX Road on W Assessor's Parcel Number 181328-13426 Legally Described as Yakima Valley Orch Trs: N 242.54 FT of S 672.54 FT of E 348 FT EX E 16 FT&EXN 110.07 FTofS 672.54 FT ofW 186 FTofE348FTEXRDonW $ 3,174.55 $ 3,820.59 TOTAL REIMBURSABLE AMOUNT $ 19,396.85 vol. I543Pb6E10SS T w 1 co (1) Don G. Wilson Sewer Main Reimbursable Agreement ttl— ij W NOB HI z Scale- lin = 500ft 0 250 500 4,1r City of Yakima, Washington cts November 05, 1996 ‘101. 1543P46E1089 0 porc \\icAez G*L, L 1.3 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I to For Meeting Of 11/19/96 ITEM TITLE: Resolution authorizing the execution of a Sewer Main Reimbursable Agreement/Don G. Wilson SUBMITTED BY: Glenn Valenzuela, Director Department of Community & Economic Develo CONTACT PERSON/TELEPHONE: Al Rose, Project Engineer / 575-6139 Mary Lovell, Engineering Tech I / 575-6137 SUMMARY EXPLANATION: A sewer main was installed to provide service to existing residential property. All costs of the sewer line were paid by Don G. Wilson. The Sewer Reimbursable Agreement in compliance with RCW is the means by which Don G. Wilson may recover a portion of the construction costs. Resolution X Ordinance _ Contract X Other (Specify)Agreement / Map Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends City Council approval of the attached agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. Resolution No. R-96-150 Legal/BD Agenda C 1