HomeMy WebLinkAboutR-1997-021 Agreement / Water Utility System Reimbursement / Richard HernandezRESOLUTION NO. 97-21
A RESOLUTION authorizing the City Manager and City Clerk of the City of
Yakima to execute a Water Utility System Reimbursement
Agreement and Conveyance between the City of Yakima and,
Richard Hernandez.
WHEREAS, Richard Hernandez in reliance on potential reimbursement
pursuant to RCW 35.91.020, installed certain water lines and appurtenances thereto
and connected same to the City's water utility system so that such improvements
constitute an integral part thereof; and, and
WHEREAS, Richard Hernandez paid all the costs and expenses for installation
of said improvements; and
WHEREAS, the City and Richard Hernandez 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 Water Utility
System Reimbursement Agreement and Conveyance with Richard Hernandez
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 Water System Reimbursement Agreement and
Conveyance with Richard Hernandez.
ADOPTED BY THE CITY COUNCIL this 4th day of February
1997.
LYNN BUCHANAN, MAYOR
ATTEST:
CTTY CLERK
Eng. & Util.
Engr. AA.1 -- 6
i
Return Address
a 1 W./4 -
Please print neatly or type information
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Reference #'s: 9xv//6-)//6
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Grantors: Grantees:
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Additional grantors pg. Additional grantees pg.
Document 2 Title:
Reference #'s:
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Grantors:
Grantees:
Additional grantors pg. Additional grantees pg.
Document 3 Title:
Reference #'s:
Additional reference #'s on page
Grantors:
Grantees:
Additional grantors pg. Additional grantees pg.
Legal Description (abbreviated form: i.e. lot, blk, plat or S, T, R quarter/quarter) _
Additional legal is on page
Assessor's Property Tax Parcel/Account Number
Additional reference #'s on page
The Auditor/Recorded will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
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Yakima Co, WA
WATER UTILITY SYSTEM
REIMBURSEMENT AGREEMENT AND CONVEYANCE
THIS AGREEMENT made and entered into this 4th day of February ,
19 97, by and between the CITY OF YAKIMA, a municipal corporation located
in Yakima County, Washington, hereinafter referred to as "CITY" and Richard
Hernandez, hereafter referred to as "DEVELOPER";
WHEREAS, The Developer, in reliance on potential reimbursement
pursuant to RCW 35.91.020, 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 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;
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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 No. 181315-12018
Legally described as:
BEG S OO^26'E 124.37 FT OF NW COR, TH S 00^26'E 266.73 FT, TH S
51^51'E 32.96 FT TH N 30^14'E 223.51 FT TO S SR -5 R/W, TH SW'LY AL
R/W TO BEG EX SR -5 R/W
2. Water Utility System Improvements. The following described
water utility system improvements were installed by the Developer in
connection with the above-described property:
A twelve (12) inch public water main extension in the PP&L canal
right-of-way west of N. 40th Avenue and south of SR -12. The project
consisted of approximately 296 lineal feet of ductile iron pipe, one
fire hydrant and one butterfly valve.
The Developer certifies that the total cost of said improvement
construction is $12,338.99.
3. Compliance with Applicable Codes/Regulations. The Developer
represents that said water utility system improvements comply with all
applicable codes and regulations of the City of Yakima. The Developer
agrees that said water 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.
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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 water 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, and who subsequently wishes to tap on 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 $6,169.50; provided that in no event shall the Developer
be reimbursed for any amount greater than $6,169.50.
No person, firm, corporation, or other entity shall be granted to
permit or be authorized to tap into the facility for water 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
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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 water system utility improvements by the City Engineer and
acceptance by the Yakima City Council, the improvements shall be part of
the City of Yakima water 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 water 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 water 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 with 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,
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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 water 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 4th day of February , 19 97 .
CITY OF YAKIMA, WASHINGTON,
a Municipal Corporation
BY
Di k,
crry CCONTRACT $0
RESCIAMOSMdR— 97 -
ATTEST:
STATE OF WASHINGTON
ss
County of Yakima
DEVELOPER
Richard Hernandez
B
I certify that I know or have satisfactory evidence that -A'«d^d-.
l��vrt�vtGl2 is the person who appeared before me, and said person
acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the
of Prem rer surf (,04.6k 1ve.. , a
(,A,',a5fr s &tin corporation, to be the free and
voluntary act of said such party for the uses and purposes mentioned in the
instrument.
Notary Public in and for the State of
0.-)A5/7 i /Adtd=- >Vi , residing at *e i i%241--'
My Commission expires:
5
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Yakima Co, WA
RICHARD HERNANDEZ WATER MAIN REIMBURSABLE AGREEMENT
EXHIBIT A
Properties benefiting from Richard Hernandez Water Main Extension
City Project No. 1606
Connection Rate: $ 6,169.50 per parcel
Parcel No. & Legal Description Reimbursable Amount
Assessor's Parcel No. 181315-12018 -0-
Legally described as: Beg S 00°26' E 124.37 (Owned by Developer)
FT OF NW COR, TH S 00°26' E 266.73 FT,
THS 51°51' E 32.96 FT TH N 30°14' E 223.51
FT TO S SR -5 R/W, TH SW'LY AL R/W TO
BEG EX SR -5 R/W
Assessor's Parcel No. 181315-21012
Legally described as: TH PT OF NE 1/4 NW 1/4
LY S'LY OF ST HWY R/W & NE'LY OF PP&L
CAN R/W
$ 6,169.50
TOTAL REIMBURSABLE AMOUNT $ 6,169.50
C TY OF YAK MA
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Yakima Co, WA
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. IC)
For Meeting Of 2/4/97
ITEM TITLE: Resolution authorizing the execution of a Water Main Reimbursable
Agreement/Richard Hernandez
SUBMITTED BY: Glenn Valenzuela, DirectorA:
Department of Community/&Economic Development
CONTACT PERSON/TELEPHONE: Al Rose, Project Engineer / 575-6139
Mary Lovell, Engineering Tech I / 575-6137
SUMMARY EXPLANATION:
A water main was installed to provide service to existing commercial property. All costs of the
sewer line were paid by Richard Hernandez. The Water Reimbursable Agreement in
compliance with RCW is the means by which Richard Hernandez may recover a portion of the
construction costs.
Resolution X Ordinance _ Contract X Other (Specify) Agreement / Map
Funding Source
APPROVED FOR SUBMITTAL: �� a
City Manager
STAFF RECOMMENDATION: Staff recommends City Council approval of the attached
agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO.R-97-21
Legal/BD
Agenda C 1