The URL can be used to link to this page

Home My WebLink AboutR-1998-003 Agreement / Sewer System / Stancil / EngineeringRESOLUTION NO. 98- 0 3 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, Bob Stancil. WHEREAS, Bob Stancil 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, and WHEREAS, Bob Stancil paid all the costs and expenses for installation of said improvements; and WHEREAS, the City and Bob Stancil 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 Bob Stancil 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 Bob Stancil. ADOPTED BY THE CITY COUNCIL this day of 3 r4N-UR 1993 . ATTEST: CITY CLERK Eng &1 til. Engr.AA6 MAYOR Return to: City Clerk City of Yakima 129 N. 2nd Street Yakima, WA 98908 Document Title: Sewer Utility System Reimbursement Agreement Grantor: City of Yakima Grantee: Bob Stancil Legal Description: A portion of the SW % of the NE Y4 of Section 36, Township 13 North, Range 18 (See Exhibit A for full listing) Parcel Number: 181336-13471, 181336-13473, 181336-13475, 181336-13477, 181336-13479, 181336-13501, 181336-13497, 181336-13495, 181336-13493, 181336-13492. 11 11 11 11 YAK CITY CLERK 1 1 1 1 1 1 11 111 11 7043757 Page: 1 of 10 02/0311998 04:05F AGR $17.00 Yakima Co, WA SEWER UTILITY SYSTEM REIMBURSEMENT AGREEMENT AND CONVEYANCE THIS AGREEMENT made and entered into this day of 19C�-c? , by and between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and Bob Stancil, 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 Eng. & Util. Engr. AA1 II II II II AK CITY CLERK 1 1 1 II 1111 11 7043757 Page: 2 of 10 02/03/1998 04:05F AGR $ 7.00 Yakima Co, WA 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 Parcels 181336 - 13495 and 181336-13497 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 sewer main beginning at the existing manhole on Spokane Street and extending south approximately 337 feet to a new manhole on South 9th Avenue. The Developer certifies that the total cost of said improvement construction is $25,491.99. 3. Compliance with Applicable Codes/Regulations. The Developer represents that said sewer utility system improvements comply with all applicable codes and regulations of the City of Yakima. The Developer agrees 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. Eng. & Utii. Engr. AA2 11 11 11 11 AK CITY CLERK 1 1 1 1 1 1 1111 11 7043757 Page: 3 of 10 02/03/1998 04:95F AG $17.00 Yakima Co, WA 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, 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 new sewer main will provide service to ten parcels. Eight property owners participated with the Developer in the cost of construction. Share costs for the remaining two parcels are listed on Exhibit A; provided that in no event shall the Developer be reimbursed for any amount greater than $5,944.46. 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 Eng. & Util. Engr. AA3 11 11 1 1 11 AK CITY CLERK 1 1 1 1 1 1 11111111 7043757 Page: 4 of 10 02/03/1888 04:05F AGR $ 7.00 Yakima Co, WA (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. 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. Eng. & Util. Engr. AA4 11 1 1 11 AK CITY CLERK 1 1 1 1 1 1 II 111 1 11 7043757 Rage: 5 of 10 02/03/1998 04:05F AGR $17,00 Yakima Co, WA 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, 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. k e� DATED THIS (;-'" m DAY OF CITY OF YAKIMA, WASHINGTON, a Municipal Corporation BY Dick, Zais, ity Manager ATTEST: City Clerk STATE OF WASHINGTON County of Yakima ss 19 c2.,(57 . DEVELOPER By: Bob Stencil Contract #98-02 Resolution #R-98-03 I certify that I know or have satisfactory evidence that .60k) 6(11.411?-t 0k) %,a1.(_'.ci signed this instrument and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. DATED this /076 day of �� "`" 1997. sE> ~iF S. 11,'g9d\ .../7- '(‘146;47P W AS" Eng. & Udl. Engr. AA5 PRINTED NAME ru ve / Notary Public in and for the State of Washington residing at \,4 -Kin- L_ My Commission expires: 11 11 11 11 AK CITY CLERK 1 1 1 1 1 1 II 1111 11 7043757 Page: 8 of 10 02/03/1998 04:G5F AGR $17,00 Yakima Co, WA BOB STANCIL SEWER MAIN REIMBURSABLE AGREEMENT EXHIBIT A Properties benefiting from Bob Stancil Sewer Main Extension, City Project 9703.04 Parcel No. & Legal Description Reimbursable Amount Assessor's Parcel No. 181336-13471 Legally described as Washington Ave Add: E 1/2 Lot 1 Blk l -0- (Participated with Developer at time of construction) Assessor's Parcel No. 181336-13473 -0- Legally described as Washington Ave (Participated with Developer Add: E 1/2 Lot 2 Blk 1 at time of construction) Assessor' s Parcel No. 181336-13475 Legally described as Washington Ave Add: E 1/2 Lot 3 Blk 1 $ 2,220.85 Assessor's Parcel No. 181336-13477 -0- Legally described as Washington Ave (Participated with Developer Add: Lot 4 Blk 1 at time of construction) Assessor's Parcel No. 181336-13479 Legally described as Washington Ave Add: E 1/2 Lot 5 Blk 1 Also E 135 Ft Lot 6 Assessor's Parcel No. 181336-13501 Legally described as Washington Ave Add: W 1/2 of Lots 20 & 21 Blk 1 Ex E 60 Ft -0- (Participated with Developer at time of construction) $ 3,723.61 11111111111111111111111111111111111111111111 Pag 704e: 375 0£ 7 7 10 YAK CITY CLERK AGR $17,00 YakimalCo, WA 65F Assessor's Parcel No. 181336-13497 Legally described as Washington Ave Add: W %2 Lot 19 Blk 1 Assessor's Parcel No. 181336-13495 Legally described as Washington Ave Add: W %2 Lot 18 Blk 1 Assessor's Parcel No. 181336-13493 Legally described as Washington Ave Add: W%2Lot l7Blk1 Assessor's Parcel No. 181336-13492 Legally described as Washington Ave Add: W V2 Lot 16 TOTAL REIMBURSABLE AMOUNT -0- (Owned by Developer) - 0- (Owned by Developer) - 0- (Participated with Developer at time of construction) -0- (Participated with Developer at time of construction) $ 5,944.46 7043757 Page 8 of 10 02/0311888 04:95F YAK CITY CLERK AR $17,00 Yakima Co, WA Bob Stancil Sewer Reimbursable Agreement M AVE w > \w W WASHI NGT 0 N A 0 P7 21 w w Scale - lin = 200ft 200 City of Yakima, Washington October 30, 1997 Bob Stencil Sewer TO: MEMORANDUM Henry Beauchamp Lynn Buchanan Mary Place FROM: Linda Watkins, City Clerk's Office DATE: January 29, 1998 SUBJECT: Yakima Center Advisory Committee The terms for the Yakima Center Advisory Committee members expire as follows: Richard Ostrander 06-06-1998 Ken Messer 06-06-1999 Tim Peterson 06-06-1999 Thomas Snell 06-06-1997 Skip Semon 06-06-1998 Dick Eckel 06-06-2000 VACANCY / Sheila Kleeman 06-06-1998 Tim McGree (advisory position only) Please note there is a vacant position. Those members expiring this year have also been highlighted. Attached, for your consideration, are the applications which are currently on file for the Yakima Center Advisory Committee. 1. Bev Luby Bartz 2. Cindy Reeves 3. Robert Wheeler 4. Mike Larson Attachments Air Terminal Appoint Memo 11 11 1 1 11 AK CITY CLERK 1 1 1 1 1 1 II 111 1 11 7043757 Page: 10 of 10 02/03/1998 04:05F OR $ 7.00 Yakima Co, WA BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1.3 For Meeting Of 1/13/98 ITEM TITLE: Resolution authorizing the execution of a Sewer Main Reimbursable Agreement'Bob Stancil SUBMITTED BY: Glenn Valenzuela, Director Department of Community & Economic Dev CONTACT PERSON/TELEPHONE: Mary Lovell, Engineering ech 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 Bob Stancil. The Sewer Reimbursable Agreement. in compliance with RCW 35.91.020, is the means by which Bob Stancil 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: Legal/BD Amami. r Bob Stancil Sewer Reimbursable Agreement WASHI NGT 0 N2 1 A Scale - lin = 200ft 0 100 .1.n.Il_ .v.r 200 N City of Yakima, Washington October 30, 1997 Bob Stencil Sewer