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Home My WebLink AboutGonzales, Juan - Reimbursement Agreement for Utility ImprovementsReturn To: Yakima Engineering Division 129 North 2"d Street Yakima, WA 98901 Document Title: REIMBURSEMENT AGREEMENT FOR UTILITY IMPROVEMENTS Gonzales — Sewer Main Extension (South 10th Avenue) LEGAL DESCRIPTION: 1. Lot 7 of McGlothern Country Home Sites No. 2 2. The west half of Lot 8 of McGlothern Country Home Sites No. 2 3. The west half of Lot 9 of McGlothern Country Home Sites No. 2 4. The west half of Lot 10 of McGlothern Country Home Sites No. 2 ASSESSOR'S TAX NUMBER: 181336-13447, 181316-13449, 181336-13542, 181336-13451 REIMBURSEMENT AGREEMENT FOR UTILITY IMPROVEMENTS THIS AGREEMENT is made and entered into between the City of Yakima hereinafter "the City", and ‘,1 OA NO7-4-Ler& hereinafter, "Owner". WHEREAS, the City of Yakima is a Washington optional Municipal Code City, and as such has the power, pursuant to RCW Chapter 35.91 to contract with Owners of real estate for the construction of utility improvements and to provide for partial reimbursement of the costs of such construction, and WHEREAS, the Owner is desirous of developing real estate, and in compliance with City standards will construct utility improvements to serve that real estate and the public, and are willing to convey such improvements to the City as provided herein, and WHEREAS, said facilities will benefit other properties and relieve the developers of those properties form the burden of construction of similar facilities, and Owner should therefore receive reimbursement from the owners of such other properties of a fair share portion of the cost of construction of the facilities, now, therefore, IN CONSIDERATION OF THE MUTUAL BENEFITS and conditions hereinafter contained, the parties hereto agree as follows: 1. CONSTRUCTION OF PUBLIC IMPROVEMENTS. Owner warrants that the utility improvements described in Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full, hereinafter the "Improvements" or "Facilities", will be constructed according to applicable City standards and according to plans approved by the City. All costs for engineering, design, construction and inspection of said facilities, whether incurred by the City or by the Owner, shall be paid by the Owner. 2. BENEFITED AREA AND REIMBURSEMENT FEES. Owner and City agree that the facilities described herein will directly benefit certain property not owned by Owners which is legally described on Exhibit B, attached hereto and incorporated herein by this reference as if set forth in full, by enabling or facilitating development thereof. Pursuant to Chapter 35.91 RCW, the City agrees to charge a share of the costs of constructing said facilities against those owners of real estate located in the area described on Exhibit B who did not contribute to the original cost of the facilities constructed by the Owner under this Agreement, and who subsequently tap into or otherwise use said facilities. The City of Yakima reserves the right to determine if the properties described in Exhibit B must receive service by subsequently tapping into or otherwise using the facilities constructed according to the terms of this Reimbursement Agreement, or if these properties shall be served by other facilities. Nothing in this Agreement shall be construed as obligating the City of Yakima to require that the properties described in Exhibit B tap into or otherwise use or receive services from the facilities for which this Agreement is entered into, if the City determines, in its sole discretion that such properties are better served by other facilities. If a property described in Exhibit B receives service from the City of Yakima by facilities other than those for which this Agreement is entered into, then no reimbursement fee shall be owing of that parcel under this Agreement. The schedule for reimbursement fees is attached as Exhibit C. 3. COSTS OF IMPROVEMENTS. An itemized estimate of the costs of improvements which has been approved by the City Engineer is attached hereto as Exhibit D. Owner shall provide the City Engineer documentation of the actual total costs of construction no later than thirty (30) days after completion of the improvements. In the event that the actual costs are less than the estimated costs by 10% or more, the reimbursement fees shall be recalculated by the City Engineer using actual cost figures and an amended schedule of fees shall be recorded by the City without the necessity for further agreement by the Owner. Owner agrees that actual costs approved by the City shall not result in recalculation of the fees. 4. REIMBURSEMENT TO OWNERS/ADMINISTRATIVE FEE. During the life of this Agreement, the City shall charge and use reasonable efforts to collect such fees as are provided for herein, and upon receipt of such fees shall deduct 6% for the City's costs of administration and remit the remainder to the Owner within sixty days after receipt of the reimbursement fees. Owner agrees that the City shall not be liable for failing to collect any reimbursement fee called for by the terms of this Agreement and shall not be obligated to make any payment to Owner until the reimbursement fee has actually been received by the City. If any person or entity taps into or connects to the improvements without paying the reimbursement fee, then the City may, at its option, either (a) use the City's best efforts and due diligence to collect the reimbursement fees, or (b) assign to the Owner all of the City's rights to collect. If the City assigns the collection rights, the Owner may thereafter make demand of, receive payment from, and at its sole cost and expense commence legal proceedings against the person, firm or other entity who has tapped into or connected to the improvements in order to collect the reimbursement fees. Upon assignment of the rights to collect, the City shall be relieved of any further obligation to collect the reimbursement fees for the Owner. 5. The Owner shall at all times keep the City apprised of Owner's current name, address and telephone number. Owner shall, at a minimum, be required to notify and provide the City with the Owner's current name, address, and telephone number every two years on the anniversary date of this Agreement. If the Owner fails to comply with this notification requirement within sixty (60) days of the specified date, the City may thereafter collect and keep any reimbursement fees owed to the Owner under this Agreement and The Owner shall have no further rights to such fees. The City shall deposit all fees so collected in the City's capital improvement fund. The City shall not be responsible for locating any beneficiary or survivor entitled to benefits by or through this Agreement. 6. LOCAL IMPROVEMENT DISTRICT. The City agrees that, during the term of this Agreement, if a Local Improvement District is established to construct sewer and water improvements which will be connected into or will make use of the facilities constructed under the provisions of this Agreement and such District includes property identified as benefited area described on Exhibit B, the City will include, in the cost of construction of the improvements financed by the Local Improvement District or Utility Local Improvement District and in the assessments of said benefiting property, the reimbursement fees established for said benefiting property. 7. SEGREGATION. Owner agrees that the City shall be authorized to make segregation of, or adjustments to, the schedule of reimbursement fees listed in the attached Exhibit C, if a benefited property is divided through subdivision or if the property(s) area changes through boundary line adjustments. The City shall make the segregation or adjustment generally in accordance with the method used to establish the original reimbursement fees. The segregation or adjustment shall not increase or decrease the total reimbursement fees to be paid. The city may make all such segregation and adjustments without the necessity of further agreement by the Owners and shall effectuate the same by recording a revised reimbursement schedule with the Yakima County Department of Records and Elections. 8. TERMS OF AGREEMENT. The fees provided for in this Agreement shall be a charge due and collected by the City. The City will collect reimbursement fees for a period of 20 years from the date of this agreement. Upon the expiration of said period this Agreement shall terminate and no obligation to pay reimbursement payments shall thereafter arise by virtue of this Agreement. 9. RECORDING. This Agreement shall be recorded with the Yakima County Auditor's Office within thirty days of the date hereof as required by RCW Chapter 35.91. The recording of this notice shall be notice to the Owner of the benefited properties that a reimbursement fee is to be paid at the time of connection to the City Utility system. IN WITNESS WHEREOF the parties have caused this Agreement to be executed This \ ,`A day of .De c r , 20 1 `t . City of Yakima CI -c M 't, me., .ate3r ATTEST/AUTHENTICATED: City Cler Approved as to Form: Offi idf the City Attorney Sfr TATE OF WASHINGTON COUNTY OF YAKIMA Owner SUS 67$3? -17-4-(40-1 Printed Name By CITY CONTRACT NO.`Z7 RESOLUTION NO: /2/42. I certify that I know or have satisfactory evidence that Jua,►)ki 24/.6 S is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated thaey/she was authorized to execute the instrument and acknowledged it as -1).h+ner 4-6 O -P_ the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: \-\ - Attachments: Exhibit A — Description of Improvements Exhibit B — Benefited Area Exhibit C — Reimbursement Fees Exhibit D- Estimated Costs of Improvements ..() KAA77 Notary Public in and for5•Wrians.. e State of Washington, residing at My appointment expires O 0 0 0 0 0 0 U 0 0 0 U 0 O 0 0 • 0 213M3S A21V1INVS M3N N 0 0 O 0 W 332LL Sf10101030 1H011 1332JLS 08V1108 210 1S0d 1V1S303d 3NOHd3131 m 0 83131.1 301A83S 2131VM z O 0 370d 213MOd 3NIl AVM JO 1HO121/A183d021d 0 0 U 30143.3 ONLLSIX3 3 NO Hd3131 0 N fl02JO2J3O N fl 3NOHd3131 0V3H213A0 213MOd Od3H213A0 Z CZ A 0 0 0 0 A C CZ 1101 m D C 0] m z ;Omp CA -i330 �m OCD�1DAm AmAr2orT,0 1 AAmmo CPD ZA Z OO m y 0 DOm D.l10001+10 Z,0 m? N Ani, -°71M0 mCnmonmo< 0D� y r G A m 1000M0pm0 OCDZNDDN2 °MF*�z00 0 A D p A y 26m .mm(C/1DO mZ cn pyfv mD m c D Z 0 Om 10 C 0 z S3,LON TVli3N3O < 00-0 00 0 0 U U 0 0,0 000 >0 -1D =D ZO 0m. .m0 m00 02 a=cmz �n ��mnAD y 71. 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JOB NO. 17085 DWG NAME 17085p1t1 J PLSA ENGINEERING -SURVEYING -PLANNING 821 N. 20TH AVE., YAKIMA, WASHINGTON (609) 576-6990 JUAN GONZALES SANITARY SEWER EXTENSION YAKIMA, WASHINGTON PREPARED FOR JUAN GONZALES 844 NORTH 161ST PLACE, SHORELINE, WASHINGTON 98133 "'REVISION DATE l 1 i1 IS 16TH AVEI N W WASH S 15TH A�/E S 15TH AVE S 14TH AVE F 5 14TH AVE 2 O o IA o5 13TH AVE A s ~ 5 12TH AVE INGTON AVE1 QUEEN AVE , li F QUEEN AVE RA '-2£ o PLEASANT AVE S 11TH AVE 22. 0 6 F S 1181 AVE f� O 3 $ S 10M AVE I 1 o o 5 9TH AVED m ? > S 8TH AVE in0 S 7TH AVE P1 F CORNELL AVE CORNELL AVE F 5 6T1- AVE 0 Z 5 5TH AVE _ S 4T11 AVE S :RD AVE (BROADWAY) l S 10TH AVE, SANITARY SEWER EXTENSION sarwzMoo mvnf DATE 06-01-2017 DRAWN BY T.K.L. CHECKED BY J.L.B. JOB NO. 17085 DWG NAME 17085p1t1 J PLSA ENGINEERING -SURVEYING -PLANNING 821 N. 20TH AVE., YAKIMA, WASHINGTON (609) 576-6990 JUAN GONZALES SANITARY SEWER EXTENSION YAKIMA, WASHINGTON PREPARED FOR JUAN GONZALES 844 NORTH 161ST PLACE, SHORELINE, WASHINGTON 98133 "'REVISION DATE l 0 0 0 0 0 0 0 D O N1D N 00 000 O M O M O O D ZO tramp SrO 7100 7 Z D-1 Of Z Z m71Z pzZ Ey, zo D� D • C oo f=�1� Z N1 m1yn- 71om NC 71D -1 MC 0-0CI N~C 00, ~� 0-o m ~-- f0 S'1m-p1 O� 0-1 D O S X N m m m 0 m 0 D yAy D, 0 Z NAA D N N O X 0m .110 > > ON 3;a Pg In vs.p N ti D W 07,0 Z D S m O 1 , 0 0-(0 D (.Al.g N.< r A -<p Z>_ N SV X 71 >,•1 D11 mD MM 71< 71 Op MM O 0 >N 0 0� N� Np 0 D N71 m$m 0fo�1 Z $ g mm p < p D[n _71 O A m C z Z 71 D r 10 0 N >m O ZD 71 O 02 p 05 Zoo 0 m > a 0 mm mr D ,- D N ° N L 1 DATE 06-01-2017 DRAWN BY T.K.L. CHECKED BY J.L.B. JOB N0. 17085 DWG NAME 17085p1t1 l PLSA ENGINEERING -SURVEYING -PLANNING 521 N. 20TH AVE., YAKIMA, WASHINGTON (509) 575.6990 JUAN GONZALES SANITARY SEWER EXTENSION YAKIMA, WASHINGTON PREPARED FOR -- JUAN GONZALES 844 NORTH 161ST PLACE, SHORELINE, WASHINGTON 98133 REVISION DATE EXHIBIT B SANITARY SEWER MAIN REIMBURSEMENT AGREEMENT Gonzales Sanitary Sewer Main Extension (10th Avenue) Benefitted Areas: Parcel No: 181336-13447 Address: 1713 S. 10th Avenue, Yakima, WA 98902 Owner: Juan and Maria Gonzales Size of Parcel: 17,424 square feet, but only 8,662 square feet benefited as the east half of the lot has access to the Sewer Main in 9th Avenue Legal Description: Lot 7 of McGLOTHERN COUNTRY HOME SITES NO. 2 Parcel No: 181336-13449 Address: 1715 S. 10th Avenue, Yakima, WA 98902 Owner: Mario Villegas Guerrero Size of Parcel: 8,662 square feet Legal Description: The west half of Lot 8 of McGLOTHERN COUNTRY HOME SITES NO. 2. Parcel No: 181336-13542 Address: 1717 S. 10th Avenue, Yakima, WA 98902 Owner: Virginia S. Torbert Size of Parcel: 7,952 square feet Legal Description: The west half of Lot 9 of McGLOTHERN COUNTRY HOME SITES NO. 2 Parcel No: 181336-13451 Address: 1719 S. 10th Avenue, Yakima, WA 98902 Owner: Ronald D. Martin Size of Parcel: 8,449 square feet Legal Description: The west half of Lot 10 of McGLOTHERN COUNTRY HOME SITES NO. 2 1-1-,? ro- Avg COY.,EXCIS. TAX PATE. . 0.8 2015 PAID$ I •Z RE.C.NO. '4t' Yakima d 4 •,,,u i ount3i Tr siuer's 0 Sloe CRAIG SMITH 103 ;. 3rd St. Suite 100 Yakima, WA 98901 111ugi lIIIi111giuiia:iiiuiniiiuiun FILE# 7075805 YAKIMA COUNTY, WA 06/08/2015 01:42:OOPN REAL ESTATE CONTRACT PAGES: 6 CRAIG SMITH Recording Fee: 77.00 REAL ESTATE CONTRACT Dated: Mayo?'Z , 2015 1. Seller, THE LINDA MAPLETHORPE REVOCABLE TRUST, to sell to Purchasers, JUAN GONZALES and MARIA GONZALES, husband and wife, as Purchasers agree to buy from Seller, the following property in Yakima County, Washington: Lot 7, MCGLOTHERN COUNTRY HOME SITES NO. 2, according to the official plat thereof, recorded in Volume "I" of Plats, Page 25, records of Yakima County, Washington. (Parcel No. 181336-13447) SUBJECT TO: Reservations, restrictions, easements, conditions, agreements and disclosures set forth upon the face of said Plat, reference to which is made as though fully incorporated herein. SUBJECT TO: "As Is" condition of the above-described property, with no warranties as to its condition either express or implied, by Seller. 2. PURCHASE PRICE — The purchase price is SEVENTY SIX THOUSAND TWO HUNDRED FIFTY Dollars ($76,250.00). Purchasers agree to pay the balance of the purchase price, together with interest on the deferred balance at the rate of eight (8%) per annum from date hereof as follows: The balance of SEVENTY SIX THOUSAND TWO HUNDRED FIFTY Dollars ($76,250.00) shall be paid in monthly installments of 728.68 or more at purchaser's option, beginning on July %, 2015 and on or before the 1St day of each month thereafter until the entire balance, both principal and interest, shall have been fully paid. The unpaid balance shall at all times bear interest at the rate of eight percent (8%) per annum and from each payment shall be deducted interest to date and the balance shall be applied on principal. All payments shall be made at the place designated by the Seller. Real Estate Contract Yakima Caunty Auditor File tt.7BZ5805 Page_ 1 of 6 Further provided that should any monthly installment payment not be made within Five (5) days of its due date, Purchasers shall pay a ONE HUNDRED Dollars ($100.00) late fee. The Parties agree to establish a true escrow collection account with Escrow Pacific, LLC, Purchasers to pay the set-up fee and monthly fees for said account. 3. POSSESSION -- Purchaser shall be entitled to possession of the property on date hereof. 4. PERSONAL PROPERTY — Title to personal property described above shall remain in Seller until Purchaser has fully performed this contract, and Purchaser hereby grants to Seller a security interest in all of said property, all insurance and other proceeds relating thereto and all property subsequently acquired by Purchaser in substitution thereof as security for the performance of Purchasers obligations herein. Purchaser agrees to execute and deliver to Seller such further documents, UCC Financing Statements and Statements of Continuation which Seller may request to further evidence or perfect Seller's security interests in said property. Purchaser's rights to the property shall be subject to all applicable terms and conditions of this contract. Personal property shall be maintained in good condition and not disposed of by Purchaser without written consent of Seller. All personal property shall remain on the real property described above, provided temporary removal shall be permitted for making of repairs and/or where the intended use of the property, such as vehicles, necessitates temporary removal. 5. ASSESSMENTS AND TAXES — Purchaser shall pay, before delinquency, all taxes, assessments, water rents or water assessments, utility charges, and operation or construction charges not now delinquent, and all levied or assessed against the property and hereafter falling due. In the event any taxes, assessments, rent or charges to be paid by Purchaser are paid by Seller, Purchaser shall promptly reimburse Seller. Upon failure of Purchaser to pay any taxes, assessments, rents or charges to be paid by Purchaser, Seller may, at their option, declare a forfeiture of this contract or pay and discharge any such tax, assessment, rent or charge, and any amount so paid shall be added to and be secured in the same manner as the unpaid purchase price, bear interest at the rate of 1.5% per month, and be due immediately. 6. IMPROVEMENTS — All improvements now or hereafter made to or placed on the property shall become a part thereof and shall not be removed. 7. LIENS, CHARGES AND ENCUMBRANCES -- Purchaser shall pay, before a delinquency of any debts secured thereby, all liens, charges or encumbrances hereafter lawfully imposed on the property, assumed by Purchaser in this contract or subject to which this purchase and sale is made; and shall not allow any part of the property to become subject to liens, charges or encumbrances having priority over the rights of Seller in the property. Notwithstanding anything to the contrary provided above in this Paragraph 7, Purchaser shall not be responsible for any liens or encumbrances (or payment of the obligations secured thereby) imposed upon said property subsequent to the date of this contract by or through Seller unless such liens, encumbrances or obligations are expressly assumed by Purchaser, 2 Real Eatate Contract - 1,. e 1 _ 1 _EII Jf 8TL RQ5 Page 2 of 6 8. EXISTING MORTGAGE OR SECURED OBLIGATION — Unless otherwise provided herein, if there is a mortgage or other secured obligation on the property, Seller shall keep the same current at all times, satisfy the same of record upon or prior to satisfaction of this contract, and indemnify, defend and hold Purchaser harmless with regard thereto. If Seller fails to make any payment there under. Purchaser may do so and, at Purchaser's election (a) receive credit therefore against the next due payments hereon, or (b) demand reimbursement from Seller, together with interest thereon at 1.5% per month, and institute suit to collect the same. 9. CONDITION OF PREMISES, UPKEEP AND CROPS — Purchaser shall maintain the property and all improvements now or later placed on the property in a good state of repair, shall not make any material alterations without the written consent of Seller andshall not allow or commit any waste. Purchaser shall farm all farm and orchard land in a good husbandlike manner, according to the customary standards of such farming in the area in which the property is situated, without unnecessary interruptions or delays, and shall furnish all labor, machinery, supplies, equipment and everything else necessary for such farming operations. Breach of this provision shall entitle Seller, upon the giving of three (3) days written notice, to go upon the property and perform such services and acts as are necessary to comply with this provision. The necessary costs and expenses of these services and acts shall be considered an indebtedness immediately payable to Seller, and which Seller has the right to collect, or at Seller's option, shall be considered an obligation under the contract, shall be added to the principal of the contract, and shall bear interest at the contract rate from the date that the indebtedness was incurred. The methods of giving notice as herein proved shall be in the same manner as provided for RCW 61.030.050 (2) (b) and (3). 10. USE OF PROPERTY — Purchaser shall not make nor allow any unlawful use of the Property. 11. INSURANCE -- Purchaser shall insure with companies satisfactory to Seller the buildings now or hereafter placed on the property and all personal property included in this contract in the sum of not less than its full insurable value not later than Seven (7) days from the date hereof, with loss thereunder payable first to any mortgage who is such at the time of the execution hereof, then to Seller, then to Purchaser, as their respective interest may appear. The policy shall be held by Seller or mortgagee. In the event of destruction of or damage to any said buildings or personal property and the collection of insurance during the life of this contract, the money received on said insurance may, at the option of Purchaser, be used in the restoration of said improvements, provided that Purchaser is not at the time in default under the provisions of this contract, and subject to the terms of any mortgage on the property. If Purchaser fails to procure insurance, Seller is authorized to do so, and the cost may be added to the balance due hereunder and shall bear interest at 1.5% per month, and shall become due immediately, or Seller may, at Seller's option, forfeit this contract for the failure of Purchaser to procure insurance. 3 Real Estate Contract - Yaklma Cnunty Auditor File # 7875805 Page 3 of 6 12. CONDEMNATION -- If the property or any part shall be taken and condemned such taking shall not be a ground for rescission of this contract. The award made for the taking shall be deemed to be the property of Purchaser, but shall be paid to Seller to apply upon the purchase price, not exceeding any amounts then unpaid hereunder. 13. ASSIGNMENT OR TRANSFER — The Purchaser shall not assign this contract without the written consent of the Seller. The Seller shall not unreasonably withhold such consent; and, once given, such consent shall not waive the requirements of this paragraph as to any subsequent assignment of this contract. 14. DESTRUCTION OF PROPERTY — In the event of damage to or destruction of any buildings or improvements upon the property, such damage, as between the parties, shall be the loss of the Purchaser and shall not be a ground for recession of this contract or abatement of purchase price. 15. DEED — When Purchaser has fully performed this contract, Seller shall execute and deliver to Purchaser a statutory warranty deed conveying the property free and clear of all encumbrances, except any encumbrances agreed to by Purchaser. Warranties of Seller are limited to the date of contract, except for affirmative acts of Seller thereafter. 16. TITLE — Seller shall obtain a standard purchaser's form policy of title insurance showing insurable title in Seller as of the date of this contract, excepting matters herein expressly agreed to be Purchaser or herein expressly provided to be satisfied hereafter by Seller, and insuring Purchaser for the amount of the purchase price of the real property to be sold. 17. SELLER'S REMEDIES — Time is of the essence of this contract. if the Purchaser fails to make any payment or perform any obligation hereunder, Seller shall be entitled to exercise all right and remedies as allowed by law or equity, including the right to elect one or more of the following remedies: (1) To forfeit this contract under RCW 61.30, in which event, without limiting any remedies of Seller as provided by the said statute, all right, title and interest of Purchaser and parties claiming an interest in the real and/or personal property subject to this contract shall be canceled and terminated; alI prior payments shall be retained by the payee thereof; all improvements shall be forfeited; and Seller shall be entitled to possession of the real property, which right may be enforced under the provisions of RCW 59.12. (2) To declare all amounts payable under this contract immediately due and payable and institute suit to collect such amounts, together with reasonable attorney's fees; provided if within thirty (30) days after commencement of such action, Purchaser cures the default(s) and pays to Seller, Seller's actual attomeys' fees incurred and other taxable costs of suit, this contract shall be reinstated. (3) To commence an action for the collection of past due payments or obligations arising prior to the date of judgment. (4) To commence an action for specific enforcement of Purchaser's obligations under this contract (including redress by either a mandatory or prohibitive injunction). (5) If Purchaser is in default under this contract and abandons the real and 4 Real Estate Contract - Yakima County Auditor File # 7875805 Page 4 of 6 personal property, if any, subject hereto, pending the exercise or other rights or remedies as provided for herein, Seller may take immediate possession of the real and/or personal property for the purposes of preserving or otherwise protecting the property from loss, damage or waste. 18. NONWAIVER — Failure of Seller to insist upon strict performance of Purchaser's obligations hereunder (e.g., accepting late or partial payments) shall not be construed as a waiver by Seller of strict performance thereafter of all Purchasers' obligations hereunder and shall not prejudice Seller's remedies as provided herein or by law or equity. 19. VENUE — If either party commences an action to enforce their rights under this contract, venue of such action, at the option of Seller, shall lie in Yakima County, Washington. 20. ATTORNEY'S FEES -COSTS — In the event of a lawsuit between the parties to this contract, the prevailing party shall be entitled to recover judgment against the other party for reasonable attorneys' fees and costs (including title and lien searches) incurred either at trial or on appeal. If either party exercises any nonjudicial right or remedy to enforce such party's rights hereunder, it shall be condition for the cure of the default that the defaulting party pay the nondefaulting party's reasonable attorney's fees incurred and all reasonable costs, including costs of service of notices and title and lien searches. Failure to pay such costs and reasonable attorneys' fees shall constitute an event of default under this contract. 21. PURCHASER'S REMEDIES — If Seller defaults with respect to Seller's obligations under this contract, and if such default continues for fifteen (15) days after Purchaser gives Seller written notice specifying the nature of the default and actions necessary to cure the default, Purchaser shall have the right to specifically enforce this contract, institute suit for damages caused by the default or purse any other remedy allowed by law or equity. 22. BINDING EFFECT — This agreement shall be binding upon and shall inure to the benefits of the legal representatives and proper assigns and successors of the parties. SELLER: THE LINDA MAPLETHORPE TRUST nda Maplethorpe, rustee 5 Real Estate Contract - PURCHASERS: JuJu Gonzales ih2� Maria Gonzales Yakima County Auditor File # 7875805 Page 5 of 6 Address of Purchaser: N. //s?- 7>l. Sho i //r2 , Wet3-101:; STATE OF NEVADA COUNTY OF GbAFdK S 11 e kT I certify that I know or have satisfactory evidence that LINDA MAPLETHORPE is the person who appeared before me, and said person acknowledged that she signed this instrument, and on oath stated that she was authorized to execute the instrument and acknowledged it as the Trustee of THE LINDA MAPLETHORPE REVOCABLE TRUST, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. -L.S: GIVEN under my hand and official seal this d q day of May, 2015. yu3y.yy.yy�x;s�.inuw.uxxwul�tfwwuxx KAYLA TELLERS Notary Public - State of Nevada County of Washoe APPT. NO. 14-14057-2 ARS APP. Expires Jun. 11 , 2018 6 Real Estate Contract - Yakima County Auditor File # 7875805 N RY PUBLIC in and for the S : to o Nevada, residing at My appointment expires: Name commissioned Page 6 of 6 COUNTY EXCISE TAX DATE OCT 0 7 2015 PAID $ REC. NO. AL-tc� BY Xeltk Yakima County Trraxuror's Orroc WIIEN RECORDED RETURN TO Name V Lt6Wr 61O�►c//-2 lel Address Y+'4/ Al- /LP �I'// • t"r City, State Zip 9Iisieed ue lkj t 111111111 1111111111111111111111111111111)1111111111111 FILEN 7686589 YAKIMA COUNTY, WA 10/07/2015 01:23:42PN DEED PAGES: 2 FIRST AMERICAN TITLE COMPANY Recording Fee: 73.00 STATUTORY WARRANTY FULFILLMENT DEED ( a577,71.0 The GRANTOR, THE LINDA MAPLETHORPE REVOCABLE TRUST, for and in consideration of Ten Dollars and other good valuable consideration in hand paid, convey and warrant to the GRANTEES, JUAN GONZALES and MARIA GONZALES, husband and wife, the following real estate, situated in the County of Yakima, State of Washington: Lot 7, MCGLOTHERN COUNTRY HOME SITES NO. 2, according to the official plat thereof, recorded in Volume "I" of Plats, Page 25, records of Yakima County, Washington. (Parcel No. 181336-13447) SUBJECT TO: Reservations, restrictions, easements, conditions, agreements and disclosures set forth upon the face of said Plat, reference to which is made as though fully incorporated herein. SUBJECT TO: "As Is" condition of the above-described property, with no warranties as to its condition either express or implied, by Seller. This deed is given in fulfillment of that certain real estate contract between the parties hereto, dated May ria , 2015, and conditioned for the conveyance of the above described property, and the covenants of warranty herein contained shall not apply to any title, interest or encumbrance arising by, through or under the purchaser in said contract, and shall not apply to any taxes, assessments or other charges levied, assessed or becoming due subsequent to the date of said contract. Real Estate Sales Tax was paid on this sale on a.. �l_6Ytf2 ? , 2015, REC. No. L/ 04/79' . Said contract recorded 'mane , 2015, under Auditor's File No. DATED: May 029 , 2015 THE LINDA MAPLETHORPE TRUST By: _ e� i a Maplethorpe, trustee STATE OF NEVADA COUNTY OF&LhRif' VietS hoe 1'4i I certify that I know or have satisfactory evidence that LINDA MAPLETHORPE is the person who appeared before me, and said person acknowledged that she signed this instrument, and on oath stated that she was authorized to execute the instrument and acknowledged it as the Trustee of THE LINDA MAPLETHORPE REVOCABLE TRUST, to be the free and voluntary act of such party for the uses and purposes mentioned in the instniment. GIVEN under my hand and official seal this day of May, 2015. -L.S. KAYLA TELLERS Notary Rata • Sate of Navade County of Washoe APPT. NO. 14-14057 2 My App. Expires Jut. 11, 2018 N iT A PUBLIC in and for the State of Nevada, residing at ' % /t'%rin}biS. PAti My appointment expires' .i :. 201 Its 1 Name commissioned ' y A ' ifpts WHEN RECORDED RETURN TO NAME ,� L ✓ ADDRESS l ♦f l) J. IIII 1/'' (U'tn CITY, STATE, ZIP 1. (A.K-i.•f�l�l X2 _`q-cic)-1-- COUNTY/EXCISE TAX DATE riJ �.� ��-( li PAID$. ( t(.O() RC•NO 31 956 4 BY Yakima County 14 Office STATUTORY WARRANTY DEED X-.tcn��v7 The Grantor, THOMAS RAY BRITTON. Personal Representative for the Estate of Velma Gladys Ward. deceased. Yakima County Probate Case No, 98-4-00028-3, for and in consideration of VALUE RECEIVED, in hand paid, conveys and warrants to MARIO VILLEGAS-GUERRERO. a single person, the following described real estate, situated in the County of Yakima, State of Washington: The West half of Lot 8, MC GLOTHERN COUNTRY HOME SITES NO. 2, recorded in Volume "I" of Plats, Page 25, records of Yakima County, Washington. (Assessor's Parcel No. 181336-13449) Levy Code 338. TOGETHER WITH all water and easement rights appurtenant thereto and all water and access rights possessed by Grantor appertaining thereto. Subject to Grantee's prorate share of real estate taxes and assessments for the current year, which Grantee assumes and agrees to pay. Subject to pro -rata portion of any excess or regular levies not being collected by Yakima County Treasurer by reason of Grantor's tax exempt status, to become collectible in accordance with RCW 84.36.381 to RCW 84.36.389, as amended. Subject to future assessments, if any, by reason of the inclusion of said premises within the boundaries of Drainage District No. 24 and Weed District No. 2. Subject to a 3 -foot wide easement for irrigation, as disciosed by instrument recorded February 14, 1947, under Auditor's File No. 1156650. Subject to easement for public utilities, affecting the East 5 feet, as delineated on the plat of said addition. 1 11011110illitglilt1.11111 7068864 Page. 1 of 2 07!23/1998 11;17A Yakima Ca, WR Subject to pendency of Yakima County Superior Court Cause No. 77-2-01484-5, entitled State of Washington, Department of Ecology, Plaintiff, vs. (Numerous named Defendants), notice of which is given by Lis Pendens recorded under Yakima County Auditor's File No. 2479271, and supplemented by Auditor's File No. 2584358, being an action for the determination of the rights to divert, withdraw, or otherwise make use of the surface waters of the Yakima River Drainage Basin, in accordance with the provisions of Chapters 90.03 and 90.44 Revised Code of Washington. Subject to rights reserved in federal patents, state or railroad deeds; building or use restrictions general to the area; zoning regulations; utility easements of record; rights of way or easements shown on the plat or visible by inspection; and any future adjudication of surface water rights by any appropriate federal and/or state proceeding. Dated Ltj c, ,1998 HOMAS RAY BRITTON, Personal Representative for the Estate of Velma Gladys Ward, deceased STATE OF WASHINGTON ) SS COUNTY OF A ) i) 1 1 certify that I know or have satisfactory evidence that THOMAS RAY BRITTON is the person who appeared before me, and said person acknowledged that he aigned this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it es the Personal Representative for the Estate of Velma Gladys Ward to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and official seal this day of Vk�y 1998• 000111M I Woo • L t....Le . %yi. moi a-.4.--+.. Note Public and for the State of Washington, residing at ,ptA My appointment ex rest ,;(7-. 9 -12.€30.:.2.-- 2 1 C' - 2 111111EIMPEINI11111111101r1r31211711iI7fl. WH Transamenna Title insurance Services 111 1.111011(14 etlim Al III gn1810, Pr) miss; ricton0E0 RETURN TO Nene Virµlltln H. Tnrburt /Adores 1717 So. 10th Avttuuc t/ MN, Stole. :,p Ynkton, WA. 98902 1 10714 Akin' lrnnrnnro0en talo nau:ante Company r.U+le.0 ..1 ,. .. NATO 1 4.2 .e Arc. N0. .iA,t- A tlG�r. Yw"a r•,ronty rwarnm • Ina sl 4,S .PfOW 088 F08Frown USE SC.IIkc►h3[tt rrif�� UIL to kJ 32 61 � Statutory Warranty Deed THE GRANTOR BARBARA HALL, as Personal Representative of the Estate of ETHEL V, RUSSELL, deceased, Yakima County Probate Cause No. 88-4-00609 for and Intensklemlion of Ten Dollars and other good and valuable consideration Inhandpaid,convoyaondwarranlalo VIRGINIAS. TORBER'f, a single person the following destriaH mai stab, situated In the County el YAKIMA , State of Worthington: The West 1/2 of Lot 9, of McGLOTHERN COUNTRY HONE SITES N0. 2, according to the official plat thereof, recorded in Volume "I" of Plate, Page 25, records of Yakima County, Washington. SUBJECT TO' An easement delineated on the face of, or dedicated by, said plat, granted for public utilities; and SUBJECT 'POi Easement for irrigation purposes over the West 3 fent of said premises as dis- closed by instrument recorded December 16, 1942, in Voluble 370 of Official Records, under Auditor's File No. 1013214; and SUBJECT TO' An action pending in Yakin►a County Superior Court tinder Cause No. 77-2-01484-5, notice of which has been given by the racozdirjg of a Lis Pendens filed on October 14. 1977, in Volume 1012 of Official Records, Auditor's File No. 2479271. .Said action is an action wherein the Plaintiff' Department of Ecology, State of Washington, prays for a determina- tion of water rights affecting tho Yakima River Drainage Basin. Defendants are all parties using surface water in said drainage basin. SUBJECT TO' "As is" condition of the above-described property. 1 ANI recenber 4% , da 88 tlA4.L44 HALL, Personal Represent tiU wve of � . the Estate of Ethel V. Russell, deceased STATE OF WASHINGTON STATE OF WASHINGTON MINTY OF......_.YAKIMA 0,, this Ilav rem,nlly appeared osiers me On this ......_ ....._. day el .....,._.....,._..._ _.........».........._,_._..., t9.-...... BARBARA HALL, Personal Representative ore ma the. undenlgned. a Notary PubUa la and lee the State of Wash• Of Estate of E.thel.,.V...RtL4sall,..deseasAgtton, duly mmmtsimwd and .worn, personally app.rtd.....•-"—....__._...... kr mr knrlwn to hr the individual described In and...........»..............................................,......:................,....................._.....,,................. who entitled the within and Foregoing InatrumenI. ate ,„. - and nrknnwhrdged that 8110. . signed the ewe !t'V :[6n1a known to he for President end.........................Secretary, ................ as her . . free and voluntary act and'"''yr yriy. ei.........-............,............_......._._......._...».,................_...._..._. for the tram) and pnrymrs therein meutlopl}I�•'v .” R lien that elteculrd the foregoing hutreenent, and acknowledged astroawnt te be the fere and voluntary act and deed of said torpor. ' '?• ft* the axes and purposes therein mentioned, and on oath stated that Y Ls 't i' ° _r. '.._ .... _... e,Owdsed to worst the said instrument and that the seal i +• .b Is1be corporal. sen) of said corporatlos. / N .:1•l.... , d 'it_ ............. ?ec ,r�� .o,�'t.4Sry tap my hard and official wad hereto seised Ma day and year Ant /.... " " Q:. ....a..�.................... �..... ......... clary Public n a d for the Stats of veory•••„n„r•' Notary Public in and for the Stale of Wasiriggton, tnglonn, residing al......YE My appointment aapkea: . OEN undo, nay hand and 1PB•10 ..NI,.141 Myappointment "99ntmentespdren�.......................... 1 1GI OFitCIAI RtCOROS Pool Na VI 410 Wit. 444 WHEN RECORDED RETURN TO: 4v//NQ IA MAAWAi / 1?iP J. Mille 4 m 4If to 1H1 s /6" ATC COUNTY EXCISE TAX DATE..j.,I _ PAID i 6. - .s REO. NO. a� At f 1 aurOf'I 0 #41.2v4-,' STATUTORY WARRANTY DEED Grantor: (1) McCLELLAN, Michael R. Grantee: (1) MARTIN, Ronald D. Legal Description (abbreviated): The W Y4 of Lot 10, McGlothern Country Home Sites No. 2... Additional Legal on Page One. Assessor's Tax Parcel ID#181336-13451 Reference Nos. of Documents Released or Assigned: THE GRANTOR, MICRAEL R. MCCLELLAN, as hie separate estate, for a valuable consideration, in hand paid, conveys and warrants to RONALD D. MARTIN, the following described real estate, situated in the County of Yakima, state of Washington: The West half of Lot 10, McOLOTHERN COUNTRY HOME SITES N0. 2, as recorded in Volume "I" of Plats, Page 25, records of Yakima county, Washington. Situated in Yakima County, State of Washington. YAKIMA COUNTY ASSESSOR'S PARCEL NO. 181336-13451. SUBJECT TO; 1. An easement affecting the portion of said premises and for the purpose stated herein, and incidental purposes, delineated on the face of, or dedicated by, said plat. Said easement granted for public utilities, and affects portions of said premises as shown on the face of said plat; 2. Reservations contained in deed from the State of Washington recorded in Volume 154 of Deeds, under Auditor's File Number 1026544, reserving to the grantor all oil, gases, ores, minerals, fossils, etc. and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry. -1- 7031477 of 12119/13871210 Yekisa Co, Il Right of State Of Washington or its successors, subject to payment of compensation therefore, to acquire rights of way for private railroads, skid roads, flumes, canals, water, timber, stone, minerals and other products from this and other property, as reserved in deed referred to above; 3. An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, for ' irrigation, in favor of adjoiners, as recorded October 18, 1943, in Volume 374 of Deeds, under Auditor's File Number 1040179. Said easement affects the West 3 feet; 4. Rights reserved in federal patents, state or railroad deeds, building or use restrictions general to the area, zoning regulations, easements, conditions, restrictions, reservations, rights of way, covenants and other servitudes appearing of record or existing in fact aver or upon the property, together with encroachments, claims of adverse possession, prescriptive easements or boundary line disputes visible by inspection or which would be disclosed by survey, and any future adjudication of surface water rights by any federal or state proceeding. DATED this /777 day of AUS04164 , MICHAEL j;(CLELLAN STATE OF WASHINGTON ) ss. County of YAKIMA ) ON THIS DAY personally appeared before me MICHAEry, McCLELLAN, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the sane as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN U II *t .. j_,nd official seal this /7,:h► day of ;fieko AMY M. MCKINNEY ARV pU IC in and for the State of Washington, residing att/tl?V . My Commission Expires; 54-11 . -a- 704 4338 277 12 12/19/1897 121211 Valdes Co, IK EXHIBIT C SANITARY SEWER MAIN REIMBURSEMENT AGREEMENT Gonzales Sanitary Sewer Main Extension (10th Avenue) The estimated eligible project costs to extend this section of sanitary sewer main on 10th Avenue is $47,751.64 (See Exhibit D). The area that could be served by this sewer main extension on the four parcels is 33,725 square feet, resulting in a benefit per square foot of $1.42. Properties benefiting from the extension of the herein described Sanitary Sewer main are: Parcel No. and Legal Description Reimbursable Amount 181336-13449 $12,264.63 The west half of Lot 8, McGLOTHERN COUNTRY HOME SITES NO. 2. 181336-13542 $11,259.33 The west half of Lot 9, McGLOTHERN COUNTRY HOME SITES NO. 2. 181336-13451 $11,963.04 The west half of Lot 10, McGLOTHERN COUNTRY HOME SITES NO. 2. TOTAL REIMBURSEMENT: $35,487.00 City of Yakima Reimbursement Agreement - Summary of Costs Gonzales - Sanitary Sewer Main Extension 1713 S. 10th Avenue Yakima, WA 98902 Tel: (206) 914-6857 Financial Review: Dated: 9/8/17 SUMMARY OF. DOLLARS SORTED BY TASK A B C D E F G 11 Task Order Description Task Order Detail Original Executed Task Order Changes to Amount Task Orders Current Task Order Amount (A+B) Previously Incurred to Date Current Riling Cumulative Incurred to Date (D+E) Contract Amount Remaining (C -F) Percent Spent to Date (F/C) 1 Engineering Fees - PLSA 4,380.00- 4,380.00 4,380.00 - 4,380.00 - 100.00% Permitting Costs - City of 2 Yakima 2,606.94 2,606.94 2,606.94- 2,606.94 - 100.00% Reimbursement Agreement 3 Fee's - City of Yakima 750.00 750.00 - - - 750.00 0.00% - - - - - #D!V/01 Construction Costs - TTC 4 Construction Inc.- - . - - #D1v/ot Mobilization 2,950.00 - - - - #DIV/0t Traffic Control 2,350.00 - - - - #DIV/0! Sanitary Sewer Main Clean Out 2,100.00 - - - - #olv/0! Sanitary Sewer Main 8 -inch 17,595.00 - - - - #DIV/0! Asphalt Patching 7,440.00 - - - - #DIwo! Crushed Surfacing Material 2,976.00 - - - - #DIVrot Sub Total 35,411.00- - - - #DIV/01 Sales Tax 8.2% 2,903.70- - - - #DIV/01 Total TTC Construction 38,314.70 38,314.70 - - - 38,314.70 0.00% - - - - - #DIV/0I Construction Surveying - 6 PLSA Budget 500.00 500.00- - 500.00 0.00% - - - - - - #DIV/01 Quality Control Testing - 6 PLSA Budget 1,200.00 1,200.00 - - - 1,200.00 0.00% - - - - - - #DIV/01 - - - - - - #DIV/01 - - - - - #DIV/01 - - - - - - #DIV/01 Subtotal: Committed Tasks 47,751.64 - 47,751.64 6,986.94- 6,986.94 40,764.70 14.63% Uncommitted Funds- - N/A N/A N/A - N/A TOTALS 47,751.64 - 47,751.64 6,986.94 - 6,986.94 40,764.70 14.63% Page 1 of 1 PLBA ENGINEERING & SURVEYING BRADLEY J. CARD, P.E. SCOTT D. GARLAND, P.E, JIM BRIDGES, P.E. March 28, 2017 Juan Gonzales 844 N. 161" Place Shoreline, WA 98133 JOSEPH W. BAKER, PIS RICHARD L. WEHR, PLS DON LEISCHNER. PI.S RE: Fee Proposal for 1713 S. 10th Avenue, Yakima, WA — Yakima County Parcel ID# 18133613447 Dear Mr. Gonzales, PLSA Engineering and Surveying is privileged to provide the following estimate of fees for the project referenced above. Survey Services PLSA will perform a topographic survey to be used as the basis to determine elevations of the existing sewer main, road profile, and elevations of the building lot. Estimated fees: $1,200 Sewer Utilities Design PLSA will use the topographic survey data to prepare the design of the new sewer mainline extension. The design will also show the location of the sewer service line for your property. The design will be completed to meet the existing City of Yakima development standards for sewer and will be submitted to the City of Yakima for review and approval for final construction. Project specifications for the design shall be shown on the plan sheets construction. Estimated fees: $3,200 Agency Permits and Fees PLSA will prepare and submit the applications for the permits for the project. Due to the nature of the project, there may be several applications for the various permits required prior to construction. The administrative costs to prepare and submit the application materials are included in the above items of work. As the Owner, you will be responsible for the payment of all fees to the City of Yakima. We are prepared to begin work upon your authorization and can accommodate your project schedule. Please do not hesitate to contact us if we can be of any further assistance on this project and I am looking forward to working with you and towards the success of your project. Sincerely, James L. Bridges, PE Engineer PLSA Engineering and Surveying 3/3 lb 7- 521 North 20th Avenue, Suite 3 • Yakima, Washington 98902 • (509) 575-6990 • info@pisaofyakima.com es, Quote To: Phone: Fax: Juan Gonzales, 10th Avenue TTC Construction Inc 12871 Summitview Yakima, WA Contact: Phone: Fax: Juan Gonzales AJ Hechart or Voctor Bohannon 509 728 2534 or 509 654 8278 Job Name: Date of Plans: Revision Date: Preliminary Plans ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 Mobilization 1.00 LS 2,950.00 2,950.00 2 Traffic Control 1.00 LS 2,350.00 2,350.00 3 Sanitary Sewer Clean Out 1.00 EA 2,100.00 2,100.00 4 Sanitary Sewer Main 8 -inch 255.00 LF 69.00 17,595.00 5 Asphalt Patching (4 -inches) 1,860.00 SF 4.00 7,440.00 6 Sidesewer and (2) Clean outs 60.00 LF 50.00 3,000.00 7 Crushed surfacing under Pavement 1,860.00 SF 1.60 2,976.00 GRAND TOTAL 538,411.00 NOTES: Excludes: WSST Testing Surveying Street Break Permit City Fees Price includes the 255 if of 8 -inch sewer main. Price includes (3) tees for the three lots mentioned in the email. ( stub outs and patching for these are not included) Traffic control to close the road and set up a detour for the work. Final asphalt patching assuming 4 -inches will be adequate. I have modified the Manhole and removed these costs however I have added a clean out and left in the cost to core the existing manhole I have added 60 lineal feet and (2) clean out to the home. I had not accounted for the rock under the pavement in the first bed, I have added this item. Page 1 of 1 1 ENGINEERING & SURVEYING BRADLEY J. CARD, P.E. SCOTT D. GARLAND, P.E. JIM BRIDGES, P.E. September 1, 2017 Juan Gonzales 844 N. 161' Place Shoreline, WA 98133 JOSEPH W. BAKER, PLS RICHARD L. WEHR, PLS DON LEISCHNER, PLS RE: Fee Proposal for 1713 S. 10th Avenue, Yakima, WA — Yakima County Parcel ID# 18133613447 Dear Mr. Gonzales, PLSA Engineering and Surveying is privileged to provide the following estimate of fees for the project referenced above. Construction Survey Services PLSA will provide construction staking services for the installation of all the manholes, side services and mainline alignment based upon the approved design. Estimated fees: $500 Quality Control Testing PLSA will provide quality control testing of the backfill material and asphalt placed during construction based upon the City of Yakima specifications for those materials. Estimated fees: $1,200 We are prepared to begin work upon your authorization and can accommodate your project schedule. Please do not hesitate to contact us if we can be of any further assistance on this project. I am looking forward to working with you towards the success of your project. Sincerely, James L. Bridges, PE Engineer PLSA Engineering and Surveying 521 North 20th Avenue, Suite 3 • Yakima, Washington 98902 • (509) 575-6990 • info@plsaofyakima.com