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HomeMy WebLinkAbout01/08/2008 15 Sanitary Sewer Side-sewer Stubs Reimbursable Agreement and Conveyance BUSINESS OF THE CITY COUNCIL • YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 15 For meeting of January 8, 2008 ITEM TITLE. A resolution authorizing the execution of a reimbursable agreement and conveyance for sanitary side -sewer stubs SUBMITTED BY William R. Cook, Director, Community and Economic Development CONTACT PERSON/TELEPHONE. Al Rose, Project Engineer / 575 -6139 SUMMARY EXPLANATION Mr Casey Kitt has, at the request of and with the approval of the City of Yakima, installed two (2) sanitary side -sewer stubs four (4) inches in diameter along the west side of the following pipeline constructed by him during development of a new short plat on North 80th Avenue, said pipeline being described as beginning at the end of the existing sanitary sewer located in North 80th Avenue approximately 23 feet west of the southwest corner of said short plat and extending northerly in North 80th Avenue to a new cleanout at approximately 36 feet west of the northwest comer of said short plat. The stubs were requested to be installed as a standard requirement to provide for future sewer connections to properties fronting along the new pipeline without having to excavate into an established roadway The attached resolution authorizes the City Manager to execute a reimbursable agreement and conveyance for these stubs. The maximum reimbursement is $357 42. Resolution X Ordinance Agreement X Funding Source APPROVED FOR SUBMITTALAP.._,, .._ City Manager STAFF RECOMMENDATION Adopt resolution BOARD /COMMISSION RECOMMENDATION - COUNCIL ACTION RESOLUTION NO. R -2008- A RESOLUTION authorizing the City Manager of the City of Yakima to execute a reimbursable agreement and conveyance for sanitary side -sewer stubs WHEREAS, Mr Casey Kitt, in reliance on potential reimbursement pursuant to RCW 35 91 020, installed two sanitary side -sewer stubs to provide for service to two parcels of land not owned by him during his construction of a sanitary sewer pipeline extension for his short plat development on North 80th Avenue, and WHEREAS, said pipeline and stubs were requested to be installed as a standard requirement to provide for future sewer connections to properties fronting along the new pipeline without having to excavate into an established roadway; and WHEREAS, Mr Kitt paid all expenses related to installation of said improvements, and WHEREAS, the City and Mr Kitt agree that the construction and installation of said improvements is in the public interest and in furtherance of public health and welfare, and WHEREAS, it is in the best interest of the City to enter into a sanitary side -sewer stub reimbursable agreement and conveyance with Mr Kitt 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 is hereby directed to execute the attached sanitary side -sewer stub reimbursable agreement and conveyance ADOPTED BY THE CITY COUNCIL this 8 day of January, 2008 David Edler, Mayor ATTEST City Clerk • City of Yakima City Clerk 129 North 2nd Street Yakima, WA. 98901 SANITARY SIDE -SEWER STUB REIMBURSEMENT AGREEMENT AND CONVEYANCE THIS AGREEMENT made and entered into this day of , 200, by and between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and Casey Kitt, hereinafter referred to as "DEVELOPER ", WHEREAS, the Developer, in reliance on potential reimbursement pursuant to RCW • 35 91 020, installed certain Sanitary Sewer pipelines and appurtenances thereto, including the Sanitary side -sewer stubs at, near, or within the below - dcscribed property and connected same to the City's Utility System so that such improvements constitute 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 owner or user was available to share in the cost and expense of construction of such improvements and the party hereto having in mind the provisions and terms of RCW 35 91 020; 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 welfare, 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 was the owner of the following described property Parent Parcel No 181320 - 23453, Now Short Plat recorded under Auditor's File No 7487592 • 2 Sanitary Side -sewer Stubs four (4) inch The Developer in connection with the above - described property installed the following described Sanitary Sewer Pipeline improvements An eight (8) inch Sanitary Sewer pipeline with four (4) inch diameter Sanitary • Side -sewer Stubs to each new parcel in the Short Plat and to two (2) existing parcels fronting along the portion of the pipeline extended to said Short Plat together with all appurtenances necessary to provide City of Yakima Sanitary Sewer service to said Short Plat and said parcels fronting along the pipeline The portion of the pipeline pertaining to this Reimbursable Agreement being described as follows Two (2) Sanitary Side -sewer Stubs four (4) inches in diameter along the west side of the following pipeline; beginning at the end of the existing Sanitary Sewer located in North 80 Avenue approximately 23 feet west of the Southwest Corner of said Short Plat and extending northerly in North 80 Avenue to a new cleanout at approximately 36 feet west of the Northwest Corner of said Short Plat. Total length of said stubs being 55 feet combined. The Developer certifies and agrees that the total cost to developer of said four (4) inch diameter Sanitary Side -sewer Stubs construction, after deduction of ineligible costs is 5357.42 3 Compliance with Applicable Codes /Regulations. The Developer represents that said improvements comply with all applicable codes and regulations of the City of Yakima. The Developer agrees that said 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, v, Nether for labor or materials, have been or will be paid in full, all at the Developer's sole expense Developer will defend, indemnify, and hold the City harmless from any and all liability in connection therewith. 5 Reimbursement for Improvements. The legal descnptions of the properties affected by this Agreement are included in Exhibit "A ", and a map outlining the land affected by the terms of this Agreement is contained in Exhibit `B" Exhibits "A" and "B" are attached and hereby incorporated into this Agreement. The total cost of said improvements, less Deductions for costs already reimbursed, shall be utilized to determine the pro -rata reimbursement from the City to the Developer for real estate, for which the owners did not contribute to the onginal cost of said improvements, and who subsequently wish to connect to said improvements, 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 cost for each parcel subject to this reimbursable Agreement shall be as follows Yakima County Parcel 181319 -14413 5194 96 Yakima County Parcel 181319 -14412 S162 46 • III Provided that in no event shall the Developer be reimbursed for any amount greater than $357.42 No person, firm, corporation, or other entity shall be granted a permit or be authorized to connect to said Sanitary Side -sewer Stubs during a period of fifteen (15) years from the date of acceptance of said improvements by the City Engineer pursuant to Section 9 of this Agreement, without first paying at the time of connection a Sewer Connection Charge to the City, as established by City Code Within Thirty (30) days after receipt of said sewer connection charge the City shall pay to the Developer the above pro -rated amounts out of the connection charges received, in accordance with the terms of this Agreement. Upon the 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 authonzed representative in determining or computing the amount of the Connection charge for said improvements shall be final and conclusive in all respects Provided further that in accordance with the provisions and terms of RCW 35 91 020(3), every two (2) years following the date of this reimbursable contract the Developer shall provide the City with infolination regarding the current contract name, address, and telephone number of the person that originally entered into this contract. If the Developer fails to comply with the notification requirements of this subsection within sixty (60) days of the specified time, then the City may collect and retain any reimbursement funds owed to the Developer under the contract. Such S funds shall be deposited in the capital fund of the City 6 Conveyance of Improvements to City. Following inspection and approval of said Sanitary Sewer Improvements by the City Engineer, the improvements were accepted and made a part of the City of Yakima utility system on November 7, 2005 The Developer agrees to convey, transfer and assign the City all right, interest, and title in and to said improvements and all appurtenances and accessoncs thcrcto, 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 has fulfilled his obligation to guarantee workmanship and materials of said Sanitary Sewer improvements, and to defend, indemnify, and hold harmless the City from any and all liability claimed by a third party due to faulty workmanship and materials for a penod 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 Sanitary Sewer system 8. Extension /Addition. The City reserves the nght, 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 • : ach Recordation. This Agreement shall be recorded by the City Clerk with the Auditor of 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 acceptance of said improvements by the 41) City Engineer, 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, dunng the term of this Agreement, be rendered useless by the redesign, or reconstruction of a portion of City's Sanitary Sewer system facilities, such deteimination 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 DAY OF , 200_ CITY OF YAKIMA, WASHINGTON, DEVELOPER a Municipal Corporation By Casey Kitt By R.A. Zais, City Manager ATTEST City Contract No Resolution No City Clerk 0 STATE OF WASHINGTON ) ss County of Yakima ) I certify that I know or have satisfactory evidence that Casey Kitt is the person who appeared before me and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument DATED this day of 7 2 00 _7 Notary Public, in and for the State of Residing at My Appointment expires • SANITARY SIDE -SEWER STUB REIMBURSEMENT AGREEMENT AND CONVEYANCE EXHIBIT "A" Properties benefiting from the extension of the herein described Sanitary Side -sewer Stub construction, City Project No 2130 Parcel No & Leal Description Reimbursable Amount 181319 -14413 $194 96 Lot 2 Sutton Addition, Vol X of Plats, page 17 181319 -14412 $162 46 Lot 1, Sutton Addition, Vol X of Plats, page 17 TOTAL REIMBURSEMENT $357 42 • SANITARY SIDE SEWER STUB II EXHIBIT B jx REI MBURSABLE \\ OWNER SHORT PLAT Reimbursable Agreement 11456 W 11491 11490 �: 2 23436 DRIVE 23443 S19 R 11434 23434 23432 23431 23413 1143: 23435 11488 23433 i '18 23416 11459 23444 23418 23417 23419 14401 14402 14403 14404 14405 23420 23421 OPLAR VIEW WAY POPLAR VIEW W AsI 23426 m 1 - • 14436 14408 14407 14406 23422 y 23423 23424 23425 23449 CC 14423 23452 \4 466 \ \ \ 23490 23491 14433 14424 / \\ \ \ \ \ \\ i \ \ W 23489 � 23492 23442 N :23465 \ , W \ , , ,\�; 23488 \ / 23493 — Q 14432 14425 14422 // , . � \ \ \ \\ 2 3487 N \\ 23494 23470 : 134 68 23486 Z 23495 — >• 14431 14426 14421 14414 23464 23463 23461 23485 al 23496 N ROWNE AVE > 14420 14415 23462 -I 23439 — Z Q 23484 4 23497 a 14430 14427 w Ivy Ave 23474 23483 23498 23503 _ CA 14419 14416 \____c z 23482 23499 14429 14428 14418 14417 23471 23472 23473 23481 / \ 23500 23502 23501 IEW AVE SUMMITVIEW A / \ / \ 41400 32542 32523 32414 32503 32504 z 41401 32541 0 32524 32415 '01408 41409 41016 41402 32505 32506 32540 = 32525 32416 " i4 o4 Ye Scale -1 in = 200ft ° • • V� ' City of Yakima, Washington - - 200 I August 01, 2007 ‘4„„1.• r.Im1071.