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Home My WebLink AboutR-2008-005 Reimbursable Agreement for Side-Sewer StubsRESOLUTION NO. R-2008-05 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 8th day of J uary, 2008. avi• dler, Mayor ATTEST: ko-2)11-14LISPI07?t�. City Clerk Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: SANITARY SIDE -SEWER STUB REIMBURSEMENT AGREEMENT AND CONVEYANCE City of Yakima Contract No. 2008-05 City of Yakima Resolution No. R-2008-05 Party No. 1: Casey Kitt, Developer Party No. 2: City of Yakima Parcel Numbers: Parent Parcel No.: 181320-23453, Now Short Plat recorded under Auditor's File No. 7487592 Affected Parcel Nos.: 181319-14413 and 181319-14412 n 11 BI C TY OF YAKIMA - ENG NEER 1 4 2-0S 7596168 Page: 1 of 7 81/15/2898 83:19P AGR $48,88 Yakima Co, WA City of Yakima City Clerk 129 North 2"d Street Yakima, WA. 98901 SANITARY SIDE -SEWER STUB REIMBURSEMENT AGREEMENT AND CONVEYANCE TI -IIS AGREEMENT made and entered into this /5- day of „Jli,,4 i,,ax , 2008 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"; WI -UREAS, 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 pari 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: I. 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. San itary Side -sewer Stubs four (4) inch The Developer in connection with the above- described property installed the following described Sanitary Sewer Pipeline improvements: 11 11 11 111 TY OF YAK MR - ENG NEER 1 11 11 1 1 11 Page: 68 91/15'2968 e3:19P AOR $46,60 Yakima Co, WR 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 Server 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`x' Avenue approximately 23 feet west of the Southwest Corner of said Short Plat and extending northerly in North 80`x' 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 8357.42. 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 m 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 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 descriptions 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 original 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 Yakima County Parcel 181319-14412 h 11 11 1 11 CITY OE YAK MA -E0 NEER S194.96 8162.46 1 II 1111 11 7596168 Page: 3 of 7 81/15/2888 03:19P SOP $46.99 Yakima Co, WA Provided that in no event shall the Developer be reimbursed for any amount greater than S35 7.42. 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 authorized 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 information regarding the current contract name, address, and telephone number of the person that originally entered into this contract. if the Developer fads 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 funds shall he 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 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 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 period of one (1) year after the City's acceptance of the facilities. The Developer further warrants that said improvements are 01 for use as part of the City Sanitary Sewer System. 8. Extension/Addition. The City reserves the right, without affecting the validity or teens 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 in 11 1 11 ITY Of YAKIMA - ENGINEER 1 r. II 7596168 Page: 4 of 7 81/15/2888 83:19P AGR $48.08 Yakima Co, WA effect for a period of fifteen (1 5) years after the date of acceptance of said improvements by the 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, during the term of this Agreement, be rendered useless by the redesign, or reconstruction or a portion of City's Sanitary 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. N DATED THIS /67 DAY OFJa.+�ar , 2008 CITY OF YAKIMA, WASHINGTON, a Municipal Corporation aisty Manager C City Clerk STATE OF WASHINGTON County of Yakima '-E i%•'r.';`: ?� City Contract No. M&f�t2 DEVELOPER 13y: aseyKitt OUB 71:14 .?1 Resolution No. /� Q�g Q,5 :SS I certify that 1 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 /6 day of Ja,2008 1t1 04 41- 4140,. 1-1 11 II Notary Public, in and for the State of 1,1/4 .Residing at Y,4ivrtG� My Appointment expires ///3/Zo/ 11 1Y Or YAKIMA - ENG NEER 1 II IIII1 11 7596168 Page: 5 of 7 81/15/2908 93:19P AOR $48,06 Yakima Co, WA 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. 21 30: Parcel No. & Legal Description Reimbursable Amount 181319-14413 8194.96 Lot 2, Sutton Addition, Vol. X of Plats, page 17 181319-14412 8162.46 Lot 1; Sutton Addition, Vol. X of Plats, page 17 TOTAL REIMBURSEMENT S357.42 111111y1111J111111,1 11111111 011111 7596168 Page; 8 of 7 01/15/2008 83:19P Re $03.66 Yakima Co, WA ^ SANITARY SIDE �� J�� Q�� STUB �� EXHIBIT B Reimbursable � "�greement .;xE/ mauxSxoLc OWNER SHORT PLAT 11456_'/- '/11491/ // `'`�J14' '/```J�R/vr .~ /' ` `2123436' -' `| ''`�" �� / 23443 ^' ` 23434 | 23413 /�T�g7`�� ./ 114 -'�``- ' -� ! / .i.:_/_:...:_:1.14:3 : i 23435 / 23431 _� ,''� --'-__-- 1148D / -� - ' � - ---.123433 '�� ' 23416 / �'~'��I�� > --'---�~`^ ` - --.,-- __ ,' 11459 .-'----- \ / -^'� '--- ` | ! -• � \ 23444 .' ! ` \ \ ` 23417 /� | � \ � 23418 � `' � _ | �` \ 23419 \ `------ i '/• 14401i 14402 mxo, ..... | ....- 23420 � '',- - } _ — '-`~� /**»y � w�u: 23421 � '--7-' _ ____•._-_-' _-t-- ----- VV�Y -,....._.....ii___ �342G OPL4RV|EvVvY/� ____ p0pL�RV�VVv__--'--- / | F ---------- 14436 --- ---~-'- � | / i�435 � 14408 � 14407 � 14406 | 2J42� | ! | 23423 23424 2342�/ 23449 | - } '-`~� /**oy � w �---' ----- VV�Y -- �342G OPL4RV|EvVvY/� p0pL�RV�VVv__--'--- � | / i�435 ! ! � � � | 2J42� | ! i | 23423 2342�/ | | ) 23466 'i 23490 23491 ! ` 14433 . 14424 � / ! | --- ' .. '' �� 23465 /' '{ 23489 .•1-1-1.-!--.23-4;" �|� l44�3'�� ' 14422 � ' -- ` 14432 | 14425 ' -- '�� _ c� � 23487 | � 23470) 23469 '23468! . 14431 | 14426 14421 14414 | ('--l' �F' | 23486 z i | � � ___ ___�-'' - 2 23j61 !`� - | � 2J464 -r~ 23485 )oo ROWNEm/ . �346� + AVE�� ` �� 14420 14415 cn ! 14430 ! 14427 1 14419 14416 ----'-; --'--- z • | 14429 i 14428 � 14418 14417 | � / � 23493 23494 23495 - 2349G 23442 [-~^ � - --- 23439 ! '' 23484 � 23497 ! | / |�v�o v ` m � ` �23474 2J48� � 23498 � 23503 L `-( `. --_' ; 23482 �| > | � 23499 / --� ` 23471 23472| 23473 23481 ; i IEW AVE 41408 41409 41016 41400 ! 41401 41402 0 /e sm SUMMITVIEW A 32542 ) ! 32523 ' 32414 32503 32504 -- zo 32415 32541 ` S2524 � 32505 32506 32540 ;i 32_575 324t6 ! City of 8��m� ---� Yakima, WashingtonAugust 01, 2007 SANITARY SIDE SEWER STUB 111 11 11 11 111 1 I 11 1 7596168 Page: 7 of 7 18P r BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.44 1 S 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 corner 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. Themaximum reimbursement is $357 42. Resolution X Ordinance Funding Source APPROVED FOR SUBMITTAL. • siduppr Agreement X City Manager STAFF RECOMMENDATION Adopt resolution BOARD/COMMISSION RECOMMENDATION - COUNCIL ACTION SANITARY SIDE SEWER STUB EXHIBIT B Reimbursable Agreement REIMBURSABLE OWNER SHORT PLAT 1145 14401 11491 11432 11490 S19 R = 11434 11433 11488 14402 11459 14403 OPLAR VIEW WAY 14436 14433 14432 14424 14425 14404 14405 14408 14431 14426 ROWNE AVE 14430 14427 14429 14428 IEW AVE 14423 14407 14422 14421 14406 14414 w c 14419 14420 14415 14416 14418 14417 414081 41409 41016 41400 41401 41402 N-80TJVE 23436 DRIVE 23434 23432 23435 23433 23420 23421 POPLAR VIEW WAY 23422 23452 23466 23490 23491 23489 23492 23423 23443 23431 23424 23425 23426 23413 23449 2346423463 23462 Ivy Ave 23471 23472 3468 23488 \ / 23493 23487 23494 23486 2346123485 23474 23473 23484 23483 23482 23481 32503 32504 32505 32506 z w m 23442 23495 23496 23497 23439 23498 23499 23503 23500 23502 23501 SUMMITVIEW A 32542 \ / 32523 z 0 32524 H 32540 = 32525 32416 32541 32414 32415 Scale —lin = 200ft 0 100 200 City of Yakima, Washington August 01, 2007 SANITARY SIDE SEWER STUB