HomeMy WebLinkAboutR-2007-150 Pear Tree Place, LLC Water Main Reimburseable AgreementRESOLUTION NO. R-2007-150
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to
execute Pear Tree Place, LLC Water Main Reimbursable Agreement
and Conveyance.
WHEREAS, Mr. John Mifsud on behalf of Pear Tree Place, L.L.C. in reliance on
potential reimbursement pursuant to RCW35.91.020, installed a water main and
appurtenances thereto and connected same to the City's existing water main system so that
such improvements constitute an integral part thereof; and
WHEREAS, Pear Tree Place, L.L.C. paid all the cost and expenses for installation
of said improvements; and
WHEREAS, the City and Pear Tree Place, L.L.C. 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 Water Main
Reimbursable Agreement and Conveyance with Pear Tree Place, L.L.C. 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 directed to execute the Pear Tree
Place, LLC Water Main Reimbursable Agreement and Conveyance attached hereto and
incorporated herein by this reference.
ADOPTED BY THE CITY COUNCIL this 6th day of November, 2007.
Deborah J. Moore, City Clerk
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title:
WATER MAIN REIMBURSEMENT AGREEMENT
Contract No. 2007-84 (with attachments)
Resolution No. R-2007-150
Party No. 1: Pear Tree Place, LLC
Party No. 2: City of Yakima
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CITY OF YAKIMA; ENGINEER AGR $48.09. Yakima Co, WA
WATER MAIN
REIMBURSEMENT AGREEMENT AND CONVEYANCE
THIS AGREEMENT made and entered into this _ day of %V0 , 200 -try and
between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington,
hereinafter referred to as "CITY" and Pear Tree Place, L.L.C., hereinafter referred to as
"DEVELOPER";
WHEREAS, the Developer, in reliance on potential reimbursement pursuant to RCW
35.91.020, installed certain water lines and appurtenances thereto at, near, or within the below -
described property and connected same to the City's Utility System so that such improvements
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 is the owner of the
following described property:
Yakima County Parcel 181314-33404
Lot 2, Short Plat, Auditor's File No 7533011
2. Water main. The Developer in connection with the above-described property installed
the following described water main pipeline improvements:
An Eight (8) inch water main pipeline and appurtenances for domestic use
beginning at the existing six (6) inch water main located at the intersection
of N. 34th Avenue and Powerhouse Road and extending southeasterly in
Powerhouse Road approximately 1760 feet to the existing eight (8) inch
water main approximately 275 feet northwesterly of the intersection of
Powerhouse Road and Englewood Avenue. The new pipeline runs
generally along the northerly side of and parallel with Powerhouse Road.
The Developer certifies and agrees that the total cost to developer of said improvement
construction, after deduction of ineligible costs, is $176,397.47.
3. Compliance with Applicable Codes/Regulations. The Developer represents that said
water main improvements comply with all applicable codes and regulations of the City of
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CITY OF YAKIMA - ENGINEER AGR *48,00; Yakima Co, WA
Yakima. The Developer agrees that said water main 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,
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 less Deductions, for ineligible costs, of said Water main
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 into or connect to said improvement, all subject to the laws and
ordinances of the City of Yakima, the State of Washington, and the provisions of this
Agreement The pro -rata cost for each parcel subject to this reimbursable Agreement shall be
as follows:
REFER TO EXHIBIT "A"
Provided that in no event shall the Developer be reimbursed for any amount greater than
$157,014.78.
No person, firm, corporation, or other entity shall be granted a permit or be authorized to
tap into the facility for Domestic service 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 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 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 due from any benefited owner/party who wishes to hook up to 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 contact
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 any reimbursement funds owed to the
Developer under the contract. Such funds shall be deposited in the capital fund of the City.
6. Conveyance of Improvements to City. Following inspection and approval of said
Water main Improvements by the City Engineer, the improvements were accepted and made a
part of the City of Yakima utility system on May 7, 2007. 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
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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 water main 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 fit for use as part of the City water system.
8. Extension/Addition. The City reserves the right, without affecting the validity or terms
of this Agreement, to make or cause to be made, extensions or additions to said improvements
and to allow service connections to be made to said extensions or additions, without liability on
the part of the City.
9. Recordation. This Agreement shall be recorded 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
effect for a period of fifteen (15) 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 of a portion of City's water main facilities, such determination of uselessness
to be in the absolute judgment of the City Engineer, then the City's collection obligation pursuant
to this Agreement shall cease.
DATED THIS ,,,,/ DAY OF �01 , 200
CITY OF YAKIMA, WASHINGTON,
a Municipal Corporation
By
R.A. Zais, City Manager
ATTEST:
City Clerk
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DEVELOPER
Pear Tree Place, L.L.0
By:
John Mifsud, ;''anaging Member
City Contract No gg/jQ '-fV
Resolution No. /Qa(Ja7-/•5d
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ITY OF YAKIMA - ENGINEER
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AGR *48,00 Yakima Co, WA
STATE OF WASHINGTON )
.ss
County of YAK M )
On this ,g1114day of N0\1OR- , 2001, before me personally appeared
, to me known to be the of the
Limited Liability Corporation (L.L.0 ) that executed the within and foregoing instrument, and
acknowledged the said instrument to be in the free and voluntary act and deed of said L.L.0 ,
for the uses and purposes therein mentioned, and on oath stated that (he/she/they) (was/were)
authorized to execute said instrument and that the seal affixed thereto (if any) is the corporate
seal of said L L.C.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and
year first above written
"2"1141'41144641646"*"2"1"1
state or washington
KATHERINE M MOORE
My Appointment Explfea Sep 23, 2009
r1/0"715
Notary Public, in and for the
State of (,SASH I tJ 6 -Ti)
Residing at yAKI N A w
My Appointmdlnt expires 7
II 11111111 IIIll 1111 IIIITY OF YAKIMA - ENGINEER
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AOR $48.90 Yakima Co, WA
EXHIBIT "A"
WATER MAIN
REIMBURSEMENT AGREEMENT AND CONVEYANCE
Properties benefiting from the extension of the herein described Water main, City Project No.
2196*
Square Foot Rate. $0.1724671506/SF
Parcel No. & Legal Description
181314-33403
Lot 1, Short Plat, Auditor's File No 7533011
181314-33010
Reimbursable Amount
$20,584.71
$12,846.66
Beg SW Cor SW1/4, Th E 1019 3 Ft, Th N 54° W 174 85 Ft, Th N 49°17' W 135 Ft, Th N 49°14' W 1 Ft &
TPOB, Th N 49°14' W 122 Ft, Th N 40°43' E 169 Ft, Th N 49° 14' E 50 Ft, Th N 40°43' E 292 7 Ft, Th S
33°10' E 181 1 Ft, Th S 40°43' W 260.5 Ft, Th SW'Iy 151 Ft to TOB
181314-33009 $1,502.53
Beg 1019.3 Ft E & 482 85 Ft NW'ly AL SW'ly CO RD R/W of SW Cor SW1/4, Th N 40°43' E 169 Ft, Th S
49°14' E 50 Ft, Th S 40°43' W 169 Ft, Th N 49°14' W 50 Ft to Beg
181314-33008 $2,479.18
Beg 1019 3 Ft E of SW Cor SW1/4, Th NW'Iy AL N R/W of CO RD 558 35 Ft to TPOB, Th N 40°43' E
173 03 Ft, Th S 75°40' E 84 28 Ft, Th S 40°43' W to N Line of CO RD, Th NW'ly AL RD to TPOB.
181314-33406
Lot 2, Short Plat, Auditor's File No. 7553907
181314-33006
$7,512.67
$2,253.80
Beg 1019.3 Ft E of SW Cor SW1/4, Th NW ly AL N Line CO RD 627.95 Ft to TPOB, Th N 49°14' W 100
Ft, Th N 46°17' E 107.75 Ft, Th S 75°30' E 100 Ft, Th S 40°46' W 151.5 Ft to TPOB
181314-33405 $8,188.81
Lot 1, Short Plat, Auditor's File No 7553907
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CITY OF YAKIMA - ENGINEER AGR $48.90 1 Yakiima8Co, WA'35P
181314-33021 $14,950.21
Beg SW Cor SW1/4, Th N 00°09'12" W 859 94 Ft, Th S 49°15'30" E 550 65 Ft, Th N 14°37'20" E 247 89
Ft to TPOB, Th N 1 Ft, Th S 89°56'15" E 206 Ft, Th S 33°00'00" E 357 94 Ft, Th S 81°28'20" W 48 30' Ft,
Th N 75°22'40" E 127 53 Ft, Th S 40°44'30" E 90 73 Ft, Th N 49°15'30" W 41 95 Ft, Th N 14°37'20" E
63 00 Ft, Th N 75°22'40" W to TPOB.
181314-33016 $36,286.19
The Westerly 4.83 Acres of the following. Beg S 89°56'15" E 661.53 Ft of NW Cor SW1/4 SW1/4, Th S
89°56'15" E 592.34 Ft, Th S 07°08'10" W 599 81 Ft, Th S 33° E 59 86 Ft, Th S 81°28'20" W 281 39 Ft, Th
N 33° W 387 94 Ft, Th N 89°56'15" W 206 Ft, Th S 14°37'20" W 453 89 Ft, Th N 49°15'30" W 550 65 Ft,
Th N 0°09'12" W 203 65 Ft, Th S 89°56'15" E 661 15 Ft, Th N 0°04'13" W 264 Ft to Beg
181315-44400
E 245 4 Ft, Lot 5, Natches Orchard Tracts Tying N of Powerhouse Rd, EX N 100 Ft.
181315-44424
$10,517.74
$3,230.45
W 60 Ft of E 305.4 Ft of Lot 5, Natches Orchard Tracts Tying N of Powerhouse Rd, ALSO W 15 Ft of E
245 4 of N 100 Ft of SD Lot 5.
181315-44405 $1,878.17
E 60 Ft of W 313 Ft of Lot 5, Natches Orchard Tracts Tying N of Powerhouse Rd and S of N 55 Ft.
181315-44404
W 128 Ft Lot 5, Natches Orchard Tracts, Ly N of Powerhouse Rd & S of N 55 Ft.
1 81 31 5-44403
$2,704.56
$3,305.57
Ptn of Lot 5, Natches Orchard Tracts: Beg 1321 3 Ft N & 385.4 Ft W of SE Cor of Sec 15, Th S 55 Ft to
TPOB, Th W 125 Ft, Th S 164.3 Ft to Cen of Powerhouse Rd, Th S 78°43' E AL Cen of SD Rd to Pt
187 8 Ft S of TPOB, Th N 187.8 Ft to TPOB
181315-44414 $1,953.29
Beg Inters of Cen LN Powerhouse Rd & E LN of Lot 5, Natches Orchard Tracts, Th N 48°58' W 202.88
Ft, Th Curve to Lft, Rad of 445.3 Ft, Lngth 231.6 Ft, Th N 78°46' W 80 88 Ft, Th S 11°14' W 30 Ft, Th N
78°46' W 78 7 Ft to TPOB, Th S 33°32' W 131.3 Ft, Th N 52°10'10" W to E LN N34th Av R/W, Th N AL
SD R/W to S LN Powerhouse Rd RMI, Th S78°46' E 131 Ft M/L to TPOB.
1 81 31 5-4441 5 $1,577.66
Beg Inters of Cen LN Powerhouse Rd & E LN of Lot 5, Natches Orchard Tracts, Th N 48°58' W AL Cen
LN SD Rd 202.88 Ft, Th AL a Curve Having a Central Angle of 29°48' & Arc Length 231 6 Ft, Th N 78°46'
W 80.08 Ft, Th S 11°14' W 30 Ft to Sly RNV of SD Rd, Th N 78°46' W AL SD RNV 5.67 Ft to TPOB, Th N
78°46' W AL SD R/W 73.03 Ft, S 29°48' W 121 78 Ft to Canal RNV, Th S 52°10 1' E AL Canal RNV 66 02
Ft, Th N 34°36' E 161.65 Ft MorL to
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181315-44413 $2,028.42
Beg Inters of Cen LN Powerhouse Rd & E LN of Lot 5, Natches Orchard Tracts, Th N 48°58' W AL Cen
LN SD Rd 202.88 Ft, Th AL a Curve Having a Central Angle of 29°48' & Arc Length 231.6 Ft, Th N 78°46'
W 80 08 Ft, Th S 11°14' W 30 Ft to Sly R/W of SD Rd & TPOB, Th S 36°35' W 164 Ft to Canal RNV, Th
S 52°10' E AL SD Canal R/W 74 7 Ft, Th N 34°35' E 197.85 Ft to S R/W of SD Rd, Th N 78°46' W 75 Ft
to TPOB
181315-44409 $5,859.88
Beg Inters of Cen LN Powerhouse Rd & E LN of Lot 5, Natches Orchard Tracts, Th N 48°58' W AL Cen
LN SD Rd 202 88 Ft, Th AL a Curve Having a Central Angle of 29°48' & Arc Length 231 6 Ft, Th N 78°46'
W 80 08 Ft, Th S 11°14' W 30 Ft to S'Iy R/W of SD Rd, Th S 36°54' W 164 Ft to Canal, Th S 52° E AL
Canal 74 7 Ft to TPOB, Th N 34°35' E 197 85 Ft to S LN of Rd, Th SE'ly AL Rd to a PT n 48°58' W 280
Ft from E LN Lot 5, Natches Orchard Tracts, Th S 41°12' W 251.2 Ft to Canal, Th NW'Iy AL Canal to
TPOB.
181315-44412 $3,455.83
Beg Inters of Cen LN Powerhouse Rd & E LN of Lot 5, Natches Orchard Tracts, Th N 48°58' W 280 Ft,
Th S 33.14 Ft, Th S 41°12' W 251.2 Ft to TPOB, Th N 41°12' E 251.2 Ft, Th S 53°30' E 80 Ft, Th S 350
W 250 Ft to PP&L Co Canal R/W, Th NW'Iy AL Canal to TPOB.
181315-44411 $5,258.87
A Ptn of Lots 5 & 6, Natches Orchard Tracts, Beg 143 78 Ft N & N 53°30' W 80 Ft of SE Cor Lot 5, Th N
53°30' W 120 Ft, Th S 35° W 250 Ft to PP&L Co Canal, Th SE'Iy AL SD Canal 120 Ft, Th N 36°30' E to
Beg.
181315-44431
Lot 1, Short Plat, 83-111
181315-44432
Lot 2, Short Plat 83-111
$2,253.80
$6,385.77
TOTAL REIMBURSEMENT $157,014.78
NOTE: The legal descriptions for each of the Parcels included in this Exhibit are taken from the Yakima
County Auditor's records and are not Survey accurate. The City of Yakima does not guarantee, nor take
any responsibility for, the accuracy of the descriptions or their completeness
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ITY OF YAKIMA - ENGINEER RG
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$48.00 Yakima Co, WA
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
3 13
For Meeting of November 6, 2007
ITEM TITLE: Resolution authorizing the execution of Pear Tree Place, LLC
Water Main Reimbursable Agreement and Conveyance.
SUBMITTED BY: William Cook, Manager,
Dept. of Community and Economic Development
CONTACT PERSON/TELEPHONE: Al Rose, Project Engineer/ 575-6139
SUMMARY EXPLANATION:
Mr. John Mifsud on behalf of Pear Tree Place, L.L.C. has, with the approval of the City of
Yakima, installed an Eight (8) inch Water main in Powerhouse Road. The water main is
connected to the City of Yakima existing water main at the intersection of N. 34th Avenue
and Powerhouse Road and is cross -tied to the existing water main at the intersection of
Englewood Avenue and Powerhouse Road. The water main is needed to serve the
Family Housing development known as Pear Tree Place. Mitigating factors required that
the water main be cross -tied between two existing City of Yakima water mains in order
to provide not only the Domestic needs of the neighborhood but also the Fire -flow needs
for the area. As a result a portion of the new water main had to be constructed beyond
the immediate development property. That portion of the water main will benefit the
neighboring properties and it is the Applicants desire to be reimbursed for that
construction.
The attached Resolution authorizes the City Manager to execute the Pear Tree Place,
LLC Water Main Reimbursable Agreement and Conveyance for this water main. The
maximum reimbursement is $157,014.78.
Resolution X Ordinance _ Contract _Other (Specify) Map
Funding Source
APPROVED FOR SUBMITTAL:�����-�
City Manager
STAFF RECOMMENDATION: Adopt the attached resolution authorizing the City
Manager and City Clerk to execute the attached Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION R-2007-150
Q1 inch equals 300 feet
VA
Parcels selection 4
Developer Property
Pear Tree Place, LLC
Reimbursable Agreement
GARRETT LN
FAIRBANKS AVE
ENGLEWOOD AVE
N 35TH AVE
N 34TH AVE
N 34TH AVE
N 32ND AVE
ROOSEVELT AVE
N 32ND AVE
DITTER DR
REDWOOD WY
WILLOW ST
SWAN AVE
N 28TH AVE
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON .
AGENDA STATEMENT
Item No.
At 13
For Meeting of November 6, 2007
ITEM TITLE: Resolution authorizing the execution of Pear Tree Place, LLC
Water Main Reimbursable Agreement and Conveyance.
SUBMITTED BY: William Cook, Manager,
Dept. of Community and Economic Development
CONTACT PERSON/TELEPHONE: Al Rose, Project Engineer/ 575-6139
SUMMARY EXPLANATION:
Mr. John Mifsud on behalf of Pear Tree Place, L.L.C. has, with the approval of the City of
Yakima, installed an Eight (8) inch Water main in Powerhouse Road. The water main is
connected to the City of Yakima existing water main at the intersection of N. 34th Avenue
and Powerhouse Road and is cross -tied to the existing water main at the intersection of
Englewood Avenue and Powerhouse Road. The water main is needed to serve the
Family Housing development known as Pear Tree Place. Mitigating factors required that
the water main be cross -tied between two existing City of Yakima water mains in order
to provide not only the Domestic needs of the neighborhood but also the Fire -flow needs
for the area. As a result a portion of the new water main had to be constructed beyond
the immediate development property. That portion of the water main will benefit the
neighboring properties and it is the Applicants desire to be reimbursed for that
construction.
The attached Resolution authorizes the City Manager to execute the Pear Tree Place,
LLC Water Main Reimbursable Agreement and Conveyance for this water main. The
maximum reimbursement is $157,014.78.
Resolution X Ordinance Contract _Other (Specify) Map
Funding Source
APPROVED FOR SUBMITTAL: ""'
City Manager
STAFF RECOMMENDATION: Adopt the attached resolution authorizing the City
Manager and City Clerk to execute the attached Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: