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HomeMy WebLinkAboutR-1990-D5825 Mac Leod• RESOLUTION NO. D 5 8 2 5 A RESOLUTION authorizing settlement of a law suit entitled MacLeod, et al. v. City of Yakima, et al.. WHEREAS, in May of 1989 a law suit was commenced against the City of Yakima in Yakima County Superior Court entitled MacLeod, et al. v. City of Yakima, et al. - Yakima County Su- perior Court cause number 88-2-01822-6; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to settle the City's claim for the amount of $10,000.00, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated settle- ment agreements entitled "Release of Sanitary Sewer Capital Cost Recovery Charge and Mutual Release." ADOPTED BY THE CITY COUNCIL thisc85 day o 1990. ATTEST: (res/macleod) MUTUAL RELEASE THIS MUTUAL RELEASE executed this ___._ day of , 199', between D. MICHAEL MacLEOD, JANET R. MacLEOD, FRANCIS A. FARRER, JOHN F. FARRER, GEORGE G. SIMOR, REBECCA SIMOR, RANDOLPH S. COLLEY, as Trustee for the Colley Family Trust The MacLeod Group), WESTLAND INVESTMENTS, a California Limited Partnership and its general partner WESTLAND G.P., INC., a California Corporation (Westland) „ and MEADOWBROOK MOBILE ESTATES, a Minnesota Limited Partnership and its general partner MHRV, INC., a Minnesota Corporation (Meadowbrook), TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a California Corporation (Ticor), FIDELITY TITLE COMPANY, a Washington Corporation (Fidelity) and the CITY OF YAKIMA, WASHINGTON (Yakima). Meadowbrook is the present owner of the Westhaven Mobile Home Park in Yakima County, State of Washington, (the Property) described as: PARCEL "A" The Northwest 1/4 of the Southwest 1/4 of Section 29, Township 13 North, Range 18, E.W.M.; EXCEPT the North 72 feet of the West 228 feet thereof; EXCEPT right of way for existing County Roads. PARCEL "B" The South 319.50 feet of the West 33.0 feet of the West half of the Northeast quarter of the Southwest quarter of Section 29, Township 13 North, Range 18, E.W.M. SUBJECT TO easements, exceptions, restrictions and encumbrances of record or apparent thereupon. The MacLeod Group acquired Westhaven Mobile Home Park from Glascam Builders, Inc., a Washington Corporation, on or about October 31, 1980. Prior to the sale to the MacLeod Group, Glascam had entered into an Outside Utility Agreement (OUA) and a Sanitary Sewer Capital Cost Recovery Charge Payment Agreement (CCRC) with the City of Yakima. MUTUAL RELEASE - 1 In or about October of 1980, Ticor, an underwriter for Fidelity, issued a Purchasers Title Insurance Policy to the MacLeod Group insuring its interest in the property free and clear of the CCRC. In or about November of 1984, the MacLeod Group sold Westhaven Mobile Home Park to Westland. In or about October, 1987, Westland sold the Westhaven Mobile Home Park to Meadowbrook. Yakima claims a lien against the property for the costs represented by the CCRC. Ticor, Fidelity, the MacLeod Group and Westland have agreed to pay to the City the sum of Ten Thousand Dollars ($10,000) in full satisfaction of any claims it may have by reason of the CCRC for charges calculated to date, recognizing that there are certain circumstances under which the CCRC could be recalculated at a later time. IT IS AGREED: 1. Payment. Upon execution of this agreement, Ticor, Fidelity, the MacLeod Group and Westland shall pay to Yakima the sum of Ten Thousand Dollars ($10,000). 2. Release of Westland, MacLeod Group, Ticor and Fidelity. Yakima, for itself and its legal representatives, expressly releases the MacLeod Group, Westland, Ticor and Fidelity from all liability for claims arising out of the Outside Utility Agreement (attached as Exhibit "A") for connection charges, service fees and L.I.D. assessments to the date of this Agreement, recognizing that in all other respects, said OUA remains in full force and effect, and from all claims or liability arising from the Utility Connection Agreement attached as Exhibit "B" to this agreement. Additionally, Yakima expressly releases the property from any claim of lien for Capital Recovery Charge under the term of a separate document styled: "Release of Sanitary Service Capital Cost Recovery Charge." THE MacLEOD GROUP „,eet_Z' () 0,1 \ By: D. MICHAEL MacT,EOD MUTUAL RELEASE - 2 WESTLAND INVESTMENTS, a California Limited Partnership by its General Partner WESTLAND, G.P., INC. a California Corporation By: w ., GEORGE--KORDESTANI, President WESTLAND G.P., INC. By: t: ‘.�� _ _m GEORGE •KORDESTANI, President MEADOWBROOK MOBILE ESTATES, a Minnesota Limited Partnership by its General Partner MHRV. Inc., a Minnesota Corporation MHRV, INC. By: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a California Corporation By: MUTUAL RELEASE - 3 FIDELITY T 4F COMPANY, a Washington Corporati Bv: CITY OF YAKIMA, WASHINGTON ATL u'ze `.e-�u By: City Clerk d:\wp51\data\ticor\release.2 cm: smiakcd m©o % 092190 dws:dv v - sY s" - MUTUAL MUTUAL RELEASE - 4 X69 OUTSIDE UTILITY ACREEMFNT THE UNDERSIGNED, being the owner(a) and/or occt following described property within Yakima County. t.••0•. -••o--••. The Northwest quarter of the Southwest quarter of Section 29. Township 13 North. Range 18. E.W.M.. EXCEPT the North 72 feet of the West 228 feet, • AND EXCEPT roads. has (have) applied to the City of Yakima. Washington. for City domestic water and/or sewer service for said property, and in consideration of the furnishing of such services. the undersigned does (do) hereby promise and agree as follows: 1. The undersigned will pay, when due, to the City of Yakima all connection charges, service fees, future local improvement district assessments, if any, and any and all other charges and fees required by law to be paid fur the service hereby applied for. 2. The undersigned promises (promise) and agrees (agree) to make all alterations, improvements and repairs on and to such property ane the buildings, structures and ocher improvements thereon as specified on the attachment hereto marked "EXHIBIT A" and by reference made a part hereof, which alterations, improvements and repairs shall be com- pleted within the time specified on EX]iIBiT A. Any future new construc- tion. or future alterations, additions or repairs, shall conform to any and all then applicable construction and zoning codes, and all required permits shall be obtained from the City prior to the commencement of any work, all as if the property affected by this agreement were situated within the boundaries of the City of Yakima, provided, no permit fee shall be charged or collected by the City for any permit for which a fee is charged by YakLaa County. The City shall have the right at any ,,11d all reasonable ci,ues to inspect the property described above, and :.,ty existing buildings, structures and ocher improvements thereon. 3. The undersigned owner(s) further agrees (agree) that he (they) will sign any and all notices, petitions and any other documents requested at any time by the City leading to the annexation to the City of Yakima of the property affected by this agreement, and will actively promote participate in any such annexation proceedings; and that he (they) • ill not protest the future formation of any local improvement district r domestic water and/or sewer for any district which includes the property affected by chis agreement. 4. The undersigned further agrees (agree) to perform and other- wi_e comply with the requirements, restrict'or.s and other provisions :ontained on the attachment hereto marked ":;XHIBIT 8" and by reference made ., part hereof in order that this property be used and/or developed in accordance with the General Plan of the Cicy and as if the property w• -re situated within the boundaries of the City of Yakima, all of which gyre cunditiona of the granting by the City of the service(s) applied to,r by the undersigned. 5. The undersigned further agrees (agree) that the City may require the undersigned to file with the City a band conditioned so as to insure che performance by che undersigned of his (their) obligations under this Agreement; and in the event the City so requires, the undersigned • will file much a bond in the amount specified on EXHIBIT B, which bond shall be issued by a corporate surety company authorized to do business in the State of Washington, and which bond shall be subject to the approval of the Yakima City Attorney. 6. The undersigned owner(s) agrees (agree) that in the event of a sale or transfer of the property affected by this agreement, he (they) will, as a condition of such sale or transfer, require the purchaser, or other new owner, to sign a duplicate of this Outside Utility Agree- ment; and that this Agreement, and the promises made herein, do con- stitute a covenant running with the land described above and shell be binding on the undersigned owner(s), his (their) successors in interest to such property, and that this Agreement shall be filed for record in the office of the Yakima County Auditor. DATED this `1 day of S.I , 19 - 7 . CITY OF YAKIMA B AUTHORIZATION NO. FA-J—m Signature o�ru ty Owner(s) w . Signature of Occupant(s) STATE OF WASHINGTON ) . as. County o f Yakima ) " "- - I, the undersigned Notary Public, in and for the State and County, do hereby certify that on this 2 . day of ,JOUR , 19n, per- sonAlly appeared before me t1'�1.J1p b_GimC14- , to ma known to be the individual described in and who exe- cuted the witiin instrument and acknowledged that Alf signed and sealed the same as it15 free and voluntary act and deed fo "uses' and pur- poses therein mentioned. Notary Public in and f.r the State of Washington, residing at Yakima. A-2 :sr -NSF- VOL. 1 0 3 NOV 2 1978 UTILITY CONNECTIOf ACREEAENT I;:STALLXENT CONTRACT FOR AND IN CONSIDERATION of the connection of (type of utility N 6. service) �'"<"*":-✓ service by the City of Yakima to real ri.J.l .rcperty awned by the undersigned at (address) cn 71 C.) , Yakima County, Warihington, and more particularly described as follows. (legal description) the ur.-1nrsigncd owner(s) do(es) hereby promise and agree as follows: 1. To pay to the City of Yakima a connection charge in the prin- cipal amount of $ /////%< <,:r in ten (10) equal installments. the first If whlc1, shall be paid ■i:aultanonuely with the execution of this agres- -.ent; and subsequent payments, together with interest at the rate of / per cent per year on the unpaid balance, shall be made on or '.afore _Z/7 f — '- --✓ of each year hereafter until all such ;riaci:al and interest is paid in full; provided, owner(s) may at any time pay the ee.tire principal balance, and interest accrued to that tin... in satisfaction of the obligation of this paragraph. i. The payment of the connection charge provided fur herein a•a n.t relieve the and.:feigned owner(a) from paying any other regular and customary fee or charge incidental to installing and f.:nisuiny the utility service(a) contemplated by this agreement. ). In the event of delinquency in any payment of principal or tnt.rtit called for herein. the entice remaining unpaid balance shell -:.edi�.cly become due and payable. and the acceptance by the City of 'fa ipa sf any delinquent payment shall not constitute a waiver of. nor eat -p _ht City from enforcing, the provisions of this paragraph. 4. The obligation of this agreement constitutes a personal obii- •fition .r. the part of the undureigned wner(a), and further. this promise to pay constitutes a covenant running with the land described above and shall be binding on the undersigned owner(s) and his (thele) 0 U0 R(uutni x1 Int 167:3 EXHIBIT "._— 1 4 J ) NOV 2 i9/9 heirs, yueeessors and assigns. and chts agreement shall bo recorded In chc office of the Yakima County Audtcor ac the expense of chc under- signed owner(s). 5. In the event court action Ls instituted by the City of Yakima co enforce the collection of all or any part of the principal -r interest called for herein, chc undcr.tRned owner(a) .hail pny a reasonable attorney's fee co chc CLcy as part of the taxable coats of any such court action. L'ATED this :( 'day of (-f!-_. , 19 7i . STATE c:F WASil t:lC TON ) as. County o f Ya.lms ) •IcV1 (24-1---• • �U�+nec(s) I, the undersigned Notary Public, to and for chc State and County, do hereby certify that on thlsJ./7/day of /42•.2: r_ , 19.71). %i it ,.•_r-�w:�lty 'sppcneed befucu me r 1 ! .„,1 r. , to ee known to be the individual described in and Who executed the within instrument and acknowledged that rc/ st:;aed and scaled the same as free and voluntary ncc and deed for th•T uses and purposeu therein m.ncioncd. NOTARY PUBLIC/1n and for the State of Washington, residing at Yakima. - 2 - Jan. 1510 C) RELEASE OF SANITARY SEWER CAPITAL COST RECOVERY CHARGE This CITY OF YAKIMA, Washington, in consideration of the sum of TEN THOUSAND DOLLARS ($10,000), releases the following -described property (the Property) in Yakima County, Washington: PARCEL "A" The Northwest 1/4 of the Southwest 1/4 of Section 29, Township 13 North, Range 18, E.W.M.; EXCEPT the North 72 feet of the West 228 feet thereof; EXCEPT right of way for existing County Roads. PARCEL "B" The South 319.50 feet of the West 33.0 feet of the West half of the Northeast quarter of the Southwest quarter of Section 29, Township 13 North, Range 18, E.W.M. SUBJECT TO easements, exceptions, restrictions and encumbrances of record or apparent thereupon. from all claims which the City of Yakima may have by virtue of a Sanitary Sewer Capital Cost Recovery Charge Payment Agreement (CCRC) recorded November 2, 1978, in the Official Records of Yakima County, Washington, a copy of which is attached to this Release as Exhibit "A". The City of Yakima, Washington, further releases any rights to encumber the property for the costs of sewer mains and sewer plant construction to service the property incurred prior to the date of this release; provided, however, that: (1) The parties agree and acknowledge that future monthly sewer charges levied by the City against said property may include as part of their calculation some amount intended to reimburse the City for the cost of sewer plant expansion or the construction of sewer mains. RELEASE - 1 The CCRC may be recalculated at a later time, if use of the property changes, pursuant to Section 7.58.050 of the Yakima Municipal Code. Specifically, but not in limitation of the general language of this release the City of Yakima releases the property from the lien asserted by the City of Yakima in a letter from John Vanek, City Attorney, dated September 25, 1987 to MHRV Inc. and Westland Investments. DATED this day of September, 1990. CITY OF YAKIMA, WASHINGTON BY: STATE OF WASHINGTON ) ss. County of Yakima Personally appeared , this day of September, 1990, who, being duly sworn, did say that is the _ of and that this instrument was signed on behalf of by authority of its Board of Directors, and acknowledged this instrument to be its voluntary act and deed. SUBSCRIBED AND SWORN TO (or affirmed before me this __ day of , 1990. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: D:\WP51\DATA\TICOR\RELEASE 092090 DWS:DV RELEASE - 2 s.\:.1IArY SEWER C.%r! i..i. !.}.CD41.i(► C►LAIa.. IicyI:E.;i1 THE UNDERSIGNED, 0.- •r of real property lerall•: dcsc•r:hed on EXHIBIT A .attached hereto and by this reference made a part hereof, desires to cc•nnect that property to the City of Yakima sanitary sewer system ser\ini- the geoi:r.►phical area identified as " " situate outside the corporate boundary of the City of Yakima. In cett- junction with and as a part of an application by the undersigned to the City for such sewer connection and service, the un.!. signed agrees to pay to the City i "Capital Cost Recovery Charge" in addition to any Local improvement District assessmeutc. (.•t•0 -.- tion charges presently provided by Chapter 7.56 of the Cit •.f Yakima Municipal Code, monthly or other periodic service charges or other charges applicable to the connection o. service cortem- plated by this al•recment. as any of such assessments or char:es may otherwise be applicable to the sewer connection and sei.ice applied for by the undet si;••tt d. The •mdersil•ncd understands that the amount of the "''••rital Cost Recovery Charge" has not been determined, but that the amount of such charge, or the rate for comput ine such charge, wil 1 lin determined by the City and specified by an ordinance to he enacted by the Yakima City Council. and the undersigned agrees to r.►. to the City the Capital Cost Recovery Charge in an aguow specified by that ordinance The undersigned understands that the ordinance to .,c enacted will further provide the time and manner for payment ..( such charge. and the undersigned agrees to comply with those pro- visions; providat, within thiit•; days after notification by :I► City to the undersiened at the address bele, stated of the enact- ment of such ordinance, the undersigned will either pay to the City the entire amount of that charge or, in the alternative, will execute an agreement with the City to pay that charge by installments in accordance with terms to be specified by the ordinance or by a resolution of the City Council approving the terms of an installment agreement. Provided, further, that the rate for computing the Capital Cost Recovery Charge to be paid by tt►c undersigned shall be uniformly applicable to all other property within the geographical area identified previously in this agreement. Dated this day of , 1978. YAKIH i -1 ..M tt (17Ar1(icit {l',�?1 tviaL FJ_ilUt{ Addrenc: EXHIBIT " A If