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Home My WebLink AboutR-1991-D5968 Water service agreementRESOLUTION NO. D 5968 A RESOLUTION authorizing the City Manager to exercise an agreement concerning water service to 2101 East Mead Avenue WHEREAS, the property at 2101 East Mead Avenue is not located within the boundaries of either the City's of Union Gap or Yakima, however, it is located within the City of Yakima's water service area which has been formally defined and agreed upon between the City's of Union Gap and Yakima; WHEREAS, the household at 2101 East Mead Avenue has experienced a failure of its present private water supply; WHEREAS, the City of Yakima does not presently operate or maintain any water main in the vicinity of this property; and WHEREAS, the property owner, Samuel L. Dayton, wishes to connect with a public water supply system; and WHEREAS, the City of Union Gap operates and maintains a public water supply system that is currently available to provide a temporary water supply service to the aforementioned property; and WHEREAS, City of Yakima desires to allow the Gap to provide water service to the aforementioned is in the City of Yakima's water service area until City of Yakima water lines are available aforementioned property, now, therefore, City of Union property which such time as to serve the 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 "Agreement Concerning Water Service to 2101 East Mead Avenue." ADOPTED BY THE CITY COUNCIL thisc ? day of July 1991. ATTEST: CITY CLERK • After Recording, Return To: City of Union Gap P.O. Box 3008 Union Gap, WA 98903-0008 AGREEMENT CONCERNING WATER SERVICE TO 2101 EAST MEAD AVENUE THIS AGREEMENT is made and executed this e= -- day of L� Ev.17 , 1991, by and between the City of Yakima, Washington; the City of Union Gap, Wastirigton; and Mr. Samuel L. Dayton owner of Parcel #191329-43511 (Lot 1, Short Plat #83-175), located in Yakima County, Washington. WHEREAS, the property at 2101 E. Mead Avenue (Parcel #191329-43511) is not located within the boundaries of either the cities of Union Gap or Yakima but is located within the City of Yakima's water service area and has experienced the failure of its present private water supply; WHEREAS, the City of Yakima does not presently operate or maintain any watermain in the vicinity of this property; WHEREAS, the property owner, Samuel L. Dayton, is desirous of providing a public water supply to this property; WHEREAS, the City of Union Gap operates and maintains a public water system that is currently economically available to provide a temporary public water supply service to this ply; NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES AS follows: 1. The property owner, Mr. Samuel L. Dayton, will pay to the City of Union Gap all watermain connection fees (also known as a fee in lieu of L.I.D.) and water meter installation fees. The water meter installation fee is a flat fee to install a water meter, supplyline and connections from the existing watermain to 2101 E. Mead Avenue. The watermain connection fee is a per foot charge together with interest. These fees shall be in the amount regularly charged by the City of Union Gap. 2. The City of Union Gap, upon receipt of these fees, will cause the installation of a temporary water service to this property. 3. At such time as the City of Yakima constructs or causes the construction of a watermain that is available to provide public water service to this property the following shall occur: (a) The City of Yakima will notify the City of Union Gap, in writing, that permanent water service is available to this property. -1- Ye', lc CITY CONTRACT N0. ri 7 v) -- �j 6 y� (b) The property owner will pay to the City of Yakima all appropriate watermain connection fees regularly charged by the City of Yakima at the time the Yakima watermain is capable of providing water to this property. (c) The City of Union Gap will disconnect the temporary water meter service at the property which is the subject of this Agreement from the City of Union Gap's water system and the City of Yakima will permanently reconnect the water meter service to the City of Yakima's water system. The cost of such disconnection and reconnection to be borne by the City of Yakima Water Division per Yakima Municipal Code #7.68.055 Connection of temporary services to new mains. (d) The City of Union Gap will then refund to the property owner of record, the watermain connection fee described in Article 1 of this Agreement in the amount of $ 1,879.22 . The City of Union Gap will not refund any other fee or charge, nor will the City refund any interest charges. 4. This Agreement is for an indefinite duration, until such time as the events described above transpire. 5. Executed copies of this Agreement shall be filed with the City Clerk of Yakima, the City Clerk of Union Gap, the Yakima County Auditor and the Washington Secretary of State. CITY OF YAKINA date 7 9 / Richard Zais, City Manager ATTEST: date 7/ 9Mi City Clerk CITY OF UNION GAP By: (21--( ) „--,„ date V - 5_- `ii Paul Burl'gane:� City Manager ATTEST: �h LZ),/ CCka 01.0 date VOIV Ci erk STATE OF WASHINGTON ) :ss. date (<7" Samuel L. Dayton County of Yakima ) ON THIS tc day of a bC t,0 , 1991, before me, the undersigned Notary Public, personally appeared Samuel TL Dayton to be known to be the individual who executed the within and foregoing instrument and acknowledged that he signed and Gaaled the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year in this certificate above written. PUBLIC in and for the State of Washington, residing at YCd2LPna„ . My Commission expires !/ o / ? t . 42415 1 00 1 42416 5417 3 42418 42419 42420 6 N N .111,1111111.11,11,,,,,, BEL M N • X36 on 41 LOCATION MAP LOCATION: NORTHSIDE OF EAST MEAD AVENUE, BETWEEN SOUTH 20TH STREET AND RUDKIN ROAD SAMUEL L. DAYTON'S PROPERTY PARCEL NO. 191329-43511 ADD/ /O N v BIRCH ST 111 ACRE 42403 30 • 42461 30 M73 42462 m 20 M 73 N 32 ii a. ar 42`63 42464 83120 83-20 2 4.21.67 1.24.68 42466 83-20 E 42465 o 3 83-20 2C 0 VIOLA 0 0 n 20 v 0 N v 2) O P v N N f 35 42458 2 05 0 Q 0 ✓ n n G/eLER• 'S v a• n 2/ SIMPSON ST 22 :3431 2 43431 5 43430 43429 GARDEN 43428 • 43427 4342016 43411 43422 43493 43494 TRACTS 43487 43488 43426 43425 0 43434 11 43433 43435 43513 1 34 43465 43474 • 43466 43467 FIVE 43501 .25 �t 43500 43499 43436 15 435C5 - - 43470 • 20 I! 47 80-42 set 1. 43506 f, i 20 80-47 • 43507 (4 o i8 80-42 43508 15 45498 21 n v .2! O 133 M on 0 1 25 v v 17 17 50 n 0 5? 73 52 (44 J1 MEAD va v N O Q St 1 (1) 1- 0 43'09 24 2.3 3 AVENUE 3 18 8 S/MPSONS 43516 3.00 24 43447 46 43449 18 43497 4 88 ACRE • 43445 29 TRACTS 25 47 43458 v v n v ,0 v n V III, 43512 .56 2 87 - 175 40 1^ v n Q 40 v n v n P 45 r 0 V 1^ V 45 e (0 v n v .;3 h v 0 2 43459 I UD P 23 0 n O 0 :44j AVENUE