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Home My WebLink AboutR-1991-D6026 Lukehart• • RESOLUTION NO. A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Gary Lukehart for the partial reimbursement of construction cost for a public sewer line. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with Gary Lukehart relative to the installation of a sewer line to certain property described in the attached agreement document, and for reimbursement to Gary Lukehart, for costs of installing such line, all as provided in an agreement, a copy of which, entitled "Sewer Reimbursement Agreement", is attached hereto and by reference made a part hereof. ADO%P �TED BY THE CITY COUNCIL this day of (�t; �,ele/t,.. 19 9/ • ATTEST: C�/ ✓✓ / ��'}� 'v moi' J 44,4m4, - C. 1,CLERK Eng. & Util. ENGRI CC MAYOR SEWER REIMBURSEMENT AGREEMENT THIS AGREEMENT made and entered into this 1 day of De_ce.ev- , 19 q t , by and between the CITY OF YAKIMA, a municipal corporation, hereinafter referred to as "CITY" and GARY LUKEHART, hereinafter referred to as "DEVELOPER"; WITNESSETH: WHEREAS, "The Developer" installed certain sewer lines and appurtenances thereto at, near, or within the hereinbelow described property and to connect same to the City's Utility System so that such improvement will constitute an integral part thereof; and WHEREAS, the "Developer" paid all the costs and expenses for the installation of said improvements; NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: 1. The "Developer" hereby acknowledges that the immediate purpose of the subject sewer line installation is to serve the development of "Orchard Park" retirement village and the "Developer" hereby agrees and covenants to cause to have installed the following described improvements, to -wit: A 10 -inch PVC sewer main constructed to an existing 10 - inch sewer main located approximately 130 feet north of the centerline of Castlevale Road, Sta 21+25, thence south on No. 34th Avenue constructed with an 8 -inch sewer main a distance of 230 feet to Sta 8 + 60 and the termination point of said improvements being on the south side of the Fruitvale Canal. 2. The "Developer" further certifies that the total estimate cost of said construction as herein above specified will be in the sum of $91,753.84. See Exhibit "A" attached hereto for the legal description of the lands affected by this latecomer agreement and a map showing in outline the land affected by such additional charges per the terms of this agreement. Based on said total amount of cost of said improvement shall be employed to determine the pro rata reimbursement to the "Developer" by any owner of real estate, who did not contribute to the original cost of such improvement, and who subsequently wishes to tap into or hook unto or use said facilities, which tap or hookup shall include connections to laterals or branches connecting thereto, all subject to the laws and ordinances of the City of Yakima and the provisions of this Agreement. The pro rata cost per front foot rate is $27.00; provided, that in no event shall the developer be reimbursed a Principle amount greater than $44,199, not including interest at the rate of 8.27% per year retroactive to 1988. Eng. & Util. Eng r. AA8 11/15/91 3. The "Developer" hereby agrees and covenants to convey, transfers and assign unto City all right, interest and title in and to said improvements and all appurtenances and accessories thereto, free from any claim and encumbrance of any party whomsoever, City agrees to accept and maintain said improvement as part of its present Utilities Systems upon approval thereof by the City Engineer and after inspection of said construction. 4. City reserves the right, without affecting the validity or terms of this Agreement to make or cause to be made extensions to or additions of the above improvement and to allow service connections to be made to said extensions or additions, without liability on the part of the City. 5. No person, firm or corporation shall be granted a permit or be authorized to tap into the facility for sewer service during the period of 15 years from September 9, 1988, without first paying unto the City, in addition to any and all other costs, fees and charges made or assessed for each tap, or for the main facilities constructed in connection therewith, the amount required by the provisions of this contract except such charges shall not apply to any extension of the main facility. All amounts so received by the City shall be paid out by it unto the "Developer" under the terms of this agreement within sixty (60) days after receipt thereof. It is further agreed and covenanted that upon expiration of the term of this Agreement; to -wit: 15 years from September 9, 1988, the City shall be under no further obligation to collect or make any further sums unto the "Developer". The decision of the City Engineer or his authorized representative in determining or computing the amount due from any benefited owner who wishes to hook up to such improvement, shall be final and conclusive in all respects. 6. This Agreement shall be placed for record with the Yakima County Auditor's Office immediately upon execution thereof and all costs of recording shall be the responsibility of the "Developer". 7. An agreement letter signed by the Developer, November 14, 1991, by reference made a part of the Sewer Reimbursement Agreement filed in the City Clerk's Office, File No. 16-n3 . DATED THIS ,52 OI DAY OF rto , 19 Ct 1 . ATTEST: r I, BY Eng. & Util. Eng r. AA9 11/15/91 City Clerk 13 CITY CONTRACT MO. - i CITY OF YAKIMA, WASHINGTON, a Municipal Corporation C -N Cy Manager STATE OF WASHINGTON SS County of On this day personally appeared before me Garj D. £uliehart ,to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this 6th day of December , 19 91 . CITY CONTRACT WY: Eng. & Utit. Engr AA10 11/15/91 2 Notary Public in and for the State of ashingtrat , residing Jakima EXHIBIT A The following legally described properties of record as of November, 1991 (Yakima County Assessor's Office) are subject to a sewer connection charge paid to the City of Yakima pursuant to a SEWER REIMBURSABLE AGREEMENT. Said Agreement was ex - ecu ed by City Council on November =1 , 1991, Resolution No. U- lc tib In addition to a Sewer Connection Charge, these properties when connecting to the Public Sewer System are subject to the laws and ordinances of the City of Yakima which may include all or several of the following costs and requirements: Capital Cost Recovery Charge, sewer permit, Outside Utility Agreement Application and Annexation Proceedings Document. ** YAKIMA COUNTY PARCEL NO. 181315-41412 181315-41413 181315-41414 181315-41415** 181315-41416 181315-41417 181315-41418 181315-41419 181315-41423 181315-41425 181315-41426** 181315-41427 181315-41428 181315-41430 181315-41441 181315-41442 181315-41443 181315-44401 181315-44404 181315-44414 181315-44422 181315-44429 Paid reimbursable sewer connection charge. 8 1CASCAI2F 4,462 41463 4 1 I 2 3 RK 44465 DVI•'NQ 41466 4,467. ' w 5 6 Ivi.. 4,468 1 Y V T CO CAS TLEVALE •7,JI /• 4,454 4/455 1 44456 3 41457 41458 5 R/W ROAD 4/459 4146( 6 7 •.• 0 O Ys. 41442 a o 14 O P 41443 41418 36 •yJ 4,4,7 41410 41416 NC � 4(435 36 4/433 36 4/436 28oe IJ f 4/452 28 41425 41437 41434 30 27 41415 44426 4,453 34 41427 12 41429 41428 4,411 41413 41407 41431 5' 4,430 49 1rr 41412 4,406 44422 ti M 44401 21 44402 444Q4 T 44403 44 44424 43 44408 53 2Yf9 44400 1 40 LEGEND 44414 26 Benefitted Sewer Area (Those properties fronting the sewer main or served by lateral extension to serve Orchard Park Development) Non -Reimbursable (Exempt per Letter of Agreement ) T-1 Reimbursable 44413 27 ��• 44409 44412 .1 444!1 70 >' 0 441.31 30 101111 1 1111 1111',1, 1111111, 1IIII 1111 l,Lt»ilii dthIiiliii iu04 Orchard Park Development 1 17rlrl'Ippir'Irl'('I'I`I'I`I'I rri 111111111111111 I I 1111111111111111111111 1111111 1111111 1111111 I l I l 11111 i 11111111 1111111 1I11lIlIIlIIilI111111111illlilii 1111111 1 1 11111111111 11111 111111111111 11 liliii1i1i1i1i1i1i1i1111IlIlIlIlIili1 II11II1111l IlIIIih!di1111 ,I,I,I,I,I,I�I,IJ�I�I�I,LLLLI i 04 I'I'I I'1 III II II.1 1 I ll iI illlllilillll 1111�1111ti4111111I�7�71 1 1 1•r 11111111111111111111111111111111111i 11111110N01141011 11,1/ 1,11111,1,1,1,1,1111111,111,11,1,1,1 1111 1 1111111111111111,111,11111,11,11111., 1111 1 1111111111111111111111111111111111111 11 iyiy !tilt 1.1.1.1.1 1.1.1.1, 01100110001101 0000111 1111 i lilililililI II 11111111111111111111 1111 1 11111111111111111111111111111111111111111 11 I Iilililililillllli111i,1,111,1,1,1,1,111,1 1111 111111ii1111I1111111I11i111111111111111 IIIII 11I111I1111111111111I11111111111111111111111 !id i 11i111i1i1111.1.1.11l0,1 iiii1iililiilia�i� 11 ! 11111111111111111111111111111111,11,,,1' 11 1 1 1111I1111111I1111 00,1I,11iiiI1 1 1,11111 1 111111,11111,1,1,1,1,1,1111111, ,11111111 111,111111111111,1N°01 -M°0 11 ! 1111111111111111111111 111111111111 h 11 i!111111iiiii,1�1111111III111,111I1I111 111I1111111111I111111111I11111111111 . l11111111I1II11I11111,1i1 1 1 11 l 1111111 111111111111111 1111111111111111,11 1111111111111111111 1111111111111111111111111 I I 1 Illy I l i11111111111111I1111111111111i 1!11111 Y11.1!I!I!I!I!iilli!diI 13-1; 441.32 65 2 43-n, /.y0 11111111111111111ti11111111f11111,1,1,1,i11,i,�,�,1,1,1 11i11111i1lI1I11l1lIl1l1l1IIII1Il1lill!1!1!1!1!1!1 I!I!I Illiiilllllil111111111111111111111111i 1111111111 I111111I 1111 I I i I l I l I 1111( l 1111111111i1I1II11l,1,11 1 1 1 1 x1 1'1'1 1 rri 11111111i1111i1111111111111i111111111111111 11111111111111111111111111111111111111 11111111111111111111111111 !11!!!!!!!!i!;!!I!I!1!I!I!1l ENGL EWOOD 111' I11I' ' I' I 11111 11111,11111111 i i 1 1 1 1 11111111111111 I1111111100.111!1!1! 00,111!1!1!1!I!1I!IJ!i�!1�!1!W!1�1!1!1!1!11 AVENUE 11111411111 1 1,1.1,1,1,1.1.1,1 11111 .I!0 01 44425 59 O -36