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HomeMy WebLinkAboutR-1992-D6143 Naches SchoolRESOLUTION NO. D` 6143 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Naches Valley Public School District for the partial reimbursement of construction cost for a water main extension. WHEREAS, Naches Valley Public School District has, in reliance on potential reimbursement upon meeting qualifications under City policy, installed a water main extension. 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 Naches Valley Public School District for reimbursement of costs of installing a water line, all as provided in an agreement entitled "Water Reimbursement Agreement", a copy of which is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 'Xday of ATTEST: CITY CLERK Eng. & U1iL ENGRI CC 7 REIMBURSEMENT AGREEMENT RE: WATER UTILITY SYSTEM THIS AGREEMENT made and entered into this a 5'fl- day of --4-. 19` 'Z_, by and between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and Naches Valley Public School District, hereafter referred to as "DEVELOPER"; W ITNESSET H: WHEREAS, The Developer, in reliance on potential reimbursement upon meeting qualifications under City policy, paid for the installation of certain water lines and appurtenances through Water LID No. 1048 thereto at, near, or within the below described property and connected same to the City's Utility System so that such improvement constitutes an integral part thereof; and WHEREAS no other property owners or users are presently available to share in the cost and expense of construction of such improvements and the parties hereto having in mind the provisions and terms of RCW 35.91.010 et seq; and WHEREAS, the Developer paid all the costs and expenses for the installation of said improvements; THE PARTIES AGREE AND COVENANT AS FOLLOWS: 1. The Developer represents that he is the owner of the following described property: Yakima County Parcel No. 181429-32007 legally described as: Beg. at NW Cor NW 1/4 SW 1/4, TH S 392.35 FT, TH S 49 D 46' E 871.16 Ft to True POB, Th S 3 D 16' E 161.36 Ft, Th S 38 D 56' E 137 FT to Cen Ln Gleed Can, Th E'ly Al Sd Ln to Pt Ly S 49 D 46' E of True POB, Th N 49 D 46' W to True POB. Ex Can R -W & Ex Co. Rd. as shown on County Assessor's Record. Yakima County Parcel No. 181429-33011 legally described as: Th Pt of W 559.5 Ft of SE 1/4 NW 1/4 SW 1/4 Ly S of Gleed Canal and of Co Rd and N 287.3 Ft of E 1/2 SW 1/4 SW 1/4 Ly S of Co Rd and W of Fol Desc Ln: Beg at NE Cor SW 1/4 SW 1/4, The S 287.3 Ft, Th W 60.28 Ft, to True POB of Sd Ln, Th N 4 D 28' 40" E 80.34 Ft, Th N Eng. & Util. Engr LID 1048-Reimb.Agrmt. 1 5/27/92 following described tract: Beg. at NE Cor W 1/2 SW 1/4 SW 1/4, Th S 286.5 Ft, Th W 280.5 Ft, Th N 266.5 Ft, Th W 242 Ft, M or L to E'ly R/W Co Rd, Th N to N Ln Sd Subd, Th E 522.5 Ft to POB as shown on County Assessor's Record. The Developer has caused the installation of the following described improvements through the Naches School Water Local Improvement District No. 1048, City Project No. 1457. The construction of approximately 5,650 L.F. of 12 -inch water pipe constructed on the North Gleed Road to serve Naches Valley Elementary School. 2. The Developer certifies that the total estimated cost of said construction as above specified will be in the sum of $208,611.13. Exhibit "A", attached hereto contains 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 and in compliance with City Resolution No. D-5712. The total 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 on or connect to said facilities, all subject to the laws and ordinances of the City of Yakima and the provisions of this Agreement and in compliance with City Resolution No. D-5712. The pro -rata per parcel is indicated in Exhibit A; provided, that in no event shall the Developer be reimbursed for an amount greater than $156,217.43. 3. The provisions of Resolution No. D-5712, adopted March 6, 1990, are hereby incorporated in this Latercomer's Agreement. Specifically, Section 3 of Resolution No. D-5712 states, "The design of the existing domestic water system serving the Gleed area necessarily limits extension of service to additional domestic users, eighty (80) domestic water services (typical single-family residences) or one thousand six hundred (1,600) gallons per minute capacity in the aggregate, together with a maximum of two (2) additional fire hydrants or other safety service installations. Applications for water service will be granted by the City Manager to applicants who comply with the policy and provisions of this resolution as those applications are received and until the system capacity is reached, after which no additional connections or extensions of service will be granted unless further action is taken by the City Council to authorize further service." Eng. & Util. Engr LID 1048-Reimb.Agrmt. 2 6/16/92 4. The Developer agrees that the construction and installation of said described improvement is in the public interest and in furtherance of public health and sanitation. 5. The Developer will convey, transfer 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. After inspection and approval of said construction by the City Engineer and acceptance by the Yakima City Council, the improvement shall be part of the City of Yakima utilities system. 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. The Developer will pay to the City such service fees or other charges as may be imposed by Ordinances of the City of Yakima from time to time applicable to like users of the same class. 6. City reserves the right, without affecting the validity or terms of this Agreement to make or cause to be made extensions or additions to the above improvement and to allow service connections to be made to said extensions or additions, without liability on the part of the City. 7. No person, firm or corporation shall be granted a permit or be authorized to tap into the facility for water or sewer service during the period of 15 years from the date of this contract, 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 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 to the Developer under the terms of this agreement within thirty (30) days after receipt thereof. Upon expiration of the aforementioned 15 -year term, City shall be under no further obligation to collect or make any further sums to the Developer. The decision of the City Engineer or his authorized representative in determining or computing the amount due from any benefitted owner who wishes to hook up to such improvement, shall be final and conclusive in all respects. 8. This Agreement shall become operative upon its being recorded with the Auditor of each County in which any of the benefitted lands are situated, at the expense of the Owner, and shall remain in full force and effect for a period of fifteen years after the date of such recording, or until the owner, or its successors or assigns, shall have been fully reimbursed as aforesaid, Eng. & Util. Engr LID 1048-Reimb.Agrmt. 3 6/16/92 period of fifteen years after the date of such recording, or until the owner, or its successors or assigns, shall have been 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 the City's facility, such determination of uselessness to be in the absolute judgment of the City's Engineer, then the City's obligation to collect for the Owner of the tapping charges provided pursuant to this agreement shall cease. DATED THIS d 14 -- DAY OF \% L,. µ a , 19 ci Z_ . ATTEST: BY CITY OF YAKIMA, WASHINGTON, a Municipal Corporation DEVELOPER City Clerk BY C> -&W Nac - s Val ey Public §choo, District TE OF WASHINGTON ) ss County o Yakima On this day=-rsonally appeared before me to me known to be the individual described in and who executed the within anoregoing instrument, and acknowledged that signed the same as free4.pnd voluntary act and deed, for the 6!k -7" -- uses and purposes therein mentioned. 19 Given under my hand and official seal thi • Eng. & Util. Engr. LID 1048-Reimb.Agrmt. 4 5/19/92 day of 7 _ E Notary Public in and for the State o , residing at Dated this 2 S TH day of J v` 2 , STATE OF WASHINGTON ) : ss County of YAKIMA ) On this 25th day of JUNE , 1992 personally ap- peared before me JOHN O. JONES to me known to be the SUPERINTENDENT of NACHES VALLEY SCHOOL DISTRICT, the corporation that executed the within and foregoing instrument, and acknow- ledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein men- tioned, and on oath stated that he is authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and affixed my of- ficial seal the day and year first writt Not.'y Public in and for the Ste of WASHINGTON residing at YA k I rM A My commission expires tt/lo/95 EXHIBIT A NACHES VALLEY PUBLIC SCHOOL DISTRICT WATER LATECOMER'S AGREEMENT (Data submitted below, computerized in IBM XT) Naches Valley Public School District Latecomer's Agreement Project Cost: Flat Rate: $184,111.13 Domestic Use $117,000.00 NOTE: Total assessment does not include the following: 1) Gleed Water OUA Approval Rate: Flat Rate: LV: $15,000.00 2) Meter Installation Cost $2,000 for one Sq.Ft.: $52,111.13 3) Water Connection Charge acre or a portion thereof; Proj.Cost: $184,111.13 Refer to the above note (Res. D-5712 $3,000 over one acre 3,100 43,000 2,000 60.01 Map Ref. * Parcel Number Land Value Area (Square Feet) Flat Rate Land Value Rate 0.019356335699 Area Rate 0.016213624937 Total LD Assessment 1 Water Connection Charge Comment 1 181429-32003 11,000 30,928 $2,000 $212.94 $ 326.66 $2,539.60 Refer to the above note 2 181429-33005 3,100 43,000 2,000 60.01 454.16 2,514.17 Refer to the above note r 181429-33008 11,000 18,295 2,000 212.94 193.23 2,406.17 Refer to the above note . 4 181429-33009 62,700 593,723 3,000 1,213.77 6,270.80 10,484.57 Refer to the above note 5 181429-33010 11,000 21,780 2,000 212.94 230.04 2,442.98 Refer to the above note 6 181429-33011 181429-32007 34,550 323,015 3,000 668.83 3,411.63 7,080.46 included in UD No. 1048 7 181430-44010 10,080 189,486 3,000 195.13 2,001.32 5,196.45 Refer to the above note 8 181430-44011 62,810 969,210 3,000 1,215.90 10,236.64 14,452.53 Refer to the above note 9 181430-44012 18,000 104,544 3,000 348.45 1,104.18 4,452.63 Refer to the above note 10* 181431-11001 550 6,200 2,000 10.65 65.48 2,076.13 Refer to the above note 11* 181431-11014 73,650 519,671 3,000 1,425.74 5,488.68 9,914.42 Refer to the above note 12* 181431-11404 64,810 749,232 3,000 1,254.61 7,913.26 12,167.88 Refer to the above note 13 181431-14001 33,200 368,082 3,000 642.70 3,887.62 7,530.32 Refer to the above note 14 181431-14003 8,250 15,246 2,000 159.71 161.03 2,320.73 Refer to the above note 15* 181431-14032 850 7,405 2,000 16.45 78.21 2,094.66 Refer to the above note 16 181431-14033 3,850 7,405 2,000 74.53 78.21 2,152.74 Refer to the above note 17 181431-14034 3,850 7,405 2,000 74.53 78.21 2,152.74 Refer to the above note 18 181431-14035 850 7,405 2,000 16.45 78.21 2,094.66 Refer to the above note 181431-14053 15,550 12,820 3,000 301.02 1,191.59 4,492.61 Included in UD No. 1048 i 20 181431-14054 8,250 20,038 2,000 159.71 211.64 2,371.34 Refer to the above note TD -12 RG.6 1 - 6/16192 Map Ref. I Parcel Number Land Value Area (Square Feet) Flat Rate Land Value Rate 0.019358335699 Area Rate 0.016213624937 243.84 Total Lm Assessment 1 Water Correction Chaire 2,301.92 Comment Refer to the above note 21 181431-14064 3,000 23,087 2,000 58.07 22 181431-41001 2,500 6,534 2,000 48.40 69.01 2,117.41 Refer to the above note 23 181431-41025 1,800 6,534 3,000 34.84 69.01 3,103.86 Refer to the above note 2 4 181432-22002 45,160 407,286 2,000 874.22 4,301.69 7,175.91 Refer to the above note _25 181432-22003 8,800 15,682 2,000 170.35 165.63 2,335.98 Refer to the above note 26 181432-22004 10,250 27,007 2,000 198.42 285.24 2,483.67 Refer to the above note 27 181432-22005 8,800 6,534 2,000 170.35 69.01 2,239.36 Refer to the above note 28 181432-22006 2,400 13,939 3,000 46.46 147.22 3,193.68 Refer to the above note 29 181432-22007 25,900 76,230 2,000 501.38 805.13 3,306.51 Refer to the above note 30 181432-22014 11,000 26,572 2,000 212.94 280.65 2,493.59 Refer to the above note 31 181432-22015 13,200 12,197 2,000 255.53 128.82 2,384.35 Refer to the above note 32* 181432-22022 6,600 -7 4,356 2,000 127.76 46.01 2,173.77 Refer to the above note 33* 181432-22023 6,600 4,792 2,000 127.76 50.61 2,178.38 Refer to the above note 3 4 181432-22025 11,000 38,768 2,000 212.94 409.46 2,622.40 Included in UD No.1048 35 181432-23400 12,000 7,488 2,000 232.30 79.09 2,311.39 Refer to the above note 36 181432-23401 12,000 7,200 2,000 232.30 76.04 2,308.35 Refer to the above note 37 181432-23402 12,000 7,800 2,000 232.30 82.38 2,314.68 Included In UD No.1048 38 181432-23403 5,500 7,800 2,000 106.47 82.38 2,188.85 Refer to the above note 39 181432-23404 12,000 7,800 2,000 232.30 82.38 2,314.68 Included in UD No.1048 4 0 181432-23405 12,000 8,340 2,000 232.30 88.09 2,320.39 Refer to the above note 41 181432-23406 12,000 8,340 2,000 232.30 88.09 2,320.39 Refer to the above note 4 2 181432-23407 12,000 8,340 2,000 232.30 88.09 2,320.39 Refer to the above note 4 3 181432-23408 12,000 8,340 2,000 232.30 88.09 2,320.39 Included in UD No.1048 4 4 181432-23409 12,000 9,048 2,000 232.30 95.56 2,327.86 Refer to the above note 4 5 181432-23417 12,000 8,650 2,000 232.30 91.36 2,323.66 Included In UD No. 1048 46 181432-23418 12,000 9,630 2,000 232.30 101.71 2,334.01 Refer to the above note 4 7 181432-23419 12,000 9,630 2,000 232.30 101.71 2,334.01 Refer to the above note 4 8 181432-23421 12,000 8,650 2,000 232.30 91.36 2,323.66 Refer to the above note 4 9 181432-23445 12,000 9,630 2,000 232.30 101.71 2,334.01 included In UD No. 1048 50 181432.23446 2,750 9,630 2,000 53.24 101.71 2,154.95 Refer to the above note 51* 181432-32010 1,000 3,600 2,000 19.36 38.02 2,057.38 Refer to the above note TD -12 RG.6 2 - 6/16/92 Map Ref. St Parte I Number Land Value Area (Square Feet) Flat Rate Land Value Rate 0.019358335699 Area Rate 0.016213624937 Total LD Assessment / Water Connection Charge Comment 52 181432-32012 1,600 5,665 2,000 30.97 59.83 2,090.81 Included In LID No.1048 53 181432-32013 1,100 3,920 2,000 21.29 41.40 2,062.70 Refer to the above note TOTAL 774,860 4,933,909 $117,000 $15,000.00 $52,111.13 $184,111.13 NOTE: With reference to Paragraph 3 of the Latecomer's Agreement the provisions of Resolution No. D-5712, adopted March 6, 1990, are hereby incorporated in this Latecomer's Agreement. Specifically, Section 3 of Resolution No. D-5712 states, "The design of the existing domestic water system serving the Gleed area necessarily limits extension of service to additional domestic users, eighty (80) domestic water services (typical single-family residences) or one thousand. six hundred (1,600) gallons per minute capacity in the aggregate, together with a maximum of two (2) additional fire hydrants or other safety service installations. Applications for water service will be granted by the City Manager to applicants who comply with the policy and provisions of this resolution as those applications are received and until the system capacity is reached, after which no additional connections or extensions of service will be granted unless further action is taken by the City Council to authorize further service." The above assessments may be adjusted accordingly to land use, property line adjustments or property corrections relative to the size and land value. The scision of the City Engineer or his authorized representative in determining or ,omputing the amount due from any benefitted owner who wishes to hook-up to such improvement, shall be final and conclusive in all respects. * Properties do not front the improvement. Access to improvement is through adjoining property with same ownership. TD -12 RG.6 3 — 6/16192 1 inch = 700 feet. M etre:4 Naches School Dist It Water Reimbursab1e M • Agreement•