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•