HomeMy WebLinkAboutR-1992-D6196 Annexation_
RESOLUTION NO. p 1 9 (1
A RESOLUTION: setting the date of October 20, 1992, at 2:00 p.m. for a public
meeting to consider acceptance of the proposed Wide Hollow
Annexation.
WHEREAS, since 1965 the City of Yakima has used outside utility agreements
(OUAs) as a means of extending sewer and water service to residents or property
beyond the City limits in exchange for a promise to take all necessary legal steps
for later annexations of such property; and
WHEREAS, the City Council wishes to protect the integrity of its OUAs in
light of an impending incorporation of the West Valley area; and
WHEREAS, the City Council also desires to protect its investment in its
Wastewater Treatment Plant through a process of orderly annexations; and
WHEREAS, the City Council deems it to be in the best interest of the citizens
of the City of Yakima to initiate the petition annexation process for the proposed
Wide Hollow Annexation through the use of OUAs from such area, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The City Council hereby acknowledges the receipt and filing of OUAs
covering not less than 10% of the value of the property for the proposed Wide
Hollow Annexation thereby commencing the petition annexation process under
RCW 35.13.125 et seq.. The originals or certified copies of such OUAs are attached
and incorporated hereto. A map of such proposed annexation area is attached and
incorporated herein.
2. The date of October 20, 1992, at 2:00 p.m., at the Yakima City Hall, City
Council Chambers is hereby set as the date, time, and place for a meeting with the
initiating parties of this annexation and all other interested parties at which time
the Council will consider whether to accept, reject or geographically modify the
proposed annexation.
3. The City Clerk is hereby directed to mail written notice to all
signators and occupants of properties covered by OUAs in the proposed
annexation area of the information contained in Section 2 herein.
ADOPTED BY THE CITY COUNCIL this \--.(44day of OcrT
, 1992.
A EST: Mayor
City Clerk
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2977123
OUTSIDE UTILITY AGREEMENT
THE UNDERSIGNED, being the owner(s) and/or occupant(s) of the
following described property within Yakima County, Washington, to wit:
The Northwest quarter of the Southwest quarter of Section 29, Townshi 13
North, Range 18, E.W,M,, p
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 ali
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 for 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 and
the buildings, structures and other 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 EXHIBIT 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 Yakima County. The City shall have the right at any
and ali reasonable times to inspect the property described above, and
ally existing buildings, structures and other improvements thereon.
3. The undersigned owner(s) further agrees (agree) that he (they)
wiii 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
and participate in any such annexation proceedings; and that he (they)
• ill not protest the future formation of any local improvement district
E.:r domestic water and/or sewer for any district which includes the
property affected by this agreement.
4. The undersigned further agrees (agree) to perform and other-
wiTe comply with the requirements, restrictions and other provisions
:'ontained on the attachment hereto marked "EXHIBIT B" and by reference
inadt a part hereof in order thatthisproperty be used and/or developed
YAKIMA + ;UN i
•
Flt_FD i 1 _ _ :
OCT 13 1034M1.'92
will file such a bond in the amount speci
shall be issued by a corporate surety com
in the State of Washington, and which bond
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 shall
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.
d ,pop EKHIBT B, which bond
t'pu,thorz'ed to do business
shMI 'die subject to the
DATED this - u day of
STATE OF WASHINGTON )
: ss,
County o f Yakima )
19 -77 .
CITY OF YAKIMA
AUTHORIZATION NO.
Signature c Owner(s)
agjcz
. Signature of Occupant(s)
OUTS IDE UTILITY AGRE E:MEN T
CLD
THE UADERSIGNED, being the owner(s) and/or occupant(s) of the following
described property within Yakima County, Washington, to wit:
1'
Yakima County, State of Washington
Short Plat Book P, page 22, Lot 3, Tax parcel #181329-34405, file #251-5616,
located at the Northwest corner of South 72nd Avenue and West Meade Avenue,
Yakima, Washington.
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 for the service
hereby applied for.
2. The undersigned pranise(s) and agree(s) to make all alterations, improve-
ments and repairs on and to such property and the buildings, structures and other
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 completed within the time specified on EXHIBIT A. Any future new con-
struction, 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 Yakima County. The City shall have
the right at any and all reasonable times to inspect the property described above,
and any existing buildings, structures and other improvements thereon.
. 3. The undersigned owner(s) further agree(s) 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 and participate in any such annexation
proceedings; and that he (they) will not protest the future formation of any local
improvement district for domestic water and/or sewer for any district which in-
cludes the property affected by this agreement. l
4. The undersigned further agree(s) to perform and otherwise comply with the
requirements, restrictions and other provisions contained on the attachment hereto
marked "EXHIBIT B" and by reference made a part hereof in order that this property
be used and/or developed in accordance with the General Plan of the City and as if
the property were situated within the boundaries of the City of Yakima, all of
which are conditions of the granting by the City of the service(s) applied for by
the undersigned.
5. The undersigned further agree(s) that the City may require the undersigned
to file with the City a bond conditioned so as to'insure the performance by the
undersigned of his (their) obligations under this Agreement; and in the event the
City so requires, the undersigned will file such a bond in the amount specified
on Biii1r11 B, which bond shall 3� :y.=a:y e:.tthor 'ed
to do business in the State of Washington, and which "nnd .;b'1l be subject to the
• rte,
1� )
#524-9392
DATED this _1__day of May r 19 83
CITY OF YAKIMA
AUI1KEIZATION IVC). 76,3
.r
Corpxegors of the Preslding Bishop of the church of
Jesus Christ of Latter-day Saints, a Utah Corporatio:, soh,
nJA /1 -1N -L,
Co
ignat,urtir'e-Property Owner(s) Authorized Agent "4"/
ilgnature of Occupant(s)
STATE OF UTAH
: ss
COUNTY OF SALT LAKE )
On this 12 day of MSV , 1981 , personally appeared
before me Fred A Raker-, personally known to me to be the
Authorized Agent of the Corporation of the Presiding Bishop of the Church of
Jesus Christ of Latter-day Saints, who acknowledged to me that he signed the
foregoing instrument. as Authorized Agent for the Cor••ration of the Presiding
Bishop of The Church of Jesus Christ of Latter-d.-'aj.n .� corporationsole, and the said Fred A Raker ..-
- �,i�•; ,a Q�:eN to me that:
the said Corporation executed the same.
My emission expires:
fi,LLZ��8.4_s
C
K�
Notary `1?ubl in ;... f•'' State of
Utah '3,t,,,r , _,;y.z>
��:T."-
1 -) ,-.;,....
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i ,p6ON5 AS 100.00/ Cr
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OUTSIDE UTILITY AGREEMENT
THE UNDERSIGNED, being the owner(s) and/or occupant(s) of the
following described property within Yakima County, Washington, to wit:
See attached form
/8/329- 13 -to t
Cli
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,
f�ureen due,
local'the City inprovementfYakidistrictall
connection charges, service fees,
assessments, if any, and any and all other charges and fees required
by law to be paid for the service hereby applied for.
2. The undersigned promises (promise) and agrees (agree) to make
all alterations, improvements and repairs 1n and to such property and
the buildings, structures and other impr:,verents 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 EXHIBIT A. Any future new construc-
tion, or future alterations, additions or repairs, shall nccorequired
an
and all then applicable construction and zoning codes,
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 Yakima County. The City shall have the right at any
and all reasonable times to inspect the property described above, and
any existing buildings, structures and other improvements thereon.
3. The undersigned owner(s) further agrees (agree) that he (they)
will sign any and a'l 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
and participate in any such annexation proceedings; and that he (they)
will not protest the future formation of any local improvement district
for domestic water and/or sewer for any district which includes the
property affected by this afire:,= ler&t.
4. The undersigned furth€r agrees (agree) to perform and other-
wise comply with the requirements, restrictions and other provisions
"FXHTRTT B" and by reference
will file such 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 shall
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 L !day of J c&. / j , 19Zi6.
CITY OF YAKIMA
By
AUTHORIZATION NO. /
//-
Signature of Property Owner(s)
. Signature of Occupant(s)
STATE OF WASHINGTON )
ss.
rn„nty n f Yakima )
•
RO::ALD H. KEARNS
Pastor
Phone 966-0629
West Valley
CHURCH OF THE NAZARENE
7109 WEST NOB HILL BOULEVARD
DOUG SLAYMAKER
Associate Pastor
Phone 965.0719
YAKIDIA, WASHINGTON 98908 PHONE 966-1550
LEGAL DES CRI PTI O N
Parcel "B"
That portion of the Southwest quarter of the Northeast quarter of Section 29,
Township 13 North, Range 18 E.W.N. described as follows:
Beginning at the Southwest corner of said subdivision;
thence North 10011 West along the West line thereof 408.71 feet;
thence North 90000' East parallel with the South line of said subdivision
358.71 feet;
thence South 1001' East parallel with the West line of said subdivision
408.71 feet to the south line thereof;
thence South 90°00 West along said south line 358.71 feet to the Southwest
corner of said subdivision and the Point of Beginning.
EXCEPT THE South 208.71 feet of the West 208.71 feet of said subdivision as
described in Quit Claim, recorded under Auditor's File No. 1789427, in Volume
599 of Deeds, records of Yakima County, Washington.
AND EXCEPT right of way for roads on the South and West.
Parcel "A"
South 208.71 feet of the West 208.71 feet of said subdivision as described
in Quit Claim, recorded under Auditor's File No. 1789427,in Volume 599 of
Deeds, records of Yakima County, Washington.
Said property being a portion of Tract 12, "Yakima Valley Orchard Tracts",
according to the plat thereof recorded in Volume "A" of Plats, page 75, records
of Yakima County, Washington.
TNF. ('1-)R)CT rr'r ri rr - 'r c-• TY . T...
SANITARY SEWER CAPITAL COST RECOVERY CHARGE PAYMENT AGREEMENT
THE UNDERSIGNED, WEST VALLEY CHURCH OF THE NAZARENE , owner of
real property legally described on EXHIBIT A attached hereto and
by this reference made a part hereof, desires to connect that
property to the City of Yakima sanitary sewer system serving the
geographical area identified as " WEST v,t! E/ ARL4 " situate
outside the corporate boundary of the City of Yakima. In con-
junction with and as a part of an application by the undersigned
to the City for such sewer connection and service, the undt, signed
agrees to pay to the City a "Capital Cost Recovery Charge" in
addition to any Local Improvement District assessments, connec-
tion charges presently provided by Chapter 7.56 of the City rf
Yakima Municipal Code, monthly or other periodic service charges
or other charges applicable to the connection or service contem-
plated by this agreement, as any of such assessments or char,.es
may otherwise be applicable to the sewer connection and servi;e
applied for by the undersigned.
The undersigned understands that the amount of the "C.=^=ta1
Cost Recovery Charge" has not been determined, but that the amount
of such charge, or the rate for computing such charge, will be
determined by the City and specified by an ordinance to be enacted
by the Yakima City Council; and the undersigned agrees to
to the City the Capital Cost Recovery Charge in an amount.
specified by that ordinance.
The undersigned understands that the ordinance to 1-;c.
enacted will further provide the time and manner for payment
such charge, and the undersigned agrees to comply with those pro-
visions; provided, within thirty days after notification by t:._,
City to the undersigned at the address below stated of the en -t
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 the tnn[1Prci anr)d ch.l l .,.,._i _ __Li _ _„
.y'+
Q•
(, r K L.( )
OUTSIDE UTILITY AGREEMENT
THE UNDERSIGNED, being the owner(s) and/or occupant(s) of the following
described property within Yakima County, Washington, to wit:
Ykiwq Goui 7r•
"fi' i Pte-« l �o. 18)327 -3/o0/
y
S
0
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 fccc required by law to be paid for the service
hereby applied for.
2. The undersigned promise(s) and agree(s) to make all alterations, improve-
ments and repairs on and to such property and the buildings, structures and other
improvements thereon as specified on the attachment hereto marked "EXIIBIT A"
and by reference made a part hereof, which alterations, improvements and repairs
shall be completed within the time specified on EXHIBIT A. Any future new con-
struction, 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 came ncernent 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 Yakima County. The City shall have
the right at any and all reasonable times to inspect the property described above,
and any existing buildings, structures and other improvements thereon.
3. The undersigned owner(s) further agree(s) 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 and participate in any such annexation
proceedings; and that he (they) will not protest the future formation of any local
improvement district for domestic water and/or sewer for any district which in-
cludes the property affected by this agreement.
4. The undersigned further agree(s) to perform and otherwise comply with the
requirements, restrictions and other provisions contained on the attachment hereto
marked "EXHIBIT B" and by reference made a part hereof in order that this property
be used and/or developed in accordance with the General Plan of the City and as if
the property were situated within the boundaries of the City of Yakima, all of
which are conditions of the granting by the City of the service(s) applied for by
the undersigned.
5. The undersigned further agrcc(s) that the City may require the undersigned
to file with the City a bond conditioned so as to insure the performance by the
undersigned of his (their) obligations under this Agreement; and in the event the
City so requires, the undersigned will file such a bond in the amount specified
on EXHIBIT P, which bond shall bc issued by a corporate surety company authorized
..... w. .v �..... .ik +✓ i
the State TN;,. �"' _ ?.'' a ' v hi .. M1.J •:...� t ''t ti .25..
,i•
DATED this ",•7 day of 144 eh , 19 Pi.
STATE OF WASHI:NGION )
ss.
County of Yakima )
CITY OF YAKIMA
AUTHORIZATION M. /
gnature of Property Owner s)
Signature of Occupant (s )
I, the undersigned Notary Public in and for the State� id County, do hereby
certify that on this /y day of /C1A i ch , 19 ¥9, personally appeared
before me
��� ► t� , to me known to
be the individual described in and who executed the within instr hent and acknow-
ledged that 1.1 ,P signed and sealed the same as free and voluntary act
a id ,deed for the uses and purposes therein mentioned.
Fy G
`I ti1�o•
Public in and for t Stat -o
Washington, residing at Yakima, Washington