HomeMy WebLinkAboutR-1992-D6198 Monte ScaccoRESOLUTION NO.
6198
A RESOLUTION authorizing the City Manager and City Clerk of the City of
Yakima to execute an agreement with Monte Scacco for the
partial reimbursement of construction cost for a sewer
main extension.
WHEREAS, Monte Scacco has, in reliance on potential reimbursement
upon meeting qualifications under City policy, installed a sewer main
extension, and
WHEREAS, Monte Scacco has met the requirements of City policy for
reimbursement, which the City is authorized to make pursuant to RCW 35.91,
now, therefore,
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 Monte Scacco entitled
"Sewer Reimbursement Agreement", a copy of which is attached hereto and by
reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this
c=:)c:_.--v• • , 19')2 .
ATTEST:
&yr. Mil.
ENGRZ/SCACCO September 29, 1992
day of
REIMBURSEMENT AGREEMENT AND CONVEYANCE
RE: SEWER
UTILITY SYSTEM
ku
THIS AGREEMENT made and entered into this IG01 , day of
bow , 194 a—, by and between the CITY OF YAKIMA, a municipal,
corporation located in Yakima County, Washington, hereinafter referred to
as "CITY" and Monte Scacco, hereafter referred to as "DEVELOPER";
W ITNESSET H:
WHEREAS, The Developer, in reliance on potential reimbursement
upon meeting qualifications under. City policy, installed certain sewer
lines and appurtenances 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 Parcels 181320-13451, 181320-13452 and 181320-13453
The Developer will install the following described improvements:
An 8 -inch sewer line along the north side of Avalanche Avenue,
between North 70th Avenue and North 72nd Avenue.
The installation will comply with all applicable codes and
regulations of the City of Yakima. In addition to the terms of this
agreement, all facilities offered by this developer under this agreement
upon the City's acceptance shall be subject to all City ordinances
regulating utility facilities in general, as now or hereafter adopted.
The Developer represents all expenses and claims in connection with the
construction and installation of the aforesaid improvements, whether for
labor or materials have been or will be paid in full, all at the
Developer's expense, and the Developer will defend and hold the City of
Yakima harmless from any liability in connection therewith.
2. The Developer certifies that the total estimated cost of said
construction as above specified will be in the sum of $21,830.68.
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.
The total cost of said improvement shall be employed to determine thepro-
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
Engr. i Util.
ENGRI/SCACCO
rt
this Agreement. The pro -rata per parcel is $2,728.84; provided, that in
no event shall the Developer be reimbursed for an amount greater than
$8,186.52, construction costs documented by the developer.
3. The Developer agrees that the construction and installation of
the described improvement is in the public interest and in furtherance
of public health and sanitation.
4. The Developer will convey, transfer and assign the 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 Sales 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.
5. The Developer guarantees workmanship and materials in the
facilities subject to this agreement, for a period of one year after the
City's acceptance of the facilities; Developer warrants that the
facilities are fit for use as part of the City sewer system. Developer
will defend and hold the City harmless from any liability claimed by a
third person due to faulty workmanship and materials within the
aforementioned one-year guarantee period.
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. A11 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, 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.
Engr. i at31.
ENGRZ/SGAOCO
DATED THIS
/61D DAY OF
BY
ATTEST:
City Clerk
BY
flri CONTRACT NO. % -/ v % / C i`7 4
STATE OF WASHINGTON )
ss
County of
, 19 et 3— .
CITY OF YAKIMA, WASHINGTON,
a Municipal Corporation
DEVELOPER
ty Manager
Monte Sc.cco
Develope
On this day personally appeared
, to me known
and who ecuted the within and foreg
that ��� signed the same as
deed, for t e uses and
before me /2 n) 1L0
6�
to be the inOividual described in
ing instrument, and acknowledged
free and voluntary act and
purposes therein mentioned.
AL2-
Given under my hand and official seal this/ day o
19 (10---".
at
a,k4i LAA bt-e
N t r04/76/01
yi.
PAblit n and for the St
1 , residing
EXHIBIT A
Properties benefitting from Avalanche Avenue Sewer, City Project
No. 1491.
Connection Rate: $2,728.84 per parcel
Parcel No.
181320-13006
181320-13029
181320-13003
181320-13004
181320-13009
Amount
$2,728.84
$2,728.84
$2,728.84
Exempt per Letter of Agreement
Exempt per Letter of Agreement
Note: Reference should be made to paragraph 7 of the
Reimbursement Agreement concerning computations.
Note:
Documentation confirming costs by reference made a
part of this Latecomer's Agreement filed at the City
Clerk's Office.
LETTER OF UNDERSTANDING
Monte Scacco, referred to as the DEVELOPER installed
Public Sewer System described as follows:
An 8 -inch sewer line along the north side of Avalanche
Avenue, between North 70th Avenue and North 72nd Avenue.
a
The "Developer" hereby acknowledges that the immediate
purpose of the sewer was to serve the following described
parcel(s):
Yakima County Parcel Nos.
181320-13451
181320-13452
181320-13453
The Developer paid all costs and expenses for the
installation of said improvements, this LETTER OF
UNDERSTANDING signed by the "Developer" authorizes the City to
proceed with the necessary steps to execute a REIMBURSABLE.
AGREEMENT between the City and the Developer. Said agreement is
subject to City Council approval.
The costs and expenses associated with this project are
defined as follows:
Engineering
Sewer Construction
Inspection Fees
Construction Costs
$ 3,524.00
15,919.68
795.00
1,592.00
$21,830.68
The method of fair cost proration based on the above stated
costs for future utility connections is as follows:
$21,830.68 total project cost = 8 parcels = $2,728.84 per
parcel
The owner of real estate who did not contribute to the
original cost of said described utility improvement being City
Project No.1491 and who subsequently tap onto the improvement
will be assessed a utility connection charge to the terms of the
SEWER REIMBURSABLE AGREEMENT and in compliance with City
Ordinance. The affected properties are legally described in
Exhibit A and indicated on the attached map.
DEVELOPER
Engr. i [Jti1.
ENGR2/scAcco
Dated this •11 -day of L5_c_.p c. r -'^ 1992.
STATE OF
County o
I, t undersigned Notary Public,4/and for the to e and
County, do)ereby certify that on this c.)/d. o
, 19 J— , personally appeared before me % A/
, to me known to be the individua _ described in
and who executed the within instrumen and acknowledged that
signed and sealed the same as /7.0 free and voluntary act
and deed for the uses and purposes therein mentioned.
of
Notary, Public in and f
residing at
e State
My commission expires: 9'�-a"'" 94-
NE 1/4 Section 20 Township 13 North, Range 18
/3001 13011
•I . 41
AYALAMCIIE AVE
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13417 13442
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LEGEND
Benefitted Sewer Area
Reimbursable
Non -Reimbursable