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HomeMy WebLinkAboutR-1993-016 ReimbursementRESOLUTION NO R-93- 1 6 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with J Robert Nicholls for the partial reimbursement of construction cost for a sewer main extension. WHEREAS, J Robert Nicholls has, in reliance on potential reimbursement upon meeting qualifications under City policy, installed a sewer main extension, and WHEREAS, J Robert Nicholls 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 J Robert Nicholls entitled "Sewer Reimbursement Agreement", a copy of which is attached hereto and by reference made a part hereof ADOPTED BY TI -FE CITY COUNCIL this (c, day of MAYOR ATTEST CITY CLERK Eng. & Util ENGRI Nicholls 2995568 Sve.V���' REIMBURSEMENT AGREEMENT AND CONVEYANCE 1�`.. Z / RE: SEWER UTILITY SYSTEM (�'G Wit!► V 0 9 52 Ail 'Q lsz THIS AGREEMENT made and entered into this �l7 day of , 19 '13 , by and between the CITY OF YAKIMA, a municipal ccJpdration located in Yakima County, Washington, hereinafter referred to as "CITY^ and J. Robert Nicholls, 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 191311-21451 and 191331-21452 The Developer will install the following described improvements: An 8 -inch public sewer main extension constructed to serve lots 9 and 10, Voelker Parrott Subdivision; beginning at the existing manhole on McNefe Lane, and extending north approximately 210 feet to the north boundary line of lot 9. 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 there- with. 2. The Developer certifies that the total estimated cost of said construction as above specified will be in the sum of $17,362.27. 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 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. The pro -rata per parcel is Eng. & Util. Engr. AAS $3,472.46; provided, that in no event shall the Developer be reimbursed for an amount greater than $10,417.38, 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 Bilis 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 acceptance of the completed project (2/26/90), 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, 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. Eng. & Util. Engr. AA6 DATED THIS V DAY OF BY ATTEST: 1<cuu-,--- ,-e-6-e}r-e- City Clerk BY 93 -;?3 -c/3-/ to STATE OF WASHINGTON ) 33 County of 19 93 . CITY OF YAKIMA, WASHINGTON, a Municipal Corporation DEVELOPER J. Robert Nicholls Developer On this day personally appeared before me J X9e4i /(d_L , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that signed the same as ' .c..o free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this y day of *-.7;r:4(1.- 19 g.:5 - 19y.3. Eng. & Util. Engr. AA7 Public in and for the State -►G>n t- , residing at of EXHIBIT A Properties benefitting from Nicholls Sewer Extension, City Project No. 1390. Connection Rate: $3,472.46 per parcel Parcel No. Front Foot Amount 191331-21451 -0- (property owned by Developer) 191331-21452 -0- (property owned by Developer) 191331-21453 $3,472.46 191331-21463 $3,472.46 191331-21464 $3,472.46 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 Eng. & Util Engr. Forms Let of Und. 6 NW k • J1437 .25 r7 , 22434 34 = 1 14 t7 :2+94 .21 it i 12441 43 ♦ i n. 2:440 1 .21 t 1:550 22551 11$41 41(4, 11441 21 21 1:483 12444 .21 , .31 12444 1:447 ;f :4 -a 22444 I . 2i �124to 24441 12471 i AO 14 21 N .Cll. a 1 n., .22 v. Section 31, Township Range 19 21400 4.37 J17./ 22473 • 21414 ' .11 t .22 . s b 22472 2:474 .22 .44♦ n 21440 .22 OME6----ADO 2:475 $ 1: 11481 .32 .22 12442 it l 11473 :rats II .22 1 . 22 : r 21471 1440 1 .32 t .22 . x r ----A YAW' ✓ 11477 :1442 O .22 39 22 • .40D. t :Aro 21441 .12 t .01 jj444 .22 u• 1 1,4_41 AMP .1 1t ,d oommrai s PHOEBE D. ADAMS SUBD. LEGEND 24402 5.37 Benefitted Sewer Area Reimbursable Non -Reimbursable 81474 1.15 .r+ 21405 6.53 21401 2. as tar.., LETTER OF UNDERSTANDING Nicholls Sewer Extension City Project No. 1390 J. Robert Nicholls, referred to as the DEVELOPER installed a Public Sewer System described as follows: An 8 -inch public sewer main extension constructed to serve Lots 9 and 10, Voelker Parrott Subdivision; beginning at the existing manhole on McNefe Lane and extending north approximately 210 feet to the north boundary line of Lot 9. The "Developer" hereby acknowledges that the immediate purpose of the sewer line was to serve the following described parcel(s): Yakima County Parcel Nos. 191331-21451 191331-21452 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: 1. Inspection Fees (City of Yakima) 2. Construction Costs 3. Engineering Fees - $ 782.52 - $15,229.75 - $ 1,350.00 $17,362.27 The method of fair cost proration based on the above stated costs for future utility connections is as follows: Total Project Cost: $17,362.27 ÷ 5 parcels = $3,472.46 per parcel. Eng. & Util Engr. Forms Let. of Und. 4 The owner of real estate who did not contribute to the original cost of said described utility improvement being City Project No.1390 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. J. Robert Nicholls Dated this 4/.6.4 day ofa-i-m'-1-- , 1993. STATE OF Iu� �. } : ss. County of } 6 I, the undersigned Notary Public, i and for the State and County, do hereby certify that on this h/day Rf X74-te-4- , 19 `(3 , personally appeared before me .r 4 -d -e- to me known to be the individual _ described in and who executed the within instrument and acknowledged that &.- signed and sealed the same as free and voluntary act and deed for the uses and purposes therein mentioned. a��F'y P blic in and for t State of G( '.e , residing at My commission expires: Eng. & Util Engr. Forms Let. of Und. 5 3USINESS OF THE CITY CO`.4CIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1) - For Meeting Of 3/16/93 ITEM TITLE: Resolution authorizing the execution of a Sewer Main Reimbursable Agreement with J. Robert Nicholls SUBMITTED BY: Department of Engineering & Utilities CONTACT PERSON/TELEPHONE: Dennis Covell, Director of Engineering & Utilities 575-6161 SUMMARY EXPLANATION: A sewer main was installed to provide service to existing residential property. All costs of the sewer line were paid by J. Robert Nicholls. The Sewer Reimbursable Agreement in compliance with RCW is the means by which J. Robert Nicholls may recover a portion of the construction costs. Resolution X Ordinance _ Contract _ Other (Specify)Agreement/Letter of Understanding Funding Source APPROVED FOR SUBMITTAL: ice►, Ci y anager STAFF RECOMMENDATION: Staff recommends City Council approval of the attached agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-93-16 Legal/BD Agenda C Bremerman