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