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HomeMy WebLinkAboutR-1993-090 ReimbursementRESOLUTION NO. R-93- 90 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Richard A. Welke for the partial reimbursement of construction cost for a sewer main extension. WHEREAS, Richard A. Welke has, in reliance on potential reimbursement upon meeting qualifications under City policy, installed a sewer main extension, and WHEREAS, Richard A. Welke 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 Richard A. Welke for reimbursement of costs of installing a sewer main line, all as provided in an agreement entitled "Sewer Reimbursement Agreement", a copy of which is attached hereto and by reference made a part hereof. 24th ADOPTED BY THE CITY COUNCIL this day of August , 19 93 . ATTEST: (;),ct_Z >4eAvi klYOR CITY CLERK Eng. & Util. Engri/Welkel f !'T�! L -- REIMBURSEMENT AGREEMENT .AND CONVEYANCE RE: SEWER UTILITY SYSTEM THIS AGREEMENT made and entered into this day of 3,-t-� 19'13 , by and between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and Richard A. Welke, 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 Parcel No. 181330-11002 The Developer will install the following described improvements: An 8 -inch sewer line beginning at the existing stub on Tieton Drive (115' east of 83rd Avenue) and extending east appproximately 350 feet to new manhole on Tieton Drive. 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 $12,138.83. 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 Eng. & Util. 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 lineal front foot is $24.3751; provided, that in no event shall the Developer be reimbursed for an amount greater than $9,457.56, construction costs documented by the developer. 3. 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. 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. 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. Engri/Welke3 DATED THIS DAY OF ATTEST: , 19 c/..3 . CITY OF YAKIMA, WASHINGTON, a Municipal Corporation BY n, Lb w j( ���c.i Ltd EVELOPER City Clerk i% STATE OF WASHINGTON ) : ss County of Yakima ity Manager Richard A. Welke Developer On this day personally appeared before me J: ®c �c�w4,( �� L 1 K t✓ , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that #� signed the same as gots free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this 19.4-1.`day of , 19°0 _ . Eng. & Util. Engri/Welke4 Notary Public in and for the State of - Lk-° , residing at Y6k-rci P'4- LETTER OF UNDERSTANDING Richard A. Welke, referred to as the DEVELOPER installed a Public Sewer System described as follows: An 8 -inch sewer line beginning at the existing stub on Tieton Drive (115' east of 83rd Avenue) and extending east appproximately 350 feet to new manhole on Tieton Drive. The "Developer" hereby acknowledges that the immediate purpose of the sewer main extension was to serve the following described parcel(s): Yakima County Parcel No. 181330-11002 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 1G-EEMENT 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 City of Yakima Inspection Fee Construction Cost TOTAL $ 750.00 880.61 10,508.22 $12,138.83 The method of fair cost proration based on the above costs for future utility connections is as follows: stated $12,138.83 = 498 front feet - $24.38 per front lineal foot The owner of real estate who did not contribute to the original cost of said described utility improvement being City Project No.1567 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. KLth,t1(e Richard A. Welke, DEVELOPER Dated this day of , 1993. Eng. & Util. Engri/WelkeS STATE OF Washington} ss. County of Yakima } I, the undersigned Notary Public, in and for the State and County, do hereby certify that on this i - day of . -£-ti ) , 199-3 , personally appeared before me < 4c. k 'r L 4 \s. , to me known to be the individual __described in and who executed the within instrument and acknowledged that _ ��- signed and sealed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. Notary Public in and for the State of , residing at \1-1`-; My commission expires: 3 / ° '-/ 7 Eng. & Util. EXHIBIT A Properties benefitting from Richard A. Welke, Sewer Main Extension, City Project No. 1567. Connection Rate: $24.3751 per front lineal foot parcel No. Amount 181330-11002 181330-11015 181319-44423 $-0- (property owned by developer) $4,875.04 $4,582.52 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. 44424 43017 44408 1 44407 ; 44406 44405 1 44404 44007 44403 44010 44402 .7-4-4o11 44401 44400 A 11409 11410 T I ETON DR 44411 44412 44413 44414 44415 44419 44420 44421 44422 11017 n-^ 11012 11401 11407 11408 11029 11402 11028 CITY OF YAKIMA, WASHINGTON Information Services — GIS REQUEST: Sewer Reimbursable Agreement SE181319 NE181330 LOCATION: 11405 11406 11006 Scale — 1 200 0 100 200 Parent Parcel(s) City Limits