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