HomeMy WebLinkAboutR-1994-101 Water Utility System Reimbursement Agreement411 RESOLUTION NO. R-94 101
A RESOLUTION authorizing the City Manager and City Clerk of the City of
Yakima to execute a Water Utility System Reimbursement
Agreement and Conveyance between the City of Yakima and
Tandem Construction, Inc.
WHEREAS, Tandem Construction, Inc., in reliance on potential
reimbursement pursuant to RCW 35 91 020, installed certain water lines and
appurtenances thereto and connected same to the City's water utility system so
that such improvements constitute an integral part thereof; and
WHEREAS, Tandem Construction, Inc paid all the costs and expenses for
installation of said improvements; and
WHEREAS, no other property owners or users were available to share in the
cost and expense of construction of said improvements, and
WHEREAS, the City and Tandem Construction, Inc agree that the
construction and installation of said improvements is in the public interest and in
furtherance of public health and sanitation, and
WHEREAS, it is in the best interest of the City to enter into a Water Utilit)
System Reimbursement Agreement and Conveyance with Tandem Construction,
Inc according to the terms of the attached agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to
execute the attached and incorporated Water Utility System Reimbursement
Agreement and Conveyance with Tandem Construction, Inc.
ADOPTED BY THE CITY COUNCIL this 19th day of July , 1994
ATTEST
c me,
City Clerk
!ls)res/wtr reimburse pm
Mayor
(Lys/
WATER UTILITY SYSTEM Os'`
EURSEMENT AGREEMENT AND CONVEYANCE ‘P'
THIS AGREEMENT is made and entered into this ,23 'day of- u s
19� ; by and between the City of Yakima, a municipal corporation located in
Yakima County, Washington, herein referred to as "City," and Tandem
Construction, Inc., herein referred to as "Developer."
WHEREAS, the Developer, in reliance on potential reimbursement
pursuant to RCW 35.91.020, installed certain water lines and appurtenances
thereto at, near, or within the below -described property and connected same to
the City's water utility system so that such improvements constitute an integral
part thereof; and
C WHEREAS, the Developer paid all the costs and expenses for the
installation of said improvements; and
CD
C�? WHEREAS, no other property owners or users were 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 35.91.020; and
WHEREAS, the City and Developer agree the construction and
installation of said improvements is in the public interest and in furtherance of
public health and sanitation;
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the City and the
Developer as follows:
1. Property Owned by Developer. The Developer represents that it is the
owner of the following -described property:
Lot 1, Short Plat 89-1
(Assessor's Parcel Number 181335-21423)
Lot 2, Short Plat 89-1
(Assessor's Parcel Number 181335-21428)
Lot 3, Short Plat 89-1
(Assessor's Parcel Number 181335-21429)
Lot 4, Short Plat 89-1
(Assessor's Parcel Number 181335-21426)
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2. Water Utility System Improvements. The following -described water
utility system improvements were installed by the Developer in connection with
the above-described property:
An eight (8) inch public water main extension on South 27th
Avenue from the south line of Suncrest Addition south to
Racquet Lane, a distance of approximately six hundred fifty
(650) feet.
The Developer certifies that the total cost of said improvement construction is
Nineteen Thousand, One Hundred Eighty -Five Dollars and Eighty -Nine Cents
($19,185.89).
3. Compliance with Applicable Codes/Regulations. The Developer
represents that said water utility system improvements comply with all
applicable codes and regulations of the City of Yakima. The Developer agrees
that said water utility system improvements and all facilities operated by the
Developer pursuant to this Agreement are subject to all City codes, ordinances,
and regulations regarding utility facilities in general, as now or hereafter
adopted.
4. Payment of Labor/Material Expenses. 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. Developer will defend, indemnify,
and hold the City harmless from any and all liability in connection therewith.
5. Reimbursement for Improvements. The legal description of the
property affected by this Agreement and a map outlining the land affected by
such additional charges per the terms of this Agreement are contained in
Exhibit "A," which is attached and hereby incorporated into this Agreement.
The total cost of said water utility system improvement shall be utilized to
determined the pro -rata reimbursement to the Developer by any owner of real
estate, who did not contribute to the original cost of said improvement, and
who subsequently wishes to tap on or connect to said improvement, all subject
to the laws and ordinances of the City of Yakima, the State of Washington, and
the provisions of this Agreement. The pro -rata per front lineal foot is Fourteen
Dollars and Seventy -Six Cents ($14.76); provided that in no event shall the
Developer be reimbursed for an amount greater than Fourteen Thousand, Six
Hundred Twelve Dollars ($14,612.00).
No person, firm, corporation, or other entity shall be granted a permit or
be authorized to tap into the facility for water service during a period of fifteen
(15) years from the date this Agreement is recorded pursuant to Section 9,
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 facility constructed in
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connection therewith, the amount required by the provisions of this Agreement
except such charges shall not apply to any extension of the main facility. All
amounts so received by the City shall be paid to the Developer under the terms
of this Agreement within thirty (30) days after receipt thereof. Upon expiration
of the aforementioned fifteen (15) year term, the City shall be under no further
obligation to collect or make any further payments to the Developer for said
improvements. The Decision of the City Engineer or his authorized
representative in determining or computing the amount due from any benefited
owner/party who wishes to hook up to said improvements, shall be final and
conclusive in all respects.
6. Conveyance of Improvements to City. After inspection and approval of
said water system utility improvements by the City Engineer and acceptance by
the Yakima City Council, the improvements shall be part of the City of Yakima
water utility system. The Developer agrees to convey, transfer, and assign the
City all right, interest, title in and to said improvements and appurtenances
and accessories thereto, free from any and all claims and encumbrances of any
party whomsoever. The Developer will deliver to the City any and all
documents including quit claim deeds and bills of sale that may reasonably be
necessary to fully vest title in the City. After conveyance, the Developer shall
pay to the City such service fees or other charges that are or may be imposed
by ordinance of the City of Yakima to like users of the same class.
7. Guarantee. The Developer guarantees workmanship in and materials of
said water utility system improvements for a period of one (1) year after the
City's acceptance of the facilities. The Developer further warrants that said
improvements are fit for use as part of the City water utility system. Developer
agrees to defend, indemnify, and hold harmless the City from any and all
liability claimed by a third party due to faulty workmanship and materials
within the aforementioned one (1) year guarantee period.
8. Extension/Addition. The City reserves the right, without affecting the
validity or terms of this Agreement, to make or cause to be made, extensions or
additions to said improvements and to allow service connections to be made to
said extensions or additions, without liability on the part of the City.
9. Recordation. This Agreement shall be recorded by the City Clerk with
the Auditor of each county in which any of the benefited property is situated,
and shall remain in full force and effect for a period of fifteen (15) years after
the date of such recording, or until the Developer, or its successors or assigns,
is 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 water system facilities, such determination of uselessness to be in
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the absolute judgment of the City Engineer, then the City's collection obligation
pursuant to this agreement shall cease.
DATED this o232day of At, Gr.s , 19�
CITY OF YAKIMA, WASHINGTON
By:
DEVELOPER
TANDEM ' -.1 UCTION, INC.
i
By: % ,‘'
Dick Zais, City Manager vI llingsworth and/or
John C. Wilde
ATTEST:'. `t, Its: S &GR,E-r A\ (Z,(
''CitycClerk
T C ^VTRACT 140 Cl C_! §10_0_\_-(7 L/-10 i J
STATE' WASI311VGTON )
= :ss.
County of Yakima
I certify that I know or have satisfactory evidence that Jo h £ . W r (dais
the person who appeared before me, and said person acknowledged that he
signed this instrument, on oath stated that he was a thorized to execute the
instrument and acknowledged it as the Sec r e �7 of Tandem
Construction, Inc., a ik/� s ( •' o� corporation, to be the free and
voluntary act of such party for the uses and purposes mentioned in the
instrument.
DATED: /h, 233 / �¢
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N • ° ' Y PUBLIC in and for the
State_o Washington, residing
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EXHIBIT A
Properties benefiting from South 27th Avenue Watermain Extension, City
Project No. 1137.
Connection Rate: $14.76 per front lineal foot
Parcel No. & Legal Description
Yakima County Parcel 181335-21423 Legally
described as Lot 1, Short Plat 89-1
Yakima County Parcel 181335-21428 Legally
Described as Lot 2, Short Plat 89-1
Yakima County Parcel 181335-21429 Legally
Described as Lot 3, Short Plat 89-1
Yakima County Parcel 181335-21426 Legally
Described as Lot 4, Short Plat 89-1
Yakima County Parcel 181335-21009 Legally
described as N 202.5 FT OF W 1/2 SW 1/4
NE 1/4 NW 1/4 EX W 25 FT CO. RD.
Yakima County Parcel 181335-21010 Legally
described as S 127.5 FT OF N 330 FT OF W 1/2
SW 1/4 NE 1/4 NW 1/4 EX W 25 FT CO. RD.
Yakima County Parcel 181335-22009 Legally
described as N 1/2 SE 1/4 NW 1/4 NW 1/4 EX
E 25 FTCORD&EXW 92FTOFE 117FTOFS
140 FT & EX W 80 FT OF E 197 FT OF N 135 FT
AND EXW80FTOFE 105 FTOFN 135 FT
Reimbursable Amount
-0- (Property Owned by
Developer)
-0- (Property Owned by
Developer)
-0- (Property Owned by
Developer)
-0- (Property Owned by
Developer)
$2,989.00
$1,882.00
$ 812.00
Yakima County Parcel 181335-22010 Legally $2,066.00
Described as W 92 FT OF E 117 FT OF S 140 FT OF
N 1/2 SE 1/4 NW 1/4 NW 1/4
17.1452 1316
Yakima County Parcel 181335-22012 Legally
Described as W 80 FI' OF E 105 FT OF N 135 FT
OF SE 1/4 NW 1/4 NW 1/4
$1,993.00
Yakima County Parcel 181335-22401 Legally $2,435.00
Described as SP H-9: Lot "1" PACD 12/84-209169-
MCDONALD-FAIRBAIRN
Yakima County Parcel 181335-22402 Legally $2,435.00
described as SP H-9: Lot "2"
TOTAL REIMBURSABLE AMOUNT $14,612.00
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TAND:M, INC.
REIMBURSABLE AGREEMENT
it 33
Scale • 1 : 200
0
TANDEM
100
I City of Yakima, Washington MR'
June 27, 1994 lor
73i.1452 1318