HomeMy WebLinkAboutR-1995-152 ReimbursementRESOLUTION NO. R-95-__152_
A RESOLUTION authorizing the City Manager and City Clerk of the City of
Yakima to execute a Sewer Utility System Reimbursement
Agreement and Conveyance between the City of Yakima and,
Mount Olive Lutheran Church
WHEREAS, Mount Olive Lutheran Church in reliance on potential
reimbursement pursuant to RCW 35.91.020, installed certain sewer lines and
appurtenances thereto and connected same to the City's sewer utility system so that
such improvements constitute an integral part thereof; and, and
WHEREAS, Mount Olive Lutheran Church paid all the costs and expenses for
installation of said improvements; and
WHEREAS, the City and Mount Olive Lutheran Church 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 Sewer Utility
System Reimbursement Agreement and Conveyance with Mount Olive Lutheran
Church 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 Sewer System Reimbursement Agreement and
Conveyance with Mount Olive Lutheran Church./
ADOPTED BY THE CITY COUNCIL this / day of
1995.
ATTEST:
CITY CLERK
Eng. & Util.
Engr MOLC4
u0.2,� .yam
MAYOR
SEWER UTILITY SYSTEM
REIMBURSEMENT AGREEMENT AND CONVEYANCE
THIS AGREEMENT made
19 1 a , by and between the
Yakima County, Washington,
Lutheran Church, hereafter
and entered into this /( day of 4:7D,O.-- ,
CITY OF YAKIMA, a municipal corporation located in
hereinafter referred to as "CITY" and Mount Olive
referred to as "DEVELOPER";
WHEREAS, The Developer, in reliance on potential reimbursement pursuant
to RCW 35.91.020, 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 improvements constitutes an integral part thereof;
and
WHEREAS, the Developer paid all the costs and expenses for the
installation of said improvements; and
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 35.91.02; 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:
Yakima County Assessor's Parcel Number 181320-33010
Legally described as E 385 FT of W 628.56 FT OF N 250 FT OF S 280 FT
OF SW 1/4 EX BEG S 89 D 34' E 243.56 FT OF SW COR SW 1/4, TH S 89 D 34'
E 431.44 FT, TH N 715 FT, TH S 35 D 45' W 50 FT, TH S 76 D 55' W 150 FT
TH N 80 D 55' W 261.7 FT TO A PT 243.56 FT E OF W LN OF SEC, TH S TO
POB.
2. Sewer Utility System Improvements. The following described sewer
utility system improvements were installed by the Developer in connection with
the above-described property:,
An eight (8) inch public sewer main extension on Tieton Drive, east from
South 80th Avenue for approximately 577 lineal feet.
The Developer certifies that the total cost of said improvement construction
is $49,457.42.
3. Compliance with Applicable Codes/Regulations. The Developer
represents that said sewer utility system improvements comply with all
applicable codes and regulations of the City of Yakima. The Developer agrees
that said sewer 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
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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 sewer utility system improvement shall be utilized to
determine 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 of the City of Yakima, the State of Washington, and the provisions
of this Agreement. The pro -rata per front lineal foot is $32.54634114;
provided that in no event shall the Developer be reimbursed for any amount
greater than $35,415.63.
No person, firm, corporation, or other entity shall be granted to permit
or be authorized to tap into the facility for sewer 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 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 detezwining
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 sewer system utility improvements by the City Engineer and acceptance
by the Yakima City Council, the improvements shall be part of the City of
Yakima sewer utility system. The Developer agrees to 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 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 will 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 and materials of said
sewer 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 sewer 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.
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9. Recordation. This Agreement shall be recorded with 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 sewer system facilities, such
determination of uselessness to be in the absolute judgment of the City
Engineer, then the City's collection obligation pursuant to this Agreement
shall cease.
DATED THIS i ( DAY OF OC 1O g + /Z , 19 J� .
CITY OF YAKIMA, WASHINGTON,
a Municipal Corporation
,(
BY
Dick, Zais, City Manager
ATTEST:
City Clerk
qs- /3/R
STATE OF WASHINGTON )
ss
County of Yakima
DEVELOPER
Mount Olive Lutheran Church
By:`(
Its: ',e' IiL'
I certify that I know or have satisfactory evidence that \`�k n
---4,keirOaAA signed this instrument and acknowledged it to be the free and
voluntary act for the uses and purposes mentioned in the instrument.
DATED this //u day of
Eng. & Util.
Engr MOLC3
, 1995.
PRINT-, NAME
Notary Public.i and for the State of Washington
6/9,42-4,
residing at ___
My Commission expires:
(1499 1819
EXHIBIT A
MOUNT OLIVE LUTHERAN CHURCH
SEWER MAIN REIMBURSABLE AGREEMENT
Properties benefiting from Mount Olive Lutheran Church Sewer Main Extension,
City Project No. 1735.
Connection Rate: $ 32.54634114 per front lineal foot
Parcel Number & Legal Description Reimbursable Amount
Assessor's Parcel Number 181320-33400
Legally described as Sun Valley View, Lot 1.
Assessor's Parcel Number 181320-33409
Legally described as Sun Valley View, Lot 10
$ 3,482.46
2,817.21
Assessor's Parcel Number 181320-33010 -0-
Legally described as E 385 Ft of W 628.56 Ft of N (Property Owned by
250 Ft of S 280 Ft of SW 1/4 ex Beg S 89 D 34' E Developer)
243.56 Ft of SW Cor SW 1/4, Th S 89D34'E
431.44 Ft, th N 715 Ft, th S 35 D 45' W 50 Ft, th
S76D55'W 150 FtthN 80 D 55' W 261.7 Ftto
a Pt 243.56 Ft E of W Ln of Sec, th S to POB.
Assessor's Parcel Number 181320-33004
Legally described as E 100 Ft of W 775 Ft of N 160
Ft of S 190 Ft of SW 1/4 SW 1/4
Assessor's Parcel Number 181329-22430
Legally described as Suburban Home Trs: Lot 6
ExE53.11Ft
Assessor's Parcel Number 181329-22419
Legally described as Suburban Home Trs, Th Pt Lots
5 & 6 Beg NW Cor Lot 5 Th E 38.3 Ft, Th S 245 Ft
ThW91.41 Ft, Th N 245 Ft, Th E 53.11 Ft to POB
Assessor's Parcel Number 181329-22429
Legally described as Suburban Home Trs: Lot 5 Also
E 53.11 Ft of Lot 6 Ex W 91.41 Ft of N 245 Ft
3,254.64
10,713.93
2,975.06
12,172.33
TOTAL REIMBURSABLE AMOUNT $ 35,415.63
70i 1499 1820
Mount Olive Lutheran
Church Sewer Main
Reimbursable Agreement
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City of Yakima, Washington
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City of Yakima, Washington
September 26, 1995 �oL
1821
'CITY CLERK
CITY OF YAKIMA
129 NORTH SECOND STREET
WASI-iNCT(.)!•1 90q^,
LETTER OF UNDERSTANDING
Mount Olive Lutheran Church, referred to as the DEVELOPER
installed a Public Sewer System described as follows:
An eight (8) inch public sewer main extension on Tieton Drive, east
from South 80th Avenue for approximately 577 lineal feet.
The "Developer" hereby acknowledges that the immediate purpose
of the sewer main was to serve the following described parcel(s):
Yakima County Parcel No. 181320-33010
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:
Engineering $ 2,627.50
Construction $45,743.45
City of Yakima Inspection Fee $ 1,086.47
$49,457.42
The method of fair cost proration based on the above stated
costs for future utility connections is as follows:
$49,457.42_1519.6 front feet = $32.54634114 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.1735
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.
Mt. Alive Lutheran Church
DEVELOPER
Dated this // day of Ac n2852 , 1995.
Eng. & Util.
Engr. MOLC5
6
STATE OF ,-14, ,i�
� ork }
( . s s .
County of Q i Ci )
I, the undersigned Notary Public, in and for the State and
County, do hereby certify that on this _.)J*' ,
19,q5 — , personally appeared before me
, to me known to be the individual describedin and who
executed the within instrument and acknowledged that hu'_ signed
and sealed the same as )i!5 free and voluntary act and, deed for the
uses and purposes therein mentioned.
Notal P>!iblic in and for the State of
, residing ati".
�y q7
My commission expires:
Eng. & Util.
Engr. MOLC6