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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 Eng. & Util. Engr MOLC1 Cr;10.41 itgb 6PiD von 1499 1817 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. Eng. & Util. Engr MOLC2 vot.1499 1818 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 1101 IYEl ID ,4," City of Yakima, Washington September 26, 1995 �oL 1821 NE m `8 ♦ —8 8WAtN W CO J Q /Ib 4 LOa 10 7 I Q S O. cn MEAD L . /1 Co S: M1 ;1 0) ST Vti ov 2 1 Nov ' ��k 0 7 i 1101 IYEl ID ,4," 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