815 ARC Sewer ImprovementCITY OF YELM, WASHINGTON
ORDINANCE NO. 815
AN ORDINANCE of the City of Yelm, Washington, authorizing the Mayor to enter
into an Assessment Reimbursement Contract (latecomer agreement) relating to
S.T.E.P sewer system improvements in a portion of Middle Road.
WHEREAS, Yelm Property Development, LLC has constructed at their own cost
and expense certain municipal sewer system improvements (hereinafter called
"facilities") in a portion of Middle Road; and
WHEREAS, those improvements are described in a proposed latecomer
agreement and particularly in Exhibit A attached to the agreement; and each are
within the benefit area described in Exhibit B to each agreement' and
WHEREAS, those facilities have been constructed to meet alt standards of the
City of Yelm as determined by the Director of the Public Works Department
("Director"); and
WHEREAS, the parties desire to enter into a latecomer agreement for those
facilities pursuant to the authority granted by Chapter 35.91 RCW and Chapter
13.12 of the Yelm Municipal Code (YMC) whereby provisions are made for the
reimbursement of the owners and their assigns by any owners of real estate who
did not contribute to the original cost of such facilities and who subsequently tap
into or use the same, of a fair pro rata share of the cost of construction of such
facilities including an interest factor as provided therein; and
WHEREAS, the Director has determined that the facilities and proposed
latecomer agreement each meet all applicable requirements and standards of the
City of Ylem including but not limited to the requirements of such contracts in
Chapter 13.12 YMC; and
WHEREAS, pursuant to Chapter 13.12 YMC the Director has recommended that
the Yelm City Council approve the proposed latecomer agreement, a copy of
which is attached to this ordinance; and
WHEREAS, pursuant to a hearing held before the Yelm City Council on August
25, 2004 as required by Chapter 13.12 YMC, the Council finds that the attached
proposed latecomer agreement would be a benefit to the City of Yelm and its
citizens, and complies with the requirements of Chapter 13.12 YMC;
NOW, THEREFORE, the City Council of the City o Yelm HEREBY ORDAINS AS
FOLLOWS:
1. The City Council approves and authorizes the Mayor to enter into the
latecomer agreement entitled Yelm Property Development, LLC S.T.E.P.
Sewer Extension Agreement attached to this ordinance, and DIRECTS
that the agreement be filed for record with the Thurston County Auditor as
required by Section 13.12.040 YMC within thirty (30) days following its
execution.
2. Effective Date. This ordinance shall take effect five days after its
publication as provided by law.
PASSED by the City Council of Yelm this 8t" day of~Se~tember, 2004.
Adar~2ivas, Mayor
ATTEST:
,n
~ / ~ ~ IG~ K
1 .,~
Ag ` s Bennick, City Clerk.
YELM PROPERTY DEVELOPMENT LLC
S.T.E.P. SEWER EXTENSION AGREEMENT
THIS AGREEMENT entered into this, ~ day of ~e~~ vY,bk -~' , 20 D~between the
CITY OF YELM, a Municipal corporation, hereinafter referred to as the "City" and Yelm Property
Development, LLC, hereinafter referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer has extended the City's S.T.E.P. sewer system to and
through property owned by the Developer by construction of a six-inch S.T. E.P. sewer
forcemain together with all valves, fittings, and other necessary appurtenances over the
following described route:
Connecting to the City's existing system at the intersection of the extension of the
Southeasterly boundary of the Plat of Prairie Creek and Middle Road S.E. and extending
Southeasterly within the Middle Road right-of-way a distance of 993.0 feet. Said system
is to serve property owned by the Developer and known as Willow Glenn, Divisions 1
and 2, records of Thurston County, Washington.
All constructed in accordance with standards of the City of Yelm and in accordance with
plans on file in the office of the City Engineer and approved on ~/8~ao y- ~~S/o3
WHEREAS, said S.T.E.P. sewer forcemain line passes by properties, the owners of
which may wish to use said S.T.E.P. sewer in the future, and
WHEREAS, the Developer has prepared a listing attached to this agreement and
designated as Exhibit "A", containing the construction costs of said S.T.E.P. sewer extension
including applicable sales tax, and legal descriptions of all properties along said line which have
not paid their full pro rata share of the cost of construction of said S.T.E.P. sewer facility, and
WHEREAS, the City is willing to accept said S.T.E.P. sewer as part of the City's sewer
system and in return collect from future users of said S.T.E.P. sewer forcemain their pro rata
share of the cost of said line to be reimbursed to the Developer. Now, therefore, it is hereby
agreed between the parties as follows:
The City shall accept ownership of said S.T.E.P. sewer and facilities and the Developer
shall execute any documents necessary to place complete ownership of said lines in
the City. From the time of acceptance by the City, the facilities shall belong to the City
and the City shall be responsible for their maintenance and operation and shall be
entitled to all revenues derived from the transmission of sewage through said lines.
2. For a period of fifteen (15) years from acceptance of the S.T.E.P. sewer system by the
City, the City shall collect from the owners of properties listed in Exhibit "B" prior to
allowing connection of said properties to the S.T.E.P. sewer facilities, the fair pro rata
S.E.G. Page 1 of 3
share of the cost of construction of this subject line and shall pay said sums to the
Developer. Said Exhibit "A" having been prepared by the Developer, shall be approved
by the City and recorded at the expense of the Developer.
3. Reimbursement shall be collected by the City of Yelm from those tapping into or using
said facility as provided in the previous paragraph in accordance with the following
formula on Exhibit "A". The City shall deduct ten percent (10 %) from the collected
reimbursed amount as a fee for administering the terms of this agreement.
In the event of the Developer's assignment of any interest in this contract, written notice
thereof shall be given to the City of Yelm. Until then, all City payments to the developer
under this contract shall be sent to the following address:
Yelm Property Development, LLC
16422 Middle Road S.E.
Yelm, WA 98597
Or to such address as the party of the first part may hereinafter direct in writing.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and date first
above written.
YELM PROPERTY DEVELOPMENT, LLC
General Partner
General Partner
STATE OF WASHINGTON )
)ss
Thurston County )
On this day personally appeared before me ',f-lHr~i~ s rYl . ~~ /G scso
to me known to be the individuals described in and who
executed the within and foregoing instrument, and acknowledged that they signed the same as
their free and voluntary act and deed, for the use and purposes therein mentioned.
GIVEN under my hand and official seal this ~"~'i day of ~~,~y~ , 2004.
NOTARY P BLIC in the State of Washington
Residing at ~
ERiIK J. HEIMANN
i NUTARY Pt1BLIC ~
~ ~TA1 E: OF WASHINGTON ~
~ My Commission Expires June 5, 2004 ~
.}...»........~..~~..~...,,...a...1.
S.E.G Page 2 of 3
Attest:,,
~~ ~,
. / ~
Cit ~ lerk
A ved as form:
Ci Attorney
S.E.G. Page 3 of 3
O
O
LL
C
`O
LL
C
O
a
U N
J m
~--~
C N
~ ~
a ~ `~
O ~
~ ~ O
m Q (~
,~ U
IJJ a U
~ ~
~ ~
Ca
J
N
a
m
X
W
0
O
O
CO
O
N
69
.N
U
N
O
ca
O
Q'
O
U
c -~
-o
a
- ~ ~
O
~ ~
U ' N Q
O
rn a`> > >
O n N
oZf ~
Y O
~ O O
.~
O ~ M
d
0
~ ~ N
a
~ Cn
v ~ ~
' E
Q
~ ~ }
N ~ ~ w
0
v7 °ooZ
o
O O O C
LO 00~ 00 ~ E
07 O M
N M ~ N O
•~ bg E,9 ~
II ~ ~
~ N
O N ~ o _
o yo o ~
3 ~ ~~
o c ~ ~
E
y
N U ~ Ef3 (x0
~ ~ ~ II
C N '
~ O ~
~
ti U W I~ H
~ N cM
a~
i N
i ~
_~ t~A
'
~-.
CO !M
iti =.N
~ '1~
~ ~
L17 O
O
p N
i Q1 E!} ' K3 ~ Eft b9 ~ Cf3 EA
C
.~
~ 69
~+ ~ OHO ~ ~N '~ ~ O
V LL
COO
COO
M
f M
M O
~
o L(7 i M L1') ~ ~' N
i ~ 69 69 ~ b9 ' b9 Ef3 b9
C
i N
s O
~..~
C
O
~
d CO
~ O
`:
ti O
O0 N
Ln ! N
LA 00
~
p L
o .
rn
~
~
~ O
O
L
V
CO
i CO '
M !
M
M ~.
L17
=M
St[')
!~
~ M
N
69 69 69 ~ Cf~ del 69
a~
~ ~ ~
;C
LL M f N ~ ~ ~ n
t 0
0 Op LC
N ~ ~ i N i .- 01 l['> M
N W W W W W J
i N (n [n !n [n ~ Q
~
- 'd
~
N '~
~'
N ' 'L3
~'
N 'd
W'
N ' 'a
~'
N 0
N
~
a
Q N 'a
N ` N ~
y ` N
€ ~
N N ~
N i N ~
N ~ :'O 'C7
N "~ ''0 "0 'p '~ N N
~ O ~ O ~ O ' er O ~ O O O
O CJ~ O N E (n ~ Cn .- N Z Z
~ ~ ~ ~ ~
J
~
Q. E ~ N iM ' ct [l17
~ Z
~.... ~
m
O
`
O
O
'
_
O
'
O
C
N
O ~`
~
Z N _~
'~ o o 0 0 o O O
_
0
N
~ w
N ~
O L
~ N
M ~3
N p
~3 O
O
U
x
N ~
N ~
U o
C C ~O
p ~ II
- U O N
4 ~ ~ ~
c N c
~ U U ~
y m
y c
L C
O
~ ~
R
1> 7
~ ~°
0
64 63 62 61 60 g
65
59 58
993 LF OF 6"0 S. T.E.P. 66
SEWER MAIN 57 56
67
5 6 7 8 9 55 54
68
53 52
4 LOW GLEN 51 50
O 3
2 13 14 49 48
PLAT OF ~ 1 11 12 g 15 47 46
PRAIRIE C EK `S°o 10 18 17 16 45 44
O5 A 19 43 42
'8s 20
~oo ~ 23 41 40
SCHMIDT ETAL 4 ~~~ 22 24 39 38
64303600800 O ~ 21
~'.~~ C 25 37 36
CHMIDT ETAL \ oo ~~ 34
64303600801 26 35
MEYERS ~ S 27 ~ 2 33
64303600701 's, ~` 28 32
°0 29 31
\ A 30
2 ~
DOTSON ~~~~ q s
64303600700 1O \\
DOTSON
64303600600
\ SCALE IN FEET
\
0 100 200 400
WILLOW GLENN DIV S 1 & 2
C SKILLINGS
~conno«Y EXHIBIT B
eturn Address
ity of Yelm
ami Merriman
0 Box 479
elm, WA 98597
COPY SUBMITTED
POR RECORDING
Document title(s) (or transactions contained therein):
1. Ordinance 815 S.T.E.P. Sewer Extension Agreement
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1. Yelm Property Development LLC
2. Balascio, Dennis, M.
Grantee(s) (Last name, first name, middle initial)
1. City of Yelm
2.
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
A portion of the SE '/4, Section 19, T 17N, Range 2E
Assessors Property Tax ParceVAccount Number:
64303600600,64303600700,64303600701,64303600801,64303600800
3679695
Page ~ 1 of 8
CITY OF YELM 1010812004 10~05A
ORD 126.00 Thurston Co, WR
CITY OF YELM, WASHINGTON
ORDINANCE NO. 815
AN ORDINANCE of the City of Yelm, Washington, authorizing the Mayor to enter
into an Assessment Reimbursement Contract (latecomer agreement) relating to
S.T.E.P sewer system improvements in a portion of Middle Road.
WHEREAS, Yelm Property Development, LLC has constructed at their own cost
and expense certain municipal sewer system improvements (hereinafter called
"facilities") in a portion of Middle Road; and
WHEREAS, those improvements are described in a proposed latecomer
agreement and particularly in Exhibit A attached to the agreement; and each are
within the benefit area described in Exhibit B to each agreement' and
WHEREAS, those facilities have been constructed to meet all standards of the
City of Yelm as determined by the Director of the Public Works Department
("Director"); and
WHEREAS, the parties desire to enter into a latecomer agreement for those
facilities pursuant to the authority granted by Chapter 35.91 RCW and Chapter
13.12 of the Yelm Municipal Code (YMC) whereby provisions are made for the
reimbursement of the owners and their assigns by any owners of real estate who
did not contribute to the original cost of such facilities and who subsequently tap
into or use the same, of a fair pro rata share of the cost of construction of such
facilities including an interest factor as provided therein; and
WHEREAS, the Director has determined that the facilities and proposed
latecomer agreement each meet all applicable requirements and standards of the
City of Ylern including but not limited to the requirements of such contracts in
Chapter 13.12 YMC; and
WHEREAS, pursuant to Chapter 13.12 YMC the Director has recommended that
the Yelm City Council approve the proposed latecomer agreement, a copy of
which is attached to this ordinance; and
WHEREAS, pursuant to a hearing held before the Yelm City Council on August
25, 2004 as required by Chapter 13.12 YMC, the Council finds that the attached
proposed latecomer agreement would be a benefit to the City of Yelm and its
citizens, and complies with the requirements of Chapter 13.12 YMC;
NOW, THEREFORE, the City Council of the City o Yelm HEREBY ORDAINS AS
FOLLOWS:
3679695
Page 2 of 8
10,'9812004 10~06A
CITY OF YELM ORO l2fi.00 Thurston Co, WA
1. The City Council approves and authorizes the Mayor to enter into the
latecomer agreement entitled Yelm Property Development, LLC S.T.E.P.
Sewer Extension Agreement attached to this ordinance, and DIRECTS
that the agreement be filed for record with the Thurston County Auditor as
required by Section 13.12.040 YMC within thirty (30) days following its
execution.
2. Effective Date. This ordinance shalt take effect five days after its
publication as provided by law.
PASSED by the City Council of Yelm thi;
G
ATTEST:
~ ~.
Agr~s Bennick, City Clerk.
3679695
Page ~ 3 of 8
10t0$r'2004 10~06A
CITY OF YELM ORD X6.00 Thurston Co, WR
YELM PROPERTY DEVELOPMENT LLC
S.T.E.P. SEWER EXTENSION AGREEMENT
THIS AGREEMENT entered into this, ~ day of _SeZ}-P,,,.,{~~ ,~ , 20~ between the
CITY OF YELM, a Municipal corporation, hereinafter referred to as the "City" and Yelm Prooertv
Development. LLC, hereinafter referred to as the "Developer".
W ITNESSETH:
WHEREAS, the Developer has extended the City's S.T.E. P. sewer system to and
through property owned by the Developer by construction of a six-inch S.T.E.P. sewer
forcemain together with all valves, fittings, and other necessary appurtenances over the
following described route:
Connecting to the City's existing system at the intersection of the extension of the
Southeasterly boundary of the Plat of Prairie Creek and Middle Road S.E. and extending
Southeasterly within the Middle Road right-of-way a distance of 993.0 feet. Said system
is to serve property owned by the Developer and known as Willow Glenn, Divisions 1
and 2, records of Thurston County, Washington.
All constructed in accordance with standards of the City of Yelm and in accordance with
plans on file in the office of the City Engineer and approved on !~«f~ ~ ~~~/~3
WHEREAS, said S.T. E.P. sewer forcemain line passes by properties, the owners of
which may wish to use said S.T.E.P. sewer in the future, and
WHEREAS, the Developer has prepared a listing attached to this agreement and
designated as Exhibit "A", containing the construction costs of said S.T.E.P. sewer extension
including applicable sales tax, and legal descriptions of all properties along said line which have
not paid their full pro rata share of the cost of construction of said S.T. E.P. sewer facility, and
WHEREAS, the City is willing to accept said S.T.E.P. sewer as part of the City's sewer
system and in return collect from future users of said S.T. E.P. sewer forcemain their pro rata
share of the cost of said line to be reimbursed to the Developer. Now, therefore, it is hereby
agreed between the parties as follows:
The City shall accept ownership of said S.T.E.P. sewer and facilities and the Developer
shall execute any documents necessary to place complete ownership of said lines in
the City. From the time of acceptance by the City, the facilities shall belong to the City
and the City shall be responsible for their maintenance and operation and shall be
entitled to all revenues derived from the transmission of sewage through said lines.
2. For a period of fifteen (15) years from acceptance of the S.T.E.P. sewer system by the
City, the City shall collect from the owners of properties listed in Exhibit "B" prior to
allowing connection of said properties to the S.T.E.P. sewer facilities, the fair pro rata
S.E.G. Page 1 of 3
3679695
P~ge~ 4 of $
1010$12094 10~05A
CITY OF YELM ORD X26.00 Thurston Co, WR
share of the cost of construction of this subject line and shall pay said sums to the
Developer. Said Exhibit "A" having been prepared by the Developer, shall be approved
by the City and recorded at the expense of the Developer.
3. Reimbursement shall be collected by the City of Yelm from those tapping into or using
said facility as provided in the previous paragraph in accordance with the following
formula on Exhibit "A". The City shall deduct ten percent (10 %) from the collected
reimbursed amount as a fee for administering the terms of this agreement.
In the event of the Developer's assignment of any interest in this contract, written notice
thereof shall be given to the City of Yelm. Until then, all City payments to the developer
under this contract shall be sent to the following address:
Yelm Property Development, LLC
16422 Middle Road S.E.
Yelm, WA 98597
Or to such address as the party of the first part may hereinafter direct in writing.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and date first
above written.
YELM PROPERTY DEVELOPMENT, LLC
General Partner
General Partner
STATE OF WASHINGTON )
)ss
Thurston County )
On this day personally appeared before me nlf.,,, s ,:~r , ~~. /.:, r~ .::
to me known to be the individuals described in and who
executed the within and foregoing instrument, and acknowledged that they signed the same as
their free and voluntary act and deed, for the use and purposes therein mentioned.
GIVEN under my hand and official seal this L day of ~_ f , 2004.
'~.~~•: '. ~':-:~: Vii';
NOTARY P BLIC in the State of Washington ~ ,,,`
Residing at t / .,,,, ., . , . , ~ . ,
i i
,,. ,, ~ ..
r ~
..
S.E.G Page 2 of 3
3679695
10g0812004f10~0FA
CITY OF YELM ORD (26.00 Thurston Co, WR
City of YE M• _ .
~~ ~,~ -
~I
t~1a or
Attest: ,
~~~~ ~ t%ac~l
City' Clerk
A ved as form: /
r
Ci Attorney
S.E.G. Page 3 of 3
3679695
Page ~ 6 of $
1010812004 10~06A
CITY OF YELM OP.O (26.00 Thurston ~o, WA
M
t
fC
O
LPL
C
O
LL
C
U ~
J m
C N
Q ~
l... ~ C
O
m ~ N
W N ~O
d U
O N
~ ~
} N
(9
J
N
3
Q
m_
X
W
C
~. _
o h
c ~ m
v
U '€ y
N y L
C G O
~ N
Y O
N ~ O
\ ~
O o M
0
~ ~ N
O ~ GA
~ ~
~ U t
Z '~. ~
O
N O O Z
O p
O
O OO~OO~
rn~~.
~ ~ ~ N
~ tip ~ O
O N ~ ~
N ~ U QO
~.U ~v
~ 2 ~ ;"
N
p ~ C +~-~
-L v w F-°
N
~ w
r>
I~ N
~ I~
u'~ I~
u~ o
o
~ °' .a. ~ m rn rn
o
O
~ N
Of EA 69 ' b9 ' fig ~ 69 f!9
C
-
~
Q ~
~~
w d C>D ~ (A N O . ~
O
V tL
cO0
COO
c~7
' ~
c~j O
M
o
O
~sA
! ~
~ ~
~. ~
-. ~ N
~
~~
C
d
O
o O
o V
N
b9
N
.
V
d C
C ~ _
a :.. w
tl
°' m
CD O
y I.
O
O
N
u'~
N
u7
O
0
C d
~ 00 O
O
O N O) O O
O
~ V t
D_ C
O_ M ~ M ~
~ ~ ~ O ~ ~ N
d') fA ~ ff~ fA fA fA
a
c
m y
~
+~ ~
~ M to N CO C7O O ~1'f
Q N N Q~ O
[1
O ~ (/) fJ) Cn Cn ~ C/) Q
` ~
~ ~ ~~ ~~ .D ~ ~ ~ 'OO O ~
~ N
~ d ~ L ~ LO L L 'C L
w ~ ~ =O ~ =O ~ 0 . ~ 7 . ~ ~ L"
O O N O
~-- Cn O (!1
-
~ ~ Cn (n Z
C
- v
v
CAD CAD -
CAD ....
CEO o
CEO
y ~ ~ ~ ~ ~
m
7
~ J ~ '
E ~ N -M ' et to d
•~ -.
~ Z
E d
•m ~ ~ O o
~
m ~
Z 0 0 0 0 0
~
~ o 0 0 0 0
io
t'7
M
M
('7
~ a ~ ~ ~ ~ ~
c
c
d
C7
0
N
~ ~
O ~ t
N ...
C7 ~ (/J
O ~
O~ N
M E9
N
d9
N
L
O
Z
.y..
O
U
~+ c
C p
O~ p
A 7 8
~ h a
V C fn
~c~c°~
m
N ~
a_~i o
~ v
3 °1
O c
_ C
~ U
c
8
N
U
X
N
8
II
d
d
LL
C
_o
.cam'
c
c
0
U
id
E
O
3679695
Page 7 of 8
10t08t2004 10 0fiA
CITY OF YELM DRD 526.00 Thurston Co, WR
64 63 62 61 60
B
65
993 LF OF 6"0 S. T. E. P. 59 58
SEWER MAIN 66
57 56
67
5 6 7 8 g 55 54
68
53 52
4 OW GLEN 51 so
O 3
1 2 12 13 14 49 48
PLAT OF ~~ 11 g 15 47 46
PRAIRIE C EK `S°o 10 18 17 16 45 44
O A 19
43 42
'mss 20
°o ~ 23 41 40
SCHMIDT ETAL ~ 22
64303600800 O O~~ 21 24 39 38
CHMIDT ETAL O ~~~ o O C 25 37 36 34
64303600801 MEYERS '9Q 26 27 D 35
64303600701 's~s~` 28 33
~o0 29 32
31
O A 30
2
s
~s s°s
DOTSON ~~\ s
64303600700 O1 \ /
DOTSON ,,,"""
64303600600
~\ ~C~LE 111 FEE ~
- -~
~ ~ ~
~ - ---
!~ 7i~~~ ~~~ii ~i~~_~
__ ~__
WILLOW GLENN DIV S 1 & 2
SKILLINGS
., conno«Y EXHIBIT B
3679695
Page ~ 8 of 8
1D/08i2094 10~r~FA
CITE OF YELM DRD ~6.@0 Thurston Ca, WR
Page 1 of 1
Agnes Bennick
From: Tami Merriman
Sent: Thursday, December 30, 2004 12:31 PM
To: Agnes Bennick
Subject: Waiving a latecomer agmnt payment
Agnes:
I have a weird circumstance that I need to get your advice.
Denny Balascio of Yelm Property Development created a latecomers agreement for water/sewer on some properties on Middle
Road. The Ordinances were passed by council.
Denny has now purchased three of the parcels himself, and has an application in to subdivide them.
He wants to "waive" the latecomers agreement, since he is the one who installed the water/sewer lines.
I spoke with Brent, and he said that we could "waive" the latecomer fee, since Denny would write the check, and we would then
issue him a check.... However, we are to keep a 10% admin fee for administering the contract, and as part of that, releasing the
lien on the property by recording a release when payment is made.
So, Brent and I discussed that having him pay the 10% of the fees imposed for those properties OR having him pay actual costs
for administration would be acceptable.
Now, for he and I that makes sense.
But for you, record keeping and auditor... will that work???
I'm leaving for lunch, lets talk when you have a minute!!
Thanks
Tami
d
~'.
~,' ~`
' ~, tP,1
F
~f~'
~~
iilfr
12/30/2004