814 ARC Water System ImprovementsCITY OF YELM, WASHINGTON
ORDINANCE NO. 814
AN ORDINANCE of the City of Yelm, Washington, authorizing the Mayor to enter
into an Assessment Reimbursement Contract (latecomer agreement) relating to
water system improvements in a portion of Middle Road.
WHEREAS, Yelm Property Development, LLC has constructed at their own cost
and expense certain municipal water 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 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 of 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, Waterline
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 c~ S~tember, 2004.
Rivas, Mayor
ATTEST:
.. ~ ~~G`
Ag s Bennick, City Clerk.
YELM PROPERTY DEVELOPMENT LLC
WATERLINE EXTENSION AGREEMENT
,~
THIS AGREEMENT entered into this, ~/ day of Se.~P ~-em ~e~ , 200 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 water system to and through
property owned by the Developer by construction of a ten-inch water supply line 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 970 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 ~~/g~DO
WHEREAS, said water supply line passes by properties, the owners of which may wish
to use said water supply 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 waterline 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 water facility, and
WHEREAS, the City is willing to accept said waterline as part of the City's water system
and in return collect from future users of said water supply line 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 waterline 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 water through said lines.
2. For a period of fifteen (15) years from acceptance of the water 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 water facilities, the fair pro rata 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.
W.E.G Page 1 of 3
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
~~~ ~/Ylinra /'yl
General Partner
General Partner
STATE OF WASHINGTON )
)ss
Thurston County )
On this day personally appeared before me ~rvrr, ~` S ~. ,~ /k s< < ;~
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 ~'`'^ day of _~y-, / , 2004.
ERIK J. HEIMANN
NOTARY PUB in the State of Washington ~ NOTARY PUBLIC
~ STATE OF WASHINGTON ~
Residing at /~ lc...,.,.n pct ~ My Commission Expires June 5, 2004 ~,
W.E.G Page 2 of 3
Attest:
,~ ,~
C Jerk
Approved as form:
C
C Attorney
W.E.G Page 3 of 3
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O 3
~ 2 12 13 14 49 48
PLAT OF ~ ~ 1 11 B 15 47 46
~s°o ~ 10 18 17 16
PRAIRIE C EK 45 44
O ` ~ A 19 43 42
~~s ~ 20
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SCHMIDT ETAL 4 \ ~~ 22 24 39 38
64303600800 O ~ 21
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64303600701 's> ~ 28 32
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\ SCALE IN FEET
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WILLOW GLENN DIV S 1 & 2
C SKILLINGS
~conno«Y EXHIBIT B
.eturn Address
'ity of Yelm
ami Merriman
O Box 479
'elm, WA 98597
COPY SUDI~ITTED
FOR RECORDING
Document title(s) (or transactions contained therein):
1. Ordinance 814 Waterline 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, T17N, Range 2E
Assessors Property Tax ParceUAccount Number:
64303600600,64303600700,64303600701,64303600801,64303600800
3679694
Page 1 of 8
10108!2004 10~06A
CITY OF YELM ORD (26.00 Thurston Co, WR
CITY OF YELM, WASHINGTON
ORDINANCE NO. 814
AN ORDINANCE of the City of Yelm, Washington, authorizing the Mayor to enter
into an Assessment Reimbursement Contract (latecomer agreement) relating to
water system improvements in a portion of Middle Road.
WHEREAS, Yelm Property Development, LLC has constructed at their own cost
and expense certain municipal water 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 of Yelm HEREBY ORDAINS
AS FOLLOWS:
3fi79fi94
Page 2 of 8
10108/2004 10~06A
CITY OF YELM ORD 526.00 Thurston Co, WA
1. The City Council approves and authorizes the Mayor to enter into the
latecomer agreement entitled Yelm Property Development LLC, Waterline
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 8th day o~ S$ptember, 2004.
Mayor
ATTEST:
,~ ~
/~la ~~ /G
Ag s Bennick, City Clerk.
3679694
Page 3 of 8
1010812004 10~06A
CITY OF YELM ORO X28.00 Thurston Co, WA
YELM PROPERTY DEVELOPMENT LLC
WATERLINE EXTENSION AGREEMENT
THIS AGREEMENT entered into this, ~~ day of ~e p tr_rv~ ~e r , 20~ between the
CITY OF YELM, a Municipal corporation, hereinafter referred to as the "City" and Yelm Proaertv
Development. LLC, hereinafter referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer has extended the City's water system to and through
property owned by the Developer by construction of a ten-inch water supply line 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 970 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 ~~jp/CG
WHEREAS, said water supply line passes by properties, the owners of which may wish
to use said water supply 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 waterline 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 water facility, and
WHEREAS, the City is willing to accept said waterline as part of the City's water system
and in return collect from future users of said water supply line 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 waterline 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 water through said lines.
For a period of fifteen {15) years from acceptance of the water 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 water facilities, the fair pro rata 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.
W.E.G Page 1 of 3
3679694
Page 4 of S
10/08/2904 10~06A
CITY OF YELM DRD !26.00 Thurston Co, WA
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'/D,(~EVELOPMENT, LLC
General Partner
General Partner
STATE OF WASHINGTON )
)ss
Thurston County )
On this day personally appeared before me 1~~~~ ..~ • 5 /H iA. /ti ~ ~ .:;
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 ha/nd and official seal this L day of ~~~ , ~ , 2004.
NOTARY PUB in the State of Washington ~ ~ ' ~"~`
- ,.~. ,.
Residing at ~- ; _ ,
~ ~
W.E.G Page 2 of 3
3679694
Page 5 of 8
10108/2004 10~05R
CITY OF YELM ~JRD X26.00 Thurston Co, WA
l~
City of XE1M~
_ i'
Mayor
Attest:
C~~lerk
Approved as form: ~ ~
~~
~~ ~~
C y Attorney
W.E.G Page 3 of 3
3679694
Page 6 of 8
1010812004 10~06A
CITY OF YELM 0RD X26.00 Thurston Co, WR
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3679694
Page 7 of $
10/0812004 10~96A
CITY OF YELM ORD 326.00 Thurston Co, WA
i
970 LF OF 10"~_
WATER MAIN
PLAT OF "~
64 63 62 61 60 B
65
59 58
66
57 56
67
5 6 7 8 8 55 54
68
53 52
4 OW GLEN sl 50
3
2 t 2 13 14 49 48
1 g 15 47 46
>~ \ 11
PRAIRIE CR EK `S°o 10 18 17 16 45 44
O5 ~ ~ A 19 43 42
'mss ,, 2 0
'°o 23 41 40
SCHMIDT ETAL O ~` 22
64303600800 2t 24 39 38
~~~ ', C 25 37 36
CHMIDT ETAL O ~oo 34
64303600801 ~ 26 35
MEYERS 27 ~ 33
64303600701 's, ,, 28 32
°o 29 31
O _ A 30
DOTSON
64303600700
/ ~~
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64303600600
~~ ~ ~ ALE III FEE T
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WILLOW GLENN DIV S 1 & 2
C coMno~ Y EXHIBIT B
3679694
Page $ of $
1010$12004 10~06R
CITY OF YELM CRD 12$.00 Thurston Co, WR