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175 Late Comer's Agreement,i ~ .. RESOLUTION #175 LATE COMER'S ACREEMF.NT TIiIS AGREEMENT made and executed to be effective the ~~ y da of ~D~r~~ ~ ~ 19~, by and between the TOIJN OF YELM, a municipal corporation of the State of Washington, hereinafter referred to as "Yelm", and Frederick xol;l;. TT , hereinafter for convenience only referred to as "Developer", lJ I T N E S S E T H: WFIEREAS, Developer 11aS heretofore constructed and caused to be connected to Yelm's Seater system, a watermain extension which is more particularly described in Exhibit A Annexed hereto, to serve, among other properties, the property owned by Developer which is Wore particularly described in Exhibit B annexed hereto; and l•IIiEREAS, Yelm, by its Resolution No. ,~_~ has determined that certain real property not owned by Developer which is adjacent to Developer's watermain exten- sion, will benefit by such watermain extension and that such property should be assessed at the rate of $10.93 er P Front foot prior to allowing any connection to the water©ain extension constructed by Developer in order to provide for reimbursement to Developer of a fair pro rata share of the costs of such construction; and 61HEREAS, a copy of Yelm's Resolution No. ~~ will be filed of record in the office of the Auditor of Thurston County, Washington; and WHEREAS, the parties desire to enter into a written agreement pursuant to the authority granted by Chapter 35.91 of the Revised Code of tashington whereby Developer shall be reimbursed a fair pro rate share of the costs of construction of the watermain extension constructed by Developer, from funds collected by Yelm from subsequent connectors or users of the same, ~ti/ ~6 NOW, TfiERF.FORE, in consideration of the covenants and undertakings herein contained and the mutual benefits to be derived herefrom, the parties hereto agree as follows: J 1. Exhibit A and Exhibit B annexed hereto are by this and every other reference thereto herein incorporated 1lerein as though fully set forth herein. 2. T11e term of this Agreement shall be a period of fifteen (15) years from and after the effective date hereof. 3. Throughout the term of this Agreement, Yelm shall not authorize nor permit any person or entity who has not contributed to the original cost of the water- main extension constructed by Developer which is more particularly described in Exbihit A annexed hereto, to tap, connect to or otherwise use such watermain extension without first collecting from such person or entity the assessment provided in Town of Yelm Resolution No. ~~ which is an amount determined by cnultiplying the sum of $ 10.93 times each foot of the property adjoining said watermain extension which will be served and benefited by such tap, connection or use; provided, however the aforesaid assessment and collection shall not be applicable to any portion of the benefited property adjacent to the watermain extension covered by this Agreement which has been or shall be dedicated for public use such As roadways, parks, or community areas, nor any portion of Ally such benefited property which is subsequently Acquired by Developer or Developer's successors and Assigns. 'I he assessment and collection provided herein s11a11 be in Addition to any and all other costs and charges made or assessed pursuant to -2- ~ -~ ordinances of the Town of Yelm for connections to its water system. ' 4. Throughout the term of this Agreement, Yelm - shall reimburse Developer a fair pro rata share of the costs of constructing the watermain extension covered by this Agreement, by disbursing to Developer a sum equal to eighty- five percent (8570) of the amounts collected by Yelm pursuant to Paragraph 3 hereinabove. Yelm shall affect such disbur- sement to Developer within sixty (60) days after Yelm collects the amount from which such disbursement shall be made. All disbursements made by Yelm to Developer as provided in this Agreement shall be made at such address as Developer may designate to Yelm in writing, and unless and until any further designation is made, such address shall b e 140802 Yelm Highway S.E., Yelm WA 98597 5. Developer represents and warrants that the watermain extension covered by this Agreement has been constructed in accordance with all standards established by Yelm and in compliance with all rules and regulations of the agencies of Yelm, Thurston County and the State of ldashing- ton responsible for the health and welfare of tl~e users thereof. 6. Developer acknowledges and agrees that it has transferred to Yelm all of its right, title and interest in and to the watermain extension covered by this Agreement; that Yelm may charge for the use thereof at such rates as it may be authorized by law to collect; and, that Yelm has the right to further extend the watermain extension covered by this Agreement and any connections to such further extension shall not be subject to the assessment and collection provided for herein. -3- • ~ '.1 - \ ~ •L 7. Yelm acknowledges that it has accepted the transfer of the watermain extension covered by this Agree- inert and has assumed all responsibility for the maintenance and operation of the same as an integral part of its water system. 8. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respec- tive successors and assigns; provided, however that no assignment of any of Developer's interest in or entitlements under this Agreement shall be effective unless and until written notice thereof shall have been delivered to the Town Clerk of the Town of Yelm. IN WITNESS WHEREOF, the parties have made and executed this Agreement to be effective the date and year first above written. TOWN OF YELM _ ~~-tip'-a B y ~ Z% ayor ~, Frederick Kolilis II Attest: ~ ow er "Developer" "Yelm" -4- .-, . ~ ~ •. l EXHIBIT B RICK OLILIS :;l{UR'P l~l~•1T TOTAL li~:SCftIPTIC}N -y_ THAT PORTION OF THE' SOUTH HALF OF THE: :;UUTHLAST,~UARTER LF Tfl~ SOUTHWEST QUARTER OF S~:CTIGA' 13 ANJ Or' THc NORTHI:,1;;T QUARTER OF THE NORTHWEST QUARTER QF SECTION 24 ~ ALL IN T~`WZ;SIIIP 17 NORTH RANGE 1 EAST W.M,~ DESCRIBED A;; FOLLOWS: BEGINNING AT A POINT 542 FELT SGUTIi ANl) ae5 FEzT EAST C`F THE . •NORTHWEST .CORNER OF THE SOUTH HALF OF SAI:, S(`UTHEAST CUARTi:Fc r.. t•' 'THE SOUTHWEST QUARTER OF Sr:CTICN 13• THENCE EAST :i8 NORTH 542 FEET.; THENCE WEST 321 FEET; THENCE SOUTHWESTERLYT6GpC}; FEET, MORE OR LESS, TO A POINT ON THE NCRTHERLY LINE OF GI,YAIFIA- YELM ROAD 385 FEET SOUTI{EASTERLY ~ AS ME,1Sl1k}:11 ALONG SAI J NORTHERLY LINE, FROM ITS INTERSECTION'Iti'.iTH THE WEST LINE O}' SAID SUBDIVISION; THENCE SOUTHEASTERLY ALONG SAID NCRT-IERLY LINE ~`.}• ROAD, 520 FEET; THENCE NORTtIEASTERLY 425 FEL'T~ MGRS CR LESS T~^• THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYIP~G ~'E:;T1rRLY "~' T:(E F~~LI,r~;; ID'C DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTIi LINE ~'r~ SAIi) :;OUTIi HALM' T~:.1 i IS SOUTH 88° 32' 04" EAST 617.70 t'EL~ FR(~h( TI{E Nt~ ~~ ~ •~ , ••• OF SAID SOUTH HALF; THEI\C}: S~1UTH 27° 45' 10" -~-ESTll6~2L18 3C•'r:~TGI{ TO THE NORTHERLY LINE OF SAID OLYMPIA- YELM RnnD• DESCRIFTIGNS Lot 1• , e~ ginning at a point on the Nortti line of t:~e :south half of th,: Southeast quarter of the Southwest Quarter of Sec t! on l :S Township 17 North Range 1 East '~f.hl. ;; 8£{0 32' Q4"r;, 6;7.70 !'e~•: from the Northwest corner of said :' ~ 404.16 feet to the TRUE FOINT nF BECINI;It C1fThenceccantinuing' lU~~ ~~ S 27° 45' 10" i~l~ 268.02 feet to the Northean .~ , (Olympia-Yelm Road) ; 'thence S 50° 18' „ ~~ terly line. o. ,, , :l , :,, 0 line 97.01•feet; Thence N 57° O1' ,~55 l: along said Northeasterly N 27a 45' 10" E 147.2 39 ~•~ 161.29 feet; 1`henc~• to the TRUE POINT OF BEGINNINGThenc~ N G?~ 14' S0" .J, 173.?~ f ~:~ t :111. ~. f.• •.r 1.1 ,,. .~. Lot 2; 8e- ginning at a point ,,n tlt~• Nurt1, 1 inc ~,I' ttir .;f,ut-~ t,~l ;• /.~• tr,,, southeast quarter of lira :;uuLhw4:;t yu;~rtc•r /, I' ;;r.~c•l.ir~n 1~ Township 17 Nart}i, R~snr;~• l tru:rt :1.M.• :; Z~ti~' :i:' n•t.. ~:• ,.. ., _, .• . from the Northwest corner of said South h:~1 f; Thmncf• ;, f~71~ •q ~; ~ • j V,t 672.18 feet to the Northeasterly line of S.H. 510 (c.~lynri-ia-Yelrr~ Roa.~ Thence S 500 18'~ 55" E ~ along said Northeasterly line, X7.01 fe~•t ) to the TRUE POINP OF }31:GINNING; Thence continuing :; ~;Ou 14' S5" 1•: along said Northeasterly line, ?.00.00 fec:t• Thenc~• N 3g0 ~ .. ' 255. n feet • Thence N 50° 18' ~~ ~ ' 35 ?fl ~, S 27~ 55 W, 171.x6 feet; Thence 45' 10" W, 103.79 feet; Thence S 57. O1' 39" .1', 161.29 feet to the TRUE POINT OF B>GINNING. Lot 3; • e~ g3-nning at a point on the North line of the•South half of the Southeast quarter of the Southwest quarter of erection 13 Township 17 North, Range 1 ]rest N.M., S f380 S2' 04" E 61x. from the Northwest corner of said South half; Thence S :7 45't•lOt i-, b72.1e feet to the Northeasterly Line of S.H. 510 O1 m ia- Thence S 500 18' S5" E; along said Northeasterly lineY 297.Olefeetoaa)• to the TRUE POINT OF BEGINNING; Thence continuing ~~ 500 18' S~" is along said Northeasterly lines 200.00 feet; Thence N 260 35' 14" ~~ 262.32 feet; Thence N 50° 18' 55" W, 140.98 feet; Thence S 39° 35' 28" w, 255.50 feet to the TRUE POINT O1~ S1:GINhIIrG. Lot 4: e~ ginning at a point on the North line of ttie :;ouch half of tl~e Southeast quarter of the Southwest quartc,•r of Section 13, Township 17 North, Rangc 1 East 'rr.~~l. , S 880 32' p4„ E, 617.70 fer t from the Northwest corner of said •South half • Thence S X70 4 5' lU" •.; , 404.16 feet; Thence S 62° 14' ' 43.60 feet; Thence S 500 18' SO~~ h, 173'79 feet; Thence S ?70 45' lr1" M°~ 144.31 feet; Thence S 88° 32'504" E 3~3'`~4 feet; Thence N 260 35' 19" :;• ~ 38.00 feet; Thence N l0 ~9' 48" . 542.00 feet to the North line of said South half ; Thence N 880 32' 0.1 ~~•' ,, 305.30 feet to the TRUE POINT OF BEGINNING. This Short Flat correctly represents a survey made by me or under my direction in conformance with the requirements of thr purvey Recording Act at the request of kick Y.ol~y, in June, 198.; • I hereby certify that the above legal d ~°criptions are accurate and in compliance with the Subdivision C ~ CERTIFICATION OA' A1'F'ftGVAL ~°es t• • ~eyt ' 'L= ri 1 b" i I (we) hereby certify that ti~is :-F,urt ;; .1 i vi ~ i;•n co„~~~1 i ~,: wi try t: f• conditions as set fr.,rt.h in tl~e Town c-f 1'rlur ;;uL-iivi::iun 1;~,.1E• ;.~r~:'. approved this ~ ~iay of ~ 1yt34, suGjrct to rrcorcini; wl ll. t~. Audi tar of 2'hurs on C~unt.y ah~ under the c n attached Declaration of Short ;;ubd ivi siun • o Ali t.~ns 5~ t ff,~tl i r. t~ /~ ., fawn ..nt: - ~•~. -,~ .Hr, . ~~ 3 J ~j i m A YO f ~o ~D ;~ ~. N; ~~ tl ~~ -~. i v N N 0 Z B~j R 0 o ~V ~ ~ ~ g- ~ .a ~~ a o ,~ m --r ~¢ oc ~r~~ ti -- _ ti ~- 8~•-48- C ~--sa^~ - -- -~ ~f' ~. ~~o~ a p( J ~ "- ~i~o ~ ~ ~p~ ~~~ ~ ~ r ; o ~~ ipd n i ~~o. J ~_`' ~ W I