HomeMy WebLinkAboutPLEASANT VALLEY BLK 6 LT 20A
GrEATEr ANCHORAGE ArEA BorouGH
DEPARTMENT OF ENVIRONMENTAL QUALITY
SEWAGE DISPOSAL SYSTEM m APPLICATION AND PERMIT
SEEPA(~E PIT DRAIN FIELD
· OTHER
TO BE INSTALLED bY
NOTE: THIS PERMIT IS NOT VALID WITHOUT SOIL TEST
FINAL INSPECTION: 24 HOUR NOTICE REQUIRED. BACKFILLING OF ANY SYSTEM WITHOUT FINAL INSPECTION BY THE
DEPARTMENT OF ENVIRONMENTAL QUALITY AUTHORITY WILL BE SUBJECT TO PROSECUTION.
MINIMUM DISTANCES, REQUIREMENTS
FOUNDATION TO ~ TANK ~
GRAVEL BACKFILL
CONFORM TO BOROUGH REGULATIONS REGARDING INSTALLATION,
DIAGRAM OP S¥S?EM
I CERTIFY THAT I AM FAMILIAR WITH THE REQUIREMENTS OF GREATER ANCHORAGE AREA BOROUGH ORDINANCE NO. 28-68 AND THAT THE ABOVE
POUCH 6-650
ANCHORAGE, ALASKA 99502
(907) 279~8686
GEORGE M. SULLIV,4N,
MAYOR
DEPARTMENT OF PUBLIC WORKS
(3500 East Tudor Rgad)
February 16, 1978
Mr. John Lappo
SR Box 143A
Eagle River, Alaska
99577
Dear Mr. Lappo:.
SUBJECT: PRIVATE SEWER AGREEMENT/ PLEASANT VALLEY SEWER Lot 20A, Blk. 6
and Lot 2A, Blk. 11
Enclosed please find the original and two copies of the Pleasant Valley
Sewer Agreement. Please have the developer sign the original and both
copies, have them all notorized, and return all documents with original
signatures to this office in the enclosed self-addressed envelope.
For further tnformation, you may contact this office at 264-6901.
Sincerely~
~ergtM~le~;oXpment Supervisor
HM/jw
Enclosure
........ JOHN LAPP0 ...........
the "Owner/Developer", his heirs and/or assigns, hereinafter', referred to as
the "Owner/Developer" of certain property in Anchorage, Alaska more particularly
described as follows:
Lot 20A, Block 6 and Lot 2A, Block 11 of Pleasant Valley
Subdivision, a replat of Lots 19 and 20, Block 6 and Lots
1 and 2, Block 11, Pleasant Valley Subdivision, located
within the NE1/4., Section 25, T13N, R3W, S.M., Alaska.
GRID: #1641
hereinafter referred' to as the "Property".
WITNESSETH:
WHEREAS, the Owner/Developer desires sanitary sewer service to
serve, the Property; and
WHEREAS, The Municipality has an existing sewer line nearby which is
capable of serving the property; and
WHEREAS, the Owner/Developer is willing to construct snd install
the sewer lines on and from the Property to the existing sewer trunk to provide
sanitary sewer service necessary to serve the Property; and
WHEREAS, the Owner/Developer will agree to pay to The Municipality
a per square foot charge in lieu of assessment for the use of downstre'am sewers;
and
WHEREAS, The Municipality is willing to allow the Owner/Developer
to construct a sanitary sewer line from the Property to the sewer'trunk.
NOW THEREFORE. for and in consideration of the mutual covenants,
promises, understandings, stipulations and agreements of the parties herein con-
tained, it is hereby agreed as follows:
1. That all engineering plans and specifications concerning installation
of sewer lines by the Owner/Developer to serve the Property~shall be' prepared in
conformance with the applicable regulations and specifications of the Municipality,
and shall be approved by the Sewer Engineering Section of the Water and Sewer
Utility before commencement of construction. The sewer installation may be '
inspected by the Municipality at ~ny and all reasonable times and places during the'
progress of the work, and the Owner/Develdper shall make the Work accessible to
the Municipality and its agents for this purpose. The installation shall not be
connected to the existing sewer until it has been inspected and approved by the
Municipality, and the Owner/Developer has furnished the Municipality with One (1)
set of reproducible mylar as-built drawings, certified by a registered profesz
sional engineer to be a true and accurate representation of the installation actually
con~tru,~ed. Unon comoletion of the in~atallation and acceptance thereof by .the
Municipality, tt~e' Minic~ipality' ag~e&s to" ass{~me full responsibility and control of
the installation and to maintain the same. This agreement to assume responsibility
and t6 maintain shall become null and void in the event completion and acceptance
of the installation shall not have occurred within two (2) years, excluding periods
of delay caused by circumstances beyond the control of the Owner/Developer, from
the date the last necessary signature is affixed to this agreement.
2 That the Owner/Developer'shall retain a qualified Engineer, licensed
by the State of Alaska to engage'in the profession of Civil Engineering, to design
and administer the construction of said improvements. It is understood and.agreed
that said Engineer is an agent of and solely responsible to the Owner/Developer, and
is in no sense whatsoever the agent or servant of The Municipality. The Municipality
retains the right to approve the contract between Owner/Developer' and his Engineer.
al of the plans, the Municipality may periodically visit and observe all improvements
~being constructed under the plans submitted. Deposit at the time Of initiation of this
Agreement the sum of 4100.00 with the Municipality. This amount will bel credited to
the dep0sit in accordance with Municipal Ordinance 24.20. 040.
b - Hereby grant to the' Municipality a lien upon each lot, parcel or tract
in the subdivision for the pro rata share Of the cost of any improvement required by
this ~i~greement which benefits the lot, parcel or tractl
c - Provide to the Municipality copies of all reports relating to inspection
and tests performed, conditions encountered and progress of the construction at the
same time as they are prepared. This article shall not be construed as limiting the
right of the Municipality to perfo~'m any and all inspections and tests deemed by the~
Municipality to be required to assure c'ompliance with the contract plans and
specifications. The Municipality in addition, may require the Owner/DEveloper to
perform tests and submit reports thereof to the Municipality. If the Municipality is
not notified of a phase of construction where inspection or testing would be appro-
priate, the Municipality may require, at the Owner/Devel0per's expense, retesting,
i exposure of the previous stage of construction or any other steps which would be
necessary to permit the Municipality to ascertain that the' plans and specifications
have been complied with.
d - Secure the permits required by the Municipal Code of Ordinances for
excavation or other work in the' proposed' or existing public places, as defined by
Ordinance 24.30.010,0. These permits shall be' acquired for all work in the proposed
or existing rights-of-way or easements ~vithin the Lots as shown on the preliminary
plat or recorded plat which is necessary to the installation of utility'improvements
or facilities. Applications for the permits shall be in conformance with the provisions
of the Ordinance, including submission of adequate information to permit the Munici-
pality to review and analyze the construction scheduled within the Lots. It is under-
stood and agreed between the parties that the Owner/Developer is responsible to co- ~
ordinate and supervise the installation and construction of alt utility improvements
not covered by this Agreement in a manner which will prevent damage or delays.
If the Municipality determines that the construction of an improvement
does not comply with the plans and specifications as approved by the Municipality,
special provision, proper construction practices or any applicable statute, regula-
tion or standard, the Municipality may stop all furthe9 construction involving the
work whidh is found to be non-complying. The Municipality's right to stop the work
may be invoked by posting a stop work order at the site of ~he non-conforming con-
struction and by any means selected by the' Municipality to give the' fastest proper
notice.
The stop work order shall remain in effect until the Owner/Developer has
made all the necessary arrangements to remedy the non-compliance and to provide
the necessary assurances that future instances of Similar non-compliance will not
occur. All damages, cost or expense incurred by any party as the result of a stop
work order imposed by the Municipality shall be the Sole responsibility of the Own-
er/Developer.
e - Guarantee the design, construction and materials utilized or to be uti-
lized in ~he construction of all improvements installed by the Owner/Developer or his
agents in the subdivision for a period of two (2) years from the date of acceptance of
~he improvements. The Owner/Developer shall remedy at his own expense any fail-
ure or defect in the work or any failure of any improvement to properly function
which is due to design deficiencies, construction deficiencies, faulty materials, or
workmanship. This warranty shall cover all costs of repair or replacement and
shall include any damage to any property, ~mprovements or facilities of the Munici-
pality or to any other persons or property as a result of the' failure or defect. The
c~uuzon reacne~ oy *ne lvtunlclpallty. Wile Municipality shall notify hhe Owner/Devel-
. oper in writing upon discovery of any failure Or defect Whidh may be covered by this
guarantee. If the Owner/Developer fails to remedy the failure, defect or damage
promptly after receipt of notice, the Municipality may replace; repair or otherwise
remedy the failure or defect at the Owner/Developer's sole expense. The warranty
created by this sectfon shall not delay certification of the'improvements by the Mu-
inicipality; It is agreed between the parties, however, that acceptanceshall not in
~any way abrogate or detract from the' guarantee provided by this section. Surveil-
'lance~inspections and reports are a general method of che'cking the quality of the con-
struction. Approval of any design, inspection or report provided to the Municipality
prior to or during the course of construction shall not be Construed as a complete
check on the design, construction'or materials and shall not in any way affect the
guarantee provided by this section. Expressed or implied approval of any report or
: inspection shall not be construed as autho¥izing any deviation fr'om theplans, speci-
fications, or special provisions f~%lating to the Subdivision; This guarantee shall be
supported by a warranty bond provided by the' Owner/Develope~ to the Municipality,
:which bond cannot be released without the written consent of the' Municipality.
4. That the cost of constructing the sewer shall be at the expense of the
.Owner/Devel°Per. A certified statement of cost of construction will be provided to
the Municipality upon completion and acceptance of the sewer line.
5. That the Property will be emitted from future lateral improvement dis-
tricts which may or may not be formed to provide lateral sanitary sewer service to
adjacent properties.
6. That the Owner/Developer, his heirs and/or assigns, agents, 'employ-
ees or contractors, will hold the Municipality harmless from any and all claims aris-
ing out of or incident to construction contemplated under the terms of this Agreement
by the Owner/Developer, and the Owner/DevelOper further'agrees to abide by any
: and all Ordinances or regulations in effect at the time Of sewer construction.
7. That a charge for the use Of trunk outfall sewer shall be levied against
the Property; in lieu of trunk improvement district assessment of $ ' 0'. 03' ' per
square foot of the Property; and the parties further covenant and agree that the total
charge levied against the Property by reason hereof shall be and hereby is declared
to be a lien against said Property, and foreclosure and other remedies provided by
law shall be applicable in the event payment is not made to the Municipality as here-
inafter provided. A lateral cha~ge where applicable in an am.ount indicated on the
schedule hel0w shall be made by the Municipality and shall belpayable by the Owner/
Developer at the' same time as a lot in the subdivision is sold and ownership passes
:from the Owner/Developer to the Purchaser, except that if all lots in the' Subdivision
are not sold within two (2) years after the date of this Agreement, the' Owner/Devel-
oper shall pay all the cost unpaid at that time. The individual lot assessments are as
follows:
Trunk assessments for Lot 20A, Block 6 and Lot 2A, Block 11
will be determined when final plats are recorded and a copy
supplied to the Project Development Section of the Public Works
Department.:
Note: Lot 19A~ Block 6 and Lot IA, Block 11 will be assessed for
trunk and lateral under Lateral Improvement District #76.
8. That upon acceptance of the lateral sewer line, the Owner/Developer
shall grant and record a permanent sewer' easement to the Municipality; such ease-
' merit being twenty (20) feet in width and encempassing the lateral sewer line.
APPENDIX "A"
DATED at Anchorage, Alaska this
THE MUNICIPALITY OF ANCHORAGE
D. G. Weiford-Municipal Manager
APPROVED AS TO FORM:
Reviewed for ouistanding debts and
agreements as of .....
Attorney
Finance Department
ATTEST:
Clerk
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
· · f ......... 19
THIS IS TO CERTIFY that on th~s .;'L/ day o ~.~. ,
before me, the Undersigned, a Notary Publi~ i-~-~nd for the State Of Ala¢,~, duly
commissioned and sworn as such','perSona!ly appeared~_ ' c~, .'' [~g~ ~ ~o ri, .
.... , known tO me End t6 me known to be the Own~/Devel0per named
herein who executed the foregoing instrument and acknowled~edi~h¢~ "~h~ did so
.freely and voluntarily for the uses and purposes therein m~nt~0ned, ~n~-0n Oath
.'stated that ,~. was authorized' to execute Said instrument .... z ~
WITNESS my hand and official Seal the day and year in this-cer.t~fic'ate
first above written. .
~TARY PUBL~-C IN-AND FOR P~thASKA
~jy Cor~l!li$$io~l Expires
My commission exPires: December 16, 1978.
ary. Incorporation of this Agre'ement shall serve as notice to all contracting parties
of the relationship and responsibilities agreed upon between the' Owner/Developer
and The Municipality.
· Permit, Laws and Taxes
All necessary permits and licenses shall be acquired and paid for by the
Owner/Developer. The Owner/Developer shall comply with all applicable Statutes,
ordinances, rules and regulations of any federal, state Or local goverhmental agency
bearing upon the work or construction of any improvement under this Agreement.
All required taxes shall be paid .b.y the Owner/Developer.
Maintenance, Access and D4mage
The Owner/Developer hereby grants to The Municipality access to all por-
tions of the Property .which is necessary to accomplish any inspection, surveillance,
testing, or any other work to be performed by The Municipality.
Final Plans and Drawings
Upon completion of the construction of any improvement required by this
Agreement, the Owner/Developer, at the Owner/Developer's own expense, shall
furnish The Municipality with a set of mylar reproducible as-built plans of the im-
provements. The as-builts shall be stamped and signed by the Engineer to be re-
tained as referred to in Section "2".
Covenants to Run with the Land
Each provimon of this Agreement shall be construed to be a covenant
which shall run with the land at law or in equity and shall be binding on the Owner/
Developer, and on any successor in interest to the Owner/Developer until this Agree-
ment is fully performed including all improvements by the Owner/Devel0per.
Notice
The Municipality shall, without any liability of Th~ Municipality to the
Owner/Developer or any successor in interest, record in the appropriate recording
district office a notice stating:
(a) This Agreement has been executed between the parties; and
(b) a copy of this Agreement is on file with the Anchor. age Clerk.
Any transfer by the Owner/Developer of any ]Tight, title and interest in
the property or any part or parcel thereof shall contain a provision releasing The
Municipality from any liability for recording such notice or for failing to record such
notice. The Owner/Developer agrees to defend The Municipality :at Owner/Devel-
oper's cost against any action brought against The Municipality by any person re-
suiting from a failure to include the provision in the' Agreement.
'Required Liability Insurance
The Owner/Developer or any contractor employed by the Owner/Developer
shall maintain general liability insurance as outlined by Municipal Ordinance 12-70.
Limitation on Application of Standard SpecifiCations
The Standard Specifications of The Municipality, which are incorporated
in this Agreement by reference, are fully applicable fo this agreement aS minimum