HomeMy WebLinkAbout4022 Lakemont ML LLC Water & Sewer RESOLUTION NO. 4022
A RESOLUTION APPROVING A LATECOMERS AGREEMENT BETWEEN
LAKEMONT ML LLC AND THE CITY OF MOSES LAKE FOR PARTIAL
REIMBURSEMENT FOR THE COST OF CONSTRUCTING A REQUIRED
PUBLIC IMPROVEMENT.
RECITALS:
1. The Moses Lake municipal code and the State Environmental Policy Act may require private
development to make infrastructure improvements.
2. Chapter 35.91 RCW provides that, at the owner’s request, a municipality may contract with the
owner of real estate for the construction or improvement of water or sewer facilities that the owner
elects to install solely at the owner’s expense. The owner must submit a request for a contract to
the municipality prior to the approval of the water or sewer improvements by the municipality.
3. MLMC 3.65 describes the process for a property owner or developer to request the execution of a
latecomer agreement with the City Council for water and/or sewer improvements to provide for
the partial reimbursement of the cost of constructing the water and/or sewer improvements.
4. Lakemont ML LLC completed construction improvement of water and sewer facilities as part of the
Lakemont Major Plat located on Eastlake and Burke Drive, at the applicant’s expense.
5. As a result of installing this required improvement Lakemont ML LLC has submitted a proposed
latecomer’s agreement, including a description of the methodology and the pro rata share for
each property to the City seeking to be partially reimbursed for the cost of constructing the
improvement.
6. The City accepted the improvements as complete on February 25, 2025.
7. The City Engineer reviewed and approved the method of assessment and cost of construction on
August 8, 2025.
8. The City Engineer sent appropriate notices to all affected property owners via certified mail on
August 11, 2025.
RESOLVED:
1. The City Council of the City of Moses Lake, Washington, approves the Lakemont ML LLC
Latecomers Agreement with Exhibits attached hereto and incorporated by this reference as if set
forth in full.
Adopted by the City Council on September 9, 2025.
_______________________________
Dustin Swartz, Mayor
ATTEST:
__________________________________________
Debbie Burke, City Clerk
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 1 of 26
When recorded return to:
Public Works Department
City of Moses Lake
P.O. Box 1579
Moses Lake, WA 98837
Document Title: WATER & SEWER IMPROVEMENTS
LATECOMER CONTRACT
Grantor(s): LAKEMONT ML 1 LLC
Grantee: CITY OF MOSES LAKE
Legal Description: ATTACHED AS EXHIBIT “A”
Assessor’s Tax
Parcel No.: 110052000
Street Address: LAKEMONT MAJOR PLAT
NE 1/4
SECTION: 27
TOWNSHIP: 19N
RANGE: 28EWM
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 2 of 26
LATECOMER CONTRACT
This LATECOMER CONTRACT (“Contract”) is entered into this ____ day of ______, 202___ ,
by and between the City of Moses Lake, a municipal corporation (“City”) and Lakemont ML 1
LLC (“Developer”).
RECITALS
WHEREAS, Developer is the owner of certain real property legally described on Exhibit A,
attached and incorporated herein, and commonly known as Lakemont Major Plat
(“Development”); and
WHEREAS, pursuant to Title 35 RCW and Chapter 3.65 of the Moses Lake Municipal Code
(“MLMC”), the City has by Resolution No. ______ adopted by the City Council of the City on the
___ day of _______, 202__, approved the execution of this Contract with the Developer for the
_______________ improvements (“Improvements”) described in this Contract; and
WHEREAS, the City has previously accepted the bill of sale attached as Exhibit B, attached and
incorporated herein, with respect to the Improvements as part of the utility systems of the City.
NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS
HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. DEVELOPER. As of the date hereof and under the terms of this Contract, the Developer
has the sole right to recover latecomers fees associated with the Improvements.
2. IMPROVEMENTS. The Improvements which have been constructed by the Developer are
as described in the attached Exhibit B. The Improvements have been constructed in
accordance with the ordinances and requirements of the City governing the construction
specifications for Improvements of such type, are consistent with the City’s comprehensive
plans and development regulations, and have been approved by the City Engineer.
3. REIMBURSEMENT AREA. The properties benefited by the Improvements constructed
by the Developer are shown in Exhibits C, attached and incorporated herein, and described
in Exhibit D, attached and incorporated herein (“Reimbursement Area”). Any owner of
real property legally described within the Reimbursement Area as shown in Exhibits C and
D shall pay an amount as identified in Section 4. All property within the Reimbursement
Area shall be subject to the Latecomer Fee as provided in this Contract as a condition of
plat approval, a condition of issuance of a building or other development permit on property
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 3 of 26
not platted or on platted lots that are deemed insufficient, or a condition of connection to
the utility Improvements.
4. LATECOMER FEE. For a period of twenty (20) years from the date that the City accepted
the Improvements, any owner (latecomer) of real estate located within the Reimbursement
Area, and which owner has not otherwise fully contributed their pro rata share to the
original cost of the Improvements, shall pay to the City the amounts shown in Exhibit E,
attached and incorporated herein (“Latecomer Fee”). The Latecomer Fee represents the fair
and equitable pro rata share of the cost of construction of the Improvements payable by
properties benefited by the Improvements. Payment of the Latecomer Fee is a condition of
issuance of any development permit by the City or connection to utility Improvements as
set forth in Section 3. The City shall reimburse the Developer within sixty (60) days of the
date the City receives payment from an owner.
5. EFFECT OF CONTRACT. The provisions of this Contract shall not be effective as to any
owner of real property not a party hereto unless this Contract has been recorded in the Grant
County Auditor’s Office prior to the time such owner receives a development permit or
connects to City utilities. If for any reason the City fails to obtain a Latecomer Fee before
a property owner connects to the Improvements then the City is not liable for payment to
the Developer. The Developer agrees to pay all fees for recording this Contract with the
Grant County Auditor’s Office.
6. DUTIES OF THE CITY. The City will use its best efforts to collect and distribute the funds
pursuant to the process set forth in this Contract. However, the City, its officials,
employees, or agents shall not be held liable or responsible for failure to implement any of
the collection provisions of this Contract, unless such failure is willful or intentional. The
City is acting in the capacity of a collection agent and is not obligated by this Contract to
make any payment except those amounts actually collected pursuant to this Contract. This
Contract does not constitute a guarantee on the part of the City that any reimbursement will
be collected or paid during the term of this Contract. The City takes no responsibility to
defend legal challenge to this Contract with Developer. Any challenge to the City’s
authority or process for a latecomer contract will not be defended by City. The City may
tender defense of the Contract to Developer.
7. OWNERSHIP OF IMPROVEMENTS. By prior acceptance of the Bill of Sale, the City
acknowledges and agrees that the Improvements have been accepted by the City as
satisfactory and the City agrees that the Improvements have or will become a part of the
municipal system of the City. All maintenance and operation costs of the Improvements
shall be paid by the City.
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 4 of 26
8. NOTIFICATION BY DEVELOPER. Every two years from the date the Contract is
executed, the Developer shall provide the City with information regarding the current
contact name, physical and mailing address, and telephone number of the Developer. At
any time during the term of this Contract, if two (2) years and sixty (60) days lapse without
written notification from the Developer, then the latecomer fees collected by the City under
this Contract will be deposited in the City’s capital fund.
9. COVENANT RUNNING WITH THE LAND. This Contract shall be a covenant running
with the land and be binding on the Developer, its successors, heirs, and assigns and shall
be binding on the legal owners of all properties within the Reimbursement Area and their
successors, heirs, and assigns.
10. INDEMNIFICATION. The Developer will defend, indemnify, and save the City and the
City’s officials, employees, and agents harmless from all claims and costs of defense
arising out of this Contract as a result of Developer’s actions, misconduct, or breach of
contract, including but not limited to attorney's fees, expert witness fees, and the cost of
the services of engineering and other personnel whose time is reasonably devoted to the
preparation and attendance of depositions, hearings, arbitration proceedings, settlement
conferences and trials growing out of the demands and/or actions of property owners
incurred in the performance or completion of this Contract.
11. ENFORCEMENT. This Contract shall be enforceable only by the parties. The Contract is
for the benefit of the parties, or their assigns, and not for the benefit of any third party.
Should any legal action be brought by either party for breach of this Contract or to enforce
any provision herein, the prevailing party of such action shall be entitled to reasonable
attorney’s fees, court costs, and such other costs as may be fixed by court. This Contract is
entered into under the laws of the State of Washington, and the parties intend that
Washington law shall apply to the interpretation hereof. Venue and jurisdiction to enforce
all obligations under this Contract shall lie in the Grant County Superior Court. The
obligations of the parties hereunder may not have an adequate remedy by way of an action
for damages and may be enforced by an action for specific performance. In the event a
court of competent jurisdiction declares any material provision of this Contract invalid,
unconstitutional, or otherwise unenforceable, any party may elect to terminate the
remainder of this Contract. In the event a non-material provision of this Contract is declared
invalid, unconstitutional, or otherwise unenforceable, such provisions hereof as are not
affected by such declaration shall remain in full force and effect.
12. MISCELLANEOUS PROVISIONS
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 5 of 26
12.1 Developer shall not assign this contract without written consent of the City.
12.2 It is understood that the contractual relationship between the City and Developer is
such that Developer is an independent contractor and not an agent of the City.
12.3 All notices required or provided under this Contract shall be in writing and
delivered in person or sent by certified mail, postage prepaid. Notices required to
the City shall be addressed as follows:
City of Moses Lake
Attn: Public Works Department
P.O. Box 1579
Moses Lake, WA 98837
Notices to be given to Developer shall be addressed as follows:
Lakemont ML 1 LLC
211 Arena St
El Segundo, CA 90245
12.4 This writing constitutes the full and only agreement between the parties, as to these
matters, there being no promises, agreements or understandings, written or oral,
except as herein set forth.
IN WITNESS WHEREOF, the parties hereto have caused this Latecomer Contract to be executed
as of the dates set forth below:
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 6 of 26
CITY
SIGNATURE PAGE TO LATECOMER CONTRACT
BY CITY:
CITY OF MOSES LAKE
By:_______________________________________
Name: ____________________________________
Its:_______________________________________
Date: _____________________________________
Council Accepted Date: ______________________
STATE OF WASHINGTON )
) ss.
COUNTY OF GRANT )
I certify that I know or have satisfactory evidence that _______________________ is the person
who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument and acknowledged it as the
_______________________________ of the City of Moses Lake, to be the free and voluntary act
of such party for the uses and purposes therein mentioned in the instrument.
Dated: _________________________ _______________________________________
_______________________________________
Notary Type or Print Name
NOTARY PUBLIC for State of Washington,
residing at:______________________________
My commission expires:___________________
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 7 of 26
DEVELOPER
SIGNATURE PAGE TO LATECOMER CONTRACT
BY DEVELOPER:
By:_______________________________________
Name: ____________________________________
Its:_______________________________________
Date: _____________________________________
STATE OF WASHINGTON )
) ss.
COUNTY OF GRANT )
I certify that I know or have satisfactory evidence that _______________________ is the person
who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument and acknowledged it as the
_______________________________ of Lakemont ML 1 LLC, to be the free and voluntary act
of such party for the uses and purposes therein mentioned in the instrument.
Dated: _________________________ _______________________________________
_______________________________________
Notary Type or Print Name
NOTARY PUBLIC for State of Washington,
residing at:______________________________
My commission expires:___________________
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 8 of 26
EXHIBIT A
Legal Description of Property
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 9 of 26
LEGAL DESCRIPTION FOR PARCEL 11-0052-000
THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 19 NORTH, RANGE 28
E.W.M., GRANT COUNTY, WASHINGTON,
EXCEPT THE NORTH 1300 FEET THEREOF.
AND EXCEPT CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY RIGHT OF
WAY AS CONVEYED BY DEED RECORDED UNDER AUDITOR'S FILE NO. 13604, IN
VOLUME 12 OF DEEDS, PAGE 171.
AND EXCEPT HUMPHREY ADDITION, MOSES LAKE, AS PER PLAT THEREOF
RECORDED IN VOLUME 7 OF PLATS, PAGE 71, RECORDS OF GRANT COUNTY,
WASHINGTON.
AND EXCEPT HUMPHREY ADDITION PLAT ALTERATION OF LOTS4-11, AS PER PLAT
THEREOF RECORDED IN VOLUME 14 OF PLATS, PAGES 52 AND 53, RECORDS OF
GRANT COUNTY, WASHINGTON.
AND EXCEPT MUNICIPAL TRACT NO. 1, MOSES LAKE, AS PER PLAT THEREOF
RECORDED IN VOLUME 7 OF PLATS, PAGE 81, RECORDS OF GRANT COUNTY,
WASHINGTON.
AND EXCEPT BEGINNING AT THE NORTHWEST CORNER OF LOT 15 OF SAID
HUMPHREY ADDITION, THENCE SOUTH 0°00'36" EAST 120 FEET; THENCE SOUTH
89°59'24” WEST (EQUALS NORTH 89°57'51" WEST ON MONTLAKE ADDITION NO. 1,
MOSES LAKE, AS PER PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 45, RECORDS
OF GRANT COUNTY, WASHINGTON,) A DISTANCE OF 89.90 FEET TO THE EASTERLY
LINE OF BEAUMONT DRIVE; THENCE NORTHERLY, ON THE EASTERLY LINE OF
SAID BEAUMONT DRIVE EXTENDED ON A CURVE TO THE LEFT WITH A RADIUS OF
1,216.34 FEET, A DISTANCE OF 120.44 FEET; THENCE NORTH 89°59'24" EAST 80 FEET
TO THE TRUE POINT OF BEGINNING.
AND EXCEPT THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 27, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., RECORDS OF
GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PLAT OF HUMPHREY ADDITION,
AS PER PLAT RECORDED IN VOLUME 7 OF PLATS, PAGE 71 RECORDS OF GRANT
COUNTY, WASHINGTON, THENCE NORTH 89°49'30" WEST, A DISTANCE OF 30 FEET,
TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89°49'30" WEST, 121.25 FEET,
THENCE NORTH 66°11'30" WEST, A DISTANCE OF 121.25 FEET; THENCE NORTH
23°48'30" EAST, A DISTANCE OF 40 FEET; THENCE SOUTH 66°11'30" EAST, A
DISTANCE OF 112.88 FEET; THENCE SOUTH 89°49'30" EAST, A DISTANCE OF 112.88
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 10 of 26
FEET TO A POINT WHICH IS 30 FEET FROM THE EAST LINE OF SECTION 27; THENCE
SOUTH 0°10'30" WEST, A DISTANCE OF 50 FEET TO THE TRUE POINT OF BEGINNING.
AND EXCEPT THE CROSSING SHORT PLAT, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 19 OF SHORT PLATS, PAGES 95, 96 AND 97, RECORDS OF
GRANT COUNTY, WASHINGTON.
AND EXCEPT A TRACT OF LAND IN THE SOUTH HALF OF THE NORTHEAST
QUARTER OF SECTION27, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT
COUNTY, WASHINGTON, MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 27, A U.S.B.R.
BRASS CAP IN MONUMENT CASE, FROM WHICH POINT THE NORTHEAST CORNER
OF SAID SECTION 27, A U.S.B.R. BRASS CAP IN MONUMENT CASE, BEARS NORTH
00°10'30" EAST, A DISTANCE OF 2,647.23 FEET; THENCE SOUTH 89°59'50" WEST, A
DISTANCE OF 1,085.83 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF THE
CHICAGO MILWAUKEE RAILROAD RIGHT-OF-WAY AND THE NORTHEAST CORNER
OF THE MONTLAKE PARK PLAT FILED UNDER BOOK 13 OF PLATS, PAGES 46, 47
AND 48, RECORDS OF GRANT COUNTY, SAID POINT IS ON A 904.94 FOOT RADIUS
RIGHT-OF-WAY CURVE CONCAVE TO THE WEST, A LINE TO THE CENTER OF SAID
CURVE BEARS NORTH 79°47'21" WEST, SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE NORTHERLY ALONG THE ARC OF SAID RAILROAD RIGHT-OF-
WAY CU RVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 17°43'51", A DISTANCE
OF 280.04 FEET TO THE CUSP OF A 430.00 FOOT RADIUS CURVE CONCAVE TO THE
WEST, THE CENTER OF SAID CURVE BEARS SOUTH 82°28'48" WEST; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 31°08'11", A DISTANCE OF 233.68 FEET TO THE BEGINNING OF
A 320.00 FOOT RADIUS REVERSE CURVE; THENCE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 03°22'07", A DISTANCE OF 18.81 FEET TO A POINT
HEREAFTER KNOWN AS POINT "A"; THENCE NORTH 69°45'08" WEST ON THE
PROLONGATION OF A RADIAL LINE A DISTANCE OF 104.36 FEET; THENCE SOUTH
89°51'34" WEST, A DISTANCE OF 230.00 FEET, MORE OR LESS, TO A POINT "B" ON
THE SHORELINE OF MOSES LAKE; RETURNING TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 89°59'50" WEST ALONG THE NORTH BOUNDARY OF
SAID MONTLAKE PARK PLAT, A DISTANCE OF 363 FEET, MORE OR LESS, TO THE
SHORELINE OF MOSES LAKE; THENCE NORTHERLY ALONG THE SHORELINE OF
MOSES LAKE TO POINT "B".
AND EXCEPT POWER POINTE 1 MAJOR PLAT, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 26 OF PLATS, PAGES 75, 76, 77 AND 78, RECORDS OF GRANT
COUNTY, WASHINGTON.
AND EXCEPT ANY PORTION LYING WITHIN THE WATERS OF THE MOSES LAKE.
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 11 of 26
EXHIBIT B
Improvements Bill of Sale
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 12 of 26
CITY OF MOSES LAKE
BILL OF SALE
KNOW ALL BY THESE PRESENTS That for and in consideration of good and sufficient
consideration, receipt whereof is hereby acknowledged, the under signed grantor(s) Lakemont ML
1 LLC does by these presents hereby convey, set over, assign, transfer, and sell to the City of
Moses Lake, Grant County, Washington, a municipal corporation the municipal improvements
described as WATER & SEWER. The location of the municipal improvements are depicted on
Exhibit A and are more particularly described on Exhibit B attached and incorporated herein. The
said grantor(s) hereby warrants that they are the sole owner(s) of all of the municipal improvements
described above, all charges incurred for materials and labor have been paid and there are no liens
against the municipal improvements, that they have full power to convey all rights herein
conveyed, and agree to hold the City of Moses Lake harmless from any and all claims which might
result from the execution of this document.
IN WITNESS WHEREOF, the grantor(s) have executed these presents this ____ day of _______,
202___.
GRANTOR(S)
By______________________________ Date________________________________
STATE OF WASHINGTON )
) ss.
COUNTY OF GRANT )
I certify that I know or have satisfactory evidence that _______________________ is the person
who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument and acknowledged it as the
_______________________________ of Lakemont ML 1 LLC, to be the free and voluntary act
of such party for the uses and purposes therein mentioned in the instrument.
Dated: _________________________ _______________________________________
_______________________________________
Notary Type or Print Name NOTARY PUBLIC for State of Washington,
residing at:______________________________
My commission expires:___________________
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 13 of 26
EXHIBIT C
Reimbursement Area Map
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 14 of 26
1311.2'
431.5'
110'
299.92'
80'
75'
80'
106.5'
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 15 of 26
0
SCALE IN FEET
120 240
SCALE:
DATE:
DRAWN BY:
JOB NO:
FILE NO:
LAYOUT:
TOLL FREE (800) 732-7442
SHEET
http://www.erlandsen.com
ERLANDSEN
P.O. BOX 739
210 N. BRIDGE ST.
BREWSTER, WA 98812
PH: 509.689.2529
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1" = 120'
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DIVISION ST
MONTE VISTALNLINDEN AVES.BEAUMONT DRBURKE DRC
R
E
S
T
M
O
N
T
62'
47'
62'
64'
72'
365.5'
TPN 100091000
TPN 100092000
TPN 100093000
TPN 100094000
TPN 110409000
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 16 of 26
EXHIBIT D
Reimbursement Area Legal Description
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 17 of 26
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 18 of 26
SCALE:
DATE:
DRAWN BY:
JOB NO:
FILE NO:
LAYOUT:
TOLL FREE (800) 732-7442
SHEET
http://www.erlandsen.com
ERLANDSEN
P.O. BOX 739
210 N. BRIDGE ST.
BREWSTER, WA 98812
PH: 509.689.2529
kschauss, 1/09/25 8:42amC:\Users\Karens\appdata\local\temp\AcPublish_21900\20220213.0000_wrk.dwg, Layout: LEGAL 8.5x14 (2)KLS
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IN THE COUNTY OF GRANT, STATE OF WASHINGTON:
LOTS 12 THROUGH 15 HUMPHREY ADDITION ACCORDING TO THE PLAT THEREOF
RECORDED IN BOOK 7 OF PLATS AT PAGE 71 RECORDS OF SAID GRANT COUNTY,
DESCRIBED AS FOLLOWS; COMMENCING AT THE EAST QUARTER CORNER OF SECTION
27, TOWNSHIP 19 NORTH, RANGE 28 EAST OF THE WILLAMETTE MERIDIAN, GRANT
COUNTY, WASHINGTON; THENCE S 89°59'24" E 681.32 FEET TO THE SOUTHWEST
CORNER OF LOT 15 AND THE SOUTHWEST CORNER OF SAID PLAT; THENCE N 00°00'36"
W 120 FEET TO THE NORTHEAST CORNER OF SAID LOT 15 AND THE SOUTH RIGHT OF
WAY OF BURKE DRIVE; THENCE ALONG SAID SOUTH RIGHT OF WAY N 89°59'24" W 54.35
FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 314.48 FEET, FOR
205.96 FEET TO THE NORTH EASTERLY CORNER OF LOT 12 OF SAID PLAT; THENCE S
37°17'30" E 100.88 FEET; THENCE S 00°00'36" E 104.41 FEET TO THE POINT OF
BEGINNING;
TOGETHER WITH THAT PORTION DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 27, TOWNSHIP 19 NORTH, RANGE 28, E.W.M., IN GRANT COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 15, HUMPHREY ADDITION, MOSES
LAKE, AS PER PLAT RECORDED IN VOLUME 7 OF PLATS, PAGE 71, RECORDS OF GRANT
COUNTY, WASHINGTON; THENCE S 00°00'36” EAST, 120.00 FEET; THENCE S89°59'24”
WEST (EQUALS N 87°57'51” W ON MONTLAKE ADDITION NO. 1, IN VOLUME 5 OF PLATS,
PAGE 45, RECORDS OF GRANT COUNTY, WASHINGTON) A DISTANCE OF 89.90 FEET TO
THE EASTERLY LINE OF BEAUMONT DRIVE; THENCE NORTHERLY ON THE EASTERLY
LINE OF SAID BEAUMONT DRIVE EXTENDED ON A CURVE TO THE LEFT WITH A RADIUS
OF 1216.34 FEET, A DISTANCE OF 120.44 FEET; THENCE N 89°59'24” EAST 80 FEET TO
THE TRUE POINT OF BEGINNING.
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 19 of 26
EXHIBIT E
Latecomer Fee Schedule
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 20 of 26
Memorandum
TO: City of Moses Lake
FROM: Erlandsen
DATE: 7/31/25
SUBJECT: South Eastlake Drive Latecomer Contract
Water Utility Related Lakecomer Contract Cost Estimate
Benefitted Properties and Costs
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 21 of 26
Allocations of Cost Breakdown based on Contractors Invoiced Costs
Line Item Quantity Unit Unit Cost Amount
Amount W/Tax
(8.5%)Cost/LF
Water Main & Hydrants 1 L.S. $74,905.81 $74,905.81 $81,272.80 $72.79
Water Services for Sapphire Homes 24 EA $1,719.33 $41,263.92 $44,771.35
Water Services for Lakemont 7 EA $1,719.33 $12,035.31 $13,058.31
Total $139,102.47
Parcel
Water
Frontage
(LF)
Frontage
Water Cost Lot Benefit Cost Total Water Cost
110050000 (Sapphire Homes)575 $41,855.68 $44,771.35 $86,627.03
110479000 (City of ML)110 $8,007.17 $0.00 $8,007.17
Lakemont Lots 431.5 $31,409.96 $13,058.31 $44,468.27
Total 1116.5 $81,272.80 $57,829.66 $139,102.47
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 22 of 26
Memorandum
TO: City of Moses Lake
FROM: Erlandsen
DATE: 7/31/2025
SUBJECT: South Eastlake Drive Latecomer Contract
Sewer Utility Related Lakecomer Contract Cost Estimate
Benefitted Properties and Costs
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 23 of 26
Allocations of Cost Breakdown based on Contractors Invoiced Costs
Line Item Quantity Unit Unit Cost Amount
Amount W/Tax
(8.5%)Cost/LF
Sewer Main 1 L.S. $66,674.19 $66,674.19 $72,341.50 $36.86
Sewer Services for Sapphire Homes 25 EA $1,555.00 $38,875.00 $42,179.38
Sewer Services for Lakemont 7 EA $1,555.00 $10,885.00 $11,810.23
Total $126,331.10
Parcel
Sewer
Frontage
(LF)
Frontage
Sewer Cost Lot Benefit Cost Total Sewer Cost
110050000 (Sapphire Homes)1041.2 $38,378.27 $42,179.38 $80,557.65
110479000 (City of ML)110 $4,054.56 $0.00 $4,054.56
110475035 (Grant Co PUD #2)299.92 $11,054.95 $0.00 $11,054.95
90775000 (Grant Co PUD #2)80 $2,948.77 $0.00 $2,948.77
Lakemont Lots 431.5 $15,904.94 $11,810.23 $27,715.17
Total 1962.62 $72,341.50 $53,989.60 $126,331.10
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 24 of 26
Memorandum
TO: City of Moses Lake
FROM: Erlandsen
DATE: 07/31/25
SUBJECT: Burke Cul-de-sac Latecomer Contract
Water Lakecomer Contract Cost Estimate
Benefitted Properties and Costs
J & J Contracting LLC
Marisol Salmeron Sanchez
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 25 of 26
Allocations of Cost Breakdown based on Contractors Invoiced Costs
Line Item Quantity Unit Unit Cost Amount
Amount W/Tax
(8.5%)Cost/LF
Water Main & Hydrants 1 L.S. $23,913.73 $23,913.73 $25,946.40 $38.58
Water Services for Lakemont 7 EA $2,322.69 $16,258.83 $17,640.83
Total $43,587.23
Parcel
Water
Frontage
(LF)
Frontage
Water Cost Lot Benefit Cost Total Water Cost
110409000 (Sanchez, Marisol)47 $1,813.35 $0.00 $1,813.35
100094000 (J & J Contracting)62 $2,392.08 $0.00 $2,392.08
100093000 (Black, Deborah)62 $2,392.08 $0.00 $2,392.08
100092000 (Black, Deborah)64 $2,469.25 $0.00 $2,469.25
100091000 (Seiler, Russell & Priscilla)72 $2,777.90 $0.00 $2,777.90
Lakemont Lots 365.5 $14,101.72 $17,640.83 $31,742.55
Total 672.5 $25,946.40 $17,640.83 $43,587.23
Document Ref: ZN5XF-KCH7E-XSUPC-6DQFP Page 26 of 26
REF. NUMBER
ZN5XF-KCH7E-XSUPC-6DQFP
DOCUMENT COMPLETED BY ALL PARTIES ON
08 OCT 2025 15:46:01
UTC
SIGNER TIMESTAMP SIGNATURE
DEBBIE BURKE
EMAIL
DBURKE@CITYOFML.COM
SENT
25 SEP 2025 22:19:50
VIEWED
07 OCT 2025 21:02:00
SIGNED
07 OCT 2025 21:02:23
IP ADDRESS
63.135.54.162
LOCATION
MOSES LAKE, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
07 OCT 2025 21:02:00
MAYOR DUSTIN SWARTZ
EMAIL
DSWARTZ@CITYOFML.COM
SHARED VIA
SIGNED IN PERSON
HOSTED BY
DEBBIE BURKE
EMAIL
DBURKE@CITYOFML.COM
SENT
25 SEP 2025 22:19:50
VIEWED
25 SEP 2025 23:29:59
SIGNED
08 OCT 2025 15:46:01
IP ADDRESS
74.82.253.145
LOCATION
MOSES LAKE, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
25 SEP 2025 23:29:59
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