HomeMy WebLinkAbout2005.03.07 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular M¢¢ting 7-00 p.m. March 7, 2005
1. CALL TO ORDER
2. ROLL CALL-
Pledge of Allegiso¢e.
3. CONSENT AGENDA- All items listed under the Consent Agenda ta-e eensiaarad to be routine by the
City Council and will be ernaeted by ro11 call vote as ene motion (in the Form listed below). Tbere will be
eparate discussion o£ these items. I£ £umber dis s aeaiyea by Co cihnembe r the public,
the item may be removed tipm the Consent Agenda t0 the Regular Agenda and considered separately.
(a) Approval of Miaut¢sa
] . Minutes of tfie Pasco City Council Meeting dated February 22, 2005.
(b) Bills and CommnniCetlona- (A detailed listing o£ claims is available for review In the Finance
Manager's eMee.)
1 . TO approve General Claims in the amount of $973,786.08 90A7 being the Form o£
Wire Transfer Nos. 4284, 4290 and 4291 and, $929,595.61 1 co cnnnsisting o£ Claiai m Warrants
numbered 147408 through 149625).
2. To approve Payroll Claims in the am unt of $1 ,238,399.31 , Voucber Nos. 32261 through
32358; and EFT Deposit Nos. 30002920 @trough 30003337.
�(¢) Dedicatioo of Iiigbt-oF-Way For Saodiiur Parlcwsy and Road 76-
1 . Agenda Report from Robert J. Alberts, Public Works Director dated Match 3, 2005.
2. Quit Claim Deed.
To approve the dedication from the City Utilities and acceptance for rights-of--way on Sandifiar
Parkway and Road 76.
'"(d) R¢soluHOn No. 2867. a Resolution accepting work performed by Inland Asphalt under contract
for Project No. 04-3-09, Broadmoor Blvd. Overlay Project.
1 . Agenda Report from Doyle Heath, City Engineer dated February 25, 2005.
2. Resolution.
3. Vicinity Map.
To approve Resolution No. 2867, accepting the work pertbrm¢d by Inland Asphalt under contract
for the Broadmoor Blvd. Overlay Pr jeer No. 04-3-09.
°(e) Resobrtiora No. 2868, a Resolution accepting work performed by Apollo, lnc., under contract for
Pr jeet No. 04-2-03, 1-182 River Pump StaHOn and Road 108 Pump Station, Phase B.
1 . Agenda Report from Jess Greenough, Field/Water Division Manager dated March 2, 2005.
2. Re olution.
3. Vicbxity Map.
To approve Resolution No. 2868, a cepting the work performed by Apollo hto., under contract
for the i-1 52 River Pump Station and Road 105 Pump Station, Phase B, 1'r eject No. 04-2-03.
tuc-1 MOTION- I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a) Pr entatlon of Proclamation For "National D¢v¢IOpm¢ntal Disabilities Awareness Month"-
Mayor Mike Garrison t0 present Proclamation t0 Dotma Tracy, The Arc of the Tri-Cities and
Greg Barg, presidenS People First.
5. VISITORS - OTHER THAN AGENDA ITEMS:
(s)
(b)
(c)
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports From Councilm¢mb¢ra.
(b)
[c)
Regular Meeting 2 Mar-eft 7, 2005
O_ PUBLIC HEAI2ING5 AND COUNCIL ACTION ON ORDINANCES AND RESOLLI"I'iONS
RELATING THERETO:
8. ORDINANCES AND RESOLUTIONS NOT RELATBVG TO PUBLIC HEARINGS:
(non¢j
9. UNFINISHED BUSIIVESSa
Q(a) Conduct a Closed Record Hearing — Pr¢hminary Plst — (Appeal) Linda Loviisa, 685 Lots
¢st o£ Desert Plateau south o£ Burden Blvd. (Abo Construction) (MF 804-183-PP):
I . Agenda Report from Dave McDonald, City Planner dated March 2, 2005.
2. Memo from City Planner addressing appeal concerns.
3 . Aho Appeal.
4. Neighborhood Appeal.
5. Platming Commission Transcripts: dated 12/16/04 ffi 1/20/05.
6. Application.
7. Report to Plamving Commission: dated 12/16/04 and 1/20/05.
S. Correspondence.
9. Transpo Tmf£xc Study.
10. JUB Tragic Study.
11 . JUB Overhead Charts-
( OVl references e e provided in Council packets only; copies of references are available is
the Plaxming Office or at the Pasco Library £or public review.)
CONDUCT ACLOSED-RECORD HEARING:
MOTION: I move to close the closed record hearing aad sec 7:00 p.m., March 21 as the time and
date to adopt Srndirngs of fact and conclusions £or the preliminary plat for Linda Loviisa.
l0. NEW BUSBVESSe
(s) Utility Ov¢raizing Agreement £or East Road 40 with Sonoran Pacitic Resources, LLPc
1 . Agenda Report 8om Robert J. Alberts, Public Works Director dated February 23, 2005.
2. Proposed Agreement.
MOTION. I move to approve
, t Utility O Aement witfi Sonoran
L2 for the se epand o£ East Rd 40 a ot R to
S 29,000 and, rt the Mayor to sign the me:nt. s oeuxrcceeesd,
New Road 68 Composlt¢ Reservoir — ideal Estate Exchange Agreement
1 . Agenda Report from Robert J. Alberts, Public Works Director dated March 3, 2005.
2. Proposed Agreement.
3. Boundary Line Adjustment Survey.
MOTION: I move to approve the Real Estate Exchange Agracmeat with "Power West, LLC, for
the exchange of properties for the New Road 68 Composite Reservoir aad, further, to authorize
the City Manager to sign the Agreement and all other associated documents necessary to effect
tfie trans£.
11. MISCELLANEOUS DISCUSSION:
ta)
(b)
(cj
12. EXECUTIVE SESSIONc
Ca)
(bj
(c)
13. ADJOURNMENT.
(RC) Roll Call Vole Required
Item not previously discussed
MF# "Master File #...:'
Q Quasi-Judicial Matter
R¢gular M¢¢HUg 3 March 7, 200S
REMINDERS_
1 . 12:00 p.m., Monday, March 7, Red Lion — Chamber of Commerce General Membership Meeting. ("Role
of the Red Cross in Tsunami RelicP' presented by Jean Jelke, Executive Director, American Red Cross o£
Benton � Franklin Counties)
2. 1 :30 p.m., Monday, March 7, KGH — Emergency M¢dical Services Board Meeting.
(COUNCILMEMBER TOM LARSEN, Rep.; EILEEN CRAWFORD, A1tJ
3. 10:00 Tuesday, March 8, Senior Center — Senior Citizens Advisory Commiace Meeting.
<COLIIVCILMEMBER TOM L.ARSEN)
4. 5:30 p.m., "Tuesday, March 8, TRAC Facility — TA.AC Advisory Board Meting. (COLIIVCILMEMBERS
EILEEN CRAWFORD aad REBECCA FRANCIK)
5. 7:00 a "Thursday, March lQ Henry's, Richland — BFCG Tri-Mats Policy Advisory Committee
MeeSng. (COiTNCILMEMBEA REBECCA FRANCIIG)
6. 7:00 p.m., Thursday, March 10, Tr Sit Facility Ben-Fmxiklin Transit Board Meeting.
(COLTNCILM EMBER MATT WATKINS, Rep.; EII_EEN CRAWFORO, Alt)
MINUTES
AEGfTI_AR MEETING PASCO CITY CO UNCIL FEBRUARY 22, 2005
CALL TO ORDERC '
The meeting was cal led to order at 7 :00 p.m. by Michael L. Garrisou, Mayor.
ROLL CALL.
Co ci/v mbe s present Matt Watkins, Joe Jackson, Eilccn Crawford, Michael Garrison
and Tom Larsen. Ms. Francik was excused.
Staff present: Gary Crutchfield, City Manager; Joseph M. Eurmo cs, Acting City
Auomcy; Stan Strabel. Adm:uatrati ve 8c Community Services Director; Richard Smith,
Community 8t Economic D¢v. Director; Hub Alberts. Public Works Director; Denis
Austin, Police Chief; and Elden BuerKle, Ma age ent Assistant.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA.
(a) Approval of Minutes:
Minutes Of the Pasco City Council Meeting dated February 7, 2005.
(h) Bills and C:ommmrfcations:
'1'o approvc General Claims in the amount of $60,822.04 ($60,822.04 consisting
of Claim Warrants numbered 147387 tbrough 147407). (2004 EXPENSES)
To approvc General Claims in the a nt of $894,368 .71 ($63,963.38 being in
the form of Wire Transfer Nos. 4279, 4280 and 4281 and, $830,405.33 consisting
of Claim Warrants numbered 147141 through 147386). (2005 EXPENSES)
"17o approve bad debt write-offs for utility billing, ambulance, code enforcement
and Municipal Court n -criminal, criminal and parking accounts receivable in
the total amount of $ 161 ,868.21 and, cf that. amount, authorize $157, 173.47 be
tumed over for collection_
(c) Trailway License Agr¢.¢m¢n[ with Fran Klin County Irrigation District:
To approve the Trailway License Agreement witb Franklin County Irrigation
Dnurict and, further, to authorize the Mayor to sign the document.
(d) YroF¢ssional Services Agr¢¢m¢nt — GoIF Course Lake Renovation Yr jectc
To approve the Professional Services Agreement with John Steidel for the Golf
Course Lakes Renovation Project and, further, authorize the City Manager to sign
the agreement.
(¢) ProFessional Services Agreement — Parks Shop/Cemetery OfHec -
To approve the Professional Services Agreement with CKJT Architects for the
Parks Shop/Cemetery Office and, further, authorize tb¢ Mayor to sign the
agreement.
(f) Yrofessfonal Services Agr¢¢m¢nt whir CH2M Hill For UWILLi¢s Consulting
Services:
To approve the Professional Services Agreement with C1,12M Hill for on-going
utilities engineering and consulting servicesand, further, authorize the Mayor to
sign the agreement.
(g) Municipal Court Probation Staffing:
To authorize une additional Probation Officer position in Municipal Court
contingent cn elimination of one Probation CIerK position.
MO"l'lON: Ms. Crawford moved to approve the Consent Agcnda as read. Mr. Jacksou
seconded. Motion carried by unanimous Roll Call vote.
3ca ) _ 1
MJ N U"FES
REGULAR MEETING PASCO C1TV COUNCIL FEBAUAA V 22, 2005
VISITORS - OTHER THAN AGENDA ITEMS:
Mr. Ed Gazur, 1216 Rd. 70, requested a signal light be installed at Court St. 8 Rd. 68.
REPORTS FROM COM.MVFWVC ES AND/OK OH'H'iC F_RS:
Mr. Watkins reported several Councilmembers attended the AWC Conference in
Olympia.
PURLiC HF_A RINGS AND COUNCIX� ACTION ON ORDINANCES AND
KESOLU'P1ONS I2ELA'P1NG 'I'I1EKE'1'O:
G'r¢atirig the 38 Sewer V_L.LD. #142e
Mr. DOyle Heath explained the details o£ the ULID.
MAYOR GARRISON IJECLARF_O THE PUBLIC HEARING O " TO CONSIDER UL 0142.
Mr. Mel Chapman, 3840 Wernett Rd. , spoke in support of the U Ti .
Mr. Dale Reiman, 3804 W. Jay St., asked about the process of connecting to the
sewer line.
Mr. Scott Allen, 3604 W. Ella St. , spoke against the ULID.
Mr. James Haun, 3712 W. Lcola St., noted he has a new drain field -and doesn ' t
need the IJL1D.
FOLLOWING THRL-E CALLS FROM MAYOR GARRISON FOR COMMENTS, EITFIEA FOA OR
AC+AINST, THE PUBLIC HEARING WAS DECLARED CLOSED.
Ordina"cc No_ 3712, art Ord inane¢ relati"g to the waterworks utility of the City,
"cluai"g the s "itavy sewerage system and the system of storm nir svrrface water
a part thereof; authorizing water and sewer rev¢"ue bonds aria iut¢rim
f"a"cing to pay the cost of carrying out a portion of the system or plan of aadltions
to a"a betterments and ex[ensio" of the wa[¢rworks utility; and creating Utility
Local Improvement District No_ 142_
MO17.ON : Mr. Watkins moved to adopt Ordinance No. 3712, c reating the WcmetUROad
38 Sewer ULII #142. Mr. Jackson seconded. Motion carried unanimously.
ORDINANCES ANU KESOLUTIONS NOT RELATING TO Pi 1R LIC HEARINGS:
Ordinance No_ 3717, art Ord inane¢ authorizing the allocation of certain utility tax
eipts a"a a "ding Chapter 5_32_070 "r the Pasco Municipal Cod¢ entitl¢a "Use
of Fu"as for Street Maint¢nanc¢_"
MOTION: Ms. Crawford rncived to adopt Ordinance No. 3717, allocating utility tax
receipts and, further, authorize publication by summary only. Mr. Jackson
Motion carried by the following voice vote: Yes — Jackson, Crawford, Garrison, Watkins.
No — Larsen.
NEW RUSIIVESS:
2005 ■rrigatio" Upgrades Project No. 05-7-01 :
MOTION: Ms. Erancik m ved to a vvarcl the low bid for the 2005 lrrigatien Upgrades
Pr Ject No. 05-7-01 t0 Sharpe 8 I?neszlcv, Eno. , in the a nt of $73,609.34, including
alts tax and, further, authorize the Mayor to sign the c "tract documents. Mr. Jackson
secondea. Motion tamed by unanimous Roll Call vote
2
MINUTES
REGIJLAR MEETING PASCO CITY COUNCIL FEBRUARY 22, 2005
MISCELLANEOUS DISCUSSIONc
Council agreed to extend the deadline 10 days for submitting applications For the vacant
District #3 Council Seat-
MI - Alberts, Public WoVKs Director, reported on the construction progress of the signals
at 1- 182 and Rd. 68.
Ms. Crawford as Kea Mr. Alberts shout the confusing left turn lanes at Rd. 100 8 Sandifur
Pkwy.
AD7OUI2NMEN'I'a
There being no further business, the meeting was aajoumca at 7 :44 p.m.
AYYROVED: A'f'I'ESTa
Michael L. Garrison, Mayor Webster U. Jackson, City C1erK
PASSED and APPROVED this 7th day of March, 2005
3
C I T Y O F P A S C O
Council Meeting" of:
MamM1 7. 2005
AccouR " P Ity au Approvatl
The Clly Council
City of Pasco, Franklin GounH. WasM1ing Wn
We il nderr n do M1araby certify under penalty of parjury that them adala have boon fumishad, the ren ea o a labor performed as dascribad herein and that the claim is a just, due and unpald
ob elnat t r city a at wa are outhorizad to authonBOata and/ �IH 3o d la
Gary CiH Ma ager James W. G Rnance Manager
WO, the undersigned GiH COuncllmambers Of the CiH Council of the Clfy of Pascq Franklin County. Washington.
de hereby certify that tho Oen,t,snclisa or rvlcas M1aramaftar speol6ed have boon r caivad: that Wiro Transfer
No.s 4284. 4290 and 4291 In the amount Of $44,190.49, have been authorizad; that Check No.e 147406 through
147625 are approved for paymant in t"a amount Of $929.595.61 , for a wmbined total Of $973.788.08 on this
7t" day of Mareh. 2005.
Councilmembar COuncilmambar
SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND_
GENERAL FUND:
1- gInlaBVa 887.99
Judicial 2.00B 69
Executive 2.203-54
Polica 137.784.33
Fira 6.923.02
^"ministration 8 Commun @y Sarvlcas 29.094.32
Community Oavalopmant 32.478.40
Engineanng 7.012 23
Non-Oapartmantal 79.300.97
Library 89.814.44
TOTAL GENERAL FUND: 368,745.93
STREET H657.B4
C. fJ. BLOCK GRANT 2,408.65
KING COMMUNITY CENTER 1 ,170.24
AMBULANCE SERVICE 3.645.157
CEMETERY 6.587.73
ATHLETIC PROGRAMS 367.75
SENIOR CENTER 3.030.14
MULTI MODAL FACILITY 2.172.76
SPECIAL ASSESSMNT LODGING 10.918 57
LITTER CONTROL _ 0.00
REVOLVING ABATEMENT 942.94
PARKS FUND 0.00
TRAC VEVELOPMENT 0.00
LIU GUARANTY 13.00
PUBLIC FACILITIES GIST 43.696.17
METRO DRUG TASK FORCE 2,7S)7.40
METRO DRUG FORFEITURE FUND 3,734.17
GENERAL CONSTRVCTION 12,734.17
W ATER/SEW ER 200,684.73
EQUIPMENT RENTAL - OPERATING 19.933.43
EQUIPMENT RENTAL - REPLACEMENT 150634_l0
MEUIGAL/OENTAL INSURANCE 95,860.26
CENTRAL STORES 1 .906.75
FIRE PENSIONS 5.06960
LIO CONSTRUCTION 30666
PAYROLL CLEARING - 27 416.51
GRAND TOTAL ALL FUNDS: $ 973,700.08
C I T Y O F P A s C 0
Council Meeting of
Payroll Approval March 7, 2005
TM1a City Council
of Pa aco
Fran Kin County, Washington
TM1e following is ary of payroll claims against the Cily of Pasoo for the room" of
Fabruary 200 M1icM1 a anted herewith for your raviaw and approval.
G rut h Veld, y Manager Jamas W. Chase. Finance Manager
We, the undarslgna uy Council m mbara oft a City C of the City of Pasco. Franklin County,
Wnshin9toR do hereby c duty that the sonAoss represented by the boinw expenditures hava been Faceived
and that payroll vouchar No's- 32261 through 32388 and EFT deposit No's_ 30002920 through 30003337
and City contnbutions in the aggregate amount of $1 .236.399.31 are approved for payment on thus
7th day Of March 2005.
Counoilmember Councilmember
SUMMARY OF PAYROLL 6Y FUND
GENERALFUNO_
Judicial $ 4,674.06
eu a offal 44 438.34
Exacuiiva 41 .694.15
Police 354,721 .65
Fire 179.223.20
Administrative Community Services 168.595.61
Community Oav elopmani 44,563.35
engineering 70.30226
TOTAL GENERAL FUND 912.412.67
CITY STREET 29.419.93
BLOCK GRANT 5.624.85
MARTIN LUTHER KING CENTER 4.366.45
AMBULANCE SERVICE FUND 87.375-00
CEMETERY 4.583.46
ATRLETIC FUND 614.90
SENIOR CENTER 10.392.47
STAOluM OPERATIONS 0.00
MULTI-MODAL FACILITY 0.00
BOAT BASIN 100.90
REVOLVING ABATEMENT FUND 0.00
TASK FORCE 7.597.84
WATER/SEWER 159.236.36
EQUIPMENT RENTAL - OPERATING l6 453.54
GRAND TOTAL ALL FUNDS $ 1 ,234,399.31
Payroll Summary
Net Payroll 726.201 .79
Employee Deductions 295,545.64
Gross Payroll 1,023,74743
City of Pasw Contributions 214.651 .88
Total Payroll $ 1 .236.399-31
AGENDA REPORT NO. 07
FOR: City Council March 3, 2005
"1'Oc Gary Crutch£ Mausg¢r Regular Mtg: March 7, 2005
FROM: Rohert J. Albe ��fRc-WorKa Director
SU[3JECTC Dedication or Right-o6-Way for Saudirur Parkway and Road 76 _
I. 12 EFERENCL-(Sl:
1 . Quit Claim Deed
II. ACTION REOUES"fED OF COUNCIL/STAFF RECOMMENDATIONS :
03/07: MOTION : 1 move to approve the Dedication £rorn the City Utilities and
acceptance For Rights or Ways on Sandiflrr Parkway and Road 76"
FISCAL IMPACT:
IV. I41STORY AND FACTS BRIEF:
StaFF has prepared a Quit Claim Deed dedicating Rights-oS-Ways at the Road 68
reservoir site" The Dedication is 8om the City's Utilities to the City of Pasco.
The City Utilities is dedicating 50 feet on Saradi£ur Parkway and 40 feet on Road
76 For public access and utilities.
StaFF recommends the transfer and acceptance ofthe Rights-oF--Ways.
V" ADMIN IS"fRATfVE ROU"FiNG
Project File
3cc)
When Recorded Return [o:
City o£ Pasco
Engineering Dept.
P. O. Box 293
Pasco, WA 99301
QUIT CLAiM DEED
The GRANTGR(S), City o£ Pasco Utility, For and in sideration ev Ten Dollars ($ I0.00),
and other good and valuable consideration, conveys and quit claims to the City of Pasco,
Washington, a municipal corporation o£ the State o£ Washington, the Following described
real estate, situated in the County o f F ranklin, State o f Washington, together with all after
acquired title o£ Grantor therein:
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., CITY OF PASCO,
WASHINGTON, TO BE DEDICATED FOR ROAD AND UTILITY PURPOSES BEING
THE WEST 40.00 FEET OF THE NORTH 500.00 FEET AND THE NORTH 50.00 FEET
OF THE WEST 500.00 FEET.
In Witness Wh¢r¢of tM1e Grantors have signed Dais insttvmen[ this 3rd day of MarcM1, 2005 .
GRANTOR:
CFFY OF S aJ-rILiTY, WASHINGTON.
a
Municipal Corporation�J (�
ROBERT✓. ALB RTS. PUBLIC WORKS DIRECTOR
State of Washington)
-ss
County o{Franklin )
On this day o£ /77L1 r(2 /t 2005, before me the undersigned Notary Public in and for
saia County and State, personally appeared Pe bE r C _'Z q- f 41.Ey C S known to me W b¢
the person(s) whose name is subscribed to the foregoing instrument, who acknowledgea to me
that he/she signed same as his/her Free and voluntary act and deed, for the uses ataa purposes
therein an ationed. /
-yr 4i �. Notary ublic
^lore 6 ; Reaiaing at: �,J T1- ��<.,(' �-< _, .�
mo � 9a � � Commission Expires: � �-
O B[/C
r�5 Yoo't ACCEPTANCE OF DEDICATION
-File City Cn i ty of Pasco, Washington accepted the conveyance and dedication made out in
this Quick Claim Deed at their regular meeting on 2005, as reflected in the
oMS ial rmnu[es of the City Council.
ACCEPTED BY Cl"I'Y OF PASCO:
'Deputy City Clerk
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AGENDA REPORT NO. 07
FOR: City Couucil February 25, 2005
I
TO: Gary Crutch fi�ag¢r Regulaz MtS: 3/7/05
Rob¢rt J. Aibe � orKa Dir¢¢[or
FROM: Doy1¢ L Heath, City Eagin¢¢ �
SUBJECT: Broadmoor Blvd. Overlay Project No. 04-3-09 -
I. I2EFEZ2ENCEI51:
1 . Resolution
2. Vicinity Map
II. ACTION REQUESTED OF COUNCILSTAFF RECOMMENDATIONS :
3/7: MOTION: I move to approve the work
performed by Inland Asphalt under contract for the Broadmoor Blvd.
Overlay Pr ject No. 04-3-09
III. FISCAL IMPACT:
N. HISTORY AND FACTS BR1EF:
On September 7, 2004 the City Council awarded the Broadmoor Blvd. Overlay
Project No. 04-3-09 to Inland Asphalt. The bid am unt was $49,839.66, acrd the
Snal cost of Uae c ntract was $51 ,722.37 including taxes. The difference was a
increase in the amount ofasphalt placed. The work is now complete and staff
recommends acceptance o£tlte work.
V. ADMINISTRATIVE ROUTING
Project File
3(d3
RESOLUTION NO. � /
A RESOLUTION ACCEPTING WORK PERFORMED BY INLAND ASPHALT,
UNDER CONTRACT FOR PROTECT NO. 04-3-09, Broadmoor Blvd. Overlay Project.
WHERF;AS, the work perforrrred by INLAND ASPHALT, under contract for
Project No. 04-3-09 has been examined by Engineering and has been Found to be in
apparent compliance with the applicable project specifications and drawings, and
WiiEREAS, it is Engineering r endation that the City or Pasco Formally
accept the contractor's work and the project as complete; NOW, THEREFORE.
BE 111' RESOLVED BY THE CITY COUNCIL OF THE CITV OF PASCOe
That the City Council c with Engioeering r ndation and thereby a cepts the
ork performed by 1NL ASPHALT, nder c ntract For Pr ject No. 04-3-09 ca being
completed in apparent conform anee with the pr ject speciScations and drawings, and
Be It Further R¢sotv¢d, that the City Clerk is bereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Furtbcr ltesolv¢d, that the 1£nal payment o£ retainage being withheld pursuant to
applicable laws, regulations and administrative determination sball be released upon satisfaction of same
and veri£cation thereoF by the Public Works Director and Finance Manager.
PASSED by the City Council oFtbe City of Pasco this 7th day oFMarcb, 2005 .
Micbael L. Garrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
0 oor Blvd _ Overlay P ject
EM
it
� .sue 0`•�6`'
/� • � E 'PAT ��. m _ _
u ° d °
AGENDA REYORT NO. 06
FOR: Clty Council March 2, 2005
TO: Gary Crutch£¢NJ g¢r Regular Mtg: March 7, 2005
Robert Alb¢l711f��P'' 6i c orKS Director
FROM: J¢ss Greenough, Fi¢hl/ Etter Division Manager
SUBJECT: 1-182 River Pump Sta Hon and Road 108 Pump Station, Yhas¢ II
_ Yrojeet No_ 04-2-03
1. REFEREN CE(Sl'
1 . Resolution
2. Vicinity Map
II. ACTION RE UES"£ED OF COUNCIL/S'£AFF RECOMMENDA'£lONS :
03/07: MOTION: I m e to approve eepting the
erk performed by Apello Inc., under contract for the 1- 182 River Pump
Station and Road 1 OS y> . p Station., phase II, Pr feet No_ 04-2-03 .
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF.
On March 29, 2004, the City Council awarded the I- 182 River Pump Station and
Road 108 Pump Station, Phase Il contract in the am urtt o£ $ 178,469.74 including
sales tax w Apollo, Inc. The final cost or the contract was $200,82730 including
taxes. The di££erence w s due to replacement o£ two check valves at the I- 182
Pump Station_ The work is now complete and staff recommends ae eptance o£ the
work.
V. ADMINISTRATIVE ROU"LING
Pr feet File
3�e�
RESOLUTION NO. o� $�O Pi
A RESOLUTION accepting work performed by Apollo, Inc., under contract for Project No.04-2-
03, I- 182 River Pump Station and Road 108 Pump Station, Phase II.
WHEREAS, the work performed by Apollo, Inc., under contract 1'or Project No. 04-2-03 has
been examined by SCM Consultants, Inc., and SCM Consultants, Inc. has found that all work
required by the c ntract bas been pert razed in apparent compliaacc with the appl icable vr jcct
specifications and drawings, aad
WHEREAS, it is SCM Consultants, Inc. r endation that the City of Pasco £banally
accept the contractor's work and the pr ject as complete, Now, THEREFORE,
BE ZT RESOLVED BV THE CITY COUNCIL OF THE CITY OF PASCOa
Tbat the City Council concurs with SCM Consultants, Inc. r endation and thereby
accepts the work per{rued by Apollq Inc., under contract for Project No. 04-2-03 as being
ompleted in apparent conformance with the project specifications and drawings, and
Be it further resolved that the City Clerk is hereby directed to notiry the Washiugton State
Departatent of Revenue o£ this acceptance, and
Be it further resolved that the Final payment of rataiaage being withheld pursuant to
applicable laws, regulaticas and administrative detertainatiou shall be released upon satisfaction
of same and veri£vcatioa thereof- by the Public Works Director and Finance Manager.
PASSED by the City Couucil of the City of Pasco this 916 day of Mareb, 2005
Michael L. Garrison, Mayor
ATTEST:
Sandy Kcnworthy
Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
■
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somimordal-
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ENVISION
Ima :v -LY aC Y cZ xYY f i l�
"Natiosxtzl Developmesital Distibiditir?s Awareness Mo�zzfs "
Mnrch 2005
AmericaWns H aFn_ a their developmental daaUilities is a conaa:on which nC(bcts malions of
families; and
WFIE RE AS, public awareness and education enhance a conxmunity' s understanding of
the issues affecting people with developmental disahiliHes; ana
WHF_RE AS, people with aevelopm en[al disabilities c n be vital and vibrant members or
our oorr.mnnities, improving the quality of life for all of us; ana
WHF_ RF_AS, the nth of March has been designated National Develepnxental
�isabilihes Awar s Month, with more than 120,000 n xxbers and 1 ,000 chapters of The Arc
uncle Raking publictawarenass, educational, and lundraising initialives; ana
WHEREAS, The Arc of the l nitecl States is the ation 's leaaing ohmtecr-based
organ zati on advocating for ana with people with developmental aisabiGties and their tamiiles;
NOIV T!lLRFFORE, I MicUael L. Garttson, Mayor or PasQn, an hereby proclaim
March, 2005 as
in "Dex•elopor errurl Disohiliries Asvareo ess Mout/� "
Pasco, Washington and trge that the citize. give full uppn" of efforts towards abling
people with aevelopn,cntalt clisahilities to jive x citizens
and p eductive lives of inclusion nn, eu
conxn,unities.
JN IVlTNFSS IVHFRF_OF', 1 have hereunto t , hand and caused the Official Seal of
the City of Pasco, State of Wash ing[on, to he affsea this ° My of March, 2005 .
Michael L. GarFison, Mayor
City of Pasco
4�a�
AGENDA REPORT NO. 15
FOR: City Council /� v DATE: 3/ 2 / 05
TO: Gary Crutch£e ty Manager ,Z�` WORKSHOP:
Richard J . Smi rector '�(,`� REGULAR: 3/ '7 / 05
Community an Economic Development
FROM: David I . Mcllonald, City Planner��
SUBJECT. PRELIMINARY PLAT--(APPEAL) Linda Loviisa, 655 Lots west
o£ Desert Plateau south o£ Burden Blvd (AHO Construction)
(M F# 04- 183-PP)
I_ REFERENCE(SI•
A. Memo from City Planner addressing appeal concerns
B . Aho Appeal
C. Neighborhood Appeal
D. Planning Commission Transcripts: Dated 12 / 16/ 04 8� 1 /20/05
E. Application
F. Report to Planning Commission : Dated 12/ 16/ 04 8v 1 /20/05
G. Correspondence
H . Transpo Traf{c Study
L JUB Tra£rc Study
J . JUB Overhead Charts
Note r f r e pro ulded to flze Courzell ortZy. Copies of' rejerences
are available rt PZarznirtg Ojfce or the Library for public re vaexu.
II_ ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
A. CONDUCT A CLOSED RECORD HEARING:
MOTION I move to close the closed record hearing and et
9 :00 PM, March 21st, as the time and date to adopt Endings of
Fact and conclusions, for the preliminary plat £or Linda Loviisa.
III_ FISCAL IMPACT=
NONE
IV_ HISTORY AND FACTS BRIEF:
A_ On December 16, 2004 the Planning Commission held a
public hearing to receive testimony o a proposal preliminary plat
£or 212 0£ land located directly west of Desert Plateau. The
hearing was £ollowed by the development o£ a recommendation on
January 20, 2005 .
B_ Tyne applicant, Aho Construction, and some adjoining
neighbors both appealed the Planning Commission
recommendation.
C_ The appeals on the Planning Commission r ndation
required the City Council to seta time and date fora Closed Record
Hearing to c cider the appeals. March 9, 2005 was the date set £or
the closed record hearing.
9(a�
v_ Dzscvsszoly:
Sepazate appeals were £led on the preliminary plat recommendation
by both the applicant and some residents of nearby neighborhoods .
While the applicant, Aho Construction, appealed certain plat conditions
nded by the Planning Commission it was made clear an the
appeal letter that the general recommendation for approval o£ the plat
was not being appealed . The Aho appeal focused on the Following s
concerns; ( l. ) the requirement £or Noise mitigation plan, (2) the
requirement £or a block wall along the mplex, (3) the
requirement for Block wall along I- 182 , (4)c development phasing,
(5)dedication
of lot t 128 and (6) a typograpl-aical error in condition # 38 .
The a eigl-aborhood appeal w s less £oc used than the Aho appeal listing
at least a dozen items of concern and making demands For additional
information.
The stafF m ncluded in attachment A provides an overview and
response to both appeals .
Staff recommends the Council conduct a closed r ord hearing to
thoroughly review the r ord and the appeals by the applicant and
residents o£ the DesertePlateau neighborhood. The hearing should
then be closed with final action ng at the next regular
meeting_ By delaying final action until March Cl staff will be able
to prepare the necessary findings or {act and moth{ed approval
conditions after having the bene£t of Council direction £rom the
closed record hearing.
///��� AGENDA REPORT NO. 04
FOR: City Council ( I February 23, 2005
TO: Gary Crutcbfi ] y+ i�P'�J/Manager Workshop February 28, 2005
Regular hiy Mtg: March 7, 2005
FROM: Robert S. AIb¢r��tWli¢ Works Director
SUBJECT: Utility Over z ng Agreement for East Road 40 with Sonoran PaciTic
Resources, LLP.
I. REFERENCE(Sl:
1 . Proposed Agreement
It. ACTION REQUESTED OF COUNCIL/S"fAF'F RECOMMENDATIONS:
02/28a Diacuaaioa -
03/07e MOTIONa l a e to appro a the Utility Ov ng Agrcernant wnlr
Sonoran pacific Resources, LLP, for the c nstruction ova s r pipelia¢
and reconstruction of East Road 40 not toe eel $288,000 and, further,
to authorize the Mayor to sign the Agreemert.
III. FISCAL IMPACT:
Sewer Fund: Not to exceed $288,000_
IV . HIS"COKY ANll FACTS BRIEF:
On Saauary 5, 2004, the Pasco Ciry Council passed Resolutioa No. 2786
approving the preliminary plat for Terra Vita subdivision and the coalitions for
the approval. A c ndition of the plat is the consttvctioa of o£ --site sanitary sewer
lines to connect to the City's system.
1'wo eptiotts w wed with the preferred option being extendiag the c [sting
sewer pipeline in Vast t Read 40 to '- " Street. A 21 -iach sewer pipeline is needed
to s c the entire area including the SR 12/1-ewis Street interchange aren. Since
the subdivision only needs a 12-incb pipaliaagreement e, this agree pays for the
mg to 21 -inches. Since East Road 40, a snbstaadaad road, would be
mpactad by the coasttvctioa of the s r pipeline, it would also be beneficial to
the City to include reconstruction of East Road 40 as part of this pr ject.
"fhe City will r mburse the Developer, Soaorart PaciSe Resources, LLP, upon
mpletion of construction to oversize the sewer pipeline in an amount not to
cx:ccca $ 163,000. The City will also reimburse the Developer upon completion of
econstructioa
o17 East Road 40 the amount of $ 125,000. Total reimbursement
upon completion, inspection and acceptance by the City will be in an amount not
to exceed $288,000.
Staff recommends approval of the Utility Oversiziag Agreement with Soaoraa
Facific Resources, LLP. _
V. AOM1N 15"1'RATIVE ROUTING
Prject rile
lOCa])
Picvac Rc[uru Rccocdcd Documcu[ To:
CITY OF PASCO
Attn: Hngincerin8 DePartmewt
525 NortM1 3rd
Pasco WA 99301
UTILTTV OVERSIZTNG AGREEMENT
BY AGREEMENT dated this day of February 2005, the City of Pasco,
Washing[oq a M +� jai Cotpoz'atioxa, hereinatter ret.rred 4 as "City " aod Sororan Pacific
Resources, LLY, an• Arizona Limited Liability Partnership, hereinaRer re£errcd to as
"Developer " eater into ilae fo LLowiiag AgreerraeraL
WHEREAS, as a ondition Foy approval o£ the prelirlxiw plat or "Terra Vita
Subdivisiora, the City has required the construction ofot£-site sanitary sewers In cotaraect the
subdivision with the existing .sewers in East Road 40; and
WHEREAS, it is determined to be beneficial to the City to c nstruct the se
caPacities beyond that necessary to serve the Plat so as to eRiciently accott.rtacadate rutwe
develoPmeurs beYOUd the boundaries of the Plat; grad
WHEREAS, Road 40 is a substandard road which will be impacted by the
nstraaction of the sewer piPeliwP grad it is determiced to be beneficial to the City to have
Bast Road 40 recowa r. gyred as a part oFthis pr ject; and
WHEREAS, the D¢v¢ZOp¢r is willing to oversize the sewer pipe) and rewrastruct
East Road 40 for reimbtarserraent oFti a additional costs, NOW, 7"HERE FORE,
IN CONSIDERATION of the mutual covenants contained herein and other
valuable con.sideratioq the sufEcie%y o£ which is hereby acicrowledged, it is agreed as
follows:
SECTION 1
SEWER LINE CONSTRC{CT1ON FOR ADDITIONAL CAPACITY
The Developer shall, at his sole expense, pay aLL costs o£desigrairag, engineering and
corastcucting ofa 21 " sewer rraain Rom its existit terrrairaus in the rraarihole at East Road 40,
L1[ility Over sizing Agreement
Ciry oFPasco/SOmran PaciSC Raaourcea - t
approximately 4,000 lineal Feet to its point of connection with the Terra Vita Subdivision.
All co stcucfion shall be doae to Ciry standards in ordanee with the plaits anxi
speciC_ations as approved by the City's Public Works Director_
SECTION 11
REIIMIBURSEMENT FOA ADDITIONAL CAPACITY
The City shall reimburse Developer for the difference in the actual cost eF the
nstructioa cf the sewer pipeline, that diflererace between the corrstmctio osts of a 12"
sc�cr line eessary for the service of the plat which, For the purpose o£this Agreement, is
established at ONE HUNDRED . FIFTY THOUSAND DOLLARS and 00/100
($ 1 50,000.00), and the cost oriustalling a 21 " sewer: line to provide the access capacity as
required by the Ciry_ -1-he reinibursecnent amount shall he detertnirtecl by solicitation by the -
D¢v¢Top¢r ter enustruetinrt bids of the 21 " sewer pipeline to be constructed to City
standards, whic=h bids shall bejointiy evaluatcd by the Ciry and the D¢v¢lop¢r_ The
successfixI hidden shall be a bidder qualinca fbr public works construction under the
required by PMC 14. 10- "I-ha City shall reimburse the Developer the diIIcrence
between the accepted bid price and the base price o£ ONE HUNDRED FIFTY
THOUSAND DOLr nac and 001100 ($ 150,000.00), however, in no event shall the total
amouut of reimbursement by the City to the D¢v¢lop¢r for additional sewer capacity exceed
ONE HUNDRED SIXTY-THREE THOUSAND DOLT eRC artd 00/100 ($163,000.00)_
Payments shall be made withiu thirty (30) days o£in - upon completion, inspection and
ceptauce by the City_ Upon acceptance, all anproventeots shall becerne the property of
the City_ Acceptance ofpaytttent shall not constitute a o£any warranty r
o£tituess o
ocrtpliartce with the C'iry's speciEcations by the Dev¢rop¢r VALL inspections auxt acceptance
o£ all improvements shall be processed with due diligence by the City sc as not to
tartreasoua6ly delay reimburserxteni to the Dev¢Inp¢r_ The City shall watve the costs o£
uvspectlna Fees, including TV catnera work and permits_
SECTION III
ROADWAY CONSTRUCTION
The D¢v¢I� shall pay all cests £or reconstructicn of East Road 40 For
approximately 4,000 Intent feet to existing grade c o eriug that same area within which
xcavation for the auitary provided Sectiou I ahove was constructed.
Construction shall be in accordance with the City's adopted standards and specihcatiotrs attd
shall consist e£a 28-£oot road bed (from edge o£pavamant to edge efpavement), consisting
o£ 10 inches o£ cr ahw rock and three inches of ACP asphalt, together with adjacent 2'
gravel shoulders on either side eFthe improved r adway. All construction shall be doue to
City staudards in seecrdance with the plans approved by the City's Public Works Director_
Developer shall, du mg the recent period of construction for the improvements provided
hereut, be entitled to block and/or close the road.
utility Over s "g A6� C"t
City of Pacco/SO ran Pacific Resources - 2
SECTION IV
REIM RURSEM ENT OF STREET RECONSTRUCTION COSTS
The City shall reimburse the Developer for the reconstruction ofthat portion o£East
Road 40, the sum of ONE-HUNDRED TWENTY-FIVE THOUSAND DOLLARS artd
00/10 ($125,000.00). Payments shall he [[Dade within thirty (30) days of invoice upon
eer tetio inspection and acceptance by the City_ Upon acceptance, all imprevetneats
shall become the property of the Ctty. Acceptance ofpaymant shall not constitute a waiver
o ferny warranty oFStrtess or compliance with. the City's speeifczt i"ns by the Developer_ All
nspeetions and acceptance ofall itxoprovetzaents shall be processed with due diligence by the
City so as vot to unreasonably delay reimbursement to the Developer_ The City shall waive
irvspeetion and permit tees
SECTION V
TIME FOR PERFORMANCE
Developer shall, within rtirtety (90) days of the date oftbis Agreement, c
cen tructiett of the irnprovecrtents provided above_ Such iutpreve�ttts shall be cet leted
and available For inspection by the City no later than 190 days after the date of
corrtrrrencerrtertt.
SECTION VI
YUIILIC WORKS COMPLIANCE
To the extent the i prevenn is constructed under the terms ofthis Agreement err
Far the inclusive betteftt of the City, Public Works Construction St=� as required by
Title 39 RCW, the Developer shall provide compliance therewith including an Afftdavit of
Cotrtpliaxlce of Prevailing Wage as required. by RCW 39_12_040.
SECTION VII
RELATIONSHIP OF PARTIES
Subject to inspection For mpliaace with the project specifications, the Developer
shall have hall control efthe work to be perfortned under this Agreement and the ...n..++Pr of
its performance. Nothing berein shall be c rtstrued to create a joint venture, partnership, o
agency relazionship_ Neither party shall represent or have authority to bind the other, nor
Will either party be responsible For the acts, omissions, contracts er commitments of the
other.
SECTION VI11
INDEMNIFICATION
Developer shall defend, indemnify and hold harmless the City For any losses, claims,
causes o£action, datttages er fines er penalties, as aresult ofev arising out o£
Utility over s ins Agr¢¢me+n
CiH of Pavco/Sonoran Pacific
the City's participation in this Agrccmcnt, except as to those acts or omissions, that are
solely h°<°d upon the negligence of the City_
SECTION IX
GENERAL PROVISIONS
This Agreement and speciHCatiorts referred to herein contain the entire Agreement
between the Parties and cannot be clutnged except by written agrecraeut by
both parties. This Agreement shall apply to and be binding upon all assigns and successors
of both. parties_
For the purpose of this Agreement. time is cf the essence. Should a dispute arise
concern's the eathrcetnent, breach, or interpretation cf this Agreerucat, v caac shall be
placed in Franklin County, Washiagtoq the laws ofthe State of Washington shall apply, and
the prcvailitag party slam he granted agaiust the other, judgmcat for its reasouahle attntaey
fees and costs.
IN WITNESS WHEREOF, the parties have executed this Agreement ou the day
and year first w ittert above_
CITY OF PASCO, WASHINGTON SONOIiATT PACIFIC RESOURCES, LLP
Michael l_.. Garrison ]ertith 17
Mayor Presidern �-F G` - ]QiVel-• -""-�- �7SUK
ATTEST: APPROVED AS TO FORM:
Webster U . Jacksca Leland B_ Kerr
City Clerk City Attoracy
Utility Over s ing Agreement
City of PascWSOnoran Pacific R¢sottrc¢s - 4
STATE OF WASIdINGTON )
34.
County of Fr kl:e )
On this day personally appeared befor m¢ MICHAEL L GARRISON, Mayor of
the City of Pasco, to be known to be the individual described is and who executed the
within and Foregoing instrument, and acknowledged that he signed the same as his £r¢¢ and
voluntary act aria deed for the uses and purposes therein [netttioned-.
GIVEN under my hazel and o8ac.ial seal this day o£ , 2005_
N 01'ARY PUBLIC in and £or the State o£Washinb'ton
Residing at_
My Corrrr.,ia=ion Expir
f'Y...a:et...
STATE OP .^r%�9NZ1 )
County of N^°
On this day personally appeamd before me JERRY D. SMITH, PresidezzCofSozzoran
Pacific Resources, LLP, [o he krnwn to he the itldividual described in and who executed She
within and foregoing instrument, and acknowledged that he signed the same as his free and
voluntary act and deed for the uses and purposes therein zrlemioned_
CzIVEN under my hatrd and o\�1L/t.-tcial t - day 2005_
1 J
p1ga NOTARY PUBLIC m and for the Sta �utai..
a�"�� 12r_sidinQ arc
My C zirrnssr scion Expires-
- 1r . _
Nenl Sadora
•P •-.- uws.�
ExpiraTion Oate: May 30. 2008
Utility Over s ng Agreement
City oFPacco/SOnora+r Pxific Resorr�cs - 5
AGENDA REPORT NO_ 8
FOR: City Council March 3, 2005
TO: Gary Crut:iL g¢r Regular Mtg: March 9, 2005
FROM: Rob¢rt J. Alb¢rt , �¢-WOfKS Dir¢ctor
STJBJEC"f: N¢w Road 68 COmpoait¢ R¢s¢rvu:r — R¢aI Estnte EMcun lg¢ Agr¢¢m¢nt
1. REFERENCE(Sl:
1 . Proposed Agreement
2. Boundary Line Adjustment Survey
II. AC'f10N AEOUESTED OF COLiNCIL✓STAFF RECOMMENDATIONS :
03/09- MOT10N- I move to approve the Real Estat¢ Exchange Agreement with
Tower West, LLC, Foy the exchange of properties for the New Road 68
Composite Reservoir and, further, to authorize the City Manager to sign
the Agre e meat and all other associated documents raecessary to e££ect the
transfer_
iii. FISCAL IMPACT:
TV. H[STORY AND FACTS BRIEF:
The sta££ has been working with the property owner south of the City's Road 68
Reservoir to acqu additional property fur the placement o£thc n w 2.5 MG
mposite r outh of the existing site. The proposed agreement trades
23,314.20 squa¢ feet of City property adjacent to Sandifiar Parkway Ibr 23,314.20
square feet of property south of the reservoir site. The actual trade will be done
through Warranty Deeds and the property lot line adjustment process.
Statyyecommends approval o£ the land swap and authorization for the City
Manager to sign the agreement.
V . ADMTI�TISTRATIVE ROTJT£NO
Pr jeet File
:.ocb],
PI¢ase R¢turn Accorded Document To:
CITY OF' PASC'O
525 1 Engineering Department.
525 North 31d
Pasco WA 99301 _
REAL ESTATE EXCHANGE AGREEMENT
'PHIS AGKEEMEN'I' is encored into this day of March 2005, by
and between the City of Pasco, Washington. a Municipal Corporation. hereinafter
referred m as " iry " ana Towcr Wcst, LLC, a Washington Limited Liability
company, hereinafter elcrred to as "T,wer" providing for the exchange of the
below-described real property.
W I T
WIIEREAS, Ctry desires to exchange certain real property o ned by the
City adjacent to Sandifur Parkway, in Pasco, Washington, [ exchange for the
parcel cf real property
y tl ned by Tower i mediately adjacent o t its water tower
property as generally illustrated in Exhibit A attached hereto; ana
WHFKEAS, such exchange is cf like Kind within them ng of Scction
1031 of the Tntemal Revenuc Coae (T.R.0-), fee title to the parcels or real property
described hereinaRCq NOW, THEREFORE,
TN CONSTDEITATTON of the mutual covenants contained herein, the
Parties agree as follows:
1 . lower shall by Statutory Warranty Decd, ccnvcy to the Ciry that
real property more particularly described on Exhibit R as parcel No. 1 .
2. Ctry shall by Statutory Warranty Deed, convey to the Tower that
real property aesignatea on Exhibit C, as Parcel Nu a-
3- The a ch g rt
ane of the propey shall be closed r before the
day of March,[ 2005, at the office of Paine, Hamblen, Cuff n, Brooke 8
Miller, LLP, 7025 West Grandridge Blvd. , Suite A, Kennewick, Washington, and
all costs of closing to be borne by the City. The Parties shall be deemed in
possession upon the date of closing. All taxes, assessments, if any, shall be
proratea as of the date of closing.
Aeal Estate Exchange Agreement - 1
4. it is acknowledged that u boundary line adjustment shall he
a n
ary which application shall be accepted and processed timely by the Ciry at
the SoIe expense o£ the City. Ciry shall , at its expense, prepare survey
identifying the location and legal description of the parcels subject to this
exchange
5. This Agreement shall Be binding upon and iumare, to the benefit of
the Patties hereto nna their respective legal representatives, successors and
permitted assigns.
6. For the purpose of this Agreement, time i of the c nee. Should
any dispute a ng the breach, nterpretationso nforcenaent of this
Agreement, venue shall the placed in Fran Khn County, Washington, the law s of
the State o£ Washington shall apply, and the prevailing party shall be awarded its
reasonable attorney fees and costs against the other.
■N WiTNE55 WHEREOF', the parties have executed this Agreement on
the any and year first written above.
CI"I'Y OF PASCO, WASHINGTON
Gary Crutchfield
City Manager
TOWER WHST, LLC
neal PSrna Gxchange Agreement - 2
STATE OF WASHINGTON j
County of Franklin ; ss.
On this day personally appeared before me GARY CRUTCHFIELD. City
Manager of the City of Pascq to he Known to he the individual describea in nd who
e�etunecl the within and foregoing instrument, and acknowledged that he signed the same
as his free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and ofhend seal Uns day of March, 2tH35.
NOTAKY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
STATF OF WASHINGTON
SS.
County of Franklin ;
On this day personally appeared beFnra m - of
Tower West, LLC, to be known to be the individual described in and who a utad the
within and fo r ego ng i stru and ackn wledged signed the he sige the same as her free
and volunnaryact and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this any of Marc", 2005.
NOTARY PUBLIC in and for the State of Washington
Residing at
My Commission Expires:
xaal Estate Exchange Agreement - 3
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