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HomeMy WebLinkAboutLID 148 Agreement for Improvements & Waiver of Protest and AppealCITY OF PASCO LID NO. 148 AGREEMENT FOR IMPROVEMENTS AND WAIVER OF PROTEST AND APPEAL This Agreement for Improvements and Waiver of Protest and Appeal ( "Agreement ") is between the City of Pasco, Washington ( "City") and the below identified owner(s) ( "Owner ") of property located within Local Improvement District No. 148 ( "LID No. 148 "). WHEREAS, the City of Pasco formed LID No. 148 by Ordinance No. 3988 on January 18, 2011. As shown on the records of Franklin County, Owner owns property within LID No. 148. The Owner's property is described in Section 7 of this Agreement; and WHEREAS, the LID is one of a series of City LIDS to improve streets and utility infrastructure within the Kurtzman Park area of the City. Following an initial contract for construction of LID improvements, the City scheduled a hearing to consider the final assessment roll for LID 148. The Council commenced the hearing, but has not yet taken action on the final assessment roll; and WHEREAS, in the construction of LID 148 improvements, the City provided various property owners the opportunity to request service connection fees to previously installed City utilities to be included as an additional assessment. Some property owners took advantage of this opporuznity while other property owners did not; and WHEREAS, Owner is a property owner who did not initially request service connection fees to previously installed City utilities to be included as an additional assessment. Owner desires City to include utility connection charges; and WHEREAS, this Agreement sets out the Owner and City obligations for those improvements and charges. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: AFN # 1808714 PRLI 11121/2013 10:11 AM 3 Page(s) $74.00 WHEN RECORDED RETURN TO: Matt Beaton, Auditor City of Pasco, Washington Franklin co.. WA 525 North 3rd Pasco WA 99301 CITY OF PASCO LID NO. 148 AGREEMENT FOR IMPROVEMENTS AND WAIVER OF PROTEST AND APPEAL This Agreement for Improvements and Waiver of Protest and Appeal ( "Agreement ") is between the City of Pasco, Washington ( "City") and the below identified owner(s) ( "Owner ") of property located within Local Improvement District No. 148 ( "LID No. 148 "). WHEREAS, the City of Pasco formed LID No. 148 by Ordinance No. 3988 on January 18, 2011. As shown on the records of Franklin County, Owner owns property within LID No. 148. The Owner's property is described in Section 7 of this Agreement; and WHEREAS, the LID is one of a series of City LIDS to improve streets and utility infrastructure within the Kurtzman Park area of the City. Following an initial contract for construction of LID improvements, the City scheduled a hearing to consider the final assessment roll for LID 148. The Council commenced the hearing, but has not yet taken action on the final assessment roll; and WHEREAS, in the construction of LID 148 improvements, the City provided various property owners the opportunity to request service connection fees to previously installed City utilities to be included as an additional assessment. Some property owners took advantage of this opporuznity while other property owners did not; and WHEREAS, Owner is a property owner who did not initially request service connection fees to previously installed City utilities to be included as an additional assessment. Owner desires City to include utility connection charges; and WHEREAS, this Agreement sets out the Owner and City obligations for those improvements and charges. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. REQUESTED IMPROVEMENTS. The Owner hereby requests and agrees for the installation, and payment as provided herein, the following improvements or charges ( "Requested Improvements "): Include sewer connection fees as an additional amount in the LID assessment 2. ASSESSMENTS. The Owner agrees to pay for the Requested Improvements the following amounts which shall be an additional assessment against the Owner's LID No. 148 assessment, and payable under the terms of the LID Assessment for a period of ten (10) years: Improvement: N/A Amount: Improvement: N/A Amount: Improvement: N/A Amount: Connection/Capital Facility Charge: Amount: �-�b- City shall construct the Requested Improvements and assess the cost of the Requested Improvements as part of the assessment against the Owner's Property in LID No. 148 upon the real property described in Section 7 below. 3. TERM OF AGREEMENT. This Agreement shall become effective upon the execution by Owner and approval by the City, and shall terminate upon the satisfaction of the LID No. 148 Assessment, however, in no event shall exceed ten (10) years following City approval of the final assessment roll. 4. SPECIAL BENEFIT. Owner acknowledges and Agrees that Owner's Property is specially benefitted (that is, the value of the Owner's property will increase) as a result of the LID Improvements and the Further Improvements within LID No. 148. 5. WAIVERS. Owner voluntarily and irrevocably waives any right to protest or challenge LID No. 148 and/or Ordinance No. 3988, including under RCW 35.43.100 or RCW 35.43.180. Nothing in this Agreement constitutes a waiver of Owner's right to protest the final assessment levied against the Owner's Property under LID No. 148. Any such protest must conform to law. 6. BINDING EFFECT. The City may file or record an executed copy of this waiver with the County Assessor, but the failure of the City to do so shall not affect the validity of this Agreement. This Agreement shall run with the land and be binding upon the Owner(s) and all successors in interest. 7. DESCRIPTION OF PROPERTY. The Owner's property subject to this Agreement is legally described as follows: Lots 15 and 16, Block 5, Kurtzman's First Addition, according to the plat thereof in Volume `B" of plats, together with 10 feet of vacated Butte Street adjacent, records of Franklin County Washington. DATED this o20 `fib day of Property Owner Subscribed and sworn to me this 2116 " day of 2013. .�t'4737i 1g �— t i " � Ufa Signam a of o ry k l r s ovAxi►: *• PUBLIC : ty legibly Pdm orSamp Name of No ary) PUBLIC Dad Notary public in for the sta. f Washington, se,a r�r 0'r, residin��Q si� IVA5 � 0 My appointment expires 11'� 1-7 ACCEPTED BY CITY OF PASCO this d y of,. .12013. Gary Crutc ager If the landowner desires to enter this Agreement with City, please execute before a notary public and deliver or send the notarized form to Engineering Division, City of Pasco, Pasco City Hall, 525 N. 3rd Avenue, Pasco, WA 99301.