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HomeMy WebLinkAboutE J Sanchez Tri City Pallets Sidewalk Deferral AgreementFILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco Public Works Department PO Box 293 Pasco, WA 99301 Parcel: 112520193 SIDEWALK DEFERRAL AGREEMENT AFN # 1812311 PRAG 03/12/2014 03:52 PM 4 Pageis) $75.00 Matt Beaton, Auditor Franklin Co.. WA THIS AGREEMENT, made and entered into this c;6N day of 2014, by and between the City of Pasco, Washington, a Municipal Corporation (&e inafter referred to as the "City "), and E Javier Sanchez (hereinafter referred to as the "Grantee" and /or "Grantees "). WHEREAS, Pasco Municipal Code, Title 12, requires curb, gutter and sidewalk improvements to be made for right -of -way improvements and new construction on all sides of such property that may adjoin a public street; and WHEREAS, the Grantee plans to construct a pole building located at 335 E. B Circle also known as Parcel No. 112520193 in the City of Pasco, Franklin County, Washington, on property more legally described as follows: THAT PORTION OF THE NORTHEAST 1/4, SECTION 34, TOWNSHIP 9 NORTH, RANGE 30 EAST — BEGINNING AT EAST QUARTER CORNER OF SAID SECTION; THENCE NORTH 00° 06' WEST ALONG EAST LINE OF SAID SECTION, 1,645.49' TO A POINT ON THE SOUTHWESTERLY RIGHT -OF -WAY OF HIGHWAY 395; THENCE NORTH 45° 03' WEST ALONG SAID RIGHT -OF -WAY, 176.91'; THENCE SOUTH 800 30' WEST, 413.25'; THENCE SOUTH 09'29' EAST, 53.75' TO TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 090 29' EAST, 608.73'; THENCE SOUTH 700 34' WEST, 310.7'; THENCE NORTH 19° 25' WEST, 599.59'; THENCE NORTH 70° 34' EAST, 415.8' TO TRUE POINT OF BEGINNING. And hereby requests that installation of sidewalks as required by PMC Title 12 be deferred until such installation is deemed necessary by the City; and Curb, Gutter and Sidewalk Deferral Agreement - 1 WHEREAS, the City has determined that deferral of sidewalk installation on the above - described property is not contrary to the health, safety and general welfare of City residents; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The City defers installation of sidewalk as required by PMC Title 12 to such future time as the City, in its sole discretion, deems said installation to be necessary. 2. Grantee shall immediately construct, in conjunction with the building permit, those portions of sidewalk not deferred by this Agreement; and furthermore, shall upon request of the City, install those portions of sidewalk deferred by this Agreement within ninety (90) days of the date of the request. 3. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of each of the parties hereto and shall run with the land. 4. This Agreement shall be recorded in the Franklin County Auditor's Office, by the City, and the terms and conditions of this Agreement shall run with the land. The Owner shall bear the cost of recording this document with the Franklin County Auditor, and shall provide said payment of costs to the City at the time of submittal of the deferral request. Curb, Gutter and Sidewalk Deferral Agreement - 2 Date: 2 1C� Date: Date: (L /, STATE OF WASHINGTON) SS. County of Franklin �p ) On this 0 day of 2014, personally appeared before me i/r� for the City of Pasco, Washington, described in and o executed the within and fo egoing instrument, and acknowledged he /she signed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this s /day of 2014. 0.V� �PAV Residing at My Commission Expires STATE OF WASHINGTON ) ss. County of Franklin State of Washington On this a7'0 day of 62i6 r , 2014, personally appeared before me E ��Y s �LUi Pr - described in and o ecuted the within and foregoing instrument, and acknowledge she si ed the same as is er free and voluntary act and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this day of 2014. BRENDA L. TIMPANY NOTARY PUBLIC in and f e State of Washington NOTARY PUBLIC Residing at STATE OF WASHINGTON g COMMISSION EXPIRES My Commission Expires cJ- MAY 9. 2015 _ _ _ Curb, Gutter and Sidewalk Deferral Agreement - 3 MILOP Curb, Gutter and Sidewalk Deferral Agreement - 4 REMU OF SLOW TO-00AWW SLWWY JAW SANCHEZ