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HomeMy WebLinkAboutWhitten Family Investments Sidewalk Deferral 2138 N CommercialFH.ED 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: 113400405 SIDEWALK DEFERRAL AGREEMENT AFN # 1817580 PRAG 07128/2014 04:05 PM 4 Page(s) $75.00 Matt Beaton, Auditor Franklin Co.. WA THIS AGREEMENT, made and entered into this day of 2014, by and between the City of Pasco, Washington, a Municipal Corporatio (hereinafter referred to as the "City"), and Whitten Family Investments Lam_ (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 improvements on the parcel located at 2138 N Commercial Ave also known as Parcel No. 113400405 in the City of Pasco, Franklin County, Washington, on property more legally described as follows: BINDING SITE PLAN 2011 -01 LOT 5 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 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. Sidewalk Deferral Agreement - 1 asap 2. Grantee shall immediately construct, in conjunction with the building permit, those portions 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 the costs to the City at the time of the submittal of the deferral request. STATE OF WASHINGTON) Date: '7 — /Co — /V Date: 7 —// L : ss. County of Franklin ) On this jXday of 2014, personally appeared before m�t — City of Pasco, Washington, described in and who execut the PwRtItid and foregoing instrument, and acknowledged he /she signed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned GINQ under my hand and official seal this >Ilo 2014%,0 • Z LJ ff OCl•\SS�ON Fap�9tC,9i'i *'U PUD�t� ' ``�f��1IF111f 111�� `4 Sidewalk Deferral Agreement - 2 NOTARY PUBLIC Yn an Residing at My Commission Expires day oatJ�, State of STATE OF WASHINGTON) ss. County of Franklin ) On this t ' day of JLVI �j , 2014, personally appeared before me Lzre W 'i described in and who executed the within and foregoing instrument, Ind 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 day of 2014. NOTgRy 9m PUBLIC Sidewalk Deferral Agreement - 3 NCTAIZ71PUBLIC in and for the State of Washington Residing at (G Z'w h C-.-j c.(, My Commission Expires ,3 7'4( -,C- T � RZ pa a {jNtlORn a W m dal lGaa $ y z a . F-I z e z 6 °�.. gm m k3Y a C; I q it o F U zimd�; oa 81`$ aP,��y Rli G °m5 i �4I IFS / / dss n ` sti i is _. F� __ _ / ♦ N , I .Wggy irvhela s� � P � �� So e - aY° I a das£ fro — _Jr r k 3 a 'tli lliawJ uFTPread 'adTTpnY 'aoi W6 i�FI 00. SEu FuamiiT6vl -TIT9 =In E6a59a Y N.N