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HomeMy WebLinkAboutWhitten Family Investments Sidewalk Deferral 2154 N CommercialFILED 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: 113400403 SIDEWALK DEFERRAL AGREEMENT AFN # 1817579 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 3ULL1 , 2014, by and between the City of Pasco, Washington, a Municipal Corporation (hereinafter referred to as the "City"), and Whitten Family Investments LLC, (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 2154 N Commercial Ave also known as Parcel No. 113400403 in the City of Pasco, Franklin County, Washington, on property more legally described as follows: BINDING SITE PLAN 2011 -01 LOT 3 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 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 C�_ �s C)- 1-f 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) ss. County of Franklin Date: -1-16-1 Date: 7-/ / 11 On this jt;� day of 2014, personally appeared before me 5AAN 54el for the City of Pasco, Washington, described in and who executed the wr hin and oregoing 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 20\111t111//��� /' s W1\���� Side fe%% w�Iu �� aI Agreement - 2 NOTARY PUBWC in end for the State of Washington Residing at.�wr My Commission Expires STATE OF WASHINGTON) ss. County of Franklin ) On this —(� day of 1 , 2014, personally appeared before me txwrV W ;+ftr4 described in and who executed the within 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 GIVEN under my hand and official seal this Z 4.4 day of Gti l 2014. bN ,o SSION u NOTARI, A9m ® N n PUBLIC Sidewalk Deferral Agreement - 3 NOTARY PUBLIC in and for the State of Washington Residing at vt e,-✓( a' My Commission Expires 3 I u tot: x x o ( ❑ o E. p]��x i � W x : � w z W z ° o o�z C3 a 0 °a p O �y ? d x U mx o, w n o m 0 I d i n 9 9 8 =_ 8 8 / d ESQ i X. - �R 0 U U m rO a rn I ya e� p �$ m sq rvv�.ux I t 0 gti S 4 9 Jk w 8 liu x I I �YI I '3 8 �8 €vim€ Y z 8 4 1w 5 2 '. u[w:.V - ..Z/G 'u %eeE iieN 00'BESE leemiiieuI 6uFTFd E )e i :stied pY EE:OS ie SSpE /6E/90 1 MLY �y be 1'YMS gp9 9 Jk w 8 liu x I I �YI I '3 8 �8 €vim€ Y z 8 4 1w 5 2 '. u[w:.V - ..Z/G 'u %eeE iieN 00'BESE leemiiieuI 6uFTFd E )e i :stied pY EE:OS ie SSpE /6E/90 1 MLY 1'YMS s 9b4 eo- !E'WS 6SiMN as aA s 9 Jk w 8 liu x I I �YI I '3 8 �8 €vim€ Y z 8 4 1w 5 2 '. u[w:.V - ..Z/G 'u %eeE iieN 00'BESE leemiiieuI 6uFTFd E )e i :stied pY EE:OS ie SSpE /6E/90 1 MLY