HomeMy WebLinkAboutMatson Utility Service Waiver AgreementWHEN RECORDED RETURN TO:
City of Pasco, Washington
Engineering Department
525 North 3rd Avenue
Pasco, WA 99301
UTILITY SERVICE WAIVER AGREEMENT
(CHAPTER 16.06 PMC)
AFN # 1819572 PRAG
09/1912014 11:26 AM
3 Pageis) $74.00
Matt Beaton, Auditor
Franklin Co.. WA
1) The undersigned is the owner of the real property situated in Franklin County, Washington
addressed as 1916 Road 64 and described as:
Tax Parcel #: 118 -591 -044
Legal: Lot 2, Short Plat 2013 -011, according to the Plat thereof recorded in
Volume 1 of Plats Page 930, records of Franklin County, Washington
2) The undersigned has made application for waiver of the utility service requirements of Chapter
16.06 PMC and the Pasco City Council has by motion approved said waiver based on the
following Findings:
a) Presently, there is no sewer service provided near the property. The existing closest sewer
line is approximately 3,500 feet from the applicant's property and it is not cost effective for a
private party or the City to provide for the extension of such line. In addition, the Sewer
Master Plan shows this area is served by lift stations expected to be provided approximately
in the year 2025. While the date could change depending on the rate of development, it is
accurate to state that sewer infrastructure is not in place now or in the near future for
extension to the properties in question;
b) The applicant's property is similar and in some respects identical to much of the surrounding
residential development. All of the single family homes in this vicinity have been developed
with septic systems on relatively large lots. A local improvement district to extend sewer to
this part of Pasco is not likely at this time due do the existing development pattern and
conditions in the area;
c) Standards for septic systems are administered through the Benton Franklin Health
Department and will apply to the installation of septic systems on this property. It is not
expected that the waiver will be detrimental to public health or welfare in this vicinity;
d) The granting of a waiver will not conflict with the intent of Chapter 16.06 of the PMC. The
significant costs associated with sewer line extension, the timeframe expected for the
provision of infrastructure to allow the area to be served by city sewer, and the unlikelihood
of a local improvement district in the near future support the granting of a waiver for
connection to the city sewer system for the property.
3) The waiver is conditioned upon the undersigned making the following agreements and
acknowledgments with the City, which the undersigned does hereby freely and voluntarily
make:
a) The undersigned agrees to provide the City of Pasco with all necessary Health District
approvals for the use of a septic tank system at the above referenced property;
b) The undersigned acknowledges that the granting of a sewer utility waiver does not exempt
him/her from any obligation that results from the formation of a Local Improvement District
to provide sanitary sewer to the undersigned's property;
c) The undersigned shall pay an equitable share of any private sewer utility extensions abutting
the undersigned's property;
d) The above covenants to the City shall run with the land and be binding on the owner, on the
undersigned, his/her heirs, devisees, successors and assigns and all owners now or hereafter
of the land above described, or of any of said land described above;
e) A violation of any of the above covenants may be enjoined and the same enforced at the suit
of the City.
This utility waiver and agreement has been approved by the Pasco City Council on 15 � day of
SEPTEM$ER- ,201
GIN
Signature o a roperty wner(s)
STATE OF WASHINGTON )
ss.
County of Franklin
On this day personally appeared before me � a,, A Mca -kSo n , to be known
to be the individual(s) described in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed for the uses and
purposes therein mentioned.
UTILITY SERVICE WAIVER AGREEMENT (MF# USW2014 -001) -PAGE 2
GIVEN under my hand and official seal this \-1 day of kev nhe t, 201-�.
��`� Notary Public
NOTARY PUBLIC in and for the State of Washington
State of Washington
&`I KRYSTLE L. SHANKS
Residing at: �Pbj} -¢ o MY COMMISSION EXPIRES
January 5, 2016
My Commission Expires: QP a:. q 54.10)4
................................................ ..............................•
This utility service waiver and agreement has been approved by the Pasco City Council on
tc dayof 20-0 —.
111
III _
Dave ZaWl,
STATE OF WASHINGTON )
FY:71
County of Franklin
`Q C�oµiss'py y� i
? P Ry
On this day personally appeared before me, Dave Zabell, to be known to be the individual(s)
described in and who executed the within and foregoing instrument, and acknowledged that they
signed the same as their free and voluntary act and deed for the uses and purposes there/inn mentioned.
G N under hand and official seal this day of 20_
Residing at:
My Commission Expires
UTILITY SERVICE WAIVER AGREEMENT (MF# USW2014 -001) —PAGE 3