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HomeMy WebLinkAbout2015.04.20 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. April 20,2015 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public,the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated April 6,2015. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve claims in the total amount of$2,813,157.64. 2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of$221,995.88 and, of that amount, authorize$104,198.07 be turned over for collection. (c) Appointments to Parks and Recreation Advisory Board: (NO WRITTEN MATERIAL ON AGENDA)To appoint Nolvia Salinas to fill Position No. I (expiration date 2/2/17); to reappoint Arthur Job to Position No. 3 and Edmon Daniels to Positon No 5, and to appoint Molly Harker to Position No. 8 (all with the expiration date of 2/2/18) to the Parks and Recreation Advisory Board. (d) I Appointment to Housing Authority Commission. (NO WRITTEN MATERIAL ON AGENDA) To reappoint Greg Garcia to Position No. 4 (expiration date 1/28/20) to the Housing Authority Commission. (e) Waiver of Sewer Utility Service Requirement(MF#USW2015-001): 1. Agenda Report from Shane O'Neill,Planner I dated April 8,2015. 2. Sewer Waiver—Vicinity Map. 3. Sewer Waiver—Overview Map. 4. Sewer Waiver—Proposed Utility Service Waiver Agreement. To conditionally approve the sewer utility service waiver for 6505 Pearl Court and, further, authorize the City Manager to execute the waiver agreement. (f) Aircraft Rescue and Firefighting Services: 1. Agenda Report from Robert Gear,Fire Chief dated April 7,2015. 2. Aircraft Rescue and Firefighting Services—Interlocal Cooperation Agreement. To approve the Interlocal Cooperation Agreement between the City of Pasco and the Port of Pasco for Aircraft Rescue and Firefighting Services. (g) I Resolution No. 3632, a Resolution accepting work performed by Accelerated Construction&Excavating,LLC under contract for the 2014 Sewer Line Repairs Project. 1. Agenda Report from Kent McCue,Construction Manager dated March 23, 2015. 2. 2014 Sewer Line Repairs—Vicinity Map. 3. 2014 Sewer Line Repairs—Resolution. To approve Resolution No. 3632, accepting the work performed by Accelerated Construction&Excavating,LLC under contract for the 2014 Sewer Line Repairs Project. (h) I Resolution No. 3633, a Resolution fixing the time and date for a public hearing to consider vacating a portion of East Hillsboro Road. 1. Agenda Report from Dave McDonald,City Planner dated April 13,2015. 2. Street Vacation,Portion of East Hillsboro Road—Overview Map. 3. Street Vacation,Portion of East Hillsboro Road—Vicinity Map. Regular Meeting 2 April 20,2015 4. Street Vacation,Portion of East Hillsboro Road—Proposed Resolution. 5. Street Vacation,Portion of East Hillsboro Road—Vacation Petition. To approve Resolution No. 3633, setting 7:00 p.m.,Monday,May 18,2015 as the time and date to conduct a public hearing to consider vacating a portion of East Hillsboro Road west of Highway 395. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. (a) (b) (e) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (e) 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Annexation: Road 80 Area Zoning(MF#ZD2015-001). 1. Agenda Report from Dave McDonald,City Planner dated April 14, 2015. 2. Annexation,Road 80 Area Zoning—Overview Map. 3. Annexation,Road 80 Area Zoning—Report to Planning Commission. 4. Annexation,Road 80 Area Zoning—Response to Committee dated 4/3/15. CONDUCT A PUBLIC HEARING (b) ■Street Vacation:Portion of Commercial Avenue(MF#VAC2015-005). 1. Agenda Report from Dave McDonald,City Planner dated April 14,2015. 2. Street Vacation,Portion of Commercial Avenue—Overview Map. 3. Street Vacation,Portion of Commercial Avenue—Vicinity Map. 4. Street Vacation,Portion of Commercial Avenue—Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance vacating a portion of Commercial Avenue. MOTION: I move to adopt Ordinance No. . vacating a portion of Commercial Avenue and,fiuther,authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Ordinance No. , an Ordinance repealing Ordinance No. 4215 vacating north/south alleys in Kurtzman's First Addition and Acre Park Addition and reestablishing the vacation of said alleys with retention of easements. 1. Agenda Report from Shane O'Neill,Planner I dated April 1,2015. 2. Kurtzman Alley Vacation—Overview Map. 3. Kurtzman Alley Vacation—Vicinity Map. 4. Kurtzman Alley Vacation—Proposed Ordinance. MOTION: I move to adopt Ordinance No. . repealing Ordinance No. 4215, vacating several north/south alleys in the Kurtzman's Addition and Acre Park neighborhoods and retaining utility easements and, further, authorize publication by summary only. Regular Meeting 3 April 20,2015 (b) i Resolution No. , a Resolution of the City Council of the City of Pasco, Washington, expressing support for a 2015 Transportation Revenue and Reform Package, which includes funding for the Lewis Street Overpass Project. 1. Agenda Report from Stan Strebel,Deputy City Manager dated April 15,2015. 2. Transportation Package Revenue—Proposed Resolution. MOTION: I move to approve Resolution No._, expressing support for a 2015 Transportation Revenue and Reform Package, which includes funding for the Lewis Street Overpass Project. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Annexation Road 80 Area(MF#ANX2015-001): 1. Agenda Report from Dave McDonald, City Planner dated April 14,2015. 2. Annexation Road 80 Area—Overview Map. 3. Annexation Road 80 Area—Notice of Intent to Commence Annexation. MOTION: I move to authorize the City Manager to execute the Notice of Intent to Commence Annexation Proceedings and any follow-up petitions for the Road 80 Annexation Area. (b) Archer Estates,Phase 1 Water System Extension Agreement(Dent Road): I. Agenda Report from Kent McCue,Construction Manager dated March 4,2015. 2. Archer Estates—Vicinity Map. 3. Archer Estates—Agenda Report,Water Extension Agreement. 4. Archer Estates—Agenda Report,Amendment 1 —Water System Extension. 5. Archer Estates—Proposed Agreement. MOTION: I move to approve the Water System Extension Agreement with Big Sky Developers,LLC and,further,authorize the City Manager to execute the Agreement. 11. MISCELLANEOUS COUNCIL DISCUSSION: (a) (b) (e) 12. EXECUTIVE SESSION: (a) (b) (C) 13. ADJOURNMENT. rRoll Call Vote Required Item not previously discussed Quasi-Judicial Matter MF# "Master File#...... REMINDERS: 1. 6:00 p.m., Monday, April 20, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 2. 5:00 p.m., Tuesday, April 21, TRAC — TRAC Advisory Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER AL YENNEY) 3. 7:30 a.m., Wednesday, April 22, 7130 W. Grandridge Blvd — Visit Tri-Cities Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN,Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 6, 2015 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffinann, Tom Larsen, Saul Martinez,Matt Watkins and Al Yenney. Staff present: Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Rick White, Community& Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief; Bob Gear, Fire Chief and Eva Lindgren, Deputy Administrative and Community Services Director. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Minutes: Minutes of the Pasco City Council Meeting dated March 16,2015. Bills and Communications: To approve claims in the total amount of$3,233,778.85. Appointments to Planning Commission. To appoint Tanya Bowers to fill Position No. 1 (expiration date of 2/2/16)and Paul Mendez to fill Position No. 3 (expiration date of 2/2/18); and to reappoint Gabriel Portugal to Position No. 9 (expiration date of 2/2/21) on the Planning Commission. Appointments to Code Enforcement Board. To reappoint Dwayne Speer to Position No. 1 and Daniel Gottschalk to Position No. 2 (both with the expiration date of 1/1/17)to the Code Enforcement Board. Medical Program Director Clerical Support Amended Agreement: To approve the amended and restated Interlocal Cooperation Agreement providing for the administrative clerical support to the Benton/Franklin Counties Medical Program Director and, further, authorize the Mayor to execute the agreement. Resolution No.3630, a Resolution of the City of Pasco,Washington ratifying the Equipment Lease-Purchase Agreement with Motorola Solutions,Inc.; and ratifying the document's execution. To approve Resolution No. 3630,ratifying the Equipment Lease Purchase Agreement with Motorola Solutions, Inc., and ratifying the document's execution. Resolution No.3631, a Resolution accepting work performed by Allstar Construction Group, Inc.,under contract for the Court Street ADA Upgrade and Countdown Signal Heads and,the 2012 ADA Ramps Project. To approve Resolution No. 3631, accepting the work performed by Allstar Construction Group, Inc.,under contract for the Court Street ADA Upgrade and the 2012 ADA Ramps Project. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. 3(a).1 1 MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 6, 2015 REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Yenney attended Food Truck Friday and commented on the Commission on Hispanic Affairs meetings. Mr. Larsen attended the Emergency Medical Services Board meeting. Mr. Hoffmann attended the Franklin County Mosquito Control District Board meeting and the Commission on Hispanic Affairs meetings. Ms. Francik reported on the Commission on Hispanic Affairs meetings. Mayor Watkins commented on the Commission on Hispanic Affairs meetings and reported on meetings with Senator Cantwell regarding the Manhattan Project National Historic Park and Crude by Rail Safety. NEW BUSINESS: Fire Department Administrative Office: Council and staff discussed the details of the project. MOTION: Ms. Francik moved to authorize project specific authority for the City Manager of up to $150,000 to accept the lowest competitive quote and to contract for the Fire Station 81 Administrative Office Project. Mr. Yenney seconded. Motion carried unanimously. EXECUTIVE SESSION: Council adjourned to Executive Session at 7:18 p.m. for approximately 30 minutes to discuss potential litigation with the Deputy City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 7:48 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:48 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 20th day of April, 2015. 2 CITY OF PASCO Council Meeting of: April 20.2015 Accounts Payable Approved The City Council City of Pasco,Franklin County,Washington We,the undersigned,do hereby certify under penalty of perjury that the materials have been furnished,the services rendered or the labor performed as described herein and that the claim is a just,due and unpaid obligation against the city and that we are authorized to authenticate and certify to said claim. Zabell y Manager Rick Te y,A&CS DI t We,the undersigned City Councilmembers of the City Council of the City of Pasco,Franklin County,Washington,do hereby certify on this 20 day of April,2015 that the merchandise or services hereinafter specified have been received and are approved for payment: Claims Bank Pavroll Bank Gen I Bank Electronic Bank Combined Check Numbers 203426-203650 4784647879 900000111 Total Check Amount $1,728,818.52 $34,264.53 Total Checks $ 1,763,083.05 Electronic Transfer Numbers 805039-805040 30080214.30080693 128-133 805043-805046 805083:805085 Total EFT Amount $410,664.96 $629,232.13 $10,177.50 Total EFTS $ 1,050,074.59 Grand Total $ 2,813,157.64 Coundlmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND 423,745.46 STREET 193.32 ARTERIAL STREET 0.00 STREET OVERLAY 21,205.13 C.D.BLOCK GRANT 22289 HOME CONSORTIUM GRANT 11,533.19 NSP GRANT 1.825.61 KING COMMUNITY CENTER 923.00 AMBULANCE SERVICE 27,900.63 CEMETERY 7,460.09 ATHLETIC PROGRAMS 190.00 GOLF COURSE 70,917.50 SENIOR CENTER OPERATING 6,385.59 MULTI MODAL FACILITY 1.863.44 RIVERSHORE TRAIL&MARINA MAIN 859.13 SPECIAL ASSESSMNT LODGING 15,638.09 SCHOOL IMPACT FEE 98,343.00 REVOLVING ABATEMENT 372.78 TRAC DEVELOPMENT&OPERATING 20,240.17 ECONOMIC DEVELOPMENT 101,096.75 STADIUM/CONVENTION CENTER 2,500.00 GENERAL CAP PROJ CONSTRUCTION 516,031.37 WATER/SEWER 355,337.78 EQUIPMENT RENTAL-OPERATING GOVERNMENTAL 18,474.45 EQUIPMENT RENTAL-OPERATING BUSINESS 6,900.35 EQUIPMENT RENTAL-REPLACEMENT GOVERNMENTAL 106,647.23 EQUIPMENT RENTAL-REPLACEMENT BUSINESS 2,960.86 MEDICALIDENTAL INSURANCE 149,375.51 FLEX 12,199.56 PAYROLL CLEARING 831,814.78 GRAND TOTAL ALL FUNDS: $ 2,813,157.64 3(b).1 AGENDA REPORT FOR: City Council DATE: April 15,2015 TO: Dave Z,abell,City Manager REGULAR: April 20,2015 Rick Terway,Ad trative unity Services Director FROM: Eva Lindgren dministrative&Community Services Deputy Director SUBJECT: BAD DEBT WRTTE-OFF'S/COLLECTION. I. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $221,995.88 and, of that amount, authorize$104,198.07 be turned over for collection. III. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING- These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address,or are accounts in"occupant"status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE -These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines,and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are retained with no forwarding address. Those submitted for collection exceed$10.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 7. MISCELLANEOUS- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ .00 .00 .00 Ambulance $ 116,897.81 12,961.14 129,858.95 Court A/R $ .00 77,327.00 77,327.00 Code Enforcement $ 900.00 11,401.03 12,301.03 Cemetery $ .00 .00 .00 General $ .00 2,508.90 2,508.90 Miscellaneous $ .00 .00 .00 TOTAL: $ 117,797.81 104,198.07 221,995.88 3(b).2 AGENDA REPORT FOR: City Council April 8, 2015 Workshop Mtg.: 4/13/15 TO: Dave Zabell, City Manager n G/ Regular Mtg.: 4/20/15 Rick White, Community&Economic Development Director F� FROM: Shane O'Neill, Planner I � SUBJECT: Waiver of Sewer Utility Service Requirement(MF#USW 2015-001) I. REFERENCE(s): 1. Sewer Waiver—Vicinity Map 2. Sewer Waiver—Overview Map 3. Sewer Waiver—Proposed Utility Service Waiver Agreement H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/13: DISCUSSION: 4/20: MOTION: I move to conditionally approve the sewer utility service waiver for 6505 Pearl Court and authorize the City Manager to execute the waiver agreement. HI. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A. The applicant has applied for a utility service waiver to install a septic system for new construction of a single family dwelling at 6505 Pearl Court on an existing lot. PMC 16.06 requires connection to the utility system when a building permit is issued unless such requirement is waived by action of City Council. B. Utility waivers are granted/denied by City Council in accord with the requirements of PMC 16.06.050. This section of the PMC requires that City Council base their decision on the following criteria: • Special circumstances applicable to the property in question or the intended use that do not generally apply to either properties or classes of uses in the same vicinity or zoning classification. • A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other properties in the same vicinity and same zoning classification, which because of special circumstances is denied to the property in question. • The granting of the waiver will not be detrimental to the public welfare or egregious to other property improvements in such vicinity and zoning classification,which the subject property is located. • The granting of a waiver will not conflict with the general intent of this chapter. C. The above criteria contained in PMC 16.06.050 is established to measure unusual or unique circumstances peculiar to a certain property that would justify waiver of a requirement for utility connections similar to the way a land use variance would be evaluated. 3(e) V. DISCUSSION: A. Presently, the nearest existing sewer line is approximately 2,500 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 at this time. B. Legacy Flats is a 6-lot suburban subdivision bordering the city limits line to the south. Each lot in the subdivision was designed to meet Health District standards for accommodating septic systems. Single family homes in this vicinity have been developed with septic systems on roughly half-acre lots. A local improvement district to extend sewer to this part of Pasco is not likely in the near future due do the existing development pattern 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 and the unlikelihood of a local improvement district in the near future leads staff to recommend that a sewer connection waiver be granted for the property. p.' .y ..�.- 1 � � nr J �a. • ,. 1^.—,-_� III IIS �r{ i} opt C 400k,' 00 + h l to r r # Fc t i,t � ; ,� M�rel[ . r� ell- 5 c- 41 + �fJ "y`7•# vv. dp r a-" T y Y � n • - - r�fl' I. ki a a • rtL • i-+ �� ti WHEN RECORDED RETURN TO: City of Pasco,Washington Engineering Department 525 North 3rd Avenue Pasco,WA 99301 UTILITY SERVICE WAIVER AGREEMENT (CHAPTER 16.06 PMC) 1) The undersigned is the owner of the real property situated in Franklin County, Washington addressed as 6505 Pearl Court and described as: Tax Parcel(parent)#: 118-591-117 Legal: Lot 4, Legacy Flats, according to the Plat thereof recorded in Volume 2 of Plats Page 1, records of Franklin County Auditor's Office,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 nearest existing sewer line is approximately 2,500 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. b) 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; c) Single family homes in this vicinity have been developed with septic systems. The subject site was recently created by a recent plat which created six(6) lots roughly one-half acre in area. The subject parcel is 0.59 acres in area. A local improvement district to extend sewer to this part of Pasco is not likely in the near future due do the existing development pattern in the area; 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. UTILITY SERVICE WAIVER AGREEMENT(TGIF'#USW2015-001) In consideration of the mutual covenants contained herein, the sufficiency of which are hereby acknowledged,the parties agree as follows: 3) The City waives connect of the above described property to the City sanitary sewer system prior to granting of a development permit as required by PMC 16.06.010 until such time as the utility services are available as defined in PMC 16.06.010 or the basis for the waiver as provided in PMC 16.06.050 ceases to exist. 4) 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 and water to the undersigned's property; c) The owners jointly and severally hereby(1)make, constitute and appoint the City as the owners' true and lawful attorney in fact for them in their name, place and stead and as an irrevocable proxy to sign a petition for the formation of a local improvement district or utility local improvement district ("LID") hereafter to be formed by the City or its successors for the improvement that will provide utilities available for the benefit of the real property describe above and(2) waive their right under RCW 35.43.180 to protest formation of such LID for such improvements. The property owners reserve and retain the right to object to the amount of the LID assessment levied against the property and to appeal that assessment to the Franklin County Superior Court; d) The undersigned shall pay an equitable share of any private sewer utility extensions abutting the undersigned's property; e) This Agreement shall be a conveyance of an irrevocable interest in land and the owners do by these presents convey to the City such limited interest in the property. 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; f) A violation of any of the above covenants may be enjoined and the same enforced at the suit of the City with attorney fees awarded to the substantially prevailing party; g) The owners do hereby warrant that the persons named as "property owner" on the signature lines below are all of the persons or entities having any interest in the property and that they have full power to execute this Agreement. UTILITY SERVICE WAIVER AGREEMENT(W#USW2015-001) This utility waiver and agreement has been approved by the Pasco City Council on day of 2015. Signature of Legal Property Owner(s) STATE OF WASHINGTON ) : ss. County of Franklin ) On this day personally appeared before me 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. GIVEN under my hand and official seal this_day of ,2015. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: This utility service waiver and agreement has been approved by the Pasco City Council on day of 2015. Dave Zabell,City Manager STATE OF WASHINGTON ) ss. County of Franklin ) On this day personally appeared before me, Dave Zabell, City Manager, 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. GIVEN under my hand and official seal this_day of ,2015. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: UTILITY SERVICE WAIVER AGREEMENT(MF#USW2015-001) AGENDA REPORT FOR: City Council April 7, 2015 TO: Dave Zabell, City Managed Workshop Mtg.: 4/13/15 Regular Mtg.: 4/20/15 FROM: Robert W. Gear, Fire Chief V.— SUBJECT: Aircraft Rescue and Firefighting Services I. REFERENCE(S): 1. Aircraft Rescue and Firefighting Services- Interlocal Cooperation Agreement II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 4/13: Discussion 4/20: MOTION: I move to approve the Interlocal Cooperation Agreement between the City of Pasco and the Port of Pasco for Aircraft Rescue and Firefighting Services. III. FISCAL IMPACT: 2015 Revenue......................$663,563 2015 Expenditures ..............$663,563 2016 Revenue......................$699,996 2016 Expenditures..............$699,996 Est. IV. HISTORY AND FACTS BRIEF: A) The City of Pasco has provided Aircraft Rescue and Firefighting (ARFF) Services to the Port of Pasco at the Tri-Cities Airport since 1996. The current contract was modified in 2005 to provide for the construction of the airport fire station and the sharing of expenditures for said construction. B) Changes are needed in the current airport contract to address ARFF staffing levels, shared expenses and liability for actions. The contract is intended to be revenuelexpenditure neutral, it is expected that the City's expenses under the revised agreement will be offset by increased payments from the Port. V. DISCUSSION: A) The current contract provides for staffing the ARFF truck with one firefighter. A recent change in Labor and Industries regulations require that hot zone entries must be in a team of two. This new requirement significantly reduces of the department's ability to efficiently respond to aircraft related emergencies. The proposed contract will provide for an ARFF driver/operator and an officer/supervisor on the truck thereby reducing response rimes into a hot zone and increasing effectiveness and safety of the firefighters and service to the public. B) The proposed contract clarifies language concerning cost assignment between the Port and the City. Changes were made to provide clear language on the responsibilities and cost allocations occasioned by the sharing of people, facilities and equipment. C) The proposed contract also modifies language in Section 6, Indemnification and Hold Harmless, relating to liability associated with services provided to the Port by the City under this agreement. 3(f) WHEN RECORDED RETURN TO: City of Pasco,Washington 525 North 3rd Pasco WA 99301 INTERLOCAL COORPERATION AGREEMENT BETWEEN THE CITY OF PASCO AND THE PORT OF PASCO FOR AIRCRAFT RESCUE AND FIREFIGHTING SERVICES BY THIS INTERLOCAL COOPERATION AGREEMENT entered into this day of 20_, between the City of Pasco, a Washington Municipal Corporation, hereafter referred to as "City" and the Port of Pasco, a Washington Municipal Corporation, hereinafter referred to as"Airport"or"Port"as appropriate. WHEREAS,pursuant to RCW Chapter 39.34,the Interlocal Cooperation Act,the Parties hereto desire to enter into an agreement for the purpose of staffing, equipping and operating a city/airport fire station at the Tri-Cities Airport,hereinafter referred to as"Airport." Said facility, equipment and personnel will provide Aircraft Rescue and Firefighting (ARFF) services to the airport as well as surrounding areas of the City. WHEREAS,the Port owns,maintains,and operates the Airport under Chapter 14.08 RCW and is empowered thereby to contract with any political subdivision of the State for the furnishing of fire protection; and WHEREAS,the City maintains a Fire Department and is able and willing to render aircraft rescue and firefighting services at the Airport upon reasonable terms; and WHEREAS,the City has provided such services in the past,and will continue to do so at the Port's fire station facility. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed between the parties as follows: 1. Aircraft Rescue/Firefighting Services. The Port shall provide full access to the existing fire station facility located at the Airport,and the City shall provide for aircraft rescue and firefighting services for the benefit of the Port as provided in the Aircraft Rescue and Firefighting Services Operating Plan, which is attached hereto and incorporated hereinby this reference as Exhibit A. The Aircraft Rescue and Firefighting Services Operating Plan may be modified and amended by written agreement between the Director of Airport and the City Fire Chief. The Port recognizes the Fire Chief of the City as the Airport Fire Chief and hereby delegates authority to the Fire Chief to operate the Aircraft Rescue and Firefighting program per the operating plan. Further the Port recognizes that by delegating authority they still maintain responsibility for providing aircraft rescue and firefighting services that comply with FAA part 139 and WAC 296-305, except for those responsibilities undertaken by the City under the aircraft Rescue and Firefighting Services Operating Plan. 2. Service Payments. A. The Port agrees to pay to the City for services provided under Section 1 above: (1) For the calendar year the Port shall pay $663,563 which shall be payable at the rate of$55,296.92 per month commencing on the 15th day of January 2015, and payable on the 15th day of each month thereafter. (2) For the calendar year 2016,the Port shall pay$699,996 which shall be payable at the rate of$58,333 per month commencing on the 15th day of January 2016, and payable on the 15th day of each month thereafter. (3) Commencing January 1, 2017, the annual service payment above shall be increased above the 2016 annual rate by the actual costs for personnel as established through collective bargaining for the respective calendar year. During protracted contract negotiations exceeding one year, the annual service payment shall be increased by the Consumer Price Index issued by the US Department of Labor for the West Coast Class B/C Cities. Once contract negotiations are finalized the service payment shall be adjusted to the actual salaries. If the collective bargaining agreement occurs after the first of any new calendar year,the sum shall be revised accordingly and the City reimbursed by the Port for such retroactive payments. The annual payments as determined shall be divided into 12 equal monthly installments an payable on the 15th day of each month during the term. B. For the period commencing January 1, 2015, and expiring on July 1,2015, the Port shall be entitled to a"capital contribution credit'in the sum of$7,289.50 applied against the monthly payments for that period in the amount of$1,215.00 per month. 3. Provided Eauiament and Facilities. The City shall provide the equipment and facilities for the Airport fire station and the provision of fire suppression, emergency medical, hazardous materials and rescue services as required under the Aircraft Rescue and Firefighting Services Operating Plan, attached as Exhibit A. The Port shall provide the equipment and facilities for the Airport fire station and the provision of aircraft rescue and firefighting services as required under the Aircraft Rescue and Firefighting Services Operating Plan, attached as Exhibit A. Pasco/Port Airport Interlocal Agreement Page 2 As a part of the Aircraft Rescue and Firefighting Services Operating Plan,each party shall maintain an inventory of all equipment owned by that parry having a value in excess of$5,000. Such equipment identified in the inventory shall remain the property of that party who shall assume full responsibility for its maintenance,repair, and replacement. 4. Fire Station Utility Costs. The Port shall provide water, sewer, natural gas, electricity and garbage to the fire station. The City shall reimburse the Port sixty percent (60%) of the sum expended by the Port for said utilities. All other utilities(e.g.telephone,cable)utilized by the City shall be at the City's sole expense. 5. Term of Agreement. This Agreement shall commence on the 1 st day of January, 2015, for a term of fifty(50) years terminating on December 31, 2065, unless earlier terminated as provided in Section 9 below. 6. Indemnification and Hold Harmless. The City agrees that it will protect, save, defend, and hold harmless and indemnify the Port,its employees, volunteers, officers and agents from any and all demand, claims, judgments, or liability for loss or damage arising from the negligent acts or omissions, or intentional damage for injury caused by a City employer, agent, volunteer or officer, except for losses or injuries occurring in whole or in part as a result of the negligence of the Port, its agents,officers,volunteers or employees. The Port agrees that it will protect,save,defend,and hold harmless and indemnify the City, its employees, volunteers, officers and agents from any and all demand, claims, judgments, or liability for loss or damage arising from the negligent acts or omissions,or intentional damage for injury caused by a Port employee,agent,volunteer or officer,except for losses or injuries occurring in whole or in part as a result of the negligence of the City, its agents, officers, volunteers or employees. Port shall name the City as an additional insured on its airport liability policy covering the service to be provided by the City to the Port upon the Airport property. Port shall famish the City proof of such an endorsement within 30 days of the date of this Agreement. In the event the policy of insurance providing such coverage is cancelled or amended substantially limiting the coverage available for the City as an additional insured under the Port's policy, the Port shall provide the City notice within 3 days of the receipt of notice by the Port of such cancellation or modification to the policy. Cancellation or modification of the policy as provided above, shall be cause for early termination of this Agreement by the City as provided in Section 9 below, however, such termination shall not occur prior to the effective date of the cancellation or modification of coverage as described above, and such early termination shall not in any event occur earlier than 90 days from the date of notice to the City of cancellation or modification to the policy. 7. Waiver of Subrogation. Port and City hereby mutually release each other from liability and waive all right of recovery against each other for any loss or damage to property from perils insured against under their respective property insurance contracts, including any extended coverage endorsements thereto;provided,that this Section 7 shall be inapplicable if it would have the effect,but only to the extent that it would have the effect of invalidating any insurance coverage of Port or City. Pasco/Port Airport Interlocal Agreement Page 3 8. Discrimination Unlawful. Neither parry shall discriminate against any employee or applicant for employment because of race, color,religion, sex or national origin. 9. Early Termination. In the event of default of the terms of this Agreement, either parry may cause the early termination of this Agreement for breach of this Agreement upon giving at least thirty (30) days' written notice of default. The notice shall set forth the cause for termination and the compliance period. In the event the default cannot be cured within thirty(30) days, the defaulting party shall be provided a reasonable time within which to cure the default. The Agreement shall be terminated at the end of the compliance period,if the cause for termination has not been cured. PROVIDED, and notwithstanding any other provision herein to the contrary, the City will immediately upon notification commence to cure any default which could result in the loss of the Port's FAA certification and shall complete correction as soon as possible thereafter. Either party may at any time cause this Agreement to terminate without cause upon at least two (2)years' advance written notice to the other party prior to the intended date of termination. 10. Maintenance and Repair of Airport Station. The City shall provide all maintenance and repair services reasonably necessary for the proper maintenance of the fire station facility. The Port shall reimburse the City forty percent(40%)of the annual sum expended by the City for said purposes; provided, however, each party shall pay one hundred percent (100%) of any repairs required as a result of negligent acts of its employees, agents, contractors or representatives. To minimize the cash flow burden on the Port, the Port shall provide the City with an invoice for"utilities"and"maintenance and repairs"on a monthly basis. The City shall pay to the Port sixty percent(60%)of the actual cost. 11. Equipment Maintenance and Testing. The City shall provide regular checks, maintenance and certification testing on aircraft rescue and firefighting equipment and apparatus in compliance with WAC 296-305-04507. The Port shall reimburse the City for the cost of all parts and supplies for all preventative maintenance, repair and testing work performed on equipment owned by the Port, and for the entire costs of any repair necessarily performed by a third party on said apparatus to maintain said equipment and apparatus in operational condition. 12. Training. The City shall provide the training necessary to meet the goals and objectives of aircraft rescue and firefighting services incident to fire suppression services at the Port's Airport. The Port shall cooperate and support these services by permitting and facilitating practice drills,planning exercises and airport familiarization. 13. Renegotiation. This Agreement or any section thereof may be renegotiated by the parties and any agreement as a result of such renegotiation shall be by written amendment to this Agreement and signed by the parties. 14. Interlocal Cooperation Act Provisions. All vehicles, equipment, inventory and any improvement thereon or fixtures purchased by the City, shall remain the sole property of the City. All vehicles, equipment, inventory and any improvements thereto and nonfixture Pasco/Port Airport Interlocal Agreement Page 4 improvements to the premises purchased by the Port, shall remain the sole property of the Port. All personnel utilized by the City in the fulfillment of this Agreement shall be solely within the supervision, direction and control of the City and shall not be construed as "loan servants" or employees of the Port. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. No independent special budget or funds are anticipated, nor shall be created without the prior written agreement of the parties. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement. A copy of this Agreement shall be filed with the Franklin County Auditor's office or posted on the City or Port's website as required by RCW 39.34.040. 15. General Provisions. For the purpose of this Agreement, time is of the essence. This Agreement is governed, construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the enforcement,breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement,the City Manager and Port Manager, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties,said dispute shall be resolved by arbitration pursuant to RCW 7.04A,as amended,with both parties waiving the right of a jury trial upon trial de novo,with venue placed in Pasco,Franklin County,Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Termination of Former Agreement. All prior Agreements between the parties for aircraft rescue and firefighting services to be provided at the Airport premises are hereby superseded upon the execution of this Agreement and terminated. 17. Responsibility for Actions of Agents,Employees,or Representatives.No agent, employee, servant or representative of the City shall be deemed to be an employee, agent,servant or representative of the Port for any purpose and vice versa. Each party shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors or otherwise during the performance of this Agreement except as may be set forth herein. Pasco/Port Airport Interlocal Agreement Page 5 DATED this day of , 2015. CITY OF PASCO: Matt Watkins, Mayor ATTEST APPROVED AS TO FORM Deputy City Clerk Leland Kerr, City Attorney ORAO CO ommission President STAPPRO S TO FORM qSeetary Dan F. Hult e Attorney for Port of Pasco Pasco/Port Airport Interlocal Agreement Page 6 STATE OF WASHINGTON ) : as. County of Franklin ) On this day personally appeared before me MATT WATKINS,Mayor of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of ,2015. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON ) ss. County of Franklin ) J On this day personally appeared before m vry\ D r of e Port of ai co, to be known to be the individual d be m d who executed the within and foregoing instrument, and acknowledged that he geed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2015. NOTAAY PUBLIC in and for the tate of Washington �tOBq�s�� Residing at: LC- �c My Commission pines: d-1 g Ys a \A03 p1350 .°^�o"JKW y " OF V-Ii\ ""°�1afa�aeaw� Pasco/Port Airport Interlocal Agreement Page 7 TRI-CITIES AIRPORT LIFE SAFETY OPERATING PLAN I. GENERAL The Port of Pasco,hereby referred to as the PORT is required to furnish ARFF services in accordance with the applicable sections of the Federal Aviation Administration (FAA) Part 139 and WAC 296.305. The Port contracts for these services with the City of Pasco as defined in the interlocal agreement dated The City of Pasco (City) hereby referred to as CITY agrees to provide Aircraft Rescue and Firefighting and other services in accordance with the interlocal agreement dated and pursuant to this Operating Agreement, and in compliance with Part 139 and WAC 296-305 and other relevant documents (NFPA, FAA,WAC etc.). H. PURPOSE A. To provide well-supervised, qualified, and professional aircraft rescue and firefighting(ARFF), structural fire suppression, emergency medical, technical rescue, hazardous materials,and incident management services at the Tri-Cities Airport. B. To provide aircraft rescue and firefighting services in accordance with FAA Part 139, WAC 296-305, and the applicable sections of NFPA 402, with consideration given to the procedures recommended in FAA Advisory Circulars, International Fire Service Training Association(IFSTA)and the National Fire Protection Association(NFPA). C. To maintain quality and responsiveness in the delivery of ARFF and other services. D. To identify and delineate the roles and responsibilities of the PORT and CITY in administration, management and implementation of the interlocal agreement and service delivery. III. MANAGEMENT AND ADMINISTRATION OF THE TRI-CITIES AIRPORT OPERATING PLAN The Director of the Tri-Cities Airport and the Fire Chief of the City of Pasco Fire Department mutually agree that services provided as listed above will be organized and provided as described in this plan. A. Management and Administration of ARFF Program 1. Standard practice provides for the designation of an airport Fire Chief. The CITY Fire Chief is designated as the airport Fire Chief and delegated the associated roles and responsibilities. The CITY Fire Chief will work under the direction of the Director of Airports. March 2015 Page 1 2. ARFF services to the airport will be managed by a qualified chief officer of the CITY Fire Department under the direction of the airport Fire Chief. This position will be referred to as the ARFF program manager. 3. Day today program implementation and shift supervision of CITY personnel will be provided by the on-duty shift Battalion Chief as designated by the Fire Chief. B. Inter-Aaencv Communications 1. Matters related to modification or interpretation of this agreement should be mutually decided between the Director of Airport and the Airport Fire Chief. 2. Matters related to the management of this agreement will be mutually decided between the Deputy Director of Airports and the ARFF Program Manager,who is designated by the Airport Fire Chief, 3. Matters related to the implementation of this agreement will be mutually decided between the on-duty Shift Battalion Chief or on-duty ARFF Officer and the Deputy Director Airports. 4. Emergent tactical decisions will be made by the on-duty incident commander. C. Automatic/Mutual Aid Agreements 1. The CITY and PORT will individually, maintain local automatic/mutual aid agreements/contracts with surrounding cities, Fire Districts and other Non-Profit Corporations (Tri-Cities Hazardous Materials Response Team) for response to major incidents. 2. Franklin County Emergency Management will maintain associated plans/agreements that will at a minimum, define policies, procedures, resources, and personnel information. D. Emergency/Disaster Planning 1. Emergency Planning is the responsibility of the PORT as required under FAA Regulation 139.201, Subpart C. The CITY as the provider of ARFF and other emergency services will assist the PORT in the emergency planning and related exercise development. E. Committee Representation 1. CITY representation on airport committees may be provided as requested by the PORT and will be determined by the Airport Fire Chief. 2. PORT representatives may be invited to participate in the testing process of the Fire Captain and Lieutenant positions at the CITY. 3. The Deputy Director of Airports may have input into the selection of the ARFF Program Manager. F. Maintenance of Records 1. The CITY will maintain current and past records and documentation of fire prevention, training, and operational activities as required by FAA regulations, CITY standard procedures, Fire Department standard operating guidelines, and PORT procedures for CITY employees. Such records will be made available for periodic inspection as required pursuant to public records legislation. March 2015 Page 2 2. The CITY will participate in the periodic inspection and evaluation of the airport and tenant facilities, equipment and operations by the FAA. 3. The CITY will maintain records of inspections, maintenance and repairs of PORT owned apparatus and equipment. 4. The PORT will maintain records of security and required specific training of CITY personnel. 5. The PORT will maintain records of training provided by the fire department to airport employees and vendors. G. Safety Inspections and Other Proerams 1. Fire Code Enforcement i. CITY is responsible and authorized to administer and enforce all building and life safety codes as adopted by the CITY for all property, businesses, and operations within the jurisdiction. Within the CITY inspections are done by staff of the Community and Economic development, inspection services department. Personnel assigned to ARFF will accompany the Building Services Department in code enforcement inspections of airport property and other occupancies located on airport property. 2. Fuel Storage.Handling. and Dispensing i. ARFF personnel will inspect all fuel storage, handling, and dispensing facilities as determined, or at least quarterly, for compliance with the Uniform Fire Code and FAA regulations. The CITY will work in cooperation with operators of airport fuel storage, handling and dispensing facilities to insure compliance. Fire prevention activities at the airport will be conducted according to the policies and procedure of the CITY under the direction of the airport Fire Chief. These activities will be scheduled with the Deputy Director of Airports. ii. CITY personnel will inspect all aircraft refueler vehicles as necessary and at least quarterly for compliance with the FAA and the Uniform Fire Code requirements. 3. Aircraft Refueler Training i. ARFF personnel may at the discretion of the Deputy Director of Airports, and the ARFF Program Manager, provide operating safety and fire prevention classes for aircraft refueler employees of Fixed Base Operators and Refueler Operators. The PORT is responsible for all costs,billing and records retention associated with these training classes. ii. The classes may be scheduled based upon the availability of resources and time commitments. 4. Airport Employee Safety Training i. ARFF personnel may at the discretion of the Deputy Director of Airports and the ARFF Program Manager, provide safety training including, CPR and Fire Extinguisher training classes to airport employees and air carrier or Fixed Based Operators. The PORT is responsible for all costs, billing and records retention associated with these training classes. ii. The classes may be scheduled based upon the availability of resources and time commitments. March 2015 Page 3 H. Apparatus and Equipment 1. ARFF Apparatus i. The PORT is responsible for providing the number and type of ARFF apparatus to be operated by CITY personnel required by FAR 139.317 for index classification. The apparatus provided will meet the requirements of the latest edition of NFPA 1901 and FAA Advisory Circular# 150/5220-10E and shall include a full complement of ARFF specific equipment,rescue tools, and fire suppression agents. Additionally, the PORT will provide one ARFF fire apparatus with at least 1,500 gallon water capacity as a reserve unit. ii. The CITY is not obligated to provide ARFF specialized apparatus, or other fire apparatus for use on or by the airport, except as specified in this agreement. iii. Additional ARFF vehicles and support vehicles may be provided for use on the airport by agreement of the Airport Director and the Airport Fire Chief. 2. ARFF Apparatus Maintenance i. In compliance with WAC 296-305-04507, the CITY will service, maintain, and repair ARFF apparatus and equipment. Regular apparatus and equipment preventive maintenance, repairs and testing will be completed by certified Emergency Vehicle Technicians or by authorized vendors under contract with the CITY. ii. The Director of Airports or Deputy Director Airport must provide written approval prior to any purchase or repair made directly by the CITY which exceeds$1000.00. 3. ARFF Apparatus Replacement i. The CITY and PORT will regularly review the serviceability and performance of airport ARFF apparatus during the annual budget development process. The Airport Fire Chief may, at his discretion, discontinue the use of an ARFF apparatus if in the opinion of the ARFF Program Manager, or designee, the vehicle does not meet safety or serviceability standards as defined by Pasco Fire Department Standard Operational Guideline #30-8.2.1 Out of Service Criteria for Apparatus, as attached and incorporated herein by as Exhibit Al 4. ARFF Fire Suppression Agents i. Fire suppression agents utilized at the Airport will meet the requirements of FAR Part 139.317 and NFPA 11. ii. ARFF fire suppression agents will be purchased through the PORT purchasing procedures. iii. The PORT will be responsible for maintaining vendor contracts for supply and testing. iv. The PORT will maintain appropriate quantities of each type of agent to satisfy FAA requirements,training,and emergency needs. v. Costs for annual foam testing as defined by NFPA 11, section 12.6 shall be home by the PORT. March 2015 Page 4 5. ARFF Personal Protective Eauinment(PPE) i. The PORT will be responsible for the supply and maintenance of a number of personnel protective firefighting ensembles equal to 15% of the CITY fire department line staffing or as agreed to by the Director Airports and the city Fire Chief. ii. Personal protective clothing and equipment will meet, or exceed NFPA standards at the time of purchase. iii. Personal protective ensembles shall include: coat,pants,boots,helmet, gloves, SCBA face piece, and flash-hood. iv. Personal protective equipment shall be maintained in accordance with WAC 296-305 and manufacturer's instructions. PORT will be responsible for costs of laundering and repair of designated PPE. CITY is responsible for routine inspection. v. CITY will be responsible to conduct a PPE hazard risk analysis as required by WAC 296-305 for hazards encountered under this operating plan. 6. Fuel i. PORT will provide all fuel for ARFF equipment and apparatus. 7. Firefighting Equipment i. Fire Hose a. The PORT will provide sufficient amounts of fire hose to meet the NFPA 1901 and FAR 139.317 compliment for each "in-service" ARFF apparatus. b. The PORT will provide a reserve hose inventory that is equal to the full complement of one ARFF apparatus. c. The CITY will test all hose annually and maintain records of such testing (see above). ii. Fire Service Ladders a. The PORT will provide enough fire service ladders to meet the NFPA 1901 and FAR 139.317 compliment for each"in-service"apparatus. b. The CITY will test all fire service ladders annually and maintain records of such testing(see above). iii. Specialized Rescue Equipment a. The port will provide specialized rescue equipment for ARFF operations as defined and or required by the FAA Circular 150/5210-14B and NFPA. 8. Self-Contained Breathing Apparatus(SCBA) SCBA assembly includes: bottle, harness, pack frame, primary and secondary regulators,hoses and facepiece assembly. i. The PORT will maintain an inventory of six SCBA's and six spare SCBA bottles that are compatible with those of the Pasco Fire Department and meeting FAA Circular 150/5210-14B. ii. The PORT will pay a proportional fee [annual Southeastern Washington Air Group (SEWAG) assessment to the City of Pasco Fire Department divided by the total number of SCBA contracted multiplied by 6 (to get the cost per SCBA)] to the CTfY for the annual maintenance and testing of the SCBA. iii. The CITY will perform routine inspections and maintenance of the SCBA. March 2015 Page 5 9. Fixed Asset Eauinment i. A list of PORT provided fixed asset equipment with a value exceeding$5,000 is provided in Exhibit A2 as attached and incorporated herein by as Exhibit A2 and may be modified as equipment is purchased or excessed. ii. Equipment will be excessed by mutual agreement of the Director of Airports and the Airport Fire Chief. iii. The cost for replacement of aged or end of service life equipment/appliances (not related directly to the ARFF program) shall be borne at a percentage of 60% CITY and 40% PORT. The cost of replacement for damaged equipment shall be determined by the Director of Airports and the Airport Fire Chief. 10. Consumable Facility Sunnlies i. The CITY will provide all consumable facility supplies utilized at the fire station. Consumable facility supplies are defined as non-controlled expendable items and housekeeping supplies and equipment. The PORT shall reimburse the city for 40%of the cost of expendable supplies. IV. COMMUNICATIONS A. Fire Communications and Alarm Systems 1. CITY will provide for the installation, maintenance, replacement, and upgrading of all alarm, radio, computers, network devices, and communications equipment necessary for CITY fire agency resource communications including; dispatch computers, mobile and portable radios, mobile data terminals and pagers in CITY owned apparatus. The cost of any equipment and the cost of installation and maintenance for such equipment in PORT owned apparatus or fire stations will be paid by the PORT. 2. The CITY and PORT will jointly agree on communications vendors and maintenance technicians in order to assure continuity of communications systems. B. Airport Specific Communications and Alarm Systems 1. PORT will provide for the installation, maintenance, replacement, and upgrading of all station alarm, radio, and equipment necessary for communications with the Air Traffic Control Tower(ATCT), aircraft, and airport Administration. 2. PORT shall provide such communications equipment as required by the CITY for CITY locations and units used regularly in command or support of ARFF operations at the airport, including but not limited to, Communications Center, command vehicles, and typical first alarm assignment vehicles. PORT may, at its discretion, provide such communications equipment as requested by CITY for other locations and units providing support to ARFF operations. 3. Use of airport administrative, aircraft, DEF (Discreet Emergency Frequency), and ATCT frequencies by CITY must be approved by the airport Fire Chief, Director Airports, or designee, and by the FAA as required by regulation. March 2015 Page 6 C. Airport,City and FAA Radio Procedures 1. CITY, PORT and FAA will establish written operational procedures for routine and emergent radio use. All emergency radio communications will be conducted according to the procedures developed, and in accordance with relevant regulations. 2. FAA Letter of Agreement, as attached and incorporated herein by as Exhibit A3. V. TRAINING PROGRAMS A. Minimum Oualifications 1. CITY Personnel assigned to ARFF duty at the airport will meet the minimum qualifications as determined by the Airport Fire Chief in accordance with WAC 296-305 and NFPA 1003. These qualifications will include: i. IFSAC Firefighter 1 ii. IFSAC Hazardous Materials Operations iii. Washington State Department of Health EMT-B iv. NFPA 1006 Vehicle and Machinery Rescue—Operations v. ARFF Certification vi. Emergency Vehicle Incident Prevention Certification vii. NWCG Firefighter 2 viii. SIDA ix. Airport Movement Endorsement x. NFPA 1006 High and Low Angle Rope Rescue Awareness xi. NFPA 1006 Trench Rescue Awareness xii. NFPA 1006 Confined Space Awareness B. ARFF Certification(Initial) 1. All CITY personnel in ARFF assignments will meet the minimum training and certification standards of CITY, WAC 296-305-05013, NFPA 402, NFPA 1003 and FAR 139.319. 2. Initial ARFF certification training shall be conducted by a third party agreed upon by the ARFF program manager and the Deputy Director of Airports. The training shall be accredited. 3. The training shall be commensurate with nationally recognized industry standards and identified local needs. 4. PORT will pay for all costs associated with initial ARFF Certification training for a number of individuals as agreed between the Airport Director and the city Fire Chief. C. Continuing Education/Trainina 1. PORT will provide the annual live fire re-certification for 25% of the CITY line firefighting personnel. 2. CITY will provide all continuing education required training (except Live Fire Drill)that is required by the authority having jurisdiction. 3. Training will be commensurate with recognized local, regional and national standards and/or best practices. March 2015 Page 7 4. CITY will pay for costs of training materials, props, and other associated fees for continuing education training/certifications(except Live Fire Drill). 5. CITY will maintain records of all such training. Records may be reviewed by Deputy Director of Airports upon request. 6. PORT will provide such specialized training as SIDA, Airport Movement Area Endorsement, etc. as required by PORT. Training will be pre-scheduled with the CITY ARFF Program Manager. D. Additional Non-Industry Specific Federal and State Mandated Training 1. In accordance with WAC 296-305-05502 table 2, and City of Pasco Administrative Orders the CITY shall provide additional Federal and State mandated applicable non-industry specific training to personnel assigned to ARFF duty. 2. The PORT will provide training programs that meet the specific identified needs of the PORT. Such training may include, but is not limited to Port of Pasco Policies and Procedures, etc. E. Training Costs 1. Unanticipated costs for specialized ARFF training or PORT mandated training shall be borne by the PORT. Unanticipated costs may include manpower costs (including overtime), increases in tuition fees,travel costs, etc. 2. Training costs for classes/courses not identified shall be negotiated between the Airport Fire Chief and the Director of Airport. VI. RESPONSE TO EMERGENCIES AT THE AIRPORT A. CITY will provide in addition to ARFF specific resources described in this agreement, additional fire, medical, rescue, support, hazardous materials and incident management resources to emergent situations at the airport in accordance with WAC 296-305, NFPA 402, FAR part 139.319 and City of Pasco Standard Operating Guidelines. CITY will determine the amount and type of resources required for each situation based upon incident type and complexity needs. However, in no case will an ARFF response be less than that identified in NFPA 402. 1. Fire Suppression i. The CITY will provide well-qualified and well-trained personnel for response to and suppression of fire emergencies that occur at the Tri-Cities Airport. Such responses may include aircraft, structural, wildland, vehicle and/or other property. ii. Responses shall be made in accordance with City of Pasco Fire Department Standard Operating Guidelines under the direction of the Airport Fire Chief or his designee. 2. Medical Emergency i. The CITY will provide well-qualified and well-trained basic and advanced life support personnel for response to medical emergencies that occur at the Tri- Cities Airport. March 2015 Page 8 ii. Responses shall be made in accordance with City of Pasco Fire Department Standard Operating Guidelines under the direction of the Airport Fire Chief or his designee. 3. Technical Rescue i. The CITY will provide well-qualified and well-trained personnel for response to technical rescue emergencies that occur at the Tri-Cities Airport. Such responses may include confined space, trench, vehicle and machinery, structural collapse, and high and low angle rope rescue. ii. Responses shall be made in accordance with City of Pasco Fire Department Standard Operating Guidelines under the direction of the Airport Fire Chief or his designee. 4. Incident Sutmort i. The CITY will provide well-qualified and well-trained personnel for incident support response to emergencies that occur at the Tri-Cities Airport. Such incident support functions may include logistics, planning, finance and operations. AIRPORT will be responsible for all extraordinary actual costs, utilizing the most current contract service fee formula. ii. Responses shall be made in accordance with City of Pasco Fire Department Standard Operating Guidelines under the direction of the Airport Fire Chief or his designee. 5. Hazardous Materials i. The CITY will provide well-qualified and well-trained personnel for all reported hazardous materials spills on airport. ARFF personnel will take necessary actions to control or mitigate the hazard and standby for responsible party cleanup. PORT will be responsible for all actual costs, utilizing the most current contract service fee formula, if a spiller is not identified and provides reimbursement. ii. Responses shall be made in accordance with City of Pasco Fire Department Standard Operating Guidelines under the direction of the Airport Fire Chief or his designee. 6. Incident Management i. The CITY will provide well-qualified and well-trained personnel to fill incident management positions meeting the requirements of the National Incident Management System (NIMS) as required by WAC 296.305 and the FAA for all emergent incidents on the airport. Responses shall be made in accordance with City of Pasco Fire Department Standard Operating Guidelines under the direction of the Airport Fire Chief or his designee. VII. AIRPORT STATION STAFFING LEVELS A. ARFF Minimum Staffing 1. CITY will provide ARFF qualified personnel who will operate out of Fire Station 82 in accordance with the shift staffing level as defined by the Airport Fire Chief. CITY will ensure that the staffing required is maintained at all times, except as otherwise may be periodically necessary (due to unforeseen emergencies). Any temporary reduction in normal staffing that affects the certification requirements March 2015 Page 9 as defined by FAR 139.319 requires immediate notification of the Deputy Director of Airports and the Airport Fire Chief. Full staffing as defined by FAR 139.319 will be reinstated as quickly as possible. 2. The Airport Fire Chief(with concurrence of the Deputy Director of Airports)will determine specific staffing levels for individual ARFF units pursuant to FAR 139.319,WAC 296-305 and NFPA 402. B. Regular Daily Staffing 1. The following table defines the regular daily staffing levels of CITY personnel to Fire Station 82: Em lo.ee:Classdkation Minimum Skills Qualification ICTS,EMT,IFSAC FFl,ARFF,HMOps,VMOps,CSOps, Station Commander TrOps,NWCGFF3 ICT5,EMT,IFSAC FFI,ARFF,HMOps,VMOPS,CSOPS, Station Lieutenant TrOps,NWCGFF3 Paramedic EMF-P,HMOps,VMOps,CSOPs,TrOps,NWCG FFII Firefighter EMT,HMOps,VMO C ps,TrOps,NWCGFFII Firefighter EMT,HMO ,VMCR!,CSOos,TrOos,NWCGFFII Firefighter EMT,HMOps,VMOps,CSOps,TrOps,NWCG FFII *Note-Staffing and$kill sets maybe increased due to shift staffing levels ICT5=Incident Command Qualification Type 5 Incident EMT=WA.State Emergency Medical Technician EMT-P=WA.State EMergenCV MediulTechnidan-Paramedic IFSAC FF1=International Fire Service Accreditation Committee Fireflghter 1 VMOps=NFPA 1006Quallfications in Vehicle and Machlenery Rescue Operations HMOps=NFPA 472 Qualifications In Hazardous Materials Operations CSOps=NFPA 1006 Qualifications in Confined Space Rescue-Operations Tr0 =NFPA 1006 Qualifications in Trench Rescue-Operations NWCGFFII=Natlonal Wildland Coordinating Group Qualification Firefighter 2 C. ARFF Oualified Relief 1. In order to provide sufficient personnel to maintain staffing levels in accordance with FAR Part 139.319 and NFPA 403, PORT and CITY will jointly determine the number of additional CITY personnel that will be trained and certified to perform ARFF functions. D. Extraordinary Operations 1. CITY and PORT agree to cooperate in providing additional ARFF personnel to staff relief apparatus during times of extraordinary airport operations. Extraordinary operations may include, but are not limited to temporary increases in airport index, increased security alerts, and others as defined by NFPA 402. An increase in ARFF staffing must be approved by the Airport Fire Chief and Deputy Airport Director or their designees. PORT will pay for manpower costs of extraordinary operations. March 2015 Page 10 VIII. INCIDENT COMMAND A. The CITY utilizes the National Incident Management System (NIMS) as required by HSPD#5, WAC 296-305, and NFPA 1561, for incident management. The on-scene CITY incident commander will have authority and control over an incident until such time as the incident scene is stabilized and declared safe. The CITY Incident Commander will establish contact and work in collaboration with the airport authorities and other appropriate responders during incident operations. B. The PORT will provide appropriately trained agency representation to the incident command post. C. The PORT will provide or approve a Public Information Officer who will serve as the lead media contact for any evolving incident on the airport, and/or any aviation incidents that require ARFF response. IX. AIRCRAFT REMOVAL/WRECKAGE PRESERVATION A. CITY personnel will take reasonable precautions to preserve aircraft wreckage for post incident investigation. B. PORT will be responsible for security and removal of aircraft wreckage. The CITY will assist the PORT as needed and capable. X. AMENDMENT It is the intent of the parties, as regulations, standards, operating procedures and laws, the parties may amend this Operating Plan and such amendments shall be effective upon written approval of the Director of the Tri-City Airport and the Fire Chief of the City of Pasco Fire Department, or their designees, and its incorporation as part of this Operating Plan. M. DISPUTE RESOLUTION In the event of a dispute in regards to the amendment, interpretation, or performance of this Operating Agreement, such dispute shall be resolved pursuant to Section 15 of the Interlocal Cooperation Agreement Between the City of Pasco and the Port of Pasco for Aircraft Rescue and Firefighting Services entered into on the day of 2015, and as may thereafter be amended. March 2015 Page 11 Exhibit Al F� OePs ,t City of Pasco Fire Department STANDARD OPERATING GUIDELINES Subject: Out of Service Criteria for Apparatus Number: 30-8.2.1 Date Issued: August 5, 2010 Revised Date: May 27,2011 Approved by: Date: PURPOSE To provide guidance to fire department personnel in placing apparatus out of service. This ensures that fire apparatus and motorized vehicles are safe to operate by identifying a list of major defects that render an apparatus unsafe to operate SCOPE This guideline is applicable to all line personnel in the Pasco Fire Department OBJECTIVE STATEMENT This guideline is established to provide a foundational basis for determining whether a mechanical deficiency of an apparatus merits an immediate withdraw from service, or whether the unit can be placed into a scheduled maintenance rotation. RESPONSIBILITIES The Fire Chief and/or representative is responsible for: ■ Ascertaining by observation and/or other means that this guideline is being followed. ■ hnmediately correcting any deficiency that may occur. The Shift Commander and/or representative is responsible for: ■ Ascertaining by observation and/or other means,that this guideline is being followed. Company Officers are responsible for: ■ Ensuring that all fire personnel are familiar and compliant with this SOG. March 2015 Page 12 Exhibit Al GUIDELINES INSTRUCTIONS FOR DECLARING APPARATUS OUT OF SERVICE A. The operator of any apparatus or motorized vehicle shall have the authority to place an apparatus or vehicle out of service whenever one or more of the following defects are discovered upon inspection of a vehicle. 1. A failure of the braking system that results in the vehicle being difficult or impossible to stop safely, including any major air system leaks. 2. A failure of the windshield wipers during inclement weather. (Failure of wipers on a sunny day would not justify placing an apparatus out of service.) 3. A failure of the headlights or tail-lights during a period of darkness or inclement weather. 4. A failure of the brake lights at any time. 5. One or more flat tires. 6. Tires with cords showing,major bulges or irregularities 7. The inability to engage or operate the fire pump. 8. A failure of the hydraulic system or other component that prevents the operation of the aerial device. 9. Any significant oil leak. 10. A failure of the power steering system. 11. Failure of the coolant system that causes leakage or the engine to overheat. 12. Battery, alternator, or electrical system failure that prevents the vehicle from being started, or results in the discharge of the electrical system. 13. Any loss of a fan belt. 14. Failure of the mobile two-way radio if a portable is not available to replace the mobile radio. 15. Any defect that if not immediately corrected would cause further damage to the apparatus or vehicle, or would endanger the lives of the general public and/or the personnel assigned to the vehicle. B. When an apparatus is placed out of service for any reason the Station Officer and the Shift Commander shall be immediately notified by the best available method. An apparatus and equipment discrepancy report will be completed and faxed to the Department headquarters as soon as possible. Dispatch will be notified. A sign will be placed on the apparatus or vehicle and the on-coming station/shift officer notified in the morning turn-over briefing. C. In the event that a vehicle needs immediate attention (catastrophic failure, towing, etc.), the Shift Commander shall be notified by the most expedient means available. The Shift Commander shall immediately notify City Shops (545-3463 during business hours and 531- 9919 after business hours) for instructions. The Shift Commander should provide a brief description of the symptoms or any causal evidence leading to the event to the City Shops. March 2015 Page 13 Exhibit A3 INVENTORY This is an inventory of Port and City owned equipment at station 82 with a value exceeding $5,000. 1. 2. 3. 4. S. This will be completed and updated annually. March 2015 Page 14 Exhibit A3 Tri Cities Airport Traffic Control Tower,Port of Pasco,and Port of Pasco Aircraft Rescue and Fire Fighting LETTER OF AGREEMENT Effective:March I,2015 SUBJECT:Aircraft Rescue and Firefighting Communications-Operating Procedures 1. PURPOSE:This agreement establishes operating procedures for direct radio communication between the Port of Pasco Aircraft Rescue and Fire Fighting Incident Commander(ARFF IC), an aircraft flight crew,and the Tri Cities Airport Traffic Control Tower(PSC ATCT). 2. SCOPE:The procedures outlined herein describe the authorization,limitations and use of a Discrete Emergency Frequency(DEF)by air crews,ARFF IC and PSC ATCT during an aircraft emergency. This Letter of Agreement(LOA)is used in conjunction with,and is subordinate to, the Tri Cities ATCT,Pasco Fire Department,Franklin County Emergency Dispatch,and Port of Pasco LOA,Subject:Airport Emergency Service. 3. RESPONSIBILITIES: Each party to this agreement must ensure compliance with the provisions contained herein by personnel under their authority.Initial and recurrent training of involved personnel is also the responsibility of each signatory agency. 4. DEFINITIONS: The following definition applies to procedures outlined below: a. Discrete Emergency Frequency(DEF): A DEF is a frequency designated for direct communications between the ARFF IC,flight crew,and Air Traffic Control during an aircraft emergency. b. ARFF IC:The Port of Pasco Fire Department official responsible for communications with Airport Traffic Control and flight crew within the context of this letter of agreement,as designated by Port of Pasco internal procedures. c. Emergency Aircraft Identification(ACID):The authorized identification of the aircraft experiencing difficulty to which ARFF response has been initiated.Communications to the flight crew of the involved aircraft should normally start with the aircraft identification,i.e., airline company name and flight number,civil registration number,military call sign,etc. 5. PROCEDURES: a. The Port of Pasco: (1) Must comply with the communications requirements outlined in IAA,Subject: Airport Emergency Service,using the appropriate control frequency and remaining on such frequency until directed by PSC ATCT to change to the DEF. (2)The ARFF IC must utilize the call sign"Airport Command." March 2015 Page 15 Exhibit A3 Tri Cities Airport Traffic Control Tower,Port of Pasco,and Port of Pasco Aircraft Rescue and Fire Fighting (3)When directed to change frequencies by PSC ATCT,the ARFF IC will utilize the DEF for emergency communications with the flight crew,PSC ATCT and initial response units. Note:PSCATCTpersonnel will use the phraseology: "Airport Command, (ACID) is on(frequency)." (4)The ARFF IC may request permission from PSC ATCT to establish direct communications with the flight crew of the emergency aircraft.The ARFF IC must be assigned to the DEF and receive direct authorization for its use from PSC ATCT prior to transmitting on the frequency. (5)At no time during direct communication with the emergency aircraft shall the ARFF IC make issue with an ATC instruction or clearance.Communication protocol on the DEF must be maintained in accordance with Federal Aviation Administration Advisory Circular 150/5210-7C. (6)The ARFF IC must notify the PSC ATCT when the status of the emergency allows the release of the DEF. b. PSC ATCT: (1)Once an emergency response has been initiated,the PSC ATCT Watch Supervisor may authorize use of a DEF. (2)When appropriate,PSC ATCT must: (a)Advise the ARFF IC and flight crew to change to the assigned DEF. Phraseology: "Airport Command.(ACID)is on 135.3." "(ACID),Airport Command is on 135.3 with transmit and receive capability." (b) Authorize the ARFF IC to communicate directly with the flight crew of the emergency aircraft. (c) Utilize the DEF to issue control instructions and information to the emergency aircraft flight crew and ARFF response vehicles. (3)Airmft/vehicles previously assigned to the DEF,but not involved in the emergency, should normally be assigned another frequency when practical. The ATIS recording must be updated to provide instruction for use of another frequency. March 2015 Page 16 Exhibit A3 Tri Cities Airport Traffic Control Tower,Port of Pasco,and Port of Pasco Aircraft Rescue and Fire Fighting (4)When notified by the ARFF IC that the status of the emergency allows the release of the DEF,(PHRASEOLOGY. "Situation Stabilized")PSC ATCT must direct the emergency aircraft and all responding vehicles to return to the appropriate ground control or alternate frequency. 6. CANCELLATION: This tier of Agreement maybe cancelled by either party at any time. ---A, ,ID Air Traffic 4 tag ,r .Proctor,Tri-Cities ATCT Fire Chief,Bob Gear,Pasco Fire Department SAirpLI— a ,Lq- /S- Airport ort Manager,Ron Finaker,Tri-Cities Airport March 2015 Page 17 AGENDA REPORT NO. 16 FOR: City Council March 23, 2015 TO: Dave Zabell, City Manager Ahmad Qayoumi, Public Wor s Director FROM: Kent McCue, Construction Manager 00 Regular Mtg.: 4/20/15 SUBJECT: Accept 2014 Sewer Line Repairs, Project#M7-SE-2R-14-01 I. REFERENCE(S): 1. 2014 Sewer Line Repairs—Vicinity Map 2. 2014 Sewer Line Repairs—Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 04/20: MOTION: I move to approve Resolution No. 3 a accepting the work performed by Accelerated Construction & Excavating, LLC under contract for the 2014 Sewer Line Repairs Project. III. FISCAL IMPACT: Sewer Rates IV. HISTORY AND FACTS BRIEF: A) On October 6, 2014, Council awarded the 2014 Sewer Line Repairs project to Accelerated Construction&Excavating, LLC for$28,507.50. V. DISCUSSION: A) The project involved the replacement of deteriorated sewer main and removal of an existing manhole,rehabilitation of an existing manhole with appurtenances and surface restoration. B) The final project construction contract totaled $38,998.26, an overage of $10,490.76 (approximately 27%). The existing sewer main was found to be routed differently than what was depicted in the City's record drawings. Therefore, there was the need for a trench wider than anticipated, which impacted the asphalt patch. C) The work is now complete and meets project specifications. Staff recommends City Council acceptance of this work. 3(g) GG Ln �- W E~ wd � a � w Sit V h W � O OpILR0 H. / N v]w o � / NO q ww / 9£ffvou 7Mti 2 G — TI ' bb Qb'O?1 f RESOLUTION NO. aO3D, A RESOLUTION ACCEPTING WORK PERFORMED BY ACCELERATED CONSTRUCTION & EXCAVATING, LLC UNDER CONTRACT FOR THE 2014 SEWER LINE REPAIRS PROJECT. WHEREAS,the work performed by Accelerated Construction& Excavating, LLC under contract for the 2014 Sewer Line Repairs project has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering's recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,that the City Council concurs with Engineering's recommendation and thereby accepts the work performed by Accelerated Construction & Excavation, LLC, under contract for the 2014 Sewer Line Repairs project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager.. PASSED by the City Council of the City of Pasco this 20th day of April,2015. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT FOR: City Council April 13, 2015 TO: Dave Zabell, City Manager lDl Regular Mtg.: 4/20/15 Rick White, Community&Economic Development Director FROM: David I. McDonald, City Planner �-- SUBJECT: STREET VACATION(.MF#VAC 2015-007)Portion of East Hillsboro Rd. I. REFERENCE(S): 1. Street Vacation, Portion of East Hillsboro Road - Overview Map 2. Street Vacation, Portion of East Hillsboro Road -Vicinity Map 3. Street Vacation, Portion of East Hillsboro Road - Proposed Resolution 4. Street Vacation,Portion of East Hillsboro Road -Vacation Petition H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/20: MOTION: I move to approve Resolution No.3�p setting 7:00 P.M., Monday, May 18, 2015, as the time and date to conduct a public hearing to consider vacating a portion of East Hillsboro Road west of Highway 395. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owner of the parcel at the southeast corner of East Hillsboro Road and Travel Plaza Way has petitioned for the vacation of that portion of East Hillsboro Road located to the east of Travel Plaza Way. The vacation is being requested to facilitate the development of an implement dealership on the property B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing,which provides the statutory 20-day hearing notice,is May 18, 2015. 3(h) I;NG AUE— T , w m E #, -- VJ Avp'"$ 3/ld31N1�- « Al �NrO�Sdr r9 Y L'yY iGT ✓ .�^ Y �^ k � r. 0 cn R co 1.4 RESOLUTION NO. �� A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER VACATING A PORTION OF EAST HILLSBORO ROAD. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution,NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating East Hillsboro Road between Travel Plaza Way and SR 395, will be held before the City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on May 18, 2015. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 20th day of April, 2015. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney 1 i" i c� cn •�" vii 0 Poo o W m J J FEE $200 CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # V AEMC-067 DATE SUBMITTED: Oi I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: A" O F q 1 I LS II m p STi2:-eT 14M.1 346 &L ?Z_A?A wlA ' APPLICANT: PROPERTY OWNED (Legal Description) Print Name: ' _ie_ 7cdr ndr qv, o',- 1�1A. 411skAk, 4.f" Sign Nam R' �w4 395 46 _tMue-1 f- SZ6 1Jah, Address: 5 e_1 w9 V7 7 Phone # n9-"{# S_zzz Date X131 jj_s Print Name: Sign Name: Date Print Name: Sign Name: Date AGENDA REPORT FOR: City Council April 14, 2015 TO: Dave Zabell, City Manager Regular Mtg.: 4/20/15 Rick White, Community&Economic Development Director FROM: Dave McDonald, City Plam SUBJECT: Annexation: Road 80 Area Zoning(MF#ZD2015-001) I. REFERENCE(S): 1. Annexation,Road 80 Area Zoning- Overview Map 2. Annexation,Road 80 Area Zoning-Report to Planning Commission 3. Annexation, Road 80 Area Zoning—Response to Committee dated 4/3/15 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: 4/20/15: No action is needed at this time. The hearing can simply be closed. A second hearing will be held on June 1" III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. In January of this year the Council approved the formation of an "Annexation Facts Committee" to review information related to the possible annexation of all unincorporated properties west of Road 80. The committee held its last meeting on April 7,2015. B. In addition to processing the necessary petition forms (Notice of Intent and 60% Petition) to effectuate an annexation the City must consider zoning in advance of the adoption of an annexation ordinance. Typically the zoning review process for annexations coincides with the submittal of a Notice of Intent. Council will authorize the City Manager to sign the Notice of Intent on April 20. C. The Planning Commission held a zoning determination hearing on April 16th. Typically the Planning Commission holds one hearing and the Council considers their recommendation during the annexation hearing. D. Individuals within the annexation area have requested that the determination for zoning be established in advance of the Council's consideration on the annexation. To accommodate that request staff has consulted with the City Attorney and formulated a process that resembles "pre-zoning" a potential annexation area in accord with State law. Reconciling that process with our own municipal code will necessitate two zoning hearings before the Council in addition to the Planning Commission hearing. The Council hearings have been scheduled for April 20a'and June I". V. DISCUSSION: A. The attached report to the Planning Commission provides background and related information necessary to arrive at a decision on zoning for the proposed Road 80 annexation area. 7(a) B. The Comprehensive Plan designates the annexation area for low-density residential development with the exception of the school sites. Following the direction of the Comprehensive Plan ninety-seven percent of the annexation area has been zoned RS- 20 by Franklin County. The remaining three percent is zoned RT. Most of the lots in the area meet or exceed the lot size requirements for RS-20 zoning. C. Based on the Comprehensive Plan no multi-family, commercial or industrial zoning can be considered for the area. Council's options for zoning in this case are limited to the low-density districts of RS-20, RS-12, RS-1, R-1 and R-1-A. Of the options available the RS-20 zone most closely aligns with the existing zoning, existing land uses and development patterns for the area. Based on those facts and the information in the attached report the recommendation is for RS-20 zoning. D. Several individuals requesting the zoning determination in advance of the hearing on the annexation have also requested the RS-20 zoning with numerous "freezes" or exemptions to various City regulations. Council has previously received outlining this request along with City responses and information developed by the Annexation Facts Committee. t � S �iw e.'. �i�. Ess. Volt-04ar CIE '.� wc' x� � •;'1;i a ^ t/rM FCN M 9 `RIT" p r wt77 • e.^� .r 11 mum • �� .�TIr+ Villa _h-' 6q 11 An ■W. o T .►f9af'Y i5a� . 4,, Ar,F'77 C" ��x}•xa ab '.,� S�`, SE'ji— aq � •� k : x . �'.�/ ���8� .�gypp �' ti@gF� ' • rhe► Y � g dp s �Xv f x / � 4 iM•I bf �5 � N l'"t p) i fy x REPORT TO PLANNING COMMISSIONER MASTER FILE NO: (MF# ZD2015-001) APPLICANT: City of Pasco ACTION DATE: 4/16/2015 PO Box 293 Pasco, WA 99301 BACKGROUND REQUEST: Develop zoning recommendation for the Road 80 Annexation Area. 1) AREA ID: Area Size # of Dwellings Population Rd 80 Annexation Area 688 acres 437 1,224 2) UTILITIES: City water lines are located in most streets throughout the proposed annexation area. City gravity sewer mains are found in Road 100 and Court Street bordering the proposed annexation area. There are also gravity mains in Road 84 north of Argent Road and in Argent for a distance of 401 feet east of Road 84. These lines connect to a small lift station in the southwest corner of the Chiawana High property. 3) LAND USE AND ZONING: The proposed annexation area is currently zoned R-S-20, R-T under the County zoning regulations. About 97 percent of the area is zoned R-S-20 and 3 percent (23 acres) is zoned RT. 4) COMPREHENSIVE PLAN: The Comprehensive Plan designates the proposed annexation area for low density residential development the exception being the two school sites, McLoughlin and Livingston, which are identified as public or quasi-public. There is no corresponding zoning attached to the public designation so the two school sites are zoned RS-20. 5) ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) has been issued for this project under WAC 197-11-158. ANALYSIS On January 20, 2015 the City Council approved the formation of an "Annexation Facts Committee" to review the facts related to the possible annexation of approximately 688 acres of unincorporated lands located west of Road 80. The proposed annexation area is part of the unincorporated West Pasco "donut hole". This area is developed with over 400 dwellings units, two schools, a large church, a major electrical substation, a seminary building and a veterinarian clinic. The area also contains or has contained a number of home based businesses including a paving company, a well driller and an excavator. Only about 116 acres or seventeen percent of the 1 proposed annexation area remains undeveloped. Of the 116 acres only about 76 acres are totally unencumbered without dwelling units. The other 40 acres consists of large parcels that have a dwelling and accessory buildings located somewhere on the parcels. These lots are large enough to be further divided for additional building lots. As part of the annexation process to the Planning Commission needs to hold a zoning determination hearing. The purpose of said hearing is for the Planning Commission to recommend appropriate zoning for the proposed annexation area in the event it may become part of the City. In .determining the most appropriate zoning for the annexation area the Planning Commission needs to consider the existing land uses, development patterns, current County zoning, policies of the Comprehensive Plan and the land use designations of the land use map. The Planning Commission also needs to be guided by the criteria in PMC 25.88.060 (as discussed below) in developing a zoning recommendation. Approximately 97 percent of the proposed annexation area is currently zoned RS-20 and developed in a low-density suburban fashion. Three percent of the area is zoned RT. The RS-20 regulations are essentially the same in the City and the County, however, the RT regulations are a little different. The County code permits commercial stables, riding academies, Farriers, veterinary clinic, nurseries and greenhouses in RT zones and the City code only permits single-family dwellings. The Comprehensive Plan designates the annexation area for low-density residential development except for the school sites. The school sites are indicated as public and quasi-public land use areas. There is no specific zoning district that corresponds to the public and quasi-public designations. Schools and other public uses are not limited by zoning districts but, require review through the Special Permit process regardless of zoning district. The low density areas identify lands that should be zoned for only low density development. The Comprehensive Plan describes low-density development as residential development with two to five units per acre. Zoning districts applicable to the low-density designation include RS-20, RS-12, RS-1, R-1 and R-1-A. Zoning must be consistent with the Comprehensive Plan which limits the range of districts to the ones previously listed. No commercial of industrial zoning can be considered. Most of the residential lots within the annexation area meet or exceed the lot size requirements for RS-20 zoning. There are only a few lots (20) located directly west of Livingston Elementary School that are less than 20,000 square feet in size. Due to the existing development patterns and the lack of sewer service it appears RS-20 zoning would be the most appropriate designation. This will enable residential development to occur on all lands in the annexation area, including the currently zoned RT areas, at the same densities as generally existing in the annexation area today. 2 The veterinarian clinic at 3012 Road 92 is currently zoned RT in the County would become a non-conforming use under the City's RS-20 or RT zones. As a non-conforming use the clinic can continue to be operated as it does today. The non-conforming status does not expire if the clinic is sold to another veterinarian. A few individuals on the Annexation Facts Committee are concerned that the recommended RS-20 zoning may lead to higher density residential zoning once their neighborhood is annexed. For a majority (572 acres of the 688) of the annexation area zoning will not alter the development patterns or increase the density. The 116 acres of the annexation area that could be developed is currently constrained by the lack of sewer service and will be for a number of years. Without sewer service residential lots will not be developed with less than about 22,000 square feet for many years. Those concerned about residential densities have asked that the RS-20 zoning designation by applied to the annexation area for a period of 20 years without the possibility of having it changed to another low-density zoning district. In responding to the request the City Attorney has advised the 20 year period is excessive and difficult to justify. His recommendation is for a more defensible 5 year period. The initial review criteria for considering a rezone application are explained in PMC 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: • The property is located within the Pasco Urban Growth Boundary. • The property in question may be annexed to the City of Pasco. • The major change is the annexation of the parcels in question. Upon annexation the area will need to be zoned. • Much of the annexation area is now developed. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. The property may be annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without a zoning. For the advancement of the general welfare of the community the property needs to be zoned consistent with the established development patterns. 3. The effect rezoning will have on the nature and value of adjoining property and the Comprehensive Plan. 3 Zoning the proposed annexation area to generally reflect the current County zoning will maintain the current nature and value of the neighborhood and surrounding areas. Past annexation rezones have not negatively altered the value of adjoining properties in the City or the County 4. The effect on the property owners or owner of the request is not granted. Without the annexation area being assigned a specific zoning district, the area will essentially be un-zoned upon annexation. The area needs to be zoned for the benefit of the property owners and property owners adjoining the proposed annexation area. 5. The Comprehensive Plan land use designation for the property. The Comprehensive Plan designates all of the annexation area for low- density residential development. The Growth Management Act requires zoning to be consistent with the Comprehensive Plan. RS-20 is one of the listed residential zoning districts that is consistent with the low- density residential land use designation. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is within the Pasco Urban Growth Boundary. 2) The Urban Growth Boundary was established by Franklin County in 1994. 3) The property is being proposed for annexation by August 2015. 4) The annexation area is identified in the Comprehensive Plan for low-density residential uses. 5) The Comprehensive Plan indicates RS-20, RS-12, RS-1 R-1 and R-1-A zoning district are applicable to the low-density land use designation 6) The Growth Management Act requires zoning to be consistent with the Comprehensive Plan. 7) The annexation area lacks sanitary sewer service and as a result most of the residential lots within the area are a half acre or larger. 8) Approximately 97 percent of the proposed annexation area is zoned R-S-20 9) RS-20 zoning is virtually the same in the City and County. 4 CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.88.060 and determine whether or not: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. Zoning the area RS-20 to reflect the land use designations in the Comprehensive Plan and established development patterns will cause the proposal to be in accord with the Plan. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. Retaining low density zoning on those properties developed with low density single-family homes will preserve the suburban nature of the neighborhood and will have no material impact on surrounding properties. (3) There is merit and value in the proposal for the community as a whole. It is in the best interest of the community and neighborhood to have the annexation area zoned to support the low density nature of the area. Without zoning, the value and character of the neighborhood would not be protected or maintained. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. Zoning the neighborhood consistent with the established development patterns within the neighborhood will mitigate the impacts of the property not being zoned upon annexation. If the area was zoned to reflect the land use designations of the Comprehensive Plan and established densities and development patterns no additional conditions are needed. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. STAFF RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the April 16, 2015 staff report. 5 MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Road 80 Annexation Area to RS-20, as indicated on the zoning map identified as Exhibit # 1 attached to the April 16, 2015 staff report with the provision the RS-20 classification shall remain in effect for a minimum of 5 years. 6 i,. s, 1 '_♦wr n E �d MI � x •� ` Rs I♦A + .,, 4 & r�A fP`A IBJ v }e . I.a1 .I Nil 1K dp ,4. ," �. ,• � ;, 1 "gin, j�, {spa tt e Pv. � C64mob a ! • � � 'r ��" try 1 / Lit,A L Ink e •' � . 'pro. � �,�'A,, a� r "^.." ri; !li IN M polo wu;�!I �I:.%� '-.. .. . moon►♦ . :: :- .■...■... 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I�un mumu : ►.� I , Staff response in green dated 4/3/15 Annexation Facts Committee Concomitant Agreement Input Whereas the City of Pasco (City)has agreed to pursue a Concomitant Agreement in conjunction with the Annexation commonly referred to as the"Road 80"Annexation (See Attachment lb the Annexation Facts Committee recommends that the following concerns be addressed by the City Attorney in the Concomitant agreement: As discussed at our most recent committee meeting,while a reasonable concept,a concomitant agreement is not appropriate in this situation as the City lacks the authority to enter into such an agreement under these circumstances. That said,the City can work with the property owners and residents within the area to establish conditions which some or all of the committee members would have liked to have seen in and agreement, The few City officials that have attended the committee meetings cannot bind the City,but can make recommendations which will carry some weight. Ultimately the Planning Commission's recommendations and the Council's decisions in this matter will be made through a transparent and public process and which may include viewpoints in concert or different than those of the committee. In order to help set expectations,and lessen confusion we have attempted below to respond to each of the points in the Annexation Facts Committee's Concomitant Agreement Input document, 1. Tetra a. The term of this agreement will be not less than 20 years unless one of the following events occurs: 1. A state or federal law renders the agreement null and void. A portion of the agreement may be eliminated without voiding the entire agreement. il. A petition signed by 60%of the home owners(by head-count) requesting a change is presented to the City As discussed at the committee meetings,a 20 year term on many of the conditions requested exceeds reasonableness standards,accordingly staff cannot recommend such to the.Planning Commission or City Council. The time period for present zoning restrictions to remain in place has to be a reasonable to accommodate the annexation without unreasonably binding future land owners and Councils. A twenty year "freeze"is nota reasonable burden to put on either the property owners or the City. The long term imposition of the suggested contract terms would most likely be construed by a Court as an unreasonable restraint on alienation of the property subject to the Agreement(Meridian Minerals v,King County). It would also constitute an unlawful infringement of legislative powers of the City since they bind what the Council has the statutory authority to do and creates an unequal application to the citizens of the City. Accordingly,based on current known information,staff will recommending a 5 year period. 2. Indebtedness a. City voter approved indebtedness prior to annexation will not be levied against those being annexed This is already the case per Resolution 3403 3. Zoning a. The zoning ofthe area will be RS20(lot size-20,000 sq.ft.minimum per home) Staff will be recommending RS 20 to the Planning Commission b. Out building limitations will be in accordance with current Franklin County Codes I. If the property is less than 2.5 acres,a 1680 sq.ft.limit applies unless a variance is requested and approved The Pasco Municipal Code already provides exemptions —there is no need to differentiate Annexation Facts Committee Concomitant Agreement Input I I. If the property is 2.5 acres or more,there is no limit on the building size The Pasco Municipal City Codes already provides exemptions -there is no need to differentiate c. Local Improvement District (LID)will only be approved by the City after a written petition signed by 60%(by head-count) of the home owners is provided to the City LID laws are determined by state statute to which the City is required to follow. The City is not able to unilaterally modify State law. I. Any infrastructure upgrades not done by an approved LID will be at the City's Expense This language would limit LID as the only method of improving infrastructure within the annexation area. Beyond LIDS and ULIDs,there are many methods by which infrastructure is developed,developer extensions, improvements funded by ratepayers(if it benefits existing ratepayers),federal and state grants. Staff would not recommend this kind of condition as it is not necessary or in the financial interests of area residents to take on the entire burden of infrastructure in the annexation area. Home businesses do not require commercial zoning. The Pasco Municipal Code already contains this provision-through the Home Business regulations.In addition,home business regulations are identical in the City and County except the City allows S vehicular visits to the home per day while the County allows 6. 4. Enforcement a. Monetary penalties imposed by the Code Enforcement Board will not start and/or accumulate until a reasonable time has occurred for the abatement to begin and be completed. Monetary penalties are limited to $50 per day. This is not possible as it an unequal application of law and in violation of the State Constitution. Beyond that7 the proposal does not account for a realistic expectation of issues that may be encountered. By the time a violation is before the Code Board-several months has already passed I. With exception of 4.e,the City will not canvas the area hunting for code violations. Suchviolations atthe solerequest ofthe Citywill notbe enforceable. Similar to immediately prior issue,the proposal represents an unequal application of the law. The City cannot engage in selective enforcement. It should be noted however that experience has shown that one of the first things that happens in a newly annexed area is that residents begin calling in nuisance complaints that have not previously been addressed. . b. Animals and pets I. Dangerous animal ordinance will not be enforced unless an attack has occurred or a complaint is filed by neighboring residents(within a 1 block radius). The request proposes selective enforcement at the expense of public safety. This is not a condition staff can recommend. I. Actions taken by dogs or other animals when protecting people or property are not considered dangerous. The Pasco Municipal Code already provides a similar default. There is no need for other language. Annexation Facts Committee Concomitant Agreement Input 2. Only complaints about dangerous animals made by people directly affected by the animal are valid. Not possible,the proposal constitutes selective enforcement. Once any government entity is on notice about a potentially dangerous situation there is a duty to act. 3. Animal odors and/or noise are not nuisances. This determination is made on case by case basis and such a blanket statement precludes adequate protection of public health/safety ii. Registration fees for dogs will not be apply For 2016 only iii. If the owner decides to put animals on their land as allowed now by Franklin County Code,they may do so at any time Not sure what is meant by this as animal keeping regulations are nearly identical-City codes already provide for this and there is no need for differentiation 1. Livestock(horses,cows,sheep,goats and chickens,etc.)owners have the rightto protecttheirlivestockfromdangerous animals-byfireatmif deemed necessary No getting around this one.with few exceptions discharge of firearms in the city is prohibited iv. Firearms may be used for animal slaughter(either for consumption or disposal). v. Archery will be allowed as long as an adequate backstop is provided or it is more than 150 yards to the closest home. If range limiting arrows are used,the closest home may be within 100 yards.) c. Property nuisance codes i. Will not be enforced unless a complaint is made by neighboring residents or property owners(within a lblock area). Again,the City cannot selectively enforce its regulations,particularly as they relate to public health and safety. d. City standards for yard maintenance and landscaping L Will not apply. Yard maintenance is necessary. A condition otherwise will not be recommended. i i. Weed height on fallow property will not apply unless it directly damages contiguous or surrounding property or persons. Weeds do directly affectpropernes and are often fire hazards during spring,summer and fall months e. Parking 1. The City's five vehicle(ungaraged,transient,or overnight)limit will be applied and enforced. Is this a typo-the proposal requests enforcement'? Annexation Facts Committee Concomitant Agreement Input ii. RVs and Boats will not be required to be behind the home or off the street unless they present a safety hazard. Public streets are not designed for storage of RVs and boats. The Pasco Municipal Code provisions are the result of considerable public input and deliberation on the part of past City Councils. 5. "Right to Farm" a. The area will remain a"Right to Farm" area consistent with the attached Franklin County Ordinance,Attachment 2, and RCW 16.24(Range Area). Should an animal get out and be hit by an automobile or result in an accident,each party is responsible for their own losses,unless there is gross negligence on the owner's part. The Riverview Island is a stock restricted area and is not subject to open range provisions. In addition,all .Residential Zoning Districts except the"RP"(Residential Park)Zone provide for the following Permitted Use as follows: Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising. Also-City regulations provide the following exemption for"vegetable stands:" Produce sales within City limits are exempt from vendor licensing requirements under the following conditions per 5.1 OA.030 of the Pasco Municipal Code; 5.10A.030 EXEMPTIONS. The provisions of this chapter shall not be construed to apply to the following: A)Persons selling only fruits,vegetables,berries,eggs or auy.farm produce or edibles raised, gathered,produced or manufactured by such persons in the State of Washington B)Persons selling only trees used for the celebration of the Christmas Season b. Bee Hives will be allowed and will not require a special license orpermit. If a limit is necessary,two units per acre would be acceptable. C. This is not described within City or County Codes.. d. e. Bum days and recreational fires will be consistent with Franklin County Code The regulations are the same in the City and County f. Farm equipment (tractors,backhoes, trailers,etc.) do not require special permits and shall be consistent with Franklin County Code for storage and parking. 6. Services a. If residents authorize an LID,per 2.c above, connection to the utilities will be at the resident's discretion and not required by the City LID laws and City regulations already allows this. In the event of the.failure of an onsite system,The County Health District may detennine that connection to sanitary server is required b. There will be no penalty applied for hookup to the utilities in subsequent years (e.g.the cost will be the same in out years as in the initial year of the LID) There is no penalty applied for later years in the case of an LID-the assessment on an LID or ULiD begins the year after the project is finalized. Hookup or connection fees are charged at the time of connection and are applied at the current going rate when the connection occurs. Some properties within and LID connect immediately,others Annexation Facts Committee Concomitant Agreement Input many years lacers, Assessments do not change.costs associated with operation of the sewer system are however dynamic. c. Residents will pay the same rates as City residents for utility,refuse,water, and sewer The City applies rates for City owned and operated utilities equally throughout the City. At this time rates are not set by zone,nor are they contemplated to be set in such a way. d. Ambulance/Paramedic services will be provided at the same rate as City residents Ambulance/Paramedic services are provided equally throughout the City, that would include newly annexed areas. e. Area development (1 or more homes) will be paid for by the developer. The residents living in the surrounding area will not be taxed or subject to a LID to share the cost of sewer, water, park, school, road or other development. Developers are required to pay for infrastructure to City standards so the general citizenry doesn't have to subsidize (retrofit) utilities, roads, etc. Property tax rates are applied equally throughout the City based on assessed valuation. Developers have the right under state law to enter into a"latecomers agreement"with the City Subject to Council approval through a public process where potentially impacted property owners are notified. Such agreements do not assess property owners,until they connect to a utility line constructed and financed by the developer. If a developer has to build a water line past your property to reach his/hers there is a cost. That cost can be apportioned to all properties that would benefit by book up,however the developer CANNOT collect from you unless you connect to the water line. 7. Building Permits and Fees a. Building Permits Fees will be assessed at the County rate(e.g.,The City will provide reduced permitting rates consistent with the County rates). As with enforcement of regulations and rates for ambulance and utility service, the City has a lawful duty of equal application of the law. Permitting fees are no exception,it should be noted however that generally.fees in this area are less in the City.- b. ity:b. Impacts assessments and permitting requirements will be applied based on the County requirements. Due to equal application of the law,the City cannot entertain such a proposal. However,as noted in fie above the demand is for developers to pay their proportionate share for infrastructure needs their development triggers, the alternative is for taxpayers to foot the bill. The Pasco City Council has taken a growth pays for growth position. This agreement will become an Ordinance(s) and will receive public input before the City Council approves it. Per State statute and the Pasco Municipal Code,zoning is established by ordinance with applicable public notice requirements prior to Council action. We realize that the document was a collection from among the Committee members and perhaps input from others within the annexation area. A considerable amount of thought was put into putting the document together,and it is appreciated as the input provided is helpful in explaining City codes verses the concerns behind some of these proposals and in preparing the staff report to the Planning Commission. As originally written, the proposal would essentially establish a separate local government for the proposed RD 80 Area Annexation Facts Committee Concomitant Agreement Input annexation with a series of different land use laws, fee structures and public safety expectations.Even if the conditions proposed could be met,several of which conflict with State law,the cost of setting this proposal up and implementing it would be borne by the general tax payers of Pasco. Based on our exposure to the group, this is not something we think the committee members would want to see happen. Soon,the area will likely be annexed to the City and we will welcome a new group of residents with the same rights,privileges and with few exceptions,obligations, as the current 67,770 residents of Pasco. As you will note in the responses above,, the annexation facts sheet,and the many conversations we have shared.there are few significant changes that may adversely impact you some of you individually in a significant way,there are however many changes that will significantly impact you individually and collectively in a positive way. Annexation Facts Committee Concomitant Agreement Input 8. Signed by the following Annexation Facts Committee Members: Chris Abraham Date Jack Martincavage Date Brian Berglin Date Scott Myers Date Julie Coleman Date Matt Rasmussen Date Rick Dunbar Date Steven Schlegel Date David Little Date Marie Schultz Date Merry Loew Date Bob Wlaznak Date Mark Mansell Date AGENDA REPORT FOR: City Council April 14, 2015 TO: Dave Zabell, City Manager�/,! ( Regular Mtg.: 4/20/15 Rick White, 4 I Community&Economic Development Director�� FROM: David I. McDonald, City Plannei SUBJECT: STREET VACATION• Portion of Commercial Avenue(MF#VAC 2015-005) I. REFERENCE(S): 1. Street Vacation,Portion of Commercial Avenue-Overview Map 2. Street Vacation,Portion of Commercial Avenue-Vicinity Map 3. Street Vacation,Portion of Commercial Avenue- Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: 4/20: MOTION: I move to adopt Ordinance No. an ordinance vacating a portion of Commercial Avenue, and further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Fifties LLC, the property owner of the 600 Block of N. Commercial Avenue, petitioned for the vacation of a portion of Commercial Avenue just to the south of the Pasco Kahlotus Road. B. Council set April 20, 2015 as the date to consider the vacation. V. DISCUSSION: A. In 2014, Fifties LLC, began an effort to realign Commercial Avenue to better utilize a parcel of land between Commercial Avenue and SR-12. An alternate plan for the property has now been developed and the initial changes to Commercial Avenue are no longer needed. B. The initial right-of-way modifications included the installation of a water line that will need an easement when the right-of-way is vacated. There are no other utilities that will need an easement. 7(b) IJ s !jS fl n° rrar lra.MT �i e i sy1 ilii ilEe ! rr ixn,ie�'d l S9l 4 : .,�...vli,�a Wni Go •>i �lv!!s '. rf� enJ�° ff' y.,.� 'dt�� e ` 4'"at;��11 ilAlf�,{45 kat"?i rt i U4 , p:f ' t h1i}P h'11211F1 drdtyrShf iota ,`syr` r � gy j '�`� rlr1i4i11 rlbrr Aral +rrsa 7%i R�r1R l��'r r� ;,L� Fr. ��:PI4��C� AaGti! �� r� ,.r eJlrla 11t4qnr G7 4+1+11a SAr1 i Y/lr � .r to + Hs filtE "Jft" ."� (+ rYf �� CCCCC Z�J1eiI 9l�H fw9kd1�4 �„ • e S 1. !1. 1 114 nrm a r , 1f bite • 1 uti .ec Y a $� i Ilii ?11115 f+t,Yi A�`U7d'f 15�' a ��s�i, r as+'.".•.. Y '! 1y+f iuf'�p .x.a 's": t1F�11$19!! SxGI^ . f t eer t y 7 Aea+ a 111 tP:P afistl xtl f$rf: i15!'i�lR' ! '.te 1UM 4 ' � at i v 4 SJ M .nre- _ � 6 G 4 r!� T WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF COMMERCIAL AVENUE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate right-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. That the following described right-of-way: That certain parcel of land being a portion of Lot 1 of Binding Site Plan 2013-04, located in a portion of the Northwest Quarter of Section 27 and in a portion of the Southwest Quarter of Section 22,Township 9 North,Range 30 East,Willamette Meridian, Franklin County, Washington described as follows; Beginning at the Northwest corner of said Section 27; Thence North 89°20'33"East along the North line of said Section 27, 797.38 feet; Thence South 00°39'27"East, 119.34 feet to the Easterly Right-of-Way line of Commercial Ave and being the TRUE POINT OF BEGINNING; Thence along the arc of a 805.00 foot radius non-tangent curve to the left,the long chord of which bears South 25°29'54"East for a chord distance of 4.55 feet through a central angle of 00°19'27" for an arc distance of 4.55 feet to the Southerly line of said Lot; Thence North 89°19'l 5"East along said Southerly line, 89.34 feet; Thence along the are of a 725.00 foot radius non-tangent curve to the right,the long chord of which bears North 22145'26"West for a chord distance of 148.70 feet through a central angle of 11°46'21"for an arc distance of 148.96 feet; Thence North 16'52'16" West, 21.64 feet; Thence along the arc of a 575.00 foot radius non-tangent curve to the right, the long chord of which bears South 10'04'19" West for a chord distance of 157.20 feet through a central angle of 15142'50" for an are distance of 157.70 feet to the TRUE POINT OF BEGINNING; together with That certain parcel of land being a portion of Lot 2 of Binding Site Plan 2014-01, located in a portion of the Northwest Quarter of Section 27 and in a portion of the Southwest Quarter of Section 22, Township 9 North, Range 30 East,Willamette Meridian, Franklin County, Washington described as follows; Beginning at the Northwest corner of said Section 27; Thence North 89°20'33"East along the North line of said Section 27, 797.38 feet; Thence South 00°39'27"East, 119.34 feet to the Easterly Right-of-Way line of Commercial Ave; Thence along the arc of a 805.00 foot radius non-tangent curve to the left,the long chord of which bears South 25°29'54"East for a chord distance of 4.55 feet through a central angle of 00°19'27" for an arc distance of 4.55 feet to the Northerly line of said Lot 2 and being the TRUE POINT OF BEGINNING; Thence continuing along the arc of a 805.00 foot radius curve to the left, the long chord of which bears South 27°37'25"East for a chord distance of 55.16 feet through a central angle of 03°55'36"for an arc distance of 55.17 feet; Thence along the arc of a 20.00 foot radius curve to the right, the long chord of which bears South 13°19'40"West for a chord distance of 27.24 feet through a central angle of 85°49'46" for an arc distance of 29.96 feet; Thence South 56014'32" West, 104.48 feet to the Easterly Right-of-Way line of Commercial Avenue; Thence South 32°01'39" West along said Right-of-Way line 146.17 feet; Thence along said Right-of-Way line, along the arc of a 725.00 foot radius tangent curve to the left,the long chord of which bears South 28°24'41" West for a chord distance of 91.45 feet through a central angle of 07°13'56"for an arc distance of 91.51 feet; Thence along the arc of a 470.00 foot radius non-tangent curve to the right, the long chord of which bears North 47°18'46"East for a chord distance of 145.91 feet through a central angle of 17°51'33" for an are distance of 146.50 feet; Thence North 56°14'32" East, 174.52 feet; Thence along the arc of a 20.00 foot radius tangent curve to the right,the long chord of which bears South 80°50'35"East for a chord distance of 27.24 feet,through a central angle of 85149'46"for an are distance of 29.96 feet; Thence along the arc of a 805.00 foot radius reverse curve to the left,the long chord of which bears South 38°19'43"East for a chord distance of 11.25 feet through a central angle of 00°48'02"for an arc distance of 11.25 feet; Thence North 51'16'16"East, 80.00 feet; Thence along the arc of a 725.00 foot radius non-tangent curve to the right, the long chord of which bears North 33'41'10"West for a chord distance of 127.45 feet through a central angle of 10°05'08" for an arc distance of 127.62 feet to the Northerly line of said Lot 2; Thence South 89'19'15"West along said Northerly line, 89.34 feet to the TRUE POINT OF BEGINNING; Section 2. The City shall retain an easement and the right to exercise or grant easements with respect to the right-of-way vacated in Section 1 above for the construction, repair and maintenance of public utilities and services over, under and across the following described tracts: . Beginning at the Northwest corner of said Section 27; Thence North 89°20'33" East along the North line of said Section 27, 823.81 feet to the Easterly Right-of-Way of Commercial Avenue, said point to be referred to as Point"A"; Thence along the Right-of-Way of said Commercial Avenue, along the arc of a 575.00 foot radius non-tangent curve to the left,the long chord of which bears North 05°11'29"East for a chord distance of 10.74 feet through a central angle of 01'04'12"for an arc distance of 10.74 feet to the TRUE POINT OF BEGINNING; Thence continuing along said Right-of-Way line along the arc of a 575.00 foot radius curve to the left, the long chord of which bears North 04'07'19"East for a chord distance of 10.73 feet through a central angle of 01'04'08" for an arc distance of 10.73 feet; Thence North 72°53'33" East, 4.66 feet; Thence South 16'52'16"East, 10.00 feet; Thence South 72°53'33" West, 8.50 feet to the TRUE POINT OF BEGINNING; Also Beginning at aforesaid Point"A"; Thence along said Right-of-Way along the are of a 575.00 foot radius non-tangent curve to the right, the long chord of which bears South 07'08'17" West for a chord distance of 28.33 feet through a central angle of 02°49'24"for an are distance of 28.33 feet to the TRUE POINT OF BEGINNING; Thence continuing along said Right-of-Way line along the arc of a 575.00 foot radius curve to the right,the long chord of which bears South 09°32'57"West for a chord distance of 20.06 feet through a central angle of 01'59'57" for an arc distance of 20.06 feet; Thence along the arc of a 757.41 foot radius non-tangent curve to the left, the long chord of which bears South 24007'47"East for a chord distance of 82.46 feet through a central angle of 06°14'28"for an are distance of 82.50 feet to the South line of said Lot 1; Thence North 89'19'15" East along the South line of said Lot 1, 11.20 feet; Thence along the arc of a 747.41 foot radius non-tangent curve to the right, the long chord of which bears North 23°39'34" West for a chord distance of 103.62 feet through a central angle of 07°56'59" for an are distance of 103.70 feet to the TRUE POINT OF BEGINNING; and together with the following Beginning at the Northwest comer of said Section 27; Thence North 89020'33"East along the North line of said Section 27, 823.81 feet to the Easterly Right-of-Way line of Commercial Avenue; Thence along said Right-of-Way line along the arc of a 575.00 foot radius non-tangent curve to the right,the long chord of which bears South 07'08'17"West for a chord distance of 28.33 feet through a central angle of 02°49'24"for an arc distance of 28.33; Thence along the arc of a 747.41 foot radius non-tangent curve to the left, the long chord of which bears South 23°39'34"East for a chord distance of 103.62 feet through a central angle of 07°56'59" for an arc distance of 103.70 feet to the Northerly line of said Lot 2 and being the TRUE POINT OF BEGINNING; Thence continuing along the arc of a 747.41 foot radius curve to the left, the long chord of which bears South 29°22'37" East for a chord distance of 45.45 feet through a central angle of 03°29'06" for an arc distance of 45.46 feet; Thence North 58°29'56" East, 25.00 feet; Thence along the arc of a 725.00 foot radius non-tangent curve to the left,the long chord of which bears South 31'29'18"East for chord distance of 10.00 feet through a central angle of 00°47'25"for an arc distance of 10.00 feet; Thence South 58°29'56" West, 25.00 feet; Thence along the arc of a 747.41 foot radius non-tangent curve to the left, the long chord of which bears South 32°08'26"East for a chord distance of 6.64 feet through a central angel of 00°30'32"for an arc distance of 6.64 feet; Thence South 58°24'40" West, 10.00 feet; Thence along the arc of a 757.41 foot radius non-tangent curve to the right, the long chord of which bears North 29049'02"West for a chord distance of 67.84 feet through a central angle of 05°08'02"for an arc distance of 67.87 feet to the North line of said Lot 2; Thence North 89'19'15"East along the North line of said Lot 2, 11.20 feet to the TRUE POINT OF BEGINNING; Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco,this 20'' day of April, 2015. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney LU FM rodC) I . . k *OJ o� o� � ti AGENDA REPORT FOR: City Council April 1,2015 Workshop Mtg.: 4/13/15 TO: Dave Zabell, City Managerk Regular Mtg.: 4/20/15 Rick White, Community&Economic Development Director FROM: Shane O'Neill, Planner I �'00 SUBJECT: STREET VACATION• Kurtzman Alley Vacation Plan(MF#VAC 2015-003) I. REFERENCE(S): 1. Kurtzman Alley Vacation- Overview Map 2. Kurtzman Alley Vacation-Vicinity Map 3. Kurtzman Alley Vacation- Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/13: DISCUSSION: 4/20: MOTION: I move to adopt Ordinance No. repealing Ordinance #4215, vacating several north/south alleys in the Kurtzman's Addition and Acre Park neighborhoods and retaining utility easements, and further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On March 16, 2015 Council adopted Ordinance #4215 vacating a series of north/south alleys in the Kurtzman's Addition and Acre Park Addition. The intent of the ordinance was achieved however; language including the retention of utility easements for natural gas, electric power, television and telephone facilities was unintentionally missing from the ordinance. B. In order to secure utility easements where the alleys previously existed, staff requests that Council adopt a second ordinance which repeals and replaces Ordinance#4215 while also securing utility easements. 8(a) Overview Item: Kurtzman Alley Vacation Plan Map Applicant: City of Pasco File #:VAC 2015-003 NOW, Aa, 'Pax "WIN IV INA T"7 L Ili:: Vicinity Item: Kurtzman Alley Vacation Plan Map Applicant: City of Pasco N File #: TAC 2015-003 J.6l is Il O' Alley n n j1eIJ y Y + 1 may' y {yp __ ST F- WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco,WA 99301 ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE#4215 VACATING NORTH/SOUTH ALLEYS IN KURTZMAN'S FIRST ADDITION AND ACRE PARK ADDITION AND RE- ESTABLISHING THE VACATION OF SAID ALLEYS WITH RETENTION OF EASEMENTS. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City,the City Council may vacate right-of-way; and WHEREAS, Ordinance #4215, passed on March 16, 2015, inadvertently left out easement retention language for the alleys vacated in said ordinance; and WHEREAS,all steps and procedures required by law to vacate said right-of-way have been duly taken and performed;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the north/south alleys of Blocks 1 and 2, Acre Park Addition; together with the north/south alleys of Blocks 3, 5 and 12,Kurtzman's First Addition,as depicted in Exhibit"I"be and the same is hereby vacated. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the vacated right-of-way as described in Section 1 above for the construction, repair and maintenance of public utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County,Washington. Section 4. This ordinance shall take full force and effect five(5)days after approval,passage and publication as required by law. PASSED by the City Council of the City of Pasco,this 2e day of April, 2015. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L.Clark,City Clerk Leland B.Kerr,City Attorney Exhibit Item: Kurtzman Alley Vacation Plan r i r Applicant: City of Pasco N File #:VAC 2015-003 LEWIS FF 10' Allevi rT1 7E] HEI 0' Alle A T C AGENDA REPORT FOR: City Council April 15, 2015 TO: Dave Zabell, City Manager Regular Mtg.: 4/20/15 FROM: Stan Strebel, Deputy City Manager SUBJECT: Transportation Package Revenue I. REFERENCE(S): 1. Transportation Package Revenue—Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/20: MOTION: I move to approve Resolution No. expressing support for a 2015 Transportation Revenue and Reform Package,which includes funding for the Lewis Street Overpass Project. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The state Senate has passed a transportation funding and reform package which includes $26 million for the Lewis Street Overpass Project included within a 16- year plan which invests some$14 billion in transportation projects statewide. The package also includes several reforms designed to make the design, permitting and construction of projects more efficient and economical. On April 13, the State House Democratic Transportation Revenue Package proposal was released, which also includes Lewis Street funding comparable to that in the Senate bill. The House Transportation Committee was scheduled to take action (as of this writing) shortly. Both the bill and the proposal rely on a phased-in 11.7 cent gas tax. B) While the situation in Olympia is still very fluid, staff is encouraged that the Lewis Street project is recognized in both the Senate & House packages, up to this point. C) The Lewis Street Project has been a major priority of the Council for the last 10 years and that the City has expended nearly$6 million in getting the project to the point that it is shovel ready. The City simply cannot complete this very important but costly project without state and/or federal funding. V. DISCUSSION: A) The attached resolution expresses the City's support for a state package which funds the Lewis Street Overpass project at this time. 8(b) RESOLUTION NO. A RESOLUTION of the City Council of the City of Pasco, Washington, expressing support for a 2015 Transportation Revenue and Reform Package which includes funding for the Lewis Street Overpass Project. WHEREAS, a safe, efficient and well-maintained transportation system is a foundational element to Pasco's economy and quality of life as well as being critical for our state economy in light of Washington's global position as the nation's most trade-dependent state; and WHEREAS, Washington's transportation system is suffering from disrepair, with a backlog of maintenance and preservation needs, and data showing that the hours of congestion and delay on critical corridors are getting significantly worse; and WHEREAS, failing roads and bridges, congested highway corridors, and bottlenecked interchanges undermine the mobility of vehicles, buses, and freight haulers to move people and goods; and WHEREAS, in early 2012, the Connecting Washington Task Force released a report identifying$50 billion in unfunded transportation needs and recommending an investment of$21 billion in funding during the next 10 years for maintenance, preservation and strategic investments; and WHEREAS, through the passage of ESSB 5987 and ESSB 5988, the Washington State Senate has approved a 16-year, $14 billion package that makes a very good down payment on transportation package investments. The Senate-approved package also includes eight different reform bills to help ensure the state designs, permits and builds transportation projects in the most efficient way possible; and WHEREAS, ESSB 5987 and ESSB 5988 as amended in the Washington State House of Representatives' Committee on Transportation makes significant transportation investments important to the City of Pasco, including direct distribution of gas tax revenue to fund local transportation needs; and WHEREAS, proposals from both legislative chambers provide critical funding for key transportation projects throughout the state and, specifically, $26 million for construction of the Lewis Street Overpass project in Pasco; and WHEREAS, the transportation package also provides a direct distribution of $375 million over 16 years for Pasco and other cities and counties throughout the state to maintain local roadways and transportation systems; and WHEREAS, the package also includes local transportation financing options that will better allow cities and counties to address their backlog of mobility and maintenance needs; and 2015 Transportation Revenue and Reform Package Page I of 2 WHEREAS, the transportation package also invests in grant programs vital to cities and counties, including the Transportation Improvement Board, Freight Mobility Strategic Investment Board, "Complete Streets," Safe Routes to Schools and Bicycle-Pedestrian Safety. NOW, THEREFORE, the City Council of the City of Pasco does hereby resolve as follows: 1. The Pasco City Council takes an official position in support of a comprehensive and balanced transportation investment package, including direct funding, grant funding and financing options for local governments. 2. The Pasco City Council urges that in the refinements to a transportation package by the House and that in House-Senate negotiations, the Legislature retain full and front- loaded funding for the completion of the Lewis Street Overpass. 3. The Pasco City Council also urges that in the continued negotiations, the Legislature refrain from sales tax exemptions that have negative revenue implications for cities and counties and utilize a percentage of the gas tax for direct distributions to cities and counties. 4. The Pasco City Council urges the Legislature and the Governor to enact and sign into law a 2015 Transportation Revenue and Reform Package. PASSED by the City Council of the City of Pasco at its regular meeting this 20th day of April,2015. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney 2015 Transportation Revenue and Reform Package Page 2 of 2 AGENDA REPORT FOR: City Council April 14, 2015 TO: Dave Zabell, City Manager L�4 Regular Mtg.: 4/20/15 Rick White, • 1`f� J� Community&Economic Development Director FROM: Dave McDonald, City Planner SUBJECT: Annexation: Road 80 Area(MF#ANX2015-001) I. REFERENCE(S): 1. Annexation, Road 80 Area—Overview Map 2. Annexation, Road 80 Area—Notice of Intent to Commence Annexation H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/20/15: MOTION: I move to authorize the City Manager to execute the Notice of Intent to Commence Annexation Proceedings and any follow-up petitions for the Road 80 Annexation Area. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. In January of this year the Council approved the formation of an "Annexation Facts Committee" to review information related to the possible annexation of all unincorporated properties west of Road 80. The committee held its last meeting on April 7, 2015. B. The next step in the annexation process involves the development of an annexation petition. The petition method of annexation is a two-step process requiring an initial Notice of Intent to commence annexation proceedings. The Notice of Intent must represent 10 percent of the property values in a given area to be valid to initiate annexation. Following Council acceptance of the Notice of Intent a petition representing 60 percent of the property values is required to be submitted. C. Valid Notices of Intent and petitions carry either the direct signatures of property owners or the signatures of the owners through the use of power of attorney agreements necessary for water service. The annexation agreements signed by property owners when they received the benefit of water service beyond the City Limits establishes the City as the attorney in fact authorized to sign annexation petitions on their behalf. The motion above authorizes the City Manager to execute the Notice of hitent and subsequent annexation petition for the City. 10(a) 8 F NL w • it a Y 1l (w •ti '- Ff: d "H �•9 w'. NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 Council Members: The undersigned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, hereby express our intention to the City Council of the City of Pasco to commence annexation proceedings. The property herein referred to is generally described in Exhibit "A" attached hereto and is depicted in Exhibit "B" further attached hereto. It is requested that the City Council of the City of Pasco hold a public meeting to determine: (1) Whether the City Council will accept the proposed annexation; and, (2) Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed; and, (3) Whether the City Council will require simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. 1. Please print your name in addition to signing. NAME ADDRESS DATE The City of Pasco as Attorney in fact hereby signs this Notice of Intent to Commence Annexation for and in behalf of the properties identified by Parcel # attached to this signature page: The recorded Power of Attorney documents (owner Approval for Annexation) for each parcel are attached hereto and are a part of this annexation petition. Dave Zabell Date City Manager, City of Pasco i EXHIBIT "A" LEGAL DESCRIPTION ROAD 80 ANNEXATION AREA Beginning at a point on the south line of the FCID canal right-of-way, said point being the intersection with the west right-of-way line of Road 96 and the south right-of-way line of the FCID canal right-of- way; Thence southerly along the west right-of-way line of Road 96 to the intersection with the northeast comer of Lot 2 Short Plat 99-05; Thence westerly along the north line of Lot 2 Short Plat 99-05 to the northwest corner thereof, Thence southerly along the west line of Lot 2 Short Plat 99-05 to the southwest corner thereof, said southwest corner also being a point on the north line of Lot, 3 Basswood Estates; Thence westerly along the north line of Lot 3,Basswood Estates to the northwest corner of said Lot 3; Thence southerly along the west line of said Lot 3 to the southwest comer of said Lot 3, said comer also being the northwest corner of Lot 4, Basswood Estates; Thence southerly along the west line of Lot 4, Basswood Estates to the southwest corner of said Lot 4, said southwest corner also being the northwest corner of Lot 4 Short Plat 2003-01; Thence southerly along the west line of Lot 4, Short Plat 2003-01 to the north right-of-way line of Nest Argent Road; Thence west along the north right-of-way line of West Argent Road to the intersection with the northerly projection of the east right-of-way line of Road 100; Thence southerly along said projection to the intersection with the south right-of-way line of West Argent Road; Thence continuing southerly along the east right-of-way line of Road 100 to the intersection with the north right-of-way line of West Court Street; Thence easterly along the north right- of-way line of West Court Street to the intersection with the east right-of-way line of Road 84; Thence southerly along the east right-of-way line of Road 84 to the intersection with the northwest corner of Lot 13, Block 1, Back Roads Country Estates; Thence easterly along the north line of said Lot 13, Back Roads Country Estates and continuing easterly along the north line of Lots 14, and 15, Block 1, Back Roads Country Estates to the intersection with the northeast corner of said Lot 15, said corner of said Lot 15,being 635.78 feet more or less from the east right-of-way line of West Court Street; Thence southerly for a distance of 24 feet; Thence easterly for a distance of 6 feet to the northeast/southwest line of Lot 17, Block 1, Back Roads Country Estates; Thence easterly along the north line of said Lot 17 and Lots 18, 19, 20, 21 and 22, Block 1, Back Roads Country Estates to the intersection with the west right-of-way line of Road 80; Thence continuing easterly along the easterly projection of the north line of Lot 22, Block 1 Back Roads Country Estates to the intersection with the east right-of-way line of Road 80; Thence northerly along the east right-of-w4y line of Road 80 to the intersection with the northwest corner of Lot 4, Short Plat 76-10; Thence westerly along the westerly projection of the north line of Lot 4, Short Plat 76-10 to the intersection with the west right-of-way line of Road 80; Thence northerly along the west right-of-way Road 80 to the intersection with the south right-of-way line of West Argent Road; Thence westerly along the south right-of-way line of West Argent Road to the intersection with the east right-of-way line of Road 84; Thence westerly along the westerly projection of the south right-of-way line of West Argent Road to the intersection with the southerly projection of the west right-of-way line of Road 84; Thence northerly along said projection of Road 84 and continuing northerly along the west right-of-way line of Road 84 to the intersection with the south right-of-way line of the FCID canal right- of-way; Thence westerly along said canal right-of-way to the point of beginning. Bv Exhibit Road 80 Annexation Area 4-1 1 1 J N 1 T I LI 1 7- I_ Argent Road Annexation Area FLO 4 17' 1 -Court Street I Road 80 Annexation Notice of Intent Parcel Numbers 118092091 118092097 C 118092098 118092107 118092111 118042116 118092118 118102183 - — - 118102184 118122059 118122077 118122086 118122104 118122228 -- _.-- 118122273 118122282 _ ! 118130144 118140146_ - - - -118140208 - - -- -- 11814029_9 — -- - 118152192 118152199 118152200 118152202 118161069 _.. ___- -- _----._._.-- 118161070 118161071 118161073 118161074 - 118162033 118162168 l _1182520.89__ _ -- _-_- --_--11826107979 118261186 118271228 - 118271326 1182_91215 118311121 118312068 — -- - 1183120_77 -- - 118312086 118313049 118313192 IIIIII VIII IIIIII VIII VIII VIII IIIIII III VIII IIII IIII 664606628A PASCO CITY OF POR 20.00 Franklin Co, WR WHEN RECORDED,PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 IIIIIuIIIIIIIVIIIIIiIIII)86: 2 of 2 : PASCO CITY OF POA 20.00 Franklin Co, WA THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 9104 Pooler Rd (Address), Pasco, Washington, and more legally described as follows: BUMPAOUS SUBDIV LOT 2 Parcel No. 118-252-089 DATED this ;4 day of OW ._ STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me Pe I�� 1C)�� 2 to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 e914-/4i . <- R. Pel �y�Z L'LG( 7 1titoy ��aG��51oN �q NOTARY P " LIC in and for the State of Washington Residing at ctktl VkOTAgY My Commission Expires: c 'p O )9 N, B00 2 r rJUs25- OF y 25 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 ASIIII VIII IIIIII III�I ILII�IIII�IPon III III IIIlI 21.00 0/15/2004 64606 3 28A Franklin 00, WA WHEN RECORDED,PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco,WA 99301 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other. statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property, and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -1 1IIIIIIIIIDIIIIIIVIII�IIIVIIIIIIIIIIIIVIIIIIIIIIII 6646069 28A PASCO CITY OF POA 71.00 Franklin Co, WA THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 9104 Franklin (Address), Pasco, Washington,and more legally described as follows: LAKEVIEW 2ND ADD LOT 9, BLK 2 118-261-088 DATED this 2 k day ofd '12n2y. RS: n STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me it t-t to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 Wao�) _ L06 ' R. �SStoN �9 NOTARY PUBLIC in and for the State of Washington Residing at FValk,411Q 0AUK6n NpTAgr, My Commission Expires: G G oo P O OF WASHt� Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 STATE OF WASHINGTON ) 111111111111111111111111111111111111111 II 1111111111111 age: 3 of ): ss. Pa 3 of/2004 zea 3 COUNTY OF FRANKLIN ) PASCO CITY OF POA 21.00 Franklin Co. WA On this day personally appeared before me 7G� v C� {f��_ , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 -One.Q . NOTARY PUBLIC in and for the State of Washington Residing at 'Y�fiic ,' r to • My Commission Expires: Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -3 1111111111111111111106/16/2004 I64of 3 06828A 0 Franklim Co, WA WHEN RECORDED,PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco,with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -1 VIIIVIIIIIIIIIVIIIVIIIVIIIIIIIIIIIIVIII(IIIIIII Page: 2 of 3 SA PASCO CITY OF POR 21.00 Franklin Co, WA THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 2321 Road 94 (Address), Pasco, Washington, and more legally described as follows: REPLAT MERRICK PARK ADD LOT 7, BLK I Parcel No. It 8-312-077 DATED this 3 / day of OWNERS: / n_. i'✓ L" 44 STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me `� + �iJ l �i/16iv C to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 3 f day of /9Ca.i* R. Alpy �G �gstoe F9y NOTARY PUBLIC in and for the State of Washington "�NpTllgy�op Residing at Franklin County My Commission Expires: August 25,2007 N� w PUBI,tG cN � G o CVSr 25 `a0 OF yygSN Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 STATE OF WASHINGTON ) 11111111111111111111111111111111111111111111111�11I 1111 66 : 3 of ): SS. Pa 3 of 3 3 COUNTY OF FRANKLIN ) as PASCO CITY OFPOP 21.00 Franklin Co, WP On this day personally appeared before me v�1 S.Lt_, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 /Gl re-ii �U U y. Rpy at py NOTARY PUBLIC in and for the State of Washington r Residing at Franklin County ,OOTAp'Y My Commission Expires: August 25,2007 N pU81.tG I ��`(. QUSr 25 ryC7 OF WASE"°< r Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -3 IIIIIIVIIIIIIIIIVIIIVIIIIIIIII IIII IIIVIIIIIIIIIIIPa6 : I of 3 8q Frankll� Co, WA WHEN RECORDED,PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -I IIIIIIVIIIIIIIIIVIIIVIIIIIIIIIVIIIIIIVIIIIIIIIIII 66 : 2 of 3 ap Franklin Co, WA THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 8816 Maple Drive (Address), Pasco, Washington, and more legally described as follows: MEADOW MANOR ACRES LOT 11 Parcel No. I18-140-146 DATED this 3day of MCL((..k / iOo OWNERS: STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me (�140J 6tcj;r to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 31 day of ftAych . ,-P NOTARY PUBLIC in and for the Statgof Washington Residing at fY-at'4/,'*? Ldd6ft. OTaRY o My Commission Expires: 1t4 .�S,���� 9 GO b' r fib'OF W ASS A" Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 STATE OF WASHINGTON ;, ss IIIIIIIIIIPASCO �IIIIIIIIIIIIIIIIIIIIiIIIIIIIIII�I�Ir�Y OF POA ���1111age: 3 f 3 COUNTY OF FRANKLIN ) Franklin Co. WA On this day personally appeared before me —Kr 15+C, B lit i r , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 -- b _day of Y11Giv!'k '26beq . q NOTARY PUBLIC in and for the State of Washington 'CO y IV �; Residing at (-'uK �/j y �04t v�tb I 1 n p My Commission Expires: UkQ r7S' --,I- C h as• 200 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -3 IIIIII VIII IIIIII VIII I III IIIIII VIII III VIII IIII IIII B64607028R PASCO CITY OF POA 20.00 Franklin Co, WA WHEN RECORDED, PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 S VIII IN 111111111111111 0666/60 0�28A PRSCO CITY OF POR 20.00 Franklin Co, aR THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the fire and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 8512 W Livingston (Address), Pasco, Washington, and more legally described as follows: Short Plat 79-26, Lot I Parcel No. 118-271-326 DATED this S day of OWNERS: STATE OF WASHING ON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me kcji1&1,r+/1 M411-) to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 R. P!T G� ,ion NOTARY PIJBLIC irql and for the State of Washington ��►`' Residing at Fem/C r'l o tLN Q �Qa0 Ry My Commission Expires: ()i.l5 a :54dJ2L--71 PUB-' N'Y .yG ., i ' G A t/ST a- Y; Power of Attorney for Covenant on Utility Services OF WAS (Owner Approval for Annexation) - 2 IIIIIIVIIIIIIIIIIIIIVIIIIIIIIIVIIIIIIVIIIIIIIIII 1646072: 1of 3 aA PASCO CITY OF POP 21.00 Franklin Ca, WA WHEN RECORDED, PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 66460f09 28; PASCO CITY OF POA 21.00 Franklin Co, WA THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 8507 West Bell Street (address), Pasco, Washington, and more legally described as follows: Lot 6,Blockl,Arambel Subdivision Parcel# 118-162-088 DATED this day ofQ _.2np3 . r OWNER STATE OF WASHING ON ) ): Ss. COUNTY OF FRANKLIN ) On this day personally appeared before me �a� _, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 day of 066&,, l udj . a��/► R. p/T i ?'lig ��ttly✓` NOTARY PUBLIC in and for the State of Washington gOTApy Residing at ,-41t ft a, My Commission Expires; a pt/BL►G 2 'A ��r25.'lope��� �Op WASVk- Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 STATE OF WASHINGTON ) ss. IIIIIIIIIIIIIIiIIIIIIIIILIIIIIIIIIIIIIIII��I�PASCO CITY OF POA �IIIII��I 1.00 66460 e22ea COUNTY OF FRANKLIN ) !n1'� Franklin co, wa On this day personally appeared before me L Pld�>u� , to me known to be the individual described in and who exe uc ted the within and foregoing instrument, and acknowledged that 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 66;66" zas . d,Lh R. p¢ NOTARY PUBLJC in and for the State of Washington Residing at �Gor C NOTAq` My Commission Expires: y� oo aoo �s F GSr25.4 OF WASN" Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -3 iI11IIIIIIIIIIIII'11IIonIIII1IIIIIIIIe 6463 e$s:r WR WHEN RECORDED, PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -I (IIID VIIIIIIIII VIIIIIIIII VIII VIII III�IIII(IIIIIII6sas04 033:51P PASCO CITY OF POn 20.00 Franklin Co, WR The property is located at 4106 Maple Drive (address), Pasco, Washington,and more legally described as follows: MEADOW MANOR ACRES LOT 17 118-140-208 DATED this day of Z' ASTA _F Aq SHINGTON ) ): as, COUNTY OF FRANKLIN ) On this day personally appeared before me Jcldt . Alshel , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and deed,for the uses and purposes therein mentioned. DEl A R A Given under my hand and official seal this_0 day of O h 2 �od P� ►ssuw��.f'r ' �t(.jffEinarid NOTARY P for the State of Washington fn "OTA., Residing at 1 l L y c h >.G �BLIG My Commission Expires: crt O F1 P ?'25.2001 OF WASHINGTON ) KASHIV ): ss. " COUNTY OF FRANKLIN ) On this day personally appeared before me /wt kt, tome known to be the individual described in and who executed the (thin and foregoing instrument, and acknowledged that 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 �St4k f 1204. NOTARY PUB 1C in and for the State of Washington pbv R. F'/T Residing at Q� y1$SION Et,�iy My Commission Expires: O�a�AJ pOTAq}w '°UBLtG r� ��, 0 a1 '? Power of Attorney for Covenant on Utility Services \ :° �sr 25 1 (Resident Approval for Annexation) -2 11111111111111111111111111111111111111111111111111111111Pa6 1ge: 1 of 2 8P PASCO CITY OF POR 20,00 Franklin Co, WA WHEN RECORDED,PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to appose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -I 111111 Jill 1111111111111111111,111,1111Page: 2 of 2 658098928P PASCO CITY OF POR 20.00 Franklin Co, WA THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3115 Cabernet Court, Pasco, Washington, and more legally described as follows: Parcel# 118-122-086 Lot 4, /West Vineyard Estates DATED this day of C! Li aqD OWNERS: 116 MQ/ STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) �FFE2 On this day personally appeared before me &arR, to me known to be the individual5describ4jT1 and who executed tb thin and foregoing instrument, and acknowledged that heAhs signed the same as his r free and voluntary act and deed, for the uses and purposes therein mentioned. si ```+p++�Np sunder my hand and official seal this Z�� day ofilau—r .7 cc -0 0aNOTARy P • ° NOTARY PUB41C in and for the State of Washington Nt PUBLIC g$ Residing at �G" My Commission Expires: Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 11111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilIII1III1IP 658990zeP PASCO CITY OF pop 21.00 Franklin Co, WA WHEN RECORDED,PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco,WA 99301 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs; assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -] 1111111111 111111111111111111111111111 11111111658990 THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3312 Syrah Drive (Address), Pasco, Washington, and more legally described as follows: WEST VINEYARDS ESTATES LOT 23— Parcel No. 118-222-273 DATED this 41 —day of O NIERS: STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me 0Pl1'iSr S l+ak� to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 31 day of . NOTARY PUBLIC in and for the State of Washington B7AR ,y Residing at J� �C it 41 e iMy Commission Expires: � a 5 OYr' ° � Power of Attorney for Covenant on Utility Services 'r„ `�`gy0 (Owner Approval for Annexation) - 2 STATE OF WASHINGTON ) 1111111111111111111111111111111111111111 IIIIIIIIIIIIIP 658990z8P ):SS. PASCO CITY OF POA .00 Franklin Cc, WA COUNTY OF FRANKLIN ) On this day personally appeared before me 2I V(/L k).710 to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. 1�.fliven under my hand and official seal this day of o . - z;� Q'�.�r;.. .. ( l�.E.dlyild�JLd-- �,• wt,�-. ^CiV yl " u NOTARY PUBLIC in and for the State of Washington Residing at -RI.jW - �L. My Commission Expires: 03 -01- Z005 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -3 III II VIII VIII IIIIII IIII VIII II III II VIII IIII IIII O 165899751 :28P PPSCO CITY OF POP 21.00 Franklin Co, WP WHEN RECORDED, PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco,WA 99301 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attomey-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 111111 Jill 11111111111111 jIg 11111111 Page:1658997 2aP PASCO CITY OF POR 21.00 Franklin Co, WP THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3326 Svrah Dr (Address), Pasco, Washington, and more legally described as follows: WEST VINEYARDS ESTATES LOT 24— Parcel No. 118-122-282 DATED this 2L day of , WNERS: l . ST E OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me (156 W11/1qM , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 10 day of z&miwr 7 ��7 7 1���� ��ss10N fxa� �q. NOTARY P BLIC in and for the State of Washington �01� oTARrG Residing at 10 Cw`toZ My Commission Expires: - Z) N PUBOO ^ O Op Ylpf�v;� Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 111111111111183Pa/04/2005 658993zaP PRSCO CITY OF STATE OF WASHINGTON ) POR 21.00 Franklin Co, WR ): ss. COUNTY OF FRANKLIN ) L On this day personally appeared before me �—J' %Ci �U; Ili��Iklf , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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- Q/H!PY �{ P R, PIT on ExPM�y NOTARY U� and for the State of Washington Residing at Lti) lz✓�-,-I: IIIIIIIIIIIIiIIFIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP 658999zar WHEN RECORDED,PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco,WA 99301 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco,with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - I IIIIIIIVIIIIIIIIIIIIIIIIIIIVIIIlVIIIIIIIIIIII�IINIIP 658999zaa .00 Frwkiin Co, WA THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals, THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 8607 Maple Drive, Pasco, Washington, and more legally described as follows: Lot 5, Sunset Manor 2G<'w S10N EXpM y� Parcel# 118-130-144 Q' ��NOTARy`r N PUBI-NG o p�-� DATED this�tday of 9l G�sT 2J a� OF W ASS\ O ERS: S ATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) 11 On this day personally appeared before me PaAl f 16l tT 6e4l7t e/ to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 �6 day o f 6�11�� I -M41y -111 NOTARY PUBLIQ in and or the State of Washington Residing at / G C My Commission Expires: t Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 STATE OF WASHINGTON �. ss I IIIIII PASCO VIII OF (IIID IIII IIIIII VIII III(IIII IIII IIII Page:65899928P Franklin Co, WA COUNTY OF FRANKLIN ) On this day personally appeared before me RY'UC k t&ej rm�,- , to me ]mown to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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-15 day ofT SVP R• P/r NOTARY P LIC in and for the State of Washington a�ss%oe Ex- 4 Residing at 11) K Oi Q "o�O'VAR), My Commission Expires: cJ o p y r, 9P�„ 'VST. 25' OF WAS Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -3 1111111046608 03 322A PASCO CITY OF Pon 21,00 Franklin Co, WA WHEN RECORDED, PLEASE RETURN TO: City of Pasco Attn: City Planner 118-122-059 525 North 3rd 03103\CABERNET CT Pasco, WA 99301 KAPI M& NIKOLAY CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attomey-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -1 PAII�OIIITY OFPOA����������1111111P660'e 3 3zza Franklin C,, WA THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3103 Cabernet Ct (Address), Pasco, Washington, and more legally described as follows: WEST VINEYARD ESTATES LOT 1 Parcel No. 118-122-059 DATED this 23rd day of December, 2004 OWNERS: i Nikolay Kapitula "ex, STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me /U X14 1 k-te74-0)cl to me known to be the individual described in and who executed the with n and foregoing instrument, and acknowledged that 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 sea] this?34%ay of 4(260 T c � X04 AR Y --- PU®V`G r<r, NOTARY PU Cin and for the Stale of Washington / Residing at W My Commission Expires: a ,... Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 STATE OF WASHINGTON ) 111IM11IIIIIIIIIIIIIIIIIIIIIIIP Page: 3 03zza ): ss. Franklin Ca, wA COUNTY OF FRANKLIN ) On this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 NOTARY PUBLIC in and for the State of Washington Residing at My Commission Expires: Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -3 1111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP ge: 130/05/2005 22a PASCO CITY OF POR 21.00 Franklin Ca, WR WHEN RECORDED,PLEASE RETURN TO: City of Pasco Attn: City Planner 118-261-186 525 North 3rd 02515 ROAD 88 Pasco, WA 99301 HUDNALL,JOSHUA&AMY L CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or.covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -1 IIIIII VIII IIIIII IIIIII IIII IIID IIIIII III VIII IIII IIII046607 30229 PASCO CITY OF POA 21.00 Franklin Co. WR THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 2515 Road 88 (Address), Pasco, Washington, and more legally described as follows: SHORT PLAT 97-30 LOT 1 118-261-186 DATED this day of S 1„xA e. A00LA . OWNERS: ( STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) // On this day personally appeared before me �o l itei k'(dela l) , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 `2 1 _day of �i k,4 azb4 . '.—. NOTAR PUBLIC in and for the State of Washington cuMaar `9 Residing at LU ��'!1,(crn A 4 My Commission Expires: CLLt�, 0 tZ� i 2 a C s ?007 Power of Attorney for Covenant on Utility Services �k/tdG70 (Owner Approval for Annexation) -2 STATE OF WASHINGTON ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11I1IIIIIIIIIe Page: 3 o f 3 ss. ): COUNTY OF FRANKLIN ) CO CITY OF POA 21-00 Frankli, C,, WA On this day personally appeared before me j la00 V/MiX , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 seat this i2i day of 34 ;)JD 5(. NGELA q P` i�r� q�r NO'I'ARYIPUBLIC 'in and or the State of Washington f� 4i Residing at t c) ca NOr,�� 97. My Commission Expires: uc b Il MN �AGBUC Sr25, 2oO.r 0`a SHI ._. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -3 iIII�IIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIII)P 66002z2a PASPOR 21.00 Franklin Co, WA WHEN RECORDED,PLEASE RETURN TO: City of Pasco Attn: City Planner 118-271-228 525 North 3rd 08512 TRANKLIN RD Pasco, WA 99301 GARZA,JESSE&ODiLIA S CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco,with full power to do and perform any proper act required for annexation of said property, and waive my/our right to take any actions to oppose,challenge or invalidate such annexation: The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIII�IIP 66074222a PPSCO CITY OF POR 21.00 Franklin Co, WP THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 8512 Franklin Road (Address), Pasco, Washington, and more legally described as follows: SHORT PLAT 78-5 LOT 1 Parcel No. 118-271-228 DATED this 0l� day of p"vAbe, OWNERS: -tit STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me -CC� 1 I C, CIO i Z, k to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 l day of L� PR. Pllh Q SSwn Ex°'fR2 NOTARY UBLIC.in and or the State of Washington Q 14 ARy Residing at L t My Commission Expires: N� v PUBL�G ^ O 0 9j. GG'(igT 25'�`�C� OF W ASN\ Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 STATE OF WASHINGTON ) ss 1111111111111111111111111111111111111111111IIIIIIIIIIIIIP 1660742 3of 3 a COUNTY OF FRANKLIN ) PASCO On this day personally appeared before me _�e SS P L- a✓2 c , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 5 day of /j 0V,(16 Leer �604. 'TAR y NOTARY OPUBLIC in and for the State of Washington cA4 UBl Residing at a �G tip My Commission Expires: 644 "2 2 a �w�,UsT 2`�•\�yC9 �OF YJASN Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -3 IIIIII IIII III��IIIIII IIII III IIIIIII III IIIII II IIII P 16650750 z2PI PASCO C17Y OF POR 21.00 Franklin Co, WR WHEN RECORDED,PLEASE RETURN TO: City of Pasco Attn: City Planner 119-122-228 525 North 3rd 3311 ROAD 96 Pasco, WA 99301 MCWHORTER, DONALD& LINDA CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -1 IIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIII�IIIIIIIIIIIIIIIIIO/0607 5022A PASCO CITY OF POA 21.00 Franklin Cc, WA THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3311 Road 96 (Address), Pasco, Washington, and more legally described as follows: WEST VINEYARDS ESTATES LOT 18-- Parcel No. 118-122-228 ci DATED this "v day of i O NERS: '7 STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me r-)CS✓16d 4 �1 HGt)hovle r, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 4 day of hlmlsi b er,, W4. �P ss. P,l iy1 .r%C2 ���71�•r� .4 Ey� NOTARY PrJBLIC in and for the State of Washington Q ova• PSN Residing at (,i�l�C E A1C l �OTAR Y My Commission Expires: vT 2` T SN/ owe Pr of Attorney for Covenant on Utility Services OF 6�A •F_ (Owner Approval for Annexation) -2 STATE OF WASHINGTON ) ss. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1OF IIIIIIIIIIIIIIIIIIIa 660750/05/2005 zza COUNTY OF FRANKLIN ) On this day personally appeared before me ,� Al r Jbia+4-eY,, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 ��G day of k Nim&V- L�L p. R. %SS�ow FxP X92 NOTARY PUBLIC in and for t e State of Washington w°NpTggy9�^ Residing at I tJ ri(Al o Ale''t My Commission Expires: Ca,�5 N "U B o'- 2 G&ST 25 2. �G OPWAS Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -3 IINIIIIIIIIIIIIIIIIIIilillII04/05/2005I66059 22R Franklin Co, Wp WHEN RECORDED,PLEASE RETURN TO; City of Pasco 118-102-183 Attn: City Planner 9800 MAPLE DRIVE 525 North 3rd BATEY, GENE&JANICE(JR) Pasco,WA 99301 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and.do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco,with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attomey-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -1 IIIIIIIIIII IIIIII IIIIII IIII IIII IIIIIIIIII IIIIIIIII IIIIO 6600 59 22A PPSCO CITY OF POP 21.00 Franklin Cc, WR THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 9800 Maple Drive (Address), Pasco, Washington, and more legally described as follows: BASSWOOD ESTATES LOT A Parcel No. 118-102-183 DATED this_,4,�day of c_.c TES�z : Gr STATE OF WASH ON ) C` ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me - it C F:)qi j to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 Q�l day of L7fG�twtix:r D2 / �� /� 7� gyp, R. P/r G����� �i , X11 GYv� �Ca���gs�0ti 9 NOTARY in and o the State of Washington "�a0TAgy�� Residing at—/,,'-' My Commission Expires: (,u S ��C 7.' (P v pUST 2 a��G G L OF wf s�� Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 STATE OF WASHINGTON ): ss 111111111111111111111111111111111111111111111111111111P ge:/05/2005 3 59 Z:a COUNTY OF FRANKLIN PPSCO CITY OF POP 21.00 Franklin Co. ua On this day personally appeared before me I Ck f sr� 9 to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 seat this day ofOVLV� 20 R. PI Tia H �//� ��Sg10Fkpi�yy f Lalo\ lOTARrs NOTARY P BLI to and f r the S to of Washington Residing at tU rC I . in r PtlBL%O o My Commission Expires: GcsT 2, ryo c� SOF WASNv� Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -3 ( IIIIIIII152 Page: ge:II �e� 111111111111111111111111 zzaIlVIPon 0 Franklin C,, wn WHEN RECORDED,PLEASE RETURN TO: City of Pasco Attn: City Planner 118-102-184 525 North 3rd 9712 MAPLE DRIVE WELCH, DUANE&DEBORAH Pasco,WA 99301 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 1111MINNIN11184/05/2005I26607522:A Franklin Co, WA THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 9712 Maple Drive (Address), Pasco, Washington, and more legally described as follows: BASSWOOD ESTATES LOT 5 Parcel No. 118-102-184 DATED thibZ� day of �,�IIbS . ERS: p " STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 91 day of / tw/ ! w . NOTARYIPUBLIC in and,for the State of Washington Q $�. �s Residing at ��TARy My Commission Expires: G N PUlit�c' o^ p .k 9! 'VST 25' P�F wASN\e, Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 STATE OF WASHINGTON ) 660752 ss 1111111 VIII 111111 111111 IIII IIII 1111111 III IIIA IIII IIII P 2 2p COUNTY OF FRANKLIN ) PASCO OF POA 21 00 Franklin Co, WA On this day personally appeared before me QliCdY)Pto me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 C4m69,01- = D✓. 0N txpq 9y �lC° f X01 R i, NOTARY PUBLI jin and for the State of Washington Residing at o w� v pueVG : My Commission Expires: c?S, c7fly� SOF WAsv/ Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -3 IIIIII VIII IIIIII IIIIII IIII IIID IIIIII III VIII IIII IIII P 6607 6222A PASCO CITY OF POA 20.00 Franklin Co. WA WHEN RECORDED,PLEASE RETURN TO: City of Pasco Attn: City Planner 118-122-077 525 North 3rd 031071CABERNET CT Pasco,WA 99301 SISEMORE,MICHELLE ANN CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP 6600 62Zza PASCO CITY OF POA 20.00 Franklin Co, WA THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3107 Cabernet Court (Address), Pasco, Washington, and more legally described as follows: WEST VINEYARDS ESTATES LOT 3— Parcel No. 118J-122-077 DATED this�_day of Inde Ivtj ed bD . STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me )11 jrrZ x-11-e iSP/hoJt, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 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 f day of i VmA-er - P. P/7" 41, NOT�ARZ PUBLIC in and lbr the State of Washington EXp�9�P Residing at 4�O'T AR r My Commission Expires: �' d � N PU130o O M1 VIN N r'OST ?.''- 1� Power of Attorney for Covenant on Utility Services OF WAS (Owner Approval for Annexation) -2 IIIIII IIIII ILII)IIII IIIIII III IIII III III IIIII IIII IIII 07/13/2005 11:ISA Page:1666218 f 2 PASCO CITY OF POA 20.00 Franklin Co, WA WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Parcel No.: 118-312-068 Attn: City Planner 525 North 3' MCCORT,BRAD&CHERYL Pasco, WA 99301 02409\ROAD 94 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 /13/2003 11:16p IIICIIIICITY IIIII�IIIIIIIIIIIIIIIIIPOP�IIIIIIIIIIIIIIIIO 6662f 2 of 2 2 Page 20.00 Franklin Co. WA THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 02409 \ROAD 94 (Address), Pasco, Washington, and more legally described as follows: REPLAT MERRICK PARK ADD LOT 6, BLK 1 PARCEL NO. 118-312-068 DATED thisOq day of OWNEE - STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me MCCORT.BRAD & CHERYL,to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of(its I57 - NOTARY PUBIAC in and for the State of Washington aGELA q A Residing at W Richland My Commission Expires: August 25, 2007 Sr25. 2° -0? wASHING Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 IIIIII VIII IIIIII IIII IIIIII IIIIII VIII III VIII IIII IIII 0�70�7446A PRSCO CITY OF FOR 33.00 Franklin Co. NR WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Parcel No.: 118-313-049 Attn:City Planner 525 North 3rd BAKER,GREGORY&SUSAN Pasco,WA 99301 09404\W RICHARDSON RD CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities .beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -1 111111111111111111111111111111111 11ill 11[1111111111111167097446A PASCO CITY OF POA 33.00 Franklin Co, WA THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 09404\W RICHARDSON RD (Address), Pasco, Washington, and more legally described as follows: NEDRICH SUBDIV, LOT 6,BLOCK I PARCEL NO. 118-313-049 DATED this_-�() day of 1a' 6b S . OWNERS: STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me BAKER.GREGORY& SUSAN,to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this ':W day of &u 461- ��9viPvt-- NOTARY PUBLIC in and for the State of Washington Residing at W Richland My Commission Expires: August 25,2007 p. Plr4f. pFrJy,OR Epj ti c �OtARV 9 PUBV'NO,to°p OF W A5 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 Page: 04/I of 46p POA 33.00 Franklin Co. WA WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Parcel No.: 118-312-086 Attn: City Planner 525 North 3`� FIFER DAVID&KRISTEN Pasco, WA 99301 09305\W COURT ST CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attomey-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 PIIIIIIVIIIIIIIIIIIIIIIIIII�i���IIIIIIIVIIIIIIIIIII Page: 2 of 2 6A Frankiin Co, WA THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 09305\W COURT ST (Address), Pasco, Washington, and more legally described as follows: REPLAT MERRICK PARK ADD LOT 8, BLK 1 PARCEL NO. 118-312-086 DATED this ✓'q day of _ 1-205- OWNERS: 205—OWWNERSS: STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me FIFER,DAVID& KRISTEN,to me known to be the individual(s)described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this ��% day doff u 14 A �NGE(9 � cGt it • A'�l � NOTARY PURI IC in and for the State of Washington ra Wtw��i q Residing at W Richland yr svo> 'A My Commission Expires: August 25,2007 c G "P m ¢ a 2 ?s 200 �shiNGTON Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 iIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII0IIIIIP 1666233 : Iof 2 6q WHEN RECORDED, PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Parcel No.: 118-271-399 Attn: City Planner 525 North 3rd JOHNSON,WENDY Pasco, WA 99301 02408\ROAD 84 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property,the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose; challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Resident Approval for Annexation) -1 III IIIIIIIIIIIIIP 66623316A PASCO CITY OF POR 20.00 Franklin Co. WP THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 02408\ROAD 84 (Address), Pasco, Washington, and more legally described as follows: SHORT PLAT 90-8 LOT 2 PARCEL NO. 118-271-399 DATED this 13 day of OWNERS: STATE OFWASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me JOHNSON,WENDY, to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of NOTARY PUB IC in and for the State of Washington '�OEU1 R Air Residing at W Richland My Commission Expires: August 25,2007 to NOT, A. Z a K�1SH{Na Power of Attorney for Covenant on Utility Services (Resident Approval for Annexation) -2 Zona G.Lenhart,Auditor,Franklin County.WA. AFN=1742969 Recorded 1112412009 at 09:48 Ah' DocType:POA 2 Page(s)Filing Instrument$63.00 Recorded at the request of: PASCO CITY OF WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA09-076 Attn: City Planner Parcel No.: 118-161-073 525 North 3' Bary D. &Deanna Elison Pasco,WA 99301 3306 TURQUOISE CT CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs,assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attomey-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3306 TURQUOISE CT, Pasco, Washington, and more legally described as follows: CHIAWANA ESTATES LOT 13 PARCEL NO. 118-161-073 DATED this O day of n/w ,4� OWNERS: STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me Bary D.&Deanna Elison,to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this 9 day of OJP>lilt>' ?.4119 a Notary Shing NOTARY PUBLIC in and for the State of Washington Public $tate of Washington ANGELA R. PITMAN Residing at W Richland MY COMMI63Ih EXPIRES My Commission Expires: Aueust 25.201 I Augus125,2011 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 Zona G.Lennart.Auditor.Franklin County WA. AFN#1743294 Recorded 1210212009 at 12:28 Pt OocType:PDA 2 Pagelsl Filing Instrument$63.00 Recorded at the request of:PASCO CITY OF WHEN RECORDED, PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA09-079 Attn: City Planner Parcel No.: 118-140-299 525 North 3d SISEMORE,JOHN& MEGAN Paseo,WA 99301 3721 ROAD 92 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that propose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3721 ROAD 92, Pasco, Washington,and more legally described as follows: MEADOW MANOR ACRES#2 LOT 2 BLOCK 1— PARCEL NO. 118-140-299 DATED this 30 day of NoVem OWNERS: _.-- STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me SISEMORE,JOHN & MEGAN,to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned. Given under my hand and official seal thisday of �2f26y9 Notary Public NOTARY PUBLIC in and for the State of Washington State of Washington Residing at W Richland ANGELA R. PITMAN My Commission Expires: August 25, 2011 MY COMMISSION EXPIRES August25.2011 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 Zona G.Lennart.Auditor.Franklin County.WA. AFN a 1743295 Recorded 12+o212009 at 12:28 PM,, DocType:POA-2 Pageist Filing Instrument$63.00 Recorded at the request of:PASCO CITY OF WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref AA09-081 Attn: City Planner Parcel No.: 118-152-192 525 North 3`d CHAVERS,CARL&BETTY Pasco, WA 99301: 9108 TUSCANY DR CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco,with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned.or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 9108 TUSCANY DR,Pasco, Washington, and more legally described as follows: TUSCANY ESTATES LOT 3 PARCEL NO. 118-152-192 DATED this /'r day of DacCN.r.L— , ZoOl . OWNERS: STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me CHAVERS,CARL&BETTY,to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this I day of N6?4v =R. NOTARY BLIC in and for the State of Washington blic Residing at W Richland intonTMAAtMy Commission Expires: August 25.2011 XPIREStt Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 Zona G.Lennart,Auditor,Franklin County,WA. AFN#1744629 Recorded 0L05t2010 at 03:57 Pr' OocType: POA 2 Page(sl Filing Instrument$03.00 Recorded at the request of: PASCO CITY OF WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA09-082 Attn: City Planner PFUNDHELLER,BRENT&JANICE 525 North 3d Parcel No.: 118092098 Pasco, WA 99301 3513 CHARDONNAY DR FOX HOLLOW LOT 8 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attomey-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3513 CHARDONNAY DR, Pasco, Washington,and more legally described as follows: FOX HOLLOW LOT 8 PARCEL NO. 118092098 DATED this S day ofL)e(1e " b tr WNERS: STATE OF WASHINGTON ) ): ss. COUNTY OF On this day personally appeared before me PFUNDHELLER,BRENT&JANICE, to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. —t� Given under my hand and official seal this S daffy,ofd e`v , c A NOTARY PUBLIC in and for the State of Washington ON Residing at P B n LAV I J C._ � � tP My Commission Expires: a7 - /6 �D/1 O is • .� PUBti AGR OF W Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 Zona G.Lenhart,Auditor,Franklin County,WA. AFN#1744906 Recorded Ob 1312010 at 03:04 PPI DocType:POA 2 Page�sl Filing Instrument$63.00 Recorded at the request of:PASCO CITY OF WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA10-002 Attn: City Planner RADLE,MICHAEL 525 North 3rd Parcel No.: 118161070 Pasco,WA 99301 3407 CORAL CT CHIAWANA ESTATES LOT 10 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3407 CORAL CT, Pasco, Washington, and more legally described as follows: CHIAWANA ESTATES LOT 10 '' PARCEL NO. 118161070 DATED ips iL day of 0 OWNERS: 6 STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me RADLE, MICHAEL, to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. w9:... �„ //\ iiyen under my hand and official seal this U y of �h fn",Qy'"., NOTARY PUBLIt in an or the State of ashington * RUB L I C Residing at LU iekdapd lC 5, co My Commission Expires: AygwoU244 ... ''.fit pf•., ?N� �oi` 7 I/ r�l�tlll l il,ttt\a Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 From:CITY OF PASCO COMM DEVELOPMENT 509 545 3499 02/28/2010 09:12 #012 P.002/003 Zona G.Lenhart.Auditor.Franklin County.WA. AFN#1747520 Recorded 0311W2010 at 03:58 Pt nocType:POA 2 Pageisi Filing Instrument$63.00 Recorded at the request of:PASCO CITY OF WHEN RECORDED, PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA10-012 Attn: City Planner BROWN,CARYLE 525 North 3' Parcel No.: 118092118 Pasco, WA 99301 3120 CHARDONNAY DR FOX HOLLOW LOT 28 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest; covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 From:CITY OF PASCO COMM DEVELOPMENT 509 545 3499 02/26/2010 09:13 #012 P.003/003 sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3120 CHARDONNAY DR Pasco, Washington,and more legally described as follows: FOX HOLLOW LOT 28 PARCEL NO. 118042118 DATED this%(L day of 4EBQI(ARy 01010 . OWNERS: nn STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me BROWN,CARYLE to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. .}h Given under my hand and official seal this 2!o day ofFe�rygT Z00 , NOTARY PUBLIC in and fpr the State of Washington Now wt[aNe a"W� Residing at i^ 11111NAAGA" My Commission Expires: ©7 23 2Q I Z. my AppgttltMl wapiam Aix 22,2012 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 Zona G.Lenhart,Auditor.Franklin County,WA. AFN u 1749365 Recorded 04129(2010 at 03:28 Pd DocType:POA 2 Page(sl Filing Instrument$63.00 Recorded at the request of:PASCO CITY OF WHEN RECORDED, PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA10-022 Atm: City Planner Gardner,Andrew J&Katie 525 North 3`s Parcel No.: 118161071 Pasco,WA 99301 8604 STERLING RD CHIAWANA ESTATES LOT 11 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property,the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties .and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 8604 STERLING RD, Pasco, Washington, and more legally described as follows: CHIAWANA ESTATES LOT 11 PARCEL NO. 118161071 DATED this 28 day of 44l 1z 2010. OWNERS: O160 J r9A-v0DA (An qw J ardner) i (Ka e Gardner) STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me Gardner,Andrew J & Katie, to me known to be the individual(s) described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned. Given under my hand and official al this �,D'dayofaPa2010 Notary NOTARY PUBLIC in for the State of Washington CASSANDRA M. FRANKLIN State of Washington Residing at to8D5 w1.Ctm u)o*trUa e,S+e Rt D Y�re-w,c k-,'a%l MY COMMISSION EXPIRES My Commission Expires: Q3 201S `Ffaae July 03,2013 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 Zona G.Lenhan,Auditor,Franklin County,WA, AFN#1749992 Recorded 03/11/1010 at 01:19 PPA DocType:POA 2 Page{sl Filing Instrument$63.00 Recorded at the request o1:PASCO CITY OF WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA10-024 Attn: City Planner SALL,BARB&GARY 525 North 3rd Parcel No.: 118152199 Pasco, WA 99301 3220 SORENTO CT TUSCANY ESTATES LOT 10 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3220 SORENTO CT, Pasco, Washington, and more legally described as follows: TUSCANY ESTATES LOT 10 PARCEL NO. 118152199 DATED this JL day of ft n(0. OWNERS: S WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me SALL, BARB & GARY, to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal i jM�ay o� � S. L, >QUARIUS K NOTARY PUBLIC 4NOR�rP BLIC in and for the State of Washington STATE Of WASHINGTON Kennewick COMMISSION EXPIRES My Commission Expires:January29, 2014 8 JANUARY 29. 2014 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 Zona G.Lenhart,Auditor.Franklin County.WA. AFN S 17$0343 Recorded 05/2012010 at 12:26 Pt.1 DocType:POA 2 Page(s)Filing Instrument$63.00 Recorded at the request of:PASCO CITY OF WHEN RECORDED, PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA10-025 Attn: City Planner COOPER,GARY&SUSAN 525 North 3'" Parcel No.: 118152200 Pasco, WA 99301 3304 SORENTO CT TUSCANY ESTATES LOT 11 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attomey in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3304 SORENTO CT, Pasco, Washington, and more legally described as follows: TUSCANY ESTATES LOT 11 PARCEL NO. 118152200 DATED this 15 day of /f-la' T tERS: STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me COOPER,GARY & SUSAN, to me known to be the individual(s)described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official al his 0—day o 1 S. L AQUARIUS NOTARY PUBLIC Aqu rius STATE Or WASHINGTON NOTARY PUBLIC in and for the State of Washington COMMISSION EXPIRESResiding at Kennewick JANUARY g p074 My Commission Expires: 1/29/2014 wuv® Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 Zona G.Lenhart,Auditor,Franklin County.WA. AFN z 1751535 Recorded 0646/2010 at 02:41 Pr9 DocType:POA 2 Pageisi Filing Instrurnent$63.00 Recorded at the request of:PASCO CITY OF WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA10-030 Attn: City Planner LITTLE,DAVID&CYNTHIA 525 North 3`d Parcel No.: 118152202 Pasco,WA 99301 3301 SORENTO CT TUSCANY ESTATES LOT 13 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3301 SORENTO CT, Pasco, Washington, and more legally described as follows: TUSCANY ESTATES LOT 13 PARCEL NO. 118152202 DATED this day of , & n , -0 0. ERS OW , y STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me LITTLE,DAVID & CYNTHIA,to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein men Toned. Given under my hand and official s is L_day of ( �D . S, t_. AQUARIUS N R PUBLIC in and for the State of Washington NOTARY PUBLIC Residing at Kennewick STATE COMMISSION EXPIRES My Commission Expires:January 29,2014 JANUARY 29. 2014 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 Zona G.L.enhart.Auditor,Franklin County,WA. AFN#1752948 Recorded 07/13/2010 at 03:42 Ph1 Doc Type:POA 2 Page(s)Filing Instrument,463.00 Recorded at the request of:PASCO CITY OF WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref. AA10-047 Attn: City Planner NEFF,MATTHEW L&JILLIAN 525 North 3rd Parcel No.: 118092097 Pasco, WA 99301 3417 CHARDONNAY DR FOX HOLLOW LOT 7 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3417 CHARDONNAY DR, Pasco, Washington, and more legally described as follows: FOX HOLLOW LOT 7 PARCEL NO. 118092097 DATED this A day of S (v T OW ET� O STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me NEFF, MATTHEW L&JILLIAN,to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal In day o�(i{UI D 4�--' NOT Y MJRLIIC in and for the State of Washington & L AQUARIUS Residing at Kennewick NOTARY PUBLIC My Commission Expires: January 29,2014 STATE OF WASHINGTON COMMISSION EXPIRES JANUARY 29. 2014 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 Zona G Lenham.Auditor.Franklin County,WA. AFN a 1754740 Recorded trapm2010 at 10:43 AM DocType:POA 3 Page(s)Filing Instrument$64.00 Recorded at the request or.PASCO CITY OF WHEN RECORDED, PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA 10-043 Attn:City Planner PETTIT,MATTHEW&TERA 525 North 3`d Parcel No.: 118092111 Pasco,WA 99301 3516 RIESLING CT FOX HOLLOW LOT 21 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs; assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shalt be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - I sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3516 RIESLING CT, Pasco, Washington, and more legally described as follows: FOX HOLLOW LOT 21 // PARCEL NO. 118092111 DATED this tP day of 20(O. Matt ew ettit STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me PETTIT,MATTHEW,to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and officials al his A day of U . S. L. AQUA R I U S PTARYPIJULIC in and for the State of Washington NOTARY PUBLIC Residing at (y !� STATE OF WASHINGTON My Commission Expires: 40 94 COMMISSION EXPIRES JANUARY 29. 2014 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 OWNS G Tert STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me PETTIT, TERA, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Giv%.uAdkr my hand and official seal this /9-�' day of Sl"APp�hgr a 0%4 tXp;4,� ��It, NOTARY PUBLIC in and for thaCWte of Washington a z z Residingat 040-�-�i/a er c < = My Commission Expires: S-�o�I _;fir °-; `.rte'.' 44 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 3 Zona G.Lenhart,Auditor,Franklin County,WA. AFN u 1756171 Recorded 99122/2010 at 04:40 PN, DocType:POA 2 page(s)Filing Instrument$63.00 Recorded at the request of:PASCO CITY OF WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AAIO-074 Attn: City Planner Brian L. &Kathy L.Killand 525 North 3rd Parcel NO.: 118092116 Pasco, WA 99301 3304 CHARDONNAY DR FOX HOLLOW LOT 26 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its conmlitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 sign a petition for annexation of such real property to the City of Pasco to maintain. eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3304 CHARDONNAY DR, Pasco, Washington,and more legally described as follows: FOX HOLLOW LOT 26 PARCEL NO. 118092116 DATED this ,g./Irday of. /6 STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me Brian L.& Kathy L. Killand, to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned. Given under my hand and official sea t is / day of Q�p S. I AUIU;ARIUS NO TAR'Y %L91-1c NO AR PUBLIC in and for the State of Washington J STATE OF WASHINGTON Residing at Pasco COMMISSION EXPIRES My Commission Expires:January 29,2014 JANUARY 29, 2014 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 Zona G.Lenhart.Auditor,Franklin County.wA. AFN#1757089 Recorded 1011212010 at 02:28 Pf I DocType:POA 2 Page(s)Filing Instrument$63.00 Recorded at the request of:PASCO CITY OF WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA10-078 Attn: City Planner SCHAFFER, JOHN B&MARY E 525 North 3rd Parcel No.: 118311121 Pasco, WA 99301 9401 W RICHARDSON RD SHORT PLAT 86-5 LOT 4 EXCEPT FOR N 30'FOR FUTURE ROAD EASEMENT— CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures.are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 9401 W RICHARDSON RD, Pasco, Washington, and more legally described as follows: SHORT PLAT 86-5 LOT 4 EXCEPT FOR N 30' FOR FUTURE ROAD EASEMENT- PARCEL NO. 118311121 DATED this-Ft—day of Mid S: C FTE WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me SCHAFFER,JOHN B& MARY E,to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned. Given under my hand and official s I his JL*day of� -' [SITAIF QUARIUS R UBLI in and for the State of Washington NOTARY PUBLIC Residing at Kennewick F 'WASHINGTONMy Conmiission Expires:January 29,2014 Si )N EXPIRES N4 29. 2014 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 Zona G. Lennart.Auditor,Franklin County,WA. AFN u 1757803 Recorded 10i2W2010 at 02:28 PM DocType:POA 2 Pagelsl Filing Instrument$63.00 Recorded at the request of;PASCO CITY OF WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref AA 10-081 Attn: City Planner HENDERSON,PATRICK&KAREN 525 North 3'd Parcel No.: 118161074 Pasco, WA 99301 3314 TURQUOISE CT CHIAWANA ESTATES LOT 14 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. 1. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3314 TURQUOISE CT, Pasco,Washington,and more legally described as follows: CHIAWANA ESTATES LOT 14 PARCEL NO. 118161074 DATED thi Z2 day of �)Q ZONWERS: STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me HENDERSON, PATRICK& KAREN, to me known to be the individual(s) described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned. Given under my hand and officials 1 is 6X day of ON 0 q i rN R UBLIC in and for the State of Washington f i�Tu 5`ATt Ot r;ASNC79GTiri 0N idmg at Pasco HIN l� My Commission Expires:January 29.2014 (,00JA1iSS utN r"XPIRES t JANUARY 'J_9 2014 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 AFN#1761242 POA 01/11/2011 12:08 PM J Page(s)$64.00 Matt Beaton.Auditor Franklin co„WA WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AAIO-087 Attn: City Planner Klint R. &Karen R. Johnson 525 North 3`d Parcel No.: 118162033 Pasco, WA 99301 8715 W BELL ST ARAMBEL SUBDIV LOT I, BLK 1 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest; to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attomey-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - I sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 8715 W BELL ST,Pasco, Washington, and more legally described as follows: ARAMBEL SUBDIV LOT 1, SLK 1 PARCEL NO. 118162033 DATED this f'1'`—day of ou p, r 0�d �OWNERS: 1 STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me Karen R.Johnson,to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged thathe/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of Nbwww �U(� NOTARY PUBLIC in and for the State of Washington =R. lic Residingat IiJks1 /21C�1°tLt o� ington My Commission Expires: Qkrl. 95, Z/%/d TMAN `UEXPIRES11 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 OWNERS: STA HINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me Klint M.Johnson,to me known to be the individual(s)described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this W day ofNoVQrnbeg---a0I0 0 ` T)n1b,,Qjc. NOTARY PUBLIC in and for the State of Washington ErNOTARY REC Residing at. (MJ1 Sttt\ , cc) My Commission 13xpires: lay ICA ,ao13 UBLIC SHINGTON EXPIRES 2013 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 3 AFN#1761626 POA 01/271201102:16 PM 3 Pagetsl:6Coo Matt Beaton,Auditor Franklin Co..WA WHEN RECORDED, PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA10-082 Attn: City Planner GREENAWAY,BRIAN &JOLEEN 525 North 3ed Parcel No.: 118161069 Pasco, WA 99301 3415 CORAL CT CHIAWANA ESTATES LOT 9 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our light to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described. below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - i sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3415 CORAL CT, Pasco, Washington,and more legally described as follows: CHIAWANA ESTATES LOT 9 PARCEL NO. 118161069 DATED this 2 �I G day of CkjObe-v-_, 20) . OWNERS: oleen Greenaway STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me GREENAWAY,JOLEEN, to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. /1 Qr'U.h Given under my hand and offici=1tA�daiy ofa4 R!U S N R UBLIC in and for the State of Washington nji i'Ud� v Residing at Pasco rT4'i Jr usJ,S`iINGTgN - YPiRES My Commission Expires: January 29,2014 � " JANiiAR,, i4 '014 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 OWNERS: Brian Greenaway STATE OF WASHINGTO ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me GREENAWAY,BRIAN, to me known to be the individual(s)described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and officiI seal this n7 (d�a�y�ofcXA _ NOTARY PUBLIC in and for tile State of Washington Notary Public' Residing at ' KU-3/ 1(hy� ,�a� Astate of Washington My Commission Expires: t,J(,{ p1pi DONNA M MENDENHALL ' My Appointment Expires Oct 24,2011 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -3 AFN#1763035 POA 02123t2011 11:36 AM 2 MOM$63.00 Man Geatoo,Aadder Franklin Co..WA WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA2011-003 Attn: City Planner REYNOLDS,GALE&SUE 525 North 3`d Parcel No.: 118092091 Pasco,WA 99301 3113 CHARDONNAYDR FOX HOLLOW LOT t CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco,with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attomey-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3113 CHARDONNAY DR, Pasco, Washington, and more legally described as follows: FOX HOLLOW LOT 1 PARCEL NO. 118092091 DATED this 15-day of jtj� B OWNERS: STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me REYNOLDS,GALE& SUE, to me known to be the individual(s) described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. / Given under my hand and official seal is �5day o LNOTARY L i,(; ,JARIUS NO RY P BLIC in and for the State of Washington PUBLIC Residing at Pasco E OF WASHINGTON My Commission Expires:January 29,2014 MISSION EXPIRES NUARY 29, 2014 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 AFN#1706862 POA 061261201103:54 PM 2 Pagelsl 863.00 Matt Beaton,Auditor Franklin(:o..WA WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref AA2011-011 Attn: City Planner MORRELL, RICHARD WILLIAM(JR) 525 North 3'' Parcel No.. 118092107 Pasco,WA 99301 3617 RIESLING CT FOX HOLLOW LOT 17 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco,with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose,challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may resultin the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - I sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3617 RIESLING CT, Pasco, Washington, and more legally described as follows: FOX HOLLOW LOT 17 PARCEL NO. 118092107 /7 DATED this_'5 day of _&Q V OWNERS: STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me MORRELL, RICHARD WILLIAM (JR),to me known to be the individual(s)described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal t ay of �. _ y [NO �i1�' A R!U S NOT P BLIC in and for the State of Washington TA�t'/ PUBLICResiding at Kennewick E OF WASHINGTON My Commission Expires: January 29. 2014 MISSION EXPIRESNUARY 29. 2014 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 AFN#1789172 POA 10/02/2012 02:30 PM 2 Page(s)$73.00 Matt Beaton,Auditor Franklin Co..WA WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA2012-047 Attn: City Planner MICHAEL&DEBORAH SMILIE 525 North 3rd Parcel No.: 118291215 Pasco,WA 99301 2808 ROAD 97 PTN NW4 20-9-29 DAF; BEG AT SW COR LOT 5,BLK 1,MOONLITE ACRES;TH A LG S LN SD LOT 5,S 871345'E,2 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 2808 ROAD 97, Pasco, Washington, and more legally described as follows: PTN NW4 20-9-29 DAF; BEG AT SW COR LOT 5,BLK 1, MOONLITE ACRES; TH A LG S LN SD LOT 5, S 87D45'E,2 PARCEL NO. 118291215 DATED this l—dayof-�=Tj6Lqj&9r, jj. OWNERS: f'AJ lj I STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me MICHAEL&DEBORAH SMILIE,to me known to be the individual(s)described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this 144 day of stP}e"W�LXj Lot 2- NOTARYPUBLIC in and for the State of Was mgton State of Wnhin" Residing at Pasco KRYSTLE L.SHANKS My Commission Expires:January 5. 2016 MY COMMISSION EXPIRES 1—Janutuys.2016 Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 AFN p 1782683 POA 06/16/2012 10:53 AM 2 Pageis1863.00 Matt Beaton,Auditor Franklin Co..WA WHEN RECORDED,PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA2012-023 Attn: City Planner Charles W.&Julie A. Coleman 525 North 3`4 Parcel No.: 118122104 Pasco, WA 99301 3205 SYRAH DR WEST VINEYARDS ESTATES PTN LOT 6 AND PTN LOT 1 SHORT PLAT 79-17 DESC ON RS#1694876 TRACT 3 CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - 1 sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 3205 SYRAH DR, Pasco,Washington, and more legally described as follows: WEST VINEYARDS ESTATES PTN LOT 6 AND PTN LOT 1 SHORT PLAT 79- 17 DESC ON RS#1694876 TRACT 3 PARCEL NO. 118122104 DATED this 4 day ofIn OUI), , 7RS' -� C� STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me Charles W.&Julie A.Coleman,to me known to be the individual(s)described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. I Given under my hand and official seal this � day of �/,t o101a . MD NOTARY LIC in and for the State of Washin on Residin at 2 g W 5 AVa9S a015 S My Commission Expires: Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 I�IIII ICO ��II IITY IIII III IIID Iilillll VIII III VIII IIII IIII Page: e8A WHEN RECORDED, PLEASE RETURN TO: OWNERSHIP OF: City of Pasco Ref: AA06-063 Attn: City Planner Parcel No.: 118-313-192 525 North 3'" SHRUM,HUBERT A&ANN Pasco, WA 99301 9504 W RICHARDSON RD CITY OF PASCO POWER OF ATTORNEY FOR COVENANT ON UTILLITY SERVICES (OWNER APPROVAL FOR ANNEXATION) IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or water utilities beyond the City limits of the City of Pasco, and its commitment for providing such services for the benefit of the below-described real property, the undersigned do hereby warranty that they are owners of said real property and do on their own behalf and on behalf of their heirs, assignees and successors in interest, covenant to annex the below-described real property to the City of Pasco, Washington, at such time as such property is eligible for annexation, and do hereby for that purpose designate the City of Pasco and its officers as my/our attorney in fact for the purpose of signing any petition or other statutorily required instrument for annexation of said property to the City of Pasco, with full power to do and perform any proper act required for annexation of said property; and waive my/our right to take any actions to oppose, challenge or invalidate such annexation. The undersigned Owners acknowledge that the City of Pasco's consent for the extension and the continued providing of sewer and/or water utility services is based solely upon the warranties and covenants provided above. The failure of the undersigned or the heirs, assignees and successors in interest, to fulfill such warranties or covenants may result in the City of Pasco's withdrawal or termination of utility services to the below-described property. The undersigned Owners shall require that all qualified registered voters residing at the real property described below shall be required to execute a limited Power of Attorney designating the City of Pasco and its officers as attorney-in-fact to sign a petition for annexation of such real property to the City of Pasco to maintain eligibility to receive City water services. Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) - I 1111111111111111111111111111111111111111111111111111111 P 169245/97/2006 11:08A PASCO CITY OF POA 33,00 Franklin Co, WA THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited Power of Attorney shall not be affected by the disability of any of the principals. THIS COVENANT is intended to and shall run with all or any portion of the real property described below and shall bind all heirs, assigns, transferees, and subsequent successors in interests. The property is located at 9504 W RICHARDSON RD, Pasco, Washington, and more legally described as follows: NEDRICH LOT 3 BLK 1— / PARCEEL1 NO. 118p-192 DATED this l day of �JGrr OWNERS: T STATE OF WASHINGTON ) ): ss. COUNTY OF FRANKLIN ) On this day personally appeared before me SHRUM, HUBERT A&ANN,to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. y1 Given under my hand and official seal this�day of yobbev Pow- an . 'zl't . A�a' NOTARY PUBLIC in and for the State of Washington R Residing at W Richland Piy4f' My Commission Expires: August 25,2007 tyOTAI? N N U800o� C G o r 25 R G Op WASMta Power of Attorney for Covenant on Utility Services (Owner Approval for Annexation) -2 AGENDA REPORT NO. 11 FOR: City Council March 4,2015 TO: Dave Zabell, City Manager Ahmad Qayoumi, PE, Public orks Directo �A orkshop Mtg.: 04/13/2015 '^` FROM: Kent McCue, Construction Manager �- )A Regular Mtg.: 04/20/2015 SUBJECT: Archer Estates, Phase 1 Water System Extension Agreement(Dent Road) I. REFERENCE(S): 1. Archer Estates—Vicinity Map 2. Archer Estates—Agenda Report,Water Extension Agreement 3. Archer Estates—Agenda Report, Amendment 1 —Water.System Extension 4. Archer Estates—Proposed Agreement H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 04/13: Discussion 04/20: MOTION: I move to approve the Water System Extension Agreement with Big Sky Developers, LLC. and, further, authorize the City Manager to execute the Agreement. III. FISCAL IMPACT: Water Utility Fund($44,253.45) IV. HISTORY AND FACTS BRIEF: A) Big Sky Developers owns a 37.85 acre parcel of land along Dent Road, north of Burns Road, and is planning for the subdivision and development of single family residences on the parcel. The parcel currently lies outside the City boundaries,but within the Pasco Urban Growth Area (UGA). Consequently, the owner has determined it most appropriate for their development to connect to City water for domestic use. B) The Developer has coordinated with City staff over the past several months to identify an appropriate extension of the City's water system. It was determined that there was a need to upsize 2,609 linear feet of pipe from 8"to 12". A Water System Extension Agreement has been drafted to memorialize the obligations of the Developer and the City, respectively, in terms of cost-sharing for the extension, as well as design requirements, annexation agreements and water rights. In essence, the Developer will pay the cost equivalent to an 8" waterline (minimum size) the entire length of the extension, while the City will pay the incremental increase in cost between the 8" pipe system and the actual pipe size required to function as a distribution main for the water system and serve the larger vicinity in the future (this will avoid duplicate line installations in the future). C) Previously, in October 2013, Council approved a similar Water Extension Agreement with Big Sky Developers, LLC and Ted Tschrky. At that time, it was determined by Council that it was in the best interest of the City to cost-share the expenses to "oversize"the waterline so it could function as a distribution main for the water system and serve the larger vicinity after future development. 10(b) D) In anticipation of future development, the Developer and the City Engineer verbally agreed to the terms of this agreement. The verbal agreement took place approximately in May 2014, prior to the commencement of the design of the current project. E) The City's share of the extension project shall not exceed $44,253.45, or about 26% of the total project cost. The Developer will pay the balance of the project costs and the City will provide them a "Latecomer Agreement," whereby future connections to the water main will reimburse the Developer their fair share of the Developer's expense not attributable to their own property. Participation in the Developer's extension results in a much lower cost project, as it is a private project not subject to prevailing wages; consequently, the City's cost is likewise lower. F) The Agreement includes a provision to ensure the development provides for or offsets their consumption of the limited pool of water rights owned by the City. The calculation of average domestic use by a home which has separate lawn irrigation water is .45 acre-feet. At a market value of$1,500 per acre-foot, that represents approximately $700 per dwelling unit. The Agreement provides for payment of that amount before the City accepts the waterline improvements. However, staff intends to propose an ordinance for Council's consideration in the near future to establish that fee as part of the cost of connecting a new home outside the City boundary to the City's water system (currently, new homes outside the City are not compensating the City for the water rights they are consuming). V. DISCUSSION: A) The proposed agreement ensures appropriate extension of the City's water system to a portion of its UGA that is quite likely to experience growth over the next decade. If not extended, development will either not occur at all or will occur with wells and septic tanks on one acre lots. The latter scenario would frustrate the logical extension of the water system over time, eventually increasing costs for rate payers and retarding development values. B) Staff recommends approval of the Water System Extension Agreement as presented. WATER SYSTEM EXTENTION AGREEMENT BIG SKY DEVELOPMENT, I( JECT PERTY BURNS t A� 1 . AGENDA REPORT TO: City Council i October 10,2013 FROM: Gary Cmtchfi01 anager Workshop Mtg.: 10/14/13 Regular Mtg.: 10/21/13 SUBJECT: Water Extension Agreement(Bums/Kohler Roads) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Agreement H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/14: Discussion 10/21: MOTION: I move to approve the water system extension agreement with Big Sky LLC and Ted Tschrky and, further, authorize the City Manager sign the agreement. III. FISCAL IMPACT: Water Utility Fund($290,000) IV. HISTORY AND FACTS BRIEF: A) Owners of two parcels of land in the northwest quadrant of the Pasco Urban Growth Area (UGA) have planned for residential development of their respective parcels. Both parcels are currently outside the city boundaries but within the Pasco UGA. Consequently, they have determined it most appropriate for their developments to extend city water for domestic use. Doing so allows half-acre lots with septic tanks, rather than one-acre lots with septic tank and on-site well. Franklin County has approved the zoning to accommodate half-acre lots dependent on city water service and is scheduled to approve the fust plat later this month. B) The developers (Big Sky LLC and Ted Tschrky) have coordinated with city staff over the past several months to identify an appropriate extension of the city's water system. A water extension agreement has been drafted to memorialize the obligations of the developers and the city, respectively, in terms of cost-sharing for the extension as well as design requirements, annexation agreements and water rights. In essence, the developers will pay the cost equivalent to an 8" waterline (minimum size) the entire length of the extension, while the city will pay the equivalent cost of "oversizing" the waterline (to 12" and 16" sizes) so it can function as a distribution main for the water system and serve the larger vicinity in the future(this will avoid duplicate line installations in the future). C) The city's share of the extension project will not exceed$290,000, or about 43 percent of the total project cost. The developers will pay the balance of the project costs and the city will provide them a "latecomer agreement", whereby future connections to the water main will reimburse the developers their fair share of the developers' expense not attributable to their own properties. Participation in the developers' extension results in a much lower cost project, as it is a private project not subject to prevailing wages;consequently, the city's cost is likewise lower. D) The agreement includes provision to ensure the developments provide for or offset their consumption of the limited pool of water rights owned by the city. The calculation of average domestic use by a home which has separate lawn irrigation water is .45 acre-feet. At a market value of$1,500 per acre-foot,that represents approximately$700 per dwelling unit. The agreement provides for payment of that amount before the city accepts the waterline improvements. However, staff intends to propose an ordinance for Council consideration in the near future to establish that fee as part of the cost of connecting a new home outside the city boundary to the city's water system (currently, new homes outside the city are not compensating the city for the water rights they are consuming). \i) V. DISCUSSION: A) The proposed agreement ensures appropriate extension of the city's water system to a portion of its UGA that is quite likely to experience growth over the next decade. If not extended, development will either not occur at all or will occur with wells and septic tanks on one acre lots. The latter scenario would frustrate the logical extension of the water system over time, eventually increasing costs for rate payers and retarding development values. B) Staff recommends approval of the extension agreement as presented. AGENDA REPORT NO. 26 FOR: City Council September 3, 2014 TO: Dave Zabell, City Manager Ahmad Qayoumi,Public Works Director Workshop Mtg.: 9/8/14 FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 9/15/14 SUBJECT: Amendment No. 1 to Water System Extension Agreement I. REFERENCE(S): 1. Amendment 1-Water System Extension-Vicinity Map 2. Amendment 1-Water System Extension—Proposed Amendment No. 1 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 09/08: Discussion 09/15: MOTION: I move to approve Amendment No. 1 to the Water System Extension Agreement with Big Sky LLC and Ted Tschirky and, further, authorize the City Manager sign the agreement. III. FISCAL IMPACT: Water Utility Fund($50,145) IV. HISTORY AND FACTS BRIEF: A) Owners of two parcels of land in the northwest quadrant of the Pasco Urban Growth Area (UGA) have planned for residential development of their respective parcels. Both parcels are currently outside the City boundaries but within the Pasco UGA. Consequently, they have determined it most appropriate for their developments to extend City water for domestic use. Doing so allows half-acre lots with septic tanks, rather than one-acre lots with septic tank and on-site well. Franklin County has approved the zoning to accommodate half-acre lots dependent on City water service. B) The developers (Big Sky LLC and Ted Tschirky) have coordinated with City staff over the past several months to identify an appropriate extension of the City's water system. A water extension agreement was approved by City Council on October 21, 2013 to memorialize the obligations of the developers and the City, respectively, in terms of cost-sharing for the extension as well as design requirements, annexation agreements and water rights. In essence, the developers will pay the cost equivalent to an 8" waterline (minimum size) the entire length of the extension, while the City will pay the equivalent cost of "oversizing" the waterline (to 12" and 16" sizes) so it can function as a distribution main for the water system and serve the larger vicinity in the future(this will avoid duplicate line installations in the future). C) The City's share of the extension project as described in the original agreement is not to exceed$290,000,or about 43 percent of the total project cost. The developers will pay the balance of the project costs and the City will provide them a "latecomer agreement", whereby future connections to the water main will reimburse the developers their fair share of the developers' expense not attributable to their own properties. Participation in the developers' extension results in a much lower cost project, as it is a private project not subject to prevailing wages; consequently, the City's cost is likewise lower. D) The original agreement includes provision to ensure the developments provide for or offset their consumption of the limited pool of water rights owned by the City. The calculation of average domestic use by a home which has separate lawn irrigation water is .45 acre-feet. At a market value of $1,500 per acre-foot, that represents approximately$700 per dwelling unit. The agreement provides for payment of that amount before the City accepts the waterline improvements. V. DISCUSSION: A) The original agreement ensures appropriate extension of the City's water system to a portion of its UGA that is quite likely to experience growth over the next decade. B) During construction of the water system extension, the City was approached by other potential water users north of the subject development (Spencer Estates). City staff recognized the long-term need to provide a reliable water system along Kohler Road north of the Spencer Estates subdivision, and determined that the prudent course of action would be to upsize the watermain along the Kohler Road frontage of Spencer Estates. Staff proposes that the City cost share the upsizing of their section of watermain in the same manner as specified in the original agreement. City share of the costs is estimated at$14,145. C) The City requires a particular pre-packaged Pressure Reducing Valve Assembly and Vault (PRV) for use in the City's water systems. The size and cost of the required PRV was not known at the time of the original agreement. Staff recommends that the City share 75% of the cost of the PRV as it is a system component that will regulate water pressures to a larger area that the Spencer Estates subdivision. City share of the costs is estimated at$36,000. D) Due to certain construction difficulties and the delay in receiving the PRV, the construction has taken longer than originally anticipated. The term of the original agreement needs to be extended to reflect construction delays. E) Staff recommends approval of Amendment No. 1 of the Water System Extension Agreement. WATER SYSTEM EXTENSION AGREEMENT THIS WATER SYSTEM EXTENSION AGREEMENT is entered into this day of April, 2015, by and between Big Sky Developers, LLC, a Washington Limited Liability Company (hereinafter referred to as Big Sky) and the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as "City"), for the purpose of extending water system improvements for the benefit of the properties to be developed by Big Sky. WHEREAS, Big Sky has entered into negotiations to purchase and develop certain real property adjacent to Dent Road, north of Burns Road for residential use, known as Archer Estates, Phase 1, and said real property is situated within the Pasco Urban Growth Area as designated by Franklin County;and WHEREAS, Big Sky desires to have City of Pasco water service extended to the developed properties for domestic use;and WHEREAS, Big Sky is committed to constructing a water system trunk line extension and distribution lines to the proposed developments as described in Exhibit A,and then dedicate the waterlines and appurtenances to the City;and WHEREAS, the City of Pasco possesses the capacity to provide water utility services to citizens and real properties within its municipal boundaries and its urban growth boundaries;and WHEREAS, the City of Pasco's long range water plan provides for the systematic extension 'of water utilities throughout the City's urban growth area;and WHEREAS, the parties desire, by this cooperation agreement, to jointly participate in the cost of the waterline construction that provides benefits to all parties and their respective properties. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. BIG SKY OBLIGATIONS. Big Sky shall: A. Provide the complete design of the proposed water system extension, as described in Exhibit A by a Professional Engineer registered to practice Engineering in the State of Washington. The water system design shall include pipe and all appurtenances from a connection point with the City's existing system at the intersection of Burns Road and Dent Road and extending north along Dent Road to the northern most boundary of Archer Estates, Phase 1. The design of the water system extensions shall be in accordance with the latest City of Pasco requirements and standards including any adopted or referenced state and federal requirements and standards. The engineering design, construction plans and specifications shall be submitted to the City for review and/or approval at the 60% and Final stages of design. B. From the design, as approved by the City, construct the system extensions including all valves, hydrants and appurtenances in accordance with applicable City, state and federal standards and requirements. Water System Extension Agreement—Big Sky Developers, LLC Page 1 of 5 Dent Road April_,2015 C. Be responsible for one-half(50%) of the cost of the design of the water system extension along Dent Road to the northern most boundary of Archer Estates, Phase 1,plus Washington State Sales Tax. D. Be responsible for the costs associated with the furnishing of materials and labor, and construction of the equivalent of an 8-in. diameter pipeline including valves, hydrants and associated appurtenances necessary to provide adequate domestic water service to the proposed development, as follows: along Dent Road from Bums Road to the northern most boundary of Archer Estates, Phase 1 (50%), as described in Exhibit A, plus Washington State Sales Tax. E. Shall at its own cost and efforts secure all reviews, approvals and permits from any and all applicable jurisdictions, and pay all associated fees. F. Shall execute all deeds, documents, permits, annexation agreements and checklists necessary for the permitting and conveyance of property and construction of the system extension described above and the performance of this Agreement. G. Shall, prior to City acceptance of the waterline improvements contemplated herein, provide the City certificated surface water rights within the McNary Pool equal to one-third acre-foot per platted lot contained within the respective development or a payment to the city in an amount equal to $700 for each platted lot contained within the respective development, unless mutually agreed otherwise in writing prior to City acceptance of the improvements. H. Enter into a Latecomer's Agreement with the City, to provide for future reimbursement of incurred costs from owners/developers of property who desire to connect but did not contribute to the costs of the water system extension improvements. 2. CITY OBLIGATIONS. City shall: A. Process in its usual course, Big Sky's applications for plan review and permits associated with the water system extension project as described above and in Exhibit A, in a timely manner. B. Provide project design criteria, and determine the size of pipe, spacing of isolation valves and hydrants and other appurtenances required to maintain the integrity of the City's water system. C. Provide timely reviews of the engineering design, construction plans and specifications at the 60% and Final submittals. D. Provide inspection services during the course of construction consistent with the level of effort utilized on other capital and development projects within the City, or as may be required to ensure the required quality of the completed work. E. Be responsible for one-half(50%) of the costs of design of the water system extension. The City's share of the design and construction engineering and inspection costs shall not exceed $3,881.25. F. Be responsible for the incremental increase in cost between an 8-in. pipe system and the actual pipe size required, as estimated in the construction cost estimates prepared by E-Mac Corporation and provided by Big Sky in November 2014, and as summarized in Exhibit B. The Water System Extension Agreement—Big Sky Developers, LLC Page 2 of 5 Dent Road April ,2015 City's share of the construction costs shall not exceed $44,253.45, including Washington State Sales Tax. G. Be responsible for a share of the total costs associated with this Agreement, including design, engineering, construction, inspection, and incidentals as described hereinbefore, not to exceed $48,134.70, except as may be negotiated and agreed upon by both parties, in writing, by amendment to the Agreement. H. Upon satisfactory completion of the improvements described above, accept the dedication of the water system improvements as described in Exhibit A and by Council resolution accept ownership thereof, and maintenance and operation of the improvements thereafter. I. Enter into Latecomer's Agreements with Big Sky to provide for future reimbursement of incurred costs from owners/developers of property who desire to connect but did not contribute to the costs of the water system extension improvements. 4. TERM. This Agreement shall be effective commencing on the day of April, 2015, and all improvements, conveyances and obligations of the parties shall be complete on or before July 1, 2015. The Agreement shall terminate on August 1, 2015, or with the completion and acceptance of the water system extension improvements,whichever is sooner. 5. AUTHORITY TO APPROVE AGREEMENT. The parties represent and warrant that all steps necessary for the approval of this Agreement have been completed by: A. Big Sky Developers, LLC by its Managing Member. B. City of Pasco by the Pasco City Council. The officers signing below are authorized to do so and that the execution of this Water System Extension Agreement is valid and binding for all purposes. 6. DISPUTE RESOLUTION. hi the event of a dispute between the parties regarding the interpretation, breach or enforcement of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute by themselves or with the assistance of a mediator. The remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration (MAR), with all parties waiving the right of a jury trial upon de novo review, with the substantially prevailing parry being awarded its reasonable attorney fees and costs against the other. 7. GENERAL PROVISIONS A. This Water System Extension Agreement constitutes the entire agreement between the parties, and no prior oral or written agreement shall be valid,and any modifications of this Agreement must be in writing signed by all parties. B. This Water System Extension Agreement shall be binding on the parties, and their heirs,successors and assigns. C. For the purpose of this Agreement, time is of the essence. 8. MUTUAL COOPERATON AND FURTHER AGREEMENTS. The parties agree to cooperate in good faith, with regard to each and every aspect required for the completion of the Water System Extension Agreement—Big Sky Developers, LLC Page 3 of 5 Dent Road April ,2015 construction of the roadway which is the object of this Agreement, and the transfer of property, and to further sign all documents, deeds and permits reasonably necessary to accomplish the purposes of this Agreement. DATED this day of April,2015. CITY OF PASCO BIG SKY DEVELOPERS,LLC Dave Zabell Dave Greeno City Manager Managing Member ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Water System Extension Agreement —Big Sky Developers, LLC Page 4 of 5 Dent Road April 2015 EXHIBIT A CITY OF PASCO WATER SYSTEM EXTENSION IN NORTHWEST CITY URBAN GROWTH AREA DESCRIPTION OF PROJECT Introduction: For the past several months, Mr. Dave Greeno of Big Sky Developers, LLC, a private landowner,hae been discussing development plans with the City for parcels of land on Dent Road,north of Burns Road,west of the City. Mr. Greeno proposes to develop the land for large lot single-family residential purposes. He has approached the City of Pasco and requested that the City provide domestic water service for the developments. At a meeting on August 13, 2014, Mr. Greeno presented a cost estimate for the waterline extension along with a proposal of cost sharing percentages. Since that time, the City and Mr. Greeno have been in discussions with regard to the feasibility of providing City water system extension improvements to the sites and the potential cost sharing options. The development is located within the City of Pasco Urban Growth Area, although outside the Pasco City Limits. Project Description: The proposed project will extend City of Pasco domestic water service from the existing 12" waterline stub at the intersection of Burns and Dent Road, north to the northern most boundary of Archer Estates, Phase 1. The water system extension will include necessary inline isolation valves, fittings, fire hydrants and other appurtenances as determined by the City of Pasco. Design and construction will be in accordance with all current applicable City of Pasco standards and requirements and all applicable state and federal standards and requirements as may be adopted or referenced by the City. The water system trunk line alignment will be located as determined by the City and in coordination with Franklin County. Franklin County currently owns the right-of-way along Bums Road and Dent Road. General Cost Sharing Proposal: All parties have negotiated a cost sharing arrangement that generally provides for the following: • Design -The City of Pasco will share 50% of the cost of design, topographical survey, preparation of construction documents, construction survey, and City construction inspection efforts for the work associated with the water system extensions as defined in the Description of the Project above. Big Sky Developers, LLC will be responsible for the other 50% of the costs in proportion to the estimated footage of pipe necessary to serve their respective developments. • Construction— Big Sky Developers, LLC will be responsible for the entire cost of the equivalent of an 8-inch pipe system as defined above. The City of Pasco will be responsible for the cost differential to provide the large pipe system. • Development specific costs — Each developer will be responsible for the costs associated with their individual developments. The City shall bear no responsibility for these costs.