HomeMy WebLinkAbout1164 ResolutionRESOLUTION NO. 1164
WHEREAS the City of Pasco has recently annexed to it the
following described real property situate in Franklin County,
Washington:
Section 14, Township 9 North, Range 29 E.W.M., and also the
north 30 feet of Section 23, Township 9 North, Range 29 E.W.M.,
lying between Roads 36 and 52; and
WHEREAS it is necessary for the public health and implementation
of the development of the City of Pasco to have constructed a sanitary
sewer system from the above described real property to connect with
the City of Pasco sewage system in order to serve the area in which
the real estate above described is located; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO:
That the proper officials of the City of Pasco be and the
same are hereby authorized to execute an agreement with Bosch
Development Company, Sunland Investments, Inc., Northwest Developers,
Inc., and Ray Burden, for the purpose of constructing a sanitary
sewer system from the above described real property to connect with
the City of Pasco sewage system in order to serve the area in which
the real estate above described is located, said agreement to be
substantially in the form as the agreement attached hereto and by
this reference incorporated herein.
Dated this 17 day of April 1978.
Chet Bailie, Mayor
AT T:
lls, City Clerk
APPR ED AS T FO
Michael E. Cooper, City Attorney
EXHIBIT "2"
AGREEMENT
THIS AGREEMENT made and entered into this day of ,
1978, by and between the CITY OF PASCO, a municipal corporation, heroin-
after
erein-ofter referred to as the "City" , and BOSCII DEVELOPMENT COMPANY, SUNLAND
INVESTMENTS, INC., RAY BURDEN, and NORTHWEST' DEVLLOPERS, iNC., herein-
after referred to as the "Owners";
WITNESSETH:
WHEREAS the City of Pasco has reccut.l_y annoxe:ci, to it Lhe following
described, real property situate in Franklin County, Washington:
Section 14, Township 9 North, Range 29 E.N.M. , and also the
north 30 feet of: Section 241, Township 9 NorLh, Range 29 E.N.M.,
lying between Roads 36 and 52; and
WHEREAS it is necessary for the public health and implementation
of the development of the City of.Pasco to have constructed a sanitary
sewer_ system from the above described real property to connect with the
City of Pasco sewage system in order to servo the area in which the
real estate above described is located; and
WHEREAS the Owners own the real estate within the above described
real property; and
WHEREAS the City of Pasco is authorized by R.C.W. 35.91..020 to
enter into contracts with the owners of real est.aLe for the purpose of
constructing sanitary storm sewers to connect: into the puhl.ic sewage
system and property in which the real onatc of: Lho company is located,
which statute authorizes the r-ei.mbursement of such owner- by any owner
of real estate who did not cont.r].tlu'te to tare original cost:"- of said
sewer- facility and who subsequently taps :i.nLo or uses the same; NOW,
THEREFORE,
Inconsideration of the mutual covenants and promises hereinafter
set forth, the parties do F gree. as tol.lo s;:
.l. The Owners will consLr_ucL sanitary sower faci.likies to City
specification; from Ardent Road southerly along Poad 36 to Svivostor
Street and then easterly on Sylvester to a poi_nL '_etween goad 3.1 anci
Road 36 to hookup with the Citi{ of Pasco sanitary sewer wvst-.em.
2. Upon completion nF the sC''r:er facility and its acceptance anC;
1
approval by the City of Pasco, the City of Pasco will charge for tthe
use of the sewer facility an authorized by law < nd will assume all.
further Ilraint.enance and opnrnt ion costs o1 said sanitary sower facility.
3. No person, firm or 'cor:porattioIl shall he granted
a pCl-l;l]_t or he.
authorized to Op into, or use the sanitary _ower rac hli ty or e:•:tent.i.ons
thereof for a period of 15 years from the oxec::ut:ion of this agreement
without first paying to the City of Pasco, in addition to any -and all
other costs and charges made or assessed for such tap, or use, or for
the sewers constructed in connection therewith, Lhe amount- of Nine
00/100 ($9.00) Dollars per front foot for those lots directly
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connecting to the sewer line on Road 36 or. one and one/half. cent PC,. -
square foot for those lots which indirectly connect to the sewer line
on Road 36 through future public lines.
4. All amounts .received by the City of.Pasco .under the provisions
of paragraph 3 hereinabove shall be paid out by it to the owners within
60 days after the receipt thereof by making payment thereof to Bosch
Development Company as agent. for Owners.
5. This agreement shall be recorded in the office ic.e of the County
Auditor_ of Franklin County.
IN WITNESSETH WHERE01, the parties hereto have c�:ccl-Ited this
agreement on the day and year first above �:ritten.
James r- Somborovich,
Ex Officio City Clerk
APPROVED AS TO FORM:
Michael E. Cooper, CityAti o.rncy
STATE OF WASHINGTON)
ss.
County of Franklin )
CITY OF PASCO
By:
Cizet 13ail.ie, Mayor
BOSCH DEVELOPMENT COMPANY
By:
G,Iry l,osch, I'resiclent
SUNLA vD INVESTMENTS , INC.,.
By.
Jacr; its:ic ii, i?resicient
NORTHWEST DEVELOPERS, INC.,
By.
James I-�, � 1"C)C Cl t., 1.'reS1C1C'I7t
Ray Bur�lc,n
On this day personally appeared before me Gary Bosch to me known
to be the President of Bosch Development Company and who executed the
above And foregoing instrument and acknowledged t h t� r ,
11(_ S-C'1171_C. �-I_IC same
as the free and voluntary act:� I`>ment
anti deed for �:�I i ci Bosch l�evc� lo
Company and for the uses and pu,posc, set Earth t-hurpi nand on oath.
stated that he is authorized to c,: vcute the said agrepmen t.
Witness my hand and official seal horeto af`f:ixcd tho clay �
of --- - --- 1.978. —.
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