HomeMy WebLinkAboutMelnik Utility Service Waiver 6513 Pearl Court #118-591-119AFN # 1832290 WAIVER
07/21/2015 03:41 PM
5 Page(s) $76.00
Matt Beaton, Auditor
Franklin Co.. WA
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 6513 Pearl Court and described as:
Tax Parcel (parent) #: 118-591-119
Legal: Lot 6, Legacy Flats, according to the Plat thereof recorded in
Volume 2 of Short 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) Legacy Flats is a 6 -lot suburban subdivision lying west of Highway 395. Single family
homes in this vicinity have been developed with septic systems on roughly one-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) Single family homes in this vicinity have been developed with septic systems on roughly
half -acre parcels. The subject site was created in 2015 and is 0.52 acres in area. A local
UTILITY SERVICE WAIVER AGREEMENT (MF# USW2015-004)
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;
e) 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.
In consideration of the mutual covenants contained herein, the sufficiency of which are
hereby acknowledged, the parties agree as follows:
3) The City waives connection 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;
UTILITY SERVICE WAIVER AGREEMENT (MF# USW2015-004)
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.
This utility waiver and agreement has been approved by the Pasco City Council on 20 day of
Jam, 2015.
Signature of Legal Property Owner(s)
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day personally appeared before me Shen (��Q.`,�, K 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 P.0
day of A Q- % 2015.
Notary Public
NOTARY PUBLIC in and for the State of Washington
State of Washington
Residing at: 'Qoae-�p
KRYSTLE L. SHANKS
My Commission Expires: ` 5 ao l C
MY COMMISSION EXPIRES
January 5, 2016
...............................................................................
UTILITY SERVICE WAIVER AGREEMENT (MF# USW2015-004)
vl�/L L
Signature of Legal Property Owner(s)
STATE OF WASHINGTON )
SS.
County of Franklin
On this day personally appeared before me Gal ,,, o, , 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 )D day of 12015.
-SQA-O� Notary Public
NOTARY PUBLIC in and for the State of Washington State of Washington
KRYSTLE L. SHANKS
Residing at: MY COMMICSION EXPIRES
My Commission Expires: nu �, 5� �e1 (n January 5, 2016
...............................................................................
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Dave Zabel , i M lager�Oo
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STATE OF WASHINGTON)
ss.
County of Franklin
.:-NOTARYW'
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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.
under my hand and official seal this 2T day of 2015.
. � n
NOTARY PUB IC m and Fprtth� State of Washington
Residing at: ��.
My Commission Expires:
UTILITY SERVICE WAIVER AGREEMENT (MF# USW2015-004)
FRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
City of Pasco
525 N 3rd Ave
Pasco, WA 99301
ATTN: City Planner
FORM COMPLETED BY: Shane O'Neill
PLEASE PRINT OR TYPE INFORMATION:
PHONE # 509-545-3441
DOCUMENT TITLE(S) (or transaction contained therein)
1. Utility Service Waiver (USW2015-004)
2.
3.
GRANTOR(S) (Last name, first name, middle name/initials):
1. Citv of Pasco
2.
3.
4.
❑ Additional names on page of document
GRANTEE(S) (Last name, first name, middle name/initials):
1. Stephen & Galina Melnik
2.
3.
4.
❑ Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
Lot 6, Legacy Flats, Franklin County, W.M.
❑ Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
118591119
❑ Additional parcel numbers on page of document
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the
document to verify the accuracy or completeness of the indexing information
EMERGENCY NONSTANDARD REQUEST
am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in
RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
7/21/2015
Date