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HomeMy WebLinkAboutRPC LLC - Curb Gutter and Sidewalk Deferral Agreement #113120580FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: AFN # 1823480 AGREE City of Pasco 12130!2014 11:14 AM Public Works Department 3 Page(s) $74.00 PO Box 293 Matt Beaton, Auditor Pasco, WA 99301 Franklin Co.. WA CURB, GUTTER AND SIDEWALK DEFERRAL AGREEMENT THIS AGREEMENT, made and entered into this day of �c� Y•.�i+ e (2— , 2014, by and between the City of Pasco, Washington, a Municipal Corporation (hereinafter referred to as the "City"), and RPC LLC (hereinafter referred to as the "Owner" and/or "Owners"). WHEREAS, Pasco Municipal Code, Title 12, requires curb, gutter and sidewalk improvements to be made for right-of-way improvements and new construction on all sides of such property that may adjoin a public street; and WHEREAS, the Owner plans to construct a Driveway and Driveway Approach located at 5821 Burlington Loon also known as Parcel No. 113120580 in the City of Pasco, Franklin County, Washington, on property more legally described as follow Site Plan 2011-07, Lot 6 And hereby requests that installation of sidewalk as required by PMC Title 12 be deferred until such installation is deemed necessary by the City; and WHEREAS, the City has determined that deferral of sidewalk installation on the above-described property is not contrary to the health, safety and general welfare of City residents; NOW, THEREFORE, Curb, Gutter and Sidewalk Deferral Agreement - I IT IS HEREBY AGREED AS FOLLOWS: 1. The City defers installation of sidewalk as required by PMC Title 12 to such future time as the City, in its sole discretion, deems said installation to be necessary. 2. Owner shall immediately construct, in conjunction with the building permit, those portions of curb, gutter and sidewalk not deferred by this Agreement; and furthermore, shall upon request of the City, install those portions of curb, gutter and sidewalk deferred by this Agreement within ninety (90) days of the date of the request. 3. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of each of the parties hereto and shall run with the land. 4. This Agreement shall be recorded in the Franklin County Auditor's Office, by the City, and the terms and conditions of this Agreement shall run with the land. The Owner shall bear the cost of recording this document with the Franklin County Auditor, and shall provide said payment of estimated recording costs to the City at the time of submittal of the deferral request. CITY OF PASCO: e l� Date: /2 ave Za 1, anager OWNER(S): Date: RPC C Date: RPC LLC Curb, Gutter and Sidewalk Deferral Agreement - 2 STATE OF WASHINGTON) J�po Kana : ss. County of l4at4+n ) On this /,I day of OVerviber- , 2014, personally appeared before me T rry ,Ole n.er, P Washington, described ni and who executed the within and foregoing instrument, and acknowledged he/she signed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this /S day of 4ller4a/ 2014. NOTARY PUBLIC STATE OF WASHINGTON USA S CIARIZIO COMMISSION EXPIRES 10.7-2017 NOTARY PUBLIC in and for tlfe State of Washington Residing at dpa&ne /0 fi My Commission Expires _ &-4- 7. ad <7 STATE OF WASHINGTON) ss. County of Franklin ) On this �} day off 2014, personally appeared before me I>Aot. dab,6� described in and who executed the within and foregoing instrument, and acknowledged she signed the same as jiffs` her free and voluntary act and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this - day ofltNcux� , 2014. NOTARY PUB I in Residing at My Commission Expires Curb, Gutter and Sidewalk Deferral Agreement - 3 id, for the State of Washington