HomeMy WebLinkAboutBrantingham - Curb Gutter and Sidewalk Deferral Agreement #113270277FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco AFN # 1823482 AGREE
Public Works Department 12/30/2014 11:14 AM
PO Box 293 3 Page(s) $74.00
Pasco, WA 99301 Matt Beaton, Auditor
Franklin CO.. WA
CURB, GUTTER AND SIDEWALK DEFERRAL AGREEMENT
THIS AGREEMENT, made and entered into this 23 day of
10 2014, by and between the City of Pasco, Washington, a Municipal
Corporation (hereinafter referred to as the "City"), and Jay P & Amy J Brantingham,
Husband and Wife (hereinafter refereed to as the "Grantee" and/or "Grantees,').
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 Grantee plans to construct a metal office and shoo, located at
3121 Travel Plaza Way, Pasco WA also known as Parcel No. 113270277 in the City
of Pasco, Franklin County, Washington, on property more legally described as follows:
Binding Site Plan 2011-04, Lot 2
And hereby requests that installation of sidewalks 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 -1
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. Grantee shall immediately construct, in conjunction with the building
permit, those portions of sidewalk not deferred by this Agreement; and furthermore,
shall upon request of the City, install those portions of 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 costs to the City at the time of
submittal of the deferral request.
CITY OF PASCO:
�--- Date: 12- —Z6 — /9
ave Za ty Manager
Curb, Gutter and Sidewalk Deferral Agreement - 2
Date: 10 ' d. L — 11'1
Date: 10 — G-7— l p
STATE OF WASHINGTON)
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County of Franklin
On this ,2�4- day of 2014, personally appeared before
me Dave Zabell, City Manager for the City of Pasco, Washington, described in 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
/ln day of
2014.
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STATE OF WASHINGTON)
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County of Franklin
On this Z3 day ofDc�0%'( 2014, personally appeared before
me "Farcwk�Va,�� and g, , Husband and Wife, described in
anI wh6 execute the within and -foregoing Ystrument, 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 Z3 day of COCObQ4-
2014,
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Curb, Gutter and Sidewalk Deferral Agreement - 3