HomeMy WebLinkAboutVander Pol - Curb Gutter and Sidewalk Deferral Agreement #113282145FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco
Public works Department
PO Box 293
Pasco, WA 99301
AFN # 1825481 AGREE
12/3012014 11:14 AM
3 Page(s) $74.00
Matt Beaton, Auditor
Franklin Co.. WA
CURB, GUTTER AND SIDEWALK DEFERRAL AGREEMENT
Q$IS AGREEMENT, made and entered into this � day of
TY
, 2014, by and between the City of Pasco, Washington, a Municipal
Corporation (hereinafter referred to as the "City'), and Vander Pol Enterpd2j�,I 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 Chain Link Pence Grade and
Rock located at 2611 N Commercial Ave also known as Parcel No. j13282145
in the City of Pasco, Franklin County, Washington, on property more legally described
as follow
Columbia East III Lot 3, Blk 5
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 - 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. 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 PASC
Date: /2 —2G
D ve Zabel, ' anager
Curb, Gutter and Sidewalk Deferral Agreement - 2
Date: // — (-3 ( _1
Date: _ I l 4 3 l 4_
STATE OF WASHINGTON)
ss.
County of Franklin )
On this c,&—day of a"--C4+-r-�— 2014, personally appeared before
me 1 GAJ E Loc 11 r� for the City of Pasco, Washington,
described in and who executed the it in an 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 day office Jeep_,
2014.
STATE OF WASHINGTON)
Ss.
County of Franklin
On this A3 day of 2014, personally appeared before
meF �. L� i. 1 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
7111 GIVEN under my hand and offleial seal this % day of Gate e.�,er`
NOTARY PUBLIC to and for the State of Washington
Residing at A l.tS{�Ak
My Commission Expires R—%S ty
Curb, Gutter and Sidewalk Deferral Agreement . 3
w�� C� rs`i0f0 N.Fc<�
NOTARY PURLI in and fd t Slate of
° �OiARyN; —
Residing at
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PUBLIC ;
My Commission Expires
STATE OF WASHINGTON)
Ss.
County of Franklin
On this A3 day of 2014, personally appeared before
meF �. L� i. 1 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
7111 GIVEN under my hand and offleial seal this % day of Gate e.�,er`
NOTARY PUBLIC to and for the State of Washington
Residing at A l.tS{�Ak
My Commission Expires R—%S ty
Curb, Gutter and Sidewalk Deferral Agreement . 3