HomeMy WebLinkAboutRefugio Ramirez Utility Waiver ID #112550099AFN # 1852143 AGREE
10/11/2016 09:19 AM
3 Page(s) $75.00
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 at the
south end of East "B" Circle and described as:
Tax Parcel #: 112550099
Legal: A Portion of the NE1/4 & SEI/4 Section 34 Township 9 Range 30 East WM w
described in Franklin County Auditor's File # SWD-1793019 recorded on 12/17/2012.
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 fronting the property. The nearest existing sewer line is
approximately 1,200 feet north of the applicant's property and cannot be extended any further to
the south due to the lack of cover. There is an alternate line 1,170 feet to the southwest to the
north of Lakeview Trailer Park that may have enough depth but no easements or right-of-way
available to reach the line. Additionally, the cost of extending a sewer line over a thousand feet
is cost prohibitive for a private party or the City to provide for the extension of such line. The
2015-2020 Capital Improvements Plan does not include sewer extensions near this property;
b) Other properties within the East `B" Circle area have utilized septic systems for sewage disposal.
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 neighborhood;
d) 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
UTILITY SERVICE WAIVER AGREEMENT (MF# USW2016-00x)
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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;
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.
UTILITY SERVICE WAIVER AGREEMENT (MF# USW2016-00 )
ge )7'/ o r✓�, l� �zQ Z
Signature oTtegal Property Owner
STATE OF WASHINGTON )
ss.
County of Franklin
On this day personally appeared before me P_�,. \ (2 e Z 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 _ 5 day of 2016.
--
NOTARY PUBLIC in and for the State of Washington N
otaryccp�
Residing at: NKS
My Commission Expires: 5,�y XPIRES20
...............................................................................
/�_ 1 M:� /
STATE OF WASHINGTON )
as.
County of Franklin
On this day personally appeared before me, Dave Zabel], 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
NOTARY PUB IC in
Residing at:
My Commission Expires:
seal this 1— day of A "^� , 2016.
State of Washington
TONI L. WINKER
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION DFIRES
MARCH 3, 2020
UTILITY SERVICE WAIVER AGREEMENT (MF# USW20I6-00�