HomeMy WebLinkAboutPaul Laurentiev Utility Service Waiver Agreement ID #119670125AFN # 1852144 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 6619
West Park Street and described as:
Tax Parcel #: 119670125
Legal: Lot 4, Block 2 Park Estates
Property Owner: P&R Construction LLC
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 308 feet to the east of the applicant's property. If the sewer line were to be
extended the property owner would be required to extend it the full width of the lot which will
add another 85 feet to the 308 feet referenced above. Extending an 8 inch sewer line almost 400
feet and repaving Park Street would be cost prohibitive for one private party to undertake. The
2015-2020 Capital Improvements Plan does not include sewer extensions near this property;
b) Other properties on this portion of Park Street 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
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UTILITY SERVICE WAIVER AGREEMENT (MF# USW2016-OOX
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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�
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Si ature of egal Property Owner
STATE OF WASHINGTON )
ss.
County of Franklin
On this day personally appeared before me Qna,\ to be known to
be a representative of P&R Construction LLC and who has the sign documents and deeds on behalf of
P&R Construction LLC and who executed the within and foregoing instrument, and acknowledged that
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 sea] this I day of
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NOTAR PUBLIC in and for the State of Washington
Residing at: Q
My Commission Expires: a p
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e4117s,
STATE OF WASHINGTON )
ss.
County of Franklin
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 tny„h and official seal this t! day of�, 2016.
NOTARY PUBLI fh and fWhe, tate of Washington
Residing at:
My Commission Expires: a0 TON' R
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:i TATE ✓,,1AANGT0N
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UTILITY SERVICE WAIVER AGREEMENT (MF# USW2016-00