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HomeMy WebLinkAbout2046 ResolutionRESOLUTION N0.2046 A RESOLUTION authorizing a waiver of the requirement of the availability of city water and sewer service for the issuance of a building permit. WHEREAS, PMC 16.06.010 requires the availability of both city water and sewer service as a prerequisite to the issuance of a building permit; and, WHEREAS, in certain circumstances it is necessary to waive the prerequisite requirements of water and sewer availability provided the public health and welfare are not impacted negatively; and WHEREAS, the City Council under authority granted in PMC 16.06.030 and 040 has determined that in fairness to the owner of property described herein below, a building should be permitted to utilize an approved well and septic tank drain field system until city and water and sewer service is available to the property; NOW, THEREFORE, The City Council of the City of Pasco, Washington, does resolve as follows: 1) The City Council grants upon the conditions stated herein a waiver of the requirement of the availability of city water and sewer service to the following described property and as generally shown in Exhibit #1 attached hereto. That portion of the southwest quarter of the southwest quarter of Section 15, Township 9 North, Range 29 East, W.M., Franklin County, Washington, lying northerly of the Franklin County Irrigation District Canal and lying southwesterly of a line described as follows: Beginning at the west quarter corner of said Section 15; thence south 010 27'06" west along the west line thereof, 1472.65 feet to the true point of beginning; thence S 88 0 32'54" E 277.16 feet; thence south 31° 12'36" E 222.54 feet; thence S 40 0 53'34" E 229.96 feet; thence S 01 0 27'06" W 360.02 feet to the north right of way line of said canal and the terminus of said line. Together with and easement for access and utilities over under and along the west 30.00 feet of the south 721.02 feet of the north 1472.65 feet of the southwest quarter of said Section 15. Conditions as as follows: eFelice, Mayor A. The property owner shall sign a utility waiver agreement 1. Binds the property owner and future property owners to participate in future L.I.D or U.L.I.D. activities. 2. Requires the property owner and future property owners to pay an equitable share of any private utility extensions. 3. Requires the property owner and future property owners to hook-up to utilities at the discretion of the city; and 4. Requires the property owner and future property owners to be on notice that the city will enforce the requirements of the utility waiver at the suit of the city. B. The utility waiver agreement shall be filed with the Franklin County Auditor's Office. PASSED by the City Council of the City of Pasco this 16th day of November, 1992. ATTEST: / a .4.de .4" Catherine D. Seaman, Deputy City Clerk AP VED TO FORM: T 1(4/ Gre 'i•stello, City Attorney • - V \ ,. -----_---, Y ‘i i I \ \ I \ \ - -_:---- t -----, \ 1 \ , --L 7 1 . I I, ----- -- -- I \ \ ‘ , \\ ' 1 \ - __, _ \ , E x hi b it "1 " - - - ••-....„,, -.......... •••......, UTILITY SERVICE WAIVER AGREEMENT (CHAPTER 16.06 PMC) 1) The undersigned is the owner of the real property situated in Franklin County, Washington and described as: That portion of the southwest quarter of the southwest quarter of Section 15, Township 9 North, Range 29 East, W.M., Franklin County, Washington, lying northerly of the Franklin County Irrigation District Canal and lying southwesterly of a line described as follows: Beginning at the west quarter corner of said Section 15; thence south 010 27'06" west along the west line thereof, 1472.65 feet to the true point of beginning; thence S 88° 32'54" E 277.16 feet; thence south 31° 12'36" E 222.54 feet; thence S 40° 53'34" E 229.96 feet; thence S 01 0 27'06" W 360.02 feet to the north right of way line of said canal and the terminus of said line. Together with and easement for access and utilities over under and along the west 30.00 feet of the south 721.02 feet of the north 1472.65 feet of the southwest quarter of said Section 15. 2) The undersigned has applied for a waiver of the utility service requirements of Chapter 16.06 PMC and the Pasco City Council has by motion approved said waiver conditions upon the undersigned making the following agreements with the city which the undersigned does hereby freely and voluntarily make: a. The undersigned grants to the city a full power of attorney to sign owners name to a petition for the formation of a local improvement district or a utility local improvement district for the construction of sewer and water lines for the providing of sewer and water service to the real property described above and further agrees not to protest the formation of such a L.I.D. or U.L.I.D. Whether commenced by petition or by resolution. b. The undersigned convenants that in the event a sewer or water line is constructed by private developments on property abutting the property described above, the undersigned will pay to have the developer a pro-rata share of the development costs which shall to the extent necessary for equity, be based on benefits to the real property described above. UTILITY SERVICE WAIVER AGREEMENT -2- CHAPTER 16.06 PMC c. In the event a public sewer or waterline is constructed as provided in paragraphs no. a and b above, the undersigned shall, if directed to do so by the city, connect to such public sewer and waterline in lieu of private systems. d. The above covenants to the city shall run with the land and be binding on the owner, on the undersigned, his heirs, devisees, successors and assigns and all owners now or hereafter of the land above described or of any of said land described above. e) A violation of any of the above covenants may be enjoined and the same enforced at the suit of the city. DATED this day of , 1992. Signature of Legal Property Owner Signature of Legal Property Co-Owner State of Washington) ) ss County of Franklin ) On this day to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledge that the same as free and voluntary act and, deed for the uses and purposes therein mentioned. Given under my hand and official seal this day of , 19 . Notary Public in and for the State of Washington, residing at .