HomeMy WebLinkAboutJaime Edwardo Salas - Deferral Agreement for Infrastructure Imp Parcel #119152088AFN # 1882400 AGREE
08102(2018 10:44 AM
6 Page(s) $104,00
Matt Beaton, Auditor
Franklin Co.. WA
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco
525 North 3rd
Pasco WA 99301
Tax Parcel No: 119152088
Legal Description: PALMER ADD LOT 14
Address: 1815 ROAD 44, Pasco, Washington 99301
Owner: JAIME EDUARDO SALAS
DEFERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS
THIS DEFERRAL AGREEMENT entered into this 49 day of
J -w 44 , 2018, by and between the City of Pasco, Washington, a
municipal corporation, hereinafter referred to as "City", and Jaime Eduardo Salas,
herein after referred to as "Owner."
WHEREAS, the City is obligated under the State Growth Management Act to
ensure that the City's transportation and utility systems will be adequate to serve current
and future development, without causing the level of service to decline below the
standards established by the City resulting in each development being required to
construct that portion of the transportation and utility infrastructure as may be necessary
to serve that property at the time of permitting; and
WHEREAS, Owner is the record owner of the real property located within the
City of Pasco, Washington, legally described as follows:
PALMER ADD LOT 14
WHEREAS, Owner has sought the approval of a development permit
for such property which would include the new construction of right-of-way
infrastructure improvements as required by Pasco Municipal Code (PMC) 12.36.050
also described hereinafter; and
WHEREAS, the Owner has requested a deferral of these right-of-way
improvements and the Director of Public Works for the City has determined that the
installation of said improvements required could be safely, effectively, and efficiently
Parcel 119152088 1815 Road 44, Pasco WA
Right -of -Way Improvements Deferral Agreement Page 1 of 6
implemented if done concurrently with the installation of improvements required for
future in the same vicinity; and
WHEREAS, as a condition of granting this deferral of improvements, the
Owner agrees to install such improvements within the deferral period as provided
below, or by participating in a local improvement district, or other similar type of
district formed by the City for the construction of these improvements, while still
subject to the deferral period set forth below.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, it is agreed as follows:
1. The City hereby defers the installation by the Owner of the following
described improvements affecting that real property described above:
Improvements to Road 44 and West Opal Street to meet current City standards.
Relocation of power pole on Road 44 from city ROW.
Limits for the deferral will be the installation of the described improvements for the
properties located at
1815 Road 44, Pasco, Washington 99301
The City grants the following permits:
Building Permit B18-1219
Right of Way Permit ROW 18-0343
2. In consideration of the grant of the above permits and deferral of the
above-described improvements, the Owner shall locate and construct the deferred
improvements, within the deferral period, in accordance with the City standards in
effect at the time the improvements are to be constructed.
3. Deferral Period. The deferral period shall commence upon final
acceptance of the work occurring per City of Pasco Right of Way Permit ROW 18-343.
The deferral period shall be as follows:
a) Within ten (10) years following building inspection final acceptance,
Owner shall construct those roadway/frontage improvements as required
along the length of the right-of-way in accordance with City standards,
unless adjacent properties have not been developed, then development of
Parcel 119152088 1815 Road 44, Pasco WA
Right -of -Way Improvements Deferral Agreement Page 2 of 6
such roadway/frontage improvements is at the discretion of the City
Engineer or Public Works Director.
4. Completion of the deferred right-of-way roadway/frontage
improvements on Road 44 and W Opal Street shall be done within the standard time
frame for right-of-way permits. Final acceptance of the right-of-way work by the City is
subject to approved engineering plans and completion of final construction inspections.
5. In the event Owner fails to construct the deferred improvements or fails
to complete construction of the deferred improvements within the time provided above,
the City shall have the right to enter into the property and construct or complete the
construction of the required improvements, with the actual costs of such improvements
being assessed against the Owner. Such assessment for costs shall constitute a lien
against the property as provided in RCW 35.80.030 (1) (h).
In the event a local improvement district, or other similar improvement district,
is organized to construct the improvements described in this Agreement, Owner hereby
waives any and all rights to protest the creation by the City of a local improvement
district or other similar district to construct the above-described improvements, insofar
as said improvement district includes within its area the above-described property and
to the extent that said improvements benefit the property above described.
Owner further agrees that if the City includes within a project not supported by
an improvement district the above-described improvements, Owner, its transferees and
any successors in interests hereby agree to participate in said project by paying their fair
share thereof.
6. Owner hereby grants and conveys to the City through its City Manager
(or designee), a special power of attorney to exercise any and all rights held by Owner
its heirs, assignees, transferees or successors in interest, including any purchaser,
mortgage holder, lien holder or other persons who may claim an interest in the above-
described real property, to commit said property to an improvement district which
includes within its area the above-described property and covers the improvements
described above. However, Owner will not be required to participate in said
improvement district if it is prior to completion of the building permit described above.
This power of attorney is granted in consideration of the approval hereby given
by the City described above, and shall be a power coupled with an interest which may
not be terminated except at such time as the above approval be withdrawn or rescinded
by the City.
Upon determination by the City Engineer that the above property no longer
meets the deferral requirements, and as such determines that the improvements must be
Parcel 119152088 1815 Road 44, Pasco WA
Right -of -Way Improvements Deferral Agreement Page 3 of 6
constructed, the City shall provide the owner(s) written notice requiring the construction
of said improvements. Upon such notice, and after final decision of the Public Works
Director, the owner(s) shall have ninety (90) days to construct those improvements in
accordance with City standards and specifications. The construction period may be
extended by the Public Works Director or the Director's designee for an additional
period of ninety (90) days upon good cause such as inclement weather or the
unavailability of materials or services.
This Agreement constitutes a waiver of protest as provided by RCW 35.43.182.
7. This Agreement touches and concerns the real property described above
and hereby binds Owner, and its assignees, heirs, transferees, donees, and/or successors
in interest to said property. 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.
8. For the purpose of this Agreement, time is of the essence. Should any
dispute arise concerning the enforcement, breach or interpretation of this Agreement,
the parties shall first meet in a good faith attempt to resolve the dispute. In the event the
dispute is not resolved, it shall be resolved by binding arbitration pursuant to RCW
7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be
placed in Franklin County, Washington, the laws of the State of Washington shall
apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs.
9. Authority to Approve Agreement. The parties represent and warrant that
all steps necessary for the approval of this Agreement have been completed by:
A. Jaime Eduardo Salas
B. City of Pasco
The officers signing below are authorized to do so and that the execution of this deferral
agreement is valid and binding for all purposes.
Parcel 119152088 1815 Road 44, Pasco WA
Right -of -Way Improvements Deferral Agreement Page 4 of 6
DATED this '7 A day of I 12018.
CITY OF PASCO
ave Zab
City of Pasco City Manager
STATE OF WASHINGTON)
. ss.
County of Franklin)
On thisI day of --Tw- e- , 2018, 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 signed
the same as his free and voluntary act and deed for the uses and purposes therein
mentioned
GIVEN under my hand and official seal this day of �t / , 2018.
and for
,the jtatS of Washington
Residing at
My Commission
Parcel 119152088 1815 Road 44, Pasco WA
Right -of -Way Improvements Deferral Agreement
Page 5 of 6
O ER
to , ti/ht
J mie Edur o §alas
STATE OF WASHINGTON)
: ss.
County of Franklin)
L'
On this pp day of,lit 2018, personally appeared before me
'the Property Owner, described in and who
executed the within and foregoing instrument, and acknowledged he signed the
same as his free and voluntary act and deed for the uses and purposes therein
mentioned
GIVEN under my hand and official seal this ri day of Li �—C , 2018.
NOTARY PU'8LIC in and or the -State of Washington
Residing at G0- P�,6C ' Ia t��
My Commission Expires
ATTEST:
Daniela Erikson
City of Pasco City Clerk
APPR VED AS TO FORM:
Le td B. Kerr
ty of Pasco City Attorney
fit, *
iii/y.A 1-09.j Gip
htll'� 11WASN`�`�r
Parcel 119152088 1815 Road 44, Pasco WA
Right -of -Way Improvements Deferral Agreement Page 6 of 6