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HomeMy WebLinkAboutDavid & Jean Conklin - LID Waiver of Protest Agreement - Parcel #118462012FILED FOR RECORD AT THE REQUEST OF: AFN # 1881283 AGREE City of Pasco 0711212018 01:46 PM 3 page(s) $101.00 WHEN RECORDED RETURN TO: Matt Beaton, Auditor City of Pasco Franklin co.. WA 525 North 3rd Pasco, WA 99301 Tax Parcel No. 118462012 Legal Description: SHORT PLAT 76-10 LOT 4 EXC PTN DAF: BEG AT SW COR SD LOT; TH N01D28' E, 30.94; TH S89D29'E, 22.19' TO BEG OF A 70'RAD CUR TO RT; TH SELY 38.63' ALG ARC OF SD CUR THRU CNTRL ANG OF 31D37; TH S57D52'E, 39.18' TO S LN SD LOT 4; TH N89D29'W, 92.78' TO SW COR SD LOT 4 & TPOB. LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST AGREEMENT THIS LOCALf IMPROVEMENT DISTRICT WAIVER OF PROTEST AGREEMENT entered into thi�ay of 2018, by and between David and Jean Conklin, hereinafter referred to as "Owners", and the Cit of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City." WHEREAS, the Owners hereto warrant that they each own the parcels of property listed and described as follows: SHORT PLAT 76-10 LOT 4 EXC PTN DAF: BEGAT SW COR SD LOT; TH NOID28' E, 30.94; TH S89D29'E, 22.19' TO BEG OF A 70'RAD CUR TO RT; TH SELY 38.63' ALG ARC OF SD CUR THRU CNTRL ANG OF 31D37% TH S57D52'E, 39.18' TO S LN SD LOT 4; TH N89D29'W, 92.78' TO SW COR SD LOT 4 & TPOB., and WHEREAS, the Owners have requested a waiver from section 13A.52.040 of the City of Pasco Municipal Code, and allow the owners to install an on-site septic system, legally permitted by the Benton - Franklin District, and AX :r.� 4� _5a,.eA, �,,f a���r -o13 -4- 47— S,7 -r4_ WHEREAS, as a condition of granting said waiver, the City requires that the Owners agree that, if and when a Local Improvement District is formed for the purpose of extending sanitary sewers capable of serving the properties covered by this agreement, the Owners shall not attempt to oppose, challenge, or invalidate the formation, and the Owners will cooperate with any and all petitions supporting said LID, and that the promise to abstain from protest by a covenant running with the land binding on all subsequent owners, NOW, THEREFORE, and in consideration of the AGREEMENTS, COVENANTS, AND PROMISES contained herein, the Owners hereto agree as follows: 1. OWNER OBLIGATIONS A. In the event that a Local Improvement District (LID) is formed for the purpose of extending sanitary sewers to the Properties, the Owners will not attempt to oppose, challenge, or invalidate the formation of said LID, or protest the inclusion of the LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST AGREEMENT -1 Properties within said LID, or protest the connection charges assessed to the Properties in conjunction with said LID, and will cooperate with any and all petitions supporting said LID. B. In the event that a sewer main is installed to the Properties by the City or by others, by means other than an LID, the Owners will immediately obtain a sewer service connection permit from the appropriate agency and connect each structure on the Properties to the sewer system, and pay all the connection charges and fees associated with the connection of the Properties to the sewer system. C. All Owners hereto agree and understand that the City has no responsibility for the connection of the Properties to the public sanitary sewer system. D. This LID Waiver of Protest does not waive the Owner's right to object to the Owner's individual assessment (including the determination of special benefits allocable to the property). 2. TERMS A. This agreement shall become effective the date first written above (Effective Date) and shall terminate ten years thereafter. B. This LID Waiver of Protest Agreement touches and concerns that real property described above and shall be a covenant running with the land and shall be binding on all heirs, assigns, transferees, and subsequent successors in interests. DATED this;2.7r'3ay of�, 2018. City of Pasco, Washington: By: Title: a City/State/Zip Code STATE OF WASHINGTON ) ss COUNTY OF FRANKLIN I certify that I know or have satisfactory evidence that ✓ (i o is the person who appeared before me, and said person acknowledged that (&/she) signed this instrument and acknowledged it to be (cher) free and voluntary act for the uses and purposes mentioned in the instrument. under my hand Residing at:�(, My Commission this,4ay of 644,y 018. LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST AGREEMENT -2 y�4,4� -09. iii F 4uaa. Ilk i11 Op WAO Owners: By: % , , By: STATE OF WASHINGTON ) ss COUNTY OF FRANKLIN I certify that I know or have satisfactory evidence that David and Jean Conklin are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. GIVEN under my hand an official . al this ay of Cad 2018. NOTARY PUBLIC in andfor the State/6f shingtonJtCA _ ( �.�� I�tthl// Residing at: O . /G, GCi LGt I, My Commission Expires: �i � 4y' �{�+ SH`NG.` LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST AGREEMENT -3