HomeMy WebLinkAboutViktor Savchuk Deferral Agreement AFN#1898211 AGREE
07/31/2019 11:35 AM
7 Page(s)$109.50
Matt Beaton,Auditor
Franklin Co.,WA
FRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
City of Pasco
Janette Romero
525 N. Third Ave
Pasco WA 99301
FORM COMPLETED BY: Janette Romero PHONE# 509-543-5738
PLEASE PRINT OR TYPE INFORMATION:
DOCUMENT TITLE(S)(or transaction contained therein)
1. Deferral Agreement for Infrastructure Improvements
2.
3.
GRANTOR(S)(Last name,first name, middle name/initials):
1. City of Pasco
2.
3.
4.
Additional names on page of document
GRANTEE(S)(Last name,first name, middle name/initials):
1. Viktor Savchuk
2.
3.
4.
Additional names on page of document
LEGAL DESCRIPTION(Abbreviated: ie.lot, block, plat or section,township, range)
Short Plat 2018-14 Lot 3
❑ Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
118170310
O Additional parcel numbers on page of document
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the
document to verify the accuracy or completeness of the indexing information
EMERGENCY NONSTANDARD REQUEST
I am requesting an emergency nonstandard recording for an additional fee of$50.00 as provided in
RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
Signature Date
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: 118170310
Legal Description: SHORT PLAT 2018-14 LOT 3
Address: 4512 CRESCENT RD,PASCO 99301
Owner: SAVCHUK,VIKTOR
DEFERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS
THIS DEFERRAL AGREEMENT entered into this€? day of
-JUL , 2019, by and between the City of Pasco, Washington, a
municipal orporation, hereinafter referred to as "City", and Viktor Savchuk, 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:
SHORT PLAT 2018-14 LOT 3,
Tax Parcel No: 118170310, 4512 Crescent Rd, Pasco Washington 99301
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
Parcel 118170310 4512 Crescent Rd,Pasco WA
Right-of-Way Improvements Deferral Agreement Page 1 of 6
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 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:
Adequate and proper right-of-way improvements shall include curb, gutter, sidewalk,
illumination, traffic control devices, drainage control, engineered road bases, asphalt
driving and parking lanes, and monumentation.
Crescent Road shall receive a concurrency evaluation at the time of improvements as
noted in PMC 12.36.050.
Limits for the deferral will be the installation of the described improvements for the
properties located at
SHORT PLAT 2018-14 LOT 3,
118170310, 4512 Crescent Rd, Pasco Washington 99301
The City grants the following permits:
Building Permit B 19-0915
Right of Way Permit ROW19-0282
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.
Parcel 118170310 4512 Crescent Rd,Pasco WA
Right-of-Way Improvements Deferral Agreement Page 2 of 6
1
3. Deferral Period. The deferral period shall commence upon final
acceptance of the work occurring per City of Pasco Building Permit: B 19-0915. 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
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 Crescent Rd 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
Parcel 118170310 4512 Crescent Rd,Pasco WA
Right-of-Way Improvements Deferral Agreement Page 3 of 6
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
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. VIKTOR SAVCHUK
B. City of Pasco
Parcel 118170310 4512 Crescent Rd,Pasco WA
Right-of-Way Improvements Deferral Agreement Page 4 of 6
The officers signing below are authorized to do so and that the execution of this deferral
agreement is valid and binding for all purposes.
DATED this 234 day of , 2019.
CITY OF PASCO
011"
Dave Zabell 411111111L
City of Pasco City Manager
STATE OF WASHINGTON)
. ss.
of Franklin County)
On this ,2byei day of , 2019, personally appeared before me
Dave Zabell, City Manager for 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 071°day of .S ,2019.
d"----e-71"reet.
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NOTARY PUB in and tort� a ate of Washington .$' OA L 74;4,,
Residing at W- /'LICLw-i zQ�, N"sw "4'�A
My Commission Expires s .0T4. '16
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Parcel 118170310 4512 Crescent Rd,Pasco WA
Right-of-Way Improvements Deferral Agreement Page 5 of 6
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OWNER
5,cze/ -(Y1
Viktor Savchuk
STATE OF WASHINGTON)
of Franklin County) :ss.
On this 64-day of i) v\.Q . , 2019, personally appeared before me
V V-jb y Z 51/"1G j v , 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
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GIVEN under my hand and official seal this V� day of ,A)V32-- , 2019.
V-abi : Notary Public
NOT 'Y PUBLI in and for the State of Washington StatetGSE
Resiting at t, A ( 2 v License Number 20619$
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City of Pasco, City Clerk
AP ' ' : .D AS : FORM:
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of Pasco, City Attorney
Parcel 118170310 4512 Crescent Rd,Pasco WA
Right-of-Way Improvements Deferral Agreement Page 6 of 6