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Home My WebLink AboutSergey Savchuk Deferral Agreement AFN#1898212 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. El Additional names on page of document GRANTEE(S)(Last name, first name, middle name/initials): 1. Sergey 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 2 Additional legal is on page of document AUDITOR'S REFERENCE NUMBER(S) ASSESSOR'S PROPERTY TAX PARCEL NUMBER 118170309 Ej 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 z 5�l 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: 118170309 Legal Description: SHORT PLAT 2018-14 LOT 2 Address: 4508 CRESCENT RD,PASCO 99301 Owner: SAVCHUK, SERGEY DEFERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS �T IS DEFERRAL AGREEMENT entered into this e�S'7'4ay of , 2019, by and between the City of Pasco, Washington, a municipal rporation, hereinafter referred to as "City", and Sergey 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 2, Tax Parcel No: 118170309,4508 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 118170309 4508 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 2, 118170309,4508 Crescent Rd, Pasco Washington 99301 The City grants the following permits: Building Permit B 19-1034 Right of Way Permit ROW19-0280 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 118170309 4508 Crescent Rd,Pasco WA Right-of-Way Improvements Deferral Agreement Page 2 of 6 3. Deferral Period. The deferral period shall commence upon final acceptance of the work occurring per City of Pasco Building Permit: B19-1034. 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 118170309 4508 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. SERGEY SAVCHUK B. City of Pasco Parcel 118170309 4508 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 ,,373day of 2019. CITY OF PASCO Dave Zabell City of Pasco City Manager STATE OF WASHINGTON) : ss. of Franklin County) On this 2jpYL4lay of �jti , 2019, personally appeared before me Dave Zabell, City Manager faJthe City of Pasco, Washington, described scribed m 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 p? ay ofl2019. � - UU NOTARY PUBLIC in and for the tie •f Washington �� NDA 111 Residing at �. !�� CGZ 1 _ �Q►�.��i„��/�///� My Commission Expires iaj��v33 „ d��ori,��''y,9 � 'b y Z/ iy ' ? '� L 4% i 4 � �e 3< i yi eLK. r .1 '.dep i,' Set ///Fill SHING\o`` Parcel 118170309 4508 Crescent Rd,Pasco WA Right-of-Way Improvements Deferral Agreement Page 5 of 6 OWNER �`,:b ANNE v. oittimousiso��'' �? Sergey Sav uk = •. •• • 9r.° STATE OF WASHINGTON) •••••• of Franklin County) :ss. ��SNMGTO�'�``••••� On this 5 dacy of 0 0 f , 2019, personally appeared before me ada.v , the Property Owner, described in and who executed'thEwithin 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 this6-t-h day of C)L Y\ E- ,2019. NOTARY PIII5td folfate of Washington Residing at ,, My Commission Expires k�� AT�ST: litiLjt , • ` / U pets hor, City of Pasco, City Clerk APPR I : I AS T s ORM: u.Ur City • ' 'asco, City Attorney Parcel 118170309 4508 Crescent Rd,Pasco WA Right-of-Way Improvements Deferral Agreement Page 6 of 6