HomeMy WebLinkAboutILA - Washington State Dept Natural Resources Chapel Hill Boulevard LID"Sw"G tory
sV WASHINGTON STATE DEPARTMENT OF
o nATURAL RESOURCES
Ryr a�' HILARY S. FRANZ I COMMISSIONER OF PUBLIC LANDS
INTERLOCAL AGREEMENT
THIS AGREEMENT, made and entered into this day of J u n10— ,
2019, by and between the CITY OF PASCO, a political subdivision of the State of
Washington, herein called "Pasco", and STATE OF WASHINGTON, acting by and through
the Department of Natural Resources, herein called "State", WITNESSETH:
RECITALS
A. Whereas State owns the Lots 6 and 7 of Segregation Survey, Auditor's File No.
1847849, Section 16, Township 9 North, Range 29 East, W.M., Franklin County,
Washington ("Premises"), as shown on Exhibit A;
B. Whereas Pasco has approved and created a Local Improvement District (LID) for
the construction of Chapel Hill Boulevard, for which Lots 6 and 7 will be afforded
legal access and frontage, once built, as shown on Exhibit A;
C. Whereas no grant of road easement for Chapel Hill Boulevard has been granted by
State to Pasco;
D. Whereas Pasco agrees to compensate State, its assigns, lessees and/or successors,
for the required road easement area in an amount recommended by the Special
Benefit/Proportionate Assessment Study, as prepared by Valbridge Property
Advisors, dated January 15, 2019, at $4.00/square foot for Lot 7 and $5.00/square
foot for Lot 6 as the respective valuations.
Now, therefore, Pasco and State agree as follows:
AGREEMENT
1) Easement Compensation. State and Pasco agree with the findings and recommendations
of the Special Benefit/Proportionate Assessment Study, which has determined a value of
$4.00/square foot for Lot 7 and $5.00/square foot for Lot 6 along Chapel Hill Boulevard.
State and Pasco agree that the total value of the easement area, as encumbered by Chapel
Hill Boulevard is as follows:
Page 1 of 5
Area Value
• Lot 6 (south of Chapel Hill Blvd.): 42,821 sf $214,105.00
• Lot 7 (north of Chapel Hill Blvd.): 129,530 sf $518,120.00
• Lot 7 (roundabout area at Rd. 76): 344 sf $1,376.00
Total Compensation Value $733,601.00
Lot 6 represents 29.19% of the Total Compensation Value, whereas, Lot 7 represents
70.81 % of the same. In lieu of direct payment, and in accordance with Pasco Municipal
Code 3.35.230, Transportation Impact Fees, Pasco agrees to provide Transportation Impact
Fee credits to each Lot per the respective areas, percentages and values as noted above.
The applicable Transportation Impact Fee credits shall be awarded at the time each Lot is
approved for development, or portion thereof, in order to compensate State, its assigns,
lessees and/or successors for the recommended value of the easement area encumbered by
Chapel Hill Boulevard as required under RCW 79.36.440. The Transportation Impact Fee
credits, once fully and respectively applied, shall constitute the entire compensation for the
easement area.
In the event that the Transportation Impact Fee credits are insufficient in providing State,
its assigns, lessees and/or successors, the Total Compensation Value, other development
impact fee credits shall be considered, as necessary.
2) Distribution Authority of Fee Credits. At the time of submittal of development plans,
State, in mutual coordination with Pasco and the developer, shall determine the number
and/or percentage of Fee Credits awarded, based on the development of each Lot, or
portion thereof. Pasco, in coordination with State, shall maintain a record of awarded Fee
Credits until the Total Compensation Value has been achieved and is determined
satisfactory to both parties. The appropriate awarding of Fee Credits is irrespective of
whether Lot 6 and 7 are sold, leased and/or partially developed through legal segregation.
3) Record of Survey. Pasco shall prepare and record with the Auditor, subject to prior
approval by State, a Record of Survey showing the location of Chapel Hill Boulevard on
the Premises.
4) Authorization of Agreement. In consideration for conveyance of a road easement
underlying Chapel Hill Boulevard, as described herein, Pasco's City Council shall pass a
resolution or equivalent document authorizing this Agreement, in its entirety, between
Pasco and State, its assigns, lessees and/or successors.
5) Chapel Hill Boulevard Easement. Upon recordation of the Record of Survey and in
consideration for Pasco's authorization of compensation, State shall execute an easement
document titled City Road Easement, which grants Pasco an Easement for Chapel Hill
Boulevard over the Premises. Said Easement is a part of this Agreement as Exhibit B.
Page 2 of 5
6) Notice. Any notices or submittals required or permitted under this Agreement may be
delivered personally, sent by email or mailed first class, return receipt requested, to the
following addresses or to such other place as the parties hereafter direct. Notice will be
deemed given upon delivery, confirmation of email, or three (3) days after being mailed,
whichever is applicable.
To State:
DEPARTMENT OF NATURAL RESOURCES
Southeast Region
713 Bowers Rd
Ellensburg, WA 98926
Email:
To Grantee:
City of Pasco
525 North 3rd Avenue
PO Box 293
Pasco, WA 99301
Email:
7) Construction. The terms of this Agreement shall be given their ordinary meaning unless
defined herein and shall not be presumed construed against the drafter.
8) Effective Date. The Effective Date of this Agreement shall be the date on which the last
parry executes this Agreement. The Effective Date will be inserted on the first page of the
Agreement when such date is determined.
9) Exhibits. Both Exhibits A and B, as referenced in this Agreement, are incorporated as
part of the Agreement.
10) The City Manager of the City of Pasco, Washington, shall be designated as the
Administrator of this Interlocal Agreement, on behalf of the City. No independent special
budget or funds are anticipated, nor shall be created without the prior written agreement of
the parties. It is not intended that a separate legal entity be established to conduct this
cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal
property other than as specifically provided within the terms of this Agreement. A copy of
this Agreement, together with the City Road Easement, shall be recorded with the Franklin
County Auditor's office. The recorded documents may be posted on the City of Pasco or
Department of Natural Resource's respective websites; as required by RCW 39.34.040.
Page 3 of 5
IN WITNESS WHEREOF, the parties hereto have executed this instrument, in
duplicate, to become effective as of the day and year first above written.
CITY OF PASCO
Dated: zo , 20 1 /. F
DAVE ZAB
Dated: i ;�,C , 2Q4�.
ti -
City Manager
P.O. Box 293
Pasco, WA 99301
Phone: 509-545-3446
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Deputy Supervisor for State Uplands
1111 Washington Street SE
P.O. Box 47000
Olympia WA 98504-7000
Phone: 360-902-1355
Page 4 of 5
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EXHIBIT A
'MAP
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Franklin County Recording Cover Sheet
ALL information must be written in PRINT only and MUST be legible
Complete Name and Return Address:
Document Title(s]
Grantor
lOwnerlLessorlTrustor(s)
Grantee/Buyer/LesseelTrustee(s}
(� �b� Pffit()
AFN # 1896651 AGREE
06/27/2019 03:16 PM
6 Page(s) $104.00
Matt Beaton, Auditor
Franklin Co., WA
❑ Additional Names on Page
❑ Additional Names on Page
Abbreviated Legal Description (i.e. Lot, Block, Subdivision/Plat or Section, Township, Range)
W M _(G%a1411A M
Assessor's Property Tax Parcel Number 5
- SlQ . DWS?
4 1-1 - S 1 G - C3!'i
Auditor's Reference Numbers _ (if Applicable)
❑ Full Legal Description on Page
❑ Additional Tax Parcel Number(s) on Page
❑ Additional Reference Number(s) on Page
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.
CONFORMED COPY