HomeMy WebLinkAboutRon and Tracy Louise Asmus - Chapel Hill Boulevard LID Agreement (2)FRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
ATTN: Janette Romero
City of Pasco
525 N. Third Ave
Pasco, WA 99301
FORM COMPLETED BY: Janette Romero
PLEASE PRINT OR TYPE INFORMATION:
AFN # 1905693 AGREE
12/11/2019 10:56 AM
8 Page(s) $110.50
Matt Beaton, Auditor
Franklin Co., WA
PHONE # 509-543-5738
DOCUMENT TITLE(S) (or transaction contained therein)
1. Chapel Hill Boulevard Agreement
2.
3.
GRANTOR(S) (Last name, first name, middle name/initials):
1. Ron & Tracv Louise Asmus
2.
3.
4.
❑ Additional names on page of document
GRANTEE(S) (Last name, first name, middle name/initials):
1. City Of Pasco
2.
3.
4.
Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
Nwt14, NW'14, T0I'-215lUj 1,01 L
❑ Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
117510033
❑ 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
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
a�(yc)
FILED FOR RECORD AT REQUEST OF:
City of Pasco
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3"Avenue
Pasco WA 99301
Tax Parcel No. 117510033
Legal Description: LOT 1 OF RECORD SURVEY 1847849
CHAPEL HILL BOULEVARD AGREEMENT
r4
THIS AGREEMENT entered into this cD day of 2019, by and between
Ron and Tracey Louise Asmus, hereinafter referred to as "Property Owner", and the
City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City."
WHEREAS, the Property Owner owns or controls approximately 38 acres of
property in the northwest quarter of Section 16, township 9 North, Range 29, East W.M.
of the City of Pasco and is in the process of developing such property; and
WHEREAS, the certain real property referred to above is situated within the
City limits as designated by Franklin County; and
WHEREAS, the Property Owner, as a prerequisite to further development,
would be required to construct the northern portion of Chapel Hill Boulevard
(Roadway) including frontage improvements consisting of curb and gutter, sidewalk
and road surfacing to City Standards and including the installation of a 12" water main
as well as varying sizes of irrigation main within Chapel Hill Boulevard and extended to
the southeast limits of the property frontage to a point within the road right-of-way of
Chapel Hill; and
WHEREAS, the Property Owner has agreed to complete the required frontage
improvements through a Local Improvement District (LID) project; and
WHEREAS, the City is managing LID construction project for Chapel Hill
Blvd and associated utility work and has contracted for these improvements to be
completed through the already formed LID; and
Chapel Hill Boulevard Agreement
Agreement - 1 of 7
WHEREAS, the City must acquire the necessary right-of-way to complete this
portion of Chapel Hill Boulevard.
NOW, THEREFORE, and in consideration of the mutual terms and covenants
contained herein, the parties agree as follows:
1. Property Owner Obligations. Property Owner shall:
A. Dedicate as public right-of-way the south 50 feet of Parcel
117510033 for Chapel Hill Boulevard and the west 40 feet of Parcel 117510033
for the roundabout at Road 76, resulting in 194,898 square feet as shown in
Exhibit A;
B. Dedicate as public right-of-way 3,617 square feet at the
intersection of Chapel Hill Boulevard and Road 84 as shown in Exhibit B;
C. Provide the City with a trip generation analysis or use the most
current version of the Institute of Transportation Engineers (I.T.E.) Trip
Generation Manual to estimate anticipated traffic counts at full development of
the property.
D. Pay Transportation Impact Fees (TIF) per Pasco Municipal Code
Section 3.40. TIF shall be detennined based on final development of subject
parcel. See Section 2C for authorized TIF credits.
2. City Obligations. City shall:
A. Waive the requirement for a full Traffic Impact Analysis that is
typical of a development of this size and nature.
B. Utilize the trip generation analysis or estimated traffic counts
supplied by the Property Owner to determine the TIF owed by the Property
Owner as authorized by Pasco Municipal Code (PMC) 3.40.050.
C. Provide a TIF credit to the Property Owner in an amount up to
$487,251 as calculated below:
• South 50 feet of Parcel 117510033:
196, 898 square feet x $2.43/sf = $478,462
• Roundabout at SW corner Parcel 117510033:
3, 617 square feet x $2.43/sf = $8,789
Chapel Hill Boulevard Agreement
Agreement - 2 of 7
D. Provide an additional TIF credit to the Property Owner in an
amount equal to $2.43 multiplied by the final Road 76 dedicated right of way at
the time it is determined.
3. Term. This Agreement shall be effective commencing on the date the
Agreement is executed by all parties, and obligations of the parties with regard
to the present agreement, shall be reasonably prosecuted by the prompt transfer
of the property provided herein, and shall terminate upon the completion of all
terms outlined by this Agreement.
4. Authority to Approve A reement. The parties represent and warrant
that all steps necessary for the approval of this Agreement have been completed by:
A. Ron Asmus
B. Tracey Louise Asmus
C. City of Pasco
5. General Provisions.
A. This Agreement constitutes the entire agreement between the
parties, and no prior oral or written agreement shall be valid, and any
modifications of this Agreement must be in writing signed by all parties.
B. This Agreement shall be binding on the parties, and their heirs,
successors and assigns.
C. For the purpose of this Agreement, time is of the essence.
6. Dispute Resolution. In the event of a dispute between the parties
regarding the interpretation, breach, or enforcement of this Agreement, the parties shall
first meet in a good faith effort to resolve the dispute by themselves or with the
assistance of a mediator. The remaining dispute shall be resolved by arbitration
pursuant to RCW 7.04A, with all parties waiving the right of a jury trial upon de novo
review, with the substantially prevailing party being awarded its reasonable attorney
fees and costs against each other.
7. Mutual Cooperation and Further A reements. The parties agree to
cooperate in good faith, with regard to each and every aspect required for the
completion of the construction of the dedication of right-of-way, which is the object of
this Agreement, and to further sign all right-of-way dedication documents and
Temporary Construction permits that are reasonably necessary to accomplish the
purposes of this Agreement.
Chapel Hill Boulevard Agreement
Agreement - 3 of 7
DATED this 917 day ofd MN/, 2019.
City of Pasco, Washington:
By:
Title: y
STATE OF WASHINGTON)
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me j')Oi,VQ 2cAW, of the City of
Pasco, Washington, described in and who executed the within and foregoing instrument,
and acknowledged that 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
Janette Salazar Romero
taro {°
State of VV adit on
My Appoinbtlenl E�Ye� Q1/0QJ20d2 ,;
Chapel Hill Boulevard Agreement
Agreement - 4 of 7
Acu r
ry Public i_n and for th tate of Washington
Residing at 'Mt
My Commission Expires: 01
2019.
Prope wners:
By: Ron Asmus
2810 W. Clearwater Ave Ste. 102
Kennewick, WA. 99336
By: Tracey Louise Asmus
2810 W. Clearwater Ave Ste. 102
Kennewick, WA. 99336
STATE OF WASHINGTON)
ss
COUNTY OF FRANKLIN )
On this day personally appeared before me Ron Asmus and Tracey Louise
Asmus, husband and wife, to me known to be the Property Owners that executed the
foregoing instrument and acknowledged the said instrument to be their free and
voluntary act of and deed of said limited liability company, for the uses and purposes
therein mentioned, and on oath stated that they are authorized to execute the said
instrument and that the seal affixed is the corporate seal of said corporation.
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GIVEN under my hand and official seal this 2O day of na_� , 2019.
�vV����u�`INN►ra
\\����```QP ..••. E''0 NOTARY PUBLIC in and for the State of Washington
Residing at:
I IN%R y My Commission Expires: ltq f jZ_Z_
Chapel Hill Boulevard Agreement
Agreement - 5 of 7
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Exhibit A
ROAD .8A ti W—j
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011"00 400
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LINE
Parcel 117510033 Right -of -Way Exhibit for_ ENGINEERIW3
HL HILL EXTENSION LID Mimptic
A Project in the city of Pasco, WA
Chapel Hill Boulevard Agreement
Agreement - 6 of 7
Exhibit B
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Parcel 117610033 Rd 84 Roundabout ROW Exhibit for_ 'L, MIMENGMERING
CHA HILL. E T N IO L.ID
A Project in the city of Pasco,'VVA Q8/22r201s
Chapel Hill Boulevard Agreement
Agreement - 7 of 7