HomeMy WebLinkAboutRigoberto Hernandez - Deferral Agreement for Infrastructure Improvements FRANKLIN COUNTY RECORDING AFN#1935645AGREE
COVER SHEET 04/OS/202102:42PM
7 Page(s)$109.50
Matt Beaton.Auditor
NAME AND RETURN ADDRESS: Frank�in co..WA
City of Pasco
Attn: Kristin Webb
525 N. 3rd Ave
Pasco, WA 99301
FORM COMPLETED BY: Kristin Webb PHONE # 509-545-3441
PLEASE PRINT OR TYPE INFORMATION:
DOCUMENT TITLE(S) (or transaction contained therein)
�. DEFERRALAGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS
2.
3.
GRANTOR(S) (Last name, first name, middle name/initials):
1. HERNANDEZ. RIGOBERTO
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.
0 Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
FREYS ADD LOTS 1 T012 BLK 35 TOG W/W2 VAC ALLEY ADJ TOG WNAC COLORADO STRF�
Q Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
113473046
� 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
�3�HEN RECORDED RETURN TO:
City of Pasco
525 North 3rd
Pasco WA 99301
Tax Parcel No. 113-473-046
Description:
FREYS ADD LOTS 1 TO 12 BLK 35 TOG W/W2 VAC ALLEY ADJ TOG W/VAC
COLORADO STREET ADJ.
Owner: Rigoberto Hernandez,Royal Roofing Inc.
DEFERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS
THIS DEFERRAL AGREEMENT entered into this �"' day of
fl�.�i� , 2021, by and between the City of Pasco, Washington, a
municipal corporation, hereinafter referred to as "City", and Rigoberto Hernandez,
hereinafter 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:
FREYS ADD LOTS 1 TO 12 BLK 35 TOG W/W2 VAC ALLEY ADJ TOG W/VAC
COLORADO STREET ADJ.
WHEREAS, Owner has sought the approval of a development permit for such
property which would include the new construction of right-of-way infrastruciure
improvements as required by Pasco Municipal Code (PMC) 12.36.050 also described
hereinafter; and
Parcel# 113473046,Rigoberto Hernandez
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 City Engineer for the City has determined that the installation of
said improvements required for the development could be safely, effectively, and
efficiently implemented if done concurrently with the installation of improvements
required for other developments 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:
The installation of full frontage improvements to the partially vacated Pueblo Street
located south of this property, to include but not limited to 3/ roadway improvements,
curb and gutter, sidewalks, street lighting, striping, etc.
Limits for the deferral will be the installation of the described improvements for parcel
113-473-046
The City grants the following permit:
B20-3382
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.
3. Deferral Period. The deferral period shall commence upon final
acceptance of the work occurring per City of Pasco B20-3382. The deferral period shall
be as follows:
a) Within ten (10) years following 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 the frontage of
Parcel# 113473046,Rigoberto Hernandez
Right-of-Way Improvements Deferral Agreement Page 2 of 6
adjacent properties have not been developed, then development of such
roadway/frontage improvements is at the discretion of the City Engineer.
4. Completion of the deferred right-of-way roadway/frontage
improvements as described herein within the abutting right of way 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
described above. However, Owner will not be required to participate in said
improvement district if it is prior to completion of the binding site plan 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 waiver requirements, and as such determines that the improvements must be
constructed, the City shall provide the owner(s) written notice requiring the construction
Parcel# 113473046,Rigoberto Hernandez
Right-of-Way Improvements Deferral Agreement Page 3 of 6
of said improvements. Upon such notice, and after final decision of the City Engineer,
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
City Engineer or their 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. Authoritr� to Approve A�reement. The parties represent and warrant that all
steps necessary for the approval of this Deferral Agreement have been completed by:
A. Rigoberto Hernandez/Royal Roofing, Inc.
B. City of Pasco
The officers signing below are authorized to do so and that the execution of this
Deferral Agreement is valid and binding for all purposes.
Parcel# 113473046,Rigoberto Hernandez
Right-of-Way Tmprovements Deferral Agreement Page 4 of 6
City of Pasco,Washington:
By:
Title: ��
City/State/Zip Code
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
I certify that I know or have
satisfactory evidence that ���� ���� � is the person who appeared before
me, and said person acknowledged that (he/s#e� signed this instrument and
acknowledged it to be (his/kre�}-free and voluntary act for the uses and purposes
mentioned in the instrument.
2
GIVEN under my hand and of�cial seal this 5 day of ��L-- 20� .
_ �" �-�"'"" _�
NOTARY PUBL; C in d for the State of Washington APRIL CULWELL
Residing at: ���� � � � NOTARY PUBLIC#208573
My Commissian Expires: Ju �t a , �23 STAtE OF WASHINGTON
COMMISSION EXPIRES
JULY 19,2023
Parcel# 113473046,Rigoberto Hemandez
Right-of-Way Improvements Deferral Agreement Page 5 of 6
Developer:
��Ja� �C°���g, i�' .
By:
Title: �Y���('�'�
Address ����- �" su'�UY S�
1`�is Cv � a �
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
�( ��� I certify that I know or have
f��VY►�1L�t� .
satisfactory evidence thg t is the person who appeared before me,
and said person acknowledged that he/she signed this instrument and
acknowledged it to be their free and voluntary act for the uses and purposes
mentioned in the instrument.
GIV N u d - rny hand and official seal this��day of G�VIQ/Y(�1 202q
�--
,
NOTAR LIC in and or the State of Washington VANESA HERNANDEZ
Residing at: � �� 1�, ;,�� _ Notary Public
State of Washington
Commission lt 201771
ATTEST• My Comm.Expires Aug 2Z, 2022
Debby Barham
City of Pasco City Clerk
APPROVED AS FORM:
ric . erguson
C' of Pasco City Attorney
Parcel# 113473046,Rigoberto Hernandez
Right-of-Way Improvements Deferral Agreement Page 6 of 6