HomeMy WebLinkAboutResolution 2026-02, SP 2025-02 Deferral AgreementCity of East Wenatchee Resolution 2026-02 with Exhibit A
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City of East Wenatchee, Washington
Resolution No. 2026-02
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute a deferral agreement for frontage improvements
associated with SP 2025-02 between the City of East Wenatchee and
the applicant.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con el vendedor de la
ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-
9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at
711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to organize and regulate its internal affairs and to define
the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute a
deferral agreement that conforms to the language set forth in Exhibit
A.
4. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
5. Effective date. This Resolution becomes effective immediately.
City of East Wenatchee Resolution 2026-02 with Exhibit A
Retain Resolution until no longer needed for City -business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 2 of 2
Passed by the City Council of East Wenatchee, at a regular
meeting thereof on this 20th day of January, 2026.
The City of East Wenatchee,
Washington
By ________________________
Jerrilea Crawford, Mayor
Attest:
___________________________
Anna Laura Leon, City Clerk
Approved as to form only:
___________________________
City Attorney
Filed with the City Clerk: 01-14-2026Passed by the City Council:01-20-2026
Effective Date: 01-20-2026
Jerrilea Crawford (Jan 30, 2026 10:24:57 PST)
Jerrilea Crawford
DEFERRED IMPROVEMENTS (11/2025) – CITY OF EAST WENATCHEE SP 2025-02
Return Document to:
City of East Wenatchee
271 9th Street NE
East Wenatchee, WA 98802
Document Title: Deferred Improvements Agreement
Related Documents: N/A
Grantor: Michael K. Story
Grantee: City of East Wenatchee
Legal Description: That portion of the North ½ of Lot 52, East Wenatchee Land Company’s Plat of Section 2,
Township 22 North, Range 20 E.W.M., Douglas County, Washington, according to the Plat thereof, recorded in
Volume A of Plats, Page 194, City of East Wenatchee, Washington.
Parcel Number(s): 40000005209
DEFERRED IMPROVEMENTS AGREEMENT
Covenants Consenting to Formation of District and Agreeing to Pay for Future Construction of 250 12 th Place
NE Improvements
This Agreement is made this day by and between City of East Wenatchee, and the undersigned Owner.
WHEREAS, the Owner has submitted an application for a development permit;
WHEREAS, EWMC 12.50.150 requires that transportation system and frontage improvements be
completed as a condition of final development permit approval; and
WHEREAS, the City Engineer has, pursuant to EWMC 12.50.150C, found that alternatives to immediate
construction of transportation system and frontage improvements are appropriate;
NOW, THEREFORE, for and in consideration of the granting of a development permit and deferring such
improvements, the parties agree as follows:
1. Project Information
File Number: SP 2025-02
Project Name: Story Short Plat
Owner Name: Michael K. Story
Address: 250 12th Place N.E.
East Wenatchee, WA 98802
Developer Name: Same as owner
Address:
Legal Description: That portion of the North ½ of Lot 52, East Wenatchee Land Company’s
Plat of Section 2, Township 22 North, Range 20, E.W.M., Douglas County, Washington, according to the
plat thereof, recorded in Volume A of Plats, Page 194.
2. Improvements. The parties hereby agree that the improvements described at Exhibit B, attached hereto
and incorporated by this reference, may be deferred according to the terms and conditions of this
Agreement.
Exhibit A
City of East Wenatchee
Resolution 2026-02
DEFERRED IMPROVEMENTS (11/2025) – CITY OF EAST WENATCHEE SP 2025-02
3. Deferral of Improvements – Alternatives. The parties hereby agree that the required improvements shall
be deferred by one of the following methods, whichever occurs first:
A. Participation in District. If, prior to construction of the deferred improvements, a local improvement
district (RCW Chapter 35.43), road improvement district (RCW Chapter 36.88), or transportation
benefit district (RCW Chapter 36.73) is hereafter formed that includes the Owner’s pr operty described
as Exhibit A and that includes the construction of the deferred improvements described at E xhibit B,
then the Owner hereby consents to inclusion of the Owner’s property described at Exhibit B, then the
Owner hereby consents to inclusion of the Owner’s property described at Exhibit A within such district
and imposition of assessments to pay for the construction of the deferred improvements. The Owner
waives any and all objections to the formation of such district. The Owner reserves the right to contest
the allocation method of any assessments imposed upon the property by such district. The Owner
agrees to execute any additional instruments reasonably necessary to effectuate the intent of this
paragraph.
B. Participation in Project. If the City constructs the deferred improvements prior to formation of a
district under subparagraph A, the Owner agrees to pay the total actual cost for constructing the
deferred improvements. If the deferred improvements are constructed as part of a p roject that includes
more than the deferred improvements, then the Owner shall pay a share of the total actual cost
calculated by the City using the lineal feet of the Owner’s property’s road frontage. The owner
reserves the right to contest the City’s calculation of the Owner’s share of the actual total cost. The
Owner’s share of the actual total cost shall be paid in full within thirty (30) days after project
substantial completion. The Owner hereby personally guarantees payment of the Owner’s share of the
actual total cost incurred to construct the deferred improvements. The Owner does hereby grant a lien
against the Owner’s property described at Exhibit A to secure such payment and such lien may be
recorded with the Doulgas County Auditor as a Notice of Lien and foreclosed as a mortgage against
the property. The owner agrees to execute any additional instruments reasonably necessary to
effectuate the intent of this paragraph.
The City’s total cost estimate for constructing the deferred improvements described at Exhibit B is
$forty-three thousand three hundred thirty-seven dollars ($43,337). The Owner agrees and
acknowledges that the total cost estimate is non-binding and is an estimate only. The total cost of
the deferred improvements at the time of actual construction may exceed the total cost estimate.
Increased costs of labor, materials and equipment, design changes, design standards, and changes in
applicable laws and regulations may increase the actual total cost of the constructed improvements.
This Agreement does not constitute a guarantee or any other representation by the City as to the final,
actual cost of the deferred improvements. The Owner hereby accepts the risk that the actual cost of
constructing deferred improvements may exceed the total cost estimate.
4. Binding Upon Property, Successors and Assigns. This Agreement shall bind the real property described
at Exhibit A and shall constitute a covenant that runs with the land. This Agreement shall be binding upon
the Owner and all heirs, devisees, donees, purchasers, transferees, assigns and other succes sors in interest
acquiring title to the property described at Exhibit A.
5. Term. This Agreement shall be effective upon recording with the Douglas County Auditor and shall
remain in effect for a period of ten (10) years after the date of recording. This Agreement shall expire after
such ten (10) year period and all obligations of th e Owner and all obligations of heirs, devisees, donees,
purchasers, transferees, assigns and other successors in interest acquiring title to the property described at
Exhibit A shall terminate, except for payment of costs for any improvements made prior to expiration.
6. Time. Time is of the essence of this Agreement.
7. Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and signed by
the parties. No waiver shall be implied as to any term or condition of this Agreement.
Exhibit A
City of East Wenatchee
Resolution 2026-02
DEFERRED IMPROVEMENTS (11/2025) – CITY OF EAST WENATCHEE SP 2025-02
8. Entire Agreement. This Agreement constitutes the entire agreement between the City and the Owner.
There are no understandings or agreements other than those set forth in this Agreement. No other
statement, representation or promise has been made to induce either party to enter into this Agreement.
9. Modification. This agreement may not be amended, supplemented or otherwise modified unless expressly
set forth in a written agreement signed by the parties.
OWNER/DEVELOPER
Date:_____________________ ______________________________
Michael K Story, Owner/Developer
City of East Wenatchee, Washington
Date:_____________________ ______________________________
Jerrilea Crawford, Mayor
APPROVED AS TO FORM: Attest:
_________________________ _____________________________
Bob Siderius, City Attorney Laura Leon, City Clerk
STATE OF WASHINGTON )
) ss
County of Douglas )
I certify that I know or have satisfactory evidence that Michael K. Story signed this instrument
and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this
instrument.
DATED this ____ day of ______________, 2025.
__________________________________
Notary Public for the State of Washington
Residing at _________________________
My Commission expires:______________
Exhibit A
City of East Wenatchee
Resolution 2026-02
DEFERRED IMPROVEMENTS (11/2025) – CITY OF EAST WENATCHEE SP 2025-02
EXHIBIT A
DEFERRED IMPROVEMENTS AGREEMENT
REAL PROPERTY LEGAL DESCRIPTION
That portion of the North ½ of Lot 52, East Wenatchee Land Company’s Plat of Section 2, Township 22
North, Range 20, E.W.M., Douglas County, Washington, according to the plat thereof, recorded in
Volume A of Plats, Page 194.
All lots and tracts within the Story Short Plat as authorized under City of East Wenatchee
Project File No. SP 2025-02.
Exhibit A
City of East Wenatchee
Resolution 2026-02
DEFERRED IMPROVEMENTS (11/2025) – CITY OF EAST WENATCHEE SP 2025-02
EXHIBIT B
ESTIMATED COST OF IMPROVEMENTS
The total estimated cost of improvements is $43,337. Additional support for this estimate is attached to
the following pages.
Exhibit A
City of East Wenatchee
Resolution 2026-02
Exhibit A
City of East Wenatchee
Resolution 2026-02
Exhibit A
City of East Wenatchee
Resolution 2026-02
2. RRS signed Resolution 2026-02, SP 2025-02
Deferral Agreement (1)
Final Audit Report 2026-01-30
Created:2026-01-30
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAy9DJuqBZLZ-jMCHdHKFVKhVXXJP0pUjv
"2. RRS signed Resolution 2026-02, SP 2025-02 Deferral Agree
ment (1)" History
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2026-01-30 - 5:27:21 PM GMT
Document emailed to Jerrilea Crawford (jcrawford@eastwenatcheewa.gov) for signature
2026-01-30 - 5:27:34 PM GMT
Email viewed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
2026-01-30 - 6:24:38 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2026-01-30 - 6:24:57 PM GMT - Time Source: server
Agreement completed.
2026-01-30 - 6:24:57 PM GMT