HomeMy WebLinkAbout20071107002006 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 111507(1 7 CO
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
III
W
PACIFIC NW TIT AG
PAGE001 OF 006
11/07/2007 16:06
KING COUNTY, WA
Above this line reserved for recording information.
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
(Project No. BLD07-0312)
Reference # (if applicable):
P
}WT W'a j~
Grantor/Borrower:
Kenneth and Sarah "
Beyersdorf
C. l i
Grantee/Assignee/Beneficiary:
City of Auburn
Legal Description/STR:
SW 30-21-05
Assessor's Tax Parcel ID#:
302105-9357
THIS AGREEMENT made and entered into on the'A"day of U41'_ , 2007,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City", and Kenneth and Sarah BeyeWrf hereinafter referred to
as "Property Owner", ddaiffin tt(6)~flisdfor
14Wd by Pacific Nalhwwct Title ab
a62MW*d4on orUy. it has not hr:.
W ITNESS ETH: 3xami1W as to proper axaoution r
as to Its affect W)n title
WHEREAS, the Property Owner is the owner of real property in the
City of Auburn, County of ® King ❑ Pierce, State of Washington, located at 930 Oravetz
RD SE and described as shown on Exhibit "A," attached hereto.
WHEREAS, the Property Owner desires to make certain improvements or develop
the above-referenced property; and,
WHEREAS, in connection with the improvement or development of such property,
certain street-public works improvements would need to be made or otherwise provided
for; and,
WHEREAS, the Property Owner desires to defer those street-public works
improvements to a later time, and has requested agreement by the City for such deferral;
and,
Agreement for Deferral of Improvements
Page 1 of 6
WHEREAS, the City Engineer of the Public Works Department of the City of
Auburn has approved the request to delay the placement of street-public works
improvements to serve the herein legally described property;
NOW THEREFORE, based upon good and valuable consideration, the sufficiency of
which is hereby acknowledged, IT IS AGREED as follows:
1. DELAY OF IMPROVEMENTS
In connection with this agreement, and in connection with the development and/or
improvement to the land of the Property Owner, the City agrees to allow the
Property Owner to delay the making, constructing, installing and providing for the
street-public works improvements identified and set forth in paragraph 4 of this
agreement.
2. CONSTRUCTION OF IMPROVEMENTS
The Property Owner hereby agrees and covenants that he shall construct or cause
to be constructed the deferred improvements described below at his expense upon
determination by the City of Auburn that the improvements have become necessary.
In the event the City determines to construct the improvements as part of a public
works project the property owner, or owners, shall make payment to the City of
Auburn of the pro-rata share of the cost of the project. Such costs shall include but
are not limited to engineering, permitting, construction, inspection and other project
related expenses, which benefit the property of the Property Owner, described on
Exhibit "A" attached hereto and incorporated herein by this reference. In the event
that said property is subdivided or sold in the future, the Property Owner agree to
include as a condition of sale and/or a restrictive covenant the condition that the
obligations to make, construct, install or provide, for the street-public works
improvements identified and set forth in paragraph 4, below, shall apply to the
subdivisions and future sales of portions of the property identified on Exhibit "A".
The condition of sale and/or restrictive covenant shall also provide that the
aforesaid pro-rata fair share of each portion of the property shall be divided
amongst the subdivided lots
3. NOTICE AND TIME OF CONSTRUCTION
The obligation of the Property Owner to make, construct, install and provide for the
street-public works improvements described and set forth in paragraph 4, below,
shall arise upon not less than thirty (30) days prior written notice to the Property
Owner by the City. The time by which the Property Owner shall make, construct,
install or provide for said improvements shall be not later than twelve (12) months
after the written notice by the City.
4. DESCRIPTION OF IMPROVEMENTS
Agreement for Deferral of Improvements
Page 2 of 6
The improvements to be included in connection with this agreement shall be as
follows:
One-half (1/2) of a (local access street; collector arterial; minor arterial; principal
arterial), including pavement, undergrounding of utilities, landscaping, storm
drainage, curb & gutter, sidewalk, illumination, channelization, and signing. All said
improvements shall be constructed in conformance with the City's design and
construction standards in place at the time actual design and construction takes
place.
5. NONEXCLUSIVE REMEDIES
In addition to any and all other remedies available to the City, at law or in equity, if
the Property Owner fails to make, construct, install or provide for the improvements,
or otherwise arrange for the construction and installation of such improvements,
then the City shall be entitled and authorized to make, construct, install or provide
for such improvements and bill the Property Owner for the costs incurred in
connection therewith, and/or file a lien on the property of the Property Owner for the
amount of the City's full costs and expenses therefore, and enforce the lien in
accordance with legal process. Any such billing by the City to the Property Owner
shall be paid by the Property Owner within sixty (60) days of the billing, unless other
arrangements are made in advance.
6. BINDING ON HEIRS, ASSIGNS
This agreement shall be binding on the heirs, assigns and successors in interest of
the parties hereto, and the obligations hereunder shall run with the land described in
Exhibit "A".
7. CONSTRUCTION AND VENUE
This agreement shall be construed in accordance with the laws in the State of
Washington. In the event of any litigation regarding the construction or effect of this
agreement, or the rights of the parties to this agreement, it is agreed that venue
shall be in ®King ❑Pierce County, Washington.
8. COSTS TO PREVAILING PARTY
In the event that either party initiates any action to enforce the terms and conditions
of this agreement, the prevailing party shall be entitled to reasonable costs and
attorneys fees.
9. RECORDING
An executed copy of this agreement shall be recorded among the land records of
the ®King ❑Pierce County Auditor or Recorder.
10. INDEMNIFICATION
The Property Owner shall indemnify and hold the City and its agents, employees,
and/or officers, harmless from and shall process and defend at its own expense any
and all claims, demands, suits, at law or equity, actions, penalties, losses, damages,
Agreement for Deferral of ImprovementsPage 3 of 6
or costs, of whatsoever kind or nature, brought against the City arising out of, in
connection with, or incident to the execution of this Agreement and/or the Property
Owner's performance or failure to perform any aspect of this Agreement. No liability
shall attach to the City by reason of entering into this Agreement except as expressly
provided herein.
11. ENTIRE AGREEMENT
This agreement contains the entire understanding of the parties with respect to the
matters set forth herein and any prior or contemporaneous understandings are
merged herein. This contract shall not be modified except by written instrument
executed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
date and year first above set forth.
CITY OF AUBURN
CITY ENGINEER
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dennis Selleis the person who
appeared before me, and said person acknowledged that he signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as
the City Engineer of Public Works of the City of Auburn to be the free and voluntary act
of such party for the uses and purposes mentioned in this instrument.
GIVEN under my hand and official seal this "day of , 2007
y PQLYN F, Bey
: ~aLic Notary Public in nd or the State of Washington
s9~'.'0 :`2= Residing at i Ol lr I
~~'~F,WASH~~~+. My appointment exp' s - -.o
Agreement for Deferral of ImprovementsPage 4 of 6
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
On this day personally appeared before me, Kenneth and Sarah Beyersdorf, to me
known to be the owners of or on behalf of the Property Owner and the individual or
individuals described in and who executed the within foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed, for
the uses and purposes therein mentioned, and on oath stated that they are authorized
to execute the above agreement as or on behalf of the Property Owner.
GIVEN under my hand and official seal this o, day of a z 2007
C-Z o,-) A P z__
z
fir) 0 1 C "Y) VIA4(f: VACe TO kdlp-kC k"'
Notary Public I andthe State of Washingtoi
Residing at X24 a-k,t'
My appointment expires C
Agreement for Deferral of tmprovementsPage 5 of 6
PROPERTY OWNER(S):
EXHIBIT A
PARCEL 8:
THAT PORTION OF THE SOUTH 420.00 FEET OF THE NORTH 650.00 FEET OF THE WEST 640.00 FEET OF
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 21 NORTH,
RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING SOUTHEASTERLY OF EXISTING ORAVETZ
ROAD (STUCK RIVER ROAD);
EXCEPT THAT PORTION LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., KING COUNTY,
WASHINGTON;
THENCE SOUTH 88'51'27" EAST, ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 0.95 FEET TO A
POINT ON THE SOUTHEASTERLY MARGIN OF EXISTING ORAVETZ ROAD AS DESCRIBED IN STATUTORY
WARRANTY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20060807001227;
THENCE NORTH 3115'31" EAST, ALONG SAID MARGIN, A DISTANCE OF 56.61 FEET TO THE BEGINNING
OF A CURVE CONCAVE SOUTHEASTERLY, THE RADIAL CENTER OF WHICH BEARS SOUTH 58'44'29" EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1156.67 FEET, THROUGH A CENTRAL
ANGLE OF 07'58'04", AN ARC DISTANCE OF 160.85 FEET TO THE SOUTHEASTERLY MARGIN OF THE
HEREIN-ABOVE FIRST DESCRIBED EXISTING ORAVETZ ROAD AND THE TERMINUS OF SAID DESCRIBED LINE.
Agreement for Deferral of ImprovementsPage 6 of 6