HomeMy WebLinkAbout20071107002011 LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT 091707Return Address:
City of Auburn
City Clerk
25 West Main
Auburn. WA 98001
11111111111 111111111111111
AG 45.00
Above this line reserved for recording information.
LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT
(Project No. FAC06-0034)
Reference # (if applicable): R I 1 P
Grantor/Borrower: Lawson Place LLC
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW-21-21-05
Assessor's Tax Parcel ID#: 212105-9059\212105-9131
THIS AGREEMENT made and entered into on the,>* day of 2007,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City", and Lawson Place LLC, hereinafter referred to as
"Property Owner", Said doauneru(a)weft fitedfor
record by Pacific Northwact Title as
aeconrmodation only. It h2s not beer
WITNESSETH: :xamined as to proper oxaoision or
as to its affect noon title.
WHEREAS, the Property Owner(s) is/are the owner(s) of real property in the
City of Auburn, County of ® King ❑ Pierce, State of Washington, located at 3801 and
3815 Auburn Way South 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 agrees to provide for those street-public works
improvements through participation in a future Local Improvement District ("LID")
encompassing those improvements, should one be formed; and,
WHEREAS, the Assistant Director of the Public Works/ City Engineer of the City
LID No Protest Agreement Page 1 of 6
of Auburn agrees that the Owner may provide for the placement of street-public works
improvements to serve the herein legally described property through participation in a
future LID,
NOW THEREFORE, based upon good and valuable consideration, the sufficiency of
which is hereby acknowledged, IT IS AGREED as follows:
1. LID PARTICIPATION
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 provide for the making, constructing, installing and providing for
the street-public works improvements identified and set forth in paragraph 4 of this
agreement through participation in a future LID.
2. OWNER(S) WILL NOT PROTEST FORMATION OF LID
The Property Owner agrees not to protest the formation of an LID for any or all of
the street improvements identified and set forth in paragraph 4 of this agreement, if
initiated by the City or by property owners adjacent to or benefiting the property.
The Owner retain the rights to object to the Owner's individual assessment and to
appeal the final assessment roll to the superior court.
3. TERM OF AGREEMENT
Pursuant to RCW 35.43.182, this Agreement shall terminate ten (10) years after its
date of execution.
4. DESCRIPTION OF IMPROVEMENTS
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, landscaping, storm drainage, curb & gutter, sidewalk, and
illumination. 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. 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."
6. 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.
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7. 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.
8. RECORDING
An executed copy of this agreement shall be recorded among the land records of
the ®King ❑Pierce County Auditor or Recorder.
9. 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,
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.
10. 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
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STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dennis Selle is 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 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 /7 4 day of 2007
''p~~N E.991j,it Ct l~ !,t L!J!2
- • 'sorvF % 'fit Notary Public in nd for tje State of Washington
~Resiing at
2
o NpTggy yN
My appointment expires /z2 Z~? -/5
nom. ptlBltG 2
y9~~ _~0 29:010-
Agreement Page 4 of 6
NER
TITLE
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify I have know or have satisfactory evidence that Kathy Dahm is the person who
appeared before me, and said person acknowledged that she signed this instrument on
oath stated that she was authorized to execute the instrument and acknowledge as the
(~Da rZ'Ah " , of Lawson Place a limited liability company, to be the
free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated 01
~V jOt~M'Y`~ 4'f. i
MS ~
/fit
LID No Protest Agreement Page 5 of 6
EXHIBIT A
ATTACHMENT
FOR
LAWSON PLACE PLAT
LOTS I AND 2, CITY OF AUBURN SHORT PLAT NUMBER SP-5-77,
RECORDED MAY 5, 1977 UNDER RECORDING NUMBER 7705050659;
BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON.
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