HomeMy WebLinkAbout20071107002007 LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT 111507(12, 0 q)
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT
(Project No. BLD07-0312)
Grantor/Borrower: Kenneth and Sarah
Beyersdorf
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW 30-21-05
Assessor's Tax Parcel ID#: 302105-9357
CID)k5
THIS AGREEMENT made and entered into on the'A~A day of thl' Z,, 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 Bey&wufadghe101wJWWfAWred to
as "Property Owner", record by Pacific Northwest TMe 4%
accommodation only. it has not Men
WITNESSETH: 9xamined as to proper exaurlon or
as to Its affect open tide.
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 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 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,
LID No Protest Agreement Page 1
WHEREAS, the Assistant Director of the Public Works/ City Engineer of the City
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 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. 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
LID No Protest Agreement Page 2 of 6
agreement, or the rights of the parties to this agreement, it is agreed that venue
shall be in ®King ❑Pierce County, Washington.
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
CITY ENGINEER
LID No Protest Agreement Page 3 of 6
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 ~S day of eye4w1~ mac! 2007
1
'fooN
VPQ • ~ssioNF y0
o° NO7gRY m i2
N~~~. '~VBUG
141 `t
Notary Public in od for th tate
Residing at Gc
My appointment expi es ~D
06012
LID No Protest Agreement Page 4 of 6
PROPERTY OWNER(S):
a
OWNER
ITLEy~~, n
ER
TITLE
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.I5r day of
\ l
clhw-- .2007.
CL
Notary Public i andi,~rnthe State of Washingto
Residing at ac e-t ~R
My appointment expires 1 7-e~
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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 GRAVETZ
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 31'15'31" 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 07'5804", 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.
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