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Home My WebLink About20100727000927 LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT 072710 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 1 111 1 11 11 11 11 11111 20100727000927 PACIFIC NW TIT AG 67.00 PAGE-001 OF 006 07/27/2010 12:20 KING COUNTY, WA Above this line reserved for recording information. LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Clyde Short Plat - SPL08-0011 Reference#(if applicable): N/A Grantor/Borrower: 1) Fred P Clyde 2) Marlene M Clyde 67Y--).---? Grantee/Assignee/Beneficiary: City of Auburn / O Legal Description/STR: NE '/418-21-05 7f'ACIFlC NORTHWES T ITLE Assessor's Tax Parcel ID#: 2648000080 (13Lt--)34,2_- Z-- THIS AGREEMENT made and entered into on the day of --AuNE- , 2010, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City", and Fred P Clyde and Marlene M Clyde, hereinafter referred to as "Property Owners", WITNESSETH: WHEREAS, the Property Owners are the Owners of real property in the City of Auburn, County of ® King ❑ Pierce, State of Washington, located at 420 K Street NE and described as shown on Exhibit "A", attached hereto. WHEREAS, the Property Owners desire to make certain improvements or develop the above-referenced property; and, WHEREAS, in connection with the improvement or development of such property, certain street tree - public works improvements would need to be made or otherwise provided for; and, WHEREAS, the Property Owners agrees to provide for those street tree - public works improvements through participation in a future Local Improvement District ("LID") encompassing those improvements, should one be formed; and, Said doctorr,ents(s) were red # s;, "eccrd by Pacific 1'J i west Tile •a� :c r1 f16 E^.:ii 1'',_`}'J P?";`1 'MI not d ''c n i LID No Protest Agreement Page 1 of 6 WHEREAS, the Assistant Director of the Public Works/City Engineer of the City of Auburn agrees that the Owners may provide for the placement of street tree - 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 Owners, the City agrees to allow the Property Owners to provide for the making, constructing, installing and providing for the street tree- public works improvements identified and set forth in paragraph 4 of this agreement through participation in a future LID. 2. OWNERS WILL NOT PROTEST FORMATION OF LID The Property Owners 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 Owners retains the right 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, including pavement, under grounding of utilities, landscaping, storm drainage, curb, gutter, 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 agreement, or the rights of the parties to this agreement, it is agreed that venue shall be in King ❑Pierce County, Washington. LID No Protest Agreement Page 2 of 6 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 Owners 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 thja,agreement on the date and year first above set forth. ' , * # ,.1. .►84 MLI LID No Protest Agreement Page 3 of 6 CITY OF AUBURN h..9,..Q.--vt-vt.-; SJ1f2 Assistant Director of the Public Works/ City Engineer STATE OF WASHINGTON ) COUNTY OF KING ) ss 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 Assistant Director of the Public Works/ 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 02'C---- day of _) k-+ ,E__ , 2010. ---y y: c ..\\\,\ (..._ ‘ ik ,)_ , , , ,,,,, .. ._ ....., v. BADG;6,1 4�`to1Akk 'pay,; Notary Public rand for the to of Washington =u - • - Z ; Residing at .!� L(:, Q. C. L ` t t si-'� N%,,�/� OM. '�0 My appointment expires r f/r g J r i ' /►h'+`OF wp,5`.` LID No Protest Agreement Page 4 of 6 PROPERTY OWNERS: 167 /, _ OWNERS / TITLE . 1/JY.E'A\4. r E ?iJ ' OWNERS 1 TITLE STATE OF WASHINGTON) )ss. COUNTY OF KING ) On this day personally appeared before me, Pre p el yvie__ , and , to me known to be the /7 i 3 J//,;(c, and Mae/en (-_, Al. C/yde of or on behalf of the Property Owners ,and the 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 Owners. GIVEN under my hand and official seal this 21 day of tJe-f t'I-e._) , 2010. /' ei-e-e-ce--(_, If• 4.4,.......e._— _______ FF6 utcp-----H–TodmA I STATE OF WASHING Te /� J/ . /�v/!I� LNCT/\PYPUBtW, Notary Public in and for the S to of W7hiflgtOfl r MY�� My appointment expires gi Atly/ MAB/tlb/rt Ref: H:\Development\Projects\Clyde SPL\Local Imp No Protest Agreement Revised 2010 LID No Protest Agreement Page 5 of 6 EXIBIT"A" LOT 6, IN BLOCK"B"OF FRENCH'S FRIST ADDITION TO THE TOWN OF SLAUGHTER,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME: OF PLATS ON PAGE 53 IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 38 FEET THEREOF AS CONVEYED TO THE CITY OF AUBURN FOR"K" STREET NORTHEAST BY DEED RECORDED UNDER RECORDING NUMBER 3023205. 40 it V) Or -w-.;• $4Ait4" 51 L,03 \s,„, LID No Protest Agreement Page 6 of 6