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Home My WebLink About20140811000522 LOCAL IMPROVEMENT DIST NO PROTEST AGMT 07/16/14- --•��n Appnx}rrAAT . ill' [andi'11!`` ririttll �� Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 III I III 111111111111111111 I'l 11111 0140811000.22 FIRST AMERICAN AG 77 PAGE-001 OF 006 08/11/2014 11 47 KING COUNTY. WA Above this line reserved for recording information. LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Project No. SDR14 -0007 Reference # (if applicable): N/A Grantor /Borrower Maiya Andrews & Jock Creach Grantee /Assignee /Beneficiary City of Auburn Legal Description /STR. SE -SW Section 33 — Township 21 N — Range 05 E Assessor's Tax Parcel ID #- 332105 -9016 THIS AGREEMENT made and entered into on the 110 day of _I " 1 2014, by and between the City of Auburn, a municipal corporation of the State of'Washington, hereinafter referred to as "City ", and Maiya Andrews & Jock Creach, hereinafter referred to as "Property Owner ", C:iia"' a.x+i ;3^- ,.tt5 ?'4i)Ar'�iiA• WITNESSETH y z.,v ;-•y -,- s L• ",'. Y.. � i'i L�l nF3'$... WHEREAS, the Property Owner is /are the Owner of real property in the City of Auburn, County of ❑ King ❑ Pierce, State of Washington, located at 5302 Ward Ave. 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 tree - 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 of 6 WHEREAS, the Asst. Director of Engineering /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 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 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: Half street improvements along the east side of Ward Ave SE consistent with the City of Auburn Design Standards for a rural residential, which include 15' paved lane and shoulder, storm drainage ditch, and undergrounding of utilities Note that the width of pavement widening above is the minimum required. Additional paving and right -of -way dedication may be necessary to accommodate the roadway improvements depending on the surveyed location of the existing centerline of Ward Ave SE. All improvements shall be constructed in conformance with the City's design and construction standards in place at the time of design and construction LID No Prot Page 2 of 6 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 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 NKing ❑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 LID No Protest Agreement Page 3 of 6 CITY OF AUBURN DATED this day of J6 2014 STATE OF WASHINGTON )ss. COUNTY OF KING r of Engineering /City Engineer I certify that I know or have satisfactory evidence that Ingrid Gaub 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 acknowledged it as the Assistant Director of Engineering /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. Dated l / (,( LID No Proi Page 4 of 6 -- �Jczz' l_ ry Public-in and for residing at r- W-1-1 en My appointment expires ngton PROPERTY OWNER. s j l TITLE TITLE STATE OF WASHINGTON ss COUNTY OF KING On this day personally appeared before me, l ' /a.l UGt- Ogn(-7 rec ws and Jo & k ca L h , to me kndwn to be 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 the Property Owners Dated 15 ) th U J� le bey ?T O1AUup4 ~ ° Nar "a, Notary Pul In and for the State of Washington 's 11C �Lm Residing at 4 � My appointment expires o_� /ozrlc JAK/tlb /sys Ref H. \Development \Prolects\Andrews - Creach SFR \SDR14- 0007 \Legal Documents \2014 LID No Protest Agreement Page 5 of 6 EXHIBIT "A" LEGAL DESCRIPTION The land referred to is situated in the County of King, City of Auburn, State of Washington and is described as follows: That portion of the Southeast quarter of the Southeast quarter of Section 33, Township 21 North, Range 5 East W.M., more fully described as follows: Beginning at the Northwest corner of said Subdivision; THENCE South W 18' 10" East along the North line thereof 642.19 feet; THENCE South 00' 16' 51 " West 335.95 feet; THENCE North 89`14' 29" West 642.60 feet to the West line thereof; THENCE North 00"21' 33" East along said West line 335.26 feet to the Point of Beginning; EXCEPT the North 30 feet thereof as conveyed to King County for S.E. 3081" Street by Deed recorded under King County Recording No. 2720078; (ALSO KNOWN AS Tract 31 of Survey recorded under King County Recording No. 7704199010); EXCEPT those portions conveyed to the city of Auburn for road purposes by Deed recorded under King County Recording No. 9303031615. SITUATED in the County of King, State of Washington Tax Account No. 332105 -9016 RM LID No Protest Agreement Page 6 of 6