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HomeMy WebLinkAbout9412270308 PARKING DELAY AGREEMENT 12211994 " • t ✓ ' S� � O �z� " t� 7 PARKING DELAY AGREEMENT � CITY OF AUP , I R'd This Agreement entered into on the date hereinafter set forth by and between Phillips •Y;. :,. .Pitre, Inc., dba Rainbow Cafe, his/her/their heirs, successors, and assigns hereinafter referred to (7 s as the "Owner" and the City of Auburn, Washington, hereinafter referred to as the "City". WITNESSETH WHEREAS, the Owner is in the process of developing his/her/their property on 106 East Main legally described as follows: See EXHIBIT "A". WHEREAS, the Owner has requested permission to delay the provision of the required parking spaces to serve the aforesaid legally described property and the request was approved by 00 the City Engineer of the Auburn Public Works Department on the -z/ day of 0 62 O i� WHEREAS, the owner agrees to either construct said parking spaces when deemed necessary by the City or participant in a future LID for a Central Business District Parking --� Facility. The Central Business District is identified in the City's Comprehensive Plan. WHEREAS, this agreement is recorded with the King County Auditor's Office, and the Owner agrees to advise all subsequent interests in the subject property of the existence of this agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived herein, a delay �j is hereby authorized in conformance with Auburn City Code (Section 18.52.080 off-street parking E-- - in lieu of fees) that will,allow the Owner to defer the construction and/or payment of construction if done�by the City, of the required parking facilities until the City deems it necessary to construct said central parking facilities. The owner also agrees not to protest the formation of a Local Improvement District for any or all of the parking improvements listed above, if initiated by the City or by property benefiting owners, or if such provision is non-enforceable, the owner agrees to join in the formation of an LID. The basis of determining pro rata share shall be in accordance with State laws regulating Local Improvement Districts. �a �.0 r It is further agreed by the Owner, his/her/their respective heirs, successors, or assigns, and all other subsequent Owners, their respective heirs, successors, or assigns, that should it be necessary for the City to enforce any of the hereinabove provisions of this Agreement, the Owner, his/her/their heirs, successors, and assigns hereby covenant and agree to pay the City all reasonable attorney fees and costs incurred by the City to enforce the provisions of this Agreement. .r� cr, C] co PARKING DELAY AGREEMENT it rl ra t�tr n most pfd US 12/16/94 dr r, t�C1(dl A.S a US10rM Page 1 of 3 wudcsy and acc*s o b y 10109 UVUA? 'C,P An executed copy of this agreement shall be recorded among the land records of the King County Auditor. r� DATED and SIGNED this e day of ���c -1 , 19 9.�f CITY OF AUBURN Dennis R. DowAy City Engineer OWNERS: ATTEST: CITY CLERK , O c� O -------------------------------------------- PARKING DELAY AGREEMENT 12/16/94 Page 2 of 3 �O STATE OF WASHINGTON ) )ss. COUNTY OF KING ) / On this (� day of �fi� , 19R 5; before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared i a yu-a� S , P%-�-v-e- and(W Li �I )- P%Ti'-0- to me known to be the J-O-T� �President and P;f-r sit-'C' c� Secretary, respectively, of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that authorized to execute the said instrument and that the seal affixed in the corporate se4d of said corporation. WltiRexd and official seal hereto ed the day and year first above written. NOTARY 9m o Ca ° Z PUBLIC ° G �F*-.. BeR 9�•'' C�~ NOTARY PUBLIC IN FOR THE STATE OF O L ,�'�•,,'`►�l/ASN�%,• WASHINGTON, RESIDING AT (vuA MY COMMISSION EXPIRES k STATE OF WASHINGTON) )ss. COUNTY OF KING ) On thi*,L!--day of 192�before me undersigned, a Notary pPublic in and for the State of Washington, duly commissioned and sworn, personally appeared 2, bdk.)A1 y- 6k,,-,q to me known to be the City t�2 Engineer and City Clerk, respectively, of the City of Auburn, a municipal corporation, and the d" corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESSx= and official seal hereto affixed the day and year first above written. ' .A0T Ry NOTARY PUBLIC IN AND FOR STATE OF WASHINGTON, RESIDING AT MY COMMISSION EXPIRES REF. Y:\PRMSYS\DOCUMENT\BLD0572-.94\PARKDLAY PARKING DELAY AGREEMENT 12/16/94 Page 3 of 3 EXHIBIT "A" LEGAL DESCRIPTION Parcel A: Lot 1, RIVER VIEW ADDITION TO AUBURN, according to the plat thereof recorded in Volume 9 of Plate, Page 90 in King County, Washington; EXCEPT the West 25 feet and 7 inches thereof; 00 C'9 AND EXCEPT the following: O i� Beginning at the Northeast corner of said Lot 1, running; THENCE Westerly along the North line of said lot, 10 inches, more or less, to � the centerline of concrete wall; Q' THENCE South along the centerline of said concrete wall, a distance of 75 feet; THENCE East to the East line of said concrete wall; THENCE South 25 feet along the East line of said concrete wall; THENCE East to the East line of said Lot 1; THENCE North, along the East line of said Lot 1, to the point of beginning. Situate in the County of King, State of Washington. Parcel B: The East 10 inches, more or less, of the North 75 feet of Lot 1, RIVER VIEW ADDITION TO AUBURN, according to the Plat thereof recorded in Volume 9 of Plats, Page 90, in King County, Washington. Situate in the County of King, State of Washington. I -�•' ` - � WESTERN �ITI,E COMPANY OF ` --� WASHINGTON, INC. ORDER NvMBER /.3'��ys PLAT AfAP VOLUME PACE M - - ttlb �l6_ %T MAIN T1 40 b 5o S.n - 1 4 tt ° , . 30 Zoe 30 20 4.0 8o S' Sp ... n C"j v a7'�M.f „b Y o e o et 0 I' e t 09',7 o +^ ,op pe s � 0 Gd�yd o n rt a o�1D -orb or�3 �orlL pprl! boss° !� p S a .x L..t�x4 a � eo •e Y _••' � � � f v�F^ 1- s2 SO ^ •. pi "IT 0 ^+ a ..... to s !��,. ► '�� N '4 3 9 eC o I , O P , a� 0 w •, to f J eG 8 94 2 ma 10 o •o `tJ d�c t` N i•t °w�S'p d�•V ae o t' 1 � O O 0 top z. flo N K1 tts 3 10 4023 \ Q pJ !� �� M � •V 0 C f O t!! I• _ f�s 69 4 St•'f a i tp y ID 2 V.4 l r4.4,r r — This sketch IS W—ided as a otwt•tesp only b7 Westera Inc- wtth`dat Tltse Caapam of n' ,q r Your to show all ma�n�tslat informat�, b is 00 intended to be a Plat of Sury dimensions, easements•en�ntit�art.(includhtY•but not limited to. area,ey n-. does k modify, the Thle Commitment pd� °). It k ent a part of. Com aM for the to O rich k imr assumes�O LIAB aaached. The dessace shoaid be made to as aattrmte atu of an,”matter related to this sketch. mne�for fv*t...s...._--.- AFTER RECORDING RETURN TO : ��b5 not Auburn Wohlhueter , City Clerk 25 West Main Street Auburn , WA 98001-4998 Z " O r� O N c! T4 0)