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Home My WebLink About20150807000631 LOCAL IMPROVEMENT DIST NO PROTEST 3/9/2015 AJL I3 -21 -044 C7Og Return Address: City of Auburn City Clerk 25 Auburn, Main n,WA98001 III I III III III I II it II II IIIIII I I II 20150807000631 FIRST AMERICAN AG 77.00 PAGE-001 OF 006 08/07/2015 12:02 KING COUNTY, UA Above this line reserved for recording information. LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Project No.SDR14-0012 & SDR14-0015 Reference#(if applicable): N/A Grantor/Borrower: 231-D AUBURN, LLC Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: Section 13—Township 21 N—Range 04 E Assessor's Tax Parcel ID#: 446340-0072 THIS AGREEMENT made and entered into on the qa day of Mb_, 2015, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City", and 231=D AUBURN, LLC hereinafter referred to as "Property Owner", i,,;u;,,<no< a filed of Ott old 85 an 1:-..commodation only. WITNESSETH: fi has not been examined as tc Iaauper euecution el as Wits effect WHEREAS, the Property Owner is/are the Owne of real property in the City of Auburn, County of ® King ❑ Pierce, State of Washington, located at the Northwest corner of 2nd ST NW and `D' ST NW 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 tree - 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 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: Street lighting consistent with the City of Auburn Design Standards and undergrounding of existing aerial utilities along the property frontage of 'D' Street NW and a full 35-foot radius curb return on the NW corner of the intersection of 'D' Street NW and 2nd Street NW. Half street improvements along the north side of 2nd Street NW consistent with the City of Auburn Design Standards for a non-residential collector, which includes installation of a 10-foot sidewalk, curb and gutter, street lights, a 17-foot travel lane from the centerline of the existing roadway, undergrounding of existing aerial utilities along the frontage of the property and a commercial driveway per City of Auburn Standards. The access on 2"d Street NW will be for emergency access only. If the owner uses the access on 2"d Street NW at any time after the Certificate of Occupancy is issued for non-emergency purposes, the applicant agrees to provide the full half street improvements along 2nd Street NW mentioned above. LID No Protest Agreement Page 2 of 6 • 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. 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. LID No Protest Agreement Page 3 of 6 EXHIBIT A LOT 2 A PORTION OF LOTS 1,2,AND 3,BLOCK`B", LUNN'S GARDEN TRACTS TO AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 33, IN KING COUNTY, WASHINGTON.BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13,TOWNSHIP 21 NORTH, RANGE 4 EAST, W M, KING COUNTY, WASHINGTON AND MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE N 87°58'52" W,ALONG THE SOUTH LINE THEREOF,A DISTANCE OF 33 FEET,TO THE TRUE POINT OF BEGINNING; THENCE N 03°45'30" W,A DISTANCE OF 166.82 FEET, THENCE AT A RIGHT ANGLE, N 86°14'30"E, A DISTANCE OF 334.33 FEET TO THE EASTERLY LINE OF SAID LOT 1; THENCE S 03°05'54"E, ALONG SAID EASTERLY LINE, A DISTANCE OF 173.64 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 24.50 FEET. AND A CENTRAL ANGLE OF 95°07'02"; THENCE ALONG SAID CURVE TO THE RIGHT. AN ARC LENGTH OF 40.67 FEET TO SOUTH LINE OF SAID LOT 1,AND THE NORTT�RLY MARGIN OF 2ND STREET NORTHWEST: THENCE N 87 58'52" W.ALONG SAID NORTHERLY MARGIN OF 2ND STREET NORTHWEST,A DISTANCE OF 306.93 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF AUBURN,COUNTY OF KING, STATE OF WASHINGTON 2-z6-iS rq/ yr- �• 1 LID No Protest Agreement Page 4 of 6 CITY OF AUBURN DATED this 10 day of itAarot-N , 2015. fir/ A al, a� Ate `ect• of :ngine ing / City Engineer STATE OF WASHINGTON ) ss COUNTY OF KING I certify that I know or have satisfactory evidence that Ingrid Gaub 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 Asst. 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. GIVEN under my hand and official seal this ID day of m &A CN- , 2015. 03A00 ts.eArat91.1 s Z S Notary Public in and for the State of Washington a P .a o Residing at h t �R Qn u 9- 1 NA .19,17 0 ` My appointment expires i/ //�/,fesj 'Nfv OF`WAS0� - LID No Protest Agreement Page 5 of 6 PROPERTY OWNER: M O NER , I l,_/, I La_ALA! , TITLE OWNER TITLE STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify I know or have satisfactory evidence that T'2 ams and --- - are/is the person( ho appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/we e authorized to execute the instrument and acknowledge as the and of UVX�. _ , a limited liability company, to be the f ee and vo[untary act o such party for the uses and purposes mentioned in the instrument. MAYO()GIVEN,under my hand and official seal thish I�vt day of O() , 2015. %.■4,ttE SFlll j aohe S21�C. ; Novo ' =i Notary Public in and for the Stater �of'Washington �clj, P Residing at Q` l� VV �9 06/0'5 ?,.• My appointment -expires 4;c,OF�WNS''' SAS/tib LID No Protest Agreement Page 6 of 6 ■