HomeMy WebLinkAbout20150807000630 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 03/09/2015 Return Address:
City of Auburn
City Clerk Main
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25 Auburn, WA 98001 111101111111101111011110110
20150807000630
FIRST AMERICAN AG 78,00
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08/07/2015 12:02
KING COUNTY, WA
Above this line reserved for recording information.
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
Project No. SDR14-0012 & SDR14-0015
Reference # Of 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 thetlday of ]Y _, 2015,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City", and 231-0 AUBURN, LLC, 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
the Northwest corner of 2nd St NW and `D' St NW 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-public works improvements would need to be made or otherwise
provided for; and,
WHEREAS, the Property Owners desire to defer those street-public works
improvements to a later time, and have requested agreement by the City for such
deferral; and, 3 f - -,> ;, r -u-d of
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Page 1 of 7 rat We.
WHEREAS, the Asst. Director of Engineering / City Engineer of the City of
Auburn has approved the request to delay the placement of street-public works
improvements to serve the herein legally described property;
NOW THEREFORE, based upon good and valuable consideration, the
sufficiency of which is hereby acknowledged, IT IS AGREED as follows:
1. DELAY OF IMPROVEMENTS
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 delay the making, constructing, installing and providing
for the street-public works improvements identified and set forth in paragraph 4 of
this agreement.
2. CONSTRUCTION OF IMPROVEMENTS
The Property Owners hereby agree and covenant that they shall construct or
cause to be constructed the deferred improvements described below at
his/her/their expense upon determination by the City of Auburn that the
improvements have become necessary. In the event the City determines to
construct the improvements as part of a public works project the property owner,
or owners, shall make payment to the City of Auburn of the pro-rata share of the
cost of the project. Such costs shall include but are not limited to engineering,
permitting, construction, inspection and other project related expenses, which
benefit the property of the Property Owners, described on Exhibit "A" attached
hereto and incorporated herein by this reference. In the event that said property
is subdivided or sold in the future, the Property Owners agree to include as a
condition of sale and/or a restrictive covenant the condition that the obligations to
make, construct, install or provide for the street-public works improvements
identified and set forth in paragraph 4, below, shall apply to the subdivisions and
future sales of portions of the property identified on Exhibit "A". The condition of
sale and/or restrictive covenant shall also provide that the aforesaid pro-rata fair
share of each portion of the property shall be divided amongst the subdivided
lots.
3. NOTICE AND TIME OF CONSTRUCTION
The obligation of the Property Owners to make, construct, install and provide for
the street-public works improvements described and set forth in paragraph 4,
below, shall arise upon not less than thirty (30) days prior written notice to the
Property Owners by the City. The time by which the Property Owners shall
make, construct, install or provide for said improvements shall be not later than
twelve (12) months after the written notice by the City.
It is provided, however, that the improvements shall be completed no later than
ten years from the date this agreement is executed.
Agreement for Deferral of Improvements
Page 2 of 7
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 2nd Street NW will be for emergency access only. If the owner
uses the access on 2nd 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.
All improvements shall be constructed in conformance with the City's design and
construction standards in place at the time of design and construction.
5. NONEXCLUSIVE REMEDIES
In addition to any and all other remedies available to the City, at law or in equity,
if the Property Owners fail to make, construct, install or provide for the
improvements, or otherwise arrange for the construction and installation of such
improvements, then the City shall be entitled and authorized to make, construct,
install or provide for such improvements and bill the Property Owners for the
costs incurred in connection therewith, and/or file a lien on the property of the
Property Owners for the amount of the City's full costs and expenses therefore,
and enforce the lien in accordance with legal process. Any such billing by the
City to the Property Owners shall be paid by the Property Owners within sixty
(60) days of the billing, unless other arrangements are made in advance.
6. 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".
7. 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.
Agreement for Deferral of Improvements
Page 3 of 7
8. 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 attorney's fees.
9. LOCAL IMPROVEMENT DISTRICT
The Property Owner also agrees not to protest the formation of a Local
Improvement District for any or all of the street improvements listed above, if
initiated by the City or by property owners adjacent to or benefiting the property.
10. RECORDING
An executed copy of this agreement shall be recorded among the land records of
the King ❑Pierce County Auditor or Recorder.
11. 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.
12. 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.
Agreement for Deferral of Improvements
Page 4 of 7
EXHIBIT "A"
LEGAL DESCRIPTION
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 SAW LOT 1,AND THE NORTHERLY 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
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Agreement for Deferral of Improvements
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CITY OF AUBURN
DATED this /dam day of /14474�0L1 , 2015.
at t. 0 irec %..ebty
ng ineering / 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 she signed this instrument, on
oath stated that she 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 ) 0 day of 1111,-P_C , 2015.
- ......
., aa��`P EXn 4, y
s e � o�rar e ? 2 NotaryiPu in and for the State of Washington
F ; �p f- % Residing at 'R u 2),, e o C -t I- y
i 4° Pus" 1h= �-= My appointment expires 1/ //9 Iybs
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Agreement for Deferral of Improvements
Page 6 of 7
•
PROPERTY OWNER(S):
-
OVyNE'
TITLE
OWNER
TITLE
STATE OF WASHINGTON)
)ss.
COUNTY OF KING
I certify I know or have satisfactory evidence that f1Gl�g and
are/is the person(s vho appeared before me, and
said person(s) acknowledged that he/she/they signed this instrument on oath stated that
e/she/the was/wer- aut orized to execute the instrument and acknowledge as the
Ls 1. \f. It Ia L :►. •41 ► and
o 4iMMI I1�t, r .a S , a limited liability company,
to be e free and volun a act o such party for the uses and purposes mentioned in
the instrument. n
GIVEN under my hand and official seal this" 1 day of , 2015.
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4 B1m `�I2: Notary PublC�� d ff r the State of ashington
Residing at -Y
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Agreement for Deferral of Improvements
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