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Home My WebLink About20170306000878 LOCAL IMROVEMENT DIST NO PROTEST AGREEMENT 030617 x NE - 3 - �� FIRST AMERICAN `��`'� I " 0 r CReturn City of ity ClAkbu ns. III 101 i 000 IIII II 101l 111111 25 West Main Auburn, WA 98001 20170306000878 FIRST AMERICAN AG 78.00 PAGE-001 OF 006 03/06/2017 14:21 KING COUNTY, WA • Above this line reserved for recording information. LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Project No. SDR16-0008 Reference # (if applicable): N/A Grantor/Borrower: KING COUNTY WATER DISTRICT NO. 111 Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: Section 30 —Township 21N — Range 05E Assessor's Tax Parcel ID#: 032105-9194 THIS AGREEMENT made and entered into on thea! day o mania , 2017, by and between the City of Auburn, a municipal corporation of the State of W shington, hereinafter referred to as "City", and King County Water District No. 111, hereinafter referred to as "Property Owner", WITNESSETH: WHEREAS, the Property Owner is/are the Owner of real property in the City of Auburn, County of Z King ❑ Pierce, State of Washington, located at the SW corner of SE 288th St and 146th PI 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 tree - public works improvements through participation in a future Local Improvement District ("LID") encompassing those improvements, should one be formed; and, said documents were filed of record as an accomodation only. SDR16-0008 LID No Protest Agreement Page 1 of 6 Ic has nuc been examined as t proper execution oras to its =ffect upon title 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 SE 288th St. Half street improvements along the south side of SE 288th St consistent with the City of Auburn Design Standards for a local residential street, which includes installation of a 5-foot sidewalk, 5.5-foot landscape strip, curb and gutter, street lights, a 14-foot travel lane from the centerline of the existing roadway, undergrounding of existing aerial utilities along the frontage of the property and a residential driveway per City of Auburn Standards. 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. SDR16-0008 LID No Protest Agreement 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 ®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. SDR16-0008 LID No Protest Agreement Page 3 of 6 EXHIBIT "A" LEGAL DESCRIPTION Beginning at the Northeast corner of said Lot 3, said point being the intersection of the Northwesterly margin of Primary State Highway No. 2 (SR-18) and the Southerly margin of Southeast 288th Street; Thence along said Southerly margin North 89°18'00" West 103.87 feet; Thence departing said margin South 01°05'00" West 94.00 feet; Thence South 88°22'13" East 57.76 feet to a point on the Northwesterly margin of said State Highway, said point being a point on a curve concave to the Southeast having a radius of 2965.00 feet and to which point a radial line bears North 64°03' 19" West; Thence Northeasterly along said curve and margin 105.64 feet through a central angle of 2°02'29" to the Northeast corner of Lot 3 and the True Point of Beginning; EXCEPT the Southeasterly 15.00 feet thereof as measured radially to and being parallel with said Northwesterly margin, SDR16-0008 LID No Protest Agreement Page 4 of to CITY OF AUBURN S�� DATED this . ? 5 day of JAu/,tA , 2017. //- cA Asst Difdcfor of �neineerin / Engineer { &r 9 City 9 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 this3I day of albs u pe,../ , 2017. C4 - - out:\t - & ; 1. J>a� C 1 a�/ `u a_ .° Notary Public in and for the�tate of Washington N O 4 - Residing at —i�w�+ev UO t".1.4 + y�, >> 19fOtAg �$_ My appointment expires i ti tip,e,',111%%,,,,* G = 'i P WASNw.� � LIP SDR16-0008 LID No Protest Agreement Page 5 of 6 % PROPERTY OWNER: PSI 4 q7142 AUTHORIZED SIGNATURE 6wtca.L_ MA V4-6e1z TITLE AUTHORIZED SIGNATURE TITLE STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify I know or have satisfactory evidence that <-///,.cin C. ,z.v<<i and are/is the person(s) who appeared before me, and said person(s)-acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the GGA -/ zZ' o t,- and of iEr,'..„ 2----,e< /�.- ;- U:.G.,L ,ct,. ,/; , a Washington Municipal Corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this /7/4day of �% N ,- . 7 , 2017. r 011-Ne 'bill • ,. e• G '1c' (//u, /vO�i i� G/,'- w tary Public in and for the State of Washington 19 _ art 11 p .Pesiding at ,5,/ ‘- .s h .�f ti .. 1$4,�11E of'�� My appointment expires 2- - 3� .- %7 SAS/tlb SDR16-0008 LID No Protest Agreement Page 6 of 6