HomeMy WebLinkAbout20190906000745 LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT SE
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City of Auburn
City Clerk `
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AuburrntWAn98001 11111111111111111111111111111111111111111111111111111111111IIIIIIIII
20190906000745
FIRST
AGREEMENT Rec:$108.50
2:33
PM
KING
f „ KING COUNTY,
WA
Above this line reserved for recording information.
LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT
Project No. SDR19-0010
Reference # (if applicable): N/A
Grantor/Borrower: LC & L DAEBAK, INC.
Grantee/Assignee/Beneficiary: CITY OF AUBURN
Legal Description/STR: Section 13 —Township 21 N — Range 04 E
Assessor's Tax Parcel I D#: 132104-9050
THIS AGREEMENT made and entered into on the ($ day of , 2019,
by and between the CITY OF AUBURN, a municipal corporation of the State of
Washington, hereinafter referred to as "City", and LC & L DAEBAK, INC., 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 ® King Pierce, State of Washington, located at
the 507 C ST SW 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-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,
SDR19-0010 LID No Protest Agreement Said documents wore filed of
Page 1 of 6 record as an accomodation only.
It has not been examined as to
proper execution or as to its
effect 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:
Undergrounding of existing aerial utilities and street lighting along the frontage of
the property 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.
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".
SDR19-0010 LID No Protest Agreement
Page 2 of 6
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 I '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
attorney's 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.
SDR19-0010 LID No Protest Agreement
Page 3 of 6
EXHIBIT "A"
LEGAL DESCRIPTION
A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, LYING SOUTH OF SR 18 ACCESS RAMPS AS SHOWN ON SHEET
4 OF 6 OF WSDOT "SR 18 MP 3.49 TO MP 3.94 C ST. SW INTERCHANGE VIC."
APPROVED SEPTEMBER 22. 1999 AND WEST OF THE WEST RIGHT OF WAY OF
C STREET SW PER DEEDS RECORDED IN SAID COUNTY UNDER RECORDING
NUMBERS 811998,6122667, 6122668, 6122669, 9406141583, 9406141586 AND
9408050790 AND EAST OF THE WEST LINE OF SAID SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER AND NORTH OF A LINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID
SUBDIVISION WITH THE WEST LINE OF THE ORIGINAL NORTHERN PACIFIC
RAILWAY RIGHT OF WAY;
THENCE SOUTH 01°11'52" EAST, ALONG SAID WEST LINE, 832.32 FEET, TO THE
BEGINNING OF SAID DESCRIBED LINE AND A POINT HEREINAFTER REFERRED
TO AS POINT "A";
THENCE NORTH 87°27'54" WEST 357.85 FEET TO THE WEST LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE TERMINUS OF
SAID LINE.
EXCEPT FOR A PORTION THEREOF DESCRIBED AS FOLLOWS:
COMMENCING AT THE AFOREMENTIONED POINT "A";
THENCE NORTH 01°11'52" WEST, ALONG THE WEST LINE OF SAID ORIGINAL
RAILWAY RIGHT OF WAY, 101.80 FEET TO THE POINT OF BEGINNING OF SAID
EXCEPTION;
THENCE NORTH 87°27'54" WEST 125.00 FEET;
THENCE NORTH 01°11'52" WEST 80.00 FEET;
THENCE SOUTH 87°26'20" EAST 125.00 FEET TO SAID WEST LINE;
THENCE SOUTH 01°11'52" EAST 79.96 FEET TO THE POINT OF BEGINNING.
THE BEARINGS HEREIN ARE ASSUMED, DERIVED FROM GPS OBSERVATIONS
OF MONUMENTATION SHOWN ON THE RECORD OF SURVEY IN VOLUME 74 OF
SURVEYS, PAGE 36, RECORDING NUMBER 199006289012.
SDR19-0010 LID No Protest Agreement
Page 4 of 6
CITY OF AUBURN
DATED this IS day of -114 1. Vct(/-e.4.1
, 2019.
Assngirr ering / City Engineer
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Jacob Sweeting 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 tS day of oLu (y , 2019.
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A. �i. 44 C Cr_y
q ti: Notary Public in and for the S ate of Washington
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04„111111„,‘;‘‘‘‘•G� My appointment expires I ! l /�j 9/
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SDR19-0010 LID No Protest Agreement
Page 5 of 6
PROPERTY OWNER:
Y ) �l61J
OWN'R
ryesis.„2,,,t
TITLE
OWNER
TITLE
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify I know or have satisfactory evidence that S • \U 0 v and
L C L , ( C 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
hehey c 'were authorized to execute the instrument and acknowledge as the
and P ks
of Lc - L D Ihl c , a 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 I
I day of s) u (`y , 2019
1101
JI VHYE Yl Ji
Notary Public ' Notary Public in and for the State of Washington
State of Washington
My Commission Expires Residing at
July 02,2020 My appointment expires ---7 /a-/
SDR19-0010 LID No Protest Agreement
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