HomeMy WebLinkAbout20190906000744 AGREEMENT FOR DEFERRAL OF IMPROVMENTS SE 0)- 21-1-1
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Return Address:
City of Auburn _ _
City Clerk
25 Auburn, WA Main
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20190906000744
FIRST AMERICAN ��' AGREEMENT Rec:$109.50
8/612019 2:33 PM
KING COUNTY,WA
IDGICT
Above this line reserved for recording information.
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
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 ID#: 132104-9050
THIS AGREEMENT made and entered into on the &S'day of <=)%41 y , 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 Owners",
WITNESSETH:
WHEREAS, the Property Owners are the owners of real property in the
City of Auburn, County of ZI King ❑ Pierce, State of Washington, located at
the 507 C ST SW 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, Said documents were filed of
record as ars accornodation only.
It has not been examined as to
proper execution or as to its
effect upon title
SDR19-0010 Agreement for Deferral of Improvements
Page 1 of 7
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.
SDR19-0010 Agreement for Deferral of Improvements
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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. 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.
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.
SDR19-0010 Agreement for Deferral of Improvements
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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.
SDR19-0010 Agreement for Deferral of Improvements
Page 4 of 7
•
•
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 Agreement for Deferral of Improvements
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•
CITY OF AUBURN
DATED this /5 day of -4(41X , 2019.
Asst. rector f Engineiring / 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 —Lu lY , 2019.
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(5),...."1/1„,/AUe� '� = NotaryPublic in and for the tate of Washington
1-19" x — 9
IF OF W 1
PS � MY appointment expires 10/191
SDR19-0010 Agreement for Deferral of Improvements
Page 6 of 7
•
PROPERTY OWNER(S):
OW R
TITLE
OWNER
TITLE
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
I certify I know or have satisfactory evidence that . e.0 M S • VV Q 0 and
L C L 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 /they 470were authorized to execute the instrument and acknowledge as the
0v4 and presid A-
of t. C L D".0.- 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 1 ( 1' day of Tu (y , 2019
JI HYE YI
Notary Public • Notary Public in and for the tate of Washington
State of Washington
My Commission Expires Residing at Tov Ce viafJ A-
July 02, 2020 My appointment expires 1 I24 2O
SDR19-0010 Agreement for Deferral of Improvements
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