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Home My WebLink About20200723000574 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS Instrument Number: 20200723000574 Document:AG Rec: $108.50 Page-1 of 6 Record Date:7/23/2020 11:56 AM Electronically Recorded King County, WA . Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 Above this line reserved for recording information. AGREEMENT FOR DEFERRAL OF IMPROVEMENTS Project No. SDR20-0003 Reference# (if applicable): N/A Grantor/Borrower: ERIC HOIERMAN Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: Section 14—Township 21 N —Range 04 E Assessor's Tax Parcel ID#: 390830-0010 � THIS AGREEMENT made and entered into on the 1 I day of .` 1 V \V , 2020, by and between the City of Auburn, a municipal corporation of the State of ashington, hereinafter referred to as "City", and Eric and Margaret Hoierman, hereinafter referred to as"Property Owners", RECORDING REQUESTED BY FIRST AMERICAN TITLE COMPANY WITNESSETH: AS AN ACCOMMODATION ONLY WHEREAS, the Property Owners are the owners of real property in the City of Auburn, County of Z King ❑ Pierce, State of Washington, located at the 5XX Aaby Drive 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, Agreement for Deferral of Improvements SDR20-0003 Hoierman ENG-202, Revised 11117 Page 1 of 7 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. AGREEMENT FOR DEFERRAL OF IMPROVEMENTS Project No. SDR20-0003 Reference# (if applicable): N/A Grantor/Borrower: ERIC HOIERMAN Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: Section 14—Township 21 N — Range 04 E Assessor's Tax Parcel ID#: 390830-0010 THIS AGREEMENT made and entered into on thel day of J U l , 2020, by and between the Cityp of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City", and Eric and Margaret Hoierman, hereinafter referred to as "Property Owners", RECORDING REQUESTED BY PI GT AMERICAN TITLE COMPANY WITNESSETH: AS AN ACCOMMODATION ONLY 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 5XX Aaby Drive 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, Agreement for Deferral of Improvements SDR20-0003 Hoierman ENG-202, Revised 11/17 Page 1 of 7 WHEREAS, the Property Owner agrees to provide for those street - public works improvements through participation in a future Local Improvement District ("LID") encompassing those improvements, should one be formed; and, 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: Half street improvements along the southeast side of Aaby Drive 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, 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. LID No Protest Agreement SDR20-0003 Hoierman ENG-205, Revised 9/18 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 attorney's fees. 8. RECORDING An executed copy of this agreement shall be recorded among the land records of the Eking ❑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 SDR20-0003 Hoierman ENG-205, Revised 9/18 Page 3 of 6 • • ,Auburn,WA 98001 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE OF AUBURN, COUNTY OF KING, STATE OF .WASHINGTON AND IS DESCRIBED AS FOLLOWS: LOT A,CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-0012-92,RECORDED UNDER RECORDING NUMBER 9209302912,IN KING COUNTY,WASHINGTON,BEING A PORTION OF LOT 1,KLINE'S 1ST ADDITION TO AUBURN,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 96 OF PLATS,PAGE(S)78,IN KING COUNTY,WASHINGTON. SITUATE IN THE CITY OF AUBURN,COUNTY OF KING,STATE OF WASHINGTON. CITY OF AUBURN 14 DATED this day of 14 , 2020. Asst. 'rector Enginee�g / City Engineer STATE OF WASHINGTON ) COUNTY OF KING ) ss 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 day of J V\ , 2020. ��P► Sy1 \r\i\i\ IfY\ \f\tY\W % F 4, qi virfs0144< Notary Public d_ fortl?e Stat of Washington 182954 H s Residing at �AY r(�t� Cu IA 14 ? aO Q ° _ My appointment expires'F.t` WV tk ' f-,1,6711 /kg Op WAstAW LID No Protest Agreement SDR20-0003 Hoierman ENG-205, Revised 9/18 Page 5 of 6 PROPERTY OWNER(S): OWNER, TITLE OWNER pA",GRK L, N.01e*/jrWN TITLE STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certifythat I k oyv or hove satisfactory evidence that /' T' and ,pav L Hopvr..14✓) is/are the person(s) who appeared before me, and said' individual(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. GIVEN under my hand and official seal his /?—day of )✓4/i , 2020. .1.._..14....• NOTARY PUBLIC ^1 STATE OF WASHINGTON Amei DANA D. EDWARDS Notary Public in and forte State of Washington My AppoinExpires Residing at kP h/h JULY 28, 2021 My appointment expires 0712(/?r' Agreement for Deferral of Improvements SDR20-0003 Hoierman ENG-202, Revised 9/18 Page 7 of 7