HomeMy WebLinkAbout20240306000483 SDR23-0008 Local Improvement District No Protest AgreementInstrument Number: 20240306000483 Document:AG Rec: $309.50 Page -1 of 7
Record Date:3/6/2024 1:56 PM
Electronically Recorded King County, WA
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recordina information.
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Reference # (if applicable)
Grantor/Borrower:
Grantee/Assignee/Beneficiary:
N/A
Valencia Investments, LLC
CITY OF AUBURN
Legal Description/STR: Section 01 — Township 21 N — Range 04 E
Assessor's Tax Parcel ID#: 000460-0027
THIS AGREEMENT made and entered into on the Zf day of f-15 —12024,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City", and Valencia Investments, LLC hereinafter referred to as
"Property Owner",
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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 116 29th St NW 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 - public works
improvements through participation in a future Local Improvement District ("LID")
encompassing those improvements, should one be formed; and,
SDR23-0008 LID No Protest Agreement
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Instrument Number: 20240306000483 Document:AG Rec: $309.50 Page -2 of 7
Record Date:3/6/2024 1:56 PM King County, WA
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
29th St NW.
Half street improvements along the south side of 29th St NW consistent with the
City of Auburn Design Standards for a local non-residential street, which includes
installation of a 10 -foot sidewalk, streetlights, 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.
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.
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Instrument Number: 20240306000483 Document:AG Rec: $309.50 Page -3 of 7
Record Date:3/6/2024 1:56 PM King County, WA
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.
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Instrument Number: 20240306000483 Document:AG Rec: 5309.50 Page -4 of 7
Record Date:3/6/2024 1:56 PM King County, WA
EXHIBIT "A"
LEGAL DESCRIPTION
A PORTION OF LOT 2 OF CITY OF AUBURN SHORT PLAT NO. 20-81, ACCORDING
TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO.
8109230423 AND REVISED UNDER KING COUNTY RECORDING NO. 8110120405
(SAID SHORT PLAT LYING IN THE SOUTH HALF OF THE SOUTHEAST QUARTER
OF SECTION 1, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.)
TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 1,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., AND THAT PORTION OF THE
JAMES A. LAKE DONATION LAND CLAIM, DESIGNATED AS CLAIM NO. 38 AND 41,
BEING A PART OF SECTION 1, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT LYING 412.5 FEET SOUTH OF THE NORTHWEST
CORNER OF SAID DONATION LAND CLAIM:
THENCE WEST 34.98 FEET (TO A POINT ALSO KNOWN AS POINT A);
THENCE SOUTH 1,732.5 FEET;
THENCE EAST TO THE WEST LINE OF THE NORTHERN PACIFIC RAILWAY
RIGHT-OF-WAY;
THENCE NORTH ALONG SAID WEST LINE 1,782 FEET TO THE SOUTH MARGIN
OF KING COUNTY ROAD NO. 254;
THENCE SOUTHWESTERLY ALONG SAID ROAD TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE-DESCRIBED TRACT
(POINT A);
THENCE SOUTH 182 FEET;
THENCE EAST 144 FEET;
THENCE NORTH TO THE SOUTHERLY MARGIN OF SAID COUNTY ROAD NO. 254;
THENCE SOUTHWESTERLY ALONG SAID ROAD TO THE POINT OF BEGINNING.
AND EXCEPT THAT PORTION LYING SOUTH OF A LINE DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT LYING 201.79 FEET SOUTH OF SAID POINT A;
THENCE EAST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID
AUBURN SHORT PLAT NO. 20-81TO A POINT ON THE WEST LINE OF SAID
NORTHERN PACIFIC RAILROAD RIGHT-OF-WAY AND THE TERMINUS OF SAID
DESCRIBED LINE -PER AUBURN LLA NO. LLA -0015-94, RECORDED UNDER
RECORDING NO. 9408031910.)
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Instrument Number: 20240306000483 Document:AG Rec: 5309.50 Page -5 of 7
Record Date:3/6/2024 1:56 PM King County, WA
AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
COMMENCING AT THE NORTHWEST CORNER OF THE JAMES A. LAKE
DONATION LAND CLAIM NO. 38 & 41, BEING A PART OF SECTION 1, TOWNSHIP
21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN;
THENCE ALONG THE WEST LINE OF SAID DONATION LAND CLAIM SOUTH
0057'03" WEST 412.5 FEET;
THENCE NORTH 89002'54" WEST 34.99 FEET;
THENCE PARALLEL WITH THE WEST LINE OF SAID DONATION LAND CLAIM
SOUTH 0057'03" WEST 182.00 FEET TO THE POINT OF BEGINNING:
THENCE CONTINUING ON SAID PARALLEL LINE SOUTH 0'57'03" WEST 19.79
FEET;
THENCE SOUTH 89001'150 EAST 144.00 FEET
THENCE PARALLEL WITH THE WEST LINE OF SAID DONATION LAND CLAIM
NORTH 0057'03" EAST 19.86 FEET;
THENCE NORTH 89002'54" WEST 144.00 FEET TO THE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
(ALSO KNOWN AS REVISED PARCEL B OF CITY OF AUBURN BOUNDARY LINE
ADJUSTMENT NO. BLA 22-0005 RECORDED ON AUGUST 25, 2022 AS
RECORDING NUMBER 20220825900003, IN THE OFFICIAL RECORDS OF KING
COUNTY, WASHINGTON.)
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Instrument Number: 20240306000483 Document:AG Rec: $309.50 Page -6 of 7
Record Date:3/6/2024 1:56 I'M King County, WA
Q" ' 7
DATED this ,) day of 2024.
/-;, Z
Asst. hecto of Engipp6ring / 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 - day of °' 2024,
SDR23-0008 LID No Protest Agreement
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Jab�.
Notary Public in-, � dAf r the tate , 0 of Washington
Residing at
ell -al
My appointment expires j)l
Instrument Number: 20240306000483 Document:AG Rec: $309.50 Page -7 of 7
Record Date:3/6/2024 1:56 I'M King County, WA
[011h ? I
TITLE
OWNER
TITLE
STATE OF WASHINGTON)
)ss.
COUNTY OF KING
,now or have satisfactory evidence that Re4and2z- P',onjovl and
are the person(s) who appeared before me, and
said person(s) acknowledged that they signed this instrument on oath stated that they
was/were authorized to execute the instrument and acknowledge as the
and
of -Valencia Investments, LLC, a limited liability company, to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
GIVEN Linder my hand and official seal this day of 2024.
NS A KORVE 14—
A
yp bic
MANS A KORVE
Notary Public
State of Washington Notary Public ii,�and for the State of Washington
Commission
1 20 1 1 99 - LAJ"�-
ommission # 20114998 Residing at �" 6
My Comm. Expires Jun 20, 2024 My appointment expires + -o e -,t
SDR23-0008 LID No Protest Agreement
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