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Home My WebLink About20240306000484 SDR23-0008 Agreement of Deferral of ImprovementsInstrument Number: 20240306000484 Document:AG Rec: $310.50 Page -1 of 8 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. Reference # (if applicable): N/A Grantor/Borrower: Valencia Investments, LLC Grantee/Assignee/Beneficiary: 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 ' day of , 2024, 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 Owners", WITNESSETH: 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 116 29th St NW 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, SDR23-0008 Agreement for Deferral of Improvements Page 1 of 8 Instrument Number: 20240306000484 Document:AG Rec: 5310.50 Page -2 of 8 Record Date:3/6/2024 1:56 PM King County, WA 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 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. If notice to the Property Owners by the City for the Property Owners to make, construct, install, and provide for the street -public works improvements set forth SDR23-0008 Agreement for Deferral of Improvements Page 2 of 8 Instrument Number: 20240306000484 Document:AG Rec: $310.50 Page -3 of 8 Record Date:3/6/2024 1:56 PM King County, WA in paragraph 4, below, is not commenced within ten years from the date this agreement is executed, this agreement shall terminate without further obligation from the Property Owners, 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. 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. SDR23-0008 Agreement for Deferral of Improvements Page 3 of 8 Instrument Number: 20240306000484 Document:AG Rec: 5310.50 Page -4 of 8 Record Date:3/6/2024 1:56 PM King County, WA 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. 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. SDR23-0008 Agreement for Deferral of Improvements Page 4 of 8 Instrument Number: 20240306000484 Document:AG Rec: 5310.50 Page -5 of 8 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.) AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: SDR23-0008 Agreement for Deferral of Improvements Page 5 of 8 Instrument Number: 20240306000484 Document:AG Rec: 5310.50 Page -6 of 8 Record Date:3/6/2024 1:56 PM King County, WA 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.) SDR23-0008 Agreement for Deferral of Improvements Page 6 of 8 Instrument Number: 20240306000484 Document:AG Rec: $310.50 Page -7 of 8 Record Date:3/6/2024 1:56 I'M King County, WA 0 r. : 11". DATED this day of 2024. STATE OF WASHINGTON) )ss COUNTY OF KING ng / City Engineer 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. 41�ik . GIVEN under my hand and official seal this d . j ay of 2024. Ike, ft go r r6die, %023004831 Notary Pubic in Ind 11for r the State of Washington (P UB\�N f 0 Residing at 1t A 0 5 _71 A0My appointment expires 01105/1go-1 4 OP W N h.. P-9,6, '�" -�' SDR23-0008 Agreement for Deferral of Improvements Page 7 of 8 Instrument Number: 20240306000484 Document:AG Rec: $310.50 Page -8 of 8 Record Date:3/6/2024 1:56 I'M King County, WA D:r PROPE A 1-y OWNER(S): OWN EIkj(,,,� , 51 t15 TITLE OWNE�� TITLE STATE OF WASHINGTON) )ss. COUNTY OF KING I 3ej ry l-� and certify I know or have satisfactory evidence that -�t� — aA Ae-j,(wv\L e_ �. � V" ,, VVe-�- 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 0- C 6) and (! r;:L) 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 under my hand and official seal this - Z6 day of V:c,6iuoX-( 2024. HANS A KCIRVE Notary Public Notary W i State _of =Washington Commission # 20114998 Notary Public in and for the State of Washington My Comm. Expires Jun 20, 2024 Residing at My appointment expires SDR23-0008 Agreement for Deferral of Improvements Page 8 of 8