HomeMy WebLinkAbout20140811000522 LOCAL IMPROVEMENT DIST NO PROTEST AGMT 07/16/14- --•��n Appnx}rrAAT .
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Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
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0140811000.22
FIRST AMERICAN AG 77 PAGE-001 OF 006
08/11/2014 11 47
KING COUNTY. WA
Above this line reserved for recording information.
LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT
Project No. SDR14 -0007
Reference # (if applicable): N/A
Grantor /Borrower Maiya Andrews & Jock Creach
Grantee /Assignee /Beneficiary City of Auburn
Legal Description /STR. SE -SW Section 33 — Township 21 N — Range 05 E
Assessor's Tax Parcel ID #- 332105 -9016
THIS AGREEMENT made and entered into on the 110 day of _I " 1 2014,
by and between the City of Auburn, a municipal corporation of the State of'Washington,
hereinafter referred to as "City ", and Maiya Andrews & Jock Creach, hereinafter
referred to as "Property Owner ",
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WITNESSETH
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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
5302 Ward Ave. SE 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 tree - 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,
LID No Protest Agreement
Page 1 of 6
WHEREAS, the Asst. Director of 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 east side of Ward Ave SE consistent with the
City of Auburn Design Standards for a rural residential, which include
15' paved lane and shoulder, storm drainage ditch, and undergrounding of
utilities
Note that the width of pavement widening above is the minimum required.
Additional paving and right -of -way dedication may be necessary to accommodate
the roadway improvements depending on the surveyed location of the existing
centerline of Ward Ave SE.
All improvements shall be constructed in conformance with the City's design and
construction standards in place at the time of design and construction
LID No Prot
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 attorneys fees
8. RECORDING
An executed copy of this agreement shall be recorded among the land records of
the NKing ❑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
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CITY OF AUBURN
DATED this day of J6 2014
STATE OF WASHINGTON
)ss.
COUNTY OF KING
r of Engineering /City Engineer
I certify that I know or have satisfactory evidence that Ingrid Gaub is the person who
appeared before me, and said person acknowledged that she signed this instrument, on
oath stated that she was authorized to execute the instrument and acknowledged it as
the Assistant 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.
Dated l / (,(
LID No Proi
Page 4 of 6
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residing at r- W-1-1 en
My appointment expires
ngton
PROPERTY OWNER.
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TITLE
TITLE
STATE OF WASHINGTON
ss
COUNTY OF KING
On this day personally appeared before me, l ' /a.l UGt- Ogn(-7 rec ws
and Jo & k ca L h , to me kndwn to be the Property Owners,
and the individuals described in and who executed the within foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed, for
the uses and purposes therein mentioned, and on oath stated that they are authorized
to execute the above agreement as the Property Owners
Dated 15
) th U J� le bey
?T O1AUup4
~ ° Nar "a, Notary Pul In and for the State of Washington
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My appointment expires o_� /ozrlc
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Ref H. \Development \Prolects\Andrews - Creach SFR \SDR14- 0007 \Legal Documents \2014
LID No Protest Agreement
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EXHIBIT "A"
LEGAL DESCRIPTION
The land referred to is situated in the County of King, City of Auburn, State of Washington and is
described as follows:
That portion of the Southeast quarter of the Southeast quarter of Section 33, Township 21 North, Range
5 East W.M., more fully described as follows:
Beginning at the Northwest corner of said Subdivision;
THENCE South W 18' 10" East along the North line thereof 642.19 feet;
THENCE South 00' 16' 51 " West 335.95 feet;
THENCE North 89`14' 29" West 642.60 feet to the West line thereof;
THENCE North 00"21' 33" East along said West line 335.26 feet to the Point of Beginning;
EXCEPT the North 30 feet thereof as conveyed to King County for S.E. 3081" Street by Deed recorded
under King County Recording No. 2720078;
(ALSO KNOWN AS Tract 31 of Survey recorded under King County Recording No. 7704199010);
EXCEPT those portions conveyed to the city of Auburn for road purposes by Deed recorded under King
County Recording No. 9303031615.
SITUATED in the County of King, State of Washington
Tax Account No. 332105 -9016
RM
LID No Protest Agreement
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