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HomeMy WebLinkAbout20130913002876 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 08/21/2013_�I P W*7 AfR7TANT )i Legal Description /STR: 0 Assessor's Tax Parcel ID# _4G Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 13 -9/-N (70�) ��a�aNR�O���k� &� FIRST AMERICAN AG-RER 78 00 PAGE-001 OF 007 09/13/2013 16 53 KING COUNTY, WA Above this line reserved for recording information. AGREEMENT FOR DEFERRAL OF IMPROVEMENTS (Project No.BLD12 -0489) Grantor /Borrower William P Gleason Grantee/Assignee/Beneficiary- City of Auburn Legal Description /STR: NW 13 -21 -04 Assessor's Tax Parcel ID# 446340 -0150 THIS AGREEMENT made and entered into on the 1`i day of ZL! �� 2013 by and between the City of Auburn, a municipal corporation of the State o1�'Washington, hereinafter referred to as "City ", and WILLIAM P. GLEASON, hereinafter referred to as the "Property Owner', ,. - -- .--,1,.. RECITALS AOC"NCYISs MIZDBY AMUIce.4 1. The Property Owner is the owner of real property in the City of Auburn, County of ® King ❑ Pierce, State of Washington, located at 328 Clay St NW and described as shown on Exhibit "A ", attached hereto (the 'Property'). 2. The Property Owner desires to make certain improvements or develop the Property; and, 3. In connection with the improvement or development of the Property, certain street - public works improvements would need to be made or otherwise provided for; and, 4. The Property Owner desires to defer those street - public works improvements to a later time, and has requested agreement by the City for such deferral, and, 5. As provided for by Titles 12and 17 of the Auburn City Code, the City Engineer Agreement for Deferral of Improvements Page 1 of 7 has approved the request to delay the placement of street - public works improvements to serve the 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 The City agrees to allow the Property Owner to delay the making, constructing, installing and providing for the street - public works improvements identified and set forth in paragraph 4 of this agreement (the 'Improvements'). 2. CONSTRUCTION OF IMPROVEMENTS The Property Owner hereby agrees and covenants that he shall construct or cause to be constructed the Improvements described below at his expense upon notification by the City that the Improvements are to be constructed. In the event the City determines to construct the improvements as part of a public works project the property owner, or owners, shall pay the City a 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 In the event that the Property is subdivided or sold in the future, the Property Owner agrees to include as a condition of sale or a restrictive covenant the condition that the obligations to make, construct, install or provide for the Improvements shall apply to the subdivisions and future sales of portions of the Property The condition of sale or restrictive covenant shall also provide that the pro -rata 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 Owner to make, construct, install and provide for the Improvements shall arise upon not less than thirty (30) days prior written notice to the Property Owner by the City The Property Owner shall make, construct, install or provide for said improvements not later than eighteen (18) months after the date of the written notice from the City Notwithstanding the timelines in this section, all improvements shall be completed not later than ten years from the date this agreement is executed unless a new deferral agreement is granted at the end of the ten year term of this agreement. Agreement for Deferral of Improvements Page 2 of 7 4. DESCRIPTION OF IMPROVEMENTS The improvements to be included in connection with this agreement shall be as follows: One -half (112) of a (local access street;), including pavement, undergrounding of utilities, landscaping, storm drainage, curb & gutter, sidewalk, illumination, channelization, and signing. 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 legal remedies available to the City, if the Property Owner fails to make, construct, install or provide for the construction and installation of the Improvements, then the City shall be entitled and authorized to make, construct, install or provide for such improvements and bill the Property Owner for the costs incurred in connection therewith, or file a lien on the property of the Property Owner 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 Owner shall be paid by the Property Owner 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 attorneys fees. 9. RECORDING An executed copy of this agreement shall be recorded among the land records of the ®King ❑Pierce County Auditor or Recorder Agreement for Deferral of Improvements Page 3 of 7 10. 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 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. 11. 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. Agreement for Deferral of Improvements Page 4 of 7 CITY OF AUBURN: City Engineer STATE OF WASHINGTON ) ss COUNTY OF KING I certify that I know or have satisfactory evidence that Dennis Selle 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 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 .g I day of 4 19U45v 2013. SA "oil 4�h,OF WAS��r�� Residing at _ My appointment Agreement for Deferral of Improvements Page 5 of 7 PROPERTY OWNER: C OWNER fT'cnrw-� TITLE STATE OF WASHINGTON) )ss. COUNTY OF ) On this day personally appeared before me, -1n it )I 0V' -P\ /(7 lco�s rti to me known to be the Property Owner and the individual described in and who executed the within foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the above agreement as the Property Owner GIVEN under my hand and official seal this zwA day of A�3M t} 2013. diIM11.7111 nQ C,0�� LAN TA %)9V W/.a .- ik ti.JY 0IN EN'/P,> � A J Notary Public in and for the State of Washington Residing at F R AN c.e My appointment expires ( N o a xf t 17, t s j Agreement for Deferral of Improvements Page 6 of 7 EXHIBIT A RIGHT -OF -WAY TAKE DESCRIPTION A STRIP OF LAND DESCRIBED AS THE WEST 7.50 FEET OF A PARCEL OF LAND SITUATED WITHIN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 04 EAST, W.M., KING COUNTY, WASHINGTON. SAID PARCEL OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 1 AND 2, BLOCK "C" OF LUNN'S GARDEN TRACTS TO AUBURN, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS, PLAGE 33: EXCEPT, THE SOUTH 115 FEET OF SAID LOT 2, RECORDS OF KING COUNTY, WASHINGTON. SAID STRIP OF LAND CONTAINS 1394 SQUARE FEET, MORE OR LESS. PREPARED 3Y TYLER J SWEET, PLS WA LICENSE 140.29293 APS SURVEY 8 MAPPING 13221 S E. 20TH STREET, SUITE A BELLEVUE, WASHINGTON, 90095 DATE MAY 31, 2013 APSSM PROD. N0. 1213002 Page 7 of 7 Agreement for Deferral of Improvements 1486 °15'12W 287.79 , I I I I a0' 2' 280 28' TO 7.5' RIGHT -OF -A' Y TAKE 7.5 FEET WIDE 'o RIGHT -0F -WAY TAKE m 1.394 3 SQUARE FEET v to to WF m n LOT 1 '® w m o � •g a w Ix 0 30 60 "� s SCALE. 1 ° � =60�_ ORICINAI. UNE BETWEEN N LO r 1$ LO r 2 2RO 41' TO 7.5' RIGI IT -OF -WAY TAKE '388'33'22 "E 287.82' I THE NORTH LINE OF THE , I SOUTH 115.00 OF LOT 2 , I I 20' I 20' I LOT 2 I RIGHT -OF -WAY TAKE DESCRIPTION A STRIP OF LAND DESCRIBED AS THE WEST 7.50 FEET OF A PARCEL OF LAND SITUATED WITHIN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 04 EAST, W.M., KING COUNTY, WASHINGTON. SAID PARCEL OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 1 AND 2, BLOCK "C" OF LUNN'S GARDEN TRACTS TO AUBURN, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS, PLAGE 33: EXCEPT, THE SOUTH 115 FEET OF SAID LOT 2, RECORDS OF KING COUNTY, WASHINGTON. SAID STRIP OF LAND CONTAINS 1394 SQUARE FEET, MORE OR LESS. PREPARED 3Y TYLER J SWEET, PLS WA LICENSE 140.29293 APS SURVEY 8 MAPPING 13221 S E. 20TH STREET, SUITE A BELLEVUE, WASHINGTON, 90095 DATE MAY 31, 2013 APSSM PROD. N0. 1213002 Page 7 of 7 Agreement for Deferral of Improvements