HomeMy WebLinkAbout20130913002877 LOCAL IMPROVEMENT DIST NO PROTEST AGREE 08/02/2013Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
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Above this line reserved for recording information.
LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT
(Project No. BLD12 -0489)
e # (if applicable): N/A
Grantor /Borrower William P Gleason
Grantee/Assignee/Beneficiary,
City of Aubum
Legal Description /STR:
NW 13 -21 -04
Assessor's Tax Parcel ID#
446340 -0150
THIS AGREEMENT made and entered into on the 12 Aday of Ae I iJ , 2013,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City', and William P. Gleason, hereinafter referred to as
"Property Owner ",
RECITALS: coU-ZiZSY FOR raFORvkUDOi�rYAND /vat
L�ILITY
ACCURACY AS�FUVZD BY F: Rgf AME=AN
1. The Property Owner is tff4rLrowner'r` bf, areal 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 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
5. As provided for by Titles 12 and 17 of the Auburn City Code, the City Engineer
agrees that the Owner may provide for the placement of street - public works
improvements to serve the 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
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 (the "Improvements ")
through participation in a future LID
2. OWNER(S) WILL NOT PROTEST FORMATION OF LID
The Property Owner agrees not to protest the formation of an LID for any or all of
the Improvements, if an LID is initiated by the City or by property owners
adjacent to or benefiting the property The Owner retains the rights 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:
One -half (1/2) of a local access street, including, landscaping, storm
drainage, curb & gutter, sidewalk, and illumination. 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. 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 ".
LID No Protest Agreement
Page 2 of 6
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 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
Page 3 of 6
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 day of uc �t-S4- 2013.
tih.. OF �P
LID No Protest Agreement
Residing at
My appointment
Page 4 of 6
PROPERTY OWNER(S):
GRANTOR
1
TITLE
STATE OF WASHINGTON)
) ss
COUNTY OF _ )
On this day personally appeared before me, [k) l 0 f A w. P, 66s. a Y\
, to me known to be the Property Owner, and the individual or individuals described in
and who executed the within foregoing instrument, and acknowledged that he /she /they
signed the same as his /her /their free and voluntary act and deed, for the uses and
purposes therein mentioned, and on oath stated that he /she /they is /are authorized to
execute the above agreement as or on behalf of the Property Owner(s)
GIVEN under my hand and official seal this 1-"A day of — 2013.
MAB/tlb /tk
LID No Protest Agreement
Page 5 of 6
I
EXHIBIT A
I
N86 °76'121N 287.79'
,
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27 I zD'
280.28' TO ZS' RIGHT -OF -WAY TAKE
1
7.5 FEET WIDE
e
RIGHT- Or•WAY TAKE
1.3941$QUARE FEET
o
I ro
wo
N
LOT 1
LU _
. F
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a
W
V) I
0 30 60
No
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SCALE. 1 " =60'
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ORIGINAL LINE RE — —
7WEEN LOr1
—
8 L012 —"- --
1
260 41• TO 7.5' RIG117 -0F -WAY TAKE
S86- 33.22-E 287.02'
THE NORTH LINE OF THE
I
SOUTH 115.00 OF LOT 2
I
20• 20'
LOT 2
I
i
i
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.
LID No Protest Agreement
Page 6 of 6
PREPARED BY TYLER J. SWEET, PLS
WA LICENSE NO. 29293
APS SURVEY A MAPPING
13221 S E. 26TH STREET, SUITE A
BELLEVUE, WASHINGTON 9NJ05
DATE: MAY 31, 2013
APSSM PROD N0. 1213002