HomeMy WebLinkAbout20110112000525 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 12/15/2010Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
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Above this line reserved for recording information.
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
BLD09 -0169 / p
)-000(r,
Reference # (if applicable): N/A
Grantor /Borrower 1) Stephen J Small
Grantee /Assignee /Beneficiary' City of Auburn
Legal Description /STR: NE Y< 18 -21 -05
Assessor's Tax Parcel ID# 182105 -9139
'07
2) Kathryn J Small
THIS AGREEMENT made and entered into on the 145' day of 446Ci 2010,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City ", and Stephen J and Kathryn J Small, 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
209 'O' Street NE 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,
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WHEREAS, the Assistant Director of the Public Works Department / 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 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 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 not less than thirty (30) days prior 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
It is provided, however, that the improvements shall be completed not later than ten
years from the date this agreement is executed
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:
Storm drainage, illumination, and street trees. In addition approximately 40
feet of sidewalk is deferred. The remaining sidewalk and residential driveway
approach, being approximately 60 feet total, is to be constructed along with
the building improvements and cannot be deferred per the City Engineer's
determination.
All said deferred 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 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
attorneys fees.
9. LOCAL IMPROVEMENT DISTRICT
The Property Owners also agree not to protest the formation of a Local
Improvement District for any or all of the street improvements listed above, if
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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 Owners 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 (Owners') 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.
Agreement for Deferral of Improvements Page 4 of 7
CITY OF AUBURN:
Assistant Director of the Public Works Department / City Engineer
STATE OF WASHINGTON )
COUNTY OF KING
) ss
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 Assistant Director of the Public Works Department / 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 ��E� E "��EZ , 2010
fit
s
4O
Or
Notary Public in and for the State of Washi gtoi
Residing at '--jDt-enc.L LOv
My appointment expires it r r
for Deferral of Improvements Page 5 of 7
PROPERTY OWNERS:
/i,. d .�.
OFA �
tlulq a
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
On this day personally appeared before me, S4 1p6aJ ::�- Sm4,0 and
Iv, :T A-( I to me known to be the
and of or on behalf of the Property Owners 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 Owners.
GIVEN under my hand and official seal this i5 +k day of lima K Gwv , 2010
Notary Public in nd for the State of Washington
Residing at 7 —zke TaF
My appointment expires 5 io --�L° r3
MAB /tlb /rt
Ref H: \Development \Projects \Small SDR\Agreement for Deferral Improvements 2010.doc
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EXHIBIT A
LEGAL DESCRIPTION
(PER QUIT CLAIM DEED REC #20091208001094)
BEGINNING AT A POINT ON THE EAST LINE OF THE SOUTH'' /z OF THE
NORTHWEST'/ OF THE SOUTHEAST'/ OF THE NORTHEAST ' /< OF SECTION 18,
TOWNSHIP 21 NORTH, RANGE 5 EAST, W M., 130 FEET NORTH OF THE
SOUTHEAST CORNER THEREOF, THENCE RUNNING WEST PARALLEL WITH
THE SOUTH LINE OF SAID TRACT 190 FEET TO A POINT, THENCE NORTH
PARALLEL WITH THE EAST LINE OF SAID TRACT, 113 FEET, MORE OR LESS, TO
A POINT ON THE SOUTH LINE OF TRACT SOLD TO WILFRED L. HOBEN AND
RUTH F HOBEN, HUSBAND AND WIFE, UNDER INSTRUMENT DATED MARCH 20,
1939, AND RECORDED JUNE 26, 1939, UNDER AUDITOR'S FILE NUMBER
3051946, THENCE EAST ALONG THE SOUTH LINE OF SAID TRACT AS
CONVEYED TO WILFRED L. HOBEN AND RUTH F HOBEN, TO THE SOUTHEAST
CORNER OF SAID TRACT, THENCE PARALLEL TO THE EAST LINE OF SAID
SUBDIVISION 13 FEET, MORE OR LESS, TO A POINT 230 FEET NORTH TO THE
SOUTH LINE OF SAID SUBDIVISION; THENCE EAST PARALLEL TO THE SOUTH
LINE OF SAID SUBDIVISION TO THE EAST LINE OF SAID SUBDIVISION; THENCE
SOUTH LONG THE EAST LINE OF SAID SUBDIVISION TO THE POINT OF
BEGINNING, EXCEPT PORTION THEREOF FOR "O" STREET N.E.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
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