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HomeMy WebLinkAbout20110112000526 LOCAL IMPROVEMENT DIST NO PROTEST AGREE 12/15/2010Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 lg- a/- o�- (7 /0� Above this line reserved for recording information. LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT BLD09 -0169 0C L, Reference # (if aoolicable): N/A Grantor /Borrower 1) Stephen J Small 2) Kathryn J Small Grantee /Assignee /Beneficiary City of Auburn Legal Description /STR: NE Y< 18 -21 -05 (61 - Assessor's Tax Parcel ID# 1821059139 THIS AGREEMENT made and entered into on the _/��day of 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 at 209 `O' Street NE 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 - 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, Agreement Page 1 of 6 WHEREAS, the Assistant Director of the Public Works/ 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 Owners 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(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 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 Owners retain 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: 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. 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 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 Page 3 of 6 CITY OF AUBURN Assistant Director of the STATE OF WASHINGTON COUNTY OF KING c Works/ City Engineer ) 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/ 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 0�;� day of ✓ F- C-Z n1 6E' 2010 LID No Protest Agreement Page 4 of 6 A �'PF'j, i e;gr- OtARj. f-;o r Notary Public in u - = z s Residing at pUe�'0� �0 _ i/ Nom', My appointment 1j 19 �.; �C2 /�rrrI�FIOF P`'' \W LID No Protest Agreement Page 4 of 6 A PROPERTY OWNERS: TITLE O ER TITLE STATE OF WASHINGTON) )ss. COUNTY OF KING ) On this day personally appeared before me, 5. Si" n t/ , and Ku++nr�,o U S, td I 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 IS4i, day of \\,'c z -u (oaz- , 2010 Notary Public in and fgr the State of_ JVashington , n - Residing at fie% 'lazy-! _ My appointment expires S 30' MABltlb /rt Ref H. \Development \Projects \Small SID R \LID No Protest Agreement 2010.doc LID No Protest Agreement Page 5 of 6 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. No Protest Agreement Page 6 of 6