HomeMy WebLinkAbout20130710001169 LOCAL IMPROVEMENT DIST NO PROTEST AGREE 05/20/2013El
FAT AMOCANWa_ �
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
III 11111111111111111111
20130710001169
FIRST AMERICAN AG-RER 77 00
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LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT
Project No. FAC08 -0008 SDR10 -0009
;e # (if applicable): N/A
Grantor /Borrower Rodger C & Stella G Scott
Grantee /Assignee /Beneficiary• City of Auburn IUABIL RSFORVAJID
IJABTL11y ITDR VAI.IDITYAI(D / �
Legal Description /STR: S36 — T22N — R4E ASSUMED BY;75X D4G MV
Assessor's Tax Parcel ID# 362204 -9021 TELWiRAWltCotspAmY
THIS AGREEMENT made and entered into on the 2i day of 201X,
by and 'between the City of Auburn, a municipal corporation of the State of ashington,
hereinafter referred to as "City", and Rodger C & Stella G Scott, hereinafter referred to as
"Property Owners ",
RECITALS
1. The Property Owners are the owners of real property in the
City of Auburn, County of ® King ❑ Pierce, State of Washington, located at
813 44th Street NW and described as shown on Exhibit 'A' attached hereto
(the "Property ").
2. The Property Owners desire 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 Owners agree 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
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5. As provided for by Titles 12 and 17 of the Auburn City Code, the City Engineer
agrees that the Owner may provide forthe 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
constructing, installing and providing for
identified and set forth in paragraph 4 o
through participation in a future LID
Owners to provide for the making,
the street - public works improvements
this agreement (the "Improvements ")
2. OWNERS WILL NOT PROTEST FORMATION OF LID
The Property Owners agree 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 adjacentto
or benefiting the property The Owners retain the rights to object to the Owners'
individual assessment and to appeal the final assessment roil 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 (112) of 44`h Street NW, a non - residential collector, including under -
grounding of utilities, landscaping, storm drainage, remaining curb & gutter,
sidewalk, 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. 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
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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 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 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.
No Protest Agreement
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CITY OF AUBURN
,Pi►-vi
City Engineer
STATE OF WASHINGTON )
ss
COUNTY OF ICING
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 S
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LID No Protest Agreement
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day of ^ Q 201X
PROPERTY OWNER(S):
,iZa /° 4
GRANT-OR
Owner - Rodger C. Scott
TITLE` (\ —,2)
GRANTOR J�
Owner - Stella G. Scott
TITLE
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
On this day personally appeared before me, Rodger C. Scott
and Stella G. Scott to me known to be the owner
and nwner of or on behalf of the Property Owner(s), 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 20th day of May, 2013
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No Protest Agreement
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No Protest Agreement
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EXHIBIT 'A'
Parcel 2 of City of Auburn Lot Line Adjustment No LLA -03 -0009, as recorded under
recording No. 20030805000224, Records of King County, Washington.
Situate in City of Auburn, King County, Washington.
LIO No Protest Agreement
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