HomeMy WebLinkAbout20140522001525 LOCAL IMPROV DIST NO PROTEST AGREEMENT 05/09/2014W -0,V
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
'zmiamszzee }szs
Above this line reserved for recording information.
LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT
Project No. SDR13 -0004
Reference # (if applicable):
N/A
Grantor /Borrower
Lawrence O. Ude & Rita I. Ude
Grantee /Assignee /Beneficiary
City of Auburn
Legal Description /STR:
SE -SW Section 11 - Township 21 N - Range 04 E
Assessor's Tax Parcel ID #-
926280 -0032
THIS AGREEMENT made and entered into on the 2 day of�rti'1 ny 2014,
by and between the City of Auburn, a municipal corporation of the State ofWashington,
hereinafter referred to as "City ", and Lawrence O. Ude & Rita I. Ude hereinafter
referred to as "Property Owner ",
WITNESSETH. �^� il ti..i.i3s( ? >ti.0';: %'t x:' ..?
WHEREAS, the Property Owner is /are the Owner of real property in the
City of Auburn, County of ® King ❑ Pierce, State of Washington, located at
3164656 TH AVE S 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 tree - public works improvements would need to be made or
otherwise provided for; and,
WHEREAS, the Property Owner agrees to provide for those street tree - 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
I k 5.
WHEREAS, the Asst. Director of Engineering /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 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 through participation in a future LID
2. OWNER 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 Owner retains the right 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:
Half street improvements along the east side of 56th Ave. S consistent with the
City of Auburn Design Standards for a residential collector, which include
17' paved lane and shoulder, 6' paved bike lane, 0 5' curb & gutter, 5' sidewalk,
5' landscape strip, undergrounding of utilities, and 3" telecommunications
conduit.
Note that the width of pavement widening above is the minimum required
Additional paving and right -of -way dedication may be necessary to accommodate
the roadway improvements depending on the surveyed location of the existing
centerline of 56th Ave S
All improvements shall be constructed in conformance with the City's design and
construction standards in place at the time of design and construction.
LID No Protest Agreement Page 2 of 6
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"
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'ofjthispAgreement.
No liability shall attach to the City by reason of entering into�thjs�Agree mg"m� ixcept
as expressly provided herein,
-A
10. ENTIRE AGREEMENT %eUq
This agreement contains the entire understanding of the- partiess?w1Qli, respect to
.n::.nrw .+ z
the matters set forth herein and any prior or contemporaneous, under:�ta� dings
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
im
CITY OF AUBURN
DATED this day of 12014
Ingrid G , ss ector of engineering /City Engineer
STATE OF WASHINGTON )
)ss:
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Ingrid Gaub, to me known as the
City Engineer representing the City of Auburn's Department of Public Works, who
acknowledged that she signed this instrument and acknowledged it to be her free and
voluntary act for the uses and purposes mentioned in this instrument.
Dated 5
kA J, 6a,1X i
PROPERTY OWNER:
w✓.,�sz �aGP�—
WOW
TITLE
OWNER
TITLE
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
On this day personally appeared
and
before me, Lkktjo-� ue and
to me known to be the
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).
Dated 2 , Zo 1'V
.�_
uia Notary Public in and for the State of Washington
Residing t
My appointment expires_10 —6 -2v /
�F IkhSN`�
JAK /tlb /sys
Ref. H \Development\Projects \UDE — SFR \SDR13- 0004 \Legal Documents \2014
LID No Protest Agreement Page 5 of 6
EXHIBIT "A"
LEGAL, DESCRIPTION
THE, WE'ST 205 3) F EF OF TRACT 6, WEST AUBURN FIVL ACRE TRACTS, AS
RECORDED IN VOLUME I5 OI N A I S, PAGE 12, RECORDS OF KING COUNTY,
WASHINGTON;
h.XCf ?P'I" "I•HIi NOR "I'I -1 100 I I31� "I "I'I iF,F�FOF,
ANU l,XCla'T TI-1R SOtJ'T'FI 30 FEIrT TIILItLOP
LID No Protest Agreement Page 6 of 6