HomeMy WebLinkAbout20141124000992 LOCAL IMPROVEMENT DIST NO PROTEST AGREE 10/27/14Mgt AMERICAN
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
-4 /sue
1111111
Sw ;3 -i2 -S" �L1�
40
00992
Above this line reserved for recording information.
LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT
Project No. SDR14 -0013 / ADD14 -0030
Grantor /Borrower: Adam Ulrich 8, Brenda Ulrich
Grantee /Assignee /Beneficiary: City of Auburn
Legal Description /STR: Section 33 — Township 22 N — Range 05 E
Assessor's Tax Parcel ID #. 332205 -9043
THIS AGREEMENT made and entered into on the 617-day of r) b- orcr2014,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City ", and Adam Ulrich & Brenda Ulrich, hereinafter
referred to as " Property Owner",
WITNESSETH:
COUFi y8Yanco%nmrON
wo LT'maiTyx'on 1!siar,., . A,%m / V h
rz st,VzACYASSU1NM av orb rAMERId'
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
11821 SE 282nd Street 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 - 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 7
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 south side of SE 282nd St. consistent with the
City of Auburn Design Standards for a local residential, which include a
14' paved lane, curb, gutter, sidewalk, landscaping, street lighting, and
undergrounding of overhead utilities.
Note that the half- street width of pavement 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 SE 282nd St.
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 7
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 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 7
CITY OF AUBURN
DATED this 27r' day of OC,406e/ , 2014.
Ing
STATE OF WASHINGTON
COUNTY OF KING
)ss:
ineering /City Engineer
I certify that I know or have satisfactory evidence that Ingrid Gaub is the person who
appeared before me, and said person acknowledged that she signed this instrument, on
oath stated that she was authorized to execute the instrument and acknowledged it as
the Assistant Director of Engineering /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.
Dated / O /off 11
Y p \UNIIIIII
? 0 W1�
gzi
3 '
4 +'ue ?,cgs O
IS-
LID No Protest Agreement
Page 4 of 7
residing
residing at t- 'tQ-�,ee
My appointment expires
PROPERTY OWNER:
OWNER
TITLE
r� a, v •
STATE OF WASHINGTON )
ss
COUNTY OF KING ) (� LC
On this day personally appeared before me, 10 r-end01 C LV-
'and to me known to be the Property Owners,
and the individuals described in and who executed the within foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed, for
the uses and purposes therein mentioned, and on oath stated that they are authorized
to execute the above agreement'as the Property Owners.
Dated OC+Dbev'
HEATHER D. MINNITI
NOTARY PUBLIC
STATE OF WASHINGTON
LID No Protest Agreement
Page 5 of 7
Notary Public in and for the State of Washington
Residing at -F A
My appointment expires L1 102,f 3f3I l
PROPERTY OWNER:
A� - u Ire-
OWNER
'Fr-o per Ty D w r, C
TITLE
STATE OF WASHINGTON )
ss
COUNTY OF KING ) a f
On this day personally appeared before me, / 1C[Q- n LkU-lcl\--
and to me known to be the Property Owners,
and the individuals described in and who executed the within foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed, for
the uses and purposes therein mentioned, and on oath stated that they are authorized
.'to execute the above agreement as the Property Owners.
Dated L T
L D. MINNITI -f ��V D
PUBLIC Notary Public in and for the State of Washington
i ASHINGTON
aNExPlrtES Residing at ER 9 2018 My appointment expires_1 I j 0 q
LID No Protest Agreement
Page 6 of 7
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 41: 332205 9043 Site Address: 11821 SE 282 01 Street, Auburn, WA98092
Northwest quarter of the Southwest quarter of the Northwest
quarter of the Southwest quarter of Section 33, Township 22 North,
Range 5 East, W.M., Range 5 East, in King County, Washington;
EXCEPT the North 30 feet thereof, and
EXCEPT the West 90 feet thereof
LID No Protest Agreement
Page 7 of 7