HomeMy WebLinkAbout20150720000668 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 07/23/2010 =FST AMERICAMERICAN
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Return Address: •
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City of Auburn 20150720000668
City Clerk FIRST AMERICAN AG 78.00
25 West Main PAGE-001 OF 007
Auburn,WA 98001 07/20/2015 12:23
KING COUNTY, WA
20100729000795
MACFARLANE AG 67.00
PAGE-001 OF 006
07/29/2010 14:12
KING-COUNTY, WA _ _
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Above this line reserved for recording information. Pdltc—
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
L99P3018 — Plat of Potter aka Seramonte
Reference#(if applicable): N/A
Grantor/Borrower: 1) Michael Goheen 2)Christie Goheen
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NE4-21NSE
Assessor's Tax Parcel ID#: 7695370060
THIS AGREEMENT made and entered into on the)7) day of , 2010,
by and between the City of Auburn, a municipal corporation of the Stat of�shington,
hereinafter referred to as"City", and Michael 8 Christie Goheen, hereinafter referred to
as 'Property Owner",
WITNESSETH:
WHEREAS, the Property Owner is the owner of real property in the
City of Auburn, County of E King ❑ Pierce, State of Washington, described as' Lot 6
Seramonte according to the Plat Thereof Recorded in Volume 232 of Plats,At Pages 4—8,
King County.
• 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 desires-to defer those.street_tree.-_public works
Agreement for Deferral of Street Tree Improvements-Goheen
Page 1 of 6
improvements to a later time, and has requested agreement by the City for such deferral;
and,
WHEREAS,the Assistant Director of the Public Works/City Engineer of the City
of Auburn has approved the request to delay the placement of street tree - 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 owner,the City agrees to allow the Property
owner to delay the installing and providing for the street tree - public works
improvements identified and set forth in paragraph 4 of this agreement.
2. CONSTRUCTION OF IMPROVEMENTS
The Property owner hereby agrees and covenants that they shall install 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 install the improvements as part of a public works project the property
owner, or owners, 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 installation,
inspection and other project related expenses, which benefit the property of the •
Property owner, described as Lot 6 Seramonte according to the Plat Thereof
Recorded in Volume 232 of Plats, At Pages 4— 8, King County and incorporated
herein by this reference. In the event that said property is subdivided or sold in the
future, the Property owner agree to include as a condition of sale and/or a restrictive
covenant the condition that the obligations to install or provide for the street tree -
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 as
Lot 6 Seramonte according to the Plat Thereof Recorded in Volume 232 of Plats,At
Pages 4 —8, King County.
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 owner to install and provide for the
street tree - 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 owner by the City. The time by which the Property owner shall install or
provide for said improvements shall be not later than twelve (12) months after the
written notice b the Ci
Agreement for Deferral of Street Tree Improvements-Goheen
Page 2 of 6
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4. DESCRIPTION OF IMPROVEMENTS
The improvements to be included in connection with this agreement shall be as
follows:
Installation of Street Trees as required per the King County Standards and the
approved plans for Project# L99P3018, Plat of Potter aka Seramonte, Page C17.
To be located within the street frontage of lot 6 or installation of street trees may be
satisfied by incorporating trees into the front yard landscape that are consistent in
size and species with those already installed in adjacent homes of plat and agreed _ _
to by the City of Auburn.
5. NONEXCLUSIVE REMEDIES
in addition to any and all other remedies available to the City, at law or in equity, if
the Property owner fail to install or provide for the improvements, or otherwise
arrange for the installation of such improvements,then the City shall be entitled and
authorized to or provide for such improvements and bill the Property owner for the
costs incurred in connection therewith, and/or file a lien on the property of the
Property owner 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 owner shall be paid by the Property owner 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
as Lot 6, Seramonte according to the Plat Thereof Recorded in Volume 232 of
Plats, At Pages 4 —8, King County.
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 installation or effect of this
agreement, or the rights of the parties to this agreement, it is agreed that venue
shall be in ®King DPierce 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. RECORDING
An executed copy of this agreement shall be recorded among the land records of
the OKing DPierce County Auditor or Recorder.
Agreement for Deferral of Street Tree Improvements-Goheen
Page 3 of 6
10. 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. .
11. 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 Street Tree Improvements-Goheen
Page 4 of 6
CITY OF AUBURN
Ass( it Engineering/City Engineer
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
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 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.
GIVEN under my hand and official seal this -i day of .Inpr1 mboF_ , 2014.
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?A iy>vote a : Notary Public in and for the Sltate of Washington
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Agreement for Deferral of Street Tree Improvements - Goheen
Page 5 of 6
•
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PROPERTY OWNERS:
M%cllad awn 111.-2.-
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OWNER
TITLE
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OWNER
TITLE
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STATE OF WASHINGTON) •
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COUNTY OF KING
I certify that I know or have satisfactory evidence that Mic.hac1 Gct't<tn
and e'So Gn\nexn are the persons who appeared before me, and
said individuals acknowledged that they signed this instrument and acknowledged it to be
their free and voluntary act for the uses and purposes mentioned in this instrument.
GIVEN under my hand and official seal this 236' day of 7'1�i y , 2010.
•
. SHEILA D.COCHRAN 1 Stakt-L-e- C1
NOTARY PUBLIC
STATE OF WASHINGTON
ztiEXPIRES Notary Public ij,\ and for the State of Washington
MARCH 19 2014 Residing at }Lk n- i, -W
My appointment expires `?new i.L Q .20i51
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Agreement for Deferral of Street Tree Improvements-Goheen .,,;_ I,,,,,;"nn;(I•
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