HomeMy WebLinkAbout20200723000573 LID Instrument Number: 20200723000573 Document:AG Rec: $109.50 Page-1 of 7
Record Date:7/23/2020 11:56 AM
Electronically Recorded King County, WA 1t-4-2t -�
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(-4C(0)
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn,WA 98001
Above this line reserved for recording information.
LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT
Project No. SDR20-0003
Reference# (if applicable): N/A
Grantor/Borrower. ERIC HOIERMAN
Grantee/Assignee/Beneficiary: CITY OF AUBURN
Legal Description/STR: Section 14–Township 21 N–Range 04 E
Assessor's Tax Parcel ID#: 390830-0010
THIS AGREEMENT made and entered into on the -1 day of V 1 , 2020,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City", and Eric and Margaret Hoierman. hereinafter referred
to as"Property Owner",
WITNESSETH:
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
the 5XX Aaby Drive 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,
RECORDING REQUESTED BY
FIRST AMMAN TITLE COMPANY
AS AN ACCOMMODATION ONLY
LID No Protest Agreement SDR20-0003 Hoierman
ENG 205, Revised 9/18
Page 1 of 6
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT
Project No. SDR20-0003
Reference # (if applicable): N/A
Grantor/Borrower: ERIC HOIERMAN
Grantee/Assignee/Beneficiary: CITY OF AUBURN
Legal Description/STR: Section 14—Township 21 N — Range 04 E
Assessor's Tax Parcel I D#: 390830-0010
THIS AGREEMENT made and entered into on the day of v) V , 2020,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City", and Eric and Margaret Hoierman. hereinafter referred
to as "Property Owner",
WITNESSETH:
WHEREAS, the Property Owner is/are the Owner of real property in the City of
Auburn, County of ® King 0 Pierce, State of Washington, located at
the 5XX Aaby Drive 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,
RECORDING REQUESTED BY
MAT AMERICAN TITLE COMPANY
AS AN ACCC7; ODATION ONLY
LID No Protest Agreement SDR20-0003 Hoierman
ENG-205, Revised 9/18
Page 1 of 6
WHEREAS, the Asst. Director of Engineering / City Engineer of the City of
Auburn has approved the request to delay the placement of street-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 Owners, the City agrees to allow the
Property Owners to delay the making, constructing, installing and providing for the
street-public works improvements identified and set forth in paragraph 4 of this
agreement.
2. CONSTRUCTION OF IMPROVEMENTS
The Property Owners hereby agree and covenant that they shall construct or
cause to be constructed the deferred improvements described below at
his/her/their expense upon determination by the City of Auburn that the
improvements have become necessary. In the event the City determines to
construct 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 engineering,
permitting, construction, inspection and other project related expenses, which
benefit the property of the Property Owners, described on Exhibit °A" attached
hereto and incorporated herein by this reference. In the event that said property
is subdivided or sold in the future, the Property Owners agree to include as a
condition of sale and/or a restrictive covenant the condition that the obligations to
make, construct, install or provide for the street-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 on Exhibit "A". 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 Owners to make, construct, install and provide for
the street-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 Owners by the City. The time by which the Property Owners shall make,
construct, install or provide for said improvements shall be not later than twelve
(12) months after the written notice by the City.
If notice to the Property Owners by the City for the Property Owners to make,
construct, install, and provide for the street-public works improvements set forth in
Agreement for Deferral of Improvements SDR20-0003 Hoierman
ENG-202, Revised 11/17
Page 2 of 7
paragraph 4, below, is not commenced within ten years from the date this
agreement is executed, this agreement shall terminate without further obligation
from the Property Owners.
4. DESCRIPTION OF IMPROVEMENTS
The improvements to be included in connection with this agreement shall be as
follows:
Half street improvements along the southeast side of Aaby Drive consistent with
the City of Auburn Design Standards for a Local Residential Street, which includes
installation of a 5-foot sidewalk, 5.5-foot landscape strip, curb and gutter, street
lights, and a residential driveway per City of Auburn Standards.
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. NONEXCLUSIVE REMEDIES
In addition to any and all other remedies available to the City, at law or in equity, if
the Property Owners fail to make, construct, install or provide for the
improvements, or otherwise arrange for the construction and installation of such
improvements, then the City shall be entitled and authorized to make, construct,
install or provide for such improvements and bill the Property Owners for the costs
incurred in connection therewith, and/or file a lien on the property of the Property
Owners 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 Owners shall be paid by the Property Owners 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 in Exhibit "A".
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 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.
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
Agreement for Deferral of Improvements SDR20-0003 Hoierman
ENG-202, Revised 9/18
Page 3 of 7
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attorney's fees.
9. LOCAL IMPROVEMENT DISTRICT
The Property Owner also agrees not to protest the formation of a Local
Improvement District for any or all of the street improvements listed above, if
initiated by the City or by property owners adjacent to or benefiting the property.
10. RECORDING
An executed copy of this agreement shall be recorded among the land records of
the King ❑Pierce County Auditor or Recorder.
11. 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.
12. 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 Improvements SDR20-0003 Hoierman
ENG-202, Revised 9/18
Page 4 of 7
EXHIBIT"A"
,Auburn,WA 98001
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE OF AUBURN. COUNTY OF KING, STATE OF
.WASHINGTON AND IS DESCRIBED AS FOLLOWS:
LOT A,CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-0012-92,RECORDED UNDER RECORDING
NUMBER 9209302912,IN KING COUNTY,WASHINGTON,BEING A PORTION OF LOT 1,KLINE'S 1ST ADDITION TO
AUBURN,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 96 OF PLATS,PAGE(S)78,IN KING
COUNTY,WASHINGTON.
SITUATE IN THE CITY OF AUBURN,COUNTY OF KING,STATE OF WASHINGTON.
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CITY OF AUBURN
DATED this 7/' day of ///j
, 2020.
177.
A t. Dir tor of F,,rfgineering /City Engineer
STATE OF WASHINGTON )
)
COUNTY OF KING ss
I certify that I know or have satisfactory evidence that Jacob Sweeting 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
Asst. 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.
GIVEN under my hand and official seal this -1 day of c-) )1 2020.
SHE," 6()\ 91A41,I n
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NotaryPublic and for he t e of Washington
��./ '44?."%V. Residg at 1 i-k Y
�GFwAB41,- My appointment expires fAb YVA1 9 'j ffLl'
Agreement for Deferral of Improvements SDR20-0003 Hoierman
ENG-202, Revised 9/18
Page 6 of 7
PROPERTY OWNER:
OWNER
TITLE
OWNER
/✓'A n&i1V-- /.. 11 a/f 4,•14w
TITLE
STATE OF WASHINGTON )
COUNTY OF KING ) ss
I certify that I krjoyv or have satisfactory evidence that E I BIOS W v\Fu1J
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and a r� L is/are the person(s) who appeared before me,
and said individual(s) acknowledged that he/she/they signed this instrument and
acknowledged it to be his/her/their free and voluntary act for the uses and purposes
mentioned in this instrument.
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GIVEN under my hand and official seal this ) 7 day of J Vu 2020.
41/
NOTARY PUSUC
STATE OF WASHINGTON i(n c.
DANA D. EDWARDS Notary Public in and for the State of Washington
My Appointment Expime
JULY 28, 2021 Residing at i'-eh41.
My appointment expires 07/202 /
LID No Protest Agreement SDR20-0003 Hoierman
ENG-205, Revised 9/18
Page 6 of 6