HomeMy WebLinkAbout202408290132 Repayment Agreement for Fee in Lieu of Improvements, Wood, David 202408290132 Page 1 of 10
202408290132
• Electronically Recorded
Pierce County,WA TBYE
08/29/2024 10:24 AM
Pages: 10 Fee:$312.50
Return Address:
Auburn City Clerk-
City of Auburn
25 West Main St.
Auburn,WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Repayment Agreement for Fee in Lieu of Improvements
Reference Number(s)of Documents assigned or released:
❑Additional reference#'s on page_of documentOR)
Grantor(s)(Last name first,then first name and initials)
Wood, David
Grantee: (Last name first)
RECORDING REQUESTED BY
FIRST AMERICAN TITLE COMPANY
City of Auburn AS AN ACCOMMODATION ONLY
Legal Description(abbreviated: i.e. lot, block, plat or section,township, range)
LOT 17 OF LAKELAND DIVISION III, PHASE I,AS PER PLAT RECORDED AUGUST
5, 1998,AUDITOR'S RECORDING NO. 9808055001, RECORDS OF PIERCE
COUNTY AUDITOR.
❑Additional legal is on pages XX of the document.
Assessor's Property Tax Parcel/Account Number:
700109-0170
❑Assessor Tax#not yet assigned
Return Address:
Auburn City Clerk-
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Repayment Agreement for Fee in Lieu of Improvements
Reference Number(s) of Documents assigned or released:
❑Additional reference#'s on page_of document401)
Grantor(s) (Last name first, then first name and initials)
Wood, David
Grantee: (Last name first) RECORDING REQUESTED BY
FIRST AMERICAN TITLE COMPANY
City of Auburn AS AN ACCOMMODAT/ON ONLY
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
LOT 17 OF LAKELAND DIVISION III, PHASE I, AS PER PLAT RECORDED AUGUST
5, 1998, AUDITOR'S RECORDING NO. 9808055001, RECORDS OF PIERCE
COUNTY AUDITOR.
❑Additional legal is on pages XX of the document.
Assessor's Property Tax Parcel/Account Number:
700109-0170
0 Assessor Tax#not yet assigned
•
REPAYMENT AGREEMENT FOR FEE IN LIEU OF IMPROVEMENTS
THIS REPAYMENT AGREEMENT FOR FEE IN LIEU OF IMPROVEMENTS
("Agreement") is by and between the City of Auburn (the "City"), a municipal corporation
in the State of Washington and David Wood, property owner (the "Applicant" or •
"Property Owner") (each a "Party" and together the "Parties").
WHEREAS, the Applicant is responsible for the replacement of City sidewalk panel(s)
damaged by vegetation on their property, as shown in the notice sent to the Applicant
(Exhibit 1); and
•
WHEREAS, the Applicant seeks to participate in the City's sidewalk repair program.
Under this program, the Applicant will pay the City a fee in lieu of undertaking the
required sidewalk panel replacement improvements ("Improvements"). In return, the
City will include the Applicant's required Improvements in its construction project
schedule. The total assessed fee in lieu for Applicant's required sidewalk
Improvements is $7,478; and
WHEREAS, the Applicant has expressed to the City the need to make monthly
payments of$623.16 each month toward the assessed fee; and
WHEREAS, the City agrees to permit the Applicants to pay the fee in lieu through a 12-
months repayment plan (which is attached as Exhibit 2), and to include the Applicant's
required sidewalk Improvements in the City's construction project schedule once
Applicant has paid the full fee in lieu amount due; and
NOW THEREFORE, in consideration of the mutual promises and other good and
valuable consideration, the sufficiency of which is acknowledged, the Parties agree as
follows:
1.. Required Improvements: The replacement of sidewalk panels damaged by
vegetation at Applicant's property.
•
2. Fee in Lieu. In lieu or undertaking and completing the required sidewalk
Improvements, the Applicants agree to pay the City one hundred percent (100%)
of the City's estimated costs to complete the required Improvements. The
Parties have determined that the cost of Improvements is $7,478, which is the
amount to be paid by the Applicant to the City ("Fee in Lieu").
3. Payment. The Applicant will pay this fee in lieu to the City in monthly payments
of$623.17 according to an agreed payment schedule (attached as Exhibit 2).
Applicant shall make the first payment on or before September 30, 2024, and
the last payment on or before August 31, 2025. Payments are due on the last
day of the month.
Page 1 of 4
Forms of acceptable payment include personal check, money order, cash, or
credit card. Payments are accepted:
i. In person at the Customer Service Center, 1 East Main Street, 2nd
floor, Auburn, WA
ii. Via mail addressed to City of Auburn, Finance Department, etc. —
include the invoice with your payment.
4. No Prepayment Penalty. Applicant shall face no penalty for paying all or any part
of the fee in lieu earlier than the schedule in Exhibit 2.
5. Applicant Late Payments or breach of Agreement. Applicant payments under
this Agreement are due on or before the payment date reflected in Exhibit 2 to
this Agreement. If Applicant fails to pay any installment of the Fee In Lieu when
due, or breaches any other portion of this Agreement, the City at its option and
without notice may declare that the entire unpaid Fee In Lieu amount is due
immediately. Applicant further acknowledges that the City may enforce a default
or breach of this Agreement through lawful means, which may include
cancellation of this Agreement. If the City elects to cancel this Agreement due to
Applicant's default or breach, Applicant will be required to undertake and
complete the Improvements described in this Agreement as required by State
Law and City Code.
6. Lien for Failure to Pay. The applicant acknowledges that the City reserves the
right to enforce a default or breach of this Agreement through a lien on the
property as provided by RCW 35A.60.010 or other applicable law.
7. Sale or transfer of Property: If Applicant transfers ownership of the Property at
any time during the term of this Agreement, or prior to paying the full amount of
the fee in lieu, the unpaid remaining balance will be due in full to the City prior to
the change of ownership.
8. Use of the Fee In Lieu. The City will use the fee in lieu collected under this
Agreement to fund planned public improvements along the Property's frontage,
and to complete the required Improvements.
9. Right of Entry. Applicants agree to allow the City (including its contractors,
employees, and others as authorized by the City) to enter the Property for the
purposes of designing and constructing the Improvements, and/or to perform
any actions reasonably related to the design and construction of the
Improvements. This City right of entry into and upon the Property shall include,
but not be limited to, the City's right to perform the following actions at or upon
the Property during its design and/or construction of the Improvements:
reconnaissance, surveying, grading, restoration, and installing the sidewalk. This
City right of entry shall automatically terminate when construction of the
Improvements is complete. For purposes of this paragraph, construction of the
Improvements shall be deemed "complete" when the work is physically complete
and the warranty period, if any, has expired.
Page 2 of 4
i
10.Waiver of Objections. The Applicants for themselves and their successors and
assigns waive any objection that they may have arising from the;payment of a
Fee in Lieu asset forth in this Agreement or from any action under Chapter
12.12;of the Auburn City Code and/or RCW 35.68.or RCW:35:6.9.
11.:Entire Agreement:This Agreement is the entire Agreement between the Parties
regarding its subject:matter. If the terms of this Agreement and any Deferral
Agreement between:the Parties related to payment of the fee in lieu conflict, the
terms of this Agreement will control.
12.Binding Effect, Recording. This Agreement will be binding upon the City and
Applicants and their respective heirs, agents, successors, assigns, owners,
officers,directors, shareholders, employees, representatives, attorney,.insurers, ,
divisions, subsidiaries, affiliates, predecessors, and all.persons acting by,
though, under or in concert with any of them. This Agreement will be filed with
the King County Recorder's Office and recorded against the property:
13.Amendment. This Agreement may be amended only in writing executed by both;
Parties to the Agreement or their successors or assigns.
14.Enforcement. The Agreement may be enforced only by the Parties or their
successors or assigns and no,third party has standing to enforce the terms of
this Agreement.
[Signatures and acknowledgements follow]
CITY OF AUBURN
DATED th•is day of t,p,-� 2024
&eld.K.../e;
Jacob weetin , City E g'i'neer
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
i
Page 3 of 4
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 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. f
GIVEN under my hand and official seal this 12 'kday of 14-u 3 t,A`- , 2024
, r eiikoii t, 6
r`A -, . eoLit.„4,-,---- .
� 9 NOTAR. UBLIC IN AND FOR THE STATE
VA •q.6
d��!o ", q
_ OF WASHINGTON,
.S ,,.�. , _ ' > 4, RESIDING AT Pr C.ArcA_
gahmomv,% MY APPOINTMENT EXPIRES bitbfaEs
P O TOWNER(S
4 d 4<1 /1/ ,,,t)v/ ,
David.Wood
STATE OF WASHINGTON )
)ss.
COUNTY OF V+,r>t )
I certify I know or have satisfactory evidence that.David Wood is the person who
appeared before me, and said person acknowledged that they signed this instrument on.
oath stated that they were authorized to execute the instrument and acknowledge as
the.Property Owner, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
1.
GIVEN under my hand and official seal this s.. . day of \v5.ui, -t-- , 2024
4 .P Ple � i (43
Gas o O
0 ��� OTA. PUBLIC IN AND FOR THE.STATE
0 jig ,..
1/4442 OF WASHINGTON,
4��$�� ,. „liegaPP _3. � RESIDING AT pr�tC�e
MY APPOINTMENT EXPIRES 3/1 t I'7 6,
APPROVED AS TO FORM:
6::::::2
.. :an Wl 1e '.. tterRey
Rid d By rAE Oeptti,y C;'ij ell-
Page 4 of 4
'00°1' .‘
c.:rry or .. *.,
Notify Backus,, Mayer
WAS HI NGTO:N 25Wwst Main Street *Auburn 9 QO1-1988* www,aarcbtirnwa.g v# 253-031-3D0O
February 15, 2024
David Wood
1608 61st St SE
•
Auburn, WA 98092
RE: Sidewalk Damage at 1608 61st St SE, Parcel.#7001090170
Reference#`: R41349
INITIAL NOTICE
Dear David Wood:
Trees on your property at 1608 61st St SE grew to.a point where they damaged the adjacent
sidewalk along 62nd St SE. City staff provided temporary repairs to the sidewalk, but the
damaged sidewalk must still be replaced, See the enclosed pictures for details: Per.Auburn
City Code (ACC)'12.12.234."Damage caused to the sidewalk by vegetation located on private
property, lack of regular maintenance by the abutting property:owner, or:damage that is in any
way caused by the abutting property owner shall be the responsibility of the private property
owner to repair..."'Because the trees that caused the damage are located on your property,
you are responsible for the damage caused by these trees to the public right-of-way.
The City requires that you:
• Remove the tree roots lifting the sidewalk; and.
• Replace the damaged sidewalk.
Sidewalk.Replacement
To replace the damaged sidewalk, you have two(2) options:
1.. Hire a licensed contractor who will need to obtain a construction permit from the City; or
2. Prepare and submit an application and pay a fee to:have the sidewalk repaired by the
City as part of its Sidewalk.Repair Program.
City's Sidewalk Program:information:
The 2024 fee for this program is $34 per square.foot (SF.) of sidewalk to be replaced, with a
$100 administrative fee, which would come to a total of$7,478 for the sidewalk area.217 SF
you are required to replace as a result of the damage from your trees: See the enclosed picture
for the dimensions of the sidewalk panel(s)that.must be replaced.
To apply for inclusion into this program, please complete and submit.the.enclosed application,
including payment,(if paying by check) and the "Indemnjficetion, Hold Harmless, and Right of
Entry"form completed and signed. If you prefer to pay by card, please let us know and we:will
contact you after your application was received to process your payment over the phone.
Tree Root.Removal
Should you decide to retain the tree :and only have the roots removed (by the City or your
contractor), you are encouraged to work with an arborist to evaluate and monitor the health of
the tree to ensure it will not create additional risks, for which you are responsible.
Should you decide to remove the tree, replacement is not required.
•
{
•
•
•
David Wood
February 15, 2024 •
Page 2 of 4
•
•
Should you decide to replace the tree within.ten (10).feet•of the right-of-way, please refer to'
the enclosed Standard Detail T-06.4 for .required root control barrier specifications. Tree
replacement is your'responsibility regardless of whether you participate in•the City Sidewalk
Repair Program or hire a licensed contractor to repair the sidewalk.
Timeline •
If you choose to hire a.contractor, work must be completed,within 180,days of this letter, by •
August 13, 2024.
If you choose to participate in the City's Sidewalk Program,within 90.day,days of this letter, by May
15, 2024, please return the application and the "Indemnification, Hold Harmless, and Right of
Entry"form completed and signed, and complete your payment.
Non-compliance will.result in code enforcement action.
Thank you for your attention to this_concern. If you have any questions or need to discuss the
tirneline for the work or the two options listed above, 'please contact me at 253-398=7351 or
vbeanCa7auburnwa.gov.
• Sincerely,
Veronica Bean
Transportation Technician.
Public Works.Department •
VB/rfb
Enclosures: Pictures of tree and sidewalk:damage
Sidewalk.Program Application
Indemnification,.Hold Harmless, and Right of Entry Form
ACC12..12234 Sidewalk Repair end Replacement Responsibility
Street Tree Standard Detail T-06.4
cc: Samim QayOomi, Associate Engineer
Seth Loop, Construction Manager
E)(141
1311 2
a •
. .
•
ti
CITY OF *
WAS H IN:GTON
David Wood
City of Auburn: Fee in Lieu of Improvements - Payment Schedule
Fee Values and Terms Payments
Fee amount $7;478.00 Scheduled payment $623.17
Fee period in months 12 Scheduled number of payments 12
Number of payments per month 1
Payment Start Date 9/30/2024
Payment i Payment Beginning Scheduled Extra I Total Ending
Number ! Date ! Balance Payment Payment I Payment: I Balance
1 ! 9/30/2024 $7,478.00 $623,17 $0,00 ; $623.17 $6,854.83
2 10/31/2024 $6,854.83 $623:17 : $0.00 $623.17 $6,231.67
3 ; 11/30/2024 : $6,231.67 $623.17 $0,00' ; $623;17 : $5,608.50
4 12/31/2024 ; $5,608,50 $62317 ; $0.00. $623.17 1 $4,985.33
5 ; 1/31/2025 : $4,985.33 $623.17 $0.00 $623.17 $4;362.17
6 2/28/2025 ! $4;362.17 , $623.17 $0.00 $623.17 $3,739.00
7 ; 3/31/2025 $3,739.00 $623.17 '$0,00 ! ,$623.17. $3,115.83
8 4/38/202$ i $3;115.83 $6423,17 $0.00 $623.17 $Z492.67
9 6/10026 ; s2,462.67 ; $623.17 $0.00 $623,17 $1,8g9:56
10 ; 6/30/2025 $1,869.50 ; $623.17 ; $0.00 : $623.17 $1,246.33
11 7/31/2025 ; $1;246.83 $623,17 $0.00 $623.17 3. $623.17
12 '8/31/2025 $62317 $623.17 $0.00 $623.17 : $0.00
•