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Home My WebLink About20250701000806, Agreement for Deferral of Improvements, Einer & Caroline ThompsonInstrument Number: 20250701000806 Document:AG Rec: $309.50 Page-1 of 7 Record Date:7/1/2025 3:24 PM Electronically Recorded King County, WA Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. Project No. SDR23-0007 Reference if applicable): N/A Grantor/Borrower: Einer and Caroline Thompson Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: Section 28 — Township 21 N — Range 05 E Assessor's Tax Parcel ID#: 282105-9024 THIS AGREEMENT made and entered into on the _ day of , 2025, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City", and Einer and Caroline Thompson, hereinafter referred to as "Property Owners", Vi7"_� 4. WHEREAS, the Property Owners are the owners of real property in the City of Auburn, County of Z King ❑ Pierce, State of Washington, located at the 2610 Hemlock St. SE and described as shown on Exhibit "A," attached hereto. WHEREAS, the Property Owners desire 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, WHEREAS, the Property Owners desire to defer those street -public works improvements to a later time, and have requested agreement by the City for such deferral; and, Agreement for Deferral of Improvements BNG-202, Revised 12/23 Pagel of 7 Instrument Number: 20250701000806 Document:AG Rec: $309.50 Page-2 of 7 Record Date:7/1/2025 3:24 PM King County, WA 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 the City determines to construction the improvements, the Property Owners 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 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. 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. Agreement for Deferral of Improvements ENG-202, Revised 12/23 Page 2 of 7 Instrument Number: 20250701000806 Document:AG Rec: $309.50 Page-3 of 7 Record Date:7/1/2025 3:24 PM King County, WA 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 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 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 south side of Hemlock St. SE consistent with the City of Auburn Design Standards for a local residential street, which includes installation of a 5-foot sidewalk, 5-foot landscape strip, curb and gutter, street lights, and widening the roadway pavement to 24 feet wide per City of Auburn Standards. 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 "K. 7. CONSTRUCTION AND VENUE This agreement shall be construed in accordance with the laws in the State of Agreement for Deferral of Improvements ENG-202, Revised 9/18 Page 3 of 7 Instrument Number: 20250701000806 Document:AG Rec: $309.50 Page-4 of 7 Record Date:7/1/2025 3:24 PM King County, WA 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 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'sperformance 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 ENG-202, Revised 9/18 Page 4 of 7 Instrument Number: 20250701000806 Document:AG Rec: $309.50 Page-5 of 7 Record Date:7/1/2025 3:24 PM King County, WA EXHIBIT "Alp LEGAL DESCRIPTION THAT PORTION OF GOVERNMENT LOT 1 IN SECTION 28, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY_ WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION 50 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 192.75 FEET; THENCE SOUTH PARALLEL TO THE WEST LINE OF SAID SUBDIVISION 149.9 FEET; THENCE WEST TO A POINT ON THE WEST LINE OF SAID SUBDIVISION 149.9 FEET SOUTH OF THE TRUE POINT OF BEGINNING; THENCE NORTH ALONG WEST LINE OF SAID SUBDIVSION 149.9 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Agreement for Deferral of Improvements ENG-202, Revised 9/18 Page 5 of 7 Instrument Number: 20250701000806 Document:AG Rec: $309.50 Page-6 of 7 Record Date:7/1/2025 3:24 PM King County, WA 1� DATED this 4, day of ";( 2025. A st. Diilr&tor of/ingineering / It Engineer STATE OF WASHINGTON) )SS COUNTY OF KING 0 1 WNW-MVIEN A V LAW GIVEN under my hand and official seal this day of 72025. Notary Public in and for the State of Washington Residing at—ILIACIP. My appointment expires 7 T-ITP- ENG-202, Revised 9/18 Page 6 of 7 Instrument Number: 20250701000806 Document:AG Rec: $309.50 Page-7 of 7 Record Date:7/1/2025 3:24 PM King County, WA , ! �r i _. OWNER TITLE STATEO N s COUNTY OF KING I know or have satisfactory evidence a (- C., I. I) , " l�'. -5li-, is/are the person(s) who appeared before 'me, and said individual(s),. dti ! that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and pur es mentioned in this instrument. �� ;,��Vt , ry 4�,¢, t�r�w �,.1 h o-. a . ",�" �" � #" 1 w it Revised " 8 w*gi. 7 of 7