HomeMy WebLinkAbout20250701000807, LID No Protest Agreement, Einer & Caroline ThompsonInstrument Number: 20250701000807 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. SDR23r0004
Reference # (if applicable): N/A
Grantor/Borrower: IEiner 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 Owner",
WHEREAS, the Property Owner is/are the Owner 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 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,
WHEREAS, the Property Owner agrees to provide for those street - public works
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improvements through participation in a future Local Improvement District ("LID")
encompassing those improvements, should one be formed; and,
WHEREAS, the Asst. Director 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 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.
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.
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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".
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 NKingE]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.
S. RECORDING
An executed copy of this agreement shall be recorded among the land records of
the NKingE]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.
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EXHIBIT "A"
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.
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DATED this AF�day of dl��44e' 2025.
Asst. rector,& Engineii ring I City Engineer
STATE OF WASHINGTON
)ss
COUNTY OF KING
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 of seal this day of -1 4,o I 2025.
M'111%011U's ,
Notary Public in and for the State of Washington
Residing at
My appointment expires c, 'l - i,�
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OWNER
TITLE
OWNER
STATE OF WASHINGTON)
)ss
COUNTY OF KING
I certify that I know or have satisfactory evidence that If fyS U " and
is/are the person(s) who appeared before me, and said
individual(s) ackndwledged 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.
Dated
state of ' waklmoon
as
STEPHEN J MERCER i +'D . L'
UCENSE 0 192990 "Notary Public in a6d for the State of Washingt
[S
MYCONUSSIONEXP[RES
FEBRUAI�RY 19,2029 Residing at L
My appointment expires
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• *CONSUMER DIRECT
C E NHWORK EMPLOYMENT ATTESTATION
f. if You work In violation of section 'e' above, you maybe subject to corrective action up to and
Including termination.
g. All compensation is subject to applicable tax and other withholdings. This may Include SEW
membership dues and benefits, If authorized by You.
h. We will,pay You for all hours worked, including any Client Responsibility owed by the Client.
You will not accept any form of payment from a Client.
I. We will pay You every other week.following accurate submission of time and tasks.
Pay is issued by direct deposit, either to a bank/credit union account or pay card.
For pay dates and deadlines refer to the CDWA payroll calendar included with hiring
materials or located on the CDWA website -- ConsumerDirectWA.com.
You agree that if funds are deposited to your account in error, CDWA will debit your account to
correct the error. If your account cannot be debited due to closure or insufficient balance,
CDWA may withhold future payments or take other collection actions until the incorrectly
deposited amounts are repaid.
2: Time Submittal:
a. Personal Care and Respite Services -- If You are not live-in exempt, You are required to clock -in
and clock -out for each shift worked using a CDWA Electronic Visit Verification (EVV) method:
CareAttend smartphone app, interactive voice response (IVR), or IVR/E0R. If the EVV system Is
not available, or You forget to ciock-in or clock -out, You are required to use the DirectMyCare
portal or contact CDWA to enter or correct your time. Not complying with EVV may result In
corrective action, up to and including termination.
b. Live-in Personal Care and Respite Services -- You will submit daily hours into the DirectMyCare
portal, CareAttend or IVR weekly. Hours must be entered by the published payroll calendar
deadlines.
c. Training, Travel Time, and Mileage reimbursements -- You are required to submit through the
DirectMyCare portal or through IVR.
d. Paid Time Off (PTO) —You submit through the DirectMyCare portal or through IVR.
e. Administrative pay -- No action required by You. Fifteen (15) minutes of Administrative pay is