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Home My WebLink About20000919000499 STREET IMPROVEMENT DELAY AGREEMENT 091900lw~ Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 OCI 0 2000 BYR/v CLERKS Cr C PACIFIC NW TIT AG PAGE 001 OF 005 09/19/2000 11:08 KING COUNTY, WA 9000499 12.00 Above this line reserved for recording information. STREET IMPROVEMENT DELAY AGREEMENT (Project Nos. BLD00-0022 and FAC99-0034) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Estep Development, L.L.C. 2) Additional on page: rn Grantee/Assignee/Beneficiary: City of Auburn C=) ]Legal Description/STR: E ''/Y, 31-22-5 Additional on page: , C= Assessor's Tax Parcel ID#: 936060-0352 C=~ This agreement entered into on the date hereinafter set forth by and between Estep Development, L.L.C., its heirs, successors, and assigns hereinafter referred to as the "Owner" and the City of Auburn, Washington, hereinafter referred to as the wom flied for Moord by PeciAc Northwest TMte as WITNESSETH acoornmodetlon only. R has nut been +awrwwd " to ProPer ex0oub n or se to As et►sct upon We. WHEREAS, the Owner is in the process of developing its property on 49"' Street NE legally described as follows: SEE EXHIBIT `A' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. WHEREAS, the Owner has requested permission to delay the placement of street improvements to serve the aforesaid legally described property and the request was approved by the (Public Works Committee of the City of Auburn) on the 10"' day of July, 2000. WHEREAS, the owner agrees to install the required street improvements or pay the cost of street improvement consisting of one-half (1/2) of a local access street; including pavement, undergrounding of utilities, landscaping, storm drainage, curb/gutter, sidewalk; illumination, a-- Street Improvement Delay Agreement Page 1 of 5 cn~ ca C7 0 C= N channelization, and signing. All improvements to be constructed to City of Auburn , specifications. WHEREAS, this agreement is recorded with the King County Auditor's Office, and the Owner agrees to advise all subsequent interests in the subject property pf the existence of this agreement.° NOW, THEREFORE, in consideration of theimutua1, enefits to be derived herein a delay is hereby authorized that will allow the Owner,to defer the construction and/or payment of construction if done by the City, of the required street improvements until the City deems it necessary io construct said improvements along 49" Street NE. Payments and/or costs are to be equally distributed overall properties legally described above based upon the square footage of each property. The Owner acknowledges that at any time during the term of this delay when the Director of Public works so determines that the improvement is needed to compliment or complete other planned and financially secured street improvements in the immediate vicinity of the street improvements delayed by this agreement, then the Owner agrees to complete such improvements within six months of notification by the City. Should the Owner fail to acknowledge this requirement and proceed to submit his project plans for City review and approval within 60 days of notice by the City, the Owner acknowledges that the City has a right to perform the work and assess the cost of improvements by filing a lien against the property described herein in accordance with procedures established in Auburn City Code Title 12 entitled "Street, Sidewalks, and Public Works". The 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. It is further agreed by the Owner, its respective heirs, successors, or assigns, and all other subsequent Owners, their respective heirs, successors, or assigns, that should it be necessary for the City to. enforce.any of the hereinabove provisions of this agreement, the Owner, its heirs, successors; and assigns hereby covenant and agree to pay the City all reasonable attorney fees and co"sts'incurred by the City'to enforce the provisions of this agreement. TTfie term of this agreement,shall commence as of the date signed below and shall expire ten (10) years from and after the date hereof unless earlier terminated pursuant to the provisions of this Agreement. Upon expiration of this agreement, neither party shall have any further obligation arising hereunder. An executed copy of this agreement shall be recorded among the land records of the King County Auditor. Street Improvement Delay Agreement Page 2 of 5 o~Q DATED and SIGNED this day of CITY OF AUBURN DIRECTOR OF PUBLIC WORKS 7-zGo0 O Date cry Q7 0 a cm O7 cn O C= C= C'V Owner Date Street Improvement Delay Agreement Page 3 of 5 STATE OF WASHINGTON) )ss. County of King ) 0 c=) c= rn I certify that I know or have satisfactory evidence that J EAl,~ is the person who appeared before me; and said person acknowledged that ie/ a signed this instrument, on oath stated that he/she was authorized to execute the instrum ent and' acknowledged it as the `50 ~ E O way e-e- of F 3 .c~ e E M a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated -2 4,00 :O~NCiTAP , c7 ' PIJBLic I1~9'• 1 9. 1~.~~~WASH~N~'~= STATE OF WASHINGTON) )ss. COUNTY OF KING ) otary Publ' and for the tate of Washington residing at cs'*-,cD caws My appointment expires 't l~3 I certify that I know or have satisfactory evidence that Christine M. Engler 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 DIRECTOR OF PUBLIC WORKS of the CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated ~ti4,e S ~3lea~ Q'e-% ' I ~SSioy 90 .V 100 :C) NOT 'O i~ ~G • v ~Y / cq. It ' Ic 0!-D a-) 2 s . o~: ' • Notary Public in d for the State of Washington residing at K-' K ti CO u-K My appointment expires -1,0 - Z!2- D--, HPM/bd REF. H:\FAC\FAC99-0034-8\E00-741 and BLD00-0022 (ST DELAY IMP AGREE) Street Improvement Delay Agreement Page 4 of 5 EXHIBIT `A' That portion of the east half of the W.A. Cox Donation Land Claim, Section 31, Township 22 north, Range 5 cast, W.M., King County, Washington, describe as: Beginning 1454.4 ft. west of the northeast corner of said W.A. Cox Donation Land Claim; thence south 843.64 feet; thence west 258.06 feet to the TRUE POINT OF BEGINNING; thence east to point 110 feet, west of the west margin of 86th Avcnuc South as condeffmcd for road under King County Superior Court Cause No.85322; thence north 312 feet; thence west 118 feet, more or less, to a point north of the TRUE POINT OF BEGTNNING; thence south 312 feet, more or less, to the TRUE POINT OF ]BEGINNING; EXCEPT that portion, if any, lying within that certain tract of.land conveyed to Dave Hill and Bridget Hill, his wife, by deed recorded in Vol. 469 of deeds, page 605, records of King County; also known as portion of Tract 46 of White River Valley Home Tracts 2nd Addition, unrecorded plat. Cn cm cm C=) Cn r Cn O C~ C= t'V HPM/bd REF. H:\FAC\FAC99-0034-8\E00-741 and BLD00-0022 (ST DELAY IMP AGREE) Street Improvement Delay Agreement Page 5 of 5