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HomeMy WebLinkAbout20091118001267 LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT 110209Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 BPENii!l~~igEU 2009111800 26] AGE 001 C)F'0'0' AG 57.00 68 w KING Above this line reserved for recording information. LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Project No. SPL09-0001 1I A q V Z__ Grantor/Borrower: 1) Nikolay Bozhko 2) Ly~ ov Bozhko Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: 05-21-05 Assessor's Tax Parcel ID#: 052105-9051 THIS AGREEMENT made and entered into on the day of Nou_.~m6~ 2009, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City", and Nikolay Bozhko and Lyubov Bozhko, hereinafter referred to as "Property Owner(s)", WITNESSETH: WHEREAS, the Property Owner(s) is/are the owner(s) of real property in the City of Auburn, County of ® King ❑ Pierce, State of Washington, located at 29935112 th Avenue SE, Auburn, WA_ and described as shown on Exhibit "A", attached hereto. WHEREAS, the Property Owner(s) desire(s) 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(s) agree(s) to provide for those street-public works improvements through participation in a future Local Improvement District ("LID") encompassing those improvements, should one be formed; and, LID No Protest Agreement Page 1 of 6 WHEREAS, the Assistant Director of the Public Works Department / 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(s), the City agrees to allow the Property Owner(s) 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(S) WILL NOT PROTEST FORMATION OF LID The Property Owner(s) agree(s) 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(s) retain(s) the rights to object to the Owner's (Owners') 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: One-half (1/2) of one (1) local access street (111th Avenue SE and one (1) minor arterial road (112th Avenue SE), including pavement, undergrounding of utilities, landscaping, storm drainage, curb & gutter, sidewalk, illumination, channelization, and signing. 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. 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." LID No Protest Agreement Page 2 of 6 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 ®King ❑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. 8. RECORDING An executed copy of this agreement shall be recorded among the land records of the ®King ❑Pierce County Auditor or Recorder. 9. INDEMNIFICATION The Property Owner(s) 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 (Owners') 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. G < c r.R,r t D No Protest Agreement Page 3 of 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first above set forth. CITY OF AUBURN: Assistant Director of the Public Works Department / City Engineer STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Dennis Selle 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 Assistant Director of the Public Works Department / 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 (c day of SAO, 11 41 2 -1 /'/,it `WASN\ t;tic Ql-~ Residing at ---f' My appointment expi F( o v 9- 2009. e State of Washi gton ri ial n rotest Agreement Page 4 of 6 PROPERTY OWNER(S): GRANTOR TITLE GRANTOR TITLE STATE OF WASHINGTON) ) ss COUNTY OF KING ) On this day persona,IIy appeared before me, M, ka(ay Qozh ~o and LyUhoy Qoz lto to me known to be the and of or on behalf of the Property Owner(s), and the individual or individuals described in and who executed the within foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the above agreement as or on behalf of the Property Owner(s). W n GIVEN under my hand and official seal this day of Glove of 5el , 2009. Notary Public in and for the State of Washington Residing at Adt ur n, L, R My appointment expires (I a4 I o MB/tlb/hm Ref: H:\Development\Projects\Bozhko Short Plat\2009 LID No Protest Agreement Page 5 of 6 EXHIBIT A THE NORTH 30 FEET OF THE NORTH 230 FEET OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT ROAD; AND; ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6 IN EASTRIDGE MANOR, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 88 OF PLATS, PAGE 84, IN KING COUNTY, WASHINGTON; THENCE ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 6 TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE WEST ALONG THE SAID SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER TO THE INTERSECTION OF THE SOUTHERLY EXTENSION OF THE CENTER LINE OF 11IM AVENUE SOUTHEAST AS SHOWN ON THE PLAT OF SAID EASTRIDGE MANOR; THENCE NORTHERLY ALONG SAID SOUTHERLY EXTENSION OF THE CENTER LINE OF 111TH AVENUE SOUTHEAST AS SHOWN ON THE PLAT OF SAID EASTRIDGE MANOR, TO THE INTERSECTION OF THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 7 IN SAID EASTRIDGE MANOR; THENCE EAST ALONG SAID WESTERLY EXTENSION OF LOT 7 AND THE SOUTH LINE OF SAID LOT 7 AND THE SOUTH LINE OF LOT 6 TO THE POINT OF BEGINNING; EXCEPT ANY PORTION LYING WITHIN 111TH AVENUE SOUTHEAST AS SHOWN IN SAID PLAT OF EASTRIDGE MANOR; TOGETHER WITH THE SOUTH 15 FEET OF LOT 6 OF SAID PLAT OF EASTRIDGE MANOR. (ALSO KNOWN AS LOT 8, KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER L941,0105, RECORDING UNDER RECORDING NUMBER 9412210721, IN KING COUNTY, WASHINGTON) No Protest Agreement