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
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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
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/'/,it `WASN\
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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