HomeMy WebLinkAbout20100106000317 LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT 122209s.
Return
m
City
5 Clerk
III I III I II III
I Ii l l 11 11 11 11 l l 11 11
2
West Main
Auburn, WA 98001
20100106000317
PACIFIC NW TIT AG 67.00
PAGE-001 OF 006
01/06/2010 10:47
KING COUNTY, WA
Above this line reserved for recording information.
LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT
Project No. SPL09-0003 / SDR09-0005
Reference # (if
Grantor/Borrower: 1) Kevin B. Wicklund
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SE Y4 05-21-05 6 )
Assessor's Tax Parcel ID#: 052105-9034
2) Pamela S. Wicklund
7t
THIS AGREEMENT made and entered into on the _ day of 12009,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City", and Kevin B. Wicklund, and Pamela S. Wicklund,
hereinafter referred to as "Property Owner(s)", A" ? < ie7v
s Py, rf r4 s.
WITNESSETH: ......,,..,>.;;e<yu.. ;.~aycsr a~xecuktalrr,~
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
10924 SE 304" St, 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 non-residential collector street (SE 304" St), 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.
LID 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 cP~ day of rA.P P- 2009.
A 40
Z
= q +01Aq` ;P
Vj 19 ,1= ~j
14 OF wAS(\\a`
Notary Public i d
Residing at
My appointment exp
a
LID No Protest Agreement Page 4 of 6
PROPERTY OWNER(S):
TNTO~
TITLE
vTOR
,~J ~t1 CI~'~/
TITLE
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
On this day persI.o,n~ally appeared before me, I?- am 'J) c kA V1 / and
K4-ynt-Dicklund to me known to be the C ers--
an& of or on behalf of the Property Owner(s),
and the iad+uidwal-er individuals described in and who executed the within foregoing
instrument, and acknowledged that 4a/they signed the same as hLR44 r/their free and
voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated
that he/she/they iafare authorized to execute the above agreement as or on behalf of the
Property Owner(s).
GIVEN under my hand and official seal this OR day of V3Q-C ~;r , 2009.
AUYow
MB/tlb/hb
Ref: H:\Development\Projects\Wicklund Short Plat\2009
LID No Protest Agreement Page 5 of 6
Residing at
My appointment expires- - l!
EXHIBIT A
LOT A, KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER LO 1L0029
RECORDED UNDER RECORDING NUMBER 20011227900007, SAID
BOUNDARY LINE ADJUSTMENT BEING A PORTION OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 21
NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON.
Agreement Page 6 of 6