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Home My WebLink About20130710001169 LOCAL IMPROVEMENT DIST NO PROTEST AGREE 05/20/2013El FAT AMOCANWa_ � Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 III 11111111111111111111 20130710001169 FIRST AMERICAN AG-RER 77 00 PAGE-001 OF 006 1)7/10/2013 13 33 Above this line reserved for recording information LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Project No. FAC08 -0008 SDR10 -0009 ;e # (if applicable): N/A Grantor /Borrower Rodger C & Stella G Scott Grantee /Assignee /Beneficiary• City of Auburn IUABIL RSFORVAJID IJABTL11y ITDR VAI.IDITYAI(D / � Legal Description /STR: S36 — T22N — R4E ASSUMED BY;75X D4G MV Assessor's Tax Parcel ID# 362204 -9021 TELWiRAWltCotspAmY THIS AGREEMENT made and entered into on the 2i day of 201X, by and 'between the City of Auburn, a municipal corporation of the State of ashington, hereinafter referred to as "City", and Rodger C & Stella G Scott, hereinafter referred to as "Property Owners ", RECITALS 1. The Property Owners are the owners of real property in the City of Auburn, County of ® King ❑ Pierce, State of Washington, located at 813 44th Street NW and described as shown on Exhibit 'A' attached hereto (the "Property "). 2. The Property Owners desire to make certain improvements or develop the Property, and, 3. In connection with the improvement or development of the Property, certain street - public works improvements would need to be made or otherwise provided for; and, 4. The Property Owners agree 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 5. As provided for by Titles 12 and 17 of the Auburn City Code, the City Engineer agrees that the Owner may provide forthe placement of street - public works improvements to serve the 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 The City agrees to allow the Property constructing, installing and providing for identified and set forth in paragraph 4 o through participation in a future LID Owners to provide for the making, the street - public works improvements this agreement (the "Improvements ") 2. OWNERS WILL NOT PROTEST FORMATION OF LID The Property Owners agree not to protest the formation of an LID for any or all of the Improvements, if an LID is initiated by the City or by property owners adjacentto or benefiting the property The Owners retain the rights to object to the Owners' individual assessment and to appeal the final assessment roil 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 (112) of 44`h Street NW, a non - residential collector, including under - grounding of utilities, landscaping, storm drainage, remaining curb & gutter, sidewalk, 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 Owners 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 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. No Protest Agreement Page 3 of 6 CITY OF AUBURN ,Pi►-vi City Engineer STATE OF WASHINGTON ) ss COUNTY OF ICING 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 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 S 1.. $��` � y�u�9w�6~� ',,pr OP WASK-�a Residing at t My appointment LID No Protest Agreement Page 4 of 6 day of ^ Q 201X PROPERTY OWNER(S): ,iZa /° 4 GRANT-OR Owner - Rodger C. Scott TITLE` (\ —,2) GRANTOR J� Owner - Stella G. Scott TITLE STATE OF WASHINGTON) ) ss COUNTY OF KING ) On this day personally appeared before me, Rodger C. Scott and Stella G. Scott to me known to be the owner and nwner 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). GIVEN under my hand and official seal this 20th day of May, 2013 HS /tlb File. #1207 No Protest Agreement Page 5 of 6 7YIa.- ..ct.•.+oY `1�k��C.� `\``��tttttl OCCAp ��''� Marcia M �P yoN x° Ttit Fs ' No tary Public naanhvfor the State of Washington ct -- =tPRy Z Q;o _ • 5 p Residing at Mole Valley. WA PuO� My appointment expires 1/9/2015 1y_= i�rllllglT� OF tt Pg: HS /tlb File. #1207 No Protest Agreement Page 5 of 6 EXHIBIT 'A' Parcel 2 of City of Auburn Lot Line Adjustment No LLA -03 -0009, as recorded under recording No. 20030805000224, Records of King County, Washington. Situate in City of Auburn, King County, Washington. LIO No Protest Agreement Page 6 of 6