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Home My WebLink About20120309001474 LOCAL IMRPOV DIST NO PROTEST AGREEMENT 11/19/2011CAN - Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 03-2/- 20120309001474 F,IRST AMERICAN AG 68 00 KING COUNTY, 16 07 WA Above this line reserved for recording information. LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Project No. BLD11- 0149/GRA11 -0027 Reference # (if applicable): N/A Grantor /Borrower Darrin K and Rosalyn K Kay Grantee/Assignee/Beneficiary- City of Auburn ;GTURI=R RDIN;ON , Legal Description /STR: NW' /< 032105 'NO L'iAF7IIliYIrRVAUDIWAI9DIOR hrf7URPCYA8%7,TWC, n iIrf%ffANUMAN Assessor's Tax Parcel ID# 0321059169 I GTI} .E Inf37Y4r�• -'I; , THIS AGREEMENT made and entered into on the / 9T'day of /✓o ✓- 2011, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City ", and Darrin K and Rosalyn K Kay, 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 28851 140th Street SE 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 for the 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 Owners 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 (the "Improvements ") through participation in a future LID 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 adjacent to or benefiting the property The Owners retain the rights to object to the 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 140th Street SE, a rural residential street, including the construction of 3 feet of asphalt concrete pavement, 3 feet of gravel shoulder, and the relocation of the utility poles along the frontage of the property 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 pariti matters set forth herein and any prior or contemporanedua merged herein This contract shall not be modified except executed by the parties hereto ' s IN WITNESS WHEREOF, the parties hereto have executed date and year first above set forth. LID No Protest Agreement Page 3 of 6 iths ^respect to the nderstandings are W Id" -� ;wrift6b instrument -ag 261—n t'on the 16V 0 CITY OF AUBURN: 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 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 J Yn p , 2011 10 {ARy i : z: F, sow tPj9 ��1 5�4; /Iy�iFOF WP LID No Protest Agreement �Aj Notary vuouc in a Residing at — My appointment e Page 4 of 6 PROPERTY OWNER(S): GRANTOR iLE GRQI�4 R i TITLE STATE OF WASHINGTON) ) ss COUNTY OF i ntaf ) On this day personally appeared before me, 1-2\as A.l and to me known tom w and of or on behalf of the Propert 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 /theirfree 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 �_ day of Y'\(ooEm n E/Z , 2011 :u Z O OF q UBV _ HS /tlb File: #1207 Residing at �� ^ l�e U tm f V My appointment expires r r l ig l', LID No Protest Agreement Page 5 of 6 dal qy3 Kolb$/ ..� a • nt O fJt•f; , Nf;.,.+�'',��`�" tip` PROPERTY OWNER(S): GRANTOR TIT Lt STATE OF WASHINGTON) /� ) ss COUNTY OF i r nr n1ot ) On this day personally appeared before me, and 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) L GIVEN under my hand and official seal this .—�11 — day of NO MM, 1 �M M, 2011 Notary PU Ne of ublic in Und for the State of WVashington State of washinpon on KIUTLYN LEANN NAYMORE ujA My Appointment Expires Jeo 24, 2015 Residing at �1 tP 1 �� My appointment expires o I HS /tlb File: #1207 Protest Agreement Page 5 of 6 zilnu4 y ^,iv11 :MJIgID;lgq +lJ :. SIM, MAMA P,vJ ?IAA 15tMe.1 tnemNnoggk yAt EXHIBIT 'A' Lot 2 of King County Short Plat No 479107, recorded under recording no 7908140954, records of King County, Washington. Situate in City of Auburn, King County, Washington. LID No Protest Agreement Page 6 of 6