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Home My WebLink About20150122000108 LOCAL IMPROV DIST NO PROTEST AGREEMENT 12/22/2009S� os- ZI-O5 cry 12- LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Project No. SPL09 -0003 / SDR09 -0005 Reference # (if applicable): Grantor /Borrower: 1) Kevin B. Wicklund 2) Pamela S. Wicklund Grantee /Assignee /Beneficiary: City of Auburn Legal Description /STR: SE Y/ 05 -21 -05 14-110 Assessor's Tax Parcel ID #: 052105 -9034 THIS AGREEMENT made and entered into on the �- day of ar 2009, 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)", Sato dxume.alt) were Fred for rvca-d by Pacific Ncxthwust Ti*3 au z xrnrnodation ordy. h has not bean WITNESSETH: aza"ned as to proper execul n.,re P as to As effect ut7ott Wa r-- WHEREAS, the Property Owner(s) is /are the owner(s) of real property in the City of Auburn, County of ® King E] Pierce, State of Washington, located at 10924 SE 304th 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, r /� LID No Protest Agreement Page 1 6�2 � � 6IIII�II�IIIII��I��II��II�IIII�II Return Address: AMERICAN AG .00 FIRST AMERICAN AG 77.00 City of Auburn PAGE -001 OF 006 City Clerk WA KING2COUNTY, 25 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. S� os- ZI-O5 cry 12- LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Project No. SPL09 -0003 / SDR09 -0005 Reference # (if applicable): Grantor /Borrower: 1) Kevin B. Wicklund 2) Pamela S. Wicklund Grantee /Assignee /Beneficiary: City of Auburn Legal Description /STR: SE Y/ 05 -21 -05 14-110 Assessor's Tax Parcel ID #: 052105 -9034 THIS AGREEMENT made and entered into on the �- day of ar 2009, 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)", Sato dxume.alt) were Fred for rvca-d by Pacific Ncxthwust Ti*3 au z xrnrnodation ordy. h has not bean WITNESSETH: aza"ned as to proper execul n.,re P as to As effect ut7ott Wa r-- WHEREAS, the Property Owner(s) is /are the owner(s) of real property in the City of Auburn, County of ® King E] Pierce, State of Washington, located at 10924 SE 304th 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, r /� LID No Protest Agreement Page 1 6�2 WHEREAS, the Assistant Director 6f-the-Public Works Department / City Engineer of the City.ofAubum'agrees thafthe Owner rmay provide for the placement of street - public work -s 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`h 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 A 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. 11. - ... 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 m ypATp4 ..� ti b_ r 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 1 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 o day of nobs 2 2009. {per,, � NJ '4 7que�`1� � LID No Protest Agreement Page 4 of 6 Residing at -' My appointment exp FAW30 ., PROPERTY OWNER(S): ANTO TITLE GRANTOR, v-\-A TITLE STATE OF WASHINGTON) ) ss COUNTY OF KING ) On this day personally appeared before me, team Qic.(Clurnd and Kt.v„ntJ;ckj AA y%d to me known to be the r'S, armt of or on behalf of the Property Owner(s), and the ipAi- �al-er individuals described in and who executed the within foregoing instrument, and acknowledged that ha4sk4/they signed the same as hi-lk /their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that helshe /they isfare authorized to execute the above agreement as or on behalf of the Property Owner(s). GIVEN under my hand and official seal this aR day of 2009. l� :, t q� AUaoc0 Residing at 'F --LA+ My appointment expires_ MB /tlb /hb Ref: H :\Development \Projects \Wicklund Short Plat\2009 LID No Protest Agreement Page 5 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. I, Ji ?_ LID No Protest Agreement Page 6 of 6