The URL can be used to link to this page

Home My WebLink About20141124000992 LOCAL IMPROVEMENT DIST NO PROTEST AGREE 10/27/14Mgt AMERICAN Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 -4 /sue 1111111 Sw ;3 -i2 -S" �L1� 40 00992 Above this line reserved for recording information. LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Project No. SDR14 -0013 / ADD14 -0030 Grantor /Borrower: Adam Ulrich 8, Brenda Ulrich Grantee /Assignee /Beneficiary: City of Auburn Legal Description /STR: Section 33 — Township 22 N — Range 05 E Assessor's Tax Parcel ID #. 332205 -9043 THIS AGREEMENT made and entered into on the 617-day of r) b- orcr2014, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City ", and Adam Ulrich & Brenda Ulrich, hereinafter referred to as " Property Owner", WITNESSETH: COUFi y8Yanco%nmrON wo LT'maiTyx'on 1!siar,., . A,%m / V h rz st,VzACYASSU1NM av orb rAMERId' WHEREAS, the Property Owner is /are the Owner of real property in the City of Auburn, County of ® King ❑ Pierce, State of Washington, located at 11821 SE 282nd Street and described as shown on Exhibit "A ", attached hereto. WHEREAS, the Property Owner desires to make certain improvements or develop the above - referenced property; and, WHEREAS, in connection with the improvement or development of such property, certain street tree - public works improvements would need to be made or otherwise provided for; and, WHEREAS, the Property Owner agrees 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 7 WHEREAS, the Asst. Director of Engineering /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, the City agrees to allow the Property Owner 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 WILL NOT PROTEST FORMATION OF LID The Property Owner agrees 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 retains the right to object to the Owner's 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: Half- street improvements along the south side of SE 282nd St. consistent with the City of Auburn Design Standards for a local residential, which include a 14' paved lane, curb, gutter, sidewalk, landscaping, street lighting, and undergrounding of overhead utilities. Note that the half- street width of pavement above is the minimum required. Additional paving and right -of -way dedication may be necessary to accommodate the roadway improvements depending on the surveyed location of the existing centerline of SE 282nd St. All improvements shall be constructed in conformance with the City's design and construction standards in place at the time of design and construction. LID No Protest Agreement Page 2 of 7 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 ". 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 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 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. LID No Protest Agreement Page 3 of 7 CITY OF AUBURN DATED this 27r' day of OC,406e/ , 2014. Ing STATE OF WASHINGTON COUNTY OF KING )ss: ineering /City Engineer I certify that I know or have satisfactory evidence that Ingrid Gaub is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Assistant Director of Engineering /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. Dated / O /off 11 Y p \UNIIIIII ? 0 W1� gzi 3 ' 4 +'ue ?,cgs O IS- LID No Protest Agreement Page 4 of 7 residing residing at t- 'tQ-�,ee My appointment expires PROPERTY OWNER: OWNER TITLE r� a, v • STATE OF WASHINGTON ) ss COUNTY OF KING ) (� LC On this day personally appeared before me, 10 r-end01 C LV- 'and to me known to be the Property Owners, and the individuals described in and who executed the within foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the above agreement'as the Property Owners. Dated OC+Dbev' HEATHER D. MINNITI NOTARY PUBLIC STATE OF WASHINGTON LID No Protest Agreement Page 5 of 7 Notary Public in and for the State of Washington Residing at -F A My appointment expires L1 102,f 3f3I l PROPERTY OWNER: A� - u Ire- OWNER 'Fr-o per Ty D w r, C TITLE STATE OF WASHINGTON ) ss COUNTY OF KING ) a f On this day personally appeared before me, / 1C[Q- n LkU-lcl\-- and to me known to be the Property Owners, and the individuals described in and who executed the within foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that they are authorized .'to execute the above agreement as the Property Owners. Dated L T L D. MINNITI -f ��V D PUBLIC Notary Public in and for the State of Washington i ASHINGTON aNExPlrtES Residing at ER 9 2018 My appointment expires_1 I j 0 q LID No Protest Agreement Page 6 of 7 EXHIBIT "A" LEGAL DESCRIPTION Parcel 41: 332205 9043 Site Address: 11821 SE 282 01 Street, Auburn, WA98092 Northwest quarter of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 33, Township 22 North, Range 5 East, W.M., Range 5 East, in King County, Washington; EXCEPT the North 30 feet thereof, and EXCEPT the West 90 feet thereof LID No Protest Agreement Page 7 of 7