HomeMy WebLinkAbout20151026001442 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 09/01/2015 o2 - LI -
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FIRST n! RICAN V)/STAY< v3oc
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Return Address:
City of Auburn
City Clerk
25 West Main III 111111 liii
Auburn, WA 98001 111111111
III 1111111 if
20151026001442
FIRST AMERICAN AG 79.00
PAGE-001 OF 007
10/26/2015 16:20
KING COUNTY, WA
Above this line reserved for recording information.
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
Project No. SDR15-0003
Reference # (if applicable): N/A
Grantor/Borrower: Leslie Brown & Begum Brown
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NE Section 2 —Township 21 N — Range 05 E
Assessor's Tax Parcel ID#: 221480-0070
THIS AGREEMENT made and entered into on the L day of -544c-silk 2015,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City", and Leslie Brown & Begum Brown, hereinafter
referred to as "Property Owners",
WITNESSETH:
WHEREAS, the Property Owners are the owners of real property in the
City of Auburn, County of ® King ❑ Pierce, State of Washington, located at
6113 S 295th Ct. and described as shown on Exhibit "A," attached hereto.
WHEREAS, the Property Owners desire 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 Owners desire to defer those street-public works
improvements to a later time, and have requested agreement by the City for such
deferral; and,
Agreement for Deferral of Improvements docurnqats were f e5t
Page 1 of 7 WW1 es an ac commociation at.
It has not been exemine4 ea dt
BToper execution or as to its of rn'
aeon htfo.
WHEREAS, the Asst. Director of Engineering/City Engineer of the City of
Auburn has approved the request to delay the placement of street-public works
improvements to serve the herein legally described property;
NOW THEREFORE, based upon good and valuable consideration, the
sufficiency of which is hereby acknowledged, IT IS AGREED as follows:
1. DELAY OF IMPROVEMENTS
In connection with this agreement, and in connection with the development
and/or improvement to the land of the Property Owners, the City agrees to allow
the Property Owners to delay the making, constructing, installing and providing
for the street-public works improvements identified and set forth in paragraph 4 of
this agreement.
2. CONSTRUCTION OF IMPROVEMENTS
The Property Owners hereby agree and covenant that they shall construct or
cause to be constructed the deferred improvements described below at
his/her/their expense upon determination by the City of Auburn that the
improvements have become necessary. In the event the City determines to
construct the improvements as part of a public works project the property owner,
or owners, shall make payment to the City of Auburn of the pro-rata share of the
cost of the project. Such costs shall include but are not limited to engineering,
permitting, construction, inspection and other project related expenses, which
benefit the property of the Property Owners, described on Exhibit "A" attached
hereto and incorporated herein by this reference. In the event that said property
is subdivided or sold in the future, the Property Owners agree to include as a
condition of sale and/or a restrictive covenant the condition that the obligations to
make, construct, install or provide for the street-public works improvements
identified and set forth in paragraph 4, below, shall apply to the subdivisions and
future sales of portions of the property identified on Exhibit "A". The condition of
sale and/or restrictive covenant shall also provide that the aforesaid pro-rata fair
share of each portion of the property shall be divided amongst the subdivided lots
3. NOTICE AND TIME OF CONSTRUCTION
The obligation of the Property Owners to make, construct, install and provide for
the street-public works improvements described and set forth in paragraph 4,
below, shall arise upon not less than thirty (30) days prior written notice to the
Property Owners by the City. The time by which the Property Owners shall
make, construct, install or provide for said improvements shall be not later than
twelve (12) months after the written notice by the City.
It is provided, however, that the improvements shall be completed not later than
ten years from the date this agreement is executed.
Agreement for Deferral of Improvements
Page 2 of 7
4. DESCRIPTION OF IMPROVEMENTS
The improvements to be included in connection with this agreement shall be as
follows:
Half-street improvements along the south edge of the cul-de-sac S 295th Ct.
consistent with the City of Auburn Design Standards for a local residential street,
which include 75-ft paved diameter, concrete curb & gutter, 5-ft sidewalk, street
trees, storm drainage, and undergrounding of utilities.
Note that the width of pavement widening 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 and cul-de-sac center of S 295th Ct.
All improvements shall be constructed in conformance with the City's design and
construction standards in place at the time of design and construction.
5. NONEXCLUSIVE REMEDIES
In addition to any and all other remedies available to the City, at law or in equity,
if the Property Owners fail to make, construct, install or provide for the
improvements, or otherwise arrange for the construction and installation of such
improvements, then the City shall be entitled and authorized to make, construct,
install or provide for such improvements and bill the Property Owners for the
costs incurred in connection therewith, and/or file a lien on the property of the
Property Owners for the amount of the City's full costs and expenses therefore,
and enforce the lien in accordance with legal process. Any such billing by the
City to the Property Owners shall be paid by the Property Owners within sixty
(60) days of the billing, unless other arrangements are made in advance.
6. 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".
7. 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.
8. 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 attorney's fees.
SDR15-0003 Agreement for Deferral of Improvements
Page 3 of 7
9. LOCAL IMPROVEMENT DISTRICT
The Property Owner also agrees not to protest the formation of a Local
Improvement District for any or all of the street improvements listed above, if
initiated by the City or by property owners adjacent to or benefiting the property.
10. RECORDING
An executed copy of this agreement shall be recorded among the land records of
the King ❑Pierce County Auditor or Recorder.
11. 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.
12. 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.
SDR15-0003 Agreement for Deferral of Improvements
Page 4 of 7
CITY OF AUBURN
DATED this 15'T e day of ,�a,plGn.blr , 2015.
I
Ingrid , # t. i ctor of
e'.—. • ngineering/City Engineer
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
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.
GIVEN under my hand and official seal this 1 day of L .1 Lw&, 2015.
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SDR15-0003 Agreement for Deferral of Improvements
Page 5 of 7
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PROPERTY OWNER(S):
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OWNER
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TITLE
OWNER rL
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TITLE
STATE OF WASHINGTON)
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COUNTY OF KING
On this day personally appeared before me, \.(c5\.',e_ VA' C) "\ ,
and (-2.0))r-0. ti. u,r —�u'�, to me known to be the Property Owners,
and the individuals describ i 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.
GIVEN under my hand and official seal this \°{`' day of A�.r ,.�� , 2015.
410 39nNits
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I* 'PU9l.le�'a- Notary Public in and for the State of Washington
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Residing at 3\b\\ `Zo c C •e H .\5
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Ref: H:\Development\Projects\Brown & Brown SFR\SDR15-0003\Legal Documents\2015
SDR15-0003 Agreement for Deferral of Improvements
Page 6 of 7
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 7 of Eastview Vista as recorded in Volume 108 of Plats at Pages 51 through 53
under recording no. 20131007001580, records of King County, WA.
SDR15-0003 Agreement for Deferral of Improvements
Page 7 of 7