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Home My WebLink About20151026001443 LOCAL IMPROVEMENT DIST NO PROTEST AGREE 09/01/2015 NE & 2 -21 -OL% nrne.r.r. . ,rt ._w wet 3/ o35(00 Return Address: "l City of Auburn City Clerk 25 Main Auburn,tWA98001 IlIllIllIll 1111111 II III I II IIII II 20151026001443 FIRST AMERICAN AG 78.00 PAGE-001 OF 006 10/26/2015 16:20 KING COUNTY, WA Above this line reserved for recording information. LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Project No. SDR15-0003 Reference# Of 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 j_day of drP+f-.nbt\ , 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 Owner", 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 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, So:d documents were feegt e9 record as an accommodation ony. k has not bean ernvi rM ne SDR15-0003 LID No Protest Agreement proper execution or as to its+'!erg Page 1 of 6 con title. 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 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. SDR15-0003 LID No Protest Agreement Page 2 of 6 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 attorney's 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. SDR15-0003 LID No Protest Agreement Page 3 of 6 CITY OF AUBURN DATED this I day of SI , 2015. I I Ingrid y,Asst. Dir- or •f Engineering/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. Dated 9/ i/is ----- . )-- 6 4,6 .Q (AA-, � 63.944;H �, BAD° 0��4 Notary ublic nd for theWashington e *etas _,L ��/ residing at i : f, to ouri+-.t i `�oa+r '� My appointment expires tt 19 11 ' s ~ • ' gzs \' h\1ISI r SDR15-0003 LID No Protest Agreement Page 4 of 6 im..PROPS OWNER: OWNER • Pres TITLE z til,M - gVOCADYN. OWNEKU �feS CE- 1 ae ✓1>\— TITLE STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day personally appeared before me, \-e.S\'e, 0- @cccov\_ , and '2 - ►c ye. - Qnotab--, , to me known to be the Property Owners, and the individuals dearibed 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 CI, = -Lin --2 o ■z, . ?R...its ' :, ISOT'Aif A wan 262018 : Notary Pubic in and for the State of Washington ,yam P JBLIC..,1/ Residing at'c P c e \ ' -' -\�� %,,��F•...• •N��r`' My appointment expires , �� , • WASH,.• JAK/tIb/mm Ref: H:\Development\Projects\Brown & BrownSFR\SDR15-0003\Legal Documents\2015 SDR15-0003 LID No Protest Agreement Page 5 of 6 • 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 LID No Protest Agreement Page6of6 • •