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Home My WebLink About20200716000789 LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT GRA19-0038 Instnment Number:2020071 6 000789 Document:AG Rec:5108.50 Page-1 of 6 N V 1VI% I4 Record Date:7/16/2028 9:22 AM Electronically Recorded King County,WA ( .) Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 Above this line reserved for recording information. j.00AL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Project No. GRAI9-0038 Reference#(if applicable): N/A Grantor/Borrower. VICTOR A POLISHCHUK Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: Section 11 NW—Township 21 N—Range 04 E Assessor's Tax Parcel ID#: 030200-0120 THIS AGREEMENT made and entered into on the 1/ day ofioa , 2020, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as"City",and VICTOR A POLISHCHUK.hereinafter referred to as "Property Owner", WITNESSETH: 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 the 30851 52nd Ave S 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-public works improvements would need to be made or otherwise provided for; and, P-OORDING REQUESTED BY ,i.-.,,T AMERtCAN TITLE COMPANY AS AN ACCO MODATION ONLY GRA19-0038 Polishchuk SFR LID No Protest Agreement Page 1 of 6 ENG-205,Revised 4/20 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, WHEREAS, the Asst. Director 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 M PI SE consistent with the City of Auburn Design Standards for a local residential street, which includes installation of a 5-foot sidewalk, 5.5-foot landscape strip, curb and gutter, street lights, and a 14-foot travel lane from the centerline of the existing roadway. per City of Auburn Standards. 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. GRA19-0038 Polishchuk SFR LID No Protest Agreement Page 2 of 6 ENG-205, Revised 4/20 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 UPierce 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. GRA19-0038 Polishchuk SFR LID No Protest Agreement Page 3 of 6 ENG-205, Revised 4/20 EXHIBIT A LEGAL DESCRIPTION LOT 2, BLOCK 3, AUBURN HEIGHTS, DIVISION NO. 1 , ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 49 OF PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. CITY OF AUBURN GRA19-0038 Polishchuk SFR LID No Protest Agreement Page 4 of 6 ENG-205, Revised 4/20 DATED this day of iortif , 2020. GC0 //:./".4.1' Asst. Dir ctor of gineeg / City Engineer STATE OF WASHINGTON ) ss COUNTY OF KING I certify that I know or have satisfactory evidence that Jacob Sweeting 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 Asst. 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 myhand and official seal this 1 ` �� day of dJ�AN-k-J , 2020. \\,-\ YY\ 5YW M SNF�'4i, . -�� 10N��, 'L I, ,,,�2,, Notary Publi n a'n� for e State of Washington i Q �+�o R, Residing atY lel Uti 182954, My appointment expires Ga` 0 LU'L�%� *'i, Av91C Z -09-2-A. F ° , SOP wASN\``,,; GRA19-0038 Polishchuk SFR LID No Protest Agreement Page 5 of 6 ENG-205, Revised 4/20 . 1 PROPERTY OW ' R: ' v :ct.,„_ AA O NER Ou) v\ ' ''- TITLE STATE OF WASHINGTON ) COUNTY OFXigir.g._ ) ss I certify that I know or have satisfactory evidence that 1)1J-0(• Po 1�skch►b12 is the person who appeared before me, and said individual acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. GIVEN under my hand and official seal this 11 day of .\u-ne, 2020. �,�� Y 'K KIN iiiii, �i av� +% dik .•••.•••G .,� / �\5c, 1011111111111111111111. ��N fXA„9�N; Notary Public in and for the S afpofi,,W fhj t n I. R c o NOTA 11 ,,.�� N,Iehrs e,* 4.w N;.•. PUBLIC • :moo Residing at c�,( 6w� -4 >;� :.' p ,y=_, i' .. o9. 0 My appointmen pires D4/!q/D.4> (' > � GRA19-0038 Polishchuk SFR LID No Protest Agreement Page 6 of 6 ENG-205, Revised 4/20