Ordinance 781 ExExhibit I - Ordinance No. 781
City of Yelm
Local Improvement District No. 1
Agreement with Respect to Certain Assessments
1. The City of Yelm confirmed the final assessment roll for Local Improvement District No. 1 “LID NO. 1” by Ordinance No. 674 on September 29, 1999.
2. Richard W. Boness and Steve Nelson, hereinafter referenced as the “Original Owner”, represents and warrants that they are the sole, lawful owner of the following-described property
located in Thurston County, Washington, hereinafter referred to as the “Original Assessment Parcel”:
Lots 1, 2, 3, 4 and 5 of Survey recorded December 6, 1999 under Auditor’s File No. 3268612, being a portion of Northwest Quarter of the Southwest Quarter of Section 29, Township 17 North,
Range 2 East, W.M.; Situate in the County of Thurston, State of Washington.
At present, there is no principal amount ($0.00) remaining with respect to this Original Assessment Parcel. Attached hereto as Exhibit A is a copy of a title report confirming ownership
of the Original Assessment Parcel in the Original Owner as of April 1, 2003.
3. The undersigned, on behalf of the City Clerk-Treasurer, hereby confirms that the current assessment roll for LID No. 1 identifies the Original Owner as the owner of the Original Assessment
Parcel as of April 1, 2003.
4. The Original Owner and Hollamer Investments LLC and MWSH Yelm LLC, hereinafter referred to as the “New Owners”, hereby agree that a portion of that assessment referenced hereinabove
shall be transferred and relevied on the New Owners in the manner described in Exhibit B.
5. Attached hereto as Exhibit C is a copy of a commitment for title insurance showing ownership of the New Owner’s Parcel in the New Owner. Attached hereto as Exhibit D is written evidence
of the authority of Lawrence E. Tokarski to sign as manager, for and on behalf of MWSH Yelm LLC and written evidence of the authority of Mike Edwards to sign as manager, for and on behalf
of Hollamer Investments LLC.
6. The Community Development Director has reviewed this Agreement and its Exhibits, and confirms that the parcels as described therein are not land-locked nor do they contain any wetlands
situated and states that he has reviewed the appraisal information provided by the New Owners.
7. The City Clerk-Treasurer has reviewed this Agreement and its Exhibits, including specifically the new allocation of the subject assessments, and confirms that the values of the parcels
encumbered are at least equal to the unpaid principal balances of the assessments so allocated.
The Original Owner and the New Owners hereby agree that immediately upon adoption of an Ordinance by the City Council of Yelm approving this Agreement, the assessments for LID No. 1
shall be as shown on Exhibit B. Said parties hereby warrant that all previously billed assessment installments levied upon the Original Assessment Parcel have been satisfied and the
account is paid current, including principal, interest and penalties. This Agreement shall be effective and binding upon each of the said parties upon their respective signing of this
Agreement.
/ /
ORIGINAL OWNER:
Richard W. Boness Date
Steve Nelson Date
NEW OWNERS:
Lawrence E. Tokarski Date
MWSH Yelm LLC
Mike Edwards Date
Hollamer Investments LLC
CITY CLERK-TREASURER:
Agnes P. Bennick, City Clerk Date
CITY ADMINISTRATOR:
Shelly A. Badger, City Administrator Date
STATE OF WASHINGTON )
) ss.
COUNTY OF ____________________ )
On this ________, day of ______________________, 2003, before me personally appeared Richard W. Boness, that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said person/company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
_______________________________,
Notary Public in and for the State of Washington, residing at ________________ My commission expires _______________ .
STATE OF WASHINGTON )
) ss.
COUNTY OF ____________________ )
On this ________, day of ______________________, 2003, before me personally appeared Steve Nelson, that executed the within and foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said person/company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
_______________________________,
Notary Public in and for the State of Washington, residing at ________________ My commission expires _______________ .
STATE OF WASHINGTON )
) ss.
COUNTY OF ____________________ )
On this ________, day of ______________________, 2003, before me personally appeared Mike Edwards, that executed the within and foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said person/company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
_______________________________,
Notary Public in and for the State of Washington, residing at ________________ My commission expires _______________ .
STATE OF OREGON )
) ss.
COUNTY OF ____________________ )
On this ________, day of ______________________, 2003, before me personally appeared Lawrence E. Tokarski, that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said person/company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
_______________________________,
Notary Public in and for the State of Oregon, residing at ________________ My commission expires _______________ .
EXHIBIT A
Title Report Relative to the Original Owner’s Original Assessment Parcel.
EXHIBIT B
Legal Description of Properties subject to assessment and the Dollar Amount of Assessments Allocable Thereto.
1. The Original Assessment Parcel owned by the Original Owner, being identified at the time of the LID Assessment as tax parcel numbers 22729320200 and 22729320400 and now identified
as tax parcel numbers 227293020202, 227293020203, 227293020204, and 227293020205 shall retain no Equivalent Residential Units (“ERUs”) and shall remain liable for and subject to no principal
amount ($0.00).
2. Eight (8) ERUs and the remaining principle balance of zero dollars ($0.00) of the base assessment shall be transferred and relevied against following described New Owner’s real property
(tax parcel number 21724120404) hereinafter referenced as the “New Owner’s Parcel”:
Parcel B of Boundary Line Adjustment No BLA-008257 YL, as recorded October 10, 2000, under recording No. 3317913, records of Thurston County Auditor; Situate in the City of Yelm, County
of Thurston, State of Washington.
3. Attached hereto as “Exhibit B - Attachment One” is evidence that the New Owner’s Parcel has a market value of not less than the zero dollar ($0.00) assessment principle balance being
transferred thereto under this Agreement.
EXHIBIT B- ATTACHMENT ONE
Evidence of Appraisal of Value of the New Owners Parcel.
EXHIBIT C
Title Report Relative to the New Owners Parcel.
EXHIBIT D
Evidence of Authority of Lawrence E. Tokarski to sign on behalf of MWSH Yelm LLC and evidence of authority of Mike Edwards to sign on behalf of Hollamer Investments LLC.