Agreement Waiver of Protest 001urn Address
~ of Yelm
ai Merriman
Box 479
m, WA 98597
Document title(s) (or transactions contained therein):
1. Agreement
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle inifia~
1. Yelm Community Schools
Grantee(s) (Last name, first name, middle inifial)
1. City of Yelm
2.
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
The north half of the southeast quarter of the northeast quarter of Section 25, Township 17
North, Range 1 East, W.M. EXCEPT the east 20 feet for county road.
Assessors Property Tax Parcel/Account Number:
21725L40100
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AGREEMENT
WAIVER OF PROTEST
AND SPECIAL POWER OF ATTORNEY
(LIDIU LI DILATECOMER)
.n
THIS INSTRUMENT is entered into this ~ day of 1- 'n~' , 20C_7, by and
between the CITY OF YELM, a municipal corporation, hereinafter referred to as the
"CITY", and Yelm Community Schools,
hereinafter referred to as the "OWNER."
WITNESSETH,
WHEREAS, the OWNER holds record title to the following described property
located within Thurston County, Washington:
SITE ADDRESS: 909 Mill Road SE; Millpond Elementary
Full Legal Description:
The north half of the southeast quarter of the northeast quarter of Section 25,
Township 17 North, Range 1 East. W. M. EXCEPT the east 20 feet for county road.
Subject to easement for electric transmission and distribution line etc. together with
necessary appurtenances granted by instrument recorded September 9, 1947, under
File No. 425104 to Puget Sound Power and Light Company a Massachusetts
corporation. (Exact location not shown of record)
and WHEREAS, the CITY has required as a condition of approval of the
OWNER's site plan/subdivision for said property that the OWNER participate in the
construction of certain utilities andlor street improvements as they directly relate to said
property and the OWNER desires that said requirement be delayed until projects are
formulated for the joint participation of other affected owners.
NOW, THEREFORE. IT IS HEREBY AGREED BETWEEN THE PARTIES as
follows:
The CfTY will delay its requirement for the immediate participation by the
CITY OF YELM
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OWNER in the construction of certain utilities and/or street improvements, subject to
the conditions set forth hereinafter.
2. The OWNER will financially participate in the following utility and/or street
projects on an equitable basis with other affected property owners:
Sanitary sewer system improvements;
water system improvements;
Storm water system improvements:
X Street improvements,
X Street lighting improvements;
X Sidewalk improvements;
which improvements are more specifically described as follows:
As listed in land use approval SPR-04-0180-YL'/z street Mill Road
improvements.
3. The OWNER hereby waives all rights to protest against future Local
Improvement District (LID), Utility Local Improvement District (ULID), or Latecomer
Ordinance and Agreement proceedings for the construction of said improvements
described in Section 2 herein. For purposes of this Instrument. "rights of protest" shall
mean only those formal rights to protest contained within the LID, ULID or Latecomer
Ordinance and Agreement statutes, except, however, nothing herein shall constitute a
waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the
right to object to the OWNER's individual assessment amount or latecomer charge or to
appeal to the Superior Court the decision of the Council affirming the final assessment
roll or latecomer ordinance and agreement, which rights are specifically preserved.
4. The OWNER hereby grants and conveys to the City Engineer of the City
of Yelm, or his successor in interest or designee, a Special Power of Attorney to
exercise any and all rights of the OWNER, including any purchasers, mortgage holders,
lien holders or other person who may claim an interest in the property described
hereinabove, to accomplish the following: At such time as a Local Improvement District,
Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed
that would cause said improvements to be made available to the OWNER's property
described hereinabove, to execute a Petition on behalf of the OWNER for the creation
of such LID, ULID or Latecomer Ordinance and Agreement. This special Power of
Attorney is granted in consideration of the CITY executing this Instrument, and shall be
CITY OP YE~M
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a power coupled with an interest which may not be terminated. This Special Power of
Attorney shall not be affected by the disability of the OWNER.
5. If the OWNER fails to perform in good faith in accordance with this
Instrument, it is agreed that the CITY may discontinue utility service to the property
described herein, after giving 20 days notice thereof and an opportunity for hearing
thereon, or may pursue other equitable or legal remedies.
6. The OWNER hereby declares that Alan Burke -Superintendent, has full
power to commit said property to this Agreement, Waiver of Protest and Special Power
of Attorney.
7. This Instrument constitutes a covenant running with the land and shall be
finding on all heirs, assigns, transferees, and successors in interest.
8. For purposes of RCW 35.43.182, and any LID or ULID thereunder, the
effective term of this Instrument shall be a period of ten years from the date hereof. For
purposes of RCW 35.72 and RCW 35.91, and any Latecomer Ordinance and
Agreement thereunder, the effective tenr of this Instrument shall be a period of fifteen
years from the date such an Ordinance and Agreement becomes effective-
IN WITNESS WHEREOF the parties hereto have caused this Instrument to be
executed the day and year first hereinabove written.
CITY OF YELM
~ r
Bv. ~ ' l L .~ ~Yi~lc ^~',-~
ity Ad'dninistratpr
OWNf~t ~ ~~
Alan Burke `
Superintendent
STATE OF WASHINGTON
COUNTY OF Tf{L(I°~"1-OAI ) ss.
On this ~'ay of d7YP,4tn ~, 2p~, personally appeared before me ~/~}/U ~/A~K~-
to me known to be the individual(s) and/or corporate officers described in and who executed the within
and foregoing instrument and acknowledged that .signed the same as ~~ free and voluntary act
and deed on behalf of themselves or as corporate officers of the named corporation with the full authoriTy,
for the uses and purposes herein mentioned
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