Agreement, Waiver, POA Recorded 6-14-05 001CITY OF YELM
DEFERRED DOCUMENT RECORDING COVER SHEET
DATE: June 7 2005 1;' -'-~
Name: Tami Merriman
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Signature: ~%!~//..G,f~iyj//T--
"PLEASE LIMIT BATCHES TO 20 DOCUMENTS"
(Inclutle a separate cover sheet for each batch)
Department: Community Development
Phone: (360)458-8496
BATCH OF
TYPE OF DOCUMENT # OF PAGES FEE
1. Agreement q $ ~ ~ti
2. fkgreerrteht ` ~ ! ~ ~-- 4 $ I G]. ~;
3. ~ ~~ C~ $ ) C ~1
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5. ~~ 5 ~ 1
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7. $
8. $
9. $
10. S
11. $
12. S
13. S
i4. 1 5
15. 5
16. 5
17. 5
18. S
19. $
20. ~
TOTAL: ~
(FOR AUDITOR'S USE ONLY) RECORDING' $ SURCHARGE#1: $ SURCHARGE #2: $
urn Address
+ of Yelm
ai Merriman
Box 479
m, WA 98597
Document title(s) (or transactions contained therein):
1. Agreement Waiver of Protest and Special Power of Attomey(LID/ULID/Latecomer)
2.
3.
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1. Yelm Community School District No. 002
2.
Grantee(s) (Last name, first name, middle initial)
1. The City of Yelm
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
25-17-1 E PT NE 4 NKA TR B BLA-8144 I
Assessor's1 Property Tax ParceVAccount Number:
21725140/0
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CITY OF VELI1 pGR $22.00 TM1Ursten Co. Wa. CITV OF VELn pISt $19.00 Thurston Co. Wa.
AGREEMENT
WAIVER OF PROTEST
AND SPECIAL POWER OF ATTORNEY
(LID/U LID/LATECOMER)
THIS INSTRUMENT is entered into this ~ day of /~r9 V , 20 OSby and
between the CITY OF YELM, a municipal corporation, hereinafter referred to as the
"CITY," and Yelm Community Schools District No 002 ,
hereinafter referred to as the "OWNER."
WITNESSETH:
WHEREAS, the OWNER holds record title to the following described property
located within Thurston County, Washington:
25-17-1E PT NE4 NKA TR B BLA-8144 24071527
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10605 SE Mill Rd., Yelm, WA ° g
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and WHEREAS, the CITY has required as a condition of approval of the ° m
OWNER s site plan/subdivision for said property that the OWNER participate in the
construction of certain utilities and/or street improvements as they directly relate to said
property and the OWNER desires that said requirement be delayed until projects are ~ g
formulated for the joint participation of other affected owners.
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as
follows:
1. The CITY will delay its requirement for the immediate participation by the _ w
OWNER in the construction of certain utilities and/or street improvements, subject to
the conditions set forth hereinafter. = °
CITY OF YELM ~
C1D000menLS and SeltingsVOrraines.DO-SUPSECPDesk]ppWgreemenlWaiverProlestl Apc Pagel
III VIII VIII Iill IIII III IIIIIIIIIIIIII IIII Ofi l~~0~5005 02400 II IIII I III II IIII II I II II O6/914~~50~5 020pP
CITY OF VELA RGR $22.00 TM1Ufsl On Co. Va. CITY OF YELM MIGC $19.00 TM1Urslon Co. Wa.
2. The OWNER will financially participate in the following utility andlor street
projects on an equitable basis with other affected property owners:
Sanitary sewer system improvements;
Water system improvements;
Storm water system improvements;
/ Street improvements; ~~; t~ „'~
_ Street lighting improvements;
_ Sidewalk improvements;
Connection to reclaimed water ,
which improvements are more specifically described as follows:
Defer street improvements as described in condition number 4 of
Site Plan Approval SPR-04-0180-YL.
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 OW NERD s heirs, assigns or successors in interest, of the o ;
right to object to the OW NERD s individual assessment amount or latecomer charge or
to appeal to the Superior Court the decision of the Council affirming the final ~ N
assessment roll or latecomer ordinance and agreement, which rights are specifically ~
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4. The OWNER hereby grants and conveys to the City Engineer of the City = m
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, a
~ 8
Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed
that would cause said improvements to be made available to the OW NERD 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
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.
CITY OF VELM ~
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II II II I III II II II II II II Ofi /9, 4ers oos 0200P II II II I III II I I II II II II 06916a/Y005 0200P
CITY OF YELM pGR $22.00 Thurston Ge. Wa. fiTV of vFtn nTSC 419.00 Thurston Ce. Wa.
5. If the OW NER 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 Yelm Communitv Schools
is/are the sole owner(s) of the property described herein and has/have 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 term 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 OWNEF~
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City Administrator
Superintendent. Yelm Communitv Schools < 0 8
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STATE OF WASHINGTON ) o
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COUNTV OF I r rV.y~DYI ) m
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On this day of 20 7~, personally appeared before me ~) }~ N ~Ll'e1Ct m
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to me known to be the individual(s) a /Gr corporate offcers described in and who executed the within
and foregoing instrument and acknowledged that signed the same as tS 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. a
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CITY OF YELM
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II II II I I II II II II II I I II 06 ~19~5005 02900P II II II I III II IIII II II II O6 ~1 ae/5005 02900E
CITY DF VELn RGR $22.00 TM1Urslon Co. Wa. CITV OF YELn nI$C $19.08 TM1Urslen Ca. Wa.
urn Address
~ of Yelm
ni Merriman
Box 479
m, WA 98597
Document title(s) (or transactions contained therein):
1. Agreement Waiver of Protest and Special Power of Attomey(LID/ULID/Latecomer)
2.
3.
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1. Yelm Community School District No. 002
~,
Grantee(s) (Last name, first name, middle inifial)
1. The City of Yelm
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
ZS-17-1 E PT NE 4 NKA TR B BLA-8144
Assessor's Property Tax ParceUAccount Number:
21725140100
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CITY OF YELn RGR $22.00 Thurston Ca. Wa. LITY OF VELn nIGL $19.00 Thurston La. Wa.
AGREEMENT
WAIVER OF PROTEST
AND SPECIAL POWER OF ATTORNEY
(LID/U LI D/LATECOMER)
THIS INSTRUMENT is entered into this ~ day of /rl~_, 200, by and
between the CITY OF YELM, a municipal corporation, hereinafter referred to as the
°CITY,^ and Yelm Community Schools District No 002 ,
hereinafter referred to as the "OWNER."
WITNESSETH:
WHEREAS, the OWNER holds record title to the following described property
located within Thurston County, Washington:
25-17-1E PT NE4 NKA TR B BlJ1-8144 2407/527
o~
10605 SE Mill Rd., Yelm
WA o
,
enoi;
N o N
m"
C` A
r]no~
and WHEREAS, the CITY has required as a condition of approval of the ~ m
OWNER s site plan/subdivision for said property that the OWNER participate in the
construction of certain utilities and/or street improvements as they directly relate to said
property and the OWNER desires that said requirement be delayed until projects are = a
formulated for the joint participation of other affected owners. ~ a
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as
follows:
1. The CITY will delay its requirement for the immediate participation by the ~ w
OWNER in the construction of certain utilities and/or street improvements, subject to p 4
the conditions set forth hereinafter.
~~
CITY OF YELM _
C]DOwments an05ettingsVOrzaines.DO-SUPSECTDesklopWBreemeniWaiverProles¢GOC Pagei
II II II I I I II II I I II III I I II Ofil~t95005 03400P II II II I III II II II III III O6 /99r P0o5 03 OoF
CITY OF YELn 0GR $22.00 Tbursten Co. Pa. CITY OF YELn 11ISC $19.00 TM1Urston Co. Va.
2. The OW NER will Tinancially 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;
_ Street improvements;
Street lighting improvements;
_ Sidewalk improvements; ~ 11 ~,
/ Connection to reclaimed water t,)~J~ w
which improvements are more specifically described as follows:
As described in SPR-04-0180-YL Condition Number 16.
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 OW NERr 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 grams 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 OW NERD 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
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.
CITY OF YELM
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CITY OF YEL11 RGR $22.00 Tpurslon Co. Oa. CITY OF YELI1 0ISC E79.00 Thurston Co. Va.
5. If the OW NER 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 Yelm Communitv Schools
is/are the sole owner(s) of the property described herein and has/have 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 term 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 OFYELM OWNER
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City Administrator,
Superintendent, Yelm Communitv Schools
STATE OF WASHINGTON ) 3
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COUNTY OF ) ~ e o u
On this day of ~~
, 20~ personally appeared before me ~~-~~N ~L1eK~ n m ~ i
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to me known to be the individual(s) andlor corporate officers described in antl who executed the within n u
and foregoing instrument and acknowledged that ~, signetl the same as I`S free and voluntary act ~ m
and deetl 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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CITY OF YELn RGR 522.00 Thurston Co. Wa. CITY OF YELf1 nISC $19.00 Thurston Co. Wa.