Waiver of Protest 110408eturn Address
'ity of Yelm
ami Merriman
O Box 479
elm, WA 98597
', .:, ,.:
Document title(s) {or transactions contained therein}:
] . Agreement
Reference Number(s) of Documents assigned or released:
(on page of doc~.u~~ents(s))
Grantor{s) (Last name, first name, middle initial)
I . Del's Fa~~n1 Si,Ipply
2. Mic)zaelis, l~,ilada
Grantee(s) (Last na~nc, firsi name, middle initial)
l . City of Yelm
2.
Legal Description (abb~•eviated: i. c. lot, block, plat or section, tor~~nship, range}
Lat 7, Block 32, McKe:~na irrigated tracts, as reco~•ded is volume 9 of plats, page 43, Section
29, 'T'ownship 17N, Kange 2
Assessors Property Tax Parcel/Account Number:
64 303200'700. 04303200704
Page 1 cf 6
4044188 Rgreemeni
11/6412008 61,31 P~1
Thurston Cnunty Washington
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AGREEMENT
WAIVER OF PROTEST
AND SPECIAL POWER OF ATTORNEY
(LIDIULIDILATECOMER)
THIS INSTRUMENT is entered into this ~ day of 1'~~,' ~~{~~' , 20
by and between the CITY OF YELM, a municipal corporation, hereinafter referred
to as the
;,'
"CITY", and ~~~~`r~1c~E~-- ~ ~~C~'Y(~'li:J hereinafter referred to as the
"OWNER."
WITNESSETH:
WHEREAS, the OWNER holds record title to the following described
property located within Thurston County, Washington:
See Exhibit "A" attached
and WHEREAS, the CITY has required as a condition of approval of the
OWNER's site planlsubdivision 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 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 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 andlor
4044188 Page 2 of 6
Agreement
1170412008 O1 31 PM ,
GSTYsOFnY~LMniY Washington
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street projects on an equitable basis with other affected property owners:
Sanitary sewer system improvements;
Water system improvements;
X Storm water system improvements;
X Street improvements;
X Street lighting improvements;
X Sidewalk improvements;
which improvements are more specifically described as follows:
Frontage improvments to SR 507 and Bald Hill Road as required as part
of Site Plan Review Approval SPR-05-0673-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
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 ail 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 far the creation of such LID, ULID or
page 3 of 6
8044188 ggreement
11104f2na8 01:31 PM .
~I7XSOFnYELMntY Wash~n9ton
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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.
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
islare the sole owner(s) of the property
described herein and haslhave 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 35.43.1$2, and any LID or ULID thereunder,
the effective term of this Instrument shall be a period of ten years from the date
hereof. For purposes of RCW 35.72 and RCW 35.91, and any Latecomer
Ordinance and Agreement thereunder, the effective term of this Instrument shall
be a period of fifteen years from the date such an Ordinance and Agreement
becomes effective.
IN TNESS WHEREOF the parties hereto have caused this Instrument
to be ~cuted, ay and year first hereinabove written.
Cl
De~elopmeni Director
OWNER
c ~ - ~ c~~ i ~ r,~
4044188 Page 4 of 6
f1104l2008 01 3i PM Agreemenf
7h~rsion County Washington
CITY OF YELM
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STATE OF WASfiINGTON
- ) ss.
COUNTY OF I ~'~u4~~Z'Y'~ )
_ < ~> ~, ~,
ff 7 ~ ~,'r, c?~~_-'
On this I ! day of ~.*'C.'~"j;` ~_ lr , 20~, personally appeared before me ,v.i ~ ~,r ~ i; S
to me known to be the individual(s~~_and/or corporate officers described in and who
executed the within and foregoing instrument and acknowledged that ~ signed the same as
free and voluntary act and deed on behalfi of themselves or as corporate officers of the
named corporation with the full authority, for the uses and purposes herein mentioned.
~" ~
L _.-
Notary Public in and for the State
of Washingtcn, residing at
~~ ~ ~ ; c ~ C". c~
My commission expires: c` 7 ~ ~ ~~ ~~f
404418$ Page 5 of 6
11/8412008 0131 PM Agreement
Thurston County Washin5ton
CITY OF YELM
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EXHIBIT "A"
LOT 7, BLOCK 32, MCKENNA IRRIGATED TRACTS, AS RECORDED IN VOLUME 9
OF PLATS, PAGE 43. EXCEPTING THEREFROM: THAT PORTION OF SAID LOT 7
DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY NORTHWEST
CORNER OF SAID LOT 7; THENCE EAST ALONG THE NORTH LINE OF SAID LOT
7, 539 FEET TO THE NORTHEAST CORNER OF TRACT CONVEYED TO DONALD J.
YOUNG AND WIFE BY DEED RECORDED JUNE 18, 1973 UNDER AUDITOR'S FILE
NO. 892045; THENCE SOUTH ALONG THE EAST LINE OF SAID YOUNG TRACT 147
FEET TO THE SOUTHEAST CORNER THERE01=; THENCE WEST ALONG THE
SOUTH LINE OF SAID YOUNG TRACT, AND SAID SOUTH LINE EXTENDED WEST,
TO THE SOUTHWESTERLY LINE OF SAID LOT 7; THENCE NORTHERLY ALONG
THE SOUTHWESTERLY AND WESTERLY LINES OF SAID LOT 7 TO THE POINT OF
BEGINNING OF THIS EXCEPTION. ALSO EXCEPT: THE SOUTH 40 FEET OF THE
NORTH 187 FEET OF THAT PART OF SAID LOT 7 LYING WESTERLY OF A LINE
RUNNING SOUTH FROM A PO1NT OF THE NORTH LINE OF SAID LOT 7, 393 FEET
EAST OF ITS NORTHWEST CORNER. ALSO EXCEPT THAT PORTION CONVEYED
TO THE STATE OF WASHINGTON BY INSTRUMENT RECORDED UNDER
AUDITOR'S FILE NO. 8504150150.
ALSO;
A PORTION OF LOT 7, BLOCK 32, MCKENNA IRRIGATED TRACTS, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF THE PLATS, PAGE 43,
RECORDS OF SAID COUNTY. BEGINNING AT A POINT ON THE NORTH LINE OF
SAID LOT 7, WHICH IS 241 FEET EAST OF THE MOST NORTHERLY NORTHWEST
CORNER OF SAID LOT; THENCE CONTINUING EAST ON SAID NORTH LINE 149
FEET; THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE 147 FEET;
THENCE WEST 149 FEET; THENCE NORTH 147 FEET TO THE POINT OF
BEGINNING. ALSO, THE SOUTH 40 FEET OF THE NORTH 187 FEET OF THAT
PART OF LOT 7, BLOCK 32, MCKENNA IRRIGATED TRACTS AS RECORDED IN
VOLUME 9 OF PLATS, PAGE 43, LYING WESTERLY OF A LINE RUNNING SOUTH
FROM A POINT ON THE NORTH LINE OF SAID LOT 393 FEET OF ITS NORTHWEST
CORNER.
IN THURSTON COUNTY, WASHINGTON.
4044188 Page 6 of 6
1110k12008 01:31 Phi Agreement
Thurston County Washington
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