AgreementWaiverProtestAGREEMENT
WAIVER OF PROTEST
AND SPECIAL POWER OF ATTORNEY
(LID/U L I D/LATECOMER)
THIS INSTRUMENT is entered into this day of , 20_,
by and between the CITY OF YELM, a municipal corporation, hereinafter referred
to as the
"CITY", and
hereinafter referred to as the "OWNER."
WITNESSETH:
WHEREAS, the OWNER holds record title to the following described
property located within Thurston County, Washington:
Parcel Number 21724142200
24-17-1E & 19-17-2E BEG X NLY LN YELM AVE &WLY LN SOLBERG ST N38E ALG SD
WLY LN SOLBERG ST 125E TPOB; N52W 100F; N38E 125F; S52E 100E TO WLY LN
SOLBERG ST; S38W 125E TPOB
Parcel Number 21724142300
24-17-1E SE NE COM 50F NWLY FR SW COR B 3 SOLBERG 1ST ADD NW
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 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 and/or
street projects on an equitable basis with other affected property owners:
X Sanitary sewer system improvements;
X 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:
Per Land Use Approval, Project number SPR-07-0135-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 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 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
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 OWNER
By:
Community Development Director
STATE OF WASHINGTON )
ss.
COUNTY OF )
On this day of , 20 ,personally appeared before
me , 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.
Notary Public in and for the State
of Washington, residing at
My commission expires: