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07-0156 Rec Waiver of Protest 080108Return Address City of Yelm Nisha I2_ Box PO i3ox 479 Yelm, WA 9SS97 Document title(s) (or transactions contained therein): I . AgreemcL~t Waiver of Protest and Special Potiver of Attorney (LID/LJLID/LatecoL-ner) Reference Number(s) of Documents assigned or released: (on page of documents<s)) Grantor(s) (Last name, first name, middle initial) 1 _ Yeln-t Community 5clzools 2. Ft. StavcJns Elementary Addition Grantee(s) {Last Warne, first name, micYcilc initial) l _ City of Yeln3 2. Legal Description { abbret~iated: i_e_ lot, block, plat or section, township, range) That part of the NF L/> of the 5E '/4 of S 19 and the NW ~/4 of tl~e SW '/4 of S2fl, all in tow33sl~ip 3 7N, R 2F of the Wi1laLnettc Mcridian_ Assessors Property Tax Parcel/Account Number. 64303600300 4027065 Page 1 cf 6 4027066 Page 1 of 6 nslc33 izc~ns oe 2t RrE ragr~~rae.~t OSlO1f20Q8 OS 2i RM Polder Of sit tor-ney Thur s[[]t^^o In C[[oun1[[IIiylIWasl! E-eirig t[[onlI 1{[€[ ^^II I[^ 37 IIi^ 1 [] {1 CLTY O~ YELP7 Thur s Lon Count Y Was3-~i n5 Lan ~ ~~~~~~I EI i~f{~I €~I~ ~~1€EI ~II~ I~~~1~' ~I~~~~ €I II ~3i i€~€I I~i!! il~~~l~ ~~~ 1fil~ !I€II II~E il~~ ~~~~ ~~~~~~j ~~~ ~~~~~~ ~~~~ ~~~~~~ ~~~~ ~~~~~~~ ~~~~~~ ~~~~ ~~~~ ~~~~~ ~~~~~ ~~~~~~~ ~{~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ AGREEMENT WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (L1 ~!U LI ~ILATECOME R) THIS INSTRUMENT is entered into this IS'^ day of ~A~ 200, by and be#ween the CITY OF YELM, a municipal corporation, hereinafter referred to as the "C f TY" , and '/F-c ~ C~~-r~.s~e~ivr-~.s ~~/~c~.~~ s , ~~ zs7-~~ J hereinafter referred to as the "OWNER." WiTNESSETH: WHEREAS, the OWNER holds record title to the following described propercty located within Thurston County, Washington: and WHEREAS, the CITY has required as a condition of approval of the O!nlNER's site plan/subdi_~is€on for said property tYiat the O~-^-_~NER particEpata 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: 7. 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. 4027066 Page 2 of 6 ae~ai~2ooe oe zs AM F~oWer o+ Atto~nev Thurs [on County WasF~i ngt on CITY O~ YELi'E 1111111 III 111H1 IIII 111111 IIII 1111111 11181 IIII IIII IIIII IIIII 1111111 IH VIII VIII VIII IIII IIII 4@27@65 Rage 2 of 6 TQF~ur~sionOCouOnHtY IWaShingtoriQgreement ±ii~illl ~~- lrfllliri~ ~rllrl Il~f ~ur'rlr rllllf 1111 1111 rlflf Illfl 1111111 111 rilrr Ir~rr I~1u Ill ~1r1 -----------------------------------------------------------------y -P ------P---------------------------g ------y 2. The OWNER will financial] artici ate in the followin utili# and/or street projects on an equitable basis with other affected property awners: Sani#ary sower system improvements; Water system improvements; Storm water system improvements; X Street improvements; X Street lighting improvements; X Sidewafl< improvements; which improvements are more specifically described as follows: Per Land Use Approval, Project number SPR-Q7-O'156-YL 3. The OWNER hereby waives all rights to protest against future Local Improvement 1District (LIU), Utility Local [mprovement District (ULIU), or Latecomer Ordinance and Agreemen# 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 nigh#s to protest corntained within the LIU, ULIU or Latecomer Ordinance and Agreement statutes, except, however, nothing herein shall cons#itute a waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the right to object #o the OWNER's individual assessment amount or latecomer charge or to appeal to the Sisperior Court tI?e dPcisio;-~ of the Council affirming the final assess*~ent roll or latecomer ordinance and agreement, which righ#s are specifically preserved. 4. The OWNER hereby grants and conveys to the City Engineer of the Ci#y 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 execu#e a Petition on behalf of the OWNER for the creation of such LIU, UL1D or 4027065 Page 3 of 6 4027066 Page 3 of 6 T~;u{~sioi4l~cof 8tyj{wQi~~{~:~,gtlol~,R~~~~~~l~{L y! { { } { T!-zurs tOTl GOL][lty Wasi~i nSt on ae ~ c3 i r 2ooe cab : 2 3 ari no[.,e[- o r a r ~ o.- [zey ~ 1111111 ~~~ Illlll 1.11[ ~~~~~~ 1111 Ilillli ~~~~~~ 1111 ~~~~ ~~~~~ ~~~~~ llllili 111 ~~~~~ 1[ll[ ~~~~~ ~~~~ 111[ f ltlll!1111 Illiii 111E lilffl Ilff If11111 flllll 11111111 Iflll 111ff 11111!1 III 111111111E 1!!!111111111 ------------ ----- ------------------------------------ Latecomer Ordinance and Agreement. This special Power of Attorney is granted in consideration of the CITY executing this instrument, and shalE be a power coupled with an interest which may not be terminated. This Spacial 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 C[TY 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. S. The OWNER hereby declares that Yc---~.~-a ~~n„~z1,~r~~~~yc~,c._r is/~~the sole owner(s) of the property ~cdescribed hereiri 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 ULI~ thereunder, the effective term of this Instrument shall be a period of ten years from the date hereof- For purposes of RGW 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 CAF YELM 13 iL' r- C ~J City ._ dministrator~ OWNER 4027066 Page 4 of 6 C?E3 ! O 1 ! 20f]B OB - 21 RM Power Of R [ E nrney Tfi~ir Sion County 1.3asf'iingt on CITY OF YELE°f ~ Illllll III MINI IIII 111111 illl Illllll 111111 IIII IIII IIIII IINI Illllll III IIIII IIIII IIIII IIII IIII 4027065 F~age 4 of 6 oala~lzoos os zt are RsreemPnt Th~rs Yon County Was3-~ington CITY OF YELM l IINIII III 111111 1111111111 Ill1 ~111111 111111 IIII 1111 IIIf1 IIIII Illllll 111 IHII III111.1111 IIII 1111 5TA"f~E OF `YASIdINGTON ) ) s5 COUNTY OF THURSTON ) On this day personally appeared before me ~ j~}Rl ~a' r'-~:~: to me kno4vn to be the individual(s) described within and that executed the within and foregoing instrument and acknowledged the set instrument to be the free and voluntary act and deed of said individual for the uses and pt.trposed herein mentioned, and on oath stated that she/he is authorized to execute the said instrutr3ent_ GIVI=;N itr~der my hand and official seal this 1 aT day of V r ~ 2008. ~ ~~ ' c.a ~ ~ ~ p'~b. C~ Accepted by the City of Yelrn, the State of Washington Residing at l~ty commiss on expires - Washington N A M I/ _ Z--L L C~ ~~ ~ C~ TITLE: ~f~1~ I ~-' 1 ~1 I~f~"-~-~1F~_ STATE OF ~~ASI-IINGd~ON ) ss COUNTY OF TI~URSTON ) On this day persona.ll_}' <ppeared before me LE,~ ~jT7 j~~z~o :re I_r:o:~~r. tc be the L~`~~17YY1(l~~:~I~~~~ity of Yelm, a municipal corporation, ivho executed the within and foregoing instrument and aclcno~vledged the sot instrument to be the free and voluntary act and deed f said corporation for the uses and purposed herein trtentioned, and on oath stated that (h she is authorized to execute the said instrument. ``y`~~p\\\\\\\ 11711 ~ f `~ F iC~~r ~~If~~ ~l eaq~er t hand and official seal this day of= l-f,~' 2008. p!- ~'~ rte' y-'~~'~_~ K., - - ,- ''~ s'• i, '~' -L~'= IsIotat-y Public n ~-fear th Stat of Washington 7 ~ -L] ~r ~~'~+,~T,c ~.,~- t~IDq~'=` Residing at % '~! ttily commission exptres 4@27066 Page 5 of 6 !J £3.0~l20P8 08 2* AM Poa-.er Of i][tor ney T YILrs[On Go VrxtY WaS1'~ir~g ton CITY OF YELM ~nihl 1l~ Illlll Ills IIfIII Iul I~1~111 InIN Ini IIII IIII! [il!! ~IIIIII ~!~ 11111 IIU1 Illll IiN 1nl k~ this ~, day of ' ~ 2408. 4027068 Page 5 of 6 08 /OY !2008 08 21 RM Agreement TYaVrs[On CoVnty bla SF~ing[on G I TY OF YELf'I IIIUII fll NIIII 1111 NIIII Nil Illllll lINli IIII 1111 IIII! !IIII IIII!!! IN !IIII 1111111111 Ills IIII PARCEL NUMBER ATTACHMENT "A" 64303600300 WAIVER OF PRO'T'ES`T' LEGAL DESCRIPTION IN TI-IE COUNTY OF `I'I-IURSTUN STATI OF WASHINGTON LOTS 3, 4, AND 5 IN BLOCK 36 OF MCKENNA IRRIGATED 'T'RAC'T'S AS RECORDED IN VOLUME 9 OF PLATS, PAGE 43; EXCEPTING TI-IEREFROM THA'I' PAR'T' OF SAID LOT 3 LYING SOUTF-IERLY AVID SOUTHEASTERLY OF A LINE DESCRIBED AS BEGINNING AT A POINT ON TI~~E EAS"I' I..INE OF SAID LOT' 3, 365. I I FEET NORTH OF ITS SOUTHEAST CORi~IER AND I2UNNII~~G TI-II/NCF WEST 520.78 FLE`I' AND SOUTIT 36" 20' WEST 409.7 FEET TO A POIN`T' ON TIIE WESTERLY L1NH OF SAID LOT, NORTH 39" 05' 44" WES`T' 421.67 FEET FROM ITS SCIUTT--TWEST CORNER; fq,ND EXCTT'T THAT PORTION OF' SAID LO"I'S 3 AND 4 DESCRIBED AS FOLLOWS: TI-TAT PORTION OF LOTS 3 AND 4 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, ACCORDING TO TT-IE PLAT TI~IEREOF AS RECORDED IN VOLUME 9 OI= PLATS, PAGE 44, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGIT~ENITIG AT "I'I3F? SOUTHEAST CORNER OF SAID LOT 3, `THENCE NORTI-I 0" 14' 34" WEST ALONG `T'HE EASTERLY LINE OF SA1D LOT 3 A DISTANCE OF 365.1 1 FEET; TI-IENCE SOUTI-I S9" 45' 26" WEST 230.00 FEET TO TITS TRUE POINT OF BEGINNING; TI-IENCE CONTINUING SOLI"I'I-I 89" 45' 2b" WEST 29(3.78 FEF_T; THENCE SOUTH 53" 25' 26" WEST" 30-$$ FEET TO THE WESTERLY LINE OF SECTION 20, TOWNSI-TIP I7 NOI2`I~H, T2ANGE 2 LAST, W.M.; TIIENGI/ NORTT~ 0" 02' 18" EAST ALONG THI WESTERNLY LINE OF SAID SC~CTION 20 A DIS"I'ANCE OF 348.fl2 FEET; TI-IENCF_ SOUTI-I SO" 32' 16" EAST 54.74 FEET; TLITjNCE SOU`T'Ii 39" 17' 32" EAST 4k2.68 FEET' MORE OR LESS TO TI~3E TRUE POINT OF BEGINNING. EXCEI'TTONS: A. EASEMENT FOR ELECTRIC TRANSMISSION LIME AND RELA"I'ED RIGI--ITS AS GRANTED TO PUG ET SOUND POWER AND LIGI-I`I COMPANY I3Y INSTRUMENT RECORDED JANT~ARY 6, 19bb UNDER AUDI`T'OR'S FILE NO. 73Ib04_ AFFECTS WEST 50 FEET OF PORTION OF 3, 4, AND 5 LYING EAST OF 'T'HE WEST LINE OF SECTION 2fl AND ALSO "I'HE NORTI-I 50 Fl3ET OF TI-IE WEST 100 FEET OI= THAT PART OF LOT 5 LYING EAST OF THE WES'T' LINE OF SECTION 2fl. B. EASEMEN"I' FOR INGRESS, EGRESS AND THE INSTALLATION, MAINTENANCE AND OPERATION OF UTILITIES OVER, ACROSS AND UNDER TI-IE SOUTI-I 15 PEE"I' OF TI-TAT PORTION OF SAID PREMISES LYING EASTERLY OF TRACT CONVEYED TO TI-IE TOWN OF YELM, AS SET FORTI-I IN DEED RECORDED UNDER AUDITOR'S FILI3 NO. 82 1 1 1 60033_ 4027066 Page 6 of 6 c~o~~=, o+ s~tto~-«Py 4027065 Pages 6 of 6 as r O t 1 Laos as z~ Qr~ . 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