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Yelm RV Boat&Mini Storage ProjectIPM.Note Yelm RV Boat&Mini Storage Project Nisha Box Yelm RV Boat&Mini Storage Project Nisha Box 'hgrubb@barghausen.com' Yelm RV Boat&Mini Storage Project 00000002SERVER1/o=CITYOFYELM/ou=first administrative group/cn=Recipients/cn=nisharMicrosoft Exchange Server 00000002SERVER1/o=CITYOFYELM/ou=first administrative group/cn=Recipients/cn=nisharMicrosoft Exchange Server Hal, Per our phone conversation this morning, I have attached the Right of Way dedication deed and the Waiver of Protest for you to complete and return to me. Please contact me if you have any additional questions. Thanks! Nisha Rohila Box Assistant Planner City of Yelm nishab@ci.yelm.wa.us <mailto:nishab@ci.yelm.wa.us> Nisha Box 11.0 Microsoft Exchange Server 00000002SERVER1/o=CITYOFYELM/ou=first administrative group/cn=Recipients/cn=nishar Right of way deed Right of way deed 'hgrubb@barghausen.com' SMTP hgrubb@barghausen.com hgrubb@barghausen.com Right of way deed.pdf After recording return to: City of Yelm Nisha Box PO Box 479 Yelm, WA 98597 RIGHT-OF-WAY DEDICATION DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned GRANTOR, , grants and conveys to the CITY OF YELM, a municipal corporation of the State of Washington, for use of the public forever for public street right-of-way purposes, all interest in the following described property situated in the City of Yelm, Thurston County, Washington, TO WIT: Parcel Section 19 Township 17 Range 2E N2-S2-SE-NW LESS RDS City of Yelm BLA No. BLA-05-0513-YL as recorded under Auditor’s File No. 3935810, Records of Thurston County, Washington. APN: 22719240300 Right-of-Way See Attached Exhibit “A” Legal desc of right of way dedicated TOGETHER WITH the right to make and maintain slopes for cuts or fills upon the property adjacent to the specifically described, in order that the street or streets may be graded to the proposed grade level in a reasonable and proper manner. IN WITNESS WHEREOF, this instrument has been executed this _____ day of _____________, 2008. ___________________________________________ ________ STATE OF WASHINGTON ) ) ss COUNTY OF THURSTON ) On this day personally appeared before me to me known 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 purposed herein mentioned, and on oath stated that she/he is authorized to execute the said instrument. GIVEN under my hand and official seal this ____ day of _________, 2008. _______________________________________ Notary Public in and for the State of Washington Residing at ______________________________ My commission expires ____________________ Accepted by the City of Yelm, Washington this ____ day of _____________, 2008. BY:__________________________ NAME:_______________________ TITLE:_______________________ STATE OF WASHINGTON ) ) ss COUNTY OF THURSTON ) On this day personally appeared before me _____________________ to me known to be the ________________ of City of Yelm, a municipal corporation, corporation, who executed the within and foregoing instrument and acknowledged the set instrument to be the free and voluntary act and deed of said corporation for the uses and purposed herein mentioned, and on oath stated that (he/she) is authorized to execute the said instrument. GIVEN under my hand and official seal this ____ day of _________, 2008. _______________________________________ Notary Public in and for the State of Washington Residing at ______________________________ My commission expires ____________________ .pdf RIGHTO~1.PDF Right of way deed.pdf AgreementWaiverProtest.pdf AGREEMENT WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (LID/ULID/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: Section 19 Township 17 Range 2E N2-S2-SE-NW LESS RDS City of Yelm BLA No. BLA-05-0513-YL as recorded under Auditor’s File No. 3935810, Records of Thurston County, Washington. APN: 22719240300 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 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: 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 described in the Site Plan Review Approval for project number SPR-07-0276-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: City Administrator 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: .pdf AGREEM~1.PDF AgreementWaiverProtest.pdf image001.gif .gif image001.gif image001.gif image/gif image001.gif@01C8ED76.D5C572F0