20140179 Agreement Waiver of Protest 11262014 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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 the Corporation of the Catholic Archbishop of Seattle,
; hereinafter referred to as the "OWNER."
WITNESSETH:
WHEREAS, the OWNER holds record title to the following described
; property located within Thurston County, Washington:
62A SW-SW COM X CEN LN 1 ST ST & CEN LN YELM AVE S 49-
54W 1216.29F TO BEG; S52-26E 280.66F; N37-34E 98.4F; N52-
26W 265.66F; S49-54W 100.887F POB EX R/W (ALSO SEE
22719330801 & 22719330805 together with;
SW-SW BAP ON NWLY LN 2ND AVE IN MC KENZIES 2ND ADD
LY S37-34W 300F FR THE MOST SWLY COR BLK 3 MC
KENZIES 2ND ADD; N37-34W 203F TO POB; S 37-34W TO S LN
SEC; W TO E LN MILL RD; N ALG E LN MILL, and
Quarter SW SW S 100 FT OF 22719330801. (ALSO SEE
22719330801 & 22719331200 FOR OTHER EXEMPT PTNS.) and
SW-SW COM EXT NW LY LN 2ND AVE IN MC KENZIE 2ND S
37-34-W, Section 19 Township 17 Range 2E
and WHEREAS, the CITY has required as a condition of approval of the
; OWNER's site plan review approval permit 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, THERE��RE, 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.
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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:
Street improvements as specifically described in the City of
Yelm Site Plan Review Approval Number 20140179
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
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! for hearing thereon, or may pursue other equitable or legal remedies.
6. The OWNER hereby declares that they are the sole owner(s) of the ;
; property described herein and 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 OW ER
gy: � ,���
City Administrator
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; STATE OF WASHINGTON )
) ss.
i COUNTY OF THURSTON )
! On this Day of , 2014 before me personally appeared Shell rLBadqer, to
' me known to be the City Administrator of the Citv of Yelm that executed the within and foregoing
� instrument, and acknowledged said instrument to be the fee and voluntary act and deed of said
; corporation, for the use and purposes therein mentioned, and on oath stated that she is authorized ;
� to execute said instrument.
Notary Public in and for the State of Washington,
residing at
My commission expires:
; STATE OF WASHINGTON )
) ss.
� COUNTY OF )
!On this��day of �eru�h�r , 2014, personally appeared before me Frank Feeman, to me
iknown to be the Chief Financial Officer for the Corqoration of the Catholic Archbishop of Seattle and i
;who executed the within and foregoing instrument and acknowledged that he signed the same as his ;
;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.
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: ����BS�oN �= Notary Public in �.n•d for th State of Washington,
= c, .j residing at K.frIQ' ��
• NOTARY =
' �ul 3� 20/�
� PUBLIC ••:O: My commission expires:
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