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20140179 Recorded Agree Waiver of Protest 12102014 Return Address City of Yelm Tami Merriman 105 Yelm Avenue West Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. Agreement Waiver of Protest and Special Power of Attorney Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) L Corporation of the Catholic Archbishop of Seattle 2. Feeman, Frank Grantee(s) (Last name, first name, middle initial) 1. City of Yelm 2. Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range) Section 19 Township 17 Range 2E Assessors Property Tax ParceVAccount Number: 22719331200, 22719330801, 22719330805 & 22719331100 4420219 Pages: 5 12l05l2014 10:57 RM MULTI Thurston County Washington CITY OF YELM �� 'K��1 �'��I��I�'� �� - ---------------------------------------------------------------------------------------------------------------------------------------------------------------------; 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 OWNcR ; 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�ORE, 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: 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 '-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------� ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- � 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 �d inistrato �-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------! ; STATE OF WASHINGTON ) ) ss. i COUNTY OF THURSTON ) � n ; On this �� Day of , 2014 before me personally appeared Shell rLBadqer, to i me known to be the City Administrator of the City 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. � � � ..�._,._....:. �.......�. .. � DANA SPIVEY � �`�' , NOTARY °UBL1�:� �►� �- S� � STATE OF WASHIN TON Notary Pub1ic nd for the tate of Washington, G residin at �� [l� ��J 1 , COMMISSION EXPIRES � g �a_� NOVEM6ER 1. 2415 ' My commission expires: � _ w.��.ti._ - . -..,.�._�,�,..,,�c,�-.i. ; STATE OF WASHINGTON ) ) ss. � COUNTY OF \� C ) iOn this�D�day of 1Vdvu�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 � !who executed the within and foregoing instrument and acknowledged that he signed the same as his i ;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. ',��IIIt11/I�� jQ ,��MNLY.�F�i��i :�� ,��BS�oN �i� Notary Public in nd for th State of Washington, = c� � residing at �I�Q' � � NOTARY = ^ ' / 20/ � PUBLIC •ro: My commission expires: JUI 3 �O �'! .• � • ,� �~''�O:«::a'�•��` I��I,�,WASN,,`��