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Home My WebLink About200702260003 - Gary & Jennifer Fetterplace - Contract No Protest AgreementAfter recording return to: City Clerk City of Poft Orchard 216 Prospect Street Poft Orchard, WA 98366 ftT$t?fFHft?";l'J sr 2ao7s226soo3 ilfilnuftliiliiiriiilniilulittfiliririrnirrurtttulilllilli Pase: 1'r 5 NO PROTEST AGREEMENT AND COVENANT RUNNING WITH THE LAND rtw 4 o( 'tA{ See Attached Exhibit "A")^Swk, Sec2, T}J23N, RLE, w.M.Legal Description Tax Parcel No.:022301-3-022-2004 \.y This Agreement is made this ratrrday of June 200 6 between Gary and Jennifer Fetterplace ("Owners"), and the City of Port Orchard, Washington ("City"). RECITALS A. The Owners warrant that they are the owners of the real property listed above and legally described on the attached Exhibit "A" (referred to herein as the "Propefties"). B. The Owners are proposing to Shotl Plat into 4 lots C. As a condition precedent to Short Plat S-1 127 lhe City requires that the Owners agree to waive their right to protest any formation of a Local lmprovement District or Utility Local lmprovement District (collectively referred to herein as a "LlD") for the purpose of constructing frontage improvements consisting of curb, gutter, sidewalk, pavement widening, planter strip and street lights, and that the waiver shall be a covenant running with the land binding on all subsequent owners. 1 D. The City Council of the City of Poft Orchard has authorized the Mayor to execute this Agreement. Now, therefore, in consideration of the mutual promises of the pafties and other good and valuable consideration, the parties hereby agree as follows: 1. All of the recitals set forlh above are adopted by the pafiies as material elements of this Agreement. 2. Owners hereby waive their right under RCW 35.43.180 to protest formation of an LID for the purpose of financing frontage improvements. Owners shall retain their right to object to their individual assessment (including the determination of special benefits allocable to the property), or to appeal to the superior court the decision of the city council affirming the final assessment roll. 3. This Agreement shall be recorded with the Kitsap County Auditor and shall constitute a covenant running with the land legally described in Exhibit "A" and shall be binding on the parties and their respective heirs, executors, successors, grantees, and assignees. 4. The parties' obligations hereunder shall terminate ten years from the date first set forth above. 5. lf any couft or tribunal declares any provision of this Agreement to be invalid, the remaining provisions of this Agreement shall not be affected thereby. 6. ln the event of any dispute arising from the terms and conditions of this Agreement, the prevailing party shall be entitled to his attorney's fees and reasonable costs. Venue shall be in Kitsap County Superior Cout1. lN WITNESS WHEREOF, the parties hereto have signed and sealed this Agreement the day and year first above written. CITY OF PORT ORCHARD:PROPERTY b)n .h*(tBy By: KIM E. ABEL, Mayor By:9oq -2- PCIRT ORCHARD CITY OF 2Ag7q226OO@3 Agreement Rec Fee: $ 68.00 A2 I 26 l2AA7 08 : 25 Al'l Page . 2 o f 5Karen Flynn, Kitsap Co Arrditor Illlllll ilt llllil illt lllllt illl lillllt ilil fft il] ilil lilt illit ililt llil fit Attest: Michelle }4er1ino, Interjm City Clerk srATE OF WASHTNGTON )) ss. County of Kitsap ) I certify that I know or have satisfactory evidence that Gary S. Fetterplacb the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. DATED: June l-3, ,200--s. NOTARY PUBLIC Print Nam€l Kri st i no r, - Tnmpkins My appointment expires:9-2-0 I STATE OF WASHINGTON SS. County of Kitsap I certify that I know or have satisfactory evidence that Jenn'fer 1,. petterplbe the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. .;,i-:: i: ,DRfgO ,lune I I .200 6. NOTARY PUBLI Print Name: Kristine L. Tompkins My appointment exp ires: 9-2-09 -3- PORT ORCHRRD CITY OF Agreement Rec Fee, $ 68.00 A2 t 26 l2@O t' 08 : 25 fll'l 2@@1q226s,AA3 Pase: 3 of 5 Kanen Flynn, Kitsap Co Auditor r ililil ilr lillil illl llllll lilr lllllll lilllr llil illr il1il lilll lllll lllll llll llll Exhibit A THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS SOUTH 89*1'42'' WEST 289.59 FEET AND SOUTH 18*1'WEST 452.75 FEET FROM THE NORTHEAST CORNER OF THE WEST THREE QUARTERS OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, SAID TOWNSHIP AND RANGE; THENCE SOUTH 18*1' WEST 265.11 FEET; THENCE NORTH 89*1'42" EAST 493.97 FEET; THENCE NORTH 0*38'53" EAST 290.79 FEET; THENCE SOUTH 89*1'42" WEST 414.83 FEET TO THE POINT OF BEGINNING; EXCEPT COUNTY ROAD; AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS SOUTH 89*01'42'' WEST 289.59 FEET AND SOUTH 18*1' WEST 452.75 FEET FROM THE NORTHEAST CORNER OF THE WEST THREE QUARTERS OF THE SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, SAID POINT BEING DESIGNATED AS POINT ''A''; THENCE NORTH 89*1'42'' EAST 235.25 FEET; THENCE SOUTH 0*38'53" WEST 115.79 FEET; THENCE SOUTH 89*01'42" WEST 272 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 18*01'WEST FROM DESIGNATED POINT IIAII AND THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE SOUTH 18*1'WEST 143.11 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 18*1'WEST 265.11 FEET FROM DESIGNATED POINT ''A''; THENCE NORTH 89*1'42" EAST 493.97 FEET; THENCE NORTH 0*38'53'' EAST TO A POINT WHICH IS NORTH 89*1'42'' EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 89*1'42" WEST TO THE TRUE POINT OF BEGINNING; EXCEPT COUNTY ROAD; SITUATE IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON PORT ORCHRRD CITY OF 20@10226?0?3 Acreement Rec Fee $ 68.0O 61'rVE"i*idt'6d, 26-ntr- -- -- Page' 4 or 5 far.n ftt.". Ki tsal: Co ffrrdr tor i riin.i il trIl lilt lrillt ll lllln llllll llll llll lllll lill lllll lllll llll ill -4- Exhibit B Declaration of Jennifer Fetterplace The undersigned makes the following Declaration under penalty of perjury as permitted by RCW 9A.72.085: I am the owner of real property legally identified in Exhibit A, tax parcel No, 022301-3-022-2A04. That property is listed under my maiden name by the Kitsap County Assessorffreasurer as "Jennifer L. Clevenger." I have legally changed my name to Jennifer Fetterplace upon my marriage to Gary Fetterplace. I understand that this document will be attached to the No-Protest Agreement which has been entered into with the City of Port Orchard as a condition precedent to Short Plat S-1127. This document shall be incorporated by reference therein for the purpose of clarifying my legal rights to enter into that agreement. I declare under penalty of perjury under the laws of the State of Washington that .the foregoing is true and correct. DATED this La day of Nni ,2006 , at Port Orchard, Washington <. Jennifer rplace PORT ORCHRRD CITY OFAgreement Rec Fee $ €j8.00 @2 t26 t 2007 0B : 25 ArYl-Karen Flyrrn, Kitsap Co eudit I llilril lil tilti il lilI til iltilt [i!l ill lil 24070226?,A03 Page 5 cf li fitiirtlillrrllr ln tllr