HomeMy WebLinkAbout200605170024 - Chad Brown - Contract No ProtestII After recording return to:
City Clerk
City of Port Orchard
216 Prospect Street
Poft Orchard, WA 98366
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NO PROTEST AGREEMENT
AND COVENANT RUNNING WITH THE LAND
Legal Description:
Tax Parcel No.:
See Attached Exhibit "A"xrr^r .c\r 2,T\.- 2Ll*nt tr-
252401-4041-2001
This Agreement is made this ,# AaV offu4- zxl4between Points
West, lnc ("Owners"), and the City of Port Orchard, Washilgton ("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
"Properties").
B. The Owners are proposing to Shott Plat into 4 lots
C, As a condition precedent to Short Plat S-1129 the 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 Port Orchard has authorized the Mayor
io execute this Agreement.
' Now, therefore, in consideration of the mutual promises of the parties and
i other good and valuable consideration, the parties hereby agree as follows:
1. All of the recitals set forth above are adopted by the parties 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 coutl 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 court 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 pafty shall be entitled to his attorney's fees and reasonable
costs. Venue shall be in Kitsap County Superior Court.
lN WITNESS WHEREOF, the parties hereto have signed and sealed this
Agreement the day and year first above written.
CITY OF PORT ORCHARD:PROPERTY OWNERS:
By:t.-t/4
KIM E. ABEL, Mayor
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By:
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Attest:
Carol E efl'cr rk
STATE OF WASHINGTON
SS.
County of Kitsap
I cefiify th at I know or have satisfactory evidence that '/f)
the person who appea red before me, and said person acknowledged that he signed
this instrument and ackn owledged it to be his free and voluntary act for the uses and
p u mentioned in the instrument.
, ?nal<,2odz=
NOTARY PUBLIC
Print Name:
My appointment expires
STATE OF WASHINGTON
SS
County of Kitsap
I certify that I know or have satisfactory evidence that OhM Brotl>^ is
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.
DATED:Vlla-- s L.200
M
NOTARY PUBLIC
Print Name rrt.D
My appointment expires
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Exhibit A
r Statutory Warranty Deed recorded under Auditor's File Number 200503310323
The South 174 teet of the South 347 teel of the South half of the Northwest quarter of
the Southeast quafter Section 25 Township 24 North Range 1 East W.M., in Kitsap
County Washington, lying Westerly of Retsil Road East.
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