HomeMy WebLinkAbout200605170025 - Don Van Dusen - Contract No Protest AgreementAfter recording return to
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Legal Description
Tax Parcel No.:
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NO PROTEST AGREEMENT
AND COVENANT RUNNING WITH THE LAND
See attached Exhibit "A" Nw .$E 25 " 2Ll - al F
252401-4-003-2007
This Agreement is made ,n t # day of VV t
Dusen, EaglJHomes-("Owners";, and the City of Port Orfi
2006_ between Don Van
ard, 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
"Properties").
B. The Owners are proposing to short plat into 4 lots
C. As a condition precedent to approval of Short Plat No.1128 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, and that
the waiver shall be a covenant running with the land binding on all subsequent
owners.
D. The City Council of the City of Port Orchard has authorized the Mayor
to execute this Agreement.
1
Now, therefore, in consideration of the mutual promises of the parties and
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 court the
decision of the city council affirming the final assessment roll.
-?. This Agreement shall be recorded with the Kitsap County Auditcr and
shall constitute a covenant running witl-l 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 party 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 CWNERS
By H* ,. ,41,4
KIM E. ABEL, Mayor
By:
By
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200605 170025
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Attest:
Carol Etgen, City Clerk
STATE OF WASHINGTON
County of Kitsap
I certify that I know or have satisfactory evidence that IS
the person who appeared before me, and said person acknowledged tha e signed
this instrument and acknowledged it to be his free and voluntary act for the uses and
purposes mentioned in the instrument.
DAT 20oQ
o PUB
Print Name
My appointment expires
STATE OF WASHINGTON
SS
County of Kitsap
I certify that I know or have satisfactory evidence tnat kwn F , fl beL IS
the person who appeared before me, and said person acknowledged that she signed
this instrunrent and acknowledged it to be her free and volurntary act for the uses and
purposes mentioned in the instrument.
DATED Kl4 /,200fl2
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SS
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NOTARY B IPrint Name
My appointment expires
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Exhibit A
That portion of the North half of the Northwest Quarter of the Southeast Quarter, Section
25, Township 24 North, Range I East, W.M., in Kitsap County, Washington, lying
westerly of Retsil Road East;
EXCEPT the South 174 feet thereof.
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