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After recording return to
City Clerk
City of Port Orchard
216 Prospect Street
Poft Orchard, WA 98366
NO PROTEST AGREEMENT
AND COVENANT RUNNING WITH THE LAND
Legal Description: SW7+, S35, T24N, R1E
Full Legal: Exhibit "A"
Tax Parcel No.: 4038-003-005-0205
This Agreement is made this 25th day of September 2006 between David J, and
Patricia L. Lystad ("Owners"), and the City of Port Orchard, Washington ("City"),
RECITALS
A. The Owners warrant that they are the owners of the real propefty 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 2 lots
C. As a condition precedent to approval of Short Plat No. 1 134, 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.
Now, therefore, in consideration of the mutual promises of the parties and
other good and valuable consideration, the parties hereby agree as follows:
1. AII 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.
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 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 OWNERS
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Attest
Michelle Merlino, Inter:mj-n City Clerk
STATE OF WASHTNGTON )) ss.
County of Kitsap )
I ceftify that I know or have satisfactory evidence tha
the person who appeared before me, and said person ack nowledged that he ned
this instrument and acknowledged it to be his free and voluntary act for the uses and
purposes mentioned in ent.
DATED 200b.
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Print Name
My appoi ent expires:
STATE OF WASHINGTON
SS.
County of Kitsap
I certify that I know or have satisfactory evidence that firh,, e, fubzl 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.
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DATED S 2oola
NOTARY PUBLICii;i N;'n;,--fri t oJnzlle_ ffizrl tna
-slnknt\Iy appointment expires:
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SUBDIVISION GUARANTEE
EXHIBIT ''A''
Guarantee No : 7203078-1830
LEGAL DESCRIPTION
THE WEST 90 FEET OF THE EAST 120 FEET OF LOT 5. BLOCK 3, HAYWARD'S HOME TRACTS,
ACCORDING TO THE PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 46, RECORDS OF
KITSAP COUNTY, WASHI NGTON.
SUBOIVISION GUAMNTEE (EXHIBIT "A)
(Rev 2l2l04\(E-209840. pfd/E-209840/4)
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