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City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
AGREEMENT WAIVING RIGHT TO PROTEST LID
Grantor: MILLER, RAYMOND AND ELISE
Grantee: CITY OF PORT ORCHARD, WASHINGTON
Leqal Description: ECHO PARK, LOT 1, ECHO PARK, ACCORDING TO
RECORDED IN VOLUME 19 OF PLATS, PAGES 141,142 AND 143, REC
KITSAP COUNTY, WASHINGTON.
Assessor's Propertv Tax Parcel Number: 4849-000-001-0006
Reference #: N/A
This Agreement is made this 29 day of September 2005 between Raymond and
Elise Miller, (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 (the
"Property").
B. The Owners are proposing to connect to the force main on the east side of Sherman
Avenue.
C. As a condition precedent to allowing the Owners to connect to the force main on the
east side of Sherman Avenue, 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
extending sewer main along Echo Court, 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.
Page 1 of 3
Now, therefore, in consideration of the mutual promises of the parties and the 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 the extension of sewer main along Echo Court. 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 herein 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 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,
WASHINGTON
OWNERS
By:#;'W".1 Aa
Kim Abel, Mayor
Attest:
Carol , city
Page 2 of 3
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STATE OF WASHTNGTON )
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County of Kitsap
I certify that I know or have satisfactory evidence that Raymond Miller is 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.
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RECORDAR
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LEGIBILITY
NOTARY PUBLIC
Page 3 of 3
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STATE OF WASHINGTON
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County of Kitsap
I certify that I know or have satisfactory evidence that Elise Miller 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.
ertt!9e
ARY PUBLIC
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RECORDER'S NOTB
NOTARY SEAL NOT AFFDGD
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