028-05 - Resolution - No Protest Agreement Concerning Extension of Sewer Main Along Echo CourtRESOLUTION NO. 028-05
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE MAYOR TO ENTER INTO A NO PROTEST
AGREEMENT CONCERNING EXTENSION OF SEWER MAIN ALONG
ECHO COURT
WHEREAS, RCW 35.43.182 authorizes a property owner to enter into an
agreement with a city waiving the property owner's right to protest formation of a local
improvement district; and
WHEREAS, Raymond and Elise Miller are the owners of Echo Park, Lot 1 on
Echo Court; and
WHEREAS, as a condition of the City allowing connection to the sewer main on
Sherman Avenue, Raymond and Elise Miller have agreed to waive their right to protest
formation of a local improvement district that may be established in the future to finance the
extension of sewer main along Echo Court; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: The Mayor is hereby authorized to execute a No Protest
Agreement on behalf of the City of Port Orchard with Raymond
and Elise Miller concerning extension of sewer main along Court.
A copy of the No Protest Agreement is attached hereto as Exhibit
A.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 26th day of September 2005.
KIM E. ABEL, MAYOR
ATTEST:
~i~~
AFTER RECORDING MAIL TO:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
lllllllllllllllllllllllllllllllllllllllllllllllllllll ~~~~~2~~;~:~~R3
RAYMOND t ELISE MILLER
AGREEMENT WAIVING RIGHT TO PROTEST LID
Grantor: MILLER, RAYMOND AND ELISE
Grantee: CITY OF PORT ORCHARD, WASHINGTON
Legal Description: ECHO PARK, LOT 1, ECHO PARK, ACCORDING TO THE PLAT
RECORDED IN VOLUME 19 OF PLATS, PAGES 141,142 AND 143, RECORDS OF
KITSAP COUNTY, WASHINGTON.
Assessor's Property Tax Parcel Number: 4849-000-001-0006
Reference #: N/ A
This Agreement is made this day of September 2005 between Raymond and
Elise Miller, (Owners), and the City of Port Orchard, Washington ("Cit/').
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 Improvement District or Utility Local
Improvement District (collectively referred to herein as a "LID") 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.
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Now, therefore, in consideration of the mutual promises of the parties and the other
good and valuable consideration, the parties hereby agree as follows:
i . 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. i 80 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. If 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. In 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.
IN WITNESS WHEREOF, the parties hereto have signed and sealed this Agreement
the day and year first above written.
CITY OF PORT ORCHARD,
WASHINGTON
By: ~.2f1x£
Kim Abel, Mayor
Attest:
STATE OF WASHINGTON
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lllllllllllllllllllllllllllllllllllllllllllllllllllllll :~~~~2g~,;~J~ ~~A3
RAYMOND $ ELISE MILLER
ss.
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.
STATE OF WASHINGTON
ss.
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.
RECORDER'S NOTE
NOTARY SEAL NOT AFFIXED
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