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HomeMy WebLinkAboutRobert & Michelle Kiddy - LID Waiver of Protest Agreement - Parcel #119101170AFN # 1883075 AGREE 08/16/2018 08:36 AM 6 Page(s) $103.00 Matt Beaton, Auditor Franklin Cn- WA FILED FOR RECORD AT THE REQUEST OF: City of Pasco WHEN RECORDED RETURN TO: City of Pasco 525 North 3`a Pasco, WA 99301 Tax Parcel No. 119101170 Legal Description: E 2 1/2 AC OF S2N2NW4SW4 23-9-29 EXC S 100'& EXC CO RD LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST AGREEMENT THIS LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST AGREEMENT entered into this,, -as, day of ,or, 2018, by and between Robert Kiddy and Michelle Kiddy, hereinafter referred to as "Own r', and the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City." WHEREAS, the Owners hereto warrant that they each own the parcels of property listed and described as follows: E 2 1/2 AC OF S2N2NW4SW4 23-9-29 EXC S 100'& EXC CO RD, and WHEREAS, the Owners have requested to connect to the City of Pasco domestic water supply and/or sanitary sewer system, and WHEREAS, at time of application for connection, the above referenced property is located outside the City Limits, and WHEREAS, the City is not required to provide utility service outside the City limits; however, it has in prior instances allowed County property owners to connect to City services, and WHEREAS, as a condition of granting said connection, the City requires that the Owners agree that, if and when a Local Improvement District is formed for the purpose of improving any and/or all Right of Way improvements to City Standards and Specifications, including but not limited to roadway surface improvements, curb, gutter, and sidewalk, storm water conveyance facilities, and/or sewer capable of serving the properties covered by this Agreement, the Owners shall not attempt to oppose, challenge, or invalidate the formation, and the Owners will cooperate with any and all petitions supporting said LID, and that the promise to abstain from protest by a covenant running with the land binding on all subsequent owners, NOW, THEREFORE, and in consideration of the AGREEMENTS, COVENANTS, AND PROMISES contained herein, the Owners hereto agree as follows: 1. OWNER OBLIGATIONS A. In the event that a Local Improvement District (LID) is formed for the purpose of improving any and/or all Right of Way improvements to City Standards, including but LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST AGREEMENT -1 not limited to roadway surface improvements, curb, gutter, and sidewalk, storm water conveyance facilities, and/or sewer to the Properties, the Owners will not attempt to oppose, challenge, or invalidate the formation of said LID, or protest the inclusion of the Properties within said LID, or protest the connection charges assessed to the Properties in conjunction with said LID, and will cooperate with any and all petitions supporting said LID. B. In the event that a sewer main is installed to the Properties by the City or by others, by means other than an LID, the Owners will immediately obtain a sewer service connection permit from the appropriate agency and connect each structure on the Properties to the sewer system, and pay all the connection charges and fees associated with the connection of the Properties to the sewer system. C. All Owners hereto agree and understand that the City has no responsibility for the connection of the Properties to the public sanitary sewer system. D. This LID Waiver of Protest does not waive the Owner's right to object to the Owner's individual assessment (including the determination of special benefits allocable to the property). 2. TERMS A. This Local Improvement District Waiver of Protest Agreement touches and concerns that real property described above and shall be a covenant running with the land and shall be binding on all heirs, assigns, transferees, and subsequent successors in interests. B. This Agreement shall become effective the date first written above (Effective Date) and shall terminate ten (10) years thereafter. C. The terms of this agreement are authorized by and shall be pursuant to RCW 35.43.182. LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST AGREEMENT -2 Owner 0 STATE OF WASHINGTON ss I certify that I know or have satisfactory evidence that (Michelle Kiddy) is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this 13 day of 2018. N UsIC in and for the State of Washington Residing at t= /,t k ffiv/ My Commission Expires: /— q—o7o/.9" LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST AGREEMENT -5 Owner: �/� (� By: I r1 lL Address �1 4V STATE OF WASHINGTON ) ss COUNTY OF FRANKLIN I certify that I know or have satisfactory evidence that (Robert Kiddy) is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. under my hand and official seal this day of S�- 2018. _ n NOT UBJJC in and for the State of Resi in at: J%iQd 6,a - My Commission Expires: LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST AGREEMENT -4 DATED this r � day of Q/AoU& - 2018. City of Pasco, Washington: =- - I ANL > City/State/Zip Code STATE OF WASHINGTON : ss COUNTY OF FRANKLIN) ^ , r{ 101, I certify that I know or have satisfactory evidence that 1 R6 5j,,111 Y/, is the person who appeared before me, and said person acknowledged tha (he/ e) sig ed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. GIVENnder my hand and official seal this day of/hfeC�2018. in and for the State of Washington My Commission Expires:SGHWA(Bqlfi// ��iS • \aN��yT C' // '�NOTARY�•'*_ �G PUBS o�s';�2 04 0416110 LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST AGREEMENT -3