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199010301531 N RECEIVED s ,; ,. ; DEC 1 1 1990 . Mail to: Public Works Director 90 *1531 E; City of Federal Way , r i , . too RE�;FEE ►- 32212 28th Avenue South ,, L. i,! , 1 j j • RECD F t.. tom_; Federal Way, W A 98003 1 . ) : F i r GASH =.L :: ► ::8 , 110 • . FEI5"$kil; WP; WAIVER AGREEMENT LOCAL IMPROVEMENT DISTRICT COVENANT 1. PARTIES THIS AGREEMENT is made between the City of Federal Way, a Washington municipal corporation, and Warren A. Gordon, Tr. and Ruby E. Gordon , as owner (s) of property commonly known as: and legally described as: Lots 26 through 28, inclusive, Block 20, EAST TACOMA ADD., according to the plat thereof, recorded in Volume 4 of Plats, Page 50, records of King County, Washington. .. • t 2. FINDINGS A. The owners have submitted a request for a building permit Fi for approval by the City of Federal Way and /or have specifically Lt) applied to the City for a permit to make the necessary imprwfmPni- Arid - place a douhls wide manfactured home on the above described m property which abuts a substandard City street as a public right- O of -way or is vicinal thereto, which improvements or project will -- impact and derive special benefits from the improvement thereof. CT B. The City may, in the future, construct, reconstruct or improve 3rd Ave. SW to City standards including, but not limited to, curbs, gutters, sidewalks, driveways across sidewalks, storm drains, retaining walls, street illumination, landscaping, slope protection and underground power, and necessary appurtenances .consistent with good street construction, so as to benefit the above described property, through the formation of a Local Improvement District. 3. AGREEMENT A. The owner may obtain a building permit for new construction without the installation of the above- described and required improvements so long as all other conditions of the permit, if any, are complied with. B. In consideration of the City approving said permit, the owners agree, for a period of ten (10) years from the date of execution hereof, to participate in and not protest the formation of a Local Improvement District. 4 C. Nothing in this Agreement shall in any way absolve the owner of the underlying obligation to make the improvements set forth herein either prior to the expiration date of this Agreement or upon sixty (60) days written notice from the City. The improvements are necessary to mitigate the effects of the development of the property set forth above. This Agreement shall be construed only as providing an alternative means for payment for necessary improvements through the formation of a Local Improvement District. Improvements for this section shall mean all or any portion thereof as set forth above. D. This Agreement is binding on the owners, their successors, heirs and assigns, and is a covenant running with the land. E. The owners shall be responsible for all related fees necessary for filing this Agreement: with King County Auditor. This Agreement shall be recorded with the Auditor of King County. A • q , M SIGNED th - .7�Ts. day of �,e7 i�- _ 19 70 Warren A. & Ruby , E. Gordon. Jr. O Owner M w O • 2224D SW 352nd St. Federal Way. WA 98023 O Address Cr STATE OF WASHINGTON ) /' ��'�G --/ lif , COUNTY OF KING ) ifi-c-d 47. ,,-` -, On this 69 'day of d2L -Ci4 , 19 >,(), before me, the under- signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared pA A Avd J of ,eyayL Cot4J to me known to be the , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, and for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my han , nicial hereto affixed the day and year first above / ... $' �,� - c P� � w � ��� 1, V w c ° -,' m 0' 6 % 0 , ,t, �f tt No ary Public in and for the State of * e * Washington, residing at /1- ,,OL !/ A. m ' -` ' » My commission expires / 14 • 90L45 ‘� ° 0o i' ‘11°,,'.,%. � � � 1 h !.; ` 1 0 006.a e >- t 4Y