20060203000242 •
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RETURN ADDRESS:
City of Federal Way
Attn: Sean Wells, P.E. 20060203000242
33325 8` Ave S FEDERAL WAY CI COV 34.00
P.O. Box 9718 PAGE001 OF 003
Federal Way, WA 98063 - 9718
02/0/2006
Federal
CITY OF FEDERAL WAY
LOCAL IMPROVEMENT DISTRICT
WAIVER OF PROTEST COVENANT
Grantor (s): Curtis M. Lang, Michelle M. Lang, and C. Blake Lang
Grantee(s): City of Federal Way, a Washington municipal corporation
Property Legal Description (abbreviated): BLK 2 LOT 28 RAINIER MANOR ADD
Assessor's Tax Parcel ID #(s): 713780 -0295
S -T -R: 30- 2IN -04E
Permit No: 05- 105595- 000 -00 -SF
THIS COVENANT is made by Curtis M. Lang and Michelle M. Lang, a married couple, and C. Blake Lang, a
single person ( "Property Owner ") in favor of the City of Federal Way, a Washington municipal corporation ( "City").
A. The Property Owner owns certain real property commonly known as LOT 28 BLK 2 RAINIER MANOR,
Federal Way, WA 98023 and legally described as follows:
LOT 28, BLOCK 2, RAINIER MANOR, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 54 OF PLATS, PAGE 34 IN KING
COUNTY, WASHINGTON
("Property").
B. The Property Owner has submitted a request for a building permit under Permit No. 05- 105595- 000 -00 -SF
to construct a single - family residence on the Property which abuts a substandard City right -of -way known as
13 Avenue SW, which project will impact and derive special benefits from the public right of way.
C. The City may, in the future, construct, reconstruct or improve 13 Avenue SW to City standards including,
but not limited to, curbs, gutters, sidewalks, driveways across sidewalks, storm drains, retaining walls, street
illumination, landscaping, slope protection, underground power, and necessary appurtenances consistent with
good street construction ( "Improvements "), so as to benefit the Property, through the formation of a Local
Improvement District.
NOW, THEREFORE, the Property Owner agrees as follows:
1. Permit. The Property Owner may obtain a building permit for construction of a single - family
residence without the installation of the Improvements so long as all other conditions of the permit, if
any, are complied with to the City's satisfaction.
2. No Protest. Pursuant to RCW 35.43.182 and in consideration of the City approving said permit, the
Property Owner agrees to participate in and not protest the formation of a Local Improvement District
pursuant to RCW 35.43.180.
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3. Term. This Covenant shall be for a term of ten (10) years commencing on the date of execution hereof
and terminating ten (10) years thereafter.
4. Improvements. Nothing in this Covenant shall in any way absolve the Property Owner of any
underlying obligation to make any public improvements as a condition of permit approval under any
application other than Permit No. 05- 105595- 000 -00 -SF prior to the expiration date of this Covenant
or upon eighty (80) days written notice from the City if such public improvements are required
pursuant to the Federal Way City Code, any other permit application, or other applicable laws, rules, or
regulations, as now existing or hereafter adopted or amended. The Improvements may be necessary to
mitigate the effects of the development of the Property. This Covenant shall be construed only as
providing an alternative means for payment for necessary public improvements through the formation
of a Local Improvement District.
5. Binding Effect. This Covenant shall be construed to touch and concern the land, shall run with the
land and bind the Property Owner, it's successors in interest, heirs and assigns.
6. Filing. This Covenant shall be recorded by the Property Owner with the King County Office of
Records and the Property Owner shall pay all recording fees.
7. Limitation. Nothing in this Covenant shall be construed to waive the Property Owner's right to object
to the Property Owner's individual assessment (including the determination of special benefits
allocable to the Property), or to appeal to the Superior Court the decision of the Federal Way City
Council affirming the final assessment roll.
DATED this 16147 of fah ua�'c/ , 2006..
I �
ti
Curtis M. Lang, Prope ., Owner
'1.�.,.
Michelle M. Lang, Property 0 4
c.
C. Bl. - ng, ' C O
STATE OF WASHINGTON
) ss.
COUNTY OF KING )
On this fbNh V
day of GLf76/ary , 200 (o , before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared Curtis M. Lang and Michelle M. Lang, a
married couple, to me known to be the individual(s) who executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said individual(s), for the uses and purposes therein mentioned,
and on oath stated that they were authorized to execute the said instrument.
Witness my hand and official seal hereto affixed the day and year first above written.
0,rsr1
O 1 0t 4E
\swoN 0 v r • h � t'l
tq •, (typed or printed name of notary)
, SOT AR Y z Not Public in and for the State of Washington
My commission expires 1 0 _2 (• 03
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A• •_�
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this 1 0 day of iailUar , 2000 , before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and Sworn, personally appeared C. Blake Lang, a single person, to me known
to be the individual(s) who executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said individual(s), for the uses and purposes therein mentioned, and on oath stated that they
were authorized to execute the said instrument.
Witness my hand and official seal hereto affixed the day and year first above written.
° 1. jS►ON F . � ` (typed or printed name of notary)
o` OTA A';O Notary Public in and for the State of Washington
u N� R y ,Z My commission expires 0 & ' 0 g
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Rev. 08/04