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20030820000050 RETURN ADDRESS: City of Federal Way Attn: Kevin Peterson. 33530 First Way South P.O. Box 20030820000050 Federal Wayay, , WA 98063 -9718 PUBLIC WA 21.00 PAGE 001 OF 003 08/20/2003 08:50 KING COUNTY, WA CITY OF FEDERAL WAY LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST COVENANT Grantors: Kyle and Brenda Martin Grantees: City of Federal Way, a Washington municipal corporation Property Legal Description (abbreviated): Tax Lot 132, Sec. 6, Twp. 21 N., R 4 E., W.M. Additional Legal Descriptions attached on Exhibit A Assessor's Tax Parcel ID#: 062104 9132 S -T -R: 06 -21 -04 Permit No: 03- 101596- 000 -00 -SF THIS COVENANT is made by Kyle and Brenda Martin ( "Property Owners ") in favor of the City of Federal Way, a Washington municipal corporation ( "City "). A. The Property Owners own certain real property commonly known as 409 SW Dash Point Rd, Federal Way, WA 98003 and legally described as follows: See Exhibit A, attached hereto and incorporated herein by this reference. ( "Property"). B. The Property Owner has submitted a request for a building permit under Permit No. 03- 101596- 000 -00 -SF to construct a new single family residence on the Property which abuts a substandard City right -of -way known as SW Dash Point Road, 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 SW Dash Point Road 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 the construction of a new 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. Doc. I.D. 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. 03- 101596- 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 kt-th day of , 20 03 PROPERTY OWNER : r , .�� ■ e Martin (signature) Br da Martin (signature) 235 166 Pl, Normandy Park. WA 98166 • STATE OF WASHINGTON ) ss. [INDIVIDUAL NOTARY] COUNTY OF KING ) On this ' day of AuSuS3 , 20 © before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Kyle and Brenda Martin, husband and wife, 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. AGUSTIN B. RAMOS III STATE OF WASHINGTON ■ "av NOTARY - -o-- PUBLIC (typed or printed name of notary) MY COMMISSION EXPIRES 0.9.0707 , Notary Public in and for the State of Washington My commission expires 4Qi`� l �f j7 Doc. I.D. 4 Exhibit A The West 100 feet as measured along the northerly boundary of a portion of the east 1 /2 of the east 1 /2 of the southwest 1 /4 of the southeast 1 /4 of Section 6, Township 21 North, Range 4 East, W.M., lying southerly of SW Dash Point Road, described as follows — Beginning at the NW corner of said subdivision, thence northeasterly along the south margin of said road 300 feet, thence southerly parallel with the east line of said subdivision 355 feet, thence southwesterly to a point on the west line thereof 305 feet south of the point of beginning, thence northerly to the point of beginning, less the east 200 feet thereof, as measured along said south margin of said road and parallel with the east line of said subdivision. Also known as Lot 1 of Federal Way Lot Review #ADM95 -0004, dated October 17, 1995. • Doc. I.D.