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20010213000170
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02/13/2001 08:57
KING COUNTY, WA
CITY OF FEDERAL WAY
33530 1ST WAY SOUTH
FEDERAL WAY, WA 98003
S -T -R: 06 -21 -04
Permit No: 00- 106164 -SF
Parcel No. 720520 -0100
CITY OF FEDERAL WAY
LOCAL IMPROVEMENT DISTRICT
t, WAIVER OF PROTEST COVENANT
c THIS COVENANT is made by Terry Jensen Construction, ( "Property Owners ") in favor of the City of Federal
o Way, a Washington municipal corporation ( "City").
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or) A. The Property Owners own certain real property commonly known as 443 SW 297 Street, Federal Way, WA
and legally described as follows: Lot 10, Redondo Highlands #3 ( "Property").
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B. The Property Owners have submitted a request for a building permit under Permit No 00- 106164-SF to
construct a single family home on the Property which abuts a substandard City right -of -way known as SW 297
o Street, which project will impact and derive special benefits from the public right of way.
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C. The City may, in the future, construct, reconstruct or improve SW 297 Street 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 ( "Improvements "), so as to benefit the Property, through the formation of a Local
Improvement District.
NOW, THEREFORE, the Property Owners agree as follows:
1. Permit. The Property Owners may obtain a building permit to construct a single family home 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 Owners agree to participate in and not protest the formation of a Local Improvement District
pursuant to RCW 35.43.180.
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 Owners of any underlying
obligation to make any public improvements 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
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means for payment for necessary public improvements through the formation of a Local Improvement
District.
5. Binding Effect. This Covenant is binding on the Property Owners, their successors in interest, heirs and
assigns, and is a covenant running with the land.
6. Filin . This Covenant shall be recorded by the City with the King County Office of Records and the
Property Owners shall pay all recording fees.
7. Limitation. Nothing in this Covenant shall be construed to waive the Property Owners' right to object to
the Property Owners' 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 11, day of � _�, 20t?1.
PRO • ERTY OWNERS
te rry Jen >' • ction
T
/ P.O. Box 26
Issaquah. WA 98027
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[Corporate Notary]
° STATE OF WASHINGTON )
) ss.
cif; COUNTY OF KING )
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On this day personally appeared before me Teiw v R . J ( i _5 PN) , to me knownto
be the Pv I..S i Stivt f of T(/1r (. J 0-156Y) C6-n.3 f» A ( raw , the corporation that
executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was
authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this / 2 day of r , 20 01.
`l J hMM, J � cl✓YK/1 */
(notary signature) v>7 ' cur y
}{ea f ,l- T. $ ( '�•
(typed/printed name of notary) ��• • "`��a,�� /
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Notary Public in and for the State of Washington. �
My expires 1,(2 I �• = •
M commission ex T res � , ,�� PUttpi
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