20040505003123 RETURN ADDRESS:
City of Federal Way
Attn:Kevin Peterson.
33530 First Way South
P.O.Box 9718
Federal Way,WA 98063-9718
20040505003123
CUSTOMER COV 20.00
PAGE001 OF 002
KINGS COUNTY, WA1
CITY OF FEDERAL WAY
LOCAL IMPROVEMENT DISTRICT
WAIVER OF PROTEST COVENANT
Grantor:City of Federal Way
Grantees:Jean Walsh and Kathryn Reynolds
Property Legal Description(abbreviated): Tax Lot 5,Sec.01,TWP 21 N,R 3 E,W.M.
Assessor's Tax Parcel ID#:012103 9005
S-T-R: SE'A 01-21-03
Permit No:04-100788-000-00-SF
THIS COVENANT is made by Jean Walsh and Kathryn Reynolds ("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 30210 2314 Ave SW,Federal Way,WA
98023 and legally described as follows:
The West 330 feet of the East 457.87 feet of the Southwest Quarter of the Southeast Quarter,
Section 1,Township 21 North,Range 3 East,W.M.,less the East 15 feet of the South 500 feet,less
the North 548 feet,less the South 382 feet.
("Property").
B. The Property Owners have submitted a request for a building permit under Permit No. 04-100788-000-00-SF
to remodel the existing residence on the Property which abuts a substandard private right-of-way known as 23rd
Ave SW,which project will impact and derive special benefits from the right of way.
C. The City may,in the future, construct,reconstruct or improve 23rd 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, 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 Owners may obtain a building permit for remodeling the existing 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 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 as a condition of permit approval under any
application other than Permit No. 04-100788-000-00-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 Owners,it's successors in interest,heirs and assigns.
6. Filing. This Covenant shall be recorded by the Property Owners 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 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 day of 6 ,200 Y.
PROPERTY OWNERS
4 r ��
J�, al
A
Kathryn IT olds
30210 2 d Ave SW,I ederal Way,WA 98023
STATE OF WASHINGTON )
)ss. [INDIVIDUAL NOTARY]
COUNTY OF KING )
On this l,( . day of , 201k-before me, the undersigned, a Notary Public in and for the
State of Washington,duly commissioned and sworn,personally appeared Jean Walsh and Kathryn Reynolds,to me known
to be the individuals who executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said individuals,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.
ClaktAld
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(typed or printed name of notary)
>P,, ��5 fyg9• p Notary Public in and for the State of Washington
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