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HomeMy WebLinkAbout1999, 12-15 Notice to the PublicAfter Recording Return To: Spokane County Engineer Attn.: Right of Way Department Document Title: Notice to the Public No..4 Grantors: Craig and Sharon Catlow "' Grantee(s): Government, County of Spokane, Legal Description: SW 'V; of Section 22, Township 22 North, Range 44 East, W.M., Spokane County, Washington Additional Legal Description: See Page 2 '` ' Assessor's Tax Parcel Number: 45223.912W Reference Number: Contract for Real Estate, Auditor's File No. 4432862 111 11111111 IIiIP 11 1111 11 12115/1999 115 9 98 09:55A S0.00 Spokane Co. WA Log In Date: 12/10/99 • Requested by: A. Lugo Prepared by: B. Collins Purpose: Bldg Permit 9901 1660 RF No. 1650 Road Name: Houk Road SPOKANE COUNTY DIVISION OF ENGINEERING Spokane County, Washington NO. 4 NOTICE TO THE PUBLIC IN THE MATTER OF AGREEMENT WAIVING PROTEST TO FORMATION OF ROAD IMPROVEMENT DISTRICT: KNOW ALL MEN BY THESE PRESENTS, That Craig and Sharon Catlow, being the owners of the following described lands in consideration of Mutual Benefits to be hereafter derived do for themselves, their heirs, grantees and assigns, hereby agree to the following: There may be a need in the future to construct a public road to serve the lands herein described. Said road shall be constructed in accordance with the then adopted Spokane County Road Standards for public roads. Said road to follow, as near as practicable, the existing County road right of way. If additional right of way is required, the owners, their heirs and/or assigns agree to deliver to Spokane County a properly signed and executed Right of Way Deed covering the required additional right of way. The owners or successors in interest agree to authorize Spokane County to include the below described property in a Road Improvement District (RID) and to support the formation of a Road Improvement District for improvement of the road(s) described below by requesting and authorizing Spokane County to place their name on a petition for formation of a Road Improvement District pursuant to RCW 36.88.050, or by requesting and authorizing Spokane County to cast their ballot in favor of a RID being formed under the resolution method pursuant to RCW 36.88.030, and/or by not filing a protest against the formation of a RID being formed under the alternative resolution method provided for in RCW 36.88.065 and Chapter 35.43 RCW. If an RID is proposed for improvement of the road(s) described below, said owners and successors further agree: (1) that the improvements or construction contemplated within the proposed RID are feasible, and (2) that the benefits to be derived from the formation of the RID by the property included therein, together with the amount of any County participation, exceed the cost and expense of formation of the RID, and (3) that the property within the proposed 121D is sufficiently developed; provided, .the owners or successors shall retain the right, as authorized under RCW 36.88.090, to object to any assessment(s) on the property as a result of the improvements called for in conjunction with .the formation of a RID by either the petition or resolution method under Chapter 36.88 RCW and to appeal to the superior court the decision of the Board of County Commissioners confirming the final assessment roll; provided further, it is recognized that actual assessments may vary from assessment estimate so long as they do not exceed a figure equal to -the increased true and fair value the improvement add to the property. 11 1/1 11 N 1 1111148439986 1 I IIII IIII 1211511999 u 09:55A AGR 50.00 Sookane Co. WA By allowing a building permit to be issued on property having access from an unmaintained County road, Spokane County assumes no obligation for said road, -and the owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to establish, examine, survey, construct, alter, repair, improve, maintain, provide drainage or snow removal on said road. The requirement is and shall run with the land and shall be binding upon the owners, their heirs, successors or assigns, until said road is improved to Spokane County Road Standards and accepted by the County for -maintenance. The undersigned owners, their heirs, successors or assigns hereby release Spokane County, and all its officers, employees and agents from any responsibility or liability for any damage whatsoever to the hereinabove described lands and improvements thereon as a result of allowing a building permit to be issued on property which is served by a unmaintained County road. This Agreement applies to the improvement of Houk Road, Road File No. 1650, by grading, draining, surfacing, curbing, paving, and sidewalk construction, including traffic control facilities and related work. These requirements are and shall run with the land and shall be binding upon the owners, their heirs, successors or assigns. The Road Improvement District (RID) waiver in this agreement shall expire after ten (10) years from the date of execution below. The above conditions and covenant apply to the following described property: ASSESSORS PARCEL NO. 45223.9128 That portion of the Southeast Quarter (SE '/) of the Northwest Quarter (NW '/) of the Southwest Quarter (SW '/) of Section 22, Township 25 North, Range 44 East, W.M., in Spokane County, Washington, described as follows: BEGINNING at the Southwest corner of the North Half (N 'h) of the Southeast Quarter (SE '/) of the Northwest Quarter (NW '/) of the Southwest Quarter (SW '/) of said Section 22; thence North along the West line of said Southeast Quarter (SE %) of the Northwest Quarter (NW '/) of the Southwest Quarter (SW '/), a distance of 168.32 feet; thence East, a distance of 241.50 feet; thence South, a distance of 168.28 feet to a point on the South line of the North Half (N %) of the Southeast Quarter (SE '/) of the Northwest Quarter (NW '/,) of the Southwest Quarter (SW '/); thence West along said South line, a distance of 241.50 feet, more or less, to the point of beginning; EXCEPTING THEREFROM Houk Road along the West side. Located in the Southwest Quarter (SW ''/a) of Section 22, Township 25 North, Range 44 East, W.M., Spokane County, Washington. IN WITNESS WHEREOF, we have hereunto set our hands and seals this \ 3 day of exm"\\''x.f' 1999. STATE OF WASHINGTON COUNTY OF SPOKANE By. .ok�NN I �w�ii \r4. °TAr; y ss i••A•7 I certify that I know or have satisfact V appeared before me, and said i div acknowledged it as their free and votary a pUBCII &rte,t4�l��� ge and Sharon Catlow are the individuals who !iv ged that they signed this instrument, and �i!►td�4h�e use purposes mentioned in the instrument. Sharon Catlow Dated this day of I3P c eri.\\s-C' Rev \Allen\Houk Rd Callow Notice #4.doc\bc 2 , 1999. NOTARLC; :4IC kl\w ',1\.qm� In and for the State of Washington, residing at Spokane. My appointment expires:(jv,s,,_, ,