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HomeMy WebLinkAbout20090203000780 SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT 012609Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 000780 45. oe Above this line reserved for recording information. SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Reference # (if applicable): Grantor/Borrower: 1) Benita L McDonald Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW-30-21-05 Assessor's Tax ParcelID#: 787740-0130 THIS AGREEMENT is made between the CITY OF AUBURN, a municipal corporation, and BENITA L MCDONALD, whose address is 3008 B ST SE ALSO KNOWN AS :(35732 85TH AVE S 98002) AUBURN WA, as record Owner(s), of real property legally described as follows: (Legal Description) PARCEL NUMBER 7877400130 SECTION 30fTOWNSHIP 21 N/RANGE 5E W.M. LOT 8, BLOCK 2, SOUTH AUBURN GARDEN TRACTS, ACCORDING TO THE PLAT THERE OF, RECORDED IN VOLUME 20 OF PLATS, PAGE 76 IN KING COUNTY, WASHINGTON In consideration of the conditions herein, the parties agree as follows: APPROVAL The Owner has requested City approval of the following specified application: ❑ Sewer availability for the applicant's parcel # 787740-0130 SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 1 of 4 The City hereby approves the Owner's application subject to the following conditions: A. The Owner agrees to execute this agreement and agrees to be bound by the terms of this agreement, and B. The owner agrees to comply with City ordinances and regulations in development of the property. LID WAIVER The parties understand the public interest may require creation of a Local Improvement District (hereinafter "LID") for installing a sanitary sewer designed to serve the above-described property. The City's approval of the Owner's application is subject to the Owner's agreement as follows: Whenever a Local Improvement District is proposed for the installation of a sanitary sewer designed to serve the above-described property, whether by petition or resolution, the Owner agrees on its own behalf and on behalf of its successors in interest, and heirs and assigns, not to protest the establishment of any LID nor challenge the assessments levied therefore on the basis of lack of special benefit from the Improvement. 3. MANDATORY CONNECTION If sanitary sewer is constructed by other means and becomes available, the owner of the above described property shall pay for a pro-rata fair share of the improvements. 4. COVENANT RUNNING WITH THE LAND This agreement shall be binding on the Owner, its successors, heirs and assigns, and is a covenant running with the land. Owner agrees to pay all fees for recording this agreement with the King County Auditor. If it becomes necessary for the City to enforce any of the hereinabove provisions of this Agreement, the Owners, their successors and assigns, hereby covenant and agree to pay the City all reasonable attorney fees and costs incurred by the City to enforce the provisions of this Agreement. 5. SEVERABILITY In the event that any term, provision, condition, clause or other portion of this Agreement be held to be inoperative, invalid, void, or in conflict with applicable provision, clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable. SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 2 of 4 CITY SIGNATORY PAGE (i:]~ ,Zito / Public Works Di for Date STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Dennis R. Dowdy is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the PUBLIC WORKS DIRECTOR of the CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated 112-4109 residing at My appointment expires o O zoiz 11 r (P .0 ~ndrl SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 3 of 4 Owner Date Owner STATE OF WASHINGTON) Date )SS. County of King ) I certify that I know or have satisfactory evidence that ~fCG and " ` is/are the person(s) who appeared before me, and said individuals(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated ' &Vq is 9^` ~U1q t' - Notary Public iri ynnd f~he-6t to of Washington residing at K-4 C- My appointment expires 10-2-q SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 4 of 4