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
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