HomeMy WebLinkAbout20061213002489 SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT 111606C
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
this line reserved for recording information.
SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT #108 035
Reference # (if applicable):
Grantor/Borrower: Alvin Dietz
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NE-17-21-05
Assessor's Tax Parcel ID#: 172105-9043
THIS AGREEMENT is made between the CITY OF AUBURN, a municipal corporation,
and Alvin Dietz, whose address is 32405 110`h AVE SE, Auburn, WA 98092, as record
Owner(s), of real property legally described as follows:
172105 43 LOT 2 OF KC SHORT PLAT NO 475044 RECORDING NO
7510060562 SD PLAT DAF N 1/2 OF NW 1/4 OF SW 1/4 OF NE 1/4 LESS E 15 FT
Also Known As TL #172105-9043.
In consideration of the conditions herein, the parties agree as follows:
APPROVAL
The Owner has requested City approval of the following specified application:
Construction of on-site tank and drain field system for their home at 32405 110th AVE
SE also known as 172105 43 LOT 2 OF KC SHORT PLAT NO 475044
RECORDING NO 7510060562 SD PLAT DAF N 1/2 OF NW 1/4 OF SW 1/4 OF NE 1/4
LESS E 15 FT.
The City hereby approves the Owner's application subject to the following conditions.
SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT
Page 1 of 4
Said dowmew(s) were oted Inr
record by Pacific Northwest Title as
accommodation only. It has not boen
examined as to proper execution 9r
as to Its affect upon title.
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.
2. 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.
MANDATORY CONNECTION
If sanitary sewer is constructed by other means and becomes available, the above described
property shall be connected and a pro-rata fair share shall be paid by the Owner.
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
Owner Date
STATE OF WASHINGTON)
)SS.
County of King )
I certify that I know or have satisfactory evidence that Alvin Dietz is the person who
appeared before me, and said individual acknowledged that he signed this instrument
and acknowledged it to be his free and voluntary act for the uses and purposes
mentioned in this instrument.
Dated 44 - 0,6
„ It
`a
Ce_c
Notary Publ' n and r the State of Wa hin ton
residig ati e-- -e- w w g
My appointment expires / - 2_!!!J - n
SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT
Page 4 of 4
CITY SIGNATORY PAGE
/ 0'
u lic Works Di ctor 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 ~ ~3 i Q
P
~0tltll
~~Q~~\5$5oN F,IA~tc,~ 4
:o~aOTARYam~:
N•': F'UBL~G
~''s9~:'•.rY.ygVO~.•' ~j~O:
z-4
residing at 7' s~cfl ~w
,
My appointment expires 1(//2
SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT
Page 3 of 5