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Home My WebLink About20100106000313 SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT 112009Return s e n ~bu III I III I II III I IIII II II IIII I III II tyCler C 25 W tWAn98001 rn 201001060003 13 Aubu , O TIT Q AGE P -001 F 006 01/06/2010 10:47 KING COUNTY. UR Above this line reserved for recording information. SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT 1211 A N Reference # (if applicable): Grantor/Borrower: 1) Carey Development LLC l V / 4I % Additional on page: 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: See Exhibit A _ Additional on page: Assessor's Tax Parcel Lot G-Igj i&u 13 ' TOJ`TA +A&; \`hTS A"5~1 I D#:2321049013 THIS AGREEMENT is made between the CITY OF AUBURN, a municipal corporation, and Carey Development LLC, whose address is P.O. Box 1006, Issaquah WA 98027, as record Owner(s), of real property legally described as follows: See Exhibit A Also Known As TL #2321049013 In consideration of the conditions herein, the parties agree as follows: rf C f p °''X r smart . ?"-~s '✓~p 1. APPROVAL ~ sy 6 The Owner has requested City approval of the following specified application: " Construction of an on-site Sewage Holding Tank for a temporary office trailer at 1301 West Valley Highway SW, Auburn WA 98001 The City hereby approves the Owner's application subject to the following conditions: SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 1 of X I 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. 3. 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 Pi i CITY SIGNATORY PAGE ~ ~ is iorks Dir or 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 instrume t Dated 9 / ~teaALt~( I Nia5 V L"//Notary Public i nd fo ate of Was residing at My appointment e res SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 3 of,E I ~ wn Date Owner STATE OF WASHINGTON) )ss. County of King ) Date I certify that I know or have satisfactory evidence that Christopher Carey .____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 1L17/0.9__ r • ISS - MISS/p HOI,tp GBLIG ~9. 12 - III ASH SANITARY SEWER IMPROVEMEN! NON-REMONSTRANCE AGREEMENT Page ( of Melody Shew Notary Public in and for the State of Washington residing at Issacauah-__--------_--_____ My appointment expires .__3/28/12 _ EXHIBIT A THE EAST 250 FEET OF LOTS o, 7, 8, 9, 10, ll AND 12, BLOCK 13, JOVITA HEIGHTS ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 12., IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF THE EAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A PCINT ON THE WEST LINE OF SAID SUBDIVISION WHERE IT IS INTERSECTED BY THE NORTH LINE OF THE SOUTH 16-1/2 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23; THENCE NORTH ALONG THE WEST LINE OF SAID EAST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 400 FEET; THENCE EAST TO THE EAST LINE OF SAID EAST QUARTER OF THE. NORTHWEST QUARTER; THENCE SOUTH ALONG SAID EAST LINE 400 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SOUTH 16-1/2 ACRE TRACT; THENCE WEST ALONG SAID NORTH LINE TO THE POINT OF BEGINNING; EXCEPT PORTION THEREOF LYING WITHIN WEST VALLEY ROAD (SECONDARY STATE HIGHWAY 5-M); TOGETHER WITH THAT PORTION OF VACATED 58TH AVENUE SOUTH AS WOULD ATTACH BY OPERATION OF LAW; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: THAT PORTION OF THE EAST, QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, .WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE CASED CONCRETE MONUMENT MARKING THE INTERSECTION OF WEST VALLEY HIGHWAY (SECONDARY STATE HIGHWAY S-M) AND 15TH. STREET SOUTHWEST; THENCE ALONG THE CENTERLINE OF SAID WEST VALLEY HIGHWAY THE FOLLOWING THREE COURSES: THENCE NORTH 11°07'40" WEST 92.76 FEET TO THE,. BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1,432.73 FEET; THENCE NORTHERLY 265.06 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°36'00"; THENCE NORTH 00°31'40" WEST 160.15 FEET; THENCE SOUTH 89°28'20" WEST 30.00 FEET TO THE WESTERLY MARGIN OF SAID WEST VALLEY HIGHWAY AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID MARGIN SOUTH 01040'39" WEST 155.'92 FEET TO A LINE LYING PARALLEL WITH AND 36.00 FEET WESTERLY OF SAID HIGHWAY CENTERLINE; THENCE SOUTH 00031'40" EAST 4.35 FEET ALONG SAID PARALLEL LINE TO THE BEGINNING OF ACURVE CONCENTRIC WITH SAID HIGHWAY CENTERLINE AND CONCAVE TO THE EAST HAVING A RADIUS OF 1,468,73 FEET; THENCE SOUTHERLY 8.99 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°21'03"; THENCE SOUTH 88°55'35" WEST 10.01 FEET; THENCE SOUTH 01004'25" EAST 1.0.00 FEET; THENCE NORTH 88°55'35" EAST 10.01 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1,468.73 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 88°43'53" WEST); THENCE SOUTHERLY 16.01 FEET ALONG SAID CONCENTRIC CURVE THROUGH A CENTRAL ANGLE OF 00°37'29" TO THE NORTH LINE OF THE SOUTH 16 1;2 ACRES OF SAID EAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23; THENCE NORTH. 88°31'30" EAST 6.00 FEET ALONG SAID NORTH LINE TO SAID WESTERLY MARGIN AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1,462.73 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 68°06'18" WEST); THENCE NORTHERLY 34.90 FEET ALONG SAID MARGIN AND CURVE THROUGH A CENTRAL ANGLE OF 01°22'02"; THENCE NORTH 00°31'40" WEST 160.15 FEET ALONG SAID MARGIN TO THE TRUE POINT OF BEGINNING.