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Home My WebLink About20120309001476 SANITARY SEWER AGREEMENT 11/10/2011Return Address: City of Auburn City Clerk 25 West Main Street Auburn WA 98001 16- 2/ -0'�--(7l III I 1111111111111111111111111111 20120309001476 FIRST AMERICAN AG 68 00 PAGE-001 OF 007 03/09/2012 16 07 KING COUNTY. WA Above this line reserved for recording information SANITARY SEWER AGREEMENT (Joint Side Sewer & Hold Harmless Agreement) Lot 1 Owner, 1) Paramvir Singh 2) Atka Golleo Assessor's Tax Parcel # 168250001109 Lot 2 Owner: Assessor s Tax Parcel # 1682500010 1) Anthony Newton r?, 2"IRD i'i310N t ) WARMIT pri; . Nix'�AM / 1 }H, Lot 3 Owner, 1) Zhanna Tsvor 2) V uriy Tsvor Assessor s Tax Parcel # 1682500012 Lebal Description /STR. NW'' /,NW' /,, SEC 16,T- 21N,R5E,WM —7(3 LEGAL DESCRIPTIONS Lot 1 Parcel # 168250001109 COLLEGE GREEN NORTH LOT l TG W UND 1NT IN TRACT A OF AUBURN SHORT PLAT # SPL05 -0009 REC #20060703900004 SD SP BEING DAP - LOT 1 OF COLLEGE GREEN NORTH Lot 2 Parcel # 1682500010 Lot 2, City of Auburn, Short Plat Number SPL05 -0009, recorded under Recording Number 20060703900004, in King County, Washington. Together with an undivided interest in Tract `A' for ingress and egress as delineated on the face of said short plat. Lot 3 Parcel # 1682500012 COLLEGE GREEN NORTH LOT 3 'i'G W UND INT IN TRACT A OF AUBURN SHORT PLAT # SPL05 -0009 RIC #20060703900004 SD SP BEING DAF - LOT 1 OF COLLEGE GREEN NORTH SANITARY SERVER A6REL'b1EN1 Page 1 of AGREEMENT This Agreement made and entered into this day of �% /i, J , 2011, by and between, Paramvir Singh & Alka Gollen, owners of Lot 1 and their heirs, successors and assigns; Anthony Newton, owner of the Lot 2 and their heirs, successors and assigns; and Zhanna & Yuriy Tsvor, owners of the Lot 3 and their heirs, successors and assigns. Hereinafter referred to as OWNER 1, OWNER 2 and OWNER 3 respectively WHEREAS, OWNER 1, OWNER 2, and OWNER 3 intend to construct a common side sewer located within the property legally described as Tract `A' City of Auburn Short Plat SPL05 -0009 recorded under recording 4 20060703900004, in King County Washington, and WHEREAS, the City of Auburn in accordance with Auburn City Code 13.20.280, has waived the requirement for a separate and independent side sewer based on construction plans submitted to the City conditioned upon the recording of ajoint side sewer agreement and a hold harmless agreement between OWNER 1, OWNER 2, and OWNER 3, owners of Parcels 1, 2, and 3 as described above; and WHEREAS, Parcels I, 2, and 3 have the potential to impact the flow of wastewater from the structures located upon both parcels, such that damages may result to either parcel from the other WHEREAS, Parcels 1, 2, and 3 have the potential to cause discharge of wastewater to the surface from their common facilities OWNER 1, OWNER 2, and OWNER 3 do hereby agree as follows JOINT SIDE SEWER OWNER 1, OWNER 2, and OWNER 3 shall each be solely responsible for the maintenance and repair of the sewer line running from the structures on each of their parcels to a joint hookup connection located within their commonly owned access tract. OWNER 1, OWNER 2, and OWNER 3 shall be jointly responsible on an equal basis for the maintenance, operation, and repair of the shared side sewer lateral that extends sewer service from the City of Auburn's sanitary sewer main to and including the private manhole that serves as the joint hookup connection of the parcels' private side sewers. OWNER 2, and OWNER 3 shall be jointly responsible on an equal basis for the maintenance, operation, and repair of the shared side sewer lateral that extends sewer service from the private manhole that serves as the joint hookup connection for all of the parcels to the pipe fitting where the side sewers from Parcel 2 and Parcel 3 are connected. SANITARY SEWER AGREEMENT Page 2 of 6 OWNER 1, OWNER 2, and OWNER 3 shall be jointly responsible for damages that may occur upon said properties due to improper maintenance, operation or repair of the shared side sewer lateral that extends sewer service from the City of Auburn's sanitary sewer main to and including the private manhole that serves as the joint hookup connection of the two parcels' private side sewers. GRANTEES and the GRANTORS shall have the right to establish a backwater valve upon their private individual side sewer to protect against sewage backups. This Section is an appurtenant to this Agreement and shall run with the land; and the terms thereof shall be for the benefit of OWNER 1, OWNER 2, and OWNER 3, their heirs, successors and assigns, and shall be binding upon OWNER 1, OWNER 2, and OWNER 3, their heirs, successors and assigns. HOLD HARMLESS OWNER 1, OWNER 2, and OWNER 3 release and shall defend, indemnify and hold harmless the City of Auburn, its heirs, successors, and assigns, and the respective directors, officers, employees, contractors, and agents of Auburn and its heirs, successors and assigns (collectively referred to as the "Indemnities ") from any and all claims, losses, costs, liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or in connection with the use of a single side sewer connection to the City of Auburn sanitary sewer main, extending sewer service to Parcel 1, Parcel 2, and Parcel 3, and any default under or breach of this agreement by the OWNERS in connection with this agreement. To the fullest extent permitted by applicable law, the foregoing release, indemnity and hold harmless shall apply regardless of any act, omission, fault, negligence or strict liability of the Indemnities; provided, however, that the OWNERS shall not be required to so indemnify any Indemnities against any claim, loss, cost, liability, damage or expense to the extent the same is solely caused by or results from the negligence of any Indemnities. This Agreement is given without cash consideration, and is for the purpose of legally establishing an understanding for the use of a single side sewer to serve two parcels. This Agreement shall be a covenant running with the above - described real properties and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Dated this A14__ day of ��n /�mLGr 2011 SANITARY SEWER AGREEMENT Page 3 of 6 OWNER Lot 1 Parcel # 168250001109 v Authorized Signature Date Il- lo-II Authorized Signature Date STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Paramvir Sinuh and Alka Gollen are the persons who appeared before me, and said individuals acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. SANITARY SEWER Page 4 of 6 Notary Public in Residing at —1 My appointment of Washington f J� SANITARY SEWER Page 4 of 6 Notary Public in Residing at —1 My appointment of Washington OWNER Lot 2 Parcel # 1682500010 Auth*ed Signature Authorized Signature Date STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that t-ha n" �/ ,J Mo ,-)4�1N and is /are the person� � who appeared before me, and said individual )'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 / / `4r�`y�S4ON^,4t: ;;L No_ t v Public and for tl S� Washington i fA ~emu° a� , q� Residing at �� Z My appointment expires N.,y A4Q``11` O r,r ,pF WASH , SANITARY SERER AGREEMENT Page 5 of 6 Lot 3 Parcel # 1682500012 Si % 20 12- Date Authorized Signature Date STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Zhanna Tsvor and Yuriy Tsvor are the persons who appeared before me, and said individuals acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. Dated (/ V/-7() Notary Public ink for the St a e o Washita ton •'` _ Residing at My appointment expires a /I 5t Iw;' i un�aa. ylryttllOF WAS?.. BE/tl /tlb File:. BLD07 -0005 Singh /Gollen, BLD09 -0173 SANITARY SEVER AGREBh-IBNT Page 6 of 6 OWNER Lot 3 Parcel # 1682500012 a- Lo� Author' e ignature Date Authorized Signature Date STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that 7hanna Tsvor and Yuriy Tsvor are the persons who appeared before me, and said individuals acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. Dated l O 6 / ( i Azi Notary Public in and for °0 ?� N` �" ; � Residing at �� L" La My appointment expires ''; fop yVAgN \��a BF/wan He BLD07 -0005 Singh /Gollen,, BLD09 -0173 SANITARY SEWER Page 6 of 6