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HomeMy WebLinkAbout20151029001277 SANITARY SEWER IMPROV NON-REMONSTR AGREE 9/24/2015 )— . Sw 'ZI- ZI-os 09( 3 now � Return Address: City 2 Welt City Man 111111111101111111111111111 Auburn WA 98001 III IIIIIIIIIIIII 20151029001277 PAGE-001 OF 004 76.00 10/29/2015 13:30 KING COUNTY, WA Above this line reserved for recording information. SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Reference # (if applicable): SW R15-020 7 Additional on page: Grantor/Borrower: 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Additional on page: Assessor's Tax Parcel ID#: 259920-0910 THIS AGREEMENT is made between the CITY OF AUBURN, a municipal corporation, and 3i it(A- many: Gn, nrx , whose address is t ao terA-v ` \ SE'� A.,1„ ._A.n , as record Owner(s), of real property legally described as follows: t'iII4d documents were/Wet of regard ea an accommodation or . It hes not been Merniflegod cva to Also Known As TL# 259920-0910 1 execution or to Its° " title. In consideration of the conditions herein, the parties agree as follows: 1. APPROVAL The Owner has requested City approval of the following specified application: Connection of a side sewer directly to a nearby manhole in lieu of extending the public sewer main across the property frontage within the Right-of-Way. The City hereby approves the Owner's application subject to the following conditions: SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 1 of 4 Y 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. The provisions of this section shall be in effect for a period of ten years from the date of execution of the agreement. 3. MANDATORY CONNECTION If sanitary sewer is constructed by other means and becomes available along the property frontage, 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 v , .;�ME,N R.144,��'/ CITY SIGNATORY PAGE : o# ; 521* 1 S ° : I / ••4,���sr �o S i'iia:iai��}t;���, A 9 it 9/$15--{S' Community eevelopment a rj Date tl'"'1 \\"".� Public Works Director STATE OF WASHINGTON) )ss. COUNTY OF KING ) '/ I certify that I know or have satisfactory evidence that V iV?v ch v1 d- is • the person who appeared before me, and said person acknowledged that hie signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Community Development and PUBLIC WORKS DIRECTOR of the CITY OF AUBURN to be the free and voluntary act of such party for the 21:17106 usesand purposes mentioned in this instrument. . Dated e �°mon'' t 14,61,V 11 . M-ev,d-ez otary°Oublic in and fpr the State of Washington residing at V-i Lt n My appointment expires mAtaev C 1 241 SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 3 of 4 • . INDIVIDUAL SIGNATORY PAGE NOl0 L. St- ,z :47,-- V) w.. t 9/f/a/s-- = Owner Date NN4 a -- s,,,,,,,1,,` Owner', Date STATE OF WASHINGTON) )ss. County of King ) I certify that I knew or have satisfactory evidence that 3) 1 1 £—a✓vi er and A4 a✓ion e 6-aryl tit 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 Se pi--n- ur I , 20 IS /? /I,7 An et o K at/\ i" Note Publi " in an./ or the State of Washington residing at 13,,n 4)v" Cowti111 My appointment expires o 9- Z 3- / C- SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 4 of 4