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HomeMy WebLinkAbout20061024001208 SANITARY SEWER IMPROVEMENT 041-0 Return Address: City of Auburn City Clerk 1111111111111111111 25 West Main Auburn, WA 98001 20061024001208 PACIFIC NW TIT AG 38.00 10/24//2008 1418 KING COUNTY, WA Above this line reserved for recording information. SANITARY SEWER IMPROVEMENT n t WSO$3 NON-REMONSTRANCE AGREEMENT#106 IC )(3G Reference#(if applicable): Grantor/Borrower: Thomas Keeley Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW 34-21-05 Assessor's Tax Parcel ID#: 3421059038 THIS AGREEMENT is made between the CITY OF AUBURN, a municipal corporation, and Thomas Keeley, whose address is 5224 55th ST SE, as record Owner(s), of real property legally described as follows: 342105 38 PP ACT 39944053 MOBILE HOME PORTION OF SW 1/4 OF SW 1/4 BEGIN SW CORNER TH S 89-03-52 E 988.84 FT TO POINT OF BEGINNING TH S 89-03-52 E 329.61 FT TO SE CORNER OF SW 1/4 OF SW 1/4 TH N 00-40-59 E 668.28 FT TH N 88-51-02 W 331.03 FT TH S 00-33-44 W 669.53 FT TO POB - TAXABLE PORTION PARTIALLY EXEMPT UNDER RCW 84.36.381 THRU .389 PORTION OF SW 1/4 OF SW 1/4 BEGIN SW CORNER TH S 89-03-52 E 988.84 FT TO POINT OF BEGINNING TH S 89-03-52 E 329.61 FT TO SE CORNER OF SW 1/4 OF SW 1/4 TH N 00-40-59 E 668.28 FT TH N 88-51-02 W 331.03 FT TH S 00-33-44 W 669.53 FT TO POB -TAXABLE PORTION PARTIALLY EXEMPT UNDER RCW 84.36.381 THRU .389 NOT INCLUDED Also Known As TL#342105-9038. In consideration of the conditions herein, the parties agree as follows: 1. APPROVAL Said document(s)were filed for record by Pacific Northwest Title as accommodation only.It has not been ermined as to proper exeoufion for SANITARY SEWER IMPROVEMENT#106 as 1©Its affect upon title. NON-REMONSTRANCE AGREEMENT Page 1 of 5 The Owner has requested City approval of the following specified application: Construction of on-site tank and drain field system for their home at 5224 55th ST SE also known as 342105 38 PP ACT 39944053 MOBILE HOME PORTION OF SW 1/4 OF SW 1/4 BEGIN SW CORNER TH S 89-03-52 E 988.84 FT TO POINT OF BEGINNING TH S 89-03-52 E 329.61 FT TO SE CORNER OF SW 1/4 OF SW 1/4 TH N 00-40-59 E 668.28 FT TH N 88-51-02 W 331.03 FT TH S 00-33-44 W 669.53 FT TO POB -TAXABLE PORTION PARTIALLY EXEMPT UNDER RCW 84.36.381 THRU .389 PORTION OF SW 1/4 OF SW 1/4 BEGIN SW CORNER TH S 89-03-52 E 988.84 FT TO POINT OF BEGINNING TH S 89-03-52 E 329.61 FT TO SE CORNER OF SW 1/4 OF SW 1/4 TH N 00-40-59 E 668.28 FT TH N 88-51-02 W 331.03 FT TH S 00-33-44 W 669.53 FT TO POB -TAXABLE PORTION PARTIALLY EXEMPT UNDER RCW 84.36.381 THRU .389 NOT INCLUDED. 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. 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 SANITARY SEWER IMPROVEMENT#106 NON-REMONSTRANCE AGREEMENT Page 2 of 5 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. 1 SANITARY SEWER IMPROVEMENT#106 NON-REMONSTRANCE AGREEMENT Page 3 of 5 CITY SIGNATORY PAGE ub is orksks Dir 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*c9 Dated 7/0(0 flP&- 4 BAD��n,� __ L �J Q ••••.... /,, r E2R i G k�'•. �`ss �xA:• ', Notary Public in and for the tate Washington o OTARJ 9�• N; residing at tJc eD ;0(A-A 7- ""'1 % My appointment expires i///9/ F- p PUBL\C' :2: SANITARY SEWER IMPROVEMENT#106 NON-REMONSTRANCE AGREEMENT Page 4 of 5 -ilte-rY)CtZt- K-C.C12-q- Owner w_Krie ate vg-N, Owner Date STATE OF WASHINGTON) )ss. County of King ) \ 6tOay I certify that I know or have satisfactory evidence that 5-hemas-Keeley-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 ?/c5 /6l0 C 4F••••. S 1ON �F��'� Notary Public and for the State f Washington 0pTAfil- residing at��-- inti e� Q w%( V My appointment expires i t / j ?/ PUBUG c 2; �►��� �9o1•;�:o? My appointment expires SANITARY SEWER IMPROVEMENT#106 NON-REMONSTRANCE AGREEMENT Page 5 of 5 • ,•44.