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HomeMy WebLinkAbout20061024001206 SANITARY SEWER IMRPOVEMENT (.( z(-2) Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 01110111101111011110110 20061024001206 PACIFIC NW TIT AG 35.00 PAGE001 OF 004 10/24/2008 14:19 KING COUNTY, WA Above this line reserved for recording information. n�1 SANITARY SEWER IMPROVEMENT `Nva- 4150V-1`) NON-REMONSTRANCE AGREEMENT#107 (A35 Reference #(if applicable): Grantor/Borrower: LaPianta LLP Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE29-21-05 Assessor's Tax Parcel ID#: 292105-9020 THIS AGREEMENT is made between the CITY OF AUBURN, a municipal corporation, and LaPianta LLP, whose address is PO Box 88028, Tukwila, WA 98138, as record Owner(s), of real property legally described as follows: 292105 20 NE 1/4 OF SE 1/4. Also Known As TL#292105-9020. In consideration of the conditions herein, the parties agree as follows: 1. 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 3200 Stuck River DR SE also known as 292105 20 NE 1/4 OF SE 1/4. The City hereby approves the Owner's application subject to the following conditions: Said document(s)were filed for record by Pacific Northwest Title es a000mmodarion onij-. 1t has lout bet--1 examined as zo proper execution or SANITARY SEWER IMPROVEMENT ate to its affect upon fie. NON-REMONSTRANCE AGREEMENT Page 1 of 5 t 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 4 I CITY SIGNATORY PAGE 3`7 Publi Works Directo 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 713i /0(0 BADGi ......... • elti3;FP."4 I �,2 L f,1DG.(kiy ~oaOTAR)' \ ':Notary Public in and for the St to of Washington • Z residing at i-�C*1 QS' : 0 N:, PUBO :1:4):My appointment expires ii/iq�0'� SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 3 of 4 yi • 4 LA PIANTA LLC, a Washington limited liability company By Metro Land Development, Inc., a Washin• on c rp - on, its Manager B t Mark A. Segale, Vice - -sident STATE OF WASHINGTON) )ss. County of King ) I certify I have know or have satisfactory evidence that Mark A. Segale 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 acknowledge as the Vice President of LaPianta LLC a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ,4i6 .Cr3 c).00,6, / /k.,... ., _ SUSAN A. PHELAN. - ' NOTARY PUBLIC v' STATE OF WASHINGTON /4/410 ^,,�MMISSIOIr EXPIRES N.0 Public in ' or - State of Washington MAY 1,2010 re ':" gat �Ati47 My appointme t expires /1_ • D SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 4 of 4