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Home My WebLink About20061024001204 SANITARY SEWER IMPROVEMENT 3r1 lt(i4) Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 111111111111111 20061024001204 PACIFIC NW TIT AG 37.00 PAGE001 OF 008 KING4COUNTY,14:19 Above this line reserved for recording information. SANITARY SEWER OM v4501._ V NON-REMONSTRANCE IMPRAGREEMENTVEENT#111 `Dd31 Reference #(if applicable): Grantor/Borrower: Steve Gallagher Eva Gallagher Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE-33-21-05 Assessor's Tax Parcel ID#: 332105-9026 THIS AGREEMENT is made between the CITY OF AUBURN, a municipal corporation, and Steve and Eva Gallagher, whose address is 4131 53rd ST SE, Auburn, WA 98092, as record Owner(s), of real property legally described as follows: 332105 26 LOT 1 OF AUBURN SHORT PLAT# SPL0002-99 REC #20000302001422 SD SP DAF - S 1/2 OF NW 1/4 OF SE 1/4 OF SEC 33-21-5 LESS CO RD Also Known As TL#332105-9026. 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 4131 53rd ST SE also known as 332105 26 LOT 1 OF AUBURN SHORT PLAT#SPL0002-99 REC#20000302001422 SD SP DAF - S 1/2 OF NW 1/4 OF SE 1/4 OF SEC 33-21-5 LESS CO RD. Said document{s)were Sed for record by Pacific Northwest Tlt#e as accommodation only. It has not been SANITARY SEWER IMPROVEMENT examined as to proper exsotikm�r NON-REMONSTRANCE AGREEMENT ale to Its effect upon iiia. Page 1 of 4o • 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 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 4 NON-REMONSTRANCE AGREEMENT Page 2 of (p CITY SIGNATORY PAGE deo- :lic orks P rector 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 915/* 1 EAp�111aV:e_AA-/ . svONFi �l E�RJ R C 5 :o �,oTA-y 9N•. Notary Public in and for the State of Washington • 's residing at i u},cf) � '1,(5,�. PUBL\G o My appointment expires ti/i 9/0 y-19)31.../ • SANITARY SEWER IMPROVEMENT • NON-REMONSTRANCE AGREEMENT Page 3 of (o • pp/ G 7-7-cc Its Owner / Date Owner Date STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Steve and Eva Gallagher are the person(s) 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 - /— 0 6 �(�"l lel 0 It �C, t. Z , Gt 1'z A E 8 i- c- , - ,f): Notary Public and fo the S ate of Washington residing at / eK - Q- ( tod .;; My appointment expires /,o 7 ° ''`yam__ tiVASH‘ SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 4 of (p CITY SIGNATORY PAGE • •lic ► orks P rector 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 913/bto Sbil,enAj C)c6 SONF�SF �i/. E ri; o ,OTARk N'; Notary Public in and for theP Mete-ef �i Z s •`.� s residing at ism,c.4) A 3 zj `G , N�:.• UBS o My appointment expires ; ////9atip////9aYAA!C' ��;•r1 19.0�••�C��.;'r ► /01011!1H2AW 10 NI I VVl4 . • C `..r't?ittn e914-ir1 ttotexrnwm,:"1M •SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 3 of. 1 • fel A,! 4 • ner Date Owner Date STATE OF WASHINGTON) )ss. County of KingAt< ) I certify that I know or have satisfactory evidence that Stamaaand Eva Gallagher the person(s) who appeared before me, and said individuals acknowledged that t# " signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. Dated Q - (o - c(X0(o 4102P1421. ��I/ KATHLEEN L. GREErs1,14 /ffi77J .N L 6 2EEil NOTARY PUBLIC NotaryPublic in and for the State of Washington STATE OF WASHINGTON residig at c�GfieY1,C� I 9 Mycommission Expires Mar 05.2007 My appointment expires /ice, SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 4 of