HomeMy WebLinkAbout2006040600312 SANITARY SEWER IMPROVEMENT . -)1 -21- tS ( ion)
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Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001 11 11 NI 11111IIIIIIIII
20060406000312
PACIFIC NW TIT AG 35.00
PAGE001 OF 004
KINGOCOUNTY08WA
Above this line reserved for recording information.
SANITARY SEWER us-Ys- -S
NON-REMONSTRANCE AGREEMENT #104 L\
Reference # (if applicable):
Grantor/Borrower: 1)Felipe Delamora 2)Ernestina Muniz
Said documents)wets flied for
Grantee/Assignee/Beneficiary: City of Auburn record by Pacific No.tht Title as
Legal Description/STR: SW 21-21-05 accommodation only.It has not been
Assessor's Tax Parcel ID#: 212105-9066 examined as to proper execution oras to its attACt upon titic.
This AGREEMENT is made between the CITY OF AUBURN, a municipal corporation,
hereinafter referred to as CITY, and Felipe Delamora and Ernestina Muniz, as record Owner(s),
hereinafter referred to as OWNER, successors in interest, heirs and assigns whose address is
3441 Auburn Way South, Auburn, WA 98092, and legally described as:
King County Tax lot#212105-9066
BEG 436.98 FT N OF SW COR OF E 1/2 OF E 1/2 OF SE 1/4 OF SW 1/4 OF SW 1/4
TH S 69-07-00 E 49.61 FT TH N 24-49-02 E 135 FT TH N 00-41-00 E TO SLY MGN OF
HWY TH WLY ALG HWY TO PT N OF BEG TH S TO BEG
In consideration of the conditions herein, the parties agree as follows:
1. APPROVAL
The OWNER has requested CITY approval for the repair of the existing on-site sewage
disposal system (septic tank and drain field) located upon the OWNER's 3441 Auburn Way
South property. The repair shall be permitted, inspected and approved by the King County
Health Department. The OWNER has requested CITY approval of this work in lieu of
connecting to the public sanitary sewer system at this time in an effort to avoid excessive costs
SEPTIC TANK—SIDE SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT#104
Page 1 of 4
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associated with construction of the side sewer within the public right of way of Auburn Way
South.
The CITY approves of the OWNER's request to fix the existing on-site sewer disposal system
subject to the following conditions:
A. The OWNER agrees to execute and be bound by the terms of this agreement,
and
B. The OWNER agrees to extend a private side sewer from their home their
property line with Auburn Way South under the CITY's standards for side sewer
installations. This side sewer would be installed at this time to enable the future
abandonment of the on-site sewage system.
C. The OWNER agrees to connect to the public sanitary sewer system and
abandon his on-site sewage system within 30 days of being notified by the CITY
that a side sewer stub from the public sewer system has been connected to the
sewer stub established at the property line, as noted in item B above, and
D. The OWNER agrees to pay any system development charges and permit fees
required at the time of said connection with the public sewer main.
Execution and recording of this document will be considered acceptance by the OWNER of
these conditions. Failure to comply with these conditions will allow the City of Auburn to
completing the work and
2. 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.
3. 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.
4. 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.
SEPTIC TANK—SIDE SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT#104
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CITY SIGNATORY PAGE
—u'c or s Directs1 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 /J4//a
lb ;' kirlal
BAtiol lot B,
1, Notary Publicin and for the S ate of Washington
:�°_'� `�: ? residing at u2±., CLAN
Vy*°• r.. 1 ��: My appointment expires 4/// 9,6 7-
SEPTIC TANK—SIDE SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT#104
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Owner 03-g 7_d6 Date
x--74,f1o�g a3 02 06wner Date
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Felipe Delamora and Ernestina
Muniz 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 )‘- 9 it(49
e`��L.BAS ‹,_.0� �-��✓`� ! _
c....Ry9N: Notary P I c in and for the State of Washington
N puB��G o2: residing at L,,.�
i �F'••'r:19:..,;
I'itq1-... My appointment expires / ///7/0
H:\StaffFiles\Darcie\Sewer\3441 AWS Non Remon.DOC
SEPTIC TANK—SIDE SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT#104
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