HomeMy WebLinkAboutSANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT 20050309001888 j 2 1
(1012)
Return Address:
City of Auburn
City Clerk
25 West Main III I 0 11 111111 11 1 11 11 11 11 1 11
Auburn, WA 98001
20050309001888
PACIFIC NW TIT AG 22.00
PAGE001 OF 004
03/09/2005 15:35
KING COUNTY, WA
Above this line reserved for recording information.
SANITARY SEWER IMPROVEMENT
LA--h- NON-REMONSTRANCE AGREEMENT
Reference# (if applicable):
Grantor/Borrower: Michael S. Starr and Candice E. Star,
Husband and Wife
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SE 1/4, 20-21-05E ! '
Assessor's Tax Parcel ID#: 259900-1660-02
THIS AGREEMENT is made between the CITY OF AUBURN, a municipal
corporation, and Michael S. Starr and Candice E. Star, Husband &Wife, whose address is
1820 GINKGO ST SE AUBURN, WA 98092, as record Owner(s), of real property legally
described as follows:
LOT 2, BLOCK 8,FOREST VILLA ADDITION TO THE CITY OF AUBURN,ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 62 OF PLATS, PAGES 15 AND 16,
RECORDS OF KING COUNTY, WASHINGTON TOGETHER WITH THAT PORTION OF
VACATED HEMLOCK STREET THAT WOULD ATTACHED BY OPERATION OF LAW.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
Also Known As TL#259900-1660-02
In consideration of the conditions herein, the parties agree as follows:
Saki documents)were filed for
record by Pacific Northwest Title as
accommodation only.It has not been
examined as to proper execution a
SANITARY SEWER IMPROVEMENT as its affect upon title.
NON-REMONSTRANCE AGREEMENT#93
Page 1 of 4
1. APPROVAL
The Owner has requested City approval of the following specified application:
Construction of SANITARY SIDE SEWER for their home at 1820 GINKGO ST SE,
AUBURN, WASHINGTON 98092
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, 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#93
Page 2 of 4
4- 2/947
Michael S. Starr Date
/-2'/y-`
Candice E. Slarr Date
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Michael S. Starr_and
Candice E. Starr are the person(s) who appeared before me, and said
husband and Wife 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 n l 1A; 3Z`l'
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AXr•'2 07 Notary Public in and for the State of Washington
moi h$ residing ai r' .
Wq �\" My appointment expiresIN /2' ✓`t/
SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT#93
Page 3 of 4
APPROVED
ea. a I ( GC(
Dennis R. Dowdy / 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 //6-/0 y
s (P a��®y w' Notary Public in and for the State of Washington
. .� • Ufa 1 IG
y • o_ residing at } lc-'1 QC ,� �u ^I+
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4ol, 1 4 My appointment expires /// ry /C
REF. H:\FORMS\FE083 (12/96)
SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT#93
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