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HomeMy WebLinkAboutSANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT j9 - ; if:7/ 2/" r Return Address: (VA City of Auburn City Clerk 25 West Main Auburn, WA 98001 1111 11 11111E1111 20110112000520 PACIFIC NW TIT AG 65.00 PAGE-001 OF 004 KINGZCOUNTY12WA9 Above this line reserved for recording information. ( SANITARY SEWER IMPROVEMENT r1uo NON-REMONSTRANCE AGREEMENT (._1gq Reference # (if applicable): Additional on page: Grantor/Borrower: 1) Virginia Cross 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: S19, T21N, R5E Additional on page: Assessor's Tax Parcel ID#: 1450000190 THIS AGREEMENT is made between the CITY OF AUBURN, a municipal corporation, and Virginia Cross, whose address is 604 24th Street SE, Auburn, WA as record Owner(s), of real property legally described as follows: Lot 19, Cedar Lanes, according to the plat thereof recorded in Volume 61 of Plats, Page 83, in King County, Washington. Also Known As TL# 1450000190 In consideration of the conditions herein, the parties agree as follows: 1. APPROVAL The Owner has requested City approval of the following specified application: Connection of a side sewer via an easement through a neighbor's property in lieu of extending the public sewer main within the Right-of-Way. The City hereby approves the Owner's application subject to the following conditions: SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 1 of Lj 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 if • CITY SIGNATORY PAGE WI-9A) ublic Works Dire or 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 /, L \k),E �Y � Notary Public jri and for the St te of Washington residing at I `< < < i' My appointment expires / /7 l ( 47 A Aft rtZr, sZ ' SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 3 of di INDIVIDUAL SIGNATORY PAGE Ofw �L er U..j6Date Owner Date STATE OF WASHINGTON) )ss. County of King ) r Ciiv,s(s I certify that I know or have satisfactory evidence that (1111 and is/ re tie person(s) who appeared before me, and said individuals(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated ► 2 -�'L(� dAkePvIAJ--, �A.,�a,y�` ', Notary Public in and for the State of Washington 4_,x,6S.t ARt 'A residing at Pcu,4r,n.ww‘ Qr.o i *^; My appointment expiresI )0� *(/EIV‘ e1,_= A.:402-24- "‘" .:4 02.24- SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT Page 11 of'Li