HomeMy WebLinkAbout20031013002922 SANITARY SEWER IMPROVEMENT r w ?' 13 • 1
Return Address: L'
City of Auburn S E 33 -21-C
City Clerk i44)
25 West Main — —
Auburn, WA 98001
1 11111111111111111
20031013002922
PACIFIC NW TIT AG 22.00
PAGE 001 OF 004
10/13/2003 15:14
KING COUNTY, WA
Above this line reserved for recording information.
SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT #88
Reference # (if applicable):
Grantor/Borrower: Don Cunningham Z2 PN 1 T''
uj S
Becky Henderson 1
Grantee/Assignee/Benefici City of Auburn Said document(s)were tib
a ry' record by Pacific Northwest Titre as
Legal Description/STR: SE 33-21-05 accommodation only.If has not been
Assessor's Tax Parcel I D#: 332105-9069 examined as to proper execx Jon or
as to its atrc upon title.
THIS AGREEMENT is made between the CITY OF AUBURN, a municipal corporation,
and Don Cunningham and Becky Henderson, whose address is 107 H ST SE, Auburn, WA
98002, as record Owner(s), of real property legally described as follows:
69 LOT 2 AUBURN SP 10-78 REC AF #7806200356 SD PLAT DAF E '/2 OF SW ' OF
SE ' LESS CO RD LESS C/M RGTS.
Also Known As TL#332105-9069.
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 5323 Ward Ave SE
also known as 69 LOT 2 AUBURN SP 10-78 REC AF #7806200356 SD PLAT DAF E 'h
OF SW ' OF SE ' LESS CO RD LESS C/M RGTS.
The City hereby approves the Owner's application subject to the following conditions:
SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT#88
Page 1 of 4
EXCISE TAX NOT REQUIRED
King CpuD Records Division
BY: \ ' _ U ,Deputy
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 the Owner shall pay a pro-rata fair share.
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#88
Page 2 of 4
CITY SIGNATORY PAGE
4111111,- O'Y
Public Works Direct- 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 instrumnt
Dated 1j
eq/a.5103
m.......... c).40A, //i
O OTAgY'",,: is
u PUB�1G 2 to Public in and for the State of Was ington
,`O s My appointment expires -Ai"0
�, s Op WASH\�O-
44
SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT#88
Page 3 of 4
Qk O. '=' �' ' 10
ner Date
4J2 /6/01 /03
Owner Date
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Don Cunningham and Becky
Henderson are the persons who appeared before me, and said individuals
acknowledged that they signed this instrument and acknowledged it to be their free and
voluntary act for h uses and purposes mentioned in this instrument.
Dated /07//0
SON`M• L.yO ►►'►►
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10N F ••
:•o��oTARy V: ?60ivi m. LY°iV
* A Stateoff WNotary Public_ and for th aassh'ington
N�,'•. �aL1 'o residing at ;e[SG
L ,
►'4,I wAsNV� . My appointment expires 'c29 D •
H:\Correspondence\Sewer Misc\5323WardAveNonRemon.doc
SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT#88
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