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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 ►►'►► xr �55 _ A 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 Page 4 of 4