HomeMy WebLinkAboutSANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT #81 20030603002582 'Cv1 - r �
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Return Address: r'
City of Auburn
City Clerk
25 West Main
Auburn, WA 9800111111'1111
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20030603002582
PACIFIC NW TIT AG 22.09
PAGE 001 OF 004
KING3COUNTY, WA
Above this line reserved for recording information.
ti y2 Pt)wi SANITARY SEWER IMPROVEMENT
W (s I I c I i NON-REMONSTRANCE AGREEMENT #81
Reference # (if applicable):
Grantor/Borrower: Dan And Deanna Johnson
Grantee/Assignee/Benefici City of Auburn
ary:
Legal Description/STR: SW 33-21-05
Assessor's Tax Parcel ID#: 332105-9025
THIS AGREEMENT is made between the CITY OF AUBURN, a municipal corporation,
and Dan and Deanna Johnson, whose address is 5001 Jasmine AVE SE, Auburn, WA 98092,
as record Owner(s), of real property legally described as follows:
25 E 66 FT OF W 330 FT OF SE '/4 OF SW 1/4 LESS CO RD LESS C/M RGTS ALSO
SUBJECT TO LLA01-0031 KING COUNTY RECORDING NUMBER 20011126002562.
Also Known As TL#332105-9025.
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 36xx 53RD ST SE
also known as 25 E 66 FT OF W 330 FT OF SE 1/4 OF SW 1/4 LESS CO RD LESS C/M
RGTS ALSO SUBJECT TO LLA01-0031 KING COUNTY RECORDING NUMBER
20011126002562.
The City hereby approves the Owner's application subject to the following conditions:
SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT#81
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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#81
Page 2 of 4
CITY SIGNATORY PAGE
7/Y40)
Public Works Di for 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 she signed this instrument, on oath stated that she 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 3
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N °UBL\0 .Z Notary Public in and for the State of Washington
,` •• :�`O My appointment expires 3'a 9-07
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SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT#81
Page 3 of 4
•
ner Date
Owner 61:71 -k)b ' 11/1" / Dat
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Dan and Deanna Johnson are
the person 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 5.?-7- 03
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.o NOTAR •$;
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i : PUBLIC gyp' Notary Public in and for the State of Washington
� residing at
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SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT#81
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