HomeMy WebLinkAbout20030912001254 SANITARY SEWER IMPROVEMENT 1111 10 0111 11 0 01 11 11 0
Return Address: 20030912001254
City of Auburn BERTELLOTTI, G AG 22.00
City Clerk PAGE 001 OF 004
25 West Main KING2COUNTY,11:33
Auburn, WA 98001
M 3p - 21 -s
(I lOC)
Above this line reserved for recording information.
SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT#86
(Reference # (if applicable):
Grantor/Borrower: Gerald Bertellotti
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NW 30-21-05
Assessor's Tax Parcel ID#: 787740-0355
THIS AGREEMENT is made between the CITY OF AUBURN, a municipal corporation,
and Gerald and Patricia Bertellotti, whose address is 208 31st ST SE, Auburn, WA 98092, as
record Owner(s), of real property legally described as follows:
10 5 SOUTH AUBURN GARDEN TRS.
Also Known As TL#787740-0355.
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 208 31st ST SE also known
as 10 5 SOUTH AUBURN GARDEN TRS.
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
SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT #86
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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 #86
Page 2 of 4
CITY SIGNATORY PAGE
Public Works Dir-/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 usesnd purposes mentioned in this instrument.
Dated 2/030/0,,3
CM
dri9--A—
/ le� �pTARy ON%/9cn, .*eei ��/B' a . z44Y1
pec : PUgI�G Z ; Notary Public in and for the State of Washington
•
• o?
eeeeiNq� ,•3-29:01.•C, My appointment expires 3 -aq-o3
8114OF WAS =
SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT #86
Page 3 of 4
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4 ,// � ��/2 x'27 05
Owner Date
a_y^ /44rge 8---d D
Owner `' Date
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Gerald and Patricia Bertellotti 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 the uses and purposes
mentioned in this instrument.
Dated ittej 21, 2003
- - - - -- - - -- - - a. �b�c2v
I
NotaryPublic
State of Washington ` Notary Public in and for the State of Washington
' DEE A. BLACKBURN • residing at )Oi -V(,e Co •
My Appointment Expires May 1. 2007 ( My appointment expires 1imC2r- 0/, 20z)7
File 3.6.4
H:\Correspondence\Sewer Misc\Bertellotti Non Remonstrance.doc
SANITARY SEWER IMPROVEMENT
NON-REMONSTRANCE AGREEMENT #86
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