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Home My WebLink About20050309001895 Sanitary Sewer Agreement 20050309001895.001 Return Address: City of Auburn 25 W Main ST Auburn,WA 98001 20050309.301895 PACIFIC NW TIT AG 22.00 PAGE001 OF 004 03/09/2005 15:35 KING COUNTY, WA Above this line reserved for recording information. SANITARY SEWER AGREEMENT Joint Side Sewer&Hold Harmless Agreement Reference#(if applicable) 5m(s)wete Mettler Grantor/Borrower: Jayne Criddle I t Y Pacific Northwest Tft$e as Grantee/Assignee/Beneficiary: Viktor Mamcbich t orxmlod:awn only.it has tot b' c�xaned as to proper exec. qr Beneficiary: City of Auburn is *affect epee tom. Legal Description/STR: SE 05-21-05 Assessor's Tax Parcel ID#: 221240-0030;221240-0100&221240-01rr10 LEGAL DESCRIPTIONS clg -t Parcel 1 LOT 3 EASTRIDGE MANOR ADD LESS C &M RTS Parcel 2 LOT 10 EASTRIDGE MANOR ADD LESS C&M RTS Parcel 3 LOT 11 EASTRIDGE MANOR ADD LESS C&M RTS AGREEMENT This Agreement made and entered into this 25441 day of ,J 4,m,f ayty 2005, by and between the GRANTORS, Jayne Criddle, owner of Parcels 1 and 2 and her heirs, successors and assigns, and GRANTEE, Viktor Mamehich, owner of the Parcel 3 and his heirs, successors and assigns. Hereinafter referred .to as the GRANTOR and the GRANTEE respectively. WHEREAS, the GRANTEE has requested a variance to Auburn City Code 13.20.280 for the establishment of a single side sewer to service two buildings; and WHEREAS, the City of Auburn has granted this variance conditioned upon the recording of a joint side sewer agreement and a hold harmless agreement between the GRANTOR and the GRANTEE, owner's of Parcels 1,2 and 3 as described above; and Joint Side Sewer&Hold Harmless Agreement Page 1 of 4 20050309001895.002 • WHEREAS, Parcels 2 and 3, share a common side sewer connection to the City sanitary sewer main, and WHEREAS, Parcel 2 and 3, have the potential to impact the flow of wastewater from the structures located upon both parcels,such that damages may result to either parcel from the other. WHEREAS, GRANTEE has agreed to extend the joint side sewer to serve Parcels 2 and 3 at his own expense and to pay any associated latecomer fees or assessments owing for the connection to the sewer main in 112th AV SE with no additional expense to GRANTOR. The GRANTOR and the GRANTEE do hereby agree as follows: JOINT SIDE SEWER The GRANTOR. and the GRANTEE shall be solely responsible for the maintenance and repair of the sewer line running from the structures on their parcels to the joint hookup connection located on the north side of Parcel 1. Both the GRANTOR and the GRANTEE shall be jointly responsible on an equal 50/50 basis for the maintenance, operation, and repair of the shared side sewer lateral that extends sewer service from the City of Auburn's sanitary sewer main to and including the joint hookup connection of the two parcels' private side sewers. Both the GRANTOR and the GRANTEE shall be jointly responsible on an equal 50/50 basis for damages that may occur upon said properties due to improper maintenance, operation or repair of the shared side sewer lateral that extends sewer service from the City of Auburn's sanitary sewer main to and including the joint hookup connection of the two parcels' private side sewers. GRANTEE and the GRANTOR shall have the right to establish a backwater valve upon their private individual side sewer to protect against sewage backups. This Section is an appurtenant to this Agreement and shall run with the land; and the terms thereof shall be for the benefit of the GRANTEE, GRANTOR, their heirs, successors and assigns, and shall be binding upon, GRANTEE, GRANTOR, their heirs, successors and assigns. HOLD HARMLESS The GRANTOR and the GRANTEE release and shall defend, indemnify and hold harmless the City of Auburn, its heirs, successors, and assigns, and the respective directors, officers, employees, contractors,' and agents of Auburn and its heirs, successors and assigns (collectively referred to as the "Indemnities") from any and all claims, losses, costs, liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or in connection with the use of a single side sewer connection to the City of Auburn sanitary sewer main, extending sewer service to the GRANTEE and GRANTOR parcels, and any default under or breach of this agreement by the GRANTOR and/or the GRANTEE in connection with this agreement. To the fullest extent permitted by applicable law, the foregoing release, Joint Side Sewer&Hold Harmless Agreement Page 2 of 4 20050309001895.003 indemnity and hold harmless shall apply regardless of any act, omission, fault, negligence or strict liability of the Indemnities; provided, however, that GRANTOR and the GRANTEE shall not be required to so indemnify any Indemnities against any claim, loss,cost, liability,damage or expense to the extent the same is solely caused by or results from the negligence of any Indemnities. This Agreement is given without cash consideration, and is for the purpose of legally establishing an understanding for the use of a single side sewer to serve two parcels. This Agreement shall be a covenant running with the above-described real properties and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Dated this 2.54' day of ..TGl 11 toe,. , 2005. • GRANTOR 1 / • '� sn J. e Ilk • tddie to GRANTEE /pq E/0 Vikt r Mamehich Date DH Ref: H:1Sewer\Mamchich Joint Side Sewer.doe Joint Side Sewer&Hold Harmless Agreement Page 3 of4 20050309001835004 A STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Jayne Criddle is the person who appeared before me, and said individual acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrtmen . Dated , ? 4105 e C—R " e ...�.. Pry O _ • p) `,� e m Notary Public i and for theState of Washington a° ;, J residing at at- €_ °°Q �y''•. 9 o�.•' C7 _ My appointment expires ,. /9 /o r"1 ti,0F STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Viktor Mamchich is the person who appeared before me, and said individual acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrume t. Dated i 4`ay�,.�rra\\\\t va goie OTA 1�'�, ,,1 , Notary Publ i and for t S�o Washi gton °p'S'l ' ,6:29- 1, residing at t-, 'th C7fi'WAg�N...b~ My appointment expires Joint Side Sewer&Hold Harmless Agreement Page 4 of 4 1