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HomeMy WebLinkAbout20040316001796 NONREMONSTRANCE 031604S 3 3 7~ , 05 " Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 1111111111111111111 600179 22.00 MINE TAY NOT R- !Ci Co. Ramrc>3 c Above this line reserved for recording information. SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT #90 Reference # (if applicable): / Grantor/Borrower: Kevin Erickson PN wT UJ r7 to a 6 -12.- Grantee/Assiignee/Beneficiary: City of Auburn Legal Description/STR: SW 33-21-05 Assessor's Tax Parcel ID#: 332105-9047 THIS AGREEMENT is made between the CITY OF AUBURN, a municipal corporation, and Kevin Erickson, whose address is 6421 Pearl Ave SE, as record Owner(s), of real property legally described as follows: 332105 47 NW 1/4 OF N 1/2 OF E 1/2 OF W 1/2 OF SE 1/4 OF SW 1/4 LESS CO RD LESS C/M RGTS Also Known As TL #332105-9047. In consideration of the conditions herein, the parties agre6iM` oolows':' i thwTz3 ~f ?►c It has no? t ewarnined rr :n r-" I?' Gx r l,...: 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 5421 Pearl Ave SE also known as 332105 47 NW 1/4 OF N 1/2 OF E 1/2 OF W 1/2 OF SE 1/4 OF SW 1/4 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 #90 Page 1 of 4 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 #90 Page 2 of 4 CITY SIGNATORY PAGE STATE OF WASHINGTON) )ss. COUNTY OF KING ) /2/2y/d_3 P c Wars Direct Date 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 instrument. Dated I a, ~iNA lQ 3 •~jr~~$1pNF y~~ f~ 0. Cn: c....~ N~'• pU8 Orl •3-29-01 ~O_ L-211 residing at _X~ My appointment expires SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT #90 Page 3 of 4 Owner Date Owner Date STATE OF WASHINGTON) )ss. County of King ) A nc>t rc.e ane, I certify that I know or have satisfactory evidence that Kevin Erickson is the personswho appeared before me, and said individualsacknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. Dated 1-((0-04/ t~ Not Pdlq~t in and for the State of Washington res'ding at 4j.,4,L1)u -vi... My appointment expires _ 2_/6_060 SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT #90 Page 4 of 4