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HomeMy WebLinkAbout20070215002018 SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT 121306. Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 111111111111111111111111 5002018 35.00 _ Above this line reserved for recording information. Pt►wT ws6q+-%a SANITARY SEWER IMPROVEMENT I3S NON-REMONSTRANCE AGREEMENT #113 LTI :e # (if applicable): Grantor/Borrower: Auburn Park 44 PG LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW-36-22-04 Assessor's Tax Parcel ID#: 936000-0035 THIS AGREEMENT is made between the CITY OF AUBURN, a municipal corporation, and Auburn Park 44 PG LLC, whose address is 16400 Southcenter Parkway, Suite 502 Seattle, WA 98188, as record Owner(s), of real property legally described as follows: 7 WHITE RIVER VALLEY HOME TRS Also Known As TL #936000-0035. In consideration of the conditions herein, the parties agree as follows: APPROVAL The Owner has requested City approval of the following specified application: Connection directly to the METRO sewer line rather than constructing required gravity improvements along the frontage of the parcel on 44"' ST NW. The City hereby approves the Owner's application subject to the following conditions: SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT #113 Page 1 of 4 Said document(s) were filed for re¢crd by Pacific Northwest Tide as af0wrimodation only. It has not been ewawned as to proper exeoutlon er s to ft affect upon title. 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. 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 #113 Page 2 of 4 CITY SIGNATORY PAGE Public Works Direc 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 instrument. Dated /'~a e, : SON E,y,F~ U; : 9~,•. Notary Pub 'c in and for residing at. C_Q My appointment expires s PuV\r :.R, ,,psi sT Y 1.19 CA ,.r` \N P~'-" OF SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT #113 Page 3 of 4 Aix, Mananging Member Date STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that Bart Brynestad 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 acknowledge as the managing member of Auburn Park 44 PG LLC_ a limited liability company, to be the free and voluntary act of such parry for the uses and purposes mentioned in the instrment. Dated / u6 7 o Notary Public in and for the State of Washington Residing at % ~e _ My appointment expires a SUZI SCIAINI Notary Public State of Washington My Commission Expires February 22, 2010 SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT #113 Page 4 of 4