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
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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