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Home My WebLink About20031110001395 SANITARY SEWER IMPROVEMENT N ! A _ S y Return Address: (L4 (2) City of Auburn City Clerk 25 West Main — Auburn, WA 98001 10 JJ1110001395 PACIFIC NW TIT AG 22.00 PAGE001 OF 004 11/10/2003 15:47 KING COUNTY, WA Above this line reserved for recording information. SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT#89 Reference # (if applicable): Grantor/Borrower: Christopher Stearns2 "L 'PN W Grantee/Assignee/Beneficiary: City of Auburn 1,J l 2 y Legal Description/STR: SE 05-21-05 Assessor's Tax Parcel ID#: 221250-0200 THIS AGREEMENT is made between the CITY OF AUBURN, a municipal corporation, and Christopher Stearns, whose address is 12311 SE 223rd DR, Kent, WA 98031, as record Owner, of real property legally described as follows: 2 EASTRIDGE MANOR # 2 LOT 3 LESS POR DAF BEG NW COR SD LOT 3 TH ALG W LN S 0-23-27 W 140 FT TO SW COR TH N 5-17-18 E 140.56 FT TO N LN SD LOT 3 TH ALG SD LN N 89-49-56 W 12FT TO POB-PER KC LLA#1180026. Said docurri:~r:4s$ware Med c.r Also Known As TL #221250-0200. record by Pacific itiorthwest Title as accommodation only.It has not beer In consideration of the conditions herein, the parties agree as followgi as as to its e7 ,, 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 108xx SE 299TH PL also known as 2 EASTRIDGE MANOR # 2 LOT 3 LESS POR DAF BEG NW COR SD LOT 3 TH ALG W LN S 0-23-27 W 140 FT TO SW COR TH N 5-17-18 E 140.56 FT TO N LN SD LOT 3 TH ALG SD LN N 89-49-56 W 12FT TO POB-PER KC LLA#1180026. SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT#89 Page 1 of 4 i t 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 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#89 Page 2 of 4 CITY SIGNATORY PAGE _a: Pu•illic Works Dire .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 uses and purposes mentioned in this instrument. Dated �ia3 N•‘ M. y��/ 4 • _ •• sioN 911ozL 0yo�OTAgY 9m• • *• � D/J i vim! • a& '. PUB OG Notary Public in and for the State of Washington �� ••. 3 =•p=: My appointment expires„3"-07 91•••. -29• ;p1.. ' I,414,OF WAS ':� SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT#89 Page 3 of 4 • 1 / _ � N i.., . .. I _ ,✓ of Owner Date Owner Date STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Christopher Stearns 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 instrument. Dated U��m4' 2903 IIP / dilt4410 N\EK.0 ��,� / / �i /� ` , Notary PGblic in and for the State of Washington T F 9 R` ' ,d'r� A/- ' , �=° N� A y N•;p , residing at per•G My appointment expires -7e_A--29.4-2oa '1%17;•••••:9-29-01/6` S\ SANITARY SEWER IMPROVEMENT NON-REMONSTRANCE AGREEMENT#89 Page 4 of 4