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HomeMy WebLinkAbout6602 ORDINANCE NO. 6 6 0 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PAYBACK AGREEMENT BETWEEN THE CITY OF AUBURN AND WARM HOMES INC. FOR UTILITY EXTENSIONS WHEREAS, Chapter 3.25 of the Auburn City Code (ACC) authorizes the City Engineer to develop, implement and administer, and the City Council to approve, extension payback agreements for utility improvements; and WHEREAS, Warm Homes Inc. has constructed the utility improvements described in the payback agreement that is attached as Exhibit D; and WHEREAS, Warm Homes Inc. has provided the City with a map and legal descriptions identifying the boundaries of the assessment reimbursement area and each parcel that shall be subject to an assessment for the utility improvements; and WHEREAS, Warm Homes Inc. has provide the City with the total cost of the improvements and a preliminary reimbursement roll showing the proposed assessment for each parcel of property within the assessment reimbursement area; and WHEREAS, the City notified each owner of record of a lot, tract, or parcel within the reimbursement assessment area, through publication and certified mail, of a public hearing to consider this ordinance; and WHEREAS, the City Council held a public hearing and took testimony on the desirability and sufficiency of the assessment reimbursement area, the Ordinance No. 6602 June 20, 2016 Page 1 of 3 methods of calculating reimbursement assessments, and the assessment amounts; and WHEREAS, the City Council finds that entry into the payback agreement is in the best interest of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The assessment reimbursement area that shall be subject to assessment by the City for the cost of the utility system improvement completed by Warm Home Inc. is established as that area described in Exhibit A and shown in Exhibit B, both exhibits herein incorporated herein by this reference. Section 2. The amount of the reimbursement assessment to be charged to each lot, tract or parcel within the assessment reimbursement area is established as those amounts listed in Exhibit C, which is incorporated herein by this reference. Section 3. The Mayor of the City of Auburn and the Auburn City Clerk are herby authorized to execute an Agreement between the City of Auburn and Warm Homes Inc. for the collection of assessments in the amounts and from the owners of the lots, tracts, and parcels established in this ordinance, which agreement shall be in substantial conformity with the agreement attached hereto, marked as Exhibit D and incorporated herein by this reference. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 6602 June 20, 2016 Page 2 of 3 Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: JUN 2 0 2016 PASSED: JUN 2 0 2016 APPROVED: JUN 2 0 2016 N$(NCcY BA 145 A ATTEST: Danielle E. Daskam, City Clerk AFRO D * FORM: A_ A d. iel B. Heid, eit Attorne Published: L� �,� l9/ D,L\/a,\u Ordinance No. 6602 June 20,2016 Page 3 of 3 Exhibit A Ordinance 6602 Legal Description of Assessment Reimbursement Area Beginning at a point 140 ft. east and 212 ft. south of the northwest corner of the northeast 1/4 of the southeast 1/4, of Section 30, Township 21 North, Range 5 East, thus east 190 ft., thus south 230 ft., thus west 100 ft., thus north 10 ft., thus west 90 ft., thus northerly 220 ft. to the point of beginning. 1 1 .6 RCE's (DUPLEX) 1 RCE I ill I 1 1 1 3021059204 ' 1 3021059276 4I , I I I I 'f," I N P U) A I SEMS — i U) R�,MSVR , C 0 M PL SE I.r%4 I 1 RCE I. FA 000 I I 3 N I CD 3 I 1 RCA-- > I I I I ID I I 1 3021059196 3021059197 1 1 I - I I I I I J 1 1 � I Exhibit C Ordinance 6602 Warm Homes Sanitary Sewer Benefitting Parcels Basis of Charges: Total Project Cost = $ 32,510.41 Total RCE's of benefitting properties = 4.6 (3 single family residences and one duplex) Total cost per RCE = $7,067.48 Parcel Current Calculated Project Costs Reimbursement Address Number Owner RCE's Apportionment Amount 3330 M Richard L 1 (Single Place 302105 Baldwin Family SE -9197 - +Schmaltz Home) $7,067.48 $7,067.48 3324 M Victor 1 (Single Place 302105 A+Renee Family SE -9204 Tobias Home) $7,067.48 $7,067.48 3312 M Place 302105 Parker Rental 1.6 SE -9276 Holdings LLC (Duplex) $11,307.97 $11,307.97 3334 M 1 (Single Place 302105 Warm Family SE -9196 Homes, Inc. Home) $7,067.48 0* Total $32,510.41 $25,442.93 *Developer contribution was made at the time of construction. Exhibit D Ordinance 6602 Payback Agreement 2016-01 (16 pages) cwsi AMERI6AN III I II _I IIII , II II I IUHihIII II Return Address: 20160706001053 Auburn City Clerk FIRST AMERICAN AG 89.96 City of Auburn 07/06//2016F13:17 25 West Main St, KING COUNTY, WA Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Payback Agreement Reference Number(s) of Documents ❑Additional reference Ws on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) City of Auburn Grantee/Assignee/Beneficiary: (Last name first) Warm Homes, Inc Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) 30 /21/ 5 X❑Additional legal is on page 11 & 12 of document. Assessor's Property Tax Parcel/Account Number 302105-9197 302105-9204 302105-9276 302105-9196 ❑Assessor Tax#not yet assigned Said documents were flied of recur d as an accomodation only. It has not been examined as to Proper execution or as to its effect upon title Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. PAYBACK AGREEMENT 2016-01 DEVELOPER'S EXTENSION Reference#(if applicable): N/A Grantor : City of Autibrn Grantee : 1)Warm Homes, Inc.. Legal Description/SIR: Section 30,Township 21 N, Range 5 E Assessor's Tax.Parcel ID#: 3021059196 N '' This Agreement made and entered into this d day of , 2016, by and between the City of Auburn, a.municipal corporation of King County, Washington, hereinafter called the CITY and Warm Homes Inc,hereinafter referred to as DEVELOPER. WHEREAS, pursuant to Chapter35.91 RCW et seq.,the CITY has by Ordinance No. 6602 adopted by the City Council of the CITY on the ,-,28e:-.-day of , 2016, approved the execution of this Payback Agreement with the DE LOPER above and referring to facilities described herein; and Payback Agreement 2016-01 May 23, 2016 Page 1 of 8 WHEREAS,the above-described DEVELOPER has offered and the CITY has agreed to accept the sewer facilities described in Exhibit 1, Bill of Sale, attached hereto, as part of the utility systems of the CITY; NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: I. DEVELOPER At the time of construction, the above-described DEVELOPER was the record OWNER of real property legally described as shown on Exhibit 2 submitted by the DEVELOPER and attached hereto. The real property described is also identified as parcel number 3021059196, City of Auburn, King County, Washington. II. FACILITIES The facilities which have been constructed by the DEVELOPER herein are as shown in the attached Exhibit 3, incorporated herein by this reference, and processed as a Developer Public Facility Extension, herein referenced as FAC15- 0016, the originals of which are on file at the office of the City Engineer. The facilities have been constructed in accordance with the ordinances and requirements of the CITY governing the construction specifications for facilities of such type, and have been approved by the City Engineer. III. AREA OF FACILITY SERVICE BENEFIT (ASSESSMENT REIMBURSEMENT AREA The properties benefited by the facilities ("benefited properties") constructed by the DEVELOPER are legally described on Exhibit 4 and depicted on Exhibit 5, attached hereto, which are by this reference incorporated herein as if fully set forth herein. Any owner of real estate legally described within the benefit boundary, also referred to as the "Assessment Reimbursether t Area," as shown on the attached Exhibits 4 and 5, shall pay as a condition for connecting to the facilities, an amount as identified in Section V. All property within the benefit boundary shall be subject to the connection fee as provided in this agreement as a condition of issuance of the connection permit by the CITY. IV. TERMS For a period of 20 years from the date that the City formally accepts the developer's utility extension, any owner (latecomer) of real estate legally Payback Agreement 2016-01 May 23, 2016 Page 2 of 8 described in Section III, and which owner has not fully contributed their pro rata share to the original cost of the above-described facility, shall pay to the CITY the amounts identified in Section V. The charge herein represents the fair pro rata share of the cost of construction of said facilities payable by the owners of the benefited properties. Payment of the latecomers pro rata share will be required by the City at the time a side sewer permit, as described in Auburn City Code (ACC) 13.20.190 and 13.20.200, is issued by the CITY to connect to and use the system. Facility extension agreements are not considered connection permits and no payback payments will be required as a condition of the construction associated with such agreements. The CITY shall reimburse the DEVELOPER within sixty (60) days of the date the City receives payment from a person requesting connection to the facilities. After the expiration of the 20-year term, any moneys collected by the CITY for connection of the benefited properties to the facilities will not be reimbursed to the DEVELOPER. The CITY's obligation to reimburse the DEVELOPER under this section shall not apply to any real property purchased from DEVELOPER after construction of the facilities. V. AMOUNT OF REIMBURSEMENT The DEVELOPER, his successors, heirs and assigns, agrees and warrants that the amounts which the DEVELOPER is reimbursed from the property owners as specified in Section III of this Agreement, represents a fair pro rata share reimbursement for the DEVELOPER'S construction of the sanitary sewer collection facilities described in Section II of this Agreement.. The amount per Residential Customer Equivalent (RCE), as defined in ACC 13.20.010, connected to the system is $7,067.48. The reimbursement amount for each Benefited Property is shown in Exhibit 6, attached hereto. The total amount of reimbursement to the DEVELOPER for sanitary sewer facilities from all applicable charges shall not exceed $25,442.93. VI. NOTICE AND REVIEW Prior to authorizing this agreement, the CITY, shall have mailed to the property owners of the Benefited Properties notification of the allocation of costs to be levied against the properties which are payable at the time of connection to the systems. The property owners shall have the right to review the costs with the City Engineer if a written request is received by the Engineer within 21 days from the date of said notice for the purpose of requesting an adjustment in the allocation of the charge to the property. Payback Agreement 2016-01 May 23, 2016 Page 3 of 8 if the City Engineer, upon requested review by a notified property owner(s), does find cause for adjustment in the allocation of the charge to the benefited property(s), such adjustment will be made and the DEVELOPER will be notified of the adjusted amount(s) prior to acceptance of this Agreement by the City. The resulting adjusted Exhibit 6 shall govern reimbursement amounts to be received by the DEVELOPER. If the adjustment results in an increase to the charge for other parcels,the notification process in this agreement shall be repeated. VII. EFFECT OF AGREEMENT The provisions of this Agreement shall not be effective as to any owner of real estate not a party hereto unless this Agreementhas been recorded in the office of the County Auditor of the County in which the real estate is located prior to the time such owner receives a permit to tap into or connect to said facilities. If for any reason, the CITY fails to secure a latecomer payment for Owner's fair pro rata share of the cost of the facilities, before connection to the extension, the CITY is not liable for payment to the DEVELOPER. The entire responsibility for recordation and completion of this Agreement is upon the DEVELOPER, who agrees to do all and to hold the CITY harmless. This agreement is subject to the provisions of Auburn City Code ("ACC") Chapter 3.25 and shall be void if the DEVELOPER is in violation of any term or condition of that Chapter as it exists on the date of execution of this agreement. VIII. OWNERSHIP OF FACILITY The DEVELOPER warrants that it has constructed the facilities described in Section II of this Agreement to the CITY's specifications and in conformance with the CITY's development regulations and comprehensive plan, and that the facilities are fit for use as part of the City's sanitary sewer system. Once the CITY has accepted the facilities, they shall become a part of the municipal system of the CITY. The DEVELOPER warrants that the facilities are free and clear of all encumbrances and there are no persons or entities that have a right to a lien against the facilities. Except for work covered under any warrantee described in the FAC agreement, all maintenance and operation costs of said facility shall be borne by the CITY. In consideration of the benefits derived from CITY utility service, DEVELOPER agrees to execute and deliver to the CITY such documents as may be necessary to transfer ownership of the facilities to the CITY upon acceptance. Nothing contained herein shall be construed to affect or impair the right of the CITY to regulate the use of the facilities once accepted. Payback Agreement 2016-01 May 23, 2016 Page 4 of 8 IX. UNAUTHORIZED CONNECTION Whenever any connection is made into the facilities described in Exhibit 1 under this Agreement which is not authorized by the CITY, the CITY shall have the absolute authority to remove or cause to be removed such unauthorized connections and all connecting lines or pipes located in the facility's right-of-way. The CITY shall incur no liability for any damage to any person or property resulting from removal of the unauthorized connection. X. CURRENT ADDRESS&TELEPHONE NUMBER The DEVELOPER shall keep a current record of its address and telephone number on file with the City Engineer, and shall within 30 days of any change of said address and/or telephone number, notify the City Engineer in writing. If the DEVELOPER fails to do so, the parties agree that the CITY may authorize connections resulting therefrom and not incur any liability for the non-collection and/or non-reimbursement of charges to the DEVELOPER under this Agreement. Every two years from the effective date of this agreement, shown on page one,the DEVELOPER shall notify the City Engineer of its current name, address, and telephone number. If the DEVELOPER fails to provide such information within sixty (60) days of each anniversary, the CITY may collect and retain any connection charges owed to the DEVELOPER under this contract. The initial Contact.Information and Address for Receipt of Reimbursement Funds is as follows: Ee.r-+ Warm pre ci cvnt (Printed Name of Developer's Representative) Way m 40 101\ =h L (Company Name) 2'4W Se 2_4L rd S_t" (Mailing Address) -- (City,ttate,Zip code) 11)c0y9 - 53ct2_ (Telephone/FAX) XI. ADMINISTRATION Any inquiries regarding the administration of this agreement shall be directed to the City Engineer. Payback Agreement 2016-01 May 23, 2016 Page 5 of 8 XII. COVENANT RUNNING WITH THE LAND This Agreement shall be binding on the DEVELOPER, its successors, heirs and assigns and shall so be binding on the legal owners, their successors, heirs and assigns of all properties described within the benefit boundary of the area as described and depicted on the attached Exhibits 4 and 5. The DEVELOPER agrees to pay all fees for recording this Agreement with the County Recorder's Office. The DEVELOPER shall make the actual recording and provide the CITY with confirmation thereof. XIII HOLD HARMLESS A. General Indemnification. The DEVELOPER will indemnify, defend, and hold the CITY and the CITY'S officials and agents harmless from all claims and costs of defense arising out of this agreement as a result of DEVELOPER actions, omissions, misconduct, or breach of contract, including but not limited to attorney's fees, expert witness fees, and the cost of the services of engineering and other personnel who's time is reasonably devoted to the preparation and attendance of depositions, hearings, arbitration proceedings, settlement conferences and trials growing out of the demands and/or actions of property owners incurred in the performance or completion of this Agreement. The DEVELOPER specifically holds the CITY and its officials and agents harmless and waives all claims related to the CITY's establishment and enforcement of the terms and conditions of this agreement, including the failure to locate a beneficiary, assigns, successor, trustee, or survivor of DEVELOPER. B. Indemnification Against Liens. The DEVELOPER further agrees to indemnify and defend the CITY from any loss on account of any lien against the facilities that arose on or prior to the date of CITY acceptance of the facilities. If the CITY incurs any expense in defense against any such lien or claim, or in taking any other action that is required of DEVELOPER under this Agreement, the CITY shall have a lien in the full amount thereof against any funds then or thereafter collected by the CITY pursuant to this Agreement. XIV. CONSTITUTIONALITY OR INVALIDITY If any section, subsection, clause or phrase of this Agreement is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Agreement, as it being hereby expressly declared that this Agreement and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one Payback Agreement 2016-01 May 23, 2016 Page 6 of 8 • or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. XV. NO WAIVER OF ENFORCEMENT The failure of the CITY to take action to enforce any term or condition of this Agreement in any particular instance shall not be deemed or construed to be a waiver of the right of the CITY to take such action in the future. CITY OF AUBURN N cy Bac cu yor ATTEST: APP• S O D A i ORM: / 4l Danielle Daskam,City Clerk Daniel B. Heid, City Attorney DEVELOPER: � `/-�� dLW 63 44711 - Signature Signature TITLE: Pre<S _ TITLE: Payback Agreement 2016-01 May 23, 2016 Page 7 of 8 STATE OF WASHINGTON ) )ss. County of King ) I certify that I know or have satisfactory evidence that Nancy Backus and Danielle E. Daskam were the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated'�;-. t, ‘‘‘iii i. _ +nMp�ai/' Notary Public in and for the State of Washington •• u `4u "gyp My appointment expires OL\/ �� a a ea-J - N t., Aue _▪ _ h 'tJP'• 1,. 417O STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that A-nAiv‘ \INI 00(w- and __ _ are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the 'PMM-en" 1" — and _— - of WMk% rkDmtS Int.. a corporation, to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated J 14,n-fj 1 VJ ) ?/Dl II %%\\N%1pt11 ,yi k M li 1��!'. Notary Public in and fort State of Washington *//r.% ,9'i9-'l ? My appointment expires }c/YvL�i9Y LO �I ?E."WAS vt'O_' II 'WAS\t Payback Agreement 2016-01 May23, 2016 Page 8 of 8 Exhibit 1 Payback Agreement 2016-01 Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 Above this litie reserved for recording information. BILL OF SALE FAC15-0016 Reference#(ifapplicable): NIA(unless previous recording#) Grantor/Borrower: Warm Homes,Inc. Grantee/Assignee/Beneficiary: City of Auburn The south 85 feet of the north 432 feet of the west half of the west half of the northeast Legal DescriptionlSTR quarter of the southeast quarter of Section 30, Township 21 N,Range 5 E,W.M. Less the east 100 feet thereof Less the west 110 feet thereof Assessor's Tax Parcel ID#: 302105-9196 KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of TEN DOLLARS ($10.00),and for the consideration of incorporating the Extension into the City system,and other good and sufficient consideration,receipt whereof is hereby acknowledged, the undersigned Grantor Warm Homes,Inc.does by these presents hereby convoy, Stover, assign, transfer and warrant to the City of Auburn, a Municipal Corporation of the State of Washington, 93 LF of sanitary sewer andall appurtenances or any other associated public facility as shown on the public facility extension plans referred to as FAC15-0016, Sanitary Sewer Extension — 'M PI SE' development. Situated within the following described real property, located in King County: See EXHIBIT'A'ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. and the said Grantor hereby warrants that it is the sole owner of all the property above conveyed;that he has full power:to convey the same and that he will defend the title of the said Grantee against any and all persons lawfully making claim thereto, and indemnify the City of Auburn for any costs,including Attorney fees in defending title. Bill of Sale Page I of 3 Exhibit 1 Payback Agreement 2016-01 IN WITNESS WHEREOF the Grantor has executed these presents this / 3 day of ian , ,2016. 1f (Jt4Autrized Signer STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that BERT WARM is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stat that he was authorized to execute the.insttunment and acknowledged it as the vS c1)24"1 1- of ARM HOMES INC., a corporation, to be the freeand voluntary act of such party for the uses and purposes mentioned in this instrument. Dated i/ lN3//(^ &1 ,,.. .tie i. ..—\• 4,_ . _ I #% .---TCF ( t--, IS q-) t y. ••• 5 Notary Public in and for the Stake�f�Washingtlin 13 IA %mfrr. Residing at — etc J. Qi (_i!u I• 1• '/ 74. 1,1.n!c `., `` My appointment expires ti 1 11/i ti /4tit4�`WAe • SAS/tlb File: #1431 REF.H:Development\Projects\Sanitary Sewer Eineasion—'M'PL SE\Legal Docs12016 Bill of Sale Page 2 of 3 Exhibit 1 Payback Agreement 2016-01 EXHIBIT"A" LEGAL DESCRIPTION The south 85 feet of the north 432 feet of the west half of the west half of the northeast quarter of the southeast quarter of Section 30, Township 21 N, Range 5 E, W.M. Less the east 100 feet thereof Less the west 110 feet thereof Bill of Sale Page 3 of 3 Exhibit 2 Payback Agreement 2016-01 Legal Description of Developer's Property The south 85 feet of the north 432 feet of the west half of the west half of the northeast quarter of the southeast quarter of Section 30, Township 21 N, Range 5 E, W.M. Less the east 100 feet thereof Less the west 110 feet thereof Exhibit 3 - Facilities Constructed Payback Agreement 2016-01 m ,�, aII _� ,.- — V 6" SIDE SEWED;J T ��'-,, --s i I 993 FEET Ot- i"-SEWER L — NI;W MANHOLE N I A n 2 UJ co -I a i 6" SIDE SEWER ;� . .�:�' it ,e.7., N I ^ 1, I U • '11 11 ii ry .„J O Exhibit 4 Payback Agreement 2016-01 Legal Description of Assessment Reimbursement Area and Benefitting Properties Assessment Reimbursement Area Beginning at a point 140 ft.. east and 212 ft. south of the northwest corner of the northeast 1/4 of the southeast 1/4,.of Section 30, Township 21 North, Range 5 East, thus east 190 ft.,thus south 230 ft., thus west 100 ft., thus north 10 ft.,thus west 90 ft., thus northerly 220 ft. to the point of beginning. Benefitting Properties Address:.3334 M PL SE Tax Parcel #302105-9196 Legal Description (per King County Department of Assessments): South 85 ft. of the north 432 ft. of the west half of the westhalf of the northeast 1/4 of the southeast 1/4 of Section 30, Township 21 North, Range 5 East, less the east 100 ft.thereof, less the west 110 ft. thereof. Address:.3330 M PL SE Tax Parcel#302105-9197 Legal Description (per King County Department of Assessments): South 120 ft. of the east 100 ft. of north 442 ft. of west 1/2 of the west 1/2 of the northeast 1/4 of the southeast 1/4 of Section 30, Township 21 North, Range. 5 East, less the north 40 ft. of west 40 ft. Address: 3324 M PL SE Tax Parcel Legal Description (per King County Department of Assessments): North 110 ft. of east 100 ft. of south 220 ft. of the north 432 ft. of the west 1/2 of W 1/2 of the northeast 1/4 of the southeast 1/4 of Section 30, Township 21 North, Range 5 East, less the south 40 ft. of the west 40 ft. Address: 3312 M PL SE Tax Parcel#302105-9276 Legal Description (per King County Department of Assessments): Beginning at a point 230 ft. east and 212 ft. south,of the northwest comer of the northeast 1/4 of the southeast 1/4, of Section 30, Township 21 North, Range.5 East, thus 70 ft, thus west 25 ft., thus southwesterly to a point 297 ft. south and 190 feet east of northwest corner of the northeast 1/4 of the southeast 1/4, thus west 50 ft.,thus north 85 ft.thus easterly to thepoint of beginning. Exhibit 5 Payback Agreement 2016-01 Assessment Reimbursement Area 1 -7 —7 I 4 W • Ce 1 W - �Q7--- , 1 Z ( I I `L I I + I I ' I7� „t I I I J I I I 0 1 ! p Yuy w _ �. I 1 W N 0 1 1 1 NT 1 I '-- 4. 1 1 1 W'1 b J L `I l 1 - / 1 f o- { Exhibit 6 Payback Agreement 2016-01 Warm Homes Sanitary Sewer Benefitting Parcels Basis of Charges: Total Project Cost = $ 32,510.41 Total RCE's of benefitting properties=4.6 (3 single family residences and one duplex) Total cost per RCE =$7,067.48 Parcel Calculated Project Costs Reimbursement Address Number Current Owner RCE's Apportionment Amount 3330 M 302105- Richard L Baldwin 1(Single Place SE 9197 +Schmaltz Family Home) $7,067.48 $7,067.48 3324 M 302105- Victor A+Renee 1(Single Place SE 9204 Tobias Family Home) $7,067.48 $7,067.48 3312 M 302105- Parker Rental Place SE 9276 Holdings LLC 1.6(Duplex) $11,307.97 $11,307.97 3334 M 302105- Warm Homes, 1 (Single Place SE 9196 Inc. Family Home) $7,067.48 0* Total $32,510.41 $25,442.93 *Developer contribution was made at the time of construction.