HomeMy WebLinkAbout4971 RESOLUTION NO. 4 9 7 1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A PAYBACK
AGREEMENT BETWEEN THE CITY OF AUBURN
AND KERSEY 3 IMPROVEMENTS, LLC FOR
DEVELOPER'S WATER EXTENSION
WHEREAS, Chapter 13 40 of the Auburn City Code (ACC) authorizes the
City Engineer to develop, implement, and administer facility extension payback
agreements for utility improvements, and to execute those agreements upon
Council approval; and
WHEREAS, Kersey 3 Improvements, LLC has constructed the utility
improvements described in the attached payback agreement, and has agreed to
deed those improvements to the City; and
WHEREAS, pursuant to-ACC 13 40 030, the City has received and
approved plans for the improvements; and
WHEREAS, the City Council finds that entry into the payback agreement
is in the best interest of the City; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is hereby authorized to
execute a Payback Agreement between the City and Kersey 3 Improvements,
LLC, for Developer's Water Extension in the form substantially as the agreement
Resolution No 4971
July 1, 2013
Page 1 of 2
attached hereto, marked as Attachment "1" and incorporated herein by this
reference.
Section 2. That the Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this /�� f 12013
CITY
7
P ER B LEWIS
MAYOR
ATTEST.
Danielle E. Daskam, City Clerk
APP Un
M:
lel B
Resolution No 4971
July 1, 2013
Page 2 of 2
201308050643 Page 1 of 18
� '' .• ' '" IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
201309050643 RJOHNSO 18 PGS
0810512013 03.16iO4 PM $99 00
AUDITOR, Pierce County, WASHINGTON
Return Address:
City of Auburn
2-5',West M9in
Aubuffi,'WA 98001
COURTESY RECORDING ONLY
NO LIABILITY FOR VALIDITY AND/OR
ACCURACY ASSUMED BY FIRST AMERICAN
TITLE INSURANCE COMPANY.
71
0
7 Above tfiis line res0rved for recording information.
-7 PAYBACK AGREEMENT
(D DVyJtLQPE RIS WATER EXTENSION
1h
(D Reference 4 (if applicg6je): N/A(tailess previous recording 9)
rD Grant6f dt0fAuburn
Grantee LLC
n
(D
0 Legal Description/STR: Siectizfis 29,31,Township 20 North, Range 5 East
Assessor's Tax Parcel ID#: See Pxhibits,C&)3,
0 This Agreement made and enteredinto-this- day of
0 2013, by and between the City of Auburn, a rnuriic1V;I corporation of King County,
Washington,hereinafter called the CITY and Kelisey'J.Improvements LLC, whose
address is 22430 SE 23151 St, Maple Valley, WA 9038"hef'Jinafter i'efcrred to as
DEVELOPER,
WHEREAS,pursuant to Chapter 35.91 RCW et sc4.,-1he"CI-TY.17fis by Resolution
No. 4971 adopted by the City Council of the CITY on the 15th;day of July,2013,
approved the execution of this Payback Agreement with the DEVELOPER above and
referring to facilities described herein; and
PAYBACK AGREEMENT
DEVELOPER'S WAALR EXTENSION
PAGE I OF ......
201308050643 Page 2 of 18
WHE$EAS,the above-described DEVELOPER has offered and the CITY has agreed to
aceept.the bills of sale found as Exhibits A-1 and A-2, attached hereto, as part of the
iitilify-systenrs of the CITY;
NOW THEREFORE,IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS`HEkEIN,THE PARTIES AGREE AS FOLLOWS:
I. DEVELOPER ''
At'the time of"construction, the above-described DEVELOPER was the record
TI OWNER of real property legally described on Exhibit A-I as Kersey 3—Division I
0 and Keisg3-l)Nisian 2, submitted by the DEVELOPER and attached hereto.
"DEVELOPER" shall'ind.tWp-successors, heirs, and assigns. The term shall
include a batr&A'uptcy'estate-and a receivership as long as the City receives notice
M of the bankrnptej or.:•ecei'serftp as the law requires for notice to creditors, and
M the DEVELOP51Z-provides the notice required by section X of this agreement.
C7 11. FACILITIES
M
0 The public water facilities,which have been constructed by the DEVELOPER
0 herein are as shown in th @•attached Exhibits.A--1 and A-2, incorporated herein by
this reference, and proces§ed as Developer Public Facility Extensions herein
referenced as FAC07-0008 and FAC06-001.3,'the originals of which are on file at
0 the office of the City Engineer. The faei'lities.have.been constructed in accordance
0 with the ordinances and requiretnentS .of'ihe CITY governing the construction
specifications for facilities of such type,:an$-have. been approved by the City
0 Engineer.
M III. AREA OF FACILITY SERVICE BENEFIT
The properties benefited by the facilities coii"siructed,.by the DEVEIOPER are
t1 shown on Exhibits B, C, and D, incorporated herein.
erein by reference. Any owner of
M real estate legally described within the benefit boundaty as shown on the attached
Exhibits B, C, and D, shall pay as a condition foi-eonriecting to'the facilities, an
amount as identified in Section V. All property within the benefit bbundary 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, aceepts,:`tthe
developer's utility extension, any owner (latecomer) of real',esfate..•Iegally•.
PAYBACK AGREEMENT '
DEVELOPER'S WATER EXTENSION .
PAGE 2 OF ,
201308050643 Page 3 of 18
described in Section 111, 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 shown in Exhibits C and D attached hereto. The charge herein represents
the-fair pro rata share of the cost of construction of said facilities payable by
properties benefited. Payment of the latecomers pro rata share is a condition of
issuance of the connection permit by the CITY.
" lrb CITY:sh'i'll, reimburse the DEVELOPER within 60 days of the date the City
recoives•payment from a person requesting connection to the facilities.
"Upori•the,expiiation of the 20-year term, any moneys collected by the CITY will
n6t be,reimbursed to the DEVELOPER.
Tl V. AMQiJ T'OP'REINIQURSEMENT
Water system. '&ilities: The,DEVELOPER, his successors, heirs and assigns,
agrees thdt the-amo>inis.wljich the DEVELOPER is reimbursed from the property
(D, owners as specietc4ih Section III of this Agreement, represents a fair pro rata
M share reimbursetnertt•'Eos:''th'e. DEVELOPER'S construction of the facilities
M described in Secti6n.lI of this Agreement. The specific amount of reimbursement
CD
will be the sum of the front lbotage charge, if applicable, and the area charge. The
n front footage charges;fbe those Parcels subject to that charge, are listed in Exhibit
(D
O C and shall not exceed'thefollowing amount:
O $764,867.66
The area charge will be the number of'i�esidential'customer equivalents (RCS's),
O also referred to as equivalent residential''units (ERU's), to be connected to the
O system under a water permit multiplied by the single family connection charge.
rt Each parcel's charge per ERU is shown on l xhibit.D. The total reimbursement to
p the DEVELOPER from the area chftb, as shown on Exhibit B and listed in
—1 Exhibit D shall not exceed the following amount:
(D $1,607,439.41
The total amount of reimbursement to the DE VIrLOPER',for'water facilities from
all applicable charges shall not exceed $2,372,307.07
(D '
V1. NOTICE AND REVIEW
Prior to passing the Resolution authorizing this agreement, tho CITY, shall have
mailed to the property owners of the parcels listed in;Exhibits :C -and D, as
reflected in the records of the Pierce County Assessors•Offie6'and`the King
County Assessors Office, as specified in Section III, notification of$e allocation
of costs to be levied against the properties which are payabfe.prior to connection
to the systems. The property owner shall have the right to review the costs,with
PAYBACK AGREEMENT
DEVELOPER's WATER EXTENSION
PAGE.3 OF
201308050643 Page 4 of 18
the City 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.
- •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'th'e adjusted amount(s) prior to recordation. The resulting adjusted Exhibits C
"'and D shall povelm reimbursement amounts to be received by the DEVELOPER.
'if the 4 stment'tresults in an increase to the charge for other parcels, the
tlotifieAtion prDeeas in this agreement shall be repeated.
VIl. E '&01 XQREEMENT
_TI The provisions of fhii Agreement shall not be effective as to any owner of real
O estate not a pary'liereto unless this Agreement has been recorded in the office of
� the County .4uditor.of the Corinty in which the real estate is located prior to the
M time such o.Vner receives a}permit to connect to said facilities. The DEVELOPER
shall provide the,ClTy with.proof of recording.
((D If for any reason;the CITY fails,to secure a latecomer payment for Owners fair
:3 pro rata share of the cost of the facilitie3 before connection to the extension, the
n CITY is not liable for,paymept " the DEVELOPER.
(D
O The entire responsibility recordation and completion of this Agreement is upon
Z) the DEVELOPER, who agrecs''to do all and to fiold the CITY harmless.
VIII. OWNERSHIP OF FACILITY
0
O The DEVELOPER has conshv'Qted the facilities described in Section II of this
r-r Agreement,which facilities havebelen accepted'by the CITY as satisfactory.
O The facilities have become a part of'tfie•4riuni.G!pa1. system of the CITY. All
maintenance and operation costs of said faeility shall tie borne by the CITY.
IX. UNAUTHORIZED CONNECTION
Whenever any connection is made into the facilities'desc'tibed in Exhibit A under
this Agreement which is not authorized by the CITY, the'CITY shall have the
absolute authority, but not the obligation, to remove oK•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 ahy d unflge to any person or
property resulting from removal of the unauthorized coriff&tiom`,,
X. CURRENT ADDRESS &TELEPHONE NUMBER
PAYBACK AGREEMENT
DEVELOPER'S WATER EXTENSION ,
PAGE 4 Or ,
201308050643 Page 5 of 18
Tlie DEVELOPER shall keep a current record of his/her 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'hon-reimbursement of charges to the DEVELOPER under this Agreement.
Eypry two,—ears from the effective date of this agreement, shown on page one, the
DEVRLQkER sliall notify the City Engineer of its current name, address, and
telephone nunrber. If the DEVELOPER fails to provide such information within
sixty (6a)'`days, of each anniversary, the CITY may collect and retain any
an
cnection Charges owed to the DEVELOPER under this contract
0 XI. ADM-USTRATION'
Any inquiries regafdirrg the•ridministration of this agreement shall be directed to
(D
the City Engineer.
((D XII. COVENANT Ri3NNINGMITU THE LAND
(I) This Agreement shall be-biiiding on the DEVELOPER, its successors, heirs and
73 assigns and shall 90 be Mincing ork.•the legal owners of all properties described
n
(D within the benefit bouWary.of 1.he area as shown in the attached Exhibits B, C and
O D, their successors, heirs '4nd assigns. The DEVELOPER agrees to pay all fees
for recording this Agfeemerii with the, CY'ounty Recorder's Office. The
.0 DEVELOPER shall make the actual:recording, and provide the CITY with
confirmation thereof.
O X1II. HOLD HARMLESS
rr
0 The DEVELOPER will defend, indemnify;;arid'save the CITY and the CITY'S
officials and agents harmless from all claims artd'eosts of defense, arising out of
this agreement, , including but not limlt6d to attoi-ney's fees, expert witness fees,
(D and the cost of the services of engineei`ing an(.t-o)her personner who's time is
(n reasonably devoted to the preparation and attendance.-0f depositions, hearings,
arbitration proceedings, settlement conferences and trials `growing out of the
fD demands and/or actions of property owners incuffed iri..8ie performance or
completion of this Agreement.
XIV. CONSTITUTIONALITY OR INVALIDITY
If any section, subsection, clause or phrase of this Agreemefit.is` for any reason
held to be invalid or unconstitutional, such invalidity or uneonst)tritonality shall
not affect the validity or constitutionality of the remaining" .portions of'.this
Agreement, as it being hereby expressly declared that this Agreeo-rent.and each
section, subsection, sentence, clause and phrase hereof would hale been prepared,.
PAYBACK AGREF.MFNT '
DEVELOPER'S WATER EXTENSION
PAGE 5 OF ' '
201308050643 Page 6 of 18
proposed, adopted and approved and ratified irrespective of the fact that any one
or more section, subsection, sentence, clause or phrase be declared invalid or
..'Upconstituti o nal.
CI F lII2I�1�
Peter B. Lewis, Mayor
ATTEST'., - ' APP dVE S TO F RM:
O �\ IIILLL
Danielle Daskam;City Clerk Daniel B H ' City ttorney
rD
N DEVELOPER:
m 10111'\.,LA k&o
O Signature - Sippitirc
`G TITLE: UP TITLL:
O
rr
O
rD
FD-
PAYBACK AGREEMENT '
DEVELOPER'S WATER EXTENSION
PAGE 6 OF
201308050643 Page 7 of 18
STATE OF WASHINGTON )
)ss.
Couiaty of King )
I- cerdfy,th.at I know or have satisfactory evidence that Peter B. Lewis and Danielle E.
-Daskarrl wefe the persons who appeared before me, and said persons acknowledged that
thdy signed thi•S instrument, on oath stated that they were authorized to execute the
truq mehl-bd aeknoivlcdged it as the MAYOR and CITY CLERK of the CITY OF
AUBURN tn-be '4Iw'Ii&e and voluntary act of such parties for the uses and purposes
mentl'oned in this insttument.
Dated", Ln/wl ;;4"'-":
Notary Public in and:for the State o€Vdashmgton
I (n
o ys
My appointment oxpiecs.. y� ���J' o ,,
v 'BLiG
(D O
F
(D
n STATE OF WASHINGTON)
CD )ss
O COUNTY OF KING )
O
I certify I have know or have satisfactory evid'ence.th'at L I H(t5 .alcell
is.lave the persons) -who appeared before me, and
O said person /ss
s) acknowledged that he he/ they signed this instrument on oath stated that
he/she e� e;wwerre authorized To o execute the iustlume t and acknowledge as the
a limited liability company, to be the free and vbl tar x ad f such party for the uses
and purposes mentioned in the instrument.
f
I Dated JA 1 X13
N
zi�; 0 kkOTAgy,
P
PUBLIC .'_ `� Notary ublicpp d for t e State o.€W mi;ton
9•.' . .
yT;oy,09^� `O1rJ Residing at %/(0-old l� f
F V p My appointment a pires __.
-,OR WAS ....
PAYBACK AGREEMENT
DEVELOPER'S WATER UTENSION
PAGE 7 OF
201308050643 Page 8of18
EXH1131T A-1
Itciurn-Ad dresq:
••efty of Auburn
City0brk -
25 wai mjih
�ouu^Y11I �lul�l {�
VV II {IIII11011 1�
.. . .... PACIFJgg ONY 010H as 44.09
H"81/2 0 1523
0342 0
K, 0 COUNVY, UA
-n uthi.1hmrN m
cd forording in formation.0 bov, m
I
IL OFSALE
170 'L'-VXC07-0008
17D Rofe`itmp#'jif NIA
rD Kersey 3 Improvements LLC
17) of'Aubum
fD 1-ogal'r#u0riptiqvVSTjki 32 210-5F.
0 Msessor's'i'mrA-arcei-b v:. 922105-9015 and 322105-9039
KNOW ALL MEN BY THESE PRESENTS that lb r'Hod in consideration of the
sum of TEN DOLLARS (S 10.00), and for tlje'6onsiJeiatiQh of jncorporating the Extension
into the City system,and other good and suifficicatcon4i6ratijon,receipt whereof is hereby
rrt 0 undersigned Glamor kersey-3-1raproVimemils LLC does by these
acknowledged, the
presents hereby convey, setover, assign, irritisfer and w6rptil to the City of Auburn, a
Municipal Corporation of the State of Washfngtoft i.G-TF of IT' storm drainage main,
0 110 LF of 18" storm drainage main, 69 �F' of 2T' Storm drainage main,
92 LF of 8" sanitary sewer, 40 LF of 10"sanitary sewer, 2117 1-0 of 12" sanitary sewer,
1737 LF off 8"sanitary sewer, 4689 LI1 of'24"sanitary sewer arid'all appurtenances or any
rD
other associated public facility as shown on the pubiie,facifil)r.ttkiei;�i'6n,plans referred to
to as FAC07-0008, the Kersey III Off-Site Sewer Improvements development. Situated
Qj within the following described real property, located in King.t'ol?iiy, J
See EXH1131T'A' ATTACHED HERETO AND BY THIS k1 FFRVNd• MADE
A PAWI'HEREOF.
and the said Grantor hereby warrants that it is the sole owner(s) of all the'pxopert�.above
conveyed; that it has full power to convey the same and that it Al deeend1he title of
said Grantee against any and all persons lawfully making claim thereto, and Lndcvntnfy--the
City of Aubunn for any costs, including AttonneyLepjn defuMil "e
a
ocumen a xetil r
nomad by Pacilic Notthweet T10o dl,
awarnmociation only.it has not beea.
alcamawdtrstoproperoxaalNonor
as to its affect upon t1tia.
Bill of Sale
Page I of 3
201308050643 Page 9 of 18
IN WITNESS WHEREOF the Grantor has executed these presents this
d�y of MAY-JAI 2008.
Authorized atur Dat!
-n STATE OV WMi•INGTON')
0 pss
COUNTY OF kIN(J
(D I certify that I knbw..Q.r.havo"satisfactory evidence that Thomas Young is the person who
h
(D appeared before me, and'fiid pciSoxi.acknowl edged that he signed this instrument, on oath
I stated that he/she was authotized to e'kQcutc the instrument and acknowledged it as the
(D Development Nbringir bf-Kiiriey,'Timprovements, LLC, a limited liability company,
:3 to be the free and volunlaly act of inch party: .forlbe uses and purposes mentioned in this
r) instrument.
(D
0 DatedHoxph 4t 2.0-
No"Public
no lidwashingtou " 41 Al
0 -NlotMdv*y Pub' R6 in and foAhe State of Washington
r-r t nollidn blilres 07*7-2011 Residing at
—h JL Valau
0 My appointment exprrc 74 2011
(D ...... .
HSAM
File: #1151
REF.ilADcvdoprrcnt%PrrjcctAKascy 1111FAC07-0008 Off-site Sewer Improvmcn(Al-ciial Documents
Bill of'Sale
Page 2 of ......
201308050643 Page 10 of 18
LEGAL DESCRIPTION FOR KERSEY 3.DIVISION 1
The Soulhwest.quprtdr of the Southeast quarter and that portion of the Northwest quarter of the
Southeast quarter Iying Southerly of the H.B.Carter County Road;
All' In $e61101i 32, Town ship 21 North, Range 5 East, Willamette Meridian, King County,
Washington;•'
EXCgP'T lhal-Por{(ori'MR tecif conveyed to King County for Stuck Road and by Dead recorded
under HpcOrding'No. x.407366;
TI AND EXOEPT,.thal portion thereof conveyed to King County for Lake Tapps Access Road, by
O Deed record66 unifier PeCO(ding No. 5001756.
(D LEiSAL,DESCAJkION FOR KERSEY 3-DIVISION 2
� _
Lot 1,City of Auburn Short Plat Na.SP42-17,recorded under Recording No. 7905301012,being
fD a revision of Short Plat recgided under Rectading N4 7712130917, In King County,Washington,
nbeing a portion of the Ea4l half of,lhe Southwest quarlor of Section 32, Township 21 North,
Range 5 East,Willamette Mieridieii,in King County,Washington,
0
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Project Name: Kersey3
February 20,2008
WRWAs ...
11394L.041.doc
201308050643 Pagel 1 of 18
EXHIBIT A-2
' I
u
' ...25yWcttkdint �II�III��IIW�IIII��I �II��III
� .�
Au�tua,WA.R8.gA-, 2 .106 00 151
gegpClg3FIC NUt fII" as 83.00
KT`♦COOOUNTY18yAb
0
� �Abnvc Ibis l(itc ri;cn•cd lire ra:arJina inlnmtu0on.
m PACIFICNOR,*y .SrlTff ' �I( -2
h BILLOFSALE (39H� �,t153t�1-2
f�D BILLOFSALG
TAC06-0013
fD
7 VA
n 'Grgpior1Bolsoivcr:' Kersey 3 Improvements,LLC
O GrnnteclAsslgriecU36nciioimy. City of Auburn
:3 Legal Dcserlption/STR: S32-'r21 N�RAE l yl ((..• (•' t r/
Assessor's Tax Parcel ID il: 322103.9015,322105-9017 and 322105.9039
-71 KNOW ALL MEN BY TIIESE PRIISENTS that fo>;and in consideration of the
sum of TEN DOLLARS ($10.00),and fdf the cahsiderafiou of Incorporating the Extension
0 into the City system, and other good and sltriicibat cortsideration,receipt whereof is hereby
_ti
acknowledged, the undersigned Grantor Kersey 3 ]pl�irovements LLC does by these
Mascots hereby convoy, setover, assign, trailsfe-'iind'warrant to t�te City of Auburn, a
nicipal Corporation of the State of Washington,;
rD
fD • 10,858 LF of street,
In • 39 each of streetiights,
al
134 LF of 8",6,079 LF of 12"and 2,008 LF of 16"1 vaki-1111c,- '
• 1,814 LF of 8"and 2,131 LF of 12"sanitary sewer, ' -
• 119 LF of 8" DI, 170 LF of 12" DI, 259 LF of 18"'.DI, 228'LF crf 36" Dl,
765 LF of 12" PVC SDR-21, 2,768 LF of F2" PVC.-5DR-35,
1,652 LF of 18" PVC SDR-35, 3,046 LF of 24" 'PVC SDR 35,
3,068 LF of 36" PVC SDR-35 76 LF of 42"PVC SDR-35,337 LF of I8"jiDPE,
and 255 LF 18"CPEI'storm drainage sewer,
• a new t1'nffic signal fit file intersection of Kersey Way SE, Evelgre6n Way SE find J
53rd Street SE
Bill orSnle '
Page I of4
I
201308050643 Page 12 of 18
.. ........
and all aiipuj,(paanees or any other associated public facility as shown on the public facility
'eiiiensicrik pIaus referred to as IFAC06-0013, the Evergreen Way SE and Kersey Way SE
developmcllt.
Siluatpli Mthfn the folioNyllig described real property,located in King County:
Seo Fxgfi3.iT LA't.A77ACHFD HERFTO AND BY THIS REFERENCE MADE
-,A IrARTHER.H017
—171 and the 4ql Orilutol-.1.hereby.warrants that it is the sole Ow"c" Of all the P"011elly above
0 conveyed; that if-has.10 VowPr to coRivey the same and that it will defend the title of the
I said Grantee againag'nuy atid 611 )ctrsbin lawfttlly making claim thereto, and indemnify the
-7 City of Auburn for PITY cosfg,' ij)cI(x.filjg-Attorjlcy fees Ill defending title.
(D
(D
rl)
r)
(D
0
0
0
(D . ........
Page 2 of
201308050643 Page 13 of 18
IN WITNESS WIIFREOF the Grantor has exectited these presents this
Ai of 71%-u4.,1A/
IA�Ithoriz dSI nature
tire
-n
0
STATE OF W41ilN'GTO.- N
(D COUNTY OF Mt G
(D
(p t certify I hove know dr Is/are the person(s) why nPIM1.4-botbre ipe;--ruid said person(s) acknowledged that
n lie/she/they signed this lti8trd1110111 on pall'I.gl4ted.fliat lie/slichlicy was/were authorized to
(D execute the 413trtlravAlt' 11,11d' acknowledge as the
'DevelemmeAf MaHaner of
0 a 1111iltd(I liability coifilmly,to.b6 the fi,6c and voKjCtrjj��tay3(tct of�uch paily for�tlio usc�smid
=3 purposes mentioned In the ins(r(jihp1-.
Dated a1312011
0
0
lilt
Notatyllubficin"and for,iboStatcofftshington
vjp N T Residing al
My appointment OX01re.s.- A-L-1a
1-11c: 0089A
IMF: lf:\DevelopniciilkProjccl\Kcrscylllq'ACOO-0013\1.cgolDoctiiiiellt$\2010
13111 of
Pqa 3 of 4
201308050643 Page 14 of 18
.......
EXHIBIT`A'
. -p1VI5ION 1: .'
THE.tOUTHI'�EST QUARTER OF THE SOUTHEAST QUARTER AND THAT
I'DIZTjON OT THR-NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
LYING.,-,.O -REY(5P THE H,B.CARTER COUNTY ROAD; ALL IN SECTION 32,
TOWNSHIP 21 N0OR I'IIJIR NGE 5 EAST,WILLAMETTE MERIDIAN,KING
COUNTY,WASHINGTON.
O EXCEPT TFtA'I:POR=P#ON THEREOF CONVEYED TO KING COUNTY FOR STUCK
ROAD AND BY DEED iECORDED'VNDER RECORDING NO. 5407388.
fD AND EXCEPT!'J4AT-PORTION THEREOF CONVEYED TO KING COUNTY FOR
(D LAKE TAPPS ACCESS ROAb,$Y DEED RECORDED UNDER RECORDING NO.
N 5801756.
n DIVISION 2:
fD LOT 1,CITY OF AUBURN'SHOR'r$I.AT NO.SP-22-77,RECORDED UNDER
O RECORDING NO,.7905301013",BEINO.A`AEVISION OF SHORT PLAT RECORDED
Z) UNDER RECORDING NO, 77121309'17,IN KING COt*TY,WASHINGTON,BEING
.� A PORTION OF THE EAST HACP OF THE SOUTHWEST,QUARTER OP SECTION
32,TOWNSHIP 21 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING
Z) COUNTY,WASHINGTON.
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Page 4 of 4 -
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■■■■■.11wZm�..��€a
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DESIGNED WR KERSEY LATECOMER'S
DRAWN
SERVICE!CHECKED RH WATER
1
_ C
201308050643 Page 16 of 18
Exhibit C
Kersey Water Payback-Front Footage Charge
' Water Front
Footage(charge Front Footage Front Footage
Parcel-Number,. Addrdss Owner per Linear Foot) (Lineal Feet) Charge
3121059010 p Terrace View Properties,LLC $ 137.58 166 $ 22,838.28
3121059027 5340-A SS Se' Nixon,John S 137.58 330 $ 45,401.40
3121059033 450A St SE Smyers,Dons $ 137.58 183 $ 25,177.14
3121059036 5490+1 St SE :. Cool,Barbara $ 137.58 148 $ 20,361.84
3121059056 660A$SE Terrace View Properties,LLC $ 137.58 169 $ 23,251.02
3121059069 Clayton,Alan 5 137.58 16S $ 22,700.70
3221059011 .. Duty,Todd $ 120.92 1661 $ 200848.12
3221059037 Dut ,Todd $ 120.92 1523 S 184,161.16
0 3621049101 City of Pacific $ 137.58 195 $ 26,828.10
0520062002 Fireweed lnWstments,LLC $ 137.58 380 $ 52,280.40
0520062003 Firelveell Impstments,LLC $ 137.58 387 $ 53,243.46
(D 0520062012 23 East Valley 4M E H n,CWe $ 137.58 104 $ 14,308.32
—11 0520062022 xod e,Frank and Shirley
$ 137,58 197 $ 27,103.26
0520062023 17 East Valley Hwy E 8odarta,Frankand Shirley 137.58 337 $ 46,364.46
M
Total $ 764,867.66
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201308050643 Page 17 of 18
Exhibit D
Kersey Water Payback - Area Charge
Parcel Number" ..-.Address Owner Area Charge(per ERU{
312105900,1," Segale Properties $ 1,730.29
3121059004` . 480221uincy Ave SE Atkins,Robert and Lisa 1,730.29
$
3121059042 Segale Properties $ 1,730.29
3221059009 Denova Northwest LLC $ 1,730.29
3221059010 Duty,Todd $ 1,730.29
3221059018 •.• Buckley,Micheal&Peggy 1,730.29
0 3221059019 4411-Kersey Way,SE Buckley,Micheal&Peggy $ 1,730.29
—1 3221059020 Denova Northwest LLC $ 1,730.29
-1 3221059022 4233 Kkrseg.Way SE.. ! Creson,Edwin&Carolyn $ 1,730.29
3221059023 4141 Ke y Wa SE: Segale Properties $ 1,730.29
I 3221059027 ..Alito LLC $ 1,730.29
3221059028 Segale Properties $ 1,730.29
CD 3221059029 Buck{ey,Micheal&Peggy $ 1,730.29
3221059030 Duty,Todd - $ 1,730.29
f7 3221059040 illetCe,RogeF $ 1,730.29
l�
3221059041 GilletteiRoger $ 1,730.29
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0 3221059043 Den"' Northwest LLG, $ 1,730.29
3221059059 5011 Kersey Way SE • Denova Northwest LLC -•. $ 1,730.29
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201308050643 Page 18 of 18
, •Theta pre.Iew below mry ml Rlo spud<rde
• Clry of Auburn
Notlre of Public Hearle.
• , / a Scaffbe Times TM I.co Council o1 1M in of AVnvrn.
on Mona,,will August 5,"1 o t 7 3 Morino
the Ma nae Chambers r Mp at]'JO urn,
folio ing: pt 3f wplohblln ShM on 1'M
following:
Notice Details- he owner of the Supermall, mX"h'
Realty Trust, has ubmltea a ,.quasi
to chance II private sireel mmn shat
V1 1. the term`SVMrmalll, to '001.1
Collection'In pupped Of their.torts 1.
These ar6.ther Beta tg.of y6ur notice scheduled to run on the dates indicated below. ;�:sew.maa'a cow sw' o o u..cm
section Way SW.Supermoll Drive SW to
Outlet Collection 0rM SW, mal Super,
.... PTepaymem Information AccnCRead good!Pursuant to oNAuburn Collection
,Y°J Code Access U.52 110 anO (T street name
Owe M<god Cud Type Lul4 D".is chock e Amowl
CITY council, he cXanwE by.,hall M Me
TM bile iIsg 'll be held In the
Courcll CMmbers,Auburn City Xolh to
coned at 35 West Main Street The public
n Invired to stand to express comments
or Priam Written comments may be
submitted up Val I OM or the public lbwur
Mnow,Plannlno and loeveeloenment lDe-
party enl,05 West Win Street Auburn,
T ` WA 950014988. It yc.Mve further cam-
1 1 nl>or ouestime, of. cabinet Jeff
O Tate at tahOauburmw,Ow p .1 (253)
Account Ittftirmation., Run Dates) 804.SOM
For citizens with icesch.dghr or nearing
Account N 107302 Seattle I Imes disabilities wishing to rerlew document
to this"bring,should contact
—� Advertiser Name. City ofApburli,.Fwanck Dept. NWclassifieds 07/29/13 he COY at Auburn within is calendar day.
prop,10 she meeting,as to Th.Type of for
Agency Name: _ NWelassifieds 07/30/13 VIm«equipment mead. each request
Ill be considered IMIVIduallY according
til Contact: Dani(City OC-rk).253<931-3039' NWclassifieds 07/31/13 to she lope Of,.quest,the ewdablnlY of
NWelassifieds 08/01/13 wows..,and the financial d ears at Ire
Oh ne pawed ine reauenea services or
� Address: 25 W Main St - /_ NWclassifieds 08/07/13
Auburn,WA 9800, NWclgssifieds 08/03/13
NWWia5sifieds 08/04/13
nTelephone: (253)876-1980 ..
p Notice Placement Information••'
Notice ID: 346645
Purchase Order N'
N of lines: 52
:3 Total NET Cost: $115.96 '
O Class Name: Hearing Notices
Legals Desk Contact Information
Phone N (206)652-6018
Email lcgajs@scaLtletimes.com
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AMFRTCAN
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Return Address: ��II IIII�II IIII I�IIJJ II��
City of 25tW West Main IIIIl1�I�111H�4I �lIII�I�IVIIItl�II
�II�III�II�III�IIII
Auburn, WA 98001 20130827000509
.,FIRST AMERICAN RG-RER 88 00
a 2T720113E09!38
KING COUNTY, UA
Above this line reserved for recording in formation.,:
PAYBACK AGREEZENT
DEVELOPER'S WATERWENSION .
Reference#(if applicable): N/A(unless previousaecording#)`
Grantor : City of Auburn
Grantee : Kersey 3 hnprovelnents,LLC
Legal'bescription/STR: Sections 29.32,Township 20 Noith,Range 5 East
Assessor's,Tax Parcel ID#: See Exhibits C&D ,3\ZtvS A-k
This Agreement.made and entered into this day of
2013,byand between the City o€-Auburn, a municipal corporation of King County,
Washington,hereinafter called the CITY and Kersey 3 Improvements LLC, whose
address is 22430 SE 23 Is'St,Maple Valley,WA 98038 hereinafter referred to as
DEVELOPER.
WHEREAS,pursuant to Chapter 35.91 RCW et seq.,the-CITY has by Resolution
No. 4971 adopted by the City Council of the CITY on the 15th day of July, 2013,
approved the execution of this Payback Agreement'with the DEVELOPER above and
referring to facilities described herein; and Said documents were filed of
record.as an acoommgdstionoNy. i
It has not been examined ft to
proper execution or as to ttb IIff00( ; �,,.,•„•
upon tltto.
PAYBACK AGREE.MEN'r `
DEVELOPER'S WATER EXTENSION
PAGE I OF
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WHEREAS,the above-described DEVELOPER has offered and the CITY has agreed to
accept the bills of sale found as Exhibits A-1 and A-2,attached hereto,as part of the
utility systems of the CITY;
NOW THEREFORE,IN CONSIDERATION OF THE CONDITIONS AND
COV ENANTS HEkEIN,THE PARTIES AGREE AS FOLLOWS:
1. DEVELOPER
At the time of%construction, the above-described DEVELOPER was the record
OWNER of real property legally described on Exhibit A-1 as Kersey 3—Division 1
and Kersey 3-Division 2,submitted by the DEVELOPER and attached hereto.
"DEVELOPER" shallincl ode"Successors,.heirs, and assigns. The term shall
include a bankruptcy estate and a receivership as long as the City receives notice
of the bankruptcy or receivership as the law requires'for notice'to creditors, and
the DEVELOPER provides the notice"required by section X of this agreement.
Il. FACILITIES
The public water facilities which have been constructed by-'the DEVELOPER
herein.are as shown in the attached Exhibits A-1 and A-2, incorporated herein by
this .reference, and processed as Developer Public Facility Extensions herein
referenced as,.FAC07-0008 and FAC06-0013,the originals of which are on file at
tbe'off oe of the City Engineer. The facilities have been constructed itr 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
'inginebr.
ill, AREA OF FACILITY SERVICE BENEE�T
The properties"benefited by the"fapilities constructed by the DEVELOPER are
shown on Exhibits B, C,and D, incorporated herein by reference. Any owner of
real estate legally described within the benefit boundary, as shown on the attached
Exhibits B, C, and D,shall'pay.as a conditioni for connecting to the facilities, an
amount as identified in Section.V. All properly withj0 the benpfit 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
DEVELOPER'S WATER EXTENSION
PAGE 2 01'
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described in Section 111, 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 shown in Exhibits C and D attached hereto. The charge herein represents
the fair pro,rata share of the cost of construction of said facilities payable by
properties benefited. Payment of the latecomers pro rata share is a condition of
issuance of the connection perett by the CITY.
The CITY shall reirn-burse the DEVELOPER within 60 days of the date the City
:receives payment from a perWn requesting connection to the facilities.
Upon the expiration of.the 20-year term,,any moneys collected by the CITY will
not be reitubiused to the DEVELOPER:
V. AMOUNT OPREIMBLLMSEMENT
Water system facilities; The DEVELOPER, his successors,`heirs and assigns,
agrees 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 'bF.the facilities
described in Section Il of this Agreement. The specific a.mouiit of reimbursement
will be the sum of the front footage charge,if applicable,and the areacharge. The
front footage charges, for those parcels suVpd to that charge,are listed in Exhibit
C andshall,not exceed the following amount:
$764,867.66
The area charge,will be the number of residential customer'equivalmts (BCE's),
also referred'to as equivalent residential units (ERU's), to be -connected to the
system lrnder a water permit multiplied by the single family connection charge.
Each parcel's'har°ge per ERU is shown on Exhibit D. The total reimbursement to
the DEVELOPER from.the area charge, as shown on Exhibit B and listed in
Exhibit D dull„1_not exceed the following amount:
$1,607,439'41
The total amount of reimbursement to the DEVELOPER for water facilities from
all applicable charges shall'not exceed$2,372,307.07
Vl. NOTICE AND REVIEW,,,
Prior to passing the Resolution authorizing this agreement, the CITY, shall have
mailed to the property owners of the parcels listed in Exhibits C and D, as
rcticcted in the records of the Pierce County Assessors Office and the King
County Assessors Office, as specified in Sedtion:ill, notification of the-aflocation
of costs to be levied against the properties which are'payable prior to connection
to the systems. The property owner shall have the.righi to review the costs with
PAYBACKAGRrEMEN'r
DEVELOPER's WATER EXTENSION
PAGE 3 OF
i
the City 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.
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
properiy(s), such adjustment will be made and the DEVELOPER will be notified
of'th6 adjusted amount(s) prior to recordation. The resulting adjusted Exhibits C
and'D 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•agreemept`shall be repeated.
VII. EFFECT'O):AGREEMENT
The pr'ovisions..of this Agreement shall not be.effective as.to any owner of real
estate not a party hereto unles's this Agreement has 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 conneot to said facilities, The DEVELOPER
shall provide the CITY with proof of recording.
If fbr 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 tfie'exterision, the'
CITY is not liable for payment to the DEVELOPER.
The entire responsibility recordation and completion of this'Agrcement is upon
the DEVELOPER, who agrees to do all and to hold the CITY harmless.
VIII. OWNERSHMOF FACILITY
The DEVELOPER has constructed the facilities described in Sectiim It of this
Agreement,which facilities have been accepted by the CITY as satisfactory.
The facilities have become a part of the municipal system of the CITY. All
maintenance and operation costs of said facility shall be borne by the CITY.
IX. UNAUTHORIZED CONNECT=
Whenever any connection.is.made into the facilities described in Exhibit A under
this Agreement which is not authorized by the CITY, the CITY shall have the
absolute authority, but not,the obligation,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
PAYBACK ACREEMENI'
DEVELOPER'S WATER EXTENSION I
PACE 4 OF
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The DEVELOPER shall keep a current record of his/her 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-Feim m
burseent of charges to the DEVELOPER under this Agreement.
Eery two ye;irs from the effective date of this agreement, shown on page one,the
DEVELOPER shali,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
XI. ADMINISTRATION
Any inquiries regarding the administration of this agreement shall be directed to
the City Engineer
XII. COVENANT RUNNING WITH THE LAND
This Agreement shall be binding on the DEVELOPER,.its succe,$sors, heirs and
assigns and shall so be binding on thedegal,owners of all properties described
within the benefit boundary of the area as shown in the attached Exhibit$13,C and
D,their successors, heirs and assigns. 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
;111. TIOLD HARMLLSS
The DEVELOPER will defend, indemnify, and save the CITY and the CITY'S
officials and agents harmless from all claims and costs of defense, arising out of
this agreement, , ineluding,but not limited to attorney's fees, expert witness fees,
and the cost of the services of ehgi6eering 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.
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
affect not act 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,
PAYBACK AGREEMENT
DEVELOPER'S WA'IlR EXTENSION
PAGE 5 OF
proposed, adopted and approved and radficd irrespective of the fact that any one
or more section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
CI Y O URN
Peter . Le ,Ma r
ATTEST' APP F
t
Danielle Daskam,City Clerk iWikel I3. Heid,City Attorney
DEVELOPER:
Sipafwc sipall=
TITLE; yP TITLE:
I
i
PAYBACK AGREEMENT
DEVELOPER'S WATER EXTENSION
PAGE.6 O
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EXHIBIT A-1
• � 5 z, a/-�
Itetum Addrew
City of Auburn
City Clerk '
25 WBst Main
Auburn,WA M001
; 20.080328002407
' n tt0PI0e NU TIr as 01.00
eI/!a/2eea 18: 9
K1Ne [RUNTY, 11
Atiovu thou a is%6!2d for nxerding Inrortnilian.
P(Jw—('vYioV l"1'� BILLOF$AL-P
X1,1 FAC07-D00$
Reference It(if applicable) N/A
Grantor/Borrower. Kerrey 3 lm(kovements LLC ,
rentee/Assignee/neneficiary: Cilyof Autwm '
Legal DescriplionIS3Ri 32 21 N•59'
E o '
Araessor's'I'ax Parcel ID U: 321105.9015 and 32,2105-9039 -
KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the
sum of TGN DOLLARS (SI O.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 Kersey 3 Improvements LLC does by'the se
presents hereby convey,selover, assign, transfer and warrant to the City of Auburn, a
Mun„Icii a] Corporation of the State of Washington, 10 LF of 12" storm drainage main,
110 LF of 18" stomT drainage mein, 69 LF of 24" storm drainage main,
92 LF of 8"sanitary sewer,p0'LF of.t 0"sanitary sewer, 2147 LF of 12"sanitary sewer,
1737 LF of I8"sanitary scWcg 4689 Lh of 24"sanitary sewer and all appurtenances or any
other associated public facility as shown on the public facility extension plans referred to
as FAC07-0008, the, Kersey IIh Off-Sito Sewer Improvements development. Situated
within the following described real property,located in King County. t
Sec EXHIBIT'A'ATTACHED HERETO AND BYT HIS REFERENCE MADE
A PARTHEREOF.
and the said Grantor hereby warrants that it is the sole owner(s)of all the property above
conveyed; that it has full power to convey the same and that it w(Il defend the title of the
said Grantee against any and all persons Imvfplly.makhig claim thereto,and indemnify the
City ofAubum for any costs.including Attomeyppee ��nndefel1l1 nK tiec��e.
6ardsiwcumen'{sa .0*d ku
116cerd by Pacific Northwest'110eaw
aaomntodadonoaly.It has notbeen i
sxamlrNd sa to Pieper ixe01/INr or
mbasaNeet upon Mle. '
Bill of sale
Page I of 3
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IN WITNESS W HEREOF the Grantor has executed these presents this
day of MAYrk• 2008.
Authorized S U.laCitr Date
STATE OF WASHINGTON)
ss
COUNTY OF KING )
1 certify that 1 know or have satisfactory evidence that Thomas Young is the person who
appeared before me,and said person acknowledged that he signed;this Instrument,on oath
stated that he/she was authorized to execute the instrument and ackhowWaged'it:as the
Development Manager of Kersey 3 Improvements,'LY.C,a limited liability company,
to bo the free and voluntary act of such party for the uses.end.'purposes mentioned in this
instrument.
Dated Manf � 9-Ing
NattlpPubiic ,', _�
�etedWathitrgtm. Q°`w'--Z' At )V
Shm1A Deartngct ftxti A. l�P V 1 nUUr✓
Oatttio.94189
Not Public In and fo ho State of Washington
Qa B�hes 0-07.2011 ....Rcsidmg at MMIL Vp I LW
" Myuppointmentexpircgk1tLdd 71 2 it +�
I
FlSfub �
File: tr 1151 i
REF.RM)cvolopinenMroiceLz\K=y 11 RPAC07.OM 04-dm Sewer lmprove=nbMxpl Docummb
Bill of Sale f#
Pago 2 of 7 •• !,
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LEGAL DESCRIPTION FOR KERSEY 3•DIVISION 1
The Soulhwest'quaAer of the Southaaef�quarter and that portion of the Northwest quarter of the
Southeast quarter lying Southerly of the 1-1.11-CaiierCounty Road;
All In Sectlon 32, Township 21 Ncr1h,.'Range 5 East, Willamette Meridian, King County,
Washington; .. ,
EXCEPT that portion thereof conveyed to Klnp County for Stuck Road and by Deed recorded
under Record nq No.640738H;'
AND EXCEPT that portion dherooFconveyed to King County for take Tapps,Access Road,by
Deed recorded under Recording No.5801756.
LEGAL DESCRIPTION FOR KERSEY 3:DIVISION 2'
Lot 1,City of Auburn Short Plat No.SP•22-77,recorded under Recording No.7905301012,being
a rovislon of.Short Plat recorded under Recording No.7712130917, In King County,Washington,
being a portion of the*East half of the Southwest quarter of Section 32, Tpwnshlp 21 North, -
Range 5 East,Willamette Meridian,In King County,W0dr1g'ton. '
.Y
4 s
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Project Name: Kersey3
February 20,2008
WRwA'
11394L.0E1.doo ........;
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STATE OF WASHINGTON)
)ss.
County of King )
I certify, that 1 know or have satisfactory evidence that Peter B. Lewis and Danielle E.
Daskam were the persons who appeared before me, and said persons acknowledged that
they Signed this instrument, oti oath,Stated that they were authorized to execute the
instrument and acknowledged�it as the MAYOR and CITY CLERK of the CITY OF
AUJIURN to be the free and vohtntary'act of such parties for the uses and purposes
mentioned in this instrument.
Dated l a /Qo� hi
y''a
Notary Public in and for the State of Washington §'s,�Nom, 4U8�
My appointment expires hy�Iq�F'pONR ,,.'
STATE OF WASHINGTON)
)SS
COUNTY OF KING )
I certify I have know or.have satisfactory evidence that �Q��tL1S pill Dt
is/are the person(s) who appeared before me, and
said persons) acknowledged.that he�e/they signed this instrument on oath stated that
heIshe/ ey ,v�astwere a thorized to execute the instrument and acknowledge as the
j rr -si �_'P q .. - of KPrseu 3 �r>t erg LLL
a limited liability company, to be the free and volar tary act o such party for the uses
and purposes mentioned in the instrument.
Dated
0,11 QOLYN✓ o= �-
t1� BIONF•. ( =
? .-•+ -i Z Notary Public in an or the State of W hington
1o,'s jOUBLAC 2 Residing at (n'nOla tJ j ISko
. 09
fib.-- 0 �` My appointment a pires
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_FaF .:WASNX�uIiuu
PAYBACK AGREEMENT ' '
DEVELOPER'S WATER EXTENSION
PAOE 7 OI'
EXHIBIT A-2
Realm Address;
City 6fAA11rn
City Clerk
25 West Main -------21--5.I
Aubtim,.WA 911601 L506100�,5,00
;Ac to T a
6 1,0F '93 s
yO.1 0 6A
IRVOMMiDIL
PACIFIC NORTHWFST TIRE BILLorSA1,16" vi 530-2.
Retcreacc I!(if applicable): NiA
Grawar/Borrower; Kersey 3 InViovelpents,1,1 C
bmwedAmigneciBenonciary: cityorAubum
Legal DescriptionISTR: S32-T21 N-11513
Assessor's Tax Parcel ID 11: 322105-9015.322105-9017 and 322105-90"
KNOW ALL 98N BY THESE PRESENTS that For and.in consideration of the
suw9fTEN DOLLARS($10,00),and for tho consideration of incorporating th6 Extension
into the City system,and other good find suffi6crill coriskicration,receipt whereof Is hereby
.ackiiowlcdgcd,.the (aidotaigned Grantor Kersey 3 Improvements LLC does by those
prounts hereby, convoy, sotoover,assign, transfer and warrant to tile City of Auburn, a
Municipal Ntporationbl'the State of Washington,
0 10,858 LF of street,
• 39 each of streetlights,
* 134 LF of 8",6,079 LF or 12"And 2,0081.E of lVivatdillne,
• 1,814 LF of 8"and 2,131 If of 12"military seiVer,
• 119 LP of 8" DI, 170 LF of 12" DI,•259 259 CP of 18"DI, 226..L# of 36" DI,
765 LF of 12" PVC SDR-211 - 2768 LP of 12" PVC SDR-35,
1,652 LF of 18" PVC SDR-35,. j,646 1,17 of 24""'PVC SDR-315,
3,068 LF of 36"PVC SDR-35 76 LF of 4T'PVC SDR-35,331 LF or 18,,Hj3pE,.
and 255 LF I8"CPRP storm al-allinge Sewell,
* a now traffic signal at the intersection of Kersey Way 8E, Evergreen Way SE and
53r1 Street SE
nlllofSalo -'
Page 1 0l'4
and all appurtenances or any.otlu'.i asso'Gated Rublic facility qs shown on the public facility j
extension,Plans,riAr ed to as FAC06-0013,the Evergreen Way SE and Kersey Way SE
development.
Situated within the following described real proporty;located in King County:
j Sda .EXHIBIT`A"ATTACHED HERETO AND 13Y THIS REFHRHNCE MADE
A PART.HEREOF
and the said Grantor hereby wnrranis,thnt it is the'sole_owner of all the,property abovo
conveyed; that it has frdLpower to convoy the same tied thdt it will defc &ihe title of the
said Grantee against any and all ersons IawRtily making6 olnim tlroreto,mul indennrify lho
City of Auburn for nay costs, including Aitoracy.foos IpAbfending title.
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Bill of sale
Pagc 4 or4 '
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IN WITNESS WFIER13OF the Grantor ling executed these presents this I
dnyof• 'F�/r'uul'1/ ••2.��1 ,261$:
1 40"1-✓,\.%1���'1
4A�Ilhod• tl SI�m we
STATE OF WASHINGTON) U
COUNTY OF KING ss
I certify]have know or have satisfnctory evidenco that Tom Yana
is/nrc the person(s) who appeared before ntc, and said personts) acknowledged, that
hdshe/they signed this Instrument on onth statc(I that holsh iiAtcy wns/wero authorized to.
executo the instrument and acknow{cdse ns the
Drwlanmen4- Maowce of Kers
n Ihmlkd Ilfiblllty coihpmly,to be the free and volunta y act of uoh pally far the uses and
purposes mentioned in the instmincM.
Dated al'gl2op.
it! rr
Pt�if P aasrtiN�F!ly_
Notpt•Y 1'ublje in and for[he Shale of Washington
1( Regidnlgat mopl... ✓allu
Myapjioinfincnt'oxpires 1-6-13
Jill,
IISAtb
Pilo: I11089A
Itel-': I I:tDovclopmenMrojcct\Kr"ey lI1UrAC06.0013V.c8nl DomuuoiroliOlb
Pop 3 Df 4
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EXHIBIT`A'
DIVISION 11.
THE$OUTHWHST QUARTER OF THE SOUTHEAST QUARTER AND THAT
PORTION,O;; IE,NORTHWEST QUARTEI;OFTILESOUTHEASTQVpRTER
LYING S,OUTHERLY,OF THE 1 .CARTER COUNTYd20AD;ALL IN SECTION 32,
TOWNSHIP 211NORTN,'RANGE SBAST,WILL AMFTTE MERIDIAN,KING
COUNTY,WASHINGTON,:
EXCEPT THAT PORTION THEREOF CONVBYEIU TO K►NG COUNTY FOR STUCK
ROAD.AND BY DEED RECORDED UNDER RECORDING,NO, 5407386.
AND EXCEPT THAT PORTION'THERBOP CONVEYED'Tp KING COUNTY FOR
LAKBTAPPS ACCESS ROAD,BY DEED RECORDED UNDER RECORDING NO.
5601756.
DIVISION 2:
LOT 1,O1TY OF AUBURN SHORT PLAT NO.SP-22-77,•REC6RI)ED UNDER
RECGA XNG NO,.7905301012,BEING A REVISION OF SHOAT PLAT RECORDED'
UNDER R,CgI NO N0.7712130917,IN KING COUNTY,WASIIIN,GTON,:DEING
A PORTION OF THE,EAST HALF OF THE SOUTHWEST QUART LR-OF SECI70N
32,TOWNSHIP 21 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING
COUNTY,WASHINGTON.
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Bill of Snk -
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i•►�i f� if.U.. 1 N��.IU�
omm
gp
'•�L,..- �^�t, ♦ 'll:\IIV�a.� q0�ilil Pm unY 114 I"
(I Y_ 1 /Yi•`,t i� 4q/ nuuumunwuuYC
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IMP,
d/punuunalii0_-■
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,DESIGNED WR �'{' •• i
DRAWN IMES
CHECKED RH
;SCALE NTS
C iO7 7
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Exhibit C
Kersey Water Payback-Front Footage Charge
Water Front
Footage(charp Front Footage Front Footage
Parcel Number AdBfeU Owner par ti ar Foot) (Llneat Feet) Charge
3121059010 Terrace VAIMP rtlii!!c $ 13758 166 $ 22,838.29
3121059027 5340 A St SE Ntaon lobo . ' $ 137SB 330 $ 4S,401.40
3121059033 5450 A St SE Sm ers,cons ' $ 137.58 183 $ 25 177.14
3121059036 5490,4 St SE Cool ra $ 137.58 148 $ 20,361.84
3121059056 5690 ASt SE Tesram VIOLA Pro e;OaS LtC $ 137.58 169 $ 23 251.02
3121059069 ❑ on,Alan Is 137.58 16S $ 22,700.70
3221059011 Tadtl 120.92 1661 S 200&8.12
3221059037 Ou ,Todd $ 120.92 . 1523 $ 184,161.16
3621049101 ❑ Patll $' 137.58 195 $ 26,928.10
0520062002 Flrcaaeed lnvestmeh[s Ll[ $ 137.55 390 $ 52,280,40
0520062003 Firwrced lryvestW ts,LLC $ 137.58 387 53,243.46
0520062012 23 East Valley Hvy E jEIwpCole ^$ 13738 100 $ 14,30832
05 2006 202 2 lRodane,Fork and ShIrley 137.58 197 $ 27,103.26
0520062023 17 East Valley Hwy E IRodane,Frank and Shirley $ 137.59 %387 $ 46,364,46
' Total $ 76/967.66
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Exhibit D
Kersey Water Payback- Area Charge
j
Nro0l Number: Address „ ` Owner Area Charge(per ERU) i
3121059001 Segale'prd"erties 5 1,730.29
3121059004 48024u1nc Ave SE . AtkMs,Robert and Llsa $ 1,730.29
3121059042 Segal.pro etles . 5 1,730.29
3221059009 Denova'Northwest LLC $ 1,730.29
3221059010 Dut Todd' $ 1,730.29
3221059018 Buckle',Mich4al&Pegg $ 1,730.29
3221059019 4411 Kersey Way SE Buckley;MicFieal&Peggy 1,730.29
3221059020 Denoya Northwest LLC $ 1,730.29
3221059022 4233 Kersey Way SE Creson,Edwin&Carol n $ 1,730.29
3221059023 4141 Kersey Way SE Se ale P(o erties,' $ 1,730.29
3221059027 Afito LLC $ 1,730.29
3221059028 Segate Pro ert105 .$ 1,730.29
3221059029 Buckley,Mkheal&�'peggy 1,730.29
3221059030 Dut ,Todd $' 1,730:29
3221059040 Glllette,Ro er $""' 1,730.29
3221059041 Glllette,Roger 1,730.29
3223059043 Denova Northwest LLC $ 1,730.29
3223059059 15011 Kersey Way SE Denova Northwest LLC $ 3,730.29
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