Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
4972
RESOLUTION NO. 4 9 7 2 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 SANITARY SEWER 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; 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 Sanitary Sewer Extension in the form substantially as the --------------------------- Resolution No. 4972 July 1, 2013 Page 1 of 2 agreement 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 _� of 12013 C OF U -P-E-TIJR B LEWIS MAYOR ATTEST. Dahielle E. Daskam, City Clerk APP VEDA ORM: D el B Heid, ity Attorne --------------------------- Resolution No. 4972 July 1, 2013 Page 2 of 2 i Attachment 1 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. PAYBACK AGREEMENT DEVELOPER'S SANITARY SEWER EXTENSION Reference#(if applicable): N/A (unless previous recording#) Grantor City of Auburn Grantee Kersey 3 Improvements,LLC Legal Description/STR: Sections 29-32, Township 20 North,Range 5 East Assessor's Tax Parcel ID# See Exhibits C&D This Agreement made and entered into this day of 2013, by and between the City of Auburn, a municipal corporation of King County, Washington,hereinafter called the CITY and Kersey 3 Improvements LLC, whose address is 22430 SE 231" 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. 4972 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 it I i i i I WHEREAS, the above-described DEVELOPER has offered and the CITY has agreed to accept the bills of sale found as Exhibits A-] and A-2, 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 on Exhibit A-1 as Kersey 3—Division 1 and Kersey 3-Division 2, submitted by the DEVELOPER and attached hereto. "DEVELOPER" shall include 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. II. FACILITIES The public sanitary sewer facilities which have been constructed by the DEVELOPER herein are as shown in the attached Exhibits A-I 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 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. I 111. AREA OF FACILITY SERVICE BENEFIT The properties benefited by the facilities 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 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 described in Section 1II, 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 i i 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. ' The CITY shall reimburse the DEVELOPER within 60 days of the date the City receives payment from a person requesting connection to the facilities. Upon the expiration of the 20-year term, any moneys collected by the CITY will not be reimbursed to the DEVELOPER. V. AMOUNT OF REIMBURSEMENT Sanitary sewer collection 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 of the facilities described in Section 11 of this Agreement. The specific amount of reimbursement will be the sum of the front footage charge, if applicable, and the area charge. The front footage charges, for those parcels subject to that charge, are listed in Exhibit C and shall not exceed the following amount: $ 1,488,330.88 The area charge will be the number of residential customer equivalents (RCS's), also referred to as equivalent residential units (ERU's), to be connected to the system under a sanitary sewer permit multiplied by the single family connection charge for the property's sub-basin. Each parcel's charge per RCE is shown on Exhibit D. The total amount of reimbursement to the DEVELOPER from the area charge shall not exceed $3,285,251.29. The total reimbursement to the DEVELOPER from the area charge for each sub-basin, as shown on Exhibit B and listed in Exhibit D shall not exceed the following amounts: i Sub-Basin 1 $1,912,854.38 Sub-Basin 2 $ 819,668.86 Sub-Basin 3 $ 552,728.05 The total amount of reimbursement to the DEVELOPER for sanitary sewer facilities from all applicable charges shall not exceed $4,773,582.17 I VI. 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 reflected in the records of the Pierce County Assessors Office and the King County Assessors Office, as specified in Section I1I, notification of the allocation i of costs to be levied against the properties which are payable prior to connection to the systems. The property owner shall have the right to review the costs with 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 the 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 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 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 connect to said facilities. The DEVELOPER shall provide the CITY with proof of recording. 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 recordation and completion of this Agreement is upon the DEVELOPER,who agrees to do all and to hold the CITY harmless. VIII. OWNERSHIP OF FACILITY The DEVELOPER has constructed the facilities described in Section I1 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. D{. UNAUTHORIZED CONNECTION 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 i i 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-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 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 successors, heirs and assigns and shall so be binding on the legal owners of all properties described within the benefit boundary of the area as shown in the attached Exhibits B, 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 j DEVELOPER shall make the actual recording and provide the CITY with confirmation thereof. XIII. HOLD HARMLESS 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, , 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. 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 I I or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. I CIT F A 5t Peter B. Lewis, Mayor ATTEST: APPRO AST M. Danielle Daskam, City Clerk Da iel B. Heid,Ci y Attorney DEVELOPER: I Signalurc Signature I TITLE: TITLE: I i i I I STATE OF WASHINGTON) )ss. County of King ) I certify that I 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, 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 proposes mentioned in this instrument. Dated i i Notary Public in and for the State of Washington My appointment expires STATE OF WASHINGTON) ) ss COUNTY OF KING ) I 1 certify I have know or have satisfactory evidence that is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the of a limited liability company, to be the free and voluntary act of such party for the uses and proposes mentioned in the instrument. Dated j i Notary Public in and for the State of Washington Residing at My appointment expires i EXHIBIT A-1 Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 i 2 titl 8002 I(ID 1711111 itr as 44.00 PACIFIC PRO""' OF 883 83/28/2808 18:28 KING COUNTY, UR Abow this line reserved for racordmg information. U opn-ra' BILL OF SALE © � FAC07-0008 Reference N(if applicable): NIA Granlor/Borrower Kersey 3 Improvements LLC Grantee/Assignee/Benericiary: City of Auburn Legal DescripUon/STR: 32 21 N-SE Assessor's Tax Parcel ID N: 3221059015 and 322105-9039 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 Kersey 3 Improvements LLC does by these presents hereby convey, setover, assign, transfer and warrant to the City of Auburn, a Municipal Corporation of the State of Washington, 10 LF of 12" storm drainage main, 110 LF of 18" storm drainage main, 69 LF of 24" storm drainage main, 92 LF of 8" sanitary sewer, 40 LF of 10" sanitary sewer, 2147 LF of 12" sanitary sewer, 1737 LF of 18" sanitary sewer, 4689 LF 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 III Off-Site Sewer Improvements 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(s) of all the property above conveyed; that it has full power to convey the same and that it 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 AttomeyLejn defe �maelide. for •acord by Pacific NooIA/hwest TMled, accommodation only.It has rwt been 3xamiiied as to proper examoon W as to its affect upon title. Bill of Sale Page 1 of 3 , K IN WITNESS WHEREOF the Grantor has executed these presents this day of MA k. , 2008. 7���nLAn Authorized SV atur 0 Date STATE OF WASHINGTON ) )ss COUNTY OF KING ) I certify that I 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 acknowledged it as the Development Manager of Kersey 3 Improvements, LLC, a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated HO.rrh 4t 2.60 NoMyntblic l „ � . t`{IPa A1X1 ) K*a(Washingtotl 6 " 2d&Deanngar 1t1GPi cutNO.94189 Notary Public in and fo he State of Washington CommolmRoms07-07.2011 Residing at (YdiDIL UQ1lAtl My appointmentexpires�.)LL1U 7. Zon HSAlb File: # 1151 REF.H.1Development\Prcjecls\Kcrscy 111\FACOM008 Off-site Sewer Improvements\Legal Documents Bill of Sale j Page 2 of 3 i i r LEGAL DESCRIPTION FOR KERSEY 3- DIVISION 1 The Southwest quarter of the Southeast quarter and that portion of the Northwest quarter of the Southeast quarter lying Southerly of the H.B.Carter County Road; All In Section 32, Township 21 North, Range 5 East, Willamette Meridian, King County, Washington; EXCEPT that portion thereof conveyed to King County for Stuck Road and by Deed recorded under Recording No. 5407388; AND EXCEPT that portion thereof conveyed to King County for Lake Tapps Access Road, by Deed recorded under Recording No. 5801758. 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 revision 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, Township 21 North, Range 5 East,Willamette Meridian, in King County, Washington. I Z 3 I OW314DI I Project Name: Kersey 3 February 20,2008 WRW/ks 11394L.041.dcc i „ EXHIBIT A-2 Return Address: Cit` le burn V k 25 West IIII',r IIIIIIIIIIIIIII�.I�II�IIIIIIIIIIIIIIII _ Mam V01020UINITY”IIIIIAubum,WA 98 001 106el •ICU TIT OF 004:CO , Up Above this line r=rved for recordiag infonnation. PACIFIC NORTHWEST TITLE ,O j/J'53n'53n Z BILL OF SALE /(� FAC06-0013 Reference fl(if applicable): N/A Grantor/Borrower. Kersey 3 Improvements,LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: S32—T21N—'R5E /1- (/° (•�-I� Assessor's'rax Parcel ID H: 322105-9015,322105-9017 and 322105-9039 KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the satn 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 Kersey 3 Improvements, LLC does by these presents hereby convey, setover, assign, transfer and warrant to the City of Auburn, a Municipal Corporation of the State of Washington, Y 10,858 LF of street, • 39 each of streetlights, • 134 LF of 8", 6,079 LF oi'12"and 2,008 LF of 16"waterline, • 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, 226 LF of 36" DI, 765 LF of 12" PVC SDR-21, 2,768 LF of 12" PVC SDR-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 18" HDPE, and 255 LF 18"CPEP storm drainage sewer, • a new traffic signal at the intersection of Kersey Way SE, Evergreen Way SE and 53rd Street SE Bill of Sale Pago 1 of i i i and all appurtenances or any other associated public facility as shown on the public facility extension plans referred to as FAC06-0013, the Evergreen Way SE and Kersey Way SE development. Situated within the following described real property, located in King County: Sec EXHIBIT `A' ATTACHED HERETO AND BY THIS'REFERENCE MADE A PART I4EREOF and the said Grantor hereby warrants that it is (lie sole owner of all the property above conveyed; that'it;has.full power to convey the same and that.it will defend We title of the said Grantee against ally and all persons lawfully niakiiig claim therctoi and indemnify the City of Auburn for any costs, including Attorney fees in defending title. i Bill orsale Page 2 of 4 I - W IN WITNESS WHEREOF the Grantor has executed these presents this t day of 1abruury 2v ,29+9r 1 ' IA�tthoriz T ure STATE OF WASHINGTON ) v )ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that Tom YOL/ 't is/are the person(s) who appeared before me, and said personfs) acknowledged that he/slte/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the Devtri0nmerf- Maormei' of 3 a lindtead.liability cothpany, to be the free and voluntiiry act of •uch party for the uses and purposes mentioned in the.instrument. Dated o1/3/.ZO/r 1�yP SS1 NE Notary Public in and for the State of Washington veu NDTARYGK;'�� Residingat n-hn,o. N� My appointment expires 01-6-13 �u�t O t18LIG 2`` VIA!;vt\�a t'� I ISAlb File: N1089A RGI'- ll:\Development\Project\Kersey 1111FAC06-0013\1.egal Docutnents\2010 Bill orsale Page 3 or 4 i . I EXHIBIT `A' ;DIVISION 1: THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING SOUTHERLY OF THE,H.B.CARTER'COUNTY ROAD;ALL IN SECTION 32, TOWNSHIP 21 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,KING . COUNTY,WASHINGTON. EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR STUCK ROAD AND BY DEED RECORDED UNDER RECORDING NO, 54,07388. AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR 'LAKE TAPPS ACCESS ROAD,BY DEED RECORDED UNDER•RECORDING NO. 5801756. i DIVISION 2: LOT 1, CITY OF AUBURN SHORT PLAT NO, SP-22.77,RECORDED UNDER RECORDING NO. 7905301012;BEING A REVISION OF SHORT PLAT RECORDED 'UNDER RECORDING NO.7712130917, IN KING COUNTY,WASHNGTON,-BEING A PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 32,TOWNSHIP 21 NORTH,RANGE 5 EAST;WILLAMETTE MERIDIAN,IN KING COUNTY,WASIINGTON, i Dill of Sale Page 4 of 4 I a 0 i Exhibit C Kersey Sanitary Sewer Payback-Front Footage Charge Sewer Segment Front Front Footage Parcel Number (charge per Unearfoot) Footage (ft) Charge (S) 3021059024 111($316.04) 660 $208,586.40 2921059044 IV($139.04) 350 $48,664.00 3221059005 IV($139.04) 1056 $146,826.24 3221059006 IV($139.04) 404 $56,172.16 3221059008 IV($139.04) 1675 $232,892.00 j 3221059018 IV($139.04) 173 $24,053.92 3221059019 IV($139.04) 123 $17,101.92 3221059022 IV($139.04) 263 $36,567.52 i 3221059023 IV($139.04) 546 $75,915.84 3221059027 IV($139.04) 1585 $220,378.40 3221059028 IV($139.04) 270 $37,540.80 3221059029 IV($139.(14) 70 $9,732.80 3221059009 V($88.96) 104 $9,251.84 I 3221059014 V($88.96) 244 $21,706.24 3221059020 V($88.96) 517 $45,992.32 3221059024 V($88,96) 200 $17,792.00 3221059025 V($88.96) 317 $28,200.32 3221059026 V($88.96) 399 $35,495.04 3221059031 V($88.96) 1112 $98,923.52 3321059059 V($88.96) 530 $47,148.80 3845000020 V($88.96) 517 $45,992.32 3845000060 V($813,96) 110 $9,785.60 3845000070 V($88.96) 153 $13,610.88 Total $1,488,330.88 i i i Exhibit D Kersey Sanitary Sewer Payback-Area Charge Parcel Number Area Charge (per RCE) Sub Basin 1 0520051016 $888.46 0520051019 $888.46 0520052007 $888.46 0520052008 $888.46 0520052011 $888.46 0520052012 $888.46 0520052015 $888.46 0520052016 $888.46 0520052023 $888.46 0520052024 $888.46 0520055001 $888.46 0520055002 $888.46 0520055003 $888.46 0520055005 $888.46 0520055006 $888.46 0520055007 $888.46 0520055008 $888.46 0520055009 $888.46 0520055010 $888.46 0520055011 $888.46 0520055012 $888.46 0520055013 $888.46 0520055014 $888.46 0520055015 $888.46 0520055016 $888.46 0520055017 $888.46 0520055018 $888.46 0520055019 $888.46 0520055020 $888.46 0520055021 $888.46 0520055024 $888.46 0520055025 $888.46 j 0520055031 $888.46 0520055033 $888.46 0520055034 $888.46 0520055035 $888.46 0520055036 $888.46 0520055037 $888.46 0520055038 $888.46 0520055039 $888.46 0520055040 $888.46 0520055041 $888.46 0520055042 $888.46 0520055043 $888.46 0520055044 $888,46 Kersey Sanitary Sewer Payback-Area Charge Parcel Number Area Charge (per RCE) 0520055045 $888.46 0520055046 $888.46 0520055047 $888.46 0520055048 $888.46 0520055049 $888.46 0520055050 $888.46 0520055051 $888.46 0520055052 $888.46 0520055053 $888.46 0520055054 $888.46 0520056001 $888.46 0520056002 $888.46 0520056003 $888.46 0520056004 $888.46 0520056005 $888.46 0520056006 $888.46 0520056007 $888.46 0520056008 $888.46 0520056009 $888.46 0520056010 $888.46 0520056011 $888.46 0520056012 $888.46 0520056018 $888.46 i 0520056019 $888.46 ' 0520056020 $888.46 0520056021 $888.46 0520056023 $888.46 0520056024 $888.46 1043500010 $888.46 1043500020 $888.46 1043500030 $888.46 1043500040 $888.46 1043500050 $888.46 1043500060 $888.46 1043500070 $888.46 1043500090 $888.46 1043500100 $888.46 1043500110 $888.46 1043500120 $888.46 1043500130 $888.46 3221059004 $888.46 3221059009 $888.46 3221059010 $888,46 3221059011 $888.46 3221059013 $888.46 3221059014 $888.46 3221059016 $888.46 3221059020 $888.46 i I Kersey Sanitary Sewer Payback-Area Charge Parcel Number Area Charge (per RCE) 3221059024 $888.46 3221059025 $888.46 3221059026 $888.46 3221059030 $888.46 3221059031 $888.46 3221059033 $888.46 3221059034 $888.46 3221059035 $888.46 3221059036 $888.46 3221059037 $888.46 3221059038 $888.46 3221059040 $888.46 3221059041 $888.46 3221059042 $888.46 3221059043 $888.46 3221059044 $888.46 3221059045 $888.46 3221059046 $888.46 3221059047 $888.46 3221059048 $888.46 3221059049 $888.46 3221059052 $888.46 3221059053 $888.46 3221059054 $888.46 3221059055 $888.46 3221059056 $888.46 3221059057 $888.46 3221059058 $888.46 3221059059 $888.46 3321059007 $888.46 3321059008 $888.46 3321059009 $888.46 3321059010 $888.46 3321059011 $888.46 3321059012 $888.46 3321059013 $888.46 3321059014 $888.46 3321059015 $888.46 3321059016 $888.46 3321059017 $888.46 3321059018 $888.46 3321059019 $888.46 3321059020 $888.46 3321059025 $868.46 3321059026 $888.46 3321059031 $888.46 i 3321059034 $888.46 3321059035 $888.46 Kersey Sanitary Sewer Payback-Area Charge Parcel Number Area Charge (per RCE) 3321059037 $888.46 3321059038 $888.46 3321059039 $888.46 3321059040 $888.46 3321059041 $868.46 3321059042 $888.46 3321059043 $888.46 3321059044 $888.46 3321059045 $888.46 j 3321059046 $888.46 j 3321059047 $888.46 3321059048 $888.46 3321059049 $888.46 3321059051 $888.46 3321059052 $888.46 3321059053 $888.46 3321059054 $888.46 I 3321059055 $888.46 3321059056 $888.46 3321059057 $888.46 j 3321059058 $888.46 3321059059 $888.46 3321059060 $888.46 f 3321059061 $888.46 3321059062 $888.46 3321059063 $888.46 j 3321059064 $888.46 3321059065 $888.46 3321059066 $888.46 li 3321059067 $888.46 3321059068 $888.46 3321059069 $888.46 3321059070 $888.46 3321059071 $888.46 3321059073 $888.46 3321059074 $888.46 3321059075 $888.46 3321059076 $888.46 3321059077 $888.46 3321059078 $888.46 3321059079 $888.46 3321059080 $888.46 3321059083 $888.46 3321059084 $888.46 3321059085 $888.46 3321059088 $888.46 3321059089 $888.46 3321059090 $888.46 i I I Kersey Sanitary Sewer Payback-Area Charge Parcel Number Area Charge(per RCE) 3321059091 $888.46 3845000020 $888.46 3845000060 $888.46 3845000070 $888.46 Sub Basin 2 2921059019 $874.78 2921059022 $874.78 2921059044 $874.78 2921059046 $874.78 2921059053 $874.78 3121059001 $874.78 3221059001 $874.78 3221059002 $874.78 3221059003 $874.78 3221059005 $874.78 3221059006 $874.78 3221059008 $874.78 3221059018 $874.78 3221059019 $874.78 3221059022 $874.78 3221059023 $874.78 3221059027 $874.78 3221059028 $874.78 3221059029 $874.78 3321059005 $874.78 3321059006 $874.78 3321059050 $874.78 Sub Basin 3 2721059017 $831.17 2921059002 $831 17 2921059006 $831.17 2921059020 $831.17 2921059021 $831.17 2921059025 $831.17 3021059024 $831.17 201308050642 Page 1 of 21 1 . �:c:®. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 201308050642 RJOHNSO 21 PGS 0810512013 03.16 04 PM $92.00 AUDITOR, Pierce County, WASHINGTON .�Petutn Address: pity of Auburn Qity Clerk• ' 25,We's� Main A!4*h, WA 9800T• COURTESY RECORDING ONLY.,„ ;NpLJABILITY FOR VALIDITY AND/OR ACCURACY ASSUMED BY FIRST AMERICAN --' TITLE INSURANCE COMPANY, -Tl O Above this'7ine reserved for recording information. FAYBA'CK AGREEMENT D�i-E)LOPERW SANITARY SEWER EXTENSION 7 Reference#(if applicable):• 'N/A(untess previous recording#) fD Grantor. : CityofAuburn 73 Grante6. : k`rsey 3 lntprovem'* LLC n m 0 Legal Description/STR: Sectjon's 29-3Z,Township 20 North,Range 5 East Assessor's Tax Parcel ID#: See'Exhibits C&D O This Agreement made and entererl,into:&s - day of rt 2013, by and between the City of Auburn,a-mugicipOcotporation of King County, O Washington,hereinafter called the CITY and Kersey 3-(mpi-ovements LLC,whose M address is 22430 SE 231"St,Maple Valley, WA 98038 he.rei rafter referred to as W DEVELOPER. WHEREAS,pursuant to Chapter 35.91 RCW et sk,,the'CIT1'fias'by Resolution No. 4972 adopted by the City Council of the CITY on the 15th day of-My,--20-1 , approved the execution of this Payback Agreement with the DEVFLOPER'ahove'and referring to facilities described herein;and i . i 0 A 201308050642 Page 2 of 21 I -WIJEREAS,the above-described DEVELOPER has offered and the CITY has agreed to -I and A-2, attached hereto,as part of the accept the bills of sale found as Exhibits A U(ilily-systgrns.pf-the-CITY; .IOW Tljg'k>'�-QRE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTAS.IIFREIN,•�'�IE PARTIES AGREE AS FOLLOWS: I. DEVE�OPE'R 'time con At the construction, the above-described DEVELOPER was the record -n as Kersey 3—Division I 0 OWNER'of iical pl,op&,ty legally described on Exhibit A-] —1 and Kc**y' 3,Divislon 2,submitted by the DEVELOPER and attached hereto. M "DFVELOPgR4,,shil,]..inc'l�de'successors, heirs, and assigns. The term shall --h include a bakrtibtcy espat.and a receivership as long as the City receives notice M of the bankruplt qK_-i'eceiVerihip as the law requires for notice to creditors, and M the DEVELOPER proVldes`the notice required by section X of this agreement. 73 r) if. FACILITIES M 0 c r. The public sanitary sewer.. --facilities which have been constructed by the DEVELOPER herein ar1_1'as_shown in the .attached' Exhibits A-1 and A-2, 1< incorporated herein by this reference, and.piocesibil as Developer Public Facility Extensions herein referenced as FAC07-0008-4:nd F i AC06-0013, the originals of which are on file at the office .011he"City. Engineer. The facilities have been 0 constructed in accordance with'the drdirlances arid requirements of the CITY rt governing the construction specificalions for facilities of such typo,and have been 0 approved by the City Engineer. M. AREA OF FACILITY SERVICE BENEFI.T ........ CD The properties benefited by the facilities byihe DEVELOPER are V) shown on Exhibits B, C, and D, incorporated herein by-rcfpreqce. 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 condition for cofih6Ctin4 Jo the facilities, an amount as identified in Section V. All property wiilrin-ftbenefit t oundary 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 fiormally.-a6ceptrthp developer's utility extension, any owner (latecomer) of reaJ est4te' legally 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 tfie CITY-the 201308050642 Page 3 of 21 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 j )ssuance of the connection permit by the CITY. The CITY shall reimburse the DEVELOPER within 60 days of the dale the City rectives payment firm a person requesting connection to the facilities. Upon Elie expiration of the 20-year term, any moneys collected by the CITY will not beieimbutsed'd-the DEVELOPER. V. AMOi1NTOFREIMBURSEMENT —n Sanitary $ewer'collection facilities: The DEVELOPER, his successors, heirs and O assigns, 4ecs.4hat the amounts which the DEVELOPER is reimbursed from the —1 property owners aispgbified in•Section III of this Agreement,represents a fair pro -7 rata share reimhurseinedt,ebrAc DEVELOPER'S construction of the facilities hdescribed it3 Sec[iorili of bits Agreement. The specific amount of reimbursement will be the sum-of the�front'footage charge, if applicable, and the area charge. The (D front footage cfiarges,'for those parcels subject to that charge, are listed in Exhibit 73 C and shall not exdeedthe fdHowing ambhnt: n ' (D $ 1,498;330,$8' O The area charge will be the number of residential customer equivalents (RCS's), =3 also referred to as equivalent residential units (ERU's), to be connected to the system under a sanitary sewer permit multiplied by.the single family connection charge for the property's sub-basin:' Each•Parcel's charge per RCE is shown on O Exhibit D. The total amount of reimbttfsement to the DEVELOPER from the area rt charge shall not exceed $3,28`5,25i:29r The total reimbursement to the —ti DEVELOPER from the area charge for.-eacfi:sub-basin, as shown on Exhibit B O and listed in Exhibit D shall not exceed the.foll.owfing amounts: i N Sub-Basin 1 $1,91,2,&54:38 Sub-Basin 2 $ 819i4wm - to Sub-Basin 3 $ 552,728.05 The total amount of reimbursement to the DhVEIAPEP,-fop sanitary sewer facilities from all applicable charges shall not exc&0 $4,773,562.17. V1. NOTICE AND REVIEW Prior to passing the Resolution authorizing this agreement, the CITY;-shall#lave mailed to the property owners of the parcels listed in Exhibits.C,and'•D, as reflected in the records of the Pierce County Assessors Officd,and the King County Assessors Office, as specified in Section III, notification of the allocation 201308050642 Page 4 of 21 of costs to be levied against the properties which are payable prior to connection to the systems. The property owner shall have the right to review the costs with Ili'e City Engineer within 21 days from the date of said notice for the purpose of Tegyesting an adjustment in the allocation of the charge to the property. If,tbe City Engineer, upon requested review by a notified property owner(s), does 'fired' cause .fei.,adjustment in the allocation of the charge to the benefited i propeityK see ` justment will be made and the DEVELOPER will be notified B of the adjusted"ankount(s) prior to recordation. The resulting adjusted Exhibits C and'D slyafl.gpvern reimbursement amounts to be received by the DEVELOPER. IC the'"adjustment results in an increase to the charge for other parcels, the ndtifrca lion.proW.ss in this agreement shall be repeated. —n O VII. EFFECT OF AIRPFFMENT —t —I The provisions of thin Agrepment shall not be effective as to any owner of real rD estate not`b pait)�.hefetii ugless this Agreement has been recorded in the office of M the County Auditor of the .County in which the real estate is located prior to the time such owner recejses.a.perrriit to connect to said facilities. The DEVELOPER O shall provide the C1tY Wiih.pioof of reewding. C7 If for any reason, the,CITY fgil's-to secure a latecomer payment for Ownefs fair fD O pro rata share of the cost.of flee"facilities, before connection to the extension, the O CITY is not liable for payment to-the DEVELOPER. The entire responsibility recordation and completion of this Agreement is upon the DEVELOPER,who agrees to do oll'and to-hold the CITY harmless. O Vlll. OWNERSHIP OF FACILITY r t � The DEVELOPER has constructed.the facilities..described in Section 11 of this O Agreement,which facilities have been accepfed by the CITY as satisfactory. The facilities have become a part of the m}inicipal System of the CITY. All M maintenance and operation costs of said faeility'Aall.be:borne by the CITY. IX. UNAUTHORIZED CONNECTION fp 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 i absolute authority, but not the obligation, to remove or e8use.to'bg removed such unauthorized connections and all connecting lines or pipes IQCated in ttic.facility's right-of-way. The CITY shall incur no liability for any dpmage..to.any person or property resulting from removal of the unauthorized connedtioti. X. CURRENT ADDRESS &TELEPHONE NUMBER i 201308050642 Page 5 of 21 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 siiid 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 coanectiotis resulting therefrom and not incur any liability for the non-collection an(T/or nop ejtinbursement of charges to the DEVELOPER under this Agreement. j -Every,twd 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.nutitber: If the DEVELOPER fails to provide such information within &ty,k60)'ddy' ' ,bf`each anniversary, the CITY may collect and retain any cbrtnection charges owed to the DEVELOPER under this contract T O XL ADMINISTRA7�ION j Any inquiries regai:diog the administration of this agreement shall be directed to (D the City$pgineer. fD X11. COVENANT RYINNXG WITIJ THE LAND M This Agree=4 hall be binding on the DEVELOPER, its successors, heirs and n assigns and shall so be binding on thti )egal owners of all properties described (p within the benefit boundary of f4o area as'shown in the attached Exhibits B,C and O D, their successors, h6 g and-assigns. The DEVELOPER agrees to pay all fees I for recording this Agrt~ement with the County Recorder's Office. The DEVELOPER shall make the actual recordin'• and provide the CITY with confirmation thereof. O XIII. HOLD HARMLESS r-r The DEVELOPER will defend, indemnify, and.save the CITY and the CITY'S O officials and agents harmless from all'ctairrts"and costs of defense, arising out of � this agreement, , including but not limited'to attordey'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 attendafree'6f'dvpositions, hearings, t1I arbitration proceedings, settlement conferences and.trials gTowing out of the demands and/or actions of property owners ihcuftted 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 Unconsfiuttionality.shall not affect the validity or constitutionality of the remailtitig portions of this Agreement, as it being hereby expressly declared that this Aveeinenf and-each section, subsection, sentence, clause and phrase hereof would have'beep-prepared°, proposed, adopted and approved and ratified irrespective of the fact-that'any.ohe 201308050642 Page 6 of 21 or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. CIT OF A B Peter B.Lewis,Mayor ATTEST- APPR D FORM: n I O Lf Danielle Daskam;City' Jerk i Da ' B.Hci , ity A orne fD ti M � DEVELOPER: • fD n(1) VcM 0n ti1 Signatum Signatum :3 TITLE: V TITLE: .•C i o rt O --r ` fD ........ OJ [D ' I ' I - i 201308050642 Page 7 of 21 - - i STATE OF WASHINGTON) )ss. C'Quntg-of King ) I eertif3 that I know or have satisfactory evidence that Peter B. Lewis and Danielle E. Dasleain vyere'.the persons who appeared before me, and said persons acknowledged that they slgngii this-iia4iument, on oath stated that they were authorized to execute the I and acknowledged it as the MAYOR and CITY CLERK of the CITY OF AUBURN.t' ` the free.and voluntary act of such parties for the uses and purposes mentioned intl is insthnr(ent. l�\•' K CgMit�rh� = Pa \se 0 NF+4A6�%,, Notary public irtand for t1K S.fate of hington ? £U - • - "%� ' My appointment r,xpires to — ':,°,\s, AVe rD (D (D n STATE OF WASHINGTON (D Iss . - p COUNTY OF KING )' ' .0 I certify I have know or have satisfactory evidence that._KFJ�I htl 5P PYI Y1 J�are'lhe pefson(s) who appeared before me, and said persons) acknowledged that he/sh0they-8igned this instrument on oath stated that rt he/she/they was/were authorized to exPCUte the instrument and acknowledge a�the � �i C2, •F�Ces i dP v\-4- of 3 " co p a limited liability company, to be the free azrd v uhtary ac .of such party or the uses � and purposes mentioned in the instrument. (D Dated o�- a - 13 .. FD t5 G Z Notary Pu lie tan for thF S e of Wasbjrigton PUB\- ,ry f�\`J Residing at x` CL. l i)/'t `_sf•..Og_p9',. ��a�,1 Myappointmente pires 0(wt-O -` I�' 9TF OF t4 P5��1� 201308050642 Page 8 of 21 EXHIBIT A-1 ftcjum Address: ..boni'whomov, 2008 328002407 P C P*ZrFj NU TIT 44.e0 A a I OF T28 ON3/2 / /2005 15 COUNTY,UNTY, UA -n A§ u this line reserved for rowrding infomalim 0 ..87LL OF SALE FAC07-0008 -V(''qpphc#lc): NIA -tr%ntoA�q.rToWqr: Kersey 3 Improvements LLC rD Grantee Aisig"Oentkiaryll Ci!Yof Auburn r) Lag11 f ewffption/SiK:- '722{N'-5E (D Assessor's 1)1 322105.9015 and 322105-9039 0 KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of TEN DOLLARS (s 10.00), and for thc-d6nsideniiion of incorporating the Extension into the City system,and other good and,mffciejit c6nsiderat.i6n,receipt whereof is hereby 0 acknowledged, the undersigned Grantor,,Ker*y 3 Itinpravements LLC does by these r hereby convey, selover, assign, transfer and wairant to the City of Auburn, a --tl =1i1P;a11 Corporation of the State of Washin on,.K,Lf-of.12" storm drainage main, 0 110 LF of 18" storm drainage main, W. '" *LF''of. .24'�-. storm drainage main, 1 92 LF of 8" sanitary sewer,40 LF of 10" sanitary dewpe, 21.47 �F of 12" sanitary sewer, -7 1737 LF of 18"sanitary sewer, 4689 LF of 24"sanftar�.sewer and all appurtenances or any CD other associated public facility as shown on the pubIjc'*fj-ciIity'i;x1ansion plans referred to as FAC07-0008, the Kersey III Off-Site Sewer ImpreveriieMs development, Situated described real property,located in King County:', fD W within the following d See EXH IBIT'A'ATTACHED HERETO AND BY T4ISREftREN4CF MADE A PART HEREOF. and the said Granter hereby warrants that it is the sole owner(s) of all the'proparty above conveyed; that it has full power to convey the same and that it Will dekrtd-fke title of the said Grantee against any and all persons lawfully making claim thpret6,and imd'&mtify the City of Auburn for any costs,including AttcmeyLeepjn defe 8�i 6=01 W,' Jai leowd by PacAc Northwest TrAaA16 iommmodation only.it h"not 6w as to Its MOOT UPOR 11118. Bill of Sale Page I of 3 201308050642 Page 9 of 21 IN WITNESS WHEREOF the Grantor has executed these presents this day of 12008. Authorized atu Date S1 STATE OF-WASHIN�C90K) O Iss COUNTY OF KING 1 certify that I know br-fiave satisNilo6 evidence that Thomas Young is the person who M It h appeared before r��..aud-said persoh acknowledged that he signed this instrument,on oat (D stated that he/she was.. iithojiziA-to-execute the instrument and acknowledged it as the 7 Development Managjr of k.arxey. 3 Improvements, LLC, a limited liability company, M to be the free and voluntary act'Jsu�h party for the uses and purposes mentioned in this instrument. Dated Harrh q:T ZMB-' 0 powyPublic hl Modwatithigton I 2tdA.DeRditilar for 0 ()isLN6.941B9 Public in and fo he State of Washington Commitdtia dim 07-07-2011 Re i'dinga*(' 0 M apipointinch kpires (D . ....... . Qj HS10b Ric 01151 REF.H,1DcvclopmmtNProjm(s\Kcrscylll\FA007-90080ff-slieSewaimpmvements\LcgaI Documwts Bill of Sale Page 2 of 3 201308050642 Page 10 of 21 ' I LEGAL DESCRIPTION FOR KERSEY 3• DIVISION 1 The$euthwest quartet of the Southeast quarter and that portion of the Northwest quarter of the South"M quartgr Iying.Sputherly of the H.B.Carter County Road; Aq•In S @otfbn $2;"7ownship 21 North, Range 5 East, Willamette Meridian, King County, Washington;,, EXCEPT that pQldh f%efeof'bonveyed to King County for Stuck Road and by Deed recorded under Recording.ftb.5407388; —f-t AND EXCEPT tt al yoIllon thereof conveyed to King County for Lake Tapps Access Road, by O Deed recorded under Rgoording,No. 5801756. -LLfpAL 6E5CRI�TI6N FOR KERSEY 3-DIVISION 2 (D ....... .. S Lot 1,City of Auburn Short.Plat No.8P-22=77, recorded under Recording No.7905301012,being a revision of Short Plat recorded urider Recording No.7712130917, in King County,Washington, n being a portion of the Eayt half'ol. th6 Southwest ttuarter of Section 32, Township 21 North, Range 5 East,Willamette Meridian;in King Cotr+N.Washington. O O - O alyo rt O �' t (D Y . r Ul 4 a ly - CD I Project Name: Kersey3 February 20,2006 WRWAm 11394L.041.doc ' I 201308050642 Page 11 of 21 r EXHIBIT A-2 ,I • Retum Address: ' - FiCy 6t-AUbym I��I{{VVtnn1��IIpp'' IIIIt1ttRR��ppyy'NN,,''fffft1,,,,rrgg����4���{{t1f111ff'1111 � (IWI'tuYl I :City.Clerk, .. I '�In11arA1,N' � 251VeslMtatit .Auburn,wA 9806x, 20 X106300 b2�•51 pCr,s/b0eat OF 10 170636 KING COUNTY, UR T O :Abov'c lliie lino m=rved for mording information. PACIFICN00HWEST;TITLE � 'BILL OF SALE FAC06-0013 rD rD Refereate n(if applieeble): NIA f) ;Grdntgr/tloffoxver: K'cmy'3 Improvements,LLC � i (D Gmntee/Assignte/Boneliaimr : City of Auburn O Legal De'l rlptior/STR' S32—T21N—R5E 1 =3 Assessor's Tax Per9etiD N; 322105.9015,IV 105-9017 and 322105-9039 KNOW ALL MEN BY THESE PRESENT$ that for and in consideration of the sum of TEN DOLLARS (510.00), and for the consideration of incorporating the Extension O into the City system,and other good and sufficient consideration,receipt whereof is hereby 'Kersey 3 F-r acknowledged, the undersigned Grantor Improvements, LLC does by these 1 —r, presents hereby convey, setover, assign, transfer end',waryant to the City of Auburn, a ! O Municipal Corporation of the State of Washinedii, i 10,858 LF of street, 39 each of streetlights, W • 134 LF of 8",6,079 LF of 12"and 2,008 LF of 16'fwAterlirrc, • 1,814 LF of 8"and 2,131 LF of 12"sanitary sewer, • 119 LF of 8" Dl, 170 LF of 12" DI, 259 LF of I8 DI,;226.iF o1' 36" DI, 765 LF of 12" PVC SDR-21, 2,768 LF of 12" PVC SDR-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,,Z37' (if 18"11UPE, and 255 LF 18"CPEP storm drainage sewer, • a new traffic signal at the intersection of Kersey Way SE, Evergreer(Wgy-Sl and 53rd Street SE Billof5ale Page I of 201308050642 Page 12 of 21 pnd'hll appurtenances or any other associated public facility as shown an the public facility exten-iiott'plans-rcferred to as FAC06-0013,the Evergreen Way SE and Kersey Way SE 'ddveIqpfij6nt: .. ......... Situated w.ithjn.-1h*f61iO`W.ing described real property,located in King County: -IERETO AND BY THIS REFERENCE MADE A PART . . E,IEAACHED I and the said Grant6i'.hercby warrants that it is the sole owner of all the property above -n con 'we to convey the same and that it will defend the title of the 0 Grantee;"' I 'a' full po all lawfully making claim thereto, and indemnify the -y d said inst any hn City I'Itg'm I njqk of Auburn for Ony costs ncrt ill ttorney fees in defending title. h rD rD 0 rt 0 sy j7- Bill of Sala Page 2 of 4 201308050642 Page 13 of 21 IN,WITNESS WHEREOF the Grantor has executed these presents this rvcAeV 2v1 ,26+9r thoriz ure 0 STATE OF WASH MTON Iss COUNTY OF ktN& ti (D I certify I have know or.have'§.atjsfhctory.Pvidcncc that Tom Ym—t is/are the person(s) wh6 •oppeatoil 'belf6re me,, and said person(s) acknowledged that helshe/they signed this instruMblit,oh with stoted'-that he/shelthey was/were authorized to C7 execute the higtrarficnt• and acknowledge as the O Develanment- Ma,Naae.' of—'WA 0 a Ilmit4d liability cothparly,it,bc&6 free and voluntary�act of uch party for�thcuses and purposes mentioned in the instrument.- Dated 913121)11 0 0 ...... it, 141C SS;0N I I Notary Public hi.andTor the State of Washington CD S. AOTA,�y t'1%. Residingat %UA 'UBUG lvlyappointmcntzx--fcs 0 'b -'o \1 ;'� 6 '0 -N. .......... .. HS/flb File: 01089A REF- li:\Dcyclopillcill\Projcc(\Kcmey 111kFAC06-001 MUgal DMUments12010 Billot'Salc Page 3 of 4 201308050642 Page 14 of 21 ,. EXHIBIT `A' THE,SOUTk,1V-E$.T'QUARTER OF THE SOUTHEAST QUARTER AND THAT EORTION OR'THE NOAtHWEST QUARTER;OF THE SOUTHEAST.QUARTER LYING SOU`CHERI,2Y dF THE H.B.CARTER'COUNTY-ROAD;-ALL'1N SECTION 32, TOWNSH-IP,21 I� R`PH;RANGE 5 EAST,WIL.AMETTEME'RIDIAN,KING COUNTY;WASHINGTON. 0 EXCEPT THe'PORTIQN THEREOF CONVEYED TO RING COUNTY FOR STUCK ROAD AND BY DEED RECORDED IINDER RECORDING NO,5407388. (D AND EXCEPT TidAT.I'ORTION.THEREOF CONVEYED TO KING COUNTY FOR (p LAKE TAPPS ACCESS)'2OAD,BY•AEED RECORDED UNDER RECORDING NO. (D 5801756, n DIVISION 2: ~i (D LOT'I;CITY OF.AUBURN>SHORT'PLAT NO.EP-22-77,RECORDED UNDER O RECORDING NO.790530101.2,13EINO A AEVISION OF SHORT PLAT RECORDED UNDER RECORDING NO.77I2130¢t7,IN KING CGU9 TY,WASHINGTON,BEING A EORTION OF THE EAST HALF OF THE SO�?TH - QUARTER OF SECTION 32,TOWNSHIP 21 NORTH,RANGE 5 EAST;WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON. O rt N Bill of Sale page of4 , I n J•lird���_' s r i� 111'•�i' , :,``�t ® - I! I , 1 ��� a�• 2 '. .�4,f Y�eF Irt , IP ks, x s1 I[ s �'Y,SSy Y 1t;i ♦ SF i r,. I � �s ' 1 r 1 �.l 3 WIN • � 1.1 x+.� ' IriA',f I 1 , 1174!" 1 Na • �i lA` 1 r ��, I i al �.L �I, � ,1�� ro I � rp1 _ �lt+I ':,i tJl � ,r..•II t � - 1 wy/; 1 .. rr,- •1r _ �:v • y�e 1 �I Yfyr� J v:: s '7 kr 0-a � y- .3 ""'!r t `s:' .= •� 4 yY S f�. �. -, • x� nt4 Kh J a� r'1 rIw r �r I' e� _.•!::uni:nm ii� ' C k k i r • c ' • 1 r .i ��11i1 -:.\�ppIII11111�i � Gh �.nubs .f.......,�nl, `•, � :.\•11111111 �.�. .u. ��`•ory,G I•yj., II 97 •i•'••, ••�� ft"' 1O• I 'I. Pn.. __ =_IL;u �■`_ir��-. 1 �'�� '- 7 :.� III.:. ■1 .... ��.:_ . ':;•"'./,,;�,%',9 'h� IIII■ ,;1;1,,, _���� �_' ���\� •s•,�•• 'p;n• mar,.;� r'r!..;': • 6• 4�• ';'ryl.-p (pal 'yrb9. n J�l�=�■� III =_- •71111111.111'• "'�: _ 201308050642 Page 16 of 21 Exhibit C Sanitary Sewer Payback-Front Footage Charge Sewer Segment Front Front Footage Parcel.r4umbIir ic`harge tinear foot) Footage (ft) Charge ($) 30210$9024 5346,04) 660 $208,586.40 2921099044.. IV($139.64) 350 $48,664.00 32210590051. IV W_*.W 1056 $146,826.24 32210 9LO26 '11V;�l 404 $56,172.16 —5900_ .19r Q4) 8 $232,892.00 2210 sy(�j 30,0 1675 3221059018 IV($419.04) 173 $24,053,921 3221059019 IV(�I'39.04)' $17,101.92 -n $36,567.52 0 3221059022 IV($13.9.01) 263 1 32210 90D IV($139.041] 546 $75,915.84 —1 72-21059=7 . " ' 2 $220,378.40 (D 3221059028 ($139.041 270 $37,540.80 722105-9029 IV( 1391;04) 70 $9,732.80 (D 3221059009 V($88.96), 10-4 $9,251.84 (D 3221059014 V($88,96) 214 $21,706.24 71 322/059020 IO59020 V 88.96 $45,992.32 r) 3221059024 v($88.96)kl. 'Zoo $17,792.00 (D 3221059025 v($98.96) 317 $28,200.32 0 3221059-026 V($98.96) $35,495.04 —1 3221059031 V(W.96) ."1112 $98,923.52 3321059059 V($88.96) 530 X47,148.80 3845000010 V($88.96) 51 $45,992.32 —3 3945000060 V(588.96) 11 11 9,785.1 0 3945000070 v(588.95) 1 :453 8 Total `1 .$1,488,330.88 0 M .......I Ln Qj iD__ F 201308050642 Page 17 of 21 Exhibit D Kerrtey'$anitary Sewer Payback-Area Charge :Panel Ndmbei Area Charge(per RCE) suti'9asin_l 0520051016 5888.46 0520051019' $888.46 0520052007 5888.46 0520052008 $888.46 0520052011 5888'46 0520052012 $888.46 0520052015 $888.46 0 0520052016 $888;46 0520052023 $888.46 0520052024 $888.4 (D 0520055001 ' .. ,.$888.46 (D 0520055002 $888:46 0520055003 8.46 73 0520055005 5888.46 n 0520055006 .5888.46 , (D 0520055007 $888'46 0520055008 .$888'46 0520055009 5888.46,' 0520055010 5B8846 0520055011 $888.46 0520055012 $888.46 0520055013 $888.46. O 0520055014 5888.46 f"t 0520055015 $888.46 ' O0520055016 $888.46 1 0520055017 $888.46 -7 0520055018 $888.46 (D 0520055019 $888.46 .. ........ 1 0520055020 5888.46 - tn 052WS5021 $888.46 Qj 0520055024 $888.46 (D 0520055025 $888.46 ` 0520055031 $888.46 .- 0520055033 $888.46 0520055034 $888.46 0520055035 $888.46 0520055036 $888.46 0520055037 $888.46 0520055038 $888.46 0520055039 $888.46 0520055040 $888.46 0520055041 $888.46 ... 0520055042 $888.46 - 0520055041 $888.46 $ 0520055044 $M8.46 201308050642 Page 18 of 21 Kersey Sanitary Sewer Payback-Area Charge •Parj T Number Area Charge(per RCE) 0520055045 -....1 $888.46 052<1055�46 $888.46 0520p55047 $688.46 0520055098-... "88.46 0520055049 ,• $888.46 0520055050, $888.46 0520055051 - $888.46 0520055052 5888.46 I 0520055053 - $888.46 0520055054 .. 5888.46 0 0520056001 $888.46 -$ 0520056002 5888.46 0520056003 rD 0520056004 $ _8'. 6 0520056005 "" $888.46 rD -1 0520056006 $ 88.46 rp 0520056007 .$886:46 I 0520056008 .,588& 6 r7 0520056009 $888.46.• [0520056010 0 0056011 0056012 '5888.46 0056018 .46 0056019 $888.46 0056020 $888.46 0 0056021 5868.46 20056023 $888.46 `. "11 0520056024 $868.46 0 1043500010 $888.46 _N 1043500020 $888.46 -7 1043500030 $888.46 7043500040 $888.46 _ 1043500050 $888.46 1043500060 $888.46 1043500070 $888.46 .. 1043500090 $888.46 1043500100 $888.46 1043500110 $888.46 1043500120 $888.46 1043500130 5888.46 3221059004 $868.46 \ 3221059009 $888.46 3221059010 $888.46 3221059011 $888.46 3221059013 $888.46 ,.. 3221059014 $888.46 3221059016 $888.46 ' 3221059020 $8BB.46 ' I 201308050642 Page 19 of 21 Kersey Sanitary Sewer Payback-Area Charge PSrceCNumtibr Area Charge(per RCE) 3221059024.""` $888.46 i 3221059025 $888.46 32A0590Yb $888.46 3221059Q30-- $888.46 3221059031 5888.46 3221059033 $888.46 3221059034 $888.46 3221059035 5888.46 3221059036 $888.46 3221059037 "' $888.46 32 0 21059038 $888.46 s 3221059040 $888.46 -1 3221059041 ,58@8.46, (D 3221059042 5W.46 --t1 3221059043 " -$888.46 3221059044 (D 3221059045 . 888.46 3221059046 •$66L46 (7 3221059047 $ 88.46.• M 3221059048 $888'.46, O 3221059049 •"$888:46 3221059052 5888.46' 3221059053 $888.46 3221059054 $888.46 3221059055 $888.46 3221059056 $888.46 rt 1221059057 $888.46 `. 0 3221059056 $888.46 Q 3221059059 $888.46 -1 3321059007 $888.46 ' 3321059008 $888.46 M 3321059009 $888.46 °• - j 3321059010 $888.46 "' 3321059011 $888.46 - 3321059012 3321059013 $888.46 3321059014 $888.46 - , 3321059015 $888.46 3321059016 $888.46 , 3321059017 $888A6 , 3321059018 $888.46 3321059019 $888.46 3321059020 5888.46 3321059025 $888.46 3321059026 $888.46 - 3321059031 S888.46 3321059034 1 $888.46 .. ' 3321059035 $888.46 + 1 201308050642 Page 20 of 21 i Kersey Sanitary Sewer Payback-Area Charge ,Parcel NUmbar Area Charge (per RCE) 3321059037 $888.46 3321059038 $888.46 3324059034 $888.46 I 3321099040-- $888.46 3321059041 $888.46 3321059042 5888.46 3321059043 5888.46 332105904 5888.46 3321059045 $888.46 3321059046 "' $888.46 O 3321059047 5888.46 1 3321059048 $888.46 ...5 3321059049 :X888.46, (D 3321059051 $888.46 3321059052 """' 888.46 ,..5 3321059053 $W.46 (D 3321059054 .$88B:A6 73 3321059055 $888. 6 r) 3321059056 M 3321059057 " 1888:46• O 3321059058 ''$898.46 3321059059 U88.4,6 ' 3121059060 1888.46 3321059061 $888.46 3321059062 $888.46 O 3321059063 $888.46 r y 3321059064 $888.46 3321059065 $888.46 - Q 3321059066 $888.46 1 3321059067 $888.46 3321059068 5888.46 ' 3321059069 $888.46 1 3321059070 $888.46 Qj Qj 33Z1059071 $886 46 _ 3321059073 $888.46 - .. 33Z 0059074 $888.46 3321059075 $888 46 ' 3321059076 $888.46 3321059077 $888.46 3321059078 $888.46 3321059079 $888.46 3321059080 $888.46 , 3321059083 $888.46 3321059084 $888.46 3321059085 $888.46 ! 3321059088 5888.46 1321059089 $888A6 3321059090 $888.46 201308050642 Page 21 of 21 -Kersey Sanitary Sewer Payback-Area Charge agrcl?I Number Area Charge(per RCE) 3321059091-""` $888.46 3845000020 $888.46 3845000060 $888.46 3845000074-- $888.46 Sub Basin'2 ' 2921059019• $874.78 2921059022 $874.78 2921059044 $874.76 2921059046 $874.78 -n 2921059053 $874.78 0 3121059001 $874.78 —1 3221059001 $874.78 3221059002 - .•$874.79 ( 3221059003 �� : ..5$74.78 In 3221059005 $834.78 -I ]221059006 $874.7&, 3221059008 '5974178 3221059018 S874 78 ' n 3221059019 5871.78 1(D 3221059022 $874:7 0 3221059023 -8874.78, 3221059027 .$874.78 l< 3221059028 $874.78 . 3221059029 $874.78 3321059005 $874.78, Q 3321059006 $874.78 , ' r"t 3321059050 $874.78 0 Sub Basin 3 ""- 1 2721059017 $831.17 -7 2921059002 $831.17 (p 2921059006 $831.17 •••• 1 2921059020 $831.17 - 2921059021 $831.17 2921059025 $831.17 3021059024 $831.17 , I , I i i FMf AMENCA r WzZ� 5f z;� CT c Return Address: City Cle bum k IIIIVI�I�II I VIII�III�I�VI W�III UUI I1dI II I 1 W II II IIV II 25 West Main 20130827000508 Auburn, WA 98001 FIRST AMERICAN AG-RER 94.00 PAGE-001 OF 023 08/27/2013 09.38 KING COUNTY, YA Above this line reserved for recording information. PAYBACK AGREEMENT DEVELOPER'S SANITARY SEWER EXTENSION Reference#(if applicable): N/A(unless previous.recording't/) Grantor : City of Auburn. Grantee : Kersey 3 bn9rov onts.LLC Legal.Description/STR: Sections 29-32,Township 20 North,Range5East Assessor's.Tax Parcel ID#: See Exhibits C&D 50 Z1 US - 4p2Sf -. . This Aghceinent made and entered into this day of 2019,.by and between the City of Auburn,a municipal corporation of King County, Washington,hereinaftet called the CITY and Kersey 3 Improvements LLC,whose address is 22430 SE 23]"St, Maple Valley, WA 98038 hereinafter referred to as DEVELOPER. WHEREAS,pursuant to Chapter35.91 RCW et seq.,the CITY has by Resolution No.4972 adopted by the City Council of the CITY on the 15th day of July,2013, approved the execution of this Payback Agmementwith the DEVELOPER above and referring to facilities described herein; and Said documents were fiW of record as an accommodation only. it has not been examined as to proper executiorror as tp Its of not �. ••• upon title. :i WHEREAS,the above-described DEVELOPER has offered and the CITY has agreed to aecept.the bills of sale found as Exhibits A-I and A-2,attached hereto, as part of the utility systems of the CITY; NOW THEREFORE,*CONSIDERATION OF THE CONDITIONS AND COVENANTS EFREIN,THE PARAT AGRFF,AS FOLLOWS: L DEVELOPEI? At the tirne'of construction, the #ove-described DEVELOPER was the record OWNER of real property legally'described on Exhibit A-1 as Kersey 3—Division I and Kersey 3-Division 2,submittedby the DEVELOPER and attached hereto. "DEVELOPER" shall include 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 low requires for aotice-to creditors, and the'DEVELOPER provides the notice required by section X ofthis agreement. IL FACILITIES The public' sanitary sewer 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 Dr lope Public Facility I;xiensiony herein referenced as FAC07-0008 and FAC06-0013, the originals of which are on'file at,the office of the City Engineer. The facilifies have been constructed in accordance with the ordinances and requirements of the CITY goveriing the construction specifications for facilities of such type,and have been approved by Ahe City Engineer. ITT. AREA OF FACILITY SERVICE AENEFIT The ptvperties benefited by the facilities constructed by the DEVELOPER are shown on Exhibits B, C, and D, incorporated herein by reference. Any owner of real estate legally described within'lhe benefit boundary as shown on the attached Exhibits B, C, and D, shall pay as a condition for connecting to the facilities, an amount as identified in Section V. AIL property within the benefit boundary shall be subject to the connection fee as provided in,this'agmemeut 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 (latecomcr) of real estate legally described in Section III, and which owner has not fully coptributed their pro rate share to the original cost of the above-described facility,shall pay to the CITY"the i i 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. The CITY shall'reimbur$e the DEVELOPER within 60 days of the date the City receives payment from a person requesting connection to the facilities. Upon the expiration of the+20-year te'rtn, any moneys collected by the CITY will not be reimbursed td.-the D&ELOPER. V. AMOUNT OF'REIMBI)RSZMENT' Sanitary sewer collection facilities: The DEVELOPER, his successors, heirs and assigns, agrees that.the amounts which.the DEVELOPER is.reimbursed from the property owners es specified in Section III of this Agreement,represents a fair pro rata share reimbursement for the DEVELOPER'S construction of the facilities described in Section 11 ofthis Agreetnent. .The specific amount of reimbursement will be the sum of the front footage charge,if applicable,and the area charge. The front footage charges, for those parcels subject.to that charge,are listed,in Exhibit C and shall not exceed the following amount: „ $ 1,488,330.88 The area charge will be the number of residential customer equivalents (RCS's), also referral to as equivalent residential units (ERU's),to be connected to the system under a sanitary sewer permit multiplied by the single family connection charge for the property's sub-basin. Each parcel's charge per'RCE is shown on Exhibit.D. The total amount of reimbursement to the DEVELOPER from the area charge shall:not exceed $3,285,251.29. The total reimbursement to the DEVELOPER from the area charge for each sub-basin, as shown on Exhibit B and listed in Exhibit D shall not exceed the following amounts: Sub�Easin 1'` $1;9.12,854.38 Sub-Basin 2 $ 8,19,668.86 Sub-Basin 3 $ 552,728:05 The total amount of reimbursement to the DEVELOPER for sanitary sewer facilities from all applicable'charges shall not exceed$4;773;582.17 VI. 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 reflected in the records of the Pierce County Assessors Office and the Xing County Assessors Office, as specified in Section III, notification of the allocation , of costs to be levied against the properties which are payable prior to connection to the systems. The property owner shall have the right to review the costs with 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 .causp -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 recordation. The resulting adjusted Exhibits C and D shall govern ieimbosement 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 agreemerit.shall be repeated. VII. EFFECT OF AGREEMENT The provisions of this Agreemeni shalt.not be effective as IQ any owner of real estate not a party hereto unless.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 connect to said facilities. The DEVELOPER shall provide the CITY with proof of recording. If for any reason, the CITY fails to secure.a latecomer payment forOwnces'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 recordation and completion of this„Agreement is upon the DEVELOPER,who agrees to do all and to hold the CITY harmless. VIII. -OWNERSHIP OF FACILITY The DEVELOPER has constructed the facilities described in Section II 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 home by the CITY. D{. UNAUTHORIZED'CONNECTION 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 fib.liability for any damage to any person or property resulting from removal of the unauthorized connection. X. CURRENT ADDRESS&TELEPHONE NUMBER I 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-reimbursement of charges to the DEVELOPER under this Agreement. Every two'years from the effer;tive 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 XI. ADMIMSTRATION Any inquiries regarding the administration of this agreement shall be directed to the City Engineer. XII. COVENANT RUNNING WITH THE'LAND " This.Agreemcnt shall be binding on the DEVELOPER, its successors, heirs and assigns and shall so be binding on the.legal owners of all picpieities described; within the benefit boundary of the area as 'shown in the attached Exhibits.B,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. XIII. 'HOLD HARMLESS The.I)EVELOPER 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;, 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 prepatation 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 arty 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 hereofwould havebeep prepared, proposed, adopted and approved and ratified irrespective of the fact that any one ST.AT$OF WASHINGTON) )ss. County of King ) I certify that I 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, on oath.-stated that they were authorized to execute the instrument and aeknowledged'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. pp4..4tA K C.Q�14 h � Notary Public in and fort the State ofi: eshingionaa OT 0'V pF#o,,m� My appointment expires ��[_�yf�q\�o ? s° _ , , r Of_ N 4 ' STATUOF WASHINGTON) ) ss COUNTY OF KING ) t� I I certify I have know or IS have satisfactory evidence that O l� f wser►n De✓l. is/are the person(s) who appeared_liefore me, and said person(s) acknowledged that he shelthey signed this instrument on oath stated that Wsh they wadwarg, authorized to execute the instrument and acknowledge as the 0 ia-;-$TresiA� VL _.. of KP1 ,5eQ 3 Xn.or ooemPnts,LGC a lirnited'liability company; to be the free and vo ntary act of such party for the uses and purposes mentioned in the instrument. Dated 01-1(L'- 1-3 ��IIII�� OOsON✓O EX7 f 01. NO rt9 O: Not u lie n an r the t of Was ton o LBLIC Z Resldin at cl.l VA • 1\\ My appointment expires D If - \3 -� WASHINVIlP I . i ., EXHIBIT A-1 3 /3 (0 5S Return AWdrs:u: City ofAubum CityCI-A 25 West Main Auburn,.WA 98o0f Zp 080328002407^� 03129 2000 10:30 KtUq tM1 ! YB Ahow this Give mrcrned fm recording infe'malim. P�W-T VJ9ot�-12+. BILL.OFSALk © FAC07-0008 Reference N(if applicable),, WA Granior/Borrower. K=sc 3 In menW L,LC , Grantee/AssignedBeneficiary: City of Auburn ' Legal Descrip(ion/STR: 32 2 TW5J[. A,xusror's Tax Parcel ID N: 322105.9015 and 322105-9039 KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of TEN DOLLARS-IS 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 Kersey 3 Improvements LLC does by these presents hereby convey, 'setover, assign, transfer and warrant to the City of Ailburn, a Municipal Corporttti in of the State-of Washington, 10 LF of 12" storm drainage main, 110 LF of 18" storm drainage main, 69 LF of 24" storm drainage main, 92 LF of 8" sanitary,sower, 40 LF of 10"sanitary sewer, 2147 LF of 12" sanitary sewer, 1737 LF of I8"sanitary sewer, 4689 LF of 24"sanitary sewer and all appurtenances or any other associated'public,€icility as shown on the public facility extension plans referred to as FAC07-0008, the'Kcrsey 111 Off-Site Sewer Improvements development. Situated within the following described TWproperty,located in King County. See EXHIBIT W ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. and the said Grantor hereby warrants that it is the solo owner(s) of all the property above conveyed; that it has full power to convey the,same and.that.it will defend the title of the said Grantee against any and all persons IawfuHy making claim thercto,•end indemnify the City of Auburn for any costs,including Atlomey ee 'Idefd, inLti&e. W - ;*W by Pacitc WW wegTdle" 8000mmodallon only.It has not been vxwrl w as to proper examMoner as to Its alleot upm Md. Bill of Sale I Page 1 of ;1 : I I I EXHIBIT A-2 Return Address: City of Auburn Pity0cilk 25 West Main Auburn,WA 98001 106300 PA ric HUI GS PATeat OF 916 Vjw"COUN V. A Abow this linercsurycd rwrccording Information. PACIFIC NORTHWEST TITLE BILLOFSALEC/6q ' jO50-2- TAC064013 Reference P(if applicable): NIA Graotor/Borrower; Kersq3 Im P r6veduents,ILLC . Gruntee/Assigneeffimcriciary: city or Auburn Legal Dacription/STR: S32-T2 IN-RM • L", Assmor's Tax Parcel ID M 322105-9015,322105-9017 and 322105-9039 KNOW ALL MEN BY THESE PRESENTS that for and in cmideration 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 where6f is hereby tijcknowledged, The ign� Grantorskersey 3 Improvements LLC does b� these set over,,assign, transfer and warrant urn, a Munic'i"p'ul Corporation of 110 State of Wo hington, • 10,858 LF of street, • 39 each of streetlights,. • 134 LF of 8",6,079 LF of 12"and 2;008.LF or 16"waterline, 0 1,814 LF of 8"and 2,131 LF"Of I?"sanitary sewer, - a 119 LF of 8" DI, 170 LF of t2" Dj, 259: LF of 18"-DI, 226 LF..of 36" DI, 765 LF of IT' PVC SDR-21', 2,768 LF of 12,' PVC SDR-35, 1,652 LF of 18" PVC SDR-35, 3,046 LF of ZV PVC SIDR-35, 3,068 LF of 36" PVC SDR-35, 76 LF of 42"PVC'SDR:-35,337117 of 18"RDPE, and 255 LF 18"CPEP storm drainage sewer, • a new traffic signal at the intersection of Kersey Way.SE, Evergreen Way SE and... 53rd Street SE Bill of S41C Page I of 4 and all appurtenances or any other associated public facility as shown on the public facility extension plans refenrA to as FAC06-0013, the Evergreen Way SE and Kersey Way SE development: Situated within the fallowing described real.property,located in King County: Sec EXHIBIT 'A'ATTACHED HERFiQAND BY THIS REFERENCE MADE A PART'HEREOF and the said Orenior hereby warrants that it is the sole owner of all the property above conveyed; that it has full power to convey the same and that it 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 2 of 4 I f IN WITNESS WHEREOF the Grantor has executed these presents this dayof •-'j6va+V IA{lthoriz Sl a re STATE OF WASHINGTON ) )as COUNTY OF KING ) 1 certify 1 have know or have satisfactory evidence that Tom You nn : islare the persons) who appeared before me, and'said personrs) <poknowledged that helsheltfiey signed this instrument on oath stated that hpAhrlthey wasAverd authorized to execute the instrument and acknowledge as the DewJanmeni- MQ,vuae'- of KEN a Iladtdd liability colbpmly,to be the free and voluntary ect of uch party'for the uses and pufposes.meniioned in the instrument. Bated a/3/-2Pll WON "YM Notary Public in and for the State of Washington v Y . i Residing at. n hni... Villa My appohriment expires U I-6-13 •,Or .......... 0 A t i C'pASH��J�tt t .. HS/116 file: #1089A REF: llADevclopmenMroject\Kersey 111TAC06-00131egal Docuinents\2010 6111 or sale Page 3 of 4 ............. v WISIQNI :I ln SOUTH AND THAT SOUTHEAST Q*bARTER SECTION 32 O2 TH,-RAN OES'EAST;Wl,i gMETTEMERIDI.AN,''KING MUNTY"WASH;NGTON. %;EXCEPT THATPORT1ON THEREOF CgNYEYED.TO KING.COU NT Y.FWSTUCK, ROAD;AA(D BY ED REtORDEDUNDER "A'07388. TPbRTidi4,T-k-tkEOFICONVEYtD'T-, ;ARID EXCEPTTHA 0 KINg COUNTY'FOR 0 - I - 111.,0511. 1 o APPg ' tbESSROAD B EED RECC iiE60RDMG N, ... 756 DIVISION;2-:,, ,.!',LOTji;tiT,Y,bP:AUBURN-SHORT P,LAT�NO.:SP-22-77 RECORt)ED.(JNDER,- ,-. ".."F ":, RE�GORDINQ NO 7905301012, LtVAlbNo�,tRb BEING A'R RTPLAT RECORDED jN Y SH G DER G COUNTY 'UN %IRECORDING,NO.7712130917,--IN k 1% A-PORTIONiOFfili'-Ii'EAST,HALF OF SOUTHWEST -ON ;,,k 4TOWNSHIP2f. 4-diffi,iAN&5 EAST;""WI L'*'' '—'-:COUNTY,`IWASHINGTON, Blllo Sale T*4 of4 J: AVE SE NORMAN A _ r SPA Gj DESIGNED S KERSEY 7 SEWER LATECOMERS JOB NUMBER DRAWN AGREEMENT-(SEWER BASIN EXHIBIT MAPS CHECKED __ SUB-BASIN 1 DATE 4/10/13 , SCALE N.T.S Win.ti i r ' 1 � P DESIGNED f KERSEY 7 SEWER LATECOMERS JOB NUMBER DRAMN MY AGREEMENT-SEWER BASIN EXHIBIT MAPS CHECKED SUB-BASIN 2 DATE D 17 ��� „ 2 SCALE NJS xw S PJ C P, 0 0 DESIGNED ,E KERSEY 3'SEWER LATECOMERS JOB NUMBER DRAWN YY AGREEMENT-SEWER BASIN EXHIBIT MAPS CHECKED __ SUB-BASIN 3 DATE 4/10/13 �par� „ 3 SCALE N.T,S _ — r uA Exhibit C Kerse Sanitary Sewer Payback-Front Footage Charge Sewer Segment Front Front Footage Parcel Number .jc6vw Mew foot) Footage (ft) Charge($) 3021059024 ,,01($)16.04) 660 $208,566.40 29210590M IV(5139.94) ° 350...... $46,661.00 3221059005. IY:(5139.04): 1056 $146,826.24 3221059006 ,IV($139.04) : `401 , $56,18.16 3221059008 IV($139.04) 16751, z $232,692.00 3221059018 IV,(5139.04) 173 .' $21,057.92 ]221059019 IV(5139.01) 723: $17,101.92 3221059022 IV($139.04) 263 $36,567.52 3221059023 IV($119.1H)' 546 .$75,915.84 , 3221059027 IV(5139.04) 1585 $220,378.10 3221059028 IV(5139.01) .270 $37,540.80 3221059029 IV($139.04) + 70 S9,732:80 3221059009 V($88.96) 101 59,251.81 . „ 3221059014 V($88.96) 244 $21,106.2 3221059020 V($86.96) 517 S1 ,992,32 , 3221059024 " . V($88.96) 200 $17,792.00 3221059025 '.V($88.96) 317 ,'$28,200.3Z 3221059026 . V($68.96) 399 535,4 95.04 3221059031 Y($88.96) 1112 $98,923.52 - 3321059099 V($66.96) 530 547,146.80 38/5000020 7V($86.96) 517 $45,99272 °' 3845000060 V,($U.%) 110 $9,785.60 3845000070 .'V(S68.%) 153 517,610.88 Total 51,488,330.88 " Exhibit D Kersey Sanitary Sewer Payback-Area Charge ParcelNumber Area Charge(per RCE) Sub Basin 1 . 0520051016 SBQer46 0520051019. 4;6. $888.46. 0520052008 $885.46 0520052011 $888,46 0520052012 $888.46 0520052015 5888.46 ' 0520052016 5aga.44' 0520052023 , '$888.46 0520052024 $888.46 0520055001 5888.46' 0520055002 $888.46 0520055003 $888.46 0520055005 $888,46 0520055006 S868.46 0520055007 $888.46 .. - 052005500E $aB8.46 - 0520055009 5888.46 052005501q $888.46 0520055011 5888.46 , 0520055012 5888.46 0520055013 5888.46 " 0520055014 $888.46 0520055018 $888.46 0520055016 _.5898.48 0520055017 $888.46 , 0520055018 $888.46 0520055019 ,5888.45 0520055020 $888.46 . 0520055021 5888.46 0520055024 5888:46 0520055025 $888,46 1 0520055031 5888.46 ° 0520055033 $888.46 ' 05200550.34 $888.46 0520055035 $888.46 0520055036 5888.46 ' 0520055037 5888.46 , 0520055038 5888.46 0520055039 $888.46 0520055040 $888.46 0520055041 5886.46 ."'•'• O 0520055042 5888.46 05200556/3 $888.46 0520055044 5888.46 ", Ker;Oy.Sanitary Sewer Payback-Area Charge Parcel Number Area Charge(per RCE) 0$20055045 $888.46 0520055046. $888.46 0520055041 ,$888.46 0 52005 5 418 .. . ' $888.46. 05200550/9 $888:46 0520055050,: $868.46 0520055051 0520055052 'S888.46 0520055053 $88846 0520055054 .... $888.46 . 0520056001 $886.46 0520056002 5888.45 0520056003 $888.46 0520056W4 $888.46 0520056005 0520056006 0520056007 $888.46 . 0520056008 $888.46 0520056009 $888.46 ,. 0520056010 $888.46 .... 0520056011 $688.46 05200SW12 . 5866.46 , 052005601@ 5888.46 05200560}9 $888.46 '•^• ' 0520056020 $888.46 0520056021 $888.46 0520056023 $888.46 0520056024 $888,16 1041500010 •' $888.46 1043500020 $886.46 . 1043500030 5888.46 1047500040 5886.46. . 1043500050 .. .$888.46 . 1043500060 4886,46 . 104350W70 5886.16. ' 1043500090 ` ,5888,46 10435W I W 5888.46 1043500110 5888.46 1043500120 $88g.46 1043500130 $888.46 3221059004 $888.46 3221059009 $888.46 3221059010 $888.46 . . 3221059011 5888.46 3221059013 $868.46 „ 7221059014 $888.46 „ 7221059016 $888.46 3221059020 $888.46 �,...,•.,. i " Keney,Sanitary Sewer Payback-Area Charge Pbrcel Number Area Charge(per RCE) 3Zi105,9024 $888.46 . 1221 D59025. $888.46 3221059026 .58B8:Y6. 3221059050 5888.46: 7221059071 $888'46 3221059033 5888.46 3221059034 5888;46 7221059035 5888.46 7221059036 $888:46 j _ 3221059037 $888.46 3221059038 $888.46 3221059010 .5888.46 3221059041 $888,46 3221059042 5888.46 " 3221059043 $888.46. 32210590" $888. . 3221D59045 S888.46 3221059046 $888.46 1 3221059047 $888.46 - 3221059048 $888.46 3221059049 5888.46 - - 122105M!' 5886.46 3221059053 i $888.46 7221059054 5886.46 . 3221059055 $886.46 3221059056 $888.46 3221059057 5888.46 3221059056 $886.46 3221059059 - $88816 33210590D7 $888.46 7321059008 $888.46 7721059009 ,5668.46' 7321059010 '$888.46 3321059011 .$88&46 3321059012 S888.46 3321059013 $88&46 33Z7D59014 $688.46 7121059015 $868.46 - 3321059016 5888.46 3121059017 $888.46 ' 3321059018 $888.46 3321059019 $888.46 3721059020 $888.46 3321059025 $885.46 7321059026 $888.46 „ 3321059031 $888.46 33210590M $888.46 3321059015 $888.46 Kersey.Sanitary Sewer Payback-Area Charge Parcel Number Area Charge (per RCE) � 3721059037 � 5888.46 . $321059038 " $868.46 3321059039 - 58846- 332,1059610 , 5888.46' 33210590/1 $888:46 3721059042 46 3321059047 33216590./4 8&46 3321059045 $88 .46 3321059046 $888.46 ' 3321059047 $88B.46 3321059048 $889.46' 3321059049 5888.46 , 33Z1059051 $88&46 3321059052 $888.46, 1321059053 $888.46 3321059054 $888.46 3321059055 $888.46 3321059056 $888.46 •, 3321059057 $888.46 ' 3321059058 $888.46 3321059059 5888.46 3321059066. S888.46 3321059061 $888.46 ^• 3321059062 5888.46 3321059063 $988.46 3321059064 $888.46 3321059D65: $888.46 3321059066 . 6 3321059067 $888.5888.446 3321059068 $W.4 3321059069 5888.46 3321059070 '$888.46 3121059071 $888M 3321059073 5888.46, 3321059077 '•,;888,46 ' 3321059075 5868.46 3321059076 5888.46 3321059077 S888.46 3321059078 $888.46 3321059079 $888.46 3321059080 5888.46 ' 3321059083 5888.46 3321059064 $888.46 3321059085 $888.46 3321059088 $888.46 3321059089 $888.46 3321D590M $688.46 i Kerley.Sanitary Sewer Payback-Area Charge Varcel Number Area Charge (per RCE) 3321059091 5888.46 384500002Q $888.46 3845000W 3845000070 $888,46 Sub Basin 2 2921059019 $874.x8 2921059022 - $87A 8 2921059041 $874.78 2921059046 $874.78 2921059053 $874.78 •" 3121059001 5874.78 3221059001 :$874.78 3221059002 $874.78 3221059003 .$874.78 3221059005 $87478 3221059006 $874.78 •• 3221059008 $874.78 ^ 3221059018 $874.78 821059019 $874,78 3221059022 $874.78 3221059023 $674.78 3221059027 $874.78 322105902t $874.78 3221059029 $874.78 7321059005 $874.78 ll210$9006 $874.78 3321059050 $874.78 Sub Basin 3 ,_ • 2721059017 $831.17 2921059002 $83f,17 2921059006 ,5831.17„ 2921059020 $831.17 2921059021 583.1,17 2921059025 $831:17 3021059024 $831,17 1 i I LEGAL DESCRIPTION FOR KERSEY 3-DIVISION 1 The Southwest quarter of the Soutpeasfquarter and that portion of the Northwest quarter of the Southeast quarter lying Southerly of the H;B.Carter County Aced; Ali In Seotton 4, Township. 21 North, Range 5 East, Willamette Meridian, King County, Washington; EXCEPT that portibn "roofconveyed'to King'Co"—for Stuck Road and by Deed recorded under Recording No.X407388; AND EXCEPT that portion Ihgieol cchveyed;lo,King County for Lake Tapps Access Road, by Deed recorded under Recording No.5801766. LEGAL DESCRIR'r1ON FOR KERSEY.3-DIVISION 2. Lot 1,City of Auburn Short Plat No.SP4?-77;recorded under Reootding No.7905301012, being a revlsiop of Short Plat recorded under Recording'No.77.12130917,'in King County,Washington, being 4'portion of the-East half of the Southwest quarter of Section 32, TowrtstJp 21 North; Range 5 East,Willamette Meridian,in ring County.Washington. a1fl � � 4 3 05123,01 Proied Name: Kersey 3 February 20,2008 WRW/lm 11394L.041.doe .. I IN WITNESS WHEREOF the Grantor has executed these presents this Aday of may-ck 2008. Authorized to Date STATE OF WASHINGTON )ss COUNTY OF KING 1 certify that I know or have satisfactory evidence that Thomas Youiig.is the person who appeared before me, and said person acknowledged thht he signed this instrument, on oath stated that hdshe was authonzed to execute the instrument,.and ackfiowledged it as the Development Manager of Kersey 3 (fliproventerds, LLC, a limited liablilty ,company, to be the free and voluntary act of such party for the-tises and purp6sqmcntiortid in this instrument. Dated Mar& 4t 2 MR Nalary We Notary Public in and foAhe State of Washington Commhft Rom Q76M-2Dj I Residing at rrl"l L I ILW -"Ivy appointment expm-'-L�l l HSAlb Fitv 0 1151 REF.H:\Dcvclopmmt\Projcw-McrwyllKFAC07-ODOR Off-sae Sm"Impmv tS%cgol Da mwj$ Hill of sale Page 2 of 3 • - I I or more section, subsection, sentence, clause or phrase be declared invalid or upconslitutional. CITY A Peter B. w ayor ATTEST: APPRO D ORM: Danielle Daskam,City Clerk D8' i eid, ity Attorney DEVELOPER: KQ t i UW PAZ tit„ sig"IUM signemfe TITLE: TITLE: