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Home My WebLink About6685 ORDINANCE NO. 6 6 8 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A PAYBACK AGREEMENT BETWEEN THE CITY OF AUBURN AND JEFF AND GWEN JOHNSTON FOR A UTILITY EXTENSION WHEREAS, Chapter 3.25 of the Aubum City Code (ACC) authorizes the City Engineer to develop, implement and administer, and the City Council to approve, extension payback agreements for utility improvements; and WHEREAS, Jeff and Gwen Johnston ("the Johnstons") have constructed the utility improvements described in the payback agreement that is attached as Exhibit D; and WHEREAS, the Johnstons have provided the City with a map and legal descriptions identifying the boundaries of the as.sessment reimbursement area and each parcel that shall be subject to an assessment for the utility improvements; and WHEREAS, the Johnstons have provided the City with the total cost of the improvements and a preliminary reimbursement roll showing the proposed assessment for each parcel of property within the assessment reimbursement area; and WHEREAS, the City notified each owner of record of a lot, tract, or parcel I within the reimbursement assessment area, through publication and certified mail, of a public hearing to consider this ordinance; and WHEREAS, the City Council held a public hearing and took testimony on the desirability and sufficiency of the assessment reimbursement area, the Ordinance No. 6685 June 14, 2018 Page 1 of 3 methods of calculating reimburse.ment assessments, and the assessment arimounts; and WHEREAS, the City Council fnds that entry into the payback agreement is in the best interest of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The assessment reimbursement area that shall be subject to assessment by the City for the cost of the utility system improvement completed by the Johnstons is established as that area described in Exhibit A and shown in Exhibit B. Section 2. The amount of the reimbursement assessment to be charged to each lot, tract or parcel within 4he assessment reimbursement area is esfablished as those amounts listed in Exhibit C. Section 3. The Mayor of the City of Auburn are hereby authorized to execute an Agreement between the City of Auburn and the Johnstons for the collection of as.sessments in the amounts and from the owners of the lots, tracts, and parcels established in fhis ordinance, which agreement shall be in substantial conformity with the agreement attached as Exhibit D. Section 4. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Severability. The proyi,sions of this ordinance are declared to be separate and severable. The inyalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, orthe invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 6. Effective date. This Ordinance shall take effect and be in force _ . _ five days from and after its passage, approval and publication as provided by law. Ordinance No 6685 June 14, 2018 Page 2 of 3 INTRODUCED: JUL 1 62018 PASSED: JUL 1 62018 APPROVED: .1UL 1 62018 1VANCY C US, MAYO ATTEST: �� Danielie E. Daskam, City Clerk APPROVE S TO FORM: Steven L. Gross, City Attorney Published: ael�� '`�`"> Ordinance No. 6685 J.une 14, 2018 Page 3 of 3 Exhibit A Ordinance 6685 Legal Description of Assessment Reimbursement Area Lots 1, 2, and 3 of Aubum Short Plat Number SP-10-81 as recorded under Recording Nainber 8106090801 in King County, Washington; along with Parcels A, B, and C of Auburn Boundary Line Adjushnent Number BLA17-0008 as recorded under Recording Number 20171013900003 in King County, Washington. Exhibit B Ordinance 6685 Assessment Reimbursement Area � ,� ^. si� , � ' i_n^c .{a�� L....�y � A'"�...� &"l.ir"'' ��.'� } t„r k �.„"-�,�. ('I�� F ' ��,.. .:: e ..�.s!� .,....'_"+ � � .. �24 (�,�,� �� j�ia �' . i .;,}� � �,� . .1. � a a ' � � � � I��, � ;; �� , Parcel M �:. ,_,._� h � � i � a e�� , : . oaoazaoo2l ` � �� Parcel '� i„ � ,�� , ' (34 567 sf ;��a F�`� r¢,�"., ' ��i ri.��.,. �;�? > l i 7� t i � „ OOQ420-0020 � _ � ,� �r p� �33�742 sf) , � � � ,,, Iu 7 � FBfCe� � ( ' " , ' 000420.0b11 � � ' � � � Q! y ttt l l z�—�r,^-�^-x�� I _� > (46 629 s,f} , � �-� .i ' i � ifl�`��I� �'��, i � a!� �. ' �r i u'��` s '-h � '� ° � . t /'�� rV � �iG j ' �; z ' I,�, ' �� _� . !��".,: �.� k �} . i � �" � � ��N �. i i �.t } .,�.',,.i . I� ' E � .e�� a � ' � � t o-n3 �� '�� . i �� ii��;l r " �'�' Ff t q�fl�� I#��P �� {3 ki� �� i : t � �.i��jt1 3�S '� � i� -� ty� r l�k�t � � � ,+iT(i ; ��i n >1� } 1Y j f� r° a r._ `0 �a ar, �� - s ,`F r .�,". w - '- �� 3. ,,i 4 '�et..: � n� � 3 i . � V i *,a P. I a , '. � '' t r�v�� 8�w �d6n"?"n"r k .1. � ��.i� � il� "� < ua. '�, t -.y"�a'S� �a. °F i y � i a �,, u� ,gi ' . .. �- ^R.�.�.a:k r � � ; � x , -4 �,_ �� Newly consirucc[ed � ; � � � � sewer extension � � �„� �'� " �Gj� -2 manholes � �� i ,j; �,�.`' ' � I � � ` i � � �, �� -900�feet S"PVC pipe M � _ , � �� . „+ � � (.`. � � Existmg Sewer - __.- -- ��„�: � :� ; �,� , � �, m � � . � Line and Manhole � i a�, , - '� � � E � �� ' r Pargel � I� . . � ..1 . � ,,'� , J 00 ' 040420 0027 - �,` , ` Parcei Parcel , , 26,395,s� � � 0420-0010 � �. d00420-0028 � (29,858 s� j ��'v � �i (26,21�4 sf� �` � F �� b I I I I n�.�.' �� t i��, � 11 I � � � 1 ��1 K ` I 1 , �E 1 r � ; �; , :: � . � ,�; �- � �F� � f�,� .•..: . � . , ;. �:•�. ��.. r:�i.,- .:�� -::: .,.i, � Exhibit C Ordinance 6685 Johnston Sewer Extension Benefitting Properties Reimbursement Fee.s Parcel ' Pareel Project Cost Reimbursement Number Address Current Owner Area s ' A ortionment� Amount 000420- 4036I Surinder 33,742 $13,052.01 $13,052.01 0020 Street NE Khan ra 000420- Labrador 29,858 $11;549.61 $11,549.61 0010 Ventures LLC 000420- Lalirador 26,395 $ ]0,210.06 $ 10,210.06 0027 Ventures LLC 000420- Labrador 26,214 $ 10,140.05 $ 10,140.05 0028 VenhvesLLC 000420- 4040I B.ernard and 46,629 $18,063.93 $ 03 0011 Street NE SandraJohnston 000420- 4046I PatrickKihuria 34;567 $13,371.14 $ 0° 0021 Street NE and Anne Kiarie Total $44,951.73 Notes: (1)Pazcel area at the time of facility compietion (2)Based on total project cost of$76,359.80 divided by the total area of tke six pazcels (3)De4eloper contribution made at time of construction (4) Reiinbiirsement was made direcUy to Developer during construction. Exhibit D Ordinance 6685 Payback Agreement 2018-01 (16 pages) Retum Address: City of Aubum City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. PAYBACK AGREEMENT 2018-01 DEVELOPER'S EXTENSION Reference#(if applicable): N/A(unless previous recording#) Additional on page: _ Grantor : City of Auburo Grantee : 1)Jeff Johnston 2) Legal Description/STR: (Sec 3l, Twp 22N, Rge SE) Additional on page: _ Assessor's Tax Parcel ID#: (parcel#) This Agreement made and entered into this /7� day of 2018, by and between the City of Auburn, a municipal corporation of King Co� Washington, hereinafter called the CITY and Jeff and Gwen Johnston, whose address is 4040 I Street NE, Auburn, V✓A 98002, hereinafrer referred to as DEVELOPER. WHEREAS, pursuant to Chapter 3591 RCW et seq., the CITY has by Ordinance W No. 6685 adopted by the City Couricil of the C[TY on the �r0'' day of , 2018, approved the execution of this Payback Agreement with the DEVELOPER above and referring to facilities described herein; and PAYBACK AGREE[vfENT DEVELOPER'S EXTENSION PAGElof8 WHEREAS, the above-described DEVEC,OPER has offered and the CITY has agreed to accept the sanitary sewer facilities described in Exhibit 1, Bill of Sale, attached hereto, as part of the utility systems of the CITY; NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: L DEVELOPER At the time of constn�ction, the above-described DEVELOPER represented Bemard and Sandra Johnston, the record OWNERS of real property legally described as shown on Exhibit 2 submitted by the DEVELOPER and attached hereto. The real property described is aiso identified as: Parcel number 000420001 1, City of Auburn;(King/Pierce) Coimty, Washington "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. FAC[LITIES The facilities which have been constructed by the DEVELOPER herein are as shown in the attached Exhibit 3, incorporated herein by this reference, and processed as a Developer Public Facility Extension, herein referenced as FAC15- 0010, the originals on file at the office of the City Engineer. The facilities have b.een 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. [II. AREA OF FACILITY SERVICE BENEFIT The properties benefited by the facilities constructed by the DEVELOPER are shown on Exhibits 4 and 5, which are by this reference incorporated herein as if fully set forth herein. Any owner of real estate legally described within the benefit boundary as shown on the attached Exhibits 4 and 5, shall pay, as a condition for connecting to the facilities, the 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. PAYBACK AGREEMENT DEVELOPER'S EXTENSION PAGE2of8 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 III, and which owner has not Fully contributed their pro ra4a share to the original cost of the above-described facility, shall pay to the CITY the amounts specified in Section V of this agreement. The charge herein represents the fair pio rata share of the cost of construction of said facilities payable by properties benefited. Payment of the latecomers pro rata share will be required by the CITY at the time the CITY issues a side sewer permit, as described in Auburn Ciry Code (ACC) 13.20.190 and 13.20.200, to connect and use the system. Facility extension agreements are not considered connection permits and no payback payments will be required as a condition of the construction associated with such agreements. Additionally, no payback payments will be required as a condition of the construction of individual side sewer stubs not connected for service. The CITY shall reimburse the DEVELOPER within sixty (60) days of the date the City receives payment from a person requesting connection to the facilities. Upon the expiration of the 20-year term, any moneys collected by the CITY will not be reimbursed to the DEVELOPER. The CITY's obligation to reimburse the DEVELOPER under this sectionshall not apply to any real property purchased from DEVELOPER after construction of the facilities. V. AMOUNT OF REIMBURSEMENT Sanitary se�ver collection facilities: The DEVELOPER, his successors, heirs and assigns, agrees that the amounts which the DEVELOPER is reimbursed ftrom the property owners as specified in Section I[I oFthis Agreement, represents a fair pro rata share reimbursement for the DEVELOPER'S construction of the facilities described in Section [I of this Agreement. The amount of reimbursement p.er square foot of the benefitted property at the time of the acceptance of the facilities, as listed in E�chibit 6, shall be $0387. The total amount of reimbursement to the DEVELOPER for sanitary sewer facilities from all applicable charges shall not exceed $44,951 J3. In the event that a benefitting property or properties is/are subdivided prior to connecting to the facilities, the City may reallocate the reimburse�nent amount(s) in a manner consistent with the methodology described above. The City will notify both the DEVELOPER and the property o�vner of any revisions to the reimbursement amounts. PAYBACKAGREEMENf DBVELOPER'S EXTENSION � PAGE3ofB Retum Address: City ofAubum City Clerk 25 West Main Auburn, WA 98001 Above this Iine reserved for recording information. PAYBACK AGREEMENT 2018-01 DEVELOPER'3 EXTENSION Reference#(if applicable): N/A(unless previous recording#) Additiooal on page: _ Grantor : City of Auburn Grantee : 1)Jeff Johnston 2) Legal Description/STR: (Sec 31,Twp 22N,Rge SE) Additional on page: _ Assessor's Tax Parcel ID#: (parcel#) This Agreement made and entered into this �� day of�, 2018�by and between the City of Auburn, a municipal corporation of Kmg Counry, Washington, hereinafter called the CITY and Jeff and Gwen Johnston,whose address is 4040 I Street NE, Auburn, WA 98002, hereinafter referred to as DEVELOPER. WHEREAS, pursuant to Chapter 3591 RCW et seq., the CITY has by Ordinance � No. 6685 adopted by the City Council of the CITY on the ��0` day of , 2018, approved the execution of this Payback Agreement with the DEVELOPER above and referring to facilities described herein; and PAYBACK AGREEMENT DEVELOPE2'S EXTENSION PAGE i of B WHEREAS, the above-described DEVELOPER has offered and the CITY has agreed to accept the sanitary sewer facilities described in Exhibit 1, Bill of Sale, attached hereto, as part of the utility systems of the CITY; NOW THEREFORE, IN CONS[DERATION OF THE CONDITIONS AND COVENANTS HEREIN,THE PARTIES AGREE AS FOLLOWS: I. DEVELOPER At the time of construction, the above-described DEVELOPER represented Bernard and Sandra Johnston, the record OWNERS of real property legally described as shown on Exhibit 2 submitted by the DEVELOPER and attached hereto. The real property described is also identified as: Parcel number 000420001 l, City of Aubum, (King/Pierce) County, Washington "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. ll. FAC[LITIES The facilities which have been constructed by the DEVELOPER herein are as shown in the attached Exhibit 3, incorporated herein by this reference, and processed as a Developer Public Faciliry Extension, herein referenced as FAC15- 0010, the originals on file at the office of the City Engineer. The facilities have been constructed in accordance with the ordinances and requirements of the CITY goveming the construction specifications for facilities of such type, and have been approved by the City Engineer. [IL AREA OF FACILITY SERVICE BENEFIT The properties benefited by the facilities constructed by the DEVELOPER are shown on Exhibits 4 and 5, which are by this reference incorporated herein as if fully set forth herein. Any owner of real estate legally described within the benefit boundary as shown on the attached Exhibits 4 and 5, shail pay, as a condition for connecting to the facilities, the amount as identified in Section V. All property within the benefit boundary shall be subject ro the connection fee as provided in this agreement as a condition of issuance of the connection permit by the CITY. PAY6ACKAGREEMENT DEVELOPER'S EXTENSION PAGE2of8 N. TERMS For a period of 20 years from the date that the City formal ly accepts the developer's utility extension, any owner (latecomer) of real estate legally described in Section III, and which owner has not fully contributed their pro rata share to the original cost of the above-described facility, sliall pay to the CITY the amounts specified in Section V of this agreement. The charge herein represents the fair pro rata share of the cost of construction of said facilities payable by properties benefited. Payment ofthe latecomers pro rata share will be required by the CITY at the time the CITY issues a side sewer permit, as described in Auburn City Code (ACC) 13.20190 and 13.20.20Q to connect and use the system. Facility extension agreements are not considered connection permits and no payback payments will be required as a condition of the construction associated with such agreements. Additionally, no payback payments will be required as a condition of the construction of individual side sewer stubs not connected for service. The CITY shall reimliurse the DEVELOPER within sixty (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. The CITY's obligation to reimburse the DEVELOPER under this section shall not apply to any real property purchased from DEVELOPER after construction of the facilities. V. AMOUNT OF REIMBURSEMENT 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 ofthis Agreement, represents a fair pro rata share reimbursement for the DEVELOPER'S construction of the facilities _ described in Section II of this Agreement. The amount of reimbursement per square foot of the benefitted property at the time of the acceptance of the facilities, as listed in Exhibit 6, shall be $0.387. The total amount of reimbursement to the DEVELOPER for sanitary sewer facilities from all applicable charges shall not exceed $44,951.73. In the event that a benefitting property or properties is/are subdivided prior to connecting to the facilities, the City may reallocate the reimbursement amount(s) in a manner consistent with the methodology described above. The City will notify both the DEVELOPER and the property owner of any revisions to the reimbursement amounts. PAYBACK AGREEMENT DEVELOPER'S EXTENSION PAGE 3 of 8 VI. NOTICE AND HEARING Prior to passing the Ordinance authorizing this agreement, the CITY, shall conduct a public hearing in accordance with ACC 3.25.080, includin� meeting the notification requirements of that section. VII. EFFECT OF AGEtEEMENT The provisions of this Agreement shall not be effective as to any owner of real estate not a paRy hereto unless this Agreement has been recorded in the King County Recorder's Office prior to the timesuch owner receives a permit to cbnnect to and use said facilities. [f 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. Following approval of the Ordinance authorizing this agreement, the Ciry will record the document at the appropriate County's Office. The DEVELOPER shall be responsible for recbrding fees and for correcting any portion of the document determined to not be recordable. This agreement is subject to the provisions of Aubum City Code("ACC") Chapter 3.25 and shall be void if the DEVELOPER is in violation of any term or condition of that Chapter as it exists on the date of execution of this agreement. VIIL OWNERSHIP OF FAC[LITY The DEVELOPER warrants that it has constructed the facitities described in Section II of this Agreement to the CITY's specifications and in conformance with the CITY's development regulations and comprehensive plan,and that the facilities are fit for use as part of the City's sanitary sewer system. Once the CITY has accepted the facilities,they shall become a part of the municipal system of the CITY. The DEVELOPER warrants that the facilities are Free and clear of all encumbrances and there are no persons or entities that have a right to a lien against the facilities. Except for work covered under any warrantee described in the FAC agreement, all maintenance and operation costs of said facility shall be borne by the CITY. In consideration of the benefits derived from CITY utility service, DEVELOPER agrees to execute and deliver to the CITY such documents as may be necessary to transfer ownership of the facilities to the CITY upon acceptance. Nothing contained herein shall be construed to affect or impair the ri�ht of the CITY to regulate the use ofthe facilities once accepted. PAYBACK AGREEMENT DEVELOPER'S EXTENSION PAGE4of8 IX. LTNAUTHORIZED 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 to remove or cause to be removed such unauthorized connections and all connecting lines or pipes located in the facility's right-of-way. The CITY shall incur no liability for any damage to any person or property resulting from removal of the unauthorized connection. X. CURRENT ADDRESS & TELEPHONE NUMBER The DEVELOPER shall keep a current record of his/her address and telephone number on file with the City Engineer, and shall within 30 days of any chapge of said address andlor telephone number, notify the City Engineer in writing. If the DEVELOPER fails to do so, the parties agree that the CITY may authorize connections resulting therefrom and not incur any liability for the non-collection and/or non-reimbursement of charges to the DEVELOPER under this Agreement. Every two years from the effective date of this agreement, shown on page one, the DEVELOPER shall notify the City Engineer of its current name, address, and telephone number. If the DEVELOPER fails to provide such information within sixty(60)days of each anniversary,the CITY may collect and retain any connection cHarges owed to the DEVELOPER under this contract. The initial Contact Information and Address for Receipt of Reimbursement Funds is as follows: IefF and Gwen lohnston (Printed Name of Developer's Represen[a[ive) � Technique Construction, Inc. (Company Name) � 4040 f Street NE (Moiling Address) Auburn,WA 98002 (Ciry,Sta[e,Zip code) (206)200-7764 (Telephone/FAXj Xl. ADMINISTRATION Any inquiries regarding the administration of this agreement shall be directed to the City Engineer. PAYBACK AGRGEIv1ENT ' DEVELOPER'S EXTENSION PAGESuf8 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 propeRies described within the benefit boundary of the area as shown in the attached Exhibits 4, 5, and 6,their successors, heirs and assigns. XIII HOLD HARMLESS A. General Indemnification. The DEVELOPER will indemnify, defend, and hold the CITY and the CITY'S officials and agents harmless from all claims and costs of defense arising out of this agreement as a result of DEVELOPER actions, omissions, misconduct, or breach of contract, including but not limited to attorney's fees,expeR witness fees,and the cost of the services of engineering and other personnel who's time is reasonably devoted to the prepazation and attendance of depositions, hearings, arbitration proceedings, settlement conferences and trials growing out of the demands and/or actions of property owners incurred in the performance or completion of this Agreement. The DEVELOPER specifically holds the CITY and its oFficials and agenu harmless and waives all claims re(ated to the CITY's establishment and enforcement of the terms and conditions of this agreement, including the failure to locate a bene£ciary, assigns, successor,trustee, or survivor of DEVELOPER. B. Indemnification Against Liens. The DEVELOPER further agrees to indemnify and defend the CITY from any loss on account of any lien against the facilities that arose on or prior to the date of CITY acceptance of the facilities. If the CITY incurs any expense in defense against any such lien or claim,or in taking any other action that is required of DEVELOPER under this Agreement, the CITY shall have a lien in the full amount thereof against any funds then or thereafter collected by the CITY pursuant to this Agreement. XIV. CONSTITUTIONALITY OR INVALIDITY If any section, subsection,clause or phrase of this Agreement is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutiona(ity 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 or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. PAYBACKAGREEMENT DEVELOPER'S EXTENSION PAGE 6 of 8 CITY OF AUBURN � ancy acl ayor ATTEST: APPRO S TO FORM; /�J.l�4c�"'b� Danielle Daskam,City Clerk Steven Gross, City Attorney DEVELOPER: �2� � aeure. Signeture TITLE. � TITLE: ��.P11�to .l PAYBACK AGREEMENT DEVELOPER'S EX7ENSlON PAGG 7 of 8 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) 1 certify that [ know or have satisfactory evidence that Nancy Backus and Danielle E. Daskam were the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR and CITI' CLERK of the CITY OF AUBURN to be the free and voluntary act of such parties for the uses and purposes mentioned in this i trument. Residingat �Q,I�k�� Dated u�' �� 1�� (�,,, �� M \��\\�11111 ��,h�/l. t'��y'� �'1��6�� `NN�4T�r��l � =_��,,,,r,�pv4��. � ~ s� s�T�� /,y� ` i Notary Pu6lic in and for the �tep � shington � �� ,,, � My appointment expires '��6' � q A a 5 % �+Y VB�� 2�S �/� 9),RY ?.Y8•21ara q�� STATE OF WASHINGTON ) ''��1��11,WASN`��.�� ) ss COUNTY OF KING ) [ certify that I know or have satisfactory evidence that J E-�.� —�Oh"`�5}0� and �'i,.�E� ,1oV,«��}aN is/are the person(s) who appeazed before me, and said individual(s)acknowledged that he/she/the signed this instrument aqd acknowledged it to be his/her%their free and voluntary act�the uses and purposes mentioned in this instrument. Dated '��a !� ( `— ` • I � ��\\\\\\1\I{li � ' ;`� BAp '`+;; I�.aw � 84�, y _ ��;,,,,,,,,,� �< �� Notary Public in and for the State of Washington _ � .�g�pN Ekpi��f�`�� Residing at _ t�- ��-C-� Cou�i -F�� lti4'•�'yo<nqr�'�F% ��: 5�' :0 = `"� % My appointment expires � (l l�l q y ;" " � � ' Z % i ', ,oUe��1�`=a0 , �;�a i8 �iN�''�,,,�t- 9 ., c� _ ��✓ . ��;F1p;�wp51'\�� I c�.�, � ,g a1 �l Notary Public in and fort e St of Washin�ton My appointment expires !(�I�'T(� PAYBACK AGREEMENT DEVELOPER'S EXTENS[ON PAGB8of8 Exhibit 1 Payback Agreement 2018-01 G�'iy�of Aubam �I�91�IH��U��W'��II�I . G�Y�'°� 20180418Q8d437 is tvc,�nwn eni6F snip n.e:a,:m AuSutAWA9H001 Ytapptltf:NAY UKING�p�NIY,WA FlRSTFMERIUN�D.s=ol —_--�._�._.�_ ..__ � AM.x dis liirc mcnal(a ntordinc ir.Rvmoaion. DILL OF SALE FAC�S-0010 Refercncex(ifapplicable}: N1A Granror/Bortower. BERYARD lY.and SANDRA L JOHNSI'ON Gr�nteelAssip»celBme6a�y: CITY QF AUBURN Legnl DescriptioalSTR: SW7I-227��OSE rlaasor's Tnx Pazal ID#: OUGi26q011 "�:r�`�.t KNOW ALL btENSY,i7i HSEPRESH:JTS ehat for and in considerr�ion af�he swn of TE4 DOLI.ARS(SIO.00j;a�d;Foc ihe considcr3tion oF inmepo�ting the Eikosion inio the Ciry system, mYf o�hu ywod mid suCficiau mnsidvation, recapt uhaeof is hereby nckaowledged,the undusigned Granior(i)[tananl W.nnd Sandrn L Johnston do by these presents hcroby convey: sewva, ct�sigo;ti�ns'!a aad wartant to the City oF Aubum, a Mwici,�ul Cocpow¢on of the Stnte of Wsshingion,240 LF of 8 inch unitnry uwer and a11 appurtrnsnccs or any othcr usociatcd pubiic,faciliryY�s shou•n oai the public f�cility uirnsion plans rc`crrcd to as FACIS-0Q10, �hc JoMsiod'Scwa Exjcnsion&.'vclopmunt. Sihatcd within thc foffawing describod real property,locatal in King Cwnty: �� See EXHl6(T'A'ATTACHED MERETO AND BYTFiIS REFERENCE 14ADE A PART NEREOF. �- and Ihe said GramoKsj hece6y+vamant(s)that they arc il:e sole owna(s)of all�he propmy a6ove convcy�ed;�hat they huve fup poa�fo convty the same and Ihat ihey will dc(cnd the title oF the said drantee agaiact any and all pawns lawfully mptin3 claim thurto, and ind�tnnify�he City of Aubum for any costs,induding Attomey fea in dcfrnding ti�lc. SaH d�m�'�� rocad es an aanmM��°^°f�Y R hs�ri[Ocm ne:ci�e0 as m ��q1Jon c.as co rs tYeQ W�^tt�e Bil;of Salc-FAC I5�0�It1 P�re I of 7 IN W fTNL-SS WHEREOP�he Granror(s)hasfiavic e�ecuted lhese Qresrnu this 0��. dayof 2018. ��,�1./ ,�-��. BERNARD .JOHNSTOk SA L.JOHNSTON �"�.�^ STATE OF WASWINGT02J�j j <��sg i COUAFTY OF KING )',, ,; <:='. 4',,s`i":"y,;V . 1 oeniFy Unt 1 know a hsvc ntis(uwry evidcnce thsl8crnaecl W.and Sandra L.Johrcxtam ure�hc individuuls N9w appcarcd bcforc mc,aiid s'aid persons ndmowledged�hm�hey aignad chis inswman,and acknowledged it to be hi8lhahheir frce and votunwry aa for�he uses end p�uposes meniiuoed in this msvumea� +-�"`_'%;� - :�f:: . r� <i" , �:�a ,. Daced n�1z51�oi8 '!"`'� v :�;;�;J �, :.. NAud.ttn K� o�G1i:�all.0 �pDtH t w0�p Yome�14rWu�cm AotarY Public in and for the ie oE Washingtnn rtp�lqsw0ull,t0l0 � Resi4ingat (.bO,a�t My appoi,umen[exP� 24y'^�� MAa1tD ' Fltc FACIS-0010 Bil!o!Sale—FAU S-00 t0 P.g[:of I EXHIBIT A LECAL DffiCRIPTION �.or s. an ar ti�uan srmer vut Nuue� �-iwe�. �mieran uHo�n att�dnc r,we�n Ot06c90QG1 NOAL PM7ICUVALY� AS FOLLOtSt iHE GST 157�OC iEET Pr SNE in£ST J02.017 FEET OP iHE POl1A'+�v�0 OfSCfi.Bm VMGiL• 7lM7 PCPAON GF 1HE fl00.CE E I�IC OONAiION CiAW�Q�4 gLll0.V 0. TOMTAICP 4l �aG0.M RANCE 7 FJ�ST. M[dy Gi qHG COWJTY, riJSMNOTp� NORE PMTN7RARLY OESfiCBEL AS FOti0M5s ' . BECWrWO AT � ORVCRCIE WNUMENi OM TNE YAST W1E Oi S�fU CEORCE E qMC DONATlOI aAW /f0 RIAT IS }l99.BI.FECT SOt1tHEALY Cf 1M NORiiiMf51 CCR►ER 1HLR!'10F: AS OE"�GtlAED PER BOUtNMY tEti ACAffi1f?rt W1SfD MaRC71 R tOT9 MU IIE��Up00t NECOROatG NUAfOFR 79WRlIt18, w qN0 OOUHTY,� WA9QtGTOrk 1F�MCE OOi71YaR1C SOIfIM O1Y759' NESf/ICNC ME::M£ST l� OF S.Am•ImiC OONA�GI QM� Oa A CISfNILE OF 291A8 Ft1T; 11tF17CE SOJ1N�871S'�1' IAST A OOSTFNC£ OF 2167.SS0 FEEf: 7YI�Il4 N�tM 01'1T5@' flST A OIiLV1C£'OFrl40.127 FFZT. SICRE OR LESS TD A PpNT ON TiAT CER7NN COr�10N BWMOMY lt�E. AS OESULOID POt AFCRESNO BWII�MY IlNfc tiCRfII1ENT: INENtE MORiN 80'46'OG YEST ALONG SAID.OQY/10H BOUNCMY ld/E A 0157ANGE OF 2167.�� FEET, WR£ OR 1E45� TO 7HE PoIM OF BEC�IMG�;. •.- �/: �. soc¢naR n�TM in�sz. eeaEss nein ueu�ts �nswcxs �s a[a�eu uirotR RceoP�o HUuOLRS 8000t607ta AHD EOOB11aG55. <�,�".�� . � ,? KJD�TOGEIIfi'R Nthl IHC�. ECRE3T AND UTXl1T'EASEYEMT OYVt lltE SOU1N Ja00 fELT OF SND'30¢.OD ifET� EXGTT tNAT POIi710N lt1NC�tNiMP1 TME �£DFS�IpEO Tl(ACi. ,� PARCSL No. , ooaz000�, _ ': ., .. ,, ! r, .,i'i;q;" �'' 7 ' B ill ol Sulc—FAC I 50010 Pabro J o(3 Eghibit 2 Payback Agreement 2018-01 Legal Description of Developer's Represented Property Lot 2 of Auburn Short Plat Number SP-]0-81 as recorded under Recording Number 8106090801 in King County, Washington. Exhibit 3 Payback Agreement 2018-01 Facilities Constructed � � + � � ��,-' � , . ,� ., „ ; , � � ��:i � ., .. _ � ; , ? ° ` - — > � I ,, � r;� , R f �<f ,� ,.. � ,,;;., Parcel Parcei x � " � 000420-0020 ` i ..�� -+---�= 000420-0021 � ' �� ,�;v� � Parcel �" � � } '"�; New Sewer Manhote 000420-0011 --' �� '6"Side Sewer �� ,x ,,� ? � � ' ,k�,! . 3 ::? ,J�--r , ��-! - � �. q ' q <. � i� � `2 � ,I r ,:� y' a � ' -� � r . J � � . .. '4µ/. � ' � c�xA( �. . re ..�. �. 1 l„cL.. .'r A� � . �� 4 Z 9( l�I. ..� �. . � �:1 � . f �.-.S u ....I M .T� ...I �, ,-� '� ��f �1�i ti.J�:t�r-. «v-� 'J,��: .1f:�4:' � � 1" _ . . � '*;.0��•� k " 300 leet'8"PVC ''" � '' � � � New Sewer � Existing Sewer Sewer Manhole '� '� ' Manhole Cs� � ` ,�� Existfng Sewer � ''' Line Parcel � � � +' 000420-0027 � ;> �. Parcel Parcel ! ,;r, :,,' 000420-0010 000420-0028 �� . ,, - � .�'^ , ..., ; :._ Exhibit 4 Payback Agreement 2018-01 Legal Description of Assessment Reimbursement Area and Beneftting Properties Assessment Reimbursement Area Lots l, 2, and 3 of Auburn Short Plat Number SP-10-81 as recorded under Recording Number 8106090801 in King County, Washington; along with Parcels A, B, and C of Auburn Boupdary Line Adjustment Number BLA17-0008 as recorded under Rewrding Number 20171013900003 in King County, Washington. BenefittinE Properties Tax Parcel # 000420-0020 Address: 4036 I Street NE Legal Description: Lot 1 of Auburn Short Plat Number SP-10-81 as recorded under Recording Number 8106090801 in King County, Washington. Tax Parcel # 000420-0010 Address: N/A Legal Description: Parcel A of Aubum Boundary Line Adjustment Number BLA 17-0008 as recorde.d under Recording Number 20171013900003 in King County, Washington. Tax Parcel # 000420-0027 Address: N/A Legal Description: Parcel B of Aubum Boundary Line Adjustment Number BLA17-0008 as recorded under Recording Number 20171013900003 in King County, Washington. Tax Parcel # 000420-0028 Address: N/A Legal Description: Parcel C of Auburn Boundary Line Adjustment Number BLA 17-0008 as recorded under Recording Number 20171013900003 in King County, Washington. Tax Parcel # 000420-0011 Address: 4040 I Street NE Legal Description: Lot 2 ofAubum Short Plat Number SP-10-81 as recorded under Recording Number 8106090801 in King County, Wasliington. Tax Parcel # 000420-0021 Address: 4046 I Street NE Legal Description: Lot 3 of Auburn Short Plat Number SP-10-81 as recorded under Recording Number 8106090801 in King County, Washington. Exhibit 5 Payback Agreement 2018-01 Assessment Reimbursement Area ; . '� � � I L?�c� � j t__. � 1. � � F. � . _ r. w; �.. �� 'l�� _ _ � : �d� � l�y t,�� x . -: _ . � � � ' - v� Parcel � �� ' ,� � Parcel � 000420-0021 � � "� � 000420-0020 `" �,_�,� (34,567 sf) � (33,742 sf) Parcel � ��,� � 000420-0011 ' � _ - � �', �:�� (46,629 sf) , �� "� r �,�_� ;) �'` � , � ,a u# �� ;.i , �� ,j � J�� f-�' ; � ,,a, [ L�� '� ., `Q �' o�, < ,� „ i ,r � . � _.�.-,— �, ��` ' ,� S�.` _..:,nS �, S � S � _ �� ..r-_ �.,.� ,:;.,..�w Y �,, _ :; `: :, ' ,�r �5� Newly constructed s , Qj sewer extension y � , �� -2 manholes A. -300 feet 8" PVC pipe K.: � - Existing Sewer - � ' Line and Manhole =' — � " Parcei 000420-0027 Parcel (26,395 sf) Parcel �� 000420-D010 000420-0028 � I ," (29.858 sf) (26,214 sf) ' ' �,I�' � -- - . � . .... .,.. " � '. 1 .' I: � Exhibit 6 Payback Agreement 2018-01 Benefitting Properties Reimbursement Fees Parcel Parcel Project Cost Reimbursement Number Address Current Owner Area s ' A ortionmentz Amount 000420- 4036I Surinder 33,742 $13,052.01 $li,052.01 0020 Street NE Khan ura 000420- Labrador z9,858 $11,549.61 $11,549.61 0010 Ventures LLC 000420- Labrador 26,395 $ 10,210.06 $ 10,210.06 0027 Ventures LLC 000420- Labrador 26,214 $ 10,140.05 $ 10,140.05 0028 Ventures LLC 000420- 4040I Bernard and 46,629 $18,063.93 $ 0' 0011 Street NE Sandra Johnston 000420- 4046I PaVickKihuria 34,567 $13,371.14 $ 0° 0021 Street NE and Anne Kiarie Total $44,951.73 Notes: (1) Parcel area at the time of facility completion (2) Based on total project cost of$76,359.80 divided by the total area ofthe six parcels (3) Developer contribution made at time of construction (4) Reimbursement was made dir8ctly to Developer during construction.