HomeMy WebLinkAbout6722 (2) ORDINANCE NO. 6722
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A PAYBACK AGREEMENT FOR UTILITIES
DEVELOPER'S EXTENSION BETWEEN THE CITY OF
AUBURN AND NORTH AUBURN LOGISTICS HOLDINGS,
LLC
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
WHEREAS, Chapter 3.25 of the ACC requires that the City Council conduct a
public hearing to consider approving the payback agreements;
WHEREAS, North Auburn Logistics Holdings, LLC, has constructed the utility
improvements described in the payback agreement, Exhibit A, 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 those 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,
WASHINGTON DO ORDAIN as a non-codified ordinance as follows:
Section 1. The Mayor is authorized to execute a Payback Agreement for
Developer's Extension between the City and North Auburn Logistics Holdings, LLC, which
agreement will be in substantial conformity with the agreement attached as Exhibit A.
Ordinance No. 6722
June 12, 2019
Page 1 of 2
Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the Ordinance
or the application of the provisions to other persons or circumstances shall not be affected.
Section 3. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this legislation.
Section 4. Effective Date. This Ordinance will take effect and be in force five
(5)days from and after passage, approval, and publication as provided by law.
JUL 152019
INTRODUCED:
PASSED: JUL 1 5 20T9
APPROVED: JUL 1 5 20f9
PlajP41 .CY BACKUS, MAYOR
ATTEST:
`1- - \-
Shawn Campbell, MMC, City Clerk
APPR V AS TO FORM:
Steven L. Gross, City Attorney
PUBLISHED: \ S�'- � \ ,a
Ordinance No. 6722
June 12, 2019
Page 2 of 2
Exhibit A - North Auburn Logistics Water
Payback Agreement for Developers
Extension FAC14-0007
Return Address:City of Au
City Clerk burn 111111111111111111111
1111141111111111
25 in 20190729000879
Auburnurn,, WA 98001
AGREEMENT Rec:$119.50
712912019 1.41 PM
KING COUNTY,WA
) \u\q11,
FIRST AMERICAN
Above this line reserved for recording information.
PAYBACK AGREEMENT FOR UTILITIES
DEVELOPER'S EXTENSION
Reference# (if applicable): N/A Additional on page:
Grantor : City of Auburn
Grantee : 1)North Auburn Logistics 2)
Holdings,LLC
Legal Description/ STR: Section 25, T22N, R4E Additional on page:
Assessor's Tax Parcel ID#: 3522049016, 3522049024
This Agreement made and entered into this 11 day of :\a\ ,
2019 by and between the City of Auburn, a municipal corporation of King County,
Washington("the CITY") and North Auburn Logistics Holdings, LLC ("the
DEVELOPER"), whose address is 900 SW 16th Street, Suite 330, Renton WA 98057.
WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Ordinance No.
6722 adopted by the City Council of the CITY on the 15th day of July, 2019, approved the
execution of this Payback Agreement with the DEVELOPER above and referring to the
construction of certain facilities described in this Agreement; and
WHEREAS, the above-described DEVELOPER has offered and the CITY has agreed
to accept the water facilities described in Exhibit 1, Bill of Sale, and attached and
incorporated into this Agreement, as part of the utility systems of the CITY;
Said documents were filed of
record as an accar:iodation only.
It has not been e<arre&:+ as to
Payback Agreement 2019-01 Page 1 of 17 execution to its
i',ocr; title
NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
DEVELOPER
At the time of construction,the above-described DEVELOPER was the record OWNER
of real property legally described as shown on Exhibit 2 submitted by the
DEVELOPER and attached in this Agreement.
"DEVELOPER" include successors, heirs, and assigns. The term "DEVELOPER"
includes 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 facilities which have been constructed by the DEVELOPER are as shown in the
attached Exhibit 3, incorporated by this reference, and processed as a Developer Public
Facility Extension, referenced as FAC14-0007, the original documents 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 and the Engineering Design Standards
governing the construction specifications for these facilities. The facilities have been
approved by the City Engineer.
III. AREA OF FACILITY SERVICE BENEFIT
The properties benefited by the facilities ("Benefited Properties") constructed by the
DEVELOPER are legally described on Exhibit 4 and are shown on Exhibit 5, which
are by this reference incorporated in this Agreement. 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.
IV. TERMS
For a period of 20 years from the date of this agreement, any owner(latecomer) of real
estate legally described in Section III, Exhibit 4, or Exhibit 5, and which owner has not
fully contributed their pro rata share to the original cost of the above-described facility,
shall pay to the CITY the amounts specified in Section V of this agreement. The charge
represents the fair pro rata share of the cost of construction of said facilities payable by
the Benefited Properties.
Payment of the latecomer's pro rata share will be required by the CITY at the time the
CITY issues a utility permit for water service, as described in Auburn City Code(ACC)
13.06.050 to connect and use the system. A benefited property that constructs a facility
extension that connects to the facilities included in this Payback Agreement is not
Payback Agreement 2019-01 Page 2 of 17
subject to payback payments until the benefited property (or each of the properties
resulting from the subdivision of the benefited property) applies for utility service.
Additionally, although stubs for utility service may be constructed to Benefited
Properties as part of the facilities included in this Payback Agreement, no payback
payments will be required until such time as those Benefited Properties apply for utility
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.
V. AMOUNT OF REIMBURSEMENT
The DEVELOPER, its 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 II of this Agreement.
The amount of reimbursement for water installed across the property frontage of a
benefitted property will be $53.56 times the length of the property frontage, as listed in
Exhibit 6.
The total amount of reimbursement to the DEVELOPER for the facilities from all
applicable charges shall not exceed $188,907.60.
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.
VI. NOTICE AND HEARING
Prior to voting on the Ordinance authorizing this agreement, the CITY shall conduct a
public hearing in accordance with ACC 3.25.080, including meeting the notification
requirements of that section.
VII. EFFECT OF AGREEMENT
The provisions of this Agreement shall not be effective as to any owner of real estate
not a party to this Agreement unless this Agreement has been recorded in the King
County Recorder's Office prior to the time such owner receives a permit to connect to
and use said facilities.
If for any reason, the CITY fails to secure a latecomer payment for Owner's fair pro rata
share of the cost of the facilities before connection to the extension, the CITY is not
liable for payment to the DEVELOPER.
Following approval of the Ordinance authorizing this agreement, the City will record
the document at the appropriate County's Office. The DEVELOPER shall be
responsible for correcting any portion of the document determined to not be recordable
and any re-recording fees.
Payback Agreement 2019-01 Page 3 of 17
This agreement is subject to the provisions of Auburn City Code("ACC") Chapter 3.25
and shall be void if the DEVELOPER is in violation of any term or condition of that
Chapter as it exists on the date of execution of this agreement.
VIII. CURRENT ADDRESS &TELEPHONE NUMBER
The DEVELOPER will keep a current record of the Developer's address and telephone
number on file with the City Engineer, and will 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
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 will 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:
tlesW
(Printed Nam of Developer's Representative)
ar- -•Alk\OUin i tkj1 CS -a1 c LLC,
(Company Name)
DocK- ', S'e 1oc)
(Mailing Address)
A 9 vi o 9--
(City, State,Zip code)
(a_c .3
( ephone/FAX)
IX. ADMINISTRATION
Any inquiries regarding the administration of this agreement shall be directed to the
City Engineer.
X. COVENANT RUNNING WITH THE LAND
This Agreement is 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 4, 5, and 6, their successors,
heirs and assigns.
Payback Agreement 2019-01 Page 4 of 17
•
XI. HOLD HARMLESS
A. General Indemnification. The DEVELOPER will indemnify, defend, and hold the
CITY and the CITY'S officials and agents harmless from all claims and costs of
defense arising out of this agreement as a result of DEVELOPER actions,omissions,
misconduct, or breach of contract, including but not limited to attorney's fees, expert
witness fees, and the cost of the services of engineering and other personnel who's
time is reasonably devoted to the preparation and attendance of depositions,
hearings, arbitration proceedings, settlement conferences and trials growing out of
the demands and/or actions of property owners incurred in the performance or
completion of this Agreement. The DEVELOPER specifically holds the CITY and
its officials and agents harmless and waives all claims related to the CITY's
establishment and enforcement of the terms and conditions of this agreement,
including the failure to locate a beneficiary, assigns, successor, trustee, or survivor
of DEVELOPER.
B. Indemnification Against Liens. The DEVELOPER further agrees to indemnify and
defend the CITY from any loss on account of any lien against the facilities that arose
on or prior to the date of CITY acceptance of the facilities. If the CITY incurs any
expense in defense against any such lien or claim, or in taking any other action that
is required of DEVELOPER under this Agreement, the CITY shall have a lien in
the full amount thereof against any funds then or thereafter collected by the CITY
pursuant to this Agreement.
XII. 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 does not affect the
validity or constitutionality of the remaining portions of this Agreement, as it being
expressly declared that this Agreement and each section, subsection, sentence, clause
and phrase 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.
CITY OF AUBURN
YancyZOtAar 411
Bat/ 1 , Mayor
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, Cit Clerk Steven L. Gross, ity Attorney
Payback Agreement 2019-01 Page 5 of 17
DEVELOPER 4 CAA\A. in(3)c cs 4DU 11S,LU-C
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Signature 1=a+ 1..-.47f^-4- " Signature
TITLE: Loc A /.4-t\-✓ TITLE:
STATE OF WASHINGTON)
)ss.
County of King )
Sic. r\_:\k C c r,„p
I certify that I know or have satisfactory evidence that Nancy Backus and " E. T, '.„
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 voluntar act o such arties for the uses and purposes mentioned in this instrument.
Dated O.'i VI 20t
AWV111(4d104
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S aaaaN�p 0 /
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Notary Public in and for the State of ashington u +� ��°' VI 5
s
My appointment expires (�q 1A Zo2 n
STATE OF WASHINGTON ) alai�11W\ST -, „z®
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COUNTY OF KING )
I certify that I know or have satisfactory evidence that 1--ZA e
and are
the persons who appeared before me, and said persons acknowledged that they signed this
instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it as the OCRil, t!!E- and
of W )(v L .s^lccs .i0,\S ALL-c a
corporation, to be the free and voluntary act of such parties for the uses avid purposes
mentioned in this instrument.
Dated 0 Ed 1"1 a..a q
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` 'o. OTAi�Y a
M LItilP4.-("\- -V j '; Pu �t /z._,
Notary Pubc in and for the State of Washington �'�',\''•. ,�:'�Q
My appointment expires O ) a-61 X01-19i 4: :'0'�r1�'���"�
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Payback Agreement 2019-01 Page 6 of 17
•
Exhibit 1
Payback Agreement 2019-01
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn,WA 98001
FIRST AMERICAN
Above this line reserved for recording information.
FAC14-0007
WATER, SANITARY SEWER, AND STORM
BILL OF SALE
Reference# (if applicable): N/A
Grantor/Borrower: North Auburn Logistics Holdings, LLC
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: Section 35—Township 21N—Range 4E
Assessor's Tax Parcel ID #: 352204-9024 & 352204-9016
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(s)North Auburn Logistics Holdings,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,
2,223 LF of waterline, 1,735 LF of sanitary sewer, 504 LF of storm sewer,
a 15 foot wide x 5.5 foot tall x 97.5 foot long culvert and all appurtenances or any other
associated public facility as shown on the public facility extension plans referred to as
FAC14-0007, the North Auburn Logistics 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(s) hereby warrant(s) that they are the sole owner(s) of all the property
above conveyed; that they have full power to convey the same and that they 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.
Payback Agreement 2019-01 Page 7 of 17
Exhibit 1 (continued)
Payback Agreement 2019-01
IN WITNESS,WHEREOF,said corp tion has caused this instrument to be executed by its
proper officer(s) this day of 10.1 2019.
NORTH AUBURN LOGISTCS HOLDINGS,LLC,
a Delaware limited labiality compaiw
By: North Auburn Logistics Center F1oldinfo PG, LLC,
a Delawarc limited liability company,
Managing Merribcr
8y: PDC Seattle LLC,
a Delaware limited liability company,
Its Mimager
-eV
Bart Bryncstad
Local Partner
— I
Dated
ASN4,
ittv ,.(s5 s.
co y • 51
0119
I 74 Cti).4
;F: tic) eir 41,
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,44> M91 L CLS
••• Notary Pubtic in anti for tlic State of Washington
E OF Nt*,\,,0 Residing at KA....fi1/4 4-tv/iN
.-0111/0(1.41:1
'''efiff rnak%0' My appointment expircs .
Payback Agreement 2019-01 Page 8 of 17
Exhibit 1 (continued)
Payback Agreement 2019-01
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A AND TRACT A OF CITY OF AUBURN BOUNDARY LINE
ADJUSTMENT NO. BLA14-0006, RECORDED UNDER RECORDING NUMBER
20160601900006, RECORDS OF KING COUNTY, WASHINGTON, BEING A
PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., KING COUNTY,
WASHINGTON.
Payback Agreement 2019-01 Page 9 of 17
Exhibit 2
Payback Agreement 2019-01
Legal Description of Developer's Property
(TAX PARCEL #352204-9024)
PARCEL A, CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. BLA14-
0006, RECORDED JUNE 1, 2016 UNDER RECORDING NUMBER 20160601900006,
IN VOLUME 344 OF PLATS, PAGES 56 AND 57, IN KING COUNTY,
WASHINGTON.
TOGETHER WITH EASEMENT RIGHTS FOR ROAD PURPOSES OVER A 10
FOOT ROAD, AS RESERVED IN THAT CERTAIN WARRANTY DEED
RECORDED DECEMBER 17, 1920 UNDER RECORDING NUMBER 1477534 IN
VOLUME 1130 OF DEEDS, PAGE 199, IN KING COUNTY, WASHINGTON, AND
AS RESERVED IN THAT CERTAIN QUIT CLAIM DEED RECORDED JUNE 18,
1958 UNDER RECORDING NUMBER 4912725, IN VOLUME 3797 OF DEEDS,
PAGE 455, IN KING COUNTY, WASHINGTON.
(TAX PARCEL #352204-9016) - Tract A
TRACT A, CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. BLA14-
0006, RECORDED JUNE 1, 2016 UNDER RECORDING NUMBER 20160601900006,
IN VOLUME 344 OF PLATS, PAGES 56 AND 57, IN KING COUNTY,
WASHINGTON.
TOGETHER WITH EASEMENT RIGHTS FOR ROAD PURPOSES OVER A 10
FOOT ROAD, AS RESERVED IN THAT CERTAIN WARRANTY DEED
RECORDED DECEMBER 17, 1920 UNDER RECORDING NUMBER 1477534 IN
VOLUME 1130 OF DEEDS, PAGE 199, IN KING COUNTY, WASHINGTON, AND
AS RESERVED IN THAT CERTAIN QUIT CLAIM DEED RECORDED JUNE 18,
1958 UNDER RECORDING NUMBER 4912725, IN VOLUME 3797 OF DEEDS,
PAGE 455, IN KING COUNTY, WASHINGTON.
Payback Agreement 2019-01 Page 10 of 17
Exhibit 3
Payback Agreement 2019-01
Facilities Constructed
N
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•
f
12" Water Main
with Valves and
Fire Hydrants
8I
1)
Fn
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a
1
Payback Agreement 2019-01 Page 11 of 17
Exhibit 4
Payback Agreement 2019-01
Legal Description of Assessment Reimbursement Area and Benefitting
Properties
(TAX PARCEL #352204-9022)
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., RECORDS OF KING COUNTY, WASHINGTON;
THENCE ALONG THE SECTION LINE SOUTH 88°29'26" WEST 30 FEET; THENCE
NORTH PARALLEL TO THE EAST LINE OF SAID SECTION, 516.18 FEET;
THENCE SOUTH 88°29'26" WEST PARALLEL TO THE SOUTH LINE OF SAID
SECTION 35 A DISTANCE OF 1291.29 FEET TO THE TRUE PLACE OF
BEGINNING; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID
SECTION, 812.44 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE
SOUTHEAST 1/4 OF SAID SECTION 35, AS THE SAME IS NOW BOUNDED AND
FENCED ON THE GROUND; THENCE NORTH 87°54'40" EAST ALONG THE SAID
NORTH LINE
485.12 FEET; THENCE SOUTH 00°28'40" EAST 817.24 FEET; THENCE SOUTH
88°29'26" WEST 491.80 FEET TO THE TRUE POINT OF BEGINNING.
(TAX PARCEL #352204-9067)
THE NORTH 135 FEET OF THE SOUTH 651.18 FEET OF THE EAST 180 FEET OF
THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET
FOR ROAD; AND EXCEPT COUNTY ROAD.
(TAX PARCEL #352204-9028)
A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION;
THENCE SOUTH 88°29'26" WEST ALONG THE SOUTHERLY LINE OF SAID
SUBDIVISION 30.00 FEET;
THENCE NORTHERLY PARALLEL WITH EASTERLY LINE OF SAID SECTION A
DISTANCE OF 516.18 FEET;
(continued next page)
Payback Agreement 2019-01 Page 12 of 17
Exhibit 4 (continued)
Payback Agreement 2019-01
THENCE SOUTH 88°29'26" WEST 150 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING 88°29'26"WEST 150 FEET;
THENCE NORTHERLY PARALLEL WITH EASTERLY LINE OF SAID SECTION A
DISTANCE OF 135 FEET;
THENCE NORTH 88°29'26" EAST 150.00 FEET;
THENCE SOUTHERLY 135.00 FEET TO THE TRUE POINT OF BEGINNING.
(TAX PARCEL #352204-9046)
LOT 35-22-04 OF BLOCK 9046, SEC. 35, TOWNSHIP 22, RANGE 04; BEING THE
NORTH 135 FT. OF THE SOUTH 651.18 FT. OF THE WEST 174 FT. OF THE EAST
504 FT., SUBJECT TO THE RIGHT OF WAY; RECORDS OF KING COUNTY,
WASHINGTON.
(TAX PARCEL #352204-9082)
BEGINNING 651.18 FEET NORTH OF AND SOUTH 88°29'26" WEST FROM THE
SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST;
THENCE CONTINUING WEST 90 FEET;
THENCE SOUTH 135 FEET;
THENCE NORTH 88°29'26" EAST 90 FEET;
THENCE NORTH TO THE POINT OF BEGINNING.
(TAX PARCEL #352204-9047)
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON;
THENCE SOUTH 88°29' 26" WEST ALONG THE SOUTH LINE THEREOF 30 FEET;
THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION, 651.18
FEET;
(continued next page)
Payback Agreement 2019-01 Page 13 of 17
Exhibit 4 (continued)
Payback Agreement 2019-01
THENCE SOUTH 88°29'26" WEST 474 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SUBDIVISION 135
FEET;
THENCE SOUTH 88°29'26" WEST 325.49 FEET;
THENCE NORTH 0°28'40" WEST 329.65 FEET;THENCE NORTH 87°54'40" EAST
478.02 FEET MORE OR LESS TO A POINT FROM WHICH THE EAST LINE OF
SAID SUBDIVISION BEARS NORTH 87°54'40" EAST 354.51 FEET;
THENCE SOUTH 0°28'40" EAST 199.59 FEET MORE OR LESS TO A POINT FROM
WHICH THE TRUE POINT OF BEGINNING BEARS SOUTH 88°2926" WEST;
THENCE SOUTH 88°29'26 WEST 149.50 FEET MORE OR LESS TO THE TRUE
POINT OF BEGINNING;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON,
THENCE SOUTH 88°29'26" WEST ALONG THE SOUTH LINE THEREOF 30 FEET;
THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION 651.18
FEET;
THENCE SOUTH 88°29'26" WEST 474 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SUBDIVISION 135
FEET;
THENCE SOUTH 88°29'26" WEST 90 FEET;
THENCE NORTH 0°28'40" EAST 135 FEET;
THENCE NORTH 88°29'26" EAST 90 FEET TO THE TRUE POINT OF BEGINNING.
(continued next page)
Payback Agreement 2019-01 Page 14 of 17
Exhibit 4 (continued)
Payback Agreement 2019-01
(TAX PARCEL #362204-9013)
The south half of the following described tract:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, NORTH
89°05' WEST 217.17 FEET FROM THE SOUTHWEST CORNER OF TRACT 2 OF
WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 13 OF PLATS, PAGE 17, IN KING COUNTY,
WASHINGTON;
THENCE NORTH 2°00' EAST ALONG A LINE WHICH IS PARALLEL WITH THE
WEST LINE OF SAID TRACT 2 A DISTANCE OF 1,002.90 FEET, MORE OR LESS,
TO THE SOUTH LINE OF A 60 FOOT COUNTY ROAD;
THENCE NORTH 89°05, WEST ALONG THE SOUTH LINE OF SAID COUNTY
ROAD, 1,072.69 FEET,
MORE OR LESS, TO THE EAST LINE OF STATE ROAD NO. 69;
THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE SOUTH LINE OF
THE SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER;
THENCE EAST ALONG SAID SOUTH LINE TO THE TRUE POINT OF
BEGINNING;
EXCEPT PORTION CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE
NO.718254 FOR HIGHWAY PURPOSES.
Payback Agreement 2019-01 Page 15 of 17
•
•
Exhibit 5
Payback Agreement 2019-01
Assessment Reimbursement Area
J -
SWIM ;
N
r:1 3622049013
1 ,
g
352 0 9067
352 019028
352 49046
3522049082
3522049047 522049016
3522049024
3522049022
g
Payback Agreement 2019-01 Page 16 of 17
Exhibit 6
Payback Agreement 2019-01
Benefitting Properties Reimbursement Fees
Parcel Proposed
Parcel Street Address Frontage Assessment Assessment Amount
Number (LF) (%)
Amount Owing
352204-9022 6430 S 287th Street 492 13.6% $25,710.25 $25,710.25
352204-9016 Tract A(vacant) 1,278 35.4% $66,783.93 $0.00(2)
352204-9024 6603 S 287th Street 530 14.7% $27,696.00 $0.00(2)
352204-9047 6610 S 287th Street 235 6.5% $12,280,30 $12,280.30
352204-9082 6610 S 287th Street 90 2.5% $4,703.09 $4,703.09
352204-9046 6638 S 287th Street 174 4.8% $9,092.65 $9,092.65
352204-9028 6710 S 287th Street 150 4.1% $7,838.49 $7,838.49
352204-9067 28543 W Valley 150 4.1
Highway S $7,838.49 $7,838.49
362204-9013 Vacant land 516 14.3% $26,964.40 $26,964.40
3,615 100.0% $188,907.60
(I) Based on total project cost of$188,907.60 proportioned by property frontage.
(2)Developer contribution made at time of construction.
Payback Agreement 2019-01 Page 17 of 17