HomeMy WebLinkAbout6771 Instrument Number: 20200922001261 Document:ORD Rec: $121.50 Page-1 of 19
Record Date:9/22/2020 12:13 PM
Electronically Recorded King County,WA .
r
• Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001 •
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Ordinance No. 6771
Reference Number(s) of Documents assigned or released:
ID Additional reference#'s on page_of document .
Grantor(s) (Last name first, then first name and initials)
The City of Auburn
Grantee: (Last name first)
DCT Hudson Distribution Center, LLC
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
SE 35-22-4
®Additionailegal is on page 9-14 of the document.
ORDINANCE NO. 6771
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN,, WASHINGTON; AUTHORIZING THE MAYOR TO
EXECUTE A WATER PAYBACK AGREEMENT FOR A
UTILITIES DEVELOPER'S EXTENSION BETWEEN THE
CITY OF AUBURN AND DCT HUDSON DISTRIBUTION
CENTER, LLC
WHEREAS, Chapter 13.40 of the Auburn City Code (ACC) authorizes the City
Engineer to develop, implement, and administer facility extension agreements for utility
improvements; and
WHEREAS, Chapter 3.25 of the ACC authorizes the City Engineer to execute
payback agreements for public utility improvements after Council approval; and
WHEREAS, Chapter 3.25 of the ACC requires that the City Council conduct a
public hearing to consider approving the payback agreements; and
WHEREAS, DCT Hudson Distribution Center, LLC, has constructed the water
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
Ordinance No. 6771
August 6, 2020
Page 1 of 2
Developer's Extension between the City and DCT Hudson Distribution Center, LLC,which
agreement will be in substantial conformity with the agreement attached as Exhibit A.
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.
INTRODUCED: SEP 0 8 2020
PASSED: SEP 0 8 2020
APPROVED: SEP 0 8 2020
N A+4iv :ACKUS, MAYOR
ATTEST:
Shawn Campbell, MMC, ity Clerk
APPROVED AS TO FORM:
LOOkei
Kendra Comeau, City Attorney
PUBLISH \N., a-o O -
Ordinance No. 6771
August 6, 2020
Page 2 of 2
Exhibit A
Ordinance 6771
Payback Agreement PBK18-0003
(15 pages)
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
PAYBACK AGREEMENT PBK18-0003 FOR UTILITIES (WATER)
DEVELOPER'S EXTENSION
Reference#(if applicable): N/A Additional on page:
Grantor : City of Auburn
Grantee : 1)DCT Hudson 2)
Distribution Center,LLC
Legal Description/STR: Section 35,T22N,R4E Additional on page:
Assessor's Tax Parcel ID#: 3522049027,3522049022
This Agreement made and entered into this^ day of ,„.,�i�
2020,by and between the City of Auburn, a municipal corporation of King County,
Washington("the CITY") and DCT Hudson Distribution Center,LLC,whose address is
12720 Gateway Drive, Suite 100, Tukwila, WA 98168 "(the DEVELOPER").
WHEREAS,pursuant to Chapter 35.91 RCW,the CITY has by Ordinance No. 6771
adopted by the City Council on the day of � , 2020, approved the
execution of this Payback Agreement with the DEVELOPER above and referring to 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, as part of the utility systems
of the CITY;
PBK18-0003 Water Payback FAC17-0002 Page 1 of 15
NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS IN THIS AGREEMENT, THE PARTIES 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.
"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 VIII 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, reference number FAC17-0002, 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 governing the construction specifications for
facilities of such type, and 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, 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. This agreement will expire on' day of ,2040.
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
subject to payback payments until the benefited property (or each of the properties
PBK18-0003 Water Payback FAC 17-0002 Page 2 of 15
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 $70.76 times the length of the property frontage, as listed in
Exhibit 6.
The City will deduct from each reimbursement payment a payment processing fee as
established in the City's annual fee schedule.
The total amount of reimbursement to the DEVELOPER for the facilities from all
applicable charges shall not exceed$28,588.27.
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 passing 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.
PBKI8-0003 Water Payback FAC17-0002 Page 3 of 15
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 shall keep a current record of the Developer's address and telephone
number on file with the City Engineer, and shall within 30 days of any change of said
address and/or telephone number, notify the City Engineer in writing. If the
DEVELOPER fails to do so,the parties agree that the CITY may authorize connections
resulting therefrom and not incur any liability for the non-collection and/or non-
reimbursement of charges to the DEVELOPER under this Agreement. Every two years
from the effective date of this agreement, shown on page one, the DEVELOPER shall
notify the City Engineer of its current name, address, and telephone number. If the
DEVELOPER fails to provide such information within sixty (60) days of each
anniversary, the CITY may collect and retain any connection charges owed to the
DEVELOPER under this contract.
The initial Contact Information and Address for Receipt of Reimbursement Funds is as
follows:
Ben Brodsky
(Printed Name of Developer's Representative)
DCT Hudson Distribution Center, LLC
(Company Name)
3353 Gateway Blvd
(Mailing Address)
Fremont, CA 94538-6512
(City, State,Zip code)
206.414.7630
(Telephone/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 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 4, 5, and 6, their successors,
heirs and assigns.
PBK18-0003 Water Payback FAC17-0002 Page 4 of 15
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 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 or more section, subsection, sentence,
clause or phrase be declared invalid or unconstitutional.
CITY OF AUBURN
ancy BackeC"; or
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk epnd as Comeau, City
PBK18-0003 Water Payback FAC17-0002 Page 5 of 15
DEVELOPER: DCT Hudson Distribution Center,LLC
Signature Signature
`I
TITLE: v �C t P'�5 r r TITLE:
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Nancy Backus and Shawn Campbell
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 o suc parties for the uses and purposes mentioned in this instrument.
Dated d I 2020
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Notary Public in and for the State of Washington 's 206061 en
My
My appointment expires It / II / OZ� ; N "my- O
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STATE OF WASHINGTON "s °; S`�`;f
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COUNTY OF KING )
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I certify that I know or have satisfactory evidence that 13e) , C�(m(u�
1� \Area
and , are
the persons who appeared before me, and said persons acknowledged that they signed this
instrument, on oath stated that th wer a thorized to execute the instrument and
\
acknowledged it as the (t.0-- and
and
of RhI V11i34S,( () A (IC a
corporation, to be the free and voluntary act of such parties for the uses and'purposes
mentioned in this instrument.
Dated 0Sf 0 7,e)V)
54(4)&441 (Li{
SAREICHANTO LY
Notiry Public
State of Washington
- �} ;< My Commission Expires
Sk evt-C4 (��' 1 _ June 2, 2024
Notary Public in and for the Stiltte rtVahinton
My appointment expires (40
PBK18-0003 Water Payback FAC17-0002 Page 6 of 15
Exhibit 1
Payback Agreement PBK18-0003xx-xxxx
Bill of Sale
Aho+e this line reserved fur recording information.
BILL OF SALE
FAC17-0002
Reference#(if applicnble): N/A
Granter/Borrower: DCT HUDSON DISTRIBUTION CENTER,LLC
Grantee/Assignee/Beneficiary: CITY OF AUBURN
Legal Description/STR: Section 35,Township 22N and Range 4E
Assessor's Tax Parcel ID#: 352204-9027&352204-9022
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,
DCT HUDSON DISTRIBUTION CENTER,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 2,659 LF of waterline, 667 LF of sanitary sewer, and all
appurtenances or any other associated public facility as shown on the public facility
extension plans referred to as or any other associated public facility as shown on the public
facility extension plans referred to as FACI7-0002,the OCT Hudson Distribution Center
development.Situated within the following described real property,located in King County:
See EXHIBIT'A'ATTACHED HERETO ANI) BY THIS REFERENCE MADE
A PART HEREOF.
and the said it has NI 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.
FACI7-0002 DCT Hudson Distribution Center Bill of Sale
Page 1 of 4
PBK18-0003 Water Payback FAC17-0002 Page 7 of 15
Exhibit 1 (Continued)
Payback Agreement PBK18-0003
SIGNATORY—DCT INDUSTRIAL OPERATING LLC
IN WITNESS WHEREOF,said corporation has caused this instrument to be executed by
its proper officer(s)this 301' day of A�7.11 , 2019.
DCT Industrial Operating LLC,
a Delaware limited liability company
By: DCT Industrial Operating Partnership LP,
a Delaware limited partnership,
its Sole member
By: OCT Industrial Trust Inc., •
a Maryland Corporation,
its General Partner
By:
Name: cnsvr;it T.414'045141
Title: Vice. vre.,i it
• "STATE OF WASHINGTON)
)ss
COUNTY OF KING )
1 certify I have known or have satisfactory evidence that Rertii ami n Rroc:ISy is the
person who appeared before mc,and said person acknowledged that he signed this
instrument on oath stated that he was authorized to execute the instrument and
acknowledge as the ViC�- 'pa_sic�o r`�- of
1)CT INDUSTRIAL OPERATING,LLC,a limited liability company,to be the free and
voluntary act of such party for the uses and purposes mentioned in the in iramitt
�t..a. EY Nei rrrri
Dated: .?��\gg�ON�zc��4��j�.*f
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Nota Public in an
nQ for he St to ' TA cn% ptgL
residing ate 1 Wa.i. . '
My appointment expires /dWal
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FACl7-0002 DCT Hudson Distribution Center Bill of Sale tthmV41/4#
Page 2 of
PBKI8-0003 Water Payback FAC17-0002 Page 8 of 15
Exhibit 1 (Continued)
Payback Agreement PBK18-0003xx-xxxx
EXHIBIT A
LEGAL DESCRIPTIONS
PARCEL A:
ALL OF THE FOLLOWING DESCRIBED PARCEL:
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 ONTHE HE GROUND;THENCE NORTH 87°54'40"EAST ALONG THE SALD
NORTH LINE 204.50 FEET;THENCE NORTH 88°25'24"EAST ALONG THESAID NORTH LINE
280.44 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.
AND
THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35,TOWNSHIP 22 NORTH,RANGE4
EAST OF THE WILLAMETTE MERIDIAN,IN KING COUNIT,WASHINGTON;THENCE,ALONG
THE SECTION LINE,SOUTI-I S8°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 35,1291.29 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH,PARALLEL TO THE EAST LINE OF SAID SECTION,812.44 FEET TO THE
NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35;
THENCE SOUTH 87°54'40"WEST,ALONG THE SAID NORTH LINE,808.85 FEET;THENCE
• • SOUTH,PARALLEL TO THE EAST LINE OF SAID SECTION,80424 FELT;THENCE NORTH
88°29'26"EAST 808.60 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT 1111.;SOUTH 27.50 FEET THEREOF.
FAC17.0092 DCT Hudson Distribution Center Bill of Sale
Page 3 of 4
PBK18-0003 Water Payback FAC17-0002 Page 9 of 15
Exhibit 1 (Continued)
Payback Agreement PBK18-0003
TRACT A:
THE SOUTH 27.50 FEET OF THE FOLLOWING DESCRIBED PARCEL:
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 83°29'26"WEST 30 FEET;THENCE NORTH PARALLEL TO THE EAST LINE OF SAID
SECTION,5/6.18 FEET;THENCE SOUTH 88°29'26"WEST PARALLEL TO THE SOu TTH 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 204.50 FEET;THENCE NORTH 88°25'24"EAST ALONG THE SAID NORTH LINE
280.44 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.
AND
THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION.35,TOWNSHIP 22 NORTH,RANGE 4
EAST OF THE WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON;THENCE..,ALONG
THE SECTION LINE,SOUTH 88°29'26'WEST 30 FEET;THENCE NORTI I,FARALLIlL TO THE
EAST LINE OF SAID SECTION,516.18 FEET;THENCE SOUTH 88°29'26"WEST,PARALLEL TO
THE SOUTH LINE OF SAID SECTION 35,1291.29 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH,PARALLEL TO THE EAST LINE OF SAID SECTION,812.€4 FEET TO THE
NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35;
THENCE SOUTH 87°54'40"WEST,ALONG THE SAID NORTH LINE,808.85 FEET;THENCE
SOUTH,PARALLEL TO THE EAST LINE OF SAID SECTION,804.24 FEET;THENCE NORTH
88°29'26"HAS'/'808.60 FEET TO'THE'.TRUE POINT OF BEGINENIN
FAC 17-0002 DCT Hudson Distribution Center Bill of Sale
Page 4 of 4
PBK18-0003 Water Payback FAC17-0002 Page 10 of 15
Exhibit 2
Payback Agreement PBK18-0003
Legal Description of Developer's Property
(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 204.50 FEET; THENCE NORTH 88°25'24"EAST ALONG THE
SAID NORTH LINE 280.44 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#352204-9027)
THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 22
NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNIT,
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, 1291.29 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH,PARALLEL TO THE EAST LINE OF SAID SECTION, 812.44
FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST
QUARTER OF SAID SECTION 35; THENCE SOUTH 87°54'40" WEST,ALONG
THE SAID NORTH LINE, 808.85 FEET; THENCE SOUTH, PARALLEL TO THE
EAST LINE OF SAID SECTION, 804.24 FEET; THENCE NORTH 88°29'26"EAST
808.60 FEET TO THE TRUE POINT OF BEGINNING.
PBK18-0003 Water Payback FAC 17-0002 Page 11 of 15
Exhibit 3
Payback Agreement PBK18-0003
Facilities Constructed
N GRAPHIC SCALE
1-1
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PBK18-0003 Water Payback FAC17-0002 Page 12 of 15
Exhibit 4
Payback Agreement PBK18-0003
Legal Description of Assessment Reimbursement Area and Benefitting
Properties
(TAX PARCEL#352204-9027)
THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35,TOWNSHIP 22
NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNIT,
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, 1291.29 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH,PARALLEL TO THE EAST LINE OF SAID SECTION, 812.44
FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST
QUARTER OF SAID SECTION 35; THENCE SOUTH 87°54'40" WEST, ALONG
THE SAID NORTH LINE, 808.85 FEET; THENCE SOUTH,PARALLEL TO THE
EAST LINE OF SAID SECTION, 804.24 FEET; THENCE NORTH 88°29'26"EAST
808.60 FEET TO THE TRUE POINT OF BEGINNING.
(TAX PARCEL#352204-9029)
BEGINNING AT A POINT ON THE SOUTH LINE OF SECITON 35, TOWNSHIP 22
NORTH,RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON,FROM
WHICH THE SOUTHEAST CORNER OF SAID SECTION BEARS NORTH
88°29'26"EAST 1,321.29 FEET; THENCE RUNNING NORTH PARALLEL WITH
THE EAST LINE OF SAID SECTION, 516.18 FEET; THENCE SOUTH 88°29'26"
WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION, 430.43 FEET;
THENCE SOUTH PARALLEL WITH THE EAST LINE OF SECTION 516.18 FEET
TO THE SOUTH LINE OF SAID SECTION; THENCE NORTH 88°29'26"EAST
ALONG SAID SOUTH LINE 430.43 FEET TO THE POINT OF BEGINNING;
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
PBKI8-0003 Water Payback FAC 17-0002 Page 13 of 15
Exhibit 5
Payback Agreement PBK18-0003
Assessment Reimbursement Area
IliGRAPHIC SCALE
0 250 500 1000
1" = 500 FEET
1- -
1
1
1
i
1 1
'__T-T- -r -L- 4
I I I
I 1
h --'-1 L__ 1 S.285th St. --
1 d
352204 11 .i
i-9027 FI I
t I
/-_ I I I L_--J
I I I I I
I I I I I
1 I I I—r---4--_Ta
I r I 1 I' -I f I
----1--1_ ---- J
----L-1--_I__ 1_-� L
z--
S.287th St. `II
1
352204 I
—9029
r
1
I
III 1 ---i
II 1 c0 I 1
r--- I I- - 1 1 3
1 1 Is I
1 I i r r
d h i Ia
II
1 II I I>
1 1.
r N 1 1t --/L---i
i 1-- j _l
1� r '�
PBK18-0003 Water Payback FAC 17-0002 Page 14 of 15
Exhibit 6
Payback Agreement PBK18-0003
Benefitting Properties Reimbursement Fees
Parcel
Parcel Street Address Frontage Reimbursement Reimbursement
Number (LF) Amount Amount Owing
352204- 6302 S 287th Street 404 $28,588.27 $0.00(2)
9027
352204- 6223 S 287th Street 404 $28,588.27 $28,588.27
9029
TOTAL 808 $57,176.54 $28,588.27
Notes:
(I)Based on total project cost of$57,176.54 divided by the frontage of each parcel adjacent
to the water main, equal to $70.76 per lineal foot of frontage.
(2)Developer contribution made at time of construction.
PBKI8-0003 Water Payback FAC 17-0002 Page 15 of 15