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HomeMy WebLinkAbout6772 • Instrument Number: 20200922001246 Document:ORD Rec: S133.50 Page-1 of 31 Record Date:9/22/2020 12:09 PM Electronically Recorded King County,WA 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. 6772 Reference Number(s) of Documents assigned or released: DAdditional 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 ®Additional legal is on page 9-27 of the document. Assessor's Property Tax Parcel/Account Number: 3522049027, 3522049022 ❑Assessor Tax#not yet assigned ORDINANCE NO. 6772 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A PAYBACK AGREEMENT FOR A TRAFFIC SIGNAL 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 transportation improvements; and WHEREAS, Chapter 3.25 of the ACC authorizes the City Engineer to execute payback agreements for public street improvements after Council approval. 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 transportation 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, 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 DCT Hudson Distribution Center, LLC, which Ordinance No. 6772 09/08/2020 Page 1 of 2 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:lj�r BACKUS, MAYOR ATTEST: Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: Ute- Kendra Comeau, City Attorney PUBLISHED: o� � \\ , \ Ordinance No. 6772 09/08/2020 Page 2 of 2 Exhibit A Ordinance 6772 Street Payback Agreement PBK18-0004 (27 pages) Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. PAYBACK AGREEMENT FOR TRAFFIC SIGNAL PBK18-0004 Reference#(if applicable): N/A Additional on page: Grantor : City of Auburn Grantee : DCT Hudson Distribution Center,LLC Legal Description/ STR: Sec 35,T22N,R4E Additional on page: Assessor's Tax Parcel ID#: 3522049027,3522049022 This Agreement made and entered into this day of 2020 by and between the City of Auburn, a municipal corporation of King County, Washington("the CITY") and DCT Hudson Distribution Center,LLC ("the DEVELOPER"), whose address is 12720 Gateway Drive, Suite 100, Tukwila, WA 98168. WHEREAS,pursuant to Chapter 35.72 RCW and Chapter 3.25 ACC, the CITY has by Ordinance No. 6772 adopted by the City Council of the CITY on the `. :Nay of \ 2020, 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 traffic signal described in Exhibit 1, Bill of Sale, attached and incorporated into this Agreement, as part of the streets systems of the CITY; Hudson Street Payback PBK18-0004 Page 1 of 27 NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS, THE PARTIES MUTUALLY AGREE AS FOLLOWS: I. DEVELOPER At the time of construction, the DEVELOPER was the record OWNER of real property legally described as shown on Exhibit 2 submitted by the DEVELOPER and attached to this Agreement. "DEVELOPER"shall 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 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, referenced as FAC 17-0013. 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 traffic signal ("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, when developing the properties with a use which increases the daily vehicle trips, the amount as identified in Section V, because those properties adjacent to the improvements would require similar street improvements upon development. All property within the benefit boundary shall be subject to the fee as provided in this agreement as a condition of issuance of the building permit by the CITY. IV. TERMS For a period of 15 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 contributed to the original cost of the street project and has not fully contributed their pro rata share to the original cost of the facility as shown in Exhibit 3, shall pay to the CITY the amounts specified in Section V of this agreement. Pursuant to ACC 3.25.100, the charge represents the fair pro rata share of the cost of construction of said traffic signal 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 building permit for a use which will increase the daily vehicle trips, as Hudson Street Payback PBK18-0004 Page 2 of 27 defined by the Trip Generation Manual by the Institute of Traffic Engineer (ITE), because those properties adjacent to the improvements would require similar street improvements upon development. No payback payments will be required until such time as those Benefited Properties apply for a building permit. The CITY shall reimburse the DEVELOPER within sixty(60) days of the date the City receives payment from a person obtaining a building permit for a use which will increase vehicle trips from the original use of the property. 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 the traffic signal of a benefitted property will be $119.52 per added average daily vehicle trip, as defined by the Trip Generation Manual by the Institute of Traffic Engineer(ITE), up to the amount listed in Exhibit 6, and in accordance with RCW 35.72.030. The total amount of reimbursement to the DEVELOPER for the facilities from all applicable charges shall not exceed $429,198.87 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. 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 building permit. 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. 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. Hudson Street Payback PBK18-0004 Page 3 of 27 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: 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 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. Hudson Street Payback PBK18-0004 Page 4 of 27 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 1 ancy Bal ., ayor ATTEST: APPROVED AS TO FORM: p\ Lek_ CJS Shawn Campbell, MMC, City Clerk Kenera omeau, City Attorney Hudson Street Payback PBK18-0004 Page 5 of 27 DEVELOPER: Signat r 1 Signature TITLE: V 1 C� Pce,54 )t 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 of such parties for the uses and purposes mentioned in this instrument. Dated O q k Z020' 11° ' ligr � \\\\\\\\\\1111 40/ CC-s N FERN�jrirer ri Notary Public in and for the State of Washington 206061 �' My appointment expires I ( /( t/- ? 4/sAS�`° p /i �, STATE OF WASHINGTON ) rrrtl'i0 1`W ,\,.. ) ss COUNTY OF KING ) � I certify that I know or have satisfactory evidence that 15 �Vl�a,.�( (!� S and are' the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were luthari ed 16 execute the instru nt and acknowledged it as the (('.0 ofsl 4'774y 7 "6V1 �1YG�IbV� and . a( C corporation, to be the free and voluntary act of such parties fo or uses and purposes mentioned in this /2-6 insttrument. Dated Cg/ (7 O SAREICHANTO LY Notary Public dAAA State of Washington My Commission Expires June 2, 2024 `c lTO Notary Public in and for the State ofjWas 'ngton My appointment expires ORO O Exhibit 1 Payback Agreement PBK18-0004 Bill of Sale Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 Above this line reserved for recording information. BILL OF SALE FAC 17-0013 Reference# (if applicable): N/A Grantor/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: 1 traffic signal, 1 sanitary sewer lift station, 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 FAC17-0013, the DCT Hudson Distribution Center Traffic Signal and Sewer Lift Station. 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 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. Hudson Street Payback PBK18-0004 Page 7 of 27 Exhibit 1 (continued) Payback Agreement PBK18-0004 SIGNATORY—DCT HUDSON DISTRIBUTION CENTER LIC IN WITNESS WHEREOF,said corporation has caused this instrument to be executed by its proper officers)this e2 - day of MDo.ambDC. ,2019. DCT HUDSON DISTRIBUTION CENTER LLC a Delaware limited liability company By: Prologis,L.P. a Delaware limited partnership its sole member By: Prologis,Inc. a Maryland corporation its general partner "..-&--1/4 By: Signature (n� Name: ?e,arel ir1 IcoCk / Print Title: V tee. PCC.4- lz-t STATE OF WASHINGTON) )ss COUNTY OF KING ) / I certify I have known or have satisfactory evidence that jadt1in �kad y_ is the person who appeared before me,and said person acnowledged that he signed this instrument on oath stated that he was authorized to execute the instrument and acknowledge as the U1Ce eros;detcof DCT HUDSON DISTRIBUTION CENTER LLC,a limited liability company,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: et/OV ern,b e'1'' D-) , ?--O! / NSBAE �/ � � • NOTARY PUBLIC `� STATE OF WASHINGTON Notary Public a �nd(�or the State of Washington COMMISSION EXPIRES residing at ``{a'eo ecJLt. , LJ/`{ APRIL 10.2022 My appointment expires 04co/ .—e2.2_ Hudson Street Payback PBK18-0004 Page 8 of 27 Exhibit 1 (continued) Payback Agreement PBK18-0004 EXHIBIT "A" LEGAL DESCRIPTION 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 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 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. EXCEPT THE SOUTH 27.50 FEET THEREOF. Hudson Street Payback PBK18-0004 Page 9 of 27 Exhibit 1 (continued) Payback Agreement PBK18-0004 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; TH.ENCE 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. 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 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 Hudson Street Payback PBK18-0004 Page 10 of 27 Exhibit 2 Payback Agreement PBK18-0004 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 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 352204-9027 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 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, 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. Hudson Street Payback PBK18-0004 Page 11 of 27 Exhibit 2 (continued) Payback Agreement PBK18-0004 Map of Developer's Property ' 1 D//k/ CT Industrial / _ / Operating, LLC S 287th St North Not to scale Hudson Street Payback PBK18-0004 Page 12 of 27 Exhibit 3 Payback Agreement PBK18-0004 Facilities Constructed Z s C) � 2 S 187th St J a) cis= .. , - U) a) New Traffic Signal_:: __ 11 I North Not to scale Hudson Street Payback PBK18-0004 Page 13 of 27 Exhibit 4 Payback Agreement PBK18-0004 Legal Description of Assessment Reimbursement Area and Benefited Properties TRAFFIC SIGNAL PAYBACK AGREEMENT AREA LEGAL DESCRIPTION THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 04 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON. EXCEPT THE EAST 30 FEET THEREOF FOR WEST VALLEY HIGHWAY AS CONVEYED BY DEEDS RECORDED UNDER KING COUNTY RECORDER'S NUMBERS 9303312470 AND 9303080455. EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER KING COUNTY RECORDER'S NUMBER 20190225000744. EXCEPT THAT PORTION CONVEYED FOR STIEGLEDER ROAD, ALSO KNOWN AS 59TH AVENUE SOUTH UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 88946. EXCEPT FOR TRACT A AND PARCEL A OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. BLA14-0006, RECORDED UNDER KING COUNTY RECORDER'S NUMBER 20160601900006, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH; THE EAST HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON. EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NUMBER 2620957. TOGETHER WITH; THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35,TOWNSHIP 22 NORTH,RANGE 4 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON. EXCEPT THE EAST 30 FEET THEREOF DEEDED TO KING COUNTY, WASHINGTON FOR ROAD PURPOSES BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 813104. Hudson Street Payback PBK18-0004 Page 14 of 27 Exhibit 4 (Continued) Payback Agreement PBK18-0004 TRAFFIC SIGNAL PAYBACK AGREEMENT BENEFITED PROPERTIES LEGAL DESCRIPTIONS TAX PARCEL 352204-9012 THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEPT THE SOUTH 80 FEET THEREOF, AND EXCEPT THE EAST 30 FEET THEREOF. DEEDED TO KING COUNTY FOR ROAD PURPOSES BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 813104; AND EXCEPT ROADS TAX PARCEL#352204-9015 PARCEL A: THE SOUTH 243 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 E.W. M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SOUTHWEST QUARTER OF SOUTHEAST QUARTER,NORTH 0°09'00" WEST 516.18 FEET DISTANT FROM SOUTH QUARTER CORNER OF SAID SECTION 35; THENCE NORTH 0°09'00" WEST A DISTANCE OF 799.31 FEET TO NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SOUTHEAST QUARTER; THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SOUTHEAST QUARTER,NORTH 87°54'40" EAST, A DISTANCE OF 485.16 FEET, MORE OR LESS, TO A POINT 2130.53 FEET WEST OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SOUTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 804.24 FEET, MORE OR LESS, TO A POINT 516 FEET FROM THE SOUTH LINE OF SAID SECTION 35 AND NORTH 88°27'26" EAST 482.91 FEET DISTANCE FROM THE POINT OF BEGINNING; THENCE SOUTH 88°29'36" WEST 482.91 FEET TO THE POINT OF BEGINNING; EXCEPT THE WEST 326.32 FEET THEREOF; ALSO EXCEPT THAT PORTION, IF ANY, LYING WITHIN THAT CERTAIN TRACT OF LAND CONVEYED TO TITLE AND TRUST COMPANY BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 1863993. Hudson Street Payback PBK18-0004 Page 15 of 27 Exhibit 4 (Continued) Payback Agreement PBK18-0004 PARCEL B: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 E.W. M., DESCRIBED AS FOLLOWS: THE WEST 326.32 FEET OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT A POINT NORTH 0°09'00" WEST 516.18 FEET DISTANCE FROM THE SOUTH QUARTER CORNER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST; THENCE NORTH 0°09'00" WEST 799.31 FEET; THENCE NORTH 87°54'40" EAST 485.16 FEET; THENCE SOUTH 804.24 FEET TO A POINT NORTH 88°29'26" EAST AND 482.91 FEET DISTANT FROM THE POINT OF BEGINNING; THENCE SOUTH 88°29'26" WEST 482.91 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR STEIGLEDER ROAD, ALSO KNOWN AS 59TH AVENUE SOUTH, UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 88946. TAX PARCEL #352204-9020 THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT ROAD. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. TAX PARCEL #352204-9023 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 88°29'26" WEST 30 FEET; THENCE NORTH 516.18 FEET; THENCE SOUTH 88°29'26" WEST PARALLEL TO THE SOUTH LINE OF SAID SECTION 35, 1815.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 250 FEET PARALLEL TO THE EAST LINE OF SAID SECTION 35; THENCE SOUTH 88°29'26" WEST 100 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO ANDREW NELSON BY DEED RECORDED IN VOLUME 1416 OF DEEDS, PAGE 159, UNDER AUDITOR'S FILE NO. 2504087, RECORDS OF SAID COUNTY; THENCE SOUTH ALONG THE EASTERLY LINE OF SAID ANDREW NELSON Hudson Street Payback PBK18-0004 Page 16 of 27 Exhibit 4 (Continued) Payback Agreement PBK18-0004 TRACT 250 FEET; THENCE NORTH 88°20'26" EAST 100 FEET MORE OR LESS TO THE POINT OF BEGINNING. TAX PARCEL#352204-9025 THE SOUTH 516.8 FEET OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LESS THE EAST 1751.72 FEET AND LESS THE FOLLOWING: BEGINNING AT A POINT ON THE NORTH PROPERTY LINE, EAST 112 FEET FROM THE CORNER OF THE PROPERTY; THENCE EAST ALONG THE NORTH PROPERTY LINE TO THE NORTHEAST CORNER; THENCE SOUTH ALONG THE EAST PROPERTY LINE TO THE SOUTHEAST CORNER; THENCE WEST ALONG THE SOUTH PROPERTY LINE, 134.2 FEET; THENCE NORTH 129.4 FEET; THENCE SOUTH 85-8-7.748 WEST 71.85 FEET; THENCE SOUTH 35-32-15.64 WEST, 91.73 FEET; THENCE NORTH 75-19-24.98 WEST, 66.13 FEET, THENCE NORTH 52-1-42.22 WEST, 158.4 FEET; THENCE NORTH 64-37-20.12 WEST, 131.5 FEET; THENCE NORTH 27-48-19.85 WEST, 346.1 FEET TO THE POINT OF BEGINNING, RECORDS OF KING COUNTY, WASHINGTON. 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; THENCE SOUTH 88°29'26" WEST 150 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING 88°2926" 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#352204-9029 BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 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 Hudson Street Payback PBK18-0004 Page 17 of 27 Exhibit 4 (Continued) Payback Agreement PBK18-0004 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 88029'26" EAST ALONG SAID SOUTH LINE 430.43 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. TAX PARCEL#352204-9030 THE WEST 3 1/2 ACRES OF THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; AND RUNNING 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, AS THE SAME IS NOW BOUNDED AND FENCED ON THE GROUND; THENCE SOUTH 87°54'40" WEST ALONG THE SAID NORTH LINE, 808.85 FEET; THENCE SOUTH 804.24 FEET; THENCE NORTH 88°29'26" EAST 808.60 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. TAX PARCEL #352204-9042 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 0°09'00" WEST 516.18 FEET DISTANT FROM SOUTH QUARTER CORNER OF SAID SECTION 35; THENCE NORTH 0°09'00" WEST 799.31 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER,NORTH 87°54'40" EAST 485.16 FEET, MORE OR LESS, TO A POINT 2,130.55 FEET WEST OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35; Hudson Street Payback PBK18-0004 Page 18 of 27 Exhibit 4 (Continued) Payback Agreement PBK18-0004 THENCE SOUTH 804.24 FEET, MORE OR LESS, TO A POINT 516 FEET FROM THE SOUTH LINE OF SAID SECTION 35 AND NORTH 88°29'26" EAST 482.91 FEET DISTANT PROM THE PLACE OF BEGINNING; THENCE SOUTH 88°29'26" WEST 482.91 FEET TO THE PLACE OF BEGINNING; EXCEPT THE WEST 326.31 FEET; AND EXCEPT THE SOUTH 243 FEET; TOGETHER WITH AN EASEMENT OVER AND ACROSS THE EAST 11.5 FEET OF THE SOUTH 243 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 E.W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SOUTHWEST QUARTER OF SOUTHEAST QUARTER,NORTH 0°09'00" WEST 516.18 FEET DISTANT FROM SOUTH QUARTER CORNER OF SAID SECTION 35; THENCE NORTH 0°09'00" WEST A DISTANCE OF 799.31 FEET TO NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SOUTHEAST QUARTER; THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SOUTHEAST QUARTER,NORTH 87°54'40" EAST, A DISTANCE OF 485.16 FEET, MORE OR LESS, TO A POINT 2130.55 FEET WEST OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SOUTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 804.24 FEET, MORE OR LESS, TO A POINT 516 FEET FROM THE SOUTH LINE OF SAID SECTION 35 AND NORTH 88°29'26" EAST 482.91 FEET DISTANCE FROM THE POINT OF BEGINNING; THENCE SOUTH 88°29'26" WEST 482.91 FEET TO THE POINT OF BEGINNING; EXCEPT THE WEST 326.31 FEET THEREOF; ALSO EXCEPT THAT PORTION, IF ANY, LYING WITHIN THAT CERTAIN TRACT OF LAND CONVEYED TO TITLE AND TRUST COMPANY INSTRUMENT RECORDED UNDER RECORDING NUMBER 1863993. TAX PARCEL#352204-9043 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 88°29'26" WEST 30 FEET; THENCE NORTH 516.18 FEET; THENCE SOUTH 88°29'26" WEST PARALLEL TO THE SOUTH LINE OF SAID SECTION 35, 1,695.45 FEET TO THE TRUE POINT OF BEGINNING; Hudson Street Payback PBK18-0004 Page 19 of 27 Exhibit 4 (Continued) Payback Agreement PBK18-0004 THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION 35, 808.34 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE SOUTH 87°54'40" WEST 120 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SECTION 35 TO THE INTERSECTION WITH A LINE WHICH BEARS SOUTH 88°29'26" WEST 120 FEET FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 88°29'26" EAST 120 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT FOR ROAD, NOW CALLED SOUTH 287TH STREET. TAX PARCEL#352204-9046 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; AND RUNNING 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 300 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88°29'26" WEST 174 FEET; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION, 135 FEET; THENCE NORTH 88°29'26" EAST 174 FEET TO A POINT 135 FEET NORTH OF THE POINT OF BEGINNING; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SECTION 135 FEET TO THE TRUE 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; 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°29'26" WEST; THENCE SOUTH 88°29'26 WEST 149.50 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING; Hudson Street Payback PBK18-0004 Page 20 of 27 Exhibit 4 (Continued) Payback Agreement PBK18-0004 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. TAX PARCEL#352204-9056 PARCEL A: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 88°29'26N WEST 30 FEET; THENCE NORTH 516.18 FEET; THENCE SOUTH 88°29'26" WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 35, 1,815.45 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID SECTION 35, 250 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH ON SAID LINE 558.34 FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE SOUTH 87°54'40" WEST 100 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO ANDREW NELSON BY DEED RECORDED VOLUME 1416 OF DEEDS, PAGE 156, UNDER RECORDING NUMBER 2504087, RECORDS OF SAID COUNTY; THENCE SOUTH ALONG THE EASTERLY LINE OF SAID ANDREW NELSON TRACT 558.34 FEET, MORE OR LESS, TO A POINT SOUTH 88°29'26" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 88°29'26" EAST 100 FEET, MORE OR LESS TO THE TRUE POINT OF BEGINNING; Hudson Street Payback PBK18-0004 Page 21 of 27 Exhibit 4 (Continued) Payback Agreement PBK18-0004 PARCEL B: AN EASEMENT FOR ROAD PURPOSES OVER THE WESTERLY 10 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 88°29'26" WEST 30 FEET; THENCE NORTH 516.18 FEET; THENCE SOUTH 88°29'26" WEST PARALLEL TO THE SOUTH LINE OF SAID SECTION 35, 1,815.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 250 FEET PARALLEL TO THE EAST LINE OF SAID SECTION 35; THENCE SOUTH 88°29'26" WEST 100 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO ANDREW NELSON BY DEED RECORDED VOLUME 1416 OF DEEDS, PAGE 159, UNDER RECORDING NUMBER 2504087, RECORDS OF SAID COUNTY; THENCE SOUTH ALONG THE EASTERLY LINE OF SAID ANDREW NELSON TRACT 250 FEET; THENCE NORTH 88°29'26" EAST 100 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. TAX PARCEL #352204-9058 THE SOUTH 80 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, W M, IN KING COUNTY, WASHINGTON, EXCEPT THE EAST 30 FEET THEREOF DEEDED TO KING COUNTY, WASHINGTON, FOR ROAD PURPOSES BY INSTRUMENT RECORDED UNDER RECORDING NO 813104, AND EXCEPT ROADS SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. TAX PARCEL#352204-9059 THE NORTH HALF OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST W.M., IN KING COUNTY, WASHINGTON; EXCEPT COUNTY ROAD. 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. Hudson Street Payback PBK18-0004 Page 22 of 27 Exhibit 4 (Continued) Payback Agreement PBK18-0004 TAX PARCEL#352204-9082 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE 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; THEN NORTH 0°28'40" EAST 135 FEET; THENCE NORTH 88°29'26" EAST 90 FEET TO THE TRUE POINT OF BEGINNING. TAX PARCEL #352204-9038 THE EAST HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 2620957 TAX PARCEL#352204-9039 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; AND RUNNING THENCE ALONG THE SECTION LINE SOUTH 88°29'26" WEST 30 FEET; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION 651.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION 202.90 FEET; THENCE SOUTH 87°54'40" WEST 324.50 FEET; THENCE SOUTH 0°28'40" EAST 199.82 FEET; THENCE NORTH 87°54'40" EAST 324.50 FEET, MORE OR LESS TO THE TRUE POINT OF BEGINNING. TAX PARCEL#352204-9049 THE NORTH 271.0 FEET OF THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND RUNNING 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 TO THE TRUE POINT OF BEGINNING; RUNNING THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION 608.90 FEET; THENCE SOUTH 87° 54'40" WEST 804.77 FEET; THENCE SOUTH 0° 28'40" EAST 600.65 FEET; THENCE NORTH 88° 29' 26" EAST 799.49 FEET TO THE TRUE POINT OF BEGINNING. Hudson Street Payback PBK18-0004 Page 23 of 27 Exhibit 4 (Continued) Payback Agreement PBK18-0004 TAX PARCEL#352204-9021 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND RUNNING THENCE ALONG THE SECTION LINE SOUTH 88°29'26", WEST 30 FEET; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION, 1,125.08 FEET TO THE TRUE POINT OF BEGINNING; AND RUNNING THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION, 216.64 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, 806.58 FEET; THENCE SOUTH 0°28'40" EAST, 216.59 FEET; THENCE NORTH 87°54'40" EAST PARALLEL TO SAID NORTH LINE, 804.77 FEET TO THE TRUE PLACE OF BEGINNING. Hudson Street Payback PBK18-0004 Page 24 of 27 x c a cn0 0 W 0 0- a n w o oo • ( I+ 2204 gp5g b 35220A-9°59 5 c 35220q.902� ` A: 3522°4.9°20 0� °f _ Cr 0 0 8 v v' ev o `� o n 20 9049 n ev to �' Ntv cv CV o 352�04,g022 352 4 _ coZCD �. CD 15ro 220q.904:73522c00°2.‘ 4? 3522pq-9039 '�- cm - 5 - 3522p4-90 3 2 m Ni S 287th St _. ' 0 352204-9023) — I '�'co to C R Oq gp25 N n"S , Vl ro2 352 352204- I CD f 1 ew Trafficxignal- . ; 00 352204-9082 C 1.1 35220479046 eDD C 352204-9028 I 1 l I 1 ____r -� 352204-9067 Exhibit 6 Payback Agreement PBK18-0004 Benefiting Properties Reimbursement Fees Signal Total Cost: $601,189.17 Cost per added estimated New Vehicle Trip: $119.52 Buildings Anticipated Proposed Parcel Zoning or Building Added Estimated Assessment Number / Use Area Assessment Amount (SF) Trips (%) 1 352204- R5 5 48 0.95% $5,736.99 9012 2 352204- M1 69587.1 348 6.92% $41,593.21 9015 3 352204- M1 42144.3 211 4.19% $25,218.87 9020 352204- 4 M1 73507.5 368 7.32% $43,983.62 9021 352204- 5 M 1 0 0 0.00% 9022 1 $0.00 6 352204- M1 10781.1 54 1.07% $6,454.12 9023 352204- 7 M1 91737.36 459 9.13% $54,860.01 9025 352204- 8 M1 287832 1439 28.61% $171,990.30 9027 9 352204- M1 8428.86 42 0.83% $5,019.87 9028 10 352204- M1 17641.8 88 1.75% $10,517.82 9029 Hudson Street Payback PBK18-0004 Page 26 of 27 Buildings Anticipated Proposed Parcel Zoning or Building Added Estimated Assessment Number / Use Area Assessment Amount (SF) Trips (%) 11 352204- M1 61942.32 310 6.16% $37,051.42 9030 12 352204- M1 28030.86 140 2.78% $16,732.90 9039 13 352204- M1 36655.74 183 3.64% $21,872.29 9042 14 352204- M1 16661.7 83 1.65% $9,920.22 9043 15 352204- M1 9801 49 0.97% $5,856.51 9046 16 352204- M1 52141.32 261 5.19% $31,194.91 9047 17 352204- M1 96441.84 482 9.58% $57,608.98 9049 18 352204- M1 21562.2 108 2.15% $12,908.24 9056 19 352204- R5 3.25 31 0.62% $3,705.14 9058 20 352204- M1 42144.3 211 4.19% $25,218.87 9059 21 352204- M1 8428.86 42 0.83% $5,019.87 9067 22 352204- M1 5096.52 25 0.50% $2,988.02 9082 23 352204- R5 5 48 0.95% $5,736.99 9038 1. These parcels belong to DCT 5030 100.00% $601,189.17 Hudson Distribution Center Hudson Street Payback PBK18-0004 Page 27 of 27