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HomeMy WebLinkAbout20200316001467 Lien Of Obligation For Utility System Development Charges and Parks, Transporation, School, and/or Fire Impact Fees CHICAGO TITLE� NCS • REF# 7 ,, . ._�.. ; ,, : ,.� r: `� WHEN RECORDED, RETURN TO: City of Auburn City Clerk's Office 25 W. Main St. Auburn,WA 98001 LIEN OF OBLIGATION FOR UTILITY SYSTEM DEVELOPMENT CHARGES AND PARKS, TRANSPORTATION, SCHOOL,AND/OR FIRE IMPACT FEES Payment Obligation for the Benefit of Grantee: City of Auburn,a Washington municipal corporation Persons Indebted to Grantee("Grantor"): Auburn City Center Senior Living Associates, LLC. Reference Number(s) of Related Document(s): Permit BLD18-0140 Legal Description of Real Property(Abbreviated): Lots 2, 3, 7 and 8,and Portion of Lot 4, Block 2, Town of Slaughter, Volume 2 of Plats, Page 56,King County,WA. Full legal description as set forth on Exhibit A attached hereto. Assessor's Tax Parcel ID Number: 7815700095, 7815700110, 7815700115, 7815700135 Is the use residential,multi-family,or non-residential: Mixed Use-Multi-Family Residential(senior citizen)and Non-Residential Notice is hereby given that pursuant to Auburn City Code ("ACC") Chapters 13.41, 19.02, 19.04, 19.06, and 19.08,the City of Auburn(the"City") and the Grantor voluntarily agree to a deferred payment obligation for Utility System Development Charges,Parks,Transportation, School,and/or Fire Impact Fees (the "Covenant") against the above-described real property (the "Property"). By entering into this Covenant, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the charges or fee(s)were paid. The initial amount of the charge(s)and/or fee(s) deferred is as follows: BLD18-0140 Park Impact Fee: $145,250.00 BLD18-0140 School Impact Fee: N/A Impact Fees BLD18-0140 Fire Impact Fee: $55,261.89 BLD18-0140 Traffic Impact Fee: N/A FAR Height Bonus BLD18-0140 FAR Height Bonus Fee: $236,130.00 (Boo) Se- \3-2k Grantor acknowledges that Utility System Development Charges may change based on credits granted or denied, and that Impact Fees and their associated administrative fees do not vest and the amount owed is based on the applicable Impact Fee schedule in effect at the time of payment. To check the current charge and impact fee amount, please call the City of Auburn Permit Center at (253) 931- 3020. Grantor agrees that, in consideration for the City entering into this instrument, Grantor waives the right to repayment of any Impact Fees that are not used within the statutory period in Title 19 ACC. Grantor agrees that, in consideration for the City entering into the instrument, Grantor waives the right to independent fee calculation for Transportation Impact Fees per Title 19 ACC. All Utility System Development Charges and Impact Fees deferred under this Lien are due and payable as follow: Single Family Residential: to be paid no later than at time of closing of the sale of the unit or at final inspection or issuance of occupancy, temporary or final or 18 months from the date of issuance of the original building permit, whichever comes first. Multi-Family Residential: to be paid no later than at time of closing of the sale of the unit or at final inspection or issuance of occupancy, temporary or final or 18 months from the date of issuance of the original building permit, whichever comes first. Non-Residential: to be paid no later than prior to issuance of occupancy,temporary or final or 18 months from the date of issuance of the original building permit, whichever comes first. Grantor's obligation to pay the fee(s)as described in this instrument shall be a Lien running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Lien shall be paid by Grantor. Venue shall be in the County in which the Property is located. All payments shall be made payable to the City and shall be directed to the City of Auburn at the following address: City of Auburn Attn: Permit Center 25 W. Main Street Auburn,WA 98001 Grantor agrees to include in any purchase and sale agreement for the Property a copy of this Lien attached to a special addendum, and to obtain the purchaser's initials on said. A copy of the Lien and addendum that is initialed by the purchaser shall be provided to the City of Auburn Permit Center at the above referenced address. Grantor further agrees to specifically include in escrow instructions regarding the sale of the Property the following language: "The escrow officer is hereby directed to contact the City of Auburn at (253) 931-3090 to obtain the current payment amount for all charges and fees under that certain Covenant recorded under King County Number {insert recording number of covenant}. The escrow officer is directed to include all payment amounts in the purchaser's copy of the good faith estimate of closing costs and to pay all amounts due at closing." Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Lien, substantially in the form attached hereto as Exhibit B. The escrow officer shall record the Release of Lien when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Lien. Otherwise, the City will release this Lien upon Grantor's payment of the above identified fee(s). Grantor acknowledges on behalf of itself, its heirs, successors, and assigns, that failure of the escrow agent to pay the charges and fees in this Lien shall result in the immediate suspension of all permits previously issued for this Property and shall limit the granting of any further permits for the Property until such time that all outstanding charges or fees are paid in full. GRANTEE: City of Auburn, a Washington municipal corporation By: Name: Is-C)- 1 p Its::11 -C .2 cR ( MMU lJ IT( , E1i -oPM. rc- Date: Mk (2.7 2,021) STATE OF WASHINGTON ) l / ) ss. K COUNTY OF kn I certify that I know or have satisfactory evidence that is the person who appeared before me, known to me to be the re )►c.Stvlia- A-C-- of the municipal corporation that executed the instrument herein, and said person acknowledged that he/she signed this instrument, on oath acknowledged it as the free and voluntary act of the municipal corporation for the uses and purposes mentioned in the instrument, and that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said municipal corporation. Date: 1l crivc h (Z 1 2a-C Name: _Jen n� V Ut% k&/ (Print Name) JENNIFER OLIVER NOTARY PUBLIC, in and For the State of Notary Public Washington, residing at 1); v ('Gc:b' 41-1" State of Washington Commission b 207500 23. MyCommission Expires: 2 C�?-3 My Comm. Expires May 23, 2023 I� �t l.c GRANTOR: Auburn City Center Senior Living Associates,LLC, a Washington limited liability company ---XBy: 1 Bryan M. Park Title: Manager of Managing Member Date: 31/40/2-02,0 STATE OF WASHINGTON ) COUNTY OF K I IJC- ) ss. I certify that I know or have satisfactory evidence that Bryan M. Park is the person who appeared before me, known to me to be the Manager of the Managing Member of the limited liability company that executed the instrument herein, and said person acknowledged that he signed this instrument, on oath acknowledged it as the free and voluntary act of the limited liability company for the uses and purposes mentioned in the instrument, and that he was authorized to execute said instrument on behalf of said limited liability company. Date: Wdi\ 10 , 2oZ0 �'PD,,,,,, 160,44, Name: kozwikt,Orar„___ �r 83873 Ic 0 130T '°10,rr � (Print Name) S TA/it %z; �cuL 1- e� 0 '°UBLIC �tiI NOTARY PUBLIC, in an or the State of ..E•to o�: Z/ Washington,residing at c"L(, '� mES�a• �,' WASN*%4'' My Commission Expires: 8Ia I ZUZ z EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY [See attached] LEGAL DESCRIPTION Parcel A: Lot 3 and that portion of Lot 4,Block 2,Town of Slaughter,according to the plat thereof recorded in Volume 2 of Plats, Page 56, in King County, Washington, lying east of the following described line: beginning at a point on the north line of said Lot 4,a distance of 58.02 feet east of the northwest corner thereof; Thence south to a point on the south line of said Lot 4, a distance of 0.6 feet west of the south east corner thereof; Together with that portion of the vacated alley in said Block 2 as would attach by operation of law,pursuant to Ordinance No. 6193 of the City of Auburn, recorded September 12, 2008 under recording number 20080912001319. Parcel B: Lot 4,Block 2, Town of Slaughter, according to the plat thereof recorded in Volume 2 of Plats, Page 56, in King County,Washington; Except that portion of said Lot 4 lying east of the following described line: Beginning at a point on the north line of said Lot 4 a distance of 58.02 feet east of the northwest corner thereof; Thence south to a point on the south line of said Lot 4, a distance of 0.6 feet west of the southeast corner thereof; Together with that portion of the vacated alley in said Block 2 as would attach by operation of law,pursuant to Ordinance No. 6193 of the City of Auburn, recorded September 12, 2008 under recording number 20080912001319. Parcel C: Lots 7 and 8,Block 2,Town of Slaughter, according to the plat thereof recorded in Volume 2 of Plats,Page 56, in King County, Washington; Together with that portion of the vacated alley in said Block 2 as would attach by operation of law,pursuant to Ordinance No. 6193 of the City of Auburn, recorded September 12, 2008 under recording number 20080912001319; Except that portion of Lot 8 as conveyed to the City of Auburn by deeds recorded under recording numbers 20100409001191 and 20110712000838. Parcel D: Lot 2,Block 2, Town of Slaughter, according to the plat thereof recorded in Volume 2 of Plats,Page 56, in King County, Washington; Together with that portion of the vacated alley in said Block 2 as would attach by operation of law,pursuant to Ordinance No. 6193 of the City of Auburn, recorded September 12, 2008 under recording number 20080912001319. EXHIBIT B FORM OF RELEASE OF LIEN [See attached] WHEN RECORDED, RETURN TO: City of Auburn City Clerk's Office 25 W. Main St. Auburn,WA 98001 RELEASE OF LIEN OBLIGATION FOR UTILITY SYSTEM DEVELOPMENT CHARGES AND PARKS,TRANSPORTATION, SCHOOL,AND/OR FIRE IMPACT FEES Payment Obligation for the Benefit of Grantee: City of Auburn,a Washington municipal corporation Persons Indebted to Grantee("Grantor"): Reference Number(s)of Related Document(s): Legal Description (Abbreviated): Full description as set forth on attached Exhibit"A." Assessor's Tax Parcel ID Number: Plat or Building Permit Application Number: Amount Released: $ THIS RELEASE OF LIEN OF PAYMENT OBLIGATION FOR UTILITY SYSTEM DEVELOPMENT CHARGES AND PARKS, TRANSPORTATION, SCHOOL, AND/OR FIRE IMPACT FEES (the"Release")is made as of this day of , 20 by the City of Auburn(the"City"). The City entered into a Lien of Payment Obligation for Utility System Development Charges and Parks, Transportation, School, and/or Fire Impact Fees dated and recorded under King County Recording No. (the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the Covenant, upon Grantor's payment of the utility system development charges and/or impact fees as set forth therein, the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the charges and fee(s)to the City,the City hereby releases and discharges Grantor from the obligations described in the Lien. Upon recording of this Release,all of the Grantor's obligations under the Lien shall be deemed fully and completely satisfied, and the Lien shall have no further force or effect. City of Auburn, a Washington municipal corporation By: Name: Its: Date: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath acknowledged it as the of , to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. Date: Name: (Print Name) NOTARY PUBLIC, in and For the State of Washington,residing at My Commission Expires: