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: