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HomeMy WebLinkAbout6863 Instrument Number:20220707000693 Document:AG Rec:$228.50 Page-1 of 26 Record Date:7/7/2022 3:01 PM Electronically Recorded King County,WA • • Return:Address: Auburn City Clerk Cify of Auburn 25 West Main St. Auburn,WA 98001 RECORDER'S COVER SHEET Document Title(s)(or transactions contained therein): A) Payback Agreement for Traffic Signal PBK19-0002 Reference Number(s)of Documents assigned or released: ❑Additional reference#'s on page of document Grantor(s)/Borrower(s)(Last name first,then first name and initials) City of Auburn • Grantee/Assignee/Beneficiary:(Last name first) RECORDING REQUESTED BY FIRST AMERICAN TITLE COMPANY Inland Washington,LLC AS AN ACCOMMODATION ONLY Legal Description(abbreviated: i.e.lot,block,plat or section,township,range) NW1/4 31-22-05,SW1/4 31-22-05 ❑Additional legal is on page_of document. Assessor's Property Tax Parcel/Account Number 9360600305 Properties subject to the payback/benefiting properties: • 9360600340,9360600330,9360600323,9360600320,9360600325,9360000200,0002200001, 9360600350,0002200007,9360600005,9360600010,9360600015,9360600025 o Assessor Tax s not yet assigned ** please post to all parcel numbers 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 PBK19-0002 Reference#(if applicable): N/A Additional on page: Grantor : City of Auburn Grantee : Inland Washington,LLC Legal Description/STR: NW1/4 31-22-05, SW1/4 31-22-05 Additional on page: Assessor's Tax Parcel ID#: 9360600305 This Agreement made and entered into this \ day , ,Q by and between the City of Auburn,a municipal corporation of King County, Washington ("the CITY") and Inland Washington,LLC ("the DEVELOPER"),whose address is 120 West Cataldo, Suite 100, Spokane, WA 99201. WHEREAS,pursuant to Chapter 35.72 RCW and Chapter 3.25 ACC,the CITY has by Ordinance No. 6863 adopted by the City Council of the CITY on the \\=day of , 2022, 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; NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS, THE PARTIES MUTUALLY AGREE AS FOLLOWS: DEVELOPER At the time of construction, the DEVELOPER was the General Contractor of the OWNER of the real property legally described as shown on Exhibit 2 submitted by the DEVELOPER. "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 19-0016. 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 governing the construction specifications for these facilities and have been approved by the City Engineer. III. AREA OF FACILITY SERVICE BENEFIT The properties benefited by the traffic signal improvements ("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 development which increases the average PM peak vehicle trips, the amount as identified in Section V and Exhibit 6, because those properties adjacent to the improvements would benefit from the 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 (the effective period), any owner of real estate legally described in Section III,Exhibit 4,or Exhibit 5 that has not contributed to the original construction cost of the Facilities described in Section II and Exhibit 3, and that has not fully contributed their pro rata share to this original construction cost(a latecomer), shall pay to the CITY the amounts specified in Section V and Exhibit 6 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. This agreement will expire on the day of 2037. This agreement maybe extended only in accordance with RCW 35.72.020(2)(a) and/or ACC 3.25.050.B.6 (as now enacted or hereafter amended). The CITY will require payment of the latecomer's pro rata share at the time the CITY issues a building permit for a development which will increase the average PM peak vehicle trips, as defined by the Trip Generation Manual by the Institute of Traffic Engineer (ITE), because those properties adjacent to the improvements would benefit from the street improvements upon development.No payback payments will be required unless a Benefited Property owner applies for or receives a CITY building permit within this agreement's effective period. 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 PM peak 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 improvement of a benefitted property will be $1,358.15 per added average PM peak 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 Chapter 35.72 RCW. The total amount of reimbursement to the DEVELOPER for the facilities from all applicable charges shall not exceed$437,325.54. 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 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 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 issuance of a building permit, 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. 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 building permit issuance 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 payback charges owed to the DEVELOPER under this contract. The initial Contact Information and Address for Receipt of Reimbursement Funds is as follows: 5co14 Mbjy'if (Printed Name of Developer's Representative) Tlan6l. WasWhaton LLL (Company Name) 0-0 W. C,6M161.0 AVC (Mailing Address) 5-peka1v e, t m R'42o (City, State,Zip code) 509-s9/-5/62. (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. 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 ancy B s, Mayor ATTEST: APPROVED AS TO FORM: C 1 WI& OVINWLAA Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney DEVELOPER: Signature Signature TITLE: it.k tail f 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 0 6/2 /202-2.- ‘‘Iii 5 N FFR �14 r�G% — 1► =�sstoN 4,1-ro *, =� oTAR i��4 N JINICL '5W FL IA 10.3 sososi% Notary Public in and for the Stat of ashin y &B��a =p2 My appointment expires ( l ft Cf/00 n to �`�' �,��19\?ti WAS\'```' STATE OF WASHINGTON) ) ss COUNTY OF SPOKANE ) ,I I certify that I know or have satisfactory evidence that Nil�l NNEµ5n'` the persons who appeared before me, and said person, acknowledged that Oily signed this . instrument, on oath stated that t�t ,autho 'zed to execute the instrument and acknowledged it as the Ofd of Z��ti •C uir'6 -1 L. L.G• a limited liability eer�pyyt nn, to be the free and voluntary act of sucK parties for the uses and purposes mentioned in this instrument. Dated S 1 IV,- toontositusiiii���� •..li0.tgy Vti ...)i,‘, SO =)„,:ik Ge( � '' Notary Public in and for the tate of Washington '����� My appointment expires 10 IT Ill '''''�'rrrrpnnu���\��````. Exhibit 1 Return Address: Payback Agreement PBK19-0002 • o City of Auburn City Clerk 25 West Main Auburn,WA 98001 BILL OF SALE FAC19-0016 Reference#(if applicable): N/A Grantor/Borrower: COPPER GATE NORTH,LLC Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: Section 31—Township 22N—Range 5E Assessor's Tax Parcel ID#: 000220-0001,000220-0007,9360600340, & 936060-0330 KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of TEN DOLLARS ($10.00), and for the consideration of incorporating the Extension into the City system, and other good and sufficient consideration, receipt whereof is hereby acknowledged,the undersigned Grantor(s) Copper Gate North, 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, 39 LF of waterline, 58 LF of sanitary sewer, 2,343 LF of stormwater lines, 2,112 LF of street improvements, a roundabout at 49th St NE and I St NE, and a traffic signal at Auburn Way N and 49th St NE and all appurtenances or any other associated public facility as shown on the public facility extension plans referred to as FAC19-0016,the Copper Gate Apartments Offsite development. Situated within 49th AVE NE, Auburn Way N, D St NE, 45th St NE, and I St NE and the following described real property, located in King County: See EXHIBIT 'A' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. and the said Grantor(s)hereby warrant(s)that they are the sole owner(s) of all the property above conveyed; that they have full power to convey the same and that they will defend the title of the said Grantee against any and all persons lawfully making claim thereto, and indemnify the City of Auburn for any costs,including Attorney fees in defending title. FAC19-0016 Bill of Sale Page 1 of 6 Dated this " day of TKA)- ( , 2021 Grantor Grantor STATE OF WASHINGTON) ) ss COUNTY OF SPOKANE ) I certify that I know or have satisfactory evidence that a-v \JckiV i Sp v\ and G /are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instru ent and on oath stated that he/she/they was/were authorized to execute the instrument as the 6 vo.,,A-pv and of COPPER GATE NORTH, LLC, a limited liability company, and acknowledged it to be that party's free and voluntary act for the uses and purposes mentioned in the instrument. Dated g` (bV/-• 4,011111111104, ter. L9k.k.UYM6--- a V ost�I Jfi%cc\ o ''u+&icy Notary Public in and for the State of Washington Residing at �ol� My appointment expires 0((b l I�o 21L% l FAC19-0016 Bill of Sale Page 2 of 6 EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY LEGAL DESCRIPTION—TPN 0002200007 THE SOUTH 200 FEET OF THE EAST 110 FEET OF THAT PORTION OF W.A.COX DONATION CLAIM NOS.38 AND 43,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WHITE RIVER VALLEY HOME TRACTS;THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION;THENCE EASTERLY TO A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32;THENCE NORTH 809.4 FEET TO NORTH LINE OF DONATION CLAIM;THENCE WEST 258.2 FEET TO BEGINNING; EXCEPT STATE ROAD NO.5; AND EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY FOR 49th STREET NORTHEAST, AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY RIGHT OF WAY DEDICATION DEED RECORDED MARCH 06,2020,UNDER RECORDING NO.20200306000968. CONTAINS 20,4451 SQUARE FEET(0.4694±ACRES) • LEGAL DESCRIPTION—TPN 9360600330 THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A.COX AND HIS WIFE,ELIZABETH COX,DESIGNATED AS CLAIM NO.38,BEING A PART OF SECTION 31,TOWNSHIP 22 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID DONATION CLAIM,A DISTANCE OF 420,15 FEET WEST OF THE NORTHEAST CORNER THEREOF;THENCE SOUTH 839.74 FEET TO THE NORTH MARGIN OF SOUTH 280th STREET,AS ESTABLISHED BY DEEDS TO KING COUNTY,RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551;THENCE WEST ALONG SAID NORTH MARGIN 259.26 FEET;THENCE NORTH 840.74 FEET TO A POINT ON THE NORTH LINE OF SAID DONATION CLAIM A DISTANCE OF 259.24 FEET WEST OF THE POINT OF BEGINNING;THENCE EAST ALONG SAID NORTH LINE TO THE POINT OF BEGINNING; EXCEPT THE EAST 30 FEET;AND EXCEPT THAT PORTION,IF ANY,LYING WITHIN SOUTH 277th STREET(52nd STREET NORTHEAST);AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 7103110262; TOGETHER WITH THAT PORTION OF VACATED 49th STREET NORTHEAST(SOUTH 280th STREET)ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER 8102090641,AS WOULD ATTACH BY OPERATION OF LAW; EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001517,RECORDS OF KING COUNTY,WASHINGTON.(ALSO KNOWN AS A PORTION OF TRACT 42, FAC19-0016 Bill of Sale Page 3 of 6 TOGETHER WITH VACATED STREETS ADJOINING,WHITE RIVER VALLEY HOME TRACTS 2nd ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREOF); EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY RIGHT OF WAY DEDICATION DEED RECORDED MARCH 06,2020,UNDER RECORDING NO.20200306000969. AND THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A.COX AND HIS WIFE,ELIZABETH COX,DESIGNATED AS CLAIM NO.38,BEING A PART OF SECTION 31,TOWNSHIP 22 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID DONATION CLAIM,AT A POINT 679.39 FEET WEST OF THE NORTHEAST CORNER THEREOF;THENCE SOUTH 89°10'30" WEST ALONG SAID NORTH LINE 258.94 FEET;THENCE SOUTH 0°49'30"WEST 841.71 FEET TO THE NORTH MARGIN OF SOUTH 280th STREET,AS ESTABLISHED BY DEEDS TO KING COUNTY,RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551,SAID POINT BEING SOUTH 88°56'30"WEST 938.52 FEET FROM THE EAST LINE OF SAID DONATION CLAIM;THENCE NORTH 88°56'30"EAST ALONG SAID NORTH MARGIN 258.95 FEET;THENCE NORTH 840.70 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION,IF ANY,LYING WITHIN SOUTH 277th STREET(52nd STREET NORTHEAST); • TOGETHER WITH THAT PORTION OF VACATED 49th STREET NORTHEAST(SOUTH 280th STREET)ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER 8102090641,AS WOULD ATTACH BY OPERATION OF LAW; EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001517,RECORDS OF KING COUNTY,WASHINGTON.(ALSO KNOWN AS TRACT 43,TOGETHER WITH VACATED STREET ADJOINING,WHITE RIVER VALLEY HOME TRACTS 2nd ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF); EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY RIGHT OF WAY DEDICATION DEED RECORDED MARCH 06,2020,UNDER RECORDING NO.20200306000969. CONTAINS 321,470±SQUARE FEET(7.3799±ACRES) LEGAL DESCRIPTION--TPN 9360600340 THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A.COX AND HIS WIFE,ELIZABETH COX,DESIGNATED AS CLAIM NO.38,BEING A PART OF SECTION 31,TOWNSHIP 22 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID DONATION CLAIM,WHICH POINT IS 938.33 FEET SOUTH 89°10'30"WEST OF THE NORTHEAST CORNER OF SAID DONATION CLAIM;THENCE SOUTH 89°10'30"WEST ALONG THE NORTH LINE OF SAID DONATION CLAIM 258.64 FEET;THENCE SOUTH 0°49'30"WEST 842.68 FEET TO A POINT ON THE NORTH LINE OF THE COUNTY ROAD,AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551,WHICH POINT IS 1,197.18 FEET SOUTH 88°56'30" WEST OF THE EAST LINE OF SAID DONATION CLAIM; FAC19-0016 Bill of Sale Page 4 of 6 THENCE NORTH 88°56'30"EAST ALONG THE NORTH LINE OF SAID COUNTY ROAD 258.66 FEET;THENCE NORTH 0°49'30"EAST 841.71 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION,IF ANY,LYING WITHIN SOUTH 277th STREET(52nd STREET NORTHEAST);TOGETHER WITH THAT PORTION OF VACATED 49th STREET NORTHEAST (SOUTH 280th STREET)ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER 8102090641,AS WOULD ATTACH BY OPERATION OF LAW; EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001518,RECORDS OF KING COUNTY,WASHINGTON.(ALSO KNOWN AS TRACT 44,TOGETHER WITH VACATED STREET ADJOINING,WHITE RIVER VALLEY HOME TRACTS 2nd ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF); EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY RIGHT OF WAY DEDICATION DEED RECORDED MARCH 06,2020,UNDER RECORDING NO.20200306000969. AND THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A.COX AND HIS WIFE, ELIZABETH COX,DESIGNATED AS CLAIM NO.38,BEING A PART OF SECTION 31,TOWNSHIP 22 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY LINE OF SAID DONATION LAND CLAIM,AT A POINT WHICH IS SOUTH 89°10'30"WEST 1,196.97 FEET FROM THE NORTHEAST CORNER THEREOF;THENCE SOUTH 89°10'30"WEST ALONG SAID NORTHERLY LINE 258.34 FEET;THENCE SOUTH 1°03'30"WEST 843.64 FEET TO THE NORTHERLY LINE OF COUNTY ROAD,AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551,AT A POINT WHICH IS SOUTH 88°56"30"WEST 1,455.53 FEET FROM THE EAST LINE OF SAID DONATION LAND CLAIM;THENCE NORTH 88°56'30"EAST 258.35 FEET; THENCE NORTH 0°49'30"EAST 842.68 FEET TO THE POINT OF BEGINNING; EXCEPT THE WESTERLY 30 FEET THEREOF FOR COUNTY ROAD;AND EXCEPT THAT PORTION,IF ANY,LYING WITHIN SOUTH 277th STREET(52nd STREET NORTHEAST);AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 7103110262; TOGETHER WITH THAT PORTION OF VACATED 49th STREET NORTHEAST(SOUTH 280th STREET)ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER 8102090641,AS WOULD ATTACH BY OPERATION OF LAW; EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001518,RECORDS OF KING COUNTY,WASHINGTON.(ALSO KNOWN AS A PORTION OF TRACT 45,TOGETHER WITH VACATED STREET ADJOINING,WHITE RIVER VALLEY HOME TRACTS 2nd ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREOF); EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY RIGHT OF WAY DEDICATION DEED RECORDED MARCH 06,2020,UNDER RECORDING NO.20200306000969. CONTAINS 389,6941 SQUARE FEET(8.94611 ACRES) FAC19-0016 Bill of Sale Page 5 of 6 LEGAL DESCRIPTION--TPN 0002200001 THAT PORTION OF THE W.A.COX DONATION LAND CLAIM NOS.38 AND 43,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF WHITE RIVER VALLEY HOME TRACTS,ACCORDING TO THE PLAT THEREOF,RECORDED IN VOLUME 13 OF PLATS,PAGE 17,IN KING COUNTY,WASHINGTON;THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION;THENCE EASTERLY TO A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32;THENCE NORTH 809.4 FEET TO NORTH LINE OF DONATION CLAIM;THENCE WEST 258.2 FEET TO BEGINNING; EXCEPT STATE ROAD NO.5; AND EXCEPT THE SOUTH 200 FEET OF THE EAST 110 FEET THEREOF; AND EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY FOR 49th STREET NORTHEAST; AND EXCEPT ALL THAT PORTION OF THE FOLLOWING DESCRIBED TRACT OF LAND LYING SOUTHWESTERLY OF A LINE DRAWN 15.2 FEET RADIALLY FROM A POINT 52 FEET NORTHEASTERLY OF STATION 122+63 OF AUBURN WAY NORTH AND EXTENDING FROM THE NORTH LINE OF 49th STREET NORTHEAST TO A POINT OPPOSITE STATION 122+72(AND AS CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 7911271078,RECORDS OF KING COUNTY,WASHINGTON); AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY RIGHT OF WAY DEDICATION DEED RECORDED APRIL 11,2016,UNDER RECORDING NO. 20160411001520 AND RECORDED MARCH 06,2020,UNDER RECORDING NO.20200306000968. CONTAINS 187,831+SQUARE FEET(4.31201 ACRES) FAC19-0016 Bill of Sale Page 6 of 6 Exhibit 2 Payback Agreement PBK19-0002 Legal Description of Developer's Property Parcel Number: 9360600305 PARCEL A OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. BLA 19- 0008,RECORDED NOVEMBER 4, 2019 UNDER RECORDING NUMBER 20191104900007, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN FOR RIGHT OF WAY BY DEED RECORDED UNDER RECORDING NUMBER 20200306000967. Map of Developer's Property S 2.7711.1 ST 111,1 w1 1 a„z i.___ 1 lea i 491TH ST-NE- --- ' - ---- lii ,', " 411 SI" I L 93606'Q030 17' M co IK i , - it IN � 451-11ST1; `' Exhibit 3 Payback Agreement PBK19-0002 Facilities Constructed • 49TH ST NE z 9G61 o G15 2*- 9/.. 2 * Traffic lSignal Nj W� 111111 N r Lri _ 00 f 1 Exhibit 4 Payback Agreement PBK19-0002 Benefited Properties Legal Descriptions 9360600305 Parcel A, CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. BLA 19-0008, RECORDED IN VOLUME 414 OF SURVEYS, PAGES 39 THROUGH 41, UNDER RECORDING NO.20191104900007, RECORDS OF KING COUNTY,WASHINGTON. EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN FOR RIGHT OF WAY BY DEEDS RECORDED UNDER RECORDING NUMBERS 20200306000965 AND 20200306000967. 0002200007 Owner: Copper Gate North, LLC Address: 120 West,Cataldo#100,Spokane WA 99201 Legal Description: THE SOUTH 200 FEET OF THE EAST 110 FEET OF THAT PORTION OF W.A. COX DONATION CLAIM NOS. 38 AND 43, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WHITE RIVER VALLEY HOME TRACTS;THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION; THENCE EASTERLY TO A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32; THENCE NORTH 809.4 FEET TO NORTH LINE OF DONATION CLAIM; THENCE WEST 258.2 FEET TO BEGINNING; EXCEPT STATE ROAD NO. 5; AND EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY FOR 49TH STREET NORTHEAST. 0002200001 Owner:Copper Gate North, LLC Address: 120 West Cataldo#100,Spokane WA 99201 Legal Description: THAT PORTION OF THE W.A. COX DONATION LAND CLAIM NOS. 38 AND 43, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF WHITE RIVER VALLEY HOME TRACTS,ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE 17, IN KING COUNTY,WASHINGTON; THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION; THENCE EASTERLY TO A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32;THENCE NORTH 809.4 FEET TO NORTH LINE OF DONATION CLAIM; THENCE WEST 258.2 FEET TO BEGINNING; EXCEPT STATE ROAD NO. 5; AND EXCEPT THE SOUTH 200 FEET OF THE EAST 110 FEET THEREOF; AND EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY FOR 49TH STREET NORTHEAST; AND EXCEPT ALL THAT PORTION OF THE FOLLOWING DESCRIBED TRACT OF LAND LYING SOUTHWESTERLY OF A LINE DRAWN 15.2 FEET RADIALLY FROM A POINT 52 FEET NORTHEASTERLY OF STATION 122+63 OF AUBURN WAY NORTH AND EXTENDING FROM THE NORTH LINE OF 49TH STREET NORTHEAST TO A POINT OPPOSITE STATION 122+72(AND AS CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 7911271078, RECORDS OF KING COUNTY, • WASHINGTON); AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001520, RECORDS OF KING COUNTY,WASHINGTON, AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20200306000968, RECORDS OF KING COUNTY,WASHINGTON. 9360000200 Owner:Copper Gate North, LLC Address: 120 West Cataldo#100,Spokane WA 99201 Legal Description: THAT PORTION OF LOT 32,WHITE RIVER VALLEY HOME TRACTS,ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS AT PAGE 17, IN KING COUNTY,WASHINGTON, LYING NORTHEASTERLY OF PRIMARY STATE HIGHWAY NO.5; EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED AUGUST 18, 1964, UNDER RECORDING NO.5775470; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY RIGHT OF WAY DEDICATION DEED RECORDED APRIL 11, 2016, UNDER RECORDING NO. 20160411001521. 9360600350 Owner: Copper Gate North, LLC Address: 120 West Cataldo#100,Spokane WA 99201 Legal Description: THAT PORTION OF THE EAST HALF OF THE W.A.COX DONATION LAND CLAIM IN SECTION 31 TOWNSHIP 22 NORTH, RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING 1,454.4 FEET WEST OF THE NORTHEAST CORNER OF SAID W.A. COX DONATION LAND CLAIM; THENCE SOUTH 843.64 FEET; THENCE WEST 258.06 FEET; THENCE NORTH 844.6 FEET; THENCE EAST 258.95 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE ABOVE-DESCRIBED TRACT OF LAND,A DISTANCE OF 312 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE SOUTH ALONG SAID EAST LINE 312 FEET; THENCE WEST ALONG THE SOUTH LINE OF SAID ABOVE-DESCRIBED TRACT 258.06 FEET; THENCE NORTH ALONG THE WEST LINE OF SAID TRACT 312 FEET TO A POINT WEST OF THE POINT OF BEGINNING;THENCE EAST TO THE POINT OF BEGINNING; ALSO EXCEPT THAT EAST 30 FEET CONDEMNED FOR ROAD PURPOSES IN KING COUNTY SUPERIOR COURT CAUSE NO 85322; ALSO EXCEPT THAT PORTION, IF ANY, LYING WITHIN THAT CERTAIN TRACT OF LAND CONVEYED TO DAVE HILL AND BRIDGET HILL, HUSBAND AND WIFE, BY DEED RECORDED IN VOLUME 469 OF DEEDS VOLUME 605, RECORDS OF KING COUNTY; ALSO EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET(52ND STREET NORTHEAST); ' ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001519, RECORDS OF KING COUNTY,WASHINGTON. (BEING KNOWN AS A PORTION OF TRACT 46,WHITE RIVER VALLEY HOME TRACTS NO. 2,ACCORDING TO THE UNRECORDED PLAY THEREOF). 9360600330 Owner:Copper Gate North, LLC Address: 120 West Cataldo#100,Spokane WA 99201 Legal Description: THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX, DESIGNATED AS CLAIM NO. 38, BEING A PART OF SECTION 31,TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID DONATION CLAIM,A DISTANCE OF 420.15 FEET WEST OF THE NORTHEAST CORNER THEREOF;THENCE SOUTH 839.74 FEET TO THE NORTH MARGIN OF SOUTH 280th STREET,AS ESTABLISHED BY DEEDS TO KING COUNTY, RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551;THENCE WEST ALONG SAID NORTH MARGIN 259.26 FEET;THENCE NORTH 840.74 FEET TO A POINT ON THE NORTH LINE OF SAID DONATION CLAIM A DISTANCE OF 259.24 FEET WEST OF THE POINT OF BEGINNING;THENCE EAST ALONG SAID NORTH LINE TO THE PONT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX, DESIGNATED AS CLAIM NO. 38, BEING A PART OF SECTION 31,TOWNSHIP 22 NORTH, RANGE 5 EAST,WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID DONATION CLAIM,AT A POINT 679.39 FEET WEST OF THE NORTHEAST CORNER THEREOF;THENCE SOUTH 89°10'30"WEST ALONG SAID NORTH LINE 258.94 FEET; THENCE SOUTH 0°49'30"WEST 841.71 FEET TO THE NORTH MARGIN OF SOUTH 280th STREET,AS ESTABLISHED BY DEEDS TO KING COUNTY, RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551,SAID POINT BEING SOUTH 88°56'30"WEST 938.52 FEET FROM THE EAST LINE OF SAID DONATION CLAIM;THENCE NORTH 88°56'30" EAST ALONG SAID NORTH MARGIN 258.95 FEET;THENCE NORTH 840.70 FEET TO THE POINT OF BEGINNING; EXCEPT THE EAST 30 FEET;AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277th STREET(52nd STREET NORTHEAST); EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 7103110262;TOGETHER WITH THAT PORTION OF VACATED 49th STREET NORTHEAST(SOUTH 280th STREET)ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER 8102090641,AS WOULD ATTACH BY OPERATION OF LAW; EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001517, RECORDS OF KING COUNTY,WASHINGTON. EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20200306000969, RECORDS OF KING COUNTY, WASHINGTON. EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20210415002385, RECORDS OF KING COUNTY,WASHINGTON. 9360600340 • Owner: Copper Gate North, LLC Address: 120 West Cataldo#100,Spokane WA 99201 Legal Description: THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX, DESIGNATED AS CLAIM NO. 38, BEING A PART OF SECTION 31,TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID DONATION CLAIM,WHICH POINT IS 938.33 FEET SOUTH 89°10'30"WEST OF THE NORTHEAST CORNER OF SAID DONATION CLAIM;THENCE SOUTH 89°10'30"WEST ALONG THE NORTH LINE OF SAID DONATION CLAIM 258.64 FEET;THENCE SOUTH 0°49'30" WEST 842.68 FEET TO A POINT ON THE NORTH LINE OF THE COUNTY ROAD,AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551,WHICH POINT IS 1,197.18 FEET SOUTH 88°56'30" WEST OF THE EAST LINE OF SAID DONATION CLAIM;THENCE NORTH 88°56'30" EAST ALONG THE NORTH LINE OF SAID COUNTY ROAD 258.66 FEET;THENCE NORTH 0°49'30" EAST 841.71 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX, DESIGNATED AS CLAIM NO. 38, BEING A PART OF SECTION 31,TOWNSHIP 22 NORTH, RANGE 5 EAST,WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY LINE OF SAID DONATION LAND CLAIM,ATA POINT WHICH IS SOUTH 89°10'30"WEST 1,196.97 FEET FROM THE NORTHEAST CORNER THEREOF;THENCE SOUTH 89°10'30" WEST ALONG SAID NORTHERLY LINE 258.34 FEET;THENCE SOUTH 1°03'30"WEST 843.64 FEET TO THE NORTHERLY LINE OF COUNTY ROAD,AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551,AT A POINT WHICH IS SOUTH 88°56"30" WEST 1,455.53 FEET FROM THE EAST LINE OF SAID DONATION LAND CLAIM;THENCE NORTH 88°56'30" EAST 258.35 FEET;THENCE NORTH 0°49'30" EAST 842.68 FEET TO THE POINT OF BEGINNING; EXCEPT THE WESTERLY 30 FEET THEREOF FOR COUNTY ROAD; AND EXCEPT THAT PORTION, IF ANY, LYING WITHING SOUTH 277th STREET(52nd STREET NORTHEAST); TOGETHER WITH THAT PORTION OF VACATED 49th STREET NORTHEAST(SOUTH 280th STREET) ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER 8102090641,AS WOULD ATTACH BY OPERATION OF LAW; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 7103110262; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001518, RECORDS OF KING COUNTY,WASHINGTON. AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20200306000969, RECORDS OF KING COUNTY,WASHINGTON. 9360600323 • Owner:Copper Gate North, LLC Address: 120 West Cataldo#100,Spokane WA 99201 Legal Description: THAT PORTION OF THE W.A. COX D.L.C., IN SECTION 31,TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.;THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING WEST ALONG SAID NORTH LINE 210.0 FEET;THENCE SOUTH 839.74 FEET, MORE OR LESS,TO THE NORTH LINE OF SOUTH 280th STREET AT A POINT 420.31 FEET WEST FROM THE EAST LINE OF SAID COX D.L.C.;THENCE EAST ALONG SAID NORTH LINE 209.94 FEET;THENCE NORTH 839.0 FEET, MORE OR LESS,TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 414.56 FEET THEREOF; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN 52nd STREET NORTHEAST; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001516, RECORDS OF KING COUNTY,WASHINGTON. (ALSO KNOWN AS A PORTION OF TRACT 41,WHITE RIVER VALLEY HOME TRACTS 2nd ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). 9360600320 Owner: Copper Gate North, LLC Address: 120 West Cataldo#100,Spokane WA 99201 Legal Description: THAT PORTION OF THE W.A.COX D.L.C. IN SECTION 31,TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.;THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEET;THENCE SOUTH 839 FEET, MORE OR LESS,TO THE NORTH LINE OF SOUTH 280th STREET AT A POINT 210.37 FEET WEST OF THE EAST LINE OF SAID D.L.C.;THENCE EAST ALONG SAID NORTH LINE 210.37 FEET TO THE EAST LINE OF SAID D.L.C.;THENCE NORTHERLY ALONG SAID EAST LINE 838.2 FEET TO THE POINT OF BEGINNING; EXCEPT THE SOUTH 414.56 FEET THEREOF; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN 52nd STREET NORTHEAST; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001515, RECORDS OF KING COUNTY,WASHINGTON. (ALSO KNOWN AS A PORTION OF LOTS 40 AND 41,WHITE RIVER VALLEY HOME TRACTS 2nd ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). 9360600325 ' Owner: Copper Gate North, LLC Address: 120 West Cataldo#100,Spokane WA 99201 Legal Description: THE SOUTH 414.56 FEET OF THAT PORTION OF W.A. COX DONATION LAND CLAIM IN TOWNSHIP 22 NORTH, RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID W.A.COX DONATION LAND CLAIM;THENCE WESTERLY ALONG THE NORTH LINE OF SAID DONATION LAND CLAIM 420.15 FEET;THENCE SOUTH 839.74 FEET, MORE OR LESS,TO THE NORTH LINE OF THE COUNTY ROAD"SOUTH 280th STREET" (49th ST NE)AT A POINT 420.31 FEET WEST FROM THE EAST LINE OF SAID DONATION LAND CLAIM;THENCE EAST ALONG SAID COUNTY ROAD 420.31 FEET TO THE EAST LINE OF SAID DONATION LAND CLAIM; THENCE NORTHERLY ALONG THE EAST LINE OF SAID DONATION LAND CLAIM 838.2 FEET TO THE PLACE OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED 49th STREET N.E.ADJOINING AS VACATED BY CITY OF AUBURN ORDINANCE NUMBER 3614 UNDER RECORDING NUMBER 8104220744,AS WOULD ATTACH BY OPERATION OF LAW(BEING THE NORTH HALF OF THE 40 FOOT RIGHT OF WAY CONVEYED BY DEED RECORDED UNDER RECORDING NUMBER 544796). (ALSO KNOWN AS THE SOUTH 414.56 FEET OF TRACTS 40 AND 41, SECOND ADDITION TO WHITE RIVER VALLEY HOME TRACTS,ACCORDING TO THE UNRECORDED PLAT THEREOF). 9360600005,9360600010&9360600015 Owner: BLTK Hotel, LLC Address: 11910 SE 277TH ST,Kent WA 98031 Legal Description: TRACTS 1, 2 AND 3, SECOND ADDITION TO WHITE RIVER VALLEY HOME TRACTS,ACCORDING TO THE UNRECORDED PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SECTION 31,TOWNSHIP 22 NORTH, RANGE 5 EAST,W.M.,AND THE SOUTH LINE OF THE W.A. COX DONATION CLAIM;AND RUNNING THENCE NORTH 1406.46 FEET TO THE POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED; THENCE EAST 421.82 FEET; THENCE NORTH 354.56 FEET TO COUNTY ROAD; THENCE WESTERLY ALONG SAID COUNTY ROAD,434.96 FEET; THENCE SOUTH 247.48 TO THE POINT OF BEGINNING; LESS COUNTY ROADS. SITUATE IN THE COUNTY OF KING,STATE OF WASHINGTON. 060600025 • Owner: BLTK Hotel, LLC Address: 11910 SE 277TH ST, Kent WA 98031 Legal Description: TRACT 4, SECOND ADDITION TO WHITE RIVER VALLEY HOME TRACTS,ACCORDING TO THE UNRECORDED PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SECTION 31,TOWNSHIP 22 NORTH, RANGE 5 EAST,W.M.,AND THE SOUTH LINE OF THE W.A. COX DONATION CLAIM;AND RUNNING THENCE NORTH 1302.12 FEET TO THE POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED; THENCE EAST 416.30 FEET; THENCE NORTH 104.36; THENCE WEST 418.62 FEET; THENCE SOUTH 104.34 FEET TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Surveyor's Certification: I,Glenn R.Sprague,PLS,hereby attest that the legal descriptions noted above represent the parcels of land described as associated with the Owners and Tax Accounts listed hereon,as made available from public record. mow_ Csti.ti °F Rt.6'64> A :fP � o' \ �� es ' 41299 Rsq 4 i " 41:41,'001 �� aR. �"EEffEEEfEEffEEEEEEEE��E 04/21/22 , „Ail I ' ° 9360600005 fl 0 9360600010 9360000200 'N -9360600015 85TH.AVE75 �c,�� 0002200001 ri v ��� 0002200007 L 1,„ ta �ey..�z PN /r 0. rn 9360600340 ;. . o z Cr CD (II = "'� Cil CD —I 2 CO5 CZ 03 'CD 73 CD rnet CO -0 w 9360600330 9i rrCrh'C Aiiii 111, --1 N 9360600320 rn _ �.. •'', l Exhibit 6 Payback Agreement PBK19-0001 Benefiting Properties Reimbursement Fees Signal Total Cost: $494,368 Cost per added estimated New PM Peak Vehicle Trip: $1,358.15 Anticipate Proposed Area Parcel Land Use d Added Estimated Assessment Numbers Assumptions PM Peak Assessment Amount Trips1,2,4 (%) Multi-family— A5 9360600305 Mid Rise(LU 42 12% $57,042.46 221) 9360600340, 9360600330, Shopping Center B 9360600323, (LU 820), Office 88 24% $119,517.54 9360600320, (LU 710) 9360600325 9360000200, Shopping Center C 0002200001, (LU 820), Office 36 10% $48,893.54 9360600350, (LU 710) 0002200007 D3 9360600005 Shopping Center 34 9% $46,177.23 (LU 710) Gasoline/Service E3 9360600010 Station with 126 35% $171,127.38 Convenience Market(LU 945) Gasoline/Service F3 9360600015 Station with 28 8% Convenience $38,028.31 Market(LU 945) Gasoline/Service G3 9360600025 Station with 10 3% Convenience $13,581.54 Market(LU 945) Total 364 100% $494,368.00 Amount of reimbursement 322 88% $437,325.54 • Notes: 1. Trips=Turning maneuvers accessing 49th Street NW(pass-by+primary) 2. Distribution follows approved commercial patterns from Copper Gate 3. Areas D, E, F, G are treated as a single project with Gasoline/Service Station with Convenience Market store and shared 15,000 square feet of retail.Circulation considers concurrent development of all four parcels. 4. PM peak hour trips for Areas A,B, and C are based on the approved August 2019 TIA. 5. These parcels are the Developer's Property.