HomeMy WebLinkAbout20140822000319 EASEMENT FOR STREAM RELOCATION, WETLAND AND STREAM, RESTORATION AND CONSERVATION 07/25/14I3) -� 61
Return Address -
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
11111111GiM
281
RECORDER'S COVER SHEET
N u) 1 Z-2-1- 4
2200,319
Document Title(s) (or transactions contained therein)
Easement for Stream Relocation, Wetland and Stream, Restoration and Conservation
Reference Number(s) of Documents assigned or released
[:]Additional reference #'s on page _ of document
Grantor(s) (Last name first, then first name and initials)
1 SCG White river Corporate Park, LLC
,7 .
Grantee: (Last name first) V,
City of Auburn
Legal Description (abbreviated i.e lot, block, plat or section, township, range)
That portion of Lots 1 and 4, City of Auburn Short Plat Number SP -3 -86
That part of the NW '/4 of Section 12, Twp 21 N, R4E
® Additional legal is on pages 10 - 12 of the document.
I Assessor's Property Tax Parcel /Account Number:
1221049035
❑ Assessor Tax # not
EXCISE TAX NOT REQUIRED
Kin tY ecords Division
B Deputy
'C
When Recorded Mail to
City of Auburn
25 West Main Street
Auburn, Washington 98001 -4998
Tax Parcel ID #• 122104 -9035
EASEMENT FOR STREAM RELOCATION, WETLAND AND STREAM,
RESTORATION, AND CONSERVATION
This Easement for Stream Relocation, Wetland and Stream, Restoration, and Conservation
(this "Easement ") is entered into as of this 25 day of July, 2014 by SCG White River Corporate
Park, LLC, a Delaware limited liability company ( "Grantor "), to the City of Auburn, a
Washington municipal corporation ("Grantee ").
RECITALS
This Easement is entered into by Grantor and Grantee on the basis of the following recitals:
A. Grantor is the sole owner in fee simple of the real property consisting of
approximately 19 0 acres of land located in King County, Washington ( "Whole Property ") legally
described in Exhibit A, attached to and made a part of this Easement. Grantor desires to convey
and Grantee desires to purchase an easement for stream relocation and enhancement and wetland
restoration and enhancement and for conservation over, under and across a portion of the Whole
Property consisting of approximately 1 9 acres of land ( "Protected Property"), which is legally
described in Exhibit B attached hereto and made a part of this Easement. A map of the Protected
Property is attached, and made a part of this Easement, as Exhibit C.
B. Subject to permit approval by regulatory agencies, Grantee intends to perform or
authorize the Army Corps of Engineers or its contractor to perform certain restoration work
(collectively, the "Construction Activities ") as part of the Green- Duwamish Ecosystem
Restoration Project authorized by Congress under Section 101(b)(26) of the Water Resources
Development Act of 2000, Public Law 106 -51, and in accordance with the terms and conditions
of the Project Partnership Agreement Between the Department of the Army and the City of Auburn
for Construction of the Duwamish/Mill Creek Wetland 5K Reach Ecosystem Restoration Project
as authorized by Resolution No 4959 of the City Council of the City of Auburn, Washington,
including but not limited to survey, site preparation, stream relocation, removal of invasive non-
native vegetation, planting of native riparian vegetation, streambank stabilization, installation of
large woody debris and other activities associated with stream relocation and stream and wetland
restoration and enhancement.
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NOW THEREFORE, in consideration of mutual benefits and other valuable consideration,
the receipt and adequacy of which is hereby acknowledged, Grantor and Grantee agree as follows:
1. Grant ofEasetnent.
Grantor voluntarily conveys and warrants to Grantee, and Grantee accepts:
(a) A perpetual and assignable right and easement in, on, over and across the lands of
the Grantors described in Exhibit B attached hereto to construct, operate, maintain,
repair, alter, rehabilitate, remove, replace and monitor features of the Green -
Duwamish Ecosystem Restoration Project including;. vegetative plantings,
modifications and improvements within and adjacent to the stream or shore for
grade control, or bank stabilization purposes; fish and wildlife habitat or other
ecosystem restoration improvements; placement of materials or structures in the
bed, banks, or shorelines that influence stream velocity or channel form, removal
or placement of gravels, cobbles, and boulders, and other structures or conveyances
to recharge or maintain flow to existing wetlands; together with the right to remove
structures or obstructions including levees; reserving, however, to the owners, their
heirs and assigns, all other rights and privileges that may be used without interfering
with or abridging the enumerated rights and easement hereby conveyed and
acquired; all subject to existing easements for public roads and highways, public
utilities, railroads and pipelines.
(b) A perpetual and assignable easement prohibiting any disturbance of the Protected
Property on the terns and conditions set forth herein.
2. Propose.
It is the purpose of this Easement to ensure that the Protected Property can be restored to an
ecologically based natural and native condition consistent with the natural values of the area and
be retained forever predominantly in such a natural and native state and to prevent any use of the
Property that will impair or interfere with such a natural and native state. This Easement shall not
be construed as affording to the general public physical access to any portion of the property
3. Rights of Grantee.
To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this
Easement:
(a) To conduct activities authorized by the grant in Section ]a. of this Easement.
Nothing herein, however, shall be deemed to imply any obligation to perform such
activities.
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(b) To enter upon the Whole Property in order to have unimpeded access to, in and
through the Protected Property for the purposes of exercising or monitoring the
rights granted in this Easement provided that such entry shall be upon prior
reasonable notice to Grantor, and Grantee shall not in any case unreasonably
interfere with Grantor's quiet use and enjoyment of the Protected Property, except
in cases where Grantee determines that immediate entry is required to prevent,
tenninate, or mitigate a violation of this Easement.
(c) To authorize the United States of America, acting through the Department of the
Army Corps of Engineers, its representatives, agents and contractors to make full
use of the Easement to the same extent as Grantee.
(d) To allow persons or groups, including Grantee, to enter upon the Protected Property
for scientific and educational purposes at mutually agreeable dates and times and
upon not less than 10 days prior notice to grantor, and to allow passive recreational
use and activities, provided that such passive recreational use and activities do not
interfere with the activities of Grantor or its assignees. Grantee may create a
pathway for passive recreational use provided that Grantee minimizes impacts to
natural and restored features of the Protected Property and obtains Grantor's prior
approval, and
(e) To prevent any activity on or use of the Protected Property that is inconsistent with
the purpose of this Easement and to require the restoration of such areas or features
of the Protected Property that may be damaged by any inconsistent activity or use.
4. Prohibited Uses and Activities.
After the Construction Activities have commenced, Grantor shall be prohibited, except as
authorized in Section 5 of this Easement, from in any way disturbing, altering, developing, using
or otherwise impacting the Protected Property and the natural or restored features therein.
5. Reserved Rights.
Grantor reserves to itself the right to undertake the following uses and activities within the
Protected Property-
(a) Emergencies. The right to undertake other activities necessary to protect public
health or safety, or which are actively required by and subject to compulsion of any
governmental agency with authority to require such activity
(b) Recreational Use The right to allow passive recreational use and activities,
provided that such passive recreational use and activities do not interfere with the
activities of Grantee or its assignees authorized by Sections 1 and 3 of this
Easement. Grantor may, consistent with this Section 5(b), create a pathway for
passive recreational use provided that Grantor minimizes impacts to natural and
restored features of the Protected Property and obtains Grantee's prior approval.
OHSUSA.7584198002 3
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6. Stream Relocation, Wetland and Stream Restoration and Enhancement
Nothing in this Easement, including the preceding Sections 4 and 5, shall be interpreted or applied
to Interfere with the right of Grantee or its assignees to conduct the activities authorized by Sections
1 and 3 of this Easement.
Indemnification; Insurance.
(a) Indemnification. Grantee shall indemnify, defend (with counsel reasonably
acceptable to Grantor), and hold harmless Grantor and Grantor's affiliates and their
respective directors, employees, servants, members, and agents, and all successors,
assigns and representatives of such parties and against any and all loss of or damage
to property, or injuries to, or death of, any Person or Persons, and from any and all
claims, costs, damages, suits, causes of action, and judgments in any way resulting
from, or arising out of, directly or indirectly, Grantee's use or occupancy of the
Protected Property or the Whole Property (whether permissive or prohibited),
unless caused by the gross negligence or willful misconduct of Grantor
(b) [cArlbrsurance. Grantee shall at all times carry commercial liability insurance with
coverage limits of not less than Two Million Dollars ($2,000,000) combined single
limit bodily injury, personal injury, death and property damage liability per
occurrence, insuring against any and all liability of the insured with respect to the
Protected Property or arising out of the management, operation, maintenance, use
or occupancy of the Protected Property or related to the exercise of any person on
the Protected Property All such commercial liability insurance shall include
personal injury, blanket contractual, cross liability and severability of interest
clauses, products /completed operations, broad form property damage, independent
contractors, owned, non -owned and hired vehicles, and liquor liability to the extent
alcoholic beverages are served, sold, consumed or obtained on any portion of the
Protected Area. The foregoing insurance may be carried under (a) an individual
policy covering the particular location, (b) a blanket policy which includes other
liabilities, properties and locations of such party, or (c) a combination of any of the
foregoing insurance programs.
8. Alternate Dispute Resolution.
If a dispute arises between Grantor and Grantee concerning this Easement, they shall attempt to
resolve the dispute through informal discussion. The parties may also agree to refer the dispute to
mediation. Upon such agreement, the parties shall select a single mediator to hear the matter
9. Assignment of Easement; Notice of Transfer of Protected Property by Grantor and
Successor and Assigns.
(a) Assignment Generally, Permitted Assiznniclit Grantee shall not assign or convey
its right, title and interest in and to this Easement without Grantor's prior written
consent, which consent may be withheld in Landlord's sole discretion.
Notwithstanding the preceding prohibition, Grantee may assign its right, title and
OHSUSA 758419800 2
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interest in and to this Easement, to any governmental, quasi - governmental, or
municipal entity
(b) Notiec of Trans %r ofPr-otected Property Anytime the Protected Property itself, or
any interest in it is transferred by Grantor to a third party, Grantor, Its successors
and assigns, shall notify Grantee in writing, and the document of conveyance shall
expressly refer to this Easement.
10. 41odi ication.
This Easement may only be modified by agreement of the parties hereto All modifications shall
be in writing, signed by both parties and recorded in the real property records of King County
11. Intei pretation.
This Easement shall be interpreted under the laws of Washington, resolving any ambiguities and
questions of the validity of specific provisions so as to give maximum effect to its restoration
purposes.
12. Peipetual Duration.
The Easement created by this Easement shall be a servitude running with the land in perpetuity
Every provision of this Easement that applies to Grantor or Grantee shall also apply to their
respective agents, heirs, executors, administrators, assigns, and all other successors as their
interests may appear
13. Notices.
Any notices required by this Easement shall be in writing and shall be personally delivered or sent
by first class mail to Grantor and Grantee respectively at the following addresses, unless a party
has been notified in writing by the other of a change of address.
To Grantor
SCG White River Corporate Park, LLC
c/o Stockbridge Capital Group
4 Embarcadero Canter, Suite 3300
San Francisco, California 94111
To Grantee:
City of Auburn
25 West Main Street
Auburn, Washington, 98001 -4998
14. Severability.
If any provision of this Easement is found to be invalid, illegal or unenforceable, that finding shall
not affect the validity, legality or enforceability of the remaining provisions.
OHS USA. 758419800 2 5
4999.13901
15. Acceptance.
As set forth in Section 1, Grantee hereby accepts this Grant of Easement.
[Remainder ofpage inlentionalh, left blank, signaltne pages follows.I
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IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves,
have set their hands on the date first written above.
Grantor•
SCG White River Corporate Park, LLC,
a Delaware limited liability corn
By
e:
Its: J�c� -fit �S.olc.,4
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
On ;J -u S , 2014, before me, i4�irqln • �otary Public,
personally appeared V 944 ^ who proved to me on the basis of
satisfactory evidence to be the personAf whose na1 , re subscribed to ,Ahe within instrument
and acknowledged to me Aat e /they executed the same in her /their authorized
capacity(ind that by er /their signature(e)'on the instrument the persop( -Sl, or the entity
upon behalf of which the person(,5yscted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
KAREN A. KNUTH
Commission N 1992547
Notary Public • California
x San Francisco County
M Comm. Ex fires Se 29, 2016+
(Seal)
OHSUSA 758419800 2
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Signature of the Notary Public
Grantee:
City of Auburn,
a Washington Municipal Corporation.
By
Nancy 1 us, Mayor
STATE OF WASHINGTON
COUNTY OF KING
On this \o -day of A , 2014, before me personally appeared Nancy
Backus, to me known to be the Mayor of the City of Auburn that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of the
City, for the uses and purposes therein mentioned, and on oath stated that she was authorized to
execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above
written.
Notary- Public in and for the
State of Washington, residing at
City and State
My appointment expires ¢ti `Ic \ a \ 4-
OHSUSA 758419800 2
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EXHIBIT A
LEGAL DESCRIPTION OF WHOLE PROPERTY
That portion of Lots 1 and 4, City of Auburn Short Plat Number SP -3 -86, recorded under
Recording Number 8606050397, in King County, Washington, described as follows:
That portion of the Northwest quarter of the Northwest quarter of Section 12, Township 21 North,
Range 4 East, Willamette Meridian, in King County, Washington, described as follows:
Commencing at the Northwest corner of said Northwest quarter;
Thence South 86 °21'31" East along the North line of said Northwest quarter 562.39 feet to the
true point of beginning;
Thence South 03 °38'29" West 421 00 feet;
Thence North 86 °21'31" West 508.35 feet to the East line of the West 36 00 feet of said Northwest
quarter,
Thence South 0I'l 1'27" West along said East line 60 06 feet;
Thence South 86 °21'31" East 500.46 feet to the East line of the West 536.00 feet of said
Northwest quarter,
Thence South 01 °11'27" West along said East line of the West 536 00 feet a distance of 779.26
feet to the North line of the South 60 00 feet of said Northwest quarter of the Northwest quarter;
Thence North 86 °23'05" West parallel with the South line of said Northwest quarter of the
Northwest quarter 500.45 feet to the East line of the West 36 00 feet of said Northwest quarter;
Thence South 01'11'27" West along said East line of the West 36 00 feet a distance of 60 06 feet
to the South line of said Northwest quarter of the Northwest quarter,
Thence South 86 °23'05" East along said South line 851 91 feet to a point 180 03 West, as
measured along the South line of said Northwest quarter of the Northwest quarter, of the West
margin of SR 167 as condemned in King County Superior Court Cause Number 718903,
Thence North 04 °42'02" East parallel with the said West margin 145 00 feet;
Thence North 47 °28'43" East 88.64 feet;
Thence North 01'21'43" East 1,1 11.35 feet to the North line of said Northwest quarter;
Thence North 86 °21'31 " West 401.90 feet to the true point of beginning;
OHSUSA 758419800.2 9
9999 -13901
(Also known as Lot 4, City of Auburn Lot Line Adjustment Number 16 -86, recorded under
Recording Number 8611131947 )
Situate in the County of King, State of Washington.
OHSUSA 7584198002 10
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EXHIBIT B
LEGAL DESCRIPTION OF PROTECTED PROPERTY
A PORTION OF LOT 4 OF CITY OF AUBURN SHORT PLAT SP -3 -86, AS RECORDED
UNDER RECORDING NUMBER 8606050397 RECORDS OF KING COUNTY,
WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4;
THENCE ALONG THE EAST LINE THEREOF NORTH 04 °41'10" EAST 145.00 FEET,
THENCE CONTINUING ALONG SAID EAST LINE NORTH 47 028'03" EAST 88.64 FEET,
THENCE CONTINUING ALONG SAID EAST LINE NORTH 01 021'03" EAST 167.22 FEET,
THENCE LEAVING SAID EAST LINE NORTH 88 °38'57" WEST 189.32 FEET,
THENCE SOUTH 26 059'09° WEST 185.39 FEET,
THENCE SOUTH 63 033'17" EAST 33.37 FEET,
THENCE SOUTH 32 008'26" WEST 68.67 FEET,
THENCE SOUTH 29 "34'32" WEST 139.14 FEET TO THE SOUTH LINE OF SAID LOT 4;
THENCE ALONG SAID SOUTH LINE SOUTH 86 023'45" EAST 268.15 FEET TO THE
POINT OF BEGINNING.
CONTAINING 85,137 SQUARE FEET OR 1.95 ACRES, MORE OR LESS
SITUATE IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH,
RANGE 04 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF AUBURN, COUNTY
OF KING, STATE OF WASHINGTON.
OHSUSA 758419800 2
o9vo -13001
NW CDR SEC 12
TWP21 N R 4 E
WM FOUND BRASS
SURFACE MON.
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3
ENIIIBIT C
MAP /DEPICTION OF PROTEC'T'ED PROPERTY
LOT 4 CITY OF AUBURN
SHORT PLAT SP-3 -86 /
AFN 8606050397
h�
/
I
Parametrlx
SCALE NFEET
0 30 60
N88' 36' 57L
LOT 4
189 32 �
N
NI
z
LOT 4 �e °!
_1 TRACT 'B'
SP -3 -86
SE CDR LOT 44� P.O.B. 45 °E 268.15 \
LOT 4 CITY OF AUBURN
i SHORT PLAT SP -2 -8 AFN 8606050396
'N LINE DF SW 1/4 OF NW 1/4 SEC 12,
TWP 21 N., R 4 E.
WM.
EXHIBIT C
FILE. PU7301001P01T01V -BA
DATE: Jul 15, 2014
OI -ISUSA 753419800 2 12
9999 -13901
LOT 4
N �
u7 �
Nw
60' INGRESS, EGRESS
° a
AND UTILITY ESM'T
PER SP -3�
16
TRACT 'X' S86'
I
Parametrlx
SCALE NFEET
0 30 60
N88' 36' 57L
LOT 4
189 32 �
N
NI
z
LOT 4 �e °!
_1 TRACT 'B'
SP -3 -86
SE CDR LOT 44� P.O.B. 45 °E 268.15 \
LOT 4 CITY OF AUBURN
i SHORT PLAT SP -2 -8 AFN 8606050396
'N LINE DF SW 1/4 OF NW 1/4 SEC 12,
TWP 21 N., R 4 E.
WM.
EXHIBIT C
FILE. PU7301001P01T01V -BA
DATE: Jul 15, 2014
OI -ISUSA 753419800 2 12
9999 -13901
Return Address.
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
oJ� 12 -2►— Ll vso'l
CONFORMED COPY
20140822000319
FIRST AMERICAN EAS 84 00
PAGE -001 OF 013
08/22/2014 10 05
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein)
Easement for Stream Relocation, Wetland and Stream. Restoration and Conservation
Reference Number(s) of Documents assigned or released
❑Additional reference Xs on page _ of document
Grantor(s) (Last name first, then first name and initials)
1 SCG White river Corporate Park, LLC
Grantee: (Last name first) no LIABT.rrrG,,ZVY !PIT, �-
City ofAuburn hty
Legal Description (abbreviated- i.e. lot, block, plat or section, township, range)
That portion of Lots 1 and 4, City of Auburn Short Plat Number SP -3 -86
That part of the NW '/4 of Section 12, Twp 21 R R4E
® Additional legal is on pages 10 - 12 of the document
Assessor's Property Tax Parcel /Account Number-
1221049035
Assessor Tax # not
EXCISE TAX NOT REQUIRED
Kin
!=rds Division
Deputy
When Recorded Mail to
City of Auburn
-25 West -Main Street
Auburn, Washington 98001 -4998
Tax Parcel fD #- 122104 -9035
EASEMENT FOR STREAM RELOCATION, WETLAND AND STREAM,
RESTORATION, AND CONSERVATION
This Easement for Stream Relocation, Wetland and Stream, Restoration, and Conservation
(this "Easement ") is entered into as of this 25 day of July, 2014 by SCG White River Corporate
Park, LLC, a Delaware limited liability company ( "Grantor "), to the City of Auburn, a
Washington municipal corporation ( "Grantee ").
RECITALS
This Easement is entered into by Grantor and Grantee on the basis of the following recitals:
A. Grantor is the sole owner in fee simple of the real property consisting of
approximately 19 0 acres of land located in King County, Washington ( "Whole Property") legally
described in Exhibit A, attached to and made a part of this Easement. Grantor desires to convey
and Grantee desires to purchase an easement for stream relocation and enhancement and wetland
restoration and enhancement and for conservation over, under and across a portion of the Whole
Property consisting of approximately 1 9 acres of land ( "Protected Property "), which is legally
described in Exhibit B attached hereto and made a part of this Easement, A map of the Protected
Property is attached, and made a part of this Easement, as Exhibit C.
B Subject to permit approval by regulatory agencies, Grantee intends to perform or
authorize the Arny Corps of Engineers or its contractor to perform certain restoration work
(collectively, the "Construction Activities ") as part of the Green- Duwanish Ecosystem
Restoration Project authorized by Congress under Section 101(b)(26) of the Water Resources
Development Act of 2000, Public Law 106 -51, and in accordance with the terns and conditions
of the Project Partnership Agreement Between the Department of the Anny and the City of Auburn
for Construction of the Duwamish/Ntill Creek Wetland 5K Reach Ecosystem Restoration Project
as authorized by Resolution No 4959 of the City Council of the City of Auburn, Washington,
including but not limited to survey, site preparation, stream relocation, removal of invasive non-
native vegetation, planting of native riparian vegetation, streambank stabilization, installation of
large woody debris and other activities associated with stream relocation and stream and wetland
restoration and enhancement.
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NOW THEREFORE, in consideration of mutual benefits and other valuable consideration,
the receipt and adequacy of which is hereby acknowledged, Grantor and Grantee agree as follows:
- - — - - 1. Grant of Easement.
Grantor voluntarily conveys and warrants to Grantee, and Grantee accepts.
(a) A perpetual and assignable right and easement in, on, over and across the lands of
the Grantors described in Exhibit B attached hereto to construct, operate, maintain,
repair, alter, rehabilitate, remove, replace and monitor features of the Green -
Duwamish Ecosystem Restoration Project including; vegetative plantings;
modifications and improvements within and adjacent to the stream or shore for
grade control, or bank stabilization purposes: fish and wildlife habitat or other
ecosystem restoration improvements; placement of materials or structures in the
bed, banks, or shorelines that influence stream velocity or channel form, removal
or placement of gravels, cobbles, and boulders, and other structures or conveyances
to recharge or maintain flow to existing wetlands, together with the right to remove
structures or obstructions including levees; reserving, however, to the owners, their
heirs and assigns, all other rights and privileges that may be used without interfering
with or abridging the enumerated rights and easement hereby conveyed and
acquired; all subject to existing easements for public roads and highways, public
utilities, railroads and pipelines.
(b) A perpetual and assignable easement prohibiting any disturbance of the Protected
Property on the terns and conditions set forth herein.
2. Purpose.
It is the purpose of this Easement to ensure that the Protected Property can be restored to an
ecologically based natural and native condition consistent with the natural values of the area and
be retained forever predominantly in such a natural and native state and to prevent any use of the
Property that will impair or interfere with such a natural and native state. This Easement shall not
be construed as affording to the general public physical access to any portion of the property
3. Rights of Grantee.
To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this
Easement:
(a) To conduct activities authorized by the grant in Section la. of this Easement.
Nothing herein, however, shall be deemed to imply any obligation to perform such
activities.
OHSUSA.758419800.2 2
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(b) To enter upon the Whole Property In order to have unimpeded access to, in and
through the Protected Property for the purposes of exercising or monitoring the
rights granted in this Easement provided that such entry shall be upon prior
reasonable notice to Grantor, and- Grantee shall not in any case unreasonably
interfere with Grantor's quiet use and enjoyment of the Protected Property, except
in cases where Grantee determines that immediate entry is required to prevent,
terminate, or mitigate a violation of this Easement.
(c) To authorize the United States of America, acting through the Department of the
Army Corps of Engineers, Its representatives, agents and contractors to make full
use of the Easement to the same extent as Grantee.
(d) To allow persons or groups, including Grantee, to enter upon the Protected Property
for scientific and educational proposes at mutually agreeable dates and times and
upon not less than 10 days prior notice to grantor, and to allow passive recreational
use and activities, provided that such passive recreational use and activities do not
interfere with the activities of Grantor or its assignees. Grantee may create a
pathway for passive recreational use provided that Grantee minimizes impacts to
natural and restored features of the Protected Property and obtains Grantor's prior
approval, and
(e) To prevent any activity on or use of the Protected Property that is inconsistent with
the purpose of this Easement and to require the restoration of such areas or features
of the Protected Property that may be damaged by any inconsistent activity or use.
d. Prohibited Uses and Activities.
After the Construction Activities have commenced, Grantor shall be prohibited, except as
authorized in Section 5 of this Easement, from in any way disturbing, altering, developing, using
or otherwise impacting the Protected Property and the natural or restored features therein.
5. Reserved Rights.
Grantor reserves to itself the right to undertake the following uses and activities within the
Protected Property,
(a) Emeroencics. The right to undertake other activities necessary to protect public
health or safety, or which are actively required by and subject to compulsion of any
governmental agency with authority to require such activity
(b) Recreational Use The right to allow passive recreational use and activities,
provided that such passive recreational use and activities do not interfere with the
activities of Grantee or its assignees authorized by Sections 1 and 3 of this
Easement. Grantor may, consistent with this Section 5(b), create a pathway for
passive recreational use provided that Grantor minimizes impacts to natural and
restored features of the Protected Property and obtains Grantee's prior approval.
OHSUSA 759419300 2 3
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6. Stream Relocation, Wetland and Stream Restoration crud Enhancement.
Nothing in this Easement, including the preceding Sections 4 and 5, shall be interpreted or applied
to interfere with the right of Grantee or its assignees to conduct the activities authorized-by Sections
1 and 3 of this Easement.
Z Indemnification; Insurance.
(a) Indemnification. Grantee shall indemnify, defend (with counsel reasonably
acceptable to Grantor), and hold harmless Grantor and Grantor's affiliates and their
respective directors, employees, servants, members, and agents, and all successors,
assigns and representatives of such parties and against any and all loss of or damage
to property, or injuries to, or death of any Person or Persons, and from any and all
claims, costs, damages, suits, causes of action, and judgments in any way resulting
from, or arising out of, directly or indirectly, Grantee's use or occupancy of the
Protected Property or the Whole Property (whether permissive or prohibited),
unless caused by the gross negligence or willful misconduct of Grantor
(b) [CAI]Insurance. Grantee shall at all times carry commercial liability insurance with
coverage limits of not less than Two Million Dollars ($2,000,000) combined single
limit bodily injury, personal injury, death and property damage liability per
occurrence, insuring against any and all liability of the insured with respect to the
Protected Property or arising out of the management, operation, maintenance, use
or occupancy of the Protected Property or related to the exercise of any person on
the Protected Property All such commercial liability insurance shall include
personal injury blanket contractual, cross liability and severability of interest
clauses, products /completed operations, broad form property damage, independent
contractors, owned, non -owned and hired vehicles, and liquor liability to the extent
alcoholic beverages arc served, sold, consumed or obtained on any portion of the
Protected Area. The foregoing insurance may be carried under (a) an individual
policy covering the particular location, (b) a blanket policy which includes other
liabilities, properties and locations of such party, or (c) a combination of any of the
foregoing insurance programs.
8. Alternate Dispute Resolution.
if a dispute arises between Grantor and Grantee concerning this Easement, they shall attempt to
resolve the dispute through informal discussion. The parties may also agree to refer the dispute to
mediation. Upon such agreement, the parties shall select a single mediator to hear the matter
9. Assignment of Easement; tVotice of Transfer of Protected Property by Grantor and
Successor and Assigns.
(a) Assignment Gener-alh Pcrmitted Assignment Grantee shall not assign or convey
its right, title and interest in and to this Easement without Grantor's prior written
consent, which consent may be withheld in Landlord's sole discretion.
Notwithstanding the preceding prohibition, Grantee may assign its right, title and
OHSUSA 758419800 2 4
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interest in and to this Easement, to any governmental, quasi- govenunental, or
municipal entity
_ (b) jUotice ofTi-arisfer ofProtecte(l Properth, Anytime the Protected Property itself, or
any interest in it is transferred by Grantor to a third party, Grantor, its successors
and assigns, shall notify Grantee in writing, and the document of conveyance shall
expressly refer to this Easement.
10. Modification.
This Easement may only be modified by agreement of the parties hereto All modifications shall
be in writing, signed by both parties and recorded in the real property records of King County
11, Inteinretation.
This Easement shall be interpreted under the laws of Washington, resolving any ambiguities and
questions of the validity of specific provisions so as to give maximum effect to its restoration
purposes.
12. Peipetual Duration.
The Easement created by this Easement shall be a servitude running with the land in perpetuity
Every provision of this Easement that applies to Grantor or Grantee shall also apply to their
respective agents, heirs, executors, administrators, assigns, and all other successors as their
interests may appear
13. Notices.
Any notices required by this Easement shall be in writing and shall be personally delivered or sent
by first class mail to Grantor and Grantee respectively at the following addresses, unless a party
has been notified in writing by the other of a change of address.
To Grantor
SCG White River Corporate Park, LLC
c/o Stockbridge Capital Group
4 Embarcadero Canter, Suite 3' 00
San Francisco, California 94111
To Grantee:
City of Auburn
25 West Main Street
Auburn, Washington, 98001 -4998
14. Severabilio.
If any provision of this Easement is found to be invalid, illegal or unenforceable, that finding shall
not affect the validity, legality or enforceability of the remaining provisions.
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15. Acceptance.
As set forth in Section 1, Grantee hereby accepts this Grant of Easement.
[Remainder ofpage intentionally left blank; signature pages 1ollows.]
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IN WITNESS WHEREON, Grantor and Grantee, intending to legally bind themselves,
have set their hands on the date first written above.
Grantor'
SCG White River Corporate Park, LLC
a Delaware limited liability comma
By'
Its: J\cC-- �es.ale.?r
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
On ;J-U A S , 2014, before me, � 101 %i • �iNotary Public,
personally appeared V jvttMeA4,7)7e4-A4 , who proved to me on the basis of
satisfactory evidence to be the person whose nan i re subscribed toe within instrument
and acknowledged to me at i -tc!they executed the same in QIL-/her /their authorized
capacity(i , and that by Ti rer /their signature(ajIon the instrument the persopksl, or the entity
upon behalf of which the person(ctcd, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
KAREN A. KNUTH
"T Commission # 1992547
i�l =m Notary Public • California i
1e+ San Francisco County
M Camm. Ex Tres
Sep 29. 2016
(Seal)
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Signature of the Notary Public
Grantee.
City of Auburn,
a Washington Municipal Corporation.
By
Nancy I I us, Mayor
STATE OF WASHINGTON
COUNTY OF KING
On this V,,, day of ;Z�,, ,, , 2014, before me personally appeared Nancy
Backus, to me known to be the Mayor of the City of Auburn that executed the within and foregoing
instrument. and acknowledged said instrument to be the free and voluntary act and deed of the
City, for the uses and purposes therein mentioned, and on oath stated that she was authorized to
execute said instrument.
WITNESS my hand and official seal hereto affixed the clay and year in this certificate above
written.
Notary- Public in and for the
State of Washington, residing at
City and State
My appointment expires c
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K. CAM
rQ- a�xaOt nRyA'p'�, <<
I
EXHIBIT A
LEGAL DESCRIPTION OF WHOLE PROPERTY
That portion of Lots 1 and 4, City of Auburn Short Plat Number SP -3 -86, recorded under
Recording Number 8606050397, in King County Washington, described as follows.
That portion of the Northwest quarter of the Northwest quarter of Section 12, Township 21 North,
Range 4 East. Willamette Meridian, in King County, Washington, described as follows.
Commencing at the Northwest coiner of said Northwest quarter;
Thence South 86 °21'31" East along the North line of said Northwest quarter 562.39 feet to the
true point of beginning;
Thence South 03 °38'29" West 421 00 feet;
Thence North 86 °21'31" West 508.35 feet to the East line of the West 36 00 feet of said Northwest
quarter,
Thence South 01 011'27" West along said East line 60 06 feet;
Thence South 86 °21'31" East 500.46 feet to the East line of the West 53600 feet of said
Northwest quarter;
Thence South 01 °11'27" West along said East line of the West 536.00 feet a distance of 779.26
feet to the North line of the South 60 00 feet of said Northwest quarter of the Northwest quarter;
Thence North 86 °23'05" West parallel with the South line of said Northwest quarter of the
Northwest quarter 500 45 feet to the East line of the West 36.00 feet of said Northwest quarter,
Thence South 01'11'27" West along said East line of the West 36 00 feet a distance of 60.06 feet
to the South line of said Northwest quarter of the Northwest quarter,
Thence South 86 123'05" East along said South line 851 91 feet to a point 180.03 West, as
measured along the South line of said Northwest quarter of the Northwest quarter, of the West
margin of SR 167 as condemned in King County Superior Court Cause Number 718903,
Thence North 04 °42'02" East parallel with the said West margin 145 00 feet,
Thence North 47 °28'43" East 88.64 feet;
Thence North 01 °21'43" East 1,111.35 feet to the North line of said Northwest quarter;
Thence North 86 °21'31" West 401.90 feet to the true point of beginning;
OHSUSA 758419800.2 9
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(Also known as Lot 4, City of Auburn Lot Line Adjustment Number 16 -56, recorded under
Recording Number 5611131947 )
Situate in the County of King, State of Washington.
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EXHIBIT B
LEGAL DESCRIPTION OF PROTECTED PROPERTY
A PORTION OF LOT 4 OF CITY OF AUBURN SHORT PLAT SP -3 -86, AS RECORDED
UNDER RECORDING NUMBER 8606050397 RECORDS OF KING COUNTY,
WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4;
THENCE ALONG THE EAST LINE THEREOF NORTH 04 °41'10" EAST 145.00 FEET,
THENCE CONTINUING ALONG SAID EAST LINE NORTH 47 °28'03" EAST 88.64 FEET,
THENCE CONTINUING ALONG SAID EAST LINE NORTH 01 021'03" EAST 167.22 FEET,
THENCE LEAVING SAID EAST LINE NORTH 88 °38'57" WEST 189.32 FEET,
THENCE SOUTH 26 °59'09° WEST 185.39 FEET,
THENCE SOUTH 63 033'17" EAST 33.37 FEET,
THENCE SOUTH 32 °08'26° WEST 68.67 FEET,
THENCE SOUTH 29 °34'32" WEST 139.14 FEET TO THE SOUTH LINE OF SAID LOT 4;
THENCE ALONG SAID SOUTH LINE SOUTH 86 023'45" EAST 268.15 FEET TO THE
POINT OF BEGINNING.
CONTAINING 85,137 SQUARE FEET OR 1.95 ACRES, MORE OR LESS
SITUATE IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH,
RANGE 04 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF AUBURN, COUNTY
OF KING, STATE OF WASHINGTON.
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EXHIBIT C
MAP /DEPICTION OF PROTECTED PROPERTY
NW CDR SEC 12 N86 38' 57W
WM FO N R 4
WM FOUND BRASS
SURFACE MON.
LOT 4
m
z/
LOT 4 CITY OF AUBURN /
SHORT PLAT SP -3 -86 /
AFN 8606050397
}
s
w
/I
7�
Parametrix
SCALE IN FEET
0 30 60
LOT 4
I
18932 �
ei
a�
TRACT 'B'
SP -3 -86
SE CDR LOI 4 z
P.O.B.
45 °E 26815
LOT 4 CITY OF AUBURN \
SHORT PLAT SP -2 -86
AFN 8606050396 I
i
;N. LINE Of S W 1\
V\ OF N.W 1/4 SEC 12,
TWP 21 N, R 4 E
W.M.
5v �� EXHIBIT C
JA FILE: PU7301001POITOIV -BA
DATE. Jul 15, 2014
OIiSUS � 758419800 2 12
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ti/ . LOT 4
5
INGRESS, EGRESS
EJAND60'
UTILITY ESlA'T
PER SP -3 -86
—'X_'
1/16
TRACT S�86 3
COR
FOUND
BRASS
SURFACE
Parametrix
SCALE IN FEET
0 30 60
LOT 4
I
18932 �
ei
a�
TRACT 'B'
SP -3 -86
SE CDR LOI 4 z
P.O.B.
45 °E 26815
LOT 4 CITY OF AUBURN \
SHORT PLAT SP -2 -86
AFN 8606050396 I
i
;N. LINE Of S W 1\
V\ OF N.W 1/4 SEC 12,
TWP 21 N, R 4 E
W.M.
5v �� EXHIBIT C
JA FILE: PU7301001POITOIV -BA
DATE. Jul 15, 2014
OIiSUS � 758419800 2 12
9999 -13901