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Home My WebLink About20240927000627, Conservation Easement Agreement, Emerald LogisticsInstrument Number: 20240927000627 Document:EAS Rec: S311.50 Page-1 of 9 Record Date:9/27/2024 2:55 PM Electronically Recorded King County, WA Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. CONSERVATION EASEMENT AGREEMENT wetland butter, and stream butler areas Reference # (if applicable): N/A Grantor/Borrower: CRP/VDC EMERALD LOGISTICS OWNER, L.L.C. Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Pcl Z, Tracts A-D, AuburnBLA No. BLA22-001 Assessor's Tax Parcel ID#: 352204-9015, 352204-9042, 352204-9023,352204-9056, 352204-9043 THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this / 4711"k day of September, 2024, by and between CRP/VDC EMERALD LOGISTICS OWNER, L.L.C., a Delaware limited liability company, hereinafter referred to as "GRANTOR", and the CITY OF AUBURN, a municipal corporation organized under Title 35A RCW, hereinafter referred to as the "CITY" and/or "GRANTEE". WHEREAS, the GRANTOR is owner in fee simple of certain real property located in the City of Auburn, King County, Washington, legally described on Exhibit `A' attached hereto and incorporated herein by reference (the "Subject Property"), which contains the property subject to this Agreement as described below; WHEREAS, the GRANTOR or the representative of GRANTOR executing this Agreement has the authority to burden the Subject Property for the purpose of granting the CITY a perpetual non-exclusive wetland conservation easement (the "Conservation Easement") with respect to certain wetland, stream, wetland buffer, and stream buffer areas legally described on Exhibit `B' attached hereto and incorporated herein by reference (the "Critical Areas Property"), which property is intended to be subject to this Agreement and burdened in perpetuity by this Agreement, located on the Subj ect Property, and as depicted on Exhibit `C' attached hereto; WHEREAS, it is mutually agreed that this Agreement be entered into to preserve the quality of wetlands and streams for the benefit of public health, safety, and welfare; Conservation Easement Agreement Page 1 of 8 Instrument Number: 20240927000627 Document:EAS Rec: S311.50 Page-2 of 9 Record Date:9/27/2024 2:55 PM King County, WA WHEREAS, it is mutually agreed that preservation of the quality of wetland and stream areas are essential to maintaining a quality environment, maintaining quality water resources, and the preservation of wildlife, and that preservation of the quality of wetlands are in conformity with the CITY'S Comprehensive Plan; WHEREAS, GRANTOR has received consideration for granting this Conservation Easement, which consideration has a long-term benefit to the GRANTOR and the GRANTOR'S Subject Property; and WHEREAS, GRANTOR acknowledged the important environmental value of the Conservation Easement and agrees not to undertake any activity which will in any way be inconsistent with the preservation of the wetland, stream, wetland buffer, and stream buffer areas or the quality of the wetlands, streams, wetland buffers, and stream buffers on the Subject Property; NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties hereby agree as follows: 1. AUTHORITY TO BURDEN SUBJECT PROPERTY. GRANTOR is the owner in fee simple of the Subject Property referred to above and has full power and authority to burden the Subject Property in perpetuity with this Conservation Easement. 2. GRANT OF EASEMENT IN PERPETUITY. GRANTOR hereby grants the non-exclusive Conservation Easement set forth herein to the CITY in perpetuity and covenants that the Conservation Easement shall run with the land included in the Subject Property legally described in Exhibit `A' attached hereto. The Conservation Easement shall burden the Subject Property and benefit the CITY and public. 3. SUCCESSORS, AND ASSIGNS. The Conservation Easement shall be binding on the successors and assigns of the parties. 4. SCOPE OF EASEMENT. The Conservation Easement granted hereunder shall allow CITY to enter upon the Subject Property for the purposes of monitoring, maintaining, preserving, and enhancing the Critical Areas Property legally described on Exhibit `B' attached hereto. GRANTOR covenants not to in any way impair or interfere with the function and use of the Critical Areas Property, and. GRANTOR further covenants to take reasonable and necessary steps to restrict access to the Critical Areas Property and prohibit construction of any structures or artificial surfaces or alteration of any vegetation within the Critical Areas Property. The GRANTOR shall notify employees, guests, and/or property visitors of any restrictions to access or use of the Critical Areas Property as needed to achieve the purpose, scope, and/or intent of this Agreement. The GRANTOR shall notify tenants of the Subject Property, both current and prospective, of this Agreement. The CITY shall be permitted to enter onto the Subject Property at all reasonable times to monitor and maintain the Critical Areas Property or wetland and stream functions such as recharge, conveyance or storage of stormwater. The CITY shall not unreasonably interfere with the ownership, possession, use, or enjoyment by GRANTOR or GRANTOR'S tenants of the Subject Property when entering the Subject Property to perform the permitted functions described herein. 5. PROHIBITED USES OF CRITICAL AREAS PROPERTY. GRANTOR shall not undertake, nor cause to be undertaken any activity or use of the Critical Areas Property which is inconsistent Conservation Easement Agreement Page 2 of 8 Instrument Number: 20240927000627 Document:EAS Rec: S311.50 Page-3 of 9 Record Date:9/27/2024 2:55 PM King County, WA with the purpose, scope, or intent of this Agreement, nor inconsistent with wetland and stream functions such as: recharge, conveyance, or storage of stormwater; mitigation measures required; and vegetative enhancement or protection. 6. RESERVED RIGHTS. The GRANTOR reserves to itself all rights, title, interest, and obligations incident to ownership of the Subject Property and Critical Areas Property except those rights and interests expressly conveyed to the CITY hereunder and those obligations expressly undertaken by the CITY hereunder. 7. ENFORCEMENT. In the event the CITY determines that GRANTOR is in violation of the terms of this AGREEMENT, and an enforcement action is initiated, the prevailing party in such action shall be entitled to recover reasonable attorney's fees and costs incurred in prosecuting or defending against such enforcement action, in addition to any other remedy or relief obtained. The CITY, at its option, may take action to preserve and protect the Critical Areas Property or its wetland and stream functions, after first giving GRANTOR written notice and after GRANTOR'S failure to cure within a reasonable time which reasonable time shall not exceed 30 days after notice unless the parties agree otherwise, to protect the wetlands and streams, and, in such case, the reasonable expenses incurred by the CITY shall be recoverable from GRANTOR if GRANTOR is found to be in violation of this Agreement. 8. NON -WAIVER OF BREACH. No omission or failure by the CITY to exercise or enforce any of its rights under this Agreement or to enforce any breach hereof, nor any forbearance granted by the CITY, shall be deemed or construed as a waiver by the CITY of such rights or a discharge of liability for any breach by GRANTOR of the terms hereof. Nor shall any delay by the CITY in the exercise or enforcement of its rights and remedies limit or impair such right or remedy, or be construed as a waiver of the CITY' S right to pursue its remedies. 9. COSTS AND LIABILITIES. Except as provided in Paragraph 4 of this Agreement above, GRANTOR retains all responsibilities and will bear all costs and liabilities of any kind related to or incidental to the ownership of the Critical Areas Property and agrees to pay all assessments and taxation (if any) against said Critical Areas Property assessed by any governmental authority as they become due. 10. HOLD HARMLESS AND INDEMNIFICATION. GRANTOR agrees to hold harmless, indemnify and defend the CITY, its officials, members, employees, and agents from all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, reasonable attorney's fees, arising from or in any way connected with any claim or cause of action related to the Critical Areas Property to the fullest extent permitted by law (except to the extent caused by gross negligence or willful misconduct of the City of Auburn, or its officials, members, employees, or agents). Furthermore, GRANTOR agrees to indemnify, hold harmless and defend the CITY from and against any liabilities, penalties, costs, losses, damages, expenses, causes of action, claims demands or judgments, including, reasonable attorney's fees, arising from or relating to any third- p a r t y claim which challenges GRANTOR'S right to execute and deliver this Agreement. 11. RECORDATION. GRANTOR shall record this Agreement immediately in the Office of the King County Department of Records and Elections. This Agreement shall be binding upon any party that takes title to, or possession of, the Subject Property or any portion thereof, whether through deed, lease, or otherwise. Conservation Easement Agreement Page 3 of 8 Instrument Number: 20240927000627 Document:EAS Rec: S311.50 Page-4 of 9 Record Date:9/27/2024 2:55 PM King County, WA 12. CONSTRUCTION. This Agreement shall be liberally construed to effect the purpose and intent hereof. This Agreement may be executed in one or more counterparts, all of which shall constitute one agreement. 13. SEVERABILITY. If any provision of this Agreement is ruled invalid or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions hereof shall remain in force and effect. Conservation Easement Agreement Page 4 of 8 Instrument Number: 20240927000627 Document:EAS Rec: S311.50 Page-5 of 9 Record Date:9/27/2024 2:55 PM King County, WA IN WITNESS WHERE -OF, the parties have executed this Agreement, effective as of the date must written above. GRANTEE: CRP/VDC EMERALD LOGISTICS OWNER, L.L.C. CITY OF AUBURN, a municipal corporation AS TO LEGAL F .Jason M. Whalen City Attorney STATE OF WASHINGT'ON ) ss COUNTY OF KING I certify that I know or have satisfactory evidence that l R , e is the person who appeared before me, and said person(s) acknowledged that lie/she/they su,ned this instrument and on oath stated that he/site/they was/were authorized to execute the instrument as the Authorized Signatory of CRP/VDC EMERALD LOGISTICS OWNER, L.L.C., a limited liability company, and acknowledged it to be that party's free and voluntary act for the uses and purposes nentioned in the instrument, MAXWELL CORDELL Notary Public State of Washington License Number 22030497 My Commission Expires Se tem er 07, 2026 Conservation Easement Agreement Page 5 of 8 lValmell Notary Public in and for the State of Washington residing at: ��Ic My appointment expires: Instrument Number: 20240927000627 Document:EAS Rec: 5311.50 Page-6 of 9 Record Date:9/27/2024 2:55 PM King County, WA 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 signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of THE CITY OF AUBURN to be the free and Voluntary act of such party for the uses and purposes mentioned nent Notary Public in and for the State of Washington rzE' residing at: !R V hArn., W A emdumw%W*xow My appointment expires: 0i- m - MM Conservation Easement Agreement Page 6 of 8 Instrument Number: 20240927000627 Document:EAS Rec: S311.50 Page-7 of 9 Record Date:9/27/2024 2:55 PM King County, WA EXHIBIT "A" LEGAL DESCRIPTION PARCEL DESCRIPTION The real property located in King County, Washington, and more particularly described as follows: PARCEL Z AND TRACTS A, ADJUSTMENT NO. BLA22-0011, KING COUNTY, WASHINGTON. Conservation Easement Agreement Page 6 of 8 B, C AND D OF CITY OF AUBURN BOUNDARY LINE RECORDED UNDER RECORDING NO. 20240322900001, IN Instrument Number: 20240927000627 Document:EAS Rec: S311.50 Page-8 of 9 Record Date:9/27/2024 2:55 PM King County, WA EXHIBIT `B" LEGAL DESCRIPTION CRITICAL AREAS PROPERTY (THE CONSERVATIONEASEMENT) The real property located in King County, Washington, and more particularly described as follows: TRACTS C AND D OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. BLA22-0011, RECORDED UNDER RECORDING NO.20240322900001, IN KING COUNTY, WASHINGTON. Conservation Easement Agreement Page 7 of 8 Instrument Number: 20240927000627 Document:EAS Rec: S311.50 Page-9 of 9 Record Date:9/27/2024 2:55 PM King County, WA EXHIBIT C DEPICTION OF CRITICAL AREAS PROPERTY (THE CONSERVATION EASEMENT AREA) EXHIBIT Tv I APN 5$2204—g040 APN 052204-2014 LUCID BOSCOLO LIMO 9MCOLD CITY GP AUBURN $(){ iNCS Y FtY LINE E p I AGJII.$TMEIVT ' TRACT C NG DU n-0011 Np rtnrcGr iWnGT;, zsa,naet•�F IMF : NO, 0240.22900001 PARCEL Z f/�+ I 3d9,31 b2:�F TRACT A APN. 3.3PP�e1-9i�'l.5 APN �9,.IMSO 9p2P HLlHw17 CG'r N 67IC RACT 0 iRA! F �U. W , IIHE OF ME EPOT d N_02;' OF lFE wJ4., OU,N, SEE:, 35, TWp UN, Rix;. 4E P4, AFN. 9K2'2l74�Hp@;ry 12 i � GRAPHIC SCALE Ir BSI f. L 00 DATEdED �} / ,ram/2024 C 700 200 400 I' = 200 F-EET 4 SCALE': For: �^+ �y JOB NUMBER HORIZONTAL 1"=20V VERTICAL N/AL.rRP/VD 5587 . LANKTREE EMERALD LOGISTICS 5587LOO6,DoC LAND SURVEYING, INC. 2,5510 74TH AVENUE SOUTH Title: S'HEEF KENT, WA 98032. EASEMENT PHONE:: (255) 6536+423 FAX, K a9.3 9 16 V&M1W1dfLANLANK. AREA of 1 ItTREELA.NgSUP."VEYING.004A O777777 777 77777 CHECKED ARNROVED DATE Conservation Easement Agreement Page 8 of 8