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HomeMy WebLinkAbout20051222001461 CONSERVATION EASEMENT 022205~ • 3to • x-~ ~ U~' C2r%~ A r~ Return Address: City of Auburn Planning Department 25 W Main Auburn,tWA 98001 20051222001461 BARGHAUSEN EAS 41.00 PAGE001 OF 010 KINGZCOUNTY, UAl Document Title(s): Assessor's Property Tax Parcel/Account Number: Conservation Easement (South End) 362204-9020 Reference Number(s) of Documents assigned or released if applicable: Additional reference numbers are on page of document. Grantor(s) (Last name first, then first name and initials): 1. LIT Industrial Limited Partnership 2. 3. Grantee(s) (Last name first, then first name and initials): 1. City of Auburn 2. 3. Legal Description (abbreviated: i.e., lot, block, plat or section, township, range): Additional legal is on pages 7 and 8 of document. That portion of Parcel 1, City of Auburn Lot Line Adjustment No. LLA-03-0009, recorded under Recording No. 20030805000224, Records of King County, Washington The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. 11742.008.doc CONSERVATION EASEMENT AGREEMENT (for wetland and wetland buffer areas) (South End) THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this fourth of October, 2005, by and between LIT INDUSTRIAL LIMITED PARTNERSHIP, 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, which property is intended to be subject to this Agreement and burdened in perpetuity by this Agreement (the "Subject Property"); 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 and wetland buffer areas legally described on Exhibit "B" attached hereto and incorporated herein by reference (the "Wetland Property") located on the Subject Property; WHEREAS, it is mutually agreed that this Agreement be entered into to preserve the quality of' wetlands for the benefit of public health, safety, and welfare; WHEREAS, it is mutually agreed that preservation of the quality of wetlands is essential to maintaining a quality environment, maintaining quality water resources, and the preservation of wildlife, and that preservation of the quality of wetlands is 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 or wetland buffer areas or the quality of the wetlands on the Subject Property; Page I of 6 11742.006 [DKB/bd] 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 Easements set forth herein to the CITY in perpetuity (except as outlined in Paragraph 2a below) and covenants that the Conservation Easements shall run with the land included in the Subject Property legally described in Exhibit "A" attached hereto. The Conservation Easements shall burden the Subject Property and benefit the CITY and public. 2a. Relinquishment or modification to the Conservation Easement area or opportunities for construction within the easement area shall only be made upon the submittal of appropriate environmental studies for approval by the City and other required agencies. 3. HEIRS, SUCCESSORS, AND ASSIGNS. The Conservation Easements shall be binding on the officers, directors, shareholders, members, partners, employees, agents, personal representatives, heirs, successors, and assigns of the parties. 4. SCOPE OF EASEMENT. The Conservation Easements granted hereunder shall allow CITY to enter upon the Subject Property for the purposes of monitoring, maintaining, preserving, and enhancing the Wetland 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 Wetland Property, and GRANTOR further covenants to take reasonable and necessary steps to restrict access to the Wetland Property and prohibit construction of any structures or artificial surfaces or alteration of any vegetation within the Wetland Property. No activity of any kind may take place within the Wetland Property without the prior approval by the City of Auburn Director of Planning and Community Development. The CITY shall be permitted to enter onto the Subject Property at all reasonable times to monitor and maintain the Wetland Property or wetland 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 WETLAND PROPERTY. GRANTOR shall not undertake, nor cause to be undertaken any activity or use of the Wetland Property which is inconsistent with the purpose, scope, or intent of this Agreement, nor inconsistent with wetland Page 2 of 6 11742.006 (DKB/bdj 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 Wetland 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 Wetland Property or its wetland function, after first giving GRANTOR written notice, to protect the wetland, 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 Wetland Property and agrees to pay all assessments and taxation (if any) against said Wetland Property assessed by any governmental authority as they become due. 10. HOLD HARMLESS AND INDEMNIFICATION. GRANTOR shall defend, indemnify and hold the CITY harmless against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including attorney's fees, arising from any negligent or wrongful act or omission of GRANTOR or GRANTOR'S officers, licensees, agents, servants, employs, guests, invitees or visitors on or around the Subject Property as a result of any act, omission or negligence of' GRANTOR or GRANTOR'S officers, licensees, agents, servants, employs, guests, invitees or visitors arising out of this Conservation Easement Agreement. GRANTOR shall use legal counsel reasonably acceptable to the CITY in defense of any action within GRANTOR'S defense obligation. The CITY shall defend indemnify and hold GRANTOR against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including attorney's fees, arising from any negligent or wrongful act or Page 3 of 6 11742.006 [DKBlbd] omission of the CITY or the CITY'S officers, licensees, agents, servants, employs, guests, invitees or visitors on or around the Subject Property as a result of any act, omission or negligence of the CITY or the CITY'S officer, licensees, agents, servants, employs, guests, invitees or visitors arising out of this Conservation Easement Agreement. The CITY shall use legal counsel reasonably acceptable to GRANTOR in defense of any action within the CITY'S defense obligation. 11. RECORDATION. GRANTOR agrees to incorporate the terms of this Agreement in any deed, lease (other than residential apartment leases entered into in the ordinary course of GRANTOR'S business) or other agreement which divests GRANTOR of any interest in any portion of the Subject Property. GRANTOR shall record this Agreement immediately in the Office of the King County Department of Records and Elections. 12. CONSTRUCTION. This Agreement shall be liberally construed to effect the purpose and intent hereof. 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. Page 4 of 6 11742.006 IDKB/bd] IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first written above. GRANTEE: CITY OF TUBL la. nicipal rporation By: Name: f e e. V' Title: ~May0 y- GRANTOR: LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership By: LIT Holdings GP, LLC, A Delaware limited liability company, its general partner By: Lion Industrial Properties, L.P., a Delaware limited partnership, its sole member By: LIT GP Sub, LLC, a Delaware limited liability company, its general partner By: Lion Industrial Trust, a Maryland real estate investment trust, its sole Page 5 of 6 11742.006 [DKB/bd] Title.\ftU -R-es I C(<(4" STATE O ss. COUNTY tF,~~w ) ON THI$&_ day of , 201u , before me, personally appeared to me known to be the of GRANTOR, described in and who executed the within and foregoing instrument, and who acknowledged that they signed the same as their free and voluntary act and deed for them uses and purposes therein mentioned, and who mentioned, and on oath stated that they were authorized on behalf of GRANTOR, to execute said instrument. ~ z y ' Q. TOTE qF N tary Public in and for the State of RI i d i ng at ljl,~,V-11/ F My appointment Expires Page 6 of 6 11742.006 [DKB[bdl A EST: D le Daskam, City Clerk EXHIBIT 'A' LEGAL DESCRIPTION NEW PARCEL 1 That portion of Parcel 2, City of Auburn Lot Line Adjustment No. LLA 02-0010, recorded under Recording No. 20020408002036, and of Lot 2, City of Auburn Short Plat No. SPL00-0009, recorded under Recording No. 20020307001214, being a portion of Lot 3, City of Auburn Lot Line Adjustment No. LLA 0014-095, as recorded under Recording No. 9607110147, Records of King County, Washington, more particularly described as follows: COMMENCING at the Northeast corner of said Lot 3; THENCE South 01° 14' 17" West along the East line thereof, a distance of 90.00 feet to the POINT OF BEGINNING; THENCE CONTINUING South 01° 14' 17" West along the East line thereof, a distance of 809.63 feet; THENCE North 89° 15'49" West, 287.01 feet; THENCE South 01 ° 14' 17" West, 380.01 feet to the North margin of South 285th Street; THENCE North 89° 15'49" West, 48.69 feet along the said North margin; THENCE North 00° 34' 11" East, 257.09 feet; THENCE North 89° 15' 49" West, 713.16 feet to the East margin of the frontage road of SR-167; THENCE along said East margin the following three courses; THENCE North 08° 09' 33" West, 199.97 feet; THENCE North 18° 52' 16" West, 202.48 feet, THENCE North 01 ° 21' 13" East, 554.27 feet; THENCE South 88° 45'53" East, 1,152.97 feet to the POINT OF BEGINNING. Project Name: Sequence Farms June 3, 2003 DJS/jss 4729L.024.doc EXHIBIT 'B' LEGAL DESCRIPTION SOUTH CONSERVATION EASEMENT That portion of Lot 1, City of Auburn Lot Line Adjustment No. LLA-03-0009, as recorded under Recording No. 20030805000224, Records of King County, Washington, described as follows: BEGINNING at the most Southerly Southeast corner of said Lot 1, said corner being on the Northerly margin of South 285th Street; THENCE North 89° 15' 49" West, 48.69 feet along said margin to the most Southerly Southwest corner of said Lot 1; THENCE North 00° 34' 11" East, 257.09 feet along the boundary of said Lot 1 to an angle point; THENCE North 89° 15' 49" West, 713.16 feet along said Southerly boundary to the most Westerly Southwest corner of said Lot 1; THENCE North 08° 09' 33" West, 186.71 feet along the West line of said Lot 1; THENCE North 63° 25'27" East, 40.65 feet; THENCE North 64° 38' 54" East, 61.97 feet to a point of tangency; THENCE Northeasterly along the arc of a curve to the right, having a radius of 25.00 feet, through a central angle of 26° 05' 18", and an arc length of 11.38 feet; THENCE South 89° 15'49" East, 122.83 feet; THENCE South 81 ° 59'26" West, 10.35 feet; THENCE South 63° 54'24" West, 10.35 feet; THENCE South 45° 49'23" West, 10.35 feet; THENCE South 27° 44'22" West, 10.35 feet; THENCE South 09° 39'20" West, 10.35 feet; THENCE South 00° 44' 11" West, 24.00 feet to a point of tangency; THENCE Southeasterly along the arc of a curve to the left, having a radius of 33.10 feet, through a central angle of 90° 00' 00", and an arc length of 51.99 feet; THENCE South 89° 15'49" East, 317.24 feet; THENCE South 39° 26'45" West, 67.69 feet to a point of tangency; THENCE Southerly along the arc of a curve to the left, having a radius of 10.00 feet, through a central angle of 112° 40' 22", and an arc length of 19.67 feet; THENCE South 73° 13' 37" East, 5.91 feet to the beginning of a non-tangent curve, the radius of which bears South 11 ° 27' 34" West; THENCE Southerly along the arc of a curve concave to the Southwest having a radius of 67.24 feet, through a central angle of 25° 49' 53", and an arc length of 30.31 feet; THENCE South 45° 04' 56" East, 40.02 feet; THENCE South 44° 28' 52" East, 27.89 feet to a point of tangency; THENCE Southeasterly along the arc of a curve to the left, having a radius of 10.00 feet, through a central angle of 44° 46' 57", and an arc length of 7.82 feet; THENCE South 89° 15' 49" East, 199.50 feet to the Easterly boundary of said Lot 1; THENCE South 01 ° 14' 17" West, 267.10 feet along said East line to the POINT OF BEGINNING. Project Name: Auburn North Distribution Center July 18, 2005 BDG/jss 11742L.003.doc (SR-1s7) NOg~33y1 N63'25'27 "E 186.71 40.65' N64'3854"E i61.97' S00'44'1 1"W A=-26'05'18" 24.00' R=25.00' Or-90'00'00" n `1 L=11.38' R=33.10: w z L=51.99' m ~o 359'26"W c z N S 10. S63'S4'24"W r vz, 10.35' N rq I S45'49'23"W 10.35' a► S27'44'22"W n `O °z 10.35' © m f-w CO S09'39'20"W '-/0~ x` ciOO I 10.35' ry tiO o M N087 0'58"W ~~00 `Op cit l 10.35' " X07 ~9 0 + 0 356'00 W ~$OO I 0 L' c co 351'01 "W c'2~ Z I N62'26'02"W U1 10.35' N N80'31'04"W o 10.35' O x=90'00'00= r, X rn , rnm 33.10 .99' N00'44'11'E r° '-I 1 R-_51 n N00'34'11 "E 257.09' "1 _ 24.00' , I °0- 0 N89'15'49V 48.69' ~ 0 I 9 S01'14'17"W (A 380.01' I l I y T a LA co W fn O <L-1 N N6 LA I Ln C7 O 2 V r CJ N O O O W O" a Z N 00 I TRUE POINT OF BEGINNING I C f 80.00' ~0 SO POINT OF COMMENCEMENT S00'44'11"W N01' 14' 17'E 809.63' N ~r h PUGET SOUND ELECTRIC RAILWAY RIGHT-OF-WAY r 4 C? O PUGET SOUND POWER AND LIGHT CO. R/W d CHICAGO/MILWAUKEE/3T, PAUL R.R. R/W LZ Scale: For: Job Number Horizontal 1 150' Vertical NA A? CIVIL ENGINEERING, LAND Hq 18215 72N0 AVENUE SOUTH ~ ~ ~r KENT, WA 98032 (425)251-6222 (425)251-8782 FAX ~4GENG~~ PLANNING, SURVEYING, ENVIRONMENTAL SERVICES AUBURN NORTH DISTRIBUTION CENTER ONSERVATION EASEMENT EXHIBIT (SOUTH) 11742 Sheet 1 of 1