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HomeMy WebLinkAbout20170303000023 CONSERVATION EASEMENT AGREEMENT 030317 "?..c>(.0 Return Address: ?CCityity ofCl Auburn JJJJULfflIIII# uburn,WA9800I GAEN CON EAS 84.00 PAGE-001 OF 012 03/03/2017 09:32 KING COUNTY, UA Above this line reserved for recording infonnation. CONSERVATION EASEMENT AGREEMENT (for wetland, wetland buffer, stream and stream buffer areas) Reference#(if applicable): N/A Additional on page: 9 Grantor/Borrower: I) North Auburn Logistics 2) Holdings LLC Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Portion of Sec 35,Twp 22N, Range 4E Additional on page: Assessor's Tax Parcel ID#: 352204-9024 THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this o2 day of mil.ke,h , 2017; by and between North Auburn Logistics Holdings LLC; hereinafter referred to as "GRANTOR", and the CITY OF AUBURN, a municipal corporation organized under Title 35A RC W, 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 and stream conservation easement (the "Conservation Easement") with respect to certain wetland, wetland buffer, stream and stream buffer areas located on the Subject Property legally described on Exhibit 'B' attached hereto and incorporated herein by reference (the "Wetland and Stream Property") and 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; WHEREAS, it is mutually agreed that preservation of the quality of wetlands and stream areas are essential to maintaining a quality environment, maintaining quality water resources, and the preservation (00210859.DOC; I/ 16314/ESMT} Conservation Easement Agreement Page l of/a EXCISE TAX NOT REQUIRED King Co. Records Division Deputy of wildlife, and that preservation of the quality of wetlands and streams are in conformity with the CITY'S Comprehensive Plan; WHEREAS, GRAN'T'OR 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, wetland buffer, stream or stream buffer areas or the quality of the wetlands and streams 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. HEIRS, SUCCESSORS, AND ASSIGNS. The Conservation Easement 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 Easement granted hereunder shall allow CITY to enter upon the Subject Property for the purposes of monitoring, maintaining, preserving, and enhancing the Wetland and Stream 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 and Stream Property, and GRANTOR further covenants to take reasonable and necessary steps to restrict access to the Wetland and Stream Property and prohibit construction of any structures or artificial surfaces or alteration of any vegetation within the Wetland and Stream Property. No activity of any kind may take place within the Wetland and Stream 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 and Stream 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 pennitted functions described herein and agrees that the CITY's entry upon the Subject Property will be only as is minimally reasonably necessary to serve the purpose of this Agreement. 5. PROHIBITED USES OF WETLAND AND STREAM PROPERTY. GRANTOR and CITY shall not undertake, nor cause to be undertaken any activity or use of the Wetland and Stream Property which is inconsistent with the purpose, scope, or intent of this Agreement, nor inconsistent with wetland {00210859.DOC; 1/16314/ESMT} Conservation Easement Agreement Page 2 of /Q and stream functions such as: recharge, conveyance, or storage of stormwater; mitigation measures required; and vegetative enhancement or protection. {00210859.DOC; 1/16314/ESMT) Conservation Easement Agreement Page 3 of/J • 6. RESERVED RIGHTS. The GRANTOR reserves to itself all rights, title, interest, and obligations incident to ownership of the Subject Property and Wetland and Stream 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 and Stream 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 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 either party to exercise or enforce any of their rights under this Agreement or to enforce any breach hereof, nor any forbearance granted by the such party, shall be deemed or construed as a waiver by such party of such rights or a discharge of liability for any breach by the other party of the terms hereof. Nor shall any delay by a party 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 party'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 and Stream Property and agrees to pay all assessments and taxation (if any) against said Wetland and Stream Property assessed by any governmental authority as they become due. 10. DAMAGE TO PROPERTY. If any portion of the Subject Property and/or the Wetland and Stream Property are damaged by the negligence or willful act of the CITY, its agents, contractors, employees, then the CITY and its successors and assigns shall be liable to the GRANTOR and its successors and assigns for the reasonable and actual out of pocket costs and expenses incurred by the GRANTOR, its agents, employees, tenants, invitees or licensees, to promptly repair such damage to the condition the affected area was in prior to the damage. 11. HOLD HARMLESS AND INDEMNIFICATION. Except for claims or causes of action arising from the acts or omissions of the CITY, 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 Wetland and Stream Property to the fullest extent permitted by law; provided, however, that GRANTOR's liability hereunder shall be only to the extent of GRANTOR's negligence. 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 party claim which challenges GRANTOR'S right to execute and deliver this Agreement. CITY agrees to hold harmless, indemnify and defend the GRANTOR, 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 (U0210859.DOC; 1/16314/ESMT) Conservation Easement Agreement Page 4 of I • connected with CITY's entry on the Subject Property and the Wetland and Stream Property, unless arising from the negligence of GRANTOR or its agents, invitees or licensees. 10021o859.DOC; 1 /16314/ESMT) Conservation Easement Agreement Page 5 of is • 12. 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. 13. CONSTRUCTION. This Agreement shall be liberally construed to effect the purpose and intent hereof. 14. 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. {00210859.DOC: 1/16314/ESMT} Conservation Easement Agreement Page 6 of la CI.10L3.0d luautaa15v luamase3 uogEAJOSUOD {1INS3/41£91/ I =DOaI658o 12004 `\\\\\Ut1111I11 1.Z :DILA •` 0/i,SVM SO, iii Pq/ 44/13/Iii sa.ndxa mamlulodde Aye = r6t0,, / N» dJ d d t a 8mplsa poe '1P uoiimysn, o am-I.S�Jayl JoJ put at nd£lelop4s F4/ ' v 1 r t3finer Y= n,, Oyu • ttti r`\e,0/ to Palen luauttulsm sup m pauoquam sasodind-punas -ow.toj Ailed-vans Jo ion A.te union pue aaij aye aq 01 N2 figfIV 30 ALIO_IH.LJ° vibvuv4 2unnleld aye se y paftpalmousloe pun luamn.gsul alp alnaaxa of pazuoylnn sem ay leyi palels tpeo uo luamrytlsut sup pau3ts ay Imp pa3palmoure uosiad pies pue'am aio;aq pareadde oym uosiad aql st N0. a s j dca_r 'imp aouaptna A1m°njslles°Any Jo,>10113j I imp AJluao l ( 'dui)j JO Xiuno,O ss( (NOIDNIHSVM 30 3IVIS R Ia I IL_I_i-Lo sajidxa luauumoddn Aye \ttt\\uniuupoo !/ Y 1 / u"�'�7J In 9uipisaa ``�\\0,...:..do ,e��iii uol3utgsnMJoalums 04 io); puezY aygnd,Ge10 �:-���..�•OL-2Z-Z0.• bci�% � 4V U/ = _ 009114 M (au .N mud) _ ''. 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H:\FORMS\FE056 (5/03) {00210859.DOC: 1/16314/ESMT} Conservation Easement Agreement Page 8 of/a "EXHIBIT A" LEGAL DESCRIPTION Parcel A, City of Auburn Boundary Line Adjustment No. BLA14-0006, recorded under King County recording No.20160601900006, in the Southeast quarter of the Southeast quarter of Section 35, Township 22 North, Range 4 East, Willamette Meridian, in King County, Washington. P3.of p.Sift ` Gl CL ' . Hi, '.• O • aea •RFrasiraE�. 'SAL LANA e Project: North Auburn Logistics Job No. 14423 June 9, 2016 Revised: January 30, 2017 BDG 14423L.005.doc "EXHIBIT B" LEGAL DESCRIPTION CONSERVATION EASEMENT That portion of Parcel A, City of Auburn Boundary Line Adjustment No. BLA14-0006, recorded under King County recording No.20160601900006, in the Southeast quarter of the Southeast quarter of Section 35, Township 22 North, Range 4 East, Willamette Meridian, in King County, Washington, described as follows: COMMENCING at the Southeast corner of said Section 35; THENCE North 89°17'47" West, 1,321.29 feet along the South line of said Section 35 and the South line of said Parcel A to the Southwest corner of said Parcel A; THENCE North 02°13'02" East, 20.00 feet along the West line of said Parcel A to a point on a line parallel with and 20.00 feet North of said South line, being the TRUE POINT OF BEGINNING; THENCE CONTINUING North 02°13'02" East, 18.58 feet along said West line; THENCE South 86°08'42" East, 0.56 feet; THENCE North 87°48'17" East, 39.45 feet; THENCE North 88°54'03" East, 0.96 feet; THENCE South 89°20'31" East, 0.57 feet; THENCE South 88°41'27" East, 40.89 feet; THENCE South 87°29'06" East, 1.06 feet; THENCE South 86°15'27" East, 15.78 feet; THENCE South 89°37'36" East, 258.03 feet, THENCE South 89°35'23" East, 14.89 feet; THENCE South 89°15'53" East, 38.40 feet; THENCE South 89°15'27" East, 76.49 feet; THENCE South 89°17'12" East, 24.94 feet; THENCE South 89°15'53" East, 144.80 feet; THENCE North 89°23'14" East, 15.02 feet; THENCE South 89°18'28" East, 50.40 feet; THENCE South 89°17'54" East, 217.09 feet; THENCE South 89°14'57" East, 17.10 feet; THENCE South 89°14'52" East, 15.00 feet; THENCE South 89°17'47" East, 136.12 feet; THENCE South 88°08'22" East, 43.14 feet; THENCE North 05°01'00" West, 0.28 feet; THENCE North 04°59'50" East, 4.36 feet; THENCE North 15°00'03" East, 4.36 feet; THENCE North 23°35'40" East, 3.13 feet; THENCE North 27°10'52" East, 48.94 feet THENCE North 51°43'09" East, 11.45 feet THENCE North 60°27'39" East, 92.94 feet THENCE South 64°59'52" East, 1.82 feet; THENCE South 55°00'12" East, 4.36 feet; Project: North Auburn Logistics Job No. 14423 December 27, 2016 Revised: January 30, 2017 BDG 14423L.004.doc THENCE South 45°00'00" East, 4.36 feet THENCE South 34°59'48" East, 4.36 feet THENCE South 27°17'01" East, 2.37 feet THENCE South 24°30'21" East, 9.26 feet to a point on a line parallel with and 13.50 feet West of the East line of said Parcel A; THENCE South 02°13'02" West, 109.45 feet along said Parallel line to a point on a line parallel with and 20.00 feet North of said South line; THENCE North 89°17'47" West, 1,277.77 feet along said Parallel line to the TRUE POINT OF BEGINNING. AND That portion of Parcel A, City of Auburn Boundary Line Adjustment No. BLA14-0006, recorded under King County recording No.20160601900006, in the Southeast quarter of the Southeast quarter of Section 35, Township 22 North, Range 4 East, Willamette Meridian, in King County, Washington, described as follows: COMMENCING at the Southeast corner of said Section 35; THENCE North 89°17'47" West, 1,321.29 feet along the South line of Section 35 and the South line of said Parcel A to the Southwest corner of said parcel A; THENCE North 02°13'02" East, 354.46 feet along said West line to the TRUE POINT OF BEGINNING; THENCE CONTINUING North 02°13'02" East, 134.21 feet along said West line to the Northwest corner of said Parcel A; THENCE South 89°17'47" East, 49.36 feet along the North line of said Parcel A; THENCE South 12°08'50" West, 3.06 feet; THENCE South 16°37'19" West, 4.75 feet; THENCE South 22°04'18" West, 4.75 feet; THENCE South 28°06'15" West, 5.77 feet; THENCE South 34°43'23" West, 5.77 feet; THENCE South 38°01'59" West, 18.11 feet; THENCE South 07°08'00" East, 7.58 feet; THENCE South 01°33'29" West, 7.58 feet; THENCE South 10°14'54" West, 7.58 feet; THENCE South 19°19'49" West, 8.41 feet; THENCE South 29°03'55" West, 8.41 feet; THENCE South 38°48'00" West, 8.41 feet; THENCE South 44°03'04" West, 19.35 feet; THENCE South 10°11'11" West, 18.67 feet; THENCE South 10°11'16" West, 15.28 feet; THENCE South 13°34'43" West, 5.90 feet to the TRUE POINT OF BEGINNING. t S � ° D. Gift�pf 4. Project: North Auburn Logistics cy /a 46315 ' / o Job No. 14423 f" -463,5 December 27, 2016 Js.RE:ISTEv.,:.. Revised: January 30, 2017 BONA%......LAS 7 r BDG 14423 L.004.doc 1 . : `!i1. .c t . e • 'EXHIBIT C' 1"=250' I I I I II S. 287TH STREET TRACT A 589'17'47"E >,- cc 3 El o CONSERVATION 2 IN EASEMENT I a TPOB PARCEL A > W a BLA14-0006 0 u, RECI120160601900006 in occ w > o F— n I CO CONSERVATION W z T.P.0.8. EASEMENT 3 1 •err S5555 SS S SS ���S� SS S _SS S� rrS 5 31 20.00' , N89'17'47"W 1321.29' POINT OF___,---i 11 1 COMMENCEMENT 14 tz r o.ems ,'.,lite' pa ....\, ,PS,'yAAN�SJ� !L File:P.\140006\I4423\survey\14423exh02—Conserv.dwg Dote/Time:3/2/2017 9,11 AM BRIAN GILLOOLY SCALE: For: JOB NUMBER HORIZONTAL 1"=250' VERTICAL N/A NORTH AUBURN 14423 0H40 18215 72ND AVENUE SOUTH LOGISTICS Q' S KENT, WA 98032 14423L.004.doc CO .Ir ,i,>, ,, Fi (425)251-6222 011.4r1.7., ., (425)251-8782 FAX Title: SHEET ,f/ s ' CIVIL ENGINEERING, LAND CONSERVATION EASEMENT PLANNING, SURVEYING, ENG " ENVIRONMENTAL SERVICESr 1 of 1 DESIGNED DRAWN BDG 111,HECKED BDG !APPROVED BDG (DATE 1/30/16 •