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
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{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.
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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.
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Job No. 14423 f" -463,5
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Revised: January 30, 2017 BONA%......LAS
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14423 L.004.doc
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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 •