HomeMy WebLinkAbout20190417000389 CONSERVATION EASEMENT Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
IIIIIIIiI 11111 11111 11111 11111 liii
IIIA 11111 1111111 Ilii III IIII
FIRST AMERICAN \N I , I2 20190417000389
EASEMENT Rec:$108.00
oz4/1712018 10:38 AM
KING COUNTY,WA
Above this line reserved for recording information.
Said documents were filed of
CONSERVATION EASEMENT AGREEMENT record as an accomodation only.
(for stream and stream buffer areas) It Nes not been examined as to
Cityof Auburn Reference Number: FAC17-0002 pr' r execution or as to its
ef�e:t upon title
Reference#(if applicable): N/A
Grantor: DCT Hudson Distribution Center LLC
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: S35—T22N—R4E
Assessor's Tax Parcel IDs#: 352204-9022 & 352204-9027
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this 10TH
day of April , 2019, by and between DCT Hudson Distribution Center LLC, 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
conservation easement (the "Conservation Easement")with respect to certain stream and stream buffer
areas legally described on Exhibit 'B' and depicted on Exhibit 'C' attached hereto and incorporated
herein by reference (the "Conservation Easement") located on the Subject Property;
WHEREAS, it is mutually agreed that this Agreement be entered into to preserve the quality of streams
for the benefit of public health, safety, and welfare;
Conservation Easement Agreement 17758.014.docx
Page 1 of 10
WHEREAS, it is mutually agreed that preservation of the quality of stream areas are essential to
maintaining a quality environment, maintaining quality water and other environmental resources, and
the preservation of wildlife, and that preservation of the quality of streams 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 stream or stream buffer areas or the quality of the stream 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 and burden the Subject Property.
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 stream and stream buffer areas located within the Conservation Easement. GRANTOR covenants
not to in any way impair or interfere with the function and use of the stream, and GRANTOR further
covenants to take reasonable and necessary steps to restrict access to, and prohibit construction of
any structures or artificial surfaces, or alteration of any vegetation, within Conservation Easement.
No activity of any kind may take place within the Conservation Easement without the prior approval
by the City of Auburn Director of Community Development and Public Works. The CITY shall be
permitted to enter onto the Subject Property at all reasonable times to monitor and maintain the
stream and stream buffer areas within the Conservation Easement. 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 LAND WITHIN THE CONSERVATION EASEMENT. GRANTOR shall not
undertake, nor cause to be undertaken any activity or use within the Conservation Easement which
is inconsistent with the purpose, scope, or intent of this Agreement, nor inconsistent with the
ecological functions of the stream.
Conservation Easement Agreement 17758.014.docx
Page 2 of 10
6. RESERVED RIGHTS. The GRANTOR reserves to itself all rights, title, interest, and obligations incident
to ownership of the Subject 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 areas within the Conservation Easement 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. 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 Subject Property and agrees to pay all assessments and taxation (if any)
against said Subject 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 arising from
or in connection with this Agreement including, without limitation, the Subject Property but only to
the extent caused in whole or part by the negligent acts or omissions of the GRANTOR. The CITY
agrees to hold harmless, indemnify and defend 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, caused in whole or part by the
negligent acts or omissions of the CITY arising from or in any way connected with any claim or cause
of action arising from or in connection with this Agreement including, without limitation,the Subject
Property.
11. RECORDATION. GRANTOR shall record this Agreement immediately in the King County Recorder's
Office.
12. CONSTRUCTION. This Agreement shall be liberally construed to effect the purpose and intent
hereof.
Conservation Easement Agreement 17758.014.docx
Page 3 of 10
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.
14. MODIFICATION.This Agreement may be changed, modified or amended in whole or in part only by a
written and recorded agreement executed by the parties hereto or their respective heirs, successors
or assigns. GRANTOR may propose specific plans for the Subject Property that may include or affect
the Conservation Easement, or include or affect mitigation associated with protecting resources
otherwise protected by the Conservation Easement. The City agrees to reasonably consider such
plans, provided the proposed work meets all appropriate governmental codes and does not diminish
the quality of the stream. The cost of documentation and processing, a subsequent amendment or
modification, and the cost of the work to be completed, are to be paid by GRANTOR.
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first written
above.
Conservation Easement Agreement 17758.014.docx
Page 4 of 10
GRANTOR:
DCT HUDSON DISTRIBUTION CENTER LLC
a Delaware limited liability company
By: Authorized Person
Benjamin Brodsky, Vice President of Prologis, Inc., a Maryland corporation
STATE OF WASHINGTON )
)ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Benjamin Brodsky is the person who appeared
before me, and said person acknowledged that he signed this instrument and acknowledged it to be his
free and voluntary act for the uses and purposes mentioned in this instrument.
Dated: 3/i gJoi 9
W12-‘01
1L Ei-8
(Print Name)
IFRA KHAN
Notary Public F Notary Public in and for the ' ate of Washington
State of Washington
My Commission Expires a residing at-101 5\'1- , �1 ar4 ,Sea-�-+1o �Wy
January 19, 2021 }.
�...... ... .. ... ... Y. ..4 .., Y.: ., .,., ,,. .,tee
My appointment expires: 01- Di-eqOa l
Conservation Easement Agreement 17758.014.docx
Page 5 of 10
GRANTEE:
CITY OF AUBURN, a municipal corporation
By: -40111111111111111111
Name: Jeff Tate
Title: Director of Community Development
STATE OF WASHINGTON )
)ss.
County of King
I certify that I know or have satisfactory evidence that Jeff Tate 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 Director of Community Development of THE CITY
OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this
instrument.
Dated:
4I/0//
(Print Nam-)
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Conservation Easement Agreement 17758.014.docx
Page 6 of 10
EXHIBIT A
ASSESSOR'S PARCEL NUMBER:
352204-9022
LEGAL DESCRIPTION:
(PER FIRST AMERICAN TITLE INSURANCE COMPANY FILE NO. NCS-754195-WA1 DATED SEPTEMBER 22,
2015 AT 7:30AM)
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35,TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.,
RECORDS OF KING COUNTY, WASHINGTON;THENCE ALONG THE SECTION LINE SOUTH 88°29'26" WEST
30 FEET;THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION, 516.18 FEET;THENCE SOUTH
88°29'26"WEST PARALLEL TO THE SOUTH LINE OF SAID SECTION 35 A DISTANCE OF 1291.29 FEET TO
THE TRUE PLACE OF BEGINNING;THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION, 812.44
FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 35,AS THE
SAME IS NOW BOUNDED AND FENCED ON THE GROUND; THENCE NORTH 87°54'40" EAST ALONG THE
SAID NORTH LINE 485.12 FEET;THENCE SOUTH 00°28'40" EAST 817.24 FEET;THENCE SOUTH 88°29'26"
WEST 491.80 FEET TO THE TRUE POINT OF BEGINNING.
ASSESSORS PARCEL NUMBER:
352204-9027
LEGAL DESCRIPTION:
(PER FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT FILE NO. NCS-754245-WA1 DATED
SEPTEMBER 23, 2015 AT 7:30AM)
THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35,TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE
WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON;THENCE, ALONG THE SECTION LINE, SOUTH
88°29'26" WEST 30 FEET;THENCE NORTH, PARALLEL TO THE EAST LINE OF SAID SECTION, 516.18 FEET;
THENCE SOUTH 88°29'26" WEST, PARALLEL TO THE SOUTH LINE OF SAID SECTION 35, 1291.29 FEET TO
THE TRUE POINT OF BEGINNING;THENCE NORTH, PARALLEL TO THE EAST LINE OF SAID SECTION, 812.44
FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35;
THENCE SOUTH 87°54'40" WEST, ALONG THE SAID NORTH LINE, 808.85 FEET; THENCE SOUTH, PARALLEL
TO THE EAST LINE OF SAID SECTION,804.24 FEET;THENCE NORTH 88°29'26" EAST 808.60 FEET TO THE
TRUE POINT OF BEGINNING.
17758L.005.docx
Page 7 of 10
EXHIBIT B
LEGAL DESCRIPTION
CONSERVATION EASEMENT
That portion of the East half of the following described property:
Beginning at the Southeast corner of Section 35, Township 22 North, Range 4 East of the
Willamette Meridian, in King County, Washington;
THENCE, along the Section line, South 88°29'26"West 30 feet;
THENCE North, parallel to the East line of said Section, 516.18 feet;
THENCE South 88°29'26"West, parallel to the South line of said Section 35, 1291.29 feet to the
TRUE POINT OF BEGINNING;
THENCE North, parallel to the East line of said Section, 812.44 feet to the North line of the South
half of the Southeast quarter of said Section 35;
THENCE South 87°54'40"West, along the said North line, 808.85 feet;
THENCE South, parallel to the East line of said Section, 804.24 feet;
THENCE North 88°29'26" East 808.60 feet to the TRUE POINT OF BEGINNING, described as
follows:
COMMENCING at the Southwest corner of said property;
THENCE North 02°13'02" East, along the West line thereof, 27.51 feet to the North line of the South
27.50 feet of said property and the TRUE POINT OF BEGINNING;
THENCE South 89°17'33" East, along said North line, 51.52 feet;
THENCE North 03°51'32" East, 29.70 feet;
THENCE North 03°17'38" East, 41.12 feet;
THENCE North 06°18'03" East, 43.23 feet;
THENCE North 02°44'12" East, 39.76 feet;
THENCE North 00°00'42" East, 31.05 feet;
THENCE North 12°20'21" East, 10.98 feet;
THENCE North 03°43'18" East, 45.58 feet;
THENCE North 00°50'47"West, 54.09 feet;
THENCE North 00°46'19" West, 29.49 feet;
THENCE North 00°29'37" East, 57.73 feet;
THENCE North 06°21'09" East, 36.85 feet;
THENCE North 02°13'22" East, 41.29 feet;
THENCE North 10°07'44" East, 54.93 feet to a point of curvature;
THENCE along the arc of a curve to the left, having a radius of 50.00 feet, through a central angle of
28°33'23"and an arc length of 24.92 feet;
THENCE North 18°25'39" West, 22.97 feet;
THENCE North 07°50'18" East, 16.15 feet;
THENCE North 10°44'20" East, 24.15 feet to a point of curvature;
THENCE along the arc of a curve to the left, having a radius of 50.00 feet, through a central angle of
11°48'40" and an arc length of 10.31 feet;
Project: DCT Auburn
Job No. 17758
June 6,2017
DJS/kma
17758L.007.doc
17758-EX04-co nservatio n.dwg
Page 8 of 10
THENCE North 01°04'20"West, 42.10 feet;
THENCE North 08°38'24"West, 9.18 feet;
THENCE North 08°56'13" East, 18.56 feet;
.1.itil.-•„,
THENCE North 02°25'44" East, 48.05 feet;
THENCE North 04°57'59"West, 21.62 feet;
THENCE North 10°04'18" East, 4.55 feet;
THENCE North 04°41'27"West, 13.30 feet;
THENCE North 06°39'39"West, 9.10 feet;
THENCE North 03°17'46" East, 5.92 feet to the North line of the South half of the Southeast quarter of
said Section;
THENCE North 89°19'52"West, along said North line, 50.60 feet to the Northwest corner of said property;
THENCE South 02°13'02"West, along the West line of said property, 782.55 feet to the TRUE POINT OF
BEGINNING.
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Project:DCT Auburn
Job No. 17758
June 6,2017
DJS/kma
17758L.007.doc
17758-EX04-conservation.dwg
Page 9 of 10
CURVE TABLE
CURVE DELTA RADIUS LENGTH
1"=200' Cl 11'48'40" 50.00' 10.31'
UNPLATTED C2 28'33'23" 50.00' 24.92'
APN 352204-9014
N89'19'52"W 50.60' NO3'17'461 5.92'
_—NO6'39'39"W 9.10'
-N04'41'27"W 13.30'
N10'04'18"E 4.55'
// N04'57'59"W 21.6 ' N. LINE, S1/2, SE1/4
NO2'25'44"E 48.05 SECTION 35 N08'56'13"E 18.56'
/ N08'38'24"W 9.18'
NO1'04'20"W 42.10'
N10'44'20"E 24.15'
NOT50'18"E 16.15'
N18'25'39"W 22.97'
/ N
/ U
to N10'07'44"E 54.93'
co NO2'13'22"E 41.29'
/ N06'21'09"E 36.85'
UNPLATTED o / APN 352204-9027 APN 352204-9022
APN 352204-9043 /
N / N00'29'37"E 57.73'
/ N00'46'19"W 29.49'
cn
N00'50'47"W 54.09'
NO3'43'18"E 45.58'
CONSERVATION
N 12'20'21"E 10.98'
EASEMENT
NO0'00'42131.05'
NO2'44'12"E 39.76'
N06'18'03"E 43.23'
NO3'17'38"E 41.12'
TPOB 1. NO3'S1'32"E 29.70'
NO2'13'02"E 27.51 -
N. LINE, S. 27.50'
S89'17'33"E 51.52' — TRACT A
POC UNPLATTED AUBURN BLA14-0006
APN 352204-9029 I REC. NO. 20160601900006
File:P:\17000s\17758\survey\17758-EX04-conservation.dwg Date/Time:6/6/2017 11:52 AM KIM ANDERSON
SCALE: For: JOB NUMBER
HORIZONTAL 1"=200' VERTICAL N/A DCT INDUSTRIAL 17758
GHAV 18215 72ND AVENUE SOUTH AUBURN
is KENT, WA 98032 17758L.007.doc
mom '- 41 (425)251-6222
(425)251-8782 FAX Title: EXHIBIT C SHEET
S "* tee' CIVIL ENGINEERING, LAND CONSERVATION
��`'' PLANNING, SURVEYING, EASEMENT
' 1 1
NC ENG* ENVIRONMENTAL SERVICES of
DESIGNED !DRAWN KMA !CHECKED DJS !APPROVED DJS I DATE 6/5/17 J
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