HomeMy WebLinkAboutR-2497 - Approving a Development Agreement with NP Arlington MIC, LLC (Northpoint Development) for the Cascade Industrial CenterCITY OF MARYSVILLE
Marysville, Washington
RESOLUTION NO. lt{q J
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, APPROVING A DEVELOPMENT AGREEMENT WITH NP
ARLINGTON MIC, LLC (NORTHPOINT DEVELOPMENT), FOR AN
INDUSTRIAL PARK LOCATED IN THE CASCADE INDUSTRIAL CENTER.
WHEREAS, the Puget Sound Regional Council has designated the Cascade Industrial
Center, located in the cities of Marysville and Arlington, as a Manufacturing and Industrial
Center in the Vision 2050 Regional Growth Strategy; and
WHEREAS, the Cascade Industrial Center is intended by the Marysville Comprehensive
Plan to be a significant job center for industrial growth and establishment of family-wage jobs;
and
WHEREAS, the City is interested in promoting high quality development within the
Cascade Industrial Center in cooperation with property owners and industrial developers; and
WHEREAS, NP ARUNGTON MIC, LLC (NORTHPOINT DEVELOPMENT) has
proposed a large industrial park development in the Cascade Industrial Center within Marysville
and Arlington, and has requested that the City enter into a Development Agreement to establish a
framework for permitting future development of the lots within the proposed industrial park; and
WHEREAS, the City Council held a public hearing on May 10, 2021, to consider the
details of the Development Agreement; and
WHEREAS, the City Council finds that it is in the City's best interests to enter into a
Development Agreement to govern the development of the industrial park and implement the
goals of the Marysville C o mprehensive Pla n fo 1· the C ascad e Industria l Center to d e velop as a
regionally significant job center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARYSVILLE that the Development Agreement with NP ARLINGTON MIC, LLC
(NorthPoint Development), attached hereto as Exhibit A to this Resolution is approved.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MARYSVILLE that the Development Agreement will be recorded with the Snohomish County
Auditor.
ADOPTED by the City Council at an open public meeting this µ. ~ day of
M. c.'I , 2021.
CITY OF MARYSVILLE
Attest:
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TINA BROCK, DEPUTY CITY CLERK
Approved as to form:
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JON WALKER, CITY ATTORNEY
This DEVELOPMENT AGREEMENT ("Agreement") by and between the City of Marysville
("City"), a Washington municipal corporation, and NP ARLINGTON MIC INDUSTRIAL, LLC
("Owner"), a Delaware limited liability company, is effective on the date of the last signature below.
The City and Owner are referred to collectively as the "Parties" and individually as a "Party."
RECITALS
A. WHEREAS, Owner is affiliated with NorthPoint Development LLC which is a
national industrial developer of more than 80 million square feet nationwide with interest in
developing approximately 426 acres in the Cascade Industrial Center, which development shall
be known as the Cascade Business Park; and
B. WHEREAS, the Cascade Business Park will include development of properties in
the cities of Arlington and Marysville which is legally described in Exhibit A (the "Property") and
shown in Exhibit B (the "Development Area"); and
C. WHEREAS, approximately 339 acres of this 426 acre development will be in the
City of Marysville; and
D. WHEREAS, Owner expects to invest nearly four hundred million dollars
($400,000,000) in this 426 acre industrial park over the next several years in its construction of
approximately 4.156 million square feet of industrial space and approximately $14.7 million in
public road, water and sewer improvements; and
E. WHEREAS, Owner's project will provide other public benefits to the City, including
the creation of thousands of new jobs that improve the City's jobs to housing balance and
complete the realignment of Edgecomb Creek; and
F. WHEREAS, a project of this magnitude will result in substantial short-and long-
term economic benefits to the city and area taxing districts, including the Marysville School
District, Marysville Regional Fire Authority, Sno-lsle Library System, and Snohomish County; and
G. WHEREAS, RCW 36.70B.170 through 36.708.210 authorizes cities to enter into
development agreements with property owners to govern the future development of real property
development agreement between Owner and the City is a collaboration that will provide mutual
benefit for the Parties and the citizens and businesses of Marysville; and
H. WHEREAS, this Agreement is necessary to provide the Owner with confidence
that its multi-year investment in the project will not be unreasonably delayed or burdened; and
I. WHEREAS, the completion of the Project in accordance with this Agreement will
implement city, county and regional employment the goals and policies, including goals and
policies of the Marysville Comprehensive Plan and the Arlin9ton-Marysville Manufacturing
Industrial Center (AMMIC) Subarea plan, which include but are not limited to: developing sites to
be ready for new uses, creating a connected street network, realigning of Edgecomb Creek, and
contributing to a continuous trail system; and
Development Agreement -Page 1 of 26
J. WHEREAS, by executing this Agreement, the Parties intend to set forth common
goals, mutual agreements and understandings as they relate to the development review process
and ultimate development of the Property and the Project; and
K. WHEREAS, by executing this Agreement, the Parties recognize that future
amendments or separate Development Agreement(s) may be appropriate to further address
development and mitigation.
AGREEMENT
PURSUANT TO RCW 36. 708.170 through 36. 708.210 and in consideration of, and
subject to, the mutual promises, benefits, and obligations set forth herein, the City and Owner
enter into the following Development Agreement and agree to be bound by its terms.
1. Land. The Property governed by this Agreement, exclusive of public right-of-way,
consists of approximately three hundred and thirty-nine (339) acres located at 1521h Street NE
and 51 51 Avenue NE, Marysville, Washington, and legally described on Exhibit A to this
Agreement. The Property governed by this Agreement is depicted on Exhibit B to this Agreement.
2. The Project. The Project is the proposed development of the Property with seven
buildings containing approximately 3 million square feet of Class A industrial manufacturing and
warehouse space, within the City of Marysville, together with associated parking, drainage, and
utility infrastructure. The Project also includes a relocation of Edgecomb Creek, habitat
enhancement, wetland creation, and a pedestrian trail. A copy of the project's conceptual site
plan is attached hereto as Exhibit C ("Conceptual Site Plan").
2.1 Conceptual Site Plan: This plan is intended to be a general guide to the
future development of the property. Buildings and site improvements
depicted on the Conceptual Site Plan represent the intended layout and
use of the property, and projected overall scope of development for
purposes of illustration and analysis of overall impacts under the State
Environmental Policy Act (SEPA). Individual buildings will be evaluated for
compliance with this agreement and applicable regulations based on more
detailed site development plans to be submitted in the future for review by
the City.
2.1.1 Parcel 310534-003-003-00. The Conceptual Plan shows that parcel
310534-003-003-00, a 10.18-acre parcel zoned Residential 4.5
(R4.5), is intended by Owner to be developed in the future for
industrial purposes. Existing zoning does not currently allow for the
intended industrial development. Owner anticipates applying for a
rezone or other zoning allowance to permit the use as reflected on
the Conceptual Plan. The parties acknowledge it serves the public's
interest to know the full intent of the Owner's plans. However, Owner
acknowledges, specific to this parcel's inclusion within the
Development Agreement and Binding Site Plan that this Agreement
does not constitute any a guarantee of future legislative or quasi-
judicial action on the part of the City to approve a rezone or other
zoning allowance.
Development Agreement -Page 2 of 26
2.2 SEPA Review: The environmental review required pursuant to SEPA for
the Conceptual Site Plan as part of the Development Agreement is
intended to cover the future development activities anticipated to
implement buildout of the Binding Site Plan and the Conceptual Site Plan.
Such development activities include (a) relocation of Edgecomb Creek; (b)
site grading; (c) construction of utilities; (d) construction of public and
private streets and transit infrastructure within and abutting the project; (e)
construction of buildings and related site improvements such as parking,
driveways, pedestrian walkways, stormwater infrastructure, landscaping,
and related improvements. Development activities that are identified in the
SEPA checklist and accompanying materials, and any minor changes to
the Project as addressed in Sections 4.4 and 4.6, shall not require
additional SEPA review unless the City's SEPA Responsible Official
determines that adverse environmental impacts that were not known or
addressed in the original SEPA analysis require additional review under
SEPA.
3. Mutual Benefits. The City recognizes the public benefits of the Project, which
include job creation, increased tax revenue, relocation and restoration of Edgecomb Creek, and
the dedication of land for public use. Benefits to the Owner as a result of this Agreement include
certainty of development standards, deviation from certain code regulations and guidelines, and
credit for improvements against mitigation fees.
4. Vested Rights.
4.1 Vesting of Binding Site Plan to Development Standards. Except as
expressly stated otherwise herein, any amendments to or additions to City development
standards, including impact and mitigation fees, adopted by the City during the term of this
Agreement shall not apply to or affect the conditions of development of the Project and
construction of buildings. Except as provided for in Section 4.3, the Project, including building
permits shall be vested to and governed by the City of Marysville Municipal Code development
standards in effect at the time Owners filed a complete binding site plan application for all or any
portion of the Development Area, generally consistent with the Conceptual Site Plan. As used in
this Agreement, the terms "development standards" shall be as defined in RCW 36. 70B.170,
including but not limited to those impact and/or mitigation fees in effect at the time of vesting,
development regulations, policies, procedures and guidelines addressing zoning, environmental
review and mitigation (including SEPA procedures and substantive SEPA policies and mitigation),
building and site design, utilities, stormwater, transportation concurrency and other laws,
ordinance, policies, and administrative regulations and guidelines governing land development.
4.2 Concurrency. Once a binding site plan is approved, the project's
concurrency approval shall be exempt from the six (6) year limit imposed by MMC Chapter
22D.030.070(6)(ii). This exemption shall apply to any amendments under Section 4.7 which do
not increase the project's cumulative trip generation by more than ten percent (10%). Any
concurrency approval or certificate shall run with the term of this Agreement through construction
and certificate of occupancy.
4.3 Exemptions. Except as otherwise addressed in Sections 4.1, the following
fees, charges and regulations are not vested under this Agreement:
Development Agreement -Page 3 of 26
4.3.1 Plan review fees and inspection fees established by schedules,
charts, tables, or formula;
4.3.2 Water, sewer, stormwater, and other utility connection charges,
general facility charges, Capital Facility Charges, and monthly
service charges;
4.3.3 Amendments to building, plumbing, mechanical, fire, and other
construction codes adopted pursuant to RCW 19.27 and 19.27 A until
such time as complete building permit application(s) are submitted;
and
4.3.4 Other City enactments that are adopted pursuant to state or federal
mandates (such as, but not limited to, the City's NPDES Municipal
Stormwater Permit) that preempt the City's authority to vest
regulations.
4.4 Changes to Conceptual Site Plan. The Parties recognize the Owner may
change aspects of the Conceptual Site Plan to accommodate market demand or better situate
the buildings within the Development Area. Changes to orientation of the building, including any
consequent infrastructure changes, or changes to the size of any building in the Conceptual Plan
shall not be deemed to vitiate the vested rights set forth in the terms of this Agreement. Minor
amendments to an approved binding site plan shall be an administrative decision in accordance
with 22G.010.260(2), (3), and (4).
4.5 Future Amendments to Code. Owner may request that future
amendments to the Marysville Zoning Code, the Marysville Municipal Code, or other standards,
regulations, policies, or guidelines be applied to the Project. The City's Community Development
Director may deny such request if the Director determines that compliance with any vested-to
regulation would preclude application of said future amendment, if said future amendment would
conflict with the City's intent in approving this Development Agreement or if said future
amendment would not achieve a development of like quality and benefit to the City. If Owner
disagrees with such denial, Owner may apply to the City Council for an amendment of this
Agreement as provided for in Subsection 4. 7 below.
4.6 Amendments to Agreement. This Agreement and the Conceptual Site
Plan, including binding site plan and all permits necessary to construct and occupy buildings and
improvements, may be amended administratively as a minor amendment unless any the following
is proposed: (i) any land use not otherwise allowed under the regulations in effect at the time of
the proposed amendment; (ii) any reduction in the amount of required open space; (iii) more than
a 25% increase in total square footage on any lot, provided that impacts associated with such an
increase are mitigated according to City codes or SEPA mitigation measures; (iv) any reduction
in the infrastructure required by this Agreement; or (v) any request to apply future code
amendments denied by the Planning Director under Subsection 4.6. City staff shall be entitled to
administratively approve minor amendments to this Agreement. A "Minor Amendment" is defined
as an amendment that does not increase the total building square footage by more than 25% on
any lot or create a probable significant adverse impact to surrounding properties above those
impacts previously analyzed under SEPA. Any amendment proposing any of the activities or
changes in the foregoing list (i)-(v) must be approved by the Marysville City Council using the
process for consideration of development agreements set forth in the MMC.
Development Agreement -Page 4 of 26
4.7 City's Reserved Rights. Notwithstanding any other provisions of this
Agreement, pursuant to RCW 36. 708.170(4) the City reserves authority to impose new or different
officially adopted regulations of general applicability to the extent required by a serious threat to
public health and safety, as determined by the Marysville City Council after written notice and an
opportunity to be heard has been provided to Owner.
5. Term. The term of this Agreement shall be fifteen (15) years, except as provided
in this Section. The City and Owner may agree at any time after the execution of this Agreement,
but no more than five years before its expiration, to extend the term of this Agreement for a
further ten (10) years, provided that the developer has completed at least fifty percent of the
project, complied with this agreement, and all regulations and such extension is approved by the
Marysville City Council, which extension shall not be unreasonably withheld.
6. Access. Circulation, and Public Roads. The City recognizes that the road layout
within the Conceptual Site Plan is different from the road network shown in the Smokey Point
Master Plan and AMMIC Subarea Plan; however, as stated on page 15 of the AMMIC Subarea
Plan, the road network shown is only one option for development. The City acknowledges that
subject to final review and approval of the Owner's transportation impact analysis it would accept
the road network shown in Owner's Conceptual Site Plan for access, circulation, and public roads
as providing an equal level of service which will support development of larger industrial buildings
and maximization of the economic benefits of industrial development in the AMMIC. The City
agrees that 59th Avenue NE and 1601h Street NE will be constructed in accordance with the
attached Conceptual Site Plan in Exhibit C and road cross section in Exhibit 0.
7. Credits, Reimbursements, and Cost Recovery. The City acknowledges that full
build out of the project's infrastructure will include many public improvements, which include but
may not be limited to roads, non-motorized improvements (trails), sewers, and water lines. In
recognition of the significance of these public improvements, the City will credit or adjust impact
fees, connection charges, system development charges, etc. in accordance with the following:
7.1 Traffic Impact Fee Credits. The total traffic impact fees for Owner's
project shall be calculated based on the total traffic impact fee due less:
7.1.1 Credit for land dedicated in accordance with MMC 220.010.060
7 .1.2 Credit for construction of road system capacity improvements in
accordance with MMC 220.030 for those projects within the adopted
transportation impact fee cost basis as it exists or may be amended.
7.1.3 Construction of off-site projects identified as inadequate road
conditions in accordance with MMC 220.030.
7 .1.4 Credit for construction of regional motorized and non-motorized
improvements in accordance MMC 220.010.070.
7.1.5 Other credits as may be authorized by the MMC or permitted under
RCW 82.02.
7.2 Parks, Recreation, Open Space and Trail Impact Fee. The fees, if any,
shall be calculated based on the total impact fee due less credit for
Development Agreement -Page 5 of 26
construction of passive and active open space, including trails, interpretive
areas, etc. in accordance with MMC 220.020.130.
7.3 Credit for Regional Improvements. Owner shall be entitled to such other
credits applicable for construction of street, trail, stormwater, sewer, and
water improvements in accordance with MMC 220.010.070.
7.4 Credit for Oversizing Utilities. Owner shall be entitled to reimbursement
of the cost to construct oversized utilities in accordance with MMC
14.07.080, which reimbursement can be in the form of credits against
capital improvement charges.
7.5 Cost Recovery. The City agrees that in accordance with MMC 14.07.090
and 220.030.070 it will work cooperatively with the Owner to approve cost
recovery (i.e. latecomers agreement, LID, ULID, etc.) agreements to collect
pro-rate reimbursements from those properties benefitting from Owner's
improvements to streets, water, sewer, stormwater, and etc.
8. Security for Performance and Maintenance. The City and Owner agree to
cooperate on appropriate and necessary bonding terms to serve the purposes of any said bonding
and to allow the Project to proceed without delay or unreasonable financial burden. The City
agrees to limit its requirements for performance and/or maintenance bonds to the requirements
of MMC Chapter 22G.040; provided that the City Engineer may authorize waiving or lowering the
amount of security required by MMC 22G.040.040 and 22G.040.050 upon demonstration by the
Owner that the revised security amount or an alternative to security provides assurance of
performance and/or maintenance sufficient for the timely completion and maintenance of
improvements. For example, the City Engineer may wave bonding requirements when bonding
is already required by a third party (such as a state or federal agency). Nothing herein shall
preclude the Owner from having the option to bond for certain required or phased improvements,
which bonding may be necessary to allow the developer to obtain certificates of occupancy and/or
proceed with additional phases of development prior to completion and acceptance of
improvements. Owner may furnish any bonding the City may require in the form of insurance
bond(s).
9. Entitlement and Permitting. The City recognizes that time is of the essence in
various permitting and improvement activities for the Project to succeed. To such aim, the City
agrees to expeditiously process entitlement and permit requests, including but not limited to
concurrent review of land use, civil and building permits and review and issuance of early clear
and grade permits as the Owner may identify as necessary to achieve economies of scale for the
volume of import fill material required for site development. Owner agrees to hold City harmless
for costs associated with any changes required to civil or building plans submitted for concurrent
review that are required by changes necessary to land use plans. Further, the City and Owner
agree:
9.1 Realignment of Edgecomb Creek and Alterations to Wetlands. The
City has identified the realignment of Edgecomb Creek as necessary to
maximize the economic benefit of industrial center development, create
opportunities for a non-motorized trail to fulfill policies AMMIC-LU-5.1 (use
as a site amenity) and T-1.5 (non-motorized network), and improve the
City's jobs to housing ratio. Owner has agreed to relocate, realign, and
restore Edgecomb Creek to the extent permitted by the U.S. Army Corps
Development Agreement -Page 6 of 26
of Engineers, Washington State Department of Ecology, Washington
Department of Fish and Wildlife, and the Tulalip Tribe. Multiple regulated
wetlands located within the Development Area also require alteration to
provide a cohesive industrial park. In recognition of Owner's contributions
to fulfilling the AMMIC Subarea Plan goals and objectives:
9.1.1 Agency Approval. The City agrees to support Owner's efforts to
obtain the necessary federal and state permits prerequisite to local
approvals that will be required to complete the relocation,
realignment, and restoration of Edgecomb Creek and the alteration
(complete fill) of all wetlands in the Development Area.
9.1.2 Local Approval. Contingent upon federal and state agency
approvals, the City shall consider such approvals to constitute Best
Available Science as required by MMC 22E.010.040(1), and the City
will permit the fill and relocation of Edgecomb Creek, the fill of all
wetlands in the Development Area, and implementation of
compensatory wetland mitigation within the relocated Edgecomb
Creek mitigation corridor on the Property.
9.1.2.1 The relocated Edgecomb Creek corridor will be 315 feet
wide on the Property in the City of Marysville, generally
extending west from the Burlington Northern Santa Fe
Railway ("BNSF") property located east of the Development
Area. The corridor will be 280 feet wide at one location,
north of 152"d Street NE, for the minimum length necessary
to accommodate traffic needs. North to south, the corridor
within the City of Marysville will extend from the
Arlington/Marysville City limits to the southern relocation
limits of Edgecomb Creek. The corridor will fully contain the
relocated Edgecomb Creek, side channel habitat, wetland
creation areas, all protective buffers, regional multipurpose
trail with related trail amenities, and building setbacks.
9.1.2.2 Upon relocation of Edgecomb Creek, the existing stream
channel will be immediately filled.
9.1.2.3 All wetlands in the Development Area will be filled (minimum
of 2.58 acres in the City of Marysville).
9.1.2.4 Stormwater management facilities and a 12-foot wide
pedestrian trail will be allowed in the outer 50 feet of the
relocated Edgecomb Creek corridor, adjacent to the
Development Area.
9.1.2.5 For any offsite critical areas located on the west side of the
51 st Avenue NE, any associated buffer shall terminate at the
road edge and not encumber the Property.
9.1.2.6 Due to the extensive review by state and federal agencies
and tribal entities and Owner's use of a fluvial
Development Agreement -Page 7 of 26
geomorphologist to design the relocated Edgecomb Creek,
the City agrees that a private third-party biologist will not be
hired by the City to review critical area studies produced by
the Owner's consultant, provided such studies are approved
by state, federal, and tribal agencies as may be required.
9.1.2. 7 If relocating Edgecomb Creek prior to initiation of other
permitted activities is determined to be infeasible (e.g., due
to in-water work windows imposed by other agencies), the
creek relocation and wetland creation measures may occur
concurrently with other permitted activities and in
accordance with approved federal and state timelines.
9.1.3 Public Benefit. The City, in adopting the AMMIC Subarea Plan,
identified the realignment of Edgecomb Creek in policy AMMIC-NE-
1.3 as needed to integrate and enhance fish and wildlife habitat with
stormwater management. Edgecomb Creek realignment and
restoration is not merely a habitat improvement, but also constitutes
stormwater facility improvements listed as projects QC5a, QC5b,
and QC5c (Exhibit 7 and pages 35-37) with costs estimated in the
tens of millions of dollars. The City acknowledges that Owner's
realignment and restoration of Edgecomb Creek is a public benefit
to the City as it supplements and supplants a Quilceda Creek sub-
basin stream and aquatics systems enhancement strategy as
identified in policy AMMIC-LU-5.3.
9.1.4 Ecological Benefit. Owner's realignment and relocation of
Edgecomb Creek will enhance fish and wildlife habitat, reduce
flooding in the sub-basin, increase wetland size and functionality,
and integrate the stream with strategies for the management of
stormwater as the industrial center is built-out. Compensatory
wetland mitigation will conform with federal and state requirements
and the City's wetland replacement ratios in force as of the Effective
Date.
9.1.5 Security for Performance and Monitoring of Critical Areas.
Owner's project requires Federal and State agency approvals and
falls under Section 404 of the Clean Water Act (CWA), requiring
financial assurances, if necessary, to ensure a high level of
confidence that the compensatory mitigation project will be
successfully completed in accordance with applicable performance
standards. Per 33 CFR 332.3(n), financial assurances that may be
required are in the form of performance bonds, casualty insurance,
legislative appropriations for government sponsored projects, or
other appropriate instruments. To avoid duplicative security, the City
shall accept conditions imposed by State or Federal agencies as
fulfilling the requirements for MMC 22E.010.260.
9.2 Master Grading Permits and Hauling Permits. The City will grant to
Owner and/or its affiliates or contractors/subcontractors all applicable
clearing, grading, stormwater, right-of-way and haul route permits for that
Development Agreement -Page 8 of 26
portion within the City of Marysville, which approvals are necessary to
prepare the site to receive adequate import material to achieve the grades
and elevations necessary to construct the improvements and build the
planned buildings and discharge stormwater flows generated onsite to
Edgecomb Creek. It is estimated that approximately 4 million cubic yards
of import fill will be required from off-site locations, and filling and grading
activities may occur over a period of 10 years as the park is built out. The
City will cooperate to accommodate the necessary import effort.
9.3 Development in Multiple Phases. Owner may construct the buildings and
improvements in multiple phases. As phases and buildings are completed,
the City will not delay certificates of occupancy based on future phase
improvements. Developer shall have the discretion to determine the
number of phases and units within each phase based on market demand.
9.4 Interpretation and Applicability of Design Standards. Pursuant to MMC
22C.060.020, the design standards within the Smokey Point Master Plan
(SPMP), as amended by Ordinance No. 2922, shall be applied as provided
herein. The City and Owner agree to cooperate reasonably regarding all
aspects of the design of the development, understanding that the varying
nature of each building's operations and needs for various industrial users
require appropriate flexibility in certain locations of the site. In determining
whether a development proposal meets these guidelines, the MMC gives
the Community Development Director the authority to consider:
(i) If a guideline or requirement is not applicable or appropriate in a
specific instance; or
(ii) If the development proposal meets the intent of the guidelines in
some other manner; or
(iii) There is convincing evidence that applying the standard would not
be in the public interest.
The authority given the Community Development director in MMC
22C.060.020(2)(b) to approve alternative standards to the SPMP design
guidelines is applied to the entire development plan subject to this
Development Agreement, as follows:
9.4.1 Section 9.4. of the SPMP design guidelines, Visitor and customer
parking: Employee parking may be allowed in front of the building
when necessary to separate passenger car traffic on-site from truck
traffic, maneuvering and parking areas.
9.4.2 Section 9.4.2 and 9.5.1 of the SPMP design guidelines, Service and
storage areas: Service areas may be located to the side, rather
than the rear of buildings, when necessary to accommodate truck
maneuvering and parking areas, and when screened from view
from the street.
Development Agreement -Page 9 of 26
9.4.3 Section 9.6.1 and 9.6.2 of the SPMP design guidelines, truck
access and visitor I employee access: Owner may provide shared
passenger vehicular and truck access points and internal truck
private roads, when determined to provide for public safety by the
City Engineer, provided clear separation between passenger
vehicles and trucks can be achieved through design, signage, and
security (where applicable).
9.4.4 Section 9.7.3 and 9.7.6 of the SPMP design guidelines, parking lot
pedestrian crossings: Pedestrian crossings within parking lots
need not be denoted by either stamped concrete or colored
pavement. Painted pedestrian striping may be used to delineate
pedestrian walkways in parking lots.
9.4.5 Section 9.7.3 and 9.7.6 of the SPMP design guidelines, parking lot
pedestrian crossings: Provide no more than two pedestrian
connections between each building and the public right of way,
unless the Community Development Director determines that more
are required to provide for adequate pedestrian circulation and
safety.
9.4.6 Section 9.7.3 and 9.7.6 of the SPMP design guidelines, parking lot
pedestrian crossings: Parking will be allowed to overhang
sidewalks so long as the width of the sidewalk is expanded to
compensate.
9.4.7 Section 9.8.1, 9.8.2 and 9.8.3 of the SPMP design guidelines,
Pedestrian amenities: Rather than requiring pedestrian amenities
on-site, pedestrian amenities may be provided by the 12-foot wide
pedestrian trail and pedestrian amenities to be located within or
adjacent to the buffer of the relocated Edgecomb Creek, or within
the 59th Street right of way, as well as within connections between
individual lots I buildings and the relocated Edgecomb Creek. The
design of connections between individual lots I buildings and the
relocated Edgecomb Creek shall be approved by the City Engineer
and Community Development Director.
9.4.8 Section 9.8.1, 9.8.2 and 9.8.3 of the SPMP design guidelines,
Pedestrian amenities: Within 16Qth Street NE, 59th Avenue NE
public rights-of-way, and the east-west private roads, combining the
required bike lanes and sidewalks along each right of way into a 12-
foot multi-purpose pathway that creates physical separation from
the roadway shall be permitted in order to encourage maximum
utilization of pedestrian and bike connections throughout the
development and to locations where future transit is anticipated.
9.5 On a case-by-case basis for development of individual lots, Owner may
submit proposals it feels meet the intent of the design standards but not
necessarily the specifics of one or more standards. In such cases, the
director will determine if the intent of the standard has been met.
Development Agreement -Page 1 O of 26
9.6 Duplication of Multi-use Trail Not Required. The multi-use trail along
59th Avenue south of 16Q1h and the trail proposed along Edgecomb Creek
may merge and be located along the eastern right of way, subject to design
approval by the City Engineer. To reduce impervious surface and
encourage use and enjoyment of the facilities provided within the industrial
park, the City will not require separate segments of the trail running parallel
along 59th and within the Edgecomb Creek Corridor.
9. 7 Flexible Utility Design -the City and owner will work together to develop
efficient designs to reduce future maintenance costs as well as provide
equivalent service, where approved by the City Engineer, Building Official
and/or Fire Marshal. For example, where appropriate water lines for fire
hydrants will be allowed to be extended from the public right-of-way to
serve the front of the building so that a redundant fire line is not required
parallel to the one already located in the public right-of-way.
10. Rail Service to Park. The site is adjacent to an active Burlington Northern Santa
Fe Railway ("BNSF") rail line. BNSF has expressed interest and has provided preliminary
drawings that include proposed rail spurs to service the Project. The current proposal is to
construct a switch from the existing spur to side spurs into the Project on its southern end, south
of the Edgecomb Creek Culvert beneath the mainline rail and potentially crossing 152nd avenue.
The City agrees to cooperate in this endeavor and to accommodate the rail including but not
limited to the roadway crossing so long as the cost of maintaining such rail and crossing, including
the feasibility analysis required in advance of permitting a new crossing, is paid by others. The
City agrees to let BNSF be the petitioner for any application to the Washington UTC for a new
crossing. Owner agrees to work with the City in designing any improvements to ensure the safety
of all users and the ability of the City to meet quiet zone requirements.
11. Transfer of Ownership. In the event of transfer of ownership of all or any portion
of the Property, the benefits accruing to, and the obligations placed upon the Owner under this
Agreement shall run with the land and title to the Property and inure to the benefit of, and be
binding upon, each person having any right or title or other legal interest in the Property with
respect to that party's interest in the Property. This Agreement shall be deemed to create privity
of contract and estate with and among all persons and entities acquiring any interest in the
Property subsequent to the date hereof.
12. Miscellaneous Provisions.
12.1 Code Citations. All citations and references to the Marysville Zoning Code
and Marysville Municipal Code in this Agreement shall refer to those provisions in force as of the
Effective Date unless otherwise expressly stated.
12.2 Recording. This Agreement shall be recorded in the records of
Snohomish County Auditor. The provisions of this Agreement shall run with the land and be
binding upon and inure to the benefit of the Parties, their successors in interest and assigns.
13. Equal Opportunity to Participate in Drafting. The Parties have participated and
had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be
Development Agreement -Page 11 of 26
construed against any Party based upon a claim that such Party drafted the ambiguous language.
There shall be no presumption against the drafting party of any provision herein. The terms of this
agreement shall be interpreted subject to the laws of contract in the State of Washington.
14. Full Understanding -Construction. The Parties each acknowledge, represent
and agree that they have read this Agreement, that they fully understand the terms thereof; that
they have had the opportunity to be fully advised by their legal counsel and any other advisors
with respect thereto; and that they are executing this Agreement after sufficient review and
understanding of its contents.
15. Dispute Resolution. In the event of any disagreement or dispute as to
interpretation or application of any terms or conditions of this Agreement, designated officials with
authority to resolve the matter from the Owner and City shall meet in person or by virtual means
within ten (10) business days after request from either party for the purpose of attempting, in good
faith, to resolve the disagreement or dispute. The meeting may, by mutual agreement be
continued to a further date certain in order to include any other necessary agencies with authority
over the dispute or disagreement, to obtain additional information, or to engage the services of
an agreed-upon mediator, the cost of which shall be borne equally by the City and Owner. In the
event this dispute resolution is unsuccessful, either party may proceed with an action in law or
equity brought before the Superior Court of the State of Washington, Snohomish County.
1 S. Specific Performance. During the Term of this Agreement as provided for in
Section 5, above, the Parties specifically agree that damages are not an adequate remedy for
breach of this Agreement and that the Parties are entitled to specific performance of all terms of
this Agreement by any Party in default hereof. No party shall be in default under this Agreement
unless it has failed to perform following written notice of default from the other party. Notice of
default shall allow the defaulting party thirty (30) days to cure or commence cure where thirty (30)
days is insufficient for a complete cure. Each notice of default shall specify the nature of the
alleged fault and the manner in which the default may be cured satisfactorily. A party not in default
under this Agreement shall have all rights and remedies provided by law or equity, including
without limitation: issuance of a stop work order, injunction, damages, action for specific
performance, or to require action consistent with this Agreement. Nothing herein will operate to
prevent either party from taking legal action regarding noncompliance that threatens public health,
safety or welfare prior to the expiration of the thirty (30) day cure period following notice of default.
No such action or preceding will operate to automatically terminate this Agreement, nor shall it
release either party from any promise or obligation herein nor shall it release either party from any
liability or obligation with respect to any breach of this Agreement occurring prior to the
commencement of any legal action by a party.
17. Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Washington, notwithstanding any conflicts of law provisions. Venue
will be in Snohomish County.
18. Notices. All notices and other communications required or otherwise provided for
by this Agreement shall be in writing and shall be given to the following persons:
CITY OF MARYSVILLE
Attention:
Community Development Director
Development Agreement -Page 12 of 26
NP ARLINGTON MIC INDUSTRIAL, LLC
Attention:
Nathaniel Hagedorn
80 Columbia Ave
Marysville, WA 98270
And to its Attorney:
4825 NW 41 st St. Suite500
Riverside, MO 64150
And to its Attorney:
City of Marysville City Attorney
Attn: Jon Walker
Johns Monroe Mitsunaga Kolouskova, PLLC
Attn: Duana Kolouskova
1049 State Street 11201 SE 81h Street, Suite 120
Marysville, WA 98270 Bellevue, Washington
The Parties may, from time-to-time, notify each other in writing of changes in the names and
addresses of persons to receive notices and communications and such changes shall become
effective upon receipt by the non-notifying Party. Notices shall be deemed received within three
days after being placed in the United States Mail, properly addressed and postage prepaid, or
upon personal delivery.
19. Attorney's Fees. If either Party institutes litigation against the other Party to
enforce any provision of this Agreement or to redress any breach thereof, the prevailing Party
shall be entitled to recover its costs and reasonable attorney's fees incurred in such litigation.
20. Severability. If any section, sentence, clause or phrase of this Agreement is
determined to be invalid or unconstitutional by any court of competent jurisdiction, the remaining
sections, sentences, clauses and phrases shall remain viable and in full force and effect.
21. Counterparts. This Agreement may be executed in counterparts, with each Party
sending a .pdf of its signature to the other Party via email transmission. This Agreement, when
fully executed and signature pages exchanged as provided herein shall be effective as the original
document.
22. Exhibits. This Agreement includes the following Exhibits:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Legal Description of the Property
Depiction of the Property
Conceptual Site Plan
Road Cross Sections
23. Future Agreements. Nothing herein shall restrict the City and the Owner from
agreeing to amend this Agreement or enter in to one or more additional Agreements relating to
this property provided that this Agreement supersedes and replaces all prior agreements,
discussions and representation on all subjects relating to the development of the Property.
Neither Party is entering into this Agreement in reliance on any oral or written promises,
inducements, representations, understandings, interpretations or agreements other than those
contained in this Agreement and the exhibits hereto.
24. Effect of Expiration or Termination. It is the intent of the Parties that the
requirements of this Agreement shall apply only during its term and to any permits or approvals
applied for or issued during its term. All conditions of any permit approvals shall continue to
apply, however, as long as the development approved by such permits remains on the Property.
Upon expiration as provided for in Section 4, all rights and obligations of the Parties under this
Agreement shall terminate and be of no further effect as follows.
Development Agreement -Page 13 of 26
24.1 Any development applied for prior to expiration or termination of this Agreement
but not yet approved or fully constructed shall continue to be bound and benefit
from the terms of this Agreement. All bonding and any ongoing maintenance
obligations and provisions shall continue in effect for their self-stated term based
on the provision of this Agreement. Any further building permits not yet applied
for or issued prior expiration or termination of this Agreement but subject to an
approved binding site plan shall continue to be reviewed, approved and
conditioned based on the terms of this Agreement, including all terms related to
bonding, SEPA mitigation and impact fees.
24.2 All development applied for after expiration or termination of this Agreement,
but part of the improvements identified by the Conceptual Site Plan shall be
required to satisfy any applicable concurrency requirements notwithstanding the
issuance of any concurrency certificate during the effective period of this
Agreement. Said development shall also be subject to SEPA review if not
previously completed and may be conditioned to mitigate any environmental
impacts of such development, notwithstanding any mitigation provided during
the term of this Agreement and the City shall not be required to credit any
mitigation provided during the term of this Agreement against any mitigation
subsequently determined necessary to mitigate the environmental impacts of
any development for which an application is submitted after expiration or
termination of this Agreement.
Development Agreement -Page 14 of 26
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date below.
CITY OF MARYSVILLE
Al· P:i~cJv
l\i\r. ~t-k-,-city Clerk
APPROVED AS TO FORM:
~~-~ , City Attorney
STATE OF WASHINGTON )
) SS.
COUNTY OF SNOHOMISH
I certify that I know or have satisfactory evidence that JON NEHRING 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
MARYSVILLE, to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
DATED: jU._VI e.. ll, h>v\
Development Ag reement -Page 15 of 26
SIGNATURES CONTINUED FROM PREVIOUS PAGE
NP ARLINGTON MIC INDUSTRIAL, LLC,
a Delaware limited liability company
By: NPD MANAGEMENT, LLC,
a Missouri limited liability compan
By:
Name: Nathaniel H
Its: Manager
By: NPE ARLINGTON MIC HOLDINGS, LLC,
a Missouri limited liability company, a member
By: NPD Management, LLC,
a Missouri limited liability company, Its Manager
By ~ Name: Nathaniel Hager
Its: Manager
By: NP ARLINGTON OZF, LLC,
a Missouri limited liability company, a member
By: NPD Management, LLC,
a Missouri limited liability company, Its
Manag:Y ~
Name: Nathaniel Hage
Its: Manager
By: NM QOZ FUND Ill, LLC ,
a Delaware limited liability company, a member
By: QOZ Holding Company, LLC, a Delaware limited liability company,
its sole member
By: The Northwestern Mutual Life Insurance Company, a
ACKNOWLEDGMENTS OF OWNER ON FOLLOWING PAGE
Development Agreement -Page 16 of 26
ACKNOWLEDGMENTS OF OWNER BEGIN HERE
STATE OF MISSOURI )
) SS.
COUNTY OF PLATTE )
I certify that I know or have satisfactory evidence that Nathaniel Hagedorn 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 Manager of
NPD Management, LLC, a Missouri limited liability company, a member of NP ARLINGTON MIC
INDUSTRIAL, LLC, a Delaware limited liability company, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
DATED: JVN 9J I J.,,nv\
STATE OF MISSOURI
COUNTY OF PLATTE
Printed: _ _,µ.~~=-..!..----'lo..JC:;..;...:=....:..=:..-1------
NOT ARY P BLIC in and for State of Missouri
My commission expires: ~ (\,)(\ 10 1 1.--D1.,.t:;
)
) SS.
)
SARAH ELIZABETH CANEDY
Notary Public -Notary Seal
Clay County • State of Missouri
Commission Number 21539433
My Commission Expires ..fan ZO, 2025
I certify that I know or have satisfactory evidence that Nathaniel Hagedorn 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 Manager of
NPD Management, LLC, a Missouri limited liability company, the Manager of NPE Arlington MIC
Holdings, LLC, a Missouri limited liability company, a member of NP ARLINGTON MIC
INDUSTRIAL, LLC, a Delaware limited liability company, to be the free and voluntary act of such
party fodhe uses and purposes mentioned in the instrument.
DATED: JV N. cp 1 'l.-01.--\
SARAH ELIZABETH CANEDY
Notary Public -Notary Seal
Clay County • State of Missouri
Commission Number 21539433
My Commission Expires Jan 20, 2025
-~ Printed: $OvYiv"' t:tv\l\iPlV}
NOTARY PUBLIC in and for State of Missouri
My commission expires: ~6\M 1A) I wi,,c:; I
ACKNOWLEDGMENTS CONTINUE ON FOLLOWING PAGE
Development Agreement -Page 17 of 26
ACKNOWLEDGMENTS CONTINUED FROM PREVIOUS PAGE
STATE OF MISSOURI )
) SS.
COUNTY OF PLATTE )
I certify that I know or have satisfactory evidence that Nathaniel Hagedorn 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 Manager of
NPD Management, LLC, a Missouri limited liability company, the Manager of NPE Arlington OZF,
LLC, a Missouri limited liability company, a member of NP ARLINGTON MIC INDUSTRIAL, LLC,
a Delaware limited liability company, to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
DATED: d\IY\P Cf> I 1---0 '],, \ Printed:~ C ll.!\.l!.ili.1
SARAH ELIZABETH CANEDY
Notary Public • Notary Seal
• Ctay County • State of Missouri ~ Commission Number 21539433
NOTARY PUBLIC in and for State of Missouri
My commission expires: J (Ak) 1d) 1 LO k t;
~ My Commission Expires Jan 20, 2025 .
REMAINDER OF PAGE LEFT BLANK;
ACKNOWLEDGMENTS CONTINUE ON FOLLOWING PAGE
Development Agreement -Page 18 of 26
ACKNOWLEDGMENTS CONTINUED FROM PREVIOUS PAGE
STATE OF WISCONSIN )
) SS.
COUNTY OF MILWAUKEE )
I certify that I know or have satisfactory evidence that Brenda J. Stugelmeyer is the
person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Vice President--Real Estate Counsel of The Northwestern Mutual Life
Insurance Company, a Wisconsin corporation, the sole member of QOZ Holding Company,
LLC, a Delaware limited liability company, the sole member of NM QOZ Fund Ill, LLC, a
Delaware limited liability company, a member of NP ARLINGTON MIC INDUSTRIAL, LLC, a
Delaware limited liability company, to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
DATED: June 4, 2021
Pn d: James L. McFarland
NOTARY PUBLIC in and for State of Wisconsin
My commission is pema"'""n""'e'-'-nt"---------
Development Agreement -Page 19 of 26
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
ADJUSTED PARCEL A:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 27, TOWNSHIP 31 NORTH, RANGE 5 EAST,
W.M.;
THENCE NORTH 89°49'46" EAST, A DISTANCE OF 20.01 FEET TO A POINT ON THE EASTERLY RIGHTOF-WAY
LINE OF 51ST AVE NE;
THENCE NORTH 2°00'51" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1273.16 FEET;
THENCE SOUTH 87°59'09" EAST, DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1127.00
FEET;
THENCE NORTH 2°00'51" EAST, A DISTANCE OF 89.60 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 2°00'51" EAST, A DISTANCE OF 659.91 FEET;
THENCE SOUTH 88°43'01" EAST, A DISTANCE OF 1504.62 FEET;
THENCE SOUTH 2°12'16" WEST, A DISTANCE OF 647.25 FEET;
THENCE NORTH 89°12'03" WEST, A DISTANCE OF 1502.68 FEET TO THE POINT OF BEGINNING.
ADJUSTED PARCEL C:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 27, TOWNSHIP 31 NORTH, RANGE 5 EAST,
W.M.;
THENCE NORTH 89°49'46" EAST, A DISTANCE OF 20.01 FEET TO A POINT ON THE EASTERLY RIGHTOF-WAY
LINE OF 51ST AVE NE;
THENCE NORTH 2°00'51" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 407.30 FEET
TO THE POINT OF BEGINNING;
THENCE NORTH 2°00'51" EAST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF
865.86 FEET;
THENCE SOUTH 87°59'09" EAST, DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1127.00
FEET;
THENCE NORTH 2°00'51" EAST, A DISTANCE OF 89.60 FEET;
THENCE SOUTH 89°12'03" EAST, A DISTANCE OF 1502.68 FEET TO A POINT ON THE NORTH/SOUTH
MIDSECTION LINE OF SECTION 27;
THENCE SOUTH 2°12'16" WEST, ALONG SAID NORTH/SOUTH MIDSECTION LINE OF SECTION 27, A
DISTANCE OF 647.25 FEET;
THENCE NORTH 89°41'07" WEST, DEPARTING SAID NORTH/SOUTH MIDSECTION LINE OF SECTION 27, A
DISTANCE OF 662.09 FEET;
THENCE SOUTH 2°09'20" WEST, A DISTANCE OF 652.83 FEET TO A POINT ON THE SOUTHERLY LINE OF
SECTION 27;
THENCE SOUTH 89°49'46" WEST, ALONG SAID SOUTHERLY LINE OF SECTION 27, A DISTANCE OF 1693.01;
THENCE NORTH 2°00'51" EAST, A DISTANCE OF 407.30 FEET;
THENCE SOUTH 89°49'46" WEST, A DISTANCE OF 272.20 FEET TO THE POINT OF BEGINNING.
PARCEL A: (310527-004-003-00)
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 27, TOWNSHIP 31
NORTH, RANGE 5 EAST, W.M., LYING WEST AND NORTH OF NORTHERN PACIFIC RAILROAD RIGHT-OF-
Development Agreement -Page 20 of 26
WAY; EXCEPT THAT PORTION LYING WITHIN THE MARYSVILLE AND NORTHERN RAILROAD RIGHT-OF-WAY.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
PARCEL C: (310527-001-003-00 AND 310527-004-003-00)
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER AND THE SOUTH HALF OF THE
NORTHEAST QUARTER, SECTION 27, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT 2002.4 FEET SOUTH OF IRON PIPE AT SOUTH QUARTER CORNER COMMON TO
SECTIONS 22 AND 27, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M.;
THENCE NORTH 89°141 EAST 1827.8 FEET TO THE WESTERLY LINE OF THE NORTHERN PACIFIC RAILROAD
RIGHT-OF-WAY;
THENCE SOUTH 30°05' WEST 2309.7 FEET ALONG SAID RIGHT-OF-WAY TO A POINT ON THE NORTH LINE
OF THE SOUTH HALF OF THE SOUTHEAST QUARTER, SECTION 27;
THENCE WEST 651.6 FEET TO A CEDAR POST;
THENCE NORTH 0°32' WEST 1975.2 FEET TO POINT OF BEGINNING; EXCEPT ROADS; ALSO EXCEPT THAT
PORTION LYING WITHIN THE MARYSVILLE AND NORTHERN RAILROAD RIGHT-OFWAY.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON
PARCEL D: (310527-003-005-00)
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 27, TOWNSHIP 31 NORTH, RANGE 5
EAST, W.M.;
EXCEPT THE SOUTH 407 FEET OF THE WEST 292 FEET THEREOF;
ALSO EXCEPT ROADS.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON
PARCEL E: {310527-003-009-00)
THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 31
NORTH, RANGE 5 EAST, W.M.; EXCEPT THAT PORTION LYING WITHIN THE MARYSVILLE AND NORTHERN
RAILROAD RIGHT-OF-WAY. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON
PARCEL F: (310527-003-008-00)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 27, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M. LYING NORTHWESTERLY OF THE
NORTHERN PACIFIC RAILROAD RIGHT-OF-WAY;
EXCEPT THAT PORTION LYING WITHIN THE MARYSVILLE AND NORTHERN RAILROAD RIGHT-OF-WAY.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON
PARCEL A: (310527-002-003-00)
THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP
31 NORTH, RANGE 5 EAST OF THE WILLAMETIE MERIDIAN, LYING WEST AND NORTH OF THE BURLINGTON
NORTHERN RAILROAD RIGHT OF WAY AS CONVEYED TO NORTHERN PACIFIC RAILWAY COMPANY, A
WISCONSIN CORPORATION BY DEED RECORDED UNDER RECORDING NUMBER 190836, RECORDS OF
SNOHOMISH COUNTY, WASHINGTON.
PARCEL B: (310534-002-006-00)
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 31 NORTH,
RANGE 5 EAST OF THE WILLAMETIE MERIDIAN;
Development Agreement -Page 21 of 26
EXCEPT A STRIP OF LAND ADJOINING THE EAST LINE THEREOF, BEING 58 FEET WIDE, MORE OR LESS, ON
THE NORTH END AND 36 FEET WIDE, MORE OR LESS, ON THE SOUTH END AS CONVEYED TO MARY A.
NORBERG BY DEED RECORDED UNDER AUDITOR'S FILE NO. 354394, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON;
EXCEPT THE WEST 220 FEET OF THE NORTH 250 FEET THEREOF;
AND EXCEPT THE WEST 20 FEET AND THE SOUTH 15 FEET THEREOF AS CONVEYED TO SNOHOMISH
COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER AUDITOR'S FILE NO. 308936, RECORDS OF
SNOHOMISH COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
PARCEL B: {310534-002-004-00)
THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP
31 NORTH, RANGE 5 EAST OF THE WILLAMETIE MERIDIAN, LYING WEST OF THE BURLINGTON NORTHERN
RAILROAD RIGHT OF WAY AS TAKEN BY DECREE OF APPROPRIATION IN STATE OF WASHINGTON SUPERIOR
COURT UNDER CAUSE NUMBER 13373 AND RECORDED UNDER RECORDING NUMBER 193578, RECORDS
OF SNOHOMISH COUNTY, WASHINGTON; LESS COUNTY ROAD.
PARCEL C: {310534-002-007-00, 310534-002-008-00)
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 31 NORTH, RANGE 5 EAST
OF THE WILLAMETIE MERIDIAN;
EXCEPT THE NORTH 653 FEET OF THE EAST 583 FEET THEREOF;
AND EXCEPT THAT PORTION LYING SOUTHEASTERLY OF THE BURLINGTON NORTHERN RAILROAD RIGHT
OF WAY AS CONVEYED TO NORTHERN PACIFIC RAILWAY COMPANY, A WISCONSIN CORPORATION BY
DEEDS RECORDED UNDER AUDITOR'S FILE NOS. 193479 AND 193480, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON;
AND EXCEPT THE NORTH 20 FEET THEREOF AS CONVEYED TO SNOHOMISH COUNTY FOR ROAD PURPOSES,
DEED RECORDED UNDER AUDITOR'S FILE NO. 375485, RECORDS OF SNOHOMISH COUNTY, WASHINGTON;
AND EXCEPT THE WEST 20 FEET THEREOF AS CONVEYED TO SNOHOMISH COUNTY FOR ROAD PURPOSES,
DEEDS RECORDED UNDER AUDITOR'S FILE NO. 308936 AND 375486, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
PARCEL C: (310534-002-005-00)
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 34, TOWNSHIP 31 NORTH, RANGE 5 EAST OF THE WILLAMETIE MERIDIAN;
THENCE WEST 58 FEET;
THENCE SOUTHERLY TO A POINT 36 FEET WEST OF THE SOUTHEAST CORNER OF SAID NORTHWEST
QUARTER OF THE NORTHWEST QUARTER;
THENCE EAST 36 FEET;
THENCE NORTH TO THE POINT OF BEGINNING;
EXCEPT THE SOUTH 15 FEET THEREOF AS CONVEYED TO SNOHOMISH COUNTY FOR ROAD PURPOSES,
DEED RECORDED UNDER RECORDING NUMBER 308936, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON.
PARCEL D: (310534-003-003-00)
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP
31 NORTH, RANGE 5 EAST OF THE WILLAMETIE MERIDIAN, LYING WEST OF THE BURLINGTON NORTHERN
RAILROAD RIGHT OF WAY AS CONVEYED TO THE NORTHERN PACIFIC RAILWAY COMPANY, A WISCONSIN
Development Agreement -Page 22 of 26
CORPORATION BY DEEDS RECORDED UNDER AUDITOR'S FILE NO. 193479 AND 193480, RECORDS OF
SNOHOMISH COUNTY, WASHINGTON, AND LYING NORTH OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 34, TOWNSHIP 31 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, THAT
IS 30 FEET EAST OF THE CENTERLINE OF THE EXISTING COUNTY ROAD;
THENCE NORTH 05°05'04" EAST, PARALLEL TO AND 30 FEET DISTANT FROM SAID CENTERLINE A DISTANCE
OF 605.50 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE;
THENCE SOUTH 87°56'01" EAST TO THE WESTERLY MARGIN OF THE BURLINGTON NORTHERN RAILROAD
RIGHT OF WAY AND THE TERMINUS OF THE LINE;
AND EXCEPT THE WESTERLY 20 FEET THEREOF AS CONVEYED TO SNOHOMISH COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER AUDITOR'S FILE NO. 375486, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON
Development Agreement -Page 23 of 26
EXHIBIT B
DEPICTION OF THE PROPERTY
I. ,.
LDC I Surveying
Englneerln.g
Planning
SCALE: 1" = 1000'
-~-----------------1----1 1000' 0 1000' 2000'
CASCADE INDUSTRIAL CENTER
CITY Of MNMWll.1.E PROPERTY EXHIBIT
A PORTION OF SEC 27 ANO SEC 3~. 1WN 31 N, RGE 5 E, W.M.,
20210 ~~~::.e NE 1851 Centro! Pl s,11101 Cl1Y Of MARYSV!Uf, SNOHOMISH COUNTY, WASHINGTON
Woadlnvtue,WA90072 .~.;!.:!VA980:W _ ORAWN fJY; OAT£: ORAW/NG FIL£ NAM£: SCALE: JOB NUMBER.
T42SJI06.1llf;) w-.LDCcorp.rom F4;?SAIU.21193 NSY 4-8-21 C20-133V-EX 1•=30' C20-133
Development Agreement -Page 24 of 26
EXHIBIT C
CONCEPTUAL SITE PLAN
Development Agreement -Page 25 of 26
R/11
12'
EXHIBIT D
ROAD CROSS SECTIONS
I/IN. "J' tolff'.IC!ED !lEl'TII 1/!t ~ATISllCIL HIM l'tl &1-22
wtff~t<P1l1<Sl'1l.'J.11RtA1!l>WECC\IRS£(.<te)
; COllPlmtD llfl'!ll CRU5!fD ~ ll\S[ OOO!ISf
59TH AVE NE & 160TH ST NE SECTION
SCll.f! r-10'
IT
Note 1: Above graphic shows "westbound" and "eastbound" directions for 1601h Street NE. For
59th Avenue NE, "westbound"= southbound, and "eastbound"= northbound.
Note 2: Where 59th Avenue NE abuts the Edgecomb Creek stream corridor, the multi-modal
trail within the stream buffer may be used instead of providing the multi-modal trail within the
right-of-way on the east side of 59th Avenue NE.
,..
51'
•ff
"' 0,5· QJPB tr
Development Agreement -Page 26 of 26
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