HomeMy WebLinkAbout20120605001356 DED OF OPEN SPACE FOR WELAND CONSERV 06/01/2012I
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FIRST RICANW
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Retum Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
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2012060500135b
FIRST AMERICAN MISC 70 00
PAGE-001 OF 009
06/05/2012 16 15
KING COUNTY, WA
Above this line reserved for recording information.
TION OF OPEN SPACE FOR WETLAND CONSERVATION
Reference # (if applicable): N/A
Dedicator & Grantee: City of Auburn
Legal Description/STR. SW 1/4 Section 12, T2 IN, R4E and NW 1/4
Section 13, T2 IN, R4E
Formerly Assessor's Tax Parcel ID# 1221049013 ,1321049003,1321049004
THIS DEDICATION OF OPEN SPACE FOR WETLAND
CONSERVATION (referr d to It as "Dedication ") is made and entered
into this /� day of 2012, by the CITY OF AUBURN, a
Washington Municipal C oration organized under Title 35A RCW, hereinafter
referred to as the "CITY"
WHEREAS, the CITY 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 Dedication and burdened in perpetuity with this
Dedication (the "Subject Property ");
WHEREAS, the CITY or the representative of the CITY executing this
lication has the authority to burden the Subject Property for the purpose of
sting a perpetual non - exclusive wetland conservation dedication (the
:dication of Open Space for Wetland Conservation ") with respect to certain
land areas legally described and depicted on Exhibit `B" attached hereto and
lrporated herein by reference (the "Wetland Mitigation Property ") located on
Subject Property; GOLW Wf UW10a,GO,ti
NO l i►aLUff POk VALWff MID / t/R
j,4@ AcT lS9UL*!iD $! Rlilif R!Y �
Space For Wetland Conservation Dedication
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WHEREAS, in order to satisfy the requirements of the United States Army
Corps of Engineers Permit Number NWS- 2008 -896 and the Department of
Ecology Water Quality Certification Order #8167 in connection with the
conditions imposed upon the CITY for the A Street NW Extension, Phase 1
Project, the City agrees to record this Dedication to preserve the quality of
wetlands for the benefit of public health, safety, and welfare;
WHEREAS, it is understood that preservation of the quality of wetlands is
essential to maintaining a quality environment, maintaining quality water
resources, and the preservation of wildlife, and that preservation of the quality of
wetlands is in conformity with the CITY'S Comprehensive Plan;
WHEREAS, the CITY has acknowledged the important environmental value
his Dedication and agrees not to undertake any activity which will in any way
nconsistent with the preservation of the wetland or the quality of the wetlands
he Subject Property without appropriate mitigation for said disturbances;
NOW, THEREFORE, in consideration of issuance of the above - mentioned
permit and the benefits to be derived, the CITY hereby dedicates in perpetuity,
open space for wetland conservation, for the benefit of the public, as follows:
1 AUTHORITY TO BURDEN SUBJECT PROPERTY The CITY 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 for the
benefit of the public.
2. NO MERGER. The rights that are set forth herein are usually secured by
means of an easement, but in this instance there is no separate legal entity to
which the City can grant such an easement. Since an easement granted by an
entity to itself would merge into the fee ownership, it would have no legal
effect. The City intends by recording of this Dedication to provide actual and
constructive notice to the successors, assigns, purchasers, transferees, and
lessees of the Subject Property of the restrictions imposed by this dedication.
3 DEDICATION IN PERPETUITY The CITY intends that the restrictions
contained in this Dedication not merge into the fee title and thereby be
removed or eliminated. The CITY hereby dedicates in perpetuity and
covenants that the Dedication shall run with the land included in the Subject
Property legally described in Exhibit "A" attached hereto. This Dedication
shall burden the Subject Property and benefit the CITY and public.
Open Space For Wetland Conservation Dedication
Page 2 of 9
4
5
A
HEIRS, SUCCESSORS, AND ASSIGNS. This Dedication shall be
binding on the City's heirs, successors and assigns.
SCOPE OF DEDICATION This Dedication shall allow the CITY to
enter upon the Subject Property for the purposes of constructing, monitoring,
maintaining, preserving, and enhancing the Wetland Property legally
described on Exhibit `B" attached hereto. The CITY covenants not to in any
way impair or interfere with the function and use of the Wetland Property, and
the CITY further covenants to take reasonable and necessary steps to restrict
access to the Wetland Property and prohibit construction of any structures or
artificial surfaces within the Wetland Property inconsistent with the
preservation of the wetland or the quality of the wetlands. No activity of any
kind may take place within the Wetland Property without the prior approval
by the City of Auburn Director of Planning and Development. The CITY
shall be permitted to enter onto the Subject Property at all reasonable times to
monitor and maintain the Wetland Property or wetland functions such as
recharge, conveyance or storage of stormwater
PROHIBITED USES OF WETLAND PROPERTY The CITY shall not
undertake, nor cause to be undertaken any activity or use of the Wetland
Property which is inconsistent with the purpose, scope, or intent of this
Dedication, nor inconsistent with wetland functions such as: recharge,
conveyance, or storage of stormwater; mitigation measures required; and
vegetative enhancement or protection.
The following activities shall not occur within the Wetland Property, with the
exception of those activities that are specifically considered a construction or
maintenance component of the mitigation plan, are shown in the construction
documents approved as part of the Permits, or are part of the adaptive
management of the mitigation site:
(a) Removal, excavation, or disturbance of the soil;
(b) Dumping or filling with any materials;
(c) Installation of structures inconsistent with the preservation of the wetland
or the quality of the wetlands;
(d) Placement of pavement or other impervious surface;
(e) There shall be no removal, destruction or cutting of native trees or plants,
introduction of non - native or invasive animals and plants, grazing of domestic
animals, or disturbance or change in the natural habitat in any manner, except
as provided for by applicable law
(f) The use of fertilizers or pesticides that are not specifically approved for use
by applicable law;
Space For Wetland Conservation Dedication
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(g) Taking any action to alter the hydrology of the Wetland Property that is
not specifically permitted under applicable law
The Wetland Property, including its air space and its subsurface, and any
portion thereof shall not be included as part of the gross area of other property
not subject to this Dedication for the purpose of determining density, lot
coverage, or open space requirements, under otherwise applicable laws,
regulations or ordinances controlling land use and building density
There shall be no other acts or uses detrimental to the preservation of the
Wetland Property, including its air space and its subsurface in their natural
state as a valuable component of a wetlands ecosystem.
RESERVED RIGHTS. The CITY reserves to itself all rights, title,
interest, and obligations incident to ownership of the Subject Property and
Wetland Property
ENFORCEMENT In the event that the CITY is no longer the owner of
the Wetland Property and a violation of the terms of this Dedication is noted
to the CITY in writing, the CITY shall notify the then - current owner that the
owner has thirty (30) days from receipt of said notice to cure the violation. If
the owner does not cure the violation, the CITY may initiate an enforcement
action as provided for by law The CITY, at its option, may take action to
preserve and protect the Wetland Property or its wetland function, after first
giving written notice, to protect the wetland, and, in such case, the reasonable
expenses incurred by the CITY shall be recoverable from the party that is
found to be in violation of this Dedication.
COSTS AND LIABILITIES. The CITY retains all responsibilities and
will bear all costs and liabilities of any kind related to or incidental to the
ownership of the Wetland Property and agrees to pay all assessments and
taxation (if any) against said Wetland Property assessed by any governmental
authority as they become due for as long as the CITY remains the fee owner
of the Wetland Property
RECORDATION. The CITY agrees to incorporate the terms of this
Agreement in any deed, lease or other agreement which divests the CITY of
any interest in any portion of the Subject Property The CITY shall record this
Dedication immediately in the Office of the King County Department of
Records and Elections.
Space For Wetland Conservation Dedication
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CONSTRUCTION This Dedication shall be liberally construed to effect
the purpose and intent hereof.
SEVERABILITY If any provision of this Dedication is ruled invalid or
unenforceable for any reason by a court of competent jurisdiction, the
remaining provisions hereof shall remain in force and effect.
Dedication shall be effective as of the date first written above.
f OF a unici al corporation
Peter B. Lewis
Mayor
TE OF WASHINGTON)
) ss
NTY OF KING )
rtify that I know or have satisfactory evidence that Peter B. Lewis was the
on who appeared before me, and said person acknowledged that they signed
instrument, on oath stated that they were authorized to execute the instrument
acknowledged it as the MAYOR of the CITY OF AUBURN to be the free
voluntary act of said city for the uses and purposes mentioned in this
NO
N
-_ -� n a e lie C J as C�
W m °ti ' Q4 o Notary Public in and for the State of Washington
4 > %,,'y ^ O c Residing at � u /a- d&c J el lf-
/ / /i �i °n ....1;�A4�'` My appointment expires:
ttt4 Q S `k
Space For et and Conservation Dedication
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Exhibit A
A 5T NW Extension — Wetland Mitigation
Parcel A (I er Statutory Warranty Deed Recording Number 20000113000697) (Tax Lot 122104 -9013)
The Southeast Quarter of the Southwest Quarter of Section 12, Township 21 North, Range 4 East, W.M.,
in King County Washington;
Except the'east 100 feet thereof as conveyed to Seattle- Tacoma Interurban Railway by deed recorded
under recording number 209774,
And Excep I that portion condemned for State Highway purposes (SR 167) under King County Superior
Court Cause 718093.
Parcel B (per Statutory Warranty Deed Recording Number 9612121035) (Tax Lot 132104 -9003 & 9004)
Lot 1 of Auburn Lot Line Adjustment No. 0026 -94 recorded January 31, 1995 under King County
Recording Number 9501310691, being known as:
That portion of the Northeast 1/4 of the Northwest 1/4 of Section 13, Township 21 North, Range 4 East,
W.M., in King County Washington, lying west of Clay Street NW
Situate in the City of Auburn, County of King, State of Washington.
Rl01G
The Northwest 1/4 of the Northwest 1/4 of Section 13, Township 21 North, Range 4 East, W.M., in King
County Washington;
Except that portion conveyed to the State of Washington for State Highway No. SR 167 by deed
recorded under d King County Recording No. 6611997,
Together with the north 30 feet, as measured along the easterly line of that portion of the Northeast 1/4
1
of the Northeast 1/4 of Section 14, Township 21 North, Range 4 East, W.M., lying easterly of SR 181
(West Valley Highway);
Situate in the City of Auburn, County of King, State of Washington.
Wetland Mdig \Exhibit A City -Owned Parcels.doa 5/30/2012
Exhibit B
A ST NW Extension — Wetland Mitigation
Easement Description — Wetland Mitigation Property
That portion of the hereinabove described Exhibit A, Parcel A lying southerly of the following described
line:
at the South Quarter Corner of Section 12, , Township 21 North, Range 4 East, W.M.,
Thence N 6 1°12'33 "E along the east line of the Southwest Quarter of said Section 12 a distance of
792.35 feet to the point of beginning of said line;
Thence N 86 °15'15 "W a distance of 1282.54 feet, more or less, to the east margin of SR 167 and the
terminus of this line.
Together with that portion of the hereinabove described Exhibit A, Parcel B described as follows:
Beginning at the most northerly northeast corner of Lot 1 of Auburn Lot Line Adjustment No. 0026 -94
recorded January 31, 1995 under King County Recording Number 9501310691, said beginning being at
the intersection of the North line of the Northwest 1/4 of Section 13, Township 21 North, Range 4 East,
W.M., and the west margin of Clay Street NW;
Thence N 89 °50'36 "W a distance of 73.44 feet;
Thence S 86 °07'44 "W a distance of 90.36 feet;
Thence N 83 °48'06 "W a distance of 86.13 feet;
Thence 5 87, °35'54 "W a distance of 93.54 feet;
Thence N
Thence N
Thence S
Thence S
Thence N
Thence S
a distance of 70.43 feet;
a distance of 106.58 feet;
a distance of 47.39 feet;
a distance of 26.38 feet;
a distance of 186.84 feet;
a distance of 73.13 feet;
1
Thence N 28 °56'24 "W a distance of 46.11 feet to a point on easterly margin of SR 167, said point being
at the beginning of a non - tangent curve to the left having a radius of 5890.00 feet (a radial line through
said beginning bears N 80 °48'01 "W);
Thence nor herly along said curve and along said easterly margin through a central angle of 00 °16'48"
an arc distance of 28.79 feet to the north line of the Northwest 1/4 of Section 13, Township 21 North,
Range 4 East, W.M., in King County Washington;
Thence along said north line and along the north line of Said Lot 1, S 86 °15'15 "E a distance of 852.14
feet to thelpoint of beginning.
The basis of bearings for these descriptions is Record of Survey recorded October 3, 2008 under
Recording
20081003900003, records of King County, Washington.
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Wetland Mrtig \Exhibit B A ST NW Mitig Legals.docx 5/30/2012
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