The URL can be used to link to this page

Home My WebLink AboutFAC23-0009 Conservation Easement AgreementInstrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -1 of 10 Record Date:2/28/2024 8:30 AM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY HOLLY FERGUSON, DEPUTY R.etum Address: City of Auburn City Cleric 25 West Main Auburn, WA 98001 Above this line reserved for recording information. CONSERVATION EASEMENT AGREEMENT (for wetland, wetland buffers, stream, and strewn buffers) Reference # (if applicable): N/A Grantor/Borrower: Elaine and Joesph Green Grantee/Assignee/Beneficiary: City of Auburn Legal Description/ST.R: Section 32 Township 21N Range 5E Assessor's Tax :Parcel ID#: 322205-9180 THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this _qday of okiu art 20q, by and between ELAINE AND JOESPIT GREEN, hereinafter referred to as " :rRANTOR", and the CI'T'Y 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, Icing County, Washington, legally described on. Exhibit `A' attached hereto and incorporated herein by reference, which property is intended to be subject to this Agreement and burdened in perpetuity by this Agreement (the "Subject Property"); WHEREAS, the GRANTOR or the representative of GRANTOR executing this Agreement has the authority to burden the Subject Property for the purpose of granting the CITY a perpetual non-exclusive wetland and stream conservation easement (the "Conservation. Easement") with respect to certain wetland, wetland buffer, stream and stream 'buffer areas legally described on Exhibit `B' attached hereto and. incorporated herein by reference (the "Wetland and Stream Property") located on the Subject Property; WHEREAS, it is mutually agreed that this Agreement be entered into to preserve the quality of wetland and streams for the benefit of public health, safety, and welfare; WHEREAS, it is mutually agreed that preservation of the quality of wetland and stream areas are essential to maintaining a quality environment, maintaining quality water resources, and the preservation of wildlife, and that preservation of the quality of wetlands and 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 FAC23-0009 Conservation Easement Agreement Page 1 of 10 Instrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -2 of 10 Record Date:2/28/2024 8:30 AM King County, WA WHEREAS, GRANTOR. acknowledged the important environmental value of the Conservation Easement and agrees not to undertalce any activity which will in any way be inconsistent with the preservation of the wetland and stream, and associated buffer areas or the quality of the wetland and stream, and associated buffers on the Subject Property; NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties hereby agree as follows: 1. AUTHORITY TO BURDEN SUBJECT PROPERTY. GRANTOR is the owner in fee simple of the Subject Property referred to above and. has full power and authority to burden the Subject Property in perpetuity with this Conservation Easement. 2. GRANT OF EASEMENT IN PERPETUITY. GRANTOR hereby grants the non- exclusive Conservation Easement set forth herein to the CITY in perpetuity and covenants that the Conservation Easement shall run with the land included in the Subject Property legally described in Exhibit 'A' attached hereto. The Conservation Easement shall burden. the Subject Property and benefit the CITY and public. 3. HEIRS, SUCCESSORS, AND ASSIGNS. The Conservation Easement shall be binding on the officers, directors, shareholders, members, partners, employees, agents, personal representatives, heirs, successors, and assigns of the parties. 4. SCOPE OF EASEMENT. The Conservation Easement granted hereunder shall allow CITY to enter upon the Subject Property for the purposes of monitoring, maintaining, preserving, and enhancing the Wetland and Stream. Property legally described on Exhibit `13' attached hereto. GRANTOR covenants not to in any way impair or interfere with the -function and use of the Wetland and Stream Property, and GRANTOR further covenants to take reasonable and necessary steps to restrict access to the Wetland and Stream Property and prohibit construction of any structures or artificial surfaces or alteration of any vegetation within the Wetland and Stream Property. No activity of any kind may take place within the Wetland and stream Property without prior approval by the City of Auburn Director of Planning and Community Development. The CITY shall be permitted to enter onto the Subject Property at all reasonable times to monitor and maintain the Wetland and Stream Property or wetland and stream -.,Functions such as recharge, conveyance, or storage of stormwater, The CITY shall not unreasonably interfere with the ownership, possession, use, or enjoyment by GRANTOR or GRANTOR'S tenants of the Subject Property when entering the Subject Property to perform the permitted functions described herein. 5. PROHIBITED USES OF WETLAND AND STREAM PROPERTY. GRANTOR shall not undertake, nor cause to be undertaken any activity or use of the Wetland and Stream Property which is inconsistent with. the purpose, scope, or intent of this Agreement, nor inconsistent with wetland and stream functions such as: recharge, conveyance, or storage of stormwater; mitigation measures required; and vegetative enhancement or protection. FAC23-0009 Conservation Easement Agreement Page 2 of 10 Instrument Number: 20240228000172 Document:EAS Rec: S312.50 Page -3 of 10 Record Date:2/28/2024 8:30 AM King County, WA 6. RESERVED RIGHTS. The GRANTOR reserves to itself all rights, title, interest, and obligations incident to ownership of the Subject Property and Wetland and Stream Property except those rights and interests expressly conveyed to the CITY hereunder and those obligations expressly undertaken by the CITY hereunder. 7. ENFORCEMENT. In the event the CITY determines that GRANTOR is in. violation of the terms of this AGREEMENT, and an enforcement action is initiated, the prevailing party in such action shall be entitled to recover reasonable attorney's fees and costs incurred in. prosecuting or defending against such enforcement action, in addition to any other remedy or relief obtained, The CITY, at its option, may take action to preserve and protect the Wetland and Stream Property or its wetland and stream functions, after first giving GRANTOR written notice and after GRANTOR'S failure to cure within a reasonable time which reasonable time shall not exceed 30 days after notice unless the parties agree otherwise, to protect the wetland and stream, and, in such case, the reasonable expenses incurred by the CITY shall be recoverable from GRANTOR if GRANTOR is found to be in violation of this Agreement. 8. NON -WAIVER OF BREACH. No omission or failure by the CITY to exercise or enforce any of its rights tinder this Agreement or to enforce any breach hereof, nor any forbearance granted by the CITY, shall be deemed or construed as a waiver by the CITY of such rights or a discharge of liability for any breach by GRANTOR of the terms hereof. Nor shall any delay by the CITY 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 CITY'S right to pursue its remedies, 9. COSTS AND LIABILITIES. Except as provided in Paragraph 4 of this Agreement above, GRANTOR. retains all responsibilities and will bear all costs and liabilities of any kind related to or incidental to the ownership of the Wetland and Stream Property and agrees to pay all assessments and taxation (if any) against said Wetland and Stream Property assessed by any governmental authority as they become due. 10. 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 including, without limitation, the Wetland anal Stream Property to the fullest extent permitted by law. Furthermore, GRANTOR agrees to indemnify, hold harmless and defend the CITY from and against any liabilities, penalties, costs, losses, damages, expenses, causes of action, claims demands or judgments, including, reasonable attorney's fees, arising from or relating to any third -party claim which challenges GRANTOR'S right to execute and deliver this Agreement. FAC23-0009 Conservation Easement Agreement Page 3 of 10 Instrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -4 of 10 Record Date:2/28/2024 8:30 AM King County, WA 11. RECORDATION, GRANTOR agrees to incorporate the terms of this Agreement in any deed, lease (other than residential apartment leases entered into in the ordinary course of GRANTOR'S business) or other agreement which divests GRANTOR of any interest in any portion of the Subject Property. GRANTOR shall record this Agreement immediately in the Office of the King County Department of Records and Elections, 12. CONSTRUCTION. This Agreement shall be liberally construed to affect the purpose and intent hereof. 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. FAC23-0009 Conservation Easement Agreement Page 4 of 10 Instrument Number: 20240228000172 Document:EAS Rec: S312.50 Page -5 of 10 Record Date:2/28/2024 8:30 AM King County, WA PROPERTY OWNER(S): STATE OF WASHINGTON) )ss. COUNTY OF DING ) I certify I know pr have sa isfactory evidence that U�tiAZ— and are the persons who appeared before me, and said individuals acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. GIVEN under my hand and official seat this7day of , 2024. ROBERT SCAVOFTO Notary Public: State of Washington Commission # " i ,87 Nota Publi i a for t State f Washin ton r X My comm. Expires Apr 17, 2024 Residing at �� b My appointment expires FAC23-0009 Conservation Easement Agreement Page 5 of 10 W R STATE OF WASHINGTON) )ss. COUNTY OF DING ) I certify I know pr have sa isfactory evidence that U�tiAZ— and are the persons who appeared before me, and said individuals acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. GIVEN under my hand and official seat this7day of , 2024. ROBERT SCAVOFTO Notary Public: State of Washington Commission # " i ,87 Nota Publi i a for t State f Washin ton r X My comm. Expires Apr 17, 2024 Residing at �� b My appointment expires FAC23-0009 Conservation Easement Agreement Page 5 of 10 Instrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -6 of 10 Record Date:2/28/2O24 8:30 AM King County, WA CITY OF AUBURN Jason I srrm, Director of the Dcpartn7ent ofComr iunity STATE OF WASHINGTON) )ss. COUNTY OF KINCJ ) �a nient� rpt: I certify that I know or have satisfactory evidence that JASON ICRUM is the per -son who appeared before tile, and said person acknowledged that he signed this instrurnern, «n oath Stated that he was authorized to execute the instrument and acknowledged it as the DIREC'TOR OF THE DEPARTMENT 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 ,0 P FAC'23-0009 Conservation Easement ,Agreement Page 6 of 10 Instrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -7 of 10 Record Date:2/28/2024 8:30 AM King County, WA EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY THAT .PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 32, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHEAST QUARTER. OF SAID SECTION 32; THENCE SOUTH 00056'57" WEST ALONG THE EAST LINE OF SAID SECTION 32 A DISTANCE OF 657.90 FEET TO THE NORTHEAST CORNER OF TIIE SAID SOUTH HALF AND THE POINT OF BEGINNIG; THENCE NORTH 88024'20" WEST ALONG THE NORTH LINE OF THE SAID SOUTH HALF A DISTANCE OF 504.49 FEET; THENCE SOUTH 01028`1.0" WEST A. DISTANCE OF 658.97 FEET TO THE SOUTH LINE OF THE SAID SOUTH HALF; THENCE ALONG THE SAID SOUTH LINE SOUTH 88°31'50" EAST A DISTANCE OF 510.46 FEET TO THE SOUTHEAST CORNER OF THE SAID SOUTH HALF AND THE EAST LINE OF SAID SECTION 32; THENCE NORTH 00"56'57" EAST A DISTANCE OF 657.90 FEET TO TIIE NORTHEAST CORNER OF THE SAID SOUTH HALF AND THE POINT BEGINNING,- EXCEPT EGINNING; EXCEPT THE EAST 30 FEET FOR ROAD (116TH: AVE SE) PER KING COUNTY SHORT PLAT 6008 UNDER RECORDING NUMBER 20170613000031. (ALSO KNOWN AS NEW PARCEL C OF BOUNDARY LINE ADJUSTMENT NO. BLA 16- 0007 RECORDED ON MARCH 01, 2018 AS RECORDING NUMBER 20180301.900034, IN THE OFFICIAL RECORDS OF KNGCOUNTY, WASHINGTON.) FAC23-0009 Conservation Easement Agreement Page 7 of 10 Instrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -8 of 10 Record Date:2/28/2024 8:30 AM King County, WA EXHIBIT IS CONSERVATION EASEMENT ACROSS PAKE-1, NO, 3222059 80) THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER, OF THE SOUTHEAST QUARTER OF SECTION 32 IN TOWNSHIP 22 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 32; THENCE SOUTH 00"57'01" WEST ALONG THE EAST LINE OF SAID SECTION 82, A DISTANCE OF 657.97 FEET TO THE NORTHEAST CORNER OF THE AFORESAID SOUTH HALF; THENCE NORTH 8901VIV WEST, 286.49 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 8&*24'16` WEST, 218.01 FEET, THENCE SOUTH 01"28'12" WEST, SS ,TIS FEET; THENCE SOUTH 88031'47- EAST, 238-48 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE WESTERLY, FROM WHICH THE RADIUS POINT SEARS SOUTH 86-,43,57- WEST, A DISTANCE OF 110.00 FEET; THENCE NORTHERLY AND COUNTERCLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11002'11#', A DISTANCE OF 21.19 FEET TO THE BEGINNING OF A NOW TANGENT CURVE, CONCAVE NORTHWESTERLY, FROM WHICH THE RADIUS POINT BEARS NORTH 54"21YSI" WEST, A DISTANCE OF 1%00 FEET; THENCE NORTHEASTERLY AND COUNTERCLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34036'30", A DISTANCE OF 66.44 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY, FROM, WHICH A RADIUS POINT BEARS SOUTH 20-47'55" EAST, A DISTANCE OF 100.00 FEET; THENCE EASTERLY AND CLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 76*02'32", A DISTANCE OF 132.72 FEET; THENCE SOUTH 88"31'44!' EAST, 97.72 FEET; THENCE NORTH OV56'06' EAST, 310.33 FEET; THENCE NORTH 89045'11- WEST, 69,08 FEET; THENCE NORTH 08"14'59- WEST, 141.42 FEET; THENCE SOUTH 84"37'25" WEST, 82.40 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY, FROM WHICH A RADIUS POINT BEARS NORTH 47"4V29- WEST, A DISTANCE Of 100 00 FEET; THENCE SOUTHWESTERLY AND CLOCKWISE ALONG THE ARC OF SAID CURVE THRCiUGH A CENTRAL ANGLE OF 49*46'58", A DISTANCE OF $6.89 FEET; THENCE NORTH lr2646' WEST, 42.66 FEET; 2601 Sotith 36th St, #200 1 Tacoma, WA 98409 1 speftn9inewhigillnet 1 (263147 494 VF FAC23-0009 Conservation Easement Agreement Page 8 of 10 Instrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -9 of 10 Record Date:2/28/2024 8:30 AM King County, WA EXHIBIT B CONSERVATION EASEMENT (ACROSS PARCEL NO, 222059180) THENCE NORTH 00025`56" WEST, 8539 PEST TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE WESTERLY, FROM WHICH A RADIUS POINT DEARS NORTH 52045'12- WEST, A DISTANCE 0R 110.00 FEET, THENCE NORTHERLY AND COUNTERCLOCKWISE ALONG TIME ARC OF SAID CURVE THROUGH A CENTRAL ANGLE CSR 43°37'32", A DISTANCE OF $3.75 FEET TO THE POINT OF BEGINNING; (CONTAINING 236,570 SQUARE FEET, MORE OR LESS) TIMOTHY J.1 MCDANIEL, L, R.L,S. WASHINGTON STATE AEGISTRATI iN NO. 45792 'AGE 2 OF 2601 South 35th St. #200 1 Tacoma, SVA 98409 1 I is rin , t 1 0) 473449A FAC23-0009 Conservation Easement Agreement Page 9 of 10 Instrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -10 of 10 Record Date:2/28/2O24 8:30 AM King County, WA THAT PORTION OF THE SOM QUARTER SWVOK St. TOWNSHM UNE MOLE E BEARING DISTANM L17 N8812410 286.49 ` 1.18 N8820161 . 218 01 Lit 601wirw 059.06 1.20 1x'31OT ;138.48 t21 $011441 97.72 L22 N00'86 Oef 310,E L23 t489'46'11'"W 69.E 1,24 N0814191 141.4.2 L25 S84'3i25"W OZ40 M N147W4 "W 4M 7 '11W ,9 1.28 886'057V 110,w L229 N5470'51*W 110.00 1 0 fi120"VWW 100.00 - 01 ` N4i�ii W, ' 100.0€1 C EAST QUARTER. OF TO SOUTHEAST G T or ME A"i"m R SI, MWydn-.n. FAC23.0009 Conservation Easement Agreement Page 10 of 10 TN 322208908"/ fSE 282lvD Sr1 r'00 322=9180 0'N 3222059108 I'D .. . L30-, TPN 18416003070 ff = w ! ff JW 04LA ,451 a =S