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Home My WebLink About20220426000044 Stream Buffer Conservation Easement AgreementInstrument Number: 20220426000044 Document:EAS Rec: S211.50 Page -1 of 9 Record Date:4/26/2022 7:21 AM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY HOLLY FERC When Recorded Mail To: CITY OF AUBURN, CITY CLERK'S OFFICE 25 West Main Street Auburn, WA 98001 STREAM BUFFER CONSERVATION EASEMENT AGREEMENT Reference No.: Grantor: Port of Seattle Grantee: City of Auburn paap 1 of 1 211.5Qx QtaGe ss 2 • 35% ice 4.97* Abbrev. Legal: A portion of Lot 3 of City of Auburn Short Plat No. SPL -0002-89 recorded under Recording No. 8911220903, records of King County, Washington. Assessor's Tax Parcel ID#: 9360600258 THIS STREAM BUFFER CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this ebay of j3&; , 2022, by and between the PORT OF SEATTLE, a Washington special purpose municipal corporation, hereinafter referred to as "GRANTOR", and the CITY OF AUBURN, a Washington municipal corporation organized under Title 35A RCW, hereinafter referred to as "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 (the "Subject Property"); WHEREAS, there is a watercourse/stream (referred to as Watercourse "K" in City of Auburn and that certain US Almy Corps of Engineers (USACE) permit application (No. NWS - 2019 -949) that lies partially off-site and partially on the Subject Property (the "Stream"); WHEREAS, a portion of the Stream runs on real property owned by Grantee and/or third parties which is adjacent to the Subject Property (the "Stream Property"); WHEREAS, the GRANTOR has the authority to burden the Subject Property for the purpose of granting the GRANTEE a perpetual non-exclusive stream buffer conservation easement (the "Conservation Easement") with respect to certain stream buffer areas legally described on Exhibit 'B' attached hereto and incorporated herein by reference (the "Stream .Buffer Property") located on and within the Subject Property; WHEREAS, GRANTEE AND GRANTOR desire to enter into this Agreement to create a stream buffer for purposes of preserving the quality of the Stream on the Stream Property, for the benefit of public health, safety, and welfare; b. • 97+ 16.47* WHEREAS, the GRANTOR acknowledged that preservation of the quality of the Stream I is essential to maintaining a quality environment, maintaining quality water resources, and the I preservation of wildlife, and that preservation of the quality of the Stream is in conformity with °Card Approval j Date: _e _ _L°` �� Initials: ` Descrip ion: 6kSim'cOl AG2Eel`if-;W 1 Note:5'aLAKBVPFERL C0WSF2ygft0,4 001 , 1-1. S98. woo. F' � https://recordsearch.kingcounty.gov/LandmarkWeb//Document/GotD'o�'ur @FM il�tD��i... rrZV/zvz� fCtt S t~ F D►Xet.J Page 2 of 9 Instrument Number: 20220426000044 Document:EAS Rec: $211.50 Page -2 of 9 Record Date:4/26/2022 7:21 AM King County, WA the GRANTEE'S Comprehensive Plan; WHEREAS, the GRANTOR has received good and valuable consideration for granting this Conservation Easement; and WHEREAS, the GRANTOR acknowledged the important environmental value of the Conservation Easement; NOW, THEREFORE, in consideration of Che mutual benefits to be derived, the parties hereby agree as follows: 1. AUTHORITY TO BURDEN SUBJECT PROPERTY. The 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 as set forth herein. 2. GRANT OF EASEMENT IN PERPETUITY. The GRANTOR hereby grants the non- exclusive Conservation Easement set forth herein to the GRANTEE in perpetuity and covenants that the Conservation Easement shall rum with the land included in the Stream Buffer Property, The Conservation Easement shall burden the Stream Buffer Property and benefit the GRANTEE 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 the GRANTEE to enter upon the Stream Buffer Property, via the Stream Property, for the purposes of monitoring, maintaining, preserving, and enhancing the Stream Property. The GRANTOR covenants to maintain fencing to restrict access to the Stream Buffer Property and prohibit construction of any structures or artificial surfaces or alteration of any native vegetation within the Stream Buffer Property. No construction or development activity of any kind may take place within the Stream Buffer Property without the prior approval by the City of Auburn Director of Community Development. The GRANTEE shall be permitted to enter onto the Stream Buffer Property, via the Stream Property, at all reasonable times to monitor and maintain the Stream Property or stream functions such as recharge, conveyance, storage of stormwater, water quality and wildlife habitat benefits. The GRANTEE shall not unreasonably interfere with the ownership, possession, use, or enjoyment by the GRANTOR or GRANTOR'S tenants of the Subject Property when entering the Subject Buffer Property to perform the permitted functions described herein. 5. PROHIBITED USE OF STREAM PROPERTY. The GRANTOR shall not undertake, nor cause to be undertaken any activity or use of the Stream Buffer Property which is inconsistent with the purpose, scope, or intent of this Agreement, nor inconsistent with stream functions such as: recharge, conveyance, storage of stormwater; water quality and wildlife habitat benefits; mitigation measures required; and vegetative enhancement or protection. 6. RESERVED RIGHTS. The GRANTOR reserves to itself all rights, title, interest, and obligations incident to ownership of the Subject Property and Stream Buffer Property https://recordsearch.kingeounty. gov/LandmarkWeb//Document/GetDocumentForPrintPN... 4/26/2022 Page 3 of 9 Instrument Number: 20220426000044 Document:EAS Rec: $211.50 Page -3 of 9 Record Date:4/26/2022 7:21 AM King County, WA except those rights and interests expressly conveyed to the GRANTEE hereunder and those obligations expressly undertaken by the GRANTEE hereunder. 7. ENFORCEMENT. This Conservation Easement may be enforced by GRANTEE or any successor governmental agency to GRANTEE. In the event the GRANTEE determines that the 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 GRANTEE, at its option, may take action to preserve and protect the Stream Buffer Property consistent with the rights and privileges described in Paragraph 4 above, after -first giving the GRANTOR written notice, to protect the Stream, and, in such case, the reasonable expenses incurred by the GRANTEE shall be recoverable from the GRANTOR if the GRANTOR is found to be in violation of this Agreement. 8. NON -WAIVER OF BREACH. No omission or failure by the GRANTEE to exercise or enforce any of its rights under this Agreement or to enforce any breach hereof, nor any forbearance granted by the GRANTEE, shall be deemed or construed as a waiver by the GRANTEE of such rights or a discharge of liability for any breach by the GRANTOR of the terms hereof. Nor shall any delay by the GRANTEE 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 GRANTEE'S right to pursue its remedies. 9. COSTS AND LIABILITIES. Except as provided in Paragraph 4 of this Agreement above, the GRANTOR retains all responsibilities and will bear all costs and liabilities of any kind related to or incidental to the ownership of the Stream Buffer Property and agrees to pay all assessments and taxation (if any) against said Stream Buffer Property assessed by any governmental authority as they become due. 10. HOLD HARMLESS AND INDEMNIFICATION. The GRANTOR agrees to indemnify, hold harmless and defend the GRANTEE 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 the GRANTOR'S right to execute and deliver this Agreement. 11. OTHER MATTERS AFFECTING THE PROPERTY. This Conservation Easement and related rights granted to the GRANTEE herein are specifically subject to (i) any and all restrictions, covenants, conditions, easements, building lines, encumbrances, reservations, zoning laws, regulations, and other matters, including, but not limited to, minerals previously reserved or conveyed, if any, relating to the Subject Property, but only to the extent that they are still in effect and shown of record, (ii) visible and apparent easements, encroachments, or other matters affecting the property which do not appear of record, but which a current survey or plat of the Subject Property would disclose, (iii) the lien for standby fees and ad valorem taxes for the current year and all subsequent years, and (iv) any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements. 12. AGREEMENTS WITH TI3E UNITED STATES. This Conservation Easement is subject and subordinate to all current and future agreements entered into between the GRANTOR and the Federal Aviation Administration, or any other federal agency, related to the operation or maintenance of the Airport, including agreements that are required as a https://recordscarch.kingcounty. gov/LandmarkWeb//Document/GetDocumentForPrintPN... 4/26/2022 Page 4 of 9 Instrument Number: 20220426000044 Document:EAS Rec: $211.50 Page -4 of 9 Record Date:4/26/2022 7:21 AM King County, WA condition to the GRANTOR receiving federal rights or property for Airport purposes or required in order for the GRANTOR to spend federal funds to improve or further develop the Airport in accordance with the Federal Aviation Act of 1958 (Pub. L. No, 85-726, 72 Stat. 731) and 49 U.S.C. §§ 47101-47144. 13. RECORDATION. The 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 the GRANTOR of any interest in any portion of the Subject Property. The GRANTOR shall record this Agreement in the King County Recorder's Office. 14. CONSTRUCTION. This Agreement shall be liberally construed to effect the purpose and intent hereof. 15. 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. IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first written above. [Signature pages follow] https://recordsearch.kingeounty. govILandmarlcWebHDocumentIGetDocumentForPrintPN... 4/26/2022 Instrument Number: 20220426000044 Document:EAS Rec: $211.50 Page -5 of 9 Record Date:4/26/2022 7:21 AM King County, WA GRANTOR: PORT OF SEATTLE, a Washington special purpose municipal corporation By: Name: TZ,4tk, ( Wt-o� Its:tc4� STATE OF WASHINGTON ) ) ss. COUNTY OF ICING ) I certify that I know or have satisfactory evidence that 73-c!4!4—i is the person who appeared before me and said person acknowledged tha�5dshi-signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the t4 -P of the Port of Seattle, a Washington special purpose municipal, corporation, to be the free and voluntary act such party for the uses and purposes mentioned in the instrument. DATED: 7_e4 7 ACK'�y6riiit "b�loN!''r9 AIA�y 7V+/yi 3 lggens �; a a OF 1QIVR1��w�"" S ignatu�..e�NSI` (Legibly Print oi:Stamp name, of Nott ) Notary Public,in, d -fog nto g Sate of Washington. ;Resi`diiig at:.'. My app6intment VexjAi&' Page 5 of 9 https ://recordsearch,kingcounty. gov/LandmarkWeb//Document/GetDocumentForPrintPN... 4/26/2022 Instrument Number: 20220426000044 Document:EAS Ree: $211.50 Page -6 of 9 Record Date:4/26/2022 7:21 AM King County, WA GRANTEE: CITY OF AUBURN, a Washington municipal corporation Ey. Name: �t Its: f �F- STATE OF WASHINGTON ) ) ss. COUNTY OF ICING ) I certify that I ],,now or have satisfactory evidence that 'J 7;Z—�g- is the person who appeared before me and said person acknowledged that he/ffY signed this instrument, on oath tated that she was authorized to execute the instrument and acknowledged it as the ,1��of the City of Auburn, a Washington municipal corporation, to be the free and. voluntary act such party for the uses and purposes mentioned in the instrument. DATED: _ I ` ei � e oi9k pl F \ `w4awws��` �(S' laat'itie��f.Nota�t �� (Legibly Print or Stamp name of Notary) Notary Publicist and.f6r the State o Washingtpri. Residing Asn I� Poly appointment expires: Page 6 of 9 https:Hrecordseztrch.kingcounty. govILandmarkWeb//DocumentIGetDocumentForPrintPN... 4/26/2022 Page 7 of 9 Instrument Number: 20220426000044 Document:EAS Rec: $211.50 Page -7 of 9 Record Date:4/26/2022 7:21 AM King County, WA EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY WHITE RIVER VALLEY HOME TRACTS NO 2 UNRECORDED LOT 3 CITY OF AUBURN SHORT PLAT NO SPL - 0002 -89 RECORDING NO 8911220903 BEING A PORTION OF GEORGE E KING DLC NO 40 IN SW QTR STR 31-22-05; TGW PORTION OF "I" STREET NE AND 45TH STREET NE VACATED BY CITY OF AUBURN ORDINANCE N06102 RECORDING NO 20080807001040; EXC PORTION WITHIN TRACT DESIGNATED AS "PARCEL 2" CONVEYED TO CITY OF AUBURN BY DEED UNDER RECORDING NO 200808070010 https://recordsearch.kingeounty. govILandmarkWeb//DocumentIGetDocumentForPrintPN... 4/26/2022 Instrument Number: 20220426000044 Document:EAS Rec: $211.50 Page -8 of 9 Record Date:4/26/2022 7:21 AM King County, WA CORE DESIGN, INC. BOTHELL WA 98011. CORE PROJECT N0; 19116 8/13/2021 EXHIBIT B LEGAL DESCRIPTION STREAM BUFFFER PROPERTY THAT PORTION OF LOT 3 OF CITY OF AUBURN SHORT PLAT NUMBER SPL -0002.89 RECORDED UNDER RECORDING NUMBER 8911220903, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NUMBER BLA19-0008 RECORDED UNDER RECORDING NUMBER 20191104900007, KING COUNTY, WASHINGTON, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY MARGIN OF I STREET NORTHEAST AS DEDICATED UNDER RECORDING NUMBER 20080807001041, KING COUNTY, WASHINGTON; THENCE N01°48'09"E, ALONG SAID RIGHT-OF-WAY MARGIN, 476.41 FEET TO THE NORTHWESTERLY CORNER OF SAID RIGHT-OF-WAY DEDICATION; THENCE S24"56'01"E, ALONG THE NORTHEASTERLY MARGIN OF I STREET NORTHEAST, 50.81 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S24°56'01"E, ALONG SAID RIGHT-OF-WAY MARGIN, 171.47 FEET TO AN ANGLE POINT IN SAID RIGHT-OF-WAY DEDICATION; THENCE S01 °48'09W, ALONG THE EASTERLY MARGIN OF I STREET NORTHEAST, 300.07 FEET; THENCE S8B°11'51"E 58,49 FEET; THENCE N08°07'49"E 24.71 FEET; THENCE N0'1°19'02"E 120.26 FEET TO A POINT OF TANGENCY WITH A420.87 -FOOT RADIUS CURVE TO THE RIGHT; THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04°23'07", A DISTANCE OF 32.21 FEET TO A POINT OF REVERSE CURVATURE WITH A 479.13 -FOOT RADIUS CURVE TO THE LEFT; THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 30°38'10", A DISTANCE OF 256.19 FEET TO A POINT OF TANGENCY; THENCE N24°56'01"W 30.42 FEET; THENCE N87°30'19"W 74,51 FEET TO THE POINT OF BEGINNING; CONTAINS 28,543± SQUARE FEET (0.655± ACRES) Page 8 of 9 https://recordsearch,kingcounty. gov/Landmarl-Web//Document/GetDocumentForPrintPN... 4/26/2022 Instrument Number: 20220426000044 Document:EAS Rec: $211.50 Page -9 of 9 Record Date:4/26/2022 7:21 AM King County, WA .w ' $CALE, V - 100 100' 0 50 100 PFC'0006 00001 \--SE CORNER BLA19-0008, 45TH STREET NE GUFFM UA It PAGE CONSERVATION EASEMENT iOFi EXHIBIT, W 11100 NE 1951h St, Ul, III nothell, Wothington 98011 425,885,7877 Fax 425.88S.7943 ENOINEERINC, -PLANNING -$URYffYlNG-I.A JOB NO. 19116 . EMEMENT v U, ti 664 4 tt 139 '01 � 0002; 5#SVI,"il220 03 v 0 89 14 6N R-420,87 ,A--4*23'07' L-42.21 41290 Page 9 of 9 https:llrecordscarch.kingcounty.gov/LandmarlcWeb/lDocument/GetDocumentForPrintPN... 4/26/2022