HomeMy WebLinkAbout20090116000251 CONSERVATION EASEMENT 01052009
.
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001 20090116000251
PACIFIC NW TIT EAS 30.00
PACE001 OF 009
01/18/2000 10:03
KING COUNTY, WA
Above this fine reserved for recording information.
CONSERVATION EASEMENT AGREEMENT
(for wetland and wetland buffer areas) b
Reference #(if applicable: N/A Additional on page:
Grantor/Borrower: 1) Hebert B Street, LLC 2) Harris Real Estate Seattle
Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn
j+`"~• ~
Legal Description/STR: Lots 1 and 2 of City of Auburn Short
Plat No. SPL-03-0001 Additional on page: 8
Assessor's Tax Parcel ID#: 158060-0236 and 158060-0237
Note: This instrument supersedes and replaces document recorded under recording number
20030912001303.
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into
this Sth day of January, 2009, by and between HEBERT B STREET, LLC AND HARRIS REAL
ESTATE SEATTLE, hereinafter referred to as "GRANTOR", and the CITY OF AUBURN, a
municipal corporation organized wider Title 35A RCW, hereinafter referred to as the "CITY"
and/or "GRANTEE".
WHEREAS, the GRANTOR is owner in fee simple of certain real property located in the City of
Auburn, King County, Washington, legally described on Exhibit 'A' attached hereto and
incorporated herein by reference, which property is intended to be subject to this Agreement and
burdened in perpetuity by this Agreement (the "Subject Property");
WHEREAS, the GRANTOR or the representative of GRANTOR executing this Agreement has the
authority to burden the Subject Property for the purpose of granting the CITY a perpetual
non-exclusive wetland conservation easement (the "Conservation Easement") with respect to
certain wetland and wetland buffer areas legally described on Exhibit 'B' attached hereto and
incorporated herein by reference (the "Wetland Property") located on the Subject Property;
WHEREAS, it is mutually agreed that this Agreement be entered into to preserve the quality of
wetlands for the benefit of public health, safety, and welfare;
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Conservation Easement Agreement j, #.o Y$s ui~~n tiik'
Page 1 of 7 pXCZSE TAX Nf7T IF-1r..,.
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WHEREAS, it is mutually agreed 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, GRANTOR has received consideration for ganting this Conservation Easement,
which consideration has a long-term benefit to the GRANTOR and the GRANTOR'S Subject
Property; and
WHEREAS, GRANTOR acknowledged the important environmental value of the Conservation
Easement and agrees not to undertake any activity which will in any way be inconsistent with the
preservation of the wetland or wetland buffer areas or the quality of the wetlands on the Subject
Property;
GRANTEE, upon acceptance of the Agreement, does hereby relinquish Conservation Easement
Agreement recorded under Recarding No. 20030912001303.
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 Property legally described on Exhibit B. attached
hereto. GRANTOR covenants not to in any way impair or interfere with the function and use
of the Wetland Property, and GRANTOR further covenants to take reasonable and necessary
steps to restrict access to the Wetland Property and prohibit construction of any structures or
artificial surfaces or alteration of any vegetation within the Wetland Property. 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 Community Development. The CITY shall be permitted to
enter onto the Subject Property at all reasonable times to monitor and maintain the Wetland
Property ar wetland functions such as recharge, conveyance or storage of stormwater. The
CITY shall not unreasonably interfere with the ownership, possession, use, ar enjoyment by
GRANTOR or GRANTOR'S tenants of the Subject Property when entering the Subject
Property to perform the permitted functions described herein.
Conservation Easement Agreement
Page 2 of 7
5. PROHIBITED USES OF WETLAND PROPERTY. GRANTOR 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 Agreement, nor inconsistent with wetland functions such
as: recharge, conveyance, or storage of stormwater; 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 Properly and Wetland 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
Property or its wetland function, 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 agee otherwise, to protect the wetland, 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 enfarce
any of its rights under 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 far any breach by GRANTOR of the terms hereo£ Nor shall any delay by
the CITY in the exercise or enforcement of its rights and remedies limit ar 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 Property and agrees to pay all assessments and
taxation (if any) against said Wetland 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 wax with any claim or
cause of action including, without limitation, the Wetland 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.
11. RECORDATION. GRANTOR agrees to incorporate the terms of this Ageement 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
Conservation Easement Agreement
Page 3 of 7
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 effect the purpose and
intent hereo£
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.
Conservation Easement Agreement
Page 4 of 7
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first
written above.
GRANTOR: GRANTOR:
HEBERT B STREET LLC HARRI REAL ESTATE SEATTLE
By: By:
TS o
Name: u Name: r~, j~
Title: Title: (l.l~IC-14 MANWA5~
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this day of r , 20_Dqefore me, the undersigned,
a nota public in a d for the S ate of Washington, duly commissio ed and sworn, personally appeared
~d"i 14y ~~e r , to me known to be the manager member that executed the
faregomg mstrument and acknowledged the said instrument to be their free and voluntary act and deed: for
the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year of the certificate first above written.
`X{11111//1111 0~
~~%~`G~ M MC ~~i,
(Print Name) ,
~ ~
~ gQ.~ SioN . ~and ~r ~NARY . otary Public in far the State of
.
S UBLIC = Washington res' i g at
~'a L~
~006.0 •~oo9
rs/2
My appoSntment expires: ~
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/111i:
Conservation Easement Agreement
Page 5 of 7
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this 511-day of r\j20 aefore me, the undersigned,
a no u ic in.and f r the St e of Washington, duly commissio~fed and sworn, personally appeared
,~p ~j`~'F,~ ~F` , to me known to be the manager member that executed the
foregomg mstrument and acknowledged the said instrument to be their free and voluntary act and deed: for
the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year of the certificate first above written.
~~%jJ11irir11rc~ li`(1 .J`(`~
~ t M MG+ (Print Name) . ~
SSlaH'• C~,~ ~
M~A 6
NOTAqy m; Z°- NotaryPublic m and for the State of
aCA t•• PUBLIC co ; = Washington resi d jng a~~ 1
. 0'~'r~„ ~--~1 l),{~l, `I (
~
~~~!~g~zoo`~, My app intment expires: - ~
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WAS• r{\ ~
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Conservation Easement Agreement
Page 6 of 7
GRANTEE:
CITY OF AUBURN, a municipal corporation
By: "~(~l-
Name: `~Vi+'l tt• "61~v ~►~~~e,~
Title: ~ ~t,5~•~ 1~ ✓-ef.~v✓ TL✓~ K:2C7~'iti
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
e ~ 14SA-4~ ~r
I certify that I know or have satisfactory evidence that ~ is the
person who appeared before me, and said person acknowledged that he signed this i strument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the Planning Director 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
r
13 t-tLC~'L
Notary Public in and r the State of
Wash' ton residin t
;
f V' % : \J ~ i G
'ry f ~ ~L ~1 D ~~J
MY appoint t expires:
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File: 2.1
REF. H:\F'ORMS\FE056, (5/03)
Conservation Easement Agreement
Page 7 of 7
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UNE TABLE o M
LINE LENGTH BEARING ~i N
L1 13.73' N43'03'38"E Co 2
L2 12.53' N4629'24"E
L3 7.24' N55'34'S0°E N ;
L4 7.30' N65'05'07"E ^ N
L5 8.67' S89'52'00°E CURVE TABLE 0"
L6 8.74' S7516'27°E CURVE NO DELTA RADIUS LENGTH E N
ck:
U 21.00' S88'52'53°E C1 25'00'42" 30.00' 13.10' 0
a
L8 30.78' S88'53'47°E C2 70'03'26" 50.00' 61.14' o~
Scale: Jo6 Number
Horizontal 1100 ' Vertical 12836
GHqV 18215 72ND AVENUE SOUiH
~ t4
KENT, WA 98032 C 0 N S E R V A T I 0 N S,eet
(425)251-6222
(425)251-8782 FAX E A S E M E N T
$ ~ CML ENGINEERING, LAND
PLANNING, SURVEYING,
ENVIRONMENTAL SERVICES 1 of 1
Desi ned Drawn KMM Checked A roved W Date 1111308
, . . /
LEGAL DESCRIPTION
CONSERVATION EASEMENT
All those portions of Lots 1 and 2 of City ofAubum Short Piat No_ SPL-03-0001, as recorded under
I Recording No. 20030910001929, Records of King County, Washington; lying Southeriy af the
€ollawing described line:
COMMENCING at the Southwest comer of Lot 2 of said Short Piat;
THENCE South 88' 38' 'i 4" East along the South line thereof, a distance of 32.93 feet #o the
POINT OF BEGINNING;
'THENCE North 18° 02' 56" .East, 45.57 feet to the beginning of a 30.00-foot radius curve to fhe
righf;
THEIVCE alony^ the arc of said curve, passing through a central angle of 25° 00' 42", ar arc
distance of 13.10 feet;
THENCE North 43° 03' 38" East, 13.73 feet;
THENCE North 46° 29' 24" East, 12.53 feet;
THENCE North 55° 34' 50" East, 7.24 feet;
THENCE North 65° 05' 07" East, 7.30 feet;
THENCE North 75° 5620" East, 5727 feet;
THENCE South 89° 52' 00° East, 8.67 feet;
i HENGE South 76° 1-627" East, 8.74 fe€:t;
THENCE South 70° 02' 08" East, 66.38 feet;
THENCE South 89° 06' 52° East, 113.90 feet;
TH.ENGE South 88° 52' 53° Eas't, 21.00 feet;
THENCE South 88° 53' 47" East, 30.78 feet to the beginning of a 50.00-foot radius curve to the
right; _
THENGE along the arc of said curve, passing through a central angle of 70° 03' 26", an arc
distence of 61.14 feet;
THENCE South 18° 50' 22" East, 45.15 feet to the South Iine of said Lat 1 and the terminus of the herein described (ine. - Project Name: Hebert
November 13, 2008
RWGrss
12836L.003.doc
Exhib it: 9 2836 EXH02-ESMT.dwg