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HomeMy WebLinkAbout20021029001699 CONSERVATION EASEMENT 102902Retd in Address City Clerk' 25 West main bum,,,.WA. 980.01 S t f/t . 12 ' 2r A,3. ~ t 1;0 a 6_) 13.2, Document Title(s) (or transactions confatnert.therAin) oYalf areas ..apphcable to'yotfi document must be filled in) 1 CONSERVATION EASEMENT`ACsREEMENT 2 3 4 Referencg Numbogs) of Documents assigned or released Additio ,al reference numbers on page no of document Grantor(s), (Last?namefirrsl, then first name and initials) P Wpa'rkw* kt 3 4 Additional names on .,.,e a nu of..doeumehl Grantee(s) (Last name•'fqsl,;then first name and ihrttats) 1 City of Auburn 2 3 4 - Additional names on page no of document.. ' !-e at Description Portion of SE % of Section 12 Townsh(p 2.1 Notth, Rj(hge A East WM Additional legal on Exhibit A of document Assessor's Property Tax Parcel/Account Number 122104-9024.00 Assessors Property Tax Parcel/Account Number not et assigned The Auditor/Recorder will rely on the information provided on the form The staff will not: read the document to verify the accuracy or completeness of the indexing information provided hetein EXMTAX NOT REQUIRED f D Po" CONSERVATION EASEMENT AGREEMENT G T.-HIS..., CONSERVA:I EASEMENZTA REEMENT (the "Agreement") is made and -entered lnto;:'thr$ / ~.day of 2002, by and between P-3/PARKWAY LI.C. hetcinaRer; inferred- :;.to as ;GIkAN FOR," and the CITY OF AUBURN, a municipal 'corporation prgasttze- under Title:-15A;RC<X►!, hereinafter referred to as the "CITY" and/or "GRANTEE WHEREAS; ~.the GRAI' TQR is''~owner in toe single of certain real property located in the City of Auburn, Kirin .County.; Wshington...l~garlly.described on Exhibit `A' attached hereto and incorporated herein by fefe>•ence,.:'uvhich property is intended to be subject to this Agreement Cx and burdened by this Agreeient-(the:"Sutjecl'Property~'.) c~ cLa WHEREAS, the GRANTOR or.,tl. rOpresentative'ot:GR NNTOk: executing this Agreement has the authority to burden the Subject Property for the piiitpose;of granting the CITY a non- exclusive wetland conservation easeinie`nt (the "Conservation` Element") with respect to O certain drainage detention, wetland and wetland buffer.ar¢as 1egaltydescriki4d on Exhibit `B' o~ attached.hereto`'amd incorporated herein by reference (tle "asemeitS,.A'') located on the Subject. Property, C WHEREAS, ttie GRANTOR construed a drainage detentiob faerhty withib tbx Easement Ares in iccordance with Grading Plan Set GRA00-0007 approved by the CITY, which facility incorporates 0,36iacres of wetland, as identified by the U S Arrz y. Corps of Engineers by letter, dated November 17;:.1998 ("Corps Letter") The Corps Letter i5, attached hereto as Fkhtbit and=:incorporated herein by this reference WHERit is rnttually agreed that this Agreement be entered into to preserve the quality of wetlands for the benefit ofpublichealth, safety, and welfare, WHEREAS, it is m.ikti lly #greed that preservation: o.f 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 gtiality of.'wetlands is: in conformity with the CITY'S Comprehensive Plan, WHEREAS, GRANTOR has received cvnstderattan for granting this Conservation Easement, which consideration has a long-term benefit to the GRANTOR. and'ibe GRANTOR`S Subject Property, and WHEREAS, GRANTOR acknowledges the important ;:envi;ronrtiental''value; of `.the Conservation Easement and agrees not to undertake any activity which W:i*il' to a4y,way'be inconsistent with the preservation of the wetland or wetland b4fex,areas o .the qu~l;fy of jlie wetlands on the Subject Property, NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties hereby Wee As.-follows ll : 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 biirde i the Subject Prope t}~..math this Conservation Easement ,r ' - GRANT Op HAS' ME1VT;> C t N-T,.QR hereby grants the non-exclusive Conservation Ei ssetneni sev"fortl'i -herein to the CITE' 4,d covenants that the Conservation Easement "shall,, rur -.:wi`th tie land >.pOhidtd in,4-h6' Subject Property, provided this Conservation Ease Gent shat `be extipgJ*hed t& mi al approval of GRANTOR and CITY when the functions: an&valtres wAtn.thie basement Area are replaced For these purposes, the wetland functions' and,valu s vvithir the Easement Area shall be those of the 0 36 acres of wetlands-jdentifiid b~ theCon*)s L.~fter'-:. p~ 3 HEIRS, SUCCESSORS_AND-ASSIC, h1S -Aks agreei'rien.t shall be binding upon and pa inure to the benefit of the 'hofs, aEdrritnis,orators; :e7ce.cirtoe§, successors in interest and r p assigns of each of the parties hereto ;Any reference.-In this Wgreemc it to a specifically nactied::. tarty shall be deemed to apply to"anyauecessor,' ienK,...execp(or of assign of p such party who has acquired an interest „an ,compliarrce,,,witfi' the terms:' of this p 4reement or under law Cq 4 SCOPE ~OF CASEMENT The Conservation Easement granted hereunder shall allow C> CITY to enter upon the Subject Property for the purposes.nf :t'nonitonng,, maintaining, preserving,:- and-•,erthancing the Easement Area legally described on Exhibit `B' eq 'attaoYied hereto GRANTOR covenants not to in any way impair or. interfere with the funetion:'and use• of the Easement Area, and GRANTOR further covenants to take reasonable and neiressry steps to restrict access to the Easement Area and prohibit cbii§truction :b" f any st*TX1 tures or. artificial surfaces or alteration of any vegetation within the Easement`Area untess uch..actions are previously approved by the CITY No clearing, gradpfg* :*or giber cpnistr~iction activities shall occur within the easement area, except `as maybe authorized by the Plaxinmg Director for protection of public health, safety and :welfarrs.,.or maintenance purposes, including maintenance of drainage detention facilities The bregging -prohibition shall not be construed to prohibit GRANTOR fro~n•pe`rformintg routine maintertance of the drainage detention facilities, which maintenance shall not°requtze authprization by the Planning Director The CITY shall be permitted to enter..onto the:Sub ect property af.all reasonable times to monitor and maintain the Easement Area*or :wetland.fuiictioris such as recharge, conveyance or storage of stormwater The CITY sha i not unreasoi}ably interfere with the ownership, possession, use, or enjoyment`by GR.A- NTOR or.:~tANTOR'S tenants of the Subject Property when entering the Subject.Pro* erty to perforin,,the peTmItted functions described herein S PROHIBITED USES OF EASEMENT AREA GRANTOR shall not uikdertake, nor cause to be undertaken any activity or use of the Easement Area which is inconsistent with the purpose, scope, or intent of this Agreement, nor inconsistent with wetland and `-storm drainage functions such as recharge, conveyance, or storage of stormwater, tigation measures required, and vegetative enhancement or protection b` RE SERVED, RIGHTS The GRANTOR reserves to itself all rights, title, interest, and obligati.oris incident to ownership of the Subject Property and Easement Area except those ;rights-,and':. int sts e#ressly conveyed to the CITY hereunder and those `obiigatiotfs exresslyy`undertafcen; by:akhe CITY hereunder 7 N, VORQEMENT In thq.J'' ent the°-.&Ti'Y, determines that GRANTOR is in violation of the terms;:iif this ;A61REEMbNT;~>a,, an enforcement action is initiated, the prevatlirtg~plrty tri soh acfiion.sha11%%.entitled to recover reasonable attorney's fees and costs' incurred ift prosecuting,:'or defending against such enforcement action, in addition to ani~. otfier reme4y pr ri lief ' olbfained For 'the purposes hereof, the prevailing party shall be the party vyrho' recetves the relief-' or a portion of the relief sought by a party in airy. c4orcemen act10'n'`' If both"panties receive some relief, the a~ prevailing party shall be deer!d to kie the paitj+ ~vhQ receives a proportionally greater amount of relief, or as is identified to be the,•prevaihng partyby`rthe.:court The CITY, at jit ;'option, may take action to preserve and:.prptect'the'Easernent;;Area:yts ;wetland aiid drainage detention functions, after,,, first' gvving GRAN TOR %y ritteti notice, to L7 :protect the `wetland, and, in such case, the reastinabie expenses inctrred by_the CITY shall`13~,rec6verable from GRANTOR if GRA, QR is foiirid Ga be;° n .Violation of'this Agreeiifent ' 8 NON~WAWER-OF BREACH No omission or failure by'ihe' ClTY,,`to exercise or enforce any:bf 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''o£.such rights or a,discharge of liability for any breach by GRANTOR of the C terms hereof; Nor shall- any delay by the CITY in the exercise or enforcement of its rights aiid reinedies, btintt Qr-impair such right or remedy, or be construed as a waiver of the CITY, S right_.to pprsu :i.ts remedies 9 COSTS AND I.IABILI`CIES., Except as proviaded, in Paragraph 4 of this Agreement above, GRANTOR retains all~responsibilities:and will bear all costs and liabilities of any kind related to or iiioidth'tal'to the owneFSh.ip of.1he Easement Area and agrees to pay all assessments and taxatioir (if any) against siiad,EaseMont.Area assessed by any governmental authority as they biecotie due 10 14OLD HARMLESS AND INDEMNIFICA`T'ION ORANTOR:" agrees to hold harmless and indemnify and defend the CITY;; its officaalsimeittl ers, employees, and agents from all liabilities, penalties, costs, losses, damages;'exfieiises,~~Osesof.action. claims, demands, or judgments, including, without'limitatiori reasonable.attorney''S fees arising from or in any way connected with injury or deatli.to ahy person or physical damage to any property resulting from any act, omission, coriditton. or other matter relating to or occurring on the Easement Area regardless 't}f cause,.:unless such in~tuy, death, or damage results from the negligence of the CITY or its officials, ``rnembers, employees, agents, or invitees Furthermore, GRANTOR agrees to #adectinify, hold harmless and defend the CITY from and against any liabilities, ,,penalties, costs, losses, damages, expenses, causes of action. claims demands or judgm~nts;•i .p,.uding, without ]imitation, reasonable attorney's fees. ansing from or relatir g;,to any third party,.clwM which challenges GRANTOR' S nght to execute and .deliver this,Agree. ment 11 I ECORI?ATIONN O.,RANT-DR,-`agrees"ta. incorporate the terms of this Agreement in 'any eed,,.l ase~ r p'they:.a *iment,..*h- cl ';'divests GRANTOR of any interest in any c~ porti6*n of the,.gub,Iect Kio" i'rty GRAD -OR shall record this Agreement immediately in the (3f icelo`f the Klf g County. M i;itttient of Records and Elections cta *-i 12 CONSTRUCT CQN 'Tlus,Agreement Shall,be liberally cofiiirued to effect the purpose C and intent hereof o . OZ 13 SEVERABILITY If any prow sior of this'Agreeri nt`is rifled invalid or unenforceable for any reason by a court of cbiaipetent juri$dictiotr, the rerriain~ng..:provisiom hereof shall'remain in force and effect IN WITNESS, WM-REOF, the parties have executed this Agra ment, effective as of the date first written,i6ove GRANTOR.:: ' GRANTEE: ` 0:3/PARKWAY);:' C ; CITY OF AUBURN By By a Managi Member" STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day September, 2002, before me' personally appeared Michael ` Sandorffy, to me known to be a managing member of the corporation --.That. execiitedthe foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and,,on,oaih:1-stated that he t~ authortzed to execute said instrument and that the seal affi d is t corporate seal of said corporation )ko Print Name L ' fN ~A,p; ►r N NOTARY P LIC for' the State of r !r~~Washington, residing at s • rriy appointment expires STATE OF WASHINGTON tCi ) ss' ,.y COUNTY OF KING ) p On' day of Cpr+rr+rn ir, 2042; .'be are me; "rsoiiall appeared y'C SS to me known f .,big the ` of the cq municipal c6rporatton that executed the foregoing `•tnstrurryent...an ack-nowledged said C instn6ent fa be the." free and voluntary act and deed of said:?mu4icipal corporation, for the " uses;.:And purposes t4erein mentioned, and on oath stated that fie. is authorized to.execute said LV instiurnerit and that ahe seal affixed is the corporate seal of said corporation ~ DATED•` Print Name ` P,, -V 14 NOTARY PUBLIC 'for the State of Washington, residing at Y.. on, Lit !r G( a►t 4,0 B i~ r SIGN'.,, 90 tl: My appointment expires ~:~~~NOrgq :/4'~•2 9-03 i , /UBM y 0 00 1lei` , 2 0. Exhibit A cr, ;p G1' O H C+ C AT CON 'AII i1Nt# 34AC 9Q. M. 44- rZ QPAUBURN]u7TLM LOTLUMADJti IUM Vast, TJIHNCS 801914'W W ALCM T TO THE ftwi olH I4. Exhibit C To Conservation Easement Agreement "Wetland Property" QEQ,ARTMINT OF THS ARMY 4" rrurvwvy, Cole $ os n o. raoac~ ,,a~itnE, wrnar ~etlwrsrs Reguialpry ftnofi M 17 1898 Parkway Capital, In*, Mr. O. Fritz 800 Sph Avenue, "a 310Q` Seattle, Washington 98104-31:2 rd - - - - Reference994 ta, - Dear Mr. N'hz: C, We concur with the wetland define Wn for your prop" d . sWt1W vn ilia map ,etrliW. F7& Companies Farkfng Lot F-Varrsion on F' : Topggrap. l u°(8hee.t 1 of 3). dated June 23, 1998, prepared by W.N. Pa~clflc. thh 0 SB:'of err a of wetland Is located at the extreme west end of paraei'B' whbhv ids beWee"..:'C StfW Ndrthwest (on.fhe east property boundary) and the Burlington N604m ftallroad d4ht- -Way,:`'Th6 wetland Includes an old detention pond and * north wuth aligned dt(Wsegment south,of the det moon pond. The remainder of parcel 13'16.-upland. The north edde of.0areel V19 located about 1,750 feet south of the center of the Street NoMvvest.,end ie Street NodhwwL Since wBtlar+ds $r+e hWhly,dynamic eoosysterr subject to change, and Federal wgulaftw gvvernN. deiielopMerit are' alab-sut)eot to change, figs wetland dehmWna5on WW,t*'YaW for ape* of 6 years f ?om the date of this letter unless new lnfi=*;tlon warrants ragbion of the detern*ation before the expiration date. Since a DepartrneitiX of the, Arr►ty pe►tmit fib neaesssry.lor any work other than routine ditch maintenance, please dci nor -comrrrenea wb*-1n- this. wetland before a pe m* has been Issued. N you have arty adiftnsl questions or mnaams, please fee! free to contact Jonathan Sndfh at telephopp (206) 7."1.4 or a-rris0: jonathan.emithousece.army.rnli .