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HomeMy WebLinkAbout9811170967 CONSERVATION EASEMENT 111798Recording Requested By And When Recorded Return To: Name: City of Auburn Address: City and State: Attn: City Clerk 25 West Main Street Auburn, Washington 98001 MAR ? 1999 CityC C AUQU,RN sOj:pi&,, EXCISE TAX NOT REO. Kin Co. Records Division By Deputy COVERSHEET Q C ar t ~X C? Document Title: Conservation Easement Agreement (for wetland mitigation and wetland buffer areas) Grantor: Auburn North Associates Limited Partnership Grantee: City of Auburn Legal Description (Abbreviated): Ptn SE '/a, Sec 12-T21-R4 (Complete Legal Description on Page 9, EXHIBIT 1113" attached hereto) Assessor's Tax Parcel ID Nos. 122104-9027-0; and 122104-9028-0 Reference Nos. of Related Documents: N/A 00111 9d oTo 5aSO336 Aai nm goi Wd 0041:2T 1960-ZTTT86 CONSERVATION EASEMENT AGREEMENT (for wetland mitigation and wetland buffer areas) THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this 12th day of November, 1998, by and between AUBURN NORTH ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership, hereinafter referred to as "GRANTOR," and the CITY 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, 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 mitigation 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; 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 granting this Conservation Easement, which consideration has a long-term benefit to the GRANTOR and the GRANTOR'S Subject Property; and WHEREAS, GRANTOR acknowledges 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 mitigation or wetland buffer areas or the quality of the wetlands on the Subject Property. 2 NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties hereby agree as follows: I . 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 the public. 3. HEIRS, SUCCESSORS AND ASSIGNS. This 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, C" 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 Cn 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 rl 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 or wetland functions such as recharge, conveyance or storage of storm water. 5. DUTIES OF THE CITY. In consideration of the grant of the Conservation Easement herein, the CITY agrees to monitor, maintain, preserve and protect the Wetland Property and its wetland value at the CITY'S sole expense. 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. 6. 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 CITY'S Wetland Mitigation Plan, or the purpose, scope or intent of this Agreement. 7. RESERVED RIGHTS. The GRANTOR reserves to itself all right, title, interest and obligations incident to ownership of the Subject Property and Wetland Property except those rights and interests expressly conveyed to the CITY hereunder and those obligations expressly undertaken by the CITY hereunder. LO C Cn 8. 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, 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. 9. NON WAIVER OF BREACH. No omission or failure by the CITY to exercise or enforce 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 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. 10. COSTS AND LIABILITIES. Except as provided in Paragraph 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. 11. HOLD HARMLESS AND INDEMNIFICATION. GRANTOR agrees to hold harmless and 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, without limitation, reasonable attorney's fees, arising from or in any way connected with injury or death to any person or physical damage to any property resulting from any act, omission, condition or other matter relating to or occurring on the Wetland Property regardless of cause, unless such injury, death or damage results from the negligence of the CITY or its officials, members, employees, agents or invitees. 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, without limitation, reasonable attorney's fees, arising from or relating to any third party claim which challenges GRANTOR'S right to execute and deliver this Agreement. 4 7. RESERVED RIGHTS. The GRANTOR reserves to itself all right, title, interest and obligations incident to ownership of the Subject Property and Wetland Property except those rights and interests expressly conveyed to the CITY hereunder and those obligations expressly undertaken by the CITY hereunder. 8. 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, 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. 9. NON WAIVER OF BREACH. No omission or failure by the CITY to exercise or enforce 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 for any breach by GRANTOR of the terms hereof. Nor Qy shall any delay by the CITY in the exercise or enforcement of its rights and remedies limit or 4 impair such right or remedy or be construed as a waiver of the CITY'S right to pursue its remedies. 10. COSTS AND LIABILITIES. Except as provided in Paragraph 5 of this Agreement above, GRANTOR retains all responsibilities and will bear all costs and liabilities of any kind CTS 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. 11. HOLD HARMLESS AND INDEMNIFICATION. GRANTOR agrees to hold harmless and 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, without limitation, reasonable attorney's flees, arising from or in any way connected with injury or death to any person or physical damage to any property resulting from any act, omission, condition or other matter relating to or occurring on the Wetland Property regardless of cause, unless such injury, death or damage results from the negligence of the CITY or its officials, members, employees, agents or invitees. 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, without limitation, reasonable attorney's fees, arising from or relating to any third party claim which challenges GRANTOR'S right to execute and deliver this Agreement. 4 12. 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. C>7 O e~ 13. CONSTRUCTION. This Agreement shall be liberally construed to effect the purpose and intent hereof. 14. SEVE.RABILITY. 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. ASSIGNOR: AUBURN NORTH ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership By: Senior Housing Assistance Group, its Managing; General Partner By: A ur I,. in Executive Director ASSIGNEE: CITY OF AUBURN, a municipal corporation. By: 1fAJCl~S 1~ cCAA Name: Charles A. Booth Title: Mayor 5 STATE OF WASHINGTON } } ss. COUNTY OF KING } THIS IS TO CERTIFY that on this 17th day of November, 1998, before me, the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared ARTHUR L. MARTIN, to me known to be the Executive Director of Senior Housing Assistance Group, a Washington nonprofit corporation, Managing General Partner of AUBURN NORTH ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership, the limited partnership that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited partnership for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said limited partnership. WITNESS my hand and official seal the day and year of the certificate first above written. P- +d Q V4 OFFICIAL SEAL SHARON L MELVEJ Notary pubne4tate of washmgtm My Commission Exphs 11-8.41 d&:!~ e. 22g"L".~' Sharon L. Melvej (Print N e) Residing at Seattle My appointment expires 11-8--01 6 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) V~ THIS IS TO CERTIFY that on this day of November, 1998, before me, the undersigned, a notary public in and for the State of' Washington, duly commissioned and sworn, personally appeared C'slGrleS to me known to be the 12 vx/ of the CITY OF AUBURN, a Washington municipal torpor tion, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said corporation. WITNESS my hand and official seal the day and year of the certificate first above %witten. G E 14rtr _ -bag;FaxL (Print Name) z = Residing at O: f~. ;l,•.' My appointment expires l(~-L 5"-'~ `j ,`~NIUIr111~,,, 7 EXHIBIT "A" LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL A The East 327.5 feet of the South 660 feet of the Southeast quarter of the Southeast quarter of Section 12, Township 21 North, Range 4 East, W.M,, in King County, Washington; Except that portion thereof, if any, lying North of a certain fence along which the North boundary of the premises was fixed by Decree entered April 14, 1928 in King County Superior Court Cause Number 206455. PARCEL B mi The East half of the following described parcel of land: Beginning at a point on the South line of Section 12, Township 21 North, Range 4 East, W.M., in King County, Washington, said point being 327.5 feet West of the Southeast corner of said Section 12; running Thence North 660 feet; Thence West 593 feet, more or less, to the easterly margin of the Northern Pacific Railway Company's right of way; Thence Southerly, along said right of way margin, 660 feet, more or less, to the South line of said Section 7; Thence East, along said South line, 584.5 feet, more or less, to the point of beginning; Except that portion thereof, if any, lying northerly of a certain fence along which the North boundary of said premises was fixed by Decree entered April 14, 1928 in King County Superior Court Cause Number 206455. 8 EXHIBIT "B" LEGAL DESCRIPTION WETLAND CONSERVATION EASEMENT PORTION of TAX LOT No. 122104-9028 All that certain real property situate in the City of Auburn, King County, State of Washington, being a portion of the Southeast Quarter of the Southeast Quarter of Section 12, Township 21 North, Range 4 East, Willamette Meridian, and being a portion of that certain Parcel "F" as shown on Record of Survey, filed in Volume 20, of Surveys, Pages 149 & 149-A, and recorded under Recording No. 7910029009, King County Records, described as follows: AN EASEMENT, for wetland conservation purposes, in, on, over, under, through, and across an area of land, the perimeter boundaries of which are more particularly described as follows: Commencing at the Southeast corner of Section 12; Thence, along the South line of said Section 12, North 86°09'44" West 327.79 feet, to the Southeast corner of said Parcel "F"; Thence, along the South line of said Parcel "F", North 86°09'44" West 25.32 feet, to the TRUE POINT OF BEGINNING of the herein-described Easement Area; THENCE, along the perimeter boundaries the following courses: 1) North 86°09'44" West 237.84 feet, continuing along said South line of Parcel "F"; 2) North 01 °09'29" East 595.39 feet, parallel with and 30.00 feet East from the West line of Parcel "F"; 3) Northeasterly 40.48 feet, along the arc of a 25.00-foot radius curve, concave to the Southeast, through a central angle of 92°46' 19"; 4) South 86°04'12" East 214.44 feet, parallel with and 35.00 feet South from the North line of Parcel "F"; 5) South 01 °25'05" West 621.12 feet, parallel with and 23.50 feet West from the East line of Parcel "F", to the True Point of Beginning. The above-described Easement Area contains approximately 3.4061 Acres, more or less. SUBJECT TO an EASEMENT for roadway slopes, appurtenances thereto and maintenance thereof, in, on, over, under, through and across a strip of land 10.00 feet in width, parallel with and 10.00 feet Easterly, Southeasterly, and Southerly from the above-described Westerly, Northwesterly, and Northerly boundary lines (Courses #2, #3, and #4). The Easterly and Southerly sidelines of the above-described Slope Easement are to be lengthened or shortened to terminate at the Southerly and Easterly boundary lines of the Wetland Conservation Easement. ment contains approximately 8,427 square feet, more or less. End of Description Prepared by: Barghausen Consulting Engineers, Inc. Job No. 6105 Nov. 4, 1998 )I AUBURN CCOURT APARTMENTS" co (PRaPOSED) IGNT-OF WAY for 10th STREET N.E. 12 j 0 V4 E W , _ _ _ _ _ I ~ r a x e. _ _ v - . Na a 'jot I © o 1. . . . . . z . . True Pohl 4 r- _1 -7 I { L r-, W ota 6f Beginning i r' -ti - a a , 237.84 2352 12 7 N86'09'44 "W N86'09'44 "W 327.79' EXHIBIT" MAP 18 13 WETLANDS CONSERVATION EASEMENT PORTION of the S.E.1/4 of the S. E.1/4 of SECTION 12 Township 21 North, Range 4 East, Willamette Meridian City of AUBURN KING County State of Washington ` Job No. 6105 SCALE: 1'=100' File: P: SDSKPROJ 6105 SURVEY\6105BDY1.DWC Date Time: 11/05/1998 10:39 Scale: 1=100 Mikeh Xrefs: Deftr,9~$=19~ t;; 1 R=21~.OD ~ ~ 'EMp E M. T,% Mt ! . I r' - - r- - _ iJ it t ';;5 IT Jr 4.1 4~.=• Lai EL. Ill ;.}I~ ( I L___ 1 (2 ,I Z r ~ r1 r. ,4:r t APT. CY { d j I L, r~'''1, i' `ir l << hl _ BLDG r PAR 'L-Me 1 b I' (s r o{, ° ► . r . ir~~t' ' { z R.0 j5~. V0. 40, Pp. 149 149A ti. i z ~ r r LL. V 1C_ONSERVAT*N_ - Wa r~ ' AREA C) -148,369 * sq;ft , V) L_ APT BLDG r v 3.406072` o-cr-es ° w o r . . . . . . . . o 1V j 10' EASEMENT FOR d30~ ROADWAY SLOPES APT. BLDG - I 4 P~GNAG~~ f 8,427 ± sq.f t.