HomeMy WebLinkAbout20020523000621 CONSERVATION EASEMENT 052302Return Address:
City of Auburn
City Clerk.
25 West Main
Auburn, WA 98001 20020523000621
PACIFIC NW TIT EAS 17.00
PAGE 001 of 009
05/23/2002 09:53
KING COUNTY, WA
Above this line reserved for recording information.
CONSERVATION EASEMENT AGREEMENT x ~
FACO1-0039 for wetland and wetland buffer areas 3 3
Reference # (if applicable): N/A Additional on page: cn a °
Grantor/Borrower: 1) Charles P Schroeder and Brenda 2) c m m
l M. Leyda their separate estates
Additional on page:
Grantee/Assignee/Beneficiary. . City of Auburn ,e
Legal Description/STR: E 'h, NW NE 17-21-05E Additional on page:
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Assessor's Tax Parcel ID#: 332790-0270
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TI.11S CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made.and entered into this
11~ ay of 20O by and between Charles R. Schroeder and Brenda M. Leyda
their separate estates, hereinafter referred to as "GRANTORS", and the CITY OF AUBURN, a
municipal corporation organized under Title 35A RCW, hereinafter referred to as the "CITY" and/or
"GRANTEE".
nG, 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 Exhibits `B' & `C' 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;
Conservation Easement Agreement
Page 1 of 9
EXCISE TAl T R. U R
Kiang 0 R i '
By_
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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 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;
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 Easements set forth herein to the CITY in perpetuity and covenants
that the Conservation Easements shall run with the land included on the Subject Property
legally described in Exhibit `A' attached hereto. The Conservation Easements shall burden
the Subject Property and benefit the CITY and public.
3. HEIRS, SUCCESSORS, AND ASSIGNS. The Conservation Easements 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 Easements 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'-& 'C'
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 or wetland functions such as
recharge conveyance or storage of stonnwater.
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 Property and Wetland Property except those
Conservation Easement Agreement
Page 2 of 9
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, 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
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 lit-nit 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 Property and agrees to pay all
assessments and taxation (if any) against said Wetland Property assessed by any
governmental authority as they become due.
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`y10. HOLD HARMLESS AND INDEMNIFICATION. GRANTOR agrees to hold harmless
TIP> 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
j„v 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
V%J 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.
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.
Conservation Easement Agreement
Page 3 of 9
12. CONSTRUCTION. This Agreement shall be liberally construed to effect 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.
Conservation Easement Agreement
Page 4 of 9
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date
first written above.
GRANTOR:
GRANTEE:
As Their Separate Estates CITY O UB municipal corporation
Char R. chroeder BY.
C j
Brenda M. Leydao" Title: tat rig V1
c
STATE OF WASHINGTON)
)ss.
County of King )
-.1 certify that I know or have satisfactory evidence tha
i and
is/are the person(s) who appeared before me, and said individual(s) acknowledged that
he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act
for the uses and purposes mentioned in this instrument.
.r„ Dated Ll ( 7 _ D 2.--
o.n
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- P, S Ch~tti`t
c,r A~~4:10N' 90~t1
' : o rt: 7) TAR rn~iNotarY Public in a d for the State of Washington
i rmn i me residing at
AUSLIG i My appointment expires -a
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~WAS'1r1~~'~=
Conservation Easement Agreement
Page 5 of 9
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Paul Krauss, AICP, is the person who
appeared before me, and said person acknowledged that she signed this instrument, on oath
stated that she was authorized to execute the instrument and acknowledged it as the DIRECTOR
OF PLANNING AND 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 O,4Gt,N a/ 0200..2-
N 0 "r,4 p
10
1 WAS
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Notary Public' and for the State of Washington
My appointment expires 1 D- Z 9- O--Z3
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File: 4.1
REF. FAC01-0039 (CONSERVATION EASE AGRMNT)\E02-494
Conservation Easement Agreement
Page 6 of 9
EXHIBIT 'A'
LEGAL DESCRIPTION
SHORT PLAT NO. SPL00-0011 (east)
Parcel No. 332790-0270
That portion of the East half of the Northwest quarter of the Northeast quarter of Section
17, Township 21 North, Range 5 East, W.M., in King County, Washington, described as
follows:
Beginning at a point on the East line of the East half of the Northwest quarter of the
Northeast quarter of Section 17, Township 21 North, Range 5 East, W.M., in King County,
Washington, said point being 30 feet South of the Northeast corner thereof and the true
point of beginning;
Thence N 890 55' 24" W, 180.78', thence 5 06° 30' 37" W, 64.78', thence
S 420 26' 34" W, 84.76', thence S 040 25' 22" E, 293.82', thence S 890 55' 24" E, 60.00',
thence S 440 24' 57" E, 133.44', thence S 370 44' 48" W, 160.15', thence 32.18' easterly
around a curve with a radius of 50.00', thence N 370 44' 48" E, 146.02', thence S 350 10'
46" E, 102.26', thence N 01 ° 00'02" W, 610.38' to the point of beginning.
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Conservation Easement Agreement
Page 7 of 9 -
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EXHIBIT 'B'
LEGAL DESCRIPTION
SENSITIVE AREA (WETLAND) CONSERVATION EASEMENT
SHORT PLAT NO. SPL00-001 I
Parcel Nos. 332790-0270
That portion of the East half of the Northwest quarter of the Northeast
quarter of Section 17, Township 21 North, Range 5 East, W.M., in King
County, Washington, described as follows:
Beginning at a point on the East line of the East half of the Northwest
quarter of the Northeast quarter of Section 17, Township 21 North, Range 5
East, W.M., in King County, Washington, said point being 30 feet South of
the Northeast corner thereof;
Thence N 890 55' 24" W, 180.78',*thence S 060 30'.370 W, 64.78', thence
N 040 25' 22" E, 101.48' to the point of beginning; thence continuing N 04°
25' 22" E, 192.34', thence S 890 55' 24" E, 60.00', thence S 440 24' 57" E,
133.44', thence S 370 44' 48" W, 160.15', thence 32.18' easterly around a
curve with a radius of 50.00', thence N 370 44' 48" E, 146.02', thence S 350
10' 46" E, 102.26', thence N 01 00' 02" W, 188.86', thence N 440 00' 00"W,
150.00', thence due North, 85.42', thence N 440 00' 00" W, 63.64', thence S
690 01' 00" W, 106.39' to the point of beginning..
Conservation Easement Agreement
Page 8 of 9
EXHIBIT 'C'
SENSITIVE AREA
CONSERVATION ESMT,
S.E. 320th Street _
N 89' 55' 24' E
r 180,7@' ~
S 06' pW 37' V 64.78'
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S 42. 26' V 64.76'
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N 0 25' 22' E 1.46'
LAST
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cu SHORT PLATS L
SPL00-0011 I
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N 84. 55' 24' E
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R=50'
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File: 4.1.
REF. FAC01-0039 (CONSERVATION EASE AGRMNT)\E02-494
Conservation Easement Agreement
Wage 9 of 9