HomeMy WebLinkAbout20030912001252 CONSERVATION EASEMENT 091203,r.
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
43,132-
09120012
52
,esa
Above this line reserved for recording information.
CONSERVATION EASEMENT AGREEMENT
FAC03-0006
Reference # (if applicable): N/A f NWT
Grantor/Borrower: Thomas Durkin f
lp ~ I
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW 114 13-21N-04E
Assessor's Tax Parcel ID#: 132104-9006, 132104-9007
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and
entered into this ( day of 2003, by and between Thomas Durkin,
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 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;
Conservation Easement Agreement
Page I of 8
A f
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 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 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
Conservation Easement Agreement
Page 2 of 8
Property or wetland functions such as recharge, conveyance or storage of stormwater.
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.
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 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 limit 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.
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,
Conservation Easement Agreement
Page 3 of 8
By:
claims, demands, or judgments, including reasonable attorney's fees, arising from or in
any way connected 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 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.
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.
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the
date first written above.
GRANTOR:
GRANTEE:
CITY AUBU , a municipal corporation
By. f~'
Name: (Ra.u
Name:
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Title:
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File: #926
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Conservation Easement Agreement
Page 4 of 8
REF. H:Development\Forms\L.egals\2003
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactor evidence that S, 6ffal~
d
gunte the erson w ho appeared before me, and said individual acknowledged that
/t y signe this instrument and acknowledged it to be i j e /t, it free and
ary y ct far the uses and purposes mentioned in this instrument.
Dated
~~~~a~aaaaarrrr~
SA. K,
(P PuBuo
/~~i~ '9,>, ' .4.29-~~.
~ WAS\N
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Notary Public in d for the S to of ashington
residing at
My appointment expires
STATE OF WASHINGTON)
) ss
County of King )
I certify that I know or have satisfactory evidence that I 1~ Y'A-W SS
is the person who appeared before me. and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Planning and Community Development 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 2- F- d 5
P6\-YN
GP •~;~ssroti' of
f y , k-o w/i
v#NOT4.9k Notary Public in and for the State of Washington
- ~ : Zi residing at ?G reG- (-o u n. GI
~i 1 U MY appointment expires /D - Z!? -D 3
o
t~°~~t'I'+4SMy
Conservation Easement Agreement
Page 5 of 8
EXHIBIT "A"
LEGAL DESCRIPTION LOT 1
THE WEST HALF OF THE EAST HALF OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER, SECTION 13, TOWNSHIP 21 NORTH,
RANGE 4 EAST, WILLAMETTE MERIDIAN IN KING COUNTY, WASHINGTON;
AND THE EAST HALF OF THE WEST HALF OF THE EAST HALF OF SAID NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER;
EXCEPT THE SOUTH 718 FEET OF THE NORTH 918 FEET THEREOF LYING EAST OF
THE WEST 35 FEET OF SAID EAST HALF OF THE WEST HALF OF THE EAST, HALF OF
SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER;
AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON
FOR, STATE HIGHWAY NO. 5 BY DEED RECORDED UNDER RECORDING NUMBER
2726487.
SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTH 25,0.00
FEET OF THE WEST 35.00 FEET OF THE EAST HALF OF THE WEST HALF OF THE EAST
HALF OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER EXCEPT THAT
PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR `STATE
HIGHWAY NO. 5 BY DEED RECORDED UNDER RECORDING NUMBER °2726487.
SUBJECT TO AN. EASEMENT FOR UTILITIES OVER THE WEST 30.00 FEET OF THE
NORTH 200.00 FEET OF THE WEST HALF, EAST HALF, EAST HALF OF SAID
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; EXCEPT THAT PORTION
THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR STATE HIGHWAY NO. 5
BY DEED RECORDED UNDER RECORDING NUMBER 2726487.
LEGAL DESCRIPTION LOT 2
THE SOUTH 718 FEET OF THE NORTH 918 FEET OF THE WEST HALF OF THE EAST
HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER, SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE
MERIDIAN, IN KING COUNTY, WASHINGTON;
AND THE SOUTH 718 FEET OF THE NORTH 918 FEET OF THE EAST HALF OF THE
WEST HALF OF THE EAST HALF OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER EXCEPT THE WEST 35.00 FEET THEREOF; TOGETHER WITH
AN EASEMENT FOR UTILITIES OVER THE WEST 30.00 FEET OF THE WEST HALF OF
THE EAST HALF OF THE EAST HALF OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER EXCEPT-THAT PORTION THEREOF CONVEYED TO THE
STATE OF WASHINGTON FOR STATE HIGHWAY NO. 5 BY DEED RECORDED .UNDER
RECORDING NUMBER 2726487;
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTH 250
FEET OF THE WEST 35.00 FEET OF THE EAST HALF OF THE WEST HALF. OF THE EAST
HALF OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER EXCEPT THAT
PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR STATE
HIGHWAY NO. 5 BY DEED RECORDED UNDER RECORDING NUMBER 2726487.
Conservation Easement Agreement
Page 6 of 8
f-
EXHIBIT 'B'
LEGAL DESCRIPTION OF THE WETLAND AREA
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.; IN KING COUNTY, WASHINGTON BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF CITY OF AUBURN LOT LINE ADJUSTMENT
NO. LLA 17-86, RECORDED UNDER RECORDING NO. 8905241018, IN KING COUNTY, WASHINGTON;
THENCE ALONG THE WEST LINE OF SAID LOT 1, SOUTH 0° 31' SO" EAST FOR 158.60 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WEST LINE, SOUTH 0° 31' 50" EAST FOR 125.05 FEET;
THENCE NORTH 81 ° 56'33" EAST FOR 13.88 FEET;
THENCE NORTH 690 08'33" EAST FOR 28.41 FEET;
THENCE NORTH 30 39'45" WEST FOR 48.62 FEET;
THENCE NORTH 250 28'23" WEST FOR 10.34 FEET;
THENCE NORTH 33" 48'38" WEST FOR 26.65 FEET;
THENCE NORTH 190 20'49" WEST FOR 37.93 FEET;
THENCE SOUTH 660 43'56" WEST FOR 7.08 FEET TO THE WEST LINE OF SAID LOT 1 AND TRUE POINT
OF BEGINNING.
LEGAL DESCRIPTION OF THE WETLAND BUFFER AREA
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT I OF CITY OF AUBURN LOT LINE ADJUSTMENT
NO. LLA 17-86, RECORDED UNDER RECORDING NO. 8905241018, IN KING COUNTY, WASHINGTON;
THENCE ALONG THE WEST LINE OF SAID LOT 1, SOUTH 0° 31' 50" EAST FOR 120.21 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE SOUTH 87° 56'37" EAST FOR 30.03 FEET;
THENCE SOUTH 0° 41' 37" EAST FOR 19.01 FEET;
THENCE SOUTH 870 56'32" EAST FOR 39.75 FEET;
THENCE SOUTH 0° 41' 03" EAST FOR 178.93 FEET;
THENCE SOUTH 890 27'30" WEST FOR 70.24 FEET TO THE WEST LINE OF SAID LOT 1;
THENCE ALONG SAID WEST LINE, NORTH 0° 31' 50" WEST FOR 37.66 FEET;
THENCE NORTH 810 56'33" EAST FOR 13.88 FEET;
THENCE NORTH 690 08'3 3" EAST FOR 28.41 FEET;
THENCE NORTH 30 39'45" WEST FOR 48.62 FEET;
THENCE NORTH 250 28'23" WEST FOR 10.34 FEET;
THENCE NORTH 330 48'38" WEST FOR 26.65 FEET;
THENCE NORTH 190 20'49" WEST FOR 37.93 FEET;
THENCE SOUTH 660 43'56" WEST FOR 7.08 FEET TO THE WEST LINE OF SAID LOT 1;
THENCE ALONG THE WEST LINE OF SAID LOT 1, NORTH 00 31' 50" WEST FOR 38.40 FEET TO THE TRUE
POINT OF BEGINNING.
Page 7 of 8
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8/27/2003