HomeMy WebLinkAbout20021230001162 CONSERVATION EASEMENT 123002A 3. 8. a. 4
Retura Addregs:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Said dmument(s) wera fil®d f07
MCOrd by Pacific Northwest Thlo
accommodation only. It has iV &100,
oxamined as to prepay c;7ct . ~i;~sr+ t$
as to its affect upon We.
30001162
1 AG
1 26.00
Above this line reserved for recording information.
CONSERVATION EASEMENT AGREEMENT
(For Wetland and Wetland Buffer Areas)
FAC02-0009
Reference# (if applicable):
Grantor/Borrower:
Additional on page:
2)
Additional on page:
N/A
Opus Northwest, LLC
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NE 1/a, 23-21-04
Additional on page: I
Assessor's Tax Parcel ID#: 030150-0010, 0020 & 0060
001aco PNwT
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this
day of Q,etP~r,kK. , 20? by and between Opus Northwest, LLC, 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 Exhibits `B' and `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] of 8
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 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.
Conservation Easement Agreement
Page 2 of 8
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
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.
Conservation Easement Agreement
Page 3 of 8
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.
GRANTEE:
41v 1-Aal" /.I. c.
CITY OF AUBURN, a municipal corporation
By. 1
Name'--a . \ \62CA-&,-c5
Title:
Conservation Easement Agreement
Page 4 of 8
GRANTOR:
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
I certify I have know or have satisfactory evidence that ~(IAYr,f~.S ~.i2 /1r.crn S
is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they
signed this instrument on oath stated that he/she/they was/were authorized to execute the
instrument and acknowledge as the %C-. "
S-'% QLA 44 JZ7
RV~Z
of the 0"c--, ts. A ry'V'%-W..PS - , a limited liability company, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
jC.C~st
Dated
STATE OF WASHINGTON)
oI tary Public in and for the State of Washington
residing at q11; - I Ib St (f , W
My appointment expire ~xVI It r T3~11,P
)ss.
County of King }
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
instrument, 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 V1- t ( 02-.
PPOLYN F +titl
G OIS81p+, BIt
o ' v NoT,9,9 dpi
11 ~:.0
111. 29 ..p 3 S
Notary Public in an(( for the
residing at 1
My appointment expires
rr /bi
File: #822
REF. H:DEVELOPMENrTORMS\LEGAL\2002
E- S
~S,itate of Was ington
Conservation Easement Agreement
Page 5 of 8
EXHIBIT A
LEGAL DESCRIPTION
Lot "A" of City of Auburn Lot Line Adjustment No.LLA-02-0017, as recorded under recording
No. 20020820001320, Records of King County, Washington and Lots "B", "C", "D", "E", and
Tract "F" of City of Auburn Lot Line Adjustment No. LLA-02-0014, as recorded under
Recording No. 20020724000970, Records of King County, Washington.
~t
Conservation Easement Agreement
Page 6 of 8
EXHIBIT „B„ LEGAL DESCRIPTION
WETLAND BUFFER EASEMENT
All those portions of Lot "A" of City of Auburn Lot Line Adjustment No. LLA-02-0017, as recorded
under Recording No. 20020820001320, Records of King County, Washington, and of Lot "B" and
Tract Or of City of Auburn Lot Line Adjustment No. LLA-02-0014, as recorded under Recording
No. 20020724000970, Records of King County, Washington more particularly described as
follows:
BEGINNING at the Northwest comer of said Lot "A";
THENCE South 01 ° 07' 24" West, along the West line of said Lot "A", a distance of 20.19 feet;
THENCE North 83" 20'2(r East, 99.68 feet;
THENCE South 89° 39'29" East, 251.96 feet;
THENCE North 71" 54' 13" East, 22.08 feet;
THENCE North 18° 05'47" West, 20.00 feet to the Northerly line of said Lot "A" and the Southerly
margin of 15th Street S.W.;
THENCE Westerly along the Northerly line of said Lot "A" and said Southerty margin to the
POINT OF BEGINNING.
TOGETHER WITH the West 35 feet of said Lots "A" and "B" and Tract "F";
EXCEPT the North 20 feet of said Lot "A";
ALSO EXCEPT the East 10 feet of the West 35 feet of said Tract "F";
ALSO EXCEPT the East 10 feet of the South 2.4 feet of the West 35 feet of said Lot 'B".
06 02-
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Project Name: Opus Park 167
July 1, 2002
Revised November 6, 2002
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79811.009
Page 7 of 8
WETLAND BUFFER EASEMENT EXHIBIT-
15TH STREET SW
EXHIBIT "C"
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CIVIL ENGINEERING, LAND PLANNING,
Dote 7/30/02
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SURVEYING, ENVIRONMENTAL SERVICES
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