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Home My WebLink About20021230001162 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- I,I, oa o. I A s~ is 1177 Project Name: Opus Park 167 July 1, 2002 Revised November 6, 2002 RWG4ss 79811.009 Page 7 of 8 WETLAND BUFFER EASEMENT EXHIBIT- 15TH STREET SW EXHIBIT "C" xl ~I 25' 0 a BOUNDARY BOULEVARD LZ Dss;pw scale HA~ Job Number . ~ 18215 72ND AVENUE SOUTH Down SRF Horizontal - KENT, WA 98032 7961 (425)251-6222 RWG a ,-=100, (425)251-8782 FAX Sheet o AW,,,d RWG Vertical s~ g o CIVIL ENGINEERING, LAND PLANNING, Dote 7/30/02 N/A ~rraQ eps«'~ SURVEYING, ENVIRONMENTAL SERVICES 1 1 of Page 8of8