Loading...
HomeMy WebLinkAbout9605151132 CONSERVATION EASEMENT 051596CITY CLERK'S OFFICE CITY OF AUBURN 25 West Main Auburn, WA 98001 WETLAND CONSERVATION EASEMENT FOR BENEFIT OF THE CITY OF AUBURN 010 -11-2 1 -5 . 2, /3. 2- Y~--r THIS AGREEMENT is made and entered into this day of , 19 , by and between ~i eo / e'K &C ~s le ~0vp. the owners of the real property described below, hereinafter referred to as "GRANTOR" C"7 f1a 11'? C~? and the CITY OF AUBURN, a municipal corporation organized under the Title 35A RCW, hereinafter referred to as "CITY" or'GRANTEE'. WHEREAS, the GRANTOR is owner in fee simple of certain real estate located in King County, Washington, legally described on Exhibit "1" attached hereto and incorporated and by reference as if set out in full, which property is subject to this Agreement and burden and perpetuity by this Agreement; and WHEREAS, the GRANTOR or representative of GRANTOR executing this document has the authority to burden the property described above; and WHEREAS, it is in the benefit of public health, safety and welfare this document a 0 be entered into to preserve quality of wetlands; and WHEREAS, the preservation of the quality of wetlands is essential to maintaining E Y~ a w s Cn a J7 .o a quality environment; and WHEREAS, the maintenance of the quality of wetlands is essential to maintaining quality water resources; and WHEREAS, the maintenance of wetlands is essential to the preservation of wildlife; and WHEREAS, the preservation of wetlands is in conformity with the Comprehensive Plan; and Conservation Easement 04/30/96 1 PLToeI- 9r &d y9~ 6 WHEREAS, the GRANTOR has received consideration for the entry into this Agreement, which consideration has a long-term benefit to the GRANTOR and the GRANTOR'S real estate; and WHEREAS the GRANTOR acknowledges the important environmental value of this easement and shall not undertake any activity which will in any way be inconsistent with the preservation of the wetland or the quality of the wetland, and WHEREAS, this easement benefits the properties of the City and burdens the subject property. NOW, THEREFORE, based upon mutual covenants to be derived the parties agree as follows: C'7 74 T-1 1. AUTHORITY TO BURDEN SUBJECT PROPERTY: in V4 Signator of this Agreement is the owner in fee simple of the property referred to Y3 above, and has full authority to burden the subject property in perpetuity and GA further agrees to indemnify and hold the City harmless from any claims from any party, including attorney fees and costs, which in any way challenges GRANTOR'S entry into this Agreement or the continuation of this Agreement. 2. EASEMENT AND PERPETUITY: The GRANTOR grants the easement set forth in this Agreement in perpetuity and expressly agrees that the easement runs with the land described herein and this easement shall be binding upon the heirs, successors, assigns, agents, and personal representatives of GRANTOR and GRANTOR does hereby voluntarily grant and convey to GRANTEE, City, a Conservation Easement in perpetuity over the property described on the terms and conditions set forth herein. 3. HEIRS, SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the heirs, successors and assigns of the parties. Conwnation Erin tent 04/30/96 2 4. BENEFIT BURDEN: This Agreement shall burden the property described herein, shall benefit the property within the City in general. 5. PERPETUITY: This Agreement shall be in perpetuity. 6. EASEMENT PURPOSE: An easement is hereby granted by GRANTOR to GRANTEE, City, which allows GRANTEE, to enter upon the property of GRANTOR, Exhibit "1", for the purposes of monitoring, maintaining, or altering to enhance the wetland. The GRANTOR agrees to not, in any way impair or interfere with the function and use of the wetland identified in Exhibit "2" and GRANTOR further agrees to prohibit the following: any structures, artificial surfaces, alterations of vegetation or human V1 W activity of any kind within the area designated as Exhibit "2" other than for the purpose of wetland enhancement or for the purpose of augmenting the wetland per approval by the City of Auburn Director of Planning and Community Development. GRANTOR further shall allow the City to enter onto the property described in Exhibit "1" for the purposes of maintaining the wetland or wetland functions such as any recharge or storm drainage area or corridor to the wetland described in Exhibit "2". 7. DUTIES OF THE GRANTEE: As partial consideration for the above, the GRANTEE agrees to preserve and protect the wetland value of the property referred to in Exhibit "2". GRANTEE shall not unreasonably interfere with the use and enjoyment by GRANTOR of that property referred to in Exhibit "1" when entering subject property, S. PROHIBITED USES OF WETLAND PROPERTY (EXHIBIT " 2"): Any activity or use of the property described in Exhibit "2" which is inconsistent with the Wetland Mitigation Plan or the purpose of this Easement is prohibited. Conscmdon Eascnml 04/30/96 3 9. RESERVED RIGHTS: The GRANTOR reserves to itself all rights and obligations incurred from ownership of the property other than those specifically conveyed by the grant of this Easement. 10. ENFORCEMENT: In the event GRANTEE, City, determines that GRANTOR is in violation with the terms of this Agreement, and enforcement action is taken, GRANTOR agrees to pay GRANTEE'S attorney fees and costs incurred in enforcing the terms of this Agreement. GRANTEE, at its option, may take corrective action, after first giving GRANTOR written notice, to protect the wetland, and, in such case, the expenses incurred by GRANTEE shall be the obligation of GRANTOR and may, at GRANT'EE'S option, become a lien against the property described in Exhibit "1" C'7 and foreclosed against the property described in Exhibit "1". In 11. ACT OF OMISSION BY GRANTEE: Any act of omission and/or forbearance by GRANTEE to exercise its rights under this Agreement or any breach thereof, mmay not be deemed or construed as a waiver ~ by GRANTEE of such terms or any subsequent breach. No delay or omission by GRANTEE in the exercise of any rights or remedies upon any breach by GRANTOR may impair such right or remedy or be construed as a waiver. 12. COSTS AND LIABILITIES: GRANTOR retains all responsibilities and will bear all costs and liabilities of any kind related to or incidental to the ownership, operation and maintenance of the subject property and agrees to pay all assessment and taxation against the property assessed by any governmental authority as they become due. In the event the GRANTOR fails to timely pay any taxes or assessments, including but not limited to, real estate taxes when due, then GRANTEE, at its sole option, may pay such taxes, and in such event, GRANTOR agrees to convey that property described in conumbon Easonrnt D5/07/96 4 Exhibit "1" (entire developed site plus wetland site, Exhibit "2") which includes all of the property including the wetland mitigation property to GRANTEE by statutory warranty deed free and clear of all encumbrances. ~-i 1l) ll~ G C~7 C7? 13. HOLD HARMLESS AND INDEMNIFICATION: GRANTOR agrees to hold harmless and indemnify and defend GRANTEE, its officials, members, employees, agents, and contractors from all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney 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 property subject to this Agreement regardless of cause, except if resulting from the sole negligence of GRANTEE. 14. ASSIGNMENT: This Easement is transferable by GRANTEE to an organization that is authorized to acquire and hold conservation easements. 15. RECORDATION: GRANTOR agrees to incorporate the terms of this Easement and any deed, lease or other agreement which divests GRANTOR of any interest in or any portion of the property. GRANTOR shall record this instrument immediately with the King County Auditor. 16. CONSTRUCTION: This Agreement is to be liberally construed in favor of the grant to effect the purpose of this Agreement. 17. SEVERABiLITY: If any provision of this Agreement is determined to be invalid or unenforceable for any reason the remaining provisions shall remain in force and effect. Conwvaton Eannad 03/07/% 5 GRANTEE CITY OF AUBURN C_tta"I.S. (A. ate' CHARLES A. BOOTH MAYOR ATTEST: N M Robin Wohlhueter, ~-1 TI City Clerk 0 wq C~ CD APPROVED AS TO FORM: m ALO~ - ) Michael J. Reynolds, City Attorney GRANTOR By: Title: YC Com mhon Estantmt W30l96 6 STATE OF WASHINGTON) )ss COUNTY OF KING ) On this day of 19 before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared CHARLES A. BOOTH and ROBIN WOHLHUETER known to be the Mayor and City Clerk of the City of Auburn, the corporation that executed the within and foregoing instrument, and acknowledged 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 they are authorized to execute said instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official N In V1 U~ CCa seal the date hereinabove set forth. AE. O, A r NOTARY -V 0. AZ OCR 04, p%**0P WAS'tk NOTARY PUBLIC in and for the State of Washington, Residing at~ MY COMMISSION EXPIRES: l d ",2 .S" -i T COnscmto 1 Easement 04130/96 7 STATE OF WASHINGTON) M ri 1.17 J CA )ss COUNTY OF KING ) On this r` day of Y c ,l 19 %2 , before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared E 1 rto me known to be the D; y , s dr,~t{ of (ler&x ee"& the corporation that executed the within and foregoing instrument, and acknowledged 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/she is authorized to execute said instrument on behalf of said non-profit corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. A., ti Irl1 `x`22- , " o AA1 OALft,,Y), qat,_ NOTARY PUBLIC in and for the State of Washington, Residing at _ MY COMMISSION EXPIRES: C.0llsffntiD 1 Emse fumt 05/01/96 8 EXHIBIT 1 LEGAL DESCRIPTION That portion of the Northwest Quarter of Section 29, Township 21 North, Range 5 East, Willamette Meridian, in King County, Washington referred to as'Tract C described as follows: Commencing at the Southeast Corner of Lot 13 of the Plat of Southdale as recorded in Volume 59 of Plats on Page 25, Records of King County, Washington: thence along the Easterly line of said plat N 08°02' 18" W 622.02 feet; thence; S 88°19'44" E 192.02 feet; thence; S 01'21'12" W 208.00 feet; thence S 36°16'19" E 163.66 feet; thence S 02°07'09" E 138.91 feet; thence S 65°07'54" E 109.41 feet; thence S 36°44'20" W 109.39 feet; thence N 88°51'21" W 188.65 feet; thence S 87°38'53" W 33.01 feet; thence S 88°38'22" W 14.25 feet to the Point ofBeginning and the terminus of this 7 description. U? EXHIBIT 2 LEGAL DESCRIPTION That portion of the Northwest Quarter of Section 29, Township 21 North, Range 5 East, Willamette Meridian, in King County, Washington described as follows: Commencing at the Southeast Corner of Lot 13 of the Plat of Southdale as recorded in Volume 59 of Plats on Page 25, Records of King County, Washington: thence along the Easterly prolongation of the South line of said plat N 88°38'22" E 14.25 feet; thence N 87°38'53" E 33.01 feet to the True Point of Beginning; thence N 5°58'31" W 160.41 feet ° " ' thence N 61 49 34 E 36.91 feet; thence N 28°10'26" W 39.33 feet to a point of tangency with a curve to the right; ( thence Northerly along said curve having a radius of 25 feet for an arc distance of 9.19 feet f~? through a central angle of 21°03'23"; C~ thence N 07°07'03" W 26.28 feet to a point of tangency with a curve to the right; thence Northerly along said curve having a radius of 25 feet for an arc distance of 24.90 feet; through a central angle of 57°03'59"; thence N 49°56'56" E 23.45 feet to a point of tangency with a curve to the right; thence Easterly along said curve having a radius of 25 feet for an arc distance of 22.54 feet; through a central angle of 51°39'20"; thence S 78°23'44" E 42.11 feet; thence S 61 °25'48" E 26.55 feet to a point of tangency with a curve to the right; thence Southerly along said curve having a radius of 25 feet for an arc distance of 9.34 feet; through a central angle of 21'24'20"; thence N 49°59' E 35.36 feet; thence S 36°16' 19" E 19.91 feet; thence S 02°07'09" E 13891 feet; thence S 65°07'54" E 109.41 feet; thence S 36°44'20" W 109.39 feet; thence N 88°51'21" W 188.65 feet to the True Point of Beginning and the terminus of this description. APPROVED PRELIMINARY PLAT OF S88°19'44'E 192,02 RIVER WALK DIVISION I i PORTION OF NW 114, 8 29, T 21 N, R 5 E, W.M. CITY OF AUBURN, KING COUNTY, WASHINGTON 0 e N y N 1 ~ IU 33' PUBLIC O WATER EASEMENT o 16.5' C] lU C] CU u S88°19'44'E 312.00 co " TRACT C SEE EXHIBIT 1 1 D=65'39' z L=28-65 6 SA rs= R=25.00 ~ L22.54 S 78'23'44° E ~ TRACT L D L=31.82 , N 49'56'56" E 4211 S 61'25'44" E R=45.00 23.45 26.55 R25 ~h• /~{p ~ D=138'50 L24.90 D=25 40 45' L-109.0 1 ~ N 77'3" ` / L R2=41500 R=45.00 6.2 S76°0 R25 cn D_ -33 51 42 L9.34 L=26.59 R25 ` WETLAND R=45.00 a L9.19 0 14 w , m D=16°18'30' J L=12.81 Q ono R=45.00 Lr) ,~69"L 301430' = cV N 28'10'26" W R=25.00 ~r 0 Ll. 39.33 0 J . S sS~js4. ~~¢?y J O r09 13 N B 14 38'2 " E WETLAND MITIGATION BOUNDARY SE CORNER t4.2 SEE EXHIBIT 2 LEGAL DESCRIPTION LOT 13&`v N 87'38'53" E 33.01 °i S88'38'22'W N 88'51'21" W 188.65 60.06 57.71 68,54 120.10 ON 2 CD th CD TRACT K ti~ v> 6.406 SF Loro =S 27°n ro o 0 12,073 SF D=3'14'19' M ~ ^ o ° cn © 3c m L=25.15 q WCA R=445 00 c N co M p 33.03 ri o Cl S88038'22'W °z D=86.30'42' 12.74 L=37.75 N82•45'48#V =25.00