HomeMy WebLinkAbout20061213002487 CONSERVATION EASEMENT AGREEMENT 112006/t2 f~ ;:1
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
viii
EXCISE TAX NOT REQUIRED
IGng Co. Records Division
v Puty
Above this line reserved for recording information.
CONSERVATION EASEMENT AGREEMENT
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e # (if applicable): N/A (unless previous recording Additional on page: I
Grantor/Borrower: 1)F/2-57- ''el S ZA/C_ 2)
Additional on page: _
Grantee/Assignee/Beneficiary: City of Auburn
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THIS CONSERVATION EASEMENT AGREEMENT (the "A reeemeriP is mfde iW entered into this
2i-" day of NI-L--u- , 20P% by and between f -Y-'!: e' 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;
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
Conservation Easement Agreement
Page l of 5
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 (except as
outlined in Paragraph 2a below) 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. Said document(s) were filed for
record by Pacific Northwest Tale as
accommodation only. It has not base
et wwled as to proper ezewoon or
Conservation Easement Agreement an upon tMe.
Page 2 of 5
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 and after
GRANTOR'S failure to cure within a reasonable time which reasonable time shall not
exceed 30 days after notice unless the parties agree otherwise, 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, 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.
Conservation Easement Agreement
Page 3 of 5
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.
Conservation Easement Agreement
Page 4 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date
first written above.
GRANTOR: GRANTEE:
2 ST, ( ti( C . CITY O UBU a municipal corporation
By: By: 2=Aod..~
Name: Name: C`I`&t.~~`'S
1
Title: 2ES1 DENT- Title:
STATE OF WASHINGTON
ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this 20'04day of (nJ ✓rl4lcl2 201- before me, the undersigned, a
notary public in and for the State of Washington, duly commissioned and sworn, personally appeared
G-00 AIF i4L)Ixeilp-e`+ , to me known to be the manager member that executed the foregoing
instrument and acknowledged the said instrument to be their free and voluntary act and deed for the uses and
purposes therein mentioned.
WITNESS rr~f11t}A(~'/~c;al seal the day and year of the certificate first above written.
W • ~r'.
NO ~.'~Exn,,ye MiCxta~t_ P wi_IGHr
P (Pri t Name)
s g °eJO~ 2 Notary Public in and for the Mate of Washington
ya¢j 2 - residing at A-il wa%... W&
'~j~",~ a:.•'•• Pr~`Q~ My appointment expires: D 4 / 22.0"7
STATE OF WASHf Wr~)pF~~~
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
Notary Public in and for the State of Washington
residing at
My appointment expires
/bd
File: 2.1
REF. H:\FORMS\FE056 (5/03)
Conservation Easement Agreement
Page 5 of 5
LEGAL DESCRIPTION AFTER LOT CONSOLIDATION
LOT 3, CITY OF AUBURN SHORT PLAT NO. SP-17-79R (KING CO. RECORDING
NO. 8005190339) AND THAT PORTION OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER, SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST,
W.M. DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3 THENCE S
87027'30"E ALONG THE NORTHERLY LINE OF SAID LOT 3 A DISTANCE OF
150.00 FEET; THENCE S 2°32'30"W ALONG THE EASTERLY LINE OF SAID LOT
3 A DISTANCE OF 120.00 FEET; THENCE S 87°27'30"E ALONG THE
NORTHERLY LINE OF SAID LOT 3 A DISTANCE OF 268.58 FEET; THENCE S
2°24'25"E ALONG THE EASTERLY LINE OF SAID LOT 3 AND A PORTION OF
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 13,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. A DISTANCE OF 78.25 FEET
MORE OR LESS TO THE NORTHERLY MARGIN OF STATE HIGHWAY 18
(PRIMARY STATE HIGHWAY NO. 2, JCT., P.S.H. NO. 1 TO AUBURN); THENCE
SOUTHWESTERLY ALONG SAID NORTHERLY MARGIN OF HIGHWAY 18 A
DISTANCE OF 520 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF
SAID LOT 3; THENCE N 2°32'30"E ALONG THE WEST LINE OF SAID LOT 3 A
DISTANCE OF 491.68 FEET MORE OR LESS TO THE POINT OF BEGINNING.
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Exhibi t-A
CONSERVATION EASEMENT
THAT PORTION OF LOT 3, AUBURN SHORT PLAT NO. SP-17-79R (KING
COUNTY RECORDING NO. 8005190339) DESCRIBED AS FOLLOWS.
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 3, THENCE N
2°32'30"E ALONG THE WEST LINE OF SAID LOT 3 A DISTANCE OF 50.00 FEET;
THENCE SOUTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 50.00
FEET (THE RADIUS POINT BEARS S 2°32'30"W) A DISTANCE OF 59.10 FEET
MORE OR LESS TO THE SOUTHEASTERLY LINE OF SAID LOT 3; THENCE S
70016'08"W ALONG THE SOUTHERLY LINE OF SAID LOT 3 A DISTANCE OF 50
FEET MORE OR LESS TO THE POINT OF BEGINNING.
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