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Home My WebLink About20061213002498 CONSERVATION EASEMENT AGREEMENT 112706Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 EXCISE TAX NOT REQUIRED King Co. Records Division 1111111111111 2006121 PACIFIC NW TIT SAS PAGE001 OF 008 39.00 r k t-fl WA 9y--M ;~%p~ 12/13/2006 15:17 Above this line reserved for recording information. CONSERVATION EASEMENT AGREEMENT (for wetland. wetland buffer. stream and stream buffer areas) Reference # (if applicable): N/A Grantor/Borrower: Wesley Homes Lea Hill LLC.. Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE 1/4,17-21-5E Assessor's Tax Parcel ID 172105-9007&172205-9228 31 THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this day of u V v ell b-9 C 2000 by and between Wesley Homes Lea Hill 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 below: LEGAL DESCRIPTION Lot 1 of King County Short Plat No. 1181011, according to short plat recorded March 2, 1982, under King County Recording No. 8203020644, in King County, Washington. 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 and stream conservation easement (the "Conservation Easement") with respect to certain wetland, wetland buffer, stream and stream buffer areas legally described on Exhibit 'A' attached hereto and incorporated herein by reference (the "Wetland and Stream Property") located on the Subject Property; WHEREAS, it is mutually agreed that this Agreement be entered into to preserve the quality of wetlands and streams for the benefit of public health, safety, and welfare; Ud document(s) were tiled roi record by Pacific Northwest Title os Conservation Easement Agreement aoeommodation only. It has not been Page 1 of 5 exa wwwd as to proper execubm or so to ft editrr;t unnn 440.9. WHEREAS, it is mutually agreed that preservation of the quality of wetlands and stream areas are essential to maintaining a quality environment, maintaining quality water resources, and the preservation of wildlife, and that preservation of the quality of wetlands and streams are 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, wetland buffer, stream or stream buffer areas or the quality of the wetlands and streams 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 on the previous page. 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 and Stream Property legally described on Exhibit 'A' attached hereto. GRANTOR covenants not to in any way impair or interfere with the function and use of the Wetland and Stream Property, and GRANTOR further covenants to take reasonable and necessary steps to restrict access to the Wetland and Stream Property and prohibit construction of any structures or artificial surfaces or alteration of any vegetation within the Wetland and Stream Property. No activity of any kind may take place within the Wetland and Stream 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 and Stream Property or wetland and stream 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. Conservation Easement Agreement Page 2 of 5 5. PROHIBITED USES OF WETLAND AND STREAM PROPERTY. GRANTOR shall not undertake, nor cause to be undertaken any activity or use of the Wetland and Stream Property which is inconsistent with the purpose, scope, or intent of this Agreement, nor inconsistent with wetland and stream 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 and Stream Property except those rights and interests expressly conveyed to the CITY hereunder and those obligations expressly undertaken by the CITY hereunder. 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 and Stream Property or its wetland and stream functions, after fast 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 and Stream Property and agrees to pay all assessments and taxation (if any) against said Wetland and Stream 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 and Stream 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 Conservation Easement Agreement Page 3 of 5 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: L,1~s ~~-w I~r~ s l.~.a I-I. 11 tri,e By: l Name: lei a J_cy 2 1 c>v t-t£-iL<-<~. Title: ~yC kn _ JvTL STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) GRANTEE: CITY OF AUJ icipal orporation By: r Name: It WI~41 J Ougl1 Title: I1G-LiSUSv OFlLkWt4h4&, 4allr.rdA is CGNMUrttTY ~~'6.06`~Cr~'~ THIS IS TO CERTIFY that on this d day of NOLJs,tibuP- , 20t?4 before me, the undersigned, a notary public in and for the State of Washington, duly commissioned. an~ sworn, personally appeared KEV N A a Z4 An1r-2sb N , to me known to be the fuse IJY a~c,la2 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 my hand and offictal seal the day and ear of the cer[ifica fia e w 'tten. ~V ' r T . AF ~Q (Pnn Name p r~RR+ A~a~G Y - • pUBI t~~ ' • hin Notary ~blic in and for th~State of as tp ~ residing at 4, 9p, r 1- ; n My appointment expires: I i o STATE OF WASHING r County of King I certify that I know or have satisfactory evidence that M t C, R-ALl_ t • 'P414 b w 10 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 T14E CITY OF AUBURN to be the free and-voltultary act of such party for the uses and purposes mentioned in this instrument. Dated V /bd File: 2.1 REF. H:\FORMS\FE056 (5/03) Notary Publig- and for the of residing at My appointment expires Conservation Easement Agreement Page 5 of 5 EXHIBIT A LO AL DESCfWr * WETLAND ti STIMM SNEER EMM&fr and CONSERVATION MREEMENT AM those pwtone of LO 1 of trig CtMMay Sltort Plat No. 1181011, me =WdW MW Racadotg No. 920302 W. Records of OV Counly, Washington. mere parliculo ly daerxibhrd as %ftwx COfMAENCM at she Noribead owner of fall Lot 1; THENCE 8011111 Or 30' 2O` West OM Mhe West margin of 110M► Avarua B.E. and ft Eat km thaeok a dkwm of 6331 %M to the Pow Cw MGINMNM THENCE SOM 7W W 39` Wok 14M fast THENCE South Sr 41' W Wad. 27.77 tees; TFM]Nf2£ South 70`w or WOK 4'2m 019t; THEE South 46" 21'34" West. 44M fast; THENCE South Or 24'13" EGK On feet THENCE South 7S' 38' 25" West 31.13 teat b the begltrditg of a non-teOMent save to on right, tram which poW Beer radius point of sold am baMUrs NOM 3V* 3W 51' Wad, 31A2 fast OOWW, THENCE SOUth+sOlttady WWW the OM Of said chhnea, PM&ft ihrm* a cW" angle of 83.2W OW. an 00 d dwm Of 18.86 haste) a point of reverse airvabne WMh a 40.004boi rafts cram to Mw left THENCE dorg Mro at of mW mw.paaktfji throuah a amw web of 5O' 34' 25", no arc dtetatas 23.10' 43" Weal, 36.98 feet to the beginning of an 83AO4bd radlus anve to the sewgl o arc of mW am, panbg enough a cw0d angle of 48' 00' Or, an arc d THENCE South 72.10' 46' Wad, MIS *W to In b@O..*g at a 92.004bot radkis curve to 0» bit THENCE along the arc of SW curve, passing t00ugh a ow" angle of TV 13' III, an era distance of 12220 task" THENCE South Or OV 28' Erik 36.89 bd to to ihaglrutbg of an 83. NDO rersat am b the let THENCEabnp Mte am of Said cons. pmp*o 6Mottgh a am w afipb of 28' III 46`, an are ohm of 42.29 feat THENCE South 3r W 12' East,17AO Imst; THENCE North 89.39.31' Ead, 87.12 lest THENCE South 76' ar 34" Eeak 10.11 feet THENCE South 14. 58' le Weak 11.18 feet THENCE South 31.21' IW West. 4.00 feat THENCE Nato ?W 3r 31" Weak &ii foot THENCE South 83'W 3a' Waef, 28.77 feet to No beginning of a 801104bot radius cove to tna left THENCE along its we of said seta, paaNg thicuplh a cerdat angle of 34' 4r 15•, an we distance of 8613 feat THENCE South 48" 5C 2r West 73.15 feet to hue Wginrft of a 62.004M fannies m" to the right; 16 THENCE along the arc of sofa curve, passing trough a cw*W angle of 28. 41' S0'. an arc dtttence ofWASfeek Pnale NOW nuarmssniwLkft October 18.2006 Pegs 1 of 2 11192LOOLdoe Edet T.(..~,,. South 77' 34' 13' We*, 45.87 fel e to the b0pinnkg of n 02AD4M room am is the • ght; ofTHOM W 00 WO of MOM *X%*. paaatrgilroerph a central WOO at 3r 13' 8s', an airs dater" 84A? 164 THENCE North 7W tr A4' Wed, 4&14 Net to 8w begbo rp d a 80.D Act radtua curve to the tot; TT the as of add ow+% pwaina tllrouph a me" ovis at no 2w ar. an am dfslaroa or ma bet THENCE MOM 00.1r w East. M04 fast 10 on taptminp of a 146AD4cd radw arve to on rat fHEtlt abnp Nrs az of aatd ww. P 5 +Sh a tartaat arrpts of ar 44'38', an as dtdetrce of 24.66 Ant THENCE North 86' 4tr f4' Wort, 28.0T fart to 6ts Went Ina of add Lot 1; THENCE South 02' 26'1!8' Want dam vWd Went IN. 25340 feet THENCE SouBr 78.02' 21' East, 68.67 Nat TH8 M South W 48'26' Eaai, 40.08 fwA THENCE North W 6r 2V Eatt 41 AS feat THENCENoM 68' as' 10• t~.c tse,o¢ tint THENCE MOM 70` 18'24' East, 211M fad4 THENCE NOM fir 01' 3rftK US fak TH MM Nom 14.51' Or 6trt,11121 tact THENCE North 38° N' 31' Eaat. 55.411 fiat THE1MCE Notes 09' 21'40" ESK 144.74 test THORM Nadu 17' Zr 2r UK 148.66 fed t0 the bephUV of a 41f1.004aot radta; am to pta right THENCE aWV the arc of add carve, pas ft through scentrM an& of 00.3r 42% an arc dNmos of 7024 Nat to a pow of rsvem arvabaavah a =004MA and n areve to pte left THENCE Wwv Eta wo of aatd am, pea" 6rouph a oWA*i anpte of Ir 4B 13', an am dmwm of48.20Net THENCE Sm4h Sr 3W 37' Eant,1.27 Anat THENCE North 44' 81' 15' Ent< ILL (et THENCE North 790 86' 62' Fast, 23,111 Not THENCE 94A03' 2E 41" EGO, 19M Nat THENCE Sow 20' 4W 10' WM. SM Not MOMW 61'24' fisK2116 fiat 1100 Fad Ina ofaatd Lot i; NCO 42' 80'20' East a" add Esd 1110, 28.12 feet South 86'61' 94" WOK 8.02 Ant THENCE North 74/,y.24' 3E' Ent, 626 tad to TH OM North 020 80' 20' Fad Worm acid E ProW AeDr Sw to Lk*V oombsr13.2001 No"" P&p2of2 adm r-9w i +rt Loo I KIM MIMI RM 110 W P w 0 • LIAY ~ a O ~ 4 l~ avMes 0 18 07 r=goo' v ` AUBURN SENIOR job ^w*w ,dpLft, MM 720 LIVING 11192 rc WIN MM c• I-an YYE AND d STRMAM ~.sspsI-am FM BUFFER EASEMENT B e~wa CONSERVATION K A 1 d 1