HomeMy WebLinkAbout20071107002013 CONSERVATION EASEMENT AGREEMENT 061207Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
11111111
Above this line reserved for recording information.
CONSERVATION EASEMENT AGREEMENT
A(- U 1-UUSS
Reference 9 (if applicable):
Grantor/Borrower:
Grantee/Assignee/Beneficiary:
N/A
M & O Development, L.L.C.
City of Auburn
W l4.
Legal Description/STR:
23-21-04E
Assessor's Tax Parcel ID#:
2321049027 & 2321049039
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered
into this ~ day of l',11f, , 2007, by and between M & O Development, EEC,
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; ;aaa Document(s) were filed for
,word by Pacific Nortlw Q6t Tkfe 06
Conservation Easement Agreement aoeommodation only. It has not been
Page I of 7 3xaminai ac to proper axeourion or
EXCME '7 E7;°); MED as to its aft-ct urxxt tOlP.
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.
Conservation Easement Agreement
Page 2 of 7
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.
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, 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
Conservation Easement Agreement
Page 3 of 7
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 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.
GRANTOR:
o (~eu2~oP/n-~T, Lc-C
By:
Name: ~l ✓~~/Z
Title: ✓LL 0-1-K b-e
IG/tlb
File: #829
REF. H:Development\Forms\Legals\2007
GRANTEE:
CITY OF AUBURN, a municipal corporation
By:
Name: e7Si~~Gc
TitlT-~-a , talc a Co it f
Qu', i~wJ tyre
Conservation Easement Agreement
Page 4 of 7
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify I have know or have satisfacto evidence that ~c" 0Yr
is re the person(s) who appeared before me, and
said person(s cknowledged that e she/they signed this instrument on oath stated that
h yshg/they wa were authorized to exMete nth ji sjttme t and acknowle ge as the
w /they of IBC
Dl~ m- ~ -/t ALL
'r 0
a limited liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated
My appointment expires
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that ~G 4 a~
is the person who appeared before me, and said person acknowl ged 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 V~ /y' P 2
YN
_-VP 'SS101;Fe'9p
A
Nit pt/BLIC
CdrzlUL C i5 {'"0lid!~,'
Notary Public in d for t State of Washington
residing at 11 ik I't G D Lt LL,+-
My appointment exp' es l D - 29 - -7
Conservation Easement Agreement
Page 5 of 7
EXHIBIT A
LEGAL DESCRIPTION
Lots 3 and 3A of City of Auburn Lot Line Adjustment No. LLA-01-0007, as recorded under
Recording No. 20011106001193, Records of King County, Washington.
Project Name: Auburn Terrace Plaza
August 31, 2007
RWG/BDG/jss
79781.011.docx
EXHIBIT B
LEGAL DESCRIPTION
WETLAND BUFFER EASEMENT
All those portions of Lots 3 and 3A of City of Auburn Lot Line Adjustment No. LLA-01-0007, as
recorded under Recording No. 20011106001193, Records of King County, Washington, lying North
of the following described line:
COMMENCING at the Northwest corner of said Lot 3;
THENCE North 88° 37' 52" East along the Northerly line thereof, a distance of 201.55 feet to the
TRUE POINT OF BEGINNING of herein described line;
THENCE South 13° 14'32" East, 94.24 feet;
THENCE North 76° 45' 28" East, 7.53 feet;
THENCE South 83° 39'42" East, 14.04 feet;
THENCE South 74° 45' 51" East, 34.29 feet;
THENCE North 89° 20' 16" East, 15.99 feet;
THENCE South 55° 27'24" East, 20.65 feet;
THENCE South 83° 32'01 " East, 9.60 feet;
THENCE North 76° 00'06" East, 8.17 feet;
THENCE North 66° 36'06" East, 71.46 feet;
THENCE North 50° 19' 13" East, 34.64 feet;
THENCE North 68° 32'21" East, 12.73 feet;
THENCE North 81 ° 11' 19" East, 46.46 feet;
THENCE North 75° 40' 55" East, 34.04 feet;
THENCE South 90° 00'00" East, 130.43 feet;
THENCE South 00° 00'00" East, 15.14 feet to a point of tangency;
THENCE Southeasterly along the arc of a curve to the left, having a radius of 2.50 feet, through a
central angle of 89° 58' 06", and an arc length of 3.93 feet;
THENCE South 89° 58'06" East, 84.05 feet;
THENCE North 77° 24' 49" East, 32.83 feet to the Easterly line of said Revised Lot 3A, and the
Westerly margin of West Valley Highway, from which point the Northeast corner of said Lot 3A
bears North 11° 08' 47" West, 65.31 feet distant.
Project Name: Auburn Terrace Plaza
August 7, 2007
RWG/BDG/jss
79781.011.docx
EXHIBIT C
T=150'
POINT OF COMMENCEMENT 130.43'
N75'40'55"E
S88-37'52"W T.P.O.B. 34.04'
201.55' S88'37'52"W 545.93'
' WETLAND. BUFF R N1 ros'a7"w
65.31'
S13.14'32"E EASEMENT
3 49"W
94.24' N81'11'19"E 322.83'
.83'
N76'45'28"E 46.46' S89'58'06"E
7.53' N68'32'21 "E
S83'39'42"E 12.73' NO'00'00"E ~=89'58'06" 84.05'
14.04' N50-19'13"E 15.14' R=2.50'
'
574'45'51 "E 34.64' L=3.93'
34.29" N66'36'06"E
N89'20'1 6"E 71.46'
15'99 N76'00'06"E 3A
555'2724E 8.17'
3 20.65' 583'32'01"E
9.60' O^ /o oo^ ^
1 SRN
Scale:
Horizontal 1"=150' Vertical
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18215 72ND AVENUE SOUTH
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KENT, WA 98032
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(425)251-6222
(425)251-8782 FAX
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WETLAND BUFFER
EASEMENT EXHIBIT
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Job Numbe
7978
Sheet
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