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Home My WebLink About20071107002013 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 GHAV 18215 72ND AVENUE SOUTH i4 Q~ KENT, WA 98032 P ~ m Z (425)251-6222 (425)251-8782 FAX S LAND V L ENGINEERING y ~ ' , CI I ?n 'Y0EN1.10 PLANNING, SURVEYING, ENVIRONMENTAL SERVICES For: AUBURN TERRACE PLAZA WETLAND BUFFER EASEMENT EXHIBIT J J J_ m m O N O N Job Numbe 7978 Sheet 1 1