The URL can be used to link to this page

Home My WebLink About20070919002379 CONSERVATION EASEMENT AGREEMENT 070607Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. CONSERVATION EASEMENT AGREEMENT (for wetland and wetland buffer areas) Additional on oade: Grantor/Borrower: 1) Centex Homes 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE '/a Sec. 31, T22N, R05E, W.M. Additional on page: Assessor's Tax Parcel 104: 0004200023 THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this -day of , 2007, by and between Centex Homes , 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', and depicted on Exhibit `C' 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 1 of 8 EXCISS" FAX N0 KQ' :RED . R ds Gi inn P "a i3ocument(s) wen filed for regard by Pacific Nmhwaa TMe" 20Ornnmodation only. It has not Men axamined as to proper exoallon or as to Its affect upon We. 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: 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' and depicted on Exhibit `C' 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. 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. Conservation Easement Agreement Page 2 of 8 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. 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 8 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 8 IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first written above. GRANTOR: b By: Name: TLO6 V1,1464y- Title:,, VvSL tm ~i!'~ed-G>L~j STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) GRANTEE: CITY OF AUBURN, a municipal corporation By L" ~r/ k( Name: 0-- Title: co tY a_c~a2 THIS IS TO CERTIFY that on this ill day of Ju~ LA ~ 2001 before me, the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared QO p~dYS> t~ to mePown to be the manager member that executed the foregoing instrument and acknpi0*96i,~said instrument go be their free and voluntary act and deed for the uses and purposes [herein LyL. jlf d- I ~pTARY t PUBOt °rnnnuw STATE OF WASHINGTON) )ss. C t f K' the daj, and year of the certificate first above written. ~i +-r to I Notary Publi in. and for to State of Washington residing at I ~ C- My appointment expires: oun y o mg ) I certify that I know or have satisfactory evidence that lk~ 4i~ 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 voluntarynact of such party for the uses and purposes mentioned in this instrument. Dated i'. : U -*4 pTAg1,'P o ~a a N' PUB1.NG O,F...... s# 4440 '?Z11 Notary Public in and for they~4ate of Was ton residing at KP/~-4 My appointment expire -A - q - 7 RB RLRM♦ VANtserverAdataVob Files\2001AOt 733\Sumey ACADA07-02-07 Wetland Ruffer (Tract R)AWetland Conservation esm4 Fract R.DOC Conservation Easement Agreement Page 5 of 8 EXHIBIT 'A' LEGAL DESCRIPTION (PER STATUTORY WARRANTY DEED UNDER RECORDING NO. 20031008001434) THAT PORTION OF THE GEORGE E. KING DONATION LAND CLAIM NUMBER 40 IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS: COMMENCING AT A 6" X 6" SANDSTONE MONUMENT MARKING THE SOUTHWEST CORNER OF THE R.H. BEATTY DONATION LAND CLAIMS NUMBERS 37 AND 44; THENCE SOUTH 89°00'01" EAST, ALONG THE SOUTH LINE OF SAID R.H. BEATTY DONATION LAND CLAIM AND THE NORTH LINE OF THE W.A. COX DONATION LAND CLAIM NUMBER 38, A DISTANCE OF 2,643.18 FEET TO A 2" DIAMETER CONCRETE-FILLED IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID R.H. BEATTY DONATION LAND CLAIM AND THE NORTHEAST CORNER OF SAID W.A. COX DONATION LAND CLAIM; THENCE CONTINUING SOUTH 89°00'01" EAST 638.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING SOUTH 89°00'01" EAST, 1,617.39 FEET TO A POINT ON A LINE ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING COUNTY RECORDING NO. 8110150749; THENCE ALONG SAID LINE SOUTH 46°26'33" EAST 103.45 FEET; THENCE ALONG SAID LINE SOUTH 34°19'49" EAST 211.01 FEET; THENCE ALONG SAID LINE SOUTH 09°48'39" WEST 412.45 FEET; THENCE ALONG SAID LINE SOUTH 01°43'38" EAST 263.60 FEET; THENCE ALONG SAID LINE SOUTH 08°38'47" WEST 208.18 FEET; THENCE NORTH 88°49'05" WEST 503.22 FEET; THENCE NORTH 19°30'00" EAST 110.98 FEET; THENCE NORTH 88°49'05" WEST 1,283.52 FEET; THENCE NORTH 01°48'33" EAST ALONG A LINE PARALLEL WITH THE EAST LINE OF SAID COX DONATION LAND CLAIM 1,008.50 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR SOUTH 277TH STREET, DESCRIBED AS FOLLOWS: BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°00'01" EAST, 1,617.39 FEET TO A POINT ON A LINE ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING COUNTY RECORDING NO. 8110150749; THENCE ALONG SAID LINE SOUTH 46°26'33" EAST 103.45 FEET; THENCE ALONG SAID LINE SOUTH 34°19'49" EAST 60.80 FEET; THENCE NORTH 79°05'59" WEST 581.27 FEET; THENCE NORTH 88°59'57" WEST 1,156.72 FEET TO A POINT 20.00 FEET EAST OF THE EAST RIGHT-OF-WAY MARGIN OF I STREET NORTHEAST, THENCE NORTH 01 °48'33" EAST 20.00 FEET TO THE POINT OF BEGINNING OF THIS EXCEPTION: SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON Conservation Easement Agreement Page 6 of 8 EXHIBITS' WETLAND BUFFER (BASED OF FIELD SURVEY) THAT PORTION OF THE GEORGE E. KING DONATION LAND CLAIM NUMBER 40 IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS: COMMENCING AT A 6"X6" SANDSTONE MONUMENT MARKING THE SOUTHWEST CORNER OF THE R.H. BEATTY DONATION LAND CLAIMS NUMBERS 37 AND 44; THENCE SOUTH 88°59'44" EAST ALONG THE SOUTH LINE OF SAID R.H. BEATTY DONATION LAND CLAIM AND THE NORTH LINE OF THE W.A. COX DONATION LAND CLAIM NUMBER 38, A DISTANCE OF 2643.18 FEET TO A 2" DIAMETER CONCRETE-FILLED IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID R.H. BEATTY DONATION LAND CLAIM AND THE NORTHEAST CORNER OF SAID W.A. COX DONATION LAND CLAIM; THENCE CONTINUING SOUTH 88°59'44" EAST A DISTANCE OF 638.43 FEET; THENCE SOUTH 01°48'18" WEST ALONG A LINE PARALLEL WITH THE EAST LINE OF SAID COX DONATION LAND CLAIM A DISTANCE OF 34.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°59'44" EAST A DISTANCE OF 107.41 FEET TO THE BEGINNING OF A 33.50 FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 62°20'21" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 16.76 FEET, THROUGH A CENTRAL ANGLE OF 28°39'55", THENCE SOUTH 01°00'16" WEST A DISTANCE OF 7.36 FEET TO THE BEGINNING OF A 1028.50 FOOT RADIUS TANGENT CURVE TO THE LEFT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 55.20 FEET, THROUGH A CENTRAL ANGLE OF 03°04'31"; THENCE NORTH 89°56'09" WEST A DISTANCE OF 114.13 FEET; THENCE NORTH 01°48'18" EAST PARALLEL WITH THE EAST LINE OF SAID COX DONATION LAND CLAIM A DISTANCE OF 80.49 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. Conservation Easement Agreement Page 7 of 8 F CONCRETE VISITED C.E. KING O.L.C. FNO. "X* M TOP OF PIPE. VISITED 06/19/02 2648.01' SOP48}8"W ISTREET NE FAD 2'X2" W001 VISITED O6/' N. 0.01' k E. CURVE TABLE CURVE RADWS LENCIN DELTA p1 16.]6' 20'39'55" C2 2s, I 1020. 5.20 3V 4'31" LINE TABLE LINE LENGTN BEARING 11 34.50' 511'48'10"W L2 7.Jfi SO1 0'16"W 0 30 60 1 Jj~ -C 7/02/07 EC, 31, OF SW i22N 1,/4 NE ROSE. 1/4 W.M. WETLAND G1.=601 SHEET 8 OF 8 BUFFER SEC. o d` I ENV 1 (MF) MEASURED VALUE PER FIELD SURVEY (L) LEGAL DESCRIPTION VALUE PER DEED UNDER REC. NO. 20031008001434. 20, -1