HomeMy WebLinkAbout20090814001423 DEDICATION OF OPEN SPACE FOR WETLAND CONSERVATION 081009Return Address:
City of Auburn
City Clerk
25 West Main Auburn, WA 9800' 20090814001423
PACIFIC NW TIT MISC 71.00
PAGE-001 OF 010
08/14/2009 12:15
KING COUNTY, WA
Above this line reserved for recording information.
DEDICATION OF OPEN SPACE FOR WETLAND CONSERVATION
kUlt Of HUOnrn 1Vw11awK rldSLICS W enanU NMI aUVfl JRCJ
Reference # (if applicable): N/A -71
Dedicator: City of Auburn
Legal Description/STR: NE Section 23, Township 21 North, Range 4
East
Assessor's Tax ParcelID#: 232104-9024,232104-9023 and 232104-9028
WJ,L5~96 f
THIS DEDICATION OF OPEN SPACE FOR WETLAND
CONSERVATION (referr to hereinafter as "Dedication") is made and entered
into this ~ day of 6- 2009, by the CITY OF AUBURN, a
Washington Municipal Co ration organized under Title 35A RCW, acting
through its SANITARY SEWER UTILITY, hereinafter referred to as the "CITY".
WHEREAS, the CITY 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 Dedication and burdened in perpetuity with this Dedication
(the "Subject Property");
WHEREAS, the CITY or the representative of the CITY executing this
Dedication has the authority to burden the Subject Property for the purpose of
granting a perpetual non-exclusive wetland conservation dedication (the
"Dedication of Open Space for Wetland Conservation") with respect to certain
wetland areas legally described on Exhibit B and Exhibit B-1 attached hereto and
incorporated herein by reference (the "Wetland Property") located on the Subject
Property;
WHEREAS, in order to satisfy the requirements of the Department of the
Army Permit Number NWS-2007-1913 and the Water Quality Certification Order
Open Space For Wetland Conservation Dedication ,cTCCr~. by pacYie tjc{(`:"r,il,g:. a~
Page 1 of 10 a(x)+nnindation )NY, h h~", nod 0,)v,
-,canned as to proper executi- s
4nftoct uAon We
Number 6501 for the U.S. Army Corps of Engineers in connection with the
conditions imposed upon the CITY for the Mohawk Northern Plastics Facility
Expansion Project, and to comply with CITY critical area regulations ACC
16.10.090.E. 1.f for permit ADD08-0028, the City agrees to record this Dedication
to preserve the quality of wetlands for the benefit of public health, safety, and
welfare;
WHEREAS, it is understood 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, the CITY has acknowledged the important environmental value
of this Dedication and agrees not to undertake any activity which will in any way
be inconsistent with the preservation of the wetland or the quality of the wetlands
on the Subject Property without appropriate mitigation for said disturbances;
NOW, THEREFORE, in consideration of the issuance of the above-
mentioned permits and the benefits to be derived, the CITY hereby dedicates in
perpetuity, open space for wetland conservation, for the benefit of the public, as
follows:
1. AUTHORITY TO BURDEN SUBJECT PROPERTY. The CITY 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 for the
benefit of the public.
2. NO MERGER. The rights that are set forth herein are usually secured by
means of an easement, but in this instance there is no separate legal entity to
which the City can grant such an easement. Since an easement granted by an
entity to itself would merge into the fee ownership, it would have no legal
effect. The City intends by recording of this Dedication to provide actual and
constructive notice to the successors, assigns, purchasers, transferees, and
lessees of the Subject Property of the restrictions imposed by this dedication.
3. DEDICATION IN PERPETUITY. The CITY intends that the restrictions
contained in this Dedication not merge into the fee title and thereby be
removed or eliminated. The CITY hereby dedicates in perpetuity and
covenants that this Dedication shall run with the land included in the Subject
Property legally described in Exhibit A attached hereto. This Dedication shall
burden the Subject Property and benefit the CITY and the public.
Open Space For Wetland Conservation Dedication
Page 2 of 10
4. HEIRS, SUCCESSORS, AND ASSIGNS. This Dedication shall be
binding on the City's heirs, successors, and assigns.
5. SCOPE OF DEDICATION. This Dedication shall allow the CITY to
enter upon the Subject Property for the purposes of constructing, monitoring,
maintaining, preserving, and enhancing the Wetland Property legally
described on Exhibit B attached hereto. The CITY covenants not to in any
way impair or interfere with the function and use of the Wetland Property, and
the CITY 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 wetland 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,
Building and Community. 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.
6. PROHIBITED USES OF WETLAND PROPERTY. The CITY 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
Dedication, nor inconsistent with wetland functions such as: recharge,
conveyance, or storage of stormwater; mitigation measures required; and
vegetative enhancement or protection.
The following activities shall not occur within the Wetland Property, with the
exception of those activities that are specifically a construction or
maintenance component of the mitigation plan or construction documents
approved as part of the Permits:
(a) Removal, excavation, or disturbance of the soil;
(b) Dumping or filling with any materials;
(c) Installation of structures;
(d) Placement of pavement or other impervious surface;
(e) There shall be no removal, destruction or cutting of native trees or plants,
introduction of non-native or invasive animals and plants, grazing of domestic
animals, or disturbance or change in the natural habitat in any manner, except
as provided for by applicable law.
(f) The use of fertilizers or pesticides that are not specifically approved for use
by applicable law;
Open Space For Wetland Conservation Dedication
Page 3 of 10
(g) Taking any action to alter the hydrology of the Wetland Property that is
not specifically permitted under applicable law.
The Wetland Property, including its air space and its subsurface, and any
portion thereof shall not be included as part of the gross area of other property
not subject to this Dedication for the purpose of determining density, lot
coverage, or open space requirements, under otherwise applicable laws,
regulations or ordinances controlling land use and building density.
There shall be no other acts or uses detrimental to the preservation of the
Wetland Property, including its air space and its subsurface in their natural
state as a valuable component of a wetlands ecosystem.
RESERVED RIGHTS. The CITY reserves to itself all rights, title,
interest, and obligations incident to ownership of the Subject Property and
Wetland Property.
8. ENFORCEMENT. In the event that the CITY is no longer the owner of
the Wetland Property and a violation of the terms of this Dedication is noted
to the CITY in writing, the CITY shall notify the then-current owner that the
owner has thirty (30) days from receipt of said notice to cure the violation. If
the owner does not cure the violation, the CITY may initiate an enforcement
action as provided for by law. The CITY, at its option, may take action to
preserve and protect the Wetland Property or its wetland function, after first
giving written notice, to protect the wetland, and, in such case, the reasonable
expenses incurred by the CITY shall be recoverable from the party that is
found to be in violation of this Dedication.
9. COSTS AND LIABILITIES. The CITY 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 for as long as the CITY remains the fee owner
of the Wetland Property.
10. RECORDATION. The CITY agrees to incorporate the terms of this
Agreement in any deed, lease or other agreement which divests the CITY of
any interest in any portion of the Subject Property. The CITY shall record this
Dedication immediately in the Office of the King County Department of
Records and Elections.
Open Space For Wetland Conservation Dedication
Page 4 of 10
11. CONSTRUCTION. This Dedication shall be liberally construed to effect
the purpose and intent hereof.
12. SEVERABILITY. If any provision of this Dedication is ruled invalid or
unenforceable for any reason by a court of competent jurisdiction, the
remaining provisions hereof shall remain in force and effect.
This Dedication shall be effective as of the date first written above.
DEDICATOR:
CITY OF A (BU um ' al corporation
By:
Name: Peter B. Lewis
Title: Mayor
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Peter B. Lewis was the
person who appeared before me, and said person acknowledged that they signed
this instrument, on oath stated that they were authorized to execute the instrument
and acknowledged it as the MAYOR of the CITY OF AUBURN to be the free
and voluntary act of said city for the uses and purposes mentioned in this
ins Mine l
Dated
oNotary PublicJt and for th>e`Statof Washington
''9~~ %F "'a~,;.~ ~;~'•A\aG~ Residing at Zn u yL1e~CG~-~
My appointment expires: /(2 '7 -d9lf
Open Space For Wetland Conservation Dedication
Page 5 of 10
EXHIBIT A - Subject Property
Descriptions of parcels partially impacted by the "Dedication of
Open Space for Wetland Conservation"
Parcel A
Tax Parcel 232104-9024 (Description from PNWT Order No. 665929)
THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 23, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE SOUTH 89°58'15"
WEST ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 1315.84 FEET TO THE
1/16TH SECTION CORNER;
THENCE SOUTH 0°42'21" WEST, 12.00 FEET; THENCE SOUTH 89°58'15" WEST PARALLEL WITH
SAID NORTH LINE OF SECTION 23, A DISTANCE OF 528.65 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 0°01'45" EAST, 208.71 FEET; THENCE SOUTH 89°58'15" WEST,
269.08 FEET TO THE EASTERLY LINE OF WEST VALLEY HIGHWAY HAVING A RIGHT ANGLE
WIDTH OF 60 FEET; THENCE NORTH 30°01'15" EAST ALONG SAID EASTERLY LINE, 241.12
FEET TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS NORTH 89°58' 15"
EAST; THENCE NORTH 89°58'15" EAST, 148.34 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION CONVEYED TO WASHINGTON STATE HIGHWAY COMMISSION BY
DEED RECORDED UNDER RECORDING NUMBER 7102080383, BEING DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 23, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M„ IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE NORTH 89°25'25"
WEST ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 1316.04 FEET TO THE
1/16TH SECTION CORNER;
THENCE SOUTH 01 009'30" WEST, 12.00 FEET; THENCE NORTH 89°25'25" WEST PARALLEL
WITH SAID NORTH LINE OF SECTION 23, 528.65 FEET; THENCE SOUTH 0°34'35" WEST, 208.71
FEET; THENCE NORTH 89°25'25" WEST, 234.27 FEET TO A LINE DRAWN PARALLEL WITH
AND 50 FEET SOUTHEASTERLY WHEN MEASURED AT RIGHT ANGLES TO THE WEST
VALLEY HIGHWAY CENTERLINE OF SR 167, AUBURN, 17TH STREET SOUTHWEST TO
SOUTH 285TH STREET, THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH
89°25'25" WEST, 34.86 FEET; THENCE NORTH 30041'28" EAST, 241.28 FEET; THENCE SOUTH
89°25'25" EAST TO SAID SOUTHEASTERLY MARGIN, A DISTANCE OF 34.68 FEET; THENCE
SOUTH 30°41'28" WEST ALONG SAID SOUTHEASTERLY MARGIN, A DISTANCE OF 241.28
FEET TO THE TRUE POINT OF BEGINNING.
Parcel B
Tax Parcel 232104-9023 (Description from PNWT Order No. 665928)
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 23, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
Page 6 of 10
BEGINNING AT THE NORTHEAST CORNER OF SECTION 23; THENCE SOUTH 89058'15" WEST
ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 1315.84 FEET TO THE 1/16TH
SUBDIVISION CORNER; THENCE SOUTH 0°42'21" WEST, 12.0 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 0°42'21" WEST, 650.56 FEET; THENCE SOUTH 89°55'55" WEST,
1045.38 FEET TO EASTERLY LINE OF WEST VALLEY HIGHWAY HAVING A RIGHT ANGLE
WIDTH OF 60 FEET; THENCE NORTH 30°01'15" EAST ALONG SAID EASTERLY LINE OF SAID
HIGHWAY, 511.22 FEET; THENCE NORTH 89°58'15" EAST, 269.08 FEET; THENCE NORTH
0°01'45" WEST, 208.71 FEET TO A POINT 12.0 FEET SOUTH OF NORTH LINE OF SAID SECTION
23; THENCE NORTH 89'58'15" EAST PARALLEL TO THE NORTH LINE OF SECTION 23, A
DISTANCE OF 528.65 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION CONDEMNED FOR STATE HIGHWAY IN KING COUNTY SUPERIOR
COURT CAUSE NUMBER 726045;
AND EXCEPT THAT PORTION WITHIN THE WEST VALLEY HIGHWAY (SR 181).
Parcel C
Tax Parcel 232104-9028 (Description from PNWT Order No. 665975)
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH HALF OF THE
NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 21 NORTH, RANGE
4 EAST, W.M., IN KING COUNTY, WASHINGTON, WITH THE EAST LINE OF WEST VALLEY
HIGHWAY HAVING A RIGHT ANGLE WIDTH OF 60 FEET; THENCE NORTH 88°58'00" EAST
ALONG THE NORTH LINE OF SAID SUBDIVISION, 650 FEET; THENCE SOUTH 0°42'00" WEST,
353 FEET; THENCE SOUTH 88°58'00" WEST TO THE EAST LINE OF SAID HIGHWAY; THENCE
NORTHERLY ALONG SAID EAST LINE TO THE PLACE OF BEGINNING:
EXCEPT THAT PORTION CONVEYED TO THE STATE FOR HIGHWAY BY DEEDS RECORDED
UNDER RECORDING NUMBER 6663759;
AND EXCEPT THAT PORTION WITHIN WEST VALLEY HIGHWAY (SR 181).
Page 7 of 10
EXHIBIT B
Legal Description for the Dedication of
Open Space for Wetland Conservation
That portion of the northwest quarter of the northeast quarter of Section 23 Township 21
North, Range 4 East, W.M., in King County Washington lying within parcels A, B and C,
as described in attached Exhibit A, said portion being more fully described as follows:
Commencing at the most northerly corner of the lands surveyed in Record of Survey
recorded in Volume 241 of Surveys at Pages 130 and 131, under recording number
20080229900005 records of King County, Washington, said northerly corner identified
on said survey as being at SR-167 Station 515+60, 870' Left where this survey shows a
Rebar & Cap LS 42695 was set;
Thence along the east margin of West Valley Highway, South 35°51'17" West a distance
of 69.09 feet to an angle point in said east margin of West Valley Highway as shown in
said Record of Survey where this survey indicates a Rebar & Cap LS 42695 was set;
Thence continuing along the east margin of West Valley Highway, South 30°42'06" West
a distance of 534.89 feet to the Point of Beginning for this Wetland Conservation
Dedication;
Thence South 89°31'37" East a distance of 78.60 feet to the beginning of a curve to the
left having a radius of 75.00 feet;
Thence easterly, northeasterly and northerly along said curve through a central angle of
89°58'35" an arc length of 117.78 feet;
Thence North 00°29'48" East a distance of 31.34 feet to the beginning of a curve to the
right having a radius of 50.00 feet;
Thence northerly, northeasterly and easterly along said curve through a central angle of
90°01'15" an arc length of 78.56 feet,
Thence South 89°28'58" East a distance of 129.68 feet to the northwesterly line of
Wetland Easement "A' as shown in Record of Survey recorded in Volume 124 of
Surveys at Page 106, under recording number 9809049006, records of King County;
Thence along said northwesterly line of Wetland Easement "A' and the northwesterly
line of Wetland Easement "B" as shown in said Record of Survey recorded under
recording number 9809049006, South 25°58'49" West a distance of 796.86 feet;
Thence North 89°29'54" West a distance of 69.17 feet to the beginning of a curve to the
right having a radius of 50.00 feet;
Thence westerly, northwesterly and northerly along said curve through a central angle of
90°00'00" an arc length of 78.54 feet;
Thence along a line non-tangent to last said curve North 89°29'54" West a distance of
122.42 feet to the east margin of West Valley Highway as shown in said Record of
Survey recorded in Volume 241 of Surveys at Pages 130 and 131;
Thence along said east margin of West Valley Highway, North 31 °42'23" East a distance
of 36.39 feet to an angle point in said east margin of West Valley Highway as shown in
last said Record of Survey where this survey indicates a Rebar & Cap LS 42695 was
set;
Thence continuing along said east margin of West Valley Highway, North 30°42'06" East
a distance of 375.54 feet where this survey indicates a Rebar & Cap LS 42695 was set;
Page 8 of 10
Thence continuing along said east margin of West Valley Highway, North 30°42'06" East
a distance of 160.14 feet to the Point of Beginning.
Containing an area of 155831 Square Feet (3.577 Acres), more or less.
The basis of bearings for this description is Record of Survey recorded in Volume 241 of
Surveys at Pages 130 and 131, under recording number 20080229900005 records of
King County, Washington.
R.
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Page 9 of 10
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REFERENCE:
RECORD OF SURVEY
20080229900005,
KING COUNTY, WA.
CM OF -1 . EXHIBIT B-1
Exhibit Drawing for
WASHINGTON Dedication of Open Space for Wetland Conservation
/ COMMENCING POINT
-/SR-167 515+60
870' LT
15"
R=50.00
L=78.56'
S 89'28'58" E
/ 129.68'
Page 10 of 10