HomeMy WebLinkAbout200812030145 CONSERVATION EASEMENT AGREEMENT 12022008 , _ . - - -- — eS w S—�—aS
� Ii�l�llllll�llqlllll�lllllll�l�lllllllllllllllllllllllllllllll �� �'
� Z00812�3�145 7 PGS
121�31 � 8 1�:57amg4g 0
���: PIERCE COUNTY, WASHINGTSN
city of Aubum
City Clerk
zs w«c�
Auburn,�VA 98001
� AEove this llne teurved for rxA�ding idommlion. .
CON5ERVAT[ON EASEMEN"I'AGREEMENT
for wetland and wetland buffer mnas
RaCaronce#(if applicable): N/A Additional on paga: _ .
GrentodHmrower: 1)LwKt�••••r., Fa�'r L.L.C. Z)
AddiNonel on page: —
Grantee/psaig�►ce/Bmellefary: G�ity of Anbum
Legal Iksa�tion/STR: Sec-F:.�S Twa!.2; R 5 E. �'1�°°sl°°pege: —
Assesaor'sTaxPanxlIINt: os2oo5306�
1IiIS CONSERVATiON EASEMENT AGREEMENT(t6e "Agraement") is made and entored i�rto thia
_ day of Octobor . 20(�, by �d betwaen Lakeland East.LLC henlns8e* .
refened to as"GRANTOR", and tha CI7'Y OF AUBURN,a municipal wrporation organized und�Titiq
35A RCVJ,here�nafler rof«red to as the"CTCY"and/or"GRANTEE"•
V1�FIL�REA3,the GRANTOR is ocmer in fee simple of certain tml proporty locatad 'm the City of Aubarty
King Counry, Washingtaa�, togally descn'bed on Exhibh 'A' mtached heroto and inoocporated harein by
ref�ence,which �operty is in0ended to be subjxt to t6is Agoement and bwdened 'm porpatuity tiy this
pgropnetu(the"Subject Propaty'�;
Wf�REAS, the G1tANfOR or tlia repm4e�tivo of GRANCOR executing this Agreement has tha
. autl�ority to burden the Subject Property for tha purpose of granting the CITY a perpamal noa-oxclusivo
wotland ��avation oasement (the "Conservation Easement") with reapect to cartain wetland and
wetland buffar ffieas legally davcribed on Exhibit`B' edtaehed hme4o aMl im;orpcuated herain by reference
(the"Wetland A'oP�Y")located on tho Subjact Proparty;
WF�REAS, it is muWally agroed that this Agemnont ba moered into to presava the quslity of wetlands
- for the benofit of public hoa�th,sa�t}',and walfa�o;
WHEREAS,it is mutoalfy agread tfiat�esa�vation of tl�e quality of wetlands is esseutial bo maintaining a
quality oirvifo�ad, maintainm8 4uslitp water resources, and tlu p�esorvation of wildlife. and that
preservatioa of the qualily of watlands is in confarmiry with the CITY'S Comprehensive Plan;
WElEREAS, GRANTOR hes raceivad consideration for granting this Con�servation Easemant, which
considaration hes a longdarm bonafit to the GRAIJTOR at�d the(}RANfOR'S Sabjoct Proporty;end
Conservazion Easement A�ent
Page !of 5
EXCISE TAX EXEMPT DATE �o�-3'08�
Pierce County _
. By G Auth. Sig
WHEREAS,GRANTOR ecknowledged tha importatrt emironmantal value of tha Conservation Easement .
and agroes not W undr�telce airy activity which will m auy way be inconsistecrt with the preservation of tl►e
vretland or wetland buffar areas or the qaality of tha wat{ands on the Subj�t Proparty;
NOR+, THEREFORE, in consideration of tlta mutual banefits to be darived,the partios haraby ag�oe av
follows:
1: AiI7WORTfY TO BURDEN SiJBJECT PROPERTY. GRANTOR is t� owner in fee
_ simple of the Snbject Prope�ty t�eferred to above and has fuq pmver and sut6ority w burdm
the Subject Property in p�iity with this Conservation Faaemenk
2. (iRANT OF EA3EMENT RV PERPLT[JfTY. GRAIV'fOR hes+eby grants the non-
exclusive Cons�vation F°�P++� set forth herein W the C1TY in perpetnity and cov�aats
_
that the Consarvatioa Easement shsp run with the land included in the 3ubject Property
legally described 'w Exhibit `A' attached hereto. The Conservation EasemetR shall bu}den
the Subject Ytoperty and benef`rt the CTfY amd public.
3. HEIRS SUCCFSSORS A�ASSIGNS. The Conservation Easement shall be bindina
on heirs,successors,and assigns of the parti�.
4. SCOPE OF EA3EMEL]T: The Conseryation Eese�ent �anted here�mder sttall ellow
CITY to emer �n the Subject Property for the purposes of monitoring, maintainmg,
pce.gerying, and eiohancing the Wetland ProPertY leBa11Y descn'bed on Extribit •B, attachad .
hm�eto. GRANTOR coveoapts not to in any way impair or i�erferc with tlu function and use
of the Wefl�d Pcoperiy.and(3RANTOR further covenants to take c�easonable and necessary
steps to restrid access w the Wetland Property and prol�'bit construction of m�y s�ructures or
mtificial surfaces or atteration of any vegetarion within the WeUand Property. No activity of _
any kind may take plase within the V✓etland Property without the prior appmval,by the City
of Auburn Director of Planning and Community Davelopmeat. The CITI'shall be permitted
to: enter onio t6e 3ubject Property at all reasonable times w monitor and maintain.the
Wetland Property or wattand functions such as rechm�ge, coaveyance or storage of
stormwater. 1'he C1TY s6a11 not unreasonably intcrfere with the ownership>possession,use,
or eqjoymeat by GRAIVTOR or GRANTUR'S tsna�s of the Subject Property when entering
the Subject Proparty to perform tha permifted functions descxibed hereia
S. PROHIBITED USES OF WETLAN�PROPERTY: GRANTOR shall not imdertake,mr
� cause to be uadertaken any activity or use of the Wetlet►d Pmpecty wluch is inconsistent with
the purpose, scope,or intent of this Agteemont,nor inconsistent with wetland fanctions such
as: rechffige, conveyance, or sWrage of stoimwater; mitigation measures required; and
vegetative enhancemenY or protectioa
Consarvetion F.esart�rt Ag�eemont
Pege 2 of S
6. RESERVED RIGHTS. 1'he GRANTOR reserves to itself all rights, tifle, interest, and
obligations incident to ownerslup of the Subject Property and Wetland Propraty except those
cights and imerests expre.vsly com�eyed w the CITY hereunder and those obligatious
e�slY undartekmi bq die CITY herew�der.
7. ENFORCEME,N�. In the event the CTI'Y determines that GRANTOR is in violation of
the becros of this AGREEMENT', aad an eaforcement action is initiated, the prevailing paRy
in such action shall be emitled to recover reasonable attorney's fees and costs i�oned in
prosecuting or defending against such enforcement act'►on,ia addition to any Mher remaly or
reGef obtained. The CITY,et its option,may take adion to preserve and protect the VJexland
I Property or its weNand fimetion, atLer first giviag GRANTOR written zwtice an ,a�e
C'.i2ANTnR'S failure to cuoe within a reasonable time wlrich reasonable time shall not
�30 davs aRar noflce unless the narties seree otherwise.to protect the wbtlend, aud, in
sucb base, the mesonable expeuses incacred by the CITY shall be recoverable from
GRATITOR if(3RANTOR is foui►d to be in violation of tlus Agreement
8. NON-WAIVER OF BREACH. No omission or failure by thp CTTY to execcise or
enforce eny of its rights undar this Agreement or to enfor�ce any breach }�eof, nor aey
far}iearance granted by the CITY, shall be de�ed or construed as a waiver by the CTfY of
such rights or a discherge of liability fur amy breach by GRANTOR of the terms hereof. Nor
shall eny delay by the CITY in the exercise or enforcement of its rights and iemedies limit or
impair auch right or ramedy, or be.construed as a waiver of the CITY'S righ4 to pursue its
rem�edies.
9. COSTS,AND LIABILITIES. Except as pmvided in Paragraph 4 of this Agraemeat
above, GRANCOR retains all responsibilides and will bear all costs and liabilities of any
kind relatod W or incidental to the ownership of die WeHand Properiy and agrees to pay all
assessmentv and texetioa (if any) against said W�land Property assessal bY ffiY
govemmental authority as they bacome due.
10. HOI D HARMLES3 AND IIVDEIvINIFICAT'ION. GRAN'fOR egrees to hold hermless,
inde�nnify aad defend the CITY, irts officials, m�bers, cmployees, and a�cnts from all
liabilities, penalties, costs, losses, damages, wcpenaes, caases of action, claims, demends, or
judBme�ts, iacluding, rea4onable attotney's fees, arising fiom or in any way connected with
aay claim or cause of action including,without I�imtion,the Wetland Properly W the fiillest
exUent petmitted by law. Fwthermore, GRANTOR agrees to mdecnnify, hold ha�less and
defead Uu CTfY from and against azry liabilities,Peaalties, costs, losse.s,dameges>expenses�
causes of action,claims domands or judgnents,u�cluding,reasonabie attumey's faev,arising
from or relating to any tbicd party claim which challeages GRANfOR'S right to execufe and
deliver this Ag�ement
C�servation Eeaemont Agreeme�t
Paga 3 oP 5
11. RECQRDATION. CiRANTOR agrees to incorporate the teima of this Agreemeirt in any
c3eed, lease (other than residential apa�tment leases entered into in the ordinary course of
GRAN'['OR'S business)or othet agreement wlrich divests GRANTOR of any intemst in any
portion of the Subiect Property. GRANTOR shall record this Agreement immediately in the
Office of the Pierce County Department of Records and Blectioaq.
12. COIQSTRUCI'[ON. Thia Ag;eem�t shall be liberally conshved to effect the purpose
and i�em hereof.
13. SEVERABILTTY. If any provision of ffiis A�eat is ruled iavalid ar uneaforceable
for any reason by a comt of competem jurisdiction, the remaining provisians hereof.shall
remain in foire sad effoct.
Conurvasion Fasaneut ng'eem«u
Page 4 of 5
IN WIINESS WHERFAF, the parties have executed this Agreement, effective as of the date
first written above.
GRANTOR: GRANTEE:
Lakeland East,L.L.0 CI'fY OF AUBURN,$municipal corporation
gy; � u... By; � -Fn/ � ��'-�`-,
-- - -- — 1� H� 5 d� ����,�
Martin D.yWaiss;President—Investco Financial Name: �� �nu
_._ _ ,. ..:_ .. ._._._._ .._ _ _.—,---... ._._.____
Corporation as lvlanager /� _
";• •, Tifle: ''6`a5acu�'�tV�Edw� I�IAnn��
�:,_.
_.._ _ _.._..---- /� / �_ �� �- '
- �JU� I�1 V1� � �V+�F���
STATEOEWASI{INGTON ) �,,,�(,o�i�u�'
)ss.
COUNTY OF Pierce )
THIS [S TO CERTIFY thet on this��,day of Ocwber ,2008• befare me,the u�ersigned,a
�mry pubGc m and for the State of Washmgton. duly commissioned am! sworn, P�a�Y �P�
MAR-rl�,l b W.4iss. ,to me known to be the managa member that mcocutal the foregoing
pistrament end acknowledged the said instrument w be iheir fi'ee avd volunttffiyy act and dead for tha uses and
p�v�m�s thtrem meationed.
' al the day and yaar of the ceKiScate first ebove writtea.
STEPHEN A. BURNHAM. ���
NOTARY PUBLIC (primq eme)
STATE OF WASHINGTON he .
�CO(uUAISSION EXPIRES xw�y bi��;�ffia���smu arw�n;��,a .
NOVEMBER 29, 2011 ��� g�N�e., yefc�
Myappoirtmetrt�Ires: it� z9 . 2oo4
STATE OF WASHINGTOI�
�s.
Cwuuy of King )
I c�tity that I lmow or have satisfactory evidenco that KeUlh /7• S/'!t�(J,�l' is dro person who
appemsd before me,and said penon�imowledged d�at tro sigrrod this iostrmnmt,on oat6 steted tl�at he was
a�ehoriad to execute the instrumene and ackaowledgrA ii ss the Plsnning D'ueetor of THE CITY OF AUBURN ro
be tha&ee and volimttuty ad of such pmty far Nu uses and purposas memionad'm this insuument
DaDad /��=a oo� f
:P,........... C 1�����
�LYN F 'e'�9��� _ L�
,:VPo�,�ssioN�tQ���y'�,� Ls� Ml NG� G ��QG(���1
� :� N�rqR� N:Z ' Notary Public in and tha of W�9�ington
: , t�idiog at �,E �LC.r.�7�N
;�': pUdLIG :' % MysPPoicrtmentwcp'�.e_ �'7
/bd�49�`F��0.29_0 i ::;�p?'
File: ��}�,c.......•�N�=
REF.H:�'��Ea56(5iO3)
Conservazion EasomeM AgreerneM
Pege 5 of 5
. EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
S,TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERID[AN, IN AUBURN,
PIERCE COUNTY,WASHINGTON, LYING EASTERLY OF TF�EAS7'ERLY LINE OF LAKE
TAPPS PARKWAY EAST AND LYING NORTH OF Tf�FOLLOWING DESCRIBED LINE:
COMMENCING AT THE CENTER OF SAID SECTION 5;
THENCE SOUTH 02°58'49"EAST ALONG THE EAST LINE OF SAID SUBDN[SION,900.43 FEET
TO THE POINT OF BEGINNING;
THENCE NORTH 55°46'S0" WEST,310.00 FEET;
THENCE NORTH 23°03'S3" WEST,344.10 FEET;
THENCE NORTH 39°41'32"WEST,68.84 FEET TO THE EASTERLY MARGIN OF LAKE TAPPS
PARKWAY EAST AND THE TERMINUS OF THIS DESCRIBED LINE.
SITUATE IN THE CITY OF AUBURN,COUNTY OF PIERCE,STATE OF WASHINGTON.
EXHIBIT B
CONSERVATION EASEMENT DESCRIPTION
THAT PORTION OFTHE NORTHEAST QUARTER OFTHE SOUTHWEST QUARTER OF SECTION
5,TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN AUBURN,
PIERCE COUNTY, WASHINGTON,LYING EASTERLY OF THE EASTERLY LINE OF LAKE
TAPPS PARKWAY EASTAND LYING NORTH OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE CENTER OF SAID SECTION 5;
THENCE SOUTH 02°58'49"EAST ALONG THE EAST LINE OF SAID SUBDIVISION,728.53 FEET
TO THE POINT OF BEGINNING;
THENCE NORTH 58°34'29" WEST, 16.96 FEET;
, TF�NCE NORTH 68°52'32" WEST,22.72 FEET;
THENCE SOUTH 85°45'19" WEST,S4.76 FEET;TO THE BEGINNING OF A 100.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY;
TI-IENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°51'38",A
DISTANCE OF 156.84 FEET;
� TE�NCE NORTH 04°23'03" WEST,10.42 FEET;
' T[-IENEE NORTH 70°00'S8" WEST, 1�.33 FEET;
TFI6IQCE NORT'H 53°29'49"WEST, 14832 FEET;
THENCE NORTH 26°52'14"WEST,99.64 FEET;
' THENCE NORTH 37°00'S5"WEST, 100.43 FEET TO THE EASTERLY MARGIN OF LAKE TAPPS
PARKWAY EAST AND THE TERMINUS OF THIS DESCRIBED LINE.
SITUATE IN THE CITY OF AUBURN,COUNTY OF PIERCE,STATE OF WASHINGTON.