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Home My WebLink About20130621001335 CONSERVATION EASEMENT AGREEMENT 4/4/2013FIRST AN�IXfAN 13'6 �'G1 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 (3 2I- 1 (Io III I III 1111111111111111111111111 20130621001335 ijikr.� 78 00 Above this line reserved for recording information. CONSERVATION EASEMENT AGREEMENT Reference # (if applicable): Grantor /Borrower, for wetiana ano wettano out let N/A 1) Yu Kuei -Chin Grantee /Assignee/BeneGciary: City of Auburn Legal Description /STR. See Exhibit A Assessors Tax Parcel ID #- 446340 -0410 Additional on page 2) Additional on page: Additional on page: THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement) is made and entered into this27 °i day of March, 2013, by and between Yu Kuei -Chin, 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 casement (the "Conservation Easement") Nvith respect to certain wetland and wetland buffer areas as depicted on Exhibit 't3' attached hereto and incorporated herein by reference (tile "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 qualit) 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 lone -term benefit to the GRANTOR and the GRANTOR S Subiect Pronem`: and Conservation Easement Agreement Page I of 9 EXCISE TAX NOT REQUIRED {� Go. Records i\Won Deputy 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 xvetland 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 depicted 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. 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 stonmvater, mitigation measures required, and vegetative enhancement or protection. CgURTES?Y 190ORDING 0Iv N LIA°IIdTYrrinvALDPPYAND /oR :.�'ST;v�CY A.:.y,1 =MED BY FSHS9`A2d8.'22CABt TITLE 1.49URANCR COMPAM Conservation Easement Agreement Page 2 of 9 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 lake action to preserve and protect the Wetland Property or its wetland function, alter first giving GRANTOR written notice and alter 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 9 11 RECORDATION GRANTOR agrees to incorporate the terns 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 with the King County Recorder's Office. 12. CONSTRUCTION This Agreement shall be liberally construed to effect the purpose and intent hereon. 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 9 IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first written above. GRANTOR. 'Vo0) F- Rf't �wnC_A r By Name: Title: 1 1., EL'x"rz STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) GRANTEE. CITY OF AUBURN, a municipal corporation By. - s Name: EFF TAf Title: j lZ ea �Op PLMOIN" l vEL..OPht E>JT THIS IS TO CERTIFY that on this 1-1 day of I )t Pti, I 2013, before me, the undersigned, a notary public in and for the State of Washim,ton. duly commissioned and sworn, personally appeared u � , _ r✓i�, u to me known to be the�ZW-1aeR }ber that executed the foregoing instrument and ackno% I /instrument to be their free and voluntary act and deed for the uses and purposes therein me t W I101 i , OF `JI S "I'A FE OF WASHINGTON) )ss County of king ) the dad and year of the certificate first above written. 1. '10) (.2- LEq tar Public in and for rest mg at `O ujti Ca My appointment expires: I certify that 1 know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he sign 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 e Datd free and \slti ......*11i such petty for the uses and purposes mentioned in this instrument. i�t91 Notary Public in and forthe State of Washmg on � Asa \ = residing at e-c ' /hpI OF WP5? My appointment expires y i Is- Conservation Easement Agreement Page 5 of 9 EXHIBIT A PROPERTY LEGAL DESCRIPTION Section - Township- Range: NA "/413 -21 -4 King County Assessor's Tax Parcel No 4463400410 Legal Description: Lot(s) 17, Block D. LUNN'S GARDEN TRACTS, according to the plat thereof recorded in Volume 10 of Plats, page(s) 33, in King County, Washington, Conservation Easement Agreement Page 6 of 9 EXHIBIT B Wetland Property Description Notice— For Use with Non - Surveved Critical Areas This sketch is approsimat and does not represent surveyed boundaries. All critical areas shown may be subject to further review for any future development proposals or activities on the subject property, This plan is not intended to limit the City of Auburn s authority to regulate land under its Critical Areas code, ACC 16.10. 3 i.-nature to Ertl ✓It /tvawt� Pvrf,.,� -C�1 Title The 'Wetland Property" consists of the on -site wetland and its protective buffer established by Chapter 16 10 of the Auburn City Code. The boundary shown is based on a December, 2011 wetland delineation by AHBL Consulting Engineers, approved by the City of Auburn on 9'18/2012. For additional information as to the extent and classifications of the on -site critical areas refer to the Wetland Delineation Report, and the Wetland /Buffer Restoration Report and Plans (AHBL May 2012). Associated City of Auburn reference numbers include (MITI 2-0001 SEP12 -0014, and STM12- 0014). Conservation Easement Agreement Page 7 of 9