HomeMy WebLinkAbout20111020000130 CONSERVATION EASEMENT AGREEMENT 8/10/201104- 2(- 05-(S-1,i�lqJ
Return Address
City AnAuburn Cl
City clerk 20111020000130
25 West Main PACIFIC NW TIT EAS 69 00
PAGE -001 OF 008
Auburn, WA 98001 10/20/2011 10 08
KING COUNTY, WA
Above this line reserved for recording infonnation.
CONSERVATION EASEMENT AGREEMENT
(for wetland and wetland buffer)
Reference # (if applicable): N/A
Grantor /Borrower Valley Regional Fire Authority
Grantee /Assignee /Beneficiary City of Auburn
Legal Description /STR. STR 092105 TAXLOT 22.
Assessor's Tax Parcel ID #• 0921059022
FMS' ANR.yRICt Js1 0
THIS �,ONSERV TION ASEMENT AGREEMENT (the "Agreement ") is made and entered into this
day of GU I 20/lby and between the Valley Regional Fire Authority, herein
referred to as "G NTOR ", 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 below
LEGAL DESCRIPTION
STR 092105 TAXLOT 22. The South 282.85 feet of the West 365 feet of the Northwest Quarter of the
Northwest Quarter of the Southeast Quarter of Section 9 Township 21 North, Range 5 East, W.NI., in
King County, Washington. Except the West 30 feet thereof for road, and except that portion thereof
conveyed to King County for roads by deed recorded under recording number #9109191513
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 ") with respect to certain wetland and
wetland buffer legally described on Exhibits `A' and `B' attached hereto and incorporated herein by
reference (the `Wetland Property ") located on the Subject Property;
Conservation Easement Agreement
Page I of 5
E xC d F TAX NOT RE `i?` IELO
king Co. o: C �
By- J Deputy
oxvY o .H rhi.AOq�
Said docu" =nrs ware filed of
recur,-4 a- _ , _.: T,; - 'a�;en na'y.
It h „.. ',s, _ ..:,a; nn;.d as t0
propar execuuoi i or as to its effect
Upon Uu2.
WHEREAS, it is mutually agreed that preservation of the quality of wetland areas are essential to
maintain a quality environment, maintaining quality water resources, and the preservation of wildlife,
and that preservation of the quality of wetland areas are 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
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 Nvith the
preservation of the wetland and wetland buffer areas or the quality of the wetland on the Subject
Property;
NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties hereby agree as
follows;
I 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 on
the previous pages. 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 legally described on Exhibits 'A' and `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 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 stormwaler,
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
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 part 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 functions, 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 the Agreement.
NON - WAVIER 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.
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 indemnifv, hold harmless and
defend the CITY from and against any liabilities, penalties, cost, 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 5
I 1 RECORDATION. GRANTOR agrees to incorporate the terms of this Agreement in any
deed, lease (other than residential 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 SEVER-ABILITY If any provision of this Agreement is ruled invalid or unenforceable for
any reason by a court of competentjurisdiction, the remaining provisions hereof shall remain
in force and effect.
Conservation Easement Agreement
Page 4 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date
first written above.
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
GRANTEE.
CITY OF AUBURN, a municipal core ration
By
Name: r n S�tL ciE.�
Title:��(�hhttn �J�.rN�ypC�Ltr�
THIS IS TO
uted %'rL CE9 RT PY � �th.af t on this
mis e L kO nowan y too f th 14 T 20�before
me, the
undersign y commi sioned and sworn
, personally
appeared � J/
that exec
the foregoing instrument and acknowledged the said instrument to be their free and
voluntary act and deed for the uses and purposes therein mentioned.
WITNt tlt official seal the day and year of the certificate first above written.
M
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N me
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C� keno
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Notary Publi to d for the State of Washington
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T rbryan + ++ My appointment expires: `� — r
'�rrt�OF WAS �
STATE OF WA�i�M�?1�a��)
ss.
County of King )
I certify that 1 know or have satisfactory evidence that Ktv f H;� I / is the person who
appeared before me, and said person acknowledged that he signed tI4 instrument, or oath stated that he was
authorized to execute theipslrLlitA`t1AtAq acknowledged it as the Planning and Development Director of
THE CITY OF AUB t gja +�t„trf��l�voluntary act of such party for the uses and purposes mentioned in
this instruments = �
ll�r ?`atON fr!4,. �: /G
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ptFOF WAS`�+��� Notary Publicjn_aDd for the Stat o Washingt n
residing at r t_L^ �_o (:0 Uiu
My appointment expires ( r
Conservation Easement Agreement
Page 5 of 5
EXHIBIT "A"
LEGAL DESCRIPTION:
WETLAND AND BUFFER EASEMENT
THAT PORTION OF A SUBDIVISION OF LAND, DESCRIBED AS FOLLOWS:
THE SOUTH 282 85 FEET OF THE WEST 365 FEET OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH,
RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON;
EXCEPT THE WEST 30 FEET THEREOF FOR ROAD (124th AVENUE SOUTHEAST);
(ALSO KNOWN AS LOT A, KING COUNTY LOT LINE ADJUSTMENT NO 8812027, RECORDED
UNDER RECORDING NO 9006081706);
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED
RECORDED UNDER RECORDING NO 9109191513;
AND EXCEPT THAT PORTION CONVEYED TO CITY OF AUBURN FOR ROAD PURPOSES BY
DEED RECORDED UNDER RECORDING NO 20100727000940;
SAID PORTION OF THE HEREINABOVE DESCRIBED SUBDIVISION OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE
NORTH LINE OF SAID SUBDIVISION SOUTH 88 °03'22" EAST A DISTANCE OF 68 58
FEET TO A CURVE HAVING A RADIUS OF 25 00 FEET THE RADIAL CENTER OF WHICH
BEARS NORTH 63010'00" EAST AND THE TRUE POINT OF BEGINNING; THENCE ALONG
SAID CURVE IN A SOUTHERLY DIRECTION TO THE LEFT THROUGH A CENTRAL ANGLE OF
02013'56" FOR AN ARC DISTANCE OF 0 97 FEET; THENCE SOUTH 29 003'56" EAST A
DISTANCE OF 15 87 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 25 00
FEET; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
45008'24" FOR AN ARC DISTANCE OF 19 70 FEET; THENCE SOUTH 74012'20" EAST A
DISTANCE OF 34.89 FEET; THENCE SOUTH 72018'25" EAST A DISTANCE OF 32 66
FEET; THENCE SOUTH 75005'35" EAST A DISTANCE OF 2 41 FEET; THENCE SOUTH
20 °30'13" WEST A DISTANCE OF 7 95 FEET TO THE BEGINNING OF A CURVE HAVING A
RADIUS OF 25 00 FEET; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL
ANGLE OF 19 006'48" FOR AN ARC DISTANCE OF 8 34 FEET; THENCE SOUTH 01 °23'25"
WEST A DISTANCE OF 33 83 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS
OF 25 00 FEET; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE
OF 34000'58" FOR AN ARC DISTANCE OF 14 84 FEET; THENCE SOUTH 32037'33" EAST
A DISTANCE OF 31 11 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF
25 00 FEET; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
37 °29'36" FOR AN ARC DISTANCE OF 16 36 FEET; THENCE SOUTH 70007'09" EAST A
Page I of 2
July 19, 2011
KENNETH R. ANDERSON & ASSOCIATES, INC.
08 -027 Exhibit A- Wetland- Buffer Easement Legal Dmription 20110718 do
EXHIBIT "A "— CONTINUED
WETLAND AND BUFFER EASEMENT:
DISTANCE OF 4 92 FEET; THENCE SOUTH 16 °37'49" WEST A DISTANCE OF 2 66 FEET;
THENCE SOUTH 73 °32'35" WEST A DISTANCE OF 16 70 FEET TO THE BEGINNING OF A
CURVE HAVING A RADIUS OF 25 00 FEET; THENCE ALONG SAID CURVE TO THE LEFT
THROUGH A CENTRAL ANGLE OF 74 054'38" FOR AN ARC DISTANCE OF 32 69 FEET;
THENCE SOUTH 01 022'03" EAST A DISTANCE OF 36 71 FEET; THENCE SOUTH
24 °26'32" WEST A DISTANCE OF 20 85 FEET TO THE BEGINNING OF A CURVE HAVING
A RADIUS OF 25 00 FEET; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 58000'18" FOR AN ARC DISTANCE OF 25 31 FEET TO THE SOUTH
LINE OF SAID SUBDIVISION; THENCE ALONG SAID LINE SOUTH 88003'22" EAST A
DISTANCE OF 116 41 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF
25 00 FEET; THENCE ALONG SAID CURVE TO THE LEFT AND CONTINUING ALONG THE
SOUTHERLY AND EASTERLY LINE OF SAID SUBDIVISION THROUGH A CENTRAL ANGLE
90046'51" FOR AN ARC DISTANCE OF 39.61 FEET; THENCE ALONG SAID EASTERLY
LINE NORTH 01009'47" EAST A DISTANCE OF 99 73 FEET; THENCE NORTH 29005'34"
WEST A DISTANCE OF 0 41 FEET; THENCE NORTH 01020'35" EAST A DISTANCE IF
66 05 FEET TO THE EAST LINE OF SAID SUBDIVISION; THENCE ALONG SAID LINE
NORTH 01009'47" EAST A DISTANCE OF 30 72 FEET; THENCE NORTH 07 °26'22" WEST
A DISTANCE OF 35 15 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE
ALONG SAID LINE NORTH 88003'22" WEST A DISTANCE OF 224 19 FEET TO THE TRUE
POINT OF BEGINNING
1 /
Page 2 of 2
July 19, 2011
KENNETH R. ANDERSON & ASSOCIATES, INC.
08 -027 Exhibit A- Wetland- Buffer Easement Legal Description 20110718.doc
EXHIBIT "B"
WETLAND /BUFFER EASEMENT
A PORTION OF
THE NW 1/4 OF THE SE 1/4, SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.,
KING COUNTY, WASHINGTON
' I
- - - - - -- POB N. LINE OF LOT "A ", KING CO. LOT
LINE ADJ. NO. 88120027, REC. NO. °¢
0 30' 9006081706
26 30I J
o f 40' 41' I g o
° I TPOB o
r WETLAND/
w BUFFER "�En rZ
]CZ N p�jl N U
<
VALLEY REGONAL w � � EASEMENT /� a I
a o FIRE AUTHORITY r o °
° I Z o I( FIRE STATION 34 o
o N I N � o I (LEA HILL) i'" 37,517 SF. f °z `�" J
3 Z �± (0.86 AC.) w 0
-- --_ 40 41' 092105 9022
I 26' 30'1
I N REC. NO. 91 091 911 51 3�EN I1
° SE 314TH STREET _ CD
S. LINE OF LOT "A ", KING CO. LOT LINE --EA ADJ.___ JJJ
30' 40' NO. 88120027, REC. NO. 9006081706
S� R
I{ENNETH R. ANDERSON � � C'�' 'Z �FI
wxD wsaociwTSS, INC. x
VALLEY REGIONAL FIRE AUTHORITY ° lJSCALE. 1" =100'
FIRE STATION 34 (LEA HELL) 67 O J DATE: 7/25/2011
WETLAND BUFFER EASEMENT f0NAl L , s SJ
TAR PARCEL NO(S). 092105 9022 SHEET 1 OF 1