HomeMy WebLinkAbout20130620000562 CONSERVATION EASEMENT AGREEMENT 06/18/20131, P
q ,w6D
nwn mMFJCAi - &60�
Return Address.
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
J1306 „2, 0562
EXCISE TAX NOT REQUIRED
RECORDER'S COVERISHEET
Document Title(s) (or transactions contained therein)-
Conservation Easement Agreement
Reference Number(s) of Documents assigned or released:
OAdditional reference #'s on page _ of document
Grantor(s) (Last name first, then first name and initials)
1 Auburn BTS1, LLC
Grantee: (Last name first)
City of Auburn
Legal Description (abbreviated i.e lot, block, plat or section, township, range)
NW Y4S12 —T 21N — R4E
® Additional legal is on pages 6 and 7 of the document.
Assessor's Propertv Tax Parcel /Account Number:
122104 -9041
Assessor Tax # not
11S DOCUMENT IS RECORDED
AS A COURTESY ONLY
FIRST AMERICAN TITLE INSURANCE
CO. ASSUMES NO LIABILITY FOR
SUFFICIENCY, VALIDITY OR
'CCURACY
Return Address:
Citv of Auburn
City Clerk
25 West Main
Auburn. WA 98001
Above this line reserved for recordin_, information.
CONSERVATION EASEMENT AGREEMENT
(for wetland and wetland buffer areas)
City of Auburn Reference Numbers: SEP11- 0018 /FAC12 -0001
Reference # (if applicable): N/A
Grantor /Borrower Auburn BTS1, LLC
Grantee /Assignee /Beneficiary Citv of Auburn
Legal Description /STR. NW Y S12 — T21N — R4E
Assessors Tax Parcel ID #- 122104 -9041
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement ") is made and entered into this
12 day of _41e1\iG 2013, by and between AUBURN BTS1, LLC, 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 Propem%') 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 Propem; and
Conservation Easement Agreement
Page I of 7
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:
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 legally described 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.
> 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.
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.
Conservation Easement Agreement
Page 2 of 7
7 ENFORCEMENT In the event either part determines that the other party 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 an}' 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 connection with this
Agreement including, without limitation, the Wetland Property and any challenges to
GRANTOR'S right to execute and deliver this Agreement, but only to the extent caused in
whole or part by the negligent acts or omissions of the GRANTOR. The CITY agrees to
hold harmless, indemnify and defend GRANTOR, 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, caused in whole or part
by the negligent acts or omissions of the CITY arising from or in any way connected with
any claim or cause of action arising from or in connection with this Agreement including,
without limitation, the Wetland Property
1 I RECORDATION 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.
Conservation Easement Agreement
Page 3 of 7
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.
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date
first written above.
GRANTEE.
CITY OF AUBURN, a municipal corporation
,
��
DIRECTOR
STATE OF WASHINGTON )
)ss.
COUNTY of KING )
I certify that I know or have satisfactory evidence that Jeff Tate 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 voluntary act of such party for the uses and purposes
mentioned in this instrument.
Dated (6 119 [13
� , DG�F
n
i��Iyl hJ �a Of
Conservation Easement Agreement
Page 4 of 7
Notary public in and for the State of Wasilington
residing at
My appointment
J6itlb
File. FAC12 -0001
File: SEPII -0018
GRANTOR.
AUBURN BTS1, LLC,
a Delaware limited liability company
By- PDC Seattle, LLC,
a Delaware limited liability company,
Manager
By Brynestad Family 2, LLC,
a Washington limited liability company,
Manager
By.
Bart Brynestad,
Sole Member
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify I have know or have satisfactory evidence that Bart Brynestad 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 acknowledge as
the Sole Member of Brynestad Family 2, LLC, as the Manager of PDC Seattle, LLC, as
the Manager of AUBURN BTS1, LLC, to be thefree and voluntary act of such party for
the uses and purposes mentioned in the instrument.
Dated d yw' .. 15, Zp13
Conservation Easement Agreement
Pale 5 of 7
Notary Public in and for the State of R'ashington
residing at
My appointment expires 02 - C21 — -- OI tp
EXHIBIT `A'
Subject Property Legal Description
THE LAND REFLRRED TO IS SITUATED IN THE COUNTY OF KING. CI'T'Y OF
AUBURN, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS
LOT I, CITY OF AUBURN SHORT PLAT NO SPL0015 -90, RECORDED UNDER
RECORDING NO 9111040979, RECORDS OF KING COUNTY, WASHINGTON
Conservation Easement Agreement
Page 6 of 7
EXHIBIT `Q'
LEGAL DESCRIPTION
WETLAND CONSERVATION EASEMENT
That portion of Lot 1, City of Auburn Short Plat SPL0015 -90 as recorded under Recording No. 9111040979, records
of King County, Washington, described as follows,.
COMMENCING at the Northeast corner of said Parcel;
THENCE South 01' 12' 52" West, 10.51 feet along the East line to the TRUE POINT OF BEGINNING;
THENCE continuing South 01' 12'52" West. 310.00 feet along said line to a point on a curve, the radius point of
which bears North 04' 29' 14" East;
THENCE Northwesterly along the are of a curve concave to the North, having a radius of 25.00 feet, through a central
angle of 49' 13'37" and an arc length of 2148 feet;
THENCE North 36' 17' 10" West, 49.41 feet;
THENCE North 35' 00' 35" West, 35.19 feet;
THENCE North 48' 37'27" West, 53.93 feet;
THENCE South 60' 31'20" West, 23.94 feet;
THENCE South 50' 58' 52" West, 49.91 feet;
THENCE South 61' 09'41" West, 76.28 feet to a point of curvature;
THENCE Southwesterly and Northwesterly along the arc of a curve to the right, having a radius of 25.00 feet, through
a central angle of 50' 21' 54" and an arc length of 21.98 feet;
THENCE North 68' 28'25" West, 69.72 feet to a point of curvature;
THENCE Northwestedy along the arc of a curve to the right, having a radius of 25.00 feet, through a central angle of
44' 08' 31" and an arc length of 19.26 feet;
THENCE North 24' 19'54" West, 47.07 feet;
THENCE North 40' 56'54" West, 2124 feet;
THENCE North 56' 18'28" West, 33.92 feel;
THENCE North 53' 42'52" West, 37.55 feet to a point of curvature;
THENCE Northwesterly and Northerly along the arc of a curve to the right, having a radius of 25.00 feet, through a
central angle of 44' 20' 17" and an arc length of 19.35 feet;
THENCE North 09' 22'35" West, 66.07 feet to a point of curvature;
THENCE Northerly and Northeasterly along the arc of a curve to the right, having a radius of 25.00 feet, through a
central angle of 94' 28' 00" and an arc length of 41.22 feel;
THENCE North 85' 05'24" East, 62.89 feet to a point of curvature;
THENCE Easterly along the arc of a curve to the right, having a radius of 25.00 feet, through a central angle of 06'
47' 07" and an arc length of 2.96 feet;
THENCE South 88' 07' 28" East, 47.09 feet to a point of curvature;
THENCE Easterly along the arc of a curve to the right, having a radius of 25.00 feet, through a central angle of 08"
13' 14" and an arc length of 3.59 feet;
THENCE South 79' 54' 15" East, 92.81 feet to a point of curvature;
THENCE Southeasterly along the arc of a curve to the right, having a radius of 25.00 feet, through a central angle of
18' 08' 09" and an arc length of 7.91 feet:
THENCE South 61' 46' 05" East, 49.66 feet;
THENCE South 67' 06' 55" East, 72.57 feet;
THENCE South 85' 41' 16" East, 23.52 feet;
THENCE North 14' 07'39" East, 21.69 feet;
THENCE North 01' 08'23" East, 53.74 feet to a point of curvature;
THENCE Northerly and Eastedy along the arc of a curve to the right, having a radius of 25.00 feet, through a central
angle of 93' 08' 51" and an arc length of 40.64 feet;
THENCE South 85' 42'46'* East, 49.81 feet to the TRUE POINT OF BEGINNING.
I ;
r
Project: Panelled Auburn
Job No. 15285
May 8, 2013
Revised: May 15, 2013
DJS/kma
15285L.0l l.doc
15285exh09- wetlandconservation.dwg
Conservation Easement Agreement
Page 7 of 7
CD
Z <
2: In
-j
LLJ
EXHIBIT `C'
M STREET, NW — - -----
(FRONTAGE ROAD)
- - -
Iv,
tLP kl,
- - - - - - - -
lb>�
R=)5 W.
'y
-VIL Etl,-1111EE-,INF�, LA*;F)
,G
I
EVIGte
EN%,'RCUP,TAL SER'.1EES
R=15 U0,
3
L
34'E
j; L=lury
q UC 6 W
U-IT
SeY42'467E
,=" ? 13 1, ( . I-
U- 2 51'12'51•R
1"=100'
WIT I
1 221 �4 !'-18
I) L
I "- 10 Cl' tjI.T--4L 14/A
qw- ny %
Iv,
tLP kl,
lb>�
F4X
'y
-VIL Etl,-1111EE-,INF�, LA*;F)
,G
I
EVIGte
EN%,'RCUP,TAL SER'.1EES
3
L
34'E
q UC 6 W
SeY42'467E
,=" ? 13 1, ( . I-
U- 2 51'12'51•R
1"=100'
WIT I
1 221 �4 !'-18
I) L
I "- 10 Cl' tjI.T--4L 14/A
qw- ny %
11
�VJT, "'A 990,52
tLP kl,
lb>�
F4X
'y
-VIL Etl,-1111EE-,INF�, LA*;F)
,G
I
EVIGte
EN%,'RCUP,TAL SER'.1EES
Conservation Easement Agreement
Page 8 of 7
Ni Ii S2E
ON--LATTEP
L-'N 112 C4-10✓5
For: PANATTONI
DEVELOPMENT COMPANY
ETLAND CONSERVATIO
EASEMENT EXHIBIT
Ic
1, 15 m(IVaER
15285