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Home My WebLink About20130620000562 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