HomeMy WebLinkAbout20160318000300 CONSERVATION EASEMENT AGREEMENT 3/7/2016 Nv, , /_ 22. S
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17,11.g,T AMERICAN
IIIIII110111011100
Return Address: IIIIii
City of Auburn
City Clerk 20 C 60318 f l 0300
25 West Main FIRST AMERICAN EAS 80 00
Auburn,WA 98001 PAGE-001 OF 008
2018 10:05
KING C
KING COUNTY, WA
EXCISE- TAX NOT REQUIRED
KIN County Recor*Division
• Deputy
/xf
Above this line reserved lbr recording in lormatiort-
CONSERVATION EASEMENT AGREEMENT
Reference#(if applicable): N/A
Grantor/Borrower Auburn Properties. INC
Grantee/Assignee/Beneficiary City of Auburn
Legal Description/STR. Ptn.of NW ''A of Section 31,Township 22 N.
Range 05 E
Assessor's Tax Parcel ID/4- 936060-0323
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and
entered into this IMday of eitACk.' , 2016, by and between Auburn
Properties, INC. hereinafter referred o 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' attached hereto and incorporated herein by reference (the "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;
Conservation Easement Agreement S?IfQ citveume is wece fite.4 of
Page I of 6 reeorc a nn eco0mm:di2!;nn Gr4r
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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 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 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:
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 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.
Conservation Easement Agreement
Page 2 of 6
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
stonnwater; 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.
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 take
action to preserve and protect the Wetland Property or its wetland function, after first
giving GRANTOR written notice, 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
Conservation Easement Agreement
Page 3 of 6
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.
I I RECORDATION. GRANTOR agrees to incorporate the terms 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 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. 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.
GRANTOR: GRANTEE:
AUBURN PROPERTIES, INC., CITY OF AUBURN,
a Washington Company a Municipal Corporation
By _``//U^
Name: Jill Sanerstein Name: KtA 4"- —clew
Secretary nn 7
Title: Title: lA Mrnuhrh� t/evt,lo ta& .t- C Vv 1 ide
Conservation Easement Agreement
Page 4 of 6
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
) ss.
County of Los Angeles ) `` '' r
On r(,V\ 1 III) . before me,4t\'A1 v 1:2-2t IQ , a Notary Public in and for the
State of California. personally appeared 3 \\ g6 e cIc 1N1 , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. a+r
JENNIFER DEL POZO
at .. Commission Public
X 1g662nfkf r Notary -Californial i
Los Angeles County
Signature 16 LA3 , ""'n- My Comm.Expires Aug 17,20164
STATE OF WASHINGTON )
) ss
County of King ) t'v1/kk Sh
I certify that I know or have satisfactory evidence that
is the person who appeared before me. and said person acknowle ged that signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Community Development and Public Works 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 RAYeAn \GJ �I to
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A- AAQ.ytrv,ny'
i Notar� in and for the State"of Washington
�•'•" Residing at 1l�ilrt COIMrI. _
S 7 A . My appointment ex Tres CepterPil di '�,U\1. ..09.17 9O
Cons2rrra(i?0nya�semet�PAgeement
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Page 5 0h161111\\t"w••%
•
EXHIBITS 'A' and 'B'
Conservation Easement Agreement
Page 6 of 6
•
Parametrix
EXHIBIT A
CONSERVATION EASEMENT
PARCEL NO. 9360600323
A PORTION OF THE BELOW DESCRIBED PARCEL D,LYING WITHIN THE NORTHWEST QUARTER OF
SECTION 31,TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M.,KING COUNTY,WASHINGTON, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF BELOW DESCRIBED PARCEL D,SAID POINT ALSO
BEING THE NORTHEAST CORNER OF PARCEL DESIGNATION NO. 16, PER RECORD OF SURVEY FILED
IN VOLUME 327 OF SURVEYS,PAGES 102-103,LOCATED ON THE SOUTHERLY MARGIN OF SOUTH
277TM STREET,30.00 FEET RIGHT OF STATION 122+48.48,PER PROJECT ALIGNMENT SHOWN ON SAID
RECORD OF SURVEY;
THENCE ALONG THE EASTERLY PROPERTY LINE OF SAID PARCEL SOUTH 01°49'16'WEST 424.35 FEET
TO THE SOUTHERLY PROPERTY LINE OF SAID PARCEL,LOCATED 454.30 FEET RIGHT OF STATION
122+42.37;
THENCE ALONG SAID SOUTHERLY PROPERTY LINE NORTH 89'12'44"WEST 10.56 FEET TO THE TRUE
POINT OF BEGINNING,LOCATED 454.34 FEET RIGHT OF STATION 122+31.81;
THENCE NORTH 03°55'03"WEST 18.39 FEET,LOCATED 436.02 FEET RIGHT OF STATION 122+30.24;
THENCE NORTH 74°13'40*WEST 28.41 FEET,LOCATED 428.77 FEET RIGHT OF STATION 122+02.77;
THENCE NORTH 32°34'24"WEST 54.28 FEET,LOCATED 383.55 FEET RIGHT OF STATION 121+72.76;
THENCE SOUTH 69°32'41"WEST 60.85 FEET, LOCATED 405.80 FEET RIGHT OF STATION 121+16.12;
THENCE NORTH 73°43'09'WEST 46.79 FEET,LOCATED 393.47 FEET RIGHT OF STATION 120+70.99;
THENCE SOUTH 62°34'53"WEST 43.21 FEET TO THE WESTERLY PROPERTY LINE OF SAID PARCEL,
SAID LINE ALSO BEING THE EASTERLY MARGIN OF G STREET NE, LOCATED 414.03 FEET RIGHT OF
STATION 120+32.99;
THENCE ALONG SAID WESTERLY PROPERTY LINE SOUTH 01°48'58"WEST 41.04 FEET TO THE
SOUTHERLY PROPERTY LINE OF SAID PARCEL,LOCATED 455.07 FEET RIGHT OF STATION 120+32.40;
THENCE ALONG SAID SOUTHERLY PROPERTY LINE SOUTH 89°12'44°EAST 199.42 FEET TO THE TRUE
POINT OF BEGINNING,CONTAINING 9,918 SQUARE FEET,MORE OR LESS.
PARCEL D
(PER TITLE COMMITMENT NO.4209-2172125,FIRST AMERICAN TITLE)
THAT PORTION OF THE W A.COX D.L.C., IN SECTION 31,TOWNSHIP 22 NORTH,RANGE 5 EAST,
W.M.,IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID W.A.COX D.L.C.;
THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING WEST ALONG SAID NORTH LINE 210.0 FEET;
THENCE SOUTH 839.74 FEET,MORE OR LESS,TO THE NORTH LINE OF SOUTH 280TH STREET AT A
POINT 420.31 FEET WEST FROM THE EAST LINE OF SAID COX D.L.C.;
THENCE EAST ALONG SAID NORTH LINE 209.94 FEET;
THENCE NORTH 839.0 FEET,MORE OR LESS,TO THE TRUE POINT OF BEGINNING'
EXCEPT THE SOUTH 414.56 FEET THEREOF. OWL
My/T
(ALSO KNOWN AS A PORTION OF LOT 41,WHITE RIVER t-/ao
VALLEY HOME TRACTS 2ND ADDITION,ACCORDING TO 1 4 A _
THE UNRECORDED PLAT THEREOF.) 41' \\at" :7
1 of ,►i-Zf-1S
A PORTION OF THE
NW Y4 OF SEC. 31, T. 22 N., R. 05 E., W.M.
CITY OF AUBURN, KING COUNTY, WASHINGTON.
STA 1244-58.63, 30.00'RT
NE COR WA COX DLC NO. 38
SOUTH 277TH STREET STA 122+48 4 C AKA CR OF AUBURN 1104
3000'RT Y IRON PIPE
.
119+00 120+00 121+00 S6g0O'10'E+ — I c� 1 — I
�I 122+00 123+00
9360600330 \_N89'0010191
AUBURN PROPERTIES INC 30' 210.15'
28032 86TH AVE S I
II
I UNE TABLE I 0
Line 1 Length Direction Z o19!'°
ILl 10.56 N89'12'44)9 F r' "
w ( 16 ) Ip n o0F
12 18.39 NO3.55'0314 I 9360600323 - ,00w
y AUBURN PROPERTIES INC I e, $Zy
L3 28.41 N74'13'40"W 9031 52ND ST NE :� cc
L4 54.28 N3734'24'W I WHITE RIVER VALLEY HOME TRACTS NO. 2 R
UNRECORDED
L5 60.85 I S69'32'41)9 WILUAM A. COX D.LC. NO. 38
L6 46.79 I N73'43109'W
L7 43.21 1 S6734'53)9 r STA 120+32.99,
414.03'RT
I — STA 120+70.99,
393.47'RT STA 121+72.76,
STA 121+16.12, 383.555'RI
M• K 405.80'Rf STA 122+02.77,
%
,��o of V`sg� Qb/1 II �1� (8 5 — I STA 122+30.24,
1 .—,iiiib ,, . /j' sor4a'iw—\I ' HI I HI I I I(' mo8436.02 Rr
l'' �' I—III STA 122+31.81,
PO.*Cr 01884L81." pt Ti I PROPEL IRTV of l ( I I�I 454.34'RT —
st%I. LAND s� k S89.12'44 E 199.42' ( 31 ) L1� —
STA 120+32.40, 9360600325 STA 122+42.37,
//ZS-/S 455.07'RT NATIONWIDE THEATERS WEST FL 454.30'RT
100( G STREET NE
Parametrlx EXHIBIT B
ieN
LEGEND
PROPOSED
lapt ��
PROPOSED CONSERVATION
I CONEASEMSERVATIONENT EASEMENT
SCALE IN FEET 1 AREA=9918 S.F. PARCEL#9360600323
— —. POC POINT OF COMMENCEMENT
0 40 80 TPOB TRUE POINT OF BEGINNING I FILE: PS0193102T0202SV-EXHIBIT-16D DATE: Nov 05,2015