HomeMy WebLinkAbout20160509000777 CONSERVATION EASEMENT AGREEMENT 05/09/2016 4\10 b1.21r0S
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Return Address: I _ 1 -
City of Aubur►i ' '
City Clerk " // h,777
25 West Main
FIRST AMERICAN EAS 81.00
Auburn,WA 98001 PAGE-001 OF 009
05/09/2016 13:08
KING COUNTY, WA
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CONSERVATION EASEMENT AGREEMENT
Reference#(if applicable): N/A
GrantorBorrower: Nationwide Theatres West Flagler,LLC
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: Ptn.of NW 1/4of Section 31,Township 22 N,
Range 05 E
Assessor's Tax Parcel ID#: 936060-0325
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and
entered into this 1 ' day of MOVIi , 2016, by and between Nationwide
Theatres West Flagler, 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' 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
Page 1 of 6
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:
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.
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
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.
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.
11. 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:
Nationwide Theatres West Flagler, LLC, CITY OF AUBURN,
a Delaware Limited Liability Company a Municipal Corporation
By: NT West Flagler,Inc.,a Delaw corporation as manager
( ` �� h W rl
Name: Jill Sapersteitt Name: n�iMn�i4tt Yeivoic?,'"Wti�r Ett. r.' GS Ecfo✓
Secretary ( (/
Title: Title: [V�Vt n •-7r) .4,✓
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 )
•
On MN ,(7pV(o , before me, .J-`(1Y11cf\( \ ?DO, a Notary Public in and for the
State of California,personally appeared \ Sqt \c\-6 r , 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. ^�; + JENNIFER DEL POZO
,+� Commission # 1988216
z :m '�1; Notary Public•California
Z 'Tj� Los Angeles County It
Signature ba. Q�J My Comm.Expires Aug 17,2016
STATE OF WASHINGTON)
) ss
County of King )
I certify that I know or have satisfactory evidence that -� 11^ c
is the person who appeared before me, and said person acknowledged that lie 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 NAOly� Gi 7ivl kp
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s * := s Notary Public in and for;the State of Washington
ss 4�8`$ r Residing at r!%11ngi �.t51n�ry
1-c 9hi,-09-�r = My appointment exp 'es � 4-t rr.�►�-�G>r 01 i ?,n11
Conservat(On'asement Agreement
Page 5 of 6
EXHIBITS 'A' and `B'
Conservation Easement Agreement
Page 6 of 6
Parametrix
EXHIBIT A
CONSERVATION EASEMENT
PARCEL NO. 9360600325
A PORTION OF THE BELOW DESCRIBED PARCEL A, 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 A, SAID POINT ALSO
BEING THE SOUTHEAST CORNER OF PARCEL DESIGNATION NO. 17, PER RECORD OF SURVEY FILED
IN VOLUME 327 OF SURVEYS,PAGES 102-103, LOCATED 453.53 FEET RIGHT OF STATION 124+52.69,
PER PROJECT ALIGNMENT SHOWN ON SAID RECORD OF SURVEY;
THENCE ALONG THE EASTERLY PROPERTY LINE OF SAID PARCEL,SAID LINE ALSO BEING THE
EASTERLY LINE OF UNRECORDED PLAT OF WHITE RIVER VALLEY HOME TRACTS NO. 2,SOUTH
01°47'59"WEST 365.58 FEET, LOCATED 819.08 FEET RIGHT OF STATION 124+47.57;
THENCE NORTH 88°11'43"WEST 195.77 FEET, LOCATED 816.32 FEET RIGHT OF STATION 122+51.82;
THENCE NORTH 43°12'17"WEST 115.56 FEET, LOCATED 733.48 FEET RIGHT OF STATION 121+71.26;
THENCE NORTH 01°48'17"EAST 39.87 FEET, LOCATED 693.61 FEET RIGHT OF STATION 121+71.82;
THENCE NORTH 19°12'38"EAST 102.28 FEET, LOCATED 596.45 FEET RIGHT OF STATION 122+03.79;
THENCE NORTH 23°09'48'EAST 88.08 FEET, LOCATED 514.89 FEET RIGHT OF STATION 123+37.02;
THENCE SOUTH 39°11'56"EAST 29.57 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT,WITH A
RADIUS OF 44.00 FEET, LOCATED 537.48 FEET RIGHT OF STATION 122+56.11;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 130°05'16"AN ARC LENGTH
OF 99.90 FEET, LOCATED 516.51 FEET RIGHT OF STATION 123+33.09;
THENCE NORTH 10°42'48"EAST 63.49 FEET TO THE NORTHERLY PROPERTY LINE OF SAID PARCEL,
LOCATED 453.93 FEET RIGHT OF STATION 123+43.80;
THENCE ALONG SAID NORTHERLY PROPERTY LINE SOUTH 89°12'44"EAST 108.89 FEET TO THE TRUE
POINT OF BEGINNING,CONTAINING 79,589 SQUARE FEET,MORE OR LESS.
PARCEL A
(PER STATUTORY WARRANTY DEED,AUDITOR'S FILE NO.20150116000899)
THE SOUTH 414.56 FEET OF THAT PORTION OF W.A.COX DONATION LAND CLAIM IN 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 DONATION LAND CLAIM;
THENCE WESTERLY ALONG THE NORTH LINE OF SAID DONATION LAND CLAIM 420.15 FEET;
THENCE SOUTH 839.74 FEET, MORE OR LESS,TO THE NORTH LINE OF THE COUNTY ROAD"SOUTH
280TH STREET'(49TH ST NE)AT A POINT 420.31 FEET WEST FROM THE EAST LINE OF SAID DONATION
LAND CLAIM;
THENCE EAST ALONG SAID COUNTY ROAD 420.31 FEET TO THE EAST LINE OF SAID DONATION LAND
CLAIM;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID DONATION LAND CLAIM 838.2 FEET TO THE
PLACE OF BEGINNING;
TOGETHER WITH THAT PORTION OF VACATED 49TH STREET NE ADJOINING AS VACATED BY CITY OF
AUBURN ORDINANCE NUMBER 3614 UNDER RECORDING NUMBER 8104220744,AS WOULD ATTACH BY
1 of 2
•
OPERATION OF LAW(BEING THE NORTH HALF OF THE 40 FOOT RIGHT OF WAY CONVEYED BY DEED
RECORDED UNDER RECORDING NUMBER 544796).
PARCEL B
(PER STATUTORY WARRANTY DEED,AUDITOR'S FILE NO.20150116000899)
AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF SAID W.A.COX DONATION LAND
CLAIM, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX DONATION LAND CLAIM;
THENCE WESTERLY ALONG THE NORTH LINE OF SAID W.A.COX DONATION LAND CLAIM 230.15 FEET
TO THE TRUE POINT OF BEGINNING OF THIS EASEMENT;
THENCE EASTERLY ALONG SAID NORTH LINE 40.00 FEET;
THENCE SOUTHERLY TO A POINT ON THE NORTH LINE OF THE COUNTY ROAD"SOUTH 280TH STREET"
WHICH IS 190.37 FEET WEST OF THE EAST LINE OF SAID COX DONATION LAND CLAIM;
THENCE WESTERLY ALONG THE NORTH LINE OF SAID ROAD 40.00 FEET;
THENCE NORTHERLY TO THE TRUE POINT OF BEGINNING;
EXCEPT THE SOUTH 414.56 FEET.
PARCELS A AND B COLLECTIVELY KNOWN AS THE SOUTH 414.56 FEET OF TRACTS 40 AND 41,
SECOND ADDITION TO WHITE RIVER VALLEY HOME TRACTS,ACCORDING TO THE UNRECORDED PLAT
THEREOF;
TOGETHER WITH AN EASEMENT FOR ROAD OVER THE EAST 40 FEET OF THE WEST 230 FEET OF THAT
PORTION OF SAID TRACT 41, LYING NORTHERLY OF SAID SOUTH 414.56 FEET.
Q�M.
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A PORTION OF THE
NW Y4 OF SEC. 31, T. 22 N., R. 05 E., W.M. .
CITY OF AUBURN, KING COUNTY, WASHINGTON.
STA 124+58.63, 30.00'RT •
NE COR WA COX DLC NO. 38 •
SOUTH 277TH STREET AKA CITY OF AUBURN #104 I
119+00 120+00 389'00'107 1 122+00 —, 2" IRON PIPE
C/L 123 100 — 24+00
f
ft ( 16 ) ( 17 ) I
9360600323 I 9360600320 n
AUBURN PROPERTIES INC AUBURN PROPERTIES INC ^ri
�O, 9031 52ND ST NE I XXX S 277th ST TPOB 'E, �;
STA 123+43.80, STA 124+52.69, " .
453.93'RT 453.53'RT
1 S89'12'44"E 108.89'
I I PROPERTY LINE =1 I I-11-III=III-
STA 123+37.02, S39'11'561 I I I=I 1 I 1 I I I I—I
Lil Z 514.89'RT 29.57' 11111EN10'42'48'E�I
( 15 ) to N23'09'48"E i— 63.49'
11=1 11=1 4 9—i i i—III-
I I-111-11 I---111-1
9360600330 88.08' III -STA 123+33.09,
AUBURN PROPERTIES INC 0= ( 31 ) _
28032 86TH AVE S j 9360600325 III-1 I— —I 1 I�I 516.51'RT
NATIONWIDE THEATERS WEST FL —III 111=1 I I I I-1 I-i i i-i 1 1—===—i i t
1 1 II III I - =130'05l 6': I II(.9 XXX G STREET NE [ M11I --L-99.90' 111_m
STA 122+03.79, 1=111=HT TI- 1 ' T r
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_METE - =II _ 00 i=T-�co_6
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596
111-1 f 1=11 1
I II=I I IE 1 I I-1 1 1=I 1 I-q •
31
N19'12'38"E 1=1II=III=� STA 122+56.11, I12-j
2
102.28' III—I11—III=11537.48'RT 11I- `loI I STA 121+71.82, 111=111E1 1E1 111E-1 —IW I—I -1 1=1 =x11_111EIIME=111=1J-111E1ELEIIIE18
ci
693.61'RT 11-111E1 1-111E111Ell—i11-11I-111E ^_
NO1'48'17"E IIETEI1 —T= -11H1H�-1 1=111EI`
39.87 =1111E111E1f-11I-11=1M11= 11E111=1 �- LiI I 1=TI=111ETIE —111-11H1H11=11=i1
STA 121+71.26, -11- IT-1 1E111E-1 1—M1 1E-11HI1-11 1-11I=
6) 0• SEM 733.48'RT 4, 111-111-111—IE -111E1 1 1E111=111-
SAAfS , III I III IIII III I II III I I/\' "•v Z), ,4.� ?�� III-1 II�I I I t11 I11=III II II I
7/ =ff1=ITIEM=ITT=ITIETI=MEITTE
—I I1--I-11I I=(I—IT=IIII1=111=11., I '4 ti - :p —M-11 i 1 111=1
%•. STA 122+51.82, r
-0 46889 •. ( 32 ) 816.32'R1' --IN8611'43°W 195.7T
IFS 4)BWJSTBg4+ 24* 9360600305 STA 124+47.57, I
S„-NA` �ANo - — AUBU4-0RN PROPERTI
T NE INC 819.08'RT
•
Parametrlx LEGEND EXHIBIT B
PROPOSED PROPOSED
—ITI UI CONSERVATION CONSERVATION
vIriv-u ri EASEMENT EASEMENT
SCALE IN FEET AREA=79589 S.F. PARCEL#9360600325
0 • 40 80 TPOB TRUE POINT OF BEGINNING FILE: PS0193102T0202SV-EXHIBIT-31B DATE: Nov 05,2015
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