HomeMy WebLinkAboutFAC23-0009 Conservation Easement AgreementInstrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -1 of 10
Record Date:2/28/2024 8:30 AM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY HOLLY FERGUSON, DEPUTY
R.etum Address:
City of Auburn
City Cleric
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
CONSERVATION EASEMENT AGREEMENT
(for wetland, wetland buffers, stream, and strewn buffers)
Reference # (if applicable): N/A
Grantor/Borrower: Elaine and Joesph Green
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/ST.R: Section 32 Township 21N Range 5E
Assessor's Tax :Parcel ID#: 322205-9180
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this
_qday of okiu art 20q, by and between ELAINE AND JOESPIT GREEN,
hereinafter referred to as " :rRANTOR", and the CI'T'Y 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,
Icing 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 and stream conservation easement (the "Conservation. Easement") with respect to certain wetland,
wetland buffer, stream and stream 'buffer areas legally described on Exhibit `B' attached hereto and.
incorporated herein by reference (the "Wetland and Stream Property") located on the Subject Property;
WHEREAS, it is mutually agreed that this Agreement be entered into to preserve the quality of wetland
and streams for the benefit of public health, safety, and welfare;
WHEREAS, it is mutually agreed that preservation of the quality of wetland and stream areas are essential
to maintaining a quality environment, maintaining quality water resources, and the preservation of wildlife,
and that preservation of the quality of wetlands and streams 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
FAC23-0009 Conservation Easement Agreement
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Instrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -2 of 10
Record Date:2/28/2024 8:30 AM King County, WA
WHEREAS, GRANTOR. acknowledged the important environmental value of the Conservation Easement
and agrees not to undertalce any activity which will in any way be inconsistent with the preservation of the
wetland and stream, and associated buffer areas or the quality of the wetland and stream, and associated
buffers 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 and Stream. Property legally described on Exhibit
`13' attached hereto. GRANTOR covenants not to in any way impair or interfere with the
-function and use of the Wetland and Stream Property, and GRANTOR further covenants
to take reasonable and necessary steps to restrict access to the Wetland and Stream
Property and prohibit construction of any structures or artificial surfaces or alteration of
any vegetation within the Wetland and Stream Property. No activity of any kind may
take place within the Wetland and stream Property without 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 and Stream Property or wetland and stream -.,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.
5. PROHIBITED USES OF WETLAND AND STREAM PROPERTY. GRANTOR shall
not undertake, nor cause to be undertaken any activity or use of the Wetland and Stream
Property which is inconsistent with. the purpose, scope, or intent of this Agreement, nor
inconsistent with wetland and stream functions such as: recharge, conveyance, or storage
of stormwater; mitigation measures required; and vegetative enhancement or protection.
FAC23-0009 Conservation Easement Agreement
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Instrument Number: 20240228000172 Document:EAS Rec: S312.50 Page -3 of 10
Record Date:2/28/2024 8:30 AM King County, WA
6. RESERVED RIGHTS. The GRANTOR reserves to itself all rights, title, interest, and
obligations incident to ownership of the Subject Property and Wetland and Stream
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 and Stream Property or its wetland and stream 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 stream, 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 tinder 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 and Stream Property and
agrees to pay all assessments and taxation (if any) against said Wetland and Stream
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 anal Stream
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.
FAC23-0009 Conservation Easement Agreement
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Instrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -4 of 10
Record Date:2/28/2024 8:30 AM King County, WA
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 affect 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.
FAC23-0009 Conservation Easement Agreement
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Instrument Number: 20240228000172 Document:EAS Rec: S312.50 Page -5 of 10
Record Date:2/28/2024 8:30 AM King County, WA
PROPERTY OWNER(S):
STATE OF WASHINGTON)
)ss.
COUNTY OF DING )
I certify I know pr have sa isfactory evidence that U�tiAZ— and
are the persons who appeared before me, and said
individuals acknowledged that they signed this instrument and acknowledged it to be their free
and voluntary act for the uses and purposes mentioned in this instrument.
GIVEN under my hand and official seat this7day of , 2024.
ROBERT SCAVOFTO
Notary Public:
State of Washington
Commission # " i ,87 Nota Publi i a for t State f Washin ton
r X
My comm. Expires Apr 17, 2024 Residing at �� b
My appointment expires
FAC23-0009 Conservation Easement Agreement
Page 5 of 10
W
R
STATE OF WASHINGTON)
)ss.
COUNTY OF DING )
I certify I know pr have sa isfactory evidence that U�tiAZ— and
are the persons who appeared before me, and said
individuals acknowledged that they signed this instrument and acknowledged it to be their free
and voluntary act for the uses and purposes mentioned in this instrument.
GIVEN under my hand and official seat this7day of , 2024.
ROBERT SCAVOFTO
Notary Public:
State of Washington
Commission # " i ,87 Nota Publi i a for t State f Washin ton
r X
My comm. Expires Apr 17, 2024 Residing at �� b
My appointment expires
FAC23-0009 Conservation Easement Agreement
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Instrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -6 of 10
Record Date:2/28/2O24 8:30 AM King County, WA
CITY OF AUBURN
Jason I srrm, Director of the Dcpartn7ent ofComr iunity
STATE OF WASHINGTON)
)ss.
COUNTY OF KINCJ )
�a
nient� rpt:
I certify that I know or have satisfactory evidence that JASON ICRUM is the per -son who appeared
before tile, and said person acknowledged that he signed this instrurnern, «n oath Stated that he was
authorized to execute the instrument and acknowledged it as the DIREC'TOR OF THE
DEPARTMENT OF COMMUNITY DEVELOPMENT 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 ,0 P
FAC'23-0009 Conservation Easement ,Agreement
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Instrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -7 of 10
Record Date:2/28/2024 8:30 AM King County, WA
EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY
THAT .PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER, SECTION 32, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.,
KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHEAST QUARTER.
OF SAID SECTION 32;
THENCE SOUTH 00056'57" WEST ALONG THE EAST LINE OF SAID SECTION 32 A
DISTANCE OF 657.90 FEET TO THE NORTHEAST CORNER OF TIIE SAID SOUTH
HALF AND THE POINT OF BEGINNIG;
THENCE NORTH 88024'20" WEST ALONG THE NORTH LINE OF THE SAID SOUTH
HALF A DISTANCE OF 504.49 FEET;
THENCE SOUTH 01028`1.0" WEST A. DISTANCE OF 658.97 FEET TO THE SOUTH LINE
OF THE SAID SOUTH HALF;
THENCE ALONG THE SAID SOUTH LINE SOUTH 88°31'50" EAST A DISTANCE OF
510.46 FEET TO THE SOUTHEAST CORNER OF THE SAID SOUTH HALF AND THE
EAST LINE OF SAID SECTION 32;
THENCE NORTH 00"56'57" EAST A DISTANCE OF 657.90 FEET TO TIIE NORTHEAST
CORNER OF THE SAID SOUTH HALF AND THE POINT BEGINNING,-
EXCEPT
EGINNING;
EXCEPT THE EAST 30 FEET FOR ROAD (116TH: AVE SE) PER KING COUNTY SHORT
PLAT 6008 UNDER RECORDING NUMBER 20170613000031.
(ALSO KNOWN AS NEW PARCEL C OF BOUNDARY LINE ADJUSTMENT NO. BLA 16-
0007 RECORDED ON MARCH 01, 2018 AS RECORDING NUMBER 20180301.900034, IN
THE OFFICIAL RECORDS OF KNGCOUNTY, WASHINGTON.)
FAC23-0009 Conservation Easement Agreement
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Instrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -8 of 10
Record Date:2/28/2024 8:30 AM King County, WA
EXHIBIT IS
CONSERVATION EASEMENT
ACROSS PAKE-1, NO, 3222059 80)
THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER, OF THE SOUTHEAST
QUARTER OF SECTION 32 IN TOWNSHIP 22 NORTH, RANGE 5 EAST OF THE WILLAMETTE
MERIDIAN, KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 32;
THENCE SOUTH 00"57'01" WEST ALONG THE EAST LINE OF SAID SECTION 82, A DISTANCE OF
657.97 FEET TO THE NORTHEAST CORNER OF THE AFORESAID SOUTH HALF;
THENCE NORTH 8901VIV WEST, 286.49 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 8&*24'16` WEST, 218.01 FEET,
THENCE SOUTH 01"28'12" WEST, SS ,TIS FEET;
THENCE SOUTH 88031'47- EAST, 238-48 FEET TO THE BEGINNING OF A NON -TANGENT CURVE
CONCAVE WESTERLY, FROM WHICH THE RADIUS POINT SEARS SOUTH 86-,43,57- WEST, A
DISTANCE OF 110.00 FEET;
THENCE NORTHERLY AND COUNTERCLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 11002'11#', A DISTANCE OF 21.19 FEET TO THE BEGINNING OF A NOW
TANGENT CURVE, CONCAVE NORTHWESTERLY, FROM WHICH THE RADIUS POINT BEARS NORTH
54"21YSI" WEST, A DISTANCE OF 1%00 FEET;
THENCE NORTHEASTERLY AND COUNTERCLOCKWISE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 34036'30", A DISTANCE OF 66.44 FEET TO THE BEGINNING OF
A NON -TANGENT CURVE CONCAVE SOUTHERLY, FROM, WHICH A RADIUS POINT BEARS SOUTH
20-47'55" EAST, A DISTANCE OF 100.00 FEET;
THENCE EASTERLY AND CLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 76*02'32", A DISTANCE OF 132.72 FEET;
THENCE SOUTH 88"31'44!' EAST, 97.72 FEET;
THENCE NORTH OV56'06' EAST, 310.33 FEET;
THENCE NORTH 89045'11- WEST, 69,08 FEET;
THENCE NORTH 08"14'59- WEST, 141.42 FEET;
THENCE SOUTH 84"37'25" WEST, 82.40 FEET TO THE BEGINNING OF A NON -TANGENT CURVE
CONCAVE NORTHWESTERLY, FROM WHICH A RADIUS POINT BEARS NORTH 47"4V29- WEST, A
DISTANCE Of 100 00 FEET;
THENCE SOUTHWESTERLY AND CLOCKWISE ALONG THE ARC OF SAID CURVE THRCiUGH A
CENTRAL ANGLE OF 49*46'58", A DISTANCE OF $6.89 FEET;
THENCE NORTH lr2646' WEST, 42.66 FEET;
2601 Sotith 36th St, #200 1 Tacoma, WA 98409 1 speftn9inewhigillnet 1 (263147 494 VF
FAC23-0009 Conservation Easement Agreement
Page 8 of 10
Instrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -9 of 10
Record Date:2/28/2024 8:30 AM King County, WA
EXHIBIT B
CONSERVATION EASEMENT
(ACROSS PARCEL NO, 222059180)
THENCE NORTH 00025`56" WEST, 8539 PEST TO THE BEGINNING OF A NON -TANGENT CURVE
CONCAVE WESTERLY, FROM WHICH A RADIUS POINT DEARS NORTH 52045'12- WEST, A
DISTANCE 0R 110.00 FEET,
THENCE NORTHERLY AND COUNTERCLOCKWISE ALONG TIME ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE CSR 43°37'32", A DISTANCE OF $3.75 FEET TO THE POINT OF BEGINNING;
(CONTAINING 236,570 SQUARE FEET, MORE OR LESS)
TIMOTHY J.1 MCDANIEL, L, R.L,S.
WASHINGTON STATE AEGISTRATI iN NO. 45792
'AGE 2 OF
2601 South 35th St. #200 1 Tacoma, SVA 98409 1 I is rin , t 1 0) 473449A
FAC23-0009 Conservation Easement Agreement
Page 9 of 10
Instrument Number: 20240228000172 Document:EAS Rec: 5312.50 Page -10 of 10
Record Date:2/28/2O24 8:30 AM King County, WA
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FAC23.0009 Conservation Easement Agreement
Page 10 of 10
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