HomeMy WebLinkAbout20220426000044 Stream Buffer Conservation Easement AgreementInstrument Number: 20220426000044 Document:EAS Rec: S211.50 Page -1 of 9
Record Date:4/26/2022 7:21 AM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY HOLLY FERC
When Recorded Mail To:
CITY OF AUBURN, CITY CLERK'S OFFICE
25 West Main Street
Auburn, WA 98001
STREAM BUFFER CONSERVATION EASEMENT AGREEMENT
Reference No.:
Grantor: Port of Seattle
Grantee: City of Auburn
paap 1 of 1
211.5Qx
QtaGe ss 2 • 35%
ice 4.97*
Abbrev. Legal: A portion of Lot 3 of City of Auburn Short Plat No. SPL -0002-89 recorded under
Recording No. 8911220903, records of King County, Washington.
Assessor's Tax Parcel ID#: 9360600258
THIS STREAM BUFFER CONSERVATION EASEMENT AGREEMENT (the
"Agreement") is made and entered into this ebay of j3&; , 2022, by and between
the PORT OF SEATTLE, a Washington special purpose municipal corporation, hereinafter
referred to as "GRANTOR", and the CITY OF AUBURN, a Washington municipal corporation
organized under Title 35A RCW, hereinafter referred to as "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 (the "Subject Property");
WHEREAS, there is a watercourse/stream (referred to as Watercourse "K" in City of
Auburn and that certain US Almy Corps of Engineers (USACE) permit application (No. NWS -
2019 -949) that lies partially off-site and partially on the Subject Property (the "Stream");
WHEREAS, a portion of the Stream runs on real property owned by Grantee and/or third
parties which is adjacent to the Subject Property (the "Stream Property");
WHEREAS, the GRANTOR has the authority to burden the Subject Property for the
purpose of granting the GRANTEE a perpetual non-exclusive stream buffer conservation easement
(the "Conservation Easement") with respect to certain stream buffer areas legally described on
Exhibit 'B' attached hereto and incorporated herein by reference (the "Stream .Buffer Property")
located on and within the Subject Property;
WHEREAS, GRANTEE AND GRANTOR desire to enter into this Agreement to create a
stream buffer for purposes of preserving the quality of the Stream on the Stream Property, for the
benefit of public health, safety, and welfare;
b. • 97+
16.47*
WHEREAS, the GRANTOR acknowledged that preservation of the quality of the Stream I
is essential to maintaining a quality environment, maintaining quality water resources, and the I
preservation of wildlife, and that preservation of the quality of the Stream is in conformity with
°Card Approval j
Date: _e _ _L°` �� Initials: `
Descrip ion: 6kSim'cOl AG2Eel`if-;W 1
Note:5'aLAKBVPFERL C0WSF2ygft0,4
001 , 1-1. S98. woo. F' �
https://recordsearch.kingcounty.gov/LandmarkWeb//Document/GotD'o�'ur @FM il�tD��i... rrZV/zvz�
fCtt S t~ F D►Xet.J
Page 2 of 9
Instrument Number: 20220426000044 Document:EAS Rec: $211.50 Page -2 of 9
Record Date:4/26/2022 7:21 AM King County, WA
the GRANTEE'S Comprehensive Plan;
WHEREAS, the GRANTOR has received good and valuable consideration for granting
this Conservation Easement; and
WHEREAS, the GRANTOR acknowledged the important environmental value of the
Conservation Easement;
NOW, THEREFORE, in consideration of Che mutual benefits to be derived, the parties
hereby agree as follows:
1. AUTHORITY TO BURDEN SUBJECT PROPERTY. The 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 as set forth herein.
2. GRANT OF EASEMENT IN PERPETUITY. The GRANTOR hereby grants the non-
exclusive Conservation Easement set forth herein to the GRANTEE in perpetuity and
covenants that the Conservation Easement shall rum with the land included in the Stream
Buffer Property, The Conservation Easement shall burden the Stream Buffer Property and
benefit the GRANTEE 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 the
GRANTEE to enter upon the Stream Buffer Property, via the Stream Property, for the
purposes of monitoring, maintaining, preserving, and enhancing the Stream Property. The
GRANTOR covenants to maintain fencing to restrict access to the Stream Buffer Property
and prohibit construction of any structures or artificial surfaces or alteration of any native
vegetation within the Stream Buffer Property. No construction or development activity of
any kind may take place within the Stream Buffer Property without the prior approval by
the City of Auburn Director of Community Development. The GRANTEE shall be
permitted to enter onto the Stream Buffer Property, via the Stream Property, at all
reasonable times to monitor and maintain the Stream Property or stream functions such as
recharge, conveyance, storage of stormwater, water quality and wildlife habitat benefits.
The GRANTEE shall not unreasonably interfere with the ownership, possession, use, or
enjoyment by the GRANTOR or GRANTOR'S tenants of the Subject Property when
entering the Subject Buffer Property to perform the permitted functions described herein.
5. PROHIBITED USE OF STREAM PROPERTY. The GRANTOR shall not undertake, nor
cause to be undertaken any activity or use of the Stream Buffer Property which is
inconsistent with the purpose, scope, or intent of this Agreement, nor inconsistent with
stream functions such as: recharge, conveyance, storage of stormwater; water quality and
wildlife habitat benefits; 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 Stream Buffer Property
https://recordsearch.kingeounty. gov/LandmarkWeb//Document/GetDocumentForPrintPN... 4/26/2022
Page 3 of 9
Instrument Number: 20220426000044 Document:EAS Rec: $211.50 Page -3 of 9
Record Date:4/26/2022 7:21 AM King County, WA
except those rights and interests expressly conveyed to the GRANTEE hereunder and those
obligations expressly undertaken by the GRANTEE hereunder.
7. ENFORCEMENT. This Conservation Easement may be enforced by GRANTEE or any
successor governmental agency to GRANTEE. In the event the GRANTEE determines
that the 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 GRANTEE, at its option,
may take action to preserve and protect the Stream Buffer Property consistent with the
rights and privileges described in Paragraph 4 above, after -first giving the GRANTOR
written notice, to protect the Stream, and, in such case, the reasonable expenses incurred
by the GRANTEE shall be recoverable from the GRANTOR if the GRANTOR is found to
be in violation of this Agreement.
8. NON -WAIVER OF BREACH. No omission or failure by the GRANTEE to exercise or
enforce any of its rights under this Agreement or to enforce any breach hereof, nor any
forbearance granted by the GRANTEE, shall be deemed or construed as a waiver by the
GRANTEE of such rights or a discharge of liability for any breach by the GRANTOR of
the terms hereof. Nor shall any delay by the GRANTEE 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 GRANTEE'S right to pursue its remedies.
9. COSTS AND LIABILITIES. Except as provided in Paragraph 4 of this Agreement above,
the GRANTOR retains all responsibilities and will bear all costs and liabilities of any kind
related to or incidental to the ownership of the Stream Buffer Property and agrees to pay
all assessments and taxation (if any) against said Stream Buffer Property assessed by any
governmental authority as they become due.
10. HOLD HARMLESS AND INDEMNIFICATION. The GRANTOR agrees to indemnify,
hold harmless and defend the GRANTEE 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 the GRANTOR'S right to execute and deliver this Agreement.
11. OTHER MATTERS AFFECTING THE PROPERTY. This Conservation Easement and
related rights granted to the GRANTEE herein are specifically subject to (i) any and all
restrictions, covenants, conditions, easements, building lines, encumbrances, reservations,
zoning laws, regulations, and other matters, including, but not limited to, minerals
previously reserved or conveyed, if any, relating to the Subject Property, but only to the
extent that they are still in effect and shown of record, (ii) visible and apparent easements,
encroachments, or other matters affecting the property which do not appear of record, but
which a current survey or plat of the Subject Property would disclose, (iii) the lien for
standby fees and ad valorem taxes for the current year and all subsequent years, and (iv)
any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments
or any overlapping of improvements.
12. AGREEMENTS WITH TI3E UNITED STATES. This Conservation Easement is subject
and subordinate to all current and future agreements entered into between the GRANTOR
and the Federal Aviation Administration, or any other federal agency, related to the
operation or maintenance of the Airport, including agreements that are required as a
https://recordscarch.kingcounty. gov/LandmarkWeb//Document/GetDocumentForPrintPN... 4/26/2022
Page 4 of 9
Instrument Number: 20220426000044 Document:EAS Rec: $211.50 Page -4 of 9
Record Date:4/26/2022 7:21 AM King County, WA
condition to the GRANTOR receiving federal rights or property for Airport purposes or
required in order for the GRANTOR to spend federal funds to improve or further develop
the Airport in accordance with the Federal Aviation Act of 1958 (Pub. L. No, 85-726, 72
Stat. 731) and 49 U.S.C. §§ 47101-47144.
13. RECORDATION. The 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 the GRANTOR of any
interest in any portion of the Subject Property. The GRANTOR shall record this
Agreement in the King County Recorder's Office.
14. CONSTRUCTION. This Agreement shall be liberally construed to effect the purpose and
intent hereof.
15. 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.
[Signature pages follow]
https://recordsearch.kingeounty. govILandmarlcWebHDocumentIGetDocumentForPrintPN... 4/26/2022
Instrument Number: 20220426000044 Document:EAS Rec: $211.50 Page -5 of 9
Record Date:4/26/2022 7:21 AM King County, WA
GRANTOR: PORT OF SEATTLE, a Washington special purpose municipal corporation
By:
Name: TZ,4tk, ( Wt-o�
Its:tc4�
STATE OF WASHINGTON )
) ss.
COUNTY OF ICING )
I certify that I know or have satisfactory evidence that 73-c!4!4—i is the person
who appeared before me and said person acknowledged tha�5dshi-signed this instrument, on oath
stated that she was authorized to execute the instrument and acknowledged it as the
t4 -P of the Port of Seattle, a Washington special purpose municipal, corporation,
to be the free and voluntary act such party for the uses and purposes mentioned in the instrument.
DATED: 7_e4 7
ACK'�y6riiit
"b�loN!''r9
AIA�y 7V+/yi
3 lggens �; a
a
OF 1QIVR1��w�""
S ignatu�..e�NSI`
(Legibly Print oi:Stamp name, of Nott )
Notary Public,in, d -fog nto g Sate of
Washington. ;Resi`diiig at:.'.
My app6intment VexjAi&'
Page 5 of 9
https ://recordsearch,kingcounty. gov/LandmarkWeb//Document/GetDocumentForPrintPN... 4/26/2022
Instrument Number: 20220426000044 Document:EAS Ree: $211.50 Page -6 of 9
Record Date:4/26/2022 7:21 AM King County, WA
GRANTEE: CITY OF AUBURN, a Washington municipal corporation
Ey.
Name: �t
Its: f �F-
STATE OF WASHINGTON )
) ss.
COUNTY OF ICING )
I certify that I ],,now or have satisfactory evidence that 'J 7;Z—�g- is the person
who appeared before me and said person acknowledged that he/ffY signed this instrument, on oath
tated that she was authorized to execute the instrument and acknowledged it as the
,1��of the City of Auburn, a Washington municipal corporation, to be the free and.
voluntary act such party for the uses and purposes mentioned in the instrument.
DATED: _ I
` ei
� e oi9k
pl F \
`w4awws��`
�(S' laat'itie��f.Nota�t �� �
(Legibly Print or Stamp name of Notary)
Notary Publicist and.f6r the State o
Washingtpri. Residing Asn I�
Poly appointment expires:
Page 6 of 9
https:Hrecordseztrch.kingcounty. govILandmarkWeb//DocumentIGetDocumentForPrintPN... 4/26/2022
Page 7 of 9
Instrument Number: 20220426000044 Document:EAS Rec: $211.50 Page -7 of 9
Record Date:4/26/2022 7:21 AM King County, WA
EXHIBIT A
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
WHITE RIVER VALLEY HOME TRACTS NO 2 UNRECORDED LOT 3 CITY OF AUBURN SHORT PLAT NO SPL -
0002 -89 RECORDING NO 8911220903 BEING A PORTION OF GEORGE E KING DLC NO 40 IN SW QTR STR
31-22-05; TGW PORTION OF "I" STREET NE AND 45TH STREET NE VACATED BY CITY OF AUBURN
ORDINANCE N06102 RECORDING NO 20080807001040; EXC PORTION WITHIN TRACT DESIGNATED AS
"PARCEL 2" CONVEYED TO CITY OF AUBURN BY DEED UNDER RECORDING NO 200808070010
https://recordsearch.kingeounty. govILandmarkWeb//DocumentIGetDocumentForPrintPN... 4/26/2022
Instrument Number: 20220426000044 Document:EAS Rec: $211.50 Page -8 of 9
Record Date:4/26/2022 7:21 AM King County, WA
CORE DESIGN, INC.
BOTHELL WA 98011.
CORE PROJECT N0; 19116
8/13/2021
EXHIBIT B
LEGAL DESCRIPTION
STREAM BUFFFER PROPERTY
THAT PORTION OF LOT 3 OF CITY OF AUBURN SHORT PLAT NUMBER SPL -0002.89 RECORDED
UNDER RECORDING NUMBER 8911220903, KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF CITY OF AUBURN BOUNDARY LINE
ADJUSTMENT NUMBER BLA19-0008 RECORDED UNDER RECORDING NUMBER
20191104900007, KING COUNTY, WASHINGTON, SAID POINT BEING ON THE WESTERLY
RIGHT-OF-WAY MARGIN OF I STREET NORTHEAST AS DEDICATED UNDER RECORDING
NUMBER 20080807001041, KING COUNTY, WASHINGTON;
THENCE N01°48'09"E, ALONG SAID RIGHT-OF-WAY MARGIN, 476.41 FEET TO THE
NORTHWESTERLY CORNER OF SAID RIGHT-OF-WAY DEDICATION;
THENCE S24"56'01"E, ALONG THE NORTHEASTERLY MARGIN OF I STREET NORTHEAST, 50.81
FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING S24°56'01"E, ALONG SAID RIGHT-OF-WAY MARGIN, 171.47 FEET TO AN
ANGLE POINT IN SAID RIGHT-OF-WAY DEDICATION;
THENCE S01 °48'09W, ALONG THE EASTERLY MARGIN OF I STREET NORTHEAST, 300.07 FEET;
THENCE S8B°11'51"E 58,49 FEET;
THENCE N08°07'49"E 24.71 FEET;
THENCE N0'1°19'02"E 120.26 FEET TO A POINT OF TANGENCY WITH A420.87 -FOOT RADIUS
CURVE TO THE RIGHT;
THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04°23'07", A
DISTANCE OF 32.21 FEET TO A POINT OF REVERSE CURVATURE WITH A 479.13 -FOOT RADIUS
CURVE TO THE LEFT;
THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 30°38'10", A
DISTANCE OF 256.19 FEET TO A POINT OF TANGENCY;
THENCE N24°56'01"W 30.42 FEET;
THENCE N87°30'19"W 74,51 FEET TO THE POINT OF BEGINNING;
CONTAINS 28,543± SQUARE FEET (0.655± ACRES)
Page 8 of 9
https://recordsearch,kingcounty. gov/Landmarl-Web//Document/GetDocumentForPrintPN... 4/26/2022
Instrument Number: 20220426000044 Document:EAS Rec: $211.50 Page -9 of 9
Record Date:4/26/2022 7:21 AM King County, WA
.w
'
$CALE, V - 100 100'
0 50 100
PFC'0006 00001
\--SE CORNER
BLA19-0008,
45TH STREET NE
GUFFM UA It PAGE
CONSERVATION EASEMENT iOFi
EXHIBIT, W
11100 NE 1951h St, Ul, III
nothell, Wothington 98011
425,885,7877 Fax 425.88S.7943
ENOINEERINC, -PLANNING -$URYffYlNG-I.A
JOB NO. 19116
. EMEMENT
v U,
ti
664 4 tt 139
'01 � 0002;
5#SVI,"il220 03
v 0 89
14
6N
R-420,87
,A--4*23'07'
L-42.21
41290
Page 9 of 9
https:llrecordscarch.kingcounty.gov/LandmarlcWeb/lDocument/GetDocumentForPrintPN... 4/26/2022