HomeMy WebLinkAbout20090116000250 CONSERVATION EASEMENT 01052009
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Return Address:
City of Auburn
City Clerk
25 West Mam
Auburn, WA 98001 0090116tD~025
49.00
pACIFIC NW TIT EAS
PAGE001 OF 008
01/18/2009 10.03 -
KING COUNTY, WA
Above this fine reserved for recording information.
CONSERVATION EASEMENT AGREEMENT
(for wetland and wetland buffer areas
Reference #(if applicable: N/A Additional on page:
Grantor/Borrower: 1) Hebert B Street, LLC 2)
Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: Lot 1 of City of Auburn Lot Line
Adjustment No. LLA-0 1-0018 Additional on page: 7
Assessor's Tax Parcel ID#: 158060-0230
F 0 ,'r" i...: te y i.j ! ~ L •;i ' ~
Note: This instrument supersedes and replaces document recorded under recording number
20030912001303.
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into
this Sth day of January, 2009, by and between HEBERT B STREET, LLC, hereinafter referred to
as "GRANTOR", and the CITY OF AUBURN, a municipal corporation organized wider 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;
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Conservation Easement Agreement t Nx4c~~"~~
Page 1 of 6 F,XCiS~ TAX raO-r REQtJMED
a Co. Records
By ~Deputy
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;
GRANTEE, upon acceptance of the Agreement, does hereby relinquish Conservation Easement
Agreement recorded under Recording No. 20030912001303.
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. HE1RS 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 Properiy. 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.
Conservation Easement Agreement
Page 2 of 6
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 pariy 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
Properly 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 ar construed as a waiver by the CITY of such rights or a
discharge of liability for any breach by GRANTOR of the terms hereo£ 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 any wax 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 Ageement.
Conservation Easement Agreement
Page 3 of 6
11. RECORDATION. GRANTOR agrees to incorporate the terms of this Agreement in any
deed, lease (other than residential apartment leases entered into in the ardinary 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.
Conservation Easement Agreement
Page 4 of 6
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first
written above.
GRANTOR: GRANTEE:
HEBERT B STREET, LLC CITY OF AUBURN, a municipal
corparation
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By; By: SJ'
% _A114 - III
Name: 14 Z.-r ,p 4=ff_ L., Name: K6Mn A% Sn414✓'6✓ 6r&ZZy
Title: MANAGING ft1F_M6EV. Title: A%sL5tv. n'FD, (taw~~Kea✓
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this 5~day of , 20DSefore me, the undersigned,
a nota public in and for t e State of Washington, duly commissioned and sworn, personally appeared
b , to me known to be the manager member that executed the
foregoing ins ent and acknowledged the said instrument to be their free and voluntary act and deed: for
the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year of the certificate first above written.
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~~~~q.G`•''S~oN ~e~ ( rint Name) -
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0 N4TARY
PUBIIC Notary Public in and for the State of
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: O Washington res'ding at
C?'~ Jyappo?nt ~ QF wAS~NC~,,ment expires:
/1111"o
Conservation Easement Agreement
Page 5 of 6
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~ LINE TABLE o M
CURVE TABLE LINE LENGTH BEARING ~i N
CURVE N0. DELTA RAOIUS LENGTH Li 13.45' N6539'06"W a T
C1 105'36'36" 25.00' 46.08' L2 36.43' S89'09'07"W M N
C2 25'11'46" 25.00' 10.99' L3 8.86' S04'02'16"E N M
C3 93'11'23" 25.00' 40.66' L4 13.69' S44'51'34"E ~co
C4 19'48'11° 25.00' 8.64' L5 21.53' N80'39'27"E o 0
C5 132'17'47" 25.00' 57.73' L6 11.25' S6914'05"E ~ N
C6 54'28'59" 25.00' 23.77' L7 25.44' N42'16'17"W ~ a
C7 154'02'12" 25.00' 67.21' L8 2.59' S87*26'13"W oLZ
Scale: Job Number
Horizontal 1"=100' Verticol 12836+
18215 72ND AVENUE SOUTH
KEM C 0 N S E R V A T I 0 N
~GHAVt4 , WA 98032 Sheet
mP ~r1,~.~.yr (425)251-6222
(425)251-8782 FAX E A S E M E N T
CIVIL ENGINEERING, LAND
ENPLANNING SURVEYING,
ENVIRONMENTAL SERVICES of
Desi ned Drawn KMM Checked W A roved Date
LEGAL DESCRIPTION
CONSERVATION EASEMENT
All those portions of Lot 1 of City of Auburn Lot Line Rdjustment No. LLA-01-0018, as recorded
under Recording No. 20010910001874, Records of King County, Washington, more particu(arly
described as follows:
COMMENCiNG at the Northwest corner of said Lot '1;
THENCE Sou#h 88° 39' 14" East along the North line thereof, a distance of 292.25 feet to the
POINT OF SEGINNING and the beginning of a non-tangent curve to the left, from which point the
radius point of said curve bears South 50° 02' 31" East 25.00 feef distant;
THENCE Southerly along the arc of said curve, passing through a central angfe of 105° 36' 36, an
arc distance of 46_08 feef;
THENCE South 65° 39' 06" East, 13.45 feet to the beginning of a 25.00-foot radius curve to the
left;
THENCE along the arc of said curve, passing through a centrai angle of 25° 11' 46", an arc
distance of 10.99 feet;
THENCE North 89° 09' 07" East, 36.43 feet to the beginning of a 25.00-foot radius curve to the leit;
THENCE along the arc of said curve, passing through a central angie of 93° 11' 23", a-k arc
distance of 40.66 feet; 'THEiVCE Narth 04° 02' 16" West 8.86 feetf4 the beginnina of a 25_00-faot radius curve to the left;
THENCE along the arc of said curve, passing through a centra[ angle of 1.9° 48' 11°, an arc
disfance of 8.64 feet to the North fine of said Lot 1, and a point hereinafter referred to as Point "A";
THENCE North 88° 39' 14° Wesf along said Nor"th line 90.12 feet to the POINT OF BEGlNN1NG
TOGETHER WITH that portion of said Lot 1, more particuiarly described as follows:
COMMENCING at the aforemenfioned Point "A";
THENCE South 88° 39' 14" East along the North line of said Lot 1, a distance af 47.77 feet io the
POINT OF BEGlNNING;
THENCE CONTINUING South 88° 39' 14" Easf along said North line, a distance of 54.62 feet;
THENCE South 42° 16' 17" East, 25.44 feet to 'fhe beginning of a 25.00-foat radius curve to the
right;
THENCE along the arc of said curve, passing through a central angie of 154° 02' 12", an arc
distance of 67.29 feet;
THENCE NorEh 68° 14' 05" West, 1125 feet;
THENCE South 80° 39' 27" West, 21.53 feet to the beginning of 25.00-foot radius curve.to the
rig ht;
THENCE along the arc of said curve, passing thraugh a central angle of 54° 28' 59", an arc
distance of 23.77 feet;
~ THENCE North 44° 51' 34" West, 43.69 feet to the beginning of a 25.00-foot radius curve to the
rfght;
THENCE afong the arc of said curve, passing through a central angle of 132° 17' 47", an arc
distance of 57.73 feet; THENCE North 87° 26' 13" Easf, 2.59 feet to the North line of said Lot 1 and the POINT OF
BEGINNING.
Project Name: Hebert Auburn Warehouse
. November 11, 2008
RWGfjss
12836L.001.doc '
Exhibit_ 92836EXF-f01-ESMT_dwg ~