HomeMy WebLinkAbout20000906001225 CONSERVATION EASEMENT 090600Y f
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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
PACIFIC NW TIT EAS
PAGE 001 OF 011
09/06/2000 14:23
KING COUNTY.,, .WA
RECORDER'S COVER SHEET
01225
18.00
3. 13. P-
Document Title(s) (or transactions contained therein): 1111,g
'F'AIW 7- W ~v a 59 i2...
CONSERVATION EASEMENT AGREEMENT
Reference Number(s) of Documents assigned or released:
❑Additional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
277th ASSOCIATES, L.P
Grantee/Assignee/Beneficiary: (Last name first) 816d docxinwntt*we
n.oad by P+ cMc Nor~h~a ~ air
CITY OF AUBURN ONY R hm net boon
Oswfnbied
• trlla 0 PI tile,. ftearim or
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
36-22-04
® Additional legal is on page 8-11 of document.
Assessor's Property Tax Parcel/Account Number
❑ Assessor Tax # not yet assigned
CONSERVATION EASEMENT AGREEMENT
(for wetland mitigation and wetland buffer areas)
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THIS CONSERVATION EASEMENT AGREENIENT (the "Agreement") is made and entered
into this day of June, 2000, by and between 277th Associates .L. P.
hereinafter referred to as "GRANTOR," and the CITY OF AUBURN, a municipal
corporation organized under Title 35A RCW, hereinafter referred to as the "CIT"Y' and/or
"GRAN'T'EE."
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 mitigation 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;
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
o consideration has a long-term benefit to the GRANTOR and the GRANTOR'S Subject Property; and
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WHEREAS, GRANTOR acknowledges 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 mitigation 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:
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 EASE~1% ENT IN PERPETUITY. GRANTOR hereby grants the nonexclusive
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 the public.
HEIRS. SUCCESSORS AND ASSIGNS. This 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
Uri 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
o Wetland Property, and GRANTOR further covenants to take reasonable and necessary steps
o 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
c= of Auburn Director ofPlanning 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 storm
`-4 water.
5. DUTIES OF THE CITY. In consideration of the grant ofthe Conservation Easement herein,
the CITY agrees to monitor, maintain, preserve and protect the Wetland Property and its
wetland value at the CITY'S sole expense. The CITY shall not unreasonably interfere with
the ownership, possession, use or enjoyment by GRANTOR or GRANT'OR' S tenants of the
Subject Property when entering the Subject Property to perform the permitted functions
described herein.
6. PROHIBITED USES OF WETLANI Q PROPERTY. GRANTOR shall not undertake, nor
cause to be undertaken, any activity or use of the Wetland Property which is inconsistent with
the CITY'S Wetland Mitigation Plan, or the purpose, scope or intent of this Agreement.
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7. RESERVED RIGHTS. The GRANTOR reserves to itself all right, 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.
8. 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.
9. 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
gamed 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
L.n such right or remedy or be construed as a waiver of the CITY'S right to pursue its remedies.
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V- 10. COSTS AND LIABILITIES, Except as provided in Paragraph 5 of this Agreement above,
o GRANTOR retains all responsibilities and w-ill bear all costs and liabilities of any kind related
t° to or incidental to the ownership of the Wetland Property and agrees to pay all assessments
o and taxation (if any) against said Wetland Property assessed by any governmental authority
o as they become due.
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11. HOLD, HARMLESS AND INDEMNIFICATION. GRANTOR agrees to hold harmless and
C" 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, without limitation, reasonable attorney's fees, arising from or in any
way connected with injury or death to any person or physical damage to any property
resulting; from any act, omission, condition or other matter relating to or occurring on the
Wetland Property regardless of cause, unless such injury, death or damage results from the
negligence of the CITY or its officials, members, employees, agents or invitees. 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, without limitation, reasonable attorney's fees, arising from or relating
to any third party claim which challenges GRANTOR'S right to execute and deliver this
Agreement.
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12. RECORDATION. GRANTOR agrees to incorporate the terms of this Agreement in any
deed; lease or other agreement which divests GRANTOR of any interest in any portion of the
Subject Property. GRAN'T'OR shall record this Agreement immediately in the Office of the
King County Department of Records and Elections.
13. CONSTRUCTION. This Agreement shall be liberally construed to effect the purpose and
intent hereof
14. 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
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.ASSIGNOR:
277th Associates L.P.
By
Name: Met r?1w 4 46 YemL! 5 , -TN<,.
ASSIGNEE:
CITY OF AUBURN, a municipal corporation
By: e6A1% P, al
Name: Charles A. Booth
Title: eE11y,5reX PA t-rN g.t
Title: Mayor
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STATE OF v &44u ) CORPORATE
COUNTY OF r'~E^"~1 1
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On this a day of A.D. 2000, before me personally
appeared d F M 0 tome known to be the V1 CC, A-4dz-t
of ttiS Ch & the corporation that executed the within
and fo g ng instrument, and acknowledged the same instruments to be the fee and voluntary
act and deed of said corporation, for the uses and purpose therein mentioned, and on oath stated
that they were authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year first above written.
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CA", Notary Public in and r the State of residing at
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STATE OF WASHINGTON)
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COUNTY OF KING )
THIS IS TO CERTIFY that on this a7#` day of June, 2000, before me, the undersigned,
a notary public in and for the State of Washington, duly commissioned and sworn, personally
appeared 19, to me known to bethe ofthe CITY
OF AUBURN, a Washington municipal corporation, the corporation t!Kat executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntazy act and deed
of said corporation for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument on behalf of said corporation.
WITNESS my hand and p&r al seal the day and year of the certificate first above written.
A so,
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EXIMIT A
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE WILLIAM A. COX DONATION LAND CLAIM IN
SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING
COUNTY, WASHINGTON, LYING WEST OF THE PUGET SOUND ELECTRIC
RAILWAY RIGHT OF WAY IN SAID SECTION 36, AS CONVEYED BY
RIGHT OF WAY DEED RECORDED UNDER RECORDING NO. 212159;
AND THAT PORTION OF GOVERNMENT LOT 4 IN SECTION 36, TOWNSHIP
22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON;
scs EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR SOUTH 277Tf1
cv STREET BY DEED RECORDED UNDER RECORDING NO. 4714893;
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AIM EXCEPT THAT PORTION CONDEMNED IN KING COUNTY SUPERIOR
COURT CAUSE NO. 650447 FOR PRIMARY STATE HIGHWAY NO. 5 (SR
0 167) ;
Lc) AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON
FOR HIGHWAY PURPOSES BY DEEDS RECORDED UNDER RECORDING NO.
0 6655596 AND 66555971
c" AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON
C= FOR FRONTAGE ROAD BY DEED RECORDED UNDER RECORDING NO.
c 74123103191
CM AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF
a AUBURN FOR 52ND STREET NORTHWEST (SOUTH 277TIT STREET) BY
DEED RECORDED UNDER RECORDING NO. 9106210863;
LYING NORTH OF THE FOLLOWING DESCRIBED LINE:
COMMENCING ON THE INTERSECTION OF THE SOUTH MARGIN OF SAID
529D STREET NORTHWEST (SOUTH 277TH STREET) AS CONVEYED BY
KING COUNTY RECORDING NOS. 4714893 AND 910621.0863 WITH THE
WEST MARGIN OF SAID PUGET SOUND ELECTRIC RAILWAY RIGHT OF
WAY;
THENCE SOUTU 01014'47" WEST 545.00 FEET ALONG SAID WEST
MARGIN TO TILE TRUE POINT OF BEGINNING OF HEREIN DESCRIBED
LINE;
THENCE NORTH 88045'33" WE9T 1113.11 FEET, MORE OR LESS. TO
THE EAST MARGIN OF THE FRONTAGE ROAD CONVEYED TO THE SPATE
OF WASHINGTON UNDER KING COUNTY RECORDING NO. 7412310319 AND
THE TERMINUS OF HEREIN DESCRIBED LINE.
CONSERVATION EASEMENT
That portion of revised lot 1, City of Auburn Lot Line Adjustment No. LLA-0014-95 recorded under
Recording No. 9607110147, Records of King County, Washington described as follows:
COMMENCING at the Southeast corner of said lot 1 THENCE North 01 ° 14' 17" East, 158.50 feet,
along the East line of said lot to the TRUE POINT OF BEGINNING;
THENCE continuing North 01 ° 14' 17" East, 40.24 feet along said line;
THENCE South 84°
59' 39" West, 118.39 feet;
THENCE South 75°
29'41 " West, 45.67 feet;
THENCE North 84°
4725" West, 47.96 feet;
THENCE South 82°
30'29" West, 68.67 feet;
THENCE North 86°
12'39" West, 73.84 feet;
THENCE North 86°
06'41 " West, 76.02 feet;
THENCE North 88°
37'32" West, 60.92 feet;
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THENCE South 85°
23'55" West, 66.74 feet;
THENCE South 81 °
56' 17" West, 117.60 feet;
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THENCE South 80°
40'03" West, 120.81 feet;
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THENCE South 66°
18' 03" West, 48.92 feet;
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THENCE North 89°
55'02" West, 36.23 feet;
THENCE South 74°
20'05" West, 79.41 feet;
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THENCE South 56°
23'31 " West, 30.49 feet;
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THENCE South 87°
23'43" West, 51.44 feet;
THENCE South 85°
39'29" West, 81.86 feet to West line of said lot;
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THENCE South 11 °
35' 17" West, 41.60 feet along said West line;
THENCE North 85°
39'29" East, 92.67 feet;
THENCE North 87°
23'43" East, 61.92 feet;
THENCE North 56°
23'31 " East, 35.27 feet;
THENCE North 74°
20'05" East, 67.56 feet;
THENCE South 89°
55'02" East, 39.12 feet;
THENCE North 66°
18' 03" East, 52.30 feet;
THENCE North 80°
40' 03" East, 115.32 feet;
THENCE North 81 °
56' 17" East, 115.95 feet;
THENCE North 85°
23'55" East, 63.45 feet;
THENCE South 88°
37'32" East, 57.95 feet;
THENCE South 86°
06' 41" East, 75.18 feet;
THENCE South 86°
12'39" East, 77.83 feet;
THENCE North 82°
30'29" East, 68.17 feet;
THENCE South 84°
4725" East, 50.46 feet;
THENCE North 75°
29' 41" East, 49.30 feet;
THENCE North 84°
59'39" East, 110.69 feet to the TRUE POINT OF BEGINNING.
Project: Northward Development - Auburn 8-Acres
June 27, 2000
7347E_.001
DJS/rbfjss
CONSERVATION EASEMENT
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That portion of revised lot 1, City of Auburn Lot Line Adjustment No. LLA-0014-95 recorded under
Recording No. 9607110147; Records of King County, Washington described as follows:
COMMENCING at the Southeast corner of said lot 1 THENCE North 01 ° 14' 17" East, 158.50 feet,
along the East line of said lot to the TRUE POINT OF BEGINNING;
THENCE continuing North 01 ° 14' 17" East, 40.24 feet along said line;
THENCE South 84°
59'39" West, 118.39 feet;
THENCE South 75°
29'41 " West, 45.67 feet;
THENCE North 84°
47'25" West, 47.96 feet;
THENCE South 82°
30'29" West, 68.67 feet;
THENCE North 86°
12'39" West, 73.84 feet;
THENCE North 86°
06'41 " West, 76.02 feet;
THENCE North 88°
37'32" West, 60.92 feet;
THENCE South 85°
23' 55" West, 66.74 feet;
THENCE South 81 °
56' 17" West, 117.60 feet;
THENCE South 80°
40'03" West, 120.81 feet;
THENCE South 66°
18'03" West, 48.92 feet;
THENCE North 89°
55'02" West, 36.23 feet;
THENCE South 74°
20'05" West, 79.41 feet;
THENCE South 56°
23'31 " West, 30.49 feet;
THENCE South 87°
23'43" West, 51.44 feet;
THENCE South 85°
39'29" West, 81.86 feet to West line of said lot;
THENCE South 11 °
35' 17" West, 41.60 feet along said West line;
THENCE North 85°
39'29" East, 92.67 feet;
THENCE North 87°
23'43" East, 61.92 feet;
THENCE North 56°
23' 31" East, 35.27 feet;
THENCE North 74°
20'05" East, 67.56 feet;
THENCE South 89°
55'02" East, 39.12 feet;
THENCE North 66°
18'03" East, 52.30 feet;
THENCE North 80"
40'03" East, 115.32 feet;
THENCE North 81 °
56' 17" East, 115.95 feet;
THENCE North 85°
23'55" East, 63.45 feet;
THENCE South 88°
37' 32" East, 57.95 feet;
THENCE South 86°
06'41 " East, 75.18 feet;
THENCE South 86°
12'39" East, 77.83 feet;
THENCE North 82°
30'29" East, 68.17 feet;
THENCE South 84°
47'25" East, 50.46 feet;
THENCE North 75°
29'41 " East, 49.30 feet;
THENCE North 84`
59'39" East, 110.69 feet to the TRUE POINT OF BEGINNING.
Project: Northward Development - Auburn 8-Acres
June 27, 2000
7347L.001
DJSlrblss
Exhibit B^2
_ CONSERVATION EASEMENT EXHIBIT
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