HomeMy WebLinkAbout20020307001214 CONSERVATION EASEMENT 030702A 13- )Y
CONSERVATION EASEMENT AGREEMENT
(for wetland and wetland buffer areas)
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this twenty-
seventh day of February, 2002, by and between Sequence Farms South 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
C
County, Washington, legally described on Exhibit "A" attached hereto and incorporated herein by reference,
Q which property is intended to be subject to this Agreement and burdened in perpetuity by this Agreement (the
"Subject Property");
3 WHEREAS, the GRANTOR or the representative of GRANTOR executing this Agreement has the authority to
CQ 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;
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:
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.
GRANT OF EASEMENT IN PERPETUITY. GRANTOR hereby grants the non-exclusive Conservation
Easements set forth herein to the CITY in perpetuity (except as outlined in Paragraph 2a below) and
covenants that the Conservation Easements shall run with the land included in the Subject Property legally
described in Exhibit "A" attached hereto. The Conservation Easements shall burden the Subject Property and
benefit the CITY and public.
2a. Relinquishment or modification to the easement area widths or opportunities for construction within the
easement area shall only be made upon the submittal of appropriate environmental studies for approval
by the City and other required agencies. Future uses within the conversation easement area shall be
consistent with the findings of the environmental studies, the purpose of the tributary channel, a general
benefit to the public and approved by the Planning Director. Such uses could include flood storage
facilities, storm drainage facilities, mitigation for approved wetland tilling and may be combined with
stream and/or buffer enhancement plans. In the event that appropriate mitigation within or along the
stream channel or a buffer is provided, the Conservation Easement may be modified as determined
appropriate by the City based on the approved plan.
HEIRS, SUCCESSORS, AND ASSIGNS. The Conservation Easements 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 Easements 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
Page 1 of 3 4729.013.wpd [1)KB/ath]
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. 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.
v~l 5. PROHIBITED USES OF WETLAND PROPERTY. GRANTOR shall not undertake, nor cause to be
r-i undertaken any activity or use of the Wetland Property which is inconsistent with the purpose, scope, or
C44 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.
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C) 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.
gy 7. ENFORCEMENT. In the event the CITY determines that GRANTOR is in violation of the terms of this
CQ AGREEMENT, and an enforcement action is initiated, the prevailing party in such action shall be entitled to
G'>t recover reasonable attorney's fees and costs incurred in prosecuting or defending against such enforcement
C~ action, in addition to any other remedy or relief obtained. The CITY, at its option, may take action to
CQ 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.
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 and 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.
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.
Page 2 of 3 4729.013.wpd [DKBlathl
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first written above.
GRANTOR:
GRANTEE:
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STATE OF WASHIlNGTON )
ss.
COUNTY OF KING )
CI UBURN, licipal corporation
By:
Name: f FTLh2 $ Lewis
Title:
MAYOR
ON THIS Tn day of Fl -B 200 A , before me, personally appeared
Ernie Patty, to me known to be the Managing Member, of GRANTOR, described in and who executed the
within and foregoing instrument, and who acknowledged that they signed the same as their free and voluntary
act and deed for them uses and purposes therein mentioned, and who mentioned, and on oath stated that they
were authorized on behalf of GRANTOR, to execute said instrument.
S*4 S.
NoTAR y m : o/ Notary Public to and forth tate of Washington
i
01 14 6MT
i PUBLIC
Residing at 10 ~tt'~ 9,9.06. My appointment Expires q-1-04
A ST:
,i
Dan elle Daskam, City Clerk
APP D O J:
D iel B. He Tty Attorney -
Page 3 of 3 4729.013.wpd II)KBlath)
EXHIBIT "B"
CONSERVATION EASEMENT NO. 1
ti All that portion of Lot 3, City of Auburn Lot Line Adjustment No. 0014-95, as recorded under Recording
Gq No. 9607110147, Records of King County, Washington, more particularly described as follows:
r-1
C A strip of land, 60 feet in width, lying 30 feet on each side of the following described easement centerline:
COMMENCING at the Southeast corner of said Lot 3;
THENCE North 07° 22'58" West, 643.04 feet to the POINT OF BEGINNING;
THENCE North 67° 14' 14" West, 101.45 feet;
THENCE North 73° 01'04" West, 126.60 feet;
CD THENCE North 76° 21'48" West, 217.45 feet;
CQ THENCE South 30° 05'05" West, 146.85 feet;
® THENCE South 02° 37' 56" West, 105.02 feet to the terminus of the herein described easement
CD centerline.
W
TOGETHER WITH semi-circles with a radius of 30 feet centered on the POINT OF BEGINNING and the
terminus of the herein described easement centerline.
Extending or shortening the sidelines of said easement to intersect each other in angle points.
CONSERVATION EASEMENT NO. 2
All that portion of Lot 3, City of Auburn Lot Line Adjustment No. 0014-95, as recorded under Recording
No. 9607110147, Records of King County, Washington, more particularly described as follows:
COMMENCING at the Southeast corner of said Lot 3;
THENCE North 40° 46'24" West, 624.35 feet to a point on the 25-foot wetland buffer line lying Southeast
of the wetland;
THENCE Northerly, Westerly, Southerly, and Easterly around said 25-foot wetland buffer line to the
POINT OF BEGINNING.
CONSERVATION EASEMENT NO. 3
All that portion of Lot 3, City of Auburn Lot Line Adjustment No. 0014.95, as recorded under Recording
No. 9607110147, Records of King County, Washington, lying Southerly of the following described line:
COMMENCING at the Southeast corner of said Lot 3;
THENCE North 89° 15' 52" West along the Southerly line thereof, a distance of 200.76 feet to the
150-foot construction setback line Northeasterly of unnamed tributary to Mill Creek and the POINT OF
BEGINNING;
THENCE Northerly and Westerly along said 150-foot construction setback line to the Easterly margin
of the frontage road, the Westerly line of said Lot 3 and the terminus of the herein described line.
Project Name: Sequence 280
January 9, 2002
RW G/ath/rh
47291.015.wpd
lIL
2002030700!214
SARGWAUSEN SP 45.00
PAGE 001 OF Oil
03/07/2002 11:40
KING COUNTY, WA
Return Address: City of Auburn-Plan nin4 Department
25 West Main
Auburn, WA 98001
y'ozv
Section/Township/Range: 36-22-04E Parcel No. 362204-4004 9865
Additional legal on page 3
SHORT SUBDIVISION APPLICATION
Property Owner's Name
Agent's Name
Sequence Farm South, LLC
Barghausen Consulting Engineers, Inc.
Address
Address
415 Baker Boulevard
18215 72nd Avenue South
City/State/Zip
City/State/Zip
Tukwila, WA 98188
Kent, WA 98032
Telephone (206) .244-4200
Telephone (425) 251-6222
1/4 Sec.
1/4 Sec.
Sec.
Twp.
Rng.
Tax Lot
Date of Segregation
SW & NW
36
22
4E
362204--
No.. of Lots
Acreage
Water Source
Sewage Disposal
4
25.51
City of Auburn
City of Auburn
"I certify that the information furnished by me is true and correct to the best of my
knowledge
PROPERTY OWNER'S IGNATURE AGENT'S SIGNATURE
Do Not Write Below This Line.............................................
APPLICATION NO.: SPWy)- [ 009' FILING FEE: $400.00
DATE RECEIVED: ff- 12 4 &0 T.R. RECEIPT M .Z- olv 3 j
RECORDING FEES: AREA IS ZONED:
STAFF PROJECT COORDINATOR:
(*Please note that the fee for the cost of recording this short subdivision is the owner's
responsibility.)
CONCURRENCE DATE
Public Works Dept.
Fire Department
Planning Dept.
"a
CONDITIONS OF APPROVALIREASONS FOR DISAPPROVAL:
1. The current property owner recognizes the need to disclose to future property
owners the need to dedicate additional right of way for satisfying the City's half
street standards for Frontage Road as conditions of development.
2. Prior to requesting issuance of a building permit for development of the
properties created by SPL.00-0009, the property owners will:
® • Submit for City review and approval a design of the half street that conforms
to the City's design and construction standards, and
• Upon review and approval of the civil design for the Frontage Road half
c street improvements, construct the half street requirements or secure the
same in accordance with ACC 17.08.010 Improvement Methods prior to
requesting issuance of a building permit, and
CQ • Dedicate to the City the necessary additional ROW required for the half street
design approved by the City.
0
CQ
REQUIRED APPROVALS:
DEPARTMENT OF PUBLIC WORKS:
Examined and approved this day of 111L a-4- c--k , 20a Z.
CITY ENGINEER: U
DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT:
Examined and approved this (v d y of 0 wC-L , 20 0
PLANNING DIRECTOR:
KING COUNTY DEPARTMENT OF ASSESSMENTS:
Examined and approved this . day of 0- , 2040 -
ASSESSOR:
DEPUTYSSESSOR: (4~t~
Filed for record at the request of the City of Auburn, Department of Planning and
Community Development, 25 West Main Street, Auburn, Washington 98001
2
LEGAL DESCRIPTION
ORIGINAL PARCEL
r1
Lot 3, City of Auburn Lot Line Adjustment No. LLA 0014-95 as recorded under
c> Recording No. 9607110147, Records of King County, Washington, more particularly
c~ described as follows:
Grp
That portion of the William A. Cox Donation Land Claim in Section 36, Township 22 North, Range 4
G~8 East, W.M„ 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 7 in Section 36, Township 22 North, Range 4 East W.M.;
EXCEPT that portion conveyed to King County for South 285th Street by deed recorded under King
County Recording No. 859519;
AND EXCEPT that portion condemned in King County Superior Court Cause No. 650447 for primary
state Highway No. 5 (SR 167);
AND EXCEPT that portion conveyed to the state of Washington for highway purposes by deeds
recorded under King County Recording Nos. 6655596 and 6655597;
AND EXCEPT that portion conveyed to the state of Washington for Frontage Road by deed recorded
under King County Recording No. 7412310319;
Lying South of the following described line;
COMMENCING at the intersection of the South margin of 52nd Street Northwest (South 277th Street)
as conveyed by King County Recording Nos. 4714893 and 9106210863 with the West margin of said
Puget Sound Electric Railway right-of-way,
THENCE South 01 ° 14' 47" West, 1,305.00 feet along said West margin to the TRUE POINT OF
BEGINNING of herein described line;
THENCE North 880 45' 43" West, 1,152.79 feet more or less to the East margin of the Frontage Road
conveyed to the state of Washington under King County Recording No. 7412310319 and the terminus
of herein described line.
Situate in the City of Auburn, County of King, state of Washington.
LEGAL DESCRIPTION
NEW LOT 1
All that portion of Lot 3 of City of Auburn Lot Line Adjustment No. LLA 0014-95, as recorded under
Recording No. 9607110147, Records of King County, Washington, more particularly described as
t follows:
C~ BEGINNING at the Northeast comer of said Lot 3;
C7 THENCE South 01° 14' 17" West along the East line thereof, a distance of 649.57 feet;
THENCE North 67° 14' 14" West, 194.75 feet;
THENCE North 73° 01'04" West, 128.99 feet;
THENCE North 76° 21'47" West, 240.75 feet;
THENCE South 30° 05'05" West, 186.03 feet;
THENCE South 00° 44' 11" West, 237.70 feet;
THENCE North 89° 15'49" West, 446.17 feet to the East margin of the frontage road of SR-167;
THENCE along said East margin the following three courses;
ce THENCE North 08° 09'33" West, 62.40 feet;
THENCE North 18° 52' 16" West, 202.48 feet;
THENCE North 01° 21' 13" East, 644.27 feet to the North line of said Lot 3;
THENCE South 88° 45'43" East along said North line 1,152.79 feet to the POINT OF BEGINNING.
Project Name: Sequence Farms
November 8, 2000
January 24, 2001
RWG/ath/iss
47291.008
LEGAL DESCRIPTION
NEW LOT 2
All that portion of Lot 3 of City of Auburn Lot Line Adjustment No. LLA 0014-95, as recorded under
Recording No. 9607110147, Records of King County, Washington, more particularly described as
* follows:
C;7
C> COMMENCING at the Northeast corner of said Lot 3;
t- THENCE South 01" 14' 17" West along the East line thereof, a distance of 649.57 feet to the POINT OF
C> BEGINNING;
M THENCE CONTINUING South 01° 14' 17" West along said East line, a distance of 630.01 feet to the
Q0 North margin of South 285th Street;
CQ THENCE North 89° 15'49" West, 335.70 feet along the said North margin;
C.) THENCE North 00° 34' 11" East, 257.09 feet;
+D THENCE North 89° 15'49" West, 713.16 feet to the East margin of the frontage road of SR-167;
02 THENCE North 08° 09'33" West, 137.57 feet along said East margin;
THENCE South 89" 15'49" East, 446.17 feet;
THENCE North 00° 44' 11" East, 237.70 feet;
THENCE North 30° 05'05" East, 186.03 feet;
THENCE South 76° 21'47" East, 240.75 feet;
THENCE South 73° 01'04" East, 128.99 feet;
THENCE South 67° 14'14" East, 194.75 feet to the POINT OF BEGINNING.
Project Name: Sequence Farms
November 8, 2000
Revised June 22, 2001
RVR/ca/ath
47291.009
DECLARATION:
Know that all persons by these presents that we, the undersigned, owner(s) in
fee simple [and co~ltract purchaser(s)] of the land herein described do hereby make a
short subdivision thereof pursuant to RCW 58.17.060 and declare this short plat to be
the graphic representation of same, and that said short subdivision is made with the
free consent and in accordance with the desire of the owner(s) and that said short
subdivision shows the entire contiguous land in which there is any interest by reason of
C> ownership contract for purchase, earnest money agreement or option.
u~
IN WITH whereof we have set our hands and seals.
OWNEA"zh
OWNER
OWNER
OWNER
OWNER OWNER
STATE OF WASHINGTON )
) ss.
COUNTY OF ~)I NG
On this day personally appeared before me 61->N +E FAIN
to me known to be-the individual described in and who executed the within and
foregoing instrument,',and acknowledged that signed the same as
free and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under y
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Yd4ho:fie gial seal this -t) day of c-ll
or
seal ; U NO-»pRy
Notary Pu lic in d for the State of
PUBLIC
~4 ~1.+ ; Washington, residing at ):WT
I~Iy~.9,g_gQ
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OFW MN~
STATE OF WASHING
} ss.
COUNTY OF )
On this day personally appeared before me
to me known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that signed the same as
free and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of
,19
seal Notary Public in and for the State of
Washington, residing at
ASHRTPLT•APL
Rev. 10/26/98
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NOTES:
FUTURE PUMP STATION
1. BASIS OF MAP RECORD OF
TO BE RECORDED BY
SURVEY RECORDED UNDER
SEPARATE DOCUMENT
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RECORDING No. 91022089009.
PENDING FINALIZATION
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2. CONSERVATION ESMT. GRANTED
OF SETTLEMENT
AGREEMENT
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TO THE CITY OF AUBURN IN
.
ACCORDANCE WITH PROVISIONS Prepared By:
6
SHORT PLAT
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AGREEMENT ATTACHED HERETO.
821
5
72ND
OUTH
AVENU
PORTIONS OF THE SW 1/4 AND THE NW 1/4
KENT, WA 98032
(425)251-6222
OF SEC. 36, TWP. 22
N., RGE. 4 E., W.M.
(425)251-8782 FAX
WASHINGTON
,KING COUNTY
CIVIL ENGINEERING, LAND
PLANNING,
SURVEYING, ENVIRONMENTAL SERVICES
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