Loading...
HomeMy WebLinkAbout9607110146 CONSERVATION EASEMENT 0711963(-Z2.4 3_ r 3, d, Aecorded at the request of. J €3 CONSERVATION EASEMENT FOR BENEFIT OF THE CITE' OF AUBURN HIS CONSERVATION EASEMENT is made and entered into this w day o 1896, by and between SEQUENCE 279, a Washington general ° partnership, hereinafter referred to as "GRANTOR" and the CITY OF AUBURN, 9 municipal corporation. organized under Title 35A RCW, hereinafter referred to as the "CITY." WHEREAS, the GRANTOR is owner in fee simple of certain real property 4 t~ located in the City of Auburn, King County, Washington, legally described on Exhibit I attached hereto and incorporated herein by reference (the "Subject 0 q' Property"), which property is intended to be subject to this Agreement and C~ H burdened in perpetuity by this Agreement; a~# WHEREAS, GRANTOR or representative of GRANTOR executing this document has the authority to burden the property described above; WHEREAS, it is mutually agreed to be for the benefit of public health, safety and welfare that this Conservation Easement be entered into to preserve quality of wetlands; H a W WHEREAS, it is mutually agreed that preservation of the quality of wetlands ,o is essential to maintaining a quality enTixonment, that maintenance of the quality N Conservation Easement - 1 RbGaRp 1~. luRpt1GE GQ' VANS~p a a N F H of wetlands is essential to maintaining quality water resources, that maintenance of wetlands is essential to the preservation of wildlife, and that preservation of wetlands is in conformity with the 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 real property; and WHEREAS, GRANTOR acknowledges the important environmental value of this Conservation Easement and agrees not to undertake any activity which will in any way be inconsistent with the preservation of the wetland or the quality of the wetland; NOW, THEREFORE, in consideration of'the mutual benefits to be derived, the parties hereby agree as follows: 1. AUTHORITY TO BURDEN SUBJECT PRPE_ C9 GRANTOR is the owner in fee simple of the Subject Property referred to R~p above and has full power and authority to burden the Subject Property in perpetuity with this Conservation Easement. 2. GRANT OF EASEMENT IN PERMUITY GRANTOR hereby grants the Conservation Easement set forth herein to the CITY in perpetuity and covenants that the easement shall run with the land legally deemed in Exhibit 1. The easement shall burden the Subject Property and benefit the CITY and its property. Conservation Easement - 2 3. HEIRS. SUCCESSORS AND ASSIGNS: This Conservation Easement shall be binding on the officers, directors, shareholders, members, partners, employees, agents, personal representatives, successors and assigns of the parties. 4. SCOPE OF EASEMENT: The Conservation Easement granted hereunder shall allow GRANTEE to enter upon the Subject property for the purposes of monitoring, maintaining, preserving and enhancing the wetland area legally described on Exhibit 2 attached hereto and incorporated herein by reference (the "Wetland Property"). 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 C1 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 O? 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 of storm drainage area or corridor to the Wetland Property. 6. DES OF THE 0 In consideration of the grant of easement, the CITY agrees to monitor, maintain, preserve and protect the Wetland Property and its wetland value at the s Conservation Easement - 3 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 prescribed herein. 6. PROHIBITED USES OF WETLAED- MOPER'I<Y: 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 Conservation Easeaaneat. 7_ RESERVED I~ GIM: The GRANTOR reserves to itself all right, title, interest and obligations C N C:J 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. I 8. ENFORCEMENT: In the event the CITY determines that GRANTOR is in violation of the terms of this Conservation Easement, and 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 the enforcement action in addition to any other remedy or relief obtained. CITY, at its option, may take action to preserve and protect the Wetland Property or its wetland fundibn, wUr first giving GRANTOR written notice, to protect the wetland, and, in such case, the expenses incurred by the CITY shaall be recoverable from GRANTOR if GRANTOR. Conservation Easement - 4 is found to be in violation of this Conservation Easement. All am unto ordered to be paid by GRANTOR shall become alien against the Subject Property and such lien or liens may be foreclosed by the CITY as permitted by law. g, NON W R BREACH: No omission or failure by the CITY to exercise or enforce any of its rights under this Conservation Basement 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 entbrcement 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 itsi remedies.. Cp 10. C'-O•STS .ANA LMB III, TIES: GRANTOR retains all responsibilities and will bear all costs and liabilities of 1"'t V any kind related to or incidental to the ownership of the Wetland Property and to agrees to pay all assessments and taxation against said property assessed by any governmental authority as they become due. In the event the GRANTOR, flails to timely pay any taxes or assessments, including but not limited to, real estata taxes when due, such amounts shall become a lien against the Subject Property, and the Wetland Property and such lien or liens may be foreclosed as permitted by law. 11, MOLD HARMLESS AND INDEM OCATION~ GRANTOR agrees to hold harmless and indemnify and defend the CITY, its officials, members, employees and agents from all liabilities, penalties, costs, losses, Conservation Basement - 5 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 harm] eeg and defend the CITY from and against any liability, costs, losses, damages, expenses (including a reasonable attorney's fees), causes of action, claims, demands or judgments arising from or relating to any third party claim which cNillenps GRANTOR'S right to execute and deliver this Conservation Easement. :G 12. RECORDATION: d' GRANTOR agrees to incorporate the terms of this Conservation Easement in any deed, lease or other agreement which divests GRANTOR of any interest in any CAD portion of the Subject Property. GRANTOR shall record this Conservation Easement immediately in the Office of the King County Department of Records and Elections. 13. QONSTRU TION: This Conservation Easement shall be liberally construed to effect the purpose and intent hereof. 14. SEVEF ILITY: If any provision of this Conservation Easement is ruled invalid or i Conservation Easement - 6 F J unenforceable for any reason by a court of competent jurisdiction, the remaining provisions hereof shall remain in force and etfact. CITY OF AUBURN ("CITY") clor-les. 9(Charles A. Booth, Mayor Attest: J Robin Wohlhuster City Clerk. A rCOVed:s Lo oral: Michael J.1teynoWs City Attorney 8FQ CE 279, a Washington general partn, hip C-GRMTOR") wl B ce .804 0 STATE OF WASHINGTON ) W ) se. M COUNTY OF KUNG ) On this _day of 19 before me, the undersigned, a Notary Public in and for the Sta of Washington, duly commissioned and sworn, personally appeared Charles A. Booth and Robin Wohlhueter, to me known to be the Mayor and City Clerk of the City of Auburn, respectively,,the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to wwate the mid instrument on behalf of said corporation. Conservation Easement - 7 . T 1'f C~ CD WITNESS hand and official seal, hereto axed the day and year first above writ MIO'Alpti► ,,rte a Print Name: t!m A. NOTARY PUBLTP in and for the St. of WA Residing at ar..._...~c11►4_r►~'~ Commission expires .1STATE OF WASHINGTON ) ea COUNTY OF KING ) On this day of 192 ' , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Bruce W. Solly, to bie known to be the Manager of the general partnership that executed the foregoing instrument, and acknowledged the said* instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of said partnership. WITNESS my hand and official seal hereto affixed the day and year first above written. _ Prfnt Name: NOTARY Pi Residing at: Commission Conservation Easement - 8 IC in and for the St. of 44 ires• i1- 9-9~ EXHIBIT 1 Parcel A: 3cvernmtnt Lot 4 in Sec to 36, 7ownsiiia 22 (North, flange 4 East, W.M.: E.XCEF'Y ;:iat portion conveyed to King Counre for South 277th Straat by deed -aeorded under Kin= Caumy Recording Nc. 4714893: anc wCG:P'trim portion condemned in King County Superior Court Cause No. 550447 !or Primer: State Higriway No. 5 (SP 167;: And EXCEFr- that portion conveyed to the State of Washtngton for highway avrposes by dieeds recorded under King County Recording Nos. 6638898 and e@95397: Acid 5XCE.07 treat portion conveyed to the State of Washington for frontage road 'by deed under KC ng County Recording No. 74 1,2310319: . tz r~ A^t: EXCEPT that portion *,MerW conveyed to tre City of Auburn for 62nd Street Nor nwsst i5cv,~ 7.1 277th Street! *y Geed *etowel under King aunty Recording No. 9105210883; w V' EXHIBIT 2 Said eexem»nt :i* ng deacaoed as foilows: COMMEfvCiNG at the Norttleast =ftf of ate aibm-desetlt~t FarcEZ A (Exhibit T'494CE Srn:th 01' 14' 17' West song the Earat ~m of Sm ParW A. 336.21 feet to the TWA Pow OE E-G)Nf+NfNG for this easement diescrfFtPom. THENCE Sact-h 84. 59' 42' Wast 120.35 Beet: ?HIENCE South 89' 19' 53" Wand 369.07 feel: THENCE Sou.n 32' 11 ' 7,8" West 307.65 feet; HENCE South 78' Z3' 00" West al. 713 feet; THENCE Soutr. 74. 20' 05- West 82.37 feet: THENCE 5autn 58' 23' 31 " '04est 56.89 feat: THENCE ScUTP 25 " 1t 1' 29' Wes: 43.08 feet: 'HENCE South CC' 54' 40" East W-60 fet;; "FENCE Sours) 10. 10' +48" Ear 5C. 95 feet: "HENCE Scum. 51' 45. 53" cast 173.36 feet; T:-tENCE Sauttl 85' 5C' 04" Sas: 223.53 fe%; ?'nENCE SCUM 81' Z7 :6' East 116.48 met; TµENCE 5om 86' 50' 12' Ear 135.80 feer; . T4ENCE SCVtrt 41' M 57" 'Nest 125.76 feet: 7HEINCE Norm 49' S9' 43' as' 146.95 Bert; spy 7HENCc' ~Ncrth 74' 02' 34" rarer 291, 58 feet to the Eger line of Parcel A; 4ENCE North C" • 14' 1 7' Est among saia East line 399.55 fem to Uft P NNT OF SMIUMWG t~ ~3 STATE OF WASHINGTON) .3unty of King ) The Director of Records & Elections, King Co=unigv, State of Washington and exofficio Recorder of Deeds and other instruments, do hereby certify the foregoing copy has beast compared with the original. instrument as the same appears on file and of record in the office, and that the same is a true astir perfect transcript of said original and of the whole thereof, Witness my hand and official seal this -day of J 19 IL. Director ecords & Ez4le~~ By r'z. -a -I/- Deputy J .t. b Recorded at the request of: J ©y O CONSERVATION EASEMENT FOR BENEFIT OF THE CITY OF AUBURN IS CONSERVATION EASEMENT is made and entered into this 61 day o4:: 1996, y and between SEQUENCE 279, a Washington general partnership, hereinafter referred to 'as "GRANTOR" and the CITY OF AUBURN, a municipal corporation organized under Title 35A RCW, hereinafter referred to as i the "CITY." O ' O 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 1 attached hereto and incorporated herein by reference (the "Subject CQ Property"), which property is intended to be subject to this Agreement and O burdened in perpetuity by this Agreement; V4 WHEREAS, GRANTOR or representative of GRANTOR executing this C~ document has the authority to burden the property described above; WHEREAS, it is mutually agreed to be for the benefit of public health, safety and welfare that this Conservation Easement be entered into to preserve quality of wetlands; WHEREAS, it is mutually agreed that preservation of the quality of wetlands is essential to maintaining a quality environment, that maintenance of the Oquality Conservation Easement - 1 ORO P~ ~N ~RPNCE CO. ~ D Oik Nl N J\JV~ INS 1\oA9,P"~10 of wetlands is essential to maintaining quality water resources, that maintenance of wetlands is essential to the preservation of wildlife, and that preservation of wetlands is in conformity with the 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 real property; and WHEREAS, GRANTOR acknowledges the important environmental value of this Conservation Easement and agrees not to widertake any activity which will in any way be inconsistent with the preservation of the wetland or the quality of the wetland; 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 9I 94 perpetuity with this Conservation Easement. 2. GRANT OF EASEMENT IN PERPETUITY: GRANTOR hereby grants the Conservation Easement set forth herein to the CITY in perpetuity and covenants that the easement shall run with the land legally described in Exhibit 1. The easement shall burden the Subject Property and benefit the CITY and its property. Conservation Easement - 2 3. HEIRS. SUCCESSORS AND ASSIGNS: This Conservation Easement shall be binding on the officers, directors, shareholders, members, partners, employees, agents, personal representatives, successors and assigns of the parties. 4. SCOPE OF EASEMENT: The Conservation Easement granted hereunder shall allow GRANTEE to enter upon the Subject Property for the purposes of monitoring, maintaining, preserving and enhancing the wetland area legally described on Exhibit 2 attached hereto and incorporated herein by reference (the "Wetland Property"). 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 CD 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 C "4 Wetland Property. No activity of any kind may take place within the Wetland 94 N 0 Property without the prior approval by the City of Auburn Director of Planning and C0 7) 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 of storm drainage area or corridor to the Wetland Property. 5. DUTIES OF THE CITY: In consideration of the grant of easement, the CITY agrees to monitor, maintain, preserve and protect the Wetland Property and its wetland value at the Conservation Easement - 3 CITY'S sole expense. 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 prescribed herein. 6. 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 CITY'S Wetland Mitigation Plan, or the purpose, scope or intent of this Conservation Easement. 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 W, rights and interests expressly conveyed to the CITY hereunder and those obligations 94 expressly undertaken by the CITY hereunder. G W4 S. ENFORCEMENT: V4 Q In the event the CITY determines that GRANTOR is in violation of the terms of this Conservation Easement, and 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 the enforcement action in addition to any other remedy or relief obtained. 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 expenses incurred by the CITY shall be recoverable from GRANTOR if GRANTOR Conservation Easement - 4 is found to be in violation of this Conservation Easement. All amounts ordered to be paid by GRANTOR shall become alien against the Subject Property and such lien or liens may be foreclosed by the CITY as permitted by law. 9. NON WAIVER OF BREACH: No omission or failure by the CITY to exercise or enforce any of its rights under this Conservation Easement 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. GG 10. COSTS AND LIABILITIES: GRANTOR retains all responsibilities and will bear all costs and liabilities of C~ M Vq any kind related to or incidental to the ownership of the Wetland Property and tD agrees to pay all assessments and taxation against said property assessed by any M governmental authority as they become due. In the event the GRANTOR fails to timely pay any taxes or assessments, including but not limited to, real estate taxes when due, such amounts shall become alien against the Subject Property, and the Wetland Property and such lien or liens may be foreclosed as permitted by law. 11. 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, Conservation Easement - 5 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 liability, costs, losses, damages, expenses (including reasonable attorney's fees), causes of action, claims, demands or judgments arising from or relating to any third party claim which challenges GRANTOR'S right to execute and deliver this Conservation Easement. Cp 12. RECORDATION: GRANTOR agrees to incorporate the terms of this Conservation Easement in H N any deed, lease or other agreement which divests GRANTOR of any interest in any © portion of the Subject Property. GRANTOR shall record this Conservation W 0) Easement immediately in the Office of the King County Department of Records and Elections. 13. CONSTRUCTION: This Conservation Easement shall be liberally construed to effect the purpose and intent hereof. 14. SEVERABILITY: If any provision of this Conservation: Easement is ruled invalid or Conservation Easement - 6 unenforceable for any reason by a court of competent jurisdiction, the remaining provisions hereof shall remain in force and effect. CITY OF AUBURN ("CITY") a~leg.Doc, Charles A. Booth, Mayor Attest: Robin Wohlhueter City Clerk A roved~ to orm: h -Michael J."ReynoWs City Attorney CE 279, a Washington general ip ('-'GRANTOR"), n C1a t!' .~1 0 N C CC By STATE. OF WASHINGTON ) ) ss. COUNTY OF KING ) . Solly, On this __K~Iday of 2!tLL--, 19 before me, the undersigned, a Notary Public in and for the Sta a of Washington, duly commissioned and sworn, personally appeared Charles A. Booth and Robin Wohlhueter, to me known to be the Mayor and City Clerk of the City of Auburn, respectively, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument on behalf of said corporation. Conservation Easement - 7 WITNESS mx hand and official seal:hereto affixed the day and year first above writtka. A. B R Print Name: !_/Trn_d1A- -A NOTARY PUBLIC in and for the St. of WA s ~auc ~ ~Residing at: ,evn. QR •4''~,~1a~~'% Commission expires: /d - - WASN ` tuuur+` STATE OF WASHINGTON` ) ss. COUNTY OF KING ) On this = day of r , 10Z, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Bruce W. Solly, to me known to be the Manager of the general partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of said partnership. WITNESS my hand and official seal -hereto affixed the day and year first above written. W "4 t3P-mac?, Q rant Name: ,;,~1 lJ'1cs?, ~ NOTARY PUBIC in and for the St. of WA 9 Residing at: 4,4ur•4) p Commission expires: G1~ Conservation Easement - 8 EXHIBIT 1 W t!" rl Q Parcel A; Government Lot 4 in Section 36, Township 22 North, Range 4 East, W.M.; EXCEPT that aortion conveyed to King County for South 277th Street by deed recorded under King County Recording No. 4714893; and EXCEPT that portion condemned in King County Superior Court Cause No. 550447 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. 5855.998 and 81555597; And EXCEPT that portion conveyed to the State of Washington for frontage road by deed under King County Recording No. 7412310319; And EXCEPT that portion thereof conveyed to the City of Auburn for 52nd Street Northwest (South 277th Street) by deed recorded under King County Recording No. 9106210883; r EXHIBIT 2 Said easement being desenbed as follows: COMMENCING at the Northeast corner of the above-described . Parcel A (Exhibit 1); THENCE South 01' 14.' 17" West along the Eaat line of said ft eel A. 336.21 feet to the TAUS POINT OF BEGINNING for this easement description; THENCE South 84' 59' 42" West 120.35 feet: THENCE South 89` 18' 53" West 369.07 feet: THENCE South 82" 1 1 ' 28" West 307.65 feet; THENCE South 76° 23' 00" West 81.78 feet: THENCE South 74' 20' 05' West 82.37 feet; THENCE South 56' 23' 31" West 56.89 feet; THENCE South 25' 41' 29" West 43.08 feet: THENCE South 00' 54' 4C" East 80.60 feet; THENCE South 10' 10' 48" East 50.95 feet; THENCE South 51' 45' 53" East 173.58 feet; THENCE South 85' 50' 04" East 223.53 feet; THENCE South 81' 37' 25" East 116.48 feet; ' " THENCE South 86' East 135.60 feet; 12 50 THENCE South 01' 25' 57" West 125.76 feet; THENCE North 49' 59' 43" East 146.95 feat; THENCE North 74. 02' 34" East 291.58 feet to the East line of above-described parcel A; THENCE North 01 ' 14' 17" East along said East line 398.55 feet to the POINT OF BEGINNING EXHIBIT 2 Said esaement beirT .alescribas! as follows: COMMENCING at the Northeasz corner 'of the,etYe. THENCE South 01 11 14' 17" West al the Paroei `A (Exhibit 2) ; . OF BEGINNING for this e$serrrem deacrip a EM 0m,01 SWd PateelA. 336.21 feel to the TRUE p0jNT THENCE South 840 59' 42" West 120.35 IMM THENCE South 89' 18' 53" West 369,07 feet; THENCE South 82" 11. 28" West 307.85 feet; THENCE South 78' 23' 00" west 81.78 -feet; THENCE South 74' 20' 05" West 82.37 test; THENCE South 56' 23' 31 " West 56.89 feet; THENCE South 25' 41 ' 29" West 43.08 fee THENCE South coo 54' 40" East 80.90 fees; THENCE South 10' 70' 48" East 60.95 feet; THENCE South 510 45' 53" last 173.58 feet; THENCE South 85' 50' 04" East 223.53 feet; THENCE South 81.37' 25" East 116.48 feet; THENCE South 86" 50' 12" East 135.60 feet; THENCE South 01' 25' 57" West 125.76 feet; :O THENCE North 49' 59' 43" Esst 146.95 fast; ,R4- THENCE North 74' 02' 34" East :291.58 feet to The East iirne of 0#4 THENCE North 01. 14' 17" East along -said fast One 398.56 feet 20 ON 'POINT OF Pmvel A; BEGINNING C? La f. THE ANDOVER COMPANY, INC. CORPORATE REAL ESTATE July 26, 1996 JUL z 9 1996 CITY OE AUBURN CITY Ctms orr CE Ms. Robin Wohihueter City Clerk City of Auburn 25 W. Main Auburn, WA 980014998 Dear Robin: Enclosed is the recorded originals of our Conservation Easement between Sequence 279 and the City of Auburn. Thank you for your earlier assistance. Best Regards, THE ANDOVER COMPANY, INC. 4uZ7)A'1f1 Ernest N. Patty Enclosure cc: Jeff Dixon Planning Department 415 Baker Boulevard, Suite 200. Tukwila, Washington 98188 Phone (206) 244-0770 rAX (206) 246-9229