HomeMy WebLinkAbout20090327001457 CONSERVATION EASEMENT 032706. -2-
Return Address:
City of Auburn
1
11
11
11
1
1
1
11 I
11
il
City
r
~
Main
25 West
111
1
11111
11
111
111
111
11
1
lill 1
1 f
l
Auburn, WA 98001
2006032700 x
457
.
CHICAGO TITLE EAS 38.00
PAGE001 OF 007
03/27/2006 12:40
KING COUNTY, WA
200 t~313002 72
C GO
EA3 37.00
H
Gfi
OFT .
P
A
6
01
03/13/2006 15:54
KING COUNTY, WA
Above this line reserved for recording information.
CONSERVATION EASEMENT AGREEMENT
(for wetland and wetland buffer areas)
Reference # (if applicable): N/A Additional on page:
Grantor/Borrower: 1) Diamond J Investments LLC 2)
Additional on page:
Grantee/Assignee/Benelliciary: City of Auburn
Legal. DescriptioniSTR: SW 36 22N 04E Additional on page:
Assessor's Tax Parcel ID#: 936000-0025 I ~ r11 rtnn ~n TR I I~~n~ l~ y CO.
flet_~ S0
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this
27'1'` day of Et= I&CLv 1W:. , 20t? b, by and between Diamond J Investments 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 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 in conjunction with a recorded
easement, # * and burdened in perpetuity by this Agreement (the "Subject Property");
recorded on March 13, 2006, concurrently herewith
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 the
enhanced 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;
Conservation Easement Agreement
Page I of 6
CADocmnents and Settingslbradi.CLWLocal Seltings~TemporaryInternet Res`.OLK172106 Wetland Conservation 12-09-05.DOC
EXCISE TAX NOT REQUIRED
Rele Previous, Excise Alf. # ~
By Deputy
WHEREAS, GRANTOR has received consideration for granting this Conservation Easement, which
consideration has a long-term benefit to the GRANTOR, adjacent properties, and the GRANTOR'S
Subject Property; and
WHEREAS, GRANTOR acknowledged the important environmental value of the Conservation Easement
and agrees not to knowingly undertake any activity which will in any way be inconsistent with the
preservation and enhancement of the wetlands on the Wetland Property;
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.
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 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 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.
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 and to the Neff/Codiga ownership hereunder and those obligations
expressly undertaken by the CITY hereunder.
Conservation Easement Agreement
Page 2 of 6
CADocuments and Senings%radj.CL.M11 oW SettingsMinporary Internet Fi1es\0LK172\06 Wetland Conservation 12-09-05MOC
ENFORCEMENT. 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 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 in the sole
discretion of the CITY 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,
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 way connected with the Wetland
Property but only to the extent caused in whole or in part by the negligent acts or omissions of the
GRANTOR. 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 Agreement.
11. RECORDATION. GRANTEE 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
rcason 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.
GRANTOR: GRANTEE:
6- CITY OF AUBURN, a municipal corporation
By.
Name: _l'q / 1l. ~d~/72Se9e _ Name.
Conservation Easement Agreement
Page 3 of 6
C:lnomnents and Settings\bradj.CLM\Local Settings\Temporary Internet Fi1es\OLK172\06 WetlmW Conservation 12.09-05DOC
Title: 4Q'/ &.4 ge-, Title:
C9~'op
STATE OF W*9Mtle"N )
~tti4~(~amss.
COUNTY OF K4*6- 42
THIS IS TO CERTIFY that on this 2~q day of 20 06 before me, the undersigned, a
pu lic in and or the State of Washington, duly commissioned and sworn, personally appeared
I` ry
~^ad ~t°~-r K.~"o1'}•1 Sa~+-- , to me known to be the manager member that executed the foregoing
instrument 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.
IfMMlE (Print Name)
hOMW pt18l1C•OAEGON
60MMONON Na a Notary Publl Yne, for a tote of
residing at My
appointment expires:
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that -S is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Planning Director of THE CITY OF AUBURN to
be the free and voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated rP.,G 1'we P14 b7 e~*
&'Y' lit
Atr :ate Notary Public in And for the State oMaching on
U. c ~'aC'fl.~~, 7•. residing at B 4-1-PLY-0
My appointment expires
•70,29-4`y6, -
bvAS~1
Conservation Easement Agreement
Page 4 of 6
CADocumems and Seuingelbradj.CLM\Uca1 SettingsWemporary Internet Fiieslk=17210t3 Wettand Conservation 12.09-05.DOC
EXHIBIT A
LEGAL DESCRIPTION OF DIAMOND J PROPERTY
Tract S of White River Valley Home Tracts, according to plat recorded in Volume 13 of plats at
Page(s) 17, in King County, Washington.
Conservation Easement Agreement
Page S of 6
CADocumenis and $ettings\bmdj.CLM\1ova1 Settings\Tempormy Internet F&3 OLK172106 Wetland Conservation 12.09-05.DOC
MAD EXH6/T
aet ssrw,vr• ~o,t1o'
r~er 6 i 7
a
X t~f `
~ o f
rn I
t N ar a, L
f ~ .I t
E NA9 11N (oNu o of the
ath 14100 (wt of 14t S
t 7 23~ 14Sw l I
. JtI.OtY I
1R2g100'3S-e oda ~ a ~
N 61,00' w Owl
cewsi
Exhibit B
EXH lr. A
WE1tkNO -EA AMEN?
LEGAL OESCRIPnoNs
me swm t1S.•P a a ra mT o0.Ot1 rrer Or roc Lw t2a t
PLAT Timar Ricomw o t yowiC ti Or PLAn PACE ir. W ow
Otl Yy. 90.5II4=L .
•
f~
■1011Uf1r~.
Conservation Easement Agreement •
Page 6 of 6
Mocumenns and Settingslbradj.CLKLocal Settingslremporary Internet FileslOLK) 72!06 Wc4and Conservation 12-09.05.DOC
Z1 4k
STATE OF WASHINGTON)
County of King )
fi The Director of Records & Elections, King County, State of
`,oWashington and exoffcio Recorder of Deeds and other
1; -instruments, do her et,y certify the foregoing copy has been
compared with the. original instrument as the same appears
on tilt and of rer,ord in the otlice, and that the same is a true
'and pcrtect trviscnpt of said original anri of tnt wh„tr thereot
•1~ . Witness ~d-ffi~al seal rltr _day
Director of Records & Etzctton.
Deourv
e