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Home My WebLink About20050324000887 CONSERVATION EASEMENT 032405Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 PACIFIC NW TIT AG PAGIE001 OF 009 03/Z4/2005 11:28 KING COUNTY, WA 4000887 27. N Above this line reserved for recording information. CONSERVATION EASEMENT AGREEMENT f GRA04-0018 Reference # (if applicable): N/A Grantor/Borrower: Auburn Properties, Inc Grantee/Assignee/Beneficiary: City of Auburn N S Legal Description/STR: W '/z 31-22N-05E Ci o `I , ti J Assessor's Tax Parcel ID#: 936060-0323 & 936060-0320 THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this 2nd day of March , 2005, by and between Auburn Properties, Inc., 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 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; Said doci m"s) wens fad far record by Pacific Northwest Tide as Conservation Easement Agreement on only. it has ,10t been examined as to proper execution or Page 1 of 8 as to Its affect upon title. 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: 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. 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. Conservation Easement Agreement Page 2 of 8 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 WETLA14D 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 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. 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 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. Conservation Easement Agreement Page 3 of 8 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 any claim or pause 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 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. IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first written above. GRANTOR: AUBURN PROPERTIES, INC. By: ame: yes ev e 1( Title: y ► e-f- pfe'gtiev~t GRANTEE: CITY BURN a municipal corporation By. Nam~a,,1- Title(2( Conservation Easement Agreement Page 4 of 8 STATE OF WASHINGTON) ) ss COUNTY OF KING ) THIS IS TO CERTIFY that on this day of , 2005, before me, the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared , 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. Notary Public in and for the State of Washington Residing at My appointment expires: STATE OF WASHINGTON) ) ss County of King ) I certify that I know or have satisfactory evidence that P4A'J vf-A-CA 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 ~5 " ~-5 10 WAS0 Notary Public t and for the State of Washington Residing at P_ Kcc-- L7,96.c°~ My appointment expires / 6 -z-4' -D 7 Conservation Easement Agreement Page 5 of 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 4r Los Angeles County - 10 J MyComm. Expuea Jul 1 A, 2ot?8 1 On /~t4wl( ?Jj before me, ~`iA4(S ~ , /rl&X4:'1 t~G l/G° Date Namo nl 140 of r (e.g.. `Jane Doe. Notary uWic personally appeared `.ly Name(s) of Signer(s) ersonally known tome El proved to me on the basis of satisfactory evidence LINDA SASAK Commission yt t gg6~7q Notary Public - CaGlornia to be the person(s) whose nameW is/ace subscribed to the within instrument and acknowledged to me that he/sNeAhey executed the same in his/hie4the authorized capacity(i%), and that by his/heMheir signature(s) on the instrument the person(.6), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 81igneture of Nora Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document M Title or Type of Document: Wwn, Document Date: u - Number of Pages: Signer(s) Other Than Named Above: Capaeity(ies) Claimed by Signerr~ Signer's Name: 0knge- .L> O Individual top of thurno here) 0-Corporate Officer-Title(s): Cl Partner - C Limited ❑ General Cl Attorney-in-Fact O Trustee CI Guardian or Conservator Other: L Signer Is Representing:_ ~GfZ~S r r~.4 y 7 r C- ~/GG. 0 1999 National Notary Association - 9350 Do Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 - www.nationafnotary.org Prod. No. 5907 Reorder. Cad Ton-Froo 1.800.876-827 EXHIBIT "A" PARCEL F (TAX LOT 9360600323) THAT PORTION OF THE W.A. COX D.L.C., IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.; THENCE WEST ALONG THE NORTH LINE THERE OF 210.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG SAID NORTH LINE 210.0 FEET; THENCE SOUTH 839.74 FEET, MORE OR LESS, TO THE NORTH LINE OF SOUTH 280TH STREET AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBER 544796 AND 5869551, AT A POINT 420.31 FEET WEST FROM THE EAST LINE OF SAID COX D.L.C.; THENCE EAST ALONG SAID NORTH LINE 209.94 FEET; THENCE NORTH 839.0 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 414.56 FEET THEREOF; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET (52ND STREET NORTTEAST); (ALSO KNOWN AS A PORTION OF TRACT 41, WHITE RIVER VALLEY HOME TRACTS 2ND ADITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL G (TAX LOT 9360600320) THAT PORTION OF THE W.A. COX D.L.C., IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.; THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEET; THENCE SOUTH 839 FEET, MORE OR LESS, TO THE NORTH LINE OF SOUTH 28OP STREET AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551, AT A POINT 210.37 FEET WEST OF THE EAST LINE OF SAID D.L.C.; THENCE EAST ALONG SAID NORTH LINE 210.37 FEET TO THE EAST LINE OF SAID D.L.C.; THENCE EAST ALONG SAID NORTH LINE 210.37 FEET TO THE EAST LINE OF SAID D.L.C.; THENCE NORTHERY ALONG SAID EAST LINE 838.2 FEET TO THE POINT OF BEGINNING; EXCEPT THE SOUTH 414.56 FEET THEREOF; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET (52ND STREET NORTHEAST); (ALSO KNOWN AS A PORTION OF TRACT 41, WHITE RIVER VALLEY HOME TRACTS 2ND ADITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). Conservation Easement Agreement Page 6 of 8 EXHIBIT "B" EASEMENT THROUGH PORTIONS OF PARCEL'S F AND G THAT PORTION OF THE W.A. COX D.L.C., IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.; THENCE SOUTH 01048'18" WEST ALONG THE EAST LINE OF SAID D.L.C. A DISTANCE OF 423.61 FEET; THENCE NORTH 88°49'50" WEST ALONG A LINE PARALLEL WITH AND 414.56 FEET NORTHERLY OF THE NORTH LINE OF SOUTH 280"" STREET AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBER 544796 AND 5869551, A DISTANCE OF 194.44 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°49'50" WEST A DISTANCE 225.76 FEET; THENCE NORTH 01 048'49" EAST A DISTANCE OF 40.89 FEET; THENCE NORTH 62057'47" EAST A DISTANCE OF 43.52 FEET; THENCE SOUTH 73°20' 15" EAST A DISTANCE OF 46.79 FEET; THENCE NORTH 69055'35" EAST A DISTANCE OF 60.85FEET; THENCE SOUTH 32011'30" EAST A DISTANCE OF 54.28 FEET; THENCE SOUTH 73°50'46" EAST A DISTANCE OF 61.68 FEET; THENCE SOUTH 24°59' 12" WEST A DISTANCE OF 10.62 FEET TO THE TRUE POINT OF BEGINNING. Conservation Easement Agreement Page 7 of 8 EXHIBIT 'C' S 277TH STREET PARCEL F TAX LOT W 9360600323 Z t5 I ui t V N.E. COR. W.A. COX D.L.C FND "X" IN TOP OF PIPE, VISITED 06/19/02 PARCEL G TAX LOT 9360600320 50' BUFFER I ` WETLAND I / TAX LOT 9360600325 II i co ri - N ~ d w 14- Co N 3 194.44' N88'49'50"W OD -T.P.O.B. ca o (n S.E. COR. W.A. COX D.L.C. 04 FND CONC. FILLED 2 1 2" N PIPE W/TACK & TAG LS #17659, VISITED 06/24/02 LINE TAB LE LINE LENGTH BEARING L1 225.76' N88'49'50"W L2 40.89' N01'48'49"E L3 43.52' N62'57'47"E L4 46.79' S73"20'1 5"E L5 60.65' N69'55'35"E L6 54.28' S32'1 1'30-E L7 61.68' S73'50'46"E LB 10.62' S24'59'1 2"W 0 50' 100' 200' EXHIBIT 'C' 00' WETLAND CONSERVATION EASEMENT Conservation Easement Agreement Page 8 of 8