HomeMy WebLinkAbout20080324000886 CONSERVATION EASEMENT 0324051~ - 3 _ r - 2.---
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
200 324 111111 willill 1111 886
PACIFIC NW TIT AG 28.00
PAGE081 OF 010
03/24/2095 11:2a
KING COUNTY, WA
Above this line reserved for recording information.
CONSERVATION EASEMENT AGREEMENT IU lad
GRA04-0018
Reference # (if applicable): N/A
Grantor/Borrower: Auburn Properties, Inc
Grantee/Assignee/Beneficiary: City of Auburn N S
Legal Description/STR: W V23 1-22N-05E 10--! 12a9~
Assessor's Tax Parcel ID#: 936060-0270 & 936060-0305
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 pubWalth s s1twy~a>nffldedwelfare;
e Or
record by Pacific Northwest 71le as
-xca nmadation only, it ha
Conservation Easement Agreement 'ixamined as to Proper exeeuoonor
Page I of 9 as to its affect upon titte.
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 9
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 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 9
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 cause 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:
GRANTEE:
CITY O UB , a municipal corporation
By:
Namea-ti,
Title<~ n ~vhi5~r~e:~ a~-
Conservation Easement Agreement
Page 4 of 9
Title: V te.e.r .'t
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 / 3j' G~ GC J~ 5
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
G~Pp SYN~~'~~~III
"sue
' '~~FG
Notary Public Wand for the State of Washington
°2.07 per.- Residing at
My appointment expires fD -.Z f- 7
Conservation Easement Agreement
Page 5 of 9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On i Y `Yl%~S before me,
Date Name and Tills of Oflicar (e.g.•'Jane Doe, Notag06blic')
personally appeared ,
Name((s))~-of Signer(s)
ep,,ersonally known to me
❑ proved to me on the basis of satisfactory
evidence
LINDA SASAKI
_ Commission # 14955119
OMy Nc - ,lifoinia
Los Angeles County
Comm. Expires Jul 14, 20Q6
to be the person(s) whose namefs) is/afe
subscribed to the within instrument and
acknowledged to me that he/shelthey executed
the same in his/N&A e r authorized
capacity4"), and that by his/her/th'eir
signatures} on the instrument the person(e), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signa ure of Notary 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
Title or Type of Document:
Document Date: %e2Upt _--1, Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: WICIRWig"
1=1,Jndividual lop of thumb hor~f
4Pf' Corporate Officer - Title(s):
❑ Partner - ❑ Limited General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
C] Other:
Signer Is Representing:
0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2492 - www.nationalrotary.arg P*C. No. 5907 Reorder: Call Toll-Frea 1.650.676.6627
EXHIBIT "A"
PARCEL A (TAX LOT 9360600305)
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND. HIS WIFE
ELIABETH COX, DESIGNATED AS A CLAIM NO. 38, BEING A PART OF SECTION 31, TOWNSHIP
22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON,
DESRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM; THENCE
SOUTH 1° 53'45" WEST 898.20 FEET TO THE SOUTH LINE OF SOUTH 280TIl STREET AS
ESTABLISHED BY DEED TO KING COUNTY RECORDED UNDER RECORDING NUMBER 5869551
AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 1° 53'45" WEST 859.86 FEET;
THENCE SOUTH 56° 01' 19" WEST 203.43 FEET;
THENCE NORTH 89° 17' 18" WEST 485.03 FEET;
THENCE NORTH 10 53' 45" EAST 285.80 FEET;
THENCE NORTH 89° 47' 15" WEST 350.00 FEET
THENCE NORTH 1° 53'45" EAST 166.01 FEET TO A POINT WHICH IS 1,000 FEET WEST OF; AS
MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF SAID DONATION LAND CLAIM:
THENCE NORTH 880 06' 15" WEST TO THE EAST MARGIN OF KENT-AUBURN ROAD, 86TH
AVENUE SOUTH, AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER
RECORDING NUMBERS 761006 AND 761007;
THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE NORTHWEST CORNER OF THAT
PORTION OF 49TH STREET NORTHEAST. AS VACATED UNDER ORDINANCE NUMBER 2627 IN
THE CITY IF AUBURN, ALSO RECORDED UNDER RECORDING NUMBER 730 1 1 203 84;
THENCE SOUTH 89° 08' 15" EAST, 1005.22 FEET;
THENCE SOUTH 1° 53'45" WEST 10 FEET;
THENCE SOUTH 89° 08' 15" EAST TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM NO. 38;
THENCE NORTH 880 55' WEST 420.15 FEET;
THENCE SOUTH 1° 53' 45" WEST 1229.725 FEET
THENCE NORTH 87° 24'27" WEST 579.90 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 870 24' 27' WEST 42.4 FEET;
THENCE SOUTH 1053'45" WEST 117.60 FEET;
THENCE NORTH 880 06' 15" WEST TO THE EAST MARGIN OF KENT-AURBURN ROAD, 86TH
AVENUE SOUTH, AS ESTABLISHED BY DEED TO KING COUNTY RECORDED UNDER
RECORDING NUMBER 761007; .
THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO THE NORTHWEST CORNER OF
THAT PORTION OF 49TH STRRET NORTHEAST AS VACATED UNDER ORDINANCE NUMBER
2627 IN THE CITY OF AUBURN AND ALSO RECORDED UNDER RECORDING NUMBER
7301120384;
THENCE SOUTH 89° 08' 15" EAST ALONG THE NORTHERLY LINE OF SAID VATED PORTION OF
49TH STREET NORTHEAST TO A POINT NORTH 10 53'45" EAST FROM THE TRUE POINT OF
BEGINNING;
Conservation Easement Agreement
Page 6 of 9
'THENCE SOUTH 1° 53'45" WESTTO THE TRUE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF VACATED "D" STREET NORTHEAST (80' AVENUE
SOUTH) AS VACATED BY ORDINANCE NUMBER 2626, AS WOULD ATTACH BY OPERATION OF
LAW;
TOGETHER WITH THOSE PORTIONS OF VACATED 49TIl STREET NOR'T'HEAST (SOUTH 280TH
STREET) ADJOINING AS VACATED BY AUBURN ORDINANCES 2627, 3594, & 3614, RECORDED
UNDER RECORDING NUMBERS 7301120384, 8102090641 & 8104220744, RESPECTIVELY, AS
WOULD ATTACH BY OPERATION OF LAW;
(ALSO KNOWN AS PORTIONS OF TRACTS 34, 35, 36, 37, 38, AND 39, TOGETHER WITH
VACATED STREETS ADJOINING, WHITE RIVER VALLEY HOME TRACTS 2a' ADITION,
ACCORDING TO THE UNRECORED PLAT THEREOF).
PARCEL 3 (TAX LOT 9360600270)
PARCEL 1, CITY OF AUBURN SHORT PLAT NUMBER SP-29-79, RECORED UNDER RECORDING
NUMBER 7912120806, SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF THE W.A.
COX DONATION LAND CLAIM NO. 38, IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE. MERIDIAN, IN KING COUNTY, WASHINGTON;
TOGETHER WITH THAT PORTION OF VACATED "D" STREET NORTHEAST ADJOINING, AS
WOULD ATTACH BY OPERATION OF LAW:
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER PARCEL 2 OF
SAID SHORT PLAT, AS ESTABLISHED BY INSTRUMENT RECORDED UNDER RECORDING
NUMBER 7909281042.
PARCEL K (TAX LOT 9360600270)
THAT PORTION OF PARCEL 2, CITY OF AUBURN SHORT PLAT NUMBER SP-29-79, RECORDED
UNDER RECORDING NUMBER 7912120806, LYING WEST OF THE SOUTHERLY PRODUCTION
OF THE EAST LINE OF PARCEL I OF SAID SHORT PLAT;
ALSO
THE WEST 427.03 FEET OF "THAT PORTION OF PARCEL 2 OF SAID SHORT PLAT LYING EAST
OF THE SOUTHERLY PRODUCTION OF THE EAST LINE PARCEL I OF SAID SHORT PLAT;
SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF THE W.A. COX DONATION LAND
CLAIM NO. 38, IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE
MERIDIAN, IN KING COUNTY, WASHINGTON.
Conservation Easement Agreement
Page 7 of 9
EXHIBIT "B"
EASEMENT THROUGH PORTIONS OF PARCEL'S A, J, AND K
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 01°48' 18" WEST ALONG THE EAST LINE OF SAID D.L.C. A DISTANCE OF
1544.45 FEET;
THENCE WEST A DISTANCE OF 825.15 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 56°31'41" EAST A DISTANCE OF 82.59 FEET;
THENCE SOUTH 17022'25" WEST A DISTANCE OF 84.71 FEET;
THENCE SOUTH 51 °46'36" WEST A DISTANCE OF 50.77 FEET;
THENCE SOUTH 0503I'54"WEST A DISTANCE OF 20.75 FEET;
THENCE SOUTH 01 058'55" EAST A DISTANCE OF 58.15 FEET;
THENCE SOUTH 23°57'31" EAST A DISTANCE OF 84.39 FEET;
THENCE NORTH 85°50' 16" WEST A DISTANCE OF 80.82 FEET;
THENCE SOUTH 67034'54" WEST A DISTANCE OF 86.43 FEET;
THENCE NORTH 31 °40'42" WEST A DISTANCE OF 77.70 FEET;
THENCE NORTH 09027'46" WEST A DISTANCE OF 80.49 FEET;
"THENCE NORTH 10000'54" EAST A DISTANCE OF 56.16 FEET;
THENCE NORTH 31°38'45" EAST A DISTANCE OF 72.38 FEET;
THENCE NORTH 47°02'22" EAST A DISTANCE OF 40.55 FEET;
THENCE NORTH 49007'10" EAST A DISTANCE OF 37.73 FEET;
THENCE NORTH 51016'19" EAST A DISTANCE OF 39.41 FEET;
THENCE NORTH 88°02'44" EAST A DISTANCE OF 39.89 FEET TO THE TRUE POINT OF
BEGINNING.
Conservation Easement Agreement
Page 8 of 9
N.E. COR. W.A. COX D.L.C
FND "X" IN TOP OF PIPE,
VISITED 06/19/02
40
PARCEL A
TAX LOT
9360600305
o
t
v.
L o
r 00
to
N
39.89'
N88'02 44 E
39.41' T.P.O.B.
N 51'16'19"E 825.15'
37.73' 82.59' WEST
W07'10"E S56'31'41 "E
/
WETLAND
/r
N47'02'22"E
72.38'
N31 '38'45"E
56.16'
N10'00 54 E
PARCEL J
TAX LOT
9360600270
N 09'27'46
N31 *40'42"W
PARCEL K
\ TAX LOT 9360600270
86.43'
S67'34'54
to
35' BUFFER
L
'
t
84.71
2225"W
7
S-l
50.77'
c°n
S51 '46'36"W
20.75'
305.31 54wW
58.15'
301'58'55"E
84.39'
323'57'31 "E
6"W
S.E. COR. W.A. COX D.L.C.
FND CONC. FILLED 2 1/2-
PIPE W/TACK & TAG LS
#17659, VISITED 06/24/02
0 50' 100' 200'
1 "=100'
EXHIBT 'G'
WETLAND CONSERVATION EASEMENT
Conservation Easement Agreement
Page 9 of 9