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Home My WebLink About20060313002172 CONSERVATION EASEMENT 031303aPJ 3{ . 2,;? -d A- 3.13.2--- Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20060313002172 CHICAGO TITLE EAS 37-00 03/13/29@6 15:54 KING COUNTY, UA Above this line reserved for recording information. CONSERVATION EASEMENT AGREEMENT (for wetland and wetland buffer areas) Reference 4 (if applicable): N/A Additional on page: Grantor/Borrower: 1) Diamond J Investments LLC 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR; SW 36 22N 04E Assessor's Tax Parcel ID#: 936000-0025 Additional on page: n ►fr;1 rT (`►tln" O TITI.F I,tni11CO. . RU. //(a .5C7-!~ THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this 21!~day of PFCZCWWE=. , 2001b 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 Paget of 6 C:lDocumcnts and Settings\bradj.CLM\Loca1 ScttingsUentporary Imernet Files\ULK 172\06 Wetland Conservation 12-09-05.00C 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: 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. 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. b. 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 C:lOocutnents and Sell ingftradj.CLMU.ocal SettingsJetnporary Internet FileslOLK 172106 Wetland Conservation 12.04-05.I.)OC 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. 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. 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. ]L 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 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: 6:- CITY OF AUBURN, a municipal corporation By:~ By: 0" 9 wvdicv, Name: 13ra . J0~/IS0,A Name: Conservation Easement Agreement Page 3 of 6 CADocuments and Settingslbradj.CLM\Local SettingskFemporary Internet Files\OLK 1 72\06 Wetland Conservation 12-09.05.130C Title: OAr1rl or- Title: an rr~. STATE OF N ) ~~y^y~7ross. COUNTY OF 141+46- 47 day of 201Xo before me, the undersigned, a THIS IS TO CERTIFY that on this t~:2 rugary p iic in And for the State of Washington, duly commissioned and sworn, personally appeared dadu..M K,. •of'1/i-5o,`•-- , to me known to be the manager member that executed the foregoing instrument awledged 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. (Print Name} NOTARY KMUd K40N COIIM►NBSfOMNO. MM Notary Pubh in d for e State of I&464ifen G7"?"10- 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 1~P~G VLi,I a- r~ n7 Notary Public and for the State o ashen on r :C) residing at My appointment expires ` 2l -12 "2 N pG'i3l.~G •'Q . rdr 9 • ra•29-1~ I• 0 Conservation Easement Agreement Page 4 of 6 C\Doeurnents and Settings\bradj.C1.M\Local ScttingslTemporaryIntemet FilesiOLK 172\06 Wetland Conservation 12-09.05.DOC EXHIBIT A LEGAL DESCRIPTION OF DIAMOND J PROPERTY Tract 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 5 of 6 C Documents and Seningslbradj.CLM\Loca) SettingslTemporary Internet Files\OLK 172\06 Weiland Conservation 12-04.05.DOC Exhibit B MAP ExH/B1 r M4! Sb+wM NI/ 589CQ'OS'L ede S89T70'E Flat ilO.d!' I 1 4 I ~ ~ I ~ I I I I I I I ~ ~I I I is I A .Z O ~0 L I Me mwtm throe of the NUW30"W South 1145.00 (set 01 tAt S I 90. 2 N0070 Y!"C I t 13.00' '1w ' I Saar 2t4Ee a allot, W do. N wevolm't a N 39T7ti' k Plot ~ ~ Sedr. 'j: " M . 1 200 arrsyi pia. . ExH181r.. a WETCANO TAkMENT LEGAL OESCRIPTIONS M WJIN 113• FW Of 1K SCV 9400 FW V ME BAST 12o FELT o1' TRACT 5. WIVE AMR v"pY ma" vAcm Accop p10 to THE Pu1T T# Mw Mono w VQ11AK 13 OF PLATS. PAW 17. w 10110 COUNTY, WrAS044ro . ' mww Conservation Easement Agreement Page 6 of 6 CADocumenls and Seuings'~bradj.UM\Local ScuiugsVFemporary Internet Files%OLK172\06 Weiland Conservation 12-09.05.DOC