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HomeMy WebLinkAbout20000711000427 CONSERVATION EASEMENT 071100cam. rv a cz 0 c\ Cl 0 a C'V Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 Document Title(s) (or transactions contained therein): /0//7 1. Conservation Easement Agreement III 11111111111111111111111111111 2000 T1000427 PACIFIC NW TI EAS PAGE 001 OF 07/11/2000 09:23 KING COUNTY, WA. RECORDER'S COVER SHEET Reference Number(s) of Documents assigned or released: Said docurnanl(s) were filed fo record by Pacific Northwest Title 04 ❑Additional reference #'s on page _ of document ~xcormixdation ortly. It has not baK examined as to proper exec&*m v as to ft sffect upon We. Grantor(s) (Last name first, then first name and initials) 1. 4JC Investments LLC Grantee: (Last name first) 1. City of Auburn Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lot A, City of Auburn Lot Line Adjustment No. LLA0009-99 ® Additional legal is on page 8 of the document. Assessor's Property Tax Parcel/Account Number: 936000-0055-09 ❑ Assessor Tax # not yet assigned CONSERVATION EASEMENT AGREEMENT (for wetland mitigation and wetland buffer areas) THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered. into this 16th day of June, 2000, by and between 4JC Investments, LLC, an Oregon Corporation, 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 mitigation 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; Q '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; 0 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 acknowledges 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 mitigation 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: 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 nonexclusive 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 the public. HEIRS, SUCCESSORS AND ASSIGNS. This 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 r . 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 C=) Property. No activity of any kind may take place within the Wetland Property without the c 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, r.. C= conveyance or storage of storm water. 5. DUTIES OF THE CITY. In consideration of the grant of the Conservation Easement ° herein, the CITY agrees to monitor, maintain, preserve and protect the Wetland Property and its wetland value at the 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 described 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 Agreement. 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 rights and interests expressly conveyed to the CITY hereunder and those obligations expressly undertaken by the CITY hereunder. 8. 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. rl_ r- cw cv a ° o ° 9. 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. 10. COSTS AND LIABILITIES. Except as provided in Paragraph S 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. 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, 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 liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including, without limitation, reasonable attorney's fees, arising from or relating to any third party claim which challenges GRANTOR'S right to execute and deliver this Agreement. 12. RECORDATION. GRANTOR agrees to incorporate the terms of this Agreement in any deed, lease 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. 13, CONSTRUCTION. This Agreement shall be liberally construed to effect the purpose and intent hereof. 14. 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. ASSIGNOR: 4JC INVESTMENTS, LLC, an Oregon Corporation 4 -1- By: Name: Brad R. Johnson ASSIGNEE: CITY OF AUBURN, a municipal corporation By: Name: Charles A. Booth Title: Manager Title: Mayor FORM: c-- r.r Michael J. Reynolds c= City Attorney r-- Q-- r a a cw © 'o STATE OF ) 4V" ~D ma't(\ ) ss. COUNTY OF WASF Nr7T FN- ) THIS IS TO CERTIFY that on this -day of June, 2000, before me, the ,undersigned, a notary public in and for tU- State of Oregon, duly commissioned and sworn, ~,,.1(~.I~ t~10 1 , to me known to be the ' per$Qnally appeared ( _ M of 4JC INVESTMENTS, LLC, an Oregon Corporation, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited partnership for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said corporation. WITNESS my hand and official seal the day and year of the certificate first above 1 Titten, „OKM ~r2 OFFICIAL SEAL A14ESSA L SOUDERS NOTARY PUBLIC-OREGON tOMMISSION NO.055708 MIg ON hORES dbEY 11 2999 r+. cv C=] C? O a cm 0 O C`V STATE OF WASHINGTON ) COUNTY OF' KING ) AA JLVI~ ~f~ Y -d'tSrnt Name) Residing My appointment expires - ,'''Q0 ,A, THIS IS TO CERTIFY that on this day of June, 2000, before me, the undersigned, a notary public in and for the Sta'tof Washington, duly commissioned and sworn, personally appeared Nar les 4, oa to me known to be the a yor of the CITY OF AUBURN, a Washington municipal corporation, the corporation that executed the within and 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 he was authorized to execute said instrument on behalf of said corporation. WITNESS my hand and official seal the day and year of the certificate first above written. ~ A4gfd t -~IJJ fint Name) /t~1 sT r 4 , Residing ! l My appointment expires t__ N ..,-k 0 t-• R CJ C=:0 d N EXHIBIT `A' LEGAL DESCRIPTION OF SUBJECT PROPERTY Lot A of Lot Line Adjustment 0009-99, State of Washington, County of King, also described as follows: A 217,783 square foot tract out of Lots 10, 11 & 12, White River Valley Home Tracts, as recorded in Book 13 of Plats at page 17, in King County, Washington, being more particularly described by metes and bounds as follows: BEGINNING at the Northwest corner of Lot 10, White River Valley Home Tracts on the South side of the 60 foot Right of Way of South 285`h Street, said point also being the Northeast corner of Lot 9, White River Valley Home Tracts in Section 36, Township 22 North, Range 4 East, Willamette Meridian, also being the POINT OF BEGINNING of the tract herein described; THENCE with the Southerly Right of Way of South 285`h Street, South 89--15'49" East for a distance of 631.68 feet to the Northeast corner of Lot 12, White River Valley Home Tracts, said point also being the Northwest corner of Lot 13, White River Valley Home Tracts; THENCE leaving the Southerly Right of Way of South 285`h Street and continuing with the common line of said Lot 12 and Lot 13, South 00`w40'14" West for a distance of 344.80 to a point; r-- c~ ~ THENCE leaving said common line, North 89`~ 15'49" West for distance of 631.59 feet to a point on the common line of said Lot 9 and Lot 10; cm with the common line of said Lot 9 and Lot 10, North 00°-D39'18" East for a distance THENCE r-- z-- of 344.80 feet to the POINT OF BEGINNING, containing 217,783 square feet, more or less. 0 0 0 CJ CV EXHIBIT `B' LEGAL DESCRIPTION WETLAND CONSERVATION EASEMENT PORTION OF TAX LOT NO. 936000-0055 All that certain real property situate in the City of Auburn, King County, State of Washington, being a portion of the Southeast Quarter of Section 36, Township 22 North, Range 4 East, Willamette Meridian, and being a portion of that certain Lot `A' of LLA 0009-99 described as follows: AN EASEMENT, for wetland conservation purposes, in, on, over, through, and across an area of land, the perimeter boundaries of which are more particularly described as follows: The North 90.9 feet of the South 108.2 feet of the West 22.0 feet of the East 42.5 feet of Lot `A' containing 2,000 square feet, more or less; together with the West 85.0 feet of the East 206.0 feet of the South 27.0 feet of Lot `A', containing 2,295 square feet, more of less; together with the West 54.0 feet of the East 343.0 feet of the South 23.8 feet of Lot `A' containing 1,285 square feet, more of less. C-. r- ~ The above described easement contains a total of 5,580 square feet, more of less. -.J1 ° o ° c= cm r-- cm 0 a cm N h N ~r C7 cn r- c► Cm i I r - I I I I O n 91 1 I I I ~ W I t UJSDNC --f `85'BUFFER EM W WETLAND BOUNDARY EXHIBIT MAP wET m COMM Fa%" PORTION OF THE S.E. 1/4 OF SECTION 36 VMRrS F 22 NORTH, RANGE 4 EAST, WLLAMETTE WR AN CITY OF AUBURN, KM COUM'!, STATE OF WASHINGTON i WEfIAND CONSERVATION USEYENT 4000 SF Afthr, NORTH o a a m r=lar