HomeMy WebLinkAbout20050218001530 CONSERVATION EASEMENT 02180514
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
20050218001530
PACIFIC NW TIT SAS 24.00
PAGE001 OF 008
02/18/2000 14:25
KING COUNTY, WA
Above this line reserved for recording information.
CONSERVATION EASEMENT AGREEMENT
tar wetland and wetland butter areas
Grantor/Borrower: Park 277 Associates
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: Tract A, Park 277 Alteration No.
1, Rec. No 20041221001540
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THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made effective this 5th day
of January, 2005, by and between PARK 277 ASSOCIATES, a Washington general partnership ,
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 (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;
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;
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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:
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. 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, provided, however, the scope of
this Agreement does not preclude maintenance activities or any other activities expressly provided by
other agreements with the City that address flood plain and storm water responsibilities. 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,
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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.
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 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 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.
to. HOLD HARMLESS AND INDEMNIFICATION. GRANTOR shall defend indemnify and hold
the CITY harmless against all liabilities, penalties, costs, losses, damages, expenses, causes of action,
claims demands or judgments, including attorney's fees, arising from any negligent or wrongful act or
omission of GRANTOR or GRANTOR'S officers, licensees, agents, servants, employs, guests,
invitees or visitors on or around the Subject Property as a result of any act, omission or negligence of
GRANTOR or GRANTOR'S officers, licensees, agents, servants, employs, guests, invitees or
visitors arising out of this Conservation Easement Agreement. GRANTOR shall use legal counsel
reasonably acceptable to the CITY in defense of any action within GRANTOR'S defense obligation.
The CITY shall defend indemnify and hold GRANTOR against all liabilities, penalties, costs, losses,
damages, expenses, causes of action, claims demands or judgments, including attorney's fees, arising
from any negligent or wrongful act or omission of the CITY or the CITY'S officers, licensees, agents,
servants, employs, guests, invitees or visitors on or around the Subject Property as a result of any act,
omission or negligence of the CITY or the CITY'S officers, licensees, agents, servants, employs,
guests, invitees or visitors arising out of this Conservation Easement Agreement. The CITY shall use
legal counsel reasonably acceptable to GRANTOR in defense of any action within the CITY'S
defense obligation.
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H. 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:
PARK 277 ASSOCIATES, a Washington CITY URN, a municipal
general gpanership corpora ion
By:
Name: 1C'C .1P'Z c
Title: Managing Partner
Name: Peter B. Lewis
Title: MaYor
STATE OF WASHINGTON)
)ss.
County of King )
Conservation Basement Agreement 05.21.04
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I certify that I know or have satisfactory evidence that Al /~rQ 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 Managing Partner of
Park 277 Associates, to be the free and voluntary act of such party for the uses and purposes mentioned
in this instrument.
Dated
OFFiCW.BEAL
ROBERT E. WEST, JR. ROBERT E. WESf U9711
Notary Public ' and for th State of Wash gton
NOTARY PURE-SIXI9OFWASMNWM residing at
byOomnEq*uAAay1.2007 My appointment expires Ibi
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Pete Lewis 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 Mayor 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 -1j 3 , -24a 5~
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Notary Public in and for the State of Washington
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My appointment expires 1,9`2-5 -t7
Conservation Easement Agreement 05.21.04
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EXHIBIT A
Legal Description
Tract A, Park 277 Alteration No. 1, recorded under King County
Recording No. 20041221001540, records of King County, Washington
Conservation Easement Agreement 05.21.04
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