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Home My WebLink About20050218001535 FLOODPLAIN EASEMENT 021805Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 001 35 RA 27.90 Above this line reserved for recording information. COMPENSATORY FLOODPLAIN STORAGE POND EASEMENT AGREEMENT for t)reservatlon of the 1 Grantor/Borrower: Park 277 Associates FILED BY P N WT Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Tract A, Park 277 Alteration No. 1, Rec. No 20041221001540 Assessor's Tax Parcel LD#: 664960-0080'7~ 11P,22-!o4 C1o$) f t'1el " THIS COMPENSATORY FLOODPLAIN STORA POND 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 compensatory floodplain storage pond easement (the "Compensatory Floodplain Storage Pond Easement") with respect to certain 100-year floodplain areas legally described on Exhibit '13' and depicted in Exhibit "C" attached hereto and incorporated herein by reference (the "Compensatory Floodplain Property") located on the Subject Property; WHEREAS, it is mutually agreed that this Agueement be entered into to preserve the 100-year floodplain for the benefit of public health, safety, and welfare; Staid t+ocumont(s) were filed for record by Pacific Northwest Tills as accommodation only. It has not been jmvnrninarl as In nrnnar avaci Ainn no Compensatory Floodplain Storage Pond Easement X.14.04 as M it, e`ed upon title Page 1 of 9 Rcv. 11/16/04 EXCISE TAX NOT REQUIRED i Co. R s Di'A ion G, WHEREAS, it is mutually agreed that preservation of the 100-year floodplain is essential to maintaining a quality environment, maintaining quality water resources, and the preservation of the benefits of the floodplain , and that preservation of the 100-year floodplain is in conformity with the CITY'S Comprehensive Plan; WHEREAS, GRANTOR has received consideration for granting this Compensatory Floodplain Storage Pond 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 Compensatory Floodplain Storage Pond Easement and agrees not to undertake any activity which will in any way be inconsistent with the preservation of the 100-year floodplain 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 Compensatory Floodplain Storage Pond Easement. 2. GRANT OF EASEMENT IN PERPETUITY. GRANTOR hereby grants the non- exclusive Compensatory Floodplain Storage Pond Easement set forth herein to the CITY in perpetuity and covenants that the Compensatory Floodplain Storage Pond Easement shall run with the land included in the Subject Property legally described in Exhibit `A' attached hereto. The Compensatory Floodplain Storage Pond Easement shall burden the Subject Property and benefit the CITY and general public 3. HEIRS, SUCCESSORS, AND ASSIGNS. The Compensatory Floodplain Storage Pond 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 Compensatory Floodplain Storage Pond Easement granted hereunder shall allow CITY to enter upon the Subject Property for the purposes of monitoring, maintaining, preserving, and enhancing the Compensatory Floodplain 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 Compensatory Floodplain Property , and GRANTOR further covenants to take reasonable and necessary steps to restrict access to the Compensatory Floodplain Property and prohibit construction of any structures or artificial surfaces or alteration of any vegetation within the Compensatory Floodplain Property. No activity of any kind may take place within the Compensatory Floodplain Property without the prior approval by the City of Auburn Director of Public Works The CITY shall be permitted to enter onto the Subject Property at all reasonable times to monitor and maintain the Compensatory Floodplain Property. The CITY shall not unreasonably interfere with the ownership, possession, use, or enjoyment by GRANTOR or GRANTOR'S tenants of the Compensatory Floodplain Storage Pond Easement 06.14.04 Page 2 of 9 Rev, 11/16/04 Subject Property when entering the Subject Property to perform the permitted functions described herein. 5. PROHIBITED USES OF COMPENSATORY FLOODPLAIN PROPERTY. GRANTOR shall not undertake, nor cause to be undertaken any activity or use of the Compensatory Floodplain 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 storrnwater; 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 Compensatory Floodplain 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 Compensatory Floodplain Property, 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 100-year floodplain, 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 Compensatory Floodplain Property and agrees to pay all assessments and taxation (if any) against said Compensatory Floodplain Property assessed by any governmental authority as they become due. 10. 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, Compensatory Floodplain Storage Pond Easement 06.14.04 Page 3 of 9 Rev. 11/16/04 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 Compensatory Floodplain Storage Pond 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 Compensatory Floodplain Storage Pond Easement Agreement. The CITY shall use legal counsel reasonably acceptable to GRANTOR in defense of any action within the CITY'S defense obligation. 1 l . 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. 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 C OF AUBURN, a municipal general partnership co ortt By: Name: AE~."t:ft-t. a _QK Name: Title: Managing Partner Title: Peter B. Lewis Mayor Compensatory Floodplain Storage Pond Easement 06A4.04 Page 4 of 9 Rev. 11/16/04 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that t a1ff,-4- M TTY 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 y~j't}61V6 21/ S gCW.WL RGBER RE.WEST] JR Notary Public in d for residing at _ 1 plJrlIX.ff=0FWA9MIWM My appointment expires Mlles L°MpMrsMAbt,2Wf 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 7: Z 341-9'd'J ~~~~~~a~rrrrt r a r O ~1OtAgy rn r • C.1 rr ~ Cllr N Puss- %C' 4+~!A' • 4 2"5,0,. ;a0 +'1 fi Qfi SNP.- ~ WA Notary Public in and for the State of Washington Yt..Lr ~2~e~.rQ Gc f residing at My appointment expires lO ~5"a 7 Compensatory Floodplain Storage Pond Easement 06.14.04 Page 5 of 9 Rev. 11/16/04 EXHIBIT A LEGAL DESCRIPTION Tract A, Park 277 Alteration No. 1, recorded under King County Recording No. 20041221001540, records of King County, Washington Compensatory Floodplain Storage Pond Easement 06.14.04 Page 6 of 9 Rev. 11/16/04 EXHIBIT B LEGAL DESCRIPTION COMPENSATORY FLOODPLAIN STORAGE POND EASEMENT Easement 1: An easement for drainage and maintenance lying within Open Space West of the City of Auburn plat of Park 277, recorded in King County under Recording No. 9407050495, bounded on the North by the Southerly line of the East/West drainage easement as shown on said plat, and on the East, South, and West by the following described line: COMMENCING at the Southeast corner of Open Space West as referenced above; THENCE along the East line of said Open Space West, North 30° 25' 13" East, a distance of 56.43 feet to the beginning of a curve concave to the West with a radius of 270.00 feet; THENCE CONTINUING along the East line of said Open Space West along the are of said curve through a central angle of 08° 50' 18", a distance of'41.65 feet to the Southeast corner of the drainage easement referenced above; THENCE along the Southerly line of said easement, North 86° 32' 31" West, 150.48 feet to the TRUE POINT OF BEGINNING for this line description. THENCE LEAVING said Southerly line and bearing South 00° 31' 25" West, a distance of 87.89 feet; THENCE North 88° 45'43" West, a distance of 377.07 feet; THENCE North 74° 32'40" West, a distance of 19.28 feet; THENCE North 54° 06' 15" West, a distance of 17.57 feet; THENCE North 08° 15'38" West, a distance of 20.70 feet; THENCE North 06° 27'42" West, a distance of 14.58 feet to the beginning of a curve concave to the Southeast with a radius of 40.00 feet; THENCE Northerly and Easterly along the arc of said curve through a central angle of 771 32' 17", a distance of 54.13 feet; THENCE North 71 ° 04'35" East, a distance of 102.91 feet; THENCE North 090 49' 31" West, a distance of 127.24 feet to the Southerly line of the above-referenced easement, and the terminus of this line description. Compensatory Floodplain Storage Pond Easement 06.14.04 Page 7 of 9 Rev. 11/16/04 Easement 2: An easement for drainage and maintenance lying within Open Space West of the City of Auburn plat of Park 277, recorded in King County under Recording No. 9407050495, bounded on the South by the Northerly line of the East/West drainage easement as shown on said plat, and on the East, North, and West by the following described line: COMMENCING at the Northeast corner of the above-referenced Open Space West; THENCE South 00° 24' 01" East along the East line of said Open Space West, a distance of 152.96 feet to the Northeast corner of said drainage easement; THENCE North 860 32' 31" West along the Northerly line of said drainage easement, a distance of 190.00 feet to an angle point in said easement and the TRUE POINT OF BEGINNING for this line description; THENCE LEAVING said Northerly line and bearing North 031 2729" East, a distance of 58.02 feet; THENCE North 88° 45'04" West, a distance of 11.64 feet; THENCE South 86° 23'02" West, a distance of 58.27 feet; THENCE North 550 56'40" West, a distance of 29.64 feet; THENCE South 81 ° 02' 01 " West, a distance of 62.21 feet; THENCE South 63° 46' 45" West, a distance of 89.07 feet to the North line of the above-referenced drainage easement and the terminus of this line description. Project: Park 277th March 20, 1996 Revised: March 24, 2004 3988L.027 JMKIegss Compensatory Floodplain Storage Pond Easement 0614.04 Page 8 of 9 Rev. 1 I / 16/04 EXHIBIT C MAP COMPENSATORY FLOODPLAIN STORAGE POND EASEMENTS f 11-100, 1111 1 rI IlIHill IIIIJIIII 111111111 111111 111111111 _ _ _ _ EIUSO G L01 LIE 11.64' PROPOSED LOT LK R-210.00' S65 p( R=40.00' FL:_ ISR•32.50• 32'11' l•1313G' A-2315'20' y~0~ - '3 EASEMENT 2 A-IOS36'32' R•5000' 150ie L EASEMENT 1 93, 2", I" • pr6315'29' 0 I ~ 1T ' . ' n Lr41 65 ^ I 1 p ra30'16~ y - NEa 45 43 W 377.07 ` ` 'E 111111 DEW LOT LK 11111111111111 IIIIIIII111 111 7 IIIIIIII ~ r r r MIS 72ND AVENUE SOUTH w KENT. KA 2M2 Gi c4250, -em 25M, BM FAX 1- ' CIV4 ENGINEERING. LAND PLANNING. SURVEYING, ENVIRONMENTAL SERVICES Compensatory rloodplain Storage Pond Easement 06.14.04 Page 9 of 9 Rev. I1/16/04