HomeMy WebLinkAbout20030912001303 CONSERVATION EASEMENT 091203
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Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
BID
0912001303
2003 26.00
PACIFIC NW TIT AG
PAGE 001 OF 008
KINGZCOUNTY. WA4
Above this line reserved for recording information.
CONSERVATION EASEMENT AGREEMENT
(FAC01-0017)
Reference # (if applicable): N/A
Grantor/Borrower: B Street Investment LLC ~(p P(\) WT
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NE 1/40 1-21 N-04E
Assessor's Tax Parcel ID#: 158060-0236
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered
into this day of , 2003, by and between B Street Investment
LLC, Owner of Lot 2 of City of Auburn Lot Line Adjustment No. LLA01-0018, 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;
ed~intcg~tga ,pres~e~rtv~ejith~tuality of
WHEREAS, it is mutually agreed that this Agreement be enter
wetlands for the benefit of public health, safety, and welfare;:cord by Pacific Northwest Title
as
accommodation only. It has not been
examined as to proper execution or
as to its affect upm tifle.
Conservation Easement Agreement
Page] of 8
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 have full power and authority to burden
the Subject Property in perpetuity with this Conservation Easement.
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. 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.
Conservation Easement Agreement
Page 2 of 8
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 reserve to itselve 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, 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 agree 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 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.
Conservation Easement Agreement
Page 3 of 8
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 businesses) 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:
CP/bi
File: #771
REF. H:Development\Forms\Legals\2003
GRANTEE:
CITY BURN, a municipal corporation
By:
Name: ~a.~.. ~ )~&O-A A S T
Conservation Easement Agreement
Page 4 of 8
Title: EAP'r>K,evi-
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
I certify I have know or have satisfactory evidence that -f e-b /4`i ~
is/are the
person who appeared before me, and said person` acknowledged that he/she/they signed this
instrument on oath stated that he/she/they was/ware authorized to execute the instrument and
acknowledge as the -PN P- -n P e
of )-LC- a limited liability company, to be the free
and voluntary a t of such party for the uses and purposes mentioned in the instrument.
Dated d3
Co :
i 00i i Notary Public in and for the St to of W hington
l•,y
N
:;k •LIC i residing at o A(
o119~O ;,r s 03My appointment expires t f~ (D~
X10 ~WASFi~NG=
STATE OF WASHINGTON)
ss
County of King )
1. certify that I know or have. satisfactory evidence that loa-. ! Kis 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 and Community Development 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 o;
Ov e1t11 C
PQ. •~SSiotiF. 90~~ C
o NOTggY ~a . z i l l~
Gl~ ~/1
E
• U PUBLIC Notary Publ ' and for the State of Washington
res
00 o, X_-::
iding at 012 s My appointment expires
4npaoVV
Conservation Easement Agreement
Page 5 of 8
EXHIBIT A
EXISTING LEGAL DESCRIPTIONS
LOT 2 OF CITY OF AUBURN LOT LINE ADJUSTMENT No. LLA 01-0018 AS RECORDED
UNDER AUDITOR'S FILE NUMBER 20010910001874 BEING A PORTION OF LOTS 1, 2
AND 3, CITY OF AUBURN SHORT PLAT NUMBER SPL0001-90, RECORDED UNDER
RECORDING NUMBER 9009050883, IN KING COUNTY, WASHINGTON, AND AMENDED
BY ADDENDUM RECORDED OCTOBER 9, 1990 UNDER RECORDING NUMBER
9010090675.
Conservation Easement Agreement
Page 6 of 8
11 - G
EXHIBIT B
WETLAND CONSERVATION EASEMENT
OVER LOT 2 OF AUBURN LLA01-0018
AN EASEMENT FOR WETLAND CONSERVATION BEING A PORTION OF LOT 2 OF CITY
OF AUBURN. LOT LINE ADJUSTMENT No. LLA01-0018
AS RECORDED UNDER RECORDING NUMBER 20010910001874, RECORDS OF. KING
COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2;
THENCE SOUTH 89°25'56" EAST ALONG THE SOUTH LINE THEREOF 9.44 FEET TO THE
POINT OF BEGINNING;
THENCE NORTH 38°31'52" EAST 125768 FEET;
THENCE NORTH 78°19'42" EAST 43.40 FEET;
THENCE SOUTH 71022'10" EAST 88.10 FEET TO THE SOUTHWEST CORNER OF A
CONCRETE WAREHOUSE BUILDING;
THENCE SOUTH 89°23'54" EAST ALONG THE SOUTH LINE OF SAID BUILDING 400.01
FEET TO THE SOUTHEAST CORNER OF SAID BUILDING;
THENCE NORTH 00°36'06" EAST ALONG THE EAST LINE OF SAID BUILDING 165.10
FEET TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89°24'46" EAST ALONG THE NORTH LINE OF SAID LOT 2 A DISTANCE
OF 28 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID LOT 2;
THENCE SOUTH 00°04'07" WEST ALONG THE EAST LINE OF SAID LOT 2 A DISTANCE
OF 246.78 FEET TO THE SOUTHEAST CORNER THEREOF;
THENCE NORTH 89025'56" WEST ALONG THE SOUTH LINE OF SAID LOT 2 A
DISTANCE OF 634.13 FEET TO THE POINT OF BEGINNING.
Conservation Easement Agreement
Page 7 of 8
EXHIBIT B
WETLAND CONSMATO EASEMW
NORTH
SCALE: 1" _ 200'
OF 200' 400'
ASPAHLT EDGE &
FENCE LINE N. LINE LOT 1 LLAOI-0018
S89'28'OYE
728.47
CONCRETE 120.65 l7 YYEP AW 00NB~WA110N.MU..
BLDG. 86'25'18"W CB N83'O3'26'W p o~
112. g
LAST 1 L LA01-0018 S s
N. LINE LOT 2 LLA01-0018 L5
RPM STEEL LOIT 2 U A1-=
s
r PARCEL No. 158060-0236
W
BLDG. HARVARD STEEL INC. BUILDING g --°0 c
S. AND E. FACE OF BUILDING 5 J
z=
SW CORNER LOT 2 L1
LLA01-0018 N8975'56"W
/ S. LINE LOT 2 LLA01-0018
L PROPOSED LOT LINE
SPL03-0001
LINE TABLE
L1=S8925'56"E - 9.44'
L2=N38*31'52"E - 125.68'
L3=N7819'42"E - 43.40'
L4=S71'22'10"E - 88.10'
L5= S8924'48'E - 23.62
L6= N70'47'20"W -95.58
L7= N8119'45"'W -70.37
L8= N00'0252"W -69.01
OWNERS: HEBERT 8 STREET L.L.C. B STREET INVESTMENTS LLC
PARCEL No. 158080-0236-09 & 158060-0230-05
SECTION 01, TWP. 21N, RGE. 04E.,W.M.
ADDRESS: HARVARD STEEL, INC.
P.O. BOX 2535
AUBURN; WA. 98071
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