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Home My WebLink About20020523000621 CONSERVATION EASEMENT 052302Return Address: City of Auburn City Clerk. 25 West Main Auburn, WA 98001 20020523000621 PACIFIC NW TIT EAS 17.00 PAGE 001 of 009 05/23/2002 09:53 KING COUNTY, WA Above this line reserved for recording information. CONSERVATION EASEMENT AGREEMENT x ~ FACO1-0039 for wetland and wetland buffer areas 3 3 Reference # (if applicable): N/A Additional on page: cn a ° Grantor/Borrower: 1) Charles P Schroeder and Brenda 2) c m m l M. Leyda their separate estates Additional on page: Grantee/Assignee/Beneficiary. . City of Auburn ,e Legal Description/STR: E 'h, NW NE 17-21-05E Additional on page: 7~ ~ w Assessor's Tax Parcel ID#: 332790-0270 I-ILLU 8Y PNWr o y, L~ W3yf lp -f 0 TI.11S CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made.and entered into this 11~ ay of 20O by and between Charles R. Schroeder and Brenda M. Leyda their separate estates, hereinafter referred to as "GRANTORS", and the CITY OF AUBURN, a municipal corporation organized under Title 35A RCW, hereinafter referred to as the "CITY" and/or "GRANTEE". nG, 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 Exhibits `B' & `C' 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; 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 Page 1 of 9 EXCISE TAl T R. U R Kiang 0 R i ' By_ q P r 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: 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 Conservation. Easement. 2. GRANT OF EASEMENT IN PERPETUITY. GRANTOR hereby grants the non- exclusive Conservation Easements set forth herein to the CITY in perpetuity and covenants that the Conservation Easements shall run with the land included on the Subject Property legally described in Exhibit `A' attached hereto. The Conservation Easements shall burden the Subject Property and benefit the CITY and public. 3. HEIRS, SUCCESSORS, AND ASSIGNS. The Conservation Easements 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 Easements 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'-& 'C' 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 stonnwater. 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 reserves to itself all rights, title, interest, and obligations incident to ownership of the Subject Property and Wetland Property except those Conservation Easement Agreement Page 2 of 9 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 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. 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 lit-nit 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. c.. `y10. HOLD HARMLESS AND INDEMNIFICATION. GRANTOR agrees to hold harmless TIP> 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 j„v 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 V%J 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. 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 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. Conservation Easement Agreement Page 3 of 9 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. Conservation Easement Agreement Page 4 of 9 IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first written above. GRANTOR: GRANTEE: As Their Separate Estates CITY O UB municipal corporation Char R. chroeder BY. C j Brenda M. Leydao" Title: tat rig V1 c STATE OF WASHINGTON) )ss. County of King ) -.1 certify that I know or have satisfactory evidence tha i and is/are the person(s) who appeared before me, and said individual(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. .r„ Dated Ll ( 7 _ D 2.-- o.n c~ - P, S Ch~tti`t c,r A~~4:10N' 90~t1 ' : o rt: 7) TAR rn~iNotarY Public in a d for the State of Washington i rmn i me residing at AUSLIG i My appointment expires -a ' 4 ~WAS'1r1~~'~= Conservation Easement Agreement Page 5 of 9 STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Paul Krauss, AICP, is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT 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,4Gt,N a/ 0200..2- N 0 "r,4 p 10 1 WAS 9 ~ ~-o Notary Public' and for the State of Washington My appointment expires 1 D- Z 9- O--Z3 WW/bd File: 4.1 REF. FAC01-0039 (CONSERVATION EASE AGRMNT)\E02-494 Conservation Easement Agreement Page 6 of 9 EXHIBIT 'A' LEGAL DESCRIPTION SHORT PLAT NO. SPL00-0011 (east) Parcel No. 332790-0270 That portion of the East half of the Northwest quarter of the Northeast quarter of Section 17, Township 21 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point on the East line of the East half of the Northwest quarter of the Northeast quarter of Section 17, Township 21 North, Range 5 East, W.M., in King County, Washington, said point being 30 feet South of the Northeast corner thereof and the true point of beginning; Thence N 890 55' 24" W, 180.78', thence 5 06° 30' 37" W, 64.78', thence S 420 26' 34" W, 84.76', thence S 040 25' 22" E, 293.82', thence S 890 55' 24" E, 60.00', thence S 440 24' 57" E, 133.44', thence S 370 44' 48" W, 160.15', thence 32.18' easterly around a curve with a radius of 50.00', thence N 370 44' 48" E, 146.02', thence S 350 10' 46" E, 102.26', thence N 01 ° 00'02" W, 610.38' to the point of beginning. TV La r ~ CV in c~ ~s c= cv Conservation Easement Agreement Page 7 of 9 - 1 1 4 EXHIBIT 'B' LEGAL DESCRIPTION SENSITIVE AREA (WETLAND) CONSERVATION EASEMENT SHORT PLAT NO. SPL00-001 I Parcel Nos. 332790-0270 That portion of the East half of the Northwest quarter of the Northeast quarter of Section 17, Township 21 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point on the East line of the East half of the Northwest quarter of the Northeast quarter of Section 17, Township 21 North, Range 5 East, W.M., in King County, Washington, said point being 30 feet South of the Northeast corner thereof; Thence N 890 55' 24" W, 180.78',*thence S 060 30'.370 W, 64.78', thence N 040 25' 22" E, 101.48' to the point of beginning; thence continuing N 04° 25' 22" E, 192.34', thence S 890 55' 24" E, 60.00', thence S 440 24' 57" E, 133.44', thence S 370 44' 48" W, 160.15', thence 32.18' easterly around a curve with a radius of 50.00', thence N 370 44' 48" E, 146.02', thence S 350 10' 46" E, 102.26', thence N 01 00' 02" W, 188.86', thence N 440 00' 00"W, 150.00', thence due North, 85.42', thence N 440 00' 00" W, 63.64', thence S 690 01' 00" W, 106.39' to the point of beginning.. Conservation Easement Agreement Page 8 of 9 EXHIBIT 'C' SENSITIVE AREA CONSERVATION ESMT, S.E. 320th Street _ N 89' 55' 24' E r 180,7@' ~ S 06' pW 37' V 64.78' l'V x.0 Gl T1,11, ,C'v c~ r a tea S 42. 26' V 64.76' LWT TMCT A E2 rev. Acs N 0 25' 22' E 1.46' LAST TRACT 1 S E ms. E3 I 1"=100' cu SHORT PLATS L SPL00-0011 I ivl of E4 ti N )7T nT. p CD®[vIT Dx EAMM \pp. cm crTT Or AUSU 00 Z \ ~O. 60_W \ N 84. 55' 24' E 2f ' ~y *a~ ti L=32.18' R=50' W W/bd File: 4.1. REF. FAC01-0039 (CONSERVATION EASE AGRMNT)\E02-494 Conservation Easement Agreement Wage 9 of 9