HomeMy WebLinkAbout200310132009 CONSERVATION EASEMENT 101303d
9
N O V 1 3 2003
CITY OF AUBURN
CITY CLERKS OFFICE
2o0un0132009 10 ~;unwm
iO-13-2003 03:4R M 128.00
Above this line reserved for recording information.
A 3 ~7~5 -'Z-
CONSERVATION EASEMENT AGREEMENT ' 0 ~ t', PN W--C
wetland and wetland butter areas
Reference q (ii'applicable:
Grantor/Borrower:
Grantee/Assignee/Beneficiary:
Legal Description/STR:
Assessor's Tax Parcel ID#:
N/A Additional on page: _
La Pianta LLC, a Washington limited liability company
Additional on page:
City of Auburn, a Washington municipal corporation
Additional on page: _
Z-
14 l '/I--2-y - I f I t( G-,", r/ '7 40
THIS CONSER~TION EA 4MENT AGREEMENT (the "'Agreement" herein) is made and entered
into this day, of c~..~ 20,03, by and between La Pianta LLC, a
Washington united liability company, 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 Ext ~chedhereto and incorporated ffw for
herein by reference, (the "Subject Property" herein); reCOrd by PaClfic Northwest Title as
accommodation only. It h s
WHEREAS, the GRANTOR or the representative of GM1NIFORi;exe~cutingat ~ r~ment has the
authority to burden a portion of the Subject Propert~cfoi'tihe~cputposei,.of grantingr the CITY a
non-exclusive wetland conservation easement (the "Conservation Easement" herein) with respect to
certain wetland and wetland buffer areas legally described on Exhibit 'B' attached hereto and
incorporated herein by reference (the "Wetland Property" herein) located on the Subject Property;
WHEREAS, it is mutually agreed that the Conservation Easement shall continue only so long as a
wetland exists on the Wetland 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;
EXCISE TAX EXEMPT DATE 1 L: -a
Pierce County
BY ,,,,.Auth. Sig
PoN~WNI~~INI~IRBtl~
I2
10-13-2003 00310132009 ,o res rIEaCE coax...°w&sH 128.00
NG.
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
CONSERVATION EASEMENT AGREEMENT
r1.)( 0 61 b8
0/)13 PNw"T
for wetland and wetland butter
Reference # (if applicable:
Grantor/Borrower:
Grantee/Assignee/Beneficiary:
Legal Description/STR:
Assessor's Tax Parcel ID#:
N/A Additional on page:
La Pianta LLC, a Washington limited liability company
Additional on page: _
City of Auburn, a Washington municipal corporation
Additional on page:
2._'
THIS CONSERWION EA MENT AGREEMENT (the "Agreement" herein) is made and entered
into this day of O' .J!t 20IQ3, by and between La Pi an
ta LLC, a
Washington tmited liability company, 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 Exl tt,~ ` ' s, t&rcth hereto and incorporated
herein by reference (the "Subject Property" herein); rates pacifil lye ~ed ~
Pacific. TitW as
accommodation only. It W."Wr2oc!
n
WHEREAS, the GRANTOR or the representative of GI~I~~ORmxecutingament has t
he
authority to burden a portion of the Subject Propertyacforitihe purpose.•i,of grantingthe CITY a
non-exclusive wetland conservation easement (the "Conservation Easement" herein) with respect to
certain wetland and wetland buffer areas legally described on Exhibit `B' attached hereto and
incorporated herein by reference (the "Wetland Property" herein) located on the Subject Property;
WHEREAS, it is mutually agreed that the Conservation Easement shall continue only so long as a
wetland exists on the Wetland 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-,
EXCISE TAX EXEMPT DATE 10 -13 D
Pierce County
ByAuth. Sig
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 confonnity 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 acknowledges the important environmental value of the Conservation
Easement and agrees not to undertake any activity on the Wetland Property which will be inconsistent
with the preservation of the wetland or wetland buffer areas or the quality of the wetlands on the
Wetland Property;
NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties hereby agree as
follows:
1. AUTHORITY TO BURDEN WETLAND PROPERTY. GRANTOR is the owner in
fee simple of the Subject Property referred to above and has full power and authority to
burden the Wetland Property with this Conservation Easement.
2. GRANT OF EASEMENT. GRANTOR hereby grants the non-exclusive Conservation
Easement set forth herein to the CITY. The Conservation Easement shall burden only the
Wetland Property for the benefit of the CITY and the public, and shall continue only for so
long as a wetland exists on the Wetland Property. GRANTOR reserves the right for future
wetland delineations to be made on the Wetland Property. The determination as to
whether a wetland exists on the Wetland Property shall be made by a delineation of a
wetland made in accordance with methodology set forth in the 1987 Army Corps of
Engineers manual in use January 1, 1995 by the U.S. Environmental Protection Agency
and the Army Corps of Engineers, or future governmental regulations in effect at the time
such delineation is made. Should a delineation within the parameters of the methodology
in use at that time reveal that the subject wetland no longer meets the criteria for
classification as a regulated Wetland this Conservation Easement and Agreement shall
terminate, and all rights hereunder and any improvements remaining in the Conservation
Easement area shall revert to or otherwise become the property of GRANTOR. The
GRANTOR shall prepare a document for the City in recordable form releasing to
GRANTOR any and all of the CITY's rights to the Easement Area. The CITY shall, within
30 days, review and endorse the document and provide the same to the GRANTOR for
recording. Additionally, any modifications to the Wetland Property shall be made in
accordance with then-current regulations relating to such modifications.
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.
2
4. SCOPE OF EASEMENT. The Conservation Easement granted hereunder shall allow
CITY to enter upon the Wetland Property for the purposes of monitoring, maintaining, and
preserving the Wetland Property although the CITY is not under obligation to maintain the
Subject Property. GRANTOR covenants not to 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.
However, GRANTOR may enter upon the Wetland Property for such purposes as
GRANTOR, in its sole discretion, deems necessary, including but not limited to the
establishment or performance of a wetland mitigation plan, so long as such entry does not
impair or interfere with the function or use of the Wetland Property.
GRANTOR grants to the CITY the right of access only across a portion of the Subject
Property described in Exhibit C (the "Access Way" herein), so that CITY may have access
to the Wetland Property at all reasonable times to monitor, maintain, and preserve the
Wetland Property, so long as the terms of Paragraph 7 below have been complied with by
the CITY. 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. Upon at
least sixty (60) days prior written notice from GRANTOR to CITY, the Access Way may
be relocated by GRANTOR so long as the new location continues to provide reasonable
access between the Wetland Property and a public right-of-way, and the new Access Way
is suitable for passage of CITY's vehicles and equipment.
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.
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.
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 at least thirty (30) days prior to CITY's proposed action date and giving
GRANTOR at least thirty (30) days to make the corrections, or longer if the season of the
year requires more time for corrective action to be completed, and, in such case, the
3
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 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.
10. :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 negligence or misconduct 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.
The CITY agrees to hold harmless and indemnify and defend GRANTOR, 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 or the Access Way that is a
consequence of the actions, negligence or misconduct of the CITY, or its officials,
members, employees, agents, or invitees.
11. RECORDATION. GRANTOR shall record this Agreement within 30 days following
execution and delivery of this document in the Office of the King County Department of
Records and Elections.
4
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:
LA PIANTA LLC, a Washington limited liability
company
By: Metro Land
Inc., its manager
By:
Name: Mark
e
Title: Vice President
GRANTEE:
CITY OF AUBURN, Wa hi gton a municipal
corporatio
By.
Name: IN. ~6m-tA S
Title: ` VIA entxn„ V ~ r~~j✓M►.~ Yt1le-C~,✓.
5
STATE? OF WASI-IINGTON )
ss.
COUNTY OF KING )
On this y of f11 , 200 before me, the undersigned, a Notary Public in and
for the Suite of Washingto , duly commissioned and sworn, personally appeared Mark A. Segale, to me
known to be the person who signed as Vice-President of METRO LAND DEVELOPMENT, INC., the
corporation acting as Manager of LA PIANTA LLC, the limited liability company that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of METRO LAND DEVELOPMENT, INC., as Manager, and of LA PIANTA LLC, for the uses
and purposes therein mentioned; and on oath stated that he was duly elected, qualified and acting as said
officer of the corporation, and that he was authorized to execute the said instrument on behalf of
METRO LAND DEVELOPMENT, INC., and that the corporation was authorized to execute the said
instrument on behalf of LA PIANTA LLC.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above
written.
..41414 N A. p11%h
U10; yy4 4
G. b 4
a
Y 1. 2 4 ►0'►
Its,
ST'A'rT OF WASHINGTON )
) ss.
COUNTY OF KING; )
of Notary)
(Pant or stamp name of Notary)
NOTARY PLTE3LIC in and for State
of Washington, residing at ~►L/
My Appointment Expires: /
I certify, that I know or have satisfactory evidence thattTa"-1. er, L Cas 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 Planning
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.
3
Dated: -0
LY N
'4?,sititi • 69C' ~I
MA,
; Zi
Co.
PLHC
NOTARY PUI3ETC in and for the State of Washington,
residing at ~~-Cr e,. ~D LA.,
7-"
My appointment expires: D - 7_q - d '-Y
.
EXHIBIT "A"
SUBJECT PROPERTY
June 3, 2003
REVISED PARCEL "A" AS PER CITY OF AUBURN BOUNDARY LINE
ADJUSTMENT NO. 01-0030 AND RECORDED UNDER KING COUNTY
AUDITOR'S FILE NO. 20011221000584.
CAN4y Documents\LEGAL DESCRUMONSIARDELL WETLAND ACCESS.DOC
EXHIBIT "B"
June 3, 2003
"CONSERVATION EASEMENT"
A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24,
TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, CITY OF AUBURN,
KING COUNTY, WASHINGTON, SAID EASEMENT BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 24; THENCE SOUTH 88028' 1T'EAST ALONG THE NORTH LINE OF SAID NORTHEAST
QUARTER A DISTANCE OF 106.22 FEET-. THENCE LEAVING SAID NORTH LINE SOUTH
01031'43"WEST 126.08 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 52°29'09"EAST
131.20 FEET; THENCE SOUTH 52°15'26"EAST 175.54 FEET; THENCE SOUTH 01°29'46"WEST
63.58 FEET; THENCE SOUTH 31°30' 14"WEST 66.67 FEET; THENCE NORTH 88°29'43"WEST
145.10 FEET; THENCE NORTH 01°02'59"EAST 203.67 FEET; THENCE NORTH 62132'25"WEST
55.52 FEET, THENCE NORTH 01°29'39"EAST 59.37 FEET TO THE POINT OF BEGINNING.
C:1My Documents\LEGAL DESCRIPTIONSWRDELL WETLAND ACCESS-DOC
June 3, 2003 EXHIBIT - C
"ACCESS WAY" LOCATION
AN EASEMENT IN FAVOR OF THE CITY OF AUBURN FOR INGRESS AND EGRESS OVER THE
FOLLOWING DESCRIBED PROPERTY LYING WITHIN A PORTION OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 4
EAST OF THE WILLAMETTE MERIDIAN, CITY OF AUBURN, KING COUNTY, WASHINGTON,
SAID EASEMENT BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 24; THENCE SOUTH 88°28' 17"EAST ALONG THE NORTH LINE OF SAID SECTION 24,
A DISTANCE OF 309.09 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH
88°28' I7"EAST ALONG SAID NORTH LINE 676.45 FEET TO THE WEST RIGHT OF WAY
MARGIN OF 8m STREET SOUTHWEST AS PER DEED THEREOF RECORDED UNDER KING
COUNTY AUDITOR'S FILE NO. 20000308001016; THENCE LEAVING SAID NORTH LINE
SOUTH 01031'43"WEST 16.00 FEET: THENCE NORTH 88028'16"WEST ON A LINE PARALLEL
WITH AND 16.00 FEET SOUTH OF THE AFOREMENTIONED NORTH LINE OF SECTION 24, A
DISTANCE OF 661.46 FEET; THENCE SOUTH 01°33'49"WEST 268.84 FEET TO THE NORTHERLY
MARGIN OF A DESIGNATED WETLAND: THENCE NORTH 52115'26"WEST ALONG SAID
NORTHERLY MARGIN 18.58 FEET TO A POINT WHICH IS 15.00 FEET WEST, WHEN
MEASURED AT RIGHT ANGLES TO THE LAST DESCRIBED LINE OF SOUTH 01033'49"WEST;
THENCE NORTH 0 103 3'49"EAST PARALLEL WITH SAID LINE 273.86 FEET TO THE POINT OF
BEGINNING.
C:\My Documents\LEGAL DESCRUMONSWIDELL WETLAND ACCESS.DOC
LA P IANTA LLC
P.O, BOX 88028,TUK'%41LA, WASHINGTON, 98138-2028
(206) 575-2090
I
EXHIBIT C
"ACCESS WAY" LOCATION
676.45' N 88'28'17" W
16.00'
N 01'31'43' E
••e- -15' 661.48 N 88"
W
R.O,W. DEED TO AU6'JF
A.F.N. 2000308001016
rt 8Y-i
SCALE 1" = 200'