HomeMy WebLinkAbout20101104001870 CONSERVATION EASEMENT AGREEMENT 110410 Return Address:
111111 111 1111
City of Auburn 20101104001870
City Clerk
25 West Main PACIFIC NW TIT EAS 69.00
PAGE-001 OF 008
Auburn,WA 98001 11/04/2010 15:31
KING COUNTY, WA
EXCISE TAX NOT REQUIRED
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By _�duty
Abo is line eserved for recording information. 77"I
CON '= •TION EASEMENT AGREEMENT�,AsW, `1O1�� 6Y TITLE
(for stream and buffer areas)
Reference#(if applicable): N/A Additional on
(�
Grantor/Borrower: 1) Fonpee,LLC 2)
Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: PTN. GOV'T LOT 1 & SE1/4 OF Additional on page: 6
THE NE'/, SEC.02 TWP.21N, 30
R.4E.,W.M.
Assessor's Tax Parcel ID#: 0221049098
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this
21-1/' day of August , 2010, by and between _Fonpee, LLC
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
stream conservation easement (the "Conservation Easement") with respect to certain stream and stream
buffer areas legally described on Exhibit `B' attached hereto and incorporated herein by reference (the
"Stream Property") located on the Subject Property;
WHEREAS, it is mutually agreed that this Agreement be entered into to preserve the quality of streams
for the benefit of public health, safety, and welfare;
WHEREAS, it is mutually agreed that preservation of the quality of streams is essential to maintaining a
quality environment, maintaining quality water resources, and the preservation of wildlife, and that
preservation of the quality of streams is in conformity with the CITY'S Comprehensive Plan;
Said docurnents(s) were fled for
record by Pac. 'c s:nrthvre,t Title as
Conservation Easement Agreement an ac.nrnrrNia ;c: has not beet,
Page 1 of 5 examined s to pro' r el ,,tt.-;
as to its effect upon! °i z
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
stream or stream buffer areas or the quality of the streams 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 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 Stream 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 Stream Property, and GRANTOR further covenants to take reasonable and necessary
steps to restrict access to the Stream Property and prohibit construction of any structures or
artificial surfaces or alteration of any vegetation within the Stream Property. No activity of
any kind may take place within the Stream Property without the prior approval by the City of
Auburn Director of Planning and Development Department. The CITY shall be permitted to
enter onto the Subject Property at all reasonable times to monitor and maintain the Steram
Property or stream 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 STREAM PROPERTY. GRANTOR shall not undertake, nor
cause to be undertaken any activity or use of the Stream Property which is inconsistent with
the purpose, scope, or intent of this Agreement, nor inconsistent with stream functions such
as: recharge, conveyance, or storage of stormwater; mitigation measures required; and
vegetative enhancement or protection.
Conservation Easement Agreement
Page 2 of 5
6. RESERVED RIGHTS. The GRANTOR reserves to itself all rights, title, interest, and
obligations incident to ownership of the Subject Property and Stream 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 Stream
Property or its stream 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 stream, 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 Stream Property and agrees to pay all
assessments and taxation (if any) against said Stream 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 Stream 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 5
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.
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 5
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date
first written above.
GRANTO A<' GRAN ' S
//di- � .
�'( CITY I -, ii"Pri�,a� u- -'•al corporation
By: Fonpee, LLC By:
Name: Mike Cotter Name: 4 e( 1- L e-k-i i'-S
Title: President Title: N e i eY
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
THIS 1S TO CERTIFY that on this day of ,
�i u 3+ , 201Q before me, the undersigned, a
notary public in and for the State of Washington, du y commissioned and sworn, personally appeared
(n {�E_ L' o'tf'EP-- , to me known to be the manager member that executed the foregoing
instrument and ackkoeJle "0"the,`the,said instrument to be their free and voluntary act and deed for the uses and
purposes therein,ii �i � „ 0(z liti
Q :``�10N ����4I� //!
WITg11 ,0'f iiciafseal the d. • .•• . • the certificate first ab• e wr'tten.
0. tJ►��`' 1 6110 -'1,0 (Print Nam / 77 LLy
///,liii r WAS��-- residing at�Cnd for he eu Waashin on
\��
My appointment expires: II//,f I l
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Peter B.Lewis and Danielle E.Daskam were the persons 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 and CITY CLERK 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/.1-C/(
MLLE E. °,, � �
0 '''',' rat �J�• �i
-!)-Cl x`/'S .s},/`'.y'�% .>InF-i-/ C'/76- 6' , )L,_1' ''Al
• =J -; Notary Public in and for he State of Washington
• 0"s s residing at Al it v�
~''`; '� = My appointment expires /(J 2's 2.4.,- If
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Conservation Easement Agreement
Page 5 of 5
EXHIBIT A
OMEGA-BAJA INDUSTRIAL CONTRACTORS
3705 WEST VALLEY HIGHWAY NW
AUBURN, WA 98001
Tax Parcel No. 0221049098
LEGAL DESCRIPTION
THAT PORTION OF GOVERNMENT LOT 1 AND THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 2,TOWNSHIP 21 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING ON THE EAST LINE OF SAID GOVERNMENT LOT 1 AT A POINT WHICH
IS SOUTH 01° 33'33"WEST, 945.12 FEET FROM THE NORTHEAST CORNER
THEREOF;
THENCE NORTH 89° 17' 33"WEST, 428.00 FEET;
THENCE NORTH 01° 33' 33" EAST, 99.91 FEET TO A POINT ON THE SOUTH LINE OF
THE NORTH 845.12 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 2;
THENCE NORTH 89° 17' 33"WEST,ALONG SAID SOUTH LINE, 652.19 FEET TO A
POINT ON THE EAST LINE OF THE WEST 1,524.60 FEET OF THE NORTHEAST
QUARTER OF SAID SECTION 2;
THENCE SOUTH 01° 05'07"WEST ALONG SAID EAST LINE, 317.86 FEET TO A POINT
ON THE NORTH LINE OF THE SOUTH 1,236.00 FEET OF THE NORTHEAST QUARTER
OF SAID SECTION 2;
THENCE SOUTH 89° 55' 04" EAST ALONG SAID NORTH LINE, 309.58 FEET TO A
POINT ON THE NORTHERLY LINE OF THE M. MARKDAHL ROAD, AS CONVEYED TO
KING COUNTY BY DEED RECORDED IN VOLUME 1167 OF DEEDS, PAGE 133,
RECORDING NUMBER 1592515(ALSO KNOWN AS MEREDITH ROAD OR S. 292ND
STREET);
THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE TO THE EAST LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 2;
THENCE NORTH ALONG SAID EAST LINE 95.00 FEET, MORE OR LESS, TO THE
POINT OF BEGINNING;
EXCEPT THE RIGHT OF WAY OF SECONDARY STATE HIGHWAY NO. 5M (WEST
VALLEY HIGHWAY); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE
CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 9604220946.
PORTION OF GOV'T. LOT 1 Sc THE SE 1 /4 OF THE NE 1 /4
SEC. 02, TWP. 21 N., R. 4 E. W.M.
KING COUNTY, WASHINGTON
L11
I
'.2 Ni-I
I�' NORTH LINE OF PARCEL A
I
I,— LINE TABLE
I`O LINE LENGTH BEARING
w
26.00' , 26.00' L1 34.43 N01'OS'07"E
L2 55.86 N45'40'13"E
ho �
/ L3 19.14 N13'40'59"E
hi t t L4 33.52 N35'27'28"W
L5 63.32 N19'18'30"W
\\� \S\cT L6 41.43 N11'48'16"E
\ I L7 25.69 N16'31'04"W
I I L8 22.22 N17'08'17"E
< I Ie L9 35.26 N01'33'27"W
-J lo IJ L10 16.97 NO3'38'08"E
U 1'' I L11 52.07 S89'17'33"E
ce I o 1 L12 17.27 S03'38'08"W
a
v \ L13 41.46 S01'33'27"E
\ \r L14 15.05 S17'08'17"W
I-L p \\ �n \\ L15 23.08 S16'31'04"E
w \r�, Q. \ L16 40.08 S11'48'16"W
_Z \ Q.
\ L17 41.47 S19'18'30"E
J \ Z \ L18 49.92 S35'27'28"E
I- \ r \\��L19 57.82 S13'40'59"W
\\ \ L20 48.60 S15'43'39"W
c \eA \ L21 74.44 N89'55'04"W
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SEWER EASEMENT ?9,5,,-J
PER REC. NO. / , ISPF� 'y.1
_ 7708010634 „o.°
SOUTH LINE OF i �'�L LAS
L21 / �� PARCEL A ` � j2oia �
POINT OF BEGINNING �'10,....... o•''
SW COR. OF PARCEL A
OMEGA w . &C1
CTS 3705 WEST VALLEY HIGHWAY NW DATE
08.10.10
F„,h..,. AUBURN, WA 98001 SHEET NO.
PAWN 111111
"”-
MUM 111111•11111111 INIM"°"'"°""°"° EXHIBIT B
LEGAL DESCRIPTION FOR STREAM BUFFER EASEMENT
THAT PORTION OF PARCEL A OF CITY OF AUBURN BOUNDARY LINE
ADJUSTMENT NO. BLA07-0009 FILED UNDER RECORDING NO.
20071206900004, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL A,
THENCE NORTH 01°05'07" EAST ALONG THE WEST LINE THEREOF,
34.43 FEET;
THENCE NORTH 45°40' 13" EAST, 55.86 FEET;
THENCE NORTH 13°40'59" EAST, 19.14 FEET;
THENCE NORTH 35°27'28"WEST, 33.52 FEET;
THENCE NORTH 19°18'30"WEST, 63.32 FEET;
THENCE NORTH 11°48'16" EAST,41.43 FEET;
THENCE NORTH 16°31'04"WEST, 25.69 FEET;
THENCE NORTH 17°08'17" EAST, 22.22 FEET;
THENCE NORTH 01°33'27"WEST, 35.26 FEET;
THENCE NORTH 03°38'08" EAST, 16.97 FEET TO A POINT ON THE NORTH LINE
OF SAID PARCEL A;
THENCE SOUTH 89°17'33" EAST ALONG THE NORTH LINE OF SAID PARCEL A,
52.07 FEET;
THENCE SOUTH 03°38'08"WEST, 17.27 FEET;
THENCE SOUTH 01°33'27" EAST,41.46 FEET;
THENCE SOUTH 17°08'17"WEST, 15.05 FEET;
THENCE SOUTH 16°31'04" EAST, 23.08 FEET;
THENCE SOUTH 11°48'16"WEST,40.08 FEET;
THENCE SOUTH 19°18'30" EAST,41.47 FEET;
THENCE SOUTH 35°27'28" EAST,49.92 FEET;
THENCE SOUTH 13°40'59"WEST, 57.82 FEET;
THENCE SOUTH 15°43'39" WEST, 48.60 FEET TO A POINT ON THE SOUTH LINE
OF SAID PARCEL A;
THENCE NORTH 89°55'04" WEST ALONG THE SOUTH LINE OF SAID PARCEL A,
74.44 FEET TO THE POINT OF BEGINNING.
SAID DESCRIPTION CONTAINING AN AREA OF 18,823 SQUARE FEET, MORE
OR LESS.
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