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HomeMy WebLinkAbout20101222000118 DEED OF RIGHT TO USE LAND FOR CONSERVATION PURPOSES 122210 'vVit 'i , y („c\-- ill '1111111111111' AFTER RECORDING RETURN TO: 20101222000118 City Clerk CITY OF AUBURN D 64.00 City of Auburn 12/22/2010F09:57 25 West Main Street KING COUNTY, UA Auburn,WA 98001-4998 DEED OF RIGHT TO USE LAND FOR CONSERVATION PURPOSES The Grantor, City of Auburn, a municipal corporation of the State of Washington, for and in consideration of monies coming in whole or in part from the Habitat Conservation Account of the General Fund of the State of Washington and in fulfillment of terms of the Project Agreement identified below, conveys and grants to the State of Washington individually and as the representative of all the people of the State,the right to use the real property described below forever for conservation purposes. Those purposes are described in the Project Agreement entered into between the Grantor and the State of Washington through the Recreation and Conservation Funding Board entitled Auburn Environmental Mitigation Bank,Project Number 06-1834D, signed by the Grantor on the 7th day of April, 2008, and by the State of Washington Recreation and Conservation Office on the 4th day of March,2008,and Amendment No. 1 to the Project Agreement executed by the Grantor and the State of Washington Recreation and Conservation Office on October 24,2008,and Amendment No.2 to the Project Agreement executed by the Grantor and the State of Washington Recreation and Conservation Office on April 27,2010,and Amendment No.3 to the Project Agreement executed by the Grantor and the State of Washington Recreation and Conservation Office on April 27,2010,and the application and supporting materials which are on file with the Grantor and the State in connection with the Project Agreement. The Grantor will not make or permit to be made any use of the real property described in this deed, or any part of it,which is inconsistent with the right to use for conservation purposes herein granted unless the State, through the Interagency Committee for Outdoor Recreation or its successors, consents to the inconsistent use, which consent shall be granted only upon conditions which will ensure that other conservation land of at least equal fair market value at the time of change of use and of as nearly as feasible equivalent qualities, characteristics and location for conservation purposes for which state assistance was originally granted will be substituted in the manner provided in RCW 79A.25.100 for marine recreation land,whether or not the real property covered by this deed is marine recreation land. RCW 79A.25.100 reads as follows: `Marine recreation land with respect to which money has been expended under RCW 43.99.080 (recodified as RCW 79A.25.080) shall not, without the approval of the committee, be converted to uses other than those for which such expenditure was originally approved. The committee shall only approve any such conversion upon conditions which will assure the substitution of other marine recreation land of at EXCISE TAX :107- REQUIRED `FUE (' `.ac -.is Divis cr Page 1 BYE Deputy least equal fair market value at the time of conversion and of as nearly as feasible equivalent usefulness and location." The real property covered by this deed is described as follows: The real property and all improvements thereon located in the City of Auburn, County of King,Washington, at the common address of 801 15th Street Northwest, Auburn, Washington (King County Tax Parcel No. 1221049009) which is legally described as follows ("Property"): The northeast quarter of the southwest quarter of Section 12, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT that portion condemned for State Highway under King County Superior Court Cause Number 718093 and conveyed to the City of Auburn by Governor's Deed recorded under King County Recording number 7402270280; AND EXCEPT portion for Railroad Right of Way as established by instruments recorded under Auditor's File Nos. 214685 and 220487; SUBJECT TO the Drainage Easement granted to the State of Washington by the City of Auburn,recorded under King County Recording number 2010 i 2_22_0©0 This deed shall in no way modify or extinguish the functions of the Grantor under the Project Agreement, including the Grantor's functions to operate and maintain the land as set out in the Project Agreement. Dated this cCu day of �� , 20/,1 . GRANTOR Peter B. Lewis, Auburn Mayor Danielle Daskam, Auburn City Clerk STATE OF WASHINGTON ) ) :ss COUNTY OF KING ) ON THIS day of iCe C A' cj , 20 /c; before me, personally appeared Peter B. Lewis and Danielle Daskam,to me known to be the Mayor and City Clerk,respectively,of the Grantor, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation,for the Page 2 uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. WITNESS my hand and official seal hereto the day and year in this certificate first above written. r i - 4 krzrt. (CI) 04, Notary Pu is in and for the 'Ate of Washington, t. residing at / - ( My Appointment Expire 0 ' /� Page 3