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Home My WebLink About20140606000414 CONSERVATION EASEMENT AGREEMENT 5/19/2014Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 TVA. ti T',,X E`,0TRY T'r;D BY�O�Zcapuy Above this line reserved for CONSERVATION EASEMENT AGREEMENT (for critical slope areas) City of Auburn Reference Numbers: BLA13 -0006 Reference # (if applicable): N/A Grantor /Borrower Ervin A and lone J. Wicklund Grantee /Assignee /Beneficiary City of Auburn Legal Description /STR: NE and NW' /<S05— T21N —R5E Assessor's Tax ParcelID# 0521059176 THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement ") is made and entered into this day of 2014, by and between Ervin A and lone J. Wicklund, and Sterling Savings Bank, 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" 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 GRANTORS or the representative of GRANTORS executing this Agreement has the authority to burden the Subject Property for the purpose of granting the CITY a perpetual non - exclusive conservation easement (the "Conservation Easement ") with respect to certain critical slope areas legally described on Exhibit 'B' and depicted on Exhibit 'C' attached hereto and incorporated herein by reference (the "Conservation Easement ") located on the Subject Property; WHEREAS, it is mutually agreed that this Agreement be entered into to preserve the critical slope area for the benefit of public health, safety, and welfare; WHEREAS, it is mutually agreed that preservation of the critical slope area is essential to maintaining a quality environment, maintaining environmental resources, and the preservation of wildlife, in conformity with the CITY'S Comprehensive Plan; Conservation Easement Agreement Pagel of 7 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; 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 and burden the property legally described in Exhibit '13' attached hereto. 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 CITY shall be permitted to enter onto the Subject Property at all reasonable times and in reasonable manners to maintain and /or enhance CITY public works facilities located on or adjacent to the Subject Property 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. PREVIOUS CONSERVATION EASEMENT UNAFFECTED Nothing in this Conservation Easement affects, amends, or deminishes any obligations or rights of any prior conservation easements executed or related to the Subject Property 6. RESERVED RIGHTS. The GRANTOR reserves to itself all rights, title, interest, and obligations incident to ownership of the Subject 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 either party determines that the other party 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 cure any breach by GRANTOR of this Agreement, 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 Conservation Easement Agreement Page 2 of 7 agree otherwise. 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 either party to exercise or enforce any of their rights under this Agreement or to enforce any breach hereof, nor any forbearance granted by the such party, shall be deemed or construed as a waiver by such party of such rights or a discharge of liability for any breach by the other party of the terms hereof Nor shall any delay by a party 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 party'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 Subject Property and agrees to pay all assessments and taxation (if any) against said Subject 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 arising from or in connection with this Agreement including, without limitation, the Subject Property but only to the extent caused in whole or part by the negligent acts or omissions of the GRANTOR. The CITY agrees to hold harmless, 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, reasonable attorney's fees, caused in whole or part by the negligent acts or omissions of the CITY arising from or in any way connected with any claim or cause of action arising from or in connection with this Agreement including, without limitation, the Subject Property 11. RECORDATION 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. Conservation Easement Agreement Page 3 of 7 GRANTEE. CITY OF AUBURN, a municipal corporation 1 / STATE OF WASHINGTON ) )ss. COUNTY of KING ) 5.19.14 Dated I certify that I know or have satisfactory evidence that Nancy Backus 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 Mayor 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 S p£u Z' AI i N •� 'aU6�� G,� h0 /Z I 91s Ipqu�o��` �\ S' III OF %%%% Py o DU/ File: BLA13 -0006 Conservation Easement Agreement Page 4 of 7 i1 i N Notary Public in and for the State of Washington residing at My appointment expires GRANTOR(S): Ervin A. and lone J. Wicklund STATE OF WASHINGTON COUNTY of KING By. �F, 6 Ldl Ervin A.�Wi'cklu'n/d IoneJ W(cklund )ss. Sj /slzo /y Dated 5- is -JOI Dated I certify I have know or have satisfactory evidence that GYVI 1Y `i lyu U L�I(/r� IAVrEY and k _ s /the person(s) who appeared before me, and said person(s) ackKowledged that he /she /they signed this instrument on oath stated that he /she /they was /were authorized to execute the instrument and acknowledge as the and of a limited liability company, to be thefree and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated " _�GC1��,ysa'n B 'f, 1,�/'� i k AGa 2 O_ 5,,,l Gam, /z�ft Op WASH \�.� 11111 \ \ \� \\\��\• Conservation Easement Agreement Page 5 of 7 Notary Public in am: residing at My appointment ex GRANTORS) Sterling Savings Bank Beneficiary of Deed of Trust Rec.No 20111122001481 By it 4� TITLE. Lending Support Director, V:P Lauri Mathews STATE OF IA�LSL�tv�ukey. ) )ss. COUNTYofTktwn> - ) Dated I certify I have know or have satisfactory evidence that Lfx.uY1 Ma A-tcw -5 is the person(s) who appeared before me, and said person(s) acknowledged that he /she /they signed this instrument on oath stated that he /she /they was /were authorized to execute the instrument and acknowledge as the and of a limited liability company, to be thefree and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated Conservation Easement Agreement Page 6 of 7 Notary Public State of Washington MORGAN L MCGEE My Appointment Expires May 8. 2014 `1 f 1 I ol"i en Z - W LAL Notary Publ c in and for the State of residing at -P— My appointment expires EXHIBIT'A' Subject Property Legal Description THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF KING, CITY OF AUBURN, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS. TRACT "B" OF KING COUNTY SHORT PLAT NUMBER L9750023, RECORDING NUMBER 20001205900009, RECORDS OF KING COUNTY, WASHINGTON EXHIBIT'B' Conservation Easement Property Legal Description THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF KING, CITY OF AUBURN, STATE OF WASHINGTON TRACT "B" OF KING COUNTY SHORT PLAT NUMBER L9750023, RECORDING NUMBER 20001205900009, RECORDS OF KING COUNTY, WASHINGTON, EXCEPT THAT PORTION OF SAID TRACT "B" LYING WEST OF THE FOLLOWING DESCRIBED LINE. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT "B ", THENCE S 89 °52'52" E, ALONG THE SOUTH LINE OF SAID TRACT "B ", 249.07 FEET, THENCE N 00 °07'08" E, 113.33 FEET, THENCE N 24 °04'00" E, 67.97 FEET, THENCE N 46 °56'00" E, 144 08 FEET, THENCE N 15 °05'00" E, 62.31 FEET, THENCE N 03 °53'00" W, 43.73 FEET, THENCE N 15 °34'00" W, 49.58 FEET, THENCE N 02 °31'00" E, 87 02 FEET, THENCE N 06 °37'00" W, 86.13 FEET TO THE NORTH LINE OF SAID TRACT "B" AND THE TERMINUS OF SAID LINE. Conservation Easement Agreement Page 7 of 7 TRACT B L N 06'37'00" W� 86.13' N 02'31'00" Ems. 87.02' N 15'34'00" W- 49.58 N 03'53'00" W� 43.73' S 15'05'00" W� 62.31' s 46.56'0 0 " W 1 .084' N 24'04'00E 67.9 �/ N 00'07'08" 1 " =200' 113.33 / EXHIBIT'C' iiiiiiiiii %%/ AREA OF EASEMENT/ �N 89'52'52" W 1071 POINT OF BEGINNING POINT OF COMMENCEMENT