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Home My WebLink About20150918000614 CONSERVATION EASEMENT AGREEMENT 04/30/2015 -Trr'c"r A� &IN w I �1 J N tl-oS Return Address: City of Auburn City Auburn,rWAn98001 III VIII III illII II 11111IIIII 20150918000614 FIRST AMERICAN EAS 79.00 EXCISE Thy �� ❑ �1 f1 PAGE-001 OF 008 EXCISE 1A NO REQUIr7D KINGBCOUNTY, WA King Co. Recd ds Division By / t�eptn, Above this line reserved for recording information. CONSERVATION EASEMENT AGREEMENT (for wetland and wetland buffer areas) Reference#(if applicable): N/A Said documents wore fled a Grantor: The Seasons I, LLC record as an accommodation only. It has not been examined as to proper execution or as to its affect Grantee/Assignee/Beneficiary: City of Auburn Won title. Legal Description/STR: A portion of the SW 1/4,NE Y, Section 9,Township 21 N, Range 5 E Assessor's Tax Parcel ID#: 765250-0000 • THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this ��day of /Teri I , 2067 by and between The Seasons 1, 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 wetland conservation easement (the "Conservation Easement") with respect to certain wetland and wetland buffer areas legally described on Exhibit `B' 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; 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 Conservation Easement Agreement Page I of 5 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: I. 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 Wetland 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 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. 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. 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 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. 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 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 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 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 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, 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 Wetland 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 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. vtS T, I-L C GRANTOR. 'fI9C Sao GRANTEE: fir.Tnc awns y M rizow e t LL =TS fttc J /n,y, /fllhIli /, / CITY OF AUBURN a municipal corporation By: �C— .a By: i s.-,t ratst Name: Th.om4s Nu&.\oeta er Name: CAAvi51• er -a . Fs-t44evS -tA-_ Title: M(...W \Dt Title: Enuirahw.e„}Ad '€.evvlers Mao ory. STATE OF WASHINGTON ) J )ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this J2%ti day of rnaf-ck , 2015;before me, the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared -.7),o its 1• e-k‘Do e'.r , to me known to be the individual that executed the foregoing instrument and acknowledged the said instrument to be their free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand al .-> +.• '.Ny ie day and year of t the certific to first above written. //Ott [[/ 11 (Print N te) ACC oN0' J, o$ icier. m CO//'n5 ` . 7° e) A5 � Notary Public in nd for the tate of Washington 1 (0.. ,rte residing at Ke Jn-.on e 1. iT4Tr OF �P51 My appointment expires: S �l1As STATE OF WASHINGTON y� �� )ss. COUNTY OF KING ) _ THIS IS TO CERTIFY that on this GY�lay of / , 20/before me, the undersigned, a not,..r public in id f9�jhe ate of Washington, dul' commissioned and sworn, personally appeared o,, j....t. . 61*.- l�e7.zd0 me known to be the individual that executed the foregoing i strument and acknowl ged the said instrument to be their free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year of the certificate first above written. `Nqu 1\11111. 'bait i, ",,, / . '-9 42. !C/SS kiteM46/44 /'{/y _ (Print .*.�_i�J ES_ •: .ry Publi 'n.,lrjror the .tateo 4.s '.•to•r O residing at / _ . f pUS1� My appointment expires: - :757— Air Si 1 &CM. d II WC OF WS:,��: Conservation Easement Agreement Page 5 of 5 ' EXHIBIT A SUBJECT PROPERTY LEGAL DESCRIPTION COMMERCIAL UNIT A-1, COMMERCIAL UNIT A-2 AND THE RESIDENTIAL UNIT OF THE SEASONS, A CONDOMINIUM, ACCORDING TO THE DECLARATION THEREOF RECORDED UNDER RECORDING NUMBER 20061220001091 AND THE SURVEY MAP AND PLANS RECORDED UNDER RECORDING NUMBER 20061220001090, IN KING COUNTY,WASHINGTON;TOGETHER WITH SUCH UNITS' UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS AND ALL OTHER RIGHTS AND INTEREST APPURTENANT TO SAID UNIT AS DESCRIBED IN SAID CONDOMINIUM DECLARATION. EXHIBIT B CONSERVATION EASEMENT LEGAL DESCRIPTION THAT PORTION OF THE SEASONS,A CONDOMINIUM AS RECORDED IN VOLUME 226 OF CONDOMINIUMS,AT PAGES 77-79, UNDER RECORDING NUMBER 20061220001090, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE SOUTHWEST CORNER OF SAID CONDOMINIUM; THENCE NORTH 89°54'55" EAST ALONG THE SOUTH LINE THEREOF 385.75 FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTH 0°04'55" WEST 96.48 FEET;THENCE NORTH 12°00'42" WEST 198.61 FEET;THENCE NORTH 0°13'57" WEST 60.95 FEET;THENCE SOUTH 89°52'59" WEST 16.73 FEET;THENCE NORTH 4°48'29" WEST 15.95 FEET;THENCE NORTH 00°00'00 EAST 187.26 FEET; THENCE NORTH 10°26'27" EAST 11.51 FEET;THENCE NORTH 0°05'05" WEST 55.10 FEET TO THE NORTH LINE OF SAID CONDOMINIUM AND THE END OF THIS DESCRIBED LINE. 404 ns, ..'4. eit Oj b\ . , o°'• 3331 Exiiii 4114. 1i 5-- N 89'56'10" E ,.'� 337.51' a CO Z L2�'� TAG TABLE q TAG # LENGTH DIRECTION/DELTA RADIUS N ro o LS L1 55.10 N 00'05'05" W = L4 ,..1 L2 11.51 N 10'26'27" E Q I * r II L3 187.26 N 00'00'00" E CONSERVATION rn I EASEMENT AREA �1 L4 15.95 N 04'48'29" W L5 16.73 N 89'52'59" E N '4 j 1 i L6 60.95 N 00'13'57" W N L7 198.61 N 12'00'42" W I L8 96.48 N 00'04'55" W �I 385.75' N 89'54'55" E SE 3 12TH ST. - - f\O4• RWg Sy 6 h � � o0,1, Scale 1 =200 t •.v - 1 SW1/4, NE1/4, SEC. 9, TWP. 21N., RGE. 5E., W.M. moo• 35145 ,c) • Mead Gilman & Assoc. 'e**-NI ST EE;�:�JE,� M G TONAL LANO S Professional Land Surveyors %EXPIRES: 5/19/6' 03,11 & A P.O. BOX 289, WOODINVILLE, WA 98072 PHONE: (425) 486-1252 FAX: (425) 486-6108 JOB NO. 06088