HomeMy WebLinkAbout20240116000005 Conservation Easement AgreementInstrument Number: 20240116000005 Document:EAS Rec: 5310.50 Page -1 of 8
Record Date:1/16/2024 8:02 AM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY PAUL JUNG, DEPUTY
Return. Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this luie reserved for recording information.
CONSERVATION EASEMENT AGREEMENT
(for wetland, wetland buffers, stream, and stream buffers)
Reference # (if applicable): N/A
Grantor/Borrower: Timofey and Natalya A. Chegarnov
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: Section 2 Township 21 Range 4 East
Assessor's Tax Parcel ID#: 928620-0040
THIS CONSERVAIJON EASEMENT AGREEMENT (the "Agreement") is made and entered into this
dayof,lAqUAPY 202t, by and between TIMOFEY AND NATALYA A. CiIEGARNOV,
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 and stream conservation easement (the "Conservation Easement") with respect to certain wetland,
wetland buffer, stream and stream buffer areas legally described on Exhibit `B' attached hereto and
incorporated herein by reference (the "Wetland and Stream Property") located on the Subject Property;
WHEREA.S.. it is mutually agreed that this Agreement be entered into to preserve the quality of wetland
and streams for the benefit of public health, safety, and welfare;
WHEREAS, it is mutually agreed that preservation of the quality of wetland and stream areas are essential
to maintaining a quality environment, maintaining quality water resources, and the preservation of wildlife,
and that preservation of the quality of wetlands and streams are in conformity with the CITY'S
Comprehensive Plan;,
WIIEREAS, GRANTOR has received consideration for granting this Conservation Easement, which
considerationhas a long-ternz benefit to the GRANTOR and the GRANTOR'S Subject Property; and
Conservation. Easement Agreement
Page l of 8
Instrument Number: 20240116000005 Document:EAS Rec: 5310.50 Page -2 of 8
Record Date:1/16/2024 8:02 AM King County, WA
WfIEREAS, 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 and stream, and associated buffer areas or the quality of the wetland and stream, and associated
buffers 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 Wetland and 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 Wetland and Stream Property, and GRANTOR further covenants
to take reasonable and necessary steps to restrict access to the Wetland and Stream
Property and prohibit construction of any structures or artificial surfaces or alteration of
any vegetation within the Wetland and Stream Property. No activity of any kind may
take place within the Wetland and stream Property without prior approval by the City of
Auburn Director of Planning and Community Development. The CITY shall be
permitted to enter onto the Subject Property at all reasonable times to monitor and
maintain the Wetland and Stream Property or wetland and 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 WETLAND AND STREAM PROPERTY. GRANTOR shall
not undertake, nor cause to be undertaken any activity or use of the Wetland and Stream
Property which is inconsistent with the purpose, scope, or intent of this Agreement, nor
inconsistent with wetland and stream functions such as: recharge, conveyance, or storage
of stormwater; mitigation measures required; and vegetative enhancement or protection.
Conservation Easement Agreement
Page 2 of 8
Instrument Number: 20240116000005 Document:EAS Rec: 5310.50 Page -3 of 8
Record Date:1/16/2024 8:02 AM King County, WA
6. RESERVED RIGHTS. The GRANTOR reserves to itself all rights, title, interest, and
obligations incident to ownership of the Subject Property and Wetland 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 Wetland and Stream Property or its wetland and stream functions, 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 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 Wetland and Stream Property and
agrees to pay all assessments and taxation (if any) against said Wetland and 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 Wetland and 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 8
Instrument Number: 20240116000005 Document:EAS Rec: 5310.50 Page -4 of 8
Record Date:1/16/2024 8:02 AM King County, WA
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 affect 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 8
Instrument Number: 20240116000005 Document:EAS Rec: 5310.50 Page -5 of 8
Record Date:1/16/2024 8:02 AM King County, WA
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first
written above.
-y-
, Z
(7-,
V
Name:
IV 47771 /L YA?
k21V6
Title: 0"Lu
STATE OF WASHINGTON
ss.
COUNTY OF KING
CITY OF AUBURN an(�n. . I ,oorporation
"icip#,
By:
Name:
Title: '2w(-UJUV of- '1�1-iuff(7,1
�'p CVavrltz o\r'
THIS IS TO CERTIFY that on this t day of. 6 ' L 2 a
before me, the undersigned, a
id for the State of Washington, duly co nnptary public in �SSioned sworn, personally appeared
�04,j <� (Jz2 j\/,j &-jA-Y 'j)Wtovie known tobethe (2,Cj� O� )(-1hff5 that executed the
fi6regoifig Instrument an 4 hckfi7owlejged the said instrument t it fr-e and Muntary act , and deed for the uses
and purposes therein mentioned.
I seal the day and year of the certificate first above written,
Oc
Notary Pub is in d foiS to of
C
res: r=L)
My appointment expires:—j LLL -4
STATE OF WASHINGTON)
)ss.
County of King
I certify that I know or have satisfactory evidence that 13ASOwtA is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was
'T V 0
authorized to execute the instrument and aclmowledged 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.
Dated C> t 1 A ,
g
A9
Notary Public in and for the State of Washington
t4o.i
(p
residing at t C SpA r
My appoinj!2��S XOes h U G U ST
Conservation Easement Agreement
Page 5 of 8
Instrument Number: 20240116000005 Document:EAS Rec: 5310.50 Page -6 of 8
Record Date:1/16/2024 8:02 AM King County, WA
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 4, OF WEST VALLEY HEIGHTS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 76 OF PLATS, PAGE 88, IN THE COUNTY OF KING, STATE
OF WASHINGTON.
SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND
ENCOMBERANCES, IF ANY, AFFECTING TITLE, WHICH MAY APPEAR IN THE
PUBLIC RECORD, INCLUDING THOSE SHOWN ON ANY RECORDED PLAT OR.
SURVEY.
Conservation Easement Agreement
Page 6 of 8
Instrument Number: 20240116000005 Document:EAS Rec: 5310.50 Page -7 of 8
Record Date:1/16/2024 8:02 AM King County, WA
EXHIBIT "B"
CONSERVATION EASEMENT DESCRIPTION
THAT PROTION OF LOT 4, OF WEST VALLEY HEIGHTS, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 76 OF PLATS, PAGE 88, IN THE COUNTY OF
KING, STATE OF WASHINGTON LYING SOUTHERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 4, S 26038'23" W
58.57 FEET FROM THE NORTHWEST CORNER THEREOF;
THENCE S 60"57'09" E 20.96 FEET TO THE BEGINNING OF A NONTANGENT CURVE
TO THE LEFT, THE RADIUS POINT OF WHICH BEARS N 57-09'22" E 12.00 FEET;
TI-IENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 12.00 FEET;
THENCE N 89°51'37" E 46.12 FEET TO THE BEGINNING OF A TANGENT CURVE TO
THE LEFT, THE RADIUS POINT OF WHICH BEARS N 00008'23" W A DISTANCE OF
12.04 FEET;
THENCE N 17049'55" E 4.13 FEET;
THENCE N 01033'35" E 5.10 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT
4, S 24-17'23" E 54.55 FEET FROM THE NORTHEAST CORNER THEREOF AND THE
TERMINUS OF SAID LINE.
SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND
ENCOMBERANCES, IF ANY, AFFECTING TITLE, WI-IIClI MAY APPEAR IN THE
PUBLIC RECORD, INCLUDING THOSE SHOWN ON ANY RECORDED PLAT OR
SURVEY.
Conservation Easement Agreement
Page 7 of 8
Instrument Number: 20240116000005 Document:EAS Rec: 5310.50 Page -8 of 8
Record Date:1/16/2024 8:02 AM King County, WA
58TH PLACE SOUTH
A40.00'
R45.00'
N
fV`O T I MOFEY CHEGARNOV
CO 29220 68th PLACE SOUTH
PARCEL No. 928620-0040
`� <r LOT 4 WEST VALLEY HEIGHTS �' 1
L2"
75.0 WETLAND BUFFER
50.0'STREAM BUFFER
J ( 0' 30' 60' 90'
A
o
M3
6 93 A7
L LAtJO 2606 E, MAIN, PUYALLUP WA 98372
MAIL: PO 8OX 731909 PUYALLUP, WA 98373
PHONE: 0-579-6632