HomeMy WebLinkAbout20240403000086 Conservation Easement AgreementInstrument Number: 20240403000086 Document:EAS Rec: 5312.50 Page -1 of 10
Record Date:4/3/2024 8:24 AM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY HOLLY FERGUSON, DEPUTY
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
CONSERVATION EASEMENT AGREEMENT
(for wetlands and wetland buffers)
Reference # (if applicable): N/A
Grantor/Borrower: DUNYELE MASON AND JEREMIAH MASON
Grantee/Assignee/Beneficiary: CITY OF AUBURN
Legal Description/STR: SE 'A Section 32 Township 22N Range 5E
Assessor's Tax Parcel ID#: 3222059084
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this
day of , 2024, by and between DUNYELE MASON AND JEREMIAH
MASON, 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 `C' 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 wetlands and wetland
buffer areas legally described on Exhibits `A', B', and `B-1' 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 wetland 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 are 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 1 of 10
Instrument Number: 20240403000086 Document:EAS Rec: 5312.50 Page -2 of 10
Record Date:4/3/2024 8:24 AM King County, WA
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 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 wetlands, 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.
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.
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 3 of 10
Instrument Number: 20240403000086 Document:EAS Rec: 5312.50 Page -3 of 10
Record Date:4/3/2024 8:24 AM King County, WA
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
wetlands and associated buffer areas or the quality of the wetlands 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 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 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 Property or wetland 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 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.
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.
Conservation Easement Agreement
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Instrument Number: 20240403000086 Document:EAS Rec: 5312.50 Page -4 of 10
Record Date:4/3/2024 8:24 AM King County, WA
EXECUTED as of the date first written above.
Grantor's Ati thorized Signature
Grantor's uthorized Signature
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that and .,� e
_ is/are the person(s) who appeared before me, and said individuals) acknowledged that they signed this
instrument and acknowledged it to be their tree and voluntary act for the uses and purposes mentioned in
this instrument.
r
Dated 0 5 - 3 ') .. 0 1-.
MAGDALENA MORENO
Notary Public
State of Washington
Commission ff 195190
My Comm. Expires Oct 23, 2025
Conservation Easement Agreement
Page 4 of 10
0t.. CA q�" rot k. 1.4.,J Y'-f,`'"t. �`•"�
(Print Name)
Notary Ptbfic in and for le State of Washington
residing at VN. i n(,� C00 i11VA..c 1
My appointment expires: i r
Instrument Number: 20240403000086 Document:EAS Rec: 5312.50 Page -5 of 10
Record Date:4/3/2024 8:24 AM King County, WA
CITY OF AUBURN
(Print Name)
Director of the Department of Community Development Date
STATE OF WASHINGTON
)ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that 'Jksot4 KRUtA is the
person who appeared before me, and said person acknowledged that lie signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the Director of the
Department of Community Development of the CITY OF AUBURN to be the free and voluntary act of
such party for the uses and purposes mentioned in this instrument.
Conservation Easement Agreement
Page 5 of 10
Instrument Number: 20240403000086 Document:EAS Rec: 5312.50 Page -6 of 10
Record Date:4/3/2024 8:24 AM King County, WA
EXHIBIT "A"
AIMMU
A PORTION OF NEW PARCEL A, CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO, 13LA 22-
0010, FILED UNDER RECORDING NO, 20221207900002, RECORDS OF KING COUNTY WASHINGTON,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF AFOREMENTIONED NEW PARCEL A;
THENCE NORTH 01.055'49" EAST ALONG THE WEST LINE THEREOF, A DISTANCE OF 5.00
FEET;
THENCE LEAVING SAID WEST LINE SOUTH 85"5842" EAST, A DISTANCE OF 112.68 FEET TO
THE BEGINNING OF A. CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 40.00
FEET AND A CENTRAL ANGLE, OF 73042'03" AND BEING SUBTENDED BY A CHORD WHICH
BEARS NORTH 40057'18" EAST 47,98 FEET AND THE TRUE POINT OF BEGINNING;
THENCE NORTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 51,45 FEET,
THENCE NORTH 77048'19" EAST TANGENT TO SAID CURVE, A DISTANCE OF 32.26 FEET TO
THE BEGINNING OF A CURVE TANGENT TO SAID LINE;
THENCE EASTERLY A DISTANCE OF 7,82 FEET ALONG THE CURVE CONCAVE TO THE
SOUTH, HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 11-12-01";
THENCE NORTH 89"00'20" EAST TANGENT TO SAID CURVE, A DISTANCE OF 18.84 FEET;
THENCE NORTH 76029'12" EAST, A DISTANCE OF 16.55 FEET TO THE BEGINNING OF A
CURVE TANGENT TO SAID LINE;
THENCE EASTERLY A DISTANCE OF 22,51 FEET ALONG THE CURVE CONCAVE TO THE
SOUTH, HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 32'14'24";
THENCE SOUTH 71016'24" EAST TANGENT TO SAID CURVE, A DISTANCE OF 639 FEET;
THENCE NORTH 8405745" EAST, A DISTANCE OF 14.95 FEET TO THE BEGINNING OF A
CURVE TANGENT TO SAID LINE;
THENCE SOUTHEASTERLY A DISTANCE OF 69.16 FEET ALONG THE CURVE CONCAVE TO
THE SOUTHWEST, HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 99'03'33";
THENCE SOUTH 04001'18" WEST TANGENT TO SAID CURVE, A DISTANCE OF 17.21 FEET;
THENCE NORTH 85"5842" WEST, A DISTANCE OF 191.48 FEET TO THE POINT Or
BEGINNING;
AND
COMMENCING AT THE SOUTHWEST CORNER OF AFOREMENTIONED NEW PARCEL A;
THENCE NORTH 01055'49" EAST ALONG THE WEST LINE THEREOF, A DISTANCE OF 81.25
FEET TO A POINT OF CUSP ON A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF
60.01 FEET AND A CENTRAL ANGLE OF 75054'10" AND BEING SUBTENDED BY A CHORD
WHICH BEARS NORTH 89052'24" EAST 73.81 FEET AND THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WEST LINE, NORTHEASTERLY ALONG SAID CURVE, A DISTANCE
OF 79,50 FEET;
THENCE NORTH 51 °54'30" EAST, A DISTANCE OF 15.53 FEET TO THE BEGINNING OF A
CURVE TANGENT TO SAID LINE;
THENCE NORTHEASTERLY A DISTANCE OF 10.82 FEET ALONG T14E CURVE CONCAVE TO
THE NORTHWEST, HAVING A RADIUS OF 60.01 FEET AND A CENTRAL ANGLE OF 10°19'42";
THENCE NORTH 41034'49" EAST TANGENT TO SAID CURVE, A DISTANCE OF 24.49 FEET TO
THE- BEGINNING OF A CURVE TANGENT TO SAID LINE;
THENCE NORT14EASTERLY A DISTANCE OF 5.46 FEET ALONG THE CURVE CONCAVE TO
THE NORTHWEST, 14AVING A RADIUS OF 60.01 FEET AND A CENTRAL ANGLE OF 5-I3'00";
THENCE SOUTH 57047'22" EAST, A DISTANCE OF 4,30 FEET TO THE BEGINNING OF A CURVE
TANGENT TO SAID LINE;
Page 1 of 2
Instrument Number: 20240403000086 Document:EAS Rec: 5312.50 Page -7 of 10
Record Date:4/3/2024 8:24 AM King County, WA
THENCE SOUTHEASTERLY A DISTANCE OF 87.44 FEET ALONG THE CURVE CONCAVE TO
THE NORTH, HAVING A RADIUS OF 60.01 FEET AND A CENTRAL ANGLE, OF 83029(10" TO A
POINT OF CUSP ON A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 33011,551,
EAST;
THENCE SOUTHEASTERLY A DISTANCE OF 112,30 FEET ALONG THE ARC OF SAID CURVE
CONCAVE TO THE NORTH HAVING A RADIUS OF 60,01 FEET AND A CENTRAL ANGLE OF
107'13'01";
THENCE NORTH 15058'54" EAST TANGENT TO SAID CURVE, A DISTANCE OF 26,49 FEET TO
THE BEGINNING OF A CURVE TANGENT TO SAID LINE;
THENCE NORTHERLY A DISTANCE OF 10.25 FEET ALONG THE CURVE CONCAVE TO THE
WEST, HAVING A RADIUS OF 60.01 FEET AND A CENTRAL ANGLE OF 9147'01";
THENCE NORTH 60034'07" EAST, A DISTANCE OF 16.9 8 FEET;
THENCE NORTH 58050'22" EAST, A DISTANCE OF 27.86 FEET TO THE BEGINNING OF A
CURVE TANGENT TO SAID LINE;
THENCE NORTHEASTERLY A DISTANCE OF 63.79 FEET ALONG THE CURVE CONCAVE TO
THE NORTHWEST, HAVING A RADIUS OF 61.00 FEET AND A CENTRAL ANGLE OF 59-54'45";
THENCE NORTH 01 "04'22" WEST TANGENT TO SAID CURVE, A DISTANCE OF 25.73 FEET TO
THE BEGINNING OF A CURVE TANGENT TO SAID LINE;
THENCE NORTHERLY A DISTANCE OF 6.32 FEET ALONG THE CURVE CONCAVE TO THE
WEST, HAVING A RADIUS OF 61.00 FEET AND A. CENTRAL ANGLE OF 5'56'21 ";
THENCE NORTH 07000'43" WEST TANGENT TO SAID CURVE, A DISTANCE OF 71.56 FEET TO
THE NORTH LINE OF SAID NEW PARCEL A;
THENCE NORTH 88016'42" WEST ALONG THE NORTH LINE THEREOF, A DISTANCE OF 119.77
FEET;
THENCE LEAVING SAID NORTH LINE, SOUTH 02-56'38" EAST, A DISTANCE OF 66.71 FEET;
THENCE SOUTH 69018-00" WEST, A DISTANCE OF 14.08 FEET;
THENCE SOUTH 55020'17" WEST, A. DISTANCE OF, 40.71 FEET;
THENCE- SOUTH 54020'22" WEST, A DISTANCE OF 32.65 FEET,
THENCE SOUTH 58053'53" WEST, A DISTANCE OF 6.67 FEET;
THENCE NORTH 88038'56" WEST, A DISTANCE OF 7.34 FEET;
THENCE SOUTH 77043'44" WEST, A DISTANCE OF 22,58 FEET;
THENCE SOUTH 80014'17" WEST, A DISTANCE OF 32.51 FEET;
THENCE SOUTH 80030'23" WEST, A DISTANCE OF 17,33 FEET;
THENCE SOUTH 88028'38" WEST, A DISTANCE OF 7.87 FEET;
THENCE NORTH 79028-09" WEST, A DISTANCE OF 16,25 FEET;
THENCE NORTH 89020'33" WEST, A DISTANCE OF 30.32 FEET;
THENCE SOUTH 64049'32" WEST, A DISTANCE OF 7,73 FEET;
THENCE NORTH 81047'25" WEST, A DISTANCE OF 13.63 FEET TO THE WEST LINE OF SAID
NEW PARCEL A;
T14ENCE SOUTH 0105540" WEST ALONG SAID WEST LINE,
A DISTANCE OF 174.24 FEET TO THE POINT OF
BEGINNING.
SITUATE IN TILE CITY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON.
CONTAINING 72,966 SQ. FT., MORE OR LESS,
E N G I N E E R I N G - L L C
4706 97th Street Northwest, Suite 100, Gig Harbor, WA 98335, ph 253-857-5454,
Page 2 of 2
fax 253-509-0044
Instrument Number: 20240403000086 Document:EAS Rec: 5312.50 Page -8 of 10
Record Date:4/3/2024 8:24 AM King County, WA
EXHIBIT "B
CONSERVATION EASEMENT
S88*16'42'E 997.15'
224.20' 119.77'
I �
*� I
CU
Cul
60' BUFFER L
28 L20 �ti0
� � I
L26 L24
x.25 23 WETLANp EASEMENT ,� I C
AREA 63961 SG•FT.+/ G 9
X.- x �?
xuCY) En
:q CIQ
U n\
NEW PARCEL A !SBB'2031 "E
CITY OF AUBURN I 3 .00'
C5� BOUNDARY LINE ADJUSTMENT
NO.BLA 22--0010
TRUE POINT
OF BEGINNING G2 C3 L5
TRUE POINT q L Cq C
OF BEGINNINWETLAND EASEMENT AW I
Cy AREA 9O4SG, T +/ U�F� g9'
41-
POINT OF COMMENCEMENT N85
SOUTHEAST 281ST STREET
En
NOT TO SCS
SEE EXHIBIT B-1
FOR DIMENSIONS
OUR
E N G I N E E R I N G- L L C
CIVIL ENGINEERSNSURVEYORSMLAND PLANNERS
4706 07th Street NW, SUA9 100, Gig Harbor, WA 98835
Phone: 253•-857-5454 Fax: 253•-509--0044 info@contourpllc.com
JOB 21-154
Instrument Number: 20240403000086 Document:EAS Rec: 5312.50 Page -9 of 10
Record Date:4/3/2024 8:24 AM King County, WA
EXHIBIT "B-1"
CONSERVATION EASEMENT
LINE CHART: CURVE CHART:
LINE
BEARING
DISTANCE
L1
N77'48'19"E
32.26`
L2
NB9'00'20"E
18.84'
L3
N76'29'12"E
16.55'
L4
S71'16'24"E
6.39'
L5
N84'57'45"C
14,9'5'
L6
SO4'01'18"W
17,21'
L7
N51'54'30"E
15.53'
LB
N41'34'49"6
24.49'
L9
S57'47'22"E
4,30'
L10
N15'58'54"E
26.49'
L11
N60"34'07"E
16:98'
L12`
N58'50'' 2"E
27.86'
L13
N01'04'22"W
25,73'
L14
N07'00'43"W
71,56'
L15
"S02'56'38"E
66.71'
L16
S69 "18'00"W
14.08'
L17
'S55'20'17' "W
40,71'
LAB
'$54'20'22"W
32,65'
L19
S5B'53`53"W
6.67'
L20
N88'38'56"W
7.34'
L21
577'43'44"W
22.58'
L22
SBO"14'47"W
32,61'
L23
SB0'30'23"W
17.33'
L24
588'28'38"W
7.87'
L25
N79'28'09"W
16.25'
L26
N89'20'33"W
30.32'
L27
S64'4932"W
7.73"
L28
NB1'47'25'^W
13,62,
CURVE
ARC
PELTA
RADIUS
C1
51.45'
73'42'03"
40.00'
C2
7,82'
11'12'01"
40;00'
C3
22.53'
32"14'24"
40.00'
C4
69.16'
99'03'33"
40.00'
C5
79.50'
75'54'10"
60,01`
C6
10.82'
10"39'42"
60.01'
C7
5.46'.
5'13'00"
60.01"
C8
87,44'
83'29'10"
60.01'
C9
112,30'
307'13'01"
60,01'
C30 1
10,25'
9'47'01"1
60.01'
C11
63.79'
59'54'45q-61
- 00,
C12 1
6.32'
5'56'21" 1
61.00'
E N G I N E E R I N G- L L C
CIVIL ENGINEERS -SURVEYORS -LAND PLANNERS
4706 97th Street NW, Suite 100, Gig Harbor, WA 98335
Phone: 253-857-5454 Fax: 253.509-0044 info@contourpllc.com
JOB 21-154
Instrument Number: 20240403000086 Document:EAS Rec: 5312.50 Page -10 of 10
Record Date:4/3/2024 8:24 AM King County, WA
EXHIBIT 'C'
LEGAL DESCRIPTION
THE EASE ONE-THIRD OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER IN SECTION 32, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON, LYING NORTHERLY OF THE NORTHERLY MARGIN OF
SOUTHEAST 281ST STREET;
EXCEPT THE EAST 30 FEET OF THE NORTH HALF OF THE NORTH HALF THEREOF.
(ALSO KNOWN AS NEW PARCEL A, CITY OF AUBURN BOUNDARY LINE ELIMINATION NO.
BLA22-0010 RECORDED UNDER RECORDING NUMBER 20221207900002 RECORDS OF KING
COUNTY, WASHINGTON).
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
Conservation Easement Agreement
Page 10 of 10