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Home My WebLink AboutLUA-06-095_Report 1___ J I J I i I ......................... _ .. CD 'r If ii ----------··-··-1---·--···-· -Y E I i -·-1 ['1 --·-___ ,__ i ..,..... •• J I .---------_}~.___/ co --· ,_..-- ' ,-------·. ··------·---------·-----·--···---- ' RC UnitC --------·r· - i ~-. ..• .•.... . ;;,,,; / _., SW 27th St RC / Unit B ------- / ,. ____ --I ___ - ' ' ~, I : i ' I I I , -I I ~,~--J-·-j----~--- : SW 34tli St IL RC Unit E i, J , SW 27 h St/· n :1 ,_ Unit A q !1 RC ii !i ii h St. -·-·t----~---! ' ! ~----,---~ , I i ILL ~----1 -·-··r I \ Slw 3 tt St. 39th St. I IM SW 41st St. N SW: fi i( n I /\ ' I! SW2lhS jj ,, [l ji ;; n p ,i----- 1! H 'I Ii -------------<i / JI ii ,, ri i . W 34 l J ,/ I~ IM !-, ------- i i . --, _ _IM _J ,.,/ > _____ / < 0 600 ' IN! Q) ; «3 I ~ CA--~ ' ' ct! ,.-! /. ' ' ] /, (;A i / Sffi 43rt:l St. ' Io ! / -;--..,,,.==-,.,-=-="""'=--------,--~, Springbrook Creek Wetland and Habitat Mitigation Bank Lot Line Adjustment Neighborhood Detail Map 1"=600' August 7, 2006 · Community Services: Maplewood Golf Course Reserve Fund Use, Water Rights Attorney Fees, Budget Amend Planning: East Renton Plateau PAA Future Zoning Planning: 1-405/NE 44th St ROW Plan, HUD Grant Payment Processing, Budget Amend Annexation: Leitch, SE 136th St & 140th Ave SE Plat: Shy Creek, Jericho Ave NE & NE 2nd St, PP-06-009 Airport: Aerodyne Lease, Addendum #12, LAG-84-006 WSDOT: 1-405 Cedar River Vicinity Charette Concept Concurrence Transportation: 2007-2012 TIP Utility: Springbrook Creek Wetland & Habitat Mitigation Bank Lot Line Adjustment Map u.ot-0\, O" 0 CORRESPONDENCE Citizen Comment: Wynsome/Weil -Provost Variances Appeal, Alan & Cynthia Provost, V-06-024 Renton City Council Minute Page 263 Community Services Department requested authorization to use funds in the amount of $20,000 from the Maplewood Golf Course reserve fund balance for water rights attorney fees to assist in perfecting a water rights claim. Refer to Finance Committee. Economic Development, Neighborhoods and Strategic Planning Department recommended setting a public hearing on 9/11/2006 to consider future zoning for the remaining unincorporated portions of the East Renton Plateau Potential Annexation Area. Refer to Planning Commission; set public hearing for 9/11/2006. Economic Development, Neighborhoods and Strategic Planning Department recornn1ended approval to amend the 2006 Budget to add authority to process payments for the $300,000 HUD BED! (Housing and Urban Development Brownfield Economic Development Initiative) grant awarded to the City for the I-405/NE 44th St. right-of-way plan. Council concur. (See page 265 for ordinance.) Economic Development, Neighborhoods and Strategic Planning Department submitted 60% Direct Petition to Annex for the proposed Leitch Annexation and recommended a public hearing be held on 8/21/2006 to consider the petition and future zoning; 14.59 acres located in the vicinity of 140th Ave. SE, 143rd Ave. SE, SE 136th St., and SE 138th St. Council concur. Hearing Examiner recommended approval, with conditions, of the Shy Creek Preliminary Plat; 61 single-family lots on 16. I acres located in the vicinity of SE 2nd Pl., NE 2nd St., and Jericho and Hoquiam Avenues NE. Council concur. Transportation Systems Division recommended approval of an addendum to the airport lease LAG-84-006, which: increases the rate, extends the term to 8/31/2016, and assigns the lease from Southcove Ventures, LLC to Aerodyne, LLC. Refer to Transportation (Aviation) Committee. Transportation Systems Division recommended approval of a concurrence letter with Washington State Department of Transportation regarding the I-405 Cedar River Vicinity Charette concept. Council concur. Transportation Systems Division submitted the annual update of the Six-Year Transportation Improvement Program (TIP) and Arterial Street Plan. Refer to Transportation (Aviation) Committee; set public hearing on 8/21/2006 to consider the TIP. r Utility Systems Division recommended approval of the Springbrook Creek Wetland and Habitat Mitigation Bank lot line adjustment map. Council concur. MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. A letter was read from Rebecca Wynsome and Gary Weil, 3711 Lake Washington Blvd. N., Renton, 98056, concerning the appeal of the Hearing Examiner's decision regarding the Provost variances application. MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL REFER THIS CORRESPONDENCE TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. 'l OF RENTON COUNCIL AGEND ILL I Al#: 1. ,, . Submitting Data: For Agenda of: Dept/Div/Board .. PBPW/Utility Systems August 7, 2006 Staff Contact. ..... Ron Straka, x7248 Agenda Status Allen Quynn, x7247 Consent. ............. X Subject: Public Hearing .. Springbrook Creek Wetland Mitigation Bank Site -Lot Correspondence .. Line Adjustment Map Ordinance ............. Resolution ............ Old Business ........ Exhibits: New Business ....... Issue Paper Study Sessions ...... Lot Line Adjustment Map Information ......... Recommended Action: Ap Jrovals: Council Concur L, ~al Dept.. ..... . Fi ance Dep ..... . L_ ______________________ L..::'._01 1er .......... _·_··-----------' Fiscal Impact: Expenditure Required... NIA Transl ,r/Amend tent ...... . Amount Budgeted....... NI A Reve, 1e Gen en :ed ........ . c__:T:...:o:..:t=al:...:P:...:r:..:oJ'-'. e:..:c..:..t =B-=u=d"'-ge:..:tc__ __ N:...;:.;/ A:..::_ ________ __:C:..:i.:.t c...::~ 1are Tota. ::P..:..ro.:.·c::e.:.ct:.:.··c__ ______ __, SUMMARY OF ACTION: The City and the Washington State Department of Transport tion are w .. rking together to establish the Springbrook Creek Wetland and Habitat Mitigation Baru (Bank) on approximately 130 acres of City-owned land in the Renton Green River Valley area. Th properties contain easements and restrictions that, if exercised, would result in disturbance to I ,e Bank and conflict with its purpose. The agencies that approve the Bank are requiring that all um :cessary easements and restrictions contained within the Bank be released and new easements b, recorded for existing City-owned utilities where no easements currently exist. Because of the arge number of easements and restrictions that encumber the Bank, some of which will be, ,leased and others will remain, and the fact that several Bank sites contain lots that are no longer ne ded, it is recommended that a lot line adjustment be recorded to simplify the process and provide. single source of information related to the Bank. The lot line adjustment includes a land rights maJ that identifies all existing easements and restrictions on the properties; a lot line adjustment map that ,ill show the removal of unnecessary lot lines that were recorded as part of the plat; and the release o unneeded easements and restrictions. Releasing the easements dedicated to the City via the lot Jim adjustment map requires Council approval. STAFF RECOMMENDATION: Approve and authorize the Mayor and City Clerk to sign the Springbrook Creek Wetland and Habitat Mitigation Bank Lot Line Adjustment Map, which will consolidate the existing lots and release unnecessary easements encumbering the Mitigation Bank. C:\Documents and Settings\mpetersen\Loca\ Settings\Temp\Lot Line Agnbill.doc\AQtp DATE: TO: VIA: FROM: PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT MEMORANDUM July 28, 2006 Randy Corman, Council President Members of the Renton City Council Y.., Kathy Keolker, Ma~r {# Gregg ZimmermantAFmft;istrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor (ext. 7248) Allen Quynn. Surface Water Utility Engineer (ext. 7247) SUBJECT: ISSUE: Springbrook Creek Wetland and Habitat Mitigation Bank Lot Line Adjustment Should the City Council authorize the Mayor to sign the Springbrook Creek Wetland and Habitat Mitigation Bank Lot Line Adjustment Map? RECOMMENDATION: Approve and authorize the Mayor to sign the Springbrook Creek Wetland and Habitat Mitigation Bank Lot Line Adjustment Map. BACKGROUND: The City and the Washington State Department of Transportation (WSDOT) are working together to establish the Springbrook Creek Wetland and Habitat Mitigation Bank (Bank) on 130 acres of City-owned property located in the Renton valley, west ofSR-167 and south of 1-405. The properties contain easements and other restrictions that encumber the land, preventing its use as a mitigation bank. The agencies that have the authority to approve the Bank have required that any credit-generating areas of the bank must be free and clear of all encumbrances. This requires that all unnecessary easements and restrictions be removed. The purpose of the Lot Line Adjustment Map is to consolidate existing lots on the Bank units and remove any unnecessary casements. All existing lots and/or parcels that make up the Bank units will be consolidated such that each unit will be condensed into a separate discontinuous tract ofland. The Bank units contain lots and/or easements and other restrictions that are not needed or represent unnecessary encumbrances. These easements are either dedicated to the City, or others such as Puget Sound Energy or the City of Seattle. Those easements dedicated to the City that do not contain public Council/Lot Line Adjust .July 27, 2006 Page 2 of2 infrastructure will be released with the lot line adjustment. For those easements dedicated to others where no facility currently exists in the easement nor will exist in the future, the City is requesting that the easement holders release their interests. The Lot Line Adjustment Map will also be referenced in the legal description for the Conservation Easement and will define the boundaries of the Bank. The Conservation Easement is a requirement of the approving agencies to ensure that the Bank sites can never be modified in a way that could conflict with the designated purpose of the Bank. CONCLUSION: Staff recommends the Council authorize the Mayor and City Clerk to sign the Springbrook Creek Wetland and Habitat Mitigation Bank Lot Line Adjustment Map. Attachment cc: Lys Hornsby, Utility Systems Division Director H:\File Sys\SWP -Surface Water Projects\SWP-27 -Surface Water Projects (CIP)\27-3170 Springbrook Creek Wetland and Habitat Bank\1500 Easements\Land Rights\Lot Line Adjustment\Lot Line issue paper.doc\AQtp CITY OF RENTON, WASHINGTON RESOLUTIONNO. 3807 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION REGARDING JOINT FUNDING FOR PREPARATION OF AN EXISTING LAND RIGHTS MAP AND LOT LINE ADJUSTMENT, GENERALLY REFERRED TO AS THE "SUNDRY SITE PLAN." WHEREAS, the Washington State Department of Transportation (DOT) and the City are jointly developing the Springbrook Creek Wetlands Mitigation Bank; and WHEREAS, the parties recognize the need for an existing land rights map and a lot line adjustment; and WHEREAS, the state, through its consultant, agrees to perfonn the work, with DOT paying all of the costs for the work associated with the existing land rights map, and DOT and the City each paying 50"/o of the work associated with the lot line adjustment; and WHEREAS, it is necessary to document the tenns and conditions of this Interlocal Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTIONL The above findings are true and correct in all respects. SECTION IL The Mayor and City Clerk are hereby authorized to enter into an Agreement with the Washington State Department of Transportation known as Agreement GCA-4847, I-405 Congestion Relief and Bus-Rapid Transit Projects Springbrook Creek Wetland Mitigation Bank Site -Sundry Site Plan. 1 RESOLUTION NO. 3807 PASSED BY 111E CITY COUNCIL this 8th day of ___ M_aye.__ __ __, 2006. Bonnie I. Walt on, City Clerk APPROVEDBYTIIEMAYORthis 8th dayof __ -=-:M=ay"-------' 2006. RES.1178:4/27/06:ma 2 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 UIT CLAIM DEED Grantor: I. SGMLLC, a Washin on Limited Liabili LEGAL DESCRIPTION: CONFORnED COPY 20060818000098 CITY OF RENTON QCD 34 00 PAGEH I OF 883 ' 0B/IB/2006 09:12 KING COUNTY, IJA 000 PVOPERT\li A pgFtieR efYR8~8R@d. ~,.v 39th Sft'eet Grantee: oration A portion of the West half of Section 30, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington. (Please see attached Exhibit A for complete legal description.) The Grantor, for and in consideration of mutual benefits conveys and quit claims to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantor: CONFORMED COPY E2230330 08/IB/2006 09:10 Kf=~ COUNTY, IJA $It.le SALE $0.H PAGEH I OF 001 P:\Current Projects\Requests\Intradepartmental\Storm \qcd _ 0206e 1. DOC Grantee: City of Renton M;fdjK~ City Clerk Bonnie I. Walton Page I Qurr CLAIM DEED PROPERTY: A portion of unopened SW 30th Street Grantor: Grantee: I. SGMLLC, I. City of Renton, a Washimrton Limited Liabilitv Comoany a Washimrton Municioal Comoration Notary Seal must be within box REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that --------- /'n,'l<J &rr~ signed this instrument, on oath stated that he/she/the/ was/were authorized to execute the instrument and acknowledged it as the \')'ICl'>hif and _______ _ of 5cir:M J..J... <:, to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and r the State of Washington Notary (Print) 6.ff..e.n.,c... C. G-1 t b.<l"1: My appointment expires:_~o..,f,.,s.,1,_.,/2..=c0='7+------- Dated: 5. O CORPORATE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING J On this ___ day of ____ ~ 19 ~ before me personally appeared ______________________ to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) _____________ _ My appointment expires: ____________ _ Dated: P:\Current Projects\Requests\lntradeplll'lmental\Stonnlqcd _ 0206el .DOC Page 2 I, .. .. EXHIBIT A SPRINGBROOK CREEK WETLAND AND HABITAT MITIGATION BANK (SWP27-2171) LEGAL DESCRIPTION: That portion of the south half of SW 30th Street Right-of-Way as dedicated on the Plat of BURLINGTON NOR IND PK RENTON II, as recorded in Volume 111 of Plats, Pages 42-44, Records of King County lying westerly of the northerly extension of the east boundary line of Tract C of the Binding Site Plan of OAKESDALE COMMERCE CENTER EAST, as recorded in Volume 229 of Plats, Pages 59-61, Records of King County. All situate in the West half of Section 30, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington. P:\Current Projects\Requests\Intradepartmental\Storm\0163 -SW 30th Street ROW-W.doc • Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 QUIT CLAIM DEED Grantor: I. 5939 Associates, LLC CONFORnED COPY 20060818000097 CITY OF RENTON QCD 34.00 PAGE001 OF 003 08/18/2886 19:12 KING COUNTY, IJA p :{:.;;, ' // 3 o 'is</ C, t'O(}O PROPERIT: "It poffion ofttR0fH!R@d Slll .;30th ~i,eef Grantee: I. City of Renton, a Washin<rton Limited Liabilitv Company a Washin<>ton Municioal Comoration LEGAL DESCRIPTION: A portion of the West half of Section 30, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington. (Please see attached Exhibit A for complete legal description.) The Grantor, for and in consideration of mutual benefits conveys and quit claims to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: ~fli£J= Ma1t1q-e-r S"j:3 '1 A-sSPC\«-~5' t UC- CONFORIIED COPY E2230329 lll/18/2886 89:88 KING COUNTY, IJA 5;{f~ s1e.e0 se.ee PAGEIII OF 001 Grantee: City of Renton Ma~~K~ ~-J_ LJ~ %,;(~ City Clerk Bonnie I. Walton P:\Current Projects\Requests\Jntradepartmcntal\Storm\qcd _ 0206e4.D0C Page I QUIT CLAIM DEED PROPERTY: A portion of unopened SW 30th Street Grantor: Grantee: I. 5939 Associates, LLC I. City of Renton, a Washin!!ton Limited Liabi!ih, Comnanv a Washinuton Municipal Corporation Notary Seal must be within box REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I cenify that I know or have satisfactory evidence that ~ # • Q.>~l\'f- -----------------signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the M~.u" and----,--,--- of 5'i'3 '7 A Soo<-<;,lu .U..C to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. (! Notary Public in and fo e State of Washington Notary (Print) (1;>H,y;11L C Gi l>cd;. My appointment expires:__,1c:,1/'-'s",/f.'o"--,9f--------- Dated: 3Jt7/01,. ' I CORPORATE FORM OF ACKNOWLIWGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of . 19 __ , before me personally appeared ______________________ to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print}, _____________ _ My appointment expires: ___________ _ Dated: P:\Current Projects\Requests\lntradepartmental\Stonnlqcd_0206o4.DOC Page 2 ' I EXHIBIT A SPRINGBROOK CREEK WETLAND AND HABITAT MITIGATION BANK (SWP27-2171) LEGAL DESCRIPTION: That portion of the south half of SW 30th Street Right-of-Way as dedicated on the Plat of BURLINGTON NOR IND PK RENTON II, as recorded in Volume l 11 of Plats, Pages 42-44, Records of King County lying westerly of the northerly extension of the east boundary line ofTract C of the Binding Site Plan of OAKESDALE COMMERCE CENTER EAST, as recorded in Volume 229 of Plats, Pages 59-61, Records of King County. All situate in the West half of Section 30, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington. P:\Current Projects\Requests\Intradepartmental\Storm\0163 -SW 30th Street ROW-W.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 UIT CLAIM DEED Grantor: I. Richardson Real Estate LLC, a Washin on Limited Liabili LEGAL DESCRIPTION: CONFORMED COPY 20060818000096 CITY OF RENTON QCD 34.ll0 PAGE001 OF 003 08/18/208& 119:12 KING COUNTY, 11A :;:::p,. l?o'B-"19 A portion of the West half of Section 30, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington. (Please see attached Exhibit A for complete legal description.) The Grantor, for and in consideration of mutual benefits conveys and quit claims to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: CONFORMED COPY E2230328 98/18/21111& 89:8S KING COUNTY , 11A TAX $18.110 SALE $0.811 PAGE801 OF 801 P:\Cul'Tent Projects\Requests\lntradeparbnental\Storm \q cd _ 0206e2. IX>C Grantee: City of Renton M~~ker City Clerk Bonnie I. Wal ton .. ,. '. .. ~-' . · . ..., '··-..... , Page I -r ,' -a : ~ .,, .... ,. Qurr CLAIM DEED PROPERTY: A portion of unopened SW 30th Street Grantor: Grantee: I. Richardson Real Estate LLC, I. City of Renton, a Washin<>ton Limited Liabilitv Comoanv a Washinl!ton Municioal Corooration Notary Seal must be within box Notary Seal must be within box -· REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that--------- -----c--,--,----c-c-c-,----,---~--,----,---signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and -------- of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) _____________ _ My appointment expires: -------------Dated: CORPORATE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) "UIO <, On this ~ott,... day of , ~-__ , before me personally appeared 'Do N be e corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) \! I Ul:L Hrorf My appointment expires:___.f2 ... ,_ • ..,.(....;$')...•__,Q"----"<,,.__ ____ _ Dated: • lO · 0 P:\Current Projects\Requestsllntradepartmental\Stonn\qcd _ 0206e2.D0C Page 2 EXHIBIT A SPRINGBROOK CREEK WETLAND AND HABITAT MITIGATION BANK (SWP27-2171) LEGAL DESCRJPTION: That portion of the south half of SW 30 1h Street Right-of-Way as dedicated on the Plat of BURLINGTON NOR IND PK RENTON II, as recorded in Volume 111 of Plats, Pages 42-44, Records of King County lying westerly of the northerly extension of the east boundary line of Tract C of the Binding Site Plan of OAKESDALE COMMERCE CENTER EAST, as recorded in Volume 229 of Plats, Pages 59-61, Records of King County. All situate in the West half of Section 30, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington. P:\Current Projects\Requests\Intradepartmental\Storm\0163 -SW 30th Street ROW-W.doc ( • Return Address: City Clerk's Office City of Renton 105 5 South Grady Way Renton, WA 98055 RELEASE OF EASEMENT Property Tax Parcel Number: 362304-9002 Project File#: SWP 27-3170 Springbrook Creek Wetland And Habitat Mitigation Bank Reference Number(s) of Docwnents released: 607313 5 Additio11al reference numbers are 011 page _J__. Grantor(s): Grantee(s): 1. Zelman Renton LLC, 1. City of Renton, a Municipal Corporation a Delaware Limited Liabili The Granter, as the owner of an easement acquired from Glacier Park Company a Minnesota corporation dated on August 2, 1966 , recorded under King County Recording Number 6073135 of King County, State ofWashin on over real ro e described below: The ZELMAN RENTON LLC does hereby abandon and release all rights acquired under a portion of the above referenced easement, said portion being described as follows: A strip ofland 80 feet wide over a p01tion of the Northeast Quarter of the Northwest Quarter of Section 36, Township 23 North, Range 4 East, W.M. in the City of Renton, King County, Washington. (Please see attachment for complete legal description.) IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this ,I .. ,,.[ I -2 :J day of • .200(p ,20 . Grantor STATE OF WASJ-JINGTON ) SS COUNTY OF KING ) On this ___ day of _____ ~ 20~ before me personally appeared ----~s,-------------------;,-,----t,o me known to of the corporation that executed · ... , ... l-:nstrument, and acknowledge the said instrument to be the free and voluntary act " f sai orporation, for the uses and purposes therein mentioned, and each on o ed e/she was authorized to execute said instrument and that the seal affixe . rate seal of said corporation. Notary Public in and for the State ofWashington~,u ... r_ / Notary (Print) _,,...~,,~,:: "' My appointment expires: _____________ _ Dated: P:\Current Projects\Requests\Jntradepartmental\Stonn\release0206Zelman.doc PWPSREOOl/bh CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calttomia f. Countyot$v ~r-4a,/ On ~4-:f o.~~,Z~belore me,e;.21~~~~~~~~~~~;f;~~'.E'£ personally appeared ___ .f....!4':~!2:!cL..L..'.L..-1~~~~:;;;------------ personally known to me D proved to me on the basis of satisfactory evidence to be the persofJlsr whose name(sf is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/he~'their authorized capacity(leej-, and that by hisll>eF/llleir signaturels) on the instrument the person.(s). or the entity upon behalf of which the perso~,($t acted, executed the instrument. ~~~~~~~~~~~oPnONAL~~~~~~~~~~~ Though the information below is not reqwred by law. It may prove valuable to persons relying on the docum8nl and could prevent fraudUlent removal and '9attachment of this fonn to another document. Description of Attached Document Trtle or Type of Document: /f:~~ _d_6&4e,,,yJ Document Date: ~,,J; ,,; .2c6&: Number of Pages: ? Signer(s) Other Than Na~ Above: _':74~=7~t-.e~---------------- Capacity(ies) Claimed by Signer 6kl~ Signer's Name: z D Individual , / ~ . Top oflh,mb he,e Q Corporate Officer -liUe(s): J//. ~-a.&~ D Partner -D limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: _______________________ _ Signer Is Representing: 0 1999 National Notary AssoclaliOn • 9350 De Soto Ave., P:O. 8ox 2402 • ctiat-orth, CA 91313-2402 • www.natiooamotary.org Prod. No. 5907 Reorder: can Toll-Free 1-800-876-6827 • 1 I Exhibit A A strip ofland 80 feet wide over a portion of the Northeast Quarter of the Northwest Quarter of Section 36, Township 23 North, Range 4 East, W.M. in the City of Renton, King County, Washington, lying north of SW 43rd Street (formerly known as South 180th Street) and south of the north line of said section, the east line of said 80 foot strip being described as follows: Beginning at the northeast corner of the Henry Adams Donation Land Claim; Thence east along the center line of SW 43rd Street (formerly known as South 180th Street and as County Road), a distance of 114 feet; Thence north, a distance of30 feet, to the 1101th line of aforesaid street and True Point of Beginning; Thence north, a distance of 644.78 feet; Thence northerly on a straight line parallel to the east line of Northern Pacific Railway Company right-of-way to the north line of said Section 36 and the end of said line. P:\Current Projects\Requests\lntradepartmental\Storm\release0206Zelman.doc PWPSREOO 1/bh CITY OF RENTON PLANNING/ BUILDING/ PUBLIC WORKS MEMORANDUM Date: November 17, 2006 To: City Clerk's Office From: Holly Graber Subject: Land Use File Closeout Please complete the following Information to facilitate project closeout and indexing by the City Clerk's Office Project Name: Springbrook Wetland Bank Lot Line Adjustment LUA (file) Number: LUA-06-095, LLA Cross-References: AKA's: 1 Wetland Bank Mitigation Project Manager:. Valerie Kinast Acceptance Date; July 28, 2006 Applicant: . City of Renton Owner: •. City of Renton Contact: City of Renton -Allen Quynn PIO Number: ERC Decision Date: ERC Appeal Date: Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed t~ HEX: By Whom: ! HEX Decision: Date: Date Appealed to council: By Whom: Council Decision:' Date: Mylar Recording !"lumber: 20060824900007 Project Description: The applicant is proposing to consolidate five separate parcels of land into one, and remove any unnecessary existing easements. The sites are currently undeveloped areas composed of 88.2 acres of wetland and 43 acres of upland areas. Springbrook Creek, which is classified as a shoreline of the State, runs adjacent to part of the site In a north-south alignment. A conservation easement would be recorded with the lot line adjustment reserving the wetlands bank in perpetuity. The environmental review process for the project was completed on January 10, 2006. Location: , Springbrook Bank at SW 27th St and Lind Ave SW Comments: . ' CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: July 28, 2006 TO: Sonja Fesser, Engineering Specialist FROM: Valerie Kinas!, Associate Planner, x7270 SUBJECT: Springbrook Wetland Bank Lot Line Adjustment File No. LUA-06-095, LLA Attached is the most recent version of the above-referenced lot line adjustment. If all Property Services concerns have been addressed and you are now able to recommend recording of the mylar, please sign this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please let me know. Thank you. Property Services approval: cc: Yellow File H:\Division.s\Develop.ser\Dev&plan.ing\VAK\Planner Manual\Lot Line Adjustment\3 Approval Request Memo.doc DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM August 2, 2006 Valerie Kinas! Sonja J. FesscrJ# Springbrook Wetland Bank Lot Line Adjustment, LUA-06-095-LLA Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the Applicant: Note the City of Renton land use action number and land record number, LUA-06-095-LLA and LND-30-0317, respectively, on ALL drawing sheets. The type size used for the land record number should be smaller than that used for the land use action number. The "RECORDING CERTIFICATE" block is noted on every drawing sheet (I through 19), but is only needed on Sheet 1 of 19. The indexing block is only noted on Sheet I of 19 of the lot line adjustment submittal, but should be noted on all drawing sheets. If possible, note the indexing information in the area currently occupied by the "RECORDING CERTIFICATE" block (Sheets 2 through l 9). Fill-in the blanks currently noted in the "SURVEYOR'S STATEMENT" (Sheet 1 of 19). The space provided for the "CITY 01:' RENTON LAND RECORD NUMBER", noted under the approval block for the city's Administrator of Planning/Building/Public Works, is not needed and should be removed (Sheet 1 of 19). Said number is already noted in the upper left-hand comer of said drawing sheet. The dimension of 20.95', as noted in the legal description for "UNIT D" on Sheet 2 of 19 of the lot line adjustment submittal, is noted as 19.95' in the legal description for "UNIT D" in the title report. Review and revise as needed. It is suggested that, where appropriate, note the properties adjoining the subject "UNITS" (on each drawing sheet) as platted (give plat name and lot/tract number) or unplatted. \H:\f'ile Sys\LND -Land Subdivision & Surveying Records\LND-30 -Lot Line Adjustments\0317\RV060731,doc August 2, 2006 Page 2 Provide the recording number of the "Partial Release of Easement" document, as referenced on Sheets 12 and 13 of 19. Fee Review Comments Lots within or affected by the lot line adjustment are subject to the city's special charges, if any. H:\File Sys\LND -Land Subdivision & Surveying Rccords\Lt-:D<H) -Lot Line Adjustments\0317\RV06073 l .doc\cor CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: July 28, 2006 TO: Kayren Kittrick, Development Engineering Supervisor FROM: Valerie Kinas!, Associate Planner, x7270 SUBJECT: Springbrook Wetland Bank Lot Line Adjustment File No. LUA-06-095, LLA Attached is the most recent version of the above-referenced lot line adjustment. If required improvements have been installed and/or deferred and any other plan review concerns have been addressed and you are able to recommend recording of this lot line adjustment, please sign this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please send a written summary at your earliest convenience. Thank you. Plan Review approval: cc: Yellow File H:\Oivision.s\Develop.ser\Dev&plan.ing\VAK\Planner Manual\Lot Line Adjustment\3 Approval Request Memo.doc Date: July 28, 2006 CITY OF RENTON MEMORANDUM To: Allen Quynn, Utilities From: Valerie Kinast, Development Planning ~ Subject: Springbrook Wetland Bank Lot Line Adjustment LUA06-095, LLA The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me, at 430-7270 if you have any questions. Acceptance Memo 06-095 City of Renton DEVELOPMENT PLANNING CITY OF RENTON JUL 2 5 2006 RECEIVED LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: City or Renton PROJECT OR DEVELOPMENT NAME: Springbrook Creek Wetland and Habitat Mitigation Bank Project. ADDRESS: 1055 South Grady Way PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: CITY: Renton ZIP: 98057 The proposed Springbrook Bank Site consists of five land parcels (Units A through E), totaling TELEPHONE NUMBER: 131.54 acres. The Springbrook Bank site is located south of SW 27th Street and west of Lind Ave. SW in the City of Renton. APPLICANT (if other than owner) KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): NAME: Unit A: 125381-0090 Unit B: 252304-9004 (NE portion), 125381-0170 and 125381-0230 COMPANY (if applicable): Unit C: 252304-9004 (portion located west of Oakesdale Ave SW) and 252304-9019 ADDRESS: Unit D: 3~304-9002 {northerly 600 feet) Unit E: 12 381-0240 CITY: ZIP: EXISTING LAND USE(S): Undeveloped land TELEPHONE NUMBER CONTACT PERSON PROPOSED LAND USE(S): The proposed project focuses on improving wetland area and function and riparian functions near Springbrook Creek. NAME Allen Quynn EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: COMPANY (if applicable): City of Renton Emolovment Area -Vallev PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION ADDRESS: 1055 S. Grady Way (if applicable): No change proposed EXISTING ZONING: Units A, B, C and E: Resource CITY: Renton ZIP: 98057 Conservation (RC) TELEPHONE NUMBER AND E-MAIL ADDRESS: Unit D: Industrial Medium (IM) 425-430-724 7, aquynn@ci. renton .wa. us H:\File Sys\SWP -Surface Water Projects\SWP-27 -Surface Water Projects (CIP)\27-3170 Springbrook Creek Wetland and Habitat Bank\I 500 Easements\Land Rights\Lot Line Adjustment\masterapp.doc\A.Qtp 07/20/06 p __ JJECT INFORMATION con_ ... ued PROPOSED ZONING (if applicable): No change NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if proposed applicable): N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE SITE AREA (in square feet): 5,729,905 SF NEW PROJECT (if applicable): N/A SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED PROJECT VALUE: N/A FOR SUBDIVISIONS OR PRIVATE STREETS SERVING THREE LOTS OR MORE (if applicable): NIA IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): N/A O AQUIFER PROTECTION AREA ONE NUMBER OF PROPOSED LOTS (if applicable): 5 separate O AQUIFER PROTECTION AREA TWO discontinuous tracts of land. ~ FLOOD HAZARD AREA sq. ft. NUMBER OF NEW DWELLING UNITS (if applicable): N/A o GEOLOGIC HAZARD sq. ft. o HABITAT CONSERVATION sq. ft . NUMBER OF EXISTING DWELLING UNITS (if applicable): .QI' SHORELINE STREAMS AND LAKES sq. ft. N/A ill' WETLANDS 88.2 acres sq. ft. SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) All units are located in the City of Renton, King County, Washington. Section, Township and Range for each units is shown below: Unit A: Section 30, Township 23N, Range SE Unit B: Section 25, Township 23N, Range 4E Unit C: Section 25, Township 23N, Range 4E Unit D: Section 36, Township 23N, Range 4E Unit E: Section 25, Township 23N, Range 4E H:\File Sys\SWP -Surface Water Projects\SWP-27 -Surface Water Projects (CIP)\27-3170 Springbrook Creek WetJand and Habitat Bank\1500 Easements\Land Rights\Lot Line Adjustment\masterapp.doc\A.Qtp 07/20/06 • • rROJECT INFORMATION (continued) TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Lot Line Adjustment Staff will calculate applicable fees and postage: $ 450 AFFIDAVIT OF OWNERSHIP t, (Print Name/s) )')r) , declare that I am (please check one) _ the current owner of the property involved in this application or_· _ the aut orized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledg , nd belief. (Signature of Owner/Represent~~"'"' --J ... ---S"-. P1-t •,,, .:-' ~0 ............ ~ ,,, : /....«} .-:~,sS\Of; t,_~·-. '"Y. 111 • • ,._-.· "T-<) • "1,-I : :°o"' OTA ~\ ~ : : ~ Ry {('·. ~ ~ . 0 (/): ~ ~ ...... : : ~ u> '· -"usuc .: ~ '1.:..>..·. :<'": ',,7/':;._-.!.<?· 1 e-01 .. -··;::-0 / ,,, ,, 0 ......... ,~=--- '•,, f: WAS'rl --- ,,\,\\.'"""""'''' I certify that I know or have satisfactory evidence that t__u \......J "'--.) signed this instrument and acknowledged it to be his/her/their free and voluntary a for the uses and purposes mentioned in the instrument. --· ---- ' / -·--' ->----~-- Notary Public in and for the ate of Washington Notary (Print) My appointment expires: { (~ { ( ""'i_ l ~ 7 H:\File Sys\SWP -Surface Water Projects\SWP-27 -Surface Water Projects (CIP)\27-3170 Springbrook Creek Wetland and Habitat Bank\1500 Easements\Land Rights\Lot Line Adjustment\masterapp.doc\AQtp 07/20/06 I I I DEVELOPMENT PLANNING DEVELOPMENT SERVICES DIVISION GITYOFRF.NTON WAIVER OF SUBMITTAL REQUIREMENTS JUL 2 5 2006 FOR LAND USE APPLICATIONS RECEIVED LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: Parking, Lot Coverage & Landscaping Analysis, y;v Plan Reductions (PMTs), Plat Name Reservation , Postage, Preapplication Meeting Summary 4 Public Works Approval letter, Rehabilitation Plan 4 Screening Detail 4 Site Plan 2 AND, Stream or Lake Study, Standard 4 ' I Stream or Lake Study, Supplemental 4 0f\J Stream or Lake Mitigation Plan 4 Street Profiles 2 Title Report or Plat Certificate , Topography Map, n7fJ Traffic Study 2 Tree Cutting/Land Clearing Plan 4 Urban Center Design Overtay District Report 4 ./' - v' Utilities Plan, Generalized 2 )?3 c-...~, -.J5 )1' I /, /,~ ulc--( I J__/,,y/ ' ' Wetlands Mitigation Plan, Final 4 '"--\ Wetlands Mitigation Plan, Preliminary 4 Wetlands Report/Delineation 4 Wireless: Applicant Agreement Statement 2AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2AND 3 Map of Existing Site Conditions 2 AND, Map of View Area , AND, Photosimulations 2 AND, This requirement may be waived by: 1. Property Services Section 2. Public Works Pl;m Review Section 3. Building Section 4. Development Planning Section PROJECT NAME: _OJ--+f-~--'--1-/~t!J....,(e ____ _ DATE: _ _.tu(;/1,=,._._.,&,"""-"a_.,a.,L, ....._/3(µz-<=_....i;._;"'--- )..(JIJ /.,,the-ftl!:JU.~ Q:\WEB\PW\DEVSERV\Forms\Planning\waiver.xls 11/04/2005 \/' DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: Calculations , Ill V Colored Maps for Display , ., . Construction Mitigation Description 2 AND 4 Deed of Right-of-Way Dedication , . Density Worksheet 4 '/IN Drainage Control Plan 2 V Drainage Report 2 Elevations, ArchitecturabAHo, . .· . . . Environmental Checklist, Existing Covenants (Recorded Copy), · . . Existing Easements (Recorded Copy) , Flood Hazard Data, •· ... . I Floor Plans J AND 4 Geotechnical Report, ANO , . . . . . • Grading Plan, Conceptual 2 Grading Plan, Deta~ed 2 . . . . ' . Habitat Data Report 4 Improvement Deferr;il 2 . Irrigation Plan , King County Assesso(s Map I ndicaling Sile, •• . . . ... Landscape Plan, Conceptual, Landscape Plan, D.etailed, .. .· . . · . . . Legal Description, List of Surrounding Property Owners, Mailing Labels for Property Owners , . . . Map of Existing Site Conditions, . . . Master Application Form, Monument Cards {one per monument) , . .. . .· ... Neighborhood Detail Map 4 This requirement may be waived by: 1. Property Services Section PROJECT NAME: 2. Public Works Plan Review Section 3. Building Section DATE: 4. Development Planning Section a:,WEB\PW\DEVSERV\Forms\Planning\waiver.xls . . . . . •••••• .. . .. • 11/04/2005 DE11s_LOPMENT PLANNING ,ATV OF RENTON JUL 2 5 2006 RECEIVED Project Name: Project Narrative Springbrook Creek Wetland and Habitat Mitigation Bank Lot Line Adjustment Project Description: The Washington State Department (WSDOT) and the City of Renton, in partnership are developing a mitigation bank by re-establishing, rehabilitating and enhancing approximately 131 acres of wetland and riparian area located in the southwest portion of Renton. The Springbrook Creek Wetland and Habitat Mitigation Bank (Bank) will connect Springbrook Creek to historic wetlands, increase wetland area, hydrologic functions, water quality functions and habitat functions as well as provide environmental education opportunities. The Springbook Creek Wetland and Habitat Mitigation Bank consists of 5 separate parcels ofland on City owned property designated as Units A, B, C, D and E located in the Renton Valley. More specifically, the project is bounded by SW 271h St. to the north, SW 43rd Street to the south, Lind Ave. SW to the east and the BNSF railroad tracks to the west. The purpose of the lot line adjustment map will be to consolidate existing lots on the Bank Units and removing any unnecessary easements. All existing lots and/or parcels that make up the Bank units will be consolidated such that each unit will be condensed into a separate discontinuous tract of land. The Bank Units contain lots and/or easements and other restrictions that are not needed or represent unnecessary encumbrances. These easements are either dedicated to the City or to others such as PSE or the City of Seattle. Those easements dedicated to the City that do not contain public infrastructure will be released with the lot line adjustment. For those easements dedicated to others where no facility currently exists in the easement nor will exist in the future, the City is requesting the easement holders to release their interests. The sites are currently un-developed areas composed of wetland and upland areas. Approximately 88.2 acres is wetland with the remaining area of approximately 43 acres of upland. Springbrook Creek, which is classified as a shoreline of the State, runs adjacent to Units A, B and E in a north-south alignment. There are no steep slopes on any of the Bank sites. A Conservation Easement will be recorded reserving the Bank as created wetland in perpetuity. No proposed code modification is being requested as part of the lot line adjustment. The SEPA environmental review process was completed on January I 0, 2006. ' • AFTER RECORDING RETURN TO: DEVELOPMENT CITY OF RE~~iNING CITY OF RENTON 1055 South Grady Way Renton, WA 98055 Attn: Surface Water Utility Engineering Supervisor JUL 2 5 2006 RECEIVED DRAFT COPY GRANT DEED OF CONSERVATION EASEMENT Grantor: City of Renton Grantee: Cascade Land Conservancy Legal Description Ptn Blks 6, 7 and 8, Burlington Northern Industrial Park II and Ptn ofN Y:z Section 25, T23N, R4E, W.M. and Ptn ofNE!4 of the NW!4 of Section 36, T23N, R4E. W.M. Additional legal description: at Exhibit A. Assessor's Tax Parcel Numbers: I) 125381-0090-05 (Unit A); 2) 252304-9004-07, 252304-9019-00, 125381-0230-06, 125381-0170-08 (Units Band C); 3) 362304-9002-06 (Unit D); 4)125381-0240-04 (Unit E) THIS GRANT DEED OF CONSERVATION EASEMENT ("Easement") is made as of the --- day of , 2006 by City of Renton, a municipal corporation ("Grantor''), in favor of Cascade Land Conservancy, a Washington nonprofit corporation ("Grantee") ( collectively "Parties"). I. RECITALS 1.1. Grantor is the sole owner in fee simple of that certain real property (the "Protected Property") in King County, Washington, more particularly described in Exhibit A (legal description) and shown on Exhibit B (site plan), which are attached and incorporated into this Easement by this reference. 1.2. The Protected Property (Springbrook Creek Bank) possesses wetlands and other fish and wildlife habitat ("Conservation Values"). Wetlands and other fish and wildlife habitat on the Protected Property that are restored, enhanced, or otherwise created after the effective date Springbrook Conservation Easement WOWuly ll, 200G I July 24. 2006Ji,/v 21. WOWu/y 20; 20/iGJi,J-., 19 of this Easement shall also be considered Conservation Values. 1.3. The Conservation Values are a result of the Protected Property's inherent ecological potential and of the existing and/or anticipated restoration and enhancement of wetlands and other habitats on the Protected Property by Washington State Department of Transportation ("WSDOT'') and the City of Renton ( collectively "Sponsors"). The foregoing restoration and enhancement is intended to qualify the Protected Property for inclusion by WSDOT and the City of Renton in a wetland mitigation bank and issuance of credits there from ("Mitigation Bank"). Additional restoration and enhancement of the Protected Property may occur as identified and described in that certain Memorandum of Agreement and Mitigation Banking Instrument for the Springbrook Creek Wetland and Habitat Mitigation Bank, as may be amended from time to time ( collectively "Banking lHs!rn!HeHtAgreements"), approved by the Washington Department of Ecology and U.S. Army Corps of Engineers ("Banking Agencies"), in consultation with other certain public agencies (collectively, "Bank Oversight Committee"). 1.4. The Springbrook Creek Mitigation Bank was established by WSDOT and the City of Renton in coordination with, and approved by, the Banking Agencies. This Easement is a condition of the operation of the Mitigation Bank. 1.5. Grantor and Grantee intend that the Conservation Values be preserved and maintained in perpetuity by permitting only those land uses on the Protected Property that do not impair or interfere with the Conservation Values, which include, but are not limited to, such restoration, enhancement, and recreational uses as further provided in this Easement. 1.6. Grantee is a publicly supported, tax-exempt nonprofit organization, qualified under Sections 501 ( c )(3) and 170(h) of the Internal Revenue Code of 1986, as amended, and also qualified as a nonprofit nature conservancy corporation under RCW 64.04.130 and RCW 84.34.250, whose primary purpose is to promote the preservation of open space and critically important ecological systems in Snohomish, King, Pierce, and Kittitas Counties in Washington State. 1. 7. Grantee agrees, by accepting this Easement, to preserve and protect in perpetuity the Conservation Values and enforce the provisions hereof unless this Easement is sooner extinguished or terminated as otherwise provided for herein. 1.8. The Parties acknowledge that this Easement does not provide standards or criteria regarding the effectiveness of the Sponsors' restoration or enhancement of the Protected Property and that this Easement is not intended to provide a basis for ensuring the effectiveness of such restoration and enhancement or to obligate Grantee to ensure such effectiveness. The Parties further acknowledge that such standards and criteria and the ability to ensure the effectiveness thereof are provided for in the Banking Instrn!Hent Agreements and related documents. 2. CONVEYANCE AND CONSIDERATION 2.1. For the reasons stated above, and in consideration of the mutual covenants, terms, Springbrook Conservation Easement l!}JL6Ji,/y !1, 2()()6 2 July 24 2006.!t,l, 2 f. 20(}Mul, 20. 2006Jufr 19 conditions, and restrictions contained in this Easement, and other good and valuable consideration provided by the Parties, Grantor hereby voluntarily grants, conveys, and quit claims to Grantee a conservation easement in perpetuity over the Protected Property, consisting of certain rights in the Protected Property, as set forth in this Easement, subject only to the restrictions contained in this Easement. 2.2. This conveyance is a conveyance of an interest in real property under the provisions ofRCW 64.04.130 and RCW 84.34.210. 2.3. This grant shall be subject to easements, restrictions, interests, and water rights of record as of the effective date of this Easement, including, but not limited to, those set forth in Exhibit C, which is attached and incorporated into this Easement by this reference. 2.4. Grantor expressly intends that this Easement run with the land and that this Easement shall be binding upon Grantor's successors and assigns. 2.5. This Easement does not transfer any water or water rights. This Easement also does not transfer, or create any entitlement in, any credit from, or rights in the credits from, the Mitigation Bank. 3. PURPOSE The purpose of this Easement is to assure that the Protected Property will be retained forever in its condition as wetland and other aquatic and riparian habitat of fish, wildlife, and plants, providing the wetland, aquatic and riparian functions and values described in the Baseline Documentation, and to prevent any use of, or activity on, the Protected Property that will impair or interfere with the Conservation Values (the "Purpose"). Grantor intends that this Easement will confine the use of, or activity on, the Protected Property to such uses and activities that are consistent with this Purpose. This Easement shall not be construed as affording to the general public physical access to any portion of the Protected Property. 4. RIGHTS CONVEYED TO GRANTEE To accomplish the Purpose of this Easement, the following rights are conveyed to Grantee by this Easement: 4.1. Identification and Protection. To identify, preserve and protect in perpetuity, unless sooner extinguished or terminated as otherwise provided under this Easement, and to restore or enhance by mutual agreement, the Conservation Values. 4.2. Access. 4.2.1. To enter the Protected Property annually, at a mutually agreeable time and upon prior written notice to Grantor, for the purpose of making a general inspection to monitor Springbrook Conservation Easement ]1)/)(j.ft,/y 11, ]/)/)(, 3 July 24. 2006.htly 24. 2/JIJ6;,r,,/y W. ]()l)r.Jtth, 19 compliance with this Easement. 4.2.2. To enter the Protected Property at such other times as are necessary if Grantee reasonably believes that a violation of the Easement is occurring or has occurred, for the purpose of mitigating or terminating the violation and otherwise enforcing the provisions of this Easement. Such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not in any case unreasonably interfere with Grantor's use of the Protected Property. 4.2.3. To enter the Protected Property, at mutually agreeable times and upon prior written notice to Grantor, to exercise any other affirmative rights as expressly provided for herein. 4.3. Scientific/Educational Use. To allow persons or groups to enter the Protected Property for educational, scientific, and biological purposes to observe and study on the Protected Property; provided that any such persons or groups first are approved by Grantor, which approval shall not be unreasonably withheld, delayed, or conditioned, make prior arrangements with Grantor, agree to provide Grantor with copies of any data or reports resulting from such observation or study, and agree to abide by any reasonable restrictions on access set forth by Grantor. Grantor and Grantee agree that all persons or groups given permission to enter the Protected Property shall sign a waiver, substantially in the form attached to this Easement as Exhibit D, which is incorporated herein by this reference. This waiver is intended to release Grantor and Grantee from all liability to the extent allowed by law. 4.4. Injunction and Restoration. To enjoin any use of, or activity on, the Protected Property that is inconsistent with the Purpose of this Easement, and to undertake the restoration of such areas or features of the Protected Property as may be damaged by uses or activities inconsistent with the provisions of this Easement, all in accordance with Section 9. 4.5. Enforcement. To enforce the terms of this Easement, consistent with Section 9. 4.6. Assignment. To assign, convey, or otherwise transfer Grantee's interest in the Protected Property in accordance with Section 13 and subject to Section 11.4. 4.7. Baseline Documentation. 4.7.1. Within sixty (60) days after the effective date of this Easement, and thereafter as provided in Section 4.7.2 below, Grantee shall document specifically the Conservation Values in an inventory ofrelevant features of the Protected Property, which Grantee shall maintain on file at its offices and which shall be incorporated into this Easement by this reference ("Baseline Documentation"). The Baseline Documentation shall consist of reports, maps, photographs, and other documentation that provide, collectively, an accurate representation of the Protected Property. The Baseline Documentation is intended to serve as an objective, although nonexclusive, information baseline for monitoring compliance with the terms and conditions of this Easement. 4. 7.2. As previously noted, the additional restoration and enhancement work Springbrook Conservation Easement 2006.Jr,/y 11. 2006 4 July 24 2006.Jtlly 2 f; 2006Jtlt, 20 2006,',,l, 19 under the Banking Iastrumeat Agreements that may occur on the Protected Property is likely to enhance significantly the Conservation Values. Grantee may from time-to-time and as necessary update the Baseline Documentation to reflect such work and to document the enhanced Conservation Values resulting there from for purposes of monitoring compliance with the terms and conditions ofthis Easement. 4.8. Maintenance of Protected Property. To control non-native, noxious weeds and invasive weeds (collectively "Weeds"), the exercise of which shall be in Grantee's sole discretion, and acknowledging that Grantor is required to comply with all applicable state and local laws for controlling weeds on the Protected Property (see Section 5.10.1, below). Grantee shall provide Gran tor 10 days prior written notice of its intent to exercise this right to control Weeds on the Protected Property. 5. GRANTOR'S RESERVED RIGHTS AND OBLIGATIONS 5.1. General. Grantor reserves for itself and its successors and assigns all rights accruing from ownership of the Protected Property, including, but not limited to, the right to sell, lease, and devise the Protected Property and the right to engage in, or permit or invite others to engage in, any use of, or activity on, the Protected Property that is not inconsistent with the Purpose of the Easement and that is not prohibited by this Easement. Without limiting the generality of this Section 5.1, Grantor specifically reserves for itself and its successors and assigns, the following uses and activities: 5.2. Recreation. The undertaking of recreational activities on a non commercial basis, such as hiking, bird watching and the public's use of the pedestrian trail provided for in Section 5.5 below, provided that such activities are conducted in a manner and intensity that does not cause more than a de minimis adverse impact on the Conservation Values. 5.3. Fences. The construction and maintenance of fences within or around the Protected Property. 5.4. Habitat Stewardship, Restoration, and Enhancement. Constructing, installing, planting, maintaining, and engaging in other activities to maintain or further restore or enhance the Conservation Values in accordance with the Banking lHstmmeat Agreements and any final design, construction or management plans and bid specifications subsequently developed in conformance with the Banking IttstrumeHtAgreements, as may be amended from time to time, ("Mitigation Bank Plans and Specifications"), which may include, but are not limited to: planting and irrigating plants; removing and controlling weeds; maintaining berms, log weir in Unit C, and water conveyance structure in Unit D; and creating new wetlands. Grantor shall provide Grantee Mitigation Bank Plans and Specifications relating to: any proposed use of herbicides for Weed control; grading and excavation plans; the alteration or manipulation of natural water courses; or the creation of new wetlands, water impoundments, channels or water courses and shall provide Grantee with prior written notice of any material deviation from such Plans and Specifications relating to such activities. Motorized and mechanized vehicles may be used in furtherance of, and to facilitate, the foregoing activities, Springbrook Conservation Easement ~6Jwly U, 2006 5 July 24. 2006Ju/y 24. 2(}(}6.h,/y 20. WOW..:·, .'9. provided that any off-road use thereof does not cause more than a de minimis adverse impact on the Conservation Values. IfGrantor has conveyed or assigned its rights to engage in the activities described in this Section 5.4 to Grantee or third parties, Grantor covenants to not interfere with such restoration and/or enhancement, including, but not limited to, by the exercise of any rights reserved to Grantor under this Easement. 5.5. Pedestrian Trail. Construction and maintenance of an elevated public pedestrian trail generally eight feet in its width, constructed of plastic wood, cedar timber, and/or other nontoxic materials, and located in Unit A at the approximate location shown on Exhibit B, provided that the trail design and construction shall be in accordance with the Mitigation Bank Plans and Specifications. 5.6. Maintenance. Taking various actions necessary to protect the Conservation Values and other features of the Protected Property from beavers and to otherwise mitigate for the impacts of beavers on eF effefthe Protected Property, including, but not limited to, trapping beavers, removing trees, installing devices to interfere with activities of beavers, and removing and otherwise destroying beaver dams and lodges. 5.7. Signs. The installation and maintenance of signs provided that such installation does not cause more than a de minimis adverse impact on the Conservation Values. Signs in excess of twenty-five (25) square feet in area need prior written approval by Grantee of sign location and design. 5.8. Scientific/Educational Use. To allow persons or groups to enter the Protected Property for educational, scientific, and biological purposes to observe and study on the Protected Property. Gran tor and Grantee agree that, with the exception of the general public's use of the pedestrian trail provided for in Section 5.5 above, all persons or groups given permission to enter the Protected Property shall sign a waiver, substantially in the form attached to this Easement as Exhibit D, which is incorporated herein by this reference. This waiver is intended to release Grantor and Grantee from all liability to the extent allowed by law. 5.9. Protection of Health or Safety. The undertaking of other activities necessary to protect health or safety, or that are actively required by and subject to compulsion of any governmental agency with authority to require such activity; provided that any such activity shall be conducted so that significant adverse impacts on the Conservation Values are avoided, or, if avoidance is not possible, minimized to the greatest extent possible under the circumstances. 5.10 Grantor's Obligations. 5.10.1. Noxious Weed Control. Grantor shall comply with all state and local requirements for controlling noxious weeds within the Protected Property. 5.10.2. Structures, Facilities and Improvements. Grantor shall maintain all structures, facilities and improvements associated with the foregoing activities, including roads, trails and fences, that are within the Protected Property and are merely incidental to the functionality of the mitigation site, but that are necessary to Mitigation Bank management Springbrook Conservation Easement 2J}f}frJuly .'l, 2006 6 July 24. 2006Jffly 21 2006.Juil' 20. 2(}06Ju/·.-19 activities, for as long as necessary to serve the needs of the long term management phase, as described in the Banking Iastrumeat Agreements and related documents. 5.10.3 Access & Non-Interference. Grantor shall provide access to the Banking Agencies or their agents or designees as needed to fulfill their obligations-, as set forth in the Banking Iastrumeati\greements. In the event that Grantor assigns its responsibilities under the Long-Term Management Plan ("Plan"), as provided for in the Banking lastrumeAtAgrcements, Gran tor shall refrain from impeding or otherwise interfering with implementation of the Plan. Activities in furtherance of the Plan are to be carried out by the Sponsors or their assignees as approved by the Banking Agencies. Such activities may include, but are not limited to, maintenance and repair of water control structures; maintenance, repair, removal, or abandonment of structural elements of the Mitigation Bank; and removal of invasive plant species. 6. USES AND ACTIVITIES INCONSISTENT WITH THE PURPOSE OF THE EASEMENT 6.1. <rtneral. Any use of, or activity on, the Protected Property inconsistent with the Purpose of this Easement is prohibited, and Grantor acknowledges and agrees that it will not conduct, engage in, or permit any such use or activity. Without limiting the generality of the foregoing, the following uses of, or activities on, the Protected Property, although not an exhaustive list of inconsistent uses or activities, are inconsistent with the Purpose of this Easement and shall be prohibited: 6.1.1. Subdivision. The legal or "de facto" division or subdivision of the Protected Property, which shall include, but not be limited to, any subdivision, short subdivision, platting, binding site plan, or other process by which the Protected Property is divided into lots. This prohibition shall not be interpreted to preclude any lot line adjustment that does not create a number of lots that is greater than the number of lots in existence on the effective date of this Easement. 6.1.2. Construction. The placement, installation, or construction of any buildings, structures, or other improvements of any kind, including, but not limited to, roads, railroads, utilities, cellular phone towers, septic systems, wells, recreational facilities, and parking Jots, except as expressly provided in Section 5 above, including, specifically, those uses and activities provided for in the Mitigation Bank Plans and Specifications. 6.1.3. Alteration of Land. The alteration of the surface of the land, including, without limitation, the excavation or removal of soil, sand, gravel, rock, peat, or sod, except in conjunction with a use or activity expressly allowed in Section 5 above, including, specifically, those uses and activities provided for in the Mitigation Bank Plans .and Specifications. 6.1.4. Erosion or Water Pollution. Any use or activity that causes or is likely to cause significant soil degradation or erosion or significant pollution of any surface or subsurface waters. For the purposes of this Easement, the uses and activities expressly allowed under Springbrook Conservation Easement ~Mulj• 11, 2006 7 July 24, 2006Jr,h 2 ¢ 2006Ji,/, 20 2006JtJb 19; Section 5 above, including, specifically, those uses and activities provided for in the Mitigation Bank Plans and Specifications, shall be deemed to not violate this prohibition. 6.1.5. Removal of Trees and Other Vegetation. The pruning, topping, cutting down, uprooting, girdling, or other destruction or removal of live and dead trees and other vegetation, except as expressly provided in Section 5 above or in conjunction with a use or activity expressly allowed in Section 5 above, including, specifically,, those uses and activities provided for in the Mitigation Bank Plans and Specifications. 6.1.6. Waste Disposal. The disposal, storage, or Release of Hazardous Substances, rubbish, garbage, debris, unregistered vehicles, abandoned equipment, parts thereof, or other offensive waste or material. The term "Release" shall mean release, generation, treatment, disposal, storage, dumping, burying, or abandonment. The term "Hazardous Substances" shall mean any substances, materials, or wastes that are hazardous, toxic, dangerous, or harmful, or are designated as, or contain components that are, or are designated as, hazardous, toxic, dangerous, or harmful, and/or that are subject to regulation as hazardous, toxic, dangerous, or harmful or as a pollutant by any federal, state, or local law, regulation, statute, or ordinance, including, but not limited to, petroleum or any petroleum product. 6.1. 7. Mining. The exploration for, or development and extraction of, oil, gas, coal, limestone, fossils, metals, geothermal resources, sand, gravel, or rock of any type on or below the surface of the Protected Property. 6.1.8. Recreational Activities. The undertaking of recreational activities and the installation or construction of improvements in furtherance of the same, except as expressly provided in Section 5 above. 7. NOTICE AND APPROVAL 7.1. Notice. 7. I. I. Grantor. Certain provisions of this Easement require Gran tor to notify Grantee and/or to receive Grantee's written approval prior to undertaking certain permitted uses and activities (e.g., Sections 5.4 [habitat stewardship-material deviations form Mitigation Bank Plans and Specifications], 5. 7 [ signage], and 11.3 [ subsequent transfers]). The purpose of requiring Grantor to notify Grantee prior to undertaking these permitted uses and activities is to afford Grantee an adequate opportunity to ensure that the use or activity in question is designed and carried out in a manner consistent with the Purpose of this Easement. Whenever such notice is required, Grantor shall notify Grantee in writing not less than thirty (30) days prior to the date Grantor intends to undertake the use or activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed use or activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the terms of this Easement and the Purpose thereof. 7.1.2. Grantee. Certain provisions of this Easement require Grantee to give Springbrook Conservation Easement 2(}(}(iJu/y 11, 2006 8 July 24. 2006,!i,/-, 24. 2(}(}6Ju/, 20. 2(}(}6J11/-.. !9; notice to Grantor prior to undertaking certain activities (e.g., Sections 4.2 (access), 4.3 [scientific/educational use], 4.8 [weed control], 10.2 [taxes], and-13.1 [assignment]). Whenever such notice is required, Grantee shall notify Grantor in writing not less than thirty (30) days prior to the date Grantee intends to undertake the use or activity in question, unless otherwise provided for by this Easement. 7 .2. Approval. Where approval by one of the Parties is required under this Easement, such approval shall be granted or denied in writing within thirty (30) days ofreceipt of a written request for approval, and such approval shall not be unreasonably withheld, delayed or conditioned. Such approval may include reasonable conditions consistent with the Banking IHstmmeflt Agreements that must be satisfied in undertaking the proposed use or activity. WheH !lf)pF0'.'al is FeEjmFed lfileeF this EasemeHt, aHd vlheH s11eh !lflpF0val is Hat gmnted eF deHied withiH the time periea aRa mar.ner set furth iH this SeetieH 7.2, the H0fl !!fJPFe~<iRg p!IF!y may e0Rel11si>,ely ass11me the eilier party's !lf)proval ef the 11se eF aetivity iH EjllestieH. 7.3. Optional Consultation. If Grantor is unsure whether a proposed use or activity is prohibited by this Easement, Grantor may consult Grantee by providing Grantee a written notice describing the nature, scope, design, location, timetable, and any other material aspect of the proposed use or activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the Purpose of this Easement and to provide comments thereon to Grantor. This Section 7 .3 does not itself impose a requirement of prior approval of the activity described in any such notice; heweYer, if Grantee dees net prnvide wFitten ebjeetiens within thiFty (3 0) days afteF FSeeipt ef GFanteF' s netiee, GFantee shall be deemed ta hll',e awreved ef the prnpesea use eF aetivity.~ 7 .4. Addresses. Any notice, demand, request, consent, approval, or communication that any party desires or is required to give to the others shall be in writing and either personally delivered or sent by first class certified mail, postage prepaid, or by facsimile (if available) with original dispatched by certified mail, addressed as follows, or to such other address as any party from time to time shall designate by written notice to the others: To Grantor: To Grantee: To Assignee: City of Renton 1055 South Grady Way Renton, WA 98055 Attn: Surface Water Utility Engineering Supervisor Cascade Land Conservancy 615 Second Avenue, Suite 625 Seattle, WA 98104 Attn: Senior Conservation Director Washington State Department of Transportation P.O. Box 47338 Olympia, WA 98504-7338 Attn: Director, Real Estate Services Springbrook Conservation Easement ](}()6Ju/j,' 11, 2006 9 July 24. 2006.h,fr 21, 2006Jffl;r 20. 2006J1,ly 19; And to Washington State Department of Transportation P.O. Box 47331 Olympia, WA 98504-7331 Attn: Director, Environmental Services 8. ALTERNATIVE DISPUTE RESOLUTION 8.1. Preventive Discussions. Grantor and Grantee will promptly give the other notice of problems or concerns arising in connection with the other's actions under the Easement or the use of or activities or conditions on the Protected Property, and will meet as needed, but no later than fifteen (I 5) days after receipt of a written request for a meeting, to minimize the same. The party giving notice according to this section shall provide a copy thereof to Assignee. ___ .8.ll., Mediation/1' .. rhitF11tie11Alternative Dispute Resolution. If a dispute arises between the Parties concerning the consistency of any present or proposed use or activity with the Purpose of this Easement, and if Gran tor agrees not to continue or proceed with the use or activity pending resolution of the dispute, the Parties shall meet together to discuss the dispute and attempt resolution. If the dispute is not resolved through preventive discussions, either party may thereafter refer the dispute to mediation or areitratio11. by request made in writing to the other with a copy to Assignee, or the Parties may, by mutual agreement, utilize other forms of alternative dispute resolution. Within thirty (30) days of the receipt of sueh-a mediation request, the Parties shall select a single mediator or arbitrator to hear the matter. The matter shall be settled in accordance with any Washington State mediation or ereitratio11. statute then in effect; IH!d WI ereitratio11. 11\','0ffi may be ell.terea in any eollrt havi11.gjerisaietien. If!lfbitflltio11. is jlHrSHed, the prevaili11.g party shall be ell.titled, in aEIElitien te sHeh ether relief as may ile gFW!ted, to a reaso11.able Slim fer all its easts IH!a eJcpenses related to ooeh areitratio11., i11.elHEli11.g, withol!t limitatio11., the fees IH!a eitpef!Ses of the arbitrator and attorneys' fees, whieh shall be determined by the ereitrator or WI)' eollrt havi11.g jllfisaietion that may be eallea lljlOH to enferee er re>liew the award. 8.2. Pre¥emi-1e Diseussiens. Granter Wla Grantee will preffijltly giYe the other Hotiee of problems or eoHeeTHs !lfisi11.g iH eo11Reetion ·.vith Hie ether's aetio11.s llf!der the Easement or the Hse ofor activities or 0011.Elitions on the Protected Property, Wla vlill meet as 11.eedea, bt1t no later than fifteen (15) days after reeeijlt ofa written rnql!est fer a meeting, to miHimize the same. The party giving netiee aeeordiHg to this section shall J')rovide a OOJ'lY thereof to Assigaee. 9. JUDICIAL RESOLUTION 9.1. Notice of Violation, Corrective Action. If either party determines that the other is in violation of the terms of this Easement or that a violation is threatened, they shall give written notice to the other of such violation and demand corrective action sufficient to cure the Springbrook Conservation Easement 2(}(}Wt,ly 11, }(}(}9 1 Qfu/v 24 2006.hilr 2 f; 2(}(}Wt,l, 20; 2(}(}6.h,t., !9; violation and, where the violation involves injury to the Protected Property resulting from any use or activity inconsistent with the Purpose of this Easement, to restore the portion of the Protected Property so injured to its prior condition in accordance with a plan approved by Grantee. The party giving notice according to this section shall provide a copy thereof to Assignee. 9.2. Failure to Respond. Either party may bring an action as provided in Section 9.3 below if the other party: 9.2.1. Fails to cure the violation within thirty (30) days after receipt of a notice of violation; or 9.2.2. Under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fails to begin curing the violation within the thirty (30) day period and fails to continue diligently to cure such violation until finally cured. 9.3. Action. 9.3.1. Injunctive Relief. Either party may bring an action at law or in equity in a court having jurisdiction to enforce the terms of this Easement: 9.3.1.1. To enjoin the violation, ex parte as necessary and as allowed under the applicable civil rules, by temporary or permanent injunction; and 9.3.1.2. To require the restoration of the Protected Property to the condition that existed prior to any such injury. 9.3.2. Damages. The prevailing party shall be entitled to recover damages for violation of the terms of this Easement or injury to any Conservation Values protected by this Easement. Without limiting Grantor's liability in any way, Grantee shall first apply any damages recovered to the cost of undertaking corrective or restoration action on the Protected Property. 9.4. Emergency Enforcement. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values, Grantee may pursue its remedies under this Section 9 without prior notice to Grantor or without waiting for the period provided for cure to expire. 9.5. Scope of Relief. Grantee's rights under this Section 9 apply equally in the event of either actual or threatened violations of the terms of this Easement. Grantor agrees that Grantee's remedies at law for any violation of the terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this Section 9, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this Section 9 shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Springbrook Conservation Easement 21}1}6Ju/y 11, 21}1}6 I !July 24. 2006Juh 2 t. 21}/J6Jul, 20, 2/J/J6Jul;-19. 9.6. Costs of Enforcement. Except as provided in Section 8.1 above, in the event a party to this Easement finds it necessary to bring an action at law or other proceeding against the other party to enforce any of the provisions of this Easement, or by reason of any breach or default under this Easement, the prevailing party in any such action or proceeding shall be paid all costs and reasonable attorneys' fees by the other party. 9.7. Discretion in Enforcement. Enforcement of the terms ohhis Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any tenns of this Easement by Grantor, its agents, employees, contractors, invitees or licensees shall not be deemed or construed to be a waiver by Grantee of such term of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 9.8. Acts Beyond Party's Control. Neither Grantor nor Grantee shall be in default or violation as to any obligation created hereby and no condition precedent or subsequent shall be deemed to fail to occur if such party is prevented from fulfilling such obligation by, or such condition fails to occur due to: 9.8.1. Actions by trespasser upon the Protected Property; 9.8.2. Forces beyond such party's reasonable control, caused by a natural or human-caused catastrophic event or a deliberate and unlawful act by a third-party, which forces by exercise of due diligence and foresight such party could not reasonably have expected to avoid. A natural catastrophic event includes a flood equal to or greater in magnitude than the I 00-year flood event, an earthquake of a force projected from an earthquake with a return period of 475 years, or a debilitating drought, disease, wildfire, depredation, regional pest infestation, or fluvioigeomorphic change. A human-caused catastrophic event includes war, insurrection, riot or other civil disorders, spill of a hazardous or toxic substance, or fire. A deliberate and unlawful act includes the dumping of a hazardous or toxic substance, vandalism, or arson; or 9.8.3. Any action deemed reasonable by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Protected Property resulting from such causes. In the event the terms of this Easement are violated by acts of trespassers, Grantor agrees, at Grantee's option and expense, to join in any suit, to assign its right of action to Grantee, or to appoint Grantee its attorney in fact, for the purpose of pursuing enforcement action against the responsible parties. 9.9. Compliance Certificates. Upon request by Grantor, Grantee shall within thirty (30) days execute and deliver to Grantor, or to any party designated by Grantor, any document, including a letter of compliance, that certifies, to the best of Grantee's knowledge, the status of Grantor's compliance with any obligation of Gran tor contained in this Easement and otherwise evidences the status of this Easement Springbrook Conservation Easement ~ .. i, JI, 200~ I 2Julv 24. 2006.luly 24. WOWut;, 2/i; 2006JuJ,., 19; 10. COSTS, LIABILITIES, TAXES, ENVIRONMENTAL COMPLIANCE, AND INDEMNIFICATION 10.1. Costs, Legal Requirements, Liabilities and Insurance. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Protected Property. 10.2. Taxes and Other Costs. Grantor shall pay any taxes, fees and charges assessed against the Protected Property by governmental authority as they become due, including taxes imposed upon, or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. To preserve its rights under this Easement, Grantee may, but is in no event obligated to, make payment of any taxes upon five (5) days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from the appropriate authority, without inquiry into the validity of the taxes or the accuracy of the bill, statement or estimate, and the obligation to Grantee created by such payment will bear interest until paid by Grantor at the same rate imposed by the relevant governmental authority for the late payment of the tax so paid by Grantee. 10.3. Representations and Warranties. Grantor represents and warrants that to Grantor's actual knowledge, and except as disclosed to Grantee in writing prior to the effective date of this Easement: 10.3 .1. There are no apparent or latent defects in or on the Protected Property, such as an open well. garbage dump, abandoned underground tanks. or hazardous waste dump; and 10.3 .2. Gran tor and the Protected Property are in compliance with all federal, state, and local laws, regulations, and requirements applicable to the Protected Property and its use, including, but not limited to, environmental laws, regulations, and requirements. 10.4. Control. Nothing in this Easement shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in Grantee to exercise physical or managerial control over the day-to-day operations of the Protected Property, or any of Grantor's activities on the Protected Property, or otherwise to become an operator with respect to the Protected Property within the meaning of the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended ("CERCLA"), and the Model Toxics Control Act, as amended ("MTCA"). 10.5. Grantor's Indemnification. Grantor shall hold harmless, indemnify, and defend Grantee and its members, directors, officers, employees, agents, and contractors ( collectively "Grantee Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' and consultants' fees, arising from or in any way connected with breach of its representations and warranties or injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring Springbrook Conservation Easement 2006Jul;· 11, 2006 13.Ju/y 24. 2006.Jul;, 21; 2{}{16Juh 20. WOM,,t, 19; on or about the Protected Property that is not a consequence of any action or omission of any of the Grantee Indemnified Parties on or about the Protected Property. 10.6. Grantee's Indemnification. Grantee shall hold harmless, indemnify, and defend Grantor and Grantor's members, directors, officers, employees, agents, and contractors ( collectively "Grantor Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' and consultants' fees, arising from or in any way connected with injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Protected Property that is a consequence of Grantee's actions or omissions or the actions or omissions of Grantee's members, directors, officers, employees, agents, or contractors on or about the Protected Property. 11. EXTINGUISHMENT, CONDEMNATION, AND SUBSEQUENT TRANSFER 11.1. Extinguishment. If circumstances arise in the future that render the Purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by the Parties' mutual agreement and with the written approval of the Banking Agencies, or by judicial proceedings of a court having jurisdiction. Unless otherwise agreed to by the Parties, Grantee shall have no compensable interest in this Easement under such circumstances and Grantee acknowledges that its compensation relating to its obligations under this Easement is provided for under separate agreement with the Grantor. The immediately foregoing provision shall be limited solely to the circumstances described in this Section I I.I, and shall not be interpreted to have any application or inference to any other provision of, or circumstance under, this Easement, including, but not limited to, those provisions pertaining to Grantee's rights to enforce the terms of this Easement and Grantee's rights to damages to, or the cost ofrestoring, the Conservation Values. 11.2. Condemnation. If the Easement is taken, in the whole or in the part, by the exercise of the power of eminent domain, Grantee shall not be entitled to compensation and the entirety of any compensation award shall belong to Grantor. The immediately foregoing provision shall be limited solely to the circumstances described in this Section 11.2, and shall not be interpreted to have any application or inference to any other provision of, or circumstance under, this Easement, including, but not limited to, those provisions pertaining to Grantee's rights to enforce the terms of this Easement and Grantee's rights to damages to, or the cost of restoring, the Conservation Values. ll.3. Subsequent Transfers. Grantor agrees to: 11.3.1. Incorporate the terms of this Easement by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Protected Property, including, without limitation, a leasehold interest; 11.3 .2. Describe this Easement in and append it to any executory contract for the Springbrook Conservation Easement ¥}JM.!u/y JJ, 20M 14July 24. 2006.h<fr 2 f; 2006.lul, 20; 2006.luh !9; transfer of any interest in the Protected Property; and 11.3.3. Give written notice to Grantee of the transfer of any interest in all or a portion of the Protected Property prior to the date of such transfer. Such notice to Grantee shall include the name, address, and telephone number of the transferee or the transferee's representative. The failure of Grantor to perform any act required by this Section 11.3 shall not impair the validity of this Easement or limit its enforceability in any way. 11.4. No Merger. In the event that Grantee acquires the fee title to the Protected Property, it is the Parties intention that no merger of title shall take place that would merge the restrictions of this Easement with fee title to the protected property and thereby eliminate them, and that the restrictions on the use of the Protected Property, as embodied in this Easement, shall, in the event title becomes vested in Grantee, become and remain permanent and perpetual restrictions on the use of the Protected Property. Furthermore, the Grantee agrees to incomorate the provisions in this Grant Deed of Conservation Easement in any subsequent conveyance of an interest in the Protected Property.~ 12. AMENDMENT If circumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantee are free to jointly amend this Easement upon approval of such amendment or modification by the Banking Agencies. Any such amendment shall be recorded in the official records of King County, Washington, and any other jurisdiction in which such recording is required. 13. ASSIGNMENT AND SUCCESSION 13.1. Assignment Generally. With Grantor's written approval, which will not be unreasonably withheld, conditioned, or delayed, and the Banking Agencies' written approval, this Easement is transferable, but Grantee may assign its rights and obligations under this Easement only to an organization that is authorized to acquire and hold conservation easements under RCW 64.04.130 or RCW 84.34.210 (or any successor provision(s) then applicable). As a condition of such transfer, Grantee shall require that the transferee exercise its rights under the assignment consistent with the Purpose of this Easement. Grantee shall notify Grantor in writing forty-five (45) days prior to such assignment at Grantor's last known address. 13.2. Assignment to WSDOT. The Grantee agrees to assign this Easement to the Washington State Department of Transportation ("Assignee") at such time as all of the Assignee's banking credits have been sold, used or transferred, or the Sponsors have permanently ceased banking activities, whichever occurs earlier (Termination of Assignee's Mitigation Bank Operational Life). Assignee shall certify in writing to Grantor, Grantee and the Bank Oversight Committee that the events necessary for Termination of Assignee's Mitigation Bank Operational Life have occurred, and that Assignee requests Assignment of the Easement Springbrook Conservation Easement l.!JJL6.fuly n. 1006 15July 24. 2006.htw u. 1006hii' 10. 1006hfr 19; pursuant to this Section. Upon Grantee's receipt of Grantor's written approval, which will not be unreasonably withheld, conditioned, or delayed, and receipt of the Banking Agencies' written approval, Grantee shall assign, and WSDOT shall accept assignment under an Assignment of Easement substantially in the form of Exhibit E. Assignee will be obligated to all terms of this Easement and will hold this Easement from that point on in perpetuity. 13.3. Succession. If at any time (a) it becomes impossible for Grantee to ensure compliance with the covenants, terms, conditions and restrictions contained in this Easement, (b) the Grantor and the Banking Agencies, or the Banking Agencies alone, determine that this Easement should be assigned due to any reasons of actual non performance by the Grantee, including, but not limited to, circumstances under which actual non performance occurs because Grantee is the holder of both the fee title to the Protected Property and this Easement, (c) Grantee ceases to exist or to be authorized to acquire and hold conservation easements under RCW 64.04.130 and 84.34.210 (or any successor provision(s) then applicable), or (d) Grantee is otherwise released from its liabilities and obligations under the Easement, then, if Grantee has been provided forty five (45) days prior notice and opportunity to cure any non performance or otherwise remedy any other circumstance forming the basis of any transfer under this Section 13.2, and subject to the Preventative Discussion provisions under Section 8.2 above if applicable, Grantee's rights and obligations under this Easement shall become vested and fall upon the Banking Agencies or such other entity, with purposes similar to Grantee's, that is authorized to acquire and hold conservation easements under RCW 64.04.130 or RCW 84.34.210 (or any successor provision(s) then applicable), to the extent that they shall accept this Easement; provided that if such vesting is deemed to be void under the Rule Against Perpetuities, the rights and obligations under this Easement shall vest in such organization as a court having jurisdiction shall direct, pursuant to the applicable Washington law and with due regard to the Purpose of this Easement. 14. RECORDATION Grantee shall record this Easement in a timely fashion in the official records of King County, Washington, and in any other appropriate jurisdictions, and may re-record it at any time as may be required to preserve its rights in this Easement. 15. GENERAL PROVISIONS 15.1. Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of Washington. 15.2. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the Purpose of this Easement. If any provision in this Easement is found to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. Springbrook Conservation Easement lfl!LW,,/y I I. 20M 16.July 24. 2006.!ul, 11. 2/JOWu?v W. 2006.lu/-y 19. 15.3. Severability. If any provision of this Easement, or its application to any person or circumstance, is found to be invalid, the remainder of the provisions ofthis Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected. 15.4. Entire Agreement. Except as to the Conservation Easement Reimbursement Agreement for Springbrook Creek Wetland and Habitat Mitigation Bank, aHy ether vmtteH agreemeftt hetweeH the Parties, all prior discussions, negotiations, understandings, communications, or oral agreements regarding this Easement have been superseded by, and are merged into, this Easement. 15.5. No Forfeiture. This Easement does not convey any interest in the Protected Property other than the rights specifically provided herein. NethiHg eafttaiHed iR this Easemeat will reslllt in a ferfeimre afGFafltar's title in any respeet. 15.6. "Gran tor" -"Grantee". The terms "Grantor" and "Grantee," wherever used in this Easement, and any pronouns used in their place, shall be held to mean and include, respectively the above-named Grantor, and its successors and assigns, and the above-named Grantee, and its successors and assigns. 15.7. Successors and Assigns. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the Parties to this Easement and their respective successors and assigns, and shall continue as a servitude running in perpetuity with the Protected Property, unless sooner terminated as expressly provided for herein. No term or provision of this Easement is intended to be, or shall be, for the benefit of any person, firm, organization, or corporation not a party to this Easement, and no such other person, firm, organization, or corporation shall have any right or cause of action hereunder, except as expressly provided in Section 13 above. 15.8. Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or Protected Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 15.9. Counterparts. The Parties may execute this Easement in two or more counterparts, which shall be signed by all Parties. Each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 15.10. Recitals. Each recital set forth above is fully incorporated into this Easement. 15.11. Effective Date. The effective date of this Easement is the date ofrecording of this Easement. 15.12. Authority. The individuals signing below, if signing on behalf of any entity, represent and warrant that they have the requisite authority to bind the entity on whose behalf Springbrook Conservation Easement 2(}(}6Jtily I 1. 2(}(}6 I ?July 24 2006;/f,h• 21, 2(}(}6.lufr 20; 2(}(}6Jt,Z., 19 they are signing. 15.13. Captions. The captions in this instrument have been inserted solely for convenience and ease of reference and are not a part of this Easement and shall have no effect upon construction or interpretation. 16. SCHEDULE OF EXHIBITS 16.1. Exhibit A --Legal Description of Property Subject to Easement. 16.2. Exhibit B --Site Map(s). 16.4. Exhibit C -Permitted Exceptions 16.5 Exhibit D --Agreement for Release From Liability 16.6 Exhibit E -Assignment of Easement To HA VE AND TO HOLD unto Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement this _ day of ___ __:, 2006. CITY OF RENTON, Grantor By _________ _ Kathy Keolker, Mayor The CASCADE LAND CONSERVANCY does hereby accept the above Grant Deed of Conservation Easement. Dated:----------- CASCADE LAND CONSERVANCY, Grantee By ___________ _ Gene Duvernoy, President The WASHINGTON STATE DEPARTMENT OF TRANSPORTATION does hereby accept its designation as Assignee upon the occurrence of those events described in Paragraph 13.2 above. Dated:----------- Springbrook Conservation Easement JJ!!Mfuly u. wor, WASHINGTON STATE DEPARTMENT OF TRANSPORTATION I &July 24. 2006Jr,f;, 21 2(}(}6J,,t, 2(} 2(J(}Wr,I, 19 Springbrook Conservation Easement 2006.!uly !! , 2006 By~~~~~~~~~~~ Gerald L. Gallinger Director of Real Estate Services 19Julv 24. 2006.lulr 21. 2006./1;1/r 20. 2006./.,/y ! 9; STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this __ day of 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the CITY OF RENTON, the Washington -- limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the deal and year in this certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at. ______ _ Print Name: __________ _ My commission expires ______ _ STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this __ day of 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared GENE DUVERNOY to me known to be the President of Cascade Land Conservancy, the Washington nonprofit corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the deal and year in this certificate above written. Springbrook Conservation Easement 2.f!fM..lli/y 11, 2 (}(}6 NOT ARY PUBLIC in and for the State of Washington, residing at. ______ _ Print Name:. __________ _ My commission expires. ______ _ 20July 24. 2006Jbltt 2 i 2006,Jub 20; ](}(}6Julv 19; EXHIBIT A Legal Description of Property Subject to Easement1m1 UNITA Parcel A Lots I, 2, 7 and 8, Block 6, Burlington Northern Industrial Park Renton II, according to the plat thereofrecorded in Volume 111 of Plats, pages 42 through 44, inclusive, records of King County, Washington; TOGETHER WITH that portion of the former 20 foot railroad right-of-way, as delineated on said plat adjoining said lots, as relinquished under Recording Number 8909110687. UNITSBANDC Parcel A All those portions of Government Lot 11, of the southwest quarter of the northeast quarter and the southeast quarter of the northwest quarter of Section 25, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at a point of the east line of Government Lot 10 in said section at a point 255.38 feet southerly, as measured along said east line, from the south line of Henry Meader Donation Land Claim No. 46; thence westerly on a straight line to a point on the easterly line of the Northern Pacific Railway Company Right-of-Way at a point 289.12 feet southerly, as measured along said easterly line, from said south line of the Donation Land Claim and the TRUE POINT OF BEGINNING; thence southeasterly to a point on a line parallel with and 60 feet east of said easterly line of the Northern Pacific Railway Company Right-of-way at a point 1,100 feet north of the east-west centerline of said section; thence south, along said parallel line, to a point on the south line of a tract conveyed to Broadacres, Inc. by deed recorded under Recording Number 7504010373, said point being 545.6 feet north of said east-west centerline; thence east, along said south line to the east line of the southwest quarter of the northeast quarter of said section at a point 545.6 feet north of said east-west centerline; thence south, along said east line, to the northwest corner ofLongacres Parkway as delineated on the face of Burlington Northern Industrial Park Renton II, according to the plat thereof recorded in Volume II of Plats, pages 42 through 44, inclusive, records of King County, Washington; thence South 87°57'39" West 1,624.00 feet, more or less, to the intersection of the northerly extension of the easterly line of the proposed P-1 channel as shown on the above referenced plat, said line being 20.00 feet, more or less, west of the northwest comer of Lot 5, Block 9 of said plat; thence southerly, along said extension, to a point which bears South 88°29'29" East from a point being measured along the easterly line of said railroad right-of-way and 2,028.44 feet north of the south line of said Section; EXCEPT that portion condemned by Central Puget Sound Regional Transit Authority by King County Cause No. 02-2-21757-5 and as recorded under Recording Number 20020906001276; Springbrook Conservation Easement JltM.kij' 11, 2/}{}(J 2 IJuly 24. 2006Jul-;. 2 i 2006.Jw,; 20. ]{}{}M,ly 19 TOGETHER WITH all those portions ofGovcmment Lot 9 and of the southeast quarter of the northeast quarter of Section 25, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at a point 20 feet west of the east line of Government Lot 9 and 1,254.20 feet south of the north line; thence North 88°24'48" West 1,029.43 feet more or less to a point 300 feet east of the west line of Government Lot 9; thence South 1°01 '49" West on a line parallel to and 300 feet east of the west line of Government Lot 9 and the west line of the southeast quarter of the northeast quarter of Section 25, 845.23 feet; thence South 88°24'48" East 1,032.55 feet more or less to a point 20 feet west of the east line of said south east quarter of the northeast quarter; thence North 0°49'10" East 845.19 feet to point ofbeginning; EXCEPT that portion conveyed for Southwest 27th Street by deed recorded under Recording Number 8203150516; TOGETHER WITH the southeast quarter of the northeast quarter of Section 25, Township 23 North, Range 4 East, W.M., in King County, Washington; EXCEPT the east 20 feet thereof; AND EXCEPT any portion thereoflying within the Plat of Burlington Northern Industrial Park Renton II, according to the plat thereof recorded in Volume 111 of Plats, pages 42 through 44, inclusive, records of King County, Washington; AND EXCEPT that portion lying easterly of the following described line: Beginning at a point on the north line of said southeast quarter of the northeast quarter which is 300 feet east of the northwest comer; thence South 01 °01 '49" West, on a line parallel to and 300 feet east of the west line of said southeast quarter of the northeast quarter, to the north line of Lot 7, Block 7, Burlington Northern Industrial Park Renton II, according to the plat thereof recorded in Volume 111 of Plats, pages 42 through 44, inclusive, records of King County, Washington, and the terminus of said line; AND EXCEPT any portion thereoflying within the following: Beginning at the northeast comer of said Government Lot 9; thence North 87°21 '38" West along the north line thereof a distance of 20.01 feet to the west line of the east 20 feet of said Government Lot 9; thence South 0°49'41" West along said west line a distance of 1,254.20 feet to the north line of a tract ofland conveyed to the City of Renton by deed recorded under King County Recording Number 7603250650; thence along the north line of said tract ofland North 88°24'17" West a distance of 1,022.32 feet to a line parallel with and 300 feet easterly of the west line of said Government Lot 9 and the TRUE POINT OF BEGINNING; thence along said parallel line North 1°07'49" East a distance of 45.00 feet; thence North 88°24'17" West a distance of300.0l feet to the west line of said Government Lot 9; thence along the west line of the southeast quarter of the northeast quarter of said Section 25; South 1°07'49" West a distance of 90.00 feet; thence South 88°24'17" East a distance of300.0l feet to a line parallel with and 300 Springbrook Conservation Easement l2!li;,'uly 11, 2006 22/uly 24 2006Jttl. 2 f 2(}f}6,'uly 2(1; 2Q0Mw!, 19. feet easterly of the west line of the southeast quarter of the northeast quarter of said Section 25; thence along said parallel line North 01 °07'49" East a distance of 45 feet to point of beginning. Parcel B All that portion of Section 25, Township 23 North, Range 4 East, W.M., in King County, Washington, lying westerly and northerly of the Plat of Burlington Northern Industrial Park Renton II, according to the plat thereof recorded in Volume 111 of Plats, pages 42 through 44, inclusive, records of King County, Washington, all being more particularly described as follows: Beginning at the northwest comer of Lot 5 in Block 9 of said Plat of Burlington Northern Industrial Park Renton No. II; thence North 88°32'51' West along the north line of said plat, a distance of 20.00 feet to its intersection with the easterly line of proposed P-1 channel; thence North 02°07'1 l" East along the east line of said channel projected northerly a distance of 1,560.00 feet, more or less, to its intersection with a line that bears North 87°57'39" West from the most northwesterly comer ofLongacres Parkway, as dedicated in the Plat of Burlington Northern Industrial Park Renton II, said point being on the west line of Government Lot 9 in the northeast quarter of said Section 25; thence South 87°57'39" East, a distance of 1,624.00 feet, more or less, to its intersection with the northwesterly comer of said right-of-way, said point also being on the west line of said Government Lot 9; thence South 01 °30'31" West along the westerly line of said right-of-way, a distance of 1,570.12 feet to its intersection with the north line of Block 9 of said plat projected easterly, said point also being the southeast comer of the northwest quarter of the southeast quarter of said Section 25; thence North 87°44'27" West along said north line, a distance of 1,347.99 feet; thence North 88°32'51" West along the north line of said Block 9, a distance of 275. 79 feet to the TRUE POINT OF BEGINNING; EXCEPT that portion thereof conveyed to Burlington Northern Railroad Holdings, Inc., by deed recorded under Recording Number 8911170955. Parcel C Lot 7, Block 7, Burlington Northern Industrial Park Renton II, according to the plat thereof recorded in Volume 111 of Plats, pages 42 through 44, inclusive, records of King County, Washington; EXCEPT that portion of said Lot 7 conveyed to the City of Renton for road purposes by deed recorded under Recording Number 830609070 l and as corrected by Recording Number 8308050868; TOGETHER WITH the west half of the former 20 foot railroad right-of-way adjoining on the east, as relinquished under Recording Number 8909110687. Parcel D That portion of Lots I and 6, Block 7, Plat of Burlington Northern Industrial Park Renton II, Springbrook Conservation Easement ¥J!L6.!ulj· 11, 21}(}6 23.Ju/y 24. 2006JH/-, 14; 1(}(}6.Ju/,~ 10; l(}(}Wul)• 19. according to the plat thereofrecorded in Volume 111 of Plats, pages 42 through 44, inclusive, records of King County, Washington, lying north of the following described line: Beginning at a point on the east line of said Lot I which lies North 01 °47'34" East 172.52 feet from the southeast comer thereof; thence North 88°29'29" West parallel to the south line of said Lot I, a distance of 1,204.25 feet to the east line of Oakesdale A venue Southwest and the terminus of said described line: TOGETHER WITH that half of Burlington Northern Railroad Right-of-Way adjoining said described portion of Lots I and 6, as Quit-Claimed under Recording Number 8909110687; EXCEPT that portion of said Lot 6, Block 7, conveyed to the City of Renton for street purposes by deed recorded under Recording Number 8306090701 and as corrected by Recording Number 8308050568; (ALSO KNOWN AS Lot 1, City of Renton Short Plat No. SHPL-125-89 recorded under Recording Number 9103209006). UNITD Parcel A That portion of the northeast quarter of the northwest quarter of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, lying easterly of the Northern Pacific Railroad right-of-way and lying west of the following described line: Beginning at the northeast comer of Henry Adams Donation Land Claim; thence east along the centerline of South 180th Street (formerly Cord), 114 feet; thence north 30 feet to the north line of aforesaid street and the TRUE POINT OF BEGINNING; thence north 644.78 feet; thence northerly on a straight line, parallel to the east line of said Northern Pacific Railway Company right-of-way, to the north line of said Section 36 and the terminus of said line; EXCEPT the south 30 feet thereof; AND EXCEPT that portion described as follows: Beginning at the southeast comer of said northeast quarter of the northwest quarter; thence north 30 feet; thence west parallel with said south line of said subdivision, to a point 19.95 feet easterly of, as measured at right angles to said Old Main Line Tract centerline and the TRUE POINT OF BEGINNING; thence north parallel with said Old Main Line Tract centerline a distance of 213.40 feet; thence westerly as measured at right angles to said Old Main Line Tract centerline, a distance of20.95 feet to a point distant 50 feet easterly, as measured at right angles to said Old Main Line Tract centerline; thence southerly along a line 50 feet easterly as measured at right angles to said Old Main Line Tract centerline, to a point 30 feet north of the south line of said subdivision; thence east to the point of beginning. UNITE PARCEL A Lots I, 2 and 4, Block 8, Burlington Northern Industrial Park Renton II, according to the plat Springbrook Conservation Easement l{tJ/fr,lu/y 11, 2()()/j 24Ju/y 24 2006Jr,I;, 21. 2{){)6Ju/-, 20; 2{){)6J11/j• 19; thereofrecorded in Volume 111 of Plats, pages 42 through 44, inclusive, records of King County, Washington; TOGETHER WITH that portion of the former railroad right-of-way as delineated on said plat adjoining said lots, as relinquished under Recording Number 8909110687; EXCEPT the north 463.95 feet of said Lot 4 as measured along the west line thereof; ALSO EXCEPT the north 463.95 feet of said former railroad right-of-way as measured along the east line thereof; AND ALSO EXCEPT that portion of said Lot 2 described in deed to the City of Renton recorded under Recording Number 830609070 I and correction thereof recorded under Recording Number 8308050568; (ALSO KNOWN AS Lot I, City of Renton Lot Line Adjustment No. LLA-92-090, recorded under King County Recording Number 9206119003). Springbrook Conservation Easement 2(}06.!1t{J• !}, 2006 25July 24, 2006.!r,[,,. 2f 2006.!ui, l/J. 2()06.fu/-;i I9. EXHIBITB Site Map [[Note: To be recordable, Site Map needs to be simple black and white line drawing of site boundaries (le., of the Protected Property) with no shading, and with full I" margins all the way around the page. Also needs to show approximate location of recreational trail as noted Springbrook Conservation Easement ¥}.i_Wffl, 11, 2/)(}(; in Par. 5.5.lf 26July 24. 2006Ji,[-, 2 f; 21}(}6.Ju[-, 21}; 21}(}6.fufr 19; EXHIBITC Permitted Exceptions [[Note: This Exhibit is for acceptable exceptions to title report. Should include map showing portions of the property encumbered by each substantive easement]] Springbrook Conservation Easement J92Muly 11, WfJ6 27Ju/v 24. 2006Jtll, 2{; 200W..ly 20; 200ftJuh 19; EXHIBITD Agreement for Release from Liability In consideration for permission to enter certain property, the Springbrook Creek Mitigation Bank, in King County, Washington, owned by City of Renton (hereafter the "Protected Property") to observe and study the ecology of the Protected Property, I hereby acknowledge and agree to the following: 1. My activities in the Protected Property involve many risks, including, but not limited to, risks of bodily injury/illness or death resulting from accident, poisonous plants or animals; 2. l am entering the Protected Property at my own risk and l assume full responsibility for the risk of bodily injury or death, whether foreseen or unforeseen, in connection with my activities in the Protected Property; 3. l HEREBY RELEASE, w AIVE AND DISCHARGE CITY OF RENTON and their personal representatives, heirs, successors, and assigns, and the CASCADE LAND CONSERVANCY and its personal representatives, successors, and assigns from any liability for harm or loss suffered by me in connection with my activities in the Protected Property, WHETHER BY NEGLIGENCE OR NOT, and I FURTHER SA VE AND HOLD HARMLESS CITY OF RENTON, WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, and their personal representatives, heirs, successors or assigns, and the CASCADE LAND CONSERVANCY, and its personal representatives, successors, and assigns, from any and all liability, actions, causes of action, claims, demands of every kind and nature whatsoever by me or my family, estate, heirs, executors, administrators, legal representatives, successors or assigns arising out my activities in the Protected Property; 4. I hereby expressly agree that this "AGREEMENT FOR RELEASE FROM LIABILITY" is intended to be as broad and inclusive as permitted by the laws of the State of Washington, and if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect; and 5. This "AGREEMENT FOR RELEASE FROM LIABILITY" contains the entire agreement between the parties hereto and that the terms of this Agreement are contractual in nature and not a mere recital; I understand all of the terms; and I am of lawful age and legally competent to sign this Agreement. ------------------------------------------------------------------------------------------------------- ** I HA VE FULLY INFORMED MYSELF OF THE CONTENT OF THIS "AGREEMENT FOR RELEASE FROM LIABILITY" BY READING IT CAREFULLY BEFORE SIGNING IT. Name(pnnt) Date Springbrook Conservation Easement 2J}J}_6.h,/y ! ! ' 2/}(}(i Signature City/County/State 2&fu/y24. 2006Ju/y21. 2006July 20. JOOWuh· 19; EXHIBIT E Assignment of Easement [[Note: simple form assignment to be attached here.]] Springbrook Conservation Easement 2006Ju/y Jl, 2006 29July 24. 2006Jt,fy 24, 2006JuJw 20. 2oow..iv !9. [Hl]Needs to be updated with new areas -lot line adjustment land map CONSERVATION EASEMENT REIMBURSEMENT AGREEMENT FOR SPRINGBROOK CREEK WETLAND AND HABITAT MITIGATION BANK THIS CONSERVATION EASEMENT REIMBURSEMENT AGREEMENT FOR SPRINGBROOK CREEK WETLAND AND HABITAT MITIGATION BANK ("Agreement") is entered into by and between the City of Renton, a municipal corporation ("City"), and Cascade Land Conservancy, a Washington nonprofit corporation ("CLC"), ( collectively "Parties"). Recitals A. The City is the owner of certain real property (the "Protected Property") in King County, Washington, more particularly described in Exhibit A (legal description) and shown on Exhibit B (site plan), which are attached and incorporated into this Agreement by this reference. B. CLC is a publicly supported, tax-exempt nonprofit organization, qualified under Sections 501(c)(3) and 170(h) of the Internal Revenue Code of 1986, as amended, and also qualified as a nonprofit nature conservancy corporation under RCW 64.04.130 and RCW 84.34.250, whose primary purpose is to promote the preservation of open space and critically important ecological systems in Snohomish, King, Pierce, Kittitas Counties and surrounding counties in Washington State. C. The Protected Property possesses wetlands and other fish and wildlife habitat ("Conservation Values"). The Conservation Values are a result of the Protected Property's inherent ecological potential and of the existing and/or anticipated restoration and enhancement of wetlands and other habitats on the Protected Property by the City and the Washington State Department of Transportation ("WSDOT"). D. The foregoing restoration and enhancement is intended to qualify the Protected Property for inclusion by the City and WSDOT ( collectively "Sponsors") in a wetland mitigation bank and issuance of credits therefrom ("Springbrook Creek Wetland and Habitat Mitigation Bank" or "Mitigation Bank"). The Springbrook Creek Wetland and Habitat Mitigation Bank was established by the Sponsors in coordination with, and approved by, the Washington Department of Ecology and U.S. Army Corps of Engineers ("Banking Agencies"), in consultation with other certain public agencies ( collectively, "Bank Oversight Committee"). Additional restoration and enhancement of the Protected Property may occur as identified and described in that certain Memorandum of Agreement and Mitigation Banking Instrument for the Springbrook Creek Wetland and Habitat Mitigation Bank, as may be amended from time to time ( collectively "Banking IHslfumemAgreements"), approved by the Banking Agencies. Springbrook Reimbursement Agreement I June 26, 2006 Preliminary Review Draft E. Placement of a conservation easement on the Protected Property is a condition of the establishment of the Mitigation Bank. The City will be granting a conservation easement to CLC substantially in the form of Exhibit C to this Agreement ("Conservation Easement"). The Parties anticipate that they will execute this Agreement simultaneously with execution of the Conservation Easement. F. The Conservation Easement provides for assignment of all ofCLC's rights and obligations under the Easement to WSDOT at the Termination of Assignee's Mitigation Bank Operational Life, as defined in the Easement. G. The purpose of this Agreement is to reimburse CLC for its stewardship and management activities under the Conservation Easement, and to establish the Parties' mutual understandings regarding the implementation of certain stewardship and management activities occurring under the Conservation Easement, such as preparation of the specific inventory of relevant features of the Protected Property ("Baseline Documentation" as defined in the Conservation Easement) and monitoring of the Protected Property. H. This Agreement does not govern or affect the substantive requirements under or enforcement of the terms of the Conservation Easement or the Banking JastrumentAgreements. Nor does this Agreement provide standards or criteria regarding the effectiveness of the Sponsors' restoration or enhancement of the Protected Property, provide a basis for ensuring the effectiveness of such restoration and enhancement, or obligate CLC to ensure such effectiveness. The Parties acknowledge that such standards and criteria and the ability to ensure the effectiveness thereof are provided for in the Banking lastrumefltAgreements. Finally, the Parties acknowledge that the activities and funding provided for in this Agreement and the Conservation Easement relate solely to CLC's stewardship of the Protected Property under the Conservation Easement, and not to any long term management or maintenance obligations that may be imposed on the Sponsors under the Banking InstFtlffleatAgreements. Now, therefore, inconsideration of the mutual promises contained herein, the Parties agree as follows: Agreement Section 1. Conservation Easement Stewardship and Management Funding. A. City Payment for Conservation Easement Establishment Expenses. By executing this Agreement, CLC acknowledges its receipt from the City of the sum of_[[Twenty-two and 00/100 Thousand Dollars ($22,000.00) (estimate: to be based on final costs at closing]]_ for CLC's establishment of the Conservation Easement, including reimbursement of all expenses incurred by CLC in preparing the Conservation Easement and this Agreement, expenses of related coordination with the Sponsors and the Banking Agencies, and payment of expenses to be incurred by CLC in preparation of the initial Baseline Documentation. Creation of the initial Springbrook Reimbursement Agreement 2 June 26, 2006 Preliminary Review Draft Baseline Documentation report includes site visit(s), mapping, photo-documentation, report preparation and revisions. B. City Annual Payment of Conservation Easement Stewardship and Management Fee. In addition, until such time as this Agreement is terminated, as provided in Section 5 below, the City shall pay CLC the sum of Five Thousand and 00/100 Dollars ($5,000.00) per year, subject to a three percent (3%) annual adjustment for inflation, for CLC's stewardship and management activities under the Conservation Easement as provided in this Section l .B. (i). The City shall make the first annual payment no later than sixty ( 60) calendar days after the date on which the Conservation Easement is recorded. (ii). The City shall make all subsequent annual payments no later than the first day of [[ the same month as initial payment/] [ month J of each subsequent year, or within (30) days ofreceipt ofCLC's invoice, whichever is later. (iii). The Conservation Easement stewardship and management fee provided for in this Section l .B covers: annual monitoring (including site visit(s), photo-documentation, and report); updating of the Baseline Documentation report to reflect the Sponsors' restoration and enhancement of the Protected Property; outreach to landowner and community; coordination with Bank Oversight Committee; and administrative expenses related to management of Conservation Easement. C. City Reimbursement of Extraordinary Conservation Easement Expenses. The City shall reimburse CLC for any expenses CLC incurs for Conservation Easement stewardship and management activities other than those provided for in Section 1.B above ("Extraordinary Expenses"). (i). Extraordinary Expenses include expenses associated with emergency stewardship actions, such as responding to dumping, encroachment, encampment or other activities or events inconsistent with the provisions of the Easement, and those associated with enforcement of the Easement, including staff time, costs and reasonable attorneys' fees. (ii). To the extent practicable, CLC shall provide the City with written notice before incurring Extraordinary Expenses. (iii). CLC shall provide the City with an invoice detailing any Extraordinary Expenses actually incurred. The City shall reimburse CLC for such expenses within 30 days of receipt of the invoice. (iv). Any disputes regarding Extraordinary Expenses shall be resolved as provided in Section 4 below. Springbrook Reimbursement Agreement 3 June 26, 2006 Preliminary Review Draft D. Default and Late Fee. The City shall be in default of the terms of this Agreement if it fails to make a required annual payment or Extraordinary Expense reimbursement payment by the due date set forth in this Section I. In addition to the remedies available to CLC under Section 4 in the event of such default, CLC shall be entitled to a late fee per month of 1.5% of such payment. Section 2. Conservation Easement Baseline Documentation and Other Information. Under the Conservation Easement, CLC is required to prepare and maintain Baseline Documentation for the Protected Property. In order to fulfill this requirement, CLC must receive relevant information and documentation from the City as provided for in this Section 2. A. City's Obligations. (i). The City shall provide to CLC available documentation regarding the features of the Protected Property that are relevant to the Conservation Values (i.e., reports, maps, photographs, and other documentation that provide, collectively, an accurate representation of the Protected Property), including specifically the Banking lflstfllffieat Agreements as approved by the Banking Agencies, and other maps, documents and reports as appropriate. The City shall provide such documentation to CLC no later than fifteen (15) calendar days after the date on which the Conservation Easement is recorded. The City shall also provide CLC with simultaneous copies of as-built drawings and of any annual monitoring reports that the City or WSDOT provide to the Banking Agencies pursuant to the Banking InstrnmeatAgreements. (ii). If the City removes any of the easements, restrictions, interests or water rights of record relating to the Protected Property, including those identified in Exhibit C to the Conservation Easement, the City shall advise CLC of such removal within 30 days of the effective date thereof. B. CLC's Obligations. CLC shall prepare and maintain the Baseline Documentation for the Protected Property as provided in the Conservation Easement. CLC shall fulfill this obligation in accordance with the schedule and other requirements established in the Conservation Easement. Section 3. Conservation Easement Stewardship. Under the Conservation Easement, CLC is agreeing to preserve and protect the Conservation Values of the Protected Property. The Parties' substantive rights and obligations regarding this stewardship are provided in the Conservation Easement. Such stewardship activities, including activities such as monitoring and enforcement, will be performed according to and governed by the terms of the Conservation Easement, and not according to this Agreement. This Section 3 relates solely to the Parties' understandings regarding implementation of stewardship activities occurring under the Conservation Easement. Springbrook Reimbursement Agreement 4 June 26, 2006 Preliminarv Review Draft A. Stewardship Activities. The Parties understand and acknowledge that CLC will undertake its stewardship activities under the Conservation Easement, including monitoring and any enforcement, in a manner that is generally consistent with the standards and practices of the land conservation community, such as those published by the Land Trust Alliance, as they may be amended from time to time. B. Conservation Easement Monitoring. The Parties understand and acknowledge that stewardship of conservation easements typically includes monitoring for compliance with easement provisions on at least an annual basis, and that CLC will follow a similar schedule in its monitoring of the Protected Property under the Conservation Easement. Section 4. Dispute Resolution and Enforcement. A. Mediation/ Arbitration. If a dispute arises between the Parties concerning the interpretation or performance under this Agreement, the Parties shall meet together to discuss the dispute and attempt resolution. If the dispute is not resolved through preventive discussions, either party may thereafter refer the dispute to mediation or arbitration by request made in writing to the other. Within thirty (30) days of the receipt of such a request, the Parties shall select a single mediator or arbitrator to hear the matter. The matter shall be settled in accordance with any Washington State mediation or arbitration statute then in effect, and an arbitration award may be entered in any court having jurisdiction. If arbitration is pursued, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for all its costs and expenses related to such arbitration, including, without limitation, the fees and expenses of the arbitrator and attorneys' fees, which shall be determined by the arbitrator or any court having jurisdiction that may be called upon to enforce or review the award. B. Remedies, Specific Performance. In addition to an action for damages, either party may bring an action at law or in equity in a court having jurisdiction to enforce the terms of this Agreement; to require specific performance of the obligations of this Agreement; to provide injunctive relief (mandatory or prohibitive); or to terminate this Agreement. The parties agree that, in the event of a material breach of the terms of this Agreement, remedies at law for any such violation may be inadequate and the Parties' obligations under this Agreement shall therefore be enforceable through the remedies of specific performance and injunctive relief described above, in addition to such other relief to which the Parties' may be entitled, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. C. Release from Conservation Easement Obligations. In addition to the remedies provided in Section 4.B above, in the event that the City does not fully satisfy its funding obligations under Section I of this Agreement, CLC shall also have the right to have itself fully released from all its liabilities and obligations under the Conservation Easement. CLC is entitled to this relief regardless of whether there is an entity capable of or willing to assume CLC' s rights Springbrook Reimbursement Agreement 5 June 26, 2006 Preliminary Review Draft and obligations under the Conservation Easement, and regardless of the effect that such release of CLC' s Conservation Easement liabilities and obligations may have on the Sponsors' compliance with the terms of the Banking lttslruFHetttAgreements. D. Costs of Enforcement. In the event a party to this Agreement finds it necessary to bring an action at Jaw or other proceeding against the other party to enforce any of the provisions of this Agreement, or by reason of any breach or default under this Agreement, the prevailing party in any such action or proceeding shall be paid all costs and reasonable attorneys' fees by the other party. E. Discretion in Enforcement. Enforcement of the terms of this Agreement shall be at the discretion of the Parties, and any forbearance by a party to exercise its rights under this Agreement in the event of any breach of any terms of this Agreement shall not be deemed or construed to be a waiver by such party of such term or of any of such party's rights under this Agreement. No delay or omission by a party in the exercise of any right or remedy upon any breach shall impair such right or remedy or be construed as a waiver. Section 5. Termination of Agreement. A. Termination. This Agreement shall terminate in the following circumstances: (i). upon CLC's assignment of the Conservation Easement to WSDOT, as provided in Section 13 .2 of the Conservation Easement; (ii). upon the extinguishment or condemnation of the Conservation Easement as to the whole of the Protected Property; or (iii). upon CLC's release from its liabilities and obligations under the Conservation Easement, as provided under Section 4.C above, where there is no entity capable of or willing to assume CLC' s rights and obligations under the Conservation Easement. Section 6. Assignment of Agreement upon Assignment or Transfer of Conservation Easement. As provided in Section 13 of the Conservation Easement, the rights and obligations of the Grantee (CLC) may be assigned or transferred to parties other than WSDOT. The Parties' substantive rights and obligations regarding such assignment or transfer are provided for and governed by the Conservation Easement, and not this Agreement. This Section 6 relates solely to the Parties' understandings regarding the assignment of this Agreement in the event of the assignment or transfer ofCLC's rights and obligations under the Conservation Easement. A. Assignment. Upon assignment or transfer of CLC's rights and obligations under the Conservation Easement, including any assignment or transfer resulting from CLC's release from its liabilities and obligations under the Conservation Easement, as provided under Section 4.C above, where there is an entity capable of and willing to assume CLC's rights and Springbrook Reimbursement Agreement 6 June 26, 2006 Preliminary Review Draft obligations under the Conservation Easement, CLC shall, in writing, assign all its rights and obligations under this Agreement to the entity taking assignment or transfer of the Conservation Easement. Section 7. Amendment. A. Mutual Agreement. This Agreement may only be amended by mutual agreement of the Parties. No modifications or amendments shall be valid unless in writing and executed by the Parties. No review by or approval of the Banking Agencies is required for such amendment. Section 8. General Provisions A. Effective Date. The effective date of this Agreement is the earliest date by which both the City and CLC have executed this Agreement. B. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other under this Agreement shall be in writing and either personally delivered or sent by first class certified mail, postage prepaid, or by facsimile (if available) with original dispatched by certified mail, addressed as follows, or to such other address as either party from time to time shall designate by written notice to the other: To Grantor: To Grantee: City of Renton 1055 South Grady Way Renton, WA 98055 Attn: Surface Water Utility Engineering Supervisor Cascade Land Conservancy 615 Second Avenue, Suite 625 Seattle, WA 98104 Attn: Senior Conservation Director C. Controlling Law and Venue. The interpretation and performance of this Agreement shall be governed by the laws of the State of Washington. D. Severability. If any provision of this Agreement, or its application to any person or circumstance, is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected. E. Entire Agreement. Except as to any other written agreement between the Parties, all prior discussions, negotiations, understandings, communications, or oral agreements regarding this Agreement have been superseded by, and are merged into, this Agreement. Springbrook Reimbursement Agreement 7 June 26, 2006 Preliminary Review Draft F. Obligations Under Other Agreements. Nothing in this Agreement shall be deemed to affect the Parties' obligations under the Conservation Easement, or the Sponsors' obligations under the Banking l11strume11tAgrccments. In the event of a conflict between the terms of this Agreement and the Conservation Easement, the terms of the Conservation Easement shall govern. CLC is not a party to the Banking lHstrumefl!Agreements, has no rights or obligations thereunder, and no such obligations may be created without CLC's express written approval. G. Successors and Assigns. The covenants, terms, conditions, and restrictions of this Agreement shall be binding upon, and inure to the benefit of, the Parties to this Agreement and their respective successors and assigns, unless terminated as expressly provided for herein. Except as expressly provided in Section 4 and 6 above, neither Party may assign its rights or obligations in this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. H. No Third Party Beneficiaries. No term or provision of this Agreement is intended to be, or shall be, for the benefit of any person, firm, organization, or corporation not a party to this Agreement, and no such other person, firm, organization, or corporation shall have any right or cause of action hereunder. I. No Waiver. No waiver by either Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or different provision of this Agreement. No waiver shall be effective unless made in writing. J. Interpretation. All recitals and Exhibits hereto are, by this reference, incorporated into this Agreement. The provisions of this Agreement shall be construed as a whole according to their common meaning and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Agreement. Each Party and its counsel has reviewed and revised this Agreement and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. K. Time is of the Essence. For the purposes of this Agreement and each Party's obligations hereunder, time is of the essence. L. Counterparts. This Agreement may be executed in counterparts, and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. M. Authority. The individuals signing below represent and warrant that they have the requisite authority to bind the entity on whose behalf they are signing. Springbrook Reimbursement Agreement 8 June 26, 2006 Preliminary Review Draft IN WITNESS WHEREOF, the authorized representatives of the parties hereto have signed their names in the spaces put forth below. CASCADE LAND CONSERVANCY CITY OF RENTON A Washington Nonprofit Corporation A Municipal Corporation By: By: Its: Its: Exhibits A Legal Description of Protected Property B Site Map Showing Protected Property C Form of Conservation Easement Springbrook Reimbursement Agreement 9 June 26, 2006 Preliminary Review Draft AFfER RECORDING RETURN TO: CITY OF RENTON 1055 South Grady Way Renton, WA 98055 Attn: Surface Water Utility Engineering Supervisor ASSIGNMENT OF GRANT DEED OF CONSERVATION EASEMENT Assignor: Cascade land Conservancy Assignee: Washington State Department of Transportation Legal Description Ptn Biles 6, 7 and 8, Burlington Northern Industrial Park II and Ptn ofN Y, Section 25, T23N, R4E, W.M. and Ptn of NE~ of the NW~ of Section 36, T23N, R4E. W.M. Additional legal description: at Exhibit A. Assessor's Tax Parcel Numbers: 1) 125381-0090-05 (Unit A); 2) 252304-9004-07, 252304-9019-00, 125381-0230-06, 125381-0170-08 (Units Band C); 3) 362304-9002-06 (Unit D); 4)125381-0240-04 (Unit E) Reference Number of Related Document [Easement]: ________ _ THIS ASSIGNMENT OF GRANT DEED OF CONSERVATION EASEMENT ("Assignment") is entered into by and between CASCADE LAND CONSERVANCY, a Washington nonprofit company ("Assignor"), and the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, a state agency of the State of Washington ("Assignee") (collectively, the "Parties"). RECITALS A. Assignor is the Grantee under that certain Grant Deed of Conservation Easement, made by the City of Renton, Grantor, in favor of Grantee, dated 2006, and recorded in the real property records of King Comity, Washington, wider Auditor's File No. _________ ("Easement"). The Easement is attached hereto as Exhibit B. I Exhibit E to Springbrook Conservation Easement B. The Easement provides for the preservation and protection in perpetuity of certain real property located in King County, Washington (the "Protected Property"), as legally described in Exhibit A hereto. C. The City of Renton (Grantor of the Easement) and Assignee are collectively the sponsors of a mitigation bank, known as the Springbrook Creek Wetland and Habitat Mitigation Bank ("Mitigation Bank"). The Easement is a condition of the operation of the Mitigation Bank. D. The Easement requires Assignor to assign the Easement to Assignee upon certain events (Termination of Assignee's Mitigation Bank Operational Life), which events have now occurred. E. 64.04.130. Assignee is authorized to acquire and hold conservation easements under RCW F. Assignor desires to assign all of its right, title and interest in the Easement to Assignee, and Assignee desires to accept all right, title and interest in the Easement. G. The City of Renton has provided Assignor with its written approval of this Assignment, as have the Washington Department of Ecology and the U.S. Army Corps of Engineers (the Banking Agencies). AGREEMENT NOW THEREFORE, intending to be legally bound and for good and valuable consideration, including the mutual covenants and promises of the parties, the adequacy and receipt of which is hereby acknowledged, the Parties agree as follows: 1. Assignment. 1.1 Assignor hereby assigns all of its right, title and interest in the Easement to Assignee in consideration for Assignee's assumption of all of Assignor's stewardship and management obligations under the Easement. Upon assignment, Assignor has no further rights, responsibilities or obligations under the Easement. 1.2 Assignee hereby assumes all of the obligations of Assignor as Grantee under the Easement, and agrees to exercise its rights under this Assignment consistent with the Purposes of the Easement. 2. Assignee's address for notices to Grantee under Section 7 of the Easement is: Washington State Department of Transportation P.O. Box 47338 Olympia, WA 98504-7338 2 Exhibit E to Springbrook Conservation F.asement Attn: Director, Real Estate Services And Washington State Department of Transportation P .0. Box 47331 Olympia, WA 98504-7331 Attn: Director, Environmental Services 3. General Terms 3 .1 Entire Agreement. This Assignment contains the entire integrated agreement of the Parties, including all of the covenants and conditions between the parties, with respect to the subject matter of this Assignment, and supersedes all prior correspondence, agreements, and understandings, both oral and written. 3.2 Authority. Each undersigned representative of the parties certifies that he or she is fully authorized to enter into the terms and conditions of this Assignment and to legally execute, and bind such party to, this Assignment. 3.3 Assignment. Recitals. Each recital and exhibit set forth above is fully incorporated into this 3.4 Effective Date. The effective date of this Assignment shall be the earliest date by which both Assignor and Assignee have executed this instrument. To HA VE AND TO HOLD unto Assignee, its successors and assigns forever. IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment this_ day of , 20_. 3 CASCADE LAND CONSERVANCY, Assignor By ___________ _ __________ [name] __________ [title] Exhibit E to Springbrook Conservation Easemc:nl The WASHINGTON STATE DEPARlMENT OF TRANSPORTATION does hereby accept the above Assignment of Grant Deed of Conservation Easement. Dated:----------- STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By __________ _ __________ [name] _________ [title] On this __ day of 20 _, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared -----------to me known to be the President of Cascade Land Conservancy, the Washington nonprofit corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that s/he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the deal and year in this certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at ______ _ Print Name:, __________ _ My commission expires. ______ _ 4 Exhibit E to Springbrook Conservation Easement STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this __ day of 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ----------[name] to me known to be the [title] of the Washington State Department of Transportation, the agency of the State of Washington that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said agency for the uses and purposes therein mentioned, and on oath stated that s/he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the deal and year in this certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at. _______ _ Print Name:. ___________ _ My commission expires. _______ _ 5 Exhibit E to Springbrook Cooservation Easement EXHIBIT A Legal Description of Property 6 Exhibit E to Springbrook Conservation F.asement ExhibitB Conservation Easement 7 Exhibit E to Springbrook Conservation Easetnenl .. -~.-.-,,---- "' 1 "_~_\)PMENT PLANNING ,YOFRENTON JUL 2 5 2006 INTERFUND TRANSFER Transfer Number:=,-:,,------, ,;e1veo General Descriptioiy lot £zw, aat~ Department To Be Charged (Transfer Out -From) A~-·e. 1,J-· ,A 1\, I.!., . . I Description Account Number WO/Function Amount r.\. L-lc...-1' --. ... -J -f -.. L, az:1 I -.,.,,.,_ --~ 0 !11'\.CI a 1• "" /.5/l<tls-3!>-o 4'50 SL . u t,s; tu'.5/ /'1 -" Department Authorization: /~ . d / I'.)..-/J./ ~.Ji) J'I/ ~ Department To Be Credited (Transfer In -To).....1~ .. /1-6---1-l.;...Pi.;;.ZJ __________ : Description L "'1-,_,,,,,,_ a· I ~.~ hVJ (J Account Number 31.1'5. 'I/, IX) l)OJ 2- WO/Function Amount ~. ()(!) Disbibutioa: White: Finance Department Yellow: Department to be Cllarged Pink: Department to be Credited CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 07-25-2006 DEVELOPMENT CITY OF RE~~%NING Payment Made: Land Use Actions RECEIPT Permit#: LUA06-095 07/25/2006 10:27 AM Receipt Number: JUL 2 5 2006 RECEIVED R0603728 Total Payment: 450.00 Payee: INTERFUND TRANSFER Current Payment Made to the Following Items: Trans Account Code Description Amount 5015 000.345.81.00.0012 Lot Line Adjustment 450.00 Payments made for this receipt Trans Method Description Amount Payment IOT A QUYNN 450. 00 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 5006 000.345.81.00.0002 5007 000.345.81.00.0003 5008 000.345.81.00.0004 5009 000.345.81.00.0006 5010 000.345.81.00.0007 5011 000.345.81.00.0008 5012 000.345.81.00.0009 5013 000.345.81.00.0010 Park Mitigation Fee Annexation Fees Appeals/Waivers Binding Site/Short Plat Conditional Use Fees Environmental Review Prelim/Tentative Plat Final Plat PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 604.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .oo .00 .oo .oo .oo .00 .oo .00 .00 .00 .00 .00 .00 .oo .00 .00 .00 .00 .oo .oo .00 .00 .00