HomeMy WebLinkAboutContract CAG-06-176
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").
Recitats
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
Deparhnent of Transportation("WSDOT").
D. The foregoing restoration and enhancement is intended to qualify the Protected II''
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 Agreements"), approved by the Banking Agencies.
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
Springbrook Reimbursement Agreement 1 September 21, 2006
Parties anticipate that they will execute this Agreement simultaneously with execution of the
Conservation Easement.
F. The Conservation Easement provides for assignment of all of CLC'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 Agreements. 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 Agreements. 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 Agreements.
Now, therefore, inconsideration of the mutual promises contained herein, the Parties agree as
follows:
A�reement
Section 1. Conservation Easement Stewardship and Management Funding.
A. Citv Pavment for Conservation Easement Establishment Exnenses. Within ten
(10) days of the recording of Conservation Easement, the City will pay CLC 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. CLC shall submit an
invoice to the City for such expenses promptly after recording the Conservation Easement. Such
invoice shall not exceed Thirty two thousand dollars ($32,000.00). Creation of the initial
Baseline Documentation report includes site visit(s),mapping, photo-documentation, report
preparation and revisions.
B. Citv Annual Pavrnent of Conservation Easement Stewardshin and Mana�ement
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
Springbrook Reimbursement Agreement 2 September 21, 2006
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 1.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). T'he City shall make all subsequent annual payments no later than the first day of
December of each subsequent year, or within(30) days of receipt of CLC's invoice,
whichever is later.
(iii). The Conservation Easement stewazdship and management fee provided for in
this Section 1.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. Citv Reimbursement of Extraordinarv Conservation Easement Exvenses. 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.
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 1. 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
Springbrook Reimbursement Agreement 3 September 21, 2006
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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. Citv's Obli�ations.
(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 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 Agreements.
(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 Obli�ations. 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.
A. Stewardshin 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 Monitorin�. 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.
Springbrook Reimbursement Agreement 4 September 21, 2006
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 azbitration 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, Snecific 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 Obli�ations. 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 1 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
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 Agreements.
D. Costs of Enforcement. In the event a party to this Agreement finds it necessary to
bring an action at law 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 ,
Springbrook Reimbursement Agreement 5 September 21, 2006 �
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 4.0 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 of CLC's rights and obligations under the Conservation Easement.
A. Assiaiment. 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
4.0 above, where there is an entity capable of and willing to assume CLC's rights and
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 A�reement. 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
Springbrook Reimbursement Agreement 6 September 21, 2006
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: City of Renton
1055 South Grady Way
Renton, WA 98055
Attn: Surface Water Utility Engineering Supervisor
To Grantee: 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. Severabilitv. 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 A�reement. 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.
F. Oblisations Under Other A�reements. Nothing in this Agreement shall be
deemed to affect the Parties' obligations under the Conservation Easement, or the Sponsors'
obligations under the Banking Agreements. 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 Agreements,has no rights or obligations thereunder,
and no such obligations may be created without CLC's express written approval.
G. Successors and Assisns. The covenants, terms, conditions, and restrictions of this
P ies to this A eement and
Agreement shall be binding upon, and inure to the benefit of, the art gr
their res ective successors and assi s, unless terminated as expressly provided for herein.
P gn
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 Partv Beneficiaries. �To term or provision of this Agreement is intended
to be, or shall be, for the benefit of any persori, firm, or�anization, 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 Shereund�r. ,
Springbrook Reimbursement Agreement 7 September 21, 2006
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. Interoretation. 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. Counteroarts. 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. Authoritv. The individuals signing below represent and warrant that they have
the requisite authority to bind the entity on whose behalf they are signing.
IN WTTNESS 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
C� ��,
� J
By: C.�S� ���orun.�' By:Kathy Keolker
/
Its: ���Gt,c�-7�'u�e (�`�Y,,c�it.�s%�+� Its: Mayor
Ac�esc: .;�. 1.�a.�'.�"h-�-
8onnie I.Walton,City Clerk
q�7,?006
Springbrook Reimbursement Agreement 8 September 21, 2006
Exhibits
A Legal Description of Protected Property
B Site Map Showing Protected Property
C Form of Conservation Easement
I Springbrook Reimbursement Agreement 9 September 21, 2006
� �
EXHIBIT A to
CONSERVATION EASEMENT REIMBURSEMENT AGREEMEN�
L�e al Descrintion of Protected Pronertv
Units A, B and E of City of Renton Lot Line Adjustment No. LUA-06-095-LLA,
recorded under King County Recording No. 20060824900007, as more particularly described in
the attached Sheet 2 thereof;
TOGETHER WITH Unit C of said Lot Line Adjustment, as more particularly described
in the attached Sheet 2 thereof, EXCEPT that portion of said unit lying northerly of the
southernmost line of the easement granted to Burlington Northern and Santa Fe Railway Co.
recorded under King County Recording Number 20050303000964; and
TOGETHER WITH the north 721 feet of Unit D of said Lot Line Adjustment, as more
particularly described in the attached Sheet 2 thereof. .
Situated in Section 30, Township 23 North, Range 5 East, W.M., and in Sections 25 and
36 of Township 23 North, Range 4 East, W.M., all in the City of Renton, King County,
Washington.
Springbrook Reimbursement Agreement 10 September 21, 2006
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EXHIBIT B to
CONSERVATION EASEMENT REIMBURSEMENT AGREEMENT
Site Maa Showin�Protected Prouertv
Springbrook Reimbursement Agreement 11 September 21, 2006
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EXHIBIT C to
CONSERVATION EASEMENT REIMBURSEMENT AGREEMENT
Conservation Easement
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AFTER RECQRDING RETURN TO:
� CITY OF RENT(�N
, 1455 South Grady Way
Renton, �VA 9$O55
'i Attn; Surface Water Utility Engineering Supervisor
���r���r� �- 7,t�ob lat�5 r��c 3�a
IGRANT DEED OF CONSER�ATI4N EASEMENT
, Grantar: City of Renton
' Grantee: Cascade Land Canservancy
�
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� Legal Description
Ptn of W 112 of Section 30,T23N,RSE,W.M. and Ptn of Section
I2S,T23N,R4E, W.M. and Ptn of NE 114 of the NW 1!4 of Section 36, T23N,
, R4E. W.M., all in the City af Renton,King Cou.nty,Washington.
Additionai legal descriptian: at Exhibit A.
Assessor's Ta7c Parrcel Numbers:
I) 125381-0090-OS (IJnit A); 2}252304-9404(LJnit B}; 3}Ptn of 2523Q4-9419(iJnit C);
4)Ptn of 362304-9002-06(LJnit D); and 4)125381-Q240-04(Unit E)
�jHIS RANT DEED 4F CONSERVATION EASEMENT("Easement")is made as af the�i'�
day of 6�G�G��r 2006 by City af Renton, a municipal corporation("Grantor"),in favor of
Cascade Land Canservancy, a Washingtan nonprofit corporation("Grantee")(collectively
"Parties").
L RECITALS
1.1. Grantar is the sole owner in fee simple of that certain real praperty(the"Protected
Property") in King County, Washington, more particulazly described in Exhibit A(legal
description)and shown on Exhibit B(site plan), which are attached and incorporated inta this
Easement by this reference.
1.2. The Protected Property{Springbroak Creek Bank}possesses wetlands and other
fish and wildlife habitat("Cvnservatian Values"). Wetlands and other fish and wildlife habitat
Springbrook Canservation Easement 1 Octaber 3,2006
„
an the Protected Praperty that are restored, enhanced,or otherwise created after the effective date
of this Easement shall also be cansidered Conservation Values.
1.3. The Conservation Values are a result of the Protected Property's znherent
ecalogical potential and of the existing ancUor anticipated restoration and enhancement of
wetlands and ather habitats on the Protected Property by Washington State Department of
Transportation("WSDOT”) and the City of Renton(callectively"Sponsors"). The foregoing
restoratian and enhancement is intended to qualify the Protected Property for inclusion by
WSDOT and the City af Renton in a wetland mitigation bank and issuance ofcredits there frorn
("Mitigation$ank"). Additional restoratian and enhancernent of the Pratected Property may
occur as identified and described in that certain Memorandum of Agreement and Mitigation
Banking Inshument for the Springbrook Creek Wetland and Habitat Mitigation Bank, as may be
amended from time to time(collectively"Banking Agreernents"),approved by the Washington
Department of Ecology and U.5. Army Corps of Engineers(`Banking Agencies"),in
consultation with other certain public agencies(cQilectively,`Bank Oversight Cammittee").
1.4. The Springbroak 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 Mitigatian Bank. Grantee acknowledges that from time-ta-rirne
Grantar may increase the real praperty that is subject ta this Easement in furtherance of the
Mitigatian Bank. Grantor and Grantee may amend this Easement to accomplish the fc�regoing as
provided in Sectian 12.1 below.
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 Praperty that do not
impair or interf'ere with the Canservation Values, which inciude,but are not timited to, such
restoration, enhancement, and recreational uses as fiuther provided in this Easement.
1.6. Grantee is a publicly supported,ta�c-exempt nanprafit arganization,qualified
under Sections 501{c}(3) and 170{h}af the Internal Revenue Code of 1986, as amended, and also
qualified as a nonprafit nature conservancy corporation under RCW 64A4.i 30 and RCW
84.34.250,whose primary purpose is to promate the preservatian of apen space and critically
irnportant ecological systems in Snohomish,King,Pierce, and Kittitas Counties in Washington
State.
1.7. Grantee agrees,by accepting this Easement,ta preserve and protect in perpetuity
the Conservatian�talues and enfarce the provisians hereaf unless this Easement is saaner
extinguished ar terminated as otherwise provided far herein.
1.8. The Parties acknowledge that this Easernent does nat provide standards or criteria
regarding the effectiveness of the Sponsors' restaration ar enhancement af the Protected Praperty
and that this Easement is nat intended ta 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 critena and the ability ta ensure the effectiveness
thereof are provided far in the Banking Agreements and related documents.
Springbrook Conservation Easernent 2 October 3,2�06
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2. CONVEYANCE AND CONSIDERATION
2.1. Far the reasons stated abave, and in consideration of the rnutual covenants, terms,
conditions,and restrictions cantained in tlus Easement, and other good and valuable
consideration provided by the Parties, Grantor hereby voluntarily grants, conveys, and quit I
claims ta Grantee a conservation eassment in perpetuity aver the Protected Praperty,consisting �
of certain rights in the Pratected Property, as set forth in this Easement, subject only to the �
restrictions contained in this Easement.
2.2, This conveyance is a conveyance af an interest in real property under the
provisions of RCW 64.04.13Q and RCW 84.34.210.
2.3. This grant shall be subject to easements,restrictions, interests, and water rights of
record as af the effective date of this Easement,including,but not timited ta, those set forth in
Exhibit C,which is attac�ed and incarporated into this Easement by this reference.
2.4. Grantor expressly intends that this Easement nzn with the land and that#his
Easement shall be binding upon Grantor's successors and assigns. i
2.5. This Easement does nat transfer any water or water rights. This Easement aiso �,
does nat transfer,or create any entittement in, any credit fram,or rights in the credits fram,the
Mitigatian Bank.
, 3. PURPQSE �
The purpose of this Easement is to assure that the Pratected Property will be retained
forever in its candition 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
Documentatian, and ta prevent any use af,or activity on,the Protected Property that will impair
or interfere with the Conservatian Values(the"Purpose"), Grantor intends that this Easement
will confine the use af,or activity on,the Protected Property to such uses and activities that are
consistent with this Purpose. Thi►s Easement shall nat be construed as affording to the general
public physical access to any portian af the Protected Property. I
4. RIGHTS CONVEYED TO GRANTEE
Ta accomplish the Purpose of this Easernent, the fallawing rights are conveyed to
Grantee by this Easement:
4.1. Identifieation and Protectian. Ta identify,preserve and protect in perpetuity,
unless soaner extinguished or ternunated as otherwise provided under this Easement, and to
restare ar enhance by mutual agreement,the Conservation Values.
� 4.2. Access.
4.2.I. To enter the Pratected Property annually, at a mutually agreeable time and
Springbrook Canservation Easement 3 October 3,2Q06
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upon prior written notice to Grantor, for the purpose of making a general inspection to monitor
compliance with this Easement.
4.2.2. To enter the Protected Praperty at such ather times as are necessary if
Grantee reasonably believes that a vialation of the Easement is occurring ar has occurred, for the
purpase of rnitigating ar terminating the violation and otherwise enforcing the provisions af this
Easement. Such entry shall be upon prior reasonable notice to Grantor, and Grantee shalt not in
any case unreasonably interfere with Grantor's use of the Protected Property.
4.23. To enter the Protected Property, at mutualty agreeable times and upan
prior written notice to Grantar,to exercise any other affirmative rights as expressly provided for
herein.
4.3. Scienti�c(Edacatiana!Use. To allow persons or groups to enter the Protected
Property for educational, scientific, and biological purposes ta observe and study on#he
Protected Property;provided that any such persons or groups first are appraved 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
frorn snch observation or study, and agree to abide by any reasonable restrictions on access set
farth by Grantor. Grantor a.nd Grantee agree that all persons ar graups given permissian ta enter
the Protected Property shall sign a waiver,substantialty in the form attached to this Easement as
Exhibit L?,which is incorparated herein by this reference. This waiver is intended to release
Grantor, Grantee and Assignee from alI liability to the extent allawed by law.
4.4. Iniunctiou and Restoration. To enjoin any use of,or activity on,the Protected
Property that is inconsistent with the Purpase of this Easement, and ta undertake the restoration
af such areas or features of the Pratected Property as may be damaged by uses or activities
inconsistent with the provisions of this Easement, atl in accordance with Section 9.
4.5. Enforcemen� To enforce the terms of this Easement, consistent with Section 9.
4.6. Assi�nment. To assign, canvey,or atherwise transfer Grantee's interest in the
Protected Property in accordance with Section 13 and subject to Section 11.4.
4.7. Baseline Documentatian.
4.7.1. Within sixty(60}days after the effec#ive date of this Easement, within
sixty days(60} after the recarding of any amendment hereof under Sectian 12.1 beiaw and
thereafter as provided in Sectian 4.'7.2 below,Cran#ee shall document specifically the
Conservation Values in an inventory af relevant features of the Protected Propu�ty, which
Grantee shall maintain on file at its offices and which shall be incorporated into this Easement by
this reference (`Baseline Dacumentation"}. The Baseline Documentation shall consist of
reports,maps,photagraphs, and other documentation that provide, coilectively, an accurate
representation af the Pratected Praperty. The Baseline Documentation is intended ta serve as an
objective, although nonexciusive,infarmatian baseline for rnanitoring cornpliance with the terms
and conditions of this Easement.
Springbrook Conservation Easement 4 Octaber 3,24Q6
t
4.7.2. As previously noted,the additianal restoration and enliancement work
under the Banking Agreements that may occur on the Pmtected Property is likely to enhance
significantly the Conservation Values. Grantee may from time-ta-time and as necessary update
I the Baseline Documentation to reflect such work and to document the enhanced Conservation
I Values resulting there from for purposes of monitoring compliance with the ternns and conditions
I of this Easement.
�
I 4.8. Maintenance of Protected Prouertv. To controi non-native,noxious weeds and
I 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 Pratected Property(see Section 5.1 l.l,below). Grantee
shall provide Grantor 1 U days prior written notice of its intent to exercise this right ta contral
Weeds on the Protected Property.
5. GP;ANTUR'S RESERVED RIGHTS AND UBLIGATiUNS
', 5.1. General. Grantor reserves for itself and its successars and assigns all rights
', accruing from ownership of the Protected Property, including,but not 2imited to,the right to sell,
' lease, and devise the Protected Praperty and the right to engage in, or permit or invite others to
', engage in,any use of,or activity an,t�he Protected Property that is not inconsistent with the
Purpose of the Easement and that is nat prahibited by this Easement. Withaut limiting the
, generality of this Sectian S.l,Grantor specifically reserves for itsetf and its successors and
assigns,the faltowing uses and activities.
5.2. Recreatian, The undertaking of recreational activities on a non commercial
' basis, such as hiking,bird watching and the pubiic's use of the pedestrian trail provided far in
Section 5.5 be�aw,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.
�.3. Fences. The constructian and maintenance of fences within or around the
Protected Property.
5.4. Habitat Stewardshio.Restaration. and Enhancement Canstructing,
instatling,planting, maintaining, and engaging in other activities ta maintain ar further restore or
enhance the Conservatian Values in accordance with the Banking Agreements and any final
design,construction ar management plans and bid specifications subsequently developed in
conformance with the Banking Agreements, as may be amended fram time to time, ("Mitigation
Bank Ptans and Specificatians"),which may include,but are not limited to: planting and '
irrigating ptants; removing and controlling weeds; maintaining benms, log weir in Unit C, and I
water canveyance structure in Unit D; and creating new wetlands. Grantor shall pravide Grantee '�
Mitigation Bank Plans and Specificatians relating to: any proposed use of herbicides for Weed
control, grading and excavatian plans; the alteration ar manipulation of natural water caurses;or I
the creatian 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 I
relating to such activities. Matorized and mechanized vehicles may be used in fvrtherance of,
Springbrook Conservation Easement 5 Octvber 3, 20d6 I
�
�
�
and to facilitate, the foregoing activities,provided that any off-road use thereaf does not cause
more than a de minimis adverse impact on the Conservation Values. If Grantor has canveyed or
assigned its rights to engage in the activities described in this Sectian 5.4 to Grantee or third
parties, Grantor covenants to not interfere with such restoration andlar enhancement, including,
but not limited ta,by the exercise of any rights reserved to Grantar under this Easement.
5.5. Pedestrian Trail. Canstruction and maintenance of an elevated public pedestrian
trail generally eight feet in its width,constructed of plastic wopd,cec�ar timber,andlar other
nontoxic materials,and located in Unit A at the appraximate location shown on Exhibit B,
provided that the trail design and construction shall be in accordatice with the Mitigation Bank
Plans and Specifications.
5.6. Maintenance. Taking various actions necessary to pratect the Conservation
Values and other features of the Pratected Property from beavers and ta atherwise mitigate far
the impacts ofbeavers on the Protected Property, ineluding,but not limited to,trapping beavers,
removing trees,installing devices to interfere with activities af beavers, and remaving and
otherwise destroying beaver dams and lodges.
5.7. Si ns. The installation and maintenance of signs prrrvided that such installation
does not cause more than a de minimis adverse impact on the Canservatian Vatues. Signs in
excess of twenty-five(25)square feet in area need prior written appmval by Grantee af sign
location and design.
5.8. ScientificlEducational Use. Ta allow persons ar groups to enter the Protected
Property far educatianal, scientific,and biological purpose�ta observe and study on the
Prot�ted Property. Grantor and Grantee agree that,with the exception of the generai public's
use of the pedestrian trail pravided for in Sectian S.S abave, all persons ar groups given
permission to enter the Protected Praperty 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
zntended ta release Grantor,Grantee and Assignee from all liability ta the extent allawed by Iaw.
5.9. Protection af Healt6 or Safetv. The undertaking af ather activities necessazy to
protect health or safety,or that are actively required by and subject to compulsion of any
governmental agency with autharity to require sueh activity;pravided that any such activity shall
be conducted so that significant adverse impacts on the Canservation Vatues are avaided, or, if
avoidance is nat possible,minimized to the greatest extent passible under the circumstances.
5.10 Utilities Infrastructure. Rautine maintenance, improvement, aperation,
removal, repair or replacement af existing City of Renton and King County utilities currently
oecupying those areas that are designated as "Reserved for City of Renton Utilities
Infrastructure" and as "King County Sewer Easement" on Sheets 12 through 19 inclusive af
the City of Renton Lot Line Adjustment No. LUA-06-095-LLA, recorded under King County
recording No. 200b0824900007, copies af which aze attached to Exhibit C to this Easement.
Springbrook Canservation Easement 6 October 3,2Q06
. - - - - - - - -- - -
— — — — — — — — — — —
5.11 Grantor's Obli�ations.
� 5.11.1. Naxious Weed Control. Grantor shall camply with all state and local ��
requirements for contralling noxious weeds within the Protected Property.
5.11.2. Structures, Facilities and Imt�rovements. Grantor shatl maintain all
structures, facilities and improvements associated with the foregoing activities, including raads, I
� trails and fences,that are within the Pratected Property and are merely incidental ta the I;
functionality of the mitigation site, but that are necessary ta Mitigation Bank management ,
activities, far as long as necessary to serve the needs af the long term management phase, as ,
described in the Banking Agreements and related docuznents.
5.11,3 Access &Non-Interf'erence. Grantor shalt provide access#a the Banking
Ag;encies or their agents or designees as needed to fulfill iheir obligations, as set forth in the ,
Banking Agreements. In the event that Grantor assigns its responsibilities under the Lang-Term �
Management Plan("Plan"),as provided for in the Banking Agreements, Grantar shall refrain
from impeding or otherwise interfering with implementatian af the Plan. Activities in
fixrtherance of the Plan aze to be carried out hy the Sponsars ar their assignees as approved by the
Banking Agencies. Such activities may include,but are not �imited to,maintenance and repair of
water control structures; maintenance, regair,remaval,ar abandonment of stnactural elements of
the Mitigation Bank; and remaval of invasive plant species.
, 6. USES AND ACTIVITIES INCONSISTENT VVITH
'; TI�E PURPQSE 4F THE EASEMENT
G.1. General. Any use af,or activity on,the Pratected Property inconsistent with the
Purpose of this Easement is prohibited, and Grantar acknowledges and agrees that it will not
conduct, engage in,or permit any such use or activity. Withaut limiting the generality of the
foregoing,the follawing uses af, ar activities an,the Protected Property, although not an
e�austive list of inconsistent uses ar activities, are incansistent with the Purpose of this
Easement and shali be prohibited:
6.1.1. Subdivisian. The legal ar"de facto"division or subdivision of the
, Pratected Praperty,which shalI inciude,but not be Iimited to, any subdivisian, short subdivision,
' platting,binding site plan,or other process by which the Protected Property is divided inta Iats.
This pmhibitian shail not be interpreted to preclude any lot Iine adjustrnent that does nat create a
nurnber af lots that is greater than the number of lots in existence on the effective date af this
Easement.
�' b.1.2. Constructian. The placement, instaliation, or canstruction of an
Y
, buildings, structures, or other improvements of any kind, including,but not limited to,roads,
railroads, utilities,celtular phone towers, septic systems, wells, recreational facilities, and
parking Iots, arcept as expressly provided in Section S above, inciuding, specifically, those uses
and activities provided for in the Mitigatian Bank Plans and Specifications.
6.2.3. Alteration of Land. The alteration of the surface of the land, including,
Springbrook Conservation Easement 7 Octaber 3,24Q6
withaut Iimitation, 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 ar Water Pollution. Any use or activity that causes or is likely to
cause significant soil degradatian or erosion ar significant pollutian of any surface or subsurface
waters. For the purposes of this Easernent,the uses and activities expressly allowed under
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 prol2ibition.
6.1.5. Remaval of Trees and Qther Ve�etation. The pruning,topping,cutting
down,uprooting, girdling, or other destruction or removal of live and dead trees and oiher
vegetation,except as expressly pravided in Sectian 5 above or in conjunctian 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.
6.1,5. Waste Disposal. The disposal, storage, ar Release of Hazardous
Substances,rubbish,garbage,debris,unregistered vehicles,abandoned equipment,parts thereof,
or other affensive waste or material. The term"Release"shall mean release, generation,
treatment,dispasal,storage,dumping,burying,ar abandonment. The term"Hazardaus
Substances"shall mean any substances,materials,ar wastes that are hazardous,toxic,dangerous,
ar hazmful,ar aze designated as,or contain companents that are,or are designated as,hazardous,
toxic,dangerous,or harmful, and/or that are subject to regularion as hazardous,toxic,dangeraus,
or harmful or as a pollutant by any federal,state,or local law,reg�ziation, statute, ar ardinance,
including,but not limited to,petroleum or any petraleum product.
6.1.7. Minin . The exploratian far,or develapment and extraction of,oil, gas,
coal, limestone, fossils,metals, geothermal resaurces,sand, gravet, or rack of any type an ar
below the surface af the Protected Property,eacrept as expressly provided in rights of record as of
the effective date of this Easement, as set forth in Section 2.3 and Exhibit C.
6.1.8. Recreational Activities. The undertaking of recreational activities and the
installatian or constructian of improvernents in furtherance af the same,except as expressiy
provided in Section 5 above.
7. NOTICE AlYD APPR4VAL
7.1. lYotice.
7.1.1. Grantar. Certain provisions of this Easement require Grantar to notify
Grantee and/or to receive Grantee's written approvat priar to undertaking certain permitted uses
and activities(e.g., Sections S.4 [habitat stewardship—material deviatians form Mitigation Bank
Plans and Specificatians], 5.7 [signage], and 11.3 [subsequent transfers]}. The purpose of
requiring Grantor to natify Grantea priar to undertaking these permitted uses and activities is ta
afford Grantee an adequate oppartunity to ensure that the use or activity in questian is designed
and carried out in a manner consistent with the Purpose of this Easement. Whenever such notice
Springbrook Conservation Easement 8 October 3,2006
is required, Grantor shall notify Grantee in writing not less than thirty(30) days prior to the date
Grantor intends ta 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 ta permit Grantee to make an informed judgment as to its consistency with the
terms of this Easernent and the Purpose thereof. �
7,I.2. Grantee. Certain provisions af this Easement require Grantee to give
notice to Grantor prior to undertaking certain activities(e.g,, Sections 4.2 [access],4.3 �
[scientific/educational use],4.8 jweed control�, 1Q.2 [taxes},and 13.1 [assignment]). Whenever
such notice is required, Grantee shall notify Grantor in writing not less than thirty(34)days priar
to the date Grantee intends ta undertake the use or activity in question, unless otherwise provided
far by this Easement.
7.2. Approval. Where approval by one af the Parties is required under this Easement, 'i
such approval shall be granted or denied in writing within thirty(34)days of receipt of a written
request far approval, and such appraval shall nat be unreasonably withheld,detayed ar I,
conditioned. Such approval may include reasanable conditions eansistent with the Ba�:iking ',
Agreements that must be satisfied in undertaking the proposed use or activity.
7.3. Oatianal Consultatiott. If Grantor is unsure whether a propased use or activity I
is prohibited by this Easement,Grantor may consuit Grantee by providing Grantee a written
notice describing the nature, scope,design, lacation,timetable, and any other material aspect of
the praposed use or activity in sufficient detail to permzt Grantee to make an infarmed judgrnent
as to its consistency with the P'urpc>se af this Easement and to provide comments therean to
Grantor. Tlus Section 7.3 does not itself impose a requirement of prior approvai of the activity
described in any such notice.
7.4. Addresses. Any natice, demand,request,cansent, approval, or communication
that any party desires ar is required ta give to the athers shall be in writing and either personally
delivered or sent by first class certified mail,postage prepaid,or by facsimile(if available)with
original clispatched by certified mail, addressed as fallows,or to such other address as any party
frorn time to time shall designate by written notice to the others:
� To Grantor: City of Renton
1455 Sauth Grady Way
Renton, WA 9$OSS
, Attn: Surface Water Utiiity Engineering Supervisor
To Grantee: Cascade Land Conservancy
6l S Secand Avenue, Suite 62S
Seattle, WA 98104
' Attn. Senior Conservatian Director
Ta Assignee: Washington State Department af Transportation
P.O. Box 47338
Olympia, WA 98504-7338
Springbrook Conservation Easement 9 October 3,2006
� .
' — — — — — — — — ——
Attn: Director,Real Estate Services
And to
Washington State Department af Transportation
F.O.Box 47331
Olympia, WA 9$504-�331
Attn: Director,Environmental Services
8. ALTERNATIVE DISPUTE RESULUTION
S.l, Preventive Discussions, Grantor and Grantee will promptly give the other notice
of problems or cancerns azising in connection with the other's actions under the Easement or the
use of or activities ar conditions on the Pratected Property, and wi11 meet as needed,but no later
than fifteen(15)days after receipt of a written request for a meeting,to minimize the same. The
party giving notice according ta this sectian shall pravide a capy thereof ta Assignee.
8.2. MediationlAlternative Dispute Resolution. If a dispute arises between the
Parties concerning the consistency of any present or praposed use ar activity with the Purpose af
this Easement,and if Grantor agrees not to cantinue or praceed with the use or activity pending
resolution of the dispute, the Pazties shall meet together to discuss the dispute and attempt
resolution. If the dispute is nat resolved thraugh preventive discussions,either party may
thereafter refer the dispute to mediation 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 af a mediation request,the Parties shall select a
single mediator to hear the matter. The matter shall be settled in accordance with any
VYashington State mediation stattrte then in effect.
9. JUDICIAL RESOLUTION
9.1. Notice of Violation,Corrective Action. If either party deterntines that the other
is in violation of the terms af this Easement or that a vialation is threa#ened,they shall give
written natzce to the other af such violation and demand corrective action suf�'icient to cure the
violation and,where the vialation invalves injury to the Protected Praperty resulting fram any
use or activity incansistent with the Purpase of this Easement,to restore the portian af the
Protected Praperty so injured to its prior condition in accordance with a plan appraved by
Grantee. The party giving natice according to this section shall provide a copy thereof to
Assignee.
9.2. Faiture to Respond. Either party may bring an action as provided in Section 9.3
belaw if the ather party:
9.2.l. Faiis to cure the vialatian within thirty(30}days after receipt of a notice
af violation; or
9.2.2. Under circumstances where the violation cannat reasonably be cured ,
Springhrook Conservatian Easement 10 October 3,2006
within a thirty(30)day period, fails to begin curing the violation within the thirty(30) day period
arld fails to continue diligently to cure such violation until finally cured.
9.3. Action.
9.3.1. Iniunctive 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. Dama�es. 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. Emergencv Enforcemen� 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. Scoae 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 aze 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
darnages or the inadequacy of otherwise available legal remedies. Crrantee'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.
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 of this 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 terms 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
Springbrook Conservation Easement 11 October 3, 2006
right or remedy ar be construed as a waiver.
9.$. Acts Bevond Partv's Cantrol. Neither Grantor nor Grantee shall be in default or
viblation as ta any obligation created hereby and no condition precedent or subsequent shall be
deemed to fail ta occur if such party is prevented from ftzlfilling such obligation by, or such
condition fails to occur due to:
9.8.1. Actions by trespasser upon the Protected Property;
9.$.2. Forces beyond such party's reasonable cantrol,caused by a natural or
human-caused catastraphic event or a deliberate and unlawful act by a third-party,which farces
by exercise of due diligence and foresight such party could nat reasanably have expected ta
avoid. A natizral catastrQphic event includes a flaod equal to or greater in magnitude than the
10U-yeaz flood event,an earthquake of a force projected fram an earthquake with a retum period
of 475 years,or a debilitating drought,disease,wiidfire,depredation,regianal pes#infestation, or
fluviaigeomorphic change. A human-causecl catastrophic event includes war, insurtectian, riot
ar other civil disorders,spill of a hazazdous ar toxic substance, or fire. A deliberate and unlawful
act includes the dumping of a hazardous ar toxic substance,vandalism,or arson; or
9.8.3. Any action deemed reasanable by Grantar under ernergency conditions to
prevent, abate,ar mitigate signif cant injury ta#he Protected Praperty resulting from such causes.
In the event the terms of this Easement are vialated by acts af firespassers, Grantar agrees, at
Grantee's option and expense,ta join in any suit,to assign its right of action to Grantee,or to
appoint Grantee its attorney in fact, far the purpose af pursuing enforcement action against the
responsible parties.
9.9. Comoliance Certificates. Upon request by Grantor, Grantee shall within thirty
{30)days execute and de2iver ta Grantar, ar to any party designated by Grantor, any dacument,
including a letter af compliance,that cerkifies,to the best af Grantee's knowledge,the status of
Gran#ar's campiiance with any obligation of Grrantor cantained in this Easernent and otherwise
evidences the status af this Easement.
14. CO5TS,LIABILITIES,TAXES,ENVIRONMENTAL
COMPLIANCE,AND INDEMrtIFiCATION
1 Q.l. Costs.Le�ai Repuirements,Liabilities and Insurance. Grantor retains all
responsibilities and shall bear all costs and liabiiities of any kind related to the ownership,
operatian, upkeep, and maintenance of the Protected Praperty.
10.2. Taxes and Other Costs. Grantor shali pay any taxes, fees and chazges assessed
against the Protected Property by governmental authority as they become due, including taxes
imposed upan,ar incurred as a result af, this Easement, and shall furnish Grantee with
satisfactory evidence af payment upon request. To preserve its rights under this Easement,
Grantee rnay,but is in no event abligated to, make payment of any taxes upon five{5�days prior
written notice ta Grantor, in accardance with any bill, statement,or estimate procured from the
Springbrook Conservation Easement 12 Qctober 3, 2011G
_ �
appropriate authority,without inquiry into the validity of the taxes or the accuracy af 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 governrnental authority for the late �I
payment of the taac sa paid by Grantee.
�
14.3. Renresentations and Warranties. Grantar represents and warrants that to
Grantar's actual knawledge, and except as disclosed to Grantee in writing priar to the effective !
date of this Easement:
14.3.1. There aze 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
14.3.2. Grantor and the Protected Property are in compliance with a11 federal,
state,and local laws, regulatians, and requirements applicable to the Pratected Praperty and its
use,including,but not limited to, environmental laws,regulations, and requirements.
10.4. Controt. Nothing in this Easement shall be construed as giving rise, in the
absence of a judicial decree,to any right ar abitity in Grrantee to exercise physical or managerial
control aver the day-to-day agerations of the Pratected Property,ar any of C�rantor's activities on
the Protected Praperty,or otherwise ta become an aperator with respect to the Protected Praperty
within the meaning of the Comprehensive Environmental Response Compensation and Liability
Act af I480, as amended{"CERCLA"}, and the Model Toxics Control Act,as amended
{"MTCA"). �
10.5. Grantar's Iademnification. Grantor shall hold harmless,indemnify, and defend
Crrantee and its members,directors,afficers, emplayees, agents, and cantractors(callec#ively
"G�rantee Indemnified Parties")fram and against all liabilities,penalties,costs, losses, damages,
expenses,causes of action,claims,dernands,ar judgments,including,wzthout Iimitation,
reasonabie attorneys' and cansuitants' fees, arising from or in any way connected with breach af I
its representa#ions and warranties or injury to or the death of any person, or physical damage to
any property, resulting from any act,amission, condition,or other rnatter related to or accurring I
an or about the Protected Property that is not a consequence af any action ar omission of any of ,
ithe Grantee Indernnified Parties on ar about the Protected Property.
10.b. Grantee's Indemnification. Grantee shall hold harmless,indemnify, and defend
Grantor and Grantar's members, directors,officers, emplayees, agents, and cantractars
{coilectively"Grantar Indemnified Parties") from and against all iiabilities, penatties, costs,
losses,damages,expenses, causes of action, ciaims, demands, or judgments, including,without
limitation,reasonable attorneys' and cansultants' fees, arising from or in any way connected
with injury to ar the death af any persan, ar physical damage to any property, resulting from any
act, omission, condition, or ather matter related to or occwrring on or abaut the Protected
, Property that is a consequence of Grantee's actions or omissions or the actions or omissions of
� �'irrantee's members, directors, officers, employees, agents,or cantractors on or about the
, Protected Property.
Springbrook Conservatian Easement 13 October 3, 200f5
11. EXTINGUISHMENT,CONDEMNATION,AND SUBSEQUENT TRANSFER
11.1. Extinguishment. If circumstances arise in the future that render the Purpase af
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
obligatians under this Easement is grovided for under separaie agreement with the Grantar. The
immediately foregoing grovision shall be limitec!soiely to the circumstances described in this
Section 11.1,and shall not be interpreted to have any application or inference to any ather
provision of, ar circumstance under,this Easement, including,but not limited to, thase
provisions pertaining to Grantee's rights ta enfarce the terrns of this Easement and Grantee's
rights ta damages to,or the cast af restoring, the Canservatian Values.
21.2. Condemnation, If the Easement is taken, in the whate ar in the part,by the
exercise of the power of eminent domain, Grantee shail not be entitled ta compensation and the
entirety af any compensatian award shall belong ta Grantor. The immediatety faregoing
provision shall be limited solely to the circumstances described in this Section I 1.2, and shall not
be interpreted ta have any application or inference to any other provision of, ar circumstance
under,this Easement, including,but not limited to,those pravisions pertaining ta Grantee's
rights to enforce the terms of this Easement and Grantee's rights to damages to, ar the cost of
restoring,the Conservation Values.
11.3. Subsepuent Transfers. Grantor agrees to:
11.3.1. Incorporate the terrns af this Easement by reference in any deed ar other
legal inst�-ument by which it divests itself of any interest in all or a portian af the Protected
Property, including,withaut limitatian, a leasehold interest;
11.3.2. Describe this Easement in and append it to any executary cantract far the
transfer of any�nterest in the Protected Praperty; 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 ta 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 af Grantar ta per#'orm 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 Mer�er. In the event that Grantee acquires the fee title to the Pratected
Praperty, it is Grantor's and Grantee's intention that no merger af title shall take place that
would merge the restrictions of this Easement with fee title to the protected property and thereby
eliminate thern, and that the restrictions on the use of the Protected Property, as embodied in this
Springbrook Conservation Easement 14 Dctober 3,200G
_ _ �
Easement,shall, in the event title becomes vested in Grantee,become and remain permanent and
perpetual restrictiQns an the use of the Pratected Property. Fnrthermore, the Grantee agrees to
incorporate the provisions in this Grant Deed of Conservation Easement in any subsequent
conveyance of an interest in the Pratected Praperty.
12. AMENDMENT
12.1. Amendment to Exnand Area. Grantor and Grantee are free to jointly amend
this Easement to increase the real property that is subject to this Easement,provided that any
sueh additional real praperty is contiguaus with the property that is aiready subject ta this
Easement. Any such amendment shall be recorded in the official recards of King County,
Washington, and any other jurisdiction in which such recording is required.
12.2 Other Amendments. If circumstances arise under which any other amendment
to or modification af#his Easement would be appropriate, Grantor and Grantee are free ta jointly
amend this Easement upan appraval of such arnendment or modification by the Banking
Ageneies. Any such amendrnent shall be recorded in the official records of King County,
Washingtan, and any other jurisdictian in which such recording is required.
' 13. ASSIGNMENT AND SUCCESSION
13.1. Assi�nment Generailv. With Grantar's written appraval,which will not be
unreasanabty withheld, canditioned, or detayed,and the Banking Agencies' written appraval, I
this Easement is transferable,but Grantee may assign its rights and obiigations under this I
Easement only to an organizatian that is authorized to acquire and hold conservation easements I
under RCW 64.04.130 or RCW 84.34.210(or any successor provision(s)then applicable). As a I
conditian of such transfer, Grantee shall require that the transferee exercise its rights under the I
assignment consistent with the I'urpose af this Easement. Grantee shall notify Grantor in writing I
forty-five(4S}days prior ta such assignment at Grantor's last known address. I
I� 13.2. AssiEnment to WSDOT. The Grantee agrees to assign this Easement to the I
Washmgton State Departrnent of Transportatian("Assignee")at such time as all of the '
Assignee's banking credits have been sold,used or transferred, or the Sponsors have '�
I� permanently ceased banking activities, whichever occurs earlier(Termination of Assignee's ,
Mitigation Bank t�perational Life). Assignee shall certify in writing to Grantor, Grantee and the
Bank taversight Committee that the events necessary for Termination of Assignee's Mitigation
I� Bank(3perational Life have accurred, and that Assignee requests Assignment of the Easement
pursuant to this Section. Upon Grantee's receipt of Grantor's written appraval,which will not be
unreasonably withheld, conditioned, or deiayed, and receipt of the Banking Agencies' written
Il approval, Grantee shail assign, and WSDOT shall accept assignment under an Assignment of
( Easement substantially in the form of Exhibit E. Assignee will be obligated ta all terms of this
� Easement and will haid this Easement as Grantee from that point on in perpetuity.
13.3. Succession. If at any time(a) it becomes impassible for Grantee to ensure
compliance with the covenants,terms,canditians and restrictions contained in this Easement,{b)
the Grantor and the Banking Agencies, or the Banking Agencies alane,determine that this
Springbraok Conservatinn Easement t S Qctober 3, 20�6
� — — — — —
Easement should be assigned due to any reasons of actual nan performance by the Grantee,
including,but not Iimited to, circumstances under which actual nan performance occurs because
Grantee is the holder of both the fee title to the Protected Property and this Easement, (c)Grantee
ceases ta exist or to be authorized to acquire and hold conservation easernents under RCW
64.04.130 and 84.34.210 (or any successor provision(s�then applicable),ar(d}Grantee is
otherwise released from its liabilities and abligations under the Easement,then,if Grantee has
been provided forty five (45)days prior notice and opportunity to cure any non performance ar
otherwise remedy any other circumstance forming the basis of any transfer under this Section
13.3, and subject to the Preventative Discussion provisions under Section$.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 purpc�ses similar ta Grantee's,that is authorized ta
acquire and hold conservation easements under RCW 64.04.130 or RCW$4.34.21Q(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 jurisdicdon
shall direct,pursuant to the applicable Washington law and with due regard ta the Purpase of this
Easement.
14. RECORDATI4N
Grantee shall record this Easement in a timely fashian in the official records of King
Caunty, Washington,and in any other�Y�,�u�,��ate jurisdictions,and may re-record it at any time
as may be reqizired to preserve its rights in this Easement.
1S. GENERAL PROVISIONS
I5.1. Controllin Law. The interpretation and perfarmance af this Easement shall be
governed by the laws of the State of Washington.
15.2. Liberal Constraction. Any generat rule of construc#ion ta the contrary
natwithstanding,this Easement sha11 be liberally canstrued in favar of the grant to affect the
Purpose of this Easement. If any pravision in this Easement is faund to be ambiguaus, an
interpretation consistent with the Putpase of this Easement that would render the pravisian valid
shall be favored over any interpretation that would render it invalid.
15.3. Severabilitv. If any provision of this Easement,ar its application to any persan
ar circizmstance, is found to be invalid, the remainder of the provisians of this Easement, or the
application of such provision ta persons or circumstances other than those as to which it is faund
to be invatid, as the ease may be, shalt not be affected.
15.4. Entire A�reement. Except as to the Canservation Easement Reimbursement
Agreement for Springbrook Creek Wetland and Habitat Mitigation Bank, all prior discussions,
negotiations,understandings,communicatians,or oral agreements regarding this Easement have
been superseded by, and are merged into, this Easement.
IS.S. No Farfeiture. This Easement does not convey any interest in the Protected
Springbrook Conservation Easement 16 October 3,2006
�
�
Property other than the rights specifically provided herein.
15.6. "Grantor"- "Grantee". T'he terms"Grantar" 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 Crantar, and its successors and assigns, and the above-named
Grantee, and its successors and assigns,
15.�. Saccessors and Assi�,ns. The covenants,terms, conditions, artd restrictions af
this Easernent shall be binding upan,and inure ta the benefit af, the Parties ta this Easement and
their respective successars and assigns, and shall continue as a servitude rur►ning in petpetuity
with the Protected Property,unless soaner terminated as expressly pravided far herein. No tenn
or rovision of tlt7is Ease e ' i I
p m nt is ntended to be,ar shall be, for the benefit of any person, firm,
. I
organization, or corporation not a party to this Easement,and nv such other persvn, firm, �
' organization,ar corporation shall have any right or cause of action hereunder,�zcept as �
expressly provided in Section 13 above.
15.8. Termination of Ri�hts and Obli atians. A party's rights and obligations wnder
this Easement terminate upon t��ansfer of the party's interest in the Easement or Protected
, Property, except that liability for acts ar amissians occurring prior to transfer shall survive
transfer.
I 15.9. Cauateroarts. The Parties may execute this Easement in two or mare
counterparts,which sha11 be si ed b all Parties. Each counte art shall be deemed an ori �nal
� Y Yp g�
inst�rument as against any party who has signed it. In the event of any disparity between the
counterparts produced,the recarded counterpart shall be cantrolting.
15.10. Recitals. Each recital set farth abave is fu11y incarporated into this Easement.
II IS.11. Effective Date. The effective da#e of this Easement is the date of recording of
` this Easement.
1512. Authoritv. The individuals signing belaw, if signing an behalf of any entity,
represent and wanant that they have#he requisite authority to bind the entity on whose behalf
� they are signing.
( 15.13. Captions. The captions in this Easement have been inserted solely far
� convenience and ease af reference and are not a part of this Easement and shali have no effect
� upan constnzctian ar interpretatian.
�
16. SGHEDULE OF EXHIBITS
i Ib.1. Exhibit A—Legal Description of Property Subject ta Easernent.
� 1G.2. Exhibit B—Site Map(s}.
�
I Ib.4. Exhibit C—Permitted Exceptions
�
I
� Springbrook Conservation Easement 17 Octaber 3, 200G
�
�
-
16.5 Exhibit D—Agreement for Release From Liability
16.6 E�chibit E—Assignment af Easement
Ta HAVE AND To HoLo unta Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the undersigned Grantar has executed this Easement this �dy
of ���%'�°'L ,2006.
CITY OF RENTON,Grantor
By�a�, /��-�'���„-
Kathy Keolk�er,Mayor
The CASCADE LAND C4NSERVANCY does hereby accept the above Grant Deed of Conservatian
Easement.
Dated: f b • y ob
CASCADE LAND CCiNSERVANCY, Grantee
By ��
,
C.�S+� �i�ji*rtor� E�c�lvfi`� .
t/',c� f�,�es%�+-.�'
THE WA3HINGTON STATE DEPARTMENT OF TRANSPpRTAT10N daes hereby accept its designation
as Assignee�p on the ccurrence of thase events described in Paragraph 13.2 abave.
Dated: UGf �,�0�
. -
WASHINGT{�N STATE DEPARTMENT{}F
TRANSPURTATION
BY4.�0�
G ld L�altinger /��
Director af Real EsfaCe Services
Springbrook Conservation Easement 18 October 3,200d
' STATE OF WASHINGTON �
}SS,
COUNTY OF KING }
I
On this�►f r1 day of���}�t, 2446,before me,the undersigned, a Notary Public in
and for the State of Washingtan, duly commissioned aar}��worn,personally
agpeared � ' �, ta me knawn to be the�'�: �?4�K �Y QF RENTON,the Washington
limited liabilit company that executed the within and fare oin Easement, and acknawledged
g �
the said Easement ta be the free and voluntary act and deed af said campany far the uses and
� purposes therein mentioned, and on oath stated that he is authorized to execute the said
' Easement.
WIT�tEss my hand and official seal hereto affixed the deal and year in this certificate
I above written. j
��`�����`�������� .
,� yr�,N�V '+�� `���,.� �/�j , I
, y��Sy�$`�.���1�Et}� �/i c 4L��,1 i.}-���"�4��-�'ti'-
�;�; g -��'0���'���i N4TARY PUBLIC in and for e Sj te of I
�'.�'�.�� y �"�n% � Washington,r si in at �'11,77�JY2 I
�, � �o . - : : I
� scs ' sZ� PrintName: r�ii�'i��L N�,L� {Y�t'�Ft��
� %.,�� A�gti�Og',�= My commission expires�!�t��!?� I
,
��/`��''��a 9'1 J' ,�'�,�
r,��9�F����fi,.�������..— I��
��►�,���
STATE OF WASHINGTON � �
� 5S.
� COUNTY OF KING �
� � �
j On this � day af���,y, r�-C` 2006,befare rne,the undersigned, a Notary Public in
j and for the State of Washington,dul o 'ssioned and sworn,persanally appeazed '��.q�,,�/
l O<<a�lo�"'B�4 to me known to be the���x��of Cascade Land Conservancy,the Washington
( nonprafit corporation that executed the within and foregoing Easement, and acknowledged the
� said Easement to be the free and valuntary act and deed of said cor�wration for the uses and �
purposes therein mentioned, and on oath stated that he is authorized to execute the said
j Easement.
I
� WrrtvEss my hand and off cial seal hereto affixed the deal and year in this certificate
� above written.
����.1�`wi�t,'r'ER�,,,�
�♦~ ����+ � .�/
��T�r � No'r�tY PuBLIC in and for the State of
=
��r _ Washington,residing at -
Print Name:,�,�p„���„�,�.
=M A���'�� �� My cornmission expires
ifr�l.����r �����,tp���
f�i��fFlW AS�������
� Springbrook Cor�.cervation Easement 19 Octvber 3,20Q6
�
�
� - -- -- - - .
EXHIBIT A to
GRANT DEED OF CONSERVATION EASEMENT
Legal Description of Propertv Subiect to Easement
Units A,B and E of City of Renton Lot Line Adjustment No. LUA-4fi-Q9S-LLA,recorded under
King County Recording Na. 20060824904447, as mare particularly described in the attached
Sheet 2 thereaf;
TCIGETHER WITH Unit C of said Lot Line Adjustment, as mare particularly described in the
attached Sheet 2 thereof, EXCEPT that portion of said unit Iying nartherly af the southernmost
line of the easement granted to Burlington Northern and Santa Fe Railway Co. recorded under
King County Recording Number 20050303000954; and
TC?GETHER WITH the north 721 feet of Unit D af said Lat Line Adjustment, as mare
particularly described in the attached Sheet 2 thereaf.
Situated 'm Section 30,Township 23 Narth,Range 5 East, W.M., and in Sectians 25 and 36 of
Township 23 North,Range 4 East, W.M., ail in the City af Renton,King County,Washington.
Springbrook Conservatian Easement 20 October 3,200d
r .
i
I
i
� '.
� T e 23Ne
Re 4E. WaM.
: T. 23N. Re 5Ea W.M.
9A'2tt�+Smc[T�; —SPRINGBROOK CREEK WETIAND
. AND NhBiTAT M�TtGA170N BANK
' BOVNDARIES.
��� _'--"—PEAESIRIAN SRA1l BWNOARIES.
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'ii ���.� G , ! `.i---
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. SM)9IH SIREET
.............."". � - . , '..._.... ��� ""......._""'._..."_'....__......"""_
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' SCALE�N FEE1
w � w EXHIBIT - �
36 `r �, �' 31
� -. �
1
EXHIBIT C to
GRANT DEED OF CONSERVATION EASEMENT
Permitted Exceptions
Those restrictions,reservations and protective covenants, and those easernents identified as ,
"remaining"or"portion remaining," all as shown on Sheets 12 through 19 inclusive of the City
af Renton Lot Line Adjustment No. LUA-06-095-LLA recorded under King County Recording
No. 20060$24900007,copies of which are attached hereto.
I
I
I
I
Springbrook Conservatian Easement 22 October 3,200b I
r
EXHIBIT D to
GRANT DEED OF CONSERVATION EASEMENT
A�reement for Release from Liabilitv
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 Properly")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. I am entering the Protected Property at my own risk and I 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. I HEREBY RELEASE,WANE AND DISCHARGE CITY OF RENTON and their personal
representatives,heirs, SUCCeSSOTS, Slld 8SS1griS, atld�18 CASCADE LAND CONSERVANCY Sil(i 1tS
' personal representatives, successors, and assigns from any liability for harm or loss suffered by
me m connection with my activities in the Protected Property, WHETf�R BY NEGLIGENCE OR NOT,
a11d I FURTI-�R SAVE 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, SIICCeSSOtS, and assigns, fCOTri
any and a111iability,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 I,IABILITY" 1S
intended to be as broad and inclusive as pernutted 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 HAVE FULLY INFORMED MYSELF OF TF�CONTENT OF THIS"AGREEMENT FOR RELEASE FROM
LIABILITY"BY READING IT CAREFULLY BEFORE SIGNING IT.
Name(print) Signature
Date City/County/State
Springbrook Conservation Easement 23 October 3, 2006
EXHIBIT E to
GRA.NT DEED OF CONSERVATION EASEMENT
Assi�nment of Easement
Springbrook Conservation Easement 24 October 3,2006
AFTER 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 I
Assignor: Cascade land Conservancy �,
Assignee: Washington State Department of Transportation I
Legal Description
Ptn of W 1/2 of Section 30,T23N,RSE, W.M. and Ptn of Section
25, T23N,R4E, W.M. and Ptn of NE 1/4 of the NW 1/4 of Section 36, T23N,
R4E. W.M., all in the City of Renton,King County, Washington.
Additional legal description: at Exhibit A.
� Assessor's Tax Pazcel Numbers:
1) 125381-0090-OS (Unit A); 2) 252304-9004(Unit B); 3)Ptn of 252304-9019 (Unit C);
4)Ptn of 362304-9002-06(Unit D); and 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 County, Washington, under Auditor's File No.
("Easement"). The Easement is attached hereto as Exhibit B.
Springbrook Conservation Easement 25 October 3, 2006
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. Assignee is authorized to acquire and hold conservation easements under RCW
64.04.130.
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 rights and obligations of Assignor as Grantee
under the Easement, and agrees to exercise its rights and obligations under this Assignment
consistent with the Purposes and terms 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
Attn: Director,Real Estate Services
Springbrook Conservarion Easement 26 October 3, 2006
And
Washington State Department of Transportation
P.O. Box 47331
Olympia, WA 98504-7331
Attn: Director, Environmental Services '
3. General Terms
3.1 Entire A�reement. 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 Authoritv. Each undersigned representative of the parties certifies that he or she
is fully authorized to enter into the tenns and conditions of this Assignment and to legally
execute, and bind such party to,this Assignment.
3.3 Recitals. Each recital and exhibit set forth above is fully incorporated into this
Assignment.
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 HAVE AND TO HOLD unto Assignee, its successors and assigns forever.
IN WITNESS WHEREOF,the undersigned Assignor has executed this Assignment this_day of
,20 .
CASCADE LAND CONSERVANCY,Assignor
By
[name]
[title]
The WASHINGTON STATE DEPARTMENT OF TRANSPORTATION does hereby accept the above Assignment
of Grant Deed of Conservation Easement.
Dated:
WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION
Bl�
[name]
[title]
Springbrook Conservation Easement 27 October 3,2006
STATE OF WASHINGTtJN }
}Ss.
COUNTY UF KING }
On this day of 2U_,before me,the undersigned,a Natary Public in and for
the State of Washington,duly commissioned and sworn,personally appeared
ko me known ta be the President af 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 instrurnent.
WtTNESs my hand and official seal hereto affixed the deal and year in this certificate above
written.
NOTARY PUBLiC in and for the State af
Washingtan,residing at
Print Nazne:
My comtnission 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 commissianed and sworn,personally appeared
[name]ta me known to be the [title� of the
Washingtan State Deparirnent of Transpartatian,the agency of the State af Washington that executed the
within and foregaing insriwnent,and aclrnowledged the said instrument to be the free and volurnary act
and deed of said agency for the uses and purposes therein mentioned,and an aath stated that sthe is
authorized to execu#e the said instrument.
W�TNEss my hand and official seal hereto a�xed the deal and year in this certificate abave
written.
NOTARY PU�LIC in and for tha State of
Washington,residing at
Print Narne:
My commission expires
Sprzngbrovk Conservatian Easement 28 Octaber 3,2006
EXHIBIT A to
ASSIGNMENT OF GRANT DEED OF CONSERVATION EASEMENT
L�e al Description of Pronertv
Units A, B and E of City of Renton Lot Line Adjustment No. LUA-06-095-LLA, recorded under
King County Recording No. 20060824900007, as more particularly described in the attached
Sheet 2 thereof;
TOGETHER WITH Unit C of said Lot Line Adjustment, as more particularly described in the
attached Sheet 2 thereof, EXCEPT that portion of said unit lying northerly of the southernmost
line of the easement granted to Burlington Northern and Santa Fe Railway Co. recorded under
King County Recording Number 20050303000964; and
TOGETHER WITH the north 721 feet of Unit D of said Lot Line Adjustment, as more
particularly described in the attached Sheet 2 thereof.
Situated in Section 30,Township 23 North, Range 5 East, W.M., and in Sections 25 and 36 of
Township 23 North, Range 4 East,W.M., all in the City of Renton,King County, Washington.
Springbrook Conservation Easement 29 October 3, 2006
EXHIBIT B to
ASSIGNMENT OF GRANT DEED OF CONSERVATION EASEMENT
Conservation Easement
Springbrook Conservation Easement 30 October 3, 2006