The URL can be used to link to this page

Home My WebLink AboutE 20061005000360 � f , , , � - ' ` ♦ AFTER RECORDING RETURN TO: 20061005000360 CITY OF RENTON PACIFIC NW TIT EAS 61.00 1055 South Grady Way 10G0S 2006 09 23 Renton, WA 98055 KING COUNTY, wa Attn: Surface Water Utility Engineering Supervisor �c�� rA� NC1T REQUIRED �n . Records Division � � �p� �C'Y�" IGI�"` �n� GRANT DEED OF CONSERVATION EASEMENT Grantor: City of Renton �� .S I Grantee: Cascade Land Conservanc I Y 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 Parcel Numbers: 1) 125381-0090-OS (LTnit 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) /��e-- IS r' NT DEED OF CONSERVATION EASEMENT("Easement") is made as of the � day of��i��2006 by City of Renton, a municipal corporation ("Grantor"), in favor of Cascade Land Conservancy, a Washington nonprofit corporation("Grantee") (collectively "Parties"). 1. RECITALS 11. 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 Springbrook Conservation Easement 1 October 3,2006 � , � , , , on the Protected Property that are restared, enhanced, or other�vise created after the effective date 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 andlor 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 Agreements"), 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. Grantee acknowledges that from time-to-time Grantor may increase the real property that is subject to this Easement in furtherance of the Mitigation Bank. Grantor and Grantee may amend this Easement to accomplish the foregoing as provided in Section 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 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 8434.250, 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 agees,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 Agreements and related documents. Springbrook Conservation Easement 2 October 3,2006 7 � ` � ` 2. CONVEYANCE AND CONSIDERATION 2.1. For the reasons stated above, and in consideration of the mutual covenants, terms, 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 of RCW 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.L 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 Springbrook Conservation Easement 3 October 3, 2006 ' , , , ' , 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 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, Grantee and Assignee from all liability to the extent allowed by law. 4.4. Iniunction 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, within sixty days (60) after the recording of any amendment hereof under Section 12.1 below and thereafter as provided in Section 4.7.2 below, Grantee shall document specifically the Conservation Values in an inventory of relevant 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 obj ective, although nonexclusive, information baseline for monitoring compliance with the terms and conditions of this Easement. Springbrook Conservation Easement 4 October 3, 2006 , , . , 4.7.2. As previously noted, the additional restoration and enhancement work under the Banking 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 of this Easement. 4.8. Maintenance of Protected Propertv. 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 5.11.1, below). Grantee shall provide Grantor 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 Stewardshiu,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 Agreements and any final design, construction or management plans and bid specifications subsequently developed in conformance with the Banking Agreements, 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, Springbrook Conservation Easement 5 October 3,2006 i � . � and to facilitate, the foregoing activities, provided that any off-road use thereof does not cause more than a de minimis adverse impact on the Conservation Values. If Grantor 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 the 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. Grantor 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, Grantee and Assignee from all liability to the extent allowed by law. 5.9. Protection of Health or Safetv. 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 Utilities Infrastructure. Routine maintenance, improvement, operation, removal, repair or replacement of existing City of Renton and King County utilities currently occupying 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 of the City of Renton Lot Line Adjustment No. LUA-06-095-LLA, recorded under King County recording Noe 20060824900007, copies of which are attached to Exhibit C to this Easement. Springbrook Conservation Easement 6 October 3,2006 � � , , ' ' • 5.11 Grantor's Obligations. 5.11.1. Noxious Weed Control. Grantor shall comply with all state and local requirements for controlling noxious weeds within the Protected Property. 5.11.2. 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 activities, for as long as necessary to serve the needs of the long term management phase, as described in the Banking Agreements and related documents. 5.11.3 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 Agreements. In the event that Grantor assigns its responsibilities under the Long-Term Management Plan("Plan"), as provided for in the Banking Agreements, Grantor 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. General. 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 lots, 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, Springbrook Conservation Easement 7 October 3, 2006 � � . , ' ' • 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 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 Ve et� ation. 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 subj ect 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. Minin�. 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, e�rcept 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 installation or construction of improvements in furtherance of the same, eaccept as expressly provided in Section 5 above. 7. NOTICE AND APPROVAL 7.1. Notice. 7.1.1. Grantor. Certain provisions of this Easement require Grantor 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 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 Grantar 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 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 [taaces], 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 of receipt 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 Agreements that must be satisfied in undertaking the proposed use or activity. 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. 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: 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 To Assignee: Washington State Department of 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 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(15) 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. 8.2. Mediation/Alternative 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 Grantor 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 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 a mediation request, the Parties shall select a single mediator to hear the matter. The matter shall be settled in accordance with any Washington State mediation statute then in effect. 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 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 Springbrook Conservation Easement 10 October 3,2006 • � . , 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. 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 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. 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 or be construed as a waiver. 9.8. Acts Bevond 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 100-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 Grantor contained in this Easement and otherwise evidences the status of this Easement. 10. COSTS, LIABILITIES, TAXES,ENVIRONMENTAL COMPLIANCE,AND INDEMNIFICATION 10.1. Costs, Legal Repuirements, 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 Springbrook Conservation Easement 12 October 3,2006 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. Grantor 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 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. Springbrook Conservation Easement 13 October 3,2006 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 ar 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 11.1, 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. 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. 11.3. 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 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 Mer�er. In the event that Grantee acquires the fee title to the Protected Property, it is Grantor's and Grantee's 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 Springbrook Conservation Easement 14 October 3,2006 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 incorparate the provisions in this Grant Deed of Conservation Easement in any subsequent conveyance of an interest in the Protected Property. 12. AMENDMENT 12.1. Amendment to Expand 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 such additional real property is contiguous with the property that is already subject to this Easement. Any such amendment shall be recorded in the official records 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 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. Assi�nment Generallv. 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 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 as Grantee 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 Springbrook Conservation Easement 15 October 3,2006 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 8434.210 (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 13.3, 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. Controllin�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 constnzction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to affect 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. 15.3. Severabilitv. If any provision of this Easement, or its application to any person or circumstance, is found to be invalid, the remainder of the provisions of this 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, 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 Springbrook Conservation Easement 16 October 3,2006 Property other than the rights specifically provided herein. 15.6. "Grantor" - "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 Assi�ns. 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 Obli�ations. 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 of recording of this Easement. 15.12. Authoritv. 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 they are signing. 15.13. Captions. The captions in this Easement 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 Springbrook Conservation Easement 17 October 3,2006 16.5 Exhibit D—Agreement for Release From Liability 16.6 Exhibit E—Assignment of Easement To HAVE AND To HoLD unto Grantee, its successors and assigns forever. IN W��vEss WxExEOF, the undersigned Grantor has executed this Easement this 3�day of G�C�2. , 2006. CITY OF RENTON, Grantor By Kathy Keolk , Mayor The CAscADE LAND CoNSExvANCY does hereby accept the above Grant Deed of Conservation Easement. Dated: _._ �d • y• O� CASCADE LAND CONSERVANCY, Grantee By �as�OCeKK�tt�,.-�i'�-e Vic�. f�S��w� THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION does hereby accept its designation as Assigne upon the occurrence of those events described in Paragraph 13.2 above. Dated: �i�� 3. �OU � �— . WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By . Ge ald L Gallinger Director of Real Esta ervices Springbrook Conservation Easement 18 October 3,2006 STATE OF WASHINGTON � � SS. COUNTY OF KiNG � On this�_day of (� F' 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned an.�,,s,worn, personally appeared L�;�l, to me known to be the��CITY OF RENTON, the Washington limited liability company that executed the withm and foregomg Easement, and acknowledged the said Easement 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 Easement. W��vEss my hand and o��i�cial seal hereto affixed the deal and year in this certificate �� N�� above written. �.•�`E NF��f ��`a��.�a��q� /� aCj�,• gg10n1�r''�,, ��i //I.L�,,(��II.�L�G�d�1-A�}'✓11 ��"��OT�,Q+'o''y, �, � 'o��' �' �,% % oTAxY PUBL�C in and for the State of : :c� _ . .. w; � , Washington,residing at ��'t.`�Y� i u'r;•,, iOUg��G =2' Print Name: l� t G��{It '�.�'L��d��3✓! ��i�9�''+�,,9�1 9-09��'��= M y commission ex pires % 2 l h�� /��u��...\�CZ.: ,'+'��lReRl�N��\` 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, dul�issioned and sworn,personally appeared E�-C-�c-�/ (j�(�r�'�' �to me known to be the of Cascade Land Conservancy, the Washington nonprofit corporation that executed the within and foregoing Easement, and acknowledged the said Easement 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 Easement. W��vEss my hand and official seal hereto affixed the deal and year in this certificate above written. > ., ! " ^� .� `E`wAiirE,�c,�� ; �, . f,,,- . !1� y�� ; + NOTAqy � 2 N Y PUBLIC i an for the t te of " Washington,resi in at �A�� s � ,��i�� ` Print Name: ��. My commission expires . %�a'.1ft��lyN2a�Z�O��,tO�. ��i��f�W AS�� Springbrook Conservation Easement 19 October 3,2006 EXHIBIT A to GRANT DEED OF CONSERVATION EASEMENT Le�al Description of Propertv Subiect to Easement 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 20 October 3,2006 To 23No Ra 4Ea WoMe To 23No Ro 5Eo WoMa w —��'N s�«�,� - SPRINGBROOK CREEK WETLAND AND HABITAT MITIGATION BANK � BOUNDARIES. �N\� � �N\� � -------PEDESTRIAN TRAIL BOUNDARIES. _ I �� I � � �N`� G 3 N 25 — d 3� � w �u s'��T � � � � � � � �� v — � sw�s-r�� — — — — — — c,�'�� o'�' � ° oo�� `,� A� �~ S S I�zx St�T ' � zso o �� ,�o ' SCALE IN fEET w ; w EXHIBIT - B 3 6 � �' 31 � : � EXHIBIT C to GRANT DEED OF CONSERVATION EASEMENT Permitted Exceptions Those restrictions, reservations and protective covenants, and those easements identified as "remaining" or"portion remaining," all as shown on Sheets 12 through 19 inclusive of the City of Renton Lot Line Adjustment No. LUA-06-095-LLA recorded under King County Recording No. 20060824900007, copies of which are attached hereto. Springbrook Conservation Easement 22 October 3,2006 EXHIBIT D to GRANT DEED OF CONSERVATION EASEMENT AQreement 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. 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,WAIVE AND DISCHARGE CITY OF RENTON and their personal representatives, heirs, successars, 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 SAVE AND HOLD HARMLESS CITY OF RENTON,WASHINGTON STATE DEPARTMENT OF �NSPORTAT�oN, 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 HAVE FULLY INFORMED MYSELF OF THE CONTENT OF THIS"AGREEMENT FOR RELEASE FROM LIABILITY"BY READING IT CAREFULLY BEFORE SIGNING IT. ame nnt ignature Date rty ounty tate Springbrook Conservation Easement 23 October 3, 2006 EXHIBIT E to GRANT DEED OF CONSERVATION EASEMENT Assignment of Easement Springbrook Conservation Easement 24 October 3,2006 � r . 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 Assignor: Cascade land Conservancy Assignee: Washington State Department of Transportation 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 Paxcel 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 Conservation 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 terms 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 DEPART'MENT OF TRANSPORTATION does hereby accept the above Assignment of Grant Deed of Conservation Easement. Dated: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By [name] [title] Springbrook Conservation Easement 27 October 3,2006 a f � 1 . STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) 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 aclrnowledged the said instrument to be the free and voluntary act and deed of said corparation far the uses and purposes therein mentioned, and on oath stated that s/he is authorized to execute the said instrument. W�T1vEss 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 [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 faregoing 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 Springbrook Conservation Easement 28 October 3,2006 • � 1 1 ' • EXHIBIT A to ASSIGNMENT OF GRANT DEED OF CONSERVATION EASEMENT Legal Description of Property 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