HomeMy WebLinkAbout47_Draft Wetland Conservation EasementAFTER RECORDING RETURN TO:
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Please print or type information WASHINGTON STATE RECORDER’S Cover Sheet (RCW 65.04)
Document Title(s) (or transactions contained therein):
Grant of Conservation Easement
Reference Number(s) of Documents assigned or released:
Additional reference numbers on page(s) _____ of document.
Grantor(s) (Last name, first name, initials)
1. Pleasant Harbor Marina and Golf Resort LLP
2.
Additional names are on page(s) _____ of document.
Grantee(s) (Last name first, then first name and initials)
1. Jefferson County
2.
Additional names are on page(s) _____ of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Additional legal description is on page(s) _____ of document.
Assessor’s Property Tax Parcel/Account Number Assessor Tax # not yet assigned
_____________________________
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
Conservation Covenant Agreement
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Exhibit 47
GRANT OF CONSERVATION COVENANT
FOR WETLANDS AND WETLAND BUFFERS LOCATED
WITHIN THE PLEASANT HARBOR MASTER PLANNED RESORT
THIS CONSERVATION COVENANT AGREEMENT FOR WETLANDS AND
WETLAND BUFFERS LOCATED WITHIN THE PLEASANT HARBOR MASTER PLANNED
RESORT(the “Agreement”) is made and entered into this ____ day of _________________, 2025, by
and between Pleasant Harbor Marina and Golf Resort LLP, a Washington limited liability partnership
hereinafter referred to as “Grantor”, and the Jefferson County, a municipal corporation organized under
Title 35 RCW, hereinafter referred to as the “County” and/or “Grantee”.
WHEREAS, the Grantor is owner in fee simple of certain real property located in Jefferson County,
Washington, legally described on Exhibit ‘A’ attached hereto and incorporated herein by reference, which
property is intended to be subject to this Agreement and burdened in perpetuity by this Agreement (the
“Property”);
WHEREAS, the Property is part of a larger assemblage or parcels owned by Grantor that is
commonly referred to as the Pleasant Harbor Master Planned Resort;
WHEREAS, Grantor, as part of its planned redevelopment of the Pleasant Harbor Master Planned
Resort, agreed to record a conservation covenant conserving wetlands and their buffers located with the
Pleasant Harbor Master Planned Resort;
WHEREAS, the Grantor or the representative of Grantor executing this Agreement has the authority
to burden the Property for the purpose of granting the County a perpetual, conservation covenant with
respect to the wetland and surrounding buffer in the are depicted in Exhibit ‘B’ attached hereto and
incorporated herein by reference (the “Conservation Covenant”) located on the Property;
WHEREAS, Grantor acknowledges the important environmental value of the Conservation Covenant
and agrees not to undertake any activity within the Conservation Covenant inconsistent with the
preservation of the functions and values of wetlands and associated buffers on the Property;
NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties hereby agree
as follows:
1.Declaration of Covenant. Grantor establishes this perpetual covenant over the wetlands and their
buffers as depicted on the Plat of Pleasant Harbor recorded under Jefferson County AFN
______________ for the purposes set forth (collectively “Wetlands”).
2.Purpose. The purpose of this Conservation Covenant is to ensure that the Wetlands will be retained
in a natural and open space condition and to prevent any use of the Wetlands that will cause a net loss
of the Wetland’s ecological functions without the County’s advanced written consent.
3.Prohibited Uses Within the Conservation Easement . Grantor shall not undertake, nor cause to be
undertaken any activity or use within the Conservation Easement which is inconsistent with the
purpose, scope, or intent of this Agreement, or cause a net loss of ecological functions of the
Conservation Covenant Agreement
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Exhibit 47
delineated wetlands or their buffers. Nothing in this Agreement shall be construed to apply to or limit
Grantor’s use of the Property outside of the Conservation Easement.
4.Buffer Covenant. The parties agree that the current ecological functions of the Wetlands are
diminished and that by removing pre-existing road grades, removing invasive plants and replanting
vegetation Grantor is greatly improving those functions and providing a net ecological benefit. The
County covenants that it will not impose a larger buffer around the wetlands as a result of the
Grantor’s restoration efforts. The County further covenants that it will cooperate with the Grantor to
average buffers to minimize the impact the buffers may have on developable portions of the Property
so long as such averaging is as protective of ecological functions.
5.Reserved Rights. Grantor reserves any use of, or activity on, the Wetlands that is not inconsistent
with the purpose of this Conservation Covenant. Without limiting the scope of this reservation,
Grantor specifically reserves the right to: (a) undertake activities necessary to protect human safety or
property improvements; and (b) maintain vegetation by removing invasive species. Nothing in this
reservation shall be construed to eliminate any applicable permitting requirements prior to exercising
a reserved right.
6.No Public Access. Nothing in this Agreement shall be construed to grant the public a general right of
access to the wetlands and or their buffers.
7.Reserved Rights. Grantor reserves to itself all rights, title, interest, and obligations incident to
ownership of the Property except those rights and interests expressly conveyed to the County
hereunder and those obligations expressly undertaken by the County hereunder.
8.Runs with the Property. This Conservation Easement shall run with the land and be binding on
Grantor’s successor and assigns in perpetuity.
9.Enforcement. In the event a party files an action to enforce the terms of this Agreement, the
prevailing party in such action shall be entitled to recover reasonable attorney’s fees and costs
incurred in prosecuting or defending against such enforcement action, in addition to any other remedy
or relief obtained. The County, at its option, may take action to preserve and protect areas within the
Conservation Easement after first giving Grantor written notice and after Grantor’s failure to cure
within a reasonable time which reasonable time shall not exceed 30 days after notice unless the
parties agree otherwise. In such case, the reasonable expenses incurred by the County shall be
recoverable from Grantor if Grantor is found to be in violation of this Agreement.
10.Non-waiver of Breach. No omission or failure by either party to exercise or enforce any of their
rights under this Agreement or to enforce any breach hereof, nor any forbearance granted by the such
party, shall be deemed or construed as a waiver by such party of such rights or a discharge of liability
for any breach by the other party of the terms hereof. Nor shall any delay by a party in the exercise or
enforcement of its rights and remedies limit or impair such right or remedy, or be construed as a
waiver of the party’s right to pursue its remedies.
11.Costs and Liabilities. Grantor retains all responsibilities and will bear all costs and liabilities of any
kind related to or incidental to the ownership of the Property and agrees to pay all assessments and
taxation (if any) against said Property assessed by any governmental authority as they become due;
provided, however, that nothing in this Agreement shall be construed to prevent Grantor from taking
Conservation Covenant Agreement
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Exhibit 47
advantage of real property tax discounts that may be available to it by granting this Conservation
Easement.
12.General Provisions.
a.Recordation . Grantor shall record this Agreement immediately, upon receipt of Final Plat to all
adjacent lots touching buffer, in the Jefferson County Recorder's Office.
b.Authority . Grantor is the owner in fee simple of the Subject Property referred to above and has
full power and authority to burden the Property in perpetuity with this Conservation Easement.
c.Construction . This Agreement shall be liberally construed to effect the purpose and intent hereof.
d.Severability . If any provision of this Agreement is ruled invalid or unenforceable for any reason
by a court of competent jurisdiction, the remaining provisions hereof shall remain in force and
effect.
e.Modification . This Agreement may be changed, modified or amended in whole or in part only by
a written and recorded agreement or amendment executed by the parties hereto or their respective
heirs, successors or assigns. Grantor may propose specific plans for the Property that may include
or affect the Conservation Easement, or include or affect mitigation associated with protecting
resources otherwise protected by the Conservation Easement. The County agrees to reasonably
consider such plans, provided the proposed work meets all appropriate governmental codes and
does not diminish the quality of the stream or its buffer, or interfere with the County’s rights
hereunder.
f.No Third-Party Beneficiaries . This Agreement is intended for the benefit of the parties hereto
and their respective permitted successors and assigns, and is not for the benefit of, nor may any
provision hereof be enforced by, any other person.
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first written
above.
Conservation Covenant Agreement
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Exhibit 47
GRANTOR:
Pleasant Harbor Marina and Resort LLP
By:
Authorized Signature
Name: ____________________________________
Print Name
Title:
STATE OF WASHINGTON )
) ss.
COUNTY OF _______)
I certify that I know or have satisfactory evidence that _____________________________ and
is/are the person(s) who appeared before me, and
said person(s) acknowledged that he/they signed this instrument and acknowledged it to be
his/their free and voluntary act for the uses and purposes mentioned in this instrument.
Dated:
(Print Name)
Notary Public in and for the State of Washington
residing at
My appointment expires:
Conservation Covenant Agreement
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Exhibit 47
GRANTEE:
Jefferson County, a municipal corporation
By:
Authorized Signature
Name: ____________________________________
Print Name
Title:
STATE OF WASHINGTON )
)ss.
County of Pierce )
I certify that I know or have satisfactory evidence that __________ is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to
execute the instrument and acknowledged it as the _____________ of JEFFERSON COUNTY to be the
free and voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated:
(Print Name)
Notary Public in and for the State of Washington
residing at
My appointment expires
Conservation Covenant Agreement
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Exhibit 47
EXHIBIT ‘A’
(PROPERTY LEGAL DESCRIPTION)
Conservation Covenant Agreement
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Exhibit 47
EXHIBIT ‘B’
(EASEMENT DESCRIPTION)
Conservation Covenant Agreement
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Exhibit 47
Conservation Covenant Agreement
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Exhibit 47