HomeMy WebLinkAboutCONSENT Deed of Right re Quimper Trust Land transfer 615 Sheridan Street
( l n Port Townsend, WA 98368
O` www.JeffersonCountyPublicHealth.org
Public Healt
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Josh D. Peters,County Administrator
FROM: Michael Dawson,Water Quality Manager, Environmental Public Health
Tami Pokorny, Natural Resources Program Coordinator
DATE:
SUBJECT: Jefferson Land Trust: Approval of a Deed of Right to Use Land for Conservation
Purposes to Protect the Quimper Trust Land Transfer Project Parcels as Public
Open Space
STATEMENT OF ISSUE:
Jefferson County Public Health (JCPH) requests approval of a Deed of Right to Use Land for Conservation
Purposes to Jefferson Land Trust for the Quimper Trust Land Transfer public open space project.
ANALYSIS:
The Quimper Trust Land Transfer project was approved for Conservation Futures funds by Resolution
35-22 on August 15t, 2022. In 2024,Jefferson County acquired the four parcels,which are located near
the City of Port Townsend and "Cappy's Trails".They are known collectively as Quimper East and
Quimper West.The properties were previously leased from the Department of Natural Resources (DNR)
by Jefferson County through the DNR's Trust Land Transfer Program. Section 3.02 of the lease stated
that the terms and conditions of fee simple sale to the County must include a deed restriction that limits
the permitted use of the property to fish and wildlife habitat, open space,or recreation use and not any
other purpose.The Deed of Right is intended to fulfill this deed restriction requirement. In addition,the
goal of the Conservation Futures Fund program is to preserve and protect the county's important open
space resources from development, and from being"negatively and permanently affected."Through
separate but related agreements,the Jefferson Land Trust will continue to steward the properties with
partial reimbursement for operations and maintenance expenses from the Conservation Futures Fund
through a grant agreement.
FISCAL IMPACT:
There is no impact to the General Fund to convey this Deed of Right to Jefferson Land Trust.
RECOMMENDATION:
JCPH Management recommends BoCC approval of a Deed of Right to Use Land for Conservation
Purposes to Jefferson Land Trust for the Quimper Trust Land Transfer public open space project.
REVIEWED BY
,4z3/-t-zile446/ 11 G .2j—
Fvl� Josh D. Peters, County Administrator Date
Community Health Environmental Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487
EH-25-031
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Jefferson Land Trust Contract No: EH-25-031
Contract For: Deed of Right to Use Land for Conservation Term:
COUNTY DEPARTMENT: Environmental Health
Contact Person: Tami Pokorny
Contact Phone: x498
Contact email: tpokorny@co.jefterson.wa.us
AMOUNT: PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COM CE —080 AND CHAPTER 42.23 RCW.
CERTIFIED: ■ N/A: C/�� July 21, 2025
t �
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: III N/A: July 21, 2025
Signature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 7/24/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 7/24/2025.
Next time, please add a PAO signature line.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
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Upon Recording, Please Return To:
Jefferson Land Trust
1033 Lawrence St.
Port Townsend, WA 98368
DEED OF RIGHT TO USE LAND FOR
CONSERVATION PURPOSES
Quimper West and Quimper East Properties
Grantor: Jefferson County, a political subdivision of the State of Washington
Grantee: Jefferson Land Trust, a Washington nonprofit corporation
Definition and Abbreviated Legal Description:
Quimper West: Portion of Section 32, T31N, R1W, Jefferson County, Washington
Quimper East: Portion of Section 33, T31N, R1W, Jefferson County
(More particularly described in Exhibit "A" (Legal Description), and as depicted in Exhibit "B"
(Property Map))
Assessor's Property Tax Parcel Number(s):
Quimper West: 101323004, 101324001, 999007201
Quimper East: 101333002
Reference Numbers of Documents Assigned or Released: AFN#s 664842 and 664843
1. Conservation Futures Deed Restrictions: Grantor is a county within the State of
Washington, authorized by RCW 84.34.210 to acquire and convey selected "open space
land"so designated under the provisions of Chapter 84.34 RCW and Chapter 3.08 Jefferson
County Code (JCC) by a contractual right necessary to protect, preserve, maintain,
improve, restore, limit the future use of, or otherwise conserve the "open space land."
2. Grantee is a nonprofit nature conservancy corporation or association, defined in RCW
84.34.250, authorized by RCW 84.34.210 and RCW 84.34.220 to specifically purchase or
otherwise acquire, except by eminent domain, rights in perpetuity to future development
of any "open space land" so designated under the provisions of Chapter 84.34 RCW.
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3. The Quimper East property (as defined above) and the Quimper West property (as defined
above) are "open space land," as designated in RCW 84.34.020, and are part of the
Quimper Wildlife Corridor. The Quimper Wildlife Corridor is a 3.5-mile band of forest
stretching across the tip of the Quimper Peninsula from Fort Worden to McCurdy Point.
This greenbelt links six wetlands along a 100-year floodplain and natural drainage basin,
which filters urban stormwater. This natural system protects water quality in local aquifers,
into the Strait of Juan de Fuca and out to Protection Island, where 70 percent of Puget
Sound's seabird populations nest. The Quimper Wildlife Corridor's forests provide safe
passage and natural refuge for everything from migratory songbirds like Swainson's
Thrush to the slow, local migration of rough-skinned newts, while a maze of trails attracts
visitors from nearby Port Townsend.
4. Grantor obtained fee simple title to the Quimper East property and the Quimper West
property from the State of Washington Department of Natural Resources, after exercising
an option to purchase 2009 leases of both properties that stated in Section 3.02:
The terms and conditions of the offer must include a deed restriction that
restricts the Permitted Use of the Property to fish and wildlife habitat, open
space, or recreation use in conformance with Washington Laws of 2008,
Ch.328, Section 3042 and other applicable law, and require that the
Premises no longer be used for any other purposes. Said deed restriction
shall be binding on the purchaser and all successors and assigns.
5. Grantee was the project sponsor on the acquisition of the Quimper East property and the
Quimper West property from the State of Washington Department of Natural Resources.
Pursuant to Chapter 3.08 JCC, Grantee pledged a match of at least 50% of the funds
necessary to acquire the properties, with Grantor using conservation futures funds from
property taxes collected pursuant to RCW 84.34.230. This Deed of Right is effective upon
signature.
6. Pursuant to Chapter 84.34 RCW, Chapter 3.08 JCC, and the requirement in Section 3.02
of the options under which the properties were acquired, a deed restriction is required for
the uses of the properties in perpetuity to fish and wildlife habitat,open space,or recreation
use. This Deed of Right is intended to fulfill this deed restriction requirement.
7. Grantor and Grantee hereby agree to be bound by JCC 3.08.030(9), the uses authorized
under RCW 84.34.230, and the limitations in Section 3.02 of the option to purchase,
including the obligation to ensure the long-term conservation of the Quimper East property
and the Quimper West property.
8. Consistent with JCC 3.08.030(9), the Quimper East property and the Quimper West
property shall not be converted to a different use unless and only if other equivalent lands
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or interest in lands within Jefferson County are received by in exchange.
Consideration:
9. Grantor and Grantee enter this Deed of Right for and in consideration of the match funding
provided by Grantee pursuant to the requirements of Chapter 3.08 JCC and pursuant to the
Grant Agreement entered into between Grantor and Grantee entitled Quimper Trust Land
Transfer signed by Grantor on the seventh day of September 2021 and Grantee the
twentieth day of August 2021 and supporting materials which are on file with Grantor and
Grantee in connection with the Grant Agreement.
Termination Rights Conveyed to Grantor in this Deed of Right:
10. The rights conveyed to Grantee in this Deed of Right shall terminate upon (a) a material
breach by Grantee of the Grant Agreement; (b) dissolution of Grantee; (c) failure of
Grantee to maintain its status as a nonprofit nature conservancy corporation or association,
defined in RCW 84.34.250; or, (d) upon the written agreement of both the Grantor and
Grantee, upon an affirmative vote by both the Grantor's Board of County Commissioners
and of Grantee's Board of Directors. This section does not apply if a successor
organization, nonprofit nature conservancy corporation or association as defined in RCW
84.34.250, assumes the responsibilities of the Grantee.
11. Termination may apply to one or both of the properties.
12. Upon termination of the rights conveyed to Grantee in this Deed of Right, Grantor and
Grantee agree to cooperate in removing the rights conveyed to Grantee in this Deed of
Right from the title of the Quimper East property and the Quimper West property.
Rights Conveyed by this Deed of Right:
13. Grantor grants and conveys to Grantee the following rights to the Quimper East Property
and the Quimper West property for the purpose of ensuring the long-term conservation of
the Quimper East property and the Quimper West property as open space consistent with
the requirements of Chapter 84.34 RCW and Chapter 3.08 JCC, as follows:
a. Grantor shall allow public access for recreational uses to the Quimper East property and
the Quimper West property. This provision is not intended to prevent reasonable access or
use restrictions that are necessary for safe and effective management of the Quimper East
property and the Quimper West property consistent with habitat conservation purposes and
the Grant Agreement.
b. Grantor approves ecological forest management activities for forest restoration,
enhancement and health that benefit habitat functions under a mutually approved
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Stewardship Plan.
c. Grantor shall provide access by Grantee to inspect the Quimper East property and the
Quimper West property for compliance with the terms of this Deed of Right and the
applicable Grant Agreement to which Grantor is a signatory. Such access shall be subject
to the restrictions, if any, allowed under the Grant Agreement, by written agreement with
Grantee, or under state law.
d. Grantor warrants it has and shall maintain the legal right and means to reach the Quimper
East property and the Quimper West property.
e. Without prior written consent by Grantee or its successors, through an amendment to the
Grant Agreement or the process set forth below, Grantor shall not use or allow any use of
the Quimper East property and the Quimper West property (including any part of it)that is
inconsistent with the conservation purposes granted in this Deed of Right and as stated in
the Grant Agreement.
f. Grantor shall not grant or suffer the creation of any property interest that is inconsistent
with the conservation grant purposes granted in this Deed of Right and as stated in the
Grant Agreement or otherwise approved in writing by Grantee.
14. Grantee's consent to an inconsistent use or property interest under this Deed of Right shall
be granted only to the extent permitted by law and upon the following three conditions,
which ensure the substitution of other eligible land. The conditions are: (a) the substitute
conservation land must be of reasonably equivalent habitat qualities, characteristics and
location for the conservation purposes as the Quimper East property and the Quimper West
property prior to any inconsistent use; (b) the substitute conservation land must be of at
least equal fair market value to the Quimper East property and the Quimper West property
at the time of Grantee's consent to the inconsistent use; and, (c)the fair market value of the
Quimper East property and the Quimper West property at the time of Grantee's consent to
the inconsistent use shall not take into consideration any encumbrances imposed on or
alterations made to that land as a result of the original state grant and other grants if such
encumbrances or alterations reduce the value of the Quimper East property and the
Quimper West property from what it would be without them.
15. For purposes of this Deed of Right,the Grant Agreement includes any amendments thereto
that occur prior to or subsequent to the execution of this Deed of Right.
16. This Deed of Right contains covenants running with the land and shall be binding upon
Grantor, its successors and assigns, and upon any person acquiring the Quimper East
property or the Quimper West property, or any portion of them, or any interest in them,
including a leasehold interest, whether by operation of law or otherwise. If Grantor sells
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all or any portion of its interest, the new owner of the Quimper East property or the
Quimper West property or any portion of them (including, without limitation, any owner
who acquires its interest by foreclosure, trustee's sale or otherwise) shall be subject to
applicable covenants and requirements under the Deed of Right.
17. This Deed of Right may not be removed or altered from the Quimper East property or the
Quimper West property, or the Quimper East property and the Quimper West property
further encumbered, or any property rights in or appurtenant to the Quimper East property
and the Quimper West property transferred or sold, unless specific written approval has
been granted by Grantee.
18. No sale or transfer of the Quimper East property or the Quimper West property including
less than fee conveyance of property interest, or changes to this Deed of Right, shall be
made without the written approval of Grantee. Any such sale or transfer of any property
interest or rights in the Quimper East property and the Quimper West property, or changes
to this Deed of Right, or the recording of any encumbrance, covenant, etc. upon the
Quimper East property and the Quimper West property shall be void when made unless
approved in writing by Grantee and made part of the Grant Agreement by amendment.
19. Grantee shall obtain the consent of Jefferson County prior to any conveyance of any
interest acquired hereby.
20. Grantee shall have an independent right to enforce the terms of this Deed of Right.
REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES TO FOLLOW
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GRANTOR:
Jefferson County
By:
Name: Heidi Eisenhour,
Chair, Board of County Commissioners
Title:
Dated this day of ,20
STATE OF WASHINGTON )
Jefferson ) ss
COUNTY OF )
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that they signed this
instrument, on oath stated that they were authorized to execute the instrument and acknowledge it
as the authorized representative for Grantor, Jefferson County, a municipal corporation,and to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Signed:
Notary Public in and for the State of Washington,
residing in
My commission expires
REMAINDER OF PAGE IS INTENTIONALLY BLANK; ADDITIONAL SIGNATURE PAGE
FOLLOWS
Approved,as to form only:
O ( July 24, 2025
r
Philip C Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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GRANTEE:
JEFFERSON LAND TRUST
By:
Name:
Title:
Dated this day of , 20
STATE OF WASHINGTON )
) ss
COUNTY OF )
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that they signed this
instrument, on oath stated that they were authorized to execute the instrument and acknowledge it
as the authorized representative for Jefferson Land Trust and to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
Signed:
Notary Public in and for the State of Washington,
residing in .
My commission expires
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EXHIBIT A
LEGAL DESCRIPTION FOR QUIMPER EAST
Portion of Section 33, T3 I N, R 1 W
Jefferson County, Washington
Government lot 5 of Section 33, Township 31 North, Range 1 West, Willamette Meridian,
Jefferson County, Washington, EXCEPT the north 330 feet thereof, as shown and described by
that Record of Survey recorded January 11, 1996, in Book 17 of Surveys at Pages123- 128, under
Auditor' s File No. 387842, Jefferson County records.
LEGAL DESCRIPTION FOR QUIMPER WEST
Portion of Section 32, T3 I N, R I W
Jefferson County, Washington
The SE 1/4 of the S W 1/4 and the SW 1/4 of the SE 1/4 of Section 32, Township 3 1 North,Range
I West, Willamette Meridian, Jefferson County, Washington, according to U.S. Government
subdivision procedures,
TOGETHER WITH
Lots I , 2, 3, 4 and 5 of B lock 72 of the Supplementary Plat of Captain Tibbals Lake Park,
according to the plat thereof recorded in Volume 2 of Plats at Page 3, records of Jefferson County
Washington.
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EXHIBIT B
PROPERTY MAP
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-, Quimper Trust Land Transfer Project(107 ac) Map created 4/18/25 by Jefferson County
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