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Home My WebLink About1-AD - Easment agreementAfter recording return document to: Jefferson County Department of Environmental Public Health 623 Sheridan Street Port Townsend, WA 98368 Document Title: Grantor: Grantee: Legal Description: Assessor's Tax Parcel Number: Site Address: 674908 PGS:10 EASE 12/12/2025 03:04 PM $312.50 BECCA WIJEFFERS❑ COUNTY ENVIRONMENTF Jefferson County WA Auditor's Office — Brenda Huntinsford, Auditor mill ElPl ff E11TJ�L1 H0414141I II1 NO REAL ESTATE EXCISE TAX REQUIRED JEFFERSON COUNTY TREASURER By: Af EXHIBIT A GRANT OF MITIGATION EASEMENT Michael D. Anderson and Ginalyn P. Anderson Jefferson County Portion of the NW 1/4 of Sec 11,T29N, R1W, W.M., Legal Description of Old Hadlock Road Property and Easement and on Exhibits 1 and 2 of this document. 901112013 890 OLD HADLOCK RD, PORT HADLOCK 98339 GRANT OF INVESTIGATION, REMEDIATION, CONSERVATION AND SALMON ENANCEMENT EASEMENT The Grantors, Michael D. Anderson and Ginalyn P. Anderson as their separate estate, for and in consideration of the release of the lien described in Section 3, do hereby grant and convey to Jefferson County, a municipal corporation, by and through its Department of Environmental Pubic Health and Water Quality, Grantee, the right, privilege and perpetual easement on the Old Hadlock Road Property (as described in Exhibit 1) and on the area of this Easement (as described in Exhibit 2) for the purposes of stated in Section 1. 1. Authority for and Purposes of this Easement. This Investigation, Remediation, Conservation and Salmon Enhancement Easement (this Easement) grants an easement to provide access, egress or ingress to Jefferson County and all of its agents, contractors and employees for all of the following purposes: (a) Conservation and salmon enhancement in the adjacent Chimacum Creek and its critical area buffer within the area of this Easement; (b) Enable Jefferson County to support on -going investigation of releases of hazardous substances at the Old Hadlock Road Property, including soil sampling, groundwater well installation, sampling and monitoring, and remediation, if necessary, at the Old Hadlock Road Property; and, Page 1 of 8 Pages APN 901112013 (c) Construction and maintenance of a fence barrier in the area of this Easement from the rest of the Old Hadlock Road Property, which land is situated in Jefferson County, State of Washington. This Easement granted to Grantee is authorized by RCW 64.04.130. 2. Old Hadlock Road Property and Easement Description. The Old Hadlock Road Property and this Easement are f€iriN6r described as follows: Exhibit 1 contains the legal description for the Old Hadlock Road Property. Exhibit 2 contains an image showing the Old Hadlock Road Property with this Easement outlined in the image and striped. This Easement contains approximately 2.3 acres. Exhibits 1 and 2 are attached and made a part this Easement. 3. Lien Being Released. The lien being released by this Easement was recorded on July 13, 2021 (Auditor's Record 634217) from the judgment entered on May 1, 2020 in the matter of Jefferson County v. Michael Anderson, in the Superior Court in and for Jefferson County, Case No. 06-2-00348-8 for $50,532.68, plus 12 % interest per year. As of Decemeber 1, 2025 the parties estimate the total amount of the lien (including 12% interest) with interest is eighty six thousand, nine hundred, sixteen, and twenty one cents ($86,916.21). TERMS AND CONDITIONS GRANTOR and GRANTEE hereby agree to the following terms and conditions: 4. Grant of Easement. It is understood and agreed that the rights granted in this Easement shall be at all times used in a manner consistent with the Purposes of this Easement listed in Section 1. It is agreed and understood that this Easement may be used by Grantors, except as limited by Section 4 to access Chimacum Creek or adjoining private property. 5. Restrictions on the Grantors' Use of the Area in of this Easement. Grantors' use of the area of this Easement shall not interfere with Jefferson County's work for the Purposes of this Easement listed in Section l,with the exception of an emergency, provided that Grantors give written notice to Grantee of the emergency within 24 hours of the start of the emergency. This Easement prohibits any activity that is inconsistent with the Purposes of this Easement listed in Section 1. For the avoidance of doubt this Easement prohibits: Bringing, maintaining or storing in the area of this Easement any agricultural wastes, animal wastes, ashes, biomedical waste, bulky waste, construction waste, demolition waste, discarded commodities, hazardous substances, junk vehicles; moderate risk waste, problem wastes, rubbish, solid waste, or used oil, as those terms are defined in section 8.10.100 of the Jefferson County Code (JCC) (as that section exists now or may in the future be amended); and, (b) Use by any person within the area of this Easement that is inconsistent with conservation or salmon restoration. 6. Construction and Maintenance within the area of this Easement. Grantee shall construct any fence and any signage and maintain them and the area of this Easement in a manner that is consistent with the Purposes of this Easement listed in Section 1. Page 2 of 10 Pages APN 901112013 11. Disputes. The parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. If either party decides to institute legal action to enforce any right or obligation under this Easement, then each party in such legal action shall bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County, subject to the venue rules in RCW 36.01.050. 12. Termination. This Easement shall terminate with reversion to Grantors, or successor owners of the Old Hadlock Road Property, only upon adoption of a resolution by the Board of County Commissioners indicating that this Easement is no longer needed for the Purposes of this Easement listed in Section 1. 13. Modification. Any modification to this Easement shall be in writing and executed by both Grantee and the Grantor or successor owners of the Old Hadlock Road Property. 14. Easement Runs with the Land. The burdens and benefits of this Easement are intended to attach to and run with the land. The terms and conditions of this Easement shall be binding upon and shall inure to the benefit of the Grantee, the Grantor, and all future owners of the Old Hadlock Road Property. 15. Assignment. The Grantee shall have the right to assign its interest in this Easement, and the terms and conditions set forth herein, to any distinct special district or municipal corporation that might be formed for park and recreation purposes pursuant to chapter 35.61 RCW (Metropolitan Park Districts), chapter 36.68 RCW (Parks and Recreational Facilities) or chapter 36.69 RCW (Park and Recreation Districts) (as those statutes exist now or may in the future be amended) only, at such time as such a special district or municipal corporation is formed for the operation and maintenance of park facilities in Jefferson County; provided, however, that Grantee shall not be relieved of indemnity obligations per Section 7 (Indemnification). If Jefferson County assigns any interest granted pursuant to this Easement to a special district or municipal corporation, said interest shall not be further assigned to any other person without the written approval of Grantors or successor owners of the Old Hadlock Road Property. 16. Singular and Plural Form of Words Used. Words used in this Easement in the singular form shall include words used in the plural form and vice -versa. 17. Acceptance. It is understood and agreed that the delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon Jefferson County unless and until accepted and approved hereon in writing for Jefferson County, through the Department of Environmental Public Health, by the Director. (SIGNATURES TO FOLLOW ON NEXT PAGE) Page 4 of 10 Pages APN 901112013 7. Indemnification. For their comparative liability, each party agrees to indemnify, defend and hold the other party, their officers, officials, employees, agents and volunteers (and their marital communities), harmless from and against any claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which are alleged or proven to be caused by an act or omission, negligent or otherwise, of their officers, officials, employees, agents or volunteers (and their marital communities). The indemnity required by this section 7 shall not apply if the claim, damage, loss or expense for personal injury, for any bodily injury, sickness, disease or death or for any damage to or destruction of any property (including the loss of use resulting therefrom) is caused by the sole act or omission of the other party or their officers, officials, employees, agents or volunteers. The indemnification obligations of the parties shall not be limited by the Washington State Industrial Insurance Act, Title 51 RCW, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act. Each party expressly waives any immunity afforded by such acts to the extent required by a party's obligations to indemnify, defend and hold harmless the other party, their officers, officials, employees, agents and volunteers (and their marital communities). A party's waiver of immunity does not extend to claims made by their own employees directly against that party as employer. 8. Reservation of Rights. Grantors reserve for themselves and their agents, contractors, employees, guests, assignees, successors and invitees a perpetual right to cross the area of this Easement for the benefit of the Old Hadlock Road Property for all lawful uses that are not restricted by Section 5. 9. Notices. Any notices required to be given under this Easement shall be sent to: Grantors: Michael D. Anderson and Ginalyn P. Anderson 270 W. Maude Street Port Hadlock, WA 98339 Grantee: Jefferson County c/o Director of Department of Environmental Health and Water Quality Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 Either party may provide written notice to other party to change the notice addresses set forth above. 10. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Washington. Venue for any dispute regarding this Easement shall be in Jefferson County, Washington. Page 3 of 10 Pages APN 901112013 STATE OF WASHINGTON ) ss. County of Jefferson ) On this I A day of , 6 6e.C- , 2025, before me personally appeared Michael D. Anderson to me known to be the individual that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. L'aA"-?L Notary Public in and for the State of Washington, DEBBIE L FOUNTAIN �-�-^ p Notary Public Residing at Poet 0 wY)Y-,P t u) P- State of Washington Commission # 24244 My Appointment Expires � a % My Comm. Expires Jury '1, 2027 Page 6 of 10 Pages APN 901112013 GRANTOR: DATED this day of k125 Michael D. Anderson DATED this ^day of O&UM �(� 2025 4 0<10v U11, Chi ulllx inalyn P. Anderson GRANTEE: DATED this � day of 04&3riO25 Accepted and approved Jefferson County By: Y�V� A �V'a h 1, ��. Pinky Feri ingo, Jefferson Ctgftty Director of the Department of Enviromental Health and Water Quality r• s (NOTARY PUBLIC SEALS TO FOLLOW ON NEXT PAGE) Page 5 of 10 Pages APN 901112013 STATE OF WASHINGTON ) ss. County of Jefferson ) On this 4L- day of 'DetyYl � , 2025, before me personally appeared Pinky Feria Minga, to me known to be the Jefferson County Director of Enviromental Health and Water Quality that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and official seal the day and year, last above written. OJIA�L 19 n ,r Notary ublic in and for the tate of Washington, DEBBIE 1. FOUNTi,IN Residing -PDl4- TO W P- Notary Public at , .; State of Washington Commission # 24244 My Appointment Expires My Comm. Expires Jun 1, 2027 Page 8 of 10 Pages APN 901112013 STATE OF WASHINGTON ) ss. County of Jefferson ) On this jo — day of 'a)eCaY) lGt' , 2025, before me personally appeared Ginalyn P. Anderson to me known to be the individual that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. Ah- � d Notary Public in and for the State of Washington, OEBBIE L FOUNTAIN Notary Public State of Washington Commission M 24244 My Comm. Expires Jun 1, 2027 Residing at PD � ,-�1 o GCyvtid w A' My Appointmeq.t Expires & -1 "04tO Page 7 of 10 Pages APN 901112013 EXHIBIT 1 LEGAL DESCRIPTION OF THE OLD HADLOCK ROAD PROPERTY REAL PROPERTY SITUATED IN PORT HADLOCK, COUNTY OF JEFFERSON, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: THE SOUTH FIVE ACRES EAST OF CHIMACUM CREEK, OF THE SOUOTH 800 FEET OF THE EAST 1633.5 FEET OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 29 NORTH, RANGE 1 WEST, W.M.; LESS RIGHT OF WAY OF DRAINAGE DITCHES, SITUATED IN COUNTY OF JEFFERSON, STATE OF WASHINGTON. SUBJECT TO EASEMENTS RECORDED UNDER AFN 576061 AND 584011, RECORDS OF JEFFERSON COUNTY, STATE OF WASHINGTON. FOR INFORMATION ONLY: S 5 AC. E. OF CHIMACUM CREEK, S 800' OF E 1633.5' OF NW 1/4 OF SEC. 11, T29N, R1 W, W.M. APN #: 901112013 Commonly known as 890 Old Hadlock Rd., Port Hadlock, WA 98339 Page 9 of 10 Pages APN 901112013 EXHIBIT 2 CONSERVATION AND SALMON ENHANCEMENT EASEMENT The proposed easement includes the western approximately 2.3 acres of said parcel comprised primarily of lowland areas below 100 feet elevation between Chimacum Creek and the lower portion of a western facing slope. Easement corner coordinates are indicated on the image below. Per Voluntary Compliance Agreement signed September 10, 2025, the eastern boundary of the easement falls just below the break in the slope that defines the west edge of the "garden area." Property outlined below; Easement area is striped. Page 10 of 10 Pages APN 901112013