HomeMy WebLinkAbout032017_cabs01CABS
615 Sheridan Street
�eeson Port Townsend, WA 98368
�,,,,„fi, www.JeffersonCountyPublicHealth.org
Public Health
March 14, 2017
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Tami Pokorny, Environmental Health Specialist II
DATE: March 20, 2017
SUBJECT: Agenda Request: Authorization and Concurrence and Deeds of
Right for properties on the Big Quilcene and Dosewallips River
Floodplains
STATEMENT OF ISSUE:
Environmental Health requests Board approval of an Authorization and Concurrence document for the
Bowers Property and Deeds of Right for the Rundquist and Larson -Fulton Properties on the Big Quilcene
and Dosewallips River Floodplains.
ANALYSIS/STRATEGIC GOALS:
Floodplain protections are necessary to ensure adequate riparian habitat for salmon and to prevent or
ameliorate the impacts of flooding. Through the Hood Canal Coordinating Council Lead Entity
(HCCCLE) for Salmon Recovery process http://hccc.wa.izov/content/salmon-recovery, key properties have
been identified for acquisition by Jefferson County and its partners.
For the Big Quilcene River floodplain, Environmental Health requests approval of a Deed of Right for the
Rundquist property located north of river. The Deed will preserve the habitat function of this property in
perpetuity and allow for public access and inspection by the State of Washington through the Salmon
Recovery Funding Board.
For the Dosewallips River floodplain, Environmental Health, in partnership with Public Works, requests
approval of an Authorization and Concurrence document to initiate negotiations on the Bowers property
located downstream of the Lazy C in the Powerlines Reach. EH also requests approval of a Deed of Right
for the Larson - Fulton properties in the Lazy C. The Deed will preserve the habitat function of these
properties in perpetuity and allow for public access and inspection by the State of Washington through the
Salmon Recovery Funding Board.
Deeds of Right are required by the RCO Salmon Recovery Board to protect properties acquired or restored
with state funds. Acquisition of the Bowers property, as well as the anticipated Nesset property, would fill
gaps in existing County ownership along the north shore of the Dosewallips River and simplify
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
stewardship. The RCO permits the use of a restricted appraisal report to establish Just Compensation when
the assessed value is less than $10,000.
Additional acquisitions are anticipated on the Big Quilcene River as part of the overarching effort to
complete and implement the Big Quilcene Restoration Plan under development by the Hood Canal Salmon
Enhancement Group in partnership with Jefferson County, tribes, stakeholders and local residents.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The acquisition of the Bowers property is funded by RCO #13-1221. No additional match is required. The
costs to implement the Deeds of Right are negligible and help ensure that the properties continue to
function as intended for the benefit of salmon.
RECOMMENDATION:
Permit Environmental Health to present the Authorization and Concurrence documents and update the
Commissioners on efforts to acquire key floodplain properties. Review the attached valuation information,
discuss and ask questions, consider recommendation to sign Authorization and Concurrence form and
Deeds of Right.
REVIEWED BY:
Philip Morl un Admi r
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Date
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
AUTHORIZATION TO PROCEED WITH
REAL PROPERTY ACQUISITIONS
Duckabush Floodplain Acquisition Project (RCO #13-1189) Salmon Recovery Projects
Bowers Property
Based on the restricted appraisal report value as of February 17, 2017 and the authority granted
below, we hereby establish just compensation and authorize you to make the first offer on the
following parcel:
Parcel Number
Just
Compensation
Offer
602342004
$4,500
Recomm ation and
/3
Mo ., ublic Works or/County Engineer Dat
Concurrence and Authorization:
The Board of County Commissioners of Jefferson County does hereby establish just compensation
as stated above. The Board does hereby indicates its concurrence and gives authorization for the
Department of Public Works in partnership with the Department of Environmental Health to
proceed with the offer, negotiation and acquisition of the above designated properties in accordance
with Right of Way Acquisition Procedures Resolution 05-11, approved February 7, 2011 and the
policies of the Recreation and Conservation Office. This authorization further directs
Duckabush Floodplain Acquisition Project— Bowers
the Departments to execute the documentation to close said transactions and coordinate with the
approved funding sources to pay for acquisition expenses.
Approved By:
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Kathleen Kler, Chair
Kate Dean, Member
David Sullivan, Member
SEAL:
ATTEST:
Carolyn Avery Date
Deputy Clerk of the Board
Duckabush Floodplain Acquisition Project — Bowers
RESTRICTED APPRAISAL REPORT
of
BOWERS PROPERTY
OFF DOSEWALLIPS ROAD
BRINNON, WA
as of
February 17, 2017
Prepared for
Tami Pokorny
Jefferson County Environmental Health Department
615 Sheridan Street
Port Townsend, WA 98368
Prepared by
George A. Brooks, Appraiser
ComPraise
425 Ericksen Avenue NE, Suite 215
Bainbridge Island, Washington 98110
Ref. 1701
ComPraise
425 Ericksen Avenue NE, Suite 215
Bainbridge Island, WA 98110
George A. Brooks
(206) 201-3557
Email: george@compraise.com
April 11, 2017
Tami Pokorny
Environmental Health Specialist/Project Manager
Jefferson County Environmental Health Department
615 Sheridan Street
Port Townsend, WA 98368
RE: Jefferson County Tax ID No. 602342004
Brinnon, WA
Dear Ms. Pokorny:
At your request, I have prepared the following appraisal of the subject parcel noted above. As instructed, I
have provided an opinion of the fee simple value of the subject in accordance with the Uniform Standards
of Professional Appraisal Practice and the Washington State Recreation and Conservation Office (RCO).
This appraisal is presented as a restricted report, which is the least expansive report permitted under
USPAP, and recognizes the client's familiarity with the subject. Such a report is not intended to be used
nor would it be readily understood by anyone not familiar with the subject. This report format is also
intended to conform to the RCO Manual 3 which allows for a waiver from their more stringent appraisal
and appraisal review standards. The RCO Manual 3 allows for a "Finding of Value" in lieu of their appraisal
standards when the estimated value of the property does not exceed $10,000. The date of value of this
appraisal is February 17, 2017 which is the date of the most recent inspection of the subject.
Identity of Subject Property
The subject of this appraisal includes one tax parcel located about one mile northwest of the unincorporated
community of Brinnon that is covered by the Jefferson County Assessor's tax identification number
602342004. The subject totals about 1.09 acres of vacant land which is bisected by the Dosewallips River
near the southwest boundary.
Purpose of Appraisal
The purpose of this appraisal is to provide an opinion of market value of the subject property as of the date
of this appraisal report. The Washington State Recreation and Conservation Office (RCO) recommends
the use of the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) market value
definition for RCO funded acquisitions. The term "market value" is defined in the UASFLA as:
- 1 -
Market value is the amount in cash, or on terms reasonably equivalent to cash, for which
in all probability the property would have sold on the effective date of the appraisal, after
a reasonable exposure time on the open competitive market, from a willing and reasonably
knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting
under any compulsion to buy or sell, giving due consideration to all available economic
uses of the property at the time of the appraisal.
Per this definition, the market value estimate of the subject provided in this report is not linked to a specific
exposure time. Although USPAP does require such a linkage, the omission of a specific market time
estimate is allowable under the UASFLA as a Jurisdictional Exception.
Property Rights Appraised
This is an appraisal of the fee simple interest in the subject real estate.
Intended Use/User of Appraisal
This appraisal will be used to facilitate the potential purchase of the entire subject property by the Jefferson
County Environmental Health Department. The client is Tami Pokorny, Environmental Health
Specialist/Project Manager for the Jefferson County Environmental Health Department. Intended users
include Ms. Pokorny as well as her authorized associates, employees, representatives or agents. This
appraisal is not intended or authorized for any other use or user.
Scope of Appraisal
The scope of work performed in this appraisal is in compliance with the specific guidelines of the Uniform
Standards of Professional Appraisal Practice (USPAP) to produce a credible value opinion that meets the
expectations of parties who are regularly intended users of similar appraisal assignments and is also in
accord with the analysis that the appraiser's peers would perform in a similar appraisal assignment. It also
conforms to the requirements of the Washington State Recreation and Conservation Office (RCO).
The most typical appraisal methodology is the direct sales comparison approach that is based on recent
comparable data available for a given property type. I have utilized that approach in this appraisal. I did
not perform a cost approach because the subject includes no structural improvements. I have not performed
an income capitalization analysis or a subdivision analysis since the subject property is not income
producing or suitable for subdivision.
Report Type
This analysis is presented in a report format that meets the requirements for a restricted report under USPAP
guidelines. This concise report format is not intended for and would not be readily understood by anyone
unfamiliar with the subject. Discussions and analysis are abbreviated in this document, with supporting
data retained in my files for reference.
-2-
Inspection of Property/Notice of Contact with Property Owner
I inspected the subject property on February 17, 2017 in the presence of Tami Pokorny of the Jefferson
County Environmental Health Department (JCEHD). I contacted the property owner, Gary R. Bowers,
prior to the inspection and he declined to attend.
Location and Description of Subject Property
The subject consists of about 1.09 acres of vacant land that is located near the community of Brinnon, which
is located in the southeast portion of Jefferson County in western Puget Sound. The subject is bisected by
the Dosewallips River along the southwest boundary. The subject is located entirely within the floodway
and the high hazard channel migration zone of the Dosewallips River. The subject is presently only legally
accessible by boat from the Dosewallips River. The subject had deeded access by a private road but the
road was vacated after the road was washed out from the Dosewallips River changing course.
Zoning
The subject falls within Jefferson County Rural Residential -20 zoning designation which allows for one
residential unit per twenty acres of lot area.
Highest and Best Use
"Highest & Best Use" is defined by The Appraisal Institute as:
"The reasonably probable and legal use of vacant land or an improved property, which is
physically possible, appropriately supported, financially feasible and that results in the highest
value. The four criteria the highest and best use must meet are: legal permissibility, physical
possibility, financial feasibility and maximum profitability.
Source: The Dictionary of Real Estate Appraisal, Third Edition, Copyright 1993, published by the Appraisal
Institute.
The highest and best use analysis provides the foundation for a value conclusion by identifying the specific
market position of a subject and thereby specifying appropriate market comparisons for it, as well as the
relevant approaches to value. Legally feasible uses of the subject are guided by its prevailing zone, which
can accommodate residential and accessory uses. With regard to physical feasibility, the subject has power
available nearby. However, the subject is only presently accessible by boat from the Dosewallips River.
The property is situated about one mile from Brinnon's central area. Brinnon is a rural community with
minimal services
The aerial photograph and maps included at the end of this report illustrate that the subject is located in a
rural area near the western shoreline of Hood Canal. The subject is entirely within the floodway and high
hazard channel migration zone of the Dosewallips River. Based on an informal conversation with a
representative of the Jefferson County Planning Department, there is a very low likelihood that their
department would approved a permit for residential development of the subject property due to the critical
areas identified on the subject property. Therefore, the highest and best use of the subject property is
considered to be for recreational use.
-3-
Property Valuation Analysis
Identifying differences in the relevant elements of comparison between a given subject and the sale
comparison properties is essential in the valuation process and any significant differences must be adjusted
either quantitatively or qualitatively in the analysis. Therefore, it is important to have a good understanding
of the comparable properties' attributes. I have provided a map showing the location of four comparables
relative to the subject on page 9. Following that is an adjustment grid that describes each comparable's
physical and location attributes relative to the subject and maps of the comparables.
Analysis of the comparable sales is based upon the elements of comparison noted on the summary grid.
These are the various property characteristics as well as the variables inherent in property transactions that
determine the difference in prices paid for comparable properties relative to a given subject. In this analysis,
the total sale price is the most relevant unit of comparison. In arriving at this conclusion I am aware that
there are some instances in which other units of value such as $/unit or $/acre may be more appropriate.
However, in this instance $/unit is not relevant since the lots cannot be subdivided. In addition, $/acre is
not appropriate due to the small size of the lot. The adjustment grid provides specific data and descriptions
of each comparable as well as the subject and then makes appropriate adjustments. The information and
adjustments are based upon the appraiser's personal inspection of each property, as well as data provided
by the Jefferson and Mason County Assessors, Northwest Multiple Listing Service and discussion with a
party involved in the various transactions when possible. It should be noted that the comparables are
adjusted to correspond to the subject. Thus if the comparable has a superior attribute to the subject the
adjustment is negative, and vice versa.
The Uniform Appraisal Standards of Professional Appraisal Practice allows that an elements of comparison
analysis may be based upon either quantitative or qualitative adjustments (or a combination of both). With
regard to costs that may be associated with existing improvements on a property or expenditures after a sale
such as the removal of obsolete improvements, these may be relatively easy to quantify. Alternately, the
various differences in physical and locational characteristics between the subject and the comparables may
be difficult to quantify and are therefore dealt with through a qualitative analysis.
The first element of comparison, expenditures after the sale, refers to costs incurred by the buyer
immediately after the transaction. Typically, this pertains to costs to correct issues of deferred maintenance
that were known to need attention at the time of sale and therefore would be considered a cost of acquiring
the property. Since the subject and all of the comparables had no expenditures after the sale, no adjustments
are warranted.
The next element of comparison addresses on-site improvements. Since the subject and all of the
comparables were vacant land parcels, no adjustments are warranted.
All of the comparable transactions were of the fee simple interest, as would be the case for the subject.
Therefore, no adjustments are warranted for property rights. Similarly, all of the comparables transacted
on a cash equivalent basis, which would be the expectation for the subject, so no adjustments are needed
for financing.
-4-
Conditions of sale pertains to the motivation of the buyer and seller. Typical market transactions are at
arm's length in which both parties are inclined to maximize their economic gain and have no unusual
influences or motivations. The market definition used in this report assumes any transaction of the subject
would be under these circumstances and this was the case for all comparables.
With regard to market conditions, one of the comparables transacted in 2016, one in 2015 and two in 2014.
A market adjustment is not actually based upon the passage of time, but rather upon appreciation or
depreciation that may have occurred. Appreciation is the result of positive changes with respect to a
property that results in increased demand for it (by means other than a change in the utilization of the
property), whereas depreciation is the opposite. Given the recessionary market and difficult environment
for financing real estate over the past few years, it is very reasonable to consider a factor for depreciation.
The best way to document changes in market conditions for land is through matched pair analysis of the
sale and resale of the same property or the sale of two very similar properties at different times. In my
examination of land sales similar to the subject, I did not find any reliable matched pairs from which to
derive an appropriate market conditions adjustment. However, based on my research in the Jefferson and
Mason County markets, it appears that after significant depreciation in the local housing market through
2012, this has since stabilized in 2013 and has slightly appreciated the last couple of years. Based on this
information, I consider all of the comparables which sold within the past 24 months to be similar to the
subject and the one sale which occurred more than 24 months to be somewhat inferior to the subject.
The remainder of the elements of comparison relate to the physical attributes of the comparables relative to
the subject. Among these, the properties are generally similar with respect to the lack of development
potential. Appropriate adjustments are made on the adjustment grid for the subject.
The various quantitative and qualitative adjustments for each comparable are shown on the adjustment grid
on page 10. At the bottom of the grid the "Quantitative Adjusted Sale Price" is shown for each comparable.
The final step in the analysis is to apply the qualitative adjustments summarized at the bottom of the grid
to these values. The resulting "Overall Value Indication" column shows how each comparable's unit value
fares as a relative indication for the subject lots. Comparable 1 sold for $7,500 and is considered a high
value indicator for the subject. Comparable 2 sold for $10,000 and is considered a somewhat high value
indicator for the subject. Comparable 3 is considered a somewhat low value indicator at $3,500.
Comparable 4 is considered a balanced value indicator at $4,500. Based upon the foregoing analysis I have
concluded with a value for subject of $4,500.
Fee Simple Value of Subject $4,500.
Effective Date of Value
The effective date of value is February 17, 2017.
Date of Appraisal
This appraisal was performed in February, 2017.
-5-
Closing
If you have any further questions or concerns, please do not hesitate to call.
Ref: 1701
Respectfully submitted,
George A. Brooks, Appraiser
M
SUBJECT AERIAL MAP
A view of the subject from a nearby property showing the partial forest cover.
A view of the subject on the left and the Dosewallips River on the right.
SALES COMPARISONS MAP
-9-
COMPARABLE 1 MAPS
COMPARABLE 2 MAPS
- 1 1 -
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COMPARABLE 2 MAPS
- 1 1 -
COMPARABLE 3 MAPS
-12-
COMPARABLE 4 MAPS
- 13 -
-14-
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-14-
General Assumptions and Limiting Conditions
This appraisal report has been made with the following general assumptions.-
1.
ssumptions.
1. No responsibility is assumed for the legal description provided or for matters pertaining to legal or title considerations.
Title to the property is assumed to be good and marketable unless otherwise stated.
2. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated.
3. Responsible ownership and competent property management are assumed.
4. The information furnished by others is believed to be reliable, but no warranty is given for its accuracy.
5. All engineering studies are assumed to be correct. The plot plans and illustrative material in this report are included only
to help the reader visualize the property.
6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more
or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be
required to discover them.
7. It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations
and laws unless the lack of compliance is stated, described, and considered in the appraisal report.
8. It is assumed that the property conforms to all applicable zoning and use regulations and restrictions unless a non-
conformity has been identified, described, and considered in this appraisal report.
9. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative
authority from any local, state, or national government or private entity or organization have been or can be obtained or
renewed for any use on which the opinion of value contained in this report is based.
10. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property
described and that there is no encroachment or trespass unless noted in the report.
11. Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the
property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in
the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as
asbestos, urea -formaldehyde foam insulation and other potentially hazardous materials may affect the value of the
property. The value estimated is predicated on the assumption that there is no such material on or in the property that
would cause a loss in value. No responsibility is assumed for such conditions or for any expertise or engineering
knowledge required to discover them. The intended user is urged to retain an expert in this field, if desired.
This appraisal report has been made with the following general limiting conditions.
1. If the subject is improved: Any allocation of the total value estimated in this report between the land and the
improvements applies only under the stated program of utilization. The separate values allocated to the land and buildings
must not be used in conjunction with any other appraisal and are invalid if so used.
-15-
2. Possession of this report, or a copy thereof, does not carry with it the right of publication.
3. The appraiser, by reason of this appraisal, is not required to give further consultation or testimony or to be in attendance
in court with reference to the property in question unless arrangements have been previously made.
4. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser,
or the firm with which the appraiser is connected) shall a disseminated to the public through advertising, public relations,
news, sales, or other media without the prior written consent of the appraiser
The following assumptions and limiting conditions may apply to this assignment:
1. Any opinions of valued provided in the report apply to the entire property, and any proration or division of the total into
fractional interests will invalidate the opinion of value, unless such proration or division of interests has been set forth in
the report.
2. In the case of proposed developments: If only preliminary plans and specifications were available for use in the
preparation of this appraisal; the analysis, therefore, is subject to a review of the final plans and specifications when
available.
3. In the case of proposed developments, and the assignment of values to a property at the completion of construction, all
proposed improvements are assumed to have been completed unless otherwise stipulated, so any construction is assumed
to conform with the building plans referenced in the reports.
4. In the case of improved property: The appraiser assumes that the reader or user of this report has been provided with
copies of available building plans and all leases and amendments, if any, that encumber the property.
5. If no legal description or survey was furnished, the appraiser used the county tax plat to ascertain the physical dimensions
and acreage of the property. Should a survey prove this information to be inaccurate, it may be necessary for this appraisal
to be adjusted. If a legal description has been provided, the appraiser is not responsible for the accuracy of the description.
The property appraised is assumed to be as delineated on county maps, as noted in this appraisal.
6. The forecasts, projections, or operating estimates contained herein are based on current market conditions, anticipated
short-term supply and demand factors, and a continued stable economy. These forecasts are, therefore, subject to changes
with future conditions.
7. If the subject is improved: The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraiser
has not made a specific compliance survey or analysis of any improvements on the property to determine whether or not
it is in conformity with the various detailed requirements of ADA. It is possible that a compliance survey of the property
and a detailed analysis of the requirements of the ADA would reveal that the property is not in compliance with one or
more of the requirements of the act. If so, this fact could have a negative impact upon the value of the property. Since
the appraiser has not direct evidence relating to this issue, possible noncompliance with the requirements of ADA was
not considered in estimating the value of the property.
-16-
APPRAISER'S CERTIFICATION
I certify that, to the best of my knowledge and belief:
♦ The statements of fact contained in this appraisal are true and correct;
♦ The reported analyses, opinions, and conclusions are limited only by the reported assumptions and
limiting conclusions, and are the personal, unbiased professional analyses, opinions, and conclusions
of the appraiser;
♦ The appraiser has no present or prospective interest in the property appraised, and no personal interest
or bias with respect to the parties involved;
♦ The compensation received by the appraiser for the appraisal is not contingent on the analyses,
opinions or conclusions reached or reported;
♦ The appraisal report was prepared in conformity with the Appraisal Foundation's Uniform Standards
for Professional Appraisal Practice (USPAP);
♦ The appraiser made a personal inspection of the property appraised and the property owner or his/her
designated representative was given the opportunity to accompany the appraiser on the property
inspection;
♦ Persons providing significant professional assistance to the appraiser in preparing this report are
identified herein;
♦ This appraisal has been made in conformity with the appropriate State and Federal laws and
requirements, and complies with the contract between the agency and the appraisers;
♦ I have not performed appraisal services regarding the property that is the subject of this report within
the past three years.
♦ I certify that the use of this report is subject to the requirements of the Appraisal Institute relating to
review by authorized representatives.
♦ As of the date of this report, I have completed the requirements under the continuing education
program of the Appraisal Institute.
Name: George A. Brooks
Washington State Certification # 1102323
Date Signed: February 28, 2017
-17-
Signature:.,.
ComPraise
425 Ericksen Avenue NE, Suite 215
Bainbridge Island, WA 98110
George A. Brooks
(206) 201-3557
Email: george@compraise.com
In September of 2015, George A. Brooks established the firm ComPraise. Prior to that he worked with
Stephen Shapiro Commercial Appraisal, LLC from 2011-2015
Mr. Brooks has held a variety of professional positions throughout his career, including environmental
engineer, hazardous waste engineer, environmental consultant, environmental manager and general
contractor. Prior to becoming a certified general appraiser he managed his own contracting company,
Sound Earth Services.
Mr. Brooks has a broad range of appraisal experience over a variety of property types including office and
industrial buildings, commercial land, residential subdivision property, natural resource and habitat land,
timberland and high-end estate homes. He has appraised numerous properties for conservation easements
as well as right of way acquisitions under eminent domain.
Mr. Brooks is licensed as a certified general real estate appraiser by the State of Washington (License no.
1102323). He has successfully completed the following courses approved by the State of Washington:
■ Basic Appraisal Principles
■ Basic Appraisal Procedures
■ Standards of Professional Appraisal Practice, Parts A and B
■ General Appraisal Market Analysis Highest and Best Use
■ General Appraisal Sales Comparison Approach
■ General Appraisal Site Valuation and Cost Approach
■ General Report Writing and Case Studies
■ Commercial Appraisal Review - Subject Matter Elective
■ General Appraisal Income Approach
■ Expert Witness for Commercial Appraisal - Subject Matter Electives
■ Statistics, Modeling and Finance
■ Uniform Appraisal Standards for Federal Land Acquisitions
■ Appraisal of Assisted Living Facilities
Education:
West Virginia University, M.S., Chemical Engineering, 1974; Virginia Military Institute, B.S. Civil
Engineering, 1973.
Mr. Brooks has performed appraisal services for a wide variety of clients, and a partial client list follows:
-1-
Municipal and Public
• City of Bainbridge Island
• WA State Department of Natural Resources
• WA State Department of Fish & Wildlife
• Kitsap County Dept. Parks and Recreation
• Kitsap County Department of Public Works
• Edmonds Park, Recreation & Cultural Services
• King Count Dept. Natural Resources & Parks
• City of Poulsbo
• Colville Confederated Tribes
• Jefferson County Environmental Health Department
• City of Gig Harbor
• Clallam County Public Works Department
• Jamestown S'Klallam Tribe
Private Companies
• Pope Resources, Inc.
• Green Diamond Resources Company
• Voyager Montessori Elementary School
• Fowler Creek LP
• The Pazooki Group
• Gary Merlin Construction Company
• Gray & Osborne, Inc.
• Northwest Investment Company
• Whidbey Institute
• Port Gardiner Processing, LLC
• Dock Street Bldg LLC
Banks
• Kitsap Bank
• Union Bank
• Parkside Financial Bank & Trust
• Financial Funding LLC
Conservation Organizations
• Trust For Public Land
• The Nature Conservancy
• Bainbridge Island Land Trust
• Forterra
• Great Peninsula Conservancy
• Whidbey Camano Land Trust
• Methow Conservancy
• Northwest Watershed Institute
• Capitol Land Trust
• Jefferson Land Trust
• Nisqually Land Trust
• North Olympic Land Trust
• Center for Natural Lands Management
• Heernet Environmental Foundation
• Northwest Rangeland Trust
• Chehalis River Basin Land Trust
• Coastal Watershed Institute
Law Firms
• Rodgers Deutsch & Turner
• Lee Smart, P.S., Inc.
• Williams & Williams PSC
• Law Office of Richard B. Shattuck
• Miller Nash LLP
• Skadden, Arps, Slate, Meagher & Flom LLC
-1-
Upon Recording, Please Return To:
Washington Recreation and Conservation Office
PO Box 40917
Olympia, WA 98504-0917
Attn: Mike Ramsey
DEED OF RIGHT TO USE LAND FOR
SALMON RECOVERY PURPOSES
Grantor: Jefferson County
Grantee: STATE OF WASHINGTON, acting by and through the WASHINGTON
STATE SALMON RECOVERY FUNDING BOARD and the WASHINGTON
STATE RECREATION AND CONSERVATION OFFICE, including any
successor agencies.
Abbreviated
Legal
Description: Lot 13 (RR R/W Only) 14 & 15 (All) Blk 4 Quilcene, Jefferson County, WA
(More particularly described in Exhibit "A" (Legal Description), and as
depicted in Exhibit "B" (Property Map)),
Assessor's Property Tax Parcel Number(s): 991 200 405
The Grantor enters this Deed for and in consideration of monies coming in whole or in part from
the General Fund Federal - Salmon Recovery Funding Board Account. Such grant is made
pursuant to the Project Agreements entered into between the Grantor and the Grantee entitled
Quilcene Acquisitions 2012, Project Number #12-1384C signed by the Grantor on the 22nd day
of April, 2013 and the Grantee the 25th day of April, 2013 and supporting materials which are on
file with the Grantor and the Grantee in connection with the Project Agreement.
The Grantor hereby conveys and grants to the Grantee as the representative of the people of the
State, the right to enforce the following duties: The Grantor shall take such reasonable and
feasible measures as are necessary to protect the Real Property as described in Exhibit A:
1. Legal Description, in perpetuity. Such measures shall be consistent with the purposes in
the Project Agreement, including protecting, preserving, restoring and/or enhancing the
habitat functions on the Real Property, which includes channel conditions, floodplain
conditions, loss of access to spawning and rearing habitat, riparian conditions, streambed
Page 1 of 7
sediment conditions, and water quality. This habitat supports or may support priority
species or groups of species including but not limited to coho, Chinook, chum, pink
salmon, steelhead, and cutthroat trout.
2. The Grantor shall allow public access to the Property as provided in the Project
Agreement. Such access shall be subject to the restrictions allowed under the Project
Agreement, by written agreement with the Grantee, or under state law. This provision is
not intended to prevent reasonable access or use restrictions that are necessary for safe
and effective management of the property consistent with salmon recovery purposes and
the Project Agreement.
3. The Grantor shall allow access by the Grantee to inspect the Real Property for
compliance with the terms of this Deed and the applicable Project Agreement to which
the Grantor is a signatory. Such access shall be subject to the restrictions, if any, allowed
under the Project Agreement, by written agreement with the Grantee, or under state
law.The Grantor warrants it has and shall maintain the legal right and means to reach the
property.
4. Without prior written consent by the Grantee or its successors, through an amendment to
the Project Agreement or the process set forth below, the Grantor shall not use or allow
any use of the Real Property (including any part of it) that is inconsistent with the salmon
recovery purposes herein granted and as stated in the Project Agreement. The Grantor
shall also not grant or suffer the creation of any property interest that is inconsistent with
the salmon recovery purposes herein granted and as stated in the Project Agreement.
Grantee's consent to an inconsistent use or property interest under this Deed 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: (1) the substitute
salmon recovery land must be of reasonably equivalent habitat qualities, characteristics
and location for the salmon recovery purposes as the Real Property prior to any
inconsistent use; (2) the substitute salmon recovery land must be of at least equal fair
market value to the Real Property at the time of Grantee's consent to the inconsistent use;
and (3) the fair market value of the Real Property at the time of the 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 Real Property from what it would be
without them.
For purposes of this Deed, the Project Agreement includes any amendments thereto that occurred
prior to or may occur subsequent to the execution of this Deed.
This Deed contains covenants running with the land and shall be binding upon the Grantor, its
successors and assigns, and upon any person acquiring the Property, or any portion thereof, or
Page 2 of 7
y/Q
any interest therein, including a leasehold interest, whether by operation of law or otherwise. If
the Grantor sells all or any portion of its interest, the new owner of the Property or any portion
thereof (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.
This Deed may not be removed or altered from the Real Property unless specific approval has
been granted by the Washington State Recreation and Conservation Office and/or the
Washington State Salmon Recovery Funding Board or its successors.
The Washington State Recreation and Conservation Office and the Salmon Recovery Funding
Board and/or its successors shall each have a separate and independent right to enforce the terms
of this Deed.
REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW
Page 3 of 7
y��
GRANTOR:
Jefferson County
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 (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledge it as the for the Sponsor,
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
Page 4 of 7
GRANTEE:
STATE OF WASHINGTON, acting by and through the SALMON RECOVERY
FUNDING BOARD, administered by the RECREATION AND CONSERVATION
OFFICE
BY: I�
Name: ;f q' -m- -T.- t`-'\J,nSo r1
Title:
Dated this S r day of 6t , 20_j,&
STATE OF WASHINGTON )
ss
COUNTY OF
I certifythat I know or have satisfactory evidence that sw�T Pun�W�
is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath state at ( e/ e) as authorized to execute the instrument and
acknowledge it as the �, �' for the Recreation and
Conservation Office and to be the fre6 and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated: T�et� I I -210ta
Signed:
Notary Public in and for the State of Washington,
residing in _ cvah -
My commission expires 1 't �'t l
Page 5 of 7
72
EXHIBIT A
Legal Description
Lots 14 and 15 and that portion of Lot 13 lying within the former railroad right of way in
Block 4 of "Quilcene", as per plat recorded in Volume 2 of Plats, page 33, records of
Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Assessors Parcel No. 991 200 405
The lands herein described contain an area of 0.34 acres, more or less.
Page 6 of 7
EXHIBIT B
Property Map
RCO project number: 12-1384AR
RCO project name: Quilcene Acquisitions 2012
Project sponsor: Jefferson County
Map created: December 1, 2016
LII`GE R LONGER RD.
Tx 6 S
O RD.)
Page 7 of 7
A
Upon Recording, Please Return To:
Washington Recreation and Conservation Office
PO Box 40917
Olympia, WA 98504-0917
Attn: Mike Ramsey
DEED OF RIGHT TO USE LAND FOR
SALMON RECOVERY PURPOSES
Grantor: Jefferson County
Grantee: STATE OF WASHINGTON, acting by and through the WASHINGTON
STATE SALMON RECOVERY FUNDING BOARD and the WASHINGTON
STATE RECREATION AND CONSERVATION OFFICE, including any
successor agencies.
Abbreviated
Legal
Description: Portion of Lot 34 and all of Lots 35, 36, 37, and 38 of Lazy C Ranch, Division
1, Jefferson County, Washington (More particularly described in Exhibit "A"
(Legal Description), and as depicted in Exhibit `B" (Property Map)),
Assessor's Property Tax Parcel Number(s): Ptn 966900033, 966900034, 966900035,
966900231, and 966900036
Reference Numbers of Documents Assigned or Released: AFN#s 525616 and 527389
The Grantor enters this Deed for and in consideration of monies coming in whole or in part from
the General Fund Federal - Salmon Recovery Funding Board Account. Such grant is made
pursuant to the Project Agreements entered into between the Grantor and the Grantee entitled
Dosewallips Floodplain Acquisition II, Project Number #06-2288A and signed by the Grantor on
the 12`" day of March, 2007 and the Grantee the I6th day of February, 2007 and supporting
materials which are on file with the Grantor and the Grantee in connection with the Project
Agreement.
The Grantor hereby conveys and grants to the Grantee as the representative of the people of the
State, the right to enforce the following duties:
1. The Grantor shall take such reasonable and feasible measures as are necessary to protect
the Real Property as described in Exhibit A: Legal Description, in perpetuity. Such
Page 1 of 7
y��
measures shall be consistent with the purposes in the Project Agreement, including
protecting, preserving, restoring and/or enhancing the habitat functions on the Real
Property, which includes channel conditions, floodplain conditions, loss of access to
spawning and rearing habitat, riparian conditions, streambed sediment conditions, and
water quality. This habitat supports or may support priority species or groups of species
including but not limited to coho, Chinook, chum, pink salmon, steelhead, and cutthroat
trout.
2. The Grantor shall allow public access to the Property as provided in the Project
Agreement. Such access shall be subject to the restrictions allowed under the Project
Agreement, by written agreement with the Grantee, or under state law. This provision is
not intended to prevent reasonable access or use restrictions that are necessary for safe
and effective management of the property consistent with salmon recovery purposes and
the Project Agreement.
3. The Grantor shall allow access by the Grantee to inspect the Real Property for
compliance with the terms of this Deed and the applicable Project Agreement to which
the Grantor is a signatory. Such access shall be subject to the restrictions, if any, allowed
under the Project Agreement, by written agreement with the Grantee, or under state
law.The Grantor warrants it has and shall maintain the legal right and means to reach the
property.
4. Without prior written consent by the Grantee or its successors, through an amendment to
the Project Agreement or the process set forth below, the Grantor shall not use or allow
any use of the Real Property (including any part of it) that is inconsistent with the salmon
recovery purposes herein granted and as stated in the Project Agreement. The Grantor
shall also not grant or suffer the creation of any property interest that is inconsistent with
the salmon recovery purposes herein granted and as stated in the Project Agreement.
Grantee's consent to an inconsistent use or property interest under this Deed 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: (1) the substitute
salmon recovery land must be of reasonably equivalent habitat qualities, characteristics
and location for the salmon recovery purposes as the Real Property prior to any
inconsistent use; (2) the substitute salmon recovery land must be of at least equal fair
market value to the Real Property at the time of Grantee's consent to the inconsistent use;
and (3) the fair market value of the Real Property at the time of the 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 Real Property from what it would be
without them.
Page 2 of 7
For purposes of this Deed, the Project Agreement includes any amendments thereto that occurred
prior to or may occur subsequent to the execution of this Deed.
This Deed contains covenants running with the land and shall be binding upon the Grantor, its
successors and assigns, and upon any person acquiring the Property, or any portion thereof, or
any interest therein, including a leasehold interest, whether by operation of law or otherwise. If
the Grantor sells all or any portion of its interest, the new owner of the Property or any portion
thereof (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.
This Deed may not be removed or altered from the Real Property unless specific approval has
been granted by the Washington State Recreation and Conservation Office and/or the
Washington State Salmon Recovery Funding Board or its successors.
The Washington State Recreation and Conservation Office and the Washington State Salmon
Recovery Funding Board and/or its successors shall each have a separate and independent right
to enforce the terms of this Deed.
REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW
Page 3 of 7
5��
GRANTOR:
Jefferson County
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 (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledge it as the for the Sponsor,
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
Page 4 of 7
g4�
GRANTEE:
STATE OF WASHINGTON, acting by and through THE WASHINGTON STATE
SALMON RECOVERY FUNDING BOARD, administered by the WASHINGTON
STATE RECREATION AND CONSERVATION OFFICE
0
Name: �"-T //4az1-7SO-\
Title:
Dated this ) 4�C' day of eu�,Lr , 201,,6_
STATE OF WASHINGTON )
COUNTY OF
I certify that I know or have satisfactory evidence that SCO�' ► GVMW �- is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath state at ( e/s e) auth rized to execute the instrument and
acknowledge it as the SAV for the Recreation and
Conservation Office and to be#e free hnd voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated: AyAwzy-l < W (&
Signed:
Notary Public in and for the State of Washington,
residing in - f nd� S
M, (44��
My commission expires —2 --le-'J'-/7
Page 5 of 7
5��
EXHIBIT A
Legal Description
Lots 35, 36, 37 and 38 of Lazy C Ranch, Division 1, as per plat recorded in Volume 5 of
Plats, page 9, records of Jefferson County, Washington.
Together with that portion of Lot 34 in the plat of Lazy C Ranch, Division 1, as per plat
recorded in Volume 5 of Plats, pages 9 through 11, inclusive, records of Jefferson
County, Washington, bounded as follows:
From the true point of beginning at the Northeasterly corner of said Lot 34 (which is a
common corner with Lot 35);
thence 1.3 feet Westerly along the boundary of said Lot 34;
thence Southerly to a point 17.3 feet West of a point lying South 37° 56' 40" East, 120
feet from the true point of beginning;
thence Easterly to that point lying South 37° 56' 40" East, 120 feet from the true point of
beginning;
thence along the common corner boundary line of Lots 34 and 35 to the true point of
beginning.
Situate in the County of Jefferson, State of Washington.
Page 6 of 7
EXHIBIT B
Property Map
RCO project number: 06-2288A
RCO project name: Dosewallips Floodplain Acquisition II
Project sponsor: Jefferson County Public Health
Map created: November 28, 2016
Page 7 of 7
s,a