HomeMy WebLinkAbout051517_cabs02CAB
615 Sheridan Street
Zf tl&on Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Public Healt
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Tami Pokorny, Environmental Specialist II
DATE: May 15, 2017
SUBJECT: Presentation: Possible Removal of Jefferson County, Grantee, from
Brown Dairy Agricultural Conservation Easement and RCO
Sponsorship Obligations
STATEMENT OF ISSUE:
Jefferson County Environmental Health (JCEH), in partnership with Jefferson Land Trust (JLT), requests
an opportunity to present information leading to the possible removal of the County, as Grantee, from the
Brown Dairy Agricultural Conservation Easement (AFN 548726).
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
The Brown Dairy Agricultural Conservation Easement is one of three held by Jefferson County, Grantee,
in partnership with Jefferson Land Trust (JLT) as Co -Grantee (the property is now operated as Finnriver
Orchard).
The easement was acquired in 2009 when the RCO WA State Farmlands Preservation Account required
the involvement of a public entity. Since that time, the requirement for a public entity has been withdrawn
and JLT is eligible to hold sole title to the easement and act as sole project sponsor of the associated grant
agreement with RCO.
Removal of Jefferson County from easement and sponsorship obligations would simplify the ongoing
stewardship, administration and enforcement of the easement by JLT in a number of important and cost-
saving ways. Should the County wish to proceed, it would involve approval of an Amendment to Project
Agreement (RCO 08-1214C) and a Quitclaim Deed to divest the County of its interests.
FISCAL IWACT/COST BENEFIT ANALYSIS:
There is no fiscal impact to the county's General Fund for this presentation.
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
RECOMMENDATION:
Review the letter from JLT, the Agricultural Conservation Easement, draft Quitclaim Deed and
Amendment to Project Agreement. Discuss, ask questions and consider next steps.
REVIEWED BY:
Philip Morley, Cou Admntts
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
JEFFERSON LAND TRUST
Helping the community preserve open space, working lands and habitat forever
1033 Lawrence Street, Port Townsend, WA 98368
360-379-9501—office 360-379-9897—fax
www.saveland.org jeffersonlandtrust@saveland.org
Jefferson County Commissioners
C/0 Tami Pokorny
Jefferson County Environmental Health
615 Sheridan Street
Port Townsend, WA 98368
May 8, 2017
Commissioners,
This letter is in regards to a conservation easement that Gloria Brown granted on her approximately
50 -acre Chimacum Dairy property (Assessors's Tax Parcel Numbers: 901 151 004; 901 142 047; 901
142 042) to Jefferson County (Grantee) and Jefferson Land Trust (Co -Grantee) on December 22, 2009
(recorded under AFN 548726). The property has since been sold to a new owner, who has leased the
property to an agricultural producer.
This is one of three agricultural conservation easements that the county holds as Grantee, with
Jefferson Land Trust as Co -Grantee. These three agricultural conservation easements were acquired
in part using funding awarded through the WA State Farmlands Preservation Account, which at the
time required a public entity be the grant applicant and sponsor, and required that they be included
as a Grantee of the conservation easement. Recognizing this, and the importance of these projects,
the county chose to partner with Jefferson Land Trust and act as the grant applicant, grant sponsor,
and conservation easement Grantee. The requirement to involve a public entity has since been
removed from the funding program, and therefore it is no longer necessary for the county to hold
this liability or responsibility as Grantee.
With the removal of this requirement for public entity participation, the Land Trust has considered
requesting that the county be removed from these easements for some time, in order to simplify the
ongoing stewardship and administration of them. These are the only three conservation easements
we hold as a Co -Grantee, and they present an additional administrative burden to our stewardship
efforts.
Holding a conservation easement is an obligation to defend and enforce its purpose and terms, and a
responsibility to develop relationships with and work directly with the landowners related to the
management of their lands. Jefferson Land Trust currently holds 57 conservation easements across
the county, and has several staff and volunteers involved in the stewardship of these interests.
Working with the landowners throughout the year, we respond to inquiries and requests related to
the specific terms of the conservation easements. We recognize that the county generously
partnered with the Land Trust on the acquisition of these conservation easements even though the
county does not have a conservation easement program, and the ongoing administrative and
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Jefferson Land Trust is a 501 (c) (3) non profit, tax-exempt, private corporation.
Printed on recycled paper
relationship work involved in the stewardship of these easements is not something the county is
organized to manage necessarily. In the case of these three agricultural conservation easements with
the county as Grantee and the Land Trust as Co -Grantee, notification and consent for certain
activities on the protected lands sometimes requires both the county and the Land Trust response.
Removing the county as Grantee can reduce the duplicative administrative burden of the
conservation easements for the Land Trust, the landowner, now and into the future.
We believe now is an appropriate time to request that the county be removed from the Chimacum
Dairy agricultural conservation easement specifically, because the owner and lessee of the protected
Chimacum Dairy property have requested an amendment to the conservation easement. Jefferson
Land Trust has reviewed the amendment request in detail, and has determined that the request is
consistent with our strict amendment policy. We are now in the process of drafting and reviewing an
Amended and Restated Agricultural Conservation Easement, which involves significant administrative
and legal review time.
If the county agrees that it no longer needs to be involved in this conservation easement, RCO
requires that a 'change of sponsorship' form be signed. As the original applicant for the farmland
preservation funding grant, the county became the grant agreement sponsor when the grant was
awarded, and with the removal of the county from the conservation easement, RCO requires that the
sponsor of the original grant agreement be changed to Jefferson Land Trust.
We also suspect that a Quit Claim Deed will be an appropriate instrument for removing any rights the
county holds associated with the original conservation easement.
Therefore, we seek review and approval of the enclosed 'change of sponsorship' form from RCO,
transferring grant agreement responsibility to Jefferson Land Trust. We also request review and
approval of the enclosed Quit Claim Deed.
These steps will help shift the administrative responsibility and burden of this perpetual conservation
easement solely to Jefferson Land Trust, helping to simplify future stewardship obligations, while still
retaining the protection facilitated by the county's involvement in the acquisition.
Erik Kingfisher
Stewardship Director
Jefferson Land Trust
Jefferson Land Trust
1033 Lawrence Street
Port Townsend, WA 98368
(360)379-9501
QUITCLAIM DEED
Grantor: Jefferson County
Grantee: Jefferson Land Trust
Reference No(s).:
Tax Parcel No(s) 901 151004; 901 142 047; 901 142 042
Legal Description (Abbreviated): Plus GL4 & RS Robinson DLC 14-29-1W
Jefferson County (`Grantor"), relinquishes any right associated with an Agricultural
Conservation Easement on the following described real estate situated in the County of Jefferson,
State of Washington, as referenced in the Agricultural Conservation Easement recorded under
Auditor's number 548726, to Jefferson Land Trust (`Grantee"):
Parcel A
That portion of Government Lot 4, Section 14, Township 29 North, Range 1 West, W.M., and a
portion of the Robinson D.L.C. described as follows:
Commencing at the Northeast comer of said D.L.C. the True Point of Beginning;
thence the North 1/4 of said Section 14 bears North 16°14'07" East a distance of 909.18 feet;
thence North 88°3227" West along the North line of said D.L.C. 1016.00 feet;
thence South 1°2733" West 88.20 feet;
hence North 87°44'02" West 300.00 feet;
thence North 1°27'33" East 83.98 feet to the North line of said D.L.C.;
thence North 88°32'27" West along said North line 85.85 feet to the centerline of the Chimacum
Creek Irrigation Ditch;
thence along said centerline to the North line of the South 1386 feet of said D.L.C.;
thence South 88°05'24" to the East line of said D.L.C.;
thence North 1° 3632" East along said East line 1276.46 feet to the True Point of Beginning.
Parcel B:
Those portions of the R.S. Robinson Donation Land Claim No. 40 situated in the West Y2 of
Section 14, Township 29 North, Range 1 West, W.M., Jefferson County, Washington, described as
follows:
Commencing at the Southwest corner of said Section 14, Township 29 North, Range 1 West, W.M.,
being a concrete monument, from which the Northwest comer of said Section 14, being a 2" diameter
brass disk set in concrete and encased in an aluminum monument case in Lillian Street, bears North 1°
35'46" East, 5335.14 feet distance,
thence North 1° 35'46" East along the West line thereof, 1772.98 feet to the South line of said
Robinson Donation Land Clam No. 40;
thence South 88° 05'49" East, along the South line thereof, a distance of 615.57 feet to a point on said
South line and intersecting the center thread of Chimacum Creek;
thence North 16° 17'08" East, along said center thread of Chimacum Creek, a distance of 120.60 feet;
thence North 21° 23' 41" East, along said center thread, a distance of 113.69 feet;
thence North 48° 46' 08" East, along said center thread, a distance of 585.64 feet;
thence North 41° 24' 12" East, along said center thread, a distance of 106.38 feet to the Point of
Beginning; thence North 36° 33 '36" East, along said center thread, a distance of 160.22 feet;
thence North 23° 26' 50" East, along said center thread, a distance of 430.97 feet;
thence North 03° 50' 21" East, along said center thread, a distance of 146.92 feet;
thence of Jefferson County Road No. 18, said road also known as the Center to Chimacum Highway;
thence, South 01 °31 '23" West, along said Westerly margin, a distance of 789.51 feet;
thence departing said margin, North 820 55' 56" West along the centerline of an existing gravel road, a
distance of 1000.87 feet;
thence North 87° 58' 17" West, along said center line, a distance of 150.31 feet;
LM
thence North 64° 21'31" West, along said center line, a distance of 48.64 feet to the Point of
Beginning;
Parcel C:
That portion of Government Lot 4, Section 14, Township 29 North, Range 1 West, W.M., Jefferson
County, Washington, being more particularly described as follows:
Commencing at the Northeast corner of Robinson's Donation Land Claim;
thence North 88° 35'24" West, along the North line of said Robinson's Donation Land Claim for a
distance of 345 feet to the Point of Beginning;
thence North 88° 35'24" West 42.57 feet;
thence North 01° 24' 36" East 132.07 feet;
thence South 88° 35'24" East 2.05 feet;
thence North 01° 24'36" East 101.61 feet to the Southerly right-of-way of Rhody Drive;
thence Southeasterly along said right-of-way along a curve to the right having a radial bearing of
South 16°51'46" West, a central angle of 03°31'44",and a radius of 691.18 feet, for a distance of
42.57 feet;
thence South 01 °26'37" West 221.08 feet to the Point of Beginning.
Excepting therefrom that portion conveyed to Jefferson County Fire District #1 under deed recorded
August 14, 2009 under Auditor's File No. 545826, records of Jefferson County Washington.
All Situate in the County of Jefferson, State of Washington
Chair, Board of County Commissioners
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON)
On this day of , 2017, before me personally appeared
Kathleen Kler, to me known to be the Chair of The Board of County Commissioners of Jefferson
County, a political subdivision of the State of Washington, and she acknowledged the within and
foregoing instrument as the free and voluntary act and deed of said party, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to sign said instrument by
the Board of Commissioners of said party.
Notary signature
Notary name printed or typed
NOTARY PUBLIC, State of Washington
Residing at:
WASHINGTON STATE
Recreation and
Conservation Office Amendment to Project Agreement
Project Sponsor: Jefferson County
Project Title: Brown Dairy
Amendment Type:
Project Sponsor Change
Amendment Description:
Project Number: 08-1214C
Amendment Number: 2
In response to a request from Jefferson County and the Jefferson Land Trust, this
amendment changes the sponsor on the agreement to the Jefferson Land Trust and
removes Jefferson County from the agreement. The long-term obligations of the agreement
are transferred to the Jefferson Land Trust.
Agreement Terms
In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall
remain in full force and effect. In witness whereof the parties hereto have executed this Amendment.
State Of Washington Project Sponsor
Recreation and Conservation Office
EXISTING
AGENCY:
BY:
Kaleen Cottingham
TITLE: Director
DATE:
Pre -approved as to form:
BY: /S/
Assistant Attorney General
BY:
TITLE:
DATE:
NEW
AGENCY:
BY:
TITLE:
DATE:
WWRP Project Project Sponsor Change Amendment
Farmland Preservation Account RCW 79A.15, WAC 286
AMENAGR2.RPT
548726 PGS:38 EASE
12/22/2009 04:09 PM $99.00 FIRST AMERICAN TITLE
Jefferson County WA Auditor's office - Donna Eldridge, Auditor
milli
AFTER RECORDING RETURN TO:
Jefferson Land Trust
1033 Lawrence Street
Port Townsend WA 98368
Jefferson County Excise lax
Aff # __tl3 3 33 0 _Date -aa -aoo9
00
LH Tax $ ��7 "—'o Safes Al
By ep r asurer
Grantor: GLORIA BROWN O
Grantee: JEFFERSON COUNTY
Co -Grantee: JEFFERSON LAND TRUST
Abbreviated Legal Descriptions: Ptns GI -4 & RS Robinson D 14- 9 -
Assessor's Tax Parcel Number: 901 151 004; 901 142 047; 9"1142
AGRICULTURAL CONSERV T ON E MENT
THIS AGRICULTURAL CONSERVATION EASEME is e y and between: GLORIA
BROWN, dealing with her separate propert4ddy
surviving se of Basil Gene (B G) Brown
(herein referred to as "Grantor"), whose a65 Rhody Drive, Chimacum WA
98325; JEFFERSON COUNTY, a politicaof the State of Washington
("Grantee"), with a mailing address of Po220, Port Townsend WA 98368; and
JEFFERSON LAND TRUST, a Washingt orporation ("Co -Grantee"), with a
mailing address and registered o!i e t 1ce Street, Port Townsend WA 98368,
(collectively, the "Parties"). The foil in beneficiary ("Beneficiary") has certain
rights hereunder, including third part ri ment: The State of Washington, by and
through the Washington State R r io Conservation Office ("RCO").
O I. ECITALS
A. Grantor is the sol ner in a ple of certain real property (the "Property") located in
Jefferson County, s to mo particularly described in Exhibit A (Legal Description)
and shown on Exhi it Site a ), which are attached to this instrument and incorporated
herein by this refere Pr perty is comprised of approximately 50 acres in 3 tax
parcels and is co nnonly o n as "Chimacum Dairy".
B. The Property h s b eri in continuous agricultural use since the 1850's and possesses
significant c ura r source, and habitat values of great importance to Grantor, Grantee,
Co -Grant he eople of Jefferson County, and the people of the State of Washington
(collect' I , " s rvation Values"). The Conservation Values include: agricultural
o cti ' ime, unique, and important agricultural soils of regional and State-wide
imp a e; ' ting and potential economic productivity; and the viability of the site for
Contin d gricultural production, based on its farm -to -market access, proximity to roads and
u ' 'ties, is oric structures, water availability, and drainage. The Property is also identified by
�e�fe on ounty as being in a critical aquifer recharge zone.
548726 Page 2 of 38 12/22/200904:09 PM
C. The Property also possesses significant fish and wildlife habitat values of great
importance to Grantor, Grantee, Co -Grantee, the people of Jefferson County, and the people
of the State of Washington (collectively, "Habitat Values"). The Habitat Values include
riparian habitat associated with Chimacum Creek that contains, and will support the
enhancement of, features that afford safe passage and suitable habitat for salmon and other
species of fish. A buffer area 35 feet in width measured from the bank of Chimacum Creek
(the "Riparian Habitat Conservation Zone") has been or will be surveyed and will be more
specifically described in the Baseline Documentation. No agricultural producti�use is
allowed in the Riparian Habitat Conservation Zone.
D. The Property consists primarily of farmland [as defined in RCW 79A. 17hTis
O he
soils within the Property, the San Juan gravelly sandy loam is classifi tht o
Washington as a soil of statewide significance, and the Belfast silt I and silt
loam are classified as prime farmland soils by the United States Dep m Agriculture
Natural Resources Conservation Service.
E. The specific Conservation Values and Habitat Valuesthe P y are further
documented in an inventory of its relevant features (t e " seli Do mentation"), on file at
the offices of Grantee and incorporated herein by this eferen. The Baseline
Documentation consists of a report, an appraisal, m p photo r phs, and other
documentation that Grantor and Grantee agree accu to c bes and depicts the state of
the Property, including without limitation the eas use icultural Activities, as defined
herein, at the time of this grant, and which i ended to serve as an objective information
baseline for monitoring compliance with the ter s this grant; the approval of the Baseline
Documentation by Grantor is indicated by or si ing of the Baseline Documentation.
Within three months of the date of this ins r n , c (lection of additional Baseline
Documentation may be compiled bra pr ed in writing by Grantor, and
incorporated into the Easement by i fern Failure to timely compile the additional
Baseline Documentation shall not affe th rceability or this Easement or any of its
provisions. The Baseline Docum to on be used to establish that a change in the use
or condition of the Property has c urr , ut its existence shall not preclude the use of other
evidence to establish the o iti roperty as of the date of this Easement. Grantee
may use the Baseline o u e ti enforcing provisions of this Easement, but is not
limited to the use of tai s li umentation to show a change in the use or condition of
the Property.
F. Permanent prote i n the'P"roperty will further the purposes of the Washington State
Farmlands Prese n cc nt ("FPA") established under RCW 79A.15.130(1), which
providesthat m n a ro riated to the FPA "must be distributed for the acquisition and
preservation of fa mla d in order to maintain the opportunity for agricultural activity upon
these lands." T I ' I ively declared policies of the State of Washington in the Washington
State Op Sp a Act, Chapter 84.34 RCW ("OSTA"), provide that "it is in the best
interest he t to maintain, preserve, conserve, and otherwise continue in existence
e a o n sp ce lands for the production of food, fiber and forest crop, and to assure
th s n n yment of natural resources and scenic beauty for the economic and social
well b ' g f the state and its citizens." Under OSTA, lands eligible for preferential real
Property a treatment include lands such as the subject Property where preservation in its
AGRICULTURAL CONSERVATION EASEMENT
Page 2
548726 Page 3 of 38 12/22/200904:09 PM
present use would conserve and enhance natural resources and promote conservation of
soils. Pursuant to this legislative directive, Jefferson County has adopted Ordinance No.09-
1203-03, that recognizes the importance of the following resources that occur on the
Property: presence of prime agricultural soil on a significant portion of the parcel, historic
usage for agriculture, and physically and topographically suitable for the practice of
commercial agriculture.
G. This Easement is acquired in part with a grant from the Recreation and Cos ation
Office, an agency of the State of Washington ("RCO"), pursuant to grant agreert e t
#08-1214C between RCO and Grantee, dated July 9, 2009 ("RCO Grant re n "). RCO
has provided 50% of the purchase price of this Easement. RCO is a third -part:
ly e i iary of
certain rights under this Easement. —7
H. This Easement is acquired in part with a grant from the Jefferson uhty' nservation
Futures Fund. Jefferson County has provided 41 % of the purch se r e t ' Easement.
Jefferson County is the holder of rights under this Easement a ran her ' .
I. The remainder of the Easement acquisitioncost w ide erson Land Trust as a
result of a community fundraising effort organized a d admini a ed by Jefferson Land Trust.
Jefferson Land Trust has provided 9% of the purcha a rice o t is Easement. Jefferson
Land Trust is the holder of rights under this Easemen s r ntee herein.
J. Co -Grantee is a Washington nonprofit na a nservancy corporation authorized to
acquire and hold conservation easement intere s der RCW 64.04.130 and RCW
84.34.210.
K. The Parties agree that, in order a6tairi portunity for agricultural activity upon
the Property pursuant to RCW 79A (1 , i i appropriate to include in this Easement
any and all adjudicated and unadjudica d er rights, whether appropriative or riparian,
including but not limited to ditche di c r' hts, springs and spring rights, reservoir and
reservoir rights, wells and roun ater ig ts, water allotments, units or shares,
memberships, shares, or t re e ater from any water company, ditch company, or
irrigation district, permi s, c 'fi to , claims under RCW Chapter 90.14, and any other
types of rights relate t e o r ip of water, appurtenant to or customarily or historically
used or associate w' up th roperty, including but not limited to those specifically
described in Exhibi a ' hts), which is attached to this instrument and incorporated
herein by this refere (c lecti ely, the "Water Rights"). For purposes of this Easement, the
Water Rights shin u any and all of the rights associated with the historical and
beneficial use f t e embankments, flumes, headgates, measuring devices or any
other structure t t ar ppurtenant to those water rights, together with all easements and
rights of war the.
L. The es i e that the Conservation Values and Habitat Values be preserved and
ai in i erpetuity by permitting only those land uses on the Property that do not impair
or i e e he Conservation Values or Habitat Values. It is the specific intent of the
arties ha this Easement give priority to the conservation of land and resources within the
P erty fo agriculture.
AGRICULTURAL CONSERVATION EASEMENT
Page 3
548726 Page 4 of 38 12/22/200904:09 PM
M. Grantor, as owner of the Property, has the right to protect and preserve the Conservation
Values and Habitat Values, and desires and intends to transfer such rights to Grantee in
perpetuity.
II. CONVEYANCE & CONSIDERATION
A. In consideration of a cash payment received from Grantee, the receipt and quacy of
which is hereby acknowledged by Grantor, and in further consideration of the fo a oing
recitals and the terms, conditions, restrictions, and mutual covenants set f rth ' i
instrument, and pursuant to the common law and the laws of the State as ' on,
particularly Sections 64.04.130 and 84.34.210 of the Revised Code of i ton, r ntor
hereby grants and conveys to Grantee a Conservation Easement (" s me t") in g ss in
perpetuity over the Property, consisting of certain rights in the Prope a e inafter
enumerated in this Easement, subject only to the restrictions se orth a in d title matters
set forth in Exhibit D (Permitted Exceptions), which is incorpor t d h e b s reference.
B. This conveyance is a conveyance of an interest i
RCW 64.04.130.
C. Grantor expressly intends that this Easement run ii
shall be binding upon Grantor's, Grantee's, a�yd C -Gra
perpetuity.
D. Nothing in this Easement shall be c
access to the Property.
0
A. Purpose. The purpose of this
Property forever and prevent an
Conservation Values("Pu p� e'
agricultural activity upo e r
protection of Habitat lu s s
activity upon the Pr t i
Values by preventi us o
Values, including wi t ' ita
livestock.
the provisions of
rid and that this Easement
uccessors and assigns in
ing to the general public physical
ase eno protect the Conservation Values of the
se o t e Property that will impair or interfere with its
:h y permanently maintaining the opportunity for
suant to RCW 79A. 1 5.130(l). To the extent that the
stent with maintaining the opportunity for agricultural
n/the Purpose of this Easement to protect such Habitat
e Property that will impair or interfere with its Habitat
, access to the Riparian Habitat Conservation Zone by
B. Stewardshi P n.further the Purpose of this Easement, the Parties shall develop a
plan for ste r hi the Property (the "Stewardship Plan"), including without limitation, the
manage r to ion, or enhancement of the riparian corridor associated with Chimacum
Creek.
C. to rties intend that this Easement be interpreted in a manner consistent with its
Purpo t confine Grantor's use of the Property to such activities that are consistent with
t Purp s and terms of this Easement. At the same time, the Parties intend, and this
AGRICULTURAL CONSERVATION EASEMENT
Page 4
548726 Page 5 of 38 12/22/200904:09 PM
Easement is structured, to give Grantor flexibility and discretion to undertake activities that
are consistent with the Purpose and terms of this Easement.
D. The Parties acknowledge that, except as specifically provided herein, Grantor does not
grant, expand, or extend any rights to the general public through this Easement, including
without limitation, any rights of public access to, on or across, or public use of, the Property.
IV. RIGHTS CONVEYED TO GRANTEE & CO -GRANTEE
A. To accomplish the Purpose of this Easement, the following rights are h re n eyed to
Grantee and Co -Grantee:
1. Grantee and Co -Grantee shall have the right to identify, prot res e, M=aintain,
and conserve in perpetuity and to enhance, restore, or impro b al agreement
the Conservation Values and Habitat Values of the Prop y.
2. As provided for and limited herein, Grantor hereby gra tsJoG�a tee sonable and
non-exclusive access at reasonable times acro" e oo"rt s lely for the purposes
of fulfilling Grantee's obligations under this Easement a ex ising its affirmative
rights under this Easement. Specifically, Gr,Ubtimes
ve the right:
a. To enter upon, inspect, observe, and stuy, with such persons as
Grantee may require, at mutually agree aand upon reasonable
prior notice to the Grantor, for the urpoing the current uses and
practices on the Property and th co ition of the Property, and (ii) monitoring the
uses and activities on the Property d rmine whether they are consistent with
this Easement.
b. To enter upon the Property, at to reeable date and time and upon prior
notice to Grantor, to ins t th after major natural events occur, such
as fires, windstorms, an S.
c. To enter upon the Propert s h er times as are necessary if there is reason
to believe that a violaf n the ement is occurring, for the purposes of
enforcing the provisi n of t is Easement. Prior to entry, Grantee must provide
Grantor notice d s t e basis of the reasonable belief that a violation is
occurring o t e ro
d. Grantee s II x rc' e i access rights in compliance with applicable law and in a
manner h t i I n m rially disturb or interfere with Grantor's reserved rights,
any oth r pe on la ul use of the Property, or Grantor's quiet enjoyment of the
Property.
e. Grant ll t reasonably withhold or delay its consent to dates and times of
access-=Wse by Grantee.
3. Gra or er4b ants to Grantee all development rights except as specifically
re e e e n, and the Parties agree that such rights may not be used on or
sfe ff the Property as it now or hereafter may be bounded or described, or to
er roperty adjacent or otherwise, or (except as expressly permitted herein)
se o the purpose of calculating permissible lot yield or density of the Property or
�n other property.
AGRICULTURAL CONSERVATION EASEMENT
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548726 Page 6 of 38 12/22/200904:09 PM
4. Grantee shall have the right to prevent, or cause Grantor to prevent, any use of, or
activity on, the Property that is inconsistent with the Purpose and terms of this
Easement, including trespasses by members of the public, and shall have the right to
undertake or cause to be undertaken the restoration of such areas or features of the
Property as may be materially damaged by activities contrary to the provisions hereof,
all in accordance with Section IX.
5. Grantee shall have the right to enforce the terms of this Easement, in accordance
with Sections VIII and IX.
6. Grantee shall have the right to assign, convey, or otherwise transfer Gr t e's
interest in the Property in accordance with Section XIII.
7. Grantee shall have the right to erect and maintain a sign or other r to arker
on the Property, visible from a public road, bearing information 1 ' a' g th t e
Property is protected by this Easement and held by Grantee a si n hal so
name the funding sources for the acquisition of the Easemen t ent required
by the funding sources. The location and design of the 'gn s e termined by
mutual consent of Grantor and Grantee, which consent s all of be Unreasonably
withheld. The wording of the information shall be ter i d rantee, but shall
clearly indicate that the Property is privately o n and t o n to the public.
Grantee shall be responsible for the costs of er cting maintaining such signor
marker.
8. Grantee shall have the right, but not the oblig io re t and maintain fencing
along the entire length of the Riparian Habitat C tion Zone for the purpose of
preventing livestock from having ac ss all or any portion of the Riparian Habitat
Conservation Zone or Chimacum Cree .
9. To accomplish the Purpose of this t, a rights conveyed to Grantee by this
Section IV are also conveyed to C - n b this Easement. The limitations
imposed by this Section IVGr n cise of such rights shall also apply to
Co -Grantee's exercise of sUcb� iahts.
V. PEAMITTED USES & ACTIVITIES
A. Grantor reserves for ar t r Oiis successors and assigns, any and all rights not
otherwise conveyed to nee n�o-G rantee under this Easement and any and all uses
of, or activities on, th r ha re not inconsistent with the Purpose and terms of this
Easement, and th e t hib' d herein. Without limiting the generality of the foregoing,
Grantor specificall re e e or rantor and Grantor's successors and assigns the following
uses and activities, 'ch hall a considered permitted uses and activities under the
Easement.
B. Grantor ma a gag i , and allow others to engage in, Agricultural Activities (as defined
below) on th P p s further provided for and limited in this Section and in Section VI.
1. se he in, "Agricultural Activities" shall mean the commercial production of
rti Itur , viticultural, floricultural, dairy, apiary, vegetable, or animal products,
cl in but not limited to crops commonly found in the community surrounding the
r e y, field crops, fruits, vegetables, horticultural specialties, livestock or livestock
\ p o ucts, or the commercial production of berries, grain, hay, straw, turf, seed, or
AGRICULTURAL CONSERVATION EASEMENT
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548726 Page 7 of 38 12/22/200904:09 PM
Christmas trees not subject to the excise tax imposed by RCW 84.33. 100 through
84.33.140, and all conditions and activities occurring on a farm in connection with
such commercial production, including without limitation, marketed produce or
creamery products at roadside stands or farm markets; noise; odors; dust; fumes;
operation of machinery and irrigation pumps; movement, including without limitation,
use of current county road ditches, streams, rivers, canals, and drains, and use of
water for agricultural purposes; ground and aerial application of seed, fertilizers,
conditioners, and plant protection products; employment and use of la o ; roadway
movement of equipment and livestock; protection from damage by wildli revention
of trespass; and construction and maintenance of buildings, fence ro b idges,
ponds, drains, waterways, and similar features and maintenanc tr a s and
watercourses.
2. Agricultural Activities shall also include such "Accessory Us s d i ed i CW
36.70A.177(3)(b), that are related to the permitted Agricultura c ' ' on the
Property, that maintain the primacy of, and are subordin a to, ar land character
and use of the Property, that are compatible with the C "ervati n es, and that
provide supplemental income. Such Accessory c J d the installation,
construction, expansion, enlargement, maint a , rep r acement, or
decommissioning of a structure to be used f r e mar ng of products generated by
Agricultural Activities on the Property.
3. All Agricultural Activities shall be carried out i ac n e with applicable law and in
compliance with the Purpose and ter s of this nt. Grantor retains discretion
over the specific character and cont t the agricultural management decisions and
agricultural practices necessary to iden ' otect, preserve, maintain, and conserve
in perpetuity and to enhance, restor i o the Conservation Values consistent
with the Purpose and terms of this �m t.
C. Grantor may engage in, and allo� t rs oL�n age in, any activity to monitor, protect, and
maintain the Conservation Values and b' alues, including without limitation, habitat
restoration, enhancement, and m n em e t ctivities ("Habitat Activities"), pursuant to and
in accordance with any Steward h' PI n overing the Property agreed upon by the parties
to the Stewardship Plan. II b at i ies on the Property shall be carried out in
accordance with appli w mpliance with the Purpose and terms of this
Easement.
D. Grantor may m ' i , re ir, eplace, or decommission structures, houses, barns, water -
pollution -control fac' t' s, ater mpoundments, fences, corrals, roads, ditches, sloughs,
pumps, levees, a e e anent improvements ("Improvements") existing on the
Property as of t e 've ate of this Easement, provided that such activities related to
'
existing Irri o en a e carried out in compliance with the Purpose and terms of this
Easement, I in impervious surface limitations provided for in Section VI.C. Such
Improve e s a ' clude utility systems that support the Improvements such as electric
power I' se tic ystems, water storage and delivery systems, telephone and
u ' a ' ca le systems and the like.
E. Wi in a building envelope shown on Exhibit B herein, Grantor may construct additional
I rove nts not existing as of the Effective Date of this Easement and may construct
AGRICULTURAL CONSERVATION EASEMENT
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expansions or enlargements of Improvements existing on the Property as of the Effective
Date of this Easement in compliance with the Purpose and terms of this Easement, subject
to the impervious surface limitations and restrictions on new Improvements provided for in
Section VI.0 and VI.D.
F. Grantor reserves the right to use, maintain, repair, expand, reconstruct, or replace the
existing single-family dwelling unit within the five acre building envelope, as shown on Exhibit
B herein, and the right to install, build, or construct, expand, enlarge, maintain*air,
air,
replace, or decommission one additional accessory dwelling unit within such b 'I' g
envelope, subject to the impervious surface limitations and restrictions on e r vements
provided for in Section VI.0 and VI. D, for the sole purpose of accommo ng nto and
Grantor's successors in interest to the Property, the farm operator, or m' ies o s ch
persons, or for accommodating agricultural employees of the owner per to an eir
families. No more than two permanent dwelling units in total will be r tl ithin the
Property under any circumstances, and no permanent dwelling I e ated outside
the building envelope identified herein. Temporary seasonal a c m do or farm
workers are not considered to be permanent dwelling un' an st a located within the
five acre building envelope identified herein.
G. The Parties agree that the Water Rights must be m intaine n the Property to ensure the
protection of the Conservation Values and Habitat V ue nor may exercise the Water
Rights by putting them to any beneficial use t at is not i tent with the Purpose and
terms of this Easement, and that is not proh' it herein. Grantor may maintain, repair, and if
destroyed, reconstruct any existing facilities re in to the Water Rights (such as ditches,
wells, and reservoirs) with notice to GrantF77� - ntee as provided for in Section VII,
provided that such activities are carried o Ii ce with the Purpose and terms of this
Easement. O
H.Grantor may engage in, and allow o e t6-efigage in, recreational or educational
activities on the Property. Recrea 'on us a limited to uses such as hiking, horseback
riding, and other forms of recrea io th not require site modification to accommodate
motorized, mechanical, o ee ctr ni a sories. All forms of developed recreation or
recreation that adverse a h servation Values or Habitat Values are prohibited.
All recreational and ed c i ac ' ities on the Property shall be carried out in compliance
with the Purpose a d e s this asement, and in a manner that maintains the primacy of,
and remains subor in t to, a rmland character and use of the Property.
I. Grantor may un kb activities that are necessary to protect health or safety or
prevent signific yi1 amage on the Property or are required by and subject to
compulsion of n gov r mental agency; provided, however, that Grantor shall first
reasonably atte p n tify Grantee and Co -Grantee prior to taking such action. If Grantee
and Co -G ante c t provide consent, with or without conditions, within such time as is
reason un r e circumstances, Grantor may proceed with such action without consent.
AGRICULTURAL CONSERVATION EASEMENT
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VI. PROHIBITED USES & RESTRICTION ON PERMITTED USES
A. Any use of, or activity on, the Property inconsistent with the Purpose or other terms of the
Easement is prohibited, and Grantor acknowledges and agrees that it will not conduct,
engage in, or permit any such use or activity. Without limiting the generality of the preceding
sentence, the following uses of, or activities on, the Property are either (i) inconsistent with
the Conservation Values or Habitat Values and Purpose of this Easement and prohibited
herein or (ii) limited as provided herein to make such uses or activities consisten with the
Conservation Values, Habitat Values, and Purpose of this Easement:
1. Grantor shall not convert the Property to industrial or suburban/r en
development or to any other use that is incompatible with mai g e opportunity
for agricultural activity on the Property.
2. Grantor shall not subdivide the Property, either legally or in a e o" manner,
which shall include, but not be limited to, any subdivisio , sho s di ' ion, platting,
binding site plan, testamentary division, or other proce s �y w�ii th roperty is
divided into lots. `t
3. Grantor shall not conduct, engage in, or per ' t om rci mining or commercial
extraction of soil, sand, gravel, oil, natural g s, uel, or other mineral substance,
using any surface mining method. Grantor s a not alt r he surface of the land,
including, without limitation, grading, excavati o o ing soil, sand, gravel, rock,
stone, aggregate, peat, or sod, unles any such is in conjunction with
permitted Agricultural Activities, and a omplished in a manner that is consistent
with the Purpose and terms of this Eas a and in accordance with the Stewardship
Plan. Notwithstanding anything in th' c ' n the contrary, soil, sand, gravel, rock,
stone, aggregate, peat or sod may xtr to without further consent from Grantee
so long as such extraction i lel s the Property, is in conjunction with
permitted Agricultural Activity , ' re e t ted promptly after extraction is complete,
and is accomplished in a mann th i onsistent with the Purpose and terms of this
Easement and in accordali-c-e accords-c-ith a tewardship Plan.
4. Grantor shall not engage in any s or activity that causes or is likely to cause
significant soil der do o s'on or significant pollution of any surface or
subsurface wait r .
5. Grantor shall t t b' maintain a commercial feedlot. For purposes of this
Easement, o er ' If lot is defined as a permanently constructed confined
area or faci ' w' in hi the land is not grazed or cropped annually, and that is
used to rece' liv toc that are confined solely for the purpose of growing or
finishing. ve s conal confinement of animals raised on the Property and year-
round c n ' e t f r the commercial production of dairy products on the Property
are exp a sly p r itted. Furthermore, nothing in this Section shall prevent Grantor
from a 'ng a ure for the grazing of livestock owned by others.
6. Gr or a of install, build, or construct commercial signs, billboards, or other
rov a is for the purpose of advertising nonagricultural activities or products,
ce in connection with the sale or lease of the Property or to state the conditions of
cc s the Property. Signage consistent with the character of a working farm, and
or gricultural Activities, is allowed on the Property.
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7. Grantor may accumulate and store restaurant waste, municipal green waste, food
processing waste, or other waste on the Property only if such accumulation occurs in
the normal course of Agricultural Activities, food processing, and/or for renewable
energy production. Long-term accumulation of biodegradable material for
composting on-site may occur within areas designated by Grantor with prior notice to
and written consent of Grantee and RCO. All areas dedicated to, or associated with
accumulation, storage and processing of biological materials for composting on-site
will count toward the impervious surfaces limitation cited in Section VI. . and will be
located outside of the Riparian Habitat Conservation Zone and in a loca 'o that will
best optimize composting process, comply with permitting require en ,
minimize impact to agricultural activities. As used herein, "agric I a e " shall
mean the commercial production of horticultural, viticultural, flo i r dai piary,
vegetable, or animal products, including but not limited to cr om o ly nd in
the community surrounding the Property, field crops, fruits, ve to horticultural
specialties, livestock or livestock products, or the comm cial o ct of berries,
grain, hay, straw, turf, seed or Christmas trees not subj to a exc tax imposed
by RCW 84.33. 100 through 84.34.140. outside t ip ri b' at Conservation
Zone, .
8. Grantor shall not dispose of or Release (or p r it the's ?sal or release of) any
Hazardous Substance on the Property. The r "Rete s " shall mean any release,
generation, treatment, disposal, dumping, bu ng, b ndonment. The term
"Hazardous Substance" shall mean a substanc aterials, or wastes that are
hazardous, toxic, dangerous, or har ul are designated as, or contain components
that are, or are designated as, hazardo t ic, dangerous, or harmful and/or which
are subject to regulation as
hazardo xi gerous, or harmful or as a pollutant
by any federal, state, or local law, a ati s atute, or ordinance, including, but not
limited to, petroleum or anytrol r . The term "Hazardous Substances"
shall not include biosolids, h r i ' e p s cides, rodenticides, insecticides, and
fertilizers applied in accordance it a eral, state, and local law. Any storage of
Hazardous Substances s II a in rdance with federal, state, and local law.
9. Grantor shall not engage in or er it others to engage in, the commercial production
of cultivated mariner fre h r quatic products on the Property.
10. Grantor shall n n g n ommercial production of timber or convert any of the
Property to fo t .
11. Grantor sh 1 0 o ny ' estock to have access to or be within the Riparian
Habitat Co a io o ; provided, however, livestock may be moved from one
side of Chim cum ree to the other via the bridge referred to in Section VI.EA.
B. Water Ri ht . I h ra6ce of the Purpose of this Easement, Grantor shall cooperate
with Grantee t h Ip a s re the maintenance of the Water Rights. Except as expressly
provided in is a rantor shall not transfer, encumber, sell, lease, or otherwise
separate 7�eit,
ights from the Property. Grantor shall not abandon, relinquish, or
otherwiseI se by action or inaction, any of the Water Rights. Grantor shall take
it ati a ions to avoid such abandonment, relinquishment, loss, or forfeiture, including
bu of ' i the following: (i) exercising the Water Rights by putting them to beneficial
use in cc rdance with Chapter 90.14 RCW; (ii) seeking to place or enroll the Water Rights
in e W s ington State trust water rights program on a temporary basis, provided that any
AGRICULTURAL CONSERVATION EASEMENT
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acquisition of the Water Rights by the State shall be expressly conditioned to limit its use to
instream purposes and its duration to a term no longer than 10 years; or (iii) seeking to lease
the Water Rights for use on land other than the Property for a term no longer than 10 years,
with prior written notice to and consent of Grantee, after obtaining approval in accordance
with RCW 90.03.380, 90.03.383, 90.03.390, or 90.44. 100 for a temporary transfer or change
of the Water Rights; provided, however, that any such lease shall require the lessee to make
beneficial use of the Water Rights in accordance with Chapter 90.14 RCW and or
Agricultural Activities only (collectively "Water Rights Maintenance Actions'). If antor is
unable to take the Water Rights Maintenance Actions and the Water Rights are er threat
of abandonment, relinquishment, loss, or forfeiture, Grantor shall convey n p f said
Water Rights to Grantee for Grantee's use in order to maintain the oppo ity r' ultural
activity on the Property or elsewhere in Jefferson County. Any relinqui nt, loss, r
forfeiture of the Water Rights shall not be deemed or construed to b aiv r f G tee's
rights under this Easement or to defeat the Purpose of this Easemen , n I not
otherwise impair the validity of this Easement or limit its enforc ility ' y Y.
C. Impervious Surfaces Limitation. O
1. Definition. As used herein, "Impervious Surf c s" meas and surface areas that
either prevent or retard the entry of water int t e soil a tle asunder natural
conditions before development or that cause to u off the surface in greater
quantities or at an increased rate of fl w from the resent under natural
conditions before development. Imp i s Surfaces include, but are not limited to,
roofs, walkways, patios, driveways, par ' g ts, storage areas, areas that are paved,
graveled or made of packed or oile he m terials, or other surfaces that similarly
impede the natural infiltration of s c a s rm water. Impervious Surfaces do not
include an open uncovered c r 0 rage area or water quality treatment
facility, provided that the co io a aintenance of such area or facility is
consistent with the Purpose an er s this Easement.
2. Limitation. The total area Pr e y covered by Improvements of any kind and
Impervious Surfaces shall e Ii it d to no more than six percent (6%) of the area of
the Property; pro v'd h w it at minor unenclosed agricultural improvements
such as corrals y ck ates, fences, ditches, culverts, stock tanks, or other
minor agricul I tr c es "Minor Agricultural Improvements") may be constructed
or placed o t op y a not count against this total impervious surface limit.
The total air a er b gravel shall be subject to this 6% limitation unless Grantor
obtains prior s t fro Grantee as provided in Section VII to increase the
percenta t su aces covered by gravel and other impervious surfaces above
the 6% IxftRation.
Q
1. i n'abo of BuildingEnvelope. There shall be no more than one (1) building
e ve a within the Property. A portion of Tax Parcel 901 151 004, as shown on
hi't herein and comprising approximately five contiguous acres in area, is
e 'gnated the Building Envelope for Agricultural and Non -Agricultural uses.
AGRICULTURAL CONSERVATION EASEMENT
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2. Building Envelope Improvements for Agricultural Activities. For all Agricultural
Activities within the Building Envelope, as shown on Exhibit B herein, Grantor may
expand or enlarge Improvements existing on the Property as of the Effective Date of
this Easement and may install, build, or construct, expand, enlarge, maintain, repair,
replace, or decommission Improvements not existing as of the Effective Date of this
Easement
3. Building Envelope Improvements for Nonagricultural Activities. For pers nal and
domestic uses and activities and other nonagricultural activities within t e Building
Envelope, Grantor may expand or enlarge Improvements existing on th P perty as
of the Effective Date of this Easement. Grantor may install, build, co
expand, enlarge, maintain, repair, replace, or decommission Im m no
existing as of the Effective Date of this Easement if Grantor pro v' ante
advance written notice of the proposed Improvements and c ns nt is gi en
Grantee for such Improvements as provided for in Section 7; vi owever, that
the following shall require notice but shall not require co sent: i s ar, or other
alternative energy installations within the Building Env oe, i h m include
foundations, concrete pads and footings, wind t e ni " o ovoltaic panels, guy
wires, support fixtures, anchors and fences bdiloings ne r maintenance of
wind turbine or other alternative energy prod c ion uni nd maintenance and
storage of related equipment; electrical trans o ers a d nergy storage facilities;
electric transformers, electric distribution and=facilities
towers and lines either
above ground or underground; subst ons or for the purpose of
connecting to transmission system; iv roads providing access from public roads
to the energy facilities; and any other it s cessary to the successful and secure
use of any area of the Property with' it ' g Envelope for the production of
wind, solar, or other alternative so rpq�of er y.
1. Outside the Building Env o , r shall not expand or enlarge Improvements
existing on the Property s of th ffective Date or install, build, or construct
Improvements no e i tin a t Effective Date, unless such Improvements are
consented to in 'ti i e by Grantee as provided for in Section VII and such
Improvement re e' e a emporary in nature (present on the Property for less
than one y ar ; r b) ea ably necessary for Agricultural Activities (excluding
Accessory ses in m 'ance with the total impervious surface limit of Section VI.C;
provided, ho a ,that rantor may expand or enlarge Minor Agricultural
Improve i ou providing such notice or receiving such consent.
2. Nonagri uccessory Uses shall not be located outside the Building Envelope
and sh II not oth rwise convert more than one acre of agricultural land to
3. AO*at at EE ergy Production. Grantor may install, build, or construct Improvements
fdr Ite ati a energy production for generating energy for the permitted uses on the
jryq
y ith advance written notice to and consent of Grantee for such
v ents as provided for in Section VII, and Grantor may sell to public utility
ems any energy generated by such Improvements that is in excess of energy
irements for the permitted uses on the Property. Improvements for the sole
AGRICULTURAL CONSERVATION EASEMENT
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purpose of generating energy in excess of what is needed for agricultural and
residential uses are not allowed.
4. Grantor may maintain, repair, decommission, or replace the bridge across Chimacum
Creek existing as of the date of this Easement to benefit agricultural use of the
Property, but such bridge may not to be used to benefit residential access to the
adjacent parcel or property.
F. No Compensatory Mitigation. The creation, enhancement, restoration, or pr s ation of
wetlands, fish, or wildlife habitat, or other natural resources for the purpose f, a ly or
indirectly, compensating for or mitigating resource losses or damages in wa s ociated
with actual or potential impacts of development except for impacts cau r r n the
Property ("Compensatory Mitigation") is prohibited on the Property. C ory it' ation
includes without limitation, mitigation banking, conservation bankin an an o her ale or
exchange of mitigation credits based on the creation, restoration, enh ce t, or
preservation of such natural resources within the Property.
G. Compliance with Regulatory Requirements. Granto II c na reserved and
permitted uses and activities under this Easement to all re ents of federal, state,
and local statutes, rules, and regulations as they m y e ame d d from time to time.
H. Limitation on Transfers.
1. For purposes of this Section, "Trans ' i ludes but is not limited to any sale, grant,
lease, hypothecation, encumbrance, as ' n nt, conveyance, or any transaction the
purpose of which is to effect a sale, ra I se, hypothecation, encumbrance,
assignment, or conveyance.
2. Except as provided in Sect.I. ar t shall not undertake or permit any
Transfer of any rights in the p y i t prior notice to and consent of Grantee
as provided for in Section VI i owever, that such consent shall not be
withheld unless Grantee i at the proposed Transfer would be inconsistent
with the Purposea d ter oft is asement.
3. The following sh r it no ' but shall not require consent of Grantee: (a) Any
mortgage, dee t t, s' r document providing security for an indebtedness of
Grantor, prov' d t s h curity interest shall be subject and subordinate to this
Easement; b es rt ecommunications installations or wind energy
installations ith' th u' ding Envelopes, as provided for in Section VI.D.3; (c)
Temporary t fe or I ases of the Water Rights pursuant to Section VI.B; or (d)
Any gift, le or devise of fee simple absolute title to the Property.
OVII. NOTICE & CONSENT
A. Certai vi ' ns of this Easement require Grantee to give notice to Grantor prior to
un ert i ce i activities. Whenever such notice is required, and no other timeline for
tic is t h elsewhere in this Easement, Grantee shall provide such notice in writing
not ss a days prior to the date Grantee intends to undertake the use or activity in
uestio . rantee shall provide a copy of any such notice to Co -Grantee and RCO
co urr nt with notice to Grantor.
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B. Certain provisions of this Easement require Grantor to give notice to Grantee prior to
undertaking certain permitted uses and activities, including but not limited to the provisions of
the following sections: VI A 7; VI B; VI C 2; VI D 3; VI E 1; VI E 3; VI H 2; and VI H 3. The
purpose of requiring Grantor to notify Grantee prior to undertaking these permitted uses and
activities is to afford Grantee an adequate opportunity to ensure that the use or activity in
question is designed and carried out in a manner consistent with the Purpose of this
Easement. Whenever such notice is required, and no other timeline for noticek
rth
elsewhere in this Easement, Grantor shall provide such notice in writing not l0
days prior to the date Grantor intends to undertake the use or activity in q snotice
shall describe the nature, scope, design, location, timetable, and any of pect of
the proposed use or activity in sufficient detail to permit Grantee to m ijudgment as to its consistency with the terms of this Easement and urp f.
Upon receipt of such notice, Grantee shall immediately forward a cop to - rantee and
RCO.
C. Wherever in this Easement Grantee's consent isre d, u cos nt is also required
77
of Co -Grantee and RCO.
D. Wherever in this Easement a Party's or RCO's consent is r q ired, such consent may be
withheld only upon a reasonable determination by th co i party that the action as
proposed would be inconsistent with the Pur se or ter is Easement and cannot be
modified to make the proposed action consi a with the Purpose and terms of this
Easement. Any consent may include reasonab c ditions consistent with the Purpose and
terms of this Easement that must be satisfi u e king the proposed action, use, or
activity. n
E. Wherever in this Easement Grand s r raYri 's consent is required, and no other
timeline for consent is set forth elsewh e i t ' asement, the party whose consent is
required shall grantor withhold it co sen riting within the following time periods:
1. Where consent b G nt i u' ed under this Easement, Grantor shall grant or
withhold its con e t ith' sof receipt of a written request for consent;
2. Where conse b a e ' required under this Easement, Grantee shall grant or
withhold its t in days of receipt of a writt
F. h c s t is required under this Easement, and when such consent is not granted or
denie it in t e time period and manner set forth in this Section VII, the party requesting
c sent y conclusively assume the other party's consent of the proposed action, use, or
AGRICULTURAL CONSERVATION EASEMENT
Page 14
3. Where con n
grant or with
en request for consent;
C G ntee is required under this Easement, Co -Grantee shall
i con ent within 30 days of receipt of Grantee's written decision to
grant or w' d n nt or within 90 days of receipt of Grantor's written request for
consent e
4. Where o sent
r omes later; or
b RCO is required under this Easement, RCO shall grant or withhold
its c s t i 30 days of receipt of Grantee's written decision to grant or withhold
cos n r in 90 days of receipt of Grantor's written request for consent,
i he r mes
later.
F. h c s t is required under this Easement, and when such consent is not granted or
denie it in t e time period and manner set forth in this Section VII, the party requesting
c sent y conclusively assume the other party's consent of the proposed action, use, or
AGRICULTURAL CONSERVATION EASEMENT
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activity in question. The Parties and RCO agree that failure to grant or withhold consent
within the required time on any proposed action, use or activity shall not be deemed or
construed to be a waiver of Grantee's or Co -Grantee's or RCO's rights under this Easement
with respect to any future proposed action, use, or activity.
G. If Grantor is unsure whether a proposed use or activity is prohibited by this Easement,
Grantor may consult Grantee by providing written notice to Grantee describing t e nature,
scope, design, location, timetable, and any other material aspect of the propo a use or
activity in sufficient detail to permit Grantee to make an informed judgment as t it
consistency with the Purpose of this Easement and to provide comments er o Grani
This Section VII G does not itself impose a requirement of prior conseie ity
described in any such notice.
H. Any notice, demand, request, consent, concurrence, approval, or
party desires or is required to give to the other shall be in writing -bit
sent by registered mail or overnight courier with proof of deliv
such other address as any party from time to time shall -gn t
other party):
To Grantor:
Gloria Brown
9165 Rhody Drive
Chimacum WA 98325
Telephone: (360) 732-4965
To Grantee:
Jefferson County Environm ramal I r or
615 Sheridan Street ��
Port Townsend WA 98368
Telephone: (360) 385-9
FAX: (360) 379-4487
To Co -Grantee' 7
Jefferson La Tr s
1033 Lawr t e
Port Towns n A 3
Telephone: ( 9-9 1
FAX: (3601-379,- 9 7
To
RC
St SE
"09,17
a, WA 98504-0917
o00e: (360) 902-3000
360) 902-3026
AGRICULTURAL CONSERVATION EASEMENT
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dation that any
ersonally or
follows (or to
notices to each
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Vlll. DISPUTE RESOLUTION, VIOLATION, CORRECTIVE ACTION & REMEDIES
A. Preventive Discussions. Grantor, Grantee, and Co -Grantee will promptly give the other
Parties notice of problems or concerns arising in connection with the others' actions under
this Easement or the use of or activities or conditions on the Property, and will meet as
needed, but no later than 15 business days after receipt of a written request for a meeting, to
discuss and minimize the problems or concerns.
Grantee shall invite RCO to such preventive discussion meetings provided for i this Section
VIII. \
B. Mediation. If the Parties disagree as to the consistency of any pro u or=ity
with the Purpose or terms of this Easement and the Parties are una res I e s
disagreement through unassisted preventive discussions between th s and RCO, and
if Grantor agrees not to proceed with the use or activity pendin eso io o e dispute,
Grantor, Grantee, or Co -Grantee may refer the dispute to med a on qu made in
writing upon the other and with notice to RCO (who ha di c do t participate or not to
participate in the mediation). Within 30 business day of rec - t o uch a request, the
parties to the mediation ("Mediation Parties") shalls I ct a si impartial mediator.
Mediation shall then proceed in accordance with the fo owing ui elines:
1. The purpose of the mediation is to: ( promote'discussion among the Mediation
Parties; (b) assist the Mediation Pa s develop and exchange pertinent
information concerning the issues in dis t ; and (c) assist the Mediation Parties to
develop proposals which enable the a " e t a mutually acceptable resolution of
the controversy. The mediation is 'nte a to result in any express or de facto
modification or amendmenttheitions or restrictions of this Easement.
2. The mediator may meet wit e e a Parties and their counsel jointly or ex
parte. The Mediation Parties ag e a ey will participate in the mediation process
in good faith and expediti sl , att d g all sessions scheduled by the mediator.
Representatives of all M di do rties with settlement authority will attend
mediation sessions re u the mediator.
3. All information r e to to ediator shall be deemed confidential and shall be
disclosed by a o with the consent of the Mediation Parties or their
respective o e m iator shall not be subject to subpoena by any party. No
statements a or c ents prepared for mediation sessions shall be disclosed in
any subseq p cee 'ng or construed as an admission of a party. Records of
mediation is ions shall be exempt from the requirements of Chapter 42.56
RCW a ' t n ate Public Records Act) to the extent provided for in Chapter
7.07 R (Wa h ngton State Uniform Mediation Act).Neither party shall be obligated
to co tin a ediation process beyond a period of sixty (60) days from the date of
re e' t t nitial request or if the mediator concludes that there is no reasonable
iho t t continuing mediation will result in a mutually agreeable resolution of
ut .
he os of the mediator shall be borne equally by the Parties; the Mediation Parties
h I bear their own expenses, including attorney's fees, individually.
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C. Arbitration. The Parties and RCO may by mutual agreement submit disputed matters to
arbitration upon such rules of arbitration as Grantor, Grantee, and RCO may agree
IX. GRANTEE'S AND CO -GRANTEE'S REMEDIES
A. Notice of Non -Compliance. If Grantee or Co -Grantee determines that Grantor is in
violation of the terms of this Easement or that a violation is likely to occur,Gran ee or Co -
Grantee shall give written notice to Grantor of such violation and demand corr, c 've action
sufficient to cure the violation and, where the violation involves injury tothe Pro a resulting
from any use or activity inconsistent with the Purpose or terms of this Eas a store
the portion of the Property so injured to its prior or potential condition in r th a
plan to which Grantee and Co -Grantee have given consent. .
B. Grantor's Failure to Respond. Grantee or Co -Grantee may brin a act s provided in
Section IXC if Grantor:
1. Fails to cure the violation within thirty (30) days re e"n tice thereof from
Grantee or Co -Grantee;
2. Under circumstances where the violation ca n t reas a ly be cured within the thirty
(30) day period, fails to begin curing such vi at' n with n he thirty (30) day period; or
3. Fails to continue diligently to cure such violati u ' in ly cured.
C. Grantee's or Co -Grantee's Action. Grant o Co -Grantee may bring an action at law or
in equity, or both, in a court of competent juris i io to enforce the terms of this Easement,
to enjoin the violation, ex parte as necessa a wed under the applicable civil rules,
by temporary or permanent injunction, to e o r amages to which it may be entitled for
violation of the terms of this Ease or ' t y of the Conservation Values or Habitat
Values protected by this Easement, in ages for the loss of the Conservation
Values and/or Habitat Values; and to re ui t restoration of the Property to the condition
that existed prior to any such inju ith I' iting Grantor's liability therefore, Grantee or
Co -Grantee, in their solea d ab o ute is retion, may apply any damages recovered to the
cost of undertaking any c rr iv a n the Property; provided, however, that Co -
Grantee shall obtain G a 's 's consent before applying any such damages. All
such actions for inju ver ie a be taken without Grantee or Co -Grantee being required
to post bond or pro ii e t er ecu
D. Immediate Actio di ed. `Notwithstanding any other provision of this Easement, if
Grantee or Cr i th it sole and absolute discretion, determine that circumstances
require immedi o to prevent or mitigate significant damage to the Conservation
Values and/or a itat a ues, Grantee or Co -Grantee may pursue their remedies under this
Section IX ' o t p for otice to Grantor, without participation in dispute resolution as
provided r c ion VI 11, or without waiting for the period provided for cure to expire.
tur o emed . Grantee's and Co -Grantee's rights under this Section IX apply equally
in a nt 'ther actual or threatened violations of the terms of this Easement. Grantor
agree ha Grantee's and Co -Grantee's remedies at law for any violation of the terms of this
Easeme t re inadequate, and that Grantee and Co -Grantee shall be entitled to the
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injunctive relief described in this Section IX both prohibitive and mandatory, in addition to
such other relief to which Grantee and Co -Grantee may be entitled, including specific
performance of the terms of this Easement, without the necessity of proving either actual
damages or the inadequacy of otherwise available legal remedies. Grantee's and Co -
Grantee's remedies described in this Section IX shall be cumulative and shall be in addition
to all remedies now or hereafter existing at law or in equity. The provisions of Section IX.F
shall not be interpreted to preclude Grantee or Co -Grantee from obtaining injunctive relief.
F. Damages. Inasmuch as the actual damages to the Conservation Values an or abitat
Values that could result from a breach of this Easement by Grantor would e i c 'cal or
extremely difficult to measure, the Parties agree that the money dam: an n /or
Co -Grantee are entitled to recover from Grantor shall be, at Grantee's e o the i er of
(i) the amount of economic gain realized by Grantor from violating the t s f he semen
or (ii) the cost of restoring any Conservation Values and/or Habitat Va es have been
damaged by such violation. In the event Grantee or Co -Grant e coo a econd of
these two measures, Grantor agrees to allow Grantee, Co -Gr nt e, t eir ag s or
contractors to enter upon the Property and conduct restoraat.on ac
G. Costs of Enforcement. In the event Grantor, Gra to , or C - rantee finds it necessary to
bring an action at law or other proceeding against th er pa y to enforce or interpret any
of the terms, covenants, or conditions of this Easeme t e ailing party in any such
action or proceeding shall be paid all costs a reasona orneys' and consultants' fees
by the other party and all such costs and aft n s' and consultants' fees shall be included in
any judgment secured by such prevailing party.
H. Grantee's Discretion. Enforcement of t rms f is Easement shall be at the discretion
of the Grantee and Co -Grantee, ar dany e r a by Grantee or Co -Grantee to exercise
its rights under this Easement in the e t o a y reach of any terms of this Easement by
Grantor shall not be deemed or constru be a waiver by Grantee or Co -Grantee of such
term or of any of Grantee's or Co to r' hts under this Easement. No delay or
omission by Grantee or Co -Gra to in a exercise of any right or remedy upon any breach
by Grantors shall impair�Nc, Ig t o dy or be construed as a waiver.
I. Waiver of Certain C end �. 'Gra)or acknowledges that it has carefully reviewed this
Easement and hasCl n u ec ithand been advised by legal counsel of its terms and
requirements. In f kn le e f the provisions of this Easement, Grantor hereby waives
any claim or defens ha against Grantee, Co -Grantee, or their successors in
interest under or i t this Easement based upon abandonment, adverse
possession, or r ti n relating to the Property or this Easement. Except for the
foregoing, Gra to spe i cally retains any and all rights it has under the law as owner of the
Property, in d it ut limitation, the right to bring claims against Grantee or Co -Grantee
for any br cri rantee or Co -Grantee of the terms of this Easement.
Grantor's Control. Nothing contained in this Easement shall be construed to
e r Co -Grantee to bring any action against Grantor to abate, correct, or restore
i on the Property or to recover damages for any injury to or change in the
ulting from actions by a trespasser upon the Property or causes beyond
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Grantor's control, including, without limitation, natural disaster, fire, flood, storm, pest
infestation, earth movement, and climate change, and from any prudent action taken by
Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the
Property resulting from such causes. In the event the terms of this Easement are violated by
acts of trespassers, and Grantor has not undertaken suit itself, Grantor agrees, at Grantee's
and Co -Grantee's option, to assign its right of action to Grantee and Co -Grantee or to
appoint Grantee and Co -Grantee its attorneys in fact for purposes of pursuingenforcement
action against the responsible parties.
K. Compliance Certificates. Upon request by Grantor, Grantee and Co -G te4 sha , as
soon as possible and no later than 30 days after receipt of such reques , cut d eliver
to Grantor any document, including an estoppel certificate, which certi i t e be t f
Grantee's and Co -Grantee's knowledge, Grantor's compliance or la k t ereo ith a y
obligation of Grantor contained in this Easement and otherwise evide es status of this
Easement as requested by Grantor. Such certification shall be m' e o e ndition of the
Property as of Grantee's and Co -Grantee's most recent inspe i n. I G ant equests more
current documentation, Grantee or Co -Grantee shall conduct i c on, at Grantor's
expense, within 45 days of receipt of Grantor's writte r est a ment therefore. RCO
shall not be estopped from claiming or enforcing a v of tion of Easement unless RCO
has also executed the Compliance Certificate.
X. LIABILITIES, TAXES & ENVIRONM COMPLIANCE
A. Liabilities and Insurance. Grantor retains allsp sibilities and shall bear all costs and
liabilities of any kind related to the owners ' etatiort, upkeep, and maintenance of the
Property, including the maintenance of a e . ilfty insurance coverage. Such
insurance shall include Grantee's interest, a ntee as an additional insured, and
provide for at least 30 days notice t r to bef re cancellation and that the act or omission
of one insured will not invalidate the oucy as, o the other insured party. The Parties release
and relieve the other, and waive nfr ' ht to recovery for loss or damage to the extent
that the loss or damage is over d by t e injured party's insurance. This waiver applies
whether or not the loss i to a Ii ent acts or omissions of Grantor or Co -Grantee or
Grantee. Grantor rem in el a ible for obtaining any applicable governmental
permits and approv r n c st ction or other activity or use permitted by this Easement,
and all such constru i r o er ivity or use shall be undertaken in accordance with all
applicable federal, IsItla a an oc I laws, regulations, and requirements. Grantor shall keep
the Property free of 4pyli s arising out of any work performed for, material furnished to, or
obligations incurr nt r; provided that the Property shall be deemed to be free of
such liensif (1) r r rantee, as the case may be, is diligently challenging the
application of s c lien o the Property; or (2) such liens are subordinated to this Easement
and do not u e a y ction or inaction inconsistent with the Purpose and terms of this
Easemen
,raptor shall pay before delinquency all taxes, assessments, fees, and charges of
cr tion levied on or assessed against the Property by competent authority
"taxes"), including any taxes imposed upon, or incurred as a result of, this
ind shall furnish Grantee with satisfactory evidence of payment upon request.
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C. Liability. Each party to this Easement shall be responsible for its own acts and/or
omissions and those of its members, directors, officers, employees, agents, and contractors.
No party to this Easement shall be responsible for the acts and/or omissions of entities or
individuals not a party to this agreement.
D. Representations and Warranties. Grantor represents and warrants that, after reasonable
investigation and to the best of Grantor's knowledge:
1. Grantor and the Property are in compliance with all federal, state, nd7oc4l laws,
regulations, and requirements applicable to the Property and its
2. There has been no release, dumping, burying, abandonment ra ' n fr m off-
site on the Property of any substances, materials, or wastes are r re
designated as, hazardous, toxic, dangerous, or harmful or co in onents that
are, or are designated as, hazardous, toxic, dangerous, r ha f an or that are
subject to regulation as hazardous, toxic, dangerous, o arm I y a ederal, state
or local law, regulation, statute, or ordinance;
3. Neither Grantor nor Grantor's predecessors i in st h osed of any
hazardous substances off-site, nor have the dispose substances at sites
designated or proposed to be designated as a eral Su a and (42 U.S.C. § 9601 et
seq.) or state Model Toxics Control Act (RC 0. 0 et seq.) ("MTCA") sites;
and
4. There is no pending or threatened lit a ' affecting the Property or any portion of
the Property that will materially impair t servation Values or Habitat Values of
any portion of the Property. No civil im' al oceedings have been instigated or
are pending against Grantor or its r ec so by government agencies or third
parties arising out of allegeola ' ironmental laws, and neither Grantor nor
its predecessors in interest a ec iv ny notices of violation, penalties, claims,
demand letters, or other notific on r ing to a breach of environmental laws.
E. Remediation. If, at any time, h re o c rs, or has occurred, a Release in, on, or about the
Property of a Hazardous `ter" to ce, or agrees to take or compel responsible third
parties to take all step r e plicable law and necessary to assure its
containment and re a is 'o , i I 'ng any cleanup that may be required (except that the
use of institutional __
tr I s II n e allowed without Grantee's consent), unless the
Release was caus y ra e , in which case Grantee shall be responsible for such
remediation to the e t e R ease was caused by Grantee. At its discretion, Grantee
may assist Grantpr-in-coo a 'ng third parties to contain and remediate any such Release.
F. Control. Not i g in hi Easement shall be construed as giving rise, in the absence of a
judicial decr e, a ri ht or ability in Grantee, Co -Grantee, or RCO to exercise physical or
manageri ono er the day-to-day operations of the Property, or any of Grantor's
activitie th r erty, or otherwise to become an operator with respect to the Property
h' th m nin of the Comprehensive Environmental Response, Compensation, and
Lia 'lit c f 80, as amended ("CERCLA").
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XI. SUBSEQUENT TRANSFER OR EXTINGUISHMENT
A. Extinguishment.
1. If circumstances arise in the future that render the Purpose of this Easement
impossible to accomplish, this Easement can only be terminated or extinguished,
whether in whole or in part, by judicial proceedings in a court of compet nt
jurisdiction.
2. In granting this Easement, Grantor has considered the fact that any use f e
Property that is prohibited by this Easement, or any other use as er o be
inconsistent with the Purpose of this Easement, may become a is e
valuable than permitted uses. It is the intent of both Grantor a d nt a th ch
circumstances shall not justify the termination or extinguish en of th s ase ent.
Grantor's inability to carry on any or all of the permitted uses, th rofitability of
doing so, shall not impair the validity of this Easement o co si re grounds for
its termination or extinguishment.
3. The amount of the proceeds to which Grantee C s I entitled, after the
satisfaction of prior claims, from any sale, ex, or i ary conversion of all
or any portion of the Property subsequent to s ch ter n tion or extinguishment, shall
be determined, unless otherwise provided b shingt n law at the time, in
accordance with Section XI.C. Grantee shall e a c proceeds for the acquisition
of property interests that are substan ' Ily equiva those conveyed by this
Easement. Grantee shall consult wit an receive the approval of RCO in the
selection of any replacement property i re s. Upon acquisition of such
replacement property interests, Gra e h c nvey to RCO the same or
substantially equivalent rights as i d i this Easement.
B. Condemnation. If the Easement i n, whole or in the part, by the exercise of the
power of eminent domain, Grantee an s all be entitled to compensation in accordance
with Section XI.C, for the value o a t taken; and the Grantor shall be entitled to
compensation in accordance with ppli le law for the value of the underlying fee title and
improvements taken. In t e en th a ion XI.C. violates applicable law, then the
proceeds to Grantor, to a shall be divided in accordance with applicable law. In
the event that Grant s re ' i t of the proceeds from any condemnation, then Grantee
shall disburse to R i Ires ctiv share of the proceeds pursuant to Section XI.D as soon
as is practicable.
C. Valuation.
1. This Eaa ent c nstitutes a real property interest immediately vested in Grantee.
For rp se f is Section, the Parties stipulate that this Easement has a fair
m r t lu etermined by multiplying (a) the then fair market value of the Property
ncu be d by the Easement (minus any increase in value attributable to
i r ements on the Property), at the time of termination or extinguishment, as
to i d by an appraisal that meets RCO requirements for appraisals, by (b) the
ati of the value of the Easement at the time of this grant to the value of the
P o erty, unencumbered by the Easement, at the time of this grant.
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2. For purposes of this Section, the Parties agree that the ratio of the value of the
Easement to the value of Grantor's property unencumbered by the Easement is
evidenced by the following: (a) real property appraisal prepared by John V. Halberg,
MAI, and Greg V. Halberg, Halberg Pacific Appraisal Service, dated March 20, 2009,
and (b) appraisal review by Terra Valuations LLC / Victoria B. Adams, dated January
21, 2008; all of said documents are on file with Co -Grantee. This ratio is 0.15 and
shall remain constant.
D. Distribution of Proceeds. In the event of extinguishment of this Easement pu u nt to
Section XI.A, condemnation of this Easement pursuant to Section XI.B, or a s eceive�
by Grantor in an amount equal to the fair market value of this Easemen su o Section
IX.D, any proceeds attributable to the value of the Easement shall be i u d as of ows:
RCO is entitled to 50%; Jefferson Land Trust is entitled to 9%; and rson C un t s
entitled to 41 % of any such proceeds.
E. Subsequent Transfers. Grantor agrees to: (1) incorporate express reference the terms
of this Easement in any deed or other legal instrument,"hi "hic i div s itself of any interest
in all or a portion of the Property; and (2) describe thi,�a es, me 'n append it to, any
executory contract for the transfer of any interest in Prope
Grantor further agrees to
give written notice to the Grantee of the transfer of Oy 'nteres
a least 30 days prior to the
date of such transfer. Such notice to Grantee shall in lu
me, address, and
telephone number of the prospective transfer a or such
ree's representative. The
failure of the Grantor to perform any act req re by this Section
XI shall not impair the
validity of this Easement or limit its enforceabili in ny way.
XII.
If circumstances arise under which a,0
be appropriate, the Parties are free to
first obtain the written consent of CC
Purpose of this Easement, shall not a,
Grantee or Co -Grantee u0or a a
Easement and shall be� o d�ei
any other jurisdiction i is
X
l n� toormodification of this Easement would
nd thisEasement provided that the Parties
ch amendment shall be consistent with the
ct the qualification of this Easement or the status of
,a le laws, shall not shorten the duration of this
ficial records of Jefferson County, Washington, and
rding is required.
XIII. ASSIGNMENT
A. Assignment of to 's4 terest. Grantee's interest in this Easement is transferable with
prior written not' an c sent of RCO, but Grantee may assign its rights and obligations
under this Eas m nt o I to an organization that is a qualified holder at the time of transfer
under RCW 64. 4. s amended, and a qualified recipient of grant funds from the
farmland Pres account under RCW 79A.15.130. Grantee shall not assign this
Easem it ut otice to and consent of Grantor and RCO, which consent shall not be
r so b wit eld. As conditions of such transfer, Grantee shall require that assignee
(1 on ' u o arry out the Purpose of this Easement and (2) comply with the terms of the
RCO a Agreement, as described in Section XIV. Grantee shall notify Grantor in writing,
at�Grant r' last known address, in advance of such assignment. The assignment shall not
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be valid without such notice; provided, however, that the failure of Grantee to give such
notice shall not impair the validity of this Easement or limit its enforceability in any way.
B. Assignment of Co -Grantee's Interest. Co -Grantee's interest in this Easement is
transferable, but Co -Grantee may assign its rights and obligations under this Easement only
to an organization that is a Washington nonprofit nature conservancy corporation or
association authorized to acquire and hold conservation easement interests under RCW
64.04.130 and RCW 84.34.210, as amended. Co -Grantee shall not assign thi a sement
without notice to and consent of RCO, which consent shall not be unreasonably wi held. As
conditions of such transfer, Co -Grantee shall require that assignee (1) co 'nue c ry out
the Purpose of this Easement and (2) comply with the terms of the RC n e ent,
as described in Section XIV. Co -Grantee shall notify Grantor in writing,ra tor's a
known address, in advance of such assignment. The assignment s of b v lid hout
such notice; provided, however, that the failure of Co -Grantee to give c ce shall not
impair the validity of this Easement or limit its enforceability in y wa .
C. Rights and Obligations Upon Transfer. A party's rig nd b 'o s under this
Easement terminate upon transfer of the party's i ter6stAMhe or this Easement, as
the case may be, except that liability for acts or omisi rns occ�urr�jng prior to transfer shall
survive transfer. )) ��
D. Succession. If at any time it becomes im ss�
ible forrantee to ensure compliance with
the covenants contained herein and Grante a not named a successor organization, or the
Grantee shall cease to exist, then Grantee's rig s d duties hereunder shall become
vested and fall upon RCO, whomay then a n e's rights and duties hereunder to an
organization with a similar mission to that f an
XIV. RCO THIR� RtG T OF ENFORCEMENT
A. RCO is hereby granted third p ght forcement of this Easement. As such, RCO
may exercise all of the rights an r me ie provided to Grantee herein, and is entitled to all
of the indemnifications pr` v d in this Easement. RCO, Grantee, and Co -
Grantee each have in nen y to enforce the terms of this Easement; provided,
however, that RCO e e s h G tee and Co -Grantee shall have primary responsibility
for monitoring and o t o e Easement. In the event that RCO, Grantee, and/or
Co -Grantee do not g e as ether Grantor is complying with the terms of the easement,
RCO, Grantee, and/ r o- ran a may proceed with enforcement actions without the
consent ofthe of I elects to enforce the terms of this Easement, it shall first
follow the dispu a lu 'on process and remedies described in Sections VIII and VX above;
provided, how v , tha CO shall not be obligated to repeat any non -judicial dispute
resolution steps Ir aken by Grantee or Co -Grantee.
B. This p3rtyht of enforcement does not extend to any other third party and will
t a ' al ran fer to another State agency charged with maintaining, preserving and/or
res ri a c ural lands in the event RCO is dissolved or reorganized.
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C. In the event that the Easement is transferred or assigned without the consent of RCO,
which consent shall not be unreasonably withheld, RCO may require that Grantee pay to
RCO, at RCO's election, the higher of (1) an amount equal to the fair market value of this
Easement, which shall be determined as provided in Section XI.0 and distributed as
provided in Section XI.D; or (2) an amount equal to the Total Project Cost as specified in the
RCO Grant Agreement with interest due and payable from the date of breach at the rate
provided for in RCW 43.17.240, as may be amended from time to time.
D. In the event that the Property is used by Grantor in a manner that is not consAstiarit with
the Purpose of this Easement or the terms of the RCO Grant Agreement, C I ave the
right, in addition to any other remedies described in this Easement, to r r for
pay to RCO, at RCO's election, the higher of (1) an amount equal to t e m rket a e of
this Easement, which shall be determined as provided in Section XI a d di tr but as
provided in Section XI.D; or (2) an amount equal to the Total Project s ecified in the
RCO Grant Agreement with interest due and payable from the too r ch t the rate
provided for in RCW 43.17.240, as may be amended from tim to' tim . ny ts, fees or
damages paid by Grantor for enforcement of this Ease ore or ion of the
Conservation Values pursuant to Section IX shall be a ed f amount. RCO
agrees that it will follow the dispute resolution shall
s and re aies described in Sections
VIII and IX before exercising this right, unless legall c pelle t do otherwise. Any
amounts due and owing RCO under this paragraph s II and owing within 120 days
of receiving a written demand for repayment RCO. U antor's repayment of such
amount to RCO, Grantee and RCO agree t r are and record a deed amendment to
release Grantor from any further obligations t8`-FiC`0,,or Grantee under this Easement.
XV. JOINT "IF C MENT
A. Before Grantee, Co -Grantee, or R' xe ciis'e its rights to undertake mediation,
arbitration or legal action as provided in a ons VIII and IX, the party contemplating
such action agrees to confer with the ies holding enforcement rights under this
Easement as to whether they wiO j in t ediation, arbitration or legal action and share
costs and expenses relat dd s h ; provided, however, that this agreement to confer
shall not be construed s I i io he ability of Grantee, Co -Grantee, or RCO to
exercise its enforce e t n o er ' hts under this Easement. If Grantee, Co -Grantee,
and/or RCO decid s t j in ' th ction and share costs and expenses related to the
action, the parties J in n in a ion and sharing costs and expenses related to the action
shall apply any reco re i urse such parties for their costs and expenses; provided,
however, that an u re ived based on loss of value to the easement, or resulting from
condemnation d/vr- ing ishment of the Easement, shall be distributed to RCO only after
reimbursing su h arti s for their costs and expenses.
B. If Gra a -Grantee, or RCO chooses not to undertake mediation, arbitration or legal
action rove r in Sections VIII and IX, and/or share costs and expenses related to
c ac ' n, uch arty shall not be entitled to any recovery for enforcement costs; provided,
ho v th y amount received based on loss of value to the easement, or resulting from
conde n ion and/or extinguishment of the Easement, shall be distributed in accordance
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with Section XI.D only after first reimbursing any party for its costs and expenses that are not
otherwise separately paid as part of any arbitration award or judgment.
XVI. RECORDATION
Grantee shall record this instrument in a timely fashion in the official records of Jefferson
County, Washington, and in any other appropriate jurisdictions, and may re-rec rd it at any
time as may be required to preserve its rights in this Easement.
XVII. NO MERGER
A. In the event that Grantee or Co -Grantee acquires all or a portion of a 'tle to t
Property, it is the intent of the Parties that no merger of title shall to p ce t a wo d
merge the restrictions of this Easement with fee title to the Propert a t y eliminate
them, and that the restrictions on the use of the Property, as odie in a asement,
shall, in the event that all or a portion of title become vested in G ant r C rantee,
become and remain permanent and perpetual restrictio t e e f he Property.
Grantee and Co -Grantee covenant to do what is req r pre erger of title, including,
if necessary, assignment of the Easement to an ap77ateo tparty pursuant to Section
XIII.
XVIII. GENE L PROVISIONS
A. Effective Date. The Effective Date of this E e nt shall be the date on which the
Grantor executed this Easement.
B. Governina Law and Venue. Th
law shall govern the interpretation
Easement, Grantor acknowledges
this matter. In the event of a law
either Thurston County or leffer o
I
e e of construction to the contrary notwithstanding, this
ztrument
in favor of the grant to effect the Purpose of this
is found to be ambiguous, an interpretation
s Easement that would render the provision valid shall be
at would render it invalid.
of Washington and applicable federal
in a of this Easement. By executing this
in of the courts of the State of Washington in
is Easement, venue shall be proper only in
C. Liberal Constructio q
Easement shall be Ii a�!n
or
Easement. If any o i 'n
consistent with the ur
favored over any in r re ion
D. Severability
1. Exc a p ovvi d in Section XVIII.D.2 below, if any provision of this Easement, or
athtion thereof to any person or circumstance, is found to be invalid or
le by any court of competent jurisdiction or is superseded by state or
ation, rules, regulations or decision, the remainder of the provisions of
nt, or the application of such provision to persons or circumstances other
ha those as to which it is found to be invalid or unenforceable, as the case may be,
s I not be affected thereby.
AGRICULTURAL CONSERVATION EASEMENT
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2. If any material provision of this Easement, or the application thereof to any person or
circumstance, is found to be invalid or unenforceable by any court of competent
jurisdiction or is superseded by state or federal legislation, rules, regulations or
decision, so that the intent of these provisions is frustrated, the parties agree to
immediately negotiate a replacement provision to fulfill the intent of the superseded
provisions consistent with the Purpose of this Easement and applicable law.
E. Entire Agreement. This instrument sets forth the entire agreement of the *ati
with
respect to the Easement and supersedes all prior discussions, negotiations andings,
or agreements relating to the Easement, all of which are merged herein. o n or
variation of this instrument shall be valid or binding unless contained i e that
complies with Section XII.
F. No Forfeiture. Nothing contained herein will result in a forfeiture or ver!' of Grantor's
title in any respect.
G. "Grantor" - "Grantee". The terms "Grantor," "Grante ," d "Cb Grua ee," wherever used
in this instrument, and any pronouns used in the pla _0 f, s held to mean and
include, respectively the above-named Grantor and is succe o s and assigns, the above-
named Grantee and its successors and assigns, an t abov - amed Co -Grantee and its
successors and assigns. The term "Grantor" shall als in y party taking ownership of
the Property, or any portion thereof, subseq nt to the fo sure of any mortgage or deed
of trust.
H. Successors. The covenants, terms, con ' i s, n estrictions of this Easement shall be
binding upon, and inure to the benefit of, rti a d their respective successors and
assigns, and to any party taking o rshiRb,e P perty, or any portion thereof,
subsequent to the foreclosure of an a e r deed of trust, and shall continue as a
servitude running in perpetuity with the ro y.
I. Captions. The captions in thisin tru e t have been inserted solely for convenience and
ease of reference and ara/ ft�a a instrument and shall have no effect upon
construction or intern a:o�
J. Counterparts. The es ay 'ecute this instrument in two or more counterparts, which
shall, in the aggre te, a
sl
a by all Parties; each counterpart shall be deemed an
original instrument a' st a y party who has signed it. In the event of any disparity
between the counterpart r uced, the recorded counterpart shall be controlling.
K. Authority. T e indiv d als signing below, if signing on behalf of any entity, represent and
warrant tha a ha a requisite authority to bind the entity on whose behalf they are
signing.
Parties agree that the terms and recitals set forth in Section I (among other
Cement) are material to this Easement, and that each Party has relied on the
of such terms and recitals in entering into this Easement. Each term and
in Section I is fully incorporated into this Easement.
AGRICULTURAL CONSERVATION EASEMENT
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SCHEDULE OF EXHIBITS
Exhibit A. Legal Description of Property
Exhibit B. Site Map.
Exhibit C. Water Rights.
Exhibit D. Permitted Exceptions.
REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK
4��,
O
O
O 0
O
AGRICULTURAL CONSERVATION EASEMENT
Page 27
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TO HAVE AND TO HOLD unto Grantee, Co -Grantee, their respective successors, and
assigns forever.
GRA OR:
Gloria Brown
GRANTEE:
Approved as form only: t Z 09
Jefferson County Pros utor's Office Date
JEFFERSON COUNTY, a political subdivision of the State -9f Wad
accept the above ultural Conservation Easeme
By:
Chairman, Boafd of County Commiss' ners
, does hereby
CO -GRANTEE:
JEFFERSON LAND TRUST, a Washingt n �r it orporation, does hereby accept the
above Agricultural Conservation E?sqme
By
Sarah Spae h, Executive rect r
AGRICULTURAL CONSERVATION EASEMENT
Page 28
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STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
On this � f day of , 2009, before me personally appeared
GLORIA BROWN, to me known to be the Grantor that executed the within and foregoing
instrument, and she acknowledged that the instrument was signed as her free and voluntary
ac s Grantor for the uses and purposes therein mentioned.
ry s nature \\`o`����p �•• • oy��ii��i
Notaryname printed or typed
AGRICULTURAL CONSERVATION EASEMENT
Page 29
c)ersonally appeared
gton nonprofit
as the free and
ierein mentioned,
Board of Directors of
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STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
On this 4 / A— day of , 2009, before me personally appeared
DAVID SULLIVAN, to me known to be the Chairman of The Board of County Commissioners
of Jefferson County, a political subdivision of the State of Washington, and he acknowledged
the within and foregoing instrument as the free and voluntary act and deed of salq party, for
the uses and purposes therein mentioned, and on oath stated that he is authori a to sign
said instrument by the Board of Commissioners of said party.
dc'9'.-w
Notary signature
nature
Notary name printed or typed
NOTARY PUBLIC, State of Washington
Residing at: "A% oz(/
�1 .OF WP
AGRICULTURAL CONSERVATION EASEMENT
Page 30
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THE STATE OF WASHINGTON, BY AND THROUGH THE RECREATION
CONSERVATION OFFICE, Third Party Beneficiary, does hereby accept the above
Agricultural Conservation Easement.
Dated: 1 I-%—"
Approved as to form:
Its
STATE OF WASHINGTON )
)SS.
COUNTY OF THURSTON ) /�
I certify that I know or have`sg,
is the person who appeared before m
instrument, on oath stated tbclt he/ . E
acknowledged it as the JJ I
Conservation Office to be ire
mentioned in the instrume
1
notarial stamp/seal)
AGRICULTURAL CONSERVATION EASEMENT
Page 31
e i ence that
erson acknowledged that he/she si ed this
Porized to execute the instrument and
of The Recreation and
ry act of such party for the uses and purposes
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Parcel A:
That portion of Government Lot 4, Section 14, Township 29 North, Range 1 West, W.M., a portion of the
Robinson D.L.C. described as follows:
Commencing at the Northeast comer of said D.L.C. the True Point of Beginning;
thence the North 1/4 of said Section 14 bears North 16°14'07" East a distance of 9 .18 t;
thence North 88°32'27" West along the North line of said D.L.C. 1016.00 feet; O
thence South 1°27'33" West 88.20 feet;
hence North 87°44'02" West 300.00 feet;
thence North 1°27'33" East 83.98 feet to the North line of said D.L.C.;
thence North 88°32'27" West along said North line 85.85 feet to the cent rli e of e Chim um Creek
Irrigation Ditch;
thence along said centerline to the North line of the South 138toe
said ,
thence South 88°05'24" to the East line of said D.L.C.;
thence North 1° 36'32" East along said East line 1276.46 feetue oit of Beginning.
Parcel B:
Those portions of the R.S. Robinson Donation Land Clai 40 situated in the West Y2 of Section 14,
Township 29 North, Range 1 West, W.M., Jefferso Co ty, a hington, described as follows:
Commencing at the Southwest corner of "i jSect on 14, T nship 29 North, Range 1 West, W.M., being a
concrete monument, from which the Northw st m o s id Section 14, being a 2" diameter brass disk set in
concrete and encased in an aluminum monume c in illian Street, bears North 1° 35'46" East, 5335.14
feet distance,
thence North 1° 35' 46" East along the st li t ereof, 1772.98 feet to the South line of said Robinson
Donation Land Clam No. 40;
thence South 880 05'49" E , o ne thereof, a distance of 615.57 feet to a point on said South
line and intersecting the ce ter a f imacum Creek;
thence North 16° 17 '08' , a sai nter thread of Chimacum Creek, a distance of 120.60 feet;
thence North 21'23'4 " t al s 'd center thread, a distance of 113.69 feet;
thence North 48° 46'08" ast, long d center thread, a distance of 585.64 feet;
thence North 41° 24' 12" as , alo said center thread, a distance of 106.38 feet to the Point of Beginning;
thence North 36° 33 6" Ea a g said center thread, a distance of 160.22 feet;
thence North 230 2 J0�t, along said center thread, a distance of 430.97 feet;
thence North 03° 5 ' t along said center thread, a distance of 146.92 feet;
thence of Jef s n oad No. 18, said road also known as the Center to Chimacum Highway; thence,
South 01 °3 t, along said Westerly margin, a distance of 789.51 feet;
the a de arti sai gin, North 82° 55'56" West along the centerline of an existing gravel road, a distance
of 00 . 7 t;
thenc o 8 ' 17" West, along said center line, a distance of 150.31 feet;
fence No h 40 21'31" West, along said center line, a distance of 48.64 feet to the Point of Beginning;
A-32
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Parcel C:
That portion of Government Lot 4, Section 14, Township 29 North, Range 1 West, W.M., Jefferson County,
Washington, being more particularly described as follows:
Commencing at the Northeast corner of Robinson's Donation Land Claim;
thence North 88° 35'24" West, along the North line of said Robinson's Donation Land Clai or a distance of
345 feet to the Point of Beginning;
thence North 88° 35'24" West 42.57 feet;
thence North 01° 24'36" East 132.07 feet;
thence South 88° 35'24" East 2.05 feet;
thence North 01' 24'36" East 101.61 feet to the Southerly right-of-way of Rhody ' e,
thence Southeasterly along said right-of-way along a curve to the right having a adi be in of
South 16°51'46"West,acentralangle ofb3°31'44",andaradius of691.18feet, for a dist ce o
42.57 feet;
thence South 01 °26'37" West 221.08 feet to the Point of Beginning.
Excepting therefrom that portion conveyed to Jefferso ty Fi�ct #1 under deed
recorded August 14, 2009 under Auditor's File No. 5 5 26, rec r of Jefferson County
Washington.
All Situate in the County of Jefferson, State of Was' on.
n -
A -33
n
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EXHIBIT B
SITE MAP
A-34
R
548726 Page 35 of 38 12/22/200904:09
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daries
Envelope - 5acres
Infrastructure
Chimacum Creek
— Power Line
Brown (Chimacum Dairy) Jefferson Land Trust N
Conservation Easement November, 2009
Exhibit 6 Aee
0 125 250 500
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EXHIBIT C
WATER RIGHT CLAIMS
Water Right Claim Certificates Record No 149366, 149368, 149369, and 149370. The
certificates capture the right to use three ground water wells with points of diversion within
Section 15,Township 29N, Range 1W, W.M. for the purpose of domestic use, stockwatering and
irrigation under Permit Nos. 149366, 149368, 149369 received in the Departure Ecology,
State of Washington the 21St day of March 1975, and surface water from Chimac reek with
points of diversion within Section 15, Township 29N, Range 1 W, W.M. fore p ose of
stockwatering, irrigation and pasture and cropland under Permit No. 1493 cei in he
Department of Ecology, State of Washington the 21 St day of March, 197
EXHIBIT D
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PERMITTED EXCEPTIONS
1. Easement for Chimacum Creek Irrigation Ditch, as disclosed by numerous instruments of
record.
2. The lands described herein have been classified as farm and agricultural and are subject to
the provisions of RCW 84.34 which include the requirement of a continuatiof restricted
use in order to continue to present assessment rate. A change in use can cause ncreased
assessment rate for present and past years.
A-36
a notice of
ounty
l or
cise tax
.ional
;gress
tion across
under
of the
Chimacum
,le body of
roses;
and other
.ds or
r artificially
A the state.
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7. Easement, including terms and provisions contained therein:
Recorded: June 9, 1994
Recording No.: 372655
In favor of: Puget Sound Power and Light Company, a Washington
corporation
For: Electric transmission and/or distribution system
Affects: Parcel C
8. Memorandum of option and the terms and conditions thereof:
Between: Jefferson Land Trust
And: Gloria Brown
Recorded: July 17, 2008
Recording No.: 535732
9. Easement, including terms and provisions contained t in: O
Recorded: November 30, 2009
Recording No: 548275
For: Utility System Maintena c Ease e t
O 0
O
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