HomeMy WebLinkAbout100917_cabs"\ CAB
615 Sheridan Street
*'ffmon Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Public Hea
October 2, 2017
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Tami Pokorny, Environmental Specialist II
Jefferson County Public Health
DATE: October 9, 2017
SUBJECT: Presentation: Update on Possible Removal of Jefferson County,
Grantee, from Brown Dairy Agricultural Conservation Easement
and RCO Sponsorship Obligations
STATEMENT OF ISSUE:
Jefferson County Environmental Public Health, in partnership with Jefferson Land Trust (JLT), requests
the opportunity to update the Board on efforts to possibly remove the County, as Grantee, from the Brown
Dairy Agricultural Conservation Easement (AFN 548726).
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
On May 15, 2017, Environmental Public Health, in partnership with Jefferson Land Trust, introduced a
May 8 letter from JLT requesting removal of the County, as Grantee, from the Brown (now referred to as
"Chimacum") Dairy Agricultural Conservation Easement. This easement is one of three acquired 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that time, the requirement for a public entity has been withdrawn and the Land Trust is eligible to hold
sole title to the easement and act as sole project sponsor of the associated grant agreement with RCO. A
process to possibly remove the County through approval of a draft Grant Deed is being developed that
also reaffirms the County's contribution of conservation futures funds.
FISCAL EMPACT/COST BENEFIT ANALYSIS:
There is no fiscal impact to the county's General Fund for this presentation.
RECOMMENDATION:
Review the letter from JLT and Amendment to Project Agreement (also submitted previously) and draft
Grant Deed. Discuss, ask questions and consider next steps.
REVIEWED BY:
ilip Mor, un minis for
Community Health Environmental Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487
JEFFERSON LAND TRUST
Jefferson County Commissioners
C/O Tami Pokorny
Jefferson County Environmental Health
615 Sheridan Street
Port Townsend, WA 98368
He ping the community pre erne open pace, 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
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 151004; 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
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
Jefferson County Commissioners
C/0 Tami Pokorny
Jefferson County Environmental Health
615 Sheridan Street
Port Townsend, WA 98368
He ping the communily preserve open .mace, 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
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
Jefferson Land Trust is a 501 (c) (3) nonprofit, 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
GRANT 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): Ptns GLA & RS Robinson DLC 14-29-1 W
Jefferson County ("Grantor"), relinquishes its interests as "Grantee" in an Agricultural
Conservation Easement except:
1. This Easement shall not be transferred or conveyed to third parties unless the document or
instrument reflecting the transfer of title reflects a written provision or clause providing
that the Easement shall be continued in strict conformance with Jefferson County Code at
Section 3.08.030(9) and the uses authorized under RCW 84.34.230. This Easement shall
not be converted to a different use unless and only if other equivalent lands or interest in
lands within the geographic jurisdiction of the governmental agency are received by the
Grantee in exchange. This section does not prevent the grant of easements or franchises or
the making of joint use agreements or other operations compatible with the use of a project
as provided for in this section and authorized under RCW 84.34.230.
2. Jefferson County reserves its right to receive a share (41 %) of proceeds in the event of
any extinguishment or termination of the 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°32'27" 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 88'3227" 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 I'
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 82° 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;
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 I 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 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.
Chairs 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: