HomeMy WebLinkAboutJefferson Land Trust - 022618c r = v 16,H 'mal h a0,25
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: Jefferson Land Trust
Project Title: Tarboo Creek, Farm and Forest
Contract Number: EH -17-025
Approval: Resolution No. 30-16
A. Parties to the Agreement
This Project Grant Agreement (Agreement) is entered into between County of Jefferson (County), PO
Box 1220, Port Townsend, Washington 98368 and Jefferson Land Trust (Sponsor), 1033 Lawrence
Street, Port Townsend, WA 98368, and shall be binding upon the agents and all persons acting by or
through the parties.
B. Purpose of the Agreement
This Agreement sets out the terms and conditions by which a grant is made through the Jefferson
County Conservation Futures Fund. The grant is administered by Jefferson County Public Health
Department on behalf of the project Sponsor.
C. Description of Project
The subject project is described in the Scope of Work (Appendix A), Resolution No. 30-16
(Appendix B), and Revised 2016 Conservation Project Application for the Tarboo Creek, Farm and
Forest Project (Appendix Q. Jefferson County Conservation Futures Funds ("CFF") in an amount
not to exceed $97,100 will be used towards the acquisition by Jefferson Land Trust of a conservation
easement (Appendix D) on the property known in the records of the Jefferson County Assessor as
APN#s 801204004 and 801204008.
The conservation easement will prevent subdivision of the property while allowing for continued
agricultural and silvicultural use. The following language will be included to protect the County's
interests in the open space and other conservation values of the property as presented in the
application for Conservation Futures funding:
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.
Placement of the conservation easement will be immediately preceded by a U.S. Navy Readiness and
Environmental Protection Integration (REPI)-funded easement (Appendix E) as described in the
letter from Jefferson Land Trust dated December 28, 2017 (Appendix F).
2016 Tarboo Creek, Farm and Forest
D. Periods of Performance
The Project reimbursement period for acquisition expenses shall begin on July 11, 2016 and end on
July 11, 2019 unless proof of match is provided prior to this date. No expenditure made before July
11, 2016 is eligible for reimbursement unless incorporated by written amendment into this
Agreement.
Annual reporting is required every October beginning in 2018 until three years after the acquisition
funds are dispersed.
E. Project Funding
The total grant award provided by the Conservation Futures Fund (CFF) for the Project shall not
exceed $97,100 and Jefferson County CFF shall not pay any amount beyond that approved herein for
funding of the Project. The Sponsor shall be responsible for no less than fifty-seven (57%) percent of
the total Project cost and all Project costs in excess of $97,100. The contribution by the Sponsor
toward work on the Project shall be as indicated below. The contribution by the County toward work
on the Project is described immediately above and in "C" above.
Cash match from the Navy contribution in excess of the fifty-seven (57%) percent specified in
Resolution No. 30-16 may be eligible for future applications consistent with JCC 3.08 and approved
conservation futures materials and guidelines, and subject to County approvals.
F. Unexpended Project Allocations
Should unexpected Project allocations, including (but not limited to) project completion at less than
the estimated cost or (alternatively) the abandonment of the Project occur, then the Sponsor shall
notify the County.
G. Rights and Obligations
All rights and obligations of the parties to this Agreement are subject to this Agreement and its
attachments, including the Sponsor's Revised Application and Jefferson County Conservation Futures
Program Manual for the 2016 Funding Cycle (Appendix G).
Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be
effective unless provided in writing. All such alterations, except those concerning the period of
performance, must be signed by both parties. Period of performance extensions need only be signed
by Jefferson Board of County Commissioners.
H. Indemnification
Sponsor shall indemnify, defend and hold harmless the County, its officers, agents and
employees, from and against any and all claims, losses or liability, or any portion thereof,
including attorneys fees and costs, arising from injury or death to persons, including injuries,
sickness, disease or death to Sponsor's own employees, or damage to property occasioned by
a negligent act, omission or failure of the Sponsor.
2 2016 Tarboo Creek, Farm and Forest
% Match
Required
Acquisition
(cash)
Totals
By
Match
Resolution
No. 30-16
Conservation Futures —
Tarboo Creek, Farm and
$97,100
$0
$97,100
See above
Forest
Project Sponsor Contribution
$180,500
$0
$180,500
57%
$147,128
$33,372
Totals
$277,600
$0
$277,600
F. Unexpended Project Allocations
Should unexpected Project allocations, including (but not limited to) project completion at less than
the estimated cost or (alternatively) the abandonment of the Project occur, then the Sponsor shall
notify the County.
G. Rights and Obligations
All rights and obligations of the parties to this Agreement are subject to this Agreement and its
attachments, including the Sponsor's Revised Application and Jefferson County Conservation Futures
Program Manual for the 2016 Funding Cycle (Appendix G).
Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be
effective unless provided in writing. All such alterations, except those concerning the period of
performance, must be signed by both parties. Period of performance extensions need only be signed
by Jefferson Board of County Commissioners.
H. Indemnification
Sponsor shall indemnify, defend and hold harmless the County, its officers, agents and
employees, from and against any and all claims, losses or liability, or any portion thereof,
including attorneys fees and costs, arising from injury or death to persons, including injuries,
sickness, disease or death to Sponsor's own employees, or damage to property occasioned by
a negligent act, omission or failure of the Sponsor.
2 2016 Tarboo Creek, Farm and Forest
I. Insurance
The Sponsor shall secure and maintain in force throughout the duration of this contract
policies of insurance as follows:
If and only if the Sponsor employs any person(s) in the status of employee or employees
separate from or in addition to any equity owners, sole proprietor, partners, owners or
shareholders of the Sponsor, Worker's Compensation Insurance in an amount or amounts
that are not less than the required statutory minimum(s) as established by the State of
Washington or the state or province where the Sponsor is located.
Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non -owned vehicles assigned to or used in
the performance of the work for a combined single limit of not less than $500,000 each
occurrence with the County named as an additional insured in connection with the
Sponsor's performance of the contract.
General Commercial Liability Insurance in an amount not less than a single limit of one
million dollars ($1,000,000) per occurrence and an aggregate of not less than two (2)
times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
C. Broad Form Contractual/Commercial Liability — including completed operations;
d. Premises — Operations Liability (M&C);
C. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified
financial institution.
The County shall be named as an additional insured party under this policy.
Certificates of coverage as required by this section shall be delivered to the County
within fifteen (15) days of execution of this agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County
prior to the approval of the contract by the County. At the option of the County, the
insurer shall reduce or eliminate deductibles or self-insured retention or the Sponsor shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Sponsor shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all of the requirements stated herein.
2016 Tarboo Creek, Farm and Forest
Failure of the Sponsor to take out and/or maintain any required insurance shall not relieve
the Sponsor from any liability under the Agreement, nor shall the insurance requirements
be construed to conflict with or otherwise limit the obligations concerning
indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation
against the County (including its employees and other agents and agencies), it being the
intention of the parties that the insurance policies so affected shall protect both parties
and be primary coverage for any and all losses covered by the above described insurance.
It is further agreed by the parties that insurance companies issuing the policy or policies
shall have no recourse against the County (including its employees and other agents and
agencies) for payment of any premiums or for assessments under any form of policy. It is
further agreed by the parties that any and all deductibles in the above described insurance
policies shall be assumed by and be at the sole risk of the Sponsor.
It is agreed by the parties that judgments for which the County may be liable, in excess of
insured amounts provided herein, or any portion thereof, may be withheld from payment
due, or to become due, to the Sponsor until such time as the Sponsor shall furnish
additional security covering such judgment as may be determined by the County.
The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
Any coverage for third party liability claims provided to the County by a "Risk Pool"
created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy
of insurance the Sponsor must provide in order to comply with this Agreement.
If the proof of insurance or certificate indicating the County is an "additional insured" to
a policy obtained by the Sponsor refers to an endorsement (by number or name) but does
not provide the full text of that endorsement, then it shall be the obligation of the Sponsor
to obtain the full text of that endorsement and forward that full text to the County.
The County may, upon the Sponsor's failure to comply with all provisions of this
contract relating to insurance, withhold payment or compensation that would otherwise
be due to the Sponsor.
J. Independent Contractor
The Sponsor and the County agree that the Sponsor is an independent contractor with respect
to the services provided pursuant to this agreement. Nothing in this agreement shall be
considered to create the relationship of employer and employee between the parties
hereto. Neither Sponsor nor any employee of Sponsor shall be entitled to any benefits
accorded County employees by virtue of the services provided under this agreement. The
County shall not be responsible for withholding or otherwise deducting federal income tax or
social security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to Sponsor, or any employee of Sponsor.
The Sponsor shall not sublet or assign any of the services covered by this contract without the
express written consent of the County or its authorized representative. Assignment does not
include printing or other customary reimbursable expenses that may be provided in an
agreement.
2016 Tarboo Creek, Farm and Forest
K. Ownership and Use of Documents
All documents, drawings, specifications and other materials produced by the Sponsor in
connection with the services rendered under this agreement shall be the property of the
Sponsor whether the project for which they are made is executed or not. The County shall be
permitted to retain copies, including reproducible copies, of drawings and specifications for
information, reference, and use in connection with the Sponsor's endeavors.
L. Compliance with Applicable Statutes, Rules, and Jefferson County Policies
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal
laws and regulations, including RCW 84.34.210, and published agency policies, which are
incorporated herein by this reference as if fully set forth.
M. Sponsor's Accounting Books and Records
The Sponsor shall maintain complete financial records relating to this contract and the
services rendered including all books, records, documents, receipts, invoices, and all other
evidence of accounting procedures and practices which sufficiently and properly reflect all
direct and indirect cost of any nature expended in the performance of this contract. The
Sponsor's records and accounts pertaining to this agreement are to be kept available for
inspection by representatives of the County and state for a period of six (6) years after the
date of the final payment to Sponsor. Copies shall be made available upon request.
N. Licensing, Accreditation and Registration
The Sponsor shall comply with all applicable local, state and federal licensing, accreditation,
permitting, and registration requirement/standards necessary for the performance of this
contract.
O. Disputes
Except as otherwise provided in this contract, when a bona fide dispute arises between
Jefferson County and the Sponsor and it cannot be resolved, either party may request a
dispute hearing with a mediator assigned by or associated with Jefferson County District
Court. Either party's request for a dispute hearing must be in writing and clearly state:
a. the disputed issue(s),
b. the relative positions of the parties, and
c. the Sponsor's name, address and Agency contact number
These requests must be mailed to the Project Manager, Jefferson County Environmental
Public Health Department, 615 Sheridan St., Port Townsend, WA 98368, within fifteen (15)
days after either party received notice of the disputed issue(s). The parties agree that this
dispute process shall precede any action in a judicial or quasi-judicial tribunal. The parties
will split evenly the cost of mediation or whatever form of dispute resolution is used.
P. Termination for funding
Jefferson County may unilaterally terminate this contract in the event funding from state,
federal, or other sources are withdrawn, reduced, or limited in any way after the effective date
of this contract.
Q. Termination for Convenience
The County reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Sponsor.
R. Assignment
The Sponsor shall not sublet or assign any interest in this Agreement, and shall not transfer
any interest in this agreement without the express written consent of the County.
2016 Tarboo Creek, Farm and Forest
T. Non -Waiver.
Waiver by the County of any provision of this agreement or any time limitation provided for
in this agreement shall not constitute a waiver of any other provision.
U. County Does Not Assume Additional Duties
The County does not assume any obligation or duty, except as required by federal or state
law, to determine if Sponsor is complying with all applicable statutes, rules, codes ordinances
or permits.
V. Agreement Representatives
All written communications sent to the Sponsor under this Agreement will be addressed and
delivered to:
Sponsor Contact Conservation Futures Program Contact
Sarah Spaeth, Director of Conservation Jefferson County Environmental
Jefferson Land Trust Public Health — Conservation Futures
1033 Lawrence St. 615 Sheridan Street
Port Townsend, WA 98368 Port Townsend, WA 98368
These addresses shall be effective until receipt by one party from the other of a written notice of any
change.
W. Entire Agreement/Severability
This agreement, along with all attachments, constitutes the entire agreement of the parties. No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. If
any part of this Agreement is ruled or adjudicated to be unlawful or void, all other sections of this
Agreement shall continue to have full force and effect.
X. Effective Date
This agreement, for the 2016 Tarboo Creek, Farm and Forest Project shall be effective upon signing
by all parties.
Y. Venue
Venue for any litigation arising from this Project Agreement shall be only in the Superior Court In
and for Jefferson County. Each party to this agreement shall be responsible for their litigation costs,
including attorney's fees.
DATED this G� day of 2018.
By
David SWIN3n, Chair
Jefferson Board of County Commissioners
ATTEST:
By Bye
Jefferson Land rust Carolyn Gall ay, Deputy Clerk of t�
Board
APPROVED AS TO FORM ONLY:
By '���lr
Philip Hunsucker, Chief Civil Deputy
Prosecutor
2016 Tarboo Creek, Farm and Forest
APPENDIX A
Scope of Work
Jefferson Land Trust, as project sponsor "Sponsor", will perform the following tasks in order to
implement the Tarboo Creek, Farm and Forest Project:
Task 1: Acquire Matching Contribution
Sponsor will secure the necessary matching contribution of no less than fifty-seven percent (57%) of
the total project cost. The match must be in an eligible form consistent with JCC 3.08.030(5).
Deliverable la: Matching contribution(s) of no less than 57% of the total project cost.
Task 2: Perform Operations and Maintenance
Fence the expanded stream habitat zone, control invasive species, and replant stream buffers with
native trees and shrubs.
Deliverable 2a: Letter and photos confirming performance of O & M work.
Task 3: Acquire REPI and Conservation Easement on Subject Properties
Sponsor will acquire a REPI and conservation easement on the subject property, APN#s 801204004
and 801204008, incorporating the Conservation Futures Program conservation easement language in
item "C" of this agreement.
Deliverable 3a: Recorded REPI and Conservation Easement.
Task 4: Reporting
Sponsor will monitor and report on the conservation easement as described in item "D" of this
agreement and submit required reports to the Conservation Futures Citizen Oversight Committee
(through staff) in the format provided.
Deliverable 4a: Completed Annual Reports.
2016 Tarboo Creek, Farm and Forest
APPENDIX B
Resolution No. 30-16
APPENDIX C
Revised 2016 Conservation Project Application for the Tarboo Creek, Farm and Forest
APPENDIX D
Conservation Easement
APPENDIX E
U.S. Navy Readiness and Environmental Protection Integration (REPI) Easement
APPENDIX F
Jefferson Land Trust dated December 28, 2017
APPENDIX G
Jefferson County Conservation Futures Program Manual for the 2016 Funding Cycle
2016 Tarboo Creek, Farm and Forest
Cc
(t 1 STATE OF WASHINGTON
County of Jefferson
Dedication of Conservation Futures Funds to the }
Tarboo Creek, Farm, and Forest project as }
Authorized by and in Accordance with Jefferson } RESOLUTION NO. 30-16
County Code Section 3.08.030(7) to Provide }
a System of Public Open Spaces )
WHEREAS, conservation futures tax levy collections, authorized under RCW 84.34.230
are an important means of retaining community character and accomplishing the open space policies
and objectives of the Jefferson County Comprehensive Plan that encourage the coordinated acquisition
of key open space lands for long-term protection; and
WHEREAS, Jefferson County is authorized by RCW 84.34.210 and 84.34.220 to
acquire open space land, agricultural and timber lands as defined in RCW 84.34.220; and
WHEREAS, the Conservation Futures Citizen Oversight Committee has reviewed
project applications for 2016 and made its funding recommendations to the Board of County
Commissioners in accordance with Jefferson County Code Chapter 3.08; and
WHEREAS, under the provisions of the Jefferson County Conservation Futures
Program, the Jefferson Land Trust, as project sponsor, requests funding towards the acquisition of a
conservation easement on two parcels of agricultural land in Sec. 20 T. 28N, R. 1 W with Assessor's
Parcel Numbers 801204004 and 801204008; and
WHEREAS, the County retains enough developable land to accommodate the Tarboo
Creek, Farm, and Forest project as well as the housing and employment growth that it is expected to
receive, thus satisfying the requirements of Chapter 449, Laws of 2005; and
WHEREAS, Jefferson County considers it in the best public interest to contribute
financially to this open space project.
NOW, THEREFORE BE IT RESOLVED that:
Jefferson County hereby dedicates up to $97,100 in conservation futures funds in the
2016 funding cycle for acquisition expenses contingent on a matching contribution of
fifty-seven percent (57%) of the total project cost.
Resolution No. 30-16 re: Dedication of Conservation Futures Funds to Tarboo Creek, Farm, and
Forest project
2. This dedication of funding may be nullified if a submittal for reimbursement,
accompanied by documentation of matching funds sufficient to complete the
acquisition, is not received from the sponsor within three years of the signing of this
resolution.
APPROVED AND;4 OPTED
SE,AL:.
41
ATTEXZ,
this day of , 2016 in Port Townsend, Washington.
JEFFERSON COUNTY
BOARD OF COMMIS�SI�ONERS
Kathleen Kler, Chair \
(e Cwt c ' iC_ /9-" rte e
Phil 7Mul
, Membe
EIin Lundgren
Clerk of the Board Davi , Member
REVISED VERSION 2013 Conservation Futures Application and Ratings Sheet
01.2018
k4w¢S°N 2016 Jefferson County Conservation Futures Program
Property Acquisition and/or
IN ��SHo Operations and Maintenance Project Application
Please complete the following application in its entirety. Be sure to answer "N/A"for questions that
don't apply to the project. Incomplete applications will not be accepted for consideration.
Unless directed otherwise, use as much space as needed to answer each question.
Contact program staff at 385-4498 or tpokorny@co.jefferson.wa.us with questions.
Background and Eligibility Information
1. Project Title: Tarboo Creek, Farm, and Forest
2a. Conservation Futures Acquisition Request: $97,100
b. Conservation Futures O&M Request: 0
3. Total Conservation Futures Request: $97,100
4. Please indicate the type of interest contemplated in the acquisition process.
Warranty Deed X Easement _ Other (Please describe below)
In whose name will the property title be held after acquisition?
Jefferson Land Trust will hold title to the conservation easement.
5. Applicant Information
Name of Applicant or Organization: Northwest Watershed Institute
Contact: Peter Bahls
Title: Executive Director/Conservation Biologist
Address: 3407 Eddy Street, Port Townsend, WA 98368
Phone: (360) 385-6786 Fax: (360) 385-2839
Email: peter@nwwatershed.org
6. Sponsor Information: (if different than applicant)
Organization Name: Jefferson Land Trust
Contact: Sarah Spaeth
Title: Director of Conservation and Strategic Partnerships
Address: 1033 Lawrence St., Port Townsend, WA 98368
Phone: (360) 379-9501, ext. 101 Fax: 360-379-9897
Email: sspaeth@saveland.org
1
2013 Conservation Futures Application and Ratings Sheet
This application was approved by the sponsor's legally responsible body (e.g., board, council, etc.) on
February 16, 2016.
7. Site Location
Street Address or Description of Location: Radka Farm, 999 Old Tarboo Road, Quilcene, WA.
Driving Directions from Port Townsend: Turn right at the Chimacum 4 -way stop onto Center Road,
proceed south under Hwy 104, left onto Dabob Road and proceed 2 miles, right on Old Tarboo
Road and then immediate right onto gravel road heading north, stay on main road to red
barn.
Section: 20 Township:28 N Range: 1W
Assessor's Parcel Number(s); 801204004 and 801204008
Please differentiate current and proposed ownership of each APN and indicate if the parcel is to be
acquired with CF funds or used as match. Both parcels to be protected under one conservation
easement.
Please list the assessed values for each property or APN, as applicable.
3 acre parcel (801204008) - $19,500, reduced under Open Space -Ag $675
30 acre parcel (801204004) - $479,263, reduced under Open Space -Ag $256,524
8. EXISTING CONDITIONS
New Site: X Yes No
Addition to Existing Site: Yes No
Total Project Acreage (if different)
Existing Structures/Facilities: None
Number of Parcels: 2
Acres to Be Acquired: 33
Current Zoning: 1 per 20
Any current covenants, easements or restrictions on land use: No
Current Use: Farm and residence
Waterfront (name of body of water): Tarboo Creek
Shoreline (linear feet): 1,700 feet along mainstem Tarboo Creek
Owner Tidelands/Shorelands: NA
9. Current Property Owner X is is not a willing seller.
10. In 1000 words or less, provide a summary description of the project, the match, overarching goal,
and three top objectives. Include information about the physical characteristics of the site that is
proposed for acquisition with Conservation Futures Program funds including: vegetation,
topography, surrounding land use, and relationship to parks, trails, and open space. Describe the use
2
2013 Conservation Futures Application and Ratings Sheet
planned for the site, any development plans after acquisition (including passive development),
characteristics of the site which demonstrate that it is well-suited to the proposed use, and plans for
any structures currently on the site. If applicable, describe how the site relates to the larger project,
and whether the project has a plan, schedule and funding dedicated to its completion. Please also list
any important milestones for the project or critical dates, e.g, grant deadlines. List the dates and
explain their importance. Please attach a spreadsheet of the budget.
Since 2002, Northwest Watershed Institute and over 40 partnering organizations have been
working to protect and restore the Tarboo watershed, from the headwaters of Tarboo Creek to
Tarboo-Dabob Bay, with over 3,500 acres conserved to date. The proposed project will
permanently protect a key property along the mainstem of Tarboo Creek, with a conservation
easement to be held by the Jefferson Land Trust.
The conservation easement will permanently protect farmland, forests, and fish and wildlife
habitat on the 33 acre property owned by David and Linda Radka and located in the middle of the
Tarboo valley and comprised of two adjoining 3 and 30 acre parcels (the "Property").
The conservation easement will include four conservation zones as generally shown on the
attached map. The easement as a whole and each zone will have specific protections as
summarized below. In general, the conservation easement will prevent subdivision, residential
development on the undeveloped parcel, and clearcutting of the existing high quality mature
forest, as well as expand permanently protected stream buffers and enhance wildlife habitat.
Overall easement
The 33 -acre Property will be kept whole. Subdivision or sale of a portion of the Property will be
prohibited.
A total of one house and one additional dwelling unit (ADU) will be allowed on the Property.
Development of a second house site on the 3 -acre undeveloped parcel or elsewhere on the Property
will be prohibited.
The number and size of other outbuildings and structures (barns) will be limited in the
conservation easement to the existing barns and a few potential additional small outbuildings.
The conservation easement will not provide a right of public access. However, to give people a
better understanding and appreciation of Tarboo Creek and conservation efforts here, the
landowners will allow, at their sole discretion, access for supervised tours, field science surveys
and research by Northwest Watershed Institute, Jefferson Land Trus, and others.
1. Residential zone
The residential zone includes a one acre area around the existing house, yard and large barn. In
general, the easement does not limit any uses within this area. An ADU and other structures may
be built within this area.
2. Farmland zone
In the farmland zone, which includes the pastures, orchard and hay fields, as well as the smaller
barn on the 3 acre parcel, agricultural uses will be allowed, such as growing crops or livestock,
2013 Conservation Futures Application and Ratings Sheet
amending soils, maintaining irrigation, and drainage systems, fencing, and other farmland
improvements. The easement will allow maintenance of existing roads and a bridge crossing of a
tributary to Tarboo Creek in this zone. In addition, the easement will allow the potential ADU to
be sited in this zone west of the creek (if the landowners decide not to locate it in the residential
zone), and will limit the number and size of additional agricultural buildings or structures.
I- Forest znne
In the forest zone, clear -cutting will be prohibited. Selective thinning will be permitted with the
goal of maintaining older forest that provides sustainable income, maintains habitat and scenic
values, and restores some old growth forest habitat features over time (including protection of a
minimum number of the largest conifers per acre). The general goals of the forest management
will be written into the easement and the detailed plans will be worked out in an accompanying
forest management plan. No structures or permanent roads will be permitted in this zone.
4. Stream habitat zone
A wildlife habitat area will be preserved along the mainstem of Tarboo Creek ranging from 50 to
150 feet on each side of the creek depending on the location (as generally shown on the map). The
stream buffer will be substantially wider than currently occurs. No structures, logging, livestock,
or other potential impacts in this area will be permitted.
To protect and enhance the stream habitat, Northwest Watershed Institute's will raise matching
O&M funds to fence the new stream buffers, remove invasive species and plant riparian areas.
El
2016 JCCF PROPOSAL - TARBOO CREEK, FOREST,
AND FARM (REVISED DECEMBER 20, 2017)
Item
JCCF
Request
Match
Total
Cost
Total Estimated Value of Conservation Easement
60,000
68;8()8
128,000
178.000
238.000
Acquisition Related Costs:
Appraisal
7,500
0
7,500
Staff Time (Limited to 5% of Total Proj. Cost)
10,000
0
10,000
Legal Fees - prepare CE
7,000
0
7,000
Excise Tax
1050
0
1,050
Recording Fees
250
0
250
Settlement Fees
800
0
800
Title Insurance
500
0
500
Baseline report
0
2,500
2,500
Survey - property boundaries
10,000
0
10,000
Total of Acquisition Related Costs
37,100
2,500
39,600
Stews sship-p4aj4
8
2-,808
2 -,GW
GUIt„Fal Fena„FGe assessment FepeFt and permitting
0
�08
&,-GW
Conning n stream bU#ers 75.00 ft x @7/#
()
1�7 60()
,6�0�()
()
20,000
20,000
$1 000ia
Planting native r Finn +roan and shFubs Ann x
0
,16,0()()
16,000
$4
()
���
'7,000
4TOW��
Total of G&M Related G
C764,500
64,600
Total Project Costs
97,100
127,000
224,100
180,500
277,600
E_
2013 Conservation Futures Application and Ratings Sheet
Conservation easement (CE) value was estimated by NWI and JLT based on numerous previous
appraisals of conservation easements in the Tarboo valley.
O & M costs were estimated based on NWI's 15 years experience in completing similar invasive
removal and planting projects along Tarboo Creek. The fencing estimate was provided by Kiwi
Fencing. See budget above.
Schedule
August 2106 — JLT and NWI start work with landowners to prepare conservation easement,
appraisal, and survey. NWI seeks funding for O&M work.
May 2017 — JLT purchases conservation easement from David and Linda Radka.
July 2017 — NWI removes invasive plants and Kiwi fencing installs riparian fencing.
Jan 2018 — NWI plants fenced riparian areas.
Jan 2020 — NWI conducts supplemental planting as needed.
Jan 2018-21— NWI conducts four additional years of invasive species control.
Ia. Sponsor or other organizations X will will not contribute to acquisition of proposed site and/or
operation and maintenance activities.
b. If applicable, please describe below how contributions from groups or agencies will reduce the need
to use Conservation Futures program funds. Please note: the CFF contribution is a maximum of
43% of the new total project cost up to $97,100
c. Matching Fund Estimate Acquisition O&M % Surplus
Conservation Futures Funds Requested $97,100 $0 43% Match
Matching Funds/Resources* $180,500 $ 57% $33,372
Total Project Acquisition Cost $ V77,600 $ 100%
* If a prior acquisition is being proposed as match, please describe and provide documentation of value,
location, date of acquisition and other information that would directly link the match to the property
being considered for acquisition.
d. Source of matching Amount of Contribution If not, Contribution If not,
funds/resources contribution approved? when? available now? when?
Radka CE value $1$59,000 1 Yes No Yes No
NWI $12,500; NWI will provide O & M as in #2b. Yes -Nu- 20f-7-
NAVY REPT $178,000 Yes es
NOTE: Matching funds are strongly recommended and a higher rating will be assigned to those
projects that guarantee additional resources for acquisition. Donation of property or a property
R
r
2013 Conservation Futures Application and Ratings Sheet
right will be considered as a matching resource. Donation of resources for on-going maintenance or
stewardship ("in-kind" contributions) are not eligible as a match.
2a.Sponsoring agency X is _is not prepared to provide long-term stewardship (maintenance, up -keep,
etc.) for the proposed project site.
b. Describe any existing programs or future plans for stewardship of the property, including the nature
and extent of the commitment of resources to carry out the stewardship plan.
Jefferson Land Trust will conduct annual monitoring of the property along with the many other
properties in Tarboo watershed that are protected by conservation easements.
A detailed stewardship plan for the farm, forest and stream habitat zones will be completed with
the conservation easement.
Northwest Watershed Institute will raise funds from private donations and grants to conduct the
proposed O&M activities as a match to eonservation Futures fundin . The O&M work includes
protecting the expanded stream habitat zone of the conservation easement by fencing, control of
invasive species such as blackberry and reed canarygrass, and replanting stream buffers with
native trees and shrubs. NWI also plans to replace two undersized bridge crossings of the creeks,
but these are not included in as O&M match funding.
3a.Describe the sponsoring agency's previous or on-going stewardship experience.
Jefferson Land Trust, formed in 1989 and accredited in 2009, will hold the conservation easement
on the Radka property. The Land Trust has been stewarding conservation easements since 1991
and currently holds and monitors 54 conservation easements in Jefferson County, in addition to
conducting monitoring and stewardship activities on the 512 acres it owns. Stewardship activities
are carried out by professional staff with the assistance of volunteer Preserve Stewards. The Hoh
River Trust and Washington State Parks contract with Jefferson Land Trust to monitor and
steward nearly 7400 acres of land under their control. In addition, Jefferson Land Trust stewards
land owned by Jefferson County, the City of Port Townsend and Department of Natural
Resources. Jefferson Land Trust stewardship and monitoring protocols were developed with the
guidance of the Land Trust Alliance and adherence to those protocols is one of the requirements
for our national accreditation.
Northwest Watershed Institute has over 15 years of experience conducting habitat stewardship
and restoration projects in the Tarboo watershed. In 2016, NWI completed a very similar stream
restoration project on the adjoining conservaton easement protected property to the north, owned
by Mark and Tami Pokorny. In addition, consulting forester Mike Cronin, has extensive
experience in forestry and will be helpful assisting in developing the forest stewardship plan.
b. Has the sponsor and/or applicant of this project been involved in other projects previously approved
for Conservation Futures funding?
7
2013 Conservation Futures Application and Ratings Sheet
No, neither the sponsor nor applicant has been involved in a project previously approved for
Conservation Futures funds.
X Yes, the sponsor and/or applicant for this project has been involved in a project previously approved
for Conservation Futures funds. Please provide details:
Yes. Six conservation easement projects proposed by NWI and JLT were previously approved for
Conservation Futures funding as part of the landscape scale conservation project in the Tarboo
watershed and all have been successfully completed.
4 a. Property X can _cannot feasibly be acquired in a timely fashion with available resources.
b. Necessary commitments and agreements X are _are not in place.
c. All parties X are _are not in agreement on the cost of acquisition.
If "not" to any of the above, please explain below.
5. The proposed acquisition X is specifically identified in an adopted open space, conservation, or
resource preservation program or plan, or community conservation effort. Please describe below,
including the site's importance to the plan. Please reference the website of the plan if available or
include the plan with this application.
_complements an adopted open space or conservation plan, but is not specifically identified. Please
describe below, and describe how the proposed acquisition is consistent with the plan.
is a stand-alone project.
The proposed project is identified as a conservation priority in the following plans —
Jefferson Land Trust's Jefferson County Conservation Plan (2010) identifies the property as a
priority within three areas — habitat, agriculture, and forestry.
http://saveland.org/linkFiles/web forms/2010 JLT ConservationPlan_LoRes pdf
The Tarboo/Dabob Bay Implementation Strategy, a Sub -Plan of JLT's Jefferson County
Conservation Plan, identifies the priority as a priority within the stream corridor priority
conservation area along the mainstem of Tarboo Creek.
The property is a priority in Northwest Watershed Institute's Tarboo Watershed Conservation
Strategy to protect and restore a stream and wetland corridor from the headwaters of Tarboo
Creek to Dabob Bay (objective 1) and conserving forestland in the watershed (objective 3).
(ht(p://wwit.nwwatershed.org/conservation-strategy.btml .
The proposed properties are within a priority terrestrial conservation area identified and mapped
in the Willamette Valley- Puget Trough- -Georgia Basin Ecoregional Assessment (2004 Floberg et
al). This priority area includes much of the Tarboo and Thorndyke watersheds. The Ecoregional
plan, developed by Washington Department of Fish and Wildlife and The Nature Conservancy, is
one of the primary conservation plans for Puget Sound and has received extensive public and
scientific review.
2013 Conservation Futures Application and Ratings Sheet
6. Conservation Opportunity or Threat:
a. The proposed acquisition site X does _does not provide a conservation or preservation opportunity
which would otherwise be lost or threatened.
b. If applicable, please carefully describe the nature and immediacy of the opportunity or threat, and any
unique qualities about the site.
The property owners are nearing retirement and have a limited opportunity to arrange for long-
term conservation of the property. If not protected by conservation easement, the property could
be split and sold as two separate parcels, with the smaller parcel developed as a second residential
site and the mature timber could be clearcut.
7. The proposed acquisition:
X_ provides habitat for State of Washington Priority Habitat and/or State or Federal Threatened,
Endangered or Sensitive species.
X provides habitat for a variety of native flora or fauna species.
X contributes to an existing or future wildlife corridor or migration route.
If affirmative in any of the above, please describe and list the Priority Habitat(s) and Threatened, Endangered, or
Sensitive species below, and cite or provide documentation of species' use. I
Priority and Listed Species on-site
Mainstem Tarboo Creek and tribs
Western toad
Pileated woodpecker
Puget Sound steelhead
Hood Canal coho salmon
Priority Riparian Habitat
State Candidate and Federal Species of Concern
State Candidate
State Candidate and Federal Threatened
Federal Species of Concern
Listed Species benefited downstream in Tarboo-Dabob Bay (documented rearing habitat)
Hood Canal summer chum salmon State Candidate and Federal Threatened
Puget Sound Chinook salmon State Candidate and Federal Threatened
Provides habitat for a variety of native flora and fauna
The location of the project along Tarboo Creek, proximity to the Tarboo Wildlife Preserve, and
diversity of habitats to be protected (fields, forest, streams, pond and wetlands) provides for very
high variety of fish, wildlife, bird, amphibian and plant species.
Wildlife corridor
The proposed project is a key addition to a landscape -scale wildlife corridor along Tarboo Creek,
from the headwaters to Tarboo-Dabob Bay. The property also provides a wildlife corridor from
the stream to surrounding uplands. Cougar, bobcat, deer, black bear, and other large mammals
use these areas, as well as diversity of amphibians, reptiles, and birds.
' See, for example, http•//www.dnr.wa.gov/researchscience/topics/naturalheritage/pa esg /amp nh.aspx
http://www.wdfvv.wa.gov/conservation/phs/list/
http•//wwwl dnrwa. og_v/nhp/refdesk/plants.html
http•//wwwl.dnr.wa.gov/nhp/refdesk/pubs/wa ecological systems.pdf
6
2013 Conservation Futures Application and Ratings Sheet
Note — Species and habitats were documented on the property by NWI in salmon spawning and
wildlife surveys and visits conducted since 2002. Juvenile rearing salmon species in Tarboo-
Dabob Bay documented by NWI and Port Townsend Marine Science Center in 2004
assessment http://www.nwwatershed.org/pubs/tarbooFishSurvey.pdf
8 a. Describe the extent and nature of current and planned agricultural use of the proposed acquisition,
including any anticipated changes to that use once the property, or property right, is acquired with
Conservation Futures funds.
The agricultural zone of the conservation easement includes the existing pastures, orchard and
hay fields, as well as the smaller barn on the 3 acre parcel. Agricultural uses will be permitted
such as growing crops or livestock, amending soils, maintaining irrigation, and drainage systems,
fencing, and other farmland improvements. However, the easement will limit other uses in this
zone, with the exception of a potential Additional Dwelling Unit (ADU). Additional agricultural
structures will be limited in size and number in the easement to prevent impacts to prime
agricultural soils.
b. Describe any participation by the current property owner in any other agricultural land conservation
programs that enhance wildlife habitat including the program and nature of the involvement.
The landowner is applying for NRCS EQIP funding to help NWI fund the riparian fencing.
c. Is the owner implementing an approved farm plan, or equivalent system of management practices, that
is sufficient to meet federal and state standards for soils and water quality on the farm?
No, but the agricultural use is low impact and a farm plan will be developed as part of the
stewardship plan required as part of the conservation easement to be placed on the property.
9. a. Describe how the proposed acquisition benefits primarily a _local area X broad county area
including the area served, the nature of the benefit, the jurisdictions involved, and the populations
served.
The proposed project benefits a broad county area because it is a key part of much larger
conservation effort that spans from the headwaters of Tarboo Creek to the state's Dabob Bay
Natural Area. In particular, Dabob Bay has been recognized as a state and national priority for
conservation and the proposed project will help protect Tarboo Creek - the main freshwater
stream entering the Tarboo-Dabob Bay estuary and critical for its water quality.
b. Is the project located in an area that is under -represented by CF funded Projects? Areas that
Conservation Futures has not been able to support to date include Marrowstone Island, Toandos
Peninsula, Dosewallips Valley, Bolton Peninsula, and the West End. No
10. Describe the educational or interpretive opportunities that exist for providing public access,
educational or interpretive displays (signage, kiosks, etc.) on the proposed site, including any plans to
provide those improvements and any plans for public accessibility.z
2 The words "education' and "interpretation' are interpreted broadly by the CF Committee.
10
2013 Conservation Futures Application and Ratings Sheet
Because the property includes a strong mix of forestry, farm and stream habitat, it provides an
excellent opportunity to educate the public on a variety of sustainable land management practices
and the larger Tarboo watershed conservation project. The owners are willing to allow access for
supervised tours, field science surveys, and research. Northwest Watershed Institute's "base of
operations" for education and public involvement is the nearby 400 acre Tarboo Wildlife
Preserve, so the proposed project will be a valuable addition to overall public outreach programs.
11. The proposed acquisition X includes historic or culturally significant resources3 and
is registered with the National Register of Historic Places, or an equivalent program.
is recognized locally as having historic or cultural resources.
X is adjacent to and provides a buffer for a historic or cultural site.
If affirmative in any of the above, please describe below, and cite or provide documentation of the
historical or cultural resources.
Four Native American tribes have treaty reserved fishing, hunting and gathering rights in the
Tarboo watershed (Point No Point Treaty of 1855). Many of the indigenous plants and animals are
considered by the tribes to be important cultural resources, critical to the survival of tribal
religious and social traditions. The proposed project conserves native plants and wildlife that are
considered cultural resources by the tribes, including three species of salmon, deer, plants used for
food, medicinal and religious purposes.
12a. Describe the extent and nature of current and planned silvicultural use of the proposed acquisition.
Please cite or provide documentation of existing or planned silvicultural activities including forest
management plan(s).
In the forest zone, clear -cutting will be prohibited. Selective thinning will be permitted with the
goal of maintaining older forest that provides sustainable income, maintains habitat and scenic
values, and restores some old growth forest habitat features over time (including protection of a
minimum number of the largest conifers per acre). The general goals of the forest management
will be written into the easement and the detailed plans will be worked out in an accompanying
forest management plan. No structures or permanent roads will be permitted in this zone.
b. Describe any participation by current property owner in silviculture conservation programs, including
the program and nature of the involvement.
The property owners are enrolling in the NRCS EQIP program, which may provide funding for
developing a detailed forest management plan.
c. Describe the owners' plans for utilizing "clear cutting' , if applicable.
The owners do not plan to use clear cutting, as discussed above.
3 Cultural resources means archeological and historic sites and artifacts, and traditional religious ceremonial and
social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44
and 27.53 RCW.
4 "Clearcut" means a harvest method in which the entire stand of trees is removed in one timber harvesting operation.
Except as provided in WAC 222-30-110, an area remains clearcut until:
It meets the minimum stocking requirements under WAC 222-34-010(2) or 222-34-020(2); and
11
2013 Conservation Futures application and Ratings Sheet
Verification
13. Sponsors of applications that are approved for funding by the Board of County
Commissioners are required to submit a brief progress report by October 30 every year for three
years after the award is approved, or three years after the acquisition funds are disbursed to the
applicant, whichever is later. The progress report must address any changes in the project focus or
purpose, progress in obtaining matching funding, and stewardship and maintenance. Sponsors
receiving O&M funds will also submit an annual report for each year that O&M funds are expended.
The Committee will use the information to develop a project "report card" that will be submitted
annually to the Board of County Commissioners.
If this application is approved for funding, I understand the sponsor is required to submit
progress reports for three years and for any year in which O&M funds are expended.
Initials March 7; 2016Date
14. If, three years after the date funding is approved by the Board of County Commissioners, the
applicants have not obtained the required matching funds, the Committee may request the Board of
County Commissioners to nullify their approval of funds, and may require the
project to re -apply.
If this application is approved for funding, I understand that we may be required to re -submit the
application if the project sponsor does not obtain the necessary matching funding within three years.
Initials March 7 2014 Date
Attachments
Maps and photos of the proposed project (also emailed in PDF format)
Willing landowner letters from David and Linda Radka
12
Linda and David Radka
999 Old Tarboo Road
Quilcene, WA 98376
March 1, 2016
Peter Bahls, Director
Northwest Watershed Institute
3407 Eddy Street
Port Townsend, WA 98368
Dear Peter.
I am writing to express support for the 2016 Tarboo Creek Conservation Easement grant proposal by
Northwest Watershed Institute and Jefferson Land Trust to the Jefferson County Conservation Futures
program.
We are interested in selling a conservation easement to Jefferson Land Trust for $60,000. We
understand this may represent a partial donation (bargain sale) if the appraisal comes in higher than
our requested amount. Of the $60,000 sale price, we plan to donate $30,000 back to Jefferson Land
Trust upon closing to pay the one-time stewardship fee.
The conservation easement will permanently protect farmland, forests, and fish and wildlife habitat
on our 33 acre property located along the mainstem of Tarboo Creek and comprised of two adjoining
3 and 30 acre parcels (the "Property").
The conservation easement will include four conservation zones as generally shown on the attached
map. The easement as a whole and each zone will have specific protections as summarized below.
Overall easement
The 33 -acre Property will be kept whole. Subdivision or sale of a portion of the Property will be
prohibited.
A total of one house and one additional dwelling unit (ADU) will be allowed on the Property.
Development of a second house site on the 3 -acre undeveloped parcel or elsewhere on the Property
will be prohibited.
The number and size of other outbuildings and structures (barns) will be limited in the conservation
easement to the existing barns and a few potential additional small outbuildings.
The conservation easement will not provide a right of public access. However, to give people a better
understanding and appreciation of Tarboo Creek and conservation efforts here, we will allow, at our
sole discretion, access for supervised tours, field science surveys and research.
1. Residential zone
The residential zone includes a one acre area around the existing house, yard and large barn. In
general, the easement does not limit any uses within this area. An ADU and other structures may be
built within this area.
2. Farmland zone
In the farmland zone, which includes the pastures, orchard and hay fields, as well as the smaller barn
on the 3 acre parcel, agricultural uses will be allowed, such as growing crops or livestock, amending
soils, maintaining irrigation, and drainage systems, fencing, and other farmland improvements. The
easement will allow maintenance of existing roads and a bridge crossing of a tributary to'Iarboo
Creek in this zone. In addition, the easement will allow the potential ADU to be sited in this zone
west of the creek (if we decide not to locate it in the residential zone), and will limit the number and
size of additional agricultural buildings or structures.
3. Forest zone
In the forest zone, clear -cutting will be prohibited. Selective thinning will be permitted with the goal
of maintaining older forest that provides sustainable income, maintains habitat and scenic values, and
restores some old growth forest habitat features over time (including protection of a minimum
number of the largest conifers per acre). The general goals of the forest management will be written
into the easement and the detailed plans will be worked out in an accompanying forest management
plan. No structures or permanent roads will be permitted in this zone.
4. Stream habitat zone
A wildlife habitat area will be preserved along the mainstem of Tarboo Creek ranging from 50 to 150
feet on each side of the creek depending on the location (as generally shown on the map). No
structures, logging, livestock, or other potential impacts in this area will be permitted, with the
exception of maintenance of the existing mowed trail beside the pond and along the west side of the
Creek and maintenance and replacement of the existing driveway bridge crossing.
To protect and enhance the stream habitat area, we support Northwest Watershed Institute's effort to
obtain restoration funding to replace two existing bridges, fence new stream habitat where needed,
and plant riparian areas.
If funding is granted for this project, we look forward to working out the details of the conservation
easement with Jefferson Land Trust and Northwest Watershed Institute.
Sincerely,
Linda Radka David Radka
Map of proposed Radka conservation easement and conservation zones.
Radka Proposed
Conservation Easement„
Forest
Zone
Stream
Habitat
Zone
Re
zone Farm
zone
gery_Date: 5/5!2013 {x47'54'07.69" N 122`4+
Tarboo
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Watershed Institute Assessmerlit
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Figure 1. Site location map of proposed Tarboo Creek, Farm, and Forest Project.
Tarboo Watershed
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Figure 2. Tarboo-Dabob Bay watershed map showing project site and other
protected lands along Tarboo Creek and within the Dabob Bay Natural Area.
Figure 3. Project site in relation to adjacent and nearby conservation easement
protected properties along the Tarboo Creek wildlife corridor.
Figure 4. Proposed conservation easement on Linda and David Radka's property in
the Tarboo valley, showing the two tax parcels and conservation zones.
Figure S. View south of the project site and other conservation properties within the
Tarboo valley and the Dabob Bay Natural Area.
Figure 6. Linda Radka with barn and log house in background.
Figure 7. Upper pasture and forest to be protected in farmland forest zone.
Figure 8. View north of hayfields on east side of Tarboo Creek.
Figure 9. Fruit orchard and pasture west of house and barn.
Figure 10. Spruce trees in the stream habitat zone on west side of Tarboo Creek.
Figure 11. Mature Douglas fir forest to be conserved for forestry and forest habitat.
Figure 12. Stream habitat zone on the southeast portion of property.
Figure 13. Pond used by juvenile coho for rearing.
Figure 14. Existing narrow buffer along Tarboo Creek to be expanded and restored.
Figure 15. Native riparian trees planted in 2016 on expanded stream buffer on
adjacent Pokorny Conservation Easement to the north.
Radka Conservation Easement Survey
located in the East Half of the Southeast Quarter of Section 20,
Township 28 North, Range 1 West, W.M., Jefferson County, Washington
POKORNY CONSF.RVATi ON 5URVFY I EAST WARIER CORNER
NOOK 35 OF tiu<Y1FY5, PCS 445-146 02/02/07 FOUND DNR BRASS
CAP ON IRON PIPE PER BOOK
SBBT12'22'E 1309.74 10 OF SURVEYS, PCS 22-23
SURVEYOR'S NARRA77W 892.17
THE PURPOSE OF THIS SURVEY IS TO DELINEATE CONSERVATION ZONES ON THE RADKA PROPERTY NO EXTERIOR LINES
WERE SURVEYED UNLESS NOTED OTHERWISE.
FOR GRANT DEED OF CONSERVATION EASEMENT RECORDED SINUFANEOUSLY WITH THIS SURVEY SEE AFN
THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF NORTHWEST WATERSHED INSTITUTE JEFFERSON LAND TRUST, AND
DAVID AND LINDA RADKA AND DOES NOT EXTEND TO ANY UNNAMED PARTIES WITHOUT MY EXPRESSED RECERTIFICATION.
ALL MONUMENTS WERE FOUND WITHIN 0.25 FEET OF THEIR CALCULATED POSlTIDNS AND HAVE BEEN ACCEPFED.
SITE IMPROVEMENT FEATURES,,7AINED VLA FIELD MAPPING AND GOGGLE EARTH. TRIBUTARIES & POND ARE APPROXIMATE.
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1. THIS SURVEY USES THE SECTION SUBDARSION AS SHOWN ON VOLUME 35 OF SURVEYS, PAGES ol'a
445-496 AND 5 BASED ON THE WASHINGTON COORDINATE SYSTEM. NORTH ZONE, W10 83(91) PER TIES TARBOO GREEK PER BOOK 14 DIY
70 DNR GPS CONTROL PONT NUMBERS 6346 AND 6347 PER VOLUME 26 OF SURVEYS, PAGES 15-17 OF SURVEYS PG 175
AND TO DEPARTMENT OF TRANSPOR1ATgN GPS CONTROL POM NUMBER 332 (GP 16104-20) . ALL
BEARINGS ARE RELATIVE TO SAID GRID. ALL DISTANCES ARE REDUCED 70 SAID GRID USING A COMBINED
7._
SCALE FACTOR OF 0.9998506]. TO OBTAIN GROUND DISTANCES, MULTIPLY DISTANCES SHOWN HEREON BY
PRELIMINARY
2. FOR LEGAL DESCRIPTION, SEE INSTRUMENT RECORDED UNDER JEFFERSON COUNTY AUDITOR'S FILE
NUMBER 360442.
10/16/2017
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3. THIS SURVEY COMPLIES WITH WAC. 332-13D-100 AND WAS ACCOMPLISHED IN AUGUST, 2077 BY - ---- f�,p4 �• ```•
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USE OF THIS AAP FOR THE ISSUANCE OF AN ALTA/ACSW OWNER'S EXTENDED COVERAGE POLICY IS LEGEND
PROHIBITED.
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5. THE SURVEYED PARCEL MAY BE SUBJECT TO EASEMENTSOR OTHER ENCUMBRANCES EITHER RECORDED 09/24/2017, FOUND 5/8 -MCH REBAR WITH RED PLASTIC SURVEY CAP STAMPED 'JOHNSTON
37531' PER SOW 35 OF SURVEY'S PGS 445-H6
OR UNRECORDED NOT SHOWN HEREON. THIS SURVEY HMSSNOT DETERMINED THE EXISTENCE OF ALL SUCH
CASEMENTS OR ENCUMBRANCES OR THEIR EFFECT ON THE SURVEYED PARCEL EXCEPT AS SPECIFICALLY ® 08/24-31/2017, SET 5/8 -INCH REBAR WITH RED PLASM SURVEY CAP STAMPED 'JOHNSTON
SHOWN HEREON37531'
6. THIS RECORD OF SURVEY MAY DEPICT EXISTING FENCE LINES AND OTHER OCCUPATIONAL INDICATORS IN 0 100 200
ACCORDANCE WIN WAC. CHAPTER 332-131. TIMESE OCCUPARONV. INDICATORS WY INDICATE A POTENTIAL SURVEYED LINE
FOR CAMS OF UNWRITTEN TILE. LEGAL OWNERSHIP BASED UPON UNWRITTEN TILE CAMS HAVE NOT
BEEN RESOLVED BY TH5 SURVEY x
SCALE IN FEET
A SURVEY ON THE EAST HALF OF THE SOUTHEAST QUARTER OF
SECTION 20, TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M.,
JEFFERSON COUNTY. WASHINGTON
SURVEYOR'S CERTIFICATE
SOLE:
THIS MAP CORRECRY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN
DRANK B/: RMI CONFORMANCE WIN THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE
REQUEST OF PETER BWLS WI NINE NORTHWEST WATERSHED INSIITIJTE IN APRIL 2017.
PUT CHECKED W..
n
ROB JOHNSTON PLS 37531
JOHNSTON
540 W. Eighth Street, Pon Angeles, WA 98362
Land Surveying
360.452.0237 office, 360.452.0238 fax
www.johnstonlandsurveying.com
AUDITORS
CERTIFICATE
FILED FOR RECORD ORS
_ DAY OF 2017 AT
M IN BOOK
OF SURVEYS AT PAGE
AT THE REQUEST OF JOHNSTON LAND SIMVEING
20(28-1)
A , ,
AFTER RECORDING RETURN TO:
Jefferson Land Trust
1033 Lawrence St.
Port Townsend, WA 98368
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW
65.04
Document Title(s) (or transactions contained therein):
GRANT DEED OF CONSERVATION EASEMENT
Reference Number(s) of Documents assigned or released:
Additional reference numbers on page(s) of document.
Granting Owners(s) (Last name, first name, initials)
RADKA, DAVID E., and RADKA, LINDA H.
Grantee(s) (Last name first, then first name and initials)
JEFFERSON LAND TRUST
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Ptns NE SE 20-28-1W
Additional legal description is on Exhibit A of document.
Assessor's Property Tax Parcel/Account Number
801 204 004 and 801 204 008
The Auditor/Recorder will rely on the information provided on the form. The staff will not
read the document to verify the accuracy or completeness of the indexing information
provided herein.
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46
4 , P
GRANT DEED OF CONSERVATION EASEMENT
This GRANT DEED OF CONSERVATION EASEMENT ("Easement") is made by DAVID E.
and LINDA H. RADKA, husband and wife, having an address of 999 Old Tarboo Road,
Quilcene, WA 98376 ("Granting Owner" and "Owner"), in favor of JEFFERSON LAND
TRUST, a Washington nonprofit corporation, having an address of 1033 Lawrence Street,
Port Townsend WA 98368 ("Grantee") (collectively "Parties").
1. RECITALS
1.1 Granting Owner is the owner in fee simple of that certain real property, approximately
33 acres in area, located in Jefferson County, Washington, and legally described in
Exhibit A (Legal Description of Property) (the "Property"). The Property and its
significant features, including but not limited to an approximately 1.03 acre building
envelope ("Residential Zone"), are shown on the Survey recorded in Volume of
Surveys, page , under Auditor's File Number , records of
Jefferson County, Washington (the "Survey"). The Survey is incorporated herein and
made a part hereof by this reference.
1.2 For purposes of this Easement, the Property is divided into three conservation zones,
designated "Stream Habitat Zone", "Forest Zone", and "Farm Zone" (collectively,
"Conservation Zones"), as depicted on the Survey, which Conservation Zones are in
addition to the Residential Zone on the Property. The Stream Habitat Zone includes
the lower elevations of the Property, which contains wetland, riparian, and forested
habitats associated with Tarboo Creek. The Forest Zone is generally upland forest
habitat. The Farm Zone includes pasture, orchard, and other agricultural land, along
with a barn. The other existing buildings on the Property are located within the
approximately 1.00 acre Residential Zone.
1.3 The Property is part of a landscape -scale effort to preserve, protect, restore, enhance,
and maintain riparian and upland habitat along Tarboo Creek. The Property contains
natural values (including riparian and upland habitat for fish and wildlife), and open
space values (including farmland, forestland and scenic quality) as follows,
(collectively the "Conservation Values") of great importance to Granting Owner, to the
people of Jefferson County, and to the people of the State of Washington:
Riparian and Fish habitat: The Stream Habitat Zone contains a portion of the
mainstem of Tarboo Creek and the associated riparian corridor that will support the
enhancement of features that afford safe passage and suitable habitat for salmon and other
species of fish.
Forest and Wildlife habitat: The Stream Habitat Zone and Forest Zone contain, and
will support the enhancement of, native forest vegetation that provides shelter, cover, and
food for a diversity of wildlife.
Agricultural lands: The Farm Zone contains soils suitable for agricultural uses.
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Scenic quality: The Property is located within the viewshed of Dabob Road, a
Jefferson County road and public thoroughfare.
Educational and scientific opportunity: The Property is in an easily accessible
location, favorable to educational and scientific activities
1.4 The Conservation Values are further documented in an inventory of relevant features
of the Property on file at the offices of Grantee and incorporated herein by this
reference ("Baseline Documentation"). The Baseline Documentation has been
prepared by Grantee and consists of reports, maps, surveys, photographs, and other
documentation that Granting Owner and Grantee agree provide, collectively, an
accurate representation of the Property as of the Effective Date of this Easement and
which is intended to serve as an objective information baseline for monitoring
compliance with the terms of this Easement. The Parties acknowledge that the
Baseline Documentation, as signed by the Parties on , is
complete and accurate as of the Effective Date of this Easement. The Baseline
Documentation may be used to establish that a change in the use or condition of the
Property has occurred, but its existence shall not preclude the use of other evidence
to establish the condition of the Property as of the Effective Date of this Easement.
Grantee may use the Baseline Documentation in enforcing provisions of this
Easement, but is not limited to the use of the Baseline Documentation to show a
change in the use or condition of the Property.
1.5 The legislatively declared policies of the State of Washington in the Washington State
Open Space Tax Act, Chapter 84°.34 RCW ("OSTA") provide that "it is in the best
interest of the state to maintain, preserve, conserve, and otherwise continue in
existence adequate open space lands for the production of food, fiber and forest crop,
and to assure the use and ;enjoyment of natural resources and scenic beauty for the
economic and social wellbeing of the state and its citizens." Under the OSTA, lands
eligible for preferential real' property tax treatment include lands such as the subject
Property where the preservation in its present use would conserve and enhance
natural resources and open space. Pursuant to this legislative directive, Jefferson
County has adopted an Open Space Tax Program, Resolution No. 82-91, that
recognizes the importance of and provides preferential tax treatment for the following
natural, agricultural and scenic resources that occur on the Property: riparian areas
and wildlife corridors; unique and critical wildlife habitat; farm and agriculture land,
and opportunities to promote conservation principles by example and through
education.
1.6 The United States of America, acting by and through the Department of the Navy (the
"Government") operates Naval Magazine Indian Island in Jefferson County,
Washington, and Naval Base Kitsap Bangor in Kitsap County, Washington in the
vicinity of the Property and Grantee entered into an agreement identified as Multi -
Year Encroachment Protection Agreement Number N4425511 RP00034 as amended,
whereby the Grantee agreed to accomplish the acquisition of certain real property
interests in the vicinity of the Installations for purposes that are consistent with each
party's objectives. The Grantee's mission is to help the community preserve open
space, working lands and habitat, forever. The Government's objective is to prevent
-3-
incompatible land development in the vicinity of Bangor and Indian Island. Limiting
the development on and preserving the Conservation Values of the Property meets
the parties' objectives. Grantor and Government acknowledge there will be two
easements on the Property: (1) this Grant Deed of Conservation Easement held by
Jefferson Land Trust, a Washington nonprofit corporation ("Land Trust Easement"),
and (2) a Deed of Restrictive Easement held by the Government and. Grantor further
acknowledges that this Land Trust Easement and the Deed of Restrictive Easement
are for different, as well as similar purposes and that, accordingly, these two
instruments prohibit, permit, and regulate certain different uses and activities. Grantor
further acknowledges that, with respect to any given use or activity on the Property,
Grantor will be constrained by the more restrictive relevant provisions of these two
instruments.
1.7 The Parties intend that the Conservation Values be preserved and maintained in
perpetuity by permitting only those land uses on the Property that do not impair or
interfere with the Conservation Values.
1.8 Granting Owner, as sole owner in fee of the Property, has the right to protect and
preserve the Conservation Values, and desires and intends to transfer such rights to
Grantee in perpetuity.
1.9 Grantee is a publicly supported, tax-exempt nonprofit organization, qualified under
Sections 501(c)(3) and 170(h) of the Internal Revenue Code of 1986, as amended,
and also qualified as a nonprofit nature conservancy corporation under Sections
64.04.130 and 84.34.250 of the Revised Code of Washington, one of whose principal
purposes is to acquire, hold, preserve, and dispose of land, easements, leases, or
other rights or interests in land, or improvements to land, in Jefferson County,
Washington, in order to protect natural areas and ecologically significant land for
scientific, educational, and charitable purposes for the benefit of the public. Grantee
agrees by accepting this grant to honor the intention of Granting Owner as stated in
this instrument and to preserve and to protect in perpetuity the Conservation Values
of the Property for the benefit of those now living and those as yet unborn.
1.10 Grantee agrees by accepting this grant to honor the intention of Granting Owner as
stated in this instrument and to preserve and to protect in perpetuity the Conservation
Values of the Property for the benefit of those now living and those as yet unborn.
2. CONVEYANCE AND CONSIDERATION
2.1 For the reasons stated above, and in consideration of a cash payment, the receipt of
which is hereby acknowledged, and in further consideration of the mutual covenants,
terms, conditions, and restrictions contained herein, and pursuant to the laws of
Washington, in particular RCW 64.04.130 and RCW 84.34.210, Granting Owner
hereby grants, conveys, and warrants, to Grantee a conservation easement in
perpetuity over the Property, consisting of the rights in the Property, hereinafter
enumerated, subject only to title matters of record as of the Effective Date of this
instrument ("Easement").
ME
M
2.2 Granting Owner believes that the amount of the cash payment received is less than
the fair market value of the interest in real property conveyed hereby. Granting Owner
intends to make a gift of the difference between the cash payment received and the
fair market value of the interest conveyed. Granting Owner reserves the right to claim
a federal income tax deduction based on the difference between the cash payment
received and the fair market value of the interest conveyed. Granting Owner
acknowledges that any and all costs and fees associated with claiming and
substantiating the amount of any federal income tax deduction are the sole
responsibility of Granting Owner.
2.3 Grantee's costs of acquiring this Easement were provided in part by grant funding
from the Jefferson County Conservation Futures property tax authorized by
Washington law. Grantee hereby agrees to be'bound '',by Jefferson County Code
Section 3.08.030(9), the uses authorized under RCW 84.34.230, and the terms of the
Grant Agreement, as described herein, including the obligation to ensure the long
term conservation of the Property in accordance with the terms and conditions of this
Easement, and to obtain the consent of Jefferson County prior to any conveyance of
any interest acquired hereby. Consistent with Jefferson County Code Section
3.08.030(9), 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 Grantee in exchange.
2.4 This conveyance is a conveyance of an interest in real property
under the provisions of RCW 64.04.130, and is made as an
absolute, unconditional, unqualified, and completed partial sale
and partial gift subject only to the mutual covenants and
restrictions hereinafter set forth and title matters of record as of the
Effective Date of this instrument.
2.5 Granting Owner expre
Easement shall be bin
Grantee in perpetuity.
3. PURPOSE,;STEWARDSI-
sement runs with the land and that this
rs and assigns of Granting Owner and
RETATION, AND NO PUBLIC RIGHTS
3.1 Purpose. The Purpose of this Easement is to protect the Conservation Values of the
Property forever and prevent any use of the Property that will impair or interfere with
its Conservation Values. As provided in this Easement, the Stream Habitat Zone of
the Property is to be retained predominantly as a "relatively natural habitat of fish,
wildlife or plants, or similar ecosystem" (as that phrase is used in 26 USC
170(h)(4)(A)(ii), as amended, and in regulations promulgated by authority of said
statute). The remainder of the Property, other than the Residential Zone but
specifically including the Forest Zone and Farm Zone, will be retained forever
predominantly in an open space condition, under 26 USC 170(h)(4)(A)(iii), the
preservation of which will yield a significant public benefit pursuant to clearly
delineated governmental conservation policies as provided in RCW 84.34.210 and
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64.04.130 and the Jefferson County Open Space Tax Program, as provided in
Resolution No. 82-91 and any successor provision.
3.1.1 Granting Owner and Grantee agree that the desired future condition of the
Forest Zone portion of the Property is a native forest ecosystem maintained
through time that is characterized generally by old-growth characteristics
including the following attributes:
A. A structurally diverse forest stand, with variable age classes; and
B. Well -distributed large -diameter trees common throughout the
dominant crown class; and
C. Well -distributed standing dead trees throughout the Property; and
D. Down tree logs and other woody debris on the forest floor.
3.1.2 Granting Owner and Grantee agree that the desired future condition of the
Stream Habitat Zone portion of the Property is a riparian and wetland
ecosystem along Tarboo Creek that benefits salmon and other native fish and
wildlife, and is characterized generally by the following attributes:
A. Native trees and shrubs that provide riparian functions for Tarboo
Creek of shade, bank and soil stabilization;
B. Small and large woody material for instream habitat structure; and
C. Source of food and nutrients to the aquatic food chain.
3.1.3 Granting Owner and Grantee agree that the desired future condition of the
Agricultural Zone portion of the Property is fertile healthy soils that have
existing or potential agricultural uses.
3.2 Stewardship Plan.
3.2.1 As of the Effective Date of this Easement, Granting Owner and Grantee have
agreed to a stewardship plan (an "Approved Stewardship Plan") for
stewardship of the Property prepared by a professional forester and a habitat
biologist qualified and experienced in preparing stewardship and forest
management plans in Jefferson County, Washington. The goal of land
management activities pursuant to an Approved Stewardship Plan shall be to
support and achieve the desired future conditions as described in Section
3.1.1-3 above. Any revision to an Approved Stewardship Plan must be in
writing, and approved in writing by the parties to the plan. All approved
stewardship activities on the Property under the Approved Stewardship Plan
are to be carried out in compliance with the Purpose (described in Section 3.1
above) and terms of this Easement. An Approved Stewardship Plan may be
modified, updated, or otherwise changed only with Owner's and Grantee's
approval, in each party's sole discretion. An Approved Stewardship Plan does
not confer upon Owner or Grantee any rights inconsistent with the provisions
of this Easement, and any conflict between any provision of an Approved
Stewardship Plan and any provision of this Easement shall be resolved in
favor of this Easement.
0
, f 1
3.2.2 An Approved Stewardship Plan that is effective as of the date of any change
of ownership shall become an interim plan that will be valid for no more than
90 days following the date of conveyance of the Property; provided, however,
that no harvesting of timber shall occur on the Property until the interim plan
has been extended or revised through the written approval of Grantee and the
new Owner. Grantee shall meet with the new Owner during such 90 day
period for the purpose of reviewing the plan with the new Owner of the
Property and determining whether such plan should be extended or revised;
any extension or revision of an Approved Stewardship Plan must be approved
in writing by the Grantee and the new owner.
3.3 Interpretation of Easement and Stewardship Plan.
3.3.1 The Parties intend that this Easement be interpreted in a manner consistent
with its Purpose.
3.3.2 The Parties intend that this Easement be interpreted to confine Owner's use of
the Property to such activities that are consistent with the Purpose and terms
of this Easement. At the same time, the Parties intend, and this Easement is
structured, to give Owner flexibility through the Approved Stewardship Plan to
undertake activities that are consistent with the Purpose and terms of this
Easement.
3.3.3 The Parties intend that the Approved Stewardship Plan be interpreted in a
manner consistent with the Purpose of this Easement that supports and
achieves the desired future conditions as described in Section 3.1.1-3 above.
3.4 No Public Rights Conveyed Through Easement. The Parties acknowledge that,
except as specifically may be provided herein, GrantingOwner 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
4. RIGHTS COM
To accomplish the
by this Easement:
4.1 Protection. C
conserve in p
Conservation
the following rights are conveyed to Grantee
ill' have the right to identify, protect, preserve, maintain, and
nd to enhance, restore, or improve by mutual agreement the
the Property.
4.2 Access by Grantee. As provided for and limited herein, Granting Owner hereby
grants to Grantee reasonable and non-exclusive access to the Property at reasonable
times solely for the purposes of fulfilling Grantee's obligations under this Easement
and exercising its affirmative rights under this Easement. Specifically, Grantee shall
have the right:
4.2.1 To enter upon, inspect, observe, and study the Property, with such persons as
Grantee may require, at mutually agreeable dates and times and upon
reasonable prior notice to Owner, for the purpose of (a) identifying the current
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t , , 4
uses and practices on the Property and the condition of the Property, and (b)
monitoring the uses and activities on the Property to determine whether they
are consistent with this Easement.
4.2.2 To enter upon the Property, at a mutually agreeable date and time and upon
prior notice to Owner, to inspect the Property after major natural events occur,
such as fires, windstorms, land subsidence, and floods.
4.2.3 To enter upon the Property, at a mutually agreeable date and time and upon
prior notice to Owner, for educational or scientific use.
4.2.4 To enter upon the Property at such other times Grantee may have a
reasonable basis to believe that a violation of the Easement is occurring, for
the purpose of enforcing the provisions of this Easement. Prior to entry,
Grantee is to provide Owner notice, and describe the basis of the reasonable
belief that a violation is occurring on the Property.
4.3 Grantee is to exercise its access rights in compliance with applicable law and in a
manner that will not materially disturb or interfere with Owner's reserved rights, any
other person's lawful use of the Property, or Owner's quiet enjoyment of the Property.
Owner may not unreasonably withhold or delay their consent with regard to dates or
times proposed for access by Grantee.
4.4 Development Rights. Granting Owner hereby grants to Grantee all development
rights except as specifically reserved herein, and the Parties agree that such rights
may not be used on or transferred off of the Property as it now or hereafter may be
bounded or described, or to any other property adjacent or otherwise, or (except as
expressly permitted herein) used for the purpose of calculating permissible lot yield or
density of the Property or any other property.
4.5 Injunction and Restoration. Grantee has the right to prevent, or cause Owner 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 has
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 9.
4.6 Enforcement. Grantee has the right to enforce the terms of this Easement, in
accordance with Sections 8 and 9. Jefferson County has no obligation to participate
in or assist with Enforcement.
4.7 Assignment. This Easement is transferable, but Grantee may assign its rights and
obligations under this Easement only in the manner provided in Section 13 of this
Easement.
4.8 Signage. Grantee has the right to erect and maintain one or more signs or other
appropriate markers on the Property bearing information indicating that the Property
is protected by this Easement held by Grantee.
4.9 Third Party Beneficiary. Granting Owner and Grantee recognize that, as a funding
source for this Easement, Jefferson County is a third party beneficiary of this
Easement. All rights and remedies conveyed to Grantee under this Easement shall
extend to Jefferson County, subject to prior coordination with Grantee.
5. PERMITTED USES
5.1 General. Granting Owner reserves for Granting Owner and Granting Owner's
successors and assigns, any and all rights not otherwise conveyed to Grantee under
this Easement and any and all uses of, or activities on the Property that are not
inconsistent with the Purpose and terms of this Easement, and that are not prohibited
or otherwise restricted herein. Without limiting the generality of the foregoing,
Granting Owner specifically reserves for Granting Owner and Granting Owner's
successors and assigns the following uses and activities on the Property in the
manner provided for herein, which are to be considered permitted uses and activities
under the Easement.
5.2 Habitat Stewardship Activities. Owner may engage in, and allow others to engage in,
any activity to monitor, protect, maintain, and restore the Conservation Values of the
Property, including, without limitation, habitat restoration, enhancement, and
management activities ("Habitat Activities"), pursuant to an Approved Stewardship
Plan covering the Property. All Habitat Activities on the Property are to be carried out
in compliance with the Purpose and terms of this Easement and in accordance with
an Approved Stewardship Plan.
5.3 Water Rights. Owner may exercise existing water rights by putting them to any
beneficial use on the Property that is not inconsistent with the Purpose and terms of
this Easement, and: that is not prohibited herein. Owner may maintain, repair, and if
destroyed, reconstruct any existing facilities on the Property relating to the water
rights (such as water lines) with notice to Grantee as provided for in Section 7,
provided that such activities are carried out in compliance with the Purpose and terms
of this Easement. Owner may also use the existing well located east of Tarboo Creek
as shown on the Survey or drill a new well on the property for personal non-
commercial use only. A new well and pump house must be located entirely within the
Residential Zone; provided, however, if it is not practicable to obtain potable water
sufficient to meet permitted uses under this Easement from entirely within the
Residential Zone, Owner may locate the well and pump house within a Conservation
Zone (first the Farm Zone and, if the Farm Zone is not practicable, then the Forest
Zone). With notice to Grantee as provided for in Section 7, any new well or pump
house located outside the Residential Zone must be in a location agreed upon by
both Owner and Grantee, and must include subsequent restoration of disturbances to
the soil and vegetation resulting from the construction.
5.4 Residential Zone Uses, and Improvements. Owner may use the Residential Zone of
the Property for residential uses allowable under applicable law and not prohibited
under this Easement. There shall be no more than one (1) Residential Zone within
the Property, in which uses and activities are not limited except as provided under
applicable law or specifically prohibited by this Easement. A portion of the Property,
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as depicted on the Survey and comprising approximately 1.00 contiguous acres in
area, is designated the existing "Residential Zone". For personal, residential and
domestic uses and activities within the Residential Zone, and for the purpose of
conducting any home-based business permitted by applicable law, Owner reserves
the right, subject to the limitation on Impervious Surfaces in Section 6 of this
Easement, to use, maintain, repair, reconstruct, expand, or replace the existing
single-family dwelling unit and the right to install, build, or construct, to use, to
expand, enlarge, maintain, repair, replace, or decommission one accessory dwelling
unit ("ADU") if permitted by applicable law. Additionally, within the Residential Zone,
Owner reserves the right, subject to the said limitation on Impervious Surfaces, to
use, maintain, repair, reconstruct, expand or replace existing outbuildings, and the
right to install, build, or construct, expand, enlarge, maintain, repair, replace, or
decommission such additional barns, outbuildings and other structures, including but
not limited to structures related to wind, solar, or other alternative energy production
whose primary purpose is generating energy for permitted uses on the Property, as
permitted by applicable law ("Other Residential Improvements"). No more than two
dwelling units are permitted within the Property under any circumstances and no
dwelling unit is permitted outside the Residential Zone as depicted on the Survey.
5.5 Farm Zone Uses and Improvements. Owner may use the Farm Zone of the Property
for agricultural uses allowable under applicable law and not prohibited under this
Easement. As permitted by applicable law, Owner may build, construct, expand,
enlarge, maintain, repair, replace, or decommission additional agricultural
outbuildings, sheds or shelters within the Farm Zone ("Agricultural Improvements"),
subject to the limitation on Impervious Surfaces in Section 6 of this Easement,
provided that each such structure is devoted to agricultural purposes.
5.6 Other Improvements. Subject to the limitation on Impervious Surfaces in Section 6 of
this Easement, Owner may maintain, repair, replace, or decommission structures,
fences, roads, driveways, ditches, gates, bridge and culvert crossings of Tarboo
Creek and its tributaries, and other permanent improvements ("Other Improvements")
described in the Baseline Documentation as existing on the Property as of the
Effective Date of this Easement, provided that such activities related to existing
Improvements are carried out in compliance with the Purpose and terms of this
Easement. Such Other Improvements include utility systems and underground utility
corridors that support the Other Improvements, such as electric power lines, septic
systems, water storage and delivery systems, telephone and communication cable
systems, and the like. Owner may use, maintain and repair the existing unpaved
driveways that provide access to the Residential Zone from a county road, as shown
on the Survey, subject to the limitation on Impervious Surfaces in Section 6 of this
Easement. Owner may install, build, or construct, expand, enlarge, maintain, repair,
replace, or decommission wind, solar, or other alternative energy installations within
the Residential Zone whose primary purpose is generating energy for permitted uses
on the Property; which may include foundations, concrete pads and footings; wind
turbine units; photovoltaic panels, guy wires, support fixtures, anchors and fences;
buildings needed for maintenance of wind turbine or other alternative energy
production units and maintenance and storage of related equipment; electrical
transformers and energy storage facilities; electric transformers, electric distribution
-10-
and transmission towers and lines either above ground or underground; substations
or switching facilities for the purpose of connecting to transmission system; and any
other items necessary to the successful and secure use of any area of the Property
within the Residential Zone for the production of wind, solar, or other alternative
source of energy. Outside the Residential Zone, Owner shall not expand or enlarge
Other Improvements existing on the Property as of the Effective Date, or install, build,
or construct new Other Improvements, except as specifically provided for herein.
Any septic system constructed after the Effective Date of this Easement must be
located entirely within the Residential Zone; provided, however, if it is not practicable
to do so, Owner may locate the septic system within the Farm Zone. With notice to
Grantee as provided for in Section 7, any septic system located outside the
Residential Zone must be in a location agreed upon by both Owner and Grantee, and
must include subsequent restoration of disturbances to the soil and vegetation
resulting from the construction.
5.7 Recreational or Educational Uses. Ownei
engage in, recreational or educational act
construction, maintenance and use of pec
manner and in the areas prohibited under
Recreational uses are limited to low -impar
do not require site modification to accomn
accessories. All forms of developed or coi
adversely impacts the Conservation Valu(
recreational and educational activities on
compliance with the Purpose and terms,o
5.8 Vegetation Removal
conduct, in accordai
non-native plants. V
accordance with an
and down trees for r
accordance with an
reserves the right to
restrictions provided
hazard trees on the
driveway access roa
may engage in, and allow others to
,ities on the Property, including the
:strian trails on the Property except in the
he provisions of Section 6 herein.
t uses and types of passive recreation that
date motorized, mechanical, or electronic
imercial recreation or recreation that
of the Property are prohibited. All
ie Proaerty must be carried out in
lin the Conservation Zones, Owner reserves the right to
ith an Approved Stewardship Plan removal or control of
the Forest Zone, Owner reserves the right to conduct, in
wed Stewardship Plan: (a) removal of firewood from dead
ial, non-commercial use and (b) forestry activities in
wed Stewardship Plan. Within the Farm Zone, Owner
uct agricultural activities subject to the prohibitions and
action 6'`below. Owner also reserves the right to remove
rty that threaten people or structures or that block the
block trails on the Property.
5.9 Emergency Action. 'Owner may undertake any activities on the Property that are
necessary to protect health or safety or prevent significant property damage on the
Property or are required by and subject to compulsion of any governmental agency;
provided, however, that Owner must first reasonably attempt to notify Grantee prior to
taking such action. If Grantee cannot provide consent, with or without conditions,
within such time as is reasonable under the circumstances, Owner may proceed with
such action without consent.
6. PROHIBITED AND RESTRICTED USES AND ACTIVITIES
6.1 General Prohibitions. The following uses and activities are prohibited anywhere on
the Property:
6.1.1 Any use of, or activity on, the Property inconsistent with the Purpose or other
terms of the Easement is prohibited, and Owner acknowledges and agrees
that Owner will not conduct, engage in, or permit any such use or activity.
Without limiting the generality of the foregoing, the following uses of, or
activities on, the Property, though not an exhaustive list of inconsistent uses or
activities, are either: (a) inconsistent with the Conservation Values and
Purpose of this Easement and prohibited herein; or (b) limited as provided
herein to make such uses or activities consistent with the Conservation Values
and Purpose of this Easement.
6.1.2 Conversion to Incompatible Uses. Owner may not convert the Property to
industrial or suburban/residential development or to any other use that is
incompatible with protection of the Conservation Values of the Property.
Prohibited uses, specifically include but are not limited to: concrete batch
plants; processing or refining of sand, gravel, metals, chemicals, or any other
materials; mills, except mills for processing timber produced on the Property;
or slaughter houses or other facilities for processing livestock or other
animals, except facilities for processing livestock produced on the Property;
commercial storage; sales of motor vehicles that are inventory; and fish farms
or other aquaculture facilities.
6.1.3 Limitations on Improvements. Owner may build, replace, construct, expand or
rebuild structures or improvements only in a manner consistent with the
limitations, prohibitions, and other terms and conditions of this Easement and
the following absolute limit on Impervious Surfaces (as defined below in
Section 6.1.4):
6.1.4 Impervious Surfaces Limitation. The total area of the Property covered by
Impervious Surfaces shall be limited to no more than two and one-half percent
(2.5%) of the area of the Property; provided, however, that minor unenclosed
agricultural improvements such as corrals, hayracks, headgates, fences,
ditches, culverts, stock tanks, seasonal agricultural structures (such as a
"hoop house": a floorless, framed structure with no foundation) or other minor
agricultural structures ("Minor Agricultural Improvements") may be constructed
or placed on the Property and not count against this total impervious surface
limit. The total area covered by gravel shall be subject to this 2.5% limitation
unless Owner obtains prior consent from Grantee as provided in Section 7 to
increase the percentage of total surfaces covered by gravel above the 2.5%
limitation. As used herein, "Impervious Surfaces" means hard surface areas
that either prevent or retard the entry of water into the soil mantle as under
natural conditions before development or that cause water to run off the
surface in greater quantities or at an increased rate of flow from the flow
present under natural conditions before development. Impervious Surfaces
include, but are not limited to, roofs, walkways, patios, driveways, parking lots,
storage areas, areas that are paved, graveled or made of packed or oiled
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earthen materials, or other surfaces that similarly impede the natural
infiltration of surface and storm water.
6.1.5 Subdivision. Owner shall keep the Property in common ownership. Owner
may not legally or in a "de facto" manner subdivide the Property, which
includes, without limitation, any subdivision, short subdivision, platting, binding
site plan, testamentary division, or other process by which the Property is
divided into lots or in which fee title to different portions of the Property is held
by different owners. This provision shall not be interpreted to preclude lot line
adjustments or leases.
6.1.6 Extraction and Land Alteration. Owner shall not explore for or develop,
extract, remove, or drill for oil, gas, coal, lignite, ,hydrocarbons, limestone,
geothermal resources, fossils, metals, ores, sand, gravel, rock, stone,
aggregate, peat, clays, marl, and other minerals by any surface mining
technique. In addition, Owner may not alter the surface of the land on the
Property, including, without limitation, grading, excavating or removing soil,
sand, gravel, rock, stone, aggregate, peat, or sod, unless any such activity is
within the Residential Zone, or occursinconjunction with maintenance of the
existing driveways as depicted on the Survey, or occurs in conjunction with
other activities permitted under this Easement, and is accomplished in a
manner that is consistent with the Purpose and terms of this Easement and in
accordance with an Approved Stewardship Plan.
6.1.7 Soil Degradation or WaterPollution. Owner shall not engage in any use or
activity on the Property that causes or is likely to cause significant soil
degradation or erosion or significant pollution of any surface or subsurface
6.1.8 Release of Hazardous Substances. Owner shall prevent the Release of
Hazardous Substances on the Property. The term "Release" shall mean any
generation, treatment, disposal, dumping, burying, or abandonment on the
Property occurring after the Effective Date of this Easement, but shall not
include any migration to the Property from adjacent property. The term
"Hazardous Substance" shall mean any substances, materials, or wastes that
are hazardous, toxic, dangerous, or harmful or are designated as, or contain
components that are, or are designated as, hazardous, toxic, dangerous, or
harmful and/or that are subject to regulation as hazardous, toxic, dangerous,
or harmful or as a pollutant by any federal, state, or local law, regulation,
statute, or ordinance, including, but not limited to, petroleum or any petroleum
product. This provision shall not be interpreted to prohibit: (a) storing and
using fuel and chemicals, including, but not limited to, biosolids or other forms
of fertilizers ("Fertilizers"); herbicides, rodenticides, fungicides, insecticides, or
other forms of pesticides ("Pesticides"); paints; solvents; and cleaners;
provided that such storage and use is in compliance with federal, state, and
local laws and regulations and manufacturer recommendations; (b) using fire
to dispose of waste, provided that such disposal is otherwise permitted by
local law; and (c) storage and use of wood that is treated with preservative.
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6.1.9 Feedlot. Owner shall not establish or maintain a commercial feedlot on the
Property. For purposes of this Easement, "commercial feedlot" means and
refers to a confined area or facility within which the land is not grazed or
cropped annually, and that is used to receive livestock that are confined solely
for the purpose of growing or finishing.
6.1.10 Construction of Ponds. Owner shall not construct any ponds on the Property;
provided, however, that Owner may maintain the existing pond on the
Property as shown in the Survey and described in the Baseline
Documentation as of the Effective Date of the Easement.
6.1.11 Trash. Owner shall not dump or dispose of trash or other debris on the
Property.
6.1.12 Commercial Signage. Owner may not place or erect any commercial signs,
billboards, or other advertising material on the Property, except as related to a
home-based business, for which one sign, a maximum of two square feet in
size, is permitted, in accordance with applicable law.
6.1.13 Nonnative Plants. Owner may not intentionally introduce noxious weeds on
the Property, as defined and listed by Jefferson County or the State of
Washington.
6.1.14 Commercial Recreation Activities. Owner shall not conduct commercial
recreational activities on the Property, other than de minimus use of the
Property for commercial recreational activities, as such terms are defined by
Internal Revenue Code Section 2013(c)(8)(B) and the applicable Treasury
Regulations. By prohibiting commercial outdoor recreational activities, it is the
intent of the parties to prevent the Property from becoming the site of a
commercial recreational enterprise, such as a commercial campground, a golf
course, an exclusive hunting grounds or club, a commercial site for an all -
terrain vehicle, motocross or other racetrack, a riding arena, a dressage field,
or other similarly intensive or predominantly commercial use.
6.2 The following additional uses and activities are prohibited or restricted within the Farm
Zone, except to the extent required as an "Emergency Action," as defined in Section
5.8 above:
6.2.1 Grazing livestock without having in place fences or other means of control that
prevent livestock from entering the Stream Habitat Zone; and
6.2.2 Construction of new stream crossings over tributaries of Tarboo Creek;
provided, however, that Owner may maintain and replace the two crossings of
tributaries of Tarboo Creek (one bridge crossing and one culvert crossing) as
shown on the Survey as existing as of the Effective Date of this Easement.
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6.3 The following additional uses and activities are prohibited or restricted within the
Stream Habitat Zone and the Forest Zone, except to the extent required as an
"Emergency Action," as defined in Section 5.8 above:
6.3.1 Construction or installation of any Improvements, provided that any
Improvements described in the Baseline Documentation as existing as of the
Effective Date of this Easement may be maintained by Owner;
6.3.2 Agricultural uses and activities, including but not limited to grazing livestock
and kenneling, penning, or other confinement of animals;
6.3.3 Storage of motor vehicles, trailers, machinery or equipment, or any debris;
6.3.4 Damming, diking, dredging, fill
watercourses, wetlands, or po
Stewardship Plan;
6.3.5 Construction of new roads, except for tE
facilitate forestry uses and activities witl
6.3.6 Construction of new stream crossings c
provided, however, that Owner may ma
driveway bridges and one, log foot bridg
as of the Effective Date of this Easemer
6.3.7 Constr
6.3.8 Harves
inconsi
notice l
any sur
such tir
current
trails
, or manipulating natural
as allowed under an Approved
roads and landings to
rest Zone;'
.r Tarboo Creek or its tributaries;
Iain and replace the two existing
as shown on the Survey as existing
r improved with impervious material;
A timber (commercial or non-commercial) in a manner that is
int with an Approved Stewardship Plan. Owner shall provide written
Grantee of any harvest of timber in the Forest Zone in advance of
timber harvest activity and no harvesting of timber shall occur during
when an Approved Stewardship Plan is not in place with the then
6.3.9 Planting non -
not -invasive)
6.3.10 Using pe
animals, c
Plan; and
trees or other vegetation, except for such non-native (but
specifically allowed in an Approved Stewardship Plan;
6icides, fertilizers, or other chemicals to treat soil, water,
:)n, except in accordance with an Approved Stewardship
6.3.11 Fencing, except on the Property boundaries and along the common boundary
between the Stream Habitat Zone and the Farm Zone;
6.4 The following additional uses and activities are prohibited within the Stream Habitat
Zone:
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6.4.1 Construction of bridges or other stream crossings of Tarboo Creek or its
tributaries not shown on the Survey;
6.4.2 Clearing or mowing of native vegetation, except in accordance with an
Approved Stewardship Plan.
6.4.3 Culverted stream crossings of Tarboo Creek or its tributaries;
6.4.4 Construction of new trails; provided, however, that Owner may maintain the
mowed trail beside the pond and along the west side of Tarboo Creek
described in the Baseline Documentation as existing as of the Effective Date
of this Easement in accordance with an approved Stewardship Plan;
6.4.5 Use of motor vehicles (including ATVs) or horses off of driveways or bridges
("ATV" means motorized all -terrain vehicle).
6.5 Compliance with Regulatory Requirements. Owner shall conduct all reserved and
permitted uses and activities under this Easement to meet all requirements of federal,
state, and local statutes, rules, and regulations as they may be amended from time to
time, and in accordance with an Approved Stewardship Plan.
6.6 Limitation on Transfers.
6.6.1 For purposes of this Section, "Transfer" includes but is not limited to any sale,
grant, lease, hypothecation, encumbrance, assignment, conveyance, or any
transaction the purpose of which is to affect a sale, grant, lease,
hypothecation, encumbrance, assignment, or conveyance.
6.6.2 Owner may not undertake or permit any Transfer of any rights in the Property
without prior notice to and consent of Grantee as provided for in Section 7 and
Jefferson County; provided, however, that such consent shall not be withheld
unless Grantee and Jefferson County determine that the proposed Transfer
would be inconsistent with the Purpose and terms of this Easement.
7. NOTICE AND CONSENT
7.1 The following require notice to but do not require consent of Grantee: i) Any
mortgage, deed of trust, or similar document providing security for an indebtedness of
Owner, provided, however, that such security interest shall be subject and
subordinate to this Easement; ii) alternate energy installations for personal use within
the Residential Zone; or iii) any gift, bargain, sale, or devise of fee simple absolute
title to the Property.
7.2 Notice.
7.2.1 Grantee. Certain provisions of this Easement require Grantee to give notice
to Owner prior to undertaking certain activities. Whenever such notice is
required, and no other timeline for notice is set forth elsewhere in this
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7.3
7.4
Easement, Grantee is to provide such notice in writing not less than 30 days
prior to the date Grantee intends to undertake the use or activity in question.
7.2.2 Owner. Certain provisions of this Easement require Owner to give notice to
Grantee prior to undertaking certain permitted uses and activities (e.g.,
Sections 5.3, 5.5, and 6.20.2). The purpose of requiring Owner 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 notice
is set forth elsewhere in this Easement, Owner is to provide such notice in
writing not less than 90 days prior to the date Owner intends to undertake the
use or activity in question. The notice is to describe the nature, scope, design,
location, timetable, and any other material aspect of the proposed use or
activity in sufficient detail to permit Grantee to make an informed judgment as
to its consistency with the terms of this Easement and the Purpose thereof.
Consent.
7.3.1 Consent Not Unreasonably Withheld. Wherever, in this Easement, a Party's
consent is required, such consent may be withheld only upon'a reasonable
determination by the consenting party that the action as proposed would be
inconsistent with the Purpose or terms of this Easement and cannot be
modified to make the proposed action consistent with the Purpose and terms
of this Easement. Any consent may include reasonable conditions consistent
with the Purpose and terms of this Easement that must be satisfied in
undertaking the proposed action,. use, or activity,.
7.3.2 Timeline for Consent. Whenever, in this Easement, Owner's or Grantee's
consent is required, and no other timeline for consent is set forth elsewhere in
this Easement, the ''party whose consent is required must grant or withhold its
consent in writing within the following time periods:
7.3.2.1 Owner. Where consent by Owner is required under this Easement,
Owner must either grant or withhold their consent within 90 days of
receipt of a written request by certified mail for consent.
7.3.2.2 Grantee. Where consent by Grantee is required under this Easement,
Grantee shall grant or withhold its consent within 90 days of receipt of
a written request by certified mail for consent.
7.3.3 Failure to Grant or Deny Consent Within the Required Time. When consent is
required under this Easement, and when such consent is not granted or
denied within the time period and manner set forth in this Section 7, the
Parties 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 rights under this Easement with respect to any future
proposed action, use, or activity.
Optional consultation. If Owner is unsure whether a proposed use or activity is
prohibited by this Easement, Owner may consult Grantee by providing written notice
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to Grantee describing the nature, scope, design, location, timetable, and any other
material aspect of the proposed use or activity in sufficient detail to permit Grantee to
make an informed judgment as to its consistency with the Purpose of this Easement
and to provide comments thereon to Owner. This Section 7.4 does not itself impose
a requirement of prior consent of the activity described in any such notice.
7.5 Addresses for Notices. Any notice, demand, request, consent, approval or
communication that either Owner or Granteedesires or is required to give to the other
must be in writing and be personally delivered, or sent by first class mail with postage
prepaid, or transmitted by electronic means, with a copy of such electronic transmittal
bearing the date of transmittal retained by the transmitter, to the address or telephone
number provided by either party from time to time.
To Owner: David E. and Linda H. Radka
999 Old Tarboo Road
Quilcene WA 98376
Telephone: (360) 732-4950
Email: mantlady(a-)_gmail.com
To Grantee: Jefferson Land Trust
1033 Lawrence Street
Port Townsend WA 98368
Telephone: (360) 379-9501
Fax: (360) 379-9897
Email: ed(ab-saveland.org
Grantee shall provide a copy to Jefferson County Department of Environmental Health of any
notice given by Owner or Grantee under Section 8.1. or 9.1.
Jefferson County Department of Environmental Health
615 Sheridan Street
Port Townsend, WA 98368
8. DISPUTE RESOLUTION
8.1 Preventive Discussions. Owner and Grantee will promptly give the other party notice
of problems or concerns arising in connection with the other's 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 minimize the same.
8.2 Mediation. If the Parties disagree as to the consistency of any proposed use or
activity with the Purpose or terms of this Easement and the Parties are unable to
resolve such disagreement through unassisted preventive discussions between
themselves, and if Owner agrees not to proceed with the use or activity pending
resolution of the dispute, Owner or Grantee may refer the dispute to mediation by
request made in writing upon the other. Within ten business days of the receipt of
ME
such a request, the parties to the mediation ("Mediation Parties") shall select a single
impartial mediator. Mediation shall then proceed in accordance with the following
guidelines:
8.2.1 Purpose. The purpose of the mediation is to: (a) promote discussion among
the Mediation Parties; (b) assist the Mediation Parties to develop and
exchange pertinent information concerning the issues in dispute; and (c)
assist the Mediation Parties to develop proposals which enable them to arrive
at a mutually acceptable resolution of the controversy. The mediation is not
intended to result in any express or de facto modification or amendment of the
terms, conditions or restrictions of this Easement.
8.2.2 Participation. The mediator may meet with the Mediation Parties and their
counsel jointly or ex parte. The Mediation Parties agree that they will
participate in the mediation process in good faith and expeditiously, attending
all sessions scheduled by the mediator. Representatives of all Mediation
Parties with settlement authority will attend mediation sessions as requested
by the mediator.
8.2.3 Confidentiality. All information presented to the mediator shall be deemed
confidential and shall be disclosed by the mediator only with the consent of
the Mediation Parties or their respective counsel. The mediator shall not be
subject to subpoena by any party. No statements made or documents
prepared for mediation sessions shall be disclosed in any subsequent
proceeding or construed as an admission of a party. Records of mediation
communications shall be exempt from the requirements of Chapter 42.56
RCW,(Washington State Public Records Act) to the extent provided for in
Chapter 7.07 RCW(Washington'' State Uniform Mediation Act).
8.2.4 Time Period. Neither party shall' be obligated to continue the mediation
process beyond a period of 60 days from the date of receipt of the initial
request or if the mediator concludes that there is no reasonable likelihood that
continuing mediation will result in a mutually agreeable resolution of the
dispute.
8.2.5 Costs. The costs of the mediator shall be borne equally by the Parties; the
Mediation Parties shall bear their own expenses, including attorney's fees,
individually.
8.3 Arbitration. The Parties may by mutual agreement submit disputed matters (other
than extinguishment of this Conservation Easement which shall occur only in
accordance with Section 11 below) to arbitration upon such rules of arbitration as the
Parties may agree.
9. GRANTEE'S REMEDIES
9.1 Notice of Non -Compliance. If Grantee determines that Owner is in violation of the
terms of this Easement or that a violation is likely to occur, Grantee shall give written
notice to Owner of such violation and demand corrective action sufficient to cure the
violation and, where the violation involves injury to the Property resulting from any
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use or activity inconsistent with the Purpose or terms of this Easement, to restore the
portion of the Property so injured to its prior or potential condition in accordance with
a plan to which Grantee has given consent in writing.
9.2 Owner's Failure to Respond. Grantee may bring an action as provided in Section 9.3
if Owner:
9.2.1 Fails to cure the violation within 30 days after receipt of notice thereof from
Grantee;
9.2.2 Under circumstances where the violation cannot reasonably be cured within
the 30 day period, fails to begin curing such violation within the 30 day period;
or
9.2.3 Fails to continue diligently to cure such violation until finally cured.
9.3 Grantee's Action. Grantee may bring an action at law or in equity, or both, in a court
of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation,
ex parte as necessary and as allowed under the applicable civil rules, by temporary
or permanent injunction, to recover any damages to which it may be entitled for
violation of the terms of this Easement or injury to any of the Conservation Values
protected by this Easement, including damages for the loss of any of the
Conservation Values; and to require the restoration of the Property to the condition
that existed prior to any such injury. Without limiting Owner's liability therefor,
Grantee, in its sole and absolute discretion, may apply any damages recovered to the
cost of undertaking any corrective action on the Property. All such actions for
injunctive relief may be taken without Grantee being required to post bond or provide
other security.
9.4 Immediate Action Required. Notwithstanding any other provision of this Easement, if
Grantee, in its sole and absolute discretion, determines that circumstances require
immediate action to prevent or mitigate significant damage to the Conservation
Values, Grantee may pursue its remedies under this Section 9 without prior notice to
Owner, without participation in dispute resolution as provided for in Section 8, or
without waiting for the period provided for cure to expire.
9.5 Nature of Remedy. Grantee's rights under this Section 9 apply equally in the event of
either actual or threatened violations of the terms of this Easement. Owner agrees
that Grantee's remedies at law for any violation of the terms of this Easement are
inadequate, and that Grantee shall be entitled to the injunctive relief described in this
Section 9, both prohibitive and mandatory, in addition to such other relief to which
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 remedies described in this Section 9
shall be cumulative and shall be in addition to all remedies now or hereafter existing
at law or in equity. The provisions of Section 9.5 shall not be interpreted to preclude
Grantee from obtaining injunctive relief.
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9.6 Damages. Inasmuch as the actual damages to the Conservation Values that could
result from a breach of this Easement by Owner would be impractical or extremely
difficult to measure, the Parties agree that the money damages Grantee is entitled to
recover from Owner shall be, at Grantee's election, the higher of: (i) the amount of
economic gain realized by Owner from violating the terms of the Easement; (ii) the
cost of restoring any Conservation Values that have been damaged by such violation;
(iii) an amount equal to the fair market value of this Easement, which shall be
determined as provided in Section 11.3 and distributed as provided in Section 11.4;
or (iv) an amount equal to the total project cost as specified in any written agreement
with an entity that provided funding for the acquisition of this Easement, 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. In the event Grantee chooses the second of
these four measures, Owner agrees to allow Grantee, its agents or contractors to
enter upon the Property and conduct restoration activities. In the event that Grantee
chooses the third or fourth of these four measures, Grantee agrees that it will follow
the dispute resolution process and remedies described in Sections 8 or 9 before
exercising this right, unless legally compelled to do otherwise. Any amounts due and
owing Grantee under this paragraph shall be due and owing within 120 days of
receiving a written demand for repayment by Grantee.
9.7 Costs of Enforcement. In the event Owner or Grantee finds it necessary to bring an
action at law or other proceeding against the other party to enforce or interpret any of
the terms, covenants, or conditions of this Easement, the prevailing party in any such
action or proceeding shall be paid all costs and reasonable attorneys' and
consultants' fees by the other party and all such costs and attorneys' and consultants'
fees shall be included in any judgment secured by such, prevailing party. This
paragraph does not apply to the municipal corporation that is Jefferson County.
9.8 Grantee's Discretion. Enforcement of the terms of this Easement shall be at the
discretion of Grantee, and any forbearance by Grantee to exercise its rights under
this Easement in the event of any breach of any terms of this Easement by Owner
shall not be deemed or construed to be a waiver by Grantee of such term or of any of
Grantee's rights under this Easement. No delay or omission by Grantee in the
exercise of any right or remedy upon any breach by Owner shall impair such right or
remedy or be construed as a waiver. Jefferson County has no obligation to participate
in or assist with said Enforcement.
9.9 Waiver of Certain Defenses. Granting Owner acknowledges that they have carefully
reviewed this Easement and has consulted with and been advised by legal counsel of
its terms and requirements. In full knowledge of the provisions of this Easement,
Owner hereby waives any claim or defense they may have against Grantee or its
successors in interest under or pertaining to this Easement based upon
abandonment, adverse possession, or prescription relating to the Property or this
Easement. Except for the foregoing, Owner specifically retains any and all rights it
has under the law as owner of the Property, including, without limitation, the right to
bring claims against Grantee for any breach by Grantee of the terms of this
Easement.
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9.10 Acts Beyond Owner's Control. Nothing contained in this Easement may be construed
to entitle Grantee to bring any action against Owner to abate, correct, or restore any
condition on the Property or to recover damages for any injury to or change in the
Property resulting from actions by a trespasser upon the Property or causes beyond
Owner's control, including, without limitation, natural disaster, fire, flood, storm, pest
infestation, earth movement, and climate change, and from any prudent action taken
by Owner 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 Owner has not undertaken suit itself, Owner
agrees, at Grantee's option and Grantee's expense, to assign its right of action to
Grantee or to appoint Grantee its attorney in fact, for purposes of pursuing
enforcement action against the responsible parties. Jefferson County has no
obligation to participate in or assist with said enforcement.
9.11 Compliance Certificates. Upon request by Owner, Grantee shall, as soon as possible
and no later than 30 days after receipt of such request, execute and deliver to Owner
any document, including an estoppel certificate, which certifies, to the best of
Grantee's knowledge, Owner's compliance or lack thereof with any obligation of
Owner contained in this Easement and otherwise evidences the status of this
Easement as requested by Owner. Such certification shall be limited to the condition
of the Property as of Grantee's most recent inspection. If Owner requests more
current documentation, Grantee must conduct an inspection, at Owner's expense,
within 45 days of receipt of Owner's written request and payment therefor.
10. LIABILITIES, TAXES, AND ENVIRONMENTAL COMPLIANCE
10.1 Liabilities and Insurance. Owner retains all responsibilities and shall bear all costs
and liabilities of any kind related to the ownership, operation, upkeep, and
maintenance of the Property, including the maintenance of adequate liability
insurance coverage. The Parties release and relieve the other, and waive their entire
right to recovery for loss or damage to the extent that the loss or damage is covered
by the injured party's insurance. This waiver applies whether or not the loss is due to
the negligent acts or omissions of Owners or Grantee. Owner remains solely
responsible for obtaining any applicable governmental permits and approval for any
construction or other activity or use permitted by this Easement, and all such
construction or other activity or use shall be undertaken in accordance with all
applicable Federal, state, and local laws, regulations, and requirements. Owner shall
keep the Property free of any liens arising out of any work performed for, material
furnished to, or obligations incurred by Owner; provided, however, that the Property
shall be deemed to be free of such liens if i) Owner or Grantee, as the case may be,
is diligently challenging the application of such liens to the Property; or ii) such liens
are subordinated to this Easement and do not require any action or inaction
inconsistent with the Purpose and terms of this Easement.
10.2 Taxes. Owner must pay before delinquency all taxes, assessments, fees, charges of
whatever description levied on or assessed against the Property by competent
authority (collectively "taxes"), including any taxes imposed upon, or incurred as a
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result of, this Easement, and must furnish Grantee with satisfactory evidence of
payment upon request.
10.3 Liability. Each party to this Easement is responsible for its own acts and/or omissions
and those of its members, directors, officers, employees, agents, and contractors. No
party to this Easement is responsible for the acts and/or omissions of entities or
individuals not a party to this Easement.
10.4 Representations and Warranties. Granting Owner represents and warrants that, to
the best of Granting Owner's knowledge without the duty of investigation:
10.4.1 Granting Owner and the Property are in compliance with all Federal, state,
and local laws, regulations, and requirements applicable to the Property and
its use;
10.4.2 There has been no release, dumping,burying, abandonment or migration from
off-site on the Property of any substances, materials,' or wastes that are or are
designated as, hazardous, toxic, ,;dangerous, or harmful or contain
components that are, or are designated as, hazardous, toxic, dangerous, or
harmful and/or that are subject to regulation as hazardous, toxic, dangerous,
or harmful by any federal, state or local law, regulation, statute, or ordinance;
10.4.3 Neither Granting Owner nor Granting Owner's predecessors in interest have
disposed of any hazardous substances off-site,, nor have they disposed of
substances at sites designated or proposed to be designated as federal
Superfund (42 U.S.C. § 9601 et seq.) or state Model Toxics Control Act (RCW
70.105x.010 et seq.) ("MTCA") sites; and
10.4.4 There is no pending or threatened litigation affecting the Property or any
portion of the Property that will materially impair the Conservation Values of
any portion of the Property. No civil or criminal proceedings have been
instigated or are pending against Granting Owner or Granting Owner's
predecessors by government agencies or third parties arising out of alleged
violations of environmental laws, and neither Granting Owner nor Granting
Owner's predecessors in interest have received any notices of violation,
penalties, claims, demand letters, or other notifications relating to a breach of
environmental laws.
10.5 Remediation. If, at any time, there occurs, or has occurred, a Release in, on, or
about the Property of a Hazardous Substance, Owner agrees to take or compel
responsible third parties to take all steps required under applicable law and
necessary to assure its containment and remediation, including any cleanup that may
be required under applicable law (except that the use of institutional controls shall not
be allowed without Grantee's consent), unless the Release was caused by Grantee,
in which case Grantee shall be responsible for such remediation to the extent the
Release was caused by Grantee. At its discretion, Grantee may assist Owners in
compelling third parties to contain and remediate any such Release.
10.6 Control. Nothing in this Easement shall be construed as giving rise, in the absence of
a judicial decree, to any right or ability in Grantee to exercise physical or managerial
-23-
control over the day-to-day operations of the Property, or any of Owners' activities on
the Property, or otherwise to become an operator with respect to the Property within
the meaning of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended ("CERCLA") or owner or operator under the Model
Toxics Control Act (MTCA).
11. SUBSEQUENT TRANSFER OR EXTINGUISHMENT
11.1 Extinguishment.
11.1.1 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
competent jurisdiction.
11.1.2 The amount of the proceeds to which Grantee shall be entitled, after the
satisfaction of prior claims, from any sale, exchange, or involuntary conversion
of all or any portion of the Property subsequent to such termination or
extinguishment, shall be determined, unless otherwise provided by
Washington law at the time, in accordance with Section 11.3. Jefferson
County reserves its right to receive a share (68%) of proceeds in the event of
any extinguishment or termination of the Easement. Grantee shall use all such
remaining proceeds in a manner consistent with the Purpose of this
Easement.
11.1.3 In granting this Easement, Granting Owner has considered the fact that any
use of the Property that is prohibited by this Easement, or any other use as
determined to be inconsistent with the Purpose of this Easement, may
become economically more valuable than permitted uses. It is the intent of
both Granting Owner and Grantee that such circumstances shall not justify the
termination or extinguishment of this Easement. Owners' inability to carry on
any or all of the permitted uses, or the unprofitability of doing so, shall not
impair the validity of this Easement or be considered grounds for its
termination or extinguishment.
11.2 Condemnation. If the Easement is taken, in the whole or in the part, by the exercise
of the power of eminent domain, Grantee shall be entitled to compensation in
accordance with Section 11.3 and 11.4, for the value of the Easement taken; and
Owner shall be entitled to compensation in accordance with applicable law for the
value of the underlying fee title and improvements taken. In the event that Section
11.3 violates applicable law, then the proceeds to Owner and Grantee shall be
divided in accordance with applicable law.
Valuation. For grant funding purposes, the Parties stipulate that this Easement has a
fair market value determined by the difference between the fair market value of the
Property encumbered by this easement and the fair market value of the Property
unencumbered by this Easement at the time of termination or extinguishment, as
determined by an appraisal by a qualified appraiser.
-24-
11.3 Distribution of Proceeds. In the event of extinguishment of this Easement pursuant to
Section 11.1, condemnation of this Easement pursuant to Section 11.2, or damages
received by Owner in an amount equal to the fair market value of this Easement
pursuant to Section 9.6, any proceeds attributable to the value of the Easement shall
be distributed pursuant to Section 11.3 and 11.4.
11.4 Subsequent Transfers. Owner agrees to: (1) incorporate by express reference the
terms of this Easement in any deed or other legal instrument by which Owner divests
Owner of any interest in all or a portion of the Property; and (2) describe this
Easement in and append it to, any executory contract for the transfer of any interest
in the Property. Owner further agree to give written notice to Grantee and to
Jefferson County Department of Environmental Health of the transfer of any interest
at least 30 days prior to the date of such transfer. Such notice to Grantee shall
include the name, address, and telephone number of the prospective transferee or
such transferee's representative. The failure of Owner to perform any act required by
this Section 11 shall not impair the validity of this Easement or limit its enforceability
in any way.
12.AMENDMENT
If circumstances arise under which an amendment to or modification of this
Easement would be appropriate, Owner and Grantee are free, upon 30 days
advance written notice to the Jefferson County Department of Environmental Health,
to jointly amend this Easement, provided that no amendment shall be allowed that
will affect the qualification of this Easement or the status of Grantee under any
applicable laws, including without limitation RCW 64.04.130, Chapter 84.34 RCW, or
h)
the
shall not affect its
the Property from
of the'Conservati(
the provisions of
Jefferson County,
required.
13.ASSIGNMENT
Internal Revenue Code of 1986, as amended (or any
then applicable), ,Any such amendment shall be consistent
use of this Easement; shall not result in diminution of the
of the Property permanently protected under this Easement;
petual duration; shall not result in the release of any portion of
manent protection under this Easement absent extinguishment
?asement as to such portion of the Property in accordance with
:ion 11 above; and shall be recorded in the official records of
ishington, and any other jurisdiction in which such recording is
13.1 Assignment.
13.1.1 Grantee's Interest. Grantee's interest in this Easement is transferable, but
Grantee may assign its rights and obligations under this Easement only to an
organization that is a qualified holder at the time of transfer under RCW
64.04.130, as amended. As conditions of such transfer, Grantee shall require
that assignee (a) continue to carry out the Purpose of this Easement and (b)
-25-
comply with the terms of any agreement with a funding source for the
acquisition of this Easement, if any. Grantee shall notify Owner and Jefferson
County in writing, at Owner's last known address, in advance of such
assignment. The assignment shall not 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.
13.2 Rights and Obligations Upon Transfer. Grantee or Owner's rights and obligations
under this Easement terminate upon transfer of the party's interest in the Property or
this Easement, as the case may be, except that liability for acts or omissions
occurring prior to transfer shall survive transfer.
13.3 Succession. If at any time it becomes impossible for Grantee to ensure compliance
with the covenants contained herein and Grantee has not named a successor
organization, or Grantee shall cease to exist, then Grantee's rights and duties
hereunder shall become vested and fall upon:
13.3.1 The Trust for Public Land; or
13.3.2 Such other entity, with purposes similar to Grantee's, authorized to acquire
and hold conservation easements under RCW 64.04.130 and RCW 84.34.250
(or any successor provisions then applicable), and a qualified organization
under Section 170(h) of the Internal Revenue Code of 1986, as amended (or
any successor provisions then applicable); provided that if such vesting in any
of the entities named above is deemed to be void under the Rule Against
Perpetuities, the rights and obligations under this Easement shall vest in such
organization as a court having jurisdiction shall direct, pursuant to the
applicable Washington law and the Internal Revenue Code and with due
regard to the Purpose of this Easement.
14. RECORDATION
Grantee shall record this instrument immediately upon execution in the official records
of Jefferson County, Washington, and in any other appropriate jurisdictions, and may
re-record it at any time as may be required to preserve its rights in this Easement.
15. NO MERGER
In the event that Grantee acquires all or a portion of the fee title to the Property, it is
the intent of the Parties that no merger of title shall take place that would merge the
restrictions of this Easement with fee title to the Property and thereby eliminate them,
and that the restrictions on the use of the Property, as embodied in the Easement,
shall, in the event that all or a portion of title become vested in Grantee, become and
remain permanent and perpetual restrictions on the use of the Property. Grantee
covenants to do what is required to prevent merger of title, including, if necessary,
assignment of the Easement to an appropriate third party pursuant to Section 13.1.
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y 1' V
16. GENERAL PROVISIONS
16.1 Effective Date. The Effective Date of this Easement is the date of its recording in the
official records of Jefferson County, Washington ("Effective Date").
16.2 Governing Law and Venue. The laws of the State of Washington and applicable
federal law shall govern the interpretation and performance of this Easement. By
executing this Easement, Granting Owner acknowledges the jurisdiction of the courts
of the State of Washington in this matter.
16.3 Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the grant to
affect the Purpose of this Easement. If any provision in this instrument is found to be
ambiguous, an interpretation consistent with the Purpose of this Easement that would
render the provision valid shall be favored over any interpretation that would render it
invalid.
16.4 Severability.
16.4.1 Except as provided in Section 16.4.2 below, if any 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, the remainder of the
provisions of this Easement, or the application of such provision to persons or
circumstances other than those as to which it is found to be invalid or
unenforceable, as the case may be, shall not be affected thereby.
16.4.2 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.
16.5 Entire Agreement. This instrument sets forth the entire agreement of the Parties with
respect to the Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Easement, all of which are merged
herein. No alteration or variation of this instrument shall be valid or binding unless
contained in an amendment that complies with Section 12.
16.6 No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Owners' title in any respect.
16.7 "Granting Owner"- "Owner"- "Grantee". The terms "Granting Owner" and "Owner",
wherever used in this instrument, and any pronouns used in the place thereof, mean
and include the above-named Granting Owner and Granting Owner's successors and
assigns, and the term "Grantee", wherever used in this instrument, and any pronouns
used in the place thereof, means and includes the above-named Grantee and its
-27-
successors and assigns. The term "Owner" shall also include any party taking
ownership of the Property, or any portion thereof, subsequent to the foreclosure of
any mortgage or deed of trust.
16.8 Successors. The covenants, terms, conditions, and restrictions of this Easement
shall be binding upon, and inure to the benefit of, the Parties and their respective
successors and assigns, and to any party taking ownership of the Property, or any
portion thereof, subsequent to the foreclosure of any mortgage or deed of trust, and
shall continue as a servitude running in perpetuity with the Property.
16.9 Captions. The captions in this instrument have been inserted solely for convenience
and ease of reference and are not a part of this instrument and shall have no effect
upon construction or interpretation.
16.10 Counterparts. The Parties may execute this instrument in two or more counterparts,
which shall, in the aggregate, be signed by both Parties; each counterpart shall be
deemed an original instrument as against any party who has signed it. In the event of
any disparity between the counterparts produced, the recorded counterpart shall be
controlling.
16.11 Authority. The individuals signing below, if signing on behalf of any entity, represent
and warrant that they have the requisite authority to bind the entity on whose behalf
they are signing.
16.12 Recitals. The Parties agree that the terms and recitals set forth in Section 1 (among
other terms of this Easement) are material to this Easement, and that each Party has
relied on the material nature of such terms and recitals in entering into this Easement.
Each term and recital set forth in Section 1 is fully incorporated into this Easement.
17. SCHEDULE OF EXHIBITS
Exhibit A. Legal Description of Property.
{Signature Pages Follow}
M.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the undersigned Granting Owner has executed this instrument this
day of 2018.
David E. Radka
Linda H. Radka
Jefferson Land Trust does hereby accept
Jefferson Land Trust, a Washington nonprofit
By:
Sarah Spaeth, Director of
-29-
Grant Deed of Conservation Easement.
ration
hips
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
I certify that I know or have satisfactory evidence that DAVID E. RADKA and LINDA
H. RADKA are the persons who appeared before me and acknowledged that they signed
this instrument as their free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
(Use this space for notarial stamp/seal)
otary Public
rint Name
ly commission expires
-30-
W
V N , y.1� ~
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
I certify that I know or have satisfactory evidence that SARAH SPAETH is the person
who appeared before me, and said person acknowledged that she signed this instrument, on
oath stated that she was authorized to execute the instrument and acknowledged it as the
Director of Conservation and Strategic Partnerships of Jefferson Land Trust to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
(Use this space for notarial stamp/seal)
otary Public
rint Name
y commission expires
-31-
0 'j: n ,,#
EXHIBIT A
Legal Description of Property
Parcel A:
The North 30 acres of the East 1/2 of the Southeast 1/4,
TOGETHER WITH An easement for ingress and egress and utilities and road purposes over
and across the East 30 feet of the East 1/2 of the Southeast 1/4 lying South of said North 30
acres and Northerly of County Road. All in Section 20, Township 28 North, Range 1 West, W.M.
Parcel B:
That part of the East 1/2 of the Southeast 1/4 of Section 20, Township 28 North, Range 1 West,
W.M., described as follows:
Beginning at the Southeast corner of the North 30 acres of the East 1/2 of the Southeast 1/4 of
said section;
Thence South along the East line of Section 20, a distance of 330 feet;
Thence West parallel with the South line of Section 20 to the center of the Tarboo Creek;
Thence Northerly along the center line of said creek to the South line of the North 30 acres of
the East 1/2 of the Southeast 1/4 of Section 20;
Thence East along the South line of the North 30 acres to the point of beginning.
TOGETHER WITH an easement for ingress, egress and utilities and road purposes over and
across the East 30 feet of the East 1/2 of the Southeast 1/4 lying South of the above described
property.
TOGETHER WITH an easement for utilities over, under and across a portion of the East %2 of
the Southeast '/4 of Section 20, Township 28 North, Range 1 West, as disclosed by Auditor's
File No. 335210, recorded October 8, 1990.
All situate in the County of Jefferson, State of Washington.
i
When Recorded Return to:
Commanding Officer (Real Estate)
Naval Facilities Engineering Command Northwest
1101 Tautog Circle
Silverdale, WA 98315-1101
Document Title: Grant Deed of Restrictive Easement
Reference Number(s) of Documents assigned or released: n/a
Grantor: Linda H. Radka and David E. Radka
Grantee: United States of America, acting by and through the Department of the Navy
Legal description (abbreviated):
Ptns NE SE 20-28-1 W
❑x Additional legal description is on Page 11 of document.
Assessor's Property Tax Parcel/Account Number: 801 204 004 and 801 204 008
GRANT DEED OF RESTRICTIVE EASEMENT
THIS GRANT DEED OF RESTRICTIVE EASEMENT ("Easement") dated for
reference purposes , 2017, is granted by Linda H. and David E. Radka
("Grantors") to the United States of America, acting by and through the Department of the Navy
("the Government").
RECITALS
A. WHEREAS, Grantor is the sole owner of the fee simple estate of certain real property in
Jefferson County, Washington, more particularly described below in Exhibit A ("Legal
Descriptions") and shown in Exhibit B ("Property Map"), said exhibits attached hereto and
by this reference made a part hereof (the "Property"); and
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Page 1 of 13
I
B. WHEREAS, the United States of America, acting by and through the Department of the
Navy (the "Government") operates Naval Magazine Indian Island ("Indian Island") in
Jefferson County, Washington, and Naval Base Kitsap Bangor in Kitsap County, Washington
(`Bangor")in the vicinity of the Property; and
C. WHEREAS, it is in the public interest to limit development and/or use of the Property that
would otherwise interfere, whether directly or indirectly, with the Government's current or
anticipated military training, testing or operations on the Installations; and
D. WHEREAS, the Property possesses agricultural, forest, scenic, natural, open space, water
quality, riparian habitat, aquifer recharge and wildlife habitat values of great importance to
Grantor and the people in Jefferson County and the State of Washington ("Conservation
Values"); and
E. WHEREAS, Grantor intends the Property to be maintained primarily in agricultural uses,
habitat, and forestry uses by the maintenance of the agricultural, habitat, and forestry values
thereof and that the ecological, open -space and scenic values of the Property be preserved by
the continuation of the existing land uses and related rural activities that are historically
compatible with such values; and
F. WHEREAS, Grantor intends that the Property shall remain predominantly free of structures
or improvements, except as otherwise permitted in Section 4, and
G. WHEREAS, this Easement is entered into by the Government pursuant to Section 2684a of
Title 10 of the United States Code to acquire appropriate interests in property to allow the
Government to sustain military training, testing, and operations on the Installations and in the
vicinity of the Property; and
H. WHEREAS, the Government and Jefferson Land Trust, a Washington nonprofit corporation
(the "Land Trust"), entered into an agreement identified as Multi -Year Encroachment
Protection Agreement Number N442551IRP00034 as amended, whereby the Land Trust
agreed to accomplish the acquisition of certain real property interests in the vicinity of the
Installations for purposes that are consistent with each party's objectives. The Land Trust's
mission is to Preserve open space, working lands and habitat, forever. The Government's
objective is to prevent incompatible land development in the vicinity of Bangor and Indian
Island. Limiting the development on and preserving the Working Land Values of the
Property meets the parties' objectives.
I. WHEREAS, Grantor and Government acknowledge there will be two easements on the
Property: (1) this Deed of Restrictive Easement held by the Government and, (2) a Grant
Deed of Conservation Easement held by Jefferson Land Trust, a Washington nonprofit
corporation ("Land Trust Easement"). Grantor further acknowledges that this Easement and
the Land Trust Easement are for different, as well as similar purposes and that, accordingly,
Radka / USA
Page 2 of 13
these two instruments prohibit, permit, and regulate certain different uses and activities.
Grantor further acknowledges that, with respect to any given use or activity on the Property,
Grantor will be constrained by the more restrictive relevant provisions of these two
instruments;
J.
NOW THEREFORE, for and in consideration of the mutual covenants, terms, conditions and
restrictions contained herein, Grantor hereby grants, warrants, and conveys to the Government a
nonexclusive restrictive easement in perpetuity, on and over the Property, of the nature and
character and to the extent set forth herein, subject to Exceptions to Title described in Exhibit C,
attached hereto and by this reference made a part hereof.
1. PURPOSE. It is the purpose of this Easement to limit any future improvement, development,
or use of the Property that interferes, whether directly or indirectly, with the Government's
current or anticipated military training, testing or operations at the Installations, as described
above ("Purpose").
Z. RIGHTS OF THE GOVERNMENT. Grantors hereby grant, warrant and convey the following
rights to the Government:
a. All development rights, except as specifically reserved herein, and it is agreed that such
rights may not be used on or transferred off the Property as it now or hereafter may be
bounded or described, or to any other property adjacent or otherwise, or (except as
expressly permitted herein) used for the purpose of calculating permissible lot yield or
density of the Property or any other property.
b. The right to prohibit development or use of the Property that would be incompatible with
the Purpose of this Easement, as described above, and to require the restoration of such
areas or features of the Property that may be materially damaged by any inconsistent
activity or use, pursuant to Section 6.
c. The right to enter upon the Property at reasonable times in order to monitor Grantor's
compliance with this Easement and to enforce the terms of this Easement, provided that
any such entry by the Government shall be upon reasonable advance notice to Grantor
and shall not unreasonably interfere with Grantor's use and quiet enjoyment of the
Property.
3. PROHIBITED USES. The following uses are prohibited on the Property:
a. Construction of any structures or improvements, except as otherwise permitted in Section
4 below;
b. Use of the Property for other than those permitted uses and activities described in Section
4,below;.
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Page 3 of 13
c. Subdivision or separate ownership of the Property. The Property shall be construed as a
single indivisible parcel encumbered by this Easement whether or not the Property
consists of one or more parcels. Grantor shall not in a legal or in a "de facto' manner
subdivide the Property, which shall include, but not be limited to, any subdivision, short
subdivision, platting, binding site plan, testamentary division, or other process by which
title to different portions of the Property are held by different owners.
4. RESERVED RIGHTS AND PERMITTED USES. Grantor reserves for itself, and to its
personal representatives, heirs, successors and assigns, all rights accruing from its ownership
of the Property that are not expressly conveyed hereby or prohibited hereunder and are not
otherwise inconsistent with the Purpose of this Easement. Without limiting the generality of
the foregoing, the following rights are expressly reserved but, notwithstanding the foregoing,
Grantor shall have no obligation to engage in, allow such uses on, or restore the Property
("Permitted Uses"):
a. To protect and preserve in perpetuity the Conservation Values of the Property.
b. To restore and/or enhance the Conservation Values of the Property.
To construct, expand, enlarge, maintain, repair, replace, or decommission buildings,
structures, and other permanent improvements, provided that such improvements are
reasonably and exclusively related to residential or Agricultural Activities, as defined in
Section 4.c. Residential structures shall be limited to one single family and one associated
Accessory Dwelling Unit as defined in County Code on the Property and shall be located
with the building envelope identified in the Jefferson Land Trust Conservation Easement
and shown on the recorded survey AFN—dated .. Temporary seasonal
accomodations for farm workers are not considered to be permanent dwelling units.
d.
To permit use of the Property for open space and non -motorized trail purposes, which
activities include, but are not limited to non -consumptive recreation, scientific research,
education, and the observation and appreciation of nature.
e. To install, build, or construct improvements for alternative energy production for
generating energy for the permitted uses on the Property. Grantor may sell to public
utility systems any energy generated by such improvements that is in excess of energy
requirements for the permitted uses on the Property. Improvements for the sole purpose
of generating energy in excess of what is needed for agricultural and residential uses are
not allowed.
5. NOTIFICATION.
a. Notice of Intent to Undertake New Uses or Activities: If Grantor plans to undertake a use
or activity, other than a permitted use or activity described in Section 4 ("New Activity"),
then Grantor will notify the Government in writing not less than 30 days prior to the date
on which Grantor intends to undertake or engage in such New Activity. The notice shall
describe the New Activity, its nature, scope, design, location, timetable and all other
Radka / USA
Page 4 of 13
material aspects of the New Activity in sufficient detail to permit the Government to
make an informed judgment as to whether or not the New Activity is consistent with the
terms and Purpose of this Easement.
b. Government's Approval: Within 60 days of receipt of such a notice from Grantor, the
Government will respond in writing, either indicating its approval of the New Activity or
indicating its disapproval of the New Activity. The Government may withhold its
approval of any New Activity only upon a reasonable determination by the Government
that the New Activity is either specifically prohibited by this Easement or else would be
inconsistent with the terms and/or Purpose of this Easement. Government's failure to
respond to Grantor's written notice within the time frame set forth above shall constitute
disapproval of the New Activity described in such notice.
6. ENFORCEMENT AND REMEDIES.
a. General. Upon any breach of a term of this Easement by Grantor, the Government may
exercise any or all of the following remedies:
i. Instituting a lawsuit or other legal action seeking an injunction to enjoin any breach of
this Easement by Grantor or third parties acting on behalf of Grantor; and
ii. Requiring that the Property be restored promptly to the condition existing
immediately prior to the action or event constituting a breach.
b. The Government's remedies shall be cumulative and shall be in addition to such other
remedies available to the Government at law or equity. If Grantor is found by a Court of
competent jurisdiction to have breached any of Grantor's obligations under this
Easement, Grantor shall reimburse the Government for any costs or expenses incurred by
the Government in pursuing its remedies, including court costs and reasonable attorney's
fees and costs.
Government's Discretion. Enforcement of the terms of this Easement shall be at the
discretion of the Government. No failure on the part of the Government to enforce any
term of this Easement shall discharge or invalidate such term or any other term of this
Easement, or affect the right of the Government to enforce that same term in the event of
a subsequent breach.
d. Dispute Resolution. If the Government determines that Grantor is or is likely to be in
breach of this Easement for any reason, the Government will provide Grantor written
notice of such determination and a reasonable time in which to cure the alleged breach.
If, after the end of the cure period, the Government continues to believe Grantor is or is
likely to be in breach of this Easement, then it may pursue all legal and equitable
remedies available to it as set forth above. Notwithstanding the foregoing, the parties
may, at any time, by mutual agreement, institute mediation or other alternative dispute
resolution procedures to resolve any disputes arising in connection with this Easement
and Grantor's use of the Property.
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Page 5 of 13
7. COSTS AND LIABILITIES. Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership and maintenance of the Property. The
Government retains all responsibilities and shall bear all costs and liabilities of any kind
related to its use, if any, of the Property.
8. REMEDIATION. If, at any time, Grantor causes a release on or in the vicinity of the
Property any hazardous substance in violation of any federal, state or local law or regulation,
Grantor shall take the necessary steps to assure its containment and remediation in
accordance with applicable law, including any cleanup that may be required.
9. CONTROL. Nothing in this Easement shall be construed as giving rise, in the absence of a
judicial decree, to any right or ability in the Government to exercise physical or managerial
control over the day-to-day operations of the Property or Grantor's activities on the Property
or to become an operator with respect to the Property within the meaning of the
Comprehensive Environmental Response Compensation and Liability Act of 1980, as
amended, or any similar state law.
10. SUBSEQUENT TRANSFERS. Grantor agrees to incorporate the terms of this Easement in
any deed or other legal instrument by which it divests itself of any interest in the Property,
including a leasehold interest. Grantor expressly intends that this Easement touches and
concerns the Property and the conditions, covenants and restrictions contained herein shall be
deemed covenants running with the land and shall inure to the benefit of, and shall be
binding upon the respective heirs, successors, grantees and assigns of the parties and to any
parties hereafter having any right, title or interest in or to the Property or any portion thereof.
This Easement shall continue in perpetuity unless otherwise modified in writing by Grantor
and the Government as provided for herein.
11. NOTICES. Any notice, approval or communication that either party is required to give to
the other party shall be in writing and shall be delivered to the following address:
To Grantor: David E. and Linda H. Radka
999 Old Tarboo Road
Quilcene WA 98376
To Government: Commanding Officer (Real Estate)
Naval Facilities Engineering Command, NW
1101 Tautog Circle
Silverdale, WA 98315-1101
Or to such other address as either party may designate by written notice to the other.
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Page 6 of 13
12. AMENDMENT. Any subsequent modification or amendment to this Grant Deed of
Restrictive Easement shall be in writing, signed by both Grantor and the Government, or
their respective successors and assigns, and shall be recorded as an amendment hereto.
13. LIBERAL CONSTRUCTION. Any general rule of contract construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the
Purpose of this Easement and the policy and the purpose of Section 2684a of Title 10 of the
United States Code. If any provision in this instrument is found to be ambiguous, an
interpretation consistent with the Purpose of this Easement that would render the provision
valid shall be favored over any interpretation that would render it invalid.
14. CONTROLLING LAW. This Easement shall be construed in accordance with the laws of
the United States and the State of Washington.
REMAINDER OF PAGE IS INTENTIONALLY BLANK;
SIGNATURE PAGES FOLLOW
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Page 7 of 13
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed the day and
year written above.
GRANTOR: David E. Radka and Linda H. Radka
Date: , 2017
Date: , 2017
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON)
I certify that I know or have satisfactory evidence that are
the persons who appeared before me, and said persons acknowledged that they signed this
instrument, and acknowledged it to be the free and voluntary act of such persons for the uses
and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
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Page 8 of 13
The United States of America, acting by and through the Department of the Navy, does hereby
accept the Grant Deed of Restrictive Easement.
Dated:
C
Print Name:
Its:
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Page 9 of 13
Exhibit A: Legal Descriptions
PROPERTY:
Parcel A:
The North 30 acres of the East of of the Southeast 1/4,
TOGETHER WITH An easement for ingress and egress and utilities and road purposes over and
across the East 30 feet of the East 1/2 of the Southeast 1/4 lying South of said North 30 acres and
Northerly of County Road. All in Section 20, Township 28 North, Range 1 West, W.M.
Parcel B:
That part of the East 1/2 of the Southeast 1/4 of Section 20, Township 28 North, Range 1 West,
W.M., described as follows:
Beginning at the Southeast corner of the North 30 acres of the East 1/2 of the Southeast 1/4 of
said section;
Thence South along the East line of Section 20, a distance of 330 feet;
Thence West parallel with the South line of Section 20 to the center of the Tarboo Creek;
Thence Northerly along the center line of said creek to the South line of the North 30 acres of the
East 1/2 of the Southeast 1/4 of Section 20;
Thence East along the South line of the North 30 acres to the point of beginning.
TOGETHER WITH an easement for ingress, egress and utilities and road purposes over and
across the East 30 feet of the East 1/2 of the Southeast 1/4 lying South of the above described
property.
All situate in the County of Jefferson, State of Washington.
Radka / USA
Page 10 of 13
Exhibit B: Property Map
Radka / USA
Page 11 of 13
Exhibit C: Exceptions to Title
LThe lands described herein have been classified as Open Space and are subject to the provisions
of RCW 84.34 which include the requirement of a continuation of restricted use in order to
continue to present assessment rate. A change in use can cause an increased assessment rate for
present and past years.
Application Recorded: December 20, 1994
Recording No.: 377822
Any sale or transfer of all or a portion of said property requires execution of a notice of
compliance form by the new owner and submission to and approval by the Jefferson County
Assessor prior to such sale.
Note: If the proposed transaction involves a sale of the property so classified or designated, there
will be additional requirements regarding the real estate excise tax affidavit. Please contact
Jefferson County Assessor or the company for additional information.
2. Easement, including terms and provisions contained therein:
Recorded: May 2, 1945
Recording No.: 104175
In favor of: Puget Sound Power and Light Company, a Washington corporation
For: Electric transmission and/or distribution system
The legal description in said easement is not sufficient to determine its exact location within said
premises.
3. Agreement and the terms and conditions thereof:
Between: Milton J. Green and Madeline C. Green, husband and wife
And: Nancy Rogers, a single person
Recorded: October 23, 1986
Recording No.: 303817
Regarding: Unpaved road
4. Easement, including terms and provisions contained therein:
Recorded: January 12, 1987
Recording No.: 305369
In favor of: Milton J. Green and Madeline C. Green
For: Ingress, egress over, and across an existing road
5. Easement and the terms and conditions thereof:
Disclosed by: Instrument recorded under Recording No. 329880
Purpose: ingress and egress and utilities
It is further understood and agreed that the above described easement is non-exclusive and may
not be fenced off and must be kept open at all times for both parties
6. Reservations contained in instrument.
Recording No.: 329880
As follows: Reserving unto the Seller an easement for existing water line and right
Radka / USA
Page 12 of 13
to maintain said water line
7. A record of survey and matters relating thereto:
Recorded: November 2, 1990 and September 14, 1993
Recording No. 335947 and 364051
8. A record of survey recorded May 20, 1993 under Recording No. 360355, said survey discloses
the following matters:
Fence line encroachment; location of easements
9. Any question that may arise due to the shifting and/or changing in the course of Tarboo Creek.
10. Rights of the general public to the unrestricted use of all the waters of a navigable body of water
not only for the primary purpose of navigation, but also for corollary purposes; including (but not
limited to) fishing, boating, bathing, swimming, water skiing and other related recreational
purposes, as those waters may affect the tidelands, shorelands or adjoining uplands and whether
the level of the water has been raised naturally or artificially to a maintained or fluctuating level,
all as further defined by the decisional law of the state. (Affects all of the premises subject to such
submergence)
11. Any claim to (a) ownership of or rights to minerals and similar substances, including but not
limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on,
or under the Land or produced from the Land, whether such ownership or rights arise by lease,
grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges,
immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or
not the interests or rights excepted in (a) or (b) appear in the Public Records.
Radka / USA
Page 13 of 13
JEFFERSON LAND TRUST
Heping 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
December 28, 2017
Jefferson County Board of Commissioners
Re: Change to the Radka Conservation easement project
Dear Commissioners,
Jefferson Land Trust is writing to notify you of a change to our Jefferson County Conservation Futures
Program Project titled Tarboo Creek, Farm and Forest, approved by Jefferson County Board of
Commissioners on July 11, 2016. The proposed match for the project has been modified due to a change in
matching grant source availability. The original request for $97,100.00 in CFF grant funds for purchase of a
conservation easement on the Radka property remains the same.
Project overview and history
In 2016, Jefferson Land Trust applied for Conservation Futures Funds in the amount of $97,100 to support
the acquisition of a conservation easement on the Radka property, with match for the CFF request
proposed to come from the applicant, Northwest Watershed Institute (NWI). NWI proposed match in the
amount of $64,500 for O&M activities, in addition to a bargain sale of the easement from the landowner in
the amount of $60,000. The CFF request was estimated to be 43% of the total project cost, with 57%
coming from matching resources.
The grant expected by NWI to fund the O&M portion of project funding was not approved. To make up the
match difference, Jefferson Land Trust approached the Navy for funding through the Readiness and
Environmental Protection Integration (REPT) program. REPI funds the purchase of development rights on
properties within the Hood Canal and Indian Island area in order to reduce development pressures in rural
Jefferson County. When REPT funding is compatible with Jefferson Land Trust and other conservation
partners' conservation goals, it has been a great source of match for local, state and federal grant
programs. Jefferson Land Trust, The Trust for Public Land and WA State DNR are authorized to negotiate
the terms of the REPI easement with landowner partners, which the Navy then purchases and holds. The
Navy has agreed that the Radka project meets their goals, and has agreed to purchase a REPI easement
on the Radka property. Jefferson Land Trust will also hold a conservation easement on the property that is
more specific in describing conservation zones, forest management restrictions, allowable agricultural uses
and restoration potential, and that easement will include language that Jefferson County requires as a
granting agency to the Radka project. While the two easements may duplicate protection of the Radka
property in some ways, the landowner is paid only the value of the more restrictive easement. The Navy will
pay up to 1/2 of the value of the more detailed easement, which in this case is the conservation easement.
The Navy easement will be recorded immediately before the conservation easement held by Jefferson Land
Trust. Similar double easement purchases and Navy/State/Land Trust partnerships have been utilized in the
Duckabush and Dosewallips River projects and in the Tarboo Dabob Natural Area.
Project amendment proposal
The Radka conservation easement has recently been valued at $238,000 through an appraisal process.
Estimated acquisition costs remain at $39.600.00 as indicated in the CFF application (and in the attached
modified budget spreadsheet). Therefore, the modified budget for the project indicates total project costs
estimated to be $277,600.00. While NWI is gradually undertaking restoration activities on the property,
funded by the landowner and NWI, we will not be counting those activities toward the match as they were in
the original CFF application. The match now proposed for the Radka project includes $119,000.00 from the
Navy for 1/2 of the value of the conservation easement, $59,000 in bargain sale value of the conservation
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Jefferson Land Trust is a 501 (c) (3) nonprofit, tax-exempt, private corporation.
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easement, and $2,500 in donated labor for creation of the baseline document. The total match proposed is
now $180,500.00, which is 8% more than the original match proposed for the project. We request that the
additional match be banked for a possible future O&M requests for the Radka project.
Please let us know if you have any questions about this change to the Radka project.
Thanks for your consideration,
Sarah Spaeth
Director, Conservation and Strategic Partnerships
2016 JCCF PROPOSAL - TARBOO CREEK, FOREST,
AND FARM (REVISED DECEMBER 20, 2017)
Item
JCCF
Request
Match
Total
Cost
Total Estimated
Value of Conservation Easement
60,000
60;9009
A88
178,000
238,000
Acquisition
Related Costs:
Appraisal
7,500
0
7,500
Staff Time (Limited to 5% of Total Proj. Cost)
10,000
0
10,000
Legal Fees - prepare CE
7,000
0
7,000
Excise Tax
1050
0
1,050
Recording Fees
250
0
250
Settlement Fees
800
0
800
Title Insurance
500
0
500
Baseline report
0
2,500
2,500
Survey - property boundaries
10,000
0
10,000
Total of Acquisition Related Costs
37,100
2,500
39,600
ao
0
2 -,GW
2 -GW
r„i+,,FaI Fes..,. ee assessmeRt Fepert and p MittiR
8
6;909
51 -WG
Feneing o stream b ,ff _ Fs 2600 ft x $7-
8
17,600
17,500
8
20,000
20,000
$100Wa6
8
16,900
16,000
$4999FaG
9
489
4;998
Total of G&M Related G
8
64,590
654,500
Total Project Costs
97,100
127,000
224,100
180,500
277,600
Jefferson County Conservation Futures Program Manual
2016 Funding Cycle
Jefferson County Conservation Futures Program Manual
2016 Funding Cycle
Mission of the Conservation Futures Program
The mission of the Jefferson County Conservation Futures Program is to provide a system of
public open spaces, those open spaces being necessary for the health, welfare, benefit and
safety of the residents of Jefferson County and the maintenance of Jefferson County as a
desirable place to live, visit and locate businesses.
Conservation Futures Citizen's Oversight Committee Membership (as of October 2015)
Phil Andrus, Citizen, District #2
Mary Biskup, Citizen, District #1
Scott Brinton, Interest — Agriculture
Lige Christian, Citizen, District #3
JD Gallant, Citizen, District #3
Jerry Gorsline, Citizen, District #2
Rob Harbour, Interest — Working Lands
Ray Hunter, Interest — Fallow Farms
Richard Jahnke, Interest — Coastal Areas
Craig Schrader, Interest — Climate Change
Lorna Smith, Interest — Ecotourism
Sarah Spaeth, Interest — Jefferson Land Trust
David Wilkinson, Citizen, District #1
Table of Contents
Overview...................................................................................................3
Conservation Futures Citizen Oversight Committee (CF Committee)............................4
ProjectSelection...........................................................................................4
Information Sources......................................................................................4
Reimbursement...........................................................................................5
Compliancewith All Laws...............................................................................5
RecordRetention..........................................................................................5
Acquisition Projects.......................................................................................6
Operation and Maintenance (O&M) Projects.........................................................9
Required Meeting and Site Visit.......................................................................1 l
Grant Notification and Agreement.....................................................................1
1
AnnualReports...........................................................................................1 1
ProgramSuggestions.....................................................................................1
l
Forms and Templates.....................................................................APPENDIX
A
Funding Request and Reimbursement Form
Project Agreement Template
Annual Report Form Template
Please note: The 2016 CF Application and Ratings Worksheets are
available
separately from program staff.
Map of Approved Projects...............................................................APPENDIX B
Definitions.................................................................................APPENDIX
C
Overview
2016 CF Program Manual 2
httn://www.co.iefferson.wa. us/commissioners/Conservation/conservation.asp
Jefferson County welcomes your application to the Conservation Futures Program (CF
Program). Please do not hesitate to contact Jefferson County Environmental Health
Department with questions at Ph: 360/385-9444, Fax: 360/379-4487 or
tpokomy@co.jefferson.wa.us. The Conservation Futures Program website address is
http://www.co jefferson.wa.us/commissioners/Conservation/conservation.asp.
In July 2002, the county commissioners approved the Conservation Futures Ordinance, now
codified at Jefferson County Code Section 3.08 in accordance with the Revised Code of
Washington (RCW) Chapter 84.34. The ordinance establishes goals for the county's
Conservation Futures Program and an allocation process for the conservation futures tax levy.
The purpose of the CF Program is to acquire open space lands, including green spaces,
greenbelts, fish and wildlife habitat, trail rights -of -ways, agricultural land and timber land (as
those terms are defined in Ch. 84.34 RCW). Projects may include fee -simple or any lesser
interest or development right with respect to real property as well as operation and
maintenance (O & M) activities. O & M projects must be linked to CF -funded acquisitions.
A minimum 50% match is required for all project types. Match must be cash, land trades,
the value of land to be traded, or other open spaces linked to the property under
application. Open space, wildlife habitat, agricultural and timber lands are all eligible.
The project sponsor must sign a grant agreement with the county (see Appendix A).
County code (JCC 03.08.030(10)) requires that properties or easements be held by public
entities or others as defined in RCW 84.34.210. Government entities may choose to share
title of a property with a non-profit nature conservancy corporation or association. Public
open spaces must be available on the same conditions to all residents of the county for the
benefit of all Jefferson County residents and visitors. Applicants for projects may include
the county, municipalities, park districts, state or federal agencies, private non-profit
corporations or associations, and private individuals.
Project applicants must be represented by a local sponsoring organization based in Jefferson
County. Potential sponsors include local governments, special purpose districts and non-
profit corporations. A list of potential sponsors is available by contacting program staff. A
project sponsor is responsible for the content and submission of the application, organizing
and hosting a site visit, making a formal project presentation to the CF Committee, the
stewardship plan and its implementation, and all contracting, reporting, and reimbursement
obligations with Jefferson County.
Available funding is announced early in the calendar year and applications are
provided by Jefferson County Environmental Health. Conservation Futures Fund
monies can be the collateral, revenue stream or security for long-term financing
(typically bonds) in a manner consistent with law. Public workshop(s) may be
held prior to the start of the funding round. Staff is always available to answer
questions from sponsors, applicants, and interested parties.
This year, applications will be due Monday, March 7, 2016 and sponsors present projects to
the CF Committee and host site visits in April. Information about the application period is
posted on the program website, announced in local newspapers and via email, and available
by contacting program staff. In April or May, the CF Committee meets to rank projects,
determine recommended funding levels, and compose its overall recommendations to the
Board of County Commissioners (BoCC). The BoCC typically makes award determinations
2016 CF Program Manual
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in June. Funding for reimbursement is generally not available until August. At least every
other year, the BoCC reviews the priorities of the Conservation Futures Program and the
project ranking process. All meetings of the Conservation Futures Committee are open to the
public. Citizens are encouraged to attend.
Conservation Futures Citizen Oversight Committee (CF Committee)
The CF Committee membership is intended to reflect a broad spectrum of interests and
expertise. It includes at least two individuals from each commissioner district and at least
nine citizens total. Anyone interested in applying for a seat on the committee is encouraged to
contact the Board of County Commissioners Office (jeffbocc@co jefferson.wa.us) and/or
program staff.
Project Selection
The CF Committee evaluates and ranks project applications according to criteria designed to
reflect the priorities expressed in the Jefferson County Code Section 03.08.040. This
evaluation process has five (5) distinct phases as follows:
1. Written project application: Each CF Committee member (CFCM) independently reads
and assesses each application and prepares any necessary clarification questions.
2. Site visits: Each CFCM must attend the project site visits (or view a video of the site
visit), where the applicant and/or the project sponsor will present the layout of the project
with reference to the written application and site maps. Additional questions posed by
committee members will be answered during this site visit.
3. Oral presentation of the project: Each CFCM must attend this meeting in which the
project sponsor presents the project and answers questions posed by the committee
members. Following the oral presentations, a deadline will be established for CFCMs to
submit additional questions to applicants (via county staff). After this set deadline for
additional questions, a second deadline will be established for the receipt of all answers
from applicants. After this second deadline no further additional information may be
requested, received or considered by the committee.
4. Submission of project ranking form: Each CFCM submits to county staff member a form,
which consists of questions that ask how well, in the committee member's judgement, an
applicant meets the criteria for approval and funding. The committee member assigns a
numerical "score" (within a range predetermined by the CF Committee) for each of the
questions. These question "scores" are totaled for an overall evaluation "score". A
committee composite "score", for each project application is obtained by taking the
average of the "scores". If a project application's composite "score" is 70% of the total
possible numerical value for a project "score" the project is considered worthy of funding
(i.e. eligible for). Projects "scoring" below 70% of the total possible numerical value for
a project "score" are not considered for funding unless compelling reasons for funding
arise in the final evaluation phase.
5. Ranking and recommendation for funding of project applications: Each project
application judged eligible in phase #4 is discussed, bringing into focus information
garnered from phases 1 through 4. All project applications are compared and a final
ranking and funding recommendation may be determined for each of the project
applications and submitted to the Board of County Commissioners. The Committee will
provide justification to the Commissioners for any and all changes from the numerical
ranked order.
2016 CF Program Manual 4
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Information Sources
The Conservation Futures Program is administered by the Commissioners Office with
assistance from the Environmental Health Department. Please note that the information
contained in this manual does not supersede the statutes governing the Jefferson County
Conservation Futures Fund and Program, and should be read in conjunction with them.
Relevant sections of law are found in Revised Code of Washington, Chapter 84.34 (RCW
84.34) and the Jefferson County Code (JCC 03.08).
To access RCW 84.34 online, visit www.leg.wa.gov/Help/helpwithsearch.htm and click on
"Laws and Agency Rules." The Jefferson County Code is available online at
http://www.codepublishing.com/WA/JeffersonCounty.
Contact program staff at ph: 360/379-4498, fax: 360/379-4487 or send an email to
tpokomy@co.jefferson.wa.us.
Reimbursement
All grants are funded through the Jefferson County Conservation Futures tax levy. Except in
the case of escrow payments, sponsors must expend their own funds on eligible and allowable
expenditures prior to requesting reimbursement. With sufficient lead time, an approved
settlement statement, and a preliminary title report, CF funds may be made available to the
title company shortly before closing for the direct costs of property acquisition and closing.
Please discuss dates for closings and loan periods with program staff to help ensure that grant
funds are ready and available when needed.
The project sponsor will commit to providing a matching contribution of no less than the
amount of conservation futures funds awarded to the project before conservation futures tax
funds are reimbursed to that sponsor. This contribution may consist of:
• cash
• land trades if the valuation of the land to be traded is established by a valuation
arising from an appraisal generated by a Washington State Certified Licensed
Appraiser (Member of the Appraisal Institute MAI);
• the cash value of the land to be traded, excluding Jefferson County conservation
futures contributions; or
• other open spaces acquired within the previous two years that is situated either
directly adjacent to or could, in the sole discretion of the county, be directly linked
to the property under application.
• cost of appraisal, title insurance, closing costs, and other miscellaneous fees (See
JCC 3.08.030(5).)
The funding request, reimbursement form and back up documentation may be submitted any
time during the project period. It is important to implement projects in as timely a manner as
possible and also to bill in a timely manner. Deeds and conservation easement documents
must be recorded by the Jefferson County Auditor's Office within 30 days of closing.
If matching funds are not secured within three years, the project may be required to re -apply.
2016 CF Program Manual 5
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Jefferson County must pre -approve easement language and will add restrictive language to
statutory warrantee deeds, or require the use of other legal instruments, to ensure
conservation of project and match properties in perpetuity.
Compliance with All Laws
Project sponsors shall comply fully with the project agreement, grant program policies,
County policies and all applicable federal, state and local laws, orders, regulations and
permits.
Record Retention/Public Records Act
The project sponsor shall retain all books, records, documents, data and other materials
relevant to the agreement for a minimum of six (6) years after the completion of the project.
Documents related to the expenditure of CF funds, by way of example only, purchase and
sale contracts, settlement documents, invoices, e-mails, expert reports and/or appraisals, are
Public Records subject to disclosure in accordance with the Public Records Act, Ch. 42.56
RCW, if requested by a citizen or entity. All meetings and activities of the CF Committee are
subject to the Open Public Meetings Act, Ch. 42.30 RCW. The public is always invited and
encouraged to attend. Two observer comment periods are included in each agenda.
Acquisition Projects
Project applications for the acquisition of property must meet the following threshold criteria
in order to be considered for funding. Each application will receive an initial screening to
make sure that it is in compliance. Applicants are encouraged to submit pertinent materials
and documents, as appropriate, in addition to those items required. Multi-year acquisition
projects are permitted but require additional justification.
Project Eligibility
Proposed acquisitions must have a willing seller.
The property, or property right, must be eligible for purchase as defined by state
law, RCW 84. 34.210 (i.e. "...protect, preserve, maintain, improve, restore, limit
the future use of, or otherwise conserve, selected open space land, farm and
agricultural land, and timber land...").
Conservation Futures funds cannot be used to acquire property, or a property
right, that will be used for active recreation purposes (including but not limited to
sports fields, playgrounds, recreation centers, swimming beaches or pools,
motorized boat launches).
Conservation Futures funds cannot be used for passive development of a site.
For the purposes of this application, passive improvements include, but are not
limited to, trails, interpretive centers, viewpoints, picnic areas, access, restrooms,
landscaping and parking.
Applicant Eligibility
2016 CF Program Manual
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Eligible applicants include the County, municipalities, Park Districts, State or federal
agencies, private non-profit corporations or associations, and private individuals.
Sponsor Eligibility
All applicants must have a local sponsor. Eligible sponsors include county,
municipalities, park districts, or private non-profit corporations based in Jefferson
County. A current, but not necessarily comprehensive, list of eligible local sponsors may
be requested from program staff.
Eligible Capital Project Expenditures: (See also JCC 3.080.030(7))
Capital project expenditures or match may include:
_Costs of acquiring real property, including interests in real property
_Cost of related relocation of eligible occupants (includes administration)
_Cost of appraisal
_Cost of appraisal review
_Cost of title insurance
_Closing costs
_Pro rata real estate taxes
_Recording fees
_Compensating tax
_Hazardous waste substances reports
_Directly related staff and administrative costs (These are limited to 5% of the total cost of the
project.)
_Related legal costs excluding the cost of preparing application for conservation
futures funds.
_Baseline documentation
_Boundary survey
Cultural resources review (survey, excavation, on-site monitoring and data recovery)
Conservation futures tax levy funds may not be used to acquire any real property or
interest in real property therein through the exercise of the power of eminent domain.
Eligible Operations & Maintenance Expenditures — Please note: Total O & At awards are limited to
15% of the conservation futures funding available in any year — contact staff for details.
Operations & Maintenance expenditures or match may include, but are not limited to:
_Cultural resources review (survey, excavation, on-site monitoring and data recovery)
_Demolition
_Fencing (if needed for public safety or resource protection)
_Noxious weed control
_Signage
_Special site-specific reports (e.g. stewardship reports)
Wetland identification and/or delineation
Stewardship Plan
Prior to reimbursement, sponsors must provide a stewardship plan that describes how the
property, or property right, will be maintained over time. Costs for stewardship plans are
2016 CF Program Manual 7
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eligible for operations and maintenance reimbursement only under "Special Reports" (not
as a capital acquisition expense).
Title Report and Title Insurance
Please make county staff aware of issues that could affect the title report and provide
updates as they are generated. A title report and title insurance are to be issued in
conjunction with the property transaction.
Appraisals
Successful applicants must provide an independent appraisal (standard, narrative or
M.A.I.) from a Washington State Certified Licensed Appraiser if the estimate of value
exceeds the assessed value at the time that reimbursement is requested. In no case shall
conservation futures funds dispersed exceed the grant amount awarded by the BoCC. No
appraisal is required for properties assessed at $20,000 or less.
The appraisal must:
be no more than 1 year old. A Supplemental Update by the original appraiser
may be required, at the discretion of the county, if the appraisal is more than
six months old.
include a current Title Report provided at the time of the most current
appraisal or update.
if timber, mineral or aquatic resources are to be included as value to the
appraisal, then the appraisal shall include a separate timber, mineral or
aquatic resources evaluation of value,
or
an opinion of value from a qualified representative of the real estate industry
or recent valuation from the Jefferson County Assessor's Office may be used
when the total assessed value does not exceed $20,000.
Review Appraisals
No appraisal review is required of the sponsor by the CF program. However, the CF
Committee and/or the county may choose to select an appraisal for independent review
for any reason.
Project Implementation
At the time of purchase or the signing of a "purchase and sale agreement", the appraisal
must be no more than a year old unless an extended period is requested and approved by
the county, up to a total of 18 months.
Application and Attachment Requirements for Acquisition Projects
All materials must be submitted in hard copy except as noted below and specified in the
application:
Proof of Willing Seller: A "Willing Seller" letter confirming that the current
owner of the property proposed for acquisition is willing to sell.
2016 CF Program Manual
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Estimate of Value: A county assessment, certified appraisal of value, and/or
an estimate of value from the project sponsor.
Site Location Map: On a Jefferson County base map, or on a map of the
sponsoring agency's jurisdictional boundaries, clearly identify the location of
the proposed acquisition.
Project Boundary Map: On a quarter -section map or other map of sufficiently
large scale, identify the boundaries of the proposed project.
Color Images: Provide six (6) different views of the property proposed for
acquisition. The images should show vegetation, terrain, waterfront, man-
made features, access roads, wetlands, unique characteristics, etc. Please
include captions and an aerial view, if available. Provide in hard copy as well
as JPEG or PDF.
Development Plan or Narrative: Provide a schematic or master plan map of
the project site showing proposed uses and improvements, if applicable.
In addition, if the application sponsor is a private non-profit organization,
attachments must also include:
_ Proof of 501(c)(3) Status
_Current Budget
_Board Roster
_Organization Chart or Staff Roster
_Most Recent Financial Statements (audited if possible)
_Copy of minutes or resolution documenting official action to submit
application for proposed acquisition. If more than one project is submitted
from the same sponsor, the minutes or resolution should indicate the project
priority and how it was determined.
Operation and Maintenance Funding
Availability of Funds for O & M
Only projects that are acquired using conservation futures funds are eligible for O & M
funding. Requests for O & M funding should not exceed the available limit (consult with
program staff). Approved disbursements for operation and maintenance of interests in
real property purchased with conservation futures tax levy monies shall not in any
particular year be greater than fifteen percent (15%) of the conservation futures tax levy
monies raised in the preceding year.
Project Eligibility
Operation and maintenance funding may be used for any property acquired with
Conservation Futures funds. Conservation futures tax levy funds appropriated for O & M
or interests in real property shall not supplant or replace any existing funding for
maintenance and operation of parks and recreational lands.
Applicant Eligibility
Eligible applicants include the County, municipalities, Park Districts, State or federal
agencies, private non-profit corporations or associations, and private individuals.
Sponsor Eligibility
2016 CF Program Manual
http://www. co.iefferson.wa.us/commissioners/Conservation/conservation.asp
All applicants must have a local sponsor. Eligible sponsors include the County,
municipalities, Park Districts, or private non-profit corporations based in Jefferson
County.
Application and Attachment Requirements for O & MProjects
All requested materials must accompany the application upon submission. If an item is
irrelevant to the project at hand, please explain why this is so.
Proof of Willing Seller: A "Willing Seller" letter confirming that the current
owner of the property proposed for acquisition is willing to sell.
Estimate of Value: A County assessment, certified appraisal of value, and/or
an estimate of value from the project sponsor.
Site Location Map: On a Jefferson County base map, or on a map of the
sponsoring agency's jurisdictional boundaries, clearly identify the location of
the proposed acquisition.
Project Boundary Map: On a Quarter -section map or other map of
sufficiently large scale, identify the boundaries of the proposed project.
Color Images: Provide six (6) digital images of the property proposed for
acquisition. The images should show flora, terrain, waterfront, man-made
features, access roads, wetlands, unique characteristics, etc. Please include
captions and an aerial view, if available.
Development Plan or Narrative: Provide a schematic or master plan map of
the project site showing proposed uses and improvements, if applicable.
In addition, if the application sponsor is a private non-profit organization,
attachments must also include:
Proof of 501(c)(3) Status
_Current Budget
_Board Roster
_Organization Chart or Staff Roster
_Most Recent Financial Statements (audited if possible)
_Copy of minutes or resolution documenting official action to submit
application for proposed acquisition. If more than one project is
submitted from the same sponsor, the minutes or resolution should
indicate the project priority and how it was determined.
Budget and Timeline
Attached to the first Annual Reporting Form must be a budget and timeline for
expenditure of O&M funding for the succeeding ten (10) years measured from the date of
approval by the BoCC.
Documentation of Match
A match of 50% must be documented with each invoice. Match guidelines are identical
for acquisition and O & M proposals. In-kind labor cannot be used as match.
Reporting
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Any project sponsor receiving O & M funds is required to submit a report each October
until those funds are expended. An expenditure summary that provides the following
information must accompany billing:
1) Date the payment was made.
2) The vendor and/or employee to whom the payment was made.
3) A description of what was purchased or what work and/or services were performed;
provide a description of what service or work was performed for the payroll costs
or by the sub -contractor.
Application and Attachment Requirements for O&M Projects
To apply for O & M funding for a project previously purchased using CF Funds, use the
standard application form. In question #1, refer to the original project title and year that
the project was approved followed by "O & M Request Only". If you feel that a question
is irrelevant to the project at hand, please explain why.
Required Meeting and Site Visit
Project sponsors are required to host a visit to the project site and make a formal presentation
to the CF Committee. The presentation must begin with an introductory project description
and then be organized according to the sequence of questions listed on the Rating Sheet. Site
visits are videotaped by county staff. The site visits and presentations are scheduled in March
or April.
Grant Notification and Agreement
Sponsors will be notified by staff of grant awards as soon as possible after the BoCC makes
their decision, usually in June. Sponsors will then be asked to sign a project agreement with
Jefferson County. An informational template is provided with this manual.
Annual reports
Sponsors are required to submit a brief progress report by October 30 every year for three
years after the acquisition funds are disbursed to the applicant, whichever is later. The
progress report must address any changes in the project focus or purpose, progress in
obtaining matching funding, and stewardship and maintenance. Sponsors receiving O&M
funds will also submit an annual report for each year that O&M funds are expended. The
Committee will use the information to develop a project "report card" that will be submitted
annually to the Board of County Commissioners. A report format template is included with
this manual and will be provided to the project sponsor electronically.
Program Suggestions
Suggestions for program improvements are always welcome and may be provided to the
Conservation Futures Committee by letter or email via staff at the contact information on
page 3. Every CF Committee meeting also includes two public comment periods. Meeting
times are provided in newspapers and on the program website.
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Appendix A
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Conservation Futures Funding Request and Reimbursement Form
Jefferson County
Conservation Futures
Project Name:
Date:
Program
Project Sponsor:
c/o Jefferson County
Water Quality Division
615 Sheridan Street
Port Townsend, WA
Billing Period.
98368
_ UA
Is this the final billing? Yes [ ] No [ ] Invoice Number [ ]
Sponsor's Certificate: I hereby certify under penalty of perjury that the items and total listed and
attached herein are proper charges for materials, merchandise or services furnished and/or services
i\X 0
rendered have been provided without discrimination because of age, sex, marital status, race, creed,
color, national origin, handicap, religion or Vietnam or disabled veterans status.
BY
Title Date
To Be Completed By Sponsor
Categories
(attach
Previous Expenditures To Date
Costs For This Billing
detailed lists
project
and receipts)
Agreement
Non-
Non -
Expenditures
Reimbursable
Total
Expenditures
Reimbursable
Total
Match
Match
Land
Totals
O&M
Totals
Funding and Expenditure Formula (For CF Program Staff Use ONLY)
Agreement Information
Previous CF Reimbursements
Match Source
Date
Notes
Total Billed
CF Share Billed
CF Share
Approved
Match Owed
Balance
CF Share Retained
CF Share Paid
2016 CF Program Manual 12
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JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT AGREEMENT
(template only)
Project Sponsor:
Project Title:
Project Number:
Approval: Resolution No. xxx on xxx, 2016
A. Parties to the Agreement
This Project Grant Agreement (Agreement) is entered into between County of Jefferson
(County), PO Box 1220, Port Townsend, Washington 98368 and
(Sponsor), xxxxx, xxxxx, WA 983xx, and shall be binding upon the
agents and all persons acting by or through the parties.
B. Purpose of the Agreement
This Agreement sets out the terms and conditions by which a grant is made through the
Jefferson County Conservation Futures Fund. The grant is administered by Jefferson County
Environmental Health for the Sponsor for the project named above.
C. Description of Project
The subject project is described in the attached 2015 Conservation Project Application for the
xxx. Conservation Futures Fund ("CFF") from Jefferson County in an amount not to exceed
$xxx will be used towards fee simple acquisition, by xxx, of the real property known in the
records of the Jefferson County Assessor as APN#s xxxx for acquisition expenses, and $xxx
to reimburse for operations and maintenance expenses. The matching amount is provided by
xxx.
D. Term of Agreement
The Project Sponsor's on-going obligation for the above project funded by this Agreement is
to provide maintenance of the site or facility to serve the purpose for which it was intended in
perpetuity unless otherwise identified in this Agreement.
E. Period of Performance
The Project reimbursement period for acquisition expenses shall begin on xxxx xx, 2016. The
Project reimbursement period for acquisition expenses will end on xxx xx, 2019 unless proof
of match is provided prior to this date. No expenditure made before xxx xx, 2016 is eligible
for reimbursement unless incorporated by written amendment into this Agreement.
F. Project Funding
The total grant award provided by the Conservation Futures Fund (CFF) for the Project shall
not exceed $xxxxx and Jefferson County CFF shall not pay any amount beyond that approved
herein for funding of the Project. The Sponsor shall be responsible for all total costs for the
Project that exceed $xxx,xxx. In no event will the CFF funds expended for this purchase
exceed fifteen percent (15%) of the overall acquisition cost of APN xxx-xxx-xxx. This
Project is eligible for reimbursement of capital project and operations and maintenance
expenditures as described in the Jefferson County Conservation Futures Program Manual for
the 2016 Funding Cycle.
The contribution by the Sponsor toward work on the Project at a minimum shall be as
indicated below. The contribution by the County toward work on the Project is described
immediately above and in "C" above.
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31M
G. Unexpended Project Allocations
Should unexpected Project allocations, including, but not limited to project completion at less
than the estimated cost or, alternatively, the abandonment of the Project occur, then the
Sponsor shall notify the County.
H. Rights and Obligations
All rights and obligations of the parties to this Agreement are subject to this Agreement and
its attachments, including the Sponsor's Application and Jefferson County Conservation
Futures Program Manual for the 2016 Funding Cycle, all of which are attached hereto and
incorporated herein.
Except as provided herein, no alteration of any of the terms or conditions of this Agreement
will be effective unless provided in writing. All such alterations, except those concerning the
period of performance, must be signed by both parties. Period of performance extensions
need only be signed by Jefferson Board of County Commissioners.
I. Indemnification
Sponsor shall indemnify, defend and hold harmless the County, its officers, agents
and employees, from and against any and all claims, losses or liability, or any portion
thereof, including attorneys' fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Sponsor's own employees, or damage
to property occasioned by a negligent act, omission or failure of the Sponsor.
J. Insurance
The Sponsor shall secure and maintain in force throughout the duration of this
contract policies of insurance as follows:
If and only if the Sponsor employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor,
partners, owners or shareholders of the Sponsor, Worker's Compensation
Insurance in an amount or amounts that are not less than the required statutory
minimum(s) as established by the State of Washington or the state or province
where the Sponsor is located.
Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non -owned vehicles assigned to or
used in the performance of the work for a combined single limit of not less than
$500,000 each occurrence with the County named as an additional insured in
connection with the Sponsor's performance of the contract.
General Commercial Liability Insurance in an amount not less than a single limit
of one million dollars ($1,000,000) per occurrence and an aggregate of not less
than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily
injury, including death and property damage, unless a greater amount is specified
in the contract specifications. The insurance coverage shall contain no limitations
2016 CF Program Manual 14
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Acquisition
O & M
Totals
%
Conservation Futures —
$
$
$
Project Sponsor
$
$
Contribution
$
o
/0
Totals
$
$
$
100%
G. Unexpended Project Allocations
Should unexpected Project allocations, including, but not limited to project completion at less
than the estimated cost or, alternatively, the abandonment of the Project occur, then the
Sponsor shall notify the County.
H. Rights and Obligations
All rights and obligations of the parties to this Agreement are subject to this Agreement and
its attachments, including the Sponsor's Application and Jefferson County Conservation
Futures Program Manual for the 2016 Funding Cycle, all of which are attached hereto and
incorporated herein.
Except as provided herein, no alteration of any of the terms or conditions of this Agreement
will be effective unless provided in writing. All such alterations, except those concerning the
period of performance, must be signed by both parties. Period of performance extensions
need only be signed by Jefferson Board of County Commissioners.
I. Indemnification
Sponsor shall indemnify, defend and hold harmless the County, its officers, agents
and employees, from and against any and all claims, losses or liability, or any portion
thereof, including attorneys' fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Sponsor's own employees, or damage
to property occasioned by a negligent act, omission or failure of the Sponsor.
J. Insurance
The Sponsor shall secure and maintain in force throughout the duration of this
contract policies of insurance as follows:
If and only if the Sponsor employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor,
partners, owners or shareholders of the Sponsor, Worker's Compensation
Insurance in an amount or amounts that are not less than the required statutory
minimum(s) as established by the State of Washington or the state or province
where the Sponsor is located.
Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non -owned vehicles assigned to or
used in the performance of the work for a combined single limit of not less than
$500,000 each occurrence with the County named as an additional insured in
connection with the Sponsor's performance of the contract.
General Commercial Liability Insurance in an amount not less than a single limit
of one million dollars ($1,000,000) per occurrence and an aggregate of not less
than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily
injury, including death and property damage, unless a greater amount is specified
in the contract specifications. The insurance coverage shall contain no limitations
2016 CF Program Manual 14
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on the scope of the protection provided and include the following minimum
coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
C. Broad Form Contractual/Commercial Liability — including completed
operations;
d. Premises — Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified
financial institution.
Certificates of coverage as required by this section shall be delivered to the
County within fifteen (15) days of execution of this agreement.
Any deductibles or self-insured retention shall be declared to and approved by
the County prior to the approval of the contract by the County. At the option of
the County, the insurer shall reduce or eliminate deductibles or self-insured
retention or the Sponsor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
The Sponsor shall include all subcontractors as insured under its insurance
policies or shall furnish separate certificates and endorsements for each
subcontractor. All insurance provisions for subcontractors shall be subject to all
of the requirements stated herein.
Failure of the Sponsor to take out and/or maintain any required insurance shall
not relieve the Sponsor from any liability under the Agreement, nor shall the
insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or
subrogation against the County (including its employees and other agents and
agencies), it being the intention of the parties that the insurance policies so
affected shall protect both parties and be primary coverage for any and all losses
covered by the above described insurance. It is further agreed by the parties that
insurance companies issuing the policy or policies shall have no recourse against
the County (including its employees and other agents and agencies) for payment
of any premiums or for assessments under any form of policy. It is further agreed
by the parties that any and all deductibles in the above described insurance
policies shall be assumed by and be at the sole risk of the Sponsor.
It is agreed by the parties that judgments for which the County may be liable, in
excess of insured amounts provided herein, or any portion thereof, may be
withheld from payment due, or to become due, to the Sponsor until such time as
the Sponsor shall furnish additional security covering such judgment as may be
determined by the County.
2016 CF Program Manual 15
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M
The County reserves the right to request additional insurance on an individual
basis for extra hazardous contracts and specific service agreements.
Any coverage for third party liability claims provided to the County by a "Risk
Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect
to any policy of insurance the Sponsor must provide in order to comply with this
Agreement.
If the proof of insurance or certificate indicating the County is an "additional
insured" to a policy obtained by the Sponsor refers to an endorsement (by
number or name) but does not provide the full text of that endorsement, then it
shall be the obligation of the Sponsor to obtain the full text of that endorsement
and forward that full text to the County.
The County may, upon the Sponsor's failure to comply with all provisions of this
contract relating to insurance, withhold payment or compensation that would
otherwise be due to the Sponsor.
K. Independent Contractor
The Contractor and the County agree that the Contractor is an independent contractor
with respect to the services provided pursuant to this agreement. Nothing in this
agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither Contractor nor any employee of Contractor shall
be entitled to any benefits accorded County employees by virtue of the services
provided under this agreement. The County shall not be responsible for withholding
or otherwise deducting federal income tax or social security or for contributing to the
state industrial insurance program, otherwise assuming the duties of an employer
with respect to Contractor, or any employee of Contractor. The Contractor shall not
sublet or assign any of the services covered by this contract without the express
written consent of the County or its authorized representative. Assignment does not
include printing or other customary reimbursable expenses that may be provided in
an agreement.
L. Ownership and Use of Documents
All documents, drawings, specifications and other materials produced by the Sponsor
in connection with the services rendered under this agreement shall be the property of
the Sponsor whether the project for which they are made is executed or not. The
County shall be permitted to retain copies, including reproducible copies, of drawings
and specifications for information, reference and use in connection with the
Sponsor's endeavors.
M. Compliance with Applicable Statutes, Rules, and Jefferson County Policies
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and
federal laws and regulations, including RCW 84.34.210, and published agency policies,
which are incorporated herein by this reference as if fully set forth.
N. Sponsor's Accounting Books and Records
The Sponsor shall maintain complete financial records relating to this contract and
the services rendered including all books, records, documents, receipts, invoices, and
all other evidence of accounting procedures and practices which sufficiently and
properly reflect all direct and indirect cost of any nature expended in the performance
2016 CF Program Manual 16
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k
of this contract. The Sponsor's records and accounts pertaining to this agreement are
to be kept available for inspection by representatives of the County and state for a
period of six (6) years after the date of the final payment to Sponsor. Copies shall be
made available upon request.
O. Licensing, Accreditation and Registration
The Sponsor shall comply with all applicable local, state and federal licensing,
accreditation, permitting and registration requirement/standards necessary for the
performance of this contract.
P. Disputes
Except as otherwise provided in this contract, when a bona fide dispute arises
between Jefferson County and the Sponsor and it cannot be resolved, either party
may request a dispute hearing with a mediator assigned by or associated with
Jefferson County District Court. Either party's request for a dispute hearing must be
in writing and clearly state:
a. the disputed issue(s),
b. the relative positions of the parties, and
c. the Sponsor's name, address and Agency contact number
These requests must be mailed to the Project Manager, Jefferson County
Environmental Health Department, 615 Sheridan St., Port Townsend, WA 98368,
within fifteen (15) days after either party received notice of the disputed issue(s). The
parties agree that this dispute process shall precede any action in a judicial or quasi-
judicial tribunal. The parties will split evenly the cost of mediation or whatever form
of dispute resolution is used.
Q. Termination for funding
Jefferson County may unilaterally terminate this contract in the event funding from
state, federal, or other sources are withdrawn, reduced, or limited in any way after the
effective date of this contract.
R. Termination for Convenience
The County reserves the right to terminate this agreement at any time by giving ten
(10) days written notice to the Sponsor.
S. Assignment
The Sponsor shall not sublet or assign any interest in this Agreement, and shall not
transfer any interest in this agreement without the express written consent of the
County.
T. Non -Waiver.
Waiver by the County of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
U. County Does Not Assume Additional Duties
The County does not assume any obligation or duty, except as required by federal or
state law, to determine if Sponsor is complying with all applicable statutes, rules,
codes ordinances or permits.
V. Agreement Representatives
All written communications sent to the Sponsor under this Agreement will be addressed and
delivered to:
Sponsor Contact Conservation Futures Prop -ram Contact
Jefferson County Environmental
2016 CF Program Manual 17
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k
Health — Conservation Futures
615 Sheridan Street
Port Townsend, WA 98368
These addresses shall be effective until receipt by one party from the other of a written notice
of any change.
W. Entire Agreement/Severability
This agreement, along with all attachments, constitutes the entire agreement of the parties. No
other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of
the parties. If any part of this Agreement is ruled or adjudicated to be unlawful or void, all
other sections of this Agreement shall continue to have full force and effect.
X. Effective Date
This agreement, for the xxxxx (project) shall be effective upon signing by all parties.
Y. Venue:
Venue for any litigation arising from this Project Agreement shall be only in the Superior
Court in and for Jefferson County. Each party to this agreement shall be responsible for their
litigation costs, including attorney's fees.
DATED this
day of
By
David Sullivan, Chair
Jefferson Board of County Commissioners
Jefferson Land Trust
Attested:
Carolyn Avery, Deputy Clerk of the Board
Approved as to form:
David Alvarez, Chief Civil DPA
2016.
2016 CF Program Manual 18
hU://www.co. iefferson.wa.us/commissioners/Conservation/conservation.asp
Jefferson County Conservation Futures Program
Annual Project Reporting Form (template only)
1. Project Sponsor:
2. Project Title:
3. Project Number:
4. Status:
5. Approval Date:
6. Project goals and objectives:
7. Parcel number(s):
8. Total acreage:
9. Easement:
Title:
Seller:
10. Fee Simple
Seller:
11. Month and year that CF funding was awarded:
12. a). Purchase price: b). Total project cost:
13. Amount of CF award:
14. Month and year of acquisition:
15. Entity holding title:
16. Entity responsible for stewardship:
17. Plans or agreements pertaining to this acquisition:
18. O& M funds received since acquisition (list by year):
19. Existing and on-going activities and projects (for each O & M activity that has
occurred since October 1 of the previous year, please provide supporting
documentation):
20. New events, activities, projects (for each O & M activity that has occurred since
October 1 of the previous year, please provide supporting documentation):
2016 CF Program Manual 19
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21. Needs and challenges:
22. General progress towards project's objectives:
Completed by:
Title:
Organization:
Signature
Date
2016 CF Program Manual 20
ho://www. co. iefferson.wa.us/commissioners/Conservation/conservation.as12
Appendix B
Conservation Futures ; }
Eastern Jefferson County; e
Washington
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2016 CF Program Manual
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21
4
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2016 CF Program Manual
http•//www co iefferson.wa.us/commissioners/Conservation/conservation.asp
21
Appendix C
DEFINITIONS
"Conservation futures citizen oversight committee" means the Jefferson County
conservation futures citizen oversight committee established under this chapter.
"Conservation futures fund" means the Jefferson County conservation futures fund
established under this chapter.
"Conservation futures tax levy" means that Jefferson County tax levy upon all taxable
property in Jefferson County authorized by RCW 84.34.230.
"County" means Jefferson County and/or its conservation futures citizen oversight
committee.
"Cultural resources" means archeological and historic sites and artifacts, and traditional
religious ceremonial and social uses and activities of affected Indian Tribes and
mandatory protections of resources under chapters 27.44 and 27.53 RCW."Open space
land" means the fee simple or any lesser interest or development right with respect to real
property including, but not limited to, conservation futures, easements, covenants or other
contractual rights necessary to protect, preserve, maintain, improve, restore, limit the
future use of or conserve selected open space land, farm and agricultural land and timber
land (as those terms are defined in Chapter 84.34 RCW).
"Project" means open space land, or any lesser interest or development right in specific
real property, to which Jefferson County conservation futures tax levy funds are allocated
for acquisition under the procedure outlined under this chapter. [Ord. 1-14 § 1; Ord. 6-02
§ 1]
"Silviculture" means the practice of controlling the establishment, growth, composition,
health, and quality of forests for the production of forest products.
2016 CF Program Manual 22
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615 Sheridan Street
Port Townsend, WA 98368
&Wn www.JeffersonCountyPublicHealth.org
e9 Consent Agenda
Public H
January 26, 2018
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Stuart Whitford, Environmental Health Director
Tami Pokorny, Environmental Health Specialist II
DATE: � jDua /,m
SUBJECT: Agenda Item — Project Agreement Conservation Futures Fund Grant
Tarboo Creek, Farm and Forest; Jefferson Land Trust, Sponsor; July
11, 2016 — July 11, 2019; $97,100
STATEMENT OF ISSUE:
Jefferson County Public Health Department requests Board approval of the Project Agreement between
Jefferson County and Jefferson Land Trust for the project known as Tarboo Creek, Farm and Forest (July
11, 2016 — July 11, 2019) as described in Board of County Commissioners Resolution #30-16. Funding
comes from a grant from the Conservation Futures Fund in the amount of $97,100 and matching funds in
the amount of $180,500 provided by the Project Sponsor, Jefferson Land Trust. Total cost of the project is
$277,600.
ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S:
This Project Agreement contracts Jefferson County to administer a Conservation Futures Fund grant
received by Jefferson Land Trust for real property APN#s 801204004 and 801204008, Tarboo Creek, Farm
and Forest, Resolution #30-16. This conservation easement will permanently protect farmland, forests, and
fish and wildlife habitat along with the mainstream of Tarboo Creek. In response to a letter from the Project
Sponsor, the application for project funds and project budget have been updated to utilize a Navy
Readiness and Environmental Protection Integration (REPI) grant, and associated easement, as the primary
source of project match. The REPI easement will be placed immediately prior to the more restrictive
conservation easement. The Navy provides reimbursement based upon the more expensive conservation
easement.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The Conservation Future Funds' expenditure is limited to 43% of the total project cost up to $97,100, and
the project sponsor is responsible for no less than 57% the total project cost. The REPI matching grant
increases the total project cost from $224,100 to $277,600. Total match for the project is anticipated to be
$180,500 which is $33,372 more than the 57% match contribution required in Resolution No. 30-16. Any
surplus matching amount may be eligible for inclusion in future applications for conservation futures funds.
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
615 Sheridan Street
Port Townsend, WA 98368
exwn www.JeffersonCountyPublicHealth.org
Public Healt
RECOMMENDATION:
JCPH management request approval of the Professional Agreement with Jefferson Land Trust for
Conservation Futures Fund, Tarboo Creek, Farm and Forest, July 11, 2016 — July 11, 2019; $97,100
Conservation Future Fund Grant and $180,500 Project Sponsor, Jefferson Land Trust, for a total project cost
of $277,600
REVIEWED BY:
Philip Morley,' unty r
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Date
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
CONTRACT WITH:
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCounfyPublicHealth.org
CONTRACT REVIEW FORM
Jefferson Land Trust
EH -17-025
CONTRACT FOR: Tarboo Creek, Farm and Forest TERM: Acquisit on`:IJuy4112 16 - July 11, 2019
COUNTY DEPARTMENT: Jefferson County Public Health
For More Information Contact: Tami Pokorny
Contact Phone #: X498
RETURN TO: Jenny Matter RETURN BY: ASAP
AMOUNT: $277,600
Revenue:
Expenditure: $97,100 (Conservation Futures
Fund)
Matching Funds Required: $180,500
Source(s) of Matching Funds: Jefferson Land Trust
Step 1: REVIEW BY W����'G'
Review by.
-be Date Reviewed:
APPROVE FORM
Comments:ct- w�n�fr e.v1
PROCESS: x Exempt from Bid Process
❑ Consultant Selection Process
❑ Cooperative Purchase
❑ Competitive Sealed Bid
❑ Small Work Roster
❑ Vendor List Bid
❑ RFP or RFQ
❑Other:
❑ Returned for revision (See Comments)
Step 2: REVIEW BY PROS UTIN Heturned
EY
Review by: C.
Date Reviewed: APPROVED AS TO FORM for revision (See Comments)
Comments:
(This form to stay with contract throughout the contract review process)
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