HomeMy WebLinkAboutCASP Notice to Title DA 06 28 10 (2) dcd 062810
Restrictive Covenant Critical Areas Stewardship Plan Page 1 of 4
When recorded, return to:
Jefferson County Department of Community Development
Development Review Division
621 Sheridan Street
Port Townsend, Washington 98368
Attn: __________________________________________
RESTRICTIVE COVENANT (NOTICE TO TITLE)
Grantor(s):
Grantee: Jefferson County Department of Community Development
THIS RESTRICTIVE COVENANT is made and entered this day of ,
20____, by ,
hereinafter referred to as "Grantor(s)," the legal and equitable owners of the real property described herein.
A. RECITALS
1. Legal Description: This Restrictive Covenant shall affect and restrict the real property ("the
property") legally described as follows:
Parcel Number(s) Staff Verification
Section Township N Range
Subdivision
Block Lot(s)
Property Address
2. Critical Areas Stewardship Plan Application. The Grantor(s) have applied or will apply for a
critical areas stewardship plan permit through the Jefferson County Department of Community
Development ("the County"). In consideration of approval by Jefferson County Department of
Community Development of the following permits or applications:
3. Purpose. For purposes of complying with Jefferson County land use codes and ordinances, the
Grantor(s) shall provide mitigation as described in the approved critical areas stewardship plan. The
critical areas stewardship plan approval is for construction of .
Implementation of the critical areas stewardship plan will require Grantor(s) to post a performance bond
(or other form of surety) that runs with the land until released by Jefferson County and to provide annual
monitoring reports to Jefferson County. Failure of Grantor(s) to comply with any of the critical areas
stewardship plan requirements will result in Jefferson County intervention to ensure compliance with the
approved plan.
Restrictive Covenant Critical Areas Stewardship Plan Page 2 of 4
4. Assurances to County. The Grantor(s) desire to assure the County that the critical areas and
associated buffers described above shall remain protected as part of the improvements to be constructed
upon the property.
NOW, THEREFORE, in consideration of the benefits derived by this Restrictive Covenant, the
Grantor(s) declare, covenant and agree as follows:
B. TERMS AND CONDITIONS OF THE COVENANT
1. Specific Restriction and Covenant. A critical areas stewardship plan has been prepared for the
property described above and mitigation, as described in the approved plan, shall be implemented by the
Grantor(s). An original copy of the CASP is attached to this document. The mitigation area identified in
this Restrictive Covenant is to be protected from the proposed development and future land use activities
on the property, as specified in the approved plan. The Grantor(s) have posted a performance bond that
cannot be released until the mitigation has met the Critical Areas Stewardship Plan goals, objectives, and
performance standards. This Restrictive Covenant shall not be removed unless such an action is approved
by the County.
2. Covenant Running with the Land. This Restrictive Covenant and CASP affects and restricts the
described property and shall be construed as a covenant running with and touching and concerning the
land and inuring to the benefit of the Grantor(s), the public generally, and the County.
3. Binding upon Successors and Assigns. This Restrictive Covenant shall bind and restrict the land, the
Grantor(s), their heirs, grantees, successors and assigns, and shall “run” with the land in perpetuity.
4. Recording. Upon its execution, this Restrictive Covenant and CASP shall be recorded with the
Jefferson County Auditor. All contracts and deeds or other instruments of conveyance relating to the
property or any part thereof shall contain reference to this Restrictive Covenant.
5. Enforcement. The County shall have the right to enforce and compel compliance with this Restrictive
Covenant, including all remedies available at law and equity. The County shall have the right in any such
proceeding to recover its attorney fees and costs.
6. Compliance with Code Requirements. This Restrictive Covenant does not amend or modify, nor is
it intended to amend or modify any requirements of the County's ordinances or any other law or
regulation dealing with or affecting the use of land or construction of improvements upon lands.
7. Estoppel. The Owners by this Restrictive Covenant specifically estop themselves and all of their
successors and assigns and all persons presently or hereafter having any interest in the property from
asserting or contending in any manner that this Restrictive Covenant is not a full and adequate covenant
running with the land and binding upon the property.
8. Severance. Invalidation of any section or text of this Restrictive Covenant by judgment or court order
shall not affect any of the other sections or text which shall remain in full force and effect.
9. Warranty of Authority. The Grantor(s) signing below warrant that they are the sole Owners in fee of
the real property described above and are authorized to make this Restrictive Covenant and so bind the
property.
Restrictive Covenant Critical Areas Stewardship Plan Page 3 of 4
10. Governing Law. This RESTRICTIVE COVENANT shall be governed by the laws of the State of
Washington and venue for any litigation or dispute arising from it shall be solely in the Superior Court In
and For Jefferson County.
11. Disclaimer. Since no survey was submitted as part of your Restrictive Covenant, the County accepts
no liability for what facts a survey might have revealed. A survey could have revealed that a structure or
improvement believed to be on the grantor’s property is, in fact, located wholly or partially upon someone
else’s property or upon property that is not the subject of this application. But, in the absence of a survey,
the GRANTOR bears sole responsibility if such a problem arises and will hold the County harmless and
indemnify the County in a manner consistent with Section 14 should any claim, action or lawsuit be made
or brought against the Grantor(s) relating to information that a survey would have or should have
revealed.
12. Access. Grantor(s) authorize and permit Jefferson County to access the property for the sole purpose
of implementing the CASP, including, but not limited to, monitoring of the Grantor(s)’ compliance with
the terms and conditions of the CASP. Jefferson County will give the Grantor(s) reasonable notice ahead
of its intent to access the property.
13. Costs. The expenses and costs associated with implementing and maintaining the CASP shall be
borne exclusively by the Grantor(s).
14. Hold Harmless/Indemnification. The Grantor(s) shall hold the County harmless and indemnify
the County should any claim, action or lawsuit be brought or made by a third-party against Grantor(s)
arising from Grantor(s)’ implementation or undertaking of the terms and conditions of the CASP. This
hold harmless and indemnification requirement shall require the Grantor(s) to pay for all attorneys’ fees,
court costs and other costs connected with the claim, action or lawsuit. This hold harmless and
indemnification requirement shall not apply to the sole negligence of the County.
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Dated this day of , 20_____.
Owner Owner
STATE OF WASHINGTON)
) ss
COUNTY OF JEFFERSON )
On this day personally appeared before me, ___________________________________, to me
known to be the individual described in and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes
therein mentioned.
Given under my hand and official seal this day of , 20 .
NOTARY PUBLIC in and for the State of Washington residing
at
My commission expires:
Approved:
UDC Administrator Date