HomeMy WebLinkAbout121718_ca13 615 Sheridan Street
' Port Townsend, WA 98368
09e on www.JeffersonCountyPublicH alth.or
�onsent Agenda
Public Healt October 8,2018
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Stuart Whitford, Director, Environmental Public Health
Tami Pokorny, Natural Resources Program Coordinator
DATE:
SUBJECT: Agenda Item — Recreation and Conservation Office — Deed of Right for
former Marie Property, Parcel #991-200-304 and #991-200-305;
Upon signature — perpetuity
STATEMENT OF ISSUE:
Jefferson County Public Health, Natural Resources Program requests Board approval of the Recreation and
Conservation Office — Deed of Right for the former Marie Property on the Big Quilcene River floodplain,
Parcel #991-200-301 and #991-200-305; Upon signature — perpetuity.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
This Deed of Right ensures that the County shall not use or allow any use of the property that is
inconsistent with salmon recovery purposes. The County must also allow public access to the property and
must accept restrictions and inspections by the State for compliance with the terms of the Deed and Project
Agreement.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This property acquisition was funded by a grant from the RCO Salmon Recovery Funding Board (#15-1189)
for $150,000.
RECOMMENDATION:
JCPH management request approval of the Recreation and Conservation Office — Deed of Right for former
Marie Property, Parcel #991-200-301 and #991-200-305; Upon signature — perpetuity.
REVIEWED BY•
pia?
Philip Morley, County Aa m' istratorDate
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
Upon Recording, Please Return To:
Washington State Recreation and Conservation Office
PO Box 40917
Olympia, WA 98504-0917
Attn: Josh Lambert
DEED OF RIGHT TO USE LAND FOR
SALMON RECOVERY PURPOSES
Grantor: Jefferson County
Grantee: STATE OF WASHINGTON, acting by and through the WASHINGTON
STATE SALMON RECOVERY FUNDING BOARD and the WASHINGTON
STATE RECREATION AND CONSERVATION OFFICE, including any
successor agencies.
Abbreviated
Legal
Description: LTS 17-20, BLK 3 (More particularly described in Exhibit "A" (Legal
Description), and as depicted in Exhibit "B" (Property Map)),
Assessor's Property Tax Parcel Number(s): 991-200-304 and 991-200-305
Reference Numbers of Documents Assigned or Released:
The Grantor enters this Deed for and in consideration of monies coming in whole or in part from
the Puget Sound Acquisition and Restoration Account. Such grant is made pursuant to the
Project Agreement entered into between the Grantor and the Grantee entitled Big Quilcene River
Floodplain key Pieces, Project Number 15-1189 signed by the Grantor on the 11t" day of April
Page 1 of 7
2016 and the Grantee the 19th day of April 2016 and supporting materials which are on file with
the Grantor and the Grantee in connection with the Project Agreement.
The Grantor hereby conveys and grants to the Grantee as the representative of the people of the
State, the right to enforce the following duties:
1. The Grantor shall take such reasonable and feasible measures as are necessary to
protect the Real Property as described in Exhibit A: Legal Description, in perpetuity.
Such measures shall be consistent with the purposes in the Project Agreement,
including protecting, preserving, restoring and/or enhancing the habitat functions on
the Real Property, which includes riparian, floodplain and estuarine habitat. This
habitat supports or may support priority species or groups of species including but not
limited to Hood Canal summer chum and Puget Sound steelhead.
2. The Grantor shall allow public access to the Property as provided in the Project
Agreement. Such access shall be subject to the restrictions allowed under the Project
Agreement, by written agreement with the Grantee, or under state law. This
provision is not intended to prevent reasonable access or use restrictions that are
necessary for safe and effective management of the property consistent with salmon
recovery purposes and the Project Agreement.
3. The Grantor shall allow access by the Grantee to inspect the Real Property for
compliance with the terms of this Deed and the applicable Project Agreement to
which the Grantor is a signatory. Such access shall be subject to the restrictions, if
any, allowed under the Project Agreement, by written agreement with the Grantee, or
under state law. The Grantor warrants it has and shall maintain the legal right and
means to reach the property.
4. Without prior written consent by the Grantee or its successors, through an amendment
to the Project Agreement or the process set forth below, the Grantor shall not use or
allow any use of the Real Property (including any part of it) that is inconsistent with
the salmon recovery purposes herein granted and as stated in the Project Agreement.
The Grantor shall also not grant or suffer the creation of any property interest that is
inconsistent with the salmon recovery purposes herein granted and as stated in the
Project Agreement.
Grantee's consent to an inconsistent use or property interest under this Deed shall be
granted only to the extent permitted by law and upon the following three conditions,
which ensure the substitution of other eligible land. The conditions are: (1) the
substitute salmon recovery land must be of reasonably equivalent habitat qualities,
characteristics and location for the salmon recovery purposes as the Real Property
prior to any inconsistent use; (2) the substitute salmon recovery land must be of at
least equal fair market value to the Real Property at the time of Grantee's consent to
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the inconsistent use; and (3) the fair market value of the Real Property at the time of
the Grantee's consent to the inconsistent use shall not take into consideration any
encumbrances imposed on or alterations made to that land as a result of the original
state grant and other grants if such encumbrances or alterations reduce the value of
the Real Property from what it would be without them.
For purposes of this Deed,the Project Agreement includes any amendments thereto that occurred
prior to or may occur subsequent to the execution of this Deed.
This Deed contains covenants running with the land and shall be binding upon the Grantor, its
successors and assigns, and upon any person acquiring the Property, or any portion thereof, or
any interest therein, including a leasehold interest, whether by operation of law or otherwise. If
the Grantor sells all or any portion of its interest, the new owner of the Property or any portion
thereof(including, without limitation, any owner who acquires its interest by foreclosure,
trustee's sale or otherwise) shall be subject to applicable covenants and requirements under the
Deed.
This Deed may not be removed or altered from the Real Property unless specific approval has
been granted by the Washington State Recreation and Conservation Office and/or the
Washington State Salmon Recovery Funding Board or its successors.
The Washington State Recreation and Conservation Office and the Washington State Salmon
Recovery Funding Board and/or its successors shall each have a separate and independent right
to enforce the terms of this Deed.
REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW
Page 3 of 7 I
GRANTOR:
Jefferson County
By:
Name:
Title:
Dated this day of , 20
STATE OF WASHINGTON
) ss
COUNTY OF )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that(he/she) was authorized to execute the instrument and
acknowledge it as the for the Grantor,
and to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated:
Signed:
Notary Public in and for the State of Washington,
residing in
My commission expires
REMAINDER OF PAGE IS INTENTIONALLY BLANK; ADDITIONAL SIGNATURE PAGE
FOLLOWS Page 4 of 7
GRANTEE:
STATE OF WASHINGTON, acting by and through THE WASHINGTON STATE
SALMON RECOVERY FUNDING BOARD, administered by the WASHINGTON
STATE RECREATION AND CONSERVATION OFFICE
By: L...
Name: T , e f scr
Title:
Dated this 1 Z day of , 20 1 2(
STATE OF WASHINGTON )
ss
COUNTY OF /Nit )
I certify that I know or have satisfactory evidence that % (66U/tw`- is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledge it as the MAW. for the Recreation and
Conservation Office and to e t e free nuntary act of such party for the uses and purposes
mentioned in the instrument.
Dated: SCV tit 201 X
Signed: fir ��'`E
r row*
Notary Public in and for the State of Washington, •
MO*OM
residing in C �
PUECCP
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My commission expires la op w
Page 5 of 7 r,Q
EXHIBIT A
Legal Description
Lots 17 through 20, inclusive, Block 3 Plat of Quilcene, according to the plat recorded in
Volume 2 of Plats, page 33, records of Jefferson County, Washington.
TOGETHER WITH an easement for ingress and egress over and across the North 10 feet of
vacated Chattanooga Street adjacent to said Lots 17, 18, 19, and 20 in Block 3 of Quilcene
Townsite.
Situate in the County of Jefferson, State of Washington.
Page 6 of 7 f )
EXHIBIT B
Property Map
Big Quilcene River Floodplain Key Pieces, Project #15-1189
Marie Property
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Marie Property(0.66 ac) Map created 08/23/2018 by Jefferson County.
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