The URL can be used to link to this page

Home My WebLink AboutWashington State Recreation and Conservation Office (RCO) - 121718621784 PGS:7 DEED 01/09/2013 09.45 AM $105.00 JEFFERSON COUNTY PUBLIC HEALTH Jefferson County NA Auditor's Office - Rose Ann Carroll, Auditor mill wref1prI11MIANNINA WIN f0IXI A 11111 Upon Recording, Please Return To: Washington State Recreation and Conservation Office NO REAL ESTATE PO Box 40917 EY.CI_'E TAY iLk):PRED Olympia, WA 98504-0917 JEFFERSON COUNTY T HEASURER Attn: Josh Lambert By.. 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 11 `h day of April Page 1 of 7 0 0 2016 and the Grantee the 191' 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: 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 Page 2 of 7 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 • GRANTOR: Jefferson County �? ? By. j CJ Name: .1'.bUeZ c 314 1 P W e Title: Nair, c eikfLrao t.wMh�tl �� ConJrc�ssl�rS Dated this /7 ' day of 20� STATE OF WASHINGTON ) ) ss COUNTY OF ;kf kr0VA ) I certify that I know or have satisfactory evidence that 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 cjj(&u - for the Grantor, C�m v�' h-, and to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (2ZI 7Zjff `��t��ti�ttt�t +4�QOVN 0, 4. ,�yij Signed: ,f C="-4t%�"`,�� lri -g C4polyri Notary Public in and for the State of Washington,IRS -< residing fn T -e f {ersu", PIN �Zif -22H,NGM commission expires _ �A 2 2 h� ` 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 RECREt�A-T�I`ON AND CONSERVATION OFFICE By: Name: Title: Dated this I & day of .�� , 20 STATE OF WASHINGTON �nA ) ss COUNTY OF 1 t ` ) I certify that I know or have satisfactory evidence that Scoff f b6wwL 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 Recreation and Conservation Office and to Fe t e free voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: _�Q,��'��ll..�j2V J Z! ' � � � �4.•� �� M Signed: �tt Notary Public in and for the State of Washington, residing in i My commission expires Z ( k. Page 5 of 7 0 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 iri the County of Jefferson, State of Washington. Page 6 of 7 is EXHIBIT B Property Map Big Quilcene River. Floodplain Key Pieces, Project #15-1189 Marie Property _ Marie Property (0.66 ac) Map created 08/23/2018 by Jefferson County, Page 7 of 7 Public Hea t $- Z.�q 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org C" En 1, WQ-1$-i�4 CONTRACT REVIEW FORM OCT 10 2018 CONTRACT WITH: Recreation and Conservation Office CONTRACT FOR: Deed of Right—former Marie Property, TERM, I�r i Parcel 991-200-304 & 991-200-305, forw Salmon Recovery Purposes COUNTY DEPARTMENT: Jefferson County Public Health For More Information Contact: Tami Pokorny Contact Phone #: X498 RETURN TO: Jenny Matter RETURN BY: ASAP AMOUNT: Revenue: Expenditure: Matching Funds Required: Source(s) of Matching Funds Other: Step 1 V JC APPROVED FORM Comments: PROCESS: Funded from RCO SRFB #15- 1189 REVIEW BY RIS Review by: tlli Date Revievve ❑ Exempt from Bid Process ❑ Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Work Roster ❑ Vendor List Bid ❑ RFP or RFQ ❑Other: for revision (See Comments) * cz'bt� c �GYds�aiy j Step 2: REVIEW BY PROSE ING Review by: Date Reviewed: / APPROVED AS TO FORMLj Comments: d for revision (See 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 Philip Morley From: Philip Morley Sent: Wednesday, December 5, 2018 10:57 PM To: Tami Pokorny; Philip Hunsucker Cc: Jenny Matter; Julie Shannon Subject: Deed of Right for former Marie Property Tami, the Deed of Right by the County to WA State RCO for the former Marie Property several time references "consistent with the purposes in the Project Agreement." Has the Project Agreement been Recorded with the Auditor? If it is, should the Deed reference the recorded Project Agreement? If the Project Agreement has not been recorded, then 50 or 100 years from now, how will someone be able to determin if an activity is "consistent" with the Project Agreement? Philip Philip Morley Jefferson County Administrator Pmorlev@co.iefferson.wa.us (360) 385-9100 x-383 This is a reminder that all email to or from this email address may be subject to the Public Records Act contained in KIN 42.56. Additionally, all email to and from the county is captured and archived by Information Services. Public Hea TO: FROM: DATE: 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicH alth.or �onsent Rgenda October 8, 2018 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST Board of County Commissioners Philip Morley, County Administrator Stuart Whitford, Director, Environmental Public Health Tami Pokorny, Natural Resources Program Coordinator 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 - Philip Morley, County A mistrator. Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) P�6�8 Date Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379-4487