HomeMy WebLinkAbout101419_ca07615 Sheridan Street
Port Townsend, WA 98368
fexson www.JeffersonCountyPublicHealth.org
Consent Agenda
Public He September 9, 2019
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: W lqi 20(q
SUBJECT: Agenda Item — Recreation and Conservation Office — Deed of Right for
Parcels #991-200-505 and #991-200-503; 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 parcels #991-200-505 and #991-200-503; 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 IMPACTICOS�T BENEFIT ANALYSIS:
This property's acquisition, and planned restoration, are funded by grants from the RCO Salmon Recovery
Funding Board (#16-1480) and the Department of Ecology totaling $238,737. There is no impact to the
general fund.
RECOMMENDATION:
JCPH management request approval of the Recreation and Conservation Office — Deed of Right for parcels
#991-200-505 and #991-200-503; Upon signature — perpetuity.
REv ED BY:
1
6Philip Mork, C my Admlaj6tra3=or Date
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Always working for a safer and healthier community
Environmental Public Health
360-385-9444
(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 15, 17, 18, 19 and 20 BLK 5 Quilcene, (More particularly described in
Exhibit "A" (Legal Description), and as depicted in Exhibit `B" (Property Map)),
Assessor's Property Tax Parcel Number(s): 991-200-505 and 991-200-503
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 Salmon Recovery Funding Board Account. Such grant is made pursuant to the Project
Agreement entered into between the Grantor and the Grantee entitled Lower Big Quilcene
Floodplain Acquisitions, Project Number 16-1480 signed by the Grantor on the 17th day of
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December 2018 and the Grantee the 31St day of December 2018 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 the Big Quilcene River floodplain.This habitat supports or may
support priority species or groups of species including but not limited to Hood Canal
Summer Chum salmon.
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 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
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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
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y��
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
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y��
GRANTEE:
STATE OF WASHINGTON, acting by and through THE WASHINGTON STATE
SALMON RECOVERY FUNDING BOARD, administered by the WASHINGTON
STATE RECREATION A D CONSERVATION OFFICE
By: /
Name:
Title:
Dated this I. day of 20 �
STATE OF WASHINGTON )
ss
COUNTY OF
I certify that I know or have satisfactory evidence that sezw' ' lu ow is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stat that (1 e/s e) wa uth,4'r d to execute the instrument and
acknowledge it as the _ V for the Recreation and
Conservation Office and to be lie free aiid 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-rkuwm
My commission expires
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EXHIBIT A
Legal Description
Lots 15, 17, 18, 19 and 20 in Block 5 of Plat of Quilcene, as per plat recorded in Volume 2 of
Plats on Page 33, records of Jefferson County.
Situate in the County of Jefferson, State of Washington.
Assessor's Parcel Nos. 991 200 505 and 991 200 503
The lands herein described contain an area of 0.66 acres, more or less.
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sT�
EXHIBIT B
Property Map
Lower Big Quilcene Floodplain Acquisitions, Project #16-1480C
Bochat Property
Bochat Property (0.66 Map created 08/14/2019 by Jefferson County. Sponsor: Jefferson County
l., ,.. General location purposes only.
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