HomeMy WebLinkAbout101419_ra02�e mon
Public Heealit
CABS
October 1, 2019
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Stuart Whitford, Environmental Public Health Director
Tami Pokorny, Natural Resources Program Coordinator
DATE:
SUBJECT: Agenda Item — Conservation Futures Project Updates:
Tarboo Forest Addition and Snow Creek Middle Reach Forest
Protection Projects and Draft Agreements
STATEMENT OF ISSUE:
Jefferson County Public Health, Environmental Public Health, requests to update the Board about
two conservation futures projects and draft agreements: Tarboo Forest Addition and the Snow
Creek Middle Reach Forest Protection. No decision is requested at this time.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
The Tarboo Forest Protection Project was awarded $110,000 this year (Resolution #45-19) to
purchase a conservation easement on the real property known in the records of the Jefferson
County Assessor as APN#s 801321013, 801321015, and 801321012 to protect mature forest
habitat. The Snow Creek Middle Reach Forest Protection Project was awarded $25,385 in 2018
(Resolution #46-18) to purchase the real property known in the records of the Jefferson County
Assessor as APN#s 946200001, 946200002, 946200003, 946200004, 946200006, and
802024005 to protect and restore salmon habitat.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The costs to present the workshop are negligible. The Project Agreements would be fully
funded by the Jefferson County Conservation Futures Fund.
RECOMMENDATION:
JCPH management requests to update the Board about the Tarboo Forest Addition and the
Snow Creek Middle Reach Forest Protection conservation futures projects and draft agreements.
No decision is requested at this time.
REVIEWED BY:
p Morley,ty ministrator
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Date
Always working for a safer and healthier community
Environmental Public Health
Water Quality
360-385-9444
(f) 360-379-4487
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: Jefferson Land Trust
Project Title: Tarboo Forest Addition
Contract Number: EH -19-170
Approval: Resolutions No. 45-19
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. 45-19 (Appendix B),
and the 2019 Conservation Futures project application for the Tarboo Forest Addition Project (Appendix Q.
Jefferson County Conservation Futures Funds ("CFF") in an amount not to exceed $110,000 will be used
towards the acquisition by Jefferson Land Trust of an amended and restated grant deed of conservation
easement to include the subject 21 -acre property known in the records of the Jefferson County Assessor as
APN#s 801321013, 801321015, and 801321012 and described in the draft easement (Appendix D).
The Land Trust purchase of the amended and restated grant deed of conservation easement on the subject
property will prevent subdivision while allowing for sustainable forest management, habitat protection,
recreational and educational uses. Language will be included to protect the County's interests and
conservation values, including:
In 2019, Grantor acquired the additional parcel of the Property described as Parcel 13, in Exhibit A
herein, comprised of Jefferson County Assessor's Tax Parcel Numbers 801321013, 801321015, and
801321012, totaling approximately 21 acres, with its own funds. Funds contributed by Jefferson
County from the Jefferson County Conservation Futures property tax, together with funds
contributed by the United States, acting by and through the Department of Navy ("Navy'), through
the Navy Readiness and Environmental Protection Integration (REPI) program, provided the
funding for the acquisition of a conservation easement over Parcel 13. Consistent with Jefferson
County Conservation Future tax funding requirements, Grantor and Grantee are executing this
Amended and Restated Grant Deed of Conservation Easement, which Amended and Restated Grant
Deed of Conservation Easement will place Parcels I through 13, inclusive, under permanent
conservation protection. Consistent with REPI program funding requirements, a Grant Deed of
Restrictive Easement, granted by Grantor in favor of the Navy is also being placed on Parcel 13
concurrently with this Amended and Restated Grant Deed of Conservation Easement.
D. Periods of Performance
The Project reimbursement period for acquisition expenses shall begin on April 1, 2019 and end on August
19, 2022 unless proof of match is provided prior to this date. No expenditure made before April 1, 2019 is
eligible for reimbursement unless incorporated by written amendment into this Agreement.
2019 Tarboo Forest Addition
Annual reporting is required every October beginning in 2019 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
$110,000 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-eight (58%) percent of the total Project cost
and all Project costs in excess of $110,000. 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.
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 2019 Funding Cycle (Appendix E).
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. Sponsor shall be liable only to the extent of Sponsor's proportional negligence. The
Sponsor specifically assumes potential liability for actions brought against the County by Sponsor's
employees, including all other persons engaged in the performance of any work or service required of
the Sponsor under this Agreement and, solely for the purpose of this indemnification and defense, the
Sponsor specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W.
The Sponsor recognizes that this waiver was specifically entered into pursuant to provisions of
R.C.W. 4.24.115 and was subject of mutual negotiation.
I. Insurance
The Sponsor shall secure and maintain in force throughout the duration of this contract policies of
insurance as follows:
2019 Tarboo Forest Addition
Acquisition
O & M
Totals
% Match
Tarboo Forest Addition —
Conservation Futures
$110,000
$0
$110,000
42%
Project Sponsor Contribution
$150,000
$0
$150,000
58%
Totals
$260,000
$0
$260,000
100%
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 2019 Funding Cycle (Appendix E).
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. Sponsor shall be liable only to the extent of Sponsor's proportional negligence. The
Sponsor specifically assumes potential liability for actions brought against the County by Sponsor's
employees, including all other persons engaged in the performance of any work or service required of
the Sponsor under this Agreement and, solely for the purpose of this indemnification and defense, the
Sponsor specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W.
The Sponsor recognizes that this waiver was specifically entered into pursuant to provisions of
R.C.W. 4.24.115 and was subject of mutual negotiation.
I. Insurance
The Sponsor shall secure and maintain in force throughout the duration of this contract policies of
insurance as follows:
2019 Tarboo Forest Addition
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.
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.
2019 Tarboo Forest Addition
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.
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.
4 2019 Tarboo Forest Addition
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 ten (10) 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.
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:
2019 Tarboo Forest Addition
Sponsor Contact
Sarah Spaeth, Director of Conservation
Jefferson Land Trust
1033 Lawrence St.
Port Townsend, WA 98368
Conservation Futures Program Contact
Jefferson County Environmental
Public Health — Conservation Futures
615 Sheridan Street
Port Townsend, WA 98368
These addresses shall be effective until receipt by one parry 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 Tarboo Forest Addition 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
Kate Dean, Chair
Jefferson Board of County Commissioners
By
Jefferson Land Trust
Approved as to form only:
Date:
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
2019.
2019 Tarboo Forest Addition
APPENDIX A
Scope of Work
Jefferson Land Trust, as project sponsor "Sponsor", will perform the following tasks in order to implement
the Tarboo Forest Addition Project:
Task 1: Acquire Matching Contribution
Sponsor will secure the necessary matching contribution of no less than fifty-eight percent (58%) 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 58% of the total project cost.
Task 2: Acquire Conservation Easement
Sponsor will acquire a conservation easement on the subject property, APN#s 801321013, 801321015, and
801321012 that incorporates approved Conservation Futures Program language, including the language in
item "C" of this agreement.
Deliverable 2a: Estimated settlement statement (HUD -1), recorded conservation deed.
Task 3: Stewardship
Sponsor will update the Tarboo Wildlife Preserve Stewardship Plan.
Deliverable 3a: Electronic copy of updated plan.
Task 4: Reporting
Sponsor will monitor and report on the property 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 for each year.
Deliverable 4a: Completed annual reports.
2019 Tarboo Forest Addition
APPENDIX B
Resolution No. 45-19
2019 Tarboo Forest Addition
APPENDIX C
Conservation Futures Project Application for the Tarboo Forest Addition Project
2019 Tarboo Forest Addition
APPENDIX D
Draft Restated and Amended Conservation Easement
2019 Tarboo Forest Addition
APPENDIX E
Jefferson County Conservation Futures Program Manual for the 2019 Funding Cycle
10
2019 Tarboo Forest Addition
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: Jefferson Land Trust
Project Title: Snow Creek Middle Forest Protection Project
Contract Number: WQ-19-171
Approval: Resolutions No. 45-18
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. 45-18
(Appendix B), and the revised 2018 Conservation project application for the Snow Creek
Middle Forest Protection Project (Appendix Q. Jefferson County Conservation Futures
Funds ("CFF") in an amount not to exceed $25,385 will be used towards the fee simple
acquisition by Jefferson Land Trust of six parcels known in the records of the Jefferson
County Assessor as APN#s 946200001, 946200002, 946200003, 946200004, 946200006,
802024005 and described in the Draft Statutory Warranty Deed (Appendix D).
The Land Trust purchase of the property will protect a segment of Snow Creek and the
associated forest, riparian lands and ecosystem services. The following language will be
included in the Statutory Warranty Deed to protect the County's interests and conservation
values as presented in the application for Conservation Futures funding:
In order to permanently protect fragile ecosystems and to extend an existing
wildlife habitat corridor known as the Snow Creek Middle Forest Preserve, the
Grantors and the Grantee herein covenant and agree that the real property that is
the subject of this Deed shall be maintained, retained and conserved in perpetuity
in its natural state by the Grantee, its successors and assigns. This covenant is
deemed to touch upon and run with the land in strict conformance with RCW
84.34.230. The land was acquired in part with Jefferson County Conservation
Futures funds and shall not shall not be converted to a different use unless and
only if other equivalent lands within the Jefferson County (the County) are
received by the County in exchange.
The foregoing covenant does not apply to the following:
Trails;
Large woody debris treatment and floodplain reconnection;
Planting of any vegetation or trees that are native to the Pacific Northwest;
2018 Snow Creek Middle Reach Forest Protection Project
Removal of species that are not native to the Pacific Northwest;
Removal of any dead, diseased, or dangerous trees that constitute a hazard to life
or property.
Restoration activities to enhance and improve Snow Creek salmon habitat
D. Periods of Performance
The Project reimbursement period for acquisition expenses shall begin on October 1, 2017
and end on October 1, 2021 unless proof of match is provided prior to this date. No
expenditure made before October 1, 2017 is eligible for reimbursement unless incorporated
by written amendment into this Agreement.
Annual reporting is required every October beginning in 2019 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 $25,385 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
eighty-three point zero one percent (83.01%) of the total Project cost and all Project costs in
excess of $25,385. 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.
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 2018 Funding Cycle (Appendix E).
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
Contractor shall indemnify and hold harmless the County, its officers, and employees, from
and against all claims, losses or liability, or any portion thereof, including reasonable
2018 Snow Creek Middle Reach Forest Protection Project
Acquisition
O & M
Totals
% Match
Conservation Futures — Snow
Creek Middle Reach Forest
$25,385
$0
$25,385
16.99%
Project Sponsor Contribution
$118,515
$5,500
$124,015
83.01%
Totals
$143,900
$5,500
$149,400
100%
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 2018 Funding Cycle (Appendix E).
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
Contractor shall indemnify and hold harmless the County, its officers, and employees, from
and against all claims, losses or liability, or any portion thereof, including reasonable
2018 Snow Creek Middle Reach Forest Protection Project
attorney's fees and costs, arising from injury or death to persons, including injuries, sickness,
disease or death to Contractor's own employees, or damage to property occasioned by a
negligent act, omission or failure of the Contractor. Contractor shall be liable only to the
extent of Contractor's proportional negligence. The Contractor specifically assumes potential
liability for actions brought against the County by Contractor's employees, including all other
persons engaged in the performance of any work or service required of the Contractor under
this Agreement and, solely for the purpose of this indemnification and defense, the Contractor
specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W.
The Contractor recognizes that this waiver was specifically entered into pursuant to
provisions of R.C.W. 4.24.115 and was subject of mutual negotiation.
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);
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.
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.
2018 Snow Creek Middle Reach Forest Protection Project
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.
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 parry 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
2018 Snow Creek Middle Reach Forest Protection Project
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.
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 ten (10) 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.
2018 Snow Creek Middle Reach Forest Protection Project
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.
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 Tami Pokorny, NR Program
Coord.
Jefferson Land Trust Jefferson County Environmental
1033 Lawrence St. Public Health — Conservation
Futures
Port Townsend, WA 98368 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 2018 Snow Creek Middle Reach Forest Protection 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
(SIGNATURES FOLLOW ON THE NEXT PAGE)
2019.
2018 Snow Creek Middle Reach Forest Protection Project
SIGNATURE PAGE
Name of Contractor
Contractor Representative (Please print)
(Signature)
Title
Date
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kate Dean, Chair
David Sullivan, Member
Greg Brotherton, Member
ATTEST:
By:
Carolyn Gallaway
Deputy Clerk of the Board
APPROVED AS TO FORM ONLY:
By:
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
2018 Snow Creek Middle Reach Forest Protection Project
APPENDIX A
Scope of Work
Jefferson Land Trust, as project sponsor "Sponsor", will perform the following tasks in order
to implement the Snow Creek Middle Reach Forest Protection Project:
Task 1: Acquire Matching Contribution
Sponsor will secure the necessary matching contribution of no less than eighty-three point
zero one percent (83.01°/x) 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 83.01% of the total project cost.
Task 2: Acquire Subject Properties Fee Simple
Sponsor will acquire the subject property, APN#s 946200001, 946200002, 946200003,
946200004, 946200006, 802024005, and include the Conservation Futures deed language in
item "C" of this agreement in the Statutory Warranty Deed.
Deliverable 2a: Estimated settlement statement (HUD -1), recorded Statutory Warranty Deed.
Task 3: Perform Operations and Maintenance
Sponsor will provide an update to the Snow Creek Protection (stewardship) plan to include
the Middle Reach project parcels, APN#s 946200001, 946200002, 946200003, 946200004,
946200006, and 802024005.
Deliverable 3a: Electronic copy of updated plan.
Task 4: Reporting
Sponsor will monitor and report on the property 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 for each year.
Deliverable 4a: Completed annual reports.
2018 Snow Creek Middle Reach Forest Protection Project
Resolution No. 45-18
APPENDIX B
2018 Snow Creek Middle Reach Forest Protection Project
APPENDIX C
Conservation Futures Project Revised Application for the
Snow Creek Middle Reach Forest Protection Project
10 2018 Snow Creek Middle Reach Forest Protection Project
APPENDIX D
Draft Statutory Warranty Deed
11 2018 Snow Creek Middle Reach Forest Protection Project
APPENDIX E
Jefferson County Conservation Futures Program Manual for the 2018 Funding Cycle
12 2018 Snow Creek Middle Reach Forest Protection Project
AFTER RECORDING MAIL TO:
Jefferson Land Trust
1033 Lawrence Street
Port Townsend WA 98368
AMENDED AND RESTATED
GRANT DEED OF CONSERVATION EASEMENT
Grantor: NORTHWEST WATERSHED INSTITUTE
Grantee: JEFFERSON LAND TRUST
Abbreviated Legal Description: ptn WIWI & NW NW (LS W542') & TAX 2,4,6,8 WITH EASE
Sec 28, NE SE & SE NE, Sec 29, Wz NW & ptn S2 NW, Sec 33, T28 N R1 W, & ptn NE NW & Ptn
NW NE32-28 1 E.
Assessor's Property Tax Parcel Numbers: 801282002, 801291007, 801294001, 801332001,
801282003, 801283008, 801283010, 801283006, 801283012, 801332004, 801294002,
801321016 ,801332002, 801321013, 801321015, and 801321012.
Related Documents: 506669 (2005 Grant Deed of Conservation Easement); 505897 (Notice
of Grant Agreement); 545156 (2009 Amended and Restated Grant Deed of Conservation
Easement); 585568 (2014 Amended and Restated Grant Deed of Conservation Easement).
THIS AMENDED AND RESTATED GRANT DEED OF CONSERVATION EASEMENT is made
by and between NORTHWEST WATERSHED INSTITUTE, a Washington nonprofit corporation
("Grantor"), whose address is 3407 Eddy Street, Port Townsend WA 98368 and JEFFERSON
LAND TRUST, a Washington nonprofit corporation ("Grantee"), with a mailing address and
registered office at 1033 Lawrence Street, Port Townsend WA 98368.
By this Amended and Restated Grant Deed of Conservation Easement, Grantor and Grantee
add approximately 21 acres to the conservation easement -protected area, and correct, clarify
and update other provisions of the conservation easement, where appropriate, to reflect the
sources of federal, state and local grant funding relevant to acquisition of the fee and
conservation easement interests in the Property (as described below) and allocation of
proceeds between Grantee and federal, state and local funding sources in the event of an
extinguishment of this Amended and Restated Grant Deed of Conservation Easement as to all
or a portion of the Property. Consolidation of the conservation easement -protected parcels
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Northwest Watershed Institute / Jefferson Land Trust
Page 1
under one conservation easement will aid in the administration of the conservation easement
and the stewardship of the conservation easement -protected Property.
I. RECITALS
A. Grantor is the sole owner in fee simple of that certain real property (the "Property") in
Jefferson County, Washington more particularly described in Exhibit A attached hereto and
incorporated herein by this reference.
B. In 2005, Grantor acquired a portion of the Property (described as Parcels 1 through 3,
inclusive, in Exhibit A herein), of approximately 200 acres, with National Coastal Wetlands
Conservation Grant funds pursuant to Grant Agreement between The United States of America,
acting by and through the United States Fish and Wildlife Service and Washington Department
of Ecology, dated February 1, 2005, titled Lower Tarboo Creek Wetland Acquisition and
Floodplain Restoration Grant Agreement No. C-45-1 ("2005 Grant Agreement'). In addition, that
same year, Grantor acquired an additional parcel of the Property (described as Parcel 4 in
Exhibit A herein), of approximately 0.8 acres, with its own funds. For purposes set forth in the
2005 Grant Agreement, and in compliance with 2005 Grant Agreement requirements, Grantor
and Grantee previously executed a Grant Deed of Conservation Easement dated December 19,
2005, recorded under Auditor's No. 506669, records of Jefferson County, Washington ("2005
Conservation Easement"), which 2005 Conservation Easement placed Parcels 1 through 4,
inclusive, under permanent conservation protection.
C. Grantor subsequently acquired additional portions of the Property (described as Parcels 5
through 10, inclusive, in Exhibit A herein), of approximately 122 acres, with National Coastal
Wetlands Conservation Grant funds pursuant to Grant Agreement between The United States of
America, acting by and through the United States Fish and Wildlife Service and Washington
Department of Ecology, dated February 2, 2007, titled Lower Tarboo Creek Wetland Acquisition
and Floodplain Restoration — Phase II Grant Agreement No. C -54-L-1 ("2007 Grant
Agreement"). In addition, National Coastal Wetlands Conservation Grant funds and funds
contributed by Jefferson County from the Jefferson County Conservation Futures property tax
provided a portion of the funding for the acquisition of a conservation easement over Parcels 9
and 10. For purposes set forth in the 2007 Grant Agreement, and in compliance with 2007
Grant Agreement and Jefferson County Conservation Futures property tax funding
requirements, Grantor and Grantee executed an Amended and Restated Grant Deed of
Conservation Easement dated July 22, 2009, recorded under Auditor's No. 545156, records of
Jefferson County, Washington ("2009 Conservation Easement"), which 2009 Conservation
Easement placed Parcels 1 through 10, inclusive, under permanent conservation protection.
D. The two previously described grant agreements are referred to herein as the "Grant
Agreements". Copies of the Grant Agreements are on file with the U.S. Fish and Wildlife
Service, 911 N.E. 11th Avenue, Portland, Oregon 97232-4181, and at the offices of the
Washington Department of Ecology, P.O. Box 47600, Olympia, Washington 98504-7600.
Grantee hereby agrees to be bound by the terms of the Grant Agreements, as described herein,
including the obligation to ensure the long term conservation of the Property in accordance with
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Northwest Watershed Institute / Jefferson Land Trust
Page 2
the terms and conditions of this Amended and Restated Grant Deed of Conservation Easement,
and to obtain the consent of the U.S. Fish and Wildlife Service prior to any conveyance of any
interest acquired hereby.
E. In 2014, Grantor acquired the additional parcels of the Property described as Parcel 11 and
12, inclusive, in Exhibit A herein, of approximately 80 acres, with its own funds. Parcel 11 is
shown on that certain survey recorded in Volume 36 of Surveys, page 353, under Auditor's File
Number 585567, records of Jefferson County, Washington ("the Parcel 11 Survey"). Funds
contributed by Jefferson County from the Jefferson County Conservation Futures property tax
provided a portion of the funding for the acquisition of a conservation easement over Parcel 11.
Consistent with Jefferson County Conservation Futures property tax funding requirements,
Grantor and Grantee executed an Amended and Restated Grant Deed of Conservation
Easement dated August 13, 2014, recorded under Auditor's No. 585568, records of Jefferson
County, Washington ("2014 Conservation Easement"), which 2014 Conservation Easement
placed Parcels 1 through 12, inclusive, under permanent conservation protection.
F. In 2019, Grantor acquired the additional parcel of the Property described as Parcel 13, in
Exhibit A herein, comprised of Jefferson County Assessor's Tax Parcel Numbers 801321013,
801321015, and 801321012, totaling approximately 21 acres, with its own funds. Funds
contributed by Jefferson County from the Jefferson County Conservation Futures property tax,
together with funds contributed by the United States, acting by and through the Department of
Navy ("Navy"), through the Navy Readiness and Environmental Protection Integration (REPT)
program, provided the funding for the acquisition of a conservation easement over Parcel 13.
Consistent with Jefferson County Conservation Future tax funding requirements, Grantor and
Grantee are executing this Amended and Restated Grant Deed of Conservation Easement,
which Amended and Restated Grant Deed of Conservation Easement will place Parcels 1
through 13, inclusive, under permanent conservation protection. Consistent with REPI program
funding requirements, a Grant Deed of Restrictive Easement, granted by Grantor in favor of the
Navy is also being placed on Parcel 13 concurrently with this Amended and Restated Grant
Deed of Conservation Easement.
G. The acquisition of the said additional parcel of real property (Parcels 13) and Grantor's desire
to make such real property subject to the terms and conditions contained herein has resulted in
this Amended and Restated Grant Deed of Conservation Easement. This Amended and
Restated Grant Deed of Conservation Easement consolidates the conservation easements
previously conveyed by Grantor to Grantee into one conservation easement that amends and
restates the 2014 Conservation Easement (which had previously amended and restated the
2009 Conservation Easement) in its entirety, with the same Conservation Values as provided for
in the 2014Conservation Easement and with equivalent or greater protection for the parcels
under the 2014 Conservation Easement.
H. This Amended and Restated Grant Deed of Conservation Easement legally restricts in
perpetuity human activities and land uses in all of the Property. For the purposes of this
Amended and Restated Grant Deed of Conservation Easement, the Property is divided into four
conservation zones, more particularly described in Exhibit B and shown on Exhibit C attached
hereto and incorporated herein by this reference. Conservation Zone A ("CZ A") consists of
CONSERVATION EASEMENT
Northwest Watershed Institute / Jefferson Land Trust
Page 3
approximately 193 acres and is intended to include the portions of the Property within which
most of the riparian and wetland habitat is situated. Conservation Zone B ("CZ B") consists of
approximately 39 acres to the west of CZ A and is intended to include an area of the Property
with higher elevations, including the existing barn and mobile home site, as well as an upland
forest to the West of Dabob Road. Conservation Zone C ("CZ C") consists of approximately 84
acres that includes mostly forested hillsides and tributary streams on the east side of the Tarboo
valley that drain into the riparian area. Conservation Zone D ("CZ D") consists of approximately
101 acres of forested hillside on the west side of the Tarboo valley.
I. The State of Washington and the United States government provide grants for projects and
programs that protect, restore, and enhance wildlife and habitat and preserve prime agricultural
soils on privately owned land. This Amended and Restated Grant Deed of Conservation
Easement is being created in combination with a restoration and enhancement program being
developed primarily by Grantor to be implemented as grants and other public and private
sources of funding become available. The design and objectives of various elements of the
program are and will be documented in plans on file at the offices of Grantor and Grantee and
incorporated herein by this reference.
J. For purposes of this instrument, "riparian habitat" is defined as the land area adjacent to
aquatic systems with flowing water that contains elements of both aquatic and terrestrial
ecosystems which mutually influence each other and provide habitat for fish and wildlife
species. Riparian habitat provides vital functions to aquatic and upland ecosystems which
include soil and stream bank stability, stream temperature control, water purification, water
storage and conservation, and supply of food and nutrients to the aquatic system. Riparian
habitat includes rivers, streams, wetlands, lakes, and estuaries or near -shore marine habitat, as
well as the floodplain associated with such aquatic systems. For the purposes of this instrument,
"upland habitat" is defined as the terrestrial ecosystems, not including riparian habitat, that
provide habitat, or support the restoration of habitat, for a variety of native flora and fauna
historically found in native low -elevation forests. For the purposes of this instrument, "old-
growth forest" is defined as a forest stand at least 180-220 years old with moderate to high
canopy closure; a multilayered, multispecies canopy dominated by large overstory trees; high
incidence of large trees, some with broken tops and other indications of old and decaying wood
(decadence); numerous large snags; and heavy accumulations of wood, including large logs on
the ground.
K. This Amended and Restated Grant Deed of Conservation Easement is part of a landscape -
scale effort to preserve, protect, restore, enhance and maintain riparian and upland habitat
along Tarboo Creek that is identified by the Washington State Department of Wildlife Database
(March 1999) as having a salmonid presence (i.e. spawning and rearing habitat for salmon).
L. The Property contains riparian habitat, upland habitat, and other natural values, as follows,
(collectively the "Conservation Values") of great importance to Grantor, to the people of
Jefferson County and to the people of the State of Washington:
1. Fish habitat: the Property contains, and will support the enhancement of, features that
afford safe passage and suitable habitat for salmon and other species of fish.
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Northwest Watershed Institute / Jefferson Land Trust
Page 4
2. Wildlife habitat: the Property contains, and will support the enhancement of, native forest
vegetation that provides shelter, cover and food for a diversity of wildlife.
3. Scenic quality: the Property is located within the view shed of Dabob Road, a Jefferson
County road and public thoroughfare.
4. Educational and scientific opportunity: the Property is in a highly visible and easily
accessible location, favorable to educational and scientific activities.
M. The specific Conservation Values of the Property are further documented in an inventory of
its relevant features (the "Baseline Documentation"), on file at the offices of Grantee and
incorporated herein by this reference. The Baseline Documentation consists of reports,
appraisals, maps, photographs and other documentation that Grantor and Grantee agree
accurately describe and depict the state of the Property at the time of this grant, and which are
intended to serve as an objective information baseline for monitoring compliance with the terms
of this grant.
N. Grantor is a tax-exempt nonprofit organization, qualified under Sections 501(c)(3) and 170(h)
of the Internal Revenue Code of 1986, as amended. Grantor, as sole owner of the Property in
fee simple absolute, has the right to protect and preserve the Conservation Values of the
Property, and desires to convey such rights to Grantee in perpetuity, subject to and in
accordance with the terms of this grant.
O. Grantee is a 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.
P. Grantee agrees by accepting this grant to honor the intention of Grantor 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.
II. CONVEYANCE & CONSIDERATION
A. In consideration of Grantor's desire to protect the Conservation Values of the Property in
perpetuity, and in further consideration of the foregoing recitals and the terms, conditions,
restrictions, and mutual covenants set forth in this instrument, and pursuant to the common law
and the laws of the State of Washington, particularly Section 64.04.130 of the Revised Code of
Washington, Grantor, with the intention of making a gift, hereby grants and conveys to Grantee
a Conservation Easement ("Easement") in perpetuity over the Property, consisting of certain
rights in CZ A, CZ B, CZ C, and CZ D as defined in this Easement, subject only to the
restrictions set forth herein and title matters of record as of the Effective Date of this grant.
B. The monetary consideration for inclusion of Parcel 13 in this Easement, and Parcels 11 in the
2014 Conservation Easement and Parcels 9 and 10 in the 2009 Conservation Easement, was
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Northwest Watershed Institute / Jefferson Land Trust
Page 5
provided in part by a grants funded by 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 between Jefferson County and Grantor, 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 Parcels 9, 10, 11 and 13 acquired hereby. Consistent with Jefferson County
Code Section 3.08.030(9), this Easement, as it pertains to Parcels 9, 10, 11 and 13, 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.
C. Grantor expressly intends that this Easement run with the land and that this Easement shall
be binding upon Grantor's personal representatives, heirs, successors, and assigns in
perpetuity.
D. Nothing in this Easement shall be construed as affording to the general public physical
access to the Property or any portion thereof.
III. PURPOSES & INTENTS
A. The purposes of this Easement (collectively referred to herein as the "Purpose") are:
1. To preserve and protect in perpetuity the riparian habitat and upland habitat (as defined
in Section I herein) and other Conservation Values of the Property.
2. To assure that the Property will 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).
To prevent any use of, or activity on, the Property that may significantly impair or interfere
with its Conservation Values.
3. To enable the implementation of the restoration program identified in Section I
paragraph H herein and described in paragraph B below, and any future management or
restoration plan intended to restore, enhance, and maintain the Conservation Values of the
Property and prepared by an individual or organization professionally qualified to prepare
such a plan, subject to notice and approval by Grantee in accordance with Section VII of this
Easement. A management plan that has been approved by Grantee and is effective as of
the date of any change in ownership of the Property shall become an interim management
plan that will be valid for 90 days following the date of conveyance of the Property to the
new owner(s). Grantee shall meet with the new owner during this 90 -day period for the
purpose of reviewing the management plan with the new owner and determining whether
such plan should be extended or revised.
4. To enable the development of an environmental education and research center that may
include a field station, caretaker's residence, parking area, visitor use cabins and designated
tent sites, and additional facilities located on the property.
5. To preclude any use of, or activity on, the Property that is inconsistent with the above
purposes.
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Northwest Watershed Institute / Jefferson Land Trust
Page 6
B. The intent of the restoration program is two -fold:
1. To improve fish habitat, wetland hydrology and function, and water quality by restoring or
simulating some of the riverine and wetland functions historically identified with the section
of Tarboo Creek within which CZ A is located.
2. To restore native riparian, wetland, and upland forest habitats.
Improvements may, without limitation, include creation of channel complexity by excavation of
new channel, bank, and wetland features, placement of large woody debris in the stream and
floodplain, and installation of wildlife snags. Restoration activities may, without limitation,
include planting native plants, selective removal of native plants, removal of non-native plants,
and restoring wetlands by blocking man-made drainage ditches and restoring natural drainage
features.
C. Grantor intends that this Easement will confine the uses of, or activities on, the Property to
such uses and activities as are consistent with the Purpose set forth above. Generally, the
Property shall remain as undisturbed fish and wildlife habitat. Human activities shall be limited
to passive recreation, wildlife observation, educational and scientific study, and activities
conducted in accordance with the restoration program or any future management plan.
IV. RIGHTS CONVEYED TO GRANTEE
A. To accomplish the Purpose of this Easement, the following rights are hereby conveyed to
Grantee:
1. To identify, preserve, and protect in perpetuity, and to restore, enhance, and maintain by
mutual agreement of Grantor and Grantee, the Conservation Values of the Property.
2. To enter the Property, at reasonable times and upon prior written notice to Grantor, for
the purpose of inspecting the Property to monitor Grantor's compliance with this Easement.
3. To enter the Property, or allow Grantee's invitees or licensees to enter the Property, at
reasonable times and upon prior written notice to Grantor, for the purpose of implementation
of the Restoration Plan or any future management plan, in accordance with the Purpose of
this Easement.
4. To enter the Property at such other times as are necessary if Grantee has a reason to
believe that a violation of this Easement is occurring or has occurred, for the purpose of
mitigating or terminating the violation and otherwise enforcing the provisions of this
Easement. Such entry shall be upon prior reasonable notice to Grantor, and Grantee shall
not in any case unreasonably interfere with Grantor's use and quiet enjoyment of the
Property.
5. To make or permit uses of the Property for educational and/or scientific purposes which
will promote an understanding and appreciation of the Conservation Values of the Property,
provided that entry of the Property for such purposes shall be upon prior reasonable notice
to Grantor, shall comply with reasonable restrictions on access set forth by Grantor and may
not interfere with Grantor's quiet use and enjoyment of the Property.
6. To assign, convey, or otherwise transfer Grantee's interest in the Property in accordance
with Section X herein.
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Northwest Watershed Institute / Jefferson Land Trust
Page 7
B. To enforce the terms of this Easement in accordance with Section VIII herein, the following
rights are hereby conveyed to Grantee:
1. To enjoin any use of, or activity on, the Property that is inconsistent with the Purpose of
this Easement, including trespass by members of the public.
2. To require or undertake the restoration of such areas or features of the Property as may
be damaged by any inconsistent activity or use, all in accordance with the Purpose of this
Easement.
V. PERMITTED USES & ACTIVITIES
A. Grantor reserves for itself, its assigns, and successors in interest, all rights accruing from the
ownership of the Property, including the right to engage in, or permit or invite others to engage
in, any use of or activity within the Property that is not inconsistent with the Purpose of this
Easement and that is not prohibited by the terms and conditions of this Easement.
B. Without limiting the generality of paragraph A above and subject to all applicable laws and
regulations, Grantor specifically reserves for itself and its assigns and successors in interest, the
right to engage in passive recreation, wildlife observation, and educational and scientific studies
within the Property. In addition, subject to all applicable laws and regulations, Grantor
specifically reserves for itself and its assigns and successors in interest, the right to engage in,
or permit or invite others to engage in, the following uses and activities within the Property,
subject to prior notice and approval by Grantee in accordance with Section VII of this Easement
except where such uses or activities are already authorized under and consistent with a
management plan that has received the prior written approval by Grantee in accordance with
Section VII of this Easement:
1. The undertaking of restoration and resource management activities.
2. Hunting, trapping and fishing.
3. Sustainable harvesting of forest resources other than timber, including non -lethal harvest
of bark from living cedar trees and the gathering of plant materials for food, medicine, and
other traditional Native American subsistence and ceremonial purposes.
4. Forest management activities, restricted to selective commercial or non-commercial
timber harvesting that allows a net gain in annual timber volume from the relevant reference
date forward; provided, however, that within CZ D, and until CZ D has developed the
characteristics of an old-growth forest, timber harvests cannot exceed 75 percent of the net
gain in annual timber volume from the relevant reference date forward, determined in
accordance with procedures provided in the management plan. The reference dates are:
April 2005 for Parcels 1-4, April 2009 for Parcels 5-10, April 2010 for Parcels 11-12, and
March 2019 for Parcel 13. Forest management activities shall be consistent with the
restoration of a native old growth forest and conducted in accordance with an approved
management plan. Prior to undertaking any timber harvest on the Property, Grantor shall
have received prior written approval by Grantee which approval shall be granted upon
confirmation by Grantor, in accordance with the procedures provided in the management
plan and a reasonable demonstration by Grantor that there will remain a net gain in annual
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timber volume from the relevant reference date after completion of the timber harvest.
When Grantor believes old-growth characteristics have been achieved they will request
confirmation from Grantee. Once agreement is reached, Grantor will, at its expense,
conduct a cruise to establish baseline timber volume for ongoing harvest calculations.
5. Construction, repair, maintenance, and replacement of no more than 16 tent platforms,
each not to exceed 100 square feet in area, for temporary seasonal camping in areas
outside wetland boundaries. Waste management facilities shall be provided for tenting sites
utilizing methods designed, constructed, and maintained so as to minimize impacts to the
Conservation Values of the Property. All construction activities shall be subject to prior
written approval by Grantee.
6. Maintenance, repair, or replacement of existing road crossings of streams and wetlands;
no chemically treated wood may be used.
7. Construction, maintenance, repair, or replacement of no more than two additional foot
bridges across Tarboo Creek; no chemically treated wood may be used.
8. Construction and maintenance of pedestrian trails not to exceed three feet in width
located to avoid impact on the Conservation Values of the Property.
9. Installation and maintenance of zip lines and aerial forest walkways.
10. Installation and maintenance of informational and interpretive signage.
11. Harvest of dead or down timber for firewood for use solely on the Property as fuel for
campfires and indoor heating. Harvest of firewood shall be consistent with the restoration of
an old-growth forest and habitat provided by dead and down trees and conducted in
accordance with a management plan approved by Grantee.
12. Construction, maintenance, repair, and replacement of one sweat lodge in a traditional
Native American style, not to exceed 100 square feet in area, with branches and other plant
building materials gathered from the Property.
13. The operation of motorized vehicles on established roads.
14. Existing surface and groundwater rights may continue to be exercised in accordance
with ch. 90.44 RCW, or successor law, or any recorded Certificate of Water Right.
C. Without limiting the generality of paragraph A above and subject to all applicable laws and
regulations, Grantor specifically reserves for itself and its assigns and successors in interest, in
addition to the uses reserved in paragraph B above, the right to engage in, or permit or invite
others to engage in, the following uses and activities within CZ B, subject to notice and approval
by Grantee in accordance with Section VII of this Easement, except where such uses or
activities are already authorized under and consistent with a management plan that has
received the prior written approval by Grantee in accordance with Section VII of this Easement:
1. Use of no more than a total area of one acre for a native plant nursery to produce
vegetation for native habitat restoration purposes.
2. Remodel, repair, replacement, or removal of the existing barn, whereby the footprint of a
remodeled or replacement structure will not exceed that of the existing barn by more than 10
percent.
3. Use of an area Easterly of Dabob Road, not to exceed five contiguous acres in area, for
(a) replacement of an existing mobile home with a caretaker's residence and garden,
orchard, pasture, and hayfield; (b) construction, maintenance, repair, or replacement of a
field research station and environmental education facility and associated outbuildings; and
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(c) repair, construction, and maintenance of roads, driveways, and parking lots necessary to
access such facilities. All construction activities shall be subject to prior written approval by
Grantee. Lawns or gardens shall be contained within the five acre development envelope.
4. Use of an area Westerly of Dabob Road, not to exceed two contiguous acres in area
outside of slopes greater than 30% and wetland boundaries, for: (a) a caretaker's residence
and garden; (b) construction, maintenance, repair, or replacement of a field research station
and environmental education facility, and c) repair, construction, and maintenance of roads,
driveways, and parking lots necessary to access such facilities. All construction activities
shall be subject to prior written approval by Grantee. Lawns and gardens shall be contained
within the two acre development envelope.
5. Construction, maintenance, repair, and replacement of no more than eight small shelters
for visitor use, including waste treatment methods and utilities designed, constructed, and
maintained so as to minimize damage to the Conservation Values of the Property. A visitor
shelter may not exceed a footprint of 400 square feet. All construction activities shall be
subject to prior written approval by Grantee.
6. Use of no more than a total area of one-half acre for vehicle parking. Parking lot(s) shall
be composed of grass, crushed rock, or other permeable surface.
D. Without limiting the generality of paragraph A above and subject to all applicable laws and
regulations, Grantor specifically reserves for itself and its assigns and successors in interest, in
addition to the uses reserved in paragraph B above, the right to engage in, or permit or invite
others to engage in, the following uses and activities within CZ C, subject to notice and approval
by Grantee in accordance with Section VII of this Easement, except where such uses or
activities are already authorized under and consistent with a management plan that has
received the prior written approval by Grantee in accordance with Section VII of this Easement:
1. Construction, maintenance, repair, and replacement of no more than six small shelters
for visitor use, including waste treatment methods and utilities designed, constructed, and
maintained so as to minimize damage to the Conservation Values of the Property. A visitor
shelter may not exceed a footprint of 400 square feet. All construction activities shall be
subject to prior written approval by Grantee.
2. The use of no more than a total area of one-half acre for vehicle parking. Parking lot(s)
shall be composed of grass, crushed rock, or other permeable surface.
E. Without limiting the generality of paragraph A above, Grantor specifically reserves for itself
and its assigns and successors in interest, the right to engage in, or permit or invite others to
engage in, the following uses and activities, subject to notice and approval by Grantee in
accordance with Section VII of this Easement:
1. The undertaking of activities necessary to prevent excessive and extraordinary flooding
beyond the boundaries of the Property, but only when that flooding is a threat to roads and
buildings, and provided that such activities shall be conducted so that damage to the
Conservation Values of the Property is avoided. If avoidance of damage is not possible, the
activities shall be conducted in such a way that the effects are reversible or the affected area
can be restored in a manner consistent with the Purpose of this Easement.
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2. The undertaking of activities that are necessary to protect public health or safety, or
activities which are required by and subject to compulsion of any government agency with
authority to require such activities, provided that such activities shall be conducted so that
damage to the Conservation Values of the Property is avoided. If avoidance of damage is
not possible, the activities shall be conducted in such a way that the damage is minimized to
the extent possible.
VI. PROHIBITED USES & ACTIVITIES
A. General Prohibitions. Any activity or use of the Property that is not consistent with the
Purpose of this Easement is prohibited.
B. Prohibitions. Except to the extent reserved herein, the following activities and uses are
expressly prohibited within the Property:
1. Residential, commercial, and industrial development or uses.
2. The conveyance of the fee simple interest in less than all of the Property.
3. Any activity that causes or is likely to cause any significant pollution of any surface or
subsurface waters.
4. Any use of CZ A, CZ C, or CZ D for lawns or gardens.
5. Mining or extraction of mineral resources, oil, natural gas, soil, peat, rock, or gravel.
6. Surface or groundwater withdrawal.
C. Prohibitions With Special Exceptions. The following activities and uses are expressly
prohibited within the Property, except such activities: (a) conducted in accordance with an
approved management plan; (b) deemed necessary, by written agreement of the Grantor and
Grantee, to preserve, protect, restore, enhance, or maintain the Conservation Values of the
Property; (c) specifically identified as a permitted use in Section V paragraph B herein, or (d)
required for an emergency or compulsory action according to the provisions of Section V
paragraph E herein. Except where such uses or activities are already authorized under and
consistent with a management plan that has received the prior written approval by Grantee, the
following uses and activities shall be subject to notice and approval in accordance with Section
VII herein:
1. Placement or construction of any buildings, structures, or other improvements of any
kind, including, but not limited to, utility wires, pipelines, roads, decks, bridges, signs or
lights.
2. Grazing by livestock or kenneling, penning or other containment of animals.
3. Intentional introduction of nonnative species of plants and animals.
4. Damming, diking, dredging, filling, alteration or manipulation of watercourses, wetlands,
or ponds.
5. Dumping or storage of materials or wastes of any kind in any amount, including, but not
limited to, building materials, construction debris, yard waste, soil, gravel or rock.
6. Storage of motor vehicles, trailers, machinery, or equipment in CZ A, CZ C and CZ D,
provided that Grantor may temporarily store on CZ D such vehicles, machinery, or
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equipment as many be necessary for allowable timber harvest activities during the duration
of such activities.
7. Cutting, pruning, or removal of trees, shrubs, and other vegetation, or removal of large
woody debris from anywhere in the Property, including the creek bed.
8. Use of pesticides, herbicides, fertilizers, or other chemical treatment of soil, water,
animals, or vegetation.
VII. NOTICE & APPROVAL
A. Notice to Grantee. Grantor shall notify Grantee in writing and receive Grantee's advance
written approval prior to undertaking the permitted uses or activities described in Section VI
paragraph C herein. Notice and approval are required in order to afford Grantee an opportunity
to ensure that the use or activity in question is designed and carried out in a manner consistent
with the Purpose of the Easement. Where notice and approval is required herein, Grantor shall
notify Grantee in writing not less than thirty (30) days prior to the date Grantor intends to
undertake the use or activity in question. The notice shall 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 Purpose of
the Easement. To avoid unintentional adverse effect on the Conservation Values while
exercising reserved rights under Section V paragraph A herein, Grantor may request Grantee's
approval by providing notice as described in this paragraph.
B. Approval. Where Grantee's approval is required or recommended, such approval shall be
either granted or withheld within thirty (30) days of Grantor's written request. Approval may be
withheld only upon a reasonable determination by Grantee that the use or activity as proposed
would be inconsistent with the Purpose of this Easement. Grantee's approval may include
reasonable conditions which must be satisfied in undertaking the proposed use or activity.
C. Emergency Action. Prior to undertaking emergency action in accordance with Section V
paragraph E herein, Grantor is required to make a good faith attempt to notify Grantee orally or
in writing that such action is being initiated. Grantor may proceed with emergency action
without Grantee's approval only if Grantee cannot provide its approval within such time as is
reasonable under the circumstances.
D. Grantee's Failure to Approve Within the Required Time. Where Grantee's approval is
required, and if Grantee does not grant or withhold its approval in the time period and manner
set forth in paragraph B above, Grantor shall resubmit its notice. If Grantee fails to notify
Grantor within thirty (30) days of resubmission of the notice, the proposed action, use, or activity
shall be deemed approved. Grantor and Grantee agree that failure to grant or withhold approval
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.
E. Addresses for Notices. Except as noted in paragraph C above, any notice, demand, request,
consent, approval or communication that either Grantor or Grantee desires or is required to give
to the other must be in writing and be personally delivered, or sent by first class mail with
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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. The initial mailing address for each party is at the
beginning of this instrument.
VIII. DISPUTE RESOLUTION, VIOLATION, CORRECTIVE ACTION & REMEDIES
A. Dispute Resolution by Mutual Agreement, Mediation, or Arbitration. If a dispute arises
between Grantor and Grantee concerning the consistency of any proposed use or activity with
the Purpose of this Easement, Grantor and Grantee shall meet together to discuss the dispute
and attempt resolution. Thereafter, either party may refer the dispute to mediation or arbitration
by request made in writing upon the other. Within thirty (30) days of the receipt of such a
request, Grantor and Grantee shall select a single mediator or arbitrator to hear the matter. The
matter shall be settled in accordance with the Washington State mediation or arbitration statute
then in effect, and an arbitration award may be entered in any court having jurisdiction thereof.
1. If Grantee prevails in a dispute referred to mediation or arbitration, Grantee shall be
entitled, in addition to such other relief as may be granted, to a reasonable sum for all its
costs and expenses related to such mediation or arbitration, including, without limitation, the
fees and expenses of the mediator or arbitrator and attorney's and consultant's fees, which
shall be determined by the mediator or arbitrator or any court of competent jurisdiction that
may be called upon to enforce or review the award.
2. If the Grantor prevails in a dispute referred to mediation or arbitration, Grantor shall be
entitled, in addition to such other relief as may be granted, to a reasonable sum for all its
costs and expenses related to such mediation or arbitration, including, without limitation, the
fees and expenses of the mediator or arbitrator and attorney's and consultant's fees, which
shall be determined by the mediator or arbitrator or any court of competent jurisdiction that
may be called upon to enforce or review the award.
3. The "prevailing party" will be determined by the mediator or arbitrator or court of
competent jurisdiction that may be called upon to enforce or review the award based on the
overall outcome of the proceeding and taking into consideration the number and importance
of the issues presented and resolved.
4. Grantor and Grantee agree not to proceed with the use or activity pending resolution of
the dispute. If there is a dispute between Grantor and Grantee referred to mediation or
arbitration and there is a "prevailing party" as determined by the mediator, arbitrator or court
of competent jurisdiction, then that prevailing party shall be entitled to recover its costs and
expenses related to such mediation or arbitration, including, without limitation, the fees and
expenses of the mediator or arbitrator and attorney's and consultant's fees from the other
party to the dispute; provided, however, that no part of such costs or expenses may be
recovered from or by Jefferson County, regardless of whether Jefferson County is a party to
such dispute.
B. Notice of Violation, Corrective Action. If Grantee determines that Grantor, its agents,
employees, contractors, family members, invitees or licensees is in violation of the terms of this
Easement or that a violation is threatened, Grantee shall give written notice of the determination
to Grantor of such violation and shall demand corrective action sufficient to cure the violation.
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Where the violation involves injury to the Property resulting from any use or activity inconsistent
with the Purpose of this Easement, Grantee shall demand restoration of the portion of the
Property so injured to its prior condition in accordance with a plan approved by the Grantee.
C. Grantor's Failure to Respond. Grantee may bring an action as provided in paragraph D
below if Grantor fails to cure the violation within thirty (30) days after receipt of notice from
Grantee or, under circumstances in which the violation cannot reasonably be cured within a
thirty (30) day period, if Grantor fails to begin curing the violation within the thirty (30) day
period, or if Grantor fails to continue diligently to cure such violation until finally cured.
D. Grantee's Remedies. Grantee may pursue any one or more of the following remedies:
1. Grantee may enter the Property and unilaterally undertake steps to restore the Property
or the injured portion thereof, provided that Grantee must give reasonable written notice of
its intention to unilaterally cure the violation;
2. Grantee may bring an action at law or in equity in a court of competent jurisdiction to
enforce the terms of this Easement to enjoin the violation, ex parte as necessary, by
temporary or permanent injunction; and/or to require the restoration of the Property or the
injured portion thereof to the condition that existed prior to such injury.
3. Grantee shall be entitled to recover damages for violation of the terms of this Easement
or injury to any Conservation Values protected by this Easement, including, without
limitation, damages for the loss of Conservation Values. Without limiting Grantor's liability,
Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking
corrective or restoration action on the Property. All such actions for injunctive relief may be
taken without Grantee being required to post bond or provide other security.
E. Emergency Enforcement. If Grantee, in its sole discretion, determines that circumstances
require immediate action to prevent or mitigate significant damage to the Conservation Values
of the Property, Grantee may pursue its remedies under this Section without prior notice to
Grantor or without waiting for the period provided for cure to expire; provided, that Grantee shall
first make a reasonable attempt under the circumstances to give oral or written notice to Grantor
of the violation and proposed action. Jefferson County has no obligation to participate in or
assist with said Emergency Enforcement.
F. Scope of Relief. Grantee's rights under this Section apply equally in the event of either actual
or threatened violations of the terms of this Easement. Grantor 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 and 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 shall be cumulative and shall be in
addition to all remedies now or hereafter existing at law or in equity.
G. Costs of Enforcement. In any suit, action, or appeal therefrom to enforce this Easement or
any term or provision hereof, or to interpret this Easement, or to remedy other wrongs or
violations of law committed in connection with this Easement, the prevailing party shall be
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entitled to recover its costs incurred therein, including the costs of restoration and reasonable
attorneys' fees and costs, which shall include fees on appeal. In the event that a dispute is
resolved without initiating or completing a judicial proceeding, Grantor and Grantee shall bear
their own costs (other than the costs of any necessary restoration which shall be borne by
Grantor) unless otherwise agreed. The "prevailing party" will be determined by the court or
other tribunal based on the overall outcome of the suit or other proceeding and taking into
consideration the number and importance of the issues presented and resolved. This paragraph
does not apply to the municipal corporation that is Jefferson County.
H. Grantee's Forbearance. Forbearance by Grantee to exercise its rights under this Easement
in the event of any breach of any terms of this Easement by Grantor, or Grantee's agents,
employees, contractors, invitees, or licensees shall not be deemed or construed to be a waiver
by Grantee of any Grantee's rights under this Easement. No delay or omission by Grantee in
the exercise of any right or remedy upon any breach by Grantor shall impair such right or
remedy or be construed as a waiver.
I. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to
entitle Grantee to bring any action against Grantor 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
causes beyond Grantor's control, including, without limitation, natural disasters such as fire,
flood, storm, or earth movement, or for acts of trespassers or for any change resulting from any
prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate
significant injury to the Property resulting from such causes.
J. Estoppel Certificates. Upon request by Grantor, Grantee shall within thirty (30) days execute
and deliver to Grantor, or to any party designated by Grantor, any document, including an
estoppel certificate, that certifies, to the best of Grantee's knowledge, Grantor's compliance or
lack thereof with any obligation of Grantor contained in this Easement and otherwise evidences
the status of this Easement. Such certification shall be limited to the condition of the Property
as of Grantee's most recent inspection. If Grantor requests more current documentation,
Grantee shall conduct an inspection, at Grantor's expense, within thirty (30) days of receipt of
Grantor's written request.
IX. COSTS, LIABILITIES & INSURANCE, TAXES,
ENVIRONMENTAL COMPLIANCE & INDEMNIFICATION
A. Costs, Liabilities and Insurance. Grantor 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 any insurance coverage desired by Grantor. Grantee
retains all responsibilities and shall bear all costs and liabilities of any kind related to its activities
undertaken under the rights granted to it under this Easement, including the maintenance of
adequate liability insurance coverage. Grantor and Grantee release and relieve the other, and
waive their entire right to recover 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 Grantor or Grantee. Grantor and Grantee each remain
responsible for obtaining any permits required by any governmental authority and governmental
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approval for any construction or other activity or use permitted by this Easement and
undertaken by the party in question, 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. Grantor and Grantee shall prevent the perfection of any liens against the
Property that are not subordinate to this Easement arising out of any work performed for,
material furnished to, or obligations incurred by Grantor or Grantee, as the case may be.
B. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and 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 result of, this
Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. If
Grantor fails to pay any Taxes when due, Grantee is authorized, but in no event obligated, to
make or advance such payment of Taxes upon three (3) days prior written notice to Grantor, in
accordance with any bill, statement, or estimate procured from the appropriate competent
authority, without inquiry into the validity of the Taxes or the accuracy of the bill, statement, or
estimate, and the obligation created by such payment shall bear interest until paid by Grantor at
the maximum rate allowed under the laws of the State of Washington.
C. Representations and Warranties. Grantor represents and warrants that to the best of
Grantor's knowledge:
1. There are no apparent or latent defects in or on the Property.
2. Grantor and the Property are in compliance with all federal, state, and local laws,
regulations, and requirements applicable to the Property and its use.
3. There has been no release, dumping, burying, or abandonment on the Property, or
migration from off-site onto the Property, of any substances, materials, or wastes that are
hazardous, toxic, dangerous, harmful or are designated as, or contain components that are,
or are designated as, hazardous, toxic, dangerous, harmful, or that are subject to regulation
as hazardous, toxic, dangerous, or harmful by any federal, state, or local law, regulation,
statute, or ordinance.
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 the Property. No civil or
criminal proceedings have been instigated or are pending against the Grantor by
government agencies or third parties arising out of alleged violations of environmental laws,
and Grantor has not received any notices of violation, penalties, claims, demand letters, or
other notifications relating to a breach of environmental laws.
D. Remediation. If at any time there occurs, or has occurred, a release in, on, or about the
Property of any substance now or hereafter defined, listed, or otherwise classified, pursuant to
any federal, state, or local law, regulation, or requirement as, toxic or dangerous to the air,
water, or soil, or in any other way harmful or threatening to human health or the environment,
Grantor agrees to take all steps necessary under applicable law to assure its containment and
remediation, including any cleanup that may be required under applicable law, unless the
release was caused by Grantee, in which case Grantee shall be responsible for remediation.
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E. 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 control over
the day-to-day operations of the Property, or any of Grantor's activities on the Property, or
otherwise to become an "owner or operator" with respect to the Property, within the meaning of
the Comprehensive Environmental Response Compensation and Liability Act of 1980, as
amended (42 USC 9601 et seq.), and the Model Toxics Control Act (Chapter 70.105D RCW).
F. Hold Harmless Clause.
1. Grantor agrees to release and hold harmless, indemnify, and defend Grantee, and
Grantee's members, directors, officers, employees, agents, and contractors, as well as the
personal representatives, heirs, successors, and assigns of each of them (collectively the
"Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages,
expenses, causes of action, claims, demands, or judgments, including, without limitation,
reasonable attorney's and consultant's fees, arising from or in any way connected with:
a. Injury to or the death of any person, or physical damage to any property, resulting
from any act, omission, condition, or other matter related to or occurring on or about the
Property, regardless of cause, unless due solely to the negligence of any of the
Indemnified Parties; or
b. The obligations, covenants, representations and warranties specified in this Section.
2. Grantee agrees to release and hold harmless, indemnify, and defend Grantor, and
Grantor's heirs, personal representatives, contractors, successors and assigns, as well as
the personal representatives, heirs, successors, and assigns of each of them (collectively
the "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages,
expenses, causes of action, claims, demands, or judgments, including, without limitation,
reasonable attorney's and consultant's fees, arising from or in any way connected with injury
to or the death of any person, or physical damage to any property, resulting from any act,
omission, condition, or other matter related to or occurring on or about the Property that is a
consequence of Grantee's willful misconduct or negligent actions or omissions or the willful
misconduct or negligent actions or omissions of Grantee' members, directors, officers,
employees, agents or contractors on or about the Property to the extent such parties are
acting within the scope of their duties on behalf of Grantee.
X. EXTINGUISHMENT, VALUATION, PROCEEDS & SUBSEQUENT TRANSFER
A. Extinguishment. This Easement may be extinguished or terminated, whether in whole or in
part, only under one or more of the following circumstances:
1. Upon petition by one or all of the Parties, a court having jurisdiction over this Easement
determines by judicial proceedings that circumstances have rendered the Purpose of this
Easement impossible to achieve.
2. All or any of the Property is taken by exercise of the power of eminent domain or
acquired in lieu of condemnation, whether by public, corporate, or other authority. Grantor
and Grantee shall act jointly to recover the full value of the interest in the Property subject to
the taking or in lieu purchase, and all direct or incidental damages resulting from the taking
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or in lieu purchase. All expenses reasonably incurred by Grantor and Grantee in connection
with the taking or in lieu purchase shall be paid out of the amount recovered.
Grantor and Grantee agree that 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 State law at the time, in accordance with paragraph B
below.
B. Valuation. Grantor acknowledges that this Easement constitutes a real property interest
immediately vested in the Grantee, which for the purpose of paragraph A above, Grantor and
Grantee stipulate to have a fair market value determined by the difference between the fair
market value of the Property unencumbered by the Easement (without regard to any
improvements that may be present on the Property as of the date of valuation) and the fair
market value of the Property encumbered by the Easement (without regard to any
improvements that may be present on the Property as of the date of valuation).
Grantor agrees to commission such appraisal at such time as it may be necessary for the
purpose of paragraph A, with such adjustments or additional directions to the appraiser as may
be required to meet the conditions of any applicable grant agreements. For example:
1. If the extinguishment only affects all or a portion of Parcels 1-4, the fair market value of
the real property interest held by Grantee in Parcels 1-4 will be determined by the
difference, as of the date of extinguishment, between the fair market value of Parcels 1-4
unencumbered by the Easement (without regard to any improvements that may be
present on Parcels 1-4 as of the date of valuation) and the fair market value of Parcels
1-4 encumbered by the Easement (without regard to any improvements that may be
present on Parcels 1-4 as of the date of valuation);
2. If the extinguishment only affects all or a portion of Parcels 5-10, the fair market value of
the real property interest held by Grantee in Parcels 5-10 will be determined by the
difference, as of the date of extinguishment, between the fair market value of Parcels 5-
10 unencumbered by the Easement (without regard to any improvements that may be
present on Parcels 5-10 as of the date of valuation) and the fair market value of Parcels
5-10 encumbered by the Easement; (without regard to any improvements that may be
present on Parcels 5-10 as of the date of valuation);
3. If the extinguishment only affects all or a portion of Parcels 11-12, the fair market value
of the real property interest held by Grantee in Parcels 11-12 will be determined by the
difference, as of the date of extinguishment, between the fair market value of Parcels 11-
12 unencumbered by the Easement (without regard to any improvements that may be
present on Parcels 11-12 as of the date of valuation) and the fair market value of Parcels
11-12 encumbered by the Easement (without regard to any improvements that may be
present on Parcels 11-12 as of the date of valuation;
4. If the extinguishment only affects Parcel 13, the fair market value of the real property
interest held by Grantee in Parcel 13 will be determined by the difference, as of the date
of extinguishment, but with regard specifically to the afore -mentioned Grant Deed of
Restrictive Easement over Parcel 13 acquired through the Navy REPI program) between
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the fair market value of Parcels 13 unencumbered by the Easement (without regard to
any improvements that may be present on Parcels 13 as of the date of valuation) and
the fair market value of Parcels 13 encumbered by the Easement (without regard to any
improvements that may be present on Parcels 13 as of the date of valuation but with
regard specifically to the afore -mentioned Grant Deed of Restrictive Covenant over
Parcel 13 acquired through the Navy REPI program); and
5. If the extinguishment affects more than one of the groupings in Subsections X.B.1
through X.B.4 above, the fair market value of the real property interest held by Grantee
will be the cumulative value of the values determined as to all such groupings in the
manner provided for above.
C. Proceeds. Grantor and Grantee acknowledge and agree that Grantor shall be responsible
for any and all reimbursement payments to the funding agencies referenced in Sections I.B
through 15 above that may be due and owing under the requirements of the Grant Agreements,
the Jefferson County Conservation Futures property tax funding, and the Navy REPI program
funding as a result of the extinguishment of this Easement as to all or a portion of the Property;
provided that any such funding that was used for the acquisition of a portion of the 2009
Conservation Easement, a portion of the 2014 Conservation Easement, or this Easement shall
be first deducted from the value of the real property interest held by Grantee. Upon the sale,
exchange or involuntary conversion of that portion of the Property on which the Easement had
been extinguished, the Grantee shall be entitled to a portion of the proceeds equal to the fair
market value of its real property interest as determined under Subsection X.B.1 through X.B.5
above minus any portion deducted from the value of such interest for funding agency
reimbursement as provided for above.
D. Subsequent Transfers. Grantor agrees to:
1. Incorporate the terms of this Easement by reference in any deed or other legal
instrument by which it divests itself of any interest in all or a portion of the Property, including
without limitation, a leasehold interest.
2. Describe this Easement in and append it to any executory contract for the transfer of any
interest in the Property.
3. Give written notice to Grantee and to Jefferson County Department of Environmental
Health of the transfer of any interest in all or a portion of the Property no later than twenty-
one (21) 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 the prospective
transferee's representative.
The failure of Grantor to perform any act required by this paragraph shall not impair the validity
of this Easement or limit its enforceability in any way.
XI. EASEMENT AMENDMENT
If circumstances arise under which an amendment to or modification of this Easement would be
appropriate, Grantor 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
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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 Section 170(h) of the Internal Revenue Code of 1986, as amended (or any successor
provisions then applicable). Any such amendment shall be consistent with the original Purpose
of this Easement, shall not diminish the identified Conservation Values of the Property, and shall
not affect its perpetual duration. In addition, any such amendment shall be consistent with the
then applicable Conservation Easement Amendment policy of Grantee and approved as such
by the Board of Directors of Grantee. Upon its execution, any such amendment shall be
recorded in the official records of Jefferson County, Washington, and any other jurisdiction in
which such recording is required.
Grantor shall provide 30 days advance written notice to the Jefferson County Department of
Environmental Health as to amendments affecting Parcels 9, 10, 11 and 13.
XII. ASSIGNMENT & SUCCESSION
A. Assignment. This Easement is transferable, but Grantee may assign its rights and
obligations under this Easement only to an organization that is authorized to acquire and hold
conservation easements under RCW 64.04.130 or RCW 84.34.250 (or any successor
provisions then applicable), and is a qualified organization at the time of transfer under Section
170(h) of the Internal Revenue Code of 1986, as amended (or any successor provisions then
applicable). As a condition of such transfer, Grantee shall require that the transferee exercises
its rights under the assignment consistent with the Purpose of this Easement. Grantee shall
notify Grantor in writing, at Grantor's last known address, in advance of such assignment. The
failure of Grantee to give such notice shall not affect the validity of such assignment nor shall it
impair the validity of this Easement or limit its enforceability in any way.
B. Succession. If at any time it becomes impossible for Grantee to ensure compliance with the
covenants, terms, conditions and restrictions contained in this Easement and Grantee has not
named a successor organization, or Grantee ceases to exist or to be, then Grantee's rights and
obligations under this Easement shall become vested and fall upon one of the following named
entities to the extent that they shall accept this Easement, in the following order:
1. The Trust for Public Land.
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.
XIII. ACCESS BY THE PUBLIC & SIGNAGE
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No right of physical access to the Property by the general public is conveyed by this Easement.
Signs may be posted by Grantee or Grantor to indicate that the Property is privately owned, that
the public has no right of access to the Property, or that the Easement was acquired by means
of funding provided by the Washington Department of Ecology the U.S. Fish and Wildlife
Service, or Jefferson County, whichever is appropriate to the parcel.
XIV. GENERAL PROVISIONS
A. Recordation. Grantee shall record this instrument in a timely fashion 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.
B. Subordination. Any mortgage or lien arising after the date of this Easement shall be
subordinated to the terms of this Easement.
C. Controlling Law. The interpretation and performance of this Easement shall be governed by
the laws of the State of Washington.
D. Liberal Construction. Any general rule of 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 purpose of RCW 64.04.130 and Chapter 84.34.RCW. 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.
E. Severability. If any provision of this Easement, or its application to any person or
circumstance, is found to be invalid, 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, as the case may be, shall not be affected.
F. Entire Agreement. This instrument sets forth the entire agreement of Grantor and Grantee
with respect to the Property and supersedes all prior discussions, negotiations, understandings,
or agreements between Grantor and Grantee relating to this 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 XII herein.
G. No Forfeiture. Nothing contained in this Easement will result in a forfeiture or reversion of
Grantor's title in any respect.
H. Grantor, Grantee. The terms "Grantor" and "Grantee," wherever used in this Easement, and
any pronouns used in their place, shall be held to mean and include, respectively, the above-
named Grantor and such Grantor's successors in interest and assigns, and the above-named
Grantee and such Grantee's successors in interest and assigns.
I. Obligations Joint and Several. All obligations imposed upon Grantor by this instrument are
joint and several.
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J. Successors and Assigns. The covenants, terms, conditions, and restrictions of this Easement
shall be binding upon, and inure to the benefit of, the Parties and their respective personal
representatives, heirs, successors in interest, and assigns, and shall continue as a servitude
running in perpetuity with the Property.
K. Termination of Rights and Obligations. A party's rights and obligations under this Easement
terminate upon transfer of the party's interest in the Property, except that liability for acts or
omissions occurring prior to transfer shall survive transfer.
L. Third Party Beneficiary. Grantor and Grantee recognize that, as a funding source for the
purchase of the property that made the donation of an easement possible, the Washington
State Department of Ecology is a third party beneficiary of this Easement. Similarly, funds from
the Jefferson County Conservation Futures property tax assisted with the purchase of the
conservation easement with respect to Parcels 9, 10, ,11 and 13 as described and reflected in
the attached Exhibits. Grantor and Grantee hereby give Ecology the same rights to enforce the
terms of this easement as are given herein to Grantee, subject to prior coordination with
Grantee. As a third party beneficiary, and project funding agent, Ecology will receive an annual
report from the Grantee (during the Grantee's regular monitoring schedule) indicating the
conservation condition of the property. With respect to Parcels 9, 10, ,11, and 13, Grantor and
Grantee hereby give Jefferson County the same rights to enforce the terms of this Easement as
are given herein to Grantee, subject to prior coordination with Grantee. As a third party
beneficiary, and project funding agent, Jefferson County will receive an annual report from the
Grantee (during the Grantee's regular monitoring schedule) indicating the
conservation condition of the properties known as Parcels 9, 10, 11, and 13. Grantee hereby
agrees to obtain the consent of Jefferson County prior to the conveyance of any interest
acquired hereby in Parcels 9,10, 11, and 13.
M. Effective Date. The effective date of this Easement is the date of its recording in the official
records of Jefferson County, Washington ("Effective Date").
N. Counterparts. Grantor and Grantee may execute this instrument in two or more
counterparts, which shall 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.
XV. SCHEDULE OF EXHIBITS
Exhibit A: Legal Description of the Property
Exhibit B: Legal Description of the Conservation Zones
Exhibit C: Map of the Property and the Conservation Zones
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XVI. ACKNOWLEDGMENT
Grantor hereby acknowledges that Grantee and its successors and assigns have limited
resources for monitoring compliance with the terms of this Easement. In recognition of this fact,
and with full knowledge of the provisions of this Easement, Grantor hereby waives any technical
claim or defense it may have against an enforcement action under or pertaining to this
Easement undertaken by Grantee or its successors or assigns in interest based upon waiver,
laches, estoppel, or prescription except to the extent the claim or defense is based upon an
approval or deemed approval by Grantee pursuant to Section VII of this Easement. Except for
the foregoing, Grantor specifically reserves and retains any and all rights it has under the law as
an owner of the Property, including, without limitation, the right to bring claims against Grantee
or its successors or assigns for any breach by Grantee or its successors or assigns of the terms
of this Easement.
IN WITNESS HEREOF, the undersigned Grantor has executed this Amended and Restated
Grant Deed of Conservation Easement on this day of '2019.
NORTHWEST WATERSHED INSTITUTE, a Washington nonprofit corporation
By: Peter Bahls, Executive Director
Jefferson Land Trust does hereby accept this Amended and Restated Grant Deed of
Conservation Easement.
JEFFERSON LAND TRUST, a Washington nonprofit corporation
By: Sarah Spaeth, Director of Conservation and Strategic Partnerships
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STATE OF WASHINGTON )
) SS.
COUNTY OF JEFFERSON )
On this day of , 2019, before me personally appeared
Peter Bahls, to me known to be the Executive Director of NORTHWEST WATERSHED
INSTITUTE, a Washington nonprofit corporation, and he acknowledged the within and foregoing
instrument as the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to sign said instrument by
the Board of Directors of said corporation.
Notary signature
Notary name printed or typed
NOTARY PUBLIC, State of Washington
Residing at:
STATE OF WASHINGTON )
) SS.
COUNTY OF JEFFERSON )
On this day of , 2019, before me personally appeared
Sarah Spaeth, to me known to be the Director of Conservation and Strategic Partnerships of
JEFFERSON LAND TRUST, a Washington nonprofit corporation, and she acknowledged the
within and foregoing instrument as the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that she is authorized to sign said
instrument by the Board of Directors of said corporation.
Notary signature
Notary name printed or typed
NOTARY PUBLIC, State of Washington
Residing at:
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EXHIBIT A:
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL 1:
THE WEST 542 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M., IN THE COUNTY OF JEFFERSON AND
STATE OF WASHINGTON.
EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 28 DESCRIBED IN DEED TO JEFFERSON COUNTY FOR ROAD RECORDED APRIL
25, 1933 UNDER AUDITOR FILE NO. 69965;
FURTHER EXCEPT THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 28 DESCRIBED IN DEED TO JEFFERSON COUNTY FOR ROAD
RECORDED APRIL 25, 1933 UNDER AUDITOR FILE NO. 69966;
FURTHER EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 28 DESCRIBED IN DEED TO SIDNEY JONES RECORDED JANUARY
4, 1962 UNDER AUDITOR FILE NO. 170775 BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 28; THENCE NORTH ALONG THE WEST LINE THEREOF,
A DISTANCE OF 440 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH ALONG SAID WEST LINE, 208 FEET; THENCE EAST 208 FEET;
THENCE SOUTH 208 FEET; THENCE WEST 208 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 28
NORTH, RANGE 1 WEST, W.M., IN THE COUNTY OF JEFFERSON AND STATE OF WASHINGTON;
EXCEPT THAT PORTION DESCRIBED IN DEED TO JEFFERSON COUNTY FOR ROAD
RECORDED JULY 6, 1933 UNDER AUDITOR FILE NO. 70280.
PARCEL 3:
THAT PORTION OF THE NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 33,
TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M., IN THE COUNTY OF JEFFERSON AND STATE OF
WASHINGTON, LYING EASTERLY OF THE THREAD OF TARBOO CREEK; EXCEPTING
THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 33, FROM WHICH THE NORTH
QUARTER CORNER OF SAID SECTION 33 BEARS SOUTH 88'35'45" EAST, 2,876.04 FEET, AS
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PER SURVEY RECORDED IN VOLUME 7 OF SURVEYS AT PAGE 177 RECORDS OF JEFFERSON
COUNTY, WASHINGTON; THENCE SOUTH 56'54'42" EAST, 748.48 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 01' 32'45" WEST, 150 FEET, MORE OR LESS, TO THE THREAD OF TARBOO
CREEK;
THENCE WESTERLY AND SOUTHERLY ALONG THE THREAD OF TARBOO CREEK TO A POINT
BEARING SOUTH 68° 00'25" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 68°
00'25" EAST, 282 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
PARCEL 4:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29,
TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M., IN THE COUNTY OF JEFFERSON AND STATE OF
WASHINGTON, LYING EASTERLY OF DABOB ROAD.
PARCEL 5:
THE NORTHWEST % OF THE NORTHWEST'/4, EXCEPT THE WEST 542 FEET THEREOF, IN
SECTION 28, TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M;
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES AS CONVEYED BY
INSTRUMENT RECORDED OCTOBER 10, 2008 UNDER AUDITOR'S FILE NO. 537886.
SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON.
PARCEL 6:
THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 33,
TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M., JEFFERSON COUNTY WASHINGTON, LYING EAST
OF THE DABOB COUNTY ROAD,
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE QUILCENE FIRE DISTRICT 2 PARCEL AS
SHOWN ON BOOK 8 OF SURVEYS, PAGE 105, RECORDS OF JEFFERSON COUNTY,
WASHINGTON;
THENCE NORTH 84'47'50 " EAST, A DISTANCE OF 49.00 FEET TO THE NORTHEAST
CORNER OF SAID PARCEL BEING MARKED BY 5/8 -INCH REBAR WITH PLASTIC CAP
STAMPED "JOHNSTON 37531";
THENCE NORTH 77° 13'03 " EAST, A DISTANCE OF 95.00 FEET TO A SIMILAR REBAR WITH
PLASTIC CAP;
THENCE NORTH 00° 04'40 " EAST, A DISTANCE OF 100.00 FEET TO A SIMILAR REBAR AND
PLASTIC CAP;
THENCE NORTH 84'29'10 " WEST, A DISTANCE OF 105.18 FEET TO A SIMILAR REBAR AND
PLASTIC CAP;
THENCE SOUTH 89° 17'23 " WEST, A DISTANCE OF 57.91 TO A MAG NAIL WITH A 2 -INCH
ALUMINUM WASHER STAMPED "JOHNSTON 37531 ";
THENCE SOUTH 02'48'09 " EAST, A DISTANCE OF 96.62 FEET TO A CURVE, CONCAVE
EASTERLY AND HAVING A RADIUS OF 1910.01 FEET;
THENCE SOUTHERLY ALONG SAID CURVE AN ARC LENGTH OF 181.85 FEET THROUGH A
CENTRAL ANGLE OF 05'27'18 ";
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THENCE NORTH 81'44'33" EAST, A DISTANCE OF 14.00 FEET TO A SIMILAR REBAR AND
CAP MARKING A CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 1896.01 FEET
FROM WHICH A RADIAL LINE BEARS NORTH 81° 44'33" EAST;
THENCE NORTHERLY ALONG SAID CURVE AN ARC LENGTH OF 141.42 FEET THROUGH A
CENTRAL ANGLE OF 04° 16'25" TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION.
AND ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE QUILCENE FIRE DISTRICT 2 PARCEL AS
SHOWN ON BOOK 8 OF SURVEYS, PAGE 105, RECORDS OF JEFFERSON COUNTY,
WASHINGTON;
THENCE NORTH 84° 47'50 " EAST, A DISTANCE OF 49.00 FEET TO THE NORTHEAST
CORNER OF SAID PARCEL BEING MARKED BY A 5/8 -INCH REBAR WITH PLASTIC CAP
STAMPED "JOHNSTON 37531";
THENCE SOUTH 05° 15'45 " EAST, A DISTANCE OF 86.00 FEET THE SOUTHEAST CORNER
OF SAID PARCEL; THENCE SOUTH 15'06'23 " WEST, A DISTANCE OF 57.51 FEET TO A
SIMILAR REBAR AND CAP;
THENCE SOUTH 81'44'33 " WEST, A DISTANCE OF 26.90 FEET TO A SIMILAR REBAR AND
PLASTIC CAP MARKING THE BEGINNING OF A CURVE WHOSE RADIUS POINT BEARS
NORTH 81' 44'33 " EAST, A DISTANCE 1896.01 FEET;
THENCE NORTHERLY ALONG SAID CURVE AN ARC LENGTH OF 141.42 FEET THROUGH A
CENTRAL ANGLE OF 04° 16'25 " TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION.
BEARINGS AND DISTANCES ARE BASED ON THE WASHINGTON COORDINATE SYSTEM, NORTH
ZONE, NAD 83(91).
PARCEL 7:
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M.,
JEFFERSON COUNTY, WASHINGTON.
PARCEL 8:
THE SOUTH 'h OF THE NORTHEAST % OF THE SOUTHEAST'/4 OF THE SOUTHWEST % IN
SECTION 28, TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M., JEFFERSON COUNTY, WASHINGTON.
PARCEL 9:
THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 28, TOWNSHIP 28 NORTH, RANGE 1 WEST W.M., JEFFERSON COUNTY, WASHINGTON.
PARCEL 10:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M.,
JEFFERSON COUNTY, WASHINGTON.
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PARCEL 11:
THE SOUTHEAST '/4 OF THE SOUTHEAST '/4, SECTION 29; AND THE NORTHEAST % OF THE
NORTHEAST '/, SECTION 32; EXCEPTING THEREFROM OLD TARBOO ROAD AND DABOB ROAD;
ALSO EXCEPTING THEREFORM THAT SLIVER OF LAND WITHIN THE SOUTHEAST % OF THE
SOUTHEAST 1/4, SECTION 29, LYING AND BEING TO THE SOUTH AND EAST OF OLD TARBOO ROAD
(ALSO KNOWN AS JONES ROAD) AS IT CURRENTLY EXISTS; ALL IN TOWNSHIP 28 NORTH, RANGE 1
WEST, W.M., JEFFERSON COUNTY, WASHINGTON.
PARCEL 12:
THE NORTHWEST/40F THE NORTHWEST/40F SECTION 33 IN TOWNSHIP 28 NORTH, RANGE 1
WEST OF THE WILLAMETTE MERIDIAN, LYING WEST OF THE ROAD, JEFFERSON COUTY,
WASHINGTON.
PARCEL 13:
PARCEL A:
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 IN SECTION 32, TOWNSHIP 28
NORTH, RANGE 1 WEST, W.M., EXCEPT THE SOUTH 500 FEET THEREOF.
PARCEL B:
THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 IN SECTION
32, TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M., EXCEPT THE SOUTH 830 FEET THEREOF.
PARCEL C:
THE WEST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 AND THAT
PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 LYING EAST OF THE HIGHWAY;
EXCEPT THE SOUTH 830 FEET THEREOF;
IN SECTION 32, TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M., JEFFERSON COUNTY,
WASHINGTON.
ALL SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON.
END EXHIBIT A
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EXHIBIT B:
LEGAL DESCRIPTION OF THE CONSERVATION ZONES
CONSERVATION ZONE A ("CZ A")
PARCELS 1 AND 2, AS DESCRIBED IN THE FOREGOING EXHIBITA: LEGAL DESCRIPTION OF THE
PROPERTY; EXCEPTING THEREFROM THOSE PORTIONS THEREOF DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 29, TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M., IN THE COUNTY OF
JEFFERSON AND STATE OF WASHINGTON, LYING WESTERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M.,
FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 29 BEARS SOUTH 00°15'10"
WEST, A DISTANCE OF 2628.72 FEET, THENCE NORTH 87°50'18" WEST, ALONG THE
NORTH LINE THEREOF, A DISTANCE OF 44.95 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00°52'37' WEST, A DISTANCE OF 28.81 FEET TO THE CENTER OF A 1 -
FOOT DIAMETER CREOSOTE POST MARKING THE NORTHEAST CORNER OF A BARBED
WIRE FENCE;
THENCE CONTINUING SOUTHERLY ALONG SAID FENCE THE FOLLOWING COURSES:
SOUTH 00°52'37" WEST, A DISTANCE OF 181.11 FEET;
SOUTH 02°30'47" EAST, A DISTANCE OF 17.94 FEET;
SOUTH 04°10'37" WEST, A DISTANCE OF 8.51 FEET;
SOUTH 02°16'58" EAST, A DISTANCE OF 86.44 FEET TO A 2 -INCH BRASS CAP IN
CONCRETE STAMPED "2005 CE PLS 37531";
THENCE DEPARTING FROM SAID FENCE NORTH 83°41'43" EAST, A DISTANCE OF 22.88
FEET TO A SIMILAR BRASS CAP IN CONCRETE;
THENCE SOUTH 09°26'02" EAST, A DISTANCE OF 62.53 FEET TO A SIMILAR BRASS CAP IN
CONCRETE;
THENCE SOUTH 07°51'07" EAST, A DISTANCE OF 341.28 FEET TO A SIMILAR BRASS CAP IN
CONCRETE;
THENCE SOUTH 45°18'54" WEST, A DISTANCE OF 285.25 FEET TO A SIMILAR BRASS CAP
IN CONCRETE;
THENCE SOUTH 11'59'23" EAST, A DISTANCE OF 229.58 FEET TO A SIMILAR BRASS CAP IN
CONCRETE;
THENCE SOUTH 31'49'01 " WEST, A DISTANCE OF 83.64 FEET TO A SIMILAR BRASS CAP IN
CONCRETE;
THENCE SOUTH 01°52'54" WEST, A DISTANCE OF 94.63 FEET TO THE SOUTH LINE OF SAID
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE TERMINUS OF THIS
DESCRIPTION.
SAID TERMINAL POINT BEARS, NORTH 88°07'06" WEST, A DISTANCE OF 161.52 FEET
FROM THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER.
EXCEPT THAT PORTION DESCRIBED IN DEED TO JEFFERSON COUNTY FOR ROAD
RECORDED JULY 6, 1933 UNDER AUDITOR FILE NO. 70280.
CONSERVATION EASEMENT
Northwest Watershed Institute I Jefferson Land Trust
Page 29
AND
ALL OF PARCEL 3, AS DESCRIBED IN SAID EXHIBITA;
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PARCEL 6, AS DESCRIBED IN SAID EXHIBITA, EXCEPTING THEREFROM THAT PORTION
THEREOF DESCRIBED AS FOLLOWS:
THE EAST HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 33,
TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M., JEFFERSON COUNTY WASHINGTON.
CONSERVATION ZONE B ("CZ B")
ALL OF PARCEL 4, AS DESCRIBED IN THE FOREGOING EXHIBITA: LEGAL DESCRIPTION OF THE
PROPERTY;
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THOSE PORTIONS OF PARCEL 1 AND 2, AS DESCRIBED IN SAID EXHIBITA, DESCRIBED AS
FOLLOWS:
THOSE PORTIONS OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 29, TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M., IN THE COUNTY OF
JEFFERSON AND STATE OF WASHINGTON, LYING WESTERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M.,
FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 29 BEARS SOUTH 00°15110"
WEST, A DISTANCE OF 2628.72 FEET, THENCE NORTH 87°50'18" WEST, ALONG THE
NORTH LINE THEREOF, A DISTANCE OF 44.95 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00°52'37' WEST, A DISTANCE OF 28.81 FEET TO THE CENTER OF A 1 -
FOOT DIAMETER CREOSOTE POST MARKING THE NORTHEAST CORNER OF A BARBED
WIRE FENCE;
THENCE CONTINUING SOUTHERLY ALONG SAID FENCE THE FOLLOWING COURSES:
SOUTH 00°52'37" WEST, A DISTANCE OF 181.11 FEET;
SOUTH 02°30'47" EAST, A DISTANCE OF 17.94 FEET;
SOUTH 04°10'37" WEST, A DISTANCE OF 8.51 FEET;
SOUTH 02°16'58" EAST, A DISTANCE OF 86.44 FEET TO A 2 -INCH BRASS CAP IN
CONCRETE STAMPED "2005 CE PLS 37531";
THENCE DEPARTING FROM SAID FENCE NORTH 83°41'43" EAST, A DISTANCE OF 22.88
FEET TO A SIMILAR BRASS CAP IN CONCRETE;
THENCE SOUTH 09°26'02" EAST, A DISTANCE OF 62.53 FEET TO A SIMILAR BRASS CAP IN
CONCRETE;
CONSERVATION EASEMENT
Northwest Watershed Institute I Jefferson Land Trust
Page 30
THENCE SOUTH 07°51'07" EAST, A DISTANCE OF 341.28 FEET TO A SIMILAR BRASS CAP IN
CONCRETE;
THENCE SOUTH 45°18'54" WEST, A DISTANCE OF 285.25 FEET TO A SIMILAR BRASS CAP
IN CONCRETE;
THENCE SOUTH 11'59'23" EAST, A DISTANCE OF 229.58 FEET TO A SIMILAR BRASS CAP IN
CONCRETE;
THENCE SOUTH 31'49'01 " WEST, A DISTANCE OF 83.64 FEET TO A SIMILAR BRASS CAP IN
CONCRETE;
THENCE SOUTH 01°52'54" WEST, A DISTANCE OF 94.63 FEET TO THE SOUTH LINE OF SAID
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE TERMINUS OF THIS
DESCRIPTION.
SAID TERMINAL POINT BEARS, NORTH 88°07'06" WEST, A DISTANCE OF 161.52 FEET
FROM THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER.
EXCEPT THAT PORTION DESCRIBED IN DEED TO JEFFERSON COUNTY FOR ROAD
RECORDED JULY 6, 1933 UNDER AUDITOR FILE NO. 70280.
CONSERVATION ZONE C ("CZ C")
ALL OF PARCEL 5 AND ALL OF PARCELS 7 THROUGH 10, INCLUSIVE, AS DESCRIBED IN THE
FOREGOING EXHIBIT A: LEGAL DESCRIPTION OF THE PROPERTY;
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THAT PORTION OF PARCEL 6, AS DESCRIBED IN SAID EXHIBIT A, DESCRIBED AS FOLLOWS:
THE EAST HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 33,
TOWNSHIP 28 NORTH, RANGE 1 WEST, W.M., JEFFERSON COUNTY WASHINGTON.
CONSERVATION ZONED ("CZ D")
ALL OF PARCELS 11, THROUGH 13 INCLUSIVE, AS DESCRIBED IN THE FOREGOING EXHIBITA:
LEGAL DESCRIPTION OF THE PROPERTY.
END EXHIBIT B
CONSERVATION EASEMENT
Northwest Watershed Institute I Jefferson Land Trust
Page 31
EXHIBIT C:
MAP OF THE PROPERTY & THE CONSERVATION ZONES
CONSERVATION EASEMENT
Northwest Watershed Institute / Jefferson Land Trust
Page 32
.... Wildlife
Preserve
Conserv..
ZonesTWP
Zone
CZA
CZ B
.-
////
•-- - ��
111111CZ D
Private ...
County road
wl�nw■re1
�Gli511-35mol-r-iim
State road
Northwest
shed Institute
�
I es
01I,
CONSERVATION EASEMENT
Northwest Watershed Institute / Jefferson Land Trust
Page 32
END EXHIBIT C
CONSERVATION EASEMENT
Northwest Watershed Institute / Jefferson Land Trust
Page 33
I
STATE OF WASHINGTON
County of Jefferson
Dedication of Conservation Futures Funds to the }
Tarboo Forest Addition project as Authorized by }
An in Accordance with Jefferson County Code } RESOLUTION NO. 45-19
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 2019 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 three parcels of land in Sec. 32 T. 28N, R. 1 W with Assessor's Parcel
Numbers 801321012, 801321013 and 801321015; and
WHEREAS, the County retains enough developable land to accommodate the Tarboo
Forest Addition 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:
1. Jefferson County hereby dedicates up to $110,000 in conservation futures funds in the
2019 funding cycle for acquisition expenses contingent on a matching contribution of at
least fifty-eight percent (58%) of the total project cost.
Resolution No. 4 5 -19 re: Dedication of Conservation Futures Funds to the Tarboo Forest Addition
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 ANDi4DOPTED this day of , 2019 in Port Townsend, Washington.
SEAL: J JEFFERSON COUNTY
�' ' BOARD OF COMMISSIONERS
(excused abse ce)
Kate Dean heir
A EST:
David ember
Erin Lundgren
Clerk of the Board Gre in
Page 2 of 2
i
STATE OF WASHINGTON
County of Jefferson
Dedication of Conservation Futures Funds to the }
Snow Creek Middle Reach Forest Protection project}
as Authorized by and in Accordance with Jefferson } RESOLUTION NO. 46_ 18
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 2018 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 fee acquisition of
four parcels of land in Sec. 2, T. 28N, R. 2W with Assessor's Parcel Numbers 946200001, 946200003,
946200006 and 802024005; and
WHEREAS, the County retains enough developable land to accommodate the 2018
Snow Creek Middle Reach Forest Protection 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 $25,385 in conservation futures funds in the
2018 funding cycle for acquisition expenses contingent on a matching contribution of at
least eighty-three percent (83%) of the total project cost.
Resolution No. ��_,� re: Dedication of Conservation Futures Funds to the Snow Creek Middle
Reach Forest Protection project
3. 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.
APPR 0 fig, 1YP vJ-IDOPTED
SEAL:
• m
.r
R
ATTEST:
Carolyn allaway
Deputy Clerk of the Board
this /—day of a-7UR!�r , 2018 in Port Townsend, Washington.
JEFFERSON COUNTY
BOARD OMOMMISSIONERS
Da
Kate Dean, Member
4��"aw 9�
Kathleen Kler, Member
Upon recordation return to:
Jefferson Land Trust
1033 Lawrence Street
Port Townsend, WA 98368
STATUTORY WARRANTY DEED
Grantor: Lawrence D. Taylor and Cindy L Taylor
Grantee: Jefferson Land Trust, a Washington nonprofit corporation
Assessor's Tax Parcel No: 946 200 001, 946 200 002, 946 200 003, 946 200 004, 946 200 006,
802 024 005
The Grantors, Lawrence D. Taylor and Cindy L Taylor, husband and wife, for valuable
consideration, conveys and warrants to the Jefferson Land Trust ("Grantee"), all of Grantor's
right, title, and interest in and to the following described real estate situated in the County of
Jefferson, State of Washington:
All of Crocker Lake Subdivision, as per plat recorded in Volume 2 of Plats, on page 149 and in
Volume 3 of Plats on page 17, both records of Jefferson County, Washington; EXCEPTING
therefrom Lot 7 of said subdivision;
ALSO, that portion of the Northeast'/4 of the Southeast'/4 of Section 2, Township 28 North,
Range 2 West, W.M., described as follows, to -wit:
BEGINNING at the'/4 corner between Sections 1 and 2 in said township and range;
Thence South 89' 11' West to the Westerly boundary of the right-of-way of the Olympic
Highway being the TRUE POINT OF BEGINNING;
Thence continuing South 89' 11' West to the North and South forty line;
Thence North 02° 53' West to the Northwest corner of the Northeast '% of the Southeast Y4 of
said section 2;
Thence along the forty line in an Easterly direction to an intersection with the Westerly boundary
of the right-of-way of said Olympic Highway;
Thence along said Westerly boundary in a Southwesterly direction to the TRUE POINT OF
BEGINNING; being designated on the County Assessor's Plat and description book as Tax No.
2 in said Section 2;
Situate in the County of Jefferson, State of Washington.
In order to permanently protect fragile ecosystems and to extend an existing wildlife habitat
corridor known as the Snow Creek Middle Reach Forest Preserve, the Grantors and the
Grantee herein covenant and agree that the real property that is the subject of this Deed shall
be maintained, retained and conserved in perpetuity in its natural state by the Grantee, its
successors and assigns. This covenant is deemed to touch upon and run with the land in strict
conformance with RCW 84.34.230. T The land was acquired in part with Jefferson County
Conservation Futures funds and shall not shall not be converted to a different use unless and
only if other equivalent lands within the Jefferson County (the County) are received by the
County in exchange.
The foregoing covenant does not apply to the following:
Trails;
Large woody debris treatment and floodplain reconnection,-
Planting
econnection;Planting of any vegetation or trees that are native to the Pacific Northwest,-
Removal
orthwest,Removal of species that are not native to the Pacific Northwest,-
Removal
orthwest,Removal of any dead, diseased, or dangerous trees that constitute a hazard to life or property.
EXECUTED this day of 12019
Lawrence D. Taylor Cindy L. Taylor
STATE OF WASHINGTON )
COUNTY OF JEFFERSON ) SS:
On this day day of , 2019, before me personally
appeared before me Lawrence D. Taylor and Cindy L Taylor, to me known to be the
individual described in and who executed the within and foregoing instrument, and
acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the
uses and purposes therein mentioned.
Notary signature
Notary name printed or typed
NOTARY PUBLIC, State of Washington
Residing at: