HomeMy WebLinkAbout102119_ca04 615 Sheridan Street
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Port Townsend, WA 98368
Ade ason www.JeffersonCountyPublicHealth.org
Consent Agenda
Public Healt September 23, 2019
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 — Project Agreement Conservation Futures Fund
Acquisition project Tarboo Forest Addition; Jefferson Land Trust,
Sponsor; April 1, 2019 — August 19, 2022; $110,000
STATEMENT OF ISSUE:
Jefferson County Public Health, Environmental Public Health, requests Board approval of the Project
Agreement between JCPH and Jefferson Land Trust, Conservation Futures Fund Conservation Easement for
Tarboo Forest Addition; April 1, 2019 —August 19, 2022; $110,000 Conservation Futures Fund Grant and
$150,000 Project Sponsor, Jefferson Land Trust, for a total project cost of$260,000.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
This Project Agreement contracts Jefferson County Public Health to administer a Conservation Futures Fund
grant received in response to a proposal, by sponsor Jefferson Land Trust, 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. The additional cost of the easement purchase is met by Jefferson
Land Trust. The Conservation Future Fund's expenditure is limited to $110,000 and may not exceed 42% of
the total project cost. Acquisition of the Tarboo Forest Addition promotes Conservation Futures Program
efforts to preserve important open space lands that provide a variety of habitat for flora and fauna.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The Project Agreement is fully funded by the Jefferson County Conservation Futures Fund grant.
RECOMMENDATION:
JCPH management request approval of the Professional Agreement with Jefferson Land Trust for
Conservation Futures Fund, Tarboo Forest Addition Acquisition; April 1, 2019 —August 19, 2022; $110,000.
R -WED BY:
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Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
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 C).
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 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.
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.
1 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.
Acquisition 0&M Totals % Match
Tarboo Forest Addition—
Conservation Futures $110,000 $0 $110,000 42%
Project Sponsor Contribution o
$150,000 $0 $150,000 58/0
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:
2 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);
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.
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.
3 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.
0. 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:
5 2019 Tarboo Forest Addition
Sponsor Contact Conservation Futures Program Contact
Sarah Spaeth,Director of Conservation Jefferson County Environmental
Jefferson Land Trust Public Health—Conservation Futures
1033 Lawrence St. 615 Sheridan Street
Port Townsend, WA 98368 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 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 2019.
By
Kate Dean,Chair
Jefferson Board of County Commissioners
By
Jefferson Land Trust
Approved as to form only:
U' C isa — Date: 10/49X,
Philip C. Hunsucker,Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
6 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
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 }r RESOLUTION NO. 4 5-1 9
Section 3.08.030(7) to Provide a System of Public 1
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. 1W 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. 45-1 9 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.
.6.,
APPROVED ANIJAPOPTED thisJ9 day of 1 , , 2019 in Port Townsend, Washington.
I
66,,,,,,
SEAL: 1 -',, JEFFERSON COUNTY
. • ' . , BOARD OF COMMISSIONERS
I ' ,
(excused abspce)
Kate Dean,,Chair/1
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David— ' :-4 ember
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Erin Lundgren , ilgok itv,2111111110
Clerk of the Board (Ire: :Or -reF,11"Pinber
Page 2 of 2
APPENDIX C
Conservation Futures Project Application for the Tarboo Forest Addition Project
2019 Tarboo Forest Addition
2019 Jefferson County Conservation Futures Program
Property Acquisition and/or
Operations and Maintenance Project Application
Please complete the following application in its entirety. Be sure to answer"N/A"for questions that don't apply
to the project. Incomplete applications will not be accepted for consideration.
Unless directed otherwise, use as much space as needed to answer each question.
Contact program staff at 379-4498 or tpakorny(a co.lefferson.wa.us with questions.
Background n Eligibility Information
1. Project Title: Tarboo Forest Addition
2. Conservation Futures Acquisition Request: $110,000
Conservation Futures O&M Request: $0
3. Total Conservation Futures Request: $110,000
4. Please indicate the type of interest contemplated in the acquisition process.
Warranty Deed X Easement Other(Please describe below.)
In whose name will the property title be held after acquisition?
Conservation easement title held by Jefferson Land Trust, fee simple ttit
5. Applicant Information
Name of Applicant or Organization: Northwest Watershed Institute
Contact: Peter Bahls
Title: Executive Director/Conservation Biologist
Address: 3407 Eddy Street, Port Townsend, WA 98368
Phone: (360) 385-6786, ext. Fax: (360) 385-2839, ext.
Email: peter@nwwatershed.org
6. Sponsor Information: (f different than applicant)
Organization Name: Jefferson Land Trust
Contact: Sarah Spaeth
Title: Director, Conservation and Strategic Partnerships
Address:1033 Lawrence Street, Port Townsend, WA 98368
Phone: (360) 379-9501, ext. 101. Fax: ( ) - , ext.
Email:sspaeth@saveland.org
This application was approved by the sponsor's legally responsible body(e.g., board, council, etc.) on
February 19, 2019.
1
2019 CF Program Application FINAL
http://www.cojefferson.wa.us/560/Conservation-Futures-Program
7. Site Location
Street Address or Description of Location: Access driveway parking area to project off east side of Center
Road just south of farm property with white hangar at 10035 Center Road.
Driving Directions from Port Townsend: Turn right at the Chimacum 4-way stop onto Center Road,
proceed south under Hwy 104 and continue on Center Road to driveway on left just past 10035
Center Road farm property.
Section: 32. Township: 28 N Range: 1 W
Assessor's Parcel Number(s): 801-321-012, 801-321-013, and 801-321-015
Please differentiate current and proposed ownership of each APN and indicate if the parcel is to be acquired with
CF funds or used as match. All three parcels were purchased by Northwest Watershed Institute in
November 2018.
Please list the assessed values for each property or APN, as applicable.
801-321-012 (12.66 ac) -$76,675, 801-321-013 (3.77 ac) -$33,610, 801-321-015 (4.37 ac)-$36,910
8. Existing Conditions
New Site: Yes No Number of Parcels: 3
Addition to Existing Site: Yes No Acres to Be Acquired: 21
Total Project Acreage(if different): Current Zoning: 1 per 20
Existing Structures/Facilities: No
Any current covenants, easements or restrictions on land use: No
Current Use: Silviculture, 3 potential developable lots
Waterfront (name of body of water): NA
Shoreline(linear feet): NA
Owner Tidelands/Shorelands: NA
9. Current Property Owner X is _is not a willing seller.
Project Description
10. In 1,000 words or less, provide a summary description of the project,the match, overarching goal, and three
top objectives. Include information about the physical characteristics of the site that is proposed for acquisition
with Conservation Futures Program funds including: vegetation, topography, surrounding land use, and
relationship to parks, trails, and open space. Describe the use planned for the site, any development plans after
acquisition(including passive development), characteristics of the site which demonstrate that it is well-suited to
the proposed use, and plans for any structures currently on the site. If applicable, describe how the site relates to
the larger project, and whether the project has a plan, schedule and funding dedicated to its completion. Please
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2019 CF Program Application FINAL
http://www.cojefferson.wa.us/560/Conservation-Futures-Pro_gram
also list any important milestones for the project or critical dates, e.g. grant deadlines. List the dates and explain
their importance. Please attach a spreadsheet of the budget.
Background, goals, and objectives
Since 2002, Northwest Watershed Institute,Jefferson Land Trust, and over 40 partnering
organizations have been working on a landscape scale project to protect and restore the Tarboo-
Dabob Bay watershed,with over 3,800 acres conserved to date.The three main objectives of the
conservation effort are to: 1) protect and restore the stream and wetland corridor,from the
headwaters of Tarboo Creek to Dabob Bay, 2) conserve uplands for sustainable forestry, 3) preserve
lands within the Dabob Bay Natural Area.
The proposed project will permanently protect a key 21-acre forest addition to Northwest
Watershed Institute's 400-acre Tarboo Wildlife Preserve(the Preserve).This property was listed for
sale in November of 2018 and could have been clearcut and developed as three parcels. NWI
purchased the property and is now seeking funds to repay conservation lenders and permanently
protect the property.
The existing Jefferson Land Trust conservation easement covering the Tarboo Wildlife Preserve will
be amended and restated to add this new property.The new forest property will be managed with
the adjoining Tarboo Forest portion of the Preserve to conserve high quality, biologically diverse
older forest, allow selective forestry, and restore old growth habitat characteristics.
Forest management of the 21-acre addition will be similar to the management of the Tarboo Forest
conserved in 2014 with support from Jefferson County Conservation Futures Program. Under the
conservation easement,the standing timber volume will be protected as a baseline (as determined
by a 2019 timber cruise recently completed for the appraisal).Timber harvest is restricted to less
than 75%of annual growth above the baseline volume.These rigorous conditions in the CE will
ensure that the forest continues to grow in volume and habitat value while allowing selective
harvest.
The Tarboo Wildlife Preserve includes 196 acres of forestland that is Forest Stewardship Council
(FSC) certified, including the Tarboo Forest and proposed addition. The 2014 FSC certified forest
management plan for the property will be amended to include this property.
Description of the lands
The 21 acres adjoins the Tarboo Forest portion of the Tarboo Wildlife Preserve and represents some
of the last unprotected older forest in private ownership remaining in the watershed.The property
include an intact, biologically diverse, naturally regenerated forest ecosystem with a diversity of
trees, including Douglas fir,western red cedar, alder and big leave maple.A seasonal, headwater
tributary to Tarboo Creek runs through the property.The property was lightly logged about ten years
ago and several logging roads access the property.
The proposed property completes a critical wildlife corridor connecting the Tarboo valley with the
upland and protects water quality for Tarboo Creek and the Preserve.
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2019 CF Program Application FINAL
http://www.cojefferson.wa.us/560/Conservation-Futures-Program
Proposed uses
The 21 acre addition will be managed with the Tarboo Forest as regional education and
demonstration forests to illustrate innovative forestry methods that restore older forest habitat
characteristics and provide high quality forest products, including secondary forest products.The
forests will be used, at owner's discretion, for public workshops, field tours and other events to
foster a greater understanding and use of sustainable forestry methods and restoration of forest
habitats.A walking trail system for supervised public school and other tours is planned that links up
the Tarboo Wildlife Preserve with these forest conservation lands.
Critical dates
NWI must repay its lenders by March of 2020 or be forced to put the property up for sale to repay
$220,000 in loans from private lenders.With a funding commitment from Jefferson County as
proposed,the project has secured matching funds committed by the Navy's REPI program(on their
2019 list of projects).An MAI appraisal has been completed to provide firm values with the final
appraisal report due in April, 2019.
Budget
Item Timeline Est. cost
Conservation easement acquisition Dec-19 215,000
Land acquisition related costs, i.e. appraisal, survey, Baseline
document, Stewardship Plan, closing costs Mar-2019-Dec-2019 32,500
Project management and administration Mar-2019-Dec-2019 12,500
Total 260,000
Note—Budget includes request for JCCC reimbursement for appraisal conducted in March-April of 2019.
11. Estimate costs below, including the estimated or appraised value of the propert(ies)or property right(s)to be
acquired, even if Conservation Futures funds will only cover a portion of the total project cost. In the case of
projects involving multiple acquisitions, please break out appraisals and estimated acquisition costs by parcel.
Estimated or Appraised Value of Propert(ies)to be Acquired: $215,000
Total Estimated Acquisition-related Cost (see Conservation Futures Manual for eligible costs): $45,000
Total Operation and Maintenance Cost: $0
Total Project Cost: $260,000
Basis for Estimates(include information about how the property value(s)was determined, anticipated acquisition-
related costs, general description of operation and maintenance work to be performed, task list with itemized
budget, and anticipated schedule for completion of work): Firm appraised value of property(including
timber value), conservation easement, and navy restrictive easement provided by MAI appraiser
Shapiro and Associates on March 18, 2019.
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Scored
1 a. Sponsor or other organizations X will will not contribute to acquisition of proposed site and/or operation
and maintenance activities.
1 b. If applicable,please describe below how contributions from groups or agencies will reduce the need to use
Conservation Futures program funds.
1 c. Matching Fund Estimate Acquisition O&M
Conservation Futures Funds Requested $110,000 $0 42%
Matching Funds/Resources* $150,000 $0 58%
Total Project Acquisition Cost $260,000 $0 100%
*If a prior acquisition is being proposed as match,please describe and provide documentation of value, location,
date of acquisition and other information that would directly link the match to the property being considered for
acquisition.
1 d. Source of matching Amount of Contribution If not, Contribution If not,
funds/resources contribution approved? when? available now? when?
Navy REPI funding. $150,000. Yes No Yes No. Dec 2019
$ Yes No Yes No
$ Yes No Yes No
$ Yes No Yes No
NOTE: Matching funds are strongly recommended and a higher rating will be assigned to those projects that
guarantee additional resources for acquisition. Donation of property or a property right will be considered as
a matching resource. Donation of resources for on-going maintenance or stewardship ("in-kind"
contributions) are not eligible as a match.
2 a. Sponsoring agency X is is not prepared to provide long-term stewardship(easement monitoring,
maintenance, up-keep, etc.)for the proposed project site.
2 b. Describe any existing programs or future plans for stewardship of the property, including the nature and
extent of the commitment of resources to carry out the stewardship plan.
Jefferson Land Trust will conduct stewardship and monitoring of the conservation easement terms,
including at least annual monitoring of the property by professional staff and trained volunteers,
extensive data collection and management, help with stewardship, enhancement and restoration
goals and legal defense of the conservation easements should it become necessary.Jefferson Land
Trust has a legal defense fund of over$700,000, and continues to build this fund with each
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new easement acquisition, recognizing the legal obligation and responsibility of protecting
conservation values in perpetuity. In addition,Jefferson Land Trust carries legal defense
insurance for conservation easements through a program called Terrafirma, developed
through the national Land Trust Alliance (the national umbrella organization for land trusts).
This program covers up to$500,000 in legal enforcement costs per conservation easement that
Jefferson Land Trust holds and stewards.
The property is newly FSC certified and FSC will conduct independent third party annual verification
of forest management activities and consistency with FSC Forest Management Plan.
NWI will continue to steward this property and conduct restoration and invasive species control as
needed aspart of Tarboo Wildlife Preserve.
3 a. Describe the sponsoring agency's previous or on-going stewardship experience.
In addition to the above answer,Jefferson Land Trust was founded in 1999 and is a nonprofit
conservation organization dedicated to preserving the rural character and iconic landscapes of the
Olympic Peninsula in Washington State. With a mission of"helping the community preserve open
space,working lands, and habitat forever",the land trust is actively engaged in preserving a
sustainable environment where the needs of human communities and the natural world are in
balance, and actively steward more than 17,000 acres of our region's most important places. The
Jefferson Land Trust is are accredited by the national Land Trust Alliance, and its efforts are guided
by a long range Conservation Plan completed with our community in 2010. Collaboration is at the
heart of our approach to conservation.The land trust engages with Northwest Watershed Institute
and partners in the "Chumsortium"to bring back vibrant salmon runs on Hood Canal, and in the
Jefferson LandWorks Collaborative to support big-picture thinking around the ongoing economic
viability of local farms and working forests. The land trust partners with regional government, local
and national agencies,Tribes, peer organizations, and individual citizens to safeguard beloved places
that are crucial to the health of our community, now and into the future.
Northwest Watershed Institute provides scientific,technical and on-the-ground support for
watershed restoration and has been conducting habitat stewardship and restoration projects in the
Tarboo watershed for 17 years.
3 b. Has the sponsor and/or applicant of this project been involved in other projects previously approved for
Conservation Futures funding?
No,neither the sponsor nor applicant has been involved in a project previously approved for
Conservation Futures funds.
X Yes, the sponsor and/or applicant for this project has been involved in a project previously approved for
Conservation Futures funds. Please provide details:
Yes. Eight conservation easement projects proposed by NWI and JLT were previously approved for
Conservation Futures funding as part of the landscape scale conservation project in the Tarboo
watershed and all have been successfully completed.
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4 a. Property X can_cannot feasibly be acquired in a timely fashion with available resources.
4 b.Necessary commitments and agreements X are_are not in place.
4 c. All parties X are_are not in agreement on the cost of acquisition.
If"not"to any of the above,please explain below.
5. The proposed acquisition X is specifically identified in an adopted open space, conservation, or resource
preservation program or plan,or community conservation effort. Please describe below, including the site's
importance to the plan. Please reference the website of the plan if available or include the plan with this
application.
complements an adopted open space or conservation plan, but is not specifically identified. Please describe
below, and describe how the proposed acquisition is consistent with the plan.
is a stand-alone project.
The proposed project is identified as a conservation priority in the following plans—
Jefferson Land Trust's Jefferson County Conservation Plan (2010) identifies the property as a
priority for conservation of forestland.
http://saveland.org/linkFiles/web forms/2010 JIT ConservationPlan LoRes.pdf
The Tarboo/Dabob Bay Implementation Strategy, a Sub-Plan of JLT's Jefferson County Conservation
Plan, identifies the specific project are as within the priority forest conservation area of the Tarboo
watershed.
The property is a priority in Northwest Watershed Institute's Tarboo Watershed Conservation
Strategy to protect and restore a stream and wetland corridor from the headwaters of Tarboo
Creek to Dabob Bay (objective 1) and conserving forestland in the watershed (objective 3).
(http://www.nwwatershed.org/conservation-strategy.html).
The proposed properties are within a priority terrestrial conservation area identified and mapped in
the Willamette Valley-Puget Trough--Georgia Basin Ecoregional Assessment(2004 Floberg et al).
This priority area includes much of the Tarboo and Thorndyke watersheds. The Ecoregional plan,
developed by Washington Department of Fish and Wildlife and The Nature Conservancy, is one of
the primary conservation plans for Puget Sound and has received extensive public and scientific
review.
6. Conservation Opportunity or Threat:
6 a. The proposed acquisition site X does _does not provide a conservation or preservation opportunity which
would otherwise be lost or threatened.
6 b. If applicable,please carefully describe the nature and immediacy of the opportunity or threat, and any unique
qualities about the site.
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NWI purchased the property within four days of listing in November of 2018 and in competition with
out-of-state buyers who wanted to clear the property for development. NWI must secure CF funding
in this grant round in order to pay off$220,000 in conservation loans. If funding is not obtained in
2019, NWI will need to sell the property to pay off the loans. Like several other properties along
Center road, it is likely this would result in clear-cut of the forest and sale of three separate parcels
for development.
7. Summarize the project's conservation values and how the CF funds requested support these values.
The strict conservation easement provisions proposed will protect older forest habitat will be while
allowing sustainable timber harvest.The 21 acres of older, naturally regenerated forest proposed
for protection is extremely valuable for cabon sequestration, biological diversity, a critical wildlife
corridor, and protection of water quality in downstream Tarboo Creek and Dabob Bay.
8. The proposed acquisition:
8 a. X provides habitat for State of Washington Priority Habitat and/or State or Federal Threatened, Endangered
or Sensitive species.
8 b. X provides habitat for a variety of native flora or fauna species.
8 c. X contributes to an existing or future wildlife corridor or migration route.
If affirmative in any of the above,please describe and list the Priority Habitat(s) and Threatened, Endangered, or
Sensitive species below, and cite or provide documentation of species'use.'
Priority and Listed Species on-site
Headwater tributary of Tarboo Creek Priority Riparian Habitat
Western toad State Candidate and Federal Species of Concern
Pileated woodpecker State Candidate
Listed Species benefited downstream in Tarboo Creek (documented spawning habitat)
Puget Sound steelhead State Candidate and Federal Threatened
Hood Canal coho salmon Federal Species of Concern
Listed Species benefited downstream in Tarboo-Dabob Bay(documented rearing habitat)
Hood Canal summer chum salmon State Candidate and Federal Threatened
Puget Sound Chinook salmon State Candidate and Federal Threatened
Provides habitat for a variety of native flora and fauna
The project is a critical part of a larger parcel of older biologically diverse native forest protected as
part of the 400-acre Tarboo Wildlife Preserve and increasingly rare in Puget Sound region due to the
to industrial forestry and development.The proposed project includes a variety of forest plant
associations dominated by big leaf maple, alder, Douglas fir, and western red cedar.The large size of
' See, for example,http://www.dnr.wa.gov/researchscience/topics/naturalheritage/pages/amp nh.aspx
http://www.wdfw.wa.gov/conservation/phs/list/
http://wvvwl.dnr.wa.govinhp/refdesk/plants.html
http://www 1.dnr.wa.gov/nhp/refdesk/pubs/wa_ecological_systems.pdf
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the overall forest conservation area that is part of the Tarboo Wildlife Preserve helps supports
wildlife with larger habitat requirements, including cougar, black bear, deer and bobcat.
Wildlife corridor
The proposed project provides a critical, landscape-scale wildlife corridor between the upland
forests and the adjacent Tarboo Wildlife Preserve and the wetlands and streams of the Tarboo
valley. Cougar, bobcat, deer, black bear, and other large mammals use these areas, as well as
diversity of amphibians, reptiles, and birds.The overall block of land to be protected, including the
Preserve,totals more than 600 acres and is a significant contribution to the overall stream and
wetlands corridor from the headwaters of Tarboo Creek to the Dabob Bay Natural Area on Tarboo-
Dabob Bay.
The proposed project, also provides a critical wildlife corridor between two fenced and cleared farms
to the north and south that allow migration by cougar, black bear and other species between the
Tarboo valley and surrounding uplands.
8 d. Does the current owner participate in conservation programs that enhance wildlife habitat? If so,please
provide details.
Yes—the current owner is Northwest Watershed Institute which has been leading the Tarboo-Dabob
Bay Conservation Program for 17 years.The proposed project is part of the Tarboo Wildlife Preserve
and is FSC certified. NRCS EQIP funding has also supported forest management planning.
9. Describe to what degree the project protects habitat for anadromous fish species (for example: marine
shorelines, stream/river corridors including meander zones, and riparian buffers). Please provide documentation
and maps that demonstrate the location, quality and extent of the existing buffer and adjoining habitat.
The project protects a headwater stream of Tarboo Creek and forest protection helps prevent floods
and maintain low summer stream flows.
10 a. Describe the extent and nature of current and planned agricultural use of the proposed acquisition, including
any anticipated changes to that use once the property, or property right, is acquired with Conservation Futures
funds. NA
10 b. Describe the current owner's record of implementing management practices that preserves and/or enhances
soil,water quality, watershed function and wildlife habitat on the farm. NA
10 c. Describe how the acquisition or proposed easement will likely preserve and/or enhance soil, water quality,
watershed function and wildlife habitat.
Protection of this biological diverse older forest will benefit the sustainability of farms to the north
and south and the conservation effort has support of the farm's owners.
11 a. Describe the extent and nature of current and planned silvicultural use of the proposed acquisition.Please
cite or provide documentation of existing or planned silvicultural activities including forest management plan(s)
or forest ecosystem restoration.
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The existing Jefferson Land Trust conservation easement covering the Tarboo Wildlife Preserve will
be amended and restated to add this new property.The new forest property will be managed with
the adjoining Tarboo Forest portion of the Preserve to conserve high quality, biologically diverse
older forest, allow selective forestry, and restore old growth habitat characteristics.
Forest management of the 21-acre addition will be similar to the management of the Tarboo Forest
conserved in 2014 with support from Jefferson County Conservation Futures Program. Under the
conservation easement,the standing timber volume will be protected as a baseline (as determined
by a 2019 timber cruise recently completed for the appraisal).Timber harvest is restricted to less
than 75%of annual growth above the baseline volume.These rigorous conditions in the CE will
ensure that the forest continues to grow in volume and habitat value while allowing selective
harvest.
The Tarboo Wildlife Preserve includes 196 acres of forestland that is Forest Stewardship Council
(FSC) certified, including the Tarboo Forest and proposed addition. The 2014 FSC certified forest
management plan for the property will be amended to include this property.
11 b. Describe the current owner's record of implementing management practices that preserves and/or enhances
soil,water quality, watershed function and wildlife habitat.
Northwest Watershed Institute has been conducting forest related watershed restoration for 17
years in the watershed include road removal, forest tree planting, stream culvert replacement and
invasive species removal.
NWI owns and manages 196 acres of FSC certified forestland as part of the Tarboo Wildlife Preserve.
Peter Bahls, Director and Conservation Biologist with NWI worked for 6 years as a timber-fish-and-
wildlife biologist reviewing hundreds of timber sales in the Hood Canal area. He wrote portions of
the initial Smartwood Certification standards for Washington, which became industry standards for
FSC certification. More recently, he was a scientific reviewer of FSC certification standards as a
consultant for Pacific Rivers Council.With NW Natural Resources Group, he organized one of the first
alternative forestry workshops in Hood Canal in 1997. More recently, he worked with retired DNR
District forester Mike Cronin and the Jefferson County Public Lands Group to develop an alternative
forest asset management plan for DNR lands in East Jefferson County to keep these lands in forestry.
In 1996,Judith Rubin, NWI Stewardship Director worked as Director of Northwest Natural Resources
Group to establish the Washington State SmartWood Initiative,the first FSC Certification Program in
the state.
11 c. Describe how the property acquisition or proposed easement will likely preserve and/or enhance soil, water
quality,watershed function and wildlife habitat.
As discussed above, the CE standards are strict and will ensure protection of older forest habitat.The
forest addition is also FSC certified and prescriptions specified in the 2014 FSC approved Forest
Management Plan.
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12 a. Describe how the proposed acquisition benefits primarily a local area X broad county area including the
area served, the nature of the benefit, the jurisdictions involved, and the populations served.
The proposed project benefits a broad county area because it is a key part of much larger
conservation effort that spans from the headwaters of Tarboo Creek to the state's Dabob Bay
Natural Area. In particular, Dabob Bay has been recognized as a state and national priority for
conservation and the proposed project will help protect Tarboo Creek-the main freshwater stream
entering the Tarboo-Dabob Bay estuary and critical for its water quality.
12 b. Is the project located in an area that is under-represented by CF funded Projects?Areas that Conservation
Futures has not been able to support to date include Marrowstone Island, Toandos Peninsula, Dosewallips
Valley, Bolton Peninsula, and the West End. NA
13. Describe the educational or interpretive opportunities that exist for providing public access, educational or
interpretive displays (signage,kiosks, etc.)on the proposed site, including any plans to provide those
improvements and any plans for public accessibility.2
The protected property will serve as part of a larger demonstration forest for illustrating innovative
forestry strategies and methods to protect and restore older forest habitats while also sustainably
harvesting timber products.As such,they will serve as an important educational addition to the
Tarboo Wildlife Preserve and region.A walking trail system will be constructed that connects the
properties with the Preserve. NWI and Leopold Freeman LLC plan to host workshops,tours and other
public events to expand understanding and adoption of conservation and alternative forestry
methods.
The properties are available for public access by prior permission, including deer hunting and
mushroom picking,two important recreational uses in rural areas.
14. The proposed acquisition_includes historic or culturally significant resources3 and
_is registered with the National Register of Historic Places, or an equivalent program.
X is recognized locally has having historic or cultural resources.
is adjacent to and provides a buffer for a historic or cultural site.
If affirmative in any of the above,please describe below, and cite or provide documentation of the historical or
cultural resources.
Four Native American tribes reserved fishing, hunting and gathering rights in Hood Canal, including
Tarboo watershed,with the signing of the Point No Point Treaty of 1855. Many of the indigenous
plants and animals are considered by the Tribes to be important cultural resources, critical to the
survival of Tribal cultural traditions. However, with logging, agriculture and development of much of
lowland Puget Sound, many of these cultural resources have become increasing difficult to find. For
example, old growth cedar logs for use in canoes,totem poles and other are nearly impossible to
2 The words "education" and"interpretation"are interpreted broadly by the CF Committee.
3 Cultural resources means archeological and historic sites and artifacts, and traditional religious ceremonial and
social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44
and 27.53 RCW
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find in the lowland Puget Sound region.The proposed project currently contains a diversity of
traditional religious,food, medicinal, and material resources that could be sustainably harvested. For
example, over time the properties will have the potential to provide large diameter cedar trees for
bark harvest.
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Verification
15. Sponsors of applications that are approved for funding by the Board of County Commissioners are required to
submit a brief progress report by October 30 every year for three years after the award is approved,or three years
after the acquisition funds are disbursed to the applicant, whichever is later.The progress report must address any
changes in the project focus or purpose,progress in obtaining matching funding,and stewardship and
maintenance. Sponsors receiving O&M funds will also submit an annual report for each year that O&M funds are
expended. The Committee will use the information to develop a project"report card"that will be submitted
annually to the Board of County Commissioners.
If this application is approved for funding, I understand the sponsor is required to submit progress reports for
three years and for any year in which O&M funds are expended. Initials .3 °,120 11 Date
16.If,three years after the date funding is approved by the Board of County Commissioners,the applicants have
not obtained the required matching funds,the Committee may request the Board of County Commissioners to
nullify their approval of funds,and may require the project to re-apply.
If this application is approved for funding,I understand that we may be required to re-submit the application if the
project sponsor does not obtain the necessary matching funding within three years. , Initials 3iiitxtPate
wc !
2019 CF Program Application FINAL,
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Figure 14. Bear trail found on property and photographed several miles away in Tarboo valley.
APPENDIX D
Draft Restated and Amended Conservation Easement
2019 Tarboo Forest Addition
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 W2W2 & NW NW(LS W542') & TAX 2,4,6,8 WITH EASE
Sec 28, NE SE & SE NE, Sec 29, W2 NW& ptn S2NW, 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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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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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 Auditors 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 (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 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
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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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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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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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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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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. Ifavoidance 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 motorvehicles, 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 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 bythe injured party's insurance; this waiver applies whether or not the loss is due to the
p Y pp
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 o 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 aportion 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 belldetermined by the difference, as of the date
of extinguishment, but with regard specificay 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 1.13through I.F 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 o 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 anyact required bythisparagraph shall not impair thevaliditylidit
Y
of this Easement or limit its
enforceability in any way.
Xl. EASEMENT AMENDMENT
If circumstances arise under which an amendment to or modification o 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.
CONSERVATION EASEMENT
Northwest Watershed Institute/Jefferson Land Trust
Page 21
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
CONSERVATION EASEMENT
Northwest Watershed Institute/Jefferson Land Trust
Page 22
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 orits 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
CONSERVATION EASEMENT
Northwest Watershed Institute/Jefferson Land Trust
Page 23
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
p9 p
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:
CONSERVATION EASEMENT
Northwest Watershed Institute/Jefferson Land Trust
Page 24
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
CONSERVATION EASEMENT
Northwest Watershed Institute/Jefferson Land Trust
Page 25
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 1/4 OF THE NORTHWEST 1/4, 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 ";
CONSERVATION EASEMENT
Northwest Watershed Institute/Jefferson Land Trust
Page 26
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 'A OF THE NORTHEAST%OF THE SOUTHEAST %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.
CONSERVATION EASEMENT
Northwest Watershed Institute/Jefferson Land Trust
Page 27
PARCEL 11:
THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, SECTION 29; AND THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4, SECTION 32; EXCEPTING THEREFROM OLD TARBOO ROAD AND DABOB ROAD;
ALSO EXCEPTING THEREFORM THAT SLIVER OF LAND WITHIN THE SOUTHEAST 1/4 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 1/4 OF THE NORTHWEST 1/4 OF 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
CONSERVATION EASEMENT
Northwest Watershed Institute/Jefferson Land Trust
Page 28
EXHIBIT B:
LEGAL DESCRIPTION OF THE CONSERVATION ZONES
CONSERVATION ZONE A ("CZ A")
PARCELS 1 AND 2, AS DESCRIBED IN THE FOREGOING EXHIBIT A: 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 2628/2 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/Jefferson Land Trust
Page 29
AND
ALL OF PARCEL 3, AS DESCRIBED IN SAID EXHIBIT A;
AND
PARCEL 6, AS DESCRIBED IN SAID EXHIBIT A, 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 EXHIBIT A: LEGAL DESCRIPTION OF THE
PROPERTY,-
AND
ROPERTY;AND
THOSE PORTIONS OF PARCEL 1 AND 2, AS DESCRIBED IN SAID EXHIBIT A, 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 8.5.1 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/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;
AND
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 ZONE D ("CZ D")
ALL OF PARCELS 11, THROUGH 13 INCLUSIVE, AS DESCRIBED IN THE FOREGOING EXHIBIT A:
LEGAL DESCRIPTION OF THE PROPERTY.
END EXHIBIT B
CONSERVATION EASEMENT
Northwest Watershed Institute/Jefferson Land Trust
Page 31
EXHIBIT C:
MAP OF THE PROPERTY & THE CONSERVATION ZONES
Tarboo Wildlife
Preserve
Conservation
Zones
TWP
IZone
o CZ
Conservation cz
€_ Easement Parcel 1 %////, cz C
Numbers j ®cz o
c
a Private road
j .o° ...lib. ..°°.
Gk County road
P/
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I t �/�
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`�`� ►V101.111111r 0 0.125 0.25 Miles
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ii
CONSERVATION EASEMENT
Northwest Watershed Institute/Jefferson Land Trust
Page 32
END EXHIBIT C
CONSERVATION EASEMENT
Northwest Watershed Institute/Jefferson Land Trust
Page 33
APPENDIX E
Jefferson County Conservation Futures Program Manual for the 2019 Funding Cycle
2019 Tarboo Forest Addition
ssoN
Ji
NG
Jefferson County Conservation Futures Program Manual
2019 Funding Cycle
Jefferson County Conservation Futures Program Manual
2019 Funding Cycle
Mission of the Conservation Futures Program
The mission of the Jefferson County Conservation Futures Program is to provide a system of
public open spaces,those open spaces being necessary for the health,welfare, benefit and
safety of the residents of Jefferson County and the maintenance of Jefferson County as a
desirable place to live,visit and locate businesses.
Conservation Futures Citizen's Oversight Committee Membership (as of December 10, 2018)
Phil Andrus, Citizen, District#2
Mary Biskup, Citizen,District#1
Scott Brinton,Interest—Agriculture
Lige Christian,Citizen,District#3
JD Gallant,Citizen,District#3
Vacant, Citizen, District#2
Rob Harbour, Interest—Working Lands
Ray Hunter,Interest—Fallow Farms
Richard Jahnke,Interest—Coastal Areas
Vacant,Interest
Lorna Smith, Interest—Ecotourism
Vacant, Interest—
David Wilkinson, Citizen,District#1
Table of Contents
Overview 3
Conservation Futures Citizen Oversight Committee(CF Committee) 4
Project Selection ...4
Information Sources ..4
Reimbursement 5
Compliance with All Laws 5
Record Retention ...5
Acquisition Projects 6
Operation and Maintenance(O&M)Projects 9
Required Meeting and Site Visit 11
Grant Notification and Agreement .11
Annual Reports .11
Project Changes .11
Program Suggestions 12
Forms and Templates APPENDIX A
Project Agreement Template
Annual Report Form Template
Please note: The 2019 CF Application and Ratings Worksheets are available
separately from program staff.
Map of Approved Projects APPENDIX B
Definitions APPENDIX C
2019 CF Program Manual FINAL 2
htt ://www.co..efferson.wa.us/560/Conservation-Futures-Pro•ram
Overview
Jefferson County welcomes your application to the Conservation Futures Program (CF
Program). Please do not hesitate to contact Jefferson County Environmental Health
Department with questions at Ph: 360/385-9444,Fax: 360/379-4487 or
tpokorny@co.jefferson.wa.us. The Conservation Futures Program website address is
http://www.co.j efferson.wa.us/commissioners/Conservati on/conservation.asp.
In July 2002,the county commissioners approved the Conservation Futures Ordinance,now
codified at Jefferson County Code Section 3.08 in accordance with the Revised Code of
Washington(RCW)Chapter 84.34. The ordinance establishes goals for the county's
Conservation Futures Program and an allocation process for the conservation futures tax levy.
The purpose of the CF Program is to acquire open space lands, including green spaces,
greenbelts, fish and wildlife habitat,trail rights-of-ways, agricultural land and timber land(as
those terms are defined in Ch. 84.34 RCW). Projects may include fee-simple or any lesser
interest or development right with respect to real property as well as operation and
maintenance(0&M)activities. 0&M projects must be linked to CF-funded acquisitions.
A minimum 50% match is required for all project types. Match must be cash, land trades,
the value of land to be traded, or other open spaces linked to the property under
application. Open space,wildlife habitat,agricultural and timber lands are all eligible.
The project sponsor must sign a grant agreement with the county(see Appendix A).
County code(JCC 03.08.030(10))requires that properties or easements be held by public
entities or others as defined in RCW 84.34.210. Government entities may choose to share
title of a property with a non-profit nature conservancy corporation or association. Public
open spaces must be available on the same conditions to all residents of the county for the
benefit of all Jefferson County residents and visitors. Applicants for projects may include
the county,municipalities,park districts, state or federal agencies,private non-profit
corporations or associations, and private individuals.
Project applicants must be represented by a local sponsoring organization based in Jefferson
County. Potential sponsors include local governments, special purpose districts and non-
profit corporations.A list of potential sponsors is available by contacting program staff. A
project sponsor is responsible for the content and submission of the application, organizing
and hosting a site visit, making a formal project presentation to the CF Committee, the
stewardship plan and its implementation, and all contracting,reporting, and reimbursement
obligations with Jefferson County.
Available funding is announced early in the calendar year and applications are
provided by Jefferson County Environmental Health. Conservation Futures Fund
monies can be the collateral,revenue stream or security for long-term financing
(typically bonds) in a manner consistent with law. Public workshop(s)may be
held prior to the start of the funding round. Staff is always available to answer
questions from sponsors, applicants, and interested parties.
This year, applications will be due Friday,March 22nd, 2019 and sponsors host site visits
and present projects to the CF Committee in April. Information about the application period
is posted on the program website, announced in local newspapers and via email, and available
by contacting program staff. In April or May,the CF Committee meets to rank projects,
determine recommended funding levels,and compose its overall recommendations to the
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Board of County Commissioners(BoCC). The BoCC typically makes award determinations
in July. Funding for reimbursement is generally not available until August or later. At least
every other year,the BoCC reviews the priorities of the Conservation Futures Program and
the project ranking process.All meetings of the Conservation Futures Committee are open to
the public. Citizens are encouraged to attend.
Conservation Futures Citizen Oversight Committee(CF Committee)
The CF Committee membership is intended to reflect a broad spectrum of interests and
expertise. It includes at least two individuals from each commissioner district and at least
nine citizens total.Anyone interested in applying for a seat on the committee is encouraged to
contact the Board of County Commissioners Office (jeffbocc@co jefferson.wa.us)and/or
program staff.
Project Selection
The CF Committee evaluates and ranks project applications according to criteria designed to
reflect the priorities expressed in the Jefferson County Code Section 03.08.040. This
evaluation process has five(5)distinct phases as follows:
1. Written project application: Each CF Committee member(CFCM)independently reads
and assesses each application and prepares any necessary clarification questions.
2. Site visits: Each CFCM must attend the project site visits(or view a video of the site
visit),where the applicant and/or the project sponsor will present the layout of the project
with reference to the written application and site maps. Additional questions posed by
committee members will be answered during this site visit.
3. Oral presentation of the project: Each CFCM must attend this meeting in which the
project sponsor presents the project and answers questions posed by the committee
members.Following the oral presentations, a deadline will be established for CFCMs to
submit additional questions to applicants(via county staff). After this set deadline for
additional questions, a second deadline will be established for the receipt of all answers
from applicants. After this second deadline no further additional information may be
requested,received or considered by the committee.
4. Submission of project ranking form: Each CFCM submits to county staff member a form,
which consists of questions that ask how well, in the committee member's judgement, an
applicant meets the criteria for approval and funding. The committee member assigns a
numerical "score"(within a range predetermined by the CF Committee)for each of the
questions. These question"scores"are totaled for an overall evaluation"score". A
committee composite"score", for each project application is obtained by taking the
average of the"scores". If a project application's composite"score" is 70%of the total
possible numerical value for a project"score"the project is considered worthy of funding
(i.e. eligible for). Projects"scoring"below 70% of the total possible numerical value for
a project"score"are not considered for funding unless compelling reasons for funding
arise in the final evaluation phase.
5. Ranking and recommendation for funding of project applications: Each project
application judged eligible in phase#4 is discussed,bringing into focus information
garnered from phases 1 through 4.All project applications are compared and a final
ranking and funding recommendation may be determined for each of the project
applications and submitted to the Board of County Commissioners. The Committee will
provide justification to the Commissioners for any and all changes from the numerical
ranked order.
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Information Sources
The Conservation Futures Program is administered by the Commissioners Office with
assistance from the Environmental Health Department.Please note that the information
contained in this manual does not supersede the statutes governing the Jefferson County
Conservation Futures Fund and Program, and should be read in conjunction with them.
Relevant sections of law are found in Revised Code of Washington, Chapter 84.34 (RCW
84.34)and the Jefferson County Code(JCC 03.08).
To access RCW 84.34 online,visit www.leg.wa.gov/Help/helpwithsearch.htm and click on
"Laws and Agency Rules."The Jefferson County Code is available online at
http://www.codepublishing.com/WA/JeffersonCounty.
Contact program staff at ph: 360/379-4498, fax: 360/379-4487 or send an email to
tpokorny@co.jefferson.wa.us.
Reimbursement
All grants are funded through the Jefferson County Conservation Futures tax levy. Except in
the case of escrow payments, sponsors must expend their own funds on eligible and allowable
expenditures prior to requesting reimbursement. With sufficient lead time, an approved
settlement statement, and a preliminary title report, CF funds may be made available to the
title company shortly before closing for the direct costs of property acquisition and closing.
Please discuss dates for closings and loan periods with program staff to help ensure that grant
funds are ready and available when needed.
The project sponsor will commit to providing a matching contribution of no less than the
amount of conservation futures funds awarded to the project before conservation futures tax
funds are reimbursed to that sponsor.This contribution may consist of:
• cash
• land trades if the valuation of the land to be traded is established by a valuation
arising from an appraisal generated by a Washington State Certified Licensed
Appraiser(Member of the Appraisal Institute MAI);
• the cash value of the land to be traded, excluding Jefferson County conservation
futures contributions; or
• other open spaces acquired within the previous two years that is situated either
directly adjacent to or could, in the sole discretion of the county,be directly linked
to the property under application.
• cost of appraisal,title insurance, closing costs,and other miscellaneous fees(See
JCC 3.08.030(5).)
The funding request, reimbursement form and back up documentation may be submitted any
time during the project period. It is important to implement projects in as timely a manner as
possible and also to bill in a timely manner. Deeds and conservation easement documents
must be recorded by the Jefferson County Auditor's Office within 30 days of closing.
If matching funds are not secured within three years,the project may be required to re-apply.
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Jefferson County must pre-approve easement language and will add restrictive language to
statutory warrantee deeds,or require the use of other legal instruments, to ensure
conservation of project and match properties in perpetuity.
Compliance with All Laws
Project sponsors shall comply fully with the project agreement, grant program policies,
County policies and all applicable federal, state and local laws, orders, regulations and
permits.
Record Retention/Public Records Act
The project sponsor shall retain all books,records, documents, data and other materials
relevant to the agreement for a minimum of six(6)years after the completion of the project.
Documents related to the expenditure of CF funds, by way of example only, purchase and
sale contracts, settlement documents, invoices,e-mails,expert reports and/or appraisals, are
Public Records subject to disclosure in accordance with the Public Records Act, Ch. 42.56
RCW, if requested by a citizen or entity. All meetings and activities of the CF Committee are
subject to the Open Public Meetings Act, Ch. 42.30 RCW. The public is always invited and
encouraged to attend. Two observer comment periods are included in each agenda.
Acquisition Projects
Project applications for the acquisition of property must meet the following threshold criteria
in order to be considered for funding. Each application will receive an initial screening to
make sure that it is in compliance. Applicants are encouraged to submit pertinent materials
and documents, as appropriate, in addition to those items required. Multi-year acquisition
projects are permitted but require additional justification.
Project Eligibility
Proposed acquisitions must have a willing seller.
The property, or property right, must be eligible for purchase as defined by state
law,RCW 84. 34.210(i.e. "...protect, preserve, maintain, improve,restore, limit
the future use of, or otherwise conserve, selected open space land,farm and
agricultural land, and timber land...").
Conservation Futures funds cannot be used to acquire property, or a property
right,that will be used for active recreation purposes(including but not limited to
sports fields, playgrounds, recreation centers, swimming beaches or pools,
motorized boat launches).
Conservation Futures funds cannot be used for passive development of a site.
For the purposes of this application, passive improvements include, but are not
limited to,trails, interpretive centers, viewpoints, picnic areas,access, restrooms,
landscaping and parking.
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Applicant Eligibility
Eligible applicants include the County, municipalities, Park Districts, State or federal
agencies,private non-profit corporations or associations, and private individuals.
Sponsor Eligibility
All applicants must have a local sponsor. Eligible sponsors include county,
municipalities,park districts, or private non-profit corporations based in Jefferson
County. A current, but not necessarily comprehensive,list of eligible local sponsors may
be requested from program staff.
Eligible Capital Project Expenditures: (See also JCC 3.080.030(7))
Capital project expenditures or match may include:
Costs of acquiring real property, including interests in real property
_Cost of related relocation of eligible occupants (includes administration)
Cost of appraisal
_Cost of appraisal review
_Cost of title insurance
_Closing costs
_Pro rata real estate taxes
_Recording fees
_Compensating tax
_Hazardous waste substances reports
_Directly related staff and administrative costs(These are limited to 5%of the total cost of the
project.)
_Related legal costs excluding the cost of preparing application for conservation
futures funds.
Baseline documentation
_Boundary survey
Cultural resources review(survey,excavation,on-site monitoring and data recovery)
Conservation futures tax levy funds may not be used to acquire any real property or
interest in real property therein through the exercise of the power of eminent domain.
Eligible Operations &Maintenance Expenditures—Please note: Total 0&M awards are limited to
15%of the conservation futures funding available in any year—contact staff for details.
Operations&Maintenance expenditures or match may include,but are not limited to:
_Cultural resources review(survey,excavation,on-site monitoring and data recovery)
Demolition
_Fencing(if needed for public safety or resource protection)
_Noxious weed control
Signage
_Special site-specific reports(e.g.stewardship reports)
Wetland identification and/or delineation
Stewardship Plan
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Prior to reimbursement, sponsors must provide a stewardship plan that describes how the
property, or property right,will be maintained over time. Costs for stewardship plans are
eligible for operations and maintenance reimbursement only under"Special Reports"(not
as a capital acquisition expense).
Title Report and Title Insurance
Please make county staff aware of issues that could affect the title report and provide
updates as they are generated. A title report and title insurance are to be issued in
conjunction with the property transaction.
Appraisals
Successful applicants must provide an independent appraisal(standard, narrative or
M.A.I.) from a Washington State Certified Licensed Appraiser if the estimate of value
exceeds the assessed value at the time that reimbursement is requested. In no case shall
conservation futures funds dispersed exceed the grant amount awarded by the BoCC.No
appraisal is required for properties assessed at$20,000 or less.
The appraisal must:
be no more than 1 year old. A Supplemental Update by the original appraiser
may be required,at the discretion of the county, if the appraisal is more than
six months old.
include a current Title Report provided at the time of the most current
appraisal or update.
if timber, mineral or aquatic resources are to be included as value to the
appraisal,then the appraisal shall include a separate timber,mineral or
aquatic resources evaluation of value,
or
an opinion of value from a qualified representative of the real estate industry
or recent valuation from the Jefferson County Assessor's Office may be used
when the total assessed value does not exceed $20,000.
Review Appraisals
No appraisal review is required of the sponsor by the CF program. However,the CF
Committee and/or the county may choose to select an appraisal for independent review
for any reason.
Project Implementation
At the time of purchase or the signing of a"purchase and sale agreement",the appraisal
must be no more than a year old unless an extended period is requested and approved by
the county, up to a total of 18 months.
Application and Attachment Requirements for Acquisition Projects
All materials must be submitted in hard copy except as noted below and specified in the
application:
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Proof of Willing Seller: A"Willing Seller" letter confirming that the current
owner of the property proposed for acquisition is willing to sell.
Estimate of Value: A county assessment, certified appraisal of value,and/or
an estimate of value from the project sponsor.
Site Location Map: On a Jefferson County base map, or on a map of the
sponsoring agency's jurisdictional boundaries,clearly identify the location of
the proposed acquisition.
Project Boundary Map: On a quarter-section map or other map of sufficiently
large scale, identify the boundaries of the proposed project.
Color Images: Provide six(6)different views of the property proposed for
acquisition. The images should show vegetation,terrain,waterfront,man-
made features, access roads,wetlands,unique characteristics, etc. Please
include captions and an aerial view, if available. Provide in hard copy as well
as JPEG or PDF.
Development Plan or Narrative: Provide a schematic or master plan map of
the project site showing proposed uses and improvements, if applicable.
In addition, if the application sponsor is a private non-profit organization,
attachments must also include:
_Proof of 501(c)(3) Status
_Current Budget
_Board Roster
_Organization Chart or Staff Roster
_Most Recent Financial Statements(audited if possible)
_Copy of minutes or resolution documenting official action to submit
application for proposed acquisition. If more than one project is submitted
from the same sponsor,the minutes or resolution should indicate the project
priority and how it was determined.
Operation and Maintenance Funding
Availability of Funds for 0&M
Only projects that are acquired using conservation futures funds are eligible for 0&M
funding. Requests for 0&M funding should not exceed the available limit(consult with
program staff). Approved disbursements for operation and maintenance of interests in
real property purchased with conservation futures tax levy monies shall not in any
particular year be greater than fifteen percent(15%)of the conservation futures tax levy
monies raised in the preceding year.
Project Eligibility
Operation and maintenance funding may be used for any property acquired with
Conservation Futures funds. Conservation futures tax levy funds appropriated for 0&M
or interests in real property shall not supplant or replace any existing funding for
maintenance and operation of parks and recreational lands.
Applicant Eligibility
Eligible applicants include the County,municipalities,Park Districts, State or federal
agencies, private non-profit corporations or associations, and private individuals.
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Sponsor Eligibility
All applicants must have a local sponsor. Eligible sponsors include the County,
municipalities,Park Districts, or private non-profit corporations based in Jefferson
County.
Application and Attachment Requirements for 0&MProjects
All requested materials must accompany the application upon submission.If an item is
irrelevant to the project at hand, please explain why this is so.
Proof of Willing Seller: A"Willing Seller" letter confirming that the current
owner of the property proposed for acquisition is willing to sell.
Estimate of Value: A County assessment,certified appraisal of value, and/or
an estimate of value from the project sponsor.
Site Location Map: On a Jefferson County base map, or on a map of the
sponsoring agency's jurisdictional boundaries, clearly identify the location of
the proposed acquisition.
Project Boundary Map: On a Quarter-section map or other map of
sufficiently large scale, identify the boundaries of the proposed project.
Color Images: Provide six(6)digital images of the property proposed for
acquisition. The images should show flora,terrain,waterfront, man-made
features, access roads,wetlands, unique characteristics, etc. Please include
captions and an aerial view, if available.
Development Plan or Narrative: Provide a schematic or master plan map of
the project site showing proposed uses and improvements, if applicable.
In addition, if the application sponsor is a private non-profit organization,
attachments must also include:
Proof of 501(c)(3) Status
Current Budget
Board Roster
_Organization Chart or Staff Roster
Most Recent Financial Statements(audited if possible)
_Copy of minutes or resolution documenting official action to submit
application for proposed acquisition. If more than one project is
submitted from the same sponsor,the minutes or resolution should
indicate the project priority and how it was determined.
Budget and Timeline
Attached to the first Annual Reporting Form must be a budget and timeline for
expenditure of O&M funding for the succeeding ten(10)years measured from the date of
approval by the BoCC.
Documentation of Match
A match of 50%must be documented with each invoice. Match guidelines are identical
for acquisition and 0&M proposals. In-kind labor cannot be used as match.
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Reporting
Any project sponsor receiving 0&M funds is required to submit a report each October
until those funds are expended. An expenditure summary that provides the following
information must accompany billing:
1)Date the payment was made.
2)The vendor and/or employee to whom the payment was made.
3)A description of what was purchased or what work and/or services were performed;
provide a description of what service or work was performed for the payroll costs
or by the sub-contractor.
Application and Attachment Requirements for O&M Projects
To apply for 0&M funding for a project previously purchased using CF Funds, use the
standard application form. In question#1,refer to the original project title and year that
the project was approved followed by"0&M Request Only". If you feel that a question
is irrelevant to the project at hand, please explain why.
Required Meeting and Site Visit
Project sponsors are required to host a visit to the project site and make a formal presentation
to the CF Committee. The presentation must begin with an introductory project description
and then be organized according to the sequence of questions listed on the Rating Sheet. Site
visits are videotaped by county staff.
Grant Notification and Agreement
Sponsors will be notified by staff of grant awards as soon as possible after the BoCC makes
their decision, usually in July. Sponsors will then be asked to sign a project agreement
(Appendix A)with Jefferson County. An informational template is provided with this
manual.
Annual Reports
Sponsors are required to submit an annual report by October 30th every year from the date of
award until three years after the CF funds are disbursed. Sponsors receiving O&M funds will
also submit an annual report for each year that O&M funds are expended. An annual report
template is included with this manual and will be provided to the project sponsor
electronically. The progress report must address changes in the project focus or purpose,
progress in obtaining matching funding,and stewardship and maintenance, as applicable.
Program Changes
Project sponsors are expected to implement funded projects as described in their application
to the CFF. However, occasional changes may be necessary to a given project's success. This
section describes the process by which a project sponsor can initiate a request for change. A
change occurs whenever the language contained in the application to the Conservation
Futures Fund no longer accurately or fully describes the project.
The Committee prefers that project change requests be presented as follows:
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1. Send a"letter", addressed to the CF Committee,to the program staffs email that
describes the desired change and its rationale in as much detail as possible. Also,
characterize the level of urgency for addressing the possible change. If at all
possible, provide this information at least two weeks ahead of the next scheduled
full committee meeting for possible inclusion on the draft agenda.
2. Reflect the proposed change in a Microsoft Word version of the original
conservation futures application, and the County/Sponsor resolution or agreement
(as applicable), using Track Changes. Label new attachments with the current date.
Attach the document(s)to the email described above.
3. When the change request is included on a draft agenda,the sponsor should make
every effort to attend that meeting in person or by phone.
4. If the need for change is urgent,the Chair may call a special, ad hoc,meeting.
5. The following requests are considered particularly significant:
a. Parcel substitution
b. Increase in funding amount
c. Reduction in percentage match
d. Loss of conservation value
The CF Committee shall:
1. Review the request for change and ask questions of the project sponsor, as needed.
2. Engage in discussion about the proposed change.
3. Formulate and vote,consistent with the bylaws, on a motion to accomplish one or
more of the following:
a. Draft a statement to recommend the change for approval by the BoCC in
its current form
b. Ask the project sponsor to revise and resubmit the change request for a
future meeting
c. If the need for change is urgent,the Chair may call a special, ad hoc,
meeting
d. Reject the change and submit a statement to the BoCC to accompany the
request
Staff shall:
1. Work with the project sponsor and Committee chair to refine or clarify the
change request ahead of its presentation at the next Committee meeting, as
needed.
2. Forward the change request and Committee recommendations to the BoCC for
final determination at a regularly scheduled meeting.
3. Work with the Committee,and subcommittee(s)as applicable,to learn from
the change and determine if related updates to program materials are needed.
Program Suggestions
Suggestions for program improvements are always welcome and may be provided to the
Conservation Futures Committee by letter or email via staff at the contact information on
page 3. Every CF Committee meeting also includes two public comment periods. Meeting
times are provided in newspapers and on the program website.
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APPENDIX A
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT AGREEMENT
(template only)
Project Sponsor:
Project Title:
Project Number:
Approval: Resolution No. xxx on xxx, 2019
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
(Sponsor),xxxxx,xxxxx,WA 983xx, 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
Environmental Health for the Sponsor for the project named above.
C. Description of Project
The subject project is described in the attached 2018 Conservation Project Application for the
xxx. Conservation Futures Fund("CFF")from Jefferson County in an amount not to exceed
$xxx will be used towards fee simple acquisition,by xxx, of the real property known in the
records of the Jefferson County Assessor as APN#s xxxx for acquisition expenses, and $xxx
to reimburse for operations and maintenance expenses. The matching amount is provided by
xxx. Description of conservation easement or language in SWD (as applicable).
D. Term of Agreement
The Project Sponsor's on-going obligation for the above project funded by this Agreement is
to provide maintenance of the site or facility to serve the purpose for which it was intended in
perpetuity unless otherwise identified in this Agreement.
E. Period of Performance
The Project reimbursement period for acquisition expenses shall begin on xxxx xx, 2019. The
Project reimbursement period for acquisition expenses will end on xxx xx, 2022 unless proof
of match is provided prior to this date.No expenditure made before xxx xx, 2019 is eligible
for reimbursement unless incorporated by written amendment into this Agreement.
F. Project Funding
The total grant award provided by the Conservation Futures Fund(CFF)for the Project shall
not exceed$xxxxx and Jefferson County CFF shall not pay any amount beyond that approved
herein for funding of the Project. The Sponsor shall be responsible for all total costs for the
Project that exceed $xxx,xxx. In no event will the CFF funds expended for this purchase
exceed xxx percent(xx%)of the overall acquisition cost of APN xxx-xxx-xxx. This Project is
eligible for reimbursement of capital project and operations and maintenance expenditures as
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described in the Jefferson County Conservation Futures Program Manual for the 2019
Funding Cycle.
The contribution by the Sponsor toward work on the Project at a minimum shall be as
indicated below. The contribution by the County toward work on the Project is described
immediately above and in"C"above.
Acquisition 0&M Totals cyo
Conservation Futures— $ $
$
Project Sponsor
Contribution $ /0
Totals $ $ $ 100%
G. 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.
H. 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 Application and Jefferson County Conservation
Futures Program Manual for the 2019 Funding Cycle, all of which are attached hereto and
incorporated herein.
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.
I. 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.
J. 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.
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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.
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
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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.
K. Independent Contractor
The Contractor and the County agree that the Contractor 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 Contractor nor any employee of Contractor 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 Contractor, or any employee of Contractor. The Contractor 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.
L. 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.
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M. 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.
N. 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 six(6)years after the date of the final payment to Sponsor. Copies shall be
made available upon request.
0. 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.
P. 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 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.
Q. 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.
R. 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.
S. 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.
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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
Jefferson County Environmental
Health—Conservation Futures
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 xxxxx(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 2019.
By
David Sullivan, Chair
Jefferson Board of County Commissioners
By
Attested:
Carolyn Gallaway, Deputy Clerk of the Board
Approved as to form:
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Philip Hunsucker, Chief Civil DPA
Jefferson County Conservation Futures Program
Annual Project Reporting Form (template only)
1. Project Sponsor:
2. Project Title:
3. Project Number:
4. Status:
5. Approval Date:
6. Projectgoals and objectives:
J
7. Parcel number(s):
8. Total acreage:
9. Easement:
Title:
Seller:
10. Fee Simple
Seller:
11. Month and year that CF funding was awarded:
12. a). Purchase price: b). Total project cost:
13. Amount of CF award:
14. Month and year of acquisition:
15. Entity holding title:
16. Entity responsible for stewardship:
17. Plans or agreements pertaining to this acquisition:
18. O&M funds received since acquisition(list by year):
19. Existing and on-going activities and projects(for each 0&M activity that has
occurred since October 1 of the previous year,please provide supporting
documentation):
20. New events, activities,projects(for each 0&M activity that has occurred since
October 1 of the previous year, please provide supporting documentation):
21. Needs and challenges:
22. General progress towards project's objectives:
Completed by:
Title:
Organization:
Signature Date
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Appendix B
PROJECTS MAP—2018 version
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Conservation Futures
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Appendix C
DEFINITIONS
"Conservation futures citizen oversight committee"means the Jefferson County
conservation futures citizen oversight committee established under this chapter.
"Conservation futures fund"means the Jefferson County conservation futures fund
established under this chapter.
"Conservation futures tax levy"means that Jefferson County tax levy upon all taxable
property in Jefferson County authorized by RCW 84.34.230.
"County"means Jefferson County and/or its conservation futures citizen oversight
committee.
"Cultural resources"means archeological and historic sites and artifacts, and traditional
religious ceremonial and social uses and activities of affected Indian Tribes and
mandatory protections of resources under chapters 27.44 and 27.53 RCW."Open space
land"means the fee simple or any lesser interest or development right with respect to real
property including, but not limited to,conservation futures, easements, covenants or other
contractual rights necessary to protect, preserve,maintain, improve,restore, limit the
future use of or conserve selected open space land, farm and agricultural land and timber
land(as those terms are defined in Chapter 84.34 RCW).
"Project"means open space land, or any lesser interest or development right in specific
real property,to which Jefferson County conservation futures tax levy funds are allocated
for acquisition under the procedure outlined under this chapter. [Ord. 1-14 § 1; Ord. 6-02
§ 1]
"Silviculture"means the practice of controlling the establishment, growth,composition,
health, and quality of forests for the production of forest products.
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