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HomeMy WebLinkAboutWashington State Recreation and Conservation Office (RCO) - 101419628000 PGS:8 DEED t0t31t2pf9 01 ;0t RN $1t0.50 WASHINGTON STATE RECREATION AND CONS Jefferson GauntY WA Auditor's Office — Rose Ann Garratt, Auditor 0don IllfitI10tt�t�1AVVIVIWOAMA 11111 RETURN NAME and ADDRESS j p` 1 Lexi a P ,440*, eta N10 RFAL ES, TATE V t r3'�ly(i --�0 c—ry� JEFFLI .. SON G NTY IHi) LASURLR /} L) P ���� clpGt Ld%MY�ty + PY:� Please "rope or Print Neatly and Clearly All Information Document Title(s) D ca -e- Cf 0 Q,s=1 �1 t- kZ d t.4 0 d _Y_ e, d (.zn>f)j 2 if e i*'Ir' h PV �t�` , t Reference Number(s) of Related Documents Grantor(s) (Last Name, First Name, Middle Initial) Grantee(s) (Last Name, First Name, Middle Initial) � - t Legal Description (Abbreviated form is acceptable, i.e. Sectioti/TownshiplRange/Qtr Section or Lot/Block/Subdivision) �— Assessor's Tax Parcel ID Number qct i — -,66 - �P5 6rid __ `I -q1 o " The County Auditor will rely on the information provided on this form. The Staff will not read the document to verify the accuracy and completeness of the indexing information provided herein. Sign below only if your document is Non -Standard. I am requesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some parts of the text of the original document. Fee for non-standard processing is $50. Signature of Requesting Party Upon Recording, Please Return To: Washington State Recreation and Conservation Office PO Box 40917 Olympia, WA 98504-0917 Attn: Josh Lambert DEED OF RIGHT TO USE LAND FOR SALMON RECOVERY PURPOSES Grantor: Jefferson County Grantee: STATE OF WASHINGTON, acting by and through the WASHINGTON STATE SALMON RECOVERY FUNDING BOARD and the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE, including any successor agencies. Abbreviated Legal Description: LTS 15, 17, 18, 19 and 20 BLK 5 Quilcene, (More particularly described in Exhibit "A" (Legal Description), and as depicted in Exhibit `B" (Property Map)), Assessor's Property Tax Parcel Number(s): 991-200-505 and 991-200-503 Reference Numbers of Documents Assigned or Released: The Grantor enters this Deed for and in consideration of monies coming in whole or in part from the Salmon Recovery Funding Board Account. Such grant is made pursuant to the Project Agreement entered into between the Grantor and the Grantee entitled Lower Big Quilcene Floodplain Acquisitions, Project Number 16-1480 signed by the Grantor on the 17th day of Page 1 of 7 December 2018 and the Grantee the 31' day of December 2018 and supporting materials which are on file with the Grantor and the Grantee in connection with the Project Agreement. The Grantor hereby conveys and grants to the Grantee as the representative of the people of the State, the right to enforce the following duties: The Grantor shall take such reasonable and feasible measures as are necessary to protect the Real Property as described in Exhibit A: Legal Description, in perpetuity. Such measures shall be consistent with the purposes in the Project Agreement, including protecting, preserving, restoring and/or enhancing the habitat functions on the Real Property, which includes the Big Quilcene River floodplain.This habitat supports or may support priority species or groups of species including but not limited to Hood Canal Summer Chum salmon. 2. The Grantor shall allow public access to the Property as provided in the Project Agreement. Such access shall be subject to the restrictions allowed under the Project Agreement, by written agreement with the Grantee, or under state law. This provision is not intended to prevent reasonable access or use restrictions that are necessary for safe and effective management of the property consistent with salmon recovery purposes and the Project Agreement. 3. The Grantor shall allow access by the Grantee to inspect the Real Property for compliance with the terms of this Deed and the applicable Project Agreement to which the Grantor is a signatory. Such access shall be subject to the restrictions, if any, allowed under the Project Agreement, by written agreement with the Grantee, or under state law. The Grantor warrants it has and shall maintain the legal right and means to reach the property. 4. Without prior written consent by the Grantee or its successors, through an amendment to the Project Agreement or the process set forth below, the Grantor shall not use or allow any use of the Real Property (including any part of it) that is inconsistent with the salmon recovery purposes herein granted and as stated in the Project Agreement. The Grantor shall also not grant or suffer the creation of any property interest that is inconsistent with the salmon recovery purposes herein granted and as stated in the Project Agreement. Grantee's consent to an inconsistent use or property interest under this Deed shall be granted only to the extent permitted by law and upon the following three conditions, which ensure the substitution of other eligible land. The conditions are: (1) the substitute salmon recovery land must be of reasonably equivalent habitat qualities, characteristics and location for the salmon recovery purposes as the Real Property prior to any inconsistent use; (2) the substitute salmon recovery land must be of at least equal fair market value to the Real Property at the time of Grantee's consent to the inconsistent use; and (3) the fair market value of the Real Property at the time of the Grantee's consent to the inconsistent use shall not take into consideration any encumbrances imposed on or alterations made to that land as a result of the original state grant and other grants if such �N Page 2 of 7 encumbrances or alterations reduce the value of the Real Property from what it would be without them. For purposes of this Deed, the Project Agreement includes any amendments thereto that occurred prior to or may occur subsequent to the execution of this Deed. This Deed contains covenants running with the land and shall be binding upon the Grantor, its successors and assigns, and upon any person acquiring the Property, or any portion thereof, or any interest therein, including a leasehold interest, whether by operation of law or otherwise. If the Grantor sells all or any portion of its interest, the new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be subject to applicable covenants and requirements under the Deed. This Deed may not be removed or altered from the Real Property unless specific approval has been granted by the Washington State Recreation and Conservation Office and/or the Washington State Salmon Recovery Funding Board or its successors. The Washington State Recreation and Conservation Office and the Washington State Salmon Recovery Funding Board and/or its successors shall each have a separate and independent right to enforce the terms of this Deed. REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW Page 3 of 7 y,� GRANTOR: Jefferson Name: 4f -�e 4 ki Title: CL(t-&� of c Dated this ____- day of 20 fi 7 STATE OF WASHINGTON ) _ ) ss COUNTY OF S,RPkd&1 ) I certify that I know or have satisfactory evidence that W'o'k ,�>K h is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledge it as the s:19oo"7N ZiY- for the Grantor, T - P, ai Coo4-L-,-, and to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 16 Y 11 q ->; __q�rto Signed: L �, ' 22 r r' iv Notary Public in and for the State of Washington, y 1" - • - 09op 10Z residing in ra ar Cd�►s-, tt _ �� 9,� �+ 3.29 OP My commission expires 29 .2 2- �� ti�WA,,�,����`` REMAINDER OF PAGE IS INTENTIONALLY BLANK; ADDITIONAL SIGNATURE PAGE FOLLOWS Page 4 of 7 f�i GRANTEE: STATE OF WASHINGTON, acting by and through THE WASHINGTON STATE SALMON RECOVERY FUNDING BOARD, administered by the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE By: Name: �� 7 ,✓� d6�-ar' + Title: s Dated this day of AA%=" -,r , 20_6— STATE OF WASHINGTON ) ' ! ) ss COUNTY OF I certify that I know or have satisfactory evidence that Sez+T."YM is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stat that ( els e) wa s • ut�h,P to execute the instrument and acknowledge it as the V for the Recreation and Conservation Office and to be 1he free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: tile -27, �j Signed: U Lj Notary Public in and for the State of Washington, residing in JNJAM*1 cp� My commission expires 7—, l – 24 Page 5 of 7 EXHIBIT A Legal Description Lots 15, 17, 18, 19 and 20 in Block 5 of Plat of Quilcene, as per plat recorded in Volume 2 of Plats on Page 33, records of Jefferson County. Situate in the County of Jefferson, State of Washington. Assessor's Parcel Nos. 991 200 505 and 991200 503 The lands herein described contain an area of 0.66 acres, more or less. Page 6 of 7 ST'S EXHIBIT B Property Map Lower Big Quficene Floodplain Acquisitions, Project #16-1484C Bochat Property rramant Ave l 0 50 100 200 Feat ' Map created 08/14/2019 by Jefferson County. Sponsor: Jefferson County^1 Bochat Property (0.66 General location purposes only. Page 7 of 7 5�� i ■ ■ i . • r t • � r i f f � i r rramant Ave l 0 50 100 200 Feat ' Map created 08/14/2019 by Jefferson County. Sponsor: Jefferson County^1 Bochat Property (0.66 General location purposes only. Page 7 of 7 5�� V66t615 Sheridan Street Port Townsend, WA 98368 ton www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt September 9, 2019 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Director, Environmental Public Health Tami Pokorny, Natural Resources Program Coordinator DATE: tom. 14, 2019 SUBJECT: Agenda Item — Recreation and Conservation Office — Deed of Right for Parcels #991-200-505 and #991-200-503; Upon signature — perpetuity STATEMENT OF ISSUE: Jefferson County Public Health, Natural Resources Program requests Board approval of the Recreation and Conservation Office — Deed of Right for parcels #991-200-505 and #991-200-503; Upon signature — perpetuity. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: This Deed of Right ensures that the County shall not use or allow any use of the property that is inconsistent with salmon recovery purposes. The County must also allow public access to the property and must accept restrictions and inspections by the State for compliance with the terms of the Deed and Project Agreement. FISCAL IMPACT/COST BENEFIT ANALYSIS: This property's acquisition, and planned restoration, are funded by grants from the RCO Salmon Recovery Funding Board (#16-1480) and the Department of Ecology totaling $238,737. There is no impact to the general fund. RECOMMENDATION: JCPH management request approval of the Recreation and Conservation Office — Deed of Right for parcels #991-200-505 and #991-200-503; Upon signature — perpetuity. REV rE ED BY: GL% Philip Morl , Cc&Cy Admokwafor Date Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Always working for a safer and healthier community Environmental Public Health 360-385-9444 (f) 360-379-4487 Public Flealt�i r,7 SEP 10 2019 I'll 11 CONTRACT REVIEW r M f UA I S So 10 '7 u.•s CONTRACT WITH: WA State Recreation and Conservation Office TRACKING NO.: WQ-19-169 (Contractor/Consultant) CONTRACT FOR: Deed of Right for Parcels 991-200-509& 991-200-505 TERM: Upon Signature - Perpetuity COUNTY DEPARTMENT: Jefferson County Public Health For More Information Contact: Tami Contact Phone #: x498 RETURN TO: Jenny RETURN BY: ASAP (Person in Department) (Date) AMOUNT: $238,737 Revenue Expenditure Matching funds Required Source(s) of Matching Funds Step l: �( APPROVED FORM Comments REVIEW PROCESS: ® Exempt from Bid Process ❑ Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Works Roster ❑ Vendor List Bid ❑ RFP or RFQ ❑ Other - MOU ❑ Re n Ked for revision (See Comments) Step 2: REVIEW BY OS ING ATTORNEY Review by: Philip C. Hunsucker Date Reviewed: Chief Civil Deputy Prosecuting Attorney /APPROVED AS TO FORM'Returned for revision (See Comments) Comments S4,ono K t & K -c b 4440 Qed Le- At u/,'A dM W$ Step 3: (If regdlred) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit original Contract(s), Agenda Request, and Contract Review form. Also, please send 2 copies of just the Contract(s) (with the originals) to the BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)