HomeMy WebLinkAbout090820_ca08615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Consent Agenda
Public Healt August 21, 2020
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Pinky Mingo, Environmental Public Health Director
Tami Pokorny, Natural Resources Program Coordinator
DATE: September 8, 2020
SUBJECT: Agenda Item — Ruby Ranch Conservation Project Grant Agreement;
Upon Signature — July 13, 2023; $108,213
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of the Ruby Ranch Conservation Project Grant Agreement;
Upon Signature — July 13, 2023; $108,213
ANALYSIS/STRATEGIC GOALS/PRO'S and CONS:
This project was originally approved for Conservation Futures funding by the Jefferson County Board of
Commissioners (BoCC) on October 1, 2018. In the 2020 funding cycle, this project was presented to the
Conservation Futures Committee on April 7, 2020. Committee members reviewed a site visit video, scored and
ranked the project and voted on April 28, 2020 to recommend it for funding by the BoCC. Funding
recommendations were presented to the BoCC on June 8, 2020. The BoCC held a public hearing and voted to
award funding to the Ruby Ranch Conservation Project on July 13, 2020. Jefferson Land Trust, as the project's
sponsor "Sponsor", will perform the following tasks in order to implement the Ruby Ranch Conservation Project
Task 1: Acquire Matching Contribution
Sponsor will secure the necessary matching contribution of no less than seventy-two percent (72%) of the total
project cost. The match must be in an eligible form consistent with JCC 3.08.030(5).
Deliverable 1a: Matching contribution(s) of no less than 72% of the total project cost.
Task 2: Acquire Conservation Easement
Sponsor will acquire a conservation easement on the subject property, APN#s 901254004 and 901361003 that
incorporates approved Conservation Futures Program language, including the language in item "C" of this
agreement.
Deliverable 2a: Estimated settlement statement (HUD-1)
Deliverable 2b: Recorded grant of conservation easement deed.
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Task 3: Stewardship
Sponsor will provide a plan for stewardship.
Deliverable 3a: Electronic copy of stewardship plan.
Task 4: Reporting
Sponsor will monitor and report on the property as described in item "Y 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.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The total grant award provided by the Conservation Futures Fund (CFF) for the Project shall not exceed
$108,213 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 seventy-two (72%) percent of the total Project cost
and all Project costs in excess of $108,213.
RECOMMENDATION:
JCPH Management recommends BOCC signature for the Ruby Ranch Conservation Project Grant Agreement
with Jefferson Land Trust; Upon Signature — July 13, 2023; $108,213
REVIEW BY: ,
d
Mark McCa , Acting County Almini rator Date
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360 385-9400 !tj 360 379-4487
360 385 940I {11 Always working for a safer and healthier community
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: Jefferson Land Trust
Project Title: Ruby Ranch Preservation
Contract Number: EH-20-196
Approval: Resolutions Nos. 45-018 and 45-20
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). Jefferson Land Trust will
implement a Conservation Futures (CF) Program project to acquire a grant deed of conservation
easement (Exhibit B) for the 60-acre property known in the records of the Jefferson County Assessor
as APN#s 901254004 and 901361003 and as described in the 2020 Conservation Futures project
application for the Ruby Ranch Preservation Project (Exhibit C), which supersedes the 2018 CF
application for the same property, and 2020 Conservation Futures Program Manual (Exhibit D), and
as authorized by Resolution Nos. 45-018 and 45-20 (Exhibit E). The grant deed of conservation
easement will prevent subdivision while allowing for agricultural uses, sustainable forest
management, and habitat protections. Language is included to protect the County's interests and
conservation values, including:
Grantee's costs of acquiring this Easement were provided in part by grant funding from 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, 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 any interest acquired hereby. Consistent
with Jefferson County Code Section 3.08.030(9), this Easement shall not be converted to a
different use unless and only if other equivalent lands or interest in lands within Jefferson
County are received by Grantee in exchange.
D. Periods of Performance
The Project reimbursement period for acquisition expenses shall begin on October 18, 2018 and end
on July 13, 2023 unless proof of match is provided prior to this date. Work performed consistent with
this Agreement during its term, put prior to the adoption of this Agreement, is hereby ratified.
Annual reporting is required every December beginning in 2020 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 $108,213 and Jefferson County CFF shall not pay any amount beyond that approved herein
Ruby Ranch Preservation
for funding of the Project. The Sponsor shall be responsible for no less than seventy-two (72%)
percent of the total Project cost and all Project costs in excess of $108,213. 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
O & M
Totals
% Match
Ruby Ranch — Conservation
Futures
$108,213
$0
$108,213
28%
Project Sponsor Contribution
$284,130
$0
$284,130
72%
Totals
$392,343
$0
$392,343
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.
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 and hold harmless the County, its past or present employees,
officers, agents, elected or appointed officials or volunteers (and their marital
communities), from and against all claims, losses or liability, or any portion thereof,
including reasonable attorney's 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:
If and only if the Sponsor employs any person(s) in the status of employee or employees
Ruby Ranch Preservation 2
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.
It is agreed by the parties that insurers shall have no right of recovery or subrogation
Ruby Ranch Preservation
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.
Ruby Ranch Preservation 4
L. Compliance with Applicable Statutes, Rules, and Jefferson County Policies
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal
laws and regulations, including RCW 84.34.210, and published agency policies, which are
incorporated herein by this reference as if fully set forth.
M. Sponsor's Accounting Books and Records
The Sponsor shall maintain complete financial records relating to this contract and the
services rendered including all books, records, documents, receipts, invoices, and all other
evidence of accounting procedures and practices which sufficiently and properly reflect all
direct and indirect cost of any nature expended in the performance of this contract. The
Sponsor's records and accounts pertaining to this agreement are to be kept available for
inspection by representatives of the County and state for a period of ten (10) years after the
date of the final payment to Sponsor. Copies shall be made available upon request.
N. Licensing, Accreditation and Registration
The Sponsor shall comply with all applicable local, state and federal licensing, accreditation,
permitting, and registration requirement/standards necessary for the performance of this
contract.
O. Disputes
Except as otherwise provided in this contract, when a bona fide dispute arises between
Jefferson County and the Sponsor and it cannot be resolved, either party may request a
dispute hearing with a mediator assigned by or associated with Jefferson County District
Court. Either party's request for a dispute hearing must be in writing and clearly state:
a. the disputed issue(s),
b. the relative positions of the parties, and
c. the Sponsor's name, address and Agency contact number
These requests must be mailed to the Project Manager, Jefferson County Environmental
Public Health Department, 615 Sheridan St., Port Townsend, WA 98368, within fifteen (15)
days after either party received notice of the disputed issue(s). The parties agree that this
dispute process shall precede any action in a judicial or quasi-judicial tribunal. The parties
will split evenly the cost of mediation or whatever form of dispute resolution is used.
P. Termination for funding
Jefferson County may unilaterally terminate this contract in the event funding from state,
federal, or other sources are withdrawn, reduced, or limited in any way after the effective date
of this contract.
Q. Termination for Convenience
The County reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Sponsor.
R. Assignment
The Sponsor shall not sublet or assign any interest in this Agreement, and shall not transfer
any interest in this agreement without the express written consent of the County.
T. Non -Waiver
Waiver by the County of any provision of this agreement or any time limitation provided for
in this agreement shall not constitute a waiver of any other provision.
U. County Does Not Assume Additional Duties
The County does not assume any obligation or duty, except as required by federal or state
law, to determine if Sponsor is complying with all applicable statutes, rules, codes ordinances
or permits.
Ruby Ranch Preservation
V. Agreement Representatives
All written communications sent to the Sponsor under this Agreement will be addressed and delivered
to:
Sponsor Contact
Sarah Spaeth, Director of Conservation
Jefferson Land Trust
1033 Lawrence St.
Port Townsend, WA 98368
Conservation Futures Program Contact
Tami Pokorny
Jefferson County Environmental
Public 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 Ruby Ranch Preservation 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.
F r
DATED this day of �' ��" , 20.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Ruby Ranch Preservation
SIGNATURE PAGE
Jefferson Land Trust
Name of Sponsor
Contractor Representative (Please print)
(Signature)
Title
Date
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kate Dean, Chair
David Sullivan, Member
Greg Brotherton, Member
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Ruby Ranch Preservation
APPENDIX A
Scope of Work
Jefferson Land Trust, as project sponsor "Sponsor", will perform the following tasks in order to
implement the Ruby Ranch Preservation Project:
Task 1: Acquire Matching Contribution
Sponsor will secure the necessary matching contribution of no less than seventy-two percent (72%) 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 72% of the total project cost.
Task 2: Acquire Conservation Easement
Sponsor will acquire a conservation easement on the subject property, APN#s 901254004 and
901361003 that incorporates approved Conservation Futures Program language, including the
language in item "C" of this agreement.
Deliverable 2a: Estimated settlement statement (HUD-1)
Deliverable 2b: Recorded grant of conservation easement deed.
Task 3: Stewardship
Sponsor will provide a plan for stewardship.
Deliverable 3a: Electronic copy of stewardship 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.
Ruby Ranch Preservation
Exhibit B
Final Draft Grant Deed of Conservation Easement
Ruby Ranch Preservation
AFTER RECORDING RETURN TO:
Jefferson Land Trust
1033 Lawrence Street
Port Townsend, WA 98368
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet
(RCW 65.04
Document Title(s) (or transactions contained therein):
Grant Deed of Conservation Easement
Reference Number(s) of Documents assigned or released:
Additional reference numbers on page(s) of document.
Grantor(s) (Last name, first name, initials)
1. Goularte, Joseph P., Jr.
2. Goularte, Valerie A.
❑ Additional names are on page(s) of document.
Grantee
Jefferson Land Trust
❑ Additional names are on page(s) of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Ptn S1/2 SE & S43' N1/2 SE W Of Rd 25-29-1W & N1/2 N1/2 Ne W Of Rd 36-29-12
❑Additional legal description is on page(s) 31 of document.
Assessor's Property Tax Parcel Numbers
901254004 and 901361003
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
GRANT DEED OF CONSERVATION EASEMENT
This GRANT DEED OF CONSERVATION EASEMENT ("Easement") is made by JOSEPH P.
GOULARTE, JR. and VALERIE A. GOULARTE, husband and wife, having an address of 5795
Beaver Valley Road, Chimacum WA 98325 ("Granting Owner" and "Owner"), in favor of
JEFFERSON LAND TRUST, a Washington nonprofit corporation, having an address of 1033
Lawrence Street, Port Townsend WA 98368 ("Grantee"); (collectively "Parties").
RECITALS
1.1. Granting Owner is the owner in fee simple of the certain real property (hereinafter, the
"Property") located in Jefferson County, Washington, more particularly described in
Exhibit "A" (Legal Description) and shown on Exhibit "B" (Site Map), which are attached
to this instrument and incorporated herein by this reference. The Property consists of
approximately 61 acres in two tax parcels and is commonly known as "Ruby Ranch".
1.2. The Property possesses significant agricultural values, wetlands and associated habitat
values, and riparian habitat values associated with Chimacum Creek, a salmon -bearing
stream, of great importance to Granting Owner, Grantee, the people of Jefferson County,
and the people of the State of Washington (collectively, "Conservation Values"). The
Conservation Values include agricultural productivity; prime, unique, and important
agricultural soils; aquifer recharge; a channelized portion of Chimacum Creek and its
associated riparian habitat; the size of the commercially productive portion of the
Property; existing and potential economic productivity; and the viability of the site for
continued agricultural production, including farm -to -market access, proximity to roads
and utilities, water availability, and drainage.
1.3. The Property consists primarily of farmland (as defined in RCW 79A.15.010(4)) whose
Semiahmoo muck soils have been classified by the State of Washington as "prime
farmland if drained".
1.4. The Conservation Values are documented in an inventory of relevant features of the
Property on file at the office of -Grantee and incorporated herein by this reference
("Baseline Documentation"). The Baseline Documentation consists of reports, maps,
photographs, and other documentation that provide, collectively, an accurate
representation of the Property at the time of this grant and which is intended to serve as
an objective information baseline for monitoring compliance with the terms of this grant.
The Parties have reviewed, signed to indicate approval, and acknowledge that the
Baseline Documentation is complete and accurate as of the date of this Easement. The
Parties further agree that within three (3) months of the execution of this Easement, a
collection of additional Baseline Documentation may be compiled by Grantee and
incorporated into this Easement by this reference upon signing by the Parties to indicate
approval. Failure to timely compile the additional Baseline Documentation shall not affect
the enforceability or this Easement or any of its provisions. The Baseline Documentation
may be used to establish that a change in the use or condition of the Property has
occurred, but its existence shall not preclude the use of other evidence to establish the
condition of the Property as of the date of this Easement. Grantee may use the Baseline
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 2
Documentation in enforcing provisions of this Easement but is not limited to the use of
the Baseline Documentation to show a change in the use or condition of the Property.
1.5. The legislatively declared policies of the State of Washington in the Washington State
Open Space Tax Act, Chapter 84.34 RCW (OSTA), provide that "it is in the best interest
of the state to maintain, preserve, conserve, and otherwise continue in existence
adequate open space lands for the production of food, fiber and forest crop, and to assure
the use and enjoyment of natural resources and scenic beauty for the economic and
social well being of the state and its citizens." Pursuant to this legislative directive,
Jefferson County has adopted an Open Space Tax Program, Resolution No. 82-91, that
recognizes the importance of and provides preferential tax treatment for the following
natural and scenic resources that occur on the Property: wildlife corridors, floodplain and
aquifers; prime farmland soils; and opportunities to promote conservation principles by
example.
1.6. The Parties agree that, in order to maintain the opportunity for agricultural activity upon
the Property pursuant to RCW 79A.15.130(1), it is appropriate to include in this Easement
any and all adjudicated and unadjudicated water rights, whether appropriative or riparian,
including but not limited to ditches and ditch rights, springs and spring rights, reservoir
and reservoir rights, wells and,; groundwater rights, water allotments, units or shares,
memberships, shares, or rights to receive water from any water company, ditch company,
or irrigation district, permits, certificates, or claims under RCW Chapter 90.14, and any
other types of rights related to the ownership of water, appurtenant to or customarily or
historically used or associated with or upon the Property ("Water Rights or Claims"). For
purposes of this Easement, the Water Rights or Claims shall also include any and all
rights associated with the historical and beneficial use of any of the structures that are
appurtenant to those water rights, together with all easements and rights of way therefor.
1.7. The Parties intend that the Conservation Values be preserved and maintained in
perpetuity by permitting only those land uses on the Property that do not impair or
interfere with the Conservation Values.
1.8. Granting Owner, as owner of the Property, has the right to protect and preserve the
Conservation Values, and desires and intends to transfer such rights to Grantee in
perpetuity.
1.9. The United States of America, through the Department of the Navy (the "Government"),
operates Naval Magazine Indian Island in Jefferson County, Washington, and Naval
Base Kitsap Bangor in Kitsap County, Washington (the "Installations"), in the vicinity of
the Property. The Government and Grantee (Jefferson Land Trust) entered into an
agreement identified as Multi -Year Encroachment Protection Agreement Number
N4425511RP00034 as amended, whereby Grantee agreed to accomplish the
acquisition of certain real property interests in the vicinity of the Installations for
purposes that are consistent with the objectives of the Government and Grantee. The
Government's objective of preventing incompatible land uses and development in the
vicinity of the Installations and the protection of the Conservation Values of the
Property, as identified herein, is consistent with Grantee's mission and objectives.
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
Pg. 3
1.10. The Parties acknowledge there will be two easements restricting land uses on
the Property: (1) this Grant Deed of Conservation Easement held by Grantee (the "Land
Trust Easement"); and (2) a Deed of Restrictive Easement held by the Government.
The Parties further acknowledge that the Land Trust Easement and the Deed of
Restrictive Easement are for different, as well as similar and complementary purposes
and that, accordingly, these two instruments prohibit, permit, and regulate certain
different uses and activities. If there is a conflict or ambiguity with regard to the terms
and conditions of the Land Trust Easement and the terms and conditions of the Grant
Deed of Restrictive Easement, the more restrictive term or condition shall apply.
CONVEYANCE AND CONSIDERATION
2.1. For the reasons stated above, and in consideration of the mutual covenants, terms,
conditions and restrictions contained herein, and pursuant to the laws of Washington and
in particular RCW 64.04.130 and RCW 84.34210, Granting Owner hereby voluntarily
grants, conveys, and warrants, to Grantee and Grantee hereby accepts a conservation
easement in gross in perpetuity over the Property, consisting of the rights in the Property,
hereinafter enumerated, subject only to the title matters set forth in Exhibit C (Permitted
Exceptions), which is attached to this instrument and incorporated herein by this
reference.
2.2. Grantee's costs of acquiring this Easement were provided in part by grant funding from
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, 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 any interest acquired
hereby. Consistent with Jefferson County Code Section 3.08.030(9), this Easement
shall not be converted to a different use unless and only if other equivalent lands or
interest in lands within Jefferson County are received by Grantee in exchange.
2.3. This conveyance is a conveyance of an interest in real property under the provisions of
RCW- 64.04.130.
2.4. Granting "<Owner expressly intends that this Easement runs with the land and that this
Easement shall be binding upon Granting Owner's and Grantee's successors and
assigns in perpetuity.
PURPOSE
3.1. Purpose. The Purpose of this Easement is to protect the Conservation Values of the
Property forever and prevent any use of the Property that will impair or interfere with its
Conservation Values, thereby maintaining the opportunity for agricultural activity upon the
Property pursuant to RCW 79A. 1 5.130(l).
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 4
3.2. Stewardship Plan. To further the Purpose of this Easement, the Parties may develop a
plan for stewardship of the Property, subject to the approval of the parties to the
stewardship plan ("Approved Stewardship Plan"). An Approved Stewardship Plan that is
effective as of the date of any change of ownership shall become an interim plan that will
be valid for 90 days following the date of conveyance of the Property. Grantee shall meet
with the new owner during such 90-day period for the purpose of reviewing the Approved
Stewardship Plan with the new owner and determining whether such plan should be
extended or revised; any extension or revision of an Approved Stewardship Plan must be
approved in writing by the Grantee and the new owner. An Approved Stewardship Plan
does not confer upon Owner or Grantee any rights inconsistent with the provisions of this
Easement, and any conflict between any provision of an Approved Stewardship Plan and
any provision of this Easement shall be resolved in favor of this Easement.
3.3. Interpretation of the Easement
3.3.1. The Parties intend that this Easement be interpreted in a manner consistent with
its Purpose.
3.3.2. The Parties intend that this Easement be interpreted to confine Owner's use of the
Property to those activities that are consistent with the Purpose and terms of this
Easement. At the same time, the Parties intend, and this Easement is structured,
to give Owner maximum flexibility and discretion to undertake activities that are
consistent with the Purpose and terms of this Easement.
3.4. No Public Rights Conveyed Through Easement. The Parties acknowledge that, except
as specifically provided herein, Granting Owner does not grant, expand, or extend any
rights to the general public through this Easement, including without limitation, any rights
of public access to, on or across, or public use: of, the Property.
RIGHTS CONVEYED TO GRANTEE
To accomplish the Purpose of this Easement, the following rights are conveyed to
Grantee by this Easement:
4.1. Protection. Grantee shall have the right to identify, protect, preserve, maintain and
conserve in perpetuity and to enhance, restore, or improve by mutual agreement the
Conservation Values of the Property.
4.2. Access by Grantee. As provided for and limited herein, Granting Owner hereby grants
to Grantee reasonable and non-exclusive access at reasonable times across the Property
solely for the purposes of fulfilling Grantee's obligations under this Easement and
exercising its affirmative rights under this Easement. Specifically, Grantee shall have the
right:
4.2.1. To enter upon, inspect, observe, and study the Property, with such persons as
Grantee may require, at mutually agreeable dates and times and upon reasonable
prior notice to Owner, for the purpose of (a) identifying the current uses and
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 5
practices on the Property and the condition of the Property, and (b) monitoring the
uses and activities on the Property to determine whether they are consistent -with
this Easement.
4.2.2. To enter upon the Property, at a mutually agreeable date and time and upon prior
notice to Owner, to inspect the Property after major natural events occur, such as
fires, windstorms, or floods.
4.2.3. To enter upon the Property at such other times as are necessary if there is reason
to believe that a violation of the Easement is occurring, for the purposes of
enforcing the provisions of this Easement. Prior to entry, Grantee must provide
Owner notice, and describe the basis of the reasonable belief that a violation is
occurring on the Property.
4.2.4. Grantee shall exercise its access rights in compliance with applicable law and in a
manner that will not materially disturb or interfere with Owner'sreserved rights,
any other person's lawful use of the Property, or; Owner's quiet enjoyment of the
Property.
4.2.5. Owner shall not unreasonably withhold or delay its consent to dates and times of
access proposed by Grantee.
4.3. Development Rights. Granting Owner hereby grants to Grantee all development rights
except as specifically reserved herein, and the Parties agree that such rights are
extinguished and may not be used on or transferred off of the Property as it now or
hereafter may be bounded or described, or to any other property adjacent or otherwise,
or (except as expressly permitted herein) used for the purpose of calculating permissible
lot yield or density of the Property or any other property.
4.4. Injunction and Restoration. Grantee shall have the right to prevent, or cause Owner to
prevent, any use of, or activity on, the Property that is inconsistent with the Purpose and
terms of this Easement, including trespasses by members of the public, and shall have
the right to undertake or cause to be undertaken the restoration of such areas or features
of the Property as may be materially damaged by activities contrary to the provisions
hereof, all in accordance with Section 9.
4.5. Enforcement. Grantee shall have the right to enforce the terms of this Easement, in
accordance with Sections 8 and 9.
4.6. Assignment. "'Grantee shall have the right to assign, convey, or otherwise transfer
Grantee's interest in the Property in accordance with Section 13.
4.7. Signage. Grantee shall have the right to erect and maintain a sign or other appropriate
marker on the Property bearing information indicating that the Property is protected by
this Easement held by Grantee. The location and design of the sign shall be determined
by mutual consent of Owner and Grantee, which consent shall not be unreasonably
withheld. Grantee shall be responsible for the costs of erecting and maintaining such sign
or marker.
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 6
PERMITTED USES
5.1. General. Granting Owner reserves for Granting Owner and Granting Owner's successors
and assigns, any and all rights not otherwise conveyed to Grantee under this Easement
and any and all uses of, or activities on, the Property that are not inconsistent with the
Purpose and terms of this Easement, and that are not prohibited herein. Without limiting
the generality of the foregoing, Granting Owner specifically reserves for Granting Owner
and Granting Owner's successors and assigns the following uses and activities, which
shall be considered permitted uses and activities under the Easement.
5.2. Agricultural Activities. Owner may engage in, and allow others to engage in,
Agricultural Activities (as defined below) on the Property, as further provided for and
limited in this Section and in Section 6.
5.2.1. As used herein, "Agricultural Activities" shall mean the commercial production of
horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products,
including but not limited to crops commonly found in the community surrounding the
Property, field crops, fruits, vegetables, horticultural specialties, livestock or livestock
products, or the commercial production of berries, grain, hay, straw, seed, or
Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through
84.33.140, and all conditions and activities occurring on a farm in connection with
such commercial production, including,`but not limited to, marketed produce at
roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery
and irrigation pumps; movement, including, but not limited to, use of current county
road ditches, streams, rivers, canals, and drains, and use of water for agricultural
purposes; ground and aerial application of seed, fertilizers, conditioners, and plant
protection products; employment and use of labor; roadway movement of equipment
and livestock; protection from damage by wildlife; prevention of trespass; and
construction and maintenance of buildings, fences, roads, bridges, ponds, drains,
waterways, and similar features and maintenance of streambanks and watercourses.
5.2.2. Agricultural Activities shall also include such "Accessory Uses," as defined in RCW
36.70A.177(3)(b), that are related to the permitted Agricultural Activities on the
Property, that maintain the primacy of, and are subordinate to, the farmland character
and use of the Property, that are compatible with the Conservation Values, and that
provide supplemental income. No structures for Accessory Uses may be erected
outside the Building Envelope.
5.2.3.All Agricultural Activities shall be carried out in accordance with applicable law and
in compliance with the Purpose and terms of this Easement. Owner retains discretion
over the specific character and content of the management decisions and practices
necessary to identify, protect, preserve, maintain and conserve in perpetuity and to
enhance, restore, or improve the Conservation Values consistent with the Purpose
and terms of this Easement.
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 7
5.3. Forestry Activities. Within a portion of the Property depicted in Exhibit B, not to exceed
ten (10) acres in area, Owner may engage in, and allow others to engage in, Forestry
Activities (as defined below), as further provided for and limited in this Section. As used
herein, "Forestry Activities" shall mean the production of timber and other forest resource
products and all conditions and activities occurring on forest resource lands in connection
with such production, for Owner's personal use or for commercial sales, including without
limitation: noise; odors; dust; fumes; operation of machinery; milling of timber harvested
on the Protected Property for Owner's personal use; ground and aerial application of
seed, fertilizers, conditioners, and plant protection products; employment and use of
labor; roadway movement of equipment and products; protection from damage by wildlife;
prevention of trespass; and construction and maintenance of fences, roads, bridges,
ponds, drains, waterways, and similar features and maintenance of streambanks and
watercourses. Owner may remove trees from anywhere in the Protected Property when
required for safety, fire protection, salvage purposes, pest control, disease control,
restoration, domestic use, or as necessary to benefit Agricultural Activities. All Forestry
Activities shall be carried out in accordance with applicable law, in compliance with the
Purpose and terms of this Easement, and in accordance with an approved Stewardship
Plan.
5.4. Stewardship Activities. Owner may engage in, and allow others to engage in, any
activity to monitor, protect, restore and maintain the Conservation Values, including
without limitation, habitat restoration, enhancement, and management activities, with
prior written notice to and consent of Grantee and pursuant to any Approved Stewardship
Plan covering the Property and agreed to by the parties to the Stewardship Plan.
5.5. Maintenance and Construction of Buildings and Other Structures
5.5.1.Building Envelope Uses and Improvements. There shall be no more than one (1)
building envelope within the Property. A portion of the Property, as depicted on the
Survey and comprising approximately three and one-half (3.5) contiguous acres in
area as shown on Exhibit B herein, is designated the "Building Envelope" for
Agricultural and Non -Agricultural uses and structures. For personal, residential and
domestic uses and activities within the Building Envelope and for the purpose of
conducting any home -based business permitted by applicable law, Owner reserves
the right, subject to the limitation on Impervious Surfaces in Section 6.5.1 of this
Easement, to use, maintain, repair, reconstruct, expand, or replace the existing
single-family dwelling unit and the right to install, build, or construct, to use, to
expand, enlarge, maintain, repair, replace, or decommission accessory dwelling
units ("ADUs") as permitted by applicable law. As permitted by applicable law,
Ttemporary seasonal accommodations for farm workers are not considered to be
permanent dwelling units and must be located within the Building Envelope identified
herein. Additionally, within the Building Envelope, Owner reserves the right, subject
to the said limitation on Impervious Surfaces, to use, maintain, repair, reconstruct,
expand or replace existing outbuildings, and the right to install, build, or construct,
expand, enlarge, maintain, repair, replace, or decommission additional barns,
outbuildings and other structures, as permitted by applicable law ("Other Residential
Improvements"). Owner may install, build, or construct, expand, enlarge, maintain,
repair, replace, or decommission wind, solar, or other alternative energy installations
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 8
within the Building Envelope whose primary purpose is generating energy for
permitted uses on the Property; which may include foundations, concrete pads and
footings; wind turbine units; photovoltaic panels, guy wires, support fixtures, anchors
and fences; buildings needed for maintenance of wind turbine or other alternative
energy production units and maintenance and storage of related equipment;
electrical transformers and energy storage facilities; electric transformers, electric
distribution and transmission towers and lines either above ground or underground;
substations or switching facilities for the purpose of connecting to transmission
system; and any other items necessary to the successful and secure use of any area
of the Property within the Building Envelope for the production of wind, solar, or other
alternative source of energy.
5.6. Farm Uses and Improvements. Owner may use the Property for agricultural uses
allowable under applicable law and not prohibited under this Easement. Outside the
Building Envelope, any structure must be reasonably necessary for Agricultural
Activities (excluding Accessory Uses), in compliance with the total impervious surface
limit of Section 6.5.1, and any such structure may not permanently impair the availability
of the soil for agriculture. No Structure outside a Building Envelope may utilize a
concrete slab, poured concrete foundation, or similar components that would inhibit
returning the soil to Agricultural Activities if the structure is removed.
5.7. Other Improvements. Subject to the limitation on Impervious Surfaces in Section 6.5.1
of this Easement, Owner may maintain,repair, replace, or decommission structures,
fences, roads, driveways, ditches, gates, bridge and culvert crossings of Chimacum
Creek and its tributaries, and other permanent improvements ("Other Improvements")
described in the Baseline Documentation as existing' on the Property as of the Effective
Date of this Easement, provided that such activities related to existing Improvements
are carried out in compliance with the Purpose and terms of this Easement. Grantor
may construct, repair, replace, and maintain one additional bridge suitable for crossing
Chimacum Creek with agricultural equipment; the design of such bridge shall be
determined inconsultation with Grantee and constructed with materials that will
minimize impacts to salmonid and other habitat values associated with Chimacum
Creek and the Riparian Buffer. Such Other Improvements include utility systems and
underground utility corridors that support the Other Improvements, such as electric
power lines, septic systems, water storage and delivery systems, telephone and
communication cable systems, and the like. Owner may use, maintain and repair the
existing unpaved driveways that provide access to the Building Envelope from a county
road, as shown on the Survey, subject to the limitation on Impervious Surfaces in
Section 6.5.1, of this Easement. Outside the Building Envelope, Owner shall not expand
or enlarge Other Improvements existing on the Property as of the Effective Date, or
install, build, or construct new Other Improvements, except as specifically provided for
herein. Any well or septic system constructed after the Effective Date of this Easement
must be located entirely within the Building Envelope; provided, however, if it is not
practicable to do so, Owner may locate the well or septic system outside of the Building
Envelope. With notice to Grantee as provided for in Section 7, any well or septic
system located outside the Building Envelope must be in a location agreed upon by
both Owner and Grantee, and must include subsequent restoration of disturbances to
the soil and vegetation resulting from the construction.
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 9
5.8. Water Rights or Claims. The Parties agree that the Water Rights or Claims must be
maintained on the Property to ensure the protection of the Conservation Values. Owner
may exercise the Water Rights or Claims by putting them to any beneficial use that is not
inconsistent with the Purpose and terms of this Easement, and that is not prohibited
herein. Owner may maintain, repair, and if destroyed, reconstruct any existing facilities
relating to the Water Rights or Claims (such as ditches, ponds, wells, and reservoirs) with
notice to Grantee as provided for in Section 7, provided that such activities are carried
out in compliance with the Purpose and terms of this Easement. Owner may create water
impoundments and vegetated bioswales to store and treat water that enters the Property,
including but not limited to water that enters the Property through culverts and other
drainage mechanisms under the right-of-way for Beaver Valley Road / State Road 19. In
furtherance of the Purpose of this Easement, Owner shall cooperate with Grantee to help
assure the maintenance of the Water Rights or Claims. Except as expressly provided in
this section, Owner shall not transfer, encumber, sell, lease or otherwise separate the
Water Rights or Claims from the Property. Owner shall not abandon, relinquish or
otherwise lose or forfeit, by action or inaction, any of the Water Rights or Claims. Owner
shall take affirmative actions to avoid such abandonment, relinquishment, loss or
forfeiture, including but not limited to the following: i) exercising the Water Rights or
Claims by putting them to beneficial use in accordance with Chapter 90.14 RCW; ii)
seeking to place or enroll the Water Rights or Claims in the Washington State trust water
rights program on a temporary basis, provided that any acquisition of the Water Rights or
Claims by the State shall be expressly conditioned to limit its duration to a term no longer
than 10 years; or (iii) seeking to lease the Water Rights or Claims for use on land other
than the Property for a term no longer than 10 years, with prior written notice to and
consent of Grantee, after obtaining approval in accordance with RCW 90.03.380,
90.03.383, 90.03.390, or 90.44.100 for, a temporary transfer or change of the Water
Rights or Claims; provided, however, that any such lease shall require the lessee to make
beneficial use "of'the Water Rights or Claims in accordance with Chapter 90.14 RCW and
for Agricultural Activities only (collectively "Water Rights or Claims Maintenance Actions").
If Owner is unable to take the Water Rights or Claims Maintenance Actions and the Water
Rights or Claims are under threat of abandonment, relinquishment, loss or forfeiture,
Owner shall convey ownership of said Water Rights or Claims to Grantee for Grantee's
use in order to maintain the opportunity for agricultural activity on the Property. Any
relinquishment, loss or forfeiture of the Water Rights or Claims shall not be deemed or
construed to be a waiver of Grantee's rights under this Easement or to defeat the Purpose
of this Easement, and shall not otherwise impair the validity of this Easement or limit its
enforceability in any way.
5.9. Recreational or Educational Use.
Owner may engage in, and allow others to engage in, recreational or educational
activities on the Property. Recreational uses are limited to uses such as hiking,
horseback riding, and other forms of recreation that do not require site modification to
accommodate motorized, mechanical or electronic accessories. All forms of developed
recreation or recreation that adversely impact the Conservation Values are prohibited.
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 10
All recreational and educational activities on the Property shall be carried out in
compliance with the Purpose and terms of this Easement and any Approved
Stewardship Plan, and in a manner that maintains the primacy of, and remains
subordinate to, the farmland character and use of the Property.
5.10. Customary Rural Enterprises. Within the Building Envelope, Owner may
establish and carry out customary rural enterprises, provided said activities are
compatible with the Purpose of this Easement and agriculture uses of the Property and
are subordinate to the agricultural and residential use of the Property. Examples of
rural enterprises include but are not limited to, home occupations or cottage industries,
educational programming, professional offices within the home, child-care facilities,
nonprofit work, bed and breakfast lodging, craft production, and firewood distribution.
Enterprises which market petroleum or chemical products are prohibited. Enterprises
that require their own buildings are generally prohibited unless they are needed to
maintain the viability of the agricultural operationand enterprise.
5.11. Emergencies: Owner may undertake any activities that are necessary to protect
health or safety or prevent significant property damage on the Property or are required
by and subject to compulsion of any governmental agency; provided, however, that
Owner shall first reasonably attempt to notify Grantee prior to taking such action. If
Grantee cannot provide consent, with or without conditions, within such time as is
reasonable under the circumstances, Owner may proceed with such action without
consent.
PROHIBITED USES AND RESTRICTIONS ON PERMITTED USES
6.1. General. Any use of, or activity on, the Property inconsistent with the Purpose or other
terms of the Easement is prohibited, and Owner acknowledges and agrees that it will not
conduct, engage in, or permit any such use or activity. Without limiting the generality of
the foregoing, the following uses of, or activities on, the Property are either (a)
inconsistent with the Conservation Values and Purpose of this Easement and prohibited
herein or (b) limited as provided herein to make such uses or activities consistent with the
Conservation Values and Purpose of this Easement.
6.2. No Conversion to Incompatible Uses. Owner shall not convert the Property to industrial
or suburban/residential development or to any other use that is incompatible with
maintaining the opportunity for agricultural activity on the Property.
6.3. Limitations on Subdivision. Granting Owner hereby covenants and agrees the Property
shall be held, in fee, in perpetuity, as an indivisible tract of land. Owner shall not legally
or in a "de facto" manner subdivide the Property, which shall include, but not be limited
to, any subdivision, short subdivision, short plat, platting, binding site plan, testamentary
division, or other process by which the Property is divided into lots. Granting Owner
covenants and agrees any and all subsequent conveyances of the Property, regardless
of the number of underlying individual parcels encumbered by this Easement, shall be
conveyed as a single parcel. Any legal or de facto division, subdivision, partition, or
planned unit development of the Property is expressly prohibited. This prohibition on the
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 11
subdivision, partition, or planned unit development of the Property shall be binding on
Granting Owner, and Granting Owner's successors, heirs and/or assigns
6.4. Limitations on Agricultural Use.
6.4.1. The establishment or maintenance of a commercial feedlot is prohibited. For
purposes of this Easement, a commercial feedlot is defined as a permanently
constructed confined area or facility within which the land is not grazed or cropped
annually, and that is used to receive livestock that are confined solely for the
purpose of growing or finishing. However, seasonal confinement of animals raised
on the Property and year-round confinement for the commercial production of
livestock on the Property are expressly permitted. Furthermore, nothing in this
Section shall prevent Owner from leasing pasture for the grazing of livestock
owned by others.
6.4.2. Owner shall not engage in, or permit others to engage in, the commercial
production of cultivated marine or freshwater aquatic products on the Property
without the consent of Grantee.
6.5. Limitations on Improvements. Owner may build or rebuild Improvements only in a
manner consistent with the following absolute limit on Impervious Surfaces (as defined
below) and other Improvement -related limitations:
6.5.1. Impervious Surfaces Limitation.
6.5.1.1.As used herein,, "Impervious Surfaces" means hard surface areas that either
prevent or retard the entry of water into the soil mantle as under natural
conditions before development or that cause water to run off the surface in
greater quantities or at an increased rate of flow from the flow present under
natural conditions before development. Impervious Surfaces include, but are
not limited to, roofs, walkways, patios, driveways, parking lots, storage areas,
areas that are paved or made of packed or oiled earthen materials, or other
surfaces that similarly impede the natural infiltration of surface and storm water.
Impervious Surfaces do not include an open uncovered flow control or storage
area or water quality treatment facility, provided that the construction and
maintenance of such area or facility is consistent with the Purpose and terms of
this Easement.
6.5.1.2.The total area of the Property covered by Improvements of any kind and
Impervious Surfaces shall be limited to no more than two and one half percent
(2.5%) of the area of the Property; provided, however, that minor unenclosed
agricultural improvements such as corrals, hayracks, headgates, fences,
ditches, culverts, stock tanks, or other minor agricultural structures ("Minor
Agricultural Improvements") may be constructed or placed on the Property and
not count against this total impervious surface limit. The total area covered by
gravel shall be subject to this 2.5% limitation unless Owner obtains prior
consent from Grantee as provided in Section 7 to increase the percentage of
total surfaces covered by gravel above the 2.5% limitation; provided, however,
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 12
that the total amount of gravel shall never exceed six percent (6%) of the total
area of the Property.
6.5.2. Limitations on Building Envelope Improvements
6.5.2.1.Building Envelope Improvements for Agricultural Activities. For all Agricultural
Activities within the approximately 3.5-acre Building Envelope described and
shown on Exhibit "B", Owner may expand or enlarge Improvements existing on
the Property as of the Effective Date of this Easement and may install, build,
construct, expand, enlarge, maintain, repair, replace., or decommission
Improvements not existing as of the Effective Date of this Easement
6.5.2.2.Building Envelope Improvements for Nonagricultural Activities. For personal
and domestic uses and activities and other nonagricultural activities within the
Building Envelope, Owner may expand or enlarge Improvements existing on
the Property as of the Effective Date of this Easement and may install, build or
construct, expand, enlarge, maintain, repair, replace or decommission
Improvements not existing as of the Effective Date of this Easement if Owner
provides Grantee advance written notice of the proposed Improvements as
provided for in Section 7 ; provided, however, that the following shall require
notice to Grantee but shall not require consent: wind or solar energy
installations within the Building Envelope, which may include foundations,
concrete pads and footings; wind turbine or solar energy units; guy wires,
support fixtures, anchors and fences; buildings needed for maintenance of wind
turbine or solar energy units and maintenance and storage of related
equipment; electrical transformers and energy storage facilities; electric
transformers, electric distribution and transmission towers and lines either
above ground or underground; substations or switching facilities for the purpose
of connecting to a transmission system; private roads providing access from
public roads to the wind energy facilities; and any other items necessary to the
successful and secure use of any area of the Property within the Building
Envelope for the production of wind or solar energy.
6.5.3. Limitations on New Improvements Outside the Building Envelopes
6.5.3.1.Outside the Building Envelopes, Owner shall not expand or enlarge
Improvements existing on the Property as of the Effective Date or install, build,
or construct Improvements not existing as of the Effective Date, unless such
Improvements are consented to in writing in advance by Grantee as provided
for in Section 7 and such Improvements are either (a) Temporary in nature
(present on the Property for less than one year); or (b) Reasonably necessary
for Agricultural Activities (excluding Accessory Uses) in compliance with the
total impervious surface limit of Section 6.5.1; provided, however, that Owner
may expand or enlarge Minor Agricultural Improvements without providing such
notice or receiving such consent.
6.5.3.2.Nonagricultural Accessory Uses shall not be located outside the Building
Envelopes and shall not otherwise convert more than one acre of agricultural
land to nonagricultural uses.
6.5.3.3.Commercial signs, billboards, or other improvements installed, built or
constructed for the purpose of advertising nonagricultural activities or products
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
Pg. 13
are not allowed on the Property, except in connection with the sale or lease of
the Property or to state the conditions of access to the Property. Signage
consistent with the character of a working farm, and for Agricultural Activities,
is allowed on the Property.
6.6. Limitations on Mining: Owner shall not conduct, engage in, or permit the commercial
mining or commercial extraction of soil, sand, gravel, oil, natural gas, fuel, or any other
mineral substance, using any surface mining method.
6.7. Limitations on Alteration of Land. Owner shall not alter the surface of the land,
including, without limitation, grading, excavating or removing soil, sand, gravel, rock,
stone, aggregate, peat, or sod, except as provided below.
6.7.1. Notwithstanding anything in this Section to the contrary, water retention ponds may
be created, and soil, sand, gravel, rock, stone, aggregate, peat or sod may be
extracted without further consent from Grantee so long as such extraction is solely
for use on the Property, is in conjunction with permitted Agricultural Activities, is
revegetated promptly after extraction is complete, and is accomplished in a manner
that is consistent with the Purpose and terms of this Easement.
6.8. No Significant Erosion or Pollution. Owner shall not engage in any use or activity that
causes or is likely to cause significant soil degradation or erosion or significant
contamination or pollution of any soils or surface or subsurface waters on the Property.
6.9. Riparian Buffer. In order to protect the water quality and reduce the water temperature
of ditched Chimacum Creek as it flows through the Property, Owner agrees to maintain,
or allow to naturally revegetate or plant with noninvasive species a vegetated riparian
buffer (the "Riparian Buffer") extending no less than 15 feet in each direction from the
brow of the bank of Chimacum Creek. The general location of the Riparian Buffer is
shown on Exhibit B; provided however, that the Riparian Buffer shall move relative to the
natural movement, expansion, re -meander, or course change of Chimacum Creek. The
terms of this Section 6.9 are intended to provide additional protections for the Riparian
Buffer area. As such, notwithstanding any other provision of this Easement to the
contrary, activities or structures otherwise permitted by this Easement shall be permitted
in the Riparian Buffer only in accordance with an Approved Stewardship Plan and the
additional provisions of this Section 6.9. In the Riparian Buffer there shall be no
construction or placement of structures, housing, or grazing of livestock, disturbance of
soil, or removal of vegetation (including via mowing) except as may be reasonably
necessary for: (1) streambank or riparian restoration; (2) erosion control; (3) cutting and
removal of dead, disease -infested, insect -infested, or invasive trees and plants; (4)
removal of fallen trees that impede flow of Chimacum Creek, or (5) installation or
maintenance of fencing to exclude livestock from streams and riparian areas. Any such
allowable activity or disturbance within the Riparian Buffer shall be conducted to minimize
harm to the Riparian Buffer and the Conservation Values, especially the water quality of
Chimacum Creek. Manure and compost may not be stored, and pesticides, herbicides,
or fertilizers shall not be used or deposited within the Riparian Buffer without prior written
approval of Grantee. Roads, trails, or pathways are prohibited within the Riparian Buffer
without the prior written approval of Grantee. Motorized recreational uses are prohibited
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 14
in the Riparian Buffer. Should water bodies protected under this Easement meander or
move, the Riparian Buffer shall move in proportion to the movement of the water body.
However, should the Riparian Buffer move into an area that was previously outside of the
Riparian Buffer and where structures existed prior to the movement of the water body, the
existence of such structures shall not be considered a violation of this provision.
6.10. Limitations on Waste Disposal.
6.10.1.Owner may accumulate and store ashes, garbage or other waste ("Trash") on the
Property only if such accumulation occurs in the normal course of domestic or
Agricultural Activities on the Property. Long-term "accumulation of Trash (i.e.,
exceeding one calendar year in time) may occur within areas designated by Owner
with prior notice to and written consent of Grantee as long as such waste is either
destined for transfer off -site, or, in the case of biodegradable material, composted
on -site.
6.10.2.Owner shall not otherwise dispose of or Release (or permit the disposal or release
of) any Hazardous Substance on the Property. The term "Release" shall mean any
release, generation, treatment, disposal, dumping, burying, or abandonment. The
term "Hazardous Substance" shall mean any substances, materials, or wastes that
are hazardous, toxic, dangerous, or harmful or are designated as, or contain
components that are, or are designated as, hazardous, toxic, dangerous, or harmful
and/or which are subject to regulation as hazardous, toxic, dangerous, or harmful or
as a pollutant by any federal, state, or local law, regulation, statute, or ordinance,
including, but not limited to, petroleum or any "petroleum product. The term
"Hazardous Substances" shall not include , biosolids, herbicides, pesticides,
rodenticides, insecticides, and fertilizers applied in accordance with federal, state,
and local law. Any storage of Hazardous Substances shall be in accordance with
federal, state, and local law.
6.11. No Compensatory Mitigation. The creation, enhancement, restoration or preservation
of wetlands, fish or wildlife habitat, or other natural resources for the purpose of, directly
or indirectly, compensating for or mitigating resource losses or damages in any way
associated with actual or potential impacts of development except for impacts caused by
Owner on the Property ("Compensatory Mitigation") is prohibited on the Property.
Compensatory Mitigation includes, but is not limited to, mitigation banking, conservation
banking, and any other sale or exchange of mitigation credits based on the creation,
restoration, enhancement and/or preservation of such natural resources within the
Property.
6.12. Compliance with Regulatory Requirements. Owner shall conduct all reserved and
permitted uses and activities under this Easement to meet all requirements of federal,
state, and local statutes, rules, and regulations as they may be amended from time to
time.
6.13. Limitation on Transfers.
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
Pg. 15
6.13.1. For purposes of this Section, "Transfer" includes but is not limited to any sale,
grant, lease, hypothecation, encumbrance, assignment, conveyance, or any
transaction the purpose of which is to effect a sale, grant, lease, hypothecation,
encumbrance, assignment, or conveyance.
6.13.2. Except as provided in Section 6.13.3, Owner shall not undertake or permit any
Transfer of any rights in the Property without prior notice to and consent of Grantee
as provided for in Section 7; provided, however, that such consent shall not be
withheld unless Grantee determines that the proposed Transfer would be
inconsistent with the Purpose and terms of this Easement.
6.13.3. The following shall require notice to but shall not require consent of Grantee: i) Any
mortgage, deed of trust, or similar document providing security for an indebtedness
of Owner, provided that such security interest shall be subject and subordinate to
this Easement; ii) leases for telecommunications installations or wind energy
installations within the Building Envelopes, as provided for in Section 6.6.2.2; iii)
temporary transfers or leases of the Water Rights or Claims pursuant to Section
6.4.4; or iv) any gift, bargain, sale or deviseof fee simple absolute title to the Property.
6.13.4. This Easement shall not be transferred or conveyed to third parties unless the
document or instrument reflecting the transfer of title reflects a written provision or
clause providing that the Easement shall be continued in strict conformance with
Jefferson County Code at Section 3.08.030(9) and the uses authorized under RCW
84.34.230. This Easement 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 the Grantee in exchange. This section does
not prevent the grant of easements or franchises or the making of joint use
agreements or other operations compatible with the use of a project as provided for
in this section and authorized under RCW 84.34.230.
7. NOTICE AND CONSENT
7.1.''Notice.
7.1.1. Grantee. Certain provisions of this Easement require Grantee to give notice to
Owner prior to undertaking certain activities. Whenever such notice is required, and
no other timeline for notice is set forth elsewhere in this Easement, Grantee shall
provide such notice in writing not less than thirty (30) days prior to the date Grantee
intends to undertake the use or activity in question.
7.1.2. Owner. Certain provisions of this Easement require Owner to give notice to
Grantee prior to undertaking certain permitted uses and activities (e.g., Sections 5.5,
6.5.1.2, 6.5.2.2, 6.5.3.1 and 6.6). The purpose of requiring Owner to notify Grantee
prior to undertaking these permitted uses and activities is to afford Grantee an
adequate opportunity to ensure that the use or activity in question is designed and
carried out in a manner consistent with the Purpose of this Easement. Whenever
such notice is required, and no other timeline for notice is set forth elsewhere in this
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 16
Easement, Owner shall provide such notice in writing not less than ninety (90) days
prior to the date Owner 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 terms of this Easement and the
Purpose thereof
7.2. Consent
7.2.1. Consent Not Unreasonably Withheld. Wherever in this Easement a Party's
consent is required, such consent may be withheld only upon a reasonable
determination by the consenting party that the action as proposed would be
inconsistent with the Purpose or terms of this Easement and cannot be modified to
make the proposed action consistent with the Purpose and terms of this Easement.
Any consent may include reasonable conditions consistent with the Purpose and
terms of this Easement that must be satisfied in undertaking the proposed action,
use, or activity.
7.2.2. Timeline for Consent. Whenever in this Easement Owner's or Grantee's consent
is required, and no other timeline for consent is set forth elsewhere in this Easement,
the party whose consent is required shall grant or withhold its consent in writing within
the following time periods:
7.2.2.1.Owner. Where consent by Owner is required under this Easement, Owner shall
grant or withhold its consent within sixty (60) days of receipt of a written request
for consent.
7.2.2.2.Grantee. Where consent by Grantee is required under this Easement, Grantee
shall grant or withhold its consent within sixty (60) days of receipt of a written
request for consent.
7.2.3. Failure to Grant or Deny Consent Within the Required Time. When consent is
required under this Easement, and when such consent is not granted or denied within
the time period and manner set forth in this Section 7, the party requesting consent
may conclusively assume a failure to grant consent of the proposed action, use, or
activity in question. The Parties agree that failure to grant or withhold consent 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.
7.3. Optional consultation. If Owner is unsure whether a proposed use or activity is
prohibited by this Easement, Owner may consult Grantee by providing written notice to
Grantee describing 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 this Easement and to provide
comments thereon to Owner. This Section 7.3 does not itself impose a requirement of
prior consent of the activity described in any such notice.
7.4. Addresses for Notices. Unless otherwise required to be sent via certified mail, any
notice, demand, request, consent, approval or communication that either Owner or
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 17
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 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:
To Owner: Joseph and Valerie Goularte
5795 Beaver Valley Road
Chimacum, WA 98325
Telephone: (360) 471-5652
E-mail: joseph.goularte@yahoo.com
To Grantee: Jefferson Land Trust
1033 Lawrence Street
Port Townsend WA 98368
Telephone: (360) 379-9501
E-mail: ed(a-)-saveland.org
8. DISPUTE RESOLUTION
8.1. Preventive Discussions.
8.1.1. Owner and Grantee will promptly give the other notice of problems or concerns
arising in connection with the other's actions under this Easement or the use of or
activities or conditions on the Property, and will meet as needed, but no later than
fifteen (15) business days after receipt of a written request for a meeting, to minimize
the same.
8.2. Mediation. If the Parties disagree as to the consistency of any proposed use or activity
with the; Purpose or terms of this "Easement and the Parties are unable to resolve such
disagreement through unassisted preventive discussions between themselves, and if
Owner agrees not to proceed with the use or activity pending resolution of the dispute,
Owner or Grantee may refer the dispute to mediation by request made in writing upon the
other. Within ten (10)business days of the receipt of such a request, the parties to the
mediation ("Mediation Parties") shall select a single impartial mediator. Mediation shall
then proceed in accordance with the following guidelines:
8.2.1. Purpose. The purpose of the mediation is to: (a) promote discussion among the
Mediation Parties; (b) assist the Mediation Parties to develop and exchange pertinent
information concerning the issues in dispute; and (c) assist the Mediation Parties to
develop proposals which enable them to arrive at a mutually acceptable resolution
of the controversy. The mediation is not intended to result in any express or de facto
modification or amendment of the terms, conditions or restrictions of this Easement.
8.2.2. Participation. The mediator may meet with the Mediation Parties and their
counsel jointly or ex parte. The Mediation Parties agree that they will participate in
the mediation process in good faith and expeditiously, attending all sessions
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 18
scheduled by the mediator. Representatives of all Mediation Parties with settlement
authority will attend mediation sessions as requested by the mediator.
8.2.3. Confidentiality. All information presented to the mediator shall be deemed
confidential and shall be disclosed by the mediator only with the consent of the
Mediation Parties or their respective counsel. The mediator shall not be subject to
subpoena by any party. No statements made or documents prepared for mediation
sessions shall be disclosed in any subsequent proceeding or construed as an
admission of a party.
8.2.4. Time Period. Neither party shall be obligated to continue the mediation process
beyond a period of sixty (60) days from the date of receipt of the initial request or if
the mediator concludes that there is no reasonable likelihood that continuing
mediation will result in a mutually agreeable resolution of the dispute.
8.2.5. Costs. The costs of the mediator shall be borne equally by the Parties; the
Mediation Parties shall bear their own expenses, including attorney's fees,
individually.
8.3. Arbitration. The Parties may by mutual agreement submit disputed matters to arbitration
upon such rules of arbitration as the Parties may agree.
9. GRANTEE'S REMEDIES
9.1. Notice of Non -Compliance. If Grantee determines that Owner is in violation of the terms
of this Easement or that ,a violation is likely to occur, Grantee shall give written notice to
Owner of such violation and demand corrective action sufficient to cure the violation and,
where the violation involves injury to the Property resulting from any use or activity
inconsistent with the Purpose or terms of this Easement, to restore the portion of the
Property so injured to its prior or potential condition in accordance with a plan to which
Grantee has given consent.
9.2. Owner's Failure to Respond. Grantee may bring an action as provided in Section 9.3
if Owner:
9.2.1. Fails to cure the violation within thirty (30) days after receipt of notice thereof from
Grantee;
9.2.2. Under circumstances where the violation cannot reasonably be cured within the
thirty (30) day period, fails to begin curing such violation within the thirty (30) day
period; or
9.2.3. Fails to continue diligently to cure such violation until finally cured.
9.3. Grantee's Action. Grantee may bring an action at law or in equity, or both, in a court of
competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex
parte as necessary and as allowed under the applicable civil rules, by temporary or
permanent injunction, to recover any damages to which it may be entitled for violation of
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 19
the terms of this Easement or injury to any of the Conservation Values protected by this
Easement, including damages for the loss of the Conservation Values; and to require the
restoration of the Property to the condition that existed prior to any such injury. Without
limiting Owner's liability therefor, Grantee, in its sole and absolute discretion, may apply
any damages recovered to the cost of undertaking any corrective action on the Property.
All such actions for injunctive relief may be taken without Grantee being required to post
bond or provide other security.
9.4. Immediate Action Required. Notwithstanding any other provision of this Easement, if
Grantee, in its sole and absolute discretion, determines that circumstances require
immediate action to prevent or mitigate significant damage to the Conservation Values,
Grantee may pursue its remedies under this Section 9 without prior notice to Owner,
without participation in dispute resolution as provided for in Section 8, or without waiting
for the period provided for cure to expire.
9.5. Nature of Remedy. Grantee's rights under this Section 9 apply equally in the event of
either actual or threatened violations of the terms of this Easement. Owner 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 9 both
prohibitive and mandatory, in addition 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 9''shall be cumulative and shall
be in addition to all remedies now or hereafter existing at law or in equity. The provisions
of Section 9.6 shall not be interpreted to preclude Grantee from obtaining injunctive relief.
9.6. Damages. Inasmuch as the actual damages to the Conservation Values that could result
from a breach of this Easement by Owner would be impractical or extremely difficult to
measure, the Parties agree that the money damages Grantee is entitled to recover from
Owner shall be, at Grantee's election, the higher of (i) the amount of economic gain
realized by Owner from violating the terms of the Easement; (ii) the cost of restoring any
Conservation Values that have been damaged by such violation; (iii) an amount equal to
the fair market value of this Easement, which shall be determined as provided in Section
11.3.1 and distributed as provided in Section 11.3.2; or (iv) an amount equal to the total
project cost as specified in any written agreement with an entity that provided funding for
the acquisition of this ;Easement, with interest due and payable from the date of breach
at the rate provided for in RCW 43.17.240, as may be amended from time to time. In the
event Grantee chooses the second of these four measures, Owner agrees to allow
Grantee, its agents or contractors to enter upon the Protected Property and conduct
restoration activities. In the event that Grantee chooses the third or fourth of these four
measures, Grantee agrees that it will follow the dispute resolution process and remedies
described in Sections 8 or 9 before exercising this right, unless legally compelled to do
otherwise. Any amounts due and owing Grantee under this paragraph shall be due and
owing within 120 days of receiving a written demand for repayment by Grantee.
9.7. Costs of Enforcement. In the event Owner or Grantee finds it necessary to bring an
action at law or other proceeding against the other party to enforce or interpret any of the
terms, covenants, or conditions of this Easement, the prevailing party in any such action
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 20
or proceeding shall be paid all costs and reasonable attorneys' and consultants' fees by
the other party and all such costs and attorneys' and consultants' fees shall be included
in any judgment secured by such prevailing party.
9.8. Grantee's Discretion. Enforcement of the terms of this Easement shall be at the
discretion of the Grantee, and any forbearance by Grantee to exercise its rights under
this Easement in the event of any breach of any terms of this Easement by Owner shall
not be deemed or construed to be a waiver by Grantee of such term or of any of Grantee's
rights under this Easement. No delay or omission by Grantee in the exercise of any right
or remedy upon any breach by Owners shall impair such right or remedy or be construed
as a waiver.
9.9. Waiver of Certain Defenses. Granting Owner acknowledges that it has carefully
reviewed this Easement and has consulted withandbeen advised by legal counsel of its
terms and requirements. In full knowledge of the provisions of this Easement, Owner
hereby waives any claim or defense it may ,have against Grantee or its successors in
interest under or pertaining to this Easement based upon abandonment, adverse
possession or prescription relating to the Property or this Easement. Except for the
foregoing, Owner specifically retains any and all rights it has under the law as owner of
the Property, including, without limitation, the right to bring claims against Grantee for any
breach by Grantee of the terms of this Easement.
9.10. Acts Beyond Owner's Control. Nothing contained in this Easement shall be
construed to entitle Grantee to bring any action against Owner 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 actions by a trespasser upon the Property or causes beyond
Owner's control, including, without limitation, natural disaster, fire, flood, storm, pest
infestation, earth movement, and climate change, and from any prudent action taken by
Owner under emergency conditions to prevent, abate, or mitigate significant injury to the
Property resulting from such causes. In the event the terms of this Easement are violated
by acts of trespassers, and Owner has not undertaken suit itself, Owner agrees, at
Grantee's option, to assign its right of action to Grantee or to appoint Grantee its attorney
in fact, for purposes of pursuing enforcement action against the responsible parties.
9.11. Compliance Certificates. Upon request by Owner, Grantee shall, as soon as possible
and no later than thirty (30) days after receipt of such request, execute and deliver to
Owner any document, including an estoppel certificate, which certifies, to the best of
Grantee's knowledge, Owner's compliance or lack thereof with any obligation of Owner
contained in this Easement and otherwise evidences the status of this Easement as
requested by Owner. Such certification shall be limited to the condition of the Property
as of Grantee's most recent inspection. If Owner requests more current documentation,
Grantee shall conduct an inspection, at Owner's expense, within forty-five (45) days of
receipt of Owner's written request and payment therefor.
10. LIABILITIES, TAXES, AND ENVIRONMENTAL COMPLIANCE
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 21
10.1. Liabilities and Insurance. Owner 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 adequate liability insurance coverage. The
Parties release and relieve the other, and waive their entire right to recovery for loss or
damage to the extent that the loss or damage is covered by the injured party's insurance.
This waiver applies whether or not the loss is due to the negligent acts or omissions of
Owner or Grantee. Owner remains solely responsible for obtaining any applicable
governmental permits and approval for any construction or other activity or use permitted
by this Easement, 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. Owner shall keep the Property free of any liens arising out of any work
performed for, material furnished to, or obligations incurred by Owner; provided, however,
that the Property shall be deemed to be free of such liens if i) Owner or Grantee, as the
case may be, is diligently challenging the application of such liens to the Property; or ii)
such liens are subordinated to this Easement and do not require any action or inaction
inconsistent with the Purpose and terms of this Easement.
10.2. Taxes. Owner shall pay before delinquency all taxes, assessments, fees, 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.
10.3. Liability. Each party to this Easement shall be responsible for its own acts and/or
omissions and those of its members, directors, officers, employees, agents, and
contractors. No party to this Easement shall be responsible for the acts and/or omissions
of entities or individuals not a party to this agreement.
10.4. Representations and Warranties. Granting Owner represents and warrants that, after
reasonable investigation and to the best of Granting Owner's knowledge:
10.4.1. Granting Owner and the Property are in compliance with all federal, state, and local
laws, regulations, and requirements applicable to the Property and its use;
10.4.2. There has been no release, dumping, burying, abandonment or migration from off -
site on the Property of any substances, materials, or wastes that are or are
designated as, hazardous, toxic, dangerous, or harmful or contain components that
are, or are designated as, hazardous, toxic, dangerous, or harmful and/or that are
subject to regulation as hazardous, toxic, dangerous, or harmful by any federal, state
or local law, regulation, statute, or ordinance;
10.4.3. Neither Granting Owner nor Granting Owner's predecessors in interest have
disposed of any hazardous substances off -site, nor have they disposed of
substances at sites designated or proposed to be designated as federal Superfund
(42 U.S.C. § 9601 et seq.) or state Model Toxics Control Act (RCW 70.105D.010 et
seq.) ("MTCA") sites; and
10.4.4. There is no pending or threatened litigation affecting the Property or any portion of
the Property that will materially impair the Conservation Values of any portion of the
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 22
Property. No civil or criminal proceedings have been instigated or are pending
against Granting Owner or its predecessors by government agencies or third parties
arising out of alleged violations of environmental laws, and neither Granting Owner
nor its predecessors in interest have received any notices of violation, penalties,
claims, demand letters, or other notifications relating to a breach of environmental
laws.
10.5. Remediation. If, at any time, there occurs, or has occurred, a Release in, on, or about
the Property of a Hazardous Substance, Owner agrees to take or compel responsible
third parties to take all steps required under applicable law and necessary to assure its
containment and remediation, including any cleanup that may be required (except that
the use of institutional controls shall not be allowed without Grantee's consent), unless
the Release was caused by Grantee, in which case Grantee shall be responsible for such
remediation to the extent the Release was caused by Grantee. At its discretion, Grantee
may assist Owner in compelling third parties to contain and remediate any such Release.
10.6. 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 Owner's activities on the
Property, or otherwise to become an operator with respect to the Property within the
meaning of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, as amended ("CERCLA" ).
11. SUBSEQUENT TRANSFER OR EXTINGUISHMENT
11.1. Extinguishment.
11.1.1. If circumstances arise in the future that render the Purpose of this Easement
impossible to accomplish, this Easement can only be terminated or extinguished,
whether in whole or in part, by judicial proceedings in a court of competent
jurisdiction.
11.1.2. The amount of 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 law at the time, in
accordance with Section 11.3. Jefferson County reserves its right to receive a share
( %) of proceeds in the event of any extinguishment or termination of the Easement.
Grantee shall use all such remaining proceeds in a manner consistent with the
Purpose of this Easement.
11.1.3. In granting this Easement, Granting Owner has considered the fact that any use
of the Property that is prohibited by this Easement, or any other use as determined
to be inconsistent with the Purpose of this Easement, may become economically
more valuable than permitted uses. It is the intent of both Granting Owner and
Grantee that such circumstances shall not justify the termination or extinguishment
of this Easement. Owner's inability to carry on any or all of the permitted uses, or the
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 23
unprofitability of doing so, shall not impair the validity of this Easement or be
considered grounds for its termination or extinguishment.
11.2. Condemnation. If the Easement is taken, in the whole or in the part, by the exercise of
the power of eminent domain, Grantee shall be entitled to compensation in accordance
with Section 11.3, for the value of the Easement taken; and the Owner shall be entitled
to compensation in accordance with applicable law for the value of the underlying fee title
and improvements taken. In the event that Section 11.3. violates applicable law, then the
proceeds to Owner, shall be divided in accordance with applicable law. Jefferson County
reserves its right to receive a share of proceeds in the event of any extinguishment or
termination of the Easement. Grantee shall use all such remaining proceeds in a manner
consistent with the Purpose of this Easement.
11.3. Valuation
11.3.1. Granting Owner and Grantee agree that the grant of this Easement creates a real
property right that is immediately vested in Grantee. For purposes of this Section,
the Parties stipulate that the property right created by this Easement has a fair market
value that is at least equal to the proportionate value that this Easement, at the time
of its grant, bore to the value of the Property as a whole (unencumbered by this
Easement) at that time and such minimum proportionate value of Grantee's property
right, is determined by multiplying (a) the then fair market value of the Property
unencumbered by this Easement (minus any increase in value attributable to
improvements on the Property), at the time of termination or extinguishment, as
determined by an appraisal that meets applicable Internal Revenue Service
requirements for conservation easement appraisals, by (b) the ratio of the value of
the Easement at the time of this grant to the value of the Property, unencumbered
by the Easement, at the time of this grant.
11.3.2. For purposes of this Section, the Parties agree that the ratio of the value of the
Easement to the value of Owner's property unencumbered by the Easement [insert
one of the following: "i) is and shall remain constant.; or ii) is evidenced by
that certain real property appraisal prepared by , dated , on file
with Grantee. This ratio is ` (e.g., 0.375) and shall remain constant.]
11.4. Subsequent Transfers. Owner agrees to: (1) incorporate by express reference the
terms of this Easement in any deed or other legal instrument by which it divests itself of
any interest in all or'a portion of the Property; and (2) describe this Easement in and
append it to, any executory contract for the transfer of any interest in the Property. Owner
further agrees to give written notice to the Grantee and to Jefferson County Department
of Environmental Health of the transfer of any interest at least thirty (30) 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 such transferee's representative. The
failure of the Owner to perform any act required by this Section 11 shall not impair the
validity of this Easement or limit its enforceability in any way.
12. AMENDMENT
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 24
If circumstances arise under which an amendment to or modification of this Easement
would be appropriate, Owner and Grantee are free, upon 30 days advance written
notice to the Jefferson Countv Department of Environmental Health to iointIv amend
this Easement provided that no amendment shall be allowed that will affect the
uglification of this Easement or the status of Grantee under any applicable laws,,
including without limitation RCW 64.04,130 Chanter 84.34 RCW, or Section 17 hjh of
the Internal Revenue Code of 1986,as amended (or any successor r)rovisions then
applicable .the-P-ar ies-are4ree-to �oi�atly-aamend-this--E-a-sement. Any such amendment
shall be consistent with the Purpose of this Easement, shall not affect the qualification
of this Easement or the status of Grantee under any applicable laws, shall not shorten
the duration of this Easement, shall result in no net loss of or diminution of the
Agricultural, or wetland and riparian habitat, Conservation Values, and shall be
recorded in the official records of Jefferson County, Washington, and any other
jurisdiction in which such recording is required.
13. ASSIGNMENT
13.1. Assignment.
13.1.1. Grantee's Interest. Grantee's interest in this Easement is transferable, but Grantee
may assign its rights and obligations under this Easement only to an organization
that is a qualified holder at the time of transfer under RCW 64.04.130, as amended.
As a condition of such transfer, Grantee shall require that assignee continue to carry
out the Purpose of this Easement. Grantee shall notify Owner in writing, at Owner's
last known address, in advance of such assignment. The assignment shall not be
valid without such notice; provided, however, that the failure of Grantee to give such
notice shall not impair the validity of this Easement or limit its enforceability in any
way.
13.2. Rights and Obligations Upon Transfer. A party's rights and obligations under this
Easement terminate upon transfer of the party's interest in the Property or this Easement,
as the case maybe, except that liability for acts or omissions occurring prior to transfer
shall survive transfer.
14. 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.
15. NO MERGER
In the event that Grantee acquires all or a portion of the fee title to the Property, it is the
intent of the Parties that no merger of title shall take place that would merge the restrictions
of this Easement with fee title to the Property and thereby eliminate them, and that the
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 25
restrictions on the use of the Property, as embodied in the Easement, shall, in the event
that all or a portion of title become vested in Grantee, become and remain permanent and
perpetual restrictions on the use of the Property. Grantee covenants to do what is required
to prevent merger of title, including, if necessary, assignment of the Easement to an
appropriate third party pursuant to Section 13.1.
16. GENERAL PROVISIONS
16.1. Effective Date. The Effective Date of this Easement shall be the date on which the
Granting Owner executed this Easement.
16.2. Governing Law and Venue. The laws of the State of Washington and applicable
federal law shall govern the interpretation and performance of this Easement. By
executing this Easement, Owner acknowledgesthe jurisdiction of the courts of the State
of Washington in this matter.
16.3. 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. 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.
16.4. Severability.
16.4.1. Except as provided in Section `17.4.2 below, if any provision of this Easement, or
the application thereof to any person or circumstance, is found to be invalid or
unenforceable by any court of competent jurisdiction or is superseded by state or
federal legislation, rules, regulations or decision, 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 or unenforceable, as the case may be,
shall not be affected thereby.
16.4.2. If any material provision of this Easement, or the application thereof to any person
or circumstance,_ is found to be invalid or unenforceable by any court of competent
jurisdiction or is superseded by state or federal legislation, rules, regulations or
decision, so that the intent of these provisions is frustrated, the parties agree to
immediately negotiate a replacement provision to fulfill the intent of the superseded
provisions consistent with the Purpose of this Easement and applicable law.
16.5. Entire Agreement. This instrument sets forth the entire agreement of the Parties with
respect to the Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the 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 12.
16.6. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Owner's title in any respect.
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 26
16.7. "Granting Owner" "Owner" "Grantee". The terms "Granting Owner" "Owner' and
the term "Grantee," wherever used in this instrument, and any pronouns used in the place
thereof, shall be held to mean and include, respectively, the above -named Granting
Owner and her successors and assigns, and the above -named Grantee and its
successors and assigns. The terms "Granting Owner" and "Owner" shall also include any
party taking ownership of the Property, or any portion thereof, subsequent to the
foreclosure of any mortgage or deed of trust.
16.8. Successors. The covenants, terms, conditions, and restrictions of this Easement shall
be binding upon, and inure to the benefit of, the Parties and their respective successors
and assigns, and to any party taking ownership of the Property, or any portion thereof,
subsequent to the foreclosure of any mortgage or deed of trust, and shall continue as a
servitude running in perpetuity with the Property.
16.9. Captions. The captions in this instrument have been inserted solely for convenience
and ease of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
16.10. Counterparts. The Parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, 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.
16.11. Authority. The individuals signing below, if signing on behalf of any entity,
represent and warrant that they have the requisite authority to bind the entity on whose
behalf they are signing.
16.12. Recitals. The Parties agree that the terms and recitals set forth in Section 1
(among other terms of this Easement) are material to this Easement, and that each Party
has relied on the material nature of such terms and recitals in entering into this Easement.
Each term and recital set forth in Section 1 is fully incorporated into this Easement.
17. SCHEDULE OF EXHIBITS
17.1. Exhibit A. Legal Description of Property Subject to Easement.
17.2. Exhibit B. Site;, Map.
17.3. Exhibit C. Permitted Exceptions.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the undersigned Granting Owner has executed this instrument
this day of , 2020.
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 27
Joseph Goularte
Valerie Goularte
Granting Owners
Jefferson Land Trust does hereby accept the above Grant Deed of Conservation
Easement.
Dated:
Grantee ,
By
Sarah Spaeth
Its Director, Conservation and Strategic
Partnerships
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 28
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
I certify that I know or have satisfactory evidence that Joseph and Valerie Goularte are the
persons who appeared before me, and said persons acknowledged that they signed this
instrument, and acknowledged it to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 29
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
I certify that I know or have satisfactory evidence that SARAH SPAETH is the person who
appeared before me, and said person acknowledged that she signed this instrument, on oath
stated that she was authorized to execute the instrument and acknowledged it as the Director,
Conservation and Strategic Partnerships of Jefferson Land Trust to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
Pg. 30
EXHIBIT A
Legal Description
Parcel A:
That portion of the South 3/4 of the Southeast'/4 of Section 25, Township 29 North, Range 1 West,
W.M., lying westerly of the Chimacum-Beaver Valley County Road as conveyed to Jefferson County
by deed recorded under Auditor's File No. 160634;
EXCEPT the North 617 feet thereof,
ALSO EXCEPT the right-of-way for drainage ditch as condemned in Jefferson County Superior
Court Case No. 3193;
Parcel B:
That portion of the North'/4 of the Northeast'/4 of Section 36, Township 29 North, Range 1 West,
W.M., lying west of the Chimacum-Beaver Valley County Road as conveyed to Jefferson County by
deed recorded under Auditor's File Nos. 66698 and 160634;
EXCEPT that Easterly 10 acres thereof:
TOGETHER WITH an easement for a roadway and for utility purposes over, across and upon the
North 30 feet of said Easterly 10 acres hereinabove excepted
Situate in the County of Jefferson, State of Washington.
Grant Deed of Conservation Easement
Goularte / Jefferson Land Trust
pg. 31
Exhibit C
2020 Conservation Futures Ruby Ranch Preservation Project Application
Ruby Ranch Preservation 10
2020 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 op*
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 tookornv@co.iefferson. wo. us with questions.
Background and Eligibility Information
1. Project Title: Ruby Ranch Preservation
2. Conservation Futures Acquisition Request: $48,213 (in addition to the $60,000 awarded In 2018)
Conservation Futures O&M Request: 0
3. Total: Conservation Futures Request: $48,213
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?
Joseph P. & Valerie A. Goularte with a conservation easement held by Jefferson Land Trust and a
REPI easement held by US Department of Defense.
5. Applicant Information
Name of Applicant or Organization: Joseph and Val Goularte
Contact: Joe Goularte
Title: owner
Address: 5795 Beaver Valley Road, Chimacum WA 98325
Phone: (360) 471-5652
Email: joseph.goularte@yahoo.corn
6. Sponsor Information:
Name of Applicant or Organization: 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
Email: sspaeth@saveland.org
This application was approved by the sponsor's legally responsible body (eg., board council, etc.)
on March 17, 2020
2020 CF Program Application
hit Ilwww.co.Jeft n.waus/560/Conservation-Futures-PProerdm
7_ Site Location
Street Address or Description of Location: 5795 Beaver Valley Road, Chimacum WA 98325
Driving Directions from Port Townsend.
Head south on Hwy. 19 to Chimacum. Continue through Chimacum intersection onto Beaver Valley
Road. Travel approximately 3.2 miles to 5795 Beaver Valley Road. Driveway is on west side of Beaver
Valley Road, and residential area is at bottom of drive just below Beaver Valley Road.
Section: 25 and 36
Township: 29N
Range: 1 W
Assessor's Parcel Number(s): 901 254 004 and 901 361 003
Please differentiate current and proposed ownership of each APN and indicate if the parcel is to be acquired with
CF fimds or used as match.
Both parcels are proposed for protection with a conservation easement held by Jefferson Land Trust.
Please list the assessed values for each property or APN, as applicable.
901254004 - $242,225, with taxable value listed at $129,543
901361003 - $30,840, with taxable value listed at $2,313
8. Existing Conditions
New Site: Yes No
Addition to Existing Site: Yes No
Total Project Acreage (if different):
Number of Parcels: 2
Acres to Be Acquire& — 60
Current Zoning: AP 1:20
Existing Strucha es/Facilities: Residence, garage with ADU, hay bam, loafing shed, tool bam, ag
paddocks and fencing, bridge across Chimacum Creek.
Any current covenants, easements or restrictions on land use:
The property deed includes a right of way for a drainage ditch on the northern parcel (004). and a road
and utility easement for a neighboring property on the southern parcel (003).
Current Use: residential and agricultural
waterfront (name of body of water): Fast fork Chimacum Creek and tributaries
Shoreline (linearfeet): —4,562 ft
Owner Tidelands/Shorelands:
9. Current Property Owner 2L is is not a willing seller.
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2020 CF Program Application
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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, sunamding 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
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.
With this proposal, Jefferson Land Trust requests additional funding in the amount of $48,213
from the Jefferson County Conservation Futures Program In 2020. Jefferson Land Trust was
awarded $60,000 of Conservation Futures Funds in 2018 for purchase of a conservation
easement on the —60 acre Ruby Ranch properly. The additional funding we are requesting is
vital to the project success, as the appraisal completed on September 26, 2019 indicated the
value of the conservation Is $200,000 higher than estimated in the 2018 CFF application. The
Navy Is providing a higher amount of matching funds, thus we are asking for a minimal amount
from CFF to make up the difference. The Ruby Ranch property located approximately 3.2 miles
south of Chimacum in the fertile botiomland of Beaver Valley and visible from Beaver Valley Rd., a
designated Washington State Scenic Byway. Ruby Ranch is located just to the east of the 325- acre
DNR Egg and I forest, which is just south of the 850-acre Chimacum Ridge property. Chimacum Ridge
in turn connects to the Chimacum (Short) Forest and thence to the Short Farm and the east fork of
Chimacum Creek. While this property is confined to the valley floor, it helps link protected Chimacum
Ridge to the west with the Mats Mats ridge to the east. Mats Mats is primarily commensal timber land,
but much of it has recently had the development rights removed and thus it will continue to contribute to
wildlife corridors from Oak Bay to both forks of the Chimacum Creek watershed. The Ruby Ranch
project is also part of a larger effort spearheaded by local agencies and organizations to protect
important agricultural lands and help landowners operate successful and viable businesses that will
contribute to the local economy and food system. Much of this effort has focused on prime agricultural
lands and businesses in the Center and Beaver Valleys. This Jefferson LandWorks Collaborative is a
model of land conservation and rural economic development, with the threefold goal: (1) to ensure that
there is affordable prime agricultural land in large enough tracts that the farmer can be profitable, (2) to
ensure that the farmers have access to the business training, capital and know-how to be profitable,
and (3) to ensure that there are both the consumer demand and robust markets to accommodate the
farmers' needs.
Ruby Ranch consists of valley -bottom pasture land, with approximately 1,425 feet of the channelized
east fork of Chimacum Creek bisecting the property, flowing from south to north. Another--3,100 feet of
tributaries feed into Chimacum Creek from both sides of the valley. The creek is used by breeding
coho, resident cutthroat trout and winter steelhead. Almost all of the property is fiat open pasture land
with the exception of a narrow riparian buffer, some trees along the SW edge, a few fruit trees, and an
embankment up to Beaver Valley Rd. along the east edge. Soil is virtually all Semiahmoo muck, a
'prime farmland if drained'. According to the landowners, the pasture is sub -irrigated and because the
valley is rich In peat, the ground seems to be very fertile and able to grow a variety of crops. The
property is almost all indicated as 'wetland'on County maps (as is most agriculturally zoned land in
Center and Beaver Valleys). Flooding is not a big problem: occasionally the water rises, but recedes
quickly with no long-lasting effects.
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2020 CF Program Application
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The Ruby Ranch property is zoned Ag 1:20, and thus has three potential residential rights associated
with the two parcels. Approximately five awes of the land are dedicated to residential and agricultural
infrastructure, including a one 3-bedroom home with detached garage with ADU, 3 large barns, and a
single domestic well located on the property. The current landowners are raising beef cattle and
growing hay, with plans to diversify their agricultural production to include fruits and vegetables for
supplying local clderies and markets. The 55+ acres outside of the residential zone are divided into 5
large paddocks which are fenced and cross fenced, with cattle excluded from the creek and rotationally
managed to reduce impacts to soil and water quality. Adjacent lanais to the south, north and NW are
residential and/or in agricultural production, and a Washington State DNR 325 acre property in School
Trust status is located nearby to the SW.
The landowners are interested in selling a conservation easement to Jefferson Land Trust that will
eliminate the remaining development rights, and preserve the 60-acres in single ownership for
continued agricultural uses and habitat associated with Chimacum Creek and tributaries. Funding from
the County Conservation Futures Program will be matched with Navy REPI funding for purchase of a
REPI easement, thus two easements will be placed on the property simultaneously. The REPI
easement only removes development rights, whereas the Land Trust conservation easement provides
additional protections.
Overarching Goal:
Preserve the 65-acre Ruby Ranch property with easements that reduce development potential from
three residential rights to one, and that protects the prime agricultural soils, Chimacum Creek riparian
habitat, and scenic open space values of the property.
Objectives
1) Secure Jefferson County Conservation Futures funding for purchase of the conservation
easement — June 2018. Complete
2) Secure additional 2020 CFF funding in the amount of $48,213.
3) Draft conservation easement and REPI easement with landowner input. Complete
4) Obtain appraisal to determine value of CE and REPI easement funding as match for CFF
program. Complete
5) Purchase the two easements in 2020.
11. Estimate costs below, incuidmg the estimated or appraised value of the properties) 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 Properties) to be Acquired: $350,000
Total Estimated Acquisition -related Cost (see Conservation Futures Manual for eligible costs): $42,343
Total Operation and Maintenance Cost: 0
Total Project Cost: $392,343
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):
The value of the conservation easement on the Ruby Ranch property was determined to be worth
$350,000 in an appraisal conducted by SH&H Valuation and Consulting with an effective date of
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2020 CF Program Application
hpp;l/www.co.ief%rson.waus1560/Conse nation-Futures-Probran,
September 26, 2019. The REPI easement was valued at $275,000. The landowner will be paid the
value of the more restrictive easement at $350,000.
Ruby Ranch Project related
Timeline
Est. Cost
CFF
Much from
costs
Request
REPI
Conservation easement
Fall 2020
$350,000
$75,000
$275,000
acquisition
Land acquisition related costs,
2018, early 2019
1 $37,343
$28,213
$9,130
i.e. appraisal, survey,
and 2020
Baseline document,
Stewardship Plans, dosing
costs, environmental
assessment
Project management, admin
ongoing
$5,000
$5,000
and legal fees
Total
$392,343
$108,213
$284,130
(Includes
the
$60,000
awarded in
2018)
Scored Questions
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 firom groups or agencies will reduce the need to use
Conservation Futures program funds.
1 c. Matching Fund Estimate
Conservation Futures Funds Requested
Matching Funds/Resources*
Total Project Acquisition Cost
Acquisition
108 213
284130
92 343
%
* If a prior acquisition is beingproposed as match, please describe andprovide documentation of value, location,
date of acqumbon and other i�ormation 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 $284,130 _ Yes No Yes No at dosing
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2020 CF Program Application
hhr, twww.co.ieffemn.woos/560/Conservabon-Futar ---Program
$ 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 ofproperty or a property right will be considered as
a matching resource. Donation of resourcesfor 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, 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
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 and accreditation 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.
3 a. Describe the sponsoring agency's previous or on -going stewardship experience.
Over the 30 years since it was formed, Jefferson Land Trust has managed many acquisition projects
and has been responsible for conducting or coordinating restoration activities with several project
partner organizations, including Jefferson County, NOSC, JCCD, HSCEG and others. The Land Trust
holds title to over 600 acres of preserves, including the 135-acre Bulis Forest Preserve, portions of the
Quimper Wildlife Corridor, the Valley View Forest, Chai yahk-wh Preserve and salmon habitat on
Chimacum, Salmon, Snow and Donovan Creeks, the Big Quilcene and Duckabush Rivers. We also
hold 62 conservation easements on over 3000 acres and have helped with the preservation and
stewardship of another 12,900 acres in Jefferson County. Stewardship activities are carried out by
professional staff with the assistance of volunteer Preserve Stewards. The Hoh River Trust and
Washington State Parks contract with Jefferson Land Trust to monitor and steward nearly 7400 acres
of land under their control. In addition, Jefferson Land Trust stewards land owned by Jefferson County,
the City of Port Townsend and the Department of Natural Resources. Jefferson Land Trust stewardship
and monitoring protocols were developed with the guidance of the Land Trust Alliance and adherence
to those protocols is one of the requirements for our national accreditation.
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:
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2020 CF Program Application
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Jefferson Land Trust has sponsored many applications on behalf of private landowners interested in
preserving their property through sale of a conservation easement, or as an applicant and sponsor for
fee interest purchase of properties from willing sellers. These projects include:
Sunfield Farm, 2003; Quimper Wildlife Corridor, 2004; East Tarboo Creek Conservation Project, 2005;
Tamanowas Rock Phase 1, 2006; the Winona Buffer Project, 2006; Glendale Farm, 2007; Finnriver
Farm, 2008; Quimper Wildlife Corridor, 2009; Brown Dairy, 2009; Salmon Creek Ruck 2010; Quimper
Wildlife Corridor 2010; Tamanowas Rods 2010; Chimacum Creek Carieson 2011; Winona Basin -
Bloedel 2011; L. Brown 2012; Boulton Farm 2012; Quimper Wildlife Corridor and Short Family Farm
2013; Quimper Wildlife Corridor and Snow Creek Irvin and Jenks, 2014; Midori Farm, 2015; QWC 2016
Addition, Tarboo Creek, Farm and Forest 2016; Serendipity Farm, Snow Creek Taylor and Tarboo
Iglltzin 2017. Chimacum Forest, Manowstone Mize, Ruby Ranch and Snow Creek Mid -Reach Forest
2018. Tarboo Forest Addition, Quilcene Headwaters to Bay 2019.
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.
The conservation easement document and the REPI easement have been drafted in partnership with
the landowner and the Navy. The conservation easement and REPI easement appraisals were
completed as of September 2019 and were reviewed by the Navy. A Phase I Environmental
Assessment was conducted in January 2020 and a survey of the building envelope and property
perimeter are currently underway. We hope to dose on this in fall of 2020 shortly after the CFF
approval process.
5. The proposed acquisition —is specifically identified in an adopted open space, course nation, or resource
preservation program or plan, or community conservation effort. Please describe below, including the site's
importance to the plan. Please reference the websue of the plan if available or include the plan with this
application.
X 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 Jefferson Co. Comprehensive Plan says "It is Jefferson County's intent to protect and foster
opportunities for the successful practice of agriculture. Land with prime agricultural soils clearly must be
preserved" and a soil productivity classification of 12 Animal Month Units puts the soils here in the
highest-ranking class. Jefferson Land Trusts Conservation Plan, based on community input, identifies
"prime farmland soils and/or proven productivity" and "proAmity to population centers" as priorities for
agricultural protection, and calls out Beaver Valley as a specific agricultural priority area. It also
identifies streams and wildlife corridors as priorities for habitat protection.
The American Farmland Trust's 2012 report Losing Ground: Farmland Protection in the Puget Sound
Regan includes a Jefferson County Scorecard which Identifies the need for additional farmland
protection and also acknowledges the important role of the Conservation Futures Fund in that effort.
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2020 CF Program Application
bttp: twww.co.jeffetson.wa.us/560/Conservation-Future=-PMgrram
A 2009 State Office of Farmland Protection Report notes "The legislature finds that the retention of
agricultural land is desirable, not only to produce food, livestock, and other agricultural products, but
also to maintain our state economy and preferable environmental conditions." and this report also
documents decreasing farmland acreage and land prices rising with development pressure.
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.
We have landowners that are willing to preserve the majority of this productive farmland and salmon
habitat in Beaver Valley by reducing the development and subdivision potential and resulting impacts
from three residential rights, down to one through sale of a conservation easement to Jefferson Land
Trust, and a REPI easement to the Navy. We began discussions with the landowners in 2016, and they
are eager to move forward with the preservation effort. Purchase of the easements will provide funding
for the landowners to increase the agricultural productivity and diversity of crops supplied to local
markets, as well as support them in a transition to working full time on the farm. The conservation
easement process will also encourage restoration and enhancement efforts by the landowners, with
support of the JCCD.
7. Summarize the project's conservation values and how the CF funds requested support these values.
Conservation Values found on the Ruby Ranch property include: prime farmland soils identified by
Jefferson County as important for agricultural uses; Chimacum Creek mainstem and tributaries that
provide important habitat for several salmonid species and other wildlife; water quality and aquifer
recharge zone; open space and view shed from Beaver Valley Road, and helps establish a link
between protected Chimacum Ridge with Mats Mats Ridge to the East, providing a relatively
connected corrido to facilitate species movement and resiliency in the face of climate change. Grant
funds from the Conservation Futures Program and REPI program will reduce development potential,
protect agricultural soils, and preserve the Chimacum Creek habitat for wildlife species.
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 aX mauve in any of the above, please describe and list the Priority Habitats) and Threatened, Endangered, or
Sensitive species below, and cite or provide documentation of species' use.'
Approximately 1,425 feet of the channelized east fork of Chimacum Creek runs through the Ruby
Ranch property. WDFW shows this land as Priority Freshwater Emergent habitat with two creeks used
'See, for example, bttp://www.dnr.wa,gov/researchscience/topics/nawmlhcritaLq/l?aees/amrinh.asox
http://www.wdfw.wa�ov/conservation/phs/list/
http://wwwl.dnr.wa.L,ov/nhi)/refdesk/i)lants.html
http://wwwl .dnr.wa.l ov/nhp/refdesk/pubs/wa ecoloLical sN stems.pdf
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2020 CIF Program Application
htt-pJ/www.co je_ffmon.v a.us/560/Conservation-Futures-Pwgram
by breeding coho (Chimacum and one of the tributaries), plus resident coastal cutthroat and
endangered winter steelhead. While the landowners claim they have never observed beaver or adult
salmon, coho do pass through the property to reach spawning grounds higher up in the watershed on
the Bishop Farm and Pope Resource Lands.
Priority Habitat and Sensitive Species
A number of state listed species have been sighted on the Ruby Ranch property in the stream
corridor and open fields. Sensitive species that occur include the turkey vulture, bald eagle, great
blue heron and Coho salmon.
Habitat for a variety of native flora and fauna
The property provides a variety of habitats that support numerous other species. These habitats
include riparian habitat associated with Chimacum Creek and the open pastureland. Wildlife
species that have been sited on the property include bear, cougar, coyote, Townsend's moles and
voles and Roosevelt elk.
Wildlife corridor and miambon route
Chimacum Creek is a migration route for Coho salmon and steelhead, and the replanted buffer
along the creek will provide additional habitat for numerous bird species as the forest matures. The
trumpeter swans are known to winter up and down Beaver Valley, and have been seen on the
property on occasion.
8 d. Does the current owner participate in conservation programs that enhance wildlife habitat? If so, please
provide details.
The land has been cultivated for decades. The Creek is fully fenced to prevent any cattle
from entering it and potentially impacting the riparian habitat for salmonids. There is the opportunity for
enlarging and tilling in the riparian buffer with shade trees to keep the waters cool and eventually shade
out the established reed canary grass. The Jefferson County Conservation District is already making
plans for buffer and habitat enhancement activities on the property.
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.
A —15-20 foot riparian buffer along Chimacum Creek is currently fenced to keep cattle from entering
the meek. One side of the buffer has been planted with native confers and willow, though there has
been attrition of the trees over the years since planting, and reed canary grass still dominates the
buffer. The tributaries have also been fenced to exclude the cattle. The landowners are discussing
options with the conservation district -to enhance the buffer and address the reed canary grass
infestation which is currently dogging the creek and causing drainage issues in portions of the pasture.
Buffers will become permanent through the terms of the conservation easement.
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.
Currently the land is used to grow hay and raise grass-fed beef cattle for landowners and kraal
customers, with approximately 10-20 head on the property at any given time. The landowners have
goals of becoming more diversified in their production as they transition to full-time farming. They hope
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to grow approximately 10 acres of apple and pear trees that will ultimately help supply fruit for the cider
industry in and around Jefferson County. Another 8-10 acres of land on the west side will also be
planted with trees with the long-term goal of producing timber.
10 b. Describe the current owner's reowd of implementing management practices that promote the preserves
and/or enhances, soil, water quality, watershed function and wildlife habitat on the farm.
The landowner has planted some conifers and other native species in the riparian buffer to benefit
Chimacum Creek habitat for migrating coho, steelhead and cutthroat trout, though many have died and
the remaining trees are struggling against the reed canary grass. The landowners have fenced the
buffer and practice rotation of the cattle through the 5 paddocks to reduce the impacts of over -grazing
on soil health and water quality.
10 c. Describe how the acquisition or proposed easement will likely preserve and/or enhance soil, water quality,
watershed function and wildlife habitat.
Establishing a healthy riparian buffer of a mature tree canopy along Chimacum Creek and tributaries
with the help of the Conservation District and Land Trust will benefit migrating salmonids and other
species by providing shade, reducing summer water temperatures, and eventually reducing the reed
canary grass infestation that is clogging the creek and making fish passage challenging. Buffer
restoration and permanent protection through the conservation easement will benefit preservation of
soil and water quality of the creek and tributaries. JCCD is working with the landowners to improve
drainage through the property and potentially create a coho rearing pond, both of which should benefit
water quality as well as improve the pastureland for grazing and crop production. The ability of this
property to accommodate flood waters helps reduce detrimental flooding and erosion downstream.
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 silvieultural activities including forest management pkm(s)
or forest ecosystem restoration.
Landowners would like to plant a stand of trees in the SW comer of the property. At this time there are
only a few mature trees on the property which are amenity trees and not managed for production.
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.
NA — see above
11 c. Describe how the property acquisition or proposed easement will likely preserve and/or enhance soil, water
quality, watershed function and wildlife habitat.
NA — see above
12. a. Describe how the proposed acquisition benefits primarily a _Xlocal area broad county area including the
area served, the nature of the benefit, the jurisdictions involved, and the populations served
The proposed conservation easement provides benefits to the county as a whole and to visitors to the
area. Jefferson County is recognized as a great example of a thriving local food economy and
landscape. Ruby Ranch owners are very eager to become more involved in the local food movement,
particularly through growing crops that other value-added producers can use in their products. Benefits
associated with protecting prime agricultural lands extend as far as the market for the products. The
vision of the Jefferson LandWorks Collaborative and other local food groups is to brand Jefferson
County as a region that is known for its thriving agriculture and forest production; one that supports
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healthy local food production. Protection of Ruby Ranch and the landowners' long term vision for the
property is aligned with this community vision.
Furthermore, the conservation berofrts to salmon stocks from healthy riparian vegetation for shading
and woody debris extend beyond the local area, since the coho salmon and steelhead that depend on
this habitat travel to the Puget Sound and beyond. The opportunities to enhance the salmon habitat
quality on the Ruby Ranch will further benefit these species. Local, state and federal agencies have
invested over $4 million in salmon habitat and preservation efforts in the Chimacum watershed alone.
Finally, this property borders Beaver Valley Road, benefitting the viewshed of this designated
Washington Scenic Byway which is one of the main routes for visitors to east Jefferson County.
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.
No
13. Describe the educational or interpretive opportunities that exist for providing public access, educational or
interpretive displays (signage, laosks, etc.) on the proposed site, including any plans to provide those
improvements and any plans for public accessibility 2
There is no specific public access planned for the Ruby Ranch property at this time, but the landowners
may be open to participating in special flours or educational field trips through the Land Trust. They may
also be willing to open the farm for visitors during the annual farm tour. If we are successful with
purchase of the conservation easement, there will likely be signage that recognizes the property as
preserved farmland made possible with grant funding from CFF.
14. The proposed acquisition _ includes historic or culturally significant r+esources3 and
is registered with the National Register of Historic Places, or an equivalent program.
is recognized locally has having historic or cultural resources.
_ is adjacent to and provides a buffer for a historic or cultural site.
If afflrmanve in any of the above, please describe below, and cite or provide documentation of the historical or
cultural resources.
NA
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 iA uired to submit progress reports for
three years and for any year in which O&M funds are expended Initials-3Z 5 20 Date
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 Tnbes and mandatory protections of resources under chapters 27.44
and 27.53 RCW
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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. S S Initials 3h 4Date
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httl�:!/www.co.Jefferson.wa.ust5WConsavation-Futures-Pro-,ram
PM 1oa —j
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Ruby Ranch
Land Trust Conservation Easements
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Land Trust Facilitated Protection
rLand Trust Preserve Boundaries
Other Conservation Land
_ Sources: Esri, HERE, Garmin, Interrr
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0 5,000 10,000 20,000
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Ruby Ranch 2017 Aerial Image (NAIP)
For informational purposes only. All
Locator Map data represented are from varying
sources and approximate.
Map created in March, 2018
RUBY RANCH PROJECT
CONSERVATION FUTURES FUNDS ILLUSTRATIONS - 2020
Looking east across to homesite and Beaver Valley Road
Joe Goularte and Al Cairns (JCCD) inspect Chimacum Creek (N)
Chimacum Creek facing south
Apple orchard
Looking west to DNR Egg and I Forest
Tributary to Chimacum Creek looking west
Landowner Acknowledgement Form
Lanclowner Intormation
Name of Landowner.
Landowner Contact Information:
[ & Mr. ❑ Ms. Title:
First Name: ,rpr 4P.a VA t Last Name: e�-Q 14LAkTr
Contact Mailing Address: $71s- 1,;eA.VF2 VAt"4-eO f?O . C# ;Ai- AUA4-( 14/4 of Ef 32s'
Contact E-Mail Address: ) dkpti. yvu.lavf{
Properly Address or Location: S 9S 6t /IVer4 v [LFi� /Za C /iyrAtc�•� w ?,B5Zs
1. D r a is the legal owner of property described in this grant application.
vu v,. f
2. I am aware that the project is being proposed on my property.
3. If the grant is successfully awarded, I will be contacted and asked to engage in
negotiations.
4. My signature does not represent authorization of project implementation.
If I am affiliated with the project sponsor, I will recuse myself from decisions made by the
project sponsor to work on or purchase my property.
Landowner Signature Date
Landowner Signature Date
Project Sponsor Information
Project Name: Ruby Ranch
Project Applicant Contact Information: Jefferson Land Trust
❑ Mr. ❑ Ms. Title
First Name: Sarah Last Name: Spaeth
Mailing Address:1033 Lawrence St, Port Townsend, WA E-Mail Address: sspaeth@saveland.org
Exhibit D
2020 Conservation Futures Program Manual
Ruby Ranch Preservation 11
Jefferson County Conservation Futures Program Manual
2020 Funding Cycle
Jefferson County Conservation Futures Program Manual
2020 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 September 4, 2019)
Phil Andrus, Citizen, District #2
Mary Biskup, Citizen, District #1
Scott Brinton, Interest — Agriculture
Lige Christian, Citizen, District #3
JD Gallant, Citizen, District #3
Joanne Pontrello, Citizen, District #2
Rob Harbour, Interest — Working Lands
Ray Hunter, Interest — Fallow Farms
Richard Jahnke, Interest — Coastal Areas
Craig Schrader, Interest — Climate Change
Lorna Smith, Interest — Ecotourism
Dave Seabrook, Interest — Food Security
David Wilkinson, Citizen, District #1
Table of Contents
Overview...................................................................................................3
Conservation Futures Citizen Oversight Committee (CF Committee)
............................4
ProjectSelection...........................................................................................4
Information Sources......................................................................................4
Reimbursement...........................................................................................5
Compliance with All Laws...............................................................................5
RecordRetention..........................................................................................6
AcquisitionProjects.......................................................................................6
Operation and Maintenance (O&M) Projects.........................................................9
Required Meeting and Site Visit......................................................................
I I
Grant Notification and Agreement.....................................................................I
I
AnnualReports...........................................................................................I
I
ProjectChanges ....................................... ...................................................I1
Program Suggestions.....................................................................................12
Forms and Templates.....................................................................APPENDIX
A
Project Agreement Template
Annual Report Form Template
Please note: The 2020 CF Application and Scoresheet are available separately from
program staff.
Map of Approved Projects...............................................................APPENDIX
B
Definitions.................................................................................APPENDIX
C
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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
tpokomy@co.jefferson.wa.us. The Conservation Futures Program website address is
http://www.co jefferson.wa.us/commissioners/Conservation/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 (O & M) activities. O & 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 Public 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 27th, 2020 and sponsors host site visits and
present projects to the CF Committee later in March and 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
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recommendations to the 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 I 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 Public 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
tpokomy@cojefferson.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-
0 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 ten (10) 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 O & 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
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Stewardship Plan
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 electronically as a PDF to !Pokorny@co.iefferson.wa.us
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.
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 O & M
Only projects that are acquired using conservation futures funds are eligible for O & M
funding. Requests for O & 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 O & 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 O & 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) 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 O & M proposals. In -kind labor cannot be used as match.
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Reporting
Any project sponsor receiving O & M funds is required to submit a report each December
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 O & 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 "O & 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 should begin with an introductory project description
and 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 December 311 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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I . Send a "letter", addressed to the CF Committee, to the program staff s 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, 2020
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 2020 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
described in the Jefferson County Conservation Futures Program Manual for the 2019
Funding Cycle.
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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
O & M
Totals
%
Conservation Futures —
$
$
Project Sponsor
$
$
$
°
/0
Contribution
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
J. Contractor shall indemnify and hold harmless the County, its officers, and
employees, from and against all claims, losses or liability, or any portion thereof,
including reasonable attorney's fees and costs, arising from injury or death to
persons, including injuries, sickness, disease or death to Contractor's own
employees, or damage to property occasioned by a negligent act, omission or
failure of the Contractor. Contractor shall be liable only to the extent of
Contractor's proportional negligence. The Contractor specifically assumes
potential liability for actions brought against the County by Contractor's
employees, including all other persons engaged in the performance of any work
or service required of the Contractor under this Agreement and, solely for the
purpose of this indemnification and defense, the Contractor specifically waives
any immunity under the state industrial insurance law, Title 51 R.C.W. The
Contractor recognizes that this waiver was specifically entered into pursuant to
provisions of R.C.W. 4.24.115 and was subject of mutual negotiation.
K. 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.
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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.
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
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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.
L. 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.
M. 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
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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.
N. 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.
O. 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.
P. 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.
Q. 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.
R. 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.
S. 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.
T. 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.
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T. Non -Waiver.
Waiver by the County of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
U. County Does Not Assume Additional Duties
The County does not assume any obligation or duty, except as required by federal or
state law, to determine if Sponsor is complying with all applicable statutes, rules,
codes ordinances or permits.
V. Agreement Representatives
All written communications sent to the Sponsor under this Agreement will be addressed and
delivered to:
Sponsor Contact Conservation Futures Proaram Contact
Jefferson County Environmental
Public 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
By
Kate Dean, Chair
Jefferson Board of County Commissioners
By
Attested:
2020.
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Carolyn Gallaway, Deputy Clerk of the Board
Approved as to form:
Philip Hunsucker, Chief Civil DPA
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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. Project goals and objectives:
7. Parcel number(s):
S. 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 O & M activity that has
occurred since December 31 st of the previous year, please provide supporting
documentation):
20. New events, activities, projects (for each O & M activity that has occurred since
December 3 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
Z:
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—c f
ss
Conservation Futures
.40 Jefferson County, %Va!
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—79
rn — — — - — -
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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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Exhibit E
Resolution Nos. 45-018 and 45-20
Ruby Ranch Preservation 12
-
I dO
STATE OF WASHINGTON
County of Jefferson
Dedication of Conservation Futures Funds to the }
Ruby Ranch Preservation 2020 project as }
Authorized by and in Accordance with County } RESOLUTION NO.4 5 20
Code Section 3.08.030(7) to Provide a System of }
Public Open Spaces }
WHEREAS, conservation futures tax levy collections, authorized under RCW
84.34.230, are an important means of retaining community character and accomplishing the open space
policies and objectives of the Jefferson County Comprehensive Plan that encourage the coordinated
acquisition of key open space lands for long-term protection; and
WHEREAS, Jefferson County is authorized by RCW 84.34.210 and 84.34.220 to
acquire open space, agricultural and timber lands as defined in RCW 84.34.220; and
WHEREAS, the Conservation Futures Citizen Oversight Committee has reviewed
project applications for 2020 and made its funding recommendations to the Board of County
Commissioners in accordance with Jefferson County Code Chapter 3.08; and
WHEREAS, $60,000 in Conservation Futures Funds were awarded in 2018 to Jefferson
Land Trust, as project sponsor, for the original Ruby Ranch Preservation project, Resolution No. 45-
018, towards the acquisition of a conservation easement on two parcels of land in S25 T29N RI W and
S36 T29N R1 W with Assessor's Parcel Numbers 901254004 and 901361003; and
WHEREAS, under the provisions of the Jefferson County Conservation Futures
Program, Jefferson Land Trust, as project sponsor, requests additional funding towards the same
acquisition in 2020; and
WHEREAS, the County retains enough developable land to accommodate the Ruby
Ranch Preservation 2020 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 $48,213 in conservation futures funds in the
2020 funding cycle for conservation easement acquisition expenses contingent on an
updated matching contribution of at least seventy-two percent (72%) of the total project
cost.
Resolution No. 4 S 2 n re: Dedication of Conservation Futures Funds to the Ruby Ranch Preservation
2020 project
2. This dedication of funding may be nullified if a submittal for reimbursement,
accompanied by documentation of matching funds sufficient to complete the
acquisition, is not received from the sponsor within three years of the signing of this
resolution.
APPROVED AND ADOPTED this 4. ' day of ; JiiJ 1 , 2020 in Port Townsend, Washington.
ra
SEAL: " " • JEFFERSON COUNTY
BOARD F COMMISSIO
t c.
a`
r
v
o�
'.! • ; Greg Brotherton, Chair
ATTEST-"�
j Kate Wan, Member
Carolyntallaway
Deputy Clerk of the Board David Sullivan, Member
STATE OF WASIIINGTON
County of Jefferson
Dedication of Conservation Futures Funds to the
Ruby Ranch Preservation project as Authorized by
and in Accordance with Jefferson County Code RESOLUTION NO. 4 5 -18
Section 3.08.030(7) to Provide a System of Public
Open Spaces I
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 84.34.21.0 and 84.34.220 to
acquire open space land, agricultural and timber lands as defined in RCW 84.34.220; and
WHEREAS, the Conservation Futures Citizen Oversight Committee has reviewed
project applications for 2018 and made its funding recommendations to the Board of County
Commissioners in accordance with Jefferson County Code Chapter 3.08; and
WHEREAS, under the provisions of the Jefferson County Conservation Futures
Program, the Jefferson Land Trust, as project sponsor, requests funding towards the acquisition of a
conservation easement on two parcels of land in Sec. 25 and 36, T. 29N, R. I W with Assessor's Parcel
Numbers 901254004 and 901361003; and
WHEREAS, the County retains enough developable land to accommodate the 2018
Ruby Ranch Preservation 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, THEREFOREBEITRESOLVED that:
1. Jefferson County hereby dedicates up to $60,000 in conservation futures funds in the
2018 funding cycle for acquisition expenses contingent on a matching contribution of at
least sixty percent (60%) of the total project cost.
Resolution No. 4 g re: Dedication of Conservation Futures Funds to the Ruby Ridge Preservation
project
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.
APPROVE 'TEE this / DANDADOP day of 2018 in Port Townsend, WashingAon,
SEAL,
:-
ATTEST:
Carolyn Gallaway
Deputy Clerk of the Board
JEFFERSON COUNTY
Kate Dean, Member
Z14
V-4t
Kathleen Kler, Member