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Home My WebLink About102620_ca03 <V 615 Sheridan Street Port Townsend, WA 98368 delthson www.JeffersonCountyPublicHealth.org Public Health Consent Agenda June 22,2020 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Pinky Mingo, Interim Director, Environmental Public Health Tami Pokorny, Natural Resources Program Coordinator DATE: SUBJECT: Agenda Item — Recreation and Conservation Office — Deed of Right for Fitzgerald Property, Parcel #991-200-606; Upon signature — perpetuity STATEMENT OF ISSUE: Jefferson County Public Health, Natural Resources Program requests Board approval of the Recreation and Conservation Office — Deed of Right for the Fitzgerald Property on the Big Quilcene River floodplain, Parcel #991-200-606; Upon signature — perpetuity. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: This Deed of Right ensures that the County shall not use or allow any use of the property that is inconsistent with salmon recovery purposes. The County must also allow public access to the property and must accept restrictions and inspections by the State for compliance with the terms of the Deed and Project Agreement. FISCAL IMPACT/COST BENEFIT ANALYSIS: This property acquisition was funded by a grant from the RCO Salmon Recovery Funding Board (#18-1227) for $35,000. RECOMMENDATION: JCPH management request approval of the Recreation and Conservation Office — Deed of Right the Fitzgerald Property on the Big Quilcene River floodplain, Parcel #991-200-606; Upon signature — perpetuity. REVIENED BY: / s( 2C2 Philip Mo ey, ounty Administra Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f)360-379-4487 360-385-9401 (f) Always working for a safer and healthier community Upon Recording, Please Return To: Washington State Recreation and Conservation Office PO Box 40917 Olympia, WA 98504-0917 Attn: Josh Lambert DEED OF RIGHT TO USE LAND FOR SALMON RECOVERY PURPOSES Fitzgerald Property Grantor: Jefferson County Public Health Grantee: STATE OF WASHINGTON, acting by and through the WASHINGTON STATE SALMON RECOVERY FUNDING BOARD and the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE, including any successor agencies. Abbreviated Legal Description: Lots 10, 11 and 12 of Block 6 of the Original Townsite of Quilcene, as per plat recorded in Volume 2 of Plats,page 33, records of Jefferson County, Washington. Situate in the County of Jefferson, State of Washington. (More particularly described in Exhibit"A"(Legal Description), and as depicted in Exhibit"B" (Property Map)), Assessor's Property Tax Parcel Number(s): 991200606 Reference Numbers of Documents Assigned or Released: Page 1 of 7 The Grantor enters this Deed for and in consideration of monies coming in part or whole from the Puget Sound Acquisition& Restoration Fund. Such grant is made pursuant to the Project Agreement entered into between the Grantor and the Grantee entitled Lower Big Quilcene Floodplain Acquisitions 2018, Project Number 18-1227 signed by the Grantor on the 23rd day of September, 2019 and the Grantee the 30th day of September 2019 and supporting materials which are on file with the Grantor and the Grantee in connection with the Project Agreement. The Grantor hereby conveys and grants to the Grantee as the representative of the people of the State, the right to enforce the following duties: 1. The Grantor shall take such reasonable and feasible measures as are necessary to protect the Real Property as described in Exhibit A: Legal Description, in perpetuity. Such measures shall be consistent with the purposes in the Project Agreement, including protecting,preserving,restoring and/or enhancing the habitat functions on the Real Property, which includes the Big Quilcene River floodplain. This habitat supports or may support priority species or groups of species including but not limited to Hood Canal Summer Chum salmon. 2. The Grantor shall allow public access to the Property as provided in the Project Agreement. Such access shall be subject to the restrictions allowed under the Project Agreement, by written agreement with the Grantee, or under state law. This provision is not intended to prevent reasonable access or use restrictions that are necessary for safe and effective management of the property consistent with salmon recovery purposes and the Project Agreement. 3. The Grantor shall allow access by the Grantee to inspect the Real Property for compliance with the terms of this Deed and the applicable Project Agreement to which the Grantor is a signatory. Such access shall be subject to the restrictions, if any, allowed under the Project Agreement,by written agreement with the Grantee, or under state law. The Grantor warrants it has and shall maintain the legal right and means to reach the property. 4. Without prior written consent by the Grantee or its successors, through an amendment to the Project Agreement or the process set forth below, the Grantor shall not use or allow any use of the Real Property(including any part of it)that is inconsistent with the salmon recovery purposes herein granted and as stated in the Project Agreement. The Grantor shall also not grant or suffer the creation of any property interest that is inconsistent with the salmon recovery purposes herein granted and as stated in the Project Agreement. Grantee's consent to an inconsistent use or property interest under this Deed shall be granted only to the extent permitted by law and upon the following three conditions, which ensure the substitution of other eligible land. The conditions are: (1) the Page2of7 J� substitute salmon recovery land must be of reasonably equivalent habitat qualities, characteristics and location for the salmon recovery purposes as the Real Property prior to any inconsistent use; (2)the substitute salmon recovery land must be of at least equal fair market value to the Real Property at the time of Grantee's consent to the inconsistent use; and (3) the fair market value of the Real Property at the time of the Grantee's consent to the inconsistent use shall not take into consideration any encumbrances imposed on or alterations made to that land as a result of the original state grant and other grants if such encumbrances or alterations reduce the value of the Real Property from what it would be without them. For purposes of this Deed, the Project Agreement includes any amendments thereto that occurred prior to or may occur subsequent to the execution of this Deed. This Deed contains covenants running with the land and shall be binding upon the Grantor, its successors and assigns, and upon any person acquiring the Property, or any portion thereof, or any interest therein, including a leasehold interest, whether by operation of law or otherwise. If the Grantor sells all or any portion of its interest, the new owner of the Property or any portion thereof(including,without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be subject to applicable covenants and requirements under the Deed. This Deed may not be removed or altered from the Real Property unless specific approval has been granted by the Washington State Recreation and Conservation Office and/or the Washington State Salmon Recovery Funding Board or its successors. The Washington State Recreation and Conservation Office and the Washington State Salmon Recovery Funding Board and/or its successors shall each have a separate and independent right to enforce the terms of this Deed. REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW P f Page 7 GRANTOR: Jefferson County By: Name: Title: Dated this day of ,20 STATE OF WASHINGTON ) ) ss COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledge it as the for the Grantor, and to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signed: Notary Public in and for the State of Washington, residing in My commission expires REMAINDER OF PAGE IS INTENTIONALLY BLANK; ADDITIONAL SIGNATURE PAGE FOLLOWS Page 4 of 7 f GRANTEE: STATE OF WASHINGTON, acting by and through THE WASHINGTON STATE SALMON RECOVERY FUNDING BOARD, administered by the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE By: Ob41 lcfa' Name: Scott T Robinson Title: Deputy Director Dated this 24 -r day of Alex_ ,20 Zv STATE OF WASHINGTON ) ) ss COUNTY OF ) gAl- I certify that I know or have satisfactory evidence that T• o6`{''`4 U' "J is the person who appeared before me, and said person acknowledged that they signed this instrument, oath stated at they were authorized to execute the instrument and acknowledge it as the 1� for the Recreation and Conservation Office and to be the free and volu ary act f such party for the uses and purposes mentioned in the instrument. Dated: , akk 2O2/0 '�„ ttt% i F t Signed: 6C"-04-' ? e al,t66'� Notary Public in and for the State of Washington, • •4 ' log s p�L�i residing in //11 "" `�°1�'C\ CVAiA*tit-' .0441,ho7.01A Mycommission expires /� ` ,',I . W••4' p 14 Page5of7 A EXHIBIT A Legal Description Lots 10, 11 and 12 of Block 6 of the Original Townsite of Quilcene, as per plat recorded in Volume 2 of Plats,page 33,records of Jefferson County, Washington. Situate in the County of Jefferson, State of Washington. Assessor's Parcel No. 991200606 The lands herein described contain an area of 0.37 acres, more or less. Page 6 of 7 }) EXHIBIT B Property Map Big Quilcene Riparian Protection, Project#18-1227 Fitzgerald Property I I j Foorons kilt 1 1 • • E 1 i I . 1 1 M U 1 U a 0 I 0 II 1 1 ■ z I F S 1 s Witso a :D 1EXI NA Feel L I 1 1 Fitzgerald Property(0.37 ac) Map created 03/27/2020 by Jefferson County. Sponsor: Jefferson County I — J General location purposes only. 0 Page 7 of 7