HomeMy WebLinkAbout121420_ca01615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCounfyPublicHealth.org
Consent Agenda
Public Health 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:
SUBJECT: Agenda Item — Project Agreement Conservation Futures Fund
Conservation Easement Acquisition for Quilcene Headwaters to Bay
Preservation; Jefferson Land Trust, Sponsor; August 19, 2019 — July 13,
2023; $167,117.32
STATEMENT OF ISSUE:
Jefferson County Public Health, requests Board approval of the Project Agreement between Jefferson County
and Jefferson Land Trust, Conservation Futures Fund Conservation Easement Acquisition project for Quilcene
Headwaters to Bay Preservation; Jefferson Land Trust, Sponsor; August 19, 2019 — July 13, 2023; $167,117.32
Conservation Futures Fund Grant and $284,551.12 Project Sponsor, Jefferson Land Trust, for a total project
cost of $451,668.44.
ANALYSIS/STRATEGIC GOALS/PRO'S and COWS:
This Agreement contracts project sponsor Jefferson Land Trust, to acquire a conservation easement on the
real property known in the records of the Jefferson County Assessor as APN#s 701181001 and 701181004.
The additional cost of the conservation easement is met by the Land Trust. The CFF expenditure is limited to
$167,117.32 and may not exceed 63% of the total project cost. The Land Trust requests $20,882.68 of the
original award of $193,000 be turned back to the CF Fund. The Land Trust will present an operations and
maintenance proposal to the CF Committee in February for the remaining $5,000. If the CF Committee
concurs, approval of a project amendment will be requested. The Quilcene Headwaters to Bay Preservation
project promotes Conservation Futures Program efforts to preserve important open space lands for agriculture,
timber production and wildlife habitat.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The Project Agreement is fully funded by the Jefferson County Conservation Futures Fund grant.
RECOMMENDATION:
JCPH management request approval of the Project Agreement for Quilcene Headwaters to Bay Preservation;
Jefferson Land Trust, Sponsor; August 19, 2019 — July 13, 2023; $167,117.32
REVIE BY:
,Phiorley, Coun A ministrator
Date
12-4'el�"'
Always working for a safer and healthier community
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: Jefferson Land Trust
Project Title: Quilcene Headwaters to Bay Preservation
Contract Number: EH-20-212
Approval: Resolutions Nos. 44-19 and 44-20
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 80-acre property known in the records of the Jefferson County Assessor
as APN#s 701181001 and 701181004 and as described in the 2020 Conservation Futures project
application for the Quilcene Headwaters to Bay Preservation Project (Exhibit C), which supersedes
the 2019 CF application for the same property, and 2020 Conservation Futures Program Manual
(Exhibit D), and as authorized by Resolution Nos. 44-19 and 44-20 (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 August 19, 2019 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 $167,117.32 and Jefferson County CFF shall not pay any amount beyond that approved herein
Quilcene Headwaters to Bay Preservation
for funding of the Project. The Sponsor shall be responsible for no less than sixty-three (63%) percent
of the total Project cost and all Project costs in excess of $167,117.32. The contribution by the
Sponsor toward work on the Project shall be as indicated below. The financial contribution by the
County toward work on the Project is also indicated below.
Acquisition
% Match
Quilcene Headwaters to Bay Preserve —
Conservation Futures
$167,117.32
3 7%
Project Sponsor Contribution
$284,551.12
63%
Totals
$451,668.44
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
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
Quilcene Headwaters to Bay Preservation
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
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
Quilcene Headwaters to Bay Preservation
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.
Quilcene Headwaters to Bay 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.
Quilcene Headwaters to Bay 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 Quilcene Headwaters to Bay 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.
DATED this
day of 320
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Quilcene Headwaters to Bay Preservation
SIGNATURE PAGE
Name of Sponsor
Contractor Representative (Please print)
(Signature)
Title
Date
ATTEST:
By:
Carolyn Gallaway Date
Deputy Clerk of the Board
Quilcene Headwaters to Bay Preservation
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kate Dean, Chair
David Sullivan, Member
Greg Brotherton, Member
Approved as to form only:
0 c. 0 lihd7w2o
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
APPENDIX A
Scope of Work
Jefferson Land Trust, as project sponsor "Sponsor", will perform the following tasks in order to
implement the Quilcene Headwaters to Bay Preservation Project:
Task l: Acquire Matching Contribution
Sponsor will secure the necessary matching contribution of no less than sixty-three percent (63%) 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 63% of the total project cost.
Task 2: Acquire Conservation Easement
Sponsor will acquire a conservation easement on the subject property, APN#s 701181001 and
701181004, 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.
Quilcene Headwaters to Bay Preservation
Exhibit B
Draft Grant Deed of Conservation Easement
Quilcene Headwaters to Bay Preservation
AFTER RECORDING RETURN TO:
Jefferson Land Trust
1033 Lawrence St.
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.
Granting Owners(s) (Last name, first name, initials)
MAHAN, PAUL and MAHAN, SARAH
Grantee(s) (Last name first, then first name and initials)
JEFFERSON LAND TRUST
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
SW NE & SE NE 18-27-1W
Additional legal description is on Exhibit A of document.
Assessor's Property Tax Parcel/Account Numbers:
701 181 001 and 701 181 004
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 PAUL
MAHAN and SARAH MAHAN, husband and wife, having an address of 240 Jakeway
Road, Quilcene, WA 98376 ("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").
1. RECITALS
1.1. Granting Owner is the owner in fee simple of that certain real property, approximately
80 acres in area, located in Jefferson County, Washington, generally described as
Jefferson County Assessor's Tax Parcel Numbers 701 181 001 and 701 181 004 and
legally described in Exhibit A (Legal Description of Property) (the "Property").
1.2. For purposes of this Easement, the Property is divided into four conservation zones,
designated "Riparian Habitat Zone", "Working Forest Zone", "Mowers Forest
Preserve", and "Agricultural Zone" (collectively, "Conservation Zones"), as depicted
on Exhibit B (property map). The Riparian Habitat Zone includes stream, wetland,
and riparian habitats associated with Jakeway Creek, a tributary to Donovan Creek
and Quilcene Bay. The Working Forest Zone is generally upland forest suitable for
the production and harvest of forest resources. The Mowers Forest Preserve is
generally upland forest habitat that is to be managed for the restoration and
preservation of its habitat values and not for the production or harvest of forest
resources. The Agricultural Zone includes pasture, orchard, and other agricultural
land, as well as single-family residential uses and all other structural improvements.
1.3. The Property is part of a landscape -scale effort to preserve, protect, restore,
enhance, and maintain riparian and upland habitat adjacent to Quilcene Bay. The
Property contains natural values (including riparian and upland habitat for fish and
wildlife), and open space and working land values (including farmland, forestland and
scenic quality) as follows (collectively the "Conservation Values"), of great
importance to Granting Owner, to the people of Jefferson County, and to the people
of the State of Washington:
1.3.1. Riparian and Fish habitat: The Riparian Habitat Zone portion of the Property
contains a portion of Jakeway Creek and associated riparian areas, wetlands,
and tributaries that will support the enhancement of features that afford safe
passage and suitable habitat for salmonid species, waterfowl, and other species
of fish and wildlife.
1.3.2. Working Forest land: The Working Forest Zone portion of the Property
possesses significant forest resource values, including, but not limited to soils
and site characteristics suitable for commercial timber and non -timber forest
resource production; as well as water quality and retention; climate change
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resiliency; carbon sequestration; wildlife habitat; recreational and educational
opportunities; and scenic values.
1.3.3. Upland Forest Habitat: The Mowers Forest Preserve Zone possesses
significant forest habitat values, including, but not limited to soils and site
characteristics that support water quality and retention, climate change
resiliency, carbon sequestration, recreational and educational opportunities, and
native forest vegetation that provides shelter, cover, and food for a diversity of
wildlife.
1.3.4. Agricultural lands: The Agricultural Zone contains soils identified by the
Natural Resources Conservation Service, an agency within United States
Department of Agriculture, as 'soils of state-wide importance' and 'prime
farmland' suitable for agricultural uses, and which support the viability of the site
for continued agricultural production.
1.3.5. Scenic quality: The Property is located within the viewshed of Quilcene Bay,
and East Quilcene Road and McInnes Road, both Jefferson County roads and
public thoroughfares.
1.3.6. Educational and scientific opportunity: The Property is in an easily accessible
location, favorable to educational and scientific activities.
1.4. The Conservation Values are further documented in an inventory of relevant features
of the Property on file at the offices of Grantee and incorporated herein by this
reference ("Baseline Documentation"). The Baseline Documentation has been
prepared by Grantee and consists of reports, maps, photographs, and other
documentation that Granting Owner and Grantee agree provide, collectively, an
accurate representation of the Property as of the Effective Date of this Easement and
which is intended to serve" as an, objective nonexclusive information baseline for
monitoring compliance with the terms of this Easement. The Parties acknowledge
that the Baseline Documentation, as signed by the Parties on
is complete and accurate as of the Effective Date of this Easement. The Baseline
Documentation may used to establish that a change in the use or condition of the
Property has occurred, but its existence may not preclude the use of other evidence
to establish the condition of the Property as of the Effective Date of this Easement.
Grantee may use the Baseline 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.
2. 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 wellbeing of the state and its citizens." Under the OSTA, lands eligible for
preferential real property tax treatment include lands such as the subject Property where
the preservation in its present use would conserve and enhance natural resources and
open space. Pursuant to this legislative directive, Jefferson County has adopted an
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Open Space Tax Program, Resolution No. 82-91, that recognizes the importance of and
provides preferential tax treatment for the following natural, agricultural and scenic
resources that occur on the Property: riparian areas and wildlife corridors; unique and
critical wildlife habitat; farm and agriculture land, and opportunities to promote
conservation principles by example and through education.
3. 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.
4. Granting Owner, as sole owner in fee 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.
5. Grantee is a publicly supported, tax-exempt nonprofit organization, qualified under
Sections 501(c)(3) and 170(h) of the Internal Revenue Code of 1986, as amended, and
also qualified as a nonprofit nature conservancy corporation under Sections 64.04.130
and 84.34.250 of the Revised Code of Washington, one of whose principal purposes is to
acquire, hold, preserve, and dispose of land, easements, leases, or other rights or
interests in land, or improvements to land, in Jefferson County, Washington, in order to
protect natural areas and ecologically significant land for scientific, educational, and
charitable purposes for the benefit of the public. Grantee agrees by accepting this grant
to honor the intention of Granting Owner as stated in this instrument and to preserve and
to protect in perpetuity the Conservation Values of the Property for the benefit of those
now living and those as yet unborn.
6. 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
N4425511 RP00034 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.
7. The Parties acknowledge there will be two easements 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; in the event of a conflict
between the restrictions in the two instruments, the more restrictive provision shall
prevail.
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8. Grantee agrees by accepting this grant to honor the intention of Granting Owner as
stated in this instrument and to preserve and to protect in perpetuity the Conservation
Values of the Property for the benefit of those now living and those as yet unborn.
2. CONVEYANCE AND CONSIDERATION
2.1. For the reasons stated above, and in consideration of a cash payment, the receipt of
which is hereby acknowledged, and in further consideration of the mutual covenants,
terms, conditions, and restrictions contained herein, and pursuant to the laws of
Washington, in particular RCW 64.04.130 and RCW 84.34.210,Granting Owner
hereby grants, conveys, and warrants, to Grantee a conservation easement in
perpetuity over the Property, consisting of the rights in the Property hereinafter
enumerated, subject only to title matters of record as of the Effective Date of this
instrument ("Easement").
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 may not be converted to a different use unless and only if
other equivalent lands or interest in lands within the geographic jurisdiction of the
governmental agency are received by Grantee in exchange.
2.3. This conveyance is a conveyance of an interest in real property under the provisions
of RCW 64.04.130, and is made as an absolute, unconditional, unqualified, and
completed transaction, subject only to the mutual covenants and restrictions
hereinafter set forth and title matters of record as of the Effective Date of this
instrument.
2.4. Granting Owner expressly intends that this Easement runs with the land and that this
Easement shall be binding upon the successors and assigns of Granting Owner and
Grantee in perpetuity.
3. PURPOSE, STEWARDSHIP PLAN, AND INTERPRETATION
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. As provided in this Easement, the Property is to be
retained predominantly as a "relatively natural habitat of fish, wildlife or plants, or
similar ecosystem" (as that phrase is used in 26 USC 170(h)(4)(A)(ii), as amended,
and in regulations promulgated by authority of said statute), and predominantly in an
open space condition, under 26 USC 170(h)(4)(A)(iii), the preservation of which will
yield a significant public benefit pursuant to clearly delineated governmental
conservation policies as provided in RCW 84.34.210 and 64.04.130 and the
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Jefferson County Open Space Tax Program, as provided in Resolution No. 82-91
and any successor provision.
3.1.1. Granting Owner and Grantee agree that the desired future condition of the
Riparian Habitat Zone portion of the Property is a riparian and wetland
ecosystem along Jakeway Creek that benefits salmonid species and other
native fish and wildlife, and is characterized generally by the following attributes:
3.1.1.1. Appropriate native or non-invasive trees and shrubs that provide
shade, bank and soil stability, and other beneficial riparian functions for
Jakeway Creek;
3.1.1.2. Small and large woody material for instream habitat structure; and
3.1.1.3. Source of food and nutrients to the aquatic food chain.
3.1.2. Granting Owner and Grantee agree that the desired future condition of the
Working Forest Zone portions of the Property is a productive forest maintained
through time that is characterized generally by the following attributes:
3.1.2.1. Stands of trees grown to yield logs and/or fiber suitable in size and
quality for the production of lumber, plywood, pulp or other forest products
3.1.3. Granting Owner and Grantee agree that the desired future condition of the
Mowers Forest Preserve portion of the Property is an old -growth forest
ecosystem characterized generally by the following by the following attributes:
3.1.3.1. A structurally diverse forest stand, with variable age classes and
species;
3.1.3.2. Well -distributed large -diameter trees common throughout the dominant
crown class;
3.1.3.3. Well -distributed standing dead trees; and
3.1.3.4. Down tree logs and other woody debris on the forest floor.
3.1.4. Granting Owner and Grantee agree that the desired future condition of the
Agricultural Zone portion of the Property is fertile healthy soils used for existing
or potential agricultural activities, and all infrastructure associated with permitted
residential uses and agricultural activities.
3.2. Stewardship Plan.
3.2.1. As of the Effective Date of this Easement, Granting Owner and
Grantee have agreed to a stewardship plan (an "Approved Stewardship Plan")
for stewardship of the Property prepared by a person qualified and experienced
in preparing stewardship and forest management plans in Jefferson County,
Washington. The goal of land management activities pursuant to an Approved
Stewardship Plan is to support and achieve the desired future conditions as
described in Section 3 above. Any revision to an Approved Stewardship Plan
must be in writing, and approved in writing by the parties to the plan. All
approved stewardship activities on the Property under the Approved
Stewardship Plan are to be carried out in compliance with the Purpose
(described in Section 3 above) and terms of this Easement. An Approved
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Stewardship Plan may be modified, updated, or otherwise changed only with
Owner's and Grantee's approval, in each party's sole discretion. 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.
3.2.2. 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 no more
than 90 days following the date of conveyance of the Property; provided,
however, that no harvesting of timber shall occur on the Property until such
interim plan has been either extended or revised through the written approval of
Grantee and Owner. Grantee shall meet with the new Owner during such 90
day period for the purpose of reviewing the plan with the new Owner of the
Property 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.
3.3. Interpretation of Easement and Stewardship' Plan.
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 such 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 flexibility through the Approved Stewardship Plan to
undertake activities that are consistent with the Purpose and terms of this
Easement.
3.3.3. The Parties intend that the Approved Stewardship Plan be interpreted in a
manner consistent with the Purpose of this Easement that supports and
achieves the desired future conditions as described in Section 3.1 above.
3.3.4. The Parties recognize that climate change may significantly alter the
ecosystems on the land, and the Parties intend to adapt to changes to the
ecosystem and associated species over time to help retain the protected
conservation values. The Parties intend to help the land remain healthy and
viable, adapting to future changes to the climate or the ecology of the region
within which the Property is located.
3.4. No PublicRights Conveyed Through Easement. The Parties acknowledge that
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.
4. RIGHTS CONVEYED TO GRANTEE
4.1. To accomplish the Purpose of this Easement, the following rights are conveyed to
Grantee by this Easement:
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4.2. 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.
4.3. Access by Grantee. As provided for and limited herein, Granting Owner hereby
grants to Grantee reasonable and non-exclusive access to the Property, including
along any easement roads providing access to the Property, usually annually and at
reasonable times 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:
4.3.1. 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 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.
4.3.2. To enter upon the Property, at a mutually agreeable date and time and upon
reasonable prior notice to Owner, to inspect the Property after major natural
events occur, such as fires, windstorms, land subsidence, and floods.
4.3.3. To enter upon the Property, at a mutually agreeable date and time and upon
reasonable prior notice to Owner, for educational or scientific use.
4.3.4. To enter upon the Property at such other times Grantee may have a
reasonable basis to believe that a violation of the Easement is occurring, for the
purpose of enforcing the provisions of this Easement. Prior to entry, Grantee is
to provide Owner notice, and describe the basis of the reasonable belief that a
violation is occurring on the Property.
4.4. Grantee is to exercise its access rights in compliance with applicable law and in a
manner that will not materially disturb or interfere with Owner's reserved rights, any
other person's lawful use of the Property, or Owner's quiet enjoyment of the
Property. Owner may not unreasonably withhold or delay their consent with regard
to dates or times proposed for access by Grantee.
4.5. Development Rights. Granting Owner hereby grants to Grantee all development
rights except as specifically reserved herein, and the Parties agree that such rights
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.
4.6. Injunction and Restoration. Grantee has 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 has
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.
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4.7. Enforcement. Grantee has the right to enforce the terms of this Easement, in
accordance with Sections 8 and 9; Jefferson County has no obligation to participate
in or assist with enforcement of this Easement.
4.8. Assignment. This Easement is transferable, but Grantee may assign its rights and
obligations under this Easement only in the manner provided in Section 13 of this
Easement.
4.9. Signage. Grantee has the right to erect and maintain one or more signs or other
appropriate markers on the Property bearing information indicating that the Property
is protected by this Easement held by Grantee.
4.10. Third Party Beneficiary. Granting Owner and Grantee recognize that, as a
funding source for this Easement, Jefferson County is a third party beneficiary of this
Easement. All rights and remedies conveyed to Grantee under this Easement shall
extend to Jefferson County, subject to prior coordination with Grantee.
5. 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 or otherwise restricted 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 on the Property in
the manner provided for herein, which are to be considered permitted uses and
activities under the Easement.
5.2. Habitat Stewardship Activities. Owner may engage in, and allow others to engage
in, any activity to monitor, protect, maintain, and restore the Conservation Values of
the Property, ;including, without limitation, habitat restoration, enhancement, and
managementactivities ("Habitat Activities"), pursuant to an Approved Stewardship
Plan covering the Property. All Habitat Activities on the Property are to be carried
out in compliance with the Purpose and terms of this Easement and in accordance
with an Approved Stewardship Plan.
5.3. Water Rights. Owner may exercise existing water rights by putting them to any
beneficial use on the Property 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 on the Property relating to the water
rights (such as water lines) 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.
5.4. Residential Uses and Improvements. Owner may use the Agricultural Zone of the
Property for residential and other structures allowable under applicable law and not
prohibited under this Easement ("Residential Uses"). For personal, residential,
domestic, forestry, and agricultural uses and activities within the Agricultural Zone,
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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 of this Easement, to use, maintain, repair, reconstruct, expand, or replace
the existing single-family residence, and the right to install, build, or construct,
expand, enlarge, maintain, repair, replace, or decommission accessory dwelling units
associated with one single-family residence, outbuildings, and other structures, as
permitted by applicable law ("Other Residential Improvements"), provided that each
such structure is devoted to Residential, Forestry, or Agricultural Uses allowed under
this Easement. No dwelling unit or Other Residential Improvements are permitted
outside the Agricultural Zone as depicted on Exhibit B.
5.5. Agricultural Uses and Improvements. Owner may, in accordance with an Approved
Stewardship Plan, use the Agricultural Zone of the Property for agricultural activities
allowable under applicable law and not prohibited under this Easement ("Agricultural
Activities"). As used herein, "Agricultural Activities" means and includes the retail
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 retail production of berries, grain, flay, 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 retail 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, canals, and drains, and use of water for agricultural purposes
in accordance with applicable law; ground 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 agricultural buildings,
barns, open (uncovered) riding arena, fences, roads, bridges, and similar features,
as well as restoration and maintenance of streambanks, watercourses, and wetland
ponds.
5.6. Forestry Uses. Within the Working Forest Zone portion of the Property, Owner may,
in accordance with an Approved Stewardship Plan, engage in, and allow others to
engage in, Forestry Activities, as defined herein, on the Property, as further provided
for and limited in this Section.
5.7. As used herein, "Forestry Activities" means 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;
employment and use of labor; roadway movement of equipment and products;
protection from damage by wildlife; prevention of trespass; and construction and
maintenance of temporary roads and landings to facilitate forestry uses and
activities; provided, however, that the construction of new roads in addition to the
roads depicted in Baseline Documentation shall be minimized and governed by an
Approved Stewardship Plan.
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5.8. 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.
5.8.1. Within the Working Forest Zone, the forest maybe managed on a single or
multi -cohort basis, by harvesting individual trees, small groups of trees, or larger
patches of trees. Clear-cut harvesting (defined for the purposes of this
easement as a harvest opening of 3-10 acres where the relative density of trees
retained after harvest is less than or equal to 0.2) shall be harvested based on a
minimum 50 year rotation age, and may be up to 10 acres within each
consecutive 5-year period.
5.8.2. Within the Mowers Forest Preserve, the forest may be managed solely to
achieve the desired future conditions and generally will be very limited in scope
as to leave the forest largely undisturbed.
5.8.3. Within the Riparian Habitat Zone, the forest may be managed solely to
achieve the desired future conditions and generally will be very limited in scope
as to leave the forest largely undisturbed.
5.9. Grantor shall give Grantee written notice of any Forestry Activity or timber harvest
requiring a forest practices permit under Washington law prior to implementation.
5.10. Grantor may manage, sell, exchange, or otherwise deal with the carbon, or
the carbon sequestration capacity associated with forest resources within the
Working Forest Zone.
5.11. Other Improvements. Subject to the limitation on Impervious Surfaces in
Section 6 of this Easement, Owner may maintain, repair, replace, or decommission
structures, fences, roads, driveways, ditches, gates, bridge and culvert crossings of
Jakeway Creek and its tributaries, and other permanent improvements described in
the Baseline Documentation as existing on the Property as of the Effective Date of
this Easement ("Other Improvements"), provided that such activities are carried out
in compliance with the Purpose and terms of this Easement. Owner reserves the
right to replace the footbridge existing as of the Effective Date with another vehicle
crossing; the construction and location of which shall minimize impacts to the
Riparian Zone and shall be done in accordance with an Approved Stewardship Plan.
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 Agricultural Zone from a county road, as shown on Exhibit
B, subject to the limitation on Impervious Surfaces in Section 6 of this Easement.
Except within the Riparian Zone, Owner may install, build, or construct, expand,
enlarge, maintain, repair, replace, or decommission wind, solar, or other alternative
energy installations 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
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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,
outside of the Riparian Zone, for the production of wind, solar, or other alternative
source of energy. Outside the Agricultural Zone, Owner may 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.
5.12. Any 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, any portion of a septic system located outside the Building
Envelope must be in a location agreed upon in writing by both Owner and Grantee in
advance of any ground -disturbing activities and must include subsequent restoration
of disturbances to the soil and vegetation resulting from the construction.
5.13. Recreational or Educational Uses. Owner may engage in, and allow others to
engage in, recreational or educational activities on the Property, including the
construction, maintenance and use of pedestrian trails on the Property except in the
manner and in the areas prohibited under the provisions of Section 6 herein.
Outside of the Riparian Habitat Zone, Owner may construct, repair, maintain, and
replace no more than three (3) tent platforms; each not to exceed 100 square feet in
area, for temporary camping; no camping activities are permitted in the Riparian
Habitat Zone. Waste management facilities shall be provided for tenting sites utilizing
methods designed, constructed, and maintained so as to prevent significant impacts
to the Conservation Values. In addition, within the Working Forest Zone or the
Mowers Forest Preserve Grantor reserves the right to construct one small (not to
exceed 200 square feet) shelter without` utilities for personal recreational use in
accordance with an Approved Stewardship Plan. Recreational uses are limited to
low impact uses and types of passive recreation that do not require site modification
to accommodate motorized, mechanical, or electronic accessories. All forms of
developed or commercial recreation or recreation that adversely impacts the
Conservation Values of the Property are prohibited. All recreational and educational
activities on the Property must be carried out in compliance with the Purpose and
terms of this Easement, and in accordance with an Approved Stewardship Plan.
5.14. Vegetation Removal. Owner reserves the right to conduct, in accordance with
an Approved Stewardship Plan, removal or control of non-native or invasive plants.
Owner also reserves the right to remove hazard trees anywhere on the Property that
threaten people or structures or that block access roads or trails on the Property.
5.15. Emergency Action. Owner may undertake any activities on the Property 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 must 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.
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6. PROHIBITED AND RESTRICTED USES AND ACTIVITIES
6.1. General Prohibitions. The following uses and activities are prohibited anywhere on
the Property:
6.1.1. 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
Owner 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, though not an exhaustive list of inconsistent uses or activities, 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.
6.1.2. Conversion to Incompatible Uses. Owner may not convert the Property to
industrial or suburban/residential development or to any other use that is
incompatible with protection of the Conservation Values of the Property.
Prohibited uses specifically include but are not limited to: concrete batch plants;
processing or refining of sand, gravel, metals, chemicals, or any other materials;
slaughter houses or other facilities for processing livestock or other animals,
except facilities for processing livestock produced on the Property; commercial
storage; sales of motor vehicles that are inventory; and fish farms or other
aquaculture facilities.
6.1.3. Limitations on Improvements. Owner may build, replace, construct,
expand, or rebuild structures or improvements only in a manner consistent with
the limitations, prohibitions, and other terms and conditions of this Easement
and the following absolute limit on Impervious Surfaces (as defined below):
6.1.3.1. Impervious Surfaces Limitation. The total area of the Property
covered by Impervious Surfaces, including but not limited to graveled
areas, shall be limited to no more than three percent (3%) of the area of the
Property; provided, however, that Owner may utilize gravel for the
construction of forest roads up to an additional 2% of the of the area of the
Property. Minor unenclosed agricultural improvements such as corrals,
hayracks, headgates, fences, ditches, culverts, stock tanks, seasonal
agricultural structures (such as a "hoop house": a floorless, framed
structure with no foundation) 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. 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, recreational structures, patios,
driveways, parking lots, storage areas, areas that are paved, graveled, or
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made of packed or earthen materials, or other surfaces that similarly
impede the natural infiltration of surface and storm water.
6.1.4. Subdivision. Owner shall keep the Property in common ownership. Owner
may not legally or in a "de facto" manner subdivide the Property, which includes,
without limitation, any subdivision, short subdivision, platting, binding site plan,
testamentary division, or other process by which the Property is divided into lots
or in which fee title to different portions of the Property is held by different
owners. This provision may not be interpreted to preclude lot line adjustments
or leases.
6.1.5. Extraction and Land Alteration. Owner may not explore for or develop,
extract, remove, or drill for oil, gas, coal, lignite, hydrocarbons, limestone,
geothermal resources, fossils, metals, ores, sand, gravel, rock, stone,
aggregate, peat, clays, marl, and other minerals by any surface mining
technique. In addition, Owner may not alter the surface of the land on the
Property, including, without limitation, grading, excavating, or removing soil,
sand, gravel, rock, stone, aggregate, peat, or sod, unless any such activity is for
use on the Property, takes place within the Agricultural or Working Forest
Zones, or occurs in conjunction with maintenance of the existing driveways as
depicted on the Survey, or occurs in conjunction with other activities permitted
under this Easement, and is accomplished in a manner that is consistent with
the Purpose and terms of this Easement and in accordance with an Approved
Stewardship Plan
6.1.6. Soil Degradation or Water Pollution. Owner may not engage in any use or
activity on the Property that causes or is likely to cause significant soil
degradation or erosion or significant pollution of any surface or subsurface
waters.
6.1.7. Release of Hazardous Substances. Owner shall prevent the Release of
Hazardous Substances on the Property. The term "Release" shall mean any
generation, treatment, disposal, dumping, burying, or abandonment on the
Property occurring after the Effective Date of this Easement, but shall not
include any migration to the Property from adjacent property. 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 that 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.
This provision may not be interpreted to prohibit: (a) storing and using fuel and
chemicals, including, but not limited to, biosolids or other forms of fertilizers
("Fertilizers"); herbicides, rodenticides, fungicides, insecticides, or other forms of
pesticides ("Pesticides"); paints; solvents; and cleaners; provided that such
storage and use is in compliance with federal, state, and local laws and
regulations and manufacturer recommendations; (b) using fire to dispose of
waste, provided that such disposal is otherwise permitted by local law; and (c)
storage and use of wood that is treated with preservative.
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6.1.8. Feedlot. Owner may not establish or maintain a commercial feedlot on the
Property. For purposes of this Easement, "commercial feedlot' means and refers
to a 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.
6.1.9. Construction of Ponds. Owner may not construct any ponds on the Property
except in accordance with an Approved Stewardship Plan.
6.1.10. Trash. Owner may not dump or dispose of trash or other debris on the
Property.
6.1.11. Commercial Signage. Owner may not place or erect any commercial signs,
billboards, or other advertising material on the Property, except as related to a
business allowed under this Easement and located on the Property.
6.1.12. Nonnative Plants. Owner may not intentionally introduce noxious weeds on
the Property, as defined and listed by Jefferson County or the State of
Washington.
6.1.13. Commercial Recreation Activities. Owner may not conduct commercial
recreational activities on the Property, other than de minimus use of the Property
for commercial recreational activities. By prohibiting commercial outdoor
recreational activities, it is the intent of the parties to prevent the Property from
becoming the site of a commercial recreational enterprise, such as a commercial
campground, a"golf course, an exclusive hunting grounds or club, a commercial
site for an all -terrain vehicle, motocross or other racetrack, a riding arena, a
dressage field, or other similarly intensive or predominantly commercial use.
6.2. The following additional uses and activities are prohibited or restricted within the
Agricultural Zone: Grazing livestock without having in place fences or other means
of control that prevent livestock from entering the Riparian Habitat Zone.
6.3. The following additional uses and activities are prohibited or restricted within the
Riparian Habitat Zoneand the Forest Zones, except to the extent required as an
"Emergency Action," as defined in Section 5.10 above:
6.3.1. Construction or installation of any Improvements, except as otherwise
permitted in this Easement;, provided that any Improvements (including
underground utilities) described in the Baseline Documentation as existing as of
the Effective Date of this Easement, may be maintained by Owner;
6.3.2. Agricultural uses and activities, including but not limited to grazing livestock
and kenneling, penning, or other confinement of animals, except agroforestry
activities in accordance with Section 5.10;
6.3.3. Storage of motor vehicles, trailers, machinery or equipment, or any debris;
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6.3.4. Damming, diking, dredging, filling, altering, or manipulating natural
watercourses, wetlands, or ponds, except as allowed under an Approved
Stewardship Plan;
6.3.5. Construction of new roads, except for temporary roads and landings to
facilitate forestry uses and activities within the Forest Zone, as permitted in
Section 5.7;
6.3.6. Construction of bridges, culverts, or other new stream crossings over Jakeway
Creek or its tributaries; provided, however, that Owner may, maintain and
replace the two existing driveway bridges as shown in the Baseline Document
as existing as of the Effective Date of this Easement, and reserves the right to
replace the existing foot bridge with a new vehicle crossing as per Section 5.8
as existing as of the Effective Date of this Easement;
6.3.7. Construction of any trails that are made or improved with impervious material;
6.3.8. Harvest of timber (commercial or non-commercial) in a manner that is
inconsistent with an Approved Stewardship Plan. Owner shall provide written
notice to Grantee of any harvest of timber in the Forest Zone in advance of any
timber harvest activity.;
6.3.9. Planting non-native trees or other vegetation, except for such non-native (but
not -invasive) plants specifically allowed in an Approved Stewardship Plan;
6.3.10. Using pesticides, herbicides, fertilizers, or other chemicals to treat soil, water,
animals, or vegetation, except in accordance with an Approved Stewardship
Plan; and
6.4. The following additional uses and activities are prohibited within the Riparian Habitat
Zone:`
64.1. Clearing or mowing of native vegetation, except in accordance with an
Approved Stewardship Plan.
6.4.2. Constructionof new trails; provided, however, that Owner may build and
maintain new trails in accordance with an Approved Stewardship Plan;
6.4.3. Use of motor vehicles (including ATVs) or horses off of driveways or bridges
("ATV" means motorized all -terrain vehicle); provided, however, that motor
vehicles may be used in connection with restoration activities to the extent
permitted under an Approved Stewardship Plan.
7. 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, and in accordance with an Approved Stewardship Plan.
8. Limitation on Transfers.
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8.1. 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.
8.2. Owner may 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 and Jefferson
County; provided, however, that such consent may not be withheld unless Grantee
and Jefferson County determine that the proposed Transfer would be inconsistent
with the Purpose and terms of this Easement.
9. NOTICE AND CONSENT
9.1. The following require notice to but do not require consent of Grantee: i) Any
mortgage, deed of trust, or similar document providing security for an indebtedness
of Owner, provided, however, that such security interest shall be subject and
subordinate to this Easement; ii) alternate energy installations for personal use within
the Agricultural Zone; or iii) any gift, bargain, sale, or devise of fee simple absolute
title to the Property.
9.2. Notice.
9.2.1. 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 is to provide such notice in writing not less than 30 days prior to the
date Grantee intends to undertake, the use or activity in question.
9.2.2. Owner. Certain provisions of this Easement require Owner to give notice to
Grantee prior to undertaking certain permitted uses and activities (e.g., Sections
5.3, 5.7, and 11.5). 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
Easement, Owner is to provide such notice in writing not less than 90 days prior
to the date Owner intends to undertake the use or activity in question. The
notice is to 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.
9.3. Consent.
9.3.1. 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 non -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
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Purpose and terms of this Easement that must be satisfied in undertaking the
proposed action, use, or activity.
9.3.2. 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 must grant, condition, or
withhold its consent in writing within the following time periods:
9.3.2.1. Owner. Where consent by Owner is required under this Easement,
Owner must either grant, condition, or withhold their consent within 30 days
of receipt of a written request by certified mail for consent.
9.3.2.2. Grantee. Where consent by Grantee is required under this Easement,
Grantee shall grant, condition, or withhold its consent within 30 days of
receipt of a written request by certified mail for consent.
9.3.3. 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 9, the Parties agree
that failure to grant or withhold consent within the required time on any proposed
action, use, or activity may not be deemed or construed to be an approval of a
proposed action, use, or activity or to be a waiver of Grantee's rights under this
Easement with respect to any future proposed action, use, or activity.
9.4. Optional consultation. If Owner is unsure whether a proposed action, 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 action, 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 9.4 does
not itself impose a requirement of prior consent of the action, use, or activity
described in any such notice.
9.5. Addresses for Notices. Unless otherwise required to be sent via certified mail, any
«notice, demand, request, consent, approval or communication that either Owner or
Grantee desires or is required to give to the other must be in writing and be
personally delivered, or sent by first class mail with 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: Paul and Sarah Mahan
240 Jakeway Road
Quilcene, WA 98376
Telephone: (360) 531-0199
Email: paulandgus@gmail.com
To Grantee: Jefferson Land Trust
1033 Lawrence Street
Port Townsend WA 98368
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Telephone: (360) 379-9501
Fax: (360) 379-9897
Email: info@saveland.org
10. DISPUTE RESOLUTION
10.1. Preventive Discussions. Owner and Grantee will promptly give the other party
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 15 business days after receipt of a written request for a
meeting, to minimize the same.
10.2. 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 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:
10.2.1. 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.
10.2.2. 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
scheduled by the mediator. Representatives of all Mediation Parties with
settlement authority will attend mediation sessions as requested by the
mediator.
10.2.3. 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 may be disclosed in any subsequent proceeding or
construed as an admission of a party. Records of mediation communications
shall be exempt from the requirements of Chapter 42.56 RCW (Washington
State Public Records Act) to the extent provided for in Chapter 7.07 RCW
(Washington State Uniform Mediation Act).
10.2.4. Time Period. Neither party shall be obligated to continue the mediation
process beyond a period of 60 days from the date of receipt of the initial request
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or if the mediator concludes that there is no reasonable likelihood that continuing
mediation will result in a mutually agreeable resolution of the dispute.
10.2.5. 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.
10.3. Arbitration. The Parties may by mutual agreement submit disputed matters
(other than extinguishment of this Conservation Easement which shall occur only in
accordance with Section 11 below) to arbitration upon such rules of arbitration as the
Parties may agree.
11. GRANTEE'S REMEDIES
11.1. 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 in writing.
11.2. Owner's Failure to Respond. Grantee may bring an action as provided in
Section 9.3 if Owner:
11.2.1. Fails to cure the violation within 30 days after receipt of notice thereof from
Grantee;
11.2.2. Under circumstances where the violation cannot reasonably be cured within
the 30 day period, fails to begin curing such violation within the 30 day period; or
11.2.3. Fails to continue diligently to cure such violation until finally cured.
11.3. 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 the terms of this Easement or injury to any of the
Conservation Values protected by this Easement, including damages for the loss of
any 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.
11.4. 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
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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.
11.5. 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 remediesdescribed 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 may not be interpreted to
preclude Grantee from obtaining monetary or declaratory relief.
11.6. 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 and distributed as
provided in Section 11.4; 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 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.
11.7. 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 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. This paragraph does not apply to the municipal corporation that is Jefferson
County.
11.8. Grantee's Discretion. Enforcement of the terms of this Easement shall be at
the discretion of 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 may not be deemed or construed to be a waiver by Grantee of such term or
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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 Owner shall impair such right
or remedy or be construed as a waiver. Jefferson County has no obligation to
participate in or assist with said Enforcement.
11.9. Waiver of Certain Defenses. Granting Owner acknowledges that they have
carefully reviewed this Easement and has consulted with and been 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 they 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.
11.10. Acts Beyond Owner's Control. Nothing contained in this Easement may 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 and Grantee's expense, 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. Jefferson
County has no obligation to participate in or assist with said enforcement.
11.11. Compliance Certificates. Upon request by Owner, Grantee shall, as soon as
possible and no later than 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 must conduct an inspection, at Owner's expense,
within 45 days of receipt of Owner's written request and payment therefor.
12. LIABILITIES, TAXES, AND ENVIRONMENTAL COMPLIANCE
12.1. 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 Owners or Grantee. Owner remains solely
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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.
12.2. Taxes. Owner must 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 must furnish Grantee with satisfactory
evidence of payment upon request.
12.3. Liability. Each party to this Easement is responsible for its own acts and/or
omissions and those of its members, directors, officers, employees, agents, and
contractors. No party to this Easement is responsible for the acts and/or omissions
of entities or individuals not a party to this Easement.
12.4. Representations and Warranties. Granting Owner represents and warrants
that, to the best of Granting Owner's knowledge without the duty of investigation:
12.4.1. 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;
12.4.2. 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;
12.4.3. 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
70.105D010 et seq.) ("MTCA") sites; and
12.4.4. Thereisno 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 Property. No civil or criminal proceedings have been instigated or
are pending against Granting Owner or Granting Owner's predecessors by
government agencies or third parties arising out of alleged violations of
environmental laws, and neither Granting Owner nor Granting Owner's
predecessors in interest have received any notices of violation, penalties,
claims, demand letters, or other notifications relating to a breach of
environmental laws.
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12.5. 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 under applicable law (except that the use of institutional controls
may 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
Owners in compelling third parties to contain and remediate any such Release.
12.6. 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 Owners'
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") or owner or
operator under the Model Toxics Control Act (MTCA).
13. SUBSEQUENT TRANSFER OR EXTINGUISHMENT
13.1. Extinguishment.
13.1.1. 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.
13.1.2. 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.
13.1.3. 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. Owners' inability to carry on any or all of the
permitted uses, or the unprofitability of doing so, shall not impair the validity of
this Easement or be considered grounds for its termination or extinguishment.
13.2. 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 and 11.4, for the value of the Easement taken; and
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
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11.3 violates applicable law, then the proceeds to Owner and Grantee shall be
divided in accordance with applicable law
13.3. Valuation. The Parties agree that the conveyance of this Easement gives rise,
for purposes of this Easement, to a property right immediately vested in Grantee,
with a fair market value that is at least equal to the proportionate value that
Easement, determined as of the Effective Date of the Easement, bears to the value
of the Property as a whole at that time (subject to reasonable adjustment to the
extent permissible under Section 170(h) of the Code for any improvements which
may hereafter be made on the Property). The proportionate value of Grantee's
property rights shall remain constant. If the Grantor obtains an appraisal for federal
income or other tax purposes, Grantor shall provide the Grantee with a copy of that
appraisal.
13.4. Distribution of Proceeds. In the event of extinguishment of this Easement
pursuant to Section 11.1, condemnation of this Easement pursuant to Section 11.2,
or damages received by Owner in an amount equal to the fair market value of this
Easement pursuant to Section 9.6, any proceeds attributable to the value of the
Easement shall be distributed pursuant to Section 11.1.2 and 11.3.
13.5. Subsequent Transfers. Owner agrees to: (1`) incorporate by express
reference the terms of this Easement in any deed or other legal instrument by which
Owner divests Owner 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. Ownerfurtheragree to give written notice to Grantee
and to Jefferson County Department of Environmental Health of the transfer of any
interest at least,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 Owner to perform any act required
by this Section 11 may not impair the validity of this Easement or limit its
enforceability in any way.
14. AMENDMENT
14.1. 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 County Department of Environmental Health,
to jointly amend this Easement, provided that no amendment shall be allowed that
will affect the qualification of this Easement or the status of Grantee under any
applicable laws, including without limitation RCW 64.04.130, Chapter 84.34 RCW, or
Section 170(h) of the Internal Revenue Code of 1986, as amended (or any
successor provisions then applicable). Any such amendment shall be consistent
with the original Purpose of this Easement; may not result in diminution of the
Conservation Values of the Property permanently protected under this Easement;
may not affect its perpetual duration; may not result in the release of any portion of
the Property from permanent protection under this Easement absent extinguishment
of the Conservation Easement as to such portion of the Property in accordance with
the provisions of Section 11 above; and shall be recorded in the official records of
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Jefferson County, Washington, and any other jurisdiction in which such recording is
required.
15. ASSIGNMENT
15.1. Assignment.
15.1.1. 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 and RCW 84.34.250 (or any successor provisions then applicable),
and a qualified organization under Section 170(h) of the Internal Revenue Code
of 1986, as amended (or any successor provisions then applicable. As
conditions of such transfer, Grantee shall require that assignee (a) continue to
carry out the Purpose of this Easement and (b) comply with the terms of any
agreement with a funding source for the acquisition of this Easement, if any.
Grantee shall notify Owner and Jefferson County 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 may not impair the validity of this Easement or limit its enforceability
in any way.
15.2. Rights and Obligations Upon Transfer. Grantee or Owner's rights and
obligations under this Easement' terminate upon transfer of the party's interest in the
Property or this Easement, as the case may be, except that liability for acts or
omissions occurring prior to transfer shall survive transfer.
15.3. Succession. If at any time it becomes impossible for Grantee to ensure
compliance with the covenants contained herein and Grantee has not named a
successor organization, or Grantee shall cease to exist, then Grantee's rights and
duties hereunder shall become vested and fall upon:
15.3.1. The Trust for Public Land; or
15.3.2. Such other entity, with purposes similar to Grantee's, authorized to acquire
and hold conservation easements under RCW 64.04.130 and RCW 84.34.250
(or any successor provisions then applicable), and a qualified organization under
Section 170(h) of the Internal Revenue Code of 1986, as amended (or any
successor provisions then applicable); provided that if such vesting in any of the
entities named above is deemed to be void under the Rule Against Perpetuities,
the rights and obligations under this Easement shall vest in such organization as
a court having jurisdiction shall direct, pursuant to the applicable Washington
law and the Internal Revenue Code and with due regard to the Purpose of this
Easement.
16. RECORDATION
16.1.1. Grantee shall record this instrument immediately upon execution 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.
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17. NO MERGER
17.1. 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 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.
18. GENERAL PROVISIONS
18.1. Effective Date. The Effective Date of this Easement is the date of its
recording in the official records of Jefferson County, Washington ("Effective Date").
18.2. 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, Granting Owner acknowledges the
jurisdiction of the courts of the State of Washington in this matter.
18.3. 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.
18.4. Severability.
18.4.1. Except as provided in Section 16.4.2 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, may not be affected thereby.
18.4.2. 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.
18.5. Entire Agreement. This instrument sets forth the entire agreement of the
Parties with respect to the Easement and supersedes all prior discussions,
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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.
18.6. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion
of Owners' title in any respect.
18.7. "Granting Owner"- "Owner" - "Grantee". The terms "Granting Owner" and
"Owner", wherever used in this instrument, and any pronouns used in the place
thereof, mean and include the above -named Granting Owner and Granting Owner's
successors and assigns, and the term "Grantee", wherever used in this instrument,
and any pronouns used in the place thereof, means and includes the above -named
Grantee and its successors and assigns. The term "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.
18.8. Successors. The covenants, terms, conditions, and restrictionsof 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.
18.9. 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.
18.10. 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.
18.11. 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.
18.12. 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.
19. SCHEDULE OF EXHIBITS
Exhibit A. Legal Description of Property.
Exhibit B. Conservation Zone Map
TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever.
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IN WITNESS WHEREOF, the undersigned Granting Owner has executed this instrument this
day of , 2020.
Paul Mahan
Sarah Mahan
Jefferson Land Trust does hereby accept the above Grant Deed of Conservation Easement
Jefferson Land Trust, a Washington nonprofit corporation
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STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
I certify that I know or have satisfactory evidence that PAUL MAHAN and SARAH
MAHAN are the persons who appeared before me and acknowledged that they signed this
instrument as their free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
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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 of 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
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EXHIBIT A
Legal Description of Property
The Southwest % of the Northeast'/4 AND the Southeast % of the Northeast % all in Section
18, Township 27 North, Range 1 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington
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EXHIBIT B
Conservation Easement Zone Map
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Exhibit C
2020 Conservation Futures Quilcene Headwaters to Bay Preservation Project Application
Quilcene Headwaters to Bay 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 apply
to the project Incomplete applications will not be accepted for consideration.
Unless directed otherwise, use as much space as needed to answer each question.
Contact program staff at 379-4498 or tpokorny@co.iefferson. wo. us with questions.
Background and Eligibility Information
1. Project Tide: Quilcene Headwaters to Bay Preservation
2. Conservation Futures Acquisition Request: $74,649 (in addition to the $119,323 awarded in 2019)
Conservation Futures O&M Request: $0 (already awarded in 2019 CFF round)
3. Total Conservation Futures Request: $74,649
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?
Paul and Sarah Mahan, with a conservation easement held by Jefferson Land Trust, and a REPI easement held
by the US Department of Defense.
5. Applicant Information
Organization Name: Jefferson Land Trust
Contact: Sarah Spaeth
Title: Director, Conservation and Strategic Partnerships
Address: 1033 Lawrence Street
Phone: (360) 379-1135, ext.101 Fag: �� - , ext.
Email: sspaeth@saveland.org
6. Sponsor Information: (if different than applicant) same
Name of Applicant or Organization:
Contact.
Title:
Address:
Phone: (_� - , eat Fax: ext. _
Email:
This application was approved by the sponsoes legally responsible body (e g., board, counci4 etc)
on February 19, 2019 for first request, March 17, 2020 for second request
7. Site Location
Street Address or Description of Location: 240 Jakeway Rd. Quilcene 98376
Driving Directions from Port Townsend: Take Center Road south to East Quilcme Road. Head east to Jakeway
Road (just past head of Quilcene Bay). Turn left onto Jakeway Road and follow to 240 Jakeway on the right.
Section: 18
Township: 27 N
Range: 1 W
Assessor's Parcel Number(s): 701 181 001, 701 181 004
Please differentiate current and proposed ownership of each APN and indicate if the parcel is to be
acquired with CF fands or used as match.
Both parcels listed above are to be preserved with a conservation easement held by Jefferson Land Trust, along
with a Navy REPI easement.
Please list the assessed values for each property or APN, as applicable.
701 181 001 — $187,099 current taxable value (includes improvements), market value assessed at
$248,352
701 181 004 - $4,697 current taxable value, with market value assessed at $163,213
8. Existing Conditions
New Site: Yes No X Number of Parcels: 2
Addition to Existing Site: Yes X No Acres to Be Acquired: 79.95
Total Project Acreage (if different): —135-acres (adjacent protected land on Donovan Creek+ Mahan)
Current Zoning: AL 1:20
Existing Structures/Facilities: One residence, a garage/barn and other small outbuildings
Any current covenants, easements or restrictions on land use: None
Current Use: Residential, forestry and agricultural uses
Waterfront (name of body of water): Jakeway Creek
Shoreline (linear feet): Approximate length - 3700 ft of Jakeway Creek and tributaries
Owner Tidelands/Shorelands: None
9. Current Property Owner X is _is not a willing seller.
2
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 fiords including: vegetation, topography, surrounding land
use, and relationship to parks, trails, and open space. Describe the use planned for the site, any
development plans after acquisition (including passive development), characteristics of the site which
demonstrate that it is well -suited to the proposed use, and plans for any structures currently on the site. If
applicable, describe how the site relates to the larger project, and whether the project has a plan, schedule
and funding dedicated to its completion. Please 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 $74,649
from the Jefferson County Conservation Futures Program in 2020 for the Quilcene Headwaters to
Bay project, previously awarded CFF finding in 2019 in the amount of $118,351. The goal of this
headwaters -to -bay project is to permanently protect wildlife habitat, farmland, and forests along
Jakeway Creek, a drainage that flows into Quilcene Bay. The bay supports seven species of salmonids
including federally threatened Hood Canal summer chum salmon, Puget Sound Chinook salmon,
steelhead trout and coastal Puget Sound bull trout, as well as Strait of Georgia coho salmon (federal
species of concern), pink salmon, and cutthroat trout. The Bay also provides spawning habitat for
herring, smelt, and Pacific sandlance, which are important food sources for many other species. The salt
marshes and Quilcene Bay also support eelgrass and dunegrass beds that provide cover and habitat. It is
also home to native shellfish crabs, beavers, river otter, harbor seals and numerous shore and water birds
including at least nine federal or state listed species. The rich natural resources of this estuary also
support recreational shellfish harvest and one of the largest commercial shellfish industries in the nation,
as well as agricultural lands, and a coastal community that continues to rely on the health of this system
for its economic, recreational, and cultural vitality.
We are currently working on Phase I of the project with the Mahan family, who are interested in
permanently restricting development of their nearly 80-acres of upland forest, pastureland and Jakeway
Creek, a tributary to Quilcene Bay. Approximately 14-acres of the Mahan property is pasture, garden,
and fiuit trees in the area of the single residence, with the remaining 66 acres in second growth forest,
rising up to the east from about 50' to 500' elevation and crossed by perennial Jakeway Creek and other
drainages. The large western red cedars were harvested in the early 1970's and subsequently the bulk of
remaining forest was harvested in 1992 and replanted with Doug fir. A fair amount of alder and big leaf
maple of mixed age classes exist in the lower elevation area and a small pocket of old, mature cedar and
fir is located in the NE corner of the property.
The project will result in preservation of large forested riparian buffers along the Jakeway Creek
headwaters, a forest preserve totaling 25.9 acres managed to achieve old growth characteristics; a
working forest of 19.6 acres; enhancement of water quality in Jakeway Creek and prime soils for
agricultural uses in an agricultural zone. A Navy REPI easement and a conservation easement held by
Jefferson Land Trust will extinguish all but one of the four development rights existing under county
code. According to WDFW, Jakeway Creek hosts coho, cutthroat, waterfowl concentrations, trumpeter
swans (plus fall chum, steelhead, in Donovan Cr.), and includes priority freshwater emergent and
freshwater forested/shrub habitat and a spotted owl management buffer.
This project builds upon extensive restoration efforts undertaken over the past decade on Jakeway and
Donovan Creeks by Jefferson County Conservation District, Jefferson Land Trust and the Hood Canal
Salmon Enhancement Group. Jefferson Land Trust preserves over 56 acres of riparian, wetland and
estuarine habitat at the head of Quilcene Bay through a conservation easement and fee ownership of
several preserves. We worked with project partners on a major restoration project to restore Donovan
Creek to its historic channel, and have replanted the riparian buffer and wetlands with thousands of
native plants. Other adjacent lands are owned by Pope Resources, DNR and private landowners.
Landowners adjacent to the Mahans may be interested in Phase II of the Quilcene Headwaters to Bay
project through sale of a conservation easement on their property. Protection of the Jakeway Creek
tributary represents an important expansion of these investments and is being developed in close
partnership with the Conservation District.
See table below for budget spreadsheet.
Overarching Goal:
Preserve the 80-acre Mahan property with easements that reduce development potential from four
residential rights to one; protect the prime agricultural soils, Jakeway Creek riparian habitat and scenic
open space values of the property; protect 19.6 acres of the upland forest as a working forest and another
25.9 acres as a forest preserve with restrictions on forestry activities. Success of this project will help the
Mahans pay off existing loans on the property and secure an option to acquire adjacent pastureland. This
may lead to a second phase of preservation efforts in the project area.
Objectives
1) Secure Jefferson County Conservation Futures funding for purchase of the conservation
easement — June 2019 — CFF funds awarded in the amount of $118,351
2) Secure additional $74,649 Jefferson County Conservation Futures funding for purchase of
the conservation easement — June 2020 based on anticipated funding shortfall.
3) Finalize conservation easement and REPI easement with landowner input.
4) Obtain appraisal to determine value of CE and REPI easement funding as match for CFF
program. Purchase the two easements in fall 2020.
11. Estimate costs below, including 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.
Projected costs have been amended for this 2020 application:
Estimated or Appraised Value of Properties) to be Acquired: $450,000.
Total Estimated Acquisition -related Cost (see Conservadon Futures Manual for eligible costs): $65,000
Total Operation and Maintenance Cost: $10,000
Total Project Cost: $525,000
Basis for Estimates (include information about how the property values) 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 easement value for the Mahan property is now estimated to be up to $450,000 due to additional
forest harvest restrictions and other recent appraisals for other projects. This is an increase from the
2019 application for the same project, hence the request for additional funding. An appraisal will be
initiated in the next month to determine the value of the conservation easement and the KEPI easement,
and is expected to be complete in June 2020. Operation and maintenance costs include annual
monitoring of the easements for a period of 10 years. The landowner will be selling the conservation
easement at full fair market value.
Q.uik ene Headwaters to Bay Preserve
Timeline
Est. Cost
CFF Request
Match
Project voluted costs
Easement acquisition
Fall/Winter 2020
$450,000
$123,000
$327,000
Land acquisition related costs, i.e.
Late 2019 and
$50,000
$50,000
appraisal, survey, Baseline document,
2020
Stewardship Plans, closing costs
Project management, admin and legal
ongoing
$15,000
$15,000
fees
O&M
ongoing
$10,000
$5,000
$5,000
Total
$525,000
Total: $193,000
$332,000
2019 Awarded:
$118,351
2020 Request:
$74,649
Scored Questions
1 a. Sponsor or other organizations X will _will not contribute to acquisition of proposed site and/or
operation and maintenance activities.
1 b. )if applicable, please describe below how contributions from groups or agencies will reduce the need to
use Conservation Futures program funds.
1 c. Matching Fund Estimate
Conservation Futures Funds Requested
Matching Fund0taources*
Total Project Acquisition Cost
Acquisition
O&M
%
18$ 8.000
$5,000
3
32$ 7.000
$5.000
630/9
$515,000
$10,000
100%
5
* If a prior acquisition is being proposed as match, please describe and provide documentation of value,
location, date of acquisition and other information that would directly link the match to the property being
considered for acquisition.
1 d. Source of matching Amount of Contribution if not, Contribution H not,
funds/resources contribution approved? when? available now? when?
US Department of Defense $275,000 Yes Ni late 2020 Yes N_Q after appraisal
Cash $57.000 Yes No Yes No
$ Yes No Yes No
Yes No
Yes No
NOTE: Matching funds are strongly recommended and a higher rating will be assigned to those projects that
guarantee additional resources for acquisition. Donation of property or a property right will be considered
as a matching resource. Donation of resources for on -going maintenance or stewardship (Nn-kind"
contributions) are not eligible as a match.
2 a. Sponsoring agency X is is not prepared to provide long-term stewardship (easement monitoring,
maintenance, up -keep, etc.) for the proposed project site-
2 b. Describe any existing programs or future plans for stewardship of the property, including the nature
and extent of the commitment of resources to carry out the stewardship plan.
Jefferson Land Trust will conduct stewardship and monitoring of the conservation easement terms,
including at least annual monitoring of the property by professional staff and trained volunteers,
extensive data collection and management, help with stewardship, enhancement and restoration goals
and legal defense of the conservation easements should it become necessary. Jefferson Land
Trust has a legal defense fund of over $700,000, and continues to build this fund with each
new easement acquisition, recognizing the legal obligation and responsibility of protecting
conservation values in perpetuity. In addition, Jefferson Land Trust carries legal defense
insurance for conservation easements through a program called Terrafirma, developed
through the national Land Trust Alliance (the national umbrella organization for land trusts).
This program covers up to $500,000 in legal enforcement costs per conservation easement that Jefferson
Land Trust holds and stewards.
Protection actions for this property are designed to balance forestland management and the agricultural
vitality of the region with the habitat needs for declining salmonid populations and estuary functions in
Quilcene Bay in line with regional salmon recovery priorities. The Conservation District is currently
working with landowners in the Quilcene Bay watershed to restore salmon riparian and wetland habitat,
providing technical expertise, support, and on the ground oversight of restoration activities. In addition
to restricting future development and industrial forest management to a small portion of the forested
acreage, this project provides a potential future partnership opportunity for the Conservation District to
conduct restoration and enhancement activities on Jakeway Creek, which would reduce sediment
buildup and improve salmon habitat.
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. We hold 62 conservation
6
easements on 4051 acres and have helped with the preservation and stewardship of another 12,302 acres
in Jefferson County. The Land Trust also holds title to over 697 acres of preserves, including the 135-
acre Bulis Forest Preserve, portions of the Quimper Wildlife Corridor, and salmon habitat on
Chimacum, Salmon, Snow and Donovan Creeks, the Big Quilcene and Duckabush Rivers. 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.
Collaboration is at the heart of our approach to conservation. We engage with partners in the
"Chumsortium" to bring back vibrant salmon runs on Hood Canal, and in the Jefferson LandWorks
Collaborative to support big -picture thinking around the ongoing economic viability of local farms and
working forests. We partner with regional government, local and national agencies, Tribes, peer
organizations, and individual citizens to safeguard the places we love and that are crucial to the health of
our community, now and into the future.
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:
As the only local land preservation organization utilizing permanent conservation tools, 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 Rock 2010; Chimacum Creek Carleson 2011; Winona Basin -
Bloede12011; 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
Iglitzin 2017; Chimacum Forest, Marrowstone 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 _are X are not in place.
4 c. AD parties are X are not in agreement on the cost of acquisition.
If "not" to any of the above, please explain below.
VA
We have drafted the conservation easement and REPI Restrictive easement documents with landowner
input on specific provisions. The appraisal process is due to begin in spring of 2020 and a survey of
conservation zones will be initiated soon. The Land Trust will offer the Mahans the fair market value for
the higher valued easement. Closing will hopefully take place in fall of 2020 depending on timing of
County funding.
5. The proposed acquisition
X is specifically identified in an adopted open space, conservation, or resource preservation program or
plan, or community conservation effort. Please describe below, including the site's importance to the
plan. Please reference the webske 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.
One of the most significant and unique features of this project is opportunity to protect a watershed that
directly feeds into Quilcene Bay. Because of substantial intact tidal marsh habitat, Quilcene Bay has
been recognized as a priority ecosystem for protection and restoration by many groups. It is a priority
nearshore conservation area according to The Nature Conservancy's Willamette Valley Puget Trough -
Georgia Basin Ecoregional Assessment (Floberg et al. 2004) because of its importance for conservation
targets such as surf smelt (an important forage fish) and Olympia oysters. Priority Conservation Areas
are defined as areas of biodiversity concentration that contain target species, communities and
ecosystems and are considered the highest priorities for conservation. It is also a priority zone for the
recovery of threatened Hood Canal summer chum salmon (Summer Chum Recovery Plan 2007) and
Puget Sound bull trout (JSFWS Draft Recovery Plan for the Coastal -Puget Sound Distinct Population
Segment of Bull Trout 2004).
Furthermore, Quilcene Bay and the estuarine and palustrine wetlands nearby provide many habitat and
foraging values that are recognized by national and regional plans aimed at conserving shorebirds,
waterfowl and water birds.
Jefferson Land Trust's community -vetted Conservation Plan articulates the importance of healthy rivers
and streams that enter into Hood Canal — "Many salmonid species spend a large part of their early life
stages in the estuaries, and water quality conditions in Hood Canal are essential to their continued
survival" (pg 14 and Pg 17, Jefferson Land Trust Conservation Plan, 2010). It also states that we should
"integrate aquatic corridor and watershed scale conservation tactics".
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,
The Mahan family is very interested in working with project partners to preserve and steward their 80
acres for the habitat and working land conservation values on site. They are also keenly interested in
acquiring the neighboring property to the west and south from willing sellers. With sale of the easements
on their parcel, they hope to be in a position to secure the adjacent --67 acres for agricultural production
and further salmon habitat and water quality protection. This would likely include a Phase H request to
the Conservation Futures program that would complete a preserved corridor from the Bay to the forested
uplands.
8
7. Summarize the project's conservation values and how the CF funds requested support these values.
Conservation values of this Quilcene Headwaters to Bay project include the potential for a corridor
connecting shoreline, lowlands, and forested uplands in the Jakeway Creek watershed. As mentioned
earlier, both Jakeway Creek and Donovan Creek enter into the head of Quilcene Bay estuary. Healthy
creek and buffer habitat will protect water quality and benefit sahnonid species as well as other wildlife
that live in the estuary or utilize the creeks as corridors to upland habitat. Significant forest management
restrictions on 25.9 acres of upland forest on the 80-acre Mahan property will preserve water quality and
provide for wildlife habitat for multiple species. Commercial timber harvest on an additional 19.6 acres
of upland forest will provide the economic benefits of working forestland while requiring a longer
timefiame between harvests. Conservation Futures Funds will contribute to the purchase of a
conservation easement that will allow one residential right, allow for continued agricultural and forestry
uses and allow for potential future restoration and enhancement activities on Jakeway Creek.
Protection, restoration, and sustainable management of the Phase I Mahan properties will build on
preservation of a wildlife corridor between the marine waters of Quilcene Bay and forested uplands, and
reduce sedimentation of salmon and shellfish habitat, and herring spawning grounds. Social and
economic benefits include retaining prime agricultural land for local food production, sustainably
managed forests that increase resiliency with climate change, and preserving the viewshed of Quilcene
and nearby US Highway 101, a Pacific Coast Scenic Byway.
S. 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 a b7bmadve in any of the above, please describe and list the Priority Habitat(s) and T/ereatenedi, Endangered,
or Sensitev+e species below, and cite or provide documentation of species' use.'
According to WDFW Priority Habitat and Species Report, Jakeway Creek hosts coho and cutthroat
trout, and the project area includes priority freshwater emergent and freshwater forested/shrub habitat
and spotted owl management buffer. Water quality from the property is important to the health of
Quilcene Bay and the conservation values of this tidal estuarine habitat as indicated in #5 above.
8 d. Does the current owner participate in conservation programs that enhance wildlife habitat? If so,
please provide details.
The current landowners are not currently involved with specific programs that enhance wildlife habitat,
but are very committed to land preservation and future enhancement activities. It is that deep interest
that has led to Jefferson Land Trust involvement in the property. The landowner is very open to
management suggestions that the Land Trust and other organizations and/or private consultants may
provide as we get to know the property better.
See, for example, http://www.dnr.wa.tiov/researchscigace/topigs/naturalheritate%ages/am� nh.astix
ht:p://www.wdfw.wa.gov/conservation/nhs/list/
htt!/www l _dnr. w ov/ram/refdesk/plants.html
hqp://wwwl.dnr_wa. ov/nhp/refdesk/pubs/wa ecological systems.pdf
9
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.
Much of the Jakeway Creek tributaries are located in the upper forested areas of the property. The
proposed riparian habitat zone and forest preserve zone will protect the water quality provided by the
tributaries in the upper watershed that are important for the health of salmonid populations. The lower
section of Jakeway Creek that is onsite was re-routed in approximately 1954 to the north and is mostly i
straight ditch. The Mahans are open to improving the salmon habitat in the lower section with fencing
and buffer planting with the guidance of the JCCD. Reconnecting Jakeway with its historic channel on
their property has been discussed with landowners and the Conservation District but has been
determined to be difficult if not impossible due to potential impact to neighboring structures and
property.
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 fonds.
The Mahan are currently raising livestock and hay, have horses and a garden. If they are successful in securing
the neighboring property, they will increase the number of livestock and agricultural uses of the total property
within the pastured areas.
10 b. Describe the current owner's record of implementing management practices that preserves and/or
enhances soil, water quality, watershed function and wildlife habitat on the farm.
Currently livestock are fenced out of the riparian buffer of Jakeway Creek.
10 c. Describe how the acquisition or proposed easement will likely preserve and/or enhance soil, water
quality, watershed function and wildlife habitat.
Soil, water quality, watershed function and wildlife habitat will all benefit from preservation of
agricultural soils in the low-lying pastureland through development restrictions and Best Management
Practices; creek and riparian preservation and enhancement through additional fencing and buffer
plantings and other activities. Controlling runoff in these ways will not only reduce erosion of
agricultural and forest soils and siltation of Quilcene Bay and its shellfish habitat, but also contribute to
replenishment of groundwater and aid resiliency in the face of a changing climate.
11 a. Describe the extent and nature of current and planned silvicultaral use of the proposed acquisition.
Please cite or provide documentation of existing or planned sgWcultural activities including forest
management plan (s) or forest ecosystem restoration.
After much discussion and negotiation on the future forest management options, the landowner and
Land Trust have mutually agreed that the proposed conservation easement design will include two
different forest zones on the property; one zone of 19.6 acres will continue as a working commercial
forest with forest management guided by DNR current Forest Practices and 50-year rotation cycles. In
the second forest Zone — indicated as the 25.9 acre Mowers Forest Preserve on the CE zone map, the
overall goal is to preserve and enhance the ecological functions through management aimed to advance
10
old growth characteristics. No timber revenue is allowed from management activities in the Mowers
Forest Preserve.
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.
Since their purchase of the property, the landowners conducted partial pre -commercial thinning of the
replanted industrial forest to improve the species diversity of the stand and allow for better growth of the
trees. The Mahans installed boulders in drainage ditches located in the upland forest under the guidance
of Department of Natural Resources, with the goal of improving water quality by slowing down water
flow and subsequent erosion. They have also conducted invasive species removal, specifically by
removing significant amounts of non-native blackberry.
11 c. Describe how the property acquisition or proposed easement will likely preserve and/or enhance soil,
water quality, watershed function and wildlife habitat.
Soil, water quality and wildlife habitat in the upland forest zone will be preseved primarily through
permanent requirements in the conservation easement guarateeing wide riparian buffers and the
designation of the Mowers Forest Preserve on 25.9 acres (see 11 a). With this multi -phased project, we
have a unique opportunity to preserve the Forests, Farm and Fish from the headwaters all the way down
to Quilcene Bay.
12 a. Describe how the proposed acquisition benefits primarily a local area X broad county area
including the area served, the nature of the benefit, the jurisdictions involved, and the populations served
Preservation of the Mahan property through purchase of the conservation easement and the REPI
easement benefits our community on many levels. As mentioned above, Quilcene Bay is recognized
nationally (perhaps even internationally!) as a critical estuary for commercial shellfish production, and
good water quality from the watersheds above is paramount for this industry. Salmonid populations also
benefit from preservation (and potential restoration) of Jakeway Creek, pasturelands and upland forests
of the Mahan property, and are critical species of concern in the Hood Canal and Puget Sound regions.
The REPI (Readiness and Environmental Protection Integration) program is a national land -conservation
funding source available through the Department of Defense. The Hood Canal region is of great .
strategic importance to the Department of Defense. As such, the Navy works with conservation partners
to identify areas with common interest for preservation of working forests, farmland, and high -value
wildlife habitat. The Mahan project represents an opportunity for the Navy and the Land Trust to work
with willing landowners to conserve land, thus protecting and buffering military installations and
operating areas from development.
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,
Dosewwdlips Valley, Bolton Peninsula, and the West End
Yes - the project is located at the top of the Bolton Peninsula.
11
13. Describe the educational or interpretive opportunities that exist for providing public access, educational
or interpretive displays (signage, kiosks, etc.) on the proposed site, including any plans to provide those
Improvements and any plans for public accessibility.'
Because the property includes a strong mix of forestry, farm and stream habitat, it provides an
excellent opportunity to educate the public on a variety of sustainable land management practices
in the Quilcene Bay watershed. The owners may be willing to allow access for educational programs,
supervised tours, field science surveys, and research. In particular, the landowner is skilled in forest
management and sustainable small scale timber mill operation, and may be interested in demonstrations.
14. The proposed acquisition _ includes historic or culturally significant resources3 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 affirmative in any of the above, please describe below, and cite or provide documentation of the historical or
cultural resources.
N/A
Verification
15. Sponsors of applications that are approved for funding by the Board of County Commissioners are
required to submit a brief progress report by October 30 every year for three years after the award is
approved, or three years after the acquisition funds are disbursed to the applicant, whichever is later. The
progress report must address any changes in the project focus or purpose, progress in obtaining matching
funding, and stewardship and maintenance. Sponsors receiving O&M funds will also submit an annual
report for each year that O&M funds are expended. The Committee will use the information to develop a
project "report card" that will be submitted annually to the Board of County Commissioners.
If this application is approved for funding, I understand the sponsor is required to submit progress reports
for three years and for any year in which O&M funds are expended.
i-� Initials .o Date
16. If, three years after the date funding is approved by the Board of County Commissioners, the
applicants have not obtained the required matching funds, the Committee may request the Board of
County Commissioners to nullify their approval of funds, and may require the project to re -apply.
If this application is approved for funding, I understand that we may be required to re -submit the
application if the projectsponsor does not obtain the necessary matching funding within three
years.`_ Initials '3 27 ' ate
2 The words "education' and "interpretation" are interpreted broadly by the CF Committee.
3 Cultural resources means archeological and historic sites and artifacts, and traditional religious ceremonial and
social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44
and 27.53 RCW
12
MAHAN QUILCENE HEADWATERS TO BAY PROJECT
CONSERVATION FUTURES FUNDS ILLUSTRATIONS — 2020
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Other Conservation Lands
Conservation Easements
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Land Trust Facilitated Protection
U Phase II Schmidt Project
Active Project Boundaries
Mahan
0 5,000 10,000 20,000
Feet
2011 Aerial Image NAIP',�
Mahan Property For informational purposes only. All JV
data represented are from varying
Location sources and approximate.
Map created in MARCH, 2019
Landowner
Acknowledgement Form
Landowner Information
Name of Landowner. Paul and Sarah Mahan
Landowner Contact Information:
First Name: Paul Last Name: Mahan
Contact Mailing Address: P.O. Box 73, Quilcene, WA, 98376
Contact E-Mail Address: paulandgus@gmail.corrr
Property Address or Location: 240 Jakeway Road, Quilcene, WA
1. We are the legal owners of property described in this grant application.
1. We are aware that the project is being proposed on our property.
2. If the grant is successfully awarded, we will be contacted and asked to engage in
negotiations.
3. Our signatures do not represent authorization of project implementation.
Signature
Project Sponsor Information
Project Name: Mahan Jakeway Creek
Project Applicant Contact information: Jefferson Land Trust
Name: Sarah Spaeth, Director, Conservation and Strategic Partnerships
Mailing Address:1033 Lawrence Street, Port Townsend, WA 98368
E-Mail Address: sspaethosaveland.org
Exhibit D
2020 Conservation Futures Program Manual
Quilcene Headwaters to Bay 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
InformationSources......................................................................................4
Reimbursement...........................................................................................5
Compliancewith 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..........................................................................................I I
ProgramSuggestions.....................................................................................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
tpokorny@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 Oeffbocc@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@co.jefferson.wa.us.
Reimbursement
All grants are funded through the Jefferson County Conservation Futures tax levy. Except in
the case of escrow payments, sponsors must expend their own funds on eligible and allowable
expenditures prior to requesting reimbursement. With sufficient lead time, an approved
settlement statement, and a preliminary title report, CF funds may be made available to the
title company shortly before closing for the direct costs of property acquisition and closing.
Please discuss dates for closings and loan periods with program staff to help ensure that grant
funds are ready and available when needed.
The project sponsor will commit to providing a matching contribution of no less than the
amount of conservation futures funds awarded to the project before conservation futures tax
funds are reimbursed to that sponsor. This contribution may consist of:
• cash
• land trades if the valuation of the land to be traded is established by a valuation
arising from an appraisal generated by a Washington State Certified Licensed
Appraiser (Member of the Appraisal Institute MAI);
• the cash value of the land to be traded, excluding Jefferson County conservation
futures contributions; or
• other open spaces acquired within the previous two years that is situated either
directly adjacent to or could, in the sole discretion of the county, be directly linked
to the property under application.
• cost of appraisal, title insurance, closing costs, and other miscellaneous fees (See
JCC 3.08.030(5).)
The funding request, reimbursement form and back up documentation may be submitted any
time during the project period. It is important to implement projects in as timely a manner as
possible and also to bill in a timely manner. Deeds and conservation easement documents
must be recorded by the Jefferson County Auditor's Office within 30 days of closing.
If matching funds are not secured within three years, the project may be required to re -apply.
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Jefferson County must pre -approve easement language and will add restrictive language to
statutory warrantee deeds, or require the use of other legal instruments, to ensure
conservation of project and match properties in perpetuity.
Compliance with All Laws
Project sponsors shall comply fully with the project agreement, grant program policies,
County policies and all applicable federal, state and local laws, orders, regulations and
permits.
Record Retention/Public Records Act
The project sponsor shall retain all books, records, documents, data and other materials
relevant to the agreement for a minimum of 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%ofthe total cost of the
project.)
_Related legal costs excluding the cost of preparing application for conservation
futures funds.
_Baseline documentation
_Boundary survey
Cultural resources review (survey, excavation, on -site monitoring and data recovery)
Conservation futures tax levy funds may not be used to acquire any real property or
interest in real property therein through the exercise of the power of eminent domain.
Eligible Operations & Maintenance Expenditures — Please note: Total 0 & M awards are limited to
15% of the conservation futures funding available in any year — contact staff for details.
Operations & Maintenance expenditures or match may include, but are not limited to:
_Cultural resources review (survey, excavation, on -site monitoring and data recovery)
Demolition
_Fencing (if needed for public safety or resource protection)
_Noxious weed control
_Signage
_Special site -specific reports (e.g. stewardship reports)
Wetland identification and/or delineation
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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 tpokomy@co.jefferson.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&MProjects
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 3 "1 every year from the date of award
until three years after the CF funds are disbursed. Sponsors receiving O&M funds will also submit an
annual report for each year that O&M funds are expended. An annual report template is included with
this manual and will be provided to the project sponsor electronically. The progress report must address
changes in the project focus or purpose, progress in obtaining matching funding, and stewardship and
maintenance, as applicable.
Program Changes
Project sponsors are expected to implement funded projects as described in their application
to the CFF. However, occasional changes may be necessary to a given project's success. This
section describes the process by which a project sponsor can initiate a request for change. A
change occurs whenever the language contained in the application to the Conservation
Futures Fund no longer accurately or fully describes the project.
The Committee prefers that project change requests be presented as follows:
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1. Send a "letter", addressed to the CF Committee, to the program 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.
IC 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 parry'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 Program Contact
Jefferson County Environmental
Public Health — Conservation
Futures
615 Sheridan Street
Port Townsend, WA 98368
These addresses shall be effective until receipt by one 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 2020.
By
Kate Dean, Chair
Jefferson Board of County Commissioners
Attested:
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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):
8. Total acreage:
9. Easement:
Title:
Seller:
10. Fee Simple
Seller:
11. Month and year that CF funding was awarded:
12. a). Purchase price: b). Total project cost:
13. Amount of CF award:
14. Month and year of acquisition:
15. Entity holding title:
16. Entity responsible for stewardship:
17. Plans or agreements pertaining to this acquisition:
18. O& M funds received since acquisition (list by year):
19. Existing and on -going activities and projects (for each 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 31 ' 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
Con.wrvation Future%
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letter%on Cnunt}, Washington
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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. 44-19 and 44-20
Quilcene Headwaters to Bay Preservation 12
STATE OF WASHINGTON
County of Jefferson
Dedication of Conservation Futures Funds to the }
Quilcene Headwaters to Bay project as Authorized }
by and in Accordance with Jefferson County Code } RESOLUTION NO. 44-19
Section 3.08.030(7) to Provide a System of Public }
Open Spaces }
WHEREAS, conservation futures tax levy collections, authorized under RCW
84.34.230, are an important means of retaining community character and accomplishing the open space
policies and objectives of the Jefferson County Comprehensive Plan that encourage the coordinated
acquisition of key open space lands for long-term protection; and
WHEREAS, Jefferson County is authorized by RCW 84.34.210 and 84.34.220 to
acquire open space land, agricultural and timber lands as defined in RCW 84.34.220; and
WHEREAS, the Conservation Futures Citizen Oversight Committee has reviewed
project applications for 2019 and made its funding recommendations to the Board of County
Commissioners in accordance with Jefferson County Code Chapter 3.08; and
WHEREAS, under the provisions of the Jefferson County Conservation Futures
Program, the Jefferson Land Trust, as project sponsor, requests funding towards the acquisition of a
conservation easement on two parcels of land in Sec. 18 T. 27N, R. 1 W with Assessor's Parcel
Numbers 701181001 and 701181004; and
WHEREAS, the County retains enough developable land to accommodate the Quilcene
Headwaters to Bay 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 $118,351 in conservation futures funds in the
2019 funding cycle for acquisition expenses contingent on a matching contribution of at
least fifty-four percent (54%) of the total project cost.
Resolution No.44-1 9 re: Dedication of Conservation Futures Funds to the Quilcene Headwaters to
Bay 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) AIDADOPTED this /ftylof , 2019 in Port Townsend, Washington.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
ATTEST:
Erin Lundgren
Clerk of the Board
(excused absence)
Pap 2 of 2
STATE OF WASHINGTON
County of Jefferson
Dedication of Conservation Futures Funds to the }
Quilcene Headwaters to Bay Preservation 2020 }
project as Authorized by and in Accordance with } RESOLUTION NO. 44 20
County Code Section 3.08.030(7) to Provide a }
System of Public Open Spaces }
WHEREAS, conservation futures tax levy collections, authorized under RCW
84.34.230, are an important means of retaining community character and accomplishing the open space
policies and objectives of the Jefferson County Comprehensive Plan that encourage the coordinated
acquisition of key open space lands for long-term protection; and
WHEREAS, Jefferson County is authorized by RCW 84.34.210 and 84.34.220 to
acquire open space, 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, $118,351 in Conservation Futures Funds were awarded in 2019 to Jefferson
Land Trust, as project sponsor, for the original Quilcene Headwaters to Bay Preservation project,
Resolution No. 44-19, towards the acquisition of a conservation easement on two parcels of land in
S 18 727N R1 W with Assessor's Parcel Numbers 701181001 and 701181004; 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 Quilcene
Headwaters to Bay 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 RESOL VED that:
1. Jefferson County hereby dedicates up to $74,649 in conservation futures funds in the
2020 funding cycle for conservation easement acquisition expenses contingent on an
updated matching contribution of at least sixty-three percent (630/9) of the total project
cost.
Resolution No. 4 4 2 Ore: Dedication of Conservation Futures Funds to the Quilcene Headwaters to
Bay Preservation 2020 project
APP
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.
►Y r rADOPTED this ��day of 2020 in Port Townsend, Washington.
r
\.,,, • s� �'t JEFFERSON COUNTY
BOARD O COMMISSIONERS
B n,/qhair
ATTEST:
(,A Kate Deah, Meinber
w ���dl-G,w
Carolyn allaway Awr`�Y�° lLI Ga
Deputy Clerk of the Board David Sullivan, Member