HomeMy WebLinkAbout052421_ca12Consent Agenda
Public Hea
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Pinky Mingo, Environmental Health and Water Quality
Director
Tami Pokorny, Natural Resources Program Coordinator
DATE:
SUBJECT: Agenda Item — Recreation and Conservation Office — Deed of Right
for Parcels #991-201-101 and #991-201-103; Upon signature —
perpetuity
STATEMENT OF ISSUE:
Jefferson County Public Health, Natural Resources Program, requests Board approval of the Recreation
and Conservation Office — Deed of Right for parcels #991-201-101 and #991-201-103; Upon signature —
perpetuity.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
This Deed of Right, for the former Brown property in Quilcene, ensures that the County shall not use or
allow any use of the property that is inconsistent with salmon recovery purposes. The County must also
allow public access to the property and must accept restrictions and inspections by the State for
compliance with the terms of the Deed and Project Agreement.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This property's acquisition was funded by a grant from the RCO Salmon Recovery Funding Board (#12-
1384) and the Public Works Big Quilcene Floodplain Fund.
RECOMMENDATION:
JCPH management request approval of the Recreation and Conservation Office — Deed of Right for
parcels #991-201-101 and #991-201-103; Upon signature — perpetuity.
REVIEWED BY:
'�,� ;�a--e/—�-�2,.* z
Mark McCa eyACounty Administra r
Community Health Environmental Public Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487
Upon Recording, Please Return To:
Washington State Recreation and Conservation Office
PO Box 40917
Olympia, WA 98504-0917
Attn: Josh Lambert
DEED OF RIGHT TO USE LAND FOR
SALMON RECOVERY PURPOSES
Brown Property
Grantor: Jefferson County Public Health
Grantee: STATE OF WASHINGTON, acting by and through the WASHINGTON
STATE SALMON RECOVERY FUNDING BOARD and the WASHINGTON
STATE RECREATION AND CONSERVATION OFFICE, including any
successor agencies.
Abbreviated
Legal
Description: Lts 1-3 & 17-20 Blk 1 I Quilcene (More particularly described in Exhibit "A"
(Legal Description), and as depicted in Exhibit `B" (Property Map)),
Assessor's Property Tax Parcel Number(s): 991201101, 991201103
Reference Numbers of Documents Assigned or Released:
The Grantor enters this Deed for and in consideration of monies coming in whole or in part from
the Salmon Recovery Funding Board state account. Such grant is made pursuant to the Project
Agreement entered into between the Grantor and the Grantee entitled Quilcene Acquisitions
Page 1 of 7
2012 Project Number 12-1384 signed by the Grantor on the 22"d day of April, 2013 and the
Grantee the 25th day of April, 2013 and supporting materials which are on file with the Grantor
and the Grantee in connection with the Project Agreement.
The Grantor hereby conveys and grants to the Grantee as the representative of the people of the
State, the right to enforce the following duties:
1. The Grantor shall take such reasonable and feasible measures as are necessary to
protect the Real Property as described in Exhibit A: Legal Description, in perpetuity.
Such measures shall be consistent with the purposes in the Project Agreement,
including protecting, preserving, restoring and/or enhancing the habitat functions on
the Real Property, which includes riparian, floodplain and upland habitat. This
habitat supports or may support priority species or groups of species including but not
limited to Hood Canal chum salmon, Puget Sound Chinook salmon and steelhead.
2. The Grantor shall allow public access to the Property as provided in the Project
Agreement. Such access shall be subject to the restrictions allowed under the Project
Agreement, by written agreement with the Grantee, or under state law. This
provision is not intended to prevent reasonable access or use restrictions that are
necessary for safe and effective management of the property consistent with salmon
recovery purposes and the Project Agreement.
3. The Grantor shall allow access by the Grantee to inspect the Real Property for
compliance with the terms of this Deed and the applicable Project Agreement to
which the Grantor is a signatory. Such access shall be subject to the restrictions, if
any, allowed under the Project Agreement, by written agreement with the Grantee, or
under state law. The Grantor warrants it has and shall maintain the legal right and
means to reach the property.
4. Without prior written consent by the Grantee or its successors, through an amendment
to the Project Agreement or the process set forth below, the Grantor shall not use or
allow any use of the Real Property (including any part of it) that is inconsistent with
the salmon recovery purposes herein granted and as stated in the Project Agreement.
The Grantor shall also not grant or suffer the creation of any property interest that is
inconsistent with the salmon recovery purposes herein granted and as stated in the
Project Agreement.
Grantee's consent to an inconsistent use or property interest under this Deed shall be
granted only to the extent permitted by law and upon the following three conditions,
which ensure the substitution of other eligible land. The conditions are: (1) the
substitute salmon recovery land must be of reasonably equivalent habitat qualities,
characteristics and location for the salmon recovery purposes as the Real Property
prior to any inconsistent use; (2) the substitute salmon recovery land must be of at
Page 2 of 7
least equal fair market value to the Real Property at the time of Grantee's consent to
the inconsistent use; and (3) the fair market value of the Real Property at the time of
the Grantee's consent to the inconsistent use shall not take into consideration any
encumbrances imposed on or alterations made to that land as a result of the original
state grant and other grants if such encumbrances or alterations reduce the value of
the Real Property from what it would be without them.
For purposes of this Deed, the Project Agreement includes any amendments thereto that occurred
prior to or may occur subsequent to the execution of this Deed.
This Deed contains covenants running with the land and shall be binding upon the Grantor, its
successors and assigns, and upon any person acquiring the Property, or any portion thereof, or
any interest therein, including a leasehold interest, whether by operation of law or otherwise. If
the Grantor sells all or any portion of its interest, the new owner of the Property or any portion
thereof (including, without limitation, any owner who acquires its interest by foreclosure,
trustee's sale or otherwise) shall be subject to applicable covenants and requirements under the
Deed.
This Deed may not be removed or altered from the Real Property unless specific approval has
been granted by the Washington State Recreation and Conservation Office and/or the
Washington State Salmon Recovery Funding Board or its successors.
The Washington State Recreation and Conservation Office and the Washington State Salmon
Recovery Funding Board and/or its successors shall each have a separate and independent right
to enforce the terms of this Deed.
REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW
Page 3 of 7
5�
GRANTOR:
Grantor Name
fay:
Name:
Title:
Dated this day of _ 20
STATE OF WASHINGTON
ss
COUNTY OF
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that they signed this
instrument, on oath stated that they were authorized to execute the instrument and acknowledge
it as the for the Grantor,
and to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:
Signed:
Notary Public in and for the State of Washington,
residing in
My commission expires
REMAINDER OF PAGE IS INTENTIONALLY BLANK; ADDITIONAL SIGNATURE PAGE
FOLLOWS
Page 4 of 7
GRANTEE:
STATE OF WASHINGTON, acting by and through THE WASHINGTON STATE
SALMON RECOVERY FUNDING BOARD, administered by the WASHINGTON
STATE RECREATION AND CONSERVATION OFFICE
Name: Scott T Robi
Title: Deputy Director
Dated this day ofl , 20 Z/
STATE OF WASHINGTON )
�7
COUNTY OF ss
,����u�� )
I certify that I know or have satisfactory evidence that -5—e dot %• /& �.6✓ru�.J
is the person who appeared before me, and said person acknowledged that they signed this
instrument, on oath stated that they were authorized to execute the instrument and acknowledge
it as the Q"L/ Q.rcNv. for the Recreation and Conservation Office and to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: 3 /3 i
Signed: . 1�4?. - A,- 13 s
Notary Public in and for the State of Washington,
residing in 0 iy Mf ' -"
My commission expires 'yoiz
Page 5 of 7
44
A AZ��151191
IAV
M
gf AU13LIES IVR•7
EXHIBIT A
Legal Description
Lots 1 through 3 inclusive and Lots 17 through 20, inclusive Block 11 of the Original Townsite
of Quilcene, as per plat recorded in Volume 2 of Plats, on page 33, records of Jefferson County,
Washington.
Situate in the County of Jefferson, State of Washington.
Assessor's Parcel No.. 991201101, 991201103
The lands herein described contain an areas of 0.67 acres, more or less
Page 6 of 7
Exhibit B — Property Map
Brown Property, SRFB 12-1384 Quilcene Acquisition 2012
Jefferson County Public Health
Page 7 of 7