HomeMy WebLinkAbout052421_ca11 Consent Agenda
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v n Port Townsend, WA 98368
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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 Parcel#991-200-407; 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 parcel#991-200-407;Upon signature—perpetuity.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
This Deed of Right,for the former Gallagher 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(#15-
1189)and the Public Works Big Quilcene Floodplain Fund.
RECOMMENDATION:
JCPH management request approval of the Recreation and Conservation Office—Deed of Right for parcel
#991-200-407;Upon signature—perpetuity.
REVIEWED BY:
� c 2e zi
Mark McCaul County Administrato
biter i n.-
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 Recreation and Conservation Office
PO Box 40917
Olympia, WA 98504-0917
Attn: Mike Ramsey
DEED OF RIGHT TO USE LAND FOR
SALMON RECOVERY PURPOSES
Gallagher Property
Grantor: Jefferson County
Grantee: STATE OF WASHINGTON, acting by and through the WASHINGTON
STATE SALMON RECOVERY FUNDING BOARD and the WASHINGTON
STATE RECREATION AND CONSERVATION OFFICE, including any
successor agencies.
Abbreviated
Legal
Description: Lts 16 - 20 Blk 4 Quilcene, Jefferson County, WA. (More particularly described
in Exhibit "A" (Legal Description), and as depicted in Exhibit `B" (Property
Map)),
Assessor's Property Tax Parcel Number(s): 991 200 407
The Grantor enters this Deed for and in consideration of monies coming in whole or in part from
the Puget Sound Acquisition and Restoration Account. Such grant is made pursuant to the
Project Agreements entered into between the Grantor and the Grantee entitled Big Quilcene
River Floodplain Key Pieces, Project Number #15-1189 signed by the Grantor on the 1 Ith day of
April, 2016 and the Grantee the 19`h day of April, 2016 and supporting materials which are on
file with the Grantor and the Grantee in connection with the Project Agreement.
The Grantor hereby conveys and grants to the Grantee as the representative of the people of the
State, the right to enforce the following duties: The Grantor shall take such reasonable and
feasible measures as are necessary to protect the Real Property as described in Exhibit A:
1. 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 floodplain and riparian habitat.
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This habitat supports or may support priority species or groups of species including but
not limited to coho, Chinook, chum, pink salmon, steelhead, and cutthroat trout.
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.
The Grantor shall allow access by the Grantee to inspect the Real Property for
compliance with the terms of this Deed and the applicable Project Agreement to which
the Grantor is a signatory. Such access shall be subject to the restrictions, if any, allowed
under the Project Agreement, by written agreement with the Grantee, or under state
law.The Grantor warrants it has and shall maintain the legal right and means to reach the
property.
4. Without prior written consent by the Grantee or its successors, through an amendment to
the Project Agreement or the process set forth below, the Grantor shall not use or allow
any use of the Real Property (including any part of it) that is inconsistent with the salmon
recovery purposes herein granted and as stated in the Project Agreement. The Grantor
shall also not grant or suffer the creation of any property interest that is inconsistent with
the salmon recovery purposes herein granted and as stated in the Project Agreement.
Grantee's consent to an inconsistent use or property interest under this Deed shall be
granted only to the extent permitted by law and upon the following three conditions,
which ensure the substitution of other eligible land. The conditions are: (1) the substitute
salmon recovery land must be of reasonably equivalent habitat qualities, characteristics
and location for the salmon recovery purposes as the Real Property prior to any
inconsistent use; (2) the substitute salmon recovery land must be of at least equal fair
market value to the Real Property at the time of Grantee's consent to the inconsistent use;
and (3) the fair market value of the Real Property at the time of the Grantee's consent to
the inconsistent use shall not take into consideration any encumbrances imposed on or
alterations made to that land as a result of the original state grant and other grants if such
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
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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 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
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GRANTOR:
Jefferson County
By:
Name:
Title:
Dated this day of 20
STATE OF WASHINGTON
ss
COUNTY OF
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledge it as the for the Sponsor,
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
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0
GRANTEE:
STATE OF WASHINGTON, acting by and through the SALMON RECOVERY
FUNDING BOARD, administered by the RECREATION AND CONSERVATION
OFFICE,---,
Name: Scott T Robinson
Title: Deputy Director
Dated this day of ,t',l Z, e,
STATE OF WASHINGTON
COUNTY OF `�'s 40 kj
ss
,20,��)___
I certify that I know or have satisfactory evidence that Sc a e�- J A d, d/suw is the
person who appeared before me, and said person acknowledged that (bwslic) signed this
instrument, on oath stated that (lie/she) was authorized to execute the instrument and
acknowledge it as the 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:
Signed: . /L-\. 134, '-?�;.3
Notary Public in and for the State of Washington,
residing in l � �9
My commission expires / -Z —/ — Z0 2-7—
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EXHIBIT A
Legal Description
That Lots 16, 17, 18, 19 and 20 in Block 4 of Quilcene, as per plat recorded in Volume 2 of Plats,
page 33, records of Jefferson County, Washington;
TOGETHER WITH that portion of vacated Fremont Avenue, as vacated under Resolution #57-00
of the County Commissioner of Jefferson County, that would attach by operation of law.
Situate in the County of Jefferson, State of Washington.
Assessors Parcel No. 991 200 407
The lands herein described contain an area of 0.88 acres, more or less.
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EXHIBIT B
Gallagher Property; Big Quilcene River Floodplain Key Pieces 15-1189
Jefferson County Public Health
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