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Jefferson County
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DOCUMENT TITLE: Conservation Easement
REFERENCE NUMBER(S) OF
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GRANTOR:
GRANTEE:
ABBREVIATED LEGAL
DESCRIPTION:
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ASSESSOR'S TAX PARCEL
NO(S).
This Conservation Easement (“Easement”) is made this_____ day of _______, 2017
by and between ________ (“Grantor”), in favor of Jefferson County, a municipal
subdivision of the State of Washington (“Grantee” or “County”).
Recitals
Whereas, Pleasant Harbor Marina and Golf Resort LLP is the owner of certain real
property in Jefferson County, Washington more particularly described in Exhibit A
attached hereto and incorporated herein by reference (“Property”); and
Whereas, Jefferson County Ordinance No. 1-0128-08 (“Ordinance”) designated the
Property as master planned resort subject to a number of conditions; and
Whereas, Condition 63(s) of the Ordinance requires that development of the Property
preserve existing natural greenbelts along portions of the Property abutting United
States Highway 101 and the shoreline through the creation of a conservation easement
preserving the same; and
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Whereas, this Easement is intended to satisfy Condition 63(s) of the Ordinance.
Now, Therefore, for good and valuable consideration, and in consideration of the
mutual covenants, terms, conditions and restrictions contained herein, the parties agree
as follows:
AGREEMENT
1. Grant. Grantor grants to Grantee this non-exclusive Conservation Easement in
perpetuity over and across the following portions of the Property described as
follows:.
The westerly six (6) feet of the portion of the Property abutting State Highway
101; and
Two hundred (200) feet landward from the ordinary high water mark on the
portion of the Property abutting Hood Canal.
(“Easement Areas”).
2. Purpose. The purpose of this Easement is to conserve and maintain the existing
vegetation in the Easement Areas to provide a visual buffer of the development
from US Highway 101 and to preserve vegetation along Hood Canal. All
parties agree and acknowledge that it is impossible to fully screen the proposed
development from US Highway 101 and this Easement shall not be construed to
require as much.
3. Affirmative Rights and Interests Conveyed. To accomplish the purpose of this
Easement, the following rights and interest are conveyed to Grantee by this
Easement:
a. To enter onto, inspect, observe, and study the Easement Area for the
purposes of (1) identifying the current condition of the Easement Area
and the baseline condition thereof, (2) monitoring the uses and practices
regarding the Easement Area to ensure they are consistent with this
Easement, and (3) assuring the Easement Area is maintained and
restored consistent with the purpose of this Easement.
b. To prevent any activity within the Easement Area that is inconsistent
with the purpose of this Easement and to require restoration of the
Easement Area damaged by activity or use that is inconsistent with the
purpose of this Easement.
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4. Grantor Duties. Grantor shall take reasonable measures to prevent any
activities or uses of the Easement Area that may degrade the Easement Area.
Grantor shall, at its sole expense, replant fallen trees or dead vegetation as
necessary to retain a natural, visual buffer of development on the Property from
State Highway 101.
5. Reserved Rights. Grantor shall, in its sole discretion, be allowed to use the
Easement Area abutting US Highway 101 for access to and from the resort, for
resort signage and construction of the proposed transit stop and associated
parking area. Grantor shall also be entitled to trim or remove vegetation within
the Easement Area to maintain adequate lines of sight for ingress and egress to
and from the resort area to US Highway 101. Grantor shall be entitled to
remove any vegetation in the Easement Area that poses a threat to human health
or safety. .
6. Binding Effect & Runs with the Land. The benefits and burdens of this
Agreement are appurtenant to and shall run with the land and shall be binding
upon the heirs, executors, administrators, personal representatives, transferees,
or successors in interest or assigns of Grantee and Grantors.
7. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
8. Final and Complete Expression; Amendment. This Agreement constitutes the
final and complete expression of the parties with respect to the transactions
contemplated herein. This Agreement may not be modified, amended, altered,
superseded or terminated except by an agreement in writing signed by the then
owners of the Grantor Property and the Grantee Property.
9. Counterparts. This Agreement may be executed and delivered in more than one
counterpart, each of which shall be deemed an original, and all of which
together shall constitute one and the same instrument.
DATED this _____ day of __________________, 2017.
By:
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Its:
STATE OF WASHINGTON )
) ss:
COUNTY OF KING )
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 this instrument and acknowledged it as the ___________ of
____________., a Washington corporation, to be the free and voluntary act of such
party for the uses and purposes mentioned in this instrument.
DATED: _________________________________, 2018.
Print Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My Appointment expires:
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EXHIBIT A
LEGAL DESCRIPTION