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HomeMy WebLinkAbout007 1 Jefferson County __________________________________________________________________________ (Space above this line for recorder's use only) DOCUMENT TITLE: Conservation Easement REFERENCE NUMBER(S) OF RELATED DOCUMENTS: Additional reference numbers on page(s) of document. GRANTOR: Pleasant Harbor Marina & Golf Resort, LLP GRANTEE: Jefferson County ABBREVIATED LEGAL DESCRIPTION: Section 15, Township 25 North, Range 2 West, WM Section 22, Township 25 North, Range 2 West, WM Additional legal on page 5 of document. ASSESSOR'S TAX PARCEL NO(S). 502152013, 502152012, 502152016, 502152015, 502152014, 502153023, 502153022, 502153021, 502153020 This Conservation Easement (“Easement”) is made this _____ day of _______, 2018 by and between Pleasant Harbor Marina & Golf Resort, LLP (“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 and Exhibit B attached hereto and incorporated herein by reference (“Property”); and Whereas, Jefferson County Ordinance No. 01-0128-08 (“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 2 States Highway 10 and the shoreline through the creation of a conservation easement preserving the same; and 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 ten (10) feet of the portion of the Property identified in Exhibit A abutting State Highway 101; and Two hundred (200) feet landward from the ordinary high water mark on the portion of the Property identified in Exhibit B 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 3 Easement Area damaged by activity or use that is inconsistent with the purpose of this Easement. 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 __________________, 2018. By: 4 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: (Use this space for notarial stamp/seal) 5 EXHIBIT A LEGAL DESCRIPTION A strip of land ten (10) feet in width over the following described parcels, abutting the southeasterly right of way line of US Highway 101, the northerly boundary line of said strip of land described as follows: Beginning at the southwest corner of Lot 1 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, Page 205-206, records of Jefferson County; Thence northeasterly along the right of way of US Highway 101 to the northwest corner Lot 3 of said Short Plat, and the terminus of said line. Together with a strip of land ten (10) feet in width over the following described parcels, abutting the southeasterly right of way line of US Highway 101, the northerly boundary line of said strip of land described as follows: Beginning at the southwest corner of Lot 2 of Pleasant Harbor Marina Short Plat, as recorded in Volume 2 of Short Plats, Pages 221-223 and amended in Volume 3 of Short Plats, Pages 8-10, records of Jefferson County; Thence in a northeasterly direction along the right of way of US Highway 101 to the intersection of said right of way and the north line of Section 15, Township 25 North, Range 2 West, W.M., and the terminus of said line. All situate in the County of Jefferson, State of Washington. 6 EXHIBIT B LEGAL DESCRIPTION Jefferson County Tax Parcel No. 502153023 Those portions of Sections 15 and 22, both in Township 25 North, Range 2 West, W.M., Jefferson County Washington, described as follows: The Southwest ¼ of the Southeast ¼ and Government Lot 7 of said Section 15, and Government Lots 2 and 3 of said Section 22; Except those portions thereof lying East of the West line of the East 696.00 feet of said Southwest ¼ of the Southeast ¼, and east of the Southerly prolongation of said West line; Also Except that portion of the West 100.00 feet of said Government Lot 7, lying Southerly of the North 539.00 feet thereof. Together with tidelands of the second class, as conveyed by the State of Washington, situate in front of, adjacent to and abutting upon the West ½ of said Government Lot 2 in said Section 22. Situate in the County of Jefferson, State of Washington. Jefferson County Tax Parcel No. 502153022 Those portions of the Southwest ¼ of the Southeast ¼ of Section 15, and Government Lot 2 of the Section 22 both in Township 25 North, Range 2 West, W.M., Jefferson County Washington, described as follows: The East 695.00 feet less the East 520.00 feet of said Southwest ¼ of the Southeast ¼, as measured along the North line thereof. Together with that portion of Government Lot 2 lying East of the Southerly prolongation of the West line said East 695.00 feet and West of the Southerly prolongation of the East line of said East 520 feet. Situate in the County of Jefferson, State of Washington. Jefferson County Tax Parcel No. 502153021 Those portions of the Southwest ¼ of the Southeast ¼ of Section 15, and Government Lot 2 of the Section 22 both in Township 25 North, Range 2 West, W.M., Jefferson County Washington, described as follows: 7 The East 520.00 feet less the East 345.00 feet of Southwest ¼ of the Southeast ¼, as measured along the North line thereof. Together with that portion of said Government Lot 2 lying East of the Southerly prolongation of the West line of said East 520.00 feet and the West of the Southerly prolongation of the East line of said East 345.00 feet. Situate in the County of Jefferson, State of Washington. Jefferson County Tax Parcel No. 502153020 Those portions of the Southwest ¼ of the Southeast ¼ of Section 15, and Government Lot 2 of the Section 22 both in Township 25 North, Range 2 West, W.M., Jefferson County Washington, described as follows: The East 345.00 feet of said Southwest ¼ of the Southeast ¼, as measured along the North line thereof. Together with that portion of said Government Lot 2 lying East of the Southerly prolongation of the West line of said East 345.00 feet. Situate in the County of Jefferson, State of Washington.