HomeMy WebLinkAboutHanna Farm Conservation Easement Jefferson Land Trust 615 Sheridan Street
Port Townsend, WA 98368
9eiq tson www.JeffersonCountyPublicHealth.org
Public Hec Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Pinky Feria Mingo, Environmental Health and Water Quality Director
Tami Pokorny, Natural Resources Program Coordinator
DATE:
SUBJECT: Agenda item — Jefferson Land Trust: Hannan Farm Project Conservation
Futures Grant Agreement — September 7, 2021 — September 7, 2024;
$25,000
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of the Hannan Farm Conservation Futures Grant Agreement
to acquire a conservation easement; September 7, 2021 — September 7, 2024; $25,000.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
This project, for Jefferson Land Trust to acquire a conservation easement on one 115-acre parcel of
agricultural land, was approved for Conservation Futures funds in Resolution #53-21 on September 7, 2021
and amended on August 1, 2022.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Funding for this project.is provided by the Conservation Futures Fund, and there is no impact to the County's
General Fund.
RECOMMENDATION:
JCPH Management recommends BoCC signature for the Hannan Farm Conservation Futures Grant Agreement
to acquire a conservation easement; September 7, 2021 — September 7, 2024; $25,000.
REVIEWE BY:
j
G11Mark McCauley, C my Administrator Date
Community Health
Developmental Disabilities Environmental Public Health
360-385-9400 360-385-9444
360-385-9401 (f) (f) 360-379-4487
Always working for a safer and healthier community
EH-22-020
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: Jefferson Land Trust(UBI Number 601 173 681)
Project Title: Hannan Farm
Contract Number: EH-22-020
Approval: Resolution No. 53 -21
1. Parties to this Agreement
This Jefferson County Conservation Futures Program Project Grant Agreement (this Agreement)
is entered into between Jefferson County (County), PO Box 1220, Port Townsend, Washington
98368 and Jefferson Land Trust (Sponsor), 1033 Lawrence Street, Port Townsend, Washington
98368.
2. Purpose of this Agreement
This Agreement sets out the terms and conditions by which a grant is made through the Jefferson
County Conservation Futures Fund, Chapter 3.08 of the Jefferson County Code (JCC), as
approved by Resolution No. 53 —21.
3. Grant Administration
The grant is administered by Jefferson County Public Health Department on behalf of the project
Sponsor.
4. Description of Project
The subject project is described in the Scope of Work(Appendix A).
5. Project Requirements
Jefferson Land Trust shall implement a Conservation Futures Program project to acquire a grant
deed of conservation easement(Exhibit A) for the 115-acre property known in the records of the
Jefferson County Assessor as APN# 801 032 002 and as described in the 2021 Conservation
Futures project application for the Hannan Project (Exhibit B) and 2021 Conservation Futures
Program Manual (Exhibit C), and as authorized by Resolutions Nos. 53 — 21 and 37 — 22
(Exhibit D). The grant deed of conservation easement shall prevent subdivision while allowing
for agricultural uses, forest management and habitat protections. Language must be included in
the deed of conservation easement to protect the County's interests and conservation values,
including, at a minimum,the following:
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
(JCC) 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
Hannan Farm 1 September 7, 2022
EH-22-020
II
Jefferson County prior to any conveyance of any interest acquired hereby.
Consistent with JCC 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.
6. Period of Performance
The Project reimbursement period for acquisition expenses shall begin on September 7., 2021 and
end on September 7, 2024 unless proof of match is provided prior to this date. Work performed
consistent with this Agreement during its term, but prior to the adoption of this Agreement, is
hereby ratified.
7. Annual Reporting Required.
Annual reporting by the Sponsor to the County is required every year on or before December 31 St
until three years after the acquisition funds are dispersed.
8. Project Funding
The total grant award provided by the Conservation Futures Fund for the Project shall not exceed
$25,000. The Conservation Futures Fund shall not pay any amount beyond that approved in this
Agreement for funding of the Project. The Sponsor shall be responsible for no less than ninety-
six (96%) percent of the total Project cost and all Project costs in excess of $560,000. The
contribution by the Sponsor toward work on the Project shall be as indicated below. The
contribution by the Conservation Futures Fund toward work on the Project is described
immediately above and in"C" above.
Acquisition 0 & M Totals % Match
Hannan Farm— $25,000 $0 $25,000 4
Conservation
Futures
Estimated $535,000 $0 $535,000 96
Project Sponsor
Contribution
Estimated Total $560,000 $0 $560,000 100%
Project Cost
9. 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 within 30 days.
10. Modification of this Agreement
All rights and obligations of the parties to this Agreement are subject to this Agreement and its
attachments. Except as provided in this Agreement, no alteration of any of the terms or
conditions of this Agreement shall be effective unless provided in writing. All such alterations,
Hannan Farm 2 September 7, 2022
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.
11. Indemnification
The Contractor shall defend, indemnify and hold the County, its officers, officials, employees,
agents and volunteers (and their marital communities) harmless from any claims, injuries,
damages, losses or suits, including attorney's fees, arising out of or resulting from the acts, errors
or omissions of the Contractor in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the County.
Should a court of competent jurisdiction determine this Agreement is subject to RCW 4.24.115 if
liability for damages occurs arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the County, its officers,
officials, employees, agents and volunteers (and their marital communities) the Contractor's
liability, including the duty and cost to defend, shall be only for the Contractor's negligence.
It is further specifically understood that the indemnification provided constitutes the Contractor's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties.
This section shall survive the expiration or termination of this Agreement.
12. Insurance
The Sponsor shall secure and maintain in force throughout the duration of this Agreement
policies of insurance as follows:
Workers Compensation Insurance. 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.
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;
Hannan Farm 3 September 7, 2022
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 in this Agreement.
Failure of the Sponsor to take out or maintain any required insurance shall not relieve the
Sponsor from any liability under this 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 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 in this Agreement, or any portion thereof, may be withheld from
Hannan Farm 4 September 7, 2022
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 Agreement
relating to insurance, withhold payment or compensation that would otherwise be due to the
Sponsor.
For the avoidance of doubt, the obligations in this section shall survive the expiration or
termination of this Agreement.
13. Independent Contractor
The Sponsor is an independent contractor with respect to the services provided pursuant to this
Agreement. The Sponsor is not as an agent, an employee or a servant of the County. Nothing in
this Agreement shall be considered to create the relationship of employer and employee between
the parties. The Sponsor specifically has the right to direct and control Contractor's own
activities and over all of its subcontractors, employees, agents and representatives in providing
the agreed services in accordance with the specifications set out in this Agreement. 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 agrees to file all
necessary governmental documents, including appropriate tax returns, reflecting income status as
an independent contractor for services rendered to the County under this Agreement.
14.No Assignment
The Sponsor shall not sublet or assign any of the services covered by this Agreement 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.
Hannan Farm 5 September 7, 2022
15. 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.
16. 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 into this Agreement by this reference as if fully set forth.
17.No Harassment of Discrimination
Any form of harassment, discrimination, or improper fraternization with any County employee is
Sponsor shall not discriminate on thegrounds of race, color, national
strictly prohibited. The
origin, religion, creed, age, sex, sexual orientation, or the presence of any physical or sensory
disability in the selection and retention of employees or procurement of materials or supplies.O
18. Sponsor's Accounting Books and Records
The Sponsor shall maintain complete financial records relating to this Agreement 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 Agreement. The Sponsor's
records and accounts pertaining to this Agreement are to be kept available for inspection by the
Office of the State Auditor, federal auditors, the Jefferson County Auditor, and any persons duly
authorized by the County shall have full access and the right to examine any of these materials
during this period for a period of ten(10) years after the date of the final payment to Sponsor. If
any litigation, claim or audit is started before the expiration of the six (6)year period,the records
shall be retained until all litigation, claims, or audit findings involving the records have been
resolved. Copies shall be made available upon request. Records and other documents, in any
medium, furnished by one party to this Agreement to the other party, will remain the property of
the furnishing party,unless otherwise agreed.
19. 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
Agreement.
20. Disputes
Except as otherwise provided in this Agreement, 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 agreed upon by the parties, or if agreement cannot be made,the mediator
Hannan Farm 6 September 7, 2022
shall be selected by the Jefferson County Superior 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.
Requests for dispute hearings 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
shall split evenly the cost of mediation or whatever form of dispute resolution is used. The
parties shall bear their own costs and attorney's fees in any dispute.
The venue for any legal action shall be solely in the appropriate state court in Jefferson County,
Washington, subject to the venue provisions for actions against counties in RCW 36.01.050.
Each party to this Agreement shall be responsible for their own dispute and litigation costs,
including attorney's fees.
21. Termination for Funding
Jefferson County may unilaterally terminate this Agreement in the event funding from state,
federal, or other sources are withdrawn, reduced, or limited in any way after the effective date of
this Agreement.
22. 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.
23. 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.
24. No Waiver
Waiver by any party of any provision of this Agreement or any time limitation provided for in
this Agreement shall not constitute a waiver of any other provision.
No consent by either party to, or waiver of, a breach by either party, whether express or implied,
shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by
either party.
No term or provision of this Agreement shall be considered waived by either party, and no
breach excused by either party, unless such waiver or consent is in writing signed on behalf of
the party against whom the waiver is asserted. Failure of a party to declare any breach or default
Hannan Farm 7 September 7, 2022
immediately upon the occurrence thereof, or delay in taking any action in connection with, shall
not waive such breach or default.
25. 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.
26.Agreement Representatives
All written communications sent to the Sponsor under this Agreement shall be addressed and
delivered to:
Sponsor Contact Conservation Futures Program Contact
Sarah Spaeth, Director of Conservation Tami Pokorny
Jefferson Land Trust Jefferson County Environmental Public
1033 Lawrence St. Health—Conservation Futures
Port Townsend, WA 98368 615 Sheridan Street
III
Port Townsend, WA 98368
These addresses shall be effective until receipt by one party from the other of a written notice of
any change.
27. Entire Agreement
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.
28. Severability
Provided it does not result in a material change in the terms of this Agreement, if any provision
of this Agreement or the application of this Agreement to any person or circumstance shall be
invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the
application this Agreement shall not be affected and shall be enforceable to the fullest extent
permitted by law.
29. Survival
Those provisions of this Agreement that by their sense and purpose should survive the term of
this Agreement shall survive the term of this Agreement. Without limiting the generality of the
preceding sentence, and for the avoidance of doubt, the provisions that survive the term of this
agreement include: (a) controlling law; (b) insurance; and, (c) indemnification.
Hannan Farm 8 September 7, 2022
30. Binding on Successors, Heirs and Assigns
This Agreement shall be binding upon and inure to the benefit of the parties' successors in
interest, heirs and assigns.
31. No Third-party Beneficiaries
The parties do not intend, and nothing in this Agreement shall be construed to mean, that any
provision in this Agreement is for the benefit of any person or entity who is not a party.
32. Signature in Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, and all of which counterparts together shall constitute the same instrument which may
be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and
places by the parties shall not affect the validity of this Agreement, so long as all the parties
execute a counterpart of this Agreement.
33. Facsimile and Electronic Signatures
The parties agree that facsimile and electronic signatures shall have the same force and effect as
original signatures.
34. Public Records Act
Notwithstanding any provisions of this Agreement to the contrary, to the extent any record,
including any electronic, audio, paper or other media, is required to be kept or indexed as a
public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW (as
may be amended), the Sponsor agrees to maintain all records constituting public records and to
produce or assist the County in producing such records, within the time frames and parameters
set forth in state law.
The Sponsor also agrees that upon receipt of any written public record request, the Sponsor shall,
within two business days, notify the County by providing a copy of the request per the notice
provisions of this Agreement.
This Agreement, once executed, shall be a "public record" subject to production to a third party
if it is requested pursuant to the Washington Public Records Act.
35. Effective Date of this Agreement
This Agreement shall be effective upon signing by all parties.
36. Controlling Law
It is understood and agreed that this Agreement is entered into in the State of Washington. This
Agreement shall be governed by and construed in accordance with the laws of the United States,
the State of Washington and the County of Jefferson, as if applied to transactions entered into
Hannan Farm 9 September 7, 2022
and to be performed wholly within Jefferson County, Washington between Jefferson County
residents. No party shall argue or assert that any state law other than Washington law applies to
the governance or construction of this Agreement.
37. Order of Precedence.
If there is an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order: (a) Applicable state statutes and rules; (b) local laws and rules; and, (c) case
law.
38. Force Majeure
Neither party shall be in default by reason of any failure in performance of this Agreement, if
such failure arises out of causes beyond a party's control and without fault or negligence of such
party, including but not limited to; (a) acts of God; (b) terrorism or other acts of a public enemy;
(c) war; or, (d) epidemics, pandemics or quarantine restrictions.
39. Attachments
Any attachment to this Agreement is part of this Agreement and is incorporated by reference into
this Agreement.
40. Representations and Warranties
The parties represent and warrant that: (a) Each person signing this Agreement is fully
authorized to enter into this Agreement on behalf of the party for whom signature is being made;
(b) Each party that is a corporate entity is duly organized and validly existing in good standing
under the laws of one of the states of the United States of America; (c) The making and
performance of this Agreement will not violate any provision of law or of any party's articles of
incorporation, charter, or by-laws; (d) Each corporate party has taken all necessary corporate and
internal legal actions to duly approve the making and performance of this Agreement and that no
further corporate or other internal approval is necessary; and, (e) Each party has read this
Agreement in its entirety and know the contents of this Agreement, that the terms of this
Agreement are contractual and not merely recitals, and that they have signed this Agreement,
having obtained the advice of legal counsel.
DATED this day of , 20
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Hannan Farm 10 September 7, 2022
JEFFERSON COUNTY WASHINGTON JEFFERSON LAND TRUST
Board of County Commissioners
Jefferson County, Washington
By: By:
Heidi Eisenhour, Chair Date Signature
By: Name:
Greg Brotherton, Commissioner Date
Title:
By: Date:
Kate Dean, Commissioner Date
SEAL:
ATTEST:
Carolyn Gallaway, Date
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Hannan Farm 11 September 7, 2022
APPENDIX A
Scope of Work
Jefferson Land Trust, as project sponsor "Sponsor", will perform the following tasks in order to
implement the Hannan Farm Project:
Task 1: Acquire Matching Contribution
Sponsor shall secure the necessary matching contribution of no less than ninety-six percent
(96%) 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 96% of the total project cost.
Task 2: Acquire Grant Deed of Conservation Easement
Sponsor shall acquire a grant deed of conservation easement on the subject property, APN# 801
032 002 that incorporates approved Conservation Futures Program language, including the
language in item "C" of this Agreement.
Deliverable 2a: Final draft grant deed of conservation easement
Deliverable 2b: Qualifying appraisal and estimated settlement statement(HUD-1)
Deliverable 2c: Recorded grant of conservation easement deed
Task 3: Stewardship Plan
Sponsor shall provide a plan for stewardship
Deliverable 3a: Electronic copy of stewardship plan
Task 4: Annual Reporting
Sponsor shall 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 that it is required.
Deliverable 4a: Completed annual reports.
Hannan Farm 12 September 7, 2022
Exhibit A
Grant Deed of Conservation Easement
Hannan Farm 13 September 7, 2022
AFTER RECORDING RETURN TO:
JEFFERSON LAND TRUST
1033 LAWRENCE ST.
PORT TOWNSEND, WA 98368
GRANT DEED OF AGRICULTURAL CONSERVATION EASEMENT
GRANTOR(S): LAURIE J. HANNAN, TRUSTEE UAD MAY 14, 2003
GRANTEE(S): JEFFERSON LAND TRUST
ABBREVIATED LEGAL DESCRIPTION: GL 4, SWNW& NWSW 3-28-1W
(COMPLETE LEGAL DESCRIPTION IS ON PAGE A-1)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER(S): 801032002
This GRANT DEED OF AGRICULTURAL CONSERVATION EASEMENT ("Easement") is made by
LAURIE J. HANNAN, AS TRUSTEE UNDER RESTATED THE LAURIE J. HANN
AN LIVING
TRUST DATED MAY 14, 2003, having an address of 4655 West Egg & I Road, Chimacum,
Washington 98325 ("Granting Owner", and "Owner" herein), in favor of JEFFERSON LAND
TRUST, a Washington nonprofit corporation, having an address of 1033 Lawrence Street, Port
Townsend WA 98368("Grantee").The State of Washington, by and through the Washington State
Recreation and Conservation Office ("RCO") has certain rights hereunder, including third party
right of enforcement.
1. RECITALS
1.1. Granting Owner is the owner in fee simple of the certain real property (hereinafter,
"Property") located in Jefferson County, Washington, more particularly described in
Exhibit"A" (Legal Description) and shown on Exhibit"B" (Site Map), which are attached
to this instrument and incorporated herein by this reference. The Property consists of
approximately 115 acres in a single tax parcel, and is commonly known as "Hannan
Farm".
1.2. The Property possesses significant agricultural values of great importance to Granting
Owner, Grantee, the people of Jefferson County, and the people of the State of
Washington (collectively, "Agricultural Conservation Values"). The Agricultural
Page 1 of 37
Conservation Values include agricultural productivity, prime, unique and important
agricultural soils of State-wide importance, the suitability of the Property for the
production of vegetables and other agricultural products, the size of the commercially
productive portion of the Property, existing and potential economic productivity, the
viability of the site for continued agricultural production, including farm-to-market
access, proximity to roads and utilities, water availability.
1.3. The Property also possesses significant fish and wildlife habitat values of great
importance to Granting Owner, Grantee,the people of Jefferson County, and the people
of the State of Washington (collectively, "Habitat Values"). The Property is bisected by
a portion of the Chimacum Creek Irrigation Ditch acquired by Drainage District No. 1 of
Jefferson County by way of condemnation. The portion of the drainage ditch running
through the Property is documented by the Washington Department of Fish and Wildlife
as providing spawning habitat for salmonids (coho and winter steelhead) and also
provides access to significant spawning habitat in upstream portions of Chimacum
Creek. The salmonid Habitat Values are currently protected by temporary enrollment of
the Property in the Conservation Reserve Enhancement Program ("CREP"),
administered by the Farm Service Agency of the United States Department of
Agriculture, under the terms and conditions of Conservation Reserve Program Contract
(Number 11007 A), between Granting Owner herein and the US Department of
Agriculture, dated 11/12/17 and covering the period from 11/01/2016 to 09/30/2031 (the
"CREP Contract"). Pursuant to the CREP Contract, portions of the Property have been
fenced and will be described in the Baseline Documentation. Under the terms and
conditions of the CREP Contract, no agricultural production or grazing of livestock is
allowed within the CREP Contract boundaries. For purposes of this Easement, the
portions of the Property that have been fenced pursuant to the CREP Contract will be
referred to herein as the "Riparian Conservation Zone". Upon termination of the CREP
Contract, including any renewals or extensions, the Riparian Conservation Zone is to
be managed as provided in Section 5.5 of this Easement and an Approved Stewardship
Plan
1.4. The Property consists primarily of farmland (as defined in RCW 79A.15.010) whose
soils have been classified as "Prime Farmland", "Prime Farmland if Drained", and
"Farmland of Statewide Importance" by the Natural Resource Conservation Service,
U.S. Department of Agriculture. This land has soil quality, growing season, and
moisture supply needed for sustained agricultural production.
1.5. The Property contains features that make the Property valuable farmland, such as
ditches, ponds, and reservoirs, topographic features, scenic open space, and historic
farm identity.
1.6. The Agricultural and Habitat Conservation Values are documented in an inventory of
relevant features of the Property on file at the offices of Jefferson Land Trust and
incorporated herein by this reference ("Baseline Documentation"). The Baseline
Documentation consists of reports, maps, photographs, and other documentation that
provide, collectively, an accurate representation of the Property at the time of this grant
and which is intended to serve as an objective information baseline for monitoring
compliance with the terms of this grant. The Parties acknowledge that the Baseline
Documentation is complete and accurate as of the date of this Easement. The Parties
further agree that within three (3) months of the execution of this Easement, a collection
Page 2 of 37
of additional Baseline Documentation may be compiled by Grantee and incorporated
into the Easement by this reference. Failure to timely compile the additional Baseline
Documentation shall not affect the enforceability or this Easement or any of its
provisions. The Baseline Documentation may be used to establish that a change in the
use or condition of the Property has occurred, but its existence shall not preclude the
use of other evidence to establish the condition of the Property as of the 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.
1.7. Permanent protection of the Property will further the purposes of the Washington State
Farm and Forest Account ("FFA") established under RCW 79A.15.130, which provides
that moneys appropriated to the FFA "must be distributed for the acquisition and
preservation of farmlands and forestlands in order to maintain the opportunity for
agricultural and forest management activity upon these lands." 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 well-
being 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
promote conservation of soils. Pursuant to this legislative directive, Jefferson County
has adopted an Open Space Tax Program, Ordinance No. 09-1203-03, that recognizes
the importance of and provides preferential tax treatment for the agricultural resource
land and habitat that occur on the Property, including land devoted to commercial
agriculture and/or production of livestock; protection of open space, stream corridors,
wetlands, habitat; and promotion of conservation principles by example or by offering
educational opportunities.
1.8. This Easement is acquired in part with a grant from RCO pursuant to that certain grant
R O Grant
- RCO and Grantee dated 6/30/2021 C
agr
eement #20 1405A between C
Agreement"). RCO is a third-party beneficiaryof certain rights under this Easement.
p Y 9
1.9. 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
N4425511RP00034 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.
1.10. 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
Page 3 of 37
EXHIBIT C
Water Rights
The documents related to water rights for the Property can be found under:
• Department of Ecology Permit#15922, Certificate#S2-00571C, Document ID#2209723
These documents are not able to be attached as an exhibit to the Conservation Easement due to Jefferson
County Auditor's formatting requirements.
A copy of the documents can also be found in the Hannan Farm Baseline Conditions Report, on file at the
office of the Grantee.
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EXHIBIT D
Permitted Exceptions
1. The lands described herein have been classified as open space lands(agriculture)and are subject to the
provisions of RCW 84.34 which include the requirement of a continuation of restricted use in order to
continue to present assessment rate. A change in use can cause an increased assessment rate for present
and past years.
Application Recorded: September 28, 1982
Recording No.: 280251
Any sale or transfer of all or a portion of said property requires execution of a notice of compliance form
by the new owner and submission to and approval by the County Assessor prior to such sale.
Note: If the proposed transaction involves a sale of the property so classified or designated,there will be
additional requirements regarding the real estate excise tax affidavit. Please contact Jefferson County
Assessor or the company for additional information.
2. Reservations contained in instrument.
Recorded: August 12, 1891
Recording No.: 8026
As follows: The free right and privilege to go upon said premises for the purpose of
construction and maintaining ditches and drains to drain away the surface water
from the Northeast 1/4 of the Southwest '/4 of said Section 3
3. Easement, including terms and provisions contained therein:
Recorded: July 02, 1925
Recording No.: 53140
In favor of: The Pacific Telephone and Telegraph Company
For: Right of way
The legal description in said easement is not sufficient to determine its exact location within said
premises.
4.A record of survey recorded May 31, 2007 under Recording No. 523974, said survey discloses the
following matters:
Location of fence line and ditch along easterly boundary of the Northwest 'A of the Southwest'/4
5. Declaration of Restrictive Covenant(concerning potable water supply)and the terms and provisions
contained therein recorded on October 12,2009,under Recording No. 547141
6. Restrictive Covenant regarding monitoring of on-site septic system and the terms and provisions
contained therein recorded on October 12,2009, under Recording No. 547142
7. Conditions, notes, easements,provisions contained and/or delineated on the face of the survey recorded
under Jefferson County Recording No. 649307
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8. Any claim to(a)ownership of or rights to minerals and similar substances, including but not limited to
ores,metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in,on,or under the Land
or produced from the Land,whether such ownership or rights arise by lease, grant,exception,
conveyance, reservation, or otherwise; and(b)any rights, privileges, immunities,rights of way, and
easements associated therewith or appurtenant thereto,whether or not the interests or rights excepted in
(a)or(b)appear in the Public Records.
9. The forthcoming policy will contain the following:
This policy does not insure title to artificially filled lands, submerged lands, or land which may have been
under water or which has been added to the subject land by accretion,reliction or avulsion.
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Exhibit B
2021 Conservation Futures Hannan Farm Project Application
Hannan Farm 14 September 7, 2022
2021 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.Jefferson.wa.us with questions.
Background and Eligibility Information
1. Project Title: Hannan Farm
2. Conservation Futures Acquisition Request: $25,000
Conservation Futures O&M Request: 0
3. Total Conservation Futures Request: $25,000
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?
Laurie J Hannan Living Trust with a conservation easement held by Jefferson Land Trust and a REPI
easement held by US Department of Defense.
5. Applicant Information
Name of Applicant or Organization: Jefferson Land Trust
Contact: Sarah Spaeth
Title: Director,Conservation and Strategic Partnerships
Address:1033 Lawrence Street,Port Townsend
Phone: (360)379-9501 ext. 101
Email: sspaeth@saveland.org
6. Sponsor Information: (if different than applicant)
Organization Name:
Contact:
Title:
Address:
Phone: ( ) - , ext. Fax: ( ) - , ext.
Email:
This application was approved by the sponsor's legally responsible body(e.g., board, council, etc.)
on January 19,2021
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7. Site Location
Street Address or Description of Location: 4655 W.Valley Road,Chimacum,WA 98325
Driving Directions from Port Townsend: Drive south on SR19 to Chimacum.Take Center Road south to
Egg & I Road.Head west on Egg&I to West Valley Road.Property starts on SE corner of intersection
with Egg& I.Driveway to main house from W.Valley.
Section: 3
Township: 28N
Range: 1W
Assessor's Parcel Number(s): 801 032 002
Please differentiate current and proposed ownership of each APN and indicate if the parcel is to be acquired with
CF funds or used as match.
A conservation easement is proposed,so property ownership will remain unchanged with the Laurie J
Hannan Living Trust.
Please list the assessed values for each property or APN, as applicable.
The current Assessed Market Value is$600,657,and the agricultural current-use Assessed Taxable Value
is $387,705.
8. Existing Conditions
New Site: Yes X No Number of Parcels: 1
Addition to Existing Site: Yes No X Acres to Be Acquired: 115.8
Total Project Acreage(if different): Current Zoning: Ag Production 1:20
Existing Structures/Facilities:
2 houses,each with an attached garage; historic barn with an attached milking parlor; a machine shed;
and a concrete loafing area.3500-gallon septic installed in 2009. Domestic well.Fenced garden,fenced
and cross-fenced pastures.
Any current covenants, easements or restrictions on land use:
Easement for County road; 30'-wide strip"condemned for drainage canal"in the property's legal
description, presumably for the Chimacum Drainage District; County covenants requiring treatment of
the drinking water and monitoring of the septic system.
Current Use: Agricultural and residential
Waterfront (name of body of water): Chimacum Creek
Shoreline (linear feet): 2000 feet of Chimacum Creek and 3000 feet of tributaries
Owner Tidelands/Shorelands:
9. Current Property Owner X is _is not a willing seller.
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Project escri ti
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 funds 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.
Hannan Project Description
Jefferson Land Trust is applying for$25,000 to contribute to the purchase a conservation easement from
willing landowners of one of the largest family farms left in the Chimacum Valley.We seek to keep this
agricultural land as a single property available for farming in perpetuity. Jefferson Land Trust applied for
a State Farmland Preservation grant in 2020 and the application ranked #3 in Washington State for
easement funding.We expect to receive the state grant in July of 2021 and have the Navy's REPI program
as additional match funding.The property is located—4 miles south of downtown Chimacum in the fertile
bottomland of Center Valley.It is visible from West Valley Rd.and Egg& I Rd.,and is surrounded by
adjacent farmlands,forests,wetlands and open space. The Farm's structures are on a knoll in the NW
corner of the property that rises about 100' above the Creek.
The Hannan Farm consists of valley bottom pastureland.It includes approximately 2,000 feet of the east
fork of Chimacum Creek bisecting the property,about 3,000 feet of seasonal streams,and a man-made
pond in the SE corner which extends onto a neighboring property.While not natural or undisturbed,
WDFW has identified this portion of the Creek as spawning habitat for winter steelhead and coho salmon,
with cutthroat present as well; as having Freshwater Emergent and Freshwater Forested/Shrub Priority
Habitats; and as being within'/4 mile of wood duck breeding areas(possibly on the pond in the SE corner).
The county critical areas maps show much of the property as wetland; however the pasture rarely floods.A
couple of areas are identified as Susceptible Aquifer Recharge Areas,and-24 acres are classified as FEMA
Flood Zone A. These Flood Zones are on the north side of Chimacum Creek and well below all the
structures and, unlike other parts of Chimacum Creek in the valley, here flooding only occurs when there
is extreme precipitation.There is a domestic well to the east of the houses,and a 1973 surface water right
for an "unnamed stream"of 0.01cfs, non-consumptive,continuously each year for"wildlife refuge,fish
propagation and recreation."
All the soils on the property are identified as Farmland of Statewide Importance or Prime Farmland (some
if drained) by the NRCS.Almost all of the property is flat,open pastureland,and it is fenced and cross-
fenced to keep livestock out of the Creek.Recent CREP fencing and plantings (15,000 trees)of 35-foot
buffers on each side on Chimacum Creek,and 15-foot buffers on other streams have occurred. Only a few
small areas of trees are present on the property—the southern boundary and in the central north. There
are two gravity-fed livestock watering troughs,with an additional dam and lined-pond planned using
Jefferson Conservation District(JCCD) help; previous JCCD BMP projects include manure storage areas
and gutters on the barn.There are some mature trees and a sizable,fenced garden near the houses. The
Hannan Farm is currently raising beef cattle and a few horses.The Farm stopped dairying in 1972; while
the owners used to do direct marketing,they found it difficult to compete with other established local
producers,so they now sell feeder cows and a few heifers. The owners/farmers would like to make further
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improvements including reseeding the pasture for better hay production and replacing aging perimeter
fencing.
Two houses are on the property: a main house(2009)and a rental(1930),and an historical barn in good
shape,built in 1900 and listed on the Washington Heritage Barn Register. The barn has an attached
milking parlor and concrete loafing area for livestock,and there is a nearby machine shed. The Hannan
Ranch property is zoned AP 1:20,with the two residences on site using 2 of the presumed 5 development
rights(115 acres at 1:20). It is presumed that 2 ADUs could be added if the owners want to,without
exercising any additional development rights.
The landowners are interested in preserving the farm through a conservation easement to Jefferson Land
Trust and a REPI easement that will eliminate the remaining unused development rights(presumably 3),
and preserve the 115 acres for continued agricultural uses and habitat associated with Chimacum Creek.
Overarching Goal:
To preserve the 115-acre Hannan Farm,one of the largest farms in the valley,with easements that reduce
the development potential from five to two residences; that protect prime agricultural soils and preserve
the historical working farm,as well as Chimacum Creek riparian salmon and steelhead spawning habitat,
and that maintain the scenic open space values of the property.
Objectives:
1) Secure Jefferson County Conservation Futures funding, State Farmland Preservation funding
(confirmation expected in July 2021),and Navy REPI support for purchase of a conservation
easement
2) Draft the conservation easement and REPI easement with landowner input
3) Obtain appraisals to determine value of CE and REPI easements funding as a match for CFF
program.Purchase easements in 2021 or early 2022.
11. Estimate costs below, including the estimated or appraised value of the propert(ies)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.
Estimated or Appraised Value of Propert(ies)to be Acquired: $500,000
Total Estimated Acquisition-related Cost(see Conservation Futures Manual for eligible costs): $60,000
Total Operation and Maintenance Cost: 0
Total Project Cost: $560,000
Basis for Estimates(include information about how the property value(s)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 value of the conservation easement and REPI easement are estimated to be worth $500,000 based on
recent appraisal work completed on nearby farmland.An official appraisal process will take place once
funding for the project has been secured.Both the conservation easement and REPI easement will be
valued separately,though as in previous projects,the landowner is only paid the value of the more
restrictive easement.
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Hannan Farm Easement related costs Timeline Est. Cost CFF Request Match
Easement acquisition Winter 2021/2022 $500,000 $25,000 $475,000
Land acquisition related costs, i.e. Late 2021 through $40,000 $40,000
appraisal, survey, Baseline document, 2022 or 2023
Stewardship Plans, closing costs
Project management , admin and legal 2019 - 2023 $20,000 $20,000
fees
Total $560,000 $25,000 $535,000
Scored i
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.
Jefferson Land Trust expects to receive approximately 50% of the project cost from the State Farmland
Preservation Program and has also requested match funding through the Navy's Readiness and
Environmental Protection Integration program.
1 c. Matching Fund Estimate Acquisition O&M
Conservation Futures Funds Requested $25,000 4%
Matching Funds/Resources* $535,000 96%
Total Project Acquisition Cost $560,000 100%
*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 If not,
funds/resources contribution approved? when? available now? when?
WWRP Farmland Preservation $260,0000 Yes No June 2021 Yes No Fall 2021
Navy REPI Program. $275,000 Yes No Yes No at closing
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 ("in-kind"
contributions)are not eligible as a match.
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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 easement should it become necessary.Jefferson Land Trust has a legal defense
fund of over$800,000 and continues to build this fund with each new easement acquisition, recognizing the
legal obligation and responsibility of protecting the 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 will be designed to both protect the agricultural soils and farmland
values,while balancing the water quality and impacts on Chimacum Creek and needs for declining
salmonid populations in line with regional salmon recovery priorities. The Conservation District is
currently working with landowners in the region to restore salmon riparian and wetland habitat,providing
technical expertise,support,and on-the-ground oversight of activities. On this property,the JCCD has
implemented fencing and other projects for efficiently raising cattle (i.e.gravity-fed watering troughs),
along with tree planting and other water quality protections for the creek.
3 a. Describe the sponsoring agency's previous or on-going stewardship experience.
Over the 32 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,North Olympic Salmon Coalition,Jefferson County
Conservation District,Hood Canal Salmon Enhancement Group and others. We hold 65 conservation
easements on 4,205 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 721 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 7,400 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?
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No, neither the sponsor nor applicant has been involved in a project previously approved for
Conservation Futures funds.
XYes,the sponsor and/or applicant for this project has been involved in a project previously approved
for Conservation Futures funds. Please provide details:
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-Bloedel 2011; 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;
Mize,RubyRanch and Snow Creek Mid-Reach Forest 2018; Quilcene
Chimacum Forest,Marrowstone
Headwaters to Bay and Tarboo Forest Addition 2019 and 2020; Arlandia 2021.
4 a. Property_X_can cannot feasibly be acquired in a timely fashion with available resources.
4 b.Necessary commitments and agreements X are are not in place.
All parties are in agreement,however WWRP State Farmland Preservation grant is not awarded until
Summer/Fall 2021.
4 c. All parties_are X are not in agreement on the cost of acquisition.
Once funding is secured,we will be able to initiate the valuation process.Appraisals are necessary to
determine the fair market value of the conservation easement and the REPI Easement. Once the appraisals
and appraisal reviews are complete,we will be able to make the landowners an offer based on the higher
valued conservation easement.
5. The proposed acquisition:
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 website 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.
The Jefferson Co. Comprehensive Plan says that "It is Jefferson County's intent to protect and foster
opportunities for the successful practice of agriculture.Land with prime agricultural soils clearly must be
preserved" and a soil productivity classification of 12 Animal Month Units puts the soils here in the
highest-ranking class. The Agricultural Production zoning of the property also reflects the County's goals
for this land.
Jefferson Land Trust's Conservation Plan,based on community input,identifies "prime farmland soils
and/or proven productivity" and "proximity to population centers" as priorities for agricultural
protection,and calls out Center Valley as a specific agricultural priority area.It also identifies streams and
wildlife corridors as priorities for habitat protection.
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The American Farmland Trust's 2012 report Losing Ground: Farmland Protection in the Puget Sound
Region includes a Jefferson County Scorecard which identifies the need for additional farmland protection
and also acknowledges the important role of the Conservation Futures Fund in that effort.
A 2009 State Office of Farmland Protection Report notes"The legislature finds that the retention of
agricultural land is desirable,not only to produce food,livestock,and other agricultural products,but also
to maintain our state economy and preferable environmental conditions."and this report also documents
decreasing farmland acreage and land prices rising with development pressure.
The Olympic Peninsula Resource Conservation&Development proposed Adaptation Strategies in their
"Climate Change Preparedness Plan for the North Olympic Peninsula"(2015).In this plan,they suggest to
"acquire and preserve existing vegetated,unprotected areas adjacent to river systems" and to "designate
and prioritize funding for additional land designated for agriculture".
This farm lies within the area mapped as "Above/Far Above Average Resilience" in The Nature
Conservancy's 2015 Resilient Pacific NW Landscapes report.
The proposed project supports identified goals in all of these plans.
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.
As noted in#5 above,farmland is being converted as our area continues to experience population growth
and consequently economic pressure on farmers to subdivide and sell.Here we have landowners who are
willing to preserve 115 acres of productive family farmland surrounded by other farms,and an important
segment of Chimacum Creek,(salmon spawning habitat in Center Valley), by reducing the development
and subdivision potential and resulting impacts from five residential rights down to two,through the sale of
a conservation easement to Jefferson Land Trust and a REPI easement to the Navy.We began discussions
with the landowners in 2019,and they are eager to move forward with the preservation effort,and to
continue to improve their farming and restoration practices. The mother-daughter team inherited the farm
from Bob Bundy,former husband and father, respectively,and have been working to keep the farm viable.
Purchase of the easement will provide funding for the landowners to increase their agricultural
productivity,encourage restoration and enhancement efforts on Chimacum Creek,contribute to the long-
term affordability of farmland by removing development rights,and preserve one of the few remaining
large farms that have enough acreage to provide diverse farming options.
7. Summarize the project's conservation values and how the CF funds requested support these values.
The conservation values to be protected are working agricultural land,surface water quality and
groundwater recharge,and riparian habitat for threatened salmon and other species.With CFF funds,
protection through a conservation easement will keep the property in single ownership, prohibit
subdivision on this large farm property,and allow the family to continue farming on this land.
8. 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.
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If affirmative in any of the above,please describe and list the Priority Habitat(s) and Threatened, Endangered, or
Sensitive species below, and cite or provide documentation of species'use.'
WDFW has identified this reach of Chimacum Creek as having spawning habitat for winter steelhead and
coho,with cutthroat present as well.This will add another segment to the protected Chimacum Creek
riparian corridor connecting the marine waters of Port Townsend Bay to forested uplands,thereby
enabling species movement with changing climate and seasons. This property includes Priority Freshwater
Emergent and Freshwater Forested/Shrub Habitats,as depicted in a WDFW Priority Habitat and Species
report on this location.
8 d. Does the current owner participate in conservation programs that enhance wildlife habitat?If so, please
provide details.
There has been recent CREP fencing and planting(15K trees)of 35 feet on each side that buffers
Chimacum Creek,and 15-foot buffers placed on other streams and drainages; and a man-made pond was
built in the SE corner of the property which extends onto the neighboring property. These improvements,
in addition to livestock watering troughs and fencing,enhance habitat by keeping livestock out of the Creek
and shading the riparian area.
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.
As described above,protecting this large farm and Chimacum Creek through an easement will eliminate
the possibility of development into five parcels,thus keeping the 115 acres whole,and eliminating 3
development rights,thereby reducing the challenges of working with multiple landowners to retain intact
habitat.In addition,the landowners have shown an interest in habitat protection and enhancement
through their past projects along the creek including water quality protection efforts.The project will
retain spawning habitat for winter steelhead and coho (identified on WDFW SalmonScape) and cutthroat
trout(WDFW Priority Habitat and Species report) by allowing the CREP plantings to grow and shade the
Creek,thereby helping stabilize water temperatures.
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
funds.
The Hannan Farm property has been farmed since early settlers came to Jefferson County and converted
wetland and stream habitat to farmland; the existing barn was built in 1900 and is listed on the
Washington Heritage Barn Register.Until 2016,it was owned by Bob Bundy,and for many years was one
of several local dairies in operation.Currently the Hannans run 35-40 beef cattle,mostly registered Black
Angus. They used to do direct marketing but found it difficult to compete with other established local
producers,so now they sell feeders and a few heifers. The landowners'wishes for the property are to
preserve a working farm raising hay and beef cattle and receive some support to enable improvements that
include reseeding the pasture for better hay production and replacing some fencing.They would like to
1 See,for example,http://www.dnr.wa.gov/researchscience/topics/naturalheritage/pages/amp_nh.aspx
http://www.wdfw.wa.gov/conservation/phs/list/
http://www 1.dnr.wa.gov/nhp/refdesk/plants.html
http://www 1.dnr.wa.gov/nhp/refdesk/pubs/wa_ecological_systems.pdf
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continue to work with JCCD on water quality and pasture improvements,and possibly additional
enhancement activities in the riparian habitat.
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.
As described above,there has been recent CREP fencing and planting and a man-made pond was built in
the SE corner of the property that extends onto the neighboring property.Water quality projects include
two gravity-fed livestock watering troughs with an additional dam and lined-pond planned (all with JCCD
help),and previous JCCD best management practices (BM') support was provided for gutters on the barn
and manure storage space.
The current owner's record of implementing best management practices that preserve and/or enhance soil,
water quality,watershed function and wildlife habitat has been shown by the successful completion of
numerous projects with JCCD,as described above.In fact, recently the owners completed a major
"cleanup"around the farm and removed over 55 tons of scrap that had accumulated in the past. The farm
is"unusually tidy"after this cleanup.From past projects with the JCCD and on their own,it is clear that,
if provided with funding and help,the owners wish to continue to restore and enhance their farm and the
riparian habitat along the creek and wetlands.
10 c. Describe how the acquisition or proposed easement will likely preserve and/or enhance soil,water quality,
watershed function and wildlife habitat.
The acquisition of the conservation easement and REPI easement on the entire farm will provide protection
against any subdivision of the property and limit the number of residences to the current two along with
ADUs allowed under county code within the designated building envelope.Additionally,the conservation
easement will include impervious surface limitations designed to preserve the prime soils and soils of
statewide significance.The continuation of BMPs on the farm and continued protection and enhancement
of the buffers on Chimacum Creek and on other streams and drainages will preserve soil,water and
habitat quality.All of this will enhance the watershed function and habitat in the unfarmed areas.
Continued responsible farming will help control runoff that could erode soils and add sediment to the
Creek and be detrimental to habitat. Continued agricultural use will also reduce the likelihood of
increased impermeable surfaces that often accompany development,and those surfaces would increase
runoff and reduce groundwater recharge.
11 a. Describe the extent and nature of current and planned silvicultural use of the proposed acquisition.Please
cite or provide documentation of existing or planned silvicultural activities including forest management plan(s)
or forest ecosystem restoration.
Silviculture is not a proposed use of this agricultural land.
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.
NA
11 c. Describe how the property acquisition or proposed easement will likely preserve and/or enhance soil, water
quality,watershed function and wildlife habitat.
NA
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.
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2021 CF Program Application FINAL
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Project is part of larger effort spearheaded by local agencies and organizations to protect important
agricultural lands and to help landowners operate successful and viable businesses that will contribute to
the local economy and secure food systems.Much of this effort has focused on prime agricultural lands and
businesses in the Center and Beaver Valleys. The Jefferson LandWorks Collaborative is a model of land
conservation and rural economic development,with the threefold goal: 1)to ensure that there is affordable
prime agricultural land in large enough tracts that the farmer can be profitable,2),to ensure that farmers
have access to the business training,capital and know-how to be profitable,and 3)to ensure that there are
both the consumer demand and robust markets to accommodate the farmers' needs.
Protection of the Hannan Farm provides benefits as a member of the local farming community,which is
becoming a prime area for local food-to-market/food-to-table agriculture,serving several stores,
restaurants and farmers markets in Jefferson County and beyond.Local farms are critical to food security
and to the local economy,and their food benefits residents of all ages. Jefferson County is fortunate in
having farmers whose average age is below that of the national average,which bodes well for our future,
and this could be tied to efforts like this to keep farmland relatively affordable.
In addition,salmonid populations also benefit from preservation of Chimacum Creek and adjacent
pasturelands 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 Hannan 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, Dosewallips
Valley, Bolton Peninsula, and the West End.
No.
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.2
Public access to this private farm is not planned,however,the farmers may choose to participate in the
annual farm tour,and may be willing to allow access for supervised tours,educational programs,science
surveys and research.
14. The proposed acquisition X includes historic or culturally significant resources3 and
X is registered with the National Register of Historic Places, or an equivalent program.
X 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.
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
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Barn built in 1900 is on the Washington Heritage Barn Register.
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. S`.� Initia1s3L2 572Dz( Date
16. If,three years after the date funding is approved by the Board of County Commissioners,the applicants have
not obtained the required matchingfunds,the Commit
tee mayrequest the Boardof qCounty Commissioners to
q
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
project sponsor does not obtain the necessary matching funding within three years. S Initials 3(ZS/iJDate
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2021 CF Program Application FINAL
hcgj://www.co.jetferson.wa.us/560/Conservation F-.3ures-Pro,ran
Landowner
em
AcknowledForm1
gent
Project Applicant Information
Applicant Name:Jefferson Land Trust
Project Number/Name: Hannan Farm
Contact: ❑ Mr. ® Ms. First Name:Sarah Last Name:Spaeth
Title:Director of Conservation and Strategic Partnerships
Mailing Address: 1033 Lawrence St. Port Townsend, WA 98368
E-Mail Address:sspaeth@saveland.org
Property Information
Address or Location: 4655 West Valley Road, Chimacum, WA 98325
County/Parcel Number: 801032002
Landowner Information
Landowner Name: Laurie J Hannan Living Trust
Representative: ❑ Mr. ❑ Ms. First Name: Last Name:
Title:
Mailing Address: 4655 West Valley Road, Chimacum,WA 98325
E-Mail Address: Ljhanjan3324@me.com
L*Q vet & — ff a s✓n/4,A--1
1. 1-' a/Al riL .'r (landowner name),is the legal owner of property described in the grant
application being submitted to the Recreation and Conservation Office by the project applicant.
2. I am aware that the project being proposed in the grant application is on my property.
3. If a grant is successfully awarded, I will be contacted and asked to engage in negotiations.
4. My signature does not represent authorization of project implementation.
5. If I am affiliated with the project applicant, I will recuse myself from decisions made by the project
applicant to work on or purchase my property.
6. There ffg_t tcircle one)tenants on the property.Tenants displaced as a result of this
project may be eligible for relocation assistance.
La id@ /R ativestrza ure Date
' "Manual 3:Acquisition Projects,"Appendix H
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HANNAN FARM PROJECT
CONSERVATION FUTURES FUNDS ILLUSTRATIONS - 2021
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Barn listed on Washington Heritage Barn Register
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Machine shed
Milking parlor building and pasture facing south
Exhibit C
2021 Conservation Futures Program Manual
Hannan Farm 15 September 7, 2022
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.
1.11. 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.
1.12. The Parties agree that, in order to maintain the opportunity for agricultural activity upon
the Property pursuant to RCW 79A.15.130, it is appropriate to include in this Easement
any and all adjudicated and un-adjudicated water rights, whether appropriative or
riparian, including but not limited to ditches and ditch rights, springs and spring rights,
reservoir and reservoir rights, wells and groundwater rights, water allotments, units or
shares, memberships, shares, or rights to receive water from any water company, ditch
company, or irrigation district, permits, certificates, or claims under Chapter 90.14
RCW, and any other types of rights related to the ownership of water, appurtenant to or
customarily or historically used or associated with or upon the Property, including but
not limited to those specifically described in Exhibit "C" (Water Rights), which is
attached to this instrument and incorporated herein by this reference (collectively, the
"Water Rights"). For purposes of this Easement, the Water Rights shall also include any
and all of the rights associated with the historical and beneficial use of any of the
embankments, flumes, headgates, measuring devices or any other structures that are
appurtenant to those water rights, together with all easements and rights of way
therefor.
1.13. The Parties intend that the Agricultural and Habitat 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 Agricultural or Habitat Conservation Values.
1.14. Granting Owner, in her capacity as Trustee of the trust that holds the fee interest in and
to the Property, has the right to protect and preserve the Agricultural and Habitat
Conservation Values, and desires and intends to transfer such rights to Grantee in
perpetuity.
2. CONVEYANCE AND CONSIDERATION
2.1. For the reasons stated above, and in consideration of the mutual covenants, terms,
conditions and restrictions contained herein, and pursuant to the laws of Washington
and in particular RCW 64.04.130 and RCW 84.34.210, Granting Owner hereby
voluntarily grants, conveys and warrants, for valuable consideration, the receipt of
which is acknowledged hereby, to Grantee a conservation easement in gross and in
perpetuity over the Property, consisting of the rights in the Property, hereinafter
enumerated, subject only to the title matters set forth in Exhibit D (Permitted
Page 4 of 37
Exceptions), which is attached to this instrument and incorporated herein by this
reference.
2.2. This conveyance is a conveyance of an interest in real property under the provisions of
RCW 64.04.130.
2.3. Granting Owner expressly intends that this Easement runs with the land and that this
Easement shall be binding upon Granting Owner's and Grantee's successors and
assigns in perpetuity.
3. PURPOSE
3.1. Purpose. The Purpose of this Easement is to protect the Agricultural Conservation
Values of the Property forever and prevent any use of the Property that will impair or
interfere with its Agricultural and Habitat Conservation Values, thereby maintaining the
opportunity for agricultural activity upon the Property pursuant to RCW 79A.15.130. To
the extent that the protection of Habitat and other Conservation Values is consistent
with maintaining the opportunity for agricultural activity upon the Property, it is within
the Purpose of this Easement to protect such Habitat and other Conservation Values
by preventing any use of the Property that will impair or interfere with its Habitat Values.
3.2. Stewardship Plan. To further the Purpose of this Easement, the Parties have
developed and approved, as indicated by the signatures of the parties to the plan, a
plan for stewardship of the Property ("Approved Stewardship Plan ") dated , on
file at the offices of Grantee and incorporated herein by this reference.
3.2.1. 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. 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 Grantee and the new owner.
3.3. Interpretation of the Easement and Approved Stewardship Plan.
3.3.1. The Parties intend that this Easement and an Approved Stewardship Plan both be
interpreted in a manner consistent with the Purpose of this Easement.
3.3.2. The Parties intend that this Easement and an Approved Stewardship Plan 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 maximum flexibility
and discretion to undertake activities that are consistent with the Purpose and
terms of this Easement.
3.4. No Public Rights Conveyed Through Easement. The Parties acknowledge that,
except as specifically provided herein, 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.
Page 5 of 37
4. RIGHTS CONVEYED TO GRANTEE
To accomplish the Purpose of this Easement, the following rights are conveyed by
Granting Owner to Grantee by this Easement:
4.1. 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
Agricultural and Habitat Conservation Values of the Property.
4.2. 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 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.
4.3. Access by Grantee. As provided for and limited herein, Granting Owner hereby gr
ants
to Grantee reasonable and non-exclusive access at reasonable times across the
Property 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 prior
notice to Owner, to inspect the Property after major natural events occur, such as
fires, windstorms, and floods.
4.3.3. To enter upon the Property at such other times as are necessary if there is reason
to believe that a violation of the Easement is occurring, for the purposes of
enforcing the provisions of this Easement. Prior to entry, Grantee must provide
Owner notice, and describe the basis of the reasonable belief that a violation is
occurring on the Property.
4.3.4. Grantee shall 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.
4.3.5. Owner may not unreasonably withhold or delay its consent to dates and times of
access proposed by Grantee.
4.4. Injunction and Restoration. Grantee shall have 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 shall
have the right to undertake or cause to be undertaken the restoration of such areas or
Page 6 of 37
features of the Property as may be materially damaged by activities contrary to the
provisions hereof, all in accordance with Section 9.
4.5. Enforcement. Grantee shall have the right to enforce the terms of this Easement, in
accordance with Sections 8 and 9. Jefferson County has no obligation to participate in
the enforcement of the terms of this Easement.
4.6. Assignment. Grantee shall have the right to assign, convey, or otherwise transfer
Grantee's interest in the Property in accordance with Section 13.
4.7. Signage. Grantee shall have the right to erect and maintain a sign or other appropriate
marker on the Property, visible from a public road, bearing information indicating that
the Property is protected by this Easement and held by Grantee. The sign shall also
name the funding sources for the acquisition of the Easement to the extent required by
the funding sources. The location and design of the sign shall be determined by mutual
consent of Owner and Grantee, which consent shall not be unreasonably withheld.
Grantee shall be responsible for the costs of erecting and maintaining such sign or
marker.
5. PERMITTED USES
5.1. General. Granting Owner reserves for itself and its 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 herein. Without limiting the generality of the
foregoing, Granting Owner specifically reserves for the beneficiaries under Restated
The Laurie J. Hannan Living Trust dated May 14, 2003, as aforesaid, and its successors
and assigns the following uses and activities, which shall be considered permitted uses
and activities under the Easement. Granting Owner is not reserving any rights to
undertake any uses or activities, including but not limited to Agricultural Activities, as
defined herein, within the Riparian Conservation Zone, as defined herein.
5.2. Well. There is an existing well within the Property. The existing well and its related
infrastructure are outside of the Building Envelope. Granting Owner reserves the right
to use, maintain, repair, and decommission the existing well and its related
infrastructure in the location depicted on Exhibit B (Site Map). Granting Owner also
reserves the right to drill, install, use, maintain, repair, and decommission a second well
and its related infrastructure in accordance with an Approved Stewardship Plan; a well
may not be located within 50 feet of the Chimacum Creek Irrigation Ditch.
5.3. Agricultural Activities. Owner may engage in, and allow others to engage in,
Agricultural Activities (as defined below) on the Property, as further provided for and
limited in this Section and in Section 6.
5.3.1. As used herein, "Agricultural Activities" shall mean the commercial 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 commercial production of berries, grain, hay, straw, seed,
or Christmas trees not subject to the excise tax imposed by Chapter 84.33 RCW,
and all conditions and activities occurring on a farm in connection with such
Page 7 of 37
commercial 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, rivers, canals, and drains, and use of water for agricultural
purposes; ground and aerial 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, fences,
roads, bridges, ponds, drains, waterways, and similar features as well as
restoration, maintenance of streambanks, watercourses, and wetland ponds.
5.3.2. Agricultural Activities shall also include such "Accessory Uses," as defined in
RCW 36.70A.177(3)(b), that are related to the permitted Agricultural Activities on
the Property, that maintain the primacy of, and are subordinate to, the farmland
character and use of the Property, that are compatible with the Agricultural
Conservation Values, and that provide supplemental income.
5.3.3. All Agricultural Activities shall be carried out in accordance with applicable law and
in compliance with the Purpose and terms of this Easement. Owner retains
discretion over the specific character and content of the management decisions
and practices necessary to identify, protect, preserve, maintain and conserve, in
perpetuity, and to enhance, restore, or improve the Agricultural Conservation
Values consistent with the Purpose and terms of this Easement.
5.4. Customary Rural Enterprises. Owner may establish and carry out customary rural
enterprises, provided said activities are compatible with the Purpose of this Easement
and
ri ultural uses of the Property and are subordinate to the agricultural
and ag c p y
residential use of the Property. The customary rural enterprises must be conducted in
the buildings required for the agricultural use of the Property or the residences.
Examples of rural enterprises include but are not limited to, home occupations or
cottage industries, educational programming, professional offices within the home,
child-care facilities, nonprofit work, bed and breakfast lodging, craft production, and
firewood distribution. Enterprises which market petroleum or chemical products are
prohibited. Enterprises that require their own buildings are generally prohibited unless
they are needed to maintain the viability of the agricultural operation and enterprise.
5.5. Habitat Stewardship Activities. Owner may engage in, and allow others to engage
in, any activity to monitor, protect, and maintain the Habitat Values, including but not
limited to habitat restoration, enhancement, and management activities ("Habitat
Activities"), pursuant to an Approved Stewardship Plan covering the Property. All
Habitat Activities on the Property shall be carried out in compliance with the Purpose
and terms of this Easement. Granting Owner desires to continue the protection of
those Habitat Values currently protected under the terms and conditions of the CREP
Contract. Accordingly, no uses or activities, including but not limited to livestock
grazing and other Agricultural Activities are permitted within the Riparian
Conservation Zone except in accordance with an Approved Stewardship Plan.
Following expiration of the CREP Contract, the Riparian Conservation Zone
boundaries may be fenced. Such fencing will be set back 35 feet from the bank full
stream width of the Chimacum Creek Irrigation Ditch and 15 feet from all tributaries;
fencing is intended to fully exclude livestock access to the Riparian Conservation
Zone.
Page 8 of 37
5.5.1.Within the Riparian Conservation Zone, Owner also may engage in, and allow others
to engage in, activities to maintain the hydrologic drainage function of the existing
channels and ditches, as shown on Exhibit B (Site Map), that benefit the Agricultural
Conservation Values of the Property, in accordance with an Approved Stewardship
Plan.
5.5.2.Within the Riparian Conservation Zone, and in accordance with applicable laws,
Owner may only engage in Agricultural Activities that are compatible with the
protection of the Habitat Values, in accordance with an Approved Stewardship Plan.
The grazing of livestock within the Riparian Conservation Zone is generally
prohibited; provided, however, that supervised grazing of livestock is allowed to
control invasive vegetation in accordance with an Approved Stewardship Plan,
5.6. Designation and Limitations on Building Envelope Improvements. There may be
no more than one (1) building envelope within the Property. A portion of the Property,
approximately five acres in area and as shown on Exhibit B (Site Map) herein, is
designated the Building Envelope for Agricultural and Non-Agricultural uses and
structures (the "Building Envelope").
5.6.1. Subject to the limitation on Impervious Surfaces, wind, solar, or other alternative
energy systems may be installed within the Building Envelope for the primary
purpose of generating energy for the agricultural and residential needs of the
Property, and 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 and transmission
towers and lines either above ground or underground; substations or switching
facilities for the purpose of connecting to transmission system; private roads
providing access from public roads to the energy facilities; and any other items
necessary to the successful and secure use of any area of the Property within the
Building Envelope for the production of wind, solar, or other alternative source of
energy. If the energy produced within the Property by wind, solar, or other alternative
source(s) of energy exceeds the energy required for permitted uses, Owner may sell
or transfer such excess energy; no new easements may be created or utility lines
installed in connection with such sale or transfer.
5.6.2. Subject to the limitation on Impervious Surfaces, telecommunications installations
are permitted within the Building Envelope, which may include a suitable support
structure, associated antennas, I beams, equipment shelters or cabinets and fencing
and any other items necessary to the successful and secure use of any area of the
Property within the Building Envelope for telecommunications purposes.
5.6.3. Outside the Building Envelope, any structure must be reasonably necessary for
Agricultural Activities (excluding Accessory Uses), in compliance with the total
impervious surface limit of Section 6.7.1, and any such structure may not
permanently impair the availability of the soil for agriculture. No structure outside the
Building Envelope may utilize a concrete slab, poured concrete foundation, or similar
components that would inhibit returning the soil to Agricultural Activities if the
structure is removed.
Page 9 of 37
5.7. Maintenance and Construction of Buildings and Other Structures
5.7.1. Building Envelope Improvements for Agricultural Activities. For all Agricultural
Activities, Owner may, within the Building Envelope, expand or enlarge
Improvements existing on the Property as of the Effective Date of this Easement and
may install, build or construct, expand, enlarge, maintain, repair, replace, or
decommission Improvements not existing as of the Effective Date of this Easement.
5.7.2. Building Envelope Improvements for Nonagricultural Activities. For personal and
domestic uses and activities and other nonagricultural activities within the Building
Envelope, Owner may expand or enlarge Improvements existing on the Property as
of the Effective Date of this Easement and may install, build or construct, expand,
enlarge, maintain, repair, replace or decommission Improvements not existing as of
the Effective Date of this Easement if Owner provides Grantee advance written
notice of the proposed Improvements and consent is given by Grantee for such
Improvements as provided for in Section 7.
5.7.3. Reservation of Dwelling Unit(s). Within the Building Envelope, Granting Owner
reserves the right to the use of two (2) single-family dwelling units on the Property,
as well as the right to construct accessory dwelling units related to such single-family
dwelling units to the extent permitted under applicable Jefferson County
development ordinances, subject to the impervious surface limitations and
restrictions on new Improvements provided for in Section 6.6.
5.7.4. To the extent permitted by applicable law and subject to the limitation on
Impervious Surfaces in Section 6.7, Granting Owner reserves the right to install
temporary farmworker housing in accordance with an Approved Stewardship Plan.
5.8. Recreational or Educational Use. Owner may engage in, and allow others to engage
in, recreational or educational activities on the Property. Recreational uses are limited
to uses such as hiking, fishing, horseback riding, and other forms of recreation that do
not require site modification to accommodate motorized, mechanical, or electronic
accessories. All forms of developed recreation or recreation that adversely impact the
Agricultural Conservation Values or Habitat Values are prohibited. All recreational and
educational activities on the Property shall be carried out in compliance with the Purpose
and terms of this Easement, and in a manner that maintains the primacy of, and remains
subordinate to, the farmland character and use of the Property.
5.9. Forestry Use: Owner may remove trees from the Property when required for safety, fire
protection, salvage purposes, pest control, disease control, restoration, domestic use,
or as necessary to benefit Agricultural Activities (the "Forestry Activities"). All Forestry
Activities on the Property shall be carried out in compliance with the Purpose and terms
of this Easement, and in accordance with an Approved Stewardship Plan. Owner may
not engage in or permit any Forestry Activities that would preclude the opportunity for
agricultural activity upon the Property. The provisions of this Section 5.8 shall not apply
to the commercial production of Christmas trees not subject to the excise tax imposed
by Chapter 84.33 RCW.
5.10. Emergencies: Owner may undertake any activities that are necessary to protect health
or safety or prevent significant property damage on the Property or are required by and
Page 10 of 37
subject to compulsion of any governmental agency; provided, however, that Owner shall
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.
6. PROHIBITED USES AND RESTRICTIONS ON PERMITTED USES
6.1. General. 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 it 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 are either (a)
inconsistent with the Agricultural Conservation Values and/or Habitat Values and
Purpose of this Easement and prohibited herein or(b) limited as provided herein to make
such uses or activities consistent with the Agricultural Conservation Values and Habitat
Values and Purpose of this Easement.
6.2. No 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
maintaining the opportunity for agricultural activity on the Property.
6.3. No Subdivision. Owner shall keep the property in common ownership. Owner may not
legally or in a "de facto" manner subdivide the Property, which shall include, but not be
limited to, any subdivision, short subdivision, platting, binding site plan, testamentary
division, or other process by which the Property is divided into lots.
6.4. Except as specifically provided for in the permitted uses and activities of Section 5 above,
Owner may not place or construct any buildings, structures, or other Improvements of
any kind on the Property outside of a Building Envelope.
6.5. Water Rights.
6.5.1.In furtherance of the Purpose of this Easement, Owner shall cooperate with Grantee
to help assure the maintenance of the Water Rights.
6.5.2. Except as expressly provided in this section, Owner may not transfer, encumber,
sell, lease, or otherwise separate the Water Rights from the Property.
6.5.3. Owner may not abandon, relinquish, or otherwise lose or forfeit, by action or
inaction, any of the Water Rights.
6.5.4. Owner shall take affirmative actions to avoid such abandonment, relinquishment,
loss, or forfeiture, including but not limited to the following: i) exercising the Water
Rights by putting them to beneficial use in accordance with Chapter 90.14 RCW; ii)
seeking to place or enroll the Water Rights in the Washington State trust water rights
program on a temporary basis, provided that any acquisition of the Water Rights by
the State shall be expressly conditioned to limit its use to instream purposes and its
duration to a term no longer than 10 years; or (iii) seeking to lease the Water Rights
for use on land other than the Property for a term no longer than 10 years, with prior
written notice to and consent of Grantee, after obtaining approval in accordance with
RCW 90.03.380, 90.03.383, 90.03.390, or 90.44.100 for a temporary transfer or
change of the Water Rights; provided, however, that any such lease shall require the
Page 11 of 37
lessee to make beneficial use of the Water Rights in accordance with Chapter 90.14
RCW and for Agricultural Activities only (collectively "Water Rights Maintenance
Actions"). If Owner is unable to take the Water Rights Maintenance Actions and the
Water Rights are under threat of abandonment, relinquishment, loss, or forfeiture,
Owner shall convey ownership of said Water Rights to Grantee for Grantee's use in
order to maintain the opportunity for agricultural activity on the Property or elsewhere
within the same watershed in Jefferson County.
6.5.5. Any relinquishment, loss, or forfeiture of the Water Rights may not be deemed or
construed to be a waiver of Grantee's rights under this Easement or to defeat the
Purpose of this Easement, and may not otherwise impair the validity of this
Easement or limit its enforceability in any way.
6.6. Limitations on Agricultural Use.
6.6.1. The establishment or maintenance of a commercial feedlot is prohibited.
For purposes of this Easement, a commercial feedlot is defined as a permanently
constructed 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. Confinement of animals raised on the Property is
expressly permitted and nothing in this Section shall prevent Grantor from leasing
pasture for the grazing of livestock owned by others.
6.6.2. Owner may not engage in, or permit others to engage in, the commercial
production of cultivated marine or freshwater aquatic products on the Property.
6.7. Limitations on Improvements. Owner may build or rebuild Improvements only in a
manner consistent with the following absolute limit on Impervious Surfaces (as defined
below) and other Improvement-related limitations:
6.7.1. Impervious Surfaces Limitation.
6.7.1.1. 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, patios, driveways, parking lots, storage areas,
areas that are paved, graveled or made of packed or oiled earthen materials,
or other surfaces that similarly impede the natural infiltration of surface and
storm water. Impervious Surfaces do not include an open uncovered flow
control or storage area or water quality treatment facility, provided that the
construction and maintenance of such area or facility is consistent with the
Purpose and terms of this Easement.
6.7.1.2. The total area of the Property covered by Improvements of any kind and
Impervious Surfaces shall be limited to no more than three percent (3%) of the
area of the Property; provided, however, that minor unenclosed agricultural
improvements such as corrals, hayracks, headgates, fences, ditches, culverts,
stock tanks, or other minor agricultural structures ("Minor Agricultural
Improvements") may be constructed or placed on the Property and not count
Page 12 of 37
against this total impervious surface limit. The total area covered by gravel shall
be subject to this 3% limitation unless Owner obtains prior written consent from
Grantee as provided in Section 7 to increase the percentage of total surfaces
covered by gravel and other impervious surfaces above the 3% limitation.
6.7.2. Limitations on New Improvements Outside a Building Envelope
6.7.2.1. Outside the Building Envelope, Owner may not expand or enlarge
Improvements existing on the Property as of the Effective Date, or install, build,
or construct Improvements not existing as of the Effective Date, unless such
Improvements are consented to in writing in advance by Grantee as provided
for in Section 7 and such Improvements are either (a) Temporary in nature
(present on the Property for less than one year); or (b) Reasonably necessary
for Agricultural Activities (excluding Accessory Uses) in compliance with the
total impervious surface limit of Section 6.7.1.2; provided, however, that Owner
may expand or enlarge Minor Agricultural Improvements without providing such
notice or receiving such consent.
6.7.2.2. Nonagricultural Accessory Uses shall not be located outside a Building
Envelope and shall not otherwise convert more than one acre of agricultural
land to nonagricultural uses.
6.8 Limitations on Improvements Related to Advertising. Commercial signs, billboards,
or other improvements installed, built or constructed for the purpose of advertising
nonagricultural activities or products are not allowed on the Property, except in
connection with the sale or lease of the Property or to state the conditions of access to
the Property. Signage consistent with the character of a working farm, and for
Agricultural Activities, is allowed on the Property.
6.9. Limitations on Mining: Owner may not conduct, engage in, or permit the commercial
mining or commercial extraction of soil, sand, gravel, oil, natural gas, fuel, or any other
mineral substance, using any surface mining method. Owner may conduct or engage
in mineral extraction if such extraction is not accomplished by any surface mining
method and the method of extraction has a limited, localized impact on the land that
does not damage, impair or endanger the Agricultural Conservation Values or Habitat
Values of the Property. No extraction permitted pursuant to this Section shall occur
without prior written notice to and consent of Grantee as provided for in Section 7.
Notice shall include a description of the type of extraction, the areas within which such
extraction shall occur, and the anticipated impact thereof.
6.10. Limitations on Alteration of Land. Owner shall not alter the surface of the land,
including, without limitation, grading, excavating or removing soil, sand, gravel, rock,
stone, aggregate, peat, or sod, except as provided below.
6.10.1. Notwithstanding anything in this Section or Section 6.7 to the contrary, soil, sand,
gravel, rock, stone, aggregate, peat or sod may be extracted without further consent
from Grantee so long as such extraction is solely for use on the Property, is in
conjunction with permitted Agricultural Activities, is revegetated promptly after
extraction is complete, and is accomplished in a manner that is consistent with the
Purpose and terms of this Easement.
Page 13 of 37
6.11. No Significant Erosion or Pollution: Owner may not engage in any use or activity
that causes or is likely to cause significant soil degradation or erosion or significant
contamination or pollution of any soils or surface or subsurface waters on the Property.
6.12. Limitations on Waste Disposal.
6.12.1. Owner may accumulate and store ashes, garbage, or other waste ("Trash")
on the Property only if such accumulation occurs in the normal course of domestic
or Agricultural Activities on the Property. Long-term accumulation of Trash (i.e.,
exceeding one calendar year in time) may occur within areas designated by Owner
with prior notice to and written consent of Grantee as long as such waste is either
destined for transfer off-site, or for incineration on-site, or, in the case of
biodegradable material, composted on-site.
6.12.2. Owner may not otherwise dispose of or Release (or permit the disposal or
release of) any Hazardous Substance on the Property. The term "Release" shall
mean any release, generation, treatment, disposal, dumping, burying, or
abandonment. 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 which 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. The term "Hazardous Substances" shall not include biosolids,
herbicides, pesticides, rodenticides, insecticides, and fertilizers applied in
accordance with federal, state, and local law. Any storage of Hazardous Substances
shall be in accordance with federal, state, and local law.
6.13. No Compensatory Mitigation. The creation, enhancement, restoration or
preservation of wetlands, fish or wildlife habitat, or other natural resources for the
purpose of, directly or indirectly, compensating for or mitigating resource losses or
damages in any way associated with actual or potential impacts of development except
for impacts caused by Owner on the Property ("Compensatory Mitigation") is prohibited
on the Property. Compensatory Mitigation includes, but is not limited to, mitigation
banking, conservation banking, and any other sale or exchange of mitigation credits
based on the creation, restoration, enhancement and/or preservation of such natural
resources within the Property.
6.14. 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.
6.15. Limitation on Transfers.
6.15.1. 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.
Page 14 of 37
6.15.2. Owner may not undertake or permit any Transfer of any rights in the
Property without prior notice to and consent of Grantee, and notice to Jefferson
County, as provided for in Section 7; provided, however, that such consent shall not
be withheld unless Grantee and Jefferson County determine that the proposed
Transfer would be inconsistent with the Purpose and terms of this Easement.
6.15.3. The following shall require notice to but shall not require consent of
Grantee: i) Any mortgage, deed of trust, or similar document providing security for
an indebtedness of Owner, provided that such security interest shall be subject and
subordinate to this Easement; ii) leases for telecommunications installations or
alternative energy installations within the Building Envelope, as provided for in
Section 5.5; iii)temporary transfers or leases of the Water Rights pursuant to Section
6.5.4; or iv)any gift, bargain, sale or devise of fee simple absolute title to the Property.
6.15.4. 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.
Owner further agrees 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 shall
not impair the validity of this Easement or limit its enforceability in any way.
6.15.5. Rights and Obligations Upon Transfer. Owner's rights and obligations
under this Easement terminate upon transfer of Owner'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.
7. NOTICE AND CONSENT
7.1. Notice.
7.1.1. 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 shall
provide such notice in writing not less than thirty (30) days prior to the date Grantee
intends to undertake the use or activity in question..
7.1.2. Owner. Certain provisions of this Easement require Owner to give notice to Grantee
prior to undertaking certain permitted uses and activities (e.g., Sections 5.7.2, 5.10,
6.5.4, 6.7.2, 6.9, 6.15.2, 6.15.4, 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 shall provide such notice in writing not less than ninety (90) days
prior to the date Owner intends to undertake the use or activity in question. The notice
shall describe the nature, scope, design, location, timetable, and any other material
Page 15 of 37
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. Upon receipt of such notice, Grantee shall immediately forward a
copy to RCO.
7.2. Consent
7.2.1. Consent by Beneficiaries Required. Wherever in this Easement Grantee's consent
is required, such consent is also required of RCO.
7.2.2. 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 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 Purpose and
terms of this Easement that must be satisfied in undertaking the proposed action,
use, or activity.
7.2.3. 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 shall grant or withhold its consent in writing within
the following time periods:
7.2.3.1. Owner. Where consent by Owner is required under this Easement, Owner
shall grant or withhold its consent within sixty (60) days of receipt of a written
request for consent.
7.2.3.2. Grantee. Where consent by Grantee is required under this Easement,
Grantee shall grant or withhold its consent within sixty (60) days of receipt of a
written request for consent.
7.2.4. 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 7, the party requesting consent
may conclusively assume the other party's disapproval of the proposed action, use,
or activity in question. The Parties and RCO agree that failure to grant or withhold
consent within the required time on any proposed action, use or activity shall not be
deemed or construed to be a waiver of Grantee's or RCO's rights under this
Easement with respect to any future proposed action, use or activity.
7.3. Optional consultation. If Owner is unsure whether a proposed 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 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 7.3 does not itself impose a
requirement of prior consent of the activity described in any such notice.
7.4. Addresses for Notices.Any notice, demand, request, consent, concurrence, approval,
or communication that any party desires or is required to give to the other shall be in
writing either served personally or sent by registered mail or overnight courier with proof
Page 16 of 37
of delivery, addressed as follows (or to such other address as any party from time to
time shall designate by written notices to each other party):
To Owner: Laurie J. Hannan, Trustee
4655 West Valley Road
Chimacum, WA 98325
(509) 301-2220
e-mail: ljhannan3324@me.com
To Grantee: Jefferson Land Trust
1033 Lawrence Street
Port Townsend WA 98368
(360) 379-9501
e-mail: info@saveland.org
To RCO: Washington State Recreation and Conservation Office
1111 Washington St SE
PO Box 40917
Olympia, WA 98504-0917
(360) 902-3000
(360) 902-3026
To Jefferson County:
Jefferson County Department of Environmental Health
615 Sheridan Street
Port Townsend, WA 98368
8. DISPUTE RESOLUTION
8.1. Preventive Discussions.
8.1.1. Owner and Grantee will promptly give the other 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
fifteen (15) business days after receipt of a written request for a meeting, to
minimize the same.
8.1.2. Grantee shall invite each Beneficiary to this Easement to such preventive
discussion meetings provided for in this Section 8.
8.2. 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 and with notice to RCO (RCO shall have full discretion to participate or not to
participate in the mediation). Within ten (10) business days of the receipt of such a
Page 17 of 37
request, the parties to the mediation ("Mediation Parties") shall select a single impartial
mediator. Mediation shall then proceed in accordance with the following guidelines:
8.2.1. 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.
8.2.2. 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.
8.2.3. 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 shall 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).
8.2.4. Time Period. Neither party shall be obligated to continue the mediation process
beyond a period of sixty (60) days from the date of receipt of the initial request or
if the mediator concludes that there is no reasonable likelihood that continuing
mediation will result in a mutually agreeable resolution of the dispute.
8.2.5. 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.
8.3. 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.
9. GRANTEE'S REMEDIES
9.1. 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.
Page 18 of 37
9.2. Owner's Failure to Respond. Grantee may bring an action as provided in Section 9.3
if Owner: 1
9.2.1. Fails to cure the violation within thirty (30) days after receipt of notice thereof from
Grantee;
9.2.2. Under circumstances where the violation cannot reasonably be cured within the thirty
(30) day period, fails to begin curing such violation within the thirty (30) day period;
or
9.2.3. Fails to continue diligently to cure such violation until finally cured.
9.3. 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 Agricultural Conservation Values
or Habitat Values protected by this Easement, including damages for the loss of the
Agricultural Conservation Values and/or Habitat 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
provided, however, that Grantee shall obtain RCO's consent before applying any such
damages. All such actions for injunctive relief may be taken without Grantee being
required to post bond or provide other security.
9.4. 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 Agricultural
Conservation Values and/or Habitat Values, Grantee may pursue its remedies under
this Section 9 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.
9.5. 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. Granting 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 remedies described 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 9.6 shall not be interpreted to preclude Grantee from
obtaining injunctive relief.
9.6. Damages. Inasmuch as the actual damages to the Agricultural Conservation Values
and/or Habitat Values that could result from a breach of this Easement by Grantor 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; or(ii)the cost of restoring any Agricultural Conservation Values and/or
Page 19 of 37
Habitat Values that have been damaged by such violation. In the event Grantee
chooses the second of these two measures, Owner agrees to allow Grantee, its agents
or contractors, to enter upon the Property and conduct restoration activities.
9.7. 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.
9.8. Grantee's Discretion. Enforcement of the terms of this Easement shall be at the
discretion of the 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 shall
not be deemed or construed to be a waiver by Grantee of such term or 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
County has no obligation to participate in or assist
be construed as a waiver. Jefferson Cou y g p p
with any enforcement of this Easement.
9.9. Waiver of Certain Defenses. Granting Owner acknowledges that it has 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,
Granting Owner hereby waives any claim or defense it 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, Granting 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.
9.10. Acts Beyond Owner's Control. Nothing contained in this Easement shall 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, 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 or assist with said
enforcement.
9.11. Compliance Certificates. Upon request by Owner, Grantee shall, as soon as possible
and no later than thirty (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
Page 20 of 37
as of Grantee's most recent inspection. If Owner requests more current documentation,
Grantee shall conduct an inspection, at Owner's expense, within forty-five (45) days of
receipt of Owner's written request and payment therefor. Any Beneficiary to this
Easement shall not be estopped from claiming or enforcing a violation of this Easement
unless such Beneficiary has also executed the Compliance Certificate.
10. LIABILITIES, TAXES, AND ENVIRONMENTAL COMPLIANCE
10.1. Liabilities. 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. Such insurance
shall include Grantee's interest, name Grantee as an additional insured, and provide
for at least thirty (30) days' notice to Grantee before cancellation and that the act or
omission of one insured will not invalidate the policy as to the other insured party. 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 Owner or Grantee. Owner remains solely 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 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.
10.2. Taxes. Owner shall 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 shall furnish Grantee with satisfactory evidence of payment upon
request.
10.3. Liability. Each party to this Easement shall be responsible for its own acts and/or
omissions and those of its members, directors, officers, employees, agents, and
contractors. No party to this Easement shall be responsible for the acts and/or
omissions of entities or individuals not a party to this agreement.
10.4. Representations and Warranties. Granting Owner represents and warrants that, after
reasonable investigation and to the best of Granting Owner's knowledge:
10.4.1. 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;
10.4.2. 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
Page 21 of 37
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;
10.4.3. 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
70.105D.010 et seq.) ("MTCA") sites; and
10.4.4. There is no pending or threatened litigation affecting the Property or any
portion of the Property that will materially impair the Agricultural Conservation
Values or Habitat Values of any portion of the Property. No civil or criminal
proceedings have been instigated or are pending against Granting Owner or its
predecessors by government agencies or third parties arising out of alleged
violations of environmental laws, and neither Granting Owner nor its
predecessors in interest have received any notices of violation, penalties, claims,
demand letters, or other notifications relating to a breach of environmental laws.
10.5. 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 (except that
the use of institutional controls shall 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 Owner in compelling third parties to contain and remediate any
such Release.
10.6. 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 or any Beneficiary to this Easement
to exercise physical or managerial control over the day-to-day operations of the
Property, or any of Owner's 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").
11. SUBSEQUENT TRANSFER OR EXTINGUISHMENT
11.1. Extinguishment.
11.1.1. 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.
11.1.2. The amount of the proceeds to which Grantee and any Beneficiary to this
Easement 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. Grantee shall use all such proceeds for the acquisition of property interests
Page 22 of 37
that are substantially equivalent to those conveyed by this Easement. Grantee
shall consult with and receive the approval of RCO in the selection of any
replacement property interests. Upon acquisition of such replacement property
interests, Grantee shall convey to RCO and Jefferson County the same or
substantially equivalent rights as provided for in this Easement.
11.1.3.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. Owner's 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.
11.2. Condemnation. If the Easement is taken, in the whole or in the part, by the exercise of
the power of eminent domain, Grantee, RCO, and Jefferson County shall be entitled to
compensation in accordance with Section 11.3, 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 11.3.
violates applicable law, then the proceeds to Owner, Grantee and RCO shall be divided
in accordance with applicable law. In the event that Grantee is the recipient of the
proceeds from any condemnation, then Grantee shall disburse to RCO and to Jefferson
County, their respective shares of the proceeds pursuant to Section 11.4 as soon as is
practicable.
11.3. Valuation
11.3.1. This Easement constitutes a real property interest immediately vested in
Grantee. For purposes of this Section, the Parties stipulate that this Easement
has a fair market value determined by multiplying (a) the then fair market value of
the Property unencumbered by the Easement, at the time of termination or
extinguishment, as determined by an appraisal that meets RCO requirements for
appraisals, by (b) the ratio of the value of the Easement at the time of this grant to
the value of the Property, unencumbered by the Easement, at the time of this grant.
11.3.2. For purposes of this Section, the Parties agree that the ratio of the value of
the Easement to the value of Owner's property unencumbered by the Easement
is evidenced by that certain real property appraisal prepared by SH&H Valuation
and Consulting, dated 12/03/2021, on file with Grantee. This ratio is 0.51 (e.g.,
0.375) and shall remain constant.
11.4. 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 9.4, any proceeds attributable to the value of the Easement shall
be distributed as follows: RCO is entitled to 44% and Jefferson County is entitled to 4%
of any such proceeds. Grantee shall use all such remaining proceeds in a manner
consistent with the Purpose of this Easement.
Page 23 of 37
11.5. Subsequent Transfers. Owner agrees to: (1) incorporate by express reference the
terms of this Easement in any deed or other legal instrument by which it divests itself
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.
Owner further agrees to give written notice to Grantee, RCO, and Jefferson County of
the transfer of any interest at least thirty (30) days prior to the date of such transfer.
Such notice 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 shall not impair the validity of this Easement or limit its
enforceability in any way.
12. AMENDMENT
12.1. Background. Granting Owner and Grantee have determined, in good faith, to articulate
herein the limitations of any permissible modifications to this Easement. Owner and
Grantee recognize that natural conditions, landscapes, uses, and technologies change
over time. Grantee and Owner recognize that unforeseen or changed future
circumstances may arise which makes it beneficial or necessary to take certain action
in order to ensure the continued protection of the Conservation Values of the Property
and to guaranty the perpetual nature of this Easement. Additionally, proposed activities
may require the exercise of discretion by Grantee, as further described below. This
Section 12 therefore ensures that Grantee protects the Conservation Values of the
Property in perpetuity.
12.2. Purpose. To this end, if approved by Grantee in its sole discretion, Owner and Grantee
have the right to modify this Easement. Grantee may exercise its discretion in
accordance with the provisions and limitations of this Section. Grantee has no
obligation to agree to any modification of this Easement. No modification may adversely
affect the perpetual duration of this Easement or the perpetual protection of its
Conservation Values.
12.3. Amendment Requirements. Grantee shall not consent to any amendment of
this Easement unless Owner submits a written request for amendment pursuant to
Grantee's existing amendment policy and such amendment otherwise qualifies under
Grantee's policy then in effect respecting conservation easement amendments. The
effect of such amendment shall be at least neutral with respect to or enhances the
Conservation Values, shall be consistent with the Conservation Values of this
Easement, shall comply with I.R.C. Section 170(h) and any regulations promulgated
pursuant to such section, and all applicable federal, state, and local laws, shall be
consistent with alterations to the land, then the Baseline Documentation shall be
supplemented appropriately to reflect the modification scope, scale, and intensity. The
supplement shall be acknowledged in writing by Owner and Grantee as memorializing
the condition of the Property as of the date of the amendment or discretionary approval.
12.4. Recording. Owner and the Grantee shall execute any amendment approved after
following the procedures in this section, subject to review, as necessary, and shall be
recorded in the official records of Jefferson County, Washington, and any other
jurisdiction in which recording may be required.
Page 24 of 37
12.5. Form. Any modification that Grantee determines in its sole discretion to be beneficial
or necessary, shall be in the form of either(i) an amendment, in the case of a
permanent modification of this Easement, including but not by way of limitation, a
clerical or technical correction or modification of a reserved right; or (ii) a discretionary
approval, waiver, or consent in the case of a temporary activity or impact relating to the
maintenance or management of the Property which does not require a permanent
modification of the Easement. All amendments and discretionary actions shall be
subject to this Section. Nothing in this Section, however, shall require Owner or Grantee
to consult or negotiate regarding, or to agree to any amendment or discretionary
approval, consent, or waiver.
13. ASSIGNMENT
13.1. Assignment. Grantee's Interest. Grantee's interest in this Easement is transferable
with prior written notice to and consent of RCO, 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, as amended, and a qualified recipient of grant
funds from the farm and forest account under RCW 79A.15.130. Grantee shall not
assign this Easement without notice in writing to, and consent of RCO and Jefferson
County, which consent shall not be unreasonably withheld. 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 the RCO Grant Agreement, as
described in Section 14. Grantee shall notify Owner 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 shall not
impair the validity of this Easement or limit its enforceability in any way.
13.2. Rights and Obligations Upon Transfer. A party'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.
14. SUCCESSION. If at any time it becomes impossible for Grantee to ensure compliance with
the covenants contained herein then Grantee's rights and duties hereunder shall become
vested and fall upon:(a) The Trust for Public Land; or (b) 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 applicable Washington law and the Internal Revenue Code and with
due regard to the Purpose of this Easement.
15. RCO THIRD PARTY RIGHT OF ENFORCEMENT
15.1. RCO is hereby granted third party right of enforcement of this Easement. As such, RCO
may exercise all of the rights and remedies provided to Grantee herein, and is entitled
to all of the indemnifications provided to Grantee in this Easement. RCO and Grantee
each have independent authority to enforce the terms of this Easement; provided,
Page 25 of 37
however, that RCO expects that Grantee shall have primary responsibility for
monitoring and enforcement of the Easement. In the event that RCO and Grantee do
not agree as to whether Owner is complying with the terms of the easement, RCO or
Grantee may proceed with enforcement actions without the consent of the other. If RCO
elects to enforce the terms of this Easement, it shall first follow the dispute resolution
process and remedies described in Sections 8 and 9 above; provided, however, that
RCO shall not be obligated to repeat any non-judicial dispute resolution steps already
taken by Grantee.
15.2. This third party right of enforcement does not extend to any other third party and will
automatically transfer to another State agency charged with maintaining, preserving
and/or restoring agricultural lands in the event RCO is dissolved or reorganized.
15.3. In the event that the Easement is transferred or assigned without the consent of RCO,
which consent shall not be unreasonably withheld, RCO may require that Grantee pay
to RCO, at RCO's election, the higher of(i) 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(ii)an amount equal to the Total Project Cost as specified
in the RCO Grant Agreement 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.
15.4. In the event that the Property is used by Owner in a manner that is not consistent with
the Purpose of this Easement or the terms of the RCO Grant Agreement, RCO shall
have the right, in addition to any other remedies described in this Easement, to require
that Owner pay to RCO, at RCO's election, the higher of(i) 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(ii) an amount equal to the Total Project
Cost as specified in the RCO Grant Agreement 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. Any costs, fees or damages paid by Owner for enforcement of this
Easement or restoration of the Conservation Values pursuant to Section 9 shall be
deducted from this amount. RCO agrees that it will follow the dispute resolution process
and remedies described in Sections 8 and 9 before exercising this right, unless legally
compelled to do otherwise. Any amounts due and owing RCO under this paragraph
shall be due and owing within 120 days of receiving a written demand for repayment by
RCO. Upon Owner's repayment of such amount to RCO, Grantee and RCO agree to
prepare and record, a deed amendment to release Owner from any further obligations
to RCO or Grantee under this Easement.
16. JOINT ENFORCEMENT
16.1. Before Grantee or any Beneficiary to this Easement exercises its rights to undertake
mediation, arbitration or legal action as provided for in Sections 8 and 9, the party
contemplating such action agrees to confer with the other parties holding enforcement
rights under this Easement as to whether they will join the mediation, arbitration or legal
action and share costs and expenses related to such action; provided, however, that
this agreement to confer shall not be construed as a limitation on the ability of Grantee
or any Beneficiary to this Easement to exercise its enforcement and other rights under
this Easement. If Grantee and/or any Beneficiary to this Easement decide to join in the
Page 26 of 37
action and share costs and expenses related to the action, the parties joining in the
action and sharing costs and expenses related to the action shall apply any recovery to
reimburse such parties for their costs and expenses; provided, however, that any
amount received based on loss of value to the easement, or resulting from
condemnation and/or extinguishment of the Easement, shall be distributed to RCO only
after reimbursing such parties for their costs and expenses.
16.2. If Grantee or any Beneficiary to this Easement chooses not to undertake mediation,
arbitration or legal action as provided for in Sections 8 and 9, and/or share costs and
expenses related to such action, such party shall not be entitled to any recovery for
enforcement costs; provided, however,that any amount received based on loss of value
to the easement, or resulting from condemnation and/or extinguishment of the
Easement, shall be distributed in accordance with Section 11.4 only after first
reimbursing any party for its costs and expenses that are not otherwise separately paid
as part of any arbitration award or judgment.
17. RECORDATION
Grantee shall record this instrument in a timely fashion 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.
18. NO MERGER
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.
19. GENERAL PROVISIONS
19.1. Effective Date. The Effective Date of this Easement shall be the date on which
Granting Owner executed this Easement.
19.2. 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, Owner acknowledges the jurisdiction of the courts of the State
of Washington in this matter. In the event of a lawsuit involving this Easement, venue
shall be proper only in Thurston County or in the County where the Property is located.
19.3. 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.
19.4. Severability.
Page 27 of 37
•
19.4.1. Except as provided in Section 20.4.2 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,
shall not be affected thereby.
19.4.2. 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.
19.5. Entire Agreement. This instrument sets forth the entire agreement of the Parties with
respect to the Easement and supersedes all prior discussions, 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.
19.6. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Owner's title in any respect.
19.7. "Granting Owner" — "Owner" - "Grantee". The terms "Granting Owner," "Owner,"
"Grantee," and "Co-Grantee,"wherever used in this instrument, and any pronouns used
in the place thereof, shall be held to mean and include, respectively the above-named
Granting Owner and Granting Owner's successors and assigns, 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.
19.8. Successors. The covenants, terms, conditions, and restrictions of 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.
19.9. 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.
19.10.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.
19.11.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.
Page 28 of 37
19.12.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.
20. SCHEDULE OF EXHIBITS
Exhibit A. Legal Description of Property Subject to Easement.
Exhibit B. Site Map.
Exhibit C. Water Rights.
Exhibit D. Permitted Exceptions.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, forever.
REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW
Page 29 of 37
IN WITNESS WHEREOF, the undersigned Granting Owner has executed this instrument
this day of , 2022.
Laurie Hannan, as Trustee under Restated
The Laurie J. Hannan Living Trust Dated
May 14, 2003
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
This instrument was acknowledged before me by LAURIE HANNAN as Trustee of
Restated The Laurie J. Hannan Living Trust Dated May 14, 2003, and said person acknowledged
that she signed this instrument and acknowledged it 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
(Use this space for notarial stamp/seal)
REMAINDER OF PAGE IS INTENTIONALLY BLANK; ADDITIONAL SIGNATURE PAGES
FOLLOW
Page 30 of 37
Jefferson Land Trust does hereby accept the above Grant Deed of Agricultural
Conservation Easement.
Dated:
By
Sarah Spaeth
Director of Conservation and Strategic
Partnerships
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
(Use this space for notarial stamp/seal)
REMAINDER OF PAGE IS INTENTIONALLY BLANK; ADDITIONAL SIGNATURE PAGES
FOLLOW
Page 31 of 37
THE STATE OF WASHINGTON, BY AND THROUGH THE WASHINGTON STATE
RECREATION AND CONSERVATION OFFFICE, Third Party Beneficiary, does hereby accept
the above Grant Deed of Agricultural Conservation Easement.
Dated:
By
Its
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 acknowledged it as the
of 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
(Use this space for notarial stamp/seal)
Page 32 of 37
EXHIBIT A
Legal Description
The West'%of the Northwest %, and the Northwest %of the Southwest of Section 3, Township
28 North, Range 1 West, W.M.; EXCEPTING THEREFROM the North 30 feet and the South 20
feet of the North 50 feet of the East 300 feet of the West 700 feet of Government Lot 4 (NW% of
NW %4) of said Section 3, conveyed to the County of Jefferson, by deed dated September 22,
1944, recorded in Volume 1 of Road Waivers, on page 633, records of Jefferson County;
ALSO EXCEPTING county roads, and ALSO EXCEPTING THEREFROM the following
described portion condemned for drainage canal:
A strip of land 30 feet in width, the centerline of which begins at a point in the East line of Lot 4,
Section 3, Township 28 North, Range 1 West, W.M., 1,104.2 feet south of the Northeast corner
thereof; Running thence in said Lot 4 and in the Southwest % of the Northwest ' and in the
Northwest '/4 of the Southwest % of said Section 3, South 32°West 588.4 feet;
Thence South 43° 50' West 1,449.9 feet to a point in the west line of said Section 3, 32.5 feet
south of the quarter corner between Sections 3 and 4 of said Township and Range.
All situate in the County of Jefferson, State of Washington.
Page 33 of 37
EXHIBIT B
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Jefferson County Conservation Futures Program Manual
2021 Funding Cycle
Jefferson County Conservation Futures Program Manual
2021 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 November 30, 2020)
Phil Andrus, Citizen, District#2
Mary Biskup, Citizen, District#1
Scott Brinton, Interest—Agriculture
Vacant, Citizen, District#3
JD Gallant, Citizen, District#3
Joanne Pontrello,Citizen, District#2
Rob Harbour, Interest—Working Lands
Richard Jahnke, Interest—Coastal Areas
Craig Schrader, Interest—Climate Change
Lorna Smith, Interest—Ecotourism
Dave Seabrook, Interest—Food Security
Vacant, Interest
David Wilkinson, Citizen, District#1
Table of Contents
Overview 3
Conservation Futures Citizen Oversight Committee(CF Committee) .4
Project Selection 4
Information Sources „4
Reimbursement .5
Compliance with All Laws 5
Record Retention ..6
Acquisition Projects 6
Operation and Maintenance(O&M) 9
Required Site Visit 11
Required Meeting 11
Annual Reports ..11
Project Changes ..12
Program Suggestions 13
Forms and Templates APPENDIX A
Project Agreement Template
Annual Report Form Template
Please note: The 2021 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 the program coordinator at Jefferson County Public Health with questions at Ph:
360/379-4498 or tpokomy@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,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(0&M)activities. 0&M projects must be linked
to a past,or proposed, CF-funded acquisition.
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
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 County
contracting,reporting,and reimbursement requirements.
Available funding is announced early in the calendar year and applications are provided by Jefferson
County 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 and are available by request throughout the year. The program
coordinator is always available to answer questions from sponsors,applicants,and interested parties.
This funding cycle,applications will be due Friday,March 26th,2021 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 the program coordinator.In April or May,the CF Committee meets to rank projects,determine
recommended funding levels,and compose its overall 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
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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(jeffbocc@co jefferson.wa.us)and/or the program coordinator at Public Health.
Project Selection
The CF Committee scores 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). Questions
may be posed by committee members and answered during this site visit or they may be held until the
project presentations meeting.
3. Oral presentation of the project: Each sponsor and CFCM must attend this meeting during which the
project sponsor(s)present their project(s)and answer 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 score sheets: Each CFCM submits to the program coordinator a form for each
project consisting 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 and it is weighted by a
predetermined multiplier. Individual scores for each project are recorded in a spreadsheet by the
program coordinator.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"or greater,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 1 through 4
and in light of current funds available to the cycle.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 in a memo from the CF Committee chair or vice
chair. The Committee will provide justification to the Commissioners for any and all changes from
the numerical ranked order.
Information Sources
The Conservation Futures Program is administered by the Commissioners'Office with assistance from
Public Health. Please note that the information contained in this manual does not supersede the statutes
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governing the Jefferson County Conservation Futures Fund and Program, and should be read in
conjunction with them.
Relevant se
ctions e a t sect ons 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 https://app.leg.wa.gov/rcw.The Jefferson County Code is available
online at http://www.codepublishing.com/WA/JeffersonCounty.
Contact the program coordinator at ph: 360/379-4498, fax: 360/379-4487 or email
tpokorny@co jefferson.wa.us.
Reimbursement
All grants are funded by the Jefferson County Conservation Futures tax levy.After a public hearing is
held, one or more project award resolutions may be passed by the Board of County Commissioners,
usually in June or July. Project agreement(s)(Appendix A)between the County and the project sponsor
are then developed to include the full scope of work as described in the original or updated application.A
final draft grant deed of conservation easement or statutory warranty deed is requested to serve as an
attachment to the agreement along with the project application and that year's program manual.
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,the qualifying property appraisal, and the required documentation of the matching contribution,
CF funds may be made available to the title company shortly before closing for the direct costs of
property acquisition.Please discuss dates for closings with the program coordinator to help ensure that
grant funds are ready and available when needed.
The project sponsor will commit to providing a matching contribution consistent with the project
application,and 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))
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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Conservation Futures language pre-approved by Jefferson County is required to be included in
conservation easement documents or statutory warranty deeds in order to ensure adequate protections for
project and match properties, and the public interest, 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 agreements,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
g
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.
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
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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%of the 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.
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.
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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 one or more PDF files to
tpokorny@co jefferson.wa.us:
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.
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Combination Acquisition/0&M Projects
Projects that involve acquisition and 0&M expenses are allowed and require that both sets of application
materials be submitted
Operations and Maintenance Projects(combination or standalone)
Statement of Priority with regard to standalone 0&Mprojects
Due to the urgent need to protect farm,forest,habitat,and open space lands,the current priority of the
Conservation Futures program is to fund high quality acquisition projects. Operations and
Maintenance funding for completed acquisition projects may be approved in exceptional cases,when
funding is available.
Availability of Funds for 0&M
Only projects that are acquired using conservation futures funds are eligible for 0&M funding.
Requests for 0&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 to be acquired,or previously
acquired,with Conservation Futures funds. Conservation futures tax levy funds appropriated for 0&
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.
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.
Eligible Operations&Maintenance Expenditures—Please note: (with acquisition request or standalone for
past projects)—Please note:Total 0&M awards are limited to 15%of the revenue to the Conservation Futures Fund in the
previous year.
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
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—Special site-specific reports(e.g.stewardship reports)
Wetland identification and/or delineation
Application and Attachment Requirements for 0&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.
_ Narrative description of how the requested funds will support specific 0&M activities;
what problems or stewardship needs will be addressed by the project;how the proposed
0&M activities will help implement the current Stewardship Plan for the site;probable
phasing of project activities; and other information that will help describe the need for
and scope of the project.
Simple budget describing how requested funds will be used and the source of matching
funds.
_ 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 activities.
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 images of portions of the property proposed for 0&M activities.
Please include captions, if available.
_ Plan,map,or aerial photo of the project site showing proposed areas of maintenance or
improvements, if applicable.
Copy of minutes or resolution documenting official action of project sponsor to submit
application for project funding. 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.
Documentation of Match
A match of 50%must be documented with each invoice.Match guidelines are identical for
acquisition and 0&M proposals.In-kind labor cannot be used as match.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.
Reporting
Any project sponsor receiving 0&M funds is required to submit a report each December until those
funds are expended.
Application and Attachment Requirements for O&M Projects
To apply for 0&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
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approved followed by"0&M Request Only".If you feel that a question is irrelevant to the project at
hand,please answer"N/A".
Required Site Visit
Project sponsors are asked to host the CF Committee on project site visit(s)and,beforehand,to obtain
written permission from the landowner for a county employee to take photographs and make an
unrestricted video recording of the project area.These materials are used to inform any CF Committee
members not in attendance at the site visit(s)due to health considerations or other needs.The images will
be kept on file and discoverable under the Open Public Records Act.If necessary,due to health and safety
or other considerations,the project sponsor will arrange for one or two County employees to tape the
video in the absence of any CF Committee members.
Required Meeting
The sponsor must request and reserve the date that the CF Committee will meet to hear project
presentations.The sponsor should attend the meeting in person, if possible,and make a presentation that
begins with an introductory project description and ideally is organized according to the sequence of
questions listed on the Score Sheet.
Annual Reports
Sponsors are required to submit an annual report by December 31'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.Project sponsors may demonstrate their long-term stewardship success or
management of projects by submitting their site inspection reports annually.
Reports
At their discretion, sponsors may provide annual reports to the CF Committee based on their own
monitoring documents.After five years, if no information is received about a project,the Committee is
more likely to request information about long-term monitoring activities.
Project
Changes
Project sponsors are expected to implement funded projects as described in their application to the CFF.
However,occasional changes may be necessary.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.
A proposed project change, such as a cost increase,parcel substitution or removal,or change in funding
category(acquisition or 0&M)or match ratio,requires that the CF Committee first develop a
recommendation for the BoCC to consider.
The Committee prefers that project change requests be presented as follows:
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1. Send a"letter",addressed to the CF Committee and Board of County Commissioners,in an
email to the program coordinator describing the desired change(s)and need for it/them 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/internet.
4. If the need for change is urgent,the Chair may call a special,ad hoc,meeting.However, such a
meeting requires that a quorum of committee members is available to approve any
recommendation to the BoCC.
5. The following requests are considered particularly significant:
a. Parcel substitution or removal
b. Increase in funding amount
c. Reduction in percentage match
d. Loss of conservation value
e. Change in funding category(acquisition and/or O&M)
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. 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 the program coordinator at the contact information on page 3.
Every CF Committee meeting also includes two public comment periods.Draft meeting agendas are
posted on the program website.
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APPENDIX A
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT AGREEMENT
(informational only)
Project Sponsor:
Project Title:
Project Number:
Approval: Resolution No. xxx on xxx, 2021
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 Public Health for the Sponsor for
the project named above.
C. Description of Project
The subject project is described in the attached 2021 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.
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.
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Acquisition 0&M Totals
Conservation Futures— $ $ $
Project Sponsor $ $ $
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
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.
J. 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
Commercial Automobile Liability Insurance providing bodily injury and property damage liability
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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.
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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 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 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.
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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 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 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.
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
T. NonWaiver.
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.
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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
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 2021.
By
Kate Dean,Chair
Jefferson Board of County Commissioners
By
Attested:
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 (informational 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 0 &M activity that has occurred since December
31st of the previous year, please provide supporting documentation):
20. New events, activities, projects(for each 0&M activity that has occurred since December 31st 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
Conservation Futures
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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 D
Resolution No. 53 —21
Resolution No. 37—22
(Amending Resolution #53 —21)
Hannan Farm 16 September 7, 2022
Cc . p �j ) V. ), ?-)-
STATE OF WASHINGTON
County of Jefferson
Amending Resolution#53 —21, Dedication of }
Conservation Futures Funds to the Hannan Farm )
Project as Authorized by and in Accordance with } RESOLUTION NO. 37 22
Jefferson County Code Section 3.08.030(7) to }
Provide a System of Public Open Spaces }
WHEREAS, on September 7, 2021, Jefferson County dedicated up to $25,000 in
conservation futures funds in the 2021 funding cycle for acquisition expenses contingent on a matching U
contribution of at least ninety-six percent(96%) of the total project cost; and
WHEREAS, on May 18, 2022, the project sponsor, the Jefferson Land Trust, requested
to update the project budget because the total project cost had risen from $560,000 to $670,872.50 and,
therefore, the matching contribution would increase from $535,000 to $645,872.50, representing
3.72% of the total project cost; and
WHEREAS, the project deliverables and Conservation Futures award would remain as
before; and
WHEREAS', JCC 3.08.030(5) states that the project sponsor will commit to providing a
matching contribution no less than the amount of conservation futures funds awarded to the project
before conservation futures tax funds are reimbursed to that sponsor; and
WHEREAS, Jefferson County still 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 rededicates up to $25,000 in conservation futures funds in the
2021 cycle towards escrow payments and/or reimbursement of eligible acquisition
expenses contingent upon presentation of a matching contribution of at least fifty
percent (50%). The sponsor anticipates that the matching contribution will remain
ninety-six percent (96%) at the time of project completion.
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 AND ADOPTED this I `day of /"I 4 145 r , 2022 in Port Townsend, Washington.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Resolution No. 37 22re: Amending Resolution #53 —21, Dedication of Conservation Futures Funds
to the Hannan Farm project
SEAL: JEFFERSON COUNTY
BOARD OF COMMISSIONERS
e i Ei enhour, Chair
ATTEST: . • 1.11.'
reg :roT erton, Member
OF14-6v) 6'46 `v,
Carolyn Gallaway approved Telephonically
Clerk of the Board Kate Dean, Member
li Regular Agenda
615 Sheridan Street
els°
Port Townsend, WA 98368
www.JeffersonCountyPublicHeaith.org
Pu c He
HEARING FORM
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Pinky Mingo, Environmental Public Health and Water Quality
Director
Tami Pokorny,Natural Resources Program Coordinator
DATE: August 1, 2022
SUBJECT: Agenda Request: Public Hearing and Possible Decision Regarding
Amendments to Conservation Futures Resolutions #51 - 21 for the
Hannan Farm Project and#53 -21 for the Big Quilcene—Moon Valley
Project.
STATEMENT OF ISSUE:
On July 11th, 2022, the BoCC approved a Public Hearing Notice to hold a public hearing on amendments
to two Conservation Futures award resolutions on August lst, 2022 at 10:45 a.m. The notice was
published in the Port Townsend&Jefferson County Leader on July 13th and July 20th,2022. After the
hearing,the BoCC may decide whether or not to amend the existing resolution(s).
ANALYSIS/STRATEGIC GOALS:
Jefferson County Code(JCC)3.08.030(4)requires a duly noticed public hearing prior to final action by
the Board of County Commissioners on the annual allocations from the Conservation Futures Fund
(CFF). Resolutions#51-21 and 53-21 were approved on September 7th,2021. The project sponsors have
since requested changes to their respective project budget, and the proposed draft resolutions reflect these
changes. Contributions from the CFF and project deliverables would remain as before.
FISCAL IMPACT:
There is no impact to the General Fund or Conservation Futures Fund for approving the resolution
amendments.
Community Health Environmental 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
RECOMMENDATION:
1) Hold a public hearing on August 1s`,2022 at 10:45 a.m. Consider the written and oral testimony at the
public hearing and consider approving the enclosed resolution amendments(with or without
revisions).
REVIEWED BY:
r41,1X L VZ--
Z
Mark McCaul County Administrator Date
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