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HomeMy WebLinkAbout030 09 ec: 9~ 75\1~01 \(e~) STATE OF WASHINGTON County of Jefferson In The Matter of Purchasing a Conservation Easement on the Glendale Farm in Chimacum, Washington and Designating Persons with Authority to Sign Documents } } } } } } RESOLUTION NO. 30-09 WHEREAS, the Glendale Farm Project was approved for conservation futures funding in the amount $230,000 on June 4, 2007 to acquire a conservation easement on this historic I80-acre farm, WHEREAS, an application to the Recreation and Conservation Office's (RCO) Washington Wildlife and Recreation Program Farmland Preservation Account, in partnership with the Jefferson Land Trust, was approved on September 4,2007 to provide additional funding towards the acquisition of the conservation easement and restoration projects on the property, WHEREAS, on March 24, 2008, the Chair of the BoCC signed the Certification of Sponsor Match required by the RCO prior to final determination of grant awards, WHEREAS, on December 1,2008, an agreement with the RCO, #07-1540C, to provide $546,737, half of the funding, was approved, WHEREAS, community members have provided $316,738 in additional funding through the Jefferson Land Trust to complete the project, WHEREAS, a professional services agreement with the Jefferson Land Trust to perform project services was approved on March 12,2009, WHEREAS, an Assignment of Rights to execute an option to purchase the conservation easement was previously approved on May 11,2009, WHEREAS, the conservation easement document was previously approved on May 11,2009, WHEREAS, it is necessary for the county's conservation futures funds allocated for this project be placed in escrow at First American Title in Port Townsend on or before Friday, May 22, 2009 in order for closing to occur as scheduled on Tuesday, May 26, 2009, and WHEREAS, while it is the Board of County Commissioners that have the authority to bind the County in any contract or purchase where County funds will be exchanged for items of value such as real or personal property, they are also empowered to grant to their employees, agents or representatives authority to execute (sign) Page 1 of2 documents that might be required by third-parties (such as title companies) in order to implement and complete such contracts or purchases. NOW, THEREFORE BE IT RESOL VED, by the Board of County Commissioners of Jefferson County that: 1. The Auditor's Office issue a warrant for conservation futures funds in the amount of $230,000 to be placed in escrow with First American Title Company in account #48067 no later than Friday, May 22, 2009 in anticipation of a closing date of Tuesday, May 26,2009. 2. Water Quality Division staffTami Pokorny and Neil Harrington, as alternate, be granted the authority to execute all closing and baseline documents that might be required by third parties in order to undertake and complete the project identified above. .,' ......-~Pl?r.~~.~d this ~ day of ~, 2009 '., [''''' F Y ~ 0", ' \\..~ \ ~,., . .:"i'/ Davi U IV, I - .' '~,..':-- / '~ENll' ~ \ ~>// -...,..",..,'. - t:::::?1.7:c~ Cf7l C Deputy Clerk of the Board Page 2 of2 JEFFERSON LAND TRUST Helping the community preserve open space, working lands and habitat forever.' 1033 Lawrence Street, Port Townsend, W A 98368 360-379-9501 - office 360-379-9897 - fax www.saveland.org jlt@saveland.org ASSIGNMENT OF RIGHTS Subject to the terms and conditions contained in that certain Option Agreement for Purchase of Conservation Easement dated June 17, 2008 (the "Option Agreement"), Jefferson Land Trust is the holder of an option to purchase a conservation easement on real property owned by Kirk Charles Salvatore, commonly known as Glendale Farm, as specifically described in the Option Agreement. Pursuant to the Option Agreement, Jefferson Land Trust does hereby assign all of its rights and obligations under said agreement to Jefferson County and Jefferson County does hereby accept the assignment of all such rights and obligations. Jefferson County shall hereafter be subject to all of the terms and conditions of the Option Agreement. This Assignment of Rights does not alter or modify any other agreement between Jefferson Land Trust and Jefferson County regarding the transaction contemplated by the Option Agreement. Dated: <=/:: -II - 01 Jefferson Land Trust ,\ -'''pro'':''d as to fO, rm only: J ,'"I ,../ } 4 ._~- . aD b J "9 ~. ~,'=$- ~ , "('" T;fferson Co. Prosecutor s ~v., By: S C.v-c..-t,,- C. O-VU-. 5 /1 / tJ OJ Executive Dire Jefferson Land Trust is a 501 (c) (3) non-profit, tax-exempt, private corporation. Donations are deductible to the full extent of the law. III "" 111111I111111 ~.~,~~:: OS/26/2009 04:08P Jefferson County Aud FIRST AMERICAN TITLE EASE 77.00 AFTER RECORDING RETURN TO: Jefferson Land Trust 1033 Lawrence Street Port Townsend W A 98368 JUN - 2 2009 Jefferson c.ounty Excise TfJ< '\ Aft # 11 2 8 ~ 8 Date ~1~t5ft:,'1 Tax $ . .3 ,1.0Sales Amt $ q ,m) ByS. Deputy Treasurer Lf 3(")lo I Grantor: KIRK SALVATORE Grantee: JEFFERSON COUNTY Co-Grantee: JEFFERSON LAND TRUST Abbreviated Legal Descriptions: Assessor's Tax Parcel Number: 901 143009,901 144002,901 144003,901 144001, 5E ~ Ptns E. 2 SW 1L4-29-lltJ 901143010 AGRICULTURAL CONSERVATION EASEMENT THIS AGRICULTURAL CONSERVATION EASEMENT is made by and between: KIRK CHARLES SALVATORE, a single person (herein referred to as "Grantor"), whose address is 431 Center Road, Chimacum WA 98325; JEFFERSON COUNTY, a political subdivision of the State of Washington ("Grantee"), with a mailing address of Post Office Box 1220, Port Townsend WA 98368; and JEFFERSON LAND TRUST, a Washington nonprofit corporation ("Co-Grantee"), with a mailing address and registered office at 1033 Lawrence Str-eet, Port Townsend WA 98368, (collectively, the "Parties"). The following third party beneficiary ("Beneficiary") has certain rights hereunder, including third party right of enforcement: The State of Washington, by and through the Washington State Recreation and Conservation Office ("RCO"). I. RECITALS A. Grantor is the sole owner in fee simple of certain real property (the "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 is comprised of approximately 179.4 acres in 5 tax parcels and is commonly known as "Glendale Farm". B. The Property has been in continuous agricultural use since 1893 and possesses significant agricultural resource, forest resource, and habitat values of great importance to Grantor, Grantee, Co-Grantee, the people of Jefferson County, and the people of the State of Washington (collectively, "Conservation Values"). The Conservation Values include: agricultural productivity; prime, unique, and important agricultural soils of regional and State-wide importance; existing and potential economic productivity; and the viability of the site for continued agricultural production, based on its farm-to-market access, proximity to roads and utilities, historic structures, water availability, and drainage. j!!!!!!!~1 !IIIIIIIIIIIIIII~IIIIIIIIII 111111111111 :;~~f:~ ountv AUd FIRST AMERICAN TITLE OS/26/2009 04:08P EASE 77 . 00 C. The portion of the Property that is to the West of Ole Torkelson Road, approximately 24 acres in area, is forested and has been managed for the production of timber. This forested area in the Southwesterly corner of the Property is shown on said Exhibit B and referred to in this Easement as "Forest Area 1". The forested portion of the Property that is Northeasterly of SR 19, approximately 1.5 acres in area, is shown on said Exhibit B and referred to in this Easement as "Forest Area 2". D. The Property also possesses significant fish and wildlife habitat values of great importance to Grantor, Grantee, Co-Grantee, the people of Jefferson County, and the people of the State of Washington (collectively, "Habitat Values"). The Habitat Values include: riparian habitat associated with Chimacum Creek that contains, and will support the enhancement of, features that afford safe passage and suitable habitat for salmon and other species of fish; wildlife habitat provided by the forested portions of the Property; migratory bird forage areas; and other fish and wildlife habitat. The Habitat Values associated with Chimacum Creek are currently protected by enrollment of the Property in the Conservation Reserve Enhancement Program ("CREP"),administered by the Farm Service Agency of the United States Department of Agriculture. In conjunction with CREP, a buffer area along Chimacum Creek has been fenced, surveyed, and will be described in the Baseline Documentation as the "Riparian Habitat Conservation Zone". Under the terms and conditions of CREP, no agricultural production is allowed in the Riparian Habitat Conservation Zone. E. The Property consists primarily offarmland (as defined in RCW 79A.15.01 0(4 )). Of the soils within the Property, the Clallam gravelly sandy loam and Everett gravelly sandy loam are classified by the State of Washington as soils of statewide significance. The three variants of Semiahmoo muck, the Belfast silt loam, and the Tisch silt loam are classified as prime farmland soils by the United States Department of Agriculture Natural Resources Conservation Service. F. The specific Conservation Values and Habitat Values of the Property are further documented in an inventory of its relevant features (the "Baseline Documentation"), on file at the offices of Grantee and incorporated herein by this reference. The Baseline Documentation consists of a report, an appraisal, maps, photographs, and other documentation that Grantor and Grantee agree accurately describe and depict the state of the Property, including without limitation the areas used for Agricultural Activities, as defined herein, and the areas used for Forestry Activities, as defined herein, at the time of this grant, and which are intended to serve as an objective information baseline for monitoring compliance with the terms of this grant. The Baseline Documentation incorporated herein by this reference shall be reviewed and adopted in writing signed by all parties at the time of or before execution of this instrument; provided that within three months of this instrument a collection of additional Baseline Documentation may be compiled by Grantee, for review and written approval by all other parties for incorporation herein by reference. All parties shall approve in good faith all Baseline Documentation which fairly represents the factual use and condition of the property at the commencement of the easement, and shall submit to Dispute Resolution under Section VIII any inability to reach mutual agreement on such documentation. 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 C?f the Property as of the date of this Easement. Grantee may use the Baseline Page 2 of 36 I 111\\\ 111\1111\111 1111\11111 \\1\ 111\ \\11111\11 1111 ~:.~:~ : ,~ Jefferson County Aud FIRST AMERICAN TITLE EASE 77.00 Documentation in enforcing provision 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. G. Permanent protection of the Property will further the purposes of the Washington State Farmlands Preservation Account ("FPA") established under RCW 79A.15.130(1), which provides that moneys appropriated to the FPA "must be distributed for the acquisition and preservation of farmlands in order to maintain the opportunity for agricultural 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 OST A, lands eligible for preferential real property tax treatment include lands such as the subject Property where 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 Ordinance No.09-1203-03, that recognizes the importance of the following resources that occur on the Property: presence of prime agricultural soil on a significant portion of the parcel, historic usage for agricultural, and physically and topographically suitable for the practice of commercial agriculture. H. This Easement is acquired in part with a grant from the Recreation and Conservation Office, an agency of the State of Washington ("RCO"), pursuant to that certain grant agreement (#07- 1540C) between RCO and Grantee; dated December 1, 2008 ("RCO Grant Agreement"). RCO is a third-party beneficiary of certain rights under this Easement. I. This Easement is acquired in part with a grant from the Jefferson County Conservation Futures Fund pursuant to that certain grant agreement dated June 4,2007. Jefferson County is the holder of rights under this Easement as Grantee herein. J. The remainder of the Easement acquisition cost was provided by Jefferson land Trust as a result of a community fund raising effort organized and administered by Jefferson land Trust. Jefferson land Trust is the holder of rights under this Easement as Co-Grantee herein. K. Co-Grantee is a Washington nonprofit nature conservancy corporation authorized to acquire and hold conservation easement interests under RCW 64.04.130 and RCW 84.34.210. L. The Parties agree that, in order to maintain the opportunity for agricultural activity upon the Property pursuant to RCW 79A.15.130(1), it is appropriate to include in this Easement any and all adjudicated and unadjudicated 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 RCW Chapter 90.14, 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 Page 3 of 36 111111111 "1111I111111 ~:6~:~ L, Jefferson County Aud FIRST AMERICAN TITLE EASE 77.00 embankments, flumes, headgates, measuring devices or any other structures that are appurtenant to those water rights, together with all easements and rights of way therefore. M. The Parties intend that the Conservation Values and Habitat Values be preserved and maintained in perpetuity by permitting only those land uses on the Property that do not impair or interfere with the Conservation Values or Habitat Values. It is the intent of the Parties that this Easement, under all circumstances, shall not be interpreted or construed in a manner that would permit the conversion of any of the land used for agriculture as of the date of this grant from agricultural uses to uses associated with timber production. This Easement is intended to permit the conversion of land used for Forestry Activities (as defined in V.C.1) as of the date of this grant (Forest Areas 1 and 2 as shown on Exhibit B) from such uses and activities to Agricultural Activities (as defined in V.B.1)) and to thereafter preclude any timber production or other Forestry Activities on land converted to agricultural uses. It is the specific intent of the Parties that this Easement give priority to the conservation of land and resources within the Property for agriculture. N. Grantor, as owner of the Property, has the right to protect and preserve the Conservation Values and Habitat Values, and desires and intends to transfer such rights to Grantee in perpetuity. II. CONVEYANCE & CONSIDERATION A. In consideration of a cash payment received from Grantee, the receipt and adequacy of which is hereby acknowledged by Grantor, and in further consideration of the foregoing recitals and the terms, conditions, restrictions, and mutual covenants set forth in this instrument, and pursuant to the common law and the laws of the State of Washington, particularly Sections 64.04.130 and 84.34.210 of the Revised Code of Washington, Grantor hereby grants and conveys to Grantee a Conservation Easement ("Easement") in gross in perpetuity over the Property, consisting of certain rights in the Property, as hereinafter enumerated in this Easement, subject only to the restrictions set forth herein and title matters set forth in Exhibit D (Permitted Exceptions), which is incorporated herein by this reference. B. This conveyance is a conveyance of an interest in real property under the provisions of RCW 64.04.130. C. Grantor expressly intends that this Easement run with the land and that this Easement shall be binding upon Grantor's, Grantee's, and Co-Grantee's successors and assigns in perpetuity. D. Nothing in this Easement shall be construed as affording to the general public physical access to the Property. III. PURPOSE A. Purpose. The purpose of this Easement is to protect the Conservation Values of the Property forever and prevent any use of the Property that will impair or interfere with its Conservation Values ("Purpose"), thereby permanently maintaining the opportunity for agricultural activity upon the Property pursuant to RCW 79A.15.130(1). To the extent that the protection of Habitat 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 Values by preventing any use of Page 4 of 36 11111II111111111I1111111111111111111111111 ~'~~~f~~ OS/26/2009 04:08P Jefferson County Aud FIRST AMERICAN TITLE EASE 77.00 the Property that will impair or interfere with its Habitat Values, and, more specifically, it is within the Purpose of this Easement to protect permanently the Habitat Values of the Riparian Habitat Conservation Zone by prohibiting Agricultural Activities within the Riparian Habitat Conservation Zone. The conversion of any land used for Agricultural Activities (as defined in V.C.1) to Forestry Activities (as defined in V.C.2) is not within the Purpose of this Easement and is prohibited. B. Stewardship Plan. To further the Purpose of this Easement, the Parties shall develop a plan for stewardship of the Property (the "Stewardship Plan"), including without limitation, forest resource management and the management, restoration, or enhancement of the Riparian Habitat Conservation Zone. C. Intent. The Parties intend that this Easement be interpreted in a manner cons.istent with its Purpose to confine Grantor'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 Grantor flexibility and discretion to undertake activities that are consistent with the Purpose and terms of this Easement. D. The Parties acknowledge that, except as specifically provided herein, Grantor 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. IV. RIGHTS CONVEYED TO GRANTEE & CO-GRANTEE A. To accomplish the Purpose of this Easement, the following rights are hereby conveyed to Grantee and Co-Grantee: 1. Grantee and Co-Grantee shall have the right to identify, protect, preserve, maintain, and conserve in perpetuity and to enhance, restore, or improve by mutual agreement the Conservation Values and Habitat Values of the Property. 2. As provided for and limited herein, Grantor hereby grants 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: a. 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 the Grantor, for the purpose of (i) identifying the current uses and practices on the Property and the condition of the Property, and (ii) monitoring the uses and activities on the Property to determine whether they are consistent with this Easement. b. To enter upon the Property, at a mutually agreeable date and time and upon prior notice to Grantor, to inspect the Property after major natural events occur, such as fires, windstorms, and floods. c. 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 Grantor notice, and describe the basis of the reasonable belief that a violation is occurring on the Property. Page 5 of 36 II n 11I11 n III n III I n ~:6~~~i~,~ Jefferson County Aud FIRST AMERICAN TITLE EASE 77.00 d. Grantee shall exercise its access rights in compliance with applicable law and in a manner that will not materially disturb or interfere with Grantor's reserved rights, any other person's lawful use of the Property, or Grantor's quiet enjoyment of the Property. e. Grantor shall not unreasonably withhold or delay its consent to dates and times of access proposed by Grantee. 3. Grantor 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. Grantee shall have the right to prevent, or cause Grantor 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 features of the Property as may be materially damaged by activities contrary to the provisions hereof. all in accordance with Section IX. 5. Grantee shall have the right to enforce the terms of this Easement, in accordance with Sections VIII and IX. 6. Grantee shall have the right to assign, convey, or otherwise transfer Grantee's interest in the Property in accordance with Section XIII. 7. 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 Grantor and Grantee, which consent shall not be unreasonably withheld. The wording of the information shall be determined by Grantee, but shall clearly indicate that the Property is privately owned and not open to the public. Grantee shall be responsible for the costs of erecting and maintaining such sign or marker. 8. To accomplish the Purpose of this Easement, the rights conveyed to Grantee by this Section IV are also conveyed to Co-Grantee by this Easement. The limitations imposed by this Section IV on Grantee's exercise of such rights shall also apply to Co-Grantee's exercise of such rights. V. PERMITTED USES & ACTIVITIES A. Grantor reserves for Grantor and Grantor's successors and assigns, any and all rights not otherwise conveyed to Grantee and Co-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, Grantor specifically reserves for Grantor and Grantor's successors and assigns the following uses and activities, which shall be considered permitted uses and activities under the Easement. B. Grantor 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 VI. Page 6 of 36 . I 1111\111\1\ ~IIIIIIIII 1111111111\1111\ 1111111\111 \111 ~~~~7;~." C ty ^ud FIRST AMERICAN TITLE EASE 77.00 Jefferson oun M 1. As used herein, "Agricultural Activities' snail 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, turf, seed, or Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, and all conditions and activities occurring on a farm in connection with such commercial production, including without limitation, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; movement, including without limitation, 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 buildings, fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of stream banks and watercourses. 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 Conservation Values, and that provide supplemental income. Such Accessory Uses may include the installation, construction, expansion, enlargement, maintenance, repair, replacement, or decommissioning of a structure to be used for the marketing of products generated by Agricultural Activities on the Property. 3. All Agricultural Activities shall be carried out in accordance with applicable law and in compliance with the Purpose and terms of this Easement. Grantor retains discretion over the specific character and content of the agricultural management decisions and agricultural practices necessary to identify, protect, preserve, maintain, and conserve in perpetuity and to enhance, restore, or improve the Conservation Values consistent with the Purpose and terms of this Easement. C. Grantor may engage in, and allow others to engage in, Forestry Activities (as defined below) within Forest Area 1 and Forest Area 2, as further provided for and limited in this Section and in Section VI. 1. As used herein, "Forestry Activities" shall mean the production of timber and other forest resource products and all conditions and activities occurring on forest resource lands in connection with such production, for Grantor's personal use or for commercial sales, including without limitation, noise; odors; dust; fumes; operation of machinery; milling of timber harvested on the Property for Grantor's personal use; ground and aerial application of seed, fertilizers, conditioners, and plant protection products; employment and use of labor; roadway movement of equipment and products; protection from damage by wildlife; prevention of trespass; and construction and maintenance of fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of streambanks and watercourses. 2. Grantor may remove trees from portions Of the Property not within Forest Area 1 and Forest Area 2 when required for safety, fire protection, salvage purposes, pest control, disease control, restoration, domestic use, or as necessary to benefit Agricultural Activities. Page 7 of 36 1111111 IIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIII 1111111111111 :.~~ ~f~~ Jefferson County Aud FIRST AMERICAN TITLE ~~~~6f~~~~004:0BP 3. All Forestry Activities shall be carried out in accordance with applicable law, in compliance with the Purpose and terms of this Easement, and in accordance with the Stewardship Plan. D. Grantor may engage in, and allow others to engage in, any activity to monitor, protect, and maintain the Conservation Values and Habitat Values, including without limitation, habitat restoration, enhancement, and management activities ("Habitat Activities"), pursuant to and in accordance with any Stewardship Plan covering the Property agreed upon by the parties to the Stewardship Plan. All Habitat Activities on the Property shall be carried out in accordance with applicable law and in compliance with the Purpose and terms of this Easement. E. Grantor may maintain, repair, replace, or decommission structures, houses, barns, water- pollution-control facilities, water impoundments, fences, corrals, roads, ditches, sloughs, pumps, levees, and other permanent improvements ("Improvements") existing on the Property as of the Effective Date of this Easement, provided that such activities related to existing Improvements are carried out in compliance with the Purpose and terms of this Easement, including the imperviOl,ls surface limitations provided for in Section VI.C. Such Improvements shall include utility systems that support the Improvements such as electric power lines, septic systems, water storage and delivery systems, telephone and communication cable systems and the like. F. Within the two building envelopes shown on Exhibit B herein, Grantor may construct additional Improvements not existing as of the Effective Date of this Easement and may construct expansions or enlargements of Improvements existing on the Property as of the Effective Date of this Easement in compliance with the Purpose and terms of this Easement, subject to the impervious surface limitations and restrictions on new Improvements provided for in Section VI.C and VI.D. G. Grantor reserves the right to use, maintain, repair, reconstruct, expand or replace the two existing single-family dwelling units within the five acre building envelope, as shown on Exhibit B herein, and the right to install, build, or construct, expand, enlarge, maintain, repair, replace, or decommission 1 additional single-family dwelling unit to be located within a two acre building envelope in Forest Area 1, as shown on Exhibit B herein, subject to the impervious surface limitations and restrictions on new Improvements provided for in Section VI.C and VI.D, for the sole purpose of accommodating Grantor and Grantor's successors in interest to the Property, the farm operator, or the families of such persons, or for accommodating agricultural employees of the owner or operator and their families. No more than 3 permanent dwelling units in total will be permitted within the Property under any circumstances, and no permanent dwelling unit may be located outside a building envelope identified herein. Temporary seasonal accommodations for farm workers are not considered to be permanent dwelling units and must be located within the building envelopes identified herein. H. The Parties agree that the Water Right~ must be maintained on the Property to ensure the protection of the Conservation Values and Habitat Values. Grantor may exercise the Water Rights by putting them to any beneficial use that is not inconsistent with the Purpose and terms of this Easement, and that is not prohibited herein. Grantor may maintain, repair, and if destroyed, reconstruct any existing facilities relating to the Water Rights (such as ditches, wells, and reservoirs) with notice to Grantee and Co-Grantee as provided for in Section VII, provided that such activities are carried out in compliance with the Purpose and terms of this Easement. Page 8 of 36 111111I11111111111111II ~~~~;,~ 05/26/2009 04:0BP Jefferson County Aud FIRST AMERICAN TITLE EASE 77.00 I. Grantor 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, 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 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. J. Grantor 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 subject to compulsion of any governmental agency; provided, however, that Grantor shall first reasonably attempt to notify Grantee and Co-Grantee prior to taking such action. If Grantee and Co-Grantee cannot provide consent, with or without conditions, within such time as is reasonable under the circumstances, Grantor may proceed with such action without consent. VI. PROHIBITED USES & RESTRICTION ON PERMITTED USES A. Any use of, or activity on, the Property inconsistent with the Purpose or other terms of the Easement is prohibited, and Grantor acknowledges and agrees that it will not conduct, engage in, or permit any such use or activity. Without limiting the generality of the preceding sentence, the following uses of, or activities on, the Property are either (i) inconsistent with the Conservation Values or Habitat Values and Purpose of this Easement and prohibited herein or (ii) limited as provided herein to make such uses or activities consistent with the Conservation Values, Habitat Values, and Purpose of this Easement: 1. Grantor shall 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. 2. Grantor shall not subdivide the Property, either legally or in a "de facto" manner, 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. 3. Grantor shall 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. Grantor shall not alter the surface of the land, including, without limitation, grading, excavating or removing soil, sand, gravel, rock, stone, aggregate, peat, or sod, unless any such activity is in conjunction with permitted Agricultural Activities, and is accomplished in a manner that is consistent with the Purpose and terms of this Easement and in accordance with the Stewardship Plan. Notwithstanding anything in this Section 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 and in accordance with the Stewardship Plan. 4. Grantor shall not engage in any use or activity that causes or is likely to cause significant soil degradation or erosion or significant pollution of any surface or subsurface waters. Page 9 of 36 111111I111111111111111 ~~~~~~,~ Jefferson County Rud FIRST RMERICRN TITLE ERSE 77.00 5. Grantor shall not establish or maintain a commercial feedlot. 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. However, seasonal confinement of animals raised on the Property and year-round confinement for the commercial production of dairy products on the Property are expressly permitted. Furthermore, nothing in this Section shall prevent Grantor from leasing pasture for the grazing of livestock owned by others. 6. Grantor shall not install, build, or construct commercial signs, billboards, or other improvements for the purpose of advertising nonagricultural activities or products, 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. 7. Grantor may accumulate and store ashes, garbage, or other waste on the Property only if such accumulation occurs in the normal course of domestic or Agricultural Activities on the Property. Long-term accumulation of biodegradable material for composting on-site may occur within areas designated by Grantor with prior notice to and written consent of Grantee. 8. Grantor shall not 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. 9. Grantor shall not engage in, or permit others to engage in, the commercial production of cultivated marine or freshwater aquatic products on the Property. B. Water Riohts. In furtherance of the Purpose of this Easement, Grantor shall cooperate with Grantee to help assure the maintenance of the Water Rights. Except as expressly provided in this section, Grantor shall not transfer, encumber, sell, lease, or otherwise separate the Water Rights from the Property. Grantor shall not abandon, relinquish, or otherwise lose or forfeit, by action or inaction, any of the Water Rights. Grantor 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 said term to automatically renew unless GRANTOR indicates in writing to the RCO, Grantee and co-Grantee not less than sixty (60) days before the term ends his decision to reduce the quantity of water to be placed in the Washington State trust water rights program, all parties understanding that said decision is at the sole discretion of the GRANTOR; or (iii) seeking to lease the Water Rights for use on land other than the Property for a term no Page 10 of 36 111111111/11 ~IIIIIIIIIIIIIIIIIIIII/IIIIIIIIIIIIIIIIIII ~:~~o? ~ Jefferson County Aud FIRST AMERICAN TITLE ~g~~6/~~0~004:08P 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 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 Grantor is unable to take the Water Rights Maintenance Actions and the Water Rights are under threat of abandonment, relinquishment, loss, or forfeiture, Grantor 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 in Jefferson County. Any relinquishment, loss, or forfeiture of the Water Rights shall 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 shall not otherwise impair the validity of this Easement or limit its enforceability in any way. C. Impervious Surfaces Limitation. 1. Definition. 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. 2. Limitation. The total area of the Property covered by Improvements of any kind and Impervious Surfaces shall be limited to no more than two percent (2%) 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 against this total impervious surface limit. The total area covered by gravel shall be subject to this 2% limitation unless Grantor obtains prior consent from Grantee as provided in Section 7 to increase the percentage of total surfaces covered by gravel and other impervious surfaces above the 2% limitation; provided, however, that the total amount of gravel and other impervious surfaces shall never exceed four percent (4%) of the total area of the Protected Property. D. Desianation and Limitations on Buildina Envelope Improvements. 1. Desianation of Buildina Envelopes. There shall be no more than 2 building envelopes within the Property. A portion of Tax Parcel 901 143010, as shown on Exhibit B herein and comprising approximately 5 contiguous acres in area, is designated Building Envelope 1 for Agricultural and Non-Agricultural uses. The specific location of a building envelope within Forest Area 1, not to exceed 2 contiguous acres, may be specified by Grantor for future single-family residential uses ("Building Envelope 2"). 2. Buildina Envelope 1 Improvements for Aaricultural Activities. For all Agricultural Activities within Building Envelope 1, as shown on Exhibit B herein, Grantor may expand or enlarge Improvements existing on the Property as of the Effective Date of this Easement Page 11 of 36 1111111111111111111111111/1111111 11111/1111 ~~~~ o? ~ Jefferson County Aud FIRST AMERICAN TITLE ~~~~6/~~0~004:08P and may install, build, or construct, expand, enlarge, maintain, repair, replace, or decommission Improvements not existing as of the Effective Date of this Easement 3. Buildino Envelope 1 Improvements for Nonaoricultural Activities. For personal and domestic uses and activities and other nonagricultural activities within Building Envelope 1, including without limitation, Grantor's business activities existing as of the Effective Date of this Easement, Grantor may expand or enlarge Improvements existing on the Property as of the Effective Date of this Easement. Grantor may install, build, or construct, expand, enlarge, maintain, repair, replace, or decommission Improvements not existing as of the Effective Date of this Easement if Grantor provides Grantee advance written notice of the proposed Improvements and consent is given by Grantee for such Improvements as provided for in Section 7; provided, however, that the following shall require notice but shall not require consent: wind, solar, or other alternative energy installations within Building Envelope 1, which 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 Building Envelope 1 for the production of wind, solar, or other alternative source of energy. 4. Buildino Envelope 2 Improvements for Sinale-Familv Residential Uses. For personal and domestic uses and activities within Building Envelope 2 (within Forest Area 1, as shown on Exhibit B herein), Grantor may install, build or construct, expand, enlarge, maintain, repair, replace, or decommission Improvements not existing as of the Effective Date of this Easement if Grantor provides Grantee advance written notice of the proposed Improvements and consent is given by Grantee for such Improvements as provided for in Section VII; provided, however, that the following shall require notice but shall not require consent: wind, solar, or other alternative energy installations within Building Envelope 2, which 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 Building Envelope 2 for the production of wind, solar, or other alternative source of energy. E. Limitations on New Improvements Outside the Buildino Envelopes. 1. Outside the Building Envelopes, Grantor shall 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 VII and such Improvements are either (a) Temporary in nature (present on the Protected Property for Page 12 of 36 111111I111111111111111 ~:6~~~'~'~ Jefferson County Rud FIRST RMERICRN TITLE ERSE 77.00 less than one year); or (b) Reasonably necessary for Agricultural Activities (excluding Accessory Uses) in compliance with the total impervious surface limit of Section VI.C; provided, however, that Grantor may expand or enlarge Minor Agricultural Improvements without providing such notice or receiving such consent. 2. Nonagricultural Accessory Uses shall not be located outside the Building Envelopes and shall not otherwise convert more than one acre of agricultural land to nonagricultural uses. 3. Alternative Energy Production. Grantor may install, build, or construct Improvements for alternative energy production (micro-hydro, micro-wind, or micro-solar power) exclusively for generating energy for the permitted uses on the Property with advance written notice to and consent of Grantee for such Improvements as provided for in Section VII. F. No Compensatory MitiQation. 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 Grantor on the Property ("Compensatory Mitigation") is prohibited on the Property. Compensatory Mitigation includes without limitation, mitigation banking, conservation banking, and any other sale or exchange of mitigation credits based on the creation, restoration, enhancement, or preservation of such natural resources within the Property. G. Compliance with Reaulatory Reauirements. Grantor 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. H. Limitation on Transfers. 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. 2. Except as provided in SectionVI.H.3, Grantor shall not undertake or permit any Transfer of any rights in the Protected Property without prior notice to and consent of Grantee as provided for in'Section VII; provided, however, that such consent shall not be withheld unless Grantee determines that the proposed Transfer would be inconsistent with the Purpose and terms of this Easement. 3. The following shall require notice to but shall not require consent of Grantee: (a) Any mortgage, deed of trust, or similar doc;ument providing security for an indebtedness of Grantor, provided that such security interest shall be subject and subordinate to this Easement; (b) leases for telecommunications installations or wind energy installations within the Building Envelopes, as provided for in Section VI.D.3; (c) temporary transfers or leases of the Water Rights pursuant to Section VI.B; or (d) any gift, bargain, sale, or devise of fee simple absolute title to the Protected Property. VII. NOTICE & CONSENT A. Certain provisions of this Easement require Grantee to give notice to Grantor prior to undertaking certain activities. Whenever such notice is required, and no other timeline for notice Page 13 of 36 IIIIIIIIIIIIIIIIIIIIIIIIII~I ~IIIIIIIIIIIIII'IIIIIIIII ~~ :.: ~ Jefferson County Aud FIRST AMERICAN TITLE ~~~~6/~~0~004:08P is set forth elsewhere in this'Easement, Grantee shall provide such notice in writing not less than 30 days prior to the date Grantee intends to undertake the use or activity in question. Grantee shall provide a copy of any such notice to Co-Grantee and RCO concurrently with notice to Grantor. B. Certain provisions of this Easement require Grantor to give notice to Grantee prior to undertaking certain permitted uses and activities (e.g., Sections V.H; V.J; VI.A.3; VI.D.3; VI.D.4; VI.E.1; VI.H.2; VI.H.3; VIII.B; XIII.A; XIII.B, and all other sections requiring notice). The purpose of requiring Grantor 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, Grantor shall provide such notice in writing not less than 90 days prior to the date Grantor intends to undertake the use or activity in question. The notice shall describe 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 terms of this Easement and the Purpose thereof. Upon receipt of such notice, Grantee shall immediately forward a copy to Co-Grantee and RCO. C. Wherever in this Easement Grantee's consent is required, such consent is also required of Co-Grantee and RCO. D. Wherever in this Easement a Party's or RCO'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. E. Wherever in this Easement Grantor'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: 1. Where consent by Grantor is required under this Easement, Grantor shall grant or withhold its consent within 60 days of receipt of a written request for consent; 2. Where consent by Grantee is required under this Easement, Grantee shall grant or withhold its consent within 60 days of receipt of a written request for consent; 3. Where consent by Co-Grantee is required under this Easement, Co-Grantee shall grant or withhold its consent within 30 days of receipt of Grantee's written decision to grant or withhold consent or within 90 days of receipt of Grantor's written request for consent, whichever comes later; or 4. Where consent by RCO is required under this Easement, RCO shall grant or withhold its consent within 30 days of receipt of Grantee's written decision to grant or withhold consent or within 90 days of receipt of Grantor's written request for consent, whichever comes later. F. 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 VII, the party requesting consent may conclusively assume the other party's consent of the proposed action, use, or Page 14 of 36 1111 ~IIIII UII~1I111 ~ III/II ~I ~~.~~o~ ~ OS/26/2009 04:08P Jefferson County Aud FIRST AMERICAN TITLE EASE 77.00 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 Co-Grantee's or RCO's rights under this Easement with respect to any future proposed action, use, or activity. G. If Grantor is unsure whether a proposed use or activity is prohibited by this Easement, Grantor 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 Grantor. This Section VII.G does not itself impose a requirement of prior consent of the activity described in any such notice. H. 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 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 Grantor: Kirk Salvatore 431 Center Road Chimacum W A 98325 Telephone: (360) 732-4323 To Grantee: Jefferson County Environmental Health Director 615 Sheridan Street Port Townsend WA 98368 Telephone: 360/385-9444 Fax:360/379~87 To Co-Grantee: Jefferson Land Trust 1033 Lawrence Street Port Townsend W A 98368 Telephone: (360) 379-9501 FAX: (360) 379-9897 To RCO: RCO Director 1111Washington St SE PO Box 40917 Olympia, WA 98504-0917 Telephone: (360) 902-3000 FAX: (360) 902-3026 Page 15 of 36 111111111111 I1I1I1I 1111111111 IIIIII~IIIII 111111 1111111 :.~~ :.; ~ Jefferson County Aud FIRST AMERIC^N TIT OS/26/2009 04:08P .... LE EASE 77.00 VIII. DISPUTE RESOLUTION, VIOLATION, CORRECTIVE ACTION & REMEDIES A. Preventive Discussions. Grantor, Grantee, and Co-Grantee will promptly give the other Parties notice of problems or concerns arising in ,connection with the others' actions under this Easement or the use of or activities or conditions on the Property, and will meet as needed, but no later than 15 business days after receipt of a written request for a meeting, to discuss and minimize the problems or concerns. Grantee shall invite RCO to such preventive discussion meetings provided for in this Section VIII. B. 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 RCO, and if Grantor agrees not to proceed with the use or activity pending resolution of the dispute, Grantor, Grantee, or Co-Grantee may refer the dispute to mediation by request made in writing upon the other and with notice to RCO (who has full discretion to participate or not to participate in the mediation). Within 10 business days of the receipt of such a request, the parties to the mediation ("Mediation Parties") shall select a single impartial mediator. Mediation shall then proceed in accordance with the following guidelines: 1. 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. 2. 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. 3. 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).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. 4. 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. Page 16 of 36 111111I11111111I111111 :~~~;0~ "p Jefferson County Rud FIRST RMERICRN TITLE ERSE 77.00 C. Arbitration. The Parties and RCO may by mutual agreement submit disputed matters to arbitration upon such rules of arbitration as Grantor, Grantee, and RCO may agree IX. GRANTEE'S AND CO-GRANTEE'S REMEDIES A. Notice of Non-Compliance. If Grantee or Co-Grantee determines that Grantor is in violation of the terms of this Easement or that a violation is likely to occur, Grantee or Co-Grantee shall give written notice to Grantor 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 and Co-Grantee have given consent. B. Grantor's Failure to Respond. Grantee or Co-Grantee may bring an action as provided in Section IX.C if Grantor: 1. Fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee or Co-Grantee; 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 3. Fails to continue diligently to cure such violation until finally cured. C. Grantee's or Co-Grantee's Action. Grantee or Co-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 Conservation Values or Habitat Values protected by this Easement, including damages for the loss of the 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 Grantor's liability therefore, Grantee or Co-Grantee, in their sole and absolute discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property; provided, however, that Co-Grantee shall obtain Grantee's and RCO's consent before applying any such damages. All such actions for injunctive relief may be taken without Grantee or Co-Grantee being required to post bond or provide other security. D. Immediate Action Required. Notwithstanding any other provision of this Easement, if Grantee or Co-Grantee, in their sole and absolute discretion, determine that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values and/or Habitat Values, Grantee or Co-Grantee may pursue their remedies under this Section IX without prior notice to Grantor, without participation in dispute resolution as provided for in Section VIII, or without waiting for the period provided for cure to expire. E. Nature of Remedv. Grantee's and Co-Grantee's rights under this Section IX apply equally in the event of either actual or threatened violations of the terms of this Easement. Grantor agrees that Grantee's and Co-Grantee's remedies at law for any violation of the terms of this Easement are inadequate, and that Grantee and Co-Grantee shall be entitled to the injunctive relief described in this Section IX both prohibitive and mandatory, in addition to such other relief to which Grantee and Co-Grantee may be entitled, including specific performance of the terms of Page 17 of 36 111111I1111111111111I ~~~~;,~ '" Jefferson County Aud FIRST AMERICAN TITLE EASE 77.00 this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's and Co-Grantee's remedies described in this Section IX shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. The provisions of Section IX.F shall not be interpreted to preclude Grantee or Co-Grantee from obtaining injunctive relief. F. Damaaes. Inasmuch as the actual damages to the 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 and/or Co- Grantee are entitled to recover from Grantor shall be, at Grantee's election, the higher of (i) the amount of economic gain realized by Grantor from violating the terms of the Easement or (ii) the cost of restoring any Conservation Values and/or Habitat Values that have been damaged by such violation. In the event Grantee or Co-Grantee chooses the second of these two measures, Grantor agrees to allow Grantee, Co-Grantee, their agents or contractors to enter upon the Property and conduct restoration activities. G. Costs of Enforcement. In the event Grantor, Grantee, or Co-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. . H. Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of the Grantee and Co-Grantee, and any forbearance by Grantee or Co-Grantee to exercise its rights under this Easement in the event of any breach of any terms of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee or Co-Grantee of such term or of any of Grantee's or Co-Grantee's rights under this Easement. No delay or omission by Grantee or Co-Grantee in the exercise of any right or remedy upon any breach by Grantors shall impair such right or remedy or be construed as a waiver. I. Waiver of Certain Defenses. Grantor 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, Grantor hereby waives any claim it may have against Grantee, Co-Grantee, or their 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, Grantor 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 or Co-Grantee for any breach by Grantee or Co-Grantee of the terms of this Easement. J. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee or Co-Grantee to, bring any action against Grantor 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 Grantor's control, including, without limitation, natural disaster, fire, flood, storm, pest infestation, earth movement, and climate change, and from any prudent action taken by Grantor 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 Grantor has not Page 18 of 36 IIIIIIIIIIIIIIIIIIIII~I ~IIIIIIIIIIIIIIII ~;~:o?~ J ff OS/26/2009 04:08P e erson County Rud FIRST RMERICRN TITLE ERSE 77.00 undertaken suit itself, Grantor agrees, at Grantee's and Co-Grantee's option, to assign its right of action to Grantee and Co-Grantee or to appoint Grantee and Co-Grantee its attorneys in fact for purposes of pursuing enforcement action against the responsible parties. K. Compliance Certificates. Upon request by Grantor, Grantee and Co-Grantee shall, as soon as possible and no later than 30 days after receipt of such request, execute and deliver to Grantor any document, including an estoppel certificate, which certifies, to the best of Grantee's and Co-Grantee's knowledge, Grantor's compliance or lack thereof with any obligation of Grantor contained in this Easement and otherwise evidences the status of this Easement as requested by Grantor. Such certification shall be limited to the condition of the Property as of Grantee's and Co-Grantee's most recent inspection. If Grantor requests more current documentation, Grantee or Co-Grantee shall conduct an inspection, at Grantor's expense, within 45 days of receipt of Grantor's written request and payment therefore. RCO shall not be estopped from claiming or enforcing a violation of this Easement unless RCO has also executed the Compliance Certificate. X. LIABILITIES, TAXES & ENVIRONMENTAL COMPLIANCE A. Liabilities and Insurance. Grantor retains all responsibilities and shall bear all costs and liabilities of anykind 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 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 Grantor or Grantee. Grantor 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. Grantor shall keep the Property free of any liens arising out of any work performed for, material furnished to, or obligations incurred by Grantor; provided that the Property shall be deemed to be free of such liens if (1) Grantor or Grantee, as the case may be, is diligently challenging the application of such liens to the Property; or (2) such liens are subordinated to this Easement and do not require any action or inaction inconsistent with the Purpose and terms of this Easement. B. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and 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. C. Liabilitv. 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. D. Representations and Warranties. Grantor represents and warrants that, after reasonable investigation and to the best of Grantor's knowledge: Page 19 of 36 111111I111111111111111 ::6~~;'~'" Jefferson County Aud FIRST AMERICAN TITLE EASE 77.00 1. Grantor and the Property are in compliance with a!1 federal, state, and local laws, regulations, and requirements applicable to the Property and its use; 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 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; 3. Neither Grantor nor Grantor'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. 9 9601 et seq.) or state Model Toxics Control Act (RCW 70.105D.010 et seq.) ("MTCA") sites; and 4. There is no pending or threatened litigation affecting the Property or any portion of the Property that will materially impair the Conservation Values or Habitat Values of any portion of the Property. No civil or criminal proceedings have been instigated or are pending against Grantor or its predecessors by government agencies or third parties arising out of alleged violations of environmental laws, and neither Grantor 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. E. Remediation. If, at any time, there occurs, or has occurred, a Release in, on, or about the Property of a Hazardous Substance, Grantor 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 Grantor in compelling third parties to contain and remediate any such Release. F. 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, Co-Grantee, or RCO to exercise physical or managerial control over the day-to-day operations of the Property, or any of Grantor'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"). XI. SUBSEQUENT TRANSFER OR EXTINGUISHMENT A. Extinouishment. 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. 2. In granting this Easement, Grantor 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 Grantor and Grantee that such circumstances shall not justify the termination or extinguishment of this Easement. Grantor's inability to carry Page 20 of 36 11I1~llIllllIllllllIllIm ~IIIIIIIIIIIIIIIIIIIII :;~~o~ ~ Jefferson County Aud FIRST AMERICAN TITLE ~~~~6f~~0~004:08P 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. 3. The amount of the proceeds to which Grantee and RCO 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 X1.3. Grantee shall use all such proceeds for the acquisition of property interests 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 the same or substantially equivalent rights as provided for in this Easement. B. Condemnation. If the Easement is taken, in the whole or in the part, by the exercise of the power of eminent domain, Grantee and RCO shall be entitled to compensation in accordance with Section XI.C, for the value of the Easement taken; and the Grantor 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 XI.C. violates applicable law, then the proceeds to Grantor, 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 its respective share of the proceeds pursuant to Section XI.D as soon as is practicable. C. Valuation. 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 (minus any increase in value attributable to improvements on the Property), 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. 2. For purposes of this Section, the Parties agree that the ratio of the value of the Easement to the value of Grantor's property unencumbered by the Easement is evidenced by the following: (a) real property appraisal prepared by John V. Halberg, MAl, and Greg V. Halberg, Halberg Pacific Appraisal Service, dated March 7, 2007, as supplemented October 1, 2007; (b) appraisal review by James R. Nowadnick, MAl, CRE, Property Counselors, dated January 21,2008; and (c) settlement offer approved by RCO by letter dated May 27,2008; all of said documents are on file with Co-Grantee. This ratio is 0.567 and shall remain constant. D. Distribution of Proceeds. In the event of extinguishment of this Easement pursuant to Section XI.A, condemnation of this Easement pursuant to Section XI.B, or damages received by Grantor in an amount equal to the fair market value of this Easement pursuant to Section IX.D, any proceeds attributable to the value of the Easement shall be distributed as follows: RCO is entitled to 50%; Jefferson County is entitled to 21 %; and Jefferson Land Trust is entitled to 29% of any such proceeds. Page 21 of 36 111111I1111111111I1111111 :;~~?? J ff 05/26/2009 04.08P e erson County Aud FIRST AMERICAN TITLE EASE 77.00 . E. Subseauent Transfers. Grantor 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. Grantor further agrees to give written notice to the Grantee 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 the Grantor to perform any act required by this Section XI shall not impair the validity of this Easement or limit its enforceability in any way. XII. AMENDMENT If circumstances arise under which an amendment to or modification of this Easement would be appropriate, the Parties are free to jointly amend this Easement provided that the Parties first obtain the written consent of RCO. Any such amendment shall be consistent with the Purpose of this Easement, shall not affect the qualification of this Easement or the status of Grantee or Co-Grantee under any applicable laws, shall not shorten the duration of this Easement and shall be recorded in the official records of Jefferson County, Washington, and any other jurisdiction in which such recording is required. XIII. ASSIGNMENT A. Assianment of 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.farmlands preservation account under RCW 79A.15.130. Grantee shall not assign this Easement without notice to and consent of Grantor and RCO, which consent shall not be unreasonably withheld. As conditions of such transfer, Grantee shall require that assignee (1) continue to carry out the Purpose of this Easement and (2) comply with the terms of the RCO Grant Agreement, as described in Section XIV. Grantee shall notify Grantor in writing, at Grantor'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. B. Assianment of Co-Grantee's Interest. Co-Grantee's interest in this Easement is transferable, but Co-Grantee may assign its rights and obligations under this Easement only to an organization that is a Washington nonprofit nature conservancy corporation or association authorized to acquire and hold conservation easement interests under RCW 64.04.130 and RCW 84.34.210, as amended. Co-Grantee shall not assign this Easement without notice to and consent of RCO, which consent shall not be unreasonably withheld. As conditions of such transfer, Co-Grantee shall require that assignee (1) continue to carry out the Purpose of this Easement and (2) comply with the terms of the RCO Grant Agreement, as described in Section XIV. Co-Grantee shall notify Grantor in writing, at Grantor's last known address, in advance of such assignment. The assignment shall not be valid without such notice; provided, however, that the failure of Co-Grantee to give such notice shall not impair the validity of this Easement or limit its enforceability in any way. Page 22 of 36 111111I11111111I111111 ~:6~~~'~'" Jefferson County Aud FIRST AMERICAN TITLE EASE 77.00 C. Riqhts and Obliqations 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. D. Succession. If at any time it becomes impossible for Grantee to ensure compliance with the covenants contained herein and Grantee has not named a successor organization, or the Grantee shall cease to exist, then Grantee's rights and duties hereunder shall become vested and fall upon RCO, who may then assign Grantee's rights and duties hereunder to an organization with a similar mission to that of Grantee. XIV. RCO THIRD PARTY RIGHT OF ENFORCEMENT A. 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, Grantee, and Co-Grantee each have independent authority to enforce the terms of this Easement; provided, however, that RCO expects that Grantee and Co-Grantee shall have primary responsibility for monitoring and enforcement of the Easement. In the event that RCO, Grantee, and/or Co-Grantee do not agree as to whether Grantor is complying with the terms of the easement, RCO, Grantee, and/or Co-Grantee may proceed with enforcement actions without the consent of the other(s). If RCO elects to enforce the terms of this Easement, it shall first follow the dispute resolution process and remedies described in Sections VIII and VX above; provided, however, that RCO shall not be obligated to repeat any non-judicial dispute resolution steps already taken by Grantee or Co-Grantee. B. 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. C. 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 (1) an amount equal to the fair market value of this Easement, which shall be determined as provided in Section XI.C and distributed as provided in Section XI.D; or (2) 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. D. In the event that the Property is used by Grantor 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 Grantor pay to RCO, at RCO's election, the higher of (1) an amount equal to the fair market value of this Easement, which shall be determined as provided in Section XI.C and distributed as provided in Section XI.D; or (2) 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 Grantor for enforcement of this Easement or restoration of the Conservation Values pursuant to Section IX shall be deducted from this amount. RCO agrees that it will follow the dispute resolution process and remedies described in Sections VIII and IX before exercising this right, unless legallycompelleo to do otherwise. Any amounts due and owing ReO under this Page 23 of 36 IIII~IIIIIIIIIIIIIIIIIIII~IIIIIIIIIII ~IIIIIIIIIIIII ~~:4o~ ~ J ff C OS/26/200904:08P e erson ounty Aud FIRST AMERICAN TITLE EASE 77.00 paragraph shall be due and owing within 120 days of receiving a written demand for repayment by RCO. Upon Grantor's repayment of such amount to RCO, Grantee and RCO agree to prepare and record a deed amendment to release Grantor from any further obligations to RCO or Grantee under this Easement. XV. JOINT ENFORCEMENT A. Before Grantee, Co-Grantee, or RCO exercises its rights to undertake mediation, arbitration or legal action as provided for in Sections VIII and IX, the party contemplating such action agreel;) 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, Co-Grantee, or RCO to exercise its enforcement and other rights under this Easement. If Grantee, Co-Grantee, and/or RCO decide(s) to join in the 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. B. If Grantee, Co-Grantee, or RCO chooses not to undertake mediation, arbitration or legal action as provided for in Sections VIII and IX, 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 XI.D 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. XVI. 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. XVII. NO MERGER A. In the event that Grantee or Co-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 or Co-Grantee, become and remain permanent and perpetual restrictions on the use of the Property. Grantee and Co-Grantee covenant 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 XIII. Page 24 of 36 IIIII~ 11111 111111111111111111111111111111 1111111111111 :.~:4o? ~ Jefferson County Aud FIRST AMERIC^N TIT 05/26/2009 04:08P ... LE EASE 77,00 XVIII. GENERAL PROVISIONS A. Effective Date. The Effective Date of this Easement shall be the date on which the Grantor executed this Easement. B. Governina 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, Grantor 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 Jefferson County or Thurston County. C. 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. D. Severability. 1. Except as provided in Section XVIII.D.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. 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. E. Entire Aareement. 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 XII. F. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. G. "Grantor" - "Grantee". The terms "Grantor," "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 Grantor and its successors and assigns, the above-named Grantee and its successors and assigns, and the above-named Co-Grantee and its successors and assigns. The term "Grantor" 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. Page 25 of 36 1111111111111I11111111111111 ~~.~~ o~ ~ OS/26/2009 04:08P Jefferson County Aud FIRST AMERICAN TITLE EASE 77.00 H. 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. I. 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. J. Counterparts. The Parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by all 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. K. Authoritv. 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. L. Recitals. The Parties agree that the terms and recitals set forth in Section I (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 I is fully incorporated into this Easement. SCHEDULE OF EXHIBITS Exhibit A. Exhibit B. Exhibit C. Exhibit D. Legal Description of Property Site Map. Water Rights. Permitted Exceptions. REMAINDER OF PAGE IS INTENTIONALLY BLANK Page 26 of 36 111111I11111111I111111 ~:6~~;; "p Jefferson County Rud FIRST RMERICRN TITLE ERSE 77,00 TO HAVE AND TO HOLD unto Grantee. Co-Grantee, their respective successors, and assigns forever. Approved as to form: ~~ ~dh c ""',' f;bi ", / wm::)'t.~ Office of the Attorney General 4i:) ~~. ~Ct:F1 Date GRANTOR: L~~,~ Kirk Charles Salvatore GRANTEE: JEFFERSON COUNTY, a political subdivision of the State of Washington. does hereby accept the abov gricultural Conservation Easement By: / f\.';)pro~''''''d as to .corm (">.,(,1,7' ,;1 .~ i . .' J 1 i . \.;4.llJ ~ , . a ~) I }t}9 J0ffcrson Co. Prosecutor's liice; Ch CO-GRANTEE: JEFFERSON LAND TRUST, a Washington nonprofit corporation, does hereby accept the above Agricultural Conservation Easement By: () \ I.. J'V__ ~h. &'\ "'-..Lr\...... p Y' e.. s \'~t...--. +- Owen airbank. President By: !Jane Souzon, S I j '-/ THIRD PARTY BENEFICIARY: , STATE OF WASHINGTON, BY AND THROUGH THE RECREATION AND CONSERVATION OFFICE, does hereby accept the above Agricultural Conservation Easement By: Page 27 of 36 STATE OF WASHINGTON 111111I11I111111I111111 ~.~~? ~ OS/26/2009 04:08P Jefferson County Aud FIRST AMERICAN TITLE EASE 77.00 COUNTY OF JEFFERSON ) ) 55. ) On this '30-+ ':J day of Mv") \. ,2009, before me personally appeared KIRK CHARLES SALVATORE, to me known to be the Grantor that executed the within and foregoing i~trument, and h> acknowledged that the instrument was signed as his free and voluntary cf as Grantor for e uses and purposes therein mentioned. Nota signa re t~2~(1C1-P ~: W c( ~ NOfary name printed or typed NO~~RY PU-tlf' Statepf W,VfJ~bif)gtpn ", Residing at: . -t L Lt..CJtt U~ ~\\\\\Un""11111. ~~'\~,...C'E J. i"~ ~ CO' ........ itA ~ ~ ... ... ,,~ ~ ~ ,JI T .V~ ;:: Iii' ~o ~b.. ~ ;::: "TL\ '::: -,~ "i- ~ tn i-"'-~I: ~ S-4\. : S ~~... (fauG ..~;;:: ~ ~ ... .... t-.,O ~ ~ o/:'..........~e ~ ~/I. WAS,"," ~\\~ "IIIIIIIIIII\\\\\'~ Nota~alure \, '-e~ ~'-e L l~<J~w,,~ Notary name printed or typed NOTARY ~"..,',L,Ie:", ,~ShinglOn ReSiding a . './' / ) ) 55. ) On this 62 9 t:'-- day Of(\.{) \\ \ ,2009, before me personally appeared OWEN FAIRBANK and ~ANE SOUZON,.lo me known to be the President and Secretary, respectively, of JEFFERSON LAND TRUST, a Washington nonprofit corporation, and they acknowledged the within and foregoing instrument as the free and voluntary act and deed of saiceorp tion, for the uses and purposes therein mentioned, and on oath stated that they are aulh~ 0 sign said ins! \~ :\ Board of Directors O\,f"~a,,,idl corporation. . W \~ :\\,\\ III/ ~,,\ V. t N E ~ :t//~ ~ ............... ~ L ~ ~ ", No ,~~ ~ ~I e,;, '"., ,c ~ ::: ""'f! ..... ., ~:: :: m i ...~ "17."" m:: - .'- - - ~ 0 ~ ....... ~ - :: ~ O'l\ \. l,_ ~ .;::;,L... '" ~~ 'Z rV'''1 .... :~ ~ ~/. SH'NG~O~'~ /111/111111 1\ n""\'" COUNTY OF JEFFERSON STATE OF WASHINGTON Page 28 of 36 llff~!!!111 1111" IIIIIUIII 111111111111111111111111 :;:4o? ~ n County Aud FIRST AMERICAN TITLE OS/26/2009 04:08P ) ~~ n,oo } 55. COUNTY OF JEFFERSON ) On this . J I '!!<- day of '7J! ~' 2009, before me personally appeared DAVID SULLIVAN, to me known to be the Chai an of The Board of County Commissioners of Jefferson County, a political subdivision of the State of Washington, and he acknowledged the within and foregoing instrument as the free and voluntary act and deed of said party, for the uses and purposes therein mentioned, and on oath stated that he is authorized to sign said instrument by the Board of Commissioners of said party. d cY7Af~ t::I V)~~ Notary signature '0- Le RN Ft J....:O eL-flN t3Y Notary name printed or typed NOTARY PUBLIC, State of WaShing~ Residing at: Jt><S>R.~O . ~:J~ . ~ ;).01/ STATE OF WASHINGTON STATE OF WASHINGTON ) ) 55. COUNTY OF THURSTON ) ~""~'\\'''''t ~ 9"M:Io " S' ~"i' """,""""" ~::. '~\' \ =- " .:1':< .Ot-9 ""t ' \ Ii f 'v~,~."., ,-- I \ \Yc\\:~,~~)"l -~ Si,t,;!. ~,~ .. ,~ "'l\"\\~"'<,.;::-':::- . 'I", 9a ,'"', ~.$" ,."\\\\\"",, I certify that I know or have satisfactory evidence that Kaleen Cottingham 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 Director of the Recreation and Conservation Office to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Clp0 ).-r I ?o04- /b;;uctCL IH~ Notary Public . Print Name r~LIA 8 DAv\S My commission expires J~uh ')-4-) ;,..0 I d- (Use this space for notarial stamp/seal) REMAINDER OF PAGE IS INTENTIONALLY BLANK Page 29 of 36 1111111111111111111111 ~~,~~?: 0512612009 04:08P Jefferson County Aud FIRST AMERICAN TITLE EASE 77,00 Escrow No.: 48067SR EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The Southeast Y4 and all that part of Government Lot 1 and the Southeast Y4 ofthe Southwest Y41ying East of the Chimacum-Quilcene County Road, all being in Section 14, Township 29 North, Range 1 West, W.M.; EXCEPTING THEREFROM that portion thereof condemned for a right-of-way for a drainage canal of drainage District No.1, over a strip of land 40 feet in width, the center line of which begins at a point in the North line ofthe Southeast Y4 of said Section 14 distant 1,183.4 feet West of the Northeast comer thereof; thence South 22035' East 2,067.8 feet; thence on a 120 curve to the right, 542.1 feet, subtending an angle of 65003'; thence on a 120 curve to the left 290.6 feet, subtending an angle of 34052 Y2' to a point in the line between Sections 14 and 23,524.3 feet West of the comer to Sections 13, 14,23 and 24 in said township and range; and EXCEPTING THEREFROM that portion conveyed to Jefferson County under Auditor's File No. 65154 in Volume 98 of Deeds, page 612, records of Jefferson County, Washington; EXCEPTING THEREFROM Ole Torkelson Road per Volume D of Commissioner's Journal, page 44, records of Jefferson County, Washington, and as described in deed to Jefferson County recorded January 20, 1953 in Volume 135 of Deeds, page 70. Situate in the County of Jefferson, State of Washington Page 30 of 36 111111I111111111111111 ~~~~;;.~ Jefferson County Rud FIRST RMERICRN TITLE ERSE 77.00 EXHIBIT B SITE MAP ,'...,..., .,...-,..,..._. - a <J ... ~ t ~ i C; ~ 0"' 52 "-' T ::r ~i II jl f m o o l'(\ :::r - o V lilt i ~l; iPi~ I ~~,1:, .JII!U) - i: .., "-l ~ I .1 6 e II a I II ~ ~+., l! · ~ f I ;ii,' ~! ,,8:1 ~ Q D~ I ~~ I I l ~ 3. l~ .., Page 31 of 36 IIUIIIIII~ IIIIIIIIIIIII~II ~~ 1I111~ IIIIII~IIIII ~~~ o~: Jefferson County Aud FIRST AMERICAN TITLE ~~~~6/~~~~004:08P EXHIBIT C WATER RIGHTS Water Right Certificate Record No.6, Page No. 2666, Jefferson County, Washington. The certificate captures a right to the use of the waters of East Fork Chimacum Creek, with point(s) of diversion within the SE 'l.4 of the SE 'l.4, Section 14, Township 29 North, Range 1 West, W.M., for the purpose of irrigation under Appropriation Permit No. 3854, entered of record in Volume 6, at Page 2666, on the 31st of December, 1946, and rights confirmed from June 5, 1944. The amount of water entitled by the certificate is 0.6 cubic foot per second for irrigation of 70 acres for specified land within the above referenced Section 14. Page 32 of 36 IIIIIIIII~ IIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIII :;~~o~ ~ J ff 05/26/2009 04.08P e erson County Aud FIRST AMERICAN TITLE EASE 77.00 . EXHIBIT D PERMITTED EXCEPTIONS 1. General Taxes. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Year: 2009 Amount Billed: $29.16 Amount Paid: $0.00 Amount Due: $29.16, plus interest and penalty, if delinquent Tax Account No.: 901 143009 Assessed value: $74,860.00 Affects: Tax 33 General Taxes. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Year: 2009 Amount Billed: $16.50 Amount Paid: $0.00 Amount Due: $16.50, plus interest and penalty, if delinquent Tax Account No.: 901 143010 Assessed value: $77,380.00 Affects: Tax 34 Delinquent General Taxes. Year: 2008 Amount Billed: $1,429.04 Amount Paid: $714.52 Amount Due: $714.52, plus interest and penalty Tax Account No.: 901 144001 Affects: SE (Less Ptns lying SW'ly/Ole Torkelson Road & NE'lyIBeaver Valley Road General Taxes. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Year: 2009 Amount Billed: $1,354.58 Amount Paid: $0.00 Amount Due: $1,354.58, plus interest and penalty, if delinquent Tax Account No.: 901 144001 Assessed value: $627,155.00 Affects: BE (Less Ptns lying SW'ly/Ole Torkelson Road & NE'lyIBeaver Valley Road LPB General Taxes. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31 st. Year: 2009 Amount Billed: $29.58 Amount Paid: $0.00 Page 33 of 36 I ~IIIIIII~ 1111111111111111111111111111111111111111111 ~~~:o?~ Jefferson County Aud FIRST AMERICAN TITLE ~~~~6f~~0~004:08P Amount Due: $29.58, plus interest and penalty, if delinquent Tax Account No.: 901 144002 Assessed value: $73,915.00 Affects: SE (Lying SW'ly of Torkelson Road) General Taxes. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Year: 2009 Amount Billed: $2.38 Amount Paid: $0.00 Amount Due: $2.38, plus interest and penalty, if delinquent Tax Account No.: 901 144 003 Assessed value: $26,300.00 Affects: SE (Lying NE'ly of Beaver Valley Rd) SubjlRW #83368 2. The lands described herein have been classified as Open Space 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. Recording No.: 251168 and 383612 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. 3. The lands described herein have been classified on the tax rolls as forest land pursuant to RCW 84.33, and the timber located thereon is not taxed as real property but will be subject to collection of a tax upon harvesting hereof. In the event that said property is removed from its present designation as forest land it may become liable to assessment of a compensating tax for prior years. Any sale or transfer of said property required completion of an application and submission to the county assessor within 60 days of such sale requesting that the classification be continued. 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. LPB 4. Easement, including terms and provisions contained therein: Disclosed By: Superior Court verdict for benefits entered July 10, 1920 in Cause No. 3193 For: Chimacum Drainage Ditch Affects: Portions of the SE 1/4 Page 34 of 36 111111I1111111111 ~I II ~:6~~;'~'~ Jefferson County Aud FIRST AMERICAN TITLE EASE 77.00 5. An easement for a County Road as established by order of the County Commissioner's of Jefferson County, Washington dated August 5, 1884 and entered in Volume "0" of Commissioner's proceedings on pages 8 to 13 inclusive, as disclosed by deed recorded October 18, 1949 under Auditor's File No. 119513. 6. An easement for a County Road thirty feet in width as established by order of the County Commissioner's of Jefferson County, Washington dated February 2, 1885 and entered in Volume "0" of Commissioner's proceedings on page 44, as disclosed by deed recorded October 18, 1949 under Auditor's File No. 119513. 7. A right of way for permanent Highway 4-E Extension as more fully described in a waiver of claim for damages and consent to locate road, dated December 26, 1922, and recorded in Volume 1 of Road Waivers of Jefferson County records, on page 240. 8. Easement, including terms and provisions contained therein: Recorded: December 23, 1927 Recording No.: Volume 95 page 156 also recorded May 1, 1928 in Volume 95 page 393 In favor of: Puget Sound Power and Light Company, a Washington corporation For: Electric transmission and/or distribution system Affects: Premises 9. Right to make necessary slopes for cuts or fills upon said premises for Center Road as granted by deed recorded March 20, 1958 under Recording No. 156954. 10. Easement, including terms and provisions contained therein: Recorded: December 14, 1982 Recording No.: 281386 In favor of: Puget Sound Power and Light Company, a Washington corporation For: Electric transmission and/or distribution system 11. Notice to Title and the Terms and Conditions thereof: Recorded: February 24, 1993 Recording No.: 357699 Regarding: Lack of final inspection of addition to living room 12. Easement, including terms and provisions contained therein: Recorded: May 27, 1994 Recording No.: 372269 In favor of: Puget Sound Power and Light Company, a Washington corporation For: Electric transmission and/or distribution system LPB 13. Easement, including terms and provisioJ?s contained therein: Recorded: June 28, 1994 Recording No.: 373269 Page 35 of 36 111111I1111111 ~ 111111 ~:,~~;,~"p Jefferson County Aud FIRST AMERICAN TITLE EASE 77.00 In favor of: Puget Sound Power and Light Company, a Washington corporation For: Electric transmission and/or distribution system 14. Easement, including terms and provisions contained therein: Recorded: December 10, 1997 Recording No.: 406073 In favor of: United Telephone Company of the Northwest, an Oregon Corporation For: Communication Cable being 10 feet in widthrunning contiguous with the Northerly right of way line of the Beaver Valley Road Page 36 of 36 - , .~ Consent Agenda JEFFERSON COUNTY PUBLIC HEALTH 615 Sheridan Street · Port Townsend · Washington · 98368 www.jeffersoncountypublichealth.org May Sf 2009 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Neil Harrington, Water Quality Program Manager Tami Pokorny, Environmental Health Specialist II May 11, 2009 DATE: SUBJECT: Agenda Item - Glendale Farm Agricultural Easement and Assignment of Rights; Kirk Salvatore, Grantor and Jefferson Land Trust, Co-Grantee; upon BOCC signature May 11, 2009 - Closing - May 26, 2009; $230,000. STATEMENT OF ISSUE: Jefferson County Public Health, Water Quality Division, is requesting Board approval and SoCC signature on documents pertaining to the County's purchase of an agricultural conservation easement on property commonly known as Glendale Farm (Assessor Parcel Numbers 901143009,901144002,901144003, 901144001, and 901143010). The documents are: 1). An Assignment of Rights to exercise an option to purchase the easement, 2). The Agricultural Conservation Easement itself, and 3). A resolution to authorize a warrant for conservation futures funds previously awarded to the project and to allow Water Quality Division staff to sign the baseline report and closing documents. The anticipated closing date is Tuesday, May 26,2009. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: On June 4, 2007, the Glendale Farm Project was approved for conservation futures funding in the amount $230,000 to acquire a conservation easement on this historic 180-acre farm in Chimacum. The Jefferson Land Trust, in partnership with the county, succeeded in obtaining Washington State Recreation and Conservation Office (RCO) farmland preservation funds as well as community funds to complete the project. On June 6, 2008 Jefferson Land Trust (JL T) purchased an option to acquire the conservation easement from the property's owner, Kirk C. Salvatore. The Assignment of Rights document conveys all of the rights and obligations that are currently held by JL T to Jefferson County. COMMUNITY HEALTH DEVELOPMENTAL DISABILITIES MAIN: (360) 385-9400 FAX: (360) 385-9401 PUBLIC HEALTH ALWAYS WORKING FOR A SAFER AND HEALTHIER COMMUNITY ENVIRONMENTAL HEALTH WATER QUALITY MAIN: (360) 385-9444 FAX: (360) 379-4487 "' \0 ~ Consent Agenda The Agricultural Conservation Easement document was developed jointly by the State of Washington, Jefferson County, Jefferson Land Trust, and the seller. The easement's purpose is to protect the conservation values of the property, in particular its agricultural productivity, agricultural soils of regional and state-wide importance, existing and potential economic productivity, and continued agricultural production based on its farm-to-market access, proximity to roads and utilities, historic structures, water availability, and drainage. The easement will accomplish this by preventing industrial and residential development, subdivision, and other uses that are incompatible with agriculture, by limiting the area of impervious surfaces and area covered by gravel or improvements, and by providing additional protections for Chimacum Creek. A Phase I Environmental Site Assessment has been completed on the property. Based on the report by Environ International Corporation, Water Quality Division management has concluded that there is a low level of risk to the property from hazardous substances. FISCAL IMPACT/COST BENEFIT ANALYSIS: There is no impact to the Jefferson County General Fund for the acquisition of this conservation easement. The County's share of the cost of purchasing the easement will be provided by conservation futures funds awarded specifically to the project in 2007, The cost for county staff support is being provided by a grant from the RCO #07-1540C. The total cost of purchasing the easement, including settlement charges, is anticipated to be $894,993.40. Of this amount, the county is providing $230,000 in conservation futures funds and the RCO is providing $434,913 from the Washington Wildlife and Recreation Program Farmland Preservation Account. The Jefferson Land Trust is providing the remaining $230,080.40 in community funds, and this figure includes the cost of the option that was purchased previously by JLT. Jefferson Land Trust will conduct annual monitoring of the easement according to their standard stewardship and monitoring protocol, RECOMMENDATION: JCPH management request approval of the Glendale Farm Agricultural Easement and Assignment of Rights documents and notarization of the Chair's signature on the appropriate page of the conservation easement; Kirk Salvatore, Grantor and Jefferson Land Trust, Co-Grantee; upon BOCC signature May 11, 2009 - Closing - May 26, 2009; $230,000 Please retain originals for pick-up by Water Quality staff the afternoon of May 11. s-j{ iB7 Date JEFFERSON COUNTY PUBLIC HEALTH 615 Sheridan Street · Port Townsend · Washington · 98368 www.jeffersoncountypublichealth.org CONTRACT REVIEW FORM CONTRACT NAME: Glendale Farm Agricultural Conservation Easement &. Assignment of Rights Parties: Kirk Salvatore, Grantor and Jefferson Land Trust. Co-Grantee Jefferson County, Co-Grantee Term: upon BaCC signature May 11, 2009 - Closing - May 26. 2009 CONTRACT $ AMOUNT Revenue: Expenditure: Matching Funds Required: Source(s) of Match Funds: $230,000 CONTACT FOR MORE INFORMATION: Tami Pokorny Contact phone no.: x498 DATE REQUESTED: ASAP o A. RISK MANAGEMENT ACTION REQUIRED: [!] Review (Please complete t~e~) :~~ /.' "/-, _ (/ ReVlewedf3y: _ --------'~ Date Reviewed: 6 / ( / 09' ~. l-~ ~pproved D Returned for revision (See comments): o Forward for next review by: ASAP D Return to JCPH by: o Review ez. o B. PROSECUTING ATTORNEY ACTION REQUIRED: (Plea. se complete the ~Wing: , ~Rr5;BY:~ . , pproved as to form D Returned for revision (See comments): D Forward for next review Date Reviewe[J S' / C> 1 M o Return to Cathy Avery by: ASAP D I c. OTHER ROW.,. (fhis form to stay with the contract throughout the contract review.) COMMUNITY HEALTH DEVELOPMENTAL DISABILITIES MAIN: (360) 385-9400 FAX: (360) 385-9401 PUBLIC HEALTH ALWAYS WORKING FOR A SAFER AND HEALTHIER COMMUNITY ENVIRONMENTAL HEALTH WATER QUALITY MAIN: (360) 385-9444 FAX: (360) 379-4487