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Home My WebLink AboutCONSENT Deed of Right Henderson Property 615 Sheridan Street Port Townsend, WA 98368 �ITn www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Pinky Feria Mingo, Environmental Health and Water Quality Director Tami Pokorny, Natural Resources Program Coordinator DATE: SUBJECT: Agenda item — Recreation and Conservation Office — Deed of Right for Parcel #991 200 301; Upon signature — perpetuity STATEMENT OF ISSUE: Jefferson County Public Health, Natural Resources Program, requests Board approval of the Recreation and Conservation Office — Deed of Right for parcelg#991 200 301; Upon signature — perpetuity. ANALYSIS/STRATEGIC GOALS/PROS and CONS: This Deed of Right, for the former Henderson property in Quilcene, ensures that the County shall not use or allow any use of the property that is inconsistent with salmon recovery purposes. The County must also allow public access to the property and must accept restrictions and inspections by the State for compliance with the terms of the Deed and Project Agreement. FISCAL IMPACT/COST BENEFIT ANALYSIS: This property's acquisition was funded by a grant from the RCO Salmon Recovery Funding Board (#12-1384). RECOMMENDATION: JCPH management request approval of the Recreation and Conservation Office — Deed of Right for parcel #991 200 301; Upon signature — perpetuity. REVIEWED BY: Mark McCaule4kounty Administrator , Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community W Q-25-022 Upon Recording,Please Return To: Washington State Recreation and Conservation Office PO Box 40917 Olympia, WA 98504-0917 Attn: Josh Lambert DEED OF RIGHT TO USE LAND FOR SALMON RECOVERY PURPOSES Henderson Property Grantor: Jefferson County Grantee: STATE OF WASHINGTON,acting by and through the WASHINGTON STATE SALMON RECOVERY FUNDING BOARD and the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE (RCO), including any successor agencies. Abbreviated Legal Description: Lts 1 To 4 Blk 3 Quilcene W/Ptn Vac Fremont St Adj (More particularly described in Exhibit"A"(Legal Description), and as depicted in Exhibit"B" (Property Map)), Assessor's Property Tax Parcel Number(s): 991 200 301 Reference Numbers of Documents Assigned or Released: The Grantor enters this Deed for and in consideration of grant funding coming in whole or in part from the State Building Construction Account—Salmon Recovery Funding Board. Such grant and this Deed are made pursuant to the Grant Agreement entered into between the Grantor and the Grantee entitled Quilcene Acquisitions 2012, Project Number 12-1384 signed by the Page 1 of 7 Grantor on the 22"d day of April 2013 and the Grantee the 25d'day of April 2013 and supporting materials which are on file with the Grantor and the Grantee in connection with the Grant Agreement. The Grantor hereby conveys and grants to the Grantee as the representative of the people of the State,the right to enforce the following duties: 1. The Grantor shall take such reasonable and feasible measures as are necessary to protect the Real Property as described in Exhibit A: Legal Description, in perpetuity. Such measures shall be consistent with the purposes in the Grant Agreement, including protecting,preserving, restoring and/or enhancing the habitat functions on the Real Property, which includes riparian and floodplain habitat. This habitat supports or may support priority species or groups of species including but not limited to Hood Canal summer chum and Chinook salmon, and Puget Sound Steelhead. 2. The Grantor shall allow public access to the Property as provided in the Grant Agreement. Such access shall be subject to the restrictions allowed under the Grant Agreement, by written agreement between the Grantee and Grantor, or under state law. 3. Public access may be limited as necessary for safe and effective management of the property consistent with salmon recovery purposes, but only by written approval of the RCO or funding board. 4. The Grantor shall allow access by the Grantee to inspect the Real Property for compliance with the terms of this Deed and the applicable Grant Agreement to which the Grantor is a signatory. Such access shall be subject to the restrictions, if any, allowed under the Grant Agreement,by written agreement with the Grantee,or under state law. The Grantor warrants it has and shall maintain the legal right and means to reach the property. 5. Without prior written consent by the Grantee or its successors,through an amendment to the Grant Agreement or the process set forth below,the Grantor shall not use or allow any use of the Real Property(including any part of it)that is inconsistent with the salmon recovery grant purposes herein granted and as stated in the Grant Agreement. The Grantor shall also not grant or suffer the creation of any property interest that is inconsistent with the salmon recovery grant purposes herein granted and as stated in the Grant Agreement or otherwise approved in writing by the RCO or funding board. 6. Grantee's consent to an inconsistent use or property interest under this Deed shall be granted only to the extent permitted by law and upon the following three conditions, which ensure the substitution of other eligible land. The conditions are: Page 2 of 7 a. the substitute salmon recovery land must be of reasonably equivalent habitat qualities, characteristics and location for the salmon recovery purposes as the Real Property prior to any inconsistent use; b. the substitute salmon recovery land must be of at least equal fair market value to the Real Property at the time of Grantee's consent to the inconsistent use;and c. the fair market value of the Real Property at the time of the Grantee's consent to the inconsistent use shall not take into consideration any encumbrances imposed on or alterations made to that land as a result of the original state grant and other grants if such encumbrances or alterations reduce the value of the Real Property from what it would be without them. For purposes of this Deed,the Grant Agreement includes any amendments thereto that occurred prior to or may occur subsequent to the execution of this Deed. This Deed contains covenants running with the land and shall be binding upon the Grantor, its successors and assigns, and upon any person acquiring the Property, or any portion thereof, or any interest therein, including a leasehold interest,whether by operation of law or otherwise. If the Grantor sells all or any portion of its interest,the new owner of the Property or any portion thereof(including, without limitation,any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be subject to applicable covenants and requirements under the Deed. This Deed may not be removed or altered from the Real Property,or the Real Property further encumbered,or any property rights in or appurtenant to the Real Property transferred or sold, unless specific written approval has been granted by RCO and/or the Washington State Salmon Recovery Funding Board or its successors. No sale or transfer of the Real Property including less than fee conveyance of property interest,or changes to this Deed, shall be made without the written approval of the RCO. Any such sale or transfer of any property interest or rights in the Real Property, or changes to this Deed,or the recording of any encumbrance, covenant, etc. upon the Real Property shall be void when made unless approved in writing by RCO or made part of the Grant Agreement by amendment. The Washington State Recreation and Conservation Office and the Washington State Salmon Recovery Funding Board and/or its successors shall each have a separate and independent right to enforce the terms of this Deed. REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW Page 3 of 7 GRANTOR: Jefferson County By: Name: Title: Dated this day of ,20 STATE OF WASHINGTON ) ) ss COUNTY OF JEFFERSON ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledge it as the for the Grantor, and to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signed: Notary Public in and for the State of Washington, residing in My commission expires REMAINDER OF PAGE IS INTENTIONALLY BLANK;ADDITIONAL SIGNATURE PAGE FOLLOWS y� Page 4 of 7 GRANTEE: STATE OF WASHINGTON, acting by and through THE WASHINGTON STATE SALMON RECOVERY FUNDING BOARD, administered by the WASHINGTON STATE RE ATION AND CONSERVATION OFFICE By: Name: Scott T. Robinson Title:Deputy Director Dated this day of 1411e/L STATE OF WASHINGTON )ss COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that T• T.-DIAMM is the person who appeared before me, and said person acknowledged that they signed this instrume n o4 .stated xhat the were authorized to execute the instrument and acknowledge it as the for the Recreation and Conservation Office and to be the free and v8lunta6 act of such party for the uses and purposes mentioned in the instrument. Dated: Signed: Mollie Lavell e Notary Public Notary Public in and for the State of Washington, State of Washington r �, My Appointment Expires 2/5120'23 residing in Commission Number 25009305 _ y' My commission expires 21�12� Page 5 of 7 EXHIBIT A Legal Description Lots 1,2, 3 and 4 in Block 3 of Plat of Quilcene, as per plat recorded in Volume 2 of Plats on page 33, records of Jefferson County, Washington. TOGETHER WITH that portion of vacated Fremont Street adjacent vacated by Resolution No. 57-00 recorded June 21, 2000 under Recording No. 434764,records of Jefferson County, Washington, that would attach by operation of law. Situate in the County of Jefferson, State of Washington. Page 6 of 7 , EXHIBIT B Property Map o° 1 RCO project number:12-1384AR RCO project name:Ouilcene Acquisitions 2012 IL Project sponsor:Jefferson County Map created:03114/2025 a Linger Longer Rd � Guilcene Le 'w 0 m m ■ ■ 991200301 ■ ■ N 11+E S 0 100 200 Fe I I Page 7 of 7