Loading...
HomeMy WebLinkAboutord2013-015 WHATCOM COUNTY COUNCIL AGENDA BILL Na AB2013- 115 CLEARANCES Initial Date Date Received in Council 0 ice A - enda Date Assi: ned to: Originator: SLXL March 12, 2013 (� /J March 26, 2013 Nat Resources JAL I� V Committee ng Division Head: 1 "' 3 - D 4 / 9 / 2013 Hearing i 3 /- r�3 Dept. Head: MI .3 - 1 `3 MAR 19 2013 Prosecutor: WHATCOM COUNTY Purchasing/Budget: COUNCIL Executive: TITLE OF DOC ' Ordinance amending the Agricultural Purchase of Development Rights Program application procedure and guidelines ATTACHMENTS: Memo SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: April 9, 2013 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be, specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action) Proposed amendments are included from the Purchase of Development Rights Oversight Committee, including changes to WCC 3 .25A and the PDR Program Guidelines . COMMITTEE ACTION:: COUNCIL ACTION: 3 / 26 / 2013 : Discussed and recommended for 3 / 26 / 2013 : Introduced Introduction 4 / 09 / 2013 : Council Adopted 7 -0 Ord . 2013 -015 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord . 2013-015 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 's website at: www. co. whatcom. wa. us/council. 1 SPONSORED BY : PDR COMMITTEE 2 PROPOSED BY: PLANNING 3 INTRODUCTION DATE : MARCH 26, 2013 4 5 ORDINANCE NO . 2013-015 6 7 8 AMENDING THE AGRICULTURAL PURCHASE OF DEVELOPMENT RIGHTS PROGRAM 9 APPLICATION PROCEDURE AND GUIDELINES 10 11 WHEREAS, The Growth Management Act and the County Comprehensive Plan 12 support the retention of agricultural lands and encourage the use of innovative techniques 13 to do so ; and 14 15 WHEREAS, ORD2002 - 054 established the Agricultural Purchase of Development 16 Rights Program ( PDR Program ) , applicable to all qualifying lands as identified in the PDR 17 Program Guidelines, and governed by an Oversight Committee that is to advise and make 18 recommendations to the County Council ; and 19 20 WHEREAS, The PDR Oversight Committee has developed priorities for program 21 improvements ; and 22 23 WHEREAS, The PDR Oversight Committee met on March 1 , 2013 and voted to 24 recommend changes to the PDR Program ; and 25 26 WHEREAS, The Whatcom County Council held a public hearing to take comments on 27 the proposed code amendment on April 9 , 2013 . 28 29 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that : 30 31 Section 1 . The Whatcom County Code , Section 3 . 25A . 070 is amended as shown in 32 Exhibit A . 33 34 Section ?r The PDR Program Guidelines changes are amended consistent with this 1111 / / / 35 code ar��t \ hnegit Mi4, as shown in Exhibit B . 36 I•' lo,, / , 'I, 37 `��•`JA rehViSVe•Ath day of April , 2013 . 38 � O . .> 39 S ®m O COUNTY • : r WHATCOM COUNTY COUNCIL• 40 A di"� 0 - WHATCOM COUNTY, WASHINGTON 41 _�al.. j C 42 1 .. ! \ . 43 Dan�, BrovAn -RavL9, °C lerl���3f the Council Kathy Kershner, Council Chair 44 °°°i° -m * - ‘S. 45 '/ /// / / / r � ° 11 � i ���` WHATCOM COUNTY EXECUTIVE 46 APPROV D AS TO FORM : WHATC OUN , WASHINGTON 47 48 144/1..4/.. t. IA S '_ 49 Ci it Deputy Prosecutor Jack Louts, nt Executive 50 ff 51 ( > ■■pproved ( ) Denied 52 Date Signedt 2-pa_ ; / / 0 , .2 oi3 • 1 EXHIBIT A 2 Whatcom County Code, Chapter 3 . 25A 3 AGRICULTURAL PURCHASE OF DEVELOPMENT RIGHTS PROGRAM 4 Only amended sections are shown below 5 3 . 25A . 010 Short title . 6 This chapter shall be known and may be cited as the "Agricultural Purchase 7 of Development Rights Program . " For the purpose of this chapter this 8 program shall be known as the " PDR" program . 10 3 . 25A . 100 Application and evaluation procedure . 11 Beginning in the first year following the adoption of the ordinance codified in 12 this chapter and continuing thereafter, the county shall conduct a voluntary 13 property selection process generally as follows and pursuant to the PDR 14 program guidelines . 15 A . Application . Owners of qualifying lands will be invited to make 16 application for purchase of development rights by the county by giving 17 notice in one newspaper of general circulation . Application materials will 18 be provided by the administrator and will include , at a minimum , a 19 standard application form and information about the PDR program . 20 Applications shall be submitted to the administrator and reviewed for 21 completeness . 22 B . Evaluation . The administrator shall review and determine eligibility and 23 priority classification of applications . The applications ranked by the 24 administrator shall be forwarded to the PDR oversight committee . The 25 committee shall review the applications and establish parcels for 26 easement purchase based on selection criteria contained in PDR program 27 guidelines . The committee shall then forward the parcels to the county 28 council which shall review and prioritize parcels on which ' it will seek to 29 purchase conservation easements . 30 C . Appraisal . For those applications that meet the requirements of 31 subsection B of this section , the committee shall cause an appraisal of the 32 applicant's development rights to be made in accordance with PDR 33 program guidelines . 34 D . Requirements and Deadlines May Be Waived . Any requirement or 35 deadline set forth in this chapter or the PDR program guidelines may be 36 waived by the county council if, for good cause , it is shown that urgent 37 circumstances exist that warrant consideration of an application . Under 38 such circumstances the council may purchase a conservation easement at 39 any time and through any process it deems necessary . 1 E . Reapplication . An owner of a parcel not selected by the county council 2 for purchase of a conservation easement may reapply in any future open 3 application period . 4 5 3 . 25A . 120 Restriction on buy- back - Extinguishment and exchange 6 of easements . 7 If circumstances arise that render the purpose of this easement impossible s to accomplish , the easement can be extinguished only by judicial 9 proceedings . In the event of such an extinguishment or the taking of the 10 property by the exercise of the power of eminent domain , grantors shall pay 11 to Whatcom County an amount determined by subtracting the fair market 12 value of the property subject to this easement from the fair market value of 13 the property unrestricted by this easement, at the time of extinguishment or 14 condemnation if Whatcom County is not compensated for its property 15 interests at the time of the extinguishment or condemnation . Other details 16 regarding restrictions on buy - back or extinguishment as may be deemed 17 necessary shall be contained in the PDR program guidelines , and/or the 18 easement deed . 19 • • • • 20 EXHIBIT B Whàtcom County Agricultural Purchase of Development Rights PROGRAM GUIDELINES • _. .. ....... ,_ ___ _ . f , , , ..., . . .. ,... , ,......,,,,, 14:lee e4.' . Ji / i - / '` Y / Z7 .%'• Ame .�,C i ' C e� a J S ii •, a�ka' + . . ° ua., "s £, re ft 4+e F tsP n .�� yr x t! i -s. < s .� -> .e vm . ,> & �$ z ., p F' / = F ' ' a, r% h', , , � �aT % II ✓ u? `z._f` t' ,.vF.R 5, 4 ;� ^7 %w �. a . te ° Pte°/ • / #.. b ' i, °s '" m . "" ' " R�' � ini` . A.. °A.�, 4- "` ,, _ F92 y • •A ' � Fa Y ,6 •° :. i 1 � . ka a,3 x u $ 1 'N "v>✓'"Ss r3N e & „w � , c 4� ``� • t\ c +$e � il ,g'„„ vee”,H+..•.J,'P p.* s- 7<e° "� F son N 7 # , .t � T x 4104/614,-.„ser 711.1. d' , # ,, r✓ rm ••4 � 4 " J 9 o „ x• «> mmj'.a• A nma, • , s a _, a y�3 ° r tin r st : 6 r . »• .t 7.7 AcACc N.t - ' t . £ c a °' F � R s: � . Rd. & ? " x • .M z - } ,s- s i � a n'.. - S," ,d . e a \ 7 8t*--- ka a r 4 -� ' � ' d ?r "§ r E . 77 n r ,- $ r a : `vTw � 4 ti3, r . f ' 9a _ A �, i F th , .P%% , v , , h" za , 44"-,°:=4,x,4:0,5,-,‘,,,,,, (T i 4 . 6 ' $- f:,s i °F ' '' + t s. p d.� A •3 i ( u2 $ �" , �k ,‘ j \ \& 8 $ R fi ?1 n 8' � 3 t%( tb • ���� �'/. " 5 a 44 '155 " a ' n : b «s1 -5 w„ I <1;, li ' • # ry � -(* ,� 3a'ix ; b ' . . s> �' 4;1 vi ; a z ' ` k rt .5 ‘, iw t•t m a ,& s e p ,•. a � � � . Photo Courtesy of Farm Friends Photographer: Jon Brunk [this page is intentionally blank] TABLE OF CONTENTS I. INTRODUCTION 1 II. PDR PROGRAM OBJECTIVE AND PRINCIPLES 2 III. ELIGIBILITY CRITERIA 3 IV. SITE SELECTION CRITERIA 4 V. OVERVIEW OF PDR PROGRAM PROCEDURES 8 VI. CONSERVATION EASEMENTS 11 VII. OPERATIONAL PROCEDURES FOR ACQUIRING PDR EASEMENTS 13 VIII. CONSERVATION FUTURES FUND 18 APPENDIX A: PDR TARGET AREAS 20 APPENDIX B: RURAL STUDY AREAS 21 APPENDIX C: SOILS LIST 22 APPENDIX D: MODEL CONSERVATION EASEMENT DEED 27 . ® I . INTRODUCTION These Program Guidelines are authorized under WCC Title 3. 25A and serve as rules and procedures for administering the Whatcom County Agricultural Purchase of Development Rights (PDR) Program. The Guidelines serve two functions: A. To provide an overview of the farmland preservation process for the property owner. Specifically, this information can be found in Section V. B. To establish the rules and operational procedures that the PDR Oversight Committee and the Administrator must follow when operating a Purchase of Development Rights program. Revised and adopted April 9, 2013 Page 1 II . PDR PROGRAM OBJECTIVE AND PRINCIPLES Responding to the loss of County farmland, Whatcom County Executive initiated the development of a Purchase of Development Rights (PDR) program in September of 2001. A PDR Advisory Committee comprised of fanners, citizens and conservation organizations was instructed to assist County staff in developing a proposal for County Council consideration. A. Objective In conjunction with other tools for protecting farmland, the Whatcom County Purchase of Development Rights Program will contribute to sustaining the fanning enterprise in Whatcom County. B. Principles The PDR Program is to provide a strategic tool to protect critically located County farmland. 1 . Contribute to the Preservation of the County' s Agricultural Land Base Encourage the retention of a critical mass of agricultural land to sustain the farm- related businesses and activities that are necessary to support the agricultural industry in Whatcom County. The PDR Program emphasis will be: a. Provide a buffer to encroachment of the agricultural core; b. Reduce development potential within the agricultural core; c. Consolidate and protect large areas of agricultural land; and d. Address unique and regionally important fanning activities outside the agricultural core that are under pressure of development. 2 . Offer Effective Program Design Maintain a voluntary tool for the preservation of productive agricultural land in the County that will: a. Provide farmers with the market based economic value for agricultural land without selling the land; b. Support and promote ongoing agricultural activity by offering an attractive option for farmers and landowners; and c. Provide for ongoing monitoring and enforcement. 3 . Leverage Program Impact and Efficiency Enhance and support a coordinated approach to the preservation of the agricultural land that will: a. Create community support for agricultural preservation initiatives; b. Complement and foster other County programs and policies to preserve farming and agricultural lands; and c. Leverage other public and private fund sources and provide or increase property owner incentives . Revised and adopted April 9, 2013 Page 2 III . ELIGIBILITY CRITERIA A. Priority Consideration Areas around the county have been identified to receive priority consideration for PDR Program participation. Twelve PDR Target Areas (shown in Appendix A) are priority farmlands that are located within designated areas of Everson, Beard Road, Ten Mile Road, east Hemmi Road, Laurel, south Custer, north Custer, Stein Road, west Lynden, north Lynden and northeast Lynden. Preservation of these areas can establish a perimeter of PDR farmlands against development encroachment into large blocks of agricultural lands. Ten Rural Study Areas (shown in Appendix B) are priority farmlands that are located in Rural-zoned areas of Guide/Aldrich, Grandview, Ten Mile, Loomis Trail, Custer, Harksell, East Badger, Minaker, Lawrence, and South Fork. These lands, due to their soils, land use, and proximity to core agricultural areas, are also deemed priority farmlands for program participation. In addition, the lands zoned Agricultural in Whatcom County are also priority farmlands for program participation. Lands immediately adjacent to Ag lands or Rural Study Area lands will also be given priority through the selection process. B . PDR Program Eligibility Two factors will be important in determining eligibility: 1. Availability of funding to expand the program and 2. Advancement of PDR Program objectives. Priority farmlands will continue to receive preference over other farmland through weighted selection criteria. All applicants for PDR Program participation must be within an Agriculture or Rural zoning designation. Properties located in Urban Growth Areas are ineligible to participate in the program. Revised and adopted April 9, 2013 Page 3 IV. SITE SELECTION CRITERIA All valid applications will be reviewed to determine if the acquisition of development rights will promote the PDR program's goals and priorities. Selection criteria have been developed to guide, but not control, the review and assessment of eligible properties during selection. In all selection rounds, valid and accepted offers on eligible properties of greater points shall be considered for purchase with available funds before properties receiving lower scores. The criteria, which will be used to evaluate the applications, are outlined below. Rating instructions: The selection criteria allow for a score of up to 100, with all five criteria sections assessed. Each criteria section is rated and assigned a point value. Then each section is assigned a weight factor. The five weight factors add up to 1.0. When total point values for a section are multiplied by the weight factor, a score will be reached for that section. The total of the 5 section scores result in the final applicant score. Staff performs the ranking, with review and adjustment by the PDR Oversight Committee. 1 . Land Evaluation Productive farming and associated activities depend on soil capability (the suitability of soils for most types of field crops) . Therefore, emphasis should be placed on the property's soil characteristics . The scoring system uses the NRCS Prime Farmland classifications, LESA classifications and APO soils classifications, as well as classification of soils of statewide importance. Higher points are assigned to better soils and lower points to poorer soils . Points are also assigned based on the productivity and/or characteristics of the soil (profile, texture, slope, other) . A soils chart is included as Appendix C. Below is a table detailing the soil point system: 31 7d '`y"" 'AY'.• "� � sl/ e '3. j .3ro . Elyt f ,me i" v Y.t x ,a �4 ♦�j] V"L'F y. ::/l ': n l / � I � ? z � 151;Pk 3 L q}° .i a bn ? 6 a� A ,a.r`3. Zi P Ft t" 'rr7y�� ws4 i ae s 4w e � 13b - Akw 1� cfo o3t^'A�� I 3 'S � ' . ♦ '2•• °O .Ac'(�, rmsi / 3 a � m 3 ! �naop >Y i . /14 7 B L ^3°i5 m �3 `sL 3(N+ f totog Yi o. `�/( �Y �, ° �.rt'1Li'E� r P� �' Yhn. �J,I�7.�.� �Tl � d !� f !�� '��� ��>� fyb ohm s` '113 110 �\ x t� 1 �3 .9 / a y� /i F ,f � a �� n n j� b " r . ,>rv1 �� . � Wa`r.�ds�i_ �§� ,a~,�. iwD� �',§U6 , f 6? i f}ee. }. h its � r .. .. .e r. . L, io. � �., �3"� . . �. �', . . � 100 90 0 0 95 85 0 0 90 80 0 0 ttaTcPA 'g 1,14V444600W.11 85 75 0 0 -% ,$ nikne . s .A;. Q . 80 70 50 0 Farm applications receive points for this section proportional to the percentage of each soil type that exists on the property. An example of how this would work follows: A farm under review is 40 acres, of which 29.79 acres (about 75 %) is soil 179-Whatcom Silt Loam 4 -9% slopes, which is classified as LESA 4 , APO Prime 1; and 10. 21 acres (about 25%) is soil 180-Whatcom Silt Loam 9-15% slopes, which is not classified as APO or Prime, but is a soil of Statewide Importance. This farm would score a total of 76. 07 points for this Section, as shown: Revised and adopted April 9, 2013 Page 4 I ài B C D E F G H I . - 179 29.79 74.48% Y Y 4 1 0 85 63 .30 180 10.21 25.53% N N 0 0 yes 50 12.76 Total area 40 76.07 Once a point value for the section is determined, it is multiplied by a weight factor to indicate the importance (weighted factor for Land Evaluation section has been 0.33, but is subject to ongoing review by the Committee). 2. Site Evaluation The points for each criteria are based on a 100 point scale. Higher points are given to site characteristics that are more desirable, such as parcel size, characteristics that reflect a site's threat of conversion, and characteristics that make a site more desirable to farming, such as available water rights . A. Total size of parcel(s) (nominal acres) a. 20-49. 9 30 pts b. 50-79.9 70 pts c. > 80 100 pts B. Number of existing development rights offered under current zoning a. 1-2 20 pts b. 3 40 pts c. 4 60 pts d. 5 80 pts e. >1=6 100pts C . Adjacent land is conserved by easement or other means (Whatcom Land Trust or NRCS CREP Program) a. >1 mile 0 pts b. V to 1 mile 25 pts c. V to V mile 50 pts d. < W mile 75 pts e. Adjacent 100 pts D . Percent of parcel actively farmed a. 0-25% 25 pts b. 26-50% 50 pts c. 51-75% 75 pts d. >75% 100 pts Revised and adopted April 9, 2013 Page 5 E. Number of legal lots of record a. 0-2 20 pts b. 3 40 pts c. 4 60 pts d. 5 80 pts e. >1= 6 100pts F. Water Rights documentation available a. Yes 100 pts b. No 50 pts Once a point value for the section is determined, it is multiplied by a weight factor to indicate the importance (weighted factor for Site Evaluation section has been 0.33, but is subject to ongoing review by the Committee). 3. Special Considerations G. Site contains heritage/historical significance a. Yes 50 pts b. No 0 pts H. Site contains conservation values (viewsheds, wetlands, wildlife habitat, other) a. Yes 50 pts b. No 0 pts Once a point value for the section is determined, it is multiplied by a weight factor to indicate the importance (weighted factor for Special Considerations section has been 0.03, but is subject to ongoing review by the Committee). 4 . Bargain Sale Opportunity I. Sale below market value a. 91%- Full Value 0 pts b. 71%-90% 33 pts c. 50%70% 66 pts d. < 50% Full Value 100 pts Once a point value for the section is determined, it is multiplied by a weight factor to indicate the importance (weighted factor for Bargain Sale Opportunity section has been 0.09, but is subject to ongoing review by the Committee). Revised and adopted April 9, 2013 Page 6 5 . Bonus Points J. Increases the amount of preserved farmland in target or rural study area to: a. Not in target area 0 pts b. <25% 25 pts c. 25-50% 50 pts d. 51-75% 75 pts e. >75% 100 pts Once a point value for the section is determined, it is multiplied by a weight factor to indicate the importance (weighted factor for Bonus Points section has been 0.22, but is subject to ongoing review by the Committee). 6. Final Score The points for each section are added up and multiplied by a weight factor, which indicates the importance that is placed on a particular characteristic. The weighted scores are then added to provide an overall score (0-100). The higher the score, the more closely the property meets the goals of the program and hence is a higher priority for purchase and preservation. Properties which score less than 40 (forty) points will not be recommended for program participation. Revised and adopted April 9, 2013 Page 7 V. OVERVIEW OF PDR PROGRAM PROCEDURES A. Outreach and Publicity Step 1: The County shall annually give notice in one newspaper of general circulation in each area where eligible lands are located which may be acquired. The notice shall include the properties eligible to participate, the application process and applicable timeframes and extensions. The Administrator may identify each property with potential development rights within priority consideration areas and provide written notification to the property owners. B . Application and Ranking Step 2: Voluntary pre-application screening. Interested property owners may meet with the County PDR Program Administrator (Administrator) to review their eligibility and special circumstances, if any. Step 3 : Application. An owner of land eligible for PDR Program participation submits and application for County acquisition of property or development rights. The application must be submitted on the form provided by the County. Step 4 : The Administrator reviews each application for completeness, determines if the subject property meets minimum eligibility criteria and assigns a preliminary score based upon the PDR site selection criteria. Step 5 : The PDR Oversight Committee reviews PDR Program applications and recommends proposed development rights acquisition utilizing the selection criteria . Recommendations for development right acquisition are prepared and forwarded to County Council to approve, deny, or recommend modification. Step 6 : The Administrator estimates the number of appraisals that can be initiated based on available funds and chooses the top ranked parcels from the County Council's list of parcels. The property owner is notified in writing of eligibility status. Step 7: Property owners disputing their ranking may request a reconsideration of their ranking to the PDR Oversight Committee within 14 days after receiving written notice. The Committee shall review the reconsideration request at the next regularly scheduled meeting. Special consideration will be given if applicant modifies the original offer to include a bargain sale. The PDR Oversight Committee may, at its discretion, change the site ' s rank, recommend the site for subsequent consideration, or deny the request. Revised and adopted April 9, 2013 Page 8 C . Title Step 8: The Administrator initiates a title search. Closing is conditioned on the resolution of all unapproved title exceptions, within the County's sole discretion, which may require the receipt of subordination agreements or payoff letter. 11 Pricing Estimate and Appraisal Step 9: The Administrator or designee initiates the pricing estimation process using the formula developed by a consulting appraiser and periodically updated OR a preliminary estimate of value, and notifies the property owner of an estimated range of value within which the appraisal will likely fall. The Administrator or designee sends the applicant a letter of intent, including range of expected value. The letter calls for the signature of property owner(s), and spells out conditions under which costs for further due diligence and the appraisal must be reimbursed to the county if the property owner chooses to withdraw from the program within a specified period of time. Step 10: The Administrator or designee proceeds to verify assumptions through official county processes, such as a formal Lot of Record and density determination, and conduct other due diligence as necessary (such as water rights research and Title research and clearing). Step 11: Unless Council and the Executive specifically authorize an alternate approach to determine value, the Administrator commissions a full appraisal by a County authorized appraiser to appraise the development rights value of the land proposed for development rights sale. The development rights value is the difference between the market value of full ownership of the land, and the agricultural value. Step 12 : The appraiser submits the completed appraisal (or the alternate determination of value is conducted and submitted) to the Administrator and the Oversight Committee for their review. Step 13 : The Administrator or designee meets with the property owner to review the appraisal (or alternate determination of value), state the offer, review the conservation easement provisions, agreement terms and conditions, and to answer the property owner's questions. Step 14 : If the property owner believes that the farmland has not been adequately appraised or valued, the owner may, within the time allowed in the schedule, commission an appraisal at the owner's expense. E. Offer to Purchase Easement and Agreement Step 15 : A written offer to purchase development rights based on appraised or determined value is made to the property owner following budget authorization by the County Council, and approval by the County Executive. Revised and adopted April 9, 2013 Page 9 Step 16: Within 30 days, the property owner accepts, rejects or makes a counter offer. Counter offers will be reviewed and evaluated by the Oversight Committee and the County's authorized appraiser. Step 17: Property owners desiring to sell their development rights sign a Purchase and Sale Agreement. . F. Adjacent Property Owner Notification Step 18: Neighboring property owners are notified that adjacent land is in the process of being preserved. • G. Approval Step 19: Review materials are presented to the County Executive for review and approval, rejection, or recommendation for modification. Step 20: Review materials are sent to other participating entities for partially or wholly funded conservation easements several days prior to any deadline. I . Settlement Step 21: Settlement will occur following County Executive approval of transaction terms and is contingent upon a title search and any other evidence, such as a land survey, that may be necessary to establish clear title. • Step 22: Payment will be in full at time of settlement unless the County and property owner agree to an installment sale. Step 23: Checks are requested from the Finance Manager and settlement is scheduled within a week or two of approval. Federal or state money is dispersed according to federal or state regulation. J . Recording Step 24 : The conservation easement will be recorded at the County Auditor's office. The County or its designee will monitor the properties under easement at least annually to ensure compliance with the easement. Revised and adopted April 9, 2013 Page 10 VI . CONSERVATION EASEMENTS A. Description A conservation easement deed is a legally binding document, which is recorded by the County Auditor, forever restricting the property to agricultural and directly associated uses, and for which compensation may be paid. As an easement in gross in perpetuity, restrictions are binding upon the owner and future owners, and run with the land. B . PDR Program Conservation Easements At the time of acquisition of development rights from a participating property, a conservation easement is placed on the property permanently restricting development of the site and protecting/preserving the agricultural values associated with the site. The conservation easement must be signed by both the property owner(s) and the County Executive or his/her designee and recorded with the property records for the property. A model conservation easement deed is included in these guidelines as attachment D. 1 . Conservation Easement Requirements Conservation easements shall be on a form approved by the Whatcom County Prosecuting Attorney and shall meet the following bask requirements: a. The deed shall be in recordable form and contain an accurate legal description setting forth the metes and bounds of the farmland area subject to the easement; b. Restriction is granted in favor of Whatcom County, or if designated by the organizations as defined in RCW64 .04 .130; c. Restriction is granted in perpetuity, and shall bind existing and future property owners; and d. Unless specifically provided for, nothing in the restrictions shall be construed to convey to the public a right of access or use of the property, and the owner of the property, his/her heirs, successors and assigns shall retain exclusive right to such access or use subject to the terms of the easement. 2 . Filing After the conservation easement is signed and notarized, it must be recorded with the Whatcom County Auditor's Office . Revised and adopted April 9, 2013 Page 11 C. Conservation Easement Conveyance Conservation easements may be either donated or sold, or a combination of both. 1 . Conservation Easement Donation a. A donation of a total parcel will not be subject to eligibility except as below in section c. Partial parcel donation shall be considered under the same rule as for development rights sales. Notwithstanding the eligibility of the property, acceptance of a fee interest or partial donation is within the discretion of the County Council. b. Whatcom County will accept voluntary donations or bequests of agricultural development rights as perpetual easements in gross if meeting eligibility criteria (except priority area criteria) and within the discretion of the County Council. c. All properties offered for development rights donation must meet the following minimum eligibility criteria: 1. The PDR Oversight Committee will consider each offer on a case by-case basis, considering the property's consistency with current and future land uses, and 2 . The farm property must be at least 4 acres in size, and 3 . Be in agricultural use or has not been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high potential for returning to commercial agriculture, and 4 . Consist primarily of productive agricultural soils (APO soils) and, 5. Cannot be located within an Urban Growth Area. 2 . Conservation Easement Sale a. Whatcom County will purchase perpetual conservation easements on qualified properties in accordance with the policies and procedures of the Whatcom County Agricultural Purchase of Development Rights Program, with Federal, State, County, and/or private funds and any combination thereof. b. All properties offered for conservation easement sale must meet minimum eligibility criteria as contained in Section III. Revised and adopted April 9, 2013 Page 12 VII . OPERATIONAL PROCEDURES FOR ACQUIRING PDR EASEMENTS A. Outreach and Publicity Annually, notice shall be published in one newspaper of general circulation. Application opening and closing dates, if any, will be determined by the PDR Oversight Committee. The Committee shall have the discretion to consider applications in rounds, or individually on a rolling basis. If selection deadlines are extended, the committee will provide public notice of the extension. B . Application and Ranking 1. Property owner(s) voluntarily submits an application(s) to the County. The application must be submitted to the County on the form provided by the PDR Program, and according to the relevant public notice. Applicants are to include at a minimum: a. Name(s) and address (es) of the property owner(s) of the site; b. Legal description and parcel number(s) ; c. Copy of the property deed and title; d. Total acreage of farmland to be included in the PDR Program; e. Current land use and APO soils; f. Number of dwelling units; g. Description of the farming operation; h. Other information necessary to evaluate property eligibility; and i. Acknowledgement of intent to grant to Whatcom County a conservation easement in a form provided by the County. 2 . The Administrator shall review each application to determine completeness and eligibility. 3. Applications meeting all minimum eligibility criteria shall be evaluated and scored by the administrator and Oversight Committee according to the site selection criteria. (See Section IV) 4 . The PDR Oversight Committee shall provide the County Council with information and scoring of properties recommended for conservation easement acquisition by the committee. County Council shall approve or deny pursuit of conservation easement acquisitions on the parcels. 5 . The Administrator shall then arrange appraisals (or alternate determination of value) of eligible farmland applicant properties as determined by the County Council. 6 . The PDR Oversight Committee and Administrator shall provide an annual update to the County Council discussing recommended purchases, possible program changes, and anticipated budget needs. Revised and adopted April 9, 2013 Page 13 C. Appraisal Appraisals for eligible properties shall be conducted to determine the value of development rights of parcels in the order of acquisition priority until acquisition funds are expended. a. The appraisals are to be made by an independent appraiser qualified to appraise agricultural land for development rights purchases . An appraiser is deemed qualified if he or she possesses a State of Washington certification as a State Certified General Real appraiser, MAI designation by the Appraisal Institute (or equivalent) , and at least five years agricultural lands appraisal experience. Appraisers shall supply a narrative or UAAR form report, which contains information as required by the Uniform Standards of Professional Appraisal Practice (USPAP) and as specified in any contract with the County. b. An appraisal report is an objective report of market facts. The appraisal report must estimate both the unrestricted fee market value of the land only, excluding the value of buildings, and the agricultural value of the land only, of which the difference is the development rights value. c. Both values shall be based primarily on an analysis of comparable sales. If comparable sales data is not available for agricultural lands, the appraiser may use local farmland rental values or capitalized production values to determine the agricultural values of the land. d. A description of the buildings or other improvements shall appear in the appraisal report; however, the buildings will not be valued and therefore will not be considered in determining the development rights value. e. The appraiser shall report whether the subject property has any land use restrictions, public or private and/or physical attributes, which limit the developmental capability of the land. f. The appraiser shall be advised that conservation easements are perpetual. The perpetual nature of the easement shall take precedent over any agricultural zoning status. g. The appraisal shall be in writing and may be discussed with the owners prior to the submission of written offers. h. If the property owner believes the property has not been adequately appraised, the owner may, within the time allotted, request that a review appraisal be made at the owner's expense. This appraisal must be completed in accordance with the guidelines set forth herein. If the review (owner's) appraisal is not completed within the allotted time, the application will be delayed for future committee consideration. If a review appraisal is completed, the appraisals will be reviewed by the County's Appraiser. The County's Appraiser in consultation with the Program Administrator and the Revised and adopted April 9, 2013 Page 14 PDR Oversight Committee will accept, modify or reject the review appraisal. The determination of the County's Appraiser is final. i. The maximum value of development rights purchased by the County shall be no more than the easement value contained in an appraisal report. The easement value is the difference between the farmland's value before and after the voluntary conservation easement. 2 . Council and the Executive may specifically authorize an alternate approach to determine value in accordance with state and local laws, in which case the conditions of that approach would substitute for the appraisal guidelines as set forth in C.1., above. D. Title and Survey Issues 1. The Administrator shall request a title report confirming that applicant is the owner of the property and has unrestricted legal right to transfer the development rights (i.e. there must be clear title to transfer the property) . The title report will be provided to the County Attorney for review. 2 . All encumbrances (including but not limited to: liens, mortgages and judgments) against the property must be subordinated, satisfied or removed prior to development rights acquisition. Mortgage and/or lien holder subordination and releases may be required acknowledging that a conservation easement will be placed on the property and subordinating their interest in the property to the deed restriction. 3. At settlement for a County or joint development rights purchase, the PDR Oversight Committee or applicant shall provide a title insurance policy issued by a title insurance company authorized to conduct business in Washington State by the Washington State Office of Insurance Commissioner. The cost of such title insurance shall be a shared cost, with the county's portion considered a cost incident to the development rights purchase and a reimbursable expense from the County's Conservation Futures Fund. 4 . It is the property owner's responsibility to survey (or provide a legal description that meets specific standards) any exceptions from the easement and any graveyards or cellular towers that may be located on the property. It is the property owner's responsibility to provide a legal description for any commercial operation on the farm that is not incidental to the overall farming operation, in order to exclude it from the easement. Surveys shall be conducted by a licensed surveyor in accordance with state and federal regulations. E. Development Rights Value and Purchase Price 1 . The maximum value of development rights purchased by the County shall be no more than the easement value contained in an appraisal report. The easement Revised and adopted April 9, 2013 Page 15 value is the difference between the farmland's value before and after the voluntary conservation easement. 2. Development rights may only be purchased in perpetuity. F. Recommendation of Development Rights Purchases by the PDR Oversight Committee 1. The PDR Oversight Committee, in making recommendations concerning applications and purchase offers, shall consider the following: a. Evaluation according to the site selection criteria. b. Consistency with County Comprehensive Plan (and Rural and Agriculture zoning designations) . c. Cost relative to total allocations and appropriations. d. Proximity to other land subject to agricultural protection easements. 2 . Upon receiving the recommendations of the PDR Oversight Committee and the Administrator, the County Executive shall review the recommendations and shall take final action to authorize or deny proposed purchase terms and offers, consistent with authorization by the County Council. 3. If a farm is approved for development rights purchase, the Administrator will meet with the property owner and review the terms, conditions and amount of the County's offer. A written offer will be provided to the property owner. Written notice shall also be provided to farmland not approved for development rights purchase during the current application round. 4 . Within 30 days of receipt of a written offer from the County an applicant must indicate in writing which of the following actions they intend to pursue: a. Accept the offer. b. Reject the offer. 1. Reject offer outright a. no further action b. participate in future review 2 . Submit a counter offer within 90 days of written notice of offer by the County. c. Failure to notify the County within 30 days shall constitute rejection of the offer. 5 . If the offer is accepted, the Administrator shall prepare a Purchase and Sale agreement. USDA or State Funds must be paid as lump sum. The method of payment shall be specified from the options listed below: a. Lump Sum b. Installment Purchase Agreement (IPA) c. Like-Kind Exchange d. Or a combination of the above Revised and adopted April 9, 2013 Page 16 6. For development rights purchase utilizing the Installment Purchase Agreement (IPA) program, the County Council at settlement shall provide an opinion of legal counsel that the County's obligations to make installment payments of principal and tax-exempt interest over time are legal, valid, and binding. And that such payments are a general obligation of the County for which its full faith, credit, and taxing power are pledged. Interest paid by the County is exempt from federal income taxes. 7. All Agreements of Sale and Conservation Easements require the County Council's approval. G. Grant of the Agricultural Protection Conservation Easement Before the purchase of development rights can be finalized, a conservation easement in a form approved by the County Attorney and consistent with the policies of the PDR Program Guidelines, must be placed on the property permanently restricting development of the site and preserving its agricultural values. The principal interest of the County is to ensure that agricultural lands are preserved and subsequently stewarded in a manner that maintains and enhances their farmland values. There may be some instances where there is a public interest in another public entity or non-profit organization to hold the conservation easement, for continued stewardship and protection of the land. The County will consider: 1. The preferences of the donor or seller; 2 . Administrative, monitoring, and enforcement issues associated with the conservation easement and the resources available to address these issues; 3. Requirement of Federal, State or County funding sources utilized to purchase development rights . H . Development Rights Purchase Recommendations/Submission Requirements 1. County Council: Each recommendation for development rights purchases with County funds, State funds, Federal funds or a combination of funds shall be presented to the County Council at a regularly scheduled public meeting. 2 . Letters of Notification: Letters of notification for development rights purchases will be sent to adjoining property owners by the Administrator. 3. All eligible applications not selected for PDR Program participation may choose to be reviewed during the next application period or withdrawn. Within 30 days following receipt of written notice from the county, the property owner must notify the administrator in writing requesting review in the next selection period. Revised and adopted April 9, 2013 Page 17 VIII . CONSERVATION FUTURES FUND A. Intent This fund was established in 1992 to be used solely to acquire right and interests in open space land, farm and agricultural land, and timber land, so as to protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve the property for public use and enjoyment. B . Fund Sources This Conservation Futures Fund is funded by a real property tax applied to all real property within Whatcom County at a rate determined by the county administration and county council. - C. Fund Source Accounts Council shall annually consider an allocation of Conservation Futures Fund to be placed in a Purchase of Development Rights Account. D . Installment Payment Fund 1. The intent of installment payment funds, which are established by the County, is to encumber and invest committed funds for which recipient property owners have elected annual installment payments for a period, which may vary according to the wishes of the property owner. 2 . The full consideration of any transaction for which installment payments of five years or less have been elected shall be placed in the fund, less the amount of any first installment to be paid at settlement. This amount shall be invested and annual installment payments shall include the interest accrued. 3. Annual installment payments shall be made on or before January 20th of each year. 4 . A property owner may enter into an Installment Purchase Agreement for fifteen (15) to thirty (30) years at an interest rate to be negotiated between the property owner and the County. The property owner will receive semi-annual interest payments that are tax exempt. Principal will be paid in one lump sum at the end of term. The property owner will also receive a security representing the Installment Purchase Agreement. The property owner may sell or assign this Agreement. E . Public Expenditures 1. All public expenditures from the Conservation Futures Fund are subject to approval by Whatcom County Council and will be made in accordance with approved disbursement procedures . . Revised and adopted April 9, 2013 Page 18 • 2 . Expenditures from the PDR Program Account shall be limited to interests in qualified agricultural land participating in Whatcom County's Agricultural Purchase of Development Rights Program, and other expenses necessary to the acquisition of agricultural conservation easements authorized under RCW 84 .34 .200- .240. 3. The annual appropriation to the PDR Program by the County Council shall be available for the calendar year in which the appropriation was made and or the subsequent calendar year. Revised and adopted April 9, 2013 Page 19 £ � • o ' � � { 0 bA N•a �' x'{ a"- GJ Y r a ' °t f` S 't 'It, a k w • 17xl ' • r�rn r ▪ £ re 3 F•CID �� • 7 �£� Y '}d S , < g . ? v ,F. + i ,ywfA84 1R17 '3f . �'y £' J �1 £ � 3 �� •al b K �{ i ki et .uA�, i 4 ♦—/�1 " /4;415 TA rZa CY a £x S £ 1 � 1 v4r *tct'T:rr isiC Its y • £ t u- \ A ..s,--,p� y " h� • F @5 3 •? yr., xx ▪ ry�a4':�` k £ f+man Is-„� ". _�1 i ' a �• H U u { k k. M A.. �W �i if.1? .I. iS •, "Ru VV/ � 4 at.t hx 4 3f F j• °'▪ I U Cli I, s p,17” .g t� Y 4 zn ii +Ti F r� £' v>' k , '3 w "'yx -'` si r �L 44441.~.�t -wv., i •j$1.-. 4. G �Lim 1 � �� ar art } " i 2 'i f • Y;(▪ 1f ` Q " K 1x 'u i `� 3F 7g I ni• 01, fi 1\ i a yt : : w 4-, O^„r. u'� _ 0 Cip it NMI �,�j , rs� i o s v;am T t ,b yy i■ ck q'l � APPENDIX B Rural Study Areas , � ?may r BI men .. MAHavGroN Uan l _ rry as yes 1 t i �. .� ' ` "3 +'a7-L iq �'� // � ei/� tw. -; s t- N¢ ' s ">4."<c:"...41.74.,,7;1-� � „i F .y ;. East' �' ,, $ ? .4 it �' , OoH1 Tr LMan 63(t9@ 1s . ?re> { 2 ,�' / � �0 „�� C Z ? itJ` � s r _ � `x z' �' gii i r s `k. Nr r 1 �� s p, ' ' w . zt ' Y 1 1 Y w 1,0';. au x/ w� /y may ✓ : ! e .. 15 p 'r. re � ,u- � . j' � �� s r HaFk 01 varo L ".. ', --,,-,-e_,. ,'y�� „' _ .€ a � P`r^•T r / r` ✓ : '°1% ' - EOneti4'en bu s Y.. t7t 'iaef+� ( � Clem l / ✓ i ted',3m �^ r �' vn d - c. k sszs, t'ninZ Ro ... >x, 9 - ,3 1 "yr„ ` a` a ,,� �'", . ....-...-..% w '` arandWew - ' r ' 2.7 ..1: � i r ^,z r / � u1d01 �Irtricfr� t"f ye � ,#R' �s l ie ° 8' / 3 � 2 , Fama e . i ` 1 x 'a 3 sn ,4.4..e"/.. ...... r,$" � � s' ).. ;"1k'^ y - , r ��( �a ,' > l t l' "3 "4 4 s ,p .+td� J� 'C Z'/ '{ s �tM 4.4.411111d:"">11?, 1 7 X3. �x• 1.1 s r +�. 4 6««f�.ry ,1� :-. .:n g3:y3. =•" "r` r 1 n�1 •r.'>✓ /� u ' �// � �r . � .0 r ■ „ p,4:7,451, 6 c > s / L. • r - t SoUth�fork N r �'� ..•. .44'‘, f Yf n / a r..rn �-J • 9 .hay f a� �' Y }q abT•%: m /JS Y T 4/c'�'"FT 3 Y % ' .. � X WaWR✓4' S4 - � *"yr q Y. I ��' .m+ 4, S a; _ / } f yx p . � x � ° f i „ WWITC -CO 1 e,• r4 �+n;:x r z 4uteonu4 Whatcom N County M � � . u� `zox � Mm�N�Mm. RmMm nllaa Tytn� inn" ?mN M .. -Rural Study Areas and Agricultural Zone °°° e � .m,.a -mr : •] Miles -'.,'%Sai'{.4 • 0 0.751.5 3 4.6 6 Figure 2 Revised and adopted April 9, 2013 Page 21 APPENDIX C Soils List ., .... .° � 3 w0. ✓ T $.t @i" e W • ��„ ,,^ u of N�rine W p � PR'An : e D 4."� _i��ys` �i r � �"✓ d .e :. � T xli fr r a'aCa � ' ' aY �1 A r m , tea ni, Cat I 13 ®• a X Cam= ..h`-a a: . '! ,4k, u, 'te..uo ^fgei , . s. ;,..Q:.ay. n . :"i**..a,...a MIC.0 M.b ' **** ,2acCo. 1 ' ANDIC CRYOCHREPTS - 60 TO 90% SLOPES N . 0 0 ` C ° o 'I LR 'Od it1 f a eti °wcoMPLL e6oT3 ,S2OF S OP Os L l 0 l P • 3 ANDIC XEROCHREPTS 60 TO 90% SLOPES N 0 0 Z {� DIC , e EPTS0 24 4rO�JTCROP CO Ply C6diner , a , �� , ti ��, �'�`N a , a� /fix, f r /"'"��•'.`.= azt'`. Mr'... "l_ ...%ii* '-.l. c.%✓ xa r. / trtaSklx . f== ,:f. w . "en ,• y . °s"2 ' \tka *k ` � � ". 0' +M,tr.t+ V ;. C/C51. /ta l'' a y'• ✓mc:, ro1k � ¢x..... . F .x:.e:.,........ .h x rr XS ' "v".�" a . - ;r3" s r yA AVC 5 ' ANDIC XEROCHREPTS-COOL ROCK OUTCROP COMPLEX-60 TO 90% SLOPES pre v.. ..x Ba R E' .� ELn Fy A er -38 $,. ` °. ;MMa . +._ems�N.4." Vte P a� 0 n i y.h w: „� . LY rL QTO LQP ; t" 14a� a zy s 0 ; , � l ,iAN j wi ` % � v t ? rYe r a 4, :•dr! -.` W aa3 A r y ✓S ` v f4W i S: a: <-444444:44-424-2442;42; 452 . ;Y' .. .0'-'444f '% 7' - . , : BARNESTON VERY GRAVELLY LOAM - 8 TO 15% SLOPES N 0 0 444 4 Y n4444�\^x i5 rYE an r yar E..0 /asn �aa,' ✓ } N ra times N x �' ` 6s „ rr , , ' 'RNESF6 .s. ALL + J � lj ° 'J y . . o- *r L t h is s ri ' " a 1 Yr✓ ✓ r i 2 9 s..G . ' . .u :d^ " c a , m rz � , F r c y r tt 9 -BARNESTON VERY GRAVELLY LOAM - 30 TO! 60% SLOPES N 0 0 ® °r . .. 1710,4;", " .2 ' Mmyr . O v% ro C +Yt".n. .f . " a 'r 'e 6 ' 5 "/v , (o ,., p SARNHA1�21.T G ;0 t/O 5 /o SLOPES yy z , as a tM$ e. 4� Q .�✓ if` . 'A",.'xe"3..<1:2: ts\-ilSe.A�'c : A. ,0 k` '-emv a✓w ,n astzi a,-, /✓.-zak g,4 .. ".. v:. a E0 •7,X ."e g m. 4 a� a�fnr.a� ,� «�;S.a .:PA • e t•4'.• .:. . z t2.o frrw ✓..r.a i✓e" F i 11 . BELLINGHAM SILTY CLAY LOAM - 0 `TO 2% SLOPES N 0 2 k ° . • 7 r n .. HBAS4,1,,,,,„ ,O ., . 0. SLC ES � yr / r ta si � e � 5t : x r : x� mi . � r "r . sw✓ r; 1 f . . $IRC Y� I O 0 Pr ..- r r r r w , r j x :a L 1 ,, - ue � %s 's .o i X > S 5i . .. M5;1 � ' :ex x r5t=:M .G .:g.,t. � '. f r/lr .' . r , . � .. ^ e5 .bd .5 ... ..., ,....: �. . . @ . °� h � �z£ ` _ / - _ 13 BIRCHBAY SILT LOAM - 3 TO 8%SLOPES Y 1 14 eBI CHB•"1' SI T'LOAM 84'4 44 •% SLOPES` ��'�� � i. , r},gq ; r . a' ye r '#�,r .4. 2 ..- 2�� \� ti 'a.4�27€'� ...a 4442, � ` '4 ^".,.✓ ' ,42,... .;.4,:,-,..y.,,,,,,,.. ., 1 ' '•. r : ?n R"ut. 2 - - <" VN3 - . 2 <• .S.tEa.";r;,, _ v.4. . . .s. .. . . - , . v.. 4 . _ -n 4444. .v . _ 15 BLAINEGATE SILTY CLAY - 0 TO 1% SLOPES N 0 0 '- as 16 BLAINEGATE. iJRBAN LAND � aIy1PLEX t1T01%SLOPES* ` ., ' N 4 , %r0 .. F,0`3 ` .��' M ..e..4:` ...:- /./ .. ., , 5 si< r aw 'a S z �A : . r. r �?� ari c 4 izx r - , x^^. .. _, . .v3, , - k.ni r. „wasw..0 4.. ea ....J . S_. ..... . .. , a 4444 . ..,-. 4444.. . eo ., u. ...J � . hh.. . ...:. .. .. . ...>;: . e....ecX .5! �..a. E_:� >wvFAko���+.-.� Y.� j � . rra'm`3•r.� ..k 17 17 BLETHEN GRAVELLY LOAM - 5 TO 15% SLOPES N 0 0 yes H.. r " ," ti < r r Y a. s r s o1 �a . V" / '.. Jv rr F asa:_. " ' l8; <<Of,4, N GRAVELLj7 LC*I iei..w 30% SLOPES., !Ww `� N 0" ; ,"5!4 CO `4* T �y.s ' ; -..w. .. .a. . .•;421• . . �&Z .moo. ._ ,.i .,.....ae� ,.Yi,^>. Fnta. . ., . 'a.`.. se'.k�.-4444-.fir.. .. . .. i J ,. . w �@�.k �. "". ^z...^ o ,,., ., ^.° ._a.,.vrk •Wwc•b. .m, k�ca .wx �. � r.,. .,_ .�.,.. .'. 19 BLETHEN GRAVELLY LOAM 30 TO 60%SLOPES N 0 0 rT4 h '2 x r+ 3 g ,x. sr ei & .. 15 r r rn ✓,t'0?l c' Zc L -.. 20 BLETHEN; VERY BQULDERY` LOAM 5 TO ii-UW SLOPES , 0 v�. k 4 . a.... .. .,-�:.a.?vk . . . /r .. , /;_ .4 ..x rv,. . . 4 w..�.i - " "Iz�%s`?k 56. ... .. ...4 .. " , " , ,. 4 ✓.c :./ 0,: ,4 .., , ar i✓%'ME ^ N 21 BOROSAPRISTS - 0 TO 2% SLOPES N 0 0 , . .- 4 . O ° ' .... ` r s ,22 �k aRISCOT SILT eAM DRAINED 0-T 2 0 SLOPES wA- w -4 4 4 : _ .. L . r . •: . 2...;..- « R s€.�, . . V. - . , . - , , q, r Z4: ^.& Iw >. • 23 BRISCOT ORIDIA AND SUMAS SOILS - 0 TO 2% SLOPES N 0 5 ti24 � ` .CHl7L. . , „ . L©AM , TO 8% SLOPES �� r•' 0 x ;,� r," 1 � «, g.. &.:.✓ ? .. a. ".a;?/c... a �r� .k ✓'!` .. ;, . , . rr .t.., .t, r, `.' S�. . . .t ..; . ,. •. 4>. . _.,i /i�"_. r�, x . „4;..a'r N 25 CHUCKANUT LOAM-BEDROCK SUBSTRATUM - 5 TO 15% SLOPES N 0 0 yes 26< r CHUCKANUT LOAM BEDROCK SUBSTRATUM 75 T0r30 SSLOPES r✓ ¢ t `v �� / ✓ ;.;..., l r, r r a b Y 'ar.., ,.u.K.v r{ .. ., .".N 4 . . :4 ' a�."�09' ✓<.za.<, QxF r i - yS., ..a.,. n �U„.-, �a�Ms2 l..� ..,, w_ . - _ .,_...+..x. .°.,1x.z,,.3,;.�^✓z x4,4.✓ .. . .,.;ate,, � ...... 27 CHUCKANUT LOAM-BEDROCK SUBSTRATUM - 30 TO 60%SLOPES N 0 0 '28 5� r``C�' UCKANUT SNALCAR CO1viPLEX ' 0 TO 15° rSIOPES ` `" r s ,. N es )7. vnWJvs v _ .:4-.. w, .,, .^ .5. . ... rn, n ._...,i� . q o< r v. . •i "PP ,•/ ,.% . . a . .. .,"4 . . . " . .1:... . , n. .< . ... ^ •74:44-44"1-274.2 ",_ ... .. % ._,.v r,m .vh nc N r 29 CHUCKANUT-URBAN LAND COMPLEX - 5 TO 20% SLOPES N 0 O 30 • CLENDENEN GRAVELLY SILT LOAM - 5 TO 30%-SLOP ES 31 CLIPPER SILT LOAM-DRAINED - 0 TO 2% SLOPES y 2 2 ,$2 COMAR SILT LOAM 5 TO ,15% SLC)PES yes N 0 33 COMAR SILT LOAM - 15 TO 30% SLOPES N 0 0 yes 4 COMAR SILT LOAM 30 TO b0% SLOPES r '' / 4:i. . . . ... . ,. . ,.. J 4444 i. p N 0 �. .. 4444 � u r .. .. � _. ,., .. � . .,, .. ,.. ,. .. .. .. . . . .. . . � .,. . , ,.. . 35 CRINKER VERY CHANNERY SILT LOAM - 30 TO 60% SLOPES N 0 0 • 36 CUPPLES GRAVELLY LOAM '- S.TO 30% SLOPES 37 CUPPLES GRAVELLY LOAM 30 TO 60% SLOPES N 0 0 38 DEKAPEN LOAM 8 TO 25% SLOPES N' 0 „ ; 39 DEMING GRAVELLY SILT LOAM - 5 TO 30% SLOPES N 0 0 • Revised and adopted April 9, 2013 Page 22 40 D EMI11C CPA\%FI I' SIT LOAM - -5, O TO O 6O -: I SLOPES N 0 0 ,, ....:. 41 DIOBSUD GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 42 EDFRO VEP:; +-, I<AV 'ELLY SILT LOAF • - 2 TC> 3U% SLOPES N 0 0 43 EDFRO VERY GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0% 44 EDFRO VERY STONY SILT LOAM -'340TO 60% SLOPES ' N 0 0 45 EDMONDS-WOODLYN LOAMS - DRAINED - 0 TO 2% SLOPES - Y 3 3 46 6fUZA SILT LOAM - DR. NED 0 TOi%`SLOPES" � :. . ' • .c:...' s u . 0 0 ' " 47 ELIZA-TACOMA SILT LOAMS - 0 TO 1 % SLOPES N . 0 0 .. 48 ., .,, :_•. . .VEtrie : CRAVELLY:SANDY<:LOAM 7HARD;,SUBSTRATUM •'2'TO01L9• PE0 �`ii,., .. . . . i ' . ... . . 49 EVERETf VERY GRAVELLY SANDY LOAM - 8 TO 15% SLOPES N 0 0• 50 EVERETT VERYr:G RAVEL LY `SANPte LOAM - 15 -Pick:.35%%SLOPES`:;::. „ < ' '. N"''.,.; 0 51 EVERETT COMPLEX - 2 TO 8% SLOPES N 0 0 52 EVERETT-URBAN LAND COMPLEX - 5 TO 20% SLOPES N 0 - < O : : - .� :.: 53 EVERSON SILT LOAM-DRAINED - 0 TO 2% SLOPES N 2 2 54 r i51 f� RAP MUCK-DRAINED - 0 TO 1 ).10 SLOPES y 3 2 55 GALLUP SILT LOAM - 30 TO 60% SLOPES N 0 0 .. : 56 GALLUP SILT LOAM - 60 TO SOo%o.. :: N 0 0 57 GALLUP SILT LOAM-COLD - 30 TO 60% SLOPES N 0 0 GALLUP SILLOAM-COLD - 6O TO'80 L SLOPES " ' N ' 0 0 59 GEI-CHELL LOAM - 3 TO 30% SLOPES N 0 0 c d•0 ` GETCH ELL: LOAM - 30 TO 60°T SLOPES ':: 61 HALE SILT LOAM - 0 TO 2% SLOPES N 0 2 62 HALES:ILT LOAM-DRAINED - 0 .TO. 2%:SLOPES r ':: 63 HALLENTON SILT LOAM-DRAINED - 0 TO 1 % SLOPES N 0 2 64 HANNEGAN VERY GRAVELLY LOAM:- 15 TO 40% SLOPES 65 HARTNIT SILT LOAM-COLD - 5 TO 30% SLOPES N 0 0 56 HARTNIT SILT: LOAM-COLD - 30 TO 60°2o SLOPES N : 0 0 67 HARTNIT-GALLUP-ROCK OUTCROP COMPLEX - 50 TO 80% SLOPES N 0 0 68 :HEISLER VERY GRAVELLY SILT.: LOAM =:. 8-TO 30% N 0 0 69 HEISLER VERY GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 ;;:<70.' ' . ':.: ,HINKER VERY CHANNERY SILT LOAM - 5 TO 30% SLOPES ;:, N 0 O. 71 HINKER VERY CHANNERY SILT LOAM - 30 TO 60% SLOPES N 0 0 ' 72 : HISTOSOLS-PONDED'=' O TO Ph SLOPES . :. 73 HOVDE SILT LOAM - 0 TO 2 % SLOPES N 0 0 74 HOZOMEEN GRAVELLY LOAM - 20 TO 45% SLOPES . . 75 HYDRAQUENTS-TITAL - 0 TO 1 % SLOPES N 0 0 ''JACKMAN GRAVELLY SILT LOAM - 30 TO 60% SLOPES : N 77 JORGENSEN GRAVELLY SILT LOAM - 3 TO 15% SLOPES N 0 0 78 :' . `. JUG VERY: GRAVELLY LOAM -. 3 TO 15% SLOPES: ?:;:';:' N I 0 ' 0 79 KICKERVILLE SILT LOAM - 0 TO 3% SLOPES Y 1 1 80 KICKERVILLE SILT LOAM-3: TO 8% SLOPES Y 1 1 81 KICKERVILLE SILT LOAM - 8 TO 15% SLOPES N 0 0 yes 82' : KICKERVILLE-URBAN LAND COMPLEX - 0 TO 3% SLOPES N 0 0 83 KINDY GRAVELLY SILT LOAM - 8 TO 30% SLOPES N 0 0 84 .. KINDY GRAVELLY SILT LOAM - :30 TO 60% SLOPES N 0 0 Revised and adopted April 9, 2013 Page 23 85 KINDY-OSO COMPLEX - 5 T^ '0% SLOPES N • 0 0 86 K1.AWAITIVERY GRAVELLY LU.A,At - 30 TO 60% SLOPES N . 0 0 87 KLAWATTI V. GRAVELLY SANDY LOAM-SERPENTINE-10 TO 30% SLOPES N 0 0 88 KLAWATTI V, GRAVELLY SANDY I.OA1 i : RPEJTINE 10 TO =: 0`;[ SI CAPES N 0 0 89 KLAWATTI-ROCK OUTCROP COMPLEX - 60 TO 80% SLOPES . • • N • • 0 0 90 KLINE GRAVELLY SANDY LOAM - 2 TO 8% SLOPES N 0 0 91 KULSHAN LOAM - 5 TO 30% SLOPES N 0 0 . :vw. . 1 : 3 :-c.. ItTA , .. . , vi u. .x i " . . ..:., :+tii:.......,.,..:..S . .; _n. !....:'•:..::':..:.. :c i:!x .tiirl :' ''' ' '_' ' sa.•:.gl :! ti:•.:.:. ..si'i'' 92 ' KULHAN"`LOA 30 TO 60-/oxStOPES N O •: 0` . . . ..M. . 93 LABOUNTY SILT LOAM - 0 TO 2% SLOPES N 4 2 9.4r° LABOUNTY SILt ;LOAM DRAINED:-. O :TO 2% SLOPES ' ' .... ..,, 95 LARUSH SILT LOAM - 0 TO 3% SLOPES Y 3 3 '.L.:§6 LAXTON LOAM: =. O TO30%:SLOPES ;. 97 LAXTON LOAM - 3 TO 8% SLOPES Y 1 1 93 LAR-rc t-! ± )Atv1 - 8 TO 15% SLOPES N 0 0 yes 99 LYNDEN SANDY LOAM Y 1 4 100 HI : ? E7 ! SANDY LOAM - 3 TD 7 % SLOPES r 1 4 101 LYNDEN -URBAN LAND COMPLEX - 0 TO 5% SLOPES N 0 0 102 LYNNWOOD SANDY LOAM : 0 TO 5% SLOPES N 0 0 103 LYNNWOOD SANDY LOAM - 5 TO 20% SLOPES N 0 0 yes 104 MONTBORNE GRAVELLY LOAM - 5 TQ 3.0% SLOPES `''" ' • N : o ; o 105 MONTBORNE GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 106 A:MONTBORNE-R!NKER COMPLEX - 30 TO 60% SLOPES . : :. :. . . . : ::. ..:. ' . N 0 ... . 0 . : . .. . .: :: 107 MT. VERNON FINE SANDY LOAM - 0 TO 2% SLOPES Y 2 3 108 NATI LOAM .- 5 TO 15970 SLOPES; r_ , N L 0 0 ? Yes : : . . 109 NATO LOAM = 15 TO 30% I_ I : r L N 0 0 yes 110 NATI: LOAM - 30 TO 60% SLOPES N 0 0 111 NEPTUNE VERY GRAVELLY SANDY LOAM- 0 T - ' OPES N 0 0 112 OAKE:S:VERY GRAVELLY LOAM - 8 TO30% SLOP ES ; N 0 0 ' 113 OAKES VERY GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 114 OAKES:VERY GRAVELLY;LOAM -: 60 To 80% SLOPES N 0 0 115 ORIDIA SILT LOAM- DRAINED - 0 TO 2% SLOPES Y 3 5 116 PANGBORN:.MUCK- DRAIN ED =;O:TQ-;2% SLOPES: Y 117 PICKETT-ROCK OUTCROP COMPLEX - 5 TO 30% SLOPES N 0 0 118 ' PICKETT-ROCK OUTCROP COMPLEX - 30 TO 60% SLOPES N 0 0 119 PILCHUCK LOAMY FINE SAND - 0 TO 3% SLOPES N 0 0 129 : :,: :PITS. ' . : .. N 0 0 121 POTCHUB LOAM - 8 TO 30% SLOPES N 0 0 122 ::' ::, : P OTC HUB :LOAM : = 30 TO 60%SLOPES : 123 PUGET SILT LOAM-DRAINED - 0 TO 2% SLOPES Y 3 5 124 PUYALLUP. FINE. SANDY LOAM - 0 TO 2% SLOPES :. 2 3 • 125 REVEL LOAM - 5 TO 30% SLOPES N 0 0 126; REVEL LOAM - 30. TO 60% SLOPES N 0 0 127 REVEL-WELCOME-ROCK OUTCROP COMPLEX - 30 TO 60% SLOPES N 0 0 128 RINKER VERY CHANNERY SILT: LOAM - 8 TO. 30%SLOPES : : N : . 0 0. 129 RINKER VERY CHANNERY SILT LOAM - 30 TO 60% SLOPES N 0 0 • Revised and adopted April 9, 2013 Page 24 130 RIVERWASH N 0 0 - .. .r..a... . .. ... . . ... . >ave ., >... . . ... ......x.. .... . ... . .�_ x._ .. _ . ..n. . _ ... 131 ROCK OUTCROP • N 0 0 . • 132 ROCK OUTCROP-KULSHAN COMPLEX - 60 TO 90% SLOPES N 0 0 133 RUBBLE LAND N 0 0 134 SAAR GRAVELLY SILT I < )APA - 5 TO I0'Sip SLOPES N 0 0 • 135 SAAR GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 x�.�.n.... N 0 0 1'36.1 SAAR=NARTNIT COMPLEX`. 5 TO 40%a SLOPES 137 SAN DUN VERY GRAVELLY SANDY LOAM - 5 TO 30% SLOPES • N • • 0 0 . -.• .. .i _.,, .Po .... . ... . V .. , _. . .. ,..kM... . . „ . ,,p„ g„ Irx� 7;. x"' '� '. . 138 SANDUN`VERY GRAVELLY SANDY LOAM 3070 60% SLOPE 10 0 ' ' " "z 139 SEHOME LOAM - 2 TO 8% SLOPES Y 0 1 140 . ,. : SEHOM£=Been :•:8 T0:.):%: SLOPES . : .. . ..Y': ` : F y`,: !PP, d. P„,:, es.,. . .. 141 SEHOME GRAVELLY LOAM - 15 TO 30% SLOPES . N 0 0 yes 142 5E4OME GRAVELLY10A4 - 30 T0 .60%o SLOPES: • • N 0 , 0 . x E. • • ` ,,.,. . :. '.rxr° " .Ftir,:::,c::r:- .s;.• , z : :::;:ky:xv� -:Ra.. .x .c :u. 143 SHALCAR MUCK-DRAINED - 0 TO 2% SLOPES Y 3 2 144 SHALCAR AND FISHTRAP •SOILS - 0 TO 2% SLOPES N 0 145 SHUKSAN GRAVELLY SILT LOAM - 5 TO 30% SLOPES N 0 0 146 SHUKSAN GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 147 SHUKSAN-KULSHAN-ROCK OUTCROP COMPLEX - 50 T z.(' : SLOPES N 0 0 148 SKIPOPA SILT La. AM - 0 TO 8% SLOPES Y 0.•: ' • 1 149 SKIPO PA-BLAINEGATE COMPLEX - 0 TO 8% SLOPES N 0 0 r'.150? SKYKOMISH VERY,GRAVELCY..LOAM• .)°TO. 30% SLOPES : • • • . '' 151 SNOHOMISH SILT LOAM-DRAINED - 0 TO 2% SLOPES Y 3 5 : 152 SNOQUALMIE GRAVELLY LOAMY SAND -: 676.3% SLOPE • • ) .. 153 SORENSEN VERY GRAVELLY SILT LOAM - 8 TO 30% SLOPE _ "'j 0 0 1;54 ; SORENSEN VERY:.GRA:VELLY SILT LOAM - 30 TO 60°l0S..LOPES N . . 0 0 155 SPRINGSTEEN VERY GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 156 SQUALICUM GRAVELLY LOAM - 5 TO15°/6 SLOPES . N • • 0 . :: . 0 yes 157 SQUALICUM GRAVELLY LOAM - 15 TO 30% SLOPES N 0 0 yes 158 SQUALICUM:. GRAVELLY LOAM ,- 30 TO 60% SLOPES. N 0.:; . 0 : 159 SQUALICUM-URBAN LAND COMPLEX - 5 ATO 20% SLOPES N 0 0 x '.160 SQUIRES VERY CHANNERY LOAM H5 TO 30% SLOPES ': , • 161 SQUIRES VERY CHANNERY LOAM - 30 TO 60% SLOPES N 0 0 :•:162 . SUMAS SILT LOAM-DRAINED -. 0 T.0.2% SLOPES . . :. ' : . .-% 163 TACOMA SILT LOAM - 0 TO 1 % SLOPES N 0 0 164 . . .. TACOMA SILT LOAM-DRAINED - 0 TO 1 % SLOPES . `• N 0 . .. . . . .0. 165 TROMP LOAM - 0 TO 2% SLOPES Y 1 1 166 i TWINSI VERY •GRAVELLY LOAM - 30 TO 60% SLOPES . • . N 0 • 0 . 167 TWINSI VERY STONY LOAM - 30 TO 60% SLOPES N 0 0 168 :••• • :: ' .TYPIC •CRYORTHODS :=,60 TO 90% SLOPES. ;:•.: ::< '•.. 169 TYPIC CRYORTHODS-ROCK OUTCROP COMPLEX - 60 TO 90% SLOPES N 0 0 :: ;170. • : TYPIC PSAMMAQUENTS-TIDAL - 0 TO: P/aSLOPES . .. :. .. :. . • N .. . ;. , . .'. .::. ! 0.. . '...:. ': : : :; .: 0: • • 171 URBAN LAND N 0 0 172 • URBAN LAND-WHATCOM-LABOUNTY COMPLEX - 0 TO 8% SLOPES • N • 0 0 • • • 173 VANZANDT VERY GRAVELLY LOAM - 5 TO 15% SLOPES N 0 0 174 VANZANDT VERY GRAVELLY LOAM - 15 TO 30°k SLOPES • • N 0 0 Revised and adopted April 9, 2013 Page 25 175 VANZANDT VERY GRAVELLY LOAM 30 TO 60°/o SLOPES 177 WELCOME LOAM 30 TO 60% SLOPES ' 0 zv?78 @ _ , .G- vi o ty 0 a 4 's ma x , ' :179 WHATCOM SILT LOAM= 3 TO 8°; SLOPES ', • Y 4 1 181 WHATCOM SILT LOAM 30T0 60%o SLOPES ‘ < _ N Q 0 jaa 183 . WHATCOM LABOUNTY SILT LOAMS 0 TO X15%;SLOPES its sue` t9f. �/Mx ex w s 184 ��iTHzC3R7wW1 ® ° . ,®P Y� � Z ��� °. S..1.s/L�",k: , re„4,ar?✓f `a>tY. 4r,,�.=..� '. .- >' ohs, T �4u� i+ '°oazoo' ..1 `` a ,�;`, 185 , ' WICKERSHAM CHANNERY SILT LOAM' - 0 TO B%SLOPES ° .. ... ,s4::,242,,, .:. 4� C n n . a t- fi ri ✓ i�Z ' * ).. r .•B . i > ✓ ! ro25,�+ '� 2/:/a,*x . 187 WINSTON LOAM:- 3 TO 15% SLOPES . N 0 0 Yes' $ $Tf33�f4LOAMs 6 e�9 . S .W a "-�'s �,t y ,AC .. �(}` c• , ✓W ✓g W ..-.?.•<••0 •: ,tom',. . ^ ✓,. ' %Si ,Gds✓? ,,: . ' , ,ar. 's...-S S' . m'�.rx�`y" � . � . - SS' 189 WISEMAN .VERY CHANNERY SAND ',LOAM - 0T0 8% SLOPES � 5x ,19U O�RD GRAB L S 4 , A po SL{?PES ,� ,,,-A � y '6 , e jn�,W+, c, ✓� � "s-ter ,� 'a kt t � < t ° e rt� oxt,Y + ?.r �. S' A / ,��' Q k ✓ rl i.. �/ z, xx, a.�a ��. a :;.�w.a�y.wr-.�i.iv;/.4y..,�.u. 7.. s�, 3. °i4o:�w`�waEUa�..ea�u _�"'^'�a.e..m . :a.. . ..wx.„✓„,um,. ,✓a�,.�rk, :✓ .ac,uz ' 191 m . LO:,. Ax M -,, 3 W v TO L 8CO SM LO?LPEE�S r TO % ESt x A- . .. �� vt�. fi te . F x�Y A a ., ✓ .v 1 x i ' - . 1 r a r :r wrri i + 11..2 y qY a M= ,;RBA e N 3 , s v ' a -� . ` ” < � s, x t a 94fl4 A ? ✓ Z S P . .b : a �c 0. k.. ' , t s A ^ a % i y , � K � � m - � , _i �. • .. .�¢®�n `‘��d��� ... iY rri x ✓ �„ „ a ✓�g,G d x G �. W, V ,A\�: ...\� . 2 . .. .. ,Ar �; VA . �uz �r � 5 • Revised and adopted April 9, 2013 Page 26 APPENDIX D Model Conservation Easement Deed A sample Conservation Easement Deed based on the assumption of matching funds from the USDA-NRCS Farm and Ranch Lands Protection Program, is included in the following pages. a Revised and adopted April 9, 2013 Page 27 After Recording Return To : Whatcom Land Trust P .O. Box 6131 Bellingham, WA 98227 DOCUMENT TITLE: WHATCOM COUNTY CONSERVATION EASEMENT � . GRANTOR: '` v�' ` . GRANTEES : WHATCOM LAND TRUST AND WHATCOM COUNT4,Y „ ABBR. LEGAL DESCRIPTION: P# ancIP#y except rds. F AGRICULTURAL CONSERVATION EASEMENT DEED This Conservation Easement Deed ("Deed") is made and entered into this day of 20 , by ("Grantor"), the WHATCOM LAND TRUST ("Trust"), and WHATCOM COUNTY, WASHINGTON ("County") ("Grantees") ; and the United States Depaihnent of Agriculture Natural Resources Conservation Service ("NRCS") acting on behalf of the Commodity Credit Corporation, as its interest appears herein. RECITALS . The following recitals area;material part of this Easement. A. Grantor is fee simple owner of real property (the "Protected Property") in Whatcom County, Washington, that is the subject of this Easement. Exhibit A is the legal description and Exhibit B is a site plan for that Protected Property, both of which are attached and incorporated herein by reference. B . The Federal Farm and Ranch Lands Protection Program's purpose is to partially fund the purchase of conservation easements on land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses ( 16 USC 3838h - 3838i) . That Grantor acknowledges that $ was provided by the United States Department of Agriculture (United States), through the Farm and Ranch Lands Protection Program, and thus entitles the United States to the rights identified herein. C. While "Grantees" include the Whatcom Land Trust and Whatcom County, use of the term "Grantees" does not imply that joint approval is required to exercise Grantees ' rights and responsibilities under this Easement. Those rights and responsibilities may be independently exercised by any Grantee. D. The Protected Property is approximately acres and is currently farmed. E. The Protected Property has significant agricultural value to' Grantees and to the people of Whatcom County and the State of Washington. The agricultural values include productive soil types and agricultural infrastructure as described in Exhibit D. •▪ `% F. Grantor and Grantees agree that the conveyance of ng• hts� and imposition of restrictions described in this Easement furthers the intent of Whatcom County Ordinance No. 2002-054, provided in Exhibits €€ to preserve land`for agricultural purposes and has substantial public benefits. G. As owner of the Protected Property; Grantor has the right to Convey the rights and restrictions contained in this Easement in ,perpetuity. II. CONVEYANCE AND CONSIDERATION. A. For the reasons stated above, in consideration; of mutual covenants, terms, conditions, and restrictions contained in tins: Easement, and in consideration of payment of $ by Whatcom County and the States to Grantor, Grantor hereby grants, conveys and warrants to Grantees a Conservation Easement in perpetuity over the Protected Property, consisting. of certain rights and restrictions as defined in this Easement Deed. B . This Easement- Deed is .,a conveyance of an interest in real property under the provisions of RCW 64.04 . 130 . C. °Grantor and;. Grantees intend that this Easement run with the land and that it shall be binding upon Grantor' s, successors and assigns in perpetuity. III. PURPOSE. The purpose of this Easement is to : ( 1 ) protect the present and future ability to use the Protected Property for agricultural purposes; (2) preserve the soil as a valuable resource and prevent activities that will impair the ability, now or in the future, to use the soil to produce food and fiber; (3) enable the Protected Property to remain in agricultural use for the production of food and fiber by preserving and protecting in perpetuity its agricultural values, character, use and -2- utility, and to prevent any use or condition of the Protected Property that would significantly impair or interfere with its agricultural values, character, use or utility. This statement of purpose is intended as a substantive provision of the Easement. Any ambiguity or uncertainty regarding the application of the provisions of this Easement will be resolved so as to further this purpose. The grant of this Easement will also serve the "conservation purpose" of farmland protection as identified in Section 170(h)(4)(A) of the Internal Revenue Code. IV . RELATIONSHIP OF PARTIES . sf pad A. Unless noted otherwise, Whatcom County and the Whatcom ':, Land Trust share all rights and responsibilities of Grantees under,, this Easeme`nt For purposes of administering, monitoring and enforcing the terms of the Easement the 'Whatcom Land Trust is the lead Grantee unless Grantor is notified otherwise ° As the lead Grantee, the Whatcom Land Trust has authority to act alone and at its sole discretion in exercising all rights and responsibilities of Grantees under this Easement. Grantor shall treat the Whatcom Land Trust as its contact for all matters regarding this Easement. Whatcom County arid °t the�y Whatcom Land .. Trust may jointly take enforcement action, or if the Whatcom Land Trust fails to enforce the terms of this Easement, Whatcom County may do so alone B . The Trust will consult the County f regarding any violation of the Easement that threatens the purpose of this EasementFas described in Section III. If a less serious violation is determined to have occurred;F"the Trust will report to the County the nature of the violation and the response to that violation by the Trust. C . The above /Section IV.A. does not pertain to monitoring and enforcement of a conservation plan, the responsibility for which rests with the Natural Resource Conservation_. Service 'and Whatcom County as described in Section VIII A below. V. ?;RIGHT OF ENFORCEMENT. Under this Conservation Easement, the United States, in conjunction with Whatcom Land Trust and Whatcom County, is granted the right of enforcement in order to protect the public investment. The Secretary of the United States Department of Agriculture (the Secretary) or his or her assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under State or Federal law if the Grantees fail to enforce any of the terms of this Conservation Easement, as determined in the sole discretion of the Secretary. VI. PERMITTED USES AND ACTIVITIES . -3 - Grantor may: A. Engage in the production of food and fiber and other uses and activities consistent with the purpose of this Easement so long as those uses or activities are not expressly prohibited in Section VII below. B. Continue any use or activity not permitted by this easement at the ..time this Easement \/ is signed provided it is not contrary to the purposes of this Easement and provided that such use or activity is described in this section. }A;,., C . Existing agricultural structures may be removed, maintained, expanded or "replaced r • and new agricultural structures, and improvements used primarily for agricultural N.enterprises may be constructed by the Grantor on the Protected Property within the "Farmstead", as defined in Section XII of this Easement, and shown w/Exhibit B , so long as expansion or new construction does not exceed the area'`' of impervious surfaces allowed in Section VII D. Agricultural structures may include, without limitation, offices, warehouses, temporary faun worker housing, livestock housing and related structures, equipment storage and maintenance facilities, facilities related to the processing and sale of.`:farm products-predominately grown on the Protected Property, so long as the structures' primary use is to support the agricultural activities on the Protected Property or agricultural activities on other property under the control of the Grantor. D . New agricultural buildmgs, ; structures or improvements proposed for locations outside of "Farmstead Area" may be built or placed only with the written permission of the Grantee. Permission shall be granted only if the agricultural productive capacity and open space character of the'P=rotected Property are not significantly impaired by the construction and use of such structures, disturbance to prime, unique and important soils is minimized and all structures individually and combined are consistent with the terms of this Easement. For the purposes of this section, temporary hoop-houses and temporary:, greenhouses with no foundation are not considered agricultural buildings, structures, or improvements that require Grantee permission. E. On the "Homesite", as defined in Section XII of this Easement, and shown on Exhibit B, remove, maintain, remodel, and replace a single family residence and engage in any uses or activities that do not impair the ability to farm the remainder of the Protected Property in the present or future and that are not prohibited by Section VII below. F. Plant trees on the Agricultural Land, as defined in Section XII of this Easement only as follows: -4- 1 . Maintain a woodlot not to exceed 2 acres for the production of firewood to be used on the Protected Property; 2 . Plant Christmas trees and short rotation hardwoods not subject to the excise tax imposed by RCW 84 .33 , provided that adequate provision is made for the removal of trees, including stumps and roots, at the termination of the Christmas tree or short rotation hardwood farming operation. 3 . [May add allowance for installation/maintenance of trees/on riparian portion if t; applicable; according to CREP lease or BMPs. ] `�/ G. Install a small-scale wind power generator for the pnmary : purpose°of generating electric power for use on the Protected Property, provided however that incidentally generated excess power may be sold through the electric grid and further,provided that Grantee must approve the scale and location of any such small scale wind power generator prior to installation. � . VII. PROHIBITED USES AND ACTIVITIES. Unless specifically permitted by Section. VI above,: and as may be necessary to carry out those reserved rights, Grantor shall not engage to or permit any of the following activities on the Protected Property: A. Use or activities inconsistent with the purpose;of this Easement. B . Legal or "de facto" division, subdivision, or partitioning of the land or the separate sale of any portion of the Protected Property, even if that portion of the Protected Property constitutes a separate legal parcel. This restriction does not prohibit minor boundary line adjustments with adjoining agricultural land, provided there is no net loss in total acreage and no net loss of quantity or quality of Agricultural Land to the Protected Property, provided that no new parcel may be created by such boundary line adjustments, and provided Grantor has obtained prior approval of the Trust Grantee. Any new land gained through a boundary line adjustment is subject to the terms of this Easement Deed. C . Place or construct any residential building, structures, or other residential improvements of any kind except those utilized to house farm workers, and except that an existing single family structure within the "Homesite" may be improved, repaired or replaced and may be expanded only to the extent that it does not exceed 3 ,000 square feet total dwelling space. D. Cover more than two percent (2%) of the area (approximately square feet) of the Protected Property with impervious surfaces, including, without limitation, asphalt, concrete, gravel, buildings, or ponds, except animal waste holding ponds. -5- E. Construct or expand non-agricultural structures or facilities beyond the boundaries of the "Homesite" as identified in the Baseline Data (Exhibit D) at the time of the signing of this Easement Deed. F. Conduct any non-farm related commercial activity using over one percent ( 1 %) or one acre of the Protected Property, whichever is less, unless /that non-farm related commercial activity utilizes buildings existing at the time the :Conservation Easement is signed and does not involve installation of facilities oziexpenditure of capital that would hinder the future use of buildings for agricultural<p'urposes /. ' G. Conduct any use or activity that removes or degrades the soil or mpairs the/ability to farm the Protected Property except for conservation or best management practices as specified in the NRCS Field Office Technical-F aide for Whatcom County. H. Transfer, encumber, sell, relinquish, forfeit ors otherwise separate'`water rights from • title to the Protected Property, except that, with the `consent of the County, water rights may be either leased for a pertod�&not to exceed ten years for beneficial use for agricultural activities only onsland other than the Protected Property, or temporarily enrolled in the state Trust Water Right Program for a period not to exceed ten years, or conveyed to the County as provided in Section VIII below. I. Mine or extract soil gravel, oil or other mineral, except that Grantor may extract soil, sand, and'gravel solely for a permitted use on the Protected Property in a manner consistent with the conservation purposes of this easement. Such alteration shall not, two acres: , Land subject to such alteration shall be returned to pre- activity conditions in accordance with baseline data set forth in Exhibit D. J. Use off-road motor, vehicles 'on the Protected Property or grant permission for such use except as necessary in the accomplishment of the agriculture, forestry, habitat management, law enforcement and public safety, or conservation uses of the Protected Property that no use of motorized vehicles shall create impacts that are detrimental to the productivity of the soils on the Protected Property and the Purposes of this Easement Deed. K. Grant easements or rights-of-way for power lines, gas lines, sewer lines, water lines, telecommunications towers, and wind farms. L. Expand or intensify any use or activity existing at the time this Easement Deed is signed that is contrary to the purpose of this Easement or prohibited in this section. VIII. WATER RIGHTS . -6- A. The Parties agree that the Water Rights must be maintained on the Protected Property to ensure the protection of the Agricultural Values . B. Grantee Trust will include in Baseline Data a copy of the documentation and any information available from Grantor regarding the history of the claimed water rights. In its monitoring visits, Grantee Trust will inquire regarding the/status and protection of water rights and will include in its Annual Monitoring Report any new information about water rights on the Protected Property and concerns, if any; about whether water rights are being protected. If at any time Grantee Trust believes that Grantor is N.< •.• not sufficiently informed about protecting Grantor' s water rights Grantee Trust will refer Grantor to Whatcom County and will urge Grantor to take\\the Water Rights protection actions in Section VII. H. ....R, C . Under this Easement, Grantor is obligated to take appropriate action to protect water rights on the Protected Property. Section- IV. RELATIONSHIP OF PARTIES notwithstanding, Whatcom County, not the Trust, has responsibility for enforcing this Grantor obligation. If Grantor fails to take appropriate action to protect water rights on the Protected Property, Whatcom County may pursue remedies in accordance with Sections XIII and XIV of this Easement or may itself take appropriate action to protect the water rights. D . If Grantor is unable or unwilling to take the Water Rights protection action cited in Section VII. H , and the Water Rights are under threat of abandonment, relinquishment, loss or forfeiture; (,Grantor shall convey ownership of said Water Rights to County for use on this property. Excess water not used on this Protected Property may be leased for agricultural activity elsewhere in Whatcom County. IX. CONSERVATION;PLAN. A. As required by section 1238I of the Food Security Act of 1985 , as amended, the Grantor;,: its successors, or assigns, shall conduct all agricultural operations on the Protected Property in a manner consistent with a Conservation Plan prepared in consultation ` with NRCS and approved by the Conservation District. This conservation plan shall be developed using standards and specifications of the NRCS Field Office Technical Guide and 7 CFR Part 12 that are in effect on the date this Easement Deed is executed. However, the Grantor may develop and implement a Conservation Plan that proposes a higher level of conservation and is consistent with NRCS Field Office Technical Guide standards and specifications . The Conservation Plan is incorporated into this Conservation Easement Deed by reference. NRCS shall have the right to enter upon the Protected Property, with advanced notice to the Grantor, in order to monitor compliance with the Conservation Plan. -7- In the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with the conservation plan, NRCS will inform the County of the Grantor' s noncompliance. The County shall take all reasonable steps (including efforts at securing voluntary compliance and if necessary, appropriate legal action) to secure compliance with the conservation plan following written notification from NRCS that (a) there is a substantial, ongoing events or circumstance of non- compliance with the conservation plan, (b) NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted\ ts appeal rights under applicable NRCS regulations. If the NRCS standards and specifications for higl ly erodible land are `revised after the date of this Deed based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and implement a revised Conservation Plait The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are'` not intended to affect other natural resources conservation requirements to which the Grantor may be or become subject. B . For the purpose of this Conservation Easement, references and requirements relating to highly erodible lands do not apply to land over which this Conservation Easement is granted. There are no highly erodible lands on the Protected Property and none have been designated ui Whatcom County. X. RIGHTS CONVEYED TO GRANTEES . To accomplish the purpose of this Easement, the following rights are conveyed to Grantees: A. To'accomplish the purpose of this Easement and to enforce specific rights and restrictions contained in the Easement Deed. B . (1 ) To enter the land at least once a year, at a mutually agreeable time and upon notice to the Grantor, for the purpose of inspection and monitoring compliance with this Easement; (2) To enter the land at such other times as necessary if the Trust has reason to believe that a violation of the Easement is occurring or has occurred, for the purpose of mitigating or terminating the violation and otherwise enforcing the provisions of the Easement. Such entry will be with prior notice as is reasonable under the circumstances. -8 - C. In the event of uses or activities inconsistent with the purpose and provisions of this Easement, The Trust may obtain damages, an injunction, abatement, rescission, restoration and any other remedies available in law or equity. D. Forbearance by The Trust to exercise any rights under this Easement in the event of a breach shall not be deemed to be a waiver of Grantees ' rights under the Easement. XI. NO PUBLIC ACCESS . This Easement provides no right of access to the general public. y , XII. BASELINE DATA. To establish the present condition of the Protected. Property so3 thatGrantees are able to monitor r' future uses and assure compliance with the ;terms of this Easement, ,Grantees will at their expense, by the date of this Easement prepare baseline data sufficientto establish the condition of the Protected Property as of the signingpf this Easement Deed. The baseline data may consist of reports, maps, photographs, and other documentation, Grantor and Grantee will execute a statement verifying that the baseline data accurately represents the condition of the Protected Property as of this time. Baseline data is containedkin ExhibitD . The baseline data will delineate the Homesite, Farmstead and/Agricultural Land as defined below. The baseline data will specifically identify the extent of the Homesite, which includes that portion of the Protected Property used for residential buildings and buildings and uses accessory to residential buildings. The Homesite as delineated in the baseline data shall not exceed one acre, or the area actually;;-used for residential purposes at the time this Easement is signed, whichever is greater. The baseline. data will specifically establish the extent of the Farmstead, which includes that portion of the -Protected Property used for agricultural buildings, structures and improvements and these adjacent areas where future expansion of buildings, structures and improvements are contemplated. The area not included in either the Homesite or Farmstead will be depicted under the category of Agricultural Land. Agricultural Land may include nonfarm areas such as critical areas and woodlands as well as cropland or grazing land. XIII. INFORMAL DISPUTE RESOLUTION. Grantor agrees to notify the Trust of any intended action that a reasonable person might believe would violate the terms of this Easement. Should a dispute arise concerning compliance with this Easement, Grantor and the Trust will meet within 15 days to discuss the matter in dispute. By -9- mutual agreement, the Grantor and the Trust may agree to refer the matter in dispute to mediation or arbitration under such rules as the parties may agree. If arbitration is pursued, the prevailing party will be entitled to such relief as may be granted, to a reasonable sum for its costs and expenses related to the arbitration, including fees and expenses of the arbitrator and attorneys. The Trust may, at its discretion, forgo these informal dispute resolution alternatives if continuation of the use or activity in dispute threatens the purpose of this Easement. K zet XIV. GRANTEES ' REMEDIES . ; k C AIN , N)3 ■ w A. If Grantees determine that the Grantor is in violation of the terms of this Easement or that a violation is threatened, Grantees shall givewritten notice to$ the Grantor. of such violation and request corrective action sufficiet to cure the violation and to restore the Protected Property to its prior condition.t 4A,../: .: . ft. tq \ 1• B . If Grantor does not take immediate action to cure ;the violation and restore the Protected Property, Grantees may institute legal proeEedmg ""for injunctive relief,N abatement, restoration, or damages iiicludm.g ?costs and attorneys ' fees reasonably incurred in prosecuting the action, and anyNother remedies available in law or equity. C . In the event Grantees take legal action to enforce , the terms of this Easement, the cost of restoring the Protected Property`and,,Grantees' "reasonable enforcement expenses, including attorneys' and consultants' fees, shall be borne by the Grantor. In the event Grantees secure redress for ,,an Easement ;violation without initiating or completing judicial proceedings, the cost of such restoration and reasonable expenses shall be borne by the Grantor. If ;Grantor Ultimately prevails in any judicial proceedings initiated by Grantees to enforce the terms of this Easement, each party shall bear its own costs D. If ;Grantees, in _their sole discretion, determine that circumstances require immediate action to prevent or mitigate significant damage in violation of this Easement, Grantees,may immediately pursue their legal remedies without prior notice to Grantor as set forth=in paragraph A . E. Grantees may not recover damages or require restoration for damage to the Protected Property resulting from causes beyond Grantor' s control, such as fire, flood, storm, or earth movement that Grantor could not reasonably have anticipated or prevented. XV. RESPONSIBILITY FOR COST AND LIABILITIES . Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Protected Property, including maintenance - 10- of adequate liability insurance and payment of all taxes. Grantees assume no affirmative obligations for the management, supervision or control of the Protected Property or any of the activities occurring on the Protected Property. Grantor shall indemnify Grantees and the United States, and hold Grantees and the United States harmless from all damages, costs (including, but not limited to, attorneys ' fees and other costs of defense incurred by Grantees), and other expenses of every kind arising from or incident to any claim or action for damages including but not limited to the release, use or deposit of any hazardous material (as defined in Section XIX. L. below) on the Protected Property, injury or loss suffered or alleged toihave been suffered on or with respect to the Protected Property. 1/4' \ ee XVI. EXTINGUISHMENT AND TRANSFER. , y,kt K / A. If circumstances arise that render the purposed of this Easement:I possible to accomplish, the Easement can be extinguished onlybyjudicial proceedings and upon approval of the United States . In the event of such an extinguishment or the taking of the Protected Property by the exercise of the power of eminent domain, Grantor shall pay to Whatcom County and the United States in proportion to their contribution to the purchase price. At the time this Deed was recorded the United States contribution was 50 percent and Whatcom County's contribution was 50 percent. The amount owed to the United States and Whatcom County shall be determined by subtracting the fair market value of the Protected Property subject to this Easement from the fair market value of the Property r unrestricted by this Easement, at the time of extinguishment or condemnation. B . Grantor agrees to : 1 . Incorporate the terms of this Easement by reference in any deed, lease, executory contract or other legal instrument by which it divest itself, or intends to divest itself, of any permanent or temporary interest in the Protected Property. 2. Give written notice to the Grantees of the transfer of any interest in the Protected Property no later than 45 days prior to the date of such transfer. Such notice shall include the name, address, and telephone number of the prospective recipient. Failure to provide such notice to the Grantees shall not limit the legal obligations imposed by this Easement on any recipient of an interest in the Protected Property. C . Whatcom Land Trust' s rights and interest in this Easement are assignable only to an agency or organization that is approved by United States and Whatcom County and authorized to hold conservation easements under RCW 64 .04 . 130 or RCW 84. 34.250, or otherwise qualified at the time of transfer under Section 170(h) of the Internal - 11 - Revenue Code of 1986, as amended. As a condition of such transfer, Grantees shall require that the transferee exercise its rights under the assignment consistent with the purpose of this Easement. Grantees shall notify Grantor in writing in advance of such an assignment. The failure of Grantees to give such notice shall not affect the validity of such assignment, nor shall it impair the validity of this Easement or limit its enforceability. XVII. AMENDMENT. Upon approval of the United States, Grantor and all Grantees may agree&to amend this Easement provided that such an amendment does not diminish the, effectiveness Of this Easement in carrying out its purpose and that the result of the amendment is to strengthen the ;effectiveness of the Easement. % ; XVIII. SUBORDINATION. Any mortgage or lien arising after the :-,date of this conservation easement Deed shall be subordinated to the terms of this easement, ,;substantially in the form of the instrument attached hereto as Exhibit F. XIX. GENERAL PROVISIONS A. Notices. Any notice under: this Conservation Easement Deed must be in writing and be personally delivered, delivered by _recognized overnight courier service, given by mail or via facsimile. E-mail transmission of notice shall not be effective. All notices must be addressed to the parties at the following addresses, or at such other addresses as the parties may from time to time direct in writing: Grantor: Grantee, Trust: Whatcom Land Trust PO Box 6131 100 Central Ave Bellingham, WA 98225 - 12- Grantee, County: Whatcom County Attn: Agricultural PDR Administrator 5280 Northwest Drive Bellingham, WA 98226 USDA-NRCS : USDA-NRCS 316 West Boone Avenue WA 99201 s:. Any notice will be deemed to have been given, when :ypersonally ,delivered, and if delivered by courier service, one business day after deposit with‘the courier service, and if mailed, two business days after deposit in the U. S , mail, and if delivered by facsimile, the same day as verified. B. Controlling Law. ? , , The interpretation or performance of this<,Easement shall bxeN governed='by the laws of the State of Washington. Any legal proceeding regarding this`Basement shall be initiated in Whatcom County Superior Court. 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 and the policy and purpose of RCW 64.04 130 and Chapter 84.34 RCW and Whatcom County Ordinance 2002-054 If any pro--vision in this instrument is found to be ambiguous, an interpretation consistent with the purpose ' of this Easement that would render that provision valid shall be favored;over an interpretation that would render it invalid. D . Severability. r If any provision of this` Easemont, or its application to any person or circumstance, is found to be invalid the remainder of the Easement, or its application of such provision to persons or circumstances other than those to which it is found to be invalid, as the case may be, shall not be affected. E. Entire Agreement. This instruments sets forth the entire agreement of the parties with respect to the Protected Property and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Property, all of which are merged into this Easement. F. No Forfeiture. Nothing contained in this Easement will result in a forfeiture or revision of Grantor' s title in any respect. G. Warranty of Good Title. - 13 - Grantor warrants that Grantor has good title to the Protected Property; that the Grantor has the right to convey this conservation easement; and that the Protected Property is free and clear of any encumbrances other than those listed below. H. Grantor-Grantees. The terms "Grantors" and "Grantees," wherever used in this Easement, and any pronouns used in their place, shall be held to mean and include respectively the above named Grantor, its, successors, and assigns, and the above-named Grantees, their successors and 4:47 assigns. 4/i A \f \ " Successors and Assigns . , ?.,22% ' y The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties to this Easement and their respecti ,ve, successors, and assigns, and shall continue as a servitude rumuug in perpetuity with : the Protected Property. J. Federal Enforcement. In the event that the Grantees fail to 'enforce. the terms of this Easement as determined in the sole discretion of the Secretary of the :United States Depaitment of Agriculture (" Secretary"), the Secretary, hisFor , cr successors and assigns shall have the right to enforce the terms of the Easement through any andall authorities available under Federal or State law. In the event that Grantees attempt to terminate, transfer or otherwise divest themselves of rights, title or interest in the Easement or extinguish the Easement without prior consent of the Secretary, all right, title, or interest in this Easement shall become vested in the United States of America K. General Indemnification Grantor shall indemnify and hold harmless Grantees, their employees, agents and assigns for any and all.- liabilities, ;claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings,. actions and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorney's fees' and attorney' s fees on appeal) to which Grantees may be subject or incur relating to the Protected Property, which may arise from, but is not limited to, Grantor' s negligent acts . or omissions or Grantor' s breach of any representation, warranty, covenant, agreements contained in this Conservation Easement Deed, or violations of any Federal, State, or local laws, including all Environmental Laws. L. Environmental Warranty Grantor warrants that it is in compliance with, and shall remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non-compliance with or any liability under any Environmental Law relating to the - 14- operations or conditions of the Protected Property. Grantor further warrants that it has no actual knowledge of a release or threatened release of Hazardous Materials, as such substances and wastes are defined by applicable federal and state law. Moreover, Grantor hereby promises to hold harmless and indemnify the Grantees against all litigation, claims, demands, penalties and damages, including reasonable attorneys ' fees, arising from or connected with the release or threatened release/of any Hazardous Materials on, at beneath or from the Protected Property, or amine from "or connected with a violation of any Environmental Laws by Grantor or any/other pros owner of the Protected Property. Grantor' s indemnification obligation shaltnot be affected by any • authorizations provided by the Trust, the County, or the United States to Grantor With respect to the Protected Property or any restoration activities carried`out by the Tr mst or the County at thOProtected Property; provided, however, that Grantee shah beer E7 responsible for any Hazardous Materials contributed�'after this date to; the Protected Property by Trust or the County. "Environmental Law" or "Environmental. Laws" means any and all Federal, state, local or , municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authorty:regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and 'community`rght-to-know, hazard communication, noise, radioactive material . resource protection, subdivision, inland wetlands and watercourses health protection and similar environmental health, safety, building and land use as may now or atAany time be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous "wastes, hazardous substances, extremely hazardous substances, toxic substances; toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. XX. SCHEDULE OF EXHIBITS . A. Legal Description of Property Subject to Easement B . Site Map C . Ordinance # 2002-054 D. Baseline Data E. Water Rights F. Subordination Agreement example - 15- TO HAVE AND TO HOLD unto Grantees and the United States of American; and their successors, and assigns forever. REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW X k a 3 , \ r d -_,4 -,,, ,ef L. — 16— IN WITNESS WHEREOF, the undersigned Grantor has executed this instrument this day of , 20 Grantor N. cv A ty ;° • +N / STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned m the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notarial stamp/seal) - 17- WHATCOM COUNTY does hereby accept the above Agricultural Conservation Easement Deed. Dated: Grantee By Pete Kremen, County Executive, Approved as to Legal Form: By Senior Civil\Deputy Prosecuting Attny STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to " execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and pu%poses mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notarial stamp/seal) - 18- ACCEPTANCE OF PROPERTY INTEREST BY THE NATURAL RESOURCES CONSERVATION SERVICE The Natural Resources Conservation Service, an agency of the United States Government, hereby accepts and approves the foregoing conservation easement deed, and the rights conveyed therein, on behalf of the United States of America. v, r -.. . t.. Authorized Signatory for the NRCS Date >b> Y h /;N % <; State of County of On this day of ,20_, before me, the undersigned, a Notary Public in and for the State, personally appeared known or proved to me to be the person whose signature appears above, and Who being duly sworn by me, did say that he is the Contracting Officer of the Natural Resources Conservation Service, United States Depaitinent of Agriculture, is authorized to sign on behalf of the agency and acknowledged and accepted the rights conveyed by the deed to be his voluntary arid deed. In witness whereof, I have hereunto set my hand and official seal the day and year first above written. Notary Public for the State of Washington Residing at My Commission Expires - 19- The WHATCOM LAND TRUST, a Washington nonprofit corporation, does hereby accept the above Agricultural Conservation Easement Deed. Dated: By Its / , STATE OF WASHINGTON ) ) ss. . % I • »\ / / .fix y x . < \ { » ` . • • F ! •