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Home My WebLink Aboutres2017-035WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 -178 CLEARANCES Initia Date Date Received in Council O ice Agenda Date Assigned to: Originator AK �� _I-7 f / f� n IN M v , 5/30/17 Introduction Division Head: MAY 2 3 2017 6/13/17 Hearing f$ De t. Head: I(p W H ATC O M COUNTY 4% Prosecutor: d! 05112117 C O U N C I L Purchasin /Bud et: , Executive ,► s• a 3 • ( TITLE OFDOC T. A Resolution'Approving the Sale of a Conservation Easement ATTACHMENTS. 1. Cover Memo 2. Resolution 3. Conservation Easement 4. Map of Site SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing ? ( X )Fes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 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.) Randy Doucet and Elizabeth Doucet, owners of property adjacent to a Whatcom County -owned former gravel pit known as Clark Pit, have requested a conservation easement over the County -owned property to provide a greenbelt along the west boundary of their property. Whatcom County Public Works recommends selling the conservation easement to them. i COMMITTEE ACTION. • COUNCIL ACTION.• 5/30/2017: Introduced 7 -0 6/13/2017: Approved 6 -0, Donvan Absent, Res. 2017 -035 Related County Contract #. Related File Numbers: Ordinance or Resolution Number. Res. 2017 -035 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 I SPONSORED BY: 2 PROPOSED BY: Public Works 3 INTRODUCTION DATE: 5/30/2017 4 RESOLUTION NO. 2017 -035 5 APPROVING THE SALE OF A CONSERVATION EASEMENT 6 7 WHEREAS, Whatcom County owns a former gravel pit known as "Clark Pit ", tax parcel number 400102 8 156300 0000; and 9 WHEREAS, Randy A. Doucet and Elizabeth B. Doucet ( "Grantees "), own property identified as tax parcel 10 number 400102 306202 0000, that is adjacent to "Clark Pit "; and 11 WHEREAS, the Grantees wish to have an undeveloped greenbelt adjacent to the west boundary of their 12 property; and 13 WHEREAS, while the County Code does not specifically address the procedure for conveying a limited 14 interest in County property, this matter has been reviewed by the Property Management Committee; and 15 WHEREAS, Public Works is supportive of granting a Conservation Easement to the Grantees to provide 16 them with a greenbelt along the west boundary of their property; and 17 WHEREAS, as compensation for the Conservation Easement the Grantees will be required to pay Whatcom 18 County $15,000.00 as valued by Public Works; and 19 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Executive is authorized 20 to conclude the sale of the Conservation Easement as set forth in Exhibit A to the Grantees subject to full 21 paymen,�*d W [bhr4XFpns and conditions of the Conservation Easement. wt �0y3A 22 AP1 kO*,V ". * a 9 of June _ 2017 23 24 25 26 27 28 29 30 31 32 ' ;�N • WHATCOM COUNTY COUNCIL A'l,_I 1ST'. - f`WHATCOMLCOUNT�. WASHINGTON Dana Brown&# W ad' , or APPR&EV AS -TO rFORM: Chief Civil Deputy Prosecutor EXHIBIT A After recording return document to: Whatcom County Public Works 322 N. Commercial, Suite 210 Bellingham, WA 98225 Document Title: CONSERVATION EASEMENT Reference Number of Related Documents: None Grantor: Whatcom County Grantee: Randy A. Doucet and Elizabeth B. Doucet Legal Description: PTN SW NW, SE NW, NE SW, Sec. 11, TWN 39N, R1E, W.M. Additional Legal Description is on Pages 6 -9 of Document. Assessor's Tax Parcel Numbers: 400102 156300 0000 and 400102 306202 0000 CONSERVATION EASEMENT This grant of a Conservation Easement is made by and between WHATCOM COUNTY, A WASHINGTON MUNICIPAL CORPORATION, referred to hereafter as "Grantor," and RANDY A. DOUCET AND ELIZABETH B. DOUCET, HUSBAND AND WIFE, referred to hereafter as "Grantees. ". The Grantor owns real property in Whatcom County, the legal description of which is attached hereto as Attachment A (hereinafter the "Property "). The intent of the Grantor and Grantees, through this Conservation Easement, is to preserve, protect, maintain and limit use of a portion of Grantor's undeveloped Property for the benefit of the Grantees' real property, the legal description of which is attached hereto as Attachment B. Grantor hereby convey to Grantees and their successors, heirs, and assigns, an easement for conservation purposes. The Conservation Easement is depicted as "Conservation Easement" on Attachment C and is described on Attachment D attached hereto (hereinafter the "Conservation Easement "). This Conservation Easement consists of mutual rights and obligations and is subject to the reservation of rights set forth below. 1. Rights, Obligations and Reservations. All benefits, burdens, rights, obligations and reservations in this Conservation Easement shall operate as covenants running Page 1 of 8 Pages CONSERVATION EASEMENT with the land on title to both the Property and Grantees' real property. 2. Permitted Uses and Rights Reserved by Grantor. Grantor reserves the following rights: a. To include the acreage of the Conservation Easement within any development permit application or any project proposal that may be located on the Property for the purposes of calculating residential density or designating required open space; b. To maintain fish and wildlife habitat; c. Upon written agreement of the Grantee(s) and recommendation of a certified arborist or certified forester, selectively remove hazard trees to reduce safety hazards; however, this reservation of rights creates no additional duty to engage in such tree removal. In the event of an emergency, if prior written consent is not feasible, Grantor shall be subject to the provisions of WCC 16.16.235A; d. Enhance or restore degraded fish or wildlife habitat, wetlands or wild land forest characteristics on an ecologically managed basis; and e. Construction of unpaved foot trails which do not alter, damage, or compromise the intent of this Conservation Easement. 3. Restrictions on Use. Except as provided above, and as may be necessary to carry out those rights reserved, the Grantor shall not conduct the following activities within the Conservation Easement area: a. Remove trees or native vegetation. b. Permit grazing of livestock. c. Excavate, dredge, fill, dike or otherwise alter the landscape or topography. d. Store derelict vehicles, hazardous substances, or waste of any kind. e. Explore for or extract minerals, hydrocarbons, soils, gravel or other materials. f. Construct, erect or place any buildings, structures, or improvements, either of a temporary or permanent nature. g. Grant or allow road or utility construction and easements. h. Alter the surface or subsurface hydrology entering or exiting the Conservation Easement area. i. Otherwise use the Conservation Easement area in a manner that is inconsistent with the reservation of rights and the purposes of this Conservation Easement. Page 2 of 8 CONSERVATION EASEMENT 4. Rights and Responsibilities of Grantees. a. Any forbearance by Grantees to exercise any rights under this Conservation Easement, in the event of a breach by Grantor, shall not be deemed to be a waiver of Grantees' rights under this Conservation Easement. b. Access by Grantees to the Conservation Easement, without any further permission from Grantor, for the limited purpose of monitoring this Conservation Easement, shall be and is hereby authorized by Grantor. Access for any other reason to the Conservation Easement shall require permission from Grantor, which permission may be requested in writing from Andrew Hester at 360 - 778 -6200, during normal operating hours. 5. General Conditions. a. This Conservation Easement does not grant or permit public access to any portion of the Conservation Easement. b. This Conservation Easement shall run with the Property and shall be binding on successors, assigns, and heirs of Grantor and Grantees. c. In the event that any of the provisions contained in this Conservation Easement are declared invalid or unenforceable in the future, all remaining provisions shall remain in effect. It is understood and agreed that delivery of this Conservation Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon Whatcom County unless and until accepted and approved hereon in writing for the County, by the County Executive. Page 3 of 8 CONSERVATION EASEMENT Grantor: WHATCOM COUNTY Date: Jack Louws, County Executive Approved as to form: Prosecuting Attorney's Office Q...j y. " Date: j51 9% 7 Daniel L. Gibson, Chief Civil Deputy Prosecutor Grantees: Randy A. Doucet Elizabeth B. Doucet Page 4 of 8 Date: CONSERVATION EASEMENT STATE OF WASHINGTON ss COUNTY OF WHATCOM On this day of , 2017, before me personally appeared lack Louws, to me known to be the Executive of Whatcom County, a municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Whatcom County, for the uses and purposes herein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of Whatcom County. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington Residing at My commission expires Page 5 of 8 CONSERVATION EASEMENT STATE OF WASHINGTON ) M County of On this day of 2017, before me personally appeared Randy A. Doucet and Elizabeth B. Doucefi, to me known to be the individuals described herein and who executed the foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. Printed Name; Notary Public in and for the State of Washington, residing at My commission expires Page 6 of 8 CONSERVATION EASEMENT ATTACHMENT A Grantor's Prop-q" The Southwest Quarter of the Northwest Quarter; the Southeast Quarter of the Northwest Quarter; and the Northeast Quarter of the Southwest Quarter, excepting therefrom the Southwest Quarter of the Northeast Quarter of the Southwest Quarter All in Section 2, Township 40 North, Range 1 East, W.M., Whatcom County, Washington. Page 7 of 8 CONSERVA'rION EASEMENT ATTACHMENT B Grantees' PropqLty The West half of the West half of the North half of the Southeast Quarter of Section 2, Township 40 North, Range 1 East of W.M. Situate in County of Whatcom, State of Washington. Page 8 of 8 a BASIS OF CALCULAIiON -2 A.F.N. 2110500711 6 N 26RCEL NO. 4p0p0�10�2� 156300 ! 1 1pA�4L Lh1� C� !J AREA: _a 5.00 ACRES 300 3 0 SCALF F CE7 S 87'59'29" C N 8759'29" E 164.42' G W S 87'59'29" E �.7 �Q 660.35' 495.92' E.5.00 AC.-� w w (E.164.40i') P Ds w0 .N o 'o q o 0 coo z z Go to 0 c � to 0 O 661.38' M M N 87'55'27" W w cl z lb 3 QLO ° w � A w w 0 . L,n d m ° z ° to o ° o ` O o E.5.00 AC. z z (E.164.40t1) �CO 662.40' 497.97' Cf N 8751'26" W N 87'51'26" W 164.43' N 87'51'26" W � G , L L wILSIX EXIINEERITR ET I06 DUPONT STREET E PN Conservation Easement DATE 5/02/17 Mw DELLINGXAY (M YI226 EROS �aN • PAx ERIN � BLAINE WASHINGTON Min the NE 1/4, 1 Sec. 2, J07057 S U R V E Y/ E N G I N E E R I N G www.wllsonanglnearing.com . Tw . 40 N., Rge. 1 E., 1 ., W. M. A40. 6y e "t D LEGAL DESCRIPTION -- CONSERVATION EASEMENT AFFECTING TAX PARCEL ID NO. 400102 156300 AN EASEMENT, OVER AND ACROSS A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 40 NORTH, RANGE 1 EAST, W.M., SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE REBAR AND CAP MONUMENT MARKING THE CENTER QUARTER- CORNER OF THE AFOREMENTIONED SECTION 2, PER THE "RECORD OF SURVEY FOR WHATCOM COUNTY PUBLIC WORKS ", PER THE MAP THEREOF, RECORDED UNDER WHATCOM COUNTY AUDITOR'S FILE NO. 2110500711, SAID MONUMENT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIBED EASEMENT; THENCE SOUTH 00° 58'45" WEST, ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION, 1325.03 FEET, TO THE CONCRETE MONUMENT MARKING THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTH 87° 51'26" WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, 164.43 FEET, MORE OR LESS, TO A POINT AT THE INTERSECTION OF SAME WITH AN OFFSET LINE PARALLEL WITH, AND NOMINALLY 164.40 FEET WEST OF THE AFOREMENTIONED NORTH -SOUTH SECTION CENTERLINE, SAID OFFSET LINE BEING COINCIDENT WITH THE WEST MARGIN OF THE EAST 5.00 ACRES OF SAID QUARTER - QUARTER SECTION; THENCE NORTH 00° 58'45" EAST, ALONG SAID OFFSET LINE AND WEST MARGIN, 1324.64 FEET, TO A POINT ATTHE INTERSECTION OF SAME WITH THE EAST -WEST CENTERLINE OF THE AFOREMENTIONED SECTION 2; THENCE SOUTH 87° 59' 29" EAST, ALONG SAID CENTERLINE, 164.42 FEET, MORE OR LESS, TO THE AFOREMENTIONED REBAR AND CAP MONUMENT MARKING THE CENTER OF SAID SECTION 2, SAID MONUMENT BEING THE TRUE POINT OF BEGINNING AND TERMINUS OF THIS DESCRIBED EASEMENT. THIS DESCRIBED EASEMENT IS INTENDED TO CONTAIN 5.00 ACRES, EXACTLY. SITUATE IN WHATCOM COUNTY, WASHINGTON.