Legislation Details

File #: 2025-2824    Version: 1
Type: Executive Status: Executive Approved
File created: 8/22/2025 In control: Executive
On agenda: Final action:
Title: CF24-01 GRANT OF CONSERVATION EASEMENT ON NORTHWEST TERRITORY LLC OWNED PROPERTY LOCATED AT 32903 PIONEER HIGHWAY NEAR STANWOOD, WASHINGTON
Attachments: 1. CF24-01 Conservation Easement - Pioneer Highway, 2. CF Motion 24-507
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
No records to display.

 

 

Executive/Council Action Form (ECAF)

 

 

ITEM TITLE:

Title

CF24-01 GRANT OF CONSERVATION EASEMENT ON NORTHWEST TERRITORY LLC OWNED PROPERTY LOCATED AT 32903 PIONEER HIGHWAY NEAR STANWOOD, WASHINGTON

body

DEPARTMENT:  CONSERVATION AND NATURAL RESOURCES

 

ORIGINATOR:  PEJ MORGAN

 

EXECUTIVE RECOMMENDATION:  Approved

 

PURPOSE: The purpose of this Conservation Easement is to assure that the Protected Property will be retained forever as farm and agricultural land and to prevent any use of  the Protected Property that will significantly impair or interfere with the Conservation Values.  Grantor intends that this Conservation Easement will confine the use of, or activity on, the  Protected Property to such uses and activities that are consistent with this purpose. This  statement of purpose is intended as a substantive provision of the Conservation Easement. Any  ambiguity or uncertainty regarding the application of the provisions of this Conservation Easement  will be resolved so as to further this purpose. Grantor may permit lawful hunting and fishing on  the Protected Property, provided that such activity does not impair or interfere with the  Conservation Values of the Protected Property, cause any physical damage to the Protected Property,  or adversely affect ongoing or future agricultural operations on the Protected Property.

 

BACKGROUND: Grantor is the sole owner in fee simple of the property legally described on Exhibit A, which  is attached hereto and incorporated herein by reference (the “Protected Property”), located in  Snohomish County, Washington at 32903 Pioneer Highway near Stanwood, WA, and which is an assemblage  of the following Snohomish County Parcels: 320406-002-001-00, 320301-001-004-00 IOP,  320301-001-004-01, 320301-001-004-02, 320301-001-007-00 IOP and 320301-001-007-01 IOP. Grantor warrants that Grantor has good legal title to the Protected Property, as well as the right to convey this Conservation Easement, and that the Protected Property is free and clear of  any encumbrances except those general exceptions contained in the title policy and any special  exceptions shown on the Preliminary Commitment that are accepted by the Grantee; and  Conservation Easement - NW Territory Pioneer Page 2 of 19 C.  Grantor warrants that Grantor has no actual knowledge of a release or threatened release of hazardous substances or waste on the Protected Property. The Protected Property possesses significant long-term natural and conservation and agricultural values (“Conservation Values”) of great importance to the people of Snohomish County for this Conservation Easement is authorized by RCW 64.04.130, the provision of state law governing conservation easements. The Grantor and the Grantee intend and have the common purpose of retaining the Protected Property for conservation and preservation of farm and agricultural land by placing restrictions on the use of the Protected Property, which shall continue as a servitude running with the land, and authorizing Grantee to monitor and enforce such restrictions, as described herein; To document the present condition of the Protected Property so that Grantee or its assigns are able to monitor future uses and assure compliance with the terms of this Conservation Easement,  Grantee has, at its expense, prepared baseline data consisting of photographs and other  documentation summarized in Exhibit B and incorporated herein by reference as though set forth in  full (the “Baseline Documentation”) that the parties agree provide an accurate representation of  the Protected Property as of the date of this Conservation Easement. Snohomish County, as the Grantee of this Conservation Easement, is a qualified holder of conservation easements under RCW 64.04.130. This Easement is acquired with partial funding from a Floodplains by Design grant from Ecology in accordance with that certain grant agreement (#SEAFBD- 2325-StillTI-00039) between  Ecology and Snohomish County dated April 23, 2024 (“Ecology Grant Agreement”). To protect the public’s interest, Ecology is provided certain rights as a Beneficiary under this Easement as detailed herein. This Conservation Easement is being acquired with partial funding by the County’s Conservation Futures Program pursuant to RCW 84.34.200, RCW 84.34.210, RCW 84.34.220 and chapter 4.14 SCC, which  authorizes Snohomish County to purchase conservation easements for the purpose of protecting open  space, farm and agricultural and timber land through restrictions on incompatible uses of the land. Within the Protected Property, there are three fishing cabins (the “Fishing Cabins”), the approximate location of which is shown on the site plan attached as Exhibit C. The southern most Fishing Cabin is referred to in this Conservation Easement as the “Primary Fishing Cabin”.

 

FISCAL IMPLICATIONS:

EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU

CURRENT YR

2ND YR

1ST 6 YRS

DAC 185-5091916101

$154,352.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

$154,352.00

 

 

 

 

REVENUE: FUND, AGY, ORG, REV, SOURCE

CURRENT YR

2ND YR

1ST 6 YRS

NA

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

NA

 

 

 

DEPARTMENT FISCAL IMPACT NOTES:  Click or tap here to enter text.

 

CONTRACT INFORMATION:

ORIGINAL

X

CONTRACT#

CF24-01 CE Pioneer Hwy

AMOUNT

$154,352.00

AMENDMENT

 

CONTRACT#

 

AMOUNT

 

 

Contract Period

ORIGINAL

START

October 4, 2025

END

NA

AMENDMENT

START

 

END

 

 

OTHER DEPARTMENTAL REVIEW/COMMENTS:  Click or tap here to enter text.