Executive/Council Action Form (ECAF)
ITEM TITLE:
Title
CF24-02 CONSERVATION EASEMENT ON NORTHWEST TERRITORY LLC OWNED PROPERTY; LOCATED AT 282626, 28627 AND 29111 OLD PACIFIC HIGHWAY
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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 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 approximately 28626, 28627, and 29111 Old Pacific Highway near Stanwood, WA, and which is an assemblage of the following Snohomish County Parcels: 320313-003-003-00, 320313-003-009-00 and 320313-003-010-00; and 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 Old Pacific Highway. 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. 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-StillTl-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 sec, 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; and K. Within the Protected Property, there is a building envelope of approximately 3.44 acres, legally described and shown in Exhibit C (the "Building Envelope"). Within the Building Envelope, there is currently a house and a barn. Elsewhere on the Protected Property but not within the Building Envelope, there is another barn (the "Additional Barn"), the approximate location of which is shown on the site plan attached as Exhibit D.
FISCAL IMPLICATIONS:
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EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU |
CURRENT YR |
2ND YR |
1ST 6 YRS |
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DAC 185-5091916101 |
193,274.00 |
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TOTAL |
193,274.00 |
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REVENUE: FUND, AGY, ORG, REV, SOURCE |
CURRENT YR |
2ND YR |
1ST 6 YRS |
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NA |
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TOTAL |
NA |
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DEPARTMENT FISCAL IMPACT NOTES: Click or tap here to enter text.
CONTRACT INFORMATION:
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ORIGINAL |
X |
CONTRACT# |
CF24_02 CE OLD PACIFIC HWY |
AMOUNT |
193,274.00 |
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AMENDMENT |
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CONTRACT# |
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AMOUNT |
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Contract Period
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ORIGINAL |
START |
OCTOBER 3, 2025 |
END |
NA |
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AMENDMENT |
START |
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END |
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OTHER DEPARTMENTAL REVIEW/COMMENTS: Click or tap here to enter text.