Executive/Council Action Form (ECAF)
ITEM TITLE:
Title
CF23-06 SNOHOMISH COUNTY KELLOGG MARSH VALLEY ACQUISITION CONSERVATION EASEMENT
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DEPARTMENT: FACILITIES MANAGEMENT
ORIGINATOR: PEJ MORGAN
EXECUTIVE RECOMMENDATION: Approved
PURPOSE: A Grantor is the sole owner in fee simple of the property, located in Snohomish County, Washington on a portion of the following Snohomish County tax parcels: 30051400201000; 30051400201600; 01175400000200; and 01175400000100; and the Grantor is granting a conservation easement to Snohomish County to protect and preserve the land for conservation purposes. The Conservation Easement that is to be recorded on the parcels by Tulalip Foundation, shall require County’s signatures to record the instrument.
BACKGROUND: Pursuant to Motion 23-409 Snohomish County granted Tulalip Foundation acquisition funds for Kellogg Marsh Valley Acquisition of properties for the purpose of acquiring conservation easements from the property owner(s) (Grantor). The Grantor has entered into a Notice and Agreement to Transfer Property Interests with the Tulalip Tribes, a federally recognized Indian Tribe (the “Transfer Agreement”). 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 the Transfer Agreement, those general exceptions contained in the title policy and any special exceptions shown on the Preliminary Commitment that are accepted by the Grantee. The Protected Property possesses significant long-term natural and open space values (“Conservation Values”) of great importance to the people of Snohomish County for passive recreation. 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 open space and passive recreation 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 an Exhibit and shall be incorporated herein by reference as though set forth in full (the “Baseline Documentation”) the parties agree to 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 Conservation Easement is being purchased with funds provided, in part, 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 and timber land through restrictions on incompatible uses of the land.
FISCAL IMPLICATIONS:
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EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU |
CURRENT YR |
2ND YR |
1ST 6 YRS |
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CONSERVATION FUTURE TAX FUND |
$1,072,000.00 |
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TOTAL |
$1,072,000.00 |
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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 |
0 |
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DEPARTMENT FISCAL IMPACT NOTES: Click or tap here to enter text.
CONTRACT INFORMATION:
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ORIGINAL |
X |
CONTRACT# |
CF23-06 |
AMOUNT |
$1,072,000.00 |
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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 |
10/9/2024 |
END |
In perpetuity |
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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.