Executive/Council Action Form (ECAF)
ITEM TITLE:
Title
CF24_04 GRANT OF CONSERVATION EASEMENT UPPER PILCHUCK RIVER ACQUISITON
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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 in its natural and open space condition and to prevent any use of the Protected Property that will significantly impair or interfere with Conservation values.
BACKGROUND: On September 4, 2024, the Conservation Futures Program Advisory Board (the “Board”) at its regularly scheduled meeting listened to the Tulalip Foundation’s presentation, reviewed the project proposal, and voted to recommend project funding through the Fund in the amount of One Million Forty-One Thousand Dollars ($1,041,000.00) to assist with purchase of the Property in exchange for granting the County a conservation easement over the Property. On December 18, 2024, the Snohomish County Council, by Motion No. 24-507, allocated funding in the amount of One Million Forty-One Thousand Dollars ($1,041,000.00) to the Tulalip Foundation from the Fund for that purpose. The Conservation Easement is for one of the properties in the Upper Pilchuck River area. The Grantor is the sole owner in fee simple of the property (the “Protected Property”), located in Snohomish County, Washington on a portion of the following Snohomish County tax parcels: 29070200100800; 29070200100700; 29070200100400. 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. 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 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 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 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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Dac 185-5091916199 |
408,751.63 |
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TOTAL |
$408,751.63 |
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REVENUE: FUND, AGY, ORG, REV, SOURCE |
CURRENT YR |
2ND YR |
1ST 6 YRS |
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TOTAL |
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DEPARTMENT FISCAL IMPACT NOTES: Click or tap here to enter text.
CONTRACT INFORMATION:
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ORIGINAL |
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CONTRACT# |
C24_04 CE PILCHUCK |
AMOUNT |
$408,751.63 |
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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 |
12/5/25 |
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.