Snohomish County Interlocal Cooperation Agreement Concerning Acquisition of Property with Snohomish County Conservation Futures FundingORIGINAL
AMENDMENT NO. 1 TO INTERLOCAL COOPERATION AGREEMENT BETWEEN
SNOHOMISH COUNTY AND THE CITY OF EDMONDS, WASHINGTON
CONCERNING ACQUISTION OF PROPERTY WITH SNOHOMISH COUNTY
CONSERVATION FUTURES FUNDING
THIS AMENDMENT NO. 1 to that certain Interlocal Agreement between
Snohomish County and the City of Edmonds, Washington concerning acquisition of
property with Snohomish County Conservation Futures Funding (the "Agreement")
dated March 12, 2014, is made by and between Snohomish County, a political
subdivision of the State of Washington (the "County"), and the City of Edmonds, a
municipal corporation of the State of Washington (the "City").
NOW, THEREFORE, for and in consideration of the mutual benefits conferred on
both parties, the parties agree to AMENDMENT NO. 1 as follows:
1. The RECITALS of the Agreement are hereby amended to add Recital F,
which reads as follows:
F. The Snohomish County Conservation Futures Program Advisory Board, at
its June 2, 2015 meeting reviewed a request by the City to transfer the
recommended funding to another property known as Civic Field, addressed
as 310 6th Avenue North, Edmonds, Washington, and, after consideration, the
Board recommended approval of this request.
2. Section 1 of the Agreement is hereby amended to read in its entirety as
follows:
1. Identification of Property_:
The Property is located in the City of Edmonds, Washington and is generally
legally described as follows:
ForAPN/Parcel ID(s): 004342-099-001-00, 004342-100-000-00 and 004342-
101-021-00
Lots 1 through 20, Block 99, all of Block 100, and Lots 21 through 40,
Block 101, plat of the City of Edmonds, according to the Plat thereof
recorded in Volume 2 of Plats, page 39, records of Snohomish County,
Washington.
Situate in the County of Snohomish, State of Washington.
3. Section 5.1 of the Agreement is hereby amended to read in its entirety as
follows:
Packet Page 122 of 290
9
5.1 Acquire the Property within twenty-four (24) months of the Effective
Date of this Agreement and upon closing maintain, operate and conserve
the Property for open space and passive park purposes. The City shall
undertake all reasonable efforts to acquire the Property but if the owner of
is not a willing seller, the City shall not utilize the power of eminent domain
to acquire the Property.
4. Section 5.2 of the Agreement is hereby amended to read in its entirety as
follows:
5.2 Immediately following acquisition of the Property, execute and
record an instrument conveying a Conservation Easement for the Property
to the County in substantially the form of attached hereto as Exhibit A (the
"Conservation Easement").
EXCEPT AS EXPRESSLY MODIFIED IN THIS AMENDMENT NO. 1, ALL TERMS AND
CONDITIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND
EFFECT.
In witness whereof, the parties hereby execute this Amendment No. 1 to the
Agreement.
"COUNTY"
SNOHOMISH COUNTY
STEri-lEN- CLIF "1f'
5y: ua
John L ick,
DateSigned:
APP"VFTO FORM:
a '�i �DepA ey ate
APPROVED AS TO FORM:
City Attorney Date
"CITY"
CITY OF EDMONDS
By.
David O. Earling, ayor
OUNCA USE ONLY 2
��������:._ 1 a • 27.15
J
Date Signed:. �'c;1 [�
Attest:
Ajt�� &�.
City Clerk S44t� Pa-66 {
Packet Page 123 of 290
Exhibit A
Conservation Easement
Packet Page 124 of 290
After Recording Return to:
Assistant Clerk
Snohomish County Council
3000 Rockefeller Avenue MS 609
Everett, WA 98201
Document Title: Grant of Conservation Easement
Reference Numbers:
Grantor: City of Edmonds, a municipal corporation of the State of Washington
Grantee: Snohomish County, a political subdivision of the State of Washington
Abbreviated Legal Description: Lots 1-20, BI 99; all BI 100, Lots 21-40, BI 101, City of Edmonds
Additional legal on page 15
Assessor's Property Tax Parcel No.: 00434209900100, 00434210000000 and 00434210102100
GRANT OF CONSERVATION EASEMENT
This grant of a perpetual CONSERVATION EASEMENT (hereinafter "Conservation Easement")
is made this day of , 201_, by the City of Edmonds, a municipal corporation
of the State of Washington (hereinafter "Grantor'), to Snohomish County, a political subdivision
of the State of Washington (hereinafter "Grantee" or "County"), in perpetuity as holder of the
Conservation Easement pursuant to RCW 64.04.130.
RECITALS
A. 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"), which consists of approximately eight (8) acres of land, located on tax parcel
00434209900100, 00434210000000 and 00434210102100 Snohomish County, Washington;
and
B. 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
C. Grantor warrants that Grantor has no actual knowledge of a release or
threatened release of hazardous substances or waste on the Protected Property; and
D. 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; and
E. This Conservation Easement is authorized by RCW 64.04,130, the provision of
state law governing conservation easements; and
4
Packet Page 125 of 290
F. 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; and
G. 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; and
H. Snohomish County, as the Grantee of this Conservation Easement, is a qualified
holder of conservation easements under RCW 64.04.130; and
I. 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;
NOW, THEREFORE, for and in consideration of the above recitals and the mutual
covenants, terms, conditions, and restrictions contained herein and in payment of one dollar
($1.00) and other valuable consideration by Grantee, the receipt of which is hereby
acknowledged by Grantor, and pursuant to the laws of the State of Washington, including
chapters 64.04 and 84.34 of the Revised Code of Washington, the parties agree as follows:
I. Grant. Grantor hereby grants to the Grantee a perpetual Conservation Easement over,
under, across and through the Protected Property, as described in Exhibit A attached hereto, to
protect, preserve, maintain, improve, restore, limit future use of or otherwise conserve the
Protected Property as open space pursuant to chapter 84.34 RCW.
II. 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 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.
III. Rights of the Grantee. Grantor hereby conveys to the Grantee all rights necessary to
accomplish the purpose of this Conservation Easement, including, without limitation, the
following:
A. The right to protect, conserve, maintain, improve and restore the Conservation
Values of the Protected Property;
5
Packet Page 126 of 290
B. The right to enter the Protected Property or allow Grantee's invitees or licensees
to enter, at a reasonable time and upon prior written notice to the Grantor, for the
following purposes (i) to make general inspection of the Protected Property to
monitor compliance with this Conservation Easement; (ii) to protect, preserve,
maintain, improve and restore the Conservation Values of the Protected
Property; and (iii) to mitigate or terminate any violation or otherwise enforce the
provisions of this Conservation Easement.
C. The right to enjoin any use of, or activity on, the Protected Property that is
inconsistent with the purpose of this Conservation Easement, including
trespasses by members of the public, and to require the restoration of such area
or features of the Protected Property as may be damaged by uses or activities
inconsistent with the provisions of this Conservation Easement, all in accordance
with Section XI.
D.. The right to enforce the terms of this Conservation Easement, consistent with
Section XI.
E. The right to place a sign on the Protected Property which acknowledges this
Conservation Easement, any conditions on access, and any funding contribution
to the acquisition of the Conservation Easement.
The foregoing are rights, not obligations, and shall not create any third party rights of
enforcement.
IV. Permitted Uses and Activities.
A. Grantor reserves to itself, and to its successors and assigns all rights accruing
from its ownership of the Protected Property, including the right to engage in or
permit or invite others to engage in all uses of the Protected Property that are not
prohibited herein and are not inconsistent with the purpose of this Conservation
Easement. In the event Grantor plans to undertake actions that could be
inconsistent with the purpose of this Conservation Easement, Grantor shall
provide Grantee written notice of such intent not less than sixty (60) days prior to
the date Grantor intends to undertake the activity in question. The notice shall
describe the nature, scope, design, location, timetable, and any other material
aspect of the proposed activity in sufficient detail to permit Grantee to make an
informed judgment as to its consistency with the purpose of this Conservation
Easement. Grantee shall grant or withhold its approval in writing within sixty (60)
days of receipt of Grantor's notice. Grantee's approval may be withheld only
upon a reasonable determination by Grantee that the action _proposed would be
inconsistent with the purpose of this Conservation Easement.
B. Any improvements to the Protected Property shall be limited to those which are
passive in nature and meet the requirements and intent of RCW 84.34.200-220.
Passive improvements include, but are not limited to, trails, interpretive centers,
viewpoints, picnicking facilities, access, restrooms, playgrounds and restoration
projects. Active recreational improvements are prohibited. Such improvements
include, but are not limited to ball fields, use by motorized vehicles, swimming
pools, and recreation centers.
n
Packet Page 127 of 290
C. Nothing herein precludes the Grantor from demolishing, removing, and
remediating existing improvements on the property as of the date of this
Conservation Easement.
V. Prohibited Uses and Activities. Neither Grantor nor its licensees or invitees shall use the
Protected Property for any activity or purpose that is inconsistent with the purpose of this
Easement. Without limiting the generality of the foregoing, the following activities are expressly
prohibited in the Protected Property:
A. The placement or construction of any buildings, structures, improvements or
equipment of any kind except as permitted in subsection IV. B;
B. The continuation, creation, expansion or intensification of any use or activity that
is contrary to the purpose of this Conservation Easement or prohibited in this
section;
C. Mining or extraction of soil, sand, gravel, oil, natural gas or other mineral;
D. Dumping or accumulation of trash or refuse;
E. The use of motorized vehicles except for those necessary to conduct the uses
permitted under this Conservation Easement; and
F. Any construction, expansion, repair or other development activity that would
result in more than ten percent (10%) of the area of the Protected Property being
covered with impervious surfaces, including, without limitation, asphalt, concrete,
gravel, buildings, or ponds.
VI. Transfer of Property. The Grantor agrees to:
A. Incorporate the terms of this Conservation Easement by reference in any deed or
other legal instrument by which it divests itself of any interest in all or a portion of
the Protected Property, including, without limitation, leasehold interests.
B. Describe the Conservation Easement in and append it to any contract for the
transfer of any interest in the Protected Property.
C. Give written notice to the Grantee of the transfer of any interest in all or any
portion of the Protected Property no later than forty five (45) days prior to the
date of such transfer. Such notice to the Grantee shall include the name,
address and telephone number of the prospective transferee or the prospective
transferee's representative.
The failure of the Grantor to perform any act required by this subsection shall not impair
the validity of this Conservation Easement or limit its enforceability.
VII. Extinguishment. This Conservation Easement may be terminated or extinguished,
whether in whole or in part, only under one or more of the following circumstances:
7
Packet Page 128 of 290
A. By judicial determination, by a court having jurisdiction over the Conservation
Easement, those circumstances have rendered the purpose of this Conservation
Easement impossible to achieve.
B. In the event all or any of the Protected Property is taken by exercise of the power
of eminent domain or acquired in lieu of condemnation, whether by public,
corporate or other authority, except by the parties hereto.
Vlll. Proceeds. In the event of termination or extinguishment of this Conservation Easement,
Grantee shall be compensated by Grantor for the fair market value of its interest in the
Protected Property as determined by either a real estate appraiser licensed by the State of
Washington or a court of competent jurisdiction.
IX. Transfer or Assignment of the Conservation Easement. This Conservation Easement is
transferable, but Grantee may assign its rights under this Conservation Easement only to an
agency or organization that is authorized to acquire and hold conservation easements under
RCW 64.04.130 or RCW 84.34.250, or otherwise qualified at the time of transfer under §170(h)
of the Internal Revenue Code of 1986. As a condition of such transfer, Grantee shall require
that the transferee exercise its rights under the assignment consistent with the purpose of this
Conservation Easement.
X. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to ownership, operation, upkeep, and maintenance of the Protected
Property.
A. Taxes. Grantor shall continue to be solely responsible for payment of all taxes
and assessments levied against the Protected Property.
B. Attorneys' fees and costs for enforcement. If the Grantee commences and
successfully prosecutes an enforcement action pursuant to Section XI below, the
Grantor shall pay all reasonable costs and expenses associated with the
enforcement action, including but not limited to, reasonable attorneys' fees.
Xl. Enforcement & Monitoring. Grantee shall have the authority to enforce the terms of this
Conservation Easement. To exercise this authority and thereby further the purpose of this
Conservation Easement, the Grantee shall have the following rights under this Conservation
Easement, which are subject to the stated limitations:
A. Ent onto Protected Property with Reasonable Notice. If the Grantee has
reason to believe that a violation of the terms of this Conservation Easement has
occurred or is occurring, the Grantee shall have the right to enter the Protected
Property, provided that reasonable advance notice is given to the Grantor, for the
purpose of inspecting it for violations of any requirement set forth in this
Conservation Easement. Additionally, the Grantee shall have the right to enter
the Protected Property at least once a year, at a mutually agreed time, for
purposes of inspection and compliance monitoring regardless of whether
Grantee has reason to believe that a violation of this Conservation Easement
exists.
B. Enforcement Mechanisms and Remedial Measures. If the Grantee finds what it
believes to be a violation of this Conservation Easement, it may, at its discretion,
LV
Packet Page 129 of 290
use any available legal or equitable remedy to secure compliance, including but
not limited to seeking injunctive relief and/or specific performance requiring the
Grantor to cease and desist all activity in violation of the terms of this
Conservation Easement and to return the Protected Property to its condition prior
to any violation(s). Except when an imminent violation could irreversibly diminish
or impair the Conservation Values of the Protected Property, the Grantee shall
give the Grantor written notice of the violation and thirty (30) days in which to
take corrective action prior to commencing any legal action. The failure of
Grantee to discover a violation or to take immediate legal action shall not bar it
from doing so at a later time or constitute a waiver of its rights. Grantee may use
the Baseline Documentation as a basis for enforcing the provisions of this
Conservation Easement, but is not limited to the use of the Baseline
Documentation to show a change of conditions.
C. Emergency Enforcement. If Grantee, in its sole discretion, determines that
circumstances require immediate action to prevent or mitigate significant
damages to the Conservation Values of the Protected Property, Grantee may
pursue its remedies under this section without prior notice to Grantor or without
waiting for the period provided for cure to expire.
D. Scope of Relief. Grantee's rights under this section apply equally in the event of
either actual or threatened violations of the terms of this Conservation Easement.
Grantor agrees that the Grantee's remedies at law for any violation of the terms
of this Conservation Easement are inadequate and that Grantee shall be entitled
to the injunctive relief described in this section, both prohibitive and mandatory, in
addition to such other relief to which Grantee may be entitled, including specific
performance of the terms of this Conservation Easement, without the necessity
of proving either actual damages or the inadequacy of otherwise available legal
remedies. Grantee's remedies described in this section shall be cumulative and
shall be in addition to all remedies now or hereafter existing at law or in equity.
E. Costs of Enforcement. In the event Grantee must enforce the terms of this
Conservation Easement, any costs of restoration necessitated by acts or
omissions of Grantor, its agents, employees, contractors, invitees or licensees in
violation of the terms of this Conservation Easement and Grantee's reasonable
enforcement expenses, including reasonable attorneys' and consultants' fees
and costs, shall be borne by Grantor, its successors or assigns.
R Waiver of Defenses. Grantor acknowledges it has carefully reviewed this
Conservation Easement and has consulted or had the opportunity to consult with
counsel of its terms and requirements. In full knowledge of the provisions of this
Conservation Easement, Grantor hereby waives any claim or defense it may
have against Grantee or its successors or assigns under or pertaining to this
Conservation Easement based upon waiver, lathes, estoppel or prescription.
G. Acts Beyond Grantor's Control. Nothing contained in this Conservation
Easement shall be construed to entitle the Grantee to bring any action against
Grantor to abate, correct or restore any condition in the Protected Property or to
recover damages for any injury to or change in the Protected Property resulting
from causes beyond Grantor's control, including fire, flood, storm, and earth
movement or the like.
9
Packet Page 130 of 290
XII. Hold Harmless. Grantor hereby agrees to release and hold harmless, indemnify and
defend Grantee, its officers, elected and appointed officials, employees and agents (collectively
"Indemnified Parties") from all liabilities, penalties, costs, losses, damages, expenses, causes of
action, claims, demands or judgments, including, without limitation, reasonable attorneys' and
consultants' fees arising from or in any way connected with:
A. Injury to or the death of any person, or physical damage to any property,
resulting from any act, omission, condition or other matter related to or occurring
on or about the Protected Property that is not a consequence of an activity of the
Indemnified Parties undertaken under the rights granted to Grantee under this
Conservation Easement;
B. Violations or alleged violations of, or other failure to comply with, any federal,
state or local law or regulation relating to pollutants or hazardous, toxic or
dangerous substances or materials, including without limitation CERCLA (42
U.S.C. 9601 et seq.) and MTCA (ch. 70.105D RCW), by any person other than
any of the Indemnified Parties, in any way affecting, involving or relating to the
Protected Property, unless such violations or alleged violations are due to the
sole acts or omissions of any of the Indemnified Parties on the Protected
Property;
C. The presence or release in, on, from or about the Protected Property, at any
time, of any substance now or hereafter defined, listed or otherwise classified
pursuant to any federal, state or local law, regulation or requirement of any
substance hazardous, toxic or dangerous to the air, water or soil, or in any way
harmful or threatening to human health or the environment, unless caused solely
by any of the Indemnified Parties.
XII I. Recordation. Grantee shall record this instrument in the Office of the Snohomish County
Auditor and may re-record it at anytime.
XIV. Notices. Any notice, demand, request, consent, approval, or communication that any
party desires or is required to give to another party under the terms of this Conservation
Easement shall be in writing and either served at or mailed to:
Grantee: Snohomish County
County Executive Office
3000 Rockefeller Avenue, M/S #407
Everett, WA 98201
Grantor(s): City of Edmonds
Office of the Mayor
700 Main Street
Edmonds, WA 98020
or to such other address as any party from time to time shall designate by written notice to
others.
10
Packet Page 131 of 290
XV. General Provisions.
A. Amendment. If circumstances arise under which an amendment to this
Conservation Easement would be appropriate, the Grantor and Grantee may
jointly amend this Conservation Easement by a written instrument to be recorded
with the Snohomish County Auditor, provided that such an amendment does not
diminish the effectiveness of this Conservation Easement in carrying out its
purpose to permanently preserve and protect in perpetuity the Conservation
Values of the Protected Property.
B. Controlling Law. The interpretation or performance of this Conservation
Easement shall be governed by the laws of the State of Washington and the
Laws of the United States. Any legal proceeding regarding this Conservation
Easement shall be initiated in Snohomish County Superior Court.
C. Interpretation. This Conservation Easement shall be interpreted to resolve any
ambiguities and questions of the validity of specific provisions to give maximum
effect to its preservation purpose, as stated in Section II, above. If the Grantor
has any doubt concerning the Conservation Easement, covenants, conditions,
limitations or restrictions herein contained with respect to any particular use of
the said Protected Property, it may submit a written request to the Grantee for
consideration and approval of such use.
D. Definitions. Any masculine term used in this Conservation Easement shall
include the female gender. The terms "Grantor" and "Grantee," wherever used in
this Conservation Easement, and any pronouns used in their place, shall be held
to mean and include respectively the above named Grantor, its successors, and
assigns, and the above -named Grantee, its successors and assigns.
E. Entire agreement. This Conservation Easement sets forth the entire agreement
of the parties with respect to the issues addressed herein and supersedes all
prior discussions, negotiations, understandings, or agreements relating to these
issues, all of which are merged herein.
F. No forfeiture. Nothing in this Conservation Easement shall result in a forfeiture or
revision of Grantor's title in any respect.
G. Successors. As stated in the above recitals, all covenants, terms, conditions,
and restrictions of this Conservation Easement shall run with the land and be
binding upon, and inure to the benefit of, the parties hereto and their respective
successors and assigns.
H. Severability. If any portion of this Conservation Easement is declared unlawful or
invalid, the remainder of the Conservation Easement shall remain in full force
and effect.
11
Packet Page 132 of 290
Authority of si natories. The individuals executing this Conservation Easement
warrant and represent that they are duly authorized to execute and deliver this
Conservation Easement.
J. No merger. If Grantee at some future time acquires the underlying fee title in the
Protected Property, the interest conveyed by this Deed will not merge with fee
title but will continue to exist and be managed as a separate estate.
XVI. Environmental Compliance.
A. Grantor represents and warrants that, after reasonable investigation and to the
best of Grantor's knowledge, Grantor and the Protected Property are in
compliance with all federal, state and local laws, regulations and requirements
applicable to the Protected Property and its use, including without limitation all
federal, state and local environmental laws, regulations and requirements.
B. Grantor further represents and warrants that there has been no release,
dumping, burying, abandonment or migration from offsite onto the Property of
any substances, materials or wastes that are hazardous, toxic, dangerous or
harmful or are designated as, or contain components that are subject to
regulation as hazardous, toxic, dangerous or harmful by any federal, state or
local law, regulation, statute or ordinance. There is no pending or threatened
litigation affecting the Property or any portion of the Property that will materially
impair the Conservation Values. No civil or criminal proceedings have been
instigated or are pending against Grantor or its predecessors by government
agencies or third parties arising out of alleged violations of environmental laws,
and neither Grantor nor its predecessors in interest have received any notice of
violation, penalties, claims, demand letters or other notifications relating to a
breach of environmental laws.
C. Remediation. If at any time there occurs or has occurred a release in, on or
about the Property of any substances now or hereafter defined, listed or
otherwise classified pursuant to any federal, state or local law, regulation or
requirement as hazardous, toxic or dangerous to the air, water or soil, or,in any
way harmful or threatening to human health or environment, Grantor agrees to
take all steps necessary to assure its containment and remediation, including any
cleanup that may be required, unless the release was caused by the Grantee, in
which case Grantee shall be responsible for remediation.
TO HAVE AND TO HOLD unto GRANTEE SNOHOMISH COUNTY, its respective successors
and assigns forever.
12
Packet Page 133 of 290
IN WITNESS WHEREOF the parties have, by their authorized officers, set their own hands as
of the day and year first stated above.
GRANTOR:
By: David O. Earling
Its: City Mayor
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
1, certify that I know or have satisfactory evidence
that is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to
execute the instrument; and acknowledged it, as the _ of the
, the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Attest:
City Clerk
APPROVED AS TO FORM
City Attorney Date
Printed Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
13
Packet Page 134 of 290
ACCEPTED BY GRANTEE:
On _, 201_ the Snohomish County Council adopted Motion = _ authorizing the
County Executive to accept the Conservation Easement, pursuant to RCW 64.04,130.
GRANTEE:
SNOHOMISH COUNTY
By:
John Lovick
Snohomish County Executive
STATE OF WASHINGTON }
) ss.
COUNTY OF SNOHOMISH }
I, certify that I know or have satisfactory evidence
that is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to
execute the instrument; and acknowledged it, as the of Snohomish
County, the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day
and year first above written.
APPROVED AS TO FORM:
Deputy Prosecuting Attorney Date
Printed Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
14
Packet Page 135 of 290
EXHIBIT A
LEGAL DESCRIPTION OF
PROPERTY SUBJECT TO CONSERVATION EASEMENT
For APNJParc;el I❑ s : 004342-099-001-00 004342-100-000-00 and 004342-101-021-00
Lots 1 through 20, Block 99, all of Block 100, and Lots 21 through 40, Block 101, plat
of the City of Edmonds, according to the Plat thereof recorded in Volume 2 of Plats,
page 39, records of Snohomish County, Washington.
Situate in the County of Snohomish, State of Washington.
15
Packet Page 136 of 290
EXHIBIT B
(BASELINE DOCUMENTATION)
I. CURRENT CONDITIONS
II. PROPERTY DATA
A. Present Use.
B. Accessibility and Road Frontage.
C. Land Area.
D. Land Shape. .
E. Land Contour and Elevations.
F. Minerals and Soil.
G. Flood Zone Information.
H. Flora.
I. Wetlands.
16
Packet Page 137 of 290
III. PICTORIAL ASSESSMENT OF CURRENT SITE CONDITIONS
The following photographs of the Protected Property are not in recordable form and are available and on file
with the Snohomish County Parks and Recreation Department:
Said photographs demonstrate current site conditions, features, typical flora, and impact of human
development
17
Packet Page 138 of 290