011-24 - Resolution - Conservation Easement for TreeDocuSign Envelope ID: CBCC5612-D8E0-4C65-9850-7F752D71DF55
RESOLUTION NO. 011-24
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
AND ACCEPTING CONSERVATION EASEMENT FOR TREE AREA.
WHEREAS; the City of Port Orchard, hereinafter referred to as the "Grantee," and JL
Group, LLC, hereinafter referred to as the "Grantor," entered into a Development Agreement on
October 24, 2024, allowing modifications to the required development standards to preserve a
significant redwood tree on the property identified by tax parcel 252401-3-007-2005 Kitsap
County, Washington, legally described on Exhibit A of the Conservation Easement attached
hereto and incorporated herein by reference (the "Protected Property"); and
WHEREAS; in accordance with the Development Agreement, the Grantor is obligated to
grant a conservation easement to the City to protect the redwood tree in perpetuity; and
WHEREAS; the Grantor is the sole owner in fee simple of the Protected Property and
warrants good legal title to the Protected Property, with the right to convey the Conservation
Easement, free and clear of encumbrances, except those general exceptions contained in the title
policy and any special exceptions accepted by the Grantee; and
WHEREAS; the Protected Property, zoned Commercial Mixed -Use, is in the process of
redevelopment for medical office purposes, containing a significant redwood tree on the
southwest corner of the Protected Property; and
WHEREAS; the Conservation Easement is authorized by RCW 64.04.130, the provision of
state law governing conservation easements; and
WHEREAS; the Grantor and the Grantee intend to retain the Tree Area, encompassing the
significant redwood tree and the surrounding land to the tree dripline, as a protected area to be
preserved and not developed, with the legal description set forth on Exhibit B of the Conservation
Easement attached hereto and incorporated herein by reference; and
WHEREAS, a Site Plan, attached hereto as Exhibit C of the Conservation Easement and
incorporated herein by reference, identifies the Tree Area, describes the current condition and size
of the redwood tree, and serves as a reference for the monitoring and enforcement of the
Conservation Easement restrictions; and
WHEREAS; the City, as the Grantee of this Conservation Easement for the Tree Area, is a
qualified holder of conservation easements under RCW 64.04.130; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The Conservation Easement for the Tree Area of the Protected Property, as
described in Exhibit B and depicted in the Site Plan, is hereby accepted, and
DocuSign Envelope ID: CBCC5612-D8E0-4C65-9850-7F752D71DF55
Resolution No. 011-24
Page 2 of 2
THAT: The Mayor is authorized to execute the Conservation Easement on behalf of the
City, and the City Clerk is directed to record the Conservation Easement with the Kitsap
County Auditor's Office, and
THAT: The City Attorney is directed to take any necessary legal actions to effectuate the
terms and conditions of the Conservation Easement, and
THAT: This Resolution shall take effect immediately upon passage.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 27t" day of February 2024.
FDocuSigned by:
b PlM"MUSWA,
E3F58+1i' ...
Robert Putaansuu, Mayor
ATTE5TuSigned by:
1°�Va�n o� UJAU ,
Brandy Wallace, MMC, City Clerk
DocuSign Envelope ID: CBCC5612-D8E0-4C65-9850-7F752D71DF55
CITY OF PARI' ORCHARD 202403210075
Easement Rec Fee $ 319 50
03/21/2024 01:50 PM Page 1 of 17
Paul And ews, Kitsap Co Auditor
Name and Mailing Address
City of Port Orchard -Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
The Recorder is required to use only the information
you provide on this cover sheet to index the document.
Type or print legibly.
Document Title(s): Grant of Conservation Easement for Tree
Preservation
Auditor's File Number of Document (s) Referenced: 202401250050
Grantor(s) person(s) that conveys, sells or grants interest in property: JL Group, LLC
Grantee(s) person that buys, receives or to whom conveyance of property is made:
City of Port Orchard
Abbreviated Legal Description:
• Quarter, Quarter, Section, Township, Range (and Government lot # if applicable); OR
• Plat/Condo Name, lot or unit number, building or block number; OR
• Short Plat, Large Lot number, lot number and auditor file number
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.
Assessor's 14 digit Tax Parcel Number: 252401-3-007-2005
04/25/ 14
DocuSign Envelope ID: CBCC5612-D8E0-4C65-9850-7F752D71DF55
After Recording Return to:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
Document Title:
Reference Numbers:
Grantor:
Grantee:
Abbreviated Legal Description:
Assessor's Property Tax Parcel No.
Grant of Conservation Easement
202401250050
JL Group, LLC, a Washington limited liability company
City of Port Orchard, a Washington municipal corporation
THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON (Full Legal on Exhibit A)
252401-3-007-2005
GRANT OF CONSERVATION EASEMENT FOR TREE PRESERVATION
THIS GRANT OF A PERPETUAL CONSERVATION EASEMENT
(hereinafter "Conservation Easement") is made this 27th day of February, 2024, by JL
Group, LLC, a Washington limited liability company (hereinafter "Grantor"), to City of
Port Orchard, a Washington municipal corporation (hereinafter "Grantee" or "City"), in
perpetuity as holder of the Conservation Easement pursuant to RCW 64.04.130.
Individually they are a "Party" and together they are the "Parties."
RECITALS:
A. Grantor is the sole owner in fee simple of the property located on tax parcel
252401-3-007-2005 Kitsap County, Washington which is legally described on Exhibit A,
which is attached hereto and incorporated herein by reference (the "Protected
Property"). The Protected Property consists of approximately 4,536 square feet of land,;
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
Conservation Easement
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D. The Protected Property is zoned Commercial Mixed -Use and is in the
process of being redeveloped for medical office. The Protected Property contains a large
redwood tree of significance on the south-west corner of the Protected Property; and
E. On October 24, 2024, the City and the Grantor entered into a Development
Agreement to allow modifications to the required development standards in order to
preserve the redwood tree on the Protected Property in perpetuity. This Development
Agreement required Grantor to grant a conservation easement to the City to protect the
tree; and
E. This Conservation Easement is authorized by RCW 64.04.130, the
provision of state law governing conservation easements; and
F. The Grantor and the Grantee intend and have the common purpose of retaining the
portion of the Protected Property which contains the tree and the surrounding land to the
tree dripline (hereinafter "Tree Area") as a protected area which shall not be developed.
The legal description for the Tree Area is set forth on Exhibit B which is attached hereto
and incorporated herein by reference. Such protection of the Tree Area shall continue as
a servitude running with the land, and authorizing Grantee to monitor and enforce such
restrictions, as described herein; and
G. A site plan that is to scale identifying the Tree Area and describing the
current condition and size of the redwood tree is attached to this Agreement as Exhibit C
and incorporated herein by reference as though set forth in full (the "Site Plan"); and
H. City, as the Grantee of this Conservation Easement of the Tree Area
portion of the Protected Property, is a qualified holder of conservation easements under
RCW 64.04.13 0;
AGREEMENT:
NOW, THEREFORE, for and in consideration of the above recitals and the
mutual covenants, terms, conditions, and restrictions contained herein 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 Chapter 64.04 of the Revised
Code of Washington, the Parties hereby agree as follows:
I. Grant. Grantor hereby grants to the Grantee a perpetual Conservation
Easement over, under, across and through the Tree Area of the Protected Property, as
described in Exhibits B and C, to protect, preserve, maintain, improve, restore, limit
future use of or otherwise conserve the Tree Area for the perpetual health of the tree.
II. Purpose. The purpose of this Conservation Easement is to assure that the
Tree Area 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 health of
the tree or Tree Area. Grantor intends that this Conservation Easement will confine the
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use of, or activity on, the Tree Area 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 Tree Area for
the health and preservation of the tree.
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 Tree
Area to monitor compliance with this Conservation Easement; (ii) to protect,
preserve, maintain, improve and restore the Tree Area; 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 Tree Area 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 Tree Area as may be damaged by uses or activities inconsistent with the
provisions of this Conservation Easement, all in accordance with Section VIII.
D. The right to enforce the terms of this Conservation Easement, consistent with
Section VIII.
E. The right to place a sign on the Protected Property which acknowledges this
Conservation Easement and any conditions of access under this 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
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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, Improvements to the Protected Property shall be limited to those which do
not impact the Tree Area or endanger the health of the redwood tree. Any
activities, improvements, or development that do not impact the Tree Area
or the health of the redwood tree are allowed consistent with applicable
code. Grantee acknowledges and agrees that the Development Project
described in the Development Agreement between the Parties, including
work performed under Port Orchard development permits PW23-033,
PW23-034, and PW23-035, is authorized and no additional notice or
requirements under this Conservation Easement are required in order for
Grantee to implement the Development Project.
C. Nothing herein precludes the Grantor from demolishing, removing, and
remediating existing improvements on the Protected Property as of the date
of this Conservation Easement.
V. 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.
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VI. Extinguishment. This Conservation Easement may be terminated or
extinguished, whether in whole or in part, only under one or more of the following
circumstances:
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 the redwood tree is no longer standing in the Tree Area,
through no fault of the Grantor, as a result of acts of God, such as fire,
flood, storm, and earth movement. Any and all costs of the clean-up and
removal shall be borne by Grantor.
C. In the event the redwood tree deteriorates through no fault of Grantor and
such deterioration creates a risk to public safety, the Grantor may provide
the report of a certified arborist to the City with information about the
condition of the tree, the viability of preserving the tree, and any applicable
risk to public safety. In such case, the City will consider whether the tree
should be removed, and the Conservation Easement terminated or whether
the tree can be saved or replaced, and the Conservation Easement
maintained. The City's decision shall be final. Any and all costs for such
removal, including clean-up and restoration shall be borne by Grantor.
D. By mutual agreement of the Parties.
VII. 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, including performing routine and general maintenance in and upon
the Tree Area.
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 VIII
below, the Grantor shall pay all reasonable costs and expenses associated
with the enforcement action, including but not limited to, reasonable
attorneys' fees.
VIII. Enforcement and 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:
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A. Entry 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, 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 Tree Area
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 Site
Plan as a basis for enforcing the provisions of this Conservation Easement,
but is not limited to the use of the Site Plan 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 Tree Area 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. The costs of such ation
shall be borne by Grantor.
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.
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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.
F. Waiver of Def-enses. 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,
laches, 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 Tree Area
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.
IX. 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 Tree Area of 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 Tree Area of the Protected
Property, at any time, of any substance now or hereafter defined, listed or
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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.
X. Recordation. Grantee shall record this instrument in the Office of the Kitsap
County Auditor and may re-record it at any time.
XI. 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: City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
Grantor(s): JL Group, LLC
Shelly Cook
2893 Erlands Beach Loop NW
Bremerton, WA 98312
or to such other address as any Party from time to time shall designate by written notice
to others.
XII. 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 Kitsap 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 Tree Area 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 Kitsap County Superior Court.
C. lnterprctation. 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.
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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. Severabiiity. 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.
I. Autliori of Sipnatories. 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.
XIII. 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
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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 Tree Area. 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 CITY OF PORT ORCHARD,
its respective successors and assigns forever.
IN WITNESS WHEREOF the Parties have, by their authorized officers, set
their own hands as of the day and year first stated above.
GRANTOR:
JL Group, LLC
°u ""Akt ;.off ovc,
By: Jerrold Stuart Johnson
it, Owner/Manager
02/28/2024
STATE OF WANTON Texas )
) ss.
COUNTY OF KJrS1)tP Tarrant )
I, Mark Johnson certify that I know or have satisfactory
evidence that Jerrold Stuart Johnson 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 Owner/Manager
of the JL Group LLC , the free and voluntary act of such Party for the uses
and purposes mentioned in the instrument.
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Electronically signed and notarized online using the Proof platform.
DocuSign Envelope ID: CBCC5612-D8E0-4C65-9850-7F752D71DF55
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
dal+llular,
p T �y�
Mark Johnson
tl�1
All o
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ID NUMBER
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134624548
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COMMISSION EXPIRES
NMI
November 28, 2627
Printed Nay Mark Johnson
NOTARY PUBLIC in and for the State of Texas
02/28/2024 Tarrant
N11rgtan, residing at
ACCEPTED BY GRANTEE:
My Commission Expires: 11/28/2027
On February 27, 2024, the Port Orchard City Council adopted Resolution No. 011-24
authorizing the Mayor to accept the Conservation Easement, pursuant to RCW 64.04.130.
GRANTEE:
CITY OF PORT ORCHARD
By:
Robert Putaansuu, Mayor
Attest:
Brandy Wallace, City Clerk
Approved as to form:
Charlotte Ar, ier, City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I, �)e 11 / [ e- 9C QI certify that I know or have satisfactory
evidence that Robert Putaansuu is the person who appeared before me, and said person
acknowledged that he signed this instrument; on oath stated that he was authorized to execute
the instrument; and acknowledged it, as the Mayor of the City of Port Orchard, 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.
Conservation Easement
Page l 1 of 14
DocuSign Envelope ID: CBCC5612-D8E0-4C65-9850-7F752D71DF55
�,�1�5i1111711 �1.�.
PAY P(J
rr
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C6f1FmI551pn HtlR+b6I 151224 (y'
=cn Jenlne Floyd
=-{ 2
y My Appainlmenl Expires C) r
f11f3120�6 ��
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Conservation Easement
Page 12 of 14
Printed Name:,�
NOTARY PUBLIC in aid for the State of
Washington, residing at
My Commission Expires:
DocuSign Envelope ID: CBCC5612-D8E0-4C65-9850-7F752D71DF55
DocuSign Envelope ID: 9CE23DC9-F5E2-41AC-90B5-554232A6CF09
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
t�pY pU8 Mark John@on
Printed NaI a: Mark Johnson
ID NUMBER Texas
a ,Bea2asae NOTARY PUBLIC in and for the State of
COMMISSION EXPIRES 02/28/2024 Tarrant
l4rir1411 Nowmbw2B,1027 N1:,TWa5fTlTigtOn, re9lding at
My Commission Expires: 11/28/2027
ACCEPTED BY GRANTEE:
On February 27, 2024, the Port Orchard City Council adopted Resolution No. 011-24
authorizing the Mayor to accept the Conservation Easement, pursuant to RCW 64.04.130.
GRANTEE:
CITY OF PORT ORCHARD
Robert Putaansuu, Mayor
Attest:
Brandy Wallace, City Clerk
rswwAns to form:
S7 „
Charlotte Archer, City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I, certify that I know or have satisfactory
evidence that Robert Putaansuu is the person who appeared before me, and said person
acknowledged that he signed this instrument; on oath stated that he was authorized to execute
the instrument; and acknowledged it, as the Mayor of the City of Port Orchard, 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.
Conservation Easement
Page 11 of 14
DocuSign Envelope ID: CBCC5612-D8E0-4C65-9850-7F752D71DF55
EXHIBIT A
Legal Description of Protected Property
For APN/Parcel ID(s): 252401-3-007-2005
Lep-al Description of Protected Property:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING 685
FEET SOUTH OF THE NORTHWEST CORNER OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON; THENCE SOUTH 120 FEET; THENCE EAST 335 FEET; THENCE
NORTH 120 FEET; THENCE WEST 335 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF LYING WEST OF THE EAST MARGIN OF
MITCHELL ROAD; TOGETHER WITH THAT PORTION OF VACATED COUNTY
ROAD PER VOLUME 8 OF COMMISSIONER'S JOURNAL, PAGE 591,
ADJOINING SAID PREMISES ON THE EAST.
Subject to easements and reservations of record.
Situate in the County of Kitsap, State of Washington
Conservation Easement
Page 13 of 14
DocuSign Envelope ID: CBCC5612-D8E0-4C65-9850-7F752D71DF55
EXHIBIT B
Legal Description of Tree Area
For APN/Parcel ID(s): 252401-3-007-2005
Legal ❑escrit)tion of Tree Area Portion of, Proteeled Prone.r•ty:
In the Southeast Quarter of the Southwest Quarter of Section 25, Township 24 North,
Range 1 East, W.M., in Kitsap County, Washington: That portion of the Parcel
conveyed and described in the Statutory Warranty Deed recorded under AFN
201409260134, records of Kitsap County, which falls within the following described
Circle: Commencing at the South Quarter Corner of said Section 25 as shown on the
Survey recorded in Volume 66 of Surveys, Page 159, Records of Kitsap County;
THENCE N88012'26"W 1328.61 feet along the South Section Line as shown on said
Survey; THENCE N2°13'22"E 519.20 feet; THENCE S87°55'53"E 85.60 feet to the
Southwest Corner of said Parcel; THENCE S87°55'53"E 26.74 feet along the South
Line of said Parcel; THENCE N2°04'07"E to the Center of the herein described Circle,
said Circle having a radius of 38 feet.
Subject to easements and reservations of record.
Situate in the County of Kitsap, State of Washington
Conservation Easement
Page 14 of 14
DocuSign Envelope ID: CBCC5612-D8EO-4C65-9850-7F752D71DF55
EXHIBIT C
Site Plan Showing Tree and Surrounding Area Subject to Conservation Easement,
including Description of Current Size and Condition of Redwood Tree
S87'
u-r
38' RADIUS
ail DRIP LINE
EASEMENT
�a
I L=8.84, R=543.00
w 1=0"55'S9" 85
S87- 55' 53 "E 1,
-
587' 55' 537E
z
S2' 04' 07"W
3.5D'
rw N87' 55' 53"W
26,74'
zs 2S �1 1 /4 COR,
1328.61'
4"x4" CONCRETE MONUMENT
35 36 S88'12'26"E — 2657.23' W/ COPPER CENTER P0114T
(BASIS OF BEARINGS ROS 66/1761 VISITED 21121
CALCULATED POSITION
PER WITNESS CORNER
� Of r�
-� N.L. Olson & Associates, Inc.
Engineering, Planning and Suncying
)360) 895-2350 or (300) 876-2284 0 •61 62"4 i
2453 1461 l A%mic, 11.0. Bair 63 ,. 11orl i}���hun1• WA 9x366
Conservation Easement
Page 15 of 14