HomeMy WebLinkAboutConservancy Area Plan Conservation Easement - PLN General Alderbrook Resort
Conservancy Area Plan
Conservation Easement
THIS COVENANT TO Mason County, State of Washington, hereinafter"County" is
entered into as part of the Alderbrook Resort Conservancy Plan, concerning real property legally
described in Exhibit A (attached hereto and by this reference incorporated herein the "Property").
North Forty Lodging LLC ("Owner"), on behalf of itself and its assigns and successors interest
into whose ownership the Property may pass, covenants that certain uplands and streams as
shown on the attached Alderbrook Resort Conservancy Area Plan (attached hereto as Exhibit B
and by this reference is incorporated herein the "Plan Area") will be maintained in their natural
state.
Owner herein covenants to the County on behalf of itself and its assigns and successors in
interest into whose ownership the Property might pass, as follows, it being specifically agreed
and covenanted that this is a covenant running with the land.
1. Owner is the sole and exclusive owner of the Property;
2. It is the purpose of this covenant to require that certain uplands, wetlands, and
stream areas shown in the Plan Area shall be left in a natural state in order to
preserve and protect the uplands, wetlands, and stream area ecosystem.
3. Consistent with the purposes of this covenant, uplands and stream areas shown in
the Plan Area shall be left in a natural state, which consists of steep slopes that
rise abruptly from the shoreline of Hood Canal with thickly wooded dense mature
conifer forest. The following activities shall not occur within the Plan Area:
i. The construction of any structure;
ii. The removal, excavation, grading or dredging of soil, sand, gravel,
minerals, organic matter, or material;
iii. The destruction or alteration of vegetation through trimming, clearing,
harvesting, or intentional burning.
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4. The creation of a minimally invasive interpretive trail system through the Plan
Area shall be permitted as part of this easement as long as the appropriate permits
are obtained.
5. Nothing in this covenant shall be construed to provide for public use of or entry
into the Plan Area. However, representatives and agents of the County are hereby
authorized to make reasonable entry into the Plan Area for purposes related to
administering this covenant; provided that the Owner and its successors or assigns
are given at least 24-hours advance notice of an such entry.
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6. The provisions of this covenant are enforceable in law or equity by the County
and its successors.
7. This covenant and all of the provisions, and each of them, shall be binding upon
the Owner and its assigns and successors in interest into whose ownership the
property may pass and any obligations made herein by the Owner shall be
enforceable against its assigns and successors in interest into whose ownership the
Property may pass.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year indicated below
Dated this day of July, 2003.
APPROVED AS TO FORM ONLY:
MASON COUNTY
By E r`U--, ��-
Its: �n c•� �a nr J s P [ .f y—
STATE OF WASHINGTON
COUNTY OF MASON
I certify that I know or have satisfactory evidence that[name_] is the person who appeared before me,and
said person acknowledged that he/she signed this instrument,on oath state that he/she was authorized to execute the
instrument and acknowledged it as the [officer ) of[company )to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
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Dated:
Notary Public
My appointment expires:
NORTH FORTY LODGING LLC
By
Brian McGinnis
Its: President
STATE OF WASHINGTON )
COUNTY OF KING )
I certify that I know or have satisfactory evidence that[named is the person who appeared before me,and
said person acknowledged that he/she signed this instrument, on oath state that he/she was authorized to execute the
instrument and acknowledged it as the [officer ] of[company ] to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
My appointment expires:
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Exhibit A
Legal Description
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Exhibit B
Plan Area
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