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Home My WebLink AboutNorth Forty Lodging, LLC Alderbrook Resort Conservancy Area Plan Conservation Easement Amended 03-10-2020 MC Contract *2 0-02 5 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. l. 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. 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 any such entry. 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 the 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 /6-4/" day of March 2020. BOARD OF COUNTY COMMISSIONERS NORTH FORTY LODGING LLC MASON COUNTY,WASHINGTON Sharon Trask, Chair kau 4 c Title: STATE OF WASHINGTON ) COUNTY OF KING ) I certify that I know or have satisfactory evidence that5niAUI(\ R• tWMP(is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath state that� he/she was a;i Qri d,tq(14 C execute the instrument and acknowledged it as the c\kty&l(Ylk('t ( \1 eU'\flx*11 't. •e e fre and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated:Lit•)5 •aQ ) L 1r . rk- Notary Public My appointment expires:3•c. O ,c MICHELLE S RITCHIE Notary Public State of Washington My Commission Expires March 20,2022 . Exhibit A Legal Description CONSERVANCY EASEMENT DESCRIPTION THE EAST ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M., MASON COUNTY, WASHINGTON. EXCEPTING THEREFROM, ALL THOSE PORTIONS THEREOF WHICH LIE WITHIN THE PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES DIVISION NO. 3 AS PER PLAT RECORDED IN VOLUME 7 OF PLATS, PAGES 3 TO 6, BOTH INCLUSIVE, RECORDS OF MASON COUNTY,WASHINGTON. AND EXCEPTING THEREFROM ANY PORTION LYING WEST OFA LINE BEGINNING AT THE NORTHERLY LINE OF THE PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES DIVISION NO. 3, AS PER PLAT RECORDED IN VOLUME 7 OF PLATS, PAGE 3 TO 6, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON; THENCE NORTHERLY ALONG SAID LINE RUNNING PARALLEL WITH AND 150 FEET WESTERLY OF THE CENTERLINE OF ALDERBROOK CREEK TO A POINT ON THE NORTH LINE OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M., MASON COUNTY,WASHINGTON, AND THE TERMINUS. AND EXCEPTING THEREFROM THE FOLLOWING: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M., MASON COUNTY, WASHINGTON; THENCE NORTH 88°13'15" WEST, ALONG THE NORTH LINE SAID SECTION 4, 61.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°13'15" WEST 240.00 FEET; THENCE SOUTH 01°46'45" WEST 85.00 FEET; THENCE SOUTH 88°13'15" EAST 240.00 FEET; THENCE NORTH 01°46'45" EAST 85.00 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: THE SOUTH ONE HALF OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M., MASON COUNTY, WASHINGTON, EXCEPTING THEREFROM, ALL THOSE PORTIONS THEREOF WHICH LIE WITHIN THE PLAT OF ALDERBROOK GOLF AND COUNTRY CLUB, AS PER PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 15 TO 18, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON; AND EXCEPTING THEREFROM, ALL THOSE PORTIONS THEREOF WHICH LIE WITHIN THE PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES DIVISION NO. 1, AS PER P LAT R ECORDED IN V OLUME 7 O F P LATS, PAGES 3 6 A ND 3 7, RECORDS OF MASON COUNTY, WASHINGTON. AND EXCEPTING THEREFROM, ALL THOSE PORTIONS THEREOF WHICH LIE WITHIN THE PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES DIVISION NO. 3 AS PER PLAT RECORDED IN VOLUME 7 OF PLATS, PAGES 3 TO 6, BOTH INCLUSIVE, RECORDS OF MASON COUNTY,WASHINGTON AND EXCEPTING THEREFROM, ALL THAT PORTION THEREOF PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF BEACH DRIVE AS SHOWN ON THE PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES DIV. THREE, VOLUME 7 OF PLATS, PAGES 3 TO 6, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON, NORTH 12°22'24" WEST 20 FEET AND SOUTH 77°37'36" WEST, 157.21 FEET FROM THE NORTHEAST CORNER OF LOT 12H OF SAID PLAT; THENCE SOUTH 12°22'24" EAST, ALONG SAID WESTERLY LINE OF BEACH DRIVE, 85 FEET; THENCE NORTH 78°08'44" WEST, 109.66 FEET; THENCE NORTH 45°06'31" WEST 83.22 FEET; THENCE NORTH 35°44'56" EAST, 194.74 FEET, TO SAID WESTERLY LINE OF BEACH DRIVE; THENCE SOUTH 12°22'24" EAST, ALONG SAID WESTERLY LINE, 160 FEET, TO THE POINT OF BEGINNING. AND EXCEPTING THEREFROM, ALL THOSE PORTIONS OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M., MASON COUNTY, WASHINGTON, WHICH LIE WESTERLY OF THE WESTERLY LINE OF THE PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES DIVISION NO. 3 AS PER PLAT RECORDED IN VOLUME 7 OF PLATS, PAGES 3 TO 6, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON AND NORTHERLY OF THE NORTHERLY LINE OF THE PLAT OF ALDERBROOK GOLF AND COUNTRY CLUB, AS PER PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 15 TO 18, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON. AND EXCEPTING THEREFROM THE FOLLOWING: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M., MASON COUNTY, WASHINGTON, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE W EST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF 400.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY TO THE NORTHERNMOST CORNER OF LOT 18OF THE RE-PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES, DIVISION ONE, AS RECORDED IN VOLUME 7 OF PLATS, PAGE 36, RECORDS OF MASON COUNTY, WASHINGTON, THENCE SOUTHERLY, ALONG THE NORTHEASTERLY AND SOUTHEASTERLY LINES OF SAID LOT 18, TO THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND THE TERMINUS OF THIS DESCRIBED LINE. ALSO, TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF THE NORTH ONE HALF OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M WHICH LIES NORTHERLY OF LOT 45, ALDERBROOK, GOLF AND COUNTRY CLUB, AS PER PLAT RECORDED IN VOLUME 6 OF PLATS, PAGES 15 TO 18, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON AND WESTERLY OF LOT 8, A LDERBROOK GOLF A ND YACHT CLUB ESTATES RE-PLAT- DIVISION ONE, VOLUME 7 OF PLATS, PAGES 36 AND 37, RECORDS OF MASON COUNTY,WASHINGTON. ALSO TOGETHER WITH THAT PORTION OF THE NORTH ONE HALF OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M WHICH LIES NORTHERLY OF LOTS 11, 14, 15, AND 16 OF THE PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES RE-PLAT - DIVISION ONE, VOLUME 7 OF PLATS, PAGES 36 AND 37, RECORDS OF MASON COUNTY, WASHINGTON. ALSO TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M WHICH LIES WESTERLY OF LOT 35H OF THE PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES DIV. THREE, VOLUME 7 OF PLATS, PAGES 3 TO 6, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON. ALDERBR►•K RESORT l EXISTING ACCESS -- SR 106 ROADWAY '� i - PROPOSED PARKING IMPROVEMENTS CONSERVATION +�;. EASEMENT EXCEPTION L �,' •. 1r,�m1 '- + 12 32104-21-00010 PN 3 21 04-12-6012 0 t' it WATERMARK TRACT 12 OF LLS SURVEY i ' EAST LLC 10230 E `— --- PN 3210421-00000 "As AF 499501 PTN OF W Z : L POINTS OR. PCL 2 OF BLA fga10 NE SIZE 5.54 ACRES. SUITE 200 / PTN NENWEX •. ' KIRKLAND,WA ,'LI OWNED BY NORTH FORTY ` LODGING.TOTAL PARCEL n 4) /O WITHOUT REVISION=31 �� zo n ACRES.TOTAL PARCEL $ WITH REVISION=3042 •,. • , ACRES. TRACT 11 OF LLS SURVEY ,'{', Y` n tys•AF 499501 PTN OF MI NE SIZE 5.54 ACRES. PN 32104-21-00000 �, .. ti. 'CONTINUED" iiiA►� OWNED BY NORTH32 , FORTY LODGING• - •''>•,, I TOTAL PARCEL �, -- - ,,?•. S2E 9.39 ACRES 1 ,/ GO `4A TRACT 10 OF LLS SURVEY „..'`. i NE SIZE 499501 PTN . W yj �' NE SIZE 5.54 ACRES. '/ ,,J,...' 1116AISII �{ iI Opp* WI 4. •4� TRACT80FLLSSURVEY �'"-•�s .� I y4,AF 499501 PTN OF Wy, j,� CLALDERBROOK NE SIZE 5.54 ACRES. ., CREEK .z ktS40#1TRACT 5 OF LLS SURVEY40/1* �� NE SIZE 5.54 ACRES. F W yi It• • PN 32104-21-00000 4 zz iV - -1------------ PCL 2 OF MA Ip910 PIN NE NW EX OWNED BY NORTH FORTY LODGING TOTAL ACO PN 32104-24-00000 CONVERSION TO THE l PCL 1 OF BLA#07-76 CONSERVATION PTN SE NW EX S 1jy,,S'3 4 EASEMENT=2.13 ACRES OWNED BY AGYC --- -- - CONSERVATION i"----- EASEMENTADDITION 1 I z 101y CONSERVATBOUNDARYOFIONTHE 0Pir � EASEMENT 44 1074*. • 1 O or . s 1 o.c. ilio, ir ,�O' ,I' ::‘ ipp:: ~tt"~t ,u , . ./#0,,, A ,,, • ....,. , n r EXH/B/TB-ALDERBROOK CONSERVANCY AREA PLAN