HomeMy WebLinkAboutDeclaration of Covenants - PLN General - 6/23/2010 AFTER RECORDING RETURN TO:
Department of Natural Resources
Asset Management and Recreation Division
ATTN:Trust Land Transfer Program
PO Box47014 1960307 MASON GON Olympia,WA 98504-7014 07/2uza10 11:4e an oea Co WA
DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS RELATED
TO THE DEDICATION OF RENDSLAND CREEK TRUST LAND TRANSFER
02-084892 AS AQUATIC LAND AND MANAGEMENT COMMITMENT
Mason County
Grantor: State of Washington,by and through the Department of Natural Resources
Grantee: Department of Natural Resources,Aquatic Resources Division
Abbreviated Portion of government lots 3 and 4 and second class tidelands in Section 19,
Legal Desc: T22N,R3W,W.M.
Tax Parcel#: 322198888888
THIS DECLARATION is made this il3f day of S 20_� Y]0 b the State of
Washington,Department of Natural Resources(DNR).
RECITALS
WHEREAS,the State of Washington owns that certain real property legally described as
set forth on Exhibit A attached hereto and incorporated herein by this reference(the Property);
WHEREAS,Peter Goldmark,Conunissioner of Public Lands,following the approval of
the Board of Natural Resources,designated the Property for management as aquatic land
pursuant to Laws of 2009,ch.497,§3203;and
WHEREAS,DNR desires to place a Declaration of Covenants,Conditions,and
Restrictions declaring that the Property shall be utilized perpetually as aquatic land and desires
this Declaration to be recorded as a covenant running with the land to bind the Property
according to the terms of this instrument.
NOW,THEREFORE,DNR hereby declares that the Property shall be used perpetually as
aquatic land only subject to further restrictions of use as set forth herein.
Section 1. Restriction on Use of Property. DNR will manage the Property as it manages
state-owned aquatic lands as defined by RCW 79.02.010(1),and as consistent with the public
uses of fish and wildlife habitat,open space and recreation. No uses are to be made of the
Property except those consistent with its designation. No additional or future restrictions may be
placed on the Property without the approval of the Commissioner of Public Lands. DNR shall
manage the Property consistent with its designation as aquatic land,and as consistent with the
public uses of fish and wildlife habitat,open space and recreation,and subject to any
management plan that is adopted Any other use or activity on the Property which is or may
become inconsistent with the purposes of aquatic land management,the preservation of the
Property in its natural condition,or the protection of its ecological features,or any management
plan that is adopted,is prohibited
Section 2. This Declaration does not convey to the public the right to enter the Property for any
purpose whatsoever,except as is consistent with its designation to be managed as aquatic lands
and as is consistent with the public uses of fish and wildlife habitat,open space and recreation.
Section 3. The covenants and restrictions of this Declaration shall run with the land and bind the
Property.
Section 4. This Declaration,and any future changes duly authorized in writing by the
Commissioner of Public Lands,shall be recorded in the Auditor's Office of Mason County.
Section 5. Each covenant,condition,and restriction contained in this Declaration may be
enforced by DNR while the Property is in state ownership.
Section 6. This Declaration shall be governed by and construed in accordance with the laws of
the State of Washington.
Section 7. This Declaration shall take effect when recorded.
This Declaration is executed and delivered pursuant to Laws of 2009,ch.497,§3203 and
pursuant to Commissioner's Order No. ;Z 0 k Q;,3 ,dated ffuine a 5, 2-0\0
entered by the Commissioner of Public Lands with the approval of the Board of Natural
Resources,State of Washington.
IN WITNESS WHEREOF,this._�2 day of ,2010.
S10 STATE OF WASHINGTON
QQGo • ....... DEPARTMENT OF NATURAL RESOURCES
960.
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'�'•. PET R G D
J'••..••••••••.%eb Comm Public Lands
Approv d as to form thi&�ay
o ,2010.
As 'stant Attom eral