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HomeMy WebLinkAboutCONSENT NW School of Wooden Boat right of way Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Monte Reinders, Public Works Director/County Engineer Agenda Date: 1/5/2026 Subject: Grant of License to Northwest School of Wooden Boat Building for Use of the platted Wharf St. in the Supplementary Plat of the Town of Port Hadlock Statement of Issue: Public Works' staff request approval of the attached license to the Northwest School of Wooden Boat Building (NWSWBB) for construction, operation and maintenance of a wooden stairway/walkway. This stairway will enable the necessary and safe circulation and access between the south campus of the Northwest School of Wooden Boat Building and the north campus, the Ajax Café, the public boat launch, and the public dock in Port Hadlock. Analysis/Strategic Goals/Pro's Ft Con's: The License will allow NWSWBB to improve the existing trail within the Wharf Street right-of-way, will enhance public safety and access on a currently difficult segment of the right-of-way, and will provide a durable long-term infrastructure investment without the use of public funds. Fiscal Impact/Cost Benefit Analysis: The License does not require NWSWBB to pay compensation for use of the County property. NWSWBB agrees to indemnify and hold harmless the County for any claims, damage or injuries. The License also requires the NWSBB to maintain the site and remove and restore the property upon termination of the License. Staff time and recording to be paid by NWSWBB. Recommendation: The Board is requested to sign the attached license and return it to Public Works for further processing. Department Contact: Josh Thornton, Real Property Specialist 385-9162. Reviewed By: 41 4 i 4f4-1-,/ s o Peters, County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) o CONTRACT WITH: Northwest School of Wooden Boat Building Contract No: f;bif o2eo?S'/DO Contract For: real estate license for use of public right of way Term: undefined COUNTY DEPARTMENT: Public Works Contact Person: Joshua Thornton Contact Phone: 360-385-9162 Contact email: JThornton@co.Jefferson.wa.us AMOUNT: 0.00 PROCESS: L Exempt from Bid Process Revenue: 0.00 Cooperative Purchase ~ Expenditure: 0.00 _ Competitive Sealed Bid Matching Funds Required: 0.00 Small Works Roster Sources(s)of Matching Funds N/A _ Vendor List Bid Fund# N/A _, RFP or RFQ Munis Org/Obj N/A Other: APPROVAL STEPS: ___ STEP 1: DEPARTMENT CERTIFIES COM LIANCE WITH JCC 3.55.080 AND CHAPTER/ 42.23 RCW. CERTIFIED: ❑ N/A: ■❑ � 0+1 a / t, 79:5 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: ❑ N/A: E G�� c. +1. 1),/ /a5 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 12/11/2025. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):7Electronically approved as to form by PAO on 12/10/2025. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS *Document developed with Ariel Speser. STEP 7: SUBMIT TO BOCC FOR APPROVAL No substantive changes have been made since. 1 Jefferson County Department of Public Works 623 Sheridan Street Port Townsend,WA 98368 Document Title: License for Use of County Property Grantor: Jefferson County, a political subdivision of the State of Washington Grantee: Northwest School of Wooden Boat Building, a Washington nonprofit Corporation Legal Description: Wharf St., Suppl. Plat, Town of Port Hadlock, Vol. 1, Pg. 44 Assessor's Tax Parcel ID Number: 000-000-250; 901-013-016; 989-400-601; 989-400-702 RECITALS WHEREAS,Northwest School of Wooden Boat Building,a Washington nonprofit Corporation("Grantee")holds fee simple title to that certain real property situated in Jefferson County, Washington abutting Lower Hadlock Rd. and N. Water St. further described in the attached Exhibit A and commonly known as 21 & 32 N Water St., Port Hadlock, WA 98339& 163 Lower Hadlock Rd., Port Hadlock("the Properties"); and WHEREAS, the Properties contain existing commercial structures related to the operations of the north and south campus of the Northwest School of Wooden Boat Building and Ajax Café; and WHEREAS,the platted Wharf St. in the Supplementary Plat of the Town of Port Hadlock separates the properties, is not improved or in use as a roadway; and WHEREAS, Grantee would like to improve an existing trail within the Wharf St. right of way between the Properties with a crib staircase and handrail to enhance safety; and WHEREAS,these improvements directly benefit the Licensee's staff, students, and customers,this project is determined to be in the public interest based on the following: (1) enhancing general public safety and access on a currently difficult segment of the right-of-way; (2)providing a durable, long-term infrastructure investment without the use of public funds; and (3)promoting the continued viability and local economic contributions of a recognized educational institution and its related local business, which serves as a community and visitor asset. Page 1 of 8 NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY,WASHINGTON,HEREBY RESOLVE AS FOLLOWS: The GRANTOR,Jefferson County,a Washington municipal corporation, in order to enable the necessary and safe circulation and access between the south campus of the Northwest School of Wooden Boat Building and the North Campus, Ajax Café,Public Boat Launch and Public Dock in Port Hadlock, and for no monetary consideration, does hereby grant and convey to GRANTEE,Northwest School of Wooden Boat Building,a Washington Nonprofit Corporation, a license over, across and upon the real property legally described as Wharf Street as platted in the Supplementary Plat of the Town of Port Hadlock,Volume 1, Page 44, records of Jefferson County; situate in the County of Jefferson, State of Washington(the Property). The area subject to this license (the License Area) is within an approximate 30-foot by 60-foot strip on the southwestern most portion of the Warf Street ROW, and is more particularly shown on the diagram labeled Exhibit B, attached hereto and by this reference made a part hereof, subject to the following terms and conditions: 1. Use of License Area for Construction, Maintenance& Operation of Wooden Stairway/Walkway;No Representations or Warranties. The License Area may be accessed and used by Grantee for construction, operation and maintenance of a wooden stairway/walkway. Grantor makes no representations or warranties as to the condition of the Property or its suitability for Grantee's permitted uses. 2. Retained Rights of County. Except as otherwise explicitly limited under this License, Grantor retains all rights to access, use, and manage the affected area as part of the Wharf Street right-of-way. In the event the Grantor is required to enter the affected area to remediate any public health or safety issue resulting from Grantee's use of the affected area,the Grantor shall have the right to seek compensation from Grantee and to lien Grantee's property in the event Grantee fails to timely reimburse Grantor for such work. 3. Compensation for Grantee's Use of Affected Area. The County acknowledges that compensation is typically required for use of County property in order to comply with the state constitutional prohibition against conferring benefits on private interests where the public interest is not primarily served. In this particular case,the benefits to Grantee in the limited use of the County right-of-way under this License are deemed fully offset by the following public benefits: (1)enhancing general public safety and access on a currently difficult segment of the right-of-way; (2)providing a durable, long-term infrastructure investment without the use of public funds; and(3)promoting the continued viability and local economic contributions of a recognized educational institution and its related local business,which serves as a community and visitor asset; all of which serve a fundamental governmental purpose in protecting public health, safety and provide economic benefit to the community. Therefore,no additional monetary compensation is required in exchange for the County granting this License. Page 2 of 8 4. Grantee to Acquire Any Required Permits. Grant of this License does not satisfy or guarantee approval of any permits which may be required under Jefferson County Code. It is Grantee's responsibility to acquire any required permits for work on the Property. 5. Ownership of Wooden Stairway/Walkway; Removal at End of License Term. During the term of this License, Grantee shall retain ownership of the wooden stairway/walkway. Ownership shall not be transferred or assigned without the written permission of Grantor. At the end of the term of this License, Grantee shall remove all improvements installed by Grantee and shall repair any damage resulting from Grantee's use of the Property. 6. No Dumping; Maintenance of the Property. Grantee shall not deposit, or allow to be deposited, any waste material on the Property and shall be responsible for regular monitoring and maintenance of the License Area including,but not limited to, Grantee's improvements and removal of all trash. Grantee shall immediately notify Grantor in the event of any vandalism of Grantee's improvements on the Property. 7. Term of this License. The term of this License commences upon execution and terminates upon sixty(60)days written notice by either party. 8. Shared Use of the Property. During the License term, Grantee shall ensure that the Property, including the License Area, remains reasonably accessible for use by the Grantor for County and public purposes. 9. Indemnification. Grantee shall defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers(and their marital communities)harmless from any claims, injuries, damages, losses or suits, including attorney's fees, arising out of or resulting from the acts, errors or omissions of the Grantee in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine this Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the County, its officers,officials,employees, agents and volunteers (and their marital communities)the Grantee's liability, including the duty and cost to defend, shall be only for the Grantee's negligence. It is further specifically understood that the indemnification provided constitutes the Grantee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. This section shall survive the expiration or termination of this Agreement. 10. Insurance. Grantee shall obtain and keep in force during the term of this License,the following insurance: liability and property damage insurance in an amount not less than a single limit of one million and 00/100 dollars ($1,000,000),two million aggregate ($2,000,000) for bodily injury, including death and property damage pre occurrence. Jefferson County shall be named on all certificates of insurance as an additional insured. The certificates of insurance shall cover the activities allowed in the County's right-of- Page 3 of 8 way under this License. All insurance shall be obtained from an insurance company authorized to do business in Washington State. Owner shall submit a certificate of insurance to the County within 30 days after the recording of this License. 11. Grantor's Contact. The contact person and contact information for Grantor during the term of this License shall be: Name: Jefferson County Public Works Telephone: 360-385-9160 Email:pubworks(aco jefferson.wa.us 12. Grantee's Contact. The contact person and contact information for Grantee during the term of this License shall be: Name: Facilities Manager—Arthur Minnerly Telephone: 360-385-4948 Email: Arthur.minnerly@nwswb.edu 13. Covenants. Grantor covenants that it has lawful jurisdiction and control over the public right-of-way described herein, which includes the Territorial Street known as Wharf St., and possesses the authority to regulate the use thereof by granting this License. Grantee covenants that the person signing this License on behalf of Grantee is fully authorized to do so. THIS LICENSE requires the signature of all parties and shall be considered to have been executed as of the date of the last signature below. [Signatures on following pages! Page 4 of 8 Approved this of , 2025 by the Jefferson County Board of County Commissioners. GRANTOR: Jefferson County Approved as to form only: Board of County Commissioners Jefferson County, Washington r ' C December 10, 2025 By: By: V Heidi Eisenhour, Chair Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney State of Washington County of Jefferson This record was acknowledged before me on , by Greg Brotherton as the Chair of the Jefferson County Board of County Commissioners. Notary Public in and for the State of Washington. My Commission Expires Page 5 of 8 GRANTEE: Northwest School of Wooden Boat Building By: Christina Ruben, Interim Director State of Washington County of Jefferson This record was acknowledged before me on LF:i,CNt L, !i'9425 , by Christina Ruben as the Interim Director of Northwest School of Wooden Boat Building. a••' Ns otary Public in and for the State of Washington. • 'ti ? �'NOTARY F.: My Commission Expires Oa- 1 a©a{ PUBLIC 4=••erg/.Z�r"-•••• `\\\ ISnm�uH Page 6 of 8 EXHIBIT A Parcel 901013016: That certain parcel of land described in the Statutory Warranty Deed dated September 23,2004, executed by John T. Shold, as his separate estate; Sterling Huntingford and Sally E. Huntingford, husband and wife; Samuel B. Swanson,as his separate estate to Northwest School of Wooden Boat Building, and recorded on 9/30/2004 in the Official Records of Jefferson County, State of Washington,under Instrument No. 489975. Parcel 989400601: That certain parcel of land described in the Statutory Warranty Deed dated November 9,2017, executed by Jeffrey S. Fraychineaud and Helen B Fraychineaud,husband and wife to Northwest School of Wooden Boat Building, and recorded on 11/21/2017 in the Official Records of Jefferson County, State of Washington, under Instrument No. 612436. Parcel 989400702: That certain parcel of land described in the Statutory Warranty Deed dated April 27, 2001, executed by EUGENE E. KNUDSEN AND NANCY BRIGHT, TRUSTEES OF THE EUGENE E. KNUDSEN LIVING TRUST U/A DATED OCTOBER 27, 2000; WILSON J. RUTTER AND MARY RUTTER, HUSBAND AND WIFE; BARBARA J. WRIGHT, WHO ACQUIRED TITLE AS BARBARA LJ. RUSSELL,AS HER SEPARATE ESTATE; AND HELMER A. KLOCKERS AND ADA KLOCKERS,HUSBAND AND WIFE to Northwest School of Wooden Boat Building,and recorded on 7/10/2001 in the Official Records of Jefferson County, State of Washington, under Instrument No. 445493. ALL PARCELS SUBJECT TO MATTERS OF RECORD Page 7 of 8 Exhibit B LICENSE AREA )Conc.SOD lii, Gravel Pa1Qflg Lot / ../- -'..--. 4 ,... ,, .. ie „.... ....„---------"-- /" area License - /- . �. /- O P --• G' / • /' /- C.) /- 0 •.../....°°. .°'.'''....* / '/ • / l/ Page 8 of 8