HomeMy WebLinkAboutNorthwest School of Wooden Boat Building Right of Way - 010526Jefferson 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 Cafe; 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.
Pagel 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 Cafd, 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 Wharf 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 fbr 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: pubworksgco.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.minnerlyknwswb.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 r2015' by the Jefferson County Board of County
Commissioners.
GRANTOR: Jefferson County
Board of Couni k Commissioners
Jefferson Coun. Washington
By _
Care � 'r✓1 + Chair
State of Washington
County of Jefferson
Approved as to form only:
December 10, 2025
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
This record was acknowledged before me onJKkGL4 5 2CZ�a , by Greg
Brotherton as the Chair of the Jefferson County Board of County Commissioners.
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v� ��, EXP,4,�1,,� "/,Notary P 1 c in and for the State ashington.
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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 Lt ce m b, i ��, �=15 , by Christina
Ruben as the Interim Director of Northwest School of Wooden Boat Building.
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q'�'�oy�� otary Public in and for the State of Washington.
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NOTARY :
My Commission Expires
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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.
Parce1989400702:
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
ng Lot
G
o
Page 8 of 8
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 Cafe, the public boat
launch, and the public dock in Port Hadlock.
Analysis/Strategic Goals/Pro's Et 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:
Y
o Peters, County Administrator Date
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Northwest School of Wooden Boat Building Contract No:
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
Clear Form
aa0?s-/40F
AMOUNT: 0.00
PROCESS:
Exempt from Bid Process
Revenue:
0.00
Cooperative Purchase
Expenditure:
o.00
Competitive Sealed Bid
Matching Funds Required:
om
Small Works Roster
Sources(s) of Matching Funds
N/A
Vendor List Bid
Fund #
N/A
RFP or RFQ
Munis Org/Obi
N/A
Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COM
LIANCEErrW--ITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑ N/A: R
u C.J)10Vzl!; i 1 c�'►J�
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:
Signature Date
STEP 3: 7EIectronically
MANAGEMENT REVIEW (will be added electronically through Laserfiche):
approved by Risk Management on 12/11/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically 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.
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