HomeMy WebLinkAboutCONSENT Easements for Courthouse Park sidewalk 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: Eric Kuzma, Public Works Director
Agenda Date: January 20, 2026
Subject: Temporary and Permanent Easements for New Courthouse Park Sidewalk
Statement of Issue:
Both a permanent and a temporary construction easement are needed for a new sidewalk and bus stop
that the City of Port Townsend (the City) proposes to build around a portion of Courthouse Park.The
bus stop will be on Washington Street.The new sidewalk will lead from the bus stop to the corner of
Washington and Walker,then up Walker to the corner of Walker and Jefferson. Most of the new
sidewalk will be located in City owned right of way, but 55 feet of the Washington Street section will be
located on County owned property.
Analysis/Strategic Goals/Pros&Cons:
The temporary easement will enable the city to use county owned property for construction purposes.
The park will not be damaged by the construction activity.The park will remain open during
construction.A safety fence will be used to protect park users.The permanent easement will enable the
City to build a portion of the sidewalk on County property, essentially between the existing raingarden
and the park. Note that this project also includes construction of a new sidewalk from Sims Way up
Washington Street to the corner of Washington and Walker. Overall, both the sidewalk and the bus stop
will be a benefit to both the park and the Courthouse.
Fiscal Impact/Cost Benefit Analysis:
The only cost to the County for this project is staff time to facilitate the use of the park by the City for
construction purposes,and to process these documents.This staff time is already budgeted in the Parks
and Recreation fund.
Recommendation:
Approve both easements and return to Public Works for further processing.
Department Contact:
Matt Tyler, 385-9129
Reviewed By:
10-Ottril ) 1 /111/3'6,
Jos ers,County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: City of Port Townsend Contract No: N/A 17G(f 04IP ' 00,4
Contract For: Temporary easement for a sidewalk at C.H. Park Term: Permanent
COUNTY DEPARTMENT: Public Works
Contact Person: Matt Tyler
Contact Phone: 360-385-9129
Contact email: mtyler®co.jefferson.wa.us
AMOUNT: N/A PROCESS: — Exempt from Bid Process
Revenue: N/A Cooperative Purchase
Expenditure: N/A Competitive Sealed Bid
Matching Funds Required: N/A — 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:Temp Easement
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: IE N/A:�■
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 N/A: n
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 12/31/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
7/
Electronically approved as to form by PAO on 12/31/2025.
Construction easement.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: City of Port Townsend Contract No: N/A fot(�i Do40"ttu\
Contract For: Permanent easement for a sidewalk at C.H. Park Term: Permanent
COUNTY DEPARTMENT: Public Works
Contact Person: Matt Tyler
Contact Phone: 360-385-9129
Contact email: mtyler@co.jefferson.wa.us
AMOUNT: N/A PROCESS: Exempt from Bid Process
Revenue: N/A _ Cooperative Purchase
Expenditure: N/A Competitive Sealed Bid
Matching Funds Required: N/A 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: Easement
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: � N/A:❑�
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: I I N/A: I I
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
JElectronically approved by Risk Management on 1/9/2026.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
J Electronically approved as to form by PAO on 1/8/2026.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
Jefferson County,Courthouse Park
Parcel#957306601
HASTINGS 1ST ADDITION BLK 66 LOTS 1 TO 8
TEMPORARY EASEMENT for:
WASHINGTON STREET AND WALKER STREET SIDEWALK IMPROVEMENTS
IN CONSIDERATION of mutual benefits,the GRANTOR/OWNER,Jefferson County,a political
subdivision of the State of Washington and property owner(s)does hereby give to the GRANTEE,
CITY OF PORT TOWNSEND(CITY),a municipal corporation,the temporary right and license to
enter,use,and occupy portions of owner's property,together with rights of ingress and egress for the
purpose of the"Work"to be further defined below,across the area generally shown in the attached map
on parcel number(s)957306601
in the County of Jefferson,State of Washington(the"Property").
The granting of the Temporary Easement is expressly conditioned upon the following:
1. The Work will generally involve clearing, grading, seeding and construction of sidewalk around
the existing rain garden located near the corner of Washington and Walker Street. The Grantee is
not obligated to perform the Work.Upon completion of the Work,the Grantee will remove any of
its equipment and seed exposed slopes.
2. Grantee agrees to indemnify,defend,and hold harmless Grantor from any and all claims, losses,
costs,liabilities, injuries and/or damages(including reasonable attomey's fees)suffered by any
person or property which may be caused by or arising out of,directly or indirectly,the Grantee's
or its agents',contractors',licensees' or invitees',exercise of the rights granted herein;provided
that Grantee shall not be responsible for any claims arising from the negligence or intentional
conduct of Grantor,its successors and assigns,employees,agents or independent contractors.
3. This Temporary Easement,and all rights granted hereunder,shall terminate upon completion of
the Work. The Work is estimated to take 40 working days and to be completed by approximately
February 18,2026. The Grantee will notify Matt Tyler,the Jefferson County Parks and
Recreation Manager,via email once construction is complete,or if construction will extend
beyond this anticipated completion date.
4. The covenants herein shall run with the land and shall be binding on the Grantor(s), their heirs,
successors and assigns, or contractors for the term of this Agreement. Grantee may record this
document or a summary thereof,and if so,shall record a release upon completion of the project.
5. Each person signing this Agreement represents and warrants that he or she is duly authorized and
has legal capacity to execute and deliver this Agreement.
6. Additional Terms(if any):See attached. If nothing is attached,then there are no additional terms.
DATED this date of ,2025
(SIGNATURES FOLLOW ON NEXT PAGE)
Temporary Easement Page 1 of 2
GRANTOR: JEFFERSON COUNTY
Board of County Commissioners Jefferson County, Washington
By: [Name],Chair
By: [Name],Commissioner
By: [Name], Commissioner
SEAL:
ATTEST:
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker
C Chief Civil Deputy Prosecuting Attorney
January 7, 2026
GRANTEE: CITY OF PORT TOWNSEND
By: City Manager
ATTEST:
City Clerk, MMC
(A Notary Acknowledgment for all signatures would be required here for recording
purposes)
WALKER ST.
STORMWATER SWALE
0 10 20
EXISTING RAINGARDEN
2 9
, 0 O RIGHT-OF-WAY ` BLOCK WALL \ 0� J Y• . -•'Y •'3
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GRADING CUT LIMITS
15.0 ► r►r TEMPORARY EASEMENT
O4 TEMPORARY EASEMENT 0 0
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RIGHT-OF-WAY
C"Y OF PORT TOWNSEND
SHEETS _ ® REV war . DESCRIPTION Dv port PUBIC WORKS DEPARTMENT
ALL JK oo RE" City0 f �(� WASHINGTON STREET AND
` ,� ,••� Townsend WALKER STREET IMPROVEMENTS
,ss Hk[�'.,x EXHIBIT A
PUBLIC WORKS TEMPORARY EASEMENT
tvteaaxs RAH CHECK REVISIONS SEAL IwOKO -2N5 I
10800 (SHEET r of 1
After recording return document to: City of Port Townsend, 250 Madison Street, Suite 2, Port
Townsend, WA 98368
PERMANENT EASEMENT
Reference Number of Related Documents: (To be assigned by recording office)
Grantor(s): Jefferson County, a political subdivision of the State of Washington
Grantee(s): City of Port Townsend,a Washington municipal corporation
Legal Description (the Property): HASTINGS 1ST ADDITION BLK 66 LOTS 1 TO 8
Assessor's Tax Parcel Number: 957306601
THE GRANTOR,Jefferson County, a political subdivision of the State of Washington, for and in
consideration of the mutual benefits,covenants, and agreements contained herein,and for other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,
conveys and grants to the Grantee,the City of Port Townsend, its successors and assigns, a
perpetual, exclusive easement, over,under, in, along,across and upon,that certain land legally
described as follows:
See Exhibit A—Permanent Easement Area(a portion of the Legal Description above, and
depicted on a map Exhibit B—Easement Area Map).
This Permanent Easement is to be used for the purpose of providing a public, accessible sidewalk
linking a new accessible bus stop to the Jefferson County Courthouse. (the"Intended Purpose"),
along with the right of ingress and egress thereto across adjacent land of the Grantor for these
purposes.
This easement is granted subject to the following terms and conditions:
1. Condition Subsequent and Reversionary Interest. This easement is granted on the
express condition that the Easement Area shall be used by the Grantee for the Intended
Purpose. In the event the Grantee or its successors or assigns,ceases to use the Easement
Area for the Intended Purpose for a continuous period of twelve(12)months,then this
easement shall automatically terminate and be null and void. Upon such termination,all
rights,title,and interest granted herein shall revert to the Grantor, its successors,and
assigns, free and clear of the encumbrance of this easement.
2. The Intended Purpose is for an open,public sidewalk that is kept in a well-maintained
condition, free of trip hazards,major cracks, and kept clean of dirt and debris.
3. Any costs associated with inspection,maintenance, improvement, and repair upon the
property undertaken by the Grantee shall be borne by the Grantee,unless otherwise
agreed to in writing by the parties.
4. This Agreement shall be binding upon the Grantors and Grantee and their successors and
assigns, and constitutes a covenant running with the land, subject to the conditions
subsequent stated herein.
5. Grantee agrees to indemnify,defend, and hold harmless Grantor from any and all claims,
losses,costs, liabilities, injuries and/or damages(including reasonable attorney's fees)
suffered by any person or property which may be caused by or arising out of, directly or
indirectly,the Grantee's or its agents',contractors', licensees',or invitees' exercise of the
rights granted herein;provided that Grantee shall not be responsible for any claims
arising from the negligence or intentional conduct of Grantor, its successors and assigns,
employees, agents,or independent contractors.
Grantor covenants that it is the lawful owner of the above-described property and has authority
to convey such easement rights.
Dated this day of , 2025.
(SIGNATURES FOLLOW ON NEXT PAGE)
GRANTOR: JEFFERSON COUNTY
Board of County Commissioners Jefferson County, Washington
By: [Name], Chair
By: [Name], Commissioner
By: [Name], Commissioner
SEAL:
ATTEST:
Clerk of the Board
Approved,is to form only:
Philip C. Hunsucker
C - L`"46-4 Chief Civil Deputy Prosecuting Attorney
January 7, 2026
GRANTEE: CITY OF PORT TOWNSEND
By: City Manager
ATTEST:
City Clerk, MMC
(A Notary Acknowledgment for all signatures would he required here for recording
purposes)
Exhibit A
The easement is described as:
The easement is the southerly most 10 feet along the entire 55 feet of Lot 7 on Block 66 of the
Plat of L.B. Hastings 1st Addition to Port Townsend, as per plat recorded in volume 1 page 23,
records of Jefferson County, Washington.
LOT8 LOT6 LOT4 LOT2
LOT 7 LOT 5 LOT 3 LOT 1
•
0 10 20
eirie
COURTHOUSE PARK
'.: \ (JEFFERSON COUNTY)
0 PARCEL #957306601
: \�RIGHT—OF—WAY HASTINGS 1ST ADDITION BLK 66 LOTS 1 TO 8
c
Cl)
IGRADING CUT LIMITS
nt
Q \ PERMANENT EASEMENT
S n
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a, i RIGHT-OF-WAY
10.0'
T
s, 55.0'
L ..
f ,\_
71 \.1.
EXISTING RAINGARDEN PROPOSED SIDEWALK IMPROVEMENTS AROUND
EXISTING RAINGARDEN
WASHINGTON ST.
CITY OF PORT TOWNSEND
SHEETS _® REV DATE_ _ DESCRIPTION 01 .�b, PUBLIC WORKS DEPARTMENT
ALL dR -oo r Rcw r
- City0 f o l ',(,`` WALKER WASHINGTON STREET IMPROVEMENTS
'' Townsend
s� ¢ EXHIBIT 8
PUBLIC WORKS PERMANENT EASEMENT FOR SIDEWALK
I*OEV O 5R OO. (SHEET I 1
PUN CHECK REN901b SEAL ORN OROER N0.10l600 ° 1