HomeMy WebLinkAbout060214_ca06Consent Agenda
,,ON o
w JEFFERSON COUNTY PUBLIC HEALTH
"se, osae 615 Sheridan Street • Port Townsend • Washington • 98368
www.jeffemoncountypublichealth.org
May 13, 2014
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Tami Pokorny, Environmental Health Specialist II
DATE:.�v ?2
SUBJECT: Consent Agenda Item — License for Duckabush Wetlands
Restoration Project — Jefferson Land Trust - Property APN
502171004 and 502171012 (former Berntsen Property).
STATEMENT OF ISSUE:
License grants to Licensee, (JCPH) access to floodplain owned by Licensor, (JLT) for a
fee of $10.00 for the purposes of removal of debris, control of noxious weeds,
reseeding /replanting affected areas, installing access controls. Overnight storage of
necessary equipment is granted. License extends from date of document until June 30,
2016.
ANALYSIS /STRATEGIC GOALS /PRO'S and CON'S:
Water Quality is requesting BoCC signature on a License to continue its partnership with
Jefferson Land Trust to acquire and restore 21.9 -acres of Duckabush River floodplain. In
December of 2013, the property was acquired from Lisa Berntsen by the land trust with
funding through a county grant from the Salmon Recovery Funding Board Agreement
(RCO #12- 1385C) and $2,500 from the county's Conservation Futures Fund (CFF). In
January of 2014, the land trust granted a Deed of Right to Use Land for Salmon Recovery
to the state's Recreation and Conservation Office. The new license grants access to county
employees and contractors for the purpose of restoring the site by removing existing
installations and debris, controlling noxious weeds, reseeding and replanting and installing
access controls until June 30, 2016.
COMMUNITY HEALTH DISABILITIES PUBLIC HEALTH ENVIRONMENTAL
R HEALTH
DEVELOPMENTAL QUALITY
MAIN: (360) 385 -9400 ALWAYS WORKING FOR A SAFER AND MAIN: (360) 385 -9444
FAX: (360) 385 -9401 HEALTHIER COMMUNITY FAX: (360) 379 -4487
FISCAL IMPACT /COST BENEFIT ANALYSIS:
There is no impact to the General Fund for the License to access the Duckabush
Wetlands Restoration Project area. Costs for the restoration activities will be paid for by
county RCO grant #12- 1385C.
JCPH recommends request of approval of the License to continue its partnership with
JTL to acquire and restore 21.9 acres of Duckabush River floodplain. License is to afford
JCPH rights to remove debris, noxious weeds, reseed and replant, and install access
controls. License fee is $10.00, which will be paid from the RCO grant #12- 1385C.
REVIEWED BY:
Philip Mori y, aunty Admi istrator
(Routed to all Public Health Managers)
s C?Ilrr-
Date
COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH
DEVELOPMENTAL ABILITIES ALWAYSWDRKNGFDRASAFERAND WATER QUALITY
MAIN: 366385840100 HEALTHIER COMMUNITY MAIN: 360379 -4444
FAX: 360379 -4487
Document Title: LICENSE
Reference Number of 580984 and 581331
Licensor(s): Jefferson Land Trust
Licensee(s): Jefferson County
Legal Description: Portions of the Northeast quarter and the Southeast quarter in
Section 17, Township 25 North, Range I West, W.M.
Additional Legal Description is on Page 6 of Document.
Assessor's Tax Parcel Numbers: 502171012 and 502171004
LICENSE
Project: Duckabush Wetlands Preserve Restoration Project
The Licensor, Jefferson Land Trust, a 5016 organization located at 1033 Lawrence St,
Port Townsend, Washington hereby grants to the Licensee, Jefferson County, a municipal
corporation, 1820 Jefferson Street, Port Townsend WA 98368, the right in the nature of a
license to access the hereinafter described real property from the date of this document until
June 30, 2016, The purpose of this license is to allow Licensee, its authorized contractors and
employees to access floodplain owned by Jefferson Land Trust (specifically, real property
known as Assessor's Tax Parcel Numbers 502171012 and 502171004), as more specifically
described in the attached Exhibit A, and to under take all lawful and reasonable actions or
steps necessary to achieve the following purposes: removal of existing installations and
debris; control of noxious weeds; reseeding and replanting affected areas; and installing
access controls. This license also includes the overnight storage of equipment necessary to
accomplish the above-listed goals. The Licensee shall compensate the Licensor in the amount
of TEN DOLLARS ($10.00) for the license, said sum representing good and valuable
consideration running to the Licensor,
The Licensee, its authorized contractors and employees, will protect, save and hold harmless
the Licensor, its successors or assigns, from all claims, actions, cost damages or expenses of
any nature whatsoever by reason of the acts or omissions of the Licensee, its assigns, agents,
contractors, licensees, invitees, employees or any person whomsoever, arising out of or in
connection with any acts or activities authorized by this License, The Licensee, its agents or
employees, further agrees to defend the Licensor in any litigation, including payment of any
cost or attorney's fees, for any claims or action commenced, thereof arising out of or any acts
Page 1 of 5 Pages Parcels 502 171 012 and 502 171 004
LICENSE
or activities authorized by this License. This obligation shall not include such Claims, costs,
damages or expenses which may be caused by the sole negligence of the Licensor, its
successor or assigns. Provided, that if the claims or damages are caused by or result from the
concurrent negligence of, (a) the Licensors, its agents contractors or employees; and (b) the
Licensee, its agents, contractors Or employees, or invitees, and involves those actions covered
by RCW 4,24.115, this indemnity provision shall be valid and enforceable only to the extend
of the negligence of the Licensee or the Licensee's agents or employees.
The Licensor does hereby grant to Licensee the right of temporary usage of the
aforementioned real property subject to the following conditions:
1. The Licensee will reseed and otherwise maintain those portions of said property
in its current condition when used for access.
2. Planting and access control plans will be subject to approval by the Licensor.
3, The Licensor reserves the right to use the property at any and all times for their
own activities except when heavy equipment is in use or present on the site.
4. This agreement shall be effective when signed by the Chair of the County
Commission and shall run until June 30, 2016.
5. HOWEVER, BLOCKAGE OF THE PROPERTY ACCESS ROAD SHALL NOT
EXCEED 5 CONSECUTIVE WORKING DAYS UNLESS MUTUALLY
AGREED TO IN WRITING BY LICENSOR AND LICENSEE.
6. No employee, representative or agent of the Licensee shall by his or her actions in
furtherance of the purposes of this License be considered an employee,
representative or agent of the Licensor and shall remain at all times an employee,
representative or agent of the Licensee.
7. No employee, representative or agent of the Licensor shall by his or her actions in
furtherance of the purposes of this J.,icense be considered an employee,
representative or agent of the Licensee and shall remain at all times an employee,
representative or agent of the Licensor.
Licensor and Licensee may terminate this License for any reason upon not less than thirty (30)
days' written notice to the other party.
Licensor and Licensee agree that to the extent necessary to permit a reasonable reading of this
License subjects and verbs in the singular "person" shall include and refer to subjects and
verbs in the plural "person" and vice-versa.
Page 2 of 5 Pages Parcels 502 171 012 and 502 171 004
LICENSE
It is understood and agreed that the terms and obligations hereof shall not become binding
upon Jefferson County unless and until accepted and approved hereon in writing for Jefferson
County by the Jefferson County Commission, the Chair of said County Commission to
execute this License on behalf of the County.
LICENSOR:
DATED this `( of � 2014.
ii-bWORM*-
JEFFERSON LAND TRUST
Licensor
STATE OF WASHINGTON )
ss.
County of
On this _ day of 1 2014, before me personally
appeared to me known to be the individual described
in and who executed the foregoing instrument as LICENSOR, and acknowledged that she
signed the same as her free and voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal the day and year last above written.
Notary Public in and for the State of
Washington,
Residing at
My Appointment Expires
Page 3 of 5 Pages Parcels 502 171 012 and 502 171 004
LICENSE
LICENSEE:
DATED this -day of 2014.
Accepted and approved
Jefferson County
By:
STATE OF WASHINGTON )
ss.
County of Jefferson
IT
On this _ day of 2014, before me personally
appeared
to me known to be the Chair of the Jefferson County Commission, that executed the foregoing
instrument on behalf' of LICENSEE, and acknowledged said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute said instrument and that the seal
affixed is the corporate seal of said corporation.
GIVEN under my hand and official seal the day and year last above written.
Notary Public in and for the State of
Washington,
Residing at
My Appointment Expires
Page 4 of 5 Pages Parcels 502 171 012 and 502 171 O0,4
LICENSE
EXHIBIT A
Parcel A:
The North 25 feet of the North 425 feet of the Southeast quarter of the Northeast quarter,
West of the Duckabush County Road as conveyed to Jefferson County, by Deed recorded
August 11, 1953 under Auditor's File No. 138855, records of Jefferson County, Washington
in Section 17, Township 25 North, Range 2 West, W.M., Jefferson County, Washington.
Parcel B:
That portion of the Southwest quarter of the Northeast quarter lying Northerly of the thread of
the Duckabush River;
EXCEPT that portion thereof lying within the West 820 feet of said Southwest quarter of the
Northeast quarter;
ALSO;
That portion of the Southeast quarter of the Northeast quarter AND of the Northeast quarter of
the Southeast quarter, described as follows:
Beginning at the Northwest corner of said Southeast quarter of the Northeast quarter;
Thence South 0101'31" East, along the West line thereof 625.02 feet to the True Point of
Beginning; Thence continuing South 0"01'31" East, along said West line, and along the West
line of said Northeast quarter of the Southeast quarter, 813,24 feet to a point designated as
Point "A" for description purposes;
Thence North 26°11'26" East 400 feet;
Thence Northeasterly in a straight line to a point on the Southwesterly boundary of Duckabush
River Road, County Road No. 2274, which point is 70 feet Northwesterly measured along
said Southwesterly boundary from a point thereon which is South 68126'58" East 745.67 feet
and North 121158'50" East 1,004.77 feet from Point "A" hereiribefore described;
Thence Northwesterly, along said Southwesterly boundary of county road, to a point thereon
from which the True Point of Beginning bears North 89'34'34" West;
Thence North 8934'34" West 827.12 feet, more or less, to the True Point of Beginning;
All situate in Section 17, Township 25 North, Range 2 West, W.M.
All situate in the county of Jefferson, State of Washington
Page 5 of 5 Pages Parcels 5012 171012 and 502 171. 004