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Home My WebLink About012516_ca01Department of Public Works Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director/ County Engineeir Agenda Date: January 25, 2016 Subject: A Resolution declaring an Intent to Vacate a portion of a County Road, known as Dowans Creek Rd, County Road No. 146809. Statement of Issue: A Resolution declaring an Intent to Vacate a portion of the County Road Right of Way following the completion of a newly constructed bypass segment: Portion of Dowans Creek Road No. 146809: All that portion of the original Dowans Creek Road, County Road No. 146809, as depicted on the Dowans Creek Road Realignment County Project No. CR 1799 survey, recorded under Auditor's File No. (AFN)579902, lying across the South Half of Section 1, Township 27 North, Range 13 West, W.M., Jefferson County, Washington, further described as follows: That portion of the original roadway beginning at the Station 10+00 as located on the above referenced survey; Thence continuing easterly along the original roadway to Station 73+44.8 as located on the above referenced survey and also referenced within the Jefferson County right of way Easement No. 50-3306 on file with the State of Washington, said point being the intersection of the southerly margin of the original roadway and the northerly margin of the newly constructed bypass roadway, lying southerly of the Bogachiel River, less any area conveyed by easement to Jefferson County as recorded under AFN 584749 records of Jefferson County. Analysis/Strategic Goals: This portion of road lies fully on and only accesses Department Natural Resources (DNR) property and is currently blocked off. The DNR has expressed support for this vacation in a letter dated December 11, 2015 (attached). The County Engineer has examined this certain County road as to its current viability and usefulness within the County Road system, report attached. The portion of road listed above is considered by the County Engineer to be unnecessary as part of the overall County road system. This resolution of Intent to Vacate a portion of the public road will initiate the formal vacation process, which includes comments from public agencies and adjoining property owners prior to the public hearing with the Hearings Examiner. Department of Public Works Consent Agenda Page 2 of 2 Given the new bypass, this portion of Dowans Creek Road has been selected for vacation to help insure that existing County roads on the Official County Road Log continue to receive limited road resources and help reduce unnecessary County liabilities and manage risk. By using the standard vacation process, the County can determine that indeed this portion of road is not useful, and it is in the public's interest to vacate it. Fiscal Impact: The long term impact of the vacation of this road will help reduce future costs associated with the management of unnecessary right of way and potential maintenance expenditures. Department Contact: Will Butterfield, Right of Way Representative, 385-9350 Recommendation: The Department of Public Works recommends the Board of County Commissioners adopt the attached resolution of Intent to Vacate the County right of way. The hearing date for the proposed vacation is set for March 8, 2016 at the hour of 2:00 p.m., with the Jefferson County Hearing Examiner in the first floor conference room, Courthouse, Port Townsend, Washington. Reviewed By: hTtip Orley, Co Administra r Date STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of } A Resolution Declaring } RESOLUTION NO An Intent to Vacate a Portion } County Road Right of Way } WHEREAS, after due consideration, it appears to this Board of County Commissioners that it is in the public interest to vacate the portions of the following County Rights of Way, described as follows DOWANS CREEK ROAD No 146809 All that portion of the original Dowans Creek Road, County Road No 146809, as depicted on the Dowans Creek Road Realignment County Project No CR 1799 survey, recorded under Auditor's File No (AFN)579902, lying across the South Half of Section 1, Township 27 North, Range 13 West, W M , Jefferson County, Washington, further described as follows That portion of the original roadway beginning at the Station 10+00 as located on the above referenced survey, Thence continuing easterly along the original roadway to Station 73+44 8 as located on the above referenced survey and also referenced within the Jefferson County right of way Easement No 50- 3306 on file with the State of Washington, said point being the intersection of the southerly margin of the original roadway and the northerly margin of the newly constructed bypass roadway, lying southerly of the Bogachiel River, less any area conveyed by easement to Jefferson County as recorded under AFN 584749 records of Jefferson County NOW, THEREFORE BE IT RESOLVED, and in contemplation of, the language of statute R C W 36 87 010, the County Engineer is hereby directed to examine said roads and report his opinion as to whether this county road right of way should be vacated and abandoned and all other facts, matters and things which will be of importance to the Board, and that such report to be filed as soon as possible BE IT FURTHER RESOLVED, that the Public Works Department shall collect public comment on this mater and bring it before the Hearings Examiner at the earliest possible date ADOPTED THIS 25th DAY OF JANUARY, 2016 SEAL ATTEST Carolyn Avery Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Chair Phil Johnson, Member David W Sullivan, Member I Jefferson County Department of Public Works 623 Sheridan St. Port Townsend, WA 98368 (360) 385-9160 Monte Reinders, P.E. Public Works Director/County Engineer MEMORANDUM TO: Board of County Commissioners Jefferson County Hearing Examiner FROM: Monte Reinders, P.E., Public Works Director/ County Engineer DATE: January 6, 2016 SUBJECT: Engineers Report regarding the intent to vacate Dowans Creek Road, County Road No. 146809. In accordance with Ch 36.87 RCW, I have examined the above referenced right of way, and submit the following report. FINDINGS 1. The intent is to vacate a portion of Dowans Creek Road No. 146809, described as that portion of the original Dowans Creek Road, County Road No. 146809, as depicted on the Dowans Creek Road Realignment County Project No. CR 1799 survey, recorded under Auditor's File No. (AFN)579902, lying across the South Half of Section 1, Township 27 North, Range 13 West, W.M., Jefferson County, Washington, further described as follows: That portion of the original roadway beginning at the Station 10+00 as located on the above referenced survey; Thence continuing easterly along the original roadway to Station 73+44.8 as located on the above referenced survey and also referenced within the Jefferson County right of way Easement No. 50-3306 on file with the State of Washington, said point being the intersection of the southerly margin of the original roadway and the northerly margin of the newly constructed bypass roadway, lying southerly of the Bogachiel River, less any area conveyed by easement to Jefferson County as recorded under AFN 584749 records of Jefferson County. Please refer to attached map. 2. The right of way proposed for vacation is the portion of road affected by slide and erosion damage associated with the close proximity to the Bogachiel River. County Road. Project CR 1799, completed construction of a bypass road and is currently in use. The vacation will eliminate the right of way of that portion of road that is no longer needed for transportation purposes. Engineer's Report — Page 2 Intent to Vacate-Dowans Creek Rd 3. This portion of Dowans Creek Road No. 146809 does not provide for area circulation nor does the proposed action land lock any parcel of real property. 4. The adjoining property owner/managers (the Department of Natural Resources) are supportive of the road vacation in order to more efficiently manage the State property. 5. The effectiveness of emergency services will not be impaired by this vacation. 6. A portion of the proposed section of Dowans Creek Road described above does lie adjacent to the Bogachiel River and is subject to sliding into the river. Thus the motivation to create a safe bypass enabling the continued use of the roadway for public purposes. Safe access to the river is maintained throughout other sections of Dowans Creek Road. (See RCW 36.87.130). 7. The public may benefit by this vacation by reducing the County's liability and maintenance expense for unneeded right of way. RECOMMENDATION Therefore, based on the foregoing Findings, and provided no contrary testimony or new findings are presented at the hearing, the County Engineer recommends that the Board of County Commissioners approve this vacation request. Proposed Road Vacation CR# 146809, Dowans Creek Road All that portion of the original Dowans Creek Road, County Road No. 146809, as depicted on the Dowans Creek Road Realignment County Project No. CR 1799 survey, recorded under Auditor's File No. (AFN)579902, lying across the South Half of Section 1, Township 27 North, Range 13 West, W.M., Jefferson County, Washington, further described as follows: Beginning at the Station 10+00 as located on the above referenced survey; Thence continuing easterly along the original roadway to Station 73+44.8 as located on the above referenced survey and also referenced within the Jefferson County right of way Easement No. 50-3306 on file with the State of Washington, said point being the intersection of the southerly margin of the original roadway and the northerly margin of the newly constructed bypass roadway, lying southerly of the Bogachiel River, less any area conveyed by easement to Jefferson County as recorded under AFN 584749 records of Jefferson County. �WASHINGTON STATE DEPARTMENT OF 'A Natu ra I Resources Peter Goldmark -Commissioner of Pub Iic Lands December 11, 2015 Will Butterfield Right of Way Representative Jefferson County Public Works 623 East Sheridan Street Port Townsend WA 98368 Dear Mr. Butterfield Caring for your natural resources ... now and forever The Department of Natural Resources (DNR) is in support of your proposal to vacate the portion of the original Dowans Creek Road, County Road No. 146809, as depicted on the attached Proposed Road Vacation. Since the new road segment has been built and the items that DNR recently requested be completed by County staff on the decommissioned segment are now done, we are in agreement with the road vacation. Thank you for contacting us about this proposal. Sincerely, a,- (77�> Sue Trettevik Olympic Region Manager Department of Natural Resources CB:ST cc: Easement File 01 OLYMPIC REGION 1 411 TILLICUM LN I FORKS WA 98331-9271 TEL (360) 374-2800 1 FAX (360) 374-5446 1 TTY (360) 902-1125 1 TRS 711 1 WWW.DNR.WA.GOV O " EQUAL OPPORTUNITY EMPLOYER RECYCLED PAPER °;, ° s Mei :g 616 °;w sLam�sw� illl In Ir Y�i�ki}lh4�4lhiti�V llt�hhN� �I III Dowans Creek Road Realignment County Project No. CR 1799 Right of Way Plat for Jefferson County across the South Half of Section 1, Township 27 North, Range 13 West, WM, Jefferson County, Washington SURVEYOR'S N4RR47NE THE PURPOSE OF THIS SURVEY IS TO ILLUSTRATE AND DESCRIBE A EASEMENT BETWEEN THE STATE OF WASHINGTON AND JEFFERSON COUNTY DATUM THIS SURVEY IS BASED ON ME WASHINGTON COORDINATE SYSTEM NORTH ZONE HAD 83(91) PER RES 10 JEFFERSON COUNTY OPS POINTS ROWANS I DOWANS 2 AND PULLOUF AS SHOWN IN VOLUME 26 OF SURVEYS, PACE 135 ALL BEARINGS ARE RELATIVE TO SAID ALL GRID ADISTANCES ARE REDUCED 10 SAID GRID USING A COMBINED SCALE FACTOR OF 0999942 10 OBTAIN GROUND DISTANCES MULTIPLY DISTANCES SHOWN HEREON BY 10000.48 Undie Roid \ BOGgc�Cf RIVER Iowans �_ a I a creek Roa �— IState State Jeff Comity (OVIRNNINII)III GOVERNNENt LITEo L CgNFJLNMENT LOIS 124IJ — 101 SEE SHEM z 'g State I State SW 1/4 SC 1/4 VICINITY MAP NOT TO SCALE WEST OLAR1ER CORNER SECTION I A 11/06/07 FOUND AND ACCEPTED A J 25 -INCH ALUMINUM CLP SET BY BUT! IN 1998 ALSO FOUND 1961 DNR BRASS CLAP MIT TIM 1 59 SEE LAND CORNER RECORD FILED UNDER AFN 272501 QUARTER CORNER SECTION I ONORTH 9 CALCULATED POSITION OF A DNR / MONUMENT BY SCALING AND N 254 I Jj N : 3377.1402 E 78289027 Z� 251 J6 ROTATING THE GEOMETRY SHOWN _____ -F97O3281V ON PUT CR3306 (SEE NOTE) CORNER TO EAST QUARTER OWITNESS C CORNER SECTION I 06/07/08 FOUND J25 -INCH 40V F LOT 13- lM GOVT OT lz Lx ALUMINUM CAP APPROPR14TE GOVT LOTII 112 STAMPED SET BY BLM IN 2008 hlIA6C{{ QUARTER CORNER SECTION I OEAST CMCULAIE0 POSITION BASED ON Lo IoA .I WITNESS CORNER V16 CORNER OSOUTH ULULATED POSITION DATUM THIS SURVEY IS BASED ON ME WASHINGTON COORDINATE SYSTEM NORTH ZONE HAD 83(91) PER RES 10 JEFFERSON COUNTY OPS POINTS ROWANS I DOWANS 2 AND PULLOUF AS SHOWN IN VOLUME 26 OF SURVEYS, PACE 135 ALL BEARINGS ARE RELATIVE TO SAID ALL GRID ADISTANCES ARE REDUCED 10 SAID GRID USING A COMBINED SCALE FACTOR OF 0999942 10 OBTAIN GROUND DISTANCES MULTIPLY DISTANCES SHOWN HEREON BY 10000.48 Undie Roid \ BOGgc�Cf RIVER Iowans �_ a I a creek Roa �— IState State Jeff Comity (OVIRNNINII)III GOVERNNENt LITEo L CgNFJLNMENT LOIS 124IJ — 101 SEE SHEM z 'g State I State SW 1/4 SC 1/4 VICINITY MAP NOT TO SCALE SECTION SUBDIVISION '2009 YEWOER ONE NOT SHOWN DNR F ASh 611 NI IN IF[[ SOU I If IIA] Y OI SL( -I ION I IOWNSI IIP 27 NORI11 RANGF 13 WFSI W NI 11 1FIItSON(OUN1Y WASIIINGION DATE oe/aT/r3 SURVEYORS CERTIFICATE scAE A4 vIOWN IN YAP CORRECTLY REPRESENTS REW A SURVEY MADE BY V E OR UNDER W T AT THE DOWN BY RNI R CONFORMANCE WTH 771E REOWREJ NE, OF THE SURVEY RECORDING ACT AT THE REQUEST � JEFFERSON COUNTY W JUNE, 2013 PUT CHECKED BT — - A A I L ' PLS 37531 SERVIENT ESTATE DESCRIPTION THE SOUTH HALF OF THE SOUTHEAST QUARTER TOGETHER WITH GOVERNMENT LOTS II AND 12 ALL IN SECTION I TOWNSHIP 27 NORM RANGE IJ WEST WN JEFFERSON COUNTY STATE OF WASHINGTON F WMESS CORNER TO SOUTH 1/16 CORNER r 06/161M FOUND 3 -INCH BRASS CAP WITH APPROPRLAIE STAMPING SET BY BLM IN 20M SOUTHEAST CORNER SECTION I 01/23/07 FOUND 325 -INCH r' H ALUMINUM GAP ON 2 -3/8 -INCH ALUMINUM POST SET BY DNR IN 1994 SEE LAND CORNER RECORD FILED UNDER AFN 3715,1 SOUTH QUARTER CORNER SECTION 1 FI CALCULATED POSITION OF A DNR MONUMENT BY SCWNG AND ROTATING THE GEOMETRY SHOWN ON PUT CR3306 (SEE NOTE) 1 SOUTHWEST CORNER SECIION 1 06/10/13 FOUND 175 -INCH IRON PIPE EPDXYEO A 2 -INCH BRASS CAP WON APPROPRIA STAMPING SET ME FOLLOWING WIGNNL RP S FROM CORNER N30*26 E 6 69 S7538E 489 SWIM 571 S74 22W 986 THENORTH AND SOUTH QUARTER CORNERS AND THE NORTHEAST SECTION CORNER WERE CALCULATED BASED ON THE GEOMETRY SHOWN ON THE DOWANS CREEK ROAD RIGHT OF WAY PUT (CRJJO6) PER EASEMENT NO 50-CRJJO6 ENTERED MARCH 22 199J FILED WITH THE STATE OF WASHINGTON. DEPARTMENT OF NATURAL RESOURCES TITLE OFFICE THIS GEOMETRY WAS SCALED AND ROTATED BETWEEN TIES TO THE WEST QUARTER CORNER AND SOUTHEAST SECTION CORNER AS SHOWN HEREON Sheet 1 of 3 DNR Easement Number 50-090160 JOEJNS 1 ON 540 W 8111 StCeL t Port Ange1L% WA 98362 and 360185 2506 360 452 0237 office 360 452 0218 FSA L _Surveying Y g www Yoh-tonlindwne)Dlgcom AUDITORS CER77RCATE FILED FOR RECORD THIS 21-- DAY OFOrAob0f .. 207115 AT 11 HSg M IN BOOK J& dv LLQ SURVEYS AT PAGE 0 �AT THE REQUEST OF JOHNSTON LAND SURVEYING L13�. Cs�AlL R04r S 19902 JEFFERSMV AUDI AULITMR3 FRE NO I(27N-IJW) O36 O �7m— z 1 N87W7B W '1'41 ______ IJ2M183 -__-__ / .=y`. 1 N 254 I Jj N : 3377.1402 E 78289027 Z� 251 J6 _____ -F97O3281V 264772 _______IJ2JB8 O •I L�l 40V F LOT 13- lM GOVT OT lz Lx y IA{ GOVT LOTII 112 gyp{ I1j hlIA6C{{ X Lo IoA .I I-.�_ al }(gvy I32A363 _ lul _ I32T 749 2813.37 O E /JY178ti T to 0 600 1200 I ,1 I z I EETO SCALE /N FEET- 0 N86O7'10'M' 28347) _ 12 mum _ 1 __ IOW - 172_14) --41, 0 264JLW 7 SECTION SUBDIVISION '2009 YEWOER ONE NOT SHOWN DNR F ASh 611 NI IN IF[[ SOU I If IIA] Y OI SL( -I ION I IOWNSI IIP 27 NORI11 RANGF 13 WFSI W NI 11 1FIItSON(OUN1Y WASIIINGION DATE oe/aT/r3 SURVEYORS CERTIFICATE scAE A4 vIOWN IN YAP CORRECTLY REPRESENTS REW A SURVEY MADE BY V E OR UNDER W T AT THE DOWN BY RNI R CONFORMANCE WTH 771E REOWREJ NE, OF THE SURVEY RECORDING ACT AT THE REQUEST � JEFFERSON COUNTY W JUNE, 2013 PUT CHECKED BT — - A A I L ' PLS 37531 SERVIENT ESTATE DESCRIPTION THE SOUTH HALF OF THE SOUTHEAST QUARTER TOGETHER WITH GOVERNMENT LOTS II AND 12 ALL IN SECTION I TOWNSHIP 27 NORM RANGE IJ WEST WN JEFFERSON COUNTY STATE OF WASHINGTON F WMESS CORNER TO SOUTH 1/16 CORNER r 06/161M FOUND 3 -INCH BRASS CAP WITH APPROPRLAIE STAMPING SET BY BLM IN 20M SOUTHEAST CORNER SECTION I 01/23/07 FOUND 325 -INCH r' H ALUMINUM GAP ON 2 -3/8 -INCH ALUMINUM POST SET BY DNR IN 1994 SEE LAND CORNER RECORD FILED UNDER AFN 3715,1 SOUTH QUARTER CORNER SECTION 1 FI CALCULATED POSITION OF A DNR MONUMENT BY SCWNG AND ROTATING THE GEOMETRY SHOWN ON PUT CR3306 (SEE NOTE) 1 SOUTHWEST CORNER SECIION 1 06/10/13 FOUND 175 -INCH IRON PIPE EPDXYEO A 2 -INCH BRASS CAP WON APPROPRIA STAMPING SET ME FOLLOWING WIGNNL RP S FROM CORNER N30*26 E 6 69 S7538E 489 SWIM 571 S74 22W 986 THENORTH AND SOUTH QUARTER CORNERS AND THE NORTHEAST SECTION CORNER WERE CALCULATED BASED ON THE GEOMETRY SHOWN ON THE DOWANS CREEK ROAD RIGHT OF WAY PUT (CRJJO6) PER EASEMENT NO 50-CRJJO6 ENTERED MARCH 22 199J FILED WITH THE STATE OF WASHINGTON. DEPARTMENT OF NATURAL RESOURCES TITLE OFFICE THIS GEOMETRY WAS SCALED AND ROTATED BETWEEN TIES TO THE WEST QUARTER CORNER AND SOUTHEAST SECTION CORNER AS SHOWN HEREON Sheet 1 of 3 DNR Easement Number 50-090160 JOEJNS 1 ON 540 W 8111 StCeL t Port Ange1L% WA 98362 and 360185 2506 360 452 0237 office 360 452 0218 FSA L _Surveying Y g www Yoh-tonlindwne)Dlgcom AUDITORS CER77RCATE FILED FOR RECORD THIS 21-- DAY OFOrAob0f .. 207115 AT 11 HSg M IN BOOK J& dv LLQ SURVEYS AT PAGE 0 �AT THE REQUEST OF JOHNSTON LAND SURVEYING L13�. Cs�AlL R04r S 19902 JEFFERSMV AUDI AULITMR3 FRE NO I(27N-IJW) N V' l. P: 271 :2 of 3 W. 17/21/HI) I1.Mn M 71�.M Jp41Si9• LAIe D•IYfT iINI r I�IZ��1iiY,+{'h6Jf41110iril fk0AN4 �IIII Dowans Creek Road Realignment County Project No. CR 1799 J _&Ri ht of Way Plat for rson County across the South Half of Section 1, Township 27 North, Range 13 West, W.M., Jefferson County, w r Washington -""Creak Rory ROWANS 2 TO 41 10+00. DIRECTION I DWANCE smJ•w r u/.0 GOVT IAT 12 STATE 713013001 S1.IRVEM'S APJM7)W THE PIMPOSE OF IM A.RVEY IS TO LLEGMTE AND DESCRIBE A EASEMW 9fl9EEM DME SLATE OF MWIIDTOM AHD JEFFERSOM COMM SERVIEWT ESTATE AESCRWIM NE SCUM tALF OF TAE SOt/1/ W DLMRIER ToCr"" 11 W CD1E]DAVIT LOIS It AND /2 ALL M SECMN 1. 101104W 27 MMM. RIME 13 REST. W.M.. JEFFERSON COIMIY. STATE OF OL90470AL EA.SEMW AREAS COPT LOT 12 - I.9M7 ACRES OR 91JIJ S.E. GMLOT / 1 - 1.20M ACRES OR 52.4.19 Sr. SID SE - 1.1235 ACNES OR 40,M SF.. SE. SE - 1.2770 At3ES OR 5%SM SF. TOTAL 146M ACRES OR 230.009 S.F. EDGE OF EVSIMC /GRAWL ROAD GOVT' L171' 11 �\ STATE 713013001 s~oD3W37.t0 E170E OF E1•SIMO ROAD I 40.00 LEFT 'Y _ _ _ _ __ f $TA J4+71.42 _NLRM wE�` MlMI_1F�T 1/4 QrLE THE SOUTHEAST f/I T- - cs GOVT LOT I I STATE 713013001 II LTD 5 1V3T/1' E 33.999 1 23+41.930• \1`1 , Of S J2 E `�� 9'23 L12 S 9 E 97.30.19 29+907197 5.7MFM.V,f FCLRES STg1RI ro AID 06711. CI.OSIIRES I177.28 - SW 1/4. SY.I/4 I STATE 71301300.7 STA 40+37.09 00 LEiT STA 39+1/.19 5QQ9 LEFT STA f � 4500 LEFT CIS 954 W ROS2799 330.00 371.3107 11+79.7995 I\ $ 1 stC7sMAMT MINES SHMN ro ND M 4rdDMWAL CLUSURES SWI/4,581/4 71301!13 - S0I R 003 DNR EASE•'NIEXIIIN'T'IIF:SOUTHIWY OFSEC-1-ION 1, 'TOWNS? IIP 27 NOR'T'H, RANGE 13 WEST, W.M., IEFFERSON COMM WASTIIN(;'I'ON mm "105113 1 SURVEYOR'S CERT ?MATE SANE. I'-100 1116 MAP CCfUEMY REPRETDRS A S/MMEY LADE 57 RIE OR UTAMM W DMECROM ORA'AN BT: t9Y M CONFORMANCE RWM 0E REOUONDWIM OF HE SLIMY )MMM RIO ACT AT 111E AEOItESr 0.r JEFFVMM COUMM M ,BALL 2013. ,PUT CMnfkD Bf: w• _ A • FLS J75JI 0 100 200 SCALE W FEET Sheat 2 of 3 eM DNR Easement Number 50-090160 1< J O,-LNS'lO1V 540 W. 8th Strcct, PIM Aa Wks, WA 9&362 . )OHNJT 360385.2506, 360.452.0237 ofliice, 360.452.0238 f23 ,Q Land Surveying ww-. )husum1-1swvcymVp,An MJ VI FRED FW RECOW 7193 DAr cr WA . 201! At 148013 t191` BA5 N. M BOM ,3f` OF SWWYS AT PAGE2,2_ 1 Lf2� S' AT TW RECUEST Or ,.?ASTON LAAV "SM?WM 0 y,$�:jfe�---al oll AU& I�L t(27N-11R� JEITTf1TPs0N A1.q'/OR ALRRILRS TRE AKl LINE TABLE 4 \ MIAMI" DIRECTION OWANCE I END 9fA1104 \\ L13 M 91'3341 E 39.0233 31+10.9249 04 S 905939 E2153M34+10.3799 .SMA l7.I0 5000� LIS S 550017 E 4MWI 35+20.9711 Of S 3711118' E I 1.79.3591 1 !9+03.4990 O LI? N WW 39 E 143.2070 D33 43+TO.O SIOM9M.WT FIGURES SROM ro AID MM. ClASUtLS TARZ MAIM DELTA M= TAMOENT RAOIIIs AC LEJ10T7f END SdTON 9 .\ C/1 490039 19.3"4 19000 91.?W4 35+'31.9015 C12. 332921 IS.10.79 9000 0.].9423 31+94.97? Cf' OSM'41' 1 3AMM 1 500.00 91.0412 34+71.4179 CII. 275939 759910 I 400.00 140.130.7 M+971219 7 GOVT LOT I I STATE 713013001 II LTD 5 1V3T/1' E 33.999 1 23+41.930• \1`1 , Of S J2 E `�� 9'23 L12 S 9 E 97.30.19 29+907197 5.7MFM.V,f FCLRES STg1RI ro AID 06711. CI.OSIIRES I177.28 - SW 1/4. SY.I/4 I STATE 71301300.7 STA 40+37.09 00 LEiT STA 39+1/.19 5QQ9 LEFT STA f � 4500 LEFT CIS 954 W ROS2799 330.00 371.3107 11+79.7995 I\ $ 1 stC7sMAMT MINES SHMN ro ND M 4rdDMWAL CLUSURES SWI/4,581/4 71301!13 - S0I R 003 DNR EASE•'NIEXIIIN'T'IIF:SOUTHIWY OFSEC-1-ION 1, 'TOWNS? IIP 27 NOR'T'H, RANGE 13 WEST, W.M., IEFFERSON COMM WASTIIN(;'I'ON mm "105113 1 SURVEYOR'S CERT ?MATE SANE. I'-100 1116 MAP CCfUEMY REPRETDRS A S/MMEY LADE 57 RIE OR UTAMM W DMECROM ORA'AN BT: t9Y M CONFORMANCE RWM 0E REOUONDWIM OF HE SLIMY )MMM RIO ACT AT 111E AEOItESr 0.r JEFFVMM COUMM M ,BALL 2013. ,PUT CMnfkD Bf: w• _ A • FLS J75JI 0 100 200 SCALE W FEET Sheat 2 of 3 eM DNR Easement Number 50-090160 1< J O,-LNS'lO1V 540 W. 8th Strcct, PIM Aa Wks, WA 9&362 . )OHNJT 360385.2506, 360.452.0237 ofliice, 360.452.0238 f23 ,Q Land Surveying ww-. )husum1-1swvcymVp,An MJ VI FRED FW RECOW 7193 DAr cr WA . 201! At 148013 t191` BA5 N. M BOM ,3f` OF SWWYS AT PAGE2,2_ 1 Lf2� S' AT TW RECUEST Or ,.?ASTON LAAV "SM?WM 0 y,$�:jfe�---al oll AU& I�L t(27N-11R� JEITTf1TPs0N A1.q'/OR ALRRILRS TRE AKl 0791412 V: 36 P: 232 ►11:3 eF 7 SUN 14/21/I] II:b�M ]141.M NAME LNM SMN1Y 6TIM I�tiW��'MCNI'JI W rlV.1i 11111 Dowans Creek Road Realignment County Project No. CR1799 Right of Way Plat for Jefferson County across the South Half Section 1, Township 27 North, Range 13 West, W.M., Jefferson County, Washington ----- NORM IAIE TIE SOUTHEAST 1/4 a 711E SOVOEAST F/4 EMBINY AMY OF RAY UNITS JEFFERSON CO MIT OF MY EASEMENT NO. g 30 -MJ.= 09 ME MM ME STATE OF WASHINGTON. SEE MONUMENT F ON SHEET 1 SEI/4,SE1/4 8 a e'Ai 7 08/16/01 FOUND'000 BIM g 71301173003 /� �� = T BRASS CAP STAMPED 'AP r v0 n STA: 43+77.110 1600 IEFr STA: 14+5016 16.+0 SIA 4"67.10 '�� CE� r--- [fond 4600 LEFT _ 00/16/x. FOUND 2000 81Y�I --'\ --- BRASS CAP STAMPED •AP I• G�6 STA 46+7502 EQUALS SIA 75+50 OF EMSRNG APWT OF L -48 Lf- Mor UMTS PER JEFFERSON Ca ""T a L 50 I 10 1 - >!i MY EASEMENT N-CR3301 ON FILE MM ME STATE OF M94INGTON. 1 MONUMENT F TO I STATION 40+73.62 DIRECTION DISTANCE S5751421Y 309.10 I LIME TABLE II NUMBER DIREC110n I DISTANCE F70 STATION LIB 1 M ba'2 1 E 100/50 44 .6 +x.4703 ' 19 N a7roe3s E stax2 43+1+5065 SF.1/4.SE1/4 L20 N BP7327 E 1x1870 17+O6.OJ11 - STATE 111/ N Bfs E 00.2950 49N3./1x b 71,3013001 SIGNIFICANT` FIDIIRES SNOW TO AO WTH. CLOSURES V MiR01'1ARIDIGIN UD STATION Cra 6I3E i 11.2m 3x.00 .70.3062 13+315007 cn +55350 2/.0550 350.00 4zxr4 4s+szx76 cre re9eb4' 55.7711 350.00 t/+3734 K+1/0003 r Cr0 22,4025 30. 150.00 59.7x4 48+79.370 51OEMAIR FiCU1�S SIp1N 7D Aro W7NEINMAL CLOSI/RES e -12.49'26' e - xv1'sJ' R - 18+00 ro1't1Y A - JT0.50 L - 71.65 cl 5+00 ark 1117661 STA 47+6151ba aR �,I1.r1'E$ - x76'rl• !Q0 - aza50 _ �1 59211E L -4191 Gam --tel 1 16 .00 ,1843Y4LYE rzs.33 S8s3YM 9 G11D� 5043140'0' .'0 i 22.48'26• L 0 s- �I A R 92'14 R- r20.00 + -r- L L-4777 DETAIL 1"-sD• SURVEYOR'S A14RRATW THE PURPOSE OF i/Rs SURVEY 6 TO ILLUSTRATE AND DESCRIBE A EASEMENT BETWEEN THE STATE OF NA5NINCTON AND JEFFERSON CHANTY. EASEMENT AREAS DONLOT 12 - 1.8667 ACRES OR 81,317 SF. COVT LOT i 1 - 1.2078 ACRES OR 514J9 S F. SN. SE - 1.1235 ACRES OR 46840 S.F. SE, SE - 1.2750 ACRES OR 35.577 S.F TOTAL, 5.4639 ACRES OR 236008 SF. 0 too 200 SCALE IN FEET SERMW ESIAX QESCRA N 711E SOUTH AMIE W THE SOU"AWT, QUARTER TDCETNER RUN VwN QOENT LOTSu N II AND 12. ASECTION 1, 700NSNIP 27 NORM, RANGE /3 RBST, W.M. JEFFERSON COUNTY, STATE OF MTsaNcroR. Sheat J OF J DNR Easement Number 50-090160 2R EASEMENTIN THE SOUTH f [M.E OF SECHON I,OtINS'1'UN I'OWNSHIP 27 NORTI1, RANG 540 W. Nth Street, Port nKe Angeles, WA 78362 t F. 13 WEST, WAMJ, EFFERSON COUNTY TORN Oj 360-385.2506, 360.452.0237 ol&ec, 360.4520238 fax WASIIIN(:TON Q� o wr6 Land Surveying WWW.john/tun12ndsuneyinKco 140 :o Ole` D1/Mv. SURVEYOR'S CERTIFICATE 7115 WP CORRECRr REPAE.SE7N5 A SURYFY LADE By ME OR UNDER MY ORECOON AU0170R'S CERTIFM.ITE FTLED FOR RECORD TNS 21 DAY ar OC461N.r 20IJ AT N �, ASSrR)IRI OPA9M CI: Rw N CONFORINNCE wM TIL REQUNOAENTS OF THE SURVEY RECORDING ACT AT rHE REQUEST OF JEFF MM COUNTY N JUW. 2013. 1101„ 1; PLS 3733? FF��---- J7 Nus 46 ' �F� ' c �9 11:45 A M N BOO'( JXL_ OF SU IEVS A T PAGE 2 5 2 Ar tw MEsr OF JamsioN LAAO SG~vm C D V 7 `102- .EFFERspa L171/N AWTOP AGO/rdP3 iRE Aq I(17N-IJR) PLV OIEGRED 0Y' RIM r J a J 584749 PGS:17 SA 7 07!03/2014 it 29 AM $88 00 WILL RUTTERFIELD Jefferson County WA Auditor's Office - Donna Eldridge Auditor When recorded return to I N Ila wwm.I doll wimrIII Department of Natural Resources Olympic Region Attn Rod Larson 411 Tlllicum Lane Forks, WA 98331 NO REAL ESTATE EXCISE TAX PEOL'IRED JEFFERSON COUNTY I REASURER BY S STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES PETER GOLDMARK, Commissioner of Public Lands COUNTY ROAD EASEMENT Grantors) Washington State, Department of Natural Resources Grantees) Jefferson County Legal Description SI/2SE1/4, Gov't Lots 11, 12, & 13 Sec I, T27N, 13W Assessors Property Tax Parcel or Account Number 713013001 & 713013003 Cross Reference NA DNR Easement No 50-090160 This Easement is between JEFFERSON COUNTY, a political subdivision of the State of Washington herein called "Grantee" and the STATE OF WASHINGTON, acting by and through the Department of Natural Resources, herein called "State" dated as of "Effective Date" Conveyance. State for and in consideration of the terms and conditions specified herein, hereby grants and conveys to the Grantee A non-exclusive easement in gross for the sole purpose of construction, operation, use, and - maintenance of a public road over and across portions of the S 1/2 of the SEI/4 of Section 1, `Township 27 North, Range 13 West, W M more specifically described on that Record of Survey recorded in Jefferson County, Washington on October 21, 2013 under Auditor File Number 579902 and by this reference made a part hereof, and over and across portions of the Sl/2 of the SEI/4 and Government Lots 11, l2, and 13 of Section 1, Township 27 North, Range 13 West, W M on an existing road, sixty (60) feet in width having thirty (30) feet of width on either side of the existing center line as shown approximately on the attached Exhibit A (hereinafter Easement Area) County Road Easement I of 16 Easement No 50-090160 State hereby conveys to Grantee timber currently growing within the Easement Area as set forth in Exhibit B, and authorizes the removal of such timber as necessary to construct or reconstruct the road Any timber conveyed under this Easement that is not removed within five (5) years from the date of this Easement or the date of authorization by State, whichever is later, shall be deemed forfeited and become the property of State All other timber located within the Easement Area and timber subsequently grown within the Easement Area shall belong to State and shall not be removed without prior approval of State and without full compensation to State for the value of timber removed Consideration. The consideration paid by the Grantee to State is as follows Timber . 361,70000 Land $8,59000 Total .$70,29000 Term. The term of this Easement shall be perpetual unless vacated as provided by law Assignment. Neither this Easement, nor any of the rights granted herein, shall be assigned without prior written consent of State Compliance with Laws Grantee shall, at its own expense, conform to all applicable laws, regulations, permits, or requirements of any public authority affecting the Easement Area and the use thereof Upon request, Grantee shall supply State with copies of permits or orders Export Restrictions. Any export restricted timber originating from state land under this Easement shall not be exported until processed Grantee shall comply with all applicable requirements of WAC 240-15-015 (relating to the prohibitions on export and substitution), WAC 240-15-025 (relating to reporting requirements), and WAC 240-15-030 (relating to enforcement) All export restricted timber from state lands shall be painted and branded in compliance with WAC 240-15-030(2) If Grantee knowingly violates any of the prohibitions in WAC 240-15-015, Grantee shall be barred from bidding on or purchasing export restricted timber as provided Grantee shall comply with the Export Administration Act of 1979 (50 U S C App. Subsection 2406(1)) which prohibits the export of unprocessed western cedar logs harvested from state lands Compliance with Habitat Conservation Plan. The Easement Area is located within an area that is subject to the State's Habitat Conservation Plan adopted in connection with Incidental Take Permit No PRT -812521 as supplemented by Permit No, 1168 (collectively "ITP") As long as the Habitat Conservation Plan remains in effect, Grantee and all contractors, subcontractors, invitees, agents, employees, licensees, or permittees acting under Grantee shall comply with the terms and conditions set forth in Exhibit C while operating on the Easement Area County Road Easement 2 of 16 Easement No 50-090160 Indemnity. Grantee shall indemnify, defend with counsel acceptable to State, and hold harmless State, its employees, officers, and agents from any and_all liability, damages, expenses, causes of action, suits, claims, costs, fees (including attorney's fees), penalties, or judgments, of any nature - whatsoever, ansing out of the use, occupation, or control of the Easement Area by Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees, including but not limited to the use, storage, generation, processing, transportation, handling, disposal, release, or threatened release of any hazardous substance or materials To the extent that RCW 4 24 115 applies, Grantee shall not be required to indemnify State from State's sole or concurrent negligence This indemnification shall survive the expiration or termination of the Easement Grantee waives its immunity under Title 51 RCW to the extent required to indemnify State Insurance. Before using any of said rights granted herein and at its own expense, the Grantee shall obtain and keep in force during the term of this Easement and require its contractors, sub- contractors, or other permittees to obtain while operating on the Easement Area, the following liability insurance policies, insuring Grantee against liability ansing out of its operations, including use of vehicles Failure to buy and maintain the required insurance may result in the termination of the Easement at State's option The limits of insurance, which may be increased by State, as deemed necessary, shall not be less than as follows (a) , Commercial General Liability (CGL) insurance with a limit of not less than $1,000,000 per each occurrence If such CGL insurance contains aggregate limits, the general aggregate limits shall be at least twice the "each occurrence" limit, and the products -completed operations aggregate limit shall be at least twice the "each occurrence" limit (b) -Employees liability ("Stop Gap") insurance, and if necessary, commercial umbrella liabiliy insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease (c) Business Auto Policy (BAP) insurance, and if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 per accident, with such insurance covering liability ansing out of "Any Auto" Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent coverage If necessary the policy shall be endorsed to provide contractual liability coverage and cover a "covered pollution cost or expense" as provided in the 1990 or later versions of CA 00 01 Grantee waives all rights against State for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance County Road Easement 3 of 16 Easement No 50-090160 (d) Grantee shall comply with all State of Washington workers' compensation statutes and regulations Workers' compensation coverage shall be provided for all employees of Grantee and employees of any contractors, sub -contractors or other permittees Except as prohibited by law, Grantee(s) waives all rights of subrogation against State for recovery of damages to the extent they are covered by workers compensation, employer's liability, commercial general liability or commercial umbrella liability insurance All insurance must be purchased on an occurrence basis and should be issued by companies , admitted to do business within the State of Washington and have a rating of A- or better in the most recently published edition of Best's Reports Any exception shall be reviewed and approved in advance by the Risk Manager for the Department of Natural Resources If an insurer is not admitted, all insurance polices and procedures for issuing the insurance policies must comply - with Chapter 48 15 RCW and Chapter 284-15 WAC The State of Washington, Department of Natural Resources, its elected and appointed officials, agents and employees shall be named as an additional insured on all general liability, excess, and umbrella insurance policies Before using any said rights granted herein, Grantee shall furnish State with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified above Certificate(s) must reference State's easement number State shall be provided written notice ,before cancellation or non -renewal of any insurance referred to herein, as prescribed in statute (Chapter 48 18 RCW or Chapter 48 15 RCW) Grantee shall include all contractors, sub -contractors and other permittees as insureds under all required insurance policies, or shall furnish separate certificates of insurance and endorsements for each Contractors, sub -contractors and other permittees must comply with all insurance requirements stated herein Failure of contractors, sub -contractors and other permittees to comply with insurance requirements does not limit Grantee's liability or responsibility All insurance provided in compliance with this Easement shall be primary as to any other insurance or self-insurance programs afforded to or maintained by State Grantee waives all rights against State for recovery of damages to the extent these damages are covered by general liability or umbrella insurance maintained pursuant to this Easement - By requiring insurance herein, State does not represent that coverage and limits will be adequate to protect Grantee, and such coverage and limits shall not limit Grantee's liability under the indemnities and reimbursements granted to State in this Easement County Road Easement 4 of 16 Easement No 50-090160 If Grantee is self-insured, evidence of its status as a self-insured entity shall be provided to State If requested by State, Grantee must describe its financial condition and the self-insured funding mechanism Waste. Grantee shall not cause nor permit any filling activity to occur in or on the Easement Area, except by prior written approval of State Grantee shall not deposit refuse, garbage, or other waste matter not in use, store, generate, process, transport, handle, release, or dispose of any hazardous substance, or other pollutants in or on the Easement Areas except in accordance with all applicable laws The term hazardous substance means any substance or material as those terms are now or are hereafter defined or regulated under any federal, state, or local law in including but no limited to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA 42 USC et seq ), or the Washington Model Toxic Control Act (MTCA RCW 70 105D 010 ) Grantee shall immediately notify State if the Grantee becomes aware of any release or threatened release of hazardous substance on the Easement Area or adjoining the Easement Area. If the release of hazardous substance occurs in, on, under, or above the Easement Area ansing out of any action of the Grantee, its contractors, subcontractors, invitees, agents, employees, licenses, or permittees, the Grantee shall, at its sole expense, promptly take all actions necessary or advisable to clean up, contain, and remove the hazardous substance in accordance with applicable laws Any cleanup shall be performed in a manner approved in advance in writing by State, except in emergency situations Grantee may take reasonable and appropriate actions without advance approval Survey Markers. Grantee shall not destroy any land survey corner monuments and/or reference points (including but not limited to corner markers, witness objects, or line markers) without prior written approval from State, which shall not be unreasonably withheld Monuments or reference points that must necessarily be disturbed or destroyed during road construction or maintenance activities must be adequately referenced and replaced, at the Grantee's cost, under the direction of a State of Washington Professional Land Surveyor, in accordance with all applicable laws of the State of Washington in force at the time of construction, including but not limited to RCW 58 24, and all Department of Natural Resources regulations pertaining to preservation of such monuments and reference points Operational Restrictions Site-specific operational requirements are listed in Exhibit D Non- compliance with these requirements shall constitute a breach of the Easement and may result in State suspending operations until the breach is remedied County Road Easement 5 of 16 Easement No 50-090160 Construction/Reconstruction Sixty (60) days prior to any construction or reconstruction by Grantee on the Easement Area, Grantee shall submit a written plan of construction to State outlining the construction or activity for State's approval, which shall not be unreasonably withheld In the event of an emergency requiring immediate action to protect person or property, Grantee may take reasonable corrective action without prior notice to State All construction or reconstruction shall comply with applicable state or local laws Maintenance, Repair, and Improvements. Grantee shall have sole responsibility for the maintenance, repair and improvement of the road to county road standards Weed Control/Pesticides The Grantee shall control at its own cost, all noxious weeds on any portion of the Easement Area herein granted Such weed control shall comply with county noxious weed control board rules and regulations established under the Uniform Noxious Weed Control Statute (Chapter 17 10 RCW) The Grantee shall be responsible for, or shall immediately reimburse State any weed control cost incurred as a result of the Grantee's failure to control weeds on the Easement Area. j All ground methods of chemical weed control shall be approved in writing by State prior to beginning such activities The aerial application of pesticides is not permitted P Notice Any notices or submittals required or permitted under this Easement may be delivered personally, sent by facsimile machine or mailed first class, return receipt requested, to the following addresses or to such other place as the parties hereafter direct Notice will be deemed given upon delivery, confirmation of facsimile, or three days after being mailed, whichever is applicable To State DEPARTMENT OF NATURAL RESOURCES Olympic Region 411 Tillicum Lane Forks, WA 98331 To Grantee Jefferson County, Department of Public Works 623 Sheridan Street Port Townsend, WA 98368 County Road Easement 6 of 16 Easement No 50-090160 Recording. Grantee shall record this Easement in the county to which the Easement Property is located, at Grantee's sole expense Grantee shall provide State with a copy of the recorded Easement Grantee shall have thirty (30) days from the date of delivery of the final executed i agreement to comply with the requirements of this section If Grantee fails to record this Easement, State may record it and Grantee shall pay the costs of recording, including interest, upon State's demand Danger Tree Removal Individual trees located within the danger tree zones outside of the Easement Area and within the Easement Area which shall be dangerous to the operation and maintenance of the public road in the Easement Area, may be removed subject to the following I Grantee shall mark the trees 2 Grantee shall timber cruise the trees 3 Grantee shall notify DNR in writing of their request to remove the danger trees and include the cruise and a map showing the location of the trees 4 State will determine the fair market value of the trees it authorizes to be removed. 5. State will approve the removal of danger trees contingent upon payment in full by Grantee prior to removal In the event of an emergency requiring immediate action to protect person or property, Grantee shall I Fall and/or remove the necessary danger tree(s) without advance authorization from State 2 Cruise the felled and/or removed tree(s) 3 Grantee shall notify State in writing of the tree(s) felled and/or removed and include a map of the location and a cruise within fourteen (14) days after felling. 4 DNR will determine the fair market value of the tree(s) felled and/or removed and bill the Grantee 5 Grantee shall pay for the tree(s) within thirty (30) days of receipt of the billing notice Abandonment In the event any portion of the road is abandoned, the Grantee shall take the necessary legal action to vacate such portions and shall immediately restore the land within all vacated portions to natural conditions as may be directed by State In restoring the land, all asphalt shall be removed from the vacated portion, the asphalt shall not be deposited on the adjacent State land In addition, the land surface shall be scarified to blend with the adjoining landscape County Road Easement 7 of 16 Easement No 50-090160 Noncompliance. State shall notify the Grantee of any instance of noncompliance by the Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees with any of the terms and conditions hereof Such notice will specifically identify the manner of noncompliance herewith Ir In the event the Grantee does not undertake, or cause to be undertaken, remedial action within fifteen (15) days following receipt of said notice, State, acting by and through its Region Manager at Forks, Washington, may suspend the Grantee's operations until such time as effective remedial action is taken Construction The terms of this Easement shall be given their ordinary meaning unless defined herein and shall not be presumed construed against the drafter tl Effective Date. The Effective Date of this Easement shall be the date on which the last party executes this Easement The Effective Date will be inserted on the first page of the Easement when such date is determined Exhibits. All exhibits referenced in this Easement are incorporated as part of the Easement Headings The headings in this Easement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Easement nor the meaning of any of its provisions Modification Any modification of the Easement must be in writing and signed by the parties State shall not be bound by any oral representations or statements _ Non -waiver The waiver by State of any breach or the failure of State to require strict compliance with any term herein shall not be deemed a waiver of any subsequent breach County Road Easement 8 of 16 Easement No 50-090160 Severability If any provision of this Easement shall be held invalid, it shall not affect the validity of any other provision herein IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, as of the day and year first above written Dated ' '20 Dated , 20 Dated 20-L� County Road Easement BOARD OF COUNTY COMMISSIONERS By-��k Gam. Chairman, John Austin Address- 623 Sheridan Street, Port Townsend, WA 98368 Phone(3 85-9L r 5/?-// ,I, / By �/ //`� Commissioner, Phil Johnson Address 623 Sheridan Street, Port Townsend, WA 98368 Phone (3 385- 0 By - Co issio er, David W Sullivan Address 623 Sheridan Street, Port Townsend, WA 98368 Phone (360) 385-9210 _ Approved to fo only30 j l� 00 Old 964,yKI:21 David AlvarezDate Deputy Prose mey R 5'7- i STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated 6 1? -020'4 V _ BY R L A - Commissioner okfhaic Lands P O Box 7060/ 1111 Washington Street SE ,ger Olympia WA 98504-7000 Affix the Seal of the Commissioner of Public Lands Approved as to form October 18, 2002 by Mike Rollmger Assistant Attorney General for the State of Washington County Road Easement 10 of 16 Easement No 50-090160 COUNTY ACKNOWLEDGMENT a i A i t; yr w,a►ariiNGTON) ss County of Jefferson ) On this %r da of 2014, before me -personally hi Y �� Pe Y aPP� Phil Johnson to me known to be Jefferson County District No. 1 Commissioner, David Sullivan to me known to be Jefferson County District No. 2 Commissioner o -me -known -to -be -Jefferson Eeun"istnct-No- 3 C-onurnssroaer, and they executed the within and foregoing,gLi�+pU , and acknowledged that the Rt�2Maur ' , was signed as their free and voluntary act for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said gievIaf YX r i i OA 'Ovefr'F' 2 County Road Easement (�d� Notary signadire (1NoWIv Avaey Notary Print Name Residing at 2 ".r5d-y7 Ll,M fit My Commission expires -3 1 I of 16 Easement No 50-090160 STATE ACKNOWLEDGEMENT State of Washington County of Thurston I certify that I know or have satisfactory evidence that PETER GOLDMARK is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Commissioner of Public Lands, and administrator of the Department of Natural Resources of the State of Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated ( ignature) (Seal or stamp) _ p•��„ (Print Name +� ��as►oEp� `9�4� Notary Public in and for the State of Washington, a �'`�, OTARY s residing at 7 e = N M = ' os PUBLIC ' My appointment expires 1� 1� • plc °•, OF WASE Allies" l � F County Road Easement 12 of 16 Easement No 50-090160 Exhibit A Exhibit Map 33 36 2 1 36 31 1 6 Township 27 North, Range 13 West Road 1 Lot 12 Lot 11 DOW State State Lot 13 stated State 1 12, C� State 1 6 1Z 7 Easement Area/Exastutg Road Width 60 feet By- R Larson Dau 4.14-14 0 00501 02 03 04 Miles County Road Easement 13 of 16 Easement No 50-090160 r EXHIBIT B TIMBER CUT AUTHORIZATION Grantee is authorized to cut and remove timber as necessary to construct or reconstruct a road within the Easement Area as follows• Timber within the harvest boundaries shown on Forest Practice Application # 2612762 between orange right-of-way stakes as marked on the ground. County Road Easement 14 of 16 Easement No 50-090160 EXHIBIT C HCP REQUIREMENTS 1 Grantee shall immediately notify State of new locations of permit species covered in the Incidental Take permit (ITP) that are discovered within the Easement Area covered by the Habitat Conservation Plan (HCP), including, but not limited to locations of occupied murrelet habitat, spotted owl nest sites, wolves; grizzly bears, nests, communal roosts, or feeding concentrations of bald eagles, peregrine falcon nests, Columbian white-tailed deer, Aleutian Canada geese, and Oregon silverspot butterflies In all circumstances notification must occur within a 24 hour time period 2 Upon locating any live, dead, mjured, or sick specimens of any listed species covered by the ITP within the Easement Area Grantee shall immediately notify State In all x circumstances notification must occur within a 24 hour time period , Grantees maybe ` t required to take certain actions to help State safeguard the well' being of any live, injured or sick specimens of any listed.species discovered, until the proper disposition of such specimens can be determined by the State 3- Any Forest Practices Permit application submitted for activities on the Easement Area must comply with the ITP and HCP and identify that the Premises are within an area covered by a Habitat Conservation Plan and part of the Incidental Take Permit No PRT - 812521 as supplemented by Permit No 1168 0 County Road Easement 15 of 16 Easement No 50-090160 EXHIBIT D OPERATIONAL REQUIREMENTS • Construction will conform to conditions in Forest Practice Application Number # 2612762 on file at the Olympic Region office in Forks, Washington k • Construction will conform to operational timing restrictions in FEMA Finding of No Significant Impact # FEMA -1734 -DR -WA, PW 202 I County Road Easement 16 of 16 Easement No 50-090160 Department of Natural Resources Date: June 13, 2014 DELEGATION ORDER During my absence June 16-27, 2014, I hereby delegate to LENNY YOUNG, Department Supervisor, authority to perform the duties I have reserved to be performed'exclusively by myself in the current Department of Natural Resources Delegated Order and Appendix to Delegation Order, Delegation of Authority Table, dated May 22, 2012 except as follows I do not delegate my reserved authority related to Exempt employees specified on Page S of the Appendix to Delegation Order, Delegation of Authority Table I further authorize LENNY YOUNG to execute any agreements or other documents that would require my signature in carrying out the reserved authorities temporarily delegated pursuant to this delegation cc Executive Management Team Division and Region Managers Patricia O'Brien, Senior Counsel, Attorney General's Office Larry Raedel, Chief, Law Enforcement Dated this 13`h day of June, 2014 PETER G61DNRK COMMISSIONER OF PUBLIC LANDS CR M019C j �JiJ STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCS BRIAN J BOYLE, Commissioner of Public Lands Olympia, Washington 98504 Easement No 50-CR3306 THIS EASEMENT, made and entered into this 22Jday of -A 19 8, by and between JEFFERSON COUNTY, herein called the "Grantee," and the STATE OF WASHINGTON, acting by and through the Department of Natural Resources, herein called the "State," WITNESSETH. The State for and in consideration of the terms and conditions specified herein, hereby grants and conveys to the Grantee its successors and assigns, An easement for a right of way for the sole purpose of construction, operation, use, and maintenance of a road over and across parts of SETA SETA, Section 1, Township 27 North, Range 13 West, W M , shown on Plat No CR3306, filed in the office of the Commissioner of Public Lands at Olympia, Washington, a reduction of which is attached as Exhibit A, indicating said right of way in red, and by this reference made a part hereof, all in Jefferson County, Washington. , Consideration The consideration paid by the Grantee to the State is as follows Fourteen Thousand Sixty and no/100 Dollars (14,060 00) for right of way timber. Assignment This easement, or any of the rights granted herein, shall not be assigned without prior written consent of the State. Term Should the Grantee or its assigns cease to use this easement for the purpose specified herein for a period of two years, it shall notify the State of such nonuse and the rights granted herein shall revert to the State, its successors or assigns Damage and Protection from Damage Grantee, when using the rights granted herein, shall repair or cause to be repaired at its sole cost and expense, all damage to improvements on State lands occasioned by it, which is in excess of that which it would cause through normal and prudent use of said rights During operations under this easement, including the construction of roads and landings, the Grantee shall take such precautions as necessary to minimize insofar as possible, sod erosion and damage to the sod Equipment will not be operated when ground conditions are such that excessive damage will result. All sod surfaces on the right of way, temporary roads and skid trails which are devoid of natural cover as a result of the operations hereunder, shall be reseeded to a grass mixture recommended by the local office of the County Extension Agent All legal land subdivision survey corners and witness objects are to be preserved If such are destroyed or disturbed by the operations of the Grantee, the Grantee shall re-establish them by a registered professional engineer or licensed land surveyor in accordance with U S General Land Office standards at his own expense. ' Corners and/or witness objects that must necessarily be disturbed or destroyed in process of construction must be adequately referenced and/or replaced in accordance with all applicable laws of the State of Washington in force at the time of construction, reconstruction, or development of the right of way including but not limited to chapter 58 24 RCW, and all Department of Natural Resources rules and regulations pertaining to preservation of such corners and/or witness objects Such references must be approved by the State prior to removal of said corners and/or witness objects. The Grantee shall prevent the establishment of weeds upon, and the spread of weeds from, any portion of the right of way herein granted which is adjacent to cultivated State lands and shall further comply with the county noxious weed control board rules and regulations established under the Uniform Noxious Weed Control Statute (Chapter 1710 RCW). Payment of weed control costs will be the Grantee's responsibility. In the event the county noxious weed control board directs the Grantee to control weeds or the Grantee elects to kill or control the growth of weeds and/or brush by chemical treatment within or in proximity to said right of way, he shall use only those -chemical agents, the container labels of which have been registered with the Washington State Department of Agriculture Such use must be in accordance with the labeled directions and approved of jointly by the Washington State Department of Agriculture and the County Extension Agent before commencement of any control program Preoperating Requirement The Grantee's operations specified herein shall be conducted in accordance with the provisions of the State approved Plan of Operation in force at the time of construction, reconstruction, or development of the right of way Provided, however, thirty (30) days prior to commencement of said operations, the Grantee shall submit to the Regional Manager at Forks, Washington, for written approval, a complete and detailed Plan of Operation for the development of the right of way. The Grantee shall provide for the examination of the right of way, with the State's Regional Manager, before any construction, reconstruction, or development is commenced. Facility Protection Trees that become an interference outside of the limits of said right of way the State, and payment of the appraised Restoration or a hazard to the rights herein granted and located may be removed upon obtaining the written consent of value thereof. It is understood and agreed that in the event any portion of the road described herein is abandoned, the Grantee shall take the necessary legal action to vacate such portions and shall immediately restore the land within all abandoned portions to a natural condition as may be directed by the State. On those portions designated for restoration, all asphalt shall be removed from the abandoned right of way and shall not be deposited on the adjacent State land, in addition, the land surface shall be scarified to blend with the adjoining landscape Notice of Noncompliance The State shall notify the Grantee by United States mad, addressed to the address shown on the application for this easement on file with the State in Olympia, Washington, of any instance of noncompliance by the Grantee, its employees, permittees, contractors or subcontractors with any of the terms and conditions hereof Such notice will specifically identify the manner of noncompliance herewith In the event the Grantee does not undertake, or cause to be undertaken, remedial action within fifteen (15) days following receipt of said notice, the State, acting by and through its Regional Manager at Forks, Washington, may suspend the Grantee's operations until such time as effective remedial action is taken WON- """WMW • IN WITNESS WHEREOF�,eie parties hereto have executed ,,,,, instrument, in duplicate, as of the day and year first above written. STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES J' �f RU E MACKEY, M ---, Division of Lands and Miner Is App. No. 50-CR3306 021nghtaWM50cr3306 eas / ti RIGHT OF WAY PLAT JEFFERSON COUNT SECTION I , TOWNSHIP 27 NORTH, RANGE IWEST, WM JEFFERSON COUNTY, WASHINGTON NOTE THE PURPOSE OF r"v S EASEMENT /S COUNTY POA P R/GNT OF WA Y' CR30006 Fp/Nf�/Op.7 ATCONCRA/ETEr �O4NpdR C9igMPCA A7 Q�N r a/ Y� '(� ��Fd/T6ii / OP MONUMCNr1' 1\\ r 1s �' 2 NdB .30 47 W __ 7642 07 FOUND ONO CONCQFa TC 6706 TIyH NT SET ,4 FROM FQOf/NO a/ N-MLNAILOOK / 2 4 W - W WITH V NOTCN I t FT FO NO /I Nr MLOCK FO/T TM y NO rCN ANOANO NA/L !Ii r 26 4 IT 3l0 689 33'31"E 1 `I �\ l a,9 L /NE DATA BEAA11A/G D/5TAAICE PT STAT/ON U45 44 00 E 2011 77 i 50 57 41033047E 279/4 4, 244L• 6 Sag S/ 49 E 139 79 let of 24 I2 544 O/ 15 E 2 /'458 — C44 0/ /8 E 209 70 64 i 9577 Al" 30 21 W /57 -W- 44/42 49 CUIPVE DATA OFLTA RAO/uS LEND N PC $>AT/OL -4-4- 55 27 P —4.. L /2156STA 71 7/ M I O /7/�I497 R /5000 C•4455 STA 77. 0392 5 O 26 37 23 R 190 00 C 89 N 5TA 73• q! 07 a 25 50 32 R 190 00 c 91 19 STA 7/ 20 05 7302-904 R /90 00 L 95 77 STA 44 • 00 -j— R /BO oo I L 10 22 STA 79.99 70 O !4 3955 R /90 OO L•44 07 STA 6i-194-57 /4 SECTION L/NE FOUND U S DEPARTMENT eF NTHR/OR ORA S6 -1, AS TAMPCOEMENT !/I T TI N 2652 14 3& I 14 O2 NAIL • 4 ✓P d f PACE OP a0 M/MLOCK STUMP TALL W/TM /lM BT TAG Al !y>y PUP !o NEMLOCK pr✓MP WTN TI;W NICE%FT LM Br G /i • A" /a ✓P W Fq GE _ OF /I N(MLOCK BI// f a) 0 iI NI/LW'r. ✓P /a fMt oCK FACE RSL W Q90 FT KR l?F TA l `o- a h NO SCALE S88 30 47 "E /92418 _T II 2448 34 732418 I N P S N A/ST N4 RPr 2) m I4 MHMLOCN Ar MP W?N 3 L ; h N ' t g A 40 97 AC K. h `L 143"^IM Hr/ LOOAT/ON AVfTER MABNlD (rl V9rAL fwr't" TOTAL R W • / 40 AC . 4 4 REMA/NOE�P9r TT Q l?F TA l `o- a h NO SCALE 569 03 39 E 400 500 1313 09 132303 _ -- 689.03 39 E - 424 0 NNN 999 03 2 SCALE 1N FEET 'C7 Z2 S88 30 47 "E /92418 _T II 2448 34 732418 CAICVI A.uT O Wlr ti WI N A/ST N4 RPr 2) m I4 MHMLOCN Ar MP W?N N ; h Q (pI RAYON/ER 9/! cOCAT/ON POSTER MARKED ` !O Cf OAR rruMP W/TN rAYON/(R I �1 A 40 97 AC K. h `L 143"^IM Hr/ LOOAT/ON AVfTER MABNlD (rl V9rAL fwr't" TOTAL R W • / 40 AC N�� REMA/NOE�P9r TT "'r'192200 132200N89 4127 344 35' W �1 O UNO //� / O✓ /PE SHT /940 TO REP[ACE EI/ST/NG O PoBT ATH TAO F L DICK/NSON NE FO ✓ND A ST - SEE 569 03 39 E 400 500 1313 09 132303 _ -- 689.03 39 E - 424 0 NNN 999 03 2 SCALE 1N FEET 'C7 Z2 TN4 REMA/NS OF A BS/BLE BT — FOUND //� /Ab" P/P /941 IN O�SOUTM NO OR/(/NAL Ey/OENCE FOUND F< O/CK/NSON NOTES RFF•ORT REMA/N3 F ! BT d qT NTfRSECT/ON FFR NESA RY, OF NORTHWESTERN TERRITOR/ES INC , A REGISTERED eIA ZHo Nes '949 K CLARK uw0 PIPE ANO EAST / SOUTH B T f /OR /N ANO FOR THE 5TATE Q. WASH/NG7 ANO REPRESENT/N6 Fo✓wR /99? a1 MFMLOCK awAB w/rN AiE MAPKd O SCP/BC ACGEP-EO AS, OR�O%NAL /T a 20 W•� Ja 1�P ~ Wlr ti Ih N A/ST N4 RPr 2) m I4 MHMLOCN Ar MP W?N SFB ; h Q (pI RAYON/ER 9/! cOCAT/ON POSTER MARKED ` !O Cf OAR rruMP W/TN rAYON/(R I �1 A 40 97 AC K. h `L Hr/ LOOAT/ON AVfTER MABNlD (rl V9rAL fwr't" TOTAL R W • / 40 AC MAR47T0 !/s E 6 0 FTNEB/ REMA/NOE�P9r TT "'r'192200 132200N89 4127 344 35' W 2(044 O UNO //� / O✓ /PE SHT /940 TO REP[ACE EI/ST/NG O PoBT ATH TAO F L DICK/NSON NE FO ✓ND A ST - TN4 REMA/NS OF A BS/BLE BT — FOUND //� /Ab" P/P /941 IN O�SOUTM NO OR/(/NAL Ey/OENCE FOUND F< O/CK/NSON NOTES RFF•ORT REMA/N3 F ! BT d qT NTfRSECT/ON FFR NESA RY, OF NORTHWESTERN TERRITOR/ES INC , A REGISTERED eIA ZHo Nes '949 K CLARK uw0 PIPE ANO EAST / SOUTH B T f /OR /N ANO FOR THE 5TATE Q. WASH/NG7 ANO REPRESENT/N6 Fo✓wR /99? a1 MFMLOCK awAB w/rN AiE MAPKd O SCP/BC ACGEP-EO AS, OR�O%NAL /T a 20 W•� Ja 1�P