HomeMy WebLinkAbout004 16ce"�� I "D�), ) tt
In the matter of
A Resolution Declaring
An Intent to Vacate a Portion
County Road Right of Way
STATE OF WASHINGTON
COUNTY OF JEFFERSON
RESOLUTION NO. 04-16
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.
ADQPTF,D+THIS,25th DAY OF JANUARY, 2016
S$.�v _
^ • 7 • d
A TsTES -
y
arolyn Very
Deputy Clerk of the Boa"�
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
KatWeMKIer, Ch
Phil Johnso K4ember
Davi W. Sullivan, Member
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
rVr
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 Z
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
.� Natural Resources
v PeterGoldmar&-Commissioner of Pub IicLands
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 agreer0ent with the road
vacation.
Thank you for contacting us about this proposal.
Sincerely,
Sue Trettevik
Olympic Region Manager
Department of Natural Resources
CB:ST
cc: Easement File
M
OLYMPIC REGION 1 411 TILLICUM LN 1 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
EQUAL OPPORTUNITY EMPLOYER RECYCLED PAPER
579902 V: 36 P: 290 Py:1 eF 3 SURV
10/21/20 !!13 It JOHIISTON itls�pau6ettor
.......
ili �� NO w�{ki hy4JhiNl+IJ loh 11111
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, W.M., Jefferson County,
Washington
SURVEYOR'S NARRATIVE
THE PURPOSE OF THIS SURVEY IS
TO ILLUSTRATE AND DESCRIBE A
EASEMENT BETWEEN THE STATE OF
WASHINGTON AND JEFFERSON
COUNTY.
WUM
THIS SURVEY IS BASED ON THE
WASHINGTON COORDINATE. SYSTEM, NORTH
ZONE, WSJ(91) PER RES TO
JEFFERSON COUNTY GPS POINTS 'DOWANS
1', 'DOWANS 2' AND 'PULLOUT' AS
SHOWN IN VOLUME 26 OF SURVEYS, PAGE
135. ALL BEARINGS ARE RELATNE TO SAID
GRID. ALL DISTANCES ARE REDUCED TO
SAID GRID USING A COMBINED SCALE
FACTOR OF 0.999942. TO OBUIN GROUND
DISTANCES, MULTIPLY DISTANCES SHOWN
HEREON BY 1.000056.
Undie Road
B�AcH(�L
� RIVEK
Asa Dowans
- 1 A
I Creek
as
State State Jeff L County _ OOVl 2NMINflall 11 GOVERNMpNf LOT lOI
CAVERNMENT LOTS 12d IJ
EASEMENT -'
101 1 SEE SHEETS 2 de 3
II I
State State
SW 1/4 SE 4-
_ ------!/4 -- -
VICINITY MAP
NOT TO SCALE
0 O fY'
NO2QY30E' i
2 I 1397.78
IIB7D,7289Y
------ ---_-- 2640 pJ _NerLx7 few _ 2e4).72 OC /SOX24'40E'
141.98
bOWAN6 I' I3ZQ463-------
____________
1 J.?•`
?� N 3377J4.02 IJ2dB8 -- Tim
.�ryy
_--------- 1{6
/E - ]82890.23 IJ2J.88 I O
I? . t Z = 254.J6
GOV f LOT 13•.4 ♦w
AIR GOVT LOT I2• GOYT LOT II' �
GOV7'LOT 10+ y
IN88J3iew __- ,J2A365 - I S".'21,E - I
2619.IJ - _ 2846.37 O
I.II 1322.783
X13 I�
I_ o soo 1200 I� I
SCALE IN FEET
O N68riY10'W 2838.73 ---- i _ 1J2I.0.7 _ 1 __ I321.83 _ _
N8809'IB'W _
2643.86
SECTION SUBDIVISION
•2008 NFANOER LINE NOT SHOWN
LANK F;ASENIENI' 1N'1'HE SOU'Fl I I I/U.F OF sEc rioN t,
TOWNSIdip 27 NORTH, KANGE 13 WFST, W.M.,
lNl,VF;ItSON COUNTY, W ASIIING'I ON
oe/oJ/Ia SURVEYOR'S CERTIFICATE
E: AS SHOWN
THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER AFT' DIRECTION
N BY: RK /N CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT ME
REQUEST OF JEFFERSON COUNTY IN JUNE, 2013.
. _ BY: I6118113
SERVIENT ESTATE DESCRIPTION
THE SOUTH HALF OF THE SOUTHEAST
QUARTER TOGETHER WITH GOVERNMENT
LOTS II AND 1$ ALL IN SECTION I.
TOWNSHIP 27 NORTH, RANGE 13 WEST,
W.A. JEFFERSON COUNTY, STATE OF
WASHINGTON.
F WITNESS CORNER TO SOUTH 1/I6
CORNER
06/16/08, FOUND 3 -INCH BRASS
CAP WITH APPROPRMTE STAMPING
SET BY BLM IN 2008.
OSOUTHEAST CORNER SECTION /
01/23/07, FOUND J.25 -INCH
ALUMINUM CAP ON 2 -3/8 -INCH
ALUMINUM POST SET BY DNR IN
1994. SEE LAND CORNER RECORD
FILED UNDER AFIN 171534.
li SOUTH QUARTER CORNER SECTION I
CALCULATED POSITION OF A ONR
MONUMENT BY SCALING AND
ROTATNM. THE GEOMETRY SHOWN
ON PLAT CRJ306 (SEE NOTE)
OSOUTHWEST CORNER SECTION 1
06/10/IJ. FOUND 1. ]5 -INCH IRON
PIPE. EPOKYEO A 2 -INCH BRASS
CAP WITH APPROPRIATE STAMPING.
SET THE FOLLOWING MAGNVL RPS
FROM CORNER:
N30'26T. 6.69
S75'38'E. 4.89
Sool6W, 5.74
S7W22W, 9.86
NOIF
THE NORTH AND SOUTH QUARTER CORNERS
AND THE NORTHEAST SECTION CORNER
WERE CALCULATED BASED ON THE
GEOMETRY SHOWN ON ME DOWANS CREEK
ROAD RIGHT OF WAY PUT (CR3306) PER
EASEMENT NO. 50-CRJJ06 ENTERED
MARCH 22. 1993. FRED WITH THE STATE
OF WASHINGTON, DEPARTMENT OF NATURAL
RESOURCES TIRE OFFICE. THIS GEOMETRY
WAS SCALED AND ROUTED BETWEEN RES
TO ME WEST QUARTER CORNER AND
SOUTHEAST SECTION CORNER AS SHOWN
HEREON.
Sheet I of 3
DNR Easement Number 50-090160
OHNS1'C)N 540 W. 8th Street, Port Angeles, WA 98362
_T 360.385.2506, 360.452.0237 office, 360.452.0238 Tac
Land Stuveying ww-johostoulandsurveying.com
AUDITOR'S CERIIFICATE t
FILED
FOR
RECORD
DAY OF Oc hbw . 2013 AT t
1L•�y_'1 M. IN BOOK _1A0_ OF SURVEYS AT PAGE 2S0
AS/T� THE REQUEST OF jouNSTpV LAND SURVEYING 6W
WRAAAf(SkAiFrdl f]t�.11�.- sl99oZ ,(27N_rJw)
JEFFERSON CONN A AUDITOR'S FRE NO.
WEST QUARTER CORNER SECTION 1
A
11/06/03, FOUND AND ACCEPTED
A 3.25 -INCH ALUMINUM CAP SET
BY BL.M IN 1988, ALSO FOUND
1981 DNR BRASS CTAP N1 I'14'W,
1.59. SEE LAND CORNER RECORD
FILED UNDER AFN 272501.
NORTH QUARTER CORNER SECTION 1
9
CALCULATED POSITION OF A DNR
MONUMENT BY SCALING AND
ROTATING THE GEOMETRY SHOWN
ON PLAT CR3306 (SEE NOTE)
CORNER TO EAST QUARTER
OWITNESS
C
CORNER SECTION ,
06/07/08, FOUND J.25 -INCH
ALUMINUM CAP APPROPRNTE
STAMPED SET BY ULM IN 2000
EAST QUARTER CORNER SECTION I
O
CALCULATED POSITRONBASED ON
WITNESS CORNER
SOUTH 1/16 CORNER
OE
CALULATED POSITION
WUM
THIS SURVEY IS BASED ON THE
WASHINGTON COORDINATE. SYSTEM, NORTH
ZONE, WSJ(91) PER RES TO
JEFFERSON COUNTY GPS POINTS 'DOWANS
1', 'DOWANS 2' AND 'PULLOUT' AS
SHOWN IN VOLUME 26 OF SURVEYS, PAGE
135. ALL BEARINGS ARE RELATNE TO SAID
GRID. ALL DISTANCES ARE REDUCED TO
SAID GRID USING A COMBINED SCALE
FACTOR OF 0.999942. TO OBUIN GROUND
DISTANCES, MULTIPLY DISTANCES SHOWN
HEREON BY 1.000056.
Undie Road
B�AcH(�L
� RIVEK
Asa Dowans
- 1 A
I Creek
as
State State Jeff L County _ OOVl 2NMINflall 11 GOVERNMpNf LOT lOI
CAVERNMENT LOTS 12d IJ
EASEMENT -'
101 1 SEE SHEETS 2 de 3
II I
State State
SW 1/4 SE 4-
_ ------!/4 -- -
VICINITY MAP
NOT TO SCALE
0 O fY'
NO2QY30E' i
2 I 1397.78
IIB7D,7289Y
------ ---_-- 2640 pJ _NerLx7 few _ 2e4).72 OC /SOX24'40E'
141.98
bOWAN6 I' I3ZQ463-------
____________
1 J.?•`
?� N 3377J4.02 IJ2dB8 -- Tim
.�ryy
_--------- 1{6
/E - ]82890.23 IJ2J.88 I O
I? . t Z = 254.J6
GOV f LOT 13•.4 ♦w
AIR GOVT LOT I2• GOYT LOT II' �
GOV7'LOT 10+ y
IN88J3iew __- ,J2A365 - I S".'21,E - I
2619.IJ - _ 2846.37 O
I.II 1322.783
X13 I�
I_ o soo 1200 I� I
SCALE IN FEET
O N68riY10'W 2838.73 ---- i _ 1J2I.0.7 _ 1 __ I321.83 _ _
N8809'IB'W _
2643.86
SECTION SUBDIVISION
•2008 NFANOER LINE NOT SHOWN
LANK F;ASENIENI' 1N'1'HE SOU'Fl I I I/U.F OF sEc rioN t,
TOWNSIdip 27 NORTH, KANGE 13 WFST, W.M.,
lNl,VF;ItSON COUNTY, W ASIIING'I ON
oe/oJ/Ia SURVEYOR'S CERTIFICATE
E: AS SHOWN
THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER AFT' DIRECTION
N BY: RK /N CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT ME
REQUEST OF JEFFERSON COUNTY IN JUNE, 2013.
. _ BY: I6118113
SERVIENT ESTATE DESCRIPTION
THE SOUTH HALF OF THE SOUTHEAST
QUARTER TOGETHER WITH GOVERNMENT
LOTS II AND 1$ ALL IN SECTION I.
TOWNSHIP 27 NORTH, RANGE 13 WEST,
W.A. JEFFERSON COUNTY, STATE OF
WASHINGTON.
F WITNESS CORNER TO SOUTH 1/I6
CORNER
06/16/08, FOUND 3 -INCH BRASS
CAP WITH APPROPRMTE STAMPING
SET BY BLM IN 2008.
OSOUTHEAST CORNER SECTION /
01/23/07, FOUND J.25 -INCH
ALUMINUM CAP ON 2 -3/8 -INCH
ALUMINUM POST SET BY DNR IN
1994. SEE LAND CORNER RECORD
FILED UNDER AFIN 171534.
li SOUTH QUARTER CORNER SECTION I
CALCULATED POSITION OF A ONR
MONUMENT BY SCALING AND
ROTATNM. THE GEOMETRY SHOWN
ON PLAT CRJ306 (SEE NOTE)
OSOUTHWEST CORNER SECTION 1
06/10/IJ. FOUND 1. ]5 -INCH IRON
PIPE. EPOKYEO A 2 -INCH BRASS
CAP WITH APPROPRIATE STAMPING.
SET THE FOLLOWING MAGNVL RPS
FROM CORNER:
N30'26T. 6.69
S75'38'E. 4.89
Sool6W, 5.74
S7W22W, 9.86
NOIF
THE NORTH AND SOUTH QUARTER CORNERS
AND THE NORTHEAST SECTION CORNER
WERE CALCULATED BASED ON THE
GEOMETRY SHOWN ON ME DOWANS CREEK
ROAD RIGHT OF WAY PUT (CR3306) PER
EASEMENT NO. 50-CRJJ06 ENTERED
MARCH 22. 1993. FRED WITH THE STATE
OF WASHINGTON, DEPARTMENT OF NATURAL
RESOURCES TIRE OFFICE. THIS GEOMETRY
WAS SCALED AND ROUTED BETWEEN RES
TO ME WEST QUARTER CORNER AND
SOUTHEAST SECTION CORNER AS SHOWN
HEREON.
Sheet I of 3
DNR Easement Number 50-090160
OHNS1'C)N 540 W. 8th Street, Port Angeles, WA 98362
_T 360.385.2506, 360.452.0237 office, 360.452.0238 Tac
Land Stuveying ww-johostoulandsurveying.com
AUDITOR'S CERIIFICATE t
FILED
FOR
RECORD
DAY OF Oc hbw . 2013 AT t
1L•�y_'1 M. IN BOOK _1A0_ OF SURVEYS AT PAGE 2S0
AS/T� THE REQUEST OF jouNSTpV LAND SURVEYING 6W
WRAAAf(SkAiFrdl f]t�.11�.- sl99oZ ,(27N_rJw)
JEFFERSON CONN A AUDITOR'S FRE NO.
578902 V: 36 P: 251 P
1:2 of 3 SURV
(6181/26(3 ]1:46 (RI 2 JONNM EANpe S(IRVEY
Guntr uq Nve 1
iuii �rxa�rr ri ai4w7� u WHI mill
Dowans Creek Road Realignment County Project No. CR 1799
Ri ht of Way Plat for
Jefferson County
across the South Half of Section 1, Township 27 North, Range 13 West, W.M., Jefferson County,
'DOWANS 2' Washington
r'ee
� 'p �� DOWANS 2 TO 2 STATION f0+00.00
0 DIRECTION OSTANCE
� �]` 578'17'0417 141.61
GOV'r LAT 12
STATE
77301.3007
' EXISTING
ROAD
SURVEYOR'S MRRAME
THE PURPOSE OF THIS SURVEY IS TO ILLUSTRATE AND DESCRIBE A
EASEMENT BETWEEN THE STATE OF WASHINGTON AND JEFFERSON COUNTY.
SERNENT ESTATE DESMP77ON
THE SOLIDI HALF OF THESOUTHEAST OVARIER TOGETHER WITH GOVERNMENT
LOTS 11 AND 12, ALL IN SECTION 1. TOWNSHIP 27 NORTH, RANGE 13 WEST,
W.M., JEFFERSON COUNTY, STATE OF WASHINGTON.
EASEMENT AREAS
DOW LOT I2 - 1.8887 ACRES OR 87,317 S.F.
GOVT LOT it - 1.20.36 ACRES OR 52,439 S.F.
SW, SE - 1.1235 ACRES OR 4&940 S.F.
SE SE - 1.2750 ACRES OR 55.5.36 SF.
TOTAL: 5.409 ACRES OR 238,009 S.F.
GOVT LA'L' 11
STATE
71301JO01
STA J7+5710
/ 4&00 LEFT
EDGE OF EXISTING
GRAVEL ROAD
STA .34+IBM
4s.00 LEFT
STA 74+71.42 I
'11.00 LEFT
--rMa�INE q� THE Sq/TNNE r
SOUTIiFAST //1 --
\ N
A`
\4
'A `I]v3o
S8736 27'E
17728
SW1/4, SN,1/4
STATE
713013003
GOVT LAT t I
STATE
713013001
LINE TABLE
^p
NUMBER DIRECTION DISTANCE END STATION
LIS N 81'3311 E 39.0237 3'+ 10-9246
LII S 64'59'56' E 215.5095 34+10.3786
LIS S 38'00'17"E 19.4536 35+20.8714
LIB- S 3r03.18' E 138.3581 38+05.4860
] C�
\�S
STA J /0
71F87.
10.00 L{FI
L17 N 8709'38' E 113.2070 u+20.0035
I
STA. 40+57.09
SIGfNFICANT MURES SHOWN TO NO MATH. CLOSURES
4&00 (EFT
CURVE TABLE
I
STA J9+9
NUMBER DELTA ANGLE TANGENT RADIUS ARC LENGTH END STATION
C1I
y0
MOO LEFT
29'0036 46.5774 180.00 91.1554 30+51.9015
\
STA 41+7&60 W
C12 1528'21'I 45,3039 MOO 8.3.9423 31+94,8871
C13 08'59'41' 70.3585 300.00 61.0412 34+71.4178
4100 LEFT N
C11. 20'58'59' 7.3.9510 100.00 14&2565 38+67.1279
\
CIO OT4704 205.2796 .330.00 771.J/05 41+76.7965
AZIS
75 'p
`I
'$ C16 O
SIGNIFICANT FIGURES SHOWN 70 ND-AATHEAATICAL CLOSURES
SWI/A, SEI/4
STATE
'
`- --- - -'r--
_ la� - Q
'B 3
713013003
DNR EASEMENT IN T111". SOUTH HALF OF SECTION 1,
TOWNSI IPP 27 NORTH, RANGE 13 WEST, W.hl, il?FFF,ILSON 101PNST
COUNTY, WASHINGTON y��ew WVW Oy
oe�aT�13 SURVEYOR'S CERTIFICATE
SCALE: 1'-100'
THIS MAP CORRECTLY REPRESENTS A SURVEY LADE BY ME OR UNDER MY DIRECTION
DRAWN BY: RM IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE .tB.1T51ea60
REQUEST OF JEFFERSON COUNTY IN JUNE. 2013. 'EJ'j IST
vu T CHECKED BY: n, l\ //OVAL LATH
3I RQR'o SSTON PLS
0 100 200
I
rrr --�
SCALE IN FEET
Sheat 2 o/ J
DNR Easement Number 50-090160
J OFIIVST'ON 540 W. 8th Street, Port Angeles, WA 98362
and Surveying 360.385.2506, 360.452.0237 office, 360.452.0238 F,Ix
S y g www.jolmstonlandsurveying.com
HA _'S RTlF! T£
FI�L�ED� �F/L,IP ,RECORD TIWS DAY O�
Oc6,6t v . 20/7 AT
M. IN BOOK 1jOF SURVEYS AT PALL'
AT THE RECLE�Sr CF�,`A'HNSICVV LAND SURVEYING
9dI ! j(CW� 1'[[OIMI Ip )' S 19�oZ 1(274+-t3W)
JEFFERSDY COU AUDI70/T AUgItM$ FILE Na
I.5-
URV
10202013 P: 252
1g:3
JOHHSTON LfMIO S-
1111 K M
URVEY1111KM WA17cpaYIIKiN+UIR�IhN4�IIII
Dowans Creek Road Realignment County Project No. CR 1799
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 LRIE OF }ME SOU INEAST
- - -
- - 1/4 Or RIE SOUTHEAST 1/4
I
R = 320.00 L 71.65
EXISTING RIGHT OF WAY LIMITS PER
50,00
L 51.19
.EFFERSD4 CO. RIGHT OF WAY EASEMENT NO. -- -
50-CRJJ06 ON FILE WITH THE STATE OF
g
STA 47+8162 ,7J /
WASHINGTON.
ro2'12•E1.
d = 06'56.11,,(
SEE MONUMENT F ON SHEET 1 /-
2o0O
SEI/4, SEI/4
w
510212•E'
10.00
STATE
ro p 06/18/08. FOUND 2006 Bl tl
1•
713013003
s BRASS CAP STAMPED •AP 2•` '
5845Y48 W
r
Uwg4As y
58437'48'00 96.30
4MSAD ,U77..10
LEFT
P•'Y
STA: 44+58:95
1s00
%
r 92-
4 = 22"48'28•
R = 120.00
4,100 LEFT
_ C
L = 47.77
STA 44+97.10 ,Xree�ROMd 08/16/05 FOUND 2t1DB
4500 LEFT -_
__;--- BRASS CAP STAMPED 'AP 1'
i
C�8 STA 49+75A2
EQUALS STA 75+50 OF E)U TING RIGHT OF
_0 _ WA
WAY OMITS PER JEFFERSON CO. RIGHT OF
L18 LI�
WAY EASEMENT NO. 50-CRJJ06 ON FILE
C18
NIM THE STATE OF WASHINGTON.
I
MONUMENT F TO STATION 49+75.62
DRECTION DISTANCE
S6751'42W 389.48
I ;
LINE TABLE
I
NUMBER DIRECTION .DISTANCE .END STAIIINT
178 N 88'2751 E 100.9608 N+39.470)
I V4
L79 4+.87'08 J3 E 51.0362 413+10.3065
SEI/4,SE1/4
L20 N 8015 T7 E 156.4870 47+09.0]49 -
I �
STATE
L21 N 84'5748 E _98.2889 49+75.8136
713013003
SIGNIFICANT FIGURES SHOWN TO AID MTN. CLOSURES
-
CURVE TABLE
NUMBER DELTA ANCLE TANGENT RADUS ARC .LENGTH END STATION
CIB 085306 19.2725 350.00 ]8.5081 4J+58.5097
C17 063308 21.0560 J50.00 420814 4.5+32,5878
C78 180800• 55.7712 J50.00 170.57]4 b+/9.8083
,
C19_ .-41825' 1 30.2551 1 150.00 59.7084 48+79.3187
1
SIGNIFICANT FIGURES SHOWN TO AID MATHEMATICAL. CLOSURES
e = 22.48'26•
A = 09179.53• R = ISOM
sro2'12'E
R = 320.00 L 71.65
50,00
L 51.19
96.30
STA 49+7562
STA 47+8162 ,7J /
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d = 06'56.11,,(
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L - 49.91 N /
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N8437.48•E 725.3]
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58437'48'00 96.30
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SURVEYOR'S WRATTVE
ME PURPOSE OF THIS SURVEY IS TO ILLUSTRATE AND DESCRIBE A
EASEMENT BETWEEN THE STATE OF WASHINGTON AND JEFFERSON COUNTY.
EASEMENT AREAS
GOVF LOT 12 - 1.8667 ACRES OR 81,3 13 SF.
COVT LOT f 1 - 1.2038 ACRES OR 52,4]9 S.F.
SW, SE - 1.1275 ACRES OR 48,940 S.F.
SE, SE - 1.2]50 ACRES OR 55.537 S.F.
TOTAL' 5.4639 ACRES OR 238.009 S.F.
DNR EASENIENP IN THE SOUTH HALF OF SECTION 1,
TOWNSHIP 27 NORTH, RANGE 13 WEST; W.N1.,J1:FFE1LSON CC
WAS11INGTON
- - -- -- SURVEYOR'S CERTIFICATE
SCALE: ASSNOWN
THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DRECTION
DRAWN B'!: RIU IN CONFORMANCE WITH ME REQUIREMENTS OF THE SURVEY RECORDING ACT AT ME
REQUEST OF JEFFERSON COUNTY IN JUNE, 2013.
PIAT CHECKED BY:
&"
79�v
M, "Sri , 1011s 13
DETAIL
1.=50.
O 100 200
I
SCALE W FEET
SERVIENT ESTATE DESCRIPTION _
ME SOUTH IL4LF OF THE SOUTHEAST QUARTER TOGETHER WITH GOVERNMENT
LOTSf i AND 12, ALL R4 SECTION 1, TOWNSHIP 27 NORTH, RANGE 13 WEST,
W.M.. JEFFERSON COUNTY, STATE OF WASHINGTON.
Sheet 3 of J
DNR Easement Number 50-090160
OtINS'L'ON 540 W. 8th Street, PortAngeles, WA 98362
4�0 IDH ysTOy Land Surveying 360.385.2506, 360.452.0237 office, 360.452.0238 Eix
°R-Vw.johnstonlandsurveyingcom
AUDITORS CERTIFICATE
p FILED FOR RECORD TINS 21 OAY OF OcAo b&y - 2013 AT
�f aFD I3T89.F'O
A7 LAW SJR' IT MS Q M 91 80W&&- OF SURVEYING AT PAGE 5 Z
AT iFIE REQUEST OF JOHNSTON tA,ON,O� suRYErrNc q
-1 -%,.XT ' 1) 1'L 579 16Z I(27N_13W)
.EFFERSLN CO/N� AUDITOR'S FILE NO.
When recorded return to:
Department of Natural Resources
Olympic Region
Attn: Rod Larson
411 Tillicum Lane
Forks, WA 98331
584749 PGS:17 EASE
07r03i2014 11 29 AM $88 00 WILL BUTTERFIELD
.:e Person County WA Auditor's Off ce - Donna Eldridge Auditor
■111 Int FOPIG 4iM, I loll i,�'W�'�'i�'1F�l;rt��'I W, 11111
NO REAL ESTATE
EXCi t TkV F�O,,!iRt7D
JEFFERSON COUNTY TREASURER
BY:
STATE OF WASHINGTON DEPARTMENT OF
NATURAL RESOURCES PETER GOLDMARK,
Commissioner of Public Lands
COUNTY ROAD EASEMENT
Grantor(s): Washington State, Department of Natural Resources
Grantee(s): Jefferson County
Legal Description: Sl/2SEl/4, Gov't Lots 11, 12, & 13 Sec 1, T27N, 13W
Assessor's 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 .y_�� )vt ' �u
"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, 2413 under Auditor File Number
579902 and by this reference made a part hereof, and over and across portions of the SI/2 of the
SEI/4 and Government Lots 11, 12, 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 1 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 ........................... $61,700.00
Land ............................. $8,590.00
Total ............................. $70,290.00
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, arising 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 arising 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) Employer's liability ("Stop Gap") insurance, and if necessary, commercial
umbrella liability 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 arising 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 pennittees 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 (MICA 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 arising 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.
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.
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 in 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
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:
1. 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:
1. 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.
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.
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.
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: d ' i ' 120
Dated: l , 20±"
BOARD OF COUNTY COMMISSIONERS
By:
Chairman, John Austin
Address: 623 Sheridan Street,
Port Townsend, WA 98368
Phone: (3385-9 La
By:
Commissioner, Phil Johnson
Address: 623 Sheridan Street,
Port Townsend, WA 98368
Phone: (3 385-9,21 0
By.
Com issioner, David W. Sullivan
Address: 623 Sheridan Street,
Port Townsend, WA 98368
Phone: (360) 385-9210
to only
f�
David Alvarez
��m '/� Date
Deputy Prose rney
Mo tiers, P.E. Date
Public Works Director/County Engineer
County Road Easement 9 of 16 Easement No. 50-090160
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: — � L � , 20a � By: • `
S � 01-1 1 �
R OL MXRK
Commissioner of Pubfic Lands
P.O. Box 7000/
Gi,.•'�������� 1111 Washington Street SE
Olympia WA 98504-7000
w•
Affix the Seal of the Commissioner of Public Lands
Approved as to form
October 18, 2002
by Mike Rollinger
Assistant Attorney General
for the State of Washington
County Road Easement 10 of 16 Easement No. 50-090160
COUNTY ACKNOWLEDGMENT
STATE OF WASHINGTON)
ss.
County of Jefferson
On this/�Z `` day of 1:: , 2014, before me personally appeared 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 and -John -Austin to me known to be Jefferson
County District No. 3 Commissioner, and they executed the within and foregoing r/T ,and
acknowledged that thet';'(.�,�'1 r 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
`OA -n 4�M�if Notary signahtre
If
yNotary Print Name 7—
i ViAss4/ AvSL�' Z r
9 ' a •?f-�s 0 Residing at:., �4,,sek7 Lev/2!y
i,,+}t OR
tl My Commission expires: -�/�9 Z/g,
County Road Easement 11 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: i--9 0 14,
(Seal or stamp)
N R "N,
:c° NOTARY "•:
rM
'
PUBLIC
tp I1
/0
�,0��� ••[••/� `fir
( tgnature)
(Print N e)
Notary Public in and for the State of Washington,
residing at rJ
My appointment expires 1 1� • 1 i
County Road Easement 12 of 16 Easement No. 50-090160
County Road Easement 13 of 16 Easement No. 50-090160
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
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, injured, or sick specimens of any listed species covered by
the ITP within the Easement Area Grantee shall immediately notify State. In all
circumstances notification must occur within a 24 hour time period. Grantees may be
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.
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.
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.
Construction will conform to operational timing restrictions in FEMA Finding of No
Significant Impact # FEMA -1734 -DR -WA, PW 202.
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 3 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 D RK
COMMISSIONER OF PUBLIC LANDS
r,R K(19crl'
r... STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCIES
BRIAN J. BOYLE, Commissioner of Public Lands
Olympia, Washington 98504
Easement No. 50-CR3306 (�
THIS EASEMENT, made and entered into this .124'Cday of -h X19 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
maintenance of a road over and across parts of SETA SETA,
Range 13 West, W.M., shown on Plat No. CR3306, filed in
Public Lands at Olympia, Washington, a reduction of which
said right of way in red, and by this reference made a part
Washington.
Consideration
of construction, operation, use, and
Section 1, Township 27 North,
the office of the Commissioner of
is attached as Exhibit A, indicating
hereof, all in Jefferson County,
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, soil
erosion and damage to the soil. Equipment will not be operated when ground conditions are
such that excessive damage will result.
All soil 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 17.10 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 or a hazard to the rights herein granted and located
outside of the limits of said right of way may be removed upon obtaining the written consent of
the State, and payment of the appraised value thereof.
Restoration
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 mail, 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.
2
IN WITNESS WHEREOR,.,,,ie parties hereto have executed ,,. instrument, in duplicate,
as of the day and year first above written.
No. 50-CR3306
02\dghtawai50cr3306.eas
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
RU E MACKEY, M -�
Division of Lands and Miner Is
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RIGHT OF WAY PLAT
JEFFERSON COUNTY
SECTION I , TOWNSHIP 27 NORTH, RANGE 13 WEST, WM.
JEFFERSON COUNTY, WASHINGTON
NOTE.,
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RONALD L . NESARY, OF NORTHWESTERN TERRITO4P/ES, /NC ., A REG19TE�PEO
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AxE MAPKS, SCR/6E ACCEJ vTD
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REPRESENTS THE LOCA-MDAJ OF THE EASEMENT IAI SECT/OA/ / , TawN5'N/P ?7
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NORTHWESTERN TERRITORIES, INC.
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EXHIB.-IT A
Department 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 Engineeer
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 ties 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:
itip orley, Co Administra r Date