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HomeMy WebLinkAbout030617_ca03Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director/ County Engineer Agenda Date: March 6, 2017 Subject: WA Dept. of Fish >:t Wildlife (WDFW) Land Use Agreement, for Olympic Discovery Trail Project, South Discovery Bay - Segment A Statement of Issue: The Board is asked to approve the WDFW Land Use Agreement for the Olympic Discovery Trail (ODT) Project; Segment A, located in South Discovery Bay. This agreement permits Jefferson County to construct and maintain the ODT on WDFW property and is required by the trail construction grant funder, the Recreation Et Conservation Office (RCO), to establish control and tenure. Analysis/Strategic Goals/Pro's £t Con's: This project is included in the officially adopted 2017-2022 Transportation Improvement Program and the 2017 Annual Construction Program as Item No. 7. This project will complete a section of the ODT from Old Gardiner Rd to Salmon Creek. Fiscal Impact/Cost Benefit Analysis: This agreement permits the County to construct and maintain improvements on WDFW land. Construction of this project is funded by RCO grant #12-1250C with local matching funds previously identified. Costs associated with the WDFW Land Use Agreement are budgeted in the funding. Recommendation: The Board is requested to sign (3) copies of the Construction Agreement and return (3) copies to Public Works. Public Works will return to the BOCC 1 executed original upon signature by WDFW. Department Contact: John Fleming PE, Project Manager, (360) 385-9217 Review f �f e ( ` P orley, C unty dministr Date After Signature Return Original To Washington Department of Fish & Wildlife Real Estate Services 600 Capitol Way North Olympia Washington 98501 1091 Ann Elyse Kane Related Agency Control No 320187 Property Name Snow Creek Salmon Creek Unit North Olympic Wildlife Area County Jefferson Grantor Washington Dept of Fish & Wildlife Grantee County of Jefferson LAND USE AGREEMENT THIS LAND USE AGREEMENT IS entered into this day of , 2017, by and between THE STATE OF WASHINGTON, THE DEPARTMENT OF FISH AND WILDLIFE (hereinafter "WDFW") and COUNTY OF JEFFERSON, a governmental agency, whose address is, 623 Sheridan Street, Port Townsend, WA 98368 (hereinafter "Grantee") WDFW hereby authorizes Grantee to construct, operate and maintain a portion of the Olympic Discovery Trail on the existing abandoned Railroad Grade located on the Snow Creek Salmon Creek Unit of the North Olympic Wildlife Area for the purpose of a public non -motorized trail subject to the terms and conditions of this Agreement Said property is situated in the County of Jefferson, State of Washington (hereinafter "the premises"), as more particularly described and as depicted on Exhibit A FOR AND IN CONSIDERATION of the mutual benefits to be derived, WDFW and Grantee mutually covenant and agree as follows 1 Term This Agreement is not valid until signed by the authorized representative of WDFW below The term of this Agreement is (30 Years) to 2 Operation and Maintenance Grantee, at its sole expense, shall operate and maintain the premises and facilities in compliance with all applicable federal, state and local laws and regulations and in a condition satisfactory to WDFW This responsibility includes, but is not limited to a Construct a segment of the Olympic Discovery Trail b Grading and maintaining the trail surface in a satisfactory condition c Installing and maintaining all trail markers and signs as indicated on the plan d Control all noxious weeds within the trail corridor All chemicals and mechanical means of weed control must be approved by the Wildlife Area Manager for the North Olympic Wildlife Area e Be responsible for removing litter within the trail corridor f Controlling access to the trail by limiting the size of access points and, or placing barriers that prohibit motorized vehicular traffic on the site except as authorized by WDFW for construction and maintenance purposes g Grantee shall be responsible for managing public use of the Olympic Discovery Trail Rules of conduct shall be agreed to by Wildlife Area Manager for the North Olympic Wildlife Area and posted in plain sight at the trails entrance points at those access points indicated within the Olympic Discovery Trail, South Discovery Bay Trail Management Plan h The trail bed shall not exceed 10 feet in width with 2 foot gravel shoulders and shall follow the legal description as described and depicted in Exhibit A WDFD Jefferson County ODT Land Use Agreement Page 1 of 3 Grantee's use of the site shall comply with the provisions of the state cultural and archaeological resource laws (RCW 27 44 and 27 53) The clearance letter received from the Washington Department of Archaeology and Historic Preservation is found in Exhibit B 3 Compliance with Funding Source Contracts Grantee shall operate and maintain the premises for the purposes of public recreation in compliance with the provisions of the original funding agreement for the premises Section 6 Endangered Species Land Acquisition GRANT #13410-01-G009, which documents are maintained in the official files of WDFW in Olympia, Washington 4 Limited Rights No provision of this Agreement transfers any real property rights from WDFW to Grantee WDFW permits only those rights and privileges set forth in this Agreement during the term hereof and WDFW retains jurisdiction over its Property in all other respects This Agreement does not prevent public or WDFW use of the Property This Agreement does not convey the right to build roads, or store any materials, vehicles, or equipment on the premises, except as follows The bed of the existing rail line shall be hardened to accommodate non-motonzed use Mayor alterations and improvements to the land and facilities shall be done only with the prior, written approval of WDFW Grantee is authorized to take immediate action to correct hazards to the public (such as downed or danger trees or damage caused by flood hazards) Neither this Agreement, nor the rights and obligations set forth herein, may be assigned or sublet by Grantee in whole or in part, without written consent of both parties 5 Use Restrictions a Grantee shall not allow alcohol, fireworks, or fires on the premises b Commercial use shall not be allowed on the premises, unless by special permit issued by WDFW c No overnight public parking or camping is allowed on the premises d The premises shall be closed during the hours of darkness 6 No Warranty WDFW grants this Agreement without warranty, either express or implied, regarding the suitability or condition of the premises Grantee shall not hold WDFW liable for any shortage or defect in any part of the premises or on account of theft of, or damage to, the vehicles, equipment, or other property of Grantee, its agents, contractors, or employees 7 Liability Each party to this Agreement agrees to be responsible for being appropriately self-insured or providing adequate liability insurance related to the responsibilities and activities of itself, and its agents, contractors, and employees, at the premises To the extent allowed by law, Grantee shall indemnify, defend and hold WDFW harmless from and against any claims of damages by whomsoever made and of any nature whatsoever ansing out of or in any manner connected with the acts and omissions of Grantee, and its agents, contractors, and employees, at the premises Grantee and WDFW shall assist each other in preserving and presenting a defense of limited liability under RCW 4 24 210 by allowing the public to use said property for outdoor recreation without fee 8 Property Damage/Fines and Penalties Grantee, and its agents, contractors, and employees, shall not use hazardous or toxic substances at the premises, unless said use is in strict compliance with all applicable laws Grantee shall reimburse WDFW, immediately upon demand, for any and all cleanup costs, fees, fines, and penalties (civil and criminal) imposed on WDFW by any governmental authority, which are related to Grantee's use or misuse of the premises 9 Cancellation This Agreement maybe canceled by WDFW at anytime upon ten (10) days' written notice to Grantee in the event Grantee fails or refuses to perform any maintenance or repair required by WDFW or other applicable governmental authority, or in the event Grantee violates any of the provisions of this Agreement This Agreement may be temporarily suspended in case of emergency in the sole discretion of WDFW If this agreement is cancelled for any reason it shall be the responsibility of the Grantee to notify the Recreation and Conservation Office (RCO) of the cancellation 10 Surrender of the prenuses Upon cancellation or termination of this Agreement, Grantee shall immediately vacate and deliver up the premises to WDFW in a condition as good as, or better than, that which presently exists, reasonable wear and tear by the elements excepted Upon the failure or refusal of Grantee to restore the premises to said condition, WDFW may undertake the restoration, and Grantee hereby agrees to reimburse WDFW, immediately WDFD Jefferson County ODT Land Use Agreement Page 2 of 3 upon demand, for the cost of said restoration. Any property of Grantee that remains upon the premises ninety (90) days after termination or cancellation of this Agreement shall become the property of WDFW without further process, or, at WDFW's option, may be removed by WDFW at Grantee's cost. 11. Venue: In the event of a lawsuit involving this Agreement, jurisdiction and venue are proper only in the State of Washington, Thurston County Superior Court. 12. Severability: If any covenant or provision of this Agreement is adjudged void, such adjudication will not affect the validity, obligation, or performance of any other covenant or provision, or part thereof. 13. Entire agreement: This document contains the entire agreement between the parties and no statement, promise, representation, inducement, or agreement made by either party, or its respective employees or agents that is not contained in this document is valid, binding, or enforceable. IN WITNESS WHEREOF, the parties hereto have mutually agreed upon the terms and conditions of this instrument and have caused it to be executed as below subscribed: Accepted: Date Date Approved as to form only Michael Haasate 4 Jefferson County Prosecutor's Office [County of Jefferson, Board of Commissioners] By: Kathleen Kler, Chair WASHINGTON DEPARTMENT OF FISH AND WILDLIFE Clay Sprague, Lands Division Manager WDFD Jefferson County ODT Land Use Agreement Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION a m as cn C7 VICINITY MAP for LAND USE AGREEMENT *=M* xoxTx EXHIBIT B WA DEPT OF ARCHAEOLOGY & HISTORICAL PRESERVATION CLEARANCE LETTER ARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION February 27, 2014 Dr. Fred Caslick USFWS 911 NE 11th Avenue Portland, OR 97232-4181 Allyson Brooks Ph.D., Director State Historic Preservation Officer In future correspondence please refer to: Log: 052511-08-USFWS Property: Cultural Resources Assessment for the Maynard Shoreline Project, Jefferson County, Washington Re: No Historic Properties Affected Dear Dr. Caslick: Thank you for contacting the Washington State Department of Archaeology and Historic Preservation (DAHP). The above referenced project has been reviewed on behalf of the State Historic Preservation Officer under provisions of Section 106 of the National Historic Preservation Act of 1966 (as amended) and 36 CFR Part 800. My review is based upon documentation contained in your communication. We concur with your revised APE for the undertaking. We also concur with your consultant's professional opinion that that the two additional properties located within the expanded APE is not eligible for the National Register of Historic Places. As such, no historic properties will be affected by the current phase of the project as proposed. We look forward to working with you and your staff on mitigating the adverse effects for the removal of the railroad. If additional information on the project becomes available, or if any archaeological resources are uncovered during construction, please halt work in the area of discovery and contact the appropriate Native American Tribes and DAHP for further consultation. Thank you for the opportunity to review and comment. Should you have any questions, please contact me. Sincerely, Russell Holter Project Compliance Reviewer (360) 586-3533 russell.holter@dahp.wa.gov State of Washington • Department of Archaeology & Historic Preservation y. P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 x www.dahp.wa.gov s- '� lHwU u A PORTION OF JUNCTION CITY PLAT NW 1/4 SECTION 24, TOWNSHIP 29 NORTH, RANGE 2 WEST W M JEFFERSON COUNTY, WA LEGAL DESCRIPTION A 20 00 foot wide Public Non Motorized Trail being 10 00 feet on either side of a Centerlme whose sidelines extend or foreshorten to terminate at their respective property or right -0f way Imes, lying in a portion of the Plat of Junction City, in the Northwest Quarter of Section 24, Township 29 North, Range 2 West, W M in Jefferson County, Washington, Said Centerlme being more particularly descnled as follows Commmcmg at the West Quarter Comer of sand Section 24 Thence North 03°07'09' East 126192 fat along the West line of the Northwest Quarter of said Section 24 to the True Point of Beginning sand point being on a non -tangent curve to the right, the center of which bears South 64°20'01" East, with a radius of 162 00 feet, Thence northerly along said curve through a central angle of 45°24'4T an arc length of 128 40 feet to a point of a tangent curve to the left, with a radius of 207 00 fat, Thence northerly along said curve through a central angle of 31°3T46" an arc length of 114 27 f Thence North 39°26'59' East 50 29 fat to a point on a tangent curve to the left, with a radius of 173 00 feet, Thence northerly along said curve through a central angle of 40°58'14" an arc length of 123 71 feet; Thence North 01031'15" West 8514 feet to a point on a tangent curve to the right, with a radius of 159 00 fat Thence northerly along said curve through a central angle of 18°19'35" an arc length of 50 86 fat to the terminus of said Centerline, Except that portion of alleys in Blocks 170 and 179 of said Plat, Public Non Motorized Trail contaming 11,129 square feet more -or less TPOB A PORTION OF JUNCTION CITY PLAT NW 1/4 SECTION 24, TOWNSHIP 29 NORTH, RANGE 2 WEST, W M JEFFERSON COUNTY, WA 0 1413 23+ 24 6=1819 35 / R=159 00 L=50 86 10 0 I I � I I N01 31 15"W 8514 6=40 5814 R=173 00 L=123 71 N39 26 59 E 5029 6=31 37 46 i R-207 00 / moi L=114 27 6=45 24 47 / R=162 00 L=128 40 Parametrix LEGEND TPOB POC SCALE IN FEET (R) 0 50 100 TRUE POINT OF BEGINNING POINT OF COMMENCEMENT RADIAL BEARING EXHIBIT A-2 Olympic Discovery Trail Public Non Motorized Trail Area for Parcel 964516903 AREA = 11,129 S F A PORTION OF GOVERNMENT LOTS 1 & 2, NE 1/4 SECTION 23 TOWNSHIP 29 NORTH, RANGE 2 WEST, W M JEFFERSON COUNTY, WA LEGAL DESCRIPTION An 18 00 foot wide Public Non-Motonzed Trail being 8 00 feet on the westerly side and 10 00 feet on the easterly side of a Centerhne'A' whose sidelines extend or foreshorten to terminate at their respective property or right -of way Imes, lying in a portion of Government Lots 1 and 2, in the Northeast Quarter of Section 23, Township 29 North, Range 2 West, W K in Jefferson County Washington, Said Centerline 'A! being more particularly described as follows Commencing at the East Quarter Corner of said Section 23 Thence South 88°41'58" West 686 20 feet along the South line of the Northeast Quarter of said Section 23 to a point on a non tangent curve to the right, the center of which bears South 89°08'54" East, with a radius of 960 50 feet, Thence northerly along said curve through a central angle of 2011713" an arc length of 340 09 feet to the True Point of Beginning, said point being on a curve to the right with a radius of 960 50 feet, Thence continuing northerly along said curve through a central angle of 24°0950 an arc length of 403 96 feet to a point hereafter referred to as Point 'A', said point being on a point of curve to the right with a radius of 960 50 feet, the center of which bears South 44°4551" East, Thence continuing northerly along said curve with a radius of 960 50 feet, through a central angle of 0015953" an arc length of 14 21 feet to a point of a tangent curve to the left, with a radius of 1007 00 feed Thence northerly along said curve through a central angle of 07°1221" an are length of 126 64 feet, Thence North 38°5741" East 147 96 feet to a point on a tangent curve to the right, with a radius of 607 00 feet; Thence northerly along said curve through a central angle of 0211743" an arc length of 24.32 feet, Thence North 41 010'24" East 254 20 feet to a tangent curve to the left, with a radius of 500 00 feet, Thence northerly along said curve through a central angle of 03°0231 ' an aro length of 26 55 feet, Thence North 380OT53" East 4911 feet to a point on a tangent curve to the left, with a radius of 207 00 feet; Thence northerly along said curve through a central angle of 26°00'11" an arc length of 93 95 feet to a point of a tangent curve to the right, the center of which bears South 77°52'18' East, with a radius of 162 00 feet; Thence northerly along said curve through a central angle of 13°32'17" an arc length of 38 28 feet to the terminus of said Centerlme'A' Together with a 20 00 foot wide 30 year right of entry being 10 00 feet on either side of a Centerline 'B' whose sidelines extend or foreshorten to terminate at the southerly ngbt-of way line of SR 101 to the West, and foreshorten to make 5 00 feet radius craves with the sidelines of aforementioned easement based on the centerline descnU for said Centerhne'A',lying in a portion of Government Lots I and 2, in the Northeast Quarter of Section 23, Township 29 North, Range 2 West, W X in Jefferson County, Washington, Said Centerlme'B' being more particularly described as follows Beginning at aforementioned Pomt'A', Thence North 51045'25" West 70 78 feet to the southerly right -of way line of SR 101 and the terminus of said Centerlme'B' Public Non -Motorized Trail containing 22,414 square feet mom -or less A PORTION OF GOVERNMENT LOTS 1 & 2 NE 1/4 SECTION 23 TOWNSHIP 29 NORTH RANGE 2 WEST, W M JEFFERSON COUNTY, WA CENTERLINE 8 N51 45 25W - 7078 5W -7078 TP06 CENTERLINE A Parametrlx SCALE IN FEET 0 75 150 14w 13 23 24 A=1332 17 R=162 00 L=38 28 - _ _SW41 58 W 686 20 S89 08 54 E (R) LEGEND TPOB TRUE POINT OF BEGINNING POC POINT OF COMMENCEMENT (R) RADIAL BEARING EXHIBIT A-4 Olympic Discovery Trail Public Non Motorized Trail Area for Parcel 902231004 AREA= 22,414 S F A=26 0011 / R=207 00 / L=93 95 / N38 07 53 E 4911 N41 10 24 E P 25420 / A=03 02 31 R=500 00 L=26 55 2 17 43 / / v�� )7 00 / 132 / —0=0712 21 R=1007 00 L=126 64 —A=00 50 53 R=960 50 L=14 21 \fir vIrs I _ _SW41 58 W 686 20 S89 08 54 E (R) LEGEND TPOB TRUE POINT OF BEGINNING POC POINT OF COMMENCEMENT (R) RADIAL BEARING EXHIBIT A-4 Olympic Discovery Trail Public Non Motorized Trail Area for Parcel 902231004 AREA= 22,414 S F A PORTION OF GOVERNMENT LOTS 1 & 2 SECTION 23, TOWNSHIP 29 NORTH RANGE 2 WEST, W M JEFFERSON COUNTY WA LEGAL DESCRTnON An 18 00 foot wide Public Non Motorized Trail being 8 00 feet on the westerly side and 10 00 feet on the easterly side of a Centerline whose sidelines extend or foreshorten to terminate at their respective property lines, lying in a portion of Government Lots 1 and 2, in the East Half of Section 23, Township 29 North, Range 2 West, W M in Jefferson County, Washington, Said Centerline being more particularly described as follows Commencing at the East Quarter Comer of said Section 23, Thence South 88°41'58' West 686 20 feet along the South line of the Northeast Quarter of said Section 23 to a pont on a non tangent curve to the left, the center of winch bears South 89°08'54 East, with a radius of 960 50 feet Thence southerly along said curve through a central angle of 04°5726" an arc length of 8310 feet, Thence South 04006120" East 1100 fed to the True Pont of Beginning, Thence North 04°0670" West 1100 feet to a point on a tangent curve to the right, with a radius of 960 50 feet, Thence northerly along said curve through a central angle of 25° 14'39 an arc length of 42319 fat to the terminus of sand Centerline, Public Non Motorized Trail containing 7,805 square feet more or less A PORTION OF GOVERNMENT LOTS 1 & 2 SECTION 23, TOWNSHIP 29 NORTH, RANGE 2 WEST, W M JEFFERSON COUNTY WA / 14 13 / 23 24 �bo l 1 I CURVE TOTAL 6=25 14 39 PARCEL 902231018 R=960 50 I L=423 19 POC 1 � 588 41 58 W 6 6 20 _ 24 22 23 589 08 54 E (R) D=04 57 26 R=960 50 8 01 L=83 10 N04 06 20"W 1100 TPOB 23 2424 26! 25 Parametrix LEGEND EXHIBIT A-6 TPOB TRUE POINT OF BEGINNING Olympic Discovery Trail POC POINT OF COMMENCEMENT Public Non Motorized SCALE IN FEET (R) RADIAL BEARING Trail Area for p® Parcel 902231018 0 50 100 FILE SV ODT JK WORKING 1 TE 3 15 AREA = 7,805 S F