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Home My WebLink AboutPort Townsend, City of - 1218173� :,gbv�l After recordiri&urnd ument to: City of Port Townsend 250 Madison Street, Suite 2 Port Townsend, WA 98368 TEMPORARY CONSTRUCTION EASEMENT Reference Number of Related Documents: Grantor(s): Jefferson County, a Washington municipal corporation Grantee(s): City of Port Townsend, a Washington municipal corporation Legal Description (the Property): Lots 1-8, Block 53 of the original Map of the Town of Port Townsend, Records of Jefferson County, Washington Assessor's Tax Parcel Number: 989705301 City of Port Townsend Reference: Water Street Overlay Project TIB Project Number: 3-W-151(002)-1 Work Order Number: 11OG THE GRANTOR, Jefferson County, a Washington municipal corporation, for valuable consideration, including One Thousand Dollars ($1,000) per month paid by the City of Port Townsend by check delivered to Jefferson County on or before the first business day each month during the term of this temporary construction easement, conveys and grants to the Grantee, the City of Port Townsend, its successor and assigns, a temporary, exclusive easement, over, under, in, along, across and upon, that certain land legally described as follows: See Exhibit A — Temporary Construction Easement Area (a portion of the Legal Description above, and depicted on a map Exhibit B — Construction Staging Area. ' Temporary Construction Easement Area to be used as a Construction Staging Area, along with the right of ingress and egress thereto across adjacent land of the Grantor for these purposes. The term of this Easement commences January 1, 2018, and expires (unless extended by written agreement) on June 30, 2018, or sooner if the Grantee notifies Grantor that the easement is no longer needed. This easement is granted subject to the following terms and conditions: Pagel of 3 1. The Grantee, and its contractor, will use the gate on the south side of the Grantor's property (Memorial Field) to access the stating area and will install a gravel construction entrance and running pad. A semi-permanent chain link fence (posts set in concrete) with a locking gate will be installed on the north and west sides of the staging area. The NW corner post will have a protective pad to protect athletes using the field in case they run into the corner. When Grantee is done using the staging area, it will remove the fencing and gravel and restore the field to grass. The Grantee, through its Contractor, will purchase seed through Jefferson County Parks so the seed used is the same seed the County uses on the field. 2. Any costs associated with inspection, maintenance, improvement, repair, construction, reconstruction, and improvements upon the property undertaken by the Grantee shall be borne by the Grantee. 3. This Agreement shall be binding upon the Grantors and Grantee and their successors and assigns, and constitutes a covenant running with the land. 4. Grantee agrees to indemnify, defend, and hold harmless Grantor from any and all claims, losses, costs, liabilities, injuries and/or damages (including reasonable attorney's fees) suffered by any person or property which may be caused by or arising out of, directly or indirectly, the Grantee's or its agents', contractors', licensees' or invitees', exercise of the rights granted herein, including but not limited to, claims arising from or resulting from any construction, repair or maintenance within the easement area, provided that Grantee shall not be responsible for any claims arising from the negligence or intentional conduct of Grantor, Grantor's successors and assigns, employees, agents or independent contractors. Due to the short duration of this temporary easement, no recordation is necessary. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. Dated this _.)Z�day of I-e-rv�b , 2017. (SIGNATURES FOLLOW ON NEXT PAGE) Page 2 of 3 GRANTOR: JEFFERSON COUNTY Board of County Commissioners Jefferson Cou ty, Washington By: i&� /2, 1g %,,7 Kathleen Kler, Chair By: L L=====:: Kate Dean, Commissioner /f By: David Sullivan, Commissioner SEAL: ATTEST: &6& 6d�� Caroly G�T�(iz�vc Deputy Clerk of the Boar GRANTEE: CITY OF PORT TOWNSEND David Timmons, ATTEST: Manager o A^ Joanna Sanders, MMC City Clerk Page 3 of 3 Approved as to form only: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney IC FGRM G Crtd lLc OF Clfl WNOf,'U4EY -------------------------------------------- Exhibit A Temporary Construction Easement Area Starting at the SE corner of the Property described in the Legal Description, then extending 150' along the southerly boundary of Lots 1, 3 and 5, then generally northerly and parallel to the easterly boundary of Lot 1 a distance of 50', then generally easterly a distance of 150' parallel to the southerly line of Lots 1, 3 and 5, then generally southerly along the easterly line of Lot 1 a distance of 50' to the point of beginning. T, 7' I � f tai � a � - J aO``� ` Exhibit B Construction Staging Area ! 7-* own Lk* g S Fenn m Wwd i3p' Sapp r •� ti �i ru" !q'trAl;i t4MAo4C ^PU K7 is b -{ ! lrwntrc TT - cm£WAex S ASi J� bi" ET p r nt 21. 16e CO!.E'- S � SI 627'3." 99pRM 1/�r, CV C. qj Lapn d A SOU -M Am • SMg Am EmMmov .. TW* 4 Ch2in Link Fent* w1 GM& OlM 1M D13T Sla� Pon L- 2O.iM and L-]0_IG-may A 44 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney DATE: December 12 , 2017 RE: Consent Agenda: Approval of Temporary Easement to Use Memorial Field for Water Street Construction by City of Port Townsend STATEMENT OF ISSUE: The City of Port Townsend ("City") plans to do construction work on Water Street and replace some 100 -year old water and sewer lines beginning in January 2018. The City already has let the construction contract. The City needs space for a staging area for this work, and space is available for this purpose at Memorial Field. ANALYSIS: This is a temporary measure while the City completes the construction. This use will not interfere with any of the multiple uses of Memorial Field, including sports. The City will protect the area with a chain link fence and will place a temporary pad upon the field. When the City is finished with the staging area, it will remove the fence and temporary pad. The City will then, and will then restore the staging area to its original condition. The Board of County Commissioners (BoCC) approved a similar arrangement in 2010 when the City was doing work on Madison Street. This work will benefit citizens of the County, will foster positive relations with the City, and will generate revenue for the County. FISCAL IMPACT: The City agrees to pay a fee for the temporary easement of $1000 per month, generating an additional approximately $6,000 of revenue for Memorial Field. RECOMMENDATION: Sign the attached temporary easement and forward it the City forthwith. I ( qq REVIEWED BY: Date CONTRACT REVIEW FORM CONTRACT WITH: Citv of Port Townsend t--1- i to "k CONTRACT FOR: Temporary Construction Easement TERM: Approx. 6 Months Water Street construction & Replace 100 -year old water/sewer lines COUNTY DEPARTMENT: Prosecuting Attornev For More Information Contact: Contact Phone #: RETURN TO: P. Hunsucker (Person in Dep; Philip C. Hunsucker, Chief Civil Deputy PA I X219 RETURN BY: 12/12/17 DEC 12 2017 (Date) AMOUNT: $1,000 per month paid to JEFFCO PROCESS: Exempt from Bid Process Consultant Selection Process Revenue: $1,000 per month Cooperative Purchase Expenditure: None Competitive Sealed Bid Matching Funds Required: None Small Works Roster Sources(s) of Matching Funds None Vendor List Bid RFP or RFQ Other Step 1: REVIEW BY RISK MANAGEMENT Review by: Date Reviewed: ErAPPROVED FORM n Returned for revision (See Comments) Comments Approved draft on 12/8/17. See attacliPemail. Step 2: REVIEW BY PROSECTNG ATTORNEY Review by: P p ' ip C. Hunsucker, Chief Civil DPA Date Reviewed: 12/8/17 ❑X APPROVED AS TO FORM F-1 Returned for revision (See Comments) Comments A/vcc.,aA,9,0LAe..P 41r� ALsJ. Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 6 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:40 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)