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Home My WebLink About021119_ca04 Department of Public Works O Consent 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 Agenda Date: February 11th, 2019 Subject: Restrictive Covenant for Memorial Field Tree Removal Project Statement of Issue: Neighbors adjacent to the west corner of Memorial Field have requested the removal of seven invasive Black Locust trees. The trees are located on Jefferson County property on a steep-slope designated as a critical area by the City of Port Townsend. Jefferson County is required to grant a restrictive covenant to the City of Port Townsend as part of the critical area permitting process. The covenant requires revegetation and monitoring of the slope; and contains assumption of risk, hold harmless, and indemnification clauses. Analysis/Strategic Goals/Pro's Ft Con's: The purpose of this project is to assist the neighbors in improving their view. Jefferson County also benefits through increased sun on the athletic field grass and reduced tree maintenance costs. The native plants that will be installed as part of the project will provide more beneficial habitat thatl the invasive Black Locust trees. Fiscal Impact/Cost Benefit Analysis: The adjacent property owners are paying for 100% of the costs of the project including permitting, invasive tree removal, and restoration of the site with native plants. Jefferson County is in charge of project implementation. Recommendation: Approve the restrictive covenant, and return three signed copies to Public Works. Department Contact: Matt Tyler. 385-9129 Rev'- R-d y: #1,44. l 7 = ip Mor Sounty Administr for Date c Memorial Field Trees to be Removed 401t--.,.. ,-., , -- ,Iriv..4... ., . 4, ..,-'k',-. „:.:-.4vAtkV;t_ i''P'1*'; ' . 0 -- '- - ' ' ' - -.**'(' '' .''' , ._ tok. 1 I t / e. r /ILI* 4 _, ,I ,",,,,,,,, --'',.`' '*44.*1*' lis 44 o' i'' origst. /,i "i-s-,>.- ,; , - . ..,; .:„l ..vim 9Iplri�, �� . ,._ - -. a � ,N ,op t4 7� Ik\ 'or ,4a,i .Iy Ng. `1, .., ^ +r' .. C^s , i ----\ 6 ', t qy -'t.,....:---..;t.., .,.•••••---.,.:k_. Y^4fia ' t L ,.{.+i � jY 4, ; s 'qIy f''''-''''''''' 4 . ' . . 1 •, . . r 1 —' r ._ • rif tripiw„anis, 0\ 00„,,iip ,,,N . ,§0.- :- --- .; , \\„. „ ...„ . ,fr, . a1 17 d; '# ( _- • ssi max; S ,.` / , mt n.... blrra_I".' • B7an� e ` \ '� • . ar3 ''''' 14114*%41111 - . 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" / 1 , %- Entrance i' # ,, ''...,.\\,\ i ‘,, . . ..;?0# rcis tiii,„00 40., ,,i , ih, .,.. ‘ trtii,..,,,,,,,,I . it tiffiv,04.,,," trt--.-",'.'-_ 47*,,,,--,"1.,„:,"1,\:\;:t\-:'. 11°7-, ..\\..1.:1: -,;,-,_'...Iv-- --:74.,:„.."'::,,,, . , „,46,1'....--elk P..„1-::'"::-.:,,'.1'lifr:''''' ....*,‘ „ ' Jefferson County Memorial Athletic Field Site Inventory and Survey Development Services Department City of Port Townsend 250 Madison Street,Suite 3 Port Townsend,WA 98368 RESTRICTIVE COVENANT Grantors: Jefferson County, a Washington municipal corporation Grantee: City of Port Townsend, a Washington municipal corporation RE: Critical Areas Permit No. LUP17-104 Clearing and Grading Permit No. GRD 18-004 Minor Improvement Permit No. MIP 18-026 Jefferson County Assessor's Parcel Nos. (APN) 989-705-301 and 989-709-104 This RESTRICTIVE COVENANT is entered into on this day of , 2019, by Jefferson County, a Washington municipal corporation whose mailing address is PO Box 1220, Port Townsend, WA 98368_("Grantors") and the City of Port Townsend, a Washington municipal corporation ("Grantee"). Abbreviated Legal description/Property Address: Grantors are Owners of the following described real properties located at 550 Washington Street, Pt. Townsend, WA 98368: Parcel A: APN 989-705-301 Lots 1 through 8 in Blocks 53 and 54 and Lots 1, 3, 5 and 7 in Block 92, Port Townsend Original Townsite together with that portion of vacated Jefferson and Madison Street which would attach by operation of law. Parcel B: APN 989-709-104 That portion conveyed in the deed to Jefferson County recorded February 5, 1953, under Auditor's File No. 136370, more particularly described as follows: Beginning at the intersection of the centerline of Jefferson Street with the Easterly line of Quincy Street;thence North 59 degrees East, along the centerline of Jefferson Street, a distance of 256.5 feet to the centerline of Madison Street; thence North 31 degrees West, along the centerline of Madison Street, a distance of 67.0 feet; thence South 28 degrees 45' West, a distance of 23.0 feet;thence South 47 degrees 30' West, a distance of 241.5 feet, more or less,to a point on the Easterly line of Quincy Street,North 31 degrees West, 8.0 feet distance from the centerline of Jefferson Street; thence South 31 degrees East, along the Easterly line of Quincy Street, a distance of 8.0 feet to the Point of Beginning. In consideration of Grantee's issuance of Critical Areas Permit LUP17-104, Clearing and Grading Permit GRD 18-004 and Minor Improvement Permit MIP 18-026 (the"Permits"), and the conditions contained therein, Grantors acknowledge, covenant, and agree as follows: 1. Grantors agree that the above property contains a geologically hazardous area as defined in the City's Critical Area Ordinance ("CAO"). The property and any future development upon it is subject to the provisions of Chapter 19.05, Critical Areas, Port Townsend Municipal Code(PTMC)and limitations on action in or affecting such critical area or its buffer may exist. 2. Grantor agrees to limit the invasive and/or noxious vegetation removal within the steep slope critical area to the locations reflected in plans incorporated into the Minor Critical Areas permit on file with the City. Grantor acknowledges the vegetation removal is subject to a series of permit conditions which include, but is not limited to,revegetation of the site consistent with an approved landscaping plan and monitoring of the revegetation effort for success. 3. Grantor agrees to make no further expansions to or addition of any structures or impervious surfaces on the property or to undertake any additional vegetation removal without prior review by the Grantee for conformance with the Critical Areas Ordinance codified in PTMC 19.05 and any other applicable laws and ordinances. 4. Grantors, as their free and voluntary act, accept and assume all risks of loss or damage arising out of the conditions described herein, and further agree to defend, indemnify and hold harmless Grantee, its officers, agents, and employees, of any liability for approval of the development and the engineering design of the development. 5. Grantors agree to and shall defend, indemnify hold and harmless Grantee, its officers, agents, and employees, from and against any and all liability, loss, claims, suits, damages, costs or expenses(including attorney's fees)that may at any time arise or be set up because of reduction in value or damage to property or personal injury by reason of the conditions existing now or hereafter on or around the property, or due to any construction or development or design pursuant to the critical area permit or any building or other development permits issued thereunder. 2 6. This Covenant shall constitute a burden upon, and run with,the real property described in this Covenant. Grantors agree that all of their representations in this Covenant shall be binding upon Grantors, Grantors' heirs, successors and assigns,and shall run with the land described in this Covenant. 7. The Grantors shall record this Restrictive Covenant with the Auditor of Jefferson County, Washington, and shall return the conformed original to the City. 8. This Covenant shall not be revoked or amended without the consent of the City of Port Townsend. THIS Restrictive Covenant is in effect as of the day and year first written above. GRANTORS/OWNERS JEFFERSON COUNTY WASHINGTON Board of County Commissioners Jefferson County,Washington By: Kate Dean, Chair Date By: Greg Brotherton, Commissioner Date By: David Sullivan, Commissioner Date SEAL: ATTEST: Carolyn Galloway Date Deputy Clerk of the Board Approved as to form only: 0 e Philip C.Hunsucker Date Chief Civil Deputy Prosecuting Attorney 3 STATE OF WASHINGTON ) )ss. COUNTY OF JEFFERSON ) I certify that I know or have satisfactory evidence that Kate Dean, signed this Restrictive Covenant and acknowledged it to be their free and voluntary act for the uses and purposes mentioned therein. DATED this day of ,2018. Print name: NOTARY PUBLIC in and for the State of Washington,County of Jefferson,residing at My commission expires: . 4