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HomeMy WebLinkAbout023 19 cc. �uO ot),,A 5111c1 STATE OF WASHINGTON COUNTY OF JEFFERSON In the Matter of a Resolution to Construct Roads and Utilities on a ) Resolution No. 23-19 Portion of Public Right of Way Known as Cleveland St. WHEREAS, an application to construct roads and utilities on public right-of-way has been submitted by Mike and Linda McCutcheon for the purpose of developing a home on Lot 40 within the Plat of Portage Bay Park, and WHEREAS,said development will require opening approximately 420 feet of Cleveland St., and WHEREAS,the Revised Code of Washington (RCW) 36.75 and 36.80 places the supervision of right of way, including the development of road standards, under purview of the County Engineer,acting under the supervision and authority of the Board of County Commissioners, and WHEREAS,the applicant has proposed to construct roads to a standard less than what would be required for public roads,and WHEREAS,the County Engineer has examined the right of way and the existing road system and the potential for future development and recommends that this request be approved provided the standards described in the County Engineer's report dated February 25, 2019 are followed,and WHEREAS,the applicant will be responsible for the maintenance of this section of roadway and it is understood that the County will not be responsible for maintenance of this section of roadway and that it will not be added to the official County Road log until such time as the road is improved to public road standards and added to the County Road Log through Board action, and WHEREAS, in lieu of requiring the road to be constructed to full public road standards at this time,the applicant will be required to sign a no protest agreement waiving rights,except as to the method of assessment,to protest formation of a pro-rata cost sharing arrangement such as a Road Improvement District(RID)should it become necessary in the future to upgrade this road,whether proposed by petition or a resolution of the Board of County Commissioners, NOW,THEREFORE BE IT RESOLVED,that applicant shall be granted permission to open the following right of way: Cleveland St.from SR116(milepost 2.55 right) running south from the end of the existing segment of road, which is approximately 275 feet from SR116,for a total distance of approximately 420 feet to the end of Lot 40. BE IT FURTHER RESOLVED,that roads shall be constructed in general conformance with the standards recommended in the County Engineer's report dated February 25, 2019. BE IT FINALLY RESOLVED,that prior to performing construction the applicant shall receive any and all necessary permits including a permit from the Department of Public Works specifying any conditions that will be required by the County Engineer to insure that said standards are met and that the applicant shall pay any inspection costs incurred by the Public Works Department to insure that these standards are met. 4�L ADOPTED this Lt% day of '221 , 2019. JEFFERSON COUNTY BOARD OF COMMISSIONERS Kate Dean,Chair i1 _ „0/ 10 epi+ s' David Sulliv. • k em•-r • Greg Brotherton, Member } A oved asp f r�� '�// ATTEST: '�v � � �+ / Date: .� � Philip C.Hunsucker,Chief Civil Deputy Prosecuting Attorney Jefferson County Prosecuting Attorney's Office rte l j /. � �Z—t :/ 1. �Lsze[ 1 Clerk of the Board Department of Public Works 0 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: May 6, 2019 Subject: Open Right-of-Way Request - Portion of Cleveland St. Statement of Issue: Public Works has received an application to open a portion of platted Cleveland St. for approximately 420 feet for access to property for development of a single family home. Analysis/Strategic Goals/Pro's Et Con's: The proposed area of right-of-way to be opened is located within the Plat of Portage Bay Park. This road is not proposed to be a County Road, therefore the County will not be responsible for maintenance should this request be approved. Fiscal Impact/Cost Benefit Analysis: There will be no cost to the County for maintenance or construction should this right- of-way be opened. Recommendation: Per RCW 36.80.030, the County Engineer shall have the supervision, under the direction of the Board of County Commissioners, to prepare standards for opening County right-of-way. Therefore, Jefferson County Public Works recommends approval of this application to open a portion of platted Cleveland St. for approximately 420 feet, as outlined on the attached Engineer's Report. The Board is asked to sign the Resolution and return to Public Works. Department Contact: Terry Duff 360-385-9159 Reviewed By: � . 5 3/q Philip Morley, Co ty Administrator Date Vicinity Map Not to Scale Site for Open Right of Way skunK Island • • 9 Page 1 of 7 Jefferson County Public Works Department County Engineer's Report Open Right-of-Way Portion of Platted Cleveland St., Portage Bay Park This Report is in response to an Open Right-of-Way Permit application (Exhibit A) submitted by Mike and Lynda McCutcheon. The intent of the County Engineer's Report is to evaluate and provide preliminary design parameters/criteria to facilitate the appropriate design of the project. After agency approval of all documents required by this report the applicant shall be issued a permit by the Public Works Department. PROJECT DESCRIPTION Plat name: Portage Bay Park Road/Street Name: Cleveland St. Adjacent to: Lot 39 &40 within Portage Bay Park Distance:Approximately 420 feet (mile post 0.05 to mile post 0.13) Sections 1,Township 29 North, Range 1 W The road is not proposed to be a County Road (Exhibit B =Site Plan). EXISTING CONDITONS This section of platted Cleveland St. has been used in the past as a trail and has not formally been opened although it appears to have some use as the area is cleared of brush and trees. The project area is currently zoned RR1:5. There are no mapped environmentally sensitive areas. Access to this segment of Cleveland St. right-of-way proposed to be opened (subject ROW) is a continuation of an existing segment starting at SR116 mile post 2.55 right. The right-of-way to be opened will run south from the end of the existing segment of road, approximately 275 feet from SR116, a total distance of approximately 420 feet (mile post .05 to mile post 0.13), ending at the south boundary of Lot 40. There is no legal access at the north end of the County road known as Cleveland St. since a portion of the roadway would have to cross private property. DESIGN STANDARDS Roads shall be constructed to the County's adopted County Road design standards: • American Association of State Highway and Transportation Officials (AASHTO) Policy on Geometric Design of Highways and Streets (most current version), • Washington Department of Transportation (WSDOT) Design Manual and Standard Specifications for Road, Bridge and Municipal Construction, • Jefferson County Unified Development Code JCC 18.30.060 Grading,JCC 18.30.070 Stormwater, and JCC 18.30.080 Roads. Page 2of7 Based on proposed use, projected ADT of less than 100, and no potential for through traffic,the typical section required will be for a Local Service Road which has a 20 foot wide unobstructed width with 14 feet wide traveled way. See Exhibit C. RIGHT-OF-WAY Platted right-of-way width: Sixty feet is the AASHTO recommended ROW width in rural county areas. The current ROW width as platted is 30 feet. This width appears adequate in this case, however additional ROW width could be provided as necessary to accommodate proposed improvements. Right-of-way centerline location Roadways shall be constructed on the right-of-way centerline unless this is not practical due to topography, environmental conditions (e.g., wetlands, water bodies, unstable slopes), or transitions to existing roads. Prior to construction,the right-of-way centerline shall be staked by a licensed professional land surveyor or located in the field based on existing intersection monuments or property corners set by a licensed professional land surveyor. DESIGN SPEED Speed limit may be less than 25 This is a privately maintained dead-end road on public right-of-way, and no posted speed limit is required. DESIGN TRAFFIC VOLUME There are five residential parcels that would use the subject ROW, one has an existing residence. The projected Average Daily Traffic (ADT) per residence is 10 trips per day. (This projected ADT may be decreased with the concurrence of the County Engineer). SIGHT DISTANCE Sight distance is not a consideration with this application since it is a continuation of an existing road segment originating at SR116, mile post 2.55 right. The Applicant has stated they have been in contact with WSDOT regarding the use of this approach and any required improvements. ROADWAY CONSTRUCTION PLANS The proponent shall construct the roadway to the minimum standards depicted on the Typical Section shown in Exhibit C. The proponent shall submit road construction plans prepared by a licensed civil engineer to the Public Works Department for review prior to commencing construction. Page 3 of 7 Road Construction Plan general requirements Road plans shall meet the following general requirements: • Be prepared by a licensed Washington state civil engineer; • Include a plan view and a profile view; • A scale of 1 inch = 50 feet or less; • Depict the typical section; • Depict project limits; • Depict right-of-way centerline; • The design shall accommodate both existing and future lot access and utility service. Plan View The plan view shall at a minimum depict: • Horizontal alignment of the proposed centerline at 50 feet stations; • Horizontal curve data; • Cut and/or fill slopes; • Intersection design; • Drainage facilities: Existing and proposed, including culvert size, length, and material; centerline station and elevation; slope, and skew angle; • Stormwater management facilities; • Utilities: Existing and proposed, both above and below ground; and • Any existing or proposed features that would be affected by the proposed road construction,whether in or outside of the right-of-way. Profile View The profile view shall at a minimum depict: • Existing elevations and proposed finished grades at 50 feet stations; • Vertical curve data; and • Drainage facilities. MINIMUM STRUCTURAL SECTION Privately-maintained roads: Minimum 6 inches compacted gravel base and a minimum 2 inches compacted crushed surfacing may be allowed based on review by Public Works. A thicker structural section may be required based on roadway function or site soils.An alternative structural section may be proposed based on analysis by a licensed civil engineer. All materials used in the construction of the structural section shall meet the requirements of the WSDOT Standard Specifications for Road, Bridge and Municipal Construction. SURFACING Privately-maintained roads:An improved roadway surface (asphalt or bituminous surface treatment) is not required. Page 4 of 7 MATERIALS TESTING Privately-maintained roads:The applicant shall be responsible for ensuring that materials and construction methods conform to WSDOT Standard Specifications. At its discretion,the Public Works Department may direct replacement of materials that clearly do not meet specifications or require testing of materials that appear not to meet specifications. CROSS SLOPES Local Service Roads and Rural Access Roads shall either be crowned at the centerline with -2% cross slopes or have a continuous-2%cross slope from shoulder to shoulder. ROAD GRADE Privately-maintained roads: • Road grades shall not exceed 12% require review without prior approval by the appropriate Fire District. • Roads grades exceeding 12% may require an improved roadway surface,either hot mix asphalt (HMA)or bituminous surface treatment(BST). • Road grades shall not exceed 15%. INTERSECTION DESIGN The proposed road is an extension of an existing road and will terminate at or near the access to the Applicant's parcel. Therefore,there are no new road intersections within this project. EMERGENCY TURNAROUNDS • Turnaround areas shall be required and shall conform to the Public Works Department's adopted design standards. See Exhibit C. HORIZONTAL CLEARANCE TO OBSTRUCTIONS For roads with a posted speed limit of 25 MPH or less, a 10 feet wide clear zone shall be maintained between the edge of traveled way and any obstructions. The speed limit of this roadway may be less than 25 MPH, and, since the total platted right-of-way width is only 30 feet, and the road design calls for a 20 foot wide unobstructed width with a 14 foot wide traveled way, any obstructions shall have a clear zone which shall extend to the right-of-way/ property line. UTILITIES Utility installation shall meet the requirements of the Jefferson County Code, Chapter 13.56 Utilities. Jefferson County PUD#1 submitted a permit application for installation of electrical service. See UTL18-00066. This utility permit was issued after installation of the conduit and vaults for power service. The installation shall meet the conditions of the utility permit. (See Exhibit H). Page 5 of 7 STREET LIGHTING No street lighting is required. If the Applicant desires to install a street light, all costs associated with the installation and maintenance are the responsibility of the Applicant and shall be coordinated with the Jefferson County PUD#1. DRAINAGE, EROSION CONTROL,AND STORMWATER MANAGEMENT The Jefferson County Unified Development Code,Section 18.30.070 Stormwater Management Standards adopts the standards of the Washington Department of Ecology Stormwater Management Manual for Western Washington (most current version). A Stormwater Management Permit is required for projects that exceed 2,000 square feet of impervious surface or 7,000 square feet of land-disturbing activity. See Exhibit E for comments from the Department of Community Development. The proponent shall contact the Jefferson County Department of Community Development to discuss permit requirements and application procedures: Jefferson County Department of Community Development 612 Sheridan Street Port Townsend,WA 98368 (360) 379-4450 ROAD APPROACHES Road plans shall depict existing and proposed road approaches (Exhibit D). Approaches shall be an integral part of the roadway and constructed at a locations acceptable to the parcel owners. MAINTENANCE AND NO PROTEST AGREEMENT A Road &Stormwater Facility Maintenance Agreement is required for this facility on a public right-of-way. Any privately maintained road and stormwater facility on public right-of-way shall be maintained at the owners expense and as outlined in the Road &Stormwater Facility Maintenance Agreement. See Exhibit F for this Agreement. A No Protest Agreement is required for a privately maintained road on public right-of-way A No Protest Agreement is required for any privately maintained road on public right-of-way. The applicant has applied for a permit to construct a privately-maintained gravel roadway on public right-of-way. The County Engineer has recommended that this request be approved. It is recognized that this private road does not meet current County road standards for a public roadway which would require a wider roadway with an asphalt paved or bituminous surface. In consideration of the County agreeing to waive the requirements to construct to full public road standards,the Grantor must also enter into an agreement with the County not to protest the formation of a Road Improvement District (RID) or other pro rata cost sharing mechanism to improve the roadway in the future should improvements become necessary whether proposed by petition or by resolution of the Board of County Commissioners or by both petition and Page 6 of 7 resolution. The Grantor(s) further agree to join in any proposed petition for such road improvements. See Exhibit I for a No Protest Agreement. ROADWAY CONSTRUCTION DOCUMENTATION,CERTIFICATION,AND MONUMENTATION Construction Documentation The applicant shall provide the Public Works Department with complete road plans in electronic format to scale on 11x17 inch paper. Following completion of roadway construction,the proponent shall submit to Public Works complete "As-Built" or "As Constructed" record drawings. The drawings shall reflect any changes made to the original design. The proponent or designee shall keep detailed records of the as constructed locations of all surface and subsurface facilities to be included on the record As-Built or As-Constructed drawings. Construction Certification Certain items will need to be inspected during construction of these roadways. These requirements will be identified once complete plans have been submitted to Public Works for review. Following completion of roadway construction the proponent shall submit to Public Works a letter, affixed with the professional stamp of the Engineer of Record, certifying that the roadway and stormwater management facilities have been constructed in accordance with the design plans and specifications and all applicable federal, state and local agency requirements. PERMIT This report is not a Permit. After the review and approval of all documents, plans, and/or reports required by this report and prior to initiating construction,the applicant shall be issued a permit by the Public Works Department. This Permit specifically outlines the arrangement between the applicant and the County for work on public right-of-way by the applicant. The Permit will specify insurance and bonding requirements, general provisions, and other requirements that are applicable for work to be performed in County rights of way. A sample copy of a Permit is attached as Exhibit G. OTHER PERMITS Other permits and/or environmental review may be required for this project per Jefferson County Unified Development Code(UDC). Any questions concerning the necessity of other permits and/or environmental review and the processes should be directed to the Jefferson County Department of Community Development, 612 Sheridan Street, Port Townsend,WA 98368, Phone (360) 379-4450. Page 7 of 7 RECOMMENDATION: Public Works recommends that this request to open County right-of-way to the standards and requirements listed above be approved. Once completed,this road will be privately maintained and not become part of the County road system. �--� / 77// rpt ein rs, P.E. D e Pu orks Director/County Engineer JEFFERSON COUNTY BOARD OF COMMISSIONERS ACTION (See attached Resolution) Exhibit A N .s JEFFERSON COUNTY 1r7/4r,� APPLICATION FOR OPEN RIGHT-OF-WAY PERMIT 1 i Office use only Jefferson County Permit# I ,� t,.1 4 j' Department of Public Works Receipt# ,jt.47 623 Sheridan Street Check# t„2..,...,-7 Port Townsend,WA 98368 Date Paid s .Y t` i 360-385-9159 Fee for 2018 $896.00 Payable to Jefferson County www.cojefferson.wa.us Additional fees will apply per Ordinance 02-0312-12 ANT INFoRmAnoiki Property Owner of Record: Mike and Lynda McCutcheon Telephone: 214-864-1613 Fax: Email Mailing Address: 314 Hopewell Dr. McKinney Tx 75071 Applicant/Agent(if different from owner): Telephone: Fax: Email Mailing Address: hioxicitimmematoitt Purpose for request to Open Right-of-Way: Access landlock land for a residence Name of road/right-of-way to be opened: Cleveland St. Total distance(length)of right-of-way to be opened: 100 FT Parcel number(s)of your property: 989100026,989100039,989100040 Name of plat where the road is located: Portage Bay Park Book 3 of plats pg 26 Attach any Recorded Surveys(list volume and page numbers): Document ID# 1604025, 1727473, 1727474, 1727468 Nearest Cross Street: Flagler Rd Other development permits associated with this request.For example,septic,building,stormwater: Septic Permit Will you be installing any utilities within the right-of-way? Please attach a site or plat map which identifies the right-of-way to be opened and the parcels you own. The site map should include the following information: • Cross street access point • Access location to Applicant's property/properties • Scale DESMATION CIF ALM I hereby designate to act as my agent in matters relating to this application for permit. Owner Signature Date ACKNOWLEDGEMENTS By signing the application form,the undersigned Applicant attests that the information provided herein is true and correct to the best of his/her knowledge and agrees to all conditions on the ermit.The Applicant also certifies that this application is being made with the full knowledge and consent of all owners of the affected property.Any mat tal falsehood or any omission of material fact made by the Applicant/Owner with respect to this application packet may result in this permit being null an void. 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I, T. 29 N., R. / W, WM., JEFFERSON COUNTY, WASHINGTON FOR:LINDA AND MIKE McCUTCHEON CORNER FALLS IN CENTER OF 38-INCH HEMLOCK TREE MONUMENTS*ERE SET ON BOTH ME NORTH AND EAST LINES 10 FEET FROM TRUE CORNER POSITION. /FLUE UNE Cr SHED S 895178'E 389.88(M) 0 15 9098(M) `` 9998(M) 84.97(M) Ill 74.97(M) V.FOUD MONUMENT BEARS S OW 25 48'E 7000(M) JO 048 FEET FROM CALCULATED THEORETICAL POMMY(NOT ACCEPTED). 13-INCH DIAMETER 1.911175 OF STACKED DIMENSIONAL LUMBER WATER VALVE LD� a AND OTHER 17E115 OYEAGRO*N WTH VEGETATION. EASTERLY f9111 y ® a ;BIRD i BEARS 08 FEET/ '� 1 WEST Cr BOUNDARY LINE yV / , 1;75 FOOT MDL DIRT IRAN. `\ S 895T6'4 E 38096(M) I I `1HE MONUMENT SET BY A WOOD SHOWN ON BOOK 12 OF SURVEYS PAGE 238 WAS FOUND UN-EARTHED. 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SI T29N R1W (UA) MEASURED DIMENSION POR TNS SURVEY SHEET2OF3 NOT TO SCALE AUDITOR'S CERTiFlCATf `� '- SURVEYOR'S CERTIFICATE G�� SURVEYING -_ FRE)FOR RECORD THIS R27T QAY OF Oc tobu ,2017 e, VP THIS MNP CORRECTLY REPRESENTS A SURVEY MADE 8Y ME OR UNDER T • 703 EAST EIGHTH STREET AT 1L'.S10A AL IN BOOK 3l OF SURVEYS AT PAGE.396''Ia CIM_MY DIRECTION IN CONFORMANCE WWII TIE REQUIREMENTS OF THE PORT ANGELES, WASHINGTON 98362 - Ar THE REQUEST OF$0140120 91RVEYINO AND MOPPING CO. , SURVEY RECORDING ACT AT THE REQUEST OF UNDO AND MME •ia (360) 457-9600 : I@���"/ j�pf�� \� �/JJ MRCUICHEON IN SEPTEMBER.2017. .f COUNrl CD1TOR _e�//L_ FAX (360) 457-9556 S ANd1DKs FILE NUMBER____.,�I��Q51 0 �GLER/R.LS. 26304 ._.-. www.wenglersurveying.corn DATE:10-20-2017 811851 V: 37 P: 398 P9:1 of 3 SURV 9/23/2117 00:0 AW 8156 30 AR�0871Glel'arson County � w Ras* 40 1101. out 'i .14.M10.UM114.1i11 11111 RECORD OF SURVEY LOTS 40, 4/AND 42 OF THE PLAT OF PORTAGE BAY PARK (B00/( 3 OF PLATS, PAGE 26) WITHIN GOVERNMENT LOT 2 (SE 1/4 OF THE SE 1/4) OF SEC. I, T. 29 N., R. / W, W.M., JEFFERSON COUNTY, WASHINGTON FOR. LINDA AND MIKE McCUTCHEON PIAT MONUMENT IMiFASECMIAI OF DE EAST UNE 32'THE PLAT AND 1 8 8 O NE C 41FR11NF OF/AMR SDMFi (P) OIMENSION PER BOOK 3 OF PLATS.PAGE 26 RECORDS OF JEFFERSON COUNTY.WASHINGTON 2 Z FOUND:ON 9-28-2027•A 11/1-RICA 10150E 02490135 IRON PIPE SET PER BOOK 3 OF pi yI PUTS PAGE 29 RECORDS OF,EF'P35 2021175,WASHINGTON 5.810 IRON PIPE HAS A • y 1/2-INCH R3BAR RI7N A SURVEYOR'S PLASTIC 138391 iCA710N CAP STAMPEDS 'BREWER 3697r F F tl SET IILSIOE AS SHORN U BOOKO:9/5407'3 PAGE WE RECORDS OF SAID COUNTY. b., TRPS MONUMENT HAS BEEN ACCEPTED AS IE1E OMIKNAL PU7 NOWI/METl7 Mw LEGEND 9 AROIED FOR AND A„�;ATM FOUND ON� ;� g e P097708 CALCULATED AND SINGLE PROPORTIONED POSI7IDN. (N) MEASURED OIM029OI PER THIS SURVEY (C) CALCULATED 99099ON PER DNS SURVEY _ - 107.�a� 30 1_=100' �' BT 0 50 100 200 Vr•liniiidi E.yee6512-/- BSI ctrl $ SCALE IN FEET GC-- eeg5Sj Q1 r*,'9 Q'' m'- E e 6o1 - Lu •�' ++ d-141 ...---'' ++� z z %J' V) to z 5 8 8 (ENIFRI01F PIAT MONUMENT /' AO 0) 8 8 4i.4w CI FOUND:ON 10-2-2017,A 1 1/4-INCH aT90E DIAMETER IRON PIPE - + 44 z z 4 m SET PER BOOK 3 OF PLATS PAGE 25 RECOA.S QF JEFFERSON COUNTY, / Va. 8 8 . 2 Q 2 Z WASHINGTON.SAID IRON PIPE HAS A 1 1/2-INCH BRASS CAP 11174 - }� z p E r 39 8 LI 4 8 DIMPLE AS 91010/LW BOOK 27 OF 91RVEY8,PAGE 60 RECORDS OF I' 8+ 35 w W SAID COUNTY.DOS MOIUUENT HAS 9EF7N ACCEPTED AS DIE ORIGINAL ,y 34. u' i E P.N PLAT NON/NEP7T. �' 5�' t1Ll z Z ?`( 3 7 {r{ �'o iF I Sw `L J � ;5'6 4 4 4 x 36 _- > oti "� �g s $1 35 a c m Ss.0 4[ 34 1 sal 84s ^^I 4 m m v u m- yyy h 5, ' 166.83(P) 13000(P) 10000(P) 10900(PP) 8500(pp) 88.00(P) CFNIPRI INF RAT MO N ME T y I89.6J(M) 129.84(M) 99.98(M) 99.98(M) 84.97 04 84.97(9) FOUND.'ON 10-2-2017.A 3/4-INCH OUTSIDE DIAMETER IRON .15 h S 8950'50'E 296.83 P PIPE SET PER BOOT 3 OF RATS PAGE 26.RECORDS OF 'I () S 895036'E 37900(P) JEFFERSON COUNTY.WASHINGTON.SAID IRON PIPE HAS A '�'�' h 5 8851'36'E 28G47(N) S 8951'38'E J89.89(IN) 5/8-LHON RE9AR NUN A 91RYEttW'S PLASTIC IDENTIFICATION Q a' is,5. 5.•10 CAP STAMPED'A WOOD PLS 23911'5E7 INSIDE AS SHORN ON 2 8S . _ BOOK 12 OF SURVEYS PAGE 236,RECORDS OF SAID COUNTY. z.m 44 8a 40 'g g -__ THIS MONUMENT HAS BEEN ACCEPTED AS THE ORIGINAL PLAT , --__- NOW/NEXT. / b �� aa y �i 68),�(C) S 895050'E 321.25(P) $8950'50'E 370.00(P) N ii7 w__ANGENT,30 S 8952'48'E.20.98(M) ..i11 z S 8952'48'E 389.96(M) °� • 39.08 9) ;s'8 Ci L'i q k i >' O-ortrer 8 2 8$ 4 1 aa N I R-911.50' 45 yg F a N 1_115.03'(MAP) , N N / S 895050'E.2298(P) S 8950'30'E 37000(P) N N. DELTAe2953W I S 8952'26'E 35294(M) S 8952'28'E 370.05(M) N N 139.178 L.50'(CC))/ Nqi. rg o N 4-977.55' 8 y Z C(0430B AY OF COUNTY ROAD 5-911.80' 46 8 8 42 8 \ NA' (ON(8AY-NOLfO�NOTE ROAD) L-ifil17Y(MEP) VY N 8w. $8950'40'E 411.96(P) $8850'89'E 370.00(P) 4 � � / S 8951'49'E 41215(N) S 8951'49'E 370.15(LN) �'' / 0m1171T51' .. 5 8 N UID718.�(NEP) 4 7 g a 43 g g$ SII tb _ 565 J al // J2100(C R N)-.\\ 30 \ No/ 3796(M) 505.88(M) 370.24(9) S 8950'50'E 944.09(9)BASS OF BEARINGS L20TFRIIN0 RAT MONUMENT 5 89430.50'E 913.87(P) FOUND:ON 10-2-2017.A I-INCH 057008.512_2=5L5_852-7.....r..29-11...1.1_E....1515 51r0d 1 AND 12.E 29 N R!f F WLL INSIDE DIAMETER IRON PIPE SFT PER FOUND:ON 9-28-2037.A 4-INCH X 4-1804 CONCRETE MONUMENT SET IN JUNE 1948 BOOFOK 31 OF PLATS.PAGE 26,RECORDS. BY JEFFERSON COUNTY IB-INCHES ABOVE AN CASTING SANDSTONE MONUMENT'SO COR. THIS JMOEUMEN COUNTY.B /4 ACCEPT N. TAXA 1710 HAS BAET MAY BE FOUND MORE RES OF THE ADILY'AS SHORN ON MONUMENT ENT.NORECOVERY SHEET FOUND IN THE Si T29N RiW AS 771E ORIGINAL FIAT MONUMENT DIRECT LINK COULD BE FOUND MONUMENT COUNTY GOWONAL R000NPOST SET BY US DEPUTY SURVEYOR'S CARLTON AND BERRY IN 1857.ALL 380080E SURVEYS HAVE ACCEPTED 13115 POSITRON. SHEET 1 OF 3 X NOT 70 SCALE C 41, AUDITORS CERTIFICATE ® O C SURVEYOR'S CERTiFICATE SUR G MAPPING CU --% na ATFRED FOR RECORD RNs RZ3 DAY OF Oc-Dber J 2017 ,2, 46V THS AMP CORRECTLY REPRESENTS A SURVEY MADE 82'ME OR UNDER ,!� 0 703 EAST EIGHTH STREET AT 4'SIPA M.IN BOOL 31 OF SURVEYS AT PAGE>i'IGD A MY DIRECTION IN CONFORMANCE HRH THE REQUIREMENTS of THE fil2''i. PORT ANGELES, WASHINGTON 98362 W AT THE REQUEST OF*EWER SURVEYING AND MAPPING CO. SURVEY RECORDING ACT AT THE REQUEST OF LINDA AND AMIE 7 ze6D4 o M CIRCHEON IN SEPTEMBER,2017 ,� (360) 457-9600 DEP�E FY 6iff3 �UOI70R- �0 Leo- C___ �' FAX (360) 457-9556 °o M1011OR'S FRF NUMBER 1811105/ lb 66 ES WEN P.LS. 26304 ._ WWW.wenglersurVeying.corn DATE:10-20-2017 611651 V:37 P:400 Po:3 of 3 SIM I0/2I/ZOI7 09:5 6410;166.00 45951.01 SIRVEYI e nrn Carnal 1 .01 tor r.1 FAUNA NhILIKIN ll I RECORD OF SURVEY L 0TS 40, 4/AND 42 OF THE PLAT OF PORTAGE BAY PARK (BOOK 3 OF PLATS, PAGE 26) WITHIN GOVERNMENT LOT 2 (SE 1/4 OF THE SE 1/4) OF SEC. I, T. 29 N., R. / W, W.M., JEFFERSON COUNTY, WASHINGTON FOR:L/NDA AND M/KE MCCUTCHEON NOTES I.J THE BASIS OF BEARINGS USED FOR TIES SURVEY IS ASSUMED S 66'50'SO'E BETNEEN THE CIONERENE RAT MONUMENT FOUND AT THE INTERSECTION OF THE COUNTY ROAD(OAK BAY NOROLAND ROAD)AND THE SOUTH UNE OF THE PLAT OR PORTAGE BAY PARK AS RECORDED IN BOOK 3 OF PLATS PACE 26 AND THE MONUMENT FOUND AT THE CORNERS F SECTIONS 1 AND 12.TONNSHIP 29 NORTH. RANGE 1 NEST AND SECTIONS 6 ANO 7 OF TORNSHIP 29 NORTH.RANGE I EAST W.M.,J YUOUON COUNTY WASHINGTON AS SHOW HEREON AND ON SAID PLAT OF PORTAGE BAY PARR ALL MEASURED DISTANCES ARE MXMZONTAL GROUND DISTANCES Z)THIS SURVEY WAS PERFORMED BY NELD TRAVERSE USING A 5 SECOND TOTAL STATION.ESA EOWPMENT WAS CAUBRATOO ON 6-08-2017 AT THE NGS BASELINE IN PORT ANGELES ALL TERRESTRIAL MEASUREMENTS AND TRAVERSES HERE PERFORMED AND ANALYZED TD FERNY MAT THEY EXCEED RIE RECURSIONS OF CHAPTER 332-130-090(T)(f)TUC NEW OBSERVATIONS MERE ANALYZED USING STAR'NET VERSON 8038 LEAST SQUARES ADJUSTMENT SOFTWARE OBSERVATIONS PASSED THE 0111-SQUARE TEST AT THE 95 PERCENT CONFIDENCE LEVEL.ME RATIO OF TOTAL OBSERVATIONS TO REDUNDANT OBSERVATIONS IN THIS SURVEY IS 287:T.ME LARGEST COORDINATE STANDARD DEVIATION WAS 004 FEET AT THE 95 PERCENT C'OFTDENCE LEVEL- S) EVELS)TOMS SRVEY WAS PERFORMED ACCORDING TO WAG 332-130-090 STANDARDS FOR LAND BOUNDARY SURVEYS THIS SURVEY WAS NOT PERFORMED OR CERTIFIED TO MEET THE'MIIAMUM STANDARD DETAIL REQUIREMENTS'OR'ACCURACY STANDARDS'FOR ALTA/ACS/LAND TIRE STALEYS.THEREFORE DHE USE OF THIS MAP FOR THE ISSUANCE OF AN ALTA/AGSM OWNER'S EXTENDED COVERAGE POLICY IS STRICTLY PROHIBITED. 4.)THIS SURVEY IS BASED ON THE PLAT OF PORTAGE BAY PARK AS RECORDED IN BOOK 3 OF PLATS PACE 26.RECORDS OF JEFFERSON COUNTY.DASNNGRN. DURING DHE COURSE OF THIS SURVEY IT WAS DISCOVERED THAT SAID PLAT CONTAINS A DRAFTING ERROR.THE LENGTH OF THE CENTERLINE OF DHE MOST SOUTHERLY CURIE IS SHONE AS 436.89 FEET THE AVERAGE DIMENSION OF DIE TOTAL RIGHT-OF-194Y LENGTH ON BOTH THE EAST AND WEST SIDES OF SAID CURVE INDICATES THE CERIERLINE LENGTH SHOULD BE ABOUT 45996 FEET. SAID CURVE WAS COMPUTED BY MOLDING THE FOUND CENTERLINE MONUMENTS AS 9E191 HEREON AND THE RECORD DISTANCE OF 861.50 FEET FROM BOTH MONUMENTS TO FIX THE RADIUS PONT. MRS CALCUTATON RESULTED IN SAID CURVE NOT BEING TANGENT TO THE CENTERLINE TD THE NORTH OF SAID CURVE. IT SHOULD BE NOTED THAT ALL OF THE ELEMENTS OF SAID CURIE ARE NOT SHOW Or SAID PLAT TO VERIFY THE RESULTANT LENGTH. 5.)BOCK 12 OF SURVEYS PACE 235 WNCN IS A SURVEY OF LOT 45 IN 5.410 PLAT 580145 SOME OF BUT NOT ALL OF THE CONTROLLING MONUMENTS NECESSARY TO SURVEY SAID LOT.IN ADDITION BOOK 27 OF SURVEYS PAGE 60 ALSO FAILS TO SHOW THE PROCEDURE USED TO SURVEY LOT 47. 8)FOR ADJOINING SURVEYS OF RECORD SE BOON 3 OF PLATS PAGE 25 BOOK 2 OF SURVEYS PAGE 341 BOON 4 OF SURVEYS PAGE 128 BOOK 8 OF SURVEYS PAGE 2/BOOK T2 OF SURVEYS PACE 23E BOO(27 O"SURVEYS PARE 604 800K ZB OF SRVEYS PAGE 61;BOOK 30 OF SURVEYS PAGE 857 BOOK 35 OF SURVEYS PAGES 214-218;BOGY 35 OF SURVEYS PAG:461:BOOK 35 OF SURVEYS.PAGE 4951 NE BOO(36 OF SURVEYS,PAGE 341 RECORDS OF.EFFERSON COUNTY,WASHINGTON. 7.)FOR PROPERTY DESGRIPTTON OF RECORD SEE AUDITORS FILE NUMBER 610784.RECORDS OF JEFFERSON COUNTY.WASHINGTON. 8)THE PURPOSE OF THIS SURVEY WAS TO RECOVER AND MERRY OR SET MONUMENTS AT THE FOUR CORNERS OF THE SUBJECT PROPERTY AND TO MAP RHE LOCATION AND IDENTIFICATION OF ANY VISIBLE PHYSICAL APPURTENANCES SUCH AS FENCES CR STRUCTURES NHOCH MAY INDICATE ENCROACHMENT LINES OF POSSESSOR.OR CONFLICT OF TITLE A)TINS SURVEY DOES NOT PURPORT TO SHOW THE EXISTENCE OF ALL EASEMENTS AND OR ENCUMBRANCES RECORDED OR UNRECORDED THAT MAY AFFEGr THIS PROPERTY.SE THE PLAT OF PORTAGE BAY RECORDED UNDER BOOK 3 OF PLATS.PACE 26.RECORDS OF.EFFERSON COUNTY.WASHINGTON FOR APPROOMATE LOCATION OF PORT TONNSENO WATER ERE SHEET 3 OF 3 AUDITOR'S CERTIFICATE ® SURVEYOR'S CERTIFICATE wravER SURVEY chi FILED FOR RECORD THIS 0.3 L1AY OF QUAD SER' .201716yF,3 THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER �* 703 EAST EIGHTH STREET AT 4154 A'N.IN BOOK 37 OF SURVEYS AT PAGE MVO. .,L LE MY DIRECTIONN CONFORMANCE WITH THE REQUIREMENTS OF THE i' E PORT ANGF,T.N'S, WASHINGTON 98362 --t V SURVEY RECORDING ACT AT THE REQUEST OF LINDA AND MIKE AT THE REQUEST OF NTBNOEF SURVEYING AND MAPPING CO. / \ (360) 457-9600 ANCUTCHEON IN S 2017. o u 00 OR � FAX (360) 457-9556 �(� '6110 WENGLEP�26304 www wenglersurveying.corn i:l�u'Y/SLI I c AUDITOR'S FILE NUMBER 1 IIVFJI DATE 10-20-2017 7 9 i r p-'( . 2; ?:i I E i'l E E EI r 1 1 Ft N . 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W2 W> >¢ v)aao )C J0a0 dZ JJ JAWZ +' - �2I d o oo ao max=im zOC a.I- ¢0 u3 0aI-0 + I-cc V v> Iwo rye Z ni Ci v Ui .0 N rn� J Exhibit E (�soN (6 JEFFERSON COUNTY w '�. DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend,WA 98368 .„1,1420� 360-379-4450 I email:dcd@co.jefferson.wa.us � '/J NO www.co.jefferson.wa.us/commdevelopment November 16, 2018 To: Jefferson County Public Works From: Department of Community Development Attn: Terry Duff RE: Open Right-of-Way Applications (2) Separate Portions of Cleveland St Mike and Lynda McCutcheon and Peter Harrison & Shirley Metz DCD has the following comments on open right-of-way applications to open portions of platted Cleveland St. 1. A Stormwater Management Permit may be required. All grading of 500 cubic yards or more(not exempted under subsection(5)(b) of this section), land-disturbing activities of 7,000 square feet or more, or creation of 2,000 square feet or more of impervious surface shall be subject to a stormwater management permit.Jefferson County Code 18.30.070(5). 2. A SEPA review may be required. Pursuant to WAC 197-11-800(1)(c)(v),the maximum exempt level for any landfill or excavation activity in Jefferson County shall be 500 cubic yards. Jefferson County Code 18.40.750(1). 3. DCD charges the following 2018 fees for SEPA and Stormwater management permit: a. SEPA: $920.00 b. Notice board: $10.00 c. Notice of Application: $149.00 d. Stormwater Management Permit: $460.00 e. Scanning $23.00 f. Technology 5% Please contact me if you have any questions, 360-379-4484 or ebolin@co.jefferson.wa.us. Respectfully, Emma Bo Cin Planning Supervisor Exhibit F When recorded please return to: Jefferson County Department of Public Works 623 Sheridan Street Port Townsend,WA 98368 ROAD& STORMWATER FACILITY MAINTENANCE AGREEMENT This MAINTENANCE AGREEMENT is made this day of , 2019 by Michael & Linda McCutcheon, hereinafter GUARANTOR and Jefferson County, a municipal corporation, hereinafter GUARANTEE. 1.0 RECITALS 1.1 GUARANTOR is the owner of certain real property in Section 1,Township 29 North, Range 1 West, W.M., Jefferson County, Washington; identified as Lot 40, Assessor's Parcel Number 989100026;and referred to in this Agreement as the PROPERTY. 1.2 In conjunction with the GUARANTOR'S development of the PROPERTY under Jefferson County Open Right-of-Way Application RAP18-00045, GUARANTEE has required and GUARANTOR has agreed to construct a road and stormwater facility which includes collection, conveyance, treatment, and infiltration facilities.The road and stormwater facility is described and shown on a construction drawing for GUARANTOR'S development of the PROPERTY that is on file with the appropriate agency,division, employee,or representative of Jefferson County. 1.3 As a condition of development approval, GUARANTOR has agreed to enter into this Maintenance Agreement ensuring that the road and stormwater facility will be constructed and maintained in accordance with the approved plans. 2.0 CONSTRUCTION AND MAINTENANCE GUARANTOR agrees to construct and maintain a road and stormwater facility as shown on the construction drawings described above. The road and stormwater facility shall be maintained and preserved by GUARANTOR until such time as GUARANTOR, its heirs, successors, or assigns and GUARANTEE agree that the facility should be dismantled,altered,abandoned,or removed. 3.0 NO REMOVAL No part of the road and/or stormwater facility shall be dismantled, altered, or removed except as necessary for maintenance,repair or replacement. 4.0 DISPUTE RESOLUTION If a dispute arises between the parties to this Agreement regarding the road and stormwater facility, GUARANTOR shall attempt to negotiate an appropriate resolution with GUARANTEE represented by the Jefferson County Engineer. If the dispute cannot be resolved at that level, GUARANTOR may file an appeal with the Jefferson County Hearing Examiner as provided for in the Jefferson County Unified Development Code. Page 1 of 3 5.0 ENFORCEMENT This Agreement may be enforced by GUARANTEE in law or equity against GUARANTOR, its heirs, successors and assigns. 6.0 SUCCESSORS AND ASSIGNS This Agreement shall run with the PROPERTY and be binding on GUARANTOR, its heirs, successors and assigns. 7.0 NOTICE GUARANTOR shall file this Agreement with the Jefferson County Auditor. DATED this_day of ,2019. GUARANTOR STATE OF WASHINGTON ss COUNTY OF On this day personally appeared before me & to me known to be the individuals described in and who executed the foregoing instrument,and acknowledged that they signed the same as their free and voluntary act and deed,for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of Notary Public in and for the State of Washington residing at MY COMMISSION EXPIRES ACCEPTED by: Date Page 2 of 3 STATE OF WASHINGTON ss COUNTY OF On this day personally appeared before me to me known to be the individual described in and who executed the foregoing instrument,and acknowledged that he signed the same as his free and voluntary act and deed,for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of Notary Public in and for the State of Washington residing at MY COMMISSION EXPIRES , ACCEPTED for JEFFERSON COUNTY by: Monte Reinders,P.E. Date Jefferson County Public Works Director/County Engineer Page 3 of 3 Exhibit G J AFT 2/8/2019 Conditions Associated With DRAFT 11:27:25AM Case #: RAP18-00045 ty3 ,f zrc �yF%�` , , �xr x ,„ ,;�rr�"/ "'v sf� t u', c;z r°Y'r'f,'J fv`.,4"`"u,. r ::;s, �1� rE% s rv � r >- 'f,-,4' , r/ r, ,fr ,%': s t„ o .,., f; ::3';.w ,,...� _,�.,�'` *„ f 6<`� a (b� ty 1010 SIGHT BRUSHING None NOT MET 2/8/2019 TLD The applicant shall be responsible for maintaining all vegetation to provide for the adequate sight distance adjacent to this road approach. 1011 RESPONSIBLE None NOT MET 2/8/2019 TLD The applicant shall be responsible for the cost to repair any and all damage to any county rights-of-way, including the integrity of all survey monuments or boundary markers. 1012 NO CULVERT None NOT MET 2/8/2019 TLD An approach culvert may not be necessary at the approach location to the Applicant's parcel at this time. The access must accommodate a 10-16 foot wide driveway with a 10-25 foot approach radius. 1019 CRUSHED SURFACING None NOT MET 2/8/2019 TLD The approach to the Applicant's parcel must have a minimum of 3 inches of crushed rock per WSDOT Standard Spec 9-03.9(3),starting from the edge of the new segment of Cleveland st.and extending back a minimum of 20 feet for the full width of the access and its radius. 1037 SURFACE WATER None NOT MET 2/8/2019 TLD The grade of the approach to the Applicant's parcel off Cleveland St.shall follow the crown of the road and be such that no surface water is directed onto the new segment of Cleveland St. 1039 CENTERLINE None NOT MET 2/5/2019 TLD The segment of Cleveland St.to be opened shall be built on the platted centerline per the Local Service Road Standard Typical Section(attached). 1039 STORMWATER None NOT MET 2/5/2019 TLD Prior to commencing land disturbing activity,the Applicant shall notify Jefferson County Public Works Department. All temporary sedimentation and eriosion control measures,and ptotective measures for critical areas and significant trees, shall be installed prior to initiating any construction activities. In accordance with the Jefferson County Unified Development Code,Section 18.30.080(1)(f):Clearing,grading,and construction of roads,bridges,utilities,and stormwater management facilities shall be inspected by JCPW. In order to enable the department to conduct inspections in a timely manner,the applicant shall notify the department in a timely manner regarding the project construction schedule. Typical Inspections: • Installation of temporary erosion and sediment control measures • Clearing(and Grading)and road subgrade preparation; The Applicant shall contact Jefferson County Public Works for the following inspections: • Installation of temporary erosion and sediment control measures • Clearing(and Grading)and road subgrade preparation; • Placing roadway gravel base; • Placing roadway crushed surfacing top course; • Placing improved roadway surface(chip seal or asphalt concrete); • Construction of stormwater management facilities(prior to backfill); • (Additional inspections may be deemed necessary as project progresses. 1039 CENTERLINE None NOT MET 2/8/2019 TLD The segment of Cleveland St.to be opened shall be built on the platted centerline per the Local Service Road Standard Typical Section. 1045 RAP ONLY None NOT MET 2/8/2019 TLD This approval is for opening the segment of Cleveland St.from the end of the opened segment from SR116,south approximately 320 feet and for the road approach o the Applicant's parcel only and does not constitute approval of other activities within the right of way or on this parcel. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. 1065 PRE-CON None NOT MET 2/8/2019 TLD Page 1 of 2 CaseConditions..rpt ' cCEL ' Conditions Associated With = i 2/8/2019 11:27:25AM Case#: RAP18-00045 Axa 7 : Applicant must give Jefferson County Public Works office(360-385-9159)a minimum of 7 working days notice prior to1441-12' .,. beginning work. An on-site pre-construction conference shall be scheduled by the applicant and will include Public Works and the contractor who will be performing the work. Prior to this meeting,any utility locate marks shall be done(Call 811-48 hours before you dig). 1070 FINAL INSPECTION None NOT MET 2/8/2019 TLD The Applicant must contact the Public Works Department for a fmal inspection upon completion of all work under this permit. 9140 P-PRIVATE ROAD APPROACH None NOT MET 2/5/2019 TLD The Applicant may install a private road approach to the newly extended and constructed roadway to their parcel as shown on the site plan submitted with the application. 9220 P-OPEN ROW None NOT MET 2/5/2019 TLD The Applicant has permission to open a portion of platted Cleveland St.southerly from the end of the existing roadway for a distance of approximately 320 feet, in accordance with the attached Jefferson County Public Works County Engineer's Report with a road standard for a Local Service Road,which does not meet the criteria for a County road. Therefore,this section of right-of-way will not be maintained by the County. Page 2 of 2 CaseConditions..rpt Exhibit H Jefferson County Department of Public Works 811 . a t, p, �, 623 Sheridan St Port Townsend,WA 98368 Phone: (360)385-91 60 Know what's below. Fax: (360)385-9234 Call before you dig. UTILITY PERMIT Case Number: UTL18-00066 Road#: 578309 Class: B Job#: 18113 Cleveland St. From Milepost 0.46 To Milepost 0.58 Side of Road: LEFT Applicant: SCOTT BANCROFT JEFFERSON COUNTY PUD#1 310 FOUR CORNERS RD PORT TOWNSEND WA 98368 In accordance with all applicable Revised Code of Washington and amendments thereto, and subject to all the terms, conditions and provisions written or printed below or on any part of this form, permission is hereby granted to: 1.) The Applicant may place utilities in a trench along the back edge of the right-of-way of Cleveland St. from mile post 0.457 left to mile post 0.578 left. 2.) The Applicant has permission to install two junction boxes on the back side of the right of way at mile post 0.60 left and mile post 0.578 left. CONDITIONS: 1.) 30" is the minimum cover allowed over all utility lines placed across or parallel to the roadway, or across or within the ditch. 2.) The utility trench shall be backfilled with imported gravel borrow per WSDOT Standard Spec 9-03.14(1)and mechanically compacted in 12 inch lifts to 95% density. 3.) The applicant shall be responsible for the cost to repair any and all damage to the county roadway and rights-of-way, including the integrity of all survey monuments or boundary markers. 4.) Any work within the shoulder shall be backfilled with imported gravel borrow per WSDOT Standard Spec 9-03.14(1) and compacted in 12 inch lifts. The surface of the shoulder shall be finished with a minimum of 2" compacted crushed granite gravel meeting WSDOT Standard Spec 9-03.9(3) 5.) The Applicant shall submit a Traffic Control Plan which shall follow the standards of the Manual on Uniform Traffic Control Devices (MUTCD) any time that workers are on the county right-of-way or equipment must enter onto the right-of-way. 6.) The junction boxes being placed on the right-of-way shall be a minimum of 10 feet from the edge of pavement or traveled way or constructed to WSDOT requirements for a break away structure. 7.) This permit is being issued after installation and must meet all conditions of this permit. The applicant, by signing the permit application, has agreed to all of the conditions in the permit including the provisions on the back of this form. This permit shall be void unless the work herein contemplated shall have been completed before March 11, 2019. The Department of Public Works may revoke, amend or cancel this permit or any of the provisions thereof at any time by giving written notice to the grantee. The grantee, upon notification, shall immediately remove all of his equipment and facilities from the County right of way. Any equipment or facilities remaining upon the County right of way 30 days after written notice of cancellation shall be removed by the County at the sole expense of the grantee. In accepting this permit the grantee, his successors and assigns, agree that any damage or injury done to the property of the grantee or any expense incurred by him through the operation of a contractor, working for the County or any County employee shall be at the sole expense of the grantee, his successors and assigns. !--(l-tR For Jefferso ounty AP. Date GENERAL PROVISIONS APPLICABLE TO ALL PERMITS This permit is subject to all applicable provisions of the Revised Code of Washington and all of the applicable provisions of Washington law. This permit is also subject to all applicable provisions of Chapter 13.56 of the Jefferson County Code, Accommodations of Utilities upon Jefferson County Rights-of-Way, Ordinance No. 01-0103-00; and Ordinance No. 09-0727-92 Regulating Jefferson County Road Approach Permits. During the progress of the work such barriers and/or traffic control devices shall be erected and maintained as may be necessary or as may be directed by the Public Works Department for the protection of the traveling public; all traffic control devices shall be properly lighted at night and shall comply with all specifications of the Manual of Uniform Traffic Conrol Devices. In accepting this permit, the Applicant shall indemnify and hold the County, and its officers, employees, and agents harmless from and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity arising in whole or in part, directly or indirectly, from the Applicant's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a Applicant to indemnify the County against and hold harmless the County from claims, demands of suits based soley upon the conduct of the County, its officers, employees and agents, and; provided further that if the claims or suits are caused by or result from the concurrent negligence of: (a) the Applicant's agents or employees; and, (b) the County, its officers, employees and agents, this indemnity provision with respect to claims or suits based upon such negligence, and/or the costs to the County of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the Applicant's negligence, or the negligence of the Applicant's agents or employees. Except as herein authorized by the county Public Works Department, no excavation shall be made or obstacle placed within the limits of a county road in such a manner as to interfere with the travel over said road and shall not be within four(4)feet of the edge of the pavement. If the work done under this permit interferes in any way with the drainage of the county road, the grantee shall wholly and at his own expense make such provision as the County Engineer may direct to take care of said drainage. On completion of said work all rubbish and debris shall be immediately removed and the roadway and roadside shall be left neat and presentable and satisfactory to the County Engineer. All of the work herein contemplated shall be under the supervision of the County Engineer and the entire expense of said supervision shall be borne by the grantee to whom this permit is issued, or his successors and assigns. The Department of Public Works hereby reserves the right to order the change of location or the removal of any structure or structures authorized by this permit at any time, said change or removal to be made at the sole expense of the grantee to whom this permit is issued, or his successors and assigns. All such changes, reconstruction or relocation by the grantee shall be done in such a manner as will cause the least interference with any of the County's work and the County of Jefferson shall in no way be held liable for any damage to the grantee by reason of any such work by the County of Jefferson, its agents or representative, or by the exercise of any rights by the County upon roads, streets, public places or structures in question. This permit or privilege shall not be deemed or held to be an exclusive one and shall not prohibit the County from granting other permits or franchise rights of like or other nature to other public or private utilities, nor shall it prevent the County from using any of its roads, streets, or public places, or affect its right to full supervision and control over all or any part of them, none of which is hereby surrendered. Federal Endangered Species Act Disclaimer: The action or actions Applicant will undertake as a result of the issuance of this permit may negatively impact upon one or more threatened or endangered species and could lead to or represent a potential"take"of an endangered species as those terms are defined in the federal law known as the Endangered Species Act or"ESA". Jefferson County makes no assurances to the Applicant that the actions that will be undertaken because this permit has been issued will not violate the ESA.Any individual group or agency can file a lawsuit regarding your action(s) on behalf of an endangered species even if you are in compliance with the Jefferson County development codes. The Applicant acknowledges that he, she or it holds individual and non-transferable responsibility for adhering to and complying with the ESA. \\tidemark\data\forms\F_UTL_Permit.rpt 12/11/2018 -(7' r�'t, ''' hi JEFFERSON COUNTY 11 - s , , APPLICATION FOR UTILITY PERMIT Q(tice use only Jefferson County Permit# U,(i-t 3-VP Department of Public Works Receipt# 623 Sheridan Street Check # -----------.----- Port Townsend. WA 98368 Date Paid 360-385-9159 Mile Post _ JA Fee U Additional jets may apply for multiple site visits and/or inspections Please Print or Type All Information --Check Utility Type That Applies utility Type A ✓ _utility Type BEmergency Work Job/Order 4 181J 3 Fee: S50.00 in 2017 Fec: 5250.00 in 2017 _ _ County Road Name: Cleveland Strc•eL___--__.--_---____ .- Size,length and location of utility installation including any crossings. Please attach detailed plans. TRENCHING APP:• _64ffFEETAI.QNG£OLINTY R/W-TRENCH/ 'ONDLJJI LEAVE POLE -- da0_ d-151.51 I1TRt1YFI.INC} PFRPFNDICUI-ARI,Y_ON COUNTY RIW TO PARCFI 9891x002 TRFNC H CONTAINS t 11,3"_C-QNfUITAT 47" MIN. DEPTH JEFFERSON COUNTY PUD -- -- ----- Utility Company Contractor SCOTT BANCROFT _ __ __ Contact Person Mailing Address 310 FOUR CORNERS RD. — Mailing Address City,State,Zip Code --- — PORT_ZOWNiSFND WA 9836$--____------_--___ __ City.State,Zip Code Telephone No./Ext. 61)1385-83(18— --- --�. ____ Telephone No./Ext. Contractor's License No. sbancroftCa tell Fax.No. Email Address ACKNOWLEDGEMENTS By signing the application form,the undersigned Applicant attests that the rntonnaticm provided herein is true and correct to the best of his/her knowledge and agrees to all conditions on the permit.The.Applicant also certifies that this application is being made with die full knowledge and consent of all owners of the affected property.Any material falsehood or any omission of material fact made by the Applicanu'Owner with respect to this application packet may result in this permit being null and void. The Applicant Iurther agrees to save,indemnify and hold harmless Jefferson County against all liabilities,judgments,court costs,reasonable attorney's fees and expenses that may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit. 'Mme Applicant further agrees to provide access and right of entry to Jefferson County and its employees,representatives,or agents for the sole purpose of application review and any required later inspection.This right of entry shall expire when the County concludes the application has complied with all applicable laces and regulations. Access and right of entry to.'Applicant's properly shall be requested and shall occur only during regular business hours. The action or actions Applicant will undertake as'a result of this permit may negatively impact one or more threatened or endangered species and could lead to a potential"take'of an endangered species as those terms arc kilned in the federal law known as time-Endangered Species Act"or 'ESA." Jefferson County makes no assurances to the Applicant that the actions that will he undertaken because this permit has been issued will not violate the ESA.Any individual, group or agency can file a lawsuit on behalf of an endangered species regarding Applicant's action(sl even if Applicant is in compliance with the Jefferson County Development Code. r The, a locant acknowlad_es t t he,she or a holds individual and non-transferable responsibility for adheringto and complying with the ESA.The Applicant has 0 7ru.,._ - im r sign 'nd pies it below. °` - L1-- --- Utility Company C:ontact�:urc Date Please he sure to sign this form and make checkpavable to Jefferson County Updated: l Iil7t2ol6 Page I oft I'arms:Application for Utility Permit Utility Company Jefferson PUD County Road Name CLEVELAND STREET All utility providers conducting work within County Rights-of-Way shall obtain a utility permit in accordance with Jefferson County's Utilities Accommodation Ordinance#01-0103-00,Section 13.56.050 Utility Permit Types: Type A Activities shall include installing less than live new utility poles or replacing any utility poles or replacing any utility poles, installing short side utility services more than two feet off the edge of pavement,individual service connections with less than 200 feet of trenching.and removing 2 or fewer panels of Portland Cement Concrete sidewalk.Utility providers conducting Type A activities within County Rights-of-Way shall obtain an annual utility permit.Upon obtaining an annual utility permit,all utility providers shall provide written notification before starting any Type A activities and must provide written certification within ten(10)calendar days that the work was done in conformance with this Chapter.The County shall do random inspections of work conducted under an annual utility permit. Type B Activities have a greater impact on the Rights-of-Way than Type A activities.Type B activities shall include individual service connections with more than 200 feet of trenching,all roadway crossings,installing underground vaults,constructing splice pits,attaching to any bridge structure,installing main lines,and all other utility activities within County Rights-of-Way. Utility providers conducting Type B activities within County Rights-of-Way shall obtain an individual utility permit for each Type B activity. Exempted Activities.Utility providers conducting the following exempted activities within County Rights-of-Way shall not be required to obtain a utility permit;however,utility providers shall comply with all other provisions of this Chapter:stringing cables on utility poles and associated maintenance thereof;accessing and maintenance of existing manholes,handholes,pedestals,closures and vaults,and replacing above-ground meters.transformers,closures,and pedestals,and performing emergency work. Please attach a map or draw a detailed sketch. Updated: 11;17/2016 Page 2 of 2 Forms:Application for Utility Permit „.......t...- ..',.., . , ,,,,,, . ,,,,.,..„..A.Th1;:::"1„,-:-„,,,,”, .,-ik,,,-,,,,:.! ,,,.0:,,, - s s" . .. _ { I - to_iol•t,',-44.- . 4 .., .. t.-.. ....,, ,,_. , _ . , . , • . „...._. ..,,,-...„ , i .. ‘ ' . k- h r_ _.... ' .,,i, ,, 1,„,..-- ,, ,, III t le - ., I; I i ', I. , ' N p I i ° � lil] , i j { dam ' i11 i i ._, azcpz X 1 i I- Q � zoo � � z -2 H‹ Q = zmc I i wc[ ocLUON ❑ _1a_ F- ❑ &) Ocru) i Exhibit When recorded please return to: Jefferson County Public Works 623 Sheridan St. Port Townsend, WA 98368 No Protest Agreement Platted, Public Right of Way Grantor(s): Michael & Linda McCutcheon Grantee: County of JEFFERSON, a Washington municipal corporation Reference: Open Right-of-Way Permit No. RAP18-00045 Assessor's Tax Parcel Number: 989100026 WHEREAS, the Grantor is owner of the parcels listed by owner and parcel identification number above and said parcels are located adjacent to and adjoining a public, platted right of way; and WHEREAS, approved access is a condition of development or redevelopment within platted, public rights of way; and WHEREAS, any agreement to establish a Road Improvement District (RID)to the public, platted rights of way adjacent to or adjoining the parcels listed above are subject to the terms and conditions of this No Protest Agreement NOW THEREFORE,the GRANTOR covenants and agrees that at any time a Road Improvement District (RID), including but not limited to a Local Improvement District (LID), Utility Local Improvement District (ULID), or any other pro rata sharing of costs to construct, improve the public, platted rights of way to the parcels listed above is formed and the parcels are subject to a RID or within the service area of a RID,then the owners and successors in interest as their interests as they may appear of the parcels hereby waive their right of protest to said RID except as to the method of assessment and GRANTOR and GRANTEE acknowledge and confirm that the terms and conditions of this Restrictive Covenant "touch upon the land" and shall "run RID No Protest Agreement Page 1 of 2 with the land" or any part thereof described in this agreement for perpetuity. DATED this day of , 2019. PROPERTY OWNER: Michael McCutcheon PROPERTY OWNER: Linda McCutcheon STATE OF WASHINGTON) ss. COUNTY of JEFFERSON ) On this day personally appeared before me to me known to the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the use and purposes therein mentioned. Given under my hand and official seal this day of , 2019. NOTARY PUBLIC in and for the State of Washington residing at My commission expires: RID No Protest Agreement Page 2 of 2