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O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders P.E., Public Works Director/ County Engineer
Through: Mara Dotson, Right of Way Representative mYD
Agenda Date: October 19, 2020
Subject: Larry Scott Trail, Stormwater Utility and Maintenance Easement
Statement of Issue:
The City of Port Townsend is requesting a Stormwater Utility and Maintenance Easement across
Larry Scott Trail (LST) right-of-way (ROW) between Mill Road and Thomas Street (APN 001-161-
004) to install stormwater emergency overflow components, including a dispersal trench and
rock spillway, as well as a section of maintenance road all as part of their new Howard Street
Regional Stormwater facility.
Analysis / Strategic Goals / Pros Et Cons:
The stormwater improvements that the City desires to place within the County ROW are outside
of the area used for the Trail. By granting this easement, the City will be able to access,
develop, install, and maintain the subject portions of their regional stormwater facility.
Fiscal Impact/Cost Benefit Analysis:
There is no financial impact to the County at this time. The Department of Public Works does
not presently use this portion of ROW, and supports the City's operations. The City has provided
a legal description, site map, and survey as necessary to draft the Stormwater Utility and
Maintenance Easement document. The City has also agreed to pay the County for expenses
incurred with the execution and recording of the Easement document. After construction is
complete, the City will sign and record a Stormwater Maintenance Agreement for the
improvements located within the County ROW.
Recommendation:
Please sign the attached Stormwater Utility and Maintenance Easement and return it to Public
Works for recording and distribution.
Department Contact:
Mara Dotson, Right of Way Representative, 360-385-9160
Rev' By:
Philip Mortey.Co ty Administratnc --J Date
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STORMWATER UTILITY AND MAINTENANCE EASEMENT
Brief Legal Description of Property: S16 & 15 T30N R1W TRAIL TAX 59 (SEC 16) &
TRAIL TAX 18 (SEC 15) PTN. LARRY SCOTT TRAIL
Jefferson County Assessor’s Tax Parcel No.: 001-161-004
GRANTOR: Jefferson County, a Washington municipal corporation
GRANTEE: City of Port Townsend, a Washington municipal corporation
For valuable consideration, receipt of which is hereby acknowledged, Jefferson County,
a Washington municipal corporation ("Grantor”) hereby conveys and warrants, in perpetuity, to
Grantee, the City of Port Townsend, a Washington municipal corporation, its successors and
assigns, a perpetual, non-exclusive easement over, through, under, and across the following
described property situated in Jefferson County, Washington, subject to and together with the
Purpose and Terms of Easement set forth in this instrument:
Full legal description of property subject to easement:
Situated in the County of Jefferson, State of Washington,
That portion of the Briggs Donation Land Claim in Sections 15 and 16, Township 30
North, Range 1 West of the Willamette Meridian and that portion of Tideland District
113, First Class Tidelands abutting said Section 15, described as follows:
That portion of the former Port Townsend and Puget Sound Railroad Right-of-Way as
shown on the Port Townsend Paper Company survey recorded March 16, 1995 in
Volume 16 of Surveys, Page 153-155, Records of Jefferson County, Washington lying
within said Sections 15 and 16, and said Tideland District 113, except any portion, if any,
lying within the city limits of the City of Port Townsend.
Containing an area of 12.8 acres more or less; less existing right of way.
The legal description of the easement (“Easement” or “Easement Area”) is shown on Exhibit A.
Heidi Greenwood, City Attorney
City of Port Townsend
250 Madison, Suite 2
Port Townsend, WA 98368
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Purpose and Terms of Easement:
This Stormwater Utility and Maintenance Easement is for the purpose of granting the
City of Port Townsend easement rights through, under, and across the above-described property
in perpetuity for a flow dispersal trench and catch basin, 36 LF of 15” PVC pipe, a section of
emergency overflow spillway, a rock sump outfall, and a section of maintenance road. After
construction is complete, a stormwater maintenance agreement will be signed by the parties
hereto and recorded with the Jefferson County Auditor.
THIS EASEMENT IS SUBJECT TO THE FOLLOWING:
1. Grantee shall construct stormwater improvements in the easement area in accordance
with the project Plans by AHBL , dated 3/19/2020 , and professionally stamped by Doreen
Gavin, PE . Grantee shall not alter or add to stormwater infrastructure in the easement area
without written approval from the Grantor.
2. Grantee shall have the right at all times to enter the described Easement Area for the
purpose of making stormwater inspections and maintaining stormwater improvements, including
but not limited to, inspecting, maintaining, repairing, reconstructing, locating, and relocating any
utility lines, and removing trees, shrubs or brush as necessary to accomplish these purposes and
protect the stormwater utility. This is subject to paragraphs 2 and 6 below, and to the City giving
24-hours’ notice except in the case of an emergency.
3. Grantee’s use of the easement area shall not interfere with the operation of the Larry
Scott Trail except as expressly allowed by the Grantor. Grantor will allow short duration
closures of the Trail to facilitate Grantee’s construction or maintenance activities. Grantee will
be responsible for placement of signage or other measures Grantor deems necessary to notify the
public of temporary closures or detours.
4. 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.
5. This Agreement shall be binding upon the Grantor and Grantee and their successors and
assigns, and constitutes a covenant running with the land.
6. Structures and/or permanent storage within the above-described Easement Area are
prohibited. This does not apply to fences, which are permitted.
7. No trees shall be planted in the easement area. Grantee has the right to remove
vegetation or trees that in Grantee’s judgment endanger or increase the costs to maintain, repair,
or reconstruct Grantee’s improvements.
8. In connection with any inspection, maintenance, improvement, repair or construction or
reconstruction, Grantee shall restore the property to equivalent or better condition within the
Easement Area.
9. This Easement is for the benefit of the City of Port Townsend, its successors and assigns.
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Indemnification:
The City, and its successors and assigns, shall protect, indemnify, defend and hold
Jefferson County, and its successors and assigns, harmless from and against any and all losses,
costs, claims, suits, liabilities, causes of action, and expenses of any kind or nature (including
reasonable attorneys’ fees) arising out of, related to, or incurred by reason of the rights granted
hereunder.
IN WITNESS WHEREOF, this Stormwater Utility and Maintenance Easement is
executed this _____ day of ______________, 2020.
GRANTOR:
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Greg Brotherton, Chair
Approved as to form:
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
STATE OF WASHINGTON )
ss.
COUNTY OF JEFFERSON )
On this ____ day of _________________, 2020, before me the undersigned, a Notary
Public duly commissioned and sworn, personally appeared Greg Brotherton, known to be the
chair of the Jefferson County Board of Commissioners and who executed the foregoing
Stormwater Utility and Maintenance Easement, and acknowledged said instrument to be the free
and voluntary act and deed of the Jefferson County Board of Commissioners, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the year and date in this certificate
above written.
print name] _____________________________
NOTARY PUBLIC in and for the State of
Washington, County of Jefferson, residing in
My appointment expires: __________________
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APPROVED BY GRANTEE:
CITY OF PORT TOWNSEND
___________________________________ Date:_______________________
John Mauro, City Manager
Attest:
___________________________________
Joanna Sanders, City Clerk, MMC
Approved as to form:
___________________________________
Heidi Greenwood, City Attorney
EXHIBIT A
STORM WATER UTILITY AND MAINTENANCE EASEMENT LEGAL DESCRIPTION:
A storm water utility and maintenance easement over, under and across a portion of the North
half of Section 16, Township 30 North, Range 1 West, W.M., City of Port Townsend, Jefferson
County, Washington, more particularly described as follows:
Beginning at the North quarter corner of said section 16, thence South 02°01'48” West along the
North-South centerline of said Section 16, a distance of 365.48 feet to a point on the north margin
of Larry Scott Memorial Trail as shown on Volume 16 of Surveys, page 153, records of Jefferson
County, Washington, said point being the True Point of Beginning of this legal description and
the beginning of a non tangent curve concave to the Southeast having a radius of 1195.85 feet,
the center of which bears South 16°05'11” East;
Thence Southwesterly along said curve and said north margin of Larry Scott Memorial Trail,
through a central angle of 03°14'02”, a distance of 67.50 feet to the east margin of Mill Road;
Thence South 41°18'05” East along said east margin of Mill Road, a distance of 108.65 feet to
the south margin of said Larry Scott Memorial Trail and the beginning of a non tangent curve
concave to the Southeast having a radius of 1095.85 feet, the center of which bears South
17°11'37” East;
Thence Northeasterly along said curve and said south margin of Larry Scott Memorial Trail,
through a central angle of 06°16'27”, a distance of 120.00 feet;
Thence North 10°55'10” West, a distance of 100.00 feet to said north margin of Larry Scott
Memorial Trail and the beginning of a non tangent curve concave to the Southeast having a
radius of 1195.85 feet, the center of which bears South 10°55'10” East;
Thence Southwesterly along said curve and said north margin of Larry Scott Memorial Trail,
through a central angle of 05°10'01”, a distance of 107.84 feet to the True Point of Beginning.
Containing 14,773 square feet more or less.
The above described Easement is depicted on the accompanying map labeled Exhibit B, which is
attached herewithin and made part of this legal description.
END OF DESCRIPTION