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HomeMy WebLinkAboutPort Townsend, City of - 101920o 637970 PGS : 6 EASE 11/10/2020 09:30 AM $108.50 CITY OF PORT TOWNSEND Jefferson County WA Auditor's Office - Rose Ann Carroll, Auditor ■III Krofm 11111611#1 N Ma L'1111411 ah1111611 II1 Heidi Greenwood, City Attorney City of Port Townsend 250 Madison, Suite 2 Port Townsend, WA 98368 NO REAL ESTATE EXCISE TAX REQUIRED JEFFERSON COUNTY7REHSURER 1 BY: � STORMWATER UTILITY AND MAINTENANCE EASEMENT Brief Legal Description of Property: S 16 & 15 T30N R1 W 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. 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. 4 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 OUNTY BOARD OF COMMISSIONERS therton, Chair Approved as to form: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF JEFFERSON ) On this / /'/�day of a-k ber , 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 ffi and for the State of Washington, Count of of Jefferson, residing in My appointment expires: � 2T APPROVED BY GRANTEE: CITY OF PORT TOWNSEND Date: / / • `� 2 v John uro, ty Attest: Joanna anders, City Clerk, MMC Approved as to form: El 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°1 l'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'l0" 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 VA p WASNZ o w 35986 L LAND ��4 nOmZ QD Za vy V) QOp� VCi� 4 rrl ZQ to P 'o a �_ V avDa �� y va A�000 �r-I* •• o�Zvi o� C) ro V C r < Z 00 m O = O � rnZ om Zr1l � � O� �d _OD �Z Zm �V) :!)C) CDC Z DZ�ZN= rn C) moo / �j y2?wi / Od�� o / lw 4���0yd , / ` co o o 0 / pJ'ati c yn i l i\ v� �ON 1�orn, lov+rn ,ocOD ovO '� rn - o�y r m r 74 M'D oh 1 W \\ N 1 • �_CT♦N � \ N � 02'0148" W \ \ ,gag �S 365.48' 7o0 �LT% 1 / 0 L99.0I N Z M Z o 100' (ROW) 'j rn $ A T y T I oanmZ�Z OA I O N;ayp1y co I O t� Cn I I � n Z O Z ? � rnp o ( � v 2o,C O y I Z CA I nl zm o w r- I to 0 � TITLE: EXHIBIT B m m VAN ALLER SURVEYING SHOWING STORM WATER U71LITY m :4k AND MAINTENANCE EASEMENT g P.O. BOX 157 * CARLSBORG, VA.* 98324 CLIENT: CITY OF PORT TOWNSEND 83-301 * FAX 360) 683-324 2MADISYSI , WA EET PHONE: (360) 6 ( PORT TOWIVSENDWA 98368 Department 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 P.E., Public Works Director/ County Engineer Through: Mara Dotson, Right of Way Representative iwp 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 Morle Co ty Ad Date CONTRACT REVIEW FORM CONTRACT WITH: N/A (Contractor/Consultant) CONTRACT FOR: Easement Review -City of PortTownsend-LST T RACI�.�IQ~��,,�, s TERM: N/A COUNTY DEPARTMENT: Public Works SEP 2 3 202 For More Information Contact: k = r _ "'' `" Contact Phone #: 4 a h. �sti ; I" RETURN TO: Mara Dotson RETURN BY: October 12 (Person in Department) (Date) AMOUNT: N/A Revenue N/A Expenditure Matching funds Required Source(s) of Matching Funds Step l: XAPPROVED FORM Comments REVIEW BY Review Date Revie E PROCESS: ❑ Exempt from Bid Process ❑ Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Works Roster ❑ Vendor List Bid ❑ RFP or RFQ F±1 Other ❑ Returned"ferfevision (See Comments) Step 2: REVIEW BY PROSECUTING ATTORNEY Review by: Philip C. Hunsucker Date Reviewed: Chief Civil Deputy Prosecuting Attorney APPROVED AS TO FORM ❑ Returned for revision (See Comments) Comments A AW90•e-,f4_d v : ti PW%X 1, 22% V Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESU$ tT'S Q RiSK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit original Contract(s), Agenda Request, and Contract Review form. Also, please send 2 copies of just the Contract(s) (with the originals) to the BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.) THAdTHE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 Jefferson County Public Health 615 SHERIDAN ST PORT TOWNSEND WA 98368-2439 Account Information: JODY CARONA HARRIS DBA Policy Holder Details : HEALTH FACILITIES.& PLANNING DEVELOPMENT. November 16, 2020 %Q Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone: (877) 532-3486 Fax: (888) 443-6112 Email: agency.services(cDthehartford.com Website: httos:Hbusiness.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTRO05 -► CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 11/16/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT USI INSURANCE SERVICES LLC/PHS 41715776 The Hartford Business Service Center NAME: PHONE (877)532-3486 (A/C, No, EXt): FAX (888)443-6112 (A/c, No): 3600 Wiseman Blvd E-MAIL San Antonio, TX 78251 ADDRESS: INSURERS) AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Casualty Insurance Company 29424 JODY CARONA HARRIS DBA HEALTH FACILITIES & PLANNING INSURER B : DEVELOPMENT. INSURER c 120 1 ST AVE W STE 100 INSURER D : SEATTLE WA 98119-4249 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD/Y YYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS -MADE -1 OCCUR DAMAGE TO RENTED $300,000 PREMISES Ea occurrence) X MED EXP (Any one person) $10,000 General Liability A 41 SBA AA9132 03/19/2020 03/19/2021 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 JECT POLICY ❑ PRO- Fx LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) ANY AUTO A ALL OWNEDF SCHEDULED AUTOS AUTOS 41 SBA AA9132 03/19/2020 03/19/2021 BODILY INJURY (Per accident) HIRED NON -OWNED X AUTOS X AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- MADE -- AGGREGATE -' ED I RETENTION $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE I ER E.L. EACH ACCIDENT $1,000,000 A ANY YIN PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A 41 SBA AA9132 03/19/2020 03/19/2021 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below A EMPLOYMENT PRACTICES LIABILITY 41 SBA AA9132 03/19/2020 03/19/2021 Each Claim Limit Aggregate Limit $5,000 $5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Those usual to the Insured's Operations. Jefferson County Public Health 615 SHERIDAN ST PORT TOWNSEND WA 98368-2439 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD