HomeMy WebLinkAboutCastle Hill Parking Easement for Reciprocal Parking Access and Ingress and Egress, Amendment No. 1 - 032221 AMENDMENT NO. 1
TO THE DECEMBER 21. 1983 PARKING ACCESS AND INGRESS AND EGRESS
AGREEMENT UNDER JEFFERSON COUNTY AUDITOR FILE NUMBER 287289
This Amendment No. 1 to the December 21, 1983 parking access and ingress and egress agreement
under Jefferson County Auditor File Number 287289 ("Agreement") is made and entered into by
and between Fred Meyers Stores, Inc. (UBI 602 342 738) d.b.a. Quality Food Centers ("QFC")
the successor to the Uddenbergs,Castle Hill Associates,current owners of a portion of the property
previously owned by the Larsons, and Jefferson County, a political subdivision under the laws of
the State of Washington ("County") the successor to the Larsons, (collectively "Parties").
WHEREAS, the Parties want to amend the Agreement;
NOW, THEREFORE, the Parties agree as, follows:
1. Purpose. The purpose of this amendment is to revise the Agreement to include
language recognizing that both parties agree that eight (8) parking spaces located on the County's
property will be eliminated as part of OlyCAP's 7th and Hendricks Street affordable housing
project. All other terms of the Agreement shall remain unchanged, except as modified in this
amendment.
2. Amendment.
The first sentence of Section I.1. of the Agreement reads: "Each party agrees with the other party,
that parties' tenants and licensees, invitees, employees and patrons shall have free and unrestricted
use of each parties' property described at Exhibits 1 and 2 for parking access and for ingress and
egress." That first sentence of Section I.1 is amended to read: "Each party agrees with the other
party, that parties' tenants and licensees, invitees, employees and patrons shall have free and
unrestricted use of each parties' property described at Exhibits 1 and 2 for parking access and for
ingress and egress, except the eight (8) County parking spaces forfeited in support of OlyCAP's
7th and Hendricks Street affordable housing project(Exhibit 3, attached).
(SIGNATURES FOLLOW ON NEXT PAGE)
JEFFERSON COUNTY WASHINGTON FRED MEYERS STORES, INC. D.B.A.
QUALITY FOOD CENTERS
Board of County Commissioners
Jefferson County, Washington
By: 3/>,9/�/ By:
Kate ean, Chair Date Signature Date
Name:
Title:
State of Washington State of
County of Jefferson County of
Subscri Jd and sworn to before me on this Subscribed and sworn to before me on this
.2-2 ; day of 2021. day of 2021.
(-4/A t `/ 2 2/2/
Carolyn Gall 'way Date Signature of Notary Public Date
Notary/Clerk of the Board
/ Printed name of Notary Public
My Notary commission expires: 3/ �J/ 2 Z My Commission expires:
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Approved as to form only:
c �_ 4/zPhilip C. u nsucker Date
Chief Civil Deputy Prosecuting Attorney
JEFFERSON COUNTY WASHINGTON FRED MEYERS STORES,INC.D.B.A.
QUALITY FOOD CENTERS
Board of County Commissioners
Jefferson County, Washington
3
By: 2 Zi By: 1AAJI'1*Z4EL s/y/ZiE4
Kate ean, Chair Date Signature Date
Name: Nicholas G. Hodge
Vice President
Title: At Praiilati-
State of Washington State of Ohi'p
County of Jefferson County of l/4i
Subscribed and sworn to before me on this Subscribed and sworn to before me on this
day of 2021. '�- day of 2021.
$?/2./
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Carolyn
allaway
Date Signature, f No Public Date
Notary/Clerk of the Board
Lyh�
Printed naaIde of Notary Pu is
MyNotarycommission expires: 3/2 2 -- MyCommission ex ires:
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/ �pq�q�a..�t �� TRACY LYNN HODGE
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Approved as to form only:
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Philip C. Hunsu er ate
Chief Civil Deputy Prosecuting Attorney
CASTLE HILL ASSOCIATES
By: Y '/Z,
Signature Date
Name: 1< e�+-��'1'7 �/Z /
Title: r' e
State of
County of
Subscribed and sworn to before me on this
{ QI day of 2021.
Signature of Notary Public Date
Cans ci-edX
Printed name Of Notary Public
My Commission expires: ►1iC
Christ' Fiedler
Notary Public, Lie.#21002646
State Of Washington
My Comm. Exp. Dec.04,2024
(Seal or Stamp)
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley,County Administrator
FROM: Mark McCauley, Central Services Director
DATE: March 22,2021
RE: Request for Board of County Commissioners approval of an amendment to a
reciprocal parking access and ingress and egress agreement(the Agreement)
recorded at Auditor's File Number 287289.
STATEMENT OF ISSUE:
Jefferson County is one of the successor parties to the 1983 parking access and ingress and egress Agreement.
Quality Foods Centers(QFC)and Castle Hill Associates are the other successor parties. The Agreement covers
certain parking areas at the Castle Hill Complex that serve QFC,Castle Hill Associates and several county offices.
Section 1 of the Agreement states:
"1. Each party agrees with the other party,that parties'tenants and licensees, invitees,employees and patrons
shall have free and unrestricted use of each parties' property described at Exhibits 1 and 2 for parking access
and ingress and egress.Neither party shall erect or maintain or permit the erection or maintenance of any
physical barrier or impediment or deterrent to the unimpeded flow of consumer traffic without the express
written permission of the other party."
OlyCAP's 7'h and Hendricks Street affordable housing project will remove eight(8)parking spaces from the parking
inventory covered by the 1983 agreement. QFC has no objection to the removal of these eight parking spaces but
has requested that the agreement be formalized by amending the 1983 Agreement. Castle Hill Associates also agrees
with the removal of the eight parking spaces.The amendment is attached. Also attached is Exhibit 3,which is the
site plan for the"Ph and Hendricks Street project.
ANALYSIS:
The attached amendment to the 1983 agreement, agreed to by QFC and Castle Hill Associates,formalizes the
agreement regarding the eight parking spaces to be removed.The fully executed amendment will be recorded by the
Jefferson County Auditor.
FISCAL IMPACT:
This request has no fiscal impact.
RECOMMENDATION:
That the Board of County Commissioners approve the attached amendment to the 1983 parking access and ingress
and egress agreement.
REVIEWED BY: _.. -�
1 rTh
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Philip Morley, County Administrator Date
CONTRACT REVIEW FORM
CONTRACT WITH: Fred Meyer, DBA QFC & Castle Hill Assoc. TRACKING NO.:
(Contractor/Consultant)
CONTRACT FOR: Parking Easement Amendment TERM: Indefinite
COUNTY DEPARTMENT: Central Services
For More Information Contact: Mark McCauley
Contact Phone #: 360-385-9130
RETURN TO: Mark McCauley RETURN BY: ASAP
(Person in Department) (Date)
AMOUNT: None PROCESS: ❑ Exempt from Bid Process
❑ Consultant Selection Process
Revenue N/A ❑ Cooperative Purchase
Expenditure N/A ❑ Competitive Sealed Bid
Matching funds Required N/A ❑ Small Works Roster
Source(s) of Matching Funds N/A ❑ Vendor List Bid
❑ RFP or RFQ
• Other
Step 1 : REVIEW BY T
R ew by. �
`—/ Date e .
APPROVED FORM ❑ Returned f ision(See om s
Comments
Step 2: REVIEW BY PROSEC I ATTORNEY
Review by: . C: hilip C. Hunsucker
Date Reviewed: , Chief Civil Deputy Prosecuting Attorney
APPROVED AS O FORM turned for revision(See Comments)
Comments per.44 f
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK
MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit 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.)
'I 40•111110111110111111Milik
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Jefferson Title Company 0r ofF;Gtlt`t ----tf'—"'
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'83 err. 28 PM 3 :
AGRfEDlfi?i'f e 4 '° �
AGREEMENT made this 7.r day of December, I
r
and between KEVIN LARSON, a single man, of P 041i
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7 8,
Port Townsend, Washington 98368, her f •er a1001, . 1
"First Party", and A. KEITH UMW. ' and EC "°-I" W.
UDOENHtRG, husband and wife, of P.• ox 444 eig Harbor,
Washington 98335, hereinafter called 'arty".
WHEREAS, First Party i t.- owner of certain real
property located in Jefferson -un. ;, Washington, described
on attached Exhibit 1; wh h i n •r.- ated herein by
reference as thoug ull 12rt s and
WHEREAS, Seeo t-h owner of certain real
property located t . County, Washington, described
on the attached ibi 2 which is incorporated herein by
referent h l set forth: and
r- ; NY E. STROEDER and J. L'SLIE DONOVAN
may . 0_, • rit interest in that certain real property
loea Je son County, described on the attached
E t - e
E .AS, it is necessary that the parties set forth
a reams/As that shall affect the future use of the
a y described in attached Exhibits 1 and 2 and set
certain duties and responsibilities to the property
d to one another,
<,,,,t,,, ;)
NOW, THEREFORE, in consideration of the mutual agree-
ments herein contained, the parties covenant and agree for
-I-
183 4.473
4 Dee.28_1983 . ..... ....
owommomorwommi
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(:::1themselves, their heirs, successors and assigns f
I. PARKU4G EASEMENTS AND RICHT OF WAY 1
1. Each party agrees with the o a ,ithat'
parties' tenants and lice ees 3 'tees , em-
ployees and patrons shale ve fr nd unres-
tricted use of each part s..., rop t described
at Exhibits I and 2 for par ess and for
ingress end afire either party shall erect
or maintain or permit he erection or maintenance
of any physical • o iment or deterrent
to the mm ensumer traffic without
the express • :it p--emission of the other
party.
II. ) TEN E O MEAT AND RIGHT OF WAY AND
ti.140ib. ded for in that certain agreement be-
ties made January 22, 1980, and recorded
•`tiiciNoirson County, Washington, Auditor's File No.
• 17S, each party shall be responsible for the cost
a 4., tructidn and maintenance of all parking areas
d right of ways owned by said party.
2KEHT RING
n WITH THE .LAND-
f The reciprocal easements hereby granted, restrictions
J °,, hereby y imposed and agreements herein contained shall
'" be easements, restrictions and covenants running
*"::2)
.r' with the land and shall adhere to the benefit of and
be binding upon the parties hereto and their respec-
• -2-
vat 183 41r.474
..Dec.282 I98] . .. ..__.. ....,
1
tine heirs, successors, and assigns incl rig l
subsequent owners of the property descr in
Exhibits 1 and 2 attach,.d hereto and all rso 1 I
claiming under them.
IN WITNESS WHEREOF, the parties have si•n=. ealed
this Agreement on the date ,first ab v itten.
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e. r.'rcl "Ii tiC'1 tu DENBE
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STATE i1 I ON )
SS
CO J RSON )
i
On s day personally apperaed before me :CEVIN LARSON to
be the individual described in and who executed the
wi in a foregoing instrument, and acknowledged that he signed
as his free and voluntary act and deed, for the uses and
( -s ses therein mentioned.
['`. 43I under my and official seal this l , day of
', ` .
r �4 y * Gt ems•„ , ..a a• I• "
IA . Wptary.Publio #n and for the'State
�, +
�')�s •,‘.1 of Washington, residing at
Port Townsend
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ra, 18 3 -4.,475
Da u„.28.,t-981 , ..._
......... ,..., 411111111.101160OSS
7
( STATE OF WASHINGTON )
n ) ss
COUNTY OF v ,,t44CA.. )
On this day personally appeared before me A. KEITH
UDDENBERG and EUGENIA M. UDDENBERG, to me known to be the'
individuals described in and who executed the within and
foregoing instrument and acknowledged to me that they
the same as their free and voluntary act and deed for
purposes therein mentioned.
+ •.., IVEN under my hand and of fic'.al seal this Al da 1
440. 4 . if ) ' tillit< N
Washingto ' re di at
( ././N\
STATE OT WASHINGTON ) e,\
COUNTY OF JEFFERSON ) ( O �~�,_.✓ '
On this day appeared be ANTHONY E. STROEUER,
personally and as attorney-in-fa J. LESLIE DONOVAN,
I
to me known to be the individ cr ad in and who exe-'
cuted the within and'faregoi g i tr and acknowledged
that he signed the same as i re n voluntary act and
deed for the purposes er o d.
GIVEN��y�r my h- c l seal this /y day
k �?t,.� #� f r 1 a
',.--
t vov
y�' , T.'�ri:/T is A nt an. or e " e '0
1. U3Lit,w:
j+„ ."/f..4* s, Hash ngton residing at Port Townsend.
•
WH ^E RECORDED
Kevin Larson
P.O. sox 758
Tort Townae r 1(:::....5 55
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Dec 4821983 .. N »... .. 4
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EXHIBIT 1
LARSON'S 'PROPERTT c 9 Blocks 237 and 238 Eisenbeis Addi io t acco ng to
Plat thereof recorded in Vol. 2 of Plat, e 4 records
of Jefferson County; the vacated portion 'ae Gra Street
lying between said Blocks 237 a 238; the ted portion i�CaVC�Ji�
of 6th Street lying North of s e , Eisenbeis Addition;
and all of Block C Eisenbeis Ad io except for that CI v Y
portion described on Exhibit 2 att he to this agreement '
and, except for the Westerly 1 ee o lock 237, the
Westerly 162 feet of said vac t of 6th Street, and
the Westerly 162 feet � "y
os�falo A
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(765
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EXEIBIT 2
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ODDENSERG'S PROP
That portion of Block C, Eisenbeis Ad4it ter with the
vacated portion of 6th Street adjacent thereto corded in
Vol. 2 of Plats, page 24, recto of Jefferson County Auditor,
and described as follows: Beg i at the monument at the ' 4
centerline of Sheridan Street 7t treet; thence South
01° 07' 45° East along the center " o Sheridan Street 248.03
feet; thence South 88° 52' 15" A" 1 . feet to the true
point of beginning/ thence S•, • 01 0 ' 45" East 276.00 feet;
thence South 88° 52' 15" Wes 0 f } ; thence South 01° 07'
45° East 69.00 feet; t , 8 2' 15" West 190.00 feet;
thence North 01° 07' 4 t'�3 5. feet; thence North 88°
52' 15° East 234.00 feet o ea point of beginning. 6.;;;;IM
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4 Dec.28,E 1983 _ . _ . ..