HomeMy WebLinkAbout022822ca10 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, Interim County Administrator
DATE: February 28,2022
SUBJECT: Request Board of County Commissioners approval of an Easement
for Utilities for OlyCAP's 7th Hendricks affordable housing project
STATEMENT OF ISSUE:
TaxParcel Hendricks GP LLC owns the real property known as Assessor's No.948-323-702(the 7th Hendricks
Property),havingpurchased the roe from the Countyon October 7 2021.The Countyowns certain real property
P Y), property rtY P P rh'
contiguous and adjacent to the 7th Hendricks Property(the County Property). 7th Hendricks discovered while
developing the property that certain public water,power and fiber optic lines(Utility Lines)serving the County
Property were located on,under or above the 7th Hendricks Property.
7th Hendricks and the County wanted the Utility Lines relocated so as not to interfere with the development of the 7th
Hendricks property and to facilitate future access by the County.An easement to achieve these goals is necessary.
ANALYSIS:
The attached Easement for Utilities gives the County the right to relocate,maintain,repair or replace the Utility Lines
on the 7th Hendricks Property subject to certain conditions.
FISCAL IMPACT:
This request has no fiscal impact.
RECOMMENDATION:
That the Board of County Commissioners approve the attached Easement for Utilities.
REVI ED BY:
fidZIk
Mark McCa , Interim County A mis for Date
EASEMENT FOR UTILITIES
This Easement for Utilities(this Easement)is made by and between Jefferson County, a political
subdivision under the laws of the State of Washington ("the County")and 7th Hendricks GP LLC, a
Washington limited liability company("7th Hendricks"). For purposes of this Easement, the
County and 7th Hendricks may collectively be referred to for convenience as the parties or,
individually, as a party.
RECITALS:
A. 7th Hendricks owns the real property known as Jefferson County Assessor's Tax
Parcel No. 948-323-702 (the 7th Hendricks Property), having purchased the 7th Hendricks Property
from the County on October 7, 2021.
B. County owns certain real property contiguous to and adjacent to the 7th Hendricks
Property(the County Property).
C. 7th Hendricks is in the process of developing the 7th Hendricks Property and discovered
that certain public water supply lines and private power/fiber optic lines(collectively,the Utility Lines)serving
the County Property are located on,under or across the 7th Hendricks Property.
D. 7th Henricks wants the Utility Lines relocated, so that the Utility Lines do not interfere
with 7th Hendricks' construction activities and the County plans to relocate the Utility Lines to the
portion of the 7th Hendricks Property immediately adjacent to the County Property.
E. 7th Hendricks through this Easement authorizes the use of the 7th Hendricks Property
for the purposes stated in Section 2.
NOW THEREFORE, in consideration of the above recitals and the terms and conditions
contained in this Easement,the parties agree as follows:
1. GRANT AND LOCATION OF EASEMENT. 7th Hendricks hereby grants and
conveys to the County, its successors and assigns, a nonexclusive utility easement with immediate
right of entry and continued access over, under, and across the real property legally described on
Exhibit "A" and depicted on Exhibit`B" (easement area) as the overhead power line (red line), the
underground fiber optic line (yellow line), and the underground water line (blue line). Exhibit "A"
and Exhibit`B"which are attached to this Easement and are incorporated by reference.
2. PURPOSE OF EASEMENT. The purpose of this Easement is for the relocation,
maintenance, and repair of the Utility Lines.
3. MAINTENANCE, REPAIR & REPLACEMENT OF UTILITY LINES ON
THE 7TH HENDRICKS PROPERTY. In using the 7th Hendricks Property for the location of the
Utility Lines after relocation,the County shall have the right to maintain,repair,or replace the Utility
lines on the 7th Hendricks' Property. In maintaining,repairing or replacing the Utility Lines after the
relocation, the County shall use the 7'h Henricks Property in a manner so as to not create a hazard to
persons or property or violate any law. In addition, the County shall repair any damage to the 7th
Hendricks Property caused during its maintenance, repair or replacement of the Utility Lines on the
7th Hendricks Property. In the event that the County fails to repair any damage to the 7th Hendricks
Property caused during its maintenance, repair or replacement of the Utility Lines on the 7th
Easement for Utilities Page 1 of 7
Hendricks Property to the satisfaction of 7th Hendricks, 7th Hendricks may at its sole option and
discretion,perform any required repair and the County shall reimburse 7th Hendricks the cost of such
repair within 30 days of receiving notice and invoice detailing the cost of such repair from 7th
Hendricks.
4. INDEMNIFICATION AND INSURANCE.
a. Duty to Indemnify: The County shall indemnify,defend and hold harmless 7th
Hendricks, its members, directors, officers, agents, employees or volunteers
for any damages or liability to persons or property that may arise from or by
reason of the County's activities permitted under this Easement. However,the
County shall not be required to indemnify, defend, or hold 7th Hendricks or
any of its members, directors, officers, agents, employees or volunteers
harmless if the claim, damage, loss or expense for personal injury, for any
bodily injury,sickness,disease or death or for any damage to or destruction of
any property (including the loss of use resulting therefrom) is caused by the
sole act or omission of 7th Hendricks or its officers, officials, employees,
agents or volunteers. In the event of any concurrent act or omission of the
parties and their officers, officials, employees, agents and volunteers,
negligent or otherwise, these indemnity provisions shall be valid and
enforceable only to the extent of the comparative liability of each party and its
officers, officials, employees, agents or volunteers. The parties agree to
maintain a consolidated defense to claims made against them and to reserve
all indemnity claims against each other until after liability to the claimant and
damages, if any, are adjudicated. If any claim is resolved by voluntary
settlement and the parties cannot agree upon apportionment of damages and
defense costs,they shall submit apportionment to binding arbitration.
• During the term of this Easement,the Cou
nty agrees
b. Insurance Requirements: u g
q g
to maintain commercial general liability coverage naming 7th Hendricks as an
additional insured in combined single limit coverage, occurrence form, of not
less than ONE MILLION, FIVE HUNDRED THOUSAND DOLLARS
($1,500,000.00),and which is primary to any policy which 7th Hendricks may
carry. The County shall provide 7th Hendricks acopy or satisfactory evidence
that this policy has been purchased and is in effect. The County shall send 7th
Hendricks notice of any cancellation at least thirty(30)days prior to cancelling
the insurance policy. Any coverage for the County by may be provided by a
"Risk Pool" created pursuant to Ch. 48.62 RCW. The parties' insurers shall
have no right of recovery or subrogation against a party, its officers, officials,
employees,agents and volunteers(and their marital communities), it being the
intention of the parties that the insurance policies so affected shall protect all
the parties and shall be primary coverage for all losses covered by the parties'
insurance.
c. Waiver by the County: The County waives all rights of recovery against 7th
Hendricks, its members, directors, officers, agents, and employees for loss or
damage to the County's equipment or property which may at times be located
upon the 7th Hendricks Property under this Easement. This waiver includes
any loss or damages resulting from fire or other causes normally covered by
Easement for Utilities Page 2 of 7
fire and extended coverage insurance,regardless of whether the loss or damage
is due to negligence or otherwise,to the extent insurance proceeds are actually
obtained from third party insurance companies or risk pools.
5. USE OF SURFACE ABOVE UTILITY LINES AND REQUIREMENT TO
REPAIR IF USE DAMAGES UTILITY LINES. 7th Hendricks may use the surface above the
Easement, PROVIDED that its use does not interfere with or cause damage to the Utility Lines and
appurtenant structures, PROVIDED FURTHER that prior to constructing any building or planting
any trees within the Easement, 7th Hendricks shall obtain the written consent of the County, which
consent shall not be unreasonably withheld. 7th Hendricks may grant other non-exclusive easement
rights in and to the Easement;PROVIDED,however,that no other utility pipe, line,or structure shall
be located closer than five (5) feet parallel to the County's utility pipe, water main, and/or
appurtenances; and, PROVIDED FURTHER, that prior to installation of any utility pipe, line, or
structure that crosses the Easement, 7th Hendricks shall obtain the written consent of the County,
which consent shall not be unreasonably withheld. If, in exercising any right to use the surface above
the Easement or grant other easements, the Easement is disturbed, 7th Hendricks shall return the
Easement to its condition prior to its disruption, at 7th Hendricks's sole cost and expense.
6. DISPUTES. The parties agree to use their best efforts to prevent and resolve disputes
before they escalate into claims or legal actions. Any legal action shall be initiated in the Superior
Court of the State of Washington for Jefferson County. In the event that either party commences a
court action concerning the enforcement or interpretation of the terms of this Easement, then the
substantially prevailing party in such litigation shall be entitled to recover its reasonable attorney fees
and litigation expenses. The parties agree that all questions shall be resolved by application of
Washington law and that the parties have the right of appeal from such decisions of the Superior
Court in accordance with the laws of the State of Washington.
7. RECORDING. This Easement shall be recorded by the County and shall be indexed
against the 7th Hendricks Property and the County Property.
8. SUCCESSOR AND ASSIGNS. This Easement shall run with the property and be
binding on the parties,their successors, and assigns.
9. AUTHORIZATION TO SIGN. The persons signing this Easement on behalf of the
parties represent and warrant that they have authority to sign this document and bind that party.
10. EFFECTIVE DATE. This Easement is effective on the date the last party signs it.
//signatures on the following pages//
Easement for Utilities Page 3 of 7
-COUNTY SIGNATURE AND NOTARY PAGE-
JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson County, Washington
By:
Heidi Eisenhour, Chair Date
STATE OF WASHINGTON )
) ss
County of Jefferson )
On this day of , 2022, before me, a Notary Public in and for said State,
personally appeared Heidi Eisenhour,known to me to be the person whose name is subscribed to
the within instrument and acknowledged that she executed the same for the purposes therein
contained.
Notary Public for Washington
Residing at
Commission Expires
Approved as to form only:
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Easement for Utilities Page 4 of 7
-7TH HENDRICKS SIGNATURE AND NOTARY PAGE-
7TH HENDRICKS GP LLC,
a Washington limited liability company
By: Olympic Community Action Programs, a Washington public benefit corporation,
its Manager
By:
Cherish Cronmiller, Executive Director
On this day of , 2022, before me, a Notary Public in and for said State,
personally appeared Cherish Cronmiller,known to me to be the person whose name is subscribed to
the within instrument and acknowledged that she executed the same for the purposes therein
contained.
NotaryPublic for Washington
Residing at
Commission Expires
Easement for Utilities Page 5 of 7
EXHIBIT A
Tax Parcel Number 948-323-702
Legal Description Lots 1, 2, 7 and 8, in Block 237, of the Supplemental Plat of the
Eisenbeis Addition to the City of Port Townsend,as per plat recorded
in Volume 2 of Plats, page 24, records of Jefferson County,
Washington;
TOGETHER WITH the West half of vacated Grant Street adjoining,
pursuant to Ordinance#1764.
EXCEPT that portion,if any,lying Southerly of the North 100 feet of
said Block 237.
Situate in the Count of Jefferson, State of Washington.
Easement for Utilities Page 6 of 7
EXHIBIT B
Easement for Utilities Page 7 of 7
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