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HomeMy WebLinkAboutState of Washington Department of Game AGREEMENT THIS INDENTURE, made and entered into this C day of /i' D' 1 / 71 , by and between THE STATE OF WASHINGTON, THE DEPARTMENT OF GAME, hereinafter referred to as "the State", and JEYY RSON COUNTY, WASHINGTON, hereinafter referred to as "the County". WITNESSETH That for and in consideration of the covenants and agreements contained erein, the State does hereby permit the County the use of the following descr.o d prem- ises, situated in JEFFERSON COUNTY, STATE OF WASHINGTON, to-wit: Township 24 North, Range 12 West W.M. , Section 19 That portion of the South half (SZ) of the South half (S2) of the Northwest quarter (NW1 ) of the Northeast quarter (NE,',) lying North and West of Hurst Creek. SUBJECT TO THE FOLLOWING MUTUALLY AGREED TERMS AND CONDITIONS: 1. TERM: The term of this agreement shall be Twenty-five (25) years, beginning ^f.j , and ending )4 je., , v 2. RENEWAL: At the end of the term, the County shall have the option to renew this agreement for an additional Fifteen (15) year period, wit the provision that the State reserves the right to review past use . d management and make reasonable and warranted changes in terms and c• ,- ditions. 3. RENTAL: A cash rental is not required. In lieu of rental, the Coumy agrees to provide copies of any recreational studies and/or reports involving the premises to the State, pay any tax or assessment Levi-a on the premises, and to permit public overnight camping on the premises during all general, permit controlled, or bow and arrow elk seasons. 4. PURPOSE OF AGREEMENT: The County is granted the right to use and m. age the premises as a site for public recreational activities, incluo. _ but not limited to the following: (a) Vehicle parking (b) Picnicking (c) Playground activities (d) Fishing 5. RIGHT TO IMPROVE PEnaSES: The County shall have the right to remov:• brush, landscape, maintain roads, construct trails, shelters, picnic tables, fireplaces, restrooms, playground equipment, and fences in (Dicier to develop a day-use area; and to post signs necessary to guide and direct recreational users. The County shall submit development plans to the State for review and approval before construction of any and all facilities on the premises and shall not proceed with such developments until written approval is given by the State. 6. MAINTENANCE OF PREMISES: The Co unty shall maintain all facilities d developments on the premises, including the vehicle parking area. VOL Aruc 01959 ' AGREEMENT - page 2 DEPARTMENT OF GAME/JEFFERSON COUNTY 7. RESTRICTIONS OF USE: The following restrictions of use shall prevail: a. The premises shall be available to the public, without charge. b. The County shall pay all charges for utilities incurred in use and occupancy of the premises and shall suffer or permit no liens or assessments to attach to the premises. c. The County shall not permit commercial use of any kind. 8. COMPLIANCE - OTHER AGENCIES AND LAWS: The County shall comply with all laws and all rules and regulations made there under by other agencies and government jurisdictions pertaining to public safety, health, sanitation, fire, fire abatement, building codes, and shoreline management. The County shall permit no unlawful acts or activities to be committed on the p emises by its agents, permittees, or licensees. 9. ASSIGNMENT: The County may invite the public to enter upon and use the premises for recreational purposes in accordance with paragraph 7, . d may assign any or all granted rights and privileges to the Clearwater-Ka aloch Lions Club. 10. SURRENDER OF PREMISES: In the event of cancellation of this agreeme t by either party, as herein provided, and at termination of this agreeme t, the County shall vacate and deliver up the premises in as good or better condition as at time of occupancy, reasonable wear and tear and damage by the :lements spec fiea lly excepted. Upon cancellation or termination, the County shall have the right for a period of One (1) year from the date of notice of - cellation or termination to remove all facilities constructed by the County f .m the premises. Any such facilities not removed by the County at the end .f the removal period become the property of the State, without further pro•ess. 11. CANCELLATION: In the event the County fails to maintain a public rew eational park on the lands herein described for a period of Four (4) continuo c years or, if the County's interest therein is assigned, transferred, or c., veyed to any other person, corporation, or organization, without prior approv.'l of the State, or in the event substantial commercial development is allowed or per- mitted upon such lands, the State shall notify, by certified mail, t County that a violation has occurred in connection with the use of s property, which violation, if not corrected, will result in the void.' of this conveyance. If such violation is not corrected within 180 days .f the mailing of such notice, this conveyance shall be deemed void, and th- rights conveyed herein shall automatically revert to the State, without the iecessity of further legal action. 12. LIABITTI?: The County agrees to release, indemnify, and hold harmles. the State, its officers, agents, and employees, of any liability on acco l t of any and all damages, claims for damages, injury to person(s) or p ..erty, by whomsoever made and of any nature whatsoever, arising out of or in any way connected with exercise of the privileges granted by this agreement or caused by cr connected with use by the public of the lands herein des abed for hunting, fishing, and other recreational purposes. VOL 4 FAU' 0 1960 ! . i ,AGREEKENT - page 3 DEPARTMENT OF GAME/JEFFERSON COUNTY IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as below subscribed. THE STATE OF Tal'INe ON, THE DEPARTMENT OF GAME ,- ,,Th .,,--1,-...,' -.>--$1, /".; 2(:) By '' nate , lalph W. TArson, Director ,,,,,/ BOARD OF COMMISSIONERS, JEFYERSON COUNTY, WASHINGTON i 1, (I/ i 4i i 1) (1 1 ( , i . Date Carroll M. Mercer, Chairman /6) 9-/,14 z7TP/A - //' ( c 1(//4t4* /24...„-!-- Date A. M. ' eara, Commissioner ',., - . 1 ' .. i - •‘ ..:.,A e / . 7..'ICWitst.e.ArJei .r A.. • . ' ) . m Date B. C. Brown, Commissiopet,,, ., , • ..,''' AiTEST: APPROVED AS TO FORM: A 4. / 1-- /674' JEREMY RAgDOLPH, pros. Atty. county4 -_/1e,e2/441,4-71...-- itor a ex officio Clerk of the BY: Boi of County Commissioners Chief Deputy Pros. Atty. VOL 4 im,,E 0 1961 iis. Y ' • ..ems 1 ! fi DC.PAQTM�N7 OF GAME • <. R CLEARWATER CABIN SEC. i9 , T 24N , a. tl ;nl ,Wti, 11. - 4 -?4 i" = iao• PAD . t • NOT Q2 EL,r..N.1 h.1A I ( SUR.V EY iNO PROPERZY c:02+a:7-c&- EST0,,3L1;64ED • Ca C. E � W a ' -1 •• t OLD FE N C / '""------r - :--_- .' . x--x-x X. x s--�--x -- - --- -- --- I - ' .////: . • S %z , S,1?. Raurox. 1.5 acres N.W ;'4 ,N t ;=. c [/ . i wASER i r ; r TANK �� f .� i CZM�' i # GAnAE DEBT z-- i . ' .- 4"Ilk r I. I • • t , GALL . ; ' I � , VOL 4 FArc 01962 } I M4i� AM"a •,'• r — �Y • w4'+ir+. :�y �.`.... rr ri4C oz sm•. a �: • A wb .. t. S Y: #.►tiiir . « "' 7As:—.=. ate' i r a.' i01-",w 'r ►i r. cc i .: . .- i:••4.,;-•ry ,+5,,»t R 4i .Yts .#= ,t,k.k ' •.< CwettESaKArEc !moot 1• 4000 gc avian r k;♦ , 2 SOiitii iititixd llt fib.WASIttr TON.9115:2 t4t^c'F 753-6 3=.� i. Deocrzber3 196.4 3 ' - •. - . ,,,;,,-. -•A_ ... .•..: :. -.,-. ,--3, .�••v-,.=` -r.�'� � . ►• .-� •- it 13z��!�� - _ r 1 ... .y The f.onortle Victor A. Meyers i. . . 5.:cratary. G; Stet: - . . -- - Is I" �.,� • C?;�:fiz, Vrels:L#c,toa Lear Si:: - •• Tr.,i 4tt►te PrIrks urd !-creation Co.mr.insion, at the regular r.,ec:tin: of i .arch 17, i'2 S by :notion duly seconded and carried, transferred iurisdicri..n. of cer.zin r,;a1 property ryes:riocd as t4.; P ly.., ` , • 7 � ,L 4a•'• ..•.- ': - -t' i• -s��at_ .•••� -..•.._ :.,._.,-._at..._T. vuu.•. 1/2 •.,1 t}:: .: 1u.ii 1/2 cx . 1:; •:►..... ..:•f 1, G. ..... .,...u.:•... . 1/4, Section i 9, ioi'."'1:,1 ip 24 l'clrth, I.: j:ge 12 West `.'.'.:.s., yo- r file 4'141, to the State of Vic,:ii r:jlon, Dcpz-rcri t 'f Cone. v5`iI you ki.dtl' rn',Ake', `t.`rD3 r nC:r_:ians on your r''.^•ordr.. .. Sincerely, 4 ♦. • - Y Ralph F. j i f14t�s IrIf.�7i efr i�:. .�.tcZ:.t R a•ej `) , v _ �-` s xcc�,paro -- • �� � � �,. Wiv t t ' _ , E' -- om y,_.4rors 'LP' r P•' . '"' I t rr ,W...4:1 4 • 4• . f _ -1^'.`•` . I. r . • .. . ` • - wf►`. J _ ` 1 r ,. . .... ,... �, ....... .�-..., r; }. s,. .a ter+ • +y`;. } a 'y_ ti • N _ '•« -- ••••.• .•. S" • i i V Yt' may, i.'y . . • • • ,.. t,._rr ^^CC -ia... e.+.,.esw.si 'a.v.• { .• - , b a.Y•-_OZ s fr:.'se..r7. ... . .:x4..',r• a III''''' '.'"), u- VOL � cE 01963 `.s.�,:.�.» • \\T-A 10 R A :\t• 'f ,.' I)EL :'at.-oI Cabins — C„._ _:vat or estate ParksLEGAL FILE COPY ilrt.-_-.,11.., . .# Jefferson Co. �j •` 12-0001 „r•uf,fl ir, r onstit,ruti•,, „I. \ „„_, o��,. q�;,i1 \�.ce. R�a.G,\\y1� ( `�R\ . . • t ,rf Ii,i d Paid, C(ttltl�Y_"1 .. :(1 , U'(Irf,lriL! L.. C'\k 4,%4` _�`�1 �• - `ti \a�►r.S��->C tz.,V.` ,.\ \'•zY.,,',c _ ...... 110. f„i,u i nq pl -ly1N',1 t','4i I'`,tter, Slirttt<<41 trt the t:(?rir, y l,f. .S : S.`1 .\r. C_:.Q i1 ttRltinr tort:_ . ,�C �"' s'-, C 1ky 5.1 _ r Z� 3� �+, b \`►1./: ._ titX , r.)'%.* *-\\t'. - - \.< Nt V"- .k.‘(‘‘t‘'l\ L\ -.% ,,,,,\-- \i-".......‘7. \\\ '‘*;\1:\I%-.‘ "*....1 %\..'"--\L'c . ><ti; r, Y • , 4.. i } s H_ • • f a '` 1 !ti ) - A-. t' ai..S.C- ci A ,._. ? .)G""CZ;;:•ft. . _ . .... . . IS:, ,1: It 4. 11:_ f •/ , i� r • , . .. . .. .... _...____.- Ihral1 y 31.E 1 VOL 4 FACE 01964 . STATE o ° STATE OF WASHINGTON DEPARTMENT OF GAME . 600 North Capitol Way/Olympia,Washington 98504 206/753-5700 ���is89 a°' Dixy Lee Ray Governor January 24, 1979 Clearwater Patrol Cabin REBEGUI gri JAN 2 5 1970 JEFFERSON COUNTY Jefferson County Commissioners BOARD OF COMMISSIONERS County Courthouse Port Townsend, Washington 98368 Gentlemen: Enclosed is a fully executed copy of the agree- ment between the State of Washington, The Department of Game and Jefferson County. The agreement was approved at our last Game Commission meeting, January 9, 1979, in Yakima. Please call if you have any questions. Very truly yours, THE EPARTMENT 0 GAME ndy El s n Lands order Admini rative Services Division RE:hy Enclosure cc: Robert H. Barnard Assistant Chief - Lands 1 B Jefferson County Commissioners r4./i' COURTHOUSE PORT TOWNSEN D, WASHINGTON 98368 For f I fir ii CARROLL M. MERCER, DISTRICT 3, CHAIRMAN I��,. ,t, ` A. M. O'MEARA, DISTRICT 7 ,Er B. 6. BROWN, DISTRICT 2 04. October 12, 1978 Department of Game P.O. Box 44 Aberdeen, Washington 98502 Dear Sir, Enclosed herewith is a copy of the Agreement by and between the State of Washington, the Department of Game, and Jefferson County, signed on October 10:, 1978 . Please return to us a fully executed copy of this agreement. Very truly yours, JEFFERSON COUNTY BOARD OF COMMISSIONERS Carroll M. Mercer, Chairman . . 0 Me a, Member AMO:ky Enclosure I Jefferson County Commissioners �.- , <<i iiil COURTHOUSE 7 • f-a N' ` 3ti 1 ;� PORT TOWNSEND, WASHINOTON 9836B ` �y T. r .1 ..t-„--- —P, ,,,,,,, CARROLL M. MERCER, DISTRICT 3, CHAIRMAN y * �� -' ,,r - A. M. O'MEARA, DISTRICT 1 `' i B. G. BROWN, DISTRICT 2 r_ , ,,+ .r. v iv mg It *�._ September 15, 1978 ._ . Mr. Harte Penttila Regional Environmentalist Department of Game P.O. Box 44 Aberdeen, Washington 98520 Dear Mr. Penttila; Attached hereto is a copy of a letter dated July 27, 1978 , to which we have received no response. We would appreciate an answer at your earliest convenience, as the Clearwater-Kalaloch Lions Club would like to start on this project as soon as possible. Very truly yours, C,mot `j Ua_ c? .M. O'Me Y' , Meer Board of County Commissioners jb Jefferson County Commissioners ,•.: it, COURTHOUSE ;•I 1P7 ' PORT TOWNSEND, WASHINGTON 913368 r - tiz a !% Ir ) CARROLL M. MERCER, DISTRICT 3, CHAIRMAN c 1 r �•2''.' r A. M. O'MEARA, DISTRICT 1 1 .Y B. G. BROWN, DISTRICT 2 tr July 27 , 1978 Mr. Harte Penttila Regional Environmentalist Department of Game P. O. Box 44 Aberdeen, Washington 98520 Dear Mr. Penttila : The Board of Jefferson County Commissioners has received a request from the Clearwater-Kalaloch Lions Club proposing to develop a picnic area on a portion of the Hurst Creek Site. Refer to the enclosed letters. Please advise us whether or not this site could be leased to Jefferson County, what the conditions would be, how much property is involved and a description of the area. Very truly yours , BOARD OF COMMISSIONERS JEFFERSON COUNTY g1( A. M. O Meara, Member AMO:dl 2 enclosures -, STATE OF DEPARTMENT OF GAME r ; ,`_" WASHINGTON ;4 3 Dixy Lee Ray P. 0. Box 44 Governor Aberdeen, Washington 98520 July 19, 1978 Otis Hay, President RE @ E gWg] Clearwater-Kalaloch Lions Club v Star Route Box 1750 1978 Forks, WA 98331 JUL 2 7 Dear Mr. Hay: JEFFERSON COUNTY BOARD OF COMMISSIONERS I have had further discussions with Ken Lehrman, Property Management Supervisor, ' about your proposal to develop a picnic area on the Hurst Creek Site. 1 As I mentioned before, our major concern is over assumption of liability for any number of losses or injuries that could occur as a result of the public using such a development. Losses of timber on adjoining lands due to a fire starting on the Hurst Creek Tract; illness resulting from use of water from any well that might not meet state hFalth standards, and bodily injury resulting from use of any facilities are sore examples of losses or injury for which the Department will not assume any liability under a Land Use Agreement. Mr. Gehrran has pointed out that probably the only acceptable solution to the liability issue is for your group to discuss your plans with Jefferson County with the idea of having the county, as a governmental entity, acquire use of the tract and thereby assume all liability. The county could then assign to Lions the development rights on any construction acceptable to the Department of Game. The Junior Chamber of Coerce at Onalaska in Lewis County followed this procedure in acquiring use of a Department-owned mill pond site for a public picnic and play area. The Department would also require, as pointed out before, that the Hurst Creek Site be open to general public use throughout the year, and particularly during the hunting season. You will recall that the original deed to the state provided that the entire 10-acre tract be used as a "public campground". In conclusion, we recommend that the next step in this matter be a contact between your group and the county in reference to the above concerns. We will appreciate being kept advised of your progress toward what we consider a very worthwhile goal. Sincerely yours, THE DEPF cTT T OF CAl% / .,'2,..__ arte Pen it 1 Regional,environmental i st r i1r:m cc: Hosea, B. Smith GIs s er, Gehrman �:- �� Clearwater-Kalaloch Lions Club 1"'ealet” Star Route 1, Box 1750 Forks, Washington 98331 • President Secretary Otis Hay Ron Larson 1 June 28, 1978 Mr. Harte E. Penttila Regional Environmentalist Department of Game 905 East Heron P.O. Box 102 • Aberdeen, Wash. 98520 Dear Mr. Penttila, The newly chartered Clearwater-Kalaloch Lions Club has assigned a top priority to establishing a day use picnic and play area for residents of our community and the public at large. In our search for a suitable area the property owned by your department on Hurst Creek is the only one we rated high. The specific portion we would like to develop is that area bounded on the south and east by Hurst Creek, on the west by the Jefferson County road, and on the north by the property recently purchased by Mr. Gene Park. Our prime purpose is to develop an area to hold community related activities such as picnics , playground, open air meetings, etc. It is envisioned that some portion of the traveling public would enjoy it as a roadside rest area. We realize there Ore many details to be considered and finalized prior to approval. We would welcome an opportunity to meet with you and discuss this further. Sincerely, tf� Otis Hay, Pre�1nent 'STATE STATE OF DEPARTMENT OF GAME 0 .Q =z', WASHINGTON _ x P. 0. Box 44 OCT 101918 ty i1889 oy Dixy Lee Ray Governor Aberdeen, Washington 98520 JEFFERSON CUUNrY BOARD OF COMMISSIONERS October 5, 1978 Board of Commissioners D RE- FS EIE ._ Jefferson County 0 C T 101970 Carroll M. Mercer, Dist. 3, Chairman A. M. O'Meara, Dist. 1 B. G. Brown, Dist. 2 JEFFERSON COUNTY Courthouse BOARD OF COMMISSIONERS Port Townsend, WA 98368 Gentlemen: The attached rough draft of Agreement involving proposed development of certain Department Lands by the Clearwater-Kalaloch Lions Club is sub- mitted for your review. The tract in question is about 1. 5 acres and includes a centrally located gravel-surfaced parking area, bordered on the north by a clump of spruce and alder trees and on the south by grassy open space. An attractive gravel bar is exposed when Hurst Creek drops to summer levels. We have had difficulty conLvolling public use of this tract because of its rather remote location; and quite recently had some old car bodies removed from it. You will note that in paragraph 3 (Rentals) of the Agreement draft we have included overnight camping by elk hunters. Elk hunters had apparently used the tract for many years before we attempted to close it to their use in response to a citizen complaint. We were then reminded that the original deed to the State (copy attached) provided that the total 10-acre tract was to be used for a "public campground". Therefore, to at least fulfill partially the provision of the original deed, we want to provide for overnight camping by elk hunters. We have no record of how many hunter camps occupied the tract in the past, but undoubtedly is a popular camp area during the elk season. Installation of appropriate signs and garbage cans would probably do much to alleviate littering during the elk season. Elk hunter use is the only night use of the tract that would concern the Depar'Lnent; and being very familiar with the vandalism, littering, and related problems resulting from permitting general overnight use on similar areas, we recommend that the development pro- posal include measures to adequately control other night use of the tract. There may eventually be need for some seasonal control of daytime use also to protect any developed facilities, but hopefully Lions Club resolve to make this thing work, and growing community interest and pride in the project would tend to minimize misuse of the project in its early stages of development. We feel that the Lions Club proposal is a very worthy one, and that the Hurst Creek Tract is well suited for the project. 3 Page 2. 11 Please review the Agreement draft and submit continents to this office. Ken Gehrman, Property Management Supervisor, will then provide the final copy for your signatures. We hope that this Agreement, like our Lake Leland Agreement,will prove beneficial to both Jefferson County and the Department. Thank you for your interest and your cooperation. Sincerely, 'DEP OF e E. entt la / Regio Environmentalist HP:cm cc: Hosea Musser Gehrman Hay, Otis