HomeMy WebLinkAboutTemporary easement WSDOT Department of Public Works
O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, Public Works Director/County Enginee�
Agenda Date: April 10, 2023
Subject: Grant of Temporary Easement to Washington State Dept of
Transportation for Temporary Use of County Right-of-Way for
SR104 Roundabout Project
Statement of Issue: Public Works staff requests approval of the attached Temporary
Easement to Washington State Department of Transportation (WSDOT) for temporary
use of the southernmost approximately 110 feet of the County's Paradise Bay Road
right-of-way plus another approximately 3000 square feet of County property just to
the east of that right-of-way. WSDOT intends to use the site as a construction staging
area during the SR104 roundabout project. The term of the Temporary Easement is
from the date of acceptance by WSDOT to December 31, 2025.
Analysis/Strategic Goals/Pro's Et Con's: The Temporary Easement assists WSDOT
during its SR104 roundabout project. When reasonably feasible, cooperation on
projects between the County and WSDOT is always desirable.
Fiscal Impact/Cost Benefit Analysis: There is no fiscal impact to the grant of this
Temporary Easement.
Recommendation: The Board is requested to sign the attached Temporary Easement
and return it to Public Works for further processing.
Department Contact: Colette Kostelec, P.E., Right-of-Way Representative, 385-9218.
Review By:
Mark McCauley, County Administra or Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington State Dept of Transportation Contract No: F/V Z�x5
Contract For: Temporary Easement Term: From License execution through 12/31/2025
COUNTY DEPARTMENT: Public Works
Contact Person: Colette Kostelec
Contact Phone: 360-385-9218
Contact email: ckostelec@co.jefferson.wa.us
AMOUNT: $o PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj ✓ Other: request from WSDOT
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES CO PLIANC WITH JC 55.080 AND CHA R 4 .23 RCW.
CERTIFIED: ❑ N/A:
Signature to
STEP 2: DEPARTMENT CERTIFIES THE PERSO PRgPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN ARRE BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: ❑ N/A: R
ature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
L,,,feectronically approved by Risk Management on 4/3/2023.
Seems low risk. Doubt that the state would change the language.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
lectronically approved as to form by PAO on 3/29/2023.
Approved as to form. Non-standard indeminty language. State AG
approved indemnity langauge. Risk management decision whether to
accept State's language.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
I
After recording return document to:
State of Washington
Department of Transportation
Real Estate Services Office
P O Box 47338
Olympia WA 98504-7338
Document Title: Temporary Easement
Reference Number of Related Document: N/A
Grantor(s): Jefferson County,a political subdivision of the State of Washington
Grantee(s): State of Washington,acting by and through its Department of
Transportation
Legal Description: Ptn S 35,T 28N,R 1E,W.M.;
Additional Legal Description is on Page 5 of Document.
TEMPORARY EASEMENT
State Route 104, Paradise Bay to Shine Rd Intersection Safety Improvements
The Grantor(s), JEFFERSON COUNTY, a political subdivision of the State of
Washington, for and in consideration of the sum of TEN AND NO/100 ($10.00) Dollars, and
other valuable consideration, conveys and grants unto the State of Washington, acting by and
through its Department of Transportation, and its assigns, Grantee, under the imminent threat
of the Grantee's exercise of its right of Eminent Domain,the right,privilege and easement over,
upon, and across the hereinafter described lands for the purpose of all work associated with
construction of a roundabout.Activities within the Temporary Easement will consist of staging
construction equipment for intersection safety improvements.
Said lands being situated in Jefferson County, State of Washington, as described in
Exhibit A, attached hereto and made a part of.
FA No. 0104(061)
Project No. 310401D
RES-325 Page 1 of 5
10/2019
TEMPORARY EASEMENT
The term of this Temporary Easement shall commence on the date of acceptance of
this Temporary Easement by Grantee and shall terminate on December 31, 2025 hereinafter
the"Term".
The Grantee, for itself and its assigns, as part of the consideration hereof, does hereby
covenant and agree, as a covenant running with the land, that in the event facilities are
constructed, maintained, or otherwise operated on the property described in this easement for a
purpose for which a U.S. Department of Transportation activity, facility, or program is extended
or for another purpose involving the provision of similar services or benefits, the Grantee will
maintain and operate such facilities and services in compliance with all requirements imposed by
Title VI of the Civil Rights Act of 1964, 49 CFR Part 21, and 28 CFR section 50.3 (as may be
amended) such that no person on the grounds of race, color or national origin, will be excluded
from participation in, denied the benefits of, or be otherwise subjected to discrimination in the
use of said facilities
Grantee shall protect, defend, indemnify, and hold harmless Grantor and its successors
or assigns and employees, and authorized agents, while acting within the scope of their
employment as such, from any and all costs, claims,judgments, and /or awards of damages
(both to persons and/or property), arising out of,or in any way resulting from,Grantee's use of
the Premises as authorized herein. Grantee's use of the property includes Grantee's employees,
authorized agents, invitees, and contractors' use of the property. Grantee shall not be required
to indemnify, defend, or hold harmless Grantor if the claim, suit, or action for injuries, death,
or damages (both to persons and/or property) is caused by the sole negligence of the Grantor;
provided that if such claims, suits, or actions result from the concurrent negligence of. (a)the
Grantor, its successors or assigns,employees,authorized agents,invitees,or contractors and(b)
the Grantee, its employees, authorized agents, invitees or contractors, and/or involve those
actions covered by RCW 4.24.115,the indemnity provisions provided herein shall be valid and
enforceable only to the extent of the negligence of each Party, its employees,authorized agents,
invitees,and/or contractors.The Grantor and Grantee agree that each of their obligations under
this Defense and Indemnity obligation extend to any claim, demand, and/or cause of action
brought by, or on behalf of, any of its respective employees or agents while occupying the
Premises for any purpose. For this purpose, Grantor and Grantee, by MUTUAL
NEGOTIATION, hereby waive with respect to the other Party only, any immunity that would
otherwise be available to it against such claims under the Industrial Insurance provisions
chapter 51.12 RCW. The defense, indemnification and WAIVER provisions contained in this
Section shall survive the termination or expiration of this easement.
It is understood and agreed that delivery of this temporary easement is hereby tendered
RES-325 Page 2 of 5 Parcel No.
TEMPORARY EASEMENT
and that the terms and obligations hereof shall not become binding upon the State of
Washington unless and until accepted and approved hereon in writing for the State of
Washington, by and through its Department of Transportation, by its authorized agent.
Approved this of 2023 by the Jefferson County Board of
County Commissioners.
GRANTOR: Jefferson County Approved as to form only:
Board of County Commissioners
Jefferson County,Washington ( t R
L'
By: By: !�i" March 29, 2023
Greg Brotherton,Chair Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
State of Washington
County of Jefferson
This record was acknowledged before me on , by Greg
Brotherton as the Chair of the Jefferson County Board of County Commissioners.
Notary Public in and for the State of Washington.
My Commission Expires
RES-325 Page 3 of 5 Parcel No.
TEMPORARY EASEMENT
Accepted and Approved
STATE OF WASHINGTON
Department of Transportation
By:
Cyndi Booze
Olympic Region Real Estate
Services Manager
Date:
RES-325 Page 4 of 5 Parcel No.
TEMPORARY EASEMENT
EXHIBIT A
All that portion of the hereinafter described Parcel "A"lying within a tract of land beginning
at a point opposite Highway Engineer's Station (hereinafter referred to as HES)Paradise Bay
Rd 10+76.56 on the Paradise Bay Rd line survey of SR 104, Paradise Bay to Shine Rd
Intersection Safety Improvements and 40 feet Northwesterly therefrom;thence Northeasterly,
parallel with said line survey to a point opposite HES Paradise Bay Rd 11+86.53 thereon;
thence Southeasterly to a point opposite HES Paradise Bay Rd 12+06.39 on said line survey
and 50.26 feet Southeasterly therefrom;thence Southwesterly to a point opposite HES
Paradise Bay Rd 11+00.54 on said line survey and 71.46 feet Southeasterly therefrom;thence
Northwesterly to the point of beginning.
Parcel A
That portion of Section 35, Township 28 North, Range 1 East, W.M.;as conveyed by
instrument recorded April 2, 1987,under Jefferson County Auditor's File Number 306936.
Grantor's Initials
RES-325 Page 5 of 5 Parcel No.
t-
NOTES ,
1.THE BASIS OF BEARING IS DETERMINED FROM THE T.28N.R.35E°W°M.
ZONE(HAD
STATE COORDINATE SYSTEM NORTH
ZONE(NAD 87120t1). �e
2.THE DISTANCES SHOWN ARE GROUND DISTANCES � � � � �
IN U.S.SURVEY FEET.
SR•101 153-99.95
3.TO OBTAIN GRID COODINATES,SUBTRACT 100,000 (259.9T LT.) I // ;/ "-IMETERS FROM THE GROUND COORDINATES,THEN O,•MULTIPLYBYTHE COMBINED FACTOR OF `V0.99995519.TO CONVERT METERS TO U.S.SURVEY / PARADI
SR•101155400.00 / / (60.00'RT.)
FEET,MULTIPLY METERS BY 39.37112. 271J1T11TJfJ')1nT / ,
(220.00'LT.) PARADISE BAY RD 12N 5.26 j PARADISE BAY RD 14M1.29 I V O
1.PER RCW 53.09.170,ANY MONUMENT OR CORNER (40.00'LT.) / , (30.00'RT.)
DISTURBED BY THE CONTRACTOR'S OPERATION PARADISE BAY RD 114K.53 j
SHALL BE REPLACED AT NO COST TO THE 1fYf)/17fflli'Jfl'fs i
CONTRACTING AGENCY EXCEPT AS SHOWN IN ` (40.0o'LT•I / / ,..�
PLANS. \
PARADISE BAY RD 1W76.K ; cQ
1)Y>7JnTmnm� (40.00'LT.) z -
(219.98'LT.) PARADISE BAY RD 12-01.51
(30.00-RT.)
SR•104 1 0.00 SR-1"156+09. I / PARADISE BAY RD 12406.39
(190.00'LT.) (190.00'LT, I J (50+26'FIT.)
\ i PARADISE BAY RD 1hK]!_
J 13o.aD•Rr.) _
PARADISE BAY RD 10-91.62 �� SR-104 161.58.92
(30.00'RT.) ���` (190.00'LT.)
150 - PARADISE BAY RD 11+00.54 SR-104 161427.25
----4. -_- --__. _-__-.-_ _-_-_- _---__--_- _.___-_- $ i ��(7 1.'RT.) (IIML 'LT.)
M 3716
6- d / SR-184163-20.00
(160.00'LT.)
3R-104 152961.66 I SR-104 154.94.92
(150.00'RT.)i ; 1150.00'RT.1 - -104 159+ )jy» CP 1 1
SHINE RD BM30,96 %A 00•KT') \
R
crrr(cf(rufflf[if/fs1(rrbr 1 R-1041 2+05.00
u�lcullcud(cu�rur�(cv�(su!(4(flluufLffr(crlr(cu/(curiJru(L{f/ccffl�•,••..... 2 J N \..\ \ (105.00•LT.)
/ /~ (100.00'RT.) a �`\- Is
PRIMARY CONTROL TABLE
HORIZONTAL DATUM CONBNED SCALE FACTOR VERTK:AL DATUM
NAp PJ ON-ON
NOR 0.999W10I NAD 80 _ _ / /J /,
GES. ION NORTH NG THE 5 LNG -THING EASING ELEVATION DESCRIPTION (30.00'RT.) \
(,P1 -18 BD ]2 t'w a91 9189906 W9958IJI 112,11,056 95219 BRASSCAP MONUMENT \C.�
S60AU 32t15050° 91 e9fi",II:)21 1525w1669 599J] BRASS CAP MONUMENT ��''VV • V\
G:E ] l2 861555 -95551599 w99]t Z. 152J11863 11 111 BRASS CAP MONUMENT
-f 16 619JSJ]tJ 15360BI655 5 .1 BRA98 CAP MONDM ENT P; SR•104159+00.00
10 -3216M122- 11975.1.SECONDARY CONTROL TABLE (175.00'RT.) �.
1. S 151L TAB1 5 ]I6 HUB TACK SHINE RD 7450.00 ��. \,
1w 649790 J63 (30.00'RT.) MON 62K
103 - 32135BH17� 11974eB875. fi4 15147 15259514/1 284 MAO NIL
02 321e114N� 1196S69415 w9916013 52503D 538 113619 MAo NAIL .SHINE RD 7-50.00 �ly�
103 '"_ 321631 7M I19e8a0 J65 6ao9]5 pet 5]BO1 a]J 11a 18a AG NAIL (30.00-LT.) .0
' R16000/6 _1181078112 6i9Pw]1a 5151J92ae 10233 HUBAND A-K CP 302 SR•104163.16.66
;- 6a9a6Jp36 1szs6500i: 10eJ. HUBAND TACK LEGEND , (ns.K'RT.) \,
101 321660Nei _ 1197485577 6,9665081 152561L740 76596 FDMAG NAIL
302 $___ uiu2e69. 119e99J wz w95.7 PP+ Imi".173 -(071% WD"L >•� ",p7 "omp"" EXISTING LIMITED ACCESS \
1.3 atess9x' 119ttY1991 w9760 t95� 19253921M -9ow5 MAG NAIL EXISTING HIGHWAY RIGHT OF WAY BOUNDARY 7f ,\•
_ _ 6198)4 N5 __16253Ke71 100 194 WD NAIL ------ \
111 12111391E 1197333 111' 65001e t76- 162IM&II) ------ EXISTING COUNTY RIGHT OF WAY BOUNDARY
11]691 MAG NAIL --- QUARTER SECTION LINE
30fi 11168743H 11B7J88596 649191876 1625319.762 89929 MAO NAIL
101 J21787190: 11974S3 tJ7. w997t 41 1626e14.29e 97138 "•'ON GATES ®a CONTROL POINT
400 32176]323' 119]453079� 649871589 162581/240 - 97136 '.'oN CAiES • MONUMENT FOUND
TRANSFORMSPCTOP (SPCUSFEET'(IA.W9L1'JOt)1•((3937112)'100000)•PDC 0 50 100
T RANBF MPDCTOSPC(PDCUSFEET-((n37112)'IWM))'099993501•SPC ® PERMIT AREA•12.750 SOFT �j SCALE IN FEET
FILE NAME c:l-*mXs,HWmb%P v dlrE0563 CXL6118 PS ROW EXHISIT.0 n
TIME 149:52 PM Remx e7An
FED.AID PROJ.NO. � n.I1ow
DnrE v21n9z1 � (T-
7 SR104 PARADISE BAY TO SHINE RD
PLOTTED BY SULLIVMB - - 10 WAS HSIP-0104(061)DESIGNED BY 3INTERSECTION SAFETY IMPROVEMENTS
ENTERED BV210523 .ACOBS Washington $toteCHECKED By 9�R..c, Mmla+> Department of Transportation
PROJ.ENGR. J.SCHNADERBECK XL611B
REGIONAL ADM. S.ROARK REVISION DATE BY rz RIGHT OF WAY EXHIBIT weep