HomeMy WebLinkAboutWashington State University (WSU) Jefferson County Extention Shold Excavating Inc Grant of Easement - 090523 .3t310_5 .
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After recording return document to:
Jefferson County
Department of Public Works
623 Sheridan St.
Port Townsend, WA 98368
Document Title: GRANT OF EASEMENT
Grantor: JEFFERSON COUNTY,a political subdivision of the State of Washington
Grantee: SHOLD EXCAVATING,INC.,a Washington for-profit corporation
Legal Description: Ptn.NE 1/4,NW 1/4,of Sec. 11,Twp.29 N,Rng 1W,W.M.
Additional Legal Description on Page 6 of this Document.
Assessor's Parcel No: 901-112-009
GRANT OF EASEMENT
GRANTOR, Jefferson County, a political subdivision of the State of Washington("Jefferson County" or
"the County"), for and in consideration of the sum of SIXTEEN THOUSAND ONE HUNDRED
DOLLARS ($16,100.00) in hand paid, hereby grants, conveys and establishes a permanent non-exclusive
easement to GRANTEE Shold Excavating, Inc., a Washinton for-profit corporation, over, under, across
and through the following described property:
For legal description of the Easement Area
see Exhibit A attached hereto and made a part hereof.
This Easement is for the benefit of the following described property,the title to which is currently held by
Grantee:
For legal description of the Benefitted Property
see Exhibit B attached hereto and made a part hereof.
Attached as Exhibit C is a site plan showing the affected properties and Easement Area. The Easement
Area may be used by Grantee for ingress,egress,storage of materials and utilities to serve the Benefitted
Property. No permanent structures shall be built, installed or maintained within the Easement Area.
Jefferson County may use the Easement Area as long as such use is not inconsistent with Grantee's
Easement rights.
GRANT OF EASEMENT Page 1 of 8
Parcel 901-112-009
This Easement and the covenants contained herein shall run with the land and shall be binding on the
successors, heirs, and assigns of both parties hereto.
Grantee shall defend, indemnify and hold Jefferson County, its officers, officials, employees, agents and
volunteers (and their marital communities) harmless from and against any and all claims, injuries,
damages, losses or suits, including reasonable attorney's fees, except as may be caused by the sole
negligence of the County, which may arise as a result of this Grant of Easement. Should a court of
competent jurisdiction determine this Indemnification provision is subject to RCW 4.24.115 if liability for
damages occurs arising out of bodily injury to persons or damages to property caused by or resulting from
the concurrent negligence of Grantee and Jefferson County, Grantee's liability, including the duty and
cost to defend, shall be only to the extent of the negligence of Grantee. It is further specifically
understood that the indemnification provided constitutes Grantee's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. It is agreed and understood that this hold harmless indemnification recognizes
that the Easement Area may be traversed and used by Jefferson County and simultaneously by Grantee,
and the risks and liabilities arising from this joint use are expressly included in this indemnity and hold
harmless provision.
[Signatures on following pages]
GRANT OF EASEMENT Page 2 of 8
Parcel 901-112-009
GRANTOR JEFFERSON COUNTY
Approved By: JEFFERSON COUNTY BOARD OF
COMMISSIONERS
MMJM�N' Greg therto , Chair
ERSON°''•,
�•`' �OMMiss;• C• G�' d
` �+ . K e an, Commissioner
Hei i Eisenhour,Commissioner
SEAL: ....... �•`�
ATTEST: 4"' 0060�
16i - 9/5 Z3
arolyn Ilaway, CMC Date
Clerk of the Board
Approved as to form only:
0 c ;44..jia,'
August 17, 2023
Philip C. Hunsucker Date
Chief Civil Deputy
Prosecuting Attorney
GRANT OF EASEMENT Page 3 of 8
Parcel901-112-009
State of Washington
County of Jefferson
This record was acknowledged before me on 47%43 , by Greg Brotherton
as a Commissioner and ale Chair of the Jefferson County Board of County Commissioners.
BARr"rEXph0" (14.1/// Notary Pu c in and for the Stat of W shington.
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County of Jefferson
This record was acknowledged before me on 9A/Z 3 , by Kate Dean as a
Commissioner on the Jefferson County Board of County Commissioners.
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County of Jefferson /
This record was acknowledged before me on 9/512 3 , by Heidi Eisenhour
as a Commissioner on the Jefferson County Board of County Commissioners.
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GRANT OF EASEMENT Page 4 of 8
Parcel 901-112-009
•
GRANTEE SHOLD EXCAVATING INC.
Acknowledged and Accepted by:
Signature: r`(\ LQ'.. I Z.1 I z-o'2 3
Print Name: TY is ha,. h t%A..,l lsL✓- Date
Title: P re_s1 d�.v�{- Q IY\JL r
State of Washington
County of Jefferson p
This record was acknowledged before me on 0 /1- / 3 , by
(►�1 5k1u A.A4 I(e4- as Pri6tit.
k ' /o rite of Shold Excavating, Inc.
ale)141644
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GRANT OF EASEMENT Page 5 of 8
Parcel 901-112-009
EXHIBIT A
Legal Description of Easement Area
THE EASTERN TWENTY FEET(20'),AND THE EASTERN TWO HUNDRED FEET(200')OF
THE SOUTHERN TWENTY FEET (20'),OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST '/4 OF THE
NORTHWEST 1/4, SECTION 11, TOWNSHIP 29 NORTH, RANGE 1 WEST, W.M.,
JEFFERSON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH I/4 CORNER OF SAID SECTION 11, TOWNSHIP
29 NORTH, RANGE 1 WEST, W.M.,JEFFERSON COUNTY, WASHINGTON;
THENCE SOUTH 01°37'51" WEST ALONG THE NORTH-SOUTH CENTERLINE OF
SAID SECTION 11 A DISTANCE OF 685.56 FEET TO A POINT ON THE SOUTH
MARGIN OF LOPEMAN ROAD;
THENCE NORTH 87°42'09"WEST ALONG SAID SOUTH MARGIN OF LOPEMAN
ROAD A DISTANCE OF 350.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH MARGIN OF LOPEMAN ROAD A
DISTANCE OF 373.22 FEET;
THENCE SOUTH 01°24'19" WEST A DISTANCE OF 506.34 FEET;
THENCE SOUTH 83°52'07" EAST A DISTANCE OF 372.35 FEET;
THENCE NORTH 01°37'51" EAST ALONG A LINE PARALLEL WITH SAID
NORTH-SOUTH CENTERLINE OF SECTION 11 A DISTANCE OF 531.21 FEET,
MORE OR LESS,TO THE TRUE POINT OF BEGINNING AND THE TERMINUS
OF THIS LINE.
SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON.
End of Legal Description of Easement Area.
Easement Area: 14,200 square feet,more or less.
GRANT OF EASEMENT Page 6 of 8
Parcel 901-1 1 2-009
•
EXHIBIT B
Legal Description of Benefitted Property
THE SOUTH 'h OF THE NORTHEAST 'A OF THE NORTHWEST 1/4 , SECTION 11,TOWNSHIP 29
NORTH, RANGE 1 WEST, W.M.,JEFFERSON COUNTY, WASHINGTON;
EXCEPTING THEREFROM THE NORTH 20 FEET THEREOF FOR THE SOUTH 'A OF LOPEMAN
ROAD;
EXCEPTING THEREFROM THE WEST 600 FEET THEREOF AND EXEPTING THAT PORTION
OF LAND DESCRIBED IN AUDITOR'S FILE NO. 276777, RECORDS OF JEFFERSON COUNTY,
WASHINGTON,ALSO KNOWN AS TAX 62, AS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH ''A CORNER OF SAID SECTION 11;
WHENCE THE SOUTH 'A CORNER OF SAID SECTION 11 BEARS SOUTH 1°37'39"WEST
5,308.65 FEET DISTANT;
THENCE SOUTH 1°37'39"WEST 1,240.16 FEET ALONG THE NORTH-SOUTH CENTERLINE OF
SAID SECTION 11 TO THE NORTH LINE OF SAID TAX 62, THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 1°37'39"WEST 90.77 FEET TO THE SOUTHEAST CORNER OF
THE SOUTH '/z OF THE NORTHEAST 'A OF THE NORTHWEST 'A OF SECTION 11;
THENCE NORTH 87°37'26"WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION 485.94
FEET;
THENCE NORTH 2°36'40"WEST ALONG THE WESTERN LINE OF SAID TAX 62, 68.84 FEET;
THENCE NORTH 89°47'17"EAST ALONG THE NORTHERN LINE OF SAID TAX 62,491.24 FEET
TO THE TRUE POINT OF BEGINNING;
ALL AS SHOWN IN VOLUME 19 OF SURVEYS, PAGE 128, RECORDS OF JEFFERSON
COUNTY, WASHINGTON.
EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 'A CORNER OF SAID SECTION 11, TOWNSHIP 29 NORTH,
RANGE 1 WEST, W.M.,JEFFERSON COUNTY, WASHINGTON;
THENCE SOUTH 01°37'51" WEST ALONG THE NORTH-SOUTH CENTERLINE OF SAID
SECTION 11 A DISTANCE OF 685.56 FEET TO A POINT ON THE SOUTH MARGIN OF
LOPEMAN ROAD;
THENCE NORTH 87°42'09"WEST ALONG SAID SOUTH MARGIN OF LOPEMAN ROAD A
DISTANCE OF 350.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH MARGIN OF LOPEMAN ROAD A DISTANCE OF
373.22 FEET;
THENCE SOUTH O1°24'19"WEST A DISTANCE OF 506.34 FEET;
THENCE SOUTH 83°52'07" EAST A DISTANCE OF 372.35 FEET;
THENCE NORTH 01°37'51"EAST ALONG A LINE PARALLEL WITH SAID NORTH-SOUTH
CENTERLINE OF SECTION 11 A DISTANCE OF 531.21 FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING AND THE TERMINUS OF THIS LINE.
SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON.
End of Legal Description of Benefitted Property.
GRANT OF EASEMENT Page 7 of 8
Parcel 901-112-009
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EXHIBIT A
Legal Description of Easement Area
THE EASTERN TWENTY FEET (20'),AND THE EASTERN TWO HUNDRED FEET (200') OF
THE SOUTHERN TWENTY FEET (20'),OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST'/4 OF THE
NORTHWEST 1/4 , SECTION 11, TOWNSHIP 29 NORTH, RANGE 1 WEST, W.M.,
JEFFERSON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 11,TOWNSHIP
29 NORTH, RANGE 1 WEST, W.M.,JEFFERSON COUNTY, WASHINGTON;
THENCE SOUTH 01°37'51" WEST ALONG THE NORTH-SOUTH CENTERLINE OF
SAID SECTION 11 A DISTANCE OF 685.56 FEET TO A POINT ON THE SOUTH
MARGIN OF LOPEMAN ROAD;
THENCE NORTH 87°42'09"WEST ALONG SAID SOUTH MARGIN OF LOPEMAN
ROAD A DISTANCE OF 350.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH MARGIN OF LOPEMAN ROAD A
DISTANCE OF 373.22 FEET;
THENCE SOUTH 01°24'19"WEST A DISTANCE OF 506.34 FEET;
THENCE SOUTH 83°52'07"EAST A DISTANCE OF 372.35 FEET;
THENCE NORTH 01°37'51"EAST ALONG A LINE PARALLEL WITH SAID
NORTH-SOUTH CENTERLINE OF SECTION 11 A DISTANCE OF 531.21 FEET,
MORE OR LESS,TO THE TRUE POINT OF BEGINNING AND THE TERMINUS
OF THIS LINE.
SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON.
End of Legal Description of Easement Area.
Easement Area: 14,200 square feet, more or less.
Page 1 of 1
•Department of Real Estate Excise Tax Affidavit (RCW 82.45 WAC 458-61A)
Revenue Only for sales in a single location code on or after March 1,2023.
Washington State This affidavit will not be accepted unless all areas on all pages are fully and accurately completed.
Form 84 0001 a This form is your receipt when stamped by cashier.Please type or print.
0 Check box if partial sale,indicate% sold. List percentage of ownership acquired next to each name.
1 Seller/Grantor 2 Buyer/Grantee
Name Jefferson County,a politcal subdivision of the State of Washington Name Shold Excavating,Inc.,a Washington for-profit corporation
Mailing address PO Box 1220 Mailing address PO Box 179
City/state/zip Port Townsend,WA 98368 City/state/zip Port Hadlock,WA 98339
Phone(including area code) (360)385-9160 Phone(including area code) (360)3179'-8892 3%5—O 4 g 0
3 Send all property tax correspondence to:❑Same as Buyer/Grantee List all real and personal property tax Persona Assessed
Jefferson County parcel account numbers property? value(s)
Name 901-112-009 ❑ $79,010.00
CI $o.00
Mailing address
PO Box 1220
$0.00
City/state/zip Port Townsend,WA 98368
4 Street address of property no assigned address
This property is located in Jefferson County Q (for unincorporated locations please select your county)
0 Check box if any of the listed parcels are being segregated from another parcel,are part of a boundary line adjustment or parcels being merged.
Legal description of property(if you need more space,attach a separate sheet to each page of the affidavit).
See Exhibit A attached hereto and made a part hereof.
5 91 - Undeveloped land (land only) 7 List all personal property(tangible and intangible)included in selling
price.
Enter any additional codes
(see back of last page for instructions)
Was the seller receiving a property tax exemption or deferral
under RCW 84.36,84.37,or 84.38(nonprofit org.,senior If claiming an exemption,list WAC number and reason for exemption.
citizen or disabled person,homeowner with limited income)?❑Yes 0 No WAC number(section/subsection) WAC 458-61A-205(2)
Is this property predominately used for timber(as classified Reason for exemption
under RCW 84.34 and 84.33)or agriculture(as classified under
RCW 84.34.020)and will continue in it's current use?If yes and Governmental entity(County)selling real property interest(easement).
the transfer involves multiple parcels with different classifications, ❑Yes m No
complete the predominate use calculator(see instructions)
6 Is this property designated as forest land per RCW 84.33? ❑Yes ONo
Type of document Grant of Easement
Is this property classified as current use(open space,farm
and agricultural,or timber)land per RCW 84.34? ❑Yes m No Date of document
Is this property receiving special valuation as historical Gross selling price 16,100.00
property per RCW 84.26? ❑Yes la No *personal property(deduct) 0.00
If any answers are yes,complete as instructed below. Exemption claimed(deduct) 16,100.00
(1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) 0.00
NEW OWNER(S):To continue the current designation as forest land Taxable selling price
or classification as current use(open space,farm and agriculture,or Excise tax:state
timber)land,you must sign on(3)below.The county assessor must then 0.00
determine if the land transferred continues to qualify and will indicate Less than$525,000.01 at 1.1%
by signing below.If the land no longer qualifies or you do not wish to From$525,000.01 to$1,525,000 at 1.28% 0.00
continue the designation or classification,it will be removed and the 0.00
compensating or additional taxes will be due and payable by the seller From$1,525,000.01 to$3,025,000 at 2.75%
or transferor at the time of sale(RCW 84.33.140 or 84.34.108).Prior to Above$3,025,000 at 3% 0.00
signing(3)below,you may contact your local county assessor for more 0.00
information. Agricultural and timberland at 1.28%
This land: 0 does ❑does not qualify for Total excise tax:state 0.00
continuance. 0.0050 Local 0.00
*Delinquent interest:state 0.00
Deputy assessor signature Date
Local 0.00
(2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) 0.00
NEW OWNER(S):To continue special valuation as historic property,sign *Delinquent penalty
(3)below.If the new owner(s)doesn't wish to continue,all additional tax Subtotal 0.00
calculated pursuant to RCW 84.26,shall be due and payable by the seller
or transferor at the time of sale. *State technology fee 5.00
(3)NEW OWNER(S)SIGNATURE Affidavit processing fee 5.00
Signature Signatur Total due 10.00
A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX
Print name rint n e *SEE INSTRUCTIONS
8 I CERTIFY UNDER PENALTY OF P E ING IS TRUE AND CORRECTj?r\i\sl
Signature of grantor or agent Signature of grantee or agent PvOAKA —"
Name(print) &�j grofherft' A Name(print) -Ti `mil t,I � U
Date&city of signing 7(5/'z P v TG"U1 C Date&city of signing tlf* I kt g�Z'-r2.0Z3
Perjury in the second degree is a class C felony which is punishable by confinement in a state correctional institution for a maximum term of five years,or by
a fine in an amount fixed by the court of not more than$10,000,or by both such confinement and fine(RCW 9A.72.030 and RCW 9A.20.021(1)(c)).
To ask about the availability of this publication in an alternate format for the visually impaired,please call 360-705-6705.Teletype
(TTY)users may use the WA Relay Service by calling 711.
REV 84 0001a (02/28/23) THIS SPACE TREASURER'S USE ONLY COUNTY TREASURER
Print on legal size paper.
Page 1 of 6
J
EXHIBIT A
Legal Description of Easement Area
THE EASTERN TWENTY FEET (20'),AND THE EASTERN TWO HUNDRED FEET(200')OF
THE SOUTHERN TWENTY FEET (20'),OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST '/4 OF THE
NORTHWEST 1/4 , SECTION 11, TOWNSHIP 29 NORTH, RANGE 1 WEST, W.M.,
JEFFERSON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH '/4 CORNER OF SAID SECTION 11, TOWNSHIP
29 NORTH, RANGE 1 WEST, W.M.,JEFFERSON COUNTY, WASHINGTON;
THENCE SOUTH 01°37'51"WEST ALONG THE NORTH-SOUTH CENTERLINE OF
SAID SECTION 11 A DISTANCE OF 685.56 FEET TO A POINT ON THE SOUTH
MARGIN OF LOPEMAN ROAD;
THENCE NORTH 87°42'09" WEST ALONG SAID SOUTH MARGIN OF LOPEMAN
ROAD A DISTANCE OF 350.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH MARGIN OF LOPEMAN ROAD A
DISTANCE OF 373.22 FEET;
THENCE SOUTH 01°24'19" WEST A DISTANCE OF 506.34 FEET;
THENCE SOUTH 83°52'07" EAST A DISTANCE OF 372.35 FEET;
THENCE NORTH 01°37'51"EAST ALONG A LINE PARALLEL WITH SAID
NORTH-SOUTH CENTERLINE OF SECTION 11 A DISTANCE OF 531.21 FEET,
MORE OR LESS, TO THE TRUE POINT OF BEGINNING AND THE TERMINUS
OF THIS LINE.
SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON.
End of Legal Description of Easement Area.
Easement Area: 14,200 square feet,more or less.
Page 1 of 1
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders P.E., Public Works Director/ County Engineer ,
Agenda Date: T 1 � ���
�"' Se,����
Subject: Grant of Easement to Shold Excavating, Inc.
Statement of Issue:
The County purchased certain real property (Tax Parcel 901-112-009) from John T. "Duke"
Shold in 2013 for the percolation pond to serve the Port Hadlock Wastewater Project. Shold
Excavating, Inc. ("Shold") continues to own and operate its business on the adjacent parcel
(901-112-002). Shold has now requested an easement over portions of the County parcel to
better accommodate its on-going operations. In particular, it has requested an easement over
the eastern 20-feet and over the eastern 200 feet of the southern 20 feet of the County's
property for purposes of ingress, egress, storage of materials and utilities.
Analysis / Strategic Goals / Pros Et Cons:
The County has completed design and is currently in the process of constructing its facilities
on the percolation pond property. The easement requested by Shold is not expected to
adversely impact the County's wastewater facilities or operations. Granting the easement
allows the County to continue to maintain good relations with the property owners abutting
the wastewater facilities.
Fiscal Impact/Cost Benefit Analysis:
Shold is willing to pay the County $16,100 for the easement, which compensation is based on
the purchase price paid by the County in 2013 for fee simple title to the property. In
addition, Shold is willing to make a lump sum payment of $2,500 to the County to cover
anticipated staff time and other expenses in preparing, processing and recording the
easement.
Recommendation:
Please sign and notarize the attached Grant of Easement and sign REET affidavit (or authorize
Public Works to sign affidavit) and return to Public Works for recording and distribution.
Department Contact: Colette Kostelec, Engineer III, 360-385-9218
Revie y:
Mark McCaul y County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)CONTRACT WITH: Shold Excavating, Inc. Contract No:17(4)
bier `lS
Contract For: Grant of Easement(County to Shold) Term: perpetual
COUNTY DEPARTMENT: Public Works
Contact Person: Colette Kostelec
Contact Phone: 360-385-9218
Contact email: ckostelec@co.jefferson.wa.us
AMOUNT: $16,100 PROCESS: Exempt from Bid Process
Revenue: 40516936.59435.61 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:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES C MPLIAN E WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: Ft] N/A: xn Cam , $ ! t,o l l-WO
`
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: 131 N/A: 0 - Si(,o (2 t.
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 8/17/2023.
Easement for the BOCC packet had typos corrected.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
17 Electronically approved as to form by PAO on 8/16/2023.
Necessary for sewer.
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
1