HomeMy WebLinkAboutDepartment of Natural Resources Easement Amendment - 020524When recorded return to:
Department of Natural Resources
Olympic Region
Attn: Albert Huggins
411 Tillicum Lane
Forks, WA. 98331
�PSN I N GTON
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WASHINGTON STATE DEPARTMENT OF
nATURAL RESOURCES
HILARY S. FRANZ I COMMISSIONER OF PUBLIC LANDS
Grantor: STATE OF WASHINGTON, DEPARTMENT OF NATURAL RESOURCES
Grantee: JEFFERSON COUNTY
Legal Description: E1/2 SWIA SETA, SETA SETA, Sec. 35, NWl/4 SW1/4, SWIA SWl/4 Sec. 36, T28N,
R13W., W.M. Clallam County, Washington State
Assessor's Property Tax Parcel: 132835430000 & 132836000000 & 132835440000
Cross Reference: Clallam County AFN: 2016-1337720, 2016-1336788 Volume 78, Page 98 of Surveys
DNR Easement No. 50-093964, LUL No. 60-104898
EASEMENT AMENDMENT
THIS EASEMENT AMENDMENT is made by and between JEFFERSON COUNTY, a
political subdivision of the State Washington herein _called "Grantee" and STATE OF
WASHINGTON, acting by and through the Department of Natural Resources "State",
(collectively referred to as "Parties").
RECITALS
A. On July 29, 2016, Grantee and State entered into an easement agreement
("Easement"), as part of a plan to realign Undi Road to bypass the unusable portion of
the road. Jefferson County was granted a county road easement from the Department
of Natural Resources which was recorded in the records of Clallam County,
Washington on August 1, 2016, under Auditor File No. 2016-1337720 and filed in the
Office of the Commissioner of Public Lands under file number 50-093964.
Page I of 15 50-093964
B. In 2017, the Jefferson County Board of County Commissioners (through Resolution
08-17) permanently closed the old, unstable portion of Undi Road to vehicular traffic.
Due to ongoing landslide activity, and with agreement from all adjoining landowners,
in November 2022 the Board of County Commissioners (through Resolution 51-22)
permanently closed and abandoned Undi Road between MP 0.00 and MP 0.75
C. On April 11, 2023, State granted a Land Use License, filed in the office of the
Commissioner of Public Lands in Olympia, Washington under file number 60-
104898, to allow the Grantee to make improvements to three sites along the Undi
Road Bypass (MP 0.00 to MP 2.0) under the US Department of Transportation
Federal Highway Administration (WA FLAP JEFFER 15009(1)). Although two of
the sites are located in Clallam County, Jefferson County agreed to take the lead on
administering this project.
D. The Parties desire to amend the Easement to include Site 1 and Site 2 of the road
improvements which currently are outside of the easement area as displayed in
Exhibit B and Exhibits B 1-134. The Undi Road Bypass provides access to federal and
private lands requiring the need to improve safety along that corridor
("Amendment").
The Parties agree as follows:
AGREEMENT
State, for and in consideration of TWO THOUSAND AND 00/100 DOLLARS ($2,000.00),
hereby grants and conveys, to Grantee, its successors and assigns a non-exclusive easement over
parcels of land in Clallam County legally described as set forth in Exhibit A, (collectively
referred to as "Premises") said easement improvement locations to be as shown on Exhibit B and
Exhibits B 1-134, (hereafter Improvement Description).
This easement shall be deemed appurtenant to real property located in Clallam County legally
described as set forth in Exhibit C and Exhibits C1-C3, (hereafter Easement Description)
All exhibits referenced in the Amendment are incorporated as part of the Amendment and will
only reflect changes resulting from this Amendment.
Except as amended hereby, the Easement shall remain in full force and effect as previously
executed, and the Parties ratify the Easement as amended. The Amendment is limited as
specified herein and shall not constitute a modification, acceptance or waiver of any other
provision of the Easement. From and after the date hereof, all references to the Easement shall be
deemed references to the Easement as amended.
Page 2 of 15 50-093964
The Amendment may be signed in counterparts, any one of which shall be deemed an original.
Delivery by facsimile of an executed counterpart shall have the same effect as physical delivery
of an original so long as the facsimile original is sent by overnight courier to the other party.
The Amendment requires the signature of the Parties and is effective on the date of the last
signature below.
APPROVED this 10of Vl%tt�" , 20 by the Jefferson County Board of County
Commissioners. (1 4
BOARD OF COUNTY COMMISSIONERS
JEFFERSON COUNTY, WASHINGTON Approved as to form only:
4 -'-� , 6D r
By: K4L—� By: . , Z�� 11"2�1
KATE DEAN Date PHILIP C. HUNSU KER ate
Chair Chief Civil Deputy Prosecuting Attorney
State of Washington
County of Jefferson
This record was acknowledged before me on I'�;12zc�� I �� 2 C� 2 by Kate Dean as the
1111
Chair of the Jeffe DI CU".4)o id�pf County Commissioners.
yO1PRY O O
_ U 3Votary Publi n and for the State of W ington.
i do 0 ►�'y�O �,"'r= ? VIy Commission Expires 3 2 Z(v
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ATTEST: ,'' IS � �E O
1ER
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Jefferson C ty Clerk of the B d m s
iau��klflil� 50-093964
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: M NcAA 26 A ,20.X`l. ev-� eW`^ 4* 16/
TODD WEI,KER
Deputy Supervisor for State Uplands
+3, c H * PO Box 7000
�� 1111 Washington Street SE
F r a Olympia, WA. 98504-70000
•34 - (360)902-1600
Approved as to form
By /Att./v.e
Assistant Attorney General
for the State of Washington
Page 4 of 15 50-093964
STATE ACKNOWLEDGEMENT
State of Washington
County of Thurston
—1)Licips.,EM att 3
I certify that I know or have satisfactory evidence that -Welker is the person who appeared
before me,and said person acknowledged that he signed this instrument,on oath stated that he t v -Coc-
was authorized to execute the instrument and acknowledged it ai.the Deputy Supervisor for State
Uplands of the Department of Natural Resources of the State of Washington to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: -5 t2J,Q\2Aut
ignature)
(Seal or stamp)
«
(Print Name)
KE(
°� �°T� its Notary Public in and for the State of Washington,
v 153365 w'
U A080 =. residing a ��G �. Gt,/Ll U
/I v 0Fsh"" N My appointment expires / ) / R )2.2)2*
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Page 5 of 15 50-093964
EXHIBIT A
BURDENED PARCEL
"Premises"
Legal Description
E1/2SWl/4SE1/4 and SE1/4SE1/4 Section 35, Township 28 North, Range 13 West, W.M.
N W 1 /4 S W 1 / and S W 1 /4 S W 1 /4 Section 36, Township 28 North, Range 13 West, W.M.
Situate in Clallam County, State of Washington
Clallam County Tax Parcel Identification Numbers: 132835430000, 132835440000,
132836000000
Page 6 of 15 50-093964
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EXHIBIT B (Bl-B4)
iv""ravement Description
50-093964
Page 7 of 15
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EXHIBIT B1
Improvement Description
MAP PREPARED: 4/10/2023
26 ® 25
36
JEFFERSON COUNTY `---- -2
LEGEND FEET
0 500 1000 2000
SECTION CORNER
STATE LAND
36
Page 8 of 15 50-093964
EXHIBIT B2
Improvement Description
Page 9 of 15 50-093964
26 ® 25
35
35
EXHIBIT B3
Improvement Description
JEFFERSON COUNTY
LEGEND
SECTION CORNER
STATE LAND
Page 10 of 15
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50-093964
EXHIBIT Cl
Easement Description
A PARCEL OF LAND LOCATED IN SECTION 35, TOWNSHIP 28 NORTH, RANGE 13 WEST, W.M., DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 35, FROM WHICH THE SOUTHEAST
CORNER OF SAID SECTION 35 BEARS SOUTH 87°44'23" EAST, A DISTANCE OF 2631.25 FEET;
THENCE NORTH 82'51'51" EAST, A DISTANCE OF 893.69 FEET TO THE POINT OF BEGINNING ON THE
NORTH MARGIN OF UNDI ROAD, AT STATION 102+28.95, OFFSET 31.18 FEET LEFT OF PROJECT
ALIGNMENT "UB1";
THENCE SOUTH 87°14'49" EAST, A DISTANCE OF 220.86 FEET;
THENCE SOUTH 02°45'11" WEST, A DISTANCE OF 15.00 FEET TO A POINT ON THE NORTH MARGIN OF
THE
UNDI ROAD BYPASS, AT STATION 104+51.83, OFFSET 28.00 FEET LEFT OF PROJECT ALIGNMENT "U61",
FROM WHICH SAID SOUTHEAST CORNER OF SECTION 35 BEARS SOUTH 82°55'00" EAST, A DISTANCE OF
1534.26 FEET;
THENCE NORTH 87'14'49" WEST, ALONG SAID NORTH MARGIN OF THE UNDI ROAD BYPASS, A DISTANCE
OF 175.24 FEET TO A POINT ON SAID NORTH MARGIN OF UNDI ROAD AND THE BEGINNING OF A
NONTANGENT
CURVE TO THE LEFT HAVING A RADIUS OF 330.00 FEET, WHOSE CENTER POINT BEARS SOUTH
25°07'34" WEST;
THENCE ALONG SAID NON -TANGENT CURVE AND NORTH MARGIN OF UNDI ROAD, THROUGH A DELTA
ANGLE OF 08°20'44", FOR AN ARC DISTANCE OF 48.07 FEET TO THE POINT OF BEGINNING, CONTAINING
2,943 SQUARE FEET, MORE OR LESS.
SITUATE IN CLALLAM COUNTY, WASHINGTON.
Page 13 of 15 50-093964
EXHIBIT C2
Easement Description
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50-093964
EXHIBIT C3
Easement Description
A PARCEL OF LAND LOCATED IN SECTION 36, TOWNSHIP 28 NORTH, RANGE 13 WEST, W.M., DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36, FROM WHICH THE SOUTH QUARTER
CORNER OF SAID SECTION 36 BEARS SOUTH 87°45'16" EAST, A DISTANCE OF 2631.13 FEET;
THENCE NORTH 09°51'03" EAST, A DISTANCE OF 1167.24 FEET TO THE POINT OF BEGINNING ON THE
SOUTH MARGIN OF UNDI ROAD BYPASS, AT STATION 200+00.00, OFFSET 29.88 FEET RIGHT OF PROJECT
ALIGNMENT "UB2", ON A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 355.00 FEET,
FROM WHICH THE CENTER POINT BEARS NORTH 53°11'23" WEST;
THENCE ALONG SAID SOUTH MARGIN OF UNDI ROAD BYPASS, THE FOLLOWING COURSES AND
DISTANCES:
NORTHEASTERLY ALONG SAID CURVE, THROUGH A DELTA ANGLE OF 01°06'03", FOR AN ARC
DISTANCE OF 6.82 FEET TO A POINT OF TANGENCY;
NORTH 35°42'34" EAST, A DISTANCE OF 116.57 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 150.00 FEET, WHOSE CENTER POINT BEARS SOUTH 54°17'26" EAST;
NORTHEASTERLY ALONG SAID CURVE, THROUGH A DELTA ANGLE OF 21°00'00", FOR AN ARC
DISTANCE OF 54.98 FEET TO A POINT OF COMPOUND CURVATURE, AT THE BEGINNING OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 42.00 FEET, WHOSE CENTER POINT BEARS SOUTH
33°17'26" EAST;
EASTERLY ALONG SAID CURVE, THROUGH A DELTA ANGLE OF 79°00'00", FOR AN ARC DISTANCE OF
57.91 FEET TO A POINT OF TANGENCY;
SOUTH 44°17'26" EAST, A DISTANCE OF 76.92 FEET TO AN ANGLE POINT;
SOUTH 34°14'03" EAST, A DISTANCE OF 46.60 FEET TO AN ANGLE POINT;
SOUTH 38°55'49" EAST, A DISTANCE OF 90.61 FEET TO STATION 204+87.03, OFFSET 30.40 FEET RIGHT
OF SAID PROJECT ALIGNMENT "UB2", FROM WHICH SAID SOUTH QUARTER CORNER OF SECTION
36 BEARS SOUTH 60*08'50" EAST, A DISTANCE OF 2453.44 FEET;
THENCE NORTH 42°58'57" WEST, A DISTANCE OF 105.68 FEET;
THENCE NORTH 60°36'43" WEST, A DISTANCE OF 19.44 FEET;
THENCE NORTH 84°08'43" WEST, A DISTANCE OF 18.15 FEET;
THENCE NORTH 53°36'02" WEST, A DISTANCE OF 38.09 FEET;
THENCE SOUTH 33°50'30" WEST, A DISTANCE OF 81.87 FEET;
THENCE SOUTH 40°06'36" WEST, A DISTANCE OF 51.73 FEET;
THENCE NORTH 71°40'25" WEST, A DISTANCE OF 89.44 FEETTO THE POINT OF BEGINNING,
CONTAINING
18,217 SQUARE FEET, MORE OR LESS.
SITUATE IN CLALLAM COUNTY, WASHINGTON.
Page 15 of 15 50-093964
Department of Public Works
To:
From:
Agenda Date:
Subject:
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
Board of Commissioners
Mark McCauley, County Administrator
Monte Reinders, Public Works Director/County Engineer
February 5, 2024
Amendment to 2016 Easement to County from Department of
Natural Resources for Undi Road Bypass
Statement of Issue: Public Works staff requests approval of the attached Easement
Amendment from the Washington State Department of Natural Resources (DNR). This
Amendment adds additional right-of-way to Easement 50-093964 which the County purchased
from DNR in 2016 for the Undi Road Bypass (County Road #151009). Because of the extended
time required by DNR to finalize an easement amendment, DNR granted the County a
temporary Land Use License in 2023 to allow the County, under the Federal Highway
Administration (WA FLAP JEFFER 15009(1)), to proceed with certain improvements to Undi
Road Bypass. That work has since been completed. The attached Easement Amendment
memorializes the grant of a total of approximately 21,160 square feet (less than 1/2 acre) of
additional right-of-way in the form of slope easements at two sites along Undi Road Bypass.
The term of the original 2016 Easement was "perpetual unless vacated as provided by law."
That term is unchanged with the Easement Amendment.
Analysis/Strategic Goals/Pro's Et Con's: The Easement Amendment grants the County
perpetual slope easements over certain property necessary to construct, operate and
maintain the Undi Road Bypass as improved in 2023. The Easement Amendment was drafted
by DNR using that agency's standard format.
Fiscal Impact/Cost Benefit Analysis: After crediting the County's payment of $1,000 for the
Land Use License, there is a remaining charge of $2,000 for the Easement Amendment.
Recommendation: The Board is requested to wet sign and return both copies of the Easement
Amendment to Public Works for further processing.
Department Contact: Colette Kostelec, P.E., Right -of -Way Representative, 385-9218.
Reviewed By:
.10144,
Mark McCauley ounty Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Dept of Natural Resources Contract No:a?��d
Contract For: Easement Amendment Term: perpetual
COUNTY DEPARTMENT: Public Works
Contact Person: Colette Kostelec
Contact Phone: 360-385-9218
Contact email: ckostelec@co.jefferson.wa.us
AMOUNT: $2,000.00 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 V/ Other: amendment to existing easement
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES C MPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑❑
NIA:
Signature Date
STEP 2:
COUNTY
AGENCY.
DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
(CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
CERTIFIED: ❑ N/A: Q
Signature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfche):
Electronically approved by Risk Management on 1/17/2024.
State document. Cannot change.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
VElectronically approved as to form by PAO on 1/17/2024.
Contract amendment.
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