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Home My WebLink About2017-01-23-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular meeting Monday January 23, 2017 -1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Vantage Park -Ground Lease to Kittitas County Sheriff's Office 3. Other business 4. Adjourn Created on 1/20/2017 9:03.04 AM C 11D1s... 10, a�q� Oil- KITTITAS WU9TY KZTT11TA9 COUNTY DEPARTMENT OF PUBLIC WORKS Mark Cook, Director STUDY SESSION MINUTES January 23, 2017 THOSE PRESENT: Paul Jewell, Laura Osiadacz, Obie O'Brien (BOCC); Luke Huck, Kathy Jurgens, Candie Leader (DPW); Dan Carlson, Doc Hansen, Stephanie Mifflin, Mike Flory (CDS); Holly Myers, Kimberly Sarver (EH) VANTAGE PARK — GROUND LEASE TO KITTITAS COUNTY SHERIFF'S OFFICE: Board Direction: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY LOWER COUNTY SHOP FINDINGS: Board Direction: 411 N. Ruby, Suite #1 Ellensburg, WA 98926 Kathy reported in August of 2014, the Public Works Department and the Kittitas County Sheriff's Office entered into a Revocable License Agreement for land at the Vantage Park Boat Ramp on which the Sheriff's rescue boat facility was constructed on. She stated that the current OFM ground rate is $0.09 a square foot. She added that the Public Works Department was recommending the current OFM rate be used for the first five year period with adjustments for every five year period thereafter. Discussion was held. Submit for Prosecutor Review and set the rate at the current OFM rate of $0.09. Luke stated that staff received an email from the Department of Ecology (DOE) with the new findings of the contamination at the Lower County Shop. The DOE is proposing three options for the site. The first is to do nothing at this time; second is a deed restriction on the property; and third would be to install additional ground monitoring wells to track the plume. Discussion was held. Install the additional ground monitoring wells TEL (509)962-7523 FAX (509)962-7663 Dept. of Public Works Page 2 WESTS/DE ROAD RAP FUNDS: Luke reported that he had previously briefed the Board on staff's intention to turn back RAP funding for the Westside Road project. After talking with the County Road Administration Board there may be the potential that the County will be required to pay back previously spent design funds. Luke stated that he will be presenting a letter on BOCC letterhead requesting to turn back the funding on the next agenda session for consideration. Discussion was held. Board Direction: No Direction OL L &I Luke Huck Co -Interim Director of Public Works 411 N. Ruby, Ste.#1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 KI I TITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: January 23, 2017 TOPIC: Vantage Park — Ground Lease to Kittitas County Sheriff's Office ACTION REQUESTED: Direction on Ground Lease Rate for Lot 2 of the Boat Ramp Short Plat, Vantage Washington LEAD STAFF: Kathy Jurgens RECOMMENDATION: Convert the Revocable License Agreement between the Recreation Fund and the Kittitas County Sheriff's Office, for the real property that the Rescue Boat Building was constructed on, to a long term lease for Lot 2, Boat Ramp Short Plat. BACKGROUND. On August 19, 2014, pending the completion of the Boat Ramp Short Plat, the Department of Public Works and the Kittitas County Sheriffs Office entered into a Revocable License Agreement for land at the Vantage Park on which the sheriffs rescue boat facility was constructed on. The short plat has been completed. Lot 2 consists of a total of 7,201 sq, ft. with 2597 sq. ft. of the lot identified as non -buildable as it falls with the 60 Ft. easement for access to the public parking area. Public Works recommends that the revocable license agreement be converted to a long term lease agreement for Lot 2 for the total net buildable land in the amount of 4,604 sq. ft. Page 1 of 2 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT DISCUSSION: Public Works has obtained the most current OFM Life Cycle Cost Model rental rates. The county has adopted the OFM rental rates for other rental agreements. Public Works recommends that the rent for Lot 2 of the Boat Ramp Short Plat be set at the current OFM ground rate of $0.09 sq. ft. for the first five year period with adjustments for every five year period thereafter.. FISCAL IMPACTS: $414.36 Annual rental expense - Sheriffs Office $414.36 Annual revenue - Recreation Fund ATTACHMENTS: EXHIBIT 1: Resolution No. 2014-131 Revocable License Agreement between the Kittitas County Recreation Fund and the Kittitas County Sheriffs Office EXHIBIT 2: Boat Ramp Short Plat screen shot identifying Lot 2 EXHIBIT 3: Boat Ramp Short Plat Lot 2 aerial photo Page 2 of 2 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT B, .RD OF COUNTY COMMISSIONEKo COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. Enter into a Revocable License Agreement between the Kittitas County Recreation Fund and the Kittitas County Sherifrs Office WHEREAS: The Department of Public Works managed the construction of a Rescue boat storage facility, for the Kittitas County Sheriffs Office, on property owned by Kittitas County Public Works; and WHEREAS: The Sheriffs Office use and occupation of the property and the Recreation Fund's compensation for that use, prior to completion of the short plat process, furthers the public interest; NOW, THEREFORE BE IT RESOLVED the Kittitas County Board of County Commissioners declares it be in the best interest of the public, and does hereby authorize chair signature to enter into a Revocable License Agreement between the Kittitas County Recreation Fund and the Kittitas County Sheriffs Office. DATED this 1 g`" day of August, 2014, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KlTrITA8'CQUN;Y, WASHINGTON v - Obie O'Brien, Commissioner z� 1 I t (L/12T 7T��C J 'Clerk oftheB ar�d — REVOCABLE LICENSE AGREEMENT BETWEEN KITTITAS COUNTY RECREATION FUND AND KITTITAS COUNTY SHERIFF'S OFFICE This revocable license agreement ("license") is entered into this I" day of June, 2014 between the Kittitas County Recreation Fund ("RF") and the Kittitas County Sheriffs Office ("SO"). WHEREAS, the SO desires to build a Rescue Boat Facility on certain real property managed by the RF and such facility will benefit the SO and Kittitas County; and WHEREAS, the RF desires to allow the SO to build the Rescue Boat Facility upon the real property managed by the RF because aiding the SO furthers the public interest; now, therefore In consideration of the mutual benefits to be derived therefrom, the RF and SO agree as follows: 1. The "license area", when used in this License means that real estate described in Exhibit "A" which is attached hereto and incorporated herein by this reference. 2. The License price of $815.64 per year shall be paid by the SO to RF beginning upon the execution of this document and upon each yearly anniversary thereafter until the license is amended, revoked, or terminated by its own terms. 3. The RF does hereby grant to the SO this nonexclusive Revocable License for a period of two (2) years from the effective date of this License to construct and access the Rescue Boat Facility upon the license area. 4. The intent of this license is to allow the SO to construct and access the Rescue Boat Facility upon property managed by the RF. This License does not grant an estate in land and is not exclusive. As a license upon real property it is revocable at the will of the grantor for good cause during the initial two-year term, provided that the RF give written notice, as provided herein, sixty (60) days in advance of revocation. Should the SO fail to remove the improvements from the license area after revocation, the RF may remove them and charge the SO for the cost of removal. 5. The SO agrees to indemnify and hold harmless the RF, its trustees, elected and appointed officers, agents and employees from and against any and all claims, demands or causes of action of whatever kind or nature and the resulting losses, costs, expenses, reasonable attorney fees, liabilities, damages, orders, judgments or decrees sustained by the RF arising out of the SO's exercise of rights pursuant to this License. The RF makes no indemnification of the SO, its officers, agents, or employees or its property placed upon the RF's real property pursuant to this License. 6. In the event either party to this License commences litigation related to rights or exercise of rights under this License, the substantially prevailing party will be entitled to reimbursement of its reasonable attorney fees and costs from the other party. 7. The venue for any litigation regarding this License shall be Kittitas County Superior Court. GOMti ,sC......... 9 .: °(jjvry wi APPROVED AS TO FORM: 8. This License shall be construed according to the laws of the State of Washington. 9. All notices required pursuant to this License shall be served upon the other party in writing by placing said notice in sealed properly addressed envelopes; postage prepaid, and placing said notice in the US mail of hand delivering it to the other party. Should the notice be sent by mail, it shall be deemed to have been duly given three (3) days after placing it in the mail. Notice to the RF shall be sent to: Kittitas County Department of Public works 411 North Ruby, Suite I Ellensburg WA 98926 Notice to the SO shall be sent to: Kittitas County Sheriffs Office 307 W Umptanum Road Ellensburg WA 98926 IN WITNESS WHEREOF this Revocable License Agreement is executed and shall become effective as of the date first above written. KITTITAS COUNTY SHERIFF'S OFFICE By: Its: KI T TY RECREATION FUND IiYlJewell, BOCC Chairman )--) "IL'. Clerk of the Board Neil A. Caulkins, Deputy Prosecuting Attorney JRT YLA•1' .7 N., R. 23 WASHINGTON HOLIDAY AVENUE OF ESM'T FOLLOW , T. FENCE E., W. M. N 89'17'43- E 1 DISTRICT #6 SEWAGE TREATMENT PLANT \4,918 SQ- FT JIB VARIABLE YID EASEMENT M 111r4ry 19620 II _ X38,43 85.78• ,hp9 h R I� 2 799•T—.—_ "•0 ROAD BWN �I17,03' T 30' NORM OF OF THE NE 0Ip__ CEN RL BOAT 25.0 j. — = RAMP ROAD S IT MIS ��IRRENTLY E%X1515 yl 0�\ 23.05' N 89'17'43" E C/L 10' LITY ES L2 z \\ 105.13' Al 80'25 35 4604 SO FT OF PARCEL 2 IS 2 BUILDABLE WE T 7,201 OF THE 60' ESM SQ FT —PRIEST RAPIDS PROJECT BOUNDARY PER GRANT CO. y PUD ,F2 SURVEY DATED JUNE 27. 1966' �R y- 2597 SO FT OF PARCEL 2 IS NON— BUILDABLE AS IT FALLS f v WITHIN THE 60' ESM'T 0 FOUND L-98.73' 'P SCRIBED "X" Ak m L E G E N D — 0 SET 5/8" REBAR .W/ CAP — "CRUSE 36815" O FOUND PIN & CAP LS 22963 — FENCE ORIGINAL PARCEL DESCRIPTION THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 23 EAST, W.M., IN THE COUNTY OF KITTITAS, STATE OF WASHINGTON. EXCEPT 1. PUBLIC ROAD AS CONVEYED IN RIGHT OF WAY DEED RECORDED SEPTEMBER 19. 1916 UNDER AUDITOR'S FILE NO. 44062. 2. PUBLIC ROAD AS CONVEYED IN RIGHT OF WAY DEED RECORDED JULY 1, 1921 UNDER AUDITOR'S FILE N0, 63032. 3. PROPERTY AS CONVEYED IN DEED RECORDED JULY 26, 1940, UNDER AUDITOR'S FILE NO. 155466. 4. PROPERTY AS CONVEYED IN DEED RECORDED JANUARY 29, 1960 UNDER AUDITOR'S FILE NO. 280710. 5. PROPERTY AS CONVEYED IN DEED RECORDED SEPTEMBER 21, 1960 UNDER AUDITOR'S FILE NO. 285017, B. PROPERTY AS CONVEYED IN DEED RECORDED APRIL 5, 1966 UNDER AUDITOR'S FILE NO. 328780. 7. PROPERTY AS CONVEYED IN DEED RECORDED SEPTEMBER 28, 1982 UNDER AUDITOR'S FILE NO. 464704. 8. PROPERTY AS CONVEYED IN DEED RECORDED OCTOBER 25, 1982 UNDER AUDITOR'S FILE NO, 465280. AUDITOR'S CERTIFICATE f Filed for record this_[2�-day of_ L&rCL__, 2015. at �� Z-1,_�jJ„ ID Book L of Short Plots of P09e(3)__S_at the request of Cruse & Associotes. RECEIVING N0. JERALD V. PETTU %17TITA5 COUNTYY AUDITOR CRUSE & ASSOCIATES 1-90 PROFESSIONAL LAND SURVEYORS 217 E. Fourth St. P.O. Box 951 Ellensburg. WA 98926 (509) 962-8241 BOAT RAMP SHORT PLAT d