HomeMy WebLinkAboutRES-2022-076BOARD OF COTINTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION
NO & o 0\a^trftr
AUTHORIZING THE BOARD OF'COUNTY COMMISSIONERS SIGNATURE ON THE
WASHINGTON STATE DEPARTMENT OF' NATURAL RESOURCES EASEMENT
REALIGNING A PORTION OF TEANAWAY ROAD AT DICKEY CREEK BRIDGE
WHEREAS: The Board of County Commissioners accepted a Federal Lands Access program
grant with Resolution 2019-ll9 replacing the Dickey Creek Bridge on Teanaway
Road; and
WIIEREAS: The funding agreement was amended in July 2020 expanding the project
allowing for the realignment of Teanaway Road over and across *ashington
State Department of Natural Resources land; and
WHEREAS: Public Works has negotiated an easement acceptable to all parties in the bridge
replacement project; and
WHEREAS: The project is ready to go to construction following execution of the easement by
the Board of County Commissioners.
NOW, THEREFORE BE IT RESOLVED: The Board of County Commissioners, after due
consideration, does hereby authorize the Board's signature on the Washington State Department
of Natural Resources easement realigning a portion of reanaway Road.
DATED this l5th day of March2022, at Ellensburg, Washington.
BOARD OF COL]NTY COMMISSIONERS
KITTITAS COI"'NTY , WASHINGTON\\\llllll
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Board- Julie Kjorsvik
n Dqputy Clerk of the Board- Mandy Buchholz
Wright, Vice-ChairmanV.l
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Commissioner
Whor recorded return lo:
Dcpartment of Natural Resources
SoutheastRegion Office
713 Bowers Rd
Ellcnsburg, WA 98926
REVIEIVED
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WASHII{GIOI{ STATG DEPARTIiIEIIT OF
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NRTURflL RE5OUREE5
HILASY 5. FnAilZ lCOMMtsstOilE8 0f puBuc LAilDs
COUNTYROAD EASEMENT
Gcanto(s): STATE OF WASHINGTON, DEPARTMENT OF NATURAL RESOURCES
Grantqe(s): KIT.fffAS COUNTY
Description: NEl/4 Section 29 &SEI/4 Section 20, To'wnship 2lN. Range 16E., W.M., Kifiitas Cty. WA.
Easement No. 50-103249
I oflT EasementNo 5tr103249
This Easernent is bctwcen KITTITAS COUNTY PUBLIC WORKS, a political subdivision of
the State of Wasfrington hcrcin called "Granteen and the srATE oFwAsHINGToN, acting
by and throug[the Departrnent ofNatural Resources, herein called ustateu dated as oiItAr$ 3{, }of-" ,,Effective Date".
Conveyance. Statc for and in considcration of the terms and conditions specified hcrein,
hereby grants and conveys to the Grantee:
A non-exclusive easement in gross for the sole purpose ofconstruction, operation, uso, and
maintenance of a public road over and across portions of SEI/4 sec. 20, NEI/4 sec. 21,ToyryljP 21N., Range 16E., W.M. legally described on Exhibit A and shown approximately
on Exhibit B as "Easement fuca" (hereafter.Easement Arca').
Timber. Alltimber located within the Essement Area and timber subsequently grown within
the Easement Area shall belong to State but may be removed by Grantee subjicfto ttre
Danger Tree Remoyal olause hcrein.
Consideration. In exchange forthe mutual promises and covenants herein contained, and
other good and valuablc consideration, the mutual recerpt and sufficiency of which is hereby
acknowledged, the State agrees to the following terms and condhions.
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Relinqrishment. As additional consideration, Grantee hereby relinquishes and quitclaims all
rights and interest in and to thc approximately L23 acres where the county road is to be
abandoned cn those parcels legally described on Exhibit A and as shown approximately on
Exhibit c as "Relinquished Eascmcnt Arca" (hereafter "Relinquished Easement fuea').
Grant€e shall remove ail improvements and abandon the existing servicc road in the
Relinquished Easement fuca.
Construction and Access. State grants to Oranlee a nonexclusive easement, for construction
purposes only, over the Relinquished Easernent Area as shown in Exhibit C, which includes
the Easement Area and such additional easement area as is reasonably necesary for
construction on the Easement Ar€a. This construction Easemcnt shall terminate upon
completion ofconstruction by Grantee, qnd will meet the requirements as specified in Exhibit
D (Reclamation and Abandonment Requirements).
Term. The term of this Easement shall bc pcrpetual unles vacatcd as provided by law.
As-built Survey. Grantee shall file a Record of Survey acceptable to the State with the
KITTITAS County Auditor within ninety (90) days of the completion ofconstruction of the
Road. The Record of Survcy shallclearly indicate thc "as built" location ofall improvements
and facilities constructed or installed by Grantee within the Easement Area. Any changes to
the location of the Easement fuea as shown on Exhibit A requires prior approvalof Stare,
which may be contingent upon Grantee acquiring written approval &om entities with prior
rights in title. Upon recording, the specific location of the Easement Area shall be de€rned to
be as shown on the Record of Survey, which shall supersede and replace Exhibits A and B.
Assignment. Neither this Easement, nor any of the rights granted here in, shall be assigned
without prior written consent ofstate.
Compliance with Laws. Grantee shall, at its own expense, conform to all applioable laws,
regulations, permits, or requirernents of any publio authority affecting the Easement Area and
the use thereof, Upon request, Grantee shall supply Statc with copics of permits or orders.
Export Restrictions. Any export restricted timber originating fiom state land under this
Easemcnt shall not be exported until processed. Grantec shall comply with all applicable
requirements of WAC240-15-015 (rclating to the prohibitions on ixport and substitution;,
wAc 240-15-025 (relating to reporting requircments), and WAC 240-15-030 (relating to
enforcement). All export rcstrhted timbor from state lands shalt be painted and brandcd in
compliance wittr WAC 240-15-030(2). If Grantee knowingly violates any of the prohibitions
in WAC 240-15-015, Grantee shall be barred from bidding on or purohasing export reshicted
limbgr as provided, Grantee shall comply with the Export Administration Act of 1979 (50
U.S.C. App. Subsection 2a06(i)) which pmhibits the cxport of unprocessed westem cedar
hgs harvested fiom state tands.
2of17 EssementNo. 50-103249
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Indemnity. Grantee shall indemnify, defcnd with counsel acceptabie to State, and hold
harrnless State, its employees, officers; and agents from any and ail liabiliiy, damages,
expenses, causes of action, suits, claims, costs, fees (including attomey's fees), penalties, or
judgments, ofany naturc.whatsoever, arising out ofthe usq occupation, or control ofthe
Easement Arca by Crantee, its contractorE subcontractors, invitees, agsnts, employees,
licensees, or permittees, including but not lirnited to the use, storage, generation, proc.essing,
transportation, handling, disposal, release, or threatened release ofany hazardous substance or
materials. To the extent that RCW 4.24.115 applies, Grante,e shall not be required to
indemnify Stats from State's sole or concurrent negligencc. This indemnifrcation shall survive
the cxpiration or tennination of the Eesement Grantee waives its immunity undcr Title 5l
RCW and under RCW 36.75.300 to the extent requiied to indcmnify State.
Insurance. Before using any of said rights granted heroin and at its own expense, the Crantee
shall obtain and keep in force during the term ofthis Easernent and require its oontractors,
suh.contractors, or other permittees (with the exclusion of the Public Permittees) to obtain
while operating on the Easement Area, the following liabilitt insurancc policics, insuring
Grantee against liability arising out of its operations, including use of vehicles. Failure to buy
and maintain the required insurancc may rosult in the termination ofthe Easement at State's
optictn. The limits of insurance, which may be increased by State, as deemed necessary, shall
not be less than as follows:
(a) Cqmmercial Ceneral Liabilitv (CGL'\ insurance- with a limit of not less than
$1,000,000 per each occurence, If such CGL insurance contains aggregate
Iimits, the general aggregate limits shall be at least twice the "each occurrenca"
limit, and the products-completed operations aggrcgate limit shall be at least
twice the "eaih ocourrence" limit.
(b) Employgr's liabilitv ("Stop Gap'\ insurance, and ifnecessary, comrnercial
umbrelle liability insurance with limits not less than $1,000,000 each accident
for bodily injury by accident or $1,000,000 each employee for bodity injury by
disease.
(c) Business Auto Policy (BAP) insurance, and if necessary, commercial umbrelta
liabilify insurance with a limit of not less than $1,000,000 pcr accideng with
suoh insurance covering liabilhy arising out of 'rAny Auton. Business auto
coverage shall be written on ISO form CA 00 01, or substitute liability form
providing equivalent coverage. Ifnecessary ihc polioy shall be endorsed to
provide contractual liability coverage and cover a "covcred pollution cost or
expenscn'as provided in thc 1990 or latcr versions of CA 00 01. Grantee
waives all rights against State for the recovery of damagcs to the extent they
are covered by business auto liability or commercial umbrella liability
insurance.
3 oflT Easemedt No. 5G103249
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(d) Grantes shall comply with all State of Washington workers'compensation
statutss and regulations. Workers'compensation coverage shall be provided for
all employees of Grantec and employees of any contractors, sub-contractors or
other permittees, Except as prohibited by law, Grantee(s) waives all rights of
subrogation against Sutc for recovery of damages to the extent they ari
covered by workers compensation, cmployer's liability, cornmercial geneml
liability or mmmcrcial umbrella liability insurance.
All insurance must be purchased on an occurrence basis and should bc issued by companies
admitted to do business within the State of Washington and have a rating of A- or betier in thc
most recently published edition of Best's Reports. Any exccption shall be reviewed and
approved in advance by the Risk Manager for the Department ofNatural Resources. If an
insurer is not admitted, all insurance policies and procedures for issuing the insurance policies
must cornply with Chapter 48. I 5 RCW and Chapter 294- 15 WAC.
The state of washington, Department ofNatural Rcsources, its eleoted and appointed
gS?Ftt' agcnts and employees shall be named as an additional insured on aligeneral
liability, excess, and umbrella insurance policies.
Before using any said rights granted herein, Grantee shall furnish State with a certificate(s) of
inlyra.nc9, executed by a duly authorized represcntative ofeach insurer, showing comptiance
with the insurance requirernents specified above. Certificate(s) must reference State's
-
easement number.
State shall be provided written notice before cansellation or non-renewal of any insurance
referrcd t? !gr.rin: as prescribed in statute (chapter 48.18 Rcw or chaptcr 4g.i5 Rcw).
Grantee shall include all contractors, sub-contractors and other permittees (with the exclusion
of the Public Permittees) as insureds under all required insurance poticies, or shall fi:rnish
separste certificates of insurancc and endorsements for each, Contractorg sub-contractors and
othcr pcrmiftees (with the exclusion of the Public Permitteos) must comply with all insurance
requirements stated herein. Failure ofcontractors, sub-contractors and oihcr permittees (with
the exclusion ofthe Public Permiuecs) to comply with insurance requirements does notlimit
Grantee's liability or responsibility.
All insurance provided in oompliance with this Easement shall bc primary as to any other
insurance or self-insurance programs sforded to or maintained by State.
-Grantee
waives all
rights against state for re!9very ofdamages to the extent these damages are covcred by
general liability or umbrella insurance maintained pursuant to this Easement.
By rcquiring insurancs hercin, Statc does nst rsprcsent that coverage and limits will be
adeguate to protect Grantee, and such coverage and limits shall nof limit Grantce,s liability
under the indemnities and reimbursemcnts granted to state in this Easemcnt,
If Grantee is self-insured, evidence of its status as a self-insured entity shall be provided to
4of17 EasementNo. 5G103249
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State, If rcquestod by State, Crantce must describe its financial condition and the self-insured
funding mechanism.
Wastc. Grantee shall not cause or permit any filling activity to ocour in or on the Easement
Area other than regular and routine maintenance, exccpt as approved by State. Grantee shall
not deposit refuse, garbage, or other waste matter ot usc, storc, generaten ptor,ess, transport,
handle, rcleasq or dispose ofany hazardous substance, or other pgllutants in or on the
Easement Arsa, cxccpt as approved by State.
The term hazardous substance means any substance or material as thosc terms are now or aro
hercafter defincd or regulated under any federal, state, or local law including but not lirnited
to thc Comprehensive Environrnental Response, Cornpensation and Liability Aot (CERCLA
42VSC 9601 et seq,) as administered by the US Environmental Protection Agcncy, or the
Washington Model Toxic ControlAct (MTCA RCW 70.105D) as administercd by the State
I)ept. of Ecology,
Grantee shall immcdiately assume responsibility for a hazardous substance release (spill)
caused by Grantee or its Permittees on or a{oining the Easement Area.
As responsible party, Grantee shall:. Immediately notify all necessary emergency response agencies, as required under
federal, state and local laws, regulations, or policies.
r Following omcrgency rcsponse agency notifications, notiS State (Dept. ofNatural
Resources) ofall spill rcleases and Grantee actions completed for spill reporting and
act'pns pianned or completed toward spill cleanup. State notification requirements are
"same business dat'' notification for normal state work days and "next available
business day': noriS"rtion for wsckends and holidays.. At Crantees sole expense, conduct all actions necossary to mitigate the spill release.
Mitigation res?onse aotions may include, but are not necessarily limited to, inhial
release containment, follow-up site cleanup and monitoring actions, and continued
. contact and coordination with regulators and State, as defrned under the
aforcmcntioned laws, regulations, policies and this agrcement"
. Other than performing initial cmergcncy rcsponse cleanup/eontairunent aations; obtain
apptovals in advance ofall site cleanup actions (e,g. site characterization
investigations, feasibility studies, site cleanup and confirmation sampling, and
groundwater monitoring) conduoted on State lands, in coordination with regulatory
agencies and State.
. Obtain and understand all necessary hazardous substance spill rcleasc notification and
response mitigation requirements, in advance of conducting Grantee operations on
State land.
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Suney Markers. Grantee shall not destroy any land survey corner monumenls and/or
rcference points (including but not limited to corner markers, witness objects, or line markers)
without prior wriften approval from State, which shall not be unreasonably withheld.
Monuments or reference points that must necessarily be disturbed or destroyed during road
conslruction or maintenance activities must bc adequately refercnced and replaced, at the
Grantec's cost, undcr the direction of a State of Washington Pmfessional Land Survcyor" in
accordance with all applioable laws of the State of Washington in force at the time of
construction, including but not limited lo RCW 58.24, and all Department ofNatural
Resources regutations pertaining to prescrvation of suoh monuments and reference points.
Construction/Reconstruction, Sixty (60) days prior to any construction or reconstruction by
Grantee on the Eascment Arca not assooiated with regular and/or rpuiine road maintenance.
Grantee shall submit a writren plan of construction to Stato outlining the construction or
activity for Stale's approval, which shall not be unreasonably withheld. In the event of an
€mergency requiring immediate action to protect pcrson or property, Grantee rnay take
reasonable corrective action without prior noticc to State. All construction or reconstruction
shall comply with applicablc state or local laws.
Maintenance, Repairn and Improvementq, Grantee shall have sole responsibility for the
maintenanoe, rcpair and improvcment of the road to county road standhrds.
Weed ControUPesticides. The Grantee shall control at its own cost, Ell noxious weeds on any
portion ofthe Eascment Area hercin granted. Suoh weed control shall comply with county
noxious weed control board rules and regulations sstablished undsr thc Uniform Noxious
Weed Control Statute (Chapter 17.l0 RCW). The Grantec shall be responsible for, or shall
immediately reimbursc State any weed control cost incurred as a result of the Grantee's failure
to control weeds on thc Easerncnt Arca.
The aerial application of pesticides is not permitted.
Notice, Any notices or submitlals required or permitted under this Easement may be delivered
personally, scnt by facsimile machine or mailed first olass, return receipt requested, to the
following addresses or to such other place as the parties hereafter direct. Notice will be
deemed given upon delivery, confirmation of facsimile, or thnee days after bcing nrailed,
whiohever is applicable.
To State:
DEPARTMENT OF NATURAL RESOI.JRCES
Southeast Region Office
713 Bowers Rd
Ellensburg WA 98926
To Grantee:
Kittitas County
6 ofll EasemenlNo. 50-103249
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4l I N. Ruby St., Suit€ I
Ellensburg, WA98926
Recording. Grantes shall record this Easemcnt in the county in which the Easement Property
is located, at Grantee's sole expense. Grantee shall provide State with a copy of the recorded
Easement. Grantee shall have thirty (30) days from the date of delivery ofthe finalexecuted
agresment to comply with the requirements ofthis seetion. If Grantce fails to record this
Easernent, State may record it and Crantee shall pay the costs of recording, including interest,
upon State's demand.
Danger Tree Removal. Individual trees located within Easement Arca and within the
Easement Area which shall be dangerous to the op€ration and use of the Easemcnt Arca, may
bc removed subject to the following:
l. Fall andlor remove the necessary danger tree(s) without advance authorization
from State.2. Cruise the fetled and/or removed tree(s).3' Grantee qhall notiff state in writing of the tree(s) felled and/or removed and
include a map of thc location and a cruise within fourteen (14) days after
felling.
4. State will detcrminc thc fair market value ofthe tre€(s) felled and/or removed
and bill tho Grantee,5. Grantee shall pay for the tree(s) within thirty (30) days ofreceipt of the billing
notice.
Abandonment. In the event any portion of the road is abandoned, the Grantee shall take the
necsssary legal action to vacate such portions and shall immediately restore tho land within all
vacated portions to naturalconditions as may be directed by State. ln restoring the tand, all
asphalt shall be removed from ths vacated Fftion; the asphalt shall not be deposited on the
{jalent State land. In addition, the land surfacc shall be scarifred to blend with the adjoining
landscape.
Noncompliance. State shall notifu the Grsntee of any instance of noncompliance by the
Grantee, its contractors, subcontractors, invitees, agents, imployees, licensees, or plrmittees
wlth any ofthe terms and conditions hercof. Such notice will specifically identiff the manner
of noncompliance herewith.
In the event the Grnntee does not undertake, or cause to be undertaken, remedial action within
forty-five (4!l q"ys following receipt of said notice, state, acting by and through its Region
Manager aq Ellcnsburg, Washington, may suspend the Grantee's operations uniil such time as
effective remedial sction is takcn.
Construction. The terms ofthis Easement shall be givcn thcir ordinary meaning unless
defined herein and shall not be presumed construed against the drafter.
7 ofl7 EasementNo. 50-103249
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Effective Date. The Effective Date of this Easemcnt shall bs the date on which the tast parry
executes this Easement. The Elfective Date will be inserted on the first page of the Easement
when such dats is determined.
Exhibits. All exhibits referenced in this Easement arc incorporated as part of the Easement.
Ilcadings, The headings in this Easement are for convenicnce only and are not intended to,
and shalJ not be construed to, limit, cnlarge, or affcct thc scope or intent of this Eascment nor
the meaning of any of its provisions,
Modilication. Any modification ofthe Easement mu$t be in writing and signed by the parties.
State shall not be bound by any oral representations or statcments.
Non-waiver. The waiver by State of any breach orthe fsilure of Shtc to require strict
compliance with any term herein shall not bc deemcd a waiver of any subscquent brcach.
Severability. lf any provision of this Easement shall be held invalid, it shall not affect the
validity ofany other provision herein.
E oflT Easemcnt No, 50.1 03249
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IN WITNESS WHEREOF, the parties hereto have executed lhis instrument, in duplicate, as
of the day and year first above writtcn.
BOARD OF COUNTY COMMISSIONERS
205 West 5ft Street, Room 109
Ellensburg, WA 98926
Dated:UbL*Wzh-!fr-, 20 M
Commissioner
tb 20Ah
Commissioner
Dated ,yyJt,l'/' !5 ,zob
Brett
Commissioner
STATE OF WASHINCTON
DEPARTMENT OF NATUML RESOURCES
Dated: ?'{ .zoZL.0 /.il^
Approvcdas to form
Oaober 18,2002
by Mike Rollingor
Assistant Attomey General
for the State of Washinglon
W. BRODIE
Deputy Supervisor for State Uplands
P.O. Box 7000
I I I I Washington Strcet SE
Olympia WA 98504-?000
Eas€ment No. 50-1032499ofl7
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REPRESENTATTVE ACKNOWLEDGMENT
State of Washington
county "r l{'lll*{,tb Lptuffi OSrta-rLACz\-t-
I certify that I know or have satisfactory evidencr
the individuals who appeared hfore me, and ,^r; r*\W{;
this instrument, on oath statcd that they were authorized to execute the instrument and
acknowlcdged it as the County Commissioners of A&fuS_County to be the
&ee and voluntary act ofsuch party for the uses and p[rposes mentioncd in tho instrument.
Dated: tzfryl vrh LF-u {f4^-
(Sealor stamp)
A ll
a
(Print
Notary Public in and for State of Washington,
residing at
Myappointmentexpires P4 q -FU",
Eascme|lt No. 50-103249
06
12of 17
ur9
lSgf0
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STATE ACKNOWLEDGEMENT
State of Washington
County of Thurston
I ccrtify that I know or have satisfactory evidence that ANGUS w. BRODIE is the person
who appeared before me, and said person acknowledged that he signcd this instrumlnt, on
oath statcd that he was authorized to execute the instrument and acknowledged it as the
Deputy Supervisor Ibr State Uplands of the Department of Natural Resourcos of the Stare of
washington to be the fiee and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated
(Seal or stamp)
\(
Op
ttt
&;,v,vo Mow
(Signature)
(Print Name)
Notary Publio in and
Washinglon, rcsiding
for the
EastmentNo. 50.103249
Myappointment expires
13 oflT
1533S6
2V I?l)7.
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EXHIBITA
EASEMENT AREA
Portions of Sections 20 &?g,Towrship 2l North, Range l6 East, W.M.,
Kittitas County, Washington.
Those portions of land as county road (North Fork Teanaway Road), tooated in the Northeast
1/4 of Section 29 and the Southeast l/4 of Scction 20, all in Township 2l North, Range 16
East, W.M., Kittitas Countn Washington
14 of l7 EasementNo.50.103249
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EXHIBIT B
EASEMENTARf,A
* H5EMENTAREAlF snrr
0 0.13 0.2s
r,lap creaied 0310I/2022
Eas€rrEnt Arca Appmx.3537.00 Fe€t. ln tErigth
ADproc 60.00 Fc€t ln Width
Apprdx. 4.87 Acres
N
A
0,5 Mlles
I5 of l7 Easemcnt No. 50-103249
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EXHIBIT C
RELINQUTSHED EASEMENT AREA
a a$a{g{r
^nE[
-
ft r$Qin5ft o 6aso4Fff l!€A
trsiATr
Map Crea*d 03/01/2022
o 0.r3 0.25 0,5 Lliles
I6 of l?EasementNo. 50-103249
N
A
t8 I
!?tr!
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EXIIIBIT D
RECLAMATION AND ABANDONMENT RE,QUIRAME,NTS
a
a
a
ln restoring the land, Grantee shall remove from State Land atl asphalt and contaminated
material in the areq being vacatcd and abandoned.
The reclaimcd arca shall bc reshaped to match existing topography and rippcd to a depth
of24 inches.
Grantee shall seed and ensure successful cstablishment ofvegetation over all areas made
void of natural cover by operations hcrein with a certified wced-frce grass seed mixture
natiye to tho area as approvod by State.
l7 ofll Easemcnt No.50-lA3Zi9