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CLALLf.l.t'i, COUNTY. W;\SH,~
Project No. 95-~ ~Isi. DEPUTY
RETURN ADDRESS:
City of Port Angeles
Public Works Department
PO Box 1150
Port Angeles, WA 98362
DOCUMENT TITLE:
Lease Amendment 51 032481
REFERENCE NUMBERS OF RELATED DOCUMENTS:
GRANTOR(S): (last, first and middle initial)
State of Washington Department of Natural Resources
GRANTEE(S): (last, first and middle initial)
City of Port Angeles
LEGAL DESCRIPTION: (abbreviated form)
Tidelands East of Laurel Street
ASSESSOR'S PROPERTY TAX PARCEUACCOUNT NUMBER:
BOOK 118~; fJflGE 250
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STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
JENNIFER M. BELCHER
Commissioner of Public Lands
Olympia, Washington 98504
LEASE AMENDMENT 51-032481
TABLE OF CONTENTS
SECTION
PAGE
1. AMENDMENTS.... ..................................................... 1
2. EFFECTIVE DATE . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3. NO RELEASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4. WARRANTIES ......................................................... 2
5.' CONFIRMATION OF LEASE .............................................2
6. RECORDATION........................................................ 2
1
BOOK 11.89 PAGE 251
~.-
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
JENNIFER M. BELCHER
Commissioner of Public Lands
Olympia, Washington 98504
LEASE AMENDMENT
AQUATIC LANDS LEASE AMENDMENT NO. 51-032481
THIS L~ASE AMENDMENT is made by and between the ST ATE OF WASHINGTON,
acting through the Department of Natural Resources ("State"), and City of Port Angeles, a
government agenc~/entity ("Lessee").
BACKGROUND
A. Lease No. 51-032481 was entered into on the 2nd day of October, 1967, by and
between CITY OF PORT ANGELES as lessee and the STATE OF WASHINGTON, acting by
and through the Department of Natural Resources, as landlord ("State"), and recorded with the
Clallam County Auditor's office under recording number 51-032481 (the "Lease").
B.
conditions:
The parties now desire to amend this Lease under the following terms and
THEREFORE, the parties agree as follows:
1. AMENDMENTS
Section "Legal Description" of the Lease is amended to read as specified in Exhibit "A"
attached hereto.
2. EFFECTIVE DATE
The amended provisions shall become effective as of June 1, 1997.
3. NO RELEASE
State is not releasing any previous Assignor from fully performing the provisions of the
Lease in effect at the time of such assignment or as otherwise agreed in writing between the
State, previous Assignor, and the Lessee.
1
BOOK 1189 PAGE 252
4. WARRANTIES
Lessee represents and warrants to State that (i) the Lease is in full force and effect; (ii)
Lessee is not in default or breach of the Lease; (iii) Lessee has no knowledge of any claims,
offsets, or defenses of the Lessee under the Lease; and (iv) to the best of Lessee's knowledge, the
property is in full compliance wIth all applicable federal, state, and local governmental permits,
rules, ordinances, and laws.
5. CONFIRMA TION OF LEASE
. All other terms of the Lease not inconsistent with this Lease Amendment are hereby
affirmed and ratified.
6. RECORDA TION
Lessee shall record this Lease Amendment in the county in which the Property is located,
at Lessee's sole expense. Lessee shall provide State with recording information, including the
date of recordation and file number. Lessee shall have thirty (30) days from the date of delivery
of the final executed agreement to comply with the requirements of this subsection. If Lessee
fails to record this Lease, State may record it and Lessee shall pay the costs of recording upon
State's demand.
THIS AGREEMENT requires the signature of all parties and is executed as of the date of
the last signature below.
STATE:
Lessee
STATE OF WASHINGTON
DEpARTMENT OF NA AL
.:RES'OURC '
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\,~I!s: "C>lYJUP1C, RegIOnal Manager
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Dated:"( / - /..-? - 77
City of Port Angeles
321 East Fifth
Port Angeles, W A 98362
P.E.
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By:
Type or Print Name
Its: [ CITY ENGINEER
Dated: [ May 23, 1997
51-032481
2
BOOK 11. 8 H PAGE 2 ~ 3
CERTIFICATE OF ACKNOWLEDGMENT
ST ATE OF WASHINGTON)
) ss.
County of Clallam )
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On this ~ day of ..) v 1~ , 19::::.L/-, personally appeared before me
THOMAS E. ROBINSON, to me known to be the Olympic Regional Manager of the Department of Natural
Resources, state of Washington, who executed the within and foregoing instrument on behalf of the state of
Washington, and acknowledged said instrument to be the free and voluntary act and deed of the state of
Washington for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute
said instrument and that the seal affixed is the official seal of the Commissioner of Public Lands for the state of
Washington.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
~
SEALCSr~~~
~~
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Kathy K. orris
NOTARY PUBLIC in and for the
state of Washington, Residing in Clallam Co.
My commission expires.~
51-032481
3
BOOK 1.189 PAGE 254
ST ATE OF WASHINGTON )
) ss.
COUNTY OF (CLALLAM )
I certify that I know or have satisfactory evidence that [ GARY H. KEm.;rORTHY ] is the person
who appeared before me, and is the [President/Secretary/Managing Partner/General Partner/ CITY ENGINEER
_] of [CITY OF PORT ANGELES ] ("Tenant"). I further certify that said person acknowledged the
foregoing instrument to be the free and voluntary act of the Tenant for the uses and purposes mentioned in the
instrument, and on oath state that [he/she] is duly authorized to execute and acknowledge said instrument.
..1
~tub~LdW
[Pnyl1 is RRsler
(Type/Print Name)
Notary Public in and for the State of Washington
residing at Port Angeles
My Commission Expires 7/20/98
DATED: [
May 23, 1997
51-032481
4
BOOK 118 B PAGE 255
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ATTACHMENT 1 >f
R.H WINTERS CO. INC
~ SUR VEYING & MAPPING
. . 1510 Highway 101 West
'. ~ Sequim,' Washington 98382. (206) 683.3363
Port Townsend: (206) 385-1225
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LEGAL DESCRIPTION
NEW OUTF AU. DlFFUSER
FOR THE CITY OF PORT ANGELES
An.ea8ement, 200 ft. in width, over, across, along, and undor that portion ofsubmcrged
Public lands of Port Angc:lee Harbor, OMlcd by the State of Washington, tho centerline of
which is more particularly described as foUows:
Commencing at a poblt on the Inner Harbor Line which bean S 6M2' HI 2S6.60 ft. tram
the most northerly comer of Block 1 112, Divisio.n"B" t Supp1cmentl11v1ap of Port Angeles
Tidelands (East of LaureJ St.); Thence N 160)0' E, 3200 ft. to tho northeastcrty limits of
the existing sewer outfall casement as described under DNR RIW app~on no. 32481
and the POINT OF BEGIN1\1JNG; Thence continuing N 16"30' E 100 ft. to the terminus
of this easement '~enter1ine
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PLAN AND DETAIL
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STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
DOUG SUTHERLAND, COMMISSIONER
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TV OF PORT ANGELES
:1 EAST FIFTH STREET
o. BD X 11 50
lRT ANGELES, WA 983621150
lbject: Right of Way Agree~ent no. 51032481
10/17/1968, the Depart~ent of Natural Resources issued a right of way
re&~ent to CITY OF PORT ANGELES for aJan SEWER OUTFALL
c aterd at:
An eese~&nt, 200 ft. in width, over, across, along, and
un der r. that por.ti orl of sub~l?r'gl?d Publ ic Lands of Port
Angerlers Harbor, ownerd by ther Statl? of Washington, the
centerline of which is ~ore particularly described as
fo 11 ow s ~
COMMerncing at a point on the Inner Harbor Line which bears S
69 degrees 22 feet E, 256.60 feet fro~ the ~ost northerly
corner of Block 1 1/2, Division "8", Supple~l?ntal Map of
Port Angeles Tidelands (East of Laurel St.); Thence N 16
'degr'ees 30 fE'et. E. 3200 feet. to t.he nc.r.theasterly liMits of
ar'e aucHti ng thi s agree~ent arid nee-d tel kncrw: 1) if the ar.ea gr.ante-d ur.de-r.
i sri 9h t of w ay i s s l i I I be i n g ut i I i z e-d for t he aut ho r i zed use-; and 2) i f
TV OF PORT ANGELES owns and ~aintains the SEWER DUTFALL.
~ase check the appropriate line and retur'n this letter to the address below.
1. Do you still need this are-a for the placeMent of the
SEWER ~LL?
Yes ________ No ________
2. If not., are there any iMproveMents still on the site?
Yes ________ No ________
,ntact P&r'son Na~e ~f_i'it:'~~~Phone NUMber'_~~_-:-~:fJ.1::YKOs
Co 0, e~~~,
. CITY OF PORT ANGELES has assigned this right of way to another
)tity, WE' will n.ed to do a legal transfer of the assignMent. You will
?ed to notify us so that assign~ent dOCUMents can be- prepared.
)r any qu~stions that you ~ay have, please contact your land Manager.
}UATIC RESOURCES DIVISION
~11 WASHINGTON STREET SE
~YMPIA, WA 98504-7027
J60> 902-11 00
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May 23, 1997
Department of Natural Resources
Olympic Region Office: Kathy Norris
411 Tillicum Lane
Forks, W A 98331
RE: Lease No. 51-032481
Our Project 95-09
Dear Ms. Norris:
Enclosed are three originals of the Lease. They have been signed by the
appropriate City official.
We look forward to receiving a fully executed copy of the Lease after it has been
approved by DNR.
Very truly yours,
Phyllis Rasler
Administrative Assistant
enc.
cc: J. Pittis, PW Director
G. Kenworthy, City Engr.
N :IPROJECTSIARCHIVEI95-090FIDNRLEASE.P AR
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STATE OF WASHINGTON
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COMM"'IONat .
BERT COLE
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OON LEI" ....,tlllat
SUPmIYt__
BOX HS8
OLYMPIA. WASHINGTON
98501
Augus t 26, 1968
City of Port Angeles
!4O West Front Street
Port Anseles, washington 38362
Gent J emen:
This is in conr~ction with your Application No. 32481 for
an easement for right of way for Sewer outfall over harbor
area and bed of Port Angels Harbor in front of Block lt,
Di',ision 1r8", Supplemental Map of Port Angeles Tide lands (east
of Laurel Street).
We will grant this ea:ement and the charge therefor will be $320.00.
If you will arrange to forward that amount, an oreer will be
entered granting the eaSement.
Yours very tr~ly,
BERT L. COLE
Commissioner of Public Lands
By
;?e.~
R. C. C DALL, P.E.
Assistant Supervisor
Civil Engineering Division
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STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
BERT L. COLE, Commissioner of Public Lands
*******************
*
In re: Application No. 32481 by
City of Port Angeles for Right of
Way for Sewer Outfall over certain *
State Land in Clallam County
o R D E R
and
CERTIFICATE OF GRANT
o F
RIGHT OF WAY
*
*
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*
*******************
It appearing to the Commissioner of Public Lands that Application
No. 32481 has been filed in this office by CITY OF PORT ANGELES for an
easement for right of way for seWer outfall over the harbor area and bed of
navigable waters in front of a portion of Block It. Division "8", Supplemental
Map of Port Angeles Tide Lands (east of Laurel Street). located in the City
of Port Angeles near Ennis Creek Waterw~y in northeastern Clallam County; and
It further appearing that the applicant is pr~pcsing to construct
over said land Covered by said application a sewer outfall; that the land
within the rigr.t of way so applied for is limited to an amount neCe5S~ry for
the purpose required. together with sufficient land on either side thereof
for ingress and egress to maintain and repair the same; and
It further appe~r;ng that there is no merchantable timber on the
area covered by said application; that the land required for the right of way
has a value of $320.00; and the Commissioner being fully advised and believi..g
that an eaSement for right of way should be granted, it is therefore
ORDERED and DETERMINED that the full value of the land included
in said Application No. 32481 be and the same is hereby fixed at $320.00;
that the total Q~unt has been paid; and the right, power, privilege and
authority to construct, operate and maintain a sewer outfall upon and Over
the land hereinafter described may be exercised in accordance with the
provisions of Chapter 73, Session Laws of 1961; the land incl~ded within
s~id right of way being more particularly described as follows:
ihd~ portion of the harbor area, lying in front of Block It.
Division liB". Si.ppl elllenla I Map i)f Port l\nfJelcs Tidc Lands (ca5t of
Lilll"':-' ~.lrc~t) "/lU tile hcd ul ;'un 1\I'~clu:. Iltlrour, uwlled oy tho
State of Washington. included within the limits of a strip 200 feet
in width, having 100 feet of such width on each side of the
fOllowing described centerline:
Beginning at a point on the inner harbor line which is
S 690 22' E 256.60 feet from the r.~st northerly corner of said
Block It. Oivision "BIl and run~ing thence N 160 30' E 3,200.00
feet, more or less, to the terminal point of this centerl ine
description, having an area of 14.69 acres as shown on the plat
thereof on file in the office of the Commissioner of Public Lands
at Olympia, Washington.
PROVIDED, however, that should the City of Port Angeles ever
abandon the use of the right of way for the purpose for which it was granted
the right of way shall revert to the State of Washington or its grantee.
~
Dated this /7- day of
ri i
(,.L~~.
, A. D., 1968.
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
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By- /;(.~,J li1Jv.
-BERT L. COLE
Commissioner of Public Lands
sa1
App. No. 32481