HomeMy WebLinkAbout03-78
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RESOLUTION NO. 8-'7;
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, authorizing the Mayor to sign an easement across
City property to permit Burrowes and Fox Logging Company to
log and market timber owned by them.
WHEREAS, the City of Port Angeles is the owner of the property described in
Exhibit A and made a part of this resolution as if it were set out in full, in the County
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of Clallam and State of Washington; and
WHEREAS, the City Council has no desire to prevent any individual from
using his property, yet remains bound to protect the property of the City; and
WHEREAS, Stanley R. Burrowes, Rufus L. Fox and Robert Fox, a partnership,
d/b/a Burrowes and Fox Logging Company, hereinafter referred to as "Burrowes and
Fox," own timber lands on property both to the South, West and East of the above-
described parcel of land and are desirous of obtaining an easement across said City
parcel for the sole purpose of logging and marketing timber owned by them; and
WHEREAS, Burrowes and Fox have agreed to the following terms and condi-
tions for the granting of the easement:
1. Burrowes and Fox shall pay One ($1. 00) Dollar and other valuable
considerations.
2. The term of the easement shall be for a period of twenty-five (25) years.
3. Burrowes and Fox shall utilize all reasonable measures to reduce
or eliminate environmental ha zards, particularly with res pect to
Morse Creek and its tributaries, including but not limited to the
provisions more fully detailed in the deed granting the easement.
4. Burrowes and ,Fox shall comply with "all the provisions and condi-
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tions. se~}orth in the1eas'ement deed.
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s. The easement shall'be persortal"to Burrowes and Fox and not appur-
tenant to the lands'. i-_ .
6. Appeal'.of'Clall~m'CountY:ICa\1se'iNo. 22972. shall' be 'dismissed as
to the City of Port Angeles.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Angeles that the Mayor is hereby authorized to sign the deed granting an easement
for the rebuilding, repair, maintenance, operation and use of a private mad for
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hauling logs,: inCluding the ab6ve terms 6nd conditions, and said 'easement to he
forty (40)' feet in width and i8 to follow the course of the existing logging road
across the City's above described tract of land as more particularly described
in the deed.
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BE IT FURTHER RESOLVED that written approval of both the said easement
in the Morse Creek watershed and of the Elwha River Water System to supply water
to the City of Port Angeles shall be received from the Washington State Department
of Social and Health Services prior to the signing of the deed by the Mayor.
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PASSED by the Council of the City of Port Angeles, Washington, and approved
by its Mayor at a regular meeting of said City Council held this 25th day of
January" 1978.
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ATTEST:
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CITY CLERK
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CITY ATTORNEY
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EXHIBIT II A"
The Southeast quarter of the Northwest quarter (SE1/4 of the NW1/4) of Section
5, Township 29 North, Range 5 West of the Willamette Meridian, in Clallam
County, Washington
All of the Northeast quarter of the Southwest qu?rter (NE 1/4 of the SW1/4) of
Section 5, Township 29 North, Range 5 West W.M.;
Also an easement Fourteen (14) feet in width, being Seven (7) feet of such width
on each side of the center line of the pipeline of the said City of Port Angeles
as the same is now staked out, located. established and laid over and across
Section 5, Township 29 North, Range 5 West W. M., together with the right to
enter upon said strip of land at aU times for the purpose of maintaining, repair-
ing, laying and rem~vin? ~iPe., t ,t ,r -; , .,~ t
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W1/2 SE SW, Section 5, Township 29 North, Range 5 West W. M.
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The East one-half (E'1/2) pf the Southeasf Quarter' (SE1/4) of the Southwest Quarter
(SW1/4) of Section 5. To;"nship i9, .North, Range S'West, W.M.
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The East half of the Northeast Quarter of the Southeast Quarter; and the South Ten
(10) acres of the following tract:
The Northwest Quarter of the Southeast Quarter and the West half of the Northeast
Quarter of the Southeast Quarter; all lying in Section 5, Township 29 North, Range 5
West, W.M., ClaHam County, Washington.
Reserving to the grantors an easement for ingress and egress over and across a forty-
foot strip as now blazed on the above described property.
The North Ten (IO) acres of the South Twenty (20) acres of the following described
property:
The Northwest Quarter of the Southeast Quarter and the West half of the Northeast
Quarter of the Southea$t Quarter, Section 5, Township 29 North, Range 5 West,
W. M., Clallam County, Washington.
Those portions of the South half of the Northeast quarter (Sl,/2 of the NEl/4), the
Southeast quarter (SE1/4), and the West half (W1/2) of Section 8, Township 29
North, Range 5 West, of the Willamette Meridian, ClaHam County, Washington,
lying East of a line which begins at the Southwest corner of said Section 8 and
bears North Eighteen degrees Twenty-six minutes (180 26') East to the North line
of said Section 8 and lying West of a line which begins in the South line of said
Section 8 at a point Thirty-five hundred eighty":foor (3584) feet East of the Southwest
corner thereof and bears North Eighteen degrees Twenty-six minutes (180 26') East
to the North line of said South half (S1/2) of the Northeast quarter (NE1/4).
Southwest quarter (SW1/4) of the Southeast quarter (SEl/4) of Section 5 and the
Northwest quarter (NW1/4) of the Northeast quarter (NE1/4) of Section 8, all in
Township 29 North, Range 5 West of the Willamette Meridian, County of Clallam,
State of Washington.
The Northwest quarter of the Southeast quarter of Section 5, Township 29 North,
Range 5 West of the Willamette Meridian, Clallam County, Washington, and
The Southeast quarter of the Southeast, quarter and the Northeast quarter of the
Southeast quarter of Section 5; the Northeast quarter of the Northeast quarter of
Section 8; and all that portion of the Southwest quarter of the Southwest quarter and
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Exhibit "A"
Page two
of the South half of the Northwest quarter of the Southwest quarter of Section 4
lying Westerly of the present Deer Park Road, all in Township 29 North, Range 5
West of the Willamette Meridian, Clallam County, Washington; EXCEPT that portion
thereof, if any, conveyed to Clallam County for right-of-way purposes by deed dated
October 22, 1943, recorded in Volume 158 of Deeds, Page 122, records of said county.
A parcel in that portion of the Northwest quarter of the Northwest quarter of Section
9, Township 29 North, Range 5 West of the Willamette Meridian, Clallam County,
Washington, lying Northwesterly of the Deer Park Road, said parcel being described
as beginning at the Nortbwe'st dorner' of said Stfctii:m ,9; thence East 160 feet in the
North line thereof; thence 'South '180 26' West 50'6 feet, more or less, to the West
line of Section 9; thence,North.480 feet in,thesaid West line to the point of begin-
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TOGETHER WITH a parcel of land acquired by a. Thirty-Year Easement and Lease from
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the City of Port Angeles identifiea a(TractINo. A.;.100E and more particularly described
as:
That portion of the East half of the Southwest quarter of Section 5, Township 29 North,
Range 5 West of the Willamette Meridian, Clallam County, Washington, which lies
Easterly of a line beginning at the center of said Section 5 and runs thence South
18026' West 2780 feet, more or less, to the South line thereof.
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