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Home My WebLink About25-78 ..... i - III , e ,,' .......::; RESOLUTION NO. Pis -71 A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending Resolution No. 3-78 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 '~ge1es 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 of Clal1am and State of Washingtoni 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 CitYi 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 themi and WHEREAS, the parties agreed to certain changes in the terms and conditions for the granting of the easement by the CitYi and WHEREAS, Burrowes and Fox have agreed to the following terms and conditions for the granting of the easement: 1. Burrowes and Fox shall pay ($1.00) Dollar and other valuable considerations. 2. The term of the easement shall be for a period of Twenty-five (25) years, with an option to renew for a term to be agreed upon by the parties. 3,. Burrowes and Fox shall utilize all reasonable measures to reduce or eliminate environmental hazards, particularly with respect to Morse Creek and its tributaries, and 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 conditions set forth in the easement deed. ~ 5. The easement s~all be personal to Burrowes and Fox and not appurtenant to the lands, but shall be assignable with the consent of the City, which consent shall not be unreasonably withheld. 6. Appeal of C1allam County Cause No. 22972 shall be dismissed as to the City of Port Angeles within ten (10) days from the granting of the easement. 7. Grantee shall pay wi thin thirty (30) days the City's judgment for attorney's fees and costs in Clallam County Cause No. 22972. , 8. The Grantee shall comply with the Forest Practices Act of the State of Washington to protect the watershed. 9. The Grantee shall maintain the road as a private road and shall have a locked gate to prevent public access located at a place to be determined by tre parties within sixty (60) days after the granting of the easement. 10. The Grantee shall provide approximately 100 feet of asphaltic paving or equivalent material on each side of the Lake Creek bridge crossing to prevent dirt runoff into Lake Creek. 11. Easement shall be exclusively used to provide access to the Burrowes and Fox timber lands referred to above for logging purposes only. NOW, THEREFORE, BE IT RESOLVED by the City Council of the . City of Port Angeles that the Mayor is ~ereby authorized to , " sign the deed granting an easement forlthe~rebui"lding, repair, maintenance, operation and use ,o~ a,privateroad,for hauling , - - - . logs, including the above terms and conditions, and said eastment to be sixty (60) feet in width and is 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. BE IT FURTHER RESOLVED that written approval of both the e 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. .....2-, I e ~ ." ~ . , f ~ \ ~ ; . . 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 18th day of April, 1978. , ...." .......~--..."..,..,...,....-... .'~':,p "~--- ATTES:T;" \ _ _ E .: ~ ~ e,~l~ /" 'CITY..CLERK APPROVED AS TO FOffi1: t12d~ CITY ATTORNEY ~ , -- k~rj(~Ph( { ; ,. j, , -3- i~'~~'1:~~~; :'.;,.,. ",'. ... ;1 EXHIBIT "A" ,. The s~utheast q~arter of th~ Northwest quarter (SE1/4 of the NWl/4) of Section 5, Township 29 North, Range 5 West,of the WiJlamette Meridian, in Clallam , County, Washington, All of the Northeast quarter of the Southwest quarter (NE 1/4 of the SWl/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 all times for the purpose of maintaining, repai~- lng,' laying and removing pipe. I wl/2 SE SW, Section 5, Township 29 North, Range 5 West W.M. The East one-half (EI/2) of the Southeast Quarter (SEl/4) of the Southwest Quarter (SW1/4) of Section 5, Township 29,North', Range 5 West, W.M. I The East half of the Northeast Quarter of the Southeast Quarter; and the South Ten (1.0) 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 6, Township 29 North, Range 5 West, W. M., Clallam 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 (10) acres of the South Twenty (2.0) 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 6, Township 29 North, Range 5 West, W. M., Clallam County, Washington. Those portions of the South half of the Northeast quarter (sVZ of the NEI/4), the " Southeast quarter (SEl/4), and the West half (\A{l/2) of Section 8, Township 29 North, Range 5 West, of the Willamette Meridian, Clallam 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 (18026') East to the North line of said Section 8 and lying West of a line which begins in the South line of said 'Section a'at a point Thirty-five hundred eighty-':fcur (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 (NEl/4). Southwest quarter (SWl/4) of the Southeast quarter (SElj4) of Section 5 and the Northwest quarter {NW1/4) of the Northeast quarter (NEl/4) of Section 8, all in Township 29 North, Range 5 West.of the Willamette Meridian, County of Clallam, ~, Stat~ of'Washington. The Northwest quarter of the Southeast quarter of Section 5, Township 29 North, Range 5 West of the \Villamette 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 quorter and -3- .. --- ,:i.'.""-\,,.:~ c 'Ex"h'b't ;;A"" ::~ ./f- -:-;'~._<." _~:..: . ,1 1. ., " ::t.;,';,-'" ,~Page'two ' ',-' . . ,~5~,,:, " ~.'. ";.:.' .,.... . . . ~. ........... , ,e ~ ,"0 t. . .~. ~.::: :.' ., =. . -;. - :;-.. . . ~ . ". of the S9uth half of the Northwes~ q:uart~r 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, Pag e 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 Willarnette Meridian, Clallarn County, Wa shington, lying Northwesterly of the Deer Park Road, said 'parcel being described as beginning at the Northwest ~orner of said Section 9; thence East 160 feet in the 'No~th line thereof; thence South 180 26' West 506 feet, more or less, to the West line of Section 9; thence North 480 feet in the said West line to the point of begin- ning. TOGETHER WITH a parcel of land acquired by a Thirty-Year Easement and Lease from, the City of Port Angeles identified as Tract No. A-lODE and more particularly described as: That portion 'of the East half of the Southwest gua'rter of Section 5, Township 29 North, Range 5 West of the Willarnette Meridian, Clallam County, Washington, which lies ' EeI~ terly. 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. -4- r-