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Home My WebLink AboutAgenda Packet 08/25/2009 UtIlIty AdvIsory Comnuttee - ContllluatlOn From August 11,2009 PublIc Works Conference Room Port Angeles, W A 98362 August 25,2009 1000am I. Call To Order ChaIrman Reed call the meetlllg to order at 10 05 a m II. Roll Call Members Present ChaIrman Reed, Mayor Braun, Dan DI GmlIo, Karen Rogers Members Absent Betsy Wharton, OrvIlle Campbell Other CouncIl Members Present Chene KIdd Staff Present Kent Myers, BIll Bloor, Glenn Cutler, Cate Rmehart Others Present. Carol Brown - Lower E1wha Klallam Tnbe Happy Longfellow - Paramtnx Steve Shager - General Counsel, Lower E1wha (10 19) It was noted that Mayor Braun would take the place of Betsy Wharton and Chene KIdd would be an observer only. III. Late Items: September 8, 2009 Agenda IV. Discussion Item: A. Lower Elwha Klallam Tribe Valley Access Road - Temporary Easement Glenn Cutler, DIrector of PublIc Works and UtIlItIes dIstnbuted several handouts revIewlllg the contents WIth the CommIttee These lllcIuded a Memo ofUnderstandlllg e-mail from the County, ReservatIOn of RIghts to the City, and a draft Easement Agreement Carol Brown, Lower Elwha Klallam Tnbe, dlstnbuted a map and legal descnptlOns of the areas lllvolved There was a lengtlIy diSCUSSIOn Staff was requested to try to obtalll a formal Memo of Understanding from the County CommiSSIOners Information only. No action taken. Uhhty AdvIsory Committee August 25,2009 B. September 8, 2009 Agenda Glenn Cutler, Director ofPubhc Works, advised that due to the number of Items listed the meetmg the hme should probably be changed to accommodate them all A special meetmg will begm at 1 30 p m with the regular meetmg startmg at 3 00 p m V. Next Meeting Date: September 8, 2009 VI. Adjournment: The meetmg was adjourned at 11 56 am ~~~ Cate Rmehart, Admm Spec II N IPWKSILIGHTlCONS\CATE\augustllmeet wpd 9/1/09 Handouts from the August 25, 2009 ContInued Ulihty AdvIsory Committee - mInutes will be approved at the September 8th meetIng Ccrt-~ r; Q veS-ua ..:J c::> II ~\l,L.{10D UTILITY ADVISORY COMMITTEE fB~{)Q. GUEST SIGN U SHEET PRINT NAME ORGAN ZATION C ~1..:,-;:b~w ' kwlbLtJ~ f. Ml/,,~ I Irl~ \J r.,I)1).". LD , Po-. r u...v.J ~', ~ OW <;'tp,:,; ,lk.,,,,,,,pp'- be,1'l COll.V\<;pA . ' ,^.~ ((\\j no '\I J r9 [0 N \PWKS\LIGHT\CONS\CATE\SIGNUP "'I'd (8/25/2009) Glenn Cutler - RE Future Cou^nty maintenance of the Elwha Valley Road Page 1 '! From' To. Date: Subject "Jones, Jim" <JJones@co clallam wa us> "Tyler, Ross" <rtyler@co clallam wa us> 8/24/2009 7 17 AM RE Future County maintenance of the Elwha Valley Road CC. <GCUTLER@cltyofpa us>, <ssperr@cltyofpa us>, "Kent Myers (city)" <kmyers I concur with Ross's assessment and conclusions, below, and will support the referenced M 0 U between the City and the County Jim Jones, Jr Clallam County Administrator > ----anginal Message--- > From Tyler, Ross > Sent Tuesday, August 11,20091 23 PM > To Jones, Jim > Cc 'Glen Cutler (GCUTLER@cltyofpa us)', 'Steve Sperr > (ssperr@cltyofpa us)' > Subject Future County maintenance of the Elwha Valley Road > > HI Jim, > > We are continUing to work With the City of Port Angeles and the Lower > Elwha Tnbe to hopefully end up With a new road (Elwha Valley Road) > that utilizes a portion of the City owned Milwaukee Railroad grade To > refresh your memory, the County and the Tnbe entered Into a > Memorandum of Agreement on February 10, 2009 which vacates all County > Interest on Stratton Road to the Tnbe In exchange for the County > taking ownership of the portion of the Elwha Valley Road outSide of > the Reservation boundanes > > The City has a number of utilities, including the main water line that > feeds the City from the collector system beSide the Elwha River The > City Will retain a supenor easement to the County for their utlillies > and we Will eventually, probably pnor to the end of the year, develop > a M 0 U that Identifies the speCifics and thiS Will be presented to > the Board of County Commissioners at that time The Single most unique > feature of thiS M 0 U w]1I be that the City Will not act as a normal > franchisee For example, ]f the water line were to suffer a > catastrophic fa]lure which washed out a portion of the road, the City > Will only be responsible for repair of the road grade to the extent > that It eXists at thiS lime The County would then be respons]ble for > the remainder, including re-pavlng ]f necessary The same concept > holds for some future replacement of the water line > > Within most of the length of thiS road, the projected cost to the > County IS relatively predictable I use "relative" because we are > talking about events that may be 30 or more years In the future so > exact dollar figures are ImpOSSible therefore I eslimate the relative > cost based on what It may cost If It were to happen In the near > future There are only two areas where a catastrophic water line break > could result In slgnlf]cant damage to the road, and where the City > would have no responsibility to repair any of the damage They are > both fill sections In one, the Tribe IS gOing to Install a new (6/25/2009) Glenn Cutler - RE Future County maintenance of the Elwha Valley Road Page 2.1 . > section of water line so the nsk of line failure IS minimized The > other IS where the new road diverges from the current MRRG and heads > down Into the valley The road will be bUilt on a large fill and a > water line break In the railroad grade location could result In damage > to the fill, and the road However I believe that the Tnbe's > consultant can deSign In mitigative measures to protect against thiS > possibility Just the same way that we protect our roads from nvers > Also, If the road were damaged to the extend that It was Impassible, > thiS would not constitute an emergent Situation as the eXisting Lower > Elwha Road will always be available as an alternate route > > From a professional, and Road Department perspective, 1 believe that > the descnbed nsks are acceptable, as IS the supenor easement that > the City will maintain At thiS pOint In lime, the City IS asking for > the recognllion of the risks, and pOSSible associated costs, from the > County before they conlinue to pursue the details of how best to > proceed While other details Will eventually be Incorporated Into the > City/County M 0 U , I have been asked to proVide you With an > explanation of these most Significant pOSSible Impacts and my > assessment of same If you are Willing to accept my profeSSional > assessment of these risks then It Will be of great benefit to the > continued forward progress of thiS overall process If you would > express the same to City Manager Kent Meyers He IS away from the > office on bUSiness however Glen Cutler has indicated that hiS > Blackberry Will accept e-mail Please feel free to forward thiS e-mail > If you so deSire > > Sincerely, > > Ross Tyler, P E > County Engineer > Clallam County Road Department > > RESERVATION OF RIGHTS TO THE CITY: 1. The City reserves to Itself, Its successors, and assigns, all rights, title, Interests, and privileges not expressly granted herein. 2. In addition, and without limiting the generality of the foregoing, the rights and priVileges granted herein are subordinate and subject to the City's rights, titles, Interests, and priVileges related to the City's utilities and faCilities. On the land that IS subject to this easement the City has established utility corndors, and the City has used the land for access to the City's property and faCilities related to utilities. The City has full, free and unlimited access to Its utilities, ItS property, and ItS faCilities. The City has operated, maintained, repaired, replaced, rebUilt, moved, removed, altered, and changed utilities, utility routes, faCilities, and access ways, as the City, In ItS sale discretion, deemed necessary or expedient. Nothing In this easement IS Intended to limit, restrict, deny, deprive, forgo, hinder, or Impede (1) the City's full, free and unlimited access to ItS utilities, ItS property, and ItS faCilities or (2) the City's right to operate, maintain, repair, replace, rebUild, move, remove, alter, or change utilities, utility routes, faCilities, and access ways ,to the same extent It has exerCised those rights and priVileges prior to the execution of thiS easement. The City's rights In thiS regard are dominant over the rights granted herein. 3. The City shall not be liable to the Tribe, or to ItS successors, assigns, contractors, grantees, licensees or permittees, for any loss, damage, or claim arising or resulting from the exercise by the City of the rights and priVileges reserved herein. AFTER RECORDING, MAlL TO Lower Elwha Klallam Tnbe Ann Manlyn Edgmgton Legal ReeD, ds Clerk 2851 Lower Elwha Road Port Angeles, W A 98363 EASEMENT AGREEMENT Tax Nos CITY OF PORT ANGELES LOWER ,EL WHA KLALLAM TRIBE, ALSO KNOWN AS THE LOWER'ELwHA TRIBAL COMMUNITY 073002-140020, 073002-23'OI$Q~ 073002-130150, 073002-140150, 073002-l40225"alld ?7300!,:500250::" - "'---" .<",~ -- Grantor Grantee THIS EASEMENT AGREEMEN11s made hy:and 'between the City of P0l1 Angeles, a riiul11clpal corporatIOn of th~ State of Washmgtgrl 'C'Clty"), and the Lower Elwha Klallam'Tribe ("Tnbe':J also knd~')1,a~the Lower Elwha Tnbal Commul11ty, and Its assHms' :~c' - v,__;~, ' '- ...... - - ..--~ -- - "cc.._-'-, \-~"_':'- - ~=; - ~.:-, ~_~ _:::0 , RECIT ALSc; -~~~:~-~ ~- - - - - - . ~. -- - 1- - - - : - - ~"--~~- A WHEREAS, the Tnbe'mtends to COl1struct a 2 I mlle"new pnmary access road ("the Elwha Valley Road' )- fl'om the mtersecl10n of Lower' Elwha Road and Kacee Way n0l1hwest to and through to the Low~r:j~:lwha ReservatIOn, m Older to proVide alternatIVe mgress/egress to eXlstmg Lo~t,,~~tha Road, B WHEREAS, the Elwha Valley Road W!Wc,ross a 150-foot-wlde stnp ofland that the CIty owns m fee, on which Its llf(hI~trlal'water Plpelme ('lndustnal Lme") and servICe access road ("lndustnal Lme Access Road") are situated, and over whICh the CIty by thIS document mtends to grant a permanent easement to the Tnbe, C WHEREAS the CIty also owns m fee a 100-foot-wlde stnp ofland, bemg the fonnel Seattle, Port Angeles, and Lake Crescent Railway nght-of-way, also known as MIlwaukee Railroad Grade ("MRRG") whIch IS wlthm the Elwha Valley Road project area. and whIch contams the City's mUl11clpal watel plpelme (' MU111clpal Lme '), power, and telecoml11uncatlons Page I of lQ-8 D WHEREAS, the CIty by thIs document mtends to grant a temporary constructIOn easement to the Tnbe ,n, over, under and across MRRG to construct a gra\ el road, as shown on EAhlblt 1, and to proYlde constructlOn acee" , E WHEREAS, m exchange for the temporary constructIon easement across MRRG and pennanent easement Hcross the lndustnal Lme to be granted by the CIty to The Tnbe 111 thIs document, the Tnbe consents to and supports the contemporaneous grantmg by the Umted States of Amenca of a permanent nght-of-'Way to the CIty for use of servIce roads that WIll branch off of each SIde of the Elwha Valley Road, located on Tnbal trust land, m ordel to preserve for the CIty convement access to ItS 150-foot- WIde stnp of ownershIp, m whlc1J the Industnal Lme (a public water lll1e) and lndustnal Lme Acces~ Road are located, - ~ -"-- ~- =-~-T- , :..--~";.'::.~--- ... " F WHEREAS,' s}.ioJect to a deveI5plt-erit--of anagI eem~lli ~f the CIty, Tnbe, and Clallam County, "whlch'the-'partles mtend"'}S ~ execute by Decefuber 21, 2009 (refer to Paragnl.Rli~ i- herelnbefow), the TnB-~-I~tends to relocate _the-sectIOn of the CIty s , ~ - - ~ ~ muruclpa15vaterlll1e ('"MunicIpal Lme") and}lther utIlity lll1es-cuTrently located m and over a de!;p ravme wlthl~MRRG to elthefthe,engmeered fill)cross the ravme at the westerly end of Kacee Way; sllld_filllocated oil private property adjacent to and south of MRRG m the North~est-Q~arter,'So~thwest Q~art~i, Northeast Quarter of SectlOn 2, TownshIp 30 Nort!i;;Range-7 W~st,;NI M or tQ_-!ldded fill to be placed wlthm MRRG, --- '-,~,~,__ b- -, G WHEREAS, the agreement descnbed m ;E'above IS mtended to more specIfically proVIde for the three partles'roles and responsIbilitIes concemmg Elwha Valley Road, addltlOnal phases of development fQIAhe:ioact, mcludmg, but not lImIted to relocatmg the sectlOn of CIty'S MumclpaIJtm~~}tiid\ltIhty lmes appurtenant to the mumclpal Ime as descnbed m Paragraph F,-'pav1l1g, transfemng nghts of way wlthm County ]linSdlctlOn to the County, and deslgnatmg Elwha Valley Road as a pubhc road, NOW, THEREFORE. m conslderatlOn of the mutual benefits, promIses, agreements, and covenants contamed herem the CIty grants and conveys to the Tnbe, ItS successors, and assIgns, 1 a temporary. non-exclusIve, constructlOn easement m, on. over, and across that certam real property descnbed m ExhIbIt 2 (legal descnptlOn of the Tnbe' s temporary easement area v.Jthm MRRG mcludmg Kacee Way), herem mcorporated by reference, and Page 2 of lQ~ 2 a pemlanent, non-exclusIVe easement m, on, over, and across that certam real property descnbed m ExhIbIt 3 (legal descllptlOn of the Tnbe' S permanent easement area wlthmthe ISO-foot-wIde stnp m whIch the CIty'S Industnal Lme and Industnal Lme Access Road are cunently located), herem mcorporated by refelence, and as shown onthe attached map ("Clty of Port Angeles and Lower Elwha Klallam Tnbe Easement Agreement Exhlhlt I'), Incorporated herem by reference, for the locatIOn, constructIOn, re-constructlOn, operatIOn, mamtenance, replacement, repaIr. mspectlOn, and/or removal of roads and hIghways and appurtenances theleto, TOGETHER WITH the nght to tnm, cut, fell, and remove underbrush. obstructIOns, and other vegetatIOn, structures, 01 obstacles wlthm the lnmts of the nght-of-way" SUBJECT TO those hyns, claIms, and encumbrances dIsclosed at the Clallam County AudItor's Office and ehsting easements f01,pnbhc lOads and hIghways, pubhc utlhtles. raIlroads dnd plpehnes not'on re<2ord at saJd:offici', if any, 'r , _ ~ .,. -, I" RESERVfNG, however, to the 'Jandowllel~: Its 'successors, and assIgns, all nght, title. mterest, and pnvlleges not expI'es"ly grant~d, and 'c-:, 0, 't UPON CONDITION'that the Ul11t~d Staie's:of Amenca, acflllgby and through the Bureau of IndIan Affalrs,'.grants ~ pennanell{ngfi.of-way to the City over tnbal trust land by executmg thil',attached document entltlech"J:Tl11ted States of Amenca, Department of the Intenor, Bure'au of Indlaii' :AffaIrs, GraJltuoLEasement For : RIght-of-way;' herem mcorporated,by reference, w.l:th.lp 7 days ofthe'e~f;CUtlOn ofthlsEasement Agreement ~~-;.;:= --~---~:~..:.. ~-- ~" - --'-, The partIes further agree tqj1;_(fo.llown;g;~rms ,": :.':' : ~ - ~ ~ ,---. - -- -~;;, ~ -- I State of Title and Autho;ity to Gran't Easements. The'partles covenant and wanant that they possess suffiCIent mterest m the,Teal property descnbed m the attached exhIbIts. and the conespondmg authonty, 'tel ipake the commItments m and to execute thIS Easement Agreement ,'c,'!;':' ~- ";--_<? __~-;.2 ~ :~~._,:~ 2 Non-E).cluslYlty of Easements:~T1fe 'partIes expressly agree that these easements are non-exclUSIVe Notwlthstandmg the non-exclUSIVIty of these easements. and subject to the Clty'S reservatIOn ofnghts not expressly granted herem, each party agrees that the other WIll be free of mtel ference Interference IS a) PhYSIcally placmg or allowmg phYSIcal placement of an object or objects on or near the easement areas so that the partIes, then assIgns. contractors. subcontractors, agents, and employees cannot convel11ently perform the actlVll1es descnbed herem b) Not takmg leasonably practIcable actIons to remove obstructIOns not placed or authonzed by a party Page 3 of lQP- Accordmgly the partIes WIll not assIgn, grant, 01 hcense nghts m the easement aI eas that are hkely to pI event or W111 prevent the other party fi'om convemently perfonmng the actlvltles descnbed above In addItIOn. the Tnhe ,han not mterfere wlth the nghts held by Cla;13m County or NatIOnal Park Servlce ( NPS"") m lhe easement areas. as set forth m a RIght-of-Way Use AgJeement. dated May 29,2007, between NPS and the CIty, and a Memorandum of Understandmg between the NPS and Clallam County, executed October 18, 2007, and easements lecorded under Clallam County AudItor's file numbel 2006-1193631 (Elwha RIver Bndge ConstructIOn Access) and file number 2006-1193633 (OlympIC DIscovery TraIl) , " Easements Shall Run with the Land. The partIes expressly mtend that these easements shall rul}~wIth the land, and that the covenants. tenns, condltlons and restnctlOns of these'e~sements wIll be b11ldipg upon. and mUle to the benefit of the partIes, their successors;~iiil~ asslgJls,:~lIid :WIl1:qmtmue as a sel"Vltude rulillmg "'Ith the land . 0.' " :' n - .C,' , , City Access on City PJ'opertY::T~e'cCl!y shall have,i9c.t:sS over all portIOns of Elwha Valley Roa,d, out~lde. the Lower'El)"ha'ReservatlOn. mcl~dmg those portion' on Clt)'- owned IJ~oI)e;;tY';'i. :'" "n:'_,' '.j .:;:: "'-'_-f 4 5 6 , ' Rights and Permissions Given',to,Ci)lltraetors. The partIes acknowledge aIld agree , , that the nghts and pennlsslOns contamed herem may be exerclsed by contractors, sub- contractors, agents, and employees of each paIiy 7 Unla" ful Access and Activities. The partles w111 take all econOlTI1cally reasonable actIOns to prevent trespass, casualty loss, waste, and nUlsances upon, wlthm, and to the easement areas 8 Rights Conveyed to the Tnbe. The followmg lenns are expressly delmeated as easement nghts granted herem to the Tnbe undel the temporary aIld pennanent easements Page 4 of l.Q~ a. ConstructlOn, ElectlOn, and StOJage of EqUIpment The nght to tJanspOJi m, elect, dnd store eqUIpment and matenals, mcludmg but not lImIted to. l110dl<lar structures, trallers tractors, tmcks, cars, and other vehIcles The nght to stage, assemble, and/or mobll1ze eqUIpment matenals and necessary SUPPOJ1 facllll1es and supplIes b. Utlhtles The nght to relocate unlIl1es and related appmtendnces, subject to Imtlal consultatlOn wIth the CIty, and any other necessary 1111t1al consultdtlOn WIth utIlIty compames c. Altel atlOn of Land The nght to remove and/or alter vegetatlOn, land obstructlOns, and _structures The Clghl to alter topogIaphy and/OJ land,cape Aforemenlloned'1cfIVll1es mclude. bucare not lImIted to, excavatlOn or remoVdI of SOIl, sand/gravel;: Bushes, shrubbC~~y:,pTants,)ree~ and natural vegetal1've Inter, "\. - --- 0r fillmg WIth soIl, sai1d(~avcL iU:d rock' .:::~:~_,' ,. d. Future._.cAsslgnment 111e Tnl5e-.may transfer the' permanent easement granted hereIn tci,(';lallarnc:ounty pursuaiit to Its MOA wltll..the:,County, datcd February 13,'2009,"refe?en2ed to m RecltarIheremabove The''fnbe shall proVIde wntten - -- .- -T' 'v"'- ~ nOl1E::of any such'tiall~fer at least 45'd-ty~~nor to saId tr.~:fer .<-~ __ ~ ^___. - _~~_ ,- - _ - ~~ ~-_"7-::;:~--' ~,,-- 9 Continued Access By .ptf. Noi1(6Lthe nghts.granted:to)he Tnbe shall Imply or result many Illmtatl.<)ll.: Qf tlie-'CI1)r's':nght to acce~s Its property and facllIl1es mcludmg, but not IlInlteo to, the MUl1l~lpa[lme and Ine lndustnal Lll1e , --..., 10 Protection of City's Industrial and M~rif~ipal Lines. The Tnbe wlll reqmre Its contractors, subcontractors agents. and;enlployees to protect the CIty'S lndustnal Lme and Mumclpal Lme from aI)X'l:1ajID~.~(hsruptlOn. or damage The CIty shall approve specIfic protectlOn meas~es';pr6p(;sed for the lndusmal Lme and Mumclpal Lme The October 2007 NPS-Clalli{n'County MOU referenced m Paragraph H under ReCItals of thIs Easement Agreement requnes the NPS to pelform almual leakage surveys of the Mumclpal Lme, usmg the mOl1ltonng access ports constructed by Clallam County every 300 feet The NPS IS responsIble for perfolIDmg these leakage surveys untll NPS transfers ownershIp to the CIty ofthe Elwha Water FacllIl1es Upon wntten nol1ce from the CIty to the Tnbe that It lIas entered Il1to a tl ansfel agI eement WIth the NPS for the Elwha Water Faclhtles, the Tnbe 01 ItS asslgIls shall assume responsIbIlIty for pel fOl1mng tlle annuallealcage surveys of the MUl1lclpal Lme every 300 feet for the first 3500 feet west of Lowel Elwha Road, un1l1 pavement IS 111 place II Trees. The CIty IS solely responsIble for cuttll1g and lemovll1g any trees the CIty consldels to be melchantable tImber 01 valuable fOJ the CIty S purposes and WIll Page 5 of lQR complete the v. ork m a tImely fashIOn that wIll not cause delay many par1 of the TrIbe's construCl1on plOcess fOJ I:lv.ha Valley Road, mcludmg. but not Illmted to. sohcltatlon and award 12 Indemmfication. For any tort clalln for pelsonal mJurIes or plOperty damage caused by the 1 rIbe that 1S outsIde the 'cope of the Federal TOJ1 ClaIms Act 28 U S C SS 2671 et <C'f. a, made apphcable by the IndIan Self-DetenmnatIun Act 25 US C. S 450f. pun L 101.512, S 313, as amended by Pub L 103-138. S 308, thc TrIbe shall mdem11lfy and hold the CIty hannless for any costs. penaltIes, damages. claIms, and liabIlitIes. mcludmg court co,ts and reasonable att01l1eys' fees whIch the Clt) may mcur as a lesult of or allsmg out of (a) the bleach or vIOlatIOn of thIS Easement Agreement b)' the Tnbe, and (b) L'1e neglIgent or mtentIOnally wrongful actIvItIes of the Tube Its lessees;' .contlactors, slli;:?ntractors, agents employees, or guests Inde11lI"ficatIOn shall sUrvIve tenmnatIOIi or explratlOll of tlm Easement Agreement , -' ~ or arl)' portIOn thereof, pi'o\ildeli that the Tllbe:s obbgatlons under tIllS par'agraph 12 WIth lespect to the pennari'ent ,ea~ern'ent grante,Cto:,,11 hereunder by the CIty shall tenmnate upon trarlsfer of the sard easement to the C6uiity~, ".' r__:..._,_;:_,: ~ ",~~~,---v '=--::~- :- J ., 't ...~, -~ - - 13 LiabilItY of City: The (:It)' shall be hable,cto the extent allo:'Yed by law and subject to RCW 4 9~ 020 provIGnlg fOJ the filmg oJ~toIl claIms agaI11.sS.the CIty, for personal mJunenlr property daruage'resultmg fron-Hhe neghgent or wrongful act OJ omISSIOn of any CIty employee wl~I1!C .<lctmg wlthm"ihe,',scope'9L'hls"or her employment, proVIded that the CltY".sl1aILm!:1<;:mii!fy and h~l<! tll~~'Tri~e hhnnless for arlY costs penaltIes, damages, claIms;' and' lIabIlItIes, mcludmg court costs and 1 easonable attorneys' fees, whlch,tne Tnbe maY"I~cm: as a result of or anS1l1g out of (a) the breach OJ VIOlatIon of tl1lS Easement Agr~eI'rient by the CIty, and (b) the neglIgent or mtentIOnally wrongful actIVItIes of the City, 'ItS lessees contractors, subcontractors, agents, employees, or guests Indeml1lfifatJ,Oli shall survIve tenmnatlOn or expIratIOn of thIS Easement Agreement or any portr,oii;tliereof !'~ i"~~:"~ --: 14 Cooperation. The parties sh:ill~-~;;operate together III the investIgation and defense of any clanns that may be filed agamst the Tnbe or the CIty concem1l1g or ansmg out of the actIVItIes authOrIzed by these easements 15 Dlspnte ResolutIOn/MedIatIOn. In the event eIther paI1y to thIS Easement Agreement belIeves theI e IS an Issue regardmg mterpretatIOn of, or compllarlce WIth. any plOvlsIOn of t11JS agreement, that party shall prOVIde wntten notIce of that Issue to the other pm1y The pa11Ies WIll then meet wlthm ten (10) days of the wntten notIce 111 an effort to Iesolve the Issue If IesolutIOn IS not achIeved wlth1l1 tl1111)' (30) days of the wntten notIce, the partIes WIll each choose a person who IS not an employee, appomted offiCIal, 01 elected offiCIal of that party, and together those persons WIll choose a smgle tlmd party who wIll act as medIator Each par1y shall make lts chOIce Page 6 of lQ-P- wlthm five (5) days from the date of any deten111natlOn that resolutJon has not been achIeved, and the thIrd party medlatOl shall be chosen by those partIes no later than ten (] 0) day> from such date of detemllnatlOn that resolutJon has not been achIeved These tunes may be extended eIther by mutual agreement of the partIes or by one party documentmg that It needs addltlOnal tJme The partJes WIll each desIgnate an offiCIal wIth delegated authonty to approve a resolutlOn of the Issue, and that offiCIal WIll be present at, and partIcIpate m, the medlatlOn MedIated settleI:lenb WIll be reduced to wntmg, and each party to the dIspute WIll share equally In the cost of the thnd party medIator IfresolutlOn through non-bmdmg medlatlOn IS stJll not achIeved, then the partIes may use other legal remedIes avaIlable to resolve the dIspute, provIded that neIther party may conunence htJgatJon unless It has exhausted attempts at medJatlOn as proVIded m thIS paragraph No notJficatlOn of commencement of the medlal10n process shall, operate to shut< ~pW:1 or suspend any constructIOn or mamtcnance ectJVlty authonzed unde(these e~'~1pents In the event etcher party files a lawsUlt regacdmg mterpretanon oCorCco'jnphance WIth any proVIsIon of thIS Easement Agreement, the TnQe 'wffiv~s It sovereIgp,-l1nmUl1lt) and consents to the ]UnSdlctlOl1 of the courts of tlit: "tower Elwha Kl~flairi: Tnbe, proVIded that such WaIver Is':Ji;nifed'to <ictlOns brough(, by the CIty for cIl~]UllctJve rehef to enforce comphanc:e' WIth thIS Ea'sement Agree!lleilt_or for daInages 'ansmg under paragraph 12 hereof:-: The CIty WaIveifany nmnul1lty It lnay,have and con'sents to the ]unSdlctlOn of the coutts' of the State~of:,Washmgton arid,:fu~iheI agrees,'that venne shall be m Clallam County SupenorCoUli, actlOns ag;nrist~lheC!ty~shalJ be hmlted to those broughl by the Tnbe foi~mJ,~I;'ctJv~J'ehef to enforce" compiiarlce WIth tIllS Easement Agreement OJ for daInag~s' anSn1!; 11l1derparagJaphT~_hereof -/_0; - - -~ 16 Captions. The captlOns m thIS mstrumellt-h-ave been mserted solely for convel1lence of reference, are not a part of thIS Easemenf'Agreement, and shall have no effect upon constructlOn or mterpletatlOn ",:;;,,-, _.:-:::...-:;:.~::....-; _..;;,_~"W -__ 17 Notice. Unless otherwIse notJfiedn1'~{ttlhg by the other party, any notJficatlOn, demand request, consent, approval,1f c1'>mmU11lCatlOn that a paliy IS reqUIred or deSIres to glVe to under the provlslOns OfthIS Easement AgJeement shall be m wntmg and dehvered by person or mall to the appropnate address below If to the CIty CIty Manager CIty of POli Angeles 321 East 5th StJeet POBox 1150 Port Angeles. W A 98362-0217 Page 7 oflQH If to the Tnbe Commumty Development Director Lower Elwha Klallam Tnbe 2851 Lower Elwha Road Port Angeles, W A 9836'> By \\ ntten notIce to the other party, eIther party may changc the contact I11f01111atlOn wlthl11 this provlslOn 18 Recoruation. ThIs Easement Agreement shall be filed wIth and recorded at the Clallam County Auditor s Oftlce 111 Port Angeles, Washmgton, and the Office of TItle ~nd Records. umted States DepaJiment of the Intenor, Bureau of IndlaJl Affam Northwest ReglOnal (itfi,ce; m Portla~ld" 2!:egQll ,:' , H ~ ~ _ -,_ ~ 19 Term of Temporary Construction'Easement'to':Tribe. Tne Tnhe's tempOlary constructlOn easement granted her'el11 'shall tennmate fiye (5) years from the date of recordmg'at'the.c~I~llam County AlldIior's Office or ear1~i upon mutual agreement of the parties alid I ecorded documentatlOn~ e':l~enc111g agreern'enHo teml111ate "' -., ","~.:: ~- -- .. -- -~- " ---y -" ~~ TO HAVE AND TO HOLD saId temporary , " Elwha Klallam Tnbe and Itsasslgnsforever _'L - -r.^ - _: J ~_" ~ _ construetlOfl easements unto the Lower , - - ~ ~- "- ,-: -_' -.J- ". ,_'u ~\ '.' IN WITNESS WHEREOF, the City has',hereunto set ItS hand tIllS _day of ,2009, as authonzed by CJty Council ResolutlOn_' ~ J- ~ ;" ,,' " r ",_ _<Y- ~ -1_" ~ --~, - , Gary Braun, MayO! ,,- City of Port Angeles STATE OF WASHINGTON) COUNTY OF CLALLAM )ss I certify that I know or have satIsfactory eVIdence that Gary Braun IS the person who appeared before me, and said person acknowledged tllat he signed thiS 111strument. on oath stated that he was authonzed to execute the mstrument and acknowledged It as the Mayor of the CIty of Port Angeles, to be the free and voluntary act of such party for the uses and purposes mentlOned 111 thiS document Page 8 of lQ-P- GIVEN under my hand and officlal seal thlS day of ,2009 Notary Pubhc m and for the State of resldmg at My cOlrumsslOn explres **Tribal execution and notarization follows on next page. ** ~ ~~ "'- - --- -" -, ;::. -::.- ~ -- --,- -",' - ~ -~~' ~-.! , - 'O_~ - __-, . , ,- , - , ' , "!..-J;.. " , l' .~ ~ ~ '- r,,_.,:::.... '--,;~, - ,>-,-~-< - '-'~-~;--- '- ....---:<;,""""-- -""'.L:~~=.:: -, - -- ~ _ _-: ~--- LL " L..:: _< ,_ - -~-~ ._. ~~__,_~~:.:-f ----__,- ;r=- __~ -'C_ _' J -v; > ifo.: ,~-~ ~ - J~~ :y:_~ ~ ~ -.--~~ ~~-- -, .::.:. ::f:'<_ -...._"' {~~:~r~ -.--- , T::~-T T'"7" -,,-<- - ~- -. - -- ~ -- ~- ~~-- Page 9 of lQ.J..2c IN WITNESS WHEREOF. the Lower Elwha Klallal11Tnbe has hereunto set Its hand thlS _day of .2009, as authonzed by Tnbal CouncIl ResolutlOn STATE OF WASHINGTON) COlJ"'NTY OF CLALLAM )ss I certIfy that I tnow or have satisfactory eVIdence that IS the person who appeared before me. and saId pel son acknowledged that _ sIgned tills lllstrument, on oath stated that was authonzed to eAecute the mstrument aud acknowledged It as the . ' to be the fi-ee and volunta.ry act of~uch.party for theys~s and purposes mentlOnec III tills document ' C .c.sJ~;~ ~:.'" " ,~ -:- - - g -- ~-~-'~ --~-~~ ~ - GIVEN under my hand and offiC:I;;fseal't.~is aa}r of . , 2009 -- - ---- / -i~-;_~-~-~ ~--~_--- =:-=--~:.::-- ::-::-.=:=.:.----""-- ,,---- ---.;:.- <- - - .-- - -- -''::--.:---.---=--- ~=-""- ~~-;-~::- ~~~~r:~ - ~ -,.,.--, ': . . ~'E...-;::. , . "'-- ' ~-___-L "- -~--,- '----;; ;y- ~~~~~~- - ";:_"c' 'c/-'oc I:esldmg.at --::''::':;--'- - NotaryPubhc 111 and for the Stat~oC ---~- - 1-" ~ "-_ r;~_~~~ -~~: ~ _-L_- 'l...:;._~ _ ~,,: --.:_~ - -: ~~~: - L - "" ~ _ ~ _-__ ..:'-....-"-:;,-..:;:-~::--=-~~.!_~::.::.-f __ __=---_" - ...,;,z--~_ -~ ~--~ - -~ - ~:; _ .do -~_ ~ _ < ,;:-~ .~- , . '. -- My C0l111111SSlOn explles - ----~ ~-~-;:-;:- ~:=--" .. "- O<-::~..:';:=- _ ~:;:< -::~ ~ ~-~.-~ 'Uz..~-,,-- - .L~~-;~_ ~::~-~-=~~i:=~~ Page 10 of lQ-P- J OE-f~STOpv End Surveying 08/25/09 EXHIBIT 2 THAT PORTION OF THE 100 FOOT WIDE FORMER RIGHT-OF-WAY OF THE CHICAGO, MILWAUKEE, ST PAUL AND PACIFIC RAILROAD DESCRIBED IN DEEDS RECORDED AUGUST 13, 1957 AND JANUARY 21, 1974 UNDER AUDITOR'S FILE NUMBERS 303540 AND 429791 LYING WESTERLY OF LOWER ELWHA ROAD AND EASTERLY OF THE FOLLOWING DESCRIBED LINE COMMENCING AT THE NORTHWEST CORNER OF SECTION 2, TOWNSHIP 30 NORTH, RANGE 7 WEST, W M , FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION BEARS NORTH 8r47'51" EAST, A DISTANCE OF 2,543 91 FEET, THENCE SOUTH 49054'44" EAST, A DISTANCE OF 2,018 35 FEET TO THE TRUE POINT OF BEGINNING. THENCE NORTH 49041'55" EAST, A DISTANCE OF 50-FEET, MORE OR LESS, TO THE NORTHERLY LINE OF SAID FORMER RAILROAD RIGHT-OF-WAY, THENCE SOUTH 49041'55" WEST, A DISTANCE OF 100 FEET TO THE SOUTHERLY LINE OF SAID FORMER RAILROAD RIGHT-OF-WAY AND THE TERMINUS OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE BASED ON THE WASHINGTON COORDINATE SYSTEM GRID, NORTH ZONE, DATUM OF 1983, ADJUSTED IN 1991 PER VOLUME 40 OF SURVEYS, PAGE 27, RECORDS OF CLALLAM COUNTY, STATE OF WASHINGTON :/,1,- JIll .~ " :9 JOHNs.?: q,.O ~""[ft'ViA:s/f4,P<P .{~ ,f"':"_ "" /.... "..1'';.01 "'0\ ...., ,'-.- ("'<\ ';to, ....~: ';'~~.-n, ) ': ?b ~I~ <J'\..,G;STll!.~~~.c.Q..: J'/rn.-'-' ~'V~ ~"4L L;J<I) " ~7 I .540 W Eighth Street, Port Angeles, WA . 360 452 0237.3604520238 fax. www johnstonlandsurveYlng com J OE-f.NSTO.N End surveying 08/25/09 EXHIBIT 3 THAT PORTION OF GOVERNMENT LOT 4 OF SECTION 2, TOWNSHIP 30 NORTH, RANGE 7 WEST W M , CLALLAM COUNTY, WASHINGTON DESCRIBED AS FOLLOWS A STRIP OF LAND, BEING A PORTION OF THE CITY OF PORT ANGELES' 150 FOOT WIDE INDUSTRIAL WATERLINE RIGHT-OF-WAY AS RECORDED UNDER AUDITOR'S FILE NUMBER 190255 AND SHOWN ON VOLUME 23 OF SURVEYS, PAGE 2, LYING 255 FEET NORTHEASTERLY AND 300 FEET SOUTHWESTERLY OF THE FOLLOWING DESCRIBED CENTERLINE. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2 FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION BEARS NORTH 8r47'51" EAST, A DISTANCE OF 2,54391 FEET, THENCE SOUTH 56020'35" EAST, A DISTANCE OF 1,064 60 FEET TO CENTERLINE STATION 73+1411 OF THE PROPOSED ELWHA VALLEY ACCESS ROAD AND THE TRUE POINT OF BEGINNING. THENCE SOUTH 50033'53" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 285 89 FEET TO THE TERMINUS OF THE ABOVE-DESCRIBED CENTERLINE THE SIDE LINES OF SAID STRIP TO BE SHORTENED OR EXTENDED TO TERMINATE ON THE NORTHWESTERLY AND SOUTHEASTERLY BOUNDARIES OF THE ABOVE- MENTIONED INDUSTRIAL WATERLINE RIGHT-OF-WAY ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE BASED ON THE WASHINGTON COORDINATE SYSTEM GRID, NORTH ZONE, DATUM OF 1983, ADJUSTED IN 1991 PER VOLUME 40 OF SURVEYS, PAGE 27, RECORDS OF CLALLAM COUNTY, STATE OF WASHINGTON .', . 540 W Eighth Street, Port Angeles, W A . 360 452 0237 . 360 452 0238 fax. www johnstonlandsurveymg com J OI-fNSTON End surveying 08/25/09 SERVICE ROAD GRANT OF FEDERAL EASEMENT FOR RIGHT OF WAY EXHIBIT A THAT PORTION OF GOVERNMENT LOT 4 OF SECTION 2, TOWNSHIP 30 NORTH, RANGE 7 WEST, W M , ILLUSTRATED HEREON AND DESCRIBED AS FOLLOWS A 15-FOOTWIDE STRIP OF LAND LYING 7 5 FEET OF EACH SIDE OF THE FOLLOWING DESCRIBED LINES C-LINE COMMENCING AT THE NORTHWEST CORNER OF SECTION 2, TOWNSHIP 30 NORTH, RANGE 7 WEST, W M , FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION BEARS NORTH 8T47'51" EAST, A DISTANCE OF 2,543 91 FEET, THENCE SOUTH 64"26'24" EAST, A DISTANCE OF 782 05 FEET TO CENTERLINE STATION 70+00 OF THE PROPOSED ELWHA VALLEY ACCESS ROAD, THENCE NORTH 66" EAST, A DISTANCE OF 30-FEET TO THE TRUE POINT OF BEGINNING. THENCE MORE OR LESS ALONG THE FOLLOWING COURSES THENCE NORTH 69" EAST, A DISTANCE OF 20 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 50-FEET, THENCE SOUTHEASTERLY, ALONG SAID CURVE, AN ARC LENGTH OF 90 FEET, THENCE SOUTH 10" EAST, A DISTANCE OF 65 FEET, THENCE SOUTH 51" EAST, A DISTANCE OF 160 FEET TO THE WEST BOUNDARY OF THE 150-FOOT WIDE STRIP OF LAND OWNED BY THE CITY OF PORT ANGELES LYING WITHIN SAID GOVERNMENT LOT 4 AND THE TERMINUS OF THIS DESCRIPTION COMMENCING AT THE ABOVE MENTIONED CENTERLINE STATION 70+00, THENCE SOUTH 66" WEST, A DISTANCE OF 3D-FEET TO THE TRUE POINT OF BEGINNING, THENCE MORE OR LESS ALONG THE FOLLOWING COURSES THENCE SOUTH 6T WEST, A DISTANCE OF 36 FEET, THENCE SOUTH 42" WEST, A DISTANCE OF 72 FEET, THENCE SOUTH 6T WEST, A DISTANCE OF 70 FEET, THENCE SOUTH 20" EAST, A DISTANCE OF 143 FEET, THENCE SOUTH 44" EAST, A DISTANCE OF 104 FEET, THENCE SOUTH 36" EAST, A DISTANCE OF 103 FEET, THENCE SOUTH 61" EAST, A DISTANCE OF 125 FEET TO THE WEST BOUNDARY OF THE 15D-FOOT WIDE STRIP OF LAND OWNED BY THE CITY OF PORT ANGELES LYING WITHIN SAID GOVERNMENT LOT 4 AND THE TERMINUS OF THIS DESCRIPTION D-L1NE ", '. , " _ 540 W Eighth Street, Port Angeles. W A _ 360 452 0237 _ 360452 0238 fax _ www JohnstonlandsurveYlng com . Page 2 August25,2009 THE SIDELINES OF SAID STRIP TO EXTEND OR SHORTEN TO TERMINATE ON THE WEST BOUNDARY OF SAID 150-FOOT WIDE STRIP OF LAND OWNED BY THE CITY OF PORT ANGELES ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE BASED ON THE WASHINGTON COORDINATE SYSTEM GRID, NORTH ZONE, DATUM OF 1983, ADJUSTED IN 1991 PER VOLUME 40 OF SURVEYS, PAGE 27, RECORDS OF CLALLAM COUNTY, STATE OF WASHINGTON SERVICE ROAD GRANT OF EASEMENT ILLUSTRATION J -~~ I ~~~------T-- --- - ~~n:;:~ ~-:=: ~ I ~ , I I " I ",,-WH'P"~~CCESS USA TRUST FOR LET I ,I '~, ROAl> I 1 I "" II ~\ /1' .-" ~"'~" II i\, \>- II ,i ~ ~~ / CO~ ~ ~ W .. /1. i ~ ~ I r I ~ / I~ 1 ,/ I-------! 1 .. ---- I !i GL 4 I ~ I I if' ! -7' / ~ I' USA TRUST FOR LET <.: I >-., ~ I r~ '",,'<0 ~ i /jj / """"""'" :--.~ "/ / /J / --= ,"(, I /// -7' /1 I""""~ I //:-, ~:~ / 1 ~. i / CO~ r // .-- " ; ///~:;;: ~~~~~~_ I L~~ ~ I H..ll.., 1 J,..~ 123"32'30'W ~ rr~ P ~ ~ ~6t 1i L.E:S ~2'0'W Lo \U&2.. ~1-W'" It ;2: b '" f- 10 .., " -"'. Construction Easements. ~ Industnal Pipeline - City ofPA Waterlme _ Elwha Valley Road - Service Road === Olympic Dlscovery Tral] -Streams Q Bulldmgs D Road Base (prop) C=-i City of Port Angeles - COPA CIty ofPA parcels [..:1 Lower Elwha KJ.lllam Tnbe . LEKT DParcels EXlstmg Roads Tree Helght(ft) Do 01-3 04-10 011-20 bl21-60 .>60 [ ; I , " I ' , .cqPA ;2: b '" f- 10 .., ~~.; ~-.. ,,;;,-_<,.-.-f(' . ~= o 150 300 600 I I I I Scale In Feet Lower Elwha }l..lallam Tnbal GIS Dept Map prepared by Randall E McCoy EVA ConstructIOn Easement 09 mxd 8/3/09 123"32'30'W 123"32'0 W 123"31'30'W