HomeMy WebLinkAbout5.840 Original Contract
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RETURN ADDRESS:
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
2007-1202159
Page 1 of 8 Agreement
Port Angeles Clty Of
Clallam County Washlngton 05/30/2007 02 45 04 PM
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DOCUMENT TITLE:
Right of Way Agreement
Milwaukee Railroad Grade
between
City of Port Angeles and the
United States National Park Service
Section 2,3,10, Township 30 North,
Range 7 West, W.M.
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RIGHT OF WAY USE AGREEMENT
FOR MILWAUKEE RAILROAD GRADE
This AGREEMENT is made and entered into this &qt!..day Of~7, between
the City of Port Angeles (hereinafter the "CITY"). and the United States National Park
Service (hereinafter "NPS").
WHEREAS, the NPS desires a temporary construction and operation access route for
the Elwha River Restoration project, including a temporary construction area to be used
during construction and operation by NPS of the Port Angeles Water Treatment Plant
(PAWTP), Elwha Water Treatment Plant (EWTP) , and Elwha Surface Water Intake
(ESWI).
WHEREAS, the former Railroad Grade extending from the Lower Elwha Road to the
Crown Z Water Road at the Elwha River meets the NPS' criteria for the temporary
construction and operation access route and construction area.
WHEREAS, the CITY controls most, but not all of the former Railroad Grade in Sections
2, 3, and 10, Township 30 North, Range 7 West, W.M., from the Lower Elwha Road to
the Crown Z Water Road at the Elwha River.
WHEREAS, the CITY has granted certain easements to Clallam County.
WHEREAS, pursuant to the Elwha Act, NPS is responsible for mitigation of adverse
effects of dam removal.
NOW THEREFORE, in consideration of the terms, conditions, covenants, and
performances contained herein, or attached and incorporated and made a part hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
1. The CITY grants to the NPS the following right-of-way use:
A temporary, non-exclusive right to use, 40 feet in width, for construction access
along the City's ownership of the former Railroad Grade in Sections 2, 3, and 10,
Township 30 North, Range 7 West, W.M., from the Lower Elwha Road to the Crown
Z Water Road at the Elwha River, more particularly described and shown in the
attached Exhibits A and B (A -legal description, B - map).
2. The right of the NPS to use the right-of-way is limited by the following terms and
conditions:
a. NPS shall not cause, place, or allow any obstructions in the right-of-way.
Page 1
b. Use of the right-of-way by NPS shall be limited to a temporary
construction access route for the Elwha River Restoration project, including a
temporary construction area to be used during construction and operation by NPS of
the PAWTP, EWTP, and ESWI. NPS shall not make or authorize any other use of
the right-of-way.
c. NPS will repair any damage done to the right-of-way as a result of its use.
3. Upon the request of either, the City and NPS shall arrange a meeting to negotiate
the compensation, if any, to be paid by NPS to the City as consideration for the rights
herein granted. The parties shall negotiate in good faith to determine the question of
compensation to the City. In the event the parties are unable to resolve the question
through negotiation, either party may declare an impasse. In such event, upon request
of either party, the question shall be submitted to mediation in accordance with the
provisions of paragraph 7 below.
4. NPS acknowledges that the City has granted to Clallam County easements along the
City's ownership of the former Railroad Grade in Sections 2, 3, and 10, Township 30
North, Range 7 West, W.M., from the Lower Elwha Road to the Crown Z Water Road at
the Elwha River. These easements include a temporary easement for the construction
of a new bridge across the Elwha River and a perpetual easement for construction and
maintenance of the Olympic Discovery Trail. NPS agrees to coordinate its activities
with Clallam County so that neither interferes with the other's use of the right of way. In
the event that the Olympic Discovery Trail is constructed or opened during the term of
this agreement, the NPS shall repair any damage to said trail caused by the NPS or its
Contractors and provide reasonable access to trail users consistent with the public
health and safety concerns.
5. NPS agrees to the following:
a. NPS shall maintain the grade for vehicular use for the duration of its use
under this agreement, placing and grading gravel as necessary.
b. NPS shall repair any damage to City facilities caused by NPS or its
contractors in their use of the Milwaukee Grade.
c. NPS shall perform a leakage survey of the City's water main within the
limits of the Railroad Grade covered by this agreement, within one year of the
County ceasing its construction activities. Yearly leakage surveys, using the
access ports constructed by the County every 300 feet along the pipeline, shall
continue for the duration of the agreement. Leakage surveys will not be required
in any year the NPS does not use the Milwaukee Grade for construction or
operation of facilities.
d. NPS shall restrict access to the Railroad Grade to only authorized
personnel.
e. NPS shall install and maintain adequate security measures including
adequate measures to restrict access to the Railroad Grade outside of normal
working hours.
Page 2
6. Term. This right shall be effective on the~4~ay of ~007, and shall remain
in effect for (1) 8 years, or (2) until NPS permanently ceases its operation of PAWTP,
EWTP and ESWI, whichever occurs later.
7. Dispute Resolution. In the event either party to this agreement believes there is an
issue regarding the interpretation of, or compliance with, any provision of this
agreement, that party shall provide written notice of that issue to the other party. The
parties will then meet within ten (10) days of the written notice in an effort to resolve the
issue. If resolution is not achieved, the parties will each choose a person who is not an
employee, appointed official or elected official of that party, and together those persons
will choose a single third party who will act as mediator. Each party shall make its
choice within five (5) days from the date of any determination that resolution has not
been achieved, and the third party mediator shall be chosen by those parties no later
that ten ('10) days from such date of determination that resolution has not been
achieved. The parties will each designate an official with delegated authority to approve
a resolution of the issue, and that official will be present at, and participate in, the
mediation. Mediated settlements will be reduced to writing, and each party to the
dispute will share equally in the cost of the third party mediator. If resolution through
non-binding mediation is still not achieved, then the parties may use other legal
remedies available to resolve the dispute.
8. Anti-Deficiency Clause. Nothing in this Agreement will be construed as binding the
NPS to expend in any fiscal year any sum in excess of the appropriation made by
Congress for purposes of this Agreement in that fiscal year.
CITY OF PORT ANGELES
UNITED STATES OF AMERICA
NATIONAL PARK SRVICE
,I
/
By: /J(<)'/ 'f- '1~o- )
By:
Attest:
G \Legal_Backup\A.GREEMENTS&CONTRACTS\2007 Agrmts & Contracts\NPS-Clty RofW Use Agmt 04 04 07 doc
Page 3
Exhibit 'A'
Milwaukee Grade Right of Use
Easement Description
A Portion of the northeast quarter of the northeast quarter of Section 10, Township 30
North, Range 7 West of the Willamette Meridian, Clallam County, Washington, described
as follows;
Beginning at the north quarter corner of said Section 10, said quarter corner identified
as Clallam County geodetic point number 07301021 per survey recorded in Volume 40 of
Surveys at Page 27, records of Clallam County, Washington; thence North 87043'38"
East 1514.65 feet along the north line of the northeast quarter of said section to the
northwest corner of the northeast quarter of the northeast quarter of said Section;
thence South 00047'49" East 379.32 feet along the west line of said subdivision; thence
South 58002'47" East 390.38 feet to the True Point of Beginning; thence North
34006'06" East 60.41 feet; thence North 36003'31" East 37.85 feet; thence North
26009'58" East 97.67 feet; thence North 82026'24" East 436.59 feet; thence North
86006'17" East 48.45 feet to a tangent curve to the left having a radius of 594.82 feet;
thence along said curve 77.29 feet through a central angle of 7026'41"; thence North
78039'36" East 152.60 feet; Thence North 83002'22" East 133.90 feet to a tangent curve
to the left having a radius of 259.62 feet; thence along said curve 73.78 feet through a
central angle of 16016'55"; thence North 66045'26" East 189.30 feet to the east line of
the northeast quarter of the northeast quarter of said Section 10, South 01035'35" East
266.72 feet from the northeast corner thereof; thence South 1035'35" East 43.04 feet
along said east line; thence South 66045'26" West 173.43 feet to a tangent curve to the
right having a radius of 299.62 feet; thence along said curve 85.14 feet through a
central angle of 16016'55"; thence South 83002'22" West 132.37 feet; thence South
78039'36" West 151.07 feet to a tangent curve to the right having a radius of 634.82
feet; thence along said curve 82.49 feet through a central angle of 7026'41"; thence
South 86006'17" West 47.17 feet; thence South 82026'24" West 271.15 feet; thence
South 45031'23" West 22.72 feet to a tangent curve to the right having a radius of
65.00 feet; thence along said curve 29.13 feet through a central angle of 25040'42";
thence South 71012'05" West 105.01 feet to a tangent curve to the left having a radius
of 135.00 feet; thence along said curve 87.41 feet through a central angle of 37005'59";
thence South 34006'06" West 59.43 feet to a non-tangent curve, the radius point of
which bears South 34004'41" West 215.00 feet; thence northwesterly along said curve
7.97 feet through a central angle of 2007'28"; thence North 58002'47" West 22.05 feet
to the True Point of Beginning, said True Point of Beginning bears South 61014'27"
West 1342.56 feet from the northeast corner of said Section 10, said corner identified as
Clallam County geodetic point Number 07301011 per survey recorded in Volume 40 of
Surveys at Page 27, records of Clallam County, Washington
Description based on survey performed by Clallam County and on file with the County
Engineer.
Exhibit 'A'
TOGETHER WITH:
A strip of land 40.00 feet in width lying 20.00 feet each side of the following described
line, and being a portion of the Chicago, Milwaukee, St. Paul and Pacific Railroad right of
way in Sections 2 and 3, Township 30 North, Range 7 West of the Willamette Meridian,
the sidelines of the beginning of said easement to be lengthened or shortened to
terminate at the east line of the southeast quarter of said Section 3, and described as
follows:
Beginning at the intersection of said centerline and the east line of said Section 3, North
5024'26" East 952.59 feet from the southeast corner thereof, said southeast corner
identified as Clallam County geodetic point number 07301011 per survey recorded in
Volume 40 of Surveys at Page 27, records of Clallam County, Washington; thence North
53005'52" West 33.05 feet; thence North 42006'51" West 35.58 feet; thence North
38048'55" West 95.81 feet; thence North 28055'06" West 68.03 feet to a tangent curve
to the right having a radius of 896.48 feet; thence along said curve 156.40 feet through
a central angle of 9059'46"; thence North 18055'20" West 22.58 feet to a tangent curve
to the left having a radius of 532.06 feet; thence along said curve 170.17 feet through a
central angle of 18019'32"; thence North 37014'52" West 131.12 feet to a tangent curve
to the right having a radius of 463.72 feet; thence along said curve 170.07 feet through
a central angle of 21000'47"; thence North 16014'05" West 75.86 feet; thence North
22039'35" West 171.86 feet to a tangent curve to the right having a radius of 418.27
feet; thence along said curve 223.58 feet through a central angle of 30037'35"; thence
North 7058'01" East 142.41 feet; thence North 16058'33" East 117.26 feet to a tangent
curve to the right having a radius of 397.88 feet; thence along said curve 93.78 feet
through a central angle of 13030'18"; thence North 30028'51" East 72.02 feet to a
tangent curve to the right having a radius of 217.85 feet; thence along said curve
183.97 feet through a central angle of 48023'03"; thence North 78051'54" East 137.57
feet; thence North 88029'27" East 223.12 feet; thence North 85058'41" East 121.11 feet
to a tangent curve to the left having a radius of 236.42 feet; thence along said curve
81.37 feet through a central angle of 19043'10"; thence North 66015'31" East 71.75
feet; thence North 63013'31" East 210.45 feet; thence North 59023'13" East 194.16 feet
to a tangent curve to the left having a radius of 452.26 feet; thence along said curve
117.65 feet through a central angle of 14054'18"; thence North 44028'55" East 77.77
feet to a tangent curve to the left having a radius of 382.52 feet; thence along said
curve 106.86 feet through a central angle 16000'22"; thence North 28028'33" East
127.06 feet to tangent curve to the left having a radius of 743.22 feet; thence along
said curve 324.73 feet through a central angle of 25002'02"; thence North 3026'31" East
154.51 feet to a tangent curve to the right having a radius of 293.09 feet; thence along
said curve 203.79 feet through a central angel of 39050'19"; thence North 43016'50"
East 45.37 feet to a tangent curve to the right having a radius of 470.45 feet; thence
along said curve 197.07 feet through a central angle of 24000'02"; thence North
67016'53" East 46.26 feet; thence North 80042'18" East 55.60 feet; thence North
88039'33" East 58.09 feet to a tangent curve to the right having a radius of 281.65 feet;
thence along said curve 115.11 feet through a central angle of 23025'01"; thence South
67055'25" East 128.16 feet; thence South 73031'27" East 137.04 feet; thence South
65056'56" East 92.77 feet; thence South 73036'59" East 68.74 feet; thence South
70007'56" East 187.05 feet; thence South 67049'49" East 669.58 feet; thence South
Exhibit 'A'
70033'10" East 103.25 feet to the west line of northwest quarter of the southwest
quarter of the northeast quarter of Section 2, Township 30 North, Range 7 West of the
Willamette Meridian, North 01054'20" 281.55 feet from the southwest corner thereof;
thence continuing South 70033'10" East 688.28 feet to the east line of said subdivision;
thence continuing South 70033'10" East 871.75 feet; thence South 71036'49" East
914.07 feet to a tangent curve to the left having a radius of 806.65 feet; thence along
said curve 193.07 feet through a central angle of 13042'50"; thence South 85019'39"
East 60.98 feet to the westerly right of use limits of Lower Elwha Road, identified as
County Road #31310; thence continuing South 85019'39" East 4.10 feet to the east line
of the northeast quarter of Section 2, Township 30 North, Range 7 West of the
Willamette Meridian, North 2030'13" East 125.32 feet from the east quarter corner of,
said Section 2, said quarter corner identified as Clallam County geodetic point number
07300241 per survey recorded in Volume 40 of Surveys at Page 27, records of Clallam
County, Washington.
Excepting therefrom that portion lying east of the westerly right of use limits of said
Lower Elwha Road.
Description based on survey performed by Clallam County and on file with the County
Engineer.
Bearings and distances used for these descriptions are based on the Washington State
Coordinate System, North Zone, datum of 1983, 1991 adjustment, per survey recorded
in Volume 40 of Surveys at Page 27, records of Clallam County, Washington.
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-':-\\ : A FIG. 1 PROPOSED EASEMENTS
,r:---) \ SEC. 2:3."1Cl."11. ~::ON.R7W. W.M. ELWHA RIVER BRIDGE REPLACEMENT
. , Clallam County Public Works Sept. 19, 2006
..........
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PROPOSED TRAIL EASEMENT ~
AND TEMP. ACCESS EASEMENT s:
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PROPOSED TEMPORARY
CONSTRUCllON EASEMENT
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