HomeMy WebLinkAbout5.61 Original ContractCouncil on
47919
LAND USE AGREEMENT
THIS AGREEMENT, entered into this_a9 day of 1977,
between THE CITY OF PORT ANGELES, a Municipal Corporation hereinafter referred to as
"the City and THE STATE OF WASHINGTON, THE DEPARTMENT OF GAME, hereinafter referred
to as "the State is for the purpose of providing a public fishing easement and park-
ing area on lands owned by the City along the Elwha River.
Township 30 North, Range 7 West W. M.
Authority for this agreement was granted to the City Manager by action of the City
1977, and officially approved
0 2248
The public fishing easement is a perpetual streambank easement on, over, and across
a 25- foot -wide strip of land bordering and extending along the right side, downstream,
of the Elwha River and any lands of the City lying between said strip and the thread,
or center, of said stream on the lands hereinafter described so that the State may,
at its discretion, allow members of the public to enter upon and use said lands with-
out restriction or charge by the City, for the purposes of pedestfian travel and sports
fishing. The real estate being located in CLALLAM County, State of Washington; the
area to be developed for vehicle parking and the streambank easement is more partic-
ularly described as follows:
Section 10 That portion of the Old Chicago, Milwaukee, St. Paul, and
Pacific Railroad right -of -way that lies between right -of -way station
238 45, and the west margin of the county road.
NOW, THEREFORE, be it mutually agreed and understood that the terms and conditions
of this agreement shall provide that
1. The State shall assume all liability arising from public use of the described
properties for any loss, claim of loss, expense, or liability for injury to any
person(s) or damage to any property, and hold the City harmless from all claims
to the extent allowed by law.
2. The City shall allow a Twenty -five (25) year use period upon the area to be
developed for vehicle parking. Commencement of this term shall be the recording
date.
3. The State shall, upon development of the parking area, install sanitary facili-
ties that use holding tanks, not septic tanks.
4. The State shall designate the parking site as a day -use area only to prevent
overnight parking. The State shall police the area on a regular schedule.
5. The City shall retain the right to close off a portion of the area to install
or develop an intake facility if the Elwha River is used as a source of supply
at some future date.
6. The City shall provide an alternate pedestrian travel route to provide access
to the State -owned streambank easement in the Northeast quarter of the Southeast
quarter(NE4SE4) of Section 3, Township 30 North, Range 7 West W. M. in the event
it becomes necessary to restrict travel along the river bank.
7. The State agrees to actively cooperate with the City to resolve any water
quality problems that may develop if the City uses the Elwha River as a source
of supply at some future date. The City retains the right to utilize any
portion of the area covered by this agreement for a water intake facility
and related appurtenances.
6. Gl
v 51.3 :.4, 65
LAND USE AGREEMENT
CITY OF PORI' ANGELES
DEPARTMENT OF GAME
Page 2 of 2 Pages
DATED this
STATE OF WASHINGTON
)ss.
County of
On this GO' day of 1977, before me, the undersigned,
a Notary Public in and for "the State of Washington, duly commissioned and sworn, per-
sonally appeared CARLTON B. OLSON and MARIAN PARRISH, to me known to be the Mayor and
Clerk, respectively, of THE CITY OF PORT ANGELES, the Municipal Corporation that ex-
ecuted the foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said Municipal Corporation, for the users and purposes there-
in mentioned, and on oath stated they are authorized to execute daid instrument and
that the seal affixed is the corporate seal of said Municipal Corporation.
Witness my hand and official seal hereto affixed the day and year first above written.
STATE OF WASHINGTON
County of
day of ..,4zre---"rt61-44(-1 19 77
.j
r IL FORRECORD M I1i4?
CITY OF PORT ANGELES
By( r w CP
Carlton B. Olson, Mayor
By 6. /'�'ri,�5st v
M arian Parrish, Clerk
THE STATE O INGTON, "DEPARTMENT OF GAME
1ph W. L arson, Director
By
1979 NAR -3 PH 1: 07
S/ PAGE
rti��._ C!-C
ALICE C. MOVE, AUDITOR
C Ohl C�4IT 'NASH.
BY +,A?CIiY
Notary {public in and for
Washington, residing at
ss.
ublic in and for th��-' State o
gton, residing at J
r-
On this day personally appeared before me RALPH W. LARSON, to me ]mown to be the Dir-
ector of Game of the State of Washington and the person who executed the foregoing in-
strument on behalf of the State of Washington and who acknowledged to me that he sign-
ed the same as his free and voluntary act and deed, for the uses and purposes therein
mentioned.
re's /n
Subscribed and,.sworn to before me this ��SY1 day of 0� bl 1977.
VOL 513 ;41_ 66
el‘
Department of Game
P.O. Box 44
Aberdeen, Washington 98520
Att: Tim Ryan, Game Land Agent
Dear Tim:
TOURIST MECCA OF THE NORTHWEST
140 WEST FRONT STREET PORT ANGELES, WASHINGTON 98362
September 30, 1977
Attached you will find signed documents covering the Land Use Agreement
over that portion of the Railroad Right -of -Way, in the Elwha River Area,
located in Section 10, T -30 -N, R -7 -W W. M.
me.
me.
REP /jh
Enc: 3
Tim, please date, sign and record, then return the top two pages to
If I can be of any help in the future, please.don't hesitate to contact
Respectfully,
R. E. Parrish
Engineering
es
5.{,1
THIS AGREEMENT, entered into this day of
ularly described as follows:
'LAND USE AGREEMENT
between THE CITY OF PORT ANGELES, a Municipal Corporation hereinafter referred to.as
"the City and THE STATE OF WASHINGTON, THE DEPARTMENT OF GAME, hereinafter referred
to as "the State is for the purpose of providing a public fishing easement and park-
ing area on lands owned by the City along the Elwha River.
Authority for this agreement was granted to the .;ity,Manager by action of the City
Council on weefGfic,ZG 1977, .nd nfficiall- approved 77
Township 30 North, Range '7 West W. M.
1977,
The public fishing easement is a perpetual s casement on, over, and across
a 25- foot -wide strip of land bordering and a :_tending alons the right side, downstream,
of the Elwha River and any lands of the City lyir; b.__ween saia strip and the thread,
or center, of said stream on the lands hereinafter described so that the State may,
at its discretion, allow members of the public to enter upon and use said lands with-
out restriction or charge by the City, for the purposes of pedestrian travel and sports
fishing. The real estate being located in CLALLAM County, State of Washington; the
area to be developed for vehicle parking and the streambank easement is more partic-
Section 10 That potion of the Old Chicago, MilwauKee, St. Paul, and
Pacific Railroad right-o,_-way that lies between right -of -way station
238 45, and the west margin of the county road.
NOW, THEREFORE, be it mutually agreed and understood that the terms and conditions
of this agreement shall provide that
1 State assume all liability arising from public use of the described
properties for any loss, claim of loss, expense, or liability for injury to any
person(s) or damage to any property, and hold the City harmless from all claims
to the extent allowed by law.
2. The City shall allow a Twenty -five (25) year use period upon the area to be
developed for vehicle parking. Commencement of this term shall be the recording
date.
3. The State shall, upon development of the parking area, install sanitary facili-
ties that use holding tanks, not septic tanks.
4. The State shall designate the parking site as a day -use area only to prevent
overnight parking. The State shall police the area on a regular schedule.
5. The City shall retain the right to close off a portion of the area to install
or develop an intake facility if the Elwha River is used as a source of supply
at some future date.
6. The City shall provide an alternate pedestrian travel route to provide access
to the State -owned streambank easement in the Northeast quarter of the Southeast
quarter(NEkSE of Section 3, Township 30 North, Range 7 West W. M. in the event
it becomes necessary to restrict travel along the river bank.
ti
7. The State agrees to actively cooperate with the City to resolve any water
quality problems that may develop if the City uses the Elwha River as a source
of supply at some future dace.' The City retains the right to utilize any
portion of the area covered by this agreement for a water intake facility
and related appurtenances.
LAND USE AGREEMENT
CITY OF PORT ANGELES
DEPARTMENT OF GAME
Page 2 of 2 Pages
DATED this
STATE OF WASHINGTON
day of
By
Subscribed and sworn to before me this
CITY OF PORT ANGELES
Carlton B. Olson, Mayor
L€ g
Marian Parrish, Clerk
THE STATE OF WASHINGTON, THE DEPARTMENT OF GAME
By
Ralph W. Larson, Director
STATE OF WASHINGTON
)ss.
County of
On this AV day of 1977, before me, the undersigned,
a Notary Public in and for"the State of Washington, duly commissioned and sworn, per-
sonally appeared CARLTON B. OLSON and MARIAN PARRISH, to me known to be the Mayor and
Clerk, respectively, of THE CITY OF PORT ANGELES, the Municipal Corporation that ex-
ecuted the foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said Municipal Corporation, for the users and purposes there-
in mentioned, and on oath stated they are authorized to execute daid instrument and
that the seal affixed is the corporate seal of said Municipal Corporation.
Witness my hand and official seal hereto affixed the day and year first above written.
Notary public in and for
Washington, residing at
ss.
tY}� S: to of
!f t d P
1977.
County of
On this day personally appeared before me RALPH W. LARSON, to me known to be the Dir-
ector of Game of the State of Washington and the person who executed the foregoing in-
strument on behalf of the State of Washington and who acknowledged to me that he sign-
ed the same as his free and voluntary act and deed, for the uses and purposes therein
mentioned.
day of 1977.
Notary Public in and for the State of
Washington, residing at
LAND USE AGREEMENT
"TIIISI AGREEMENT, entered into this day of 1977,
between THE CITY Ol' POkT.ANCELES, a Municipal Corporation hereinafter referred to.as
"thelCity and THE STXTE OF WASHINGTON, THE DEPARTMENT OF GAME, hereinafter referred
to as "the State is for the purpose of providing a public fishing easement.and park-
ing area on lands owned by the City along the Elwha River.
Authority for this agreement was granted to the City Manager by actiion of the Ciy
Council on ap 1977, and officially approved
Township 30 North, Range 7 West W. M.
The public fishing easement is a perpetual streambank easement on, over, and across
a 25- foot -wide strip of land bordering and extending along the right side, downstream,
of the Elwha River and any lands of the City lying between said strip and the thread,
or center, of said stream on the lands hereinafter described so that the State say,
at its discretion, allow members of the public to enter upon and use said lands with-
out restriction or charge by the City, for the purposes of pedestrian travel and sports
fishing. The real estate being located in CLALLAM County, State of Washington; the
area to be developed for vehicle parking and the streambank easement is more partic-
ularly described as follows:
Section 10 That portion of the Old Chicago, Milwaukee, St. Paul, and
Pacific Railroad right -of -way that lies between right -of -way station
238 45,'and the west margin of the county road.
NQW, THEREFORE, be ii mutually agreed and understood that the terms and conditions
of this agreement shall provide that
1. The State shall assume all liability arising from public use of the described
properties for any loss, claim of loss, expense, or liability for injury to any
person(s) or damage to any property, and hold the City harmless from all claims
to the extent allowed by law.
2. The City shall allow a Twenty -five (25) year use period upon the area to be
developed for vehicle parking. Commencement of this term shall be the recording
date.
3. The State shall, upon development of the parking area, install sanitary facili-
ties that use holding tanks, not septic tanks.
4. The State shall designate the parking site as a day-use area only to prevent
overnight parking. The State shall police the area on a regular schedule.
5. The City shall retain the right to close off a portion of the area to install
or develop an intake facility if the Elwha River is used as a source of supply
at some future date.
b.' The City shall provide an alternate pedestrian travel route to provide access
to the State -owned streambank easement in the Northeast quarter of the Southeast
quarter(NE of Section 3, Township 30 North, Range 7 West W. M. in the event
it becomes necessary to restrict travel along the river bank.
7. The State agrees to actively cooperate wltn the City to resolve any water
quality problems that may develop if the City uses the Elwha River as a source
of supply at some future date. The City retains the right to utilize any
portion of the area covered by this agreement for a water intake facility
and related appurtenances,
LAND USE AGREEMENT
CITY OF PORT ANGELES
DEPARTMENT Or GAME
Page 2 of 2 Pages
DATED this o28'
STATE OF WASHINGTON
County of
On this At day of 1977, before me, the undersigned,
a Notary Public in and fo the State of. Washington, duly commissioned and sworn, per-
sonally appeared CARLTON B. OLSON and MARIAN PARRISH, to me ]mown to be the Mayor and
Clerk, respectively, of THE CITY OF PORT ANGELES, the Municipal Corporation that ex-
ecuted the foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said Municipal Corporation, for the users and purposes there-
in mentioned, and on oath stated they are authorized to execute daid instrument and
that the seal affixed is the corporate seal of said Municipal Corporation.
Witness my hared and official seal hereto affixed the day and year first above written.
L L Wk
Notary lic in and for the State of
Washington, residing at q;.;4
STATE OF WASHINGTON
day of
By
By
)ss.
County of
On this day personally appeared before ne RALPH W. LARSON, to me }mown to be the Dir-
ector of Game of the State of Washington and the person who executed the foregoing in-
strument on behalf of the State of Washington and who acknowledged to rye that he sign-
ed the sarre as his free and voluntary act and deed, for the uses and purposes therein
mentioned.
Subscribed and sworn to before me this
CITY OF PORT ANGELES
B
Carlton B. Olson, Mayor
1
4:A.e4e.-4
Marian Parrish, Clerk
Ralph W. Larson, Director
THE STATE OF WASHINGTON, THE DEPARTMENT OF GAME
Notary Public in and for the State of
Washington, residing at
1
1977.
day of 1977.
Mr. Timothy Ryan, Game Lands Agent
Department of Game
P. 0. Box 44
Aberdeen, Washington 98520
Dear Mr. Ryan:
KSW :mnk
to
With regard to your letter of August 24 to Ray Parrish of our Engineering Department,
I took the matter up with the City Council at their meeting last evening for a brief
review. After the discussion, the City Council authorized me to pursue this matter
further with you and to report back to them at a later date.
Would you please contact me at 206 457 0411 Extension 210 so that we can set
up a meeting date to discuss this matter further.
Sincerely,
September 15, 1977
Kenneth S. Whorton
City Manager
541
k
472178
LAND USE AGREEMENT
THIS AGREEMENT, entered into this ac day of ,46i,4
/jui,/,1's' 1977,
between THE CITY OF PORT ANGELES, a Municipal Corporation, hereinafter referred to
to "the City and THE STATE OF WASHINGTON, THE DEPARTMENT OF GAME, hereinafter
referred to as "the State is for the purpose of providing a public fishing ease-
ment and perking area on lands owned by the City along the Elwha River.
Authority for this agreement was granted to the City by action of the City Council
on October 26, 1976 and officially approved November 2, 1976.
The public fishing easement l® a perpetual streambank easement on, over, and across
ai 25 foot wide strip of land bordering and extending along the right side, down
stream, of the Elwha River and any lands of the City lying between said strip and
the thread, or center, of said stream on the lands hereinafter described so that
the State may, at its discretion, allow members of the public to enter upon and use
Said lands, without restriction or charge by the City, for the purposes of pedes-
trian travel end sports fishing, the real estate being located in CLALLAM County,
State of Washington, rrd more particularly described as follows:
Township 30 North, Range 7 West W.M.
Section 3 The Southeast quarter of the Southeast
quarter (SASE1/4)
Section 10 That portion of the Northeast quarter of
the Northeast quarter (NE1/4NE owned by
the City of Port Angeles.
The area to be developed for vehicle parking is more particularly described as
follows:
Township 30 North, Range 7 West W.M.
Section 10 That portion of the Northeast quarter of
r► the Northeast quarter (NEkNEk) lying
MIM Northerly of State Highway 112 right of way, Westerly
of the County Road, Southerly of the Fisheries Depart-
ment overflow channel, and Easterly of the center line
of the Elwha River, LESS the Railroad right of way.
,g0W hFORE, be it mutually agreed and understood that the terms and conditions
of this agreement shall provide that
'1. The State shall assume all liability arising from public use of the
described properties for any loss, claim of loss, expense, or liability
for .injury to any person(s) or damage to any property, and hold the City
harmless from all claims to the extent allowed by law.
,,City shall Allow Twenty -five (25) year use period upon the area
to be developed for vehicle parking. Commencment of this term shall be
the recording date,'
The. State aaball,' upon development of the parking area, install sanitary
tscilitxe#, that, use -holding tasks, not septic tanks.
fitSte sha 'deal lha parking site as a day -use only to pre
c ight picking. a State shall police the area on a regular
in th r t :.to clone off a portion of ',the' Liver
lop s. rake' faacii4ty it the E14h a Aver is used .as a
Saute future date.
5.61
LAND-USE AGREEMENT
CITY OF 2RT ANGELES/
DEPARTMENT OF GAME
page 2 of 2 pages
6. The City shall provide an alternate pedestrian travel route to provide
access to the State- owned streambank easement in the Northeapt =-r er
of the Southeast quarter (NE'SEN) of Section 3, Township 30 No
Ra +;e 7 West W.M. in the event it becomes necessary to restrict travel
along the river bank.
7. The State agrees to actively cooperate with the City to resolve any water
quality problei that may develop if the City uses the Elwha River as a
source of supply at some future date.
DATED this
Z.g day of ,-e ii r
sA4" i p ,.-4t
V 0.
STATE OF WASHINGTON
County of %//1 54)7
STATE OF WASHINGTON
ss.
County of Chf/ltxer'►
CITY OF PORT ANGELES
By r
Carlton B. Olson, Mayor
By C
Marian Parrish, Clerk
THE STATE 0
By
INGTON, THE DEPARTMENT OF GAME
Rd'1ph W. Larson, Director
1971 C" ._P (i�t> fin.
f� p -i
19_77
On this le day of A r 1977, before me, the undersigned,
a Notary Public in and for the State oSdWashington, duly commissioned and sworn,
personally appeared CARLTON B. OLSON and MARIAN PARRISH, to me known to be the Mayor
and Clerk, respectively, of THE CITY OF PORT ANGELES, the Municipal Corporation
that executed the foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said Municipal Corporation, for the uses and pur-
poses therein .ntioned, and on oath stated they are authorized to execute daid
instrument and that the seal affixed is the corporate seal of said Municipal
Corporation.
Witness rah hand and official seal hereto affixed the day and year first above,• en°
.g vOve,�
Notary M is in and for a to a of •s
Washing on, residing at e; r r o`'°':
oat o�" C t
t r'4 9 r�
,90 o
q
this day personally appeared before ,me RALPH W. LARSON, to we known to be t
e
Director of "Game of the State of Washington and the person who executed the fore
•goipg instrument on behalf of the State of Washington and who acknowledged to me
that he signed the same,. as his free and Voluntary act and deed, for the uses and
purposes'therein mentUoted.
nE PARTMENT
OF GAME
P.O. Box 44, Aberdeen, Washington 98520
Region 6 August 24, 1977
PF ELWHA RIVER
CLALLAM COUNTY
CITY OF PORT ANGELES
Mr. Raymond Parrish
Senior Engineer, City of Port Angeles
140 West Front Street
Port Angeles, Washington 98362
Dear Ray:
Map #1 shows the Harold Sisson and Evar Halberg Acquisitions.
The Sisson Acquisition breaks down as follows:
41.60 acres at $1000 /ac $41,600
5000 Streambank Easement $4 /foot 20,000
1 acre Parking 2,000
Pedestrian Easement 500
$64,100
Game Commission
Claude Beksns, Seattle, Chairman
Glenn Galbraith, Wellpsnst
Frank L Cassidy, Jr, Vancouver
Arthur S Coffin, Yakima
Elizabeth W Meadowcroft, Tacoma
Archie U Mills, Wenatchee
Director Ralph IV. Larson
Assistant Directors Jack S Wayland
John Douglas
5.61
As we discussed, I am sending you a set of maps outlining that the Game Department has
purchased on the Elwha River.
The Halberg Acquisition breaks down as follows:
23 acres and
900 front feet $26,620
The unit value for the acreage was $1000 /ac. The Streambank Easement was purchased at
approximately $4 /ff.
To date, total Acquisition Expenditures have been $90,720. We anticipate spending
another $6,500 for a 6.5 -acre tract in the SW1/4 SE NEB of Sec. 10 T 30 N R 7 W.
This Acquisition will provide the fishing public with a parking area and 650' of
Streambank access on the west bank of the Elwha River. A copy of the Game Department
map for this tract is enclosed. (Designated as Map #3) Note that the City of Port
Angeles is north of the subject tract.
Map #2 shows the old railroad Right of Way which the City of Port Angeles apparently
purchased from Harold E. Sisson. Could we have a copy of the document used to purchase
this tract from Sisson?
You mentioned that the City of Port Angeles originally believed they needed this property
for a raimy collector. Apparently, this tract is no longer considered necessary to your
raimy collector system. We are therefore hopeful that the Game Department and the City
Raymond Parrish_
August 24, 19.17
Page 2
of Port Angeles can draw up a "Land Use Agreement" for this tract, similar to your
agreement with State Game for portions of Sections 3 and 10 T 30 N R 7 W. This
agreement was signed by your Mayor, Carlton B. Olson, on February 10, 1977.
My phone number is 206 532 -9680.
TR:cd
cc: Penttila
Hosea
Willis
Gillespie
Thank you,
I, Ryam
Timothy Ryan
Game Lands Agent
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RE: Elwha River
Clallam County
City of Port Angeles
Dear Mr. Willis:
Mr. John B. Willis
Land Acquisition Supv.
Environmental Management Division
Department of Game
600 North Capitol Way
Olympia, Washington 98504
P A je
TOURIST MECCA OF THE NORTHWEST
140 WEST FRONT STREET PORT ANGELES, WASHINGTON 98362
February 10, 1977
We are enclosing two originals of Land Use Agreement and Roadway Easement
for your execution.
Would appreciate your returning one fully executed copy for our files.
MK
Enc.
Sincerely,
Martha Klinge
Secretary to the
City Manager
5.6t
DEPARTMENT
OF GAM
600 North Capitol Way Olympia, Washington 98504
PF Elwha River
Clallam County
City of Port Angeles
Mr. Raymond Parrish
Senior Engineer, City of Port Angeles
140 West Front Street
Port Angeles, Washington 98362
Dear Mr. Parrish:
As we discussed today, I am enclosing a Roadway Easement covering
the road leading to the State Highways pit site on the west side of
the Elwha River. The legal description has been revised. The map
delineating this legal description was sent to Mr. Kenneth Whorton.
If this document is satisfactory, please return the executed copy
to the attention of Mr. John Willis at this office.
Also enclosed is another copy of the Land Use Agreement describing
the streambank easement and parking area. The Department of Game
will cooperate with the City of Port Angeles in locating the parking
area. If this instrument is satisfactory, please execute the original
and the enclosed copy. After this Land Use Agreement has been signed
by the Director of Game, we will send a copy to you for your records.
TR:pl
enclosures -2
I
cc Region 6, Aberdeen
James Brigham, Wildlife Planner
Game Commission
Claude Bek:ns, Seattle, Chairman
Glenn Galbraith, Wellpmit
Frank L Cassidy, Jr, Vancouver 'j
Arthur S Coffin, Yakima
Elizabeth W Meadowcroft, Tacoma �,.1 tl -77
Archie U Mills, Wenatchee
Director Ralph W Larson
Assistant Directors Jack S Wayland
John Douglas
3 February 1977
Very truly yours,
THE DEPARTMENT OF GAME
Timothy Ryan, Game Lands Agent
Environmental Management Division
1977.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
RESOLUTION NO. 7 7
A RESOLUTION of the City Council of the City of Port
Angles directing the Mayor to execute that certain
Roadway Easement and Land Use Agreement both
involving the Washington State Department of Game.
WHEREAS the City of Port Angeles and the Washington State Depart-
ment of Game have negotiated the terms of the hereinafter described instru-
ments to their mutual satisfaction and for the benefit of the general public;
and
WHEREAS, the said parties desire to record the terms of their agree-
ments; and
WHEREAS, the Washington State Department of Game has drafted
and submitted for execution a Roadway Easement and a Land Use Agreement,
copies of both of which are attached hereto and are by this reference incor-
porated herein as though fully set forth;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Port Angeles that the Mayor be, and he hereby is, authorized and directed
to execute the Roadway Easement and Land Use Agreement referred to above,
on behalf of the City of Port Angeles.
PASSED by the City Council of Port Angeles the 2nd day of February,
Mayor
ROADWAY EASEMENT
THE GRANTOR, THE CITY OF PORT ANGELES, a municipal corporation, in accord-
ance with the action of the City Council at a meeting held October 26, 1976,
and approved at their subsequent meeting, grants unto THE STATE OF WASHINGTON,
THE DEPARTMENT OF GAME a 30- foot -wide roadway easement for public access over
the following described real estate, located in CLALLAM County, Washington:
STATE OF WASHINGTON
County of ,Oa!'/ ry Y1
Township 30 North, Range 7 West W.M., Section 10
The Northwest quarter of the Southeast
quarter (NW4SEkNE4).
The centerline of said roadway is more
as follows:
Beginning at the Northeast (NE) corner of said Section 10; thence
South 77 24'05" West a distance of 1704.54 feet; thence South
27 12'05" West a distance of 207.00 feet; thence South 15 05'25"
West a distance of 188.57 feet; thence South 4 15'59" East a dis-
tance of 191.38 feet; thence South 30 31'52" East a distance of
133.74 feet; thence South 7 East a distance of 114.88 feet;
thence South 43 02'58" East a distance of 188.52 feet; thence
South 61 24'55" East a distance of 131.68 feet to the One- Sixteenth
/16)corner and TRUE POINT OF BEGINNING; thence South 81 56'49"
East a distance of 90.97 feet; thence South 88 50'38" East a dis-
tance of 137.13 feet; thence South 59 49'42" East a distance of
158.45 feet; thence South 1 08'29" East a distance of 76.64 feet;
thence South 50 17'22' East a distance of 185.61 feet; thence
South 15 21'04" East a distance of 213.12 feet; thence South
23 00'56" West a distance of 150.40 feet to the South line of
said Northwest quarter of the Southeast quarter of the Northeast
quarter (NW4SE 1/4NE4) and end of said centerline description.
DATED this /7'2/4'1' day of j_ r/ r 19 71
J
CITY OF PORT ANGELES
By <A_A_
Carlton B. Olson, Mayor 1
B
ss.
quarter of the Northeast
particularly described
f4 Ve- 41
Marian Parrish, Clerk
On this f' day of ,y 19 77 before me, the undersigned, a
Notary Public in and for the State df Washington, duly commissioned and sworn, per-
sonally appeared CARLTON B. OLSON and MARIAN PARRISH, to me known to be the Mayor
and City Clerk, respectively, of the City of Port Angeles, a municipal corporation,
and acknowledged said instrument to be the free and voluntary act and deed of said
municipal corporation, for the uses and purposes therein mentioned, and on oath
stated that they are authorized to execute said instrument and that the seal affixed
is the corporate seal of said municipal corporation.
WITNESS my hand and official seal heretq affixed the day and year first above written.
ti e 4 11._
Notary Public in and for the State of
Washington, residing at ,1 /1 2 4_#! -2_-
LAND USE AGREEMENT
THIS AGREEMENT, entered into this day of 1977,
between THE CITY OF PORT ANGELES, a Municipal Corporation, hereinafter referred to
as "the City and THE STATE OF WASHINGTON, THE DEPARTMENT OF GAME, hereinafter
referred to as "the State is for the purpose of providing a public fishing ease-
ment and parking area on lands owned by the City along the Elwha River.
Authority for this agreement was granted to the City by action of the City Council
on October 26, 1976 and officially approved November 2, 1976.
The public fishing easement is a perpetual streambank easement on, over, and across
a 25- foot -wide strip of land bordering and extending along the right side, down-
stream, of the Elwha River and any lands of the City lying between said strip and
the thread, or center, of said stream on the lands hereinafter described so that
the State may, at its discretion, allow members of the public to enter upon and use
said lands, without restriction or charge by the City, for the purposes of pedes-
trian travel and sports fishing, the real estate being located in CLALLAM County,
State of Washington, and more particularly described as follows:
Township 30 North, Range 7 West W.M.
Section 3 The Southeast quarter of the Southeast
quarter (SEISE')
Section 10 That portion of the Northeast quarter of
the Northeast quarter (NE1/4NE1/4) owned by
the City of Port Angeles.
The area to be developed for vehicle parking is more particularly described as
follows:
Township 30 North, Range 7 West W.M.
Section 10 That portion of the Northeast quarter of
the Northeast quarter (NEkNE') lying
Northerly of State Highway 112 right of way, Westerly
of the County Road, Southerly of the Fisheries Depart-
ment overflow channel, and Easterly of the center line
of the Elwha River, LESS the Railroad right of way.
NOW, THEREFORE, be it mutually agreed and understood that the terms and conditions
of this agreement shall provide that
1. The State shall assume all liability arising from public use of the
described properties for any loss, claim of loss, expense, or liability
for injury to any person(s) or damage to any property, and hold the City
harmless from all claims to the extent allowed by law.
2. The City shall allow a Twenty -five (25) year use period upon the area
to be developed For vehicle parking. Commencment of this term shall be
the recording date.
3. The State shall, upon development of the parking area, install sanitary
facilities that use holding tanks„ not septic tanks.
4. The State shall designate the parking site as a day -use area only to pre-
vent overnight parking. The State shall police the area on a regular
schedule.
5. The City shall retain the right to close off a portion of the river bank
to install or develop an intake facility if the Elwha River is used as a
source of supply at some future date.
LAND USE AGREEMENT
CITY OF PORT ANGELES/
DEPARTMENT OF GAME
page 2 of 2 pages
6. The City shall provide an alternate pedestrian travel route to provide
access to the State -owned streambank easement in the Northeast quarter
of the Southeast quarter (NE of Section 3, Township 30 North,
Range 7 West W.M. in the event it becomes necessary to restrict travel
along the river bank.
7. The State agrees to actively cooperate with the City to resolve any water
quality problems that may develop if the City uses the Elwha River as a
source of supply at some future date.
DATED this
STATE OF WASHINGTON
County of
day of /eb r
CITY OF PORT ANGELES
By
By
By
ss.
Carlton B. Olson, Mayor
Marian Parrish, Clerk
THE STATE OF WASHINGTON, THE DEPARTMENT OF GAME
Notary Public if and for
Washington, res ding at
Ralph W. Larson, Director
STATE OF WASHINGTON
ss.
County of C4____ z
On this /0 day of Fe4 p /Y,-u 1977, before me, the undersigned,
a Notary Public in and for the State 4f Washington, duly commissioned and sworn,
personally appeared CARLTON B. OLSON and MARIAN PARRISH, to me known to be the Mayor
and Clerk, respectively, of THE CITY OF PORT ANGELES, the Municipal Corporation
that executed the foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said Municipal Corporation, for the uses and pur-
poses therein mentioned, and on oath stated they are authorized to execute daid
instrument and that the seal affixed is the corporate seal of said Municipal
Corporation.
Witness my hand and official seal hereto affixed the day and year first above 'written.
a
9t/
tate of
On this day personally appeared before me RALPH W. LARSON, to me known-to be the
Director of Game of the State of Washington and the person who executed the fore-
going instrument on behalf of the State of Washington and who acknowledged to me
that he signed the same as his free and voluntary act and deed, for the uses and
purposes therein mentioned.
Subscribed and sworn to before me this day of 19
Notary Public in and for the State of
Washington, residing at.
19 77
A 2 Pint Plan
APPRAISAL REPORT
PIO►tattor STATE OF WASHINGTON, 6EPARTMENI OF NBA
1
30 N. R. 7 W.M. SEC._ 10 SU6. swLLS Flz1F 4
1 1 1 1 1 1 1 1 1 1 1 1
(647' only dimension given)
1 1 1 1
SCALE 7" 1 mile
deeded
Credos
Peden
Waft&
Weser&
Sub jeet Property-'
.1.4 »1��
Novel MN
Ol' MN
Tr•11 s
TRACT MAP
LEGEND
Cawood SeffiN4t t$
/MN .4
•..••IN Comer
.r•••••• 11~14.1
Addendum to IAC Application
Elwha River Highway Department
Tract 6.5 Acres
I.rfrwllr•M OidMgs ^J•
Strove
Coed 011a
Irr 1,•de. WWI
wised.* PIN Lies 0-4 H 0-4 H
NriM •W
/•11dhis
5. GI
1 1
F.-
1=!A.IRr 1 i\ l
O3F'
600 North Capitol Way Olympia, Washington 98504
PF Elwha River
Clallam County
City of Port Angeles
Kenneth S. Whorton
City Manager
140 West Front Street
Port Angeles, Washington 98362
Dear Mr. Whorton:
JBW:hy
Enclosures
cc: Region 6
Jim Brigham
Game Commission
Claude Bckrns. Seattle. Chairman
Glenn Galbraith, lt-'ellpnut
Frank L Carsidy, Jr. Vancouver \J)\
Arthur S. Coffin, Yakima s'
Elizabeth' W Meadowcroft, 7�acoma.
Archie U Mills, Wenatchee
Director Ralph 117. Larson c
Assistant Directors Jack S. Wayland'
John Douglas
February 1, 1977
5► 61
With the help of the City of Port Angeles, we were able to gain
approval for our proposed public fishing project on the Elwha River. We
sincerely appreciate the assistance that the city has provided.
Survey work has now been completed to locate the easement through
property on the west side of the Elwha. Enclosed is a map showing the
'L 1Zocation and an instrument granting the easement to the state.
C Also enclosed is a land use agreement which describes the streambank
easement and associated parking area. There is a parcel of land currently
under the ownership of Mr. Sisson which divided the proposed parking area.
is the railroad right of way which we are currently negotiating for with
E Mr. Sisson. When acquired, the sanitary facility will probably be located
upon that portion of the proposed development site.
If you find these instruments in proper order, we ask that they be
executed and returned to this office.
While IAC has approved the project, they have not allowed the depart-
ment to make payment to the Sissons and Halbergs until all of the documents
and maps are complete and in order. We are therefore anxious that the instru-
ments be returned as soon as possible. Unfortunately, this has been a long
process in putting all of the pieces together to make a whole project.
Very truly yours,
Ty DEPARTMENT OF GAME
,'John B. Willis, A.R.A.
{and Acquisition Supervisor
Environmental Management Division
DIE 3P-A:Fer Ts rr
600 North Capitol Way Olympia, Washington 98504
PF Elwha River
Clallam County
City of Port Angeles
Kenneth S. Whorton
City Manager
140 West Front Street
Port Angeles, Washington 98362
Dear Mr. Whorton:
JBW:hy
Enclosures
cc: Region 6
Jim Brigham
3
Game Commission
Claude Bekins, Seattle, Chairman
Glenn Galbraith, U'ellpinit
Frank L Cassidy, Jr. Vancouve'',
Arthur S_ Coffin, Yakima
Elizabeth W Meadou'croft:_ 7acomdr
Archie U. Mills. Wenatchee
l ydted r
Director Ralph` W Larson
Assistant Directory Jack S Wayland
John' Douglas
February 1, 1977
With the help of the City of Port Angeles, we were able to gain
approval for our proposed public fishing project on the Elwha River. We
sincerely appreciate the assistance that the city has provided.
Survey work has now been completed to locate the easement through
city property on the west side of the Elwha. Enclosed is a map showing the
location and an instrument granting the easement to the state.
Also enclosed is a land use agreement which describes the streambank
easement and associated parking area. There is a parcel of land currently
under the ownership of Mr. Sisson which divided the proposed parking area.
This is the railroad right of way which we are currently negotiating for with
Mr. Sisson. When acquired, the sanitary facility will probably be located
upon that portion of the proposed development site.
If you find these instruments in proper order, we ask that they be
executed and returned to this office.
While IAC has approved the project, they have not allowed the depart-
ment to make payment to the Sissons and Halbergs until all of the documents
and maps are complete and in order. We are therefore anxious that the instru-
ments be returned as soon as possible. Unfortunately, this has been a long
process in putting all of the pieces "together to make a whole project.
Very truly yours,
TFJE DEPARTMENT OF GAME
/John B. Willis, A.R.A.
■,/and Acquisition Supervisor
Environmental Management Division
5, 6 t
4
THE GRANTOR, THE CITY OF PORT ANGELES, a municipal corporation, in accord-
ance with the action of the City Council at a meeting held October 26, 1976,
and approved at their subsequent meeting, grants unto THE STATE OF WASHINGTON,
THE DEPARTMENT OF GAME a 30 -foot -wide roadway easement for public access over
the following described real estate, located in CLALLAM County, Washington:
County of CLALLAM
Township 30 North, Range 7 West W.M., Section 10
The Southwe t quarter of the Southeast quarter of the Northeast
quarter -4SE1/4NE1/4) I /V W
The center line of said roadway is more particularly described as
follows:
ss.
STATE OF WASHINGTON
ROADWAY EASEMENT
Beginning at the Northeast (NE) corner of said Section 10; thence
South 77 24'05" West a distance of 1704.54 feet; thence South
27 12'05" West a distance of 207.00 feet; thence South 15 05'25"
West a distance of 188.57 feet; thence South 4 15'59" East a dis-
tance of 191.38 feet; thence South 30 31'52" East a distance of
133.74 feet; thence South 7 50'25" East a distance of 114.88 feet;
thence South 43 02'58" East a distance of 188.52 feet; thence
South 61 24'55" East 131.68 feet to the One Sixteenth (1/16) cor-
ner and TRUE POINT OF,BEGINNING; thence South 81 56'49" East a
distance of 90.97 feet; thence South 88 50'38" East a distance of
137.13 feet; thence South 59 49'42" East a distance of 158.45 feet;
thence South 1 08'29" East a distance of 76.64 feet; thence South
50 17'22" East a distance of 185.61 feet; thence South 15 21'04"
East a distance of 213.12 feet; thence South 23 00'56" West a dis-
tance of 150.40 feetndend of said center line description.
/f
To 5, -e
r r 1 2 AY K
DATED this day of 19
CITY OF PORT ANGELES
By
By
Carlton B. Olson, Mayor
Marian Parrish, Clerk
On this day of 19 before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared CARLTON B. OLSON and MARIAN PARRISH, to me known to be the Mayor and City
Clerk, respectively, of the City of Port Angeles, a municipal corporation, and acknowl-
edged said instrument to be the free and voluntary act and deed of said municipal cor-
poration, for the uses and purposes therein mentioned, and on oath stated that they
are authorized to execute said instrument and that the seal affixed is the corporate
seal of said municipal corporation.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Notary Public in and for the State of
Washington, residing at
5.Gt
LAND USE AGREEMENT
THIS AGREEMENT, entered into this day of 1977,
between THE CITY OF PORT ANGELES, a Municipal Corporation, hereinafter referred to
as "the City and THE STATE OF WASHINGTON, THE DEPARTMENT OF GAME, hereinafter
referred to as "the State is for the purpose of providing a public fishing ease-
ment and parking area on lands owned by the City along the Elwha River.
Authority for this agreement was granted to the City by action of the City Council
on October 26, 1976 and officially approved November 2, 1976.
The public fishing easement is a perpetual streambank easement on, over, and across
a 25 -foot -wide strip of land bordering and extending along the right side, down-
stream, of the Elwha River and any lands of the City lying between said strip and
the thread, or center, of said stream on the lands hereinafter described so that
the State may, at its discretion, allow members of the public to enter upon and use
said lands, without restriction or charge by the City, for the purposes of pedes-
trian travel and sports fishing, the real estate being located in CLALLAM County,
State of Washington, and more particularly described as follows:
Township 30 North, Range 7 West W.M.
Section 3 The Southeast quarter of the Southeast
quarter (SE 4SE1/4)
Section 10 That portion of the Northeast quarter of
the Northeast quarter (NEkNE4) owned by
the City of Port Angeles.
The area to be developed for vehicle parking is more particularly described as
follows:
Township 30 North, Range 7 West W.M.
Section 10 That portion of the Northeast quarter of
the Northeast quarter (NEkNEa) lying
Northerly of State Highway 112 right of way, Westerly
of the County Road, Southerly of the Fisheries Depart-
ment overflow channel, and Easterly of the center line
of the Elwha River, LESS the Railroad right of way.
NOW, THEREFORE, be it mutually agreed and understood that the terms and conditions
of this agreement shall provide that
1. The State shall assume all liability arising from public use of the
described properties for any loss, claim of loss, expense, or liability
for injury to any person(s) or damage to any property, and hold the City
harmless from all claims to the extent allowed by law.
2. The City shall allow a Twenty -five (25) year use period upon the area
to be developed for vehicle parking. Commencment of this term shall be
the recording date.
3. The State shall, upon development of the parking area, install sanitary
facilities that use holding tanks.
4. The State shall designate the parking site as a day -use area only to pre-
vent overnight parking. The State shall police the area on a regular
schedule.
5. The City shall retain the right to close off a portion of the river bank
to install or develop an intake facility if the Elwha River is used as a
source of supply at some future date.
LAND USE AGREEMENT
CITY OF PORT ANGELES
DEPARTMENT OF GAME
page 2 of 2 pages
6. The City shall provide au alternate pedestrian travel route to provide
access to the State -owned streambank easement in the Northeast quarter
of the Southeast quarter (NE3/4SE of Section 3, Township 30 North,
Range 7 West W.M. in the event it becomes necessary to restrict travel
along the river bank.
7. The State agrees to actively cooperate with the City to resolve any water
quality problems that may develop if the City uses the Elwha River as a
source of supply at some future date.
DATED this
STATE OF WASHINGTON
County of
STATE OF WASHINGTON
County of
day of 19
CITY OF PORT ANGELES
By
By
THE STATE OF WASHINGTON, THE DEPARTMENT OF GAME
By
ss.
ss.
Subscribed and sworn to before me this
Carlton B. Olson, Mayor
Marian Parrish, Clerk
Ralph W. Larson, Director
On this day of 19 before me, the undersigned,
a Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared CARLTON B. OLSON and MARIAN PARRISH, to me known to be the Mayor
and Clerk, respectively, of THE CITY OF PORT ANGELES, the Municipal Corporation
that executed the foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said Municipal Corporation, for the uses and pur-
poses therein mentioned, and on oath stated they are authorized to execute daid
instrument and that the seal affixed is the corporate seal of said Municipal
Corporation.
Witness my hand and official seal hereto affixed the day and year first above written.
Notary Public in and for the State of
Washington, residing at
On this day personally appeared before me RALPH W. LARSON, to me known to be the
Director of Game of the State of Washington and the person who executed the fore-
going instrument on behalf of the State of Washington and who acknowledged to me
that he signed the same as his free and voluntary act and deed, for the uses and
purposes therein mentioned.
Notary Public in and for the State of
Washington, residing at
day of 19
\t\
i
I
DEPT OF F/..571E.E/E5
souna3,e.
t
X
r
1
1'
E S'
1/
1/
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N
1
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1,
te
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r t
7
i
N NN
A 2 Plot Plan
APPIRAI8A1 REPORT
noputrior STATE OF WASH I IN, OEITARTNIENI
T. 30 N., R. 7 W suc._ 10 SU B. sw
•11
111 1 1 1 1
(647' only dimension given)
1 1 1 1 1
SCALE 7" 1 mile
TRACT KAT
LEGEND
1 1 1 1
Pewee Nee.
Crepleed El 0mM Reed
Wet Need
Orestes E—} Tree 86 1. a los ea
Oellteed N.0000440 ttrleetles
Peelers El FON SO •■••10■ OA
El
v.......
0
subject PropertvM
5-61
Addendum to IAC Application
Elwha River Highway Department
Tract 6.5 Acres
Setoteetteat Weans,* •"'"'"e
litteee
Ceeel et OIls
Irrigate* Offs le•
LMe 0-4 ••■1
lekg.er
1 1
F-1
.11
1 1
DATED this 1 /9 144 day of
t ?'!t� `J r, 1.
L�l
ss.
ROADWAY EASEMENT
THE GRANTOR, THE CITY OF PORT ANGELES, a :municipal corporation, in accord-
ance with the action of the City Council at a meeting held October 26, 1976,
and approved at their subsequent meeting, grants unto THE STATE OF WASHINGTON,
THE DEPARTMENT OF GAME a 30- foot -wide roadway easement for public access over
the following described real estate, located in CLALLAM County, Washington:
Township 30 North, Range 7 hest W.M., Section 10
The Northwest quarter of the Southeast
quarter (NW1/4SEINE
The centerline of said roadway is more
as follows:
CITY OF PORT ANGELES
By� �C•
quarter of the Northeast
particularly described
Beginning at the Northeast (NE) corner of said Section 10; thence
South 77 24'05" West a distance of 1704.54 feet; thence South
27 12'05" West a distance of 207.00 feet; thence South 15 05'25"
West a distance of 188.57 feet; thence South 4 15'59" East a dis-
tance of 191.38 feet; thence South 30 31'52" East a distance of
133.74 feet; thence South 7 50'25" East a distance of 114.88 feet;
thence South 43 02'58" East a distance of 188.52 feet; thence
South 61 24'55" East a distance of 131.68 feet to the One- Sixteenth
(1 /16)corner and TRUE POINT OF BEGINNING; thence South 81 56'49"
East a distance of 90.97 feet; thence South 88 50'38" East a dis-
tance of 137.13 feet; thence South 59 49'42" East a distance of
158.45 feet; thence South 1 08'29" East a distance of 76.64 feet;
thence South 50 17'22' East a distance of 185.61 feet; thence
South 15 21'04" East a distance of 213.12 feet; thence South
23 00'56" West a distance of 150.40 feet to the South line of
said Northwest quarter of the Southeast quarter of the Northeast
quarter (NW'tSEI4NE and end of said centerline description.
Carlton B. Olson, Mayor
By 6/ ur, r.�4
Marian Parrish, Clerk
STATE OF WASHINGTON
County of G /,ry//v,•,i
174 On this /'n r`�day of f 19 71 before me, the undersigned, a
Notary Public in and for the State o'f Washington, duly commissioned and sworn, per-
sonally appeared CARLTON B. OLSON and MARIAN PARRISII, to me known to be the Mayor
and City Clerk, respectively, of the City of Port Angeles, a municipal corporation,
and acknowledged said instrument to be the free and voluntary act and deed of said
municipal corporation, for the uses and purposes therein mentioned, and on oath
stated that they are authorized to execute said instrument and that the seal affixed
is the corporate seal of said municipal corporation.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Notary Public in and for e ftaye of
Washington, residing at '4
19 77
VOL 497 FFALi 158
08845
5, Co
REP /rm
12/14/76
ELWHA RIVER EASEMENT REPORT
An on -site study of the City owned portion of the NW4 SE4 NE4 of Section
10, Townsite 30, Range 7, lying west of the Elwha River was made to determine
the most practical route for granting a roadway easement to the State of
Washington for access to their property.
The route as selected by the State Engineers, would run in a straight line
over and across the eastern portion of the City property. This route would
require the removal of large trees, top soil and natural vegetation the
length of our property.
An existing travelway, that has been used by fishermen for many years
through our property, this route affords a much more scenic drive, better
access to the river by foot or car, and would require the removal of only a
few small trees. By rebuilding this existing travelway, the State would not
disturb the surrounding area leaving it in its natural state.
Mr. Don Bakker, State Wildlife Agent, has stated that he recommends a rebuild
of this existing route.
In my opinion, if the road is relocated to the area as indicated by the State
Engineers, fishermen would continue to use this existing travelway.
R. E. Parrish
Associate Engineer
5.6'
F
L
III -IV
I CALL TO ORDER
The special meeting was called to order by Mayor Olson at 7:30 P.M. The
purpose of this special meeting is to consider an Agreement with the
Washington State Department of Game to allow access through City -owned
property to the Elwha River for sports fishing.
ROLL CALL
Members Present:
Members Absent:
Staff Present:
Guests Present:
SUSPENDED
V LEGISLATION
CITY COUNCIL MEETING
Port Angeles, Washington
October 26, 1976
Mayor Olson, Councilmen Anderson, Haguewood, Hordyk, Ross.
Councilmen Buck, Wray.
Manager Whorton, Clerk Parrish.
D. Flodstrom, D. Frizzell, R. Parrish.
W. Logan, J. Tomlinson, R. Goin, R. Cole, D. Bakker,
T. Ryan, C. Cantrell.
1. Correspondence relating to the Washington State Department of Game's proposal
to purchase land in fee along the lower Elwha River, together with stream
bank easements, for the purpose of providing a functional and worthwhile
two and one quarter miles of sports fishing area on the lower portion of
the Elwha River was read by Mayor Olson.
To accomplish the project, the state agency needs permission to use City
property on the Elwha River to allow the public use of the stream area.
The Department of Game has proposed an Agreement be instituted that would be
allow vehicle parking outside the area developed by che Department of
Fisheries as a rearing station and foot travel over the entire stretch
of the City property on the east bank and a 30 foot roadway easement
across City property on the west bank of the Elwha. Manager Whorton's
recommendation to the Council (in the form of a letter to the Depart-
ment of Game),also read by Mayor Olson, is that the Department of Game
be permitted to use City property providing said agency complies with
specified stipulations relating to the absolute retention of City rights
to protect the quality of the water should the City decide to utilize
the Elwha River as a source of supply for residential consumption at
some future date, liability, sanitation, and policing.
During the discussion, Manager Whorton indicated to the Council that the
granting of this request should be with the realization that if the
Elwha River is ever used as a source of water supply for residential
consumption that it would be necessary to filter or use Ranney collectors.
The Council discussed this matter at length with Department of Game
representatives Don Bakker and Timothy Ryan, who were in attendance,
Manager Whorton and Public Works Director Flodstrom, with the following
action being taken by the Council.
It was moved by Earl Anderson that the City grant: a 30 -foot roadway
easement through their property on the west side of the river; a 25 -foot
easement along the river bank for foot traffic; and a 25 year land -use
agreement for the development of a parking area and sanitary facilities
just South of the gate to the rearing channel. The grant of these ease-
ments to be subject to the following stipulations:
1. The Department of Game agrees to assume all liability or to hold the
City harmless from all rlaimc.
2. The Department of Game shall install sanitary facilities that use
holding tanks; septic tank type facilities are totally unacceptable.
CITY COUNCIL MEETING
October 26, 1976
V LEGISLATION
1. cont.
3. The Department of Game shall police the area on a regular schedule
to prevent overnight parking.
4. The City shall retain the right to close off a portion of the river
bank to install or develop an intake facility if the Elwha River is
used as a source of supply at some future date.
5. The Department of Game agrees to actively cooperate with the City
to resolve any water quality problems that may develop if the City of
Port Angeles uses the Elwha River as a source of supply at some future
date.
Councilman Anderson's motion was seconded by Councilman Haguewood. On
called vote, the motion was passed by the Council.
2. As an information item to the Council, Parks Director Frizzell re-
ported that Clallam County employees have cut trails on South Valley;
however, a problem exists in that the trails were cut on private
property in error instead of on County property and the possibility
of a lawsuit does exist.
VI ADJOURNMENT
Also brought to the Council's attention by Police Sergeant Sweatt was
an incident which occurred on October 1, 1976. Mr. Sweatt explained
the heroic actions of 15 year old John Jobe who confronted two adult
males that were harassing an older woman walking her dog. By dis-
tracting the assailants to himself, the woman was able to get away but
John suffered serious injury. Although injured and shaken, John
provided such an accurate description of the assailants that these
individuals were picked up immediately, which later resulted in the
actual person who perpetrated the assault being found guilty by the
Court.
Councilman Hordyk moved the Council direct Manager Whorton to prepare
an appropriate "Certificate" for presentation to John Jobe at the
November 2, 1976 meeting. The motion was seconded by Councilman Ross
and carried.
The meeting adjourned at 8:15 P.M.
text:
2/
City Clerk
Mayor
V
PF Elwha River
Clallam County
,4), /61..76
P.A_R, M6T '\T
OP
600 North Capitol W /ay Olympia, it'ashsngton 98504
Ken Wharton
City Manager
City Hall
Port Angeles, Washington
Dear Mr. Wharton:
Game Comm,rrun)
Claude Be r, Scottl, Chairman
Glenn Cothran!), Irellr;mt
frank I. C',asrtd)•, J .anro: t er
Arthur S, Crffm, 1'.alr,n,a
L/::,abeth III Mead')wen Jt. Tato/no
4rc/,w U a1L /r 11'enutrhee
October 15, 1976
The Department of Game now has three options to purchase land
and easements on the Elwha River. All three projects have been approved by
the State Game Commission subject to funding approval by the Interagency
Committee for Outdoor Recreation and subject to a land use agreement from
the City of Port Angeles. We have previously discussed the extent of the
proposed purchase, which, if completed, will provide two and one quarter
miles of sports fishing in a combination of fee and easement ownership at
a total cost of $90,200, probably the most expensive streambank fishing
that we have considered in the state.
IAC meets December 9 with a deadline of November 1 for material
to be presented to the Committee for consideration. Due to the lack of an
agreement with the city at IAC's last meeting, the project was withdrawn.
Is the city in a better position to consider an agreement at this
time? Your letter of September 14 indicated that you were willing to take
our proposal to the city council with certain stipulations which were felt
necessary to protect the quality of the water if the City of Port Angeles
decides to utilize the Elwha River as a source for residential consumption.
Three of the stipulations present no problems liability, sanitation and
policing, however, the fourth stipulation that the city have the right to
terminate any agreement if in the opinion of the city the potential for con-
tamination is greatly increased is more of a problem. We would prefer that
we take care of any potential problem in development and access routes at
the outset. IAC will not approve the purchase if access to the downstream
portion would be denied through the city's property. We are interested in
being assured of some type of permanent foot traffic easement through the
downstream portion of the city's property on the east side of the river in
order to reach the property under option.
I have heard that the city had some plans for developing a park
on the property south of the bridge this would be great as long as access
is assured through the property.
5."
A
Darcator Rai /pi, 1' Larson
Assistant Darcrtors Jack S II 'u)land
John Don C?
With the limited time left to present these assurances to IAC,
we propose the following:
1. The city grant a 30 -foot roadway easement through their pro-
perty above the bridge on the west side of the river as out-
lined in the survey map previously furnished. This will give
adequate access to the 6.5 -acre site being considered for pur-
chase from the State Highway Department.
2. The city grant permanent foot traffic through :their property
below bridge on the east side of the river. I ni s w i l l
allow use of the lands under option which connect to the city's
property.
3. Optional the city grant a 25 -year or permanent land use agree-
ment providing for the development of a vehicular parking area
and related sanitary facilities as required on a tract of land
south of the gate into the Fisheries Department development.
I would appreciate this proposal being presented to the city council
for their consideration. Your meetings are usually Tuesday evenings and un-
fortunately I will be out of town on both of the next two Tuesdays. In my
absence, I will ask Harte Penttila and Don Bakker, if possible, that they
represent the department for any questions that might arise.
Harte Penttila can be reached through the Aberdeen office area
code 206, 532 -9680 and Don Bakker can be reached in Port Angeles at 457 -5621.
JBW:hy
cc: Fred Hosea, Regional Manager
Harte Penttila, Regional Environmentalist
Don Bakker, State Wildlife Agent
Very truly yours,
THE DEPARTMENT OF GAME
1 1
Jah W1 lis, A.a.A.
Acquisition Supervisor
Environmental Management Division
1
Ne
Mr. John B. Willis, A. R. A.
Land Acquisition Supervisor
The Department of Game
600 North Capitol Way
Olympia, Washington 98504
ZgOiSG A) 5- 9, ,2-41'.6
TOURIST MECCA OF THE ,NORTHWEST
140 WEST FRONT STREET PORT ANGELES, WASHINGTON 98362
September 14, 1976
PF Elwha River, Clallam County
Dear Mr. Willis:
As we discussed on Wednesday, September 8, 19 '76, I will recommend to the City
Council that the Department of Game be permitted to use our property provided your
agency will comply with certain stipulations.
These stipulations are necessary to protect the quality of the water if the City of Port
Angeles decides to utilize the Elwha River as a source of supply for residential con-
sumption at some future date. Although we feel projects of this nature are very bene-
ficial, we must weigh them against the need to protect the people of Port Angeles.
One of the most stringent regulations enforced by the Washington Department of Social
and Health Services is that a municipality must control the watershed of the stream
from which it obtains its water.
The first stipulation is that the Department of Game must assume the liability of the
City in this matter. If the Department develops the area for fishing and urges the
public to make greater use of it, then fishermen in larger numbers can logically be
anticipated. Hence, with a larger number of fishermen, our exposure is dramatically
increased; therefore, the Department should be willing to assume the liability or hold
the City harmless from all claims. It also goes without saying that so long as the
City has the Elwha River as a potential source of water, the assumption of liability
must also be without taking control of the property.
Another stipulation would be that the Department of Game would install sanitary facil-
ities for the use of the fishermen. In addition, these sanitary facilities would have to
be of the type that uses holding tanks. Septic tanks are totally unacceptable due to
the fact that if we use the Elwha as a source of supply, it will be through a Ranney
1
Mr. John B. Willis
September 14, 1976
Page two
Collector, which is an underground collector. We simply couldn't take the chance
that the effluent from the septic flanks would flow down and contaminate the under-
ground water supply.
A third stipulation is that the Department must agree to police the parking areas on a
regular and frequent schedule to prevent overnight parking. It has been our experi-
ence that overnight camping greatly increases the potential for contamination. Unfor-
tunately, many people without self- contained campers will not use the sanitary facil-
ities or, in some cases, campers with self contained units will dump them just prior
to leaving. Hence we have the necessity of attempting to prevent overnight camping
to protect from contamination.
The final stipulation is that the City must retain the absolute right to terminate any
agreement if, in the opinion of the City, the potential for contamination is greatly in-
creasing even with the measures proposed earlier. In addition, if the City develops
two or three collectors on the East bank of the Elwha, it may be necessary to limit
access to this area while making no changes in our agreement covering the West bank
of the river.
If the Department of Game can operate within these restrictions, then please notify
me so I can place it on the agenda for City Council consideration on September 21,
1976. Thank you for coming up from Olympia to discuss the matter.
KSW:mak
Sincerely,
Kenneth S. Whorton
City Manager
CAF' G-..M
600 North Capitol W/ay Olympia, Washington 98504
PF Elwha River
Clallam County
Ken Whorton
City Engineer
City Hall
Port Angeles, Washington
Dear Mr. Whorton:
G',nrc Co
C..wle Reims. Seattle, Chairman
Glenn Galbraith Ii e/trnut
/'rank L Cat ray Jr t'anrou, er
Arthur S Cn /f,,. Yakima
Elizabeth U' Aleadoucroft, Tacoma
Archie U. Mill. Wenatchee
Director Ralph W Larson
Assistant Directors Jack S Wayland
John Douglas
August 27, 1976
I r
r A
The Department of Game is proposing to purchase three •tracts of
land in fee along the lower Elwha River, together with two streambank
easements which total one mile in length. One of the properties•iies
downstream.from the City of Port Angeles property in the SE4SE4 of Section
3, Township 30 North, Range 7 W.W.M. In order to make this fishing use
available, and to satisfy the IAC's concerns (our funding source for this
project), it will be necessary to obtain the city's permission to allow
the public the use of the stream area.
c a
We would propose that an agreement be instituted that would allow
vehicle parking outside of the area developed by the,Department of Fisheries
4t- as -a rearing station, and foot travel over the'entire stretch of the city
property. This would then connect to the land we propose to purchase down-
r w If we were to develop the parking area•with sanitary facilities,
it would be necessary that the use be allowed for a period of twenty -five
r C 3 1, Ji years in order to obtain development funding. Development schedules usually
are made up and approved two years in advance of actual development.
The second problem that we have is located in Section 10, Township
30 North, Range 7 W.W.M. We are proposing to purchase a tract of land from
the Department of Highways which is serviced by a fourteen -foot road (fee
title) running along the west.line of the North half of the Northwest quar-
ter of the Northeast quarter. The remainder of the tract is owned by the
city. IAC has currently reviewed the project with an objection that the
roadway is too narrow. We would propose to exchange the fee title fourteen
foot tract of land to the city for a thirty -foot wide easement, as outlined
on the accompanying survey map. You will note that Mr. Weatherall cur-
rently has a corner of his garage located on the fourteen -foot tract.
i J
5. cot
We are already fighting a rejection (IAC) on all three of our
proposed purchases, and time is of the essence. Perhaps, together, we
can provide a functional and worthwhile public fishing area on the lower
portion of the Elwha River.
Your consideration_of these matters will be appreciated, and a
response may be of assistance in satisfying IAC in time for scheduling
the material for their September 27th meeting.
JBW:hy
cc: Fred Hosea, Regional Manager
Harte Penttila, Regional Environmentalist
Don Bakker, State Wildlife Agent
Very truly yours,.
TH DEPARTMENT 0 r'GAME
L._
'Jo'hn B. Wil"lis, A.R.A.
Land Acquisition Supervisor
Environmental Management Division