HomeMy WebLinkAbout000228 Original ContractCity of Port Angeles
Record #000228
After Recording Return To:
Nippon Paper Industries USA Co., Ltd.
Attn: Tami Smith
1815 Marine Drive
Port Angeles, WA 98362
RECREATIONAL TRAIL LIMITED USE PERMIT
48 This RECREATIONAL TRAIL LIMITED USE PERMIT "Permit made this
1
day of October, 2011, by and between NIPPON PAPER INDUSTRIES USA CO.,
LTD., a Washington corporation "NPIUSA and the CITY OF PORT ANGELES, a
municipal corporation of the State of Washington "City
RECITALS
A. NPIUSA is the owner of that certain real property located at 1815 Marine
Drive in Port Angeles, Clailam County, Washington (the "Property
B. A portion of the City's Waterfront Trail (the "Trail is located along the
public right of way which runs through the Property;
C. Due to the anticipated increase in heavy truck traffic on the public right of
way associated with NPIUSA's construction of its biomass cogeneration facility (the
"Project NPIUSA and the City wish to temporarily relocate a section of the Trail (the
"Relocated Trail
D. The Relocated Trail is more specifically described on Exhibit A and
depicted on Exhibit B attached hereto and incorporated herein by this reference.
E. NPIUSA and the City intend that the Trail will be re- established at its
original location at the conclusion of the Project.
AGREEMENT
NOW THEREFORE, for and in consideration of the mutual covenants contained
herein and other good and valuable consideration, the receipt and sufficiency of which
1
are hereby acknowledged, NPIUSA and the City incorporate the foregoing recitals and
agree as follows:
1. Purpose. NPIUSA grants to the City the non exclusive privilege and right
to use the Relocated Trail for the purpose of operating, maintaining, altering, repairing
and permitting the public to use for recreational purposes the Relocated Trail and for no
other purpose. The City shall not alter physically the Relocated Trail without NPIUSA's
prior approval. The Relocated Trail shall be maintained for the use of the public for
outdoor recreational purposes without the charging of any fee of any kind for such use
2. Term. This permit is not revocable and shall only terminate upon re-
establishment of the Trail at its original location, unless the parties have agreed to
modify this Permit or enter into a new agreement regarding the location of the Trail.
3. Indemnity. NPIUSA shall indemnify the City from and against liability
incurred by the City as a result of NPIUSA's negligence resulting from or connected to
the temporary relocation of the Trail, but nothing herein shall require NPIUSA to
indemnify the City for that portion of any such liability attributable to the negligence of
the City. The City shall indemnify NPIUSA from and against liability incurred by
NPIUSA as a result of the City's negligence resulting from or connected to the
temporary relocation of the Trail, but nothing herein shall require the City to indemnify
NPIUSA for that portion of any such liability attributable to the negligence of NPIUSA.
4. Assignment. The City may not assign this permit, voluntarily or by
operation of law, without NPIUSA's prior written consent.
EXECUTED as of the date first above written.
NIPPON PAPER INDUSTRIES USA CO., LTD.,
a Washington corporation
By: 4 °..r 1 GA /V -rAr.0.1
Its: S.�s, M I ma. �ai..i_c
THE CITY OF PORT ANGELES,
a municipal corporation
2
STATE OF WASHINGTON
COUNTY OF CLALLAM
On this 1 day of Aga, 2011, before me personally appeared
..aitJ p.m 0/ Ili 4 to me known to be the
of the corporation that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he /she /they was /were authorized to execute said
instrument and that the seal affixed is the corporate seal of said corporation.
In Witness Whereof I have hereunto set my hand and affixed my official seal the
day and year first above written.
ss.
'44 61 -6/ 1 04)
N6ta y Signature
arrey) 74, I �C��,
Print/Type Name
Notary Public in and for the State of
Washington, �y
residing at (V
My commission expires -C
3
STATE OF WASHINGTON
COUNTY OF CLALLAM
I On this 1 41 'day of CC 2011, before me personally appeared
tts2 \Nk ¥ocrS tomeknowntobethe
of the corporation that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he /she /they was /were authorized to execute said
instrument and that the seal affixed is the corporate seal of said corporation.
In Witness Whereof 1 have hereunto set my hand and affixed my official seal the
day and year first above written.
4811 8054 -2474 03
090211/1044/16682 00097
ss.
Notargnature
01-\, Print/Type Name
Notary Public in and for the State of
Washington,
residing at P te+
My commission expires .5 a 5 i 5
4
FOR PUBLIC TRAIL PURPOSES THROUGH, OVER, AND ACROSS PORTIONS OF BLOCKS
134 AND 135 OF PORT ANGELES TOWNSITE, VACATED GEORGIANA STREET,
LIGHTHOUSE RESERVE TRACT, AND GOVERNMENT OUTLOT NO.1; ALL AS DEPICTED
ON SURVEY RECORDED IN VOLUME 13 OF SURVEYS, PAGE 42, RECORDS OF
CLALLAM COUNTY, WASHINGTON. SAID TRAIL SHALL BE 6 FEET IN WIDTH, 3 FEET TO
EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THE LIGHTHOUSE RESERVE, SAID
POINT BEING MARKED ON THE GROUND BY A 2 -1/2 -INCH BRASS DISC MARKED US
NMR R135 PA AMC (1956);
THENCE SOUTH 37 °27'06" WEST, A DISTANCE OF 358.41 FEET TO THE TRUE POINT OF
BEGINNING, SAID POINT BEING A POINT OF 15.00 FOOT RADIUS CURVE, THE CENTER
OF WHICH BEARS NORTH 61 °25'52" EAST;
THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 83 °24'29
A DISTANCE OF 21.84 FEET:
THENCE NORTH 54 °50'21" EAST, A DISTANCE OF 20.59 FEET TO A POINT OF A 50.00
FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY;
THEN ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 30 °3716 A
DISTANCE OF 26.72 FEET:
THENCE NORTH 85°2T37" EAST, A DISTANCE OF 14.63 FEET TO A POINT OF A 25.00
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY;
THEN ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 43 °34'43 A
DISTANCE OF 19.01 FEET;
THENCE NORTH 41°52'54" EAST, A DISTANCE OF 45.74 FEET:
THENCE NORTH 12 °36'33" EAST, A DISTANCE OF 42.80 FEET:
THENCE NORTH 32 °07'05" EAST, A DISTANCE OF 7.44 FEET;
THENCE SOUTH 83 °1317" EAST, A DISTANCE OF 4.97 FEET;
THENCE NORTH 06 °34'05" EAST, A DISTANCE OF 51.69 FEET TO A POINT OF A 15.00
FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY;
THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 37 °43'17
A DISTANCE OF 9.88 FEET;
THENCE NORTH 44 °17'22" EAST, A DISTANCE OF 14.29 FEET TO A POINT OF A 15.00
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY;
THEN ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 27 °42'12 A
DISTANCE OF 7.25 FEET;
THENCE NORTH 16 °35'09" EAST, A DISTANCE OF 251.04 FEET MORE OR LESS TO A
POINT ON THE EASTERLY MARGIN OF EDIZ HOOK ROAD AND THE TERMINUS OF THIS
TRAIL CENTERLINE. SAID POINT IS 25 FEET EASTERLY OF THE ROAD CENTERLINE AS
CONSTRUCTED.
THE SIDELINES OF SAID TRAIL SHALL BE SHORTENED OR LENGTHENED TO
TERMINATE AT A TRAIL EASEMENT TO THE SOUTH (IF ANY) AND THE EASTERLY
MARGIN OF EDIZ HOOK ROAD TO THE NORTH.
ALL BEARINGS ARE BASED ON THE WASHINGTON COORDINATE SYSTEM, NORTH
ZONE, NAD 83 (91) AND ALL DISTANCES ARE RELATIVE TO SAID GRID.
4821 -6011- 2651.02
100311/1549/16682.00097
EXHIBIT "A"
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