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HomeMy WebLinkAbout2.53 Original Contract .' ~ .'.~ " 0(, 5 ~ ('..~ FILED fOR HECDRD AI THE i(EJj\J!::~ . 756566,/" 97 JUN 23 AM 8: 57 vOi!Lj,~.rAGE 0~~ ~- , i'\EI~ r (J~;: t' t':, ,i\uUI i OK CLALLf.l.t'i, COUNTY. W;\SH,~ Project No. 95-~ ~Isi. DEPUTY RETURN ADDRESS: City of Port Angeles Public Works Department PO Box 1150 Port Angeles, WA 98362 DOCUMENT TITLE: Lease Amendment 51 032481 REFERENCE NUMBERS OF RELATED DOCUMENTS: GRANTOR(S): (last, first and middle initial) State of Washington Department of Natural Resources GRANTEE(S): (last, first and middle initial) City of Port Angeles LEGAL DESCRIPTION: (abbreviated form) Tidelands East of Laurel Street ASSESSOR'S PROPERTY TAX PARCEUACCOUNT NUMBER: BOOK 118~; fJflGE 250 ?tf: ' i' STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES JENNIFER M. BELCHER Commissioner of Public Lands Olympia, Washington 98504 LEASE AMENDMENT 51-032481 TABLE OF CONTENTS SECTION PAGE 1. AMENDMENTS.... ..................................................... 1 2. EFFECTIVE DATE . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. NO RELEASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. WARRANTIES ......................................................... 2 5.' CONFIRMATION OF LEASE .............................................2 6. RECORDATION........................................................ 2 1 BOOK 11.89 PAGE 251 ~.- STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES JENNIFER M. BELCHER Commissioner of Public Lands Olympia, Washington 98504 LEASE AMENDMENT AQUATIC LANDS LEASE AMENDMENT NO. 51-032481 THIS L~ASE AMENDMENT is made by and between the ST ATE OF WASHINGTON, acting through the Department of Natural Resources ("State"), and City of Port Angeles, a government agenc~/entity ("Lessee"). BACKGROUND A. Lease No. 51-032481 was entered into on the 2nd day of October, 1967, by and between CITY OF PORT ANGELES as lessee and the STATE OF WASHINGTON, acting by and through the Department of Natural Resources, as landlord ("State"), and recorded with the Clallam County Auditor's office under recording number 51-032481 (the "Lease"). B. conditions: The parties now desire to amend this Lease under the following terms and THEREFORE, the parties agree as follows: 1. AMENDMENTS Section "Legal Description" of the Lease is amended to read as specified in Exhibit "A" attached hereto. 2. EFFECTIVE DATE The amended provisions shall become effective as of June 1, 1997. 3. NO RELEASE State is not releasing any previous Assignor from fully performing the provisions of the Lease in effect at the time of such assignment or as otherwise agreed in writing between the State, previous Assignor, and the Lessee. 1 BOOK 1189 PAGE 252 4. WARRANTIES Lessee represents and warrants to State that (i) the Lease is in full force and effect; (ii) Lessee is not in default or breach of the Lease; (iii) Lessee has no knowledge of any claims, offsets, or defenses of the Lessee under the Lease; and (iv) to the best of Lessee's knowledge, the property is in full compliance wIth all applicable federal, state, and local governmental permits, rules, ordinances, and laws. 5. CONFIRMA TION OF LEASE . All other terms of the Lease not inconsistent with this Lease Amendment are hereby affirmed and ratified. 6. RECORDA TION Lessee shall record this Lease Amendment in the county in which the Property is located, at Lessee's sole expense. Lessee shall provide State with recording information, including the date of recordation and file number. Lessee shall have thirty (30) days from the date of delivery of the final executed agreement to comply with the requirements of this subsection. If Lessee fails to record this Lease, State may record it and Lessee shall pay the costs of recording upon State's demand. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. STATE: Lessee STATE OF WASHINGTON DEpARTMENT OF NA AL .:RES'OURC ' t....~~~~,.~...~"... ~. '. '. ~ ~... ,.0. ~ \:",i. g~ayt~ . ;~r..:: -.1' .r~~.~' ...:~.tt ~ '.~.. ~'(;I H0MAS~'E.! ~~:~~~ o..o~~.:" ~~: <}~:~':.~:-r'/ ..... "6.~ ..," ~Cl. t'J"r..J~'.. " . . \,~I!s: "C>lYJUP1C, RegIOnal Manager "I/o',. '0" ." Dated:"( / - /..-? - 77 City of Port Angeles 321 East Fifth Port Angeles, W A 98362 P.E. ] By: Type or Print Name Its: [ CITY ENGINEER Dated: [ May 23, 1997 51-032481 2 BOOK 11. 8 H PAGE 2 ~ 3 CERTIFICATE OF ACKNOWLEDGMENT ST ATE OF WASHINGTON) ) ss. County of Clallam ) J '?,\-~ . """' I 'I\A 0 ()., On this ~ day of ..) v 1~ , 19::::.L/-, personally appeared before me THOMAS E. ROBINSON, to me known to be the Olympic Regional Manager of the Department of Natural Resources, state of Washington, who executed the within and foregoing instrument on behalf of the state of Washington, and acknowledged said instrument to be the free and voluntary act and deed of the state of Washington for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the official seal of the Commissioner of Public Lands for the state of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ SEALCSr~~~ ~~ ~)W~ Kathy K. orris NOTARY PUBLIC in and for the state of Washington, Residing in Clallam Co. My commission expires.~ 51-032481 3 BOOK 1.189 PAGE 254 ST ATE OF WASHINGTON ) ) ss. COUNTY OF (CLALLAM ) I certify that I know or have satisfactory evidence that [ GARY H. KEm.;rORTHY ] is the person who appeared before me, and is the [President/Secretary/Managing Partner/General Partner/ CITY ENGINEER _] of [CITY OF PORT ANGELES ] ("Tenant"). I further certify that said person acknowledged the foregoing instrument to be the free and voluntary act of the Tenant for the uses and purposes mentioned in the instrument, and on oath state that [he/she] is duly authorized to execute and acknowledge said instrument. ..1 ~tub~LdW [Pnyl1 is RRsler (Type/Print Name) Notary Public in and for the State of Washington residing at Port Angeles My Commission Expires 7/20/98 DATED: [ May 23, 1997 51-032481 4 BOOK 118 B PAGE 255 , . ~. I .. '. '10 '.- f " .~ .. ATTACHMENT 1 >f R.H WINTERS CO. INC ~ SUR VEYING & MAPPING . . 1510 Highway 101 West '. ~ Sequim,' Washington 98382. (206) 683.3363 Port Townsend: (206) 385-1225 .. - , eX "" \i \0 ~ \; .Pr LEGAL DESCRIPTION NEW OUTF AU. DlFFUSER FOR THE CITY OF PORT ANGELES An.ea8ement, 200 ft. in width, over, across, along, and undor that portion ofsubmcrged Public lands of Port Angc:lee Harbor, OMlcd by the State of Washington, tho centerline of which is more particularly described as foUows: Commencing at a poblt on the Inner Harbor Line which bean S 6M2' HI 2S6.60 ft. tram the most northerly comer of Block 1 112, Divisio.n"B" t Supp1cmentl11v1ap of Port Angeles Tidelands (East of LaureJ St.); Thence N 160)0' E, 3200 ft. to tho northeastcrty limits of the existing sewer outfall casement as described under DNR RIW app~on no. 32481 and the POINT OF BEGIN1\1JNG; Thence continuing N 16"30' E 100 ft. to the terminus of this easement '~enter1ine " "'1()(~. BOOK y,'c~..rilhGE MAR 4 /990. 2 F.; 6 w...j )- 10 ~ ~n,,~"""'''''^'' n';i(lOSrNC ./' 2OS".WISSlHG ~ " ,~'...s;..C . "/ ~ '..,.",.~. /" ~ /-"'45' [lII$n~2.')' O1snH(; ,'/~ lOS'[lCI$T'NC ./' / ~... .,....,.:':'"'~, .... -.--/ './ ~ .'.'.'....;7: ~~~5.C...,"'. D.'"',"''''''''' f) '. /~ . ... y"",,, " "",'" TO!I(...8......~ , '/ [10134113 . "'" , . ,,.., ""'''''' euOl'l~'...../ ~ 015TlNC 2r OUIr.tJ..L ~-(~ ---..."... ~~,~ DIF'USER ~ DEl AIL ffi SCAl[:'"..20' f:! -----. - - ---- l I --. ~~"'~'llrll<.'" ------ --- --......-.. --- --- "'>"- --- --- --- '. -- --------- "'."'" '" "'"'"' --- --- --- --- --- ~--- --------. -.......-- ~~ -- -- --:---- -- ~ -- i___~ .... .. --- --- --- --- ... . --- --- -\". c:o c::::J = ~ 10-'" "'"'" 0-::: (" t"', ..... -0 J:>. CJ l"Tl I.M IS II'OOtS 1 1r-'0Ql~~~"::"""''' """'" t:AllCIlTAM . ::b .,.".,,~ i\~ ('17'; ...... - -.J ~: :~{~ ~w; ~iW:" IY @!i{' \~l~ J. OUTFAll AND DIFFUSER PLAN 'El012flOO I--- : ;' .~ .~ ',--- '-...:'~'i-- : , --:'-:" .- '~"~~~':"2~~ .' ''''~N['IfU3:)l["TI,OO"ll!200~pnON ,.' ;' so: tVI [-'SOIEN' OESC ; -Ntyt 4~~ DIfFUSER 2}O' SEE DEl A/f2 CITY OF PORT ANGELES E-. .,' .,.. <.:~_H~,~"v j ~.....11'" OUTFALL DlmJSE~ REPLACEMEN~ .p~~~.~:,; ::i IT fl411: ~.' K "f;i~~;; :~~~A"~, "i o G :;/ ",,,,,",'- ~~" 9 ('<w-. , . I. A ~ NOTES: .'0 OUTJ"AUCCHlllTlOHAHOl.OCATlOHOCtrlNN[O ~~A~ ~~~:TtJl Sl./1Il"'EY,Al1o€ I 1'" cf~"~ lAT' 4,.. or :B" loNe, U' H' 00' M AQU.... nc l>>lO tLASE PLAN AND DETAIL FlGURE 2 .'.~f, :;~;"'~~"f,.\'1. OItA_~" F'2 -..-- -'-"-- <0' STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, COMMISSIONER ~. S!3 5- a - Cl7 , .------" TV OF PORT ANGELES :1 EAST FIFTH STREET o. BD X 11 50 lRT ANGELES, WA 983621150 lbject: Right of Way Agree~ent no. 51032481 10/17/1968, the Depart~ent of Natural Resources issued a right of way re&~ent to CITY OF PORT ANGELES for aJan SEWER OUTFALL c aterd at: An eese~&nt, 200 ft. in width, over, across, along, and un der r. that por.ti orl of sub~l?r'gl?d Publ ic Lands of Port Angerlers Harbor, ownerd by ther Statl? of Washington, the centerline of which is ~ore particularly described as fo 11 ow s ~ COMMerncing at a point on the Inner Harbor Line which bears S 69 degrees 22 feet E, 256.60 feet fro~ the ~ost northerly corner of Block 1 1/2, Division "8", Supple~l?ntal Map of Port Angeles Tidelands (East of Laurel St.); Thence N 16 'degr'ees 30 fE'et. E. 3200 feet. to t.he nc.r.theasterly liMits of ar'e aucHti ng thi s agree~ent arid nee-d tel kncrw: 1) if the ar.ea gr.ante-d ur.de-r. i sri 9h t of w ay i s s l i I I be i n g ut i I i z e-d for t he aut ho r i zed use-; and 2) i f TV OF PORT ANGELES owns and ~aintains the SEWER DUTFALL. ~ase check the appropriate line and retur'n this letter to the address below. 1. Do you still need this are-a for the placeMent of the SEWER ~LL? Yes ________ No ________ 2. If not., are there any iMproveMents still on the site? Yes ________ No ________ ,ntact P&r'son Na~e ~f_i'it:'~~~Phone NUMber'_~~_-:-~:fJ.1::YKOs Co 0, e~~~, . CITY OF PORT ANGELES has assigned this right of way to another )tity, WE' will n.ed to do a legal transfer of the assignMent. You will ?ed to notify us so that assign~ent dOCUMents can be- prepared. )r any qu~stions that you ~ay have, please contact your land Manager. }UATIC RESOURCES DIVISION ~11 WASHINGTON STREET SE ~YMPIA, WA 98504-7027 J60> 902-11 00 .~'.:',.~", '",,".,'--,~;.,.,: .. May 23, 1997 Department of Natural Resources Olympic Region Office: Kathy Norris 411 Tillicum Lane Forks, W A 98331 RE: Lease No. 51-032481 Our Project 95-09 Dear Ms. Norris: Enclosed are three originals of the Lease. They have been signed by the appropriate City official. We look forward to receiving a fully executed copy of the Lease after it has been approved by DNR. Very truly yours, Phyllis Rasler Administrative Assistant enc. cc: J. Pittis, PW Director G. Kenworthy, City Engr. N :IPROJECTSIARCHIVEI95-090FIDNRLEASE.P AR if.~-:;~~" - : , .. "')'''.., ' *' STATE OF WASHINGTON ZJefzalet.ed 01 ~1<_ . --'?"- ~~*...'1,l't,";!;.j;" ; C:? 53. . :~' . ~;1~}~;f~~:+ . COMM"'IONat . BERT COLE ,'-- .-'~-L I . OON LEI" ....,tlllat SUPmIYt__ BOX HS8 OLYMPIA. WASHINGTON 98501 Augus t 26, 1968 City of Port Angeles !4O West Front Street Port Anseles, washington 38362 Gent J emen: This is in conr~ction with your Application No. 32481 for an easement for right of way for Sewer outfall over harbor area and bed of Port Angels Harbor in front of Block lt, Di',ision 1r8", Supplemental Map of Port Angeles Tide lands (east of Laurel Street). We will grant this ea:ement and the charge therefor will be $320.00. If you will arrange to forward that amount, an oreer will be entered granting the eaSement. Yours very tr~ly, BERT L. COLE Commissioner of Public Lands By ;?e.~ R. C. C DALL, P.E. Assistant Supervisor Civil Engineering Division ,1- ___ 1 \ .,; ", to. J _~\' li l' 1 r. ~- RCC:ps AA\o/- 32481 cc- Port An;eI es District (' ~<I J; ,v jJd (....~'- \"'~ l...___' "--'-~ \~~~~~ .( /.:~ r -.--------.::.._~~ .,.. ""-'; .;-.; ~:,. STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES BERT L. COLE, Commissioner of Public Lands ******************* * In re: Application No. 32481 by City of Port Angeles for Right of Way for Sewer Outfall over certain * State Land in Clallam County o R D E R and CERTIFICATE OF GRANT o F RIGHT OF WAY * * ,'r * ******************* It appearing to the Commissioner of Public Lands that Application No. 32481 has been filed in this office by CITY OF PORT ANGELES for an easement for right of way for seWer outfall over the harbor area and bed of navigable waters in front of a portion of Block It. Division "8", Supplemental Map of Port Angeles Tide Lands (east of Laurel Street). located in the City of Port Angeles near Ennis Creek Waterw~y in northeastern Clallam County; and It further appearing that the applicant is pr~pcsing to construct over said land Covered by said application a sewer outfall; that the land within the rigr.t of way so applied for is limited to an amount neCe5S~ry for the purpose required. together with sufficient land on either side thereof for ingress and egress to maintain and repair the same; and It further appe~r;ng that there is no merchantable timber on the area covered by said application; that the land required for the right of way has a value of $320.00; and the Commissioner being fully advised and believi..g that an eaSement for right of way should be granted, it is therefore ORDERED and DETERMINED that the full value of the land included in said Application No. 32481 be and the same is hereby fixed at $320.00; that the total Q~unt has been paid; and the right, power, privilege and authority to construct, operate and maintain a sewer outfall upon and Over the land hereinafter described may be exercised in accordance with the provisions of Chapter 73, Session Laws of 1961; the land incl~ded within s~id right of way being more particularly described as follows: ihd~ portion of the harbor area, lying in front of Block It. Division liB". Si.ppl elllenla I Map i)f Port l\nfJelcs Tidc Lands (ca5t of Lilll"':-' ~.lrc~t) "/lU tile hcd ul ;'un 1\I'~clu:. Iltlrour, uwlled oy tho State of Washington. included within the limits of a strip 200 feet in width, having 100 feet of such width on each side of the fOllowing described centerline: Beginning at a point on the inner harbor line which is S 690 22' E 256.60 feet from the r.~st northerly corner of said Block It. Oivision "BIl and run~ing thence N 160 30' E 3,200.00 feet, more or less, to the terminal point of this centerl ine description, having an area of 14.69 acres as shown on the plat thereof on file in the office of the Commissioner of Public Lands at Olympia, Washington. PROVIDED, however, that should the City of Port Angeles ever abandon the use of the right of way for the purpose for which it was granted the right of way shall revert to the State of Washington or its grantee. ~ Dated this /7- day of ri i (,.L~~. , A. D., 1968. STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES (J / (I By- /;(.~,J li1Jv. -BERT L. COLE Commissioner of Public Lands sa1 App. No. 32481