HomeMy WebLinkAbout5.361 Original ContractThis Addendum is the First Addendum to the Agreement To Use Landfill Roadways For Access
entered into between De Chantal Irrevocable Charitable Trust, and the City of Port Angeles, on
November 22, 1994.
Paragraph 3, The expiration date shall be changed from December 1, 1995, to June 30, 1997.
All other terms and conditions of the original signed agreement shall remain as written.
OF PORT ANGELES
SPER OSTROWSKI
MAYOR
ADDENDUM NO. 1
December 11, 1996
DE CHANTAL IRREVOCABLE
CHARITABLE TRUST
ALAIN DE CHANTAL
TRUSTEE
5, &ol
OK
s\W
AGREEMENT TO USE LANDFILL ROADWAYS FOR ACCESS
THIS AGREEMENT, by and between DE CHANTAL IRREVOCABLE CHARITABLE
TRUST, dated March 30, 1990, (hereinafter "de Chantal and the CITY OF PORT ANGELES,
(hereinafter "City is made in light of the following facts:
A. The City of Port Angeles operates a landfill on property owned by it and legally
described as follows:
All of Government Lot 5 in Section 36, Township 31 North, Range 7 West, W.M.
Contains this and other property.
B. De Chantal owns property lying west of and contiguous with the property described in
Paragraph A, above. The de Chantal property is described as follows:
Lot 17 as shown on the face of the Survey filed under Clallam County Auditor's
File No. 651053, being a survey of Government Lot 3, in Section 35 and
Government Lot 1 and the Southwest Quarter of the Southwest Quarter in Section
36, Township 31 North, Range 7 West, W.M., Clallam County, Washington.
Contains this and other property.
5. &o
C. De Chantal requires access to the property described in Paragraph B, above, for
purposes of a commercial thinning operation to be conducted on or about November and
December, 1994, and desires to reach agreement on access for that purpose.
D. The City and de Chantal have been unable to complete research with regard to an
easement or the location of an easement and, accordingly, have been unable to reach final
agreement on the scope of de Chantal's perpetual easement rights, if any. The parties desire to
reach an agreement at this time on interim use for the foregoing commercial thinning process.
NOW, THEREFORE, in consideration of the mutual benefit of the parties, and to
compromise potential disputes and litigation, it is hereby agreed:
1. The City grants a license to de Chantal to utilize the existing landfill roadways to serve
the area depicted on the map attached to this Agreement as Exhibit A for purposes of conducting
a commercial thinning operation on the properties described in Paragraph B, above, and hauling
timber harvested as part of that thinning operation. When utilizing this license, de Chantal agrees:
(1) only existing roadways will be used; (2) normal landfill operations will not be interrupted; and
(3) timber hauling will take place only during normal landfill operating hours. De Chantal further
agrees to hold the City harmless and indemnify the City for any and all claims arising out of any
negligence in the hauling of said timber.
2. The parties agree that the execution of this Agreement shall not in any way impair or
limit their respective legal rights with regard to the existence, location or scope of any other rights
of access which de Chantal may possess to cross the properties described in Paragraph A, above,
to access his properties described in Paragraph B, above. Any disputes with regard to such
matters shall be resolved at a later date.
3. This license shall expire on December 1, 1995.
DATED this f '7tday of Al AD ffal(2,2t2___, 1994.
DE CHANTAL IRREVOCABLE
CHARITABLE TRUST, Dated
March 30, 1990
Main de Chantal, Trustee
CITY OF PORT ANGELES
c4A-At-e-C4.4
or
City Clerk y
STATE OF WASHINGTON
ss.
COUNTY OF CLALLAM
On this 14, day of WA a._ 1 1994, before me, the undersigned, a
notary public in and for the state of Washington, duly commissioned and sworn, personally
appeared Joan K. Sargent and Becky Upton, to me known to be the Mayor and the City Clerk,
t
respectively, of the City of Port Angeles, the municipal corporation that executed the foregoing
instrument, and acknowledged the 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 they are
authorized to execute the said instrument, and that the seal affixed, if any, is the corporate seal of
said corporation.
WITNESS my hand and official seal hereto affixed the day and year first above written.
STATE OF WASHINGTON
ss.
COUNTY OF CLALLAM
On this day of krL 1994, before me ALAIN DE CHANTAL,
to me known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this o day of Al 0 1994.
Disk [94 -7] deChant agr
3
��►►►tu[usiiii„
.0 �GicA AASLE
Nota 'ublic in and for the;c�f
p Ft Y
Washington. My conunissianirs'§
7/x/9 a A. 7 1.�.� o
4 re or �i�uim�n+
Nofary Publ'c n and for the State of
Washington. My commission expires
(�''Zs5
2 St
0 S-
0
1
40
e0
7
0
9
54(o
AC.
g 79 �4 4 84
S 32° 00
9
5.10
9j
13
N8800105 W
N88 01'05 W
'.l5
5:10 AC
979
T 1
N6
,<N
v
30-
N88 °0/'05 "W 1055 t
x
5./9 C. t
4
x
O 8/
V.' o
N 1
Q
k
4ZO
/08 7 D.
4
AC. t
Tvc
0
SOUTH LINE OF THE W %2
SW 1 /4 SECTION 3
d�
ch A 4
(v
d
/D
v•
AO
283 p,dt
269. 36
F OR SECT1oN SUBDIVISiON
VOLUME
INFORMAT/O SEE
l3 OF SURVEYS, PAGE taro
AND VOLUME OF SURVEY'S,
PAGE 64
h1crrE'
-T HT V� ANR`C
crs.r.r-re-tz2. DRY-CREEK
}1
i
i
g6'03' E 13
FOLM L 4W 1TN
p!
MTER- GIT�I
OF p� see. d... co