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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. 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