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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" „Hi i r