Approving Administrative Agreement for the acquisition of additional right of way for Hwy 603 BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
In the Matter of: }
Approving an administrative agreement between } Resolution No. 6-
Lewis County and Roy E. and Sara E. Fenstermaker for }
the acquisition of additional right of way for Hwy 603 }
and authorizing signatures thereon }
WHEREAS, Resolution 14-066, passed by the Board of County Commissioners (BOCC) on February
24, 2014, instructed the County Engineer to acquire right of way for the Highway 603 Stabilization Project; and
WHEREAS, the County made an offer to property owners, Roy E. and Sara E. Fenstermaker (Property
Owner), dated July 24, 2014, agreeing to pay $2,400.00 for 0.23 acre of land for right of way for the project; and
WHEREAS, during negotiations the Property Owner expressed concerns regarding removal of trees for a
proposed stormwater pond potentially increasing railroad noise at their home as well as their perceived
unattractiveness of the proposed pond; and
WHEREAS, an open road drainage ditch as planned will be closer to the Property Owner's home and is
perceived as a nuisance by the Property Owner, and to resolve those concerns they are willing to participate in
additional costs to pipe the drainage; and
WHEREAS, to address concerns of the Property Owner, the County agrees to install a hedge, and pipe
the drainage in front of their home with some participation in costs from the Property Owner; and
WHEREAS, as part of the project the County agrees to remove a grove of fir trees on Property Owner's
land adjacent to the right of way; and
WHEREAS, the road construction project is scheduled for 2016 which leaves little time for continued
negotiation.
NOW THEREFORE, BE IT HEREBY RESOLVED that to resolve the matter and conclude negotiations
the Agreement between Roy E. and Sara E. Fenstermaker and Lewis County is hereby approved and the BOCC
is authorized to sign the same.
DONE IN OPEN SESSION this 7th day of December, 2015.
APPROVED AS TO FORM:
Jonathan L. Mey- , Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS
®••••® LEWIS COUNTY W• SHINGTON
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By: _ .w« !! ,� 1• S 9f,\ •, Edna . 'u R s d, r r /
leputy Prosecuting Attorneys I j-, 0 17 p /
ATT ST: `'=,c1., ? J� s'`. '.' . Schulte, Vice hair i---
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am Muir, CMC, Clerk of the Lewis Gary Stamper,5 ommispioner
County Board of County Commissioners
ROAD CONSTRUCTION AGREEMENT
County Road Project No.: 2144 Parcel No. 015399 002 000
Project Name Hwy 603 Stabilization Project 015399 006 000
Project Area Winlock,Washington 015398 002 001
IN THE MATTER OF: An administrative settlement of negotiations between the parties hereto pertaining
to right of way acquisition for the Highway 603 Stabilization Project.
THIS AGREEMENT, by and between ROY E. FENSTERMAKER AND SARA E.
FENSTERMAKER, husband and wife, herein referred to as "Property Owner" and LEWIS COUNTY, a
political subdivision of the State of Washington,herein referred to as"County"
WITNES SETH:
WHEREAS, the County made an offer to the Property Owner dated July 24, 2014, agreeing to pay
$2,400.00 for 0.23 acre of land for right of way for the Highway 603 Stabilization Project,and
WHEREAS,the Property Owner has expressed a concern that the installation of a storm water pond
on his property will be visually unappealing and the removal of trees will lessen the buffer between their
home and the BNSF railroad thereby potentially increasing noise,and
WHEREAS, the County has considered options for the pond location, but topography restricts
movement of the pond from its current proposed location,and
WHEREAS, to mitigate the above visual and noise nuisances the Property Owner has requested
that the County install a hedge on their property west of the road and plant trees near the pond on the east
side of the road,and
WHEREAS,the Property Owner is very concerned that the drainage ditch,although within existing
county right of way,will be moving approximately fifteen(15)feet closer to his residence and has requested
that the drainage be piped between his two southerly driveways,and
WHEREAS, an Engineer's Estimate of cost for the installation of a pipe in this area is
approximately$3,100.00,and
WHEREAS,piping the drainage in this area is primarily for the benefit of the Property Owner, and
not a cost that should be fully funded by the County as part of the project,and
WHEREAS, the Property Owner has agreed to donate one half of the $2,400.00 compensation for
land towards the cost of installation of the drainage pipe,and
WHEREAS, in consideration of the Property Owner's donation, the County agrees to install the
pipe as part of the project,and
WHEREAS,as part of this project,the County will be removing a grove of fir trees near Engineer's
Station 703+50. Approximately three of the fir trees in the grove are on the Property Owner's adjacent land
and the Property Owner would like these trees together with stumps removed. Trees to be left on Property
Owner's adjacent land,provided,however,that any trees left on Property Owners'property by County shall
have all limbs removed and shall be nothing more than bare logs. The County shall ensure that no debris or
brush relative to the tree removal is left on Property Owners' property.and
NOW THEREFORE, to resolve this matter, and conclude negotiations the parties hereto, each in
consideration of the covenants herein contained and in performance thereof on the part of the other, do
hereby agree to the following terms and conditions:
(1) Property Owner hereby agrees to convey to the County, free and clear of all encumbrances
not shown on the attached deed furnished by County, title in and to parcels of land lying east
and west of Highway 603 in the Northwest Quarter of the Northeast Quarter(NW1/4 NE1/4)of
Section 28,Township 12 North,Range 2 West,W.M.,being more particularly described in said
deed. The Property Owner agrees to accept $1,200.00 payment for the land. The Property
owner accepts this payment with full knowledge that they are donating one half of the
$2,400.00 previously offered just compensation that they are entitled to receive.
(2) County agrees to as part of its road construction project plant a hedge of arborvitae shrubs
not less than eight feet in height spaced approximately 3 feet apart on Property Owner's land
adjacent to the west right of way line between Engineer's Stations 703+30 and 704+20 and
704+50 and 705+25 for purposes of railroad noise mitigation due to loss of trees for pond
construction east of the road.
(3) County agrees to plant fir trees along the back slope of the access road on the east side
of the pond, spaced approximately 10 feet apart.
(4) County will provide three (3) driveway approaches to the reconstructed county road at the
present approach locations near Engineer's Stations 704+30, 703+15, and 702+80 (right of
centerline).
(5) County Engineer agrees to recommend to the Board of County Commissioners that any road
right of way on the west side of Highway 603 not required for the current road project be
vacated and that all administrative fees and publication costs be waived.
(6) County will enclose drainage within a pipe between driveways located at Engineer's
Stations 703+15 and 704+35, an approximate depiction of the covered drain pipe is attached to
this Agreement and incorporated by this reference as Exhibit A.
(7) County will remove three fir trees on Property Owner's land adjacent to the road right of
way near Engineer's Station 703+50. Stumps will be removed. Limbs to be removed from trees
and disposed of by County. Trees to be left on Property Owner's land. Any trees left on
Property Owners' property by County shall have all limbs removed and shall be nothing more
than bare logs. The County shall ensure that no debris or brush relative to the tree removal is
left on Property Owners' property. At least seven (7) days prior to the County's removal of
these trees,the County shall inform the Property Owners of the contractor the County has hired
to remove the trees so that the Property Owner may contact said contractor and hire the
contractor, at Property Owners' expense, to remove other trees on the Property Owners'
property.
(8) The County will reimburse up to $750.00 of Property Owner's evaluation costs upon
submission of the bills or paid receipts. Services provided by an attorney, surveyor or other
professional,to assist in the evaluation of this offer will generally qualify.
(9) County agrees to stay current with required maintenance to the pond east of Highway
603 across from the Property Owner's land including but not limited to removal of
sediment by re-excavating to depth as constructed.
(10) Property Owner shall not be responsible for providing title insurance on the property to be
conveyed to the County.
(11) County will pay all reasonable filing, recording and processing fees, if any, incurred by
Property Owner incidental to above said grant to County upon presentation of invoice,bills, or
paid receipts.
(12) County shall withdraw its motion for summary judgment in Lewis County Case Number
15-2-01024-21,along with any and all pending motions,without costs or fees to either party. The
parties shall sign and submit to the Court a stipulated motion to dismiss Lewis County Superior
Court Cause Number 15-2-01024-21, without costs or fees to either party. Said dismissal shall
not affect Property Owners' reimbursement from the County for professional evaluation costs as
set forth in Paragraph 8 above. c;e.
Dated this day ofer,2015.
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY,WASHINGTON
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Roy E.Fenstermaker Edna J.Fund, if.
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Sara E.Fenstermak- P. . Sc-hure,Vice C air
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Tim Elsa. Gary St. per, smmissioner
Public orks Director/County Engineer
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Executive Summary
BOCC Meeting Date:
2015-12-07
Contact:
Tim Elsea
Department:
Public Works
Wording
Approving an administrative agreement between Lewis County and Roy E. and Sara E. Fenstermaker
for the acquisition of additional right of way for Hwy 603 and authorizing signatures thereon
Description
Resolution 14-066, passed by the Board of County Commissioners (BOCC) on February 24, 2014,
instructed the County Engineer to acquire right of way for the Highway 603 Stabilization Project. The
County made an offer to property owners, Roy E. and Sara E. Fenstermaker (Property Owner), dated
July 24, 2014, agreeing to pay $2,400.00 for 0.23 acre of land for the project. During negotiations the
Property Owner expressed concerns regarding removal of trees for the stormwater pond potentially
increasing railroad noise at their home as well as their perceived unattractiveness of the pond.
Furthermore, an open drainage ditch will be closer to the Property Owner's home and is perceived by
them as a nuisance and to resolve those concerns they are willing to participate in additional costs to
pipe the drainage. To resolve concerns of the Property Owner, the County agrees to install a hedge
and pipe the drainage with some participation from the Property Owner. Additionally as part of the
project the County would remove a grove of trees on the Property Owner's land adjacent to the right
of way. The Property Owner has signed the agreement which is acceptable to the Public Works
Department. Approval and execution by the BOCC will conclude this acquisition.
Recommendation
Approve resolution
Other
BOCC AGENDA ITEM SUMMARY
Resolution #: 15-; SF BOCC Meeting Date: Dec 07, 2015
Suggested Wording for Agenda Item: Agenda Type: Consent
Approving an administrative agreement between Lewis County and Roy E. and Sara E. Fenstermaker for the
acquisition of additional right of way for Hwy 603 and authorizing signatures thereon
Brief Reason for BOCC Action:
This resolution would approve an administrative agreement between Lewis County and Roy E. and Sara E.
Fenstermaker.
Submitted By: Albert, Kelly Phone: 2697 a W
Date Submitted: Nov 23, 2015
Contact Person Who Will Attend BOCC Meeting: Tim Elsea , > 2f.5
Action Needed: Approve Resolution
LEVIPS
Publication Requirements:
Hearing Date:
Publications:
Publication Dates:
Additional Copies
Larry Unzelman
Kim Amrine
Kelly Albert