Approve County Road Easement No. 50-092552 with DNR and authorizing signatures thereon. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-344
APPROVING COUNTY ROAD EASEMENT NO.
50-092552 BETWEEN LEWIS COUNTY AND DNR
AND AUTHORIZING SIGNATURES THEREON
WHEREAS, County Road Easement No. 50-092552 between Lewis County and the
State of Washington through the Department of Natural Resources (DNR) is for
the sole purpose of construction, operation, use and maintenance of a public road
over and across portions of Section 16, Township 12 North, Range 2 East; and
WHEREAS, the parties, Lewis County and DNR, wish to enter into this easement
agreement in order to operate, use and maintain a public right of way; and
WHEREAS, this easement is perpetual unless vacated as provided by law; and
WHEREAS, the Director and County Engineer have reviewed the County Road
Easement (attached as Exhibit A) and recommend that the Board of County
Commissioners (BOCC) authorizes execution of the easement.
NOW THEREFORE BE IT RESOLVED that the BOCC has determined executing
the County Road Easement with DNR to be in the best public interest and the
BOCC is hereby authorized to sign the same.
DONE IN OPEN SESSION this 14th day of September, 2021.
Page 1 of 2 Res. 21-344
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Absent
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
�Nrv,
ATTEST: �y�° ��FASy. Lindsey R. Pollock, DVM
Lfridsey R. Pollock, DVM, Vice Chair
: C C 2
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•1'2,2) S /e•
Rieva Lester '9rcoM ,.`p` Sean D. Swope
----
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-344
DNR Easement 50-092552 Area Map
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Easement Area
When recorded return to:
Department of Natural Resources
Pacific Cascade Region
Attn:Wayde Schaible
601 Bond Rd
P.O.Box 280
Castle Rock WA 98611
40,0tN61pN
- N` WASHINGTON STATE DEPARTMENT OF
f111TURAL RESOURCES
HILARY S. FRANZ I COMMISSIONER OF PUBLIC LANDS
°F NATUi"
COUNTY ROAD EASEMENT
Grantor(s): State Of Washington Department of Natural Resources
Grantee(s):Lewis County
Legal Description: SW1/4NE1/4SE1/4 of Sec 16 T12N RO2E
Assessor's Property Tax Parcel or Account Number:028605001007
DNR Easement No.50-092552
This Easement is between LEWIS COUNTY, a political subdivision of the State of
Washington herein called "Grantee" and the STATE OF WASHINGTON, acting by and
through the Department of Natural Resources, herein called "State" dated as of
_ "Effective Date".
Conveyance. State for and in consideration of the terms and conditions specified herein,
hereby grants and conveys to the Grantee:
A non-exclusive easement in gross for the sole purpose of construction, operation,use, and
maintenance of a public road over and across portions of SW 1/4 NE 1/4 SE 1/4 Section 16,
Township 12 North, Range 02 East, W.M. Lewis County, legally described as set forth in
Exhibit A(hereafter Burdened Parcel) located approximately as set forth in Exhibit B and
more specifically described on that Record of Survey recorded in Lewis County, Washington
on June 16th,2016 under Auditor File Number 3449092 (hereinafter Easement Area), and by
this reference made a part hereof.
State hereby conveys to Grantee timber currently growing within the Easement Area as set
forth in Exhibit A, and authorizes the removal of such timber as necessary to construct or
reconstruct road(s). Any timber conveyed under this Easement that is not removed within
five(5) years from the date of this Easement or the date of authorization by State, whichever
is later,shall be deemed forfeited and become the property of State. All other timber located
within the Easement Area and timber subsequently grown within the Easement Area shall
belong to State and shall not be removed without prior approval of State and without full
compensation to State for the value of timber removed.
Consideration. The consideration paid by the Grantee to State is as follows: ELEVEN
THOUSAND NINE HUNDRED NINETY TWO and 00/100 Dollars($11,992.00).
Term. The term of this Easement shall be perpetual unless vacated as provided by law.
Assignment. Neither this Easement,nor any of the rights granted herein,shall be assigned
without prior written consent of State.
Compliance with Laws. Grantee shall, at its own expense,conform to all applicable laws,
regulations,permits,or requirements of any public authority affecting the Easement Area and
the use thereof. Upon request, Grantee shall supply State with copies of permits or orders.
Export Restrictions. Any export restricted timber originating from state land under this
Easement shall not be exported until processed. Grantee shall comply with all applicable
requirements of WAC 240-15-015 (relating to the prohibitions on export and substitution),
WAC 240-15-025 (relating to reporting requirements), and WAC 240-15-030(relating to
enforcement). All export restricted timber from state lands shall be painted and branded in
compliance with WAC 240-15-030(2). If Grantee knowingly violates any of the prohibitions
in WAC 240-15-015,Grantee shall be barred from bidding on or purchasing export restricted
timber as provided. Grantee shall comply with the Export Administration Act of 1979(50
U.S.C. App. Subsection 2406(i))which prohibits the export of unprocessed western cedar
logs harvested from state lands.
Compliance with Habitat Conservation PIan. The Easement Area is located within an area
that is subject to the State's Habitat Conservation Plan adopted in connection with Incidental
Take Permit No.PRT-812521 as supplemented by Permit No. 1168(collectively"ITP"). As
long as the Habitat Conservation Plan remains in effect, Grantee and all contractors,
subcontractors, invitees, agents, employees,licensees,or permittees acting under Grantee
shall comply with the terms and conditions set forth in Exhibit C while operating on the
Easement Area.
Indemnity. Grantee shall indemnify,defend with counsel acceptable to State,and hold
harmless State, its employees,officers,and agents from any and all liability,damages,
expenses,causes of action,suits, claims, costs, fees(including attorney's fees),penalties,or
judgments, of any nature whatsoever, arising out of the use,occupation,or control of the
Easement Area by Grantee, its contractors, subcontractors,invitees, agents, employees,
licensees,or permittees,including but not limited to the use,storage, generation,processing,
transportation,handling, disposal,release,or threatened release of any hazardous substance or
materials. To the extent that RCW 4.24.115 applies,Grantee shall not be required to
indemnify State from State's sole or concurrent negligence. This indemnification shall
survive the expiration or termination of the Easement. Grantee waives its immunity under
Title 51 RCW and under RCW 36.75.300 to the extent required to indemnify State.
Insurance. Before using any of said rights granted herein and at its own expense, the Grantee
shall obtain and keep in force during the term of this Easement and require its contractors,
sub-contractors,or other permittees to obtain while operating on the Easement Area,the
following liability insurance policies, insuring Grantee against liability arising out of its
operations, including use of vehicles. Failure to buy and maintain the required insurance may
result in the termination of the Easement at State's option. The limits of insurance, which may
be increased by State, as deemed necessary, shall not be less than as follows:
(a) Commercial General Liability(CGL) insurance with a limit of not less than
$1,000,000 per each occurrence. If such CGL insurance contains aggregate
limits,the general aggregate limits shall be at least twice the"each occurrence"
limit, and the products-completed operations aggregate limit shall be at least
twice the "each occurrence" limit.
(b) Employer's liability("Stop Gap") insurance, and if necessary, commercial
umbrella liability insurance with limits not less than $1,000,000 each accident
for bodily injury by accident or$1,000,000 each employee for bodily injury by
disease.
(c) Business Auto Policy(BAP) insurance, and if necessary, commercial umbrella
liability insurance with a limit of not less than$1,000,000 per accident,with
such insurance covering liability arising out of"Any Auto". Business auto
coverage shall be written on ISO form CA 00 01, or substitute liability form
providing equivalent coverage. If necessary the policy shall be endorsed to
provide contractual liability coverage and cover a"covered pollution cost or
expense"as provided in the 1990 or later versions of CA 00 01. Grantee
waives all rights against State for the recovery of damages to the extent they
are covered by business auto liability or commercial umbrella liability
insurance.
(d) Grantee shall comply with all State of Washington workers' compensation
statutes and regulations. Workers' compensation coverage shall be provided
for all employees of Grantee and employees of any contractors, sub-contractors
or other permittees. Except as prohibited by law, Grantee(s)waives all rights
of subrogation against State for recovery of damages to the extent they are
covered by workers compensation, employer's liability, commercial general
liability or commercial umbrella liability insurance.
All insurance must be purchased on an occurrence basis and should be issued by companies
admitted to do business within the State of Washington and have a rating of A-or better in the
most recently published edition of Best's Reports. Any exception shall be reviewed and
approved in advance by the Risk Manager for the Department of Natural Resources. If an
insurer is not admitted, all insurance policies and procedures for issuing the insurance policies
must comply with Chapter 48.15 RCW and Chapter 284-15 WAC.
The State of Washington, Department of Natural Resources, its elected and appointed
officials, agents and employees shall be named as an additional insured on all general
liability, excess, and umbrella insurance policies.
Before using any said rights granted herein, Grantee shall furnish State with a certificate(s)of
insurance, executed by a duly authorized representative of each insurer, showing compliance
with the insurance requirements specified above. Certificate(s)must reference State's
easement number.
State shall be provided written notice before cancellation or non-renewal of any insurance
referred to herein, as prescribed in statute(Chapter 48.18 RCW or Chapter 48.15 RCW).
Grantee shall include all contractors, sub-contractors and other penmittees as insureds under
all required insurance policies, or shall furnish separate certificates of insurance and
endorsements for each. Contractors,sub-contractors and other permittees must comply with
all insurance requirements stated herein. Failure of contractors, sub-contractors and other
permittees to comply with insurance requirements does not limit Grantee's liability or
responsibility.
All insurance provided in compliance with this Easement shall be primary as to any other
insurance or self-insurance programs afforded to or maintained by State. Grantee waives all
rights against State for recovery of damages to the extent these damages are covered by
general liability or umbrella insurance maintained pursuant to this Easement.
By requiring insurance herein, State does not represent that coverage and limits will be
adequate to protect Grantee, and such coverage and limits shall not limit Grantee's liability
under the indemnities and reimbursements granted to State in this Easement.
If Grantee is self-insured, evidence of its status as a self-insured entity shall be provided to
State. If requested by State, Grantee must describe its financial condition and the self-insured
funding mechanism.
Waste. Grantee shall not cause or permit any filling activity to occur in or on the Easement
Area, except as approved by State. Grantee shall not deposit refuse, garbage, or other waste
matter or use, store, generate,process,transport, handle,release, or dispose of any hazardous
substance, or other pollutants in or on the Easement Area except in accordance with all
applicable laws.
The term hazardous substance means any substance or material as those terms are now or are
hereafter defined or regulated under any federal, state, or local law including but not limited
to the Comprehensive Environmental Response, Compensation and Liability Act(CERCLA
42 USC 9601 et seq.) as administered by the US Environmental Protection Agency, or the
Washington Model Toxic Control Act(MTCA RCW 70.105D) as administered by the State
Dept. of Ecology.
Grantee shall immediately assume responsibility for a hazardous substance release(spill)
caused by Grantee or its Permittees on or adjoining the Easement Area.
As responsible party, Grantee shall:
(a) Immediately notify all necessary emergency response agencies, as required
under federal, state and local laws,regulations, or policies.
(b) Following emergency response agency notifications,notify State(Dept. of
Natural Resources)of all spill releases and Grantee actions completed for spill
reporting and actions planned or completed toward spill cleanup. State
notification requirements are"same business day"notification for normal state
work days and"next available business day"notification for weekends and
holidays.
(c) At Grantees sole expense, conduct all actions necessary to mitigate the spill
release. Mitigation response actions may include,but are not necessarily
limited to, initial release containment, follow-up site cleanup and monitoring
actions, and continued contact and coordination with regulators and State, as
defined under the aforementioned laws, regulations,policies and this
agreement.
(d) Other than performing initial emergency response cleanup/containment
actions;obtain approvals in advance of all site cleanup actions(e.g. site
characterization investigations, feasibility studies, site cleanup and
confirmation sampling, and groundwater monitoring) conducted on State
lands, in coordination with regulatory agencies and State.
(e) Obtain and understand all necessary hazardous substance spill release
notification and response mitigation requirements, in advance of conducting
Grantee operations on State land.
Survey Markers. Grantee shall not destroy any land survey comer monuments and/or
reference points (including but not limited to corner markers,witness objects,or line markers)
without prior written approval from State, which shall not be unreasonably withheld.
Monuments or reference points that must necessarily be disturbed or destroyed during road
construction or maintenance activities must be adequately referenced and replaced, at the
Grantee's cost, under the direction of a State of Washington Professional Land Surveyor,in
accordance with all applicable laws of the State of Washington in force at the time of
construction, including but not limited to RCW 58.24, and all Department of Natural
Resources regulations pertaining to preservation of such monuments and reference points.
Operational Restrictions. Site-specific operational requirements are listed in Exhibit D.
Non-compliance with these requirements shall constitute a breach of the Easement and may
result in State suspending operations until the breach is remedied.
Construction/Reconstruction. Sixty(60) days prior to any construction or reconstruction by
Grantee on the Easement Area, Grantee shall submit a written plan of construction to State
outlining the construction or activity for State's approval, which shall not be unreasonably
withheld. In the event of an emergency requiring immediate action to protect person or
property, Grantee may take reasonable corrective action without prior notice to State. All
construction or reconstruction shall comply with applicable state or local laws.
Maintenance,Repair, and Improvements. Grantee shall have sole responsibility for the
maintenance, repair and improvement of the road to county road standards.
Weed Control/Pesticides. The Grantee shall control at its own cost, all noxious weeds on
any portion of the Easement Area herein granted. Such weed control shall comply with
county noxious weed control board rules and regulations established under the Uniform
Noxious Weed Control Statute(Chapter 17.10 RCW). The Grantee shall be responsible for,
or shall immediately reimburse State any weed control cost incurred as a result of the
Grantee's failure to control weeds on the Easement Area.
All ground methods of chemical weed control shall be reported to State at the region office
within 30 days after the weed control activities.
For forest lands,including R/W's on forest land use: Grantee shall submit a completed
Forest Practices Application for the chemical application and a copy of any required
environmental review conducted under the State Environmental Policy, with the request for
approval.
For lands in the HCP: Approval to apply aerial pesticides may be conditioned upon the
HCP.
Notice. Any notices or submittals required or permitted under this Easement may be
delivered personally, sent by facsimile machine or mailed first class,return receipt requested,
to the following addresses or to such other place as the parties hereafter direct. Notice will be
deemed given upon delivery, confirmation of facsimile,or three days after being mailed,
whichever is applicable.
To State: To Grantee:
Department of Natural Resources Lewis County Public Works
Pacific Cascade Region 2025 NE Kresky Ave.
Attn:ROW Staff Chehalis,WA 98532
P.O.Box 280 Phone: 360-740-1123
Castle Rock,WA 98611
Phone: 360-577-2025
Recording. Grantee shall record this Easement in the county in which the Easement Property
is located, at Grantee's sole expense. Grantee shall provide State with a copy of the recorded
Easement. Grantee shall have thirty(30)days from the date of delivery of the final executed
agreement to comply with the requirements of this section. If Grantee fails to record this
Easement, State may record it and Grantee shall pay the costs of recording, including interest,
upon State's demand.
Danger Tree Removal. Individual trees located within the danger tree zones outside of the
Easement Area and within the Easement Area which shall be dangerous to the operation and
maintenance of the public road in the Easement Area,may be removed subject to the
following:
1. Grantee shall mark the trees.
2. Grantee shall timber cruise the trees.
3. Grantee shall notify DNR in writing of their request to remove the danger trees
and include the cruise and a map showing the location of the trees.
4. State will determine the fair market value of the trees it authorizes to be
removed.
5. State will approve the removal of danger trees contingent upon payment in full
by Grantee prior to removal.
In the event of an emergency requiring immediate action to protect person or property,
Grantee shall:
1. Fall and/or remove the necessary danger tree(s)without advance authorization
from State.
2. Cruise the felled and/or removed tree(s).
3. Grantee shall notify State in writing of the tree(s) felled and/or removed and
include a map of the location and a cruise within fourteen(14)days after
felling.
4. DNR will determine the fair market value of the tree(s) felled and/or removed
and bill the Grantee.
5. Grantee shall pay for the tree(s) within thirty(30) days of receipt of the billing
notice.
Abandonment. In the event any portion of the road is abandoned,the Grantee shall take the
necessary legal action to vacate such portions and shall immediately restore the land within all
vacated portions to natural conditions as may be directed by State. In restoring the land, all
asphalt shall be removed from the vacated portion; the asphalt shall not be deposited on the
adjacent State land. In addition, the land surface shall be scarified to blend with the adjoining
landscape.
Noncompliance. State shall notify the Grantee of any instance of noncompliance by the
Grantee,its contractors, subcontractors, invitees, agents, employees,licensees,or permittees
with any of the terms and conditions hereof. Such notice will specifically identify the manner
of noncompliance herewith.
In the event the Grantee does not undertake, or cause to be undertaken, remedial action within
fifteen(15)days following receipt of said notice, State,acting by and through its Region
Manager at Castle Rock, Washington,may suspend the Grantee's operations until such time
as effective remedial action is taken.
Construction. The terms of this Easement shall be given their ordinary meaning unless
defined herein and shall not be presumed construed against the drafter.
Effective Date. The Effective Date of this Easement shall be the date on which the last party
executes this Easement. The Effective Date will be inserted on the first page of the Easement
when such date is determined.
Exhibits. All exhibits referenced in this Easement are incorporated as part of the Easement.
Headings. The headings in this Easement are for convenience only and are not intended to,
and shall not be construed to, limit, enlarge, or affect the scope or intent of this Easement nor
the meaning of any of its provisions.
Modification. Any modification of the Easement must be in writing and signed by the
parties. State shall not be bound by any oral representations or statements.
Non-waiver. The waiver by State of any breach or the failure of State to require strict
compliance with any term herein shall not be deemed a waiver of any subsequent breach.
Severability. If any provision of this Easement shall be held invalid, it shall not affect the
validity of any other provision herein.
IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, as
of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
Dated: / 017 , 2021. By:
Swop , Commissioner
Address: 351 NW North, Chehalis
Phone: 360-740-1120
Dated: , 2021. By: C ai
Gary Stamper, Chair
Address: 351 NW North, Chehalis
Phone: 360-740-1120
Dated: • �' , 2021. By: /4/ 3/J!//11
Lindsey IL. Pollock, Vice Chair
Address: 351 NW North, Chehalis
Phone: 360-740-1120
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: , 2021. By:
Angus Brodie
Deputy Supervisor for State Uplands
P.O. Box 7000
1111 Washington Street SE
Olympia WA 98504-7000
360-901-1000
Approved as to form
October 18,2002
by Mike Rollinger
Assistant Attorney General
for the State of Washington
Approved as to form
by
for Lewis County,Washington
REPRESENTATIVE ACKNOWLEDGMENT
State of Washington
County of Lewis
I certify that I know or have satisfactory evidence that Lindsey R. Pollock is the individual
who appeared before me, and said individual acknowledged that they signed this instrument,
on oath stated that they were authorized to execute the instrument and acknowledged it as the
VICE CHAIR of the Board of County Commissioners of Lewis County to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: Jtr t. d' 7 dU 4'/
(Signature)
(Seal or stamp)
gi eva
(Print Name)
o°`�0J, LEST
••2i2soo••F'P Notary Public in/ and/ for the State of Washington,
Wm-I.e./cc t ec4, ��spt '1JL_-?
residing at (J
NOTAIgy
••- .• = My appointment expires of-of-
N y •
PUBLIC '2
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REPRESENTATIVE ACKNOWLEDGMENT
State of Washington
County of Lewis
I certify that I know or have satisfactory evidence that Sean Swope is the individual who
appeared before me, and said individual acknowledged that they signed this instrument, on
oath stated that they were authorized to execute the instrument and acknowledged it as the
COMMISSIONER of the Board of County Commissioners of Lewis County to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: Jeri. 7, 2'f
(Signature)
(Seal or stamp)
„111111,,,,,,, (Print Name)
Notary Public in and for the State of Washington,
residing at ttLA.4 i
NOTARY
PUBLIC j My appointment expires O?-Dd'"
OF WASW.0%%
,,,,,,,111111,,,,,,
EXHIBIT A
BURDENED PARCEL (STATE LAND)
Township 12 North, Range 02 East, W.M.
Section Legal Subdivision Tax Parcel No.
16 SW 1/4 NE 1/4 SE 1/4 028605001007
EXHIBIT B
EASEMENT AREA
•
/7 / /
/ 5 ?S EAST 1/4 CORNER
7
/ / SECTION 16
TOWNSHIP 12 NORTH,
RANGE 2 EAST
l i I
/ i /
/ / I
11ci / I
I S' / STATE
/ 0 i I TAX PARCEL NO. 028605001007
/ 4.1 / / (38.09 ACRES)
Q I
v / /
EASEMENT AREA / /
AS SHOWN ON / BPA RIGHT OF WAY—
RECORD
DyOF / i / (DNR EASEMENT NO. 50-027183k A.F. /
#3449092 / I
—(16,905.8 SQ.FT.) i -� 1/ / �O ,i '� _
/ /
BAKER / l 7S i X / i
/ i DRIVE / ", � / /
i
1 L1 60'WIDE/ ! / p \�\✓ �. / / /
..__ r .� ! ..._ L / � /\ '_\
• 7 I- -- ----- _/-- _-t= - ---_. .- - , \ \ e
LEGEND 0 200 400 600
0 1/16 CORNER
I1/14 CORNER
EXHIBIT C
HCP REQUIREMENTS
1) Grantee shall immediately notify State of the following:
a) That Grantee has discovered locations of any species listed by the U.S.Department of
Fish and Wildlife as threatened or endangered species(listed species)under the
Endangered Species Act as such list may be updated from time to time;and
b) That Grantee has located any live,dead,injured,or sick specimens of any listed
species.
2) Notification required in subsection 1)must in all circumstances occur as soon as practicable
but in any event within 24 hours.
3) Grantee may be required to take certain actions to help State safeguard the well-
being of any live,injured or sick specimen of any listed species until the proper
disposition of such specimen can be determined by State.
4) Any application for a Forest Practices Permit submitted by Grantee for activities on the
State Easement Area must identify that the State Easement Area is covered by the HCP.
EXHIBIT D
OPERATIONAL REQUIREMENTS
Roads may not be used when continued use will result in excessive damage due to weather or
other conditions.
Hauling of forest products is not allowed on the State's ownership between November 1st and
March 31 s`
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Sept. 14, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving County Road Easement No. 50-092552 between Lewis County and DNR and authorizing
signatures thereon
Contact: Martin Roy Phone: 1183
Department: PW - Public Works
Description:
This Resolution will authorize the Board of County Commissioners (BOCC) to sign and approve
County Road Easement No. 50-092552 between Lewis County and the State of Washington through
the Department of Natural Resources (DNR)
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Pending
Additional Copies: Cover Letter To:
Tim Fife, Martin Roy, Sadie Rockey, Matt
Hinderlie