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Home My WebLink AboutWashington State Department of Fish and Wildlife After Signature,Retum To: WDFW#20-15814 Washington Department of Fish& Wildlife Real Estate Services 600 capitol Way North MC Contract#20-075 Olympia,Washington 98501 Attn: Elyse Woodruff INTERAGENCY AGREEMENT BETWEEN STATE OF WASHINGTON DEPARTMENT OF FISH AND WILDLIFE AND COUNTY OF MASON THIS AGREEMENT is made this-9—day of U ,201A',by the undersigned Parties,the COUNTY OF MASON("Landowner"),owner of record of real property in Mason County in Section 30,Township 23-0 North,Range 2-0,W.M., as shown on the attached Exhibit A and B, and THE STATE OF WASHINGTON,THE DEPARTMENT OF FISH AND WILDLIFE("WDFW"), collectively the Parties. WHEREAS,the Parties desire to work collaboratively to meet lawful natural resource stewardship commitments including commitments to restore fish passage. WHEREAS,a prior agreement exists between the Parties for use of land described herein (Agreement 21-0157 dated 26th day of December, 1956),herein after"Existing Agreement". WHEREAS,the WDFW seeks agreement to access the subject property for the purpose of removing the existing dam and fishway infrastructure located downstream of the Haven Lake outlet and constructing a new channel which will include the addition of large woody debris. NOW,THEREFORE,in consideration of the terms and conditions hereinafter contained,the Parties hereto agree as follows: Subject to the terms and conditions set forth below,Landowner hereby permits WDFW to access the property,for the sole purpose of removing the existing dam and fishway infrastructure located downstream of the Haven Lake outlet and constructing a new channel which will include the , addition of large woody debris.WDFW will be responsible for monitoring the channel to ensure its function. 1. Term: The term of this permit is from June 1,2020 to June 1,2040. 2. Limited Rights: WDFW agrees that its operations will not interfere with the operations of Landowner.Landowner retains jurisdiction over Landowner's property in all respects.WDFW's use of the property is limited to use by WDFW staff and its contractors. 3. No Public Access: This permit does not include public access. Haven Lake Section 30 Township 2ONitRange 2W /A i F-7- 1 1 t I L71 • Legend GeoLib.dbo.SWIFD—SV FPDS1 Sites Test REIS Layer Barrier,FishPass 0 Full Barrier 0 Partial Barrier Eif it E0 0 Barrier(Unk Passability) 0 Passable 1.1 Unknown Barrier Status Non-fish No Fish Passage Feature at Site Stream 0 OParcel Owners 2016 oProject work area W V Washington Department of FISH and Author: Melissa Erkel WULLFE Miles Date: 10/19/2019 0 0.04250.085 0.17 0.255 0.34 Haven Lake Section 30 Township 20N Range 2W f Legend GeoLib.dbo.SWIFD SV FPDSI Sites Test RDS Layer H Barrier,FishPass • Full Barrier Partial Barrier 0 Barrier(Unk Passability) ' 0 Passable 'BET 71) Unknown Barrier Status It Non-fish 7 No Fish Passage Feature at Site Stream Parcel owners 2016 OProject work area orth est Geomatacs, Washington Department of FISH and Author: Melissa Erkel WILDLIFE Miles Date: 10/19/2019 0 0.01 0.02 0.04 0.06 0.08 C6. ) Vicinity Map: Haven Lake WDFW Project ---------- J cc�o J Ale 4, t w, .......... 2 Z k� x Legend 0 County Mileposts . 0 Project Area Z" CD Northeast Haven La Q Drive 7 F 7nq j N 0 70 140 280 420 S, 1 Feet @ Open.. ree a "a rpontriii AGREEMENT z1-0157 THIS A T is entered into this day of 'Pe ,1956, by and betiueen. Masan County, State of Washington, C as party of t x. st part, and the STATE OF WASHINGTON DEPARTMENT OF GAME as party of the second part, in accordance with the provisions,of Chapter 36, haws of Washington 1955, i R. C. W. 77.12.320, WHEREAS, the party of the first part owns and/or controls tracts of land known and described as Tracts A.& B on the plat of Haven Fake as recorded in Volume 4 of Plats, pages 131 to 138 inclusive, records'of Mason County, Washington, Auditors File No. 164391, ✓ AND WHEREAS, the party of the second part•in behalf of the public desires { to develop and use said lands to provide public access to Haven Fake, Mason County,Washington. BE IT MUTUALLY AGREED, l.- That the State of Washington Department of Game is hereby given the right and permit to develop, maintain, and use'the above.des- cribed lands for the purpose of proliding public access, to the adjoining waters. 2. The above described tracts of land shall be administered by the party of the second part as „Public Fishing Areas" and shall be subject to the regulations of the State of Washington Department of Game governing such area. 3. No commercial use shall be permitted on these lands. 4. This agreement shall remain in effect until' such time as.it is mutually agreed that it should be terminated. STATE OF SiASHIHGTON�ARTMENT OF GAFFE 130AR�D ODNTY COMMISSIONERS ohn A. Biggs, for STATE OF WASHINGTON ) ss. COUNTY OF Mason ) On this day personally appeared before me Roy Mitchell , C, W, Streckenbach , and ' John.E. Bariekman to me own o e e in vidu s descri d ut an .who executed the foregoing instrument, and who acknowledged to me that they signed and sealed the same as their free. and voluntary act and deed for the uses and purposes therein mentioned. I WITNEQqq�� JC +-�$i1).OFFICIAL this day of00 ,�e�e mfiey ,19�12. r, on n o . ��5.�:�"�w•'?';EI••L-•.y = `��;;°,.,.•.,. Countyi Residing at 4f�,(1./:.4' 4f}.�: fk�j]'_'f�5'r•-.:1'SIti:• y1� �IL' "r;,rj I r'ea•r x`.y i,:c?l., e:��+r •✓4rry�t"•U 4•'ct4S_.s:a{��i:.._ 1=.;•�? \•�,'Ent' �'1,+.y VOL -176 FAGE3 STATE OF WASHINGTON.) ) as. COUNTY OF � ) /� On this day personally appeared before me G4 , to me known to be'the Director of Game of the St of Was and the person who executed the foregoing instrument on of the State of Washington, and .who acknowledged to me that he signed the same'as.his free ;;.and:,voluntary act and deed, for the uses and purposes therein mentioned. "SA•t�•yLJ` ti •r`'~ �;5 7IyE AN SS MY HD AND OMCIAL SEAL, ThlsoLl, day of .P�rj ,G s19v6. *y ZTA R. o Public an or a fate of-Washington tart' a -z" Residing at , do nv�. rjruJ krsvw � 7 r�C .-Q: 1 u v I . V .1!U PAGE3e58 y .r gt}l jr w _ ' Al T S �" � _ .r gyp•'` * r �� .� i �.+ •�. �''1� s r yn i3• I�w a '1' f. � t A^ ^7r 1_`�.''c��.t I-',.��'::'.✓ 4ti'�~.:l�r tY 4. No Assignment: WDFW may not assign or sublet this permit in whole or in part to any other party without written approval of the Landowner. 5. Liability: WDFW,as a Washington state agency, is self-insured.Under state law,RCW Chapter 4.92, WDFW's liability for injury and damage is limited to that which is attributable to the negligent acts or omissions of WDFW and its officers and employees.To the extent allowed by law,WDFW agrees to be responsible for any personal injury and property damage arising from the acts or omissions of itself and those of its employees and contractors at the premises, provided that said obligations shall be reduced by the proportion of the Landowner's concurrent negligence,if any.WDFW shall not be responsible for the acts or omissions of Landowner or entities or individuals that are not a party to this permit. 6. Cancellation:Landowner may cancel this Permit in an emergency or in the event of WDFW's failure to comply with the terms and conditions of this instrument.Prior to canceling this Permit, Landowner shall give WDFW a period of at least five business days to remedy the failure to comply,except in an emergency. 7. Maintenance Obligations: WDFW will be responsible for monitoring the channel to ensure its function.Landowner assumes no responsibility for maintaining the constructed channel or its appurtenant structures.Appurtenant structures,as used herein,means large woody material, habitat rocks,stream bed materials,grade control features,and any physical elements of the constructed channel bed and banks.Upon removal of the dam and fishway structure by WDFW, and following conclusion of the term of this Agreement,Landowner assumes the stream channel will be a natural watercourse for which management is governed by State and Federal regulations.Landowner assumes no responsibility for maintaining the constructed channel as a fishway,restoration site,conservation tract,lake level management or flow control facility,or for any purpose. 8. Existing Agreement: The Parties acknowledge the terms and conditions contained in the Existing Agreement for land use.This Agreement is not intended to supersede or replace the legal,valid commitments of the Existing Agreement,which shall remain valid and in force. 9. Entire Agreement: This document contains the entire agreement between the Parties. IN WITNESS WHEREOF,each individual below attests that he or she is the authorized signatory for his or her respective party and that such party has agreed to the terms and conditions of this permit: qk)-2-0 t;e�l Date COUNTY OF MAS014 Hugdahl,Jeffrey R Digitally signed byHugdahl, Jeffrey R(DFW) (DFW) D6ie:2020.07.021451:14-07'00' Date WASHINGTON DEPT.OF FISH AND WILDLIFE Access to Property/rev.10.16.2018 Page 2 of 2