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Home My WebLink AboutWashington State Department of Natural Resources - Interlocal AgreementWhen recorded return to: Department of Natural Resources South Puget Sound Region Attn: Rights -of -Way Manager 950 Farman Avenue North Enumclaw, WA 98022 2189565 MASON CO WA 10/20/2022 09 14 PM ERSMT DEPRRTMENT OF NATURAL RES tt181010 Rec Fee. $211 'es 9 11111111 I II I I I I I I I I I I I I I!!! I I I I I I! I I I I I I I I 1 !11 I I I I 11111111111 I I I I 111111 I II I I I I I I I I AF6V1_71 No WA R.E. EXCISE TAX OCT 20 2022 EXEMPT LISA FRAZIER Treas., Mason County WASHINGTON STATE DEPARTMENT OF flATURAL RESOURCES HILARY 5. FRANZ COMMISSIONER OF PUBLIC LANDS Grantor: MASON COUNTY Grantee: WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES Legal Description: Portions of the SW 1/4 SW I/4 of Section 19, Township 22 North, Range 0I West, Mason County, W.M. Assessor's Property Tax Parcel or Account Number: 12219-33-00000 DNR Easement No.: 55-103875 EASEMENT THIS AGREEMENT, made and entered into this day of Oc_4ebe , 20. ), by and between MASON COUNTY, a political subdivision of the State of Washington, herein called "Grantor," and STATE OF WASHINGTON, acting by and through the Department of Natural Resources, herein called "State," WITNESSETH: Conveyance. Grantor, for and in consideration of THREE THOUSAND, ONE HUNDRED and NO/ Dollars ($3,100.00), hereby grants, conveys, and warrants to State, its successors and assigns, a permanent Easement over a parcel of land in Mason County legally described as set forth in Exhibit "A" (hereafter Burdened Parcel) said Easement to be sixty (60) feet in width running thirty (30) feet on each side of a centerline of a road located approximately as shown on Exhibit "B" (hereafter Easement Area). Purpose. The Easement is conveyed to provide ingress and egress to and from lands owned by State for the purpose of hauling forest products and/or other profits including but not limited to sand, gravel, stone or farm products, leasing the property and performing management activities associated with timber production, agriculture or the extraction of profits, and leasing the property for all purposes including communications sites. No public access is allowed. 1 of 9 Agreement No. 55-103875 Appurtenant. This Easement shall be deemed appurtenant to the real property now owned by State located in Mason County, legally described as set forth in Exhibit "C" attached hereto and such real property hereafter acquired by the State (hereafter Benefited Parcels). Reservations. Grantor reserves the right at all times for any purpose, to cross and recross the Easement Area at any place on grade or otherwise. Grantor may grant to third parties any or all of the rights reserved therein; provided that use by such party shall be subject to the terms and conditions of this Easement and shall not unreasonably interfere with the rights granted to State herein. Grantor reserves all timber now on or hereafter growing within the rights of way on said lands and the right to remove said timber via the right of way herein granted. Relocation. State shall have the right to relocate the Easement at State's sole cost so long as the new location does not unreasonably interfere with the reserved rights of the Grantor herein. Maintenance. The cost of road maintenance and resurfacing shall be allocated on the basis of respective uses of said roads. When any party uses a road, that party shall perform or cause to be performed, or contribute or cause to be contributed, that share of maintenance and resurfacing occasioned by such use as hereinafter provided. During periods when a road is being used solely by one party, such party shall maintain that portion of said road so used to the standards existing at the time use is commenced. a. The appointment of a maintainer, which may be one of the parties hereto or any third party, who will perform or cause to be performed at a reasonable and agreed upon rate the maintenance and resurfacing of the road or the portion thereof being used; and b. A method of payment by which each party using said road or a portion thereof, shall pay its pro rata share of the cost incurred by said maintainer in maintaining or resurfacing said road or portion thereof. For purposes of this agreement, maintenance is defined as the work normally necessary to preserve and keep the roadway, road structure and road facilities as nearly as possible in their present condition or as hereafter improved. Repairs. Each party using any portion of a road shall repair, or cause to be repaired, at its sole cost and expense, that damage to said road occasioned by it which is in excess of that which it would cause through normal and prudent usage. Should damage be caused by an unauthorized user, the cost of repair shall be treated as ordinary maintenance and handled as set forth above. Improvements. Unless the parties agree in writing to share the cost of improvements in 2 of 9 Agreement No. 55-103875 advance of such improvements being made, such improvements shall be solely for the account of the improver. Permittees. State may permit its respective agents, contractors, licensees, lessees, purchasers of timber or other valuable materials, and their agents, hereinafter individually referred to as "Permittee" and collectively referred to as "Permittees," to exercise the rights granted to it herein. Provided, that when State or one of its Permittees plans to use any portion of said road(s) for the purpose of hauling timber or other valuable materials, such party shall notify Grantor at least fifteen (15) days prior to the commencement of use of said rights, advising of the portion of road to be used, the approximate dates when such use will begin and end, and of the approximate volumes of forest products or valuable materials to be hauled and upon the completion of such use notify Grantor. Insurance. The State of Washington, including all its agencies and departments, is self insured for all exposures to tort liability, general liability, property damage liability and vehicle liability, as provided in statute, but only as respects the negligence of State. Indemnity. State shall defend, indemnify and hold harmless the Grantor from all claims that arise out of the negligence of State or its Permittee in their use of the easement. A "claim" as used in this section means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys' fees, attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the resulting loss of use. Notwithstanding the foregoing, State's obligation to defend, indemnify, and hold harmless the Grantor from any judgment, decree or arbitration award shall extend only to the percentage of negligence of State and its Permittee in contribution to such claim. State waives its immunity under Title 51 RCW only to the extent it is required to indemnify, defend and hold harmless Grantor. This indemnification shall survive the expiration or termination of the easement. 3 of 9 Agreement No. 55- I03875 1N WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate to become effective as of the day and year first above written. Dated: , 20_ Approved as to Form this By: Dated: O ch )i rr f la , , 2Q 2 - Approved as to Form this 1 l th day of March, 2008. By: Roger Braden Assistant Attorney General State of Washington MASON COUNTY Mark N y Coun Administrator 411 N5`hSt. Shelton, WA 98584 (360) 427-9670 Ext 419 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Duane Emmons Acting Deputy Supervisor for State Uplands P.O. Box 7000 1111 Washington Street SE Olympia, WA 98504-7000 (360) 902-1600 4 of 9 Agreement No. 55-103875 IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate to become effective as of the day and year first above written. Dated: Approved as to By: T--1 �✓I., DPA- Dated: Approved as to Form this l lth day of March, 2008. By: Roger Braden Assistant Attorney General State of Washington , 20 MASON COUNTY Mark N ry Coun Administrator 411N5thSt. Shelton, WA 98584 (360) 427-9670 Ext 419 STA 1'E OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Duane Emmons Acting Deputy Supervisor for State Uplands P.O. Box 7000 1111 Washington Street SE Olympia, WA 98504-7000 (360) 902-1600 4 of 9 Agreement No. 55-103875 REPRESENTATIVE ACKNOWLEDGMENT State of Washington County of ! ' [ as ar+ I certify that I know or have satisfactory evidence that Mark Neary is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the County Administrator of Mason County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: R1(1!U(t-Ph �� 2022. \1\1111111!flffrff �� .' tMENT �.��. • psNR+ber 30-•4A ��°'t OTARy S• • em••••• : PUBLIC • • r Iiihs4F, WAS Alr6LO (Signature) '(Y1Cken �e Srr , (Print Name) Notary Public in and for the State of Washington, residing at Mason G00s, My appointment expires c\FAI•er'(\O HL tb001 1-024. 5 of 9 Agreement No. 55-103875 STATE ACKNOWLEDGMENT State of Washington County of Thurston I certify that I know or have satisfactory evidence that Duane Emmons is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Acting Deputy Supervisor for State Uplands of the Department of Natural Resources of the State of Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: OCi-DI e r i !, of vaoa 2// (Signa(ure) KrY1 ber% ty2/J d4'2 (Print Name) Notary Public in and for the State of Washington, residing at L.Lt ct�, 1e/4 My appointment expires 0.-Af )Lo/allay 6 of 9 Agreement No. 55- I03875 EXHIBIT A BURDENED PARCEL Grantor Land Portions of the SW I/4 SW I/4 of Section 19, Township 22 North, Range 0I West, Mason County, W.M. 7 of 9 Agreement No. 55.103875 CC Z 1 N �iI/ i ice~ / /1--� I I —, —/ / / EXHIBIT B EASEMENT AREA ft r SEC. 19 I 1 / 1 / / I t � LAKE ANDERSON FEET IIIIIII 0 500 t000 2000 . /' LEGEND MAP PREPARED: 7/27/2022 -r--•--S-• S SECTION CORNER ROADS STATE (GRANTEE) EASEMENT AREA WIDTH: 60 FEET LENGTH: 630 FEET AREA: 0.9 ACRES 8 of 9 Agreement No. 55-103875 EXHIBIT C BENEFITED PARCELS State Land Portions of Section 25, Township 22 North, Range 02 West and Section 30, Township 22 North, Range 01 West, Mason County, W.M. 9 of 9 Agreement No. 55- I03875