Regular Public Meeting
May 23, 2023, 9:00 a.m.
RCW 42.30.040 - Conditions to attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. People may remain anonymous when logging on to Zoom by creating any name and email of their choosing. In a meeting, public comment will be received, either or both, orally (raise hand in Zoom or use *9 on phone) and by writing. Note: Written comments may be sent to the Board at any time. For oral presentations, the Board may set a time for comments and speakers.
All matters listed with the Consent Agenda were previously distributed to each Board Member for reading and study, were available for public viewing, are considered items of regular County business, and will be approved, without separate discussion, by one motion of the Board of County Commissioners. An item may be removed from the Consent Agenda and placed on the Regular Agenda for separate discussion and voting at the request of any Board Member.
The Board of Commissioners may add and take action on other items not listed on this Agenda.
Agenda Online Address: https://www.co.cowlitz.wa.us/535/Agendas Regular-Public-Meetings
ZOOM Invitation Address (for all meeting days):
o https://us06web.zoom.us/j/82019613917
KLTV Live Feed Address: http://www.kltv.org
Page 3 of 3
AS-12821 1.
BOCC Agenda
Meeting Date: 05/23/2023
RESOLUTION: Call for Hearing - Amending Chapter 15.14.080 and Ordinance Number 84-213 Unauthorized Connections and Use of Water Prohibited
Submitted For: Patrick Harbison, Public Works
Department: Public Works
Subject and Summary Statement
Submitted By: Carol Sides, Public Works
Information
Attached is a resolution to fix the date of a public hearing to amend CCC 15.14.080, Unauthorized Connections and Use of Water Prohibited - Charges,
Will Staff Attend - NAME OF STAFF or No
Yes
Department Recommendation
It is the recommendation of the Department of Public Works that the Board move to adopt said Resolution, set a time for the public hearing and publish the Notice in the usual manner.
Attachments
Resolution Fixing Date of Hearing Notice of Public Hearing Ordinance
Form Review Inbox Reviewed By Date Susan Eugenis Susan Eugenis 05/16/2023 04:28 PM Mike Moss, Public Works Mike Moss 05/17/2023 07:53 AM Form Started By: Carol Sides Started On: 05/16/2023 08:43 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
In the Matter of Amending 15.14.080
WHEREAS, the County considers any or all unauthorized connections to the water and/or sewer system to be a risk to the health and safety of our customers and/or a gifting of public funds; and,
WHEREAS, it appears to this Board that it is in the best interest of public safety and in compliance with the laws of the State of Washington, that a public hearing be set to consider the amending Chapter 15.14.080 of the Cowlitz County Code; and
NOW, THEREFORE, IT IS HEREBY RESOLVED that a public hearing will be held on the _____ day of _____________, 2023, at the hour of ________ o'clock a.m. in the chambers of the Board, third floor, County Administration Building, 207 Fourth Avenue North, Kelso, Washington, to hear all concerned in the matter of the proposed Ordinance to amend CCC 15.14.080 amending the charge for unauthorized connections to the water and sewer system; and
DATED this ________ day of _______________, 2023
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
ATTEST: Richard R. Dahl, Chairman
Kelly Dombrowsky
Arne Mortensen, Commissioner Clerk of the Board
Dennis Weber, Commissioner
)
the
) Unauthorized Connection Charge ) ORDER FIXING DATE OF HEARING
RESOLUTION NO. Updating
Water and Sewer
NOTICE IS HEREBY GIVEN that on the day of , 2023, at the hour of ________ o'clock a.m., a public hearing will be held before the Board of County Commissioners of Cowlitz County, Washington, in the Chambers of the Board in the County Administration Building, third floor, 207 Fourth Avenue North, Kelso, Washington, for the purpose of determining whether or not the Board of County Commissioners of Cowlitz County, Washington shall amend CCC 15.14.080 amending the charge for unauthorized connections to the water and sewer system.
Complete copies of the proposed Ordinance are available at the office of the Board of County Commissioners at the County Administration Building, 207 Fourth Avenue North, Kelso, Washington, 98626 or the Department of Public Works at 1600 13th Avenue South, Kelso, Washington, 98626
Any person may appear to present testimony against or in favor of the proposed Ordinance at the date and time given above.
The County Administration Building is accessible for persons with disabilities.
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
PUBLISHED:
PUBLICATION REQUIREMENTS: To be published in one issue, not less than ten (10) days prior to the date of hearing.
BILLING INFORMATION:
1) AFFIDAVIT TO: Cowlitz County Commissioners
ATTN: Clerk of the Board
2) BILL TO: Cowlitz County Department of Public Works P.O. 000964
1600 13th Avenue South Kelso, WA 98626
N O T I C E
AN ORDINANCE AMENDING CHAPTER 15.14.080 OF THE COUNTY CODE, ESTABLISHING ASSESSMENTS FOR UNAUTHORIZED CONNECTIONS AND USE OF WATER AND SEWER; AND AMENDING ORDINANCE NUMBER 84-213
WHEREAS, RCW 36.394.110 has authorized Cowlitz County as an operator of a system of sewage and water to fix, alter, regulate, and control the rates and charges for the service and facilities to those to whom such service and facilities are available, and to levy charges for connection to the system; and
WHEREAS, the County considers any or all unauthorized connections to the water and/or sewer system to be a risk to the health and safety of our customers and/or a gifting of public funds; and,
WHEREAS, the legislative authority sets water and sewer rates and charges on a regular basis.
NOW THEREFORE BE IT ORDAINED by the Board of Cowlitz County Commissioners that:
1. The County amends and repeals Chapter 15.14.080 of the Cowlitz County Code, which amendment below shall be the only portion of this Ordinance codified in the County Code, to read:
“15.14.080 Unauthorized connections and use of water prohibited – Charges
Any person who connects to the water system and/or sewer system without obtaining the Departments prior approval, as required by CCC 15.14.060, shall be charged an unauthorized connection assessment as set by the ‘Water and Sewer Rates’ adopted by the Board of Cowlitz County Commissioners, which shall be in addition to all other applicable fees and charges. The property owner shall be responsible for payment of all charges, fees, and assessments Water and/or sewer may be disconnected to the premises until the required charges, fees and assessments are paid and the water service installation and/or sewer connection are approved.”
2. If any portion of the materials adopted herein is found invalid by a Court of competent jurisdiction, the remainder of the provisions shall remain in full force and effect. Further, if such invalidated portion repeals an existing rule or regulation, the replaced rule or regulations shall be reinstated until modified or replaced by the County Commissioners.
ORDINANCE NO.
3. As to Ordinance No. 84-213 and CCC 15.14.080, as repealed, amended and revised above, that this section and provision of this prior ordinance neither referenced nor repealed, amended or revised hereunder shall remain in full force and effect. Such amendment, repeal and revision shall not be construed as affecting any existing obligation, right or registration acquired under the ordinance or portions of ordinance amended, nor as affecting any proceeding instituted thereunder, nor any rule, regulation, tax or order promulgated thereunder, nor the administrative action taken thereunder, except as set forth herein Further, it is not the intention of these actions to reenact any ordinance or portions or sections of any ordinance previously revised, repealed or amended, unless this ordinance herein specifically states such intent to reenact such revised, repealed or amended ordinances.
4. These regulations are in the public interest and shall take effect immediately upon adoption by the Board.
APPROVED THIS ____ day of __________, 2023, after a public hearing was held on _________, 2023, pursuant to Notice published on the ____day of _____________, 2023 in The Daily News
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
Richard R. Dahl, Chairman
Arne Mortensen, Commissioner
ATTEST:
Kelly Dombrowsky
Dennis P. Weber, Commissioner Clerk of the Board
APPROVED AS TO FORM:
Cowlitz
County Prosecuting Attorney
Douglas E. Jensen, Chief Civil Deputy
ORDINANCE NO. PAGE 2 OF 2
AS-12823
BOCC Agenda
Meeting Date: 05/23/2023
Consent 2.
Call for Public Hearing to extend “Interim Official Controls” established June 22, 2021 relating to surface mining, May 23, 2023 at 9:45 a.m.
Submitted For: Adam Trimble
Department: Building & Planning
Subject and Summary Statement
Submitted By: Adam Trimble
Information
The Department recommends that the Board, at its May 23, 2023 meeting, set a date for an open record, legislative hearing to extend the “Interim Official Controls” relating to surface mining established June 22, 2021. Staff proposes Tuesday June 6, 2023 at 9:45 am for the public hearing.
Will Staff Attend - NAME OF STAFF
Adam Trimble
Department Recommendation
1. Adopt the enclosed resolution setting a hearing date to extend the “Interim Official Controls” relating to surface mining.
2. Publish a legal notice at least ten days prior to the hearing date.
Attachments
Resolution BOCC Call for Hearing - Surface Mines Extension 2023 Legal Notice Public Hearing
Form Review
Inbox Reviewed By Date Traci Jackson Traci Jackson 05/16/2023 02:52 PM Form Started By: Adam Trimble Started On: 05/16/2023 09:39 AM
BEFORE THE BOARD OF COMMISSIONERS OF COWLITZ COUNTY, STATE OF WASHINGTON
A Resolution in the Matter of Setting an Open Record X Legislative Hearing Date to Consider Extending X
Resolution No. _______________ the Interim Official Controls relating to surface mining X X
IT IS HEREBY RESOLVED by the Board of Commissioners of Cowlitz County, Washington, in a meeting assembled in the Administration Building of said county, that a hearing be held on the 6th day of June, 2023, at the hour of am to consider extending the “Interim Official Controls” relating to surface mining.
IT IS FURTHER RESOLVED, that the Clerk of said Board forthwith give at least ten (10) days notice of said hearing as required by law.
DATED THIS 23rd DAY OF May 2023
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
Richard R. Dahl, Chairman
Dennis P. Weber, Commissioner
Arne Mortensen, Commissioner
ATTEST:
Clerk of the Board
Please publish legal notice of public hearing as shown below.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held on 6/6/23, at 9:45 a.m. in the Commissioners' Hearing Room, County Admin Bldg, Kelso, WA to consider extending the “Interim Official Controls adopted June 2021” related to surface mining until June 6, 2024.
The Clerk of the Board will accept written testimony concerning the proposed extension ordinance until 6/2/2023 at 4:30 p.m.
The Cowlitz County Administration Building is accessible for persons with disabilities Details on the type of meeting will be posted on the BOCC website: https://www.co.cowlitz.wa.us/166/Board-of-Commissioners.
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
Published: 5/28/23
PUBLICATION REQUIREMENT: To be published in one (1) issue
BILLING INFORMATION:
1) AFFIDAVITS TO: Cowlitz County Commissioners ATTN: Clerk of the Board 207 Fourth Avenue North, Room 305 Kelso, WA 98626
2) BILL TO: Cowlitz County Building and Planning Department 207 4th Ave N Kelso, WA. 98626
AS-12824 3.
BOCC Agenda
Meeting Date: 05/23/2023
RESOLUTION - Call for Hearing - Proposed Ordinance - County Code Chapter 2.35 - Compost
Submitted For: Susan Eugenis, Public Works
Department: Public Works
Subject and Summary Statement
Submitted By: Emilie Cochrane, Public Works
Information
Attached is a resolution fixing the date of a public hearing on the proposed ordinance to create County Code Chapter 2.35. The new Chapter establishes a Compost Procurement Policy to comply with the 2022 Organics Management Law.
Will Staff Attend - NAME OF STAFF or No
Yes
Department Recommendation
It is the recommendation of the Department of Public Works that the Board move to adopt said Resolution, set a time for the public hearing and publish the notice in the usual manner.
Attachments
Call for Hearing and Notice
Proposed Ordinance
Form Review Inbox Reviewed By Date Susan Eugenis Susan Eugenis 05/16/2023 04:29 PM Mike Moss, Public Works Mike Moss 05/17/2023 07:59 AM Form Started By: Emilie Cochrane Started On: 05/16/2023 09:58 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
In the Matter of the Proposed Ordinance to ) RESOLUTION NO. _____________ Create a New County Code Chapter 2.35 ) ORDER FIXING DATE OF HEARING to Meet the Requirements of ESSHB 1799 ) Adopted in March 2022 )
WHEREAS, in March 2022, ESSHB 1799 was signed into Washington law. The primary goal of the law is to increase the diversion of organic materials going to landfills in order to reduce methane emissions; and
WHEREAS, as more organic materials are diverted and recycled, it is critical the compost manufactured be procured by local jurisdictions and others to support the economic viability of these processes and programs. It is well established compost production and use provide significant environmental benefits to our soil and food; and
WHEREAS this Board finds such regulations and their codification to be in the public interest; and
WHEREAS it is required by law that a public hearing be held on any ordinance constituting a regulation within the police power of the Board of County Commissioners.
NOW, THEREFORE, IT IS HEREBY RESOLVED that a public hearing will be held on the 13th day of June , 2023, at the hour of ______ o'clock a.m., in the chambers of the Board, third floor, County Administration Building, 207 Fourth Avenue North, Kelso, Washington, to hear all concerned in the matter of the proposed Chapter 2 35 to regulate the procurement of Compost; and,
BE IT FURTHER RESOLVED that notice be given not less than ten (10) days prior to the public hearing as required by law.
DATED this ___ day of _________________, 2023.
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
Richard R. Dahl, Chairman
ATTEST:
Arne Mortensen, Commissioner
Dennis P. Weber, Commissioner Clerk of the Board
Kelly Dombrowsky
NOTICE IS HEREBY GIVEN that on the 13th day of June, 2023, at the hour of _____ o'clock a.m., a public hearing will be held before the Board of County Commissioners of Cowlitz County, Washington, in the Chambers of the Board in the County Administration Building, third floor, 207 Fourth Avenue North, Kelso, Washington, for the purpose of determining whether or not an ordinance be adopted by the Board of County Commissioners of Cowlitz County, Washington. The proposed ordinance would create Chapter 2.35, Cowlitz County Compost Procurement Policy.
Complete copies of the proposed ordinance are available at the office of the Board of County Commissioners, Third Floor, County Administration Building, 207 Fourth Avenue North, Kelso, Washington, 98626, or the Department of Public Works, 1600 – 13th Avenue South, Kelso, Washington, 98626.
Any person may appear to present testimony against or in favor of the proposed ordinance at the date and time given above.
The County Administration Building is accessible for persons with disabilities.
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
PUBLISHED:
PUBLICATION REQUIREMENTS: To be published in one issue, not less than ten (10) days prior to the date of hearing.
BILLING INFORMATION:
1) AFFIDAVIT TO: Cowlitz County Commissioners
ATTN: Clerk of the Board
2) BILL TO: Cowlitz County Department of Public Works
1600 – 13th Avenue South Kelso, WA 98626
P.O. 000965
N O T I C E
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
In the matter of Establishing a Compost ) Procurement Policy in Cowlitz County ) ORDINANCE NO. Under a New County Code Chapter 2.35 )
WHEREAS, in March 2022, ESSHB 1799 was signed into Washington law. The primary goal of the law is to increase the diversion of organic materials going to landfills in order to reduce methane emissions; and
WHEREAS, as more organic materials are diverted and recycled, it is critical the compost manufactured be procured by local jurisdictions and other to support the economic viability of these processes and programs. It is well established compost production and use provide significant environmental benefits to our soil and food; and
WHEREAS, this Board finds such regulations and their adoption to be in the public interest;
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners there shall be a new Cowlitz County Code Chapter 2.35- COMPOST PROCUREMENT POLICY, as follows:
Section 1. Definitions. A “Finished Compost Product” means a product created with “composted material” as defined in RCW 70A.205.015(3). Finished compost products include but are not limited to, 100% finished compost or blends that include compost as a primary ingredient. Mulch is considered a Finished Compost Product if it contains a minimum of sixty percent composted material. Bark is not a Finished Compost Product.
Section 2. General Policy. Cowlitz County shall purchase finished compost for public projects in which compost is an appropriate material in County projects or on county lands Cowlitz County is not required to use compost projects if:
(i) Compost products are not available within a reasonable period of time:
(ii) Compost products that are available do not comply with existing purchasing standards; and
(iii) Available compost products do not comply with federal or state health, quality, or safety standards.
(iv) Compost purchase prices are neither reasonable nor competitive. Pursuant to RCW 43.19A.130, Cowlitz County will strive to purchase an amount of finished compost products equal or greater than fifty percent of the amount of organic materials delivered to the compost processor.
ORDINANCE-COUNTY CODE CHAPTER 2.35 - COMPOST PROCUREMENT POLICY PAGE 1
Section 3. Local Purchasing. Cowlitz County will purchase finished compost products from companies producing compost locally, are certified by a nationally recognized organization, such as the US Composting Council, and produce finished compost products derived from municipal solid waste compost programs while meeting quality standards adopted by the Department of Transportation or adopted by rule by the Department of Ecology. If locally produced compost is not available, compost shall be sourced as close as possible to Cowlitz County. Cowlitz County defines “local” as compost providers located within a 50-mile radius of the transfer station in Longview. Proof that locally produced compost was not available at the time of purchase or was cost – prohibitive shall be documented.
Section 4. Planning. In order to meet the general policy, Cowlitz County shall plan for compost use in the following categories:
(a) Landscaping projects;
(b) Construction and postconstruction soil amendments;
(c) Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or improve the stability and longevity of roadways; and
(d) Low-impact development of green infrastructure to filter pollutants or to keep water onsite, or both. This plan will be reassessed each December 31st of even numbered years, beginning in 2024 and thereafter as part of the reporting obligations in Section 6.
Section 5. Education. Cowlitz County shall conduct educational outreach to inform residents about the value of compost and how the jurisdiction uses compost in its operations each year.
Section 6. Reporting1. By December 31, 2024, and each December 31st of even numbered years thereafter, Cowlitz County shall report the following information to the Department of Ecology:
(a) Total tons of organic material diverted (from landfills) each year:
(b) The volume and cost of composted material purchased each year; and
(c) The source (s) of the finished compost product purchased.
Section 7. Codification. Only the adoptions within this Ordinance, as set forth above in Sections 1 through 6, shall be codified.
Section 8. Severability. The provisions of this Ordinance are declared separate and severable. If any section, paragraph, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
1 For compost use tracking and reporting, only the volume of composted material is reported, based on the percentage of compost material in a finished compost product. For example, a typical bioretention soil blend is 40% compost and 60% sand. If a jurisdiction bought 10 cubic yards of bioretention soil, they would report 4 cubic yards of composted material usage.
ORDINANCE-COUNTY CODE CHAPTER 2.35 - COMPOST PROCUREMENT POLICY PAGE 2
Section 9. Repeal, Amendment and Revision. The adoption of this code shall not be construed as affecting by repeal, amendment or revision any existing obligation, right or prohibition established under any other county ordinance or resolution, or portions thereof, nor as affecting any proceedings instituted thereunder, nor any rules, regulations, or orders promulgated thereunder, nor administrative actions taken thereunder, except as may be set forth herein.
Section 10. Effective Date. These provisions are in the public interest and shall take effect immediately upon adoption by the Board of County Commissioners.
ORDINANCE-COUNTY CODE CHAPTER 2.35 - COMPOST PROCUREMENT POLICY PAGE 3
AS-12825
BOCC Agenda
Meeting Date: 05/23/2023
ARPA Beneficiary Agreement - Friends of Castle Rock Library
Submitted For: KayLee McKay
Department: Auditor
Subject and Summary Statement
Submitted By: KayLee McKay
Information
The Board of County Commissioners approved the request from the Friends of the Castle Rock Library for assistance to non-profits through the ARPA funding recieved by the County. Accorind to ARPA's final rule the County has the ability to assist non-profits with negative economic impacts due to the COVID-19 pandemic.
Will Staff Attend - NAME OF STAFF
Yes, KayLee McKay, Accounting Manager
Department Recommendation
Staff reccomend that BoCC approve the Beneficiary agreement with Friends of the Castle Rock Library to assist in there revenue decline due to COVID-19 impacts.
Fiscal Impact
Expenditure Required $: 1450
Budget Sufficient Y-N: Y
Amendment Required Y-N: N
Source of Funds - What Dept ? : ARPA
Grant Y-N: Y
Attachments
Beneficiary Agreement
Form Started By: KayLee McKay
Form Review
Consent B. 4.
Started On: 05/16/2023 10:29 AM
AS-12826
BOCC Agenda
Meeting Date: 05/23/2023
Amendment No. 1 to Agreement with PPC Solutions for Courier Services
Submitted For: Debra Gardner
Department: Treasurer
Subject and Summary Statement
Consent B. 5.
Submitted By: Ashley Claussen
Information
On April 20, 2021, the Board of County Commissioners executed Agreement No. 2021-0001-01 with PPC Solutions (Phoenix Security Corp) for courier services for various county departments. Services include transport of valuable assets and deposits for the Auditor, Treasurer, Clerk, District Court, Offender/Probation Services, Sheriff, Jail, Health and Human Services, and Public Works.
The attached Amendment No. 1 extends the agreement for one additional year and increases the contract amount by 6.2% for a new total amount of $12,514.68. This increase was determined by the Consumer Price Index in accordance with the terms of the initial agreement. This is the first of three contract extensions available.
Will Staff Attend - NAME OF STAFF No.
Department Recommendation
Staff recommends the Board of County Commissioners approve and execute Amendment No. 1 to the agreement with PPC Solutions, Inc.
Fiscal Impact
Expenditure Required $: 12,514.68
Budget Sufficient Y-N: Y
Amendment Required Y-N: N
Source of Funds - What Dept ? : various
Grant Y-N: N
Attachments
Amendment No. 1
Form Started By: Ashley Claussen
Form Review
Started On: 05/16/2023 12:41 PM
Amendment No One to Agreement No. 2021-0001-01 with PPC Solutions, Inc.
1. This Amendment No. One to Agreement No. 2021-0001-01 between Cowlitz County, Washington, (“COUNTY”), and PPC Solutions, Inc. (“CONTRACTOR”) shall take effect and be in force on the below stated date of authorization as agreed to by COUNTY and CONTRACTOR
2. COUNTY AND CONTRACTOR have entered into an Agreement for Courier Services, to wit: Board agenda item AS-11297 approved and executed by the Board of County Commissioners on March 23, 2021, which agreement will expire on April 30, 2023.
3. The COUNTY is now in need of continuing services under the original Agreement and CONTRACTOR is amenable to extending his/her services to COUNTY under the same terms and conditions of the original Agreement, and as set forth below.
4. Both COUNTY and CONTRACTOR agree to modify the original Agreement as in the parties’ best interests and in furtherance of the purposes and intent of this amendment, as set forth below:
a. Extend the end date of the Agreement to April 30, 2024
b. Increase the total Agreement amount by $12,514.68
5. Except as provided above in this Amendment No. One, all terms, conditions, duties, obligations and provisions of the original Agreement and any prior Amendment(s) shall remain in full force and effect.
The parties hereto have executed this agreement on this 1st day of May 2023, and each signatory to this Amendment No. One warrants that he/she is duly authorized and executes this Amendment for and on behalf of the below-inscribed parties hereto.
CONTRACTOR:
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON:
Richard R. Dahl, Chairman
Print name:
Title:
Sheila Leslie President
Date: ATTEST:
5.10.23
Kelly Dombrowsky Clerk of Board
Arne Mortensen, Commissioner
Dennis P. Weber, Commissioner
CONTRACT AMENDMENT FORM HAS BEEN APPROVED BY COWLITZ COUNTY PROSECUTING ATTORNEYS OFFICE
AS-12830 B. 6.
BOCC Agenda
Meeting Date: 05/23/2023
EASEMENT - Right of Way Easement Agreement - Cowlitz County and Weyerhaeuser Timber Holdings
Submitted For: Shawn Roewe, Public Works
Department: Public Works
Subject and Summary Statement
Submitted By: Emilie Cochrane, Public Works
Information
Attached is an easement agreement from Weyerhaeuser Timber Holdings, Inc. that will provide four (4) emergency evacuation routes for public use from the Headquarters landfill. The easement will be for a period of 2 years, for $10.00 in consideration.
Will Staff Attend - NAME OF STAFF or No
Yes
Department Recommendation
It is the recommendation of the Department of Public Works that the Board enter into this Easement Agreement with Weyerhaeuser Timber Holdings, Inc.
Fiscal Impact
Expenditure Required $: 10
Budget Sufficient Y-N: yes
Amendment Required Y-N: no
Source of Funds - What Dept ? : 40801-450100
Grant Y-N: n
Attachments
Easement Agreement Form
Form Started By: Emilie Cochrane
Review Inbox Reviewed By Date Susan Eugenis Susan Eugenis 05/16/2023 04:31 PM Mike Moss, Public Works Mike Moss 05/17/2023 07:59 AM
Started On: 05/16/2023 02:04 PM
LV2023-200-1712
Return Address:
Weyerhaeuser Company
220 Occidental Avenue South Seattle, WA 98104
Attn: Land Title
Title: RIGHT OF WAY EASEMENT AGREEMENT
Reference Number(s) of Documents assigned or released: N/A
Grantor: Weyerhaeuser Timber Holdings, Inc., a Delaware corporation
Grantee: Cowlitz County, a political subdivision of the State of Washington
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
S11-T9N-R1W: SE¼NE¼; SE¼
S12-T9N-R1W: W½NW¼
S13-T9N-R1W: SE¼NE¼; SE¼
S14-T9N-R1W: N½NE¼; SW¼NE¼; N½NW¼
S15-T9N-R1W: SW¼NE¼; N½SE¼; SW¼SE¼
S21-T9N-R1W: SW¼NE¼; N½SE¼
S22-T9N-R1W: SW¼NE¼; N½NW¼; SE¼NW¼; W½SW¼; SE¼SW¼; NW¼SE¼; E½SE¼
S23-T9N-R1W: S½SW¼; SE¼SE¼
S24-T9N-R1W: SE¼NE¼; SE¼
S25-T9N-R1W: NW¼NE¼; S½NE¼; N½NW¼; E½SE¼
S26-T9N-R1W: N½NE¼; N½NW¼
S27-T9N-R1W: N½NE¼; NE½NW¼
S1-T9N-R1E: NW¼SW¼
S2-T9N-R1E: Govt Lot 1; SE¼NE¼; NE¼SE¼
Page 1 of 19
Weyerhaeuser/Cowlitz County T2023-78ps/T0230228084
L23-0200
S4-T9N-R1E: SW¼NW¼
S5-T9N-R1E: SE¼NE¼; NE¼SW¼; NW¼SE¼
S7-T9N-R1E: Govt Lot 3; E½SW¼; SE¼
S8-T9N-R1E: W½NW¼; NW¼SW¼
S10-T9N-R1E: E½SE¼
S11-T9N-R1E: NW¼NE¼; S½NW¼; NW¼SW¼
S15-T9N-R1E: E½NE¼; N½SE¼ SW¼SE¼
S18-T9N-R1E: Govt Lots 1 and 2; NE¼NW¼
S22-T9N-R1E: W½NE¼; NE¼NW¼; N½SW¼; SW¼SW¼
S27-T9N-R1E: N½NW¼; SE¼NW¼; NE¼SW¼; S½SW¼
S28-T9N-R1E: SW¼SW¼
S29-T9N-R1E: N½SW¼; SE¼SW¼; S½SE¼
S30-T9N-R1E: Govt Lot 4; SE¼SW¼; S½SE¼
S31-T9N-R1E: Govt Lot 1; NW¼NE¼; NE¼NW¼
S33-T9N-R1E: S½NE¼; N½NW¼; SE¼NW¼
S34-T9N-R1E: W½NW¼; NW¼SW¼
S21-T10N-R1E: SE¼SE¼
S27-T10N-R1E: S½NW¼; E½SW¼; SW¼SE¼
S28-T10N-R1E: E½NE¼
S34-T10N-R1E: N½NE¼
S35-T10N-R1E: SW¼NE¼; NW¼SE¼; S½SE¼
Additional legal is on page _____ of document.
Assessor’s Property Tax Parcel
WF1101001; WF1201001; WF1301001; WF1401001; WF1501001; WF1501002; WF2104001; WF2201001; WF2203001; WF2301001; WF2401001; WF2501001; WF2601001; WF2701001
EE0101001; EE0201001; EE0401001; EE0504001; EE0705001; EE0801001; EE1001001; EE1101001; EE1501001; EE1801001; EE2201001; EE2702001; EE2801001; EE2901001; EE3001001; EE3101001; EE3301001; EE3401001
EF2104001; EF2709001; EF2703001; EF3311001; EF3401001; EF3501001; EF3506001
Weyerhaeuser/Cowlitz County T2023-78ps/T0230228084
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RIGHT OF WAY EASEMENT AGREEMENT
This Right of Way Easement Agreement (this “Agreement”), is effective as of the 25th day of April 2023, (the “Effective Date”) by and between WEYERHAEUSER TIMBER HOLDINGS, INC., a Delaware corporation (“Weyerhaeuser”), and COWLITZ COUNTY, a political subdivision of the State of Washington (“Grantee”). Weyerhaeuser and Grantee are sometimes referred to herein individually as a “Party”, and collectively as, the “Parties”.
RECITALS
Weyerhaeuser owns certain real property located in Cowlitz County, Washington, as is more particularly described in the attached Exhibit A (“Weyerhaeuser Property”).
Grantee desires to obtain from Weyerhaeuser, and Weyerhaeuser desires to grant Grantee, a perpetual, non-exclusive easement over a certain portion of the Weyerhaeuser Property that provides four (4) evacuation routes for public use from the landfill pursuant to the terms and conditions contained in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of TEN and NO/100 DOLLARS ($10.00), and the mutual covenants of the Parties set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree as follows:
1. Grant of Easement. Subject to the terms hereof, Weyerhaeuser, for and in consideration of the strict observance of and compliance with, the terms and conditions set forth in this Agreement, hereby grants to Grantee a perpetual, appurtenant, non-exclusive right of way easement over existing roads (the “Road”) located on the Weyerhaeuser Property and located approximately as shown on the attached Exhibit B (the “Easement Area”).
2. Purpose. The rights granted hereunder are conveyed by Weyerhaeuser for the purpose of providing Grantee four (4) emergency evacuation routes for vehicular ingress and egress to and from the landfill, and for no other purposes
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3. Permittees. Weyerhaeuser, its subsidiaries and affiliates, and all of their respective employees, agents, contractors, licensees, lessees, invitees, and assigns are sometimes referred to herein collectively as the “Weyerhaeuser Permittees”. Grantee’s employees, agents, contractors, licensees, lessees, invitees, and assigns are sometimes referred to herein collectively as the “Grantee Permittees” .
4. Reservation of Rights. Weyerhaeuser reserves for itself and the Weyerhaeuser Permittees, the right at all times for any purpose, to use, cross, recross, maintain, patrol and repair the Road in any manner that will not unreasonably interfere with the rights of Grantee Weyerhaeuser reserves the right to relocate the Road in Weyerhaeuser’s commercially reasonable discretion. As long as commercially reasonable alternative access exists to the landfill,WeyerhaeuserreservestherighttoabandontheRoadinWeyerhaeuser’scommercially reasonable discretion.
5. Non-Exclusive Easement; Third Parties. Weyerhaeuser may grant to third parties, including without limitation the Weyerhaeuser Permittees, upon such terms as it chooses, any or all of the rights reserved by it herein; provided, that use by such party shall be subject to the terms and conditions of this Agreement and shall not unreasonably interfere with the rights granted Grantee hereunder.
6. Road Maintenance. The cost of road maintenance and resurfacing shall be allocated between theParties onthebasis ofrespectiveuses oftheRoad. When any Party uses theRoad, or any portionthereof,that Party shall perform or cause to beperformed,or contribute or cause to be contributed, that share of maintenance and resurfacing occasioned by such use as hereinafter provided. During periods when theRoad or any portions thereof are solelyused by one Party, such Party shall maintain all or portions of the Road used to the standards existing at the time use is commenced. During periods when more than one party is using the Road or any portions thereof, the Parties shall meet and establish necessary maintenance provisions. Such provisions may include without limitation, and at Weyerhaeuser’s discretion, (a) the appointment of a maintainer, which may be one of the Parties or a mutually acceptable 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 portions thereof being used; and (b) a method of payment by which each party using the Road or portions thereof, shall pay its pro rata share of the cost incurred by said maintainer in maintaining or resurfacing the Road or portion thereof. In the absence of an agreement as set forth above, Weyerhaeuser shall have therighttomaintainandrepairtheRoadinitsdiscretionandtochargeanypartyusingtheRoad for its proportionate share of maintenance. 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 may be hereafter improved andtokeeptheroadway,roadstructureandroadfacilitiesincompliancewithApplicableLaws.
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7. Assumption of Risk. The Weyerhaeuser Property is used for logging, forestry and industrial operations and is maintained only to standards required for such use. Weyerhaeuser makes no representations as to the present or future condition of the Weyerhaeuser Property or the nature or condition of, or traffic on, any roads or trails, and Grantee assumes all risks of personal injury or property damage to Weyerhaeuser, Grantee, the Grantee Permittees, the Weyerhaeuser Permittees, any other third parties, and to the employees, representatives, invitees or contractors of any of them, in connection with the exercise of rights hereunder.
8. Grantee’s Responsibilities. Grantee shall:
a. Take all reasonable precaution to prevent unauthorized persons from using the Road;
b. Keep all existing gates, and any that may be installed on the Road in the future, closed andlocked; provided, however, that theParties may,from timetotimeleave gates (if any) on the Road open for reasonable extended periods during regular business hours in order to facilitate active timber harvest and other commercial operations of the Parties;
c. Not drive with excessive speed upon the Roads;
d. Immediately report to Weyerhaeuser any dangerous or defective condition with respect to any portion of the Road;
e. Comply, and ensure that Grantee Permittees comply with all applicable local, state and federal laws, rules and regulations (collectively, “Applicable Laws”) with respect to the use of the Road and the Easement Area, as well as all rules and responsibilities set forth herein;
f. Ensure that any exercise of rights under this Agreement by Grantee or Grantee Permittees shall not unreasonably obstruct, interfere with or prevent the use and enjoymentoftheWeyerhaeuserProperty(includingbutnotlimitedtotheEasement Area) by Weyerhaeuser or Weyerhaeuser Permittees; and
g. Comply,and ensurethatGranteePermittees comply, withall reasonableroadrules, regulations and restrictions that Weyerhaeuser may, from time to time, promulgate in its sole and absolute discretion, including (without limitation) restrictions on weight, speed and use during adverse weather or fire conditions reasonably necessary to protect the Weyerhaeuser Property, Road, and timber.
9. Indemnity. Grantee shall defend, indemnify, and hold harmless Weyerhaeuser, Weyerhaeuser Permittees, and their respective subsidiaries and affiliates, and all of their respective directors, officers,employees, contractors,lessees, licensees, and agents for, from and against all claims, demands, judgments, assessments, damages, penalties, fines, costs, liabilities or losses including, without limitation, sums paid in settlement of claims, attorneys’ fees, consultant fees, and expert fees (collectively “claims”) arising from any act or omission of Grantee and/or Grantee Permittees under this Agreement or otherwise arising
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in connection with activities of Grantee and/or Grantee Permittees on or around the Easement Area or other land owned, controlled, or leased by Weyerhaeuser or its subsidiaries or affiliates, except to the extent such claims are caused by Weyerhaeuser’s sole negligence. This includes, without limitation, any claims for: injury to or death of persons; damage to property; timber trespass; nuisance; mechanics’ and materialmen’s liens; workers’ compensation and unemployment taxes; fines and penalties; release of hazardous substances including, without limitation, petroleum products and chlorinated solvents; and claims arising from Grantee’s and/or Grantee Permittees’ activities hereunder. Grantee shall take all steps needed to keep the Weyerhaeuser Property free of liens arising from Grantee’s and/or Grantee Permittees’ activities, and promptly obtain or bond the release of any such liens that may be filed. This indemnity shall survive any termination or expiration of this Agreement.
10. Timber. Grantee shall not sever or damage any timber outside of the Easement Area or on the Weyerhaeuser Property.
11. Insurance. Before commencing any activities under this Agreement, Grantee shall, at its own cost and expense, secure a policy or policies of insurance, and, during the term of this Agreement, maintain such insurance, in a form, and with companies with at least an A.M. Best Rating of A- VIII or better (or in the absence of an A.M. Best Rating, insurance companies acceptable to Weyerhaeuser), insuring against liability resulting from or attributable to the activities of Grantee, Grantee Permittees, and/or other persons acting for or on behalf of Grantee, with the following minimum coverages:
11.1 Commercial generalliabilityinsurancewithacombinedsinglelimit ofnot less than Two Million Dollars ($2,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for bodily injury and property damage, including coverage for: operations and completed operations; independent contractors; blanket contractual liability (including liability assumedundertheindemnificationparagraphofthisAgreement);explosion;collapse;wildfire; and underground damage if blasting or excavation is to be done; and automobile liability insurance covering owned, hired and non-owned vehicles (including the “pollution from autos endorsement”). The policies shall designate Weyerhaeuser Company, Weyerhaeuser Timber Holdings, Inc. and each of their respective subsidiaries and affiliates as Additional Insureds and shall be evidenced by copy of the Additional Insured Endorsement attached to the Certificate of Insurance with respect to the performance of this Agreement. The coverages shall be primary, exclusive of any coverage carried by Weyerhaeuser, and shall be exhausted first notwithstanding that Weyerhaeuser may have other valid and collectible insurance covering the same risk. Nothing in this Section shall reduce Grantee’s obligations under this contract. Grantee’s procurement and/or maintenance of insurance shall not be construed as a limitation of liability or as full performance of the indemnification and hold harmless provisions of this Agreement. The required insurance limits are minimums and will not limit the insurance available to Weyerhaeuser as an Additional Insured.
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11.2 Workers' Compensation insurance providing benefits as required by local law.
11.3 Employer's liabilityinsurancecovering Granteeandall ofits employees having limits of One Million Dollars ($1,000,000).
11.4 Coverages in this Section 11 may be reviewed by Weyerhaeuser and revised in Weyerhaeuser’s reasonable discretion from time to time, as dictated by economic or legal considerations, or to conform to the applicable prevailing insurance requirements, and Weyerhaeuser reserves the right to make reasonable changes to the amounts and types of insurance limits and policies required under this Agreement
On or before mutual execution of this Agreement, Grantee shall deliver to Weyerhaeuser certificates from Grantee's insurancecarrier evidencing the coverages described herein along with copies of the applicable endorsements, and shall provide such further evidence to Weyerhaeuserwhich shall establish that the insurance requiredpursuant toSection 11 has been secured. In the event of cancellation of any required insurance it is hereafter the specific responsibility of Grantee to notify Weyerhaeuser immediately and to reinstate immediately the cancelled insurance or to immediately purchase replacement insurance that meets the requirements of this contract. If coverage is reinstated or if replacement insurance is purchased Grantee is to deliver replacement certificate(s) and additional insured endorsements immediately to Weyerhaeuser.
12. Assignment. This Agreement shall be freely assignable by Weyerhaeuser in its sole and absolute discretion. Grantee shall not assign or transfer (including by merger, operation of law, or otherwise), any of its rights under this Agreement without the prior written consent of Weyerhaeuser, which consent shall not be unreasonably withheld.
13. Liability for Loss or Damage. Grantee shall be liable to Weyerhaeuser for, and herebycovenants to payfor,all loss or damageto any Weyerhaeuserproperty,real, personal, or otherwise, caused by or resulting from Grantee's or the Grantee Permittees’ exercise of rights hereunder.
14. Title. Weyerhaeuser does not warrant the title to the land traversed by the Easement and shall have no liability of any kind or nature to Grantee in the event of failure of said title.
15. Land Uses and Practices Grantee recognizes that Weyerhaeuser's lands in the area are managed for commercial forestry including logging, slash burning, other fire control, silvicultural site preparation, forest roads, aerial and ground application of forest chemicals, and other silvicultural practices which often create noise, dust, visual impacts and other alterations of the forest environment. In conducting such operations Weyerhaeuser will comply with all laws and regulations applying in commercial forest areas. No additional
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restrictions shall be imposed on Weyerhaeuser's forest management operations because of proximity to any uses of Grantee's lands dependent on or facilitated by the rights of Grantee under this Agreement.
16. Environmental Matters. Grantee and Grantee Permittees are prohibited from managing, using, transporting, generating, and disposing of any Hazardous Substance in violation of Environmental Laws or substances deemed illegal under Applicable Laws on the Easement Area, roads, or Weyerhaeuser Property. For purposes of this Agreement, the term “Environmental Laws” means any federal, state, local law, statute, ordinance, regulation or order and all amendments thereto pertaining to human health, environmental conditions, or Hazardous Substances applicable to the Weyerhaeuser Property, including (without limitation) the Endangered Species Act, 16 U.S.C. § 1531-1544 (1998) and any Amendments thereto (the “ESA”). For purposes of this Agreement, the term “Hazardous Substance” shall mean any hazardous or toxic substances, materials or wastes, or pollutants or contaminants as defined, listed or regulated by any Environmental Laws or by common law decision including, without limitation, chlorinated solvents; petroleum products or byproducts; asbestos; and polychlorinated biphenyl. In addition to the foregoing, in no event shall Grantee use or allow any Grantee Permittee to use any product containing glyphosate on or around the Easement Areas or Weyerhaeuser Property, regardless of whether or not permitted under Applicable Law. In addition to all other indemnities set forth herein, Grantee shall save, protect, defend, indemnify, and hold harmless Weyerhaeuser, its property and Weyerhaeuser Permittees, from and against any and all loss, damage, cost, expense, or liability (including reasonable attorney fees) and the reasonable costs of repairs and improvements necessary to return the Easement Area, the roads, the property or any other lands owned, leased, or controlled by Weyerhaeuser to the physical condition existing prior to Grantee and/or Grantee Permittees undertaking any activity related to any Hazardous Substance to the extent arising out of or attributable to Grantee’s and/or Grantee Permittees’ use, manufacture, storage, release, or disposal of a Hazardous Substance or other illegal substance thereupon in violation of Applicable Laws, including (without limitation) Environmental Laws. This provision shall survive the expiration or earlier termination of this Agreement.
17. Improvements. Grantee shall not make any improvements to the Easement Area or the Road without the prior written consent of Weyerhaeuser, which consent shall not be unreasonably withheld, conditioned, or delayed. Furthermore, unless the Parties agree in writing to share the cost of improvements to the Easement Area or the Road, such improvements shall be made at the sole cost and expense of the improver and shall be the exclusive property of Weyerhaeuser upon termination of this Agreement.
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18. Fire Suppression and Control. Grantee shall comply with all laws and regulations pertaining to fire protection and suppression andtake every possible precaution to prevent fires from igniting on the Weyerhaeuser Property or spreading onto other Weyerhaeuser lands. In case of fire, Grantee shall immediately notify Weyerhaeuser and appropriate government agencies, and shall make every effort to suppress or contain the fire. Grantee shall indemnify, defend and reimburse Weyerhaeuser for all damages and claims (including loss or damage of timber, and fire suppression costs) resulting from fires caused by Grantee’s and/or Grantee Permittees’ activities, even if not attributable to the negligence.
19. Successors and Assigns. The rights and obligations herein shall inure to the benefit of and be binding upon the respective heirs, devisees, successors and assigns of the Parties
20. Prior Rights. This grant and all rights hereunder are subject to all liens, easements, servitudes, rights of way, oil, gas, and mineral leases, and all other grants or reservations either of record or on the ground affecting the Weyerhaeuser Property. By this grant, Weyerhaeuser grants no greater rights than it is permitted to grant in view of such encumbrances.
21. Termination/Restoration. If for a period of one (1) year Grantee shall cease to use, or preserve for prospective future use, the Easement Area or any portion thereof, for the purposes herein granted, this Agreement shall terminate. Weyerhaeuser may also terminate this Agreement for breach by Grantee of any terms or obligations contained in this Agreement or, in its discretion, suspend all rights of Grantee under this Agreement until the breach has been cured. Upon termination of this Agreement Grantee shall cease all business operations and vacate and surrender the Easement Area. Grantee shall surrender the Easement Area in as good, or better, condition as upon commencement of this Agreement at Grantees sole expense. Upon termination, Grantee and Weyerhaeuser shall meet to discuss the restoration requirements which may include the removal of all personal or other property of Grantee from the Easement Area. Grantee shall leave all existing roads and crossings in a condition suitable to Weyerhaeuser, in Weyerhaeuser’s sole discretion, for truck traffic and equipment use. All restoration shall be done at Grantee’s sole expense unless otherwise agreed in writing by Weyerhaeuser
22. Severability; Relation to Existing Law. If any provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, or public policy, all other conditions and provisionsofthis Agreementshall nevertheless remain in fullforceandeffect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner adverse to either Party. Upon any such determination, the Parties shall negotiate in good faith to modify this Agreement so as to affect the original intent of the Parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the extent possible. Notwithstanding any other provision of this Agreement, the invalidation of any provision herein relating to the Parties’
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remedies shall not be interpreted to prevent an injured Party from seeking actual damages. If subsequent to the date of this Agreement valid State or Federal laws or regulations governing the relationship between Weyerhaeuser and Grantee take effect, this Agreement shall be considered to incorporate such laws or regulations so long as they shall be effective, and any provision of this Agreement in conflict therewith shall during such period be void.
23. Waiver. No failure of either Party to exercise any power given hereunder or to insist upon strict compliance with any obligations specified herein, and no custom or practice at variance with the terms hereof, shall constitute a waiver of any Party’s right to demand strict compliance with the terms hereof; provided, however, that any Party may, at its sole option, waiveanyrequirement,covenant orcondition herein established forthebenefit ofsuch Party without affecting any of the other provisions of this Agreement.
24. Subordination. Any mortgage or deed of trust affecting any portion of the Easement Area shall at all times be subject and subordinate to the terms and conditions of this Agreement, and any party foreclosing any such mortgage or deed of trust, or acquiring title by deed in lieu of foreclosure or trustee’s sale, shall acquire title subject to all the terms and conditions of this Agreement.
25. Entire Agreement; Construction. This Agreement sets forth the entire and complete agreement between the Parties with respect to the subject matter hereof. Any prior agreements, commitments, or representations, express or implied, between the Parties are superseded by this Agreement. This Agreement may be altered, amended, or repealed only by a written instrument executed by both Parties. No provisions of this Agreement shall be construed against or interpreted to the disadvantage of any Party hereto by any court or governmental orjurisdictionalauthoritybyreason ofsuchPartyhaving been deemedto have structured, written, drafted or dictated such provisions. The Recitals to this Agreement and the Exhibits attached to this Agreement are incorporated herein by this reference. The captions and headings of this Agreement are for convenience only and shall not define, limit, or describe the applicability, scope, meaning, or intent of any provision of this Agreement. Capitalized terms which are defined in the recitals hereof shall have the meaning given.
26. Attorneys’ Fees. In the event any arbitration, action, suit or legal proceeding is instituted by either Party to this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party both reasonable attorney fees and reasonable expert witness fees as determined by the court or arbitration panel, both at trial and on appeal or review and in bankruptcy, whether or not the matter in dispute involves an issue peculiar to federal bankruptcy law. Attorney fees and expert witness fees shall be in addition to other costs and disbursements allowed by law. “Prevailing Party” shall be determined by the arbitrator, or any court, as the true prevailing party (not statutorily prevailing party) after taking into consideration any settlement offers made by the Parties and the number and importance of issues to be determined.
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27. Survival. All representations, indemnities and warranties set forth in this Agreement, and provisions explicitly or implicitly indicated as surviving, shall survive the expiration or termination of this Agreement and be fully enforceable thereafter.
28. Disputes. If disputes arise under this Agreement, the Parties will first attempt to negotiate a solution through the following process: (a) the initiating Party will present a written explanationofthedisputeandtheremedyrequested;(b)within14businessdaysafterreceiving such a statement, the other Party will respond by either agreeing to the requested remedy, counter-proposingadifferent remedy, orexplainingwhytheissuedoes not justify any remedy; and (c) if the matter is not settled within 10 days after the response is received by the initiating Party, the dispute shall be settled by binding arbitration. If the Parties are not able to promptly agree on an arbitrator and the arbitration rules to be used, the initiating Party may offer a list of at least5 candidates forarbitratorand thearbitrationrules eachcandidatewoulduseifselected, and the responding Party will choose the arbitrator from that list. Each candidate must have at least 15 years of real estate and timberlands law experience and special training or experience in arbitration of business disputes. The arbitration award shall be final and binding on the Parties and judgment on any award may be enforced in any court having jurisdiction thereof. The arbitration shall be held in King County, Washington.
29. Notices. All notices required or permitted to be given hereunder, or given in regard to this Agreement by one Party to the other, shall be in writing and the same shall be given and be deemed to have been served, given and received (i) if delivered by hand, when delivered in person, (ii) if sent by reputable overnight courier (such as Federal Express or UPS), on the next business day following the date on which the notice was sent, or (iii) if mailed, when placed in the United States mail, postage pre-paid, by certified mail, return receipt requested, addressed to the Party at the address hereinafter specified. Any Party may change its address for notices by giving five (5) days advance written notice to the other Partyheretointhemannerprovidedforherein. Untilchangedinthemannerprovidedherein, the Parties’ respective addresses are as follows:
If to Weyerhaeuser: Weyerhaeuser Timber Holdings, Inc.
Land Use Manager
P.O. Box 190
Castle Rock, WA 98611
With a copy to:
Weyerhaeuser Company
Law Dept. HQ7
220 Occidental Avenue South Seattle, WA 98104
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If to Grantee: Cowlitz County 30. Governing Law; Venue This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington. In addition, the Parties agree that in the event of any dispute concerning this Agreement, venue for any cause of action arising out of, or having to dowith, this Agreement shall be, and is, in State or Federal Court serving the county in which the Easement Area is located. The Parties waive any right to a claim of forum non conveniens
[Signatures appear on the following page]
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IN WITNESS WHEREOF, this Agreement is executed on the date of the acknowledgment below but shall be effective for all purposes as of the Effective Date.
WEYERHAEUSER TIMBER HOLDINGS, INC.
By:
Printed Name:
Title:
STATE OF WASHINGTON ) )
COUNTY OF KING )
On this _____ day of ___________, 20__, before me personally appeared ____________________________ to me known to be the _________________________, of WEYERHAEUSER TIMBER HOLDINGS, INC., 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 s/he is 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 mentioned.
Notary Public in and for the State of Washington
Printed Name: ________________________ Residing at: __________________________
My appointment expires:
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IN WITNESS WHEREOF, this Agreement is executed on the date of the acknowledgment below but shall be effective for all purposes as of the Effective Date.
COWLITZ COUNTY
Printed Name: Title: ___________________________
STATE OF ) ) COUNTY OF )
On this _____ day of ___________, 20__, before me personally appeared ____________________________ to me known to be the _________________________, of COWLITZ COUNTY, the county that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said county, for the uses and purposes therein mentioned, and on oath stated that s/he is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above mentioned.
Notary Public in and for the State of My appointment expires:
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EXHIBIT A
The Weyerhaeuser Property
Cowlitz County, Washington
TOWNSHIP 9 NORTH, RANGE 1 WEST, WILLAMETTE MERIDIAN:
Section 11: SE¼NE¼
SE¼
Section 12: W½NW¼
Section 13: SE¼NE¼
SE¼
Section 14: N½NE¼
SW¼NE¼
N½NW¼
Section 15: SW¼NE¼
N½SE¼
SW¼SE¼
Section 21: SW¼NE¼
N½SE¼
Section 22: N½NW¼
SE¼NW¼
W½SW¼
SE¼SW¼
E½SE¼
Section 23: S½SW¼
SE¼SE¼
Section 24: SE¼NE¼
SE¼
Section 25: NW¼NE¼
S½NE¼
N½NW¼
E½SE¼
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TOWNSHIP 9 NORTH, RANGE 1 WEST, WILLAMETTE MERIDIAN:
Section 26: N½NE¼
N½NW¼
Section 27: N½NE¼
NE¼NW¼
TOWNSHIP 9 NORTH, RANGE 1 EAST, WILLAMETTE MERIDIAN:
Section 1: NW¼SW¼
Section 2: Govt Lot 1
SE¼NE¼
NE¼SE¼
Section 4: SW¼NW¼
Section 5: SE¼NE¼
NE¼SW¼
NW¼SE¼
Section 7: Govt Lot 3
E½SW¼
SE¼
Section 8: W½NW¼
NW¼SW¼
Section 10: E½SE¼
Section 11: NW¼NE¼
S½NW¼
NW¼SW¼
Section 15: E½NE¼
N½SE¼
SW¼SE¼
Section 18: Govt Lots 1 and 2
NE¼NW¼
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TOWNSHIP 9 NORTH, RANGE 1 EAST, WILLAMETTE MERIDIAN:
Section 22: W½NE¼
NE¼NW¼
N½SW¼
SW¼SW¼
NW¼SE¼
Section 27: N½NW¼
SE¼NW¼
NE¼SW¼
S½SW¼
Section 28: SW¼SW¼
Section 29: N½SW¼
SE¼SW¼
S½SE¼
Section 30: Govt Lot 4
SE¼SW¼
S½SE¼
Section 31: Govt Lot 1
NW¼NE¼
NE¼NW¼
Section 33: S½NE¼
N½NW¼
SE¼NW¼
Section 34: W½NW¼
NW¼SW¼
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TOWNSHIP 10 NORTH, RANGE 1 EAST, WILLAMETTE MERIDIAN:
Section 21: SE¼SE¼
Section 27: SW¼SE¼
S½NW¼
E½SW¼
Section 28: E½NE¼
Section 34: N½NE¼
Section 35: SW¼NE¼
NW¼SE¼
S½SE¼
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EXHIBIT B
AS-12822
BOCC Agenda
Meeting Date: 05/23/2023
EASEMENT - Perpetual Right of Way Easement for County Road Purposes - Three Rivers Wastewater Authority
Submitted For: Patrick Harbison, Public Works
Submitted By: Emilie Cochrane, Public Works
Department: Public Works
Subject and Summary Statement
Information
Westrock is proposing to dedicate approximately 11,000 square feet of right of way over property owned by Three Rivers Regional Wastewater Authority, south of Fibre Way. The proposed right of way is where a right-turn lane will be constructed in conjunction with the current project at the Westrock Paper Mill.
Will Staff Attend - NAME OF STAFF or No
Yes
Department Recommendation
It is the recommendation of the Department of Public Works that the Board move to accept the proposed Perpetual Right of Way Easement and authorize the Chair to sign said easement.
Attachments
B. 7.
Easement Form Review Inbox Reviewed By Date Stop has been removed Doug Jensen 05/17/2023 10:02 AM Susan Eugenis Susan Eugenis 05/16/2023 04:29 PM Mike Moss, Public Works Mike Moss 05/17/2023 07:53 AM Form Started By: Emilie Cochrane Started On: 05/16/2023 09:21 AM
AS-12827
BOCC Agenda
Meeting Date: 05/23/2023
Letter dated 5/23/23 Appointing Julia Starr to the Yale Valley Library District Trustee
Submitted For: Kelly Dombrowsky, Clerk of the Board
Submitted By: Kelly Dombrowsky, Clerk of the Board
Department: Commissioners Office
Subject and Summary Statement
Information
Consent 8. a.
Letter dated 5/23/2023 to Julia Starr appointing her to the Yale Valley Library District Trustee. This is a 5-year term that will expire July 31, 2028.
Will Staff Attend - NAME OF STAFF
Department Recommendation
Attachments
Letter
Form Started By: Kelly Dombrowsky
Final Approval Date: 05/16/2023
Form Review
Started On: 05/16/2023 12:50 PM
