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02022009 Port of Pasco Development Agreement
RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: 2ona G.Lenhart.Auditor,Franklin County,WA. AFN#1730978 Recorded 03104!2009 at 09:23 AM Meridee E.Pabst DocType:AGREE 34 Page(s)Filing instrument$75.00 Recorded at the request of:VFCKY KELLER Miller Nash LLP 500 East Broadway,Suite 400 Post Office Box 694 Vancouver,Washington 98666-0694 Zona G. Lenhart,Auditor,Franklin County,WA. AFN#1730836 Recorded 0310212009 at 09:35 AM DocType:AGREE 34 Page(s)Filing Instrument$73.00 Recorded at the request of:PORT OF PASCO DEVELOPMENT AGREEMENT Grantor Port of Pasco Grantee City of Pasco,Washington Abbreviated Legal Secs. 3 and 4, T8N, R30E, WM; Secs. 32, 33, and 34, T9N, R30E, WM Assessor's Tax Parcel No(s). 112-342-340; 112-420-020; 112-420-021; 112-510-080; 112-420-014 Other Reference No(s). Feb-ective Date: /�- 2 , 200 ( 9 Parties: PORT OF PASCO, a Washington municipal corporation 904 East Ainsworth Avenue Post Office Box 769 Pasco, Washington 99301 (hereinafter referred to as "the Port") and CITY OF PASCO,WASHINGTON, a municipal corporation 525 North Third Avenue Post Office Box 293 Pasco, Washington 99301 (hereinafter referred to as "the City"). RECITALS A. The Port owns certain real property within the City, known as the Big Pasco Industrial Center, totaling approximately 500 acres, for the development of Port projects, VANDOCS:50073907.10 2-1 hereinafter referred to as the "Port Property." The Port Property is legally described in Exhibit "A." B. The Port Property is currently zoned Light Industrial (I-1) and Heavy Industrial (1-3), as depicted on the map attached as Exhibit "B." Similarly, the comprehensive plan designations for the Port Property are Light Industrial and Heavy Industrial. C. For purposes of completing the development of the Port Property, the Port has applied for and received a shoreline substantial development permit pursuant to Title 4 of the Pasco Municipal Code (PMC) and the City's Shoreline Management Master Program ("SMMP") for a proposed master plan (the "Master Plan"). The Master Plan approval is found in the staff report and decision dated July 14, 2008. A reduced copy of the approved master plan is attached as Exhibit "C." D. The approved Master Plan includes a mix of flexible space for light manufacturing, office, or warehouse use; heavy manufacturing; commercial uses, including retail and restaurants; transportation facilities, including rail and docks; outdoor storage; accessory uses; and recreational facilities, including an amphitheatre, floating docks, trails, water features and open space. The Master Plan is divided into four general areas: (1) the Riverfront Business Park; (2) the Expansion Area; (3) the Retention Area; and (4) the Rail/Barge Terminal Area, E. The Port has prepared a conceptual site plan for the Riverfront Business Park (the "Conceptual Site Plan"),which includes building layout, parking areas, and open space areas. This site plan illustrates land use areas for office/commercial uses, office uses, industrial/office flex uses, and industrial/warehouse uses. A reduced copy of the Conceptual Site Plan is attached as Exhibit "D." F. The Port and the City are entering into a memorandum of agreement to proceed with joint planning for certain property located west of the Port Property (the "Planning MOA"). G. The parties desire to enter into this Development Agreement to govern the development of the Port Property, including vesting as to the permitted uses and to the development standards and regulations in a manner that is consistent with the Master Plan and Conceptual Site Plan. H. Pursuant to RCW 36.70B.170(1), the parties are authorized to enter into a Development Agreement that sets forth provisions that apply to and govern and vest the development and use of the Port Property. NOW, THEREFORE, the parties agree as follows: -2- VANDOCS:50073907.10 1. Recitals. The recitals are hereby incorporated into the parties' agreement and shall be binding on the parties as terms of this Development Agreement. 2. Purpose. The purpose of this Development Agreement is to: 2.1 Set forth the development standards and regulations that will govern the development of the Port Property. 2.2 Establish certainty and predictability in the development review process. 2.3 Vest the Master Plan and Conceptual Site Plan under the provisions of the PMC in effect at the time identified in this Development Agreement, including the permitted uses of the Port Property and the applicable development standards and regulations. 3. Property Governed. This Development Agreement governs the development of the real property the City approved for the Master Plan and Conceptual Site Plan, legally described in Exhibit "A." In the event that the joint planning efforts initiated with the Planning MOA lead to the adoption of a master plan for the development of certain properties west of the Port Property, the parties may add such properties to those governed by this Development Agreement through the execution and recording of an addendum to this Development Agreement. 4. Master Plan/Conceptual Site Plan. The attached Master Plan and Conceptual Site Plan provide the basis for planning the future development of the Port Property. More detailed plans will be prepared and submitted to the City for project approval as site- specific projects evolve and in response to market conditions. Such detailed plans may vary from the Master Plan and Conceptual Site Plan, so long as they are: (a) consistent with the development regulations to which the Port Property is vested under this Development Agreement; and (b) within the overall scope of uses and building areas contemplated in the Master Plan and Conceptual Site Plan. Changes to matters such as the specific locations of building pads will be addressed through the City's usual project permitting process and will not require an amendment to this Development Agreement. 5. Zoning and Permitted Uses. The Port Property is zoned I-1 and I-3 on the City's current zoning map, as shown in Exhibit "B." The parties acknowledge and agree that the Port is entitled to develop all of the Port Property with all of the uses permitted in these two districts, respectively, and all of the proposed uses indicated on the Master Plan and Conceptual Site Plan and identified in the City's case file#SMP08-001. Specifically: 5.1 I-1 Property. The permitted uses are those described in PMC 25.52.020 (permitted outright); PMC 25.52.030 (accessory uses); and PMC 25.52.040 (conditional uses). -3 - VAN©OCS:50073907.10 5.2 1-3 Property. The permitted uses are all of those not otherwise prohibited by law, except the following prohibited uses: (1) Single-family dwellings; (2) Multiple family dwellings; (3) Public and private schools except for apprenticeship and vocational training programs; and (4) Community service facilities. 6. Development Standards and Regulations. The proposed development shown in the Master Plan and Conceptual Site Plan is allowed in the City's Light Industrial and Heavy Industrial zones. Therefore, consistent with the nature of the Port's proposed development and consistent with the City's comprehensive plan and the zoning districts identified above and other applicable land use regulations, the following policies, standards, and documents in effect on the vesting date described in Section 7 below, govern the build-out of the Master Plan and Conceptual Site Plan: 6.1 The SMMP. 6.2 Title 23 PMC, governing Environmental Impact, including Chapter 23.11, Critical Lands Protection. 6.3 Title 24 PMC, governing Floodplains. 6.4 Title 25 PMC, governing Zoning. 6.5 Title 26 PMC, governing Subdivision Regulations. 7. Vested Rights. The parties agree that the development of the Port Property is vested as of the date on which the City Council approved this Development Agreement, as to the permitted uses and development standards and regulations described in the City's zoning and other land use ordinances and codes in effect at that time, including but not limited to those identified in Section 6 above; provided that, the Port has agreed to develop transportation improvements in accordance with the City's streets and sidewalks standards in effect at the time of development, as provided in Section 8. This Development Agreement and the development standards and regulations incorporated by reference in this Development Agreement govern during the term of this Development Agreement, and any approved extensions, for all or that part of the build-out of the Master Plan and Conceptual Site Plan specified in this Development Agreement, and may not be subject to any amendment to a zoning ordinance, development standard, or land use regulation adopted after the effective date of the Development Agreement. Such above identified -4 - VANOOCS:50073507.10 development regulations shall vest with the benefit of the Port and its successors in interests, and are thereby applicable during the term of this Agreement. Any permit or approval issued by the City after the execution of this Development Agreement must be consistent with this Development Agreement. The development regulations adopted subsequent to the effective date of this Agreement, shall not be applicable to the Port Property, except as otherwise provided in this Agreement, or as may be required by subsequently adopted State or Federal statutes. Development of the Port Property shall, at all times, strictly conform to all applicable provisions of the City's Comprehensive Plan, zoning ordinances, and all other applicable laws, rules and regulations governing the development of the Port Property subject to those vested rights provided for in this Section 7. 8. Transportation Improvements. The Port will construct transportation improvements to serve the development of the Master Plan according to the City Streets and Sidewalks standards (Title 12) in effect at the time of development. 8.1 The Port will install a center left turn lane and curb and gutter on Ainsworth Avenue between Grey Street and Oregon Avenue. 8.2 All transportation improvements (including, without limitation, all right-of- way and utility improvements) within the Master Plan area, which are necessary to serve the Port Property and to mitigate impacts from the Master Plan development, shall be constructed by the Port; provided that, the Port may share the improvement costs with other landowner and/or developer parties according to any mechanism authorized by law, such as a statutory reimbursement agreement or a contract. 9. Public Use and Access. During the term of this Development Agreement, the Port shall preserve and maintain public use and access to the shoreline area lying landward for fifty (50) feet from the ordinary high water mark along the property shown in Exhibit "C," specifically in that portion of the property for which the river frontage is indicated as a "Public Access" area and over which an existing trail is marked in red, to protect the public's opportunity to enjoy the physical and aesthetic quality of the shoreline, including view of the water, and recreational use of the adjacent aquatic lands. The Port reserves the right to restrict public access to certain daylight hours and for other reasons protective of safety and security. 10. Utility Oversizing. The City desires that the utilities infrastructure installed upon the Port Property that may become the property of the City be sufficiently sized to meet the needs of the development of adjoining additional properties. The Port is agreeable to installing such utilities with greater capacities in connection with providing City utility -5 - VANDOCS:50073907.10 services for the Port Property, in consideration of the City's payment of the additional construction costs required to accommodate the City's request for expanded capacity. 11. Impact Fee Credits and Latecomer Fees. Nothing contained in this Development Agreement shall preclude the Port from receiving impact fee credits to the extent available under the terms of the applicable provisions of Washington state statutes and the PMC and/or latecomer fees pursuant to a latecomer agreement. 12. Conforming Use. Notwithstanding any future change in the comprehensive plan or zoning designation for the Port Property, the City acknowledges and agrees that so long as any future uses of the Port Property are provided for in this Development Agreement, such uses shall be and remain legal conforming uses. 13. Environmental Review. In approving the Master Plan and Conceptual Site Plan, the City complied with the State Environmental Policy Act. Potential future environmental review of plans for development according to the Master Plan and Conceptual Site Plan shall be governed by WAC 197-11-600 (When to use existing environmental documents), or as it is hereafter amended and/or recodified. 14. Term. The initial term of this Development Agreement shall be for fifteen (15) years from the effective date of this Agreement, with the Port entitled to extend the term according to this section, after approval by the City by resolution. The City will grant one fifteen-year extension upon a demonstration that: (a) the Port has proceeded in good faith in developing the Master Plan and Conceptual Site Plan; (b) the Port has obtained building permits for no less than two (2) buildings in the Master Plan and Conceptual Site Plan; and (c) there has been no substantial change in circumstances in the immediate area which would cause the Master Plan and Conceptual Site Plan to be incompatible with either the surrounding uses or the land use designations in the Comprehensive Plan in effect at the time of extension. 15. Required Public Hearing. This Development Agreement is authorized by a Resolution of the City Council of the City of Pasco following a hearing as required by RCW 36.70B.170. 16. Default. In the event either party fails to perform the terms and provisions of this Development Agreement, which failure continues uncured for a period of sixty (60) days following written notice from the other party (unless the parties have mutually agreed in writing to extend this period) shall constitute a default under this Agreement. Any notice of default shall specify the nature of the alleged default and, where appropriate, the manner in which the alleged default may be satisfactorily cured. If the nature of the alleged default is such that it cannot be reasonably cured within the sixty (60) day period, then the commencement of actions to cure the alleged default within the sixty (60) day period and diligent prosecution of such actions necessary to complete the cure of the alleged default, -6- VANDOCS:50073907.10 shall be deemed to be a cure within the sixty (60) day period. Upon a default of this Agreement that is not cured as provided above, the non-defaulting party may institute legal proceedings to enforce the terms of this Agreement. If the default is cured, then no default exists, and the noticing party shall take no further action. 17. Extension of Time for Performance. Notwithstanding anything to the contrary contained in this Agreement, neither party shall be deemed to be in default where delays and performance or failures to perform are due to war, insurrection, strikes or other labor disturbances, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, restrictions imposed or mandated by other governmental entities, enactment of conflicting state of federal laws or regulations, extended appeals by third parties or similar basis for excused performance which are not within the reasonable control of the party to be excused Upon the request of either party, an extension of time for such cause shall be granted in writing for the period of the forced delay, or longer, as may be mutually agreed upon. 18. Remedies. Either party may, in addition to any other rights or remedies, institute an action to cure, correct, or remedy any default; enforce any covenant or agreement set forth herein; enjoin any threatened or attempted violation of this Agreement, enforce by specific performance the obligations and rights of the parties to this Agreement, or obtain any remedies consistent with the foregoing and the purpose and intent of this Agreement. In the event of a dispute arising out of or relating to this Agreement, whether or not suit or other proceedings are commenced and whether in mediation, arbitration, at trial on appeal, or in administrative proceedings, the substantially prevailing party shall be entitled to its costs and expenses incurred, including reasonable attorney's fees. Venue shall be in Franklin County, Washington. 19. Negotiation and Arbitration. The parties will try to resolve disputes through informal good faith negotiations, with either party having the right to declare an impasse in the informal negotiation. Disputes not resolved through negotiation or mediation will be resolved by arbitration, with each party choosing an arbitrator and two arbitrators choosing a third. The majority decision of the arbitrators will bind all parties. Unless awarded otherwise by a majority of the arbitrators, the parties will share equally the fees and expenses of the arbitrators. The arbitration will be conducted under RCW 7.04A, and the Superior Court Rules for Mandatory Arbitration (MAR). This dispute resolution clause shall survive termination of this Agreement. 20. Exception to Vesting/Serious Threat to Public Health. Nothing contained in this Development Agreement shall preclude the City from exercising any and all rights it has under RCW 36.70B.170 to address issues of public health and safety. In the event the City is faced with an unforeseen serious and immediate threat to public health, safety and welfare directly affecting this project, the City may, upon notice to the Port, propose new or different regulations applicable to the property than those established in Section 7 above. In such event, the City and the Port shall negotiate such new or different -7- VANDOCS:50073907.10 regulations to be applicable to the property. In the event the parties are unable to successfully renegotiate such new or different regulations, either party may seek immediate binding arbitration in accordance with the procedures established by RCW 7.04A and the Court Rules of Mandatory Arbitration (MAR). 21. Construction. This Development Agreement sets forth the entire agreement of the parties. This Agreement shall be construed as a whole. No amendment, change or modification of any provision of this Agreement shall be valid unless set forth in writing and signed by both parties. To the extent of any conflict with any City Zoning Rules and Regulations which may otherwise govern the Port Property, the terms and conditions of this Development Agreement shall prevail. 22. Waiver/Severability. The failure of either party to insist upon or enforce strict performance by the other party of any of the provisions of this Development Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment of any extent of such party's right to assert or rely upon any such provisions or rights in that or any other instance; rather, the same shall be and remain in full force and effect. The invalidity or enforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 23. Binding Effect. This Development Agreement, or a summary thereof, shall be recorded against the Property and shall run with the land, subject only to the express conditions or limitations of this Agreement, and shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. Upon assignment of this Development Agreement or the conveyance of any parcel of the Port Property to which this agreement is applicable, the assignee/grantee shall be deemed to assume all rights, obligations and liabilities set forth in this Agreement as they relate to such parcel. 24. Cooperation. Each party shall take such action (including, but not limited to the execution, acknowledgement and delivery of documents) as may reasonably be requested by the other party for the implementation or continuing performance of this Development Agreement. In the event of any administrative, legal or equitable action or other proceeding instituted by any person not a party to this Agreement challenging the validity of any provision of this Agreement, or any subsequent action taken consistent with this Agreement, the parties shall cooperate in defending such action or proceeding to settlement or final judgment, including all appeals. Each party shall select its own legal counsel and retain such counsel at its own expense. 25. Transfer or Assignment. The Port shall have the right to assign or transfer all or any portion of its interest, rights obligations or responsibilities under this Development Agreement, including all development approvals and all subsequent actions, to third parties acquiring an interest in the Port Property or any portion thereof, including, without -8- VANDOCS:50073907.10 limitation, purchasers, or long-term ground lessees of individual lots, parcels or any lots, or facilities comprising a portion of the projects. Any such transfers shall not release the Port from its obligations and responsibilities pursuant to this Agreement and any development approval unless the City has consented to such transfer in writing. In the event of a request for consent to a transfer, the City's consent shall not be unreasonably withheld, conditioned or delayed. Provided City consent is obtained for a transfer, any transfer agreement or document may (i) release the Port from obligations under this Agreement, including development approvals and any subsequent actions, that pertain to the portion of the Port Property being transferred, provided the transferee expressly assumes the Port's obligations and responsibilities; (ii) transfer to the transferee all vested rights to improve that portion of the Port Property being transferred; and (iii) may address any other matter deemed by the Port or the City to be necessary or appropriate in connection with the transfer or assignment. Written notice of any proposed transfer or assignment for which consent from the City is sought shall be mailed to the City at least thirty (30) days in advance of the proposed date of transfer. Failure of the City to respond within the thirty (30) day period after receipt of a request by the Port for such consent shall be deemed to be the City's approval of the transfer in question. All benefits and burdens to the real property described herein are intended to and shall run with the land and shall be enforceable upon and for the benefit of subsequent owners and successors in interest to all or any portion of the Port Property. 26. Warranty of Port's Authority. The Port hereby warrants to the City that the undersigned is authorized to negotiate and execute this Development Agreement and to bind the Port Property and all fee owners subject to and contingent upon acquisition of the property by the Port or its successors or assigns. 27. Warranty of City's Authority. The City is delegated with authority pursuant to RCW 36.70B.170, et al., to enter into Development Agreements as a proper exercise of municipal police power and contract authority. This Agreement is entered into pursuant to said authority. It is hereby warranted that the undersigned Mayor has and is authorized to enter into this Agreement. DATED this Zn— day of 1^Cb . , 2009. CITY OF PASCO PORT OF PASCO By: U By: Title: dyctr Title: -9- VANDOCS:50073907.10 limitation, purchasers, or long-term ground lessees of individual lots, parcels or any lots, or facilities comprising a portion of the projects. Any such transfers shall not release the Port from its obligations and responsibilities pursuant to this Agreement and any development approval unless the City has consented to such transfer in writing. In the event of a request for consent to a transfer, the City's consent shall not be unreasonably withheld, conditioned or delayed. Provided City consent is obtained for a transfer, any transfer agreement or document may (i) release the Port from obligations under this Agreement, including development approvals and any subsequent actions, that pertain to the portion of the Port Property being transferred, provided the transferee expressly assumes the Port's obligations and responsibilities; (ii) transfer to the transferee all vested rights to improve that portion of the Port Property being transferred; and (iii) may address any other matter deemed by the Port or the City to be necessary or appropriate in connection with the transfer or assignment. Written notice of any proposed transfer or assignment for which consent from the City is sought shall be mailed to the City at least thirty (30) days in advance of the proposed date of transfer. Failure of the City to respond within the thirty (30) day period after receipt of a request by the Port for such consent shall be deemed to be the City's approval of the transfer in question. All benefits and burdens to the real property described herein are intended to and shall run with the land and shall be enforceable upon and for the benefit of subsequent owners and successors in interest to all or any portion of the Port Property. 26. Warranty of Port's Authority. The Port hereby warrants to the City that the undersigned is authorized to negotiate and execute this Development Agreement and to bind the Port Property and all fee owners subject to and contingent upon acquisition of the property by the Port or its successors or assigns. 27. Warranty of City's Authority. The City is delegated with authority pursuant to RCW 36.70B.170, et al., to enter into Development Agreements as a proper exercise of municipal police power and contract authority. This Agreement is entered into pursuant to said authority. It is hereby warranted that the undersigned Mayor has and is authorized to enter into this Agreement. DATED this ��= day of o , 2009. CITY OF PASCO PORT OF PASCO By: cc By: 4 A Title: o Title: r e„ Je., -9- VANQOCS:50073907.10 ATTEST: v Clerk Approve ,to form: Exhibit Listing Exhibit "A" Legal Description of Port Property Exhibit "B" Zoning Map Exhibit"C" Master Plan Exhibit"D" Conceptual Site Plan - lU- VANQOCS:soo73sa7.10 State of Washington } � ? } ss. County of �" ril A - ) I certify that I know or have satisfactory evidence that� the person who appeared before me, and said person acknowledged that he/sire signed this instrument, on oath stated that he/she was,- authorized to execute the instrument and acknowledged it as the C�,MM�TjbiG� �n-k6the Port of Pasco to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: to , 2009 KE�� Notary PuOc for Washington PUB L l C (Printed or tamped Name of Notary) �j'•'�'q, oo°!��� Residing at Prc-A-L1 C--u OF Wh ii����°° My appointment expires: N,v. I , �o5- Ifii State of Washington ) ss. County of ) I certify that I know or have satisfactory evidence thatJO a s the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the City of Pasco to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Z , 2009 , f—,& Notary Publi or Washington (Printed or S ed Name of Notary) PiaTq , Residing at o-S C O"c •.��U$L f My appointment expires: - it - VANDOCS:50073907.10 i EXHIBIT A LEGAL DESCRIPTION OF PORT PROPERTY i All of that property acquired by the Port of Pasco in instruments recorded tinder Auditor's Fide Nos. 208693, 212041, 219453, 263334, 318437, 375871, and 404398, and described as follows: File No. 208693 A tract of land lying in Sectiona 3 and 4, Township 8 North and Sections 32, 33 and 34, Township 9 North, all in Range 30 East, Willamette Meridian, in Franklin County, State of Washington, more particularly described as: Beginning at a point lying on the north and south center line of said Section 32, which point lies southerly, 1350 feet from the quarter section corner lying on the north line of said Section, and which said point Lies southerly, a distance of 300 feet from the southerly line of the right-of-way of the railroad of the Spokane, Portland and Seattle Railway Company as the same is located and constructed over and across said Section; thence southeaaterly along a line lying parallel with and southerly, a distance of 300 feet, measured north and south from the said southerly right-of-way line of the Railway a distance of 900 feet, more or leas, to a line lying parallel with and easterly, a distance of 825 feet from the north and south center line of said Section 32; thence northerly along said parallel Lane, a distance of 300 feet to a point lying on the aaid southerly right-of-way line of the Railway, which said right-of--way line lies parallel with and southwesterly, a distance of 50 feet from the center line of said Railway; -thence South 66" Oil 40" East, parallel with and 50 feet southwesterly from the said center line of the Railway, a distance of 11, 775 feet, more or less to a point lying opposite and at right angles to the center line of said Railway at Railway Engineer's Station 3806 plus 18. 2; thence continuing South 56° Ol' 40" East, a distance of 322,4 feet to a point lying opposite and southwesterly, a distance of 50 feet, measured at right angles from the center line of the railway of th.e Northern Pacific Railway Company at Railway Engineer'e Station 12335 plus 07, 0; thence South 650 44' 40" East, along a line lying parallel with the center Line of the said Northern Pacific Rail- way Company, a distance of 468.2 feet to a point lying opposite and southwesterly, a distance of 50 feet, measured at right angles from the center line of said Railway at Railway Engineer's Station 12338 plus 75,2; thence South 240 15' 20" West, 97. 68 f st; thence North 661 Olt 40" West, a distance of 1800 feet, more or less, to a point lying easterly and opposite, a diatauce of 10 feet from the toe of MclVary Levee 11B-2 as the same is now located and constructed by = VAND005:50073907.12 725450-0041 the U. S. Army, Corps of Engineers; thence northerly along a line, measured at right angles to and a distance of 10 feet easterly, from the Yoe of said Levee, to the intersection with the south right-of-way line of the railroad spur track at the northerly end of said Levee; thence westerly and southwesterly along said spur track right-of-way line and along a.line lying 10 feet from, when measured at right angles to, the shoulder of the Interceptor Bitch as located along the landward side of said Levee, to the point of intersection with the westerly extension of the center line of said Interceptor Ditch; thence southwesterly and at right angles to said center line, to a point on a line lying parallel with and northerly, a distance of 10 feet, when measured at right angles to the landward toe of said Levee 1l-B-2; thence westerly along said Line which lies I0 feet from the toe of said Levee, to the point of intersection with the westerly extension of the "L" line at the west end of said Levee; thence south, a distance of 130 feet, more or less, to the existing security fence; thence by the following courses and distances: North 671151 West, 4,350 feet; North 55° 00' West, 100 feet; North 674001 Nest, 250 feet; North 48°30' West, 150 feet; ; North fib°461 West, 1, 000 feet; North 381 30' West, 200 feet; North 64°001 West, 680 feet; and thence north 98° 00' bast, a distance of 105 feet, more or less,to the point of intersection with the southerly extension of the "L" Line of Levee 1113-1 thence northwesterly along said southerly extension of the "L" ,line of said Levee, to a point hying.a distance of 10 feet from the toe on the south end of said Levee; thence northwesterly along a line on the northeasterly side of said Levee, measured at right angles to and a distance of 10 feet from the toe of said Levee, to the f point of intersection with the northerly extension of the "L" line of said Levee 1113-1; thence by the following courses and distances: i North 77°00' West, 300 feet; South 2V 30' West, 220 feet; South 861 30' West, 990 feet; North 601 30' West, 120 feet; and thence North 781 30' West, a distance of 350 feet, more or less, to a point nn the westerly line of Myrtle Street (formerly 5th Street) in Gray'a East Riverside Addition to Pasco; thence northeasterly along said westerly line, a distance of 250 feet, more or less, to the point of intersection with the north and south center line of said Section 32, which center line also is the southerly extension of the center line of Gray Street; thence northerly along the said north and south center line, a distance of 1520 feet, more or less, to a point i lying 300 feet southerly from the southerly right-of-way line of the sdid Spokane, Portland and Seattle Railway Company and the true point of beginning, EXCEPTING THEREFROM: Exce 'on Number One; An area hereinafter designated as the Cantonment area's, being that portion of the above described tract lying westerly of an existing fence, said fence line being described as: Beginning at a point lying on the north and south center Line of said Section 32, which point lies southerly 1, 350 feet from the quarter section corner lying on the north line of said Section and which said point lies southerly, a distance of 300 feet from the southerly line of the right-of-way of the railroad of the Spokane, Portland and Seattle Railway Company as the same is located and constructed over and across said Section; thence southeasterly along a line lying parallel with and southerly, a distance of 300 feet, measured north and south from the said southerly right-of-way of the Railway a distance of 800 feet, more or less, to a line lying parallel with and easterly, a distance of 825 feet from the north and south center line of said Section 32; thence northerly along Bald parallel line to the corner of the existing fence, the true point of beginning; thence southeasterly along said existing fence to a point opposite Gate 3, which point is also,South 66°oil 40"East a distance of 1323.3 feet and South 23°58' West a distance of 58 feet from the more easterly of the northwesterly corners of the tract first above described thence South 34°291 East 729.10 feet;thence South 4° 331 West 343.18 feet; thence South 854 27r East 123 feet; thence South 4.331 West to a point on the southerly boundary of the tract first above described, the terminus of said described line, Exception Number Two: A tract described as: Commencing at the southwest corner of the above deacribed tract boundary fence, thence southeasterly along said fence 2800 feet, thence North 4°69' 35" East, 120 feet to the true point of beginning, thence North 85.00' 25" West, 30 feet, thence North 4°591 36" last, 100 feet, thence South 85°00: 25" East, 100 feet, thence South 4°58' 35" West, 100 feet, thence .North 851 001 25" West, 70 fdet to the point of beginning, also a strip of land le feet wide, being 5 feet on either aide of the described center Line, commencing at the northeast corner of Building T-107, which is within the above described parcel, thence South 651 05' Fast, 30 feet, thence North 24"East to a point on the easterly boundary of said parcel which is the true point of beginning, thence continuing North 241 East approxi- mately 400 feet to Building T-104. Exception Number Three: Tracts described as: .3 a, Ponding Area All that portion of the above described tract in Section 3 lying north of the Railroad spur track that Use along Ainsworth Avenue and south of the Railroad spur track that lies along the south side of 6th Street and east of, parallel to, and a distance of 20 feet from the Power Trans- mission Line that lies along the east side of"G" Avenue. b. Ponding Area All that portion of the above desoribed tract in Section 3 lying north of the Railroad spur track that lies along the north side of 6th Street and south of the Railroad spur track that lies along the south side of 3rd Street and east of, parallel to, and a distance of 20 feet from the power Trans- mission Line that lies along the east side of "G" Avenue. TOGETHER,WITH: An easement far roadway purposee granted by Sarah R. Joch, a widow, to the United States of America by correction easement deed dated July 17, 1944, recorded December 7, 1844, as Auditor's No. 101625 in Volume 62 of heeds, Page 166, Records of Franklin County, Washington, An easement for the construction of power transmission lines, i telephone and telegraph lines granted by the Northern Pacific Railway Company to the United States of Arnerica by Tramnnission sine E&sement Deed dated May 17, 1943, recorded August 7, 1943, in Volume 59 of Deeds, Page 304, Records of Franklin County, Washington. i An easement for electric power transmission lines and telegraph lines granted by the Northern Pacific Railway Company to the United States of America February 25, 1955, recorded April 22, 1965, as.Auditor's No. 188788 In'Volume 8$ of Deeds, Page 33, Records of Franklin County, washington, An easement for joint use of such streets and roads lying within the Cantonment area as may be necessary to provide access to the parcel herein conveyed in the most direct manner. The 6 inch water main lying within the Cantonment area, and an ease- ment for said water wain and for access for the repair, maintenance and replacement of said main, The right to discharge sewage from facilities presently connected to the sanitary sewer lines lying within the Cantonment area which serve the parcel conveyed herein, provided co-use by the Grantor;sand the Grantee does not exceed the present capacity of the septio tank. AND TOGETHER WITH the improvements located thereon(except the subsurfaci terior drain located upon an easement hereinafter reserved). and TOGET'HE'R WI'S'H those items of related property described in ExlAbit "A" attached hereto. Said related property is transferred by lot Upon an"as is, where is"basis and withouf representation or warranty of any nature whatsoever. SUBJECT TO existing easements for public utilities, roadways and pipelines, if any. 1 } • y. File No. 212041 7 A tract of land lying in Sectims 9 sadd'4,Taw-"hip B North, Range 30 East. of the Willamette Meridian,and Sezdbna32, 33 an(T 34, Township 9'North, -.tinge 30 Xaxt of the Willamette merieTi , ail in Prauklin County, State of Waste •on, xatd tract of I=d being more particulaxly Oescribed us • ia7lawa: ' Beginning at a point lying 4= tb*north and south center line of said Section 32, which lit lies sautherly 1350 feet from tht quarter sectLon corner lying on the north"a Of said S+-ctiorti, and whiah said pblat lies uauther3y a distance cl 300 feet from the sautharly, line of the right-of-Way' of the railroad of the Spokane, Poxilxnd and 26ktile Raj1way Company La the same ins io&xted land constructed over ind across saki Section', thence southeaistezly along aline lying parallel _. _. . ... . ...:'.-.•.-'-•.�h••sna_soutberSy a.�dietaac:e.of-s.tk0_feet,..xt� �d.�4?`t�_�.4�.�??�.._. hmm the "southerly rikM-of-'say line of the Railway a distance of -9©0 feet, -more ax less, to a line lying parallel with and easterly a digtocnce of 825 feet frain the north and south neater line of said seadon 3Z; thence northerly vlc g said paxiltel]rose, a distance of 300 feet to a point lying on the raid a•outherly right-of-way ltzie of the R llwa7, -which anld right-of-way line lies paraMel with.and soutkwooterlwy a disance of 60 Meet trom the center line of Said 4ab"ur thence smah SB° 91< 40" East, pamilel with and 50 feet • - southweslsrljr frmn the said center line of the Ra.i.way, a distance :of IL775 feet, =me or less, to a pow bring opposite and at right .. _sagl" to the canter line of said Railx'ay at Rsilwayr Zhgineer'a Mica $W6 plus It.2; thence ccutint'in•g-SaUth 66° Ol r 40" In a.et, s dfstanae of 322.4'feet to x point oppQn1te sad scut1roresterly, a dirisaaa of 30 feet, measured at right angle%Worn the center ltne of the rLUwV at the Xox thern Pacific Railway Compumy at Railway j JW�.rLSe3rW SQti3l't-172 , th W x-40" East, I along a line lying parallel with the Cmter line of tte said Northam Fanatic Railway-Connpany, a dixta=a of 468.2 feet to a point bang s sate and sauthwestterl,r; a siiatsnco of 50 feet, raesuax-od it xi gkd angles gross the*enter lie of aaid hallway M Ra.11way Migineer'a Station I29S9 plux 70.2; thence South 24' IV 20" West, 67.88 feet; thence North 86' 011 40" Wast, a dlatwace of 18 DO le at, more or Ugil, to it point 171nir easterV &nd opposite, a distance of 14 feet, COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE VAN RCCS:50073907.'12 725450-0001 6- from tins toa of 1iCNLr7 Ler7 re ill3-t as they&acme is ncrjr laws#ed 8nd constructsd by the U'.•*M Armv, Corps of Ehgineetra; thftwg northerly a1=9 a.Line, ernes red at rt-ht angLga to and a dirt&=# of 10 foot ea.aterly trom the toe of sai.tl L zee, to the iatrsaeckio�x with the svuth right•--of-tray Jane of the rallmad sp= tract at the nortlisr]g ead of axid Lcv�o;, th=c a vauterly and scut TW e!vtexl,7 aloe, sald spur tract right-of•-wgy lint and along a 11mV 2-•ing 10 feet Irosn, when meawmrod xt ri& aa:.gLea to, the rhoulder Ed the-imicre-eptor Ditch&A lacxtcsd along the landward aide of said Lave•e, to the point Of hAarsec-dam with the the tarly emtcnaiou of the oenter Line of said 3niuroeptor I?iteh; theWe eaut?rweaterly and at rSg�d anglea to said ouster line, to x poirA on a lime lying paa&1W with and northerly, a •divtancs of 10 fort, when=mvured,rt xi,ght xaglas to the landward toe of said X Lowe I IB-2; ttheace rve�qerly almg said Line Which lies 10 tee't tram the tote of said T.evee, to tlse point pf intemectim•with the westerly vctensi= a the ".L" line at the Wert end cd sae3d Lezvee;- theuce south, R di.stence of 130 foot, more ox les8, to the eslsttnz aecurrity fence; thmn.ca by the laiiowing oour•aea and distaaoes: Xor'th 67' 151 West, 4,360 feat; north 65' N' West, IDO feet; North 67` ow Went, 250 feet; North W 80l Wert, 150 feet; Korth W 451 'Waal, 1,o0o feet; North 36" 5o, West, 200 feet; North 64" 00, West, 680 fact; and t mace nortb 380 001 Quart, a dlstxace of 105 feet, =Ore or less, to the paint of Intersection Vitb the southerly extauaion of thn "L" dine of Levea 11B-1; thence northveaterly along said southerly estco- sion of the "L" line of said Lereo to a paint lying a distance of 10 feet b7om ibe toe on the south end of e<aid Levee: thence northwesterly along at lice on the northeaesterly aida o4 s,;L.:d Levu@, meamrred 94 'rigl7t x491es tO and a dunce of 10 feat trout the We of"aid Levee, to the point of Jrtersectiou with the northerly ertenslon of the "L" line a said Levee 11B-1; thence by the fo cwimg courses and distanceja: Nortb 77` 001 West, Soo iee•t; South 20 501 Went, 220 feet; South Be, 30t bleat, 886 few xortb 60 30c vast, no.feet; and thence north 19° $0+ WW, a dixtv=-e ad 350 feet, more or less, to a:point cox, the west exiy line of Myrtle &xeet(farmerI7 5th &x set) in Grays B38t liivegida Addit-QA to P&sco; thmce 170rthe;RBtmr1y&Ica said westerly line, a die+-anca of 25Q:vet, more or leas, to the point of fnteraeeti=will, the north and Ravtb eaatar 2lne of said Section 32, ! erbicb,said center Beta ado IS the south'Orly Md=,810n of the center r. lime of GraT Street; thence narLbe.rly xioag the xald north and Guth center line, A distance of 1520 feet, more ser ISRX, to R poim,lying 300 feet aauthexly tram the ac uther:Ly r€ghi--of-wsty line ed the said Spakane, Portland and Seat-}le Railway C-omp=7 and the true point of h�• The abaQe description,is a perimeter desscriptim of the 1'aeeo Xmxtneex Deb sad Sa hereinafter dasiv=tc-d as ribs Depot". COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE �+rLPI'IIYG T��.tyld: L`rrstptiom Pic: 1 i .E mepting trc=ibe rbove- t+FCr3hed nepvt tbat c=UJA trw a!sad 17iag aastarly of m eadstiug fnnoo, 2-1d l'csice line being deecrlbc-d cs: Besginaing at a point �Ca the north easd swath center Ung of said gectim 32, which p0im Iles sov tber2y 1,350 feat c= the gnazter median corner lying om the north 11mt of , sad4 Beci:im =d-ehi.oh said ponA Beat noutbr-rly a distance of 200 itst from the southerly llna of the rigs--of-v-s7 of the railzna.d of the Bpoksne, Portland acid Beattle RailvV Corapaz• kx the aasme ix located mmd constructed over and acmes said lfeci.-icc;thmee xoutbealsterly x1mg x line)1.ng pexamtl with lad sovtharlr, a distaUee of 300 Sect, measured north.and South tc-tam tha said southerly right-of-•tiesy of the $.ai wwX, a dint&nce of 808 feet, roars or lexr, to a line Ding peamuel vrfth and ensterly, x distance nf'823 feet tram the north acnd " Oacrth eenfer line cif rsld 9dc7dots 33; tbeace nui-thfs•Iy ainag said parallel line to the carver of the Ming fence, tha true Pmt of beginning tbextoe southeaateri3 azicng xaid existing teats to a polat appoelie Crate 3, tetdch paiat is aloes South 68' 011 40" Fast a► distance of 1329.3 Pest used South 23` 58° Wtst IL&Stance of 56 feet from the nacre easterly of the northweatesly corners of the tra t first ebove describld; thanes Scmth 34' 29' 14tnt 723.10 feet; thence South d° 38f Weat B43, la feet; thew &mth BS'-271 Est 123 feet; ih=ce South.4° 33, Nast to a point au.the xcuther27 boundary of the tract first above described, the termimm of x;dd deaortbod.Linn. kccoptlug from the Depot a tract desc-ribed aa: i Commenning at the intersecticu o1 the morthierly line of Ainsworth A enue with the vester2g bv=d=7 line of tha 23epot, as described Abare, thence eaaste=17 along said northerly line of Ainsworth Avemze, a distaznce of*875 feet to the TEL EL PC)DIT 02P BEraaafjNQ then v nmrtthvwr y_,, ri rigid angles to Raid.�8,}v'emas, 650 feet;_thence axztarxy, part,11al o noid Aveme, 45o ject; th=ce Bm he=11, at right=Wlee to ihi last mend. aid line, 650 feet to ac point on the aortherb,line of.said Avenue; thence x eztrxly anted northerly li.-ae of uaid Av'a=e to the paiazt of beginning, COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE i ffiapttng from the Depci a tract described aa; Comxnanniag at the iatereeetfan of the north line of Ainaworth ,A"ma with the wtat boundary el the Depot au described above, �.� tbaaae cauthatsterly along anti north ltae of Alnewortb Avenue 875 foeti'thenoe ■ov;thweaterly at right angles to the Bald worth lino cf Ainsworth Avenue W a point}ring on the aoutheriy lime theroei cad the TRIIE POINT OF EEf3iNbING. which point is 3b feet mes.anred at right nnglae tom Centex li= of Ainekurth it mm;thence o so�wsaarly cart at riVIA englea W -�'a tctti line oi` �Teinia 160 1ael; aace uaiiEheeetsr�y parallel with the aaat4 line of Ainsworth Avenue 296 iaetj theaoe. Sou hvezter�T a dirtance of 101 foot„ more or 1aaa, to R paira an aUlna parnllal with ind 200 test boutharlj from south line ee Aiuv arth ATurus and 303 toot southe asterly tm=a point of aWA paraUcl lisle vtduh is 299 test sollt1 wouterly trash point of brag;thou=aouthau tarIT rnd pax-41el vtth Aiswv orth `. Lyenna a diuUnat of 126 jag;tbanca unrthe aster37 at rigbt eaglav to Aiusworth.AYamaa a diatkwe o$=0 feat to a paint=the south iiad of Afanworth km=;thawa westerly slow; south Um cd Airaworth*stunt a diabaaoe of 60o feet, nuuv or 1*U, to 04 true paint of • - N•'.�S fraox ttte �frso't desrxll�ed esi; • _ . Be$laning< Rt the poLut Of fatarsectiou of the northerly wine of Ainsworth Arenas it l"ao j!j agfn.eer I)gpot as daacribad Abase With a line lriag paraajel to stud to feet Weffterly from, +xhm sn"Lnwtd tit right Angles da, thin oxistiAg TOO fenca of the motor bonl. tstiid nalnt�lYin tYSrlaxiy, a siigtanCe of 1,BOA f$at, maro or leep, from the west boundary 1Lnt of anid Depot; thence northt La-lerly along said porxllel.line a distance of 325 Scat, more or lees, to st pbLtt oa st line lying pirzliel io 21)feet northerly from, when measured at right snalas to the existing northerly fence of said motor pool; theace xoui-h-- _. easterly slang Said pa rzUeJ.line a d.45tance of SAa toed, more. - t1r leas, to ii point on s<line lying puzallel to and f0 feet es.a'terly fram,. whet measured Ed right eagles to, the easterly fence of raid zaator pool; thence sou'tbvreu'terly s.Iong tcaid parallel line jo a point on the northerly line cd eAaid Ail-worth Aymue; thence northwesterly alcog Maid northerly Base or A.inaworUz Asersue'to the ,paint of beginning. COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE . . 3lbcotptirm Nab -._ r • _ _., _� . . . __ f Xxcepting from the DOW a tract described ax, � B&gbm:5zW st a poiTd ou the aautherly line ed road Airvvm U, A V--=*, said pcdnt lying eaxteriy, a distance Of 1,750 feat, scare or less, from Wd crest boutdary of said pagco Enginter Depot, as described above, and westerly, meaaused ilcng said souttxerly line of a I worth Avenue, a distance of 80 feet tram s point in line with the center of building x'.17; the=& eauth- eastrrly along add southerlq line of Ainsworth Avenue, a dstanee cd 180 feet;thence aoulhwesterly¢i right =glee to x*id Avenue, a distance cf B0 feet; thence northwesterly, pi ie 1e1 to 0.1d Avenue, a dintanae cj 3.80,feet; themce ncath•- 012:Urly to the paint of begbmlng- TOGIUTnM W.1, the improvemeats located therenr, ESCEP INO. however, 'tbA foU*Iving: A'ais-inch water'main lying"Od n the' parce), wLch Rater main inns •lraxwfexsed in the deed to the Port of Pasco, Building No. T-47. _ �Wrm tho rights f o receive ale-ctricity, daraet#c water =d wafez for.fire protection and residentW yard watering purposes under the ccnditioa and upon the,terma set forth in said certain deed to Port of Pescc, provided, however, the United States cf America zany also avail itself�the same right ata tot tracts xctained by the United fitataa of America. COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE i File No.219453 Thmt prcq�brJ 171g in 6tctiooa 9 and C Tov &UP 8 North, Range,30 East Slf tha TVjrn=ttz Xeri.distz. Rod seotiona 32, 33 sod 34, Township 8 forth, mange 34 last od the Willzametta adez su,coav�yed by tb*Grantor to the i Qraa;ee by deed dated as of 1.060, which deed. (hereinafter mad tie the "Beano Dwi'l v ze raco-d&d with the Auditor of rraaldiu Cotarky, Wr..ehington•on MArQh g, 199x, at Volurne 104 ed Deedr, page 41S, truer Auditor Is Ito. 21 2041; wITIi THE PRPV1.0, 80WEVMR, that the ' tvecriptieu ai that irnct deaignatad ss Exception No. 3 app0s.rir4 ail Ptae 3 In tjj t&sic Reed to hereby corrected to Teed as fellotrs; ] Zaestiaa No. 3 ,g'fTom the Depot a tract described&A: C=mmancing at the intereeetiDn of tbt north Line of Alm sworkh Ava=with the we et boundary of the Depot as described above, tbame a Wliza.eterly alnr.8 nid north lira of Alaswarth.Avenue 848 feet,'thenoe aoutharater'ly xt right`angles to the Raid narth- 6f Ai=wo-lh A"nus to a Point Ving On the HOUtheTly lice thereof ad the TRI= POINT OF B1JCWiNIZ Gt which Point is 817 feet iaeauured et rigM tingles f om center liim of Alilsworth JLTLm=,them--e ooatlmria_gysouthwesterly and at right Luglas to paraUel wUh the acuth iiue of AJaswnr's'b Amnue 295 feet; thence' EouthwertarIr a disbnaa ref Iai teat, znara or toes, to a paild ast a,!j=parallel with j:ad Zoo feet southerly froze ecath l!pa o Ain worth ATem a and 308 teat aautheLvtorly from a paint of �- xmid pLrmZcl 3,ias which is NO feet anuthwevt;crly fz=paint of bed ; then a=theaetrrly md parsZzl vit4 A x:zworth ` Ayarms s dUiano9 ni 195.faet; three northaaxtox}y st rigb;t czg1stt to A:BSavrtb.lr,'t'e=a dlvh mat od Tao.feet to a paint oa the Iiaa of A!aalmrtkhvnaue;thance veaterly sloop south 1ia� aid Ai=worth.Aimnae a d3xiacaa of 8Ooteat. =oxv or 16 4s, to tim true pmt ai begs;. COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE r File No. 263334 Portion of Tract "C" to be conveyae to Port of Pasco, A tract of land lying in Sectlonn 3 and 4, Tvvnohip 8 North, Range 3f) East of the Willamotte Hrridtan, and bactivns 12 And 33, xawnahlp 9 North, Ran;r 30 East of the killamtltte ISerldinrn, n11 In ZrAnklln Count, State of washington, lylttst weNteriy of a ILne lying parallel to and castariy A dlatance of 8D fet:t When at right angles °rom a line deccrlbed as "Linr &" and lyltig aoutheastariy of 1ILins H", 9414 linos bring more particularly duaarihad as I;lloxa: "LIK£ An Cottmencing at the north quartor aerticn corner of aald Section 3; thrace South 9'20'25.2" Eaet, A distance-a1 24664 facet* thence North 22'27'47" Espt, a aGlstame, of '.m.24 feet, to a point ort the southerly right uC uety line of tnr Hortitisrn Pacific $ailvay Company and tt3u TRUE PCiNT OF.BEC3IhNMG; thence South 22°27'1+7" Nast, a distance of 20.24 foet, to the point of curvature 'on it curve to chL- cl3ht having a radi»a. of 71b.20 feat: thence southwesterly, stony the arc of said curve, a distanu- of•435,87 feat, to the point of tanguney of acid curve; thence South 57'19'47" Rest, a distance of 199.42 feet, to the paint pf curvature on it curvy to the left having a rediux of 715.20 feat; •thencfp a0uth6'e0t*T1y, Along the apc of se Id curvo. a distance of 3$1,04 Eert, to the point Of tAnt;-Icy of aa'id curve; thence South 42"54'47" West, a distance of 944 feet; thence Borth 86'00' heat, a distance of 350 feat; .thence South 22'15'UO" Ncat, a distance of b55 Beer morn or 1*5a. to is point an the norushl uperatin.; pool elevation 1140 fees of the McHary tieacrvalr_?Snlj..rht�ppint-uF...terminus• o -- _... ""'Che"'ago"vr daec�lbed 1Lnv, "Lin•3311 - . r . CommnngInA ct thr north yus rte r erec tion earner of said Srctl n 3; COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE HOury L.-ck and Mr t' 8e41%s1rlt VV Cmt'd i • Lhra-:e Boutta Lion; the n•jrth and route t:.rnt--r Litt-- of Bald 8ectirm 3 Cc' a pulnt Lyin.; e-a-ter1• arnl Opp alto, r altetattc+• al I0 lest trM.Lhe aoutbaaatvrl w. of Haltary Levve LEE( as tit,, easo Le am. Launtud aad c-an-.tru.- -a by the-0. S. Ana• , Corps 4k I:n,;laerre ! th-t Titre poitiT od dgcilNtilllG; ', tlu.nca northeLly alun,t a llnr, -iousuraJ at r at an.Iva Lu and K disuattec of Id Lvot enLi�rl-, LrOM tJly we a ...Itd LLvue-, to Lbe lotrraoctloh -.Lth Lhv auuth rl4ht-al-6ay LLne- ut tbp ratirnaJ epur zr;wk.at the n.arlltt:.lr tnd o[ said L0v.•u; thence weKt,+rly and'BV alhwv.tt rl� slum; 11J e,pur rv.tek rl,tht—f-mr line nnel atua-;, a I rna- LSi;; 1(1 icaL [:au. -wit oaaaiarud at rt,ht nu_[rb t - ' r .h mwor u- the Lutrrte-ptor Dltch pa 1ur.atrd 41.1114 tl-r- l: 1e.14,: tl.lrl of ..tip Is :re•, to thr pout ut LiKeevoef luu wlt't U11i wratorLy u.eteaLton 11: Liar arnter 1Lne at ual,l Leto-m-ptur Dlcekl - Lh.nCa suathte-Rtrrly and at rl;hr attblt•a to �atd cintorlOw. Lb it pvLtl on R Llnr 1.eia: pe-ntlrl wlen wW nurth*r( . a Ji•Itanrr of LU (mot, Awn measured tr r wit aa.:Lan to the Landward r ou u( votd Leese 1th-21 thence waerrrLy alnaa.; ante] iltai- al-ieh lie's Lip rant Irat the tor- of xaLJ Lrree- :-, tale pcal:r-.al ;utvrsuerlun wtth th•• a„-KCerI}• wrunll•�p w1 thr 'L Line at Lbe vdit end of iaLtl 1"n•re--• thmtcn so-ith; a d.`ii vutcv al 1.111 feet, mure ur Leda., to the OR :ring *retarLL: (-rft—i rhr.l,.e Furth •'7'l5' Lit•al, a :1E:t:tnco v[ ti,l Ala ir•rr; thence 9orth 55'001 kvat, .1 dtetalku al 101) [eat; tbdaa.0 North t 7.4q' wuut. a allwtance uf.334 tout. thence 09th 4r3114 Ni:et, It d£btanev of Ii0 Cerrf Zhence tfcwth bA'45 WORt, J11taneu of !,lieu (k-et; thence north 344""' Nee t, a ei Ldtance at j4o ie:Rt; Chance Harris 64'DO' lk!I. it didtr -ea vi dd0 frrL; Lhvnes lions Alo0' It"t, a distance ul 105 Laut, awre or Icda, to Chit point of LtLeram.rtun with the aouthutIV "htamilun of. the "h" tine of 14w1:e Liu-Lt thence IwrthwosLorly alms,; paid aoutheriv cxteurLon v[ tl<v COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE -Littltar� Y,xk ind Dart, SaSmeat VV'Cont'd ,L" line of,slid Levee, to a point.lying a distaws of 10 -feet from thi too.w. n the South end of said..Leveo, thetica eortfior.atarly al7ang a line on the northeasterly ride of said UVta., measured at rLght a"I" to and a dlstanee of A0 feet from the too of said Lewoe, to chn poLnL of Intersection with the northarly extontion at the "L" Una of rand Levea 118-1; 0%wrma North 77'00' West, s diatanas Df 300 feat; thence Butich 25'30' Nsat, a distance of 224 Eaet; tbmce South eb'30' Nest, a dLstanoe of 49[1 Laet; thenec due South, is diatannr of 185 fact aura -or loss, to a point on said 1wrm l operating pWL elavatlun 1340 feat M.S,L,i, and the point of-tatmLnus of the above deatribea Line. Also a parcel of land lyin4 Its said SrttLon 32'.9uing more particuisrly described as follows: cwwwnciaa, at the-Southwest corner of the axtat[n,; uecurity raver on the westerly lima of HyrElt street ttormarly 5 Strent) in Grays East, RLrerKldu Addition to Pasco-; thr=a Houtheastsety along saLd fonea 2800 feet; thenaa North 4'59'35" 6aat, a dLsrance of 12@ feet to thn 47IIS 1'01.N•r OF EEGUMING; thenR North 85'OD'25" Wcat, a dlstanee of 30 feet; titstice North 4'59'35" Aast, &•distance of 1fh7 feet; tb,w=a South 85'00'25" East, a dlstanee of LOO feet; the:aca South 4'5935" Kest, a dietanca of 100 feet theme-North 45,00,25" Nest, a distau" or 70 feet to tha point of btgltinini. Alan a-atrip at land 10 feet vide, being 5 feet au aithec sida of the Foll6wIng described center Line; fosas¢ocin,3 at,the northeast carnar of Building T•1071 "ich to wttttln the above described parcel; r-henca South b5'051 'East, a diatarae of 30 fete; i COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE 1 HcHary Lock and Dan,;Besssent VV Cont'd thence korth.24'00' East, to a point on the eascerLy boundary of said parael which la thu true point of be,iinnLni, thencti Coatinuink Hortb 24'0D' Zest, a distance of 400 Feat more or Less to Sut1dilli T-1D4, and the point of terutnus of thk above described line. Also too parcels of land lying in "id Sec;Lan 3, batng more psrticularLy described &a follows: PAM= l All Chet portion lyin, north of the S&LLroad spur track that 1Le6 &ions Ainsworth hwenue and south of the lailroad spur trttck that 11s:a along the south aids of 5th Street and cast of, parnitul to, and a dfsrabct 4f 20 foot from tho Power TransIDfrston UtW that lips along the giant side of IV AVSauc. PPIML All that portion .lying north of the Railroad spur track Clint lies along .the sarih side of 5th Street rind south of this Railronsl spur crank that' 11aa along chit south aidu of 3rd 6treet and oast of, parallel to, and a dLOUD— DE.20 feet from the pover Transmisa ion Line that ties stung the east ride of "G" Avenue. There is excepted therefrom all that portion of said Section 32, 'lying rsithin the following described trnct of LanU; beginning at a paint on the southerly line of said Aiosvorth Avenue, Said point lying easterly, a distance of 1,750 Leet Wore or less, Zro= the west boundary of the Pasco Suglneur Depot, and wrAterly, sasaaurPd along the southarlY lint of %aid Ainsworth _ Aveuua, ,a distance of 90 Fact from a point in llzjs uith the ranter of buNdi.nR 1-17; rhtnce southeautorly along Paid southurly line of Jtinswarth AvanulS, a distanco of l8Q teat; ;hence soutbwauterly at rlbht angte6 to said ffinawoeth Avenues, a distance of oo loot.; thence anrtbwesttrly paraltal to said Ainsworth Avenue, as distance, of TAU feet; thanes nortbensteerly to the ,point of baginnin4, There In alto rxc.pt" therefrom all that portion of said 4 of S COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE tlaNary Look and Dam. Sap%unt VV Cont'd Bretton 31 lyityl southeasterly of the foilowin4 dasctilbud IL": &dinnioa at Ohs northwest corner of Government Lot 5 at Said station 3; tfieaca ozeterly along the north tine of said Covarttmsnt Lot B a distance of 309 fret; thanes North 23'35 20" Best, a distance of 2532 feat more or lass, to a paint lying southeasterly, a dittsnce of 150 feet, mcasared at rinbt an,tlev, frae the aunturlina of the make track or the Spakanu, Portland and 6eatcla Railway Company; thence South bh'01'40" East, a distance of i0R feet more or lass, to a patot 1yLnA eas.tsrly end oppobitt, a distance of W feet, tram tht toa of McNary Levee 11&-2 as rho some [a now La,cato$ and constructed by the U, B. Amy, Corps of Eu4ineurs; thence northerly, atene, a tine, measured 'at rl,,ht antitea to end it distance of 10 fart eaatdrly from the toe of sold Levee, to the Lttersection wit', the mout#t right-of-war 11ne of the saLlroad spur treat at the-northerly anO of said Levee and rho point of termLuus of tha above dcagribed line, Tice, tract o[ land above ricecribed contains 113.00 aerua, more or less, COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE x015 { { i C i File No. 318437 1 A pare ,el of lout, being all that portion oL Sectiorrs 3 and 4$ Township 8 zzorth, Range 34 gnat of the W.illAmatte meridian, and Seatioris 32 and 33, TowrrzahiW9 north, Range 30 east of the Willamette meridian, ail in ftaa lin County, Wg3jj ng,ton, which lies southerly of the Itao of nurmal operating pool elevation of the Mcyary resturvoir (approximately 34t? zg.4.1.? and northerly of the orl.gi►zul (preproject) ordinary high water line lying along the northerly (3.eft) bunk of the Colurjbia River; said parcel of � land being bounded on the east (dourastreom eml) by the southerly uttn- ai.on of LINE "A" aryl bounded an the vest (upvtream End) by the southerly ,extension of LINE "B"; the apecif;ic location of Linea "A" and "e" is described in Buhibit "A" to that certain Qt:irclFILM Deed to the Port oC Plaaco dated is Decenher 1963 and recorded in Bonk 121, page 644, Deed Recordo of Franklin County, which Fxhibit "A" is incorporated Herein and by Wtis referance made a part hcrcof, The parcel of land above, described eoDtaints 43,4 acres more or leso, i i COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE VANDOCS:50D73907.12 72545MOOl File No.375871 I I A trace: of land lying in Sactinu fix, Township 9 itarth. Range 30 part of t:he Yiil}am rte Meridian, all in Franklin County, State. of V-ahj ton, .Uai4, tract; ,of land being mora particularly deacribaed.as followa 0amam=iag at the intersection of the north line of AiW00%th Avenue with, the.w"t boaadary of the €orwr P"zo.Xagiacsar Depot (accr Big Pasco 1.ndastrial •park), as fibu n-sax. jchibit ���", which is attached hereto and ands a praT:t hareaf. t:hance eoutheastm-rly along 4AU tsorth line of Almoverth Avg 675 feet; thence south- Veatterly at riot angles, to the said north li= of Aiwaosth Avenue to a point 171ng au the southerly line tbrxaof, which point is 30 feet measured at right et►gles from the centerline of Ainsworth A anue And the tree Point u£ bngiaaning; thence ranti=ing aouthwarsterly and at right angles t:a the south line of Ainsworth Avenue, I04 fit;, t h uce southeasttmly parallel with the south line ai=Ainewmth ;Lvmue 7g5 feet; thence southstesterly a distance of ltti feet, 'nare or Less; rn a point on a Bela parallel to and 200 £aet southerly ftam south line of Almswrih Avenua and 305 test 4outheastarly from a point: of said pnzallel line.satcich is Zoo feet south- weatarly fieom-point of beginning, thence southeasterly and P&M11e1 to.Aitisttarth Avenue a distance of 195 fast; Oxmp& nortb&&st&rlp at right amslce t:¢ Ainswarth llvtue a distance 4f F�1'fee�£¢"d i'btnt ott the south,Lines€- Aissw=th Avenue; thanee wastarlq along South line of ! Alnowurth A.v$nue a distance of 500 fAat, more or Iasi to the POW OF MGMING. COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE i VAND005:50073907.12 725450-0001 i File Ito. 404398 C ,S trust mt hand Lote. 2 nld3 of 3eoFlan CaxnRtutir 9 hforth, Rang�.3Dt�uSd"aE.bda.46&llarneLee tiECldfan�Ti=aaElin Coumt y., .S'tmt<e ot.�W#ng¢apt,• mod..tFact'nk l etrd I�t Gt18 �.� 'J the!Wmtwsly piao. 8agPega LVEt- p-tq;jaat heuntda"'klna, narthtrby' n� •occ�g fazrt 4��t) atdfmary h:4h W&A= rUe•'lyfng aLoag 4he•oosbh�y CLfff )'Tmwk mE the psikWhim f-et, yBerpTLy of lAna and Bamr4exlr.ai Ldne.2'W baitbs t4aeB. 'vg,. arr& being rwra pmmt-Lcrrlrr2.y d-eeer1bad " EnUuwar y-•{r,(L I'& - g6;vmnad:ng.aE the natth quarter A"L'tbDn cnMer o-E SBClctaru 7,. Te'aaeh - b North,. RM&M of the Sl�.kams:kkhh�3fentRta7s; tlxrttcc 8auth QEgtig the u&rtll. and W;ath neater•trine of sa%+d geet$67L}.'go $-pcfr&kyjag eactftrl y asrr nPpatcttra, a-c6iatsancP of FO' et fnpp thn aaubikeaatarky tae of err Aevea ]Lb-2 Brm'h[ie' ease sww loaxtmd, and'camsteatted:by the il. g hpry, �p�..aE•Fu$�e�i , tlYea 'nertbe�ko_-a jug a lknB,. meaearecl at rGgtpt auglea to die � as of .la treat nBtttesLX, Croat tba tnn of Bald Etaeaati. to the: § actfan �rTx tttie South rtLE-OE-way line- o&-tbz!r F& &$*&FUM st the nartheAy Sad o f s L�r n tee tzsl}c'ancC aautrhveAtca Ly slam&;ail spur trade xi3hr` N0.1t L anYl' along g ldram Leg.Lb kackE Et", c1i :tnt3e� 'aggkkoe to 6fie eAgt� aE t}ae ybappyx ice,aaa..tarAtta3 akonE•r}te 2snd81a .� $a of S.'fd emdm,,.t.' Q° nP inlscsw.err�a>Y htIIGls tE pe.s tr-rLy- extcen6z•s€ tbse aea�aa! �iP�v.9 gain fiahan�eP4n 6ikclx; aheuc��nr+t�G[ �'iY ehti st.ri8ht-Wtg:Z tct. ae �eetcEerJ'iv€: try.B line 1ftng paraalal milrh ansL.nagd=,g, iadtrrE D12 a a d 4=nm at 10,Ee-at„ j&aEL raoaauaed aL ryght angles to the' ym @.ba4 q.f ou dt bsvee-11E-2: thetrcg taeStazS3i aslonR said,lSTie whkcFr lies l(� iiear from t'rm tae-Of s aM,LeLVA to the poink of twumtectlaa wick lire j wameA7 'af the nbn Ure at tha. Rees end aP said baRae; dmwa south,; a.cliEtantm of k3D f'BCt,. yore or Legg-, to the mtHsttng Becu#ty- feate;: COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE I VANDOCS:50073907.12 s 725450-0001 ![!Yenta'Hartle (tT'25r'"4Jest,. % dfecanc¢ai 4,?SFl ken[:; thence li'tccth 55'0V-hreat, a dig tanae.cZ 1130: Eaet; t3canaa NOTK-L 67,ao-, Want, d of 254 ffeet; J C1tr�w,S Huctlt4V-'V'Weal, a distance UC 150• Feet; t3teact tlorth W45' ldect a dfg.tanaa,iE 1,,00 faae; daml=a Mlmzt .D8l V' We=, a dl4aamui at 34Q feet; thmmce Mardi 64°9E�' W ellt, a dLBtALnce.u,L 61q Cants; Ehp�ce Nnct& 58`UO° &Wt, a dtatence c&M face, rare or hesasr to f ra paint of i,nketsectfna.wftlta tha aoafhecL�y. ex5anainte cfr the "L" kin, al Lev a IA,-l.; Gfir�a nesthuveecarly hoag smi6 sauthrrly exteaaiton Af the V,-Une ca B9A&T.C3ma, to•a. pmt=t hXfog &d3adr--r o f LO' Fart:i�:Bm tHe.Yoe an_ Lie anatL and of mgicL}.even ¢ben�e neaitlteresta :aLtsng:L LLar_na the nartheaxterEy atfd�raFc sod ,Gev measuxac-at eight angles to and a _ dcEs�atmet e€l Eeet €xam Ll u t.,.t of sad II-L'umm, to t poa�a�'n� ersect�mar.Hdl�-flee! nuTtlS2sIy�mcpr +mica uF •Ehanca Wax* X'00."lru:rt,.a dtstancr:ui Jm feet; . Y I thenct-90u 1}�@'7�j" lfpFK,-.-1 dsalargce aF 2ttt Cant; . • ''ERF�.B@`LtE£'�P'$�79�dH`&16:6F"LI7�'"A'�: ' tlCencerdtt SoutB,, m d'iatams of 410 iaet-, mm7e. or laac so. sr guts 0n7AV-ex$gtaal..(.pas-pro-jMet'� atd'Lnzq*htglu water — str„v-fyi app aEoag the narthrslg (Laf" hank odt the aohumhia tt anit lrfiv-per t& ternunua aE Lime ".9'. L£ae "13�C. •6egEmtag at the tca;7elr;abcve vainr.04� baginning o �# 14 > ttxencc Nnznh.6{I'S T'" P7eet„ at d—E&kUm : 0-9 thentej 1€nrtfi ZH13W' Wgs't,- a dlstancm of :fSk FeeE,. mate ar lretr�"�"�"p� !lSSta� L'�j,'ptill�tS"6't[�eez IS'e�n`t P'��i�-r•� �....r...____----.- .__ 55`cut i a��pd" ti"e pe 01s xez ue o �tn�a S°% lbe tV¢t:.of-tnmd dsova deter- bmi cantminm 4,.6B' acrev,. mnr&W-t Lass-, aic vletc5.T:$� acxe5,. sere ar L•eaa,-L•ie&abavc,tile,'KeNmY, •0a mal 0pgxat±�Lr,pna�-. ekavatlom 0340-' kl-FLT—) .nad'-l ❑nre at-.3-r-55, 7!Yea,:l'aelam asfd:poaf eLnva'tion (34;E}'` bS..S.L_}. COPY OUALITY OF ORIGINAL MAY NOT REPRODUCE : ,. J � ?g�Ygq6 M{1p8�gT ;diS.>h liF � V TIT Q .... Lo :. � N 79 0 x' L) Ll Q 1:J W ~ z h a 2 z Q y ff cr "O: Z iA n F ~r- rn Z z r } r QS C4 O Z 2 LL•L W w rn `Y ,n i u_I J n 2 J �' Z -J Z Q ��'dj CD L11 z L'J J Sf- _7H 7F _ P: ❑h a O? w u�i w X G ' pw ',u aw aw w v �sw N �n O a a 'a wawa �a w {iG " w m Q�! ' N t+f a w Q "2 N w co M W Y w 4 65 6 y C ��. I �6: �x arx 0�m wcr a ¢w a: a a r�r� COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE 10 co 0 o o`O o ' N ❑ x� m *' y t%J Cl i, P-4 Q. d a 4 :F z V n o H D {� W m F U CL • ■s O N LL. a ME m N = t C 7O U T5�7 O r v�,a, QQ CJ o N OO �C D Q �9 Y m � �' fl. A ,L. o oQ of � . COPY DUALITY OF ORIGINAL MAY NOT REPRODUCE I � m I I I �- �� u „" moo z; Lam!f I gi'bl! 4: . 0 lt a me oven � i o ® ' E a •� kglf 3� L.L Ln tT K m N ♦ f oO iii Gj '�: � U � �' C f Y•(.b LL An. 05 R m a f,' � b COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE