HomeMy WebLinkAbout1299 Resolution - Recordede
RESOLUTION NO. 1.299
I/E1EREAS, the proposed Mansion Estates Subdivision's recnzired construction
improveTents include the -'installation of a piped storm drain system, and
Iid EREAS, a storm drain outfall at the proposed location for the general
purposes of the city is desirable, and
I%MREAS that storm drain pipe must necessarily have an outfall and point
of discharge, and
WHEREAS, the logical point of discharge is into the U. S. Army
Corps of Engineer drainage ditch, generally paralleling the Columbia River
Dike at a point immediately westerly of the the Blue Bridge, State Route 12,
right-of-way, NOW THEREFORE,
BE IT RESOLVED BY THE'CITY COUNCIL OF, THE CITY OF PASCO:
That the City Council accept the proposed. easement No. DACE^] 68-2=80-4
from the Department of the Army Corps of Engineers, which provides for the
construction, operation and maintenance of a pipe discharging into said Corps
drainage ditch.
PASSED by the City Council of the City of Pasco this 19 day
of November , 1979.
AIE ,
I J ON � F
APPROVED
'rev � 'J•,.%:a P_.'SD C�,' .vV
n
De 's J., De Fdlic_e,"Ci-ESFAftorney
Chet Bailie, Mayor
397021
131
�---
JF O'FF1 ►A^E' UES D0�
pt�GE
City of
Pas
HY jct_,4F Tt1�11UR
iP! Cull iti,��s Y
F�
i0
P.O. Box 293
Pasco, W. 99301
6W
:C.v
�4
-q
Imo!
,397021
. . ....... ....... ....
c 1"
Aa
-
E F EF1 EV11fv
c 1"
Aa
WALLA WALLA DISTRICT, CORPS OF ENGINEERS .'
BLDG. 602, CITY—COUNTY AIRPORT ,°..
WALLA WALLA, WASHINGTON 99362
9' November 1979•.
NPWRE-MD
t
Mr. Jim Ajax, Director
Department of Community Development
City of Pasco
p. 0. Box 293
Pasco, WA 99301
"�
01 ' w 0V 131979. L_
-P,_
Dear Mr.. Ajax:
c'of Department of the Army
' Inclosed for your records is an executed copy
cg � .
Easement No. DACW68-2-80-4 to the City of.Pasco.fora storm drain pipe-
line over, across, and upon land situated in the McNary Lock and Dam
Project..
Sincerely,
I '
Fol�eBSTATTE
1 Incl ✓ Chief,'Real Estate Division
Easement IP80-4
DACW68-2-80-4
mcmARY LOCK AND - DAM PROJECT,, (LAKE WALLULAi,.
.......... ......................
0,
THE SECRETARY OF THE ARMY, under and by virtue of the authority vestedin him by
Title 10, United -States Code, Section 2669, hereby.grqntsdw-, CITY, OF PASCO, ;,a) municipal
corporation of the State of Washington
hereinafter designated as the.grantee, f or.a, period notexceeding -fifty 1q; I
50 years from the date hereof, an easement for , a right of way for construction, opera-
tion and maintenance of a storm drain pipeline hereinafter referred to as
•% (N
,as 4 line"
and upon land under the control of the Secretary of the
over, across, in, a y.at the location
shown in red on Exhibit "A"
attached hereto and made a part hereof, and described as follows:
The"ea'iterly 20 feet of that portion of ''Gove"rnmen't Lot 1, 'Se'Aion' 25
`Towftship'9 North, Range -29 East,, W.M., lying westerly of State High-.,
way'3,-as established by de'ed*'recorded.undir'Auditor's'-File t 139975,
.." - I,
and measured perpendicular to the westerly line of said highway,
southerly of the northerly line of a-.par'cel conveyed to the UNITED
STATES'OF'AMERICA byinstkumieint, . recorded under Auditor's File 143667,
and northerly of center,line of'drainage`'ditc'h"ascon'stru'cted and now
I . . I
existing*..Said easement being approximately"35' feet
The tract of land above described contains 0.02 of.an acre, more or
":,.less.
\1 ,x. I -
THIS, EASEMENT, i3'granted subject to the foll6wing conditions: %;
1. The grantee shall pay to the'United States compensation in the amount of
mpe tion shall be made payable'tO.4the.
%4%
7-Arlasurer of the United States and forwarded by the grantee to-
J,f
C/ i
4-4
vvt
CQ
LJ
ENO FORM
361
PREVIOUS EDITIONS MAY BE USED (ER 405-14140)
2. The installation and/or operation and maintenance of said line shall be accomplished
States under the general supervision and su1�j
without cost or expense to the United .44 to
the approval of the officer having immediate jurisdiction over the property, Mr"einafter
designated as "said officer", and in such manner as not to endanger personnel or property of
the United States on the said United States land or obstruct travel on any road thereon. The
grantee shall have the right of ingress and egress for such purposes.
3. The use and occupation of said land incident to the exercise of the privileges hereby
granted shall be subject to such rules and regulations as the said officer may from time to time
prescribe.
,. s , ,
4. --The grantee shall supervise the said line and .cause it to be inspected at reasonable
intervals, and shall immediately repair any leaks.f ound therein as a result of such inspection, or
when requested by said officer to repair any defects. Upon completion of the installation of
said line and the -making of any repairs thereto, the premises. shall,be.restored immediately by
the grantee, at the grantee's own expense, to the same condition as that in which they existed
prior to the commencement of such work, to the satisfaction of the said officer.
5. Any property of the United States damaged or destroyed by the grantee incident to
the use and occupation of the said premises, shall be promptly repaired or replaced by the
grantee to the satisfaction of the said officer or in lieu of such repair or replacement the grantee
shall, if so required by the said officer, pay to the United States money in an amount sufficient
to compensate far the loss sustained by the United States by reason of damages to or destruction
of Government property. 4` _
6. The United States reserves to itself the right to construct, use, and maintain across,
over, and/or'tunder the right of way hereby granted, electric transmission, telephone, telegraph,
water, gas, gasoline; oil and sewer lines, and other facilities, in such manner as not to create any
unreasonable interference with the use of the right of way herein granted.--,:, ;
A II � i 'i .. i ;
7: The Unit'e'd States shall 'not be responsible 'for'darn,a 'es to property or injuries to
t. s .:.: ' :,CII uil': + i
persons: which may ajiy e from dr be in.culerit ,to the use and occupation of the said premises,
nor for'ddrs.ages to the property of the granteeac�x xh*umdnsftxUWXiVh"xQdx#fkelcg t
x( nn dace3cj, nor for -damages to the property or injuries to the person of the grantee's
o• .vers, agents, servants, or employees, or others who may be on said premises at their invita-
tion or 'the •invi,tati,on of anyone of them, arising from or incident to government activities, and
the grdn ee shall -hold the United States harmless flrom. any and all such claims.
c. ,........ .• ,
8. The United States shall not be responsible for damages to property or injuries to
persons_ which may arise from or be incident to the construction, maintenance, and use of said
,� .�..•i , a,s c i° .,.. ,� s :..; i y be re qu fired from
9.,That the. grantee shall furnish through said line such service as. may
time to time for governmental purposes on said land, provided that payment for such service
will be made by the United States at rates which shall be mutually agreeable but which shall
never exceed the most favorable rates granted by the grantee for similar service.
t.uT.Liii.l:ul:.�'-.,.ti l,: l: :l.« I:�q. �� .•i
v�e�,r�10: In: the.event all or Iany.port'ion•of said, land occupied by said line shall be needed -by
the United•States, or -.in the event the existence of said line shall be considered detrimental to
governmental activities, grantee shall, from time to time, upon notice so to do, and as
mthe often
as so notified, remove said line and related facilities to such other location or locations on said
project land as may be designated by said officer, and,.in the event said Iine, shall not be removed or
relocated within ninety (90) days after any aforesaid notice, the United States may cause the
same to be done at the expense of the grantee.
etre art thereof oy time
notice tTtuWbgrantee'1 osal of said land or any p
or failure, neglect, or refusal by t
he
granted interferes with the use e S Secretary o f the Army f f this grant, or for
or it may be te""nin°ted by l with any and all of the conditions of
grantee fly and promptly to comp y
nnnvue, or for abandonment.
,,,.r,,ntee shall, without expense
5
GSD
NO
CIQ
',i
pTo jec�t
a d- roti a'J t e y te9t b daof the grantee, of i„ c:, a� ti t U refusal by tthe
y sa
de ter any
as vnnay be
n 90) ntee. y ... w a E Thereof
with ,u.1; oor any p
reloeat be done. ai the a osal o satid' f ailurc� neglect, rant, or f or
sam a or
for this 0
e n erferes wLth the the S cir ith of
yeand alt of the eondtitions
g,anted b , to 7nina,ted by ,ncp y nse
1
or it may and promptly to 00 l without exile
grantee fully ?nent• th t �ne� halmaU i►�dica}e, remove
nonuse, or f'or abandon this grant, >
termination of. of ed and occupied '
etary zed to be used , or
the expiration or h time as the Secr author+ 11 a, neglect
Upon within suc 'ices hereby ntee sha f
12• States, and restore the prem the. gra have the option
United • said and In the evhnet United States shall ensatian
to the line from to the said o�ieer' ises, witlwut oomp e
the said satisfactory so restore the pr f the United States, said at the eVnit
to a condition said line and erty w nafges afore against the United
to remove the the said line as the prom n the restoration on �coun.t of its
refuse over have any claim for said line , I >
Line and pertor
either to take remove the said l the grantee ha over of '
theref or, or to in no event shat the taking
rantee, and agents, on account of and shad inure' i
of the g o ers or g
States or its fT� and be binding upon �"
removal• tni shall extend a d assigns of the grantee.
ent
this ins s'u,�;cessors,
13 The conditions of representatives, ar as the rights of the
ective only ipso( tarn such Per -
AS the benefit °f the�� meet is efl rantee shall ob •
od that this •instn and that the 9
un rned; rights.
I� That it is Percy are conce
ting
in the said Pro ny other exis
United States account of a
as may be necessary °n conditions'
mission tional
See Attach
ed
sheet for adds
tie 10, United States Code,
Section 2662•
f' the Army
ect to Tt '
easel" is not sub? the Secretary •o
This eas hard this 9th
by authority to +nv '
• IN. WITNESS W
HEREOF/ I haV° her8wK 9 19
November -
day of
. R. �%l�i�y. ."'a l'w' .� y''�i�2fS �i..p ..zz+i L`r�rlr�•1'•t• �� ,'+'' + � ,
44
RSTNT TE 'Division
o f Engineers
tG�hief Real Estate Corp
District,
Walla Walla f"
h�
GPO 937•jj9
397()Z-1
;z
—i
+�
n
. R. �%l�i�y. ."'a l'w' .� y''�i�2fS �i..p ..zz+i L`r�rlr�•1'•t• �� ,'+'' + � ,
44
RSTNT TE 'Division
o f Engineers
tG�hief Real Estate Corp
District,
Walla Walla f"
h�
GPO 937•jj9
397()Z-1
,1. t rl {".a-:n..�..14:6...`• :_�:.�:?-it :•a'rli`Nl.•lt
i • t i ..st -,.R v 1.?,i' : V', i _ a.u.:.._:iJ,e.S �' _>__s
15. That the grantee shall not discriminate against any person or persons
because of race, creed, color, sex, or national origin in the conduct of its
operations hereunder. The grantee furnishes as part of this contract an
Assurance (Exhibit "B") that the City of Pasco will comply with Title VI
of the Civil Rights Act of 1964 (-978 Stat. 241) and Department of Defense
Directive 5500.11 issued pursuant thereto and published in Part 300 of Title
'32, Code of -Federal Regulations.
16. The United States shall not be responsible for damages to property or
injuries to persons which may arise from or be incident to the use and
occupation of the said premises, nor for damages to the property of the
grantee, nor for damages to.the property or injuries to the person of the
grantee's offices, agents•, servants, or employees, or others who may be
on said premises at their invitation or the invitation of any one of them,
arising from or incident to the flooding of the said premises by the Govern
ment activities, and the grantee shall hold the United States harmless from
any and all- such claims.
17. That the grantee shall comply with all State and Federal laws.and
regulations with regard to .the disposal or emptying of pollutants of any
nature into the interceptor drain.
18. In construction of the storm drain the grantee shall provide concrete,
or gabion slope protection below and across from pipe invert to prevent
erosion of the inplace filter -materials. The protection method should'not
materially reduce the ditch cross-sectional area or prevent flow from reach-
ing the pump plant. Pipe invert to the open ditch should not be less than
one foot above ditch 'invert grade. All excavation should be confined to
the land side of the levee drain ditch.
19. The grantee agrees that the subject easement will be for only those
drains presently proposed and will not cover future expansion of the system
a -t a later date.
20. Inasmuch as construction requirements may necessitate the temporary use
of additional land adjoining the right-of-way during the construction period,
the right to use the additional land required during the construction period
is hereby granted.
21. The grantee agrees to assume responsibility and clean tip of any petroleum
based products or pollutants from the drain if they have reached the Corps of -
Engineers drain system from the storm sewer. outfall.
22. That Condition 1 was deleted; Conditions 7, 10, and 13 were altered;-{
and Conditions 15,•16,. 17, 18, 19, 20, 21, and 22 were added. prior to execu-
tion of this easement. '9
r
R
ti �` 1'r:. � � � '�. r '•� fir_+:.R �, r i�,�+�-'S�S� L�. r��r. �:.
..,:t. - ..�. �. .. war � 'r:. 3i ` ,: � _ 1 'eb: .n.. -. r� �• •mak. .x.. .
STATE OF WASHINGTON )
SS
COUNTY OF WALLA WALLA )
On this day personally appeared before me Harold Buerstatte ,
to me known to be the'Real Estate Officer, Walla Walla District, Corps of
Engineers, who executed the within and foregoing instrument, and acknow-
ledged that (s)he signed the same in the capacity above stated by authority
of the Secretary of the Army and for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this 9th day of
November 1979.
(SEAL)
�No ary Public in and for he State of
Washington, residing at Walla Walla
My Commission expires,%/ ����1�Z
RE
:10M
ua
cv
C6