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HomeMy WebLinkAbout1320 Resolutionttorney Denn c0e,Felloe i N GT \.1 .00MIW ATTE Evn Wel s, Cityi:Clerk T • J., Apprbv0 as to fiorm,,,V.; del 39'.946 -) Resolution No 1320 EASEMENT FROM U S ARMY CORPS OF ENGINEERS TO CITY OF PASCO WATERLINES VICINITY OF DOCK AREA AT PORT MARINE TERMINAL WHEREAS, recently the Fire Department determined that there was a deficiency in fire flow in the Port Marine Terminal Area, and WHEREAS, the Port of Pasco and the City of Pasco came to agreement as to how to correct this deficiency, and WHEREAS, in order to correct this deficiency, it was necessary to construct new water lines, and WHEREAS, such lines are now under construction, and WHEREAS, the construction of these lines necessitates the granting of an easement from the Army Corps of Engineers to the City of Pasco, and WHEREAS, such construction is in the public interest, NOW, THEREFORE, BE IT RESOLVED that the Pasco City Council does hereby accept the easement that the U S Army Corps of Engineers has graciously offered unto the City allowing for the construction of said lines PASSED BY THE CITY COUNCIL OF THETY OF PASCO, WASHINGTON, this / 9 day of 1980 Chet Bailie Mayor RfCORD1: +14 YO'..--LY.1 ,$)F RECORDS P REQUEST OF City o f Pasco FEB Zi f3:•001,4 DOROTW ICWNI,AlWaOR FRA KkWPAIVOSH PUTY P.O. Box 294 Pasco, WA 99301 ye 1 s, City Clerk t L Tfl 399469 Chief, Real Estate Division 1 Incl Easement #80-22 ROLD BUERSTATTE DEPARTMENT OF THE ARMY WALLA WALLA DISTRICT, CORPS OF ENGINEERS BLDG 602, CITY-COUNTY AIRPORT WALLA WALLA, WASHINGTON 99362 399 469 NPWRE -MD 23 January 1980 Mr. Jim Ajax, Director Department of Community Development City of Pasco P. O. Box 293 Pasco, WA 99301 i.r, ;ITO i [-2 , JAN2/11980 III ) COP'IVLNITI _ Dear Mr. Ajax Inclosed for your records is an executed copy of Department of the Army Easement No. DACW68-2-80-22, granting the right to construct, operate, and maintain a 6-inch fire main on Levee 12 with a 12-inch pressurized waterline over, across, in and upon certain McNary Project lands for a fifty year period beginning 23 January 1980 and ending 22 January 2030, Sincerely, 399469 DEPARTMENT OF THE ARMY 11 4:4 EASEMENT FOR RIGHT OF WAY , (PIPELINE) DACW68-2-80-22 McNARY LOCK AND DAM PROJECT I 3994** THE SECRETARY OF THE ARMY, under and by virtue of the authority vested in him by I Title 10, United States Code, Section 2669, hereby grants to the City of Pasco, a municipal 747 ,/ 4 of the State of Washington hereinafter designated as the grantee, for a period not exceeding fifty ( 50 ) years from the date hereof, an easement for a right of way for construction, opera- tion and maintenance of a 6-inch fire main in Levee 12 with a 12-inch pres- surized waterline, hereinafter referred to as "said line", over, across, in, and upon kind undei the control of the Secretary of the Army at the location shown in red on Exhibit "A" and described in Exhibit "B". Exhibits "A" and "B" are attached hereto and made a part hereof, intibissambsdrasstaitawac ‘e ‘i j a4 A9 ° • 4." s'ie4 NA, I The grantee shall pay to the United State camjeepsoatee&Mhe amount of THIS EASEMENT is granted subject to the following ocmdttalbuyi, ark' 0 ) , payable ...1004A nee Compensation shall be made payable to the Treasurer of the Ung•IfkilUtile"sand forwarded by the g2antee to ch_ edistw v`* vs catte Vr13' tsiecol -c:51 EN "" ° 1361 AUG 63 PREVIOUS EDITIONS MAY BE USED (ER 405 1-840) 399469 ON ... , / -9 g C•76 1i `1;•,1-1 ,1UP 744a2slo 399469 7 2 The installation and/or operation and maintenance of said line dual be accomplished ? without cost or expense to the United States under the general supervision and subject to the approval of the officer having immediate jurisdiction over the property, hereinafter 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 „ $ 4 The grantee shall sujvises the,.sad . line and cause it to be inspected at reasonable intervals, and shall immediately repat kilcf found therein as a result of such inspection, or when requested by said officer to repair any difebts' 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 wItchthey,,extsted 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 for the loss sustained by the United States by reason of damages to or destruction of Government property 6- The United States reserves to itself the right to construct, use, and maintain across, over, and/or under 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 7 The United States shall not be responsible for damages to property _o_ri,Lu gasst, to persons which may arise from or be incident to the use and ocopatioaregvf-tPi emises, nor for damages to the property of th 6' injuries to the person of the grantee (if an individual) , norcjilAti) P6per y or injuries to the person of the grantee's offerose,gervants, or employees, or others who may be on said premises at their invita- tion or the invitation of any one of them, arising from or incident to government activates, and the grantee shall hold the United States harmless from any and all such claims 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 line 9 That the grantee shall furnish through said line such service as may be required from 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 .4.1 • 10 In the event all or any portion of said land occupied by said line shall be needed by the United States, or an the event the existence of said lane shall be considered detrimental to Riar governmental activities, the grantee shall, from time to time, upon notice so to do, and as 6f,(ete ;to as so notified, remove said line and related facilities to such other location or locations on said land as may be designated by saul officer, and, in the event said line 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 2 Q99 69 N -ss s s -14 399469 11. This easement may be terminated by the Secretary of the Army upon a reasonable notice to the grantee if the Secretary of the Army shall determine that the right-of-way hereby granted interferes with the use or disposal of said land or any part thereof by the United States, or it may be terminated by the Secretary of the Army for failure, neglect, or refusal by the grantee fully and promptly to comply with any and all of the conditions of this grant, or for nonuse, or for abandonment. 12. Upon the expiration or termination of this grant, the grantee shall, without expense to the United States, and within such time as the Secretary of the Army may indicate, remove the said line from said land and restore the premises hereby authorized to be used and occupied to a condition satisfactory to the said officer. In the event the grantee shall fail, neglect, or refuse to remove the said line and so restore the premises, the United States shall have the option either to take over the said line as the property of the United States, without compensation therefore, or to remove the said line and perform the restoration work as aforesaid at the expense of the grantee, and in no event shall the grantee have any claim for damages against the United States or its officers or agents, on account of the taking over of said line or on account of its removal. 13. The conditions of this instrument shall extend to and be binding upon and shall inure to the benefit of the representatives, successors, and assigns of the grantee. 14. That it is understood that this instrument is effective only insofar as the rights of the United States in the said property are concerned, and that the grantee shall obtain such permission as may be necessary on account of any other existing rights. 15. 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 officers, agents, servants, or employees, or others who may be on said premises at their invitation or the invitation of any one of thed, arising from or Incident to the flooding of the said premises by the Govern- ment or flooding from any other cause, or arising from or incident to other Government activities, and the grantee shall hold the United States harmless from any and all such claims. 16 The right is hereby reserved to the United States, its officers, agents, contractors, and employees, to enter upon said premises at any time and for any purpose necessary or convenient in connection with river and harbor and flood control work, to remove therefrom timber or other material required or necessary for such work, and to flood said premises whenever necessary, and the grantee shall have no claim for damages of any character 3 39946 9 399469 on account thereof. The right to flood said premises shall include the right to inundate the land permanently or intermittently as may be necessary in the operation of the reservoir or pool. The United States shall not be liable for damages to any property of the grantee that may be located upon said premises as the result of such inundation, wave action, the deposit of debris, or any other cause resulting from the operation of the Dam and Reservoir. 17. The line shall not cross the levee core at an elevation lower than 6 feet below the crest of the levee. This will permit city code requirements for 42-inch cover to prevent freezing and will be above the level of the 1894 flood regulated to 840,000 cfs. Minimum elevations for pipe shall include all temporary excavations for construction operations. 18. Burial within the levee slope should be minimized to reduce construc- tion excavation into the levee. Maximum depth of burial should not exceed the 42-inch cover requirement. 19. Backfill of pipe excavation shall replace each zone of levee material including riprap, in kind in its original position. Backfill of the pipe and all replacement levee materials shall meet Corps standards for moisture con- trol compaction and lift thickness. 20. The pipe within the levee section shall be of a type with suitable thickness and coating to protect it against deterioration by chemical reac- tion between the pipe, ground water and foundation materials. 21. 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. 22. Any damages to the easement area and any surrounding area which might occur during construction, will require restoration to the satisfac- tion of the Ice Harbor Project Engineer. 23. Prior to execution of this easement, the granting clause was modified, Conditions No. 1 and 7 were deleted and Conditions No. 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23 were added This easement is not subject to Title 10, United States Code, Section 2662. mi IN WITNESS WHEREOF I have hereunto set my hand this 23rd day cu of January 1980. q- OL BUERS ATTE hief, Real Estate Division Walla Walla District, Corps of Engineers 4 3994g9 e '34 cz.==1 399469 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 Fngineers, 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 23rd day of January 1980. (SEAL ) 6 ary Public in and for e State of Washington, residing at Walla Walla My Commission expires 17 Oct 81 G.o• f:4?1 c'D 399469 , s — .-- .-...,, N, , I t‘a % 4. 4-1 ri 1 tP 5 rKEE.7- c'1-17-'-i lei6 4r- o, -I:. 'if° 4o , 20' Water L1PC Easernetrt - ------, ,--. ,--- - I , 17.d'abcr e rAt-11( _Skie.,AGE nG> G.- 4.1 "--7 13, / " L f./ .......n11112.• II LW - 7-cf,p 0 NV" nI 'DA ,r.:-.:. i ' . i,'. •3 5 c", / I ... . . / !. J ...'; rn 1-3 , : : / 1...) I., i C. 399469 PASCO LEVEE 12 EASEMENT FOR WATERLINE ACROSS U.S. GOVERNMENT PROPERTY A 20 FOOT EASEMENT FOR WATERLINE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 37, RIVERSIDE ADDITION TO PASCO, AS RECORDED IN VOLUME B AT PAGE 44, RECORDS OF FRANKLIN COUNTY WASHINGTON; THENCE SOUTHERLY, PARALLEL WITH THE WESTERLY LINE OF SAID BLOCK 37, A D ISTANCE OF 100 FEET MORE OR LESS TO THE SOUTH RIGHT-OF- WAY LINE OF RIVER STREET; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY, PARALLEL W ITH THE WESTERLY LINE OF SAID BLOCK 37, A DISTANCE OF 110 FEET mORE OR LCSS TO A °OtNT 5 FEET SOUTH OF THE SOUTHERLY TOE OF PASCO LEVEE 12 APPROXIMATE STATION L332 + 95; THENCE EASTERLY, PARALLEL WITH SAID LEVEE, A DISTANCE OF 730 FEET MORE OR LESS TO STATION L340 + 25; THENCE NORTHERLY, PARALLEL WITH THE WESTERLY L INE OF SAID BLOCK 37, A DISTANCE OF 110 FEET MORE OR LESS TO THE SOUTHERLY RIGHT-OF-WAY LINE OF RIVER STREET AND TERMINUS OF SAID EASEMENT. 399469 EXHIBIT °°B"