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HomeMy WebLinkAboutUnited States Army Corps of Engineers - Right of Way Located on McNary Lock & Dam ProjectFRANKLIN COUNTY RECORDING COVER SHEET NAME AND RETURN ADDRESS: Janette Romero 525 N. 3rd Ave Pasco, WA 99301 FORM COMPLETED BY: Janette Romero PLEASE PRINT OR TYPE INFORMATION: AFN # 1910283 RW 03/12/2020 09:44 AM 28 Page(s) $130.50 Matt Beaton, Auditor Franklin Co.. WA PHONE 4 509-543-5738 DOCUMENT TITLE(S) (or transaction contained therein) 1. Easement for Pipeline Right -Of -Way 2. 3. GRANTOR(S) (Last name, first name, middle name/initials): 1. U.S. Armv Corps 2. 3. 4. Additional names on page of document GRANTEE(S) (Last name, first name, middle name/initials): 1. City of Pasco 2. 3. 4. ❑ Additional names on page of document LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range) Section - 18 Township - 9N Range - 29E ❑ Additional legal is on page of document AUDITOR'S REFERENCE NUMBER(S) ASSESSOR'S PROPERTY TAX PARCEL NUMBER 118-221-157 ❑ Additional parcel numbers on page of document The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information EMERGENCY NONSTANDARD REQUEST I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature Date No. DACW68-2-20-17 DEPARTMENT OF THE ARMY EASEMENT FOR PIPELINE RIGHT-OF-WAY LOCATED ON McNary Lock and Dam Project Franklin County, Washington Tract SS -3727 THE SECRETARY OF THE ARMY, under and by virtue of the authority vested in the Secretary by Title 10 United States Code, Section 2668, having found that the granting of this easement will not be against the public interest, hereby grants to CITY OF PASCO, 525 North Third Avenue, Pasco, Washington, 99301, duly organized and existing under and by virtue of the laws of the State of Washington, hereinafter referred to as the Grantee, an easement for operation and maintenance of an industrial water supply pumping plant, pipe line, and appurtenant structures hereinafter referred to as the facilities, occupying 0.16 ± acres, over, across, in and upon lands of the United States as identified in Exhibits A, B, and C hereinafter referred to as the premises, and which are attached hereto and made a part hereof. THIS EASEMENT is granted subject to the following conditions. 1. TERM This easement is granted for a term of 25 years, beginning 23 October 2016, and ending 22 October 2041 2. CONSIDERATION a. The Grantee shall pay in advance to the United States the amount of TWENTY FIVE THOUSAND AND NO1100ths DOLLARS ($25,000.00), in full for the term hereof to the order of USACE WALLA WALLA and delivered to the Chief, Real Estate, U.S. Army Corps of Engineers, 201 North 3rd Avenue, Walla Walla, Washington 99362-1876. b. All consideration and other payments due under the terms of this easement must be paid on or before the date they are due in order to avoid the mandatory sanctions imposed by the Debt Collection Act of 1982, 31 U.S.C. Section 3717. This statute Water Intake Facility Pipeline Easement for Irrigation 27 May 2016 requires the imposition of an interest charge for the late payment of debts owed to the United States, an administrative charge to cover the costs of processing and handling delinquent debts, and the assessment of an additional penalty charge on any portion of a debt that is more than 90 days past due. The provisions of the statute will be implemented as follows: (1) The United States will impose an interest charge, the amount to be determined by law or regulation, on late payment of rent. Interest will accrue from the due date. An administrative charge to cover the cost of processing and handling each late payment will also be imposed. (2) In addition to the charges set forth above, the United States will impose a penalty charge of six percent (6%) per annum on any payment, or portion thereof, more than ninety (90) days past due. The penalty shall accrue from the date of the delinquency and will continue to accrue until the debt is paid in full. (3) All payments received will be applied first to any accumulated interest, administrative and penalty charges and then to any unpaid rental or other payment balance. Interest will not accrue on any administrative or late payment penalty charge. 3. NOTICES All correspondence and notices to be given pursuant to this easement shall be addressed, if to the Grantee, to City of Pasco, 525 North Third Avenue, Pasco, Washington, 99301, and, if to the United States, to the District Engineer, Attention: Chief, Real Estate, Real Estate Division, Walla Walla District, U.S. Army Corps of Engineers, 201 North 31d Avenue, Walla Walla, Washington 99362-1876, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited postage prepaid in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary", "District Engineer", "Installation Commander", or "said officer" shall include their duly authorized representatives. Any reference to "Grantee" shall include assignees, transferees and their duly authorized representatives. 5. SUPERVISION BY THE DISTRICT ENGINEER The construction, operation, maintenance, repair or replacement of said facilities, including culverts and other drainage facilities, shall be performed at no cost or expense Water Intake Facility Pipeline Easement for Irrigation 2 27 May 2016 to the United States and subject to the approval of the District Engineer, Walla Walla District, hereinafter referred to as said officer. Upon the completion of any of the above activities, the Grantee shall immediately restore the premises to the satisfaction of said officer. The use and occupation of the premises for the purposes herein granted shall be subject to such rules and regulations as said officer prescribes in writing from time to time. 6. APPLICABLE LAWS AND REGULATIONS The Grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located. 7. CONDITION OF PREMISES The Grantee acknowledges that it has inspected the premises, knows the condition, and understands that the same is granted without any representation or warranties whatsoever and without any obligation on the part of the United States. 8. INSPECTION AND REPAIRS The Grantee shall inspect the facilities at reasonable intervals and immediately repair any defects found by such inspection or when required by said officer to repair any such defects. 9. PROTECTION OF GOVERNMENT PROPERTY The Grantee shall be responsible for any damage that may be caused to the property of the United States by the activities of the Grantee under this easement and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to a condition satisfactory to said officer, or at the election of said officer, reimbursement made therefor by the Grantee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 10. RIGHT TO ENTER The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with government purposes, to make inspections, to remove timber or other material, except property of the Grantee, to flood the premises and/or to make any other use of the lands as may be necessary in connection with government purposes, and the Water Intake Facility Pipeline Easement for Irrigation 3 27 May 2016 Grantee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 11. TRANSFERS AND ASSIGNMENTS Without prior written approval by said District Engineer, the Grantee shall neither transfer nor assign this easement or any part thereof nor grant any interest, privilege or license whatsoever in connection with this easement. The provisions and conditions of this easement shall extend to and be binding upon and shall inure to the benefit of the representatives, successors and assigns of the Grantee. 12. INDEMNITY The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property or injuries to the person of the Grantee's officers, agents, or employees or others who may be on the premises at their invitation or the invitation of any one of them, and the Grantee shall hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors. 13. SUBJECT TO EASEMENTS This easement is subject to all other existing easements, or those subsequently granted as well as established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the Grantee, and easements will not be granted which will, in the opinion of said officer, interfere with the use of the premises by the Grantee. 14. REQUIRED SERVICES The Grantee shall furnish through said facilities such services as may be required from time to time for governmental purposes, 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. 15. RELOCATION OF FACILITIES In the event all or any portion of the premises occupied by the said facilities shall be needed by the United States, or in the event the existence of said facilities is determined to be detrimental to governmental activities, the Grantee shall from time to time, upon notice to do so, and as often as so notified, remove said facilities to such other location on the premises as may be designated by said officer. In the event said facilities shall Water Intake Facility Pipeline Easement for Irrigation 4 27 May 2016 not be removed or relocated within ninety (90) days after such notice, the United States may cause such relocation at the sole expense of the Grantee. 16. TERMINATION This easement may be terminated by the Secretary upon 30 days written notice to the Grantee if the Secretary shall determine that the right-of-way hereby granted interferes with the use or disposal of said land by the United States, or it may be revoked by the Secretary for failure of the Grantee to comply with any or all of the conditions of this easement, or for non-use for a period of two (2) years, or for abandonment. 17. SOIL AND WATER CONSERVATION The Grantee shall maintain, in a manner satisfactory to said officer, all soil and water conservation structures that may be in existence upon said premises at the beginning of or that may be constructed by the Grantee during the term of this easement, and the Grantee shall take appropriate measures to prevent or control soil erosion within the right- of-way herein granted. Any soil erosion occurring outside the premises resulting from the activities of the Grantee shall be corrected by the Grantee as directed by said officer. 18. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties hereto shall protect the premises against pollution of its air, ground, and water. The Grantee shall promptly comply with any laws, regulations, conditions or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is strictly prohibited. Such regulations, conditions, or instructions in effect or prescribed by the said Environmental Protection Agency or any Federal, state, interstate or local governmental agency are hereby made a condition of this easement. The Grantee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The use of any pesticides or herbicides within the premises shall be in conformance with all applicable Federal, state and local laws and regulations. The Grantee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. c. The Grantee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs arising from the Grantee's activities, the Grantee shall be liable to restore the damaged resources. Water Intake Facility Pipeline Easement for Irrigation cj 27 May 2016 20. HISTORIC PRESERVATION The Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the Grantee shall immediately notify said officer and protect the site and material from further disturbance until said officer gives clearance to proceed. 21. NON-DISCRIMINATION The Grantee shall not discriminate against any person or persons because of race, color, age, sex, handicap, national origin, religion, sexual orientation, or gender identity in the conduct of operations on the premises. 22. RESTORATION On or before the expiration or termination of this easement, the Grantee shall, without expense to the United States, and within such time as said officer may indicate, remove said facilities and restore the premises to the satisfaction of said officer. In the event the Grantee shall fail to remove said facilities and restore the premises, the United States shall have the option to take over said facilities without compensation, or to remove said facilities and perform the restoration at the expense of the Grantee, and the Grantee shall have no claim for damages against the United States or its officers or agents for such action. 23. SITE-SPECIFIC CONDITION ON PESTICIDES AND NOXIOUS WEED CONTROL Noxious species management on the premises shall be performed in accordance with the most up-to-date U.S. Army Corps of Engineers, Walla Walla District, Pest Management Program Implementation as well as any subsequent revisions and additional consultations to the instructions and related documents pertaining to pest treatment activities. Guidance regarding methodology, authorized control measures, Water Intake Facility Pipeline Easement for Irrigation 6 27 May 2016 forms and reporting is available on request from the address for the United States found in condition NOTICES, or by visiting hftp:/iwww.nww.usace.army.mil/Missions/Promects/PestManagement. 24. EXECUTIVE ORDER 13658 It has been determined this contract is not subject to Executive Order 13658 or the regulations issued by the Secretary of Labor in 29 CFR part 10 pursuant to the Executive Order and the following provisions. 25. EXECUTIVE ORDER 13658 HOLD HARMLESS AND INDEMNIFICATION If a duly authorized representative of the United States discovers or determines, whether before or subsequent to executing this contract, that an erroneous determination regarding the applicability of Executive Order 13658 was made, contractor, to the extent permitted by law, agrees to indemnify and hold harmless the United States, its officers, agents and employees, for and from any and all liabilities, losses, claims, expenses, suits, fines, penalties, judgments, demands or actions, costs, fees, and damages directly or indirectly arising out of, caused by, related to, resulting from or in any way predicated upon, in whole or in part, the erroneous Executive Order 13658 determination. This includes contractor releasing any claim or entitlement it would otherwise have to an equitable adjustment to the contract and indemnifying and holding harmless the United States from the claims of subcontractors and contractor employees. 26. EXECUTIVE ORDER 13706 It has been determined this contract is not subject to Executive Order 13706 or the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the Executive Order. 27. SITE-SPECIFIC CONDITION ON NATIONAL HISTORIC PRESERVATION ACT Except as authorized herein, the Grantee shall not engage in any construction, alteration, demolition, or ground disturbing activities on the premises, unless such activities have been reviewed and approved by the District Engineer in accordance with the requirements of the National Historic Preservation Act of 1966 (54 USC § 3001 et seq.). The Grantee shall be responsible for all costs, and any actions directed or required by the District Engineer, which are associated with the National Historic Preservation Act review process, or other applicable law. Water Intake Facility Pipeline Easement for Irrigation 7 27 May 2016 28. SITE-SPECIFIC CONDITION ON DELETED CONDITION 19, ENVIRONMENTAL BASELINE STUDY Condition 19 of this easement, which addresses an Environmental Baseline Study, is deleted in its entirety pursuant to Engineer Regulation 200-2-3, Paragraph 14-9. 29. SITE-SPECIFIC CONDITION ON WATER RIGHTS This easement is granted for the exercise of water rights granted by the State of Washington and does not create any right to use water from the McNary Lock and Dam Project. Granting of this easement does not preclude the Secretary of the Army from requiring the Grantee to enter into an appropriate water service contract in consideration of such irrigation benefits as may, in the opinion of the Secretary of the Army, be derived from the withdrawal of irrigation water from the McNary Lock and Dam Project. 30. SITE-SPECIFIC CONDITION ON ELECTRICAL REQUIREMENTS a. All electrical equipment shall be installed, operated and maintained in compliance with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located, including, but not limited to, the provisions of the latest edition of the National Electrical Safety Code (NESC) and the Environmental Protection Agency regulations on Polychlorinated Biphenyls (PCBs). b. Electrical service to submerged motors or those located above water shall be by means of a sealed, water -proof, multiple conductor cable with controls and switches located on land. The location of such motors and the electrical feeders shall be clearly marked to be visible to boaters and swimmers. Additionally, signs warning "DANGER - HIGH VOLTAGE - Unauthorized Access Prohibited" shall be erected to be visible from the land and water approaches to the equipment. 31. SITE-SPECIFIC CONDITION ON SCREENING CRITERIA AND MAINTENANCE a. Water intakes must meet current National Marine Fisheries (NMFS) fish screening criteria. As of the date of this easement, the NMFS fish screening criteria can be found at: hfp://www.westcoast.fisheries.noaa.gov/publications/hydropower/fish passage design criteria.pdf b. The entire screen facility must function as designed. C. The entire screen facility shall be maintained and must remain in good working condition. Water Intake Facility Pipeline Easement for Irrigation 8 27 May 2016 d. When the screen material wears out or otherwise loses its functionality, it must be replaced with screen material meeting the then current NMFS screening criteria. To comply with this condition, structural modifications may be required to retrofit an existing facility with new screen material. e. Screen cleaning will occur annually at a minimum, or as often as needed to maintain adequate flow. Screen cleaning may occur at any time of year. f. In -water work to replace screens may occur. Screens which can be handled by hand can be replaced at any time of the year. Larger screen replacements that require the use of heavy equipment or divers will only occur between December 15 and February 28, or between August 1 and August 31. Notification of scheduled in -water work shall be made a minimum of 90 days prior to commencement of work in the manner prescribed in the condition on NOTICES. 32. SITE-SPECIFIC CONDITION ON SIGNAGE The Grantee shall provide and post signage for the facility to include emergency contact information. The signage shall be posted on both the land facing side and the water facing side in a manner to be visible to anyone approaching the facility. The signage shall be clearly marked and in accordance with the example shown in Exhibit D. 33. DISCLAIMER This instrument is effective only insofar as the rights of the United States in the property are concerned, and the Grantee shall obtain such permission as may be required on account of any other existing rights. It is understood that the granting of this easement does not eliminate the necessity of obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. § 403), Section 404 of the Clean Water Act (33 U.S.C. § 1344) or any other permit or license which may be required by Federal, state or local statute in connection with use of the premises. THIS EASEMENT is not subject to Title 10, United States Code, Section 2662, as amended. Water Intake Facility Pipeline Easement for Irrigation 9 27 May 2016 IN WITNESS WHREOF I have hereunto set my hand by authority of the Secretary of the Army this 2O t day of Fe,6ri&Ar , 2-020. C. NA=- RODNEY C. HUFFMAN Chief, Real Estate Real Estate Contracting Officer THIS EASEMENT is also executed by the Grantee this day of 2-02b DAVE ZAB City Manager City of Pasco Water Intake Facility Pipeline Easement for Irrigation 10 27 May 2016 ACKNOWLEDGMENT STATE OF WASHINGTON SS COUNTY OF WALLA WALLA On this day of 20 , before me the undersigned Notary Public, personally appeared RODNEY C. HUFFMAN, Chief, Real Estate, Real Estate Contracting Officer, Real Estate Division, Walla Walla District, U.S. Army Corps of Engineers, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this J? day of FebrLtar )ll 2019. EAL) BARSMAKDMONG Notary Public in and for the State of Washington, Notary Public State Of ' °i residing at 201 N. 3rd Ave., Walla Walla WA ozxnr�ss�on �2oaas� 9 , Aly Comm. Eom Deo rdW 2S, 2022 My commission expires: io2�o?8�0? Water Intake Facility Pipeline Easement for Irrigation 11 27 May 2016 CERTIFICATE OF AUTHORITY �4o,�� Y1, - _ certify that I am the C� 'Tl 1 CLL Z (Name of the Clerk or Appropriate Official) (Position Title) of C ``4 01'— (a) kO that A&L-L(,- , who (Name of the Entity) (Name of individual signing outgrant) signed the foregoing instrument on behalf of the Grantee was then 10V ._ L �- _ of CQqi b ` O5� . I further certify that the (Title of individual signing outgrant) (Name of the Entity) said officer was acting within the scope and powers delegated to this officer by the governing body of the Grantee in executing said instrument. DATE: °Z I II �? OZD Water Intake Facility Pipeline Easementfor Irrigation 27 May 2016 Name of the Clerk or Appropriate Official (Affix Seal) 12 ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF ra&Mt_) On this day personally appeared before me :IY)JI , to me known to me to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and seal of office this 1 day of ;�A� 0 20'LQ . V� Jar*tte Salazal' Rarnero t Notary PuWlc State of Wwhirgto t MyAppointnW4 EWM M DIM= (SEAL) Water Intake Facility Pipeline Easement for Irrigation 27 May 2016 �4' (, ?� Notate Public in and for the S ate of Washington, residing at My commission expires: 13 THIS INSTRUMENT PREPARED BY: JON MC-NULTY, Realty Specialist Real Estate Division Walla Walla District U.S. Army Corps of Engineers 201 North 3rd Avenue Walla Walla, WA 99362-1876 509-527-7324 REVIEWED FOR LEGAL SUFFICIENCY BY: EVAN CARDEN, Assistant District Counsel Office of Counsel Walla Walla District U.S. Army Corps of Engineers 201 North 3rd Ave Walla Walla, WA 99362-1876 509-527-7717 Water Intake Facility Pipeline Easement for Irrigation 14 27 May 2016 ] DIU � (j) E 0 0 m m O . CL 2 U) § 3 o 7 D 0 m 2 7 / 0 \\ \/ > CD � R@&E Co j3 o §_/Z3 • /-4�§ O § \ ( 'o M 4 / /2 )/ � \/\ � ## x )H\� Cr pg'� � > \}}\ � OH DISI(GN IGR � LEGAL DESCRIPTION FOR RAW WATER INTAKE EASEMENT FOR THAT PORTION OWNED BY THE UNITED STATES OF AMERICA A 60 FOOT WIDE STRIP OF LAND, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND GOVERNMENT LOT 10F SECTION 18, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, LYING IN THE CITY OF PASCO, FRANKLIN COUNTY WASHINGTON. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18, THENCE SOUTH 00°20'10" WEST ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND SAID LOT 1 A DISTANCE OF 1547.38 FEET TO THE McNARY LOCK AND DAM PROJECT BOUNDARY AS DEPICTED ON U.S. ARMY ENGINEER MAP MDG -0-0-0/37, THIS PROJECT BOUNDARY COINCIDES WITH THE SUBDIVISION BOUNDARY OF HARRIS SUBDIVISION, AS RECORDED WITH THE FRANKLIN COUNTY AUDITOR IN VOLUME C OF PLATS AT PAGE 92, RECORDS OF FRANKLIN COUNTY WASHINGTON; THENCE SOUTH 54°07'11'` EAST ALONG SAID PROJECT BOUNDARY AND SAID SUBDIVISION A DISTANCE OF 511.63 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 4249'37" WEST A DISTANCE OF 88.04 FEET TO THE HISTORICAL LINE OF ORDINARY HIGH WATER FOR THE COLUMBIA RIVER AS DEPICTED ON McNARY RESERVOIR TOPOGRAPHIC MAPS MD -1-3/59 AND MD -1-3/58, DATED JUNE 13,1948; THENCE SOUTH 5303'23" EAST ALONG SAID ORDINARY HIGH WATER LINE A DISTANCE OF 60.32 FEET; THENCE NORTH 42049'37" EAST DISTANCE OF 89.17 FEETTO SAID PROJECT BOUNDARY LINE AND SUBDIVISION LINE; THENCE NORTH 54°07'11" WESTALONG SAID PROJECT BOUNDARY LINE AND SUBDIVISION LINE A DISTANCE OF 60.45 FEET TO THE POINT OF BEGGING. CONTAINING APPROXIMATELY 5315 SQUARE FEET. SUBJECT TO EASEMENTS AND RESERVATIONS OF RECORD. engineers ! landscape architects I planners 1 surveyors 5 North colville, Street, Suite 200 - Walla Walla, VVA 99362 - 509/956-3026 - 509/547-5129 fax EXHIBIT B THAT PORTION IMPACTED BY A FLOWAGE EASEMENT GRANTED TO THE UNITED STATES OF AMERICA A 60 FOOT WIDE STRIP OF LAND, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND GOVERNMENT LOT 10F SECTION 18, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, LYING IN THE CITY OF PASCO, FRANKLIN COUNTY WASHINGTON. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18, THENCE SOUTH 00°20'10" WEST ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND SAID LOT 1 A DISTANCE OF 1547.38 FEET TO THE McNARY LOCK AND DAM PROJECT BOUNDARY AS DEPICTED ON U.S. ARMY ENGINEER MAP MDG -0-0-0/37, THIS PROJECT BOUNDARY COINCIDES WITH THE SUBDIVISION BOUNDARY OF HARRIS SUBDIVISION, AS RECORDED WITH THE FRANKLIN COUNTY AUDITOR IN VOLUME C OF PLATS AT PAGE 92, RECORDS OF FRANKLIN COUNTY WASHINGTON; THENCE SOUTH 54°07'11" EAST ALONG SAID PROJECT BOUNDARY AND SAID SUBDIVISION A DISTANCE OF 511.63 FEETTO THE POINT OF BEGINNING; THENCE NORTH 4249'37" EAST A DISTANCE OF 72.78 FEET TO THE EDGE OF THE FLOWAGE EASEMENT GRANTED UNDER AUDITOR'S FILE NUMBER 161561, AS RECORDED WITH THE FRANKLIN COUNTY AUDITOR; THENCE SOUTH 5411'07" EAST ALONG THE EDGE OF SAID FLOWAGE EASEMENT A DISTANCE OF 60.46 FEET, THENCE LEAVING THE EDGE OF SAID FLOWAGE EASEMENT SOUTH 4249'37" WEST A DISTANCE OF 72.85 FEETTO THE SAID PROJECT BOUNDARY AND SAID SUBDIVISION BOUNDARY; THENCE NORTH 54°07'11" WEST ALONG SAID PROJECT BOUNDARY AND SAID SUBDIVISION BOUNDARY A DISTANCE OF 60.45 FEET TO THE SAID POINT OF BEGINNING. CONTAINING APPROXIMATELY 4368 SQUARE FEET. SUBJECT TO EASEMENTS AND RESERVATIONS OF RECORD. $/10/ 'ZOr3 engineers I landscape architects I planners 1 surveyors 5 North Colville Street, suite 270 - walla Walla, WA 99362 - 509/956-3026 - 509/547-5129 fax EXHIBIT B FD 1/8" PIN SET IN CONC FD 1/8" PIN SET IN CONC IN 2" PIPE, NW COR SEC. 18 IN 2" PIPE, NE COR SEC 18 REF ROS AFN 1735319 (5306.98'R2) REF ROS AFN 1735319 . S 89;38' 18" - 5307.14M _ . _ . + - $ 76'26.48.. i. E a0 r*� . 2349.26' ^n 00 LO O N I v3 o �N 00toi OD U O 3 N ii' 3 m FD 1/8" PIN SET IN CONC v 0 Ln IN 2" PIPE, E 1/4 COR SEC 18 b 0 200 400 REF RDS AFN 1735319 " N •� Olm00 n �d C, ONO OD � N) ULo Ln O v N FD 2" USER BRASS CAP STAMPED WCMa SEC. 13118 REF USER RETRACEMENT MAP ZZ 00. FD 2" COE AL CAP STAMPED a ` \ LS 21384, SE COR SEC. 18 \ \ I \ IN \ �O ?ao �x PER ROS AFN 1822635 N POINT OF \ \ \ \ \ 1 WERSECTION s� $ ` \ \ \ IN, �'� Q0� FD 1/8" PIN SET IN CONC IN 2' PIPE, \ \ \ \ \ 09 �� LE 1430+00.00 \ \ \ \ \ `>.�� j 30.00R REF ROS AFN \ \ \ 479269 1407+24. 230.00' L \ o \ ti \ :o \ \ \ 19619 C1STEF;�5� /. FD 1/8' PIN SET \ \ 'AL LAO IN CONC IN 2" PIPE, \ \ \ \ EF ROS AFN 54 92698 \ \ \ \ 5 North Colville Street CLIENT: City of Posco PROJECT NO.: 4004-00 S Walla Walla, WA 99362 SURVEYOR: Greg E. Flowers DATE: 8-10-2015 @HD 509/956-3026 306/695-3488 CALC BY: ADM DRAWN BY: AOM SCALE. 1' 200' 509/547-5129 fax SECTION: 18 TOWNSHIP: 9 NORTH RANGE: 29 EAST IDESIGN GROUP eiryineers j landscape architects i planners' surveyors Internet:www.hdiaesigrlgroup.€om COUNTY: FRANKLIN SHEET OF 3 CITY: PASCC7 — EXHIBIT C 120 _ ---COURT ST-------------- ------ W - -------•---- -f° J LOT 12 HARRIS SUBDIVISION FLESHMAN 118221120 --p------ o�QGo 0- z LOT 10 y o. i2�^ HARRIS SUBDIVISION a Q 3 WASHINGTON DDT s 118221102 I, S 54.11'07" E`3t— HWY R%W UNE - BASED ON AES TO OFFSET MONUMENTS POINT OF INTERSECTION ` _. � S 5407'11" E 511.63' ~ E=�EMFNr j— k to N 54'07'11" W X 60.45' LJ U' 40' USACE EASEMENT :- 3 _ fE SHOWN PER ROS V.3 PG.606-- AF #1828589"� oI�0600Ncli40 WA DNR EASEMENT lSHOWN PER ROS V.3 PG.606 N V) S 53'03'23" AF #182858960.32' DNR PERMIT 51-092341 HD, a engineers I J&idscape architects 1, planners I surveyors t i M' i LOT 9 HARRIS SUBDIVISION WASHINGTON DOT 118221095 x—x—x— - HARRI ~ S-Su�!W !aN L \-SOUTH UNE OF HARRIS SUBDIVISIOAND GOVERNMENT TAKING UNE EDGE OF WATER t LOCATED 4-30-2015 AVERAGE ELEVATION OF 340.0_ LINE OF ORDINARY HIGH WATER AS SHOWN ON US ARMY CORPS TOPOGRAPHIC MAP MD -1-3/58 & MD -1-3/58, DATED JUNE 13, 1949. WATER SURFACE ELEVATIONS NOTED ON THIS MAP CORRESPOND TO BATHYMETRI OBSERVATIONS PERFORM BY HDJ IN JANUARY 2012. COLUMBIA RIVER 5 North Colville Street CLIENT: City of Posco PROJECT NO.: 4004-00 Walla Walla, WA 99362 SURVEYOR: Greg E. Flowers DATE: 8-10-2015 509/956-3026 3061695-3488 CALC BY: ADM DRAWN BY: ADM SCALE: 1" = 60' 509/547-5129 fax SECTION: 18 TOWNSHIP: 9 NORTH I RANGE: 29 EAST intemet: rm .hdjdes!gngroup.romi g. € i CITY; PASCO COUNTY: FRANKLIN y SHEET 2 OF 3 ;- EXHIBIT C SURVEYOR'S NARRA T! VE THE PURPOSE OF THIS SURVEY WAS TO LOCATE THE IMPROVEMENTS ASSOCIATED WITH THE CITY OF PASCO'S RAW WATER INTAKE ON THE SHORE OF THE COLUMBIA RIVER AND TO PREPARE AN ACCURATE LEGAL DESCRIPTION OVER THE PORTION OF LAND OWNED BY THE UNITED STATES ARMY CORP OF ENGINEERS. THIS SAID STRIP OF LAND BEING THE LAND BETWEEN THE MONUMENTED PROJECT BOUNDARY AND THE ORIGINAL UNE OF ORDINARY HIGH WATER OF THE COLUMBIA RIVER PRIOR TO RESERVOIR FILLING OF THE McNARY RESERVOIR. IN OUR IN177AL FIELD WORK WE TIED INTO THE SECTION CORNERS AS SHOWN ON SHEET 1 OF THIS EXHIBIT AS WELL AS TYING WASHINGTON STATE DDT OFFSET MONUMENTS FOR INTERSTATE 182. AT THE SAME TIME WE LOCATED THE ABOVE GROUND VISIBLE FEATURES AND UNDERGROUND UTILITY LOCATE MARKS FOR THE RAW WATER INTAKEE, ONCE THE FIELD WORK WAS COMPLETED, WE ESTABLISHED THE RECORD PARCEL LINES, RIGHT OF WAY DATA, GOVERNMENT TAKING UNE, AND ORDINARY HIGH WATER UNE FROM THE FOLLOWING SOURCES. • HARRIS SUBDIVISION, V. C OF PLATS, PG. 92. • RECORD OF SURVEY, V. 3 OF SURVEYS, PG. 605. • AS CONSTRUCTED PLANS FOR SR 182 COLUMBIA RIVER TO SR 395 1/C — SURFACING AND PAVING, DATED MARCH 14, 1983. DEPICTS MONUMENT OFFSET LOCATIONS • SR 182, GOOSE GAP ROAD TO ROAD 68 INTERCHANGE VICINITY, DATED DECEMBER 29, 1978. DEPICTS CENTER LINES AND RIGHT OF WAY LINES • U.S ARMY ENGINEER, McNARY LOCK AND DAM, MONUMENTED PROJECT BOUNDARY, SHEET MDG -0-0-0/37. • U.S ARMY ENGINEER, McNARY RESERVOIR TOPOGRAPHIC MAP WALLULA THROUGH RICHLAND, SHEETS MD -1-3/59 AND MD -1-3/58, DATED JUNE 13, 1949. IT WAS DETERMINED THAT THE SOUTHERLY UNE OF HARRIS SUBDIVISION IS IN THE SAME LOCATION AS THE PROJECT BOUNDARY UNE DEPICTED ON SHEET MDG -0-0-0/37. IN ORDER TO DEPICT THE THE ORIGINAL LINE OF ORDINARY HIGH WATER WE DIGITIZED THE INFORMATION FROM SHEETS MD -1-3/59 AND MD -1-3/58, WE WERE ABLE TO CONFIRM THE ACCURACY OF THIS LINE BASED ON A SPOT ELEVATION OF 326.9 WATER SURFACE ELEVATION, THE HORIZONTAL LOCA77ON OF THIS POINT COINCIDED WITH OUR 327 CONTOUR UNE BASED UPON BATHYMETRIC OBSERVATIONS PERFORMED BY HDJ IN JANUARY 2012. THE FLOWAGE EASEMENT DEPICTED HEREON IS SHOWN PER THE DOCUMENT RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 161561. THE RECORD OF SURVEY FILED IN V. 3 OF SURVEYS, PG 605, WHICH SHOWS A PROPOSED EASEMENT FOR THE U.S ARMY CORPS OF ENGINEERS AND A DNR AQUA77C LEASE. 774E LOCATION OF THESE EASEMENTS DOES NOT ENCOMPASS THE IMPROVEMENTS THAT WERE LOCATED AS PART OF OUR WORK. THE CURRENT IMPROVEMENTS FOR THE EXISTING RAW WATER INTAKE ARE LOCATED ON 774E POR71ON OF LOT 11 THAT IS OWNED BY WASHINGTON STATE AS PART OF THE INTERSTATE 1825 RIGHT OF WAY. THE EQUIPMENT USED TO PERFORM 1741S WORK CONSISTS OF TRIMBLE R6-4 RECEIVERS HAVING AN ACCURACY OF 8MM+2PPM 77MES MEASURED LENGTH, AS WELL AS TRIMBLE S6 3' TOTAL STATION. HD5 North Colville Street CLIENT: City of Pasco PROJECT NO.: 4004-00 Walla Walla, WA 99362 SURVEYOR: Greg E. Flowers DATE: B-10-2015 5091956-3026 306/695-3488 CALC BY: ADM DRAWN BY: ADM SCALE: 1" = V 509/547-5129 fax y GROUP SECTION: 18 TOWNSHIP: 9 NORTH RANGE: 29 EAST engineers l landscape architects ; planners surveyors Intemet: �dww.hdidesigngroup.com 6 [CITY- PAS�C7 _ T I COUNTY: FRANKLIN SHEET 3 OF 3 EXHIBIT C LEGEND C COMPUTED MEASUREMENT R1 RECORD MEASUREMENT PER SURVEY V.3 P.605 R2 RECORD MEASUREMENT PER ' '' SURVEY AFN 1735319 ssls R3 RECORD MEASUREMENT PER S� sI�AT��•,.' SURVEYAFN l82 ND R4 RECORD MEASUREMENT PER HARRIS SUBDIVISION HD5 North Colville Street CLIENT: City of Pasco PROJECT NO.: 4004-00 Walla Walla, WA 99362 SURVEYOR: Greg E. Flowers DATE: B-10-2015 5091956-3026 306/695-3488 CALC BY: ADM DRAWN BY: ADM SCALE: 1" = V 509/547-5129 fax y GROUP SECTION: 18 TOWNSHIP: 9 NORTH RANGE: 29 EAST engineers l landscape architects ; planners surveyors Intemet: �dww.hdidesigngroup.com 6 [CITY- PAS�C7 _ T I COUNTY: FRANKLIN SHEET 3 OF 3 EXHIBIT C "Danger High Voltage Unauthorized Access Prohibited" sign: Color Format Image: 1 High Voltage Unauthorized Access Prohibited Typeface/Font: Helvetica Bold Helvetica Bold Letter -spacing: 0 See Matrix below Legend (letter) Size: O A= 1.125" See Grid Format below Legend Material: • Cut vinyl Panel Size: e 12" x 12" Panel Material: • Aluminum (0.080-0.125") "Example for: 30. SITE SPECIFIC CONDITION ON ELECTRICAL REQUIREMENTS Legend/BackLegend/Backq round Color: • Rule/Bar: Red ® Word "Danger" is White Retro -Reflective ® Words "High Voltage Unauthorized Access Prohibited" is Black Panel Color/Background: White Retro -Reflective Sheeting EXHIBIT D-1 Color Standard: 5 -digit numbers below refer to color samples contained in a fan deck titled Federal Standard 5958 Colors. The fan deck published by the General Services Administration, order number 7690-01-162-2210. • Red Rule/Bar: Federal Standard Color is 11310. • White Legend (letters): Federal Standard Color is 27925. • White Background: Federal Standard Color is 27875. • Black Legend (letters): Federal Standard Color is 17038. Grid Format: Prepare Danger sign using the grid format shown below. The dimensions of the sign are derived from A, which is the height of a capital letter in the descriptive legend. The lettering is upper and lower case (initial capitals only) Helvetica Bold typeface placed flush to the left with a ragged right margin. 5A 1.5A .66A .5A A .5A A .5A A .5A A A 9A 66A EXHIBIT D-2 "Emergency Contact" sign: Color Format Image: Typeface/Font: • Helvetica Bold Helvetica Bold Letter -spacing: • See Matrix below Legend letter Size: • A= 1.125" • see Grid Format below Legend Material: • Cut vinyl Panel Size: • 32.25" x 11.875' Panel Material: Aluminum (0.080-0.125") Legend/Background Color: ® Background: blue retro -reflective sheeting • Legend; Overbar and Rule: White retro -reflective "Example for: 32. SITE SPECIFIC CONDITION ON SIGNAGE Color Standard: 5 -digit numbers below refer to color samples contained in a fan deck titled Federal Standard 5958 Colors. The fan deck published by the General Services Administration, order number 7690-01-162-2210. ® White Overbar: Federal Standard Color is 27875. White Legend: Federal Standard Color is 27925. • Blue Background: Federal Standard Color is 15092. EXHIBIT D-3 Grid Format: Prepare Emergency Contact sign using the grid format shown below. The dimensions of the sign are derived from A, which is the height of a capital letter in the descriptive legend. The lettering is upper and lower case (initial capitals only) Helvetica Bold typeface placed flush to the left with a ragged right margin. A 625A 5A 75A.. E-A A. EA A ►A A 5 A 1 A 2A 25X I X "1 EA, EXHIBIT D-4 Rus typestyle Is lzaiil lot the fegenos of ,dertdioation, recreatior area, landside dewed safety signs and industrial safety nns, and as a headline typeface for icor, struction, pnaperty markers, and regulatory 3aneis. Refer to each respecnve settlor for examples of its +,Se on the varus Types of signs. Nelrmtka Bald: La ftw-epockM Matrix A tilt d1806 -,y of this alphabet is shown on the wade of this foldout. For ase of the hMter•spectng guide. follow tmtrucharls or, pages D T and 8 Use only the Hetvatica 9otd typeface as specified in this manual Do not substi- tote another typesryie or any other type - lace when preparreg signs Mal speeify Helverica BOO DA RFa t Use only the specified :Methods for type- setting All eniergernents andtor reductions are to use a high-quality ghotographic pro. cess. All Wof forms aro to Ce sharp. crisp. and distortion -free EXHIBIT D-5 Letter-sptsciellp Guide m in cams what* oommor-genelieltid Wet oapilel W Mrs am r high, the Sourer came oelow re letters ate dhgnm nt i.ne: watt systems are net avail bie. a letter -spacing W4M *rid puncnin icn we at their mattes ming the rgm and fell guide and legend prepawabon system may omespwimlk q situs. The legends are Wwrttost edges of omh Benet (Sete be obtained Brough the Co" national attsanlhis0 a! tra Capital letter twilight mid 1ktl9NVW ar The Ak*-trationS and sqn coordinator D-Ugteplix0y enlarged -reduced to .restrud+ons Eetow will explain now to use The C.i7 m lener-spaong guide Uses a floats Camera-ready artwork fpr anV We 'ne cells transparent letter assernbly system. sign The "ale cells can be re -used Pleaae he sura ;o rndreata the nmchl of tatters. 7urnerals and punctuation ate rdefirntely i-ietvetica reourrco (Soto. Medium printed on separate pieces of acetate. The On the tetret cells printed aoove ane Regular) "her reattesting a set of - N0.raha6on . Recretio n illustration t reatio�.n hiva'naUots C i.oner-speang Guide Instructions ftpNeaca tAedkXn IpW 012) and Ho%vhca oatareen each latter Rep star 40e90 D t5! Please nota that a taw W ttw vakAa in me Stop 1. Draw two rtatmrtef parapet txtaa. 3 5- `R' 'he mwnx we Vgwsvt* let+on as A- to W I In tett "'w.. apart and song arkxmp to +a xit"" 'JtC ExampleThe liras latter is cap*&, this :sea. the mark of the 9 to wo'de tc be asumbh d rime linin MI wrve newt is a Iowar case 'a The matrix for it the not mark CO ere ''A a patm'oe d is a3 a qulde ter alnjrung Ilia coRe3pondirg Imes Ht4wattca SW on page C.9 incicates that elle 5errtE values are Zero ;SU(:h as "wr to ' e ) on trio acetawe C013. proper apace between :the 'R" art Vie a '9 'hie c"is. the left rnoM r the "e- will 14 .19' Place Vie mark on the left side of the 'e' dhmM on the rqn mark d the "v'. Stop 2 Tape the hast letter in place oi' akgnng 19' from the man on the V! side of the W. tete ;ins* on the acetate cefis "h the lines veil The next letter is e c The space Slap 4 The taped aaetNe letters are tr. -,- drawn in atop one, between a "'c` and an "e' m 19' Place the OFtOkD�8tKh0A weft a Photostat Carrs enc - c" so the left mark is 19' trom the "a' Be rite traew knee are bbcwd out an rm h.m Slop 3. Tape eaC1, Subsequent lath m place sure that the knee above and below the lettere -"a" c shnhv the kn1it'" by mlarmigl it Vm wNiii-spatting rndn; for are aligned wren the knee drawn on ft a page owe of photasm sr ,,,at twestitis 'relvalra 9o4d ipaw 0-9: (;crcnue tapng down all ar atm leCers r. Ixaae inserting the valtAs sttarrh m snit malrx EXHIBIT D-6 W :P—kv and Flush left Alignment W.a To ptaCe one Word ath r arwther with the as Incicatett In me rtla"O Intusbatlon b) promf word,spimoe. place the spermq Ahef the first *her of the sec nd *A" s square ( ) with the spacing tndfcated On in piece. remove the square (Hltlstrs"On C, Me matnx. atter the last toner of the first word as shown :n lkstrabon a below Place IN first letter of the second word Inc appfopnate dtslartce from the square Recreation 11 RecreationoArea Recreation Area -rvA,O,. `kASrl left ahgnq�nl. wnerl Inaxin" d nL3t, Ian ' altgnn.ent `)aMRen two Ines of type. a vt.ua :.ompensatcof- must be made fol certain 'sow �� � Fish OfrnS Fpr exarme f a Ime of type begins MM a tepptal 'fV" and a second tine Y *ype ' D"MS min a Caps■i ", " . the second 6tte wig ■ nave m be posltorled fareter to the fen than Cleaning Omer ,he gist Ime In to appear as MDUQr% It Is C aNgrnng (aro IldusYSUpn d) M letters that re. ' Quite a cornomsw w nate a sWLW Ince- want on the Wdw cold marked "FL for flush : krah Left Alignment ,* isee i"tfatwi ei 'IIuLYBSKIR d . EXHIBIT D-7