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
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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.
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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