HomeMy WebLinkAbout4010 Resolution - DNR Easement for Columbia East Force MainRESOLUTION NO. 4010
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE EASEMENT
DOCUMENTS FOR THE COLUMBIA EAST FORCE MAIN PROJECT ON
DEPARTMENT OF NATURAL RESOURCES LAND.
WHEREAS, the City of Pasco (City) has designed a public works project for the
conveyance of processor wastewater discharge from the Columbia East Service Area to the
Process Water Reuse Facility; and
WHEREAS, the project alignment requires the acquisition of permanent and temporary
easements for the installation of the force main in a parcel owned by the Department of Natural
Resources (DNR); and
WHEREAS, the City and the Department of Natural Resources entered an agreement on
January 9, 2019 regarding the willingness and conditions for the granting of the easement for this
project; and
WHEREAS, the City, through its consultants, performed an appraisal for determining the
estimated fair market value of said easements for the preparation of the offer to DNR; and
and
WHEREAS, DNR prepared a third -party appraisal to provide a counter offer to the City;
WHEREAS, the City reviewed DNR's counter offer and found it appropriate; and
WHEREAS, the City Council authorizes the City to proceed with the acquisition of the
designated easements via the execution of said easement documentation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager, or his designee, is authorized to execute the easement documents
for the Columbia East Force Main project, copies of which are attached hereto and incorporated
herein by as Exhibit A; and take all necessary steps required to complete this transaction.
Resolution — DNR Easement - Columbia East FM - 1
PASSED by the City Council of the City of Pasco, Washington this 16th day of November,
2020.
Saul Martinez
Mayor
ATTEST:
A L L�4� � �
Debra Barham, CMC
City Clerk
Resolution — DNR Easement - Columbia East FM - 2
APPROVED AS TO FORM:
Kerr Ferguson LLC
City Attorney
Exhibit A
When recorded return to:
Department of Natural Resources
Southeast Region
Atte: Matt Fromherz
713 Bowers Rd
Ellensburg, WA 98926
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WASHINGTON STATE DEPARTMENT OF
nATURAL RESOURCES
HILARY S. FRANZ I COMMISSIONER OF PUBLIC LANDS
UTILITY EASEMENT
Grantors: STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES
Grantees: CITY OF PASCO
Legal Description: Ptn. Sec. 16, T9N, R30E, W.M.
Assessor's Property Tax Parcel or Account Number: 113-210-016
Cross Reference: Survey AFN 1922884
DNR Easement No. 50-098101
This Easement is between CITY OF PASCO, a political subdivision of the State of
Washington, herein called "Grantee" and the STATE OF WASHINGTON, acting by and
through the Department of Natural Resources, herein called "State" dated as of
"Effective Date."
Conveyance. State, hereby grants and conveys to Grantee a non-exclusive in -gross easement
over Section 16, Township 9 North, Range 30 East, W.M., in Franklin County, Washington,
said Easement legally described and shown as "PROPOSED UTILITY EASEMENT" on that
Record of Survey recorded in Franklin County on October 8, 2020 under Auditor File No.
1922884 (hereafter Record of Survey), and approximately as shown on Exhibit A and Exhibit
A-1 (hereafter Easement Area).
Construction and Access. State grants to Grantee a nonexclusive easement, for construction
purposes only, over the Easement Area shown on Exhibit A and Exhibit A-1, which includes
Page 1 of 17 Easement No. 50-098101
the Easement Area and that easement area described as "30' TCE" on the Record of Survey,
and approximately as shown on Exhibit A and Exhibit A-1 as "30' Temporary Construction
Easement", for construction on the Easement Area. This construction Easement shall
terminate upon completion of construction by Grantee, but no later than one year from the
Effective Date of this Easement.
Consideration. The consideration paid by the Grantee to State is as follows:
The performance by Grantee of the terms and conditions specified herein, TEN and no/100
Dollars ($10.00) and other valuable consideration received from Grantee.
Term. The Easement shall be perpetual unless terminated as set forth hereafter.
Purpose. This Easement is granted for the purpose of and is limited to constructing,
installing, operating, maintaining, repairing, replacing, and using two buried 16 -inch force
main pipelines ("Line") for transport of food processing wastewater to Grantee's Process
Wastewater Reuse Facility. Authorized use shall include the right to travel, maintain, repair,
construct or reconstruct the Easement Area subject to the restrictions set forth hereafter. The
purpose of this Easement shall not be changed or modified without the consent of State which
shall be at its sole discretion. Any unauthorized use of this Easement Area shall be
considered a material breach of this Easement.
Assignment. This Easement, or any of the rights granted herein, shall not be apportioned,
assigned, or transferred in whole or in part without the prior written consent of State, which
shall be at State's sole discretion. In approving a request to apportion, assign, or transfer an
interest in this Easement, State shall be entitled to charge for administrative costs for
approving the transfer and require additional compensation for any additional use or user.
These rights will be in addition to and not a limitation upon State's discretionary authority
under this subsection.
Reservations. State reserves all ownership of the Easement Area and profits thereon
(including timber unless conveyed under this Easement) and the right of use for any purpose
including but not limited to the right to remove profits within the Easement Area reserved by
State; the right at all times to cross and recross the Easement Area at any place on grade or
otherwise; and the right to use, maintain, patrol, reconstruct or repair the Easement Area so
long as it does not unreasonably interfere with the rights granted herein. State may grant to
third parties any and all rights reserved. Once Grantee clears timber conveyed under this
Easement, if any, timber subsequently grown in such cleared areas shall belong to State.
In the event State uses the Easement Area for the purpose of growing crops, State or its lessee
shall assume responsibility for pest and weed control within the Easement Area. State will
give the Grantee written notice of the dates State will assume and relinquish responsibility for
pest and weed control.
Page 2 of 17 Easement No. 50-098101
Permittees. Grantee may permit its respective employees, agents, contractors, licensees,
lessees, purchasers of timber or other profits and their agents, herein individually referred to
as "Permittee" and collectively referred to as "Permittees", to exercise the rights granted
herein. Acts or omissions of the Permittees operating under this Easement shall be deemed an
act of the Grantee. Restrictions or requirements placed on the Grantee herein shall apply
equally to the Permittees.
Compliance with Laws. Grantee shall, at its own expense, conform to all applicable laws,
regulations, permits, or requirements of any public authority affecting the Easement Area and
the use thereof. Upon request, Grantee shall supply State with copies of permits or orders.
Export Restrictions. Any export restricted timber originating from state land under this
Easement shall not be exported until processed. Grantee shall comply with all applicable
requirements of WAC 240-15-015 (relating to the prohibitions on export and substitution),
WAC 240-15-025 (relating to reporting requirements), and WAC 240-15-030 (relating to
enforcement). All export restricted timber from state lands shall be painted and branded in
compliance with WAC 240-15-030(2). If Grantee knowingly violates any of the prohibitions
in WAC 240-15-015, Grantee shall be barred from bidding on or purchasing export restricted
timber as provided. Grantee shall comply with the Export Administration Act of 1979 (50
U.S.C. App. Subsection 2406(i)) which prohibits the export of unprocessed western cedar
logs harvested from state lands.
Indemnity. Grantee shall indemnify, defend with counsel acceptable to State, and hold
harmless State, its employees, officers, and agents from any and all liability, damages,
expenses, causes of action, suits, claims, costs, fees (including attorney's fees), penalties, or
judgments, of any nature whatsoever, arising out of the use, occupation, or control of the
Easement Area by Grantee, its contractors, subcontractors, invitees, agents, employees,
licensees, or permittees, including but not limited to the use, storage, generation, processing,
transportation, handling, disposal, release, or threatened release of any hazardous substance or
materials. To the extent that RCW 4.24.115 applies, Grantee shall not be required to
indemnify State from State's sole or concurrent negligence. This indemnification shall
survive the expiration or termination of the Easement. Grantee waives its immunity under
Title 51 RCW to the extent required to indemnify State.
Insurance. Before using any of said rights granted herein and at its own expense, the Grantee
shall obtain and keep in force during the term of this Easement and require its contractors,
sub -contractors, or other permittees to obtain while operating on the Easement Area, the
following liability insurance policies, insuring Grantee against liability arising out of its
operations, including use of vehicles. Failure to buy and maintain the required insurance may
result in the termination of the Easement at State's option. The limits of insurance, which
may be increased by State, as deemed necessary, shall not be less than as follows:
(a) Commercial General Liability (CGL) insurance with a limit of not less than
$1,000,000 per each occurrence. If such CGL insurance contains aggregate
Page 3 of 17 Easement No. 50-098101
limits, the general aggregate limits shall be at least twice the "each occurrence"
limit, and the products -completed operations aggregate limit shall be at least
twice the "each occurrence" limit.
(b) Employer's liability ("Stop Gap") insurance, and if necessary, commercial
umbrella liability insurance with limits not less than $1,000,000 each accident
for bodily injury by accident or $1,000,000 each employee for bodily injury by
disease.
(c) Business Auto Policy (BAP) insurance, and if necessary, commercial umbrella
liability insurance with a limit of not less than $1,000,000 per accident, with
such insurance covering liability arising out of "Any Auto". Business auto
coverage shall be written on ISO form CA 00 01, or substitute liability form
providing equivalent coverage. If necessary the policy shall be endorsed to
provide contractual liability coverage and cover a "covered pollution cost or
expense" as provided in the 1990 or later versions of CA 00 01. Grantee
waives all rights against State for the recovery of damages to the extent they
are covered by business auto liability or commercial umbrella liability
insurance.
(d) Grantee shall comply with all State of Washington workers' compensation
statutes and regulations. Workers' compensation coverage shall be provided
for all employees of Grantee and employees of any contractors, sub -contractors
or permittees. Except as prohibited by law, Grantee(s) waives all rights of
subrogation against State for recovery of damages to the extent they are
covered by workers compensation, employer's liability, commercial general
liability or commercial umbrella liability insurance.
All insurance must be purchased on an occurrence basis and should be issued by companies
admitted to do business within the State of Washington and have a rating of A- or better in the
most recently published edition of Best's Reports. Any exception shall be reviewed and
approved in advance by the Risk Manager for the Department of Natural Resources. If an
insurer is not admitted, all insurance policies and procedures for issuing the insurance policies
must comply with Chapter 48.15 RCW and 284-15 WAC.
The State of Washington, Department of Natural Resources, its elected and appointed
officials, agents and employees shall be named as an additional insured on all general
liability, excess, and umbrella insurance policies.
Before using any said rights granted herein, Grantee shall furnish State with a certificate(s) of
insurance, executed by a duly authorized representative of each insurer, showing compliance
with the insurance requirements specified above. Certificate(s) must reference State's
easement number.
Page 4 of 17 Easement No. 50-098101
State shall be provided written notice before cancellation or non -renewal of any insurance
referred to herein, as prescribed in statute (Chapter 48.18 RCW or Chapter 48.15 RCW).
Grantee shall include all contractors, sub -contractors and permittees as insureds under all
required insurance policies, or shall furnish separate certificates of insurance and
endorsements for each. Contractors, sub -contractors and permittees must comply with all
insurance requirements stated herein. Failure of contractors, sub -contractors and permittees to
comply with insurance requirements does not limit Grantee's liability or responsibility.
All insurance provided in compliance with this Easement shall be primary as to any other
insurance or self-insurance programs afforded to or maintained by State. Grantee waives all
rights against State for recovery of damages to the extent these damages are covered by
general liability or umbrella insurance maintained pursuant to this Easement.
By requiring insurance herein, State does not represent that coverage and limits will be
adequate to protect Grantee, and such coverage and limits shall not limit Grantee's liability
under the indemnities and reimbursements granted to State in this Easement.
If Grantee is self-insured, evidence of its status as a self-insured entity shall be provided to
State. If requested by State, Grantee must describe its financial condition and the self-insured
funding mechanism.
Waste. Grantee shall not cause or permit any filling activity to occur in or on the Easement
Area, except as approved by State. Grantee shall not deposit refuse, garbage, or other waste
matter or use, store, generate, process, transport, handle, release, or dispose of any hazardous
substance, or other pollutants in or on the Easement Area except in accordance with all
applicable laws.
The term hazardous substance means any substance or material as those terms are now or are
hereafter defined or regulated under any federal, state, or local law including but not limited
to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA
42 USC 9601 et seq.) as administered by the US Environmental Protection Agency, or the
Washington Model Toxic Control Act (MTCA RCW 70.105D) as administered by the State
Dept. of Ecology.
Grantee shall immediately assume responsibility for a hazardous substance release (spill)
caused by Grantee or its Permittees on or adjoining the Easement Area.
As responsible party, Grantee shall:
• Immediately notify all necessary emergency response agencies, as required under
federal, state and local laws, regulations, or policies.
• Following emergency response agency notifications, notify State (Dept. of Natural
Resources) of all spill releases and Grantee actions completed for spill reporting and
actions planned or completed toward spill cleanup. State notification requirements are
Page 5 of 17 Easement No. 50-098101
"same business day" notification for normal state workdays and "next available
business day" notification for weekends and holidays.
• At Grantees sole expense, conduct all actions necessary to mitigate the spill release.
Mitigation response actions may include, but are not necessarily limited to, initial
release containment, follow-up site cleanup and monitoring actions, and continued
contact and coordination with regulators and State, as defined under the
aforementioned laws, regulations, policies and this agreement.
• Other than performing initial emergency response cleanup/containment actions; obtain
approvals in advance of all site cleanup actions (e.g. site characterization
investigations, feasibility studies, site cleanup and confirmation sampling, and
groundwater monitoring) conducted on State lands, in coordination with regulatory
agencies and State.
• Obtain and understand all necessary hazardous substance spill release notification and
response mitigation requirements, in advance of conducting Grantee operations on
State land.
Survey Markers. Grantee shall not destroy any land survey corner monuments and/or
reference points (including but not limited to corner markers, witness objects, or line markers)
without prior written approval from State, which shall not be unreasonably withheld.
Monuments or reference points that must necessarily be disturbed or destroyed during road
construction or maintenance activities must be adequately referenced and replaced, at the
Grantee's cost, under the direction of a State of Washington Professional Land Surveyor, in
accordance with all applicable laws of the State of Washington in force at the time of
construction, including but not limited to RCW 58.24, and all Department of Natural
Resources regulations pertaining to preservation of such monuments and reference points.
Danger Tree Removal. Individual trees located within the danger tree zones outside of the
Easement Area and within the Easement Area which shall be dangerous to the operation and
maintenance of the Line in the Easement Area, may be removed subject to the following:
1. Grantee shall mark the trees.
2. Grantee shall timber cruise the trees.
3. Grantee shall notify State in writing of their request to remove the danger trees
and include the cruise and a map showing the location of the trees.
4. State will determine the fair market value of the trees it authorizes to be
removed.
5. State will approve the removal of danger trees contingent upon payment in full
by the Grantee prior to removal.
In the event of an emergency requiring immediate action to protect person or property,
Grantee shall:
1. Fall and/or remove the necessary danger tree(s) without advance authorization
Page 6 of 17 Easement No. 50-098101
from State.
2. Cruise the felled and/or removed tree(s).
3. Grantee shall notify State in writing of the tree(s) felled and/or removed and
include a map of the location and a cruise within fourteen (14) days after
felling.
4. State will determine the fair market value of the tree(s) felled and/or removed
and bill the Grantee.
5. Grantee shall pay for the tree(s) within thirty (30) days of receipt of the billing
notice.
Operational Restrictions. Site-specific operational requirements are listed in Exhibit B.
Non-compliance with these requirements shall constitute a breach of this easement and may
result in State suspending operations until the breach is remedied.
Construction/Reconstruction. Sixty (60) days prior to any construction or reconstruction by
Grantee on the Easement Area, Grantee shall submit a written plan of construction to State
outlining the construction or activity for State's approval, which shall not be unreasonably
withheld. In the event of an emergency requiring immediate action to protect person or
property, Grantee may take reasonable corrective action without prior notice to State. Grantee
shall notify State within thirty (30) days of any corrective action taken and all construction or
reconstruction shall comply with applicable state or local laws.
Easement Closure Risk. Grantee assumes all risk and costs associated with easement access
due to road closures and blockages caused by any road closure event, including but not
limited to environmental regulation, or natural disasters including, fire, flood, snow, slides,
tree wind throw, or road wash out. State is not obligated to repair or unblock an existing road
leading to the easement area or any part of the easement area described herein if State
determines the road is no longer safe or viable for trust management purposes.
Improvements. Grantee shall construct no improvements without the prior written consent
of State which shall be at State's sole discretion. Unless the parties agree in writing to share
the cost of improvements, improvements shall be at the sole expense of the improver.
Weed Control/Pesticides. Unless otherwise provided, Grantee shall control at its own cost,
all noxious weeds on any portion of the Easement Area herein granted. Such weed control
shall comply with county noxious weed control board rules and regulations established under
the Uniform Noxious Weed Control Statute (Chapter 17.10 RCW). Grantee shall be
responsible for, or shall immediately reimburse State any weed control cost incurred as a
result of Grantee's failure to control weeds on the Easement Area. All ground methods of
chemical weed control shall be reported to State at the region office within thirty (30) days
after the weed control activities.
In the event State uses the Easement Area for the purpose of growing crops, State or its lessee
shall assume responsibility for pest and weed control within the Easement Area. State will
Page 7 of 17 Easement No. 50-098101
give Grantee written notice of the dates State will assume and relinquish responsibility for
pest and weed control.
The aerial application of pesticides is not permitted.
Notice. Any notices or submittals required or permitted under this Easement may be
delivered personally, sent by facsimile machine or mailed first class, certified return receipt
requested, to the following addresses or to such other place as the parties hereafter direct.
Notice will be deemed given upon delivery, confirmation of facsimile, or three (3) days after
being mailed, whichever is applicable.
To State:
Department of Natural Resources
Southeast Region
713 Bowers Rd
Ellensburg, WA 98926
Phone: 509-925-8510
To: Grantee:
City of Pasco, Public Works Department
525 N 3rd Ave.
Pasco, WA 99301
Phone: 509-543-5738
Recording. Grantee shall record this Easement in the county in which the easement property
is located, at Grantee's sole expense. Grantee shall provide State with a copy of the recorded
easement. Grantee shall have thirty (30) days from the date of delivery of the final executed
agreement to comply with the requirements of this section. If Grantee fails to record this
Easement, State may record it and Grantee shall pay the costs of recording, including interest,
upon State's demand.
Forfeiture. In the event that any portion of the Easement Area is not used by Grantee, or its
assigns, for the purpose for which it was granted, within a period of five (5) years from the
Effective Date of this Easement, the rights of Grantee within said portion(s) of the Easement
Area shall revert to State, its successors or assigns; and said portion(s) of the Easement Area
shall be freed from the Easement as fully and completely as if this Easement had not been
granted; provided, however, an extension of time may be granted upon written request prior to
the expiration date of said 5 -year period and upon the terms and conditions as specified by
State. Such terms and conditions shall include, but not be limited to the right to modify the
consideration due State plus additional charges for administrative costs and appreciation of
land and valuable material.
Abandonment. If Grantee ceases to use the Easement Area for the purposes set forth herein
for a period of five (5) successive years, this Easement shall be deemed abandoned and
Page 8 of 17 Easement No. 50-098101
terminate without further action by State. Timber remaining on the Easement Area shall be
deemed abandoned.
Termination. State shall have the right to terminate this Easement if Grantee fails to cure a
material breach of this Easement within sixty (60) days of notice of default (Cure Period). If
a breach is not reasonably capable of being cured within the Cure Period for reasons other
than lack of or failure to expend funds, Grantee shall commence to cure the default within the
Cure Period and diligently pursue such action necessary to complete the Cure. In addition to
the right of termination, State shall have any other remedy available in law or equity. Any
Grantee obligations not fully performed upon termination shall continue until fully performed.
Designation of certain breaches as material throughout this Easement shall not preclude other
breaches from being declared material.
Removal of Improvements and Equipment. All improvements, buildings, fixtures and
other property erected or permanently affixed upon State lands by Grantee during the term of
said Easement, which remain upon said land sixty (60) days from the termination or
abandonment of said Easement, shall become the property of State and be considered a part of
the land upon which they are located; provided, however, that any time within sixty (60) days
after the termination or abandonment of said Easement, Grantee shall be entitled to remove
such of said improvements as can be removed without damage to said lands; or, State may
require Grantee to remove all improvements, buildings, fixtures and other structures fixed
upon State lands by Grantee, at Grantee's cost. All tools, equipment and other property not
permanently affixed upon the land by Grantee during the term of said Easement shall remain
the property of Grantee, but shall be removed within sixty (60) days after the expiration of
this Easement.
Relocation. State reserves to itself, its successors and assigns, the right to require Grantee to
realign or relocate the Line at no cost to State if the location provided for by this Easement
interferes with the use and development of the Easement Area. Any new location for the
buried Line resulting from such realignment or relocation shall be covered by the terms and
conditions of this Easement and this Easement shall be construed as being modified to reflect
any such realignment or relocation; PROVIDED, that State is fully compensated for any
additional right of way required for such realignment or relocation in the manner prescribed
by RCW 79.36.530, as presently codified or hereafter amended. Upon failure, neglect or
refusal by Grantee to do and perform any realignment or relocation as hereby required, State
may undertake and perform such realignment or relocation, the cost to be repaid by Grantee,
together with attorney's fees, costs and interest should it be necessary to bring an action to
recover such realignment or relocation costs.
Advance by State. If State advances or pays any cost or expense for or on behalf of Grantee,
Grantee shall reimburse State the amount paid and shall pay interest on such amount at the
rate of one percent (1%) per month until paid.
Construction. The terms of this Easement shall be given their ordinary meaning unless
Page 9 of 17 Easement No. 50-098101
defined herein and shall not be presumptively construed against the drafter.
Effective Date. The Effective Date of this Easement shall be the date on which the last party
executes this Easement. The Effective Date will be inserted on the first page of the Easement
when such date is determined.
Exhibits. All exhibits referenced in this Easement are incorporated as part of the Easement.
Headings. The headings in this Easement are for convenience only and are not intended to,
and shall not be construed to, limit, enlarge, or affect the scope or intent of this Easement nor
the meaning of any of its provisions.
Modification. Any modification of the Easement must be in writing and signed by the
parties. State shall not be bound by any oral representations or statements.
Non -waiver. The waiver by State of any breach or the failure of State to require strict
compliance with any term herein shall not be deemed a waiver of any subsequent breach.
Severability. If any provision of this Easement shall be held invalid, it shall not affect the
validity of any other provision herein.
Page 10 of 17 Easement No. 50-098101
IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, as
of the day and year first above written.
CITY OF PASCO
Dated: , 20
DAVE ZABELL
City Manager
525 N 3rd Ave.
Pasco, WA 99301
Phone: 509-545-3404
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: , 20
ANGUS W. BRODIE
Deputy Supervisor for Uplands
�gIONE� o� P.O. Box 47000
1111 Washington Street SE
Olympia WA 98504-7000
!'
Phone: 360-902-1000
Approved as to form
January 21, 2003
By Mike Rollinger
Assistant Attorney General
for the State of Washington
Approved as to form
By
City Attorney
for the City of Pasco, WA
Page 11 of 17 Easement No. 50-098101
REPRESENTATIVE ACKNOWLEDGEMENT
State of Washington
County of Franklin
I certify that I know or have satisfactory evidence that Dave Zabell is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the City
Manager of City of Pasco to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
(Seal or stamp)
(Signature)
(Print Name)
Notary Public in and for the State of
Washington, residing at
My appointment expires
Page 12 of 17 Easement No. 50-098101
STATE ACKNOWLEDGEMENT
State of Washington
County of Thurston
I certify that I know or have satisfactory evidence that Angus W. Brodie is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the Deputy
Supervisor for State Uplands of the Department of Natural Resources of the State of
Washington to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
(Seal or stamp)
(Signature)
(Print Name)
Notary Public in and for the State of
Washington, residing at
My appointment expires
Page 13 of 17 Easement No. 50-098101
EXHIBIT A
EASEMENT AREA
9 ! 10
8 1 9
17 16 — 16 15
0
T09N R30E
1 16 16 1
20 21
T Easement Area Dimensions
Section Comers Proposed Utility Easement Temporary Construction Easement
Length (feet)_ 5,648.3 Length (feet): 5,706.4
Q Owdened Parcel (State) Width (feet): 30 Width (feet): 30
Other Roads Area (acres): 3.9 Area (acres): 3.9
ti Easement Area N
Includes Proposed Utility Easement
and 30' Temporary Construction Easement
1,600 800 0 1,600 Feet
Prepared by: Cassie Davis
Date Prepared: 11/04/2020
Page 14 of 17 Easement No. 50-098101
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Page 15 of 17 Easement No. 50-098101
EXHIBIT B
OPERATIONAL REQUIREMENTS
The "Line" shall be buried at a minimum depth of 48 inches below the surface of said
Easement Area. For installation within roadway, the "Line" shall be buried at a minimum
depth of 48 inches below the road surface or 48 inches below bottom of ditch, whichever
applies.
State reserves the right to inspect the "open trench" during construction to ensure compliance
with the installation specifications.
Grantee shall mark the location of the buried "Line" with painted metal or composite posts
placed approximately 500 to 1,000 feet apart so they are clearly visible. The Grantee shall
also install signs at approximate 1,000 -foot intervals; said signs shall identify the installation
as a buried wastewater pipeline and shall designate ownership of the installation.
Grantee shall so place, protect, and/or bury the "Line" as to allow the unobstructed movement
of any equipment or materials across the surface of the Easement Area and shall install the
"Line" at such depth as to not interfere with the normal and usual use of the land.
Should Grantee not place, or bury the "Line" according to the specifications designated by
State and the approved Record of Survey, Grantee shall be responsible for and hold State
harmless from any and all damage to the "Line".
Grantee agrees that no construction will commence until all documents have been signed by
all parties and that neither construction nor reconstruction will commence until the written
Plan of Operation has been approved by State.
Grantee shall notify State when construction begins and when construction has been
completed.
Grantee is responsible for obtaining all necessary permits that relate to the Grantee's
activities. Grantee is responsible for all permits, amendments, renewals, and associated
expenses.
During the course of construction or maintenance, Grantee shall minimize soil erosion and
damage to soil. Equipment will not be operated when the ground conditions are such that
excessive soil damage will occur.
All soil surfaces on the Easement Area, which are outside of cultivated areas and devoid of
natural cover as a result of the operations hereunder, shall be re -seeded at a rate of 50 pounds
per acre with a non-invasive, pasture mix (35% Perennial Ryegrass, 52% Tall Fescue, 13%
New Zealand White Clover) and covered with straw.
Page 16 of 17 Easement No. 50-098101
Upon completion of construction of facilities authorized herein, Grantee shall restore all lands
of the State impacted by Grantee's activities thereon to prior or better condition in a
workmanlike manner.
When trimming trees within or adjacent to the Easement Area, the Grantee shall:
a) cut all limbs to within 1 inch of the branch collar when more than 50% of the
live branch is removed; pruning outside the trees branch bark ridge or branch
collar;
b) avoid scaring or damaging the cambium layer of all live trees;
c) remove no more than 33% of the trees live crown;
d) avoid removing the trees terminal leader. Should the Grantee desire to remove
the terminal leader, the tree will be felled and removed according to the terms
of the Danger Tree Removal Clause.
e) remove from the Easement Area all cut and harvested materials including tree
limbs, tree boles, tree tops, and to the extent possible, leaves and needles.
When trimming trees within or adjacent to the Easement Area, the Grantee may:
a) chip all cut and harvested materials with written authorization from the State;
b) spread chipped materials over the Easement Area with the final disbursement
being approved by the State;
c) not leave chipped materials in piles.
Page 17 of 17 Easement No. 50-098101