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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 NING)0� O A � o yr°R NAruaP�a� 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 C+ � U LU U) U- 0 O w w z w U EXHIBIT A-1 EASEMENT AREA 0 ao rn 4 w o o=�z z wa W(nW¢ I-- z w �0w0 to ------------ Iw / N 3nN3Ab 9NDI I cc '.&I /R O I R cn / P 0 Ln Ln r U, 1�Q 0 0 N �- 0 w 0 w 0 0 0 r� co w 0 U U) 0 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