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HomeMy WebLinkAbout21-06 e RESOLUTION NO. 21-06 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing the City Manager to execute an easement with the United States of America, acting by and through the National Park Service, for the Port Angeles Water Treatment Plant. WHEREAS the City of Port Angeles, Washington, currently owns land at and near the City landfill site; WHEREAS the City of Port Angeles, Washington, entered into a Memorandum of Understanding with the National Park Service and Lower Elwha Klallam Tribe, executed on August 6, 2004, and a Cooperative Agreement (Number H9500050094), executed on September 23,2005, agreeing to provide for the use of said land at no cost for an easement for water treatment and related facilities, including the municipal water treatment plant and transmission facilities; and WHEREAS the City Council, City Manager, and City Staff have reviewed the attached easement and related documents for the Port Angeles Water Treatment Plant (P A WTP) and related facilities, and concur with the terms and conditions therein; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles as follows: Section 1. The City Manager, as representative of the City of Port Angeles, is hereby authorized and directed to execute the P A WTP easement deed to the United States of America and related documents attached to this resolution as and to therefore grant an easement over and across land .at and near the City landfill site. Section 2. The value for the easement to be granted by the City of Port Angeles to the United States of America is the construction of P A WTP and related facilities, and operations and maintenance of the same during the dam removal impact period. PASSED by the City Council of the City of Po . Angeles at a regular meeting of said Council held on the 7" day of November, 2006. Q, e ATTEST: bo~~ J!p^ Becky 1. U n, ity Cle ,~PP iOVED AS TO FORM )""d"V' ..........., /...-1'(L' 1 <.._ ,,,r,/.-J . ~~ L. /' / / -;/:;-;J _'''- /../.. 1/ ,,/' ~ William E. Bloor, City Attorney G:\Legal_Backup\ORDINANCES&RESOLUTIONS\R2006-20 USA NPS PA Water.doc P.O. Box 248 . 204 South Lincoln, Port Angeles, W A 98362 Phone: (360) 457-2000 Fax: (360) 452-8480 April 6, 2007 City Of Port Angeles Becky Upton Please Deliver RE: Escrow No.: Property Address: Dear Becky Upton, -"~'- CLALLAM TITLE COMPANY 96389-28SC Near The City Landfill Site & Transfer Station P A WTP Easement 1D)~@~O\Yl~~ lJl1 APR - 6 2001 ~ CITY OF PORT ANGELES CITY CLERK We are pleased to inform you that the above referenced escrow was closed on April 6, 2007 and we enclose the following for your records: X Final HUD-II Closing Statement. X Copy of the Recorded Easement X Copy of the Corporate Offer to Donate Easement We hope this transaction has been handled to your satisfaction, and that we may serve you again in the future. Sincerely, Clallam Title Company ~@'- Shellie Baskins Port Angeles Escrow Department '" Page 1 of2 FORM 10-828 ( 10177) UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE NPS Area Tract No. CORPORATE OFFER TO DONATE EASEMENT. ELWHA-PA WTP-CITY Contract No. VENDOR: CITY OF PORT ANGELES THIS OFFER CONSISTS OF THE TERMS AND CONDITIONS INCLUDED ON BOTH PAGES OF THIS FORM AND ANY ATTACHMENTS EXPRESSLY MADE A PART HEREOF. The undersigned, hereinafter called the Vendor, in consideration of construction of Port Angeles Water Treatment Plant (P A WTP) and related facilities, and operation and maintenance of the same during the darn jemoval impact period, offers to grant and convey to the United States of America an easement for the purposes set forth in Exhibit B, in, upon, over and across that certain tract of land described in Exhibits A hereto attached and made a part hereof. The terms and conditions of this offer are as follows: (1) The Vendor agrees that this offer may be accepted by the United States through any duly authorized representative, by delivering, mailing, or telegraphing a notice of acceptance to the Vendor at the address stated below, at any time within one (1) month from the date hereof, whereupon this offer and the acceptance thereof become a binding contract. (2) The United States of America agrees to pay to the Vendor for said easement and rights the sum of ZERO DOLLARS ($0.00) as a donation upon acceptance of this offer and approval of the Vendor's title; provided the Vendor can execute and deliver a good and sufficient deed conveying said easement and rights to the United States of America, free and clear from all liens and encumbrances, said conveyance to be subject only to existing easements for public roads and highways, public utilities, railroads and pipelines and other recorded interests as may be acceptable to the United States Department of Justice. (3) The Vendor agrees to satisfy of record at or before conveying said easement and rights, such taxes, assessments, and encumbrances which are a lien against the land, as the United States may require, and, if the Vendor fails to do so, the United States may pay any taxes, assessments, and encumbrances which are a lien against the land; that the Vendor will, at the request of the United States, execute and deliver the deed to the United States conveying the easement and rights herein described, pay the documentary revenue stamp tax, and obtain and record such other curative evidence of title as may be required by the United States. (4) It is agreed that the United States will defray the expenses incident to the preparation and recordation of the deed to the United States and the procurement of the necessary title evidence. (5) As consideration for the construction of P A WTP and related facilities and operation and maintenance of the same during the dam removal impact period, the Vendor hereby grants to the United States the right of use of the land in which said easement is to be granted for the purpose of exercising any of the rights described in said Exhibit B from and after acceptance by the Unites States of this offer until such time as said easement is conveyed to the United States. (6) The Vendor represents and it is a condition of acceptance of this offer that no member of or delegate to Congress, or resident commissioner, shall be admitted to or share any part of this agreement, or to any benefits that may arise therefrom; but this provision shall not be construed to extend to any contract if made with a corporation for its general benefit. (7) The terms and conditions aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the Vendor. (8) All terms and conditions with respect to this offer are expressly contained herein and the Vendor agrees that no representative or agent of the United States has made any representation or promise with respect to this offer not expressly contained herein. ,; Page 2 of2 (9) As soon as possible, the Government hereby agrees to directly cover the following expenses incurred by the Vendor in completing this transaction: (a) Recording fees, transfer taxes and similar expenses incidental to conveying the easement described herein to the Government; and the same to be duly attested by IN WITNESS WHEREOF, (2..( P,r/+.4 te.les> , the said Vendor, has caused its Corporate Seal to be hereto af xed a d these presents to be signed in its name and behalf by '-yyJ~~, /7l~ , ~ E. MAC>~ , its duly authorized c...'I-\-\.,\ Y\.I\ANA.(-c~r<.. , 1 I)~~. _LJystn^_. , this {'J?iA..: day of ~ O. i?11ftQ~4/ (1,~ (J~~"-1' t da--<4 (lQD~ as authorized by ~ --P~ its 20 -'LI-, N' f f h' ffl' b otIce 0 acceptance 0 t IS 0 er IS to e sent to: Name: Glenn Cutler Address: P.O. Box 1150 City: Port Angeles State: W A I Zip Code: 98362-0217 The foregoing offer of the Vendor is hereby accepted for THE UNITED STATES OF AMERICA and on behalf of the United States of America this By /' fA day of 1//''-// ,2007 /). ,jcif W 'P /0< (!, ~" ~L (Name) g kk. 1- '.~1"" oa-".. C~?/'e/,' to/~fl7tf,'<t - Cd5c.J~/:.JL..?~ deJ(pun:~ J" (Title) /?,..."c.r<2..--n ('err.re,v , Page 2 ~,~~ I CLALLAM TITLE COMPANY I P.o. Box 248, 204 S. Lincoln St, Port Angeles, WA 98362 Phone: (360) 457-2000 Fax (360) 457-9330 1-800-822-5758 ESCROW SETTLEMENT STATEMENT Final Escrow Number: 96389-28SC Escrow Officer: Sara Cole Title Order Number: 96389-28 Date: 04/06/2007 -12:54:26PM Closing Date: 04/06/2007 Buyer/Borrower: National Park Service Seller: Property: City Of Port Angeles Near The City Landfill Site & Transfer Station BUYER/BORROWER SELLER _._~ ~---'--"-"'~"'-"'--~----'--"-"'------......_-._----'-'-'-'-"'-'--'__'___'__"___"'__""_._'__'__'_m_ ... -----.-.-.-.--.-..--.......-...----...- ...._.__.__.A.__ .;C~DITs--;q J)'EBll.FS ... <#REDliIiS < DESCRIPTION . DEBIiIiS TOTAL CONSIDERA nON ESCROW CHARGES TO: Clallam Title Company Escrow Fee pac $ I ,000.00 Title Insurance pac $ I ,320.00 Recording Fee pac $43.00 TOTALS THIS IS A FINAL CLOSING STATEMENT tn,ftJ"OflREeOlip ,q r HE R~Ql'ES J .~ CLALLAM TITLE CO. AFTER RECORDING, MAIL TO: National Park Service, CCLRPC 168 S Jackson St Seattle, W A 98104-2853 ~~C~RDt.D~;~-~ft(jjTb~~ICt i;-Cih; co~;~ 2007 APR:iJH I: 46 (Jt) EXHIBIT B: P A WTP Easement__n Grantor: Grantee: Tax Nos.: CITY OF PORT ANGELES UNITED STATES OF AMERICA 0730012200000000 and 0630001173000000 2007 1199162 Clallam . County 0lo 3e4--A- THIS GRANT OF EASEMENT ("Easement") is made by and between the City of Port Angeles, a municipal corporation ("City"), and the UNITED STATES OF AMERICA, acting by and through the National Park Service ("UNITED STATES OF AMERICA"). GRANT OF EASEMENT DEED RECITALS A. The Elwha River Ecosystem and Fisheries Restoration Act ("EREFRA"), Public Law 102-495, provides authority for this Easement and for construction of facilities as referenced hereafter. B. The UNITED STATES OF AMERICA intends to design, contract and subcontract, construct, operate, maintain, implement, repair, and inspect the Port Angeles Water Treatment Plant ("P A WTP") and related facilities, as agreed to in the Memorandum of Understanding ("MOU"), executed on August 6th, 2004, and under the provisions of Cooperative Agreement Number H9500050094 ("Cooperative Agreement"), executed on September 23rd, 2005. C. The City is the owner in fee simple of that certain real property located generally at the City landfill site and inclusive of the proposed P A WTP project area. D. The City intends to grant an Easement in portions of said real property for the purpose of allowing the UNITED STATES OF AMERICA to construct P A WTP and related facilities, and operate and maintain P A WTP and related facilities during the dam removal impact period. E. The City does not intend to grant an Easement in the Transfer Station or Moderate Risk Waste Facility, which are in close physical proximity to the anticipated footprint of the proposed P A WTP and related facilities. NOW, THEREFORE, in consideration of construction of P A WTP and related facilities, and operations and maintenance of the same during the dam removal impact period, the City voluntarily GRANTS and CONVEYS to the UNITED STATES OF AMERICA, its agents, contractors, subcontractors, and employees a non-assignable, non-exclusive Easement in, on, over, and across the Easement Property, which is described and shoWn on attached Exhibit A, to design, contract and subcontract, construct, operate, maintain, repair, implement, and inspect the P A WTP and related facilities, which are generally listed on attached Exhibit C (list subject to change consistent with the intent and provisions of the Cooperative Agreement and MOU), except that no Easement is granted or taken in the existing Transfer Station or Moderate Risk Waste Facility; the above estate is taken subject to existing easements of record for public roads and highways, public utilities, railroads, and pipelines and other recorded interests as may be acceptable to the United States Department of Justice. The City and the UNITED STATES OF AMERICA further agree as follows: 1. Documents Incorporated By Reference. The MOU, executed by the National Park Service, the City, and the Lower Elwha Klallam Tribe on August 6th, 2004, and the Cooperative Agreement, executed by the National Park Service and the City on September 23rd, 2005, are hereby incorporated by reference to this Easement. 2. Cost Reimbursements. The UNITED STATES OF AMERICA will provide reimbursement for an amount deemed fair and reasonable by the UNITED STATES OF AMERICA, and consistent with the MOU and the Cooperative Agreement, for the following expenses associated with completing this grant of Easement: a. Compensation of employees for the time devoted and identified specifically to reviewing and working on this Easement. This time shall be documented as to employee, number of hours, and hourly rate. The total reimbursement for this review time shall not exceed $5,000. The following certification or comparable language shall be provided and submitted with all invoices: "I, , hereby certify that the invoice attached includes only costs reasonably incurred in studying, preparing, or reviewing water supply mitigation measures associated with removing the Elwha River dams, and not for other purposes." (Include signature line, line for typed name of signing official, and line for the date of certification.) 3. State of Title and Authority to Grant Easement. The City covenants and warrants as to being lawfully seized and possessed of sufficient interest in the Easement Property, and therefore of having the full right, power, and authority to execute this conveyance without limitation or other precedent conditions not explicitly described herein. 4. Easement is Non-Exclusive. The UNITED STATES OF AMERICA and City expressly agree that this Easement is non-exclusive. Notwithstanding the non- exclusivity of this Easement, the City agrees the UNITED STATES will be free of interference. a. . Interference is 1. Physically placing or allowing physical placement of an object' or objects on or near the Easement Property so that the UNITED STATES OF AMERICA, its contractors, subcontractors, agents, and employees cannot conveniently access, construct, operate, maintain, repair, implement, and inspect P A WTP and related facilities; 11. Not taking reasonably practicable actions to remove obstructions not placed or authorized by the City. b. The City will not assign, grant, or license rights in the Easement Property that has the potential to prevent or will prevent the UNITED STATES OF AMERICA from conveniently accessing, contracting, subcontracting, constructing, operating, maintaining, repairing, implementing, and inspecting P A WTP and related facilities. 5. Facilities to Be Constructed. The P A WTP and related facilities to be constructed are listed on attached Exhibit C. This list is not exhaustive, and the UNITED STATES OF AMERICA, consistent with the MOD, which requires consultation with the City on key construction management and modification decisions, may decide to exercise one or both actions: (i) not construct one or more facilities on the attached Exhibit C; (ii) construct one or more facilities not currently on attached Exhibit C. The completed P A WTP and related facilities will be subject to change consistent with the intent and provisions of the MOD, and without additional modifications or amendment to this Easement or Exhibit C. Any new facilities are automatically incorporated into and protected by this Easement. 6. Easement Shall Run with the Land. The City expressly intends that this Easement will run with the land, and that the covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties to this Easement and to the City's successors and assigns, and shall continue as a servitude running with the Easement Property. 7. Rights and Permissions Given to Contractors. Notwithstanding the prohibition against an assignment of interests, the City acknowledges and agrees that the rights and permissions contained herein are expressly applicable and given to contractors, subcontractors, agents, and employees of the UNITED STATES OF AMERICA. 8. Notice of Divestiture. The City agrees to: a. Incorporate the terms of this Easement in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Easement Property, induding, but not limited to, a leasehold or easement interest; b. Describe this Easement in and append it to, any executory contract for the transfer of any interest in the Easement Property; and . c. Give written notice to the UNITED STATES OF AMERICA of the transfer of any interest in all or a portion of the Easement Property no later than forty-five (45) days prior to the date of such transfer. Such notice to the UNITED STATES OF AMERICA shall include the name, address, and telephone number of the prospective transferee or the prospective transferee's representative. d. Consistent with the Cooperative Agreement, notice shall be. deemed given by notifying the Project Manager (Key Official) of the Elwha Restoration Project Office and the Superintendent of Olympic National Park. For all specific requirements regarding proper notification, the Cooperative Agreement shall control. e. The failure of the City to perform paragraphs a-d above will not impair the validity of this Easement or limit its enforceability in any way. 9. Subsequent Liens. The City will not use the Easement Property as collateral for subsequent borrowings and bonds. 10. PA WTP and Related. Facilities Are Not Fixtures. The PA WTPand related facilities are not fixtures, and will not be leveraged by the City to a third party in any way, including, but not limited to, mortgaging, using as collateral, and obtaining promises or benefits. 11. Insurance. The City will maintain comprehensive general liability coverag~. 12. Warranty as to Current State of Easement Property. The City represents, covenants, and warrants the following: a. The Easement Property is free and clear of liens, claims, and encumbrances, except for those liens, claims, and encumbrances disclosed in the public records ofClallam County.. b. The City will defend the title to this Easement and for the quiet enjoyment against the lawful claims and demands of all persons. c. There is no pending or threatened litigation affecting the Easement Property or any portion of the Easement Property. d. No civil or criminal proceedings have been instigated or are pending against the City or its predecessors by government agencies or third parties arising out of alleged violations of environmental laws. 13. Unlawful Access and Activities. The City arid the UNITED STATES OF AMERICA will take all economically reasonable actions to prevent trespass, casualty loss, waste, and nuisances upon the Easement Property. 14. Rights Conveyed to the United States of America and Contractors. To accomplish the design, construction, contracting and subcontracting, operation, maintenance, repair, implementation, and inspection of P A WTP and related facilities, the following rights are hereby conveyed and given to the UNITED STATES OF AMERICA, its agents, contractors, subcontractors, and employees: a. Construction, Erection, and Storage of Equipment. The right to erect and store equipment and materials, including, but not limited to, modular structures, trailers, tractors, trucks, cars, and other vehicles, or equipment and materials necessary for and associated with the rights herein conveyed. b. Conduits. The right to handle and relocate conduits and related appurtenances, subject to initial consultation with the City, and any other necessary initial consultation with utility companies or utility entities. c. Alteration of Land. The right to remove or alter vegetation, land, topography, and landscape, including, but not limited to, excavation, fill, or removal of soil, sand, gravel, rock, peat, and removal of sod, bushes, plants, and trees. d. Use and Improvement of the "east haul road." The right to locate, relocate, construct, operate, maintain, repair, and use the existing dirt road lying east of the Westerly Port Angeles Townsite line and City landfill site, and sometimes referred to as the "east haul road." Actions relating to the "east haul road" may include handling and relocating utility lines lying in, upon, over, and across said roadway, and trimming, cutting, and removing trees, underbrush, obstructions, and other vegetation, structures, or obstacles in, .upon, over and across said roadway. The parties acknowledge that the Easement Property,. as legally described on attached Exhibit A, does not include the full length of the "east haul road," since portions of the full length of this road may already be public right-of- way, under private ownership, or both. However, this provision is only operative for those portions of the "east haul road" that have been both vacated as public right-of-way and to the City. 15. Trees. The City is solely responsible for cutting and removing any trees the City considers to be merchantable timber, and will complete the work in a timely fashion that will not cause any delay in any part of the pre-awarding of the contracts or construction process for P A WTP and related facilities. 16. Appropriation of Funds. Nothing in this Easement will be construed as binding the UNITED STATES OF AMERICA to expend in anyone fiscal year any sum in excess of the appropriations made by Congress for purposes of this Easement in that fiscal year. No liability shall accrue to the UNITED STATES OF AMERICA in case such funds are not appropriated. 17. Federal Tort Claims Act. By acceptance of this grant of Easement, the UNITED . . STATES OF AMERICA agrees to cooperate, to the extent allowed by law, in the submission of claims pursuant to the Federal Tort Claims Act against the United States for personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States while acting within the scope of his or her.employment, arising out of this Easement. 18. Liability of City. The City shall be liable, to the extent allowed by law and subject to RCW 4.96.020 providing for the filing of tort claims against the City, for personal injuries or property damage resulting from the negligent or wrongful act or omission of any City employee while acting within the scope of his or her employment, arising out of this Easement. 19. Third Parties. The City and UNITED STATES OF AMERICA shall cooperate, to the extent allowed by law, in the submission of claims against the City by. third parties for personal injuries or property damage resulting from the negligent act or omission of any City employee in the course of a project undertaken pursuant to this Easement; and in the submission against the United States of claims pursuant to the Federal Tort Claims Act by third parties for personal injuries or property damage resulting from the negligent act or omission of any employee of the United States in the course of a project undertaken pursuant to this Easement. 20. Cooperation. To cooperate with the UNITED STATES OF AMERICA in the investigation and defense of any claims that may be filed with the UNITED STATES OF AMERICA arising out of the activities of the cooperator, its agents, and employees. 21. Alternative Dispute Resolution. Each party to this Easement is committed to cooperate with the other in accomplishing the goals of the P A WTP project, including allocation of adequate staff and budget to meet responsibilities identified by the MOU, the Cooperative Agreement, and this Easement. In the event either party to this Easement believes there is an issue regarding interpretation of, or compliance with, any provision of the MOU, the Cooperative Agreement, or this Easement, that party shall provide written notice of that issue to the other party; The parties will then meet within ten (10) days ofthe written notice in an effort to resolve the issue. If resolution is not achieved within thirty (30) days of the written notice, the parties will each choose a person who is not an employee, . appointed official, or elected official ofthat party, and together those persons will choose a single third party who will act as mediator. Each party shall make its choice within five (5) days from the date of any determination that resolution has not been achieved, and the third party mediator shall be chosen by those parties no later than ten (10) days from such date of determination that resolution has not been achieved. These times may be extended either by mutual agreement of the parties or by one party documenting that it needs additional time. The parties will each designate an official with delegated authority to approve a resolution of the issue, and that official will be present at, and participate in, the mediation. Mediated settlements will be reduced to writing, and each party to the dispute will hare equally in the cost of the third party mediator. If resolution through non-binding mediation is still not achieved, then the parties may use other legal remedies available to resolve the dispute. No notification of commencement of the ADR process shall shut down or suspend any project construction or maintenance activity. 22. Severability. If any provision of this Easement, or its application to any person, entity, or circumstances, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected. 23. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement Property and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement Property, all of which are merged into this Easemerit. No alteration or variation of this instrument shall be valid or binding unless contained in a fully executed amendment. 24. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 25. Notice. Unless otherwise notified in writing by the other party, any notification, demand, request, consent, approval, or communication that a party is required or desires to give to the other under the provisions of this Easement shall be in writing and either served personally or delivered by first class mail service, postage prepaid or reputable overnight carrier, to the following respective addresses: If to the City: City Manager City of Port Angeles 321 East 5th Street P,O. Box 1150 Port Angeles, W A 98362-0217 If to the United States of America: Superintendent Olympic National Park 600.East Park Avenue Port Angeles, W A 98362 Elwha Project Manager Olympic National Park 600 East Park Avenue Port Angeles, W A 98362 By a written notice to the other party which is given in the aforesaid manner, any party may from time to time designate a replacement for any address which is specified above for the party giving the notice, and the replacement address will then be substituted for the one previously in effect, provided that in no case will any such replacement increase the total number of addresses for notices to such party. 26. Term of Easement. This Easement will become effective immediately upon signature and legal delivery by the Grantor and extend until September 30, 2046, or upon full execution of a separate Transfer Agreement, providing for the transfer of sole ownership and control of the P A WTP and related facilities to the City, whichever .. comes first. At the end of the term of the Easement, the UNITED STATES OF AMERICA will no longer have an easement right. 27. Recordation. This Easement shall be filed with andrecorded at the Clallam County Auditor's Office. TO HAVE AND TO HOLD said Easement unto the UNITED STATES OF AMERICA and its assigns. The City covenants for itself and its assigns that the provisions of this easement grant shall be included, and will specifically inform any subsequent. owner of said conveyed rights, in subsequent conveyance of any interest in the lands herein described. The Easement is being acquired by the Department of the Interior, National Park Service. IN WITNESS WHEREOF, the said Grantor (City) has hereunto set its ~day of 4,(1!- ,2007. ~~{.~ 6 7 /tfA-IVA~~ hand this . r . STATEOF ~~tDVl COUNTY OF .' (YJ } SS: I certify that I know or have satisfactory evidence W'I/'; J/ Jh that I' uV ~ e- - fl lrndren signed this instrument, on oath stated authorized to execute the instrument and acknowledged it as thatl ~.L the /il! ([j{lj1a {U>y" of City Of Port Angeles to be the fre d voluntary-at ~f such party for the uses and purposes mentioned in this instrument. Dated: ~J 0,ltDl- \\\\11111111/ ,,\\\~ L. 8"1;11// ~~'~\;..""""~/~ '~'<./ . . 'v, / 2r^ :'~\.OTAR,_...tfl'S - """;. \.-- r._ ~ . 08-09-07 : = :2::: ~~". ,.<)UB\..\v :f?~ ~ -y~... .--0 ~ ~/ (:' O.......0~ ", //111 F WAS \\\\.' l/lil/lIl1\\\\ \ Olympic National Park ' '.~;7. .' .............. Elwha River Restoration Project .. - - I ~Ij Government Lot f 8 J~ if ~ il I !Ii i! ..l \ !Iii 1ct f~ r " I I I Ii !!i . it 6W._ -./ - 1110 :so 0 I U U 1110 . 1 N I - -. ..,.,.... -. -. =-... H'1lI - - -- zoo . RiEl' 1--....>.:1 Easement Area Cad/Kelly/flwhajSurvey.dwg Exhibit A: P A WTP Legal Description 1. All that certain parcel ofland, being 300 feet in width, lying within Government Lots 1 and 3, Section 1, Township 30 North, Range 7 West, W.M., Clallam County, Washington, described as follows: The east 300 feet of the south 500 feet of Government Lot I, and the east 300 feet of Government Lot 3 lying north of the south margin of the abandoned 100 foot wide Seattle, Port Angeles and Lake Crescent Railroad right of way. 2. That portion of the unnamed 100 foot wide right of way adjacent to the westerly line of the Port Angeles Townsite, Clallam County, Washington, vacated per Ordinance 3156 and described in deed recorded July 15,2005, under Auditor's File No. 2005 1160653, described as follows: Beginning at the intersection of the west line of the Port Angeles Townsite and the north margin of the former Chicago, Milwaukee, S1. Paul and Pacific Railroad Right of Way; thence North 14017'42" East 1100.00 feet along said west line; thence South 75042'18" East 50.00 feet; thence South 14017'42" West 691.83 feet; thence South 75042' 18" East 50.00 feet; thence South 14017'42" West 41.82 feet to the west line of Suburban Lot 173; thence South 14017'42" West 309.38 feet along said west line to the north margin of the former Chicago, Milwaukee, S1. Paul and Pacific Railroad Right of Way; thence South 74037'29" West 115.09 feet along said north margin to the west line of the Port Angeles Townsite and the point of beginning. Bearings and Distances per Survey recorded in Volume 56 at Page 94, Clallam County, Washington. 3. That portion of Suburban Lot 173 of the Townsite of Port Angeles, Clallam County, Washington, lying north of the north margin of the former Chicago, Milwaukee, S1. Paul and Pacific Railroad right of way. 4. A portion of the former Chicago, Milwaukee, S1. Paul and Pacific Railroad right of way, conveyed to the City of Port Angeles by deed recorded December 23, 1970, under Auditor's File No. 400498, lying within Suburban Lot 173 of the Townsite of Port Angeles, Clallam County, Washington, described as follows: Beginning at the intersection of the north margin of said former Railroad right of way and the west line of said Suburban Lot 173,; thence North 74037'29" East 150.00 feet along said north margin; thence South 14017'42" West 115.09 feet to the south margin of said former Railroad right of way; thence South 74037'29" West 150.00 feet along said south margin to the west line of said Suburban Lot I 73,thence North 14017'42" East 115.09 feet along said west line to the north margin of said former Railroad right of way and the Point of Beginning. Bearings and Distances per Survey recorded in Volume 56 at Page 94, Clallam County, Washington. AFTER RECORDING, MAIL TO: National Park Service, CCLRPC 168 S Jackson St Seattle, W A 98104-2853 Exhibit C: PA WTP and Related Facilities To Be Constructed 1] Treatment and administration building including a] Actiflo process/basin b ] Filter process/basin c] Backwash supply reservoir d] Clearwell e] ProcessinglcontroVinstrumentation equipment 2] Emergency generator 3] Sludge drying basin 4] Recycle basin 5] Security fencing 6] Access control equipment 7] Onsite utilities installed to serve P A WTP and related facilities * The above facilities are subject to change consistent with the intent and provisions of the MOD and Cooperative Agreement, but without modifications or amendment to this Easement or Exhibit C. Any new facilities are automatically incorporated into and protected by this Easement.