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HomeMy WebLinkAboutRequest to Purchase - Public WorksGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: PUBLIC WORKS SATE: 04/24/25 REQUEST SUBMITTED BY: SHILO NELLIS PHONE: 509-754-6082 CONTACT PERSON ATTENDING ROUNDTABLE: JOHN BRISSEY CONFIDENTIAL INFORMATION: ❑YES ENO ❑Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code El Emergency Purchase ❑Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations *Request for Purchase ❑ Resolution © Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB EASEMENT FROM DEPARTMENT OF NATURAL RESOURCES NO. 50-107234 BOUNTY ROAD A NW ACROSS S36, T21 N, R26E W.M FOR $407000.00 If necessary, was this document reviewed by legal? W YEV ❑ NO ❑ N/A DATE OF ACTION:..�i'' (G� •�� M D2: D3: 4/23/24 DEFERRED OR CONTINUED TO: RECENED MAY - l 2025 GRANT COUNTY COMMISSIONERS April 15, 2025 Barbara O'Neill Grant County Public Works 124 Enterprise Street SE Ephrata, WA 98823 APR 1,9 2025 DEPARTMENT OF NATURAL RESOURCES SOUTHEAST REGION 713 BOWERS ROAD ELLENSBURG, WA 98926 509-925-8510 TRS 711 SOUTHEAST. REGION @ D N R. W A. G OV WWW.DNR.WA.GOV Subject: DNR Easement No. 50-107234 for County Road A NW across S36, T21N, R26E, W.M. Dear Ms. O'Neill: Enclosed are two copies of an easement for county road for signature and notary. Please return both signed documents, documentation of compliance with the insurance requirements and your payment in the amount of $40,000.00 to my attention at the Southeast Region Office, 713 Bowers Road, Ellensburg, WA 98926. Do not fill in the effective date on Page 1; this will be done when the document is signed by the state. Upon receipt of the documents, insurance documentation and payment, I will have the documents signed on behalf of the state and return your copy for you to have recorded with the Grant County Auditor. This offer is subject to final approval by the Commissioner of Public Lands. Please contact me with any questions at (509) 899-7965 or matt.fromherz@dnr.wa.gov. Sincerely, Matthew Fromherz Right of Way Specialist Enclosures ( ) c: File 50-107234 When recorded return to: Department of Natural Resources Southeast Region Attn: Matt Fromherz 713 Bowers Rd Ellensburg, WA 98926 WASMINGTON STATE DEPARTMENT OF nATURAL RESOURCES DAVE UPTHEGRDVE I COMMISSIONER OF PUBLIC LANDS COUNTY ROAD EASEMENT Grantor(s): STATE OF WASHINGTON, DEPARTMENT OF NATURAL RESOURCES Grantee(s): GRANT COUNTY Legal Description: W1/2 NW1/4, W1/2 SW1/4 Section 36, Township 21 North, Range 26 East, W.M., Grant County, WA Assessor's Property Tax Parcel or Account Number: 160915000 Cross Reference: Survey AFN 1501152 DNR Easement No. 50-107234 This Easement is between GRANT COUNTY, a political subdivision of the State of Washington, acting by and through the Board of Grant County Commissioners 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". This agreement will take effect when both parties have signed the original agreement, and all required documents, including payment for the conveyance are returned to State, and Grantee has completed all actions that must be completed prior to the Effective Date as specified below. Conveyance. State for and in consideration of the terms and conditions specified herein, hereby grants and conveys to the Grantee: A non-exclusive easement in gross for the sole purpose of construction, operation, use, and maintenance of a public road over and across portions of W 1/2 NW 1/4 and W 1/2 SW 1/4 of 1 of 14 Agreement 50-107234 Section 36, Township 21 North, Range 26 East, W.M., Grant County, Washington more specifically described on that Record of Survey (hereinafter Easement Area), recorded in Grant County, Washington on July 9, 2024 under Auditor File Number 1501152 and by this reference made a part hereof. Consideration. The consideration paid by the Grantee to State is as follows: FORTY THOUSAND and NO/100 DOLLARS ($40,000.00). This Easement shall not be effective until the State receives the payment required under this provision. Term. The term of this Easement shall be perpetual unless vacated as provided by law. Assignment. Neither this Easement, nor any of the rights granted herein, shall be assigned without prior written consent of State. 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 and under RCW 36.75.300 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 2 of 14 Agreement 50-107234 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 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 other 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 Chapter 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 3 of 14 Agreement 50-107234 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. 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 other permittees as insureds under all required insurance policies, or shall furnish separate certificates of insurance and endorsements for each. Contractors, sub -contractors and other permittees must comply with all insurance requirements stated herein. Failure of contractors, sub -contractors and other permittees to comply with insurance requirements does not limit Grantee's liability or responsibility. I 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. This Easement shall not be effective until the State receives a Certificate of Insurance that complies with the requirements of this provision. Waste. Grantee shall not cause or permit any filling activity to occur in or on the Easement Area, except as approved by State. Grantee shalt, 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 70A.305) as administered by the State Dept. of Ecology. 4 of 14 Agreement 50-107234 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 "same business day" notification for normal state work days 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. Cultural Resources and Inadvertent Discovery Inadvertent Discovery of Human Skeletal Remains (RCW 68.50.645, RCW 27,44.055, and RCW 68.60.055). Disturbance of human skeletal remains is subject to felony criminal prosecution and fines under state law. If Grantee's ground disturbing activities encounter human skeletal remains, then Grantee shall cease all activity that may cause further disturbance to those remains. Grantee shall secure and protect the area of the find from further disturbance and report the presence and location of the 5 of 14 Agreement 50-107234 remains to the medical examiner/coroner and local law enforcement in the most expeditious manner possible as required by law. Grantee shall further notify the State of the presence and location of such remains and confirm notification to the coroner/medical examiner and local law enforcement. Grantee shall not touch, move or further disturb the remains and shall cooperate with state and local authorities. The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non - forensic. If the county medical examiner/coroner determines the remains are non - forensic, then they will report that finding to the State and the Department of Archaeology and Historic Preservation (DAHP), which will then take jurisdiction over the remains. DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non -Indian and report that finding to any appropriate cemeteries and the affected tribes. DAHP and the State will consult with the affected parties as to the future preservation, excavation, and disposition of the remains. Ground Disturbing Activities. Ground Disturbing Activities occur when the ground is compacted, traversed, or cut and may include such activities as blading, excavation, grading, grubbing, leveling, potholing, and trenching. Ground disturbances can also occur from vehicular traffic including heavy equipment (excavators, backhoes, bulldozers, boring, trenching and earthmoving equipment, etc.), heavy trucks (large four wheel drive trucks, dump trucks and tractor trailers, etc.), and from the use of hand tools (shovels, pick axe, posthole digger, etc.). Cultural Resources Survey. State may require that the Grantee retain a qualified professional to perform cultural resources surveys for the Easement Area (Survey) prior to construction activities. State may require the Survey to address archaeological, built environment, and traditional cultural places. The qualified professional shall meet the United States Secretary of the Interior's Professional Qualification Standards (36 CFR Part 61) for Archeology and Historic Preservation, found at https://www.nps.gov/history/local-law/arch_stnds_9.htm, or as otherwise required by DAHP. All cultural resource work must comply with RCW 27.53 and RCW 27.44. State's approval is required before Grantee. finalizes or submits the professional reports, archaeological site forms, and other cultural resource documents to regulatory agencies. Cultural Resources Monitoring. When cultural resources monitoring is required by State or regulatory agencies, the Grantee shall submit for State's approval a Cultural Resources Monitoring Plan (Monitoring Plan). If Grantee encounters cultural features, artifact concentrations, bone, or intact archaeological during monitoring, Grantee shall halt work in the immediate vicinity and take the appropriate steps as outlined in the Monitoring Plan. 6 of 14 Agreement 50-107234 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. All construction or reconstruction shall comply with applicable state or local laws. Maintenance, Repair, and Improvements: Grantee shall have sole responsibility for the maintenance, repair and improvement of the road to county road standards. Weed Control/Pesticides. The 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). The Grantee shall be responsible for, or shall immediately reimburse State any weed control cost incurred as a result of the 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 30 days after the weed control activities. 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, 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 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: GRANT COUNTY Public Works Department 124 Enterprise Street SE Ephrata, WA 98823 Phone: 509-754-6082 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 7 of 14 Agreement 50-107234 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. 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 public road 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 DNR 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 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 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. DNR 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. Abandonment. In the event any portion of the road is abandoned, the Grantee shall take the necessary legal action to vacate such portions and shall immediately restore the land within all vacated portions to natural conditions as may be directed by State. In restoring the land, all asphalt shall be removed from the vacated portion; the asphalt shall not be deposited on the adjacent State land. In addition, the land surface shall be scarified to blend with the adjoining landscape.. Noncompliance. State shall notify the Grantee of any instance of noncompliance by the Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees with any of the terms and conditions hereof. Such notice will specifically identify the manner of noncompliance herewith. 8 of 14 Agreement 50-107234 In the event the Grantee does not undertake, or cause to be undertaken, remedial action within fifteen (15) days following receipt of said notice, State, acting by and through its Region Manager at Ellensburg, Washington, may suspend the Grantee's operations until, such time as effective remedial action is taken. Construction. The terms of this Easement shall be given their ordinary meaning unless defined herein and shall not be presumed 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. 9 of 14 Agreement 50-107234 DETAIL A (NORTH PORTION SCALE: 1" = 200' 1 /2" REBAR NO CAP DOWN 0.4' 26 IN CASE ow 15.00'3y TO ROAD CENTERLINE 7 2682.35' (R1) S 88'18'24" W 2682.36' FOUND A 5/8" REBAR/CAP STAMPED "JJV 9636" IN CASE FOR THE CENTERLINE OF THE ROAD TO THE NORTH. MONUMENT IS 15.06' EAST OF THE SECTION CORNER 45' V) Z N 0 0) 0 c,4 0,C4 N N � 0)0) zo J J C V 1 Al 1 t l� 1 DETAIL B (SOUTH PORTION) SCALE: 1 " = 200' '3 P N '�, USBR '�, `` 00= MONUMENT PIPE BENT , ��, P 50,A�MfNT 90' TIED AT ``Q_9365 _ �' BASE Z GRANT COUNTY J PUD OVERHEAD �0 POWER EASEMENT 1 � ` ov 100 0 i Lon zOD lj�o 0- °z W V �Z:E t o I 0 o 00 ' 6=11'36'O1 c" R=1647.00' m I �l J L=333.45' 6 4-1-0)' ( Q1 N ( 1 POINT "A" ( I I Z ROAD 12.3 NW 1 _ (DNR APP. NO. L 50-107234) -� I �z � SEE D ETA I L "C" ' G=13'17' S5" R=1742.50' I 1 L= 404.44 6 0' 30, ROAD A NW RECORD OF SURVEY A PORTION OF THE WEST HALF OF THE WEST HALF OF SECTION 36, TOWNSHIP 21 NORTH, RANGE 26 EAST, W.M., GRANT COUNTY, WASHINGTON DNR APPLICATION NO. 50-107234 N LEGEND ® FOUND MONUMENT AS NOTED ON MARCH 14, 2023 S USER UNITED STATES BUREAU OF RECLAMATION (R#) DIMENSION/BEARING PER REFERENCE DOCUMENT T T V0 15 I � 30' I F ao 0 45' � I I � Z GRANT COUNTY PUD OVERHEAD POWER EASEMENTS USBR MONUMENT ' '� UP 0.1' DATED I 1936" I D gP���fgS -,__ ° s0, �fMfN N 706825.352 E 1885641.580 35 36 : 35 �` �� 08�4 4 '� I I 8 T 36'53" W 2463.78, USBR MONUMENT _100. �,_ �`-�NR �'- qPp' ~`��' I R1 2463.4 (R1) 2FjS "X" PIPE BENT �E.4 '-, Sp, �MENT ,'�\``Q1936,5 I N 88'26'S7" E BRASS DISK WITH AND SECTION CORNER 90' TIED AT ' BASE -� '`�'`4� I 191.82� I 191.81 (R1) MARKINGS STAMPED LS 12491 L_ N 706830.543 E 1885833.326 -IFFY 2 OF 2 �J VI�LL• I I V I 9 *46 19„ 46 6R NO _ , ,15 P -90'00 00 I R=30.00' L=47.12 0�''- POINT "A" I S 87.49'40" W I 18.54' 45 06' S 16s461 cn 0 O P o R 71�6 \N 0 o o S �6. 46'19 Z 4 I 03 0 cA N 22.24 �W o Z c''- S 87 49 40 W o - m 50 B6 25.95' N 87'49'40" E A-=90'00'00" L 4' -.1 R=30.00' L= 47.12' L� DNR APPLICATION NO. 50-107234 LEGAL DESCRIPTION OF PROPOSED RIGHT OF WAY THAT PORTION OF A STRIP OF LAND, 60.00 FEET IN WIDTH, LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, LYING WITHIN SECTION 36, TOWNSHIP 21 NORTH, RANGE 26 EAST, W.M., GRANT COUNTY, WASHINGTON: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 36; THENCE SOUTH 87'36'53" WEST, ALONG A LINE BETWEEN SAID SOUTH QUARTER CORNER AND THE NORTHWEST CLOSING CORNER OF SECTION 1, TOWNSHIP 20 NORTH, RANGE 26 EAST, W.M, A DISTANCE OF 2463.76 FEET TO SAID CLOSING CORNER, BEING THE POINT OF BEGINNING; THENCE NORTH 00'04'14" EAST 830.96 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1742.50 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13'17'55", A DISTANCE OF 404.44 FEET; THENCE NORTH 13'13'41" WEST 150.57 FEET TO A POINT HEREINAFTER KNOWN AS POINT "A"; THENCE CONTINUING NORTH 13'13'41" WEST 277.99 FEET TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1647.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11'36'01 ", A DISTANCE OF 333.45 FEET; THENCE NORTH 01'37'40" WEST 794.09 FEET, MORE OR LESS, TO POINT ON A LINE LYING PARALLEL WITH AND 15.00 FEET EASTERLY FROM THE WEST LINE OF THE NORTHWEST QUARTER OF THE AFOREMENTIONED SECTION 36; THENCE NORTH 01'31'23" WEST, PARALLEL WITH SAID WEST LINE, A DISTANCE OF 2606.40 FEET, MORE OR LESS, TO THE NORTH LINE OF THE AFOREMENTIONED NORTHWEST QUARTER. TOGETHER WITH THE FOLLOWING DESCRIBED PORTION OF SAID SECTION 36; COMMENCING AT THE AFOREMENTIONED POINT "A"; THENCE SOUTH 76'46'19" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 13'13'41" WEST 60.00 FEET TO A POINT ON A NON -TANGENT CURVE, THE RADIUS POINT OF WHICH LIES SOUTH 76'46'19" WEST 30.00 FEET DISTANT; THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90'00'00", A DISTANCE OF 47.12 FEET; THENCE SOUTH 76'46'19" WEST 45.06 FEET; THENCE SOUTH 87'49'40" WEST 18.54 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 00'38'35" EAST, ALONG SAID WEST LINE, A DISTANCE OF 60.02 FEET; THENCE NORTH 87'49'40" EAST 25.95 FEET; THENCE NORTH 76'46'19" EAST 50.86 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 30.00 FEET; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90'00'00", A DISTANCE OF 47.12 FEET; THENCE NORTH 13'13'41" WEST 60.00 FEET TO THE POINT OF BEGINNING. (CONTAINING 6.517 ACRES) tog PROJECT NO. 23.042 1 /2" REBAR NO CAP DOWN 0.4' 26 IN CASE No 35 36 45' 36 DNR APPLICATION NO. 50-107234 N LEGEND ®Q� ® FOUND MONUMENT AS NOTED IN JUNE, 2023 USBR UNITED STATES BUREAU OF RECLAMATION A ROAD A NW 0 200' 400' (R#) DIMENSION/BEARING PER REFERENCE DOCUMENT (DNR APP. NO. 50-107234) SCALE: 1 " = 400' GRANT COUNTY PUD OVERHEAD POWER EASEMENT T A:° P. ROCEL DNR APP. N0. ';;c": ; „„, T E 50-087424 ,;Y AS111.du T -1 STAIE CE PAFRI.TME NT Gr N,�.TE:MA' RE.S01 1Rr,:Et; \ USBR MONUMENT\ PIPE BENT - 90' TIED AT ` BASE GRANT COUNTY PUD OVERHEAD POWER EASEMENT DNR APP. NO. 50-019365 r) 0 wil I ROAD 12.3 NW 00 (DNR APP. NO. c.n )/y 50-107234) m vNi 60' �j c� N �v ti USBR MONUMENT UP 0.1' DATED 35 36 1936 N 88'26'57" E 2 191.82' 191.81' (R1) ---- 60' ROAD A NW (DNR APP. NO. 50-107234) BRASS DISK WITH "X" AND SECTION CORNER MARKINGS STAMPED " 1 n , A I^ 4" LJ I L't� I S 87'36'53" W 2463.48' (R1) 1 BASIS OF BEARINGS BASIS OF BEARINGS: NAD 83/91 (2012), WSPC SOUTH ZONE, US FEET. COMBINED SCALE FACTOR: 0.99993084 CONVERGENCE: 0' 43' 26.3792" ALL DISTANCES SHOWN ARE AT GROUND. SURVEY NARRATIVE THE PURPOSE OF THIS SURVEY IS TO IDENTIFY AND DESCRIBE THE PROPOSED GRANT COUNTY RIGHT OF WAY BEING REQUESTED FROM THE DEPARTMENT OF NATURAL RESOURCES. A COUNTY MAINTAINED ROAD HAS EXISTED WITHIN THE PROPOSED RIGHT OF WAY FOR MANY YEARS, AND IS CURRENTLY IN USE. THE SECTION CONTROL IS STRAIGHT -FORWARD, AND THE LEGAL DESCRIPTION SHOWN HEREON IS TIED TO THE SECTION CONTROL. METHODS & EQUIPMENT THIS SURVEY WAS PERFORMED BY RTK GPS METHODS USING A CARLSON BRX7 BASE AND ROVER AND/OR CONVENTIONAL TRAVERSE METHODS USING A GEOMAX ZOOM 80 5" TOTAL STATION, AND MEETS OR EXCEEDS THOSE STANDARDS IDENTIFIED BY WAC 332-130-085 AND 332-130-090. FOR PRIMARY CONTROL AND THE STATE PLANE COORDINATE VALUES LISTED FOR THE TWO SECTION MONUMENTS AT THE SOUTHWEST CORNER OF SECTION 36, AS SHOWN ON SHEET 2, STATIC GPS OBSERVATIONS WERE CONDUCTED USING THE ABOVE NOTED GPS UNITS, AND PROCESSED THROUGH NGS OPUS-RS SOLUTIONS FOR STATE PLANE VALUES, CONVERGENCE, AND COMBINED SCALE FACTOR. COORDINATES ARE BASED UPON NAD 83/91, WASHINGTON STATE PLANE, SOUTH ZONE. ®rccr)cnircc THE ROAD ITSELF PARALLELS THE SECTION LINE FOR THE MAJORITY OF THE NORTHWEST QUARTER, BUT THEN AIRPORT RANCHES N0. 1, RECORDED IN BOOK 12 1. DEVIATES FROM IT AS IT PROGRESSES SOUTHERLY. THE OF PLATS, PAGES 42 AND 43, AFN 749113,RECORDS CENTERLINE DESCRIPTION HAS BEEN WRITTEN OF GRANT COUNTY, WASHINGTON. ACCORDINGLY. 2. DEPT. OF THE INTERIOR BUREAU OF RECLAMATION RETRACEMENT MAP OF THE SOUTH HALF OF T21N, PLEASE NOTE THAT THE REFERENCED GABRIEL SHORT R26E, SERIAL NO. A-5035. PLAT AND THE MARIA FLORES SHORT PLAT BOTH 3. SUN BASIN RANCHES -WEST, RECORDED IN BOOK 9, INDICATE THAT THERE IS A PUBLIC RIGHT OF WAY ALONG PAGE 29, RECORDS OF GRANT COUNTY, THE WEST 30 FEET OF THE NORTHWEST QUARTER. WASHINGTON. HOWEVER, THE RECORDS PROVIDED TO US BY GRANT 4. GABRIEL O'NEEL SHORT PLAT, RECORDED IN BOOK COUNTY PUBLIC WORKS DO NOT INDICATE THAT THIS 19, PAGES 45 AND 46, AFN 1209100, RECORDS OF RIGHT OF WAY EXISTS. MOREOVER, EVEN IF IT DID EXIST, GRANT COUNTY, WASHINGTON. A 30' RIGHT OF WAY WOULD NOT SUFFICIENTLY COVER 5. MARIA FLORES SHORT PLAT, RECORDED IN BOOK THE EXISTING EDGE OF THE MAINTAINED COUNTY ROAD 32, PAGE 94 THROUGH 96, AFN 1423813, RECORDS AND ASSOCIATED DITCHES. THE 45' WIDE PROPOSED OF GRANT COUNTY, WASHINGTON. RIGHT OF WAY IN THE NORTHWEST QUARTER AS SHOWN 6. RECORD OF SURVEY'S RECORED IN HEREON WOULD COVER IT. BOOK 62, PAGE 71, AFN 1289010 BOOK 62, PAGE 98, AFN 1290608 BOOK 63, PAGE 78, AFN 1295413 RECORDS OF GRANT COUNTY, WASHINGTON. SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE SURVEY RECORDING ACT AT THE REQUEST OF GRANT COUNTY PUBLIC WORKS IN JUNE, 2023. MATTHEW T. WALTERS P.L.S. 35154 40A�� USBR MON UP 0.2' 36 DATED "1936" tr� AUDITOR'S CERTIFICATE FILED FOR RECORD THIS DAY OF 20 AT IN BOOK _ OF SURVEYS AT PAGE(S) - AT THE REQUEST OF MATT WALTERS. GRANT COUNTY AUDITOR PROJECT NO. 23.042 DEPUTY COUNTY AUDITOR IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, as of the day and year first above written. Dated: ►_.. , 20.. . . Dated: , 20jr Dated: 20 Dated: , 20 Approved as to form October 18, 2002 by Mike Rollinger Assistant Attorney General for the State of Washington BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON By: ROB JO a By: CINDY CARttR, Vice -Chair By: FKC�t,I_ KEVIN BURGESS, Member 35 C Street NW Ephrata, WA 98823 (509) 754-2011 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES By: TODD WELKER Deputy Supervisor for State Uplands P.O. Box 47001 1111 Washington Street SE Olympia WA 98504-7001 Phone: 360-902-1600 10 of 14 Agreement 50-107234 REPRESENTATIVE ACKNOWLEDGMENT State of Washington County of Grant I certify that I know or have satisfactory evidence that ROB JONES is the individual who appeared before me, and said individual acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Chair of the County Commissioners of Grant County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: L2-�.... CP' (Seal or stamp) �``s�ti���1�� .���► E A14! 11i lot AQ ci 0-0 5024022336�' i (P ,V, avg 0"1 0 mow � lok" 464 or W A� ,�,•.. �<gnature)-R' (Print Name) Notary Publ' in and for the State of Washington, residing at%01 /'cutdP4-A'. My appointment expires fnlwls llof14 Agreement 50-107234 REPRESENTATIVE ACKNOWLEDGMENT State of Washington County of Grant I certify that I know or have satisfactory evidence that CINDY CARTER is the individual who appeared before me, and said individual acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Vice Chair of the County Commissioners of Grant County to be the free and voluntary act of such party for the uses and purposes mentioned in the instr ent. Dated: 0&X4 0 (Signature) (Seal or stamp)���a��� %S'� \jAE A#4 fffe� e., )qal�ed 000N'e.�A,��, �/� (Print Name) &OPi %U �� i 100 24022336 ' Notary Public in and for he State of Washington, 004/000- B �\0 = residing at &-4AZ LWd.-a 2(14 j P WASH `" My appointment expires pp p 12 of 14 Agreement 50-107234 REPRESENTATIVE ACKNOWLEDGMENT State of Washington County of Grant I certify that I know or have satisfactory evidence that KEVIN BURGESS is the individual who appeared before me, and said individual acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a Member of the County Commissioners of Grant County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Signature) (Seal or stamp) (Print Name) Notary Public in and for the State of Washington, residing at . My appointment expires 13 of 14 Agreement 50-107234 STATE ACKNOWLEDGMENT State of Washington County of Thurston I certify that I know or have satisfactory evidence that TODD WELKER 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 14 of 14 Agreement 50-107234