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Resolution 13-066-CC BOARD OF COUNTI' COMMISSIOl0iER5 Grant County, Washington IN RE THE YELLOWSTONE PIPE RESOLUTION No. 13- ' -CC LINE COMPANY THE � 1�10NEXCLUSIVE RIGIIT, PRIVILEGE,A�JTHORITY AND . FRANCHISE TO COI�TSTRUCT, ORDER AND IZESOLUTION OPEItATE,MAII0ITAIAI,REMOVE, GRAI�iTING FRANCHI�E REFLACE,AI�I) REPAIR�XISTING PIPELINE FACILITIES U�ED I'OR THE TRANSPORTATI0101 OF P�TROLEUM PROI)UCTS AIVI) BXPROI)UCTS UP01�1 PUBLIC STItEETS,RIGHTS OF WAY,IdOADS, AI�1I)PROP�RTY SITUATED WITHIN GI�ANT COUNTY W�IEREAS, Yellowstone Pipe Line Coinpany ("rRANCHISEE"), a corporation organized tulder ancl by virtue of the laws of the State of Delaware, and authorized to do business in the State of Washington, has previously obtained a franchise to construct, reconstruct, replace, renew, repau, operate and maint�in a six-inch pipeline and appurtenlnces thereof for the transportation of refinecl petroleum products, including without limitation, diesel fuels, stove oils, jet fuel and motor vehicle fuels and other substances and petroleum products, or any thereof, across, on, along, above or tinder the public streets, rights o�way, roads and property of the County of Grant ("COUNTY") as described in the attached Exhibit"A", the same incorporated herein by reference; and W�IEREAS, the Bo�rd of County Cominissioners finds that it is in the public interest to specify the rights and duties of the Yellowstone Pipe Line Company through a frandiise; and WHEREAS, RCW 36.55 et seq., perinits the Board of County Commissioners to grant non-exclusive fr�nchises to persons or priv�te or municipal corporations to use the right-of-way of cotu�ty roads for the construction and in2intenance of waterworks, gas pipes, telephone, telegraph, and electric light lines, sewers 1nd any other such facilities; and W�IEREAS, in granting such a non-exclusive franchise, Grant County specifically reserves all powers and �uthorities granted to counties by general law. NOW, THEREFORE, I3E IT HEIZEBY RESOLVED THAT the Board of Cotuity Coinmissioners does ordain as follows: Order and Resolution Granling Franchise- 1 j Civil 8\BOCC\2013\Conoco-Phillips\Ord and Res 7-17-13 'i 1 I � I Section 1.Definitions. For the purposes of this Franchise and any exhibits attached hereto, the following terms, , pluases, words and their derivations shall have the ineaning given herein. When not inconsistent with the context, words used in the present tense include the fiiture, words in t11e plural include the singular, and woids in the singular include the plural. Words not defined shall be given their coinmon�nd ordinary ineaning. 1.1 Construct or Construction shall ine�n removing, replacing, and repairing existing pipeline(s) and/or Facilities �nd inay include, but is not liinited to, digging and/or excavatiilg for the purposes of reinoving, replacing, and repairing existing pipeline(s) and/or Facilities. 1.2 EfFective Date sha11 inean the date designated herein, after pass�tge �nd approval of tlus Order and Resolution acceptance by FRANCHISEE, upon which the rights, duties and obligations shall coine in effect and the date froin wl�ich the tiine requireinent for any notice, extension and/or renewal will be measured. 1.3 Facilities sha11 inean the FRANCHISEE's pipeline system, lines, valves, mains, and appurtenances used to transport or distribute of FRANCHISEE's petroleum product(s). L4 Fr�nchise shall mean this Franchise and any amendments, exhibits, or appendices to this Fr�nchise. 1.5 Franchise Area means those area specifically described as set forth in Exhibit "A", the s�me incorporated herein by reference. 1.6 Hazasdous Substance sh111 inean any hazardous, toxic, or dangerous substance, material, waste, polhitant, or containinant. The term sh�11 specifically include petroleum and petroleum products and theu by-products, residue, and remnindei in wh�tever form or st�te. The term shall also be interpreted to include any substance which, after rele�se into the environment, will or inly reasonably Ue anticip�ted to cause death, disease, injtuy, illness,beh�vior�bnormalities or, genetic abnorm�lities. 1.7 Maintenance or Maintain shall mean ex�mining, testing, inspecting, repairing, inaintainit�g and replacing the existing pipeline(s) and/or Facilities or any part thereof as requued and necess�ry for safe operation. 1.8 Pipeline Corridor shall inean the pipeline pathwly tl�rougli the Franchise Area in which the pipeline(s) �nd or Facilities of the FRANCHISEE are located, including any Rights-of-W�y,Public Property, and/or e�sement over and tlirough private property. Order�nd Resolutioit Grinling Fr�nchise-2 Civil 8\BOCC\2013\Conoco-Phillips\Ord and Res 7-17-13 1.9 Public Pro�erties shall mean the present and/or future property owned or leased , by the COUNTY within the present and/or future corporate liinits or jurisdiction�l boundaries of the COUNTY. L 10 O�er�te or O�erations shall mean the use of FRANCHISEE's existing pipeline(s) 1nd/or Facilities for the transportation, distribution 1nd handling of petroleum products or byproducts within and through the Franchise Area. 1.11 Rights-of-W�y means the surface and the space lbove and below streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements, rights-of-way and similar puUlic propeity and arels located within the Franchise Area. Section 2. Grant of Authoritv. 2.1 The COUNTY hereby grants to FRANCHISEE, a corporation aLtthorized to transact business within the State of Washiiigton, its successors and assigns (�s provided in Section 4), the right, privilege, �uthority and Franchise to Construct, Operate and Maintain its existing pipeline(s) and/or Facilities necessary for the transportation, distribution and handling of any petroleum product or byproduct thereof, within the existing Pipeline Corridor passing through the Franchise Are�. 2.2 This Franchise is non-exclusive. The COUNTY reserves all rights to its property, including, without limitation, the right to grant �dditional Franchises, easements, licenses and perinits to others, provided that the COUNTY shall not grant any other Franchise, license, e�sement or perinit that would unreasonably interfere with FRANCHISEE's perinitted use tulder this Franchise. This Franchise shall in no manner prohibit the COUNTY or liinit its power to perform work upon its Rights-of-Way, Public Properties or malce all necessary changes, relocations, repairs, maintenance, estlblishment, iinproveinent thereto, or from using any of the Rights-of Way and Public Properties, or any part of thein, as the COUNTY may deem fit from time to time, including the dedication, establishment, maintenance �ild iinprovement of all new Rights-of-Way and other Public Properties of every type and description. 2.3 This Franchise is conditioned upon the terins and conditions contained herein and FRANCHISEE's compliance with all appliclble federal, state or other regulatory programs that currently exist or may here�fter be enacted by any regulatory agencies with jurisdiction over the FRANCHISEE. 2.4 By granting this Franchise, the COTTNTY is not �ssuining any risks or li�bilities, wliich shall be solely and separ�tely borne by FRANCHISEE. The FRANCHISEE agrees and covenants to, at its sole cost �ncl expense, take all necessary and prudent steps to protect, support, �nd lceep safe froin harm its pipeline(s) and/or F�cilities, or any part thereof, when necessary to protect the puUlic health and safety. 2.5 This Franchise is intended to convey only a limited right and interest. It is not a wlrranty of title or interest in the COUNTY's Rights-of Way or other Public Property. Order 1nd Resolulion Gr�nling Franchise-3 Civt18\BOCC\2013\Conoco-Phillips\Ord and Res 7-17-13 None of the rights granted hereizl shlll affect the COUNTY's jurisdiction over its property, streets or Rights-of-Way. 2.6 This francllise does not and shall not convey any right to FRANCHISE�to install its Facilities on, under, over, across, or to otherwise use COUNTY owned or leased properties of any lcind, either within or outside the Pipeline Corridor, other tlian existing public rights of way. 2,7 The liinited rights and privileges granted under this Franchise shall not convey any right to FRANCHISEE to install �ny new pipeline(s) and/ or rlcilities without the express written consent of the COUNTY. Section 3.Term. 3.1 Each of the provisions of this Frinchise shall become effective upon the Effective D1te, subject to FRANCHISEE's acceptlnce of the terms and conditions of this Franchise and shall iein�in in effect for fifteen (15) years there�fter. Subsequently, the COUNTY will consider renewing this Francllise, at the written request of FRANCHISEE, for an �dditional fifteen (15) year renewal period at any time within two (2) years before the end of the Fr�nchise's original fifteen (15) year terin, unless either p�rty expresses its intention in writing to terininate this Franchise at the conclusion of the original fifteen (15) year term. Renewal inust be requested no less than six months before expiration of this Franchise. Section 4.Assigninent and Transfer of Franchise. 4.1 This fr�nchise shall not be leased, assigned or otherwise alienated without the express consent of the COLTNTY by ordinance and/or resolution and/or order, which approval shall not be uiueasonably withheld. 4.2 No transfer sh�ll be approved unless the assignee or transferee has at least the legal, technical, financial, and other requisite qualifications to carry on the activities of the FRANCHISEE. 4.3 Any transfer or lssignment of this Franchise without the prior written consent of the COUNTY shall be void �nd result in revocation of the Franchise, �ection 5. Coin�liance with Laws �nd Standards. 5.1 TRANCHISEE shall, in carrying out�ny authorized activities under the privileges granted herein, coinply with all valid �nd applicable 1oc11, state and federal laws, including, but not limited to, Title 49 Code of recieral Regulations, Part 195 Transportation of Hazardous Liquids, environinental 1aws, and any laws or regulations that may be subsequently enacted by any governmental entity with jurisdiction over Comp�ny and/or the Facilities conceriung rights crelted under this Franchise. Order and Resolution Grinling F���nchise-4 Civil 8\BOCC�2013\Conoco-Phillips\Ord vid Res 7-17-13 Section 6. Construction�nd Maintenance, 6.1 All pipeline Construction, Maintenance or Operation undertllcen by FRANCHISEE, upon FRANCHISEE's direction or on rRANCHISEE's behalf shall be coinpleted in a workmanlike manner. 6.2 Except in the case of an einergency, prior to commencing any Construction and/or Maintenance work in the Franchise Area, the FRANCHISEE shall first file with the COUNTY such detailed plans, specifications and profiles of the intended work as inay be required by the COLTNTY. The COUNTY in�y requiie such additional inforinatioil,pl�ns and/or specific�tions as are in COUNTY's opiiuon necessary to protect the public health and safety during the Construction and/or Maintenance worlc �nd for the remaining term of this Franchise. 6.3 All Construction and/or Maintenance worlc shall be performed in conforinity with the plans, maps ancl specifications filed with the COUNTY, except in instances in which deviation may be allowed thereafter in writing pursuant to an application by tlie FRANCHISEE. 6.4 All pipe and other components of any Facilities used in Construction and/or Maintenance activities within the Franchise Area shall comply with applicable federal regulations, as from time to time amended. 6.5 Except in the event of an emergency, FRANCHISEE shall provide the COUNTY at leasti ten (10) calendar days written notice prior to any Construction and/or Maintenlnce, or other substantial activity, other than routine inspections and in�intenance, by FRANCHISEE, its agents, employees or contr�ctors on FRANCHISEE's pipeline(s) or Facilities within the Franchise Are�. 6.6 Work sh�ll only cominence upon the issuance of applicable perinits by the COUNTY, wllich permits shall not be unreasonably withheld or delayed. However, in the event o� an einergency requiring iinmediate action by FRANCHISEE for the protection of the pipeline(s) or Facilities, the COUNTY's property or other persons or property, FRANCHTSEE may proceed without first obtaining the normally required perinits. In such event FRANCHISEE must (1) take all necessary and prudent steps to protect, support, and keep safe from harin its pipeline(s) and/or F�cilities, or any part tliereof; COUNTY's property; or other persons or property, and to protect the public health and safety; and (?) as soon as possible tllere�fter, inust obtain the required permits and comply with�ny mitigation reqiiirements or other conditions in the after-the-fact permit, 6.7 Unless such condition or regulation is in conflict with a federal requuement, the COUNTY inay condition the granting of any perinit or other approval tliat is requued under this Franchise, in any in�mler reasonaUly necessary for the safe use and inanagement of the public right-of-way or the COUNTY's properry including, by w1y of ex�mple and not limitation, bonding, m�intaiiung proper distance from otller utilities, Order and ResoluCion Granting Franchise-5 Civil 8\BOCC\2013\Conoco-Phillips\Ord mid Res 7-17-13 protecting the continuity of pedestrian and vehicular traffic �nd protecting 1ny Rights-of- Way improvements, private facilities and public safety. 6.8 Whenever necessary, after Constrticting or Maintaining any of FRANCHISEE's pipeline(s) or Facilities within the Franchise Area, the FRANCHISEE sh�ll, without delay, and at FRANCHISEE's sole expense, remove all debris and restore the surface as nelrly as possible to as good or better condition as it was in before the work began. FRANCHISEE sh�ll replace any property corner monuments, stuvey reference or hubs that were disturbed or destroyed during FRANCHISEE's worlc in the 2reas covered by this Franchise. Such restoration shall be done in � inanner consistent with applicable codes and laws, uilder the supervision of tlle COUNTY �nd to the COUNTY's satisf�ction and specifications. The restoration shall be done under a Uond in an amount appropriate to guarantee adequate restoration. 6.9 FRANCHISEE shall continuously be a meinber of the State of Washington one nuinber locator service under RCW 19.122, or �n approved equivalent, and shall comply with all such applicable rules and regulations at set forth in RCW 19.122, et seq. FRANCHISEE shall provide reasonable notice to the COUNTY prior to commencing any Maintenance or Construction under this Francllise �nd additionally to those owners or other persons in control of property in the Franchise Are1 when the Maintenance or Construction will affect access or otherwise impact the property. 6.10 Markers demarcating the pipeline's location shall be placed on the surface in compliance with 49 C.F.R. § 19�.410,to wit: 6.10.1 Markers must be located at eacll public road crossing, at each railroad crossing, and in sufficient number �long the rem�inder of each buried line so that its location is accur�tely known. 6.10.2 The inarlcer must st�te �t least the following on a background of sharply contrasting coloi° (i) The word "W�rning," "Caution," or 'Danger" followed by the words "Petroletun (or the name of the hazardous liquid tr�nsported) Pipeline", or "C�rbon Dioxide Pipeline," all of which, except foz markers in lleavily cleveloped urban areas, xnust be in letters at least 1 inch (25 millimeters) high with �n approximate stroke of 1/4-inch (6.4 milliineters). (ii) The naine of tlie operator and a telephone ntiunber (including lrea code) where the operator caii be reached at all times. 6,10.3 Line markers are not required for buried pipelines located: (i) Offshore or at crossings of or under w�terways and other bodies of water; or Order and Resolution Gz•anling Franchise-6 Civil 8\60CC\2013\Conoco-Phillips\Ord mid Res 7-17-13 (ii) In heavily developed urban �reas sucll as downtown business centers where (a) the placelnent of marlcers is impractical �nd would not serve the purpose �or which markeis are intended; and (b)the local governrnent in�intains current substructure records. 6.10.� Eacli operator shall provide line 1nlrking at locations where the line is above ground in areas that are accessible to the public. 6.11 Upoi� �cceptance of this Franchise by FRANCHISEE, the FRANCHISEE shall file and thereafter inaintain at all times with the COUNTY a survey depicting the location of the Pipeline Corridor within the Franchise Area as well as the approximate location of FRANCHISEE's pipeline(s) and Facilities within the Pipeline Corridor along wit11 all other known utilities, lanclinarks, �nd physic�l fe�ttues. When tlie COUNTY or third parties are engaged in work in the Pipeline Coiridor, or within fifty (50) feet of the Pipeline Corridor, FRANCHIS�E shall promptly respond to requests to locate the precise position of its Facilities. If the project is a COUNTY project, FRANCHISEE shall bear any costs associated with locating its Facilities. 6.12 FRANCHISE� shall also provide COUNTY maintenance crews with detailed information and/or maps and/or illttstrations of the location of pipeline infrastructtue which rnay be situated on or near a COUNTY right of way, on or ne�u�crossing locations, and/or where such pipeline runs parallel to COUNTY rigllt-of-w�ys or in close proximity to a COiTNTY right-of-way. PROVIDED: It is not anticipated thlt such cletailed information and/or maps and/or illustrations shall include "as-built" design drawings, but shall include pipe size, approximate pipe depths, 1nd the valve site situated at the East Low C�nal. 6.13 Nothing in this Fr�nchise shall be deemed to iinpose any duty or obligation upon the COlJNTY to deterinine the adequacy or sufficiency of inforination and/or inaps �nd/or illustrations provided by the FRANCHTSEE at set forth in Section 6.12, or to ascertain whether FRANCHISEE's proposed or actu�l construction, testing, maintenance, rep�us, repllcement or removal is adequate or sufficient or in conformance with �ny information and/or maps and/or illustrations provided to the COUNTY. 6.14 FRANCHISEE shall be solely and completely responsible for workplace safety and safe worl�ing practices on its joU sites within the Franchise area, including safety of all persons and property during the perforinance of any worlc. Sectaon 7. O�erations, M�intenance, Inspection, Testing. 7.1 FRANCHISEE shall operate, maintain, inspect and test its pipeline(s) and r'acilities in tlie Franchise Are� in full compliance with the applicable provisions of all federll, state and local laws, regulations and st�ndards, as now enacted or here�fter ainended, and any other fiiture 11ws or regulations thlt �re �pplicable to FRANCHISEE's pipeline(s) and racilities, products �nd business oper�tions. Order and Resolution Gr�nting Franchise-7 Civil 8\BOCC\2013\Conoco-Phillips\Ord and Res 7-17-13 � Section 8.Encrolchment M�na eg ment. 8.1 FRANCHISEE shall inaintain a written program to prevent dam�ge to its Facilities from excavation activities, as required by applicable state �nd federal , guidelines. 8.2 FRANCHISE� and the COUNTY shall comply with applicable and valid feder�l, st�te and 1oca1 requirements regarding encroachment management, including RCW 19.122 (one-c111 system). 8.3 Upon the COUNTY's reasonlble request, in connection with the design of any COUNTY public works project, FRANCHISEE will verify the exact location of its Ltnderground Flcilities witllin the Pipeline Corridor by exc�vating (pot holing) at no expense to the COLTNTY. In the event FRANCHISEE performs such excavation, the COUNTY shall not require any restoration of the disturbed area in excess of restoration to the salne condition as existed immediately prior to the excavation. Section 9. Leaks, Spills, Ru�tures and E1ner�e���ponse. 9.1 FRANCHISEE sh�ll h�ve in place, at all times during the term of this Franchise, a systein for remotely inonitoring pressures and flows across the Franchise Area. The reinote inonitoring must be able to �ccurately detect pipeline ruptures. 9.2 During the term of this Franchise, FRANCHISEE shall have a written emergency response plan and procedure for locating leaks, spills, and ruptures and for shutting down valves as rapidly as possible. At all tiines m�teri�l herein, such einergency response plan and procedure sllall comply with all requuements as set forth by the United States Department of Pipeline and I�azardous Materials Safety Adininistration ("PHMSA"). 9.3 FRANCHISEE's emergency plans and procedures shall designate FRANCHIS�E's responsible local emergency response officials and a clirect 24-hour emergency contact number for control center operator. FRANCHISEE sh�ll, after being notified of�n emergency, cooperate with the COUNTY and lnake every effort to respond as soon as possible to protect the public's health, safety�nd welfare. 9.4 In the event the COUNTY, a special district and/or a state agency is required to respond to any rupture, spill, or lealc from FRANCHISEE's pipeline(s) and/or Facilities, including, but not limited to, detection and reinoval of any contaminants From air, earth or water, FRANCHISEE shall be solely responsible for all necessary costs inctiured l�y the COUNTY, the special district �nd/or the state agency. This section shall not limit FRANCHISEE's rights or causes of action against any third party or p�rties who may be responsible for a lealc, spill or other rele�se of liazardous liquicl fiom FRANCHISEE's pipeline, including such third party's insurers. 9.5 At all times inaterial herein, FRANCHISEE sh�ll provide adequate protection against risks to life and property posed by pipeline transportation and pipeline facilities, Order and ResoluCion Gr�nting Franchise-8 Civi)8U30CC\2013\Conoco-Phlllips\Ord nnd Res 7-17-13 and fiiither comply with guidelines and requirements set forth by the PHMSA, including, but not liinited to, �11 provisions set forth in 49 U.S.0 §§ 60101 —6030. 9.6 If requested by the COUNTY in writing, FRANCHIS�E sh�ll provide a written summary of 1ny event requiring the participation of PHMSA, including, but not liinited to, the lealc, spill, or rupture's date, tiine, linount, location, response, remediation and other agencies FRANCHISEE has notified. 9.7 In the event of an uncontained lealc, spi11 or rupture from rRANCHISEE's pipeline(s) and/or Facilities affecting the Franchise Area of ten (10) barrels or inore, where the cause is not reasonably apparent, and where federal oz state regulators do not investigate, the COUNTY inay deinand that the occurrence be investigated by an independe�it pipeline consult�nt selected by the COUNTY, The FRANCHISEE shall be solely responsible for paying all of the consultant's costs and expenses inctured in investiglting the occurrence �nd reporting the findings. In c�ses where feder�l or state regulators do perforin an investigation, FRANCHISEE agrees to share the results of that investigation witll the COUNTY within sixty (60) days. Section 10. Relocation, 10.1 In the eveilt that the COUNTY undertakes or approves the construction of or changes to the grade or location of 1ny water, sewer or storm drainage line, street, sidewallc or other COUNTY iinprovement project or any govermnental �gency or any person or entity acting in � governmental cap�city, or on the behalf of, under the authority of, or �t the request of the COUNTY or any other govermnentll agency, undertakes any iinprovement project and the COUNTY determines that the project inight reasonably require the relocation of FRANCHISEE's F�cilities, the COUNTY shall provide the FRANCHISEE at least ninety (90) c�lend�r days prior written liotice or such additional tiine as in�y reasonably be required, of such project requuing relocation of FRANCHISEE's pipeline(s) and/or Facilities. 10.2 The COUNTY shall provide FRANCHISEE with copies of pertinent portions of the plans and specifications for the improvement project. Upon request, FRANCHISEE sh�ll, at its cost and expense, deterinine and identify For the COUNTY tlie exact locltion of its pipeline(s) and Facilities potentially affectecl by the ilnprovement project. 10.3 FRANCHISEE in�y, after receipt of written notice requesting a relocation of its racilities, subinit to the COUNTY written alternatives to the relocation within forty five (45)calendar days of receiving the plans and specifications. The COUNTY shall ev�luate the altern�tives and advise FRANCHISEE in writing if one or inore of the alternatives is suitable to �ccominodate the worlc that would otherwise necessitate relocation of the F�cilities. If requested by the COUNTY, FRANCHISEE shall submit additional information to assist the COUNTY in m�king the evaluation. The COUNTY shall give each alternative proposed by FRANCHISEE fu11 and fair consicieration but ret�ins full discretion to decide for itself whether to Lttilize its original plan or an alternative proposed by FRANCHISEE. In the event the COUNTY ultimately deterinines that there is no other Order�nd Resolutiion Grauting Fr�nchise-9 Civil 8\BOCC\2013\Conoco-Pliillips\Ord nnd Res 7-17-13 � reasonable alternative, FRANCHISEE shall relocate its Facilities as proposed by the COUNTY. 10.4 If any improvement project under this section is required in the interest of public health, safety, welf�re, necessity or convenience, as adjudged in the sole discretion of the COUNTY, the FRANCIIISEE shall inake such ch�nges �s required herein at FRANCHISEE's sole cost, expense and risk. 10.� The COUNTY shall worlc cooperatively with FRANCHISEE in determining � viable and practical route within which FRANCHISEE may relocate its racilities, in order to ininiinize costs while meeting the COUNTY's project objectives. 10.6 FRANCHISEE shall complete relocation of its Facilities so as to accoinmodate aity impiovement project within 90 calend�r days of being advised Uy the COUNTY th�t relocation is required as set �orth in Section10.3. In the event the COUNTY does not provicie a linal notice under Section 10.3 Uecause rRANCHISEE fails to submit written alternatives to relocation within 45 days or receiving plans and specifications, FRANCHIS�E sha11 complete relocation of its Flcilities so as to accorrunodate the improveinent project within 45 calendar days of expuation of the 45 calendar day period set forth in Section 10.3, or at such other time as may be inutually agreed by the parties in writing. Section ll. Reinoval, Abandoninent in Place. 1 L 1 In the event of FRANCHISEE's permanent cessation of use of its pipeline(s) and/or Facilities, or any portion thereof, within the rranchise Area, the FRANCffiSEE shall, within one hundred and eighty days (180) after the cessation of use, remove the pipeline, Facilities or any portion thereof. 11.2 In the event of the removal of all or � portion of the pipeline(s) or F�cilities, FRANCHISEE shall restore the Franchise Are1 to as good or better condition as it was in before the work began. 11.3 Reinoval and restoration worlc shall be done at FRANCHISEE's sole cost and expense and to COUNTY's reasonable s�tisfaction. FRANCHISEE shall be responsible for any environmentll review required for the removal of any pipeline(s) and/or F�cility and the payinent of any costs of the envuonmental review. 11.4 If FRANCHISEE is required to reinove its pipeline(s) and/or Facilities 1nd fails to do so and/or fails to adequately restore the Franchise Area or other mutually agread upon action(s), the COUNTY inay, after reasonable notice to FRANCHISEE, reinove the pipeline(s) and/or Facilities, restore the preinises and/or talce other action as is zeasonaUly necessary at FRANCHISEE's expense. This remedy shall not be deemed to be exclusive and sha11 not prevent the COUNTY from seel�ing a judicial order directing that the Facilities be removed. Order and Resolution Granling Franchise- 10 Civil 8\60CC\2013\Conoco-Phillips\Ord nnd Res 7-17-13 11.� With the express written consent of the COUNTY, the FRANCHISEE may purga its pipeline(s) and racilities, as directed by the COUNTY, �nd abandon them in place. FRANCHISEE shall be responsible for any enviroument�tl review required for the �bandonment of any pipeline(s) and/or Facilities and the p�yment of any costs of such environmental review. The COUNTY's consent to the abandomnent of Facilities in place shall not relieve the FRANCHISEE of the obligation and/or costs to remove or to alter such Facilities in the fiiture in the event it is reasonably deterinined that removll or alterations is necessary or advisable for the health and safety of the puUlic, in which c�se the TRANCHISEE shall perform such work at no cost to the COUNTY. The parties expressly agree that this provision of this Section shall survive the expiration, revocation or termination of this Franchise. Section 12.Violations, Remedies and Terinination, 12.1 In addition to any rights set out elsewhere in this Franchise, or other rights it may possess at law or equity, the COUNTY reserves the right to apply �ny of tlie following reinedies, alone or in coinbin�tion, in the event FRANCHISEE viol�tes any material provision of this Fr�nchise. The remedies provided for in this Franchise are cumulative and not exclusive; the exercise of one remedy sl�all not prevent the exercise of another, or any rights of the COUNTY at 11w or equity. 12.2 The COUNTY inay also terminate this Franchise if FRANCHISEE materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this franchise, or fails to inaintain all required licenses and approvals from federal, state, and local jurisdictions, and fails to cure such breach or default within thirty (30) calendar days of the COLTNTY's providing FRANCHISEE written notice thereof, or, if not reasonably c�pable of being cured within thirty (30) calendar days, within such other re�sonable period of time�s the parties may agree upon. 12.3 This Fianchise shall not be terininated tuitil reasonable notice to FRANCHISEE and the FRANCHISEE has an opportunity to be heard, provided th�t if exigent circumstances necessitate immediate termrnation, the hearing m�y be held as soon as possible after the terinin�tion. 12.4 In the event of termination under this franchise, FRANCHISEE shall iinrnediately discontinue operation o� the pipeline through the Franchise Area. Either party may in such case invoke the dispute resolution provisions herein. Alternatively, the COUNTY may elect to seek relief directly in Superior Court, in which case the dispute resolution requirements shall not be applicable in this limited situation. Once the FRANCHISEE's rights to Operlte in the Franchise Area have terminated, FRANCHISEE shall comply with Franchise provision regarding removal and/or abandoninent of F�cilities. 12.5 The COLTNTY's failure to exercise a particular remecly at any time sh�ll not waive the COUNTY's right to terminate, lssess penalties, or assert that or any other remedy at law or equity for any futtue breach or default of FRANCHISEE. Order lrid Resolulion Granting Franchise- 11 Civil 8\BOCC\2013\Conoco-Phillips\Ord and Res 7-17-13 ' 12.6 Terinination of this franchise sh111 not release FRANCHISEE from any liability or obligltion with respect to �ny matter occurring prior to such termination, nor shall such termination release the FRANCHISEE from any obligation to remove or secure the pipeline pursuant to this Franchise�nd to restore the Franchise Area. 12.7 The parties acicnowledge that the covenants set forth herein are essential to this Franchise, and, but for the inutu�l agreements of the parties to coinply with such covenants, the parties would not hlve entered into tlzis rranchise. The parties further acknowledge thlt they may not h�ve an adeqtiate remedy at law if the othei party violates such coven�nt. Therefore, tlle p�rties shall liave tlie right, in addition to any other rights they may have, to obtain in any court of competent jluisdiction injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any of the coven�nts contained herein should the other party fail to perforin them. Sectioai 13.Dis�ute Resolution. 13.1 In the event of a dispute Uetween t11e COUNTY and the FRANCHISEE arising by reason of this Franchise, or any obligation hereunder, the dispute shall first be referred to the representatives designated by the COUNTY and the FRANCHISEE to h�ve oversight over the adininistr�tion of this Franchise. Said officers or representatives shall ineet within thirty (30) calend�r days of either party's request for s�icl meeting, �nd the parties shall make a good faith effort to attempt to achieve a resolution of the dispute. 13.2 In the event th�t the parties are unable to resolve the dispute under the procedure set forth in Section 13.1, then the parties hereby agree that the m�tter sh�ll be referred to inediation. If the parties are ttn�ble to agree on a inediator, the p�rties shall each secure the services of a mediator, who will in turn worl�together to inutually agree upon a thud inediltor, and the tluee inediators will serve.as a inediation panel to assist the parties in resolving their differences. Any expenses incidental to inediation sh�ll be borne equally by the parties. 13.3 If either party is dissatisfied with the outcome of the inediation, that p�rty m�y ' then pursue any available judicial remedies, provided, that if the party seelcing juclicial redress does not substantially prevail in the judicial action, it shall p�y the othei party's reasonable leg�l fees and costs incurred in the judicial action. It is agreed that Grant Cotu�ty, Washington shall Ue tlle venue for any judicial action arising out of this Franchise. 13.4� SuUject to state and feder�l regulation, the Company shall be permittecl to continuolrsly operate its Facilities clLUing dispute resolution. Section 14. Indemnification. 14.1 General Indemnification. FRANCHISEE shall indemnify, defeild and hold harinless the COUNTY froin �ny and all liability, loss, dainage, cost, expense, �nd claiin of any kind, including reasonable attorneys' and experts' fees incuired by the COUNTY Order and Resolution Gr�nting Franchise- 12 Civi]8\60CC12013\Conoco-Phillips\Ord and Res 7-17-13 in defense thereof, arising out of or related to, directly or indirectly, the installation, construction, operation, use, location, testing, repair, inaintenance, removal, or abandonment of FRANCHISEE's pipeline(s) and/or Facilities, or fi�om the existence of FRANCHIS�E's pipeline and other apptutenant Facilities, and the products contained in, transferred through, released or escaped from said pipeline and appurtenant Facilities, including the reason�ble costs of assessing such damages and any liability for costs of investigation, abateinent, correction, cleanup, filles, pen�lties, or other damages arising under any environmental l�ws. If any action or proceeding is brought against the COUNTY by reason of the pipeline(s) or its appurtenant Facilities, FRANCHISEE shall defend the COUNTY �t the FRANCIIISEE's complete expense, provided that, for uninsured actions or proceedings, defense attorneys sha11 be approved by tlle COUNTY, which approval shall not be uiueasonably withhelcl. This indemnity piovision is not intended to indemiufy the COLTNTY fi•oin the negligence of COUNTY's own employees, officers or agents. 14.2 Environmental Indemnification, FRANCHISEE sh�ll indemnify, defend and save the COLTNTY ha�inless from and against any and all li�bility, loss, dainage, expense, actions ancl claims, either at law or in equity, including, but not limited to, costs and reasonable attorneys' and experts' fees incurred by the COUNTY in defense thereof, arising directly or indirectly from (a) FRANCHISEE's brelch of any environmental laws applicable to the pipeline or (b) froin any release of a hazardous substance on or froin the pipeline. This indemnity includes but is not limited to (a) liability for a governinental agency's costs of removal or remedial action for hazardous substlnces; (b) damages to nattiral resources caused by hazardous substances,. including the reasonable costs of assessing such damages; (c) liability for any other person's costs of responding to hazar�dous substances; (d) liability for any costs of investigation, abatement, correction, cle�nup, fines, penalties, or other damages arising tulder any environinental laws; and (e) liability for personal injury, property d�mage, or economic loss �rising under any statutory or common-law theory. This indemnity provision is not intended to indeimlify the COUNTY from the negligence of COUNTY's own employees, officers or lgents. Section 15. Insurance. 15.1 During the terin of this Franchise, FRANCHISEE agrees to self-insure or otherwise carry as a ininiinuin, the following instuance, in such forms and with such carriers as is satisfactory to the COUNTY: (a) Workers coinpensation and einployer's liability insur�nce in lmounts sufficient pursuant to the laws of t17e State of Wasliington; (b) Commercial general liability insurance, with combined single limits of liability not less tlzan $5,000,000 per occurrence and in the aggregate for bodily injtuy, includiiig personal injury or death, products liability, contractual coverage, operations, explosion, collapse, sudden or accident�l pollution, underground and property dam�ge and any cl�ims or losses under this Section; and Order and ResoluCion Granling Franchise- 13 Civil 8\60CC\2013\Conoco-Phillips\Ord nnd Res 7-17-13 (c) AutomoUile liability insurance with combined single liinits of liaUility not less than $2,000,000 for bodily injury, including pei•sonal injlu�y or death and property damage. 15.2 The comprehei7sive gener�l liability insurance �nd �utoinobile liability insurance policies shall be endorsed to contain the following provisions: (a) The COUNTY sh�ll be nained as additional instued; such insurance shall �pply to the COUNTY's officers, elected officials and employees, representatives, coiisultants, or volunteers, while acting on behalf of tlie COUNTY and resulting from the FRANCHISEE's operations. (b) Coverage shall apply separately to each insured against wliom claim is made or suit is broLlght, except with respect to the limits of the instuer's liability; (c) Coverage shall not be suspended, canceled, moclified or reduced except after thirty (30) days prior written notice to the COUNTY delivered by certified mail, return receipt requested; �nd (d) Coverage sh�11 be priinary as to the COUNTY, its officers, officials, employees, representatives, consult�nts, oi volunteeis. Any insurance or self-insurance by the COUNTY, its officers, officials, employees or volunteers shall be in excess of the FRANCHISEE's required instuance as a result of the FRANCHISEE's negligence. 15.3 The FRANCHISEE shall furnish the COUNTY with certificates of insurance and origin�l endorsements, and/or a letter of adequate self-insurance reasonably satisfactory to COUNTY, evidencing the coverage required by this section upon acceptance of this Frailchise. 15.4 The indeinnity and insurance provisions herein under sections 14 and 15 of this Fr�nchise sliall survive the terinination of this Franchise and shall continue for as long as the FRANCHISEE's Facilities shall remain in or on the Franchise Area or until the parties execute a new Franchise agreement that modifies or terminates these indeiniuty or insurance provisions. Section 16. Receivership and Foreclosure. 16.1 FRANCHISEE shall immediately notify the COUNTY in writing if it: files a voltlntary petition in bankruptcy, a voluntary petition to reorganize its business, or a voluntary petition to effect a plan or other arrangement with creditors; files an answer �dinitting the jurisdiction of the Court and the material allegations of an involtultary petition filed pursu�nt to the Banl�uptcy Code, as amended; or is adjudicated bai�luupt, makes an assignment for the benefit of creditors, or applies for or consents to the appointinent of any receiver or trustee of all or any p�rt of its property including all or any parts of its business operations, pipeline(s) or Facilities within or affecting the Franchise Area. Order and Resolution Granting Franchise- 14 Civl]8\BOCC12013\Caioco-Pliillips\Ord nnd Res 7-17-13 16.2 Upon the foreclosiue or other juclicial sale of all or a substaiztial part of FRANCHISEE's business operations, pipeline(s) or Facilities within or affecting the Franchise Area, or Lipon the terinination of any Iease covering alI or a substanti��l part of the pipeline(s) or Facilities withiil or affecting �he Franchise Area, or upon tlie occasion of adciitional events which effectively caLise termination of FRANCHISEE's rights or abrlity to operaCe the pipeline(s) or Facilities within or affecting the Franchise Area, FRANCHISEE shall noti�y the COLTNTY of sLich fact, and snc11 notification or tile occurrence of such terminating events shall be t�•eated as a notil'icatiion that a change in col7trol of the FRANCHISEE has taken place, and the provisions of this Franchise Agreement governing the consent of the COUNTY to such change in control of the IiRANCHISEE sha11 apply. Section 17.Franchise Fee and Costs. 17.1 In consideration loi grantin� this Frailchise and for the use o�the Franchise Area, there is hereby established an annual fee eqtial to One Thousand Dollars and No Cents ($1,000.00). The first payinent shall be paid at tlie time FRANCHIS�� accepts this Franchise �nd sllall cover t11e next twelve (12) inonths. E1ch succeeding �ayment shall cover the next twelve (12) month period and shall be paid not later tihazl tlle anniversary date of the Effective Date of tl7is Franchise. Section 18.Le�al Relations. 18.1 Nothing contained in this Franchise sh�ll be construed to create an association, trust, partnership, agency relltionship, or joint venture or to impose a trust, partnership, or agency duty, obligation or lia6ility on or with ragard to any party. Each party shall be individually and severally liable for its own duties, obligations, anci liabilities under tlus Franchise. 18.2 FRANCHISEE accepts any privileges granted by the COUNTY to the Franchise Area, public Rights-of-Way �nd other Public Pz�operty in an "as is" condition. FRANCHISEE agi°ees that the COUNTY h�s never made any representations, implied oi° express wruranties or guarantees as to the suitability, security or safety of FRANCHISEE's location of facilities or the facilities tlieinselves in ptitblic property or rights of way or possible hazards or dangers aiising from other uses of the public rights of way or other puUlic property by�he COUNTY or the general public. FRANCHISEE shall remain solaly and separately liable for the function, testing, maintenailce, replacement and/or rep�ir of the pipeline or other activities permitted under this Franchise. 18.3 FRANCHISEE �vaives imm�.inity under Tit1e S1 RCW ill any clses involving the COUNTY and �ffirins t11at the COUNTY and FRANCHISEE have specifically negotiated tllis provision, to the extent it inay�pply. 18.4 This Fr�ncl�ise shall not cre�te any duty of the COUNTY or 1ny of its offici�is, employees or agents aild no liability shall uise froin any action or failure to act by the COUNTY or 1ny of its officials, employees or lgents in the exercise of powers resetved Order ai�d Resolntion Granling I�ranchise- 15 Civil 8\BOCC\2013\Conoco-Phillips\Orcl ond Ros 7-17-13 to the COUNTY. Further, this resolution and order is not intended to acicnowledge, cre�te, imply or expand �ny duty or liability of the COUNTY with respect to �ny function in the exercise of its police power or for any other ptupose. Any duty th�t may be deemed to be created in the COUNTY sh�ll be deeined a duty to the general public and not to any specific party, group or entity. 18.� Tl1is rranchise shall be governed by, and construed in accordance with,the l�ws of the State of Washington and the parties agree that in any action, except actions blsed on federal questions, venue sliall lie exclusively in Grant County, Washington, Section 19: Miscellaneous. 19.1 In the event that a court or agency of competent jurisdiction decl�res a in�terial provision of this Franchise Agreement to be invalid, illegal or unenforceable, the p�rties shall negoti�te in good faith and lgree, to the inaxiinum extent practicable in light of such deterinination, to such ainendments or modifications as are �ppropriate actions so as to give effect to the intentions of the parties �s reflectecl herein, If severance from this Frailcluse Agreement of the particular provision(s) determined to be invalid, illegal or unenforce�ble will fund�inent�lly impair the value of this Franchise Agreement, either party inay apply to a court of coinpetent jurisdiction to reform or reconstitute the Franchise Agreeinent so as to recapture the origin�l intent of said particular provision(s). All other provisions of the Franchise sh�ll rein�in in effect at all times during which negotiations or a judicial action remains penditlg. 19.2 Whenever this Francliise sets forth a time lor any act to be performed, such tiine shall be deeined to be of the essence, and 1ny failure to perform within the �llotted time may be considered a material violation of this Franchise. 19.3 In the event that FRANCHISEE is prevented or del�yed in the performance of any of its obligations under this Pranchise by reason(s) beyond the reasonable control of FRANCHISEE, then FRANCHISEE's performance shall be excused during the Force Majeure occurrence. Upon removal or termination of the Force Majeure occurrence t11e FRANCHISEE shall proinptly perform the affected obligatiions in an orderly and expedited manner under this Franchise or procure a substitute for such obligation or performance that is satisfactory to the COUNTY. FRANCHISEE shall not be excused by mere econoinic hardship nor by inisfeasance or inalfeas�nce of its directors, officers or employees. 19.4 The Section headings in tl�is Fr�nchise are for convenience only, and do not purport to and shall noti Ue deeined to define, limit, or extend the scope or intent o�the Section to which they pertain. 19.5 By entering into this Franchise, the parties expressly do not intend to create any oUligation or liability, or proinise any performance to, any third p�rty, nor have the parties created for any third party any right to enforce this Franchise. Order�nd Resohltion Grinling Francl�ise- 16 Civi�8\[30CC\20L3\Conoco-Phi]Iips\Ord and Res 7-17-13 19.6 This Franchise and all of the terins and provisions sh�ll be binding upon and inure to the benefit of the respective successors ancl assignees of the parties. 19.7 Whenever this Franchise calls for notice to or notification by �ny party, the same (unless otherwise specifically provided) shall be in writing and directed to the recipient at the address set forth in this Section, unless written notice of ch�nge of�ddress is provided to the other party. If the date for malcing any p�yment or performing any act is a legal holiday, payment inay be inade or the act perFormed on the next succeeding business day which is not a legal holiday. Notices shall be directed to the parties as follows: To the COUNTY: Board of County Commissioners PO Box 37 Ephrata WA 98823 509-754-2011 To FRANCHISEE: Yellowstone Pipe Line Coinpany Attn: Manger PTRRC P.O, Box 5400 Bartlesville, OK 74005-5400 918-977-C600 19.8 The parties each represent and warrant tllat they have fiill authority to enter into and to perform this Franchise, that they are not in default or violation of any permit, license, or similar requuement necessary to carry out the terms hereof, and tllat no further approval, permit, license, certification, or action by a governmental authority is required to execute and perforin this Franchise, except such 1s inay be routinely required �nd obtained in the ordinary course of business. 19.9 This Franchise Agreement ancl the attachments hereto represent the entire understanding and �greement between the parties with respect to the subject matter and it supersedes all prior oral negotiations between the parties. This Franchise Agreeinent can be amended, suppleinented, modified or changed only by an agreeinent in writing which inakes specific ieference to the Franchise Agreement or the appropriate attichinent �nd which is signed by the party against wliom enforceinent of any such �mendinent, supplement, modification or change is sought. � �, �,.� ��� 19.10 The Effective Date of this Franchise sh�ll be the day of��—��L%i�, 20_, after passage and approv�l oF this Resolution and Order as provided by law, and provided it has been duly �ccepted by FRANCHISEE as herein �bove providecl. Order and Resolulion Granting Fr�uchise- 17 Civi]8\BOCC\2013\Cottoco-Phfllips\Ord nnd Res 7-17-13 ' APPROVED BY THE BOARD this��day of ���_,__ , 2013. BOARD OF COUNTY COMMISSIONERS �" RANT COU TY, WASHINGTON ,`````�����11 I I I(I I I I I b�y i�� .```\\`��co�NTy Co��,- .,,�'� Cindy Car �, Ch�ir ��4� �p1� �'N" �`����..��,��.�r���...� _Oi � :QM1 ��E %mt :R`y` C c SW�ll'tZ� V1Ce c`11T � ;�'y��',p�A �'•�� � ��•���'r/ O ��� a �__�____._._._.__^�--_ C �����'��ii���WASHiNG�O����`�°�\\ Richard St�ns, Me nber � .:A�TEST: f� � arba a J. Vasquez� Cler of the Boud UNCONDITIONAL ACCEPTANCE BY FRANCHISEE: I, the undersigned official of Yellowstone Pipe Line Company, am authorized to bind Yellowstone Pipe Line and to unconditionally accept the terins and conditions of the foregoing Franchise Resolution and Order which are hereby accepted by Yellowstone Pipe Line this day of , 20_. _ FRANCHISEE-Yellowstone Pipe Line Comp�ny By: --l��a„���« Naine: Bill A. Hallett Title: Attorney-In-Fact Subscribed and sworn to before ine this�,�day of .����C.r�„ ,�^v' , 20/,� Received on behalf of the COUNTY this��"I J�d/�yo• � ' , 20�-� l Name: ' l .� Title: �/fA-�✓'L— i3o°�'- Order�nd ResoluCion Granting Pranchise- l 8 , Civil 8\DOCC\2013\Conoco-Philltps\Ord and Res 7-17-13 , � I' 1 CALIFORNIA ALL-PURPO�E ACKNOWLEDGMENT . > T ., 'J. . . . 'J . 'a 7. . . T . '�. . 'T . . ; � State of California County of �=� �"I-�G��=��:-� � On .�a�r`, /��zvr�before me, ���6�C_ ,J` P��2������-L �e�, , Date Here Insert Name and Title of the fficer personally appeared r� ��- �- ��G�f7`- , /���-�/'--�'��/ --fo�/ --�iq-��� Name( )of igner(s) e who proved to me on the basis of satisfactory � , , evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged ' to me that he/she/they executed the same in � his/her/their authorized capacity(ies), and that by i his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the � person(s) acted, executed the instrument. BURL J.PERSHAIL,JR. Commi::ion#►2013839 I certify under PENALTY OF PERJURY under the i NotAry Public-C�IiM►nN laws of the State of California that the fore oin loa Anptles CouMy 9 9 i Comm.Ex �raMu21 1 paragraph is true and correct. I i . � WITNESS my hand and official seal. � � Signature: ��°-����'��----� Place Notary Seal and/or Stamp Above nT p Slgnature of Notary blic Or I IONfiL � Though the information below is not required by law, it may prove valuable to persons relying on the document � and could prevent fraudulent removal and reattachment of this form to another document. � � Description of AttacY�ed �c�curw��w�# i 1"itle or 7ype of Dooument: j Document Date: Number of Pages: ' Signer(s) Other Than Named Above: � Capacity(ies) Claimed by Signer(s) ; < Signer's Name: Signer's Name: I ` � Corporate Officer—title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑Individual tl .� . � „.. I ❑ Partner—�Limited ❑General Top of thumb heYe ❑Partner—❑ Limited ❑General Top of thumb here i ❑ Attorney in Fact �Attorney in Fact ❑ Trustee ❑Trustee ' ❑ Guardian or Conservator ❑Guardian or Conservator � ❑ Other: ❑Other: � < I Signer Is Representing: Signer Is Representing: ! I � < ; � ��._,`�=�.���a`�k��C��,��.`�a�o._ y y , y � �a�o` OO 2008 National Notary Association•9350 De Soto Ave.,P.O,Box 2402•Chatsworfh,CA 91313-2402•www.NatlonalNotary.org Item#5907 Reorder:Call ToII�Free 1-800•876-6827 I LXHIBIT� GRANT COUNTY ROAAS—CROSSING DESCR7PTXONS ROAD 11 NORTHEAST l. Crossing Cout�ty Road (gravel) at a point on the Section li�ze batween Sections l and 12, T-20-N, R-30-�, of the Willamette Meridian, Grant County, VVashiilgton, said point being located 1201 feet east along said road iionx the southwest corner of�ectioza ]. ROAD W NORTH��S'I' 2. Czossin� County Road (blacictop) �t �point an the Section line betwee�� Sectio��s 12 and i i, T-20-N, R-30-E, of th� Willa�nette Meridian, Grailt Coitnty, VVashington, said poii�t being located 437 feet south along said road froin the northvv�st corner of said Section 1.2. ROAD V NORTHE�I,ST 3. Crossin� County Road (saz�.d) at a point of the Section line between Sections 11 and 10, T-20-N, R-30-1E, of tlxe Willamette Meridi�iz, Grant Countq, Washington, said point being lacated 52$ feet north alon�; said road from the sautheast eorner af the northeast '/a of said Section 10. ROAD 10-I�10RTHEAST 4. Crossin�; Coux�ty Road (dirt) at a point nn the Section line betwee�i Sections 9 and 16, T- 20-N, R-30-T, ot'th.e Willamette Meridian, .C`rratlt County, "�Jashington, said point being located 650 feet east�loug said roacl�'rorn the noxtl�west corner of said Section 16. R,OAD T NORTI-TEAST 5. Crossing County Road (dirt) at a�o'rnt on the Sectiion lizxe betwse��Sections 16 amd 17,"T- 20-N, R-30-E, of the Will�mette Meridian, Ciz•ai�t Caunty, Washiixgtazi, said point being locai:ud 212 feet south along saad road f'rom the naxthwest corz�ez•of said Section 16. ROAD S NORTHEAST 6. Crossing County Road (dirt) at a point on tl�e Section lin�between Seations 17 and 18,T- 20-N, R-30-E, o�'the Willamette Meridiaxa, Crrant County, Washington, said paint bei��g located 750 feet north�long said road fi•om the sat�theast cor�7er of the nartl�east '/a of sai� Seetion 18. R0�1D�t NORT�IEAS'� 7. Crossing County Road (c�izt) at a poit�t on the range line betWeen Sectio�is 1 S, T-20-N, R- 30-E, and Section 13, T-20-N, R�29-�, af the Willamet�e Mei•idian, Gr�nt Caunty, Washin.gton, Exhibit A said poitlt bsing located 17'73 leet �iortli alo�ig said road f'rom the satithwest corner of said S0Gt1011 �S, ROAll 9 NORTH�AST 8. Crossing County Road(gravel) at a point ox�the Section line between Sectians 13 �uid 24, T-20-N, R-29M�, of th� Willan�ette Meridian, Grant County, Washington, slid point being loaated 291 feet east along said road Froxn the nort�lwsst cori�er of said Section 24. ROA.0 Q NORTH�AST 9. Crosszng County �Zoad (�ravel) at a point on the section lii7e between Sections 2� azid 23, T-20-N, R-29-�, of the 'UVi11�n1ette Meridian, Grailt Couxlty, Washington, said poi��t being located 107 fieet south alox�g sa�d road irom tlle noi�hwest cori�er of said Section 24. ROAT�P NORTI�EAST 10. Crossing Caunty Road (Dirt) at a point on tlze section line betweex� Sections 23 ancl 22, T-20-N, R�29-E, of the Will�mette Maitidian, Grant County, 'Washington, said poir�t beii�g �ocated �00 feet norlh �loiag said xoad fi•oni the southeast corner of the northeast '/a of said Section 22. R0�1D 8 NORTHE.AST 11. Crossing Co�.tnty R.oad(dix�t)at a poitzt on the Sectior�.lix�.e between Sections 21 and 2�, T- 20-N„ R-29+E, of the Willainette Meridiat�, Grant County, Washi���ton, said poirlt being lacatecl 1176 feet east along said ro�d from the iaartl�vvest corne�aF said Section 28. Then pipe line is to go�vvest 1� feet soutla aftlxe centerline of Road 8 Nortli, S6S feet fi•on1 saicl crossing. RO,AD N NORTHEAST 12. Crossing Caunty Roaci(gra�vel) at a point o�l the Section line between Sectians ?8 and 29, T�20-T�, R�29-E, of the Willanaette Meridian, Grant Cauz�ty, Wasllington, said point being located l.l$2 f�et south aloi7g said road fxom the no�•theast corner of said Section 29. RO�D N NORTHEAST 13. Crossin�; Cotivaty R.oad (blacktop) at a point in the southwest '/n of Sectioza 29, T-20-N, R- 29-E, of tlie Will�tmette Meridian, Grazrt County, Wasl�ingtoi�, said poii�t bei�g located 11263 feet soutl�westerly 1ro�ig said road frorn the eastwest '/� Section lins af said Section 29. RO.�.D 7 NORTHEAST 14. Crossing Cou�lty Itoad (bl�cktop) at a poix�t on the Section line Uetween Sections 30 and 31, T-20�N, R-29-� aP the �Villamette Meridian, Crrant ColYnty, Washingtan, said point bein�; Exhibit A i I I I I located 5S7 feet west a�ong s�iid road frona t�ze northeast cot���er ot' the na�thwest '/a af said ' Section 31. � ROAD L NORTT��AST 15. Crossing County Road (blaeklop) at a poixit on the range line between Section 31, "1"-20- ; N, R�29-E and Section 36 T-20-N, It-28-L, af the Willan�.ette Mer.idiaiY, Graz�t County, Wasl�ington, said poiz�.t bei�lg loc�ted 44 feet south along s�id road ii•om the northeast corner of ; said �ectiox� 35. ! i i ROAD '7 NORTIITAST � � 16. Alon�; Co�int� Roacl (blacictap) ditch lines in the NE'/n Section 36 and the NWl/4, S0Ct10Y� 35, all ita T-20�N, R-28E, of the Willa�nette Meridian, G�•ant Colrzity, W�shington. ROAD K NORTHEAST 17. Crossing Cotinty Road (bl�cictop) at a point on tl�e Section line between Sections 35 and 36, T-20-N, R-28-E, of the Willan�ette Meridian, Grant Count�, '�ashin�to�a, said point being located 60£eet south along said road frorn the not•tlleast corner of�said 5ection 3S. ROAD J N0�2'1 H�AST 18. Crossiilg Stx�atford County Rnad (blacktap) at a point on the Section line between Sections 35 and 41, T-20-N, R-28-E, of the Willamette Meric�ian, Grant Coui�ty, WaslYington, said point beiilg located 2$ feet sorrth �tlong said road iioi�l the northeast cnrner af said Sectian 34. ROA.D 7 NORTHEAST 19. Ct�ossin� Caunty Road(gravel) at a point on tl�e Section line betwee�i Sections 34 and 27, Tb2Q-N, R-28-�, of th.e 'Willamette Meridia�i, Grant Cou�lty, Waeliingto�n, said point bein� located 236 feet west alon�said road rrom the northeast corner af said Sectipn 34. Exhibit A