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HomeMy WebLinkAboutR-2020-068 Boise Cascade Mill Site; Real Estate Purchase and Sale Agreement for ROW and Easements AquisitionA RESOLUTION RESOLUTION NO. R-2020-068 authorizing execution of a Real Estate Purchase and Sale Agreement for the City's acquisition of required Right -Of -Way and easements over the Boise Cascade Mill Site property to enable road construction WHEREAS, the City has been working with the two primary owner groups associated with the Boise Cascade Mill Site property (the Mill site) for many years to address issues resulting from the City's past use of a portion of the property, commonly referred to as "the landfill site", to deposit solid municipal waste from 1963 through 1970, and WHEREAS, more recently there has been a cooperative effort, primarily by the City, Yakima County and the Washington Department of Highways, to develop road access to the Mill site and to extend a road from `H' Street in the City, across the Mill site, 1-82 and the Yakima River, then extending into Terrace Heights (the "East-West Corridor") to relieve pressure on the Yakima Avenue -I 82 intersection and improve access to Terrace Heights, as well as connecting Bravo Company Boulevard with the corridor; and WHEREAS, construction of this road system will require right-of-way across the Mill site property for road surface, utility easements, and for necessary construction easements to allow for the room to stage and construct the roadways, all of which must be acquired from the primary owner groups, identified as Office Max, LeeLynn, Inc , Wiley Mountain, Inc , Yakima Resources, LLC, Frontier Resources, LLC, and Dunollie Enterprises, LLC, and WHEREAS, the City and the County have been extremely fortunate to receive many millions of dollars in grant funding to be applied to the construction of the roadways across the Mill site property, so long as the construction is initiated within the time limits associated with the fund awards received, and WHEREAS, in accordance with the terms of the Real Estate Purchase and Sale Agreement (PSA) attached hereto and incorporated herein by this reference, the City agrees to accept responsibility for the environmental impairments that have been and may be identified within the right-of-way property purchased by the City in fee, in accordance with the Agreement, and WHEREAS, in accordance with the PSA the City has agreed to pay the property owners the total price of $740,000.00, which price includes the purchase of the right-of-way property required for the road construction and utility easements, together with the cost of utilizing the construction easements required during the time construction is ongoing, and WHEREAS, the City has been maintaining a balance of funds that was included in the 2019 budget in an amount that will meet the purchase price of the right-of-way for that purpose for several years in anticipation of completing this right-of-way purchase, no new funds need to be identified or appropriated to compete this transaction, and WHEREAS, the City Council has determined that the purchase of the right-of-way and the construction easements required for the construction of Bravo Company Boulevard across the Mill site property, together with the extension of the East-West corridor from the City, across the Interstate and the Yakima River to reach Terrace Heights, is in the best interests of the City to enhance the development opportunities for the Mill site property, reduce traffic congestion and impaired traffic flow on Yakima Avenue and to provide a new and more direct access to Terrace Heights, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Interim City Manager is hereby authorized and directed to execute the attached and incorporated Real Estate Purchase and Sale Agreement and to take any other steps and actions necessary to complete the purchase and sale transaction in order to acquire the property necessary to construct the planned roadways across the Boise Cascade Mill Site property as well as to provide the necessary utility and construction easements to accomplish that purpose ADOPTED BY THE CITY COUNCIL this 16th day of June, 2020 ATTEST: ta�x�J�i�(U1� Sonya Claar Tee, City Clerk /JA..G, /J (Ptricia Byrs, Mayor r . 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 4.F. For Meeting of: June 16, 2020 ITEM TITLE: Resolution approving a Real Estate Purchase and Sale Agreement for the City's acquisition of required Right -Of -Way and easements over the Boise Cascade Mill Site property to enable road development and construction SUBMITTED BY: Jeff Cutter, City Attorney SUMMARY EXPLANATION: Since 2006 the City has been actively engaged with the several owners of the Boise Cascade Mill Site property to address remediation of the City's municipal solid waste landfill that was deposited on that property by the City during the years 1963 through 1970. More recently, and associated with that effort, a plan for the development of roadways on and across the Mill Site property has become a reality. As a result of the cooperative efforts of the City, Yakima County, and the Washington State Department of Transportation, roads have been planned to extend `H' Street east across the Mill site, under the interstate and across the Yakima River to provide an "east -west corridor" from Yakima to Terrace Heights as a way to provide access to the developing Mill Site property and to relieve the growing pressure on the 1-82 and Yakima Avenue interchange. At the same time, the City has plans to extend Bravo Company Boulevard north across the Mill Site to tie into the east -west corridor. The City and County have been advised that they have been awarded many millions of dollars in dedicated grant funding to off -set a tremendous portion of the costs associated with this road development project. These funds are available for a specified window of time within which construction must be initiated. At this point, the parties participating in this project are meeting the necessary timelines to be able to begin construction to meet the funding opportunities. In order to construct the roads across the Mill Site the City must acquire the land required for right-of-way to build them on, as well as for the utility easements and temporary construction easements that will facilitate the road construction effort. To that end, after more than three years of negotiation, the City has received the attached and executed Purchase and Sale Agreement from the several Mill Site property owners for the required right of way and easements. n anticipation of the purchase of the required right-of-way the City has held the funds necessary to complete this purchase as a budgeted item for several years. The funds are available when 2 the property closing occurs. This purchase is a great step forward after many years of efforts to reach this goal and to provide access to the Mill Site property, as well as to provide an improved access to Terrace Heights that will relieve a great deal of traffic from the Yakima Avenue interchange, most of the construction of which will be paid for with grant funds the City and County have received. ITEM BUDGETED: STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date © resolution Fn'a'2020 D Fkocha<e ? Sale Agrmment Fry!7070 Type Cover Memo carnrxt REAL ESTATE PURCHASE AND SALE AGREEMENT This Real Estate Purchase and Sale Agreement (the "Agreement") is made this j1 day of _ , 2020, by the City of Yakima ("City" or "Purchaser") and OfficeMax Incorporated, formerly known as Boise Cascade Corporation (collectively referred to as "OfficeMax"); LeeLynn, Inc. ("LeeLynn"); Wiley Mt., Inc. ("Wiley Mt."); Yakima Resources, LLC ("Yakima Resources"); Frontier Resources, LLC ("Frontier"); and Dunollie Enterprises, LLC ("Dunollie") (collectively "Sellers"). RECITALS A. The City seeks to acquire portions of certain property as described below in fee for use as rights -of -way, together with corresponding utility easements and temporary construction easements. The City's plans for these rights -of -way are attached as Exhibit A. B. OfficeMax owns the real property located at 805 N. 7th Street, Yakima, Washington (commonly referred to as the "Landfill Property"). The Landfill Property is identified as Yakima County Assessor Tax Parcel No.191318-41001. C. Yakima Resources currently holds a long-term lease for the Landfill Property, dated February 1 1, 2004, with OfficeMax, with an option to purchase the Landfill Property ("Lease"). Yakima Resources and OfficeMax will enter into a separate lease modification and partial termination agreement to remove this encumbrance to the Landfill ROW Property (as defined below) in advance of the transfer of any property by way of this agreement. D. LeeLynn and Wiley Mt. own the real property located at 802 N. 7th Street, and 61 1 N. 8th Street, Yakima, Washington (the "Mill Property" and "Plywood Plant Property," respectively). The Mill Property includes parcels identified by Yakima County Assessor as Tax Parcel Nos. 191318-12001, 191318-21003, 191318-24001, and 191318-31539. The Plywood Plant Property is identified as Yakima County Assessor Tax Parcel No. 191318-42001. E Under the threat of condemnation, the City conveyed in writing, by way of a letter dated May 23, 2019, an offer to OfficeMax to purchase for right-of-way purposes a portion of the Landfill Parcel, as legally described in Exhibit B (the "Landfill ROW Property"), together with the associated utility easement and temporary construction easement, also described in Exhibit B. F. Under the threat of condemnation, the City conveyed in writing, by way of two separate letters dated May 23, 2019, offers to LeeLynn and Wiley Mt. to purchase for right-of-way purposes portions of the Mill Property and Plywood Plant Property, as legally described in Exhibits C and D (the "Mill ROW Property" and "Plywood Plant ROW Property," respectively), together with the associated utility easements and temporary construction easements, also described in Exhibits C and D. 1 G. OfficeMax will convey to the City the Landfill ROW Property, in fee for right-of- way purposes, together with the associated utility easement and temporary construction easement, all as described in ExhibitB. H. Yakima Resources will enter into a lease modification and partial termination agreement with OfficeMax to effectively release its leasehold interest in the Landfill ROW Property, and will consent to OfficeMax granting to the City the utility and temporary construction easements on the Landfill Property, all as described in Exhibit B. I. LeeLynn and Wiley Mt. will convey to the City the Mill ROW Property and Plywood Plant ROW Property, in fee for right-of-way purposes, together with the associated utility and temporary construction easements, all as described in Exhibits C and D, respectively. J. From 1963 to 1970, OfficeMax owned and operated the Mill Property, Plywood Plant Property and Landfill Property (collectively "Properties") as a sawmill and plywood plant. Frontier entered into an Asset Purchase Agreement with OfficeMax, under which LeeLynn and Wiley Mt. acquired the Mill Property and Plywood Plant Property in 2004. At that time, Yakima Resources acquired the Lease for the Landfill Property. Since 2004, Yakima Resources and Dunollie have operated the Properties. l� From 1963 to 1970, the City operated a municipal landfill on portions of the Landfill Property and the Plywood Plant Property. L Pursuant to the Model Toxics Control Act ("MTCA"), the City of Yakima has entered into an Agreed Order with the Washington State Department of Ecology ("Ecology") to complete an interim action, an updated conceptual site model, Feasibility Study ("FS"), and draft Cleanup Action Plan ("dCAP") for the MTCA Site associated with the former municipal landfill, which is known as the Interstate 82 Exit 33A Landfill Facility Site, and is located on portions of the Landfill and Plywood Plant Properties ("Landfill Site Agreed Order"). The Order is attached hereto as Exhibit E. M. Pursuant to MTCA, OfficeMax, LeeLynn, Wiley Mt., Yakima Resources and Dunollie have entered into an Agreed Order with Ecology to conduct Remedial Investigation ("RI"), prepare an FS, and prepare a dCAP for the MTCA Site associated with portions of the former mill outside of the former municipal landfill, which is known as the Yakima Mill Site, and is located on portions of theProperties ("Yakima Mill Site Agreed Order"). The Order is attached hereto as Exhibit F. 2 N. The City acknowledges that portions of the Landfill ROW Property, Plywood Plant ROW Property and Mill ROW Property (collectively "ROW Properties") are environmentally impaired as a result of historic use of the Properties, and that the City is entering into this Agreement with full knowledge of the condition of the ROW Properties and accepts the ROW Properties "as -is and with all faults," including without limitation all environmental and/or geotechnical faults or conditions, whether known or unknown, and waives any and all objections or claims against the Sellers arising from or relating to the ROW Properties, including without limitation any claims of contribution arising from or related to known or unknown environmental conditions in, on, under or emanating from the ROW Properties. O. The City further acknowledges that, to the extent the ROW Properties are located within the property subject to the Yakima Mill Site Agreed Order, the City's activities and/or use of the ROW Properties are subject to any and all restrictions on the activities and uses set forth under the Yakima Mill Site Agreed Order and such use restrictions are incorporated herein. P. As a component of this Agreement, the City acknowledges its desire that private parties redevelop the Properties for commercial/industrial use. The City and the Sellers acknowledge that entry into this Agreement to sell the ROW Properties, together with the associated utility easements, temporary construction easements, and access agreements, while under the threat of condemnation is otherwise voluntary and provides benefits to all signatories. LeeLynn, Wiley Mt., Yakima Resources, and the City are working together to redevelop the Properties. Redevelopment of the Properties requires the construction of new roads. Sellers acknowledge access benefits to properties owned in the vicinity of the former Boise Cascade Mill. The City acknowledges the benefits to improved City infrastructure consistent with its traffic needs. This Agreement facilitates these mutual benefits, which are necessary for redevelopment of the Properties. Q• The City, LeeLynn, Wiley Mt., and Yakima Resources further acknowledge OfficeMax's desire to fully and finally resolve its responsibility and liability arising from past activities and ownership of the ROW Properties and for the City to acknowledge its responsibilities to OfficeMax under the 1963 Agreement defined below. The City and the Sellers acknowledge the benefit of providing and acknowledging the releases and indemnifications set forth and/or referenced under the terms of this Agreement and the acknowledgement of the 1963 Agreement in furtherance of OfficeMax's participation in this Agreement. R The transactions in this Agreement do not include sale or transfer to the City of any portion of the water rights that are appurtenant to the Landfill Property, Mill Property, or Plywood Plant Property. 3 TERMS 1. Recitals. The Recitals are incorporated as terms to this Agreement. 2. Purchase and Sale. Purchaser agrees to purchase from Sellers and Sellers agree to sell to Purchaser those portions of the real property generally located at 805 N. 7th St., 802 N. 7th St. and 611 N. 8th Street, Yakima, Washington, as legally described in Exhibits B, C and D (i.e., the ROW Properties). Purchaser also agrees to purchase from Sellers, and Sellers agree to grant to Purchaser, the utility easements and temporary construction easements, substantially in the form of Exhibits G and H, respectively. All cash consideration for the ROW Properties and associated easements is due at Closing. Further consideration, including exchanges of releases and indemnities, is outlined below and is effective at and survives Closing. 3. Purchase Price. The total Purchase Price for the ROW Properties and associated utility and temporary construction easements is Seven Hundred Forty Thousand Dollars ($740,000.00), which will be distributed among the Sellers at Closing as follows, subject to adjustments and prorations as provided for herein: ($590,000.00). 3.1 To OfficeMax: Seventy Five Thousand Dollars ($75,000.00). 3.2 To LeeLynn and Wiley Mt.: Five Hundred Ninety Thousand Dollars 3.3 To Yaki►na Resources: Seventy Five Thousand Dollars ($75,000.00). 4. Title. 4.1 Title. Within 5 business days of the date of this Agreement, the City will order and pay for a preliminary commitment for title insurance for the ROW Properties issued by Fidelity Insurance Company ("Title Company"), together with complete and legible copies of all exceptions and encumbrances noted thereon (the "Preliminary Commitment"). 4.2 Survev. Within 5 business days of the date of this Agreement, Sellers must provide Purchaser with a copy of any real property survey of the Properties in Sellers' possession or control after performing a reasonable search for same (the "Survey"). All costs to update such Survey or recertify such Survey will be the responsibility of Purchaser. 43 Title and Survev Review. Purchaser will have 21 days after receipt of the Preliminary Commitment and Survey to advise Sellers in writing of any encumbrances, restrictions, easements, or other matters contained in the Preliminary Commitment or on the Survey (the "Exceptions") to which Purchaser objects. All Exceptions to which Purchaser does not object in writing within the 21-day period will be deemed accepted byPurchaser. If Purchaser objects to any Exceptions within the 21-day period, Sellers must advise Purchaser in writing within 21 days of receipt of Purchaser's written objections (i) which Exceptions Sellers will remove at Closing, (ii) which Exceptions the Title Company has agreed to insure around in the title policy to be issued at Closing (together with the proposed form of endorsement), and (iii) which Exceptions will not be removed or insured around. -4- Within 10 days of receipt of Sellers' response to Purchaser's written objections, and assuming Sellers have not agreed to remove all exceptions to which Purchaser objects, Purchaser must notify Sellers in writing of Purchaser's election to either (i) terminate this Agreement; or (ii) waive its objections to the Exceptions the Title Company has agreed to insure around and the Exceptions Sellers will not remove or insure around, in which event such Exceptions will be deemed accepted by Purchaser. Notwithstanding the foregoing, Sellers agree to remove all financial encumbrances and liens at or prior to Closing, and if Sellers fail to do so, Purchaser may cause any remaining financial encumbrances and liens reflected on the Preliminary Commitment to be satisfied in full at Closing from the purchase funds provided by Purchaser provided that Purchaser shall have no recourse against Sellers in excess of the purchase funds. Notwithstanding the foregoing, Sellers shall have no obligation to remove any liens or encumbrances place upon the ROW Properties and Purchaser shall have no recourse against Sellers in the event such liens or encumbrances are as a result of the actions or failure to act on the part of Purchaser (or any entity related thereto), whether as a result of their use of the ROW Properties orotherwise. 4.4 Title Insurance. The City will purchase at Closing an Owner's ALTA Extended Coverage policy of title insurance (2006 Form) issued by Title Company, dated the date of Closing, insuring Purchaser's title to the ROW Properties subject to no Exceptions other than the standard printed Exceptions and the Exceptions deemed accepted by Purchaser pursuant to Section 4.3 above. The policy of title insurance will also include such endorsements as Purchaser may reasonably request. Sellers agree to provide whatever indemnities or affidavits the Title Company may require to remove from the policy of title insurance the standard preprinted exception for parties in possession and the standard preprinted exception for mechanics liens. 5. Transaction Obligations. Releases and Indemnities. All terms in this Section 5 (Transaction Obligations, Releases and Indemnities) will survive closing, and the benefits and burdens of this Section 5 will run with the land and will bind the Parties' successors and assigns. 5M1 Access to Roads and Utilities. The City's plans for roads contemplated by this Agreement (see Exhibit A) include access points to adjacent properties. The current plans do not reflect a southern leg on the northernmost roundabout near H Street. The City hereby commits to including a southern access leg at that roundabout and this provision will control over the Exhibit A and current ROW plans. The City will review proposed access points on a case -by -case basis as part of a project specific SEPA review process(s) for development of the Properties, will coordinate with LeeLynn, Wiley Mt., and Yakima Resources through final road planning phases, and will consider their comments on final road design. The City agrees that the right-of-way development will provide and allow access to all portions of the Properties adjacent to the ROW Properties, including development pads to the north of the railroad tracks and south of the H Street extension, and will provide utilities, including water and wastewater service connections, to the ROW Properties line. After Closing and prior to construction of the roads, the City will provide OfficeMax, LeeLynn, Wiley Mt., Yakima Resources, and Dunollie with access to and across the ROW Properties as necessary to conduct remedial investigation activities required by Ecology under the Yakima Mill Site Agreed Order, subject to execution of an Access Agreement, substantially in the form of Exhibit I. After Closing and prior to and during construction of the roads, the City will also provide OfficeMax, LeeLynn, Wiley Mt., and Yakima Resources with -5- access across the ROW Properties to reach those portions of the Landfill Property not otherwise accessible from a public road, subject to execution of the Access Agreement, substantially in the form of Exhibit I. In addition, after closing and prior to and during construction of the roads, the City will provide OfficeMax, LeeLynn, Wiley Mt., and Yakima Resources with access to areas in Temporary Construction Easement for development purposes as outlined in the Access Agreement, substantially in the form of Exhibit 1. 52 Potential Name Change to Cascade Mill Parkway. The City agrees to consider renaming Bravo Company Boulevard to Cascade Mill Parkway to reflect the history of the property. 53 Compliance with MTCA. The City accepts, without admission, its liability under MTCA for the historical Municipal Solid Waste ("MSW") landfill located on portions of the Landfill and Plywood Plant Properties, as required by Ecology. [f remedial action is required due to impacts from the MSW landfill, the City will perform remedial activities in compliance with MTCA. The City will coordinate with OfficeMax, LeeLynn, and Wiley Mt., ("Owners") and Yakima Resources during preparation of the FS in evaluating the remedial alternatives to ensure compliance with the Landfill Agreed Order and consistency with future commercial and/or industrial use of the Properties. 5.4 City's Assumption of Responsibility for MSW at Landfill and Plywood Plant Properties. Without admitting liability, the City: 5.4.1 Accepts sole responsibility and liability for MTCA investigation and remediation of MSW and MSW-impacted areas required by Ecology at the Landfill and Plywood Plant Properties, subject to reservation of certain rights against other potentially liable parties that are not parties to this Agreement in Section 5.7 below. 5.4.2 Assumes sole responsibility and liability for addressing MSW and MSW- impacted areas as required by Ecology under MTCA or by any other regulatory agency(ies), subject to reservation of certain rights against other potentially liablepartiesthat are not parties to this Agreement in Section 5.7 below. 5.43 Releases any and all claims, whether known, unknown, present or future, against any and all Sellers for recovery of costs of any kind whatsoever associated with operation of the landfill or presence of MSW. 5.4.4 Indemnifies any and all Sellers against any and all claims for remedial action costs or cleanup obligations required by Ecology or other regulatory agencies and for any natural resource damages associated with operation of the landfill or presence of MSW. 5.4.5 Acknowledges responsibility to OfficeMax under the Agreement between Boise Cascade Corporation and the City dated July 15, 1963, as it relates to its obligation to save and hold Boise Cascade Corporation (now OfficeMax) harmless from any liability whatsoever, arising from, or because of, the City's use of the Landfill Property (the "1963 Agreement") with an intent to satisfy such responsibility through the City's performance of a MTCA cleanup performed to the approval of Ecology and any other applicable regulatory 6 agency(ies), recognizing that if such performance is insufficient to fulfill its responsibility under the 1963 Agreement, the City remains responsible for its obligations under the 1963 Agreement. 55 Citv's Assumption of Responsibility within the ROW Properties. Without admitting liability, the City: 5.5.1 Accepts the ROW Properties "as -is and with all faults," including without limitation all environmental and/or geotechnical faults or conditions, whether known or unknown, and waives any and all objections or claims against the Sellers arising from or relating to the ROW Properties, including without limitation to any claims of contribution arising from or related to known or unknown environmental conditions in, on, under or emanating from the ROW Properties. 5.5.2 Assumes responsibility for any and all applicable regulatory requirements, including without limitation, MTCA cleanup requirements by Ecology, within the ROW Properties, including conditions unrelated to MSW, with the exception of any and all requirements for payment of past costs incurred by any and all Sellers prior to the Closing Date. 5.5.3 Releases any and all claims, whether known or unknown, present or future, against any and all Sellers for recovery of costs of any kind whatsoever incurred within the ROW Properties under MTCA or any other applicable regulatory requirements. 5.5.4 Indemnifies any and all Sellers for any and all costs or regulatory requirements, including without limitation, remedial action costs and cleanup obligations required by Ecology or any other regulatory agency, or any natural resource damages, associated with the presence of any regulated substances within the ROW Properties, with the exception of any and all past costs incurred by any and all Sellers prior to the Closing Date. 5.6 Sellers Will Not Seek Additional Compensation or Assert Claims for Additional Compensation. Sellers acknowledge that this Agreement is a voluntary, arms -length transaction and that all parties had access to and obtained independent legal advice. Except as provided in this Agreement, Sellers will not seek additional compensation or bring claims for additional compensation against the City arising from the Sellers' sale of the ROW Properties. 5.7 Reservation of Certain Rights. The City and the Sellers reserve their rights to seek contribution and cost recovery from other potentially liable parties that are not parties to this Agreement. 5.8 Matters between OfficeMax. Yakima Resources. LeeLvnn. Wiley Mt. and Dunollie. Sellers acknowledge that this agreement does not address matters, including without limitation responsibility(ies), obligation(s) and liability(ies), that may remain exclusively among Sellers, and that any such responsibility(ies), obligation(s) and liability(ies) will be resolved by way of separate written agreement. 6. Representations and Warranties. Sellers warrant and represent that the following are now true and will be true as of the date of Closing: 6.1 Sellers make no representations or warranties with respect to nature quality or condition, including without limitation environmental or geotechnical conditions, in, on or under the ROW Properties. 7 62 Sellers have no knowledge of any condemnation or eminent domain proceedings now pending or anticipated with respect to the ROW Properties except for the threat of condemnation by the Purchaser. 63 To the extent not previously disclosed, there are no known legal actions, suits, or other legal administrative proceedings including, but not limited to, IRS, local, county, State or Federal agencies, pending, threatened against, or which may affect the ROW Properties, and Owners are not aware of any facts which might result in any such actions, suit or other proceedings. 6.4 There are no parties in possession of any portion of the ROW Properties as lessees, tenants -at -sufferance, invitees, or purported purchasers that have not been specifically disclosed in writing by Owners. 65 There are no special assessments due or pending on the Properties to the best of Owners' knowledge. 6.6 OfficeMax, to its actual knowledge and with no independent investigation beyond the review of the title commitment and any files in its possession with respect to the Landfill Property, has performed all of its obligations under service contracts, financing documents, utility agreements and title exception documents to which it is or was a party affecting or applicable to the Landfill ROW Property at the time of Closing except to the extent of its failure to do so as a result of any action or inaction on the part of the Purchaser during or after its use of the Landfill Property. 6.7 LeeLynn, Wiley Mt., and Yakima Resources, to its actual knowledge and with no independent investigation beyond the review of the title commitment and any files in its possession with respect to the Landfill Property, Mill Property, or Plywood Plant Property, have performed all of their obligations under the service contracts, financing documents, utility agreements and title exception documents to which they are or were a party affecting or applicable to the ROW Properties at the time of Closing except to the extent of their failure to do so as a result of any action or inaction on the part of the Purchaser during or after its use of the Landfill Property or ROW Properties. 6.8 To the extent LeeLynn, Wiley Mt., or Yakima Resources have any on -going obligations under service contracts, financing documents, utility agreements and title exception documents affecting or applicable to the ROW Properties, such party will continue to perform its obligations under such service contracts, financing documents, utility agreements and title exception documents affecting or applicable to the ROW Properties. 7. Risk of Loss. OfficeMax shall deliver the Landfill ROW Property to Purchaser at Closing "as -is and with all faults." LeeLynn, Wiley Mt. and Yakima Resources will deliver the ROW Properties in substantially the same condition existing as of the date hereof. Risk of loss or damage to the ROW Properties will be borne by LeeLynn, Wiley Mt. and Yakima Resources until the date of Closing. In the event of loss or damage to any portion of the ROW Properties prior to Closing, Purchaser may terminate this Agreement. Notwithstanding the foregoing, Purchaser may elect to purchase the ROW Properties in the condition existing on the date of Closing, and LeeLynn, Wiley Mt., and Yakima Resources must assign or transfer to Purchaser all insurance -8- proceeds or insurance claims applicable to any loss or damage occurring prior to Closing and provide Purchaser with a credit for the amount of any deductible due thereunder. 8. Closing. 8.1 Time and Place of Closing. Purchaser and Sellers must deposit in escrow with the Title Company all instruments and documents necessary to complete the transaction in accordance with this Agreement. As used herein, "Closing" or "date of Closing" means the date on which all appropriate documents are submitted to Escrow and the proceeds of sale are available for disbursement to Sellers. Transfer of the ROW Properties will be recorded on the date of Closing. 8.2 Closing Costs. At Closing, Purchaser will pay (i) the premium for the standard coverage policy of title insurance and the endorsements required to insure around the Exceptions the Title Company agreed to insure around in accordance with Section 4 above, (ii) the costs of the extended coverage portion of the policy of title insurance and any title insurance endorsements required by Purchaser, (iii) Title Company's escrow and closing fees and charges, and (iv) deed or transfer taxes. Sellers will pay any personal property taxes. All other closing costs will be paid and allocated in accordance with the custom in Yakima County. Each party is responsible for its own legal, accounting, and consultant fees. 83 Prorations. Real property taxes, assessments, surface water management charges, utilities, and other expenses (collectively referred to as "Expenses") of the ROW Properties will be prorated as of the date of Closing. Any revenue or expense amount which cannot be ascertained with certainty as of Closing will be prorated based upon the parties' reasonable estimation, and will be reconciled within 30 days of Closing or as soon thereafter as the precise amounts can be ascertained. Either party owing the other party money based upon the final reconciliation must promptly pay it to the other party, which amount will bear interest at the rate of 12% per annum from the date 10 days after written demand for such payment is made by the party entitled to such payment. To the extent any such Expenses are the responsibility of Sellers, such Expenses must be paid in full by LeeLynn, Wiley Mt., and Yakima Resources, and OfficeMax will have no obligation to pay the City in the event LeeLynn, Wiley Mt., or Yakima Resources fail to pay the Cityfor such Expenses. 9. Deliveries at Closing. 9.1 Sellers' Delivery. At Closing, Sellers must deliver the following as provided by the Title Company: 9.1.1 Statutory Warranty Deeds conveying fee title to Sellers' respective ROW Properties to Purchaser, while reserving to Sellers all water rights appurtenant to the ROW Properties, subject to no encumbrances, claims, and defects other than the Exceptions deemed approved by Purchaser pursuant to Section 4.3 above. 9.1.2 Yakima Resources' release of its interest under the Lease in the Landfill ROW Property, and consent to OfficeMax's grant to the City of the utility and temporary construction easements on the Landfill Property, all as described in ExhibitB. 9 9.13 Utility easements, substantially in the form of Exhibit G, for Sellers' respective properties. 9.1.4 Temporary construction easements, substantially in the form of Exhibit H, for Sellers' respective properties. 9.1.5 Reciprocal Access Agreement to allow OfficeMax, LeeLynn, Wiley Mt., Yakima Resources and Dunollie access to and across the Properties as necessary for them to conduct remedial investigation activities required by Ecology under respective Agreed Orders, substantially in the form of Exhibit 1. 9.1.6 Access agreement to allow OfficeMax, LeeLynn, Wiley Mt., and Yakima Resources with access across the ROW Properties in order to reach those portions of the Landfill Property not otherwise accessible from a public road, substantially in the form of Exhibit I . 9.1.7 Access Agreement to allow OfficeMax, LeeLynn, Wiley Mt., and Yakima Resources to gain access to locations within TCE areas prior to TCE termination or expiration, the City wishes to provide access on a case -by -case basis, upon written notification from requesting party, consultation with the City's consultants and contractors, and written confirmation of time, place, and activities to be conducted within the TCE areas, substantially in the form of Exhibit I. 9.1.8 Foreign Investment in Real Property Tax Act ("FIRPTA") Affidavit. 9.1.9 Evidence that Sellers provided written notice to Ecology of their intent to convey the ROW Properties at least thirty (30) days prior to Closing, and that Sellers provided a copy of the Yakima Mill Site Agreed Order to Purchaser prior to Closing, all as required by paragraph VIII.M of the Yakima Mill Site Agreed Order. 92 Purchaser's Delivery. At Closing, Purchaser must deliver theSollowing as provided by the Title Company: 9.2.1 Cash in the amount of the Purchase Price (subject to adjustments and prorations as set forth herein). 9.2.2 Executed copies of the utility easements, temporary construction easements, and access agreements, substantially in the form of Exhibits G, H, I and J, respectively, accepting their terms and conditions. 10. Possession. Purchaser is entitled to possession of the ROW Properties at the time of Closing. 11. Governing Law. This Agreement will be construed according to the laws of Washington State. - 10 - 12. Notices. All notices required or permitted to be given hereunder must be in writing and must be personally delivered via process service or courier delivery or sent by U.S. certified mail, return receipt requested, addressed as set forth below: PURCHASER: For City of Yakima Jeff Cutter City of Yakima Legal Department 200 South Third Street 2nd FI Yakima, WA 98901 with copy to: Andy King PKG Law, P.S. 2701 First Avenue, Suite 410 Seattle, WA 98121 SELLERS: For OfficeMax: Office of the General Counsel OfficeMax Incorporated 6600 North Military Trail, C483 Boca Raton, FL 33496 with copy to: Noelle E. Wooten Nelson Mullins Riley & Scarborough LLP One Wells Fargo Center, 23rd Floor 301 South College Street Charlotte, NC 28202 For LeeLynn, Wiley Mt., Yakima resources, Frontier and Dunollie: James C. Carmody Meyer Fluegge & Tenney 230 South 2nd Street Yakima, WA 98907 With a copy to: Matthew D. Wells Tupper Mack Wells PLLC 2025 First Avenue, Suite 1 100 Seattle, WA 98121 -11- DocuSign Envelope ID. 23EBFF8F-2AED-4F64-B242-68D6124FF243 Parties may by proper notice designate such other address for giving of notices. All notices will be deemed given on the day such notice is personally served or on the third business day following the date such notice is sent by U.S. certified mail, return receipt requested, in accordance with this section. 13. Integration. This Agreement fully integrates the understanding of the parties as it relates the purchase by the City and sale by the Sellers of the ROW Properties and associated utility and temporary construction easements. It supersedes and cancels all prior negotiations, correspondence, and communications between the parties as it relates the purchase by the City and sale by the Sellers of the ROW Properties. This Agreement may only be modified or amended by written agreement signed by all parties to this Agreement. 14. Other Documents. Each party will undertake to execute such additional and other documents as may be required to fully implement the intent of this Agreement. 15. Counterparts. This Agreement may be executed in several counterparts, which will be treated as originals for all purposes, and all counterparts so executed will constitute one agreement, binding on all the parties hereto, notwithstanding that all the parties are not signatory to the original or to the same counterpart. Any such counterpart will be admissible into evidence as an original hereof against the person who executed it. 16. Open Public Meeting Approval. The City's execution of this Agreement requires approval by the Yakima City Council in an open public meeting. A copy of the Resolution approving the City's execution of this Agreement is attached as Exhibit J. DATED as of the day and year first above written. PURCHASER: City of Yakima J;::/tM:, 17, emu) By: DATE SELLERS: 5/29/2020 n- ri anager CITY CONTRACT NOS2/� / 2 6- 0 1 Cj 7 RESOLUTION NOg- arDgO- OfficeMax Incorporated, formerly known as Boise Cascade Corporation By: DATE Its: By: DATE Its: Vice ` SaPtt*4 5Treasu re r 5/29/2020 r—DDo�c��uSigned by' CAL 1/1, "— F,C 2a G24 7 vice Preslaent r—DocuSigned by: -12- DS Prie OD/OMX Legal Reviewed 'AO 26 DAT 5/7 DA It DAT 7 /2076 DATE 7 Yakima Resources LeeLynn, Inc., By: Us:lece'f_iithe,k1-- Wiley Mt., Inc. By: Frontier Res By: 11;4-ae' Dunollie_ nterprises, By. eAry\l‘aer. - 13 - EXHIBIT A RIGHT-OF-WAY ("ROW") DEVELOPMENT PLANS Proposed _ Bravo Company Blvd LEGEND EXISTING FEATURES AME O. UNE SAOYART ..m MM. AMR TROCATON LOAM POE OrnIRL MIT OM MRANT NM YAM yeATTP SWAM av¢MET LOTT VIAIP PETER ea PROPOSED NEW FEATURES MUM OM NO OLTHOT SOMA OR ROTA UNE MIDITTZTARTO City of Yakima Bravo Company Blvd Right of Way Plans HLA Project No. 11062 November 2016 Sheet Index Sheet 1 Cover ! Vicinity Map Sheet 2 Overall Sheets 3 - 14 Detailed Right of Way Plans �QHLA 2803 diva RR.R Y.0d ., WA98902 109.966.7000 Fax 509.9653800 WuwLlecivilsam VPOATED RAT PER LOCHNER LAYOUT UPDATED R/W PER LOCHNER LAYOUT FNAL UPDATES MT ANTD) -1-1a 11-3-16 OODr OMER I o 1 -fie MD NAMES ORANING Snw660002To PIAN. 062d. CITY OF YAKIMA BRAVO COMPANY BOULEVARD FEVISTON RATE DENOTED TM MA ENTERED DT. RIGHT OF WAY PLANS ;T co- 14 l 1/ , SEC. 18, PIA II ( 191318-21003 ) 191318-24001 NBZ cP • DENOTES SURVEY MONUMENT FOUND ti NE 1d,ZZC.YS, ( 191318-12001 ) \ y If cW�o, �µEFN l� NPYl 1 LPax Ns� � N • e \ ye \ m \ N ( 191318-42001) INTERSECTION OF THE i CENTER UNE OF "D- STREET AND THE EAST UNE OF BLOCK 186 OF' —'- -THE COLLEGE ADDITION— TO NORTH YAKIMA. SEW!, St-IC,18, .81.10tr.,WAX. '- FAIR AVE. wtkr .S El 2803 River Rend Yakima, WA93902 509.965.7000 Fa 509.965.3800 wrxhLxivil,com UPDATED RAW PER LDCNNER LAYOUT UPDATED R/W PER LDCr4NfR LAvCUI flNA 01L0ATLS 040/PH4 11-1-16 11-3-16 Jlm NUMBER 'DATE" 11062 10-2.. ALA EYE NANCS C: SheetAPOW Rag CITY OF YAKIMA BRAVO COMPANY BOULEVARD DATE DESDNED 0Y ENTCAEO 0v RIGHT OF WAY PLANS 2 or 14 LINE BEARING LENGTH LI S 183021" E 40.00 L2 N 712916" E 9.91 L3 N 182916" W 27.00 L4 S 771646" W 6.61 L5 N 777646" E 19.32 L6 N 8778'06" E 4.23 L7 S 877806* W 24.31 414 ( '_Ii-44r4 N a3'5_816 .................. ............ .99 2 [CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH ' C1 793241' 91.50 127.03 N 624654" W 147.07 C2 907538' 51.50 81.28 N 321357" E 73.10 C5 825738' 106.50 154.20 S 510305" E 141.08 C6 1107840" 26.50 51.10 S 321347' W 43.54 04.0.8. 08-67 s-111 81,0.82. VAGGIMC R.0.0. £6-68 EXIST. 120' R/W / 'ei8+5ROT / INTERSECTION OF THE CENTER UNE OF "D" STREET AND THE EAST UNE OF BLOCK 166 OF THE COLLEGE ADDITION TO NORTH YAKIMA. BOISE CASCADE CORP (191318-41001 ) PROPOSED 50' TEMPORARY R.O.G. W009097 400.61. 7000860 R.O.S. 7762368 PROPOSED ,____2.-• ----:, / 10' PUBUC ' /--------$ „..'7 , i., .„,„, UTILITY ESMT. /C „--1-',.:.---7,-F,,,..- / . - —_—_---- -- 6 50' — . - ... ",/ ,, C"...7",.T.27.,0‘0,:•-3L'37,............ - \- cc'''. -/,,, CONSTRUCTION ... ..f...,...-.",:,--1.,......=i. .. Gf.,.,..:::,±'I ,.. ,-_.,,,,-. ' :?>1.-':2; ---"7; •- 1.4 / ,,,::,,,,....; -',,,, .,..,..--,:_ ,,%::::,',;4 .„,::-:- 'I; .:::::::.'' ;-- ,,C,;-• „--11---32,-;.5 .,,- - _„..:- ,.-?..-..=,---------_,-- ---,-,,,----,---„----,:";--_-_ ----------- -----.-:%:-,>,. .. :::::, 4.,- ..--- ,-----,--2 -,.--/ , '-( S 230033 113' R/W -- —56.50' .- '.-"..,,,.-71„---",',...",z ';...°' •,"1". ' ._ ::/ -- ' PROPOSED-3 , .-,/1---'-,I,i---,/i<-2--,,),------------- , ,, ,- - ---- ---1/,/ -- ---- ____--- ----- --/ ....... PROPOSED 50' TEMPORARY ....... / CONSTRUCTION ESMT. BOISE CASCADE ---,--...-z-- --i SEE SHEET 9 FOR CONTINUATION CORP (191318-41001 ) OPOSED PR 50' R/W nEe„ 12, 7.10M, ti475_=° PARCEL NO. 191318-41001 OWNERSHIP BOISE CASCADE CORP. EXISTING AREA 1,640,470± SF` AREA TO BE ACQUIRED 371,746± SF REMAINING AREA U111. EASEMENT AREA 1,268,724± SF 55,858i SF • AREA PER YAKIMA couNrr ASSESSOR'S OFFICE CONST. EASEMENT AREA 1 78.605± SF NOTES • HLA • Engineering and Land Surveying, Inc. 2803 Rive Rovd Yakima, WA 50902 10140 Fax794618.5.3880 www.liwieleve 0140ATE0.0.01 PER LOGINER_JAYOUT UPDPIC0 R/W PER LBAY,01E0 YAM, FINAL UPDATES (.10/PP0) 11-14-16 PEE NAPES: DRAW!4, SM1yetePOYEdwp LAB 11062E0g CITY OF YAKIMA BRAVO COMPANY BOULEVARD R0.490.4 BESIGYBO 0, ENTERLO BY. TOP RIGHT OF WAY PLANS 3 14 CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C3 181657" 688.50 219.69 5 03'50'24" E 218.76 C4 19'56'29" 575.50 200.30 S 0023'58" W 199.29 { C7 2314'00' 888.50 279.19 S 16'55'04" W 277.28 C8 29'30'37" 151.50 78.03 N 13'46'46" E 77.17 C9 1513'57" 575.50 156.35 S 18'0911" W 155.87 { C10 35'03'38" 151.50 92.71 N 18'30'21" W 91.27 C11 1752'12" 151.50 47.25 N 44'5817" W 47.06 C32 1650'51" 245.50 72.19 N 4626'53' W 71.93 C33 20'46'14" 76.50 27.73 S 4824'35" E 27.58 I C34 6334'23" 26.50 29.40 N 8925'06" E 27.92 f C35 2630'03" 76.50 35.38 N 4422'53" E 35.07 C36 10129'30" 71.50 126.65 S 2212'40" E 110.73 : C40 82'09'17" 71.50 102.52 S 69'36'43- W 93.96 I C41 235'55- 575.50 26.10 S 2714'07" W 26.10 PROP SE „.."/ 113' R/W / /f- J / / j/ by UNE BEARING LENGTH l8 N 28'32'05" E 23.36 L17 N 28'32'05" E 6.29 L21 N 28'32'05' E 43.40 // LEELYNN INC & WILEY MT INC SIf; 1,,., NJIlE'.•G., i1Y 11.ti.fi3?tv.; i:,,TT'g°",I %,H. SEE SNEET 7 t / i ir 7.._1. PROPOSED / 47// /7'' 10• PUBLIC _ ( / / PROPOSED 50' UTILITY ESMT. / / TEMPORARY _ _ _- ;_ % // CONSTRUCTION _ 77 --i '_{% - �/- '// / �/ ``'-- ESMT. 1 j /-r !/PRROP D / / / / { / / 4/�i I / / / '113' R W / / / r / / j/ i1 /J//, 'few.,. / 56.50' / „//, / 7 / // PROPOSED 50' TEMPORARY CONSTRUCTION ESMT. ( 191318-42001 ) N.O.Z. 065900. 77 / / PROPOSED ' 10' PUBLIC UTILITY ESMT. MCA aA 9oa7' BOISE CASCADE 8.o.s 06®ORG2 CORP R.00 Y067i5C6 ( 191318-41001 ) �• R COAITINUAno, AT PARCEL N0. 191318-41001 191318-42001 OWNERSHIP BOISE CASCADE CORP. LEELYNN INC & WILEY MT INC EXISTING AREA 517,493*' AREA TO BE ACQUIRED 47,590± SF REMAINING AREA 469,9033 SF UT1L EASEMENT AREA • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE 8,9404 SF CONST. EASEMENT AREA 43,664± SF NOTES SEE SHEET 3 ®I, I, Engineering dLA9� 2833 Rim Rwd Yakima, WA 98902 309.966 TOW Pax 529.9613800 wuwNai loom uPD• IE4 EAR LQCNNER LAYQ11 UPD•1E0 0/5 PER LOCNNEN NYPIi OPAL Yr10A1E5 (P 1/PIlal 16 J09 ORR M uN4 OA8E. 10-ae-IB E^ e, aDWew9 61 ew9 CITY OF YAKIMA BRAVO COMPANY BOULEVARD DES144ED Br. P1 (MIRED OY. RIGHT OF WAY PLANS CZ 14 POINT A" / / LEELYNN INC & WILEY MT INC 191318-24001 1 I jT— ,I 1139.'S1 I 1 _ 1 _,\-- ^1 47.46 ....-��H ST . L,Cs, � 1'W 410. , 812C.• ;aJ 7, SIN , I;i,`�z��{. WA -AI, LEELYNN INC & WILEY MT INC / PROPOSED —10' PUBLIC UTILITY ESMT \t'�i= �.i` '=�i _. `-1 I` 1 I t , ''t I , -„ vARIES�„ , 1 , , II l i , I{ 1 SEE DETAIL I ! 11 II i , 1 1 i__ i _�I I I i 't_ I =am I PROPOSED 50' PROPOSED 1 n ( '-- --- __ _-_ -,_' -\ CONSTRUCTION 10' PUBLIC --\ \T TEMPORARY : UTILITY ESMT 8/W RnY LEELYNN INC & ``-.____ 1 I \ WILEY MT INC ( 191318-31539 ( 191318-21003 9I.0.8. 0 55908 PROPOSED 50'—54.50' TEMPORARY —PROPOSED CONSTRUCTION ESMT. 109' R , j_7- ci- I II\—I--i-' --!;I--t---i_..1--�II I.II 1f II 11 1I,�I I�' it I . II , II Ii I I '' I' I I • y I � _ I '1 \1 ii I ; ', \ ,Cj \'L Y`y \S,67'37"44' W,'..,%�1-. \_-i Li\ `ri '�\-\ '„I I11 II 1''I '-I„1 I•! 1„ 1„ Il 1\ II �, < III �` I � I1 ,II 1 !I II ` � ,I S �Il ;I 1' •4 I LEELYNN INC & WILEY MT INC ( 191318-21003 ) a PARCEL NO. 191318-24001 191318-31539 191318-21003 OWNERSHIP LEELYNN INC & WALEY MT INC LEELYNN INC & YALEY MT INC LEELYNN INC & WILEY MT INC CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C27 6'20'27" 650.00 71.93 S 64'27'31' W 71.90 C28 9'45'29" 449.46 76.55 N 6610'02" E 76.46 C29 17111'19" 386.50 108.88 N 63'02'30" E 108.48 C30 13'05'54" 1100.00 251.47 S 6113447' W 250.92 C46 0'30'24' 449.50 3.97 N 7117'57" E 3.97 EXISTING AREA 50,529i' 165,528* 3,288,780i• LINE BEARING LENGTH L15 N 54'31'50" E 28.87 L16 N 00V8'31' W 6.72 L27 S 71'33'09" W 19.66 L28 N 18'28'14" W 7.82 L29 N 89'4915" E 24.89 AREA TO 8E ACQUIRED 4,177± SF 93± SF 77,799i SF REMAINING AREA 46,352i 5F 165,435i 5F 3,210,9841 SF UHL. EASEMENT AREA • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE 00 !- t` DETAIL - N.T.S. 1,475i SF 376* SF 14,5671 SF CONST. EASEMENT AREA 7,373* SF 4,195i SF 70,201* SF NOTES 3803 Rood Yelims, WA 98902 509.966.7000 Fax 509.965.3800 www.Mxrvll.com UPDATI,D Rh./ PER 40CHNER LAYOU UPDATED 4/w PER LOCHNER LAYOUT RNA1 UPDa1E5 (PHI/PIg) II-)-I6 J� n�nDERloArt: I z o-zo-,e RE NAPES DRA NG. SneeaOre t 562U•9 CITY OF YAKIMA BRAVO COMPANY BOULEVARD REASION DATE DEELONEO BY. N TERED OY, AJ RIGHT OF WAY PLANS 95 or 14 5 YNI :d;rNICE 4d SECT, `f-3; LEELYNN INC & WILEY MT INC ( 191318-12001 PROPOSED 50' TEMPORARY CONSTRUCTION ESMT. • C, T4 5, "SOUTHEAST ET 5 CORNER OF PARCEL "0" 2.0.0. 755/2366 PROPOSED -117.5' R/W., rl 10' PUBLIC UTILITY ESMT. SOUTHWEST CORNER OF -PARCEL "C" 52.50' PROPOSED 10' PUBLIC UTILITY ESMT. PROPOSED _- 56.50' t rl i�- r 110.447 % -t r. r /. ,../.,./ r. ' j „ .t.,,,:.7. 'if, It, jt / l 711 t zT ? ,t jTi17- ,,,iN 38'4548 PROPOSED 50' TEMPORARY CONSTRUCTION ESMT. LEELYNN INC & WILEY MT INC ( 191318-12001) i Wt-i.i UNE BEARING LENGTH L10 N 3649'53" E 4.00 L11 S 0525'43" W 10.15 L12 N 30'58'16" E 4.50 L13 N 20'01'37' W 3.11 L14 5 68'48'03" W 22.11 L28 N 1909'10' W 3.84 CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C15 1924'19" 542.50 183.74 N 4827'57" W 182.86 C16 10'24.40" 538.50 97.85 N 6322'27' W 97.72 C17 10130'25' 50.00 8.73 N 73'34'59' W 8.72 C18 3820'54" 97.00 64.92 5 8214'21" W 63.72 C19 7222'34" 107.50 135.79 S 80'44'49' E 126.94 C20 6020'25" 74.50 78.89 N 7453'44" W 75.26 C21 1811'00" 182.50 57.92 S 8377'34' W 57.68 C22 87'07'21' 66.50 101.12 N 48'59'23" E 91.65 C23 72'38'04' 90.00 114.09 5 30'53'19" E 108.61 C24 35714" 200.00 13.80 S 89'10'58" E 13.80 C25 1207'51" 656.00 138.89 N 65'05'40" W 138.63 C28 20'15'56" 651.50 230.44 N 48'53'48" W 229.24 C45 313'06" 649.50 38.48 5 6914'17' W 36.48 PARCEL N0. 191318-21003 191318-12001 OWNERSHIP LEELYNN INC & WILEY MT INC LEELYNN INC At WILEY MT INC EXISTING AREA 2,445,02314 SF AREA TO BE ACQUIRED 203,121* SF REMAINING AREA 2,241,002* SF • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE MIL. EASEMENT AREA 17,001* SF CONST. EASEMENT AREA 92,404* SF NOTES SEE SHEET 5 HLA E0w900086 and Wld Surveying, IOC 2803 River Road Yaw; WA 58902 932366.7000 Fax 309.9633800 wW66641 1.6= UPOA20 PM PER LCCNNEP LAYW1 UPDATED (VW PER 4001YER 0AYW1 fin. UPDATES (PNI/PH2) it-l-16 11-14-36 i aez a-u-ie F. NAMES PAMNG SnettsPUW 9.4 PUN1.2.6tg CITY OF YAKIMA BRAVO COMPANY BOULEVARD DAN DEE.GNED BY: TO RIGHT OF WAY PLANS SKr t 6 14 CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH I C8 29'30'37' 151.50 78.03 N 13'46'46" E 77.17 C33 20'4614" 76.50 27.73 5 4814'35' E 27.58 I C10 35'03'38" 151.50 92.71 N 18'30'21" W 91.27 C34 83'34'23" 26.50 29.40 N 8925'06' E 27.92 I C11 17"52'12' 151.50 47.25 N 44'58'17' W 47.06 C35 26'30'03" 78.50 35.38 N 4422'53" E 35.07 IC12 4'30'32" 790.00 6217 5 5119'07" E 82.15 C38 101'29'30" 71.50 128.65 S 2212'40' E 110.73 C13 10'38'03' 786.00 145.88 5 44'04'49' E 145.67 C40 82'09'17' 71.50 10252 5 69136'43' W 93.98 I C14 2.40'29" 677.00 31.60 S 4012'48' E 31.60 C41 2'35'55" 575.50 26.10 S 2714'07' W 26.10 C31 1319'16' 677.00 157.40 5 4812'41" E 157.05 C44 1'49'03' 677.00 21.47 5 39'47'05" E 21.47 1032 16'50'51" 245.50 72.19 N 4626'53" W 71.93 LEELYNN INC & WILEY MT INC ( 191318-12001 95 60' R/W 3 C.C. 22213013 / SE SHEE1 14 FOR CONDNUATION `SEC:DEFAI S 8'i5'4e'- 163.991 It ---_-PROPOSED 109' R/W - '•-",163.99 -l.-N 38.45 413 52.50.._ _ _. O------_ _________________ PROPOSED 50' 3.C.0. 5."1Y3'.a TEMPORARY ! OQ ¢ w 50' R/W I.G.G. a5;agE.Ga CONSTRUCTION ! � a '� ESMT. �2 gz w! m2 g/ POINT "G_ BOISE CASCADE _ CORP 'S ( 191318-41001 ) -- LEELYNN INC & WILEY MT INC ( 191318-42001 v.ry 9 `4` 5.- `r! ,' =C 1M3, u'. Jr3`1`' , E3.:N lI 'VY7,.IFY!"i oa CP1 LINE BEARING LENGTH L8 N 28'32'05" E 23.36 L9 5 40'36'09' W 4.00 L17 N 28'32'05" E 6.29 L21 N 213'32'05" E 43.40 L23 N 1830'21" W 20.00 L24 S 71'33'58" W 11.69 L25 N 71'33'56" E 3.90 7i7 1P. a' sr 9 9, PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA U1IL. EASEMENT AREA CONST. EASEMENT AREA NOTES 191318-12001 LEELYNN INC & WILEY MT INC SEE SHEET 6 191318-41001 LEELYNN INC & WILEY MT INC SEE SHEET 3 191318-42001 LEELYNN INC & WILEY MT INC SEE SHEET 4 BNSF RAILWAY 10,045:E SF•v 13,138i SF • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE •• INCLUDES ROADWAY AND UTILITY EASEMENT BOISE CASCADE CORP (191318-41001 DETAIL - N.T.S. ZolROSCD PAM cop C14 701308`4j00j C31 HLA Engineering and Land SurvfiTing, Inc 2803 River Road YOMm4, WA NMI :099652000 Fax 509.9413800 wwhhcivil,mm UPOAIED RM PER LDu,NER 4Av0u1 1 11-1-16 UPDATE0 RM PER LOCNNER UVWT nuµ UPDATES (PN1/M2) -3-16 11-14-16 JDD NUuOER: O1£: 9-10 ME NAMES: DPAYANG. 9.ev1sROIV e.q PUN110624Nq CITY OF YAKIMA BRAVO COMPANY BOULEVARD FENS. DATE E0 Br [NTRED B1.AAA RIGHT OF WAY PLANS 7 14 CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C37 27'53'23" 544.50 265.05 S 8654'07" E 262.44 C38 1455'11" 100.00 26.04 N 71'41'38" E 25.97 C39 30'5317" 655.50 353.38 S 84'4517" E 349.12 LINE BEARING LENGTH I L18 5 1555'22" E 35.52 09 S 6414'01" W 25.42 1120 5 17'38'11" E 75.00 BOISE CASCADE CORP ( 191318-41001 ) 55.5 \ PROPOSED 111' RAW R O.ei. 2.09094Q R.O.S>. 51100002 1s1fs i�4s, ; ; 9 it j'[ „ G';.5( [s'. W\V„rtiY{j. BOISE CASCADE CORP ( 191318-41001 PROPOSED 50' 81.0.8 5505098 TEMPORARY CONSTRUCTION ESMT. PROPOSED 10' PUBLIC UTILITY ESMT. 111 t1 , PROPOSED 10' PUBUC UTILITY ESMT. SEE SHEET 12 FOR CONTINUATION //r Y/ ////+"/// // . • 9! //, / / / /27/ ' /eR//, .9 zt-'//y�/ f/ 'r // /. ,I (/// // ,'///z. 180' R/W SEE SHEET 13 FOR CONTINUATION PARCEL N0. 191318-41001 OWNERSHIP LEELYNN INC & WALEY MT INC EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA U11L EASEMENT AREA CONST. EASEMENT AREA NOTES SEE SHEET 3 • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE INTERSTATE 82 160' R/W N I ILA `AY Engineering and Land Surveying Inc. 2803 Riles Road Yativq WA 98902 509.966.7000 Fax 509.9653800 rew3084804a18 UPDATED RAN PER LOCHNER 121EUT II-t-I6 100 OER:I Doff OP0A1E0 RJW PER 1.001553 l00OUT 11-J-I6 1 -39-ie TN, UPUAIES fi11/P1+3) II-.4-16 FAL NANES. TAr . 11.0630•a CITY OF YAKIMA BRAVO COMPANY BOULEVARD DATE 13. iWEDDOv. TOD RIGHT OF WAY PLANS 14 PROPOSED 50' TEMPORARY CONS rRuCDON ESMT. 41 4?, alEC. i2o , a u$3 g BOISE CASCADE CORP SEE SHEET 13 FOR CONTINUATION ( 191318-41001 ) ,/ /1 P.O.E. Y'9T53OG0 R.0.0. 0Ma50G5 5.o.a. 755005y PROPOSED 30' UTILITY EASEMENT N 7§91_4 .L, ;2.0.0. 50G0 TV, SO -IT 8T.0.0. r I r PARCEL N0. OWNERSHIP 005115G AREA AREA TO BE ACQUIRED REMAINING AREA UTIL EASEMENT AREA CONST. EASEMENT AREA NOTES 191318-41001 8015E CASCADE CORP. SEE SHEET 3 AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE i10 vi 3 -0* INTERSTATE 82 4044 HLA 2E03 River Rood Yakima, WA 98902 S09.466.7000 Far N 9.9653E00 mmldmivOrme UPOARO R/W PER LOCINER LAYOOT -1-16 UPoAIFL R,'W PER EG6HNEft VOW 11-8-16 nNµ,1v0A1E5 EP111/Pr12j 111P-1 J(A �1009jA-2 O; -16 WNG E:oe'l ROW Mg vLw aB2.6wq CITY OF YAKIMA BRAVO COMPANY BOULEVARD WEN,. OPIE ENiEREO BV. RIGHT OF WAY PLANS sorTr 9 or 14 L(' 43, ^7i .. `;�1,°a:r �r. �i �,l�, UY]„ J.wli.�r-''„Y WA, INTERSTATE 82 W.S.D.O.r. R/W LEELYNN INC & WILEY MT INC ( 191318-12001 ) PARCEL NO. 191318-12001 OYMERSHIP LEELYNN INC & WILEY MT INC EXISTING AREA AREA TO BE ACOUIREO REMAINING AREA UTIL. EASEMENT AREA CONST. EASEMENT AREA NOTES SEE SHEET 6 • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE �4�'Hd Land SLrvL}ing Inc 2E0 Rites Road Uri., WA 98902 509.9663000 Fin 309.9453800 mtw.hlacmlcom UP3A MD RAY PER LOCN.NER LAYOUT _y0O ALED R/N PER LOCHNER LII090 ANAL UPDATES (PHI/PR21._ -3-16 '�t�08t ER I�0?]8-IB elLE NAMES LAN •t1082Awg CITY OF YAKIMA BRAVO COMPANY BOULEVARD DAV DES/GNEO SY. ENTERED) EY. AI RIGHT OF WAY PLANS SKET 10 14 +ad" 'Jo4, YAM., INTERSTATE 82 wsoot Riw \ \ I \ '1 \ \ 'k \ ', \ ., \ 17 \-1: \ \ k \ 1 1, \ -, ', \ 7, 71 ! ' \ 1 .: 7. rt ; — ,! !'t!,!!!!;111!!!!!!!!t!!!!11'1"t\ — ',I itj'olg6t.ttIIIII'I''' I ItI!Itl'ii4'1I1ItttIII!\IIItt!tt\tt 1 I I 1 1 t t ! ! I ! i t ! I, ! t ! ! FT N 40'45 09 W 1 ! ! !, ! I ! ! I I i I 19?4•DI4As. Iv ' ! t It ' t I, ' t t I t I I! ! ! ! \ t 1 i 1 , . 111, 1!1!t ,!!I\:\ N 23.49., Pe 1 LEELYNN INC & WILEY MT INC ( 191318-12001 ) PARCEL NO. 191318-12001 OWNERSHIP LEELYNN INC & MALEY MT INC EXISTING AREA AREA TO BE ACQUIRED REMMNING AREA U11L. EASEMENT AREA CONST. EASEMENT AREA • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE NOTES SEE SHEET 6 91 > fILA Engineering and landSuming,Int ylt?—)RrAtt 309.966.7000 Fax 509.965.3800 www.ManvIl PERLOGN0,E; 1:1•041; 8000100 9/0 nR L,,, (PM 'Pri2) 11-1-16 11-0-16 ", 112, IRE BABES =BO: EheBrAtt,tyj CITY OF YAKIMA BRAVO COMPANY BOULEVARD 0 TE DESKNED ENTERED 0, 17, RIGHT OF WAY PLANS N 15'50'01" \\\ \``,`—\\\\\\'6`\\\\ 1 \,\ \, \ N 7 LEELYNN INC & WILEY MT INC ( 191318-12001 '1 I, TALON, c N, CisieE , '\V1 I INTERSTATE 82 LINE BEARING LENGTH L18 S 15'55'22" E 35.52 L19 5 6414'01" W 25.42 L22 N 07'26'50" W 20.37 L30 S 17'35.47" E 35.00 L31 S 0726'50" E 35.65 W.S.O.O.T. R/W PROPOSED 20. RIGHT OF WAY FOR PATHWAY 35' R/W SEE SHEET 14 FOR CONTINUATION 50 224,8 BOISE CASCADE- % CORP ( 191318-41001 ) / PARCEL N0. 191318-12001 191316-41001 OWNERSHIP LEELYNN INC & WILEY MT INC BOISE CASCADE CORP. E1050NG AREA AREA TO BE ACQUIRED REMAINING AREA UTIL EASEMENT AREA CONST. EASEMENT AREA BNSF RAILWAY NOTES SEE SHEET 6 SEE SHEET 3 SEE SHEET 7 AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE CS `>70S` LA ineering and Land Surveying, Inc. 2803 River Reed 'Nth.. WA98902 509.966.7000 Fax509.96S1800 wYw.Nxivil can UPoA1Ep R M PER 490108R LAvOUT 11-1-16 48061E0 Rh, PER 1p[H`I[R IAY001 11-5--16 F .6l UPDATES (PN1/6110 11-14_t JOB Numeur.. 11062 £ -10 NAYES 6 Pl_,A 6Naat6A 4.9 PWi 11062.d.4 CITY OF YAKIMA BRAVO COMPANY BOULEVARD REvISICIN DAIT DEV.E0 RY. ENTERED Dr. 4 RIGHT OF WAY PLANS 12 14 CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C42 135106" 2340.13 565.74 S 242458" E 564.36 C43 13256" 7536.52 203.74 S 1619'05. E 203.74 sr: lei, itI3k7C. 2 INTERSTATE 82 W.S.DO.T. R/W \___ • , ,,, ‘.-,,‘ , , \ ,,, \ ,s7 ,--,.-„;\ \\, \\c.c.. \\ \\7.,,,, ' -\-\\ , .„ \\\\., \:\ s\ii'‘ ' \\li. \\*\\\N‘ \,\\‘‘s,\'‘‘,\0,11s‘\orV'lE\\\''\' '\\' \\\• \ '\\''''\ \ \ ' ‘\ \\ ''X'' -' W'''' \ \ ', \ \\ \\\‘‘ \\ ,‘ \\ ' ,..\‘‘ \\''' \‘• •\ \ ` \ \'‘.‘N‘.s:\Ss. \,`,0‘1, ,,, \ \C`i \ \\\:\ \\N\ ., •s\;‘,:\ \\,\.,:\ \\‘‘ \\\\.\\.\\ \ \ \ \ \ ',,\ \ \ ,, \ L , \\ ,.,., \,,,,,‘,\\\\\\\:, \ '.. , • 4 :.•,,,`,,s,\‘'‘‘.,, \ \ \\\ \\,,,:i‘i\:\ \\,\\‘‘, \ \\\‘‘,\:,‘,,\ \ \\.\\,. \,' \ \ss, \\,‘ \ s„,\X:\ „\\s: \'' \\ ::\\\ , \N\ , \ . ' \Ss: \ ,2„.\\,:\:,\\\ I ,„\\ \;,,I,•:,,:s..,\,,,\\,, ,:\., ‘,,,:\\\\:\\2, \\‘‘‘\`‘\:::,\\:.,. \\,,,,,\ ., \\.,\ • ,. , \ \ \\ ' \''' 'It:s.\)\ :N \ 1-- --__:::- \<I\'` ' '-- --- s...\ SEE SHEET 8 FOR CONTINUATION BOISE CASCADE CORP ( 191318-41001 ) PARCEL NO. OWNERSHIP 6515060 AREA AREA TO BE ACQUIRED REMAINING AREA USL. EASEMENT AREA CONST, EASEMENT AREA NOTES 191318-41001 DOISE CASCADE CORP. SEE SHEET 3 • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE %HLA Engineering and Land Surveying Inc. ISO River Road Yakima, WA 96902 509.946 70G0 Fax 589.0653950 vn•ve hlacivil conk UPOAIZO 5 w P60 L095NER _max, P V140Z0 LAYSOT MAT DROMDS (PI1IAYB3) 11-/-18 B-14-16 JOB NTRECER-IDA11. BM 10,0,6 MC NAMES DRAWRIG. DAyelePOOYA, 11062d, CITY OF YAKIMA BRAVO COMPANY BOULEVARD REVISION DESRITIED ENTERED BY RIGHT OF WAY PLANS et MIS; -ijm, cl= ©, 3, .1 N.,, R.-dg e W. I � — 1l\` LINE BEARING LENGTH ,j1 _\_` ' \ L22 N 07`26'50' W 20.37 ^;� -- s 1' �, \'` L23 N 18'30'21' W 20.00 / :::'-:,...- 1' `'I `. '�, l 1 6e R/W I v,--• \ :_., V 1 4 1 \`\ j`,/ 35' R/W J/ w !tj ��'•\ ), 11 , \4 1`' \` I1 '', `\ 1 `' / (MOKEE BRANCH NORTHERN BNSF RAILROAD PACIFIC RAILWAY) ,�/ `-� 11 f ---. \\ '• V \ — _/ N 814.09' 71'3358 P�N�T\C. ..i f:}`1 ..1' „ ,. .......y., y. .....�.... :. i� -. .. /�---..�,:. f...,._ ..../_.r^;--../-.�._� _....y- i...,...._ _✓—,..y.y...y...,._/--y._ ._{...�-..A--7' -."' .. „.../ ,.. ✓........t..,:..y � 1A eo2,4r ✓u?ti a_.r !/ / �< / /1L'1.........�..._�.. -/�isfi •<�.!,-........r... ;�/,.-. � /ice<_./' ;'.c_._�./, •�/� J�� , �'R�/ -f /f I . A,1'\`PROPOSE \ ,' f/ . \ A. I••' 1 `I \ \ ` `.i;, i;, l `` 'j,t PP �,\�'! `I '; 11 \\ `\ RIGHT OFDWAO / / / // ' ; \ - \ - BOISE CASCADE FOR PAMWAY / ,//,/ / ,, ' ,\I ,I l \ti,, CORP -� y ; /// .', ' \•j 'r Yam.✓'.,, % l ' ``, \ _ ( 191318-41001 ) .. ' j• j / // �'i• f a1.\ , 1 Irc 1 •I `k �.i i•:I'I\,!;•/../ LEELYNN INC & /fl`'i :.. '� Ii ,`\ \ / /%,� / / './''r,.e \\N \, 1 \ \ i /r /,. / // /,�' �.,i 1 f� `1'\` '• �`Si C, 1;,Pa, Jt �L la, ��..I �L"::., Irii.ln'�'., WAN" \ ,/ l// WILEY MT INC PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA UM. EASEMENT AREA CONST. EASEMENT AREA NOTES ( 191318-42001 ) 191318-41001 B015E CASCADE CORP. SEE SHEET 3 BNSF RAILWAY SEE SHEET 7 191318-42001 LEELYNN INC & WILEY MT INC • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE ®�® I Engineering HLA and land Surveying, Inc. �W� �6 Yakima, WA 98903 509.966.7CW Fee 509965.a8W ,,.,. NaDini are PRAD R M PE. lODH„LV LAYOUT uMATEDR wPCR,9c„„RlA W1 t-IB JOB 082 10-2 a2a-,e CITY OF YAKIMA BRAVO COMPANY BOULEVARD 1: 14 14 i'„Al VPOAICS IMI,(I'„2) ;°_,_„ ,4-16 Mt „M. SnwMR60W 1A9 oe11960 Br RIGHT OF WAY PLANS RE,..1. DAR ENTERED BC AA EXHIBIT B LANDFILL ROW PROPERTY, LANDFILL PROPERTY UTILITY EASEMENT AREA, AND LANDFILL PROPERTY TEMPORARY CONSTRUCTION EASEMENT AREA LEGAL DESCRIPTIONS NOV 1/4 , SEC, 18, T.131,4., RAPE., IN.G1, ( 191318-21003 ) nut CD NE 1/4 , SEC. 18, T.13N., 4`5.19v"., W.15. R/W - Phase 2 191318-12001 ) 6E'-, Cl ' • lN`O pg, LROPO -�% //�i m c SSA '11 ��` , DENOTES SURVEY MONUMENT FOUND Et' 1/4 „SEC. 18, Y.13Ud., 11194:., 1M.M. INTERSECTION OF THE CENTER UNE OF 'D' STREET AND THE EAST _ UNE OF BLOCK 186 OF-r- '0.SI (N T'+ ��� _ _ - THE COLLEGE ADDI PON--J Ep5 1 TO NORTH YAKIMA.UA SE 1M4 , SL�:. 18, n\13M., RASE., W.R. �N P V`NCO/ 0 i--—FAIRAVE. w t$R a ®IILA Engineering and L nd Surveying Inc. 2803nrva ROW Yakima, WA 98902 505.9661000 Fu 709967J800 MMMwovitaam POATEO SAY PER LOCHNER LAYISOF LPOAIEO R/M PER LOCHNER LATOUr VIAL UPOAIES (PHI P01) Hi-1-16 11-3-16 11-15-16 S8 NUMBER.16AIE. HOSS 0-29-16 Eft£ MARES PLAN. RAN NO....ROM , LA . HOSE aro CITY OF YAKIMA BRAVO COMPANY BOULEVARD REVISION SATE 0E9G1E0 BY i EMIEREO BY: RIGHT OF WAY PLANS 2 14 LINE BEARING LENGTH L1 S 18'30'21" E 40.00 L2 N 7129'16" E 9.91 L3 N 182918" W 27.00 L4 S 7726'46" W 6.61 L5 N 7726'46" E 19.32 l6 N 8728'06" E 4.23 L7 S 8728'06' W 24.31 Ei 40' R/W I0 1 40, R.O.S. 11,686093 R.0.0. 44-65 R.O.S. 40-11 R.0.8. T868800 R.0.0. 19-68 '4r EKIST. 120' R/W ;•gym. J [CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH I CI 7012'41- 91.50 127.03 N 62'46'54' W 117,07 C2 90.25'38" 51.50 81.28 N 3213'57' E 7310 I C5 82'57'38" 106.50 154.20 S 5103'05" E 141.08 I C6 11028'40" 26.50 51.10 5 32'13'47" W 43.54 PARCEL NO. 191318-41001 OWNERSHIP BOISE CASCADE CORP. 123 QQ' .. / INTERSECRON OF THE CENTER UNE OF 10" STREET AND THE EAST UNE OF BLOCK 186 OF THE COLLEGE ADDITION TO NORTH YAKIMA, BOISE CASCADE CORP (451913187410011') R.O.S. 7888007 ��'• 14.0.8. 7989848 R.0.8. 81'6'a868 PROPOSED / 10' PUBUC U71UTY ESM PROPOSED 50' TEMPORARY CONSTRUCTION E9AT. — -i1 • 23'00'33" W r• . C_....._1_/i''/1� //i! ' . 4os �e✓.�—PROPOSED�_---�_ /��%� r/,"/` r i�'� _i PROPOSE • UTILITY ESMT. 54 SEE SHEET 9 FOR CONTINUATION EXISTING AREA 1,640,470t SF• AREA TO 8E ACQUIRED 371,7465 SF PROPOSED 50' TEMPORARY CONSTRUCTION ESMT. PROPOSED 50' R/W '144, 'SEC. ' 3, V,ii�M.9 REMAINING AREA 1,268,724t SF BOISE CASCADE CORP c i91318`4,100* UTIL EASEMENT AREA AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE 55,8581 SF CONSI-. EASEMENT AREA 178,605i SF POINT NOTES 3u HLA [ FngiBeming and lend Surveying, Inn 2803 River Aced Y61,,0± WA 98902 509966.7000 P.509.965.3800 .,.WwawLrcat UPDRIE0 0,00 PER LOCINER LAYOUT 1 11-t'I6 979/71O R/W PER 40EHNEP LAT57 111-0-I6 r6AL UPDAIE6 (M1/PNy 11-u-16 .pa r+uuBER:IDo..3 1 oe2 - e-16 Fl 8 NANES. P1011. : SNro110204 PLAN. 062 U.9 CITY OF YAKIMA BRAVO COMPANY BOULEVARD RENSI. DATE OESMED BY: Tor ENTERED Br. RIGHT OF WAY PLANS SNIT 3 14 CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C3 1816'57' 888.50 219.69 5 03'5024" E 218.76 C4 19'56'29' 575.50 200.30 S 00'23'58" W 199.29 C7 2314'00' 688.50 279.19 S 1655'04' W 277.28 C8 2910'37' 151.50 78.03 N 13'46'46" E 77.17 CO 15'33'57" 575.50 158.35 5 18'09'11" W 155.87 C10 35'03 38" 151.50 92.71 N 18'3021' W 01.27 C11 17'52'12" 151.50 47.25 N 4458'17" W 47.06 I C32 1850.51" 245.50 72.19 N 4826'53" W 71.83 C33 20'46'14' 76.50 27.73 S 482415' E 27.58 C34 63'34'23' 28.50 29.40 N 8925'06" E 27.92 1 C35 26 30'03' 78.50 35.38 N 4422.53' E 35.07 : C36 10129'30' 71.50 126.65 S 2212'40" E 110.73 C40 82'09'17' 71.50 102.52 5 6918'43' W 93.96 I C41 2'35'55' 575.50 26.10 S 2714'07" W 26.10 LINE BEARING LENGTH L8 N 28'32'05' E 23.36 L17 N 28'32'05" E 6.29 L21 N 28'32'05" E 43.40 HLA 2803 Rim had Yoked, WA 99902 599.966.7880 FAA 509.9693890 wvklvciN.com J PARCEL NO. LEELYNN INC & WILEY MT INC ( 191318-42001 ) R.0.8. 7886098 PROPOSED 10' PUBUC PROPOSED 50' UTILITY ESIIT. TEMPORARY CONSTRUCTION ESMT. - PROPOSED/ / % //113' R%W // % PROPOSED 50' TEMPORARY CONSTRUCTION ESNT. 191318-41001 191318-42001 OWNERSHIP 310.0. 736800F R.0.8 7040945 R.0.8. 51752900 BOISE CASCADE CORP. LEELYNN INC & WILEY MT INC t9M GCE ' /4, SEC. VS, T.1 ., R.10,E., W.H. SEE SHEET 7 FOR CONRNUA TION /o"// % / //l <„ 'il T4: . ; i • T4I PROPOSED 10' PUBUC ' II UnLRY ESMt. Il BOISE CASCADE CORD (47191318,4.1001' ) EXISTING AREA 517,493±" AREA TO BE ACOUIREO 47,590i SF REMAINING AREA 469,9032 SF A 6 U11L EASEMENT AREA • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE Oap..*Ep RA PER L06HNER L•YOut u9O.7EO RA PER LOCHNER LAYout .l 0PUE1Es (P).1,$H2) -14 ill-I,1-16 T roe x� RER.In..>F:: D_2B_,6 FEE NUMB DRAVOIC ....OW [try, Phil. p6x R.v 8,9402 SF 0,4 CONST. EASEMENT AREA 43,664i SF CITY OF YAKIMA BRAVO COMPANY BOULEVARD NOTES SEE SHEET 3 OATS OES.ED Or ENTERED BY. RIGHT OF WAY PLANS 4 14 CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH Ica 29'30'37" 151.50 78.03 N 13'46'46' E 77.17 C33 20'46'14' 76.50 27.73 S 4824'35' E 27.58 C10 35 03'38' 151.50 92.71 N 18'30'21' W 91.27 C34 6314'23" 26.50 29.40 N 8925'06' E 27.92 cil 1752'12" 151.50 47.25 N 44'58'I7' W 47.06 C35 2670'03' 76.50 35.38 N 44'22'53' E 35.07 C12 4'30'32' 790.00 62.17 S 51'39.07" E 62.15 C36 10179'30' 71.50 126.65 S 22'12'40" E 11073 C13 10'38'03" 786.0D 145.88 S 44'04'49" E 145.67 C40 82'9'17" 71.50 102.52 S 6978'43' W 93.96 C14 2'40'29' 877.00 31.60 5 40'12'48" E 31.60 C41 275'55' 575.50 26.10 5 2714'07' W 26.10 'C31 1319'16' 677.00 157.40 54812'41" E 157.05 C44 1'49'03' 677.00 21.47 S 39'47'05' E 21.47 C32 1650'51' 245.50 72.19 N 4628'53" W 71.93 LEELYNN INC & WILEY MT INC ( 191318-12001 60' R/W PP8Te966 PETAIL N 38'45"48 Wl�l S 3B'4S'4B' o6.144'171/4 r�81 19I 5 38'45'48" E'1'39.45`'""'-"`"� _163292,11 38'45 48_,1•/J,-1_ PARCEL NO. 191318-12001 191318-41001 191318-42001 FOR CONTINUATIO _____________ PROPOSED 50' �, R/VI :4.C.E. 3®90342 TEMFORARY ''. P599005 coNSTRUCTION ESMT. OWNERSHIP LEELYNN INC & WILEY MT INC LEELYNN INC & WILEY MT INC LEELYNN INC R WILEY MT INC BNSF RAILWAY EXISTING AREA POINT 'G, BOISE CASCADE CORP 1' "-- ( 9191318141001 ,M,\1_ ^ LEELYNN INC & WILEY MT INC ( 191318-42001 13L W.(UUt'I, AREA TO BE ACQUIRED REMAINING AREA UTIL. EASEMENT AREA 10,045* SF•' oN 5N CONST. EASEMENT AREA 13,138* SF LINE BEARING LENGTH L8 N 2812'05' E 23.36 L9 S 40'36'09" W 4.00 L17 N 2812'05' E 6.29 L21 N 28'32'05' E 43.40 L23 N 18'30'21' W 20.00 L24 S 71'33'58' W 11.69 L25 N 71'33'58" E 3.90 21„ NOTES SEE SHEET 6 SEE SHEET 3 SEE SHEET 4 st y7�__gFr • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE •• INCLUDES ROADWAY AND UTIUTY EASEMENT BOISE CASCADE CORP ((191318/41001.,) DETAIL - N.T.S. 7g7318 42001 40,1's HLA.Engineering and Land Sareeying, nc. 2903 Rives Reed 364091, WA9B902 909.966.7200 Po 509.965.3800 www.b6cNlT.cm UPDATED R/W PER LDENNER 5AY0U1 URDA,E0 RAY PER 100+NER LAN), GPM. UPDATES (Ni1/PN2) -16 6 i. IA 11 UMBER: 19..2 �11062 16-16 ERE NAMES: DRPLAN Sh«! Owb6 11062Cvq CITY OF YAKIMA BRAVO COMPANY BOULEVARD PERRON DATE DESIGNED EY. A ERED BY RIGHT OF WAY PLANS 7 14 'CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C37 2753'23' 544.50 265.05 S 865407 E 262.44 C38 14•55.11* 100.00 26.04 N 714136. E 25.97 C39 305.317- 655.50 353.38 S 8445I1r E 349.12 LINE BEARING LENGTH I L18 S 1555.22* E 35.52 i 119 S 6414.01. W 25.42 120 S 17.3811. E 15.00 BOISE CASCADE CORP ( 191318-41001 ) 104J, C. %, TAM, BOISE CASCADE CORP. , (f19131841001i,)'.'i R.0.0. 87692908 PROPOSED 10PUBUC --- 7F1T-rnU 1 \ A . 1 , , 5\53T \\ \\ ,\ \\ ' 1 , \ L ---- _ PROPOSED 111. R/W resoowx 14.0.Q. MOO*? PROPOSED 50' TEMPORARY CONSTRUCTION ESMT. PROPOSED 50' TEMPORARY CONSTRUCTION ESMT. K22-0: lc_ I 1 \ \\ \ y PROPOSED 10' PUBLIC UTUTY ESMT. SEE SHEET 12 FOR CONTINUATION SEE SHEET 13 FOR CONTINUATION PARCEL NO. 191318-41001 OWNERSHIP LEELYNN INC & WILEY MT INC EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA UTIL. EASEMENT AREA CONST. EASEMENT AREA NOTES SEE SHEET 3 • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE 44 4.(141 14 R/w CO 160 R/W H L A Engineering and Lund Surveying, Inc. 2802 Siva Road Yam. WA 98902 509.966 7800 Fax 509.9653800 wwwIttaciviLccm VPDATEO R/W PER LOCHNER LAYOUT UPORMI R/W PER LOCHNER la 90811 GINA, UGPATES (PH, /12L12) It- -16 11-3-113 1I-14-16 4444009 j 040 409214040-14 RE NAMES: ORAVONG SneetaliCY, cv.g PLAN_ ,,062 cog CITY OF YAKIMA BRAVO COMPANY BOULEVARD OESOIED BY. ;or EN rEFEL1 DV. RIGHT OF WAY PLANS PROPOSED 50' TEMPORARY CONSTRUCTION ESMT. BOISE CASCADE CORP 191318-41001 fl.0.0. 1708090 R.O.B. 1,000051 R.O.O. 0000097 PROPOSED 30' UTILITY EASEMENT ...-N-79 47.097- R.O.O. 10-45 R.O.O. 2'0907'00 R.O.O. E0-11 R.O.O. 55-98 1 SEE SHEET 13 FOR CONDNUATION PARCEL N0. 19131E-41001 OWNERSHIP BOISE CASCADE CORP. EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA UTIL. EASEMENT AREA CONST. EASEMENT AREA NOTES SEE SHEET 3 a AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE INTERSTATE 82 04 ILAEngineering and Land Surveying Inc. 2803 Rim Road Yakima, WA 98902 309.966.7000 Paz N19.963.3800 .crddcivlcom VPDA MO P/. PER L0EHNE12 LAY1:01 UPDATED P/W PEt LOR+NER LAYOUT FINAL 01,041E5 (PHIR02) 11-1-16 -3-16 11-ia-16 OP NU ICATE O-20,6 ME NUE. eelEROW,, PLAN RO26.9 CITY OF YAKIMA BRAVO COMPANY BOULEVARD REa9ON DATE 0E5E1E0 Br. 1� EXIERED Br RIGHT OF WAY PLANS 9 14 N 15'50 01W 8 0 \\,\\\\\\\\, N 7'2 50 LEELYNN INC & WILEY MT INC ( 191318-12001 ) SEC. SJ , TIM.r INTERSTATE 82 LINE BEARING LENGTH L18 S 15'55'22' E 35.52 L19 S 6414'01" W 25.42 L22 N 07'26'50" W 20.37 L30 $ 1715'47" E 35.00 1.31 5 07'26'50' E 35.65 _ II; p� \ y� WS.O:TzR/,W _ .,..s.,. �., \\ \\\� :\\\L-<\\\\ \ \��\�\\V ♦ \t \\\ \\ er PO20' ASCADE\� w a m 1 PRORIGHT OFSED WAY FOR PATHWAY CORPC/ °�:---• (19131814.1001 ' BOISE 35. R/)'( SEE SHEET 14 FOR CON1NUA110N »� PARCEL N0. OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA UTIL. EASEMENT AREA CONST. EASEMENT AREA NOTES 191318-12001 LEELYNN INC & WILEY MT INC SEE SHEET 6 191318-41001 801SE CASCADE CORP. SEE SHEET 3 BNSF RAILWAY SEE SHEET 7 • AREA PER YAi1MA COUNTY ASSESSOR'S OFFICE 4>. HLA Engineering end Land Surveying Inc. 2803 River Road Ye14ne. WA 98902 509.9667000 Fat 509965.3800 avAv Necrvil com VPPA170 R/vr PFP 1.00HNEH LAYOUT VPOATEP N/n OCR LO<HN6 LA4WT i�HAL uP00151 (PHI.'PH5) - -16 11,4-16 Y9 MIUNCR'D0.2 P62 N E NANESP DRAMINC, S q PLAN: 110816.9 CITY OF YAKIMA BRAVO COMPANY BOULEVARD REVISION PATE PEscNEP er: DOD. 6v. AJH RIpiT OF WAY PLANS 993, 12 14 J CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C42 13'51'06" 2340.13 565.74 S 2424'58' E 564.36 C43 1'32'56' 7536.52 203.74 5 1619'05* E 203.74 r .A� ATYa SE 9C4, SEC. 9Cd, Fa.%E., WAN. INTERSTATE 82 .*‘'\\I\tt\A\ ‘s\--\\'''.-'X\..X\'""\ \'"\\ '" ''\'\''\X'‘\'\\'t\N'1\\",'\'''' \\N\,' \''7\'''''N%\'\ 7W.S.D.O.T. RAµ, \V\\k‘\V',-.‘''\'\''k\'‘ \-c\,'‘V,N \,\' '. \\‘\<‘: V.:\.i\''''\‘\\,\ \,,i;.'\S-'N.\\\,\\ s\ T-301.9' \i \\ t �- liBv.✓.`-tt9�$.fi.G. aro anppYn \1 \\1\ E\\I\\\.7z`‘ \\:,\-,\,z,-,%N,-"7.-' k'\-'_'‘-_'_\,'_'._'_'_ SEE SHEET 8 FOR CONTINUATION BOISE CASCADE CORP 7 191318-4100110 PARCEL N0. 191318-41001 OWNERSHIP BOISE CASCADE CORP. EKISTINO AREA AREA TO BE ACQUIRED REMAINING AREA UTIL. EASEMENT AREA CONST. EASEMENT AREA NOTES SEE SHEET 3 • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE A 4,S HdLunxying, Ine 2803 Riga Rxd Y.1A, WA98902 S09.966.7000 FAX 509.9653800 www Nuinl.can UPDATED RAY PER LOWRER CArpyT LPORTED RAY PER LOCHNER LArOUT FINAL UROA TES (PHI/PH2) 11-1-15 11-3-I6 11-14-16 DATE ,aa no uew.IoaTE. t 82 2B-t6 FILE HANEv DRAPING SnaetgOw u.9 PUN. 062 Cp CITY OF YAKIMA BRAVO COMPANY BOULEVARD VAT00. EliEO Or yoF RIGHT OF WAY PLANS 13 cr 14 80' R/W 1 ll` \ n\ \ t` 4.a v,;P e44.44,v ,7.,:. LEELYNN INC & I WILEY MT INC ( 191318.42001 ) PCs 944, SEC. 9E3, T.`7 31n1., G .9 )C., W.fPZi. LINE BEARING LENGTH L22 N 07'26'50" W 20.37 L23 N 18'30'21" W 20.00 (MOXEE BRANCH NORTHERN BNSF RAILROAD PACIFICRAILWAY) 814.08' WA'S3'5871E ;r- /-rB024477 SM7'33'58`-kW asap.. ,a.,.a..»;w.en'e... M.n �,......a„ BOISE CASCADE CORP EEO 91318=41001) SEC 10 11. 1.1SM [RUE R I U 35' RAN PROPOSED 20. RICHT OF WAY FOR PATHWAY N PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA UTIL. EASEMENT AREA CONST. EASEMENT AREA NOTES 191318-41001 191318-42001 BOISE CASCADE CORP. BNSF RAILWAY LEELYNN INC de HALEY MT INC SEE SHEET 3 SEE SHEET 7 • AREA PER YA.41MA COUNTY ASSESSOR'S OFFICE w HLA Engineering end lend Surveying Inn 2803 River Road Ydim•, WA 91902 509.066.3000 Fax5099633800 wwwtl 'w cmo VPDATEO RM' RER LOCHNER EAYW- WOAtE➢ R/0 PER 1,0CHNER LAYOUT ANAL UPDATES (PHI/PH;) -18 ]-18 11-14-16 Jos Nlua.R IoAre. 2 ALE NAMES Sn•H.ROOW drop N. 11062 drop CITY OF YAKIMA BRAVO COMPANY BOULEVARD DATE °OM En1ERE0 g er ro RIGHT OF WAY PLANS 14 14 City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 9, 2016 Parcel n~o-19.1a3x118"-:0001 That part of the hereinafter described Parcel "A", described as follows: Commencing at the intersection of the centerline of "D" Street and the East line of Block 186, THE COLLEGE ADDITION TO NORTH YAKIMA, according to the official plat thereof recorded in Volume "A" of Plats, Page 43, records of Yakima County, Washington; Thence South 18°30'21" East along said East line of Block 186 a distance of 40.00 feet; Thence North 71°29'16" East 9.91 feet; Thence North 18°29'16" West 27.00 feet; Thence North 82°26'11" East 100.15 feet; Thence South 89°56'08" East 135.26 feet; Thence North 23°58'36" West 123.98 feet; Thence North 23'00'33" West 61.61 feet to the South line of said Parcel "A"; Thence North 89°05'51" West along said South line 61:80 feet to the Point of Beginning; Thence North 23°00'33" West 152.29 feet to the Point of Curvature of a curve concave to the Southwest and having a radius of 91.50 feet; Thence Northwesterly along said curve consuming a central angle of 79°32'41" an arc length of 127.03 feet; Thence South 77°26'46" West 6.61 feet; Thence North 12°33'14" West 87.00 feet; Thence North 77°26'46" East 19.32 feet to the Point of Curvature of a curve concave to the Northwest and having a radius of 51.50 feet; Thence Northeasterly along said curve consuming a central angle of 90'25'38' an arc length of 81.28 feet to the beginning a reverse curve concave to the East and having a radius of 688.50 feet; Thence Northerly along said curve consuming a central angle of 18°16'57" an arc length of 219.69 feet to the following described Line "A"; Thence North 71 °29'39" East along said line 125.97 feet to a point on a curve concave to the East, said point hereinafter referred to as point "A", center of said curve bearing South 79°37'47" East 575.50 feet; Thence Southerly along said curve consuming a central angle of 19°56'29" an arc length of 200.30 feet to the beginning of ,a reverse curve concave to the Northeast and having a radius of 106.50 feet; Thence Southeasterly along said curve consuming a central angle of 82°57'38" an arc length of 154.20 feet; Thence North 87°28'06" East 4.23 feet; Thence South 2°31'54" East 87.00 feet; Thence South 87°28'06" West 24.31 feet to the point of curvature of a curve concave to the Southeast and having a radius of 26.50 feet; Thence Southwesterly along said curve consuming a central angle of 110°28'40" an arc length of 51.10 feet; Thence South 23°00'33" East 152.64 feet to a point that is 50.00 feet North of the South line of said Parcel "A" as measured perpendicular to the South line thereof; Thence South 89'05'51" East parallel with said South line 256.82 feet; Thence South 0°54'09" West 50.00 feet to the South line of said Parcel "A"; Thence North 89°05'51°' West along said South line 358.26 feet to the Point of Beginning, Line "A" Commencing at the intersection of the Southerly right of way line of the Moxee Branch of the Northern Pacific Railway Company and the Easterly right of way line of the alley on the Northeasterly side of Block 164, said COLLEGE ADDITION TO NORTH YAK I MA; Thence South 18°30'21" East along said alley right of way line 654.40 feet to the Point of Beginning of said line; Thence North 71°29'39" East 800.00 feet to the terminus of said line. AND TOGETHER with that part of the hereinafter described Parcel "A", described as follows: Commencing at the aforementioned Point "A", said point being on a curve concave to the East, the center of said curve bearing South 79°37'47" East 575.50 feet; Thence Northeasterly along said curve consuming a central angle of 15°33'57" an arc length of 156.35 feet to the Point of Beginning; Thence continuing along said curve consuming a central angle of 2°35'55" an arc length of 26.10 feet; Thence North 28°32'05" East 43.40 feet to the point of curvature of a curve concave to the Southeast and having a radius of 71.50 feet; Thence Northeasterly along said curve consuming a central angle of 82°09'17" an arc length of 102.52 feet to the beginning of a reverse curve concave to the North an having a radius of 655.50 feet; Thence Southeasterly along said curve consuming a central angle of 30°53'17" an arc length of 353.38 feet; Thence North 79°48'05" East 81.23 feet; Thence South 17°38'11" East 15.00 feet; Thence North 72°21'49" East 180.19 feet to a point hereinafter referred to as Point "B"; Thence North 16°06'34" West 201.93 feet; Thence South 64°14'01" West 25.42 feet; Thence South 15°55'22" East 35.52 feet; Thence South 64°14'01" West 195.41 feet to the point of curvature of a curve concave to the Northwest, said curve having a radius of 100.00 feet; Thence Southwesterly along said curve consuming a central angle of 14°55'11" an arc length of 26.04 feet to the beginning of a compound curve concave to the North, said curve having a radius of 544.50 feet; Thence Westerly along said curve consuming a central angle of 27'53'23" an arc length of 265.05 feet to the beginning of a compound curve concave to the Northeast, said curve having a radius of 71.50 feet; Thence Northwesterly along said curve consuming a central angle of 101 °29'30" an arc length of 126.65 feet; Thence North 28°32'05" East 6.29 feet; Thence North 61°17'48" West 83.08 feet to the point on a curve concave to the Northwest, center of said curve bearing North 58°52'08" West 76.50; Thence Southwesterly along said curve consuming a central angle of 26°30'03" an arc length of 35.38 feet to the beginning of a compound curve concave to the North, said curve having a radius of 26.50 feet; Thence Westerly along said curve consuming a central angle of 63°34'23" an arc length 29.40 feet to the beginning of a compound curve concave to the Northeast, said curve having a radius of 76.50 feet; Thence Northwesterly along said curve consuming a central angle of 20°46'14".an arc length of 27.73 feet to the beginning of a reverse curve concave to the Southwest, said curve having a radius of 245.50 feet; Thence Northwesterly along said curve consuming a central angle of 16°50'51" an arc length of 72.19 feet to the beginning of a reverse curve concave to the Northeast, said curve having a radius of 677.00 feet; Thence Northwesterly along said curve consuming a central angle of 13°19'16" an arc length of '157.40 feet to the Westerly line of Parcel "A"; Thence South 18°30'21" East 234.75 feet to a point on a curve concave to the West, the center of said curve bearing South 53°57'50" West 151.50 feet; Thence Southeasterly along said curve consuming a central angle of 35°03'38" an arc length of 92.71 feet to the West line of said Parcel "A"; Thence South 18°30'21" East 182.07 feet to the Point of Beginning; AND TOGETHER with that part of the hereinafter described Parcel "A"; described as follows: Commencing at the aforementioned Point "B", said point being on a curve concave to the Northeast, the center of said curve bearing North 72°30'35" East 2340.13 feet; Thence Southeasterly along said curve consuming a central angle of 13°51'06" an arc length of 565.74 feet to a point on a curve that is not tangent and concave to the Northeast, center of said curve bearing North 74°27'23" East 7536.52 ;feet; Thence Southeasterly along said curve consuming a central angle of 1 °32'56" an arc length of 203.74 feet to the Westerly right of way line of Interstate 82 and the Point of Beginning; Thence Northwesterly along the previously described curve consuming a central angle of 1 °32'56" an arc length of 203.74 feet to a curve concave to the Northeast, the center of said curve bearing North 58°39'29" East 2340.13 feet; Thence Northwesterly along said curve consuming a central angle of 13°51'06" an arc length of 565.74 feet to the aforementioned Point "8"; Thence North 16°06'34" West 201.93 feet; Thence North 12°24'47" West 214.39 feet; Thence North 7°26'50" West 245.25 feet to a point on the Southerly right of way line of the Moxee Branch of the Northern Pacific Railway Company, said point hereinafter referred to as Point "C"; Thence North 71 °33'58" East along said right of way line 54.28 feet to the Westerly right of way line of Interstate 82; Thence Southeasterly along said right of way line to the Point of Beginning. AND TOGETHER with that part of the hereinafter described Parcel "A", described as follows: Beginning at the aforementioned Point "C"; Thence South 7°26'50" East 20.37 feet; Thence South 71°33'58" West parallel with the South right of way line of the Moxee Branch of the Northern Pacific Railway Company 798.56 feet to the Westerly line of said Parcel "A"; Thence North 18°30'21" West along said Westerly line 20.00 feet to the Southerly right of way line of said Railroad; Thence North 71'33'58" East alongsaid right of way line 802.47 feet to the Point of Beginning; Situate in Yakima County, Washington. Parcel "A" That part of the Northeast 1/4 of Section 18, Township 13, Range 19, E.W.M., lying Southerly of the Southerly right of way line of the Northern Pacific Railway Company's railroad and Westerly of the Westerly right of way line of State Route 82. AND That portion of the North 1/2 of the Southeast 1/4 and the Northeast 14 of the Southwest 1/4 of Section 18, Township 13 North, Range 19, E.W.M., Tying Westerly of State Road 82, described as follows: Commencing at a point 2286 feet West of the Southeast corner of the Northeast 1/4 of the Southeast 1/4 of said Section 18; thence East 2286 feet to the Southeast corner of said Northeast 1/4 of the Southeast 1/4; thence North 80 rods to the Northeast corner of the Northeast 1/4 of the Southeast 1/4; thence West 2703 feet to a point 63 feet West of the Northwest corner of said Southeast 1/4; thence South 15°30' East 1390 feet to the point of beginning; EXCEPT right of way for railroad as conveyed by deed recorded under Auditor's File No. 850764; AND EXCEPT beginning at a point on the North boundary of the Southeast 1/4 of the Southeast 1/4 of said Section 18, a distance of 490 feet West of the East boundary of said Section 18; Thence along the North boundary of the Southeast 1/4 of the Southeast 1/4 in a generally Westerly direction, more accurately described as North 86°51' West 1331.0 feet; thence North 16°50' West, 65.0 feet; thence in a generally Easterly direction parallel to the North boundary of the Southeast 1/4 of the Southeast 1/4, more accurately described as South 86°51' East 460.0 feet; thence North 82°2' East 500.0 feet; thence South 71°24' East 253.4 feet; thence South 56°53' East 182.0 feet to the point of beginning; AND EXCEPT that portion conveyed to the State of Washington for highway purposes by deeds recorded under Auditor's File Nos. 1757605 and 3162797; AND EXCEPT all that part of the Northwest 1/4 of the Southeast 1/4 of said Section 18, described as follows: Beginning at the intersection of the Southerly right of way line of the Moxee Branch of the Northern Pacific Railway Company and the Easterly right of way line of the alley on the Northeasterly side Block 164, COLLEGE ADDITION TO NORTH YAKIMA, W.T. (NOW YAKIMA, WASHINGTON), as recorded in Volume A of Plats, Page 22; thence South 18°27' East along said alley right of way line 653.40 feet; thence North 71°33' East 800 feet; thence North 18°27' West 653.40 feet to the southerly right of way line of said railway; thence South 71 °33' West along said railway right of way line 800 feet to the point of beginning, AND EXCEPT That portion of the Northwest 1/4 of the Southeast 1/4 of Section 18, Township 13 North, Range 19, E.W.M., described as follows: Beginning at the intersection of the center line of North 9th Street and the South line of the Northwest 1/4 of the Southeast 1/4; thence West 201.6 feet; thence North 15°30' West 17 feet thence Easterly 200 feet; thence Southeasterly 33 feet to the point of beginning. City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 11, 2016 Parcel no;-,19;:131'8-4:1001'.;:= (10' Public Utility Easement) That part of the hereinafter described Parcel "A", being a strip of land 10.00 feet in width the Easterly and Northerly line described as follows: Commencing at the intersection of the centerline of "D" Street and the East line of Block 186, THE COLLEGE ADDITION TO NORTH YAKIMA, according to the official plat thereof recorded in Volume "A" of Plats, Page 43, records of Yakima County, Washington; Thence South 18°30'21" East along said East line of Block 186 a distance of 40.00 feet; Thence North 71 °29'16" East 9.91 feet; Thence North 18°29'16" West 27.00 feet; Thence North 82°26'11" East 100.15 feet; Thence South 89°56'08" East 135.26 feet; Thence North 23°58'36" West 123.98 feet; Thence North 23°00'33" West 61.61 feet to the South line of said Parcel "A"; Thence North 89°05'51" West along said South line 61.80 feet to the Point of Beginning of said line; Thence North 23°00'33" West 152.29 feet to the Point of Curvature of a curve concave to the Southwest and having a radius of 91.50 feet; Thence Northwesterly along said curve consuming a central angle of 79°32'41" an arc length of 127.03 feet; Thence South 77°26'46".West 6.61 feet to a point hereinafter referred to as Point "D" and terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel "A", being a strip of land 10.00 feet in width the Southerly and Easterly line described as follows: Commencing at the aforementioned Point "D"; Thence North 12°33'14" West 87.00 feet to the Point of Beginning of said line; Thence North 77°26'46" East 19.32 feet to the Point of Curvature of a curve concave to the Northwest and having a radius of 51.50 feet; Thence Northeasterly along said curve consuming a central angle of 90°25'38" an arc length of 81.28 feet to the beginning a reverse curve concave to the East and having -a radius of 688.50 feet; Thence Northerly along said curve consuming a central angle of 18°16'57" an arc length of 219.69 feet to a point on the following described Line "A", said point hereinafter referred to as Point "E" and terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel "A", being a strip of land 10.00 feet in width the Westerly and Southerly line described as follows: Commencing at the aforementioned Point "E"; Thence North 71 °29'39" East along the following described Line "A" 125.97 feet to a point on a curve concave to the East, said point being the Point of Beginning of said line, center of said curve bearing South 79°37'47" East 575.50 feet; Thence Southerly along said curve consuming a central angle of 19°56'29" an arc length of 200.30 feet to the beginning of a reverse curve concave to the Northeast and having a radius of 106.50 feet; Thence Southeasterly along said curve consuming a central angle of 82°57'38" an arc length of 154.20 feet; Thence North 87°28'06" East 4.23 feet to a point hereinafter referred to as Point "F" and terminus of said line; Line "A" Commencing at the intersection of the Southerly right of way line of the Moxee Branch of the Northern Pacific Railway Company and the Easterly right of way line of the alley on the Northeasterly side of Block 164, said COLLEGE ADDITION TO NORTH YAK I MA; Thence South 18°30'21" East along said alley right of way line 654.40 feet to the Point of Beginning of said line; Thence North 71 °29'39" East 800.00 feet to the terminus of said line. AND TOGETHER with that part of the hereinafter described Parcel "A", being a strip of land 10.00 feet in width the Northerly and Westerly line described as follows: Commencing at the aforementioned Point "F"; Thence South 2°31'54" East 87.00 feet to the Point of Beginning of said line; Thence South 87°28'06" West 24.31 feet to the point of curvature of a curve concave to the Southeast and having a radius of 26.50 feet; Thence Southwesterly along said curve consuming a central angle of 110°28'40" an arc length of 51.10 feet; Thence South 23°00'33" East 152.64 feet to a point that is 50.00 feet North of the South line of said Parcel "A" as measured perpendicular to the South line thereof, and being the terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel "A", being a strip of land 10.00 feet in width the Westerly and Northerly line described as follows: Commencing at the aforementioned Point "E"; Thence North 71°29'39" East along the following described Line "A" 125.97 feet to a point on a curve concave to the East, said point being the Point of Beginning of said line, center of said curve bearing South 79°37'47" East 575.50 feet; Thence Northeasterly along said curve consuming a central angle of 15°33'57" an arc length of 156.35 feet to the Point of Beginning of said line; Thence continuing along said curve consuming a central angle of 2°35'55" an arc length of 26.10 feet; Thence North 28°32'05" East 43.40 feet to the point of curvature of a curve concave to the Southeast and having a radius of 71.50 feet; Thence Northeasterly along said curve consuming a central angle of 82°09'17" an arc length of 102.52 feet to the beginning of a reverse curve concave to the North an having a radius of 655.50 feet; Thence Southeasterly along said curve consuming a central angle of 30°53'17" an arc length of 353.38 feet; Thence North 79°48'05" East 81 23 feet; Thence South 17°38'11" East 15.00 feet; Thence North 72°21'49" East 180.19 feet to a point hereinafter referred to as Point"B" and terminus of said lime; Line "A" Commencing at the intersection of the Southerly right of way line of the Moxee Branch of the Northern Pacific Railway Company and the Easterly right of way line of the alley on the Northeasterly side of Block 164, said COLLEGE ADDITION TO NORTH YAKIMA; Thence South 18°30'21" East along said alley right of way line 654.40 feet to the Point of Beginning of said line; Thence North 71 °29'39" East 800.00 feet to the terminus of said line. AND TOGETHER with that part of the hereinafter described Parcel "A", being a strip of land 10.00 feet in width the Southerly and Westerly line described as follows: Commencing at the aforementioned Point "B"; Thence North 16°06'34" West 201.93 feet; Thence South 64°14'01" West 25.42 feet; Thence South 15°55'22" East 35.52 feet to the Point of Beginning of said line; Thence South 64'14'01" West 195.41 feet to the point of curvature of a curve concave to the Northwest, said curve having a radius of 100.00 feet; Thence Southwesterly along said curve consuming a central angle of 14°55'11" an arc length of 26.04 feet to the beginning of a compound curve concave to the North, said curve having a radius of 544.50 feet; Thence Westerly along said curve consuming a central angle of 27°53'23" an arc length of 265.05 feet to the beginning of a compound curve concave to the Northeast, said curve having a radius of 71.50 feet; Thence Northwesterly along said curve consuming a central angle of 101°29'30" an arc length of 126.65 feet; Thence North 28°32'05" East 6.29 feet to a point hereinafter referred to as Point "G" and terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel "A", being a strip of land 10.00 feet in width the Easterly and Southerly line described as follows: Commencing at the aforementioned Point "G"; Thence North 61°17'48" West 83.08 feet to the point on a curve concave to the Northwest, said point being the Point of Beginning of said line, center of said curve bearing North 58°52'08" West 76.50; Thence Southwesterly along said curve consuming a central angle of 26°30'03" an arc length of 35.38 feet to the beginning of a compound curve concave to the North, said curve having a radius of 26.50 feet; Thence Westerly along said curve consuming a central angle of 63°34'23" an arc length 29.40 feet to the beginning of a compound curve concave to the Northeast, said curve having a radius of 76.50 feet; Thence Northwesterly along said curve consuming a central angle of 20°46'14" an arc length of 27.73 feet to the beginning of a reverse curve concave to the Southwest, said curve having a radius of 245.50 feet; Thence Northwesterly along said curve consuming a central angle of 16°50'51" an arc length of 72.19 feet to the beginning of a reverse curve concave to the Northeast, said curve having a radius of 677.00 feet; Thence Northwesterly along said curve consuming a central angle of 13°19'16" an arc length of 157.40 feet to a point on the Westerly line of Parcel "A" hereinafter referred to as Point "H" and terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel "A", described as follows:. Commencing at the aforementioned Point "H"; Thence South 18°30'21" East 234.75 feet to a point on a curve concave to the West, said point being the Point of Beginning, the center of said curve bearing South 53°57'50° West 151.50 feet; Thence Southeasterly along said curve consuming a central angle of 35°03'38' an arc length of 92.71 feet to the West line of said Parcel "A"; Thence North 18°30'21" West along said West line to the Point of Beginning. AND TOGETHER with that part of the hereinafter described Parcel "A", described as follows: Commencing at the intersection of the centerline of "D" Street and the East line of Block 186, THE COLLEGE ADDITION TO NORTH YAKIMA, according to the official plat thereof recorded in Volume "A" of Plats, Page 43, records of Yakima County, Washington; Thence South 18°30'21" East along said East line of Block 186 a distance of 40.00 feet; Thence North 71 °29'16" East 9.91 feet; Thence North 18°29'16" West 27.00 feet; Thence North 82°26'11" East 100.15 feet; Thence South 89°56'08" East 135.26 feet; Thence North 23°58'36" West 123.98 feet; Thence North 23°00'33" West 61.61 feet to the South line of said Parcel "A"; Thence South 89°05'51" East along said South line 296.46 feet to the Point of Beginning; Thence North 0°54'09" East 30.57 feet to a point that is 30.00 feet North of the South line of said Parcel "A" as measured perpendicular thereto; Thence North 79°47'09" East parallel with said South line 497;56 feet; Thence South 87°40'19" East 193.33 feet to the Westerly right of way line of Interstate 82; Thence Southeasterly along said right of way line to the South line of said Parcel "A"; Thence Westerly along said South line to the Point of Beginning; Parcel "A" That part of the Northeast 1/4 of Section 18, Township 13, Range 19, E.W.M.; lying Southerly of the Southerly right of way line of the Northern Pacific Railway Company's railroad and Westerly of the Westerly right of way line of State Route 82. AND That portion of the North 1/2 of the Southeast 1/4 and the Northeast 14 of the Southwest 1/4 of Section 18, Township 13 North, Range 19, E.W.M.; Tying Westerly of State Road 82, described as follows: Commencing at a point 2286 feet West of the Southeast corner of the Northeast 1/4 of the Southeast 1/4 of said Section 18; thence East 2286 feet to the Southeast corner of said Northeast 1/4 of the Southeast 1/4; thence North 80 rods to the Northeast corner of the Northeast 1/4 of the Southeast 1/4; thence West 2703 feet to a point 63 feet West of the Northwest corner of said Southeast 1/4; thence South 15°30' East 1390 feet to the point of beginning; EXCEPT right of way for railroad as conveyed by deed recorded under Auditor's File No. 850764; AND EXCEPT beginning at a point on the North boundary of the Southeast 1/4 of the Southeast 1/4 of said Section 18, a distance .of 490 feet West of the East boundary.of said Section 18; Thence along the North boundary of the Southeast 1/4 of the Southeast 1/4 in a generally Westerly direction, more accurately described as North 86°51' West 1331.0 feet; thence North 16°50' West, 65.0 feet; thence in a generally Easterly direction parallel to the North boundary of the Southeast 1/4 of the Southeast 1/4, more accurately described as South 86°51' East 460.0 feet; thence North 82°2' East 500.0 feet; thence South 71°24' East 253.4 feet; thence South 56°53' East 182.0 feet to the point of beginning; AND EXCEPT that portion conveyed to the State of Washington for highway purposes by deeds recorded under Auditor's File Nos. 1757605 and 3162797; AND EXCEPT all that part of the Northwest 1/4 of the Southeast 1/4 of said Section 18, described as follows: Beginning at the intersection of the Southerly right of way line of the Moxee Branch of the Northern Pacific Railway Companyand the Easterly right of way line of the alley on the Northeasterly side Block 164, COLLEGE ADDITION TO NORTH YAKIMA, W.T, (NOW YAKIMA, WASHINGTON), as recorded in Volume A of Plats, Page 22; thence South 18°27' East along said alley right of way line 653.40 feet; thence North 71 °33' East 800 feet; thence North 18°27' West 653.40 feet to the southerly right of way line of said railway; thence South 71°33' West along said railway right of way line 800 feet to the point of beginning, AND EXCEPT That portion of the Northwest 1/4 of the Southeast 1/4 of Section 18, Township 13 North, Range 19, E.W.M., described as follows: Beginning at the intersection of the center line of North 9th Street and the South line of the Northwest 1/4 of the Southeast 1/4; thence West 201.6 feet; thence North 15°30' West 17 feet thence Easterly 200 feet; thence Southeasterly 33 feet to the point of beginning. City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 11, 2016 Parcellno- 9.1318,41001:m (50' Temporary Construction Easement) That part of the hereinafter described Parcel "A", being a strip of land 50.00 feet in width the Easterly and Northerly line described as follows: Commencing at the intersection of the centerline of "D" Street and the East line of Block 186, THE COLLEGE ADDITION TO NORTH YAKIMA, according to the official plat thereof recorded in Volume "A" of Plats, Page 43, records of Yakima County, Washington; Thence South 18°30'21" East along said East line of Block 186 a distance of 40.00 feet; Thence North 71°29'16" East 9,91 feet; Thence North 18°29'16" West 27.00 feet; Thence North 82°26'11" East 100.15 feet; Thence South 89°56'08" East 135.26 feet; Thence North 23°58'36" West 123.98 feet; Thence North 23°00'33" West 61.61 feet to the South line of said Parcel "A"; Thence North 89°05'51" West along said South line 61.80 feet to the Point of Beginning of said line; Thence North 23°00'33" West 152.29 feet to the Point of Curvature of a curve concave to the Southwest and having a radius of 91.50 feet; Thence Northwesterly along said curve consuming a central angle of 79°32'41" an arc length of 127.03 feet; Thence South 77°26'46" West 6.61 feet; Thence North 12°33'14" West 87.00; Thence North 77°26'46" East 19.32 feet to the Point of Curvature of a curve concave to the Northwest and having a radius of 51.50 feet; Thence Northeasterly along said curve consuming a central angle of 90°25'38" an arc length of 81.28 feet to the beginning a reverse curve concave to the East and having a radius of 688.50 feet; Thence Northerly along said curve consuming a central angle of 18°16'57" an arc length of 219.69 feet to a point on the following described Line "A", said point hereinafter referred to as Point "E" and terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel "A", being a strip of land 50.00 feet in width the Westerly and Southerly line described as follows: Commencing at the aforementioned Point "E"; Thence North 71°29'39" East along the following described Line "A" 125.97 feet to a point on a curve concave to the East, said point being the Point of Beginning of said line, center of said curve bearing South 79°37'47" East 575.50 feet; Thence Southerly along said curve consuming a central angle of 19°56'29" an arc length of 200.30 feet to the beginning of a reverse curve concave to the Northeast and having a radius of 106.50 feet; Thence Southeasterly along said curve consuming a central angle of 82°57'38" an arc length of 154.20 feet; Thence North 87°28'06" East 4.23 feet; Thence South 2°31'511" East 87.00 feet; Thence South 87°28'06" West 24.31 feet to the point of curvature of a curve concave to the Southeast and having a radius of 26.50 feet; Thence Southwesterly along said curve consuming a central angle of 110°28'40" an arc length of 51.10 feet; Thence South 23°00'33" East 152.64 feet to a point that is 50.00 feet North of the South line of said Parcel "A" as measured perpendicular to the South line thereof; Thence South 89°05'51" East 256.82 feet; Thence South 0°54'09" West 50.00 feet to the South line of said Parcel "A" and terminus of said line; Line "A" Commencing at the intersection of the Southerly right of way line of the Moxee Branch of the Northern Pacific Railway Company and the Easterly right of way line of the alley on the Northeasterly side of Block 164, said COLLEGE ADDITION TO NORTH YAKIMA; Thence South 18°30'21" East along said alley right of way line 654.40 feet to the Point of Beginning of said line; Thence North 71 °29'39" East 800.00 feet to the terminus of said line. AND TOGETHER with that part of the hereinafter described Parcel "A", being a strip of land 50.00 feet in width the Westerly and Northerly line described as follows: Commencing at the aforementioned Point "E' Thence North 71 °29'39" East along the following described Line "A" 125.97 feet to a point on a curve concave to the East, said point being the Point of Beginning of said line, center of said curve bearing South 79°37'47" East 575.50 feet; Thence Northeasterly along said curve consuming a central angle of 15°33'57" an arc length of 156.35 feet to the Point of Beginning of said line; Thence continuingalongsaid curve consuming a central angle of 2°35'55" an arc length of 26.10 feet; Thence North 28°32'05" East 43.40 feet to the point of curvature of a curve concave to the Southeast and having a radius of 71.50 feet; Thence Northeasterly along said curve consuming a central angle of 82°09'17" an arc length of 102.52 feet to the beginning of a reverse curve concave to the North an having a radius of 655.50 feet; Thence Southeasterly along said curve consuming a central angle of 30°53'17" an arc length of 353.38 feet; Thence North 79°48'05" East 81.23 feet; Thence South 17°38'11" East 15.00 feet; Thence North 72°21'49" East 180.19 feet to a point hereinafter referred to as Point "B" and terminus of said line; Line "A' Commencing at the intersection of the Southerly ►ght of Easy line of the oxee terly right of way line of the Branchalley of the Northern Pacific Railway Company theand on the Northeasterly side of Block 164, said COLLEGE ADDITION TO NORTH YAKIMA; Thence South 18°30'21" East along said alley right of way line 654.40 feet to the Point of Beginning of said line; Thence North 71°29'39" East 800.00 feet to the terminus of said line. AND TOGETHER with that part of the hereinafter described Parcel ed a" "A", fobeing a strip of land 50.00 feet in width the Southerly and Westerly line de Commencing at the aforementioned Point "B"; Thence North 16°06'34" West 201.93 feet; Thence South 64°14'01" West 25.42 feet; Thence South 15°55'22" East feet to the point oc 35.52 1 Beinnigrvat ue f of a►dcurve; concave Thence South 64°14'01" West 195. to the Northwest, said curve having a radius of 100.00 feet; Thence Southwesterly along said curve consuming curveral angle of 14°55'11" an concave to the North, said arc length of 26.04 feet to the beginning of a curve having a radius of 544.50 feet; Thence Westerly along said curve consuming a ral angle of 27°53'23" an arc concave to the Northeast, said length of 265.05 feet to the beginning of a compound curve curve having a radius of 71.50 feet; Thence Northwesterly along said curve consuming a central angle of 101°29'30" an arc length of 126.65 feet; Thence North 28°32'05" East 6.29 feet; Thence North 61 ° 17'48" West 83.08 feet ortth 5p in �$„ a es econcave o ncave to the Northwest, center of said curve bearing Thence Southwesterly along said curve room compound curveming a ral angle of 26°30'03" an concave to the North, said arc length of 35.38 feet to the beginning of a p curve having a radius of 26.50 feet; Thence Westerly along said curve consuming a central atngle of 63°34'23" an arc the Northeast, aid curve 29.40 feet to the beginning of a compound curve concave having a radius of 76.50 feet; '14" an arc Thence Northwesterly along said curve consuming urveentral angle of concave to the Southwest, said length of 27.73 feet to the beginning of a curve having a radius of 245.50 feet; Thence Northwesterly along said curve consuming entral angle of 16°50'51" cancave to the Northeastnsaid arc length of 72.19 feet to the beginning of a reverse urve curve having a radius of 677.00 feet; Thence Northwesterly along said curve consuming a central angle of 13°19'16" an arc length of 157.40 feet to a point on the Westerly line of Parcel "A" and terminus of said line; Parcel "A" That part of the Northeast 1/4 of Section 18, Township 13, Range 19, E.W.M., Tying Southerly of the Southerly right of way line of the Northern Pacific Railway Company's railroad and Westerly of the Westerly right of way line of State Route 82. AND That portion of the North 1/2 of the Southeast 1/4 and the Northeast 14 of the Southwest 1/4 of Section 18, Township 13 North, Range 19, E.W.M., Tying Westerly of State Road 82, described as follows: Commencing at a point 2286 feet West of the Southeast corner of the Northeast 1/4 of the Southeast 1/4 of said Section 18; thence East 2286 feet to the Southeast corner of said Northeast 1/4 of the Southeast 1/4; thence North 80 rods to the Northeast corner of the Northeast 1/4 of the Southeast 1/4; thence West 2703 feet to a point 63 feet West of the Northwest corner of said Southeast 1/4; thence South 15°30' East 1390 feet to the point of beginning; EXCEPT right of way for railroad as conveyed by deed recorded under Auditor's File No. 850764; AND EXCEPT beginning at a point on the North boundary of the Southeast 1/4 of the Southeast 1/4 of said Section 18, a distance of 490 feet West of the East boundary of said Section 18; Thence along the North boundary of the Southeast 1/4 of the Southeast 1/4 in a generally Westerly direction, more accurately described as North 86°51' West 1331.0 feet; thence North 16°50' West, 65.0 feet; thence in a generally Easterly direction parallel to the North boundary of the Southeast 1/4 of the Southeast 1/4, more accurately described as South 86°51' East 460.0 feet; thence North 82°2' East 500.0 feet; thence South 71°24' East 253.4 feet; thence South 56°53' East 182.0 feet to the point of beginning; AND EXCEPT that portion conveyed to the State of Washington for highway purposes by deeds recorded under Auditor's File Nos. 1757605 and 3162797; AND EXCEPT all that part of the Northwest 1/4 of the Southeast 1/4 of said Section 18, described as follows: Beginning at the intersection of the Southerly right of way line of the Moxee Branch of the Northern Pacific Railway Company and the Easterly right NORTH line of the alley YAKIMA, W.T. on the Northeasterly side Block 164, COLLEGE ADDITION T(NOW YAKIMA, WASHINGTON). as recorded in Volume A of Plats, Page 22; thence South 18°27' East along said alley right of way line 653.40 feet; thence North 71°33' East 800 feet; thence North 18°27' West 653.40 feet to the southerly right of way line of said railway; thence South 71 °33' West along said railway right of way line 800 feet to the point of beginning, AND EXCEPT That portion of the Northwest 1/4 of the Southeast 1/4 of Section 18, Township 13 North, Range 19, E.W.M., described as follows: Beginning at the intersection of the center line of North 9th Street and the South line of the Northwest 1/4 of the Southeast 1/4; thence West 201.6 feet; thence North 15°30' West 17 feet thence Easterly 200 feet; thence Southeasterly 33 feet to the point of beginning. EXHIBIT C MILL ROW PROPERTY, MILL PROPERTY UTILITY EASEMENT AREA, AND MILL PROPERTY TEMPORARY CONSTRUCTION EASEMENT AREA LEGAL DESCRIPTIONS HLA Engineering end Lend Surveiing, The 28031Dva Rout Yakima, WA 98903 5.09.965.7000 Fon 509.965.3800 MI 1/4 , S. 18, (191318-21003 ) -1 5 DENOTES SURVEY MONUMENT FOUND gi.19E., 191318-24001) NEN NE 1/4 , SEC.18, R/W - Phase 2 ( M91318-12001") „Go „Kog-s gg';1414NyOND 81Asr ( 191318-42001 ) INTERSECTION OF THE CENTER UNE OF STREET AND THE EAST UNE OF BLOCK 186 OF THE COLLEGE ADDITION , TO NORTH YAKIMA. SE1/41, .MIC. 18, F.:13N.,aioa,Mt% --=-FAIR AVE. UPDATEDUPOAPZO RIO 969 L000069 L00006 it -I-18 409 1(4010* UPDATED PAY LOCIOIIOO LAYOUT ,I-3-16 Pft UP0R1( EPM/p,g).__ 11-14-15 DPAY.042-_ 'Snt5Optlyra '1° CITY OF YAKIMA BRAVO COMPANY BOULEVARD RIGHT OF WAY PLANS -.3T,3' 'VC C ':G S'._C s : `Nlk,. W.GJJ. E LEELYNN INC & WILEY MT INC (4191318-12001 ) PROPOSED 50' TEMPORARY CONSTRUCTION ESMT. 5�0 kJ- 1 1 / 11 )),) �l -�. / 11 4-4 i 1. / l t:: 7 _SOUTHEAST / � CORNER OF PARCEL "0" SOUTHWEST CORNER OF -PARCEL "C" = P•N7 52.50_ ------------- PROPOSED {�� 50' -ram TEMPORARY PROPOSED CONSTRUCTION -- - 10' PUBLIC ESMT. U11UTY ESMT. LEELYNN INC & WILEY MT INC (.191318-12001 ) 7106.p4'r 38'454e8' W'Ci A 5, au. LINE BEARING LENGTH L10 N 31'49'53' E 4.00 L11 S 0575'43' W 10.15 L12 N 305816" E 4.50 L13 N 20'01'37" W 3.11 L14 S 68'48'03' W 22.11 L26 N 191)9'10" W 3.84 CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH CIS 19'24'19" 542.50 183.74 N 4827'57" W 182.86 C16 1024'40' 538.50 97.85 N 63'22'27" W 97.72 C17 10'00'25" 50.00 8,73 N 73'34'59" W 8.72 C18 38'20'54" 97.00 64.92 5 8214'21" W 63.72 219 72'22'34" 107.50 135.79 5 80144'49" E 126.94 C20 60'40'25" 74.50 78.89 N 74'53'44* W 75.26 C21 18'11'00- 182.50 57.92 5 8311734" W 57.68 C22 87'07'21" 66.50 101.12 N 4859'23" E 91.65 C23 72'38'04" 90.00 114.09 S 30.53'19" E 106.61 C24 357'14" 200.00 13.80 5 6910'56" E 13.80 C25 12'07'51" 656.00 138.89 N 65'05'40" W 138.63 C26 2015'56" 651.50 230.44 N 48'53'48' W 229.24 C45 313'06" 649.50 38.48 S 6914'17" W 36.48 PARCEL N0. 191318-21003 191318-12001 191318-12001 OWNERSHIP LEELYNN INC & 18LEY MT INC LEELYNN INC & WILEY MT INC LEELYNN INC & WILEY MT INC 60011NO AREA 2,445023i• SF 2,433,399i• SF AREA TO BE ACQUIRED 11,6241 SF (PHASE 1) 191,497±5F (PHASE 2) REMAINING AREA 2,433,399± SF 2,241,902i SF • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE UTIL. EASEMENT AREA 2,133i SF (PHASE 1) 14,868i sr (PHASE 2, CONST. EASEMENT AREA 10 6373 SF PHASE 1 81 787i SF (PHASE 2 NOTES SEE SHEET 5 2605 Kiva Road YEMuu, WA 98902 509.9667000 Pax 509.965 5000 av+W NR6ivIcom 690010O RAT PER 1f.HOIT LAYOUT UPDATED RAN PER MUTER LAYOUT RNµ UPDATES (PH1?1+2) -T6 iT-6 u-16-I6-16 404 NU46ER.j0ATE: 1.2 1,28,6 itE TIMES. DRANO: Sx•6000WE.g 2.aq CITY OF YAKIMA BRAVO COMPANY BOULEVARD REuvoN DATE VAT6✓ IDE RIGHT OF WAY PLANS 6 14 CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C8 29'30'37- 151.50 7&03 N 13'46'46" E 77.17 C33 20'46'14' 78.50 27.73 5 4824'35" E 27.58 IC10 3503'38" 151.50 92.71 N 18'30'21' W 91.27 C34 63'34'23" 26.50 29.40 N 8925'06' E 27.92 C11 17'52'12' 151.50 47.25 N 4458'17- W 47.06 C35 2670'03" 76.50 35.313 N 44'22'53' E 35.07 C12 4'30'32' 790.00 62.17 5 51'39'01' E 62.15 C36 10129'30- 71.50 128.65 S 2212'40" E 110.73 C13 10'38'03' 786.00 145.58 5 44'04'49' E 145.67 C40 8209'17' 71.50 102.52 5 69'36'43' W 93.96 C14 2'40'29' 677.00 31.60 4012'48" E 31.80 C41 275'55" 575.50 26.10 5 2714'07" W 26.10 'C31 1319'16" 677.00 157 40 4812'41" E 157.05 C44 1'49'03" 677.00 21.47 5 39'47'05' E 21.47 C32 1650.51" 245.50 72.19 N 4618'53' W 71.93 LEELYNN INC & WILEY MT INC (e.191318=12001 ) 60' R/W -SE 3 PROPOSED 50' __ O.&. F®0@.5L2 TEMPORARY OQ' 50' R/W :A.0.8. F25808.2 CONSTRUC110N Y_____ ESMT. SEE SHEET 14 ETAI BOISE CASCADE CORP 'A1 ' OR CONTINUATION (191318-41001 `-- . - ` "; __ PROPOSED-_' ~� _" 1 Y 4.1 POINT 'G_ ,.� 'o'_'._-•.tea __ LEELYNN INC & WILEY MT INC ( 191318-42001 ) • LINE BEARING LENGTH L8 N 2812'05" E 23.36 L9 5 4016'09' W 4.00 L17 N 28'32'05- E 6.29 L21 N 2812'05" E 43.40 L23 N 18'30'21" W 20.00 L24 S 71'33'58" W 11.69 L25 N 7113'58" E 3.90 y9 4;A " \\\\\'r\ `\\ OR PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA U11L EASEMENT AREA CONST. EASEMENT AREA NOTES 191318-12001 LEELYNN INC & WILEY MT INC SEE SHEET 6 191318-41001 LEELYNN INC & WILEY MT INC SEE SHEET 3 191318-42001 LEELYNN INC & WILEY M7 INC _ _ SEE SHEET 4 BNSF RAILWAY _ 10,045i SF•• 13,138± SF • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE •• INCLUDES ROADWAY AND UTILITY EASEMENT ©n. BOISE CASCADE CORP ( 191318-41001 ) 19j3,8_4_"17! ,.� ge6HLA.� 2803 Rives Rod Yakima, WA08902 009.966.7000 Fax 509.965.0800 www104ciy100m UPDATED R/W PER 8001R01 I AY7U1111-1-16 UPDATED RA PER L001NER LAYOUT 1 11-3-16 FIryA4 UPDATES (P10/PH2) I11-I4-18 .08 N UOER.IOAtE 1082 0-28-18 PE NAV. ANNG. SI NAAN W INg P II 26•g CITY OF YAKIMA BRAVO COMPANY BOULEVARD RENSON CAPE E ENPEIlEOC av Br A RIGHT OF WAY PLANS 7 14 l lV I INTERSTATE 82 ' `ti�{�i� 1��1!1!I�il�\l1 II%i7\ I`i`!,'(I'`1[-1°,lill�llnir�1,if`11 ROPtlSED'I E4 IT ES I I II I y I I i 11 i' fi 1 11 11!�1!`11' (11 1` !1 ! I tl `I111� � 1 I j 11111!l 1=�n`sia`•4. w! 1 13\2' 111\2W4T1 4\ 14W-'!;\1 1.` N 36'1743 LEELYNN INC & WILEY MT INC 0,191318-12001, PARCEL NO. 191318-120D1 OWNERSHIP LEELYNN INC & WILEY MT INC FASTING AREA AREA TO BE ACQUIRED REMAINING AREA UTIL EASEMENT AREA CONST. EASEMENT AREA NOTES SEE SHEET 6 e AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE #. HEngineering endLA 2803 Rim Road Ye1d04 WA98902 509.966.70W Fee 509.9653600 ww30e41v0.90m UPDATED R(w PER LOCHNER LAYOUT UPDAhiC R/W PER LDCHNER LAYOUI E,w*I UPOAJES (PHI/DHR) 3-10 11-14-18 .109 t NUM001DENI P,TE:-1D-:6 RE NAMES DRAMAS. w PLAN cw9 e`It061 <w9 CITY OF YAKIMA BRAVO COMPANY BOULEVARD REVISION DATE 0e r. ASS RIGHT OF WAY PLANS 10' 14 .S€IdLA PARCEL NO. 19131E-12001 INTERSTATE 82 OWNERSHIP LEELYNN INC & WILEY MT INC NE 9M, SPEC. 90, T.9 1iL G3.9 ; ., We.0i. LEELYNN INC & WILEY MT INC ( ;191318-12001T) EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA UTIL EASEMENT AREA CONST. EASEMENT AREA NOTES SEE SHEET 6 2003 Rivcr Road Yakima, WA98902 509.966.7000 Fez 5099653800 vaw.NzdMl can • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE WDATD) RA, PER LOCHNER LAYOU- UP°ATE° R(w PER LOGNNCR UYW' FINAL VP MS (PM NH2) -16 -5-16 11-11-16 .Ire Xuv6Ea�°ATE: I O69 o-IB-16 FME BANES CHUA Ptµ.XG 6neetaR� dw9 q CITY OF YAKIMA BRAVO COMPANY BOULEVARD REASON °ATE OESGHE° °T EnTEaE° R RIGHT OF WAY PLANS 11 14 ce N 15'5001 8 Na 1,6 LEELYNN INC & WILEY MT INC ( 191318-12001 ) 7'26'50 W INTERSTATE 82 LINE BEARING LENGTH L18 S 15'55'22' E 35.52 L19 5 6494'01' W 25.42 L22 N 07'26'50' W 20.37 L30 S 17'35'47- E 35.00 L31 S 0726'SO' E 35.65 SE u04 W.S.D.O.T. R/W \,\\ \\\kiV\ \\,\\) \\\\ \\\A\.\\ \ 7 25 \*\\\\k \\\\,\\ / N122447'W \\� PROPOSED 20' RIGHT OF WAY FOR PATHWAY 35' R/W \== Y�l SEE SHEET 14 FOR CONTINUATION BOISE CASCADE / CORP_ 191318.41001); PARCEL N0. 191318-12001 191318-41001 OWNERSHIP LEELYNN INC 6e WILEY MT INC BOISE CASCADE CORP. BNSF RAILWAY EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA UTIL EASEMENT AREA CONST. EASEMENT AREA NOTES SEE SHEET 6 SEE. SHEET 3 SEE SHEET 7 • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE 2. HLA ' Engineering and Lod Surveying, Inc 2803 River Rwd Y.SimA WA 98902 509.966.7000 Pea 509.9553800 w w.C7ncMLcam MATED RAW PER LOEHNER LAY043 OAICO RAW apt LOG:NSR LAY.;T EPNAL Uo6A1ES 1PMt /pM21 -16 -n-te 200 MJNRER IOAh: 1 002 0-28--10 ME MALES DRAW.. SnaataROWCy PLAN: 1.2 nrp CITY OF YAKIMA BRAVO COMPANY BOULEVARD RENSION DATE DESmna, e. TO En2ERE0 0, RIGHT OF WAY PLANS 12 oF 14 City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 9, 2016 (revised November 14, 2016) Parcel no:191318-12001 That part of the hereinafter described Parcel "C", described as follows: Commencing at the Southwest corner of said Parcel "C"; Thence North 0°17'05" West along the West line of said Parcel "C" 321.06 feet; Thence North 74°46'03" East 49.13 feet to the point of curvature of a curve concave to the Southwest and having a radius of 74.50 feet; Thence Easterly along said curve consume a central angle of 60°40'25" an arc length of 78.89 feet to the beginning of a reverse curve concave to the North and having a radius of 107.50 feet; Thence Southeasterly along said curve consuming a central angle of 72°22'34" an arc length of 135.79 feet to the beginning of a reverse curve concave to the South and having a radius of 97.00 feet; Thence Northeasterly along said curve consuming a central angle of 38°20'54" an arc length of 64.92 feet to the beginning of a compound curve concave to the Southwest and having a radius of 50.00 feet, Thence Southeasterly along said curve consuming a central angle of 10°00'25" an arc length of 8.73 feet to the beginning of a compound curve concave to the Southwest and having a radius of 538.50 feet; Thence Southeasterly along said curve consuming a central angle of 10°24'40" an arc length of 97.85 feet; Thence North 31 °49'53" East 4.00 feet to a point on a curve concave to the Southwest and the center of said curve bearing South 31 °49'53" West 542.50 feet; Thence Southeasterly along said curve consuming a central angle of 19°24'19" an arc length of 183.74 feet; Thence South 38°45'48" East 70.05 feet to a point that is 100.00 feet Northerly of the Southerly line of said Parcel "C" as measured perpendicular thereto, said point being the Point of Beginning; Thence continuing South 38°45'48" East 106.64 feet to the South line of said Parcel "C"; Thence North 71 °33'58" East along said South line 116.24 feet; Thence North 38°45'48" West 106.64 feet to a point that is 100.00 feet Northerly of the Southerly line of said Parcel "C" as measured perpendicular thereto; Thence South 71 °33'58" West 116.24 feet to the Point of Beginning; AND TOGHETHER with that part of the hereinafter described Parcel "C", described as follows: Commencing at the Southwest corner of said Parcel "C"; Thence North 0°17'05" West along the West line of said Parcel "C" 321.06 feet to the Point of Beginning; Thence North 74°46'03" East 49.13 feet to the point of curvature of a curve concave to the Southwest and having a radius of 74.50 feet; Thence Easterly along said curve consume a central angle of 60°40'25" an arc length of 78.89 feet to the beginning of a ,r'everse curve concave to the North and having a radius of 107.50 feet; Thence Southeasterly along said curve consuming a central angle of 72°22'34" an arc length of 135.79 feet to the beginning of a reverse curve concave to the South and having a radius of 97.00 feet; Thence Northeasterly along said curve consuming a central angle of 38°20'54'' an arc length of 64.92 feet to the beginning of a compound curve concave to the Southwest and having a radius of 50.00 feet; Thence Southeasterly along said curve consuming a central angle of 10°00'25" an arc length of 8.73 feet to the beginning of a compound curve concave to the Southwest and having a radius of 538.50 feet; Thence Southeasterly along said curve consuming a central angle of 10°24'40" an arc length of 97.85 feet; Thence North 31 °49'53" East 4.00 feet to a point on a curve concave to the Southwest and the center of said curve bearing South 31 °49'53" West 542.50 feet; Thence Southeasterly along said curve consuming a central angle of 19°24'19" an arc length of 183.74 feet; Thence South 38°45'48" East 70.05 feet to a point that is 100.00 feet Northerly of the Southerly line of said Parcel "C" Thence North 71°33'58" East parallel with said Southerly line 116.24 feet; Thence North 38°45'48" West 110.44 feet to the point of curvature of a curve concave to the Southwest and having a radius of 651.50 feet; Thence Northwesterly along said curve consuming a central angle of 20°15'56" an arc length of 230.44 feet; Thence North 30°58'16" East 4.50 feet to a point on a curve concave to the Southwest, center of said curve bearing South 30'158'16" West 656.00 feet; Thence Northwesterly along said curve consuming a central angle of 12°07'51" an arc length of 138.89 feet to the beginning of a reverse curve concave to the Northeast and having a radius of 200.00 feet; Thence Northwesterly along said curve consuming a central angle of 3°57'14" an arc length of 13.80 feet to the beginning of a compound curve concave to the Northeast and having a radius of 90.00 feet; Thence Northwesterly along said curve consuming a central angle of 72°38'04' an arc length of 114.09 feet; Thence North 84°34'17" West 111.00 feet; Thence South 5°25'43" West 10 15 feet to the point of curvature of a curve concave to the Northwest and having a radius of 66.50 feet; Thence Southwesterly along said curve consuming a central angle of 87°07'21" an arc length of 101.12 feet to the beginning of a reverse curve concave to the South and having a radius of 182.50 feet; Thence Westerly along said curve consuming a central angle of 18°11'00" an arc length of 57.92 feet; Thence South 74°22'04" West 28.13 feet to the West line of said Parcel "C"; Thence South 0°17'05" East along said West line 121.07 feet to the Point of Beginning; AND TOGETHER with that part of the hereinafter described Parcel "C, described as follows: Beginning at the Southeast corner of said Parcel "C"; Thence South 71°33'58" West along the South line of said Parcel "C" 48.00 feet; Thence North 7°26'50" West 172.08 feet; Thence North 15°50'01 " West 398.64 feet; Thence South 63°46'06" West 60.58 feet; Thence North 23°49'17" West 413.13 feet; Thence North 29°56'36" West 165.74 feet; Thence North 40°45'09" West 209.96 feet; Thence North 36°17'43" West 536.62 feet; Thence North 26°34'47" West 269.37 feet to the Westerly right of way line of Interstate 82; Thence Southeasterly along said right of way line to the Point of Beginning; Situate in Yakima County, Washington. Parcel "C" That portion of the Northeast 1/4 of Section 18, Township 13, North, Range 19, lying Westerly of State Road 82; EXCEPT those portions thereof conveyed to Northern Pacific Railway Company, by deed recorded in Volume 98 of Deeds, Page 319, and deed recorded under Auditor's File No. 850764, described as follows: A strip of land 35 feet in width being 10 feet in width on the Northerly side of the center line and 25 feet in width on the Southerly side of the center line of the railroad of the North Yakima & Valley Railway Company as same is now located (January 21, 1910), over and across the South 1/2 of the Northeast 1/4 and the Northwest 1/4 of the Southeast 1/4 of Section 18, Township 13, North, Range 19, E.W.M., said center line over and across said tract of land being more particularly described as follows: Commencing at a point 284 feet South and 31.2 feet East of the Northwest comer of the Northwest 1/4 of the Southeast 1/4 of Section 18, and running thence North 71°16' East 2578 feet to the West Bank of the Yakima River, together with such additional land in said Section contiguous to said above described land as may be necessary to construct a roadway or fill along the entire length of said land hereby conveyed, said roadway or fill not to exceed 30 feet in width on top with side slopes of 1 1/2 to 1; EXCEPT a strip of land 25 feet in width along the Northerly side of and contiguous to the present 35 foot right of way of said railway company for its Moxee Branch, in the South 1/2 of the Northeast 1/4 of Section 18, extending from the South line of said government subdivision, Northeasterly to a line drawn at right angles to the center line of the main track of said branch as constructed and operated at a point therein distant 650 feet Easterly from the point of intersection of said main tract center line with the East and West center ►ine of said Section 18, last named distance being measured along said main track center line; AND EXCEPT a strip of land 60 feet wide being 30 feet wide on each side of the following described center line, to wit: Commencing on the South line of the Northwest 1/4 of Section 18, at the point where a line 22 feet North of and parallel with the South line of "H" Street in the City of Yakima, intersects said South line of said quarter section and running thence on a magnetic bearing North 49°49' East and parallel with the South line of Said "H" Street, 94 feet; thence on a magnet bearing North 68°5' East and parallel with the East and West line said Section, 782 feet, all said strip of land being in the Northwest 1/4 and the Northeast 1/4 of said Section 18; AND EXCEPT that portion conveyed to the State of Washington for highway purposes by deed recorded under Auditor's File Nos. 1757605 and 3162797; AND EXCEPT that part of the Northeast 1/4 of Section 18, Township 13 North, Range 19, E.W.M., lying Southerly of the Southerly right of way line of the Notheren Pacific Railway Company's Railroad and Wester►y of the Westerly right of way line of State Route 82. Situate in Yakima County, Washington. City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 14, 2016 Parcel no 1:91318-12001 (40' Public Utility Easement) That part of the hereinafter described Parcel "C", being a strip of land 10.00 feet in width, the Northerly and Easterly line described as follows: Commencing at the Southwest corner of said Parcel "C"; Thence North 0°17'05" West along the West line of said Parcel "C" 321.06 feet; Thence North 74°46'03" East 49.13 feet to the point of curvature of a curve concave to the Southwest and having a radius of 74.50 feet; Thence Easterly along said curve consume a central angle of 60°40'25" an arc length of 78.89 feet to the beginning of a reverse curve concave to the North and having a radius of 107.50 feet; Thence Southeasterly along said curve consuming a central angle of 72°22'34" an arc length of 135.79 feet to the beginning of a reverse curve concave to the South and having a radius of 97.00 feet; Thence Northeasterly along said curve consuming a central angle of 38°20'54" an arc length of 64.92 feet to the beginning of a compound curve concave to the Southwest and having a radius of 50.00 feet; Thence Southeasterly along said curve consuming a central angle of 10°00'25" an arc length of 8.73 feet to the beginning of a compound curve concave to the Southwest and having a radius of 538.50 feet; Thence Southeasterly along said curve consuming a central angle of 10°24'40" an arc length of 97.85 feet; Thence North 31 °49'53" East 4.00 feet to a point on a curve concave to the Southwest and the center of said curve bearing South 31 °49'53" West 542.50 feet; Thence Southeasterly along said curve consuming a central angle of 19°24'19" an arc length of 183.74 feet; Thence South 38°45'48" East 70.05 feet to a point that is 100.00 feet Northerly of the Southerly line of said Parcel "C" as measured perpendicular thereto, said point being the Point of Beginning of said line; Thence continuing South 38°45'48" East 106.64 feet to a point on the South line of said Parcel "C", said point hereinafter referred to a Point "I" and terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel "C", being a strip of land 10.00 feet in width, the Southerly and Westerly line described as follows: Commencing at the aforementioned Point "I"; Thence North 71 °33'58" East along said South line of said Parcel "C" 116.24 feet to the Point of Beginning of said line; Thence North 38°45'48" West 106.64 feet to a point that is 100.00 feet Northerly of the Southerly line of said Parcel "C" as measured perpendicular thereto and terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel "C", being a strip of land 10.00 feet in width the Northerly and Easterly line described as follows: Commencing at the Southwest corner of said Parcel "C"; Thence North 0°17'05" West along the West line of said Parcel "C" 321.06 feet to the Point of Beginning of said line; Thence North 74°46'03" East 49.13 feet to the point of curvature of a curve concave to the Southwest and having a radius of 74.50 feet; Thence Easterly along said curve consume a central angle of 60°40'25" an arc length of 78.89 feet to the beginning of a reverse curve concave to the North and having a radius of 107.50 feet; Thence Southeasterly along said curve consuming a central angle of 72°22'34" an arc length of 135.79 feet to the beginning of a reverse curve concave to the South and having a radius of 97.00 feet; Thence Northeasterly along said curve consuming a central angle of 38°20'54" an arc length of 64.92 feet to the beginning of a compound curve concave to the Southwest and having a radius of 50.00 feet; Thence Southeasterly along said curve consuming a central angle of 10'00'25" an arc length of 8.73 feet to the beginning of a compound curve concave to the Southwest and having a radius of 538.50 feet; Thence Southeasterly along said curve consuming a central angle of 10°24'40" an arc length of 97.85 feet; Thence North 31'49'53" East 4.00 feet to a point on a curve concave to the Southwest and the center of said curve bearing South 31°49'53" West 542.50 feet; Thence Southeasterly along said curve consuming a central angle of 19°24'19" an arc length of 183.74 feet; Thence South 38°45'48" East 70.05 feet to a point that is 100.00 feet Northerly of the Southerly line of said Parcel "C" as measured perpendicular thereto, said Point hereinafter referred to as Point "J" and terminus of said line; That part of the hereinafter described Parcel"C", being a strip of land 10.00 feet in width the Southerly and Westerly line described as follows: Commencing at the aforementioned Point "J"; Thence North 71°33'58" East parallel with the Southerly line of said Parcel "C" 116.24 feet to the Point of Beginning of said line; Thence North 38°45'48" West 110.44 feet to the point of curvature of a curve concave to the Southwest and having a radius of 651.50 feet; Thence Northwesterly along said curve consuming a central angle of 20°15'56" an arc length of 230.44 feet; Thence North 30°58'16" East 4.50 feet to a point on a curve concave to the Southwest, center of said curve bearing South 30°58'16" West 656.00 feet; Thence Northwesterly along said curve consuming a central angle of 12°07'51" an arc length of 138.89 feet to the beginning of a reverse curve concave to the Northeast and having a radius of 200.00 feet; Thence Northwesterly along said curve consuming a central angle of 3°57'14" an arc length of 13.80 feet to the beginning of a compound curve concave to the Northeast and having a radius of 90.00 feet; Thence Northwesterly along said curve consuming a central angle of 72°38'04" an arc length of 114.09 feet; Thence North 84°34'17" West 111.00 feet; Thence South 5°25'43" West 10.15 feet to the point of curvature of a curve concave to the Northwest and having a radius of 66.50 feet; Thence Southwesterly along said curve consuming a central angle of 87°07'21" an arc length of 101.12 feet to the beginning of a reverse curve concave to the South and having a radius of 182.50 feet; Thence Westerly along said curve consuming a central angle of 18°11'00" an arc length of 57.92 feet; Thence South 74°22'04" West 28.13 feet to the West line of said Parcel "C" and terminus of said line; Parcel °C" That portion of the Northeast 1/4 of Section 18, Township 13, North, Range 19, lying Westerly of State Road 82; EXCEPT those portions thereof conveyed to Northern Pacific Railway Company, by deed recorded in Volume 98 of Deeds, Page 319, and deed recorded under Auditor's File No. 850764, described as follows: A strip of land 35 feet in width being 10 feet in width on the Northerly side of the center line and 25 feet in width on the Southerly side of the center fine of the railroad of the North Yakima & Valley Railway Company as same is now located (January 21, 1910), over and across the South 1/2 of the Northeast 1/4 and the Northwest 1/4 of the Southeast 1/4 of Section 18, Township 13, North, Range 19, E.W.M., said center line over and across said tract of land being more particularly described as follows: Commencing at a point 284 feet South and 31.2 feet East of the Northwest corner of the Northwest 1/4 of the Southeast 1/4 of Section 18, and running thence North 71°16' East 2578 feet to the West Bank of the Yakima River, together with such additional land in said Section contiguous to said above described land as may be necessary to construct a roadway or fill along the entire length of said land hereby conveyed, said roadway or fill not to exceed 30 feet in width on top with side slopes of 1 1/2 to 1; EXCEPT a strip of land 25 feet in width along the Northerly side of and contiguous to the present 35 foot right of way of said railway company for its Moxee Branch, in the South 1/2 of the Northeast 1/4 of Section 18, extending from the South line of said government subdivision, Northeasterly to a line drawn at right angles to the center line of the main track of said branch as constructed and operated at a point therein distant 650 feet Easterly from the point of intersection of said main tract center line with the East and West center line of said Section 18, last named distance being measured along said main track center line; AND EXCEPT a strip of land 60 feet wide being 30 feet wide on each side of the following described center line, to wit: Commencing on the South line of the Northwest 1/4 of Section 18, at the point where a line 22 feet North of and parallel with the South line of "H" Street in the City of Yakima, intersects said South line of said quarter section and running thence on a magnetic bearing North 49°49' East and parallel with the South line of Said "H" Street, 94 feet; thence on a magnet bearing North 68°5' East and parallel with the East and West line said Section, 782 feet, all said strip of land being in the Northwest 1/4 and the Northeast 1/4 of said Section 18; AND EXCEPT that portion conveyed to the State of Washington for highway purposes by deed recorded under Auditor's File Nos. 1757605 and 3162797; AND EXCEPT that part of the Northeast 1/4 of Section 18, Township 13 North, Range 19, E.W.M., lying Southerly of•the Southerly right of way line of the Northern Pacific Railway Company's Railroad and Westerly of the Westerly right of way line of State Route 82. Situate in Yakima County, Washington. City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 14, 2016 Parcelono. 1413484200ti (50' Temporary Construction Esmt.) That part of the hereinafter described Parcel "C", being a strip of land 50.00 feet in width, the Northerly and Easterly line described as follows: Commencing at the Southwest corner of said Parcel "C"; Thence North 0°17'05" West along the West line of said Parcel "C" 321.06 feet; Thence North 74°46'03" East 49.13 feet to the point of curvature of a curve concave to the Southwest and having a radius of 74.50 feet; Thence Easterly along said curve consume a central angle of 60°40'25" an arc length of 78.89 feet to the beginning of a reverse curve concave to the North and having a radius of 107.50 feet; Thence Southeasterly along said curve consuming a central angle of 72°22'34" an arc length of 135.79 feet to the beginning of a reverse curve concave to the South and having a radius of 97.00 feet; Thence Northeasterly along said curve consuming a central angle of 38°20'54" an arc length of 64.92 feet to the beginning of a compound curve concave to the Southwest and having a radius of 50.00 feet; Thence Southeasterly along said curve consuming a central angle of 10°00'25" an arc length of 8.73 feet to the beginning of a compound curve concave to the Southwest and having a radius of 538.50 feet; Thence Southeasterly along said curve consuming a central angle of 10°24'40" an arc length of 97.85 feet; Thence North 31 °49'53" East 4.00 feet to a point on a curve concave to the Southwest and the center of said curve bearing South 31 °49'53" West 542.50 feet; Thence Southeasterly along said curve consuming a central angle of 19°24'19" an arc length of 183.74 feet; Thence South 38°45'48" East 70.05 feet to a point that is 100.00 feet Northerly of the Southerly line of said Parcel "C" as measured perpendicular thereto, said point being the Point of Beginning of said line; Thence continuing South 38°45'48" East 106.64 feet to a point on the South line of said Parcel "C", said point hereinafter referred to a Point "I" and terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel "C", being a strip of land 50.00 feet in width, the Southerly and Westerly line described as follows: Commencing at the aforementioned Point "I"; Thence North 71 °33'58" East along said South line of said Parcel "C" 116.24 feet to the Point of Beginning of said line; Thence North 38°45'48" West 106:64 feet to a point that is 100.00 feet Northerly of the Southerly line of said Parcel "C" as measured perpendicular thereto and terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel °C", being a strip of land 50.00 feet in width the Northerly and Easterly line described as follows: Commencing at the Southwest corner of said Parcel "C"; Thence North 0°17'05" West along the West line of said Parcel "C" 321.06 feet to the Point of Beginning of said line; Thence North 74°46'03" East 49.13 feet to the point of curvature of a curve concave to the Southwest and having a radius of 74.50 feet; Thence Easterly along said curve consume a central angle of 60°40'25" an arc length of 78.89 feet to the beginning of a reverse curve concave to the North and having a radius of 107.50 feet; Thence Southeasterly along said curve consuming a central angle of 72°22'34" an arc length of 135.79 feet to the beginning of a reverse curve concave to the South and having a radius of 97.00 feet; Thence Northeasterly along said curve consuming a central angle of 38°20'54" an arc length of 64.92 feet to the beginning of a compound curve concave to the Southwest and having a radius of 50.00 feet; Thence Southeasterly along said curve consuming a central angle of 10°00'25" an arc length of 8.73 feet to the beginning of a compound curve concave to the Southwest and having a radius of 538.50 feet; Thence Southeasterly along said curve consuming a central angle of 10°24'40" an arc length of 97.85 feet; Thence North 31'49'53" East 4.00 feet to a point on a curve concave to the Southwest and the center of said curve bearing South 31 °49'53" West 542.50 feet; Thence Southeasterly along said curve consuming a central angle of 19°24'19" an arc length of 183.74 feet; Thence South 38°45'48" East 70.05 feet to a point that is 100.00 feet Northerly of the Southerly line of said Parcel "C" as measured perpendicular thereto, said Point hereinafter referred to as Point "J".and terminus of said line; That part of the hereinafter described Parcel "C", being a strip of land 50.00 feet in width the Southerly and Westerly line described as follows: Commencing at the aforementioned Point "J"; Thence North 71 °33'58" East parallel with the Southerly line of said Parcel "C" 116.24 feet to the Point of Beginning of said line; Thence North 38°45'48" West 110.44 feet to the point of curvature of a curve concave to the Southwest and having a radius of 651.50 feet; Thence Northwesterly along said curve consuming a central angle of 20°15'56"an arc length of 230.44 feet; Thence North 30°58'16" East 4.50 feet to a point on a curve concave to the Southwest, center of said curve bearing South 30°58'16" West 656.00 feet; Thence Northwesterly along said curve consuming a central angle of 12°07'51 " an arc length of 138.89 feet to the beginning of a reverse curve concave to the Northeast and having a radius of 200.00 feet; Thence Northwesterly along said curve consuming a central angle of 3°57'14" an arc length of 13.80 feet to the beginning of a compound curve concave to the Northeast and having a radius of 90.00 feet; Thence Northwesterly along said curve consuming a central angle of 72°38'04" an arc length of 114.09 feet; Thence North 84°34'17" West 111.00 feet; Thence South 5°25'43" West 10.15 feet to the point of curvature of a curve concave to the Northwest and having a radius of 66.50 feet; Thence Southwesterly along said curve consuming a central angle of 87°07'21" an arc length of 101.12 feet to the beginning of a reverse curve concave to the South and having a radius of 182.50 feet; Thence Westerly along said curve consuming a central angle of 18°11'00" an arc length of 57.92 feet; Thence South 74°22'04" West 28.13 feet to the West line of said Parcel "C" and terminus of said line; Parcel "C" That portion of the Northeast 1/4 of Section 18, Township 13, North, Range 19, lying Westerly of State Road 82; EXCEPT those portions thereof conveyed to Northern Pacific Railway Company, by deed recorded in Volume 98 of Deeds, Page 319, and deed recorded under Auditor's File No. 850764, described as follows: A strip of land 35 feet in width being 10 feet in width on the Northerly side of the center line and 25 feet in width on the Southerly side of the center line of the railroad of the North Yakima & Valley Railway Company as same is now located (January 21, 1910), over and across the South 1/2 of the Northeast 1/4 and the Northwest 1/4 of the Southeast 1/4 of Section 18, Township 13, North, Range 19, E.W.M., said center line over and across said tract of land being more particularly described as follows: Commencing at a point 284 feet South and 31.2 feet East of the Northwest corner of the Northwest 1/4 of the Southeast 1/4 of Section 18, and running thence North 71°16' East 2578 feet to the West Bank of the Yakima River, together with such, additional landin said Section contiguous to said above described land as may be necessary to construct a roadway or fill along the entire length of said land hereby conveyed, said roadway or fill not to exceed 30 feet in width on top with side slopes of 1 1/2 to 1; EXCEPT a strip of land 25 feet in width along the Northerly side of and contiguous to the present 35 foot right of way of said railway company for its Moxee Branch, in the South 1/2 of the Northeast 1/4 of Section 18, extending from the South line of said government subdivision, Northeasterly to a line drawn at right angles to the center tine of the main track of said branch as constructed and operated at a point therein distant 650 feet Easterly from the point of intersection of said main tract center line with the East and West center line of said Section 18, last named distance being measured along said main track center line; AND EXCEPT a strip of land 60 feet wide being 30 feet wide on each side of the following described center line, to wit: Commencing on the South line of the Northwest 1/4 of Section 18, at the point where a line 22 feet North of and parallel with the South line of "H" Street in the City of Yakima, intersects said South line of said quarter section and running thence on a magnetic bearing North 49°49' East and parallel with the South line of Said "H" Street, 94 feet; thence on a magnet bearing North 68°5' East and parallel with the East and West line said Section, 782 feet, all said strip of land being in the Northwest 1/4 and the Northeast 1/4 of said Section 18; AND EXCEPT that portion conveyed to the State of Washington for highway purposes by deed recorded under Auditor's File Nos. 1757605 and 3162797; AND EXCEPT that part of the Northeast 1/4 of Section 18, Township 13 North, Range 19, E.W.M., lying Southerly of the Southerly right of way line of the Northern Pacific Railway Company's Railroad and Westerly of the Westerly right of way line of State Route 82. Situate in Yakima County, Washington. ®Engineering end LA 2803 Rive Road YJvra, WA98902 309.9667000 Fax 509 965 3600 avw hleciviLcom 091318210030 I/8 , SEC.19, Y.53h., I1.191F., W.F1,. R/W - Phase 2 P\. -•FS�� �,m,% I'f\ 6 DENOTES SURVEY MONUMENT FOUND SCti 1/4 , SEC.18, 1.131h1., �3.18E„ tia.�; ST• ( 191318-12001 ) "C" Ho " BNSF UPPA VW PER 40U,NER 0Av00 UPPA0E0 010 PEA LOCH20P LAYOUT nNµ uPP0TS 0,11/PN21 \\ St. INIERSEC DON OF SHE CENTER UNE OF 'D' STREET AND TIE EAST UNE OF BLOCK 186 OF THE COLLEGE ADDITION TO NORTH YAKIMA. SE 1/4I, StC. 18, Y:I3P1., R.19E., nt.I@1. /i—FAIR AVE. 11-14-16 mP n00002 lonlr 1 2 NP-29-16 PPAwNG 5+�20w dug , CITY OF YAKIMA BRAVO COMPANY BOULEVARD PATF DESIGN ENTERED Y AM RIGHT OF WAY PLANS 2 14 LEELYNN INC & WILEY MT INC ( 191318-24001 ) SE 1,, NW/ 1,R,, SEC. TO, TIN., HigE, W. LEELYNN INC & , WILEY MT INC A.0.6. ramaa / / '. ,. 0,..19.1318=21003;.) I PROPOSED 50' TEMPORARY CONSTRUCTION -54.50. i --... /1 I PROPOSED 10' PUBLIC UPUTY ESAIT. ......„:;IIIIIT:-.-rj- v:...-FTT --TT ' 1 ESMT. H-\ \ \ 0 \ \ I 11:10 --7 FIT-77-1,---1 Et-i- \ 1 \ 1 39 651, \ \ 1 \ I I _I . t y,p, '1,1 1 i 0 0 \ i i-cl--'- --,-...*(1- \ 111 I I ' '.-,-, 17--.. .01-,,.. 111.1.. ' \ , 1 I -, 1_4. \,.c.-. \---\,...----\25---\ .,..'- \ N \-1- -\ ., •, .......... .. 7 44111. \ 4,74Pz,\ '-,L.',\ •(-s-\-\ --, .._, ..... : .......................... ...... . .... .... v\ , .. \ , ,.. -:,-,:\7•7\-\ -,A\ A -c \ •,,. \ \,:., .-. ' \ \ \ '?....`•= ,..,•!‘;,....? ............ 24- \- , c:\- --s- \\- • .r,`;:v ,-,\'‘\,;-,\,\;-„,\. \\ --v , , L\_•:_,. 74 \_\.\-:\::;\ , --c --....., ; •• 1 - .03.. \ '\. ....\''''\ ... \I\ :I\I ;‘:::\ :‘: ....\2\-‘;'\''-I.:‘\ '1\ r\-:\1;‘-\ .'.!..k.'I. I S 67.37 44 . 1...i,II,C4:14.1rjr,1- \ 1 . . 1 \ 10 0 \ I\ \ \ 0 II °I \ I I 1-71-- .-L-3.17,----7 t .,-‹ ,,--- '' .. -- \\--\ ‘- --\-- - .\ \k\ Y\-I\-- -.\ -i ....4IIll-ER- I. -, Id-- \\ , S.:,I \\ 1 i _-L...,_,i -4711 IL 1 I -I . 1• 1 PROPOSED 50' PROPOSED -',. TEMPORARY i , UTILITY ESMT 10' PUBUC . . LEELYNN INC & - . I Rive WILEY MT INC - 1 I - SEE DETAIL (191318-31539 ) -PROPOSED 109' Rpi .1-71 4-'-tir•i-IrE LEELYNN INC & WILEY MT INC ( 191318-21003 ) PARCEL NO. 191318-24001 19f 318-31539 191318-21003 OWNERSHIP LEELYNN INC & WILEY 1AT INC LEELYNN INC & WILEY MT INC LEELYNN INC & WILEY MT INC CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C27 62027' 650.00 71.93 S 642731" W 71.90 C28 94529* 449.48 76.55 N 6610'02. E 76.46 C29 17'01'19" 366.50 108.88 N 63'0230" E 108.48 C30 130554" 1100.00 251.47 S 61'04'47" W 250.92 C46 03024" 449.50 3.97 N 711757" E 3.97 EXISTING AREA 50,529k• 165,528*. 3268,780*• LINE BEARING LENGTH L15 N 543150" E 28.87 L16 N 0008.31' W 6.72 L27 5 713309" W 19.66 L28 N 182814* W 7.82 L29 N 894915' E 24.89 AREA TO BE ACQUIRED 4,177* SF 93± SF 77,796± SF REMAINING AREA 46,352* SF 165,435* SF 3,210,984* SF UDL EASEMENT AREA • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE 1,475* SF 376± SF 14,567* SF CONST. EASEMENT AREA 7.373± SF 4,195± SF 70.201* SF NOTES 410. HLA F.ogineering and Land SureTing Inc. 7203 Rim Road Yokimm, WA 911902 509.966.7000 F44509.9653800 www&10040.600 _.100O6i00 RP_LEEILISOINEll Lep., tROATE0 P200 PER 1.0010222 00111.12 01-3-16 F., UPORIES f.1/P92) 11-14-16 11-1-18 Joe NI418E0:10ARE 1.2 r 10-28-16 FILE NMIES PLANDRAM.. 5...22.2.2 . 11062.. CITY OF YAKIMA BRAVO COMPANY BOULEVARD 122.5:001 CAT RIGHT OF WAY PLANS 5 14 HU. LEELYNN INC & WILEY MT INC ( 191318-12001 ) PROPOSED 50' TEMPORARY CONSTRUCTION ESMT. E4, O0 S-:.f 'A_�SOUTHEAST HffT 5 CORNER OF PARCEL "D' /A F4.0.0. `J81701941 PROPOSED 117.5' R/W,1 SOUTHWEST CORNER OF PARCEL "C" 10' PUBUC -- ---- UTILITY ESMT. ���--L. R/W 11044.i.. I..� ... _l. '. 11./_.1' / jf /. PROPOSED 10' PUBUC unuTY ESMT. r/ i.%-1..�.7% PROPOSED 50' TEMPORARY CONSTRUCTION ESMT. LEELYNN INC & WILEY MT INC (_ 191318-12001 ) A a 4, 4' DES a0g LINE BEARING LENGTH L10 N 3149'53" E 4.00 L11 5 05'25'43' W 10.15 L12 N 3058'16" E 4.50 L13 N 20'01'37" W 3,11 L14 S 6848'03" W 22.11 L26 N 19'09'10" W 3.84 CURVE DELTA RADIUS LENGIN CHORD DIRECTION CHORD LENGTH C15 19'209" 542.50 183.74 N 4827'57" W 182.86 C16 102440" 538.50 97.85 N 6322'27' W 97.72 C17 10'00'25" 50.00 8.73 N 73'34'59' W 8.72 C18 3020'54' 97.00 64.92 5 0214'21" W 63.72 C19 72'22'34' 107.50 135.79 S 80'44'49' E 126.94 C20 60'40'25" 74.50 70.89 N 7453'44' W 75.26 C21 1811'00" 182.50 57.92 S 83'27'34" W 57,68 C22 8707'21' 66.50 101.12 N 48'59'23" E 91.65 C23 72'38'04" 90.00 114.09 S 30'53'19' E 108.61 C24 357'14' 200.00 13.80 S 69'10'58" E 13.80 C25 12'07'51' 656.00 138.89 N 65'05'40" W 138.63 C26 2015'56" 851.50 230.44 N 485348" W 229.24 C45 313'06" 64950 36.48 S 69'14'17' W 36.48 PARCEL N0. 191318-21003 OWNERSHIP LEELYNN INC & WILEY MT INC EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA UTL EASEMENT AREA CONST. EASEMENT AREA 191318-12001 191318-12001 LEELYNN INC & WILEY MT INC LEELYNN INC & WILEY MT INC 2,445,023t• SF 2,433,399t• SF 11,624t SF (PHASE 1) 191,497±SF (PHASE 2) 2,433,399i SF 2,241,902t SF • AREA PER YAKIMA COUNTY ASSESSOR'S OFT10E 2,133t SF (PHASE 11 14,868t SF (PHASE 4, 10.637i SF PHASE 1) 81767t SF PHASE 2) NOTES SEE SHEET 5 sS HLA Engineering and land Surveying, Inc. 2843 Rive Read Yakima, WA93902 509.9667000 Fa 509.9653800 UPDAIEO RAY PER IOCNNFR LAYLWr i -16 U011*01D R/W PER LOCHNER IAYOUI FINAL UPOAFES lvfIN,p J(Yt 1 9BFA !O.l i 062 -26_i8 FILE NAVES ORAPLAN 0 4+9 6ry CITY OF YAKIMA BRAVO COMPANY BOULEVARD REN5Ln1 0Al0 DESBNE0 BY. 00061 ENTERED OY. RIGHT OF WAY PLANS 6 14 City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 10, 2016 Parcel no:t1:9:131$-271003}:. That part of the hereinafter described Parcel "D", described as follows: Commencing at the Southeast corner of said Parcel "D"; Thence North 0°17'05" West along the Easterly line of said Parcel "D" 321.06 feet to the Point of Beginning; Thence South 74°46'03" West 66.17 feet; Thence North 20°01'37" West 3.11 feet; Thence South 68°48'03" West 22.11 feet; Thence South 67°37'44" West 312.10 feet to the point of curvature of a curve concave to the Southeast and having a radius of 650.00 feet; Thence Southwesterly along said curve consuming a central angle of 6°20'27" an arc length of 71.93 feet; Thence South 61°17'17" West 121.26 feet to the point of curvature of a curve concave to the Northwest and having a radius of 449.46 feet; Thence Southwesterly along said curve consuming a central angle of 9"45'29" an arc length of 76.55 feet to the South line of said Parcel "D"; Thence South 89°49'15" West along said South line 104.85 feet to the Southwest corner of said Parcel "D"; Thence North 0°08'31" West along the West line of said Parcel "D" 52.95 feet; Thence North 71 °33109" East 60.43 feet to the point of curvature of a curve concave to the Northwest and having a radius of 366.50 feet; Thence Northeasterly along said curve consuming a central angle of 17°01'19" an arc length of 108.88 feet; Thence North 54°31'50" East 28.87 feet to the point of curvature of a curve concave to the Southeast and having a radius of 1100.00 feet; Thence Northeasterly along said curve consuming a central angle of 13°05'54" an arc length of 251.47 feet; Thence North 67°37'44" East 212.05 feet to the point of curvature of a curve conave to the Southeast and having a radius of 649.50 feet; Thence Northeasterly along said curve consuming a central angle of 3°13'06" 36.48 feet; Thence North 19°09'10" West 3.84 feet; Thence North 74°22'04" East 97.15 feet to the East line of said Parcel "D"; Thence South 0°17'05" East along said East line 121.07 feet to the Point of Beginning. Situate in Yakima County, Washington. Parcel "D" That portion of Tract 13, Park Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 13, records of Yakima County, Washington and That portion of the North 1/2 of the Northwest 1/4 of Section 18, Township 13 North, Range 19, E.W.M., Tying Southwesterly of SR82 as conveyed to the State of Washington for highway by instrument recorded February 6, 1959 under Auditor's File No. 1757605, described as follows: Beginning 660 feet West of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 18, Township 13 North, Range 19, E.W.M,; thence East to the Northeast corner of the Northwest 1/4; thence South 2640 feet to the Southeast corner of the Northwest 1/4; thence West 737 feet; thence North 524 feet; thence North 8° West 1, 169 Feet; thence West 992 feet to the Northwest corner of Tract 5 of the Park Addition to North Yakima, now Yakima recorded in Volume A of Plats, Page 13, records of t Yakima County, Washington; thence North to the point of beginning, EXCEPT that portion conveyed to the City of Yakima be deed recorded March 27, 1997 under Auditor's File No. 70044099 described as follow: Beginning at the Northeast corner of the Northwest 1/4 of the Northwest 1/4 of Section 18, Township 13 North, Range 19, E.W.M.; thence South 89°44'34" West in and along the Northerly Section Line of said Section 18, 660 feet; thence South 0°11'50" East in and along a line which is also Easterly Right-of-way of North 4th Street, 100 feet to the true point of beginning; thence South 89°44'34" East in and along a line parallel with said Northerly Section Line of Section 18, 55 feet; thence South 0°11'50" East in and along a line parallel with said Easterly Right -of -Way of North 4th Street, 100 feet; thence South 89°44'34" West in and along a line parallel with said Northerly Section Line of Section 18, 55 feet; thence North 0°11'50' West in and along a line which is also the Easterly Right -of -Way of North 4th Street, 100 feet to the point of beginning, AND EXCEPT that portion of the following described property lying in said North 1/2 of the Northwest 1/4 of Section 18, Township 13 North, Range 19, E.W.M., to wit: Commencing at the Southeast corner of the Southwest 1/4 of Section 7, Township 13 North, Range 19, E.W.M., thence South 88°31'26" East along the South line of said Section 7, 1,833.07 Feet to the point of beginning; thence North 76°50'00" East 156.31 feet; thence North 0°30'00" East 145.77 feet; thence North 21 °23'00" East 186.27 feet; thence North 52°48'00" East 109.07 feet; thence South 32°34'00" East 520.00 feet; thence South 35°45'00" East 194.00 feet; thence South 71 °15'00" West 178.00 feet; thence North 88°00'00" West 127.00:feet; thence North 68°15'00 West 116.00 feet; thence North 88°00'00" West 298.48 feet; thence North 00°00'00" East 174.30 feet to the point of beginning, AND That portion of the Southeast 1/4 of the Southwest 1/4 of Section 7, Township 13 North, Range 19, E.W.M., lying Southwesterly of SR82 as conveyed to the State of Washington for highway by instrument recorded February 6, 1959, under Auditor's File No. 1757605, and the Northeasterly of the following described line; Commending at the Southeast corner of the Southwest 1/4 of said Section 7; thence South 88°31'26" East along the South line of said Section 7, 1,833.07 feet to the point of beginning; thence North 76°50'00' East 156.31 feet; thence North 0°30'00' East 145.77 feet; thence North 21 °23'00' East 186.27 feet; thence North 52°48'00" East 109.07 feet; thence North 23°53"00' West 198.90 feet to the true point of beginning of the herein described line; thence South 23°53"00' East 198.90 feet; thence South 32°34'00" East 520.00 feet; to the South line of said Southeast 1/4 of the Southwest 1/4 of Section 7, Township 13 North, Range 19, E.W.M., and the terminus of the herein described line. City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 14, 2016 Parcel no:x;.r191:3i118-21O.03 (10' Public Utility Easement) That part of the hereinafter described Parcel "D", described as follows, being a strip of land 10.00 feet in width the Northerly and Westerly line described as follows: Commencing at the Southeast corner of said Parcel "D'; Thence North 0°17'05" West along the Easterly line of said Parcel "D" 321.06 feet to the Point of Beginning of said line; Thence South 74°46'03" West 66.17 feet; Thence North 20°01'37" West 3.11 feet; Thence South 68°48'03" West 22.11 feet; Thence South 67°37'44" West 312.10 feet to the point of curvature of a curve concave to the Southeast and having a radius of 650.00 feet; Thence Southwesterly along said curve consuming a central angle of 6°20'27" an arc length of 71.93 feet; Thence South 61 °17'17" West 121.26 feet to the point of curvature of a curve concave to the Northwest and having a radius of 449.46 feet; Thence Southwesterly along said curve consuming a central angle of 9°45'29" an arc length of 76.55 feet to the South line of said Parcel "D" and terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel "D", described as follows, being a strip of land 10.00 feet in width the Southerly and Easterly line described as follows: Commencing at the Southwest corner of said Parcel "D"; Thence North 0°08'31" West along the West line of said Parcel "D" 52.95 feet to the Point of Beginning of said line; Thence North 71 °33'09" East 60.43 feet to the point of curvature of a curve concave to the Northwest and having a radius of 366.50 feet; Thence Northeasterly along said curve consuming a central angle of 17°01'19" an arc length of 108.88 feet; Thence North 54°31'50" East 28.87 feet to the point of curvature of a curve concave to the Southeast and having a radius of 1100.00 feet; Thence Northeasterly along said curve consuming a central angle of 13°05'54 an arc length of 251.47 feet; Thence North 67°37'44" East 212.05 feet to the point of curvature of a curve concave to the Southeast and having a radius of 649.50 feet; Thence Northeasterly along said curve consuming a central angle of 3°13'06" 36.48 feet; Thence North 19°09'10" West 3.84 feet; Thence North 74°22'04" East 97.15 feet to the East line of said Parcel "D" and terminus of said line; Parcel "D" That portion of Tract 13, Park Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 13, records of Yakima County, Washington and That portion of the North 1/2 of the Northwest 1/4 of Section 18, Township 13 North, Range 19, E.W.M., lying Southwesterly of SR82 as conveyed to the State of Washington for highway by instrument recorded February 6, 1959 under Auditor's File No. 1757605, described as follows: Beginning 660 feet West of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 18, Township 13 North, Range 19, E.W.M,; thence East to the Northeast corner of the Northwest 1/4; thence South 2640 feet to the Southeast corner of the Northwest 1/4; thence West 737 feet; thence North 524 feet; thence North 8° West 1, 169 Feet; thence West 992 feet to the Northwest corner of Tract 5 of the Park Addition to North Yakima, now Yakima recorded in Volume A of Plats, Page 13, records oft Yakima County, Washington; thence North to the point of beginning, EXCEPT that portion conveyed to the City of Yakima be deed recorded March 27, 1997 under Auditor's File No. 70044099 described as follow: Beginning at the Northeast corner of the Northwest 1/4 of the Northwest 1/4 of Section 18, Township 13 North, Range 19, E.W.M.; thence South 89°44'34" West in and along the Northerly Section Line of said Section 18, 660 feet; thence South 0°11'50" East in and along a line which is also Easterly Right-of-way of North 4th Street, 100 feet to the true point of beginning; thence South 89°44'34" East in and along a line parallel with said Northerly Section Line of Section 18, 55 feet; thence South 0°11'50" East in and along a line parallel with said Easterly Right -of -Way of North 4th Street, 100 feet; thence South 89°44'34" West in and along a line parallel with said Northerly Section Line of Section 18, 55 feet; thence North 0°11'50' West in and along a line which is also the Easterly Right -of -Way of North 4th Street, 100 feet to the point of beginning, AND EXCEPT that portion of the following described property lying in said North 1/2 of the Northwest 1/4 of Section 18, Township 13 North, Range 19, E.W.M., to wit: Commencing at the Southeast corner of the Southwest 1/4 of Section 7, Township 13 North, Range 19, E.W.M., thence South 88°31'26" East along the South line of said Section 7, 1,833.07 feet to the point of beginning; thence North 76°50'00" East 156.31 feet; thence North 0°30'00" East 145.77 feet; thence North 21 °23'00" East 186.27 feet; thence North 52°48'00" East 109.07 feet; thence South 32°34'00" East 520.00 feet; thence South 35°45'00" East 194.00 feet; thence South 71°15'00" West 178.00 feet; thence North 88°00'00" West 127.00 feet; thence North 68°15'00 West 116.00 feet; thence North 88°00'00" West 298.48 feet; thence North 00°00'00" East 174.30 feet to the point of beginning, AND That portion of the Southeast 1/4 of the Southwest 1/4 of Section 7, Township 13 North, Range 19, E.W.M., Tying Southwesterly of SR82 as conveyed to the State of Washington for highway by instrument recorded February 6, 1959, under Auditor's File No. 1757605, and the Northeasterly of the following described line; Commending at the Southeast corner of the Southwest 1/4 of said Section 7; thence South 88°31'26" East along the South line of said Section 7, 1,833.07 feet to the point of beginning; thence North 76°50'00' East 156.31 feet; thence North 0°30'00' East 145.77 feet; thence North 21 °23'00' East 186.27 feet; thence North 52°48'00" East 109.07 feet; thence North 23°53"00' West 198.90 feet to the true point of beginning of the herein described line; thence South 23°53"00' East 198.90 feet; thence South 32°34'00" East 520.00 feet; to the South line of said Southeast 1/4 of the Southwest 1/4 of Section 7, Township 13 North, Range 19, E.W.M., and the terminus of the herein described line. City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 14, 2016 Parcel ry 1;9$'31,8=24003 - (50' Temporary Construction Easement) That part of the hereinafter described Parcel "D", described as follows, being a strip of land 50.00 feet in width the Northerly and Westerly line described as follows: Commencing at the Southeast corner of said Parcel "D"; Thence North 0°17'05" West along the Easterly line of said Parcel "D" 321.06 feet to the Point of Beginning of said line; Thence South 74°46'03" West 66.17 feet; Thence North 20°01'37" West 3.11 feet; Thence South 68°48'03" West 22.11 feet; Thence South 67°37'44" West 312.10 feet to the point of curvature of a curve concave to the Southeast and having a radius of 650.00 feet; Thence Southwesterly along said curve consuming a central angle of 6°20'27" an arc length of 71.93 feet; Thence South 61°17'17" West 121.26 feet to the point of curvature of a curve concave to the Northwest and having a radius of 449.46 feet; Thence Southwesterly along said curve consuming a central angle of 9°45'29" an arc length of 76.55 feet to the South line of said Parcel "D" and terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel "D", described as follows, being a strip of land 50.00 feet in width the Southerly and Easterly line described as follows: Commencing at the Southwest corner of said Parcel "D"; Thence North 0°08'31" West along the West line of said Parcel "D" 52.95 feet to the Point of Beginning of said line; Thence North 71 "33'09" East 60.43 feet to the point of curvature of a curve concave to the Northwest and having a radius of 366.50 feet; Thence Northeasterly along saidcurve consuming a central angle of 17°01'19" an arc length of 108.88 feet; Thence North 54°31'50" East 28.87 feet to the point of curvature of a curve concave to the Southeast and having a radius of 1100.00 feet; Thence Northeasterly along said curve consuming a central angle of 13°05'54" an arc length of 251.47 feet; Thence North 67°37'44" East 212.05 feet to the point of curvature of a curve concave to the Southeast and having a radius of 649.50 feet; Thence Northeasterly along said curve consuming a central angle of 3°13'06" 36.48 feet; Thence North 19°09'10" West 3.84 feet; Thence North 74°22'04" East 97.15 feet to the East line of said Parcel "D" and terminus of said line; Parcel "D" That portion of Tract 13, Park Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 13, records of Yakima County, Washington and That portion of the North 1/2 of the Northwest 1/4 of Section 18, Township 13 North, Range 19, E.W.M., Tying Southwesterly of SR82 as conveyed to the State of Washington for highway by instrument recorded February 6, 1959 under Auditor's File No. 1757605, described as follows: Beginning 660 feet West of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 18, Township 13 North, Range 19, E.W.M,; thence East to the Northeast corner of the Northwest 1/4; thence South 2640 feet to the Southeast corner of the Northwest 1/4; thence West 737 feet; thence North 524 feet; thence North 8° West 1, 169 Feet; thence West 992 feet to the Northwest corner of Tract 5 of the Park Addition to North Yakima, now Yakima recorded in Volume A of Plats, Page 13, records of t Yakima County, Washington; thence North to the point of beginning, EXCEPT that portion conveyed to the City of Yakima be deed recorded March 27, 1997 under Auditor's File No. 70044099 described as follow: Beginning at the Northeast corner of the Northwest 1/4 of the Northwest 1/4 of Section 18, Township 13 North, Range 19, E.W.M.; thence South 89°44'34" West in and along the Northerly Section Line of said Section 18, 660 feet; thence South 0°11'50" East in and along a line which is also Easterly Right-of-way of North 4th Street, 100 feet to the true point of beginning; thence South 89°44'34" East in and along a line parallel with said Northerly Section Line of Section 18, 55 feet; thence South 0°11'50" East in and along a line parallel with said Easterly Right -of -Way of North 4th Street, 100 feet; thence South 89°44'34" West in and along a line parallel with said Northerly Section Line of Section 18, 55 feet; thence North 0°11'50' West in and along a line which is also the Easterly Right -of -Way of North 4th Street, 100 feet to the point of beginning, AND EXCEPT that portion of the following described property lying in said North 1/2 of the Northwest 1/4 of Section 18, Township 13 North, Range 19, E.W.M., to wit: Commencing at the Southeast corner of the Southwest 1/4 of Section 7, Township 13 North, Range 19, E.W.M., thence South 88°31'26" East along the South line of said Section 7, 1,833.07 feet to the point of beginning; thence North 76°50'00" East 156.31 feet; thence North 0°30'00" East 145.77 feet; thence North 21 °23'00" East 186.27 feet; thence North 52°48'00" East 109.07 feet; thence South 32°34'00" East 520.00 feet; thence South 35°45'00" East 194.00 feet; thence South 71 °15'00" West 178.00 feet; thence North 88°00'00" West 127.00 feet; thence North 68°15'00 West 116.00 feet; thence North 88°00'00" West 298.48 feet; thence North 00°00'00" East 174.30 feet to the point of beginning, AND That portion of the Southeast 1/4 of the Southwest 1/4 of Section 7, Township 13 North, Range 19, E.W.M., lying Southwesterly of SR82 as conveyed to the State of Washington for highway by instrument recorded February 6, 1959, under Auditor's File No. 1757605, and the Northeasterly of the following described line; Commending at the Southeast corner of the Southwest 1/4 of said Section 7; thence South 88°31'26" East along the South line of said Section 7, 1,833.07 feet to the point of beginning; thence North 76°50'00' East 156.31 feet; thence North 0°30'00' East 145.77 feet; thence North 21 °23'00' East 186.27 feet; thence North 52°48'00" East 109.07 feet; thence North 23°53"00' West 198.90 feet to the true point of beginning of the herein described line; thence South 23°53"00' East 198.90 feet; thence South 32°34'00" East 520.00 feet; to the South line of said Southeast 1/4 of the Southwest 1/4 of Section 7, Township 13 North, Range 19, E.W.M., and the terminus of the herein described line. NNs 1/4 , 82e.1 B, TI 134., 51.19!E, ( 191318-21003 ) DENOTES SURVEY MONUMENT FOUND cg19 1/4 10, I',i3N1., 55.79E., V§14, kE 1/4 , SEC.18, T.151i., 51.1OC.., 641.Rt. R/W - Phase 2 N.l ( 191318-12001 ) nu 1 ,1NERN 1,0 ( 191318-42001 ) R/W - phase 1 \ 191318141001 INTERSECTION OF THE CENTER UNE OF STREET AND THE EAST UNE OF BLOCK 186 OP THE COLLEGE ADDITION TO NORTH YAKIMA. 1J41, adC. 18, 7.13N., R.18E., M.5i1. —FAIR AVE. �NG 0 sS HLA Engineering ad Land Surveying Lot 2803 Kim Roa1 Y,ko,O WA 98902 109 9669000 FAA 309.965.1800 ww.Heoiv9 Wm UPDATED RA PER LOCHNER 021991 UPDATED RA PER OAK, LAVOMT 6IIMAL MPOA1ES (PHI/PHI) st-t- 11-3-18 11-14-18 I �0E2 ER I a 3 -1G PRE NAMES DRAWING ...A.., PLAN. ROUE/RR CITY OF YAKIMA BRAVO COMPANY BOULEVARD PATE En1EltOE4 ON E0 B�. RIGHT OF WAY PLANS 2i 14 LEELYNN INC & WILEY MT INC j(1&191318'24001R1) DE 104, NW 5104, DEC. 1D, 1j,'9NlC Vie• ?.1N4lE„ LEELYNN INC & WILEY MT INC PROPOS \ \ 3 1 I/ I0' PUBLITY ESMT. - T'------ - i I , j I ! ' j VARIES i L. ( 191318-21003 ' ST ,v • SEE DETAIL I\ 7'•3'09t �atP- j�i:.lt.� i I _f I lam_-` {, Y 11 i I w VARIES i i ! j N ! ;! ''I\ 1II\��� !'1 i\ 11 j1i ' 2, I' ��=i= �__� �__.._�:__-___-PROPOSED 50' rl _ ____��� \ TEMPORARY CONSTRUCNON FG T LEELYNN INC & t ,\ WILEY MT INC N.0,8. V794/416 PROPOSED 50' 'TEMPORARY CONSTRUCTION ESMT. --�j (I —7\ it ' it ! __1_11 ( 19 318-31539 ) 54.50' 54.50' PROPOSED 10' PUBLIC UTILITY ESMT PROPOSED 109' R/11/ 11 73r44 C3� y,' 111! 11iII + � ` ! 'I 1 L 1 1 •I ! II` I ,1 ! L ' L LEELYNN INC & WILEY MT INC ( 191318-21003 ) PARCEL NO. 191318-24001 191318-31539 191318-21003 OWNERSHIP LEELYNN INC & 1WLEY MT INC LEELYNN INC & W1LEY MT INC LEELYNN INC & WILEY MT INC CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C27 620'27• 650.00 71.93 S 6477'31' W 71.90 C28 914579' 449.46 76.55 N 6610'02' E 76.46 C29 17171'19' 366.50 108.88 N 63'02'30" E 108 48 ' C30 13'05'54' 1100.00 251.47 5 61'04'47' W 250.92 046 0'30'24" 449.50 3.97 N 7117'57" E 3.97 EXISTING AREA 50,5293• 165,528*. 3,288,7803• LINE BEARING LENGTH L15 N 54'31'50' E 28.67 L16 N 00'08'31' W 6.72 L27 5 71'33'09' W 19.66 128 N 1828'14' W 7.82 L29 N 89'49'15' E 24.99 AREA TO BE ACOUIRED 4,1773 SF 933 SF 77,7963 SF REMAINING AREA 46,3523 SF 165,4353 SF 3,2113,984f,SF UTIL EASEMENT AREA • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE 1,4753 5F 3763 SF 14.567* SF CONST. EASEMENT AREA 7,3733 SF 4,1953 SF 70,2013 SF fQf NOTES # LA En 'nefimg and Lind Surveying Int 2803 Rivet Road Y±Cma, WA 98902 3099667000 Faa 309 9653800 www Macivil.mte OKAIEO R.^w PER LOCHNER I AVM O .ARV V. PER ,,OCNNER 1ATOot nxµ 1,POAIFS IPi1/PN21 1-16 -3-16 11,1-16 .a16 NIWRER' OOR. t 062 -38-16 OLE HANES ORAaaNG: Mtt0Ow62.Ory t .CaR FLAX. CITY OF YAKIMA BRAVO COMPANY BOULEVARD RENS. DAM 0EVGNEu . ENLEREO BY7. RIGHT OF WAY PLANS 5 or 14 City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 10, 2016 Parcelarkin1.91318;24001w That part of the hereinafter described Parcel "E", described as follows: Beginning at the Southwest corner of said Parcel "E"; Thence North 0°0831" West along the West line of said Parcel "E" 6.72 feet; Thence North 71°33'09" East 147.46 feet to the East line of said Parcel "E"; Thence South 008'31" East along said East line 52.95 feet to the South line of said Parcel "E"; Thence South 89°49'15" West along said South line 140.00 feet to the Point of Beginning; Situate in Yakima County, Washington. Parcel "E'' All that portion of Lot 13, PARK ADDITION TO NORTH YAKIMA, NOW YAKIMA, recorded in Volume 'A' of Plats, Page 13, records of Yakima County, Washington described as follows: Beginning at the Southeast corner of said Lot 13; Thence North 480 feet; Thence South 29°West 290 feet to the West line of the East 140 feet of said Lot 13; Thence South 240 feet to the Southwest corner of the East 140 feet of said Lot 13; Thence East 140 feet to the Point of Beginning; Together with that portion of vacated 7th Street, if any, which would attach by operation of law. City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 14, 2016 Parcel no19141`824001`=(10' Public Utility Easementl That part of the hereinafter described Parcel "E", being a strip of land 10.00 feet in width the Southerly line described as follows: Commencing at the Southwest corner of said Parcel "E"; Thence North 0°08'31" West along the West line of said Parcel "E" 6.72 feet to the Point of Beginning of said line; Thence North 71°33'09" East 147.46 feet to the East line of said Parcel "E" and terminus of said line; Parcel "E" All that portion of Lot 13, PARK ADDITION TO NORTH YAKIMA, NOW YAKIMA, recorded in Volume 'A' of Plats, Page 13, records of Yakima County, Washington described as follows: Beginning at the Southeast corner of said Lot 13; Thence North 480 feet; Thence South 29°West 290 feet to the West line of the East 140 feet of said Lot 13; Thence South 240 feet to the Southwest corner of the East 140 feet of said Lot 13; Thence East 140 feet to the Point of Beginning; Together with that portion of vacated 7ih Street, if any, which would attach by operation of law. City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 14, 2016 Parcel nfo" 19�1`°3:18-24001 — (50' Temporary Construction Easement) That part of the hereinafter described Parcel "E", being a strip of land 50.00 feet in width the Southerly line described as follows: Commencing at the Southwest corner of said Parcel "E"; Thence North 0°08'31" West along the West line of said Parcel "E" 6.72 feet to the Point of Beginning of said line; Thence North 71 °33'09" East 147.46 feet to the East line of said Parcel "E" and terminus of said line; Parcel "E" All that portion of Lot 13, PARK ADDITION TO NORTH YAKIMA, NOW YAKIMA, recorded in Volume 'A' of Plats, Page 13, records of Yakima County, Washington described as follows: Beginning at the Southeast corner of said Lot 13; Thence North 480 feet; Thence South 29°West 290 feet to the West line of the East 140 feet of said Lot 13; Thence South 240 feet to the Southwest corner of the East 140 feet of said Lot 13; Thence East 140 feet to the Point of Beginning; Together with that portion of vacated 7th Street, if any, which would attach by operation of law. ( 191318-21003 ) e DENOTES SURVEY MONUMENT FOUND SIM 1/4 , C. le, 1/4 SEC. le, R.19,7.., R/W - Phase 2 (191318-12001 ) s/4's8,0NO ko NI c,i2ja.,-- 8.145 ( 191318-42001 ) INTERSECTION OF THE CENTER UNE OF "D- STREET AND ME EAST UNE OF BLOCK 186 OF- — - THE COLLEGE ADDIMON TO NORTH YAKiMA. SE 1/.91, SEjn. 18, H.1218., °v.‘%46‘.. , =FAIR AVE. r- 4 !e 4,2 LA Engineering and Land Surveying, Inc. 1603 Riva Road Ytkum, WA 98902 09.9663000 1091613150 BPDALE0 RiVe PER LOCHMER L490U1 BROOM), RAL PER LOOINER IAMBI 9eL00 BPO0955 (P9(9B911 1-10-18 4'n"or'ro—In-le rti, MAULS: DRAW. SR.L$POLYpos0 PL., 1‘062 CITY OF YAKIMA BRAVO COMPANY BOULEVARD PALE BELPGRED BY EWERED 0, RIGHT OF WAY PLANS 2 14 • LEELYNN INC & WILEY MT INC ( 191318-24001 ) eE 904, V1W 9/'4, SEC. 9S, H.9©C ., LEELYNN INC & WILEY MT INC R.O.S. 2786889 ( 191318-21003 ) PROPOSED 50 54.50' TEMPORARY CONSTRUCTION ESMT. PROPOSED 10' PUBUC UTILITY ESM7. VARIES 1.L., -T VARIES 1 I I I 1 II ' . ' I SEE DETAIL 1wI is\ I i I ' ' f.,`i I' I - i �_ I \ 'III1 \:_l--=--5---- �- 1�IlI_ ���� _ � - PROPOSED 50' -1:"--.......... \ TEMPORARY I �I I —'--\ �� _ ._ \ CONSTRUCTION (, I \ SMT. — — .I LEELYNN INC & ___-_--'� R/W R I � WILEY MT INC \ (191318-31539..1 ti —54.50' PROPOSED 10' PUBUC uTIUTY ESMT PROPOSED 09' R/W \_1\ \llr 67'374f E • .L1. _y272.OQ ..E2711.i l l L� LEELYNN INC & WILEY MT INC ( 191318-21003 ) PARCEL NO. 191318-24001 OYMERSNIP LEELYNN INC & YALEY MT INC EXISTING AREA 50,529t• AREA TO BE ACQUIRED 41773 SF REMAINING AREA 48,352* 5F UTIL. EASEMENT AREA 1 475* SF CONST. EASEMENT AREA 7 373* SF NOTES 191318-31539 191318-21003 LEELYNN INC & WILEY MT INC LEELYNN INC & YALEY MT INC CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C27 610'27' 850.00 71.93 S 64'27'31" W 71.90 C28 9'45'29' 449.48 78.55 N 6810'02' E 76.48 C29 170119- 366.50 108.88 N 63'02'30- E 108.48 C30 13'05'54' 1100.03 251.47 5 6104'47- W 250.92 C46 0'30'24' 449.50 3.97 N 7117'57" E 3.97 185,5283• 3,26E1,780i. UNE BEARING LENGTH LI5 N 54'31'50' E 28.87 LI6 N 00128'31' W 8.72 L27 S 71'33'09' W 19.66 L28 N 18'28'14- W 7.82 L29 N 89'49'15" E 24.89 933 SF 77,7963 5F 165,435* SF 3,210,984* SF • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE DETAIL - N.T.S. <79 tj 1_27 F- In C46 376* SF 14 5673 SF 4,1953 SF 70,201* SF 4® Engineering andg.A05 2603 River Road Y•Nmti WA 92902 309.9667000 Fa 509965.3800 w.w.M.d ilmm UPOAICD RM PER LOPPRR LA,P), UPDATED RM PER LOSNNt4 LAYOU* FINK UPD.25 (0.3/P02) 1-1-16 4113 HUUE220I0816 962 ,}�e AE NMES DR.9v9NG SM1•eIADW Ev9 PUN11062.9 CITY OF YAKIMA BRAVO COMPANY BOULEVARD RENSION DATE DEsaED 9Y. ...RED OY. RIGHT OF WAY PLANS 5 or 14 City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 10, 2016 Parcel no 5:19131.8-31.539:,' -, That part of the hereinafter described Parcel "F", described as follows: Beginning at the Northwest corner of said Parcel "F"; Thence North 89°49'15" East along the North line of said Parcel "F" 24.89 feet; Thence South 71 °33'09" West 19.66 feet to the West line of said Parcel "F"; Thence North 18°28'14" West along said West line 7.82 feet to the Point of Beginning; Situate in Yakima County, Washington. Parcel "F" Lots 1-16, Block 143 and Lots 11-16, Block 163, COLLEGE ADDITION TO THE CITY OF NORTH YAKIMA, NOW YAKIMA, as recorded in Volume 'A' of Plats, Page 43, records of Yakima County, Washington: Together with that portion of vacated streets and alleys, if any, accruing thereof. City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 14, 2016 Parcel no. t91.31.8.31539; (10' Public Utility Easement) That part of the hereinafter described Parcel "F", being a strip of land 10.00 feet in width the Northerly line described as follows: Beginning at the Northwest corner of said Parcel "F"; Thence South 18°28'14" East along the West line of said Parcel "F" 7.82 feet to the Point of Beginning; Thence North 71 °33'09" East 19.66 feet to the North line of said Parcel "F" and terminus of said line; Parcel "F" Lots 1-16, Block 143 and Lots 11-16, Block 163, COLLEGE ADDITION TO THE CITY OF NORTH YAKIMA, NOW YAKIMA, as recorded in Volume 'A' of Plats, Page 43, records of Yakima County, Washington. Together with that portion of vacated streets and alleys, if any, accruing thereof. City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 14, 2016 Parcel no. 9191'318-31539`" ` (50' Temporary Construction Easement), That part of the hereinafter described Parcel "F", being a strip of land 50.00 feet in width the Northerly line described as follows: Beginning at the Northwest corner of said Parcel "F"; Thence South 18°28'14" East along the West line of said Parcel "F" 7.82 feet to the Point of Beginning; Thence North 71 °33'09" East 19.66 feet to the North line of said Parcel "F" and terminus of said line; Parcel "F" Lots 1-16, Block 143 and Lots 11-16, Block 163, COLLEGE ADDITION TO THE CITY OF NORTH YAKIMA, NOW YAKIMA, as recorded in Volume 'A' of Plats, Page 43, records of Yakima County, Washington. Together with that portion of vacated streets and alleys, if any, accruing thereof. EXHIBIT D PLYWOOD PLANT ROW PROPERTY, PLYWOOD PLANT PROPERTY UTILITY EASEMENT AREA, AND PLYWOOD PLANT PROPERTY TEMPORARY CONSTRUCTION EASEMENT AREA LEGAL DESCRIPTIONS Cf \PI 1/4 , SES. 18 T13K, R.19E.,W.88. ( 191318-21003 ) IDIt NE 1/4 , SEC 18, K1SE., ve.m. R/W - Phase 2 191318-24001) (191318-12001 ) (1191319:742001' ) oBri ...... , o .....- .3 -------- .............,::::>....^y,.. 1 0 DENOTES SURVEY ''''.., , MONUMENT FOUND 13 SI 41 SE 1/4 , StC, 13, I j , ...A 1.1941,19.19E., VI.M, et171/4 , SEC. IS, 13N.J1.13E., W.GA. 5k0F0 \__c pi-- „Ac0 ' RNV - rhase 1 ,191318141001) INTERSECTION OF 1HE CENTER UNE OF "0" STREET AND THE EAST UNE OF BLOCK 186 OF - THE COLLEGE ADDITION TO NORTH YAKIMA. - — FAIR AVE. w+RLJ AlLA Eneneering and land Surveying Inc. 1213 Rival -Road Yakima, WA 96902 509166.7000 Fax 309.965.1300 UPDATED R/V1 PER WINER LWOW ,PDATO RPM PER ,00tHER 0*9009 6(91 °MAYES IPMVP,12) FLE NAMES DPAVANG I lost., CITY OF YAKIMA BRAVO COMPANY BOULEVARD REMSION DATE -NTERED BY. RIGHT OF WAY PLANS CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C3 1816'57" 688.50 219.69 S 0310'24' E 218.76 04 1956'29' 575.50 200.30 5 00'23'58' W 199.29 C7 2314'00' 688.50 279.19 S 16'55'04' W 277.28 C8 29.30'37' 151.50 78.03 N 13'48'46' C 77.17 C9 1513'57' 575.50 156.35 S 18'09'11" W 155.87 C10 35133'38' 151.50 92.71 N 1810'21" W 91.27 C11 1712'12" 151.50 47.25 N 44'58'17' W 47.06 . C32 1650'51' 245.50 72.19 N 4626'53" W 71.93 C33 20'46'14" 76.50 27.73 S 48'2415' E 27.58 C34 6314'23' 26.50 29.40 N 8925'06" E 27.92 C35 2610'03" 76.50 35.38 N 4422'53" E 35.07 C36 1012910' 71.50 126.65 S 22'12'40" E 110.73 C40 82109'17- 71.50 102.52 S 6936'43" W 93.96 C41 215'55' 575.50 26.10 S 27'14'07' W 26.10 'PROP' 113'R/W / // /56.50'' 414.4 ST LINE BEARING LENGTH LB N 2812'05" E 23.36 L17 N 28'32'05' E 6.29 1-21 N 2812'05" E 43.40 y SIB V1',,. �I rSEC. 10., LEELYNN INC & WILEY MT INC (.19.1318-42001..) 99.a.x. 9886808 PROPOSED 50' TEMPORARY CONSTRUCTION ESMT:.,_ PROPOSED / / / 113' R/W// / j -!14 PROPOSED 50 TEMPORARY //58.50/ ESMT. UCTON � / / ESMT. PROPOSED 10' PUBLIC UTILITY ESMT. _ L PROPOSED 10' PUBLIC ' UTIUTY ESMT. a.o.a, 769666i BOISE CASCADE n.o.x. Y48a840 CORP. R.O.O. 5100994 (191318-41001 ) !i1/ i ///t 1 / 1 / SEE SHEET 7 FOR CON C' A110N lINUA RON PARCEL N0. 191318-41001 OWNERSHIP BOISE CASCADE CORP. 191318-42001 LEELYNN INC & WILEY MT INC EXISTING AREA 517,4933• REMAINING AREA UTIL EASEMENT AREA CONST. EASEMENT AREA NOTES SEE SHEET 3 47,5903 SF 469,903± SF • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE 8,940± SF 43,684± SF #. HLA EnginetrigandLandSurveying, Int 2803 Riva Rood Ylkmo,, WA 98902 509.966.7000 Fax 509.9653800 ww MeriW an JPDA1EO R/9 PEN 1.0CNNEA AAYCI)1 - -18 000AIE9 RAY PER 0OCNNEN LAvp11 PNM OPDATES (PN1NN2) 1 4t JOB 111.1NEN:IDAIF. 063 0-2E-I8 RAE N.ES BRAWNG: 4.11 10Vid y PLAN 092<•9 CITY OF YAKIMA BRAVO COMPANY BOULEVARD REu140+ I 001E OES.EO OY. MIMEO BY RIGHT OF WAY PLANS 4 14 E AREA TO BE ACQUIRED CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH 'C8 29'30'37" 151.50 78.03 N 13'46'46" E 77.17 C33 20148'14' 76.50 27.73 S 487435" E 27.58 C10 35103'38" 151.50 92.71 N 1830'21" W 91.27 C34 6334'23" 28.50 29.40 N 13925'06" E 27.92 .C11 1752'12" 151.50 47.25 N 4456'17" W 47.06 C35 26'30'03' 78.50 35.38 N 4422'53" E 35.07 C12 4'30'32" 790.00 6217 5 5139'07" E 62.15 C36 10129'30" 71.50 126.65 5 2212'40" E 110.73 C13 10'38'03' 786.00 145.88 5 44V4'49" E 145.67 C40 82' 9'1r 71.50 102.52 5 6036'43" W 93.96 C14 2'40'29" 677.00 31.60 5 4012'48" E 31.60 C41 2-35'S5" 575.50 26.10 S 2714'0r W 26.10 C31 1319'16" 677.00 157.40 5 4812'41" E 157.05 C44 1'49'03" 677.00 21.47 5 39'47'05" E 21.47 C32 I600'51" 245.50 72.19 N 46'26'53" W 71.93 LEELYNN INC & WILEY MT INC ( 191318-12001 ) 60' R/W R 0,8 90139866 BOISE CASCADE coNnuwll�^ CORP \ --- SEE SHEET 14 F ( 191318-41001 ) SEE1I PJL 58.50'__,_ 'PROPOSED rj 7 N 38'45 ` W--.-=5 3845'48" .83•,.991_N 7-7 ---- PROPOSE() 50' 50'R/W R.O.B. 7900840 TEMPORARY R.0.8. 0866850 CONSTRUCTION ESMT. LEELYNN INC & WILEY MT INC (191318,42001 P01NT "G , -' /;1 �'G. 1. � 3���ao u11.'i ? L, hry/.RM, w' C 4E i1 oa ONS LINE BEARING LENGTH L8 N 28'32'05" E 23.36 L9 S 40'36'09" W 4.00 L17 N 28'32'05' E 6.29 L21 N 28'32'05' E 43.40 L23 N 18'30'21' W 20.00 L24 S 7133.58" W 11.69 L25 N 71'33'58" E 3.90 ON Sf m PARCEL NO. OWNERSHIP EXISTNG AREA AREA TO BE ACQUIRED REMAINING AREA UTIL EASEMENT AREA CONST. EASEMENT AREA NOTES 191318-12001 LEELYNN INC & WILEY MT INC SEE SHEET 6 191318-41001 LEELYNN INC & WILEY M7 INC SEE SHEET 3 191318-42001 LEELYNN INC & WILEY MT INC SEE SHEET 4 BNSF RAILWAY 10,0453 SF.. 13,138* SF • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE *• INCLUDES ROADWAY AND UTUTY EASEMENT BOISE CASCADE CORP ( 191318-41001 ) HLA Engineering and land Sumba, Inc. 2R03 RivnRood Yakima, WA 98902 509.966.7000 Fax 509965.7800 W1.a.e5clalcom 0904TE0 APB PER LOCw+ER TATO , VADAT:A R/W PER LOCWRER LAv00t �44L VPp41ES (.1/4u7) II-I-1e +-0-te 1-14-16 .we w1+BER.lO41E. 1 062 la-xB-+e Fe.[ 1.'4VE4 ORµAA1C: Sh"et4ROWdep L 11062.., CITY OF YAKIMA BRAVO COMPANY BOULEVARD DATE AMC -AM BY DOE.0 BY RIGHT OF WAY PLANS 7 14 City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 9, 2016 Parcel rio:,;1913182001r That part of the hereinafter described Parcel "B", described as follows: Commencing at the Northeast corner of said Parcel "B"; Thence South 71 °33'58" West along the North line thereof 11.69 feet to a point on a curve concave to the Northeast, center of said curve bearing North 51 °07'27" East 677.00 feet, said point being the Point of Beginning; Thence Southeasterly along said curve consuming a central angle of 2°40'29" an arc length of 31.60 feet to the Easterly line of said Parcel "B"; Thence South 18°30'21" East along said Easterly line 234.75 feet to a point on a curve concave to the West, center of said curve bearing South 53°57'50" West 151.50 feet; Thence Northwesterly along said curve consuming a central angle of 1.7°52'11" an arc length of 47.25 feet to the beginning of a reverse curve concave to the Northeast, said curve having a radius of 790.00 feet; Thence Northwesterly along said curve consuming a central angle of 4°30'32" an arc length of 62.17 feet; Thence North 40°36'09" East 4.00 feet to a point on a curve concave to the Northeast, center of said curve bearing North 40°36'09" East 786.00 feet; Thence Northwesterly along said curve consuming a central angle of 10°38'03" an arc length 145.88 feet; Thence North 38°45'48" West 39.05 feet to the North line of said Parcel "B"; Thence North 71 °33'58" East along said North line 116.24 feet to the Point of Beginning. AND TOGETHER with that part of the hereinafter described Parcel "B", described as follows: Commencing at the Northeast corner of said Parcel "B"; Thence South 71 °33'58" West along the North line thereof 11.69 feet to a point on a curve concave to the Northeast, center of said curve bearing North 51 °07'27" East 677.00 feet; Thence Southeasterly along said curve consuming a central angle of 2°40'29" an arc length of 31.60 feet to the Easterly line of said Parcel "B"; Thence South 18°30'21" East along said Easterly line 234.75 feet to a point on a curve concave to the West, center of said curve bearing South 53°57'50" West 151.50 feet; Thence Southeasterly along said curve consuming a central angle of 35°03'38" an arc length of 92.71 feet to the Easterly line of said Parcel "B" and the Point of Beginning; Thence South 18°30'21" East along said Easterly line 182.07 feet to a point on a curve concave to the East, center of said curve bearing South 64°03'51" East 575.50 feet; Thence Southerly along said curve consuming a central angle of 15'33'57" an arc length of 156.35 feet to the Southerly line of said Parcel "B"; Thence South 71 °29'39" West along said Southerly line 125.97 feet to a point on a curve concave to the East, center of said curve bearing South 84°41'56" East 688.50 feet; Thence Northerly along said curve consuming a central angle of 23°14'00" an arc length of 279.19 feet; Thence North 28°32'05" East 23.36 feet to the point of curvature of a curve concave to the West, said curve having a radius of 151.50 feet; Thence Northerly along said curve consuming a central angle of 29°30'37" an arc length of 78.03 feet to the Point of Beginning; AND TOGETHER with that part of the hereinafter described Parcel "B", being a strip of land 20.00 in width and described as follows: Beginning at the Northeast corner of said Parcel "B"; Thence South 71 °33'58" West along the North line thereof 11.69 feet to a point on a curve concave to the Northeast, center of said curve bearing North 51 °07'27" East 677.00 feet; Thence Southeasterly along said curve consuming a central angle of 1°49'03" an arc length of 21.47 feet to a point that is 20.00 feet Southerly of the North line of said Parcel "B" as measured perpendicular thereto; Thence North 71 °33'58" East parallel to said North line 3.90 feet to the Easterly line of said Parcel "B"; Thence North 18°30'21" West along said East line 20.00 feet to the Point of Beginning; Parcel "B" All that part of the Northwest quarter of the Southeast quarter of Section 18, Township 13 North, Range 19 East, W.M., described as follows: Beginning at the intersection of the Southerly right of way line of the Moxee Branch of the Northern Pacific Railway Company and the Easterly right of way line of the alley on the Northeasterly side of Block 164, COLLEGE ADDITION TO NORTH YAKIMA, W.T. (NOW YAKIMA, WASHINGTON), as recorded in Volume 'A' of Plats, Page 22. records of Yakima County, Washington; Thence South 18°27' East along said alley right of way 653.40 feet; Thence North 71 °33' East 800 feet; Thence North 18°27' West 653.40 feet to the Southerly right of way line of said railway; Thence South 71°33' West along said railway right of way line 800 feet to the Point of Beginning. City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 14, 2016 Parcel no;19139i842001.=''j10' Public Utility Easements That part of the hereinafter described Parcel "B", being a strip of land 10.00 feet in width the Northerly and Easterly line described as follows: Commencing at the Northeast corner of said Parcel "B"; Thence South 71°33'58" West along the North line thereof 127.93 to the Point of Beginning of said line; Thence South 38°45'48" East 39.05 feet to the point of curvature of a curve concave to the Northeast and having a radius of 786.00 feet; Thence Southeasterly along said curve consuming a central angle of 10°38'03" and arc length of 145.88 feet; Thence South 40°36'09" West 4.00 feet to a point on a curve concave to the Northeast, center of said curve bearing North 40°36'09" East 790.00 feet; Thence Southeasterly along said curve consuming a central angle of 4°30'32" an arc length of 62.17 feet to the beginning of a reverse curve concave to the Southwest said curve having a radius of 151.50 feet; Thence Southerly along said curve consuming a central angle of 82°26'27" an arc length of 217.99 feet; Thence South 28°32'05" West 23.36 feet to the point of curvature of a curve concave to the Southeast and having a radius of 688.50 feet; Thence Southwesterly along said curve consuming a central angle of 23°14'00" an arc length of 279.19 feet to the Southerly line of said Parcel "B", said Point hereinafter referred to as Point "E" and terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel "B", being a strip of land 10.00 feet in width the Westerly line described as follows: Commencing at the aforementioned Point "E"; Thence North 71 °29'39" East along the Southerly line of said Parcel "B" 125.97 feet to a point on a curve concave to the Southeast, said point being the Point of Beginning of said line, center of said curve bearing South 79°37'47" East 575.50 feet; Thence Northeasterly along said curve consuming a central angle of 15°33'57" an arc length of 156.35 feet to the Easterly line of said Parcel "B" and terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel "B", being a strip of land 10.00 feet in width the Southerly and Westerly line described as follows: Commencing at the Northeast corner of said Parcel "B"; Thence South 71°33'58" West along the North line thereof 11.69 feet to a point on a curve concave to the Northeast, said point being the Point of Beginning of said line, center of said curve bearing North 51 °07'27" East 677.00 feet; Thence Southeasterly along said curve consuming a central angle of 2°40'29" an arc length of 31.60 feet to the Easterly line of said Parcel "B" and terminus of said line. Parcel "B" All that part of the Northwest quarter of the Southeast quarter of Section 18, Township 13 North, Range 19 East, W.M., described as follows: Beginning at the intersection of the Southerly right of way line of the Moxee Branch of the Northern Pacific Railway Company and the Easterly right of way line of the alley on the Northeasterly side of Block 164, COLLEGE ADDITION TO NORTH YAKIMA, W.T. (NOW YAKIMA, WASHINGTON), as recorded in Volume 'A' of Plats, Page 22, records of Yakima County, Washington; Thence South 18°27' East along said alley right of way 653.40 feet; Thence North 71 °33' East 800 feet; Thence North 18°27' West 653.40 feet to the Southerly right of way line of said railway; Thence South 71°33' West along said railway right of way line 800 feet to the Point of Beginning. City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 14, 2016 Parcel na 41.9>131.8=42001`-- (50' Temporary Construction Easements That part of the hereinafter described Parcel "B", being a strip of land 50.00 feet in width the Northerly and Easterly line described as follows: Commencing at the Northeast corner of said Parcel "B"; Thence South 71 °33'58" West along the North line thereof 127.93 to the Point of Beginning of said line; Thence South 38°45'48" East 39.05 feet to the point of curvature of a curve concave to the Northeast and having a radius of 786.00 feet; Thence Southeasterly along said curve consuming a central angle of 10°38'03" and arc length of 145.88 feet; Thence South 40°36'09" West 4.00 feet to a point on a curve concave to the Northeast, center of said curve bearing North 40°36'09" East 790.00 feet; Thence Southeasterly along said curve consuming a central angle of 4°30'32" an arc length of 62.17 feet to the beginning of a reverse curve concave to the Southwest said curve having a radius of 151.50 feet; Thence Southerly along said curve consuming a central angle of 82°26'27" an arc length of 217.99 feet; Thence South 28°32'05" West 23.36 feet to the point of curvature of a curve concave to the Southeast and having a radius of 688.50 feet; Thence Southwesterly along said curve consuming a central angle of 23°14'002' an arc length of 279.19 feet to the Southerly line of said Parcel "B", said Point hereinafter referred to as Point "E" and terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel "B", being a strip of land 50.00 feet in width the Westerly line described as follows: Commencing at the aforementioned Point "E"; Thence North 71°29'39" East along the Southerly fine of said Parcel "B" 125.97 feet to a point on a curve concave to the Southeast, said point being the Point of Beginning of said line, center of said curve bearing South 79°37'47" East 575.50 feet; Thence Northeasterly along said curve consuming a central angle of 15°33'57" an arc length of 156.35 feet to the Easterly line of said Parcel "B" and terminus of said line; Parcel "B" All that part of the Northwest quarter of the Southeast quarter of Section 18, Township 13 North, Range 19 East, W.M., described as follows: Beginning at the intersection of the Southerly right of way line of the Moxee Branch of the Northern Pacific Railway Company and the Easterly right of way line of the alley on the Northeasterly side of Block 164, COLLEGE ADDITION TO NORTH YAKIMA, W.T. (NOW YAKIMA, WASHINGTON), as recorded in Volume 'A' of Plats, Page 22, records of Yakirna County, Washington; Thence South 18°27' East along said alley right of way 653.40 feet; Thence North 71 °33' East 800 feet; Thence North 18°27' West 653.40 feet to the Southerly right of way line of said railway; Thence South 71 °33' West along said railway right of way line 800 feet to the Point of Beginning. EXHIBIT E LANDFILL SITE AGREED ORDER STATE OF WASHINGTON DEPARTMENT OF ECOLOGY In the Matter of Remedial Action by: AGREED ORDER City of Yakinm No. DE 15861 RE: Interstate 82 Exit 33A Landfill Facility Site — FSID 1927 805 North 7th Street Yakima, WA 98901 TO: City of Yakima 129 North 2nd Street Yakima, WA 98901 TABLE OF CONTENTS 1. INTRODUCTION 2 II. JURISDICTION 2 111. PARTIES BOUND 2 IV. DEFINITIONS 2 V. FINDINGS OF FACT 3 VI. ECOLOGY DETERMINATIONS 5 VII. WORK TO BE PERFORMED 6 Vill. TERMS AND CONDITIONS OF ORDER 11 A. Payment of Remedial Action Costs 11 13. Designated Project Coordinators 12 C. Performance 13 D. Access 13 E. Sampling, Data Submittal, and Availability 14 F. Public Participation 15 G. Retention ofRecords 16 FL Resolution of Disputes 16 (. Extension of Schedule 17 J. Amendment of Order 19 K. Endangerment 19 L. Reservation of Rights '70 M. Transfer of Interest in Property '1 N. Compliance with Applicable Laws 21 O. Indemnification 22 IX. SATISFACTION OF ORDER 22 X. ENFORCEMENT 23 EXHIBIT A EXHIBIT B EXHIBIT C Site Diagram Historical Data to be Submitted Electronically Groundwater/Surface Water interaction Memorandum Work Scope Agreed Order No. 15861 Page 2 of 26 L INTRODUCTION The mutual objective of the State of Washington, Department of Ecology (Ecology) and the City of Yakima (City) under this Agreed Order (Order) is to provide for remedial action at a facility where there has been a release or threatened release of hazardous substances. This Order requires the City to complete an interim action, an updated conceptual site model, Feasibility Study (FS), and Draft Cleanup Action Plan (dCAP), for the site identified by Ecology as the "Interstate 82 Exit 33A Landfill Facility Site" located at 805 .North 7th Street, Yakima, Washington 98901 (the Site). Ecology believes the actions required by this Order are in the public interest. I.i. JURISDICTION This Agreed Order is issued pursuant to the Model Toxics Control Act (MTCA), RCW 70.105D.050(1). III. PARTIES BOUND This Agreed Order shall apply to and be binding upon the Parties to this Order, their successors and assigns. The undersigned representative of each party hereby certifies that he or she is fully authorized to enter into this Order and to execute and legally bind such party to comply with this Order. The City agrees to undertake all actions required by the terms and conditions of this Order. No change in ownership or corporate status shall alter the City's responsibility under this Order. The City shall,provide a copy of this Order to all agents, contractors, and subcontractors retained to perform work required by this Order, and shall ensure that all work undertaken by such agents, contractors, and subcontractors complies with this Order. IV. DEFINITIONS Unless otherwise specified herein, the definitions set forth in RCW 70.105D and WAC 173-340 shall control the meanings of the terms in this Order. A. Site: The Site is referred to as "Interstate 82 Exit 33A Yakima City Landfill" and is generally located at or near 805 North 7th Street, Yakima, Washington. Based upon factors currently known to Ecology, the Site is generally depicted in the Site Diagram (Exhibit A). The Site is further defined as the area at the general location above where municipal solid waste has Agreed Order No. 15861 Page 3 of 26 come to be located, or which is affected by a release or threatened release of hazardous substances from such municipal solid waste; more specifically, the edges of the municipal solid waste and any leachate impacted surrounding soils, the extent of any contaminated groundwater plume, and vapor phase gas in the unsaturated zones above the municipal solid waste. The Site constitutes a Facility under RCW 70.105D.020(8). The Facility Site ID number is 1927 and the Cleanup Site ID number is 3853 as listed in Ecology's 'Integrated Site Information System. B. Parties: Refers to the State of Washington, Department of Ecology, and the City of Yakima. C. City: Refers to the City of Yakima. D. Agreed Order or Order: Refers to this Order and each of the exhibits to this Order. All exhibits are integral and enforceable parts of this Order, The terms "Agreed Order" or "Order" shall include all exhibits to this Order. V. FINDINGS OF FACT Ecology makes the following findings of fact, without any express or implied admissions of such facts by the City: A. According to the results ofa 2016 title search and a search of the Yakima County Assessor website, there are two primary parcels comprising the Site. Yakima County Parcel Number 19131841001 comprises 37.66 acres and is owned by OfficeMax Incorporated (Yakima County Assessor records still list the property as owned by the Boise Cascade Corporation, which in 2004 changed its corporate name to OfficeMax incorporated). The Parcel is currently leased to Yakima Resources, LLC. Yakima County Parcel Number 19131842001 comprises 11.88 acres and is owned by LeeLynn, Inc., and Wiley Mt., inc. BNSF Railway Company owns a right-of- way touching these parcels. B. The primary properties comprising the Site were historically part of a ranch until they were developed in 1903 by the Cascade Lumber Company for use as a lumber mill. The Cascade Lumber Company merged with Boise Payette Lumber Company in the late 1'950s to for rm Boise Cascade. Approximately 60 percent of the area of the lumber mill was occupied by large log Agreed Order No. 15861 Page 4 of 26 ponds, including one on the southern portion of the property that the City of Yakima later used as a landfill. C. At some point, the lumber mill gradually transitioned from using ponds for wood storage to using log decks with sprinklers. The southernmost log pond was drained, and a portion of this pond was used by the City of Yakima as a municipal landfill. The landfill was used by the City of Yakima between 1963 and 1970. The Yakima County Health Department reportedly closed the landfill in 1972. D. The landfill was never Tined, and covered approximately 28 acres in area. The average depth of the landfill has been estimated at about 12 feet, with the deepest portion of the landfill located in the southeast corner measuring as much as 30 feet deep. Estimates of volumes of municipal solid waste range from 388,000 to 452,000 cubic yards. E. Environmental investigations of the landfill parcels were conducted in: 1997: Yakima Health District Site Hazard Assessment Sampling 1998: Landau Associates Hydrologic Study 2008: Parametrix Landfill Environmental Site Assessment Phase li 2009: S1.,R Remedial Investigation 2010: SLR Additional Remedial Investigation 2012: SLR Soil Vapor aiid Groundwater Sampling Report. 2014: Landau Associates Soil and Groundwater Investigation Summary and Resi.ilts 2015: Landau Associates Remedial investigation Report and Landau Associates Interim Data Report for September 2014 — June 2015 F. These subsurface site investigations were used by the City of Yakima to identify releases or potential releases of hazardous substances at the Site. These include diesel range organics; heavy oils; vinyl chloride; n-nitrosodiphenylamine; 4,4'-D.D"I'; 4,4'-DDD; endosulfan II; bis(2-ethylhexyl)phthalate; 3,3'-dichlorobenzidine; arsenic; iron; manganese; nitrate; PCB aroclors; and sodium and methane gas. This list may not be exhaustive, as previous investigations have also detected lead and chromium in site soils and groundwater. Agreed Order No. 15861 Page 5 of 26 G. As of the date of this Order, the City is not a current owner of the parcels associated with the Landfill Site, although the City seeks to obtain certain interests iii the Landfill Site in order to build roads across the Site, The City is currently seeking to obtain lands for rights -of -way for the East-West Corridor, which will connect Terrace Heights Drive with the west side of the Yakima River, Grossing in part over and through the Landfill Site. Construction of roads is also anticipated to include a North -South street that will connect to Fair Avenue near 10th Street and intersect the East-West Corridor at "H" Street. VI. ECOLOGY DETERMINATIONS Ecology makes the following determinations, without any express or implied admissions of such determinations (and underlying facts) by the City. A. The City of Yakima is an "owner or operator," or a person who "owned or operated" at the time of disposal or release, as defined in RCW 70.105D.020(22), of a "facility" as defined in RCW 70.105D.020(8). B. Based upon all facts known to Ecology, a "release" or "threatened release" of "hazardous substance(s)" as defined in RCW 70.105D.020(32) and RCW '70.105D.020(13), respectively, has occurred at the Site. C. Based upon evidence Ecology deems credible, Ecology issued a potentially liable person (PLP) status letter to the City dated March 30, 2017, pursuant to RCW 70.105D.040 and WAC 173-340-500. After providing notice and opportunity for comment, reviewing comments submitted by the City on May 2, 2017, and concluding that credible evidence supported a finding of potential liability, Ecology issued a determination that the City is a PLP at the Site under RCW 70.105D.040 and notified it of this determination by letter dated May 5, 2017. D. Pursuant to RCW 70.105D.030(1) and .050(1), Ecology may require the City to investigate or conduct other remedial actions with respect to any release or threatened release of hazardous substances, whenever it believes such action to be in the public interest. Based on the foregoing facts, Ecology believes the remedial actions required by this Order are in the public interest. Agreed Order No. 15861 Page 6 of 26 Vit. WORK TO BE PERFORMED Based on the Findings of Fact and Ecology Determinations, it is hereby ordered that the City take the following remedial actions while pursuing other interim actions at or related to the Site, and that all these actions be conducted in accordance with WAC 173-340 unless otherwise specifically provided for herein: A. Submission of 'Historical Data: Within 30 days of the effective date of this Order, the City shall submit the historical data identified in Exhibit 13 to this Order, in accordance with the requirements of Section VIII:E of this Order. B. Updated Conceptual Site Model: For the purpose of updating information for the Feasibility Study, the City shall provide to Ecology an Updated Conceptual Site Model (Updated CSM) within 60 days of the latest of the following events: (1) Ecology's approval of a technical memorandum addressing groundwater -surface water interaction (GW/SW Interaction Memorandum), as further described below; (2) submission ofthe Yakima Mill Site Draft Remedial Investigation Report under Section VII.0 of Agreed Order No. DE13959; and (3) Ecology's approval of the Interim Action Report required under Section ViI.E.6 of this Order, if the City has begun proceeding with any interim actions pursuant to Section VILE of this Order prior to completion of the preceding two events. The Updated CSM. shall incorporate results and data generated from the OW/SW Interaction Memorandum, the Yakima Mill Site Remedial investigation, and interim actions (if any) with the previous Remedial Investigation work to provide information to determine the nature and extent of contamination that has resulted from the release(s) of hazardous substances at the Site in all affected or potentially affected media (soil, interstitial air in soil, air, groundwater, drinking water, and/or surface water if applicable). The Updated CSM shall fully delineate the nature and extent of contamination in an affected and potentially affected media at the Site as required by WAC 173-340=350. Ecology reserves the discretion to require the collection of further data after the CSM is updated; however, no requirement to collect such further data is within the cunent scope of this Order. 1. Process for Approving GW/SW Interaction Memorandum: Agreed Order No. 15861 Page 7 of 26 a. Ecology has identified the need in conjunction with development of the Feasibility Study to further define contaminated groundwater interaction with the surface water of the Yakima River downgradient of the known area of municipal solid waste at the Site. The 'requirements for this GW/SW interaction Memorandum are outlined in Exhibit C attached. 1. Within 90 days of the effective date, the City will provide the. G-W/SW Interaction Memorandum. 2. Ecology shall endeavor to review and provide comments on the GW/SW Interaction Memorandum within 60 days of the submission. 3. Within 30 days of comments, the City shall provide an updated GW/SW Interaction Memorandum to Ecology. 2. Process for Approving the Updated CSM: a. Ecology will endeavor to provide comments on the Updated CSM within 30 days of receipt. b. Within 60 clays of receipt of continents by Ecology on the Updated CSM, the City shall, as necessary, deliver to Ecology a Final Updated CSM responsive to Ecology's comments and consistent with MICA. c. Ecology will endeavor to respond on approval status within 30 days. C. Feasibility Study: The City shall provide Ecology with a Draft Feasibility Study (Draft FS) within 90 days of approval of the Updated CSM. The Draft FS must comply with the requirements of WAC 173-340-350 and include the Updated CSM as an appendix. 1. Ecology will endeavor to provide comments on the Draft FS within 30 days of receipt. Agreed Order No. 15861 Page 8 of 26 2. Within 60 days of receipt of comments from Ecology on the Draft FS, the City shall, as necessary, submit to Ecology a Final FS responsive to Ecology's comments and consistent with MTCA. 3. Ecology will endeavor to respond on approval status Within 30 days. D. Drat Cleanup Action Plan; The City shall submit to Ecology a draft Cleanup Action Plan (dCAP) within 60 days of approval of the Final FS. 1. Ecology will endeavor to provide comments on the dCAP within 30 days of receipt. 2. Within 60 days of receipt of comments from Ecology on the dCAP, the City shall, as necessary, submit to Ecology a Final dCAP responsive to Ecology's comments and consistent with MICA. E. Interim Actions: The City may complete certain road construction and related improvements at the Site prior to the completion of a final cleanup action. Under WAC 173- 340-430, an interim action is a remedial action that only partially addresses the cleantip of a site, e.g., that is technically necessary to reduce a threat to human health or the environment by eliminating or substantially reducing one or more pathways for exposure to a hazardous substance, that corrects a problem that may become substantially worse or cost substantially more to address if the remedial action is delayed, or that is needed to provide for completion of a site hazard assessment, RI/FS, or design of a CAP. To ensure that the City's road construction and related improvements are consistent with any final cleanup action at the Site, the City shall undertake any such construction and improvements that are within the Site, or within the Yakima Mill Site as described in Agreed Order No. DE13959, in compliance with the following conditions: 1. Within 90 days ofthe effective date of this Order, submit to Ecology a draft interim Action Work Plan satisfying the requirements of WAC 173-340-430(7), including, but not limited to, inclusion of a compliance monitoring plan, a health and safety plan (HASP), and a sampling and analysis plan, that integrates the elements of an interim action (e.g., destruction or removal of source material) with the planned construction and Agreed Order No. 15861 Page 9 of 26 improvements, including the requirement that the construction and improvements do not foreclose reasonable alternatives for a final cleanup action at the Site. The draft Interim Action Work Plan may summarize or incorporate information contained in other existing documents. 2. Upon receipt of the draft Interim Action Work Plan, Ecology will endeavor to provide comments for revision by the City within 30 days of receipt. 3. Within 30 days of .receipt of review comments from Ecology on the draft Interim Action Work Plan, the City shall, as necessary, submit to Ecology a final Interim Action Work Plan responsive to Ecology's comments -and consistent with MICA. 4. Upon approval by Ecology, the interim Action Work: Plan shall be considered final and become an integral and enforceable part of this Order. 5. In order to facilitate Ecology's compliance with the public notice requirement of WAC 173-340-600(16), the City shall provide at least 60 days' notice to E.cology before proceeding with any work that is subject to the approved Interim Action Work Plan. 6. Within 60 days of completion of interim action activities, the City shall submit to Ecology a draft Interim Action Report. a. Ecology will endeavor to provide comments on the draft Interim Action Report within 30 days of receipt. b. Within 60 days of receipt of comments by Ecology on the draft Interim Action Report, the City shall, as necessary, deliver to Ecology a final interim Action Report responsive to Ecology's continents and consistent with MTCA. c. Ecology will endeavor to respond on approval status within 30 days. 7. In addition to the above interim actions, either party may propose an interim action under this Order which could occur at any time. If the Parties are in agreement concerning the interim action, the Parties will follow the process in Section VIII.J Agreed Order No. 15861 Page 10 of 26 (Amendment of Order) of this Order. if the Parties are not in agreement, Ecology reserves its authority to require interim action(s) under a separate order or other enforcement action under RCW 70.105D, or to undertake the interim action(s) itself. F. Progress Reports: Monthly progress reports shall be submitted to Ecology's Project Coordinator via mail or email. The first progress report shall be submitted to Ecology on or by the 15th of the month following the effective date of this Agreed Order and subsequent progress reports shall be submitted by the 15th of each month describing work perfoimed the previous month. Monthly progress reports shall continue to be submitted on a monthly basis until the City submits the Updated CSM, or until Ecology .not.ifies the City in writing that monthly report submission can be ended. Emergency situations and any conditions significantly delaying work must be reported to Ecology within 24 hours. G. Meeting Coordination: To facilitate communication and streamline project effectiveness, Ecology's Project Coordinator, or designated alternate, shall be invited to attend any City meetings regarding work at the Site, including construction meetings, unless the meetings are attorney -client privileged between the City and its attorneys, or the meetings aro between the City and its consultant as arranged by the City's attorneys for the purposes of facilitating legal advice or attorney work product. The City shall not be obliged to reschedule meetings that Ecology cannot attend due to scheduling conflicts. // // I/ The following conditions shall apply to the above actions: H. Any final plans or other final deliverables submitted by the City for Ecology's review and approval shall, upon Ecology's approval, become integral and enforceable parts of this Order. 1. if Ecology determines that the City has failed to make sufficient progress or _tailed to implement the remedial action required under this Order, in whole or in part, Ecology may, after Agreed Order No. 15861 Page 11 of 26 notice to the City, perform any or all portions of the remedial action that remain incomplete or, at Ecology's discretion, allow the City an opportunity to correct. The City shall reimburse Ecology for the costs of doing such work in accordance with Section VILLA (Remedial Action Costs). Ecology reserves the right to enforce requirements of this Order under Section X (Enforcement). J. Except where necessary to abate an emergency situation, the City shall not perform any remedial actions at the Site outside those remedial actions specified by this Order, unless Ecology concurs, in writing, with such additional remedial actions. VIiI. TERMS AND CONDITIONS OF ORDER A. Payment of Remedial Action Costs The City shall pay to Ecology costs incutTed by Ecology pursuant to this Order and consistent with WAC 173-340-550(2). These costs shall include work performed by Ecology or its contractors for, or on, the Site under RCW 70.105D, ,including remedial actions and Order preparation, negotiation, oversight, and administration. Ecology's costs shall include costs of direct activities and support costs of direct activities as defined in WAC 173-340-550(2). For all costs incurred subsequent to the effective date of this Order, the City shall pay the requiredamount within 30 days of receiving from Ecology an itemized statement of costs that includes a summary of costs incurred, an identification of involved staff, and the amount of time spent by, involved staff members on the project. A general statement of work performed will be provided by Ecology on a monthly basis. itemized statements shall be submitted by Ecology on a quarterly basis to the City. Pursuant to WAC 173-340-550(4), failure to pay Ecology's costs within 90 days of receipt of the itemized statement of costs will result in interest charges at the rate of 12 percent per annum, compounded monthly. In addition to other available relief, pursuant to RCW 19.16.500, Ecology may utilize a collection agency and/or, pursuant to RCW 70.105D.055, file a lien against real property subject to the remedial actions to recover unreimbursed remedial action costs. B. Designated Project Coordinators The project coordinator for Ecology is: Agreed Order No. 15861 Page 12 of 26 Chris Wend Toxics Cleanup Program Washington State Department of Ecology Central Regional Office 125{1 West Alder Street Union Gap, WA. 98903 Tel: 509-454-7837 Fax: 509-575-2809 cwen461@ecy.wa.gov ecy.wa.gov The project coordinator for the City is: Piper Roelen Landau Associates 130 2nd Avenue South Edmonds, WA 98020 Tel: 425-778-0907 Fax: 425-778-6409 Each project coordinator shall be responsible for overseeing the implementation of this Order. Ecology's project coordinator will be .Ecology's designated representative for the Site. To the maximum extent possible, communications between Ecology and the City, and all documents, including reports, approvals, and other correspondence concerning the activities performed pursuant to the terms and conditions of this Order shall he directed through the project coordinators. The project coordinators may designate, in writing, working level staff contacts for all or portions of the implementation of the work to be performed required by this Order. Any party may change its respective project coordinator. Written noti fication shall be given to the other party at least 10 calendar days prior to the change. Ecology will maintain an administrative record for the Site. This record will ensure all correspondence and reports related to this Site are catalogued and up-to-date. Updates to the.record will be distributed via email to the City's project coordinator. C. Performance All geologic and hydrogeologie work performed pursuant to this Order shall be under the supervision and direction of a geologist licensed in the State of Washington or under the direct supervision of an engineer registered in the State of Washington, except as otherwise provided for byRCW 18.220and 18.43. Agreed Order No: 15861 Page 13 of 26 All engineering work performed pursuant to this Order shall be under the direct supervision of a professional engineer registered in the State of Washington, except as otherwise provided for by RCW 18.43.130. All construction work performed pursuant to this Order shall be under the direct supervision of a professional engineer or a qualified technician under the direct supervision of a professional engineer. The professional engineer must be registered in the State of Washington, except as otherwise provided for by RCW 18.43.130. Any documents submitted containing geologic, hydrologic, or engineering work shall be under the seal of an appropriately licensed professional as required by RCW 18.220 or 18.43.130. The City shall notify Ecology in writing of the identity of any supervising engineers) and geologist(s), contractor(s), and subcontractor(s) to be used in carrying out the terms of this Order, in advance of their involvement at the Site. D. Access Ecology or any Ecology authorized representative may enter and freely move about all property at the Site that the City either owns, controls, or has access rights to at all reasonable times for the purposes of, inter alia: inspecting records, operation logs, and contracts related to the work being performed pursuant to this Order; reviewing the City'.s progress in carrying out the terms of this Order; conducting such tests or collecting such samples as Ecology may deem necessary; using a camera, sound recording, or other documentary -type equipment to record work done pursuant to this Order; and verifying the data submitted to Ecology by the City. The City shall make all reasonable efforts to secure access rights for those properties within the Site not owned or controlled by the City where remedial activities or investigations will be performed pursuant to this Order. Ecology or any Ecology authorized representative shall give reasonable notice before entering any Site .property owned or controlled by the City unless an emergency prevents such notice. All persons who access the Site pursuant to this Section shall be responsible for their own safety and shall comply with any applicable health and safety plan (IIASP),,a copy of which shall be provided to Ecology, together with any subsequent updates. Ecology employees Agreed Order No. 15861 Page 14 of 26 and their representatives shall not be required to sign any liability release or waiver as a condition of Site property access. E. Sampling, Data Submittal, and Availability With respect to the implementation of this Order, the City shall make the results of all sampling, laboratory reports, and/or test results generated by it or on its behalf available to Ecology. Pursuant to WAC 173-340-840(5), all sampling data generated under this Order, together with the historical data identified in Exhibit 13, shall be submitted to Ecology in both printed and electronic formats in accordance with Section Vll (Work to be Performed). Ecology's Tonics Cleanup Program Policy 840 (.Data Submittal R.equirements), and/or any subsequent procedures specified by Ecology for data submittal. Data submitted in an electronic format to the Ecology Environmental Information Management (EIM,) System in compliance with WAC 173-340-840 shall not be considered properly submitted until the EIM Data Coordinator has cleared the data for transfer into the database and the Ecology Project Coordinator has verified that the data is complete and accurate. if requested by Ecology, the City shall allow Ecology and/or its authorized representative to take split or duplicate samples of any samples collected by the City pursuant to implementation of this Order. The City shall notify Ecology 7 days in advance of any sample collection or work activity at the Site. Ecology shall, upon request, allow the City and/or its authorized representative to take split er duplicate samples of any samples collected by Ecology pursuant to the implementation of this Order, provided that. doing so does not interfere with Ecology's sampling. Without limitation on Ecology's rights under Section VII1.D (Access), Ecology shall notify the City prior to any sample collection activity unless an emergency prevents such notice, In accordance with WAC 173-340-830(2)(a), all hazardous substance analyses shall be conducted by a laboratory accredited under WAC 173-50 for the specific analyses to be conducted, unless otherwise approved by Ecology. Agreed Order No. 15861 Page 15 of 26 F. Public Participation RCW 70.105D.030(2)(a) requires that, at a minimum, this Order be subject to concurrent public.notice. Ecology shall be responsible for providing this public notice and reserves the right to modify or withdraw any provisions of this Order should public comment disclose facts or considerations which indicate to Ecology that this Order is inadequate or improper in any respect, Ecology shall maintain the responsibility for publie participation at the Site. However, the City shall cooperate with Ecology and shall: I . Notify Ecology's project coordinator prior to the preparation of all press releases, fact sheets, and before major meetings with the interested public and local governments. Likewise, Ecology shall notify the City prior to the issuance of all press releases and fact sheets, and before major meetings with the interested public and local governments. For all press releases, fact sheets, meetings, and other outreach efforts by the City that do not receive prior Ecology approval, the City shall clearly indicate to its audience that the press release, fact sheet, meeting, or other outreach effort was not sponsored or endorsed by Ecology. 2. When requested by Ecology, participate in public presentations on the progress of the remedial action at the Site. Participation may be through attendance at public meetings to assist in answering questions or as a presenter. 3. When requested by Ecology, mange and/or continue information repositories to be located at the following locations: Yakima Public Library 102 North 3rd Street Yakima, WA 98901 Ecology's Central Regional Office 1250 West Alder Street Union Gap, WA 98903 At a minimum, copies ofall public notices; fact sheets, and documents relating to public comment periods shall be promptly placed in these repositories. A copy of all documents related to this Site Agreed Order No. 15861 Page 16 of 26 shall be maintained in the repository at Ecology's Central Regional Office in Union Gap, Washington. G. Retention of Records During the pendency of this Order, and for 10 years from the date of completion of work performed pursuant to this Order, the City shall preserve all records, reports, documents, and underlying data in their possession relevant to the implementation of this Order and shall insert a similar record retention requirement into all contracts with project contractors and subcontractors. Upon request of Ecology, the City shall make all records available to Ecology and allow access for review within a reasonable time. Nothing in this Order is intended to waive any right the City may have under applicable law to limit disclosure of documents protected by the attorney work -product privilege and/or the attorney -client privilege. If the City withholds any requested records based on an assertion of privilege, the City shall provide Ecology with a privilege log specifying the records withheld and the applicable privilege. No Site -related data collected pursuant to This Order shall be considered privileged. H. Resolution of Disputes I. In the event a dispute arises as to an approval, disapproval, proposed change, or other decision or action by Ecology's project coordinator, or an itemized billing statement under Section VIILA (Remedial Action Costs), the Parties shall utilize the dispute resolution procedure set forth below. a. Upon receipt of Ecology's project coordinator's written decision or the itemized billing statement, the City has 14 days within which to notify Ecology's project coordinator in writing of its objection to the decision or itemized statement. b. The Parties' project coordinators shall then confer in an effort to resolve the dispute. If the project coordinators ,cannot resolve the dispute within 14 days, Ecology's project coordinator shall issue a written decision. Agreed Order No. 15861 Page 17 of 26 c. The City may then request regional management review of the decision. This request shall be submitted in writing to the Central Region Taxies Cleanup Section Manager within 7 days of receipt of Ecology's project coordinator's written decision. d. The Section Manager shall conduct a review of the dispute and shall issue a written decision regarding the dispute within 30 days of the city's request for review. The Section Manager's decision shall be Ecology's final decision on the disputed matter. 2. The Parties agree to only utilize the dispute resolution process in good faith and agree to expedite, to the extent possible, the dispute resolution process whenever it is used. 3. implementation of these dispute resolution procedures shall not provide a basis for delay of any activities required in this Order, unless Ecology agrees in writing to a schedule extension. 4. In case of a dispute, failure to either proceed with the work required by this Order or timely invoke dispute resolution may result in Ecology's determination that insufficient progress is being made in preparation ofa deliverable, and may result in Ecology undertaking the work under Section VIl (Work to be Performed) or initiating enforcement under Section X (Enforcement). 1. Extension of Schedule. 1. An extension of schedule shall be granted only when a request for an extension is submitted in a timely fashion, generally at least 30 days prior to expiration of the deadline for which the extension is requested, and good cause exists for granting the extension. All extensions shall be requested in writing. The request shall specify: a. The deadline that is sought to be extended. b. The length of the extension sought. c. The reason(s) for the extension. d. Any related deadline or schedule that would be affected if the extension were granted. Agreed Order No. l 5861 Page 18 of 26 2. The burden shall be on the City to demonstrate to the satisfaction of Ecology that the request for such .extension has been submitted in a timely ,fashion and that good cause exists for granting the extension. Good cause may include, but may not be limited to: a. Circumstances beyond the reasonable control and despite the due diligence of the City including delays caused by unrelated third parties or Ecology, such as (but not limited to) delays by Ecology in reviewing, approving, or modifying documents submitted by the City. b. Acts of God, including fire, flood, blizzard, extreme temperatures, storm, or other unavoidable casualty. c. Endangerment as described in Section VIII.K (Endangerment). However, neither increased costs of performance of the terms of this Order nor changed economic circumstances shall be considered circumstances beyond the reasonable control of the City. 3. Ecology shall act upon any written request for extension in a timely fashion. Ecology shall give the City written notification of any extensions granted pursuant to this Order. A requested extension shall not be effective until approved by Ecology. Unless the extension is a substantial change, it shall not be necessary to amend this Order pursuant to Section VIII.J (Amendment of Order) when a schedule extension is granted. 4. An extension shall only be granted for such period of time as Ecology 'determines is reasonable under the circumstances. Ecology may grant schedule extensions exceeding 90 days only as a result of: a. Delays in the issuance of a necessary permit which was applied for in a timely manner. b. Other circumstances deemed exceptional or extraordinary by Ecology. c. Endangerment as described in Section VIII.K (Endangerment). Agreed Order No. 15861 Page 19 of 26 .). Amendment of Order The project coordinators inay verbally agree to minor changes to the work to be performed without formally amending this Order. Minor changes will be documented in writing by Ecology within 7 days of verbal agreement. Except as provided in Section VIiI.I., (Reservation of Rights), substantial changes to the work to be performed shall require formal amendment of this Order. This Order may only be formally amended by the written consent of both Ecology and the City. The City shall submit a written request for amendment to Ecology for approval. Ecology shall indicate its approval or disapproval in writing and in a timely manner after the written request for amendment is received. If the amendment to this Order represents a substantial change, Ecology will provide public notice and opportunity to comment. Reasons for the disapproval ofa proposed amendment to this Order shall be stated in writing. If Ecology does not agree to a proposed amendment, the disagreement nnay be addressed through the dispute resolution procedures described in Section VI_Il.l-I (Resolution of Disputes). K. Endangerment In the event Ecology determines that any activity being performed at the Site is creating or has the potential to create a danger to human health or the environment on or surrounding the Site, Ecology may direct the City to cease such activities for such period of time as it deems necessary to abate the danger. The City shall immediately comply with such direction. In the event the City determines that any activity being performed at the Site is creating or has the potential to create a danger to human health or the envirormient, the City may cease such activities. The City shall notify Ecology's project coordinator as soon as possible, but no later than 24 hours after making such determination or ceasing such activities. Upon Ecology's direction the City shall provide Ecology with documentation of the basis for the determination or cessation of such activities. If Ecology disagrees with the City's cessation of activities, it may direct the City to resume such activities. Agreed Order No. 15861 Page 20 of 26 If Ecology concurs with or orders a work stoppage pursuant to this section, the City's obligations with respect to the ceased activities shall be suspended until Ecology determines the danger is abated, and the time for performance of such activities, as well as the time for any other work dependent upon such activities, shall be extended in accordance with Section VHII.1 (Extension of Schedule) for such period of time as Ecology determines is reasonable under the circumstances. Nothing in this Order shall limit the authority of Ecology, its employees; agents, or contractors to take or require appropriate action in the event of an emergency. L. Reservation of Rights This Order is not a settlement under RCW 70.105D. Ecology's signature on this Order in no way constitutes a covenant not to sue or a compromise of any of Ecology's rights or authority. Ecology will not, however, bring an action against the City to recover remedial action costs paid to and received by Ecology under this Order. In addition, Ecology will not take additional enforcement actions against the City regarding remedial actions required by this Order, provided the City complies with this Order. Ecology nevertheless reserves its rights under RCW 70.IO5D, including the right to require additional or different remedial actions at the Site should it deem such actions necessary to protect human health and the environment, and to issue orders requiring such remedial actions, Ecology also reserves all rights regarding the injury to, destruction of or loss of natural resources resulting from the release or threatened release of hazardous substances at the Site. By entering into this Order, the City does not admit to any liability for the Site. Although the City is committing to conducting the work required by this Order under the terms of this Order, the City expressly reserve .all rights available under law, including but not limited to the right to seek cost recovery or contribution against third parties, and the right to assert any defense's to liability in the event of enforcement. Agreed Order No. 15861 Page 21 of 26 M. Transfer of Interest in Property No voluntary conveyance or relinquishment of title, easement, leasehold, or other interest in any portion of the Site shall be consummated by the City without provision for continued implementation of all requirements of this Order and implementation of any remedial actions found to be necessary as a result of this Order. Prior to the City's transfer of any interest in all or any portion of the Site, and during the effective period of this Order, the City shall provide a copy of this Order to any prospective purchaser, lessee, transferee, assignee, or other successor in said interest; and, at least 30 days prior to any transfer, the City shall notify Ecology of said transfer. Upon transfer of any interest, the City shall notify all transferees of the restrictions on the activities and uses of the property under this Order.and incorporate any such use restrictions into the transfer documents. N. Compliance with Applicable Laws 1. All actions carried out by the City pursuant to this Order shall be done in accordance with all applicable federal, state, and local requirements, including requirements to obtain necessary permits, except as provided in RCW 70.105D.090. At this time, no federal, state or local requirements have been identified as being applicable to the actions required by this Order. 2. Pursuant to RCW 70.105D.090(1), the City is exempt from the procedural requirements of RCW 70.94, 70.95, 70.105, 77.55, 90.48, and 90.58 and of any laws requiring or authorizing local government permits or approvals. However, the City shall comply with the substantive requirements of such permits or approvals. At this time, no state or local permits or approvals have been identified as being applicable but procedurally exempt under this Section. 3. The City has a continuing obligation to determine whether additional permits or approvals addressed in RCW 70.105D.090(1) would otherwise be required for the remedial action under this Order. In the event either Ecology or the City determine that additional permits or approvals addressed in-RCW 70.105D:090(1) would otherwise be required for the remedial action under this Order, it shall promptly notify the other party of its determination. Ecology shall determine whether Ecology or the City shall' be responsible to contact the appropriate state and/or Agreed Order No. 15861 Page 22 of 26 local agencies. If Ecology so requires, the City shall promptly consult with the appropriate state and/or local agencies and provide Ecology with written documentation from those agencies of the substantive requirements those agencies believe are applicable to the remedial action. Ecology shall make the final determination on the additional substantive requirements that must be met by the City and on how the City must meet those requirements. Ecology shall inform the City in writing of these requirements. Once established by Ecology, the additional requirements shall be enforceable requirements of this Order. The City shall not begin or continue the remedial action potentially subject to the additional requirements until Ecology makes its final determination. 4. Pursuant to RCW 70.105D.090(2), in the event Ecology determines that the exemption from complying with the procedural requirements of the laws referenced in RCW 70.105D.090(1) would result in the loss of approval from a federal agency that is necessary for the State to administer any federal law, the exemption shall not apply and the City shall comply with both the procedural and substantive requirements of the laws referenced in RCW 70.105D.090(1), including any requirements to obtain permits. O. Indemnification The City agrees to indemnify and save and hold the State of Washington, its employees, and agents harmless from any and all claims or causes of action for death or injuries to persons or for loss or damage to property to the extent arising from or on account of acts or.ornissions of the City, their officers, employees, agents, or contractors in entering into and implementing this Order. However, the City shall not indemnify the State of Washington nor save nor hold its employees and agents harmless from any claims or causes of action to the extent arising out of the. negligent acts or omissions of the State of Washington, or the employees or agents of the State, in entering into or implementing this Order. IX. SATISFACTION OF ORDER The provisions of this Order shall be deemed satisfied upon the City's receipt of written notification from Ecology that the City has completed the remedial activity required by this Order, Agreed Order No. 15861 Page 23 of 26 as amended by any modifications, and that the City has complied with all other provisions of this Agreed Order. X. ENFORCEMENT Pursuant to RCW 70.105D.050, this Order may be enforced as follows: A. The Attorney General may bring an action to enforce this Order in a state or federal court. B. The Attorney General may seek, by filing an action, if necessary, to recover amounts spent by Ecology for investigative and remedial actions and orders related to the Site. C. A liable party who refuses, without sufficient cause, to comply with any term of this Order will be liable for: 1. Up to three times the amount of any costs incurred by the State of Washington as a result of its refusal to comply. 2. Civil penalties of up to twenty-five thousand dollars ($25,000) per day for each day it refuses to comply. D. This Order is not appealable to the Washington Pollution Control Hearings Board. This Order may be reviewed only as provided under RCW 70.I05D.060. JUL 99 Z018 Effective date of this Order: CITY OF YAKIMA STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CLIFF Mltii"ARE VALERIE BOUND Section Manager Toxics Cleanup Program Central Regional Office City Manager for the City of Yakima CITY CONTRACT NO' J _ �a RESOLUTION NO: / 2oie_ OJ CJ Agreed Order No. 15861 Page 24 of 26 EXHIBIT A SITE DIAGRAM Le end 0 Interstate BZ E •St 33A Site Boundary cm Yakima Mill Site Boundary (AO fro. DE 13959) L.J laic Parcels and Parcel Site Number (19131l XX.t %) LANDAU ASSOCIATES Data Source: Yakima County GtS, Esri World Imagery. Note 1. fiksck and white reproduction of this color original may reduce its effectiveness and lead to Incorrect interpretation. 0 100 1.400 Scale in feet Yakima City Landfill Yakima, Washington Site Diagram Interstate 82 Exit 33A Site Exhibit A Agreed Order No. 15861 Page 25 of 26 EXHIBIT B Historical Data to be Submitted Electronically Data from the following environmental studies must be entered into Ecology's electronic Environmental Information Management (ElM) databases: Parametrix, Former City of Yakima Landfill Phase 11 Report, October 2008 SLR, City Landfill RI Report, October 2009 SLR, City Landfill Additional RI Report, March 2010 SLR, City Landfill Soil Vapor and Groundwater Sampling, May 2012 Landau, Interim Supplemental RI Report, April 2015 Landau, Draft Supplemental RI Report, September 2015 Agreed Order No. 15861 Page 26 of 26 EXHIBIT C Groundwater/Surface Water Interaction Work Scope Groundwater — surface waterinteraction is needed to understand the seasonal interface between the groundwater downgradient of the Yakima Landfill and the Yakima River. The main goal of this effort will be to evaluate the annual time periods where the river is gaining water from the groundwater or losing water to the groundwater and use tills information to assess the chemical and physical characteristics of the groundwater as it approaches the interface. Once the groundwater hydrology is understood; final water quality parameters as the groundwater approaches the surface water may be understood. Using all relevant existing groundwater elevation and surface water elevation/stage data, the overall hydrology may be understood fbr the time periods where the data sets exist. Using standard transport methodologies, the chemical and physical data may be considered for impact on the groundwater/surface water interface. The proposed work scope is a data compilation 'followed by an analysis of this data. The existing monitoring well and river gauge data from the site are considered adequate for this analysis. The deliverable will be a technical memorandum including or considering the following elements: (l) Obtain stream elevation/stage data for tinge periods where groundwater sampling data is available from the Supplemental .Rl. (2) Obtain precipitation data for the time periods where groundwater sampling data is available. (3) Using the calculated potent.iometric gradient and river and groundwater elevations, assess the groundwater — surface water interface. (4) .Determine any seasonal groundwater/surface water elevation trends (e.g., from irrigation, seasonal precipitation, if possible). (5) Assess chemical and physical property transport to the groundwater — surface water interface. This work should not require any fieidavork and may be prepared by the appropriate professionals as a paper study. EXHIBIT F YAKIMA MILL SITE AGREED ORDER STATE OF WASHINGTON DEPARTMENT OF ECOLOGY In the Matter of Remedial Action by: OfficeMax Incorporated DuneIlie Enterprises, LLC LeeLynn, Inc. & Wiley ML, Inc. Yaldma Resources, LLC RE: Yakima Mill Site (aka Boise Cascade Mill Site, FSID 450) 805 North 7th Street Yakima, WA 98901 AGREED ORDER. No. DE 13959 TO: ATTN: Noelle Wooten Kilpatrick Townsend & Stockton, LLP Suite 2400 214 North Tryon Street Charlotte, NC 28202-2381 ATTN: Greg Demers Yakima Resources, LLC P.O. Box 876 Veneta, OR 97487 ATM: Larry Glides LeeLynn, Inc., & Wiley Mt., Inc. and Dunollie Enterprises, LLC PO Box 518 Creswell, OR 97426 Ad Order No. DE 13959 Page 2 of 26 TABLE OF CONTENTS I, INTRODUCTION 3 II. JURISDICTION 3 III. PARTIES BOUND 3 IV. DEFINITIONS 3 V. FINDINGS OF FACT 4 VI. ECOLOGY DETERMINATIONS 6 VIL WORK TO BE PERFORMED 7 VIII. TERMS AND CONDITIONS OF ORDER 11 A. Remedial Action Costs 11 B. Designated Project Coordinators ..12 C. Performance 13 D. Access 13 E. Sampling, Data Submittal, and Availability 14 F. Public Participation 15 G. Retention of Records 16 H. Resolution of Disputes 16 L Extension of Schedule 17 J. Amendment of Order 19 K. Endangerment 19 L. Reservation of Rights 20 M. Transfer of Interest in Property 21 N. Compliance with Applicable Laws 21 O. Indemnification 22 IX. SATISFACTION OF ORDER 23 X, ENFORCEMENT 23 EXHIBIT A. EX IBIT B. Site Diagram Historical Data to be Submitted Electronically Agreed Order No. DE 13959 Page 3 of 26 L INTRODUCTION The mutual objective of the State of Washington, Department of Ecology (Ecology) and Potentially Liable Persons (PLPs) OfficeMax Incorporated, Yakima Resources, LLC, Dunollie Enterprises, LLC, and LeeLynn, Inc., & Wiley Mt., Inc. (collectively referred to as the PLPs) under this Agreed Order (Order) is to provide for remedial action at a facility where there has been a release or threatened release of hazardous substances. This Order requires the PLPs to complete a Remedial Investigation (RI), Feasibility Study (FS), and to prepare a Draft Cleanup Action Plan (DCAP), for the site identified by Ecology as the "Yakima Mill Site" (also known as the "Boise Cascade Mill Site") located at 805 North 7th Street, Yakima WA 98901 (the Site). Ecology believes the actions required by this Order are in the public interest. IL JURISDICTION This Agreed Order is issued pursuant to the Model Toxics Control Act (MTCA), RCW 70.105D.050(1). III. PARTIES BOUND This Agreed Order shall apply to and be binding upon the Parties to this Order, their successors and assigns. The undersigned representative of each party hereby certifies that he or she is fully authorized to enter into this Order and to execute and legally bind such party to comply with this Order. The PLPs agree to undertake all actions required by the terms and conditions of this Order. No change in ownership or corporate status shall alter the PLPs' responsibility under this Order. The PLPs shall provide a copy of this Order to all agents, contractors, and subcontractors retained to perform work required by this Order, and shall ensure that all work undertaken by such agents, contractors, and subcontractors complies with this Order. IV. DEFINITIONS Unless otherwise specified herein, the definitions set forth in Chapter 70.105D RCW and Chapter 173-340 WAC shall control the meanings of the terms in this Order. Agreed Order No. DE 13959 Page 4 of 26 A. Site: The Site is referred to as "Yakima Mill Site," also known as "Boise Cascade Mill Site," and is generally located at or near 805 North 7th Street, Yakima, Washington. Based upon factors currently known to Ecology, the Site is generally depicted in the Site Diagram (Exhibit A). The Site is further defined by the extent of contamination caused by releases of hazardous substances at the Site, which, based on facts known as of the effective date of this Order, is exclusive of any area 1) where municipal solid waste bas come to be located, or 2) which is affected by a release or threatened release of hazardous substances from municipal solid waste. The Site constitutes a Facility under RCW 70.10513.020(8). The Facility/Site ID number is 450 and the Cleanup Site ID number is 12095 as listed in Ecology's Integrated Site Information System. B. Parties: Refers to the State of Washington, Department of Ecology, OfficeMax Incorporated, Dunollie Enterprises, LLC, LeeLynn, Inc., & Wiley Mt., Inc., and Yakima Resources LLC, C. Potentially Liable Persons (PLPs): OfficeMax Incorporated, Dunollie Enterprises, LLC, LeeLynn, Inc., & Wiley Mt., Inc., and Yakima Resources LLC, D. Agreed Order or Order: Refers to this Order and each of the exhibits to this Order. All exhibits are integral and enforceable parts of this Order. The terms "Agreed Order" or "Order" shall include all exhibits to this Order. V. FINDINGS OF FACT Ecology makes the following findings of fact, without any express or implied admissions of such facts by the PLPs: A. The Site includes all or a portion of 16 parcels, totaling approximately 171 acres. B. The parcels on the Site are owned currently by LeeLynn, Inc., and Wiley Mt., Inc., except that OfficeMax Incorporated owns the portion of tax. parcel number 19131841001 included in the Site. C. Based on facts known as of the effective date of this Order, the Site does not include any area that contains municipal solid waste or ha7ardous substances released from Agreed Order No. DE 13959 P .e5 of26 municipal solid waste, which area has been deemed to constitute the former City of Yakima municipal solid waste landfill site. The former City of Yakima landfill site is separately named the "Interstate 82 Exit 33A Site", Facility/Site ID number 1927 and Cleanup Site ID number 3853, and is being addressed by a separate order. D. Cascade Lumber Company is believed to have purchasedat least some of the property within the Site in 1903, and began using the property for sawmill operations. In or about 1957, Cascade Lumber merged with Boise Payette Lumber Company to form Boise Cascade Corporation. In 2004, Boise Cascade Corporation sold the property (except parcel number 19131841001) to LeoLynn, Inc. and Wiley Mt., Inc., the current owners, and simultaneously leased parcel 19131841001 to Yakima Resources, LLC. Durollie Enterprises LLC has operated on the property since the sale and lease in 2004. E. In 2004, Boise Cascade Corporation changed its corporate name to OfficeMax Incorporated F. Releases of hazardous substances have been documented in certain discrete locations at the Site, which may be more properly referred to and managed as subsites. A 2008 Phase 11 Environmental Site Investigation identified petroleum constituents above MTCA screening levels in soils near the ground water table in a test pit placed south of the small log sawmill. The same investigation showed petroleum constituents above MTCA cleanup levels in samples of soil near a former vehicle fueling station on the Site north of the railroad tracks and in the northeast corner of the former plywood plant in the southern portion of the Site. A 2013 Phase II investigation showed petroleum constituents in soil and groundwater above MTCA screening levels near the northeastern corner of the former plywood plant These investigations also documented elevated methane concentrations in soils on the Site. Groundwater monitoring has shown concentrations of manganese, iron, and arsenic above MTCA groi riwater screening levels in the shallow groundwater. Based on historical use, there may have been other releases at the Site. Agreed Order No. DE 13959 Page 6 of 26 V/. ECOLOGY DETERMINATIONS Ecology makes the following determinations, without any express or implied admissions of such determinations (and underlying facts) by the PLPs. A. OfficeMax Incorporated is an "owner or operator," or a person who "owned or operated" at the time of disposal or release, as defined in RCW 40.105D.020(22), of a "facility" as defined in RCW 70.105D.020(8). B. LeeLynn Inc. & Wiley Mt., Inc. is au "owner or operator" as defined in RCW 70.105D.020(22) of a. "facility" as defined in RCW 70.105D.020(8). C. Dunollie Enterprises, LLC is an "owner or operator" as defined in RCW 70.105D.020(22) of a "facility" as defined in RCW 70.105D.020(8). D. Yakima Resources, LLC is an "owner or operator" as defined in RCW 70.105D.020(22) of a "facility" as defined in RCW 70.105D.020(8). E. Based upon all facts kuowa to Ecology, a "release" or "threatened release" of "hazardous substance(s)" as defined in RCW 70.105D.020(32) and RCW 70.105D.020(13), respectively, has occurred at the Site. F. Based upon evidence Ecology deems credible, Ecology issued PLP status letters to Office Depot, Inc., LeeLynn Inc. & Wiley Mt., Inc., Dunollie Enterprises, LLC, and Yakima Resources, LLC, dated March 4, 2016, pursuant to RCW 70.105D.040 and WAC 173-340-500. After providing for notice and opportunity for comment, reviewing any comments submitted, and concluding that credible evidence supported a finding of potential liability, Ecology issued a determination that OfficeMax Incorporated, LeeLynn Inc. & Wiley Mt., Inc., Dunollie Enterprises LLC, and Yakima Resources LLC are PLPs at the Site under RCW 70.105D.040 and notified them all of this determination by letter dated April 26, 2016. G. Pursuant to RCW 70.105D.030(1) and .050(L), Ecology may require the PLPs to investigate or conduct other remedial actions with respect to any release or threatened release of hazardous substances, whenever it believes such action to be in the public interest. Based on the Agreed Order No. DE 13959 Page 7 of 26 foregoing facts, Ecology believes the remedial actions required by this Order are in the public interest. H. tinder WAC 173-340-430, an interim action is a remedial action that only partially addresses the cleanup of a site, e.g., that is technically necessary to reduce a threat to human health or the environment by eliminating or substantially reducing one or more pathways for exposure to a hazardous substance, that corrects a problem that tnay become substantially worse or cost substantially more to address if the remedial action is delayed, or that is needed to provide for completion of a site hazard assessment, RI/FS, or design of a CAP. Either party may propose an interim action under this Order which could occur at any time. If the Parties are in agreement concerning the interim action, the Parties will follow the process in Section VD of this Order. If the Parties are not in agreement, Ecology reserves its authority to require interim action(s) under a separate order or other enforcement action under RCW 70.105D, or to undertake the interim action(s) itself. VII. WORK TO BE PERFORMED Based on the Findings of Fact and Ecology Determinations, it is hereby ordered that the PLPs take the following remedial actions at the Site and that these actions will be conducted in accordance with Chapter 173-340 WAC unless otherwise specifically provided for herein: A. Within 90 days of the Effective Date of this Order, the PLPs shall submit to Ecology a Draft RI Work Plan, which shall -include a combined Sampling and Analysis Platt and Quality Assurance Project Plan (SAP/QAPP), a Site Health and Safety Plan (HASP) consistent with the requirements specified in WAC 173-340- 820 (Sampling and Analysis Plans) and WAC 173-340-810 (Worker Safety and Health) and a detailed schedule for implementation. The Draft RI Work Plan, SAP/QAPP, and HASP shalt comply with all requirements for a Site RI set forth in WAC 173-340-350. While Ecology does not approve Site HASPS, such plans must comply with the requirements of the Washington State Department of Labor and IndustriesDivision of Occupational Safety and Health regulations and standards. Agreed Order No, DE I3959 Page 8 of 26 a, The RI Work Plan shall contain or provide for collection of sufficient information to determine the nature and extent of contamination that has resulted from the release(s) of hazardous substances at the Site in all affected or potentially affected media (soil, interstitial air in soil, air, groundwater, drinking water, and/or surface water if applicable). The RI Work Plan shall include a preliminary Conceptual Site Model, and shall provide for all sampling necessary to complete development of the Conceptual Site Model and fully delineate the nature and extent of contamination in all affected and potentially affected media at the Site as required by WAC 173-340-350. b. Ecology will endeavor to provide comments on the Draft RI Work Plan for revision by the PLPs within 30 days of receipt of the Draft RI Work Plan. c. Within 60 days of receipt of review comments from Ecology on the Draft RI Work Plan, the PLPs shall, as necessary, submit to Ecology a Revised RI Work Plan including the SAP/QAPP, HASP and schedule responsive to Ecology's comments and consistent with MTCA. d. Ecology will endeavor to respond regarding approval status within 30 days of receipt of the documents. Upon approval by Ecology, the RI Work Plan, SAP/QAPP, HASP and schedule shall be considered final and become integral and enforceable parts of this Order ("Final RI Work Plan"). Within 60 days of Ecology's approval of the Final RI Work Plan, the PLPs shall initiate implementation of the investigation work described in the Final RI Work Plan. The PLPs shall complete the investigation work as described in and according to the schedule in the Final RI Work Plan. Agreed Order No. DE 13959 Page 9 of 26 C. Within 90 days of completion of the RI activities, the PLPs shall submit to Ecology a Draft RI Report. It after consultation with Ecclogy, the Parties agree that it is prudent to do so, the PLPs may submit a Draft Combined RI/FS Report_ If the PLPs submit a Combined RI/FS Report, subparagraphs a through•c will apply to the Combined Report, and, upon Ecology's approval of the Revised Combined RI/FS Report, the PLPs will proceed directly to preparation of the draft Cleanup Action Plan as provided in Paragraph E. a, Ecology will endeavor to provide comments on the Draft RI Report within 60 days of receipt of the Draft RI Report, or in the case of a Combined RIIFS Report, within in 90 days. b. Within 60 days of receipt of comments by Ecology on the Draft RI Report, the PLPs shall, as necessary, deliver to Ecology a Revised Draft RI Report responsive to Ecology's comments and consistent with MICA. c. Ecology will endeavor to respond on approval status within 30 days. D. In accordance with the FS schedule described in the approved RI Report, the PLPs shall submit a Draft FS Report. The Draft FS Report must comply with the requireinents of WAC 173-340-350. a. Ecology will endeavor to provide comments on the Draft FS Report within 30 days of receipt of the Draft FS Report. b. Within 60 days of receipt of comments from Ecology on the Draft FS Report, the PLPs shall, as necessary, submit to Ecology a Revised FS Report responsive to Ecology's comments and consistent with MICA. c. Ecology will endeavor to respond on approval status within 30 days. E. In accordance with the schedule described in the approved FS Report, the PLPs shall submit to Ecology a draft Cleanup Action Plan (dCAP). a. Ecology will endeavor to provide conunents on the dCAP Report within 30 days of receipt of the dCAP Report. Agreed Order No. DE 13959 Page 10of26 b. Within 60 days of receipt of comments from Ecology on the dCAP, the PLPs shall, as necessary, submit to Ecology a revised draft CAP responsive to Ecology's comments acid consistent with MTCA. F: Any final plans or other final deliverables submitted by the PLPs for Ecology's review and approval shall, upon Ecology's approval, become integral and enforceable parts of this Order. G. Monthly progress reports shall be submitted to Ecology's Project Coordinator via mail or email. The fast progress report shall be submitted to Ecology on or by the 15th of the month following the Effective Date of this Agreed Order and subsequent progress report shall be submitted by the 15th of each month describing work performed the previous month. Monthly progress reports shall continue to be submitted on a monthly basis until. the PLPs submit the Draft RI Report, or until Ecology notifies the PLPs in writing that monthly report submission can be ended. Emergency situations and any conditions significantly delaying work must be reported to Ecology within 24 hours. H. If the Parties agree on an interim action under Section VI.H of this Order, the PLPs shall prepare and submit to Ecology an Interim Action Work Plan, including a Scope of Work and Schedule, by a date determined by Ecology, which shall not be in less than 30 days. Ecology shall endeavor to complete a review and provide written comments to the proposed Interim Action Work Platt within 30 days. Ecology will provide public notice and opportunity to comment on the Interim. Action Work Plan in accordance with WAC 173-340-600(16). The PLPs shall not conduct the interim action until Ecology approves the Interim Action Work Plan. Upon approval by Ecology, the Interim Action Work Nan becomes an integral and enforceable part of this Order, and the PLPs are required to conduct the interim action in accordance with the approved Interim Action Work Plan. Agreed Order No. DE 13959 Page 11 of 26 I. If Ecology determines that the PLPs have failed to make sufficient progress or failed to implement the remedial action required under this Order, in whole or in part, Ecology may, after notice to the PLPs, perform any or all portions of the remedial action that remain incomplete or, at Ecology's discretion, allow the PLPs an opportunity to correct. The PLPs shall reimburse Ecology for the costs of doing such work in accordance with Section VILLA (Remedial Action Costs). Ecology reserves the right to enforce requirements of this Order under Section X (Enforcement). J. Except where necessary to abate an emergency situation, the PLPs shall not perform any remedial actions at the Site outside those remedial actions specified by this Order, unless Ecology concurs, in writing, with such additional remedial actions. VEIL TERMS AND CONDITIONS OF ORDER A. Remedial Action Costs The PLPs shall pay to Ecology costs incurred by Ecology pursuant to this Order and consistent with WAC 173-340-550(2). These costs shall include work performed by Ecology or its contractors for, or on, the Site under Chapter 70.105D RCW, including remedial actions and Order preparation, negotiation, oversight; and administration. Ecology's costs shall include costs of direct activities and support costs of direct activities as defined in WAC 173-340-550(2). For all costs incurred subsequent to August 11, 2016, the PLPs shall pay the required amount within 30 days of receiving from Ecology an itemized statement of costs that includes a summary of costs incurred, an identification of involved staff, and the amount of time spent by involved staff members on the project. A general statement of work performed will be provided by Ecology on. a monthly basis. Itemi7ld statements shall be submitted by Ecology on a quarterly basis to the PLPs. Pursuant to WAC 173-340-550(4), failure to pay Ecology's costs within ninety 90 days of receipt of the itemized statement of costs will result in interest charges at the rate of 12% per annum, compounded monthly. Agreed Order No. DE 13959 Page 12 of26 In addition to other available relief, pursuant to RCW 19.16.500, Ecology may ,!riti7e a collection agency and/or, pursuant to RCW 70.105D.055, file a lien against real property subject to the remedial actions to recover unreunbursed remedial action costs. B. Designated Project Coordinators The project coordinator for Ecology is: Mary Monahan Toxics Cleanup Program Washington State Department of Ecology Central Regional Office 1250 W. Alder Street, Union Gap, WA 98903 Tel: 509-454-7840 Fax: 509.575.2809 mary.monahan@ecy.wa.gov The project coordinator for the PLPs is: Allan Gebhard Senior Vice President Barr Engineering 4300 Market Pointe Drive Suite 200 Minneapolis, MN 55435 Tel: 952-832-2725 Fax: 952-832-2601 Email: agebhard@barr.com Each project coordinator shall be responsible for overseeing the implementation of this Order. Ecology's Project Coordinator will be Ecology's designated representative for the Site. To the maximum extent possible, communications between Ecology and the PLPs, and all documents, iuicluding reports, approvals, and other correspondence concerning the activities performed pursuant to the terms and conditions of this Order shall be directed through the project coordinators. The project coordinators may designate, in writing, working level staff contacts for all or portions of the implementation of the work to be performed required by this Order. Any party may change its respective project coordinator. Written notification shall be given to the other party at least 10 calendar days prior to the change. Agreed Order No. DE 13959 Page 13 of 26 C. Performance All geologic and hydrogeologic work performed pursuant to this Order shall be under the supervision and direction of a geologist licensed in the State of Washington or under the direct supervision of an engineer registered in the State of Washington, except as otherwise provided for by Chapters 18.220 and 18.43 RCW. All engineering work performed pursuant to this Order shall be under the direct supervision of a professional engineer registered in the State of Washington, except as otherwise provided for by RCW 18.43.130. All construction work performed pursuant to this Order shall be under the direct supervision of a professional engineer or a qualified technician under the direct supervision of a professional engineer. The professional engineer must be registered in the State of Washington, except as otherwise provided for by RCW 18.43.130. Any documents submitted containing geologic, hydrolo:. c, or engineering work shall be under the seal of an appropriately licensed professional as required by Chapter 18,220 RCW or RCW 18.43.130. The PLPs shall notify Ecology in writing of the identity of any supervising engineer(s) and geologist(s), contractor(s) and subcontractor(s) to be used in carrying out the terms of this Order, in advance of their involvement at the Site. D. Access Ecology or any Ecology authorized representative may enter and freely move about all property at the Site that the PLPs either own, control, or have access rights to at all reasonable times for the purposes of, inter alia: inspecting records, operation logs, and contracts related to the work being performed pursuant to this Order; reviewing the PLPs' progress in carrying out the terms of this Order; conducting such tests or collecting such samples as Ecology may deem necessary; using a camera, sound recording, or other documentary type equipment to record work done pursuant to this Order, and verifying the data submitted to Ecology by the PLPs. The PLPs shall make all reasonable efforts to secure access rights for those properties within the Site not owned or controlled by the PLPs where remedial activities or investigations will be performed pursuant to this Order. Ecology or any Ecology authorized representative shall give Agreed Order No. DE 13959 Page 14of26 reasonable notice before entering any Site property owned or controlled by the PLPs unless an emergency prevents such notice. All persons who access the Site pursuant to this Section shall be responsible for their own safety and shall comply with any applicable HASP, a copy of which shall be provided to Ecology, together with any subsequent updates. Ecology employees and their representatives shall not be required to sign any liability release or waiver as a condition of Site property access. For the same purposes and subject to the same conditions as set forth above, Ecology or any Ecology authorized representative may enter and freely move about all property that the PLPs either own, control, or have access rights to at the Interstate 82 Exit 33A Site, as referenced in Section V.C. E. Sampling, Data Submittal, and Availability With respect to the implementation of this Order, the PLPs shall make the results of all sampling, laboratory reports, and/or test results generated by it or on its behalf available to Ecology. Pursuant to WAC 173-340-840(5), all sampling data generated under this Order, together with the historical data identified in Exhibit B, shall be submitted to Ecology in both printed and electronic formats in accordance with Section VII (Work to be Performed), Ecology's Toxics Cleanup Program Policy 840 (Data Submittal Requirements), and/or any subsequent procedures specified by Ecology for data submittal. Data submitted in an electronic format to the Ecology Environmental Information Management (EIM) System in compliance with WAC 173-340-840 shall not be considered properly submitted until the EMI Data Coordinator has cleared the data for transfer into the database and the Ecology Project Coordinator has verified that the data is complete and accurate. If requested by Ecology, the PLPs shall allow Ecology and/or its authorized representative to take split or duplicate samples of any samples collected by the PLPs pursuant to implementation of this Order. The PLPs shall notify Ecology seven (7) days in advance of any sample collection or work activity at the Site. Ecology shall, upon request, allow the PLPs and/or their authorized representative to take split or duplicate samples of any samples collected Agreed Order No. DE 13959 Page 15 of 26 by Ecology pursuant to the implementation of this Order, provided that doing so does not interfere with Ecology's sampling, Without limitation on Ecology's rights wider Section MILD (Access), Ecology shall notify the PLPs prior to any sample collection activity unless an emergency prevents such notice. In accordance with WAC 173-340-830(2)(a), all hazardous substance analyses shall be conducted by a laboratory accredited under Chapter 173-50 WAC for the specific analyses to be conducted, unless otherwise approved by Ecology. F. Public Participation RCW 70.105D.030(2)(a) requires that, at a minimum, this Order be subject to concurrent public notice. Ecology shall be responsible for providing this public notice and reserves the right to modify or withdraw any provisions of this Order should public comment disclose facts or considerations which indicate to Ecology that this Order is inadequate or improper in any respect. Ecology shall maintain the responsibility for public participation at the Site. However, the PLPs shall cooperate with. Ecology and shall: 1. Notify Ecology's Project Coordinator prior to the preparation of all press releases, fact sheets, and before major meetings with the interested public and local governments. Likewise, Ecology shall notify the PLPs prior to the issuance of all press releases and fact sheets, and before major meetings with the interested public and local governments. For all press releases, fact sheets, meetings, and other outreach efforts by the PLPs that do not receive prior Ecology approval, the PLPs shall clearly indicate to its audience that the press release, fact sheet, meeting, or other outreach effort was not sponsored or endorsed by Ecology. 2. When requested by Ecology, participate in public presentations on the progress of the remedial action at the Site. Participation may be through attendance at public meetings to assist in answering questions or as a presenter. Agreed Order No. DE 13959 Page 16 of 26 3. When requested by Ecology, arrange and/or continue information repositories to be located at the following locations: Yakima Public Library 102 North 3 Street, Yakima WA 98902 Ecology's Central Regional Office 1250 W. Alder Street, Union Gap, WA 98903 At a minimum, copies of all public notices, fact sheets, and documents relating to public comment periods shall be promptly placed in these repositories. A copy of all documents related to this Site shall be maintained in the repository at Ecology's Central Regional Office in Union Gap, Washington. G. Retention of Records During the pendency of this Order, and for 10 years from the date of completion of work performed pursuant to this Order, the PLPs shall preserve all records, reports, documents, and underlying data in their possession relevant to the implementation of this Order and shall insert a similar record retention requirement into all contracts with project contractors and subcontractors. Upon request of Ecology, the PLPs shall make all records available to Ecology and allow access for review within a reasonable time. Nothing in this Order is intended to waive any right the PLPs may have under applicable law to limit disclosure of documents protected by the attorney work -product privilege and/or the attorney -client privilege. If the PLPs withhold any requested records based on an assertion of privilege, the PLPs shall provide Ecology with a privilege log specifying the records withheld and the applicable privilege. No Site -related data collected pursuant to this Order shall be considered privileged. H. Resolution of Disputes 1. In the event a dispute arises as to an approval, disapproval, proposed change, or other decision or action by Ecology's project coordinator, or an itemized billing statement under Section VIELA (Remedial Action Casts), the Parties shall utilize the dispute resolution procedure set forth below. Agreed Order No. DE 13959 Page 17 of 26 a.. Upon receipt of Ecology's project coordinator's written decision or the itemized billing statement, the PLPs have 14 days within which to notify Ecology's project coordinator in writing of its objection to the decision or itemized statement. b. The Parties' project coordinators shall then confer in an effort to resolve the dispute. If the project coordinators cannot resolve the dispute within 1.4 days, Ecology's project coordinator shall issue a written decision. c. The PLPs may then request regional management review of the decision. This request shall be submitted in writing to the Central Region Toxics Cleanup Section Manager within 7 days of receipt of Ecology's project coordinator's written decision. d. The Section Manager shall conduct a review of the dispute and shall issue a written decision regarding the dispute within 30 days of the PLPs' request for review. The Section Manager's decision shall be Ecology's final decision on the disputed matter. 2. The Parties agree to only utilize the dispute resolution process in good faith and agree to expedite, to the extent possible, the dispute resolution process whenever it is used. 3. Implementation of these dispute resolution procedures shall not provide a basis for delay of any activities required in this Order, unless Ecology agrees in writing to a schedule extension. 4. In case of a dispute, failure to either proceed with the work required by this Order or timely invoke dispute resolution may result in Ecology's determination that insufficient progress is being made in preparation of a deliverable, and may result in Ecology undertaking the work under Section VII (Work to be Performed) or initiating enforcement under Section X (Enforcement). I. Extension of Schedule 1. An extension of schedule shall be granted only when a request for an. extension is submitted in a timely fashion, generally at least 30 days prior to expiration of the deadline for which the extension is requested, and good cause exists for granting the extension. All extensions shall be requested in writing. The request shall specify: Agreed Order No. DE 13959 Page 18 of 26 a, The deadline that is sought to be extended; b. The length of the extension sought; c. The reason(s) for the extension; and d. Any related deadline or schedule that would be affected if the extension were granted. 2. The burden shall be on the PLPs to demonstrate to the satisfaction of Ecology that the request for such extension has been submitted in a timely fashion and that good cause exists for granting the extension. Good cause may include, but may not be limited to: a. Circumstances beyond the reasonable control and despite the due diligence of the PLPs including delays caused by unrelated third parties or Ecology, such as (but not limited to) delays by Ecology in reviewing, approving, or modifying documents submitted by the PLPs; b. Acts of God, including fire, flood, blizzard, extreme temperatures, storm, or other unavoidable casualty; or c. ?ndangerment as described in Section (Endangerment). However, neither increased costs of performance of the terms of this Order nor changed economic circumstances shall be considered circumstances beyond the reasonable control of the PLPs. 3. Ecology shall act upon any written request for extension in a timely fashion. Ecology shall give the PLPs written notification of any extensions granted pursuant to this Order. A requested extension shall not be effective until approved by Ecology. Unless the extension is a substantial change, it shall not be necessary to amend this Order pursuant to Section VIII.J (Amendment of Order) when a schedule extension is granted. 4, An extension dill only be granted for such period of time as Ecology determines is reasonable under the circumstances. Ecology may grant schedule extensions exceeding ninety (90) days only as a result of: Agreed Order No. DE 13959 Page 19 of 26 a. Delays in the issuance of a necessary permit which was applied for in a timely manner; b. Other circumstances deemed exceptional or extraordinary by Ecology; or c. Endangerment as described in Section VIILK (Endangerment). Amendment of Order The project coordinators may verbally agree to minor changes to the work to be performed without formally amending this Order. Minor changes will be documented in writing by Ecology within seven days of verbal agreement. Except as provided in Section VIII.L (Reservation of Rights), substantial changes to the work to be performed shall require formal amendment of this Order. This Order may only be formally amended by the written consent of both Ecology and the PLPs. The PLPs shall submit a written request for amendment to Ecology for approval. Ecology shall indicate its approval or disapproval in writing and in a timely manner after the written request for amendment is received. If the amendment to this Order represents a substantial change, Ecology will provide public notice and opportunity to continent. Reasons for the disapproval of a proposed amendment to this Order shall be stated in writing. If Ecology does not agree to a proposed amendment, the disagreement may be addressed through the dispute resolution procedures described in Section Wall (Resolution of Disputes). K. Endangerment In the event .Ecology determines that any activity being performed at the Site is creating or has the potential to create a danger to human health or the environment on or surrounding the Site, Ecology may direct the PLPs to cease such activities for such period of time as it deems necessary to abate the danger. The PLPs shall immediately comply with such direction. In the event the PLPs determines that any activity being performed at the Site is creating or has the potential to create a danger to human health or the environment, the PLPs may cease such activities. The PLPs shall notify Ecology's project coordinator as soot as possible, but no later than 24 hours after making such determination or ceasing such activities. Upon Ecology's Agreed Order No. DE 13959 Page 20 of 26 direction the PLPs shall provide Ecology with documentation of the basis for the determination or cessation of such activities. If Ecology disagrees with the PLPs' cessation of activities, it may direct the PLPs to resume such activities. If Ecology concurs with or orders a work stoppage pursuant to this section, the PLPs' obligations with respect to the ceased activities shall be suspended until Ecology determines the danger is abated, and the time for performance of such activities, as well as the time for any other work dependent upon such activities, shall be extended in accordance with Section VM.I (Extension of Schedule) for such period of time as Ecology determines is reasonable under the circumstances. Nothing in this Order shall limit the authority of Ecology, its employees, agents, or contractors to take or require appropriate action in the event of an emergency. L. Reservation of Rights This Order is not a settlement under Chapter 70.105D RCW. Ecology's signature on this Order in no way constitutes a covenant not to sue or a compromise of any of Ecology's rights or authority. Ecology will not, however, bring an action against the PLPs to recover remedial action costs paid to and received by Ecology under this Order. In addition, Ecology will not take additional enforcement actions against the PLPs regarding remedial actions required by this Order, provided the PLPs comply with this Order. Ecology nevertheless reserves its rights under Chapter 70.105D RCW, including the right to require additional or different remedial actions at the Site should it deem such actious necessary to protect human health and the environment, and to issue orders requiring such remedial actions. Ecology also reserves all rights regarding the injury to, destruction of, or loss of natural resources resulting from the release or threatened release of hazardous substances at the Site. By entering into this Order, the PLPs do not admit to any liability for the Site. Although the PLPs are committing to conducting the work required by this Order under the terms of this Order, the PLPs expressly reserve all rights available under law, including but not limited to the A eed Order No. DE 13959 Page 21 of 26 right to seek cost recovery or contribution against third parties, and the right to assert any defenses to liability in the event of enforcement. M. Transfer of Interest in Property No voluntary conveyance or relinquishment of title, easement, leasehold, or other interest in any portion of the Site shall be consummated by PLPs without provision for continued implementation of all requirements of this Order and implementation of any remedial actions found to be necessary as a result of this Order. Prior to PLPs' transfer of any interest in all or any portion of the Site, and during the effective period of this Order, PLPs shall provide a copy of this Order to any prospective purchaser, lessee, transferee, assignee, or other successor in said interest; and, at least 30 days prior to any transfer, PLPs shall notify Ecology of said transfer. Upon transfer of any interest, PLPs shall notify all transferees of the restrictions on the activities and uses of the property under this Order and incorporate any such use restrictions into the transfer documents. N. Compliance vyitb Applicable Laws 1. All actions carried out by the PLPs pursuant to this Order shall be done in accordance with all applicable federal, state, and local requirements, including requirements to obtain necessary permits, except as provided in RCW 70.105D.090. At this time, no federal, state or local requirements have been identified as being applicable to the actions required by this Order. 2. Pursuant to RCW 70.105D.090(1), the PLPs are exempt from the procedural requirements of Chapters 70.94, 70.95, 70.105, 77.55, 90.48, and 90.58 RCW and of any laws requiring or authorizing local government permits or approvals. However, the PLPs shall comply with the substantive requirements of such permits or approvals. At this time, no state or local permits or approvals have been identified as being applicable but procedurally exempt under this Section. The PLPs have a eoutinuing obligation to determine whether additional permits or approvals addressed in RCW 70.105D.090(1) would otherwise be required far the remedial Agreed Order No. DE 13959 Page 22 of 26 action under this Order. In the event either Ecology or the PLPs determine that additional permits or approvals addressed in RCW 70.105D.090(1) would otherwise be required for the remedial action under this Order, it shall promptly notify the other party of its determination. Ecology shall determine whether Ecology or the PLPs shall be responsible to contact the appropriate state and/or local agencies. If Ecology so requires, the PLPs shall promptly consult with the appropriate state and/or local agencies and provide Ecology with written documentation from those agencies of the substantive requirements those agencies believe are applicable to the remedial action. Ecology shall make the final determination on the additional substantive requirements that must be met by the PLPs and on how the PLPs must meet those requirements. Ecology shall inform the PLPs in writing of these requirements. Once established by Ecology, the additional requirements shall be enforceable requirements of this Order. The PLPs shall not begin or continue the remedial action potentially subject to the additional requirements until Ecology makes its final determination. 3. Pursuant to RCW 70.10511090(2), in the event Ecology determines that the exemption from complying with the procedural requirements of the laws referenced in RCW 70.105D.090(1) would result in the loss of approval from a federal agency that is necessary for the State to administer any federal law, the exemption shall notapply and the PLPs shall comply with both the procedural and substantive requirements of the laws referenced in RCW 70.105D.090(1), including any requirements to obtain permits. O. Indemnification The PLPs agree to indemnify and save and hold the State of Washington, its employees, and agents harmless from arty and all claims or causes of action for death or injuries to persons or for loss or damage to property to the extent arising from or on account of acts or omissions of the PLPs, their officers, employees, agents, or contractors in entering into and implementing this Order. However, the PLPs shall not indemnify tbe State of Washington nor save nor hold its employees and agents harmless from any claims or causes of action to the extent arising out of Agreed Order No. DE 13959 Page 23 of 26 the negligent acts or omissions of the State of Washington, or the employees or agents of the State, in entering into or implementing this Order. DC. SATISFACTION OF ORDER The provisions of this Order shall be deemed satisfied upon the PLPs' receipt of written notification from Ecology that the PLPs have completed the remedial activity required by this Order, as amended by any modifications, and that the PLPs have complied with all other provisions of this Agreed Order. X. ENFORCEMENT Pursuant to RCW 70.105D.050, this Order may be enforced as follows: A. The Attorney General may bring an action to enforce this Order in a state or federal court. B. The Attorney General may seek, by filing an action, if necessiuy, to recover amounts spent by Ecology for investigative and remedial actions and orders related to the Site. C. A liable party who refuses, without sufficient cause, to comply with any term of this Order will be liable for: 1. Up to three times the amount of any costs incurred by the State of Washington as a result of its refusal to comply. 2. Civil penalties of up to twenty-five thousand dollars ($25,000) per day for each day it refuses to comply. D. This Order is not appealable to the Washington Pollution Control Hearings Board. This Order may be reviewed only as provided under RCW 70.10511060. Agreed Order No. DE 13959 Page 24 of 26 Effective date of this Order: FEB 11 201/ OFFICEMAX INCORPORATED STATE OF WASHINGTON, DEPATMENT OF ECOLO Y Valerie Bound Section Manager Toxics Cleanup Program Central Regional Office Attachments: EXHIBIT A. EXHIBIT B. YAKI114A RESOURCES, LLC LEELYNN, INC. and WILEY MT., INC. DUNOLLIE ENTERPRISES, LLC 5/4 4--0Q o-P VIA-511'5° Site Diagram Historical Data to be Submitted Electronically A4`4114 L*'° 4i/ Agreed Order No. DE 13959 Page 24 of 26 Effective date of this Order: FEB 17 2ort OFFICEMAX INCORPORATED YAIUMA RESOUfiCES, LLC LEELYNN, INC. and WILEY MT., INC. DUNOLLIE ENTERPRISES, LLC STATE OF WASHINGTON, DEP NT OF ECOLOGY ithU AMP Valee Bound Section Manager Toxies Cleanup Program Central Regional Office Attachments: EXHIBIT A. EXHIBIT B. Site Diagram Historical Data to be Submitted Electronically Agreed Order No. DE 13959 Page 25 of 26 Yakima MIII Slte Bouniary EnTax Parcel Boundary and Parcel Number (191316-XXX)N Extent of Municipal Solid Waste (Landau, 2013 Pnase l), Interstate 62 Extt 33A Site Boundary riarevreevu CUL Att Wham. Ihmtpt, 4s to Cr Daltrithka. ti:=Vana MD, Ut0A Irri*„..alr,C11-.10c-osuptd. 0 , V*tt�6.1 tt Oi WU ett..illti 4b11„ 1 01414. 061,40.1,11404,Pdla,f) 4.1. &Ns WC , EPA Ira Obast 6.11211iit 0 EXHIBIT A SITE DIAGRAM Feet 700 ,4C0 Exhibit A SITE DIAGRAM Yakima Mill Site Yakima, WA Agreed Oilier No. DE 13959 Page 26 of 26 141 IT B STORICAL DATA 1. Parametrix, Inc. Phase II Environmental Site Assessment, Former Boise Cascade Mill Site, (DRAFT), December 2008. 2. Fulcrum. Environmental Consulting, Inc. Groundwater Sampling Results for Arsenic Analysis, February 2012 through November 2013, June 10, 2014. 3. Fulcrum Environmental Consulting, Inc. Groundwater Sampling Results for state waste discharge permit, 2012 through 2013 (multiple reports). 4. Fulcrum out -fall constituent screening investigation (samples from February 2005 to August 2006). EXHIBIT G UTILITY EASEMENT FORM Document Title: Utility Easement Reference Number of Related Document: Grantor(s): OfficeMax Incorporated Grantee: City of Yakima Legal Description: See Attachment Assessor's Tax Parcel Number: 191318-41001 UTILITY EASEMENT East-West Corridor and Bravo Co. Boulevard The Grantor, OfficeMax Incorporated, for and in consideration of utility service, conveys and grants unto the City of Yakima and its assigns, Grantee, an easement over, under, upon, and across the hereinafter described lands for a public utility. Said lands being situated in Yakima County, state of Washington, and described in Exhibit A, attached hereto and made a part hereof. It is understood and agreed that delivery of this easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Yakima unless and until accepted and approved hereon in writing for the City of Yakima, by its authorized agent. UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENT AGREEMENT (this "Agreement") is made as of the day of , 2020 (the "Effective Date"), by and between the City of Yakima ("Grantee") and OfficeMax Incorporated, a Delaware corporation ("Grantor"). Each of Grantor and Grantee shall sometimes be referred to herein individually as a "Party," and collectively as the "Parties." RECITALS WHEREAS, Grantor is the owner of the real property generally located at 805 North 7th Street, Yakima, Washington, as more particularly described in Exhibit A attached hereto (the "Grantor Property"); and WHEREAS, in connection with Grantee's contemplated road construction within the former Boise Cascade Mill area, Grantee intends to construct a north -south and east - west roadway that will connect Terrace Heights to the City of Yakima via "H" Street ("Road Improvements"). WHEREAS, through a separate conveyance, Grantee is acquiring from Grantor, in fee simple, the property necessary for construction of the Road Improvements, as more particularly described in Exhibit B ("Grantee Property"). WHEREAS, in connection with Grantee's construction of the Road Improvements, Grantee has requested Grantor to provide Grantee with a permanent easement over, and the ability to remove soil, municipal solid waste, and any other waste or debris from, and regrade portions of, the Grantor Property adjacent to the Grantee Property for 10' on either side, as more particularly described and generally depicted on Exhibit C attached hereto (the "Easement Area"), for purposes of installing, operating, and maintaining utilities, and Grantor has agreed to provide and establish such permanent utility easements, as subject to the terms and provisions hereinafter contained. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee and Grantee's employees, licensees, agents, contractors, subcontractors, and workmen (collectively, the "Grantee Parties"), in favor of the Grantee Property, a permanent utility easement over the Easement Area (the "Easement") for purposes of constructing, operating, and maintaining utilities associated with the Road Improvements, construction of which includes removing soil, municipal solid waste, and any other waste or debris from backfilling, regrading, and restoring the Easement Area, trenching, placement of shoring, pipe bedding, installation of pipe and manholes, and backfill and compaction of the trenches with suitable material. All work to be performed by the Grantee Parties within the Easement Area in connection with the exercise of Grantee's rights under this Agreement shall be referred to herein as the "Easement Area Work." 2. Completion of Easement Area Work and Restoration. Prior to commencement of the Easement Area Work, Grantee shall obtain all necessary governmental approvals for such Easement Area Work, including, specifically, approval by the Washington State Department of Ecology ("Ecology") of the construction activities described in the Interim Action Work Plan — Roadway Project Closed City of Yakima Landfill Site (Landau Associates, May 2, 20] 9) or such other plan as is approved by Ecology for conducting work in the Easement Area (Interim Action Plan"). All Easement Area Work shall be performed in accordance with such approvals and otherwise in accordance with all applicable laws, rules, and regulations, and shall be completed at Grantee's sole cost and expense. Grantee shall also be responsible for proper disposal of all soil, municipal solid waste, and any other waste or debris removed from Grantor Property in connection with the regrading and restoration work in accordance with all applicable laws, rules, regulations, and the Interim Action Plan. Excavation areas will be backfilled with clean fill imported from offsite, compacted and graded to substantially the same elevation as prior to construction, or as otherwise agreed by Grantor. Backfill materials will be suitable for introduction into the Easement Area and will meet geotechnical and environmental requirements consistent with future commercial and/or industrial use of the Properties, and as required by local regulation, state law, and federal law, where applicable. Upon completion of the foregoing work associated with the Road Improvements and regrading of the Easement Area, the final condition of the easement area will be sufficiently stable for the completion of the adjacent roadways, and will otherwise be restored to substantially similar condition as existed prior to road construction and compliant with local regulation, state law, and federal law, where applicable. The Grantee will transmit final restoration plans and record drawings to Grantor upon coinpletion of those plans as required for road construction bid documentation. 3. Consent of Mortgagees. Grantor hereby represents and warrants that it has obtained any required consent to the granting of the easements set forth herein from any mortgagee or other person which has an encumbrance registered against the Grantor Property, if any. 4. Insurance. a. Grantee shall obtain and maintain, or shall cause its general contractor(s) or other Grantee Parties accessing the Grantor Property on Grantee's behalf pursuant to the easement rights granted to Grantee hereunder to obtain and maintain, commercial general liability insurance on an occurrence basis against claims for personal injury, bodily injury, death and/or property damage occurring in or about the Grantee's Road Improvements project or arising out of Grantee's exercise of the easement rights granted herein with limits of not less than $2,000,000 per occurrence and $5,000,000 general aggregate. 2 b. All such insurance obtained by or on behalf of Grantee as required hereunder shall provide primary coverage without contribution from any other insurance carried by or for the benefit of Grantor, and shall include blanket broad -form contractual liability coverage to insure Grantee's indemnity obligations under this Agreement. The deductible or self -insured retention under such policy shall not exceed $100,000. Each insured party shall name Grantor as an additional insured on such policy. The Grantee shall provide Grantor a certificate of insurance evidencing the minimum coverages and limits no later than 10 days prior to the exercise of any rights under the easements granted herein. 5. Indemnity. Grantee agrees to indemnify, defend, and hold harmless the Grantor and its officers, directors, members, managers, shareholders, affiliates, employees, agents, tenants, lenders, successors, and assigns ("Grantor Parties") from any and all claims, causes of action, demands, liabilities, costs, and expenses whatsoever (including without limitation reasonable attorneys' fees and costs), whether such claim, cause of action, demand, liability, cost, or expense is liquidated or contingent, known or unknown, or now existing or hereafter arising (collectively, "Claims"), which the Grantor Parties may suffer or incur due to any damage to property, injury to or death of any person, or otherwise as a result of the entry upon, activities on, or use of the Grantor Property in the exercise of the easement rights granted hereunder by the Grantee Parties, except in the event and to the extent any such Claims arise from or are attributable to the gross negligence or intentional misconduct of one or more of the Grantor Parties. 6. Notices. Any notice required to be given pursuant to this Agreement shall be in writing and shall be sent by certified mail, hand delivery, or overnight courier to the appropriate Parties as follows: Grantor: OfficeMax Incorporated Attention: Jessica M. Callow Assistant General Counsel, Litigation Office Depot, Inc. 6600 North Military Trail Boca Raton, FL 33496 with a copy to: Nelson Mullens Attention: Noelle E. Wooten One Wells Fargo Center 301 South College Street 23'd Floor Charlotte, NC 28202 Email: noelle.wooten@nelsonmullins.com 3 Grantee: City of Yakima Attention: Jeff Cutter, City Attorney 129 North Second Street Yakima, WA 98901 with a copy to: PKG Law P.S. Attention: Andrew King 2701 First Ave., Suite 410 Seattle, WA 98121 Email: andy.king@pkglaw.com Any notice required or permitted to be delivered in connection with this Agreement shall be deemed to be received: (a) if given by certified mail, three (3) business days after when deposited in the mail, postage prepaid, return receipt requested; (b) if given by E-mail transmission, upon the date and time of such transmission as evidenced by the sender's E-mail delivery confirmation; (c) if given by hand delivery, when such notice is received by the Party to whom it is addressed; or (d) if given by an overnight courier service, the day after when deposited with such courier if the service elected is next day delivery, otherwise two (2) days after deposit with such courier. Any Party shall have the right to change its address by giving five (5) days' prior written notice to the other Party. 7. Recorded Encumbrance; Further Assurances. The Parties hereby acknowledge and confirm that this Agreement shall be recorded against the title of the Grantor Property and Grantee Property, and the Parties agree to execute, at the request of Grantee, any further documents or assurances as may be reasonably required in order to give effect to the foregoing provisions of this Agreement. 8. Successors and Assigns. This Agreement and all benefits, rights, covenants, and obligations herein contained shall run with the land and shall respectively inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns, including any future owners of the Grantor Property or Grantee Property. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Washington as to all matters, including, but not limited to, matters of validity, construction, effect, and performance. 10. Counterparts. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. Agreement. 11. Time is of the Essence. Time shall be of the essence with respect to this 4 12. Severability. If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable by a court of competent jurisdiction, such provision shall be stricken and the remainder of this Agreement shall nonetheless retnain in full force and effect unless striking such provision shall materially alter the intention of the Parties. 13. Entire Agreement. This Agreement and the exhibits attached hereto constitute the final and complete agreement and supersede all prior correspondence or agreements between the Parties relating to the subject matter hereof. This Agreement cannot be modified other than by written agreement executed by a duly authorized officer or representative of Grantor and Grantee. 14. Authority. Each Party hereby represents and warrants to the other that (i) it has the full power and authority necessary to enter into this Agreetnent and to grant and convey the easements; (ii) the individual(s) signing this Agreement on its behalf have the authority to bind the Party and to enter into this Agreement; and (iii) it has taken all required action(s) to legally authorize the execution, delivery, and performance of this Agreement. Each Party shall indemnify, defend, and hold the other harmless from any and all damages, losses, expenses, attorney's fees, and costs arising out of any breach of the foregoing representations and warranties. 15. Attorneys' Fees. In the event that any lawsuit or other proceeding is brought to enforce any of the terms hereof, the prevailing Party shall be entitled to recover its costs and expenses incurred in connection with such action or proceeding (including any appeals therefrom) from the non -prevailing Party, including reasonable attorneys' and court fees and costs. [Signatures on following page] 5 IN WITNESS WHEREOF the Parties hereto have hereunto executed this Agreement as of the date first above -noted. GRANTOR: GRANTEE: By: Name: Title: By: Name: Title: 6 STATE OF WASHINGTON ) SS. COUNTY OF YAKIMA certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument, and acknowledged it as the of , to be free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: , 2020. Notary Seal (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of Washington My appointment expires: STATE OF WASHINGTON ) SS. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument, and acknowledged it as the of , to be free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: , 2020. Notary Seal (Signature of Notary (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of Washington My appointment expires: 7 EXHIBIT A Legal Description of Grantor Property EXHIBIT B Legal Description of Grantee Property EXHIBIT C Legal Description and Map of Public Utility Easement Area EXHIBIT H TEMPORARY CONSTRUCTION EASEMENT FORM TEMPORARY CONSTRUCTION ACCESS AND GRADING EASEMENT AGREEMENT Document Title: Temporary Easement Reference Number of Related Document: Grantors: LeeLynn, Inc. and Wiley Mt., Inc. Grantee: City of Yakima Legal Description: Attached as Exhibit A Assessor's Tax Parcel Number: 19138-24001 TEMPORARY EASEMENT East-West Corridor and Bravo Co. Boulevard The Grantors, LeeLynn and Wiley Mt., convey and grant unto the City of Yakima and its assigns, Grantee, the right, privilege, and easement over, upon, and across the hereinafter described lands for the purpose of road construction. The temporary rights herein granted automatically terminate 60 months from closing of the ROW Transaction. The Grantee agrees to negotiate in good faith for earlier termination of the Easement on the City's completion of phases of the Road Improvements. Upon written agreement of termination of the Easement, the Parties hereto agree to file of record a termination of this Agreement in a form reasonably agreed upon by the Parties hereto. Said lands being situated in Yakima County, state of Washington, and described in Exhibit A attached hereto and made a part hereof. It is understood and agreed that delivery of this temporary easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Yakima unless and until accepted and approved hereon in writing for the City of Yakima, by its authorized agent. TEMPORARY CONSTRUCTION ACCESS AND GRADING EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION ACCESS AND GRADING EASEMENT AGREEMENT (this "Agreement") is made as of the day of , 2020 (the "Effective Date"), by and between the City of Yakima ("Grantee") and LeeLynn Inc., an Oregon limited liability company and Wiley Mt., Inc, an Oregon limited liability company (collectively "Grantors"). Each of Grantors and Grantee shall sometimes be referred to herein individually as a "Party," and collectively as the "Parties." RECITALS WHEREAS, Grantors are the owners of the real property generally located at 805 North 7th Street, Yakima, Washington as more particularly described on Exhibit A attached hereto (the "Grantor Property"); and WHEREAS, in connection with Grantee's contemplated road construction within the former Boise Cascade Mill area, Grantee intends to construct a north -south and east -west roadway that will connect Terrace Heights to the City of Yakima via "LI" Street ("Road Improvements") and is obtaining rights -of -way ("ROWs") to further implement Road Improvements in a phased, multi -year construction project. WHEREAS, through a separate conveyance, Grantee is acquiring from Grantor, in fee simple, the property necessary for construction of the Road Improvements, as more particularly described in Exhibit B ("Grantee Property"). WHEREAS, in connection with Grantee's construction of the Road Improvements, Grantee has requested Grantors to provide Grantee with temporary construction access over, and the ability to remove soil, municipal solid waste, and any other waste or debris from, and regrade portions of the of the Grantor Property adjacent to the Grantee Property for 50' on either side, as more particularly described and generally depicted on Exhibit B attached hereto (the "Easement Area"), and Grantors have agreed to provide and establish such temporary construction access and grading easements, as subject to the terms and provisions hereinafter contained. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Grant of Easement and Restoration. Grantors hereby grant to Grantee and Grantee's employees, licensees, agents, contractors, subcontractors, and workmen (collectively, the "Grantee Parties"), in favor of the Grantee Property, a non-exclusive, temporary access and construction grading easement over the Easement Area (the "Easement") for purposes of constructing the Road Improvements and regrading the Easement Area, including excavation/removal of existing materials, municipal solid waste, and any other waste or debris, backfilling, and compaction of the excavation with suitable material, staging of construction equipment, stockpiling of materials, and final grading of the site, provided that such access and use of the Easement Area, and regrading of the Easement 1 Area, by the Grantee Parties (1) shall be accomplished in a manner that does not unreasonably interfere with the use and enjoyment by Grantors and Grantors' employees, tenants, licensees, invitees, patrons, agents, contractors, subcontractors, and workmen of the other portions of the Grantors Property; and (2) shall be coordinated with Grantors to minimize interference with use and enjoyment of the other portions of the Grantors Property. All work to be performed by the Grantee Parties within the Easement Area in connection with the exercise of Grantee's rights under this Agreement shall be referred to herein as the "Easement Area Work". 2. Completion of Easement Area Work and Restoration. Prior to commencement of the Easement Area Work, Grantee shall obtain all necessary governmental approvals for such Easement Area Work, including, specifically, approval by the Washington State Department of Ecology ("Ecology") of the construction activities described in the Inlerini Action Work Plan — Roadway Project Closed City of Yakima Landfill Site (Landau Associates, May 2, 2019) or such other plan as is approved by Ecology for conducting work in the Easement Area ("Interim Action Plan"). All Easement Area Work shall be performed in accordance with such approvals and otherwise in accordance with all applicable laws, rules, and regulations, and shall be completed at Grantee's sole cost and expense. Grantee is also responsible for proper disposal of all soil removed from Grantor Property in connection with the regrading work in accordance with all applicable laws, rules, regulations, and the Interim Action Plan. Grantee acknowledges its responsibility for proper handling, management, and disposal of any material(s), including, without limitation, environmentally - impacted soil, debris, free -product, municipal solid waste, and any other waste or debris, or other environmentally sensitive media, that are removed, disturbed, or otherwise discovered during the course road construction work. Excavation areas will be backfilled with clean fill imported from offsite, compacted and graded to substantially the same elevation as prior to construction, or as otherwise agreed by Grantors. Backfill materials will be suitable for introduction into the Easement Area and will meet geotechnical and environmental requirements consistent with future commercial and/or industrial use of the Properties, and as required by local regulation, state law, and federal law, where applicable. Upon completion of the foregoing work associated with the Road Improvements and regrading of the Easement Area, the final condition of the easement area will be sufficiently stable for the completion of the adjacent roadways, and will otherwise be restored to substantially similar condition as existed prior to road construction and compliant with local regulation, state law, and federal law, where applicable. The Grantee will transmit final restoration plans and record drawings to Grantor upon completion of those plans as required for road construction bid documentation. 3. Termination. The Easement auto mati cal ly terminates 60 months from closing of the ROW Transaction. The Grantee agrees to negotiate in good faith to earlier termination of the Easement on the City's completion of phases of the Road Improvements. Upon written agreement of termination of the Easement, the Parties hereto agree to file of record a termination of this Agreement in a form reasonably agreed upon by the Parties hereto. 4. Consent of Mortgagees. Grantors hereby represent and warrant that they have obtained any required consent to the granting of the easements set forth herein from any mortgagee or other person which has an encumbrance registered against the Grantors Property, if any. 2 5. Insurance. (a) Grantee shall obtain and maintain, or shall cause its general contractor(s) or other parties accessing the Grantors Property on Grantee's behalf pursuant to the easement rights granted to Grantee hereunder to obtain and maintain, commercial general liability insurance on an occurrence basis against claims for personal injury, bodily injury, death, and/or property damage occurring in or about the Grantee's Road Improvements project or arising out of Grantee's exercise of the easement rights granted herein with limits of not less than $2,000,000 per occurrence and $5,000,000 general aggregate. (b) All such insurance obtained by or on behalf of Grantee as required hereunder shall provide primary coverage without contribution from any other insurance carried by or for the benefit of Grantors, and shall include blanket broad -form contractual liability coverage to insure Grantee's indemnity obligations under this Agreement. The deductible or self -insured retention under such policy shall not exceed $100,000. Each insured party shall name Grantors as an additional insured on such policy. The Grantee shall provide Grantors a certificate of insurance evidencing the minimum coverages and limits no later than 10 days prior to the exercise of any rights under the easements granted herein. 6. Indemnity. Grantee agrees to indemnify, defend, and hold harmless the Grantors and their officers, directors, members, managers, shareholders, affiliates, employees, agents, tenants, lenders, successors, and assigns ("Grantor Parties") from any and all claims, causes of action, demands, liabilities, costs, and expenses whatsoever (including, without limitation, reasonable attorneys' fees and costs), whether such claim, cause of action, demand, liability, cost, or expense is liquidated or contingent, known or unknown, or now existing or hereafter arising (collectively, "Claims"), which the Grantor Parties may suffer or incur due to any damage to property, injury to or death of any person, or otherwise as a result of the entry upon, activities on, or use of the Grantor Property in the exercise of the easement rights granted hereunder by the Grantee Parties, except in the event and to the extent any such Claims arise from or are attributable to the gross negligence or intentional misconduct of one or more of the Grantor Parties. 7. Notices. Any notice required to be given pursuant to this Agreement shall be in writing and shall be sent by certified mail, E-mail, hand delivery, or overnight courier to the appropriate Parties as follows: Grantor: LeeLynn, Inc. Attention: Melvin McDougal 600 Dale Kuni Rd. Cresswell, OR 97426 Email: 3 Grantor: Wiley Mt., Inc. Attention: Norman McDougal 600 Dale Kuni Rd. Cresswell, OR 97426 Email: with a copy to: with a copy to: Meyer, Fluegge & Tenney, P.S. James C. Carmody 230 S. 2nd Street Yakima, WA 98901 Phone: 509/575-8500 Fax: 509.575-4676 Tupper Mack Wells PLLC Attention: Matthew D. Wells 2025 First Ave., Suite 1100 Seattle, WA 98121 Email: wells@tmw-law.com Grantee: City of Yakima Attention: Jeff Cutter, City Attorney 129 North Second Street Yakima, WA 98901 Email: jeff.cutter@yakimawa.gov with a copy to: PKG Law P.S. Attention: Andrew King 2701 First Ave., Suite 410 Seattle, WA 98121 Email: andy.king@pkglaw.com Any notice required or permitted to be delivered in connection with this Agreement shall be deemed to be received: (a) if given by certified mail, three (3) business days after when deposited in the mail, postage prepaid, return receipt requested; (b) if given by E-mail transmission, upon the date and time of such transmission as evidenced by the sender's E-mail delivery confirmation; (c) if given by hand delivery, when such notice is received by the Party to whom it is addressed; or (d) if given by an overnight courier service, the day after when deposited with such courier if the service elected is next day delivery, otherwise two (2) days after deposit with such courier. Any Party shall have the right to change its address by giving five (5) days' prior written notice to the other Party. 8. Recorded Encumbrance; Further Assurances. The Parties hereby acknowledge and confirm that this Agreement shall be recorded against the title of the Grantor Property and Grantee Property, and the Parties agree to execute, at the request of Grantee, any further documents or assurances as may be reasonably required in order to give effect to the foregoing provisions of this Agreement. 9. Successors and Assigns. This Agreement and all benefits, rights, covenants, and obligations herein contained shall run with the land and shall respectively inure to the benefit of and 4 be binding upon the Parties hereto and their respective successors and assigns, including any future owners of the Grantor Property or Grantee Property. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Washington as to all matters, including, but not limited to, matters of validity, construction, effect, and performance. 1 1 . Counterparts. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 12. Time is of the Essence. Time shall be of the essence with respect to this Agreement. 13. Severability. If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable by a court of competent jurisdiction, such provision shall be stricken and the remainder of this Agreement shall nonetheless remain in full force and effect unless striking such provision shall materially alter the intention of the Patties. 14. Entire Agreement. This Agreement and the exhibits attached hereto constitute the final and complete agreement and supersede all prior correspondence or agreements between the Parties relating to the subject matter hereof. This Agreement cannot be modified other than by written agreement executed by a duly authorized officer or representative of Grantors and Grantee. 15. Authority. Each Party hereby represents and warrants to the other that (i) it has the full power and authority necessary to enter into this Agreement and to grant and convey the easements; (ii) the individual(s) signing this Agreement on its behalf have the authority to bind the Party and to enter into this Agreement; and (iii) it has taken all required action(s) to legally authorize the execution, delivery, and performance of this Agreement. Each Party shall indemnify, defend, and hold the other harmless from any and all damages, losses, expenses, attorney's fees, and costs arising out of any breach of the foregoingrepresentations and warranties. 16. Attorneys' Fees. In the event that any lawsuit or other proceeding is brought to enforce any of the terms hereof, the prevailing Party shall be entitled to recover its costs and expenses incurred in connection with such action or proceeding (including any appeals therefrom) from the non - prevailing Party, including reasonable attorneys' and court fees and costs. [Signatures on following page] 5 IN WITNESS WHEREOF the Parties hereto have hereunto executed this Agreement as of the date first above -noted. GRANTOR: GRANTOR: GRANTEE: By: Name: Title: By: Name: Title: By: Name: Title: 6 STATE OF WASHINGTON ) SS. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument, and acknowledged it as the of , to be free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: , 2020. Notary Seal STATE OF WASHINGTON COUNTY OFYAKIMA (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of Washington My appointment expires: ) SS. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument, and acknowledged it as the of , to be free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: , 2020. Notary Seal (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of Washington My appointment expires: 7 7 EXHIBIT A Legal Descrintion of Grantor Propertx EXHIBIT B Legal Description of Grantee Property EXHIBIT C Legal Description and Map of Easement Area EXHIBIT I RECIPROCAL ACCESS AGREEMENT ACCESS AGREEMENT This Access Agreement made and entered into by OfficeMax Incorporated, a Delaware Corporation, as successor to Boise Cascade Corporation ("OfficeMax"); Yakima Resources, LLC, a Washington limited liability company ("Yakima Resources"); LeeLynn, Inc. and Wiley Mt., Inc., both Oregon Corporations (collectively "Owners"); and the City of Yakima, a municipal corporation in the state of Washington (the "City") (individually a "Party," and collectively referred to as the "Parties"). RECITALS A. OfficeMax is the current owner of the real property legally described in the attached Exhibit A (the "Landfill Property"). The Landfill Property is identified by Yakima County Assessor Tax Parcel No. 191318-41001. B. OfficeMax leases the Landfill Property to Yakima Resources pursuant to a lease agreement dated February 11, 2004, titled the South Parcel Lease, and recorded in Yakima County under Yakima County Auditor's File No. 7384573. C. In 2011, 2014, and 2016, OfficeMax, Yakima Resources, and the City entered into access agreements to allow the City to conduct investigations on the Landfill Property, including the installation of monitoring wells and gas probes, some of which remain on the Landfill Property. The access agreements for 2011 and 2014 expired. This Access Agreement is intended to supersede and replace the 2016 access agreement. D. Owners are the current owners of real property legally described in the attached Exhibit B. The property described in Exhibit B includes parcels identified by Yakima County Assessor Tax ParcelNos. 191318-12001, 191318-21003, 191318-24001, 191318-42001, 191318- 42404, 191318-42003, 191318-43539, and 191318-31539 (collectively the "Mill Properties"). The Landfill Property and Mill Properties are collectively referred to as "Properties." E. In 2013, 2014, and 2016, Owners and the City entered into access agreements to allow the City to conduct investigations on the Mill Properties, including the installation of monitoring wells and gas probes, some of which remain on the Mill Properties. The access agreements for 2011 and 2014 expired. This Access Agreement is intended to supersede and replace the 2016 access agreement. F. In 2017, OfficeMax, Yakima Resources, Owners, and Dunollie Enterprises, LLC entered into an Agreed Order with Washington State Department of Ecology ("Ecology"), to conduct a Remedial Investigation ("RI"), prepare a Feasibility Study ("FS"), and prepare a draft Cleanup Action Plan ("dCAP") for the Yakima Mill Site ("Mill Site") under Agreed Order No. DE 13959. G. In 2018, the City entered an Agreed Order with Ecology to complete an interim action, update a Conceptual Site Model ("CSM"), prepare a FS, and prepare a dCAP for the Landfill Cleanup Site ("Landfill Site"). The Agreed Order is called the Interstate 82 Exit 33A Landfill Facility Agreed Order No. DE 15861. H. The Landfill Site and Mill Site are defined in relation to one another and are generally depicted in Exhibit C, Site Diagram. The Landfill Site is defined in the Interstate 82 Exit 33A Landfill Agreed Order No. DE 15861 as "the area at the general location above where municipal solid waste has come to be located, or which is affected by a release or threatened release of hazardous substances from such municipal solid waste; more specifically, the edges of the municipal solid waste and any leachate impacted surrounding soils, the extent of any contaminated groundwater plume, and vapor phase gas in the unsaturated zones above the municipal solid waste." The Mill Site is defined in the Yakima Mill Site Agreed Order No. DE 13959 "by the extent of contamination caused by releases of hazardous substances at the Site, which, based on facts known as of the effective date of this Order, is exclusive of any area 1) where municipal solid waste has come to be located, or 2) which is affected by a release or threatened release of hazardous substances from municipal solid waste." 1. The City is building road and utility infrastructure improvements through the Properties and touching the Mill Site and Landfill Site. To this end, the City is acquiring rights of way ("ROWs") in fee simple, utility easements, and temporary construction easements ("TCEs") across portions of the Properties, as generally depicted in Exhibit D, Bravo Co. Blvd. Right of Way Plans. Legal Descriptions for the areas to be acquired in fee, or for the granting of utility easements and TCEs, are included as Exhibit E. To the extent that the road and utility infrastructure work affects the Mill Site and Landfill Site, it is being conducted as an interim action under Agreed Order No. DE 15861. J. The City, OfficeMax, Yakima Resources, and the Owners wish to provide reciprocal access to Properties or portions of Properties necessary to undertake the responsibilities required by the Parties' respective Agreed Order obligations after the closing of the ROW transaction ("ROW Transaction"). K. In addition, the City wishes to grant OfficeMax, Yakima Resources, and the Owners access to portions of their Properties that are made inaccessible or stranded due to the ROW Transaction. L. Finally, to the extent the Owners, Yakima Resources, or OfficeMax wish to gain access to locations within TCE areas prior to TCE termination or expiration, the City wishes to provide access on a case -by -case basis, upon written notification from requesting party, consultation with the City's consultants and contractors, and written confirmation of time, place, and activities to be conducted within the TCE areas. As provided below, the City will not authorize access to TCEs prior to termination if such access interferes with road construction activities. 2 TERMS AND CONDITIONS NOW, THEREFORE, in consideration of the above, and for other good and valuable consideration, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are incorporated herein as terms and conditions of this Access Agreement. 2. Use of Property. 2.1 Access for Agreed Order Work. In accordance with the terms and provisions of this Access Agreement, each Party and its authorized employees, representatives, agents, invitees (including Ecology), engineers, surveyors, and contractors, and their respective agents, subcontractors, and employees, may access and enter portions of the Landfill Property and Mill Properties as necessary to perform work under their respective Agreed Orders, including the perforinance of the RI, preparation of the CSM and FS, and the preparation of the dCAP deliverables ("Agreed Order Work"). This grant of access does not apply to the City's interim action work, access for which is provided by the ROW Transaction. Access for Agreed Order Work must be reasonable and necessary, and must be required by Ecology pursuant to the Agreed Order of the Party seeking access ("Accessing Party"). The Accessing Party must provide a scope of work for owner's and/or lessor's review and must obtain written approval for the scope of work and other reasonable incidental or related activities in furtherance thereof at least 15 days prior to entry onto the Properties. Authorized employees, representatives, agents, invitees, engineers, surveyors, and contractors, and their respective agents, subcontractors, and employees shall only include those necessary for the performance and oversight of Agreed Order Work. 2.2 Access to Stranded Parcel(s). To the extent that the ROW Transaction creates inaccessible areas on property now owned or leased by OfficeMax, Yakima Resources, or the Owners, the City authorizes the current owner and lessee, and their authorized employees, representatives, agents, invitees, engineers, surveyors, and contractors, and their respective agents, subcontractors, and employees, to cross the ROWs and related easement areas with personnel, vehicles, equipment and materials to access and enter the inaccessible properties for all purposes, including the conduct of Agreed Order Work. access will not be restricted, but shall be subject to reasonable conditions due to road construction activities. The City and Yakima Resources and Owners will produce a short document with the location, timing, and nature of access annually upon the closing date of the transaction, that will take into consideration road construction activities, property use and development needs. OfficeMax shall be given the opportunity to review, comment upon and supplement such document to the extent it has additional access needs for purposes of execution of its obligations under the Mill Site Agreed Order No. DE 13959. An access plan for 2020 and 2021 will be provided in closing documents of the ROW Transaction. 2.3 Access to TCE Areas Prior to TCE Termination. In addition to the grants of access provided in Paragraphs 2.1 (Access for Agreed Work) and 2.2 (Access to Stranded Parcel(s)), the City may provide access, as provided in the Paragraph, on a case -by -case basis to the extent the Owners, Yakima Resources or OfficeMax wish to gain access to locations within TCE areas prior to TCE termination for activities outside the requirements of their Agreed Order. To the extent 3 feasible, the Party requesting access will provide 15-days written notification to the City and consult with the City's agents and contractors regarding proposed activities. The City will provide written confirmation of its authorization of times, locations, and activities to be conducted within the TCE areas within the 15-day notice window, unless reasonably delayed by consultation issues. The City will not authorize access to TCE areas prior to termination if proposed activities would interfere with road construction activities. Contemplated TCE area activities include survey work or work required for generating plans for redevelopment. This Paragraph does not apply to or modify the grants of access provided in Paragraphs 2.1 and 2.2. 2.4 Access: Non -Interference. The Parties' exercise of their right to access the Properties will not unreasonably interfere with normal activities, including, but not limited to, road construction and activities necessary for construction or log yard material reclamation, conducted by the current fee owner, lessee or easement beneficiary of property. Without limitation, the Accessing Party shall be presumed not to be liable under this Paragraph for unreasonable interference with owner's, lessee's or easement beneficiary's activities at the Properties, unless the Accessing Party is given actual, prior notice of the nature, extent, and timing of that activity and provided that the Accessing Party provides owner, lessee, easement beneficiary and Ecology (Mary Monahan for the Mill Site or Frank Winslow for the Landfill Site) with 7 days' advance notice before conducting invasive activities. The Parties have a good faith obligation to coordinate with one another to allow the Accessing Party and its consultants to complete Agreed Order Work without causing unreasonable interference prohibited in this Paragraph 2.6. 2.5 Access: Safety. Each Party shall be solely responsible for the safety of its authorized employees, representatives, agents, invitees, engineers, surveyors, and contractors, and their respective agents, subcontractors, and employees, including preparing, implementing, and enforcing Health and Safety Plans (HASPs) as may be required by Washington law, including any necessary hazardous materials training for those conducting the work. 2.6 Access: Site Restoration. The following shall apply to all workconducted by any Party exercising its access rights under this Access Agreement. 2.6.1 The Accessing Party acknowledges its sole responsibility for proper handling, management, and disposal of any material(s), including, without limitation, environmentally -impacted, soil, debris, free -product, or other environmentally sensitive media, that are removed, disturbed, or otherwise discovered during the course of performing the Agreed Order - required work and that cannot be properly backfilled. 2.6.2 The Accessing Party shall be solely responsible for and shall ensure that any damage to or penetration through the landfill cap is repaired to reasonable condition. 2.6.3 The Accessing Party shall backfill test pit locations and return the surface to substantially the same condition present before excavation. If the Accessing Party's excavation equipment becomes visibly contaminated with oil or other contaminants, the Accessing Party shall clean the equipment before proceeding to other locations to prevent cross -contamination. 4 2.6.4 The Accessing Party shall promptly dispose any investigation derived waste it may generate in conducting the work authorized by this Access Agreement, including any drums temporarily stored on site pending laboratory analysis, at appropriate off -site facilities, and shall be solely responsible for the cost of disposal. Any temporary storage of drums by an Accessing Party will occur on property owned or controlled by that Accessing Party. 2.6.5 At such time as the Parties determine in writing that monitoring wells and gas probes installed under prior access agreetnents or this Access Agreement are no longer needed for investigation of the Properties, whether under Ecology Agreed Orders or otherwise, the Party responsible for installation shall arrange for decommissioning of such wells and probes in accordance with applicable regulations, including WAC Chapter 173- 160, at its sole cost. Prior to decommissioning, the Party responsible for installation will make its wells and probes available to others for sampling, including such sampling as may be required under Ecology Agreed Orders. If a Party conducts sampling of another Party's wells or gas probes, the sampling Party shall provide the owner copies of the sampling data in hard copy and electronic copy suitable for entry into Ecology's Electronic Information Management system. Parties with wells and gas probes on their own property accept responsibility for any damage or harm they cause to gas probes or monitoring wells during their sampling events. 3. Indemnification. 3.1 Indemnity. The Accessing Party shall indemnify, defend, and hold harmless property owner(s), lessee or easement beneficiary, as applicable, and all of their respective affiliates, members, officers, employees, directors, distributors, suppliers, customers, and agents (collectively referred to in this Section 3 as "Indemnitees") from and against any and all liability, loss, damage, or expense, including legal fees and costs of defense, arising from any claim, action, or cause of action asserted against Indemnitees arising from the Accessing Party's actions and performance of the work performed under the right of access granted in this Access Agreement and as a result of: (i) any breach of this Agreement by the Accessing Party; (ii) negligence or willful misconduct on the part of the Accessing Party, its employees, representatives, agents, invitees, and their respective agents, subcontractors, and employees; and/or (iii) the Accessing Party's failure to comply with federal, state, local, or other applicable law in the access granted and work performed under this Access Agreement. The Accessing Party shall not be responsible to Indemnitees for any such liability, loss, damage, or expense, including legal fees and costs of defense or for any claim, action, or cause of action to the extent they result from or are caused by the acts or omissions of Indemnitees, their employees, subcontractors, consultants, or agents. 3.2 Notice of Claim. This duty to indemnify shall not arise, however, unless Indemnitees notify the Accessing Party within a reasonable period after they receive actual notice of such claim. The Accessing Party may, at its option, settle claims brought against Indemnitees that it is obligated to indemnify and defend if OfficeMax, Yakima Resources, Owners, or the City, as appropriate, authorize such settlement in writing. Indemnitees' authorization shall not be unreasonably withheld. 3.3 Survival. The obligations of the Accessing Party pursuant to this Section shall survive the termination of this Agreement. 5 3.4 Limitation of Liability. Except for the Accessing Party's indemnification obligations, in no event will the Accessing Party be liable for any indirect, special, incidental, or consequential dainages, whether based on contract, tort, or any other legal theory, including, without limitation, loss of data or its use, loss of profits, loss of business, or other economic damages, even if advised of the possibility of such loss or damage. 4. Insurance. 4.1 Liability Insurance. During the perforinance of any work authorized under this Access Agreement, the Accessing Party or its contractor or consultant, at its cost and expense, shall purchase and maintain the insurance set forth in this Section 4. 4.2 Workers' Compensation Liability. Workers' Compensation insurance shall be provided as required by Washington State law. 4.3 General Liability. The Accessing Party, or its contractor or consultant performing work under this Agreement, shall maintain a Commercial General Liability (Occurrence) policy, which policy shall include coverage for infringement of copyrights and trademarks, and advertising injury, premises and operations, products and completed operations, contractual liability, broad forin property damage, including completed operations, and personal injury liability. The policy shall have a combined single limit for bodily injury and property damage of $2,000,000 each occurrence and $5,000,000 general aggregate. 4.4 Automobile Liability. The Accessing Party, or its contractor or consultant performing work under this Agreement, shall maintain an Automobile Liability policy with a combined single limit for bodily injury and property damage of not less than $2,000,000 for each accident. The policy shall cover all owned, hired, and non -owned automobiles used in the performance of the work under this Agreement and shall include coverage for Automobile Contractual Liability. 4.5 Professional Liability Errors & Omissions. For any work performed under this Agreement, the Accessing Party, or its primary contractor or consultant responsible for performing or arranging for performance of the work under this Agreement, shall maintain a Professional Liability Errors & Omissions policy in an amount no less than $2,000,000 for each occurrence. 4.6 Insurance Certificate. The Accessing Party shall not be permitted to enter onto the Properties without first delivering to the parties to this Agreement or their designated representatives, certificates from the Accessing Party's insurers, or the Accessing Party's contractor or consultant's insurers, evidencing the above -referenced coverage. Each certificate: 4.6.1 Except for Workers' Compensation and Professional Liability Errors & Omissions coverage, shall name "OfficeMax Incorporated, its subsidiaries, affiliates, directors, officers, and employees" and "Yakima Resources, its members, subsidiaries, affiliates, directors, 6 officers, and employees," or "LeeLynn, Inc. and Wiley Mt. Inc., its subsidiaries, affiliates, directors, officers," or "City of Yakima," as appropriate, as its additional insureds; and 4.6.2 Shall provide on its face that the policies it represents will not be terminated, amended, or allowed to expire without 30 days' prior notice to OfficeMax, Yakima Resources, Owners, or the City, as appropriate. 4.7 No Waiver. Failure of OfficeMax, Yakima Resources, Owners, or the City to demand insurance certificates or other evidence of full compliance with these insurance requirements or failure of OfficeMax, Yakima Resources, Owners, or the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Accessing Party's obligation to maintain such insurance. 4.8 Deductibles. The Accessing Party may purchase the above -required insurance policies with such reasonable deductibles as it may elect, provided that losses not covered by reason of such deductible shall be for the Accessing Party's account. 4.9 Interests. The policies shall provide on their face a severability of interests clause, generally providing, "the insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with regard to the limits of the company's liability." 5. Assignment. No Party shall assign this Agreement without the prior written consent of the other Parties, which consent shall not be unreasonably withheld or delayed. Any attempt to assign this Agreement without prior consent shall be void. 6. Notice. Any notice, consent, request, demand, or other document required to be given to the Parties shall be in writing and be delivered or mailed to the receiving Parties at the following addresses: For OfficeMax: Copy to: OfficeMax Incorporated Attention: Jessica M. Callow Assistant General Counsel, Litigation Office Depot, Inc. 6600 North Military Trail Boca Raton, FL 33496 Noelle Wooten Nelson Mullins Riley & Scarborough LLP One Wells Fargo Center 23rd Floor 301 South College Street Charlotte, NC 28202 noel le.wooten@nelsonmull ins.com 7 For Yakima Resources: Greg Demers Yakima Resources, LLC P.O. Box 876 Veneta, OR 97487 Copy to: Matthew D. Wells Tupper Mack Wells PLLC 2025 1st Avenue, Suite 1100 Seattle, WA 98121 well s@tmw-law.com For Owners: LeeLynn, Inc. & Wiley Mt., Inc. c/o Larry Gildea PO Box 518 Creswell, OR 97426 Copy to: Matthew D. Wells Tupper Mack Wells PLLC 2025 1st Avenue, Suite 1100 Seattle, WA 98121 wells@tmw-law.com For the City: Jeff R. Cutter, City Attorney City of Yakima 200 S. 3rd St. Yakima, WA 98901-2830 Copy to: Kurt Peterson PKG Law, P.S. 2701 First Ave., Suite 410 Seattle, WA 98121 kurt.peterson@pkglaw.com andy.king@pkglaw.com 7. Modifications. This Access Agreement contains the entire understanding of the Parties with respect to the specific matters set forth herein. Any change, amendment, or alteration to this Access Agreement must be in writing and signed by all Parties to be effective. Each Party warrants that it is not relying on any other representations, whether written or oral, in entering into this Access Agreement. 8. No Admissions. Nothing contained in this Access Agreement shall be construed as an admission of any fact or liability of any Party to this Access Agreement. Pursuant to federal and state rules of evidence, this Access Agreement shall not be admissible in any court or administrative proceeding as evidence of responsibility or liability of any Party with regard to any hazardous substances at the Properties. This Access Agreement is admissible, however, in any action taken to enforce the terms and conditions of this Access Agreement. No actions taken pursuant to this Access 8 Agreement shall be construed as an admission of liability or equitable responsibility for the presence of any hazardous substances at or near the Properties. 9. Third Parties. This Access Agreement is not intended for the benefit of any third party and is not enforceable by any third party, including, but not limited to, federal, state, and local regulatory agencies. 10. Compliance with Law. The Accessing Party, its agents, employees, representatives, invitees, contractors, consultants, and subcontractors, shall, in the performance of activities authorized under this Access Agreement, comply with all applicable laws, ordinances, rules, and regulations of governmental and quasi -governmental agencies having jurisdiction over the Properties. 11. Sampling Data in Conformance with Applicable Ecology Standards. Any environmental or geotechnical sampling or testing for Agreed Order Work will meet Ecology standards for data quality and will comply with the Sampling Analysis Plan ("SAP"), the Quality Assurance Project Plan ("QAPP"), and the Site Health and Safety Plan ("HASP") approved by Ecology for prior Landfill or Mill Site investigation efforts. For any sampling conducted under this Access Agreement, the accessing Party shall, within 30 days of completion of data validation, provide to the parties to this Agreement copies of all sampling data in hard copy and electronic copy suitable for entry into Ecology's Electronic Information Management system. 12. Survey Data and Field Observations. The Accessing Party shall provide to the parties to this Agreement survey information generated through the Accessing Party's work under this Agreement, such as GPS coordinates for road control points and alignments, test pits, and gas probes. The Accessing Party shall also provide copies of test pit and boring logs, field notes and photographs generated through the Accessing Party's Agreed Order Work under this Agreement. 13. Governing Law and Venue. This Access Agreement shall be interpreted and enforced pursuant to the laws of the state of Washington. Venue for any lawsuit arising out of this Access Agreement shall be in Yakima County, Washington. 14. Duration. This Access Agreement shall remain in effect until thirty (30) days following written notice oftermination ofthis Access Agreement by OfficeMax, Yakima Resources, Owners, or the City, provided, however, that in the event of early termination, the Parties will coordinate to provide continued access as necessary for completion of Agreed Order Work. 15. Prevailing Party. In any action brought to enforce the terms of this Access Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and consultants' costs incurred therein. 16. Dispute Resolution. Any dispute that may arise under this Access Agreement shall be resolved according to this Paragraph 16. If any Party alleges a breach or violation of any provision of this Access Agreement, it shall provide written notice of the alleged violation to the other Party. The Parties and/or their attorneys shall meet in person as soon as reasonably possible to attempt to resolve the dispute. If the Parties cannot resolve the dispute within 30 days of such meeting, the 9 Parties shall agree on a mediator to mediate the dispute. The mediation shall be non -binding on the Parties. In the event the mediation is unsuccessful and the Parties are not able to resolve the dispute, each Party reserves all rights and defenses available to it under applicable laws. 17. Counterparts. This Access Agreement may be executed in counterparts, each of which shall be deemed to be an original and of equal force and effect. 18. Headings. The headings used in this Access Agreement have been inserted for convenience only and shall not affect the construction of this Access Agreement. 19. Authorized to Execute. Each person executing this Access Agreement represents and warrants that he or she is fully authorized to execute this Access Agreement on behalf of the Party he or she represents. 20. Relationship of Parties. Nothing in this Access Agreement shall be deemed to create a partnership or joint venture and/or principal and agent relationship between or among the Parties. No Party or authorized representative shall have authority to act as a general agent forthe other Party or to bid for or undertake any contracts enforceable against the other Party. 21. Representation. Each Party acknowledges and represents that it has relied on the legal advice of its attorney, who is the attorney of its own choice, that the terms of this Access Agreement have been completely read and explained to it by its attorney, and that the terms are fully understood and voluntarily accepted. 22. Construction. This Access Agreement or any portion thereof shall not be construed against one Party or the other as drafter but shall be construed as if drafted by all Parties. 23. Unenforceable Provisions. If any provision of this Access Agreement is held to be unenforceable for any reason, it shall be adjusted, rather than voided, if possible, to achieve the intent of the Parties. If any portion of this Access Agreement becomes unenforceable, null, or void, the balance of the Access Agreement shall remain in full force and effect. 24. Effective Date. This Access Agreement shall become effective as of Closing of the ROW transaction. It shall survive closing, and remain in effect until terminated by parties in writing. IN WITNESS WHEREOF, the Parties have executed this Access Agreement on the dates set forth below. OFFICEMAX INCORPORATED YAKIMA RESOURCES, LLC By: By: Printed: Printed: Title: Title: Date: Date: 10 LEELYNN, INC. WILEY MT., INC. By: By: Printed: Printed: Title: Title: Date: Date: CITY OF YAKIMA By: Printed: Title. Date: EXHIBIT J YAKIMA CITY COUNCIL RESOLUTION APPROVING EXECUTION OF AGREEMENT A RESOLUTION RESOLUTION NO. R-2020- authorizing the execution of a Purchase and Sale Agreement between the City of Yakima and LeeLynn, Inc.; Wiley Mt., Inc., Dunollie Enterprises, LLC, Yakima Resources, LLC, Frontier Resources, LLC, and OfficeMax Incorporated (together "Parties") for Rights -of -Way, Temporary Construction Easements, and Utility Easements. WHEREAS, Yakima County and the City of Yakima have developed the East-West Corridor Project to provide an alternative Yakima River crossing connecting the growing neighborhood of Terrace Heights to the City, to relieve congestion along Yakima Avenue and at other intersections in the City, and to aid in development of improvements at the Cascade Mill Redevelopment Project with Local Infrastructure Financing Tool funds, and WHEREAS, the East-West Corridor will connect with Bravo Company Boulevard, which will connect improvements at the Fair Avenue Roundabout to the south and H Street to the north, will link to and access Interstate 82, and will continue eastward under Interstate 82 and across the Yakima River and join the project's eastern boundary at Butterfield Road, and WHEREAS, the City seeks to acquire fee title to certain property over and through portions of the former Boise Cascade Mill Site for use as transportation rights -of -way, together with corresponding utility easements and temporary construction easements as part of the East-West Corridor and Bravo Company Boulevard Projects, as fully described in the Purchase and Sale Agreement attached hereto and incorporated herein by this reference, and WHEREAS, over the past year the City and the Parties have negotiated the attached Purchase and Sale Agreement to provide fair market value for the properties sought, and to address the City's and Parties' responsibilities associated with remediating environmental issues resulting from the Landfill Site and the Yakima Mill Site, upon which the road projects will be constructed; and WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima, its development and future growth, and for the preservation of the City's residents' health and safety to enter into the attached Purchase and Sale Agreement; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Purchase and Sale Agreement, along with all related offer letters, exhibits, and attachments necessary to complete the property transactions associated therewith, that provide necessary property interests to construct Bravo Company Boulevard over and through the former Cascade Mill Site Redevelopment Project and connecting to the East-West Corridor. ADOPTED BY THE CITY COUNCIL this day of , 2020. Patricia Byers, Mayor ATTEST. Sonya Claar Tee, City Clerk