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HomeMy WebLinkAbout06/16/2020 04F Boise Cascade Mill Site; Real Estate Purchase and Sale Agreement for ROW and Easements Aquisition 't..an,gtntj ka d E$A dot 15 aY BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 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. In 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 Type D resolution 6/812020 Carer Memo D Purchase&Sale Agrwment G5/2020 Contr t 3 RESOLUTION NO. R-2020- A RESOLUTION 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-1 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, 4 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. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk 5 REAL ESTATE PURCHASE AND SALE AGREEMENT This Real Estate Purchase and Sale Agreement(the "Agreement")is made this 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 11, 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 611 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 - 6 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 Exhibit B. 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. 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. 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. K 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 the Properties ("Yakima Mill Site Agreed Order"). The Order is attached hereto as Exhibit F. - 2 - 7 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 - 8 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: 3.1 To OfficeMax: Seventy Five Thousand Dollars($75,000.00). 3.2 To LeeLynn and Wiley Mt.: Five Hundred Ninety Thousand Dollars ($590,000.00). 3.3 To Yakima Resources: Seventy Five Thousand Dollars ($75,000.00). 4. Title. 41 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"). 42 Survey. 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 Survey 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 by Purchaser. 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 - 9 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. 44 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. 51 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 - 10 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 I. 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. If 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. 54 City's Assumption of Responsibility for MSW at LandFdl 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 liable parties that are not parties to this Agreement in Section 5.7 below. 5.4.3 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 - 11 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 City'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. 56 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. LeeLynn. 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: 61 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 - 12 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. 66 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. 67 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. 68 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 - 13 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. 8.3 Proration. 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 - 14 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 I. 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 the following 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 - 15 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 Fl 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 1100 Seattle, WA 98121 - 11 - DocuSign Envelope ID:23EBFF8F-2AED-4F64-B242-68D6124FF243 16 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 By: DATE , City Manager SELLERS: OfficeMax Incorporated, formerly known as Boise Cascade Corporation DocuSigned by: 5/29/2020 B : C� ' CLAWO Y �I-at AA9 2467 DATE Its: vice •resi dent DocuSigned by: 5/29/2020 By: DATE Its: Vi ce - 'saPtitiTt4ASP5Treasurer DS OD/OMX - 12 - Legal Reviewed 17 Yakima Resources } a DATE Its: t , ti Y"Yi 'I LeeLynn, Inc., �"�/ DATE i . Its: -' '' �Ct'.�i c4-E Wiley Mt., Inc. °' 'ff, I By DAT 1 y p e)! A Frontier Res ces L i ° By: DAT 1 ` -PcriA lie If a iniQ,e,r ... Dunollie nterprises, LLc .w DATE 1 i Pn E{ . '3' 18 EXHIBIT A RIGHT-OF-WAY ("ROW") DEVELOPMENT PLANS N VW 11 `� Proposed 6 • Cif of Yakima \ Bravo Company Blvd isi L\tss.st Bravo Company Blvd ....,007,4\ HARTENFUFOAQ s �rt Right of Way Plans I il 1 HLA Project No. 11062 `F November 2016 +A FA}RAVENUE w tly G AVES15. """:. OP- LEGEND EXISTING FEATURES PROPOSED NEW FEATURES Sheet Index R04-0E-WAY -- BIGAT-OF-WAY SECN9N •••••••_•••.•_ •- •_ EASEMLY' EASEt4EKT - — — — — - cONA ANO GUMS wn,r...“::: ..m: Sheet '� Cover f Vicinity Map FCNBE SEWM UNE GAS OE WAW UNE Sheet 2 Overall SANIMMSY SE WCR M t&44 ORAN/ DOMES%WRIER IRRMATI Yi PIE Sheets 3- 14 Detailed Right of Way Plans STORM ORAiN NAKKCi£ OVERHEAD PPrtft NWI4-Cf WAT VMMATION ACOmMt0 / '' ,`/ ""/' RIMY PCEE ANHCtE 4D4t'f GA¢E4+EYi ? ��v?ti R MMSY¢E¢ ACGniyFO Ceeli BAVN rItW X'NRAAT C3NSiAVGD9x /\\7\ ` `. WATER YAL4E FA 1 ENT ABIXJIRE0 WATER Bi.QMtP SPVCE BGk SKEET UGNi NAIER mum. II-1-19_ JOB NUMBER, OATS UPOATLD R W PER LOCHNER LAY4,17 j C11'( OF '(/\L yI A ffngEY 2$03River Road ,,.Ga6ATE0 NOSY PFS I.00NNER r0E1i l 11-3-16 11D62 t0-2W tKi YBkUa,WA9S Oj F!NAN U )I T,$ (eH11GH�j lttW+-I6 FILE MARLS' I $D§9.90.3d 6RAPdNe gn-esR9wawq PLAN. I+SS2.awG I FBx5e996S.3$OG BRAVO COMPANY BOULEVARD G° EngiueecingandlxndSu eying,lue, I Wwv.biiavii,eom SNED BY: TOT 14 Etv.EMO r DATE, F.NtERCE7 at. A-in RIGHT OF WAY PLANS 20 ISTLH 4 1 ( 191318-21003 Rr rytal. r. l w emage L + � 1 91 3 1 8-24001 ) . H fit"'' ( 191 31 8-1 2001 ) , ul 'I G .-., nl.,n t rf `=t " f3`` "'` yt N,pX Pea €0,)'0.54 L�oP*rs ,if .,A. ,"-.I. 1 E eiiff ;1 r' C 131318'4 1530-1 5 a f „, (, 191318-42001 ) dj g , '‘ ' N rr rr i r 'a' ._ 14:31- y,a�. "fi 1 a4 R4 z �f Az 4 i 1 1 n� �1 191318E it01 )tiJ ¢4 !- 4.p -- � OA42 ,,,, SS' � y� N £RSEC ON OF THE an"' 0.3' k0 1 CENTER LINE OF D ar DENOTES SURVEY` ( ryt 3# bCr 2 SI&ET AND THE EAST MONUMENT FOUND gti"SC t}P' L - Li THE OF 186 OF.___. I S"S ,,,y.'1 THE COLLEGE ADDITION {.- �,, 1 TO NORTH YArfIMA .a, , 0V 4 ' C ••; 1 4 a( , t I a 2\ .a• 4 1 1 a •. k L e. /, —FAIR AVE, UPDATED RJW PER LOCHNER LAYO,i i JCe£+.UI4o R JAT . . 3807 iliaret knnd U OAw RfW P rt t04NN G 4R'tO.�T t 3 Yb 1 ilfl fJ ]&_lo CITY OF i 1)[V it swti* Yakima,WAER4O2 Eran JP a z (a laez 1+ xn t nnu . 2 TREAT& st AAFFTFEE SR4,E667U66 PLes f^Ut, awa Cr Fax 56s.465.3a60 [3FtAVt7COMPANY BOULEVARD EngineenpgandCandSueves�4g,Ine. �;.,;�,.n1 4>71.co>rz:. Des�stitae+. =[. RIGHT OF WAY PLAN5... 14. 3.EVs.C,N: 6n F— LNTERED 5". AS1 21 I 1 I 0I i.0.3. TGGGW.G7 / INTERSECTION OF THE O 40* CENTER LINE OF '13' " STREET AND THE EAST • BOISE CASCADE L j LINE OF BLOCK 186 OF THE COLLEGE ADDITION CORP. TO NORTH YAKIMA. L3 / ( 191318-41001 ) PROPOSED 50' / 74 C.R. GGGGIGP F-----__ TEMPORARY CONSTRUCTION_ „ -- D4."'..7.4.S. 7,1 .fliiril t - — 45‘i° 1-• cN . I __ .Z „„ G 0 43 F.G-423 I 74.0.:14% 4S II PROPOSED n.033 FFF.Gi3F3G 10' PUBLIC J.-- —• 8700 14 0 S rt-04 / UTILM ESMT, / it. 4 i „ „ ...„ „. - ,A-1 - A , -Al;ti A LINE BEARING LENGTH / _. ,— _ „ _ _ I — 1 LI s 183021" E 40. ; 00 44 EAST. 120' R/W , , _ .—__,-- / L2 N 7129.16n E 9.91. ‘4,e, 41.1/40._ , ',Go ' L3 N 18,29'16" W 27.00 L4 S 7725'46" WI 6-61 ‘,. . e:. L5 N 77'2646" Er 19.32 ' .1 G L6 N 8728'06- E 4,23 N ../tV1TfPO3P3 -I f L7 S 872806" W 24.31 „ ..... r \ — — -4- / / . . r CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH / Cl 7932'41" 91.50 127.03 N 624654" W 117 i,07 r „ ,,,.. „„ i a. . . 1 UDUflESMI r ars4„ / ,. . _ C2 9025'38" 51.50 81.28 N 3213'57" E 73.10 /." i -/ 7.'„ — r. . .-- - -- - i C5 825738° 106.50 154.20 S 510305° E 10,08 'I CS 11012840" 26.5G 51.1D S 321347" W 43.54PROPOSED 50 / ' I I 9I' 149 CNION .... — „ r --- , ,.._,... 7 1 ESMT. / BOISE CASCADE , i / .., .. ,. CORP. PROPOSED ( 191318-41001 ) . '-I e 6'4"N fr.a ".a">7 ‘,70. Ii`a SEE SHEET 9 FOR CON INCA 11 CAI R P111111 G p 30 PARCEL NO, OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA UTIL. EASEMENT AREA !CORSI. EASEMENT AREA NOTES 11 .1.1 .Ml 191318-41001 DOFSE CASCADE CORP. 1,640,470±. SF* 371.745± SF 1,268 724± SF 55 ass± SF t 178 4 k,605± SF , M. * AREA PER YAKIMA COUNTY ASSESSOWS OFFICE UPDVED Ra; PER LOCIaka cAaha 11-"-1E ati NUMEER: OAIV Mai 2103 PERKS _ UPUA'Elt Rai PER LOCHNER (ATM' li-3-16 1'0'52 I PRE-P CITY OF YAKIMA .... HLA 1 Yakiimito9 9,67 72 FINAL tat:AYES attayH2) 11-14-15 PaL."HATE." faaa4a Sttets9ovidwg 3 __ PLAN: 1'062 tag BRAVO COMPANY BOULEVARD Eta 509.965500 „.„„ 4 Engineering and Land Surveying,Inc. inmalacivil.com - — DESIGNED 9Y: 'Dr 14 ... licci-u-aN phir aaFREC etAM RIGHT OF \NAY PLANS CURVE DELTA i RADfUS LENGTH CHORD DIRECTION CHORD LENGTH 22 4, C3 1816'57' 688.50 219.69 S 03.50`24" E 218.76 inli," m C4 19'56'29" 575,50 200,30 S 00123'58" W 199.29 +" C7 2314/00" 668,50 279.19 S 16'56'04" W 277,28 ;': /:= Rr4i <<? + e 2 C6 29'30'37" 151,50 78,03 N 13'046" E 77.17 ii s 17',PP:1 j d 4 P.I C9 15'33/57" 575,50 156.35 S 18109111 W 155.87 LEECIO 35'03`38" 151.50 9231 N 18'30`21" W 91.27 WILEY N INC& rs s ,_'�EE REE7 7 FOR coArr,N1/ATGN WILEY MT INC L . 4 C11 17'52'12" 151.50 47.25 N 44'58'17" W 47.06 f 001 191318-42 ) ( 1 02 16'50'51" 245.50 7249 N 4626'53" W 71,93 G$ Rg36 arrf f C33 20'46414" 76,50 27,73 S 48'24'35" E 27.58 • ° 7 ! C34 53'34'23" 26.50 29,40 N 8925'06" E 27.92 PROPOSED rf Lf tsJ ' t.:....._.._. s ' _ . + ' ts i rf 1 tO' PUBLIC rf f r f ss 0 NT t C35 26'30%13" 76.50 35-38 N 44'22'53' E 35.07 r7 fi+ "ssj / rr PROPOSED 50' UTILITY ESMT I EMPORARY C36 101'29/3G" 71.50 126.65 S 22`12'40" E 110.73 CONSTRUCTION i f ' .,t ' Y ,r i,. ESMT. -. t f r t �./ f r / n p _ z i f lrr 040 82'09'17" 71,50 102,52 S 69'36'43" W 93.96 r =r C41 2135'55" 575.50 26.10 S 2714'07" W 26.10 t j 1113 RfW r s r Y ,, r ,f t r ' ., / ed .L8 '" • "fir .. i N`r r A `,•X,"..a`` '" t PROPOSEt f / S' ..� „, ./ +%,. N N. > r ,Ek.7 . ' � ',�5 - �' t 173' RJW r ... tiN. c r " h ..... 4 .._ 1 .. �� t �� r_ _ - `Lf fI 'S650r / ' Y � � es i, r i r" 1 t '!'"`rA?'4 `` ". 4 ="` T .'--. 1 C41 .. .L._.. _ ,L1 -/ v 9 1 '' ' ,. r % f .f r r r J l �y ._1r t > G•i r / t ,' • f r f y 1 / •f .vn.,� r 1 r PROPOSED I t IO' PUBLIC j t '1 . 1 t >1 t i'i� f ." UTILITY ESMT. iI / It __ �__ 1 it /14 fff . -rss I •"7 LINE BEARING LENGTH °o ', O' 41 ^ ' PROPOSED 50' ; ' L8 N 28'32'05" E 23.36 4 ` f 56.9a t 'TEMPORARY S , X.mt"tta2! BOISE CASCADE ; r r jtt Cpt$1ErvOaE` CONSTRUCTION LgSsTr,S CORP, 1T �,I1 E 'CF L17 N 2832'05' E 539 ,3, .t ,( / ESMT. 0/WA, NWW s,3€3rA E SEF SµET W>. /`W1,7 { 191318-41001 3 L21 N 2812'05" E 43.40 (.+ 'y!s' PARCEL NO. OWNERSHIP EXISTING AREA ` AREA TO BE ACQUIRED REMAIN/NO AREA UTIL EASEMENT AREA CONST. EASEMENT AREA NOTES 191318-41001 BOISE CASCADE CORP, SEE SHEET 3 . 1 91 31 8-4 2001 LEELYNN INC At WILEY MT INC 517,493t' 47,59Ot SF 469,903t SF 8,940W SF I 43,664t SF + AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE _.i EO k PER LOCriNER taYWr 1:-'-tk J05 NUNBEY• DAM, icEr 'T YAKIMA j 28d3 Riverftoad uaan=Eo VW PER Lat+NeN Lama=_.r-3-r6 nonWING: 10-ae-Ie 4 .G}f.`{1 Yakima,WA 99AtG FINAL pPOAIES (Ftlip->t v=1.,_•,6" nt-E FIus. 34496STOW DRAWING: saeetseGaaNq Fax SiN.365.38Q atom nrraaa"n BRAVO COMPANY BOULEVARD 4 Eng'ineedng and tand Surveying,Inc, A'WW.PaciviI.com OESGNEO EY. ICE 14 REy1SON , nrE' ENTERrN BY: A_11 RIGHT OF WAY FLANS LEELYNN INC & 23 WILEY MT INC RE) '-ii/Eaki IEVEIE? E•E5M, EEEI I.Y.f C. 1151I., E),,EIMEEL, III„EX.5., „ Eli„•„)., ( 191318-24001 ) LEELYNN INC & ' WILEY MT INC 9.cLe. TM'S]. / i , ( 191318-21003 ) PROPOSED 50' 54.59' . IEMPORARY / EesONmrUCTION PROPOSED 109' R/W ____ i 4 PROPOSED _---,----7--77--; TA-0 ie PUBLIC ; , ; , . , y : : Y NA y : :i , 'UTILITY ESMT. / ' ' ' I ' ' ; " ' , t ' ‘ , , .,...--R-rr , ' ' : : Y Y ' ' , y : : ' ' ' '-,-;,--<-0r-TYAnTAT:TT,<TYPENTY:—"7:7-,<CY:t7TT-TEPP:T2T:TN--,7'-'777-777-:::72:\-":77177,272 AR ,NOrA TO -01 A.D2 2 i , , y AOy 2 c'', E '2 \ \A \ , E\IX\DO"\,,,,E\,To\yuo\yANED.RAPrAN'A'ANNE',ORADADAR... \ 4, a - - t -•... H' ST, ...,... /re r , '1.--.4..tr?'19: '''' "%2 626216 ‘ 2 1' % r%% ' rel1167"„ R %6-,61--'6611227" , ' y , ' ' : : y ' I , 1 : " , „ : , y yy-- --, 'Au ' 1 344 , -L.. ' VARIES, ' ' ', '‘ , ‘ • I y ', ' 1 ' y : : : , :, ' y ' ' , 4 1 A ' y 1 , ' ' Y y ' ' ' , SEE DETAIL IL .,„, , 54,.so,wi ,i--',..,'______ _ —L 2 --c—- PROPOSED 50' PROPOSED i TI ' ''',. TEMPORARY 10. PUBLIC I F- N.1 CONSTRUCTION ESMT. 'UTILI T.TY ESM LEELYNN INC & ,-, C — LEELYNN INC& - • -... . .5, : WILEY MT INC --....c, , E-5, 191318-21003 ) i WILEY MT INC ( 191318-31539 ) PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA UTE_ EASEMENT AREA CONST. EASEMENT AREA NOTES 191318-24001 LEELYNN INC & WILEY MT INC 50,5291* 4,177/ SF 4543521 SF 1,475B SF 7,373± SF 191318-31539 LEELYNN INC & WILEY MT INC 165,526±* 93± SF 165,4351 SF 376+ SF 4,195B SF 191318-21003 ' LEELYNN INC & WILEY MT INC 3,286,7801* 77,796* SF 3,210,984B SF 14,567B SF 70,201± SF * AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH LINE BEARING LENGTH C27 62027* 65000 71,93 S 64727317 W 71.90 L15 N 5431'50" E 26.87 DETAIL -N.T.S. C28 9'4529" 449,46 76,55 N 661002" E 76,46 L16 N 0008.31" W 6.72 Ca 179119" 366.50 108,86 N 63'02'30' E 108.48 L27 S 71`33'09." W 19.66 C30 13'05547 1190.00 251.47 S 61'04`47" W 250.92 L28 N 18'2814ft W 7,62 F-LZ i L27 . 8,illise iiiii;t5misima so C46 03924" 449-50 3.07 N 7117'57” E 3.97 L29 N 8949'15" E 24.89 .. - , --._ S --, C46 - F- I 5- UPDATED riM PER LOOLINE12 IAYOLT Ill-L-6R , ,icrE NUMBER: DAM I sriLEL 1 2803 River RAS LPILLLIED ReRN PER 1,026114ER LAMA 1623-f 0 11062 161-26-16 i CITY OF YAKIMA 44".. ITIA I Ykima,WA 98902 1 509.966.7000 Fax 509.963.3800 TIN,AT UPOATES ONYTANN2) 11-YANIN Lik, NAKSL DRANNO, SheetTROW.Awg I'PLAN: :052.dwg BRAVO COMPANY BOULEVARD 5 0P mr. Engineering and LandSurveyingilm. wwwaildeivil,com " f°MONO) PA EDE RIGHT OF WAY PLANS 14 EN RERSON 042E, ' TERED ON AJH Jy .= �` 'm "�+4d7 w'- 7 PUBLIC :7Ji t/ `�= /L `t - .�_ y. § . .:.5 i�L, C? °�C ,;s •d., rh,.:�•, . rv. UTILITY ESMT ,..."" .. .- __ PROPOSED . 5S 50 -. 41 H LEELYNN tNC & 09 RJw WILEY MT INC s W.O.W. 7I a§232tO4 .:. -u s t s 9 ( 191318-12001 s7 4Q i. 6 At f , PROP4 f TP tg to '. - 1118 R W 5 r r / f PROPOSED 50' ,,+ _..:_ "� - �•- } __.-- .f-.S ¢ LINE BEARINC LENGTH TEMPORARY <.-.. ...�... G ., 7 r .y--%- s J t• M- i,,, CONSTRUCTION �..' . ESMT. r -..__ - >r t _ bid +--•-^' -_µ-r� LFO N 31'+F9'53" E #.4O t11 S 0525'43" W 70.15 % L12 N 3058'16" E 4.50 fi Y (' _ S t r ♦ 1 t • J ♦1T ++1 rt e ~{ + + h + N 384548' W ' z _ & ,,-""fit 1 s ,� . s i _ L..-� L13 N 20bt'37" W 3.17 txft y F ' ` r + '- L14 S 68'48'03" W 22.71 + t '' ! © + ✓ ._ _ - L26 N 19.09'10` W 3.84 N ,A y .. - , { PROPOSED 50' N 4X i Si t Y j 'S'r fx� TEMPORARY 5650'_ PROPOSED CONSTRUCTION 10' PUBLIC MT. tf UTILITY ESMT, ti i . • J ?ry l .. rtr -' . '+ t •;• y II_ !r CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH LEELYNN INC& CIS 19'24"19" 542.50 183.74 N 487757" W 182.86 WILEY MT INC C16 10'24'44" 538.50 97=85 N 6322'27" W 97,72 ( 191318.12001 rrr f . fit fi, -.a I Cl? 10'00'25" 50,00 8,73 N 73'34'59" W 8.72 C18 38'20'54" 97.00 64,92 S 8214'21" W 63.72 C19 72'22'34" 107,50 135,79 S 80'444-9" E 126.94 fr" li r Alt r ? . r+ , , '-- / C20 60'40'25" 7450 78.89 N 74'53'44" W 75,26 -' `Y• fi' } syy ' C21 lei 1'40" 182.50 57.92 S 8327134" W 57.68 C3 C1 - �jpjJd Z a +`N i \' 1 v.e .`. ''`y en 87'07'21" 66.50 101,12 N 48•59'23' E 91,65 �.' ' '" +Y `'' -`i'rX r i i rrr - C23 72'38'04* 90,00 114,09 S 30'53'19" E 106.61 .1.. 09 vy ? t r,... C24 3.57`14" 200,00 13,80 S 6910'56" E 13.80 40 •^r ^ `" r1;'"- - 'r/ -� r C25 12'07'51" 656,00 138,89 N 85'05'40" W 138,63 i .. :..f •- a�f - SOUTHWEST tr CORNER "F C26 2015'56" 651.50 230.44 N 4853'46" W 229.24 . -�. 4 6 .. I } -+l r'r 4. ^XY1 r ( C45 313'06" 649,50 36.48 S 6914'17" W 36,48 " _ I PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA , UT1L, EASEMENT AREA CONST. EASEMENT AREA NOTES ¢S700 ---- -'rY--.__ --- t 1 91 31 8--21003 LEELYNN INC & WILEY MT INC SEE SHEET 5 SHSEY$ CORNER OF i 191318-12001 LEELYNN INC & WILEY MT INC 2,445,023** Sr' 203,121* SF 2,241,902* SF 17,001* SF 92,404* SF PARCEL "If / * AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE �{ j �j� UPDATED RAW PER LOCLNER LAYOUT 11-1-18 d0.8 NUMBER: WE lo-2 CITY OF ) A. IMA sit} ~�r' ^� " 28R1 River WM$9G UPDATED 44PHNER 2) +}-.',-16 iI06Z IO-2C-tfi 'LL1. IY IFtrn�,"i'■■. YGki>ffF,YEA 9a4ti$ FINAL UPDATES (PMi(pP2} ti-I+-I6 Etc A§MN$ �'} 96A.466.7® PLAN:MEANING: SneatsR 62 tlwq i♦��] Fix 509,4b5SBW BRAVO COMPANY BOULEVARDof 8ngineeringand14nd Surveying,Inc. aww.hbeiviLcom DE576NED Svc 1Dp 1 NSIDX j DALE ENTERED NY: r,:n RIGHT OF WAY PLANS RE CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH CURVE DELTA 2RADIUS LENGTH CHORD DIRECTION CHORD LENGTH LINE BEARING LENGTH C8 29'30137' 151.50 78.03 N 13'46'46' E 77.17 C33 20'46'14" 76.50 27.73 S 4824'351 E 27.58 L8 N 28'32'05" E 23.36 010 35103'38" 151.50 92.71 N 18'30'211 W 91.27 C34 63'34'231 26.50 29.40 N 89'251061 E 27.92 L9 S 40.36039" W 4-A0 C11 17'52'12" 151.50 47.25 N 44'55'17" W 47.06 C35 26'30'031 76.50 35.38 N 44122'53" E 35.07 L17 N 28'32.05'1 E 6.29 C12 4'30'32" 790.00 62.17 S 51391071 E 52.15 036 101'2900" 71.50 126.65 S 2212'401 E 110.73 L21 N 28'32'05" E 43,40 C13 1018'031 786.00 t 145.88 S 44404'49" E 145,67 C40 82'0937" 71.50 102,52 S 69'36'43" W 93.96 L23 N 18130'21" W 20.O0 C14 2'40'29" 677.00 I 31.60 S 40/21481 E 31.60 041 2'35'55" 575.50 26,10 S 2714'07' W 2810 L24 5 71'33'5&" W 11.69 G31 13'1916" 677.00 157.40 S 4812'41" E 157,05 044 1'49'63" 677,00 21.47 S 39'47'05" E 21.47 L25 N 71133'581 E 3.90 C32 16'50'S1" 245,50 72,19 N 4826'53" W 71,93 BOISECASCADE POINT D LEELYNN INC� � h �1 WILEY MT INC CORP. `s 1M t „ t _ 'r ( 191318-12001 ) SEE g4EET 14 FDR CaN�N'RDaN ( 191318-41001 )\ ; a t , • / 601RfW .. l� ....... 1 - k PRT}PCSED - r 5 ti ` i 5 3> SEEDETAII 05 R W c3 c3 . ' ' 2 4. r LZ5 ' S ' " ` 1 '' `c'b` ✓ 1 @ }s I9 w y� '5 5 x . x ✓"�<b 5 v'ti -d rvy iV L,-Ry. 4pM ry sbdarr BOISE CASCADE ; s s " L t CORP. 4 4 39 - `u - - ' , ` ' ` i L, 1 5 'fi (.1 9131 8-41 001 ) ... .,5 DETAIL- N.T.S. _ .. L.W _ Apr, '" Q "n $ �7.8 i 1::7 PROPOSED 50'RARY , t�� . i1 k . }` bt z' . 5 7k., AY / 4 SO RfW 3 , a7C,as. .1 CONSTEMPOTRUCTION '' 0 tom, LEELYNN INC& , - icF - / zCr' Esar. WILEY MT INC � x �� a u �� 44± ( 191318 42001 ) i s i s A' £ 4 ( 7D ���� 7j AF�te !ft m:e4 t t , �cf"S �� �.Sii'i*' 47 + 4. 'a g7 _ ._, 087 / Tr 63,99' S 38145'481 E C14 "^..„ 031 SEE SHEET 4 1s�318- BNSF RAILWAY 4 200i * AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE "* INCLUDES ROADWAY AND UTILITY EASEMENT llPPAT=9 Rh/ PM .0e.-iNER LAYOUT 1-i-te J9d NnM9fiR[ OAT CITY OF YAKIMA sir jjj 2B0391WI Rued UPNATEP Rh/ PER I NER LAYOUT ;t-I-18 i*O iG75-ti+ ��� }�. YaWma,WA 98902 PtNu uPPAT25 ("Ri l7N"7) -t°-sE es NAMES: ' 7 jf"ti„ ao9.96 A98 osmoses cneet�zbwa.,g Fax 3P9.9bi.38W PLAHt il“52 dwg BRAVO COMPANY BOULEVARD o- 111 Etigineel]nganE13ed5t1rue9tttg,tq4 www.6lacitiii.rmn .... °riiE m BY: A.+i RIGHT OF WAY PLANS 14 RF@51O. , 9AIE 26 CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C37 2753'23 544.50 26505 S 86154T.17” E 262.44 C38 145561E 100.00 26.04 N 714136' E. 25.97 3= 33t I s-te ° TX = = 4. )3 3 64. Et 039 3053'17" 655,50 353.38 S 84145'17E E 349.12 6 =...,,, BOISE CASCADE / /75/ d/// /1",/, //, , CORP. sr,: SHEET 1 2 FOR CON PLID A LION t UN E BEARING LENGTH ( 19131841001 ) i / / / z 7 r / v / , ; LIS S 15'5522" E 35.52 4 , PROPOSED 50' r / /IV s 2/ t ' r s' t/ : LIO S 64'1401" W 25.42 F, s. , H C R E ORS Sils6 TEMPORARY / i/i ' ) / /L20 S 17138'11' E 15.00 S. , P-6 eci , , , , ••., 1 CONSTRUCDON s,-.6 . , , , DE t ESMT. ' / s ..8 . /' t ' ' '''' / 3/ 7/ EJ,/ " loa' Rivi PROPOSED ---6E- / 't" ' ' / 3 '. /X1/10' PIJNEC Do---- / / :/' // yr I/ / UTILITY ESMT. -8/4 YE 09 / si // s / / / c Et oc.op---3---ut, ' / t //2/ IT'E/ 3 / 05 1 , 55.53 = , s PD-4.--....E,,, coIF I- o os , /4,..„,, , t 1 = tt62/, Pt < . t/7 / / Y / ' / ,/ R • • • /./{)/ / V '' .0) ro66-8c-trE;#1401 , / / ./ / ' ,"// / '1/4 t" 2 1 ./ ..1 / t's1-- // ' ///'•- - 'I ",// / / /, -/ -74/77 i 7 //,/,//7, % / / / / /` `,11 /1/. - z, / ../ „ // „ ,I / / /72/ ' 7 / / / , /(' E,s R itl-o, --' '. -..".,/7/cf/„/2I7F ts•6 3/7 17 1//8t°1.)/-"9it/R /'3`t. 4t4//3.,.40/1/' /..t.../2. .,t/ 26V 2// // / / 7 ' Ys 1 / / 7 / t //// <7 < / / :/ /31 / / / / // ` / / / Z /0 : / tI/ 32 /( " //7/ 3/ / ; /27/ 7767227 // ` ,// 77 L H7 0 / / / // i t :---------------------------------le---' R/W /. //377 -=- 7. i BOISE CASCADE , .. t CORP. r ( 19131841001 ) i PROPOSE() I ' ' ' ' / / = ..t. / e 7 // 3 s'/ ' /111 REM ci PROPOSED 50 PROPOSED / '' ' -ama weq<e.tcitv 10 PUBLIC • tt TEMPORARY // / / CONSTRUG110N UTILITY ESMT. / / / / I ESMT. , / :IJ SEE SPEET 13 FOR CONTINUATION N He I so so PARCEL NO. OWNERSHIP EXISTING AREA AREA TO SE ACQUIRED REMAINING AREA CTIL. EASEMENT AREA CONST. EASEMENT AREA NOTES 3 191318-41001 LEELYIEN INC & WILEY MT 1NC s03 SKEET E amms • AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE 0 SPORED ROW PER LOSERS LAYS/• I I '6 _ER REHIS IIAll a 4.6. SEST FOOS RD Rs:,PER LOCHLR LAROI I 1-3-16 S062, 06-2 t 2803River Road C 1 TY OF Y1141,(1Mitsk 8 ft4EAL UPEATRE Efil/PEE ORE- 6 HE NES 6 A I 'Tama,WA 48.902 ORRSINE. SheetRIOR dwg , PLAN 11662 661 1 SOYT)66,7000 BRAVO COMPANY BOULEVARD c- 1 Wu 509.9653RO° _ _. ir visa% ,_ DIDETs„,105‘Nrjer.:yr. ,ro; EngineeringandLaml8uweying„Ine. I www blunt:Loom var RIGHT OF WAY PLANS 14 2] c: r rl< C7i tn. c i;. da \. . 491?: ;AV/orate BOISE CASCADE CORP.: SEE SHEET 13 FOR CON TIN0A17C1:.. 191318-41001 ) 1 E FI PROPOSED 50' TEMPORARY. , CONSTRUCTION ESMT: //, 0,8 .444s>i; 2L, m re TH gr CN F -l. r ,1 o u.i. .0. IFAHOHH _ _.I CO t-... PROPOSED . . . d s 't 30' UTILITY EASEMENT CO LU Hz . t` `i�rn._ r _, N 79470HER ci Qt. L `- 2' x h,N T s K n 497 58 t` \- }, ar .r T ` � 0 �'„�.� Ix A &<tix SR T r 1` #4 fPY r L nL x .. 11. 17407t' I �fw-s � r Y" x s`T�3J ' "` .l�k v r . } � k w, a >x T'[ 1 >Li fi, •`v,' �' s` r .� xk 45 w r. Ia R .L a... r. L , \ 1 PARCEL NO, OWNERSHIP EXISTING AREA AREA TO RE. ACQUIRED REMAINING AREA UTIL EASEMENT AREA CONSI. EASEMENT AREA NOTES N 191318-41001 POISE CASCADE CORP. i SEE SHEET 3 A AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE ry e. ra so- so '; want UPDATED RLW Ppt L>C 'CR LSYOD' it t 'E .,OB:NU+2ER DAIS CITYO t /`S( 'fY'/'S 9tGt 2803 Ritz Read UPDATEDj R "FR LOG `.GR LATOU' 11 3 16 1iC 2 tD 2&-ta A Yej{Lnq WA 98902. FINAL UaDATE (PHI!>T 2) it I'-'& .H NAWFS 9 DNA'AN ShfletEROW dwg 099447600 PLAN. 1106211w4 SR jRQr96v.3.FQa BRAVOCOMPANY BOULEVARD' 0 Engineering and[andSurveymg,Ine. .ww. ndv error DE: gDNED err... Hi REMS1ON ' DATE" EN?ERE,' BY A,41 RIGHT OF WAY PLANS 14 28 a W' Nis itV r >77:8 -a4.., ' C . 41 s I: it et Vitt./ .?E,:. INTERSTATE 12 re Ld te - cn W.S.p,OT RfW... • —Y^ T _ _ S '— ' S t t • t ` t.. S t 4 5 ' t ' ._. % % �`�`--•." 2, 7,; , t t , t s t t I. PRO?+dSEO,K W VARIES c t t t t : �.,.�� S ` st t t. S 538 62' % of z U G LEELYNN INC & WILEY MT INC E' 191318-12001 ) PARCEL NO. 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 AREA PER YAKIMA COUNTY ASSESSOR'S:.OFFICEsha. aIf53AT p ilK PEP DG N[R aYD11Y I i t .nu N�.M$ER GA`e CITY � ' Y 2%pa River Road OPDAI v RM'PER LOCNNFR AYGUT i 3 f U4'74 IO 28 '6 {C 1RVAlP�11 XaUmNWAF5402 FINAL upniLs,.rf,.rexz7 t ta-ID ct vanes. 1{) DRAV..ING,• Sne LRDN 3m3 F509.96630000o ._-BAN v0eza�:y BRAVO COMPANY:BOULEVARD ' Engineering and Land Sullying Inc. , ,w w.HatiWI ..:— DEsj,N.n R� mf 14 REIi•_ibs " unTr_ EN1 FR RY aa� RIGHT OFWAY PLANS. 29 4 fist t t i' .'E1' .d C �. . .1 �.J. 2 ••, INTERSTATE 82 N . . . . . . . . . . . . .-,-- 4 • 4 [ 4 i 4 i n 4 2i9.95* ' '16574' ' 4 4 ae � r N:.40'45 OS W N 29 4 S r 4 . 4 W 36" }af 4 r S 4 4 r ' ' t 4 4 4 4 4{ 4 PROPp ' y . 4 4 S 4 .�.-'w,"".`.a- r 4 4 4 fYs RlW ' ssn.�y . 4 t •, t yr 4 r S 1fARk"�' 4 S q 13.4. 4 4 i ., i 23`q �7.' 4 { S 4 4 {• • U30 .. +... LEELYNN INC& ' 1 . 4 4 4 Q WILEYMTINC 4 , , � , 4 ; 1 91 31 8-1 2001 v z L. PARCEL Na OWNERSHIP EXISTING AREA AREA TO GE ACQUIRED REMAINING AREA UST EASEMENT AREA CON ST. EASEMENT AREA NOTES i. 19131& 12001 I:LEELYNN INC:& VP LEY MT INC SEE SHEET 6 •..:AREA PER YAKIMA COUNTY ASSESSOR'S.OFFICE: 6PDA Ea R'W PER LOCHN LAYOIT I tu" SVF11062HUMBLE' DATE '� �� �` a� SHIP"' 2SD9 Rover Road GP A ED PPE: PEP LG.A1N R Lt5Y0CS f 0—SO 9 462 tp 2tFi6 C der M A YPEIE.WA 98902 PHA (IPEAT', {PHI tPM(EI if Y-1e FIF NAM I,< 11 JRA*NG SlreetEPOIN prig F Ay9f m _._.___... a maze»g 000 BRAVO COMPANY BOULEVARD cr E3gineering and Land.SUrvL12Ig,lne. wvrw.hlacivil.com: Nt:_siGNEOET, 90 , aeias ro ay RIGHT OF WAY PLANS 14 30 w ., , 4 aim I 7. 14 4 ,-3,1 ' 4 ' 7' ;; ;;;;;;; •;Vil '-/-/I\ /5 11 eA 4/7c •............ ..............—. ..... ,..,./.......... .........,;,...x. 4.-; ... ;;;;; / _,. ..„ ......,..- INTERSTATE 82 / i LINE BEARING LENGTH i t , LIS S 1515522T E 35 Jr. / --, ' / W . ---. L19 S 5414101" W 25,42 I ce. in IX I / es L22 N 072550" W 20.37 , b / 41 / L30 S 1713O474 E t 35.00 . --- L31 I S 07'26'50" E I 35.65 it, Kc , W.S.D.O.T. R/9/ . KT —v "---7 WZ \ \ \ \ --. \ A; ••'s N7.<::: \, C2 k-5-31x .3y 4 AN ' 3 • I\ ,\1\22 t 3 .4. K , .. \ \ \\ \\\ \ i \ ..... \ \ \* 1 N 1224475 W 1 I1 \ 14 IIIIII IIIII IP,LIt 14\3\ i ; \3333y\1‘31' t LEELYNN INC & 4 c111-CO 1 ' ui ‹ z , ,"z„, pmap041 ). 20' 0. 11- CO 1'4\i, \y'4. VOOFIrp•ACIniF v4WAI11y11 BOISE CASCADE f WILEY MT INC i CORP ; (I 191318-12001 ) 1 h” 35 R/11—,,. ,.\\.\ ( 191318-41001 ) I ' 33- '3 3 I NI / SEE SHEET 14 FOR CONTINUATION PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED I REMAINING AREA U11L, EASEMENT AREA CONST. EASEMENT AREA NOTES 191318--12001 LEELYNN INC. & WILEY MT INC SEE SHEET 6 191318--41001 BOISE CASCADE CORP, SEE SHEET 3 EiNSF RAILWAY SEE SHEET 7 AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE LIP3A TEO R,66 c'ER LOSry`lEp LAyou- 11-1-le jog NumBER, D6 cc SbEET 2803 Rivor Road opaATE0 ppoo oER LecNNER LAyour ii,__1.46 11062 10-26.-16 CITY OF YAKIMA A Yakima,WA 989(12 F1666 tic KrEs IP 1 6C) cf-16-16 ni,r, K{AIVE6 12 08,487. sneetsRow dwg. 5 09.9663000 P_AN. 11.)62.dwg BRAVO COMPANY BOULEVARD Qr Pas 909403800 .._ , . , ,, ,,L., , t mgmeering arm Lana urveymg,Inc ,,, hiadvd cOrn , OEStGNED 26 rx RIGHT OF WAY PLANS 14 RLvislov : OATC ENT--660 86' 6 6 31 CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH obG Cl-2 1 3•51`08” 2340.16 565.74 S 2424`58” E 564.36 2 o IA .L.L ao L CO 1°32'56' 7536.52 203.74 S 16'1905* E 203.74 2 033 2' ES I El E.222 0 3" al ' 2,2121 0231 . E 3 12 I _ „„ - : P INTERSTATE 82 . •'. * . r!. ________ , ., . . • r' 0 i 1 . 0 0 0.-....y......._,............,,_, ... 21: to 2 2 - a co 1 :•-___E3 E. • , . '. • : • 1 •' : W - __•3 ' — , \ ,-\- \\\I \ \it \:\\\ ‘' N\ \ ‘' '‘ \' N , ,,.. \ \ . , . , . .N , . \\5 N \ ' \\ \\\\ \\ \\:\ 'A ' \\.\ E\= - -2••8 EN . 3 'AEN8 . EN 8 \ ' ••• N 8 •, ' NNNE 8 28 , a N N '‘ \ \ N' " \ \ "‘ ''' N\ \\c\\'‘ \ \ ‘ ' \ N N\ \ N \' BOISE CASCADE CORP. \ 11\ \ \ ‘E' \ s <N. \ -1 - . C 191318-41001 ) SEE S11E2 T 8 FOR CON TINUA I ON PARCEL NO, EXISTING AREA . AREA TO BE ACQUIRED REMAINING AREA UTIL, EASEMENT AREA CONST. EASEMENT AREA NOTES 191.31t3 41001 SIINIISISIIMIIIIIIINMIIIIIIMIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIINIIIMIIIIIMIIII SEE SHEET 3 * AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE ,pDADED DEN IAEA LogiNEll.AyoLLAL II-i L1A 206 NUI OAT F TD-DI 2E03 River Rod _4P D&TEC; P4'.P6R.,k9q66EPALA.)..0"66 11!2;521.6. 1165z 11-)-28"le CITY OF YAKIMA . A Tolomo,WA 98902 1NA UPEA0AS APH1161122 i'-t4-{6 ELF NAMES 13 ERAANG Shaets4CW4wg M9966:1000 ALAN 11062 2E6 BRAVO COMPANY BOULEVARD Fat:509,965,3800 _ . Fmineeling and Land Suneying,Im. www.S3sivitcan ars:2-23 BY. TOP RIGHT OF WAY PLANS 14 RET2E0N DATE 202020G 6E ALA 32 N K,a IS 4 SS dip& .... r . , . .,. -,,. . .. „,,„ ..,..., •.. •.{ •-•,:g .‘ii c.-.c.. •-(;.••• •i.--A.,, III 3KIIT3I , ILK ' TS T. ,. . II53/., 032 3s I • X # E ‘ ' - , . • 4 • ‘ 4 " t I_INE BEARING LENGTH L22 N \ `• ‘, , k N 4 S II Y 3I.A , s L23 N 1 atzo'zi" W 20.00 ., .. „ 60I R310/ / - E - 3.,3 s K 3 s , 2 (MOXEE BRANCH NORTHERN 3 BNSF RAILROAD PACIFIC HNLYVAK/ — — — —K/ 2 ° - - ,/ i , '„\,', _o., .#•, ' ,,,,V._ % ...y\, ,"/ . / , ../..;tiz., //,, ,'_.,/,,...,.._ X/.4f,, ,,- 222, -- ., ‘‘.... . ‘ '±.• , ,,v , --- -c? s 7i.33 5B W T / / / . PROPOSED 23) / / % ,/#32 --,,,,_ RIGHT OF WAS' / / s— /2 /' / i %......._,_ BOISE CASCADE FOR PATHWAY /// . ' T , . / `Ks' I @\ — 2_ CORP. / )0''/ - , ,. ' .• // ' ( 191318,41001 ) / -, 7 / ,/ *'.. / ',.Xc..". \ \ • \ ,'•, ,' 2 A-,- , ,,,, \ iN -- ,% --____ . ... /, / / //// / /., \, - `. 7'. / :,,r, / / .‘ `. '.. ‘ / ..,' //// / / ,,, ,,. -------- _ _ . ,., .,\ '... ‘.".'... , , ‘''.. '''•/ /Y.. /A. \ '. • \ , ' ','-‘ '..;.-, , 1(/r' , ,,..: -,,,.., tc,, , ',, ,, ‘i i -%,, .,- ,, . ,, ,, , , ,/ , I *St' ' ,;'s /, , ' ' / 'C.• ,"C: , A ' \if / LEELYNN INC& WILEY MT INC PARCEL NO OWNERSHIP EXISTING AREA AREA TO HE ACQUIRED REMAINING AREA tJTIL. EASEMENT AREA rt)NST. EASEMENT AREA NOTES ( 19331842001 ) 181318-41001 BOISE CASCADE CORP, SEE SHEET 3 @NSF RAILWAY I SEE SHEET 7 19131 a-42001 LEELYNN INC & WILEY MT INC *$ * AREA PER YAKIMA COUNTS( ASSESSOR'S OFFICE yPDS ED SAS FYR L()CHNYP, 1,4404/ i' s-'tJOSNRSIJES OATh _ . SISSY I UO3 River Road _sF,Tstt0 SJY,'PR LOCH\UR LAY0y 11 a IS i„ / V6/ 'JS tlei P" C I TY OF YAKIMA . A 1 yokims,tvA98902 14 FINAL UPDATSS (PH1,NY2) (I-14-'6 I ESE NM , SPANKS. ShestsR05dwg ' 309.966.7300 Fax 509 Fl AN1'002 s sq BRAVO COMPANY BOULEVARD OP .065.3800 . _ . ,, I tnpacenq 350 Lou Surveysfig,LTIC, 1 vAvwhlacivilocu OrssIGNED SY Dr RIGHT OF WAY PLANS 14 -- REA9ON ENTERED 1314 ,44Y{ SATs 33 EXHIBIT B LANDFILL ROW PROPERTY, LANDFILL PROPERTY UTILITY EASEMENT AREA, AND LANDFILL PROPERTY TEMPORARY CONSTRUCTION EASEMENT AREA LEGAL DESCRIPTIONS 34 1 1 14, r. HAW 1 TS ,IBI115, 15,. I I \\\\\\\\ I 1'T 1,1 ISI A PE sT11,PA, I I TFT,T 1 1 s • t \c 1/4„. '‘ '., , 191318-21003 ) _ ...--1 RA/V -. Phase 2 , , II Itt D .1 D 8 88 .. 8.8 191318-24001 ) .„,Ticwril' 'bik ( 191319-12001 ) i I i tT',A,5,‘DAIAADra.A0C4`,Itils...TT1/4 1/4-0 0CAI\4 NADI •, .Th \ ,._l‘ ‘ Cr'''‘‘ IN *CrAfe* Calls‘l•••'-' ...4a'ea Cik‘ . ,4) \ CD q• •V:** . i.\ , . 4 ; , \ - iG Q -s- . - 2 •-gin 44 fr.4. y - R/W Phase I .,-. . .,. \ Ik. ;\ DI54 ' ) -410 01 „----- .-- .--`c. ...* - .. TT, ‘ - 1 - --- ----.::-->71--"1 =- --- -"- tt,----'. --'-- CP,\ - -w„... ...._,g, -411114l INTERSECTION OF THE . CENTER LINE OF 0 *. ,$.ATI...:4STD---c, cc 2 . LszeEsciTF A8NLDockTHEieE6AosTr-___ D DENOTES suR FEY Ho 1) \ -,- '" ------MONUMENT FOUND ' TI - 0 iT T-THE COLLEGE ADDITION I. t; ,AI 0 A'0% 5 I A ' i TO NORTH YAKIM ,IA \ 1 cp' _sik , a , \ ,,, ,,,,,,, ,, ,,, ..„ ,..\ r. I ri --V , ,-)c, I; , ,‘;')I_ SW 11C aEcPrt 1 0 Ws\ ' 'Ill ON., 13 los., , ,P. I SIX, H.1,31., STI,Ri„ , , I --,‘ A AVE { 1-114 34,3ET 2803 Ro,erRoRd A CITY OF YAKIIVIA 2 Yakima,WA 96902 u4PRDDAATTEED° RRIAN2WIPZ LLCICDCHNZEE: LLAAVY0°41-:" 1111-13-1166 4°8114CU6.ntLeEr RNA:IC:752E "6 FINAL LIPbAtr..5 iPHIPH2) 11"14 le otttotttrtG, shetaisp0wdw.0 cr 500 9667000 Eax5DDSSSSMM - — PIA't 11°52"Wg BRAVO COMPANY BOULEVARD 14 ORSIENED ev TOF . . , E$..,Deming and Land Surveying,the, lassaceo con R ENILRED BY AvIr EMSON OA>. RIGHT OF WAY PLANS 35 f t.j. l I - P.O.S. 1,436126,1 / INTERSECTION OF THE .. 09 40' CENTER LINE OF ''Cifr STREET AND INE EAST BOISE CASCADE 1 I UNE OF BLOCK 186 OF THE COLLEGE ADDITION CORP. — — TO NORTH YAKIMA. L :,(-:101318-41001 7.) / . PROPOSED 50',, 44 / R.4.1. rialBOVir ti.O.S. CONSTRUCTION ______ _... .-..zy.e. ,. B.O.& yrieg2asta J- ___----- ---- .:. ESMT. .,67 / ------, --_— _-_' 1.7.0,8_ 444.c-S6 14.0.3. 4.,1 -9 PROPOS I 1.1"...t. 79*.?7,elt 10 PUBLIC d- • , 7.0.6. 16.4..g'. / UTILITY ESMT. / A-k ' :„,-, /-2-- / LINE BEARING LENGTH / ______„ --- __----///1/2/1_-------- -/- - -//- Li S 183021" E 40.00 _ _ ..... <4., EXIST, 120 R/W . / -^"5- ,,„„r„.----;/../ „, „,„....,--..,„, .... ,,,- , .- -.‘ 'L2 N 7129'16° E 9,91 1/41/4- --I —_ — — (4.0 ,--- ...,----0152 2a" --1,--- ,----t.....--c-:-.:----*”-<--;9-*-i---",----------/--- .2".:\''-1"<" ''''1>>.ti—-- v- „ L3 N 18•29.16" W 27.00 - ---d:E2 .,.-^E‘,.„__---Y---',,.--222 -`772 02 -0,-2:'20:::SE. ps-P PP ,-2-P1--2P- -D'-' PPP 2NI20.2...C,.:" L4 S 7T26'46" W 6.61 ..t.).......-........:.....------------"-------.-: -k----------------------4.1--;,..-.ti „ - " ,--- .----- L5 N 77'2646" E 19..$2 L i ,-, . . .„,; „ .„,., ,.„ „,..„,„„:„..„: „-.5„„„,...,-,..„„„„... .. ,,,..„-,, , , ...--,,.. --,„ " :-„ „ Le N 87'26'06" E 4,23 ,, sosta N 2,356'36' WItt7 0 / N 23„0 33 w . . ., , , ., ,,, , '.."--,41 7.--------cf- Irt --" -Pli .' . . „..,‘-,1 ...-- ,,,-, 0.:::„. ..... 0 L7 S 8728'06" W 24.31 ..___.......... , ,.-- --' --- .., „.-""7 ,--"----g--2"7:11-* '-',---„,---- _, -> -' .4-7--.,--- ,- „-- i, ,„,-,,,„---12,-10-L,0„,,,t4t. s,„-- ,,„,-,„,- „ eA „- „ _„----1.---- „- „-- -- „--": --„,„----„ ",_\--1---',.-,-*",„,--',225re-;"'CDEEPDC- .E" ....-: ,--2 0%2 ,--- , 60C. ,, .---''-' .--"' .-1>,-'<fr: •' ,/,'/-C ,'77./C- ''t.7,,e: 1:1/:,, _A: A,-'''' -1-------' -'Ef:;: .". PP' .-2P-' ,------1-2 -1,,---'1-2P1,------' <P22"±;7522 to; -E- \_ ______,_ i / '''./'.D''',..2.' .2 07,-74-7 --r--- - - -a- -'..-"'-- '.-2*- 'Th....:/ PEEEPP2':„.,-- X ---22P /-2/' 2-' PROPOSED-t ' . / ___--------- ---- Pi‘ ,ir_iy ii ,<:1><-±,,,C,:, _ , i. _ . ____„_____ CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH /-' I ,-- ,../ ,,- i 4. -//,---,-----/ -- - -// ug PUBLIC 4,--- ------- , „1---0-9- .'-'-'-' ., V ,,,,...... .c•Ci 79•3241" 91.50 127.03 N 6246'54'. W 11707 r UTILITY ESMT. /..- ---------- 73 - 0e-' •,..---1 7 ------ -r- = Z 2',/r ', i '..-- ----- . A. C2 90•25438° 51.50 81.28 N 3213'57° E 73,10 / --' ---' --- ------/ 1 ' . .--.. ----1. C5 8257'.38* 108.50 154.20 S 5103'05" E 141.08 . „. . ... C6 110•28`40" 26.50 51.10 S 321347" W 43.54 / PROPOSED 50' ' ' ,'e ..-"'" 40 __,„/ it.MPORARY - ,--' ..., , -- 1 CONSTRUCTION "vg-,.. __- •-e... „ „ . " r BOISE CASCADE i ....... CORP. 19131841001 ...) , . ''''' -- .__,,,,,,,...„,..,....,.. _77... ,)[E .,4.2. SEC. 11.a9 'l.'t:-'S3 likf.., '„Ift ",'rAli SEE SHEET 9 FOR CONT1NLAT1ON Niellikik 0 1 5 PARCEL NO, OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED , REMAINING AREA UTIL. EASEMENT AREA,CONST. EASEMENT AREA NOTES SO Illirr*? 191318-41001 ' BOISE CASCADE CORP, 1,640,470± SF* 371,746± SF 1,258.724± SF 55.858.1 SE 178,605± SF h) * AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE UPDATED R6V PER DC -INES LAYOUT I 11-1-16 JOB NUMSER: DATE HE UPDAT212 P,66 PUU TocuNER LAYOUT , 11-s-la 11062 le-28-15 CITY OF YAKIMA ... HLA , Y221316, :tf'FAt°4302 PNA:. UPDATES (PHIEPH2) P-12-16 nts NAtTES DRAWING: Sheets:PO*dem 3 PLAN: 11062.6.02 I Fax 503653800 BRAVO COMPANY BOULEVARD OF 01Enginewing and Land Surveying,Inc. I vonv.hlacivitcom DES:GNED BY: tOF.' REASON DATE ENTEPPD EY: ASP RIGHT OF WAY PLANS i 14 / 36 CURVE DELTA RADIUS CM CHORD DIRECTION CHORDt .. a I��d ssa50Ezz S D3.50'24'24" E 0 9 Oa575.50 200.30 S 00123'58" W 199.29 tin 2374100' 588.50 ®' 15 16155'04" W 277.28 I 4:?, tii_ i, i}a2_ m 29130'37" 151,50 78,03 'lll{�arill 7. 11M„, R"E'tLY, Wig, ®® 575.50 En S 18'09'11" W a LEELYNN INC & r SEE SHeE C10 35'03'3S" 151.50 N 1a s021" W 91.27 W1LEY MT INC - - +--_Lj' ` > '+ : -7FOR cos+r,'NL'Arp ®® 151'50 47,06 tt �[' -, N 3 191318 4FQ{I1 + /i /r t 3 `/ fir._ . ® 1850'51" 245.5p ® �������� t W.C.W. fiR2Y0tYE J / F rl5 L/ 2 7y �r- '7+ . � ._ Eill 20'4614- 76'50 ®� f F j/ /,'„ r .. +r v - Emma 26.50® ZB'30'03" 75.50 20.40 r N 89 EIMIIIIIIMCMTh 35.OI�I� PROPOSED ' , f ,l / / x 7 / `} 7 10' PUBLIC r. / / F r± _ r -+ Nrrf PROPOSED SO" UTILITY ESMT. r rI r t.F r C36 161'29`30" 71.50Cill S 22'72'40" E 110.73 TEMPORARY I F / ` '. r' i r CONSTRUCTION )'� � j{ /. x r, � / p 7 � C40 82'09'77" 71,50 102,52 S 69.36'43" W ESMT .r- °` ` / r l + " / / ala 575.50 28.10 S 27'14'07" W 26.10 ..,1T . if r -`r �t�f r '- /j to >^ 1 /i r //` r' jy 7 c > r ' ` - + / 7� �/ r r �// PrCSI¢tT / - ,. *, '4 * ti ..� I ....*'"�"" x f "" . �, *`� \ �'�. \ .o'� 't/ : t -�'"\ ... ._ �.._rPr": f ` }Y rsrr Er/ rFftOPOil "'[ L. \\ � * `. .:. .5'�'�Q° - A_ . ..d — O ."N 113 R/W -` '"V'` �..*'-ti� `` _ 44 ''1.?` V* - i _ i ._ o p„ f /` / ,/ y� 1 x >' ' „* SeN' N'C'` 'L0\ ..,� . 5 �"!p'J^ t �L.; i.". d / / "/ (1 "f" 1 d 4 , r r /4?" r / /! / / : j` I ,f t l N)S -. a ptt;r r l // / I 4 { 4 I ,r�O1N,Y rYL6 / L/L Tf r F .t_` /t, - i '" ',.i-fi" I/ / f� . "."_G u I•./,.x/ r j 1. - _ I 1 ._ I, r y/ / 7, '''•- .. . ` `„ " t. 2 r / j / PROPOSED -/r/Y x ' ._ ' _. a r/ / / t fr s-> SF + A i 1 Y� r Y / r♦ 1" 14' PUBLIC / L tY17LITY Este.. 5y// f __ _ / / LINE BEARING LENGTH gC ' 1 r /" / / .x''" PROPOSED SO' :, .. �. 'r �>r f/,s6.60` //,„ TEMPORARY :.o.s s osseLs� BOISE CASCADE .7 / Q , .__ n rtmusiss% LS N 2832'05" E 23,36 ' �^ CONSTRUCTION / 4 '- cog C �.E. . s4�sME CORP, //f s LI2 N 28'32'05' E 6,29 I54- .,/ .' F V ESMT. R.H.S. TT3rLN20 ALE L21 N 28132'054 E 43.40 U'LII ,,. PARCEL NO. OWNERSHIP , EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA UTIL EASEMENT AREA CONST. EASEMENT AREA NOTES 7 91 318-41 001 BOISE CASCADE CORP. SEE SHEET 3 191318-42001 LEELYNN INC & WILEY MT INC 517,463** 47,590* SF 469,903* SF I 8,940* SF 43,664* SF I * AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE UEOA:ED R/W PER LOCHNER LAYOUT 11-'-le jOG NUMBER DATE CITY OF YAKIMA SHKtf ` -�r � 2gp}niymRoad vaOA FIN L QP PERA/t LOCHNER LAYOUT 1-14-16 11G62 te-NAMES: b t{lr YaltinO,{YA984n2 FINAL QPknYC6 :PH)IPd 9-)e-+6 O; Sni#E5: 4 *Z. SD9.96K.7nnn �"PLANN: Sfiee sPOW 11062.dxwq PLAN: ',x062.drvg FExsny,4rs,asan BRAVO COMPANY BOULEVARD Engineering arsdLandS rvey gInc. sasssmssors RENrSION i DAre 'E,i RED EY' rowti RIGHT OF WAY PLANS 14 DELTA RADIUS CHORD DtRECI1ON CHORD LENGTH CURVE DELTA '1'ADIUS LENGTH CHORD DIRECTION CHORD LENGTH LINE BEARING LENGTH la 29'3O'ST 151.50 78.03 00 £33 20'46'1 4" 76.50 27.73 $ 4874'35" E 27.58 LS N 26'32'05" E 23.36 C10 35'03'38` 151.50 Ems N 18`30'21" W1.1111112= C34. &3'34'23" 2650 29.40 N 89'25'06* E 27.92 L9 S 40'36'09' W COO EBRO 151'50 111111011 47.06 C35 26'30'03" 76.50 35.38 N 44'22'53" E 35.07 Liz N 2832.05* E 6.29 ® 410'32' 790.00 ® S 51'39'07" E 036 101'29'30" 71.50 126,65 S 22'12'40" E 110.73 L21 N 2$32'Q5" E 43.40 ENE10`36'03" 786.0011=1 S 44'04'49" E la £40 82'09'17' 71.50 102.52 S 6936'43` W 93.96 ' L23 N 18`30421* W 20.00 ® 2'40'29` 67700 31.60 S 4012'48" E 31.80 041 235'55' 575.50 26,10 S 2794'07' W 26.10 ® L24 S 71433`56" W 11.69 &77A0 157.40Ora= 157,95 044 1'49'03" 677,00 21.47 S 39'47'05" E 25.47 ® 76`50'S1" 245.50 ,x ,.�` L25 N 77'33'58" E 3,90 � �� PAINT G - .." LEELYNN INC& BOISE CASCADE t��, WILEY MT INC CORP. �T e . .. -, SHEET 14 4-OR CONTINUATION g3 '. , "` ( 1 91 31 8-1 2001 ) sEE i , ' ( a4S.151BAI001 )• w s Z , y t / 1 v -.�-• E� i 60' R W ri.E l! i �..-4_ --" _ lrn 1 ,• 1, i ti L t� E t 1.001, T000.20070 / 4.:. �.. ... - - �.�`PROPOSED ` '- ' EC VL"'T ,o - - - L b f . ' b 1 L , } q L L 1 + k N ' 1- r E S� - T 1 A ‘-‘I , t E \ N l 1 " l l 1 4 ' 1 4 Tt'��� -- ^7 t E 1 1 < 1. ti.1 y ti r 1 i 1 1 i' '(' y ' c9s 1 1_ ' ) L 1 ` +rnia. 3 sc 4.,1,y '-7 1+- -- I'+ .-3T , -n-" -..-.. S k�x 1� A� y.. '1 .� ( '_�-s--1 p� 6qW X t ..' 1 1 ,. -t & ._ ii •oU Ll _F .. x Pt 1_ 1_� � � _{' BOISE CASCADE h O t 1 1 1 I .. , 7 F 1 1 L L CORP. t+- 6 384548 E 1. 39O5 _ " J 1 C '4' 1 '��. A •' A (NJ9' 11841o1 LEI S1 - -17,46349 _4384548 W_� 1- 013La- c,.. ." .__. , � ' � z� DETAIL N.T.Gu. i ___ S2.SQ '_..... ...'""". _,_ �C 1 E L t 1 1 % , A ¢ / - _ _ "'� s t _ x "N Z8.4'0 t`u ` N w 20' °Set) PROPOSED 50' . T A4 L L* -t . . W4 rCR / O xk 50' Rfw t,o.e. ,*ZT&)1< TEMPORARYON LEELYNN INC {1a ! i i`- t / ik r ESMT. 1 5,; �10 0.� WtLEY MT INC C " -r + i , ,a } co-siv 4 � eF 14. }az 1 ( 1E1318 42001 ) F- t x ` k coyarZ 23 $73r8--woo ,K R •¢ Qj -:of, _ A 5. ..f - .14- (( 41AuSc 1.9m v �` .LI`v'.F x ,1,kivt it '1 ' 4F. T t.O 2 t ,.._ 63.99' 1 S 36`45'48" E C14 '^'..." 031 PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE ACOUIREO REMAINING AREA UTIL. EASEMENT ARE&CONST. EASEMENT AREA, NOTES '. 191318-12001 LEELYNN INC W WILEY MT INC _ SEE SHEET 6 191318-41001 LEELYNN INC do WILEY MT INC SEE SHEET 3 1 9151 8-42001 LEELYNN INC & WILEY MT INC SEE SHEET 4 1g7378 BNSF RAILWAY 10,045± SF** 13038± SF f2002 * AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE ** INCLUDES ROADWAY AND UTILITY EASEMENT LPDATEIR PA,PIE LOCI-NCR LAYONr I1-I-I6 406 NNM9E* EWE' 7.03River Road NPOATED RAy PER LOCHNER LAYOU' 1i-3-16 11062 IR-28-16 CITY OF YAKIMA SEIM 4141, 'ILA Yakima,WA 9s962 _„_„ FINAL UFIJAtES (FHYJPFI^�} II-14-16 FILE ARIES. CITY x /"1t 'l1,}"'1 ,F J DRAWING: S NAMES. tlx3 569.966.7099 PLAN' ,1052.dng 7 Fax509s65.3896 BRAVO COMPANY BOULEVARD .1'',D.gineciing and Land SUrv9}99g,StiC. www.Uladvi.cam DESIGNED er; TUB REVISION DATE EN " WETTERECWETRIGHT OF WAY PLANS 14 38 CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH 037 27.53,23' 544.50 265,05 s Ej6•54'07" E 262.44 • '36" E 2597 1 C36 1455'114 100.00 2"6"04- N 71 41 ,r,,,, P 'S 4.4 ,<„1—K, (0.,.. o .,L.., te,2 I \ . , ".\,' ' "' 4 FA r l 'ET,Its41 re,k, 1,..),,c, EBB 30'5317" 655.50 353.38 S 84.4517” E 348,12 1 BOISE CASCADE , CORP. SEE SHEET 12 FOR CON11NUATION . • L. / 7/' 2 1//I/ . H. i LINE BEARING LENGTH • / /2 / /// i Cilitta-tii001 At . I A' , Lls s 1555'22" E TS:52 PROPOSED 5.0` . F ' / 1 , / / 'ID3 j ' . // /A US S 6414'014 W 25.42 a, , \ „. ,,,,,p.,,,,,,,,,3„,,,,,,,y,,,o,„4, ;Da 7,712.Itta cTE0MmPsOTRRuARcTiYow ' Q , . ‘a„,<,, , / ESMT. / '4/ F. 16.0. R/Vi / L20 5 171811' E *5,00 c"," , I ' . ', PROPOSED z 1 / j(/`/ I /IF/ Bl."C. Q.I BD 1 uj I //w1"D'Q.-"H.' -,-,-,..,UTILITY ?MIT. HH-Q1.—I' ,17 ,eHC.- ,IT 4kI \ \ \I \0.7./// r / 2 :5',,,C1,14;v/HL.,./:/42.' I'HY2c. I— I , ,55.5D i , \ ‘ ., Ira:-.....rjr,„.",7- !, ,‘ ., ., , , I \ ' s, .1 , ft:, „ k>„ /j/j, ycy, /,./,./, 2 / ..,t.,,\....1,L ; , ,, , ,,„ . ,‘ , . ,, ‘, ‘, \ , ‘, .—t-,.. / /1., ///x : 1( es- • , ‘ / , , 1 , , „ . ' ' ', k ‘ , , 1 . 1 ..,-, H3H" ". . H./ ' ://7/ '' A wal / , n AT-s-anA' • ' ' ' ' ' Am-- 54 a / 'A / ,/ 7- au ../n-' z ' ,... I - nu / -r-:--n: ------a- --- -•wc-749" i ''''‘..) I‘ ‘ ‘‘ • ‘ 1.-4."-=.< ' - "72,2 ' 7:124. .. .„,,,.e it," ' //. .,, ., ,. -7/- -- --""V-" 7.4' H'F'`'''' ''',---"'- '''' -77--- ,2- -- --- -- -- --- --- "" '' ''------ '''' / / . ../„.,,,,,, , / F 2/ . //i/ , / / / , iss„ Riw / ' ''//I . I 1-H 7'IH` IFI Haj'a,\N 29'48'05" e 2,/ "2//I' / //////7 //A ;DIN!'" >HI/ 1; DB-4..„..„I . `, II ' 56,50'‘ . I ' • '- B-Q-4..,-- ,/ ''''‘'ILBH..,D.I. '. i.. I I \ • I ‘ ' I‘ I I‘ \ \ I I ICH k 'Y./HI IF sN 72I2t.:2'SB.J....3"-.94.-H j--"'‘HHIQ's:////,/,,, /H.' /HZ/2/ HH.,... .. , , , , , , • 1 H/_.... ...-......-,--,F.. --"%-- - 1 7 ,-,......, .,„ . , , . ‘ , 1 I- ' ' - ' I k ‘ 1‘ 1 ‘‘ ' //// 7/ 1 1 , „ ., ‘, { \ k t • ‘ ; ‘ ', ‘ , ' ' 1, \ k ‘ ‘ ‘ / / + / // % BOISE CASCADE / - --"mt-n- I, . • ' ' I ' ' I' i, ' ‘II'' '' ' , / '' ' '.4,,,., -7 Izia://4, ,, TFF---1 , ' ' I ' • . , . ' ', ' i, ' , . 4 / t PROPOSED 1 ‘ ‘ ' I 4 1 . ........///// /, //j/ r 191318-41001 ) / tit' Rfw ,- PROPOSED 5Cr PROPOSED / / 1 TEMPORARY 'HQ PUBLIC t DHC'Q. .IBBQB42. CONSTRUCTION UTILITY' ESMT. R.° S FP7BBOVJA ESM T. SE sHEET 13 FOR CONTINUADON 7/I . ///// H. D . a pmat PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA I Lilt. EASEMENT AREA:CONST, EASEMENT AREA NOTES B7 3 101318-41001 LEELYNN INC & WILEY MT INC SEE SHEET AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE sHEE7 u„ipPLIAATIEEE,0 94//wV; PER J.....LoCK:comr+IHINE;RE,2LLAAyYritiOUTT iIIII,j:3,1111:6 .1011,110Lb:st.c88..,:mloAr7:2e_ic 8 2803 RAzer Road "'SAL lirDAIra DRAVANG• SetISROW.thig A yakista,WA 9&902 -/.052,d4'g CITY OF YAKIMA 509.966.7BM - BRAVO COMPANY BOULEVARD or 14 Fax 509.965,3800 DEVGNED 8Y• rlYr RIGHT OF WAY PLANS Ennineelingand Land Surveying,The. www.hbovittom REV'StON CATE EN'"r5 ....‘'' 441 39 • ' / `,NN 1 il'N41 •'''N. r (r' . II(?°) cl'' T(2) 'I It. {-il@[ N , u ± ‘./. ttk9 , BOISE CASCADE CORP. SEE SHEET 13 FOR CON11NLI A FON ( 191318-41001 ) ) V /. .7/ PROPOSED BO TEMPORARY S.: 11.1:1‘,...,1 (6 CONSTRUCTION ESMT. 1 r s 11,0.6. 71/61/166 6.0,6. 7666346 . . . . . A 0 ,O.S. ?gaBONCOF N 00 LII PROPOSED • 1,?:..., < 30' UTILITY E^ EASEMENT• VI . CC Kr 1 1 \ t, ‘ 1 , .\ 22 ' 4>fr I-. 142 U.!6E- 6s.... Es....E6-66-673<:6:66,*'16666.1"1161.661611611416-66I62*- i _Z 0 1 • c') 61t 66* -w-ww*--,w----- 7,c7 7 '11 331. 1,F1S107 58 ,S 331 'A Y VIC r"( 'C„.-'-'l \ \.-' "Y \-/ -, /\\: \t ' ,..VrC4'/\... tx* w Fir /' i tn - -766 66 1 4-. i n.c.e. *ii i c I - _I —__. _ ____ i 4, I" 1 - _ .... , . _ _ i 1 -____ - - ---_,.._ - --___. , I_._ f 7 PARCEL NO, OWNERSHIP EXISTING AREA r AREA TO BE ACQUIRED REMAINING AREA UTIL. EASEMENT AREA CORSI. EASEMENT AREA NOTES N• 191318-41001 BOISE CASCADE CORP. SEE SHEET 3 0 is sx co .AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE . , s UNDATED RUN PER LOCHNER L.AuOUT : 1/-1-16 JOU NUMBER DATE SNERT 21303 River Road ufsos,reu R/Ve PER taGliNER LAYOUT 11-3-16 11062 70-28-16 CITY OF YAKINAA A YalKina,WASRN/2 UNA!, URN:NIES NPNI/RH2) I t-"T-16 FRE NNAES. 9 DRARAND' NheateROW N wg 504.966.7000 Fax 509.965.3800 ULNA iloe2dwg BRAVO COMPANY BOULEVARD w , Engineering and LaildSurveying,Inc. ww‘Villoiltd NOM OESIGNEO 5Y• TON RIGHT OF WAY PLANS• 14 i Nf ViSiON DA7E "ENTRRED er ANN 40 84 — 80 I e , 8 r E., I i-ta t.- /:(6, •;,:idi ';Y:i. R If -8 Prk8 -1's, 8 " ;;;- ;; ' 8 - ,„, _ - INTERSTATE 82 _ / ,/ ------------ ---" —---- / , BEARING LENGTH UNE , / i / -... Eta s 155522 E S 82 a r ..... , b La t fr ,. CC ' in e>\ b to L22L19 SKI W074214• 6:W; WW 2250347W i r - W , , LW S 17 L31 3 S 0732• 6W487 E 35 0: E 35.65° 1 1 g ,. ..... . ..., .-:.7t.\\\\. \ \ ‘ 7\__ , ,„ Wcgiligt g —\ — t . td N 55001 W \ 0 gr IFFkg Ce° II ! - 24 ..-3 4 i gs .-1 I\IN. ' 4 At 729447 Kt - \ ut II-II-I- "I‘.44III\*" I I/3255 ‘II\N iIIIg' \\ II\'t\ IIrj LEELYNN INC & 2. ,,,t zw ' 8,.„8. osErsw2Aoy' BOISE CASCADE if' hi EL D3 ;'" RIGHT 0 CORP. / . 1 LIS E WILEY MT INC , _-- ( 191318-12001 ) ox -„, i FOR PATHWAY 35' RAW *- IIN, CI --- t" C - t (":10131541001 ' /Ft 4E*,\\t„ . SEE SHEET 14 FOR CONTIN'FTION aminisiminsiimisiniminisCONST. EASEMENT AREA NOTES PARCEL NO OWNCERscS EXISTING AREA AREA TO SE ACQUIREDREMAININGaminimiss AREA 151315_12001 lisKyNN N FIWILEY MT INc 1111111111....1111111111111111111111 ammiliminis MIMIIIIIIIIMIIIIII, SEE SHEET 6 191318-41001 BOISECF RAILWAY CORP.AY RP E4ms um. * AREA PER YAKIMA COUNTY ASSESSORS OFFICE Kw- Y UT 18 JOS N4149ER DA7E,-,r R 'A 08 11-1- irel 19-28-16. 12 Rom • 280 3 Paver 98902 9°;:g2RTIE,R'N°DA,,R.V/J.1884;AER:8L1;°;;Cap4;1.1114 ,02_,NEER ;:177 ,*1118-134-RE A,"41091:4Csn't848.R;c1, w*: IR/t881t,8,8 Ak , , CITY OF• YAKII\IIA BRAVO 14 1 509.966.,wo r WAY PLANS RIGHT 0 • Fax 509.9653300 ,, DES19NED 8Y TOR ENT,49811 9Y 8,81 d LandEuneymg,Inc, [ 801851,1111818/ tom EIIIIIIINWEIX an siEws/ 1 EBE COMPANY BOULEVARD 41 ar_ CURVE DELTA RADIUS LENGTH CHORD- DIRECTION CHORD LENGTH C42 13'51'06" 2340.13 : 565.74 S 24'24'58" E 564.36 ,.,. C43 7'32`56" 7536.52. 203.74 S 1619'O5" E 203.74 0 ®°W1tl s$�g L✓✓ :, c\ E �.. 1 6 L 7' ll\IN o-, CR.1 11. "Ii� i iNTERSTATES2 o re L. II X. Vb.S0.0.7, Rjw N\ \ "\\.. N .....:... .. N\N \ c Lx-.;., BOiSE CASCADE CORP SEE SHEET.$ FOR CONTINUATION. ... *.... `L.; PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE A£OUIRED REMAINMG AREA U11L EASEMENT AREA CONST. EASEMENT AREA' NOTES. 191318-41001 BOISE CASCADE CQRF;.. -. SEE SHEET.3 * AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE UPDATES Rlw ?ER ?G hER {.av{}UT I t 1 ta" JLfr iUM6-iN 13-DAS CITY V I �PL�'V1YS: SHEn "803 Rivernoed UPDATE RAW °ER 4GFNER LAT20 Y 3 .6 110222 i� Z8-:IB AL Y01Ctm9r WAss9nz Fih AE .,P6A1E5 ( N IPN2) ii 4 tB FLE NAVES '� 3099E67WJ 3RAWNG SheesROW dwg or s sos.sss.® LAN 4 saws BRAVO COMPANY BOULEVARD EngineenngaidLandSurve}in�Ive. www.4tacrvitmm DESIGNED Et ER1FRSJ BY. A RIGHT OF WAY PLANS 14.. .. 42 N 'T RT OM li.ki,IN 11,1j. 22 2 F3. f liaN., (7,49 ‘TXTT`IIIL EN;AIL 46 N.-utA . . 4 •2, ..4 . . T LINE BEARING LENGTH -- I P. \ • x .. 1-22 N 0726190" W 2037. -- - T, IT‘k L23 N 18'3021 W 2000. s.,_ • 1.{ { ,,, -4-'{ --' Y * R. 64' R/W -- ,-- 35, Rilo --.119 •}1I A ', ; \ — — (TROXER BRANCHNORTHERN 44 -- L; \ EINSF RAILROAD PACIFIC RAILWAY) — — 1 -E, 3/313),3311L k 1 1 1 \ -I 3 • 1 ; ; 1 814 09' L / / ' 7-- " 722 ://2 2 -v./ 2 /./ / / < /2/2 /.."<ce, 2/ / 2 5877 222 .,/,./ S 7 3 5 1 1 ; 133 1.k.. ), • 1 ; 3-3 / V/ • 'k y'' • ; I E) u A • 1 • A , ' 1', • ' 1 ' A1,1 3.3,- AN ; ' ' 3,,,__ PROPOSED 20 3 /12// - RIGHT OF WAY / / / 1 • 113; '1' r ' ; 11)' )/ ; ' • ' 3,,,k), BOISE CASCADE FOR PATHWAY / r / / . 1 L, 43% ; • ' . v ) ; 1 ; \ // //: /://' 111/1 / / ‘ , ' 3 , • . , - 11 • , ' N -....,,,,,, CORP. / 7//7/ / . , ‘ y. 'l , ‘N. ,..„,--.„ ,....,... .2(xxx 491 31 8-44001 ) • _ ‘ • •., ,V _ ... 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SheetuROW dug 509.9661009 -FLQ-, Fos2.d,,,g nu$09,665.31260 BRAVO COMPANY BOULEVARD CF . . . , , Engineenng and Land Surveymg,lac. %mpg Naw,acom __._.. _ DESIGNED 64. :Dr 14 RIGHT OF WAY PLANS RV SON bETE E,A+'Emu: Sr AJH 43 City of Yakima Bravo Company Blvd, — Right of Way NLA Project 11062 November 9, 2016 Parcel jv h 1e 1 P1 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°2916" East 9.91 feet; Thence North 18°2916" 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 6180 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 90125'38" 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°16'571 an arc length of 219.69 feet to the following described Line 'A"; Thence North 71-29'39n 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°56'291 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, 44 Thence Southwesterly along said curve consuming a central angle of 110'28'40" an arc length of 51.10 Feet: Thence South 23200'33" 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 89205'51" 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 fine 358.26 feet to the Point of Beginning. Line A" Commenemg at the intersection of the Southerly right of way fine of the Mosee Branch of the Northern Pacific Railway Company and the Easterly right of way fine 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 71229'39".East 800.00 feet to the terminus of said One. 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 15233'57" 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°3205" 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"West25,42 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 14255'1.1-an arc_. length of 26.04 feet Lo the beginning of a compound curve concave to the North. said curve having a radius of 544 50 feet,, 45 Thence Westerly along said curve consuming a central angle of 2f"5S23' 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 611748" West 83.08 feet to the point on a curve concave to the Northwest, center of said curve bearing North 58352'08"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 of27.73 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°57'502 West 151.50 feet Thence Southeasterly along said curve consuming a central angle of 35°03'38' an arc length of92.71 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" East2340_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"B"; Thence North 16°06'34"West 201.93 feet; Thence North 12°24'47' West 214.39 feet 46 Thence North 7'26'Sa'West 245.25 feet to a point on the Southerly right of way tine of the Moxee Branch of the Northern Pacific Railway Company, said point hereinafter referred to as Point"C, Thence North 7'1733'558" 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 fine to the Point of Beginniiig. 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 717330W 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 18730'21"West along said Westerly line'20.00 feet to the Southerly right of way hue of said Railroad; Thence North 71'33'58" East along said 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 114 and Me Northeast 14 of the Southwest 114 of Section 18, Township 13 North, Range 19, E.W;M., lying Westerly of State Road 82, described as follows: Commencing at a point 2286 feet West of the Southeast corner of the Northeast 114 of the Southeast 1/4 of said Section 18; thence East 2286 feet to the Southeast corner of said Northeast 114 of the Southeast 114; thence North 80 rods to the Northeast corner of the Northeast 114 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 15730' 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: 47 AND EXCEPT beginning at a point on the North boundary of the Southeast 1/4 of the Southeast 114 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 114 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 114, more accurately described as South 86551' 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 Auditors He Nos. 1757605 and 3162797; AND EXCEPT all that part of the Northwest 114 of the Southeast 114 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 tine 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 114; 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. 48 City of Yakima Bravo Company Blvd.— Right of Way HLA Project 11062 November 11, 2016 Parcel a 1 .'1,t 1f 1je{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°26411" 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 1000 feet in width the Southerly and Easterly line described as follows; Commencing at the aforementioned Point"D"; Thence North 12°3314"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 51,50feet; 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 tine, 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: 49 Commencing at the aforementioned Point"E"; Thence North 71129'39' 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" East575,50 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 87128'061 East 4,23 feet to a point hereinafter referred to as Point"F" and terminus of said liner 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 Northerly and Westerly line described as follows: Commencing at the aforementioned Point "F"; Thence South 2131'54' East 8700 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 One thereaf, and being the terminus of said line; AND TOGETHER with that part of the hereinafter described Parcel "A" being a strip of land 1000 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" East575.50 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; 50 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 30'531 i'' an arc length of 353.38 feet; Thence North 79°48'05" East 81,23 feet; Thence South 17'3811" 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 right of way line of the Moxee Branch of the Northern Pacific Railway Company and the Easterly right of way tine 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"0E34"West 201,93 feet; Thence South 64°14'017 West 25.42 feet Thence South 15°56'22 East 35.52 feet to the Point of Beginning of said line; Thence South 64`1.4'01"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 51 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 foot; 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 53657'50"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 18129'16"West 27.00 feet; Thence North 82'26`11" East 100.15 feet Thence South 89'58'O8" 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°0651 ' East along said South line 296,46 feet to the Point of Beginning; 52 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 114 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., lying 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 far 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 114, 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; 53 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 Northeastedy side Block 164, COLLEGE ADDITION TO NORTH YAKIMA, WT. (NOW YAKIMA,VVASHINGTON), 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 600 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 600 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 fine of North 9th Street and the South line of the Northwest 1/4 of the Southeast 114: thence West 201.6 feet; thence North 15130`West 17 feet thence Easterly 200 feet, thence Southeasterly 33 feet to the point of beginning. 54 City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 14, 2016 Parcel . 1g181S.41 .1 al(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 fine described as follows: Commencing at the intersection of the centerline of"D" Street and the East fine 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 fine 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 fine; 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 55 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 2631'54" 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 110a28'40' an arc length of 51.10 feet; Thence South 23'00'33a East 152.64 feet to a point that is 50.00 feet North of the South line of said Parcel LLA" as measured perpendicular to the South line thereat Thence South 89'05'51' East 256.82 feet; Thence South 0°5409-West 50.00 feet to the South line of said Parcel 'A" and terminus of said linen 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 YAKIMAI 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 711;29'39' East800.00 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" East575.50 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 71.50feet; 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 555.50 feet, Thence Southeasterly along said curve consuming a central angle of 30°5317" an arc length of 353.38 feet; Thence North 79548'05' East 81.23 feet; 56 Thence South 11638'11" East 15.00 feet; Thence North 72'21'49' East 18019 feet to a point hereinafter referred to as Point'B" and terminus of said line; Line "A" Commencing at the intersection of the Southerly right of way line of the iM of ee Branch alley of the Northern Pacific Railway Company and the Easterly right of way o 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 71229'39' East 800.00 feet to the terminus of said fine. AND TOGETHER with that part of the hereinafter described Parcel "A", being a strip of land 50 00 feet in width the Southerly and Westerly fine described as follows: Commencing at the aforementioned Point"B"; Thence North 16306'34"West 201,93 feet: Thence South 64314'01' West 25.42 feet Thence South 15"55 22" East 35,52 feet to the Point of Beginning of said line; Thence South 64314'01"West195,41 feet to the point of curvature of a curve concave to the Northwest, said curve having a radius of 100,00 feet; Thence outhwesterl curve length of 26.04 feet toy the beginnning of a compoundc cura ver concave arctal angle of 14°55'11 ' an along concave to the North sa d 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 71.50feet; 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°1T48"West 83.08 feet to the point on a curve concave to the Northwest, center of said curve bearing North 58'52'08"West 78.5 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': a central angle of 20°46'14" an arc Thence Northwesterly along said curve consuming 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 length of 7beginning 2.19 feet to the consuming of a re verse e curve concave to the Northeast, said curve having a radius of 677.00 feet, 57 Thence Northwesterly along said curve consuming a central angle of 13°1916" 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.,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 brie of State Route 82. AND That portion of the North 112 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., lying 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 114 of said Section 18, thence East 2286 feet to the Southeast corner of said Northeast 114 of the Southeast 114; thence North 80 rods to the Northeast corner of the Northeast 114 of the Southeast 114; thence West 2703 feet to a point 63 feet West of the Northwest corner of said Southeast -=- 114; 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 114 of the Southeast 114 in a generally Westerly direction, more accurately described as North-86151'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' East460.0 feet;:... thence North 82°2'East 500.0 feet, thence South 71'24'East 253,4feet; 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; 58 AND EXCEPT all that part of the Northwest 1l4 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 Magee 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 Aof Plats; Page 22; thence South 18327' East along said alley right of way fine 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 114 of the Southeast 114 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 1t4; 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. 59 EXHIBIT C MILL ROW PROPERTY, MILL PROPERTY UTILITY EASEMENT AREA, AND MILL PROPERTY TEMPORARY CONSTRUCTION EASEMENT AREA LEGAL DESCRIPTIONS 60 £)� S Lei �"°' C1 i`T iE3E me �1 1 -. y",12a1, R 7 , .114,. 11,11k1,r Es, 19E., ylti'.M. ..I.„, \ V \ N { 191318-z1aa3 } pdgp( Phase 2 • 18-21 1 :( VY - e \.. v ,, " VIDE.PYt t 19131E-24001 ) T ( 191318-12001 .} y, l3 O ZN 4i1 t IX n • ryG p41 , 4 ; } ' T± t1 \ P , t N ` { 141 aei'l' - orrAaK m � { 191318.42001 } �s .3 . d •k _ ..hy _% t app f V A 1 S t, t Gl �' 4 k `y t-"i (11 'f F. . '�UU,,,,� -,v — -- I \ F /W - ; 1 ` I X ' �' p.' `'R 19131e #tool ) 1 I ""�,--S'� b,TA 4y� 1 INTERSECTION OF THE -. ''.t a H.A4' ; CENTER LINE OF 'OF A DENOTES SURVEY £ '?kg''q Y STREET AND THE EAST (. MONUMENT FOUND. SS N �„ pO ''UN£ OF BLOCK 186 OF __--- MONUMENT F F" THE COLLEGE ADDITION I. Ups t 'Stt , •y TO NORTH YAKIMA, sew a44 S�Lc '2' ",L� ,s,, 1 111� I`N1 `J:E: 1 L,E(UGx-{` ir t ,M3 I1 �-'�t T \ 1w,t, I3..10 .,, .A.,RI G1NG GO- N� ,, f --FAIR AVE UPOATEE R/W PER CG NER .A OUT I i i9 JCB NENB R OAT.. 2803River rv2(f IIMYA'IT'C PEW PER .PfYNE12LAYOUT ,ti-3�E EPEE tQ 29-:,9 C T OF YAKI AA. s�Eet A Yekune,WA 98962 RYA,. LP0ATEs rPRl/PHA * to-to GEE WEEPS d: I'u' 2 30998&70W oRA Nc te9 Boa.o g Fn sv9.xs3a00 BRAVO COMPANY BOULEVARD A EngineetangandL&ndSuntying,Inc anew71le�Inicorn s BEUc.Eo aN 14 Ren�9rna PANE ENTERED ew.. ro+ ''... RIGHT OF WAY PLANS . nee `w _ ;., ( , ° [ 1� °; ,h :" 1/7 Puauc �_ _ uF,CVM UTILITY ESMT. �` _ s", .-� .- PROPOSED 56.50 .- ,- LEELYNN INC & - og R/w q _ WILEY MT INC _` - .- 'F -;�''' s i"'"-s_1' N aS as'a.a • -;-5- T7i"T�_ T YIO ' ._. 'I�_�� �91318-120Gi } 6100 s Kea,. EVE556.51 r t a a1oa4 -� e r , �" , ��PROPOSED r! 'F „" ' 717.5 R/W.ate ay.. N { 4 7 o- s- --w J / , 4 W PROPOSED SQ' A _ .,� _ '' „..a t F ."• , / wi o - r 53450 ' 9, 7. f 7 _ -r�=-- �' : t `°F�*-/ T a LINE BEARING LENGTH TEMPORARYRUCTION r 71" t sr _ .171 L70 N 31'49'S3" E 4.00 ESMT. r --._. ,a--- x s r "A L11 S 05126'43" W 10.15 '--. -, f t - - - f L12 N 36'58116" E 4.50 t -7 C 1 - - t 1 L i7 Q � N 577, z 3 20'Q1'37" W 31 548 WLs iI r Y ' ' k t/ 4 Yam, t• 1 s P41lYT / G? t 4 F .r r 1 IS L14 S 68'48'03" W 22.11 * h x r 3 t t :' ; dc` -+-i ' -� .52 5Q L26 N 19'03'79° W 3.84 <5 . - t 7 , r r t 7t Y a ' y PROPOSED 5O' , ) / l ,' d f f '!' -�.'- TEMPORARY •1 S /t Y i r 7).1Tr ▪ 56 50' ,_ PROPOSED CONSTRUCTION J `.� 7_ 774 {y 1 {/` "AlF ,�4 - 10' PUYU£ ESMT. / p -1r Y UTILITY ESMT. J H 14 -, ` '" 11, lr / ` ; 1 d � 1 /-i ( _ i CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH iLEELYNN INC & C15 19'24119" 542.50 183.74 N 48.27'57* W 182.66 WILEY MT INC Fr -/ „s,..."' t sr... .._,{ C16 10'24'40" 635.50 97.05 N 63'22'27" W 97-72 " {? .rrrr I t f t '�913'I 8-12DDd C17 10100'25" 50.00 8,73 N 73'34'59" W 8.72 -1 C18 38'20'54" 97.00 64.92 S 8214121" W 63.72 C19 7222`34" 107.50 135.79 S 80`44'49" E 126.94 rr ^�, F G yir ..r' C20 60'40'25" 74.50 78.89 N 74153'44" W 75.26 t . a i ettIt - .F P o p GTA ' '..-�.._.� C21 18'11'04" i625Q 57.92 S 83'27'34" W 57.68 _ r1x1 i "`fxr1'3317.-- .'.- _ „r C22 87'Q7'21" 66.50 101.12 N 48'S9'23" E 91.65 x, r7't 7 � C23 7238'04" 9Q.60 114.o9 S 30'53119" E 106.61 - e «+ - 3+ r �,Q xs" ' 1 _-.- +a3 l j -7. C24 3'57'14" 20QAQ 13.86 5 69'10'58" E 13.80 G25 12`o7'Sf" 856.00 13&.d9 N 65't}5'40" W 138.63 SOUTHWEST CORNER or C26 20'75'Ss" 651.50 23Q.44 N 48153;46" W 229.24 -i PARCEL C° -.Fh(, £ ^_, r C45 3'13'06" 649.50 36.48 S 6914117" W 36.48 - a ! II PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA UTIL. EASEMENT AREA CQNST. EASEMENT AREA NOTES rF 191318-21003 LEELYNN INC & WILEY MT INC SEE SHEET 5 .5xQ avi-- _ r 191318-12001 LEELYNN INC & WILEY MT INC 2,445,023±r SF 11,624± SF PHASE 1 243S 399% SFE 2,133t SF (PHASE 1) 1Q,637# SF (PHASE 17 D 5 r `CWR HEASF1"`�// 191318-12001 LEELYNN INC & WILEY MT INC 2,433,3991* SF 191t497±SF PHASE 2i 2.247,902t SF 14,868# SF (PHASE 2} 81,767t SF (PHASE 2) 5 PARCEL "D" * AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE UNDATED R/W PER LOC✓NER LAYQQt 11 1-d6 J43 NUMBER: 001Ef IT F I ggt "��� jj 2892 Rirm Road UPDAT=b R(ry PEP :.C`CNNER LAYOUT it-3-16 r5062 IG-28-td 1 Y2TO9 WA@84(P FINAL UPDATES {PHtFPna} U-t*-16 FILE RANEE $ Se9,9b6.7eee DRAWING: SheetsROREwg PLAN: Eoasn9ses.sLtev a BRAVO COMPANY BOULEVARD OF Engineering and Land Surveying,Inc. wwwblaciviT.eom Desr Lp ev: of 14 aewsivn DATE ENTERED ev: A.x RIGHT OF WAY PLANS CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH CURVE DELTA 5RADIUS LENGTH CHORD DIRECTION CHORD LENGTH LINE BEARING LENGTH C8 29'3037" 151.50 78.03 N 13146'48" E 77.17 C33 2014614" 76.50 27.73 S 4824'35" E 27.56 L8 N 28132105" E 23.38 C10 3510038" 151.50 92.71 N 1613021° W 91.27 C34 6334123T 2050 29.40 N B925'06" E 27.92 L9 S 40136'09" W 4.00 C11 1752'12* 151.50 47.25 N 4415817E W 47.06 035 2830'03" 78.50 35.38 N 4422'53" E 35.07 Liz N 28132'05" E 6.29 C12 4430'32* 790.00 62.17 S 5E39'07" E 62.15 036 10122.30" 71.50 126.65 S 2212'40" E 110.73 L21 N 28132'05" E 43.40 C13 10'3003' 786.00 145.88 S 44104149" E 145.67 C40 82109117" 71.50 102.52 S 691043" W 93.06 L23 N 18130121" W 70.00 C14 2'40'29' 677.00 31.60 S 4012'49' E 31.60 041 2135'55" 575,50 26.10 5 2714'07" W 26.10 . L24 S 71'33'56" W 11.69 C31 1319116` 677.00 157.40 S 48112'41' E 157.05 C44 1149103' 677.00 21.47 S 39147105* E 21.47 032 16150'51" 2455.50 72.19 N 46'26'53" W 71.93 _ >< i L25 N 71'33'58" E 3.90 LEELYNN INC & BOISE CASCADE POINT G WILEY MT INC CORP. 3 A fit` 15 --AA 4 p0R CON PH- , 191318-41001 ` 08H, i .�\ i 191318-12001 } SEE SHEETt 1 . ` s ei; ti4r, 1't �'' 11 l V t t 1 "may. �i 6O' RfW ,V`\, V At I ..K SOS 'T of i 0 t \I 56 50 .. -._ PROPOSED - " `a f S ELOTA Gs tax �c I ' \ 4 \ t co .co - f{ - ;:� rT t t t ^ � 'y t t t tit ytt ' t \ ,a l � i t y .q.-y L 4 l x e t t V t ' t . t r _ - _ `•.� S L t 4 t 1 + i A w _ - - , \� �n AAA - _tare ' t k-t ' v „t ai:11- 1t .T..uL, t \ � t7' 't 14 - gIt .�, t1 } L ; tea to w s0 t s st > p k t ti t t l C T +t 1 �� w N384648 W f -5384548 4 t tt 1 t �A t llt t t { l l t x yti +' sy 106 64 63 99 t 1 L"1• S 1 \ t `k t \. i 4 § t P + v t t. I y t� A tt t_ t' -t t I t t i i x .' \ 1 t v t � t � � kk'" x, b t \ r''� T . S l , A *y - i ' i y 3s r } � t �^-." � ""c..' r L 1 4 �- .`".^ �'� p ° � e t b 1 sit s ! GI 3Y �1 t t A 1 t � � t '. 1 t ' � � r t ' I q',,• V5 ., 7 m of "JW . . ---e-� __ . - t -�'{ ,� t 11 II. (i t h E CASCADE �N 'T ..{ G . s s ' F � � l t t �t � 4 � � {��}S 3$d E 90 _.`" " .a .I--- t^ - c t t ♦ t C t3 ct 4- r�`8399 N 384548 W A _ _T4 _ ' 1G73"r t 7 _ t :1 i 1 v� �._ 1� 1 DETAIL " N.T.S. 4 a _ } - - ..__...,._.- -' �� Q[� 2Q,ROAy111 4 - t A t�1 L - q' PROPOSED 50' ACTr .t t U 4q fie* 4476. G053J3-2 TEMPORARY c �t 4Y X F . r,{4-� ' I CT gg Sot RfW B.C.R. 2060007/ CONSTRUCTION LEELYNN INCH Li - ip tt 4 � 1pN / re A ESMT. WILEY MT INC \i t t ` p RHL 6-41001 fj0 -$/ { 191318-42001 _) .' 1� �11 , •.An , E°aTI ' . J6TST L . & `'/4r . -',%._ -CCc„ IC` ._CC" -'�}r Ir rv3G`�`�! . .�" b/DI=,,, tt~ "8,2,71 11. 'i c�EE. s-- 63.99s C31 S 3845148 E C14 --„,,, PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA UT1L. EASEMENT AREA CONST. EASEMENT AREA NOTES ' 191318-12001 LEELYNN INC & WILEY MT INCSEE SHEET 6 19131E-41001 LEELYNN INC & WILEY MT INC SEE SHEET 3 1 91 318-42001 LEELYNN INC & WILEY MT INC SEE SHEET 4 .T 9T ENSF RAILWAY 10,045* SF** 13,138* SF 7$7420,07 + AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE ** INCLUDES ROADWAY AND UTILITY EASEMENT TT PDATED R W PER L nNEP LAYOUT' t -13 O8 NUMBER. DATE- NATO) _ + �• .� i.i RivorRtrad 9S90 llP2Ai d L U PER 12014141 e LAYOUT : fl-'4-16 RM: to-23-ig t Vt Il tt"A1 Y2$O3 ,WA9$F02 FINAL UWPATE5 (PH:7AH2) '*-ffi ERE NAMES 5049b6.70.PU URARiNG: :M1eet Rowtivg T��.,{pq/py��y eN sass3.9ea9 PLANE2. g BRAVO COMPANY BOULEVARD 7 Engineering and Laud Su ,at..M,Inc wwwNzeiviNom RESIGNED n:h RIGHT OF WAY PLANS 14 PENSION - - 63 2 k 50 $ e INTERSTATE 82r a 9 o w Rm • ++, yr � yy t:.. t�^m{. ritty4 f1— ty � t 'y t.. { y* yt1t 4 yttt t tr tR- 14 S.. t V � Ct \..\12X\X1\. i •mot �' t y...� ^ • 69 t 4 • ytt ` 4 • y • t • yj yy 4444 ytttyt ti t ^ y � tiy4 tSr t � 4 S• tt N.. y-�6 k" ' ..+«;t t t 4 ^ t 4 t 4 t t s t ' t PR(tP(�SEp'Rj r' •V RIES 4 S • y t 4 ^ ^� • • • z 5 LEELYNN INC& WILEY MT INC 191318-12001 ) PARCEL NO.. OWNERSHIP EXISTING AREA ..AREA TO BE ACQUIRED REMAINING AREA UTIL, EASEMENT AREA CONST. EASEMENT AREA, NOTES. 19131E 12001.,::LEELYNN. INC & WILEY MT INC ' SEE SHEET.6 * AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE UPDATED RED PER LOCHNERR LAYORS t^ 1 ^6 DOG `IDMBER Dh2E CITY YAKIMA ZQp3AW8t RDari UPDATED RDY PER LOCHNER LAMJt .136T6 -0062 4626V6 Y sn¢i A Yakima,{WA 96902 uNGL UPDATES (PHWPH2} 6 ENE NAMES 10 599.966.7999 ❑RA'MNG S setsROW.Cxq Fax 899968.3899 PLAN, '1992.dwg BRAVO COMPANY BOULEVARD. of t. EIl9gineenng and Land Surveying,Inc. i www.7ilenrlcom UFS NEL BY Tar REVISIONDare el+tlRco ar A,vt RIGHT OF WAY PLANS.. ..... 14. 64 d k°. a ' 80. mime as sow 3 w (�Y / 4, v`: <' ., x' P,: , ,1= s i H . , 11 , s C% lza U-.,} ..., 6c�,. .aR t �Ik fF9 u., .1..� INTERSTATE 82 o , A « w • --, , La n ,-4 .—t 4. , S ' `.,+ .t.} , 4 4 4 ..i 4 S 4 4 ,. 4 t 4 T y—4 4 4 • 4 ,yy , ® 4 W S_ O.T i t + ' s 4 4 4 4 4 , , 4 t t , t 4 t. t t 44 , 4 4 t t1 y 4 4 t + I I' T`4 ""l,_„—' ." 4.. ' t+ t t. 4 4 ' + i 4.. 4 4 t S 4 S � � 4 � 4 • t 4 to N t �: 4 4 S tt ` t4 r4 + 4 4 os s.' 444y 4t t s4 S: • w 4 4 4 ,76. .74' 4 , �, 4 • , + t 4 . 4 4 { 4 4 4 44 , T 4nt t 41 4""t' '• "r 4—.. 4 + AU z R:.40°45 09" W.. N 29'S&36' + t • + • t + ' s t • t t 4 + t`"" ^^—, ky Vd t 4 '4 i 4 t 4 {y 4 4 ' Y�+1'Ok y t' ' 4 4 is t + t t + t I k"1"Y^�— - ,,,.. I s k 4 44 4 4.045Kt}4 Silk t t 4 4 ;4 tt `, 4 + 4 + t4 y t 4 4: t t , 4 , 4 t ,(`/TiES t + '4 4 , y 4 4 + t 4 • 4 444 .�3, 4 +4 4 t t4 t + , N 2349'77 ..w t t ty t 4. + ti.`0 4 • 4 + t t--, LEELYNN INC & 4 4 t m.a WILEY'NIT INC 4 I '4 , , k 4 1/2 y ( 191318-12001 ) _ Q; PARCEL Na OWNERSHIP EXISTING AREA : AREA TO BE. ACQUIRED _ REMAINING AREA UTil, EASEMENT AREA CONSI. EASEMENT AREA NOTES.. 191318 12001 i .LEELYNN INC:: & WILEY:MT INC:: SEE SHEET S AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE ..F' E RAN PER l6GH\ER LAYOUT `i f i5 J08 FJ Ai9ER AT[ „' S a „�„ a S,4ER 2963 River Road UPDATED R/W REP OCHNER Aw©UT i' 3 46 '' 10062 a 27--i6 CITY iL1Ri.. . 'ItI ! YMdwa,WA9& F AL UPRF S (PHI/P $} 6 3 11 509.966,764n DRAR'�+F+a Sne taeaw:owg Fax su9s6ss6un `A'" 1,662'1„g BRAVO COMPANY BOULEVARD or Engineering and Land Surveying,Inc. WWWhIWWdCoro oesicn ar 14 RE4}SION UA-E PALTERED pv. .. AJH RIGHT OF WAY PLANS 65 2• t 1 a4 se ce Nis L c n A R Ft % `r am h ' j 117 .^ Sj E `11/17.- y also 1 5y �"lv... vos (,h" 14�.1[ LJAIf'/'.a, t _. _ _ I i INTERSTATE 82 1 I.LINE HEARING LENGTH. r 118 S 15'55'22' E 35.52 t Er L19 S 6474'01" W 25.42 , M. L22 N 0726'50T W 20.37 / m. ma r / L30 $ 17'35'47" E 35.OG t L31 S 07'26'50" E 35,65 1 1.. l w to 1 1 \\, V 1 \ 7.'''' ; 14 W.S.D.4.T. RAN _ ,�i \ T ir T �. t' 1� �•" I " .0' A `:-` � \\,, A\. A �''� ` -.'25 \\� . `: 1 Tt`., 17 e \ ` L\ \ 1 Mrrf rE) , Q -, �. -::- \ - .\- r- N 7 1 T r" I n , CC 3� --I `.. I¢� tY �\c _ 1 N 12'2447" p[ \ LEELYNN INC & w `n '1 m h z m x z z�, PROPOSED 2D' BCISE CASCADEii NVILEY MT INC m � RIGHT OF WAY ;1 ma 1 81 31 8-1 2001 ) g ...: FOR PATHWAY CORP. ¢ `` ( 191318-41001 ) ,t 35' R/W j , * t _--1;' t x SEE SHEET 14 FOR C©N11NUAT:Ot4 PARCEL NO. OWNERSHIP EXISTING AREA AREA TO.BE ACQUIRED REMAINING AREA U11L. EASEMENT AREA CONST. EASEMENT AREA NOTES:. 191318-12001 LEELYNN INC:k WILEY MT`tHe SEE SHEET 6 191318-41001 b BOISE:CASCADE CORP:: - - SEE SHEET 3 BNSF.RAILWAY SEE SHEET 7 AREA PER YAKIMA COUNTY. ASSESSOR'S OFFICE. UaDATED R(W PER CCiNER .AEOUT '1-1-1e J±+6 I062 R PATE ��� a 's j SucE 2803 River Reed •e DATED ft 2W PER LOCHNER ..A:GUT II 3 fe I062 16 28-'6 OF X 'MIA Iy Yek{m0,WA98902 NAL UPOfTES (Pn1/PH2` 'i 1h 16 HI NAMES 12 --"OKARWG S+aet,RGWd,o S0996&7000 ..... ..._.._ PLAN. "1062:dwg BRAVO COMPANY BOULEVARD OF Fax 504965.38043 Engnee gandlandSu veying,Ine. u vh1emvco,r, aescvE3 ay. mr RIGHT OF WAY PLANS... ... .... 14 i:. REY SON - DATE Eti1ERE0 2Y ARP - i. 66 City of Yakima Bravo Company Blvd. —Right of Way HLA Project 11062 November 9, 2016(revised November 14, 2016) Parcel no, 191316.12001 That part of the hereinafter described Parcel "G", 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 60140 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 72122'34"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 r 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 10100'25"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 542.50feet; Thence Southeasterly along said curve consuming a central angle of 19°24'19" an arc length of 183.74 feet, Thence South 38'445'481 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 paint 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; 67 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°40'26 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°2440"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 7'0.05 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 38945'48 West 110.44 feet to the point of curvature of a curve concave to the Southwest and having a radius of 851.50 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 450 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 th e West line of said Parcel "C';; 68 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 15150'01" West 398.64 feet; Thence South 63146'06"West 60.58 feet; Thence North 23'49'17' West 413.13 feet; Thence North 29'5636" 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''t 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 and 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 114 of the Southeast 1/4 of Section 18, and running thence North 71116' 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 69 South 1/2 of the Northeast 114 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 fine 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 114 of said Section 18; AND EXCEPT that portion conveyed to the State of Washington for highway purposes by deed recorded under Auditors 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 tine of the Notheren Pacific Railway Company's Railroad and Westerly of the Westerly right of way line of State Route 82. Situate in Yakima County, Washington, 70 City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 44, 2016 Parcel no. 191318-12001 (10' Public Utility Easement) That part of the hereinafter described Parcel "C', being a strip o€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 10300'25" 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°49'531 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 of183.74 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 fine; 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 fine of said Parcel"C" 116 24 feet to the, Point of Beginning of said line;; 71 Thence North 38145'48 West 106.64 feet to a point that is 100.00 feet Northerly of the Southerly line of said Parcel 'G">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 10124'401 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 49'24'19' 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 'G"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 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°46'48"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 4.59 feet to a point on a curve concave to the Southwest, center of said curve bearing South 30°58'16" West666.00 feet 72 Thence Northwesterly Song said curve consuming a central angle of 12'07`51.1 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 315714" 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 84134'17' West 111.00 feet, Thence South 5125'43"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 87107'21" an arc length of 101.12 feet to the beginning of a reverse curve concave to the South and having a radius of 162.50 feet; Thence Westerly Song 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..850754, 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 OR 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 land in said Section contiguous to said above described tand as may be necessary to construct a roadway or fill along the entire length of said and 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 oflaand 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 114 of Section 18, extending from the South line of said 73 government subdivision, Northeasterly to a line drawn at right angles to the center line of the main track of sad 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 tine: 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 hearing North 49°49`East and parallel with the South line of Said "FI" 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 114 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 Auditors File Nos. 1757605 and 3162797.;.. AND EXCEPT that part of the Northeast 1/4 of Section 18, Township la 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: 74 City of Yakima Bravo Company Blvd. —Right of Way HLA Project 11062 November 14, 2016 Parcel no. 191318-12001 —(50'Temporary Construction Esmt 1 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 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°2440" 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 an the South line of said Parcel "G', said point hereinafter referred to a Point 'l' 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 tine described as follows. Commencing at the aforementioned Point 'I; Thence North 71°33'58" East along said South line of said Parcel "C" 116..24feet to the Point of Beginning or said line; 75 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 "G"; Thence North 0'17 05" West along the West line of said Parcel "C"321.06 feet to the Point of Beginning of said tine' 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 60'4025' 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 72522'34" 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 10'0025"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 1924'19" 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 "Cr 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 450 feet to a point on a curve concave to the Southwest, center of said curve bearing South 30`5816"West 656.00 feet; 76 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 66.50feet, Thence Southwesterly along said curve consuming a central angle of 87"0721"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 fne of said Parcel"C" and terminus of said line; Parcel "C„ That portion of the Northeast 1f4 of Section 18, Township 13, North, Range 19, tying, 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 Auditors File No, 850784, 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 112 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 t2 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 77 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 tine said Section, 782 feet, air said strip of land being in the Northwest 1/4 and the Northeast 114 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 la, 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; 78 rq,sm lit i fed.3-2.„ la. 1 I .4r SENSE S.ES.E„.FESS. 1. i g - k , N c 191318-21003 „I I 9 f VY ,E ---1 40 TED I R/W - Phase 2 t , 191318-24001 ) v, s•tro...-D ( 191318-12001 ) .4• \ --i .. I i 1 Acor fii•s' ' +leg •:,‘s , ,,,,-,,,, ,..E..ss k.: \-cAt+f.. .1.‘!...a. .‘,4..,..: 1 -fs• ..,.s. s.- s yts.i :, .. ,••i••'.4 Ws 4 se4 2ierffer0a sa\:?\S,9, c01'e9,•0 A,e0?'1 c9 9,0.01- N?,„s'f---%,off‘tf•orP?f 2‘, ‘cc Ar7 lA \ • , : D Y 4e 0 c z • • \\totir.-:• — _.----- 9. 4 ,. 0 f" 4 TEN pr Ts ttoil , ‘ (413188i4139--) At,st AA-, 3:5s T r e,.., „,...4,- s S • "'1/2 41,1'‘N>c•Ct\ . s.4, • ' '4A:,'.1 1 \:.‘'..;} 0 0 • ' ED** ( 191318 42001 ) fitt(•:2"-"****430,12/2W• 4 At."4: ' t OF ET N- EIDDIE Es. AT \ ET ,6 5C- ,,s,\ 14.\ ,,,--kk I-) 'tk•P. I Its 74E4`k ' ;119131841001 ) f -- • -----s-t" t 4 t‘4?:‘\'''N‘ ' c.‘t,..\51,'). ft, --`V k4,FEIS" I 1' VC., .,..,••••• iyStit "t4I.r ,s C.,.. •" 1,, - .....-:jj'''''' -'',<*•.. .. . ..t.7 „_„, lo INTERSECTION OF THE H2 000 . -T2c LS no21.20 1 CENTER LINE OF le' 1 46-7----TIte\A"I Ni STREET AND THE EAST 42 DENOTES SURVEY 20.60 ,n1 , _ -LINE or BLOCK 156 OF MONUMENT FOUND n• 9+ . ,,, .-.te , t_ _ -THE COLLEGE ADDITtON I IT, '. ST I \ I F TO NORTH YAKIMA. -S.k -4' 001 \ SE 1E3 SEC la, SE?114„ SFS. 1FE ,n‘ CO\- • \ (77 f I •c)flA \ \ f • JPDA TO REST PER TOCENEft LAY:TUT II IRID JOE tkmack. )RE EWE 2803 Kim 6244 • Ji,n4-TP RWE PE, FECTOKR LAYOUT 11-3-* EDDE 10-28-16 CITY OF YAKIMA ,., A Yekint2,WA 9E402 FINAL OFEATES (FHIJR-12) '1-14-16 PILO NMES 2 DRAWING SINGE:ROW cog . 506966,7100 H. .—.....-- FLAN 11082 ew , ENt$0.965.1800 — g BRAVO COMPANY BOULEVARD Of EngineerisEari Lend Stineyingrine. ; EsssasisEn DEERE,* ED TOT READ-IDA 1E. DATE ENTERED 20", A to RIGHT OF WAY PLANS 14 LEELYNN INC& 79 WILEY MTINC tt IN UP( : ` n 4 8� Htr'I v1l ( 191318-24001 ' LEELYNN INC$, ' ` WILEY MT INC A,a.�. ;P 52 A4 j (I 19131&-21003s) PROPOSED 50' 5450'.. jf/ TEMPORARY / CD t CON57RUCT10N PROPOSED ESMT. 109 R/W " / PROPOSED`^. v0' PUBLIC 'FI' y N t` t�mrty ` .j UTILITY ESMT. ......rry- IS t k t 4 y Iy 4 It I 4.it tt t 4. 4 tt {y 4 II II 4 ty i 4 S y S 4 , �.'"" 4 r t ' 4 y_. y t 4 I 4 y t y 4 I hi U SM 4 y t 4 s t _.�-` 5 h- 7r�, t -fy-7 .r ""_\�.. & ,T'a "•_� A\ -i-439 85 4 . t S 4 ' ( •• t { 4 -a--r'S� r'. 1 1 :.t t/ y 7 4 cn / \ 2]2 QS , , s i I. t t Ii ' HT ,s s. ` ' s1 ', C t- --sr Xs'T-�. t ,( t ` s. :, t �.—T �5 , - �7 3 9'�'' ,4.,-•n rt u r "t \ „, \ 'C' iet \ \ L . aT�r't, \ V \ . \ ss ii > % k 1\ ‘ L - ' r `^ l \ t \ F '� 1 2 `t T oo 'n i •.+<]�«kg \ t t ? t31 \ \ V ' 1 ' 1 k\ 4� t\••t. Nr V7 4'4 7\t }t rC o ., � ' , ti31 14 ..,.. r ,, A \ \ \ z' , 37, W x t a 1 - „ T „ � 28 1 :- � S 6T17;57,x W :-i •"- 'y"-j z `--,•. : I ,; L27 , i • y y t I t , I H ,b'= w. _, ,._�`f r ' }. t t r t r 4 } r t '• t r t .. c SEE:DETAIL I' '� -I, , VARIES y i t s t i t s s 011 i ,5-"`+� ' ' __„, �� '._r_� PROPOSED 50" PROPOSED a-_-` TEMPORARY A -"`.� _ TO' PUBLIC } G4Ns RucnpN UTILITY ESMT: LEELYNN INC & sMT. _ 54' i 5 ' \ WILEY MT INC RjW LEELYNN INC& R/v WILEY MT INC . - C. 191318-21003 191318-31539 PARCEL NO. OWNERSHIP :EXIS11NC AREA AREA TO.BE ACQUIRED REMAINING AREA UTIL, EASEMENT AREA CCN5T...EASEMENT AREA NOTES 1 91 31 8-24001 LEELYNN INC & SNLEY MT INC 54,529t* 4,i 77t SF 46,352t SF 1,475f. SF 7,373:ESF 191318-31539 LEELYNN. INC & WILEY MT INC 165,528t> 93± Sr 165,435t SF 3763.SF.. 4;195t SF 191318-21003 LEELYNN INC & WILEY. MT INC 3;268,760±* 77,796 SF.:. 3,210;984t SF 14,5674.SF 70,201± SE:. " AREA S'ER YAKtMA COUNTY AS5ES50R'S OFFICE CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH LINE BEARING LENGTH C27 k'20'27 650.00 71.93 5 64'27'31" W 7i,94> '.Li5 N 54°31'SQ" E 28.87 DETAIL - N.T.S. t. G28 945'24" 449146 76,55: N 66`iQ'02" E 76.48 C16 N 04"08'31" W 6.72 C29 17'4199 365.50 lO8.e6 N 631D2'34" E 108.45 L27 S 71133'09" W 19.66 (?9 44 N C30 13'4554" 1144:00 25t,47 S 61'04'47" W 250.92 L26 N 18'28'14" W 7182 1,,; w , I • 't i.. L27 C46 018'24n 44950 3197 N 71'17'57" E 3.97. L29 N 89°49'15" E 24:89 S I 28 e � !- J C46 �^~`„• s UPDATED RAM PER CC NER A`bUT -r t to JOB NU�i6E DAM �✓' I S $J� I :$`S Iit�'I"O 28n8 Rivet Woo UPPATCD P/W PER'LOC NER LAYOUT 1I 3 i6 ti 482 '0-28_}5 N" A Yamma,WA 98902 .NA:.UPDATES LPN (PC•?+ i' '4-I$ IL NI#.S5 $099667000 ORA7%NC. 5heetaROw 6w9 Fax 504965 WO PLAN ,reEz owl BRAVO COMPANY BOULEVARD r+ Engineering and Land Surveying,ID wAATIAFcIvn aom ussicNEo BY Mr Ncxs.an . ewT64ee ev as. . RIGHT OF WAY PLANS 14 DATE -. r is - c riy \ r5L 4:.,,r`'j", �t "�.r PUBLIC UTILITY ESMT. __� --'--_ --_. - - LEELYNN INC & PROPGSE' 5s 50 w ..- -- 109 RJW ---.. - -7- w r WILEYMTINC r N � 44.aTi . '?t'1•`3�[9M5 -'�-- s + -r-I N 38 4 8 W i -4 }. 8139$-12001 T O44 4 ._ PROPOSED .e 1175 RJW t d i + ` h° v ' r L NE BEARING LENGTH PROPOSED 50' TEMPORARY F-•- - * C "' 7 t p CONSTRUCTION rrf-.._---_. �. t �Y�f ,- T'�'""r1-177T n "t L10 N 37'49'S3" E 4.03 ESMT. III ti� L11 S 05-25`43' W 10.15 •r . t - 70 fl• 44.11t - L12 N 3O'S8`76" E 4.50 7 �y�_s L73 N 20'01'37" W 3,11 YVINT 0 r_ "z " _g a LI4 8 88`LB'03" W 22.t'I k � v fps rt z` 52 fl __ 4. -St'✓Jff• -' L26 N 78Y19'70" W 3.84 _ti PRCPOSEO 50" i.>-^' TEMPORARY h ",1 58 50 ` PROP fl 0 CONSTRUCTION 10' PUBLIC ESML UTILITY ES'MT. t t ] {{ S .F 1 t i VI, ;t t '` / H . ' it/ r <T {{ ` >r" , ` Tt CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH / r t L , , �.# (sr i i 1 _ t - LEELYNN INC& C15 19`24'19" 542.50 183.74 N 48'27'S7" W 182.8E rr' Jt s k -- tt WILEY MT INC r-- C16 10"24'40" 538.50 97.85 N 63`22'27" W 97.72 '' ttt } 6 x '' ` r rat 19131$-1 QQ1 ) C17 10100'25" 5000 8.73 N 73'3459" W 8,72 t + C18 38'20'54° 97.00 64.92 S 8214'27" W 63.72 t Cl9 72'22'34" 107.50 135.79 S 80'44'49" E 126.94 et fr4 ill-jt 04' t x t >tfi ��„`r 020 60"40'25" 74.50 78.89 N 74'53'44" W 75.2E t Cr _ tit* f rf ♦s _, C21 18'11'OO" 182.50 57.92 S 85'27'34" W 57.68 -DE ` - `r ! .Yr C22 87'07'21` 66,50 701.72 N 4859'23" E 91.65 'NS` tt y .a` - r - 5 3t ' t tY" - C23 72'38'044 90.00 114.09 S 30'53'19" E 106.61 ('s" C24 3'57'14" 200.90 13.80 S 69'10'58° E 13.80 &, .4a� fti_- u ~' k . if '4 tt rk C25 12'07'51" 656.00 138,89 N 65"05'40" W 138.83 4' 1 .,_ SOS}7HN7EST CORNER OF t.__ C28 20'15'56" 651.50 230.44 N 48'53'46" W 229.24 `t r _ o; �.._r PA/ "C" C45 313 06 649 50 36.48 S 891417 W 38.48 of jJ i PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA U11L. EASEMENT AREA CONST. EASEMENT AREA NOTES Sfi r 1 91 31 8-21 003 LEELYNN INC & WILEY MT INC t SEE SHEET 5 4 45t, --1 w. ,J ,- --1 rP 191318-12001 LEELYNN INC & WILEY MT INC 2445023±* SF 11624E SF PHASE I 4 99± ,7 3t PHASE 1 10637A SF PHASE 1 S4760-4 --SOUTHEAST / 191318-12001 LEELYNN INC & WILEY MT INC 2433,399t* SF 191,4973SF PHASE 2 2,241 902E SF 14868E SF PHASE 2' 81767E SF PHASE 2 0 CORNER PARCEL "0" firAREA PER YAKIMA COUNTY ASSESSOR'S OFFICE JCO§TIDE RJW PEP LOCHNER LATOUT ii-t-'6 Joe NUWiERI EA,E: :1�"�"'�"` }. 2803 Rim Rod t;POATfit} RJW PER LOCNNER,LA-root tt-?,.t5 Ti0E2 Io- -�6 1� �fi 1t 'h t�/l ' -' '��y■■i ■(■i�ir.ij�j�ji. Ysktme,WA 98992 FINAL u?bAYES (PHi JPa27 i,i-14-t6 EI,.E NAVES t T /'l 'Y!{1 5O9.96tS.7QW CRAK4NG: Snesis4OW.darg Fax 5999653866 PLAN RR BRAVO COMPANY BOULEVARD G Engineering and Land Surveying,Inc. www.blechil.aom ( cESiONEO BY 'Mr f REVISION Dare ENTEREos n.na RIGHT OF WAY PLANS 14 81 City of Yakima Bravo Company Black — Right of Way hlLA Project 11062 November 10, 2016 Parcel ns ::.1'91316 1003 That part of the hereinafter described Parcel 'D", described as follows_ Commencing at the Southeast corner of said Parcel `V; 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 68243'03"West 22.11 feet; Thence South 67'37'44" West 31210 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 6120'27r an arc length of71.93 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 0'4529"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"62.95 feet. 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 1710119" 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 of251.47 feet; Thence North 67°37'44" East 212.05 feet to the point of curvature of a curve Gonave to the Southeast and having a radius of 849.50 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 tine of said Parcel "D"; Thence South O'17'05" East along said East fine 121.07 feet to the Point of Beginning. Situate in Yakima County, Washington. 82 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 112 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 114 of the Northwest 1/4 of Section 19, 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 14; 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 4fh 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 tine 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 aline 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 tying 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;.. 83 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°15100" 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 114 of the Southwest 1f4 of Section7, 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: 84 City of Yakima-Bravo Company Blvd.—Right of Way HLA Project 11062 November 14, 2016 Parcel no4,l131521Q03.— f10' 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 tine 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 tine; 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 or449.46 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 " 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;I 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 36650 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'Q6"'36.48 feet; Thence North 19°09'10'West 3.84 feet; 85 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 114 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 114 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 tying in said North 112 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.: 86 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" East145.77 feet; thence North 21°23'00" East 186.27 feet; thence North 52°48M0" East 109.07 feet; thence South 32"34'00" East 520.00 feet; thence South 35'45'00' East 194.00 feet; thence South 71115'00"West 178.00 feet; thence North 88°00'00" West 127.00 feet thence North 68115'00 West 116.00 feet; thence North 88200'00"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 114 of said Section 7 thence South 8823126" East along the South line of said Section 7, 1,833.07 feet to the point of beginning; thence North 75250'00' East 156.31 feet; thence North 0230'00" 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, EW.M., and the terminus of the herein described line. 87 City of Yakima Bravo Company Blvd.— Right of Way HLA Project 11062 November 14, 2016 Parcel a 't61 .' p.lQ9 —(50' Temporary Construction Easement) That part of the hereinafter described Parcel 'p', 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 "6"; 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°17117" 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 45 29''an arc length of 76.55 feet to the South line of said Parcel to 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 frosts.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, 88 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 114 of the Northwest 114 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 81"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 114 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°11150" 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;, 89 thence South 88'131',26" East along the South fine of said Section 7, 1,833.07 feet to the point of beginning thence North 76150'001 East 156.31 feet; thence North 0130100" East 145.77 feet;; thence North 21'23'00" East 186.27 feet; thence North 52'48100" East 109.07 feet; thence South 32834100" East 520.00 feet; thence South 35°4500" East 194.00 feet; thence South 711 5'00"West 178.00 feet; thence North 88800'00"'Nest 127.00 feet thence North 68°15'00 West 116,00 feet; thence North 88100100" West 298.48 feet; thence North 00°00'00" East 174.80 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 beginnings thence North 76°50100' East 156.31 feet; thence North O'30100' East 145,77 feet; thence North 21123'00' East 186.27 feet; thence North 52°48'00" East 109.07 feet; thence North 23°53'100' West 198.90 feet to the true point of beginning of the herein described line; thence South 231531100' 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, EW.M„ and the terminus of the herein described line: 90 1 M bacc.„ 1 NMT le 1 _ NE 1111,DEC 16, . ,„ is 1A3A . t,121‘1, III,9i7,,,, 141 1 , „.v , 111136 „ 11126,„ 16 N. 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INTERSECTION OF THE -. 30\ ase ' 6 v migillk 1 2 2 T CENTER UNE OF D 111.; STREET AND ME EAST 0 DENOTES SURVEY , ir.....--tgics' be 1. \ _ 3 UNE OF BLOCK 186 OF1_2 MONUMENT FOUND 13 AO, v -THE COLLEGE ADOITION 2.6 SI• ,, 13, .234, a -0 A , '\A 625 k TO NORTH YAKIMA \ I ' IA Ir. ' 1 J- _,- 660 116 11,3F IR -1 100,31- -1 NTT 1611, REF, 111, TA\ , * '' N ' ! 1-1,61131 11012111 IF RA T61111,„ 11,11116,,MEM , S\ = v, v , i v 1 Iss v\it-- ' ‘ / -----FAIR AVE, M I .taG044 \ : ( 24/- sou uittMEO R,P1/ PLR POCHNER 'Amu/4:1,4-1B sot KELPIER DL17_, p, _ LPPATED 0/A' PER LOCHLIF,R LAYOUT ,P-,..3-;e ,Ii364 Np72,,...zn ,,, 2803 River Road CITY OF YAKIIkAA 2 A 2=2101no,07E98902 =NA uPrATE Pa.„1„ 12; 1- SAO cd, fdvss 8130w dd 509E66.1000 FLAN 11052 dwg BRAVO COMPANY BOULEVARD 0- Fax 509.9453800 9 I kik‘‘k A:':164i \\\''‘' .1 Engineering and land Sureyiv Ine. ,71601,66606 -- DE5.011,11,1 Pt" IDP ENTERED 5Y Ad-REVKSKIN LIME RIGHT OF WAY PLANS 14 LEELYNN INC & 91 WILEY MT NC r , "Kt 4.1.49.4t- �, . 9 r� ��i�. t�, 4.13 "sflki,r t's. -'`�'r) V`VI'J"""ih�'�1 . (: WI 1S1'8-. 001 LEELYNN INC& / . WILEY MT INC iA,a s. ryA-Ama / ( 191318-21003 ) PROPOSED 50' 54,50' I TEMPORARY / 1 CONSTRUCTION PROPOSED ESMT. >- 109' R/W .e_ I ' 1 PROPQ$EO : ..T-. 1.v--r i____ t r 4 : 7_ ^ y '. t �"` •— 0' PUBLIC --_f— T y s 4 i t y t t ' , dl It l 'i ii yt ty tt t s t tt ' • t UTILITY ESM7 r--`. t { , I i ; t t s t t , 1 i I t 4 s t i -..-r' t y . , ty t i y t t t , i t _i ; t 4 I 'y i t _A t c , s i. ,u ' ^Sv( .. , l.,>. A , 4� 'T x-s ,. A S, 's'"t Y z' t .y 4 87 37 44 -e r + w ^�;,��, "^,,. , i y y s t.: � , K ,t LL_ t t' > . Lt .1 ' l T'v t v i t , �`w t . :� �'.. � f<A 1� � � , � vyV n t `, �� t� � 1 V ° , \ \ a i ti ¢;z. 't• �" �� a +� � '" + \-� k \ � At a S°d �*�- �''-L''-- �vi� �° `�- t'�` � �. _ \'.-�-4 �= -�-� �.t �' •r � t 6' a.. h:7 w- A, ti.w 17 A,. ra_� T.Y { t t -i C4 '.. y VARIES, • y s y t t t L t t g SEE DETAIL i - � � 1 to • y I : i :... \ s..�._= --E � PROPOSED 501 .PROPOSED. I.. T.•.- TEMPORARY 10' PUBLIC I ` 5 CONSTRUCTION UTILITYESMT: LEELYNN INC 5 ' C & WILEY MT INC afW LEELYNN IhIG & — R t W ILEY MT INC '{ C 191318-21003 ( 191318-31539 PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA U11L. EASEMENT AREA CONST. EASEMENT AREA NOTES 1 91 31 8-24001 LEELYNN INC & WILEY MT INC 50,529±* 4,177± SF 46,352s SF 1.475± SF 7,373± SF 191 31 8-31 53 9 LEELYNN INC & W1LEY MT NC 765,526±4 93± SF 165,435± SF 376± SF 4,195± SF 191318-21003 LEELYNN INC & WILEY MT INC 3,288,780±* 77,796± SF 3.210,984± SF 14,567± SF 70,201± SF * AREA PER YAKIMA COUNTY ASSESSORS OFFICE -CURVE DELTA RADIUS LENGTH CHORD DIRECTION.. CHORD LENGTH LINE- BEARING LENGTH C27 5'2027" 650.00 71,93 S 64'27'31" W 71.90 '.LUS N 54'31'50" E 28.87 _. _. DETAIL • M.I.6., C28 9'45'29' 449,46 76.55 N 66'10'0.e E 76.46. 1116 N 00'08'31" W 6.77 % 029 17'01'197 386..50 108.88 N 63'09'30" E 108.48 L27 S 71'33'09" W 19;66 429 , N C30 13'0554` 1140.Q0 257.47 S 67 04'47" W : 250.92: L28 N 18'28'14" W 7.62 I-: M' t i .o ,.. L27 046 O'30'24's 449.50 3,97 N 71'17'57" E 3.97' (29 N 89'49'15" E 24:89 S 1. .,� swr C46 •,,,\U OA F1 R/A P`R CORNER ..A'GUT t i }6 Me NUMB E., DATE. CITY �yy}Ay OF I }"i I1�y}� V1 SHEET y }.Qt7,i RrvaE Roastit OATCO R1.Y PER LOCHNER AYOUT 11 Y 16 NO 2 •0 28-16A i Yam,WA9002 hA UPDATES CPY ,nN27 1 A Y... 41 NAh,£$. 5 500647000 DRAWING 'aheeiEROrvtlwy Fax 549§65.56W 'PAN 11062.dw41 °" BRAVO COMPANY BOULEVARD-.. Engineering and Land Surveying,Inc. wwasbbanvitcom DESIGNED gam. 16r RENSION SAT! 'ENT✓tEa ST ANRIGHT OF WAY PLANS 14 92 City of Yakima Bravo Company Blvd, — Right of Way HLA Project 11062 November 10, 2016 Parcetroo4191318.240Q1 That part of the hereinafter described Parcel "E", described as follows;. Beginning 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; Thence North 71"33"09 East 147.46 feet to the East line of said Parcel "E"; Thence South 0°08`31' East along said East line 52.95'feet to the South line of said Parcel'"E"; Thence South 89°4915°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 fellows: 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. 93 City of Yakima Bravo Company Blvd. —Right of Way HLA Project 11062:. November 14, 2016 Parcel no, 1 01 318-24ti01 —f101 Public Utility Easement), 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 7"' Street, if any, which would attach by operation of taw: 94 City of Yakima Bravo Company Blvd. — Right of Way t9LA Project 11062 November 14, 2016 Parcel ntt:191318-24001 —t50'Temporary Construction Easement) That part of the hereinafter described Parcel "E', being a strip of land 50.00 feet in width the Southerly fine described as follows: Commencing at the Southwest corner of said Parcel 'Er; 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: 95 I\ --1 3,141/ 1/4 02E.le, 2.1324, 441.31 NE lel, 4E22 ka, •... 11,1 3N- 21.1 20 EN at +L. ...,, \ I 1 . , rzirfr , N w . E ( 101310-21003 ) I Phase .- z ANS' RaillAl *4 ItDvo -4„ ptitk,,,,i 191318-2400i j , ,,ez . ..,- I .. A -. ',„ ( 191318-12001 1, i tfrli s Lc-S„..S.:„„ie - tol no oco s. ,,,,3 I ,I E ' ',..04---,,-44: 14201 4.0W04044/e#1. '!,2 1/4" .a,p,40°14,E0.14„, .4"',... it; s:7't.0. ' 1/4.*ro, . rstaf seat'saott‘P•5 A , cil \':. imp-11:'''."X‘C.fr.164 ' —\ y-- ...X LAIVIS IILK*11\116FLILKLIF\II E 11;1! .. \ — 1 r--sk . - ' - . ifre 1 voLs'- ' kt,:*.... -4, ",":-• g‘.:.. , \ ,‘.‘4 k D3 ' ..'4\i'r''''A\ ( 19131842001 )41414.4;40,f1.14k.2044494EW,204g,9 44,..,1.,144:4" tb4,'4.,f/i,.t. \ , , 9-4• \ , 0 to ------ %. ' ' - \-------- 1:11;•111k8 k‘ 19131841001_) 1 1/4/4 1111/44.0. et A II t ---<941-7- ILE,. KVILL\L i -1,L jat r 1 \I • Itty m‘EN,KA K ' I ‘,...%•‘<‘s, ,=„.\\,,,,,,,,„, ..r.,,,„...= 1.........- , 4:,—,, - * ___,,........- --- CP, tl, - ---,' 1 I Cr'',.,-<, 61:. %_.. IINTERSECTION OF THE J „ie r • AN 06 T'"•‘ CENTER UNE OF D -.LI \Ala.% E.--M RR-% 1 STREET AND THE EAST ML\ ...F--I \ T-1 -LINE OF BLOCK ISS Or --- 8 DENOTES SURVEY .; BO r MONUMENT FOUND I el` rm-: -16-* LE\i,..\\\ _____ .1., Li THE COLLEGE ADDITION 4 GI.' L ; —I t 1 '-: ' TO NORTH YAKIMA. '11) EP I - \;., ; \ \ I ANN 121, 2E41 id, fp -8\ . --Th , r.1R1q., Rs virt:,,Wilt C.1V1141,,„ IR,I9E, ,V.:=1:igl= . r _ ------"---FAIR AVE „\je , ,.... -- ,\ / „- co- 7 loo. SHE' oUpPP0A/TETEN0DAk;;;popPAEERisEsLL00(04CpIIHNNI/LE.oaRtitli..):00uUTT );:_;4-7..,";;:e. JOB 076:2::RmAami clpc1:2:_sm 2 28.01RiverRoad CITY OF YAKIMA A vAkm,ve=k9R902 DRAWING. Shyet. 0 wg PAN e wq Cl. 509S66,7000 No 509.90.3800 DESIGNED 8, Tor - 1 f° 78 BRAVORIGCHOT MOPFAWNAYYBPOLUALNESVAR D ..: 14 Enginuring and Lcind Surveying,Inc, www,Narrt.COM REVSION ')ATE Etrtgr° EY A4° LEELYNN INC & 96 WILEY MT INC r',, ,F- =/,4.4= iii\I Witll ii/441 1 if(4 cii; c.74 ei,:`g3't ID. ,,Ii, P„.. '‘b;:jitittl ( 191318-24001 ) LEELYNN INC & / r % r ., ,, , WILEY MT INC Kitt 741n6Ala x ' ( 19131B-21003 ) PROPOSED 50 54.50' i . , ' ,, TEMPORARY / , \ CONSTRUCTION PROPOSED i . 109' R/W T.-1- . ESMT.- , ' _,..---i.--c-r--T-7----77 1. - : / PROPOSED -.--f-----r-T il 1 . ; t t ' ',,,1 „ ; 1, 1 ; 1 , 11 . , 1 i ' t , : , .,,„ ' IQ' PUBLIC --f"."--- 1 il ; ' ; 1 ; 1 ; 1 \ t, 1 1 ; tt 1 = 1 . 11 I ; ' 1 t ; ji 146 / ; . "... ; W . UTILITY ESMT. --Tr---1-7 tt 1 tt tt t tt , i IL:tj , ---r-T 1 1 1 't s s 1 • s • i , i _.L. s_1=7.. _. 717 1 =1,77,..s.....,_ 7 , =7,..7,74,, ...—== = urn , 1 , ti it II 1 ---H-i-L-TL*LiFITID,T7(T:ICA\ tic< itC17-rr344774;t4 65137444 i',..,7:-...-V"\.,„, , C-7-- -r-i u) Ilr I , : -1-7.-7 r---,-7- c°7- 4 1 i t ,, 1 1 't , 1 1, 1 ,„I212,05 \ ,u,..lc 4 1 , '39.05r 4 1 14 1 .: I , 3 1 1 . 1 4 VARIES H 1 -U>#7‘...' , --"1/2 s ' AuS.-\,-Au-rt\-\:: '. \ \\(‘ ‘ \ ; 4 i 1 , 1 4 y 4 \ i y ' ;„'t , 1 ', 1 4 ', 1,,,,i,--,, ,,72K . , - „, u...\-:1/4--C,-7\,, k.„ ..\. :„„.u: \ tiSC ‘,..\: 7C\-STC,:\Trt% k‘\\ \ \ \ \ .14, at 237 t4tTTIPiD 7 TT Pt\ ' 7:1,1 tt,iii 71,-,i\\\\ii''IL -UIIIII :2\, CIi \\i \\\\ \itt\ %'7 A., \\ \ \ \\\L\\ 7c. \\\I L-Iiic-\\ --iiIi\i\ T, ileweiso -L 7".• i " II) ``)T, ' 7 \ 7 \t-\\\Li-Aiii Lir,,, ' ' \Li " \T Ii \ \ \ \ 'it \ \ \ \ \ \,. t \ ii 7uLi\ ‘i. \ 1: \-\t‘t.II7'2\u\U"\\i:ivi\iiI4\L:\II‘-t7A-"iIi2Ii----N-C 7\IIH\-:1.-\iS'-'742"i 4\iSiiiii\ .., \ti,-—. ii, Al \ \ \ 7i, t \ 4....uoukDO",DERTDT---TC7TJ'er---D:uotac-\ -R-O E ' RA" '''"U'VD:Rut V\T"'\ ' TOD'I'•,, i , "tr CaTiT 7- ORD±DATTDRTDDUT< '"7 , ' "A \ . ru--"U'r ',-.'" UIC2" I i•-7:7..444.2.\ \ii\\, \:7 .`87\77•7[7,7 *„ti, — — il L i it o"" PP.: Ur' " ',TT: "TRit'RE' ' 7 tt , 11 t , it ti s " , , , t tt • t tt tt " I , , , t t t x - it t t 11 11 -fl.. 1 t ' 1 14 ' ' ; i 1 1 • 1 ; i; ; t J,2__ 1____L____________ L ...1 1 xx = ...i ' • ; SEE DETAIL tz.1 '' ''`.-----, ' 1 . i 1 , ; r---4,.' ' i__--t----- ( . ' + ,Th.,,,...&, '. __.-,-----`- . ' , 54.50' I '12.,:.,„_,J,, Li_„,„, ___ -----,-"' PROPOSED 50' PROPOSED I! - .-- TEMPORARY 10' PUE3LIC I f-., ..."--u.,,, _ m, { 'UTILITY ESMT. LEELYNN INC & NJ'l -. -....,,_ ,,,,, ----,...,,,,,,, ECOsmNTSTRUCSON , „„ WILEY MT INC — 50' R/W u" LEELYNN INC & i WILEY MT INC - L., (ti9.131 B-Bi 539 ) PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA UTIL EASEMENT AREA,CONST, EASEMENT AREA NOTES 191316-24001 LEELYNN INC & WILEY MT INC 50,529±* 4,177th SF 46,352+ SF 1,475± SF 7,373± SF 191318-31539 LEELYNN INC & WILEY MT INC 165,528±* 93± SF 165,435+ SF 376+ SF 4,195± SF 191316-21003 LEELYNN INC & WILEY MT INC 3,288,780±* 77,796+ SF 3,210,984+ SF 14,567± SF 70,201+ SF * AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH LINE BEARING LENGTH C27 6,2027`. 650.00 71.93 S 642731* W 71.90 L15 N 54'31'50" E 28.87 DETAIL - N.T.S. C26 9'4529 449,46 76,55 N 6610.00 E 76.46 us N 0008'31" W 6.72 C29 17'0119" 366.50 108.88 N 63'0230" E 198.48 L27 S 71'33.09” W 1966 ailibbl2g: tv he " a 0 IS OD C30 1305'54" 1100.00 251.47 5 61-04*474 W 250,92 Lis N 182814" W 7.82 I-; to L27 , - C46 Cr30'24" 449.50 197 N 7117'57'. E 3.97 L29 N 8 -A9'49'15" E 24.89 I ., ---..„„ ,re C46 .,, t-- -.. ..„, UPDATED RAY PER LoutoEY LAtOUT 7 11-1-15 ROE NUMBER: DATE .DIATET 2803 River Road JJPDA.TU RAT PER LOCHNEP LAYOR1 11-3-15 ne8.2 In°28`16. CITY OF YAKIMA HLA Yakima,WA 98902 Fax 509.965,3800 FINAL UPDATES (PHI/PH2) V-14-TO ERE NAMES: bRAD1"4: ShuotTRO*Doto PLAID 11062dwo BRAVO COMPANY BOULEVARD 5 509.9663000 cf, - DDV I Engineering and land Surveying,Inc, wmv.hkeivii.com ENE W TOE 14 ART OEVSS— DATE ENTEREDr"ED BY: RIGHT OF WAY PLANS 97 City of Yakima Bravo Company Blvd., — Right of Way HLA Project 11062 November 10, 2016 Parcel no. 1 913181539 That part of the hereinafter described Parcel 'F, described as follows: Beginning at the Northwest corner of said Parcel "F" Thence North 89°49515" East along the North line of said Parcel"F" 24 89 feet; Thence South 71°33'O9"West 19.66 feet to the West tine of said Parcel "F" Thence North 18°28'14" West along said West tine 7.82 feet to the Point of Beginning, Situate hi 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: 98 City of Yakima Bravo Company Blvd.— Right of Way fiLA Project 11062 November 14, 2016 Parcel no. $91318-31539—(l 0' 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'1 Thence South 18128141 East along the West line of said Parcel"F" 7.82 feet to the Point of Beginning: Thence North 71'3309" East 19,66 feet to the North line of said ParcellF1 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 'N of Plats, Page 43, records of Yakima County, Washington. Together with that portion of vacated streets and alleys, if any, accruing thereof. 99 City of Yakima Bravo Company Blvd. —Right of Way HLA Project 11062 November 14, 2016 Parcel nQ.191 31 841539—(50' Temporary Construction Easement' That part of the hereinafter described Parcel "F", being a stop of land 50.00 feet in width the Northerly line described as follows- Beginning at the Northwest corner of said Parcel "F"t Thence South 1B°2814' East Song the West line of said Parcel 'IF"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. 100 EXHIBIT D PLYWOOD PLANT ROW PROPERTY, PLYWOOD PLANT PROPERTY UTILITY EASEMENT AREA, AND PLYWOOD PLANT PROPERTY TEMPORARY CONSTRUCTION EASEMENT AREA LEGAL DESCRIPTIONS a 5h 101 NovVIS j 5` (a ' zqx 1. NE .l N1 p NA rw �I�a 1113111 NT111 , +1St to r NT, i9, 73Et *NH. �' \ AN N ( 19131& 21003 n it Phase t IN E :.: ,. 4. 191318-24001 ) ( 191318-12001 ) _ I I net `-§ L c 'a 4 �µoXPp�iF>� 1 � -- 191318143\1530 PlAC'S � J , C�, ., 5 {f 14 4... 11 Y� 4 ' t S qt 0 � itilii;littz t K ,-.. aY" ' t' gg4-' z .i ,raR to 3 :\°o ` ( 191318-42001 ) SA tig' ve �jii Nf� ❑pet k ,..Sa..,.A>. 1� G7 1` ,9 t -A �y -r .- r. 7 RAN Y " Fhasei I 4 tv t >t 1 m a t ytw 191313 41001 1' f � :� Illi „ e S'1' o„m_ INTERSECTION or TPIE i Nt �$ 44$}6 S CENTER LINE OF D" I. m DENOTES SURVEY: \ .' C1 STREET AND THE EAST MONUMENT FOUND .t 1ti'Sb t , LINE OF BLOCK i86 DF t-- m.. t,,;t .,-THE COLLEGE ADDITION"E"- Ak Ili �y� iiii , TO NORTH YAKIMA t. -a yRr (t1't FJ`eC i'�9 } AA 1 \ I ivi. r All rk 1''s, r s G�i VIM .A tit --'s` r Ci',. >} .x r$,.1 ,f.,i 1s,1'}si„ I. ,421t!-,. rE.1 Yv.IU.; l FAIR AVE t 1sS \ 1 f tG JOB ILA -N IS CITY OF SILT UP ArE R(w 7ltt LOGH}pR LAYS .,, __ .__-__1E 2803 kima,WAvEr 98 d UPDATED R!w °RR LO,.4NER LAY4NIT ii 4 16 Fl.srats5 2 AL Yakima,AT.4989n2 Flk}L La¢}'ES (RffIJP 3} ORA'MhG Srex'sROYttlwS 3sss auR PLA4 1°644E3 BRAVO COMPANY BOULEVARO A Engsneerrng and Land Surve ng,Ne. www.niaavii.con, ac'ERE D en .. o, 14 RENsrtFN uA�E EN TRES gv AJH RIGHT OF WAY PLANS' CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH 102 £ C3 t818'S7" 688.50 219.69 S 03150124" E 218.78 �� F 04 19'56'29" 575,50 200,30 S 00123158" W 199.29 07 2314'00" 688.50 27919 S 16'55'04" W 277.28 ' "1L C e HH Alta `�b,'4 T � . � , C8 29'30'37" 151.50 76,03 N 13'46'46" E 77.17 Ii "a i i v" +•41 ✓ �1 - „y 1: ",it1. C9 15'33'57" 575.54 158.35 S 18'09'11" W 155,87 C10 35103'38" 151.50 92.71 N 18'36'21" W 91.27 LEELYNN INC & r ,/ SEE SHEET 7 Fb rWILEY MT INC - / / `41' Fe c°.vnNUA77ON C71 17'52112" 151,50 47,25 N 44'5897' W 47,06 t 1 91 31 8-42001 ) rrr r/ //,, r iv, / - - '� _ F' C32 16'50`51" 245.50 72.19 N 48128'53" W 71.93 RS.C_€^- 7E3A43JN2b ,7// / /4*871 rt .. _Y - h1 %//� 4 fp/ — C33 20'46,4" 76.50 27.73 S 48'24'35" E 27,58 �fi >f�jt /`7, _r t J fi -/ "i C34 63'34'23" 26.50 29,40 N 89'25106" E 27.92 PROPOSED f47/ / rra` ICY ,. ," // tel r +r t C35 26'30'03" 76.50 35,38 N 44'22'53" E 35.07 PROPOSED 50' UTILTYBESMT. ,, �" /7TEMPORARY 1 N r Jt '` 4 f t 436 101'29'30" 71,50 126.65 S 2212'40" E 110,73 CONSTRUCTION r r f� f / /' r /'' s - -r t z -1 rY rf rT ESMT- "`rJ /f, / f,/ r ` C40 821Q9117" 71.50 102.52 S 69'36143" W 93,96 .-S/ 17 r 1 / a / ,� j r 7 7 r / • /;PRCPOS€6 r fi fi fi f r /1 ' 7' r ( r r/ C41 2`35'S5' S76.50 2EL70 S 2794'47" W 26A0 .-r / /113' R/W / J / / / / / / ' " . t x rf / / / / ,/ /// / fi ,I.„ r f L , ED., t / // / J/ //, ``i f':'.` V .... >r /,.r 1 f i. F /�r-."7 ",\ � "�. . \V` ../ a `', „aJ' ` 1.4+Xg,,,,4*, s- �`- N",-. .A , .ry,� -"I/ / / fiJ �'� A "S ` ... A `�. `> , ---A.;.`as+6�*, r"': -. ," roncxtt e t` _,aN s t ' PROPOS e . s. - � o.r ,f f r/ 56 50 .,y 1 >7� :: C 'r;""; .,,N,.\ ' N. 1 �`k.., '�` ...... 1 i ": - %/r ram-? \ _ ��� /` "s / Y r ,- R3�� A \� ., *" . �`" i L 41 �` " t _ " J flly 1& r j. ,_•,�.A / •r.#,,, _r - -�-• f /a- j/'- -f, ,7� �- ..._ g - 4 , / /7 //1/I 1 " ppt' w� wAt / / " / / iJ ' fi /- t Ni---'ty "PyIL 'a r ' 1 "1.4 . ! rjr"....' , . / ' .. f / s .. A - },,l y` f/ Elr " ., � : // / 4fi Jlfifir x 1 - / / t/ • ..,,/iy` f, f /--L' PROPOSED ",// . .,/;T 'r _.._� -fY' {t/ j� / f T � ' ,�?Idyl"; yY� /f"/ // .b�t5� / 1Q PUBLIC tfi/" ... V// y r' J UTILITY ESMT. 11 A " � t T r + - t f / '/„-r'r i f - ," IL t J_1J j e 1 LINE SEARING LENGTH x - „P// J /„—/-- PROPOSED 50' ; �� .� y r / 58 5aTEMPORARY 17,0.4. littS.2i9�8 BOISE CASCADE t / t "'s - GOA-I1a3UP L8 N 28132105" E 23.36 . {' f//� / t/ e ESMT.TRUCTION P.0.5. y4ROa58,4 CORP. r / / -% E3 a 4OR L17 N 26'32'05" E 6.29 ' �/ //J.` R,p. , E493403 f - E, SNE y ( 191318-41001 } L21 N 28'321O5" E 43,40 ,A'' PARCEL NO, OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED REMAINING AREA UT1L. EASEMENT AREA CONST. EASEMENT AREA NOTES 191318-41001 80ISE CASCADE CORP. SEE SHEET 3 191318-42001 LEELYNN INC & WILEY MT INC 517,493±* 47,590± SF 489,903± SF 8,9405 SF 43,6645 SF ' AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE UPOAMED REP/PER LOCHHER LAYOUT 11-1'6 .+02 NUMPnl DAL' SHIT i MD�� j Fax ROM UPDATED UP AT LtKHtiEF LAYUJT n-3-'i8 1iC:E ID-28'Tv" CITY OF YAKIMA 4.:. .iJ/{��.��i Yakima,WA 98402 DEAL UPDATES (ex:JaH2) n—f4-:B 8;L°heeUR /1 4 I 9RElWPtg; Shee4sROV+.tlwq S0.96E7A00 PLAN, 110 ewq F�sa9.966sena BRAVO COMPANY BOULEVARD w Engineer gandLandSurveying,Inc www.eacMLvom DESIGNED Sr Tor 14 REVISION DATE ENIfliED g/: kit{ RIGHT OF WAY PLANS CURVE DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH CURVE DELTA 1WADIUS LENGTH CHORD DIRECTION I CHORD LENGTH LINE BEARING LENGTH CS 29'30'37" 151.50 78.03 N 13'46'46" E 77.17 033 20'4614" 76.50 27.73 5 48'24'35" E 27.58 L8 N 28'32'057 E 23.36 C10 35103'38" 151.50 92.71 N 18'30'21" W 91.27 034 63'34'23" 26.50 29.40 N 89'25'067 E I 27.92 L9 5 40736'09" W 4,00 C11 17452327 151.50 47.25 N 44'58417" W 47.06 C35 26'30103" 76.50 35,38 N 44722'53" E 35.07 L17 N 2812'05" E 6.29 C12 4430'32 790.00 82.17 S 51439'07" E 62.15 C36 101'29'30" 71.50 126.65 5 2212'407 E 110.73 L21 N 2832'05" E 4140 C13 10438'037 786.00 145.88 5 44134'49' E 145.67 C40 B2'09'17" 71.50 102,52 S 59'36'43" W 93.96 L23 N 1E830'21" W 20.00 C14 2'40'297 677.00 31.60 S 4012'48' E 31.60 041 2'3855" 575.50 26.10 5 2714707" W 26.10 L24 S 71'334587 W 11.59 C31 1319'16" 677.00 157.40 S 4812'41" E 157.05 C44 1 49'03" 677.00 2t.47 5 39"47'05" E 21.47 125 N 71'35'58" E 3,90 C32 16'S0'51' 245.50 72.19 N 46426'53' W 71.93 POINT "G",n _ -li ;l7' LEELYNN INC& BOISE CASCADE - WILEY MT INC cON11NUAT1ON CORP. `1�A 4.8 �_ c GR ( 191318 41001 T tiG 191318-12001 ) sEE SHEET 14 F k �l ' L �� ' 1 / KO' RfW - • 1Y 'r iD .W, C36851:e 5650 PROPOSED t 1 1 ` S€E PAH , 1. G9 R - t-1 \ , T Y v o- m {}-.. ,{-'C r .'-- "'�_� 1 t �S x Ar k t x 1 t ` > v :. L �L3 _ l i ....r F 1 t 1 Hi i �t tt i l ,t_6F7 t Y �\ \ f 1 k r d( 'v, l Jyc 1 � E S dlat W 't �� 1 4 1 ' 4 ` `` 1 1 Y'�� vsi �38 45 4 W � 4& .T 1 1, -z l-', l ,Y, • d 1. �, l * 1. n rr , � l l , 1 � � k �, l � % 1 11 a 1i 1 � ' �l \ ' ,k�i 1 O8 64 f k 63 99 Q• 7-- 4 1- 1 4 1 \1t 1 t \ ' 1 1 { 1 y i POINT 14 _ -.-.. i r •'C 1 A\ t \ [[[""" , � 1 s i Y �� s c ` 1 ' P1 % t : 1 �1,\Y '. , t 4 P '`, \ 1 d+ 1 1 .-y"_ �� i ( ' S .e.'1 - - - f � 0a- , ,+g„H .,' 14 a _- '_` 3 F 1 ' v 1 i c 1, v ti tt A, ' .C, X ti y , ¢y M N { 1 �"k*ao N �'--- 11� [ t y t m 1-i r. ` " t f 1 -( 1 t xi 1 i ' sz a a ,'. . ` �'V �� 11 BOISE CASCADE CORP. 3B 45 48 E i 39 OS 1 � J 91318-4100 ) Y , w - i - S it6399 - 'N 384548 )Ny- 1 „C,3 ,,, i- ., v 1 1� b t -1 I1 DETAIL N.TS. �- "\ a f - S2,50 _ _ ' _ "" .--- �^i S_O Yt Xk 1 JI1 ,0 7 1 � ' 11 { _ �% C7 20' O•'OSFD PROPOSED 50^ `ti 1?yt 1 ;% t `` '` ' 4 y`" "r48 _- 54' RIW 3 Y1 8"80.8 -L TEMPORARY `x 5 / O x 8 A. 031683' CONST 1 UCITON LEELYNN INC & 1-+ , , y Y ficl it / n - ESMT. WILEY MT INC Y� _` + " ` " r t cot' L Qc m= of ( 191318-A2001 } % . 'D' 3 1 __ 11 ` £ 4 F �`' Sok 197318 ..QtGOp .. Y.� '.T };_, ..T 'r£ �^' vim.. I1°I. 1i o''' `�t .-: Ll" 'i+" "1 tt, ,, ftr 1yI S � 63,99' $ f 5 36'45 48 E C14 "..." C31 PARCEL NO. OWNERSHIP EXISTING AREA AREA TO BE ACQUIRED I REMAINING AREA LITIL. EASEMENT AREA CONST. EASEMENT AREA NOTES �" 191 31 8-1 2001 LEELYNN INC & WILEY MT INC SEE SHEET 6 191318-41001 LEELYNN INC & WILEY MT INC SEE SHEET 3 1 9131 8-42001 LEELYNN INC & WILEY MT INC SEE SHEET 4 tt'13r8µ BNSF RAILWAY 10,045± SF" 13,138t SF 42007 ' AREA PER YAKIMA COUNTY ASSESSOR'S OFFICE 'A INCLUDES ROADWAY AND UTILITY EASEMENT TT drDAYQQ RAW PER LOCHNER LAYOUT' ,1- -1 JOB NUMBER DATE �TY OF � � siw 2803 . � .f��l ax50River53800 UPDATED . P PEP (PAIR LAYDu' '1-d-0Bm WINO 0.8.4 8 Yakima,WA 98902 ANAL UPDATES (Phi IPH2) it-1^-i6 FILE NAMES: 7 DRAWNC. sbalt"ROwaw9 s9sss6.7c1oe PLAN+ 11O02.ow9 BRAVO COMPANY BOULEVARD o° Fax 509.96S.38DD Engineering and land$Iti1'eying,I9c. www.htecMLcom PENSION AA DESIGNED B£ IDE RIGHT OF WAY PLANS i4 ENTERED 8Y, 441 104 City of Yakima Bravo Company Blvd. w Right of Way HLA Project 11062 November 9, 2016 Parcel no, 191318-42001 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 Norths51'07'27"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 17°52'11"an arc length of47.25feetto 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 Song 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 Song 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 31.80 feet to the Easterly line of said Parcel '6"; Thence South 18°30'21" East along said Easterly line'234.76 feet to a point on a curve concave to the West; center of said curve beating 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; 105 Thence Southerly along said curve consuming a central angle of 15°33'57" an arc length of 156.35 feet to the Southerly tine 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 161.50 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°49'43"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°36'21"West along said East line 20,00 feet to the Point of Beginning. Parcel0B"' All that pad 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°2T 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. 106 City of Yakima Bravo Company Blvd. — Right of Way HLA Project 11062 November 14, 2016 Parcet no. 191316=42001 —{10` Public Utility Easement) 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 10'38'034 and arc length of145.88feet; 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 40'36'094 East 790:00 feet, Thence Southeasterly along said curve consuming a central angle of 4430'324.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 82'2627' 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 23414'00" an arc length of 27919 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 1000 feet in width the Westerly line described as follows: Commencing at the aforementioned Point"En; 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 1533'57" an arc length of 156.35 feet to the Easterly Tine 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"; 107 Thence South 71°33'58'West along the North tine thereof 11.89 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 67700 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" AU 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 Mayes 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 One of said Sway; Thence South 71°33' West along said railway right of way line 800 feet to the Point of Beginning. 108 City of Yakima Bravo Company Blvd. — Right of Way, HLA Protect 11062 November 14, 2016 Parcel no. 19131842001 —(50' Temporary Construction Easement} 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 786,00feet; 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 of4°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°2627" 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 The 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 5000 feet in width the Westerly tine 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 tine 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; 109 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 feel, 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 110 EXHIBIT E LANDFILL SITE AGREED ORDER 111 STATE OF WASHINGTON: DEPARTMENT OF ECOLOGY In the Matter of Remedial Action by: I AGREED ORDER City of Yakima: No. DE 1586I' :. RE: Interstate 82 Exit 33A Landfill Facility Site F SHD 1927 805 North 7th Street Yakirna, WA 989171 TO: City of Yakima: 129 North 2nd Street Yakima,\VA 98901 - TABLE OF CONTENTS [, [NTRODCCTION IL JURISDICTION ....:.:": ...... .'. ....:::.. .........2..... ILL PARTIES BOUND ::. .,;.. 5::.. .. .......2 IV. DFFINIT'IONS.. . .....-:.. . ....::.. .......:. ........:2:.. V. FIN'D[NGS C>PFAC I �:3 VI. FCOLOCIV Dk'PERMINAT1ONS , . ...„ .. . ..:...: .........5.... VII. WORK TO BErPERFORMED 6 B. Designates[Project Coordinators:;..:.:: ...12 B. Sampling,;Data Submittal,and Availability .. . . .:. 14 F Public Participation.._....: ,:.,...,:. .:. .... :. . .......15 G: Retentiox ofRecniis;..:... 16 H. Resolution ofDispates.::. ..... . . ...._16 Ji Arriendmeht of Clyder,;. <. 1 t? K: ..Endangerment ......:. ... .:.... .::.:.... .........19... L. Reservation of Rigrhts,,::.. 2tF EXHIBIT A SiteDiagxam EXHIBIT B Historical Data io be Submitted Electronically EXI-ItBI"I C Groundwater/Surface Water Ipteracttnn Memorandum Work Scope 112 Agreed Order No. 15861 Page 2 of 26 L INTRODUCTION rhe 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 anon 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 WS),and Draft Cleanup Action Plan @CAP/ for the site identified by Ecology as the "Intemtate 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. LI. JURISDICTION This Agreed Order is issued PaSsualn to the Model Taxies Control Act (MTEA), ROW 70.1 051/050(1) IIL PARTIES BOLA]) This Agreed (Met shall apply to and be binding upon the Parties to this Order, then SUCCeSSOSS 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 undeitake all actions required by the terms and conditions of this Ordw. No change in owneiship or corporate status shall alter the City's responsibility under this Order rhe City shall provide a copy of tins Ordei to all agents,contractors,and subcontraCCUIS retained to perform work matured by this Older.and shall Snare that all work undertaken by such agents,contractors,and subcontramois complies with this Order. ILL DEFINITIONS Unless othei.‘vise specified herein the definitions set forth in RCW 70.1051) and W'AC 173)340 shall control the meanings of The terms in tins Order. A. Site: 'Ihe 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). rhe Site is further defined as the area at the general location above where municipal solid waste has 113 Agreed Order No, 15861 Page 3 of 26 come to be located,or which is affected by a release or threatened mlease of hazardous substances . . . . tram such municipal solid waste, more specifically, the edges of the municipal solid Waste and any teachate impacted surrounding sods,the extent of any contaminated groundwater plume,and Vapor phase gas in the unsaturated/ones above the municipal solid waste. The Site constitutes a Facility under RCW 70.10511020(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 11, 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 Oilier and each of the exhibits to this Order. All exhibits are Integral and enforceable parts of this Order.The terms“Agreed Order-or-Ordel- shall include all exhibits to.this Order. V, FINDINGS OF FACT , licology znakes the following findings of fact. without any express or implied admissions ol such facts by the Cur A. Amon-ling to the results of a 2016 title search and a search of the Yakima County Assessor website, there are two primary pm eels comprising tin. Site, Yakima County Parcel Number I.91318/11001 coinposes 37 66 times and is owned by Gillet:Max 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 ts currently leased to Yakima Resources, I Yakima County Parcel Number 19131842001 comprises 11,88 acres and is owned bY LeeLvnn, Me, and Wiley Mt Inc. BNSF Railway Company owns a right-of- way touching these parcels, B. The primary propemes composing 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 he Cascade Lumber Company merged with Boise Payette Lumber Company in the late1950s to form Boise Cascade,Approximately 60 percent of the area of the lumber mill WM,OCCupted by large log 114 Agieed 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,lhe southernmost log pond was drained and a portion of this pond was used by the City of Yakima a a municipal landfill The landfill was used by the City of Yakima between 1963 and 1970.The Yakima County llcfflh Department reportedly closed the landfill in 1972 D, The landfill was never lined, and covered approximately 28 acres in area. The average depth of the landfill has been estimated at about 12 rem, with the deepest portion of the landfill located in the southeast cinnel measuring as much as 30 feet deep. Estimates of volumes of municipal solid waste range from 388,000 to 452,000 cubic yards fk Environmental investigations of the landfill parcels were conducted in: 1907, Yakima Health District Site Idmeard Assessment Sampling 199f1 Landau Associates Hydrologic Study 2008: Pammetrix Landfill Envinmmental Site Asessment Phase IT 2009: SLR Remedial Investigation 2010; SIR Additional Remedial Investigation 2012. SI,R Sod Vapor and Groundwater Sampling Report 2014: Landau Associates Soil and Groundwater Investigation Summary and Results 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;nnumsodiphenylairane,4,4kDDT;4,4YDDD,enciostilfard1, bis(2-ethythexyllphthalate; 3.3'-dichlombenzidine: arsenic; won: manganese: nitrate; PCB amelors;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. 115 Agreed Order No 15861 Page 5 of 26 CT, 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 in the Landfill Site in order to build roads across the Sim I City is currently seeking to obtain lands for rightssol-way for the East-West Corridor. which will connect Ferrate Lleights Drive with the west side of the Yakima River,crossing in part over and through the Landfill Site. Construction of loads is also anticipated to include a North-South street that\Mil connect to 1.1str Avenue near llith Street and intersect the 1,ast-West Corridor at'11'Street. VI ECOLOGY DETEIZMUNATIONS Ecology makes the following determinations, without any express or implied adini666436 of such deterininalions (and underlying facts)hy the City. A, 1 he City or Yakima is an"owner or operator,"or a person who"owned or operated" at the time of disposal at release, as defined in RCW 70,1051).020(22),of a-facility"as defined in RCW 70.10511,020(8), 13, Based upon all facts known to Ecology, a an:lease or "threatened telease" of "hazardous substance(s)" as defined in RCW 70 1051/02(k32) and RCW 70.1051).020(13), respectively.has occurred at the Site. C. Based Upon evidence Ecology deems credible, Ecology issued a potentially liable person (J1-1P) status letter to the City dated March 30, 2017, pursuant to RCW 70.10513.040 and V/AC 173-340.500 After providing notice and opportunity thr 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 P1,11 at the Site under RCW 70.10511.040 and notified k of this determination by letter dated May 5,2917. D. Pursuant to RCW 70.105D 030(1) and .0500). Ecology may requite 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 rats„ bcology believes the remedial actions required by this Ordet ale in the public interest 116 Agreed Order No. 15861 Page 6 of 26 VII. WORK TO BE PERFORMED Based an•the Findings of Fact and Ecology Dmenninations,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 aD these actions be conducted in accordance with WAC 173-340 unless otherwise specifically provided for herein: A. Submisalon of flistorical Data: Within 30 days of the effective date of this Order, the City shall submit the historical data identified in Exhibit B to this Order, tn accordance with the requitentents of Section Vill t of this Order B. 1.) dined Concegual Site Model: For the puipoce of updating information for the Feasibility Study, the City shall provide to Ecology an I"pdatcd Conceptual She Model (Updated CSM1 within 60 days of the latest.or the following events: (1) Ecology's approval of a technical memorandum addressing groundwatergau lace water interaction (CIWISW Interaction Memorandum),as further described below;(2)submission of the Yakima Mill Site Draft Remedial Investigation Report under Section VIM: of Agreed Order No. DE13959; and (3) Ecology's approval.of the Interim Action Report required under Section Vil.E.6 of this Order,tithe City has begun proceeding with any interim actions pursuant to Section 1,11.E of this Order prior to completion of the pmeding two events. The Updated CSM shall inemporate iesults and data generated horn the OW/SW Interaction Memorandum, the Yakima Mill Site Remedial Investigation, and interim actions Of any) with the previous Remedial Investigation writ k to provide inthrmation to determine the nature and extent of contamination that has resulted lium the release(s) of hazardous substances at the Site in all affected or potentially affected media (soil. inteistitial air in soil, air, groundwater, drinking watet, and/or sin face water if applicable). ftc Updated CSM shah fully delineate the nature and extent of contatnination in all affected and potentially affected media it the Site as requited by WAC 173-34th-350. Ecology reserves the discretion to require the collection of further data after the CSM is updated; however no requirement to collect such hardier data is within the current scope of this Order. 1. •Process for Approving,GW/SW Interaction Memorandum: 117 Agreed Order No. 15861 Page 7 of 26 a Ecology has identithzd the need in conjunction with development of the Feasibility Study to flu d= define contaminated groundwatei interaction with the surface water of the Yakima RiVa dowagradient of the known area Of municipal solid waste at the Site, I he requirements for this OW/SW Interaction Memorandum an: outlined in Exhibit C attached. 1 Within 90 days of the effective date, the City will provide the OW/SW Interaction Memorandum. 2. Ecology endeavor to mview and provide comments on the OW/SW Interaction Memorandum withal 60days of the submission 3. Within 30 days of comments\ the City shall provide an updated ow/SW Inteimetion Memorandum to Ecology. 2. Process tot Approving the Updated CSM: a eulogy will endeavor to provide comments on the Updated CSM within 30 days Of reCelpi. b. Within 60 days of receipt of comments by Ecology on the Updated CS191. the City shall, as necessary, dellyer to Ecology a }Mal Updated CSM responsive to Ecology's comments and consistent with NITCA. Ecology will endeavor to respond on approval status within 30 days, C. Feasibility Study. The City shall provide Ecology with a Draft Feasibility Study (Thaft FS)within 90 days of approval of the Updated CSM. The Draft FS must comply with the mmtirements of VeAC I 73-340-350 and include the Updated CSM as an appendix. I. Ecology will endeavor to provide comments on the Draft FS within 30 days of receipt. 118 Agreed Order No. 1586/ Page 8 of 26 2 Within 60 days of ieceipt of comments from Ecology on the Draft FS, the City shall,as necessai y, submit to Ecology a Final IS responsive,ta Ihologyis comments and consistent with M ICA 3. Ecology will endeavor Miasmal('on approval status within 30 days. D. ihuft, Cletumn Action Plan: The City shall submit to ficology a drat) Cleanup Action Plan(dCAP) within 60 days of approval of the Final FS. 1. lteology will endeavor to provide comments on that/CAP within 30 days of receipt. 2, Within 60 days of receipt of commons horn Ecology on the(1(3AP.the City shall, as necessary, submit to Ecology a Final dCAP thsponsise to Ecology's comments and consistent:with MTCA E. interim Actions. The City may coin/ fate certain mad construction and related improvements at the Site prior to the completion of a final cleanup action 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 IleCtSSEry to reduce a threat to human health or the environment by eliminating or substantially ieducing 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, oi that is needed to maw ide for completion oi a site hazard assessment, RI/PS, or design of a CAP. To ensure that the City's road comarucition and related improvements are consistent with any final cleanup action at the Site,the City shall undertake any such construction and improvements that are Vsiitilin the Site or within the Yalcinia Mill Site as desci Merl in Agreed Order NA DP:13959,in compliance with the following conditions: 1, Within 90 days or the effective date of this Order,submit to Ecology a draft interim Action Wolk Plan satisfying the requirements of WAC I 73-340-430(7),including, but not limited to inclusion or a compliance monitoring plan, a health and safety plan !ASP),and a sampling and analysis plan,that integrates the elements ot an interim action (e.g., destruction or removal of source material) with the planned construction and 119 Agreed Order No. 15861 Page p col?26 improvements;mehtding the requirement that the construction and improvements do not. fiineclose seasonable alternatives fin a final cleanup'action at the Site The draft Interim. Action Work Plan may sumtnarire or incorporate information contained in other existing documents: 2 Upon receipt of the drat);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 Inlet Action Work Plan responsive to I=cology's conmtentgand consistent with 'MITCA:. 4. Upon approval by Ecology, the Interim Action Work. Plan shall be considered tipal and become an integral and enforceable pail of this Order, 5._ 3n 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 Ecology before proceeding mith any work that is subject to the approved Interim Action Work Plan; o. - 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 plovide 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 comments and consistent with PIMA. c. Ecology will endeavor to respond on approval status within 30 days,. 7. Ili addition to the above interim actions:either paity 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 tsltl.I i' 120 Agreed Order No. 158.61 Page If)of 26 lAmendinent of Order) of this Order, If the Parties are not in agreement,Ecology leSerieS its authority to require interim action(s)under a separate order or other enfin•cemem action under RCM, 70.105D,or to undertake the interim action(s) itself, 11 Progress Repots.Monthly progress reports shall be submitted to Ecology's Project Coordinatot via mail or email, The first progress repo.;t shall be submitted to Ecology on or by the or the month following the effective date of this &greed Order and subsequent progress reports shall be submitted by the 15th of euch month describing work performed the previous month. Monthly progress repot ts shall continue to be submitted on a monthly basis until the City submits the Updated CSM. or until Ecology notifies the City in writing that monthly report submission can be ended, Emergency situations and any conditions significantly delaying work muss be reported to Ecology within 24 hours, Ci Meeting, Coordination: To facilitate communication and streamline project effectiveness,Ecology's Project Coordinatom or designated alternate.shall be invited to attend any , City meetings regarding work at the Site including construction meetings unless the meetings are attorney-ehent privileged between the City and its attorneys or the meetings are between the City and its consultant as arranged by the City's attot neys for the purposes of facilitating legal advice or attorney work product.The City shall not be obliged to reschedule meetings that Ecology cannot attend du to scheduling conflicts. i- ll The following conditions shall apply to the above actions: II. Any final plans or other final cleliveiables submitted by the City for Ecology's review and approval shalt,upon Ecology's approval,become integral and enforceable parts of this Order. 1, lf Ecology determines that the City has failed to make sufficient progress or faired to implement the remedial action required under this Order,in whole OT in part,Ecology may,atter 121 Agreed Order No. 15861 Page 11 of 26 notice to the City,perfoon any or all portions of the remedial action that remain incomplete or,at Ecology's discretion, allow the City an opportunity to coritct. The City shall reimburse Ecology for the costs of doing such work in accordance with Section VIII A (Remedial Action Costs). Ecology reserats the right to entbrce requirements of this Order under Section X(Unfoitcement) J. Except where necessary to abate an emergency situation,the City shall not perform any remedial actions at the Site outside those remedial actions specitied by this Order, unless Ecology concurs,in writing. with such additional remedial actions. nit, TERMS AND coNorrioNs OF 014111111 A. Payment of Remedial Militia COMM the City shall pay to getdOgy costs alcUrred by Ecology pursuant to ihis Order and COWartelli with WAC 173-340-550(2) Thrtsc costs shall include-work perfonned by Ecology or ftscontractors for or on, the Site under RCW 70.105I/, including remedial actions and Order reparation, negotiation. oversight and administration. Ecology's costs shall include costs of • direct activities and support costs of direct activities as defined in WAC 73-340-550(2). For all costs incurred subsequent to the effective date of this Order,the City shall pay the required amount within 30 days&receiving from Ecology an itemized statement of costs that includes a suoltearY of costs incased, un identification or involved staff; and the amount of time spent IR involved staff members on the project A genrel statement of Work lettrforthed will be Provided by lleOlegY on a monthly basin Itemized statements shall be submitted by eulogy on u 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 costa will result in interest charges at the rale of 12 percent per annum,. compounded monthly. In addition to other available relief, pursuant to RCW 19,16,500 nology may Largat collection agency andibr, pursuant to RCW 70.10511055, file a lien against real property subject to the remedial actions to recover unreirnbursed remedial action costs B. Designated Project Coordinators The project coordinator for frology is; 122 Agreed Order No. 15861 Page 12 of 26 Chris Wend Foxics•Cleanup Program Washington State Department of Ecology Genital Regional Office 1250 Wiest Alder Street Union Gap,WA 98903 I ef: 509-454-7837 Fax: 509-575-2809 ewen4614Secyvva.gov "lhe project coordinator tbr the Cit,v•is Piper Rotten •Landau Associates 130 2nd AVCITL1C South I Amoncla, WA 98020 •Tel: 425-778-0907 •Fax: 425-778-6409 Each project coindinator shall he te.sponsible Thu overseeing the implementation of this Order. Ecology's project coordinator will be Ecology's designated representative for the She 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 terrns and conditions of this Order shall be directed through the ptoject coordinators. The ploject coordinators may designate in writing, Working level staff contacts Cot all or portions of the implementation of the work to be performed required by this Onler, \ny party may change its respective project coordinator.Written notificationshall 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 ro this Site are catalogued and up-to-date. 1.1pdates to the record will he distributed via email to the City's project coordinator. C. Pellet MaDee All geologic and hydrogeologic work periMmed 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 rot by RCW 18.220 and 18,43. 123 Agreed Order No. 15861 Page 13 of 26 Ail 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 try RC'%V 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 ducat supernrision of a putlessional 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 ROW 18,220 OS 18.43 130. the city shall notify Ecology in toiling or the identity of any'supervising opinecEs) and ger:1G.00st,commetorpt, and subcontractorp)to he used in carrying out the terms of this Order, in advance•of their involvement at the Site 1..), Access Ecology or any Ecology authorized representative may enter and freely move ahont all property at the Site that the efts either owns contiods, or has access rights to at all reasonable times to the purposes of inter ether inspecting records,operation logs and contracts related to the WM'S being pet kilned pursuant to this Order, reviewing the City's progress in carrying out the terms of this Ordei, onducting such tests or collecting such samples as Ecology may deem necessary: (Ming 3 camera, sound retartatipq or other documentary type equipment to record work, done pursuant to this Order; and vetifymg the data submitted lo Ecology by the City. The City shall make all reasonable efforts to seewe 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 purstiatil to this Section shall be responsible for then own safety and shall comply with any applicable health and safety plan(HASP), a copy of which shall he provided to Ecology,together with any subsequent updates.Ecology employees 124 Agreed Order No. 15861 Page 14 of 26 and their representatives shalt not be required to Sign any liability release or waiver m 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, anchor test testing generated by it or on its behalf available to Ecology, Pursuant to WAC 173-140-8.10(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 ate0I'd2hee With Section VET (Work to be Performed). Ecology's ToMes Cleanup Program Policy 840 (Data Submittal ltequirements). awhor any subsequent procedures spec tied by Ecology for data submittal. Data submitted in an electrorde format to the Ecology Environmental -Information Management (11M) 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 accutatc. 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 or duplicate samples of any samples collected by Ecology puisuant to the implementation al this Ordm provided that doing so does not Mterfere with Ecology's sampling. Without limitation on Ecology's tights under Section V111.1) (Access). Ecology shall notify tine City prior to any sample collection activity unless an emergency prevents such notion th accordance with WAC I 73-340-830(2)(a), all hazardous substance analyses shall be conducted by a Jabot atory accredited under WAC 173-50 fir the specific analyses to be conducted. unless otherwise approved by Ecology. 125 Agreed Order No. 15861 Page 15 M26 F. Public Participation RCW 70.1 0513.030(2)(a) reunites that,at a miminuin, this Order be subject to concurrent public notice. Ecology shall be tesponsible for providing this public notice and reserves the right to modify or withdraw any provisions or this Order Should public comment disclose facts or considet ations.which indicate to licalogy that this Order is inadequate or improper in any respect Ecology shall maintain the responsibility foi public participation it the Site I-towel/eh the City shalt cooperate t vitt'Ecology and shah. I. Notify nefilany's project coordinatm /aim to the preparation of all press releases, fact sheets, and before major meetings with the Interested public Kind local governments. Likewise, Ecology shall notify the City prier to the issuance of all press releases and fact sheets, and before major meetings with the interested public and local governments. For all press relcasas„ tact 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, met:trig, or other outreach effort was not sponsoitd or endorsed by Ecology. 2. Who requested by Ecology, participate in public presentations on the progress of the remedial action at the She Participation may be through attendance at public meetings to assist in answering questions or as a presenter. .3. When requested by Ecology, arrange and/or continue information iepositthies to be located at the following localions: Yakima Public Litton}, 102 North 3rd•Street Yakima. WA 98901 Ecology's Central Regional Office 1250 West Alder Street Union (tap. WA 98903 At a niininfain,Conies of all public notices, fact sheets,and documents relating10 public comment periods shall be promptly placed in these reposifolies. A copy of all documents related to this Site 126 Agreed Order No. 15861 Page 16 of 26 shall be maintained in the repository at eology's Central. Regional Office in Union Gap, Washington. G. Retention of Records DurMg the pendency of this Ordei. and for 10 yeaw om 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 requitement into all contracts with projsmt contractors and subcontractors. I Mon sequest of twology, the City shall make all meords available to hicology and allow access for review within a reasonable time Nothing in this Order Ss intended to waive any right the City may have under applicable law to limit disclostim of documents protected by the attorney work-product privilege and/or the artoineyschent 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 meords withheld and the applicable privilege No Site-related data collected pursuant to this Order shall be considered privileged, IL Resolution of Dispute I in the event a dispute arises as to an approval disapproval proposed change, or other decision Cu action by Etcology's project coordinator. or an itemized billing statement under Section V111,A(Remedial Action Costs), the Parties shall utilize the dispute resolution procedure set forth below. a Upon receipt of Ecology's protect coordinator's written decision or the itemized billing statement, the City has 14 days within which to notify Ecology's project coordinator rn writing of its objection to the decision or itemized statement. b. The Parties project coot dinators shallthen confer in an effort to resolve the dispute.. If the 'inject coordinators cannot resolve the dispute within 14 days. Ecology's project coordinator shall issue a written decision. 127 Agreed Older Tgo 15861 Page 17 of 26 c The City may then request legionsl management review of the decision. This Inquest shall be submitted in witting to the Genital Rtgi011 TOXICS Cleanup Section Manager within 7 days of receipt of Ecology's project coordinator's written decision. <I, The Section Manager shall conduct a review of the dispute and shall issue a bidtlien ['erasion tegarding the dispute within 38 days of the Ear's request for review. The section Manager's decision shall he Ecology's final decision on the disputed nutter. 2. The Parties agree to only utilise the dispute resolution process in good laith and agree to expedite,to the extent possible.the dispute resolution process whenever it is used. Implementation of these dispute resolution procedures than not provide a basis for delay of any activities required in this Ordet, unless Ecology agrees in staitiiig 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 entbreement under Section X (Enforcement) I. Extension of Seheduk I. An extension of schedule shall be granted only when a request foi an extension is submitted in a timely fashion, generally at least 50 days prior to expiration of the deadline for which the extension is requested,and good cause exists tor granting the extension. All extensions shall be requested in writing.The request shall specify: a. The deadline is sought to be extended. I), The length of the extension sought c, The,resson(s) for the extension d. My related deadline or schedule that winild he affected if the extension were granted, 128 Agteml Order No. 15861 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 Ciimunstances beyond the reasonable control and despite the due diligence of the City including delays caused by unrelated third parties or Ecology. melt as(but not [United to)delays hy Ecology in leviewing,approving,in modifying dOCUITittnY submitted by the City. b Acts of God,including fira flood, blizzard extreme temperatures.stornt,or other unavoidable casualty. c Endangennent as(tem.:Taxis.' in Section vrii.K(Endangerment). llowevin,neither increased costs of performance of the terms of this Order nor changed eenDOMIC circumstance:,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 oarsman to this Order. A requested extension shall not be effective until approved by Ecology. Unless the extension is a substantial change, it shall not he necessary to amend this Order pursuant to Section VEILI (Amendment of OrdeM when a schedule extension is granted. 4. An extension shall only be granite(' 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 ob a. Delays in the issuance of a necessary permit which was applied 1011 In a timely manner. b. Other circumstances deenmd exceptional or extraordinaly by Ecology. c. Endangerment as described in Section VRLK(Endangerment), 129 Agreed Order No. 15861 Page 19 of 26 J. Amendment of Order The project coordinators may votally agree to minor Changes to the work to be pm-framed without formally amending this Ordei.Minor changes will be documented in writing bv Ecology within 7 days of verbal agreements Except as provided in Section VIII Li (Reservation of Rights), substantial changes to the work to be performed shall require formal amendment of this ()lido. This Order may only be formally amended by the xia Men consent of both Etiology and the Citv. 1 he City shall submit a written Taft ECM 101 amendutent to Ecology for approvul. I Rology shalt indicate its approval or disapproval in writing and in a timely manner after the written equest for amendment is received. lithe amendment le this Order represents a substantial change,.Ecology will provide public notice and opportunity to kominent. Reasons tor the disapproval of a proposed amendment to this Order shall he tinted in writing if Etiology does not agree to a proposed omendmen4 the disagreement may be addressed through the dispute resolution procedures described in Section VELE (Resolution of Disputes). K. Endangerment In the event Ecology determines that any activity being pet formed at the Site is creating or has the potential to create a danger to human health or the cantonment on or surrounding the Site, Ecology may direct the City to cease such activities fen such period of time as it deems necessary to abate the danger. [lie City shall immediately comply with such direction. In the event the City deteimines that any activity being performed at the Site is creating or has the pote.ntial to create a danger to human health or the environment. the City may cease such activities. Mc 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 dime/the City to resume such activities. 130 Agreed Order No. 15861 Page 20 or 26 If Ecology concurs with or orders a work stoppage pursuant to this section, the City's obligations with tepees to the ceased acti vines shall be suspended until Ecology eletetiniries the danger is abated,and the time for performance of such tlettViiien, is well es the time for any other work dependent upon such activities, shall be extended in accordance with Section VEIL] (Extension of Schedule) for such period of time as Ecology determines is reasonable under flu. circumstances. Nothing in this Order shall limit the authority of ecology, its employees, agents or contractors to take or require appiopriatc action in the event of an emergency. 1,, Reservation of Rights This Order is not a settlement under RCW 70 I D511 Ecology's.signature on this Order in no way e0t1StitlireS a covenant not to sue or a compromise of any of Ecology s rights or authorityt 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 regrading remedial actions required by this Order,provided , the City complies with this Order Ecology nevertheless resei ves its rights under RCW 70,10517„including the right to require additimial or different remedial minims at the Site should it deem such actions necessary to protect human health and the environment, and to issue orders inquiring such remedial actions. Ecology also reserves all rights regarding the injury to-destruction Oh or loss ofnatural 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 defenses to liability in the event of enforcement 131 Agreed Order No 15861 Page 21 of 26 M Transfer of interest in Properly No voluntary conveyance or languishment of title easement leasehold. or other inteliest in any portion of the Site shall be consummated by the City without prevision for continued implementation of ail requirements of this Older and implementation of any remedial actions found to be necessary as a result el this Ordet 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 or this Order to any prospective purchaser,lessee,lnnsfuce,assignee,or other successor in said interest:and,at least It)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. Alf actions carded out by the City pursuant to this Order shalt be done in accordance with all applicable federal. state, and local requirements. including requirements to obtain nestessaly permits,except as provided in RCW 70.1051).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 70.1050.090M, the City is emeinist from the procedural requimments of RCW 70,94,70,95, 70,105, 77.55, 90,48, and 90.58 and of any laws requiring or authoriring local government permits or approwds. However, the Guy 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 procedutally exempt nuclei this Section. 3. The City has a continuing obligation to determine whether additional permits or approvals addressed in RC W 70,10517.0900)would otherwise he required lot the romedidl action • under this Order. In the event either Ecology or the City determine that additional permits oi approvals addressed in RCW 70.1050,090(1)would otherwise be required fbt 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 132 411Ced 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 shalt 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. Ismology shall inform the City tn writing of these mattirements. Once established by Ecology the additional reqiumments shall be enforCeable ittlinitements of tins()ides. the City shall not begin or continue the remedial action potentially subject to the additional requirements until Ecology makes its final determination. Pm sitant to RCW 70,1051).090(2), in the event Ecology determines that the exemption from complying with the procedural requirements of the laws rcleieneed in RCW 70.1051/000(1)would result in the loss et 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 ifl RCM'70.105D.090(1),including any requirements to obtain permits, O. Indentnifieation 'fhe City agiecs to indestmify and save and hold the State of Washington, its einplowies. and agents harmless from an 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 City,their officers employees,agents,or contractors in entering into and implementing this Order, However,. the City shall not indemnify the State or Washington nor save rtor hold its employees and agelltS harmless from any clams 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 0It1}ER 1 he movisions 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, 133 Agreed Order No. 15861 g Page 23 of 26 as amended by any modifications. and that the Clot has complied with all other provisions of this Agreed tittle). X, ENFORCEMENT Pursuant to RCW 70.1051/050,this Order may he en:threat as Tolima's: A The Attorney eteneial may bring an action to enfoi ye this Order in a state or&dem! court. B The Attorney General may seek, by filing an action, if necessary to recover , momints spent by Ecology ror investigative end remedial actions and unto s 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 tittles the amount of any costs incurred by the Stale of Washington as a result of its iefusal to comply, 2. Civil penalties of up to twenty-five thousand dollars($25,000)per day for each day il refuses to comply. If. This Order is not appealable to the Washington Pollution.Control Hearings Board, This Order may be reviewed only as provided under RCW 70,1051).060. JUL OS Z018 Effective date of this Orden (Iry c)u YAKIMA STALE OF WASHINGTON 111SPAR:IMENT OF ECOLOGY il le . ( i , • i CLIFF E MAI:ERIE BOUND City Manager for the City of Yakima Section Manager 1 roues Cleanup Program Central Regional Office a ic`befl lief/ CITYCONTRACTe ' lit801.1010.940:, aaf fij-4)5e3 134 Agreed Order No- I586] Page 24 of 26 EXHIBIT A SITE DIAGRAM .:•y,:Tnn 5' 3gia++y .y. . y.. .y. y:: tb • Y ..'v x n s .v `•aj'•*#e iz:... a ri:':r r .. : �5 y .. . . mmmm"mmx'" T i'... is '.:::(:�, ..• & A y V.§'..:: :.m �$ ..o:::.swk:.H*F3�.wy';.gs '' V.;4. :';i's'�"�:,;: :. xl'k:,�• a m ..':. x x 'e f t x 4 r%'r.':.:=.,a, .:.. x�.. r .rrrr $::'1'i*,�, . ap .. }. .:'..:..:v.• .: vV,.. 07 •�•:' .{..$ ;{r Mn*° .'.w:'..::'yrtaki i4 * ':, Amt.'.:4r ti ' i ' :vw.}}:{v'. .,.,::.: rt,:.*:7' gr ' . v'dwr'r4 3:::.,w,x, x:::.:.: *rv:n:.%'t.E::: t� ;}.:mm ag .fiv' xvn':{.y.:::i{::w...v. Na.•:.;: '�TM i ': y ?sirir::.... "" :yam;{.t • :s? r ry:: rw r : a vvt. : � + . .. ':ri.' " w: i ':. ti. ...i*" n: #t$%5 .. it ' iigiii 'Et : ] . r ..y m a .IS:: s � £x . . , , � y . Ytr .............. y :x.•'L�':'?: y*{§....y.. ': :j'aa ayn: y ---,--draC d r+' ''.x.,xyt:4��-.�#.r, �+v :�::4y: iiii �v rz:.C:'.:..:x.3,,A$#ts'• .. y.v : r. r '. :y$$y�r �yyyy "', y :' nn%"w'Y' t'F*V' 4 Yy:[ gy _ y Ary:m. C. (Ymn,aC�YGa;dn+ #e3 .. ; .] '.: 'r n:>.;5, ., r •.'. :;:;;" t �{r In;t+siYt fit ErA33A;ft B:YeMtn^j LInset Md w'a r#p•Gd4[4uhgl;tr5101M or E 1144 may:edateiM efiAtfitt-40and 5 Ya to Mil 4te 6outdtry{A6 Ho.b£13h;4, lead Enfnrane t.:he petxti5n .. .J Tax Poee1/4 nd Sareel5tt ttritAr t! 1310400( 1 0 tyy l41%1 F £ PAU5oece Yak me C&iay Gh,E 5/4K'o•Idimgary. SL.Vei6yet1 i Sit e Yakima City LIndivl Diagram IAt.ANVAV Yakima,Washington Interstate 82 Exit 33ASIte AYYOUAI kY 135 Agreed Order No, 15861 •Page 25 of 26 • EXIJIBITB Historical Data to Im Submitted Electronically Data from the following environmental studies must be entered into Ecology's electronic Environmental lamination Management(EISA)databases Parameirix, Forma City of Yakima Landfill Phase II Report Otgobet 2008 SIR,City Landfill RI Report, October 2009 SIR, City ,andfill Additional RI Report,March 2010 SLR,City Landfill Soil Vapor and Groundwater Sampling,May 20 22 Landau,Interim Supplemental RI Report,April 20 I5 Landau,Draft Supplemental RI Report, September 2015 136 Agreed Order No. 15861 Page 26 of 26 • EXHIBIT C GrOtIlithlater/Smface Water Interaction Work Scope Groundwater - surface water interaction is needed to understand the seasonal. interface between ihe groundwater tlinvngraclient of the Yakima Landfill and the Yakima River. The main goal of this effort will he so evaluate the annual time periods where the river is gaining water from the groundwater or losing water to the moundwater and use this information to assess the chemical and physical characterimics of the grounclwatet as it approaches the interface. Once the groundwater hydrology is understood, final water quality parameters as the groundwater apploaches the surface water may be understood Li sing all relevant existing groundwater elevation and =face water eleVaIKISI/Singt data, the overall hydrology may understood 101 I he iiine periods where the data sets exist, Using standard bansport methodologies. the chernbal and physical data may be'considered for impact on the groundwater/surface water interlace The proposed work scope is a data compilation followed by an analysis of this data.I he existing monitoring welt and river gauge data from the site at considered adequate for this analysis. The deliverable will be a technical memorandum including or considering the following element. (1) Obtain stream elevation/stage data for time periods where groundwater sampling data is available from the Supplemental RI. (2) Obtain precipitation data For the time periods where groundwater sampling data is available. (3) Using the calculated potentiometric 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 fieldwork and may be prepared by the appropriate professionals as a paper study. 137 EXHIBIT F YAKIMA MILL SITE AGREED ORDER 138 STATE OFWAEIILYCTON DEPARTMENT OF ECO #7:YY lo Sc Molter of 1temSS i nbv: AG. ORDER OttieeMn[neorparatad No.DE 13959 DonoUie Eararprkes,LLC LaaLynn,ine)&Witty ML,Ins, Y s 4 Round,LLC RE: YakimaE RR Site (aka BOW Cascade Mill Site, PSUD 450) 805 North 76 Street Yakima,WA 9890E TO: ATtN: Nth Waat Kilptick To Ned&Stain;LEP Stem 2400 214 North Tryon Smell Chadatte,NC282022381 A < Gregpu Yakima Resauoea,LIC ?Dina B76 %cpe „OR 97487 A , Gil&a LecLyna,lne &W>ley Mt,Inc; and TES • a,LW PORax5'8 emelt,OR 97426 139 OrderNo. DE 13959 Paga2of26 TABLE OF CONTENTS I. ODO{,TIOS . „ 3:.. II JI?FJSDICTI0 ... ,. ,, . 3 III PARTIES ROUND. ...,,.,;: „3 IV, DFFINTIJONS . ...,.:. ; 3 V, FINDNOSOF FACT....:.; 4 VI, ECOLLOGYDETERWJNATIONS 6 VIL WORKTO BE PERFORMED , , ,. . , VIII, TERMS AND CONDITIONS OF ORDER:. ,,,:11 A. Foul's]Action Ca is Sl . Designated Projae' C Fed ee 13 D, Accesa ;::: �...,13 E. S tn$mg,Dot SS,rta3,and AvailahiEf} l4 F 15 O, mofRa , ati:. I6 H, Resolution of 16 L EstonsionofScEed ie L Sortof0:der, t4 I E cm l4 L, RmentionafR tJ, M. bade oflnfenai? pety 21 N, CompliamwilkApplccablelmas.,::,,.; 2I O. Is on,...;:,, 22 IX SATISF4.CTIONOF{IRDER 23 X. ENFORCEMENT ... .,..:.. ,, ,.23 1TA Site g E. llistoRmlData1o1BScbmiElaetronieaily 140 Agreri Order MINE :3959 Page 3 of 26 L INTRODUCTION The mutual objective of the State of Wasbtng.en, tsar; eat a,Ecology(goology) a E Potentially Liable Persons ti}fps) Ofcehfax Sao ra; , Y ' !Imam, ILO IAunol e Enterpnsm, LW, and LeeLymo Ines & Riley Mt Inc (collectively referred to es the PIP) under this Aped Order(Order)is to pride for remeihal ' at a fseiity where there hes a dose or e uneui release of riaus sub s. This Order the Ills to complete a 1 Investigell pn(ICI), Feasibility Stmly(FS),sod to prepare a Draft Cis*s ;t ActionNlan(DCAP), far the hit 'ftedby Feeley as the"YakimaMID site"(alsoknownas the "Sono Cascade Mill Site'" located at 805 hortb 7a Simi,Yakima WA 9S 1 (the Site), Ecolog} believes the actionsr by ththis Order are in the public interest IL : . u RiitfION This A e Order is issued p to the Model Tomes C l Act o ), RCW70,l05DOSO(l), It TARIM ROUNDU This ,'peasOrder shell apply to and be b upon to Pities to this Ore, their successorsandassigis. The ig i representative of each party ashes that he or she is Idly atiorized to ems` into this Other and to mecum and legally hind oath petty to ly Dith this Order. The PLPs agreem rm all so ooa required by the termsend of this Ores. No change in nomerelrio arc . to status shall alter the PLPs` responsibility undo this Order, The PLPa shall provide s copy of this Order to all agents; cos and su tm retained to perSiaregultedbythis Ordenend shall ante that all work und by such agents, enamors, and .a*va+ t . tors complies with this IV DE DNS Unless De spaeiie{l herein, the definitions set forth ie Choker 70,105Dt tow ana Chits l73.340 WAG shell control the .a"a+nry of the tams touts Order, 141 Agreed tinder No.DP. :1959 Pepe 4 of26 A ate; The Site is referred to es4Y ' ' Mill Site'anbun a a'Boise Cascade Mtlf Site,,;and is generally located et or near 305 North aeStunt,Yatme,wash' Based upon Cactus carreolly known to Ecology, the Site is pa,Sky depics.erl in the Site Diagram (Exhibit A) The Site is media defined by the exult of coomm6r Lion caused by Teases of agardoos sttbsteuecs r the Site, which, based on fact known es of tie cffeetivc date of this I ems, is exclusive of any area 1) where municipal solid waste has come to he t or 2) which is affebed affected by a release or tk'eatenedreemof is au cefrom also<il Mgt The Site constitutes a Facility wider ICCW-70,105D,020( ; The Faciktv/Site]D numbs is 450 and the Cleanup Site ID number :s 12095 as listed in Ecology's integrated Site InfatmatenSist,m. B. ' ; Rafts to the S of W ' Dap t of Ecology, OfheeMax bcorporgeb ribs Enteipeism, LLC, LeeLynn, Inc., e Wiley Mt, Inc, and Yakima Resources LTC; C, fetentelly Liable Persons (PITS); OfficeMax Incorporated, Danube Enterprises,LLC,lueLyno, &Wiley Mt,Isc.,andYakima sLLC, D. Anted Order.or , p Before to this Order and each of the exhibits to this Orden All exhibits are integraland afore, lc pasts of this Order. The terms"Aa"a Order or"Ouch'shall a bide all exhibits to Si. V. FINDINGS FINDINGS 01!FACT Ecology makes the funningfindingsof Sc without an expceasor'uh*Fed ti 'kink of such feebly tlic PLPs A The Site inelud altar aportion of 16 parcels,totaling unholy 171 acres, B. The pale en the Site are cubed y by s pun, be, and Wdey Mt, Inc., except that OfheeMax mos the portion of tax panel number 19131841001 included in the Site, C Based ea facts known as of the e&eclive date of ri is Order, the Site does net include any area the contami MlinipPI solid waste or }.+:+ 1111S substances mleased from 142 Order No DE 13959 ?age 5of26: municipal send waste, which area has brna deemed to trenstitaz the former City of Yule e municipal Mir laodhll glik The former City of Yakima landfill vita is sepatataly the "Interstate 62 Egli 33A Site', Paethty'Srte number1921 and Cleanup Ste ID marcher 3853,and isaddressed lay agatate WWI fJ Cascade I. C is believed to have purchased at least some of the property wi.hia.. the Site in 1903, and began nig the for sawmill operations, In or shout 1957, Cascade Lumber meta with Boise Payette Laorber Company to form Boise Cascade C on. In 2004, Boise Cascade Corporation sold the property (except parcel wren 19131841001) to lawn, Ian and Wiley Mt, le, the current um, and . simultaneously leased parcel 19131041001 to Ytna Resources, LLC. Donollie Enterprises LLC has operated oatoepmpety See the sale and learn in2h14, E. In 20fak Boise Cascade Corp rysin aaxt•r its ampoule to Of&celfaa Incorporated F. Releases of as substances have bees d is certain ` Wantons at de site,which may be taros saw v mitred to tar a ova es dashes A.2008 Phase R ' me1mR Site Imes ideatfied petoi above MICA sauteing levels in sods near the water table m s tat pit OS of the small log sawmill, TM same uvestigabon Awed petal: ;Wants above MA,cleanup levels in samples of soilneer a former vehicle Benny station on the Site north of the railroad and m the northeast corns of the plywood plc; is the southern Fit of the Site A 2013 Phase II investigation slowed p easti in soil and Mee above a acre a'atlevels hear the astern corner of the t plywoolplant• These investigatiors also dommented elevated tsr:kss- coaaenuatiotis in soils on the Sitt{#tw 'water ' , has shown enttations of v.to m•tem, iron, and arsenic above MTCA gut r levels as Weston*grormdwafer, Reset on ; use, neyhava d"reI at the Site. 143 AgrecdOrdu No. DE 11959 Page a of 26 EL ECOLOGY DETERMINATIONS Ecology makes the foilo7 at derentinations,without soy express or implied Sessions of men ens(and unt tlyiagfacts)byte?LP A, Off Max Incorporated is an"owner or operator," a*, u hereon who "owned or operated"at the dme of disposel e:miss, as Wined m LCW 40.105B.020(22), al a Moodily' as in RCW 70 lO3D.020(11 B, LeeLcnn & Wiley Mt, Inc, is as "ow or operator" as defined in RCW 7010SD,020(22)ofa' ihty"asdefinedtoRCW7010511C2A(8), C Dunntlie Enterprises, LLC w an "owner or ow & defined in RCW 70,105)10200(22)ofa" tv"asdetindm.RCW7010SD,02C'8), D, Yakima IS011inCii LLC is an " or operator" se definSin RCW 70,10511020{22)of a'fully'as defined in RCW 70,105D020(8) B: Based upon all facts knon to Ecology, a 'rt1eaer or listenedmitaso of ue SSSSstonrc( )" as defined in 1CW 7C.ItSD020(52) and RCW 70.1050,020(13) ranstively, omsredattheSim. P snide=Ecology de SEW; Ecology Lamed PIP as i to Office Depot boo, LeeLynn Sao, & Wiley Mt:, Inc, Donollie Eniaprises,LLC,andd Yakiaa Resources,LLD. Ana 4 2016,pnrsuart to RCW 70.1CSA.C40 and WAC 172 340.5de. After taoviding foe nonce and k,:maturity be comment, reviewing any co, ads and concluding that credibleesidanoe supported a finding ofpo ;al liability,Ecology issued a do a'n ;ra that OffieeMax Ineorporsed, LooLynn Inc, & Wiley Mt„ bit, Dunolee Bnterpr'sea LW, and Y Itedoes EEC axePileat the Site`,raw RCM 70,?05D,(40Ennd notifiedtem all of this sadonhv lent dated Apnl26,2016, 0, t to RCM 701010A20(1) ass ,050(i), Ecology may the PLEB to roves or conduct other medial ac0ons with scent to any release or cd seCease of he/ 5 subs *M, whenever it helixes ;fl anion to he in the pu,heinterest, Based on the 144 #ghee Cue Na DE1i :Sp Page 7of26r long:ing facts; ideology behaves dm remedial actions rrwured by this Outer arc in the KKK saserest• H. Under WAG t73r34430, an f tanm actin IS a remedial action trot Daly partially addresses the Sapp of a sic eta, that is tecbmaaly necessary or reduce a thsrfit to hums health or(he midtowns bselmientingorsubstantialyreducwgoneorm ,5pathways fot expoarue so a h es substance, that corrects a problem that may become sues ally worse or cost sobsrainally mate to address if the r I action is delayed,or that is needed to provide for completion of a site hazard asaearnent,IWFS,ordesignofaWV Either natty may propose en mtenm actin under tins Other which Wald occur al any urns If the Parties are is a enteencening the interim action, the r res will follow the pmaess in Swim WI of this Order. If the Harries art not in agreement, Ecology reserves its autherily to moue interim actions) under a s.arate order or other enforcement action under ROW 70,Itam5D, or to mdertaketheiaterinwinds)itself VII, WORK TO RE PERPOR:4Sgb Ease on the Fiedings of Fact and Ecology ➢etemi , i! is hereby ordered that the PITH take the foliowmg remedial aetons at the Site and that these action will be c nducted in aewrdaactwithChapter t73•340 WAG unlesso especificayprovidedforbream A Within 90 days of the Efferwiwc Date of this Order, the E:.Ps shad submit to Ecology a Waft RI Work Plan, which shall include a comb Sampling and Analysis Plan and Quality Assurance Neat Plan (SAPIQAPP), a Site Health and Safety Plan (RASP) consistent with the rrr:hiremeafs specified in WAG ifl340• 320 (Sampling and Analysis Plans) ants WAG :739340.810 {W'otker Safety and Heath) and a detailed schedule for implamentabon, The Draft RI Work Plan; SAPiQAPP,andHASP shall comply with all mphamects then Site RI set lords in %VAC 173-140.350, While Ecology does nut approve See HASPS,ant plans must comply srk the requirements of the Washington State Den art of Labor and lud 'ra' Dry onofOccupationalSafetyandHealihregi:lationsandstantttds. 145 AgreodOtderWIDE.13859 Page 8 of 25 a The Ili S3'ork Plan shall contain or provide for co on of Edema infotmatibn to &knife the and of om on that Ws resulted thorn the releasefs3 of hamlets snhs s R the Site m all affected or cote tially affected media (soil, interstitial sir in sold, air, geoandwater, a, andtor surface water if applicable). The RI Work Hen shall include a preliminary Conceptual Site Model, and shall provide for allsampling necessary to late dewed+aarw t of the Conceptual Site Model one fully delineate the natate and extent of aion in all s# eted hod potentially r ef:lei media at the Site as rewiredbyWAC 113.340.350.` b. Ecology tail endeavor to provide cot on the Dial' Pi Work Plan t a revision by the Plea within 30 days of razipt of the Draft RI Work Plan, c. Within 60 days of Lewittof review comments r.n Ecology on the Draft RI Walk Ptah,the Ills shall,as mammy, stilt to Ecokigy a Revised RI Work Elan including the SAPIQAPP - schedule wive to Ecology's come etds and Consistent with MTCA. d. Ecology till endeavor to respond re * 'rfapproval statuswithin30days of re eipt of the documents. Upon approval by Ecology, the :dl Work Plsc SAP+QAPP, TILER. Iry schedule ill be considered kat and id - nod cabesable pasts of dos Order ("Dal RI Work Plan"). R, Within d0 days of Ecology's wus"al of the Final RI Work Plat the PIPS shall initiate nsplementhtion of toe investigation work de ' ed in the Final RI Work Plan.ThePIPs shall complete toe nee ' 'mr work as described in td ace' a av to the schedule inilia FEAR]WorC Plat.. 146 Agreed No. DE 13939 Pap 9oE26 C Within 90 date of• ' detlonoftCeRtacavntiR the PC ski a c to Ecology a;Draft Rl Roort. IE the: "wnsaltainn with EcoLgv, the Pubes that it is to da so, to PCs may suit a Daft ' ed REPS Repast. If the PLC Rnb,rat a Combated EVES Report whys as a c wll apply to the Combined Report,and, upon Ecology's approval of the Revised Combined RIPS .Report, the Ells rill putt&Cy to memzeion of the dmit Cleanup Action Plan as provided in E. a Ecology mill endeavor toprovide Cowan Comm on the Draft RI Report mrbm 60 days of incept of the Draft RI Report,or in the case of a ' wa tined RYES Repot,within in 90 days. b. Within 60 days of mceiptofPswrs;Its by Ecology ontho DraftRI the PLPs Sail,as amessary deliver to logy a Revised RI Report re 're to Ecology's a mats end consistentwith{ A. c. Ecology will endeavor to don approvals withic30(Wm D. biactin with the FSsc described it dm voroved RI Report,the PCs shall submit a m it PS Pipet. The Dttt FS must accopp with the Is of!AC 113-390.350. a Ecology will endcerortoprovde on the Draft PS Report wither 30 days of receipt oftheDra$FS b. Within 60 days of receipt of w i_'HIM =s4 Ecology on the Drug FS Repor", the Pits shall, as noco , ' .t to Ecology a Revisal FS Repoli roponsivetoiaalogy'acsaw°uxand ' teot oath M c. Ecology wit endeavortotuggedon 11 itstus.within 30days, E, fn with the schedule desrated in the ,yrr+vod FS Report, the PLPs shall submit to Ecology a dead DSc ,3s Plan(RCAF}; a Ecology will endeavor to provide to i e on the CAP Rnpnrt within 30 days of receipt of the dCAP 147 Agreed Ordcz No.DE IIP59 Page 10016' b, Within 60 day of teatipt of comments from Ecology on the dCA',lea PLPs ahad, as nc ary, sabndt to Eulogy a related &ai CAP responsive to Ecology's cot ts and coax atem with!rated F Any final plans or deliverables stinting" by the PLPs for Eedo?! review and approval val shall, upon Ember approval, become imegral and enforceable pans ofthis Older. 0. Monthly p s reports shall be cubed to Ecology's Pratet Oootdmahu via mail eremail, The first pmgress port dal he mintedtoEooln. onorbythe I5t of them. r firllowiag the EdiectiveDayef tie Agreed Order ad subse s as.r shall be fitted by the 15a of each mmttb desenbing work p` d the previous month, Monthly pips repows shall contain to be submitted on a moelhly basis rail the PIP sabmif the Draft El R art, or at Ecoloiv the PLPs in noting that utiny report sobmimion can he end gercy rituthras and any-main radiancaptly delaying out must be Rated..to EnoLogy within 24 hours a Ifthe P agree on an'Melm Prodder Section 31E of this Order,the PLPs shall prepare and xa't m Mop an Intecm Action *otk Plug, inohndiag a Seethe ofWork and So by a date ' , ' edby Ecology, tw'luehshslinotbe, in less than 30 days. Ecrdogv shall endeavor to cods p- a rtiView and pmrozde. written :•nt .*tt to the papaw PP Aetna Work PCan within 30 days. Ecology will provide public notice and °brevity to e+aa v•n on the leteoo Action Work Plan in amtardatice with WAG 173-340=S003(16) The PLEB shall not condom the a at ration until Ecology approves the Ancona Work Plan. Upon approvalby Ewing, the Action Work Plan becomes an integral arid onfonalle part of this Order, and the PI:Ps arc required to contract the iDitliM rim witht1w edSermtAeionWarkPlan.. 148 Agra Odder No.IIE' ;3959 hp11of26 I If Ecology dete that the PIP, hate faitcd to maim gnopem or tailed to *Sent the =Mal am remind ender this Wier, in Male or in put Ecology may, after notice to the PEN, mfonn any or all portions of the remegml acton tier rani mco'iplete or, at Ecology's discretion, allow the PLPs an oppotteity to tont. The PLPssuaii mmbrame Ecology for the costs of domg such work in ante with Section VIII A (Remedial Action Costal. Erstlogy' reStreti the eight to as amemmirements of this Order undre Seeded! X ft74teIt); 7 Evoept Mete necessary te an maawey shaken, the PLPs shailnotp n any .udid actions at rue Site outside those re ' actions specified by this Order, iSen Ecology s>inwft ,with suck Atonal rel"astal o on, Villa IS AND CONDITIONS OFORDER A, Remedial Aetina Costa The PLPs shad pay o Ecology as incurred by Ecology ryer :al to this Cider sad comity with WAC 173.340.350(2} These cons shall include work bottomed by Ecology or its contiacton for, or no, the Site trader Caraset'770,105D RCW, including re ' 1 Order p ar, ldon,negotiation,pvamight,and ' 's Salem's shall inobndcoosts of direct Lita iesandsupportcostsof direct activittiesas definedin WAC 1739340-550(2). For ad costs snbaogneat to August 11,2016,the PLPs she pay the =rtaaut 30 days of rece vine from Ecology an itemized n tau oft of eons that ifght a s of costs Weaned,an idonuficaton of involved s+.aft and the am of time spout by involved r s n n uhem on the project. A gaol stata fermi perf pmvidec hyEcologyon a bads, sta shall be submitted by Ecology onaq.o aiy hash tothe PCPs. P'amuaotha WAC 173-340•550(4), fai]mc to payEcology,scosts M.&ninety 90 days of receipt of the itemised statement of costs will result in interest carges at the rate of 12%pe pounded thly 149 Orde<NO.DE 13959 Page 12 of76 In adtlititm to other eek relief, past to ROW 19.1b 500,Ecology may utilize a atoaon agency andfor,pus to ROW 701051] 055Seahest t real s porty tittle to the mmcdW actions to roma&norialmmed , r i,a costa. R. Designated Project CSor eatora mopmject for Ecology is: MaryMo Toys Cleanup Program W, State Dep entofEcology Central Repj Office 7250 W.Alder Street,Union Gap;WA 989033 Tel;509454.7840 Fax; 509,575,2809 ENE pays The project coordinator for the'LPais: Allan har6 SSor VicePraaida* Barr 4300 MaPdct Pointe Drive 200 , `Mr ,•rlis,t #S543¢ Tel;952-832-2725 Far 932 R37 2601 Email:agehbaA bemcorn Earh project coordm stos shall be**ibis fa ova the nmplem; u 'on of this Order. Sloes Project Coordinator will be Ecologu'Y dra' mormetairtefor be Site: To the otaxtmum extent possible, comrumicationa between Palos end the EI.Ps, and ail documents, including reports, appmtia1, anti other correspond:correspond= concerning the *Mica prf, pursuant1othe nand * ilium of this Wrdor BSI bedirected throughthe project cou re. The project coordmntot,may dcsp ..te, la uiwntms working level staff wfor allot pardons ofthe*le nof the voile Spat) , re by this Order, Anyparty may ai its respechvc prcect coordinator, Pr'rihen anti fass,ashadbe given to the other patty at least 10 ca1 days prior to So . 150 A, ot, Order No DE13959 Page 130f26 Pe. . . .. Alt geologic and hydhogaoleme watt parins('pustotikisOrdershallhe otatilt sopervi and drre ixr of a geoJogrst ticn v in the State of Wash' or nada tie direct sap vision of an engineer aegis in the State of W t st oda ' e madded for by Orders 18.22b nod 18,43 RCW. Ali ocjsceearg work performed pma; a to the Ordr shall be mde the direct sapervisiott of infer appal n xr registered in the State of Was ^ r,except as o movie for by ROW 18.43130; All oaot on work path aan guranient to this Order Mail be under the direct sort/vine of a pmfessioni et ore terminal.under the direct s 'sionofa professiooel teyirva; the professirmsiengineer must he tarlatan in the State of Wean a i a. t as ethaneprovidedfeebyRCW 1141130, Any ss eolmdtted containing geologic,hydrologic,or da;u ag oft shall be aaat- • timsealofanepp. ': y licensed pmfesdona#.asreq ' edbyC 1822( R.CW:or.. ROW 18.43.130 The PEN Si notify Ecology m writing of the #y of any sup stag aan, r e} nod lax igiat{a%cn ter(s) sac svbcontrawcat(s) t000 need in out the term of this Oedea,in Marro of theirinvoly atdmSoe, O. Ammo Ea q. or any Ecology ardborized taave may rotor and freely move about all Fa at the Site Mat the Ella either own, contmhorhave stightstoatall . al -*le - bx r for the;prnoomea of, Error ohm it specting records, operation logo,and eonta related to the work being i.r:.4 ned pursuant to this Order, reviewing the Pas' progress rear out the zI( of this Order, coca . in; such tests or colle.4ng masample;an Beelogy may necessary; using a amen, recording, or other Mom type equ'avan to weekdovo to this Order, and venng The des submittedto Ecology Ecology by the PLEs The PLpsahall make alre le efforts to s aces xpats foe thorn sra.eswithin the Site not owned or led by the PLEa where remedial activitim or investigation will be perfo xrva to this Orden Ecology or any Ecology ed ntative shall give 151 Apeed Order No DE i3955 Pap 14of2d reasonable before entering any Edeproperty ouw or coagollel by the Pits units en emergeccy prevents mob nonce: All persons who seem the Site p to this Section shall be respons3le fro their AS safety and shall eoropty'atm any spplioahle RASP, a copyofw'ht;h shall ''se provided to Eeptcgy, together with any magnet updates Ecology employees and their rearesstatives rcporsantebvec shalt not be tmredto p any liabthty release at waiver as a "ea of Site p seeuv. For the same p and sub net to the term cantons so set forth above,Ecology or pay Ecology sun:/it reprmeatauce racy eat and freely move about all property that the PLka either on,count,usbye accesslightstoatthe hattstate S2 Exit 33ASite,al ed rn Section V,C: I. Sampling,Den Submit*end AyaEnMlhy With respect to the impls+ . t;on of this Drdm, the Plks shall make the eolith of all sampling lab; reports, it c *r test results eked by it or on its hebatf a le to Ecology. rnara to WAG 13.340440(5; all log data generated under than Order, together with the historical data identified in Mien B, shall be submitted to Ecology is both p ` and electronic bonds in accordance with Section VE (Work to be P Ecology's Tonics C3 p Pro, Policy Sod (Data S • kal R. downs), end'or afro subse+mot specified by Ecology for data submittal. a `tied in en el 'c fomaat to the Ecology ltnyimnmeeim ion Mane t Spica is lima with WAG 113.34O440 shall not be emtaide:ad properly Hartnetd unit to EN Dam Coordinator has elk the data for transier vita the +•sxi, ^ n s the Ecology Project Coo tes has actified that the Ada is complete sad moon. .. If requester. by Ecology, the PLIM shall allow Ecology author (t§ thed representative to lake split or du licate snraples of any samples collected..by the PLdls p to 'ma1va+aa1ton of this Order. The PL.Pa shall notify Ecology awn (7) days in +S race of any le 'on or work activity at the Site Eeohsgy shall, request, allow the PI,Pa and/or their authorisedr*4en1o0ve to wire spin or duplicate des of any smle And 152 Agreed Nes No, OE 13939 Peg 15 of 26 by Ecology gramt. to the top] Lunen of tins # sa, p> ' that doing so does not Sine with Ecology's aampling Without limi sit on Ecology's r*hts art Section VIED (Access), ,E;mlogy shag notify the PLPs print to any ample collection activity uuiess an eo y proveuts such nonce; In accordance with *AC i73:340 E3C{PXs), all us e anaisacs nail be oaodu.••ted ley a lotion#off accr under 173 it WAC fort specific t :, 'w to be coaduyted,unless oa•fi >eapprovedbyEcology F. Public Parttdpstton RCW70,IOSD03tt(9)(ni requires that,ataffi ' .um,this°Halth objectta comment public notice. Ecology an be reomonaible for providing thispublic noticeand msenes the nget to modify or wi w any provisions of this Order should public camnnant disclose facts c comiderations hrch indicate to bogy thstfts Order is inadequate or ' in any respect Ecology shall ma' ' the xesp ^biliiyforpublicparticipationatteSite However,the His shall cooperate with Edgy Sabah: I. Notify Ecology's Pmj : Co for to the prepoaten of all press releases, fact sheep, and beige mgtor meetings with the interested public and bead gov ts, Likewise Ecology shall notify the Plus eiorto the issuance of all -•a releases and fact sheets, and before major ' with the i c pubEio and local gone ts. For all mem releases, fact sheets, meetings, fe x other on a do e Ors by the PLPs that do not receive receive prier Ecology approval,thePLPashalHeartyMee th its Shame that the press release, fact sheet, meeting, or other ch effort was not sponsored or endorsed by Boulogne 2, Wheen red by Ecology, paritipate in. nubile presa;atraas on the as of the action at the Site, Relegation may be through at public me elp, toassistinanaw ' 'ohs orastprude; 153 Agreed No.DE 13959 Page 16of26 3 requested by Eclog), e Sor continua i repotitories to belocatedd ai the thawing Mariam: Ya>amaPubl Library 102 Nort r Street,Y.:ae WA939O2 E rloogy's Genusl Regional Office 1250W Alder Sneer,lion Gap,WA 9S90d At am" copies of all public notices, fon and aG rid to public eommentpenodssbailbea,tanttlyplacedinGem reposinais. A copy of all dogmata rekced m ra ; Site Melt be ' ' irrthe *glory6i Ecology's Carnal Regional t•Sa`eta Limon Gap,Was a. G. Retention of Records the pende y of this Order, arid for 10 years fron,the dataofcoinp ofwork performed pursuant to this Order, the PLPs shall prove all , reports, documents, and lyeng data in there possession relevant to the imp Pen of this truer Godshall inter a similar record retention requireonent mint all co a with project cad end hi oes. Upon request of Boaz the PLPs shell make all records available to Ecology and allow access for review within a reasonable tame. Nothing in this ate:isintended to waive any tight the PLPa may have applicable law to tai d sel ure of to a eats protected by the stony avortuoduct privilege aobtor the attomeymlient privilege, If the PLPs withhold any r moon on an s 'on of privilge, the PIN shall provide Ecology with a privilege log specifying the withheld and the applicable privilege. No Site-related data cclleeled pursuant to this Order shot be peas t v-t privilege B, ResaladenorDisputes i, In the event a dispute vises as to an approval, disapproval, proposed change; or Mtn decision or son hy Eaolou's project coordinator, or en itx bdheg statement under Seethes VILA auedinl +..n# Cozl,the Parties shall utthzethedisputareaefiarmp s forth below, 154 Ag onl Order No.DE 13959 Page El of 26 a. Upon receipt at Ecology's project c ` ;or'€ wnucn dec?shen or the hemmed biting statemenu the PLPs Lave it days twhir 4ncn to may Ecolog}ss puha ocordinaiiinwnpnaodds ehheam tot edeemonoritemimcstatement b [he Farad project cooriators shall then meat in an effort to mac the dispute If the pn}jecr coordinator, can resor,a the tam naafi 14 days; &otogs prreet coordinator shall seawrittendecision, The P_Pb ntay Caen reveal regional management review at the decision. This recitmt shall be submitted in writing to the Dual Region Tones Cleanup Seaton Manager within;days of receipt ofEeotodge project coordinators written decision. de The Section M n r ger shall conduct a retie)/of the dispute and shall issue a written decision regarding the dispute within 30 days of the Pt?? racer for review, The Section Menages decision shall he Ecotogy's final decision on the disputed ma.ter 2 The Parties agree to only;intimethe apace tesoluton process la good fait and amcmitoovate,to the extet possible,the dispute rcsol process whenever it is. 3 Implementation of these dispute resolution procedures shall not provide a basis for delay of any activities required is this Order,unless Ecology; a in wnhng to a schedule- alcohol 4; In ease of a dispute,farm to eatherproceed hitt the work revired by this tkder or timely invoke dispute resolution may result in Ecology's degiontation that reaufficient progress is being male in migrationofa deliverable, and may rfsq.tm&ookrdyon the work under Section VA (Work to be Par or inflating Samna under Section X {Esuoremment f, Extension of Sekedalo le) An extuosian of schedule shall be granted only when a request for an extension is snag in a timely fesaton, geoernLL•y a:tease 30 days odor to explainof the deadline for watcb the extuoaion is requested, and gaol case eaters for grantng the extension. All extensions shall be requested in writing The request Oval specify; 155 No,De 139$9 Page 18of 26 a the deadline tbstnsaugSltobeextecded; b The length of the Extension sought, e, T;ae masons) for the extension,and d Any eels ins or ^ e drat would be dented if the is I; The but&shall be on the PLEa to mate tote setisfactlonofEcologythat the request for such ion has been submitted in atimely and that goad'cause exists for granting the extension, Good cause mayiachade, buutmaynothe ' to; a. cm w 42o die reasonable control ad despite the the dil ge ce of the PLPs is delays erased by unrelated hand parties or Ecology,such as that nni I ' to) Slays by Ecology in Amine, aping, or modifying documents submitted by'the PLPsi b. Ads of End, including fire I..4 b '.7At a ex IF Ana . I mother unavoidable casualty es a. PS ductibed SectionSEXrani.njAPIent): noweva, neither costs of per$ as e of the tens of this Orden mos ehaaged economic circumstances shall be mita h beyond the reasonable st s 5t1 of the PEPS; 1 Ecology shalt act it Si) aka :ugt~est for extemion in a immiy haul Ecology shall give the Ells nonficadon of any extensions d ttottiis A requmt l afghan alv11 not be &thee alit oven by Ecology, Unless theextension is a sub 'at cheap, it shall not be necessary to amend this Vida pursuantIo 3 a . VIE.! (Anicadvedo€Order)tamaschedule extemioniaaie �s 4• An attain shall only he al for such period of time as Ecology is is reasonable nada the cimemsances. Ecology may giant schedule eatca$ions (9C)days only an ascsnit of 156 Aceel tinder Dip Da 8 3Uti4 Pima ypof 26. a. Delays an he Dunce of a necessary permit which was applied far tr a vmown b. Other ciicmnstariow denied exaseptional orenracrddinery by Ecology or c. Scaog t as desenbed in Sech:m WILK(Eodangr at). ,f. Amendment of Order TIT pmiecr coordinators may verbally ape to mmor,changes In the work to he perfented without te;malty us this Order: Minus chimes will be documented m wooed by Ecology within saves days of vethal agreement Except'as provided in Salon Y11Zt (ltrservaton ot'ltights), saga t dal c - to the work to be performed shall requie DMA of this Order. This Ordermay only be formally amended by the written 341163316t of bulb Ecology and the PLPs. The Phis wail submit a warren request for amendment in Ecology for approval Ecology shall WAS its approval or disapproval ;n wring and in a timely manner aPer be written request for amendment is raved If the amendment to this Order tep'eseuts a snbstanaal e Ecology',ill provide public notice and opporemuty to comment Reasons the the disapproval of a proposed cot to min Order shall be natal in writing. If Ecology does not agree to a proposed cues(, the disay great may be addressed t rough the dispute ;maladies. procedures described in Section VIILH Rasolution of Climates), It Endangerment In the event Ecologyde ' es that any activity beingperfarcrnt at the Site ss ercatmg orhas the potential to a danger to health orbs envuenment on nr surrouroding the Site, Ecology may direct the PIPS to cease sad acttvrtes for men atmod of time as it deems necessary to abate the danger. The PLPs shall ately comply with sun direction. Inthe event the PLPs cat roes that my activity bring*hoed at rho Site is creating or has the patentor to rate a danger to haman health or the miyirs°mreot,the PLEB may cease s mI cc watazs The PLps shall notify Eonlogy's ptojer; coordinator as soon as possible,but no later than 24 hours after making such determination Cr ceases sceh activities. Upon Ecology's 157 Order No,DE 13959 Page 20of2fi duecuon the PEPS shall prone Eulogy with dommentstion of the kis fnr the determination or cersabon of such activthos IfEcolcgydtea with theme OWSW011ofucttunes,it may diem the PIA to resmne s n activities. If Ecology con with or a work stoppage most to this sootier the PEW obit ` with respect tc the ceased acovisies shall be smoked Until Ecology determines the danger is abated,and the time for pert e of curb aenvtties,as well as the tune for any other work depe t upon such activities, shalt be ex in accordance with Section U[ftt (Eatnsion of Schedule) for such period of as Ecology determines is ma to ander the circums o « ; Acta g :n tare mar shall omit the authority of tomato,, its employees; agents, o< contractors to take orregmmapproprin sob on in the eout of an tme.genc . L. Enervation of s srta Tin Offer is not a s ant under :n 1O.1051) ROW, Ecology's si on this Order in no way constitutes a co not to sue or acorn " eof any ofEcelegy'srightsor authority. Ecology will nog however, bring an action the ?Ds to rower TOMS eetian cost paid to and methodby Ecology under this Order. In addition,Ecology will not take additional sic kens against the PEP. regarding remedia1 s required by this Order,provided the PEPS k o sly with this Order; kick nevertheless:menus is tight onterChapter 70.105D RCt9,including the sight to Ike additional m different remedial actions at the Site skald it deem truth atharms nesksary to protect human heaalt, and the en art, and to issue orders such remedial actions, Ecology also restrike all nglgs ream uat the injury to, tionog orloss of natural mantes resulting from the release orthreatened release of Sim soh k at the Site By into this Order.the PEP.do notem to any babdity fbi list Site Although tic Figs am committing to conducting the work- ' by this Order wider tin ur os of this Order,the ELPa expressly reserve all fightta available under law hackling but not bled to the 158 Agreed f:xfe"No• OE 139.5O nam2" ef2b right to seek cost reeoswy or cratundon age est third notes, and the right to assert an defenses to nobility to the event of enforceaaert. M. Transfer of Eaten'in Properly Na volsmtery cooveyanceor relownshmrtt oftitle, casement,leasehold, or otherinterest m any potion of the Site Well he was ` ay PLPs 'without provision for ed rmplemetahou of all requirements of thin Order and Implementation of any remedial schwa found to be necessary as a result of this Order. Poor to PT, s' tomb of any interest m all co any porioo of the Site, and during tee effective period of this Order, PLPs. shall provide a copy of tbzs Order to any praspe tine purchaser, lessee, , assignee, or other su sm m said immesh and, at least 30 rays prior to any transfer, PCPs hall notify Ecology of said trans:ee• Upon transfer of any interest; PCPs abed nobly all transfases transferees of the restuctions on the adivibes and boss of the'impedes rty under dna Her and ineornorate any sten merest chow me the transfer documents; N. Compliance AilApplicablelam's I. MI actions carried act by the PLPs poranant re; this Order shall he done is accordance with all applicable federal, stage, and local rmsirements, meindmg requirements to obtain necessary permits except as provided in ROW 7010511.090• At this time, no federal, slate eaImal menirements have been identified ea being applicable to the actions r by this 0i0a;:: 2 Pitmuart to ROW 70105D.090(1 , the PLPs ate exempt from the promdural d of Chapters 70.94, 70.95. 70105,77S5, 904a,add 905K ROW and of any larva tempting or archotielug local government permits or approvals. However, the PLPs shall comply with the substantive eeq of such permitsor approvals. At#his nine,no state or local permits or 'pinwale have boon sceatded as being applicable but procedurally exempt onderthis Section The Phis have a continuing obligation to determine whether additional r w is soprovahs in ROW 70.1OoD 090(l) would o0beerw•ise be rem'remired for tee remedial 159 ,64-ar Ord:Nc DE 139:59 Papa 22of26 *on aim Se Order. In the event either Peology at the Pills da'aazaa: tort addieaas or appmmals addressed in ROW 7010SD,090(1) wed] otherwise be rcdaaed for to *en under ibis 0 r, it shell p y notify the other petty of its dete 'on Ecology shah detaffine wide: Ecology at the PLPr shall be responsible to enact the obe state tidier local dens.s. If Ecology so requires,the PLPs shall promptly arsit with the appropriate state erWor local spathes andFuld&Ecology with wn ma a: 4a a a those agencies of the substantive ems those apathies believe are applicable to the ratSik action. Ecology shall make the End d 'aanon on the additional Eittentive requiremenmthatmustbemetleythePLPsandonhowthePLPsmustweettheae tits. Ecology shall info is the PLPs ah writing of thaw mon e =c, Oaoa edahlisS.by Imlay, the additional req 1 . shall be eafo * # a$ f of this Orden De PLPS shall not he* or +s a lice the re,mcdial action po as as v subject to the addtnoaal retranatnaan weed Ecology *final a'a au Ktiou 3: aa* to ROW 70,1050,090(2), in the event Ecology dot ` that the exemption from complying with the precadm.l rari' suentr of the laws referenced in, ROW7010317,09a°1) amid out m the lose of val from a f az:w . that is necessary for the State to administer sayf law,the -cations ll not apply and the?Us shah icon y with both the prod l and substantive wo ata of to laws ed is ROW 70107D.tri0(1),including any *to obtain nits a ai .a'.7 aden ThoPtls are to ' and save sndhold the State of WSdngtoa,in yetis; and agruls less frown any and all claims or cau,ses of action for death oT iajada to persons or for loss or iwage to property to the extent ansmg i nor on scentof mag Or OdeSideof the PLPs,their of , employyedagent,oro kiain° *tote *I tmgtbs Net However, Id PIER eboil not ladeakf' the Stet of Washington nor save nor hold its employees aim agen+x hardest from any c aa; or causes of action to the extent aim out of 160 Order No, OS 13959 Pap 2,3of26 the negligent acts or onnssiars of the State of Washington, or the empla aw or agent= of the State;inentwing into or e p - t«lag ranOtt IX SA ACTION OF ORDER Thee ...lions of this Order shall bo ed sanstled upon the PLPe1 receipt of w ' no ` en tom Fah* that the PLPs have completed the remedial activity by No Order, u to by any *lions, and that the PLPs have complied with all ter pistons of tins Agreed Order, 2L ENNTPORCEbIEVT *ad to ROW 70.10SO050,this _ maybe dssfolows: A. The Attorney General may bnug an action to enforce the Other m a state or federal coat: S. The Attorney Owl may s k by Sling an armory if necessary, to =over unts spectby Ecology for snvestt'tggatitwmid=gal*ore aeda'dersrolet to the Site. C, A liable petty who refases,without 'eat cause, to comply with any term of dna Oder will be liable* Up to the iraes ran ant of any eta ' by the State of WasRt cmama oftta refusal toco ly: 2, Cavilpenakim of up to retentylve thousand dollars (S25,000)per day for each day it dug to comply. B This Wetis tot appealable to the W ' gtonPollutionControlHe ' Board This Coder mayhem **tmly aspeided under RED 70.10SD.060 161 4 rerd Order No.DE I1959 Page 24of2k Effective Ede of LE Order: F4317 207 °FREESIAS INCORPORATED `? r/, SML'RCES,TLC LEELYNNiINC.nnd WORE MT, EEC. t Ikk. \ w.� m 0(301/11 EWE SEE EEC STATE OF WAS UJ o N, d ". 1 DED NTOFRCOLOEY NOT nE i ''wv 1,1A M Etfix S•f117 Valerie Sound SEES SIauger TozisCleanag Pro g ffh ? , Cenral Regional Office L teL y' 4(1' ' 04 n ' l or o0Y IT A. SiteDragram rrt J i ( IITD. HScnc4DalatoneSabmrred'lee y `;A/lie"i,rrar4'? 162 Agreed hr e. No DE t3959 Age24a ;ID EAREffeenveRteof iisOEMM , AT L r 1 OFFICE,YIAX INCORPORATED YAXIMA RESOD TLC es"lA` ' LEELYNh,LNL.,and 33ILEYMT,INC, u/A . a 1 t DUNOLLIE ENTERPRISES,TLC { STATE OFW'ASHINGTON, v NCI DEPARTMENTOFECOLOGY --y=#� ' : ` rex {' PILL g J i ' A D; I � ' A ri r IA ti•tT -r IFI dJ r , JI ItA II j,4' u.;i vale's Bound ""And, Se; nn Mango TaeiaECIeAIR?Arm RestFADanel OtMR • `' : fi',' , A. k rRA t .; flits.�`rTR lnRRA titt r At'achn nCc' -i y. s I S 1 i 4kr i.. % J� i 4 III} :.,t II.a Of � f1 1 jil 1 Wx1 h`sA..... EXHIBIT,A. SETDicgram EXHIJ3ITB. 111.Mical Doto to be SODAS ETATTRiely co t;eE:e " kkxtsr. xx. .R PR zo-"' tart:xez' ..'£;k,`£ka": -x �1 5 *. ' „pMtY "'x:--" r- „ "r'. = ux i .##r:: :.r�:€°°.-:-...t� €s�°.rr€=€::: .. #F:::.�:�£t 4 .:: =.y�}:..-. : €°_ 'telly err.. �'� r .s: ,„:r.::.: € xs.-, E ':<,yy,c> „'r :'::rf.t: ':�EEE,'F=:;f:::' :E 41 P p� is � : �.. .�'+ k::.r:r :...„. :. " .:.k:„�t ' ,. „.-r ti .'4.3.:: :: = k lame.04- t ' ,. M r , Xf . _ : 4:ya., fir': '::; k. £ in w : drE Y ' $" E .emu u:£ ' 'o- x . „ ' tr 'IC � yt.; E : }t wzzr.;r:':s.xi m .°ts t. .. ". .n:rr.sr: : . .. . .' tE -. '1 w 164 ApedOrder No.DR 13959 Page 26of26 {1RICALDATA P alx,Inc,Rao II Environmental Sim Assess 4 F er Boise Cascade MD SAd, (DRAFTS D ber200g, 2, Palmas Envirordomtal Conardtiog.lu Otoandwater Sazopl mg Remits forMrseme Attalyss%,ass 20:2tough Sank NA,hoe 10„23:4. 3. F Emirarseatal Coasultiogioc t'uouadw'aler Swigs leads far state vraste disc hargeadmit 201Jl}mugh2013 ( lbplereport ) 4. Ham=fall coastiment agreeing invest' tido(sampled from Maas 2005 to Augiat 23 , 165 EXHIBIT G UTILITY EASEMENT FORM 166 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. 167 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 1 168 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, 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 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 completion 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. 2 169 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 3 170 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. 11. Time is of the Essence. Time shall be of the essence with respect to this Agreement. 4 171 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 remain 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 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 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] 5 172 IN WITNESS WHEREOF the Parties hereto have hereunto executed this Agreement as of the date first above-noted. GRANTOR: By: Name: Title: GRANTEE: By: Name: Title: 6 173 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: 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: 7 174 EXHIBIT A Legal Description of Grantor Property 175 EXHIBIT B Legal Description of Grantee Property 176 EXHIBIT C Legal Description and Map of Public Utility Easement Area 177 EXHIBIT H TEMPORARY CONSTRUCTION EASEMENT FORM 178 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. 179 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 "H" 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 1 180 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 Interim 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 automatically 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. 2 181 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: 3 182 Grantor: Wiley Mt., Inc. Attention: Norman McDougal 600 Dale Kuni Rd. Cresswell, OR 97426 Email: 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 with a copy to: 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 4 183 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. 11. 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 Parties. 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] 5 184 IN WITNESS WHEREOF the Parties hereto have hereunto executed this Agreement as of the date first above-noted. GRANTOR: By: Name: Title: GRANTOR: By: Name: Title: GRANTEE: By: Name: Title: 6 185 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: STATE OF WASHINGTON ) ) SS. COUNTY OFYAKIMA ) 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 7 186 EXHIBIT A Legal Description of Grantor Property 187 EXHIBIT B Legal Description of Grantee Property 188 EXHIBIT C Legal Description and Map of Easement Area 189 EXHIBIT I RECIPROCAL ACCESS AGREEMENT 190 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 Parcel Nos. 191318-12001, 191318-21003, 19 13 1 8-2400 1, 191318-42001, 191318- 42404, 191318-42003, 19 13 1 8-43 539, 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 1 191 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." L 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. 2 192 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 performance 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 3 193 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. 4 194 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 agreements 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. 5 195 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 damages, 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 performance 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 form 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, 6 196 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 ofthe 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: OfficeMax Incorporated Attention: Jessica M. Callow Assistant General Counsel, Litigation Office Depot, Inc. 6600 North Military Trail Boca Raton, FL 33496 Copy to: Noelle Wooten Nelson Mullins Riley & Scarborough LLP One Wells Fargo Center 23rd Floor 301 South College Street Charlotte, NC 28202 noel lc ooten anelsomnullins.coin 7 197 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 wells@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 tiN ells'a,tni -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.corn 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 8 198 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 priorLandfill 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 patties 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 of termination 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 9 199 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: 10 200 LEELYNN, INC. WILEY MT.,INC. By: By: Printed: Printed: Title: Title: Date: Date: CITY OF YAKIMA By: Printed: Title: Date: 11 201 EXHIBIT J YAKIMA CITY COUNCIL RESOLUTION APPROVING EXECUTION OF AGREEMENT 202 RESOLUTION NO. R-2020- A RESOLUTION 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 Clear Tee, City Clerk