HomeMy WebLinkAboutGrant of Easement with United States of America Navy - Interlocal Agreement 2195096RSMMASON CO WA
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When Recorded Return to :
Mason County Public Works
Attention : Loretta Swanson , Director AFFIDAVIT
100 W . Public Works Drive No . . . . . . . . . . . .. . . . . . . . . ... . ....
Shelton , WA 98584 WAR. E . EXCISE TAX
MAR 21 2023
EXEMPT
LISA FRAZIER
Treas. , Mason County
Document Title : Grant of Easement
Grantor : United States of America
Grantee : Mason County -
Abbreviated
Legal Description : NEl / 4NW1 / 4 of Section 28 , T23N , R1W , W . M . ,
Mason County , Washington
Assessor ' s Property
Tax Parcel : 123280060000
GRANT OF EASEMENT N4425523RP00016
THIS INDENTURE , made this A day of 114LY.12C•b , 20a,
between the UNITED STATES OF AMERICA, the Grantor , hereinafter called
the GOVERNMENT , represented by the Commanding Officer , Naval
Facilities Engineering Systems Command Northwest , acting by and
through the Secretary of the Navy , and Mason County , hereinafter
called the GRANTEE .
WHEREAS , the GOVERNMENT owns that certain real property identified
as Shelton-Bremerton-Bangor Railroad , located in Kitsap and Mason
Counties , Washington , hereinafter called the Installation ;
WHEREAS , the GRANTEE has requested an easement for the
construction , installation , operation , maintenance , repair , and
replacement of a sewer line consisting of a 10 -inch PVC gravity
sanitary sewer main that will be encased in a 60 -inch steel casing ,
which will be used by the GRANTEE under that portion of the
Installation hereinafter described ; and
WHEREAS , the Secretary of the Navy has found that the granting of
such an easement on the terms and conditions hereinafter stated is not
incompatible with the public interest ;
NOW THEREFORE , this INDENTURE witnesseth that , pursuant to the
authority of 10 U . S . C . § 2668 , hereby grants to the GRANTEE and its
successors and assigns for a period of 50 years from the date hereof ,
an easement for the construction , installation , operation ,
Page 1 of 11
maintenance , repair , and replacement of a sewer line , such easement
being under that portion of the Installation hereinafter called the
PREMISES , containing 2 , 627 square feet , more or less , and more
specifically described in Exhibit "A" labeled Mason County Sanitary
Sewer Line Easement across US Navy Railroad dated November 10 , 2022 ,
attached hereto and made a part hereof and as depicted on that Record
of Survey filed under Volume 52 , Page 70 , Auditor File Number 2189938 ,
Records of Mason County , attached hereto and made a part hereof .
THIS EASEMENT is granted subject to the following terms and
conditions , which GRANTEE , by its acceptance hereof , specifically
agrees to and consents to be bound by :
1 . CONSIDERATION . In consideration for this Easement , the GRANTEE
shall pay the GOVERNMENT the sum of $ 1 , 900 . 00 , the receipt of which is
hereby acknowledged .
2 . ACCESS BY GRANTEE . The GOVERNMENT grants to the GRANTEE the right
to use the PREMISES , together with the necessary rights of ingress and
egress authorized by the Installation Commanding Officer . The GRANTEE
and its invitees and contractors agree to absorb all costs , including
time and expenses , associated with gaining access to the Installation
under the RAPIDGATE or similar program . Any parking that accompanies
the use of , and any routes of access to and from, the PREMISES are
subject to change at the sole discretion of the Installation
Commanding Officer .
3 , USE BY GOVERNMENT . The GOVERNMENT may use the PREMISES of this
Easement for any purpose that does not unreasonably interfere with the
use and enjoyment by the GRANTEE of the rights granted by this
Easement .
4 . SUBJECT TO EXISTING AND FUTURE EASEMENTS . This Easement is
granted subject to all other existing easements , if any , of public
record , and to such utility lines , roadways , or other improvements as
may now be located under the PREMISES . This Easement is subject to
all existing easements , all other outstanding rights , recorded and
unrecorded , and to all such utility lines , roadways , or other
improvements as may be located under the PREMISES , and to the right of
the GOVERNMENT to grant such additional easements and rights of way
under the PREMISES as it shall determine to be in the public
interest , provided that such additional easements and rights of way
will not unreasonably interfere with the GRANTEE ' s use of the PREMISES
in accordance with this Easement .
5 , APPROVAL OF PLANS . All work performed by the GRANTEE , its agents ,
or contractors in connection with the construction , installation ,
operation , maintenance , repair , and replacement of the sewer line
shall be done without cost or expense to the GOVERNMENT and in
accordance with plans previously approved by the Real Estate
Page 2 of 11 N4425523RP00016
Contracting Officer , Naval Facilities Engineering Systems Command
Northwest or his / her designated local representative .
6 . RESTORATION . Upon completion of any work performed in or upon the
PREMISES , GRANTEE , at its own expense , shall remove all equipment and
unused or surplus materials , if any , and shall restore the PREMISES to
the same , or as good a condition as existed prior to the initiation of
such work , and in a manner satisfactory to the GOVERNMENT as
determined by the Real Estate Contracting Officer , Naval Facilities
Engineering Systems Command Northwest , or his /her designated local
representative .
7 . PROTECTION AND MAINTENANCE OF PREMISES . The GRANTEE , at its own
cost and expense , shall maintain the PREMISES and the sewer line in
good condition at all times and shall promptly make all repairs that
may be necessary for the preservation of the condition of the PREMISES
and the continued operation and maintenance of the sewer line .
8 . DAMAGE TO THE PREMISES . GRANTEE , at its expense , shall repair or
restore any damage to GOVERNMENT property that may occur during the
construction , operation , maintenance , repair and replacement of the
sewer line in a manner satisfactory to the GOVERNMENT as determined by
the Real Estate Contracting Officer , Naval Facilities Engineering
Systems Command Northwest or his /her designated local representative .
GRANTEE , its employees , authorized agents and contractors shall
reimburse the GOVERNMENT for any and all actual costs , direct and
indirect , incurred by the GOVERNMENT as a result of any damage to the
PREMISES caused by their individual or collective actions .
9 . APPLICABLE RULES AND REGULATIONS
a . The GRANTEE ' s rights hereunder shall be subject to such
reasonable rules and regulations as may be prescribed by the
GOVERNMENT to assure that the exercise of those rights will not
unreasonably interfere with the GOVERNMENT ' s activities at the
Installation . The GRANTEE shall adhere to all GOVERNMENT imposed
security rules and regulations in the exercise of such rights .
b . The railroad operator is Puget Sound & Pacific Railroad herein
called PSAP . PSAP must be notified in advance of any construction by
telephone to the Road Master at ( 360 ) 359- 1084 . PSAP may require a
flagman during sewer line activities . PSAP will require a signal
technician on- site during all work near any crossing signal controller
and wiring . All expenses associated with construction , inspection , or
maintenance including flagging shall be borne by GRANTEE .
10 , INDEMNIFICATION . GRANTEE shall indemnify and defend the
GOVERNMENT against , and hold the GOVERNMENT harmless from , any costs ,
expenses , liabilities , fines , suits , actions , damages , liability and
cause of action arising or growing out of , or in any way connected
Page 3 of 11 N4425523RP00016
with , the occupation or use of the PREMISES by the GRANTEE and its
employees , agents , servants , guests , and invitees . However , this
liability shall not extend to matters caused by the GOVERNMENT ' s
negligent or willful acts . This provision shall survive the
expiration or termination of this Easement and GRANTEE ' s obligations
hereunder shall apply whenever the GOVERNMENT incurs costs or
liabilities for the GRANTEE ' s actions .
11 . GRANTEE ' S RESPONSIBILITY
a . The GOVERNMENT shall not be responsible for damages to
property or injuries to persons that may arise from, or be incident
to , the use and occupation of the PREMISES by the GRANTEE , or for
damages to the property or injuries to the persons of the GOVERNMENT ' s
officers , agents , servants , or employees , or others who may be on the
PREMISES at their invitation or the invitation of any one of them
arising from or incident to governmental activities except as
permitted under the Federal Tort Claims Act , 28 U . S . C . §§ 2671 -2680 .
b . Damage , clearing or removal of any timber or forest products
from GOVERNMENT property must be reviewed and approved by the Navy
Forester . The GOVERNMENT will require reimbursement for the value of
any merchantable timber that is removed . If logging of adjacent
property is to be performed , the GRANTEE will work with the Navy
Forester for additional cutting of GOVERNMENT timber in order to avoid
windfall loss due to storms . Merchantable timber removed without
prior permission from the GOVERNMENT , will be treated as theft and can
result in charges up to triple the value of the timber .
c . GRANTEE shall ensure that railroad drainage ditches and slopes
are properly regraded if necessary following utility installation .
d . GRANTEE is responsible to include storm water measures that
incorporate Best Management Practices to prevent the release of
pollutants and runoff .
e . GRANTEE is responsible for sloughing or erosion as a result of
their activities or utility installation .
12 . ROAD CONNECTIONS / GOVERNMENT RESERVATION . " Intentionally
deleted . "
13 . ROAD SURFACE AND DESIGN . " Intentionally deleted . "
14 . ENVIRONMENTAL PROVISIONS
a . GRANTEE shall comply with all applicable environmental laws ,
ordinances , rules , and regulations and all other Federal , state , and
local laws , ordinances , regulations , and standards that are or may
become applicable to GRANTEE ' s activities on the PREMISES .
Page 4 of 11 N4425523RP00016
b . GRANTEE shall be , at its sole cost and expense , solely
responsible for obtaining any environmental permits required for its
activities on the PREMISES .
C . GOVERNMENT ' s rights under this Easement specifically include
the right for its representatives to inspect the PREMISES upon
reasonable notice for compliance with environmental , safety , and
occupational health laws and regulations , whether or not the
GOVERNMENT is responsible for enforcing them . The inspections shall
be made without prejudice to the right of duly constituted enforcement
officials to make them . The GRANTEE shall have no claim on account of
any entries against the United States or any of its officers , agents ,
employees , contractors , or subcontractors .
d . Storage , treatment , or disposal of toxic hazardous materials
on the PREMISES is prohibited except as authorized by the GOVERNMENT
in accordance with 10 U . S . C . § 2692 .
e . The GRANTEE will not use Installation accumulation points for
hazardous and other wastes or permit its hazardous wastes to be
commingled with hazardous waste of the GOVERNMENT .
f . The GRANTEE shall be solely responsible for the release , or
substantial threat of a release , into the environment of any hazardous
substance , pollutant or contaminant as the result of any activity
under this Easement , and any preceding easements , licenses , or rights -
of-way . Any reporting , containment , removal , or other remedial action
relating to a release or threat of release required by law or
regulation shall also be the responsibility of the GRANTEE .
g . The GRANTEE agrees to comply with the provisions of any health
or safety plan in effect under the Installation Restoration Plan or
the Resource Conservation Recovery Act Corrective Action Program
during the course of any of the above described response or remedial
actions . Any inspection , survey , investigation , or other response or
remedial action will be , to the extent practicable , coordinated with
representatives designated by the GOVERNMENT . The GRANTEE shall have
no claim on account of any entries against the United States or its
officers , agents , employees , contractors , or subcontractors . In
addition , GRANTEE shall comply with all applicable Federal , state and
local occupational safety and health regulations .
h . GRANTEE shall , to the extent permitted under applicable law ,
indemnify and hold harmless GOVERNMENT from, and defend GOVERNMENT
against , any damages , costs , expenses , liabilities , fines , suits ,
actions , or penalties resulting from releases , discharges , emissions ,
spills , storage , treatment , disposal , or other acts or omissions by
GRANTEE , its officers , employees , agents , contractors , licensees , or
the invitees of any of them, giving rise to GOVERNMENT liability ,
civil or criminal , or responsibility under federal , state or local
Page 5 of 11 N4425523RP00016
environmental laws . This paragraph shall survive the expiration or
termination of this Easement , and the GRANTEE ' s obligations under this
paragraph shall apply whenever the GOVERNMENT incurs costs or
liabilities for GRANTEE ' s actions . However , this liability shall not
extend to matters caused by the GOVERNMENT ' s negligent or willful
acts .
i . The GRANTEE shall strictly comply with the hazardous waste
permit , storage , handling , and disposal requirements under the Solid
Waste Disposal Act and Resource Conservation and Recovery Act and as
defined in the Washington Dangerous Waste Regulations , WAC 173 -303 .
The GRANTEE must provide at its own expense any hazardous waste
storage facilities , complying with all laws and regulations that it
may need for storage . Installation hazardous waste storage facilities
will not be available to the GRANTEE .
j . GRANTEE shall manage the natural and cultural resources on the
PREMISES in a manner that is consistent with the philosophies and
supportive of the objectives of the Installation ' s Integrated Natural
Resource Management Plan and Integrated Cultural Resource Management
Plan . GRANTEE shall identify any activity that may affect Federally
regulated resources ( listed species , wetlands , waters of the United
States , etc . ) and provide information and mitigation that may be
required to support consultation with the applicable regulatory
agency .
k . GRANTEE shall not undertake any activity that may affect the
characteristics that may make the railroad eligible for inclusion in
the National Register of Historic Places as a district , including , but
not limited to , excavation , construction , alteration , or repairs of
the PREMISES , without the prior approval of Government Technical
Representative who can be reached at ( 360 ) 476 - 6494 and in compliance
with Section 106 of the National Historic Preservation Act ( 54 U . S . C .
§ 306108 ) and its implementing regulation ( 36 C . F . R . Part 800 ) .
1 . GRANTEE shall , during the construction , installation ,
operation , maintenance , and repair of the sewer line , upon
inadvertently discovering Native American human remains , funerary
objects , sacred objects , objects of cultural patrimony , as those terms
are defined in 43 C . F . R . § 10 . 2 ( d ) , immediately notify by telephone
the Government Technical Representative at ( 360 ) 476 - 6494 , followed by
written confirmation . The GRANTEE shall cease all activity in the
area of the inadvertent discovery until directed otherwise by the
Installation . Additionally , the GRANTEE shall take all reasonable
efforts to protect any Native American human remains , funerary
objects , sacred objects , objects of cultural patrimony , so discovered
consistent with 43 C . F . R . 9 10 . 2 ( d ) .
Page 6 of 11 N4425523RPO0016
15 . ENVIRONMENTAL CONDITION OF PROPERTY
a . An Environmental Condition of Property ( ECP ) has been prepared
as of the start date of this Easement to document the known
environmental condition of the property . The ECP dated October 06 ,
2022 is available upon request . At the termination or expiration of
this Easement , another ECP shall be prepared to note the environmental
condition of the property at that time . A comparison of the two ECP
documents shall be made to determine the extent , if any , of liability
on the part of the GRANTEE .
b . For purposes of this Easement the following terms shall have
the following meanings :
( 1 ) " Toxic or Hazardous Materials " means all manner of
substances , pollutants , contaminants , and waste to which Applicable
Environmental Laws pertain , expressly including petroleum , petroleum
products , and materials defined in 48 C . F . R . § 252 . 223 -7006 ( a ) ( ii )
and ( iii ) .
( 2 ) " Contamination " means a level of Toxic or Hazardous
Materials in the air , soil , or water ( surface water or ground water ) ,
that exceeds levels allowed by Applicable Environmental Laws .
( 3 ) "Applicable Environmental Laws " means :
( a ) Federal , state , and local statutes , laws , ordinances ,
rules , and regulations , to which the GOVERNMENT is made subject by
Federal law or to which the GRANTEE is made subject by Federal and
state law ;
( b ) Executive Orders of the President of the United
States ;
( c ) decisions of courts and administrative tribunals of
competent jurisdiction ;
( d ) administrative orders of regulatory agencies of
competent jurisdiction ( involuntary or on consent ) ; and
( e ) regulations and directives of the Department of
Defense , the Department of the Navy , and the Marine Corps ( for Marine
Corps installations only ) , which pertain to the human environment ( as
defined in the National Environmental Policy Act of 1969 ) ;
transportation of hazardous material ; and human health and safety
( including occupational safety ) .
( 4 ) Applicable Environmental Laws include , without limitation ,
the Comprehensive Environmental Response, Compensation , and Liability
Act ( 42 U . S . C . 9601 et seq . ) , the Hazardous Material Transportation
Page 7 of 11 N4425523RP00016
Act ( 49 U . S . C . § 1801 , et seq . ) , the Resource Conservation and
Recovery Act ( 42 U . S . C . § 6901 , et seq . ) , the Clean Water Act ( 33
U . S . C . § 1251 , et seq . ) , the Clean Air Act ( 42 U . S . C . § 7401 , et
seq . ) , the Toxic Substances Control Act ( 15 U . S . C . § 2601 , et seq . ) ,
the Occupational Safety and Health Act ( 29 U . S . C . § 651 , et seq . ) , and
10 U . S . C . § 2692 , as amended .
( 5 ) " Release " means any discharge , spill , emission , leaking ,
pumping , injection , excavation , deposit , disposal , leaching , or
migration into the environment , accidental or otherwise , or
introduction into the environment by any other means or method .
( 6 ) " Remedial Action " means : investigating or monitoring the
environmental condition of the PREMISES and clean-up , removal ,
response ( including emergency response) , and restoration of the
PREMISES , as per Applicable Environmental Laws , due to the presence or
suspected presence of Contamination or a Release or suspected Release
of Toxic or Hazardous Materials .
c . If during the term of this Easement the GRANTEE becomes aware
that a Release of Toxic or Hazardous Materials has occurred due to
acts or omissions of the GRANTEE , its agents , or contractors , whether
or not such Release results in Contamination of the PREMISES , the
GRANTEE will give verbal notice to the GOVERNMENT within 24 hours of
becoming aware of the Release , providing all relevant facts and
circumstances . The GOVERNMENT may direct the GRANTEE to make a
detailed written report of these facts and circumstances within a time
certain .
d . The GRANTEE , at its sole expense , will promptly take all
action necessary to comply with Applicable Environmental Laws
pertaining to a Release described in subparagraph 15b . , including but
not limited to : report the occurrence to appropriate Federal , state ,
or local regulatory authorities , if so directed by the GOVERNMENT ;
take timely and effective steps to minimize the Release and its impact
on human health and the environment ; and take Remedial Action , The
GOVERNMENT may direct the GRANTEE to provide all information requested
by the GOVERNMENT regarding such actions within a time certain .
e . The GRANTEE will ensure that all activities conducted on the
PREMISES by the GRANTEE , its agents , or contractors are carried out in
compliance with Applicable Environmental Laws . The GRANTEE will
provide verbal notice to the GOVERNMENT within 24 hours of receiving
any complaint , order , directive , claim , citation , or notice from any
governmental authority or any other person or entity alleging
noncompliance with or a violation of Applicable Environmental Laws on
the PREMISES . The GRANTEE , at its sole expense , will promptly take
all necessary action directed by Federal , state , or local regulatory
authorities of competent jurisdiction to achieve or regain compliance
with Applicable Environmental Laws . The GOVERNMENT may direct the
Page 8 of 11 N4425523RP00016
GRANTEE to make a detailed written report , within a time certain , of
the facts and circumstances underlying the alleged noncompliance or
violation . Without limitation of the foregoing , the GOVERNMENT , in
response to acts or omissions of the GRANTEE , its agents , or
contractors may , in its discretion , take Remedial Action to remedy
Contamination on the PREMISES or to achieve or regain compliance with
Applicable Environmental Laws .
f . The GOVERNMENT may at any time inspect the PREMISES or cause
the PREMISES to be inspected , to assess whether the operations of the
GRANTEE , its agents , or contractors are in compliance with Applicable
Environmental Laws . To assist in this evaluation , the GRANTEE , its
agents , and contractors will provide to the GOVERNMENT , or another
entity , as the GOVERNMENT may direct , for examination and copying , all
relevant books , records , documents , and other material in their
possession .
g . The GOVERNMENT , with good cause , may from time-to- time require
the GRANTEE to conduct tests and analyses to assess whether the
PREMISES are in compliance with Applicable Environmental Laws , and
based on the results thereof , to so certify to the GOVERNMENT . Such
tests and analyses shall be conducted in a manner satisfactory to the
GOVERNMENT by recognized professionals approved by the GOVERNMENT . If
the GOVERNMENT and the GRANTEE cannot reach agreement as to what tests
and analyses shall be conducted , by whom , and when , the GOVERNMENT may
perform such tests and analyses or cause such tests and analyses to be
performed .
16 . FAILURE TO INSIST ON COMPLIANCE . The failure of the GOVERNMENT
to insist , in any one or more instances , upon performance of any of
the terms , covenants or conditions of this Easement shall not be
construed as a waiver or relinquishment of GOVERNMENT ' S right to the
future performance of any such terms , covenants or conditions and
GRANTEE ' s obligations for their future performance shall continue in
full force and effect .
17 . FEDERAL FUNDS . This Easement does not obligate the GOVERNMENT to
expend any appropriated funds .
18 . ASSIGNMENT /TRANSFER OF RIGHTS . The GRANTEE shall not transfer or
assign this Easement or any interest in it , or otherwise make any
portion of , or rights in , the PREMISES available to any party without
the prior consent of the GOVERNMENT . If any assignment is made , with
or without consent , the assignee shall be deemed to have assumed all
of the obligations of the GRANTEE . However , in no event shall the
GRANTEE be relieved of any of its obligations under this Easement ,
except for an extension of its term that begins after an assignment ,
and then only if the GOVERNMENT shall have consented to it .
Page 9 of 11 N4425523RP00016
19 . TERMINATION
a . If , at any time , the GOVERNMENT determines that the sewer
line , or any portion thereof , unduly interferes with any of its
activities , the GOVERNMENT shall have the right to terminate this
Easement , in whole or in part , to the extent necessary to eliminate
the interference ; however , unless the GOVERNMENT shall have determined
that relocation is not feasible , it shall offer to convey to the
GRANTEE , without charge , a substitute easement permitting the GRANTEE
to relocate the sewer line , or any portion thereof , on adjacent
GOVERNMENT property , which relocation shall be accomplished at the
GRANTEE ' s cost and expense . The substitute easement shall contain the
same terms and conditions as those in this Easement , and shall bear
the same expiration date , if any .
b . All or any part of this Easement may be terminated upon
failure by the GRANTEE to comply with any of its terms and conditions ;
upon abandonment of the rights granted herein ; or upon non-use of
those rights for a period of two consecutive years . Additionally , the
GOVERNMENT may terminate all or any part of this Easement in the
interest of anti -terrorism force protection or national security .
20 . ADMINISTRATIVE COSTS AT EXPIRATION / TERMINATION OF EASEMENT . At
the termination or expiration of this Easement , at the GOVERNMENT ' S
discretion , GRANTEE shall be responsible for administrative costs
associated with completing a final inspection of the PREMISES and
updating the Environmental Condition of Property Report .
21 , SURRENDER . Upon any termination or expiration of this Easement ,
the GRANTEE , at its own expense and risk, shall promptly remove , to
the extent required by the GOVERNMENT , improvements , fixtures , and
equipment installed or constructed hereunder , and shall restore the
PREMISES to the same or as good a condition as that which existed
prior to the exercise by the GRANTEE of its rights hereunder . The
restoration shall be done in a manner satisfactory to the Real Estate
Contracting Officer , Naval Facilities Engineering Systems Command
Northwest , or his / her designated representative and in accordance with
applicable laws and regulations . If the GRANTEE fails to remove the
property as required by the GOVERNMENT , all improvements , chattels ,
and other items abandoned by the GRANTEE become GOVERNMENT property
ninety ( 90 ) days following the date of termination or expiration . If
the GOVERNMENT incurs any cost to remove the items abandoned by the
GRANTEE , the GRANTEE shall reimburse the GOVERNMENT for any and all
actual costs. , direct and indirect , incurred by the GOVERNMENT .
22 . STATEMENT OF COMPLIANCE . This Easement is not subject to the
requirements of 10 U . S . C . § 2662 ( d ) .
23 . ADDITIONS , MODIFICATIONS AND DELETIONS . " Intentionally deleted . "
Page 10 of 11 N4425523RP00016
IN WITNESS WHEREOF , the parties hereto have caused this GRANT OF
EASEMENT to be executed by their duly authorized representatives as of
the day and year first written above .
UNITED STATES OF AMERICA
By :
KELL S " FF -
Real Estat Contracting Officer
Naval Facilities Engineering Systems
Command Northwest
GRANTEE
By : �1
�aridy Nea\her\\Y�
Chair , \J me,
Board of County Commissioners
Mason County, Washington
STATE OF ash\hp,�-pr>
CITY/ COUNTY OF
The foregoing document was acknowledged before me , this day
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Page 11 of 11 N4425523RP00016
EXHIBIT A
MASON COUNTY SANITARY SEWER LINE EASEMENT ACROSS US NAVY RAILROAD
EASEMENT LEGAL DESCRIPTION
A STRIP OF LAND 20 FEET IN WIDTH OVER A PORTION OF THE UNITED STATES NAVY RAILROAD
SITUATED IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 23 NORTH, RANGE 1 WEST, OF THE
WILLAMETTE MERIDIAN, MASON COUNTY, WASHINGTON, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 28;
THENCE SOUTH 88`43117 EAST, 2077.34 FEET TO A POINT ON THE CENTERLINE OF THE UNITED STATES
NAVY RAILROAD RIGHT OF WAY AS RECORDED IN VOLUME 21, PAGES 3148, RECORDS OF MASON
COUNTY, SAID POINT ALSO BEING AT RAILROAD STATION 1335+14,36;
THENCE SOUTH 15014'30 EASTALONG THE CENTERLINE OF SAID RAILROAD, A DISTANCE OF 311.57 FEET
TO RAILROAD STATION 1332+02.79 AND THE POINT OF BEGINNING;
THENCE NORTH 73041114" EAST, 70.01 FEETTO A POINT ON THE EASTERN MARGIN OF SAID RAILROAD
RIGHT OF WAY OPPOSITE RAILROAD STATION 1332+04.10;
THENCE SOUTH 15°14'45" EAST ALONG SAID EASTERN MARGIN, A DISTANCE OF 12.65 FEET;
THENCE CONTINUING ALONG SAID EASTERN MARGIN SOUTH 74045'30" WEST, 10.00 FEET;
THENCE CONTINUING ALONG SAID EASTERN MARGIN SOUTH 15014'45" EAST, 7.54 FEETTO A POINT
OPPOSITE RAILROAD STATION 1331+83,91,
THENCE SOUTH 73041114" WEST, 60.01 FEETTO THE CENTERLINE OF SAID RAILROAD RIGHT OF WAY;
THENCE SOUTH 73*41114" WEST, 60.01 FEET TO A POINT ON THE WESTERN MARGIN OF SAID RAILROAD
RIGHT OF WAY OPPOSITE RAILROAD STATION 1331+81,67;
THENCE NORTH 15014'45" WEST ALONG SAID WESTERN MARGIN, A DISTANCE OF 9.78 FEET,
THENCE CONTINUING ALONG SAID WESTERN MARGIN SOUTH 74045'30" WEST, 10.00 FEET;
THENCE CONTINUING ALONG SAID WESTERN MARGIN NORTH 15°14'45" WEST, 10.03 FEETTO A POINT
OPPOSITE RAILROAD STATION 1332+01,48;
THENCE NORTH 73°41'14" EAST, 70.01 FEETTO THE POINT OF BEGINNING.
AS RECORDED ON RECORD OF SURVEY MAP RECORDED IN VOLUME 52, PAGE 70, UNDER AUDITOR'S
FILE NO, 2189938, RECORDS OF MASON COUNTY, WASHINGTON .
(2,627 SQ. FT., MORE OR LESS)
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WASHINGTON STATE REGISTRATION NO. 45792
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EXHIBIT A
MASON COUNTY SANITARY SEWER LINE EASEMENT ACROSS US NAVY RAILROAD
EASEMENT LEGAL DESCRIPTION
A STRIP OF LAND 20 FEET IN WIDTH OVER A PORTION OF THE UNITED STATES NAVY RAILROAD
SITUATED IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 23 NORTH, RANGE 1 WEST, OF THE
WILLAMETTE MERIDIAN, MASON COUNTY, WASHINGTON, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING ATTHE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 28;
THENCE SOUTH 88*43117 EAST, 2077 .34 FEET TO A POINT ON THE CENTERLINE OF THE UNITED STATES
NAVY RAILROAD RIGHT OF WAY AS RECORDED IN VOLUME 21, PAGES 31-48, RECORDS OF MASON
COUNTY, SAID POINT ALSO BEING AT RAILROAD STATION 1335+14,36;
THENCE SOUTH 15014'30 EAST ALONG THE CENTERLINE OF SAID RAILROAD, A DISTANCE OF 311.57 FEET
TO RAILROAD STATION 1332+02.79 AND THE POINT OF BEGINNING;
THENCE NORTH 73041114/1 EAST, 70.01 FEET TO A POINT ON THE EASTERN MARGIN OF SAID RAILROAD
RIGHT OF WAY OPPOSITE RAILROAD STATION 1332+04, 10;
THENCE SOUTH 15014'45" EAST ALONG SAID EASTERN MARGIN, A DISTANCE OF 12 .65 FEET;
THENCE CONTINUING ALONG SAID EASTERN MARGIN SOUTH 74045130/1 WEST, 10.00 FEET;
THENCE CONTINUING ALONG SAID EASTERN MARGIN SOUTH 1501414511 EAST, 7.54 FEET TO A POINT
OPPOSITE RAILROAD STATION 1331+83,91;
THENCE SOUTH 730411141/ WEST, 60.01 FEET TO THE CENTERLINE OF SAID RAILROAD RIGHT OF WAY;
THENCE SOUTH 7304111411 WEST, 60.01 FEET TO A POINT ON THE WESTERN MARGIN OF SAID RAILROAD
RIGHT OF WAY OPPOSITE RAILROAD STATION 1331+81 ,67;
THENCE NORTH 15014'45 " WEST ALONG SAID WESTERN MARGIN, A DISTANCE OF 9.78 FEET;
THENCE CONTINUING ALONG SAID WESTERN MARGIN SOUTH 74045130/1 WEST, 10.00 FEET;
THENCE CONTINUING ALONG SAID WESTERN MARGIN NORTH 15014/45/1 WEST, 10.03 FEET TO A POINT
OPPOSITE RAILROAD STATION 1332+01,48;
THENCE NORTH 7304111411 EAST, 70.01 FEET TO THE POINT OF BEGINNING,
AS RECORDED ON RECORD OF SURVEY MAP RECORDED IN VOLUME 52, PAGE 70, UNDER AUDITOR 'S
FILE NO . 2189938, RECORDS OF MASON COUNTY, WASHINGTON,
(21627 SQ. FT., MORE OR LESS)
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TIMOTHYJ. MCDANIEL, P. L.S,
WASHINGTON STATE REGISTRATION NO, 45792
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