HomeMy WebLinkAboutO-2479 - Condemnation, appropriation of property (Special)-----.---._---------------------------------------,
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CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE No.J,Cf7 9
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
AUTHORIZING THE CONDEMNATION,APPROPRIATION,TAKING AND
DAMAGING OF LAND AND OTHER PROPERTY FOR THE IMPROVEMENT OF
THE WASTE WATER EFFLUENT TRANSFER LINE BETWEEN THE CITY OF
MARYSVILLE AND THE CITY OF EVERETT.
WHEREAS,the City Council of the City of Marysville (hereinafter the "City")finds as
follows:
1.Public safety, convenience, use and necessity demand the upgrade of the City's
sewer treatment facilities including, but not limited to, the construction of a waste water effluent
discharge line to comply with Department of Ecology's National Pollutant Discharge Elimination
System.
2. The City has conducted engineering studies and has determined that the most
feasible location for the sewer line upgrade is in the location described in EXHIBIT"A" attached
hereto and incorporated herein by this reference.For purposes of security,maintenance and
operation, it has been determined the City will need to acquire additional property on each side of
the line, as also described in EXIDBIT "A."
3. The City's engineers have determined that the project will require acquisition
of temporary construction easements as also described in EXHIBIT"A."
4. The entire cost of the acquisition provided by this ordinance shall be paid by the
following funds of the City:
Fund No. 402 (Utility Construction Fund)
or such other funds of the City as may be provided by law.
5. The City and certain property owners may be unable to agree upon the
compensation to be paid for said properties.
6. The City has authority pursuant to RCW 8.12 to acquire, if necessary, title to real
property for public purposes.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
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I.The City is hereby authorized to condemn, appropriate, take and damage the fee
interests and easements upon the real property located between the City of Marysville and the City
of Everett as described in EXHIBIT "A" hereto.
2. The use of the property described in EXHIBIT "A" is to improve the City's waste
water discharge line, which is a permanent public use that is reasonably necessary.
3. The lands, rights, privileges, easements and other property as described in
EXHIBIT "A" are hereby authorized to be condemned, appropriated, taken and damaged for the
purpose of improving the City's waste water discharge line. All lands, rights, privileges,
easements and other properties are to be taken, damaged and appropriated only after just
compensation has been made, or paid into the court for the owners thereof in the manner provided
by law.
4. The cost of the acquisition provided for by this ordinance shall be paid by the
following funds of the City:
Fund No. 402 (Utility Construction Fund)
or such other funds as may be provided by law.
S. The City's attorneys should be and hereby are authorized and directed to begin and
prosecute the actions and proceedings in a manner provided by law to carry out the provisions of
this ordinance, and to enter into settlements to mitigate damages.
PASSED by the City Council and APPROVED by the Mayor this ~ay of June,
2003.
MAYOR
CITY~t~YSVILLE
By ~(l.L2:.L'vM~-1---__-----::-::-
ATTEST:
BY~~~~CLERK
Approved as to form:
By-LJAtn-.:k (,(;)~
CITY ATTORNEY
Date of Publication:7 <2 -()3
1-]-())Effective Date (S days after publication):_-'---'----"'----""'-----
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EXHIBIT "A"
Mary Corporation 30053300200400 (whole property)
That portion of Section 33,Township 30 North, Range 5 East, W.M., in Snohomish County,
Washington,described as follows:
Beginning at a point on the South Bank of Ebey Slough 28.05 chains South and 15.91 chains East
of the Northwest corner of Section 33;
Thence (variation 22 0 East) South 48.17 chains to the North bank of Steamboat Slough;
Thence North 80
0 East 9.93 chains along the North bank of said Steamboat Slough;
Thence South 72
0 30'East 7.58 chains;
Thence South 60
0 East 8.64 chains;
Thence North 1
0 East 8.33 chains to the South bank of Ebey Slough;
Thence North 24
045'West 3.03 chains;
Thence North 10
030'West 19.70 chains;
Thence North 32
0 West 6.82 chains;
Thence North 37
0 West 6.82 chains;
Thence North 32
0 30'West 3.79 chains;
Thence North 45
0 IS' West 1.52 chains;
Thence North 49
0 West 7.17 chains;
Thence North 560 West 4.29 chains to the point of beginning;
EXCEPT that portion conveyed to Cherry Valley Logging Co. under Recording Number 276983
and recorded on October 28, 1920;
AND EXCEPT State Road No.1;
AND EXCEPT additional right-of-way for State Road No. I as condemned in Cause No. 52083
and Cause No. 82943;
AND EXCEPT portion conveyed to Duane A. Droullard by Warranty Deed recorded under
Recording Number 2088540,described as follows;
All that portion of Government Lot 9, Section 33,Township 30 North, Range 5 East, W.M.,
described as follows:
Beginning at a point of intersection of the Easterly margin of the Great Northern Railroad right-of-
way and the Government meander line of the South bank of Ebey Slough said point being 1,548.66
feet South and 769.66 feet East of the Northwest corner of said Section 33, the bearing of the West
line of said Section 33, being South 0
0 03'03"West;
Thence South 74
0 56'57" East along said meander line 290.57 feet;
Thence South 55
0 56'57" East 164.95 feet to a point on the Westerly margin of State Road No.1
as approved in 1927;
Thence South 31
001'West along said Westerly margin 242.20 feet to Highway Station, 19 +72,
said point being the point of a curve and Highway Station D Line 19 +76.7;
Iwpflmv/w astewater.ord2 3
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Thence North 58°59'West at right angles along the Radius of the point of curve 6.0 feet;
Thence South 31°01'West along the Westerly margin of the 0 line 29.10 feet to Highway State
0-19 +14.6 and point of curve;
Thence Southwesterly along the arc of a curve to the right having a radius of 905.0 feet and
through a central angle of 4° 54' a distance of 77.40 feet to appoint of tangent and a highway
concrete right-of-way marker;
Thence South 35°55'West 299.79 feet to an intersection with the Westerly margin of said O-line
and the Easterly margin of PSH No. I (SR-5) an existing concrete right-of-way marker marked 17
+06.90;
Thence North 21°24'West along said Easterly margin of 332.11 feet to an intersection with said
Easterly margin ofPSH No.1 (SR-5) and the Easterly margin of the Great Northern Railway right-
of-way;
Thence North 9°40'30" East along said railway right-of-way 401.14 feet to the said meander line
and the point of beginning;
AND EXCEPT tract conveyed by Mae Olney Comeford and T.F. Comeford, her husband, to
Snohomish River Boom Company, a corporation by Deed dated March I, 1912 and recorded in
Volume 142 of Deeds on Page 572, records of Snohomish County, Washington as follows:
Real estate located in the South one-half of Section 33, Township 30 North, Range 5 East W.M.,
being all the land lying between a line which is 50 feet to the left of and parallel with the located
centerline of the O'Neal-Gowen Company Railroad Spur, the North bank of Steamboat Slough,
and the East line of the right-of-way of the Great Northern Railroad Company, which land is more
particularly described as follows:
Beginning at the corner of Sections 28, 29, 32, and 33, Township 30 North, Range 5 East, W.M.;
Thence run South 0° 10' 57" East along the section line between Sections 32 and 33, a distance of
4,294.87 feet;
Thence North 89°49'03" East at right angles to said section line a distance of 304.13 feet to a
point on the East line of the right-of-way of the Great Northern Railroad Company which point is
50.0 feet from and at right angles to the located point of curve of the O'Neal-Gowen company's
spur and is known as the initial point of this description;
Thence on a curve to the South whose radius is 1,096.28 feet, parallel with and 50 feet from the
center line of a located spur through an angle of 5° 13' 00" a distance of99.82 feet to a point of
compound curve;
Thence on a curve to the left whose radius is 409.28 feet parallel to and 50 feet from the centerline
of a located spur through an angle of 102° 47' 00" a distance of 734.21 feet to a point of tangent;
Thence North 81°28'20" East a distance of 750.03 feet to a point of curve;
Thence on a curve to the right whose radius is 623.69 feet through an angle of 19°57'00" a
distance of 217.] 6 feet to a point of tangent;
Thence South 78°34'40" East a distance of 132.08 feet to a point of curve;
Thence on a curve to the right whose radius is 1,I96.28 feet through an angle of 8°35'40" a
distance of 179.44 feet to a point of tangent;
Thence South 69°59'00" East a distance of 114.59 feet to a point of curve;
Exhibit A - 4
wpf/mvlord.sr528
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Thence on a curve to the right whose radius is 1,196.28 feet through an angle of 10° a distance of
208.79 feet to a point of tangent;
Thence South 59°59'00" East a distance of 31.56 feet;
Thence South 30° 0 I'00" West a distance of 50 feet, more or less to the North bank of Steamboat
Slough;
Thence Westerly along the North bank of Steamboat Slough a distance of2,1 85 feet, more or less,
to the Easterly line of the Great Northern Railway Company's right-of-way;
Thence North 9°27'00" East along the Easterly line of the Great Northern Railway Company's
right-of-way a distance of 500 feet, more or less, to the initial point as above described.
[Assessor's Parcel No.300533-002-004-00]
Easement Description for Mary Corporation 30053300200400:
Those portions of the above described lands and premises lying within a permanent easement 50
feet in width, being 25 feet on each side of the following described centerline,and also a
temporary construction easement 100 feet in width, being 50 feet on each side of the same
described centerline:
COMMENCING at the southwest corner of Section 4, Township 29 North, Range 5 East,
Willamette Meridian;
Thence North 0 27'II"West along a line in the direction of the Meander Corner on the right bank
of Steamboat Slough, common to Sections 32 and 33,Township 30 North, Range 5 East,
Willamette Meridian,as shown on Record of Survey, Auditors File number 200012045003,
records of Snohomish County, Washington, 2954.00 feet to the intersection of the design
centerline of an effluent transfer pipeline [south pipeline station 83+34.47] and the POINT OF
BEGINNING of the centerline herein described;
Thence North 24 22' 15" East along said centerline a distance of276.39 feet to the south side
Union Slough at mean high water [south pipeline station 80+50.08];
Thence North 24 22'15" East along said centerline a distance of265.93 feet to a point of
curvature of said centerline,curving to the right, with a 2100.00 foot radius, and a full delta angle
of 15 45'30", [south pipeline station 77+92.15];
Thence along said curve a distance of259.55 feet to the north side Union Slough at mean high
water [south pipeline station 75+32.60];
Thence continuing along said curve 318.02 feet to the point of tangency of said centerline [south
pipeline station 72+14.58];
Thence North 40 07'45" East along said centerline a distance of 514.58 feet to the north end of
the south pipeline alignment [south pipeline station 67+00];
Thence North 85 28'16" East 166.66 feet to the south end of the centerline of the north pipeline
alignment [north pipeline station 54+39.60];
Exhibit A - 5
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Thence North 60 08' 36" East along said centerline a distance of 775.16 feet to a point of
curvature of said centerline,curving to the left, with a 3600.00 foot radius, and a full delta angle of
1932'37",[north pipeline station 46+64.43];
Thence along said curve a distance of 167.89 feet to the south side Steamboat Slough at mean high
water [north pipeline station 44+96.54];
Thence continuing along said curve 663.08 feet to the north side Steamboat Slough at mean high
water [north pipeline station 38+33.46];
Thence continuing along said curve 396.99 feet to the point of tangency of said centerline [north
pipeline station 34+36.47];
Thence North 40 36'02" East along said centerline a distance 5.86 feet to the south side of Ebey
Slough at mean high water [north pipeline station 34+30.61] and TERMINUS of said centerline;
Thence continue North 40 36'02" East 72.96 feet [north pipeline station 33+57.65] to the east line
of the Southwest quarter of Section 33, Township 30 North, Range 5 East,Willamette Meridian;
Thence North I 02' 36" East along said east line 4739.07 feet to the north quarter corner of said
Section 33 and the end of this description.
The sidelines of said easements are to be shortened and/or lengthened so as to terminate at the
property lines of the above described lands and premises.
2.Thomas A.Little,Thomas J.Little and Julie Baker 29050400200200 (whole
property)
That portion of the following described property lying East of the East line of Interstate Highway
No.5;
From Government meander corner between Sections 4 and 5,Township 29 North, Range 5 East,
W.M. in Snohomish County, Washington, on the South bank of Steamboat Slough running North
89° East along Government meander line 410.19 feet to an intersection with the Easterly line right
of way of the Pacific Highway the True Point of Beginning;
Thence following the Government meander line North 89° East 381.88 feet;
Thence North 83° East 369.6 feet;
Thence East 600 feet;
Thence South 85° East 264 feet;
Thence South 70° East 211.2 feet;
Thence South 61° East 277.2 feet;
Thence South 50° East 508.2 feet;
Thence South 45° East 98.75 feet to a point;
Thence leaving Government meander line and running South 9° 15' West 283.94 feet;
Exhibit A - 6
wpf/mvlord.sr528
1
Thence North 71°20'45" West 240.1 feet to a hub at fence corner described in option description
recorded in Volume 240 of Deeds, at page 561,Auditor's Office of Snohomish County,
Washington;
Thence continuing on same course North 71°20'45" West 920.21 feet to a hub as described in
option description aforesaid;
Thence South 89°47'48" West ]345.49 feet to a hub described in option description;
Thence North 85°34'22" West 99.82 feet to an intersection with the Easterly line.of the right of
way of Pacific Highway;
Thence following along said Easterly line of right of way of Pacific Highway North 9° 15' East
486.79 feet to the True Point of Beginning, being a part of Section 4,Township 29 North, Range 5
East, W.M. in Snohomish County, Washington;
EXCEPT that portion thereof lying West of the East line of Primary State Highway;
TOGETHER WITH uplands, if any, and tide lands of the second class on Steamboat Slough lying
in front of the above described tract;
EXCEPT portion for Interstate Highway No.5.
Situate in the County of Snohomish,State of Washington.
[Assessor's Parcel No.290504-002-002-00]
Easement Description for Thomas A.Little,Thomas J.Little and Julie Baker
29050400200200:
Those portions of the above described lands and premises lying within a permanent easement 50
feet in width, being 25 feet on each side of the following described centerline,and also a
temporary construction easement 100 feet in width, being 50 feet on each side of the same
described centerline:
COMMENCING at the southwest corner of Section 4,Township 29 North, Range 5 East,
Willamette Meridian;
Thence North 0 27'I]"West along a line in the direction of the Meander Corner on the right bank
of Steamboat Slough, common to Sections 32 and 33,Township 30 North, Range 5 East,
Willamette Meridian,as shown on Record of Survey,Auditors File number 200012045003,
records of Snohomish County, Washington, 2954.00 feet to the intersection of the design
centerline of an effluent transfer pipeline [south pipeline station 83+34.47] and the POINT OF
BEGINNING of the centerline herein described;
Thence North 24 22'15" East along said centerline a distance of276.39 feet to the south side
Union Slough at mean high water [south pipeline station 80+50.08];
Thence North 24 22'15" East along said centerline a distance of265.93 feet to a point of
curvature of said centerline,curving to the right, with a 2] 00.00 foot radius, and a full delta angle
of 15 45'30", [south pipeline station 77+92.15];
Thence along said curve a distance of259.55 feet to the north side Union Slough at mean high
water [south pipeline station 75+32.60];
Thence continuing along said curve 318.02 feet to the point of tangency of said centerline [south
pipeline station 72+14.58];
Exhibit A - 7
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Thence North 40 07'45"East along said centerline a distance of 514.58 feet to the north end of
the south pipeline alignment [south pipeline station 67+00];
Thence North 85 28'16" East 166.66 feet to the south end of the centerline of the north pipeline
alignment [north pipeline station 54+39.60];
Thence North 60 08' 36" East along said centerline a distance of775.16 feet to a point of
curvature of said centerline,curving to the left, with a 3600.00 foot radius, and a full delta angle of
1932'37",[north pipeline station 46+64.43];
Thence along said curve a distance of 167.89 feet to the south side Steamboat Slough at mean high
water [north pipeline station 44+96.54];
Thence continuing along said curve 663.08 feet to the north side Steamboat Slough at mean high
water [north pipeline station 38+33.46];
Thence continuing along said curve 396.99 feet to the point of tangency of said centerline [north
pipeline station 34+36.47];
Thence North 40 36'02" East along said centerline a distance 5.86 feet to the south side of Ebey
Slough at mean high water [north pipeline station 34+30.61] and TERMINUS of said centerline;
Thence continue North 40 36'02" East 72.96 feet [north pipeline station 33+57.65] to the east line
of the Southwest quarter of Section 33,Township 30 North, Range 5 East,Willamette Meridian;
Thence North 1 02'36" East along said east line 4739.07 feet to the north quarter corner of said
Section 33 and the end of this description.
The sidelines of said easements are to be shortened and/or lengthened so as to terminate at the
property lines of the above described lands and premises.
3.Bruce M.Moser and Louise S.Moser 29050400201000 (whole property)
From Government meander corner between Sections 4 and 5,Township 29 North,Range 5 East,
W.M. in Snohomish County, Washington on the South bank of Steamboat Slough running North
89° East along Government meander line 410.19 feet to an intersection with the Easterly line of
the right of way at the Pacific Highway;
Thence following the Government meander line north 89° East 38I.88 feet to the true point of
beginning;
Thence North 83° East 369.6 feet;
Thence East 600 feet;
Thence South 85° East 264 feet;
Thence South 70° East 211.2 feet;
Thence South 61° East 277.2 feet;
Thence South 50° East 508.2 feet;
Thence South 45° East 98.75 feet to a point;
Thence leaving Government meander line and running South 9° 15' West 283.94 feet;
Exhibit A - 8
wpflmv/ord.sr528
·.
Thence North 71°20'45" West 240.1 feet to a hub at fence corner described in option description
recorded in Volume 240 of Deeds, at page 561,Auditor's Office of Snohomish County,
Washington;
Thence continuing on the same course North 71° 20' 45" West 920.21 feet to a hub set at Westerly
end offence and as described in option description aforesaid;
Thence South 89°47'48" West 1345.49 feet to a hub as described in option description;
Thence North 85°34'22" West 99.82 feet to an intersection with the Easterly line of the right of
way of Pacific Highway;
Thence following along said Easterly line right of way of Pacific Highway North 9° 15' East
486.79 feet to the commencement point;
Thence following the meander line North 89° East 381.88 feet to the true point of beginning;
EXCEPT that portion thereof lying West of the East line of Primary State Highway; also
EXCEPT that portion lying East of the Westerly right of way margin of Interstate Highway No.5;
also
EXCEPT any portion lying Westerly of a line that extends South 9° 15' West from the true point
of beginning;
TOGETHER WITH uplands if any and tide lands of the second class on Steamboat Slough lying
in front of the above described Tract.[Assessor's Parcel No.290504-002-010-00J
Easement Description for Bruce M.Moser and Louise S.Moser 29050400201000:
Those portions of the above described lands and premises lying within a permanent easement 50
feet in width, being 25 feet on each side of the following described centerline:
COMMENCING at the southwest corner of Section 4,Township 29 North, Range 5 East,
Willamette Meridian;
Thence North 0 27'II" West along a line in the direction of the Meander Corner on the right bank
of Steamboat Slough, common to Sections 32 and 33, Township 30 North, Range 5 East,
Willamette Meridian,as shown on Record of Survey, Auditors File number 200012045003,
records of Snohomish County, Washington, 2954.00 feet to the intersection of the design
centerline of an effluent transfer pipeline [south pipeline station 83+34.47Jand the POINT OF
BEGINNING of the centerline herein described;
Thence North 24 22' 15" East along said centerline a distance of276.39 feet to the south side
Union Slough at mean high water [south pipeline station 80+50.08J;
Thence North 24 22'15" East along said centerline a distance of 265.93 feet to a point of
curvature of said centerline,curving to the right, with a 2100.00 foot radius, and a full delta angle
of 15 45'30", [south pipeline station 77+92.15J;
Thence along said curve a distance of259.55 feet to the north side Union Slough at mean high
water [south pipeline station 75+32.60];
Thence continuing along said curve 318.02 feet to the point of tangency of said centerline [south
pipeline station 72+14.58J;
Exhibit A - 9
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Thence North 40 01'45" East along said centerline a distance of 484.05 feet to south pipeline
station 67+30.52;
Thence South 88° 19' 02" East 208.64 feet;
Thence North 0I°26'38" East 56.51 feet to north pipeline station 54+11.73;
Thence North 60 08'36" East along said centerline a distance of 292.89 feet to a point A, which
lies on the westerly right of way line of State Highway SR 5;
Thence continuing North 6008'36" East along said centerline a distance of 454.41 feet to a point
of curvature of said centerline,curving to the left, with a 3600.00 foot radius, and a full delta
angle of 1932'37",[north pipeline station 46+64.43];
Thence along said curve a distance of 167.89 feet to the south side Steamboat Slough at mean high
water [north pipeline station 44+96.54];
Thence continuing along said curve 663.08 feet to the north side Steamboat Slough at mean high
water [north pipeline station 38+33.46];
Thence continuing along said curve 396.99 feet to the point of tangency of said centerline [north
pipeline station 34+36.47];
Thence North 40 36'02" East along said centerline a distance 5.86 feet to the south side of Ebey
Slough at mean high water [north pipeline station 34+30.61] and TERMINUS of said centerline;
Thence continue North 40 36' 02" East 72.96 feet [north pipeline station 33+57.65]to the east line
of the Southwest quarter of Section 33,Township 30 North, Range 5 East,Willamette Meridian;
Thence North I 02' 36" East along said east line 4739.07 feet to the north quarter corner of said
Section 33 and the end of this description.
The sidelines of said easements are to be shortened and/or lengthened so as to terminate at the
property lines of the above described lands and premises.
AND ALSO a temporary construction easement being those portions of the above described lands
and premises lying northerly of said permanent easement and southerly of a line described as
follows:
Beginning at said point A;
Thence North 06°32'03" West along said westerly right of way line of SR 5 a distance of 54.45
feet;
Thence South 60°08'36" West 254.79 feet;
Thence North 01°26'38" East 129.50 feet;
Thence North 87° 00' 46" West 183.05 feet;
Thence South 18°42'23" West 206.27 feet;
Thence South 40°01'45" West 144.87 feet more or less to a TERMINUS on the southerly
boundary of the above described lands and premises;
Exhibit A - 10
wpf/mv/ord.sr528
AND ALSO a temporary construction easement being those portions of the above described lands
and premises lying southerly of said permanent easement and northerly and westerly of a line
described as follows:
Beginning at said point A;
Thence South 06°32'03" East along said westerly right of way line ofSR 5 a distance of54.45
feet;
Thence South 60°08'36" West 272.48 feet to the easterly boundary of said permanent easement;
Thence South 01°26'38" West along said easterly margin 38.30 feet to the southerly margin of
said permanent easement;
Thence North 88° 19' 02" West along said southerly margin 189.86 feet;
Thence South 40° 07' 45" West 27.34 feet more or less to a TERMINUS on the southerly
boundary of said lands and premises.
4.Port of Everett 29050400200300 (whole property)
That portion of Government Lot 4, lying East ofSR 5 (Highway 99) and lying West ofSR-1
(Interstate 5), all in Section 4,Township 29 North, Range 5 East, W.M. in Snohomish County,
Washington;
EXCEPT that portion described as follows:
From Government meander comer between Sections 4 and 5,Township 29 North, Range 5 East,
W.M. in Snohomish County, Washington, on the South bank of Steamboat Slough running North
89° East along Government meander line 410.19 feet to an intersection with the Easterly line right
of way of the Pacific Highway;
Thence following the Government meander line North 89° East 381.88 feet to the True Point of
Beginning;
Thence North 83° East 369.6 feet;
Thence East 600 feet;
Thence South 85° East 264 feet;
Thence South 70° East 211.2 feet;
Thence South 61° East 277.2 feet;
Thence South 50° East 508.2 feet;
Thence South 45° East 98.75 feet to a point;
Thence leaving Government meander line and running South 9° 15' West 283.94 feet;
Thence North 71° 20' 45" West 240.1 feet to a hub at fence corner described in option description
recorded in Volume 240 of Deeds, at page 561,Auditor's Office of Snohomish County,
Washington;
Thence continuing on same course North 71 °20'45" West 920.21 feet to a hub set at Westerly
end of fence as described in option description aforesaid;
Thence South 89°47'48" West 1345.49 feet to a hub as described in option description;
Exhibit A - II
w pf/mv/ord,sr528
Thence North 85°34'22" West 99.82 feet to an intersection with the Easterly line of the right of
way of Pacific Highway;
Thence following along said Easterly line of right of way of Pacific Highway North 9° 15' East
486.79 feet to the commencement point;
Thence following the meander line North 89° East 381.88 feet to the True Point of Beginning;
EXCEPT that portion thereoflying West of the East line of Primary State Highway;
ALSO EXCEPT that portion lying East of the Westerly right of way margin oflnterstate Highway
No.5;
ALSO EXCEPT any portion lying Westerly of a line that extends South 9° 15' West from the True
Point of Beginning.
Situate in the County of Snohomish, State of Washington.
[Assessor's Parcel No.290504-002-003-00]
Easement Description for the Port of Everett 29050400200300:
Those portions of the above described lands and premises lying within a permanent easement 50
feet in width, being 25 feet on each side of the following described centerline,and also a
temporal)'construction easement 100 feet in width, being 50 feet on each side of the same
described centerline:
COMMENCING at the southwest corner of Section 4,Township 29 North,Range 5 East,
Willamette Meridian;
Thence North 027'II"West along a line in the direction of the Meander Corner on the right bank
of Steamboat Slough, common to Sections 32 and 33,Township 30 North, Range 5 East,
Willamette Meridian,as shown on Record of Survey, Auditors File number 200012045003,
records of Snohomish County, Washington, 2954.00 feet to the intersection of the design
centerline of an effluent transfer pipeline [south pipeline station 83+34.47]and the POINT OF
BEGINNING of the centerline herein described;
Thence North 24 22'15" East along said centerline a distance of276.39 feet to the south side
Union Slough at mean high water [south pipeline station 80+50.08];
Thence North 24 22'15" East along said centerline a distance 0 f265.93 feet to a point of
curvature of said centerline,curving to the right, with a 2100.00 foot radius, and a full delta angle
of 1545'30", [south pipeline station 77+92.15];
Thence along said curve a distance of259.55 feet to the north side Union Slough at mean high
water [south pipeline station 75+32.60];.
Thence continuing along said curve 318.02 feet to the point of tangency of said centerline [south
pipeline station 72+14.58];
Thence North 40 07' 45" East along said centerline a distance of 514.58 feet to the north end of
the south pipeline alignment [south pipeline station 67+00];
Thence North 85 28'16" East 166.66 feet to the south end of the centerline of the north pipeline
alignment [north pipeline station 54+39.60];
Exhibit A - 12
wpf/mv/ord.sr528
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Thence North 60 08' 36" East along said centerline a distance of 775.16 feet to a point of
curvature of said centerline,curving to the left, with a 3600.00 foot radius, and a full delta angle of
1932'37",[north pipeline station 46+64.43];
Thence along said curve a distance of 167.89 feet to the south side Steamboat Slough at mean
high water [north pipeline station 44+96.54];
Thence continuing along said curve 663.08 feet to the north side Steamboat Slough at mean high
water [north pipeline station 38+33.46];
Thence continuing along said curve 396.99 feet to the point of tangency of said centerline [north
pipeline station 34+36.47];
Thence North 40 36'02" East along said centerline a distance 5.86 feet to the south side of Ebey
Slough at mean high water [north pipeline station 34+30.61] and TERMINUS of said centerline;
Thence continue North 40 36'02" East 72.96 feet [north pipeline station 33+57.65] to the east line
of the Southwest quarter of Section 33,Township 30 North, Range 5 East,Willamette Meridian;
Thence North I 02' 36" East along said east line 4739.07 feet to the north quarter corner of said
Section 33 and the end of this description.
The sidelines of said easements are to be shortened and/or lengthened so as to terminate at the
property lines of the above described lands and premises.
5.Bradley F.Rengen Tidelands 29050400200600 (whole property)
That part of Second Class Tide Lands situate in front of,adjacent to or abutting Government Lot
8, Section 4,Township 29 North, Range 5 East, W.M., in Snohomish County,Washington,also
abutting on those portions of Government Lot 6 of Section 5,Township 29 North, Range 5 East,
W.M. lying Easterly of the Great Northern Railway right of way;
Excepting those portions of said tidelands lying Easterly of the right of way of State Highway No.
I, also known as State Route 529, and excepting any portion lying within said Section 5.
[Assessor's Parcel No.290504-002-006-00]
Easement Description for Rengen Tidelands 29050400200600:
Those portions of the above described lands and premises lying within a permanent easement 50
feet in width, being 25 feet on each side of the following described centerline,and also a
temporary construction easement 100 feet in width, being 50 feet on each side of the same
described centerline:
COMMENCING at the southwest corner of Section 4,Township 29 North,Range 5 East,
Willamette Meridian;
Thence North 0 27'II"West along a line in the direction of the Meander Comer on the right bank
of Steamboat Slough, common to Sections 32 and 33,Township 30 North, Range 5 East,
Willamette Meridian,as shown on Record of Survey, Auditors File number 200012045003,
Exhibit A - 13
w pflmv/ord.sr528
, r
records of Snohomish County,Washington,2954.00 feet to the intersection of the design
centerline of an effluent transfer pipeline [south pipeline station 83+34.47] and the POINT OF
BEGINNING of the centerline herein described;
Thence North 24 22' 15" East along said centerline a distance of 276.39 feet to the south side
Union Slough at mean high water [south pipeline station 80+50.08];
Thence North 24 22'15" East along said centerline a distance of265.93 feet to a point of
curvature of said centerline,curving to the right, with a 2100.00 foot radius, and a full delta angle
of 1545'30", [south pipeline station 77+92.15];
Thence along said curve a distance of259.55 feet to the north side Union Slough at mean high
water [south pipeline station 75+32.60];
Thence continuing along said curve 318.02 feet to the point of tangency of said centerline [south
pipeline station 72+14.58];
Thence North 40 07' 45" East along said centerline a distance of 514.58feet to the north end of
the south pipeline alignment [south pipeline station 67+00];
Thence North 85 28' 16"East 166.66 feet to the south end of the centerline of the north pipeline
alignment [north pipeline station 54+39.60];
Thence North 60 08' 36" East along said centerline a distance of775.16 feet to a point of
curvature of said centerline,curving to the left, with a 3600.00 foot radius, and a full delta angle of
1932'37",[north pipeline station 46+64.43];
Thence along said curve a distance of 167.89 feet to the south side Steamboat Slough at mean high
water [north pipeline station 44+96.54];
Thence continuing along said curve 663.08 feet to the north side Steamboat Slough at mean high
water [north pipeline station 38+33.46];
Thence continuing along said curve 396.99 feet to the point of tangency of said centerline [north
pipeline station 34+36.47];
Thence North 40 36'02" East along said centerline a distance 5.86 feet to the south side of Ebey
Slough at mean high water [north pipeline station 34+30.61] and TERMINUS of said centerline;
Thence continue North 40 36'02" East 72.96 feet [north pipeline station 33+57.65]to the east line
of the Southwest quarter of Section 33,Township 30 North, Range 5 East,Willamelte Meridian;
Thence North 102' 36" East along said east line 4739.07 feet to the north quarter corner of said
Section 33 and the end of this description.
AND ALSO, those portions of the above described lands and premises lying within a permanent
easement 50 feet in width, being 25 feet on each side of the following described centerline,and
also a temporary construction easement 100 feet in width, being 50 feet on each side of the same
described centerline:
BEGINNING at said Point of Beginning;
Exhibit A - 14
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..
Thence South 24
0 22'IS" West along the southwesterly extension of said centerline to the
westerly boundary of said Government Lot 8 and TERMINUS of said centerline.
The sidelines of said easements are to be shortened and/or lengthened so as to terminate at the
property lines of the above described lands and premises.
6.Bradley F.Rengen 29050500100500, 29050500400300,29050500401400 (whole
property)
That part of Government Lot 6, Section 5,Township 29 North, Range 5 East, W.M. in Snohomish
County,Washington,lying Westerly of that certain 25 foot strip of land conveyed to State of
Washington for widening of State Highway No. I by deed recorded in Volume 637 of Deeds on
Page 364 recorded under Recording Number 1266155, and Easterly of the Great Northern Railway
right of way;
TOGETHER WITH Second Class Tide Lands, as conveyed by the State of Washington,situate in
front of,adjacent to or abutting thereon;
ALSO that part of the Northeast quarter of the Southeast quarter Section 5,Township 29 North,
Range 5 East, W.M. in Snohomish County, Washington, lying Westerly of the right of way for
State Highway No. I and Easterly of the Great Northern Railway right of way.
ALSO that part of the Southeast quarter of the Southeast quarter of Section 5,Township 29 North,
Range 5 East W.M. in Snohomish County, Washington, lying Westerly of the right of way for
State Highway No. I and Easterly of the Great Northern Railway right of way and northerly of the
following described line;
BEGINNING at a point which bears North 9 degrees 41 minutes East 1050.11 feet from a point
on the South line of said Section, which is 600.54 feet Westerly of the Southeast corner thereof;
Thence North 80 degrees 19 minutes West 300 feet, more or less, to the Easterly boundary of said
railroad right of way;
EXCEPTING from all above described tracts a strip ofland for additional right of way for State
Highway No.I.[Assessor's Parcel Nos.290505-00]-005-00 and 290505-004-003-00 and 290505-
004-014-00]
Easement Description for Rengen 29050500100500, 29050500400300,29050500401400:
Those portions of the above described lands and premises within a 50-foot wide strip of land lying
25.00 feet on each side of a centerline described as follows;
COMMENCING at the southwest corner of Section 4,Township 29 North, Range 5 East,
WiI1amette Meridian;
Thence North 0 27' 11" West along a line inthe direction of the Meander Corner on the right bank
of Steamboat Slough, common to Sections 32 and 33,Township 30 North, Range 5 East,
Willamette Meridian,as shown on Record of Survey, Auditors File number 2000]2045003,
records of Snohomish County,Washington,2954.00 feet to the intersection ofthe design
centerline of an effluent transfer pipeline [south pipeline station 83+34.47] and the POINT OF
BEGINNING of the centerline herein described;
Exhibit A - ]5
wpf/mv/ord.sr528
••...
Thence South 24 22'15" West along said centerline 465.53 feet to a terminus of this description
[south pipeline station 88+00];
EXCEPTING THEREFROM any portion of the above lands and premises lying southerly of a
Line C defined as follows:
Commencing at a corner on the westerly right of way line of State Highway SR 529, being that
point described as RW 87+00,(75'RT) on that Record of Survey by the Washington State
Department of Transportation entitled SR 529 Alignment Record of Survey,recorded under
Recording Number 200208215002,Records of Snohomish County, Washington, said point also
being the most easterly corner opposite Sta. 87+00 as shown on that Record of Survey by Frederic
F.Poyner entitled Survey for Brad Rengen and recorded under Recording Number 200101115020,
Records of Snohomish County, Washington;
Thence North 10° 02' 20"East along said westerly right of way line 715.00 feet to the True Point
of Beginning of said Line C:
Thence North 79°57'40"West at right angles to said right of way line a distance of75.00 feet
to the terminus of said Line C.
Exhibit A - 16
wpf/mv/ord.sr528