HomeMy WebLinkAbout201304190072 Interlocal Agreement WHEN RECORDED, RETURN TO: IN lilA EI � ftAlfl I l I YI
City of Anacortes 2013 4190072
Attn., Public Works Director
Skagit County Auditor
P.O. Box 547 4/19/2013 Page 1 of 30 12:18PM
Anacortes, WA 98221-0542
ACCOMMODATION RECORDING
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EASEMENT FOR WATER PIPELINES
AND AGREEMENT TO PROVIDE WATER SUPPLY
GRANTOR: SWINOMISH INDIAN TRIBAL COMMUNITY
GRANTEE: CITY OF ANACORTES
SHORT LEGAL: A portion of Section 2, Township 34 N, Range 2 E, W.M.,
Skagit County,WA.
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Table of Contents
1. Easements And Agreement 1
1.1 Agreement and Parties 1
1.2 Authority. Under 25 U.S.0 1
1.3 Grant of Easement 1
1.4 Pipelines Authorized 1
1.5 Existing Uses Recognized 1
2. Purpose, Recitals and Consideration 2
2.1 CITY's Water Utility 2
2.2 TRIBE's Utility Authority 2
2.3 Consideration 2
2.4 Parties Include Authorized Representatives 3
3. Easement Area Uses and Access 3
3.1 General 3
3.2 Trees Inside Easement Area 3
3.3 Trees Outside Easement Area 3
3.4 Construction Performance 4
3.5 Permits 4
3.6 Work Boundaries 4
3.7 Coordination of Work With Tribe 4
3.8 Soil Conservation 4
3.9 Fire Control 5
3.10 Site Restoration 5
3.11 Emergencies 5
4. Tribe's Use of Easement Area 5
4.1 Multiple Uses Authorized 5
4.2 Conflicting Uses Prohibited 5
5. Tribal Law 6
6. Tribal Approval Required For Changes 6
7. City Responsibility For Damages 6
8. Indemnification 6
9. Cultural Resources 6
10. Abandonment 7
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11. Tribal Sovereignty 7
12. Limited Waiver of Sovereign Immunity 7
12.1 Immunity Preserved 7
12.2 Limited Waiver of Immunity 7
13. Successors and Assigns 8
14. Communications 8
15. Water Supply to The Tribe 8
15.1 Water Supply to The Reservation 8
15.2 Water Supply Agreement Maintained 8
15.3 Water Supply Commitment 8
16. Complete Agreement and Construction 9
16.1 Complete Agreement 9
16.2 Construction 9
17. Term—Effective Date—Renewal Rights 10
17.1 Initial Term 10
17.2 Renewal Term 10
17.2.1 Period of Renewal Term 10
17.2.2 Valuation of Easement for Renewal Term 10
17.3 New Easement 11
17.4 Effective Date 11
17.5 Execution Date 11
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1. EASEMENTS AND AGREEMENT.
1.1 Agreement and Parties. This EASEMENT FOR WATER
PIPELINES AND AGREEMENT TO PROVIDE WATER SUPPLY ("Agreement"
or "Easement Agreement") is between the SWINOMISH INDIAN TRIBAL
COMMUNITY, a federally recognized Indian Tribe organized pursuant to Section 16 of
the Indian Reorganization Act of 1934 (25 U.S.C. § 476) ("TRIBE"), owner of Trust
lands located within the exterior boundaries of the Swinomish Reservation, and the
CITY OF ANACORTES, a Washington municipal corporation ("CITY"). Together,
the TRIBE and CITY are the "Parties" to this Easement Agreement. The TRIBE and
CITY agree as follows.
1.2 Authority. Under 25 U.S.C. §§ 323-328 and 25 CFR § 169.18,
public utility water pipeline easements across tribal lands may be without limitation as to
term of years. This Easement Agreement is for a term of years, as set forth herein.
1.3 Grant of Easement. Subject to the conditions described herein,
TRIBE hereby establishes, conveys and grants, for and to the CITY, a non-exclusive
easement over and across the TRIBE's Property for the location, construction, use and
maintenance of the pipelines described in Section 1.4.
1.4 Pipelines Authorized. The CITY, for the purposes hereinafter set
forth, and subject to and conditioned upon the terms in this Easement Agreement, is
authorized to survey, construct, install, operate, test, maintain, repair, reconstruct,
replace, improve and remove, at the CITY's sole cost and expense, two (2) underground
36" diameter water pipelines and one (1) underground 24" diameter water pipeline,
together with the pipelines' necessary appurtenances (hereinafter "pipelines") under,
along, across and through real property in Skagit County, Washington. The TRIBE's
property subject to this Agreement (together with other property subject to this
Agreement) is described in attached Exhibit A (the "Property"). The easement areas for
the pipelines are described in attached Exhibits B and B-2 (the "Easement Area"), and
depicted in Exhibits C and C-2.
SEE ATTACHED EXHIBITS WHICH ARE INCORPORATED HEREIN BY
REFERENCE
1.5 Existing Uses Recognized. The CITY's rights under this
Agreement are subject to existing and future authorized uses of the Easement Area that
do not interfere with the rights granted by this Agreement to CITY, as described more
fully in Agreement Section 4.
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2. PURPOSE, RECITALS AND CONSIDERATION.
2.1 CITY's Water Utility. The CITY owns and operates a regional
water supply system which supplies an average of 18 million gallons per day to
approximately 56,000 residential, commercial and industrial customers ("Water Utility").
The CITY's Water Utility provides the entire domestic water service for all in-City
residential and commercial customers and residential and commercial retail customers in
unincorporated portions of Fidalgo Island; and, provides water supply requirements for
four governmental wholesale customers: The City of Oak Harbor, the Town of La
Cornier, Skagit County Public Utility District No. 1 and the TRIBE's Swinomish Utility
and Environmental Services Authority ("Utility Authority"). In addition, the CITY
provides service to large industrial customers and to the United States Naval Air Station
on Whidbey Island. The pipelines are an essential public facility to provide water service
to the CITY's retail, wholesale and industrial customers, including the Utility Authority.
2.2 TRIBE's Utility Authority. The TRIBE's Utility Authority is
formed under Article VI of the TRIBE's Constitution and Chapter 11 of the Tribal Code.
The Utility Authority has the authority to provide utility services to all of the lands and
waters within the exterior boundaries of the TRIBE's Reservation. The Utility Authority
has the day-to-day responsibility for operating, providing, and maintaining the Tribal
utilities. The Utility Authority is solely responsible for setting rates and billing and
collecting for services to its customers. The CITY and TRIBE have maintained
cooperative relations, including cooperative efforts related to the management of water
resources. The current Water Supply Agreement between the TRIBE's Utility Authority
and the CITY's Water Utility extends from January 1, 2006 to December 31, 2025. This
Easement Agreement continues the provision of essential services to the Tribe and is in
furtherance of the long-standing relationship between the CITY and the TRIBE and
facilitates the continued and expanded service to the TRIBE under the Water Supply
Agreement, as currently exists or as may be amended in the future.
2.3 Consideration. Certain of the CITY pipelines have for many
years occupied lands subject to control of the TRIBE. The CITY has previously made
payments to the TRIBE for certain pipelines on such lands. By Temporary Construction
Easement, Temporary Laydown Area Easement and Consent to Survey for 36" Water
Pipeline (May 28, 2009 — the "Temporary Agreement"), the CITY removed a pipeline
and constructed a new 36" diameter pipeline in the Easement Area. The Temporary
Easement, in addition to other provisions, provided for a final easement agreement
following the implementation of the Temporary Agreement. This Easement Agreement
constitutes the TRIBE's grant of easement rights to the CITY for the pipelines in the
Easement Area, as more specifically described and shown in Exhibits B, B-2, C and C-2
to this Easement Agreement. Upon approval and execution by the Parties and approval
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and endorsement hereon by the Bureau of Indian Affairs ("BIA"), the CITY shall within
thirty (30) days of BIA approval pay to the TRIBE Four Hundred Seventy-Three
Thousand Two Hundred Seventeen Dollars ($473,217.00) ("Easement Payment");
provided, however, that the CITY shall deduct from the Easement Payment a connection
charge of One Hundred Forty-Seven Thousand Six Hundred Twenty-Four Dollars
($147,624.00) invoiced by the CITY to the TRIBE's Swinomish Casino and Lodge. The
Easement Payment, together with the conditions and obligations set forth in this
Agreement (including without limitation the renewal terms under Agreement Section
17.2), constitute just and fair compensation for this Easement Agreement.
2.4 Parties Include Authorized Representatives. Reference to the
CITY or TRIBE in this Agreement shall include any authorized contractor, agent or
representative of such Party.
3. EASEMENT AREA USES AND ACCESS.
3.1 General. The CITY shall have the right to use the Easement Area
to survey, construct, install, operate, test, maintain, repair, reconstruct, replace, improve
and remove, at the CITY's sole cost and expense, the pipelines owned and/or operated by
the CITY only and solely for the purpose of distribution of water. The CITY shall have
the right of access to the Easement Area to enable the CITY to exercise its rights
hereunder.
3.2 Trees Inside Easement Area. The CITY shall have the right to
cut, remove and dispose of any and all brush, trees or other vegetation in the Easement
Area. The CITY shall, prior to the exercise of such right, identify such trees and make a
reasonable effort to give the TRIBE prior notice that such trees will be cut, trimmed,
removed or disposed of(except that the CITY shall have no obligation to identify such
trees or give the TRIBE such prior notice when trees are cut, trimmed, removed or
otherwise disposed of in response to emergency conditions). The CITY shall obtain any
necessary approvals from the TRIBE prior to removing any trees. The CITY shall also
have the right to control, on a continuing basis and by any prudent and reasonable means,
the establishment and growth of brush, trees or other vegetation in the Easement Area.
3.3 Trees Outside Easement Area. The CITY shall have the right to
cut, trim, remove and dispose of any trees located on the Property outside the Easement
Area that could, in the CITY's sole judgment, interfere with or create a hazard to the
CITY's waterline systems. The CITY shall, prior to the exercise of such right, identify
such trees and make a reasonable effort to give the TRIBE prior notice that such trees
will be cut, trimmed, removed or disposed of (except that the CITY shall have no
obligation to identify such trees or give the TRIBE such prior notice when trees are cut,
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trimmed, removed or otherwise disposed of in response to emergency conditions). The
CITY shall obtain any necessary approvals from the TRIBE prior to removing any trees.
The TRIBE shall be entitled to no compensation for trees cut, trimmed, removed or
disposed of except for the actual market value of merchantable timber (if any) cut and
removed from the Property by the CITY.
3.4 Construction Performance. The CITY shall survey, construct,
install, operate, test, maintain, repair, reconstruct, replace, improve and remove the
pipelines in a workmanlike manner. The pipelines and any supporting facilities or
appurtenances installed and/or constructed shall conform in all respects to applicable
codes.
3.5 Permits. Before beginning any construction work, the CITY shall
obtain all necessary permits, including all Tribal permits, in connection with the survey,
construction, installation, operation, testing, maintenance, repair, replacement,
improvement and removal of the pipelines (including any clearing or maintenance
described in Agreement Sections 3.2 or 3.3) and shall comply with any and all conditions
of said permits, and applicable site plans associated with approved Tribal permits, in
addition to all other applicable Federal, Tribal and State laws. The CITY must comply
with all directives from the Swinomish Tribal Office of Planning and Community
Development. Unless otherwise set forth in Tribal permits and/or plans approved by the
TRIBE, the CITY shall not cut or remove any road surface without the prior written
consent of the TRIBE.
3.6 Work Boundaries. Before beginning any construction work, the
CITY shall flag or otherwise delineate the boundaries of the applicable portion of the
Easement Area granted by this Agreement. The CITY shall conduct all activity
undertaken pursuant to this Agreement only within the boundaries of the Easement Area,
except for any necessary access across the Property. The CITY will build and maintain at
its sole expense such necessary and suitable temporary road crossings for work on the
pipelines. Trucks and other equipment utilized by the CITY shall not be driven, parked
or moved on paved parking areas of the TRIBE's Swinomish Casino and Lodge complex
on or adjacent to the Property.
3.7 Coordination of Work With Tribe. The CITY shall comply with
reasonable scheduling time and location limitations as provided to the CITY by the
TRIBE in order to minimize disruption of the TRIBE's economic development activities
in the vicinity of the Easement Area.
3.8 Soil Conservation. The CITY shall take soil and resource
conservation and protection measures, including weed control, within the Easement Area.
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3.9 Fire Control. The CITY will act reasonably with available CITY
resources to prevent and suppress fires on the Property near the Easement Area.
Provided, this Agreement Section 3.9 does not give rise to a general or special duty of
CITY to respond to calls for fire or emergency services on the Property.
3.10 Site Restoration. Upon the completion of use or actions
authorized by this Agreement, the CITY agrees to restore the Easement Area (or Property
when used for access) as nearly as is possible to the condition prior to commencement of
use or actions of survey, construction, installation, operation, testing, maintenance, repair,
reconstruction, replacement, improvement or removal to the extent compatible with the
Agreement purpose; to dispose of all vegetative and other material cut, uprooted, or
otherwise accumulated during the survey, construction, installation, operation, testing,
maintenance, repair, reconstruction, replacement, improvement or removal of the
pipelines; and, to repair such roads, sidewalks, fences, culverts, utility lines and any and
all other improvements as may be destroyed or injured by construction work.
3.11 Emergencies. Notwithstanding the provisions of this Agreement
Section 3, the CITY may act in the Easement Area and on the Property in the event of an
emergency to work on the pipelines (or to protect the pipelines) without prior notice or
approval of TRIBE; provided, however, the CITY shall give notice to TRIBE as soon as
feasible, but in no event more than twenty-four (24) hours after commencement of work.
Work by CITY in an emergency shall not relieve the CITY of its obligations under this
Agreement, including but not limited to Agreement Section 3.10 and Sections 7 through
9.
4. TRIBE'S USE OF EASEMENT AREA.
4.1 Multiple Uses Authorized. The TRIBE reserves the right to use
the Easement Area for any purpose not inconsistent with the rights herein granted and the
CITY agrees to not interfere with the use of the Easement Area by or under the authority
of the TRIBE for any purpose not inconsistent with the primary purpose for which the
Easement is granted by this Agreement. The TRIBE's use of the Easement Area may
include, but is not limited to, use for an existing or future Tribal or Bureau of Indian
Affairs roadway and for the installation, operation and transmission of utility services by
the TRIBE and/or by third parties, including water, sewer, electric,natural gas, television,
telephone, fiber optic and data, provided that all such uses shall not interfere with the
CITY'S pipelines as authorized by this Agreement.
4.2 Conflicting Uses Prohibited. The pipelines are essential for the
public health, welfare and safety of the Parties and others. Any use (such as permanent
structures) that interferes with the pipelines, or interferes with the access or the authority
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of the CITY under this Agreement for survey, construction, installation, operation,
testing, maintenance, repair, replacement, improvement and removal of the pipelines
shall be prohibited unless agreed by the Parties in writing.
5. TRIBAL LAW. The CITY shall comply with the laws of the TRIBE
when taking action pursuant to this Agreement that occurs upon or affects the Easement
Area or Tribal Property, including but not limited to the Swinomish Tribal Employment
Rights Ordinance, STC Title 14, and the Swinomish Tribal Employment Rights
Ordinance Tax, STC Title 17, Chapter 5.
6. TRIBAL APPROVAL REQUIRED FOR CHANGES. In the event
that, after execution of this Agreement, the CITY seeks to make any changes in the
location, size and extent of any of the pipelines and/or any related structures or
equipment, then the CITY must provide the TRIBE with such requested changes and
must negotiate an amended Easement Agreement with the TRIBE.
7. CITY RESPONSIBILITY FOR DAMAGES. The CITY shall pay
promptly all compensation for damages determined by a court of competent jurisdiction
in a final judgment to be due the TRIBE and any occupants or authorized users of the
Easement Area for loss of life, personal injury and property damage to the extent caused
by wrongful actions or failures to act of or attributable to the CITY in the survey,
construction, installation, operation, testing, maintenance, repair, reconstruction,
replacement, improvement or removal of the pipelines or the occupancy or use of the
Easement Area or Tribal Property by the CITY.
8. INDEMNIFICATION. The CITY agrees to indemnify, defend and hold
harmless the United States, the TRIBE, the occupants and authorized users of the
Easement Area or Tribal Property against any liability for loss of life, personal injury and
property damage to the extent caused by the wrongful actions or failures to act of or
attributable to the CITY in the survey, construction, installation, operation, testing,
maintenance, repair, reconstruction, replacement, improvement or removal of the
pipelines or the occupancy or use of Easement Area or Tribal Property by the CITY, its
contractors, subcontractors and their respective employees and agents; provided,
however, that nothing herein shall require the CITY to indemnify, defend, and hold the
TRIBE and authorized users harmless for any such liability attributable to the negligence
of the TRIBE.
9. CULTURAL RESOURCES. The CITY agrees that under this Easement
Agreement, if any historic properties, archeological resources, human remains, or other
cultural items not previously reported are encountered during the course of any activity
associated with the pipelines within the Easement Area, all activity in the immediate
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vicinity of the properties, resources, remains, or items will cease immediately and totally
and the CITY will immediately contact the TRIBE to determine how to proceed and the
appropriate disposition of resources, remains, or other items encountered.
10. ABANDONMENT. If the CITY ceases to use the Easement Area for a
period of two (2) years after this Agreement's Effective Date, this Agreement shall
terminate and all rights hereunder shall revert to or otherwise become the property of the
TRIBE. For purposes of this Agreement Section 10, abandonment or non-use of the
Easement Area does not include periods of non-use caused by repair or replacement of
pipelines, including periods necessary for planning and permitting in relation to any
repair or replacement of pipelines.
11. TRIBAL SOVEREIGNTY. This Agreement shall in no manner
diminish, affect or limit any aspect of the TRIBE's jurisdiction, dominion or control,
whether civil, criminal,regulatory, adjudicatory, licensing,taxation or otherwise, over the
real property on which the Easement Area is located, or over anyone or anything thereon
or therein, or any activities taking place on, over or under the Easement Area herein
granted, without regard to whether the person or entity being regulated is a Tribal
member, other Native American or non-Indian person or entity. This provision is an
essential and indivisible part of this Agreement; should this provision, at the request of
the CITY, any agent, officer, official or employee of the CITY, or any person or entity
acting in concert with the CITY, be struck down, ruled unenforceable or ineffective, or in
any manner limited, this agreement shall be void and the rights granted by this agreement
shall terminate on the last day of the thirty-sixth (36th) month following entry of such
final ruling or order.
12. LIMITED WAIVER OF SOVEREIGN IMMUNITY.
12.1 Immunity Preserved. Under this Agreement, the TRIBE does not
waive, limit or modify its sovereign immunity from unconsented suit except as
specifically provided in this Section 12.
12.2 Limited Waiver of Immunity. The TRIBE consents to
submission of disputes concerning the making, formation, validity, obligations under or
breach of this Agreement and alleging a breach of one or more of the specific obligations,
duties, covenants or warranties expressly assumed or made by the TRIBE in this
Agreement, to a lawsuit only for any such alleged breach in the Federal District Court for
the Western District of Washington, but not a lawsuit or proceeding in any other court,
tribunal, forum or jurisdiction. This limited waiver is applicable solely to claims by the
CITY, and not by any other person, corporation, partnership, governmental body or entity
whatsoever, and is applicable only to disputes alleging a breach of one or more of the
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specific obligations, duties, covenants or warranties expressly assumed or made by the
TRIBE in this Agreement. This limited waiver authorizes relief compelling the TRIBE to
take action expressly required by this Agreement, compelling the TRIBE to discontinue
action expressly prohibited by this Agreement, and/or awarding money damages against
the TRIBE for breach of this Agreement.
13. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon
and inure to the benefit of successors and assigns of both Parties.
14. COMMUNICATIONS. The CITY will at all times keep the TRIBE and
the Secretary of the United States Department of the Interior informed of its address.
15. WATER SUPPLY TO THE TRIBE.
15.1 Water Supply to The Reservation. The CITY, including its
Public Works Department, will not provide any water service to users or property located
within the Swinomish Indian Reservation without the prior written approval of the
TRIBE pursuant to a resolution of the Swinomish Indian Senate.
15.2 Water Supply Agreement Maintained. Notwithstanding the
foregoing, the current Water Supply Agreement between the CITY and the TRIBE
remains in full force and effect. This Easement Agreement does not modify the Water
Supply Agreement, including but not limited to the TRIBE'S payment of rates and
charges.
15.3 Water Supply Commitment.
15.3.1 The CITY operates its Water Utility for the purpose of
delivering an adequate supply of good quality water to all of its customers. The CITY
agrees to maintain and to operate its Water Utility so as to meet the volumes contracted
for by the TRIBE and to supply additional volumes as may be required by the TRIBE in
the future, consistent with this Agreement Section 15, including the Memorandum of
Agreement referenced in this Agreement Section 15.3.
15.3.2 The TRIBE and CITY are parties, with others, to a
Memorandum of Agreement Regarding Utilization of Skagit River Basin Water
Resources for Instream and Out of Stream Purposes (December 1996; the "MOA"). The
MOA provides in part for recognition of certain CITY water rights, including 54.94
million gallons per day ("rngd"), and the TRIBE's agreement to not challenge CITY
water rights identified in the MOA. The term of the MOA extends to December 2Q45. In
furtherance of the CITY's water supply commitment in the MOA, the CITY and TRIBE
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agree that the CITY will provide the TRIBE for non-discriminatory use by all residents
within the Swinomish Indian Reservation, a quantity of water up to three (3) mgd (the
"water supply commitment"). The water supply commitment shall be subject to the same
terms as the MOA, and the present Water Supply Agreement between the CITY and
TRIBE, as may be amended.
15.3.3 This Agreement Section I5 is an essential and indivisible
part of this Agreement. This Agreement shall immediately terminate and be void, upon
any of the following: the CITY's breach or refusal to comply with this Section 15;
adoption of a CITY Ordinance (or other collective action by both mayor and CITY
council) to repudiate this Section; or, action to invalidate, strike down, sever or make
ineffective this Section 15 by a third party, such third party supported by the CITY acting
by CITY Ordinance(or by other collective action by both mayor and CITY council).
15.3.4 Notwithstanding any provision of this Agreement, the
MOA remains in full force and effect between the CITY and the TRIBE.
16. COMPLETE AGREEMENT AND CONSTRUCTION.
16.1 Complete Agreement. This Agreement contains the complete
statement of the understanding of the Parties with respect to the subject matter of this
Agreement. There are no other representations, agreements, or understandings, oral or
written, by the Parties relating to the subject matter of this Agreement that are not fully
expressed in this Agreement. Each Party acknowledges and represents to the other Party
that it is executing this Agreement solely in reliance upon its own judgment and
knowledge and that it is not executing this Agreement based upon the representation or
covenant of the other Party, or anyone acting on such Party's behalf, except as expressly
stated herein. Any modifications or amendments to this Agreement shall be approved in
writing by both Parties.
16.2 Construction. This Agreement has been freely and fairly
negotiated by the Parties hereto and has been reviewed and discussed by legal counsel for
each of the Parties, each of whom has had the full opportunity to modify the
draftsmanship hereof and, therefore, the terms of the Agreement shall be construed and
interpreted without any presumption or other rule requiring constructional interpretation
against the Party causing the drafting of the Agreement.
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17. TERM—EFFECTIVE DATE—RENEWAL RIGHTS.
17.1 Initial Term. This Agreement and easements granted by this
Agreement shall be and remain in force for a period of fifty-five (55) years beginning on
January 1, 2013, and expiring on December 31, 2067 (the"Initial Term").
17.2 Renewal Term.
17.2.1 Period of Renewal Term. This Agreement may be
renewed, at the option of the CITY, for one (1) additional period of thirty-two (32) years
after the expiration of the Initial Term (the "Renewal Term"). Notice of renewal shall be
given by CITY to TRIBE in writing no less than thirty-six (36) months prior to expiration
of the Initial Term. The Renewal Term shall begin on January 1, 2068 and expire
December 31, 2099. The Renewal Term is subject to and conditioned on the CITY
payment to TRIBE of additional consideration for the Renewal Term, determined as
follows.
17.2.2 Valuation of Easement for Renewal Term.
A. The CITY shall procure an appraisal of the Easement Area for the
CITY pipelines for the Renewal Term by an appraiser acceptable to the
TRIBE; provide a copy of the appraisal to the TRIBE; and, meet with
TRIBE to negotiate the additional consideration of the Renewal Term.
B. In the event the CITY and TRIBE cannot agree on the amount to be
paid by CITY to TRIBE for the Renewal Term, the TRIBE will procure a
separate appraisal; and, provide a copy of the appraisal to the CITY. If the
Parties cannot agree after consideration of the TRIBE's appraisal, the
Parties shall select a third appraiser.
C. The third appraiser shall consider the CITY's appraisal and the
TRIBE's appraisal, at a hearing with the Parties to be conducted by the
third appraiser. The decision of the third appraiser on the additional
consideration for the Renewal Term shall be final and binding on the
Parties.
D. Should the Parties be unable to select the third appraiser, the appraiser
shall be selected by the Chief Judge of the United States District Court for
the Western District of Washington, upon application by either Party.
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E. Each Party shall bear its own costs, appraiser, attorney and other fees
and expenses relating to the valuation of the easement for the renewal
term; and, the Parties shall each pay one-half(1/2) of the third appraiser's
fees and costs.
17.3 New Easement. Upon written notice by CITY to TRIBE given no
later than December 31, 2094, the TRIBE and CITY shall commence negotiations of a
new or amended Easement Agreement. This Agreement Section 17.3 shall not constitute
a commitment of either Party to agree to a new or amended Easement Agreement.
17.4 Effective Date. This Agreement shall be in force following
approval by the Bureau of Indian Affairs, as shown below. This Agreement shall take
effect(the"Effective Date") on January 1, 2013.
17.5 Execution Date. For reference, this Agreement is dated this lig
day of i-ennarr, 2013.
htai
SWINOM SH DIAN TRIBAL COMMUNITY:
By: ,
Name: Brian Cladoosby
Title: Chairman, Swinomish Indian Senate
CITY OF ANACORTES
By: N
/ at-4-- 'MAIL*
Name: Dean Maxwell
Title: Mayor, City of Anacortes
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ACKNOWLEDGMENT
STATE OF WASHINGTON
ss.
COUNTY OF SKAGIT
BE ORE ME, a Notary Public, in and for said County and State, on this I /4
day of , 2013, personally appeared Dean Maxwell, and who
acknowledged that h is and was at the time of signing the same Mayor of the City of
Anacortes; and he personally acknowledged to me that he executed the foregoing as his
free and voluntary act of such CITY for the use d urposes set fo - th foregoing.
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AIL' ` E Washington, residing at
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My appointment expires
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51238458.3 IIIPPIONINEN y 7 2 4012
Skagit County Auditor
4/19/2013 Page 16 of 3012:18PM
ACKNOWLEDGMENT
STATE OF WASHINGTON
ss.
COUNTY OF SKAGIT
BEFORE ME, a Notary Public, in and for said County and State, on this ti day
of uj a 2013, personally appeared Brian Cladoosby, and who
acknowledged that his and was at the time of signing the Chairman of the Swinomish
Tribal Senate; and he personally acknowledged to me that he executed the foregoing as
his free and voluntary act of such TRIBE for the uses and purposes set forth in the
foregoing.
/641.1th
(Signature of Notary)
��.a3g11S111{r'4
Sit
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(Legibly Print or Stam ame of Notary)
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Notary public in and for the State of
Washington, residing at t (A
My appointment expires (p-(G ('(
51238458.3
201 04 9 0 2
Skagit County Auditor
4/19/2013 Page 18 of 30 12:18PM
UNITED STATES OF AMERICA
By: 41 f
Name: Judy # eph
Title: Superintendent, Puget Sound Agency
Bureau of Indian Affairs
U.S. Department of the Interior
This within easement is hereby approved and declared to be made in accordance with the
law and the rules and regulations prescribed by the Secretary of the Interior thereunder,
and now in force, effective FEB 2 0 1013
Approved pursuant to DM 8, 230 DM 1,3 IAM 4, 4A
Date approved: Y2, 1 a
-1�
5123845E 3 111011111,1111111111111
900
Skagit County Auditor
4/19/2013 Page 17 of 30 12:18PM
ACKNOWLEDGMENT
STATE OF WASHINGTON
ss.
COUNTY OF Sr loi-oMiS$1
BEFORE ME, a Notary Public, in and for said County and State, on thi 1H day
of .sPct2-41 2013, personally appeared Judy Joseph, and who
acknowledged that she is and was at the time of signing the Superintendent of the Puget
Sound Agency; and she personally acknowledged to me that she executed the foregoing
as her free and voluntary act of such TRIBE for the uses and purposes set forth in the
foregoing.
r r- re of Notary)
.1(, -NOTARY F�.
PUBLIC D facts G. i'ZC�.- ,
0),� (Legibly Print or Stamp Name of Notary)
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� . Notary public in and for the State of
��..`` ;� �� Washington, residing at EIEY 'r vVI\
My appointment expires f -Z/2D'SF
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s123845$3 11111 11 1� ' 11 1 1
a 0 1 0 1900
Skagit County Auditor
4/19/2013 Page 18 of 30 12:18PM
•
EXHIBIT "A"
LEGAL DESCRIPTION OF AFFECTED PARCELS
Tract T1016:
Those portions of the filled tidelands of Padilla Bay and of Old Slough and Big Slough in
Sections 2 and 11, Township 34 North, Range 2 East, Willamette Meridian, in Skagit
County Washington, the whole being more particularly described as follows;
Beginning at the intersection of the present west line of ordinary high tide of the
Swinomish Channel with the easterly line of Government Lot 5 in said Section 2
according to the Bureau of Land Management Dependent Resurvey of said Township and
Range;
Thence northerly along said line of ordinary high tide to its intersection with the
southerly right of way line of the Great Northern Railway Company, Thence
northwesterly along said southerly right of way line to its intersection with the present
line of ordinary high tide,said line being the west edge of the filled tidelands of Padilla
Bay;
Thence southerly along said line of ordinary high tide to an angle point in said line where
the ordinary high tide line angles to the west and follows the northerly edge of the filled
tideland of Padilla Bay near the mouth of Big Slough;
Thence westerly along said northerly edge of the filled tidelands of Padilla Bay along the
line of ordinary high tide, and along its westerly extension to its intersection with the east
line of Government Lot 7 in said Section 2;
Thence southerly along said easterly line of Government Lot 7 to its intersection with the
north line of Tract 38 as shown on said Bureau of Land Management Dependent
Resurvey;
Thence southeasterly along the north line of said Tract 38 to its intersection with the
northwesterly line of Government Lot 4 in said Section 11;
Thence northerly along the westerly line of said Government Lot 4 and along the
westerly line of Government Lot 4 in said Section 2 to the northwesterly angle point in
said Government Lot 4;
Thence northeasterly and southeasterly along the northerly line and the easterly line of
said Government Lot 4 in said Section 2 to the most easterly angle point in said
Government Lot 4;
Thence southwesterly along the easterly line of said Government Lot 4 in said Section 2
and along the easterly line of Government Lot 4 in said Section 11 to the intersection
with the northerly line of Tract 39 as shown in said Bureau of Land Management
Dependent Resurvey;
Thence southeasterly along said northeasterly line to its intersection with the
southwesterly line of Government Lot 3 in said Section 11;
Thence northwesterly, northerly,northeasterly and southeasterly along the exteriors of
said Government Lots 3 and 5 in said Section 2 to the intersection with the present west
line of ordinary high tide of the Swinomish Channel and the point of beginning;
EXHIBIT A TO EASEMENT FOR WATER PIPELINES
AND AGREEMENT TO PROVIDE WATER SUPPLY Page 1 of 6
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Skagit County Auditor
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EXCEPT right of way for SR20 and March Point County Road.
And except that portion described as follows: "B I"
Commencing at the Southwest corner of said Section 2;
Thence North 2°03'57" East along the west line of said Section 2 a distance of 932.93
feet;
Thence South 87°56'03" East 1,323.69 feet to a point on the northerly margin of the
March Point Road (old SR-536);
Thence North 16°36'59" East 280.12 feet to the TRUE POINT OF BEGINNING;
Thence North 16°36'59" East, 278,62 feet;
Thence South 75°05'54" East, 838.15 feet;
Thence South 14°54'06" West 278.50 feet;
Thence North 75°05'54" West 846.48 feet to the TRUE POINT OF BEGINNING.
And except that portion described as follows: "B I"
Commencing at the Southwest corner of said Section 2;
Thence North 2°03'57" East along the West line of said Section 2 a distance of 932.93
feet;
Thence South 87°56'03" East 1,323.69 feet to a point on the Northerly margin of the
March Point Road(old.5R-536);
Thence North 16°36'59" East 558.74 feet to the TRUE POINT OF BEGINNING;
Thence North 16°36'59" East 104.05 feet;
Thence South 75°05'54" East 835.03 feet;
Thence South 14°54'06" West 104.00 feet;
Thence North 75°05'54" West 838.15 feet to the TRUE POINT OF BEGINNING.
And except that portion described as follows: "B 2"
Commencing at the Southwest corner of said Section 2;
Thence North 2°03'57" East along the West line of said Section 2 a distance of
932.93 feet;
Thence South 87°56'03" East 1,323.69 feet to a point on the Northerly margin of the
March Point Road(old SR-536), said point being the TRUE POINT OF BEGINNING;
Thence North 16°36'59" East 210.09 feet;
Thence South 75°05'54" East 488.46 feet;
Thence South 15°00'38" West 265.60 feet to the intersection with the Northerly margin
of March Point Road (old SR-536), said intersection being on a curve to the right having
a radius point bearing North 22°19'09" East a distance of 6,024.80 feet;
Thence along the arc of said curve to the right in a Northwesterly direction through a
central angle of 0°14'19" an arc distance of 25.09 feet;
Thence South 22'33'28" East 20.00 feet to a point on a curve to the right having a radius
point bearing North 22°33'28" East a distance of 6,044.80 feet;
Thence along the arc of said curve to the right in a Northwesterly direction through a
central angle of 1°19'37" an arc distance of 140.00 feet;
Thence North 66°05'55" West 332.27 feet to the TRUE POINT OF BEGINNING.
And except that portion described as follows: "Right of Way'
Commencing at the Southwest corner of said Section 2;
EXHIBIT A TO EASEMENT FOR WATER PIPELINES
AND AGREEMENT TO PROVIDE WATER SUPPLY Page 2 of 6
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Skagit County Auditor
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Thence North 2°03'57" East along the West line of said Section 2 a distance of 932.93
feet,
Thence South 87°56'03" East 1,323.69 feet to a point on the Northerly margin of the
March Point Road(old SR-536);
Thence North 16°36'59" West 280.12 feet to the TRUE POINT OF BEGINNING,
Thence South 75°05'54" East 846.48 feet;
Thence South 15°00'38" West 332.47 feet to the intersection with the Westerly line of
Government Lot 5;
Thence South 59°55'17" West along said Westerly line 51.50 feet to the intersection with
the Northerly margin of March Point Road (old SR-536), said intersection being on a
curve to the right having a radius point bearing North 19°13'32" East a distance of
6024.80 feet;
Thence along the arc of said curve to the right in a Northwesterly direction through a
central angle of 0°45'39" an arc distance of 80.00 feet;
Thence North 41 °32'11" East 148.02 feet;
Thence North 15°00'38" East 180.00 feet;
Thence North 75°05'54" West 797.88 feet;
Thence North 16°36'59" West 50.02 feet to the TRUE POINT OF BEGINNING.
Together with a 60 foot wide right of way for ingress, egress and utilities from March
Point County Road to the southerly line of parcels B 1 and B2 above, the location of
which to be determined by mutual agreement between the owners of the respective
properties.
EXCEPT the following:
All uplands and tidelands of the second class within the following described Parcels A, B,
C, and D:
Parcel A: Commencing at the west quarter corner of section 2, Township 34 North,
Range 2 East: thence south 02°00'49" west along the west line of said section 1215.277
feet; thence south 55°22'04" east 1195.27 feet to a point on the arc of a curve to the left,
the center of which bears north 34°37'54" east 4000 feet; thence southeasterly along said
arc 613.72 feet; thence north 25°50'29" east 151.29 feet to the true point of beginning;
thence north 25°50'29" east 41.97 feet; thence south 76°33'00" east 174.91 feet to a point
on the arc of a curve to the right,the center of which bears south 13°27'00" west 2000
feet; thence southeasterly along said arc 27.58 feet; thence south 16°10'00" east 83.10
feet to a point on the arc of a curve to the right, the center of which bears north 19°55'03"
east 11,569 feet; thence northwesterly along said arc 254.51 feet to the true point of
beginning, containing .29 acre, more or less.
Parcel B: Commencing at the west quarter corner of section 2, Township 34 North,
Range 2 East; thence south 02°00'49" west along the west line of said section 1215.277
feet; thence south 55°22'04" east 1195.27 feet to a point on the arc of a curve to the left,
the center of which bears north 34°37'54" east 4000 feet; thence southeasterly along said
arc 1007.72 feet; thence north 16°10'00" west 209.11 feet to the true point of beginning;
thence north 16°10'00" west 83.10 feet to a point on the arc of a curve to the right, the
center of which bears south 14°14'24" west 2000 feet; thence southeasterly along said arc
77.14 feet;thence south 73°33'00" east 302.08 feet; thence south 20°20'00" east 110.88
EXHIBIT A TO EASEMENT FOR WATER PIPELINES
AND AGREEMENT TO PROVIDE WATER SUPPLY Page 3 of 6
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Skagit County Auditor
4/19/2013 Page 21 of 30 12:18PM
feet to a point on the arc of a curve to the right, the center of which bears north 17°55'50"
east 11,569 feet; thence northwesterly along said arc 401.19 feet to the true point of
beginning, containing.72 acre, more or less.
Parcel C: Commencing at the west quarter corner of section 2,Township 34 North,
Range 2 East; thence south 02°00'49" west along the west line of said section 1215.277
feet; thence south 55°22'04" east 1195.27 feet to a point on the arc of a curve to the left,
the center of which bears north 34°37'54" east 4000 feet; thence southeasterly along said
arc 1419.07 feet; thence north 20°20'00" west 205.48 feet to the true point of beginning;
thence north 20°20'00" west 110.88 feet; thence south 73°33'00" east 104.39 feet to a
point on the arc of a curve to the left, the center of which bears north 89°50'54" east 70
feet; thence southeasterly along said arc 179.35 feet; thence south 73°33'00" east 257.56
feet; thence south 37°10'00" east 156.32 feet; thence north 73°32'14" west 259.22 feet to
a point on the arc of a curve to the right, the center of which bears north 16°27'46" east
11,569 feet; thence northwesterly along said arc 296.38 feet to the true point of
beginning, containing.99 acre, more or less, and
Parcel D: Commencing at the west quarter corner of section 2, Township 34 North,
Range 2 East; thence south 02°00'49" west along the west line of said section 1215.277
feet; thence south 55°22'04" east 1917.36 feet; thence south 75°50'O1" east 1330.03 feet;
thence north 37°10'00"west 229.35 feet to the true point of beginning; thence north
37°10'00" west 156.32 feet; thence south 73°33'00" east 262.44 feet; thence south
26°57'00" west 94.33 feet;thence north 73°32'14" west 119.40 feet to the true point of
beginning, containing .41 acre, more or less,
All in section 2, Township 34 North, Range 2 East, Willamette Meridian, Skagit County,
Washington, containing an aggregate of 2.41 acres, more or less.
All containing 64.97 acres, more or less, after the above exceptions.
Tract T1001:
All uplands and tidelands of the second class within the following described Parcels A, B,
C, and D:
Parcel A: Commencing at the west quarter corner of section 2, Township 34 North,
Range 2 East: thence south 02°00'49" west along the west line of said section 1215.277
feet; thence south 55°22'04" east 1195.27 feet to a point on the arc of a curve to the left,
the center of which bears north 34°37'54" east 4000 feet; thence southeasterly along said
arc 613.72 feet; thence north 25°50'29" east 151.29 feet to the true point of beginning;
thence north 25°50'29" east 41.97 feet; thence south 76°33'00" east 174.91 feet to a point
on the arc of a curve to the right, the center of which bears south 13°27'00" west 2000
feet; thence southeasterly along said arc 27.58 feet; thence south 16°10'00" east 83.10
feet to a point on the arc of a curve to the right, the center of which bears north 16°55'03"
east 11.569 feet; thence northwesterly along said arc 254.51 feet to the true point of
beginning, containing .29 acre, more or less.
EXHIBIT A TO EASEMENT FOR WATER PIPELINES
AND AGREEMENT TO PROVIDE WP^'T'" "TnnT v Page 4 of 6
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Skagit County Auditor
4/19/2013 Page 22 of 30 12:18pM
Parcel B: Commencing at the west quarter corner of section 2, Township 34 North,
Range 2 East; thence south 02°00'49" west along the west line of said section 1215.277
feet; thence south 55°22'04" east 1196.27 feet to a point on the arc of a curve to the Ieft,
the center of which bears north 34°37'54" east 4000 feet; thence southeasterly along said
arc 1007.72 feet; thence north 16°10'00" west 208.11 feet to the true point of beginning;
thence north 16°10'00"west 83.10 feet to a point on the arc of a curve to the right, the
center of which bears south 14°14'24" west 2000 feet;thence southeasterly along said arc
77.14 feet; thence south 73°33'00" east 302.08 feet; thence south 20°20'00" east 110.88
feet to a point on the arc of a curve to the right, the center of which bears north 17°55'50"
east 11.536 feet; thence northwesterly along said arc 401.19 feet to the true point of
beginning,containing.72 acre,more or less.
Parcel C: Commencing at the west quarter corner of section 2, Township 34 North,
Range 2 East; thence south 02°00'49" west along the west line of said section 1215.277
feet; thence south 55°22'04" east 1195.27 feet to a point on the arc of a curve to the left,
the center of which bears north 34°37'54" east 4000 feet; thence southeasterly along said
arc 1419.07 feet; thence north 20°20'00" west 205.48 feet to the true point of beginning;
thence north 20°20'00" west 110.88 feet; thence south 73°33'00" east 104.39 feet to a
point on the arc of a curve to the left, the center of which bears north 89°50'54" east 70
feet; thence southeasterly along said arc 179.35 feet; thence south 73°33'00" east 257.56
feet; thence south 37°10'00" east 156.32 feet; thence north 73°32'14" west 259.22 feet to
a point on the arc of a curve to the right,the center of which bears north 16°27'46" east
11.569 feet; thence northwesterly along said arc 296.38 feet to the true point of
beginning, containing .99 acre, more or less, and
Parcel D: Commencing at the west quarter corner of section 2, Township 34 North,
Range 2 East; thence south 02°00'49" west along the west line of said section 1215.277
feet; thence south 55°22'04" east 1917.36 feet; thence south 75°50'O1" east 1330 feet;
thence north 37°10'00" west 229.35 feet to the true point of beginning; thence north
37°10'00" west 156.32 feet; thence south 73°33'00" east 262,44 feet; thence south
26°57'00" west 94.33 feet; thence north 73°32'14" west 119.40 feet to the true point of
beginning, containing .41 acre, more or less,
all in section 2, Township 34 North, Range 2 East, Willamette Meridian, Skagit County,
Washington, containing an aggregate of 2.41 acres,more or less.
Allotment T2:
Lot 7, Lot 8 &Tract 37,
EXCEPT parcels A&B within Lot 7, containing 1.20 acres, more or less, conveyed to
the State of Washington by deed approved 6/16/1971, Doc. NO. 122-288,
Containing 15.69 acres, more or less.
EXHIBIT A TO EASEMENT FOR WATER PIPELINES
AND AGREEMENT TO PROVIDE WATER SUPPLY Page 5 of 6
IHijiI1I1LIj !thJIIIJiiII
Skagit County Auditor
4/19/2013 Page 23 of 3012:18PM
T1020 Legal Description:
PARCEL "B":
Government Lots 4 and 5 of Section 2, Township 34 North,Range 2 East, W.M.,
EXCEPT those portions thereof conveyed to Skagit County for road purposes by deeds
recorded under Auditor's File Nos. 27083, 168349, and 295588, AND EXCEPT those
portions thereof condemned by the State of Washington for highway purposes in Skagit
County Superior Court Cause Nos. 26128 and 31913.;
Road Right-of-Way Within Allotment 1:
Portions of the easement described in Exhibit "B", and depicted graphically in Exhibit
"C" of this document,lying within the road Right of Way granted to the Swinomish
Indian Tribal Community under Auditor's File No. 200707160174, and allowed under the
Act of February 5, 1948 (Sta. 25 U.S.C. 323-328).
Road Right-of-Way -Casino Drive:
Portions of the easement described in Exhibit "B" and depicted graphically in Exhibit "C"
of this document, lying within the Casino Drive Right of Way, deeded and transferred to
USA in Trust for the Swinomish Indian Tribal Community,under Auditor's File Number
200707160175, and portions of the Casino Drive Right of Way, deeded to the Swinomish
Indian Tribal Community under Auditor's File Number 200707160176.
EXHIBIT A TO EASEMENT FOR WATER PIPELINES
AND AGREEMENT TO PROVIDE WATER SUPPLY Page 6 of 6
RIVIYM1091
Skagit County Auditor
4/19/2013 Page 24 of 30 12:18PM
EXHIBIT"B"
WATERLINE EASEMENT
EASEMENT AREA#1:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 2,TOWNSHIP 34 NORTH,
RANGE 2 EAST,WILLAMETTE MERIDIAN, SKAGIT COUNTY,WASHINGTON;
THENCE NORTH 02°04'04"EAST,ALONG THE WEST LINE OF SAID SECTION 2,A
DISTANCE OF 2045.63 FEET TO ITS INTERSECTION WITH AN EXISTING 36-INCH
WATERMAIN, SAID POINT ALSO BEING THE POINT OF BEGINNING OF A 40.00 FOOT WIDE
WATERLINE EASEMENT, HAVING 20.00 FEET OF SUCH WIDTH ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE;
THENCE SOUTH 35°56'33" EAST,ALONG SAID EXISTING WATERMAIN,A DISTANCE OF
737.25 FEET;
THENCE SOUTH 42°10'39"EAST,ALONG SAID EXISTING WATERMAIN,A DISTANCE OF
206.93 FEET;
THENCE SOUTH 38°32'24"EAST, ALONG SAID EXISTING WATERMAIN,A DISTANCE OF
268.67 FEET;
THENCE SOUTH 58°30'37" EAST,ALONG SAID EXISTING WATERMAIN, A DISTANCE OF
167.23 FEET;
THENCE SOUTH 62°31'38" EAST,ALONG SAID EXISTING WATERMAIN, A DISTANCE OF
123.36 FEET;
THENCE SOUTH 66°29'29"EAST,ALONG SAID EXISTING WATERMAIN,A DISTANCE OF
272.58 FEET;
THENCE SOUTH 67°44'13"EAST,ALONG SAID EXISTING WATERMAIN,A DISTANCE OF
388.83 FEET;
THENCE SOUTH 70°01'46"EAST, ALONG SAID EXISTING WATERMAIN,A DISTANCE OF
401.82 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT"A";
THENCE CONTINUING SOUTH 70°01'46" EAST,ALONG SAID EXISTING WATERMAIN,A
DISTANCE OF 18.70 FEET;
THENCE SOUTH 22°10'33" EAST,A DISTANCE OF 61.22 FEET TO A POINT ON THE SOUTH
LINE OF THE SKAGIT COUNTY ROAD RIGHT-OF-WAY, SAID POINT BEING HEREINAFTER
REFERRED TO AS POINT"B";
THENCE CONTINUING SOUTH 22°10'33"EAST, A DISTANCE OF 193.39 FEET TO AN
INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROUTE 20,
ACCORDING TO WASHINGTON STATE HIGHWAY COMMISSION PLAN ENTITLED "SR 20
MP 10.25 TO MP 14.91 MARCH POINT RD.TO FREDONIA, SKAGIT COUNTY, DATED APRIL
3, 1969;
THENCE CONTINUING SOUTH 22°10'33"EAST,A DISTANCE OF 232.31 FEET;
THENCE SOUTH 21°11'27"WEST,A DISTANCE OF 17.40 FEET TO AN INTERSECTION
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROUTE 20,AND THE
TERMINUS OF SAID CENTERLINE.
THE SIDELINES OF SAID EASEMENT PORTION SHALL BE LENGTHENED OR SHORTENED
SO AS TO TERMINATE AT THE WEST LINE OF SAID SECTION 2, AND THE SOUTHERLY
RIGHT-OF-WAY LINE OF STATE ROUTE 20.
SAID EASEMENT PORTION CONTAINS 123,586 SQUARE FEET, OR 2.84 ACRES OF LAND,
MORE OR LESS.
TOGETHER WITH;
EXHIBIT B TO EASEMENT FOR WATER PIPELINES
AND AGREEMENT TO PROVIDE WATER SUPPLY Page 1 of 3
LID IIIIIfIIIi41II1111ICI11II N
201 04190072
Skagit County Auditor
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EASEMENT AREA#2:
COMMENCING AT A POINT HEREINABOVE REFERRED TO AS POINT"A";
THENCE NORTH 18°56'43"EAST, 20.00 FEET TO THE POINT OF BEGINNING OF A 20.00
FOOT WIDE WATERLINE EASEMENT, HAVING 10.00 FEET OF SUCH WIDTH ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE;
THENCE CONTINUING NORTH 18°56'43" EAST, 43.25 FEET TO THE NORTHERLY RIGHT-
OF-WAY LINE OF SOUTH MARCH POINT ROAD(CASINO DRIVE);
THENCE CONTINUING NORTH 18°56'43"EAST, 323.79 FEET TO THE TERMINUS OF SAID
CENTERLINE;
THE SIDELINES OF SAID EASEMENT PORTION SHALL BE LENGTHENED OR SHORTENED
SO AS TO TERMINATE AT THE NORTHERLY LINE OF ABOVE DESCRIBED EASEMENT
AREA#1.
SAID EASEMENT PORTION CONTAINS 7,341 SQUARE FEET, OR 0.17 ACRES OF LAND,
MORE OR LESS.
TOGETHER WITH;
EASEMENT AREA#3:
COMMENCING AT A POINT HEREINABOVE REFERRED TO AS POINT"B";
THENCE SOUTH 22°34'10" EAST,A DISTANCE OF 31.20 FEET TO ITS INTERSECTION
WITH AN EXISTING 24-INCH WATERMAIN, SAID INTERSECTION ALSO BEING THE POINT
OF BEGINNING OF A 40,00 FOOT WIDE WATERLINE EASEMENT, HAVING 20.00 FEET OF
SUCH WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE;
THENCE SOUTH 70°20'04"EAST,A DISTANCE OF 1154 FEET, MORE OR LESS TO THE
CENTERLINE OF THE SWINOMISH SLOUGH AND THE TERMINUS OF SAID CENTERLINE.
THE SIDELINES OF SAID EASEMENT PORTION SHALL BE LENGTHENED OR SHORTENED
SO AS TO TERMINATE AT THE EASTERLY LINE OF THE ABOVE DESCRIBED EASEMENT
AREA#1.
SAID EASEMENT PORTION CONTAINS 45,098 SQUARE FEET, OR 1.04 ACRES OF LAND,
MORE OR LESS.
TOGETHER WITH;
EASEMENT AREA#4:
COMMENCING AT A POINT HEREINABOVE REFERRED TO AS POINT"B";
THENCE SOUTH 22°10'33"EAST,A DISTANCE OF 193.39 FEET TO AN INTERSECTION
WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROUTE 20,ACCORDING TO
WASHINGTON STATE HIGHWAY COMMISSION PLAN ENTITLED"SR 20 MP 10.25 TO MP
14.91 MARCH POINT RD. TO FREDONIA, SKAGIT COUNTY, DATED APRIL 3, 1969;
THENCE CONTINUING SOUTH 22°10'33" EAST,A DISTANCE OF 232.31 FEET;
THENCE SOUTH 21°11'27"WEST,A DISTANCE OF 17.40 FEET TO AN INTERSECTION
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROUTE 20;
THENCE NORTH 74°59'39"WEST,4.34 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-
WAY LINE OF SAID STATE ROUTE 20, SAID POINT ALSO BEING THE POINT OF
BEGINNING OF A 50.00 FOOT WIDE WATERLINE EASEMENT, HAVING 25.00 FEET OF
SUCH WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE;
THENCE SOUTH 14'10'29"WEST, 66.87 FEET TO THE BEGINNING OF A 4,166.86 FOOT
RADIUS CURVE TO THE LEFT,AND TO WHICH BEGINNING A LINE FROM THE RADIUS
POINT BEARS SOUTH 15°01'22"WEST;
EXHIBIT B TO EASEMENT FOR WATER PIPELINES
AND AGREEMENT TO PROVIDE WATER SUPPLY Page 2 of 3
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Skagit County Auditor
4'19/2013 Page 26 of 30 12:18PM
THENCE SOUTHEASTERLY ALONG SAID CURVE,A DISTANCE OF 62.26 FEET THROUGH
A CENTRAL ANGLE OF 00°51'22"TO A POINT OF TANGENCY;
THENCE SOUTH 75°50'00"EAST, 950 FEET, MORE OR LESS TO THE CENTERLINE OF THE
SWINOMISH SLOUGH AND THE TERMINUS OF SAID CENTERLINE.
THE SIDELINES OF SAID EASEMENT PORTION SHALL BE LENGTHENED OR SHORTENED
SO AS TO TERMINATE AT SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROUTE 20.
SAID EASEMENT PORTION CONTAINS 53,956 SQUARE FEET, OR 1.24 ACRES OF LAND,
MORE OR LESS.
EXHIBIT B TO EASEMENT FOR WATER PIPELINES
AND AGREEMENT TO PROVIDE WATER SUPPLY Page 3 of 3
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Skagit County Auditor
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EXHIBIT"B-2"
WATERLINE EASEMENT
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 2,TOWNSHIP 34 NORTH,
RANGE 2 EAST,WILLAMETTE MERIDIAN, SKAGIT COUNTY,WASHINGTON;
THENCE NORTH 02°04'04"EAST, ON THE WEST LINE OF SAID SECTION 2, A DISTANCE
OF 1165.17 FEET TO A POINT ON AN EXISTING 36-INCH WATERMAIN,SAID POINT ALSO
BEING THE POINT OF BEGINNING OF A 40.00 FOOT WIDE WATERLINE EASEMENT,
HAVING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE;
THENCE SOUTH 89°55'04" EAST,ALONG SAID EXISTING WATERMAIN,A DISTANCE OF
34.66 FEET;
THENCE NORTH 43°26'31"EAST, ALONG SAID EXISTING WATERMAIN, A DISTANCE OF
48.14 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT"A"; THENCE
CONTINUING NORTH 43°26'31" EAST, ALONG SAID EXISTING WATERMAIN,A DISTANCE
OF 403.94 FEET; THENCE NORTH 89°40'35"EAST, ALONG SAID EXISTING WATERMAIN, A
DISTANCE OF 145.24 FEET; THENCE SOUTH 37°12'41"EAST, ALONG SAID EXISTING
WATERMAIN,A DISTANCE OF 111.51 FEET;THENCE SOUTH 37°35'37"EAST, 72.00 FEET;
THENCE SOUTH 19°55'31"WEST, A DISTANCE OF 117.58 FEET;THENCE SOUTH 40°04'24"
EAST,A DISTANCE OF 263.14 FEET; THENCE SOUTH 66°53'10"EAST,A DISTANCE OF
1246.12 FEET;THENCE SOUTH 69°53'30"EAST, A DISTANCE OF 115.33 FEET;THENCE
NORTH 20°06'34"EAST,A DISTANCE OF 101.94 FEET;THENCE NORTH 20°06'23"EAST,A
DISTANCE OF 301.05 FEET; THENCE NORTH 14°31'18" EAST, A DISTANCE OF 11.17 FEET;
THENCE SOUTH 75°06'51" EAST,A DISTANCE OF 1070 FEET,MORE OR LESS TO THE
CENTER OF THE SWINOMISH SLOUGH AND THE TERMINUS OF SAID CENTERLINE;
TOGETHER WITH;
A 30.00 FOOT WIDE WATERLINE EASEMENT, HAVING 15.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE;
BEGINNING AT A POINT HEREINABOVE REFERRED TO AS POINT"A"; THENCE NORTH
89°55'04"WEST,A DISTANCE OF 66.49 FEET TO SAID CENTERLINE'S TERMINATION AT
THE WEST LINE OF SAID SECTION 2.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED SO AS
TO TERMINATE AT THE WEST LINE OF SAID SECTION 2.
SAID EASEMENT AREA CONTAINS 162,864 SQUARE FEET, OR 3.74 ACRES OF LAND,
MORE OR LESS.
EXHIBIT B-2 TO EASEMENT FOR WATER PIPELINES
AND AGREEMENT TO PROVIDE WAT P 'i rPPT v Page 1 of 1
IN ilJJUJIiHINi lip iia Ii1NII
2 041 900 2
Skagit County Auditor
4/1912013 Page 28 of 30 12:18PM
EXHIBIT C
FOUND MEANDER CORNER ,
`2" BRASS CAP ON IRON PEPS
'
l POINT OF BEGINNING Depiction of East Bank I �"�, EASEMENT AREA � 1 e� Swinomish Siaugh
ALLOTMENT 1/ Rr added by city staff `
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EXHIBIT C TO EASEMENT FOR WATER PIPELINES AND AGREEMENT TO PROVIDE WATER SUPPLY Page 1 of 1
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