Loading...
HomeMy WebLinkAbout5347 RESOLUTION NO. 5 3 4 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ' EXECUTE AN AGREEMENT FOR RELINQUISHMENT AND QUITCLAIM OF EASEMENT RIGHTS, INCLUDING A USE AGREEMENT WITH KING COUNTY FOR A PORTION OF BRANNAN PARK, ALL RELATED TO BRANNAN PARK WHEREAS, on February 19, 2013, the City adopted Resolution No. 4905 which authorized the City to enter into an Interlocal Agreement with King County and the King County Flood Control Zone District for easements associated with the Reddington Levee Extension and Setback Projec#; ar�d WHEREAS, pursuant to the Interlocal Agreemen�, the City, on April 24, 2013, granted a Flood Protection Easement to King County which granted King County a perpetual easement for flood protection purposes; and WHEREAS, a partion of the Flood Protection Easement area is located on a portion of Brannan Park, a municipal park purchased by the City in 1971 with funds from the predecessor in interest to the State of Washington Recreation and Conservation Office (RCO); and WHEREAS, the City is responsible for complying with the terms and condifions of the 1971 RCO project agreement and grant program requirements; and WHEREAS, RCO has determined that the grant of a real property interest in the form of Flood Control Easement has triggered a conversion requirement; and WHEREAS, RCO has also determined that a Use Agreement that does not amount to grant of a real property interest running with the I.and in perpetuity would not trigger such a conversion requirement; and Resolution No. 5347 January 23, 2018 Page 1 of 3 WHEREAS, to resolve the issue and to carry out the intent of the 2013 Flood Control Zone District Interlocal Agreement, King County agrees to relinquish and quitclaim its rights under the Easement back to the City in return for the City agreeing to enter into a Use Agreement with King County for flood protection purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute doeuments reflecting agreement between the City and King County providing for easement, use and flood protection purposes for and related to Brannan Park, including Relinquishment and - Quitclaim of Easement Rights, as well as a Use Agreement with King County for a portion of Brannan Park, which agreement documents shall be in substantial conformity with the documents attached hereto; collectiyely marked as Attachment "I" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatuces hereon. Dated and Signed this a,,�day of ��L.,�-�..,�,���, 2018. CITY OF AUBURN ATTEST: ANCY KUS, MAYOR — � �Danielle E. Daskam, City Clerk Resolution No. 5347 January 23, 2018 Page 2 of 3 APPFi8V D • TO FORM: lip 1 D. 'eI B. Heid, ity Attorney Resolution No. 5347 January 23, 2018 Page 3 of 3 AFTER RECORDING RETURN TO:King County Real Estate Services Section500 Fourth Avenue, Suite 830Seattle, WA 981042018080200018EASEMENT Rec: $113.008/2/2018 10:32 AMKING COUNT/, WAEXCISE TAX NOT REQUIREDKing Co. R^cord^ DivisionBy—'i^! ___. Deputy\JReference No: 20140425000455, (^CAyf\^ •?Relinquishor of Easement Rights: Kl?r COUNTY, a political subdivision of the Stateof Washington ^ ^n1t>rj)Property Owner: Cit/of Auburn, a Washington Municipal CorporationTax ID No: 000100-0081^J^brY^^O^ ^/ T2(Al, ^(^^^REUNQUISHMENT AND QUITCLAIM OF EASEMENT RIGHTSThis Relinquishment and Quitclaim of Easement Rights is made by King County, apolitical subdivision of the State of Washington ("King County" or "Relinquishor") infavor of the City of Auburn, a Washington municipal corporation, ("City") (collectivelyreferred to herein as the "Parties").RECITALSA. King County, the Relinquishor herein, is the Grantee of a Flood ProtectionEasement adjacent to the Green River in the City of Auburn, in King County,Washington, recorded under Auditors File number 20140425000455 (the "Easement")and granted by the City of Auburn ("Grantor"). The property that is subject to theEasement is identified in Exhibit A to the Easement, the Easement area is described inExhibit B to the Easement, and the Easement area is depicted in Exhibit C to theEasement ("Easement Area"). Each of these Exhibits is attached hereto and incorporatedherein by this reference.B. The City of Auburn is the owner of the underlying fee interest of the Property describedin Exhibit A and is the Grantor of the Easement. The Property functions as a City of Auburnmunicipal park called "Brannan Park", and the park was purchased by the City in 1971 withfunds from the predecessor in interest to the State of Washington Recreation and ConservationOffice ("RCO"). The City is responsible for complying with the terms and conditions of theRCO project agreement and grant program requirements.C. The Easement granted King County a perpetual easement for the purposes of (1)accessing and constructing, inspecting, monitoring, reconstructing, maintaining andrepairing river bank protection, levees and/or other flood related works, includinginstalling, inspecting and maintaining all vegetation and any other appurtenances thereto,(2) constructing, reconstructing, repairing, maintaining, locating and relocating utilitiesand stormwater facilities or improvements, and (3) constructing, reconstructing, repairing, maintaining, locating and relocating trail improvements across, in, under, on,over and upon the Easement Area.D. RCO has determined that the grant of the real property interest in the form of theEasement has triggered a conversion requirement with respect to the Easement Area, butthat a use agreement that does not amount to a grant of a real property interest runningwith the land in perpetuity would not trigger such conversion requirement.E. King County is agreeable to relinquishing and quitclaiming its rights under theEasement back to the City of Auburn, in exchange for the City agreeing to enter into ause agreement with King County for access to and use of the Easement Area for floodprotection purposes. The City of Auburn is agreeable to accepting the relmquishmentand quitclaim of easement rights and to entering into a use agreement for the EasementArea, substantially in the form of the Use Agreement attached hereto as Exhibit D.NOW, THERBFORE, in consideration of the mutual benefits described herein, and forother good and valuable consideration, the receipt and sufficiency of which is herebyacknowledged, King County hereby agrees that right, title and interest in the Easement isto be relinquished and quitclaimed to the City of Auburn and terminated under thefollowing terms and conditions.1. The Recitals above are hereby incorporated herein and made a part hereof.2. King County hereby relinquishes and quitclaims all right, title and interest inthe Easement recorded under Auditor's File Numbers 20140425000455 to theCity of Auburn, upon execution by both Parties of the Use Agreement,substantially in the form of that attached hereto as Exhibit D.3. The City of Auburn, as the fee owner of the Easement Area, hereby acceptsand approves the relinquishment and quitclaim by King County of all KingCounty's right, title and interest in the Easement to the City of Auburn, andhereby consents to the termination of any and all obligations and rights of the Cityof Auburn, and any and all obligations and rights of King County, under the termsof the Easement, upon execution of the Use Agreement, substantially in the formof that attached hereto as Exhibit D.4. The City of Auburn (the City herein) shall, on or before ^-e^^^-^'^Idate],^sign a Use Agreement, substantially in the form of that attached hereto as ExhibitD, for the area owned by the City that is necessary for King County to meet itsflood protection purposes.5. The Parties agree that this Relinquishment and Quitclaim of Easement Rightsshall not be recorded until the Use Agreement, as referred to in Paragraphs 2, 3,and 4 above, is fully executed. This Relinquishment and Quitclaim of Easement Rights shall inure to the benefit of andbe binding upon the heirs, executors, administrators, and successors in interest andassigns of King County and the City of Auburn.DATED thisday of,201GTON-r:,n^mejReM Estate jServfices GtivisionDATED:APPROVED AS TO FORM:(^v^\./\. ? < <i^^1->/Senior Deputy Prosecuting AttorneyDATED: 4- ^iiCITY OF AUBURNDATED: N*2..t4.^DATED: ^y//'//7STATE OF WASHINGTON ))SSCOUNTY OF KING )I certify that /Y/-1 ^/£y^^/ L^U//i<yW, signed this instrument, and on oath stated thatwas authorized b/ the Kin^ County Executive to execute the instrument, andA^;knovacknowledged it as the Manager of the Real Estate Services Section of the Facilities ManagementDivision of the Department of Executive Services of King County, Washington to be the free andvoluntary act of said County for the uses and purposes mentioned in the instrument.Dated this /^ day of ^_,201-^ .7t€^'—»-(£>NOTARY PUBLIC inland, for the State of Washington,residing at: J?^^"Tr/f» /My appointment expires: ^>^/ '•' /^j ~^-€^f€f STATE OF WASHINGTON ))SSCOUNTY OF KING )I certify that '^^o^rxc.v ^ \Sra<~~y^^ ^ of the City of Auburn, a Washington municipalcoi-poration, executed the within and foregoing instrument, and acknowledge said instrument to bethe free and voluntary act and deed of said entity for the uses and purposes therein mentioned; andon oath stated that he was qualified and acting on behalf of the City of Auburn and was authorizedto execute said instrument on behalf ofthe City of Auburn.Dated this^ \^ day of ^.V.<^ ^., ,201^NOTARY PUBLIC in and for the State of Washington,residing at:'^'y^^e.^v_oXA . ^_^-s\My appointment expires: _ <^-\/ '^> <\ / SL<^!^ff\^'\.4'^\^^^^<\^0^^^::flt^^w^"EXHIBIT A PROPERTY SUBJECT TO THE EASEMENTLEGAL DESCRIPTIONThat portion of the William H. Bramian Donation Land Claim No. 37, in Section 6,Township 21 North, Range 5 East, W.M., In King County, Washington, described asfollows:Beginning at a point South 0°59'00" East 157.60 feet from the Northwest comer ofsaid donation claim;Thence North 89°19'00" East 1,1 17.00 feet to the true point of beginning;Thence North 89°19'00" East 1083.10 feet to the West bank of the Green River(formerly "White River"),Thence along said West bank South 17°24'00't West 59.50 feet;Thence South 6048'00" West 242.70 feet;Thence South 1025'00)t West 184.50 feet;Thence South 17° 53'00't East 153.10 feet;Thence South 6°28'00" East 260.00 feet;Thence South 12°25>00" East 298.90 feet;Thence South 89°19'00" West 1,148.30 feet, more or less, to a point from which thetrue pint of beginning bears North 0°59'00" West;Thence North 0°59' 00" West 1,183.69 feet, more or less, to the true point ofbeginning;Except those portions thereof conveyed to King County for John Reddington Co.Road by deeds recorded under Auditor's file numbers 2776025 and 2776026;And, except portion, if any, lying within 26th Street Northeast (Also known as South303rd Street);And except that portion described as follows:Commencing at the Northwest comer of said Donation Claim No. 37;Thence North 89° 19' East along the North line thereof, 1,U7 feet;Thence South 0°59' East, parallel to the West line thereof, 728.6 feet to the point ofbeginning;Thence South 0°59' East 612.27 feet;Thence North 89°17'14" East 505 feet;Thence Westerly along a curve to the right, the radius of which is equal to 538.42feet through a central angle of 10°42t23", a distance of 100.61 feet;Thence South 89° 19' West 220 feet;Thence westerly along a curve to the left, the radius of which is equal to 336.345 feetthrough a central angle of 13°33T51" a distance of 79.63 feet;Thence South 75°45'09" West 9.505 feet;Thence westerly along a curve to the right, the radius of which is equal to 336.345 feetthrough a central angle of 13°33'51" a distance of 79.63 feet; Thence South 89°19' West 10.00 feet to the point of beginning. (Being known as GreatWestern Addition Division No. I)And being the same as described in Warranty Deed recorded under Recording Number7111010246, records of King County. EXHIBIT BEASEMENT AREAAll that portion of the above described Exhibit "A", located in the Southeast Quarterof Section 6, Township 21 North, Range 5 East, Willamette Meridian, King County,Washington, lying easterly of the following described line:Commencing at engineers station 0+00.00 point on the Levee Alignment Surveyrecorded under Recording Number 20121017900001, Records of King County;Thence N11 03'14"W a distance of 13.24 feet to the beginning of a curve concave tothe southwest the radius point of which bears S78°56'46MW, 37.90 feet distant;Thence along said curve through a delta angle of48°56'36" a distance of 32.38 feetto a point on the easterly boundary line of the property described in Exhibit "A," atengineers station 0+45.62 on said Levec Alignment Survey and the TRUE POINTOF BEGINNING;Thence continuing along said curve through a delta angle of09°05'35" a distance of6.01 feet;Thence N69°05'25"W a distance of 97.06 feet to the beginning of a curve concave tothe northeast the radius point of which bears N20°54135'tE, 112.50 feet distant;thence along said curve through a delta angle of6956'48" a distance of 137.34 feet;Thence N02 53'41"E a distance of 186.69 feet to the beginning of a curve concave tothe west the radius point of which bears S89°36'42"W, 659.86 feet distant;Thence along said curve through a delta angle of08°50'56" a distance of 101.91 feet;Thence N12°31'14"W a distance of 256.63 feet to the beginning of a curve concaveto the east the radiuspoint of which bears N 78Q23'02M E, 315.34 feet distant;Thence along said curve through a delta angle of20°21f52" a distance of 112.08 feet;Thence N07049'02ME a distance of 239.99 feet to the beginning of a curve concave tothe east the radius point of which bears S 84°10'18'1 E, 117.61 feet distant;Thence along said curve through a delta angle of 14°19'40" a distance of 29.41 feet;Thence N16°58'24"E a distance of 66.40 feet;Thence N17°52'31"E a distance of 15.99 feet to a point on the north line of theproperty described in Exhibit "A," opposite engineers station 12+95.42 on saidLcvee Alignment Survey and 0.93 feet easterly measured at right angles therefrom,and the TERMINUS OF THIS LINE.Containing 130,031 square feet (2.99 acres).Note: Basis of bearings for this Exhibit B description is Record of Survey filed underRecording Number 20121017900001. EXHIBIT CEASEMENT DIAGRAMKING COUNTYREDDINGTONBRANNAN PARKTAX LOT {I 000100-0081 (TAX EXEMPT)LEVEE AREA = 150,031 SO. FT, (2.99 ACRES)12+95.42. 0.93R(PROPOSED IRVCTTALIGNMENT PERJM..UUZ30oopi.;\ASSESSOR'SPARCEL NO.;000100-00810+45.630 200-^^^™^400SCALE IN FEET8ASIS OF BEARfNGS:RECORD OF SURVEY AFN 20121017900001LLNE AND CURVE TABLE MEASURED)L1;C1;C2:L2:CJ:L5:C4;L4;C5;L5:C6;L6;L7:L8;L9:L10;Lll:L12:L13:U4:Niroj'14R-57.90',R=37.90',NR=N69'05'25=112.501,02-5^41R=659.86',N12'^1114R=515.34\N0?-49'02'R=1t7.61'.NNs5sssss16-58>24117-52'3189'02'26r19'02'54'08'26'^4'03'0;5'.34'16-)4'26'04'49'26'10'46'26'" w13.24'OELTA=48-56'36" L=32.^8'DELTA=09'05'3ft" L=6.01'" w97.06'D£LTA=69156'48" L=157,34" E186,69'DELTA=08'50'56" L=101.91" E256.63'OELTA=20-21'52" L= 11 2.08" E;239,99'DELTA=14'19'40" L=29.4T" E" E' E' V/' w' w' E' E' E66.40'15.99'115.0?'59.50'2+2.70'184.50'155,10'2KO.OO'254.88'(PROPOSED LEVEE ALIGNMENTPER ROS 20121017900001)•A^)S^'(L1)0^-00.00(PROPOSED LEVEEALIGNMENT)ENGINEERS !NC,EXHIBIT "C" EASEMENT DIAGRAMASSESSOR'S PARCEL NO. 000100-0081 (TAX EXEMPT)SE % SECTION S, FOWNSHIP 21N,, RANGE 5E,, W.M.PACE 1OF 1 EXHIBIT DUSE AGREEMENTUSE AGREEMENT FOR PORTION OF BRANNAN PARKThe City of Auburn, a municipal corporation of the State of Washington ("City"), asowner of the property legally described in Exhibit 1, attached hereto and incorporatedherein by this reference ("Property ), hereby enters into this Use Agreement for Portionof Brannan Park ("Use Agreement") with King County, a political subdivision of theState of Washington, whereby King County is granted the right to use of a portion of theProperty, as described in Exhibit 2 and depicted in Exhibit 3, attached hereto andincorporated herein by this reference ("Use Area"), for river protection purposes, as morefully specified herein.Recitals:A. Brannan Park, a municipal park owned and operated by the City for parkrecreation purposes, is adjacent to the Green River and has been threatened byflooding when the river reaches flood stages.B. King County, as service provider to the King County Flood Control District("District") has constructed through District funding a flood protection facilityalong a portion of the Green River, called the Reddington Setback Levee Project("Project").C. A portion of the Project has been built in the Use Area, and provides enhancedflood protection to Brannan Park and other portions of the City.D. In order to operate, maintain and repair the Project, King County needs access tothe Use Area to engage in the activities described in Paragraph 2 below.E. Upon the completion of construction of the Project, grass and landscaping in theUse Area were installed, such that a compatible use with other Brannan Parkgrassed and landscaped areas has been achieved.NOW THEREFORE, for good and valuable consideration, the receipt andsufficiency of which is hereby acknowledged, the City as the owner of theProperty and King County as the entity responsible for the Project, hereby agreeas follows:1. The Recitals above are hereby incorporated herein and made a part hereof.2. The City grants King County the right to use the Use Area for the purposes of (a)accessing and constructing, inspecting, monitoring, reconstructing, maintainingand repairing river bank protection, levees and/or other flood related works,including installing, inspecting and maintaining all vegetation and any otherappurtenances thereto, (b) constructing, reconstructing, repairing, maintaining,locating and relocating utilities and stormwater facilities or improvements, and (c) constructing, reconstructing, repairing, maintaining, locating and relocating trailimprovements across, in, under, on, over and upon the Use Area.3. Upon undertaking any of the actions provided for in Paragraph 2 above, theCounty shall return the area impacted by such activities to the prior grassed andlandscaped condition, provided that such restorative measures can be reasonablyundertaken without compromising the flood protection features of the Project.4. King County shall have reasonable ingress and egress upon the Property to accessthe Use Area.5. King County shall have the right at such time as may be necessary and in theexercise of its reasonable discretion, to enter upon the Property and to haveunimpeded access to, in and through the Use Area for the purposes of undertakingthe activities described in Paragraphs 2,3,and 4 above.6. The City agrees not to plant non-native vegetation within the Use Area and not toremove or otherwise alter any improvements installed by the County, includingany native vegetation that maybe planted and any flood protection works that maybe constructed, within the Use Area, without obtaining the prior approval of theCounty.7. For the purposes of this Use Agreement, the term "native vegetation" shall meanvegetation comprised of plant species, other than noxious weeds (as identified onthe State of Washington noxious weed list found at Washington AdministrativeCode Chapter 16-750, as amended from time to time), which are indigenous to thecoastal region of the Pacific Northwest and which reasonably could have beenexpected to naturally occur at the site.8. Neither the City nor the County under the terms of this Use Agreement areobligated to future maintenance, repair or other action related to the Project. ThisUse Agreement and/or any flood related works constructed or to be constructedwithin the Use Area shall not be construed as granting any rights to any thirdperson or entity, or as a guarantee of any protection from flooding or flooddamage, and nothing contained herein shall be construed as waiving anyimmunity to liability granted to the City and the County by any state statute,including Chapters 86.12 and 86.15 of the Revised Code of Washington, or asotherwise granted or provided for by law.9. This Use Agreement is of indefinite duration, and may only be terminated by theCity upon written notice being delivered to the County at least sixty (60) daysprior the termination date on the basis that the County has breached the terms ofthis Use Agreement. If the breach is curable, the County may cure the breachwithin the 60 day period and provide notice of such cure within the 60 day period.10 The Parties agree to engage in arbitration before undertaking any litigation withregard to the terms of this Use Agreement or its breach.10. The rights, conditions, and provisions of this Use Agreement shall inure to thebenefit of and be binding upon the successors in interest and assigns of the Cityand the County.IN WITNESS WHEREOF, the Parties have executed this Agreement on theday of_ _ _,201_ _.KING COUNTS WASHINGTONCITY OF AUBURNl&JTAAPPROVED AS TO FORM:&V\A^ ^. t'J-(//^n^ieDATED: ^ <;^APPROVED A^-yO^ORM:DATED: ^//Y,11 EXHIBIT 1PROPERTY SUBJECT TO THE USE AGREEMENTLEGAL DESCRIPTIONThat portion of the William H. Brannan Donation Land Claim No. 37, in Section 6,Township 21 North, Range 5 East, WM., in King County, Washington, described asfollows:Beginning at a point South 0°59'00" East 157.60 feet from the Northwest comer ofsaid donation claim;Thence North 89°19'00" East 1,117.00 feet to the true point of beginning;Thence North 89°19'00" East 1083.10 feet to the West bank of the Green River(formerly "White River");Thence along said West bank South 17°24'00" West 59.50 feet;Thence South 6048'00" West 242.70 feet;Thence South 1°25'00" West 184.50 feet;Thence South 17° 53'00" East 153.10 feet;Thence South 6°28'00" East 260.00 feet;Thence South 12025'00ft East 298.90 feet;Thence South 89°19'00" West 1,148.30 feet, more or less, to a point from which thetrue pint of beginning bears North 0°59'00" West;Thence North 0°59' 00" West 1,183.69 feet, more or less, to the true point ofbeginning;Except those portions thereof conveyed to King County for John Reddington Co.Road by deeds recorded under Auditor's file numbers 2776025 and 2776026;And, except portion, if any, lying within 26th Street Northeast (Also known as South303rd Street);And except that portion described as follows:Commencing at the Northwest comer of said Donation Claim No. 37;Thence North 89° 19' East along the North line thereof, 1 J 17 feet;Thence South 0°59' East, parallel to the West line thereof, 728.6 feet to the point ofbeginning;Thence South 0°59' East 612.27 feet;Thence North 89°17'14" East 505 feet;Thence Westerly along a curve to the right, the radius of which is equal to 538.42feet through a central angle of 10°42'23", a distance of 100.61 feet;Thence South 89° 19' West 220 feet;Thence westerly along a curve to the left, the radius of which is equal to 336.345 feetthrough a central angle of 13°33'51" a distance of 79.63 feet;Thence South 75°45'09" West 9.505 faet;12 Thence westerly along a curve to the right, the radius of which is equal to 336.345 feetthrough a central angle of 13°33'51" a distance of 79.63 feet;Thence South 89°19' West 10.00 feet to the point of beginning. (Being known as GreatWestern Addition Division No. I)And being the same as described in Warranty Deed recorded under Recording Number7111010246, records of King County.13 EXHIBIT 2RIGHT TO USE AREAAll that portion of the above described Exhibit "I", located in the Southeast Quarterof Section 6, Township 21 North, Range 5 East, Willamette Meridian, King County,Washington, lying easterly of the following described line:Commencing at engineers station 0+00.00 point on the Levee Alignment Surveyrecorded under Recording Number 20121017900001, Records of King County;Thence N11°03<14"W a distance of 13.24 feet to the beginning of a curve concave tothe southwest the radius point of which bears S78°56'46"W, 37.90 feet distant;Thence along said curve through a delta angle of48°56'36" a distance of 32.38 feetto a point on the casterly boundary line of the property described in Exhibit <tl," atengineers station 0+45.62 on said Levee Alignment Survey and the TRUE POINTOF BEGINNING;Thence continuing along said curve through a delta angle of09°05'35" a distance of6.01 feet;Thence N69°05'25"W a distance of 97.06 feet to the beginning of a curve concave tothe northeast the radius point of which bears N20°54'35"E, 112.50 feet distant;thence along said curve through a delta angle of69°56'48" a distance of 137.34 feet;Thence N02°53'41"E a distance of 186.69 feet to the beginning of a curve concave tothe west the radius point of which bears S89°36'42"W, 659.86 feet distant;Thence along said curve through a delta angle of08°50[56" a distance of 101.91 feet;Thence N12031fl4r'W a distance of 256.63 feet to the beginning of a curve concaveto the east the radiuspoint of which bears N 78°23'02" E, 315.34 feet distant;Thence along said curve through a delta angle of20°21'52" a distance of 112.08 feet;Thence N07°49'02"E a distance of 239.99 feet to the beginning of a curve concave tothe east the radius point of which bears S 84°10'18rl E, 117.61 feet distant;Thence along said curve through a delta angle of 14°19'40" a distance of 29.41 feet;Thence N16°58'24"E a distance of 66.40 feet;Thence N17°52'3l"E a distance of 15.99 feet to a point on the north line of theproperty described in Exhibit "I," opposite engineers station 12+95.42 on said LeveeAlignment Survey and 0.93 feet easterly measured at right angles therefrom, and theTERMINUS OF THIS LINE.Containing 130,031 square feet (2.99 acres).Note; Basis of bearings for this Exhibit 2 description is Record of Survey filed underRecording Number 20121017900001.14 MrtEVa"^ 000,'?0~OOS,^^%^^r''<!'9s^/(L9).%ss0^°°%-&^Qpfe--^^--^E^UBIT3DIAO^?^^'-^REA//0-;% 0. ../ sc^e^"^WT ®Sfi^/ ^,:*?w '"•—////^s^j^^i^S^&ySi^i^L^9^'l'^^ytti£:f3^1? '^r^^so-^.-^^^^^?°'5r^^,9,.NO^QV^rA^^--. v"^30S£1'.""2'08' iasrs19'0' i^r3y03'yK" 1~ ?5-59'' '5.0.?'59.50'^2:w.!fi<5o'!^.ws ^s:^'S ^,TO^'"c'^ ^^"^u]:- ton6'w^"^u-?; <? ^'0-3^" ^^; 5S^"^ ,^50u<; SSOJ49'^"^ ^•J.0110146'26" ^ ^W2^,QQ'Hi&r.^SSf^^e%wL£v^"/^*rwsLscc"o^?^?~ooo^r^o^~^^D^upu',oo~008,'"^^•^ce'^ ^PT) iP^F