AGREEMENT TO ACQUIRERIGHT-OF WAY CITY OF WENATCHEE COLUMBIA COLSTOR, INC.

Transcription

1 AGREEMENT TO ACQUIRERIGHT-OF WAY CITY OF WENATCHEE COLUMBIA COLSTOR, INC. This Agreement is made this day by and between City of Wenatchee,a municipal corporation of the Stateof Washington, hereafter referred to as City, and Columbia Colstor, lnc., a Washington corporation, hereafter referred to as the Property Owner. 1. Acquisition of Right-of-Way. For and in consideration of the City s plan to develop Riverside Drive, the receipt and adequacy of which is hereby acknowledged, Property Owner agrees to transferand convey and City agrees to accept and receive the following described real property, acquired as deeded right-of way: See Exhibit A attached hereto and as depicted as Colstor A on Exhibit B attached hereto and incorporated herein by this reference. 2. Exchange of Real Property. For and in consideration of an exchange of real property and cash consideration,the parties agree as follows: a. City agrees to sell and Property Owner agrees to purchase the following describedreal property: See Exhibit C attached hereto and as depicted as Tract B on Exhibit B" attached hereto and incorporated herein by this reference. b. Property Owner agrees to sell and City agrees to purchase the following described real property: See Exhibit F attached hereto and as depicted as Tract A, Tract C and Columbia Colstor B on Exhibit B attached hereto and incorporatedherein by this reference. c. In addition to the exchange of Tract B by City to Property Owner, and Tract A, Tract C and Columbia Colstor B" by Property Owner to City, City agrees to pay to Property Owner the sum of $152,664 to equalize the consideration. d. Property Owner owns fee title to that portion of Worthen Street described as follows: See Exhibit H" attached hereto and incorporated herein by this reference. AGREEMENT TO ACQUIRERIGHT-OF WAY Page 1 of 5

2 The public has used Worthen Street as public right of-waywith consent of Property Owner for a significant period of time. City will execute a release or quit claim deed at closing releasing, relinquishing,and conveying any interest it may have acquired in the above-described portion of Worthen Street, whether acquired by adverse possession or otherwise. Property Owner shall grant City an easement in the form attached hereto as Exhibit G for continued use as public right-of-wayand for municipal utilities over, under and across the above described portion of Worthen Street in its current locationon Property Owner s real property. The City agrees to sign the easement premises for truck traffic only upon?nal completion of Riverside Drive. The Property Owner shall have the right to move the easement premises and realign Worthen Street upon redevelopment of its property. 3. Conveyances. a. Title to Colstor A, Colstor B, Tract A and Tract C shall be conveyed by Property Owner to City by statutory warranty deed and shall be free and clear of easements, liens, leases, restrictions, reservations and encumbrances inconsistent with City s intendeduse of the property. b. Title to Tract B shall be conveyed by City to Property Owner by statutory warranty deed and shall be free andclear of liens, leases, easements, restrictions,. reservations and encumbrances inconsistentwith Property Owner s intended use of the property. 4. Title Insurance. c. Colstor A _, Colstor B, Tract A and Tract C. Property Owner authorizes closing agent, at Property Owner s expense, to apply for a standard form owner's policy of title insurance to be issued by Central Washington Title Insurance Company. The title policy shall containno exceptionsother than those contained in said standard form and those not inconsistentwith this Agreement. If title is not so insurable and cannot be made so insurableprior to closing, Purchaser may elect either to waive such encumbrancesor defects, or to terminatethis Agreement and receive a refund of the earnest money. d. Tract B. City authorizesclosing agent, at City s expense, to apply for a standard form owner's policy of title insuranceto be issuedby Central Washington Title InsuranceCompany. The title policy shall contain no exceptionsother than those contained in said standard form and those not inconsistentwith this Agreement. If title is not AGREEMENT TO ACQUIRERIG}-IT OF~WAY Page 2 of 5

3 A so insurable and cannot be made so insurable prior to closing, Purchaser may elect either to waive such encumbrancesor defects, or to terminate this Agreement and receive a refund of the earnest money. 5. Date of Closing. The date of closing shall be not later than 20 days after the award by the City and the acceptance by the contractor of the public works contract for construction of Riverside Drive, and shall be closed at Central Washington Title, Inc., Wenatchee, Washington. The parties shall execute such Escrow Instructionsand deliver into escrow any instrumentsand other documents as may be necessary to effectuate the intent of this Agreement. 6. Possession. Possessionshall be granted on the date of closing. 7. Taxes and Assessments. All real property taxes, assessments, utilitiesand other charges on the real property to be conveyed hereunder shall be pro-rated and paid as of the date of closing. 8. Closing Costs. City and the Property Owner shall each pay one halfof all escrow fees. The Property Owner shall pay any real estate excise tax that may be due to the extent the transfer of Colstor A, Colstor B, Tract A and Tract C is not exempt from such tax. City is exempt from excise tax on the transfer of Tract B. The parties shall each pay all remaining closing costs as are allocated by custom. 9. Default. In the event of default by Property Owner, the City shall have all legal and equitable remedies available to it for breach of the terms of this agreement including, but not limited to, speci?c performance. 10. Termination for Convenience. City may terminate this agreement prior to closing at its sole discretion and convenience. ll. Representations. No party makes any representations regarding the condition of the real property. No party has the right to rely upon any prior written or oral statements or representations. 12. General Provisions. TIME IS OF THE ESSENCE OF THIS AGREEMENT. There are no oral agreements modifying this Agreement. This Agreement constitutesthe full and complete understanding of the terms and provisions of the transactions between City and the Property Owner. 13. Drafting. This Agreement affects the legal rights and obligations of the parties and may have tax implicationsfor each party. This Agreement has been prepared by City s attorney. No legal advice or representation is being provided to the Property Owner by the City. Property Owner is represented by Nicholas L. Wallace of Schultheis Tablet Wallace. AGREEMENT TO ACQUIRERJGI-lT~OF WAY Page 3 of 5

4 14. Enforcement. In the event of enforcementof this Agreement, venue of any suit to enforce this Agreement shall be Chelan County, Washington. Each party shall pay its own attorney s fees and costs. 15. Assignment. Rights under this Agreement may not be assigned. 16. Successors. This Agreement shall be binding upon and shall inure to the bene?t of the respective successors,heirsand assigns of each of the parties. 17. Investigation and Feasibility Study Contirigengy. City shall have the right to enter the property and to conduct an investigation and a feasibility study of the suitability of the property for Purchaser sintended use including,but not limited to, market feasibility, surveys, and engineering and soils studies. This Agreement is conditioned upon the suitability of the property for City s intended use, in City s sole judgment and discretion. 18. Street Vacation Contingency. Property Owner sobligations hereunderare contingent on City approving a Petition to Vacate to be?led by Property Owner for that portion of Worthen Street describedas follows: See Exhibit D and as depicted as Tract D on Exhibit E attached hereto and incorporatedherein by this reference. Property Owner agrees to promptly?le with the City a Petition to Vacate in the form attached hereto as Exhibit I. By entering into this agreement, City makes no representation that the Petition to Vacate will be approved by the City. If the Petition to Vacate is approved by City, title to the vacated right-of waywill revert to Property Owner as the owner of the property directly adjoining the area to be vacated upon payment by Property Owner to City of the appraised fair market value of the vacated area. City will reserve an easement for use as public right of way and municipalutilities over, under and across the vacated right-of-way. The reservation of an easement by City shall be subject to the same relocation terms set forth in the Easement Grant attached hereto as Exhibit G. \\\ \\\ \\\ \\\ \\\ AGREEMENT TO ACQUIRERIGHT OF-WAY Page 4 of 5

5 Dated: DATED this Q day of?g:/z_ 4 4,2008. COLUMBIACOLSTOR,INC. A900? By: ga?-5/@< 73»»»-=;ge_L4 (PRINT NAME) President W C2L _gl»2 Z:/ L CITY OF WENATCHEE Dated:/ AGREEMENTTO ACQUIRERIGHT-OF-WAY Page 5 of 5

6 E EXHIBIT A ColumbiaColstor A - Worthern Street Assessor No A portion of Lot 2, Block1 of the Second Suburban HomeAdditionto the City of Wenatchee, Washington,according to the plat thereof recorded in Volume1 of Plats, Page 23, and Lots 10, 11and 12, Block1 River Front Additionaccordingto the plat recorded in Volume2 of Plats, Page 64, located in the Southwest quarter of the Northeast quarter of Section 3, Township22 North, Range20 East of the WillametteMeridian, more particularly described as follows: Beginningat the Southeast corner of said Lot 10, Block1,thence North 60 40'50"East a distanceof feet to the Northeast corner of said Lot 2, Block1:thence North 29 19'25" West a distance of feet: thence North 60 40'50" East a distance of feet to the True Pointof Beginning:thence continuingnorth 60 40'50" East for a distance of feet: thence feet alonga non-tangent curve to the left havinga radius of feet, a central angle of 11 38'08", witha chord bearingof North 00 47'49" West for a chord distance of feet: thence North 29 21'58" West for a distanceof feet, thence feet alonga non-tangent curve to the right havinga radius of feet, a central angle of 12 09'39", with a chord bearing of South 06 55'47" East for a chord distance of feet: thence feet, alonga reverse curve to the left havinga radius of feet, a central angle of 28 11'35", witha chord bearingof South 14 56'44" East for a chord distance of feet: thence South 29 02'30" East for a distance of feet: thence feet, alonga tangent curve to the right with a radius of feet, havinga central angle of 48 01'38", with a chord bearingof South 05 01'42" East for a chord distanceof feet to the True Pointof Beginning. EXHIBIT A" TO AGREEMENT TO ACQUIRERIGHT-OF-WAY CITY or WENATCHEE COLUMBIA COLSTOR.INC.

7 :'n1' DUE I runnaxmunmnv CITY OF WENATCHF!- \ NDQTHWEBT BEDDIMENBIDNS TO AGREEMENT TO ACQUIRERIGHT-OF-WAY CITY OF WENATCHEE COLUMBIACOLSTOR.INC.

8 EXHIBIT C Tract B - ColumbiaColstorWorthern Street Assessors No. Assessor No.22-20~O A portion of Lot 2, Block1 of the Second SuburbanHomeAdditionto the City of Wenatchee, Washington,accordingto the plat thereof recorded in Volume1 of Plats, Page 23, and Lots 10, 11and 12, Block1 River Front Additionaccordingto the plat recorded in Volume2 of Plats, Page 64, located in the Southwestquarter of the Northeast quarter of Section3, Township22 North, Range 20 East of the WillametteMeridian,more particularly described as follows: Beginningat the Southeast corner of said Lot 10, Block1,thence North 60 40'50"East a distance of feet to the Northeast corner of said Lot 2, Block1:thence North 29 19'25" West a distance of feet to the True Point of Beginning;thence continuing North 29 19'25" West a distance of feet: thence North 60 40'50" East for a distance of feet: thence feet alonga non-tangent curve to the right havinga radius of feet, a central angle of 11 52'53", a C_l'I,O_i1CI.b_?f..l!1g.O.f..50uII'h_24355i3.3f_\Mg5.1' - chord distance of feet to the True Point f?p a of Beginning. EXHIBIT C" TO AGREEMENT TO ACQUIRERIGIIT OF-WAY - CITY OF WENATCHEE COLUMBIA COLSTORỊNC.

9 -db EXHIBIT'1 Right of Way Vacation Worthern Street That portion of the right of Way of the North Worthen Street described as following. Beginning at the Northwest corner of Lot 12, Block 1, Riverfront Addition to Wenatchee, Chelan County, accordingto the Plat thereof recorded in Volume 2 Page 64 of Plats, and the True Point of Beginning; thence South 29 19'06 East along the Easterly right of Way North Worthen Street foradistance of feet; thence South 60 40'47 West for a distance of feet; thence South 29 19'13 East for a distance of feet; thence South :7 West for a distance of feet; thence North West along the Westerly right of way North Worthen Street for a distance of feet; thence North 60 40'47 East for a distance of feet to the True Point of Beginning.

10 [;,_c\r~i.\p3 3\' E, S60 40' 47"w CITY OF WE'NATCH.E'E' WDRYHENVACATION EXHIBIT cm or WENATCHEE WASHINGTON \ NDQTHWEST BEDDIMENBIONS

11 cocumnu. ' EXHIBIT F Tract A, Cand ColumbiaColstorB Worthern - Street Assessors No. Assessor No Tract A Aportion of Lot 2, Block1 of the Second SuburbanHomeAdditionto the City of Wenatchee, Washington,accordingto the plat thereof recorded in Volume1 of Plats, Page 23, and Lots 10, 11and 12, Block1 RiverFront Additionaccordingto the plat recorded in Volume2 of Plats, Page 64, locatedin the Southwest quarter of the Northeast quarter of Section 3, Township22 North, Range20 East of the WillametteMeridian,more particularly describedas follows: Beginningat the Southeast corner of said Lot 10, Block1, thence North 60 40'50"East a distance of feet to the Northeast corner of said Lot 2, Block1:thence North 29 19'25" West a distance of feet: thence North 60 40'50" East a distanceof feet to the True Point of Beginning: thence continuingnorth 60 40'50" East for a distance of 10.18feet; thence North 29 21'58" West fmladistance4;f feet~: thence~2i:33- alonga non tangent curve to the right havinga feet*"* * * radius of feet, 11 38'08", a chord bearingof South 00 47'49" the True Point of Beginning. a central angle of East for a chord distance of feet to Tract C A portion of Lot 2, Block1 of the Second SuburbanHomeAdditionto the City of Wenatchee, Washington,according to the plat thereof recorded in Volume1 of Plats, Page 23, and Lots 10, 11and 12, Block1 River Front Additionaccordingto the plat recorded in Volume2 of Plats, Page 64, locatedin the Southwestquarter of the Northeast quarter of Section 3, Township22 North, Range20 East of the WillametteMeridian, more particularly described as follows: Beginningat the Southeast corner of said Lot 10, Block1, thence North 60 40'50"East a distance of feet to the True Point of Beginning:thence continuing North 60 40'50"East a distance of feet to the Northeast corner of said Lot 2, Block1: thence North " West a distance of feet: thence feet alonga nontangent curve to the right havinga radius of feet, a central angle of , a chordingbearing of South 45 58'20" West for a chord distance of feet: thence South 52 22'03" West for a distance of feet; thence feet alonga tangent curve to the left, havinga radius of feet, a central angle of 20 37'16", a chord bearing of South 42 03'25" West for a chord distance of feet to the True Pointof Beginning. EXHIBIT F TO AGREEMENT TO ACQUIRERIGHT-OF WAY city or WENATCHEE COLSTOR.INC.

12 ColumbiaColstor B A portion of Lot 2, Block1 of the Second Suburban HomeAdditionto the City of Wenatchee, Washington, accordingto the plat Thereofrecorded in Volume1 of Plats, Page 23, and Lots 10, 11and 12, Block1 River Front Additionaccordingto the plat recorded in Volume2 of Plats, Page 64, located in the Southwest quarter of the Northeast quarter of Section 3, Township22 North, Range20 East of the WillametteMeridian,more particularly described as follows:. Beginningat the Southeast corner of said Lot 10, Block1, located on the Northerly right of way of Worthern Street and the True Point of Beginning: thence North 60 40'50" East, alongthe East line of said Lot 10, for a distance of feet: thence feet, alonga non-tangent curve to the right havinga radius of feet, a central angle of 20 37'16", with a chord bearing of North 42 03'25" East for a chord distance of feet: thence North 52 22'03" East for a distance of feet: thence feet, alonga tangent curve to the left with a radius of feet, havinga central angleof 12 47'26", with a chord bearing of North 45 58'20" East for a chord distance of feet: thence North 29 19'25" West for a distance of feet: thence, feet, alonga non-tangent curve to the right havinga radius of feet, a central angle of 21 30'03", with a chord bearingof South 41 37'02" West for a chord distance of feet: thence South 52 22'03" the Northerly right of way of Worthern Street for a distance of feet to the True Point of Beginning. West for a distance of j_e_ej:: thence,.saut}14".9319' 06" E~ast-along

13 Return Address: Mr. Steve D. Smith Johnson, Gaukroger, Drewelow & Woolett,P.S. P.O. Box 19 Wenatchee,WA Referencenumbersof relateddocuments: Grantor: 1. ColumbiaColstor, Inc. Grantee: 1. City of Wenatchee EASEMENTGRANT Legal Description: 1. Portionof lots 1 and 2, Block l, SecondSuburbanHomeAdditionto Wenatchee 2. Additionallegaldescriptionis on page of document Assessor spropertytax ParcelAccountNumber(s): This EasementGrant is made betweencolumbiacolstor,inc., hereinafterreferredto as the "Grantor", and the City of Wenatchee, a municipalcorporation of the State of Washington, hereinafterreferred to as the "Grantee". The followingrecitalsof fact are a materialpart of this instrument: A. The Grantor is the owner of a tract of landdescribedas follows and hereafter referred to as "Parcel 1": See Exhibit A attachedheretoand incorporatedhereinby this reference. B. The Grantor wishes to grant and the Grantee wishes to rece ive an easement over, under and across that part of Parcel 1 describedas followsand herea?erreferred to as "theeasement premises": See Exhibit B attachedheretoand incorporatedhereinby this reference. EASEMENT GRANT Page 1 of4 EXHIBIT C TO AGREEMENT TO ACQUIRERIGHT-OF-WAY CITY OF WENATCHEE COLUMBIA COLSTOR. INC.

14 1. Grant of Easement. The Grantor hereby grants to the Grantee,its franchisees, successors and assigns, a perpetual easement for public right of way and utilitiesover, under and across the easement premises. 2. Grantor suse of EasementPremises.Exclusiveuse of the easement premises is not hereby granted. The right to use the easement premises is expressly reserved by the Grantor. 3. Maintenanceof Easement. Grantee covenants to maintainthe easement premises with an asphalt surfaceat leasttwenty (20) feet in width suitablefor use by the public and will at all times maintainsame in good repair. heavy truck traffic only. s 5. Relocationof Easement. Grantor reserves the right to relocate the as follows: easement. a. Grantorshall?rst notify the Granteeof the proposed notice relocationby to the mailing Grantee at its last addressfurnishedpursuant hereto showingthe proposed probable commencement relocation, and completion dates,all by mailing same, postage prepaid, at leastone hundredtwenty (120) days prior to commencement of relocation. easement b. Grantor shall relocate all of Grantee s existing utilities and premises improvethe to meet the then existing City of Wenatcheeroad standards. Grant in recordable form grantingthenew easement to the Grantee, shall cause the same to be deliveredto the Grantee,and shall furnishthe Grantee evidenceof title satisfactoryto the Grantee showing an unencumbered easement in such Grantee, whereuponthe change in locationof the * easement premises shall become effective,and appropriate releases of the prior locationshall be executed in recordable form and exchangedbetweenthe parties hereto,their successorsor assigns. 6. Running of Bene?ts and Burdens. All provisions of this benefits instrument,includingthe and burdens, ram with the land and are binding upon and inure to the assigns of successorsand the parties hereto. EASEMENTGRANT Page 2 of 4

15 » DENNIS 7. Construction. The rule of strict constructiondoes not apply to this EasementGrant. This EasementGrant shall be given a reasonableconstructionso that the intentionof the parties to confer a usable right of enjoyment on the Granteeis carriedout. 8. Notice. Grantor's address is 2730 West Marina, Moses Lake, WA 98837, and Grantee's address is 129 South Chelan,Wenatchee,WA Either party may lodge written notice of change of address with the other. All notices shall be sent by U.S. mail to the addresses provided for in this paragraph and shallbe deemedgiven when placed in the mail. The Affidavitof the person depositing the notice in the US. Post Office receptacle shall be evidence of such mailing. IN TNESSOF the Grantorand the Grantee have hereuntoset their handsand seals this day of,, GRANTOR: COLUMBLAĊOLSTOR,lNC. l I 2 i GRANTEE: CITY OF WENATCHEE JOHNS EASEMENT GRANT Page 3 of 4

16 V ' ' ' i STATE OF WASHINGTON ) ) ss. County of -helan G-rduu+) I certify that I know or have satisfactoryevidencethat Donald H. McGraw is the person who appeared before me, and said person acknowledgedthat he signed this instrument,on oath stated that he was authorized to execute the instrumentand acknowledgedit as the Presidentof Columbia Colstor, Inc., to be the free and voluntaryact of such party for the uses and purposes mentionedin the instrument. DATEDthis 1 dayof 4% Q g/_l._j_,2oos. \\\\\\li%lllll?iiliii/. : e i~*.» ~==---; 5?i ; {37"<«.«;.?%?g //(4. v E1 gi -I-*2? Cj ' (signature), L..i:{OO if 5' (printed ' or typed name :. i. 5 NOTARY PUBLIC,State of Washington Expires /0 12/I0! / " /1 F. WAS? \\\ $0 70* Commission ""6? )A shington 9 ) ). ss. County of Chelan ) gym) I certify that I know or have satisfactoryevidencethat Dennis Johnson is the person who appearedbefore me, and said person acknowledgedthat he signed this instrurnent,on oath stated that he was authorizedto execute the instrumentand acknowledgedit as the Mayor of the City of Wenatchee,to be the free and voluntary act of such party for the uses and purposes mentionedin the instrument. DATED this 9 day of,2008..ats9ttje4 l L A /1!»2~ V :i» \ ~..3i.~1l.:. :- «S }f"»1. 7:? :u,$:'\ t.\\s3lc : d,:;;,:5:.b.. W 3:: 566 5) v\1o- E (5iBmm ' )..'f "/ E. MM5/ 545 7? Um--,0?r? (printed or typed name) 'E% :j- ;A',% 3,{,\\e,u:n5.m pm,l_.=..> NOTARYPUBLIC,State of Washington iz«,. g7f/: II!1{ A S\%(;. " &< (k, ~' ~"msma EASEMENT GRANT Page 4 of 4 Fi\1ammys\00SDS\00 CITY OF WENATCH.EE\6020-6! COLUMBIACOLSTOKKW ACQUlSlTlON\Ensemcnl.doc I /6 My CommissionExpires (9)4 Lg,

17 Those portions of Lots 1 and 2, Block 1, SECONDSUBURBANHOME TO ADDITION WENATCHEE,according to the Plat thereofrecorded In Volume I of and the West Half Plats,page 22 of the East Half and the SoutheastQuarterof the Section 3, NorthwestQuarterof Township 22 North, Range 20 East, WillametteMeridian,City of Chelan County, Washington, Wenatchee, describedas follows,to wit: Beginning at the intersectionof the Southwestright-of-wayline of the WorthenStreet Southwesterly and extension of the Northwest right-of-way line of First according Street N. to the recorded plat thereof; thence Southwesterlyalong said extension Southwesterly of the Northwest right-of~wayline of First Street N., a distanceof to the Point of feet Intersection with a line drawn parallel with and distant Northeasterlyof, feet as measured at right angles to, BurlingtonNorthernRailroadCompany's (formerly Great Northern Railway Company's) hereinafter centerline; describedmain tract thence Northwesterlyalong said parallel line to the Point of the Southeast Intersectionwith right-of-wayline of Fifth Street N., according to the recorded plat thereof; thence Northeasterly along said Southeast right of-way line a distanceof feet; thence Southeasterlyparallel with said main track centerlineto the Point of Intersection with the Southwesterly extension of the Northwest line of Lot 12, Block I, RIVERFRONTADDITION to the City of Wenatchee,Washington, according to the recorded plat thereof; thence Southwesterlyalong said Southwesterlyextension of the Northwest line of Lot 12, Block 1, to the Point of Intersectionwith said Southwestrightof-way line of Worthen Street; thence Southeasterlyalong said Southwestright-of way line to the Point of Beginning. I MAIN TRACK CENTERLINEDESCRIPTION: COMMENCINGAT THE MOST NORTHERLYCORNEROF BLOCK3, ACCORDINGTO THE RECORDEDPLAT THEREOF: THENCE NORTHEASTERLYALONG THENORTHEASTERLYEXTENSIONOF THE NORTHWEST LINE OF SAID BLOCK 3 A DISTANCEOF 150.0FEET TO THE POINT OF BEGINNING OF THE MAIN TRACK CENTERLINETO BE DESCRIBED; THENCE SOUTHEASTERLYPARALLELWITHTHE LINE NORTHEAST OF SAID BLOCK 3 AND ITS SOUTI-IEASTERLY EXTENSIONA OF DISTANCE FEET AND THERETERMINATING. EXHIBIT.\" TO E.\SE.\lENT GRANT

18 Exhibit A (continued)to EasementGrant and: That portion of the right of way of North WorthenStreet describedas follows: Beginningat the Northwestcorner of Lot 12,Block 1 Chelan County, accordingto the plat thereofrecorded the in true point Volume2 of beginning;thencesouth East of North along the WorthenStreet for Easterlyright a of way distanceof feet; thence distanceof South feet; thence South West for a East for a South distanceof West for a feet; distanceof thence feet; the thence Westerly North right of l3 way of North West along WorthenStreet for a North distanceof East for a feet; distanceof thence feetto the true point of beginning.

19 FROM THE INTERSECTIONOF THE SOUTHWESTRIGHT OF WAY LINE OF WORTHEN STREET AND THE SOUTHWESTERLYEXTENSIONOF THE NORTHWEST RIGHT OF WAY LINE OF FIRST STREET NORTH ACCORDING TO THE RECORDED PLAT THEREOF; THENCE NORTHWESTERLYALONG SAID SOUTHWEST RIGHT OF WAY LINE OF WORTHENSTREETTO THE POINT OF BEGINNING AT THE POINT OF INTERSECTIONWITH THE NORTHWEST LINE OF LOT 12, BLOCK 1, RIVERFRONTADDITIONTO THE. CITY OF WENATCI-EB, WASHINGTON, ACCORDINGTO THE RECORDED PLAT THEREOF. THENCE NORTHEASTERLYALONG SAID NORTHWESTLINE OF LOT 12 A DISTANCE OF 70 FEET TO THE POINT OF INTERSECTIONWITH A LINE DRAWN PARALLELWITH AND DISTANCEOF 320 FEET NORTHEASTERLYOF, AS MEASURED WITH RIGHT ANGLES TO, BURLINGTON NORTHERNRAILROADCOMPANY'S(FORMERLY GREAT NORTHERNRAILWAY COMPANY S) HEREINAFI ER DESCRIBEDMAIN TRACK CENTERLINE;THENCE NORTHWESTERLYALONG SAID PARALLEL LINE TO THE POINT OF INTERSECTIONWITH THE SOUTHEASTRIGHT OF WAY LINE OF FIFTH STREET NORTH, ACCORDINGTO THE RECORDEDPLAT THEREOF; THENCE SOUTHWEST ALONGRIGHT OF WAY LINE A DISTANCE 70 FEET; THENCE SOUTHEASTERLYPARALLELWITH SAID MAIN TRACK CENT ERLINE TO THE POINT OF BEGINNING. MAIN TRACK CENTERLINEDESCRIPTION: COMMENCINGAT THE MOST NORTHERLYCORNER OF BLOCK 3, SUBURBAN HOME ADDITION TO THE CITY.OF WENATCHEE,WASHINGTON, ACCORDING TO THE RECORDED PLAT THEREOF;THENCE NORTHEASTERLY ALONG THE NORTHEASTERLYEXTENSIONOF THE NORTHWEST LINE OF SAID BLOCK 3 A DISTANCE OF FEET TO THE POINT OF BEGINNING OF THE MAIN TRACK CENTERLINETO BE DESCRIBED; THENCE SOUTHEASTERLYPARALLELWITH THE NORTHEAST LINE OF SAID BLOCK 3 AND ITS SOUTHEASTERLYEXTENSIONA DISTANCE OF FEET AND THERE TERMINATING. EXHIBIT B" TO EASEMENTGRANT

20 ll i 1 l Exhibit B (continued)to EasementGrant and: Beginningat the Northwestcorner of Lot 12, Block 1, Chelan County, RiverfrontAdd according ition to to the plat Wenatchee, thereofrecorded the in V0 true point lume of 2, page 64 of plats, and beginning;thencesouth O6 of East North along the WorthenStreet for Easterlyright a of way distanceof feet; distanceof feet; thencesouth thence South West for a l3 East for South a West distanceof for a feet; distanceof thence 27.49feet; the Westerly right thencenorth of way of North West along WorthenStreet for a North East distanceof for a feet; distanceof thence 70.02feet to the true point of beginning. l 1 l l 1 1

21 FROM THE INTERSECTIONOF THE SOUTHWESTRIGHT OF WAY LINE OF WORTHEN STREET AND THE SOUTHWESTERLYEXTENSIONOF THE NORTHWESTRIGHT OF WAY LINE OF FIRST STREET NORTH ACCORDING TO THE RECORDED PLAT THEREOF;THENCE NORTHWESTERLYALONG SAID SOUTHWESTRIGHT OF WAY LINE OF WORTHENSTREET TO THE POINT OF BEGINNINGAT THE POINT OF INTERSECTIONWITH THE NORTHWESTLINE OF LOT 12, BLOCK 1, RIVERFRONTADDITIONTO THE CITY OF WENATCHEE, WASHINGTON,ACCORDINGTO THE RECORDED PLAT THEREOF.THENCE NORTHEASTERLYALONG SAID OF NORTHWESTLINE LOT 12 A DISTANCE OF 70 FEET TO THE POINT OF INTERSECTIONWITH A LINE DRAWNPARALLELWITHAND DISTANCEOF 320 FEET NORTHEASTERLYOF, AS MEASUREDWITH RIGHT ANGLES TO, BURLINGTONNORTHERNRAILROAD COMPANY'S(FORMERLY GREAT NORTHERNRAILWAY COMPANY S)HEREINAFTER DESCRIBEDMAIN TRACK CENTERLINE;THENCE NORTHWESTERLYALONG SAID PARALLEL LINE TO THE POINT OF INTERSECTIONWITH THE SOUTHEASTRIGHT OF WAY LINEO FIFTH STREET NORTH, ACCORDINGTO THE RECORDEDPLAT THEREOF; THENCE SOUTHVVESTALONG RIGHT OF WAY LINE A DISTANCE 70 FEET; THENCE SOUTHEASTERLYPARALLELWITHSAID MAINTRACK CENTERLINETO THE POINT OF BEGINNING. MAIN TRACK CENTERLINEDESCRIPTION: COMMENCINGAT THE MOST NORTHERLYCORNEROF BLOCK 3, SUBURBAN HOME ADDITIONTO THE CITY OF WENATCHEE,WASHINGTON, ACCORDINGTO THE RECORDEDPLAT THEREOF;THENCE NORTHEASTERLYALONG THE NORTHEASTERLYEXTENSIONOF THE NORTHWESTLINE OF SAID BLOCK 3 A DISTANCEOF FEET TO THE POINT OF BEGINNINGOF THE MAIN TRACK CENTERLINETO BE DESCRIBED; THENCE SOUTHEASTERLYPARALLELWITH THE NORTHEAST LINE OF SAID BLOCK 3 AND ITS SOUTHEASTERLYEXTENSIONA DISTANCE OF FEET AND THERE TERMINATING. EXHIBIT -11" T0 AGREEMENT TO ACQUIRE RIGHT-0F~WAY CITY or WENATCHEE COLUMBIA COLSTOR, INC.

22 PETITION TO VACATE The undersignedproperty Owners, representing more than two-thirdsof the private property abuttingthe following describedstreet situated in the City of Wenatchee, namely: See Exhibit D and as depicted on Exhibit E as Tract D attached hereto and incorporatedherein by this reference. Date hereby a petition that said Street be vacated, and that the City Council fix a time when this Petition shall be heard and determined. It is understood that the City of Wenatchee reserves the perpetual right and easement to maintain, operate, replace, repair, and install sewer lines, water lines, gas lines, and other public utilities and services,and for public right of way, without paying any compensation therefore to Peitioners or owners of said vacated area. SIGNATURE PROPERTY DESCRIPTION Husband/Owner Wife/Owner Lot Block Subdivision Columbia Colstor Inc. 1 & 2 1 2" Suburban HomeAddition Address 2730 West Marina Moses Lake.WA Address Address Address (Please attach additional sheets if needed.) CERTIFICATE We certify that the persons whose signatures appear above are the owners of more than two-thirds of the property described. Title Company CITY CLERK'S OFFICE: Received on Date/Time By EXHIBIT I TO AGREEMENT TO ACQUIRERIGHT-OF-WAY - CITY OF WENATCHEE COLUMBIA COLSTOR, INC.

23 ' EXHIBIT A Right of Way Vacation WorthernStreet That portion of the right of way of the North Worthen following. Street describedas Beginningat the Northwestcorner of Lot 12, Block1, Wenatchee,Chelan RiverfrontAddition to County, accordingto the Plat thereof Page 64 of recorded Plats, in and the Volume2 True Point of Beginning; thence South 29 19'06 East along the Easterlyright of for a way North distanceof feet; WorthenStreet thencesouth :7 feet; West for a thence South distanceof 29 19'13 East for a distanceof 90.56feet; 60 40'47 West for thencesouth a distanceof 27.49feet; thencenorth Westerlyright of way North Worthen Street for a North 60 40'47 East for, a ' distanceof 70.02feet to

24 r... _ ' 40' 47"w N60 40' 47"E CITY OF WENATCHE'E' WURHJDZW VACATION EXHBIT an-n-amy CITY OF WENATCHEE