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HomeMy WebLinkAboutORD 4572CITY OF RENTON ORD INANCE NO.4572 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,GRANTING UNTO OLYMPIC PIPELINE COMPANY,A CORPORATION,THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO USE AND OCCUPY THE STREETS,ROADS,AVENUES AND OTHER PUBLIC RIGHTS OF WAY OF THE CITY OF RENTON,WASHINGTON TO MAINTAIN,OPERATE,AND REPAIR THE EXISTING 20-INCH,16-INCH,AND 12.75-INCH DIAMETER PIPE LINES TOGETHER WITH EQUIPMENT AND APPURTENANCES THERETO WITHIN AND THROUGH THE CITY OF RENTON,WASHINGTON. THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DO ORDAIN AS FOLLOWS, SECTION 1,Definitions:The following definitions are provided for the sole purposes of proper interpretation and administration of this ordinance: 1.1 Maintain shall mean operating I examining,testing,and inspecting,the existing 20-inch,16-inch,and 12.75-inch diameter pipe lines,and restoring existing operations incidental thereto. 1.2 Public Properties shall mean present and/or future City of Renton public highway and street rights of way and City owned properties within the present and/or future corporate limits of the City (as described in Exhibit HAil). 1.3 Administrator shall mean the Administrator of the Department of Planning/Building/Public Works of the City of Renton,or any successor office with responsibility for management of the Public Properties within the City,or his/her designee. 1.4 Construction shall mean digging and excavating for,removing, replacing,and repairing the existing 20-inch,16-inch,and 12.75-inch diameter pipe lines. 1 SECTION 2. ORDINANCE NO. Grant of Franchise: 4572 2.1 The City of Renton,King County,Washington,a municipal corporation under the Optional Municipal Code of the State of Washington,("City"or "Grantor"),hereby grants and gives unto the Olympic Pipeline Company,a corporation,(lICompany n or "Grantee ll ),and its successors and assigns,the right, privilege,authority and non-exclusive franchise to operate, maintain,remove and repair the existing 20-inch,16-inch,and 12.75-inch diameter pipe lines together with all equipment and appurtenances thereto for the transportation and handling of oil and any product or by-product thereof I under,below and through certain pUblic rights-af-way and other pUblic lands within the City of Renton.Such maintenance of any and all such pipe lines shall be limited to a width of five feet, centered on the pipeline,under,below,and through said pUblic rights-of-way and other public properties as listed on Exhibit HAll,which is made a part hereof and incorporated herein as if fully set forth.During construction the grantor may temporarily extend the width up to thirty feet,centered on the pipeline. 2.2 This franchise shall not convey any right to the Grantee to use City owned or leased properties not listed on Bxhibit IlA". SECTION 3.Term:Subject to other provisions contained herein, each of the provisions of this contract shall become effective on the date of execution hereof,and remain in effect until ten (10) years from the date of execution of this agreement.Subsequently, the contract shall extend for additional ten (10)year increments, unless either party expresses their intent,in writing,to terminate this agreement and enter into renegotiation at least two (2)years prior to the end of a contract term. SECTION 4.Reservation of Police Power:All the rights herein granted shall be subject to and governed by this Ordinance; provided,however,that the City expressly reserves unto itself all its police power to adopt ordinances necessary to protect the health,safety and welfare of the general public in relation to the rights hereby granted not inconsistent herewith. SECTION 5.Compliance with City Codes:The Grantee shall,in carrying out any authorized activities on the Public Properties, comply with all applicable City ordinances,codes,regulations, standards,and procedures as now or hereafter amended,and shall 2 ORD INANCE NO.4572 obtain all necessary permits or approvals;provided,however,that if any term or condition of this Franchise and any term or condition of such ordinances,codes,regulations,standards, procedures,permits or approvals are in conflict,the more stringent term or condition shall govern and control. SECTION 6.Ooerations and Maintenance:The grantee shall operate and maintain the pipelines in accordance with the standards of Title 49,Code of Federal Regulations,Part 195 -Transportation of Hazardous Liquids by Pipeline or any succeeding Federal regulations. SECTION 7.Construction on Public Properties: 7.1 Permits Required:Except in the case of an emergency,prior to commencing construction work on Public Properties,the Grantee shall first file with the City detailed plans, specifications and profiles of the intended work as may be prescribed by the City Council and Administrator,and shall receive an appropriate permit or permits from the City prior to commencing such work.Grantee shall comply with all terms, conditions,standards and insurance coverage as may be required under the terms of the permit.Grantee shall pay all reasonable costs of and expense necessarily incurred by Grantor in the examination,inspection and approval of all plans and specifications for,and all details of construction of all facilities involved herein. 7.2 Entry upon Public Properties:After obtaining the necessary permit from the Administrator,the Grantee may enter upon, dig,and excavate the Public Properties of the City as herein above specified,for the purpose of removing,replacing,and repairing the Grantee's pipe line.All work shall be done in accordance with the terms of the permits and ordinances of the City regUlating the opening and breaking of Public Properties, all building codes,fire codes and ordinances of the City, Washington State code and federal regUlations governing pipeline systems and the transportation of hazardous liquids py pipelines. 7.3 Preference in Installations:The City shall have prior and superior right to the use of its streets and Public Properties for installation and maintenance of its utilities and other governmental purposes,and should a conflict arise with the Grantee I s lines,the Grantee shall,at its own expense and 3 ORD INANCE NO.4572 cost,modify,adjust or relocate facilities to allow for City uses.The owners of all utilities,public or private, installed in such Public Properties prior to the installation of the lines and facilities of the Grantee,shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee.Such preference shall continue in the event of the necessity of relocating or changing the grade of any such Public Properties. 7.4 Payment for Avoiding Damage to Grantee's Facilities.The Grantee shall,in recognition that there may be additional costs that accrue to the City in the course of the City's public works projects related to avoidance of damage to the Grantee's facilities and the interference of the Grantee 1 s facilities with the construction by the City of street facilities,water,sewer,and other underground utilities, agree to pay the City the full amount of additional costs resulting from the existing Grantee's facilities as shall be identified by the City for projects that occur in those rights-of-way described in Exhibit A. 7.5 Relocation of Facilities: 7.5.1 Whenever the City undertakes or approves the construction of or changes the grade or location of any water, sewer or storm drainage line (storm drainage line of 8"inside diameter or larger,bridge or box culvert),pavement or other City improvement project (including,without limitation, installation of traffic signals,street lights,sidewalks and pedestrian amenities)wherein the facility so constructed or approved is or shall become,by gift,transfer,dedication or otherwise,a public facility owned,maintained or operated by the City,and the City determines that the project reasonably necessitates the relocation of the Grantee's then existing facilities,the City shall: 7.5.1.1 Provide the twenty (120)days prior improvement project,written and Grantee,at least one hundred to the commencement of such notice requiring such relocation; 7.5.1.2 Provide the Grantee with copies of pertinent portions of the plans and specifications for such improvement 4 ORDINANCE NO.4,,-,,-5,-7,,-2__ project so that the Grantee may relocate its facilities to accommodate such improvement project. 7.5.1.3 Provide the Grantee with a route within which the Grantee may relocate its facilities.The Grantor shall work with the Grantee in determining this route in order to minimize costs to the Grantee while meeting the Grantor'S project objectives. 7.5.2 After receipt of such notice and such plans and specifications,the Grantee shall complete relocation of such facilities at no charge or expense to the City so as to accommodate such improvement proj ect at least ten (10)days prior to commencement of such improvement project. 7.5.3 If the City requires the subsequent relocation of any Grantee facility within five years of the date of relocation of such facility pursuant to section 7.5.1 above, the City shall bear the entire cost of such relocation. 7.5.4 As to any relocation of the Grantee I s facilities whereby the cost and expense thereof is to be borne by the Grantee,in whole or in part,in accordance with this subsection 7.5,the Grantee may,after receipt of written notice requesting such relocation,submit to the City written alternatives to such relocation.Upon receipt,the City shall evaluate such alternatives and shall advise the Grantee in writing if one or more of such alternatives is suitable to acconunodate the work which would otherwise necessitate relocation of the Grantee's facilities.If so requested by the City the Grantee shall submit additional information to the City to assist the City in making such evaluation.The City shall give each alternative proposed by the Grantee full and fair consideration.In the event the City determines that there is no other reasonable al ternative,the Grantee shall relocate its facilities as otherwise provided in this subsection 7.5. 7.5.5 The provisions of this subsection 7.5 shall in no manner preclude or restrict the Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City where the facilities to be constructed by said person or entity are not or will not become City owned,operated or maintained facilities,provided 5 r I f· ORDINANCE NO.4572 that such arrangements do not unduly delay a City construction project. 7.6 Construction Standards:All construction activities shall be performed in conformity with the maps and specifications filed with the City,except in instances in which deviation may be allowed thereafter in writing by the Administrator pursuant to application by the Grantee.All plans and specifications shall specify the class and type of material and equipment to be used,manner of excavation,construction,backfill, erection of temporary and permanent structures,and the traffic control and traffic interference mitigation measures shall be as provided in the City of Renton Standard Plans and Specifications for Road,Bridge,and Municipal Construction, or similar standards as may be applicable from time to time. No such work shall be commenced without the Grantee first securing a permit in writing from the Administrator.All such work shall be subject to the approval of and shall pass the inspection of the City by and through its Administrator or other designated official.All such work shall meet the standards set forth in the Control Zone Guidelines promulgated by the State of Washington Department of Transportation for protection of utility objects in traffic hazard areas to the extent the Guidelines are applicable.All design, construction,and hydrostatic testing of construction work shall meet or exceed the standards of Title 49,Code of Federal RegUlations,Part 195,entitled "Transportation of Hazardous Liquids by Pipeline"or any succeeding Federal regUlations 7.7 Supervision of Installations:Notwithstanding any provision herein to the contrary,any excavation or construction activity conducted by the Grantee in any of the Public properties within the corporate limits of the City shall be done in accordance with such reasonable rules,regulations, resolutions,and ordinances or general application now enacted or to be enacted by the City Council,relating to excavations and construction activities in Public Properties of the City, and under the direction and supervision of the Administrator. All of the City's actual administrative expenses directly related to such supervisions,shall be paid by the Grantee to the City upon invoice. 7.8 Repair of City Facilities: streets,roads,avenues,lanes, 6 The Grantee shall leave all public places and ways,after ORDINANCE NO.4572 performing operation and maintenance work,in as good and safe condition in all respects as they were before the commencement of such work by the Grantee,its agents,or contractors.In case of any damage by the Grantee to said streets,avenues, roads,lanes,pUblic places and ways,to the pavement, turnouts,gutters,ditches,walks,drain pipes,rails, bridges,trestles,wharves or landings,and other improvements,the Grantee shall immediately repair all damage at its sole cost and expense _All work within the public rights-af-way shall be performed in accordance with the City of Renton Standard Plans and Specifications for Road,Bridge, and Municipal Construction.The City Council may at any time, after giving prior notice to the Grantee,do,order,and have done any and all work considered necessary to restore to a safe condition any such streets,avenues,roads,lanes,public places and ways,or pavement,turnouts,gutters,ditches, walks,drain pipes,rails,bridges,trestles,wharves and landings left by the Grantee or its agents in a condition dangerous to life or property,and the Grantee,upon demand, shall pay to the City all costs of such construction or repair and of doing such work.In the event of any excavation through a paved pUblic property,Grantee shall restore the paved area to a standard and condition acceptable to the Administrator as specified in the permit to be issued for the work.Patching methods approved by the Administrator (e.g., the City of Renton Trench Restoration Standards)to repair the excavation and the surface of the paving to as near the standard of the original pavement as is possible may include the use of a thermal in-place asphalt patch or approved equal and/or the full overlay of the paved area,for asphalt paved streets,and the replacement of the affected portion of the panel nearest existing expansion joints for concrete paved streets. 7.9 Bond:Before undertaking any of the work or improvements authorized by this franchise,the Grantee shall furnish a bond executed by the Grantee and a corporate surety authorized to do a surety business in the State of Washington,with an AM Best rating of AXIl in a sum to be set and approved by the Administrator or other properly authorized City official as sufficient to insure performance of the Grantee's obligations under this franchise,conditioned that the Grantee shall well and truly keep and observe all of the covenants,terms and conditions and faithfully perform all of the Grantee's 7 ORDINANCE NO.4572 obligations under this franchise i shall correct or replace forthwith,on receipt of notice thereof,any defective work or materials used in the replacement of City streets or property discovered within a two-year period of the date of replacement and acceptance of such repaired streets or property by the City;and shall restore the streets or property within the period of time specified by the Administrator in the permit issued for such work. 7.10 Record of Installations:The Grantee shall at all times keep full and complete plans,plat or plats,specifications, profiles and records showing the exact location,and size of all facilities heretofore constructed in the City,and showing the location of all valves,gauges,and other service appurtenances;and such plans,plat or plats,specifications, profiles,and records shall be kept current annually by the Grantee to show the exact location of all replacement and additional facilities hereinafter installed by the Grantee. These records shall be sUbject to inspection at all reasonable times by the proper officials and agents of the City,and a copy of these plans,plat or plats,specifications,profiles and records,shall be furnished to the City upon request. Upon request of the Grantor the Grantee shall provide to the City copies of all maintenance and patrol reports made for the Grantee's use concerning its facilities in the franchise area. Additionally,the Grantee shall provide the Grantor with an annual report of abnormal events,activities and operations (e.g.,pressure surges,emergency shut downs,minor leaks, significant current changes in impressed current cathodic protection systems,etc).Within one hundred eighty (laO) calendar days following execution of this agreement,the Grantee shall provide to the Grantor,a copy of as-built plans certified by a registered professional engineer which identify all facilities including pipelines and appurtenances as well as all interfering utilities,landmarks,and physical features.The Grantee shall,upon request by the City, field-locate its facilities in order to facilitate planning, design and construction of City improvement projects. 7.11 Materials:All pipe and other components of any pipe line, and appurtenance thereto,to be used in repair and/or maintenance activities within any street right of way or other public property shall be unused products.Furthermore,after repair or replacement of any pipe,the portion so affected of such pipe between sectionalizing valves shall be subjected to 8 ORDINANCE NO.4572 a pressure test as provided for in Title 49,Code of Federal Regulations,Part 195 and within the pressure limitations described therein before such pipe is placed in operation and the results of any such tests shall be submitted to the City in writing;provided however,that no such test is required for any minor repairs which do not require removal of the pipe line from operation. SECTION 8.Removal of Facilities:The Grantee agrees and covenants at its sole cost and expense,to protect,support, temporarily disconnect,relocate or remove from any street or Public Properties,any of its installations when so required by the City by reason of traffic conditions,pUblic safety,street vacations,dedications of new right of ways and the establishment and improvement thereof,freeway construction,change or establishment of street grade,or the construction of any pUblic improvement or structure by any governmental agency acting in a governmental capacity,provided that Grantee shall in all such cases have the privilege to temporarily bypass,in the authorized portion of the same street upon approval by the City,any section of pipe line required to be temporarily disconnected or removed. SECTION 9.Health and Safety: 9.1 As a condition of this Franchise,the Grantee shall fund a study to determine the best technology or technologies (e.g., groundwater monitoring wells and monitoring,soil vapor monitoring wells and monitoring,etc)and numbers and locations of detection facilities to provide early detection of leaks from the Grantees pipelines within the City of Renton's Aquifer Protection Area.The study shall also provide recommended sampling and testing frequencies including test methods and chemical compounds for which to sample and test.The study shall be conducted by an independent hydrogeologic consultant selected mutually by the Grantor and Grantee.The contract for the study shall be administered by the Grantor.The Grantee shall reimburse the Grantor for its expenses for administrating the contract.The Grantor and the Grantee shall work together to ensure the contract for the study is awarded within three months of the execution of this Franchise agreement.The target completion date for completion of the study is eight months after the award date for the study contract.Also as a condition of this Franchise,the Grantee shall fund the design,construction and construction inspection of the detection facilities 9 I ! I I ORDINANCE NO.4572 reconunended by the study.The design and inspection of the facilities during construction shall be conducted by an independent hydrogeologic consultant selected mutually by the Grantor and Grantee.The contract for the design and construction inspection shall be administered by the Grantor. The Grantee shall reimburse the Grantor for its expenses for administrating the contract.The target award date for the design and construction services contract is two months after the completion of the study.The target completion date for the design of the project to construct the detection facilities is six months after contract award.The construction of the detection facilities shall be conducted by a contractor selected mutually by the Grantor and Grantee. The contract for the construction shall be administered by the Grantor.The Grantee shall reimburse the Grantor for its expenses for administrating the contract.The target award date for the construction contract is two months after completion of the project plans and specifications.The target construction completion date is six months after contract award.Also as a condition of this Franchise,the Grantee shall fund the sampling and testing at the detection facilities at the frequency recommended by the study for the duration of the Franchise.The sampling and testing will be conducted via a contract with a qualified testing firm mutually selected by the Grantor and the Grantee.The sampling and testing contract shall be administered by the Grantee at the Grantee I s own cost and expense.The Grantee shall provide the Grantor with copies the contract with the sampling and testing firm and all test results. 9.1.1 If the results of the analyses for any detection facility monitored as part of this Franchise are above the detection limits for the test procedure,then the Grantee,at its own expense and cost,shall notify the Administrator within twenty-four (24)hours of receiving such results and immediately take action to investigate the cause of the detection.If the investigation leads to the conclusion that the source of the contamination is product from the Grantee's pipeline then the Grantee,at its own expense and cost,shall take immediate action to isolate the leak or leaks and clean- up the contamination.This may include the Grantee installing monitoring wells to determine the extent of the contamination plume;the number and location of such wells shall be SUbject to the approval of the Grantor.If the results of the 10 ORDINANCE NO.4572 analyses for a particular well are above the detection limits for the test procedure,then monitoring shall be increased to once every three months for that well.Monitoring may be reduced to annually if the results of analyses are below the detection limits for the test procedure for four (4) consecutive quarterly sampling periods. 9.2 The Grantee shall establish and maintain at all times adequate facilities on each pipe line covered under the authority of this Franchise,and elsewhere on the same pipe line,to promptly localize operating troubles and to minimize the effects thereof.As a condition of this Franchise,within two years of acceptance of this agreement the Grantee,at its own expense and cost,shall install remotely controlled motorized block valves or check valves on the sixteen (16)inch pipeline:1)on the south side of the Cedar River valley (near station 3896 Puget Drive SE and Rolling Hills Avenue; check valve),2)on the north side of the Cedar River valley {near station 3691 -near SE 100th Street -block valve},and 3)on the south side of the Cedar River (near station 3846 - north line of Section 21,Township 23 North,Range 5 East - check valve)and on the twenty (20)inch pipeline on the south side of the Cedar River (near station 3865 -north line of Section 21,Township 23 North,Range 5 East -block valve)and shall replace the manual block valve on the twenty (20)inch pipeline near station 3710 (near SE 100th Street)with a remotely controlled motorized block valve.Type and location of valves shall be approved by the City.Every portion of each pipe line shall contain adequate cathodic protection,and such pipe line shall further be protected by sectionalizing block valves spaced at no greater distance than prescribed by Title 49,Code of Federal Regulations,Part 195 Transportation of Hazardous Liquids by Pipeline.If at any time during the term of this Franchise a leak or spill of one barrel (42 gallons)or more of any product being transported by the Grantee's pipeline occurs,then the Grantor may investigate the occurrence,via an independent pipeline consultant,to determine if changes to existing facilities, including additions,are required.The consultant shall be mutually selected by the Grantor and Grantee.The Grantee shall reimburse the Grantor for all of the Grantor1s costs and expenses for conducting the investigation including,but not limited to,staff time,laboratory testing,and consultant contracts.If the independent consultant concludes that 11 I, ORDINANCE NO.-'.4=-57:..:2=--_ modifications or additions facilities Grantee hereby agrees and covenants,at cost,to make such changes as be required are warranted, its own expense by the Grantor. the and 9.3 The Grantee further agrees to maintain at all times during the life of this Franchise automatic shutoff and safety valves at pumping station locations where adequate maintenance crews shall be available;in addition to which adequate fire protection equipment shall be provided for at all points of Grantee's system. 9.4 Under this Franchise no additional pipeline installations will be allowed. 9.5 Grantee further agrees to submit unto the City periodic reports,at least semi -annually of any pressure tests made pursuant to provision of this Franchise showing the date of the test,description of portion of pipe line tested, identified with respect to the City's street routes and test data sufficient in detail to permit analysis of test results and determination of compliance with Title 49,Code of Federal Regulations,Part 195 -Transportation of Hazardous Liquids by Pipeline. 9.6 Grantee shall submit unto the City all reports containing information regarding the integrity of the pipelines including,but not limited to corrosion studies,annual cathodic protection system surveys,close order cathodic protection surveys,maintenance and patrol reports,and nondestructive testing surveys. 9.7 Within the Aquifer Protection Area the Grantee shall operate the pipelines at internal operating pressures of no more than 700 pounds per square inch (gauge)and at temperatures of no more than 100 degrees Fahrenheit. 9.8 The Grantee shall notify the Grantor of any spill or leak of any size within one business day of its observation or detection.The Grantee shall follow up this notification with a brief written summary of the event to include date,time, product,amount,location,response,and remediation. 12 i, I I. SECTIQN 10. ORDINANCE NO.4572 Hold Harmless and Insurance: 10.1 Hold Harmless:The Grantee shall defend,indenmify and save harmless the City of Renton,its council members,officers, employees and agents,attorneys and assigns,from and against any and every claim and risk and all losses,damages,demands, suits,judgments,penalties,fines,liens,awards and attorney fees,and other expenses of any kind,on account of injury to or death of any and all persons and/or on account of all property damages of any kind,including pollution of the air, water,or soil,whether tangible or intangible,including loss of use resulting therefrom,in connection with the operation, maintenance and/or construction of the pipelines under this franchise,or caused or occasioned in whole or in part by reason of the presence of the Grantee or its subcontractors, or their property,employees or agents,upon or in proximity to the property of the City or any other property upon which the Grantee is performing any work called for or in connection with this franchise agreement,except for those losses resulting solely from the negligence of the City,its Boards, officers,commissioners,employees and agents. 10.1.1 Should a court of competent jurisdiction determine that this agreement is SUbject to RCW 4.22.015,then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the City,its Board members,officers,employees and agents,the Granteers liability hereunder shall only be to the extent of the Grantee I s negligence.It is further specifically and expressly understood that the indemnification provided herein constitutes the Grantee 1 s waiver of immunity under Title 51 of the RCW,Industrial Insurance,solely for the purpose of the indemnification.This waiver has been mutually negotiated by the parties. 10.1.2 If a claim,cause of action or suit arises out of the conduct of Grantee under this franchise or Grantee'S negligence,the Grantee shall appear and defend that lawsuit at its own cost and expense,and if jUdgment is rendered or settlement made requiring payment of damages by the City,its commissioners,Boards,officers,agents,employees and volunteers,the Grantee shall fully satisfy the judgment within sixty (60)days after the suit or action shall have finally been determined.Upon the Granteels failure to 13 ORDINANCE NO.4572 satisfy the judgment within the sixty (60)day period,this franchise shall at once cease and terminate. 10.2 Insurance:The Grantee shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Grantee,its agents,representatives, employees or subcontractors.The cost of such insurance shall be paid by the Grantee.The Grantee shall secure liability insurance as specified in EXHIBIT B,INSURANCE AND RELATED REQUIREMENTS.The limits of said insurance shall not, however,limit the liability of the Grantee hereunder. SECTIQN 11.Vacation of Right of Way:If at any time the City shall vacate any street or right of way or other City property which is then used for utility purposes pursuant to the rights granted by this franchise,the Grantor will,in its vacation procedure,reserve an easement for any existing franchise holder. SECTION 12.Non-exclusive Franchise:This franchise shall not be deemed to be an exclusive franchise.It shall in no manner prohibit the City from granting other franchises of a like nature or franchises for other public or private utilities under,along, across,over and upon any of the City streets,alleys,or public thoroughfares or properties subject to this franchise,and shall in no way prevent or prohibit the City from constructing,altering, maintaining or using any of the said streets,alleys,draining facilities,irrigation structures or facilities or public places, or affect its jurisdiction over them or any part of them,with full power to make all necessary changes,relocations,repairs, maintenance,establishment,improvement,and dedication of the same as the City may deem fit from time to time,including the dedication,establishment,maintenance and improvement of all new rights of ways and thoroughfares and other pUblic properties of every type and description. SECTION 13.Dispute Resolution;and Remedies:In the event of the occurrence of any dispute between the City and Grantee arising by reason of this Ordinance,or any obligation of either party under this Ordinance,that dispute shall be resolved under the terms of this section which shall be the sale remedy for resolution of any such dispute. 14 ORDINANCE NO.4572 13.1 Cathodic Protection Claim Resolution Procedure:The parties shall resolve claims between themselves for remedial action on shorts and cathodic protection interference between their respective utility systems under the following procedures: 13.1.1 Each party shall notify the appropriate representative of the other party when a short or interference is located and excavated .Representatives from the City and the Company shall be afforded reasonable opportunity to witness the condition prior to either party taking action to remedy the condition. 13.1.2.The claim for remedial action by the other party shall include,to the extent known,the street address, date of repair,date of facility installation,nature of condition,and the name of the representative(s)of both parties who observed the condition.The condition of the installation shall be documented with photographs if a representative of the other party cannot be available to inspect the condition.The claim shall include available test data relating to the condition. 13.1.3 priority for establishing responsibility shall be based on the date of installation or reinstallation,with the latter installation bearing responsibility for remedial action and the cost thereof. 13.2 Initial Recourse;Upon request of either party,such dispute shall be first referred to the operational officers designated by the Administrator and the Grantee to have oversight over the administration of this Ordinance.Such officers shall meet within fifteen (15)days and make a good faith attempt to mediate a resolution of the dispute. 13.3 Determination by Administrator/General Manaqer:In the event that the parties are unable to mediate a resolution of the dispute under the procedure set forth above within thirty (30) days,then the dispute shall be referred to the Administrator and the Grantee's General Manager for resolution of the dispute. 13.4 Arbitration:If the dispute has not been resolved pursuant to subparagraphs 13.2 or 13.3,then the matter shall,at the request of either party,be referred to the American Arbitration Association for resolution in accordance with its 15 I I ORDINANCE NO.4572 rules governing commercial arbitrations.An award of the expenses of the arbitration,and the attorneys fees an the arbitration expenses incurred by the prevailing party,as determined by the arbitrator,shall be included as a part of the award. 13.5 Other Remedies:In addition to other remedies provided herein,the Grantor reserves and has the right to pursue any remedy to compel or enforce the Grantee to comply with the terms hereof,and to furnish the service herein called for. The pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture for any reason herein stated after giving the notice required under section 22 below,nor shall the delay of the City in declaring a forfeiture preclude it from thereafter doing so, unless the action of the City shall have prevented,accused, or contributed materially to the failure to perform or do the act or thing complained of. SECTION 14.Binding Effect;Assignment: 14.1 BindinG Effect:All of the provisions,conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Grantee,and all privileges as well as all obligations and liabilities of the Grantee shall inure to its successors and assigns equally as if they were specifically mentioned in this franchise wherever the Grantee is so mentioned. 14.2 Assignment The Grantee,and its successors and assigns,may not assign this franchise without the prior written consent of the City Council of the City approving the tenns of the assignment.If such consent is given and the franchise is assigned,a copy of the assignment shall be filed with the City Clerk.Such consent to assign shall not be unreasonably withheld by the City and shall be granted in the event the State governmental authority having jurisdiction thereover has,after due investigation and notice,authorized such assignment. SECTION 15.Abandonment of Facilities;In the event Grantee decides to discontinue using and abandons any of its facilities,or the City reasonably detennines that Grantee has discontinued using and abandoned any facilities,or both parties have negotiated in good faith but no franchise has been obtained therefor upon 16 ORDINANCE NO.4572--- expiration of this franchise,or within one hundred eighty (180) days after any termination of this franchise,Grantee shall,at its sole cost and as directed by the City,purge its facilities of any product and additive substances rendering them completely safe. Abandoning facilities in place shall not relieve the Grantee of the obligation and/or costs to remove or alter such facilities in the event the City determines and requests Grantee,in writing,to remove or alter such facilities as is necessary for the installation,operation or maintenance of any City-owned utility or for the health and safety of the pUblic,in which case the Grantee shall perform such work in a timely manner at no cost to the City. In the event Grantee does not perform such work within a reasonable time following written notice from the City,the City may do, order,have done,any and all work on such abandoned facilities, and the Grantee,upon demand,shall pay to the City all costs of such work.Grantee shall be responsible for any environmental review required for the abandonment of any facility and payment of any costs of such environmental review. SECTION 16.Emergency Response Plan:Grantee shall prepare and file with the City an emergency management plan,satisfactory to the Fire Chief and Administrator,for responding to any spill or other emergency condition.The plan shall designate responsible officials and emergency 24-hour on-call personnel and the procedures to be followed when responding to an emergency.After being notified of an emergency,Grantee shall cooperate with the City and make every effort to respond as fast as practical with action to minimize damage and to protect the health and safety of the pUblic.The Grantee shall inform the Fire Chief and Administrator immediately of any release of product within the City limits and file a written report for each incident describing how and when spill occurred,material spilled,quantity,response, clean up,and follow up. SECTION 17.Recovery of Costs 17.1 Emergency Response.The Grantee shall reimburse any actual costs reasonably incurred by the City in responding to emergencies, including the detection of contaminants to the air,soil or water, involving the Grantee1s facilities. 17.2 Grantee I S Work,Nothing herein shall preclude the City from recovering any administrative costs incurred by the City in the approval of permits or in the supervision,inspection or examination of all work by the Grantee in the Public Properties as 17 ORDINANCE NO.4572 prescribed in accordance with applicable ordinances or laws, including updating electronic data bases. SECTION 18.Road Side Hazard Inventory and Control:All pipeline system appurtenances located in hazard areas,as defined by the State of Washington,Department of Transportation,Control Zone Guidelines,shall be relocated,protected or removed within thirty-six (36)months after the acceptance of this franchise by the Grantee. SECTION 19.Cathodic Protection: 19.1 Imoressed Current:Where a Grantee pipeline is cathodically protected by impressed current,the Grantee shall provide a copy of the design report and as-built plans/drawings for review by the Grantor for all existing installations within 180 days of the date of this agreement.For replacement or modifications of portions of existing installations,the Grantee shall,at least 30 days prior to such activity,provide design plans/drawings to the Grantor for its review and approval.In all instances the Grantee shall demonstrate to the Grantor's satisfaction that the cathodic protection system installed on the Grantee I s facilities will not adversely affect the Grantor's facilities and shall take such corrective action as necessary to eliminate adverse effects on the Grantor's facilities.The Grantor's review and acceptance of a Grantee cathodic protection system does not relieve the Grantee of any and all liability for damages incurred by the Grantor or a third party resul ting from operation of the cathodic protection system.Should damage from stray current occur to Grantor facilities,based on engineering jUdgment and the responsibility to maintain the integrity of Grantor facilities,the Grantor shall take corrective action,repair or replacement,at the Grantor's sole and absolute discretion.All associated costs shall be reimbursed by the Grantee.For the purpose of demonstrating routine monitoring to determine cathodic protection system performance,the Grantee shall submit to the Grantor,upon request, a copy of an inspection report containing rectifier and test station data.Rectifier data shall include settings,DC-amperage and DC voltage measurements.Test station data shall include pipe -to -soil potentials,measurements of potential across isolation joints,and shunt readings at interference/cross bonds. 19.2 Dielectric Isolation:All cathodically protected shall be Grantor pipelines.Subsequent 18 Grantee pipelines that are dielectrically isolated from to energizing or substantial ORDINANCE NO.4572 adjustment of a rectifier,the Grantee shall provide a report demonstrating stray current evaluation to include measurement of the potential shift at:the groundbed,at pipeline crossings with critical structures,and where pipelines run parallel and within 25 feet of critical structures.For existing installations,within one year of this agreement,the Grantee shall provide a report demonstrating dielectric isolation from Grantor pipelines and stray current monitoring. SECTION 20.Annual Franchise Fee:There is established an annual fee for the consideration and granting of this franchise in the amount specified below.The first installment shall be paid at the time of acceptance of the franchise and shall cover the time period from the acceptance date until December 31,1996.Each succeeding installment shall be paid by January 1st.In addition, interest shall accrue on any late payment at the rate of 12 percent per annum.The annual fee shall be computed as follows: Annual Franchise Fee is equal to one and fifteen hundreds dollars ($1.15)per lineal foot of franchise area which shall be increased or decreased each year by 1)the Consumer Price Index for Urban Wage Earners and Clerical Workers for the Seattle-Tacoma area (CPI-W),and 2)by the amount of the area which may be annexed to the City during the preceding year. The annual franchise fee for the first on~year period equals $1.15 per lineal foot per year times 26,785 lineal feet which equals $30,802.75 per year. SECTION 21.Acceptance by Grantee:After the passage and legal publication of this Ordinance as provided by law relating to granting of franchise,and if accepted thereafter within thirty (30)days by the Grantee,the Grantee shall indicate such acceptance by its filing with the City Clerk of the City an Unconditional Written acceptance thereof,to be executed according to law.The failure of the Grantee to so accept this Ordinance within that period of time shall be deemed a rejection thereof by the Grantee,and all rights and privileges herein granted shall, after the expiration of the thirty (30)day period,if not so accepted,absolutely cease and terminate unless the period of time shall be extended by the City by proper ordinance duly passed for that purpose. SECTION 22. compliance by Termination: the Grantee with For the purpose of compelling all the terms and conditions of this 19 ORDINANCE NO.4572 Franchise and the maintenance of said pipe lines and facilities in good condition,in addition to other remedies provided herein,City retains the right to end and terminate and fully forfeit the Franchise herein granted,within thirty (30)days after written notice unto Grantee,whenever Grantee fails to comply with any of the terms and conditions hereof.The Grantor shall first give the Grantee a written notice that a problem exists for which the Grantee must provide the remedy.If after thirty days the Grantee has not commenced remediation of the problem to the satisfaction of the Grantor,then the Grantor shall issue the thirty day termination notice.Upon such forfeiture the City shall have the right to require Grantee to remove any and all of its pipes, appurtenances and equipment within the City of Renton,all at Grantee 1 s cost and expense,and to promptly and timely restore all roads and other public properties to their condition immediately prior to any such forfeiture and termination. SECTION 23.SeverabilitYi If any section,subsection, paragraph,sentence,clause or phrase of this Ordinance is declared unconstitutional or invalid for any reason,such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 24.Modification of Terms and Conditions: Notwithstanding any provisions of this franchise to the contrary, the City and the Grantee hereby reserve the right to alter,amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration,amendment or modification. SECTION 25.Notice:Any notice or information required or permitted to be given to the parties under this Agreement may be sent to the following address unless others are specified: Olympic Pipe Line Company Regulatory/Environmental Affairs P.O.Box 1800 Renton,WA 98057 Points of Contact: City of Renton Planning/Building/Public Works Department Director of Utilities 200 Mill Avenue South Renton,WA 98055 Points of Contact: William A.Mulkey:235-7745 Lsy Hornsby: FAX: 277-5539 235-2541 Karen Grein: FAX: 235-7739 271-5320 20 ORDINANCE NO.4572 SECTION 26.Effective Date:This Ordinance shall be in full force and effect from and after its passage,approval,and five days after its legal pUblication as provided by law,and provided it has been duly accepted by Grantee as herein above provided.All costs of publication in connection with this Ordinance shall be paid by Grantee. PASSED BY THE CITY COUNCIL this 8th day of January ,1996. APPROVED BY THE MAYOR this 8th day of January AP~~~Lawrenc~ityAttorney Date of Publication:January 12,1996 UNCONDITIONAL ACCEPTANCE ,1996. - The undersigned,OlYmPic Pipe Line Company,hereby accepts all the rights and privileges of the above granted franchise,subject to all the terms,conditions,and obligations contained herein . DATED:.J.J)=-<i!.~~=-=..L.-....:'~3:......-_,199-=6=-----_ ORD.525:11/15195:as.ItS: 21 EXHIBIT A Olympic Pipeline Company Public Property Crossings Public Properties means along,below,under,and through the following named roads and streets of the City of Renton,and City-owned properties as shown on the attached maps and drawings,denominated Drawings No.S-100-44 to S-100-46,S-102-1, S-102-2,S-107-17 to S- 107-19,and S-110-29 to S-110-31,provided,however,that the Public Properties shall also include any area which is annexed to the City which was subject to a franchise granted for a similar purpose to the Grantee by King County at the time of annexation. Ferndale to Portland 16 inch 0.0.Pipeline: Drawing No.Distance 1/4 Sec.Twp.Rge.Street Name S-100-44 119 ft SE 4 23N 5E N.E.Sunset Blvd S-100-44 63 ft SE 4 23N 5E N.E.12th St S-100-44 53 ft NE 9 23N 5E N.E.11th St S-100-44 61 ft NE 9 23N 5E N.E.10th St 5-100-44 588 ft NE 9 23N 5E (City Property Tax Parcel #092305- 9192) S-100-44 272 ft NE 9 23N 5E (City Property Tax Parcel #092305- 9227) S-100-44 64 ft SE 9 23N 5E N.E.7th St S-100-44 30 ft SE 9 23N 5E N.E.6th St S-100-44 69 ft SE 9 23N 5E N.E.4th St S-100-44 642 ft SE 16 23N 5E (City Property Tax Parcel #162305- 9065) S-100-44 120 ft SE 16 23N 5E (City Property Tax Parcel #162305- 9129) S-100-44 62 ft SE 16 23N 5E S.E.5th St S-100-44 440 ft SE 16 23N 5E (City Property Tax Parcel #162305- 9066) S-100-44 65 ft SE 16 23N 5E S.E.6th St S-100-44 72ft SE 16 23N 5E Maple Valley Rd S-100-45 50 ft SW 16 23N 5E (City Property Tax Parcel #162305- 9014) S-100-45 188 ft NW 21 23N 5E (City Property Tax Parcel #212305- 9069) S-100-45 458 It NW 21 23N 5E (City Property Tax Parcel #212305- 9070) S-100-45 565 ft NW 21 23N 5E Royal Hills Dr S.E. Ferndale to Portland 16 inch 0.0.Pipeline (continued): Olympic Pipeline Company Ordinance 12113195 Page 22 Drawing No.Distance 1/4 Sec.Twp.Rge.Street Name S-100-45 1,005 It NW 21 23N 5E "Deeded to City of SE 20 23N 5E Renton for Road Declaration of Takings No.4858, dated July 21,1959" S-100-45 3,418 It SE 20 23N 5E Puget Drive S-100-45 84 It SW 20 23N 5E Benson Road S. S-100-45 180 It SW 20 23N 5E S.23rd St S-100-45 120 It SW 20 23N 5E S.R.515 S-100-45 1,978 It SE 19 23N 5E S.23rd St S-100-46 250 It SE 19 23N 5E S.R.167 S-100-46 76 It SW 19 23N 5E E.Valley Rd 6-100-46 80 It SW 19 23N 5E Lind Ave S.W. S-100-46 240 It NW 30 23N 5E (City Property Tax Parcel #302305- 9007) 11,410 lineal feet of 16 inch pipeline PUBLIC PROPERTY CROSSING DESCRIPTIONS: An existing 16 inch outside diameter product pipeline crossing street rights-of-way and City of Renton properties lying within the City of Renton boundary limits,in King County Washington, the centerline of the herein described pipe crossings being more particularly described as follows: 1.NORTHEAST SUNSET BOULEVARD (SR-9001: That portion of the Southeast quarter of the Southeast quarter of Section 4,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the North margin of Northeast Sunset Boulevard,approximately 140 feet East of the West line of said subdivision;thence Southerly along the centerline of said pipe 119 feet,terminating on the South margin of said Northeast Sunset Boulevard. 2.NORTHEAST 12TH STREET: That portion of the Southeast quarter of the Southeast quarter of Section 4,Township 23 North,Range 5 East,W.M.,AND the Northeast quarter of the Northeast quarter of Section 9, Township 23 North,Range 5 East,W.M.,all in said county;said pipe centerline beginning on the North margin of Northeast 12th Street,approximately 330 feet East of the West line of said subdivision;thence Southerly along the centerline of said pipe 63 feet,terminating on the South margin of said Northeast 12th Street. 3.NORTHEAST 11TH STREET: That portion of the Northeast quarter of the Northeast quarter of Section 9,Township 23 North, Range 5 East,W.M.,in said county;said pipe centerline beginning on the North margin of Northeast 11th Street,approximately 300 feet East of the centerline intersection of Redmond Avenue Northeast;thence Southerly along the centerline of said pipe 53 feet,terminating on the South margin of said Northeast 11 th Street. 4.NORTHEAST 10TH STREET: Olympic Pipeline Company Ordinance Page 23 12/13195 That portion of the Southeast quarter of the Northeast quarter of Section 9,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the North margin of Northeast 10th Street,approximately 195 feet East of the centerline intersection of Redmond Avenue Northeast;thence Southerly along the centerline of said pipe 61 feet, terminating on the South margin of said Northeast 10th Street. 5.CITY PROPERTY -TAX PARCEL #092305--9192 (Kiwanis Park): That portion of the Southeast quarter of the Northeast quarter of Section 9,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning at the North property line of Kiwanis Park,approximately 200 feet East of the centerline intersection of Redmond Avenue Northeast;thence Southerly along the centerline of said pipe 588 feet,terminating on the North line of the South 165 feet of the Northeast quarter of said Section approximately 230 feet East of the center of the cuI·de sac of Northeast 8th Court. 6.CITY PROPERTY -TAX PARCEL #092305--9227 (Kiwanis Park): That portion of the Southeast quarter of the Northeast quarter of Section 9,Township 23 North,Range 5 East,W.M.,AND the Northeast quarter of the Southeast quarter of Section 9, Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning at the North line of the South 165 feet of the Northeast quarter of said Section approximately 230 feet East of the center of the cul-de~sac of Northeast 8th Court;thence Southerly along the centerline of said pipe 272 feet,terminating on the North margin of Northeast 7th Street.. 7.NORTHEAST 7TH STREET: That portion of the Northeast quarter of the Southeast quarter of 'Section 9,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the North margin of Northeast 7th Street,approximately 220 feet West of the centerline intersection of Shelton Avenue Northeast;thence Southerly along the centerline of said pipe 64 feet,terminating on the South margin of said Northeast 7th Street. 8.NORTHEAST 6TH STREET: That portion of the Northeast quarter of the Southeast quarter of Section 9,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the North margin of Northeast 6th Street,approximately 245 feet West of the centerline intersection of Shelton Avenue Northeast;thence Southerly along the centerline of said pipe 30 feet,terminating on the South margin of said Northeast 6th Street. 9.NORTHEAST 4TH STREET: That portion of the Southeast quarter of the Southeast quarter of Section 9,Township 23 North,Range 5 East,W.M.,AND the Northeast quarter of the Northeast quarter of Section 16, Township 23 North,Range 5 East,W.M.,all in said county;said pipe centerline beginning on the North margin of Northeast 4th Street,approximately 1,010 feet West of the centerline intersection of Union Avenue Northeast;thence Southerly along the centerline of said pipe 69 feet,terminating on the South margin of said Northeast 4th Street. 10.CITY PROPERTY -TAX PARCEL #162305-9065: That portion of the Southwest quarter of the Southeast quarter of Section 16,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the North margin of Tax Parcel #162305~9065,approximately 1,290 feet East of the quarter section line bisecting said Section;thence Southerly and Southwesterly 642 feet,terminating on the Southerly margin of said tax parcel. 11.CITY PROPERTY -TAX PARCEL #162305-9129: Olympic Pipeline <A;.mpany Ordinance Page 24 12I1319S That portion of the Southwest quarter of the Southeast quarter of Section 16,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the Northerly margin of Tax Parcel #162305-9129,approximately 895 feet East of the quarter section line bisecting said Section;thence Southwesterly 120 feet,terminating on the Northerly margin of Southeast 5th Street. 12.SOUTHEAST 5TH STREET: That portion of the Southwest quarter of the Southeast quarter of Section 16,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the Northerly margin of Southeast 5th Street,approximately 280 feet Easterly of the centerline intersection of Newport Avenue Southeast;thence Southwesterly along the centerline of said pipe 62 feet, .terminating on the Southerly margin of said Southeast 5th Street. 13.CITY PROPERTY -TAX PARCEL #162305-9066 (Maplewood Park): That portion of the Southwest quarter of the Southeast quarter of Section 16,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline·beginning on the Southerly margin of Southeast 5th Street,approximately 280 feet Easterly of the centerline intersection of Newport Avenue Southeast;thence Southwesterly along the centerline of said pipe 440 feet,terminating on the Northerly margin of Southeast 6th Street. 14.SOUTHEAST 6TH STREET: That portion of the Southwest quarter of the Southeast quarter of Section 16,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline ..beginning on the Northerly margin of Southeast 6th Street,approximately 520 feet Westerly ·of ·the·centerline .intersection of Pierce Avenue Southeast;thence Southwesterly along the·centerline of said pipe 65 feet, terminating on the Southerly margin of said Southeast 6th Street. 15.MAPLE VALLEY ROAD (SR-169): That portion of the Southwest quarter of the Southeast quarter of Section 16,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the Northerly margin of Maple Valley Road,approximately 310 feet Northwesterly of the centerline intersection of Maplewood Place Southeast;thence Southwesterly along the centerline of said pipe 72 feet,terminating on the Southerly margin of said Maple Valley Road. 16.CITY PROPERTY -TAX PARCEL #162305-9014: That portion of the Southeast quarter of the Southwest quarter of Section 16,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the Northeasterly margin of tax parcel #162305-9014,approximately 180 feet West of the East line of said subdivision;thence Southwesterly along the centerline of said pipe 50 feet,terminating on the South line of said subdivision. 17.CITY PROPERTY -TAX PARCEL #212305-9069: That portion of the Northeast quarter of the Northwest quarter of Section 21,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the North margin of said subdivision,approximately 160 feet West of the East line of said subdivision;thence Southwesterly along the centerline of said pipe 188 feet,terminating on the West margin of tax parcel #212305-9069,approximately 140 feet South of North line of said subdivision. 18.CITY PROPERTY -TAX PARCEL #212305-9070: That portion of the Northeast quarter of the Northwest quarter of Section 21,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the East margin of tax parcel #212305-9070,approximately 140 feet South of the North line of said Olympic Pipeline Company Ordinance 12113/95 Page 25 subdivision;thence Southwesterly along the centerline of said pipe 458 feet,terminating on the West margin of tax parcel #212305-9070,approximately 295 feet South of North line of said subdivision. 19.SOUTHEAST ROYAL HILLS DRIVE: That portion of the Southwest quarter of the Northwest quarter of Section 21,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the Northwesterly margin of Southeast Royal Hills Drive at a point approximately 70 feet,as measured along said Northwesterly margin,Northeasterly of the Southwest corner of tax parcel #212305- 9067;thence Southwesterly along the centerline of said pipe lying within said street margins,a distance of 565 feet,-terminating on the Southeasterly margin of Southeast Royal Hills Drive at a point approximately 49 feet,as measured along said Southeasterly margin,Northeasterly of the intersection of said Southeasterly.margin of Southeast Royal Hills Drive and the Westerly margin of easement decree No.4858,dated July 20,1959 20.SOUTHEAST ROYAL HILLS DRIVE: Those portions of the Southwest quarter of the Northwest quarter and the Northwest quarter of the Southwest quarter,all in Section 21,Township 23 North,Range 5 East,W.M.,in said county,and that portion of the Northeast quarter of the Southeast quarter of Section 20, Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the Westerly margin of easement decree No.4858,dated July 20,1959;at a point approximately 37 feet,as measured along said Westerly margin,Northwesterly of the Northwesterly boundary line of the plat of Tiffany Park,as recorded in Volume 72,pages 7 through 9, inclusive,records of King County,Washington,in said Southwest-quarter of -the Northwest quarter of said Section 21;thence Southwesterly along the centerline of said pipe 1,005 feet, terminating on the Northwesterly margin of Southeast Royal Hills Drive. 21.PUGET DRIVE SOUTHEAST: That portion of the Southeast quarter AND the Southeast quarter of the Southwest quarter all being in Section 20,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the Northerly margin of Puget Drive Southeast,approximately 75 feet West of the East line of said subdivision;thence Southwesterly along the centerline of said pipe lying within said street margins,a distance of 3,418 feet,terminating on the Southerly margin of Puget Drive. 22.BENSON ROAD SOUTH: That portion of the South half of the Southwest quarter of Section 20,Township 23 North, Range 5 East,W.M.,in said county;said pipe centerline beginning on the East margin of Benson Road South,approximately 8 feet North of the South line of said subdivision;thence West along the centerline of said pipe 84 feet,terminating on the West margin of said Benson Road South. 23.SOUTH 23RD STREET: That portion of the Southwest quarter of the Southwest quarter of Section 20,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the North margin of South 23rd Street,approximately 300 feet East of the West line of said subdivision;thence West along the centerline of said pipe lying within said street margins,a distance of 180 feet, terminating on the East margin of SR 515. 24.SR 515: Olympic Pipeline Company Ordinance Page 26 12fl3!95 of SR 515,approximately 8 feet North of the South line of said subdivision;thence West along the centerline of said pipe 120 feet,terminating on the West margin of SR 515. 25.SOUTH 23RD STREET: That portion of the South half of Section 19,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the West margin of SR 515,approximately 8 feet North of the South line of said subdivision;thence Westerly along the centerline of said pipe 1,976 feet,terminating on the South margin of said South 23rd Street. 26.SR 167: That portion of the Northwest quarter of the Northeast quarter of Section 30,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the east margin of SR 167,approximately 45 feet South of the North line of said subdivision;thence West along the centerline of said pipe 250 feet,terminating on the west margin of said SR 167. 27.EAST VALLEY ROAD: That portion of the Northwest quarter of the Northeast quarter AND the Northeast quarter of the Northwest quarter all being in Section 30,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the East margin of East Valley Road,approximately 45 feet South of the North line of said subdivision;thence West along the centerline of said pipe 76 feet,tenninating on the West margin of said East Valley Road. 28.LIND AVENUE SOUTHWEST: That portion of the North half of the Northwest quarter of Section 30,.Township 23 North, Range 5 East,W.M.,in said county;said pipe centerline beginning on ·the East margin of Lind Avenue Southwest,approximately 30 feet South of the North line of said subdivision;thence West along the centerline of said pipe 80 feet,terminating on the West margin of said Lind Avenue Southwest. 29.CITY PROPERTY -TAX PARCEL #302305-9007: That portion of the North half of the Northwest quarter of Section 30,Township 23 North, Range 5 East,W.M.,in said county;said pipe centerline beginning on the West margin of Lind Avenue Southwest,approximately 30 feet South of the North line of said subdivision;thence West and South along the centerline of said pipe 240 feet,terminating on the South margin of tax parcel #302305-9007,approximately 108 feet West of the centerline of Lind Avenue Southwest. The hereinabove described centerlines have a total length of 11,410 feet;said pipe centerline is also known as the Olympic Pipe Line Company Ferndale to Portland Products Pipeline, shown on alignment sheet drawings S-100-44 through S-100-47. Olympic Pipeline Company Ordinance Page 27 12113195 Allen Station to Renton 20 inch 0.0.Pipeline: Drawing No.Distance 1/4 Sec.Twp.Rge.Street Name 5E 5E 5E 5E 5E 5E 5E 5E 5E 5E 5E 5E 5E 5E 5E 5E 5E 5E 23N 23N 23N 23N 23N 23N 23N 23N 23N 23N 23N 23N 23N 23N 23N 23N 23N 23N9 4 4 9 9 9 16 16 16 21 21 16 16 16 9 9 9 16 NW NW NE SE SE SE SE SE SE SE SE SE NE NE NE SE SE SW 65 ft 72ft SO ft 458 ft 188 ft 64 ft 30 ft 69 ft 642 ft 62 ft 440 ft 119 ft 63 ft 53 ft 61 ft 588 ft 272 ft 120 ft8-110-29 S-110-29 S-110-29 S-110-29 S-110-30 S-110-30 N.E.Sunset Blvd N.E.12th St N.E.11thSt N.E.10thSt (City Property Tax Parcel #092305- 9192) (City Property Tax Parcel #092305- 9227) N.E.7th St N.E.6th St N.E.4th St (City Property Tax Parcel #162305- 9065) (City Property Tax Parcel #162305- 9129) S.E.5th St (City Property Tax Parcel #162305- 9066) S.E.6th St Maple Valley Rd (City Property Tax Parcel #162305- 9014) (City Property Tax Parcel #212305- 9069) (City Property Tax Parcel #212305- 9070) S-110-30 72ft NE 20 23N 5E Cedar Ridge Dr S-110-30 69 ft NE 20 23N 5E Beacon Way SE S-110-30 62 ft NW 20 23N 5E Grant Avenue S. S-110-30 67 ft NW 20 23N 5E Eagle Ridge Dr S-110-30 120ft NW 20 23N 5E Benson RdS. S-110-30 120 ft NE 19 23N 5E S.R.515 S-110-30 70ft NE 19 23N 5E Smithers Ave S-110-30 1,823ft NE 19 23N 5E South 14thSt S-110-30 175 ft NE 19 23N 5E Lake Ave S. S-110-30 1,390 ft SW 19 23N 5E (City Property Tax Lot #334040-1185;334040-0995; 334040-1010;334040-1020; 334040-1065; 334040-1075) S-110-29 S-110-29 S-110-29 S-110-29 S-110-29 8-110-29 S-110-29 S-110-29 S-110-29 S-110-29 S-110-29 S-110-29 Olympic Pipeline Company Ordinance Pag<l28 1211319.5 Allen Station to Renton 20 inch 0.0.Pipeline (continued): Drawing No.Distance 1/4 Sec.Twp.Rge.Street Name S-110-30 30 It SE 19 23N 5E S.19th St S-110-31 250 It SE 19 23N 5E S.R.167 S-110-31 76 It SW 19 23N 5E E.Valley Rd S-110-31 80 It SW 19 23N 5E Lind Ave S.W. 8-110-31 240 It NW 30 23N 5E (City Property Tax Parcel #302305- 9007) 8,060 lineal feet of 20 inch pipeline PUBLIC PROPERTY CROSSING DESCRIPTIONS: An existing 20 inch outside diameter product pipeline crossing street rights-of-way and City of Renton properties lying within the City of Renton boundary limits,in King County Washington, the centenine of the herein described pipe crossings being more particulany described as follows: 1.NORTHEAST SUNSET BOULEVARD (SR-900): That portion of the Southeast quarter of the Southeast quarter of Section 4,Township 23 North,Range 5 East,W.M.,in said county;said pipe centenine beginning'onthe North margin of Northeast Sunset Boulevard,approximately 140 feet East .of the ·West line of said subdivision;thence-Southerly along the centenine of said pipe 119 feet,terminating on the South margin of said Northeast Sunset Boulevard. 2.NORTHEAST 12TH STREET: That portion of the Southeast quarter of the Southeast quarter of Section 4,Township 23 North,Range 5 East,W.M.,AND the Northeast quarter of the Northeast quarter of Section 9, Township 23 North,Range 5 East,W.M.,all in said county;said pipe centerline beginning on the North margin of Northeast 12th Street,approximately 330 feet East of the West line of said subdivision;thence Southerly along the centenine of said pipe 63 feet,terminating on the South margin of said Northeast 12th Street. 3.NORTHEAST 11TH STREET: That portion of the Northeast quarter of the Northeast quarter of Section 9,Township 23 North, Range 5 East,W.M.,in said county;said pipe centenine beginning on the North margin of Northeast 11th Street,approximately 300 feet East of the centerline intersection of Redmond Avenue Northeast;thence Southeny along the centerline of said pipe 53 feet,terminating on the South margin of said Northeast 11th Street. 4.NORTHEAST 10TH STREET: That portion of the Southeast quarter of the Northeast quarter of Section 9,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the North margin of Northeast 10th Street,approximately 195 feet East of the centenine intersection of Redmond Avenue Northeast;thence Southeny along the centenine of said pipe 61 feet, terminating on the South margin of said Northeast 10th Street. Olympic Pipeline Company Ordinance Page 29 12113/95 5.CITY PROPERTY -TAX PARCEL #092305-9192 (Kiwanis Park): That portion of the Southeast quarter of the Northeast quarter of Section 9,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning at the North property line of Kiwanis Park,approximately 200 feet East of the centerline intersection of Redmond Avenue Northeast;thence Southerly along the centerline of said pipe 588 feet,terminating on the North line of the South 165 feet of the Northeast quarter of said Section approximately 230 feet East of the center of the cul-de-sac of Northeast 8th Court. 6.CITY PROPERTY -TAX PARCEL #092305-9227 (Kiwanis Park): That portion of the Southeast quarter of the Northeast quarter of Section 9,Township 23 North,Range 5 East,W.M.,.AND the Northeast quarter of.the Southeast quarter of Section 9, Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning at the North line of the South 165 feet of the ,Northeast quarter of said Section,approximately 230 feet East of the center of the cul-de-sac of Northeast 8th Court;thence·Southerly along the centerline of said pipe 272 feet,terminating on the North margin of Northeast 7th Street. 7.NORTHEAST 7TH STREET: That portion of the Northeast quarter of the Southeast quarter of Section 9,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the North margin of Northeast 7th Street,approximately 220 feet West of the centerline intersection of Shelton Avenue Northeast;thence Southerly along the centerline of.said pipe:64 Jeet,terminating on the South margin of said Northeast 7th Street. 8.NORTHEAST 6TH STREET: That portion of the Northeast quarter of the Southeast quarter of .Section 9,Township 23 .North,Range 5 East,W.M.,in said county;said pipe centerline·beginning on·the North margin of Northeast 6th Street,approximately 245 feet West of the centerline 'intersection of Shelton Avenue Northeast;thence Southerly along the centerline of said pipe 30 feet,terminating on the South margin of said Northeast 6th Street. 9.NORTHEAST 4TH STREET: That portion of the Southeast quarter of the Southeast quarter of Section 9,Township 23 North,Range 5 East,W.M.,AND the Northeast quarter of the Northeast quarter of Section 16, Township 23 North,Range 5 East,W.M.,all in said county;said pipe centerline beginning on the North margin of Northeast 4th Street,approximately 1,010 feet West of the centerline intersection of Union Avenue Northeast;thence Southerly along the centerline of said pipe 69 feet,terminating on the South margin of said Northeast 4th Street. 10.CITY PROPERTY -TAX PARCEL #162305-9065: That portion of the Southwest quarter of the Southeast quarter of Section 16,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the North margin of Tax Parcel #162305-9065,approximately 1,290 feet East of the quarter section line bisecting said Section;thence Southerly and Southwesterly 642 feet,terminating on the Southerly margin of said tax parcel. 11.CITY PROPERTY -TAX PARCEL #162305-9129: That portion of the Southwest quarter of the Southeast quarter of Section 16,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the Northerly margin of Tax Parcel #162305-9129,approximately 895 feet East of the quarter section line bisecting said Section;thence Southwesterly 120 feet,terminating on the Northerly margin of Southeast 5th Street. Olympic Pipeline Company Ordinance Page 30 12l1319~ 12.SOUTHEAST 5TH STREET: That portion of the Southwest quarter of the Southeast quarter of Section 16,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the Northerly margin of Southeast 5th Street,approximately 280 feet Easterly of the centerline intersection of Newport Avenue Southeast;thence Southwesterly along the centerline of said pipe 62 feet, terminating on the Southerly margin of said Southeast 5th Street. 13 ..CITY PROPERTY -TAX PARCEL #162305-9066 (Maplewood Park): That portion of the Southwest quarter of the Southeast quarter of Section 16,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the Southerly margin of Southeast 5th Street,approximately 280 feet Easterly of the ·centerline intersection of Newport Avenue Southeast;thence Southwesterly along the centerline of said pipe 440 feet,terminating on the Northerly margin of Southeast 6th Street. 14.SOUTHEAST 6TH STREET: That portion of the Southwest quarter of the Southeast quarter·of -Section 16,··-Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the Northerly margin of Southeast 6th Street,approximately 520 feet Westerly of the centerline intersection of Pierce Avenue Southeast;thence Southwesterly along the centerline of said pipe 65 feet, terminating on the Southerly margin of said Southeast 6th Street. 15.MAPLE VALLEY ROAD (SR-169): That portion of the Southwest quarter of the Southeast quarter of Section 16,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline.-beginning"on the Northerly margin of Maple Valley Road,approximately 310 feet Northwesterly of the centerline intersection of Maplewood Place Southeast;·thence Southwesterly along the centerline of said pipe 72 feet,terminating on the Southerly margin of said Maple Valley Road. 16.CITY PROPERTY -TAX PARCEL #162305-9014: That portion of the Southeast quarter of the Southwest quarter of Section 16,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the Northeasterly margin of tax parcel #162305-9014,approximately 180 feet West of the East line of said subdivision;thence Southwesterly along the centerline of said pipe 50 feet,terminating on the South line of said subdivision. 17.CITY PROPERTY -TAX PARCEL #212305-9069: That portion of the Northeast quarter of the Northwest quarter of Section 21,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the North margin of said subdivision,approximately 160 feet West of the East fine of said subdivision;thence Southwesterly along the centerline of said pipe 188 feet,terminating on the West margin of tax parcel #212305-9069,approximately 140 feet South of North line of said subdivision. 18.CITY PROPERTY -TAX PARCEL #212305-9070: That portion of the Northeast quarter of the Northwest quarter of Section 21,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the East margin of tax parcel #212305-9070,approximately 140 feet South of the North line of said subdivision;thence Southwesterly along the centerline of said pipe 458 feet,terminating on the West margin of tax parcel #212305-9070,approximately 295 feet South of North line of said subdivision. 19.CEDAR RIDGE DRIVE SOUTH: Olympic Pipeline Company Ordinance Page 31 12113/95 That portion of the Northeast quarter of the Northeast quarter of Section 20,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the Northeasterly margin of Cedar Ridge Drive South,approximately 95 feet Southerly of the North line of the Bonneville Power Administration Relocation of the Diablo-Seattle Transmission line Easement;thence Westerly along the centerline of said pipe 72 feet,terminating on the Southwesterly margin of said Cedar Ridge Drive South. 20.BEACON WAY SOUTHEAST: That portion of the South half of-the Northeast quarter of Section 20,Township 23 North, Range 5 East,W.M.,in said county;said pipe centerline beginning on the Northeasterly ·margin of Beacon Way Southeast,-approximately 95 feet Southerly-of the North line of the Bonneville Power .Administration Relocation of the Diablo-Seattle 230KV Transmission line - -Easement;thence Westerly .along the centerline of said pipe 69-o feet,terminating on the Southwesterly margin of said Beacon Way Southeast. 21.GRANT AVENUE SOUTHEAST: That portion of the Southeast quarter of the Northwest quarter of Section 20,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the East margin of Grant Avenue Southeast,approximately 95 feet South of the North line of the Bonneville Power Administration Relocation of the Diablo-Seattle 230KV Transmission Line Easement; thence Westerly along the centerline of said pipe 62 feet,terminating on the West margin of said Grant Avenue Southeast. 22.EAGLE RIDGE DRIVE: That portion of the Southwest quarter of the Northwest quarter of Section 20,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the .East margin of Eagle Ridge Drive,approximately 95 feet South of the North line -of the Bonneville Power Administration Relocation of the Diablo-Seattle 230KV Transmission line Easement;thence West along the centerline of said pipe 67 feet,terminating on the West margin of said Eagle Ridge Drive. 23.BENSON ROAD SOUTH: That portion of the Southwest quarter of the Northwest quarter of Section 20,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the East margin of Benson Road South,approximately 95 feet South of the North line of the Bonneville Power Administration Relocation of the Diablo-Seattle 230KV Transmission Line Easement;thence West along the centerline of said pipe 120 feet,terminating on the West margin of said Benson Road South. 24.SR-515: That portion of the Southeast quarter of the Northeast quarter of Section 19,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the East margin of SR 515,approximately 80 feet South of the North line of the Bonneville Power Administration Relocation of the Diablo-Seattle 230KV Transmission line Easement;thence West along the centerline of said pipe 120 feet,terminating on the West margin of said SR 515. 25.SMITHERS AVENUE SOUTH: That portion of the Southeast quarter of the Northeast quarter of Section 19,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the East margin of Smithers Avenue South,approximately 550 feet North of the South line of said subdivision; Olympic Pipeline Company Ordinance Page 32 12113195 thence Northwesterly along the centerline of said pipe 70 feet,terminating on the South margin of South 14th Street. 26.SOUTH 14TH STREET: That portion of the South half of the Northeast quarter of SectioJ:l 19,Township 23 North, Range 5 East,W.M.,in said county;said pipe centerline beginning on the South margin of South 14th Street,approximately 610 feet West of the East line of said subdivision;thence Northwesterly,Westerly,and Southerly along the centerline of said pipe,lying within said street right-of-way,1,823 feet,terminating on the South line of said subdivision. 27.LAKE AVENUE SOUTH: That portion of the Northwest quarter of the Southeast quarter of Section 19,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the North line of said subdivision,approximately 470 feet East of the West line of said subdivision;thence Southerly and Westerly along the centerline of said pipe 175Jeet,terminating on the West margin of said Lake Avenue South. 28.LOWER TALBOT HILL "PARK",CITY PROPERTIES -TAX LOT #334040-1185,334040- 0995,334040-1010,334040-1020,334040-1065,and 334040-1075: Those portions of Lots 20 through 41,inclusive,and Lot 57,all in block 7 of C.D.Hillman's Earlington Gardens Addition,Division No.1,as recorded in Volume 17 of Plats,page 74, records of King County,Washington;said block 7 lying within the Northwest quarter of the Southeast quarter of Section 19,Township 23 North,Range 5 East,,W.M.,in said county; said pipe centerline beginning at the intersection of the West margin of Lake Avenue South with the East line of said Lot 57 at a point approximately 155 feet Southerly of the North line of said subdivision,as measured along the West margin of Lake Avenue South;thence Westerly,Southwesterly and Southerly along the centerline of said pipe 1,390 feet, terminating on the North margin of South 19th Street,approximately 40 feet East of the East margin of SR 167. 29.SOUTH 19TH STREET: That portion of the Northwest quarter of the Southeast quarter of Section 19,Township 23 North,Range 5 East,W.M.,in said county;said pipe cent~r1ine beginning on the North margin of South 19th Street,approximately 40 feet East of the East margin of SR 167;thence South along the centerline of said pipe 30 feet,terminating on the South margin of said South 19th Street. 30.SR 167: That portion of the Northwest quarter of the Northeast quarter of Section 30,Township 23 North,Range 5 East,W.M.,in said county;said pipe centerline beginning on the East margin of SR 167,approximately 70 feet South of the North line of said subdivision;thence West along the centerline of said pipe 250 feet,terminating on the West margin of said SR 167. 31.EAST VALLEY ROAD: That portion of the Northwest quarter of the Northeast quarter AND the Northeast quarter of the Northwest quarter of Section 30,Township 23 North,Range 5 East,W.M.,in said county; said pipe centerline beginning on the East margin of East Valley Road,approximately 70 feet South of the North line of said subdivision;thence West along the centerline of said pipe 76 feet,terminating on the West margin of said East Valley Road. Olympic Pipeline Company Ordinancc Page 33 12/13/95 32.LIND AVENUE SOUTHWEST: That portion of the North half of the Northwest quarter of Section 30,Township 23 North, Range 5 East,W.M.,in said county;said pipe centerline beginning on the East margin of Lind Avenue Southwest,approximately 40 feet South of the North line of said subdivision;thence West along the centerline of said pipe 80 feet,terminating on the West margin of said Lind Avenue Southwest. 33.CITY PROPERTY -TAX PARCEL #302305-9007: That portion of the North half of the Northwest quarter of Section 30,Township 23 North, Range 5 East,W.M.,in said county;said pipe centerline beginning on the West margin of Lind Avenue Southwest,approximately 40 feet South of the.North line of said subdivision; thence West and South along the centerline of said pipe 240 feet,terminating on the South margin of tax parcel #302305-9007,approximately 148 feet west of the centerline of Lind Avenue Southwest. -The hereinabove described centerlines have a total length of 8,060 feet;:said pipe,centerline is also known as the Olympic Pipe Line Company Allen Station to Renton Products Pipeline, shown on alignment sheet drawings S~11o-29 through 8-110-31. Olympic Pipeline Company Ordinance Page 34 12113195 12.75 inch 0.0.Pipeline -Renton Junction to Harbor Island: Drawing No.Distance 1/4 Sec.Twp.Rge.Street Name S-102-1 240 It NW 30 23N 5E (City Properly Tax Parcel #302305- 9007) S-102-1 1,1971t SW 19 23N 5E Lind Ave SW. S-102-1 168 It NW 19 23N 5E (City Property Tax Lot #334040-0425) S-102-1 1,229 It SW 19 23N 5E Lind Ave SW. S-102-1 1,1501t SW 19 23N 5E S.W.16th St S-102-1 348 It SEINE 24 23N 4E Raymond Ave S.W. S-102-1 200 It NE 24 23N 4E 1-405 S-102-1 627 It NE 24 23N 4E Raymond Ave SW.! SW Grady Way S-102-1 70 It NE 24 23N 4E SW.10th St S-102-2 80 It NW 19 23N 5E S.w.7th St S-102-2 107 It SW 18 23N 5E Sunset Blvd W. S-102-2 1,168 It SW 18 23N 5E Earlington Avenue 8-102-2 658 It NW 18 23N 5E SW.Langston Rd S-102-2 73 It NW 18 23N 5E Thomas Ave S.W. 7,315 lineal feet of 12.75 inch pipeline PUBLIC PROPERTY CROSSING OESCRIPTIONS: An existing 12.75 inch outside diameter product pipeline crossing street rights-of-way and City of Renton properties lying within the City of Renton boundary limits,in King County Washington,the centerline of the herein described pipe crossings being more particularly described as follows: 1.CITY PROPERTY -TAX PARCEL #302305-9007: That portion of the North half of the Northwest quarter of Section 30,Township 23 North, Range 5 East,W.M.,in said county;said pipe centerline beginning on the South margin of tax parcel #302305·9007,approximately 130 feet West of the centerline of Lind Avenue Southwest;thence North along the centerline of said pipe 150 feet to a point 30 feet South of the North line of the Northwest quarter of said section 30;thence East along the centerline of said pipe 90 feet,terminating on the West margin of Lind Avenue Southwest. 2.LIND AVENUE SOUTHWEST: That portion of the North half of the Northwest quarter of Section 30,AND the Southwest quarter of Section 19,all being in Township 23 North,Range 5 East,W.M.,in said county; said pipe centerline beginning on the West margin of Lind Avenue Southwest,approximately 30 feet South of the North line of the Northwest quarter of said Section 30;thence Easterly and Northerly along the centerline of said pipe 1,197 feet,terminating on the East margin of said Lind Avenue Southwest,approximately 227 feet South of the centerline intersection of Southwest 19th Street. 3.CITY PROPERTY -TAX LOT #3340400425: That portion of Block 4 of C.D.Hillman's Earlington Gardens Addition,Division 1,filed under Volume 17 of plats,Page 74,records of King County,Washington,said block lying within that Olympic Pipeline Compally OrdiRaIlCe 12I1319S Page 35 portion of the Southeast quarter of the Southwest quarter of Section 19,Township 23 North, Range 5 East,W.M.,in said county;said pipe centerline beginning at the East margin of Lind Avenue Southwest,approximately 227 feet South of the centerline intersection of Southwest 19th Street;thence North along the centerline of said pipe 168 feet,terminating on the Easterly margin of said Lind Avenue Southwest,approximately 35 feet East of the centerline of said Lind Avenue Southwest,and approximately 59 feet South of the centerline of Southwest 19th Street. 4.LIND AVENUE SOUTHWEST: That portion of the North half of the Northwest quarter of Section 30,AND the Southwest quarter of Section 19,all being in Township 23 North,Range 5 East,W.M.,in said county; said pipe centerline beginning on the Easterly margin of Lind Avenue Southwest, approximately 35 feet East of the centerline of said Lind Avenue Southwest,and approximately 59 feet South of the centerline of Southwest 19th Street;thence North along the centerline 'of said pipe 1,229 feet,terminating on the South margin of·Southwest 16th Street, said margin being 45 feet South of the centerline of said Southwest 16th Street. .5.SOUTHWEST 16TH STREET: That portion of the North half of the Southwest quarter of Section 19,Township 23 North, Range 5 East,W.M.,in said county,AND the Northeast quarter of the Southeast quarter of Section 24,Township 23 North,Range 4 East,W.M.,all being in said county;said pipe centerline beginning approximately 37 feet East of the centerline of Lind Avenue Southwest, on the South margin of Southwest 16th Street,said South margin being 45 feet South of the centerline of said Southwest 16th Street;thence North and West and North along the centerline of said pipe 1,150 feet,terminating on the North margin of said Southwest 16th Street. 6.RAYMOND AVENUE SOUTHWEST: That portion of the Northeast quarter of the Southeast quarter,AND the Southeast quarter of the Northeast quarter of Section 24,Township 23 North,Range 4 East,W.M.,all being in said county;said pipe centerline beginning on the North margin of Southwest 16th Street, approXimately 10 feet West of the centerline of Raymond Avenue Southwest;thence North along the centerline of said pipe 348 feet,terminating on the South margin of SR-40S. 7.SR-405: That portion of the Southeast quarter of the Northeast quarter of Section 24,Township 23 North,Range 4 East,W.M.,in said county;said pipe centerline beginning on the South margin of SR-405,approximately 10 feet west of the east line of said subdivision;thence North along the centerline of said pipe 200 feet,terminating on the North margin of SR-405. 8.RAYMOND AVENUE SOUTHWEST/SOUTHWEST GRADY WAY: That portion of the Northeast quarter of the Southeast quarter,AND the Southeast quarter of the Northeast quarter of Section 24,Township 23 North,Range 4 East,W.M.,all being in said county;said pipe centerline beginning on the North margin of SR-405,approximately 10 feet West of the East line of said subdivision;thence North along the centerline of said pipe 627 feet,terminating on the North margin of Southwest Grady Way. 9.SOUTHWEST 10TH STREET: That portion of the Southeast quarter of the Northeast quarter of Section 24,Township 23 North,Range 4 East,W.M.,in said county;said pipe centerline beginning on the South margin of Southwest 10th Street,approximately 10 feet West of the East line of said subdivision; Olympic Pipeline Company On:linance 12/13195 PageJ6 thence North along the centerline of said pipe 70 feet,terminating on the North margin of said Southwest 10th Street. 10.SOUTHWEST 7TH STREET: That portion of the Northwest quarter of the Northwest quarter of Section 19,AND the Southwest quarter of the Southwest quarter of Section 18,all being in Township 23 North, Range 4 East,W.M.,in said county;said pipe centerline beginning on the South margin of Southwest 7th Street,approximately 5 feet East of the West line of said subdivision;thence North along the centerline of said pipe 80 feet,terminating on the North margin of said Southwest 7th Street. 11.SOUTHWEST SUNSET BOULEVARD: That portion of the Northwest quarter of the Southwest quarter of Section 18,Township 23 North,Range 4 East,W.M.,in said county;said pipe centerline beginning on the South margin of Southwest Sunset Boulevard,approximately 6 feet West of the vacated portion of Earlington Avenue Southwest;thence Northerly along the centerline of said pipe 107 feet, terminating on the North margin of said Southwest Sunset Boulevard. 12.EARLINGTON AVENUE SOUTHWEST: That portion of the Northwest quarter of the Southwest quarter of Section 18,Township 23 North,Range 4 East,W.M.,in said county;said pipe centerline beginning on the.North margin of Southwest Sunset Boulevard,approximately 6 feet West of the centerline of Earlington Avenue Southwest;thence North along the centerline of said ·pipe 1,168 feet,.terminating on the South margin of said Southwest Langston Road. 13.SOUTHWEST LANGSTON ROAD: That portion of the Northwest quarter of the Southwest quarter AND the Southwest quarter of the Northwest quarter,all being in Section 18,Township 23 North,Range 4 East,W.M.,in said county;said pipe centerline beginning on the South margin of Southwest Langston Road, approximately 6 feet West of the centerline of Earlington Avenue Southwest;thence Northerly, Northwesterly,and North along the centerline of said pipe 658 feet,terminating on the North margin of said Southwest Langston Road. 14.THOMAS AVENUE SOUTHWEST (84TH AVENUE SOUTH): That portion of the Southwest quarter of the Northwest quarter of Section 18,Township 23 North,Range 4 East,W.M.,in said county;said pipe centerline beginning on the North margin of Southwest Langston Road,approximately 19 feet East of the centerline of Thomas Avenue Southwest;thence North along the centerline of said pipe 73 feet,terminating on the South margin of the City of Seattle Cedar River Pipeline Right-of-Way. The hereinabove described centerlines have a total length of 7,315 feet;said pipe centerline is also known as the Olympic Pipe Line Company Renton Junction to Harbor Island Products Pipe Line,shown on alignment sheet drawings S-102·1 through S-102-2. SUMMARY OF PIPELINE CENTERLINE LENGTHS: Ferndale to Portland Products Pipeline (18 inch O.D.)11,410 lineal feet Allen Station to Renton Products Pipeline (20 inch O.D.)8,060 lineal feet Renton Junction to Harbor Island Products Pipeline (12.75 inch 0.0.)7,315 lineal feet TOTAL 26,785 lineal feet Olympic Pipeline Company Ordinance Page 37 12113/95 EXlllBIT B INSURANCE AND RELATED REQUIREMENTS MINIMUM INSURANCE COVERAGES AND REQUIREMENTS The GRANTEE shall secure and maintain the minimum insurance set forth below.By requiring such minimum insurance,the CITY shall not be deemed or construed to have assessed the risks that may be applicable to the GRANTEE under this franchise.The GRANTEE shall assess its own risks and if it deems appropriate andlor prudent,maintain higher limits and/or broader coverages. Coverages (1)Commercial General Liability -ISO Fonn CGOOQl (Ed.1093)-or equivalent. Coverage to include: •Premises and Operations •Explosion,Collapse and Underground Hazards •Products/Completed Operations •Contractual Liability (including ISO Form CG0043 -Contractual Defense Endorsement) •Broad Form Property Damage •Independent Contractors •Personal!Advertising Injury •Stop Gap Liability (See Note below) (2)Automobile Liability ISO Fonn CAOOOI (Ed.1293)or equivalent,including all: •Owned Vehicles •Non-Owned Vehicles •Hired Vehicles (3)Worker's Compensation •Coverage A and Coverage B.Must show Washington Labor &Industries Number (See note below) (4)Umbrella Liability: •An Umbrella Liability policy (also referred to as Excess Umbrella Liability)may be used to provide additional Commercial General Liability and Automobile Liability insurance to meet the minimum coverage requirements.When Excess Umbrella Liability is used,coverage shall be as broad as the primary coverage. (5)Pollution Liability: •This coverage is to include sudden and gradual coverage for third party liability including deferu;e costs and completed operations. Olympic Pipeline Company Ordinance 12/13/95 EXHIBIT B INSURANCE AND RELATED REQUIREMENTS (con'.) NOTE:Employer's Liability insurance may be provided by a Stop Gap Endorsement to the Commercial General Liability coverage. Minimum Required Limits The GRANTEE shall carry at least the following limits of liability as required below: Commercial General Liability General Aggregate Products/Completed Operations Aggregate Each Occurrence Limit Personal/Advertising Injury Fire Damage (Any One Fire) Medical Payments (Any One Person) Stop Gap Liability Automobile Liability Bodily InjurylProperty Damage (Each Accident) Worker's Compensation $ $ $ $ $ $ $ $ 2,000,000 2,000,000 1,000,000 1,000,000 50,000 5,000 1,000,000 1,000,000 Workers Compensation (Coverage A) (Show Washington Labor &Industries Number) Employer's Liability (Coverage B) Umbrella Liability Statutory requirements $1,000,000 Each Occurrence Limit General Aggregate Limit Products/Completed Operations Aggregate Pollution Liability Per Loss Aggregate Olympic Pipeline Company Ordinance $ $ $ $ $ 10,000,000 10,000,000 10,000,000 10,000,000 10,000,000 12/13195 EXHIBITB INSURANCE AND RELATED REQUIREMENTS (con'.) Related Requirements The GRANTEE'S insurer(s)shall name the CITY,and its officials,agents,employees and volunteers as Additional Insureds (ISO Form CO 2010 or equivalent)on automobile and commercial general liability (and Excess Umbrella Liability.if applicable)insurance coverages for maintenance and construction work performed under this franchise. The GRANTEE shall provide the CITY with (a)Certificate(s)of Insurance (e.g.,Standard ACORD Certification Form)with a City of Renton Insurance Information Form attached within ten days of accepting this franchise agreement.The certificates are to be received and approved by the City 3IUlually for the term of the franchise.The City reserves the right to require complete,certified.copies of all required insurance policies, at any time. The Certificate of Insurance shall contain the following infonnation: •Name of insurance company(ies)and policy number(s) •Policy period •Name and address of insured •Name,address,and phone number(s)of producer of the certificate •Description of coverage(s) •Policy limits and self insured retention •Producer's authorized representative's typed name and signature •Issue date The certificate shall specify the CITY as the certificate holder as follows: Attention:DIRECTOR OF RISK MANAGEMENT CITY OF RENTON,WASHINGTON 200 MILL AVENUE SOUTH RENTON,WA 98055 Further,all policies for the insurance required by EXHIBIT B afthis franchise shall: 1)Be issued by an insurer licensed to do business in the State of Washington with a minimum AM Best Rating of A XII 2)Be written on a per occurrence basis,except where noted 3)Be on a primary basis ,not contributory with any other insurance coverages and/or self-insurance carried by the CITY 4)Include a Waiver of Subrogation Clause 5)Include a Severability of Interest Clause (Cross Liability) The insurer(s)must give a minimum of 45 days notice to the CITY of cancellation or non-renewal of policies required under this contract without qualification.An example of an acceptable cancellation statement for use on a Certificate of Insurance is as follows: Olympic Pipeline Company Ordinance 12113/95 EXHIBIT B INSURANCE AND RELATED REQUIREMENTS (con't) "Should any of the above described policies be canceled before the expiration date thereof,the issuing company will iRQSa:ver temail 45 days written notice to the certificate holder named to the left.Rut fail\ln 19 mail sy_h Reti'i gRail imP9S11 99 gbligatiQA (;If liability (;If <lAy kiall WPQA [Iii w9R:J.flaa,'i its aBil~s QF FilPFilSIUttativ8S," The GRANTEE shall keep all required coverages in full force and effect during the life of this franchise.The GRANTEE shall promptly advise the CITY in the"event any general aggregates are reduced for any reason at the City'S sole discretion,and shall reinstate the aggregate to comply with the minimum limits and requirements as stated above and shall provide the CITY with a new certificate of insurance showing such coverage is in force. Coverages for subcontractors shall be subject to all of the requirements stated herein. Olympic Pipeline Company Ordinance 12113/95 CITY OF RENTON INSURANCE INFORMATION FORM FOR:_ PROJECT NUMBER:STAFF CONTACT:_ Certificate of Insurance indicates the coverage/limits specified in contract? Are the following coverages and/or conditions in effect? The Corrunercial Gene~al Liability policy form is an ISO 1993 Occurrence Form or Equivalent? (If no,attacb a copy of Ihe policy with required coverages clearly identified.) CG 0043 Amendatory Endorsement provided?* (j Yes (j Yes DYes DYes D No D No D No DNo General Aggregate provided on a "per project basis (CG2503)?*D Yes D No Additional Insured wording provided?'" Coverage on a primary basis and non-contributing basis?* Waiver of Subrogation Clause applies?'" Severability of Interest Clause (Cross Liability)applies? Notice of Cancellation/Non-Renewal amended to 45 days?* >I<To be shown on certificate of insurance AM BEST'S RATING FOR CARRIERS: D Yes LJ Yes DYes DYes DYes D No D No D No D No D No GL,_Auto,_Umb _.PollutioD _ This Questiormaire is issued as a matter of infonnation.This questionnaire is not an insurance policy and does not amend,extend or alter the coverage afforded by the policies indicated on the attached CERTIFICATE OF INSURANCE.The CITY OF RENTON.at its option,shall obtain copies of the policies and/or specific declaration pages FROM awarded bidder/proposer prior to execution of contract. AgencylBroker Address Name of Person to Contact Completed By (Type or Print Name) Completed By (Signature) Telephone Number