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HomeMy WebLinkAbout5030Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 503Q SUQUAMISH TRIBE 0&M of Hatchery Area on Gorst Creek Econ Devel LEG 12-1 6/2/2011 5/31/2021 1/1/2021 Comments : LEASE AGREEMENT THIS LEASE AGREEMENT (heremafter "Lease") is between the City of Bremerton, a municipal corporation of the State of Waslungton, with offices located at 345 6th Street, Suite 600, Bremerton, Waslungton 98337 (hereinafter "Criy"), and the Suquamish Tnbe, a federally recogmzed Indian Tnbe, (hereinafter "Tnbe"), (collectively referred to as "the Parties") and is entered into on this a��, day of�v,,�c�,� , 2011 The mtent of this Lease is to enable the maintenance and operation of a salmon reanng facility, herein referred to as the "Hatchery Area" and is further descnbed wrtlun the text and attachments to this Lease RECITALS WHEREAS, the City now owns certam land legally descnbed m Exhibit A, and WHEREAS, rt is the parties' desire to enter mto a 10-year lease, and WHEREAS, the Parties acknowledge the shared benefits of the continued maintenance and operation of the Hatchery Area on Gorst Creek on City of Bremerton property The Hatchery Area has been m operation since 1986 and contmues to provide salmon fislung opportunrties for constituents of the parties, and WHEREAS, the City owns the land wluch the Hatchery Area is built upon and affords access to Gorst creek for salmon reanng purposes Gorst Creek is currently a source for mumcipal water supply purposes The City holds five water nghts, (Gl — 22050C, G1 — 22551C, G1 — 22606C, Gl — 22644C, and G1 — 22674C) (heremafter the "water nghts"), and WHEREAS, the Crty has filed applications for change of these water nghts and those applications are pending at the Department of Ecology (DOE) and the parties anticipate that the DOE will decide the outcome of those applications durmg the term of this lease NOW, THEREFORE, the Parties agree as follows AGREEMENT 1. PROPERTY. 1 1 Property Defined The City leases to the Tnbe and the Tribe leases from the City the real property reflected m ExhibitA, attached hereto and mcorporated herem by tlus reference, together with all the nghts of the City, if any, to improvements on and easements benefiting the Hatchery Area but sub�ect to the exceptions and restrictions set forth m tlus Lease 1 2 Surve�ps, and Plans The Tnbe is not relymg upon and the Crty is not makmg any representations about any survey, plat, diagram, and/or legal descnption provided by the City ' � Lease Agreement - 1 (Behveen Gty of Bremerton and the Suquamrsh Trrbe) 1 3 Inspection The City makes no representation regarding the condrtion of the Faciliiy, or the improvements located on the Hatchery Area 2. DEFINTIONS. For the purpose of the Lease, and the interpretation and enforcement thereof, the followmg words and phrases shall have the followmg meanings "Hatchery area" is that portion of the City property ad�acent to Jarstad Park that mcludes water supply, two reazmg ponds and raceways along with associated pipe lmes, diversions, dramage structures and support facilrties which are more fully identified m Exhibrt A m this lease Said facilrties are for egg incubation, rearmg of fry, and collection of returnmg adult fish "Hatchery worker" means and mcludes every member, employee or volunteer of the Suquamish Indian Tnbe, or other outside organization that accesses the hatchery area or other City property for the purposes of delivenng people, matenals or equipment to the hatchery facilrties or managmg or operatmg the hatchery facilrties "Jarstad Park" is the public park facilrties, and "Forestry Office Compound", both owned by the City, which are ad�acent to and surround the hatchery area as shown on E}chibrt A "The Tribe" means and includes every member, employee, contractor, agent or volunteer of the Suquamish Indian Tribe that accesses the Hatchery Area or other Crty property for the purpose of delivenng people, matenals or equipment to the hatchery facilities or managmg or operatmg the Hatchery Area 3. USE. 3 1 Permitted Use The relationship established under tlus Lease is for the contmued operation and maintenance of a salmon incubation and rearmg hatchery wluch is composed of raceways, hatchery support structures, rearmg ponds and other facilrties located wrthin the Lease area as shown on Exhibrt A and incorporated herem by reference The Parties agree that the sole permitted use for Hatchery Area is for the mcubation, reanng and collection of returnmg adult salmon unless the Parties enter into a wntten amendment to this Lease Ttus Lease shall not be construed as the Crty's waiver of land use or building code provisions that would otherwise apply to any improvements or uses of the srte 3 2 Restnctions on Use The Tnbe shall not cause or permit any damage to natural resources on or ad�acent to the Hatchery Area, includmg but not limited to allowmg any fillmg activity to occur on the Hatchery Area without required permits Tlus requirement may pertam to moving deposits of rock, earth, ballast, refuse, garbage, waste matter (mcludmg chemical, biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter m or on the Hatchery Area, except as is permitted herem and performed m the ordmary course of the busmess and except as otherwise approved m writmg by the City. If the Tnbe fails to comply wrth all or any of the restnctions on the use of the Hatchery Area set out m this Subsection 3 2, the City sha11 notify the Tnbe and provide a reasonable deadlme to take all steps necessary to remedy the failure If the Tnbe fails to do so in a timely manner, then the City may Lease Agreement - 2 (Behveen C�ty of Bremerton and the Suquamrsh Trrbe) take any steps reasonably necessary as determined by the City, to remedy this failure Upon demand by the Crty, the Tnbe shall pay all costs of such remedial action, mcluding but not limited to the costs of removing and disposmg of any matenal deposrted improperly on the Hatchery Area This section shall not in any way limit the Tnbe's liabilrty under Section 13, below The covenants contained in Section 3 2 shall survive expiration or ternunation of this Lease 3 3 Conformance with Laws The Tnbe shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, cerhficates, regulations, ordinances, statutes, and other government rules and regulations regardmg its use or occupancy of the Hatchery Area 3 4 Liens and Encumbrances The Tribe shall keep the Hatchery Area free and clear of any liens and encumbrances arising out of or relating to rts use or occupancy of the Hatchery Area 3 5 Authonzed Entrv The Tnbe shall provide the City with a hst af all authorized individuals who will have access to the hatchery area Notification af changes ta the list shall be provided to the Crty by telephone or fax to the City's pomt of contact ident�fied m Section l9. 4. TERM AND LEASE PAYMENT. 4 1 The Criy hereby leases to the Tnbe the land legally descnbed m Exhibit A, attached to this Lease and mcorporated by reference, for the sum of One Dollar ($1 00) This lease shall be for a penod of ten (10) years begmmng on the lst day of June, 2011 (the "Commencement Date"), and endmg on the 31 st day of May, 2021 (the "Termination Date") This Lease may be extended or renewed by mutual consent of all the parties 4 2 Access: The City sha11 pravide far access ta the hatchery area via the Forestry Office Compaund and Jarstad Park as shown m Exhibit A. The aecess gates will be kept locked at ati times The Tribe sha11 supply its own lacks far the gates associated with this access, and shalt provtde the City with a minimum af 4-keys and/or combmations 4 3 Permitting. The Tnbe shall be solely responsibie ta secure ali necessary local, state and federal permits necessary for the operation and maintenance of the Gorst Creek fish hatchery 4 4 Water Rights. The Parties intend that operation of the Hatchery Area will not adversely affect the qualrty or quantrty of the City's water supply, nor will rt otherwise mterfere with water utilrty operations The City holds five water rights as identifieci eazlier for non- consumprive and consumptive water use within the Gorst Watershed arismg from the anginal Domsea Farms, Inc fish hatchery operation certtficate (1974). Once DOE approves the pend2ng change apphcations and the City's mumcipal use of these nghts, the City authorizes the Tnbe to utilize the water rights for fish incubationfrearing purposes at the Hatchery Area consistent wrth the non-consumptive and consumptive limits of the water nghts. In the event that future Lease Agreement - 3 (Behveen Crty oJBremerton and the Suquam�sh Trrbe) consumptive water needs of the Hatchery Area compete with needs of the City's murucipal water demand, the Crty's need for murucipal water use shall have pnonty over the Tnbe's consumptive water use at the Hatchery Area The Crty will prov�de the Tnbe wntten notice of the City's planned curtailment of the Tnbe's diversion of water pursuant to the water nghts In usmg the water nghts, the Tnbe shall meter diversions, comply with other terms and condrtions of tlus Lease as well as use the water nghts as authonzed by the DOE 4 4 Right to Terminate Early (a) If the parties agree to extend the lease under section 4 1, the parties shall have the following additional rights under this Lease The Tnbe shall have the nght to terminate the Lease at any time dunng the Lease term upon givmg the City one year pnor written notice of termination If the Crty determmes that the Hatchery Area is needed for Utility or other Cdy purposes, the City may terminate the lease, wrthout cost or penalties, at any time dunng the additional lease term upon giving the Tribe one year pnor written notice of the date of termmation (b) In the event the Crty needs to obtam access to the Hatchery Area during the notice penod, the Tnbe will cooperate with the City to allow access that does not unreasonably mterfere wrth Tnbe's use of the Hatchery Area 4 4 End of Term Upon the expiration or termmation of the Term, as applicable, the Tribe shall surrender the Hatchery Area to the City m the same or better condition as existed on the commencement date of the Lease, reasonable wear and tear excepted 4 5 Hold Over If the Tnbe remams m possession of the Hatchery Area after the termmation date, the occupancy shall not constitute an extension or renewal of the term The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be termmated by erther party on tlurty (30) days written notice 5. RESPONSIBILITIES. 5.1 The Tnbe shall be responsibie for operation and mamtenance of the Hatehery Area and all cost associated therewrth for the length af this Lease. 6. FACILITY MODIFICATIONS AND GROUNDS MAINTENANCE. The Crty shall have the opporturuty to review and approve or deny any Hatchery Area modifications recommended by the Tnbe The City shall not unreasonably withhold its approval of modifications The grounds and faciliTy rtself witlun the Hatchery Area shall be mamtamed m a manner satisfactory to the City at the Tribes sole expense No debns shall be allowed to accumulate on the site 7. OTHER EXPENSES. Dunng the Term, the Tribe shall pay the following additional expenses Lease Agreement - 4 (Behveen Crty of Bremerton and the Suquamrsh Trrbe) 7 1 Utilities The Tnbe shall pay all fees charged for utilrties in connection with the use and occupancy of the Hatchery Area, mcluding but not liriuted to electncity, stormwater, water, gas, gazbage and telephone service 7 2 Taxes and Assessments The Tnbe shall pay all taxes, assessments, and all other governmental charges, of any kind whatsoever, applicable or attnbutable to the Hatchery Area 7 3 Right to Contest. The Tnbe may, m good faith, contest through any established appeal process or similar procedure any tax or assessment at rts sole cost and expense 8. IMPROVEMENTS. 8 1 Lessee-Owned Improvements So long as this Lease remains m effect, the Tnbe shall retam ownership of all existmg improvements and all authonzed improvements and trade fixtures it may place on the Hatchery Area ("Tnbe-Owned Improvements") Tnbe-Owned Improvements shall not include any construction, reconstruction, alteration, or addrtion to the Hatchery Area by the City ("City-Owned Improvements") or any unauthonzed improvements 8 2 Construction Pnor to the Tnbe commencing any construction, alteration, replacemen�, removal or ma�or repair of any improvements (whether City-Owned or Tnbe- Owned), The Tnbe shall submrt to the Crty plans and specifications wluch descnbe the proposed activity Construchon shall not commence until the City has approved those plans The Crty shall have thirty (30) days m wluch to review the proposed plans and specifications The plans and specifications shall be deemed approved and the requirement for the Crty's wntten consent sha11 be treated as waived, unless the City notifies the Tnbe otherwise wrtlun the tlurty (30) days The Crty's consent and approval shall not be required for any routme mamtenance or repair of improvements made by the Tnbe pursuant to its obligation to mamtam the Hatchery Area m good order and repair that does not result in the construction, alteration, replacement, removal, or ma�or repair of any improvements on the Hatchery Area 9. INSURANCE. The Tribe shall, as a condrtion of the Lease, secure and mamtain the following liabilrty msurance policies msunng the Tnbe and the City, agamst claims for m�uries to persons or damages to the Hatchery Area which may anse from or in connection with the exercise of the rights, privileges, and authonty granted to the Tnbe 9 1 Comprehensive general liability msurance, wntten on an occurrence basis, with limits not less than (a) $2,000,000 00 for bodily m�ury or death to each person, (b) $2,000,000 00 for property damage resulting from any one accident, and (c) $2,000,000 00 for all other types of liability 9 2 Automobile liab�lrty for owned, non-owned and hired velucles with a limrt of $2,000,000 00 for each person and $2,000,000 00 for each accident, Lease Agreement - 5 (Between Crry of Bremerton and the Suquamrsh Tr�be) 9 3 Worker's compensation withm statutory limits and employer's liabilrty msurance wrth limrts of not less than $2,000,000 00, 9 4 Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $2,000,000 00, 9 5 The liabilrty msurance policies required by this Section shall be mamtamed by the Tnbe throughout the term of the Lease, and such other penod of time dunng which the Tnbe is operatmg without a Lease hereunder, or is engaged m the removal of rts facilities 9 6 Wrthm thirty (30) days after receipt by the Crty of said notice, and m no event later than fifteen (15) days pnor to said cancellation or intent not to renew, the Tnbe shall obtain and furmsh to the City replacement msurance policies meeting the requirements of ttus Section 10. MAINTENANCE AND REPAIR. 10 1 The Crtv's Repau�s The Crty shall not be required to make any alterations, mamtenance, replacements, or repairs in, on, or about the Hatchery Area, or any part thereof, durmg the term of this Lease 11. ENTRY BY THE CITY. The City shall have the nght to enter the Hatchery Area at any reasonable hour to mspect for compliance with the terms of tlus Lease upon twenty-four (24) hours notice 12. NOTICE. Any notices required or permitted under tlus Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the followmg addresses or to such other places as the parties may direct m wntmg from time to time The City City of Bremerton Attn Director of Public Works & Utilrties 345 6� Street, Suite 600 Bremerton, Washmgton 98337 The Tnbe The Suquamish Tnbe Attn Rob Purser, Fisheries Director P O Box 498 Suquamish, WA 98392 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile maclune, or three (3) days after bemg mailed as set forth above, wluchever is applicable Lease Agreement - 6 (Behveen Crry of Bremerton and the Suguam�sh Tr�beJ 13. MISCELLANEOUS. 13 1 Entire Lease Tlus Lease, mcludmg the exhibits and addenda, if any, contains the entire Lease of the parties All pnor and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are merged mto this Lease 13 2 Applicable Law and Venue This Lease shall be interpreted by the laws of the State of Washington and by the laws of the Unrted States, where applicable 13 3 Dispute Resolution. This para.graph shall govern the resolution of all disputes arising from the implementation of this Lease The parties intend to resolve their disputes through direct discussion and, if such is not possible, then through the dispute resolution framework established below All stated time frames for resolvmg disputes may be lengthened by mutual consent. a Direct Discussions To mrtiate dispute resolution under tlus subsection, the complainmg party shall first provide notice by submittmg a written complaint letter to the representative of the party (as identified in this Lease) against whom the dispute is lodged, statmg the nature of the dispute, the requested resolution, and the factual basis supportmg the requested resolution The responding party shall, witlun then (10) busmess days of receivmg the complamt letter, provide a written response, statmg its agreement or disagreement with the nature of the dispute and the requested resolution If the respondmg party disagrees with the complaint or the proposed resolution, the wntten response must provide at least one alternative resolution and the factual basis supportmg such resolution(s) Thereafter, the representatives of each party will, for fifteen (15) busmess days, make a good farth attempt to resolve the dispute through one or more direct discussions If no mutually acceptable resolution is reached, the lead representatives will prepare a�omt statement wrthin five busmess days, wluch mcludes a chronology, a synopsis of the discussions that took place and the last stated posrtion of each party b Mediation If direct discussions between the parties fail to resolve the dispute, any participating party may, wrthin five busmess days of completing the direct discussion process, make written request for mediation to be conducted at a place mutually agreeable to in wnting by the Parties If the Parties agree to engage m mediation, the Parties shall seek a mutually acceptable mediator and shall agree to a mutuallx acceptable mediation protocol Enforcement of a mediation agreement reached shall be the same as enforcement as an arbitration decision as set forth herem. If a party ob�ects to proceedmg wrth mediation, then mediation may be bypassed, and the dispute resolved pursuant to arbrtration as set forth herem Lease Agreement - 7 (Benveen Crty of Bremerton and the Suquamrsh Trrbe) c Bmdmg Arbitration Should direct discussions prove unsuccessful in resolvmg the dispute, and either mediation is not requested or is bypassed, or is also unsuccessful, either the complaining or respondmg parly may make a written demand for arbitration before a three person panel Each party may select one person to sit on the panel and third person shall be mutually agreed upon The parties shall mutual� agree to the arbitration protocol Any arbitrator selected must have a fundamental knowledge of and at least five (5) years' legal expenence worlcmg with contract law and worlcing knowledge of Indian law and federal law The arbrtrators shall have the power to establish a schedule for the hearmg which hearmg shall be hmrted to no more than two consecutive busmess days to be equally divided between the Parties, includmg prelimmary discovery to the extent he or she deems necessary and property under the conduct of the hearmg, and to conduct the hearmg and admiruster oaths and affirmations The arbitrators' decision shall be accomparued by an explanation as to the basis for the award Each pariy will pay for its own attorneys' fees All arbrtration awards shall be bmding upon the Parties and non-appealable Relief may mclude temporary, m�unctive, or other provisional remedies, along wrth all other remedies available m equrty or at law, except as expressly limited m this Lease d Enforcement of Arbitration Award Upon the issuance of an arbitration award or mediahon agreement, the prevailmg parly may seek the entry of�udgment upon the award in any court of competent Jurisdiction The court of competent jurisdiction shall enforce the decision of the arbrtrator and shall not modify, correct, alter or vacate said decision m any way unless the court finds after notice and heanng upon application of a party to the arbrtration, one or more of the following (1) the arbrtration decision was procured by corruption, fraud, or undue means, (2) there was evident corruption m the arbitrator, or (3) the arbrtrator was found g2ulty of the specific misconduct of refusing to hear evidence pertment and matenal to the controversy which pre�udiced the nghts of a party No court shall have �unsdiction to mterfere m any with any pendmg arbitration No party may seek from such court any provisional remedy pending appomtment of the arbrtrator or the arbitrator's rendrtion of the award if the court vacates the arbrtration decision, then the court shall direct a reheanng either before the same arbrtrator or before a new arbitrator to be chosen in the manner provided in this section e Limited Waiver of Sovereign Immurut,y bv the Tnbe Except for the limrted waiver of sovereign immumty provided m this Dispute Resolution subsection, notlung in this Lease sha11 be construed as a general or specific waiver of the Tnbe's sovere�gn immumty, which immuYUties are expressly asserted. The Tnbe hereby grants to the City a limited waiver of sovereign immwvty solely for the purpose of dispute Lease Agreement - 8 (Behveen Ciry of Bremerton and the Suquamish TnbeJ resoluhan provided in this Lease and such waiver shall not be extended to any other person, agency or enhty ("Limrted Waiver") The Ltmrted Waiver applies to contractual claims ansing under this Lease at�d does not apply to any non-contractual claims or to cla�ms under any other agreement between the Part�es Furthermore, nothmg contamed in this Lunrted Waiver shall be construed to create a contractual relationship with or a cause of achon in favor of any tlurd party against the Tnbe. This Llmited Waiver apphes only to the enfom,ement of a med�at�on ageement or azbitration award against the Tnbe, provided such med�ation agreement or arbrtrahon award has been secured in accordance w�th this Lease. f No Requ�rement of Exhaushon of Tnbal Court Remedies. The Parhes acknowiedge that under the Lunited Walver provide for herein, the assumption of jurisdiction by any arbitrator or court of competent �urisdiction shall not be delayed or curtatled by any doctnne requu�ng exhaust�on of Triba1 court remedies. � No Consent to State Court For Anv Purpose. The Tnbe expressly states and the City understands and acknowledges that the Tnbe does not cansent to the �unsdict�on of the Supenor Court of the State of Washmgton or any other state court for any purpose except �f necessary to enforce an arbrtra.hon or mediat�on award 13 3 Modificat�on Any modification of this Lease must be in writing and signed by the Parhes The Crty shall not be bound by any oral representat�ons or statements. 13 4 Survival of Covenants The covenants contamed herem survrve the termmahon or exp�ration of the Lease for the applicable statute of hmitation penods. THIS AGREEMENT requ�res the signature of all parhes and is execuEed as of the date of the last s�gnature below CITY OF BREMERTON /`-' ��!x� i � By Pa y Len / Its Ma or Date: � '" 0 Z �� � Lease Agreement - 9 (Between Crry of Bremerlon and the Suqaarn�sh Tnbe) SUQUAMISH 8y. Leonazd Forsman � Its: Chai an Date• rj �T�-dj/ APPROVED AS TO F(�RM. Ro er A Lubovich, C�ty A y APPR4VED AS TO FORM: M lody A n, Attorney for the Suquamish Tnbe *Notarces on Next Page * Lease Agreement - 10 (Between Crty of Bremerton and the Suquamrsh Tr1be) STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) I certify that I know or have sahsfactory evidence that Patty Lent is the person who appeared before me, and acknowledged that he s�gned ttus instrument, on oath stated that he was authonzed to execute the mstrument, and acknowledged it as Mayor of the C�ty of Bremerton to be the free and voluntary act of such City for the uses and purposes menhoned m the instrument hand and seal this � day of �u�� 20� , P� M � �c�` ,..., '� � �' �:��OTAR�'?O ..u,� � �-. . '. � � . ��9�,° 9• 15-'��' •.. ... �� 1�A9N�� .� STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) � � O PUBLIC in for the State of Waslungton, residmg at My commission exp�res0°�/1S 1�1 I certify that I know or have satisfactory evidence that I.eonard Forsman is the person who appeazed before me, and acknowledged that (s)he signed tlus instrument, on oath stated that (s)he was authonzed to execute the mstrument, and acknowledged rt as the Chairman of the Suquamish Tnbe to be the free and voluntary act of such Tnbe for the uses and purposes ment�orted in the mstrument � WTTNESSETH my hand and seal th�s � day of rn 20l/ ��iy��N\\\11111 i;7 � � � N) �� _�� G ����� �'' ���/��' _ � ,r / : � ; 2�� ARy �; s � s � _.- ; � , , , ; %�''�� �,� � ag �� ��t ��i�� `r` amrnceslPUBLIC W0�3916��t�.cme re Salronn Reermg doc w� ( �� NOTARY PUBI, C m and the State f �� Waslungton, residmg at My commission expires / / �!/ Lease Agreement - l 1 (Aetween Gty of Brernerton and the Suquamrsh TrlbeJ n �� EXHIBITA GORST CREEK SALMON REARING FACILITY PROPERTY Beginning at the 1/4 corner common to Sections 31 and 32, Township 24 North, Range 1 East, Willamette Meridian; thence N.94�12'46"E. 1812.54 ft to an existir�g fence corner on what is commonly known as the City of Bzemerton Gorst Creek Pumping Plant Property and the True Point of Beginning; thence along an existing fence line N.40°30'16"E. 71.18 ft to a fence corner; thence N.16°42'20"E. " 33.79 ft to a fence corner; thence S.72o38'26"W. 33.06 ft to a point on the north side of the City of Bremerton's access road; thence along the north side of said road N.80�36'12"W. 97.61 ft; thence along the north side of said road N.85�55'19"W. 208.33 ft; thence N.14 150.00 ft; thence N.95 127.00 ft to a point on the southerly right-of-way of the U.S. Navy Railroad (Bremerton Branch); thence along said right-of-way N.84 150.10 ft; thence S.45°55'19"E. 210.76 ft; thence S.14�04'41"W. 100.00 ft to a point on the north side of the City of Bremerton's access road; thence along the north side of said road S.82�03'24"W, 251.67 ft; thence along the west side of the City of Bremerton°s access road S.28 135.80 ft; thence S.61 40 ft more or less to the thread of Gorst Creek; thence downstream along the thread of Gorst Creek to a point which lies N.52 1701.99 ft from the 1/4 corner common to Sections 31 and 32 of Township 24 North, Range 1 East, Willamette Meridian; thence N.33°32'03"E 150 ft more or less to an exlsting fence corner; thence N.50 224.53 ft along an existing fence line to the True Point of Beginning.