4014 Water Sewer BBCC Deed Release RESOLUTION NO. 4014
A RESOLUTION TO DECLARE A PORTION OF A
WATER AMD SEWER MAIN EASEMENTS AND
PORTION OF WATER AND SEWER MAIN UTILITY
SURPLUS TO THE CITY’S NEEDS AND PROVIDE
FOR ITS DISPOSITION
RECITALS:
1.In 1967, the city received water and sewer system easements deeded from the Federal
Government via AFN 525220 and 525222 following the closure of Larson Airbase.
2.Big Bend Community College (BBCC) is located in the former Larson Airbase and is
served by the former Larson Airbase utility system.
3.BBCC is constructing site improvements that are over existing water and sewer mains and
within a utility easement.
4.RCW 35.94.040 provides that, whenever a City Council shall determine by resolution that
any lands, property, or equipment originally acquired for public utility purposes is
surplus to its needs, then such legislative authority by resolution and after a public
hearing may cause such lands, property, or equipment to be leased, sold, or conveyed.
Such resolution shall state the fair market value or consideration to be paid and such
other terms and conditions for such disposition as the legislative authority deems to be
in the best public interest. Further, that these requirements shall not apply to the
disposition of any personal property or equipment originally acquired for public utility
purposes that is surplus to the city's needs and is not required for providing continued
public utility service and has an estimated value of fifty thousand dollars or less.
5.Staff has determined that the above-referenced sewer mains is a dead-end line, it only
serves BBCC, and its fair market value is less than fifty thousand dollars. Further, staff
has determined that the portion of the utility easement containing that sewer main is
surplus to the City’s needs and should be abandoned. Accordingly, the City Council
desires to declare that portion of the sewer main and that portion of the utility easement
surplus to the City’s needs and to provide for their disposition.
6.Staff has determined that the water main is redundant and can be abandoned by proper
abandonment procedures. The redundant water main segment has been taken out of
service and the easement should be abandoned.
7.The City duly advertised a public hearing which was held on July 8, 2025, to provide
opportunity for public comment pursuant to RCW 35.94.090 for the surplus of real
property.
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RESOLVED:
1.The City of Moses Lake, Washington, declares that certain portions of watermain
easements within Big Bend Community College, found in AFN’s 525220 on the
attached Exhibit A to be surplus to the city’s needs , is not required for providing
continued public utility service, and has a fair market value less than fifty thousand
dollars. The City Council authorizes the abandonment and conveyance of the utility
easement and the transfer of that portion of the underlying sewer main to Big Bend
Community College through a bill of sale.
2.The City of Moses Lake, Washington, declares that a certain portion of a sewer main
utility easement and that section of underlying sewer main as identified on the attached
Exhibit B to be surplus to the City’s needs, is not required for providing continued
public utility service, and has a fair market value less than fifty thousand dollars. The
City Council authorizes the abandonment and conveyance of the utility easement and
the transfer of that portion of the underlying sewer main to Big Bend Community
College through a bill of sale.
Adopted by the City Council on July 8, 2025.
_______________________________
Dustin Swartz, Mayor
ATTEST:
__________________________________________
Debbie Burke, City Clerk
Document Ref: HCR5C-S8FTR-H2DEY-DMX92 Page 2 of 12
AFTER RECORDING RETURN TO: Wayne Ostler
Public Works, Engineering
City of Moses Lake PO Box 1579 Moses Lake, WA 98837
DEED OF ABANDONMENT AND
RELEASE OF DEED OF EASEMENT
This Deed of Abandonment and Release of Deed of Easement, is made between the City of Moses Lake, Washington, a noncharter code city, Grantor, and the Washington State Board for Community College Education, Grantee.
Parcel: 17-1036-000
Abbreviated Legal Description: Ptn of NE 1/4 of S.32, T20N, R28E, W.M. Recitals:
1. The City was granted the following municipal easements (“Easements”):
a. From United States of America, on June 1, 1967, on a portion of Parcels No. 17-1036-000 and others, which was recorded with the Grant County Auditor’s Office on June 30, 1967 under Auditor’s File
No. 525220:
Watermains as shown in orange on Exhibit “X” TOGETHER with a 5-foot easement on each side of existing water
mains for the construction, alteration, operation, maintenance and repair
of the water system hereby conveyed, and subject to existing encroachments.
2. Grantees are the current owners of record of the properties described above over which the Easements were granted.
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3. Grantees have requested that the City release and abandon the Easements in conjunction with their development of the properties and the City has agreed to release its interest created under the Easements in consideration of and
subject to the conditions set forth below.
4. The portion of easement to be abandoned is described in Exhibit “A” And depicted in Exhibit “B”.
NOW, THEREFORE, for and in consideration of the benefits derived and to be derived,
and other good and valuable consideration, receipt of which is hereby acknowledged, the City agrees as follows: 1. Recitals. All of the foregoing recitals are true and correct and expressly
incorporated herein by this reference.
2. Release and Abandonment of Easements. The City hereby releases, abandons, terminates and quitclaims any and all right, title, and interest in and to the Easements described above in consideration of and subject to Grantees’
dedication of replacement easements and rights of way as set forth below. .
3. Grantees’ Obligations. As a condition of and in consideration for this Release and Abandonment, the Grantees shall agree to release the City from any claims, damages, or liability that may arise due to the City’s Release and
Abandonment.
4. Recording. Upon execution, this Release and Abandonment of Easements and Rights of Way shall be recorded. This Release and Abandonment and of Easements and Rights of Way is binding upon the Grantees of the property
underlying the Easements, its successors and assigns, and runs with the
property underlying the Easements. IN WITNESS WHEREOF, this Release and Abandonment of Easements and Rights of
Way has been executed by the City on _______________, 2025.
GRANTOR CITY OF MOSES LAKE
ATTEST: By:________________________
Rob Karlinsey, City Manager
______________________________
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Debbie Burke, City Clerk
APPROVED AS TO FORM: ______________________________
Katherine Kenison, City Attorney
STATE OF WASHINGTON
COUNTY OF GRANT I certify that I know or have satisfactory evidence that Rob Karlinsey signed this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the City Manager of the City of Moses Lake to be the free and
voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: ____________________, 2025.
Type or print name Notary Public for Washington State My commission
expires______________________
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EXHIBIT “A”
LEGAL DESCRIPTION
WATER MAIN EASEMENT ABANDONMENT That portion of a City of Moses Lake water main easement, recorded in Auditor’s File Number 525220, records of Grant County Washington, located in a portion of the
Northeast 1/4 of Section 32, Township 20 North, Range 28 East, W.M., being 5.00 feet
on each side of the following described centerline as follows: Commencing at the Brass Cap Monument U.S.C & G.S. Station “SPAD”, located approximately 800 feet Northwest of the intersection of Randolph and State Route 17;
Thence N86°40’37”E, 4424.98 feet to a 3 1/2” brass cap monument in case, marked
“PLS 12491”; Thence N75°08’47”W, 1243.15 to a watermain tee; Thence S88°55’59”W along the centerline of an existing water main, 5.00 feet to the Point of Beginning;
Thence S88°55’59”W along said watermain centerline, 42.99 feet;
Thence S00°00’52”E along said watermain centerline, 17.83 feet; Thence S88°55’59”W along said watermain centerline, 149.00 feet; Thence S89°17’37”W along said watermain centerline, 264.23 feet to a point hereby designated as Point “A”;
Thence S00°52’42”E along said watermain centerline, 77.93 feet;
Thence N88°37’56”E along said watermain centerline, 117.23 feet to a Point of Terminus; Thence beginning again at Point “A”; Thence S89°17’37”W along said watermain centerline, 48.59 feet;
Thence N01°09’02”W along said watermain centerline, 33.37 feet to a point hereby
designated as Point “B”; Thence N00°12’46”W along said watermain centerline, 62.29 feet; Thence N88°36’55”E along said watermain centerline, 42.78 feet to a Point of Terminus;
Thence beginning again at Point “B”;
Thence S89°21’10”W along said watermain centerline, 211.56 to the Point of Terminus of said line, being S89°21’10”W, 5.00 feet distant from a watermain tee. The above described line is based on the best available records, evidence, utility locate,
and survey field-tied locations of existing visible water main infrastructure.
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EXHIBIT “A”
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AFTER RECORDING RETURN TO: Wayne Ostler
Public Works, Engineering
City of Moses Lake PO Box 1579 Moses Lake, WA 98837
DEED OF ABANDONMENT AND
RELEASE OF DEED OF EASEMENT
This Deed of Abandonment and Release of Deed of Easement, is made between the City of Moses Lake, Washington, a noncharter code city, Grantor, and the Public, Grantee.
Parcel: 17-1036-000
Abbreviated Legal Description: Ptn of NE 1/4 of S.32, T20N, R28E, W.M. Recitals:
1. The City was granted the following municipal easements (“Easements”):
a. From United States of America, on May 31, 1967, on a portion of Parcels No. 17-1036-000 and others, which was recorded with the Grant County Auditor’s Office on June 30, 1967 under Auditor’s File
No. 525222:
Sewer lines as shown in orange on Exhibit “X” TOGETHER with a 10 foot easement on each side of existing sewer
lines for the construction, alteration, operation, maintenance and repair
of the water system hereby conveyed, and subject to existing encroachments.
2. Grantees are the current owners of record of the properties described above over which the Easements were granted.
Document Ref: HCR5C-S8FTR-H2DEY-DMX92 Page 8 of 12
3. Grantees have requested that the City release and abandon the Easements inconjunction with their development of the properties and the City has agreed torelease its interest created under the Easements in consideration of and
subject to the conditions set forth below.
4. The portion of easement to be abandoned is described in Exhibit “A” Anddepicted in Exhibit “B”.
NOW, THEREFORE, for and in consideration of the benefits derived and to be derived,
and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor agrees as follows:
1.Recitals. All of the foregoing recitals are true and correct and expressly
incorporated herein by this reference.
2. Release and Abandonment of Easements. The Grantor hereby releases, abandons, terminates and quitclaims any and all right, title, and interest in and to the Easements described above in consideration of and subject to Grantees’
release of liability as set forth below. .
3. Grantees’ Obligations. As a condition of and in consideration for this Release and Abandonment, the Grantees shall agree to release the Grantor from any claims, damages, or liability that may arise due to the Grantor’s Release and
Abandonment.
4.Recording. Upon execution, this Release and Abandonment of Easements andRights of Way shall be recorded. This Release and Abandonment and ofEasements and Rights of Way is binding upon the Grantees of the property
underlying the Easements, its successors and assigns, and runs with the
property underlying the Easements.
IN WITNESS WHEREOF, this Release and Abandonment of Easements and Rights of
Way has been executed by the City on _______________, 2025.
GRANTOR CITY OF MOSES LAKE
ATTEST: By:________________________
Rob Karlinsey, City Manager
______________________________
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Debbie Burke, City Clerk
APPROVED AS TO FORM:
______________________________
Katherine Kenison, City Attorney
STATE OF WASHINGTON
COUNTY OF GRANT
I certify that I know or have satisfactory evidence that Rob Karlinsey signed this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the City Manager of the City of Moses Lake to be the free and
voluntary act of such party for the uses and purposes mentioned in this instrument.
DATED: ____________________, 2025.
Type or print name Notary Public for Washington State My commission
expires______________________
Document Ref: HCR5C-S8FTR-H2DEY-DMX92 Page 10 of 12
EXHIBIT “B”
LEGAL DESCRIPTION
SEWER MAIN EASEMENT ABANDONMENT
That portion of a City of Moses Lake sewer easement, recorded in Auditor’s File Number 525222, records of Grant County Washington, located in a portion of the
Northeast 1/4 of Section 32, Township 20 North, Range 28 East, W.M., being 10.00 feet
on each side of the following described centerline as follows:
Commencing at the Brass Cap Monument U.S.C & G.S. Station “SPAD”, located approximately 800 feet Northwest of the intersection of Randolph and State Route 17;
Thence N86°40’37”E, 4424.98 feet to a 3 1/2” brass cap monument in case, marked
“PLS 12491”; Thence N76°06’32”W, 1201.73 feet to the center of a sewer manhole; Thence S88°55’59”W along the centerline of an existing gravity sewer main, 10.00 feet to the Point of Beginning;
Thence continuing S88°55’59”W along the centerline of said existing gravity sewer
main, 221.71 feet to the center of a sewer manhole; Thence S89°17’37”W, along the centerline of said existing gravity sewer main, 279.20 feet to the center of a sewer manhole; Thence S88°48’16”W along the centerline of said existing gravity sewer main, 160.41
feet to the center of a sewer manhole;
Thence N48°12’19”W along the centerline of said existing gravity sewer main, 222.55 feet to the center of a sewer manhole; Thence continuing N48°12’19”W, 10.00 feet to the point of terminus of said line.
The above described line is based on the best available records & evidence, and survey
field-tied locations of existing visible sewer main infrastructure.
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EXHIBIT “B”
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REF. NUMBER
HCR5C-S8FTR-H2DEY-DMX92
DOCUMENT COMPLETED BY ALL PARTIES ON
10 JUL 2025 17:48:32 UTC
SIGNER TIMESTAMP SIGNATURE
MAYOR DUSTIN SWARTZ
EMAIL
DSWARTZ@CITYOFML.COM
SENT
09 JUL 2025 16:44:59 UTC
VIEWED
09 JUL 2025 16:46:09 UTC
SIGNED
09 JUL 2025 16:52:41 UTC
IP ADDRESS74.82.240.250
LOCATION
MOSES LAKE, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
09 JUL 2025 16:46:09 UTC
DEBBIE BURKE
EMAIL
DBURKE@CITYOFML.COM
SENT09 JUL 2025 16:44:59 UTC
VIEWED
10 JUL 2025 17:48:22 UTC
SIGNED
10 JUL 2025 17:48:32 UTC
IP ADDRESS
63.135.54.162
LOCATION
MOSES LAKE, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
10 JUL 2025 17:48:22 UTC
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