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3680RESOLUTION NO. 3680 A RESOLUTION AUTHORIZING THE CITY MANAGER TO GRANT AN EASEMENT TO PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY RECITALS: 1. Public Utility District No. 2 of Grant County has requested an easement. 2. The easement is to construct, reconstruct, operate, patrol, maintain and remove overhead and/or underground electrical distribution lines. RESOLVED: 1. The City Manager is authorized to execute an easement for the following described property: Lot 1, Moses Lake Police Firing Range Plat Parcel #12-0682-301 The easement area and right of way hereby granted covers a 1 O foot strip of land, lying over, under and across the above described land , the exact location of which is 5 feet on each side of a centerline which is currently staked on Grantor's property. Grantee shall have the right at all times of ingress to and egress from the easement area across adjacent lands of Granter for the purpose of exercising any of its rights. Granter shall have the right to use the easement area for purposes not inconsistent with Grantee's full enjoyment of the authority and rights hereby granted. Such determination shall be made solely by the Grantee. The Granters for themselves and their successors, assigns, lessees and licensees, hereby covenant and agree that they shall not place, construct or maintain any buildings, structures or other improvements within the easement area; they shall not reduce or enlarge the clearance between the ground and any electric distribution lines or communication lines or facilities within the easement area; and they shall not do or perm it any other act that will damage or endanger the Grantee's electrical or communication lines, facilities, or other property. The Grantee shall have the right to level, grade or regrade the easement area as may be necessary forthe purpose of constructing, reconstructing, patrolling , maintaining and operating said electrical lines and communication lines and facilities. The Grantee shall have the right at any time to clear the easement area and keep the same clear of brush, trees, timber, structures, improvements, and all fire hazards, together with the right to remove dangerous trees, if any, located beyond the limits of said easement areas, which by falling would endanger said electrical lines or communication lines or facilities; however, it is understood and agreed that all said brush, trees, timber, structures and improvements, other than those structures constructed by the Grantee, are Grantor's property and are there at the risk of Granter, and Granter is responsible for any damages caused thereby. Grantor's covenants shall run with the above-described lands and be binding upon Grantor's successors and assigns. All of the authority and rights of Grantee as herein provided shall inure to the benefit of Grantee's successors and assigns. Adopted by the City Council on June 27, 2017.