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3503u u u RESOLUTION NO.3503 A RESOLUTION ACCEPTING AN EASEMENT TO THE CITY OF MOSES LAKE FROM THE ESTATE OF JOAN NICHOLS Recitals: 1.ResolutionNo.238 providesall grants ofreal estate,or any interesttherein,to the City of Moses Lake, shall not be accepted until a resolution has been duly passed by the City Council. 2. The Estate ofJoan Nichols has presented an easementto the City ofMoses Lake. Resolved: 1.Easements for municipal purposes and uses for the following described property is hereby accepted by the City ofMoses Lake: For and in consideration of the benefits derived and to be derived byGrantor herein, and other good and valuable consideration,receipt whereof is hereby acknowledged,Grantor,THE ESTATE OF JOAN A. NICHOLS (hereinafter "Grantor"),hereby gives, grants,conveys and warrants to Grantee,the CITY OF MOSES LAKE in Grant County,Washington,a Washington municipal corporation, its successors and assigns,a perpetual, permanent, nonexclusive easement on, under, over, through and across the property described below and shown in "Exhibit A",attached hereto and bythis reference incorporated herein, for municipal purposes: That portion of Tract 5,Park Orchard Tracts,withina parcel described in an Executor's Deed found inAuditor's File Number (AFN)921112084,records of Grant County, Washington, and withinthe Northeast quarter of Section 15,Township 19 North,Range 28 East,W.M.,more particularly described as follows: The Southerly 40.00 feet of the Easterly 1.00 foot of said parcel; And the Southerly 4.00 feet of the Northerly 58.00 feet of the Easterly 3.00 feet of said Parcel; And the Northerly 4.00 feet of the Easterly 3.00 feet of said Parcel. Parcel #11-0605-000 SUBJECTTO THE FOLLOWING: 1.Grantee shall have the right at all times to enterthe premises described herein for municipal purposes. 2.Said grant of easement is for a public use and shall include all rights reasonably necessary or incident for Grantee's municipal purposes,including the rights of ingress and egress. 3.Grantor shall not use or make use of the property described herein so as to interfere with,impede, restrict,or otherwise conflict with Grantee's use of this easement.Grantor may grant easements to others in the area of the easement so long as such easements are not in conflictwith nor interfere with this easement granted to the Cityof Moses Lake. Any additional easements granted shall reference this easement and Grantor shall be responsible to the Cityof Moses Lake for any damage to its property or interference with the easement granted herein. 4.This grant ofeasement isa covenant running with the land and shall be binding upon the heirs, personal representatives,successors and assigns of both parties. ACCEPTED by the City Council on March 10th,2015 <=&Sji^ Dick Deane,Mayor ATTEST: W.Rober/Taylor,Finance Director