3143RESOLUTION NO.3143
A RESOLUTION ACCEPTING EASEMENTS TO THE CITY OF MOSES LAKE FROM
COLUMBIA BASIN RAILROAD COMPANY,INC.
Recitals;
1.Resolution No. 238 provides all grants of real estate,or any interest therein,to the City of
Moses Lake,shall not be accepted until a resolution has been duly passed by the City
Council.
2.Columbia Basin Railroad Company,Inc.have presented easements to the City ofMoses
Lake.
Resolved;
1.Easement for municipal purposes and uses for the following described property is to
maintain,repair and operate the city's designated utility is hereby accepted by the City of
Moses Lake:
EASEMENT AREA.The following described real property will be referred to in this
Declaration as the "Easement Area":
Commencing at the most Westerly corner of Tract 18,Battery Orchard Tracts;thence North
32o08'44"East,783 feet;thence South 57O51'16"East,524 feet to the most westerly corner of an
unplatted parcel,Recorded under Grant County Auditors file number 1206148;thence along the
northwesterly line of said tract North 32°08'44"East,200 feet to the Southwesterly Right-of-
Way line ofthe Columbia Basin Railroad (formerly the Chicago,Milwaukee,St Paul and Pacific
Railroad Co.)and the Point of Beginning;thence along the said railroad Right-of-Way and the
northwesterly line of said parcel South 5ri2'07"East,318 feet more or less to the highwater
line of Moses Lake,which point shall be designated as Point "A"for the purpose of this
description;thence beginning again at the Point of Beginning;thence North 38°47'53"East,37.6
feet more or less to a point 10 feet southwesterly of the southwesterly track;thence parallel and
10.00 feet distant from said southwesterly track South 51°12'07"East,320 feet more or less to
the highwater line of Moses Lake;thence along said highwater line South 41 °45'25":West,
37.65 feet more or less to the above described Point "A".Containing 0.28 acres more or less.
SITUATE IN THE COUNTY OF GRANT,STATE OF WASHINGTON.
BACKGROUND &PURPOSE.Grantee desires to gain access to the sewer lift station owned
by Grantee and Grantor agrees to provide for access to,from,and between the lift station by
perpetual easement that will run with the Easement Area land.
Resolution No.3113
Page 2 April 27,2010
DECLARATION.Grantor declares the following:
1.EASEMENT GRANT.Grantor grants a perpetual nonexclusive casement (the
"Easement")over and across the Easement Area for the benefit of ingress/egress only.
2.EASEMENT SCOPE.The Basement's scope and usage is limited to ingress and egress
for the Grantee's use over and across the Basement Area.
3.BINDING EFFECT.This Declaration is binding on Grantor and its successors and
assigns and will constitute an casement and covenants appurtenant to and running with
the Easement Area land.
4.SPECIFIC DEDICATION.Nothing contained in this Declaration may be deemed to be
a gift or dedication of any portion of the basement Area to the general public,for the
general public,yet only for Public Services access and not for any general public purpose
whatsoever.Instead,it is Grantor's intention that this Declaration will be strictly limited
to and for the specific purposes expressed herein.
5.GOVERNING LAW.This Declaration is governed by and will be constructed and
enforced in accordance with the laws of Washington Stale.
6.HEADINGS.The captions and paragraphs headings used in this Declaration are inserted
for convenience for reference only and arc not intended to define,limit,or affect the
interpretation or conslruclion of any term or provision of this Declaration.
ACCEPTED by the City Council on April 27th.2010.
BiHTcrct.Mayor
ATTi-ST:
Ronald R.Cone.Finance Director