3146RESOLUTION NO.3146
A RESOLUTION ACCEPTING EASEMENTS TO THE CITY OF MOSES LAKE
FROM CURTIS L.AND SHARYN Y.BEASLEY
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.Curtis L.and Sharyn Y.Beasley have presented easements to the City of Moses Lake.
Resolved:
1.Easements 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:
Land situated in the Northeast 1/4,Northwest 1/4,Section 27,Township 19 North,
Range 28 East W.M.,City of Moses Lake,Grant County,Washington,described as
follows:
Commencing at the most westerly comer ofTract 18,Battery Orchard Tracts,as shown
on the Albertus Addition Plat,recorded in Grant County major plat records book 5,
page 14;thence North 32°08'44"East,783.00 feet,parallel to the centerline of
Peninsula Drive as shown on said Albertus Addition plat;thence South 57°51 '16"East,
524.00 feet to the most westerly corner of an unplatted parcel recorded under Grant
County Auditor file number 1206148 and the point of beginning;thence along the
northwesterly line of said parcel North 32°08l44"East,200.00 feet to the southwesterly
right-of-way line of the Columbia Basin Railroad(formerly the Chicago,Milwaukee,St.
Paul and Pacific Railroad Co.);thence along said railroad right-of-way line S
51°12'07"East,20.12 feet;thence South 32o08f44"West,197.67 feet to the
southwesterly line of said parcel;thence North 57°51 '16"West,20.00 feet along said
southwesterly line to the point of beginning.
Containing 3974 square feet more or less.
BACKGROUND AND PURPOSE:Grantee desires to gain access to the sewer lift station
owned by the Grantee.
DECLARATION:Grantor declares the following:
1.EASEMENT GRANT.Grantor grants a perpetual nonexclusive easement
(the"Easement")over and across the Easement Area for the benefit of ingress/egress
only.
2.EASEMENT SCOPE.The Easement's scope and usage is limited to ingress and
egress for the Grantee's use over and across the Easement Area.
3.BINDING EFFECT.This Declaration is binding on Grantor and its successors and
assigns and will constitute an easement 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 Easement Area to the general public, for
the general public,yet only for Public Services access and not for any general public
whatsover.Instead,it is Grantor's intention that this easement will be strictly limited to
and for the specific purposes expressed herein.
5.IMPROVEMENTS.Grantee shall be responsible for additional expense for
improvements made by the Grantor to the easement to support a city vehicle weight
in excess of 8,000 pounds.
6.MAINTENANCE.Grantee and Grantor shall share equally the expense of maintaining
the surfaces of the easement.Except damage attributed to a parties'agent,
employees or assigns,then such costs shall be born entirely by that party.
7.GOVERNING LAW.This Declaration is governed by and will be construed and
enforced in accordance with the laws of Washington State.
8.HEADINGS.The captions and paragraph headings used in this Declaration are
inserted for convenience of reference only and are not intended to define,limit,or
affect the interpretation or construction of any item term or provision of this Declaration.
Accepted by the City Council on May 11,2010.
Jon IS
ATTEST:
Ronald R.Cone,Finance Director
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