3147RESOLUTION NO.3147
A RESOLUTION ACCEPTING EASEMENTS TO THE CITY OF MOSES LAKE
FROM RICHARD D.PENHALLURICK
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.Richard D.Penhallurick has 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 mostwesterly corner of Tract 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
southwestly line of said parcel South 57°51 '16"East,41.33 feet to the northerly right-
of-way line of Pennivy Drive as shown on the Albertus No,2 Addition plat,recorded in
Grant County major plat records book 7,page 21;thence North 73°57"16"West,43.02
feet along said right-of-way line;thence North 32o08'44lf East,11.93 to the point of
beginning.
Containing 247 square feet more or less.
BACKGROUND &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
(\he"Easement")over and across the Easement Area forthe benefit of ingress/egress
only.
2.EASEMENT SCOPE.The Easement's scope and usage is limited to ingress and
egress installation,and maintenance of the surfaces 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, shall be only for Public Services access.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 all expenses for improvements
made to the easement to support a vehicle weight in excess of 8,000 pounds.
6.MAINTENANCE.Grantee shall be responsible for the expense of maintaining the
surfaces of the easement,Except any damage caused by a parties'agent,employees
or assigns,in which case any expense to repair shall be born by the party agent,
employee,or assigns which caused any such damage.
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.
Jori,Laj5S,Mayor
ATTEST:
Ronald R.Cone,Finance Director
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