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1900RESOLUTION NO. 1900 A RESOLUTION AUTHORIZING THE CITY MANAGER TO GRANT AN EASEMENT TO US WEST COMMUNICATIONS Recitals: 1.US West Communications has requested an easement. 2.Easement requested is for installing a fiber optic cable across city property to provide the latest communications technology to potential telephone customers in the area. Resolved: The City Council of the City of Moses Lake does resolve that the City Manager be authorized to execute an easement in the following described property to US West Communications. This easement supersedes and canceles that certain easement granted to Pacific Northwest Bell Telephone Company by the City of Moses Lake on December 20th,1984 as recorded in Book 496 of Deeds,Page 568. A parcel of land in the Southwest Quarter of the Southwest Quarter of Section 16,Township 19 North,Range 29 E.W.M.,Grant County,Washington, Described as follows: Commencing at the Southwest corner of Section 16,Township 19,North, Range 29 E.W.M.,which point is also the Southwest corner of Farm Unit 81, Second Revision of Irrigation Block 41,Columbia Basin Project,as per plat filed September 29,1953,Records of Grant County,Washington,thence South 89°06'27"East,30.00 feet;thence North 00°53'30M East,40.00 feet to the North right of way line of Wheeler Road;thence continuing North 00°53'30"East,30.00 feet to the point of beginning;thence North 00°53'30"East,150.00 feet;thence South 89°06'27"East,150.00 feet; thence South 00°53'30M West,150.00 feet;thence North 89°06'27"West; 150.00 feet to the point of beginning. Said easement is now described as the South 10 feet of the West 132 feet and the South 18'of the East 18'of the above described property. Grantee agrees to relocate said communications lines and cabinet at Grantee's own expense upon request by Grantor.Grantor agrees to provide an alternate location of equal size on the above described property. Grantee shall at all times have the right of full and free ingress to and egress from said property described above,with the understanding that Grantee shall be responsible for all damage caused to Grantor arising from Grantee's exercise of the rights and privileges herein granted.Grantor reserves the right to terminate the easement after 30 years from date of approval. Grantor reserves the right to use the easement for any purposes as long as not inconsistent with nor an interference with the rights granted Grantee herein. This easement shall be considered vacated and void if Grantee fails to use said easement for two consecutive years and shall revert to the Grantor.The rights,conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs,executors, administrators,successors and assigns of the respective parties hereto. ACCEPTED by the City Council on July 25,1995 -XlLbJ\ 'Finance Director