433 Exb A'I
QUITCLAIM DEED
THIS INDENTURE,made as of the 1st day of June,1967,between
the UNITED STATES OF AMERICA,acting by and through the Secretary of
Health,Education,and Welfare (herein called the Secretary),acting
by and through the Regional Director for Region IX of the Department
of Health,Education,and Welfare (herein called the Department),
under and pursuant to the powers and authority contained in the
Federal Property and Administrative Services Act of 19^9 (63 Stat.
377),as amended,and the Civil Rights Act of 196*+(78 Stat.2*fl),
and regulations promulgated thereunder,GRANTOR,and the CITY OF
MOSES LAKE,a municipal corporation and political subdivision of
the State of Washington,GRANTEE;
WITNESSETH:
The said GRANTOR in consideration of the payment by the
GRANTEE to the GRANTOR of the sum of Two Hundred Ten Thousand Dollars
(S210,000#00)and in consideration of the reservations,conditions,
covenants and restrictions hereinafter set forth and the agreement
of the said GRANTEE faithfully to observe and perform the same,and
of other good and valuable considerations,receipt of which is
hereby acknowledged,does hereby REMISE,RELEASE AND QUITCLAIM unto
the said GRANTEE,its successors and assigns,all of the right,
title,interest,property and estate of the said GRANTOR in or to
the real property and improvements thereon situate in the County of
Grant,State of Washington,within the exterior boundaries of lands
formerly comprising Larson Air Force Base,consisting of *f.2 acres
of land,more or less,and the Water System,including 5 wells,a
storage tank and other improvements,facilities and easements,as
shown in orange on Department of the Air Force Map designated
"Strategic Air Command Master Plan Water Supply System,"Larson Air
Force Base,Moses Lake,Washington,Tab No.G-2C,attached hereto,
marked Exhibit "X"and made a part hereof,and more particularly
described as follows:
-1 -EXHIBIT "A"
Well P 1
That part of Larson Air Force Base located in
Section 32,Township '20 North,Range 28 East,
Willamette Meridian,described as follows:
Beginning at a point 1670.81 feet North and
6819.31 feet West of the Southeast . corner of
Section 33,said Township 20 North,Range 28
East,Willamette Meridian (whose Washington
State Grid South Zone coordinates are Y=67lK)V7.08
X=2298909.20 and are referred to U.S.C. & G.S.
Station "SPAD" whose Washington State Grid South
Zone coordinates are Y=676911.66 X=2288625.7lO
said point of beginning being the intersection of
private roads known as Eglin St.and Biggs Drive;'
thence N 89°02!50"E along the centerline of Eglin
St.355.56 feet;thence S 0°56'55"B 227.V7 feet;
thence S 89°02,5>0"W M-09.88 feet to the centerline
of said Biggs Drive;thence N 12°28f50n E along
the centerline of Biggs Drive 233.87 feet to the
point of beginning.
TOGETHER with an easement for ingress and egress
over existing roads.
The above consisting of 2,0 acres of land, more
or less.
Well #2
That part of Larson Air Force Base located in
Section 32,Township 20 North,Range 28 East,
Willamette Meridian,described as follows:
Beginning at a point 3786.75 feet North and
8577.37 feet West of the Southeaet corner of
Section 33,said Township 20 North,Range 28
East,Willamette Meridian (whose Washington
State Grid South Zone coordinates are Y=67^0^7.08
X=2298909.20 and are referred to U.S.C. & G.S.
Station "SPAD"whose Washington State Grid South
Zone coordinates are Y=676911.66 X=2288625.7I0
said point of beginning being the intersection of
private roads known as 9th Ave.and Boiling St.;
thence N 89°02'50"E along the centerline of
Boiling St.*+09.20 feet;thence N 0°52f25n W 1^8,80
feet to the true point of beginning:thence
N Oo52l25tl W 100.55 feet;thence N 88°V7'00"
E 11^.55 feet:thence S 1°33'00»E 100.00 feet;
thence S 88036'35"W 115.71*feet to the true
point of beginning.
TOGETHER with an easement for ingress and egress
over existing roads.
The above consisting of .2 acre of land,more or
less.
Well #3
That part of Larson Air Force Base located in
Section 33,Township 20 North,Range 28 East,
Willamette Meridian,described as follows:
Beginning at a point 31h-3.*+5 feet North and
*+357.21 feet West of the Southeast corner of
Section 33,said Township 20 North,Range 28
East (whose Washington State Grid South Zone
coordinates are Y=671+Olf7.08 X=2298909.2O and are
referred to U.S.C.&G.S.Station "SPAD"whose
«2 -
'*•
Washington State Grid South Zone coordinates are
Y=676911.66 X=2288625.7lO said point of beginning
being the intersection of county roads known as
3rd Ave.&Chanute St.;thence S 89°07f35n W along
the centerline of Chanute 206.60 feet;thence
S 0°52f25"E 187.32 feet to the true point of
beginning;thence S 0°52,25l!E 100.00 feet;thence
S 89o07'35M W 100.00 feet;thence N 0°52,25"W
100.00 feet;thence N 89°07,35"E 100.00 feet to the
true point of beginning.
TOGETHER with an easement for ingress and egress
over existing roads.
The above consisting of .2 acre of land, more or
less.
Well #8
That part of Larson Air Force Base located in
Section h,Township 19 North,Range 28 East,
Willamette Meridian,described as follows:
Beginning at a point ^175-05 feet South and
3533*3*+feet West of the Southeast corner of
Section 33,Township 20 North,Range 28 East,
Willamette Meridian (whose Washington State Grid
South Zone coordinates are Y=67^0M-7.08 X=2298909.20
and are referred to U.S.C.&G.S.Station "SPAD"
whose Washington State Grid South Zone coordinates
are Y=676911.66 X=2288625.71+)thence N 26°58'CO"
E 75.50 feet;thence N *4-°5lf50"W 7^.88 feet;
thence N 66°V7,12"W 156.31*-feet to the Easterly
right-of-way of a county road known as Patton Blvd.;
thence S 18°55,33M E along the Easterly right-of-way
of said Patton Blvd.186.68 feet;thence S 6tf°00927n
E 61.^7 feet to the point of beginning.
The above consisting of .*f acre of land,more or
less.
Well #9
That part of Larson Air Force Base located in
Section 27,Township 20 North,Range 28 East,
Willamette Meridian, described as follows:
Beginning at a point 8367.15 feet North and
376.21 feet East of the Southeast corner of
Section 33,Township 20 North,Range 28 East,
Willamette Meridian (whose Washington State
Grid South Zone coordinates are Y=671+0V7.08
X=2298909.20 and are referred to U.S.C. &G.S.
Station "SPAD"whose Washington State Grid South
Zone coordinates are Y=676911.66 X=2288625.7lO
said point of beginning being the Southwest
corner of the Port of Moses Lake Boundary Parcel
B;thence N 17°15I55"E 505.37 feet;thence
N 72°35'05"W 256.20 feet to the true point of
beginning;thence S 17015'55"W 73.00 feet;
thence N 72o35!05,,W 17*+.50 feet;thence N 17°15?55"
E 73.00 feet;thence S 72°35'05"E 17^.50 feet
to the true point of beginning.
TOGETHER with an easement for ingress and egress
over existing roads.
The above consisting of 1.1 acre of land,more or
less.
- 3 -
Storage Tank f 3
That part of Larson Air Force Base located in
Township 20 North,Range 28 East,Willamette
Meridian,described as follows:
Beginning at a point 3120.28 feet North and
5867.03 feet West of the Southeast corner of
of Section 33,Township 20 North,Range 28
East,Willamette Meridian (whose Washington State
Grid South Zone coordinates are Y=67^0V7.08
X=2298909.20 and are referred to U.S.C. & G.S.
Station "SPAD"whose Washington State Grid South
Zone coordinates are Y=676911.66 X=2288625-7lO
said point of beginning being the intersection of
county roads known as 5th Ave. and Chanute St.;
thence N 89o07'35"E along the centerline of
Chanute 385.68 feet to the true point of beginning;
thence continuing along the centerline of Chanute
N 89°07,35n E 150.00 feet;thence S 00 52*25"E
150.00 feet;thence S 89°07f35ff W 150.00 feet;
thence N Oo52t25H W 150.00 feet to the true point
of beginning.
EXCEPTING.THEREFROM the North 30.00 feet for
county road.
The above consisting of .3 acre of land, more
or less.
WATER SYSTEM IMPROVEMENTS
Facility No.
399 Building,water supply
1801 Water Storage Tank
2520 Building,water supply
3902 Water Storage Tank
3903 Building, water supply
h-301 Water Storage Tank
^303 Water Storage Tank
^30^Building,water supply
5801*Building,water supply
5811 Water Storage Tank
Water mains as shown in orange on Exhibit "X"
TOGETHER with a 5-foot easement on each side of
existing water mains for the construction,alteration,
operation,maintenance and repair of the water
system hereby conveyed, and subject to existing
encroachments.
EXCEPTING AND RESERVING to the United States of America,its
transferees and assigns,a perpetual,easement in,upon,over,and
across the above-described parcels.for the operation,repair and
maintenance of the existing electrical distribution system,and for
ingress and egress thereto.
SUBJECT TO all easements,liens,reservations,exceptions or
interests of record or now existing on the premises above described.
-h -
TOGETHER WITH,all and singular,the tenements,hereditaments
and appurtenances thereunto belonging or in anywise appertaining,
and the reversion and reversions,remainder and remainders,rents,
issues and profits thereof and also all the estate,right,title,
interest,property,possession,claim and demand whatsoever in law
as well as in equity of the said GRANTOR,of.,in or to the above-
described property for every part and parcel thereof,except as here
in otherwise expressly provided and except as the same or any
thereof are herein reserved,conditioned,limited or restricted.
TO HAVE AND TO HOLD the above-described property, together
with the appurtenances,unto the said GRANTEE,its successors and
assigns and each of them,PROVIDED,HOWEVER,that this deed is made
and accepted upon each of the following conditions subsequent,which
shall be binding upon and enforceable against the said GRANTEE, its
successors or assigns, and each of them, as follows:
1. That for a period of twenty (20)years from the date
of this deed the above-described property herein
conveyed shall be utilized continuously for public
health purposes in accordance with the proposed
program and plan as set forth in the Application
of the GRANTEE dated July 29,1966,as amended or
supplemented by further communications from the
GRANTEE to the Department,including amendments to
said application dated August *+,1966,March 7?
1967,and April 20,1967,and each and all of the
letters,maps,drawings and other papers trans
mitted with or referred to in any of the foregoing,
and for no other purpose.
2.That during the aforesaid period of twenty (20)
years the said GRANTEE will resell,lease,mortgage
or encumber,or otherwise dispose of the above-
described property or any part thereof or interest
therein,only as the Secretary,or his successor
in function,in accordance with the applicable
regulations may authorize in writing.
- 5 -
3.That one year from the date of this deed and annually
thereafter for the aforesaid period of twenty (20)
years,unless the Secretary,or his successor in
function,otherwise directs,the GRANTEE will file
with the Department,or its successor in function,
reports on the operation and maintenance of the above-
described property and will furnish,as requested,such
other pertinent data evidencing continuous use of the
property for the purpose specified in the above-
identified program and plan.
M-.That for the period during which the above-described
property is used for a purpose for which the Federal
financial assistance is extended by the Department or
for another purpose involving the provision of similar
services or benefits,the GRANTEE hereby agrees that
it will comply with Title VI of the Civil Rights Act
of 196^(78 Stat.2^1)and all requirements imposed
by or pursuant to the Regulation of the Department of
Health,Education,and Welfare (^5 CFR P^rt 80)
issued pursuant to that title and as in effect on the
date of this deed,to the end that,in accordance with
Title VI of that Act and the Regulation,no person in
the United States shall,on the ground of race,color
or national origin,be excluded from participation
in,be denied the benefits of,or be otherwise
subjected to discrimination under the program and
plan referred to in condition subsequent numbered 1
above or under any other program or activity of the
GRANTEE,its successors or assigns, to which such
Act and Regulation apply by reason of this conveyance„
In the event of a breach of any of the conditions subsequent
set forth above whether caused by the legal or other inability of
said GRANTEE,its successors or assigns,to perform any of the
obligations herein set forth,all right,title and interest in and
to the above-described property shall,at the option of the
- 6 -
GRANTOR,revert to and become the property of the UNITED STATES OF
AMERICA,which,in addition to all other remedies for such breach,
shall have an immediate right of entry thereon,and the said
GRANTEE,its successors or assigns,shall forfeit all right,title
and interest in and to the above-described property and in any and
all of the tenements,hereditaments and appurtenances thereunto
belonging;PROVIDED,HOWEVER,that the failure of the Secretary,or
his successor in function,to insist in any one or more instances
upon complete performance of any of the said conditions shall not be
construed as a waiver or relinquishment of the future performance
of any such conditions,but the obligations of the said GRANTEE,its
successors and assigns,with respect to such future performance
shall continue in full force and effect;PROVIDED FURTHER that in
the event the UNITED STATES OF AMERICA fails to exercise its option
to re-enter the premises for any such breach of conditions subsequent
numbered 1,2 and 3 within twenty-one (21)years from the date of
this conveyance,said conditions numbered 1, 2 and 3>together with
all rights of the UNITED STATES OF AMERICA to re-enter for any
breach thereof as in this paragraph provided,shall,as of that date,
terminate and be extinguished;PROVIDED FURTHER that the expiration
of conditions subsequent numbered 1, 2 and 3 and the rights to re
enter shall not affect the obligation of the GRANTEE, its successors
and assigns,with respect to condition subsequent numbered h herein
or the right reserved to the UNITED STATES OF AMERICA to re-enter
for breach of said condition.
In the event title to the above-described property is
reverted to the UNITED STATES OF AMERICA for noncompliance or
voluntarily reconveyed in lieu of reverter,the said GRANTEE,its
successors and assigns,at the option of the Secretary,or his
successor in function,shall be responsible and shall be required
to reimburse the UNITED STATES OF AMERICA for the decreased value
of the above-described property not due to reasonable wear and tear,
acts of God and alterations and conversions made by the said GRANTEE
to adapt the property to the use for which the property was acquired.
The UNITED STATES OF AMERICA shall,in addition thereto,be reimbursed
-7 -
for such damages,including such costs as may be incurred in
recovering title to or possession of the above-described property,
as it may sustain as a result of the noncompliance.
The said GRANTEE may secure abrogation of the conditions
subsequent numbered 1, 2 and 3 herein by:
a.Obtaining the consent of the Secretary,or his
successor in function; and
b.Payment to the UNITED STATES OF AMERICA in accordance
with the following conditions:
(i)If abrogation is requested by the GRANTEE for
the purpose of making the property or a portion thereof
available to serve the needs or purposes of a third party,
payment shall be based upon the current fair value,as of
the date of any such requested abrogation,of the property
to be released from the conditions and restrictions, less
amortized credit at the rate of five (5) per cent of the
public benefit allowance granted on the original fair
market value for each twelve (12) months during which the
property has been utilized in accordance with the purposes
specified in the above-identified program and plan.
(ii)If abrogation is requested by the GRANTEE for
the purpose of making the property available as security
for financing of new construction,for acquiring substitute
or better facilities,or for relocating elsewhere, all for
the purpose of further advancing or promoting the program
specified in the above-identified program and plan,
payment shall be based upon the public benefit allowance
granted to the GRANTEE of fifty (50)per cent from the
market value of Four Hundred Twenty Thousand Dollars
($^20,000.00)as of the date of this instrument,less a
credit at the rate of five (5)per cent of the public
benefit allowance granted for each twelve (12)months
during which the property has been utilized in accordance
with the purpose specified in the above-identified
program and plan;provided,however,the GRANTEE shall
- 8 -
execute such agreement*supported by surely bond or
other security that may be deemed by the Secretary to
be necessary or advisable,to assure that the proceeds
of sale obtained by GRANTEE in any disposal of any
portion of the property for effectuating one or another
of the aforesaid purposes for which abrogation is
requested,will be devoted to the program use specified
in the above-identified program and plan.
The GRANTEE by the acceptance of this deed covenants and
agrees for itself, its successors and assigns, and every successor
in interest to the property herein conveyed or any part thereof —
which covenant shall attach to and run with the land for so long as
the property herein conveyed is used for a purpose for which the
Federal financial assistance is extended by the Department or for
another purpose involving the provision of similar services or
benefits and which covenant shall in any event,and without regard
to technical classification or designation,legal or otherwise,
be binding to the fullest extent permitted by law and equity, for
the benefit and in favor of and enforceable by the GRANTOR and its
successors against the GRANTEE,its successors and assigns,and
every successor in interest to the property,or any part thereof —
that it will comply with Title VI of the Civil.Rights Act of 196M-
(78 Stat.2^-1)and all requirements imposed by or pursuant to the
Regulation of the Department of Health,Education,and Welfare
(*+5 CFR Part 80)issued pursuant to that title and as in effect on
the date of this deed,to the end that,in accordance with Title VI
of that Act and the Regulation,no person in the United States shall,
on the ground of race,color or national origin,be excluded from
participation in,be denied the benefits of,or be otherwise
subjected to discrimination under the program and plan referred to
in condition subsequent numbered 1 above or under any other program
or activity of the GRANTEE,its successors or assigns,to which
such Act and Regulation apply by reason of this conveyance.
The GRANTEE by the acceptance of this deed further covenants
- 9 -
and agrees for itself,its successors and assigns,that in the
event the property conveyed hereby,or any part or interest therein,
is sold,leased,mortgaged,encumbered or otherwise disposed of,
or is used for purposes other than those set forth in the above-
identified program and plan without the written consent of the
Secretary,or his successor in function,all rents,royalties,
revenues,receipts or the reasonable value,as determined by the
Secretary,or his successor in function,of any other benefits to
the GRANTEE deriving directly or indirectly from such sale,lease,
mortgage,encumbrance,disposal or use shall be considered to have
been received and held in trust by the GRANTEE for the GRANTOR and
shall be subject to the direction and control of the Secretary, or
his successor in function.
The GRANTEE by the acceptance of this deed further covenants
and agrees for itself,its successors or assigns,that at all times
during the period that title to said property is vested in the
GRANTEE subject to conditions subsequent numbered 1, 2 and 3 here
inbefore set forth (except for any period during which the GRANTOR
exercises the right to repossess, control and use the same as
provided in the next succeeding paragraph hereof)the GRANTEE shall
at its own sole cost and expense keep and maintain,the property and
the improvements thereon,including all buildings,structures and
equipment,at any time situate upon said property,in good order,
condition and repair,free from any waste whatsoever;and in the
event any thereof shall need restoration or repair,or shall
become lost,damaged or destroyed by any cause other than ordinary
wear and tear, acts of God or alterations or conversions made by
the GRANTEE to adapt the property to the use for which it is
acquired,the GRANTEE will promptly repair and restore the same
to their former condition.If the GRANTEE,its successors or
assigns,shall cause any of said improvements to be insured against
loss,damage or destruction and any such loss,damage or destruction
shall occur during the period GRANTEE holds title to said property
subject to conditions subsequent numbered 1,2 and 3,said
-10 -
insurance and all moneys payable to the GRANTEE,its successors
or assigns,thereunder shall be held in trust by the GRANTEE, its
successors or assigns,and shall be promptly used by the GRANTEE
for the purpose of repairing,such improvements and restoring the
same to their former condition,or,if not so used,shall be paid
over to the Treasurer of the United States in an amount not
exceeding the unamortized public benefit allowance.
The GRANTEE by the acceptance of this deed further
covenants and agrees for itself,its successors and assigns,that
the UNITED STATES OF AMERICA shall have the right during any
period of emergency declared by the President of the United States
or by the Congress of the United States to the full unrestricted
possession,control and use of the property hereby conveyed, or of
any portion thereof,including any additions or improvements
thereto made subsequent to this conveyance. Prior to the expira
tion or termination of the twenty (20)year period of restricted
use by the GRANTEE,such use may be either exclusive or nonexclusive
and shall not impose any obligation upon the Government to pay
rent or any other fees or charges during the period of emergency,
except that the Government shall (i) bear the entire cost of
maintenance of such portion of the property used by it exclusively
or over which it may have exclusive possession or control,(ii)pay
the fair share,commensurate with the use,'of the cost of
maintenance of such of the property as it may use nonexclusively or
over which it may have nonexclusive possession or control,(iii)
pay a fair rental for the use of improvements or additions to the
premises made by the said GRANTEE without Government aid and (iv)
be responsible for any damage to the property caused by its use,
reasonable wear and tear and acts of God and the common enemy
excepted.Subsequent to the expiration or termination of the
twenty (20)year period of restricted use,the obligations of the
Government shall be as set forth in the preceding sentence,and in
addition the Government shall be obligated to pay a fair rental for
all or any portion of the conveyed premises which it uses.
-11 -
IN WITNESS WHEREOF,the parties hereto have caused this
instrument to be executed as of the day and year first above
written.
(CORPORATE SEAL)
UNITED STATES OF AMERICA
Acting by and through the Secretary
of Health,Education,and Welfare,
GRANTOR
By.
Acting Regional Director,
Region IX,Department of Health,
Education,and Welfare
CITY OF MOSES LAKE, a municipal
corporation and political
subdivision of the State of
Washington,GRANTEE
By.
Chester L.Waggener,
City Manager
-12 -
STATE OF CALIFORNIA )qq
City and County of San Francisco )
On this „day of ..^^,19.
before me,,,,,„,,ljn „, a Notary Public in and
for the City and County of San Francisco,State of California,
personally appeared CARL Di M0NR6E,known to me to be the Acting
Regional Diredtor of Region IXj Department of Health,Education,
and Welfarej and known tojine to b£the person who executed the
within instrument on benal£of the Secretary of Health,Education,
and Welfare for the United States of America,and acknowledged to
me that he subscribed to the said instrument the name of the
United States of America and the nattte of the Secretary of Health,
Education,and Welfare on behalf of the United States of America,
and further that the United States of America executed the said
instrument.
Witness my hand and official seal.
Notary Public in and for the City
and County of San Francisco,
State of California
(SEAL)My commission expires:
STATE OF WASHINGTON )ss
County of Grant )
On this day of ,1967,
before me,.__>a Notary Public for
the State of Washington,personally appeared CHESTER L.WAGGENER,
kno^/n to me to be the City Manager of the City of Moses Lake,
Washington, the City that executed the within and foregoing
instrument,and acknowledged said instrument to be the free and
voluntary act and deed of said City,for the uses and purposes
therein mentioned, and on oath stated that he was authorized to
execute said instrument.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed
my official seal the day and year first above written.
Notary Public for the State of
Washington,Residing at
(SEAL)My commission expires:
-13 -
nM;!r;:ijobcorpsareaW%0%&PORTDISTRICT AREABIGBENDCOLLEGECITYOFMOSESLAKE(PROPOSED)DEPARTMENTortmiAIRFORCET»»TCCICAmCOMU.NQ'MASTEIlPLANTERSUPPLYSYSTEM
EXHIBIT "X"SHI2OF2PORTDISTRICTAREACITYOFMOSESLAKE(PROPOSED)1>•*::"•".•>'•'•-.:_-.....£.".•?<#DEPARTMENTorinr.AIR.FORCE-••••'.iac«"•»•.-MASTEHPLANTERSUPPLYSYSTES?<3*