433 Exb. DDUPLICATE ORKHHAt
9TTTTCLAIM 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 oy 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
4.4 a •»„4-v^TTpderal Property and AdministrativeandauthoritycontainedintheFeaeraj.nupe /
Services Act of 19^9 (63 Stat.377),as amended,and the Civil
Rights Act of 196H (78 Stat.2fcl),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 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 V9.873 acres of land,more or less,and the Sewer
System,including a sewage treatment plant,h lift stations and
other improvements,facilities and easements,as shown in orange
on Department of the Air Force Map designated "Strategic Air Command,
Master Plan Sanitary Sewage System,"Larson Air Force Base,Moses
Lake,Washington,Tab No.G-2A,attached hereto,marked
Exhibit "X"and made a part hereof,and more particularly described
as follows i
- 1 -
Rpwap;e Treatment Plant
That part of Larson Air Force Base located in
Township 20 North,Range 28 East,Willamette
Meridian,described as follows?Beginning at a point on the EastJLme ofSection33,said Township 20 North,Range 2b
East,Willamette Meridian-,N 0°53f26 W2272.35 feet from the Southeast corner of said.Section 33 (whose Washington State Grid South
Zone coordinates are Y=674-047.08 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 thence S 0°53'26"
E along the East line of said Section 33,o55«b?feet;thence N 23°13f02"W 1090.4-2 feet to the
centerline of a county road known as Randolph •
Road,said point being on a curve to the left
the radius point of which is N 10°4-2f 38"W 1900.14-
feet;thence continuing along the centerline of
said Randolph Road Easterly and Northerly 2925.29
feet to the P.T.of said curve;thence continuing
along the centerline of said Rpndolph Road
N 8°51,i+0M W 14-0.00 feet;thence N 8l°4-2'20n
E 154-8.05 feet to the East line of the North
one-half of the Northwest one-quarter of
Section 34-;'thence S 0°4-5,24-"E along the East
line of said North one-half of the Northwest
one-quarter of Section 34-,1139*79 feet to the
Southeast corner of said North one-half of the
Northwest one-quarter of Section 3*+5 thence
S 89°4a,04-n W along the South line of said
North one-half of the Northwest one-quarter
of Secion 34-,1101.04-feet to the P.C.of a
curve to the left having a radius of 301.73
feet;thence-along a line lying parallel to and
30.00 feet Southeasterly when measured at right
angles to a line described as follows:
Beginning at the above described point which
lies on the South line of the North one-half
of the Northwest one-quarter,Section 3*+j
S 89°4a'04-u w.1101.04-feet from the Southeast
corner of said North one-half of the Northwest
one-quarter of Section 34-;thence Southwesterly
along a curve to the left,having a radius of
301.73 feet 369.20 feet to the P.T. of said
curve;thence S 19°34-I39M V 19.00 feet to the
P.C. of a curve to the right having a radius
of 214-9.11 feet;thence Southwesterly along
said curve 1630.69 feet to the P.T. of said
curve;thence S 63°03,06"V 5-4-9 feet to the
P.C. of a curve to the left having a radius
of 336.90 feet;thence Southerly along said
curve 375.98 feet to the P.T.of said curve,
and the point of beginning of this description.
EXCEPTING THEREFROM 30.00 feet lying Southerly
and Easterly of the centerline of Randolph Road
for county road right-of-way.
Subject to easements granted to Grant County
for road right-of-way purposes in Section 33
and Section 34-of said Township 20 North,
Range 28 East,as recorded in Book 165 of
Deeds at pages 118-121,Records of Grant
County,Washington.rt
The above consisting of 4-9.7 acres of land,
more or less.
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Lift Station "A"
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 1008.54-feet North and
7399.89 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=674-04-7.08
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=2288625.74-)said point of beginning being
the intersection of private roads known as
Arnold Drive and Castle Drive;thence S 4-0°02!50"
W 386.4-0 feet to the true point of beginning;
thence N 26°28'00"V 4-6.00 feet;thence
S 26°28!00"E 4-6.00 feet;thence N 63°32,00"
E 52.50 feet to the true point of beginning.
TOGETHER with an easement for ingress and egress
over existing roads.
TOGETHER with an easement for ingress and egress
20.00 feet in width centered on the following
described line *Beginning at a'point S 63°32,OOft W 18.60 feet
from the true point of beginning;thence
S 26°28!00"E 74-.65 feet to the centerline of
Castle Drive.
The above consisting of .055 acre of land,more
or less.
Lift Station "B"
That part of Larson Air Force Base located in
Section 5?Township 19 North,Range 28 East,
Willamette Meridian,described as follows:
Beginning at a point 4-658.38 feet South and
5756.77 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=674-04-7.08
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=2288625.74-)
thence N 77°34-f58"E 52.50 feet;thence N 12°25!02n
W 4-6.00 feet;thence S 77°3^l58n W 52.50 feet;
thence S 12°25'02"E.4-6.00 feet to the point
of beginning.
TOGETHER with an easement for ingress and egress
20.00 feet in width centered on the following
described line:
Beginning at a point N 12°25'02n W 14-.25 feet
from the point of beginning;thence S 4-9°30f28n
W 85.86 feet to the centerline of Carswell.
TOGETHER with an easement for ingress and egress
over existing roads.
The above consisting of .055 acre of land,more
or less.
- 3 -
Lift Station "D"
That part of Larson Air Force Base located in
Section 4-,Township 19 North,Range 28 East,
Willamette Meridian, described as follows:
Beginning at a point 254-9.9^feet South and
4-238.90 feet West of the Southeast corner
Section 33,Township 20 North,Range 28 East,
Willamette Meridian (whose Washington State
Grid South Zone coordinates are Y=674-04-7.08
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=2288625.740 thence S 74-°53*12"W 4-5.00 feet;
thence S l5°06!4-8,f E 52.00 feet;thence
N 74-°53'12"E 4-5.00 feet;thence N l5°06!4-8"
W 52.00 feet to the point of beginning.
TOGETHER with an easement for ingress and
egress 20.00 feet in width centered on the
following described line:
Beginning at a point S l5°06!4-8"E 26.00 feet
from the point of beginning;thence
N 70°04-f12"E 29.87 feet to the Westerly
right-of-way of a county road known as Patton
Blvd.
The above consisting of .053 acre.of land,more
or less.
Lift-Station #2
That part of Larson Air Force Base located in
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=674-04-7.08
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=2288625.740 said point of beginning being
the Southwest corner of the Port of Moses Lake
Boundary Parcel B;thence N 59ol+7t05!,W
510.28 feet to the true point of beginning;
thence N 6l°30'39n E 17.60 feet;thence
N 28o29'21"W 2^.90 feet:thence S 61°30,39"
W 17.60 feet;thence S 28o29'21"E 24-.90 feet
to the true point of beginning.
TOGETHER with an easement for ingress and egress
over existing roads.
The above consisting of .01 acre of land,more
or less.
SEWER SYSTEM IMPROVEMENTS
Facility No.
*+560 Sanitary Sewage Pump Station A
5101 ♦.Waste Treatment Facility B
5110 Sanitary Sewer Pump-Station C
5819 Sanitary Sewer Pump Station No.2
-4--
Facility No.(cont.)
8999 Lift Station D
5112 Sewage Pump Station No. 1
7850 Misc.Structures
Sewer Mains
II VHSewer lines as shown in orange on Exhibit "X
TOGETHER with a 10 foot easement on each side of
existing sewer lines for the construction,altera
tion,operation,maintenance and repair of the
sewer 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.
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
herein 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
- 5 -
proposed program and plan as set forth in the
Application of the GRANTEE dated July 29,1966,
as amended or supplemented by further communica
tions from the GRANTEE to the Department, including
the amendments to said application dated August 4-,
1966,and April 20,1967,and each and all of the
letters,maps,drawings and other papers transmitted
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.
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 abo.ve-identified
program and plan.
4-.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 1964-
(78 Stat.24-1)and all requirements imposed by or
- 6 -
pursuant to the Regulation of the Department of
Health,Education,and Welfare (4-5 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 discrimina
tion 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 of 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
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 condi
tions 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
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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 4-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 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
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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 substi
tute 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 one hundred (100)
per cent from the market value of One Hundred Eighty
Thousand Dollars (5180,000.00)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 execute such agreement,supported by surety
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 —
- 9 -
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 theproperty,or any part thereof —
that it will comply with Title VI of the Civil Rights Act of 1964-
(78 Stat.24-1)and all requirements imposed by or pursuant to the
Regulation of the Department of Health, Education, and Welfare
(4-5 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 "o^&i&n,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
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,
-10 -
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 insurance and all
moneys payable to the GRANTEE, its successors or assigns,there
under 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,
-11 -
control and use of the property hereby conveyed,or of any portion
thereof,including any additions or improvements thereto made subse
quent to this conveyance. Prior to the expiration 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 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.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as of the day and year first above written,
UNITED STATES OF AMERICA
Acting by and through the Secretary
of Health,Education,and Welfare,
GRANTOR[RAJJTOR p.
Byf AsYJt^A/j,/f(ryi*ir*Q
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
(CORPORATE SEAL)By.
Chester L.Waggener,
City Manager
-12 -
STATE OF CALIFORNIA )ss
City and County of San Francisco )
On this 3/j^E day of /faz*/^,19^7",
before me,s%fa A/sZS j£x^^sT^*aNotary Public
in and for the City^and County of San Francisco,State of California,
personally appeared CARL D.MONROE,known to me to be the Acting
Regional Director of Region IX,Department of Health,Education,
and Welfare, and known to me to be the person who executed the
within instrument on behalf 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 name 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.
»v»v>\»»-»»vw»v^>\v»v\w^w»w
>r-*\GLADYS LSMITH \sSZtf/Jt/jS ^<£~g>-?^I Wmm NOTARY public.CALIFORNIA |"Notary FMblic in an¥for the CityiXi»*.h%'7 CITY AND COUNTY OF £,*//?-0 _.*\Ni&s^san francisco |and Cou«ty of San Francisco,
(%*v*vv*v%v»*vm^v*v»v4vvv«^v*vv*^*vv%>%<State of California
MyCommission Expires March A,7969 //£?
(SEAL)My commission expires:^V^'
STATE OF WASHINGTON)
County of Grant )
On this day of ,1967,
before me,, a Notary Public for
the State of Washington,personally appeared CHESTER L.WAGGENER
known 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 -
EXHIBIT"X'SHT2OF2CITY OFMOSESLAKE(PROPOSED)PORTDISTRICTAREA1""^iiKirr-tTiw«ue/flDEPARTMENTorT~tAIRFORCESANITARYSEWAGESYSTEfc-G-2A