433 Exb. D-1i r
•^GRANTEE any right or interest reserved to the United States by
any instrument by which surplus property was transferred pursuant
to the provisions of the Act if he determines that such release
will not prevent accomplishment of the purpose for which such
property was so transferred;and
DELICATE ORIGINAL
RELEASE
THIS RELEASE,made as of the 2nd day of June,1967?between
the UNITED STATES OF AMERICA, acting by and through the Secretary
of Health,Education,and Welfare,or his delegate (herein called
the Secretary),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 (herein called the Act),
GRANTOR,and the CITY OF MOSES LAKE,a municipal corporation and
political subdivision of the State of Washington,GRANTEEf
WITNESSETH:
WHEREAS,by a certain Quitclaim Deed dated June 1,1967 s
GRANTOR has conveyed that certain sewer system located in the
County of Grant,State of Washington (said property being more
fully described in said Quitclaim Deed and hereinafter referred to
as the property)to GRANTEE to be used by it exclusively for the
public health purposes specified in the program and plan set forth
in the application of the GRANTEE therein referred to 5 and
WHEREAS, said conveyance was made for and in consideration
of the assumption by the GRANTEE and its agreement to observe and
perform certain conditions,reservations,restrictions and
covenants set out in the said Quitclaim Deed,including the reserva
tion to the UNITED STATES OF AMERICA of the right of repossession
of the property thereby conveyed as hereinafter set forth;and x
WHEREAS,the provisions of the Act vest in the Secretary,
through such officers and employees as he may designate,the
right,subject to the approval of the Administrator of General
Services and of the Department of Defense to release to the
_lm f///,£/'D-?
WHEREAS, it has been found by the Secretary that compelling
reasons exist for the release of the aforementioned right of
repossession and that the release of said right will not prevent
accomplishment of the purposes for which the property was trans
ferred and that it is to the best interest of the United States
to release the GRANTEE from said reservation of the right of
repossession hereinafter set forth,upon and subject to the terms
and conditions hereinafter set forth;and
WHEREAS, the Administrator of General Services and the
Department of Defense have approved of the proposed transaction;
NOW,THEREFORE,for and in consideration of the premises,
and for other good and valuable considerations,receipt of which
is hereby acknowledged,the said GRANTOR has released,and by
these presents does release,the GRANTEE,its successors and assigns,
from the following reservation set forth in said Quitclaim Deed
of June 1,1967,to-wit:
"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 improve
ments thereto made subsequent 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 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
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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 expira
tion 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."
PROVIDED, HOWEVER, that each and every other provision,
condition,reservation,restriction and convenant set out in said
Quitclaim Deed dated June 1,1967,shall remain in full force and
effect.
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,
GRANTO]
Date;By
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
Date:By
Chester L.Waggener,
(CORPORATE SEAL)City Manager
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STATE OF CALIFORNIA )
City and County of San Francisco)ss
On this 2Z?=W of
/before me,^<2/^*^A/£>-
$K and for the City and County of San Francisco,State of California,
personally appeared CHARLES H.SHREVE,known to me to be the
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*.
1 jv
(SEAL)
GLADYS L SMITH \
NOTARY PUCL'fi •CALIFORNIA \
CITY AND COUNTY OF £
SAN FRANCISCO 2
******»**»***********%V»»»V»»**»*»****»<
Mv Comnv«MPn *xn\r**Mn"h 4.19*9
STATE OF WASHINGTON)
County of Grant )
On this
ss
day of
,*n
ix:1967,
a Notary Public in
Notary public ifc and for the City
and County of San Francisco,
State of California
My commission expires xj¥/'T
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 statedthat 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.
SJ
(SEAL)
Notary Public for the State of
Washington, Residing at
My commission expires:
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