433RESOLUTION No.433
A RESOLUTION AUTHORIZING THE ACQUISITION
OF WATER AND SEWER UTILITIES AT FORMER
LARSON AIR FORCE BASE,WASHINGTON
WHEREAS,the City of Moses Lake is acquiring water and sewer utilities
at former Larson Air Force Base,Washington,from the United States of
America together with an interest in real estate consisting of easements
for wells,water mains,sewage treatment facilities and sewer lines,which
will be conveyed to the City of Moses Lake by Quit Claim Deed,and
WHEREAS,the United States of America has agreed to convey said water
system to the City of Moses Lake for the sum of $210,000 .00,to be paid
on or before January 1,1968,and
WHEREAS,the United States of America has agreed to convey the sewer system
to the City of Moses Lake on a 100%grant basis,and
WHEREAS,in connection with said acquisition it is necessary that the City
Council of the City of Moses Lake authorize the City Manager of the City of
Moses Lake to do and perform certain acts on behalf of the City of Moses Lake
hereinafter set out ,NOW,THEREFORE
BE IT RESOLVED:That the City Manager of the City of Moses Lake is authorized
and directed to do and perform the following on behalf of the City of Moses Lake:
1 .To execute that certain Escrow Agreement between the United States
of America and the City of Moses Lake concerning the sale and purchase of the
water system located at former Larson Air Force Base,Washington,a copy of
which is hereto attached,marked Exhibit "1"and made a part hereof by this
reference.
2 . To accept from the United States of America a Quit Claim Deed for the
water system located at former Larson Air Force Base,Washington,a copy of which
is hereto attached,marked Exhibit A and made a part hereof by this reference,
together with release amending said quit claim deed,a copy of which is hereto
attached marked Exhibit A-l and made a part hereof by this reference.
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3.To execute that certain promissory note in the amount of $210,000.00
wherein the City of Moses Lake is the maker and the United States of America
is the payee,said note being security for the payment of said sum to the United
States of America on or before January 1,1968;a copy of said note is hereto attached,
marked Exhibit B and made a part hereof by this reference.
4.To execute a Quit Claim Deed from the City of Moses Lake to the
United States of America conveying the water system located at former Larson
Air Force Base,Washington;said Deed to be delivered in accordance with the
escrow instructions only in the event that the City of Moses Lake fails to pay the
sum of $210,000.00 for said water system on or before January 1,1968;a copy of
said Deed is hereto attached,marked Exhibit C and made a part hereof by this
reference.
5 .To accept a Quit Claim Deed from the United States of America to the
City of Moses Lake conveying to the City of Moses Lake the sewer system located
at former Larson Air Force,Washington,on a 100%grant basis . A copy of said
Deed is hereto attached,marked Exhibit D and made a part hereof by this reference
together with release amending said Quit Claim Deed,a copy of which is hereto
attached marked Exhibit D-l and made a part hereof by this reference.
6.To pay appraisal and survey costs as follows:
(a) To pay to the United States of America for appraisal
of the water system at former Larson Air Force Base,
Washington,the sum of $1,650.00.
(b) To pay to John D.Swift and Company for survey of the
water system at former Larson Air Force Base,Washington,
the sum of $528.00.
(c) To pay to the United States of America for appraisal of the
sewer system at former Larson Air Force Base,Washington,
the sum of $1,650.00.
(d) To pay to John D.Swift and Company for survey of the
sewer system at former Larson Air Force Base,Washington,
the sum of $960.00;
7.To forthwith institute proceedings for the issuance of City of Moses Lake
water and sewer revenue bonds for the purpose of funding the purchase of the
water system and making capital expenditures required or deemed necessary for
the improvement or extension of the water and sewer systems at former
Larson Air Force Base,Washington.
PASSED by the City Council and APPROVED by its Mayor this 29th day of
June,1967.
ATTEST:
0fty Clerk
APPROVED AS TO FORM:
/C&y Attorney
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DUPLICATE ORIGINAL
ESCROW AGREEMENT
This ESCROW AGREEMENT,made as of the 1st day of June,
1967,by and 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 Admini
strative Services Act of 19^9 (63 Stat.377),as amended (herein
called the Act).,FIRST PARTY,and the CITY OF MOSES LAKE,a
municipal corporation and political subdivision of the State of
Washington, SECOND PARTY;
WITNESSETH;
WHEREAS,by a certain Quitclaim Deed of even date herewith,
a true copy of which said Quitclaim Deed is attached hereto,
marked Exhibit "A"and made a part hereof,FIRST PARTY has conveyed
certain real property 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
SECOND PARTY to be used by it exclusively for the public health
purposes specified in the program and plan set forth in the applica*
tion of SECOND PARTY therein referred to;and
WHEREAS, a material part of the consideration for the convey
ance of the property by the said Quitclaim Deed was the agreement
of SECOND PARTY to enter into this Escrow Agreement;and
WHEREAS,SECOND PARTY by the acceptance of the said Quitclaim.
Deed has promised to pay to FIRST PARTY by January 1,1968,the
sum of Two Hundred Ten Thousand Dollars ($210,000*00),as evidenced
by the Note executed this date by SECOND PARTY in favor of FIRST
PARTY,which Note is attached hereto as Exhibit "B"and made a
part hereof; and
WHEREAS, it is agreed by the parties hereto that if the
amount owing under the said Note is not paid by January 1,1968,
all right and title to the property conveyed under said Quitclaim
Deed shall revert to and become the property of the UNITED STATES
OF AMERICA;and
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WHEREAS,both parties hereto are desirous that the land
records of Grant County,Washington, be kept clear with respect to
the title to the property and affirmatively show the title thereto
vested in the UNITED STATES in the event FIRST PARTY shall determine
that such title should be reverted to the UNITED STATES OF AMERICA;
,.NOW,THEREFORE,in consideration of the premises and other
1 good and valuable considerations moving from each of the parties to
the other,the receipt of which is hereby acknowledged,it is here
by mutually agreed between the parties as follows:
1*SECOND PARTY agrees that simultaneously with the
execution of this Escrow Agreement it will execute,
acknowledge and deposit in escrow with Title
Guaranty Company of Grant County,East 117 Fourth
Avenue,Moses Lake,Washington 98837 (herein
called the escrow agent),a conveyance instrument,
in words and figures the same as the conveyance
instrument attached hereto,marked Exhibit !IC"
and made a part hereof,which shall be held,
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delivered and/or recorded by the escrow agent,
upon and subject to the following conditions,
to each and all of which FIRST PARTY and SECOND
PARTY hereby irrevocably agree,
2.If,at any time after the date of this Escrow
Agreement,FIRST PARTY shall give the escrow agent
written notice stating that SECOND PARTY has failed
to pay to FIRST PARTY the sum of Two Hundred Ten
Thousand Dollars ($210,000*00)on or before
January 1,1968,the escrow agent shall there
upon forthwith deliver to FIRST PARTY the
conveyance instrument,Exhibit "CH attached
hereto,deposited in escrow hereunder and shall
cause the same to be recorded in the official land
records of Grant County, Washington*
3.If,however,at any time prior to or after
January 1,1968,no written notice having there
tofore been given to the escrow agent by FIRST PARTY
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pursuant to paragraph 2 hereof,FIRST PARTY
shall give a written notice to the escrow agent
stating that SECOND PARTY has on or before said
date paid to FIRST PARTY the sum of Two Hundred
Ten Thousand Dollars ($210,000.00),the escrow
agent shall,upon the written demand of SECOND
PARTY,forthwith re-deliver the conveyance
instrument deposited in escrow hereunder,a copy
of which is marked Exhibit "C"and attached
hereto,to SECOND PARTY;PROVIDED that such
re-delivery of the conveyance instrument to
SECOND PARTY pursuant thereto shall in no way
operate to relieve or excuse SECOND PARTY there
after from the due and prompt observance and
performance of each and all of the terms,covenants
and conditions,including the conditions subsequent,
on its part to be observed or performed under the
provisions of said Quitclaim Deed.
h.Upon delivery of the said conveyance instrument
to either of the parties hereto in compliance with
the conditions stated above,this Escrow Agreement
shall be terminated and shall have no further force
and effect,and the escrow agent shall be discharged
from all further obligations thereunder*
5*SECOND PARTY shall pay all fees or charges arising
from this escrow and the recordation of any
instruments in connection therewith and FIRST
PARTY assumes no obligation or liability therefor*
6*Any written notice authorized to be given by FIRST
PARTY to the escrow agent hereunder shall be
deemed given when the same shall have been sent
to the escrow agent at its address set forth above
by certified United States mail*Any finding or
determination of FIRST PARTY stated in any such
notice shall be final and conclusive upon the
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parties hereto,any rule of law or equity to
the contrary notwithstanding,and SECOND PARTY
hereby expressly waives,releases and relinquishes
to FIRST PARTY any right it may now cr hereafter
have or acquire to challenge or dispute in any
manner,or at all,any such finding or determination.
7*The provisions of this Escrow Agreement shall be
binding upon and inure to the benefit of the
successors and assigns of the parties hereto*
IN V/ITNESS WHEREOF,the parties hereto have executed this
Agreement the day and year first above written.
UNITED STATES OF AMERICA
Acting by and through the
Secretary of Health,Education,
and Welfare, FIRST PARTY
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Date:**f Z/JXtn&*
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,SECOND PARTY
(CORPORATE SEAL)By
Chester L*Waggener,
Date:City Manager
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STATE OF CALIFORNIA )
)ss
City and County of San Francisco)
On this .^L/L^day of
*"GLADYS L SMITH
NOTARY P!'~'."-CALIFORNIA
CITY AND COUNTY OF
SAN HKANCISCO >
My Commission Expires March 4,1969
(SEAL)
STATE OF WASHINGTON)
)ss
County of Grant )
On this day of
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&&dz£Notary Bublic in and for the City
and County of San Francisco,
State of California
,1967,
before me,/$'$?d</£^,-<,d^s/i?£&,a Notary Public
in and for the Ci^y and County of San Francisco,State of California,
personally appeared CHARLES H.SHREVE,known to me to be the
Regional Director,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*
toteZfij
My commission expires*Wf
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.
(SEAL)
Notary Public for the State
of Washington,Residing at
My commission expires:
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