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Home My WebLink About4367 Resolution - PWRF USBR Land Acquistion RESOLUTION NO. 4367 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACT NO. Z1-07-16-L6276 WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION FOR THE PURCHASE OF LANDS. WHEREAS, the City of Pasco (City) owns, operates, and maintains a Washington State Department of Ecology (ECY) approved Process Water Reuse Facility (PWRF) and 14 nearby farm circles for the treatment and disposal of industrial wastewater from several local agricultural processing plants; and WHEREAS, the City's PWRF currently receives an annual total of over 900 million gallons of industrial wastewater from six agricultural food processors; and WHEREAS, a new dairy processor is building a large plant scheduled to be operational by the middle of 2024 and plans to send their process waters to the PWRF for treatment/land application; and WHEREAS, the City has need to increase the treatment capacity of the PWRF, increase winter storage pond capacity, and increase the land treatment system to accommodate the increased growth in the local agricultural processing industry; and WHEREAS,the United States Department of the Interior Bureau of Reclamation(USBR) has agreed to sell the City certain lands identified by the Franklin County Auditor as Parcel No. 113090058 (containing 160 acres more or less) and Parcel No. 124710054 (containing 80 acres more or less); and WHEREAS,the Parties have mutually agreed upon a purchase price of$1,500.00 per acre equalling a total purchase price of$360,000.00 for the above identified two parcels; and WHEREAS, the City considers this a reasonable value and a prudent use of public resources. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Manager is hereby authorized, empowered, and directed to sign and execute Contract No. 21-07-16-L6276 with the United States Department of the Interior Bureau of Reclamation for the purchase of lands containing 240 acres more or less,in substantially the same form as copies attached hereto and incorporated herein by this reference as Exhibit A; and to make minor, substantive changes as necessary to execute the contract. Resolution—USBR Land Acquisition Pretreatment Improvements Phase 2 Project-Page 1 Section 2. That this Resolution shall take effect and be in full force immediately upon passage by the City Council. PASSED by the City Council of the City of Pasco,Washington, on this 21 St day of August, 2023. Blan rajas Mayor ATTEST: APPROVED AS TO FORM: � � � �' � � /,�_.__ � G Debra Barham, CMC Kerr Fergu aw, PLLC City Clerk City rneys Resolution—USBR Land Acquisition Pretreatment Improvements Phase 2 Project-Page 2 RETURN TO: Contract No.21-07-16-L6276 Bureau of Reclamation S.4,T.9N.,R.30E.& Attn:Karissa Fromm(EPH-2409) S.34,T.l ON.,R30E.,W.M. 32 C Street NW Franklin County,Washington Ephrata,WA 98823 Tax Parcel Nos. 113090058, EFO 21-0072 124710054 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Columbia Basin Project Franklin County,Washington THIS QUITCLAIM DEED,made the day of , 2023, pursuant to the Reclamation Act of June 17, 1902 (32 Stat. 388;43 U.S.C. §391), and all acts amendatory thereof and supplementary thereto, collectively referred to as the Federal Reclamation Laws, including Section 4 of the Columbia Basin Project Act of March 10, 1943 (57 Stat. 14; 16 U.S.0 §835),between the UNITED STATES OF AMERICA, Grantor,hereinafter call the United States,acting by and through the Department of the Interior,Bureau of Reclamation,hereinafter called Reclamation,and the CITY OF PASCO,a municipality,hereinafter referred to as the Grantee. WITNESSETH THAT: WHEREAS,the United States,pursuant to Federal Reclamation Laws and in connection with the Columbia Basin Project, acquired certain land for Franklin County Parcel No. 113090058 by virtue of Warranty Deed from Frederick W. Claus,dated July 16, 1947, as under Contract No. I36r-3653. Certain land for Franklin County Parcel Nos. 113090058 and 124710054 was acquired by virtue of Land Purchase Contract No. I36r-4200, dated February 23, 1949,as recorded under Franklin County Auditor File No. 121542; and, WHEREAS,pursuant to the Project Scattered Tracts Resource Management Plan,the United States has determined the property is no longer needed for project purposes; and, WHEREAS,it is the mutual interest of the United States and the Grantee to release Franklin County Parcel Nos. 113090058 and 124710054,that are no longer needed for Project purposes; and, WHEREAS,it has been determined,under authority delegated by the Secretary of the Interior, that the Grantee is eligible,under the provisions of the Columbia Basin Project Act,to acquire the land further described in this Quitclaim Deed; and, NOW,THEREFORE, for and in consideration of the sum of############(##),paid in hand, receipt of which is hereby acknowledged,the United States, acting by and through Reclamation,within the provisions of the Federal Reclamation Laws,previously cited, and acts amendatory thereof or supplementary thereto, and authority delegated thereunder, does hereby remise,release,and forever quitclaim unto the Grantee, its successors and assigns forever, all of the right,title, and interest in and to the property situated in the County of Franklin, State of Washington,to wit: A parcel of land located in the North Half of the Northwest Quarter(N'/ZNW'/o)and the the North Half of the Southwest Quarter(N'/zSW'/4)of Section Four(4),Township Nine (9)North,Range Thirty(30)East,Willamette Meridian, Columbia Basin Project, Franklin County, Washington. AND A parcel of land located in West Half of the Northwest Quarter(W%ZNW'/4)of Section Thirty-Four(34), Township Ten(10)North,Range Thirty(30) East,Willamette Meridian,Columbia Basin Project,Franklin County,Washington. Said total acres being 240 acres,more or less,more particularly described in Exhibit A and depicted in Exhibit B,attached hereto and by this reference made a part hereof. SUBJECT TO THE FOLLOWING CONDITIONS,RESERVATIONS,EXCEPTIONS,AND OTHER OUTSTANDING RIGHTS: 1. The reservation of a right-of-way for ditches and canals constructed or to be constructed by the authoriry of the United States,this reservation being of the same character and scope as that created with respect to certain public lands by the Act of August 30, 1890(26 Stat. 391)as it has been amended. 2. Any third-party rights of record including,but not limited to, oil, gas,mineral interests,rights-of- way or easements for roads,highways,public utilities,railroads,ditches, canals,flumes, pipelines,telephone,telegraph, and power transmission lines,created in favor of the public or public utilities,upon, over,under, and across said property. 3. The rights, if any,that were reserved to the United States, on all or any portion of the said lands in its original patent or other transfer by the United States. NOTICE IS HEREBY GIVEN that: THE INFORMATION CONTAINED IN THIS NOTICE IS REQUIRED UNDER AUTHORITY OF REGULATIONS PROMULGATED UNDER SECTION 120(b) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,AND LIABILITY ACT(CERCLA OR "SUPERFUND"),42 U.S.0 SECTION 9620(h). Acting pursuant to the requirements of 40 CFR§37, on#####,the United States performed a hazardous waste survey on the subject lands. The land is being quitclaimed to the Grantee in the same conditions as existed on the date of said survey and which is more particularly described in the survey.No remediation by the United States on behalf of the Grantee has been made or will be made because none is necessary. The United States has conducted a search of files at the Bureau of Reclamation,Ephrata Field Office,Ephrata,Washington,to identify available information with respect to hazardous substances that were stored for one year or more,known to have been released, or disposed of at the property.That search of available information produced no information on hazardous substances so stored,released,or disposed. (a) The Grantee accepts the premises and appurtenances as is, including,but not limited to, accepting responsibility for management,monitoring, and any legally required mitigation measures and/or cleanup associated with any existing improvements. (b) CERCLA Environmental Covenants and Stipulations: i. To the extent the United States is determined responsible,the United States warrants that any response action or corrective action found to be necessary after the date of the transfer shall be conducted by the United States. ii. The United States reserves the right of access to the property in any case in which a response or corrective action is found to be necessary by the United States at said property,or when such access is necessary for the United States to carry out a response or corrective action on adjoining property. IN WITNESS WHEREOF,the United States of America has executed this document the date and year firs above written. THE UNITED STATE5 OF AMERICA Department of the Interior Marc Maynard Ephrata Field Office Manager Bureau of Reclamation Columbia-Cascade Area Ephrata Field Office 32 C Street NW Ephrata,WA 98823 ACCEPTANCE AND RELEASE: The City of Pasco, as the Grantee,hereby accepts according to the conditions stated,this deed and the rights herein quitclaimed. The Grantee agrees to assume full and complete responsibility for the portion it is acquiring and agrees to indemnify and hold harmless the United States,its agents and employees, from any loss or damage and from any liability on account of personal injury, death,or property damage, or claims for personal injury, death,or property damage of any nature whatsoever and by whomsoever made that may occur or result in any way from the acquisition of said lands. � _ Date City of Pasco ACKNOWLEDGEMENTS STATE OF WASHINGTON ) , ):ss COUNTY OF ) IOn the day of ,2023, __ --_-_— _ --` , personally appeared before me,known to me to be the official of CITY OF PASCO,that executed the within and foregoing instrument and acknowledged that said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he is 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, State of Washington Residing at: My Commission expires: ----------------------------------------------• '�';^. -------------------------------------------- . - �....�. ACKNOWLEDGEMENT STATE OF WASHINGTON ) ):ss COUNTY OF GRANT ) On this the day of , 2023,MARC MAYNARD,personally appeared before me,known to me to be the official of the UNITED STATES OF AMERICA that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said United States, for the uses and purposes therein mentioned,and on oath stated that he is 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, State of Washington Residing at: My Commission expires: EXHIBIT A City of Pasco Disposal Franklin County,WA EFO 21-0072 Contract No. 21-07-16-L6276 A Parcel of Land located in the North Half of the Southwest Quarter(N%ZSW'/4)of Section Four(4), Township Nine(9)North,Range Thirty(30)East,Willamette Meridian, Columbia Basin Project, Franklin County,Washington. � Said parcel begin 80 acres,more or less. AND A Parcel of Land Located in the North Half of the Northwest Quarter(N'/ZNW'/4)of Section Four(4), Township Nine(9)North,Range Thirty(30) East,Willamette Meridian, Columbia Basin Project, Franklin County, Washington. Said parcel being 80 acres,more or less. EXHIBIT A City of Pasco Disposal Franklin County, WA EFO 21-0072 Contract No.21-07-16-L6276 A Parcel of Land located in the West Half of the Northwest Quarter(W'/zNW'/a)of Section Thiriy-Four (34), Township Ten(10)North,Range Thirty(30)East,Willamette Meridian, Columbia Basin Project, Franklin County,Washington. Said parcel being 80 acres,more or less. �:1"1 l�L311'!3 d_.'r��r�b�' .�t�t�.�� a�� a�'�c.�c•�anr�ticar� �'�`�iSfl/Il��lcll) 33 34 4 3 r �- � � ;� � �_ • � y `e� ��j ` \ � �� •, � �� ' � t�_ '��-I •Zv-~' � �l I.� � ,1��• '� ��.• � ��S � �(�� 5_ ., . 1'�'�� a •��Y ��r �r�; �b.,�� . .�'F e i,.�� r� w, ��J��' �� . rt� '�a ��ti��.'� . � - � �`'� - �r �r '._� ' "S. *. N ` ,•`rf �� ,r • + � y � . . . � ', H _ �� t._ F � � '`` -_ �� . � �. . i�r�t'��.. d . ' f �"��i` , , � '��' .� ,' , � s•� , aI _' `�Y .,�y,�_�_ . -� 7 s. ��'�'�.�,tirs I-�r.� ''' 1 .'` r n, k Ji` � �y • � . . . , �5 } ► •��-_�,� _. �, : `. '1 � �_1'�!�. . .r . �� ` � � 'y�� '. � ' . ir _ 'J+w. �" �r� I �,S. ` � � '�_k � �y 1'- ,w � � ��r � '- . �7'! i -- _ .._ �� • , � EFO 21-0072 Contract No. 21-07-16-L6276 Subject Parcels— 160 acres��`�,r,�,�'`� A arcel of land Located in the N1/2 of the SW1/4 and the N1/2 I p of the NW1/4 of Section Four (4), Township Nine (9) North, Range Thirty (3 0) East, Willamette Meridian, Franklin County, Washington. L:�'1!lI�I I'1� d.-�xi��t�,��°,�tat�•� 13r�r�:�au ��fa��l�-dar��a��ra I��l��tSltl��tr►» � �� r��:� � 28 27 . 33 34 ; N � �a �� .� . � -� T10R30S34 �' s� _ _ f I�iii� -�� . -. � EFO 21-0072 Contract No. 21-07-16-L6276 Subject Parcel—80 acres� y�� A parcel of land Located in the W1/2 of the NW1/4 of Section Thirty-four (34), Township Ten (10) North, Range Thirty (3 0) East, Willamette Meridian, Franklin County, Washington.