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HomeMy WebLinkAboutBurbank Irrigation District - Water Rights Purchase & Sale AgreementWATER RIGHT PURCHASE AND SALE AGREEMENT THIS AGREEMENT ("Agreement") is entered into this \ '&'f day of ~\} \'-{ , 2019 by and between Burbank Irrigation District, hereafter collectively referred to as "Seller", and City of Pasco, hereafter collectively referred to as "Purchaser". INCONSIDERATION of the conditions stated herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser agree as follows: 1. Earnest Mone y. Thirty (30) days following execution of this Agreement, Purchaser shall pay to Seller earnest money in the amount of Ten Thousand Dollars ($10,000.00), which shall apply to the purchase price at Closing. The earnest money is considered non-refundable unless this transaction does not close due to the fault of the Seller. If due to the Seller's fault, said earnest money shall be refunded to the Purchaser, except as provided herein. 2. A greement to Sell/Purchase; Descri ption of Water Ri ghts. The Seller agrees to sell, transfer and convey to the Purchaser and the Purchaser agrees to purchase and accept from the Seller, upon the terms and conditions contained herein, the transferable portion of the water rights set forth below held under the water right Certificate G3-26578C. A copy of the Certificate is attached hereto as Exhibit A. This is a transfer of water ri gh ts onl y. Any improvements associated with the water right, including such improvements for a diversion system or delivery system, installed at the current point of diversion or withdrawal and/or place of use are not included in this sale. It is understood and agreed that only the transferable portion of the Water Right shall qualify for sale/purchase under this agreement. The transferable portion as used herein is defined as the water right quantities approved for final transfer by the Franklin County Water Conservancy Board and as approved by the Department of Ecology in deciding the water right change application. Said transferable portion shall be referred to herein as the "Water Right". The Water Right shall include the maximum transferable acre-feet allowed for transfer, and the proportionate maximum flow rate based on acre-feet transferred. Preliminary estimate of available water is 320 acre-feet of water right, based on annual usage, and 690 gallons per minute instantaneous flow. 3. Purchase Price: Paym ent. The Purchase Price is the sum of One Thousand Seven Hundred and Fifty and No/100 ($1,750.00) dollars per acre-foot of transferred annual volume for up to Three Hundred Twenty (320) acre-feet of annual volume; payable in a four ( 4) year schedule as follows: Within thirt y days of A greement execution -$10 ,000 pre-paid as earnest money 1 Year One: One Hundred Thirty Thousand Dollars ($130,000) Payable within 30 days of final a pp roval of De partment of Ecolo gy , estimated to be paid in approximately March 2020. Year Two: One Hundred Forty Thousand Dollars ($140,000) Payable 12 months after first payment Year Three: One Hundred Forty Thousand Dollars ($140,000) Payable 24 months after first payment Year Four: One Hundred Forty Thousand Dollars ($140,000) Payable 36 months after first payment If the review and approval of the Department of Ecology results in a reduction of the acre-feet to be transferred, then the above dollars will be changed to reflect that reduction. 4. Transfer. Within thirty (30) days of both Seller and Purchaser executing this Agreement, Purchaser shall provide earnest money to Seller pursuant to Section 1 in the form of a check made payable to Burbank Irrigation District No. 4 and delivered to Kuffel, Hultgrenn, Klashke, Shea & Ellerd. Within sixty (60) days of an executed Agreement, Seller (or their Agent) shall provide an Application for Change/Transfer of Water Right to the Department of Ecology. Seller shall facilitate the Application as quickly as possible, however, both Seller and Purchaser acknowledge that the Change/Transfer process can take up to twelve (12) months from submittal of application to complete. The parties agree to cooperate fully to support the transfer of the maximum amounts of the Water Right(s), including performing any and all acts and executing any and all documents as may be reasonable, necessary and proper to accomplish the purposes of this Agreement. If the transfer is not finalized, including the expiration of an appeal period, within sixteen (16) months of the date of this Agreement, Purchaser or Seller shall have the right to terminate this Agreement without further obligation to complete the sale. Seller, at its sole discretion, may grant extensions of this time period. If the Seller elects to terminate this agreement as provided herein, the earnest money shall be refunded to Purchaser, notwithstanding any other provision contained herein to the contrary. Upon termination by Seller as provided for herein, Purchaser agrees to execute any and all documents necessary to rescind and withdraw the transfer application and shall make no claim of title to the Water Right(s) in the name of the Seller. 5. Form of Deed. Seller shall convey title to the Water Right(s) to Purchaser by Quit Claim deed, along with the required Ecology Documentation, in substantially the same form and format as Exhibit B attached hereto and incorporated by this reference after the last payment is made as set forth in Section 3 above. 6. Possession. Purchaser shall be entitled to use of the water on the closing date. 7. Disclaimer of Warranties and Release. (a) 2 (i) Seller warrants that Seller has good marketable title to the Water Right sold herein and that there are no liens or encumbrances against the Water Right(s). (ii) Seller further warrants that they are a municipality and at least a portion of the water rights are being used. (iii) The representations and warranties of Seller contained in this Agreement are true and correct as of the closing date and will survive the closing of the transaction contemplated by this Agreement. (b) Disclaimer. Except as stated hereinabove in subsection 7(a) of this Agreement, the Water Right(s) conveyed under this Agreement are sold "AS IS." Seller does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose. Further, Seller does not guarantee or warrant the quality and quantity of any water transferred under this Agreement and the water supply. The Seller shall not be liable for any water-related problems due to lack, failure, shortage, abandonment, or relinquishment of either instantaneous quantity or annual quantity, interruption or stoppage of the Water Right(s). (c) Release. Except as stated hereinabove in subsection 7(a) of this Agreement, Purchaser hereby fully releases Seller from any and all liability to Purchaser arising out of or related to the quality, quantity, and availability of the water covered by the Water Right(s) prior to, at, or after closing. 8. Contin gency . The obligations of the parties to this Agreement are contingent upon: (a) The final approval from the Department of Ecology and/or through the Franklin County Water Conservancy Board ("the Agencies") for change of the Water Right(s) to meet Purchaser's needs for water use. During the time allowed for appeal of any decision of the Agencies regarding the transfer of the Water Right(s), Purchaser may appeal the decision at its sole discretion. "Final Approval" means the approval that stands either after the expiration of any appeal period; or after the exhaustion of appeal opportunities. The exhaustion of appeal opportunities may occur either as a result of Purchaser's choice not to appeal, or as a result of due course in any judicial review proceedings. (b) A favorable recommendation to Purchaser, by Purchaser's consultant(s) and legal advisor(s), that the proposed transfer(s) appear to be feasible; said recommendation to be based on factual review of statutory tests for transfer and discussion with the Department of Ecology, at Purchaser's discretion. Purchaser shall notify Seller within ninety (90) days of signing this Agreement of the recommendation. Purchaser may waive the contingency within this subsection 8(b), at Purchaser's sole discretion. In the event that Purchaser 3 tenninates this Agreement as a result of the recommendation of its consultant(s) and legal advisor(s) pursuant to this subsection 8(b ), Seller shall retain the earnest money deposit and this Agreement shall terminate. (c) All provisions and/or conditions of any Final Approval must be acceptable to Purchaser at Purchaser's sole discretion. Purchaser shall not unreasonably withhold acceptance of any provisions or conditions for approval of the Water Right(s) transfer. 9. Closing. The date of closing of the purchase transaction shall be within thirty (30) days of the satisfaction of the contingency (see Section No. 8(a) above). The closing shall take place in the offices of Kuffel, Hultgrenn, Klashke, Shea & Ellerd, LLP, or other location as agreed to by both Seller and Purchaser. 10. Closin g Costs. Seller shall be responsible for payment of real estate excise taxes if any required. The Parties shall share equally the cost of recording the deed, closing attorney's fees, escrow fees and title insurance, and all other closing costs. 11. Closin g Activities. As soon as practicable following the closing date, the Seller's agent shall properly record and/or file necessary instruments and documents and proceeds of sale shall be distributed to Seller and/or applied against obligations of Seller and Purchaser as provided in this Agreement and in any closing statements executed by Seller and Purchaser as part of closing. 12. Failure to Close. If Seller or Seller's agent is unable to close the conveyance of the Water Right(s) by 5 :00 p.m. on the last possible closing date in compliance with the provisions of this Agreement because of the fault of one or the other of the parties, the party who is not at fault with respect to Seller's inability to close shall have the right, upon giving written notice to Seller's agent, to terminate this Agreement. 13. Survival. The obligations not satisfied at closing or intended to continue beyond closing shall not be deemed to have merged in the deed. 14. Notices. All notices required or permitted to be given hereunder shall be in writing and shall be deemed given upon personal service or deposit in the United States first class mail, postage prepaid, and addressed as follows: a. Seller: Burbank Irrigation District No. 4 c/o Ms. Heidi Ellerd Kuffel, Hultgrenn, Klashke, Shea & Ellerd, LLP 1915 Sun Willows Blvd, Ste A Pasco, WA 99301 4 b. Purchaser: City of Pasco Steve Worley, Public Works Director Public Works Department 525 N. Third Avenue Pasco, WA 99301 The foregoing addresses may be changed by written notice. 17. Entire A greement. This Agreement constitutes the entire Agreement between the parties. No prior and contemporaneous negotiations, understandings and agreements, whether oral or written, are merged in these documents and the rights and obligations of the parties shall be as set forth herein. 18. Bindin g Nature ; Assignment of Ri ghts. All rights and obligations arising out of this Agreement shall inure to the benefit of and be binding upon the respective successors, heirs, assigns, administrators, if any, of the parties hereto. However, this Agreement shall not be assignable by Purchaser without the prior written consent and acceptance by Seller, which shall be at Seller's sole and absolute discretion. No transfer, renewal, extension, or assignment of this Agreement or of the Water Right(s) or, if applicable, of any improvements, or any interest hereunder shall release the Purchaser from the Purchaser's obligations hereunder. 19. Washin gton Law. This Agreement shall be construed, interpreted, and enforced pursuant to the laws of the State of Washington and venue shall be in Franklin County. The terms of this Agreement shall be given their ordinary meaning and shall not be construed in favor of or against either party hereto. 20. Time of the Essence. Time is of the essence in this Agreement. No waiver or consent to any breach or other default in the performance of any of the terms of this Agreement shall be deemed to constitute a waiver of any subsequent breach of the same or any other term or condition hereof. In the event time for performance falls on a weekend or legal holiday designated by the United States or Washington State, performance shall be deemed to be timely rendered if so rendered on the next business day. 21. Waiver, Modification, or Amendment. No waiver, modification, or amendment of any term or condition of this Agreement shall be effective unless in writing and signed by both parties, and no waiver or indulgence by either party of any deviation by the other party from full performance of this Agreement shall be a waiver of the right to subsequent or other full, strict, and timely performance. 22. Ca ptions. The captions and section headings hereof are inserted for convenience purposes only and shall not be deemed to limit or expand the meaning of any section. 23. Invalidity. If any provisions of the Agreement shall be invalid, void or illegal, it shall in no way affect, impair or invalidate any of the other provisions hereof. 5 24. Good Faith. Both parties shall act reasonably and in good faith in order to consummate this transaction. 25. Dispute Resolution. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the City of Pasco and the Burbank Irrigation District, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7 .04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 26. Default. If either party defaults (that is, fails to perform the acts required of it) in the performance of the contractual requirements specified herein, the non-defaulting party may seek specific performance pursuant to the terms of this Agreement, damages, or rescission. If the non-defaulting party seeking damages or rescission is Purchaser, the Earnest Money, upon demand of Purchaser, shall be refunded to Purchaser. If the non-defaulting party seeking damages or rescission is the Seller, the Earnest Money, upon demand of Seller, shall be forfeited to Seller. In the event of default, neither party shall be liable for consequential damages. 27. Acceptance Deadline. If this Agreement is not signed by both parties on or before August 31. 2019, then the terms offered herein shall be null and void and the earnest money shall be immediately refunded to Purchaser. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first hereinabove written. Address: Burbank Irrigation District No. 4 c/o Ms. Heidi Ellerd Kuffel, Hultgrenn, Klashke, Shea & Ellerd, LLP 1915 Sun Willows Blvd, Ste A Pasco, WA 99301 Telephone: (509) 545-8531 6 ~~~ City Manager Address: City of Pasco 525 N. Third Avenue Pasco, WA 99301 Telephone: (509) 545-3404 ,,,_,,- r . l ~o L...1 -r-.....-~ -----r _.., ........ . ~~:r ........ ,,.---~~-, ...... _·----.-... _ ... -.... ., •---•• • "• I ·,_,i:· qiRTIFlCATE OP. 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STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 4601 N Monroe Street·• Spokane, Washington 99205-1295 • (509)329-3400 June 10, 2009 Burbank Irrigation District No. 4 P.O. Box2368 . Pasco, WA 99302 Dear Sirs: . Re: Application for change/transfer under Ground Water Certificate No. 03-26578 WALL08-09 In accordance with RCW 90.80.080 the Department of Ecology has reviewed the Record of Decision (ROD), Report of Examination (ROE), and all comments, protests, objections and other relevant infonnation submitted by the Walla Walla County Water Conservancy Board for _the above referenced application for change. The Department of~ology has modified the decision of the Board and the proposed change/transfer of water right is approved under the following conditions: · Summary of Ecology's final order MAXIMUM CUB Fri SECOND MAXIMUM GAUMINUlB MAlOMUMACRE-FT/YR TYPE OF USE, PERIOD OF USE 1,250 616 Municipal Supply SOURCE TIµBUTARY OF (IF SURF ACE WATER) Four (4) wells AT A POINT LOCATED: PARCEL NO. ¼ ¼ SECTION TOWNSHIPN. RANGE WRIA COlN!'Y. I. 300802532100 SE SE 2 8 30E. 32 Walla Walla 2. 300802532100 SE SE 2 8 30E. 32 Walla Walla 3. 300811110002 NE NE 11 8 30E. 32 Walla Walla 4. 310935310003 NE SW 35 9 31 E. 33 Walla Walla LEGAL DESCRII'TION OF PROPERTY ON WlilCH WATER IS TO BE USED. AS APPROVED BY THE BOARD Area served byBurbankhrigation District No. 4 (BID #4), within the SE¼ of Sec. 2; the SW¼ of Sec. I; and the NE¼ of Sec. 11, ALL WITHIN T. 8 N., R. 30 E.W.M. ALSO, A portion of Sec. 35, T. 9 N., R. 31 E.W.M. descnoed as follows: Beginning at the intersection of the Northerly right-of-way line ofSec(:mdary State Highway No. 3-D (SR 124) with the Easterly right-of-way of the Oregon-Washington Railroad & Navigation Company in the SW¼ of said Sec. 35, running thence Northeasterly, along said Easterly Railroad right-of-way line, a distance of 2,000 feet; thence Southwesterly at right angles to said right-of.way line, a distance of 500 feet; thence South, parallel to the East line of the SW¼ of said Sec. 35 a distance of 1232.93 feet more or less to the Northerly right-of-way line of said Secondary State Highway No. 3-D (SR 124); thence Westerly aJong said highway North right-of-way line to the point of beginning, ALL WI1HIN T. 9 N., R. 31 E.W M. Containing approximately 34 acres. (Hillside Farms Industrial Site) PARCEL NO. ¼ ¼ SECTION TOWNSHIPN. RANGE. Various 1.) 1, 2 and 11 8 30E. 2.) 35 9 31 E. 0 Burbank Irrigation District .4 June I 0, 2009 Page2 The following are modifications to the Decision of the Board: - 1. ROE -Page 3, Board's D~ision on Application: The locations of the wells authorized for use have been modified. The Board's Deqision on the Application lists three wells within the NE¼NE¼ of Sec.-11, T. 8 N., R 30 E.WM. This is the correct location for Well #3; however, WeII Nos. 1 and 2 are located within Sec. 2, T. 8 N., R 30 E.W.M. The Parcel Numbers are also incorrect, and have been modified to reflect the correct numbers. 2. ROE-Pg. 6, Other Water Rights Appurtenant to Property: The statement is made that BID # 4 has ·a single water right certificate -G3-26578C. Burbank Irrigation District No. 4 currently holds four (4) water rights: Ground Water Certificate Nos. 2272; 3206; G3-25422C and G3-26578C, each with separate priority dates. While G3-26578C incorporated the quantities and wells authorized for use under the preceding water rights, it did not supersede these certificates. Certificate No. G3-26S78C bas the most junior priority date of the four rights, and would be the rrrst of these four water rights to be subject to regulation if such actions were necessary. 3. ROE -Page 9, PROVISIONS: The second provision down states that water use data shall be recorded weekly and maintained by the property owner for a minimu~ of 5 years, and shall be promptly submitted to Ecology upon request. Meter data is required to be submitted to Ecology annually. This provision is modified to read as follows: . Water use data shall be recorded weekly,from all sources. The maximum rate of diversion/withdrawal and the annual total volume,from all sources, shall be submitted to the Department of Ecology by January 51st of each calendar year. Toe second to last provision reads as follows: All water wells constructed. within the State shall meet the minimum standards for construction and maintenance as provided under RCW 18.104 · (Washington WaterWelJ Construction Act of1971) and Chapter 1730160 (sic) WAC (Minimum Standards for Construction and Maintenance of Water Wells). This provision is modified to read as follows: All wells constructed in the state shall meet the construction requirements of WAC 173-16() titled "Minimum Standards for the Consfruction and Maintenance of Wells" and RCW J8.i04 titled "Water Well Construction". Any well which is unusable, ahandone~ or whose use has been permanently discontinued, or which is in sucli disrepair that its continued use is impractical or is an environmelf:lal, safety or public health hazard shall be decommissioited. 4. ROE -Page 9, PROVISIONS: The following Provisions/Conditions are added to the final decision: I. In accordance with WAG 173-160, wells shall not be locaJed within certain minimum distances of potential sources of contamination. These minimum distances shall comply with local health regulaJions, as appropriate. In general, wells shall be located at least l00feetfrom sources of contamination. Wells shall not be located within 1,000 feet of the boundary of a solid waste landfill 2. All wells shall be tagged with a Department of Ecology unique well identification number. If you have an existing well and it does not have a tag, please contact the well-drilling coordinator at the regional Department of Ecology office issuing this decision. This tag shall remain attached to the we/L If you ore required to submit water measuring reports, refere~ce tliis tag number. Burbank Irrigation Distric •. 4 June 10, 2009 Page3 - 3. Prwr to any new construction or alterations of a public water supply system, the State Board of Health rules require public water supply owners to obtain written approval from the Office of Drinking Water of the Washington State Department of Health. Please contact the Office of Drinking Water prior to beginning (or modifying) your project at Eastern Drinking Water Operatwns, 23403 E.MissionAve., Suite 114., Liberty Lake, WA 99019, (509) 456-3115. 4. The water rig/zt holder shall flle the notice ofproiect completion when the permanent distribution system has been constructed and the quantity of water required by the project has been put to f u/l beneficial use. The superseding certificate will reflect the extent of beneficial use within the limitations of the change authorization. Elements of the project completion inspection may include, as appropriate, the source(s), system instantaneous capacity, beneficial use(s), annual. quantity, place of use, and c<Jmpliance with provisions. · 5. King County Superwr Court Judge Jim Rogers provided an oral ruling on June 11, 2008 in Lummi Indian Nation, et al. v. State, thefadal challenge to the constitutionality of the 2003 Municipal Water Law. The Court ruled that three MWL provisions violate separation of power's under the state Constitution: RCW 90.03.015(3) and (4), (definitions) and RCW 90.03.330(3) ("good standing'J. Because this decision is under appeal, there is uncertainty as to the uhimate status of these statutory provisions and it is possible that they nuzy be reinstated by the Supreme Court in the future. A majority of the water authoriz,edfor withdrawal under Certificate No. G3-26578C is inchoate water right; that is water rig/Ji for which a certificate has issued, hut water has never been put to actual beneficial use. TJ,e outcome of this Supreme Court case could affect the val.idity of the inchoate water right associated with Certificate No. G3-26578C, and thus the validity of this specific decision. The water right holder should make appropriate provisions for the potential outcomes of this case. The following provisions are added from the original certificate: 6. The quantities authorized/or use herein ar.e limited to 1250 gal.Ions per minute, 616 acre-feet per year for continuous municipal supply LESS all that water withdrawn under Ground Water Certificate Nos. 2272, 3206, and G3_-25422C The total withdrawal authorized by this Certificate and Ground Water Certificate Nos, 2172, 3206, and G3-25422C is 1250 gallons per minute, 616 acre-feet per year. 7. Well No. 3, which is located about 500 feet south from the NE corner of Sec. 11, T. 8 N., R.. 30 E. W .M., shall be cased and permanently sealed to a minimum depth of 90 feet below land suiface or a minimum depth of 10 feet into the basalt formation, whichever is greater. You have a right to appeal 1his decision. To appeal this you must: • File your appeal with the Pollution Control Hearings Board within 30 days of the "date of receipt" of this document. Filing means actual receipt by the Board during regular office hours. • Serve your appeal on the Department of Ecology within 30 days of the "date ofreceipt'' of this document Service may be accomplished by any of the procedures identified in WAC 3 71-08- 305( 10). ''Date of receipt" is defined at RCW 43 .21B.001 (2). Be sure to do the following: • Include a copy of this document that you are appealing with your Notice of Appeal. • Serve and file your appeal in paper form; electronic copies are not accepted. -·· -------------------- Burbank Irrigation District I 4 . June 10, 2009 Page4 -··-··-···· -·--···-··-----·-··--·--------···---"".--- 1. To file your al)peal with the Pollution Control H~rings Board Mail appeal to: Deliver your appeal in person to: The Pollution Control Hearings Board POBox40903 Olympia, WA 98504-0903 OR The Pollution Control Hearings Board 4224 -6th Ave s·E Rowe Six. Bldg 2 Lacey, WA 98503 2. To serve your ~ppeal on the Department of Ecology Mail appeal to: Deliver your appeal in person to: The Department of Ecology Appeals & Application for Relief Coordinator POBox47608 Olympia, WA 98504-7608 3. And send a copy of your appeal to: Keith L. Stoffel Department of Ecology Eastern Regional Office 4601 North Monroe Street . Spokane, WA 99205 K ith L. Stoffel Section Manager Water Resources Program Eastern Regional Office KLS:BN:ka The Department of Ecology OR Appeals & Application for Relief Coordinator 3 00 Desmond Dr SE Lacey, WA 98503 cc: Janet Rajala, Ecology ERO Walla Waila County Water Conservancy Board RGW Enterprises, Attn: Roger Wright Recording requested by: Burbank Irrigation District No. 4 c/o Ms. Heidi Ellerd Kuffel, Hultgrenn, Klaske, Shea & Ellerd, LLP 1915 Sun Willows Blvd, Ste A Pasco, WA 99301 Water Rights Quit Claim Deed THE GRANTOR Burbank Irri gation District No. 4 , for good and valuable consideration, the receipt of which is hereby acknowledged, hereby conveys and quit claims to GRANTEE, City of Pasco, a Municipal Corporation, any interest the Grantor has or may have, at the date of conveyance, for 320 acre-feet of water right Certificate G3-26578C, situated in the County of Franklin, State of Washington, and more particularly described as follows: Description: 320.0 acre-feet of Burbank Irrigation District Water Certificate G3-26578C as described in the Purchase and Sale Agreement dated _________ , and as documented in Washington State Department of Ecology, Division of Water Rights form signed _______ _ Place of use of water right: Dated this _____ day of _______ , 2019. Burbank Irrigation District No. 4 X X -------------------------- Acknowledgement to follow: ACKNOWLEDGMENT STATE OF WASHINGTON COUNTY OF BENTON ) ) ) ss. On this ___ day of _______ , 2019, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the Burbank Irrigation District, No. 4, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said municipal corporation. WITNESS my hand and official seal affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at _________ _ My Commission Expires Print Name