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
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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)
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(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
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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
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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.
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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
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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:
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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
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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.
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Burbank Irrigation District I 4 .
June 10, 2009
Page4
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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