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HomeMy WebLinkAboutBailey, F.J. and Eliza - EasementTHIS INDFNTURM, Made this day of September,, 1914, by and between F. J. Bailey and Eliza Bailey, husband and wife, of Port Townsend, Washington, the parties of the first part, and the CityofPortTownsend, a city of the third class in Jefferson County, State of Washington, the party of the second part: Witnesseth: That for and in consideration of the sum of ;f to them in hand paid by the party of the second part, the receipt-- whereof is hereby acknovledged, and in <further considerationof the mutual agreements hereinafter contained, the said parties of the first part; do hereby bargain, sell, convey and confirm to the said party of the second part aperpetual, escrf ya two pain- Int £ tain the present or any other pI dine of its g €erg ys over and across the east half ?) of the Watkin's Donation Claim in township thirty (30), of range one (1) east, in Jefferson County, Washington, following the present location of the said pipeline which is as follows: Commencing ,at a point ;about 1600 feet east of the southwest corner of said Donation Claire, and running thence north four degrees west to within about four hundred feet of the north boundary= thereof, and. thence ' turning and running north forty- sever,: degrees five minutes east to the north boundary, thereof. This easement is governed by and subject the following-conditio_ and agreements. The said party of the second part shall have the right to main- tain such pipeline across the land above described with the necessa- ry and usual shut-offs and ; other appliances with the right of way for such pipeline eleven and one-half (11+) feet in width, five and three fourths feet on each side of the center line of said pipeline, with full pourer and authority to do any and all things to maintain such pipeline and to protect it from any and all damage or injury, against any and all persons whatsoever. Whenever the platting of the property over which the said ease- ment is hereby granted into lots and blocks or small acreage tracts, - and the reasonable occupancy of such platted property for residence, shall make it desirables that the said pipeline should be placed on a street or streets or public highway, then upon`` written notice the said party, of the second part hereby agrees to commence proceedings within sixty days to change the said pipeline and place the same within a reasonable time on some platted street or streets or pub- lic highway, Provided, always, that the said party of the second part can obtain permission from the property authorities to use the said street ,or 'streets or public highway-for such purpose. 1f the parties to this instrument cannot agree as to when the occupancy ;of said -land for residence purposes after such platting shall make it desirable to .change the said pipeline as hereinbefore provided, then the matter shall be referred to three disinterested persons as arbitrators, one to be chosen" by each of the parties here-- tp, and a. third by ; the two so chosen, and the parties hereby agree to abide by the decision of such arbitrators: Provided always, the failure of the said second party to commence proceedings' to :Hove the :said pipeline within the time hereinbefore designated,shall be construed as a refusal so to do, and shall entitled the said first parties to the arbitration herein provided for: Provided further, that in no event, shah the said second party be o. 3 leeSo the said pipeline unless the said property be pct azed at feast" k ten per cent thereof actually occupied for residence; prz-pose- The said parties of the first part shall have the right Joint- ly with the said party of the second part to use the said right of way{ 1P in any manner whatsoever for the purpose of ingress Or egress fromanyportionoftheabovedescribedlandandtotakethetimberor other products therefrom, subject to payment to the said second1, party for any damage done to its pipeline and subject also at: all times to the right of the said second party to 90 upon the said right of way for the purpose of repairing or replacing the said pipeline of inspecting the sane and of keeping the same free from obstruc- tibn for surface travel throughout the whole course thereof, and generally to maintain such pipalinet all of which said rights are hereby expressly granted to the said second party - The parties of the first part shall have the right to be sup- plied wit'.q water from the aforesaid pipeline, eiVher in its exist- ing, course or in any subseq-,,ientchanged course for domestic usesorforloggingcampsupplyorfordonkeyengineconsumptionorfor any other lawful purpose o such extent as water can be taken fromtt such pipeline without reducing the supply thereof below the amount required for Fort Flaglar consumption, for all of which water, the said first parties s1nall pay the current and established rates for consumption of water at Port Townsend, Washington. Whenever in this instrument first parties or second party be named, designated or me ntioned, this instrument shall be interpre- to the benefit of, and to bind, as the case ted to includes to inures may be, the respecrive heirs, executors, administrators, successors and assigns of the parties hereto or any of them. In witness whereof the said parties Of the first part have signed, sealed and acknowledged this instrument, and the said party of the second part has caused the same to be executed by its dulyauthorizedofficersanditscorporatesealattachedthedayand year first above written. Port Tovrnsend 014 - By Mayor Attest: Citi dari State of Washington )ss County of Jefferson ) on this day of 914tThisistocertifYthatn before -,qea notary public personally appeared F. , *.0afl ey—ad IizaV ,to be the same individ-aals described inBaileytoM6knowninstrumentasthefirstpartiesandwhoexecutedtheforegtingthereinandtheyacknowledgedtomethattheyexecutedthesameastheirfreeandvoluntaryactanddeedfortheusesandpurposes therein mentioned. Witness r hand and official seal +tv--,.e day and year first above, written.