HomeMy WebLinkAboutV. 151 P. 129 Water Pipe Line Easement and Agreementmgal
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corporation with offices in Everett, Washington (hereinafter
called "Scott") and THE CITY OF PORT TOWNSEND,, a municipal corpor-
ation in the State of Washington (hereinafter called "The City"),
as follows:
1. .SASEVZNT GRANTED. Scott, for and in consideration of
the SUM Of -7-wo HUMOP-C-6 AQQ
N& __
Dollars
z 0 6, eo- ), receipt of which is hereby acknowledged, and
the covenants -by The City herein contained, does hereby convey
and quit claim. to The City the right, privilege and au.thority to
lay, maintain and use a line of water pipe not exceeding ;T
inches in diameter for the purpose of conveying water only, to-
gether with a thirty ('30) foot right of way along said water pipe
line for the purpose of access thereto, under and through the fol-
lowing described property situate in the County of Jefferson,
State of Washington, to—Arit:
The West half of the Northwest quarter (W 4
Section 34, Township 28 North, Range 2., West of the
Willamette Meridian.
The City shall have the right to install In said water pipe line
at suitable intervals stand pipes for fi,-,,e fighting purposes. The
City shall also, at all t'l-mes., have the right of ingress to and
egress from said right of way for the purpose of maintaining,
repairing, replacing or remov-1-nG. said Kiater pipe line.
the easement and right of way herein granted shall be fifteen (1 5)
fee"?; on cltaer side of the center line of the pipe line which is
to be laid on the survey line as now established, which center
line is more exactly located and;,identified on that certain drawl
1-
ing labelled "'Port Townsend Water Line, 1958 Relocation and
Installation" prepared by John U. Wright, a copy of which is
attached hereto as Exhibit "A" and by this reference made a
part hereof.
3. LIMITATIONS ON GRANT OFEASEMENT and RIGHT OF WAY. Scott
reserves the right to use and to grant or assign to others the
right to use for all purposes and by all means which will not
unreasonably interfeoe wl-th the rights herein granted, the said
right of way and the lands over which it passes, including but
not limited to the vle4ht to coriatvuct and use roads on or across
said right of wayand to erect structures thereon. Grwntorf-ar-
ther reserves all naturaldeposits of oill, gas, coal, sand,
gravel and mineral and the right to explore for and remove the
Barrie.
4. STANDARDS OF PERFORMANCE. The City covenants that it
will do all work and things authorized hereby to be done by it
in a good and workmanlike mariner and so as to cause no unneces-
sar-y damage or disturbance to the said premises. The City fur-
ther covenants that it shall abide by and comply with all federal,,
state and local laws., rules and regulations in laying, maintain-
ing and using the water pipe line to be constructed on said right
of way.
5. HOLD HAPUMESS AGREZVIENT. As the principal and true con-
sideration for the grant herein contained pit being expressly
understood and agreed that the monetary consideration paid to
Scott is nominal and secondary), The City, its successors and as-
signs, if any, shall protect, indemnify and hold Scott harmless
from and against any and all liability., including but not lin ed
to claims or suits (be they meritorious or groundless), losses,
damages and expenses, including attorneys' fees., which may result
010
from or be incurred by reason of any injury to or death of any
person or persons whomsoever or from the loss or destruction of
or damage to any property wbatsoever, including but not limited
to property of Scott; arising from any cause or for any reason
whatsoever, including but not limited to the passive, active,
concurrent, contributory or sole negligence of Scott in, upon or
about the said right of way and the said lands herein described
or in connection with the exercise of any of the rights herein
granted to either The City or Scott.
TERMINAIOM The City shall, subject to the provisions
of this paragraph, have the right to terminate this Qreement at
any time by serving written notice of such termination upon Scott.
If at any time The City shall discontinue to use said pipe line
for a period of ten(10)'' consecutive years, Scott shall have the
right to terminate this Agreement and Invoke the provisions of
this paragraph by serving written notice of such termination upon
The City. Within thirty (30) days after the mailing of notice by
either party, The City shall remove said pipe line and appurten-
ances from said right of way and shall, to the satisfaction of
Scott, render said right of way safe for personz who shall subse-
quently enter upon said lands, and further shail.,
s:
oo1 as weather
and soil conditions permit, and insofar az it is practicable so to
dos fill-in any excavations so as not to interfere with the drain-
age or ordinary cultivation of aald lands or the use of the anx-
face thereof for any purpoae. if The it shall fail to remove
said pipe line, to render said lands aafe, or to fill in said ex-
eavations as provided in this paragraph, Scott may so do and
charge The City for any expenses incurred in so doing and The
City shall forthwith pay such charges. This Agreement shall be
binding upon both parties until the requirements above set forth
are satisfied, and Scott shall have delivered a written release to
3-
The City stating that The City has complied with the provisions
of this paragraph.
7. ASSIGNMENTS. No assignment of the privileges and bene --
it accruinz t;; Tb.--_ City hereunder, by aperatlo n of law or other-
wise, shall be valid ivrithout the prior iqritten consent OZ" Scott.
DATED this day of AC 3-959.
SCOTT PAPER COMPANTY
BY
051
By
TIM CITY OF POI-- T0TJN3EZMD,, A Municipal
Corp ora t.isin
By
If 5