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HomeMy WebLinkAboutV. 142 P. 433 Grant of Permissive Use & Easement142 GRANT OF PERMISSIVE USE AND EASEMENT THIS AGREEMENT, made and entered into this z/ day of May, 1956, by and between A. W. HAINES and MARIE ANN HAINES, husband and wife, parties of the first part, and the CITY OF PORT TOWNSEND$ WASHINGTON, party of the second part, WITNESSETH: WHEREAS, the party of the second part deems it necessary to the prolonging of the life of the steel pipe in the water supply line to the City of Port Townsend, that a cathodic protection system be installed at points along said line, and that certain of the lands and premises of the parties of the first part have been selected as one of the points of installation, now therefore, IN CONSIDERATION of the sum of One Dollar ($1. 00) and other valuable consideration, the receipt whereof is hereby acknowledged, the parties of the first part do hereby GIVE and GRANT unto the party of the second part, and its successors, a perpetual permissive use and/or easement in and to and over and upon, the following described real estate in Jefferson County, Washington, to -wit: The S 1/2 of the NW 1/4 of the SW 1/4 less the North 200 feet in Section 33, Township 30 north, Range 1 West, W. M. and the NE 1/4 of the SW 1/4 less Tax Z, 3, 18 and north of County Road No. 7 and the East 223 feet south of county road No. 7 in section 33, Township 30 North, Range I West W. M., that is to say, the said party of the second part proposes to set a power pole adjacent to the City of Port Townsend Water Supply Line right-of- way at a point approximately seventy five feet south of the blowoff at station 1610,00. To mount upon this pole or adjacent to it a low voltage rectifier which shall be connected by a cable run underground to the A7i,. "fir' 43 City of Port Townsend Water Supply Line, and to a ground bed located in a generally easterly direction approximately five hundred and twenty five (525} feet. The ground bed to consist of approximately 28 Duriron anodes spaced fifteen (15) feet apart and installed vertically in the ground in a line making an angle of 15 degrees south of the above 525 foot cable line and extending 300 feet past the end of said cable line, and then on a line 105 feet long extending northerly at approximately right angles to the 300 foot line of anodes. All of the above cable and anodes will be installed so as to provide at least two feet of coverage overall, and it is for the doing and maintenance of the proposed work that this instrument is executed. It is understood and agreed that the underground installation shall be adequately covered. The cable and anodes shall be at a depth sufficient to permit plowing or other cultivation of the area used, and in setting up all grass or sod disturbed will be re -seeded or re -sodded and the area restored as near as can be to the state of original useful- ness, and there is further hereby GIVEN and GRANTED to said party of the second part, and its successors, the right to go upon said land from time to time and uncover enough of the anodes so as to determine their condition and to replace any when worn out. (In this connection let it be said that the life expectancy of such anodes as these is from 10 to 20 years )N"l It is further agreed that any timber that it is necessary to remove in order to make this installation, and which is suitable for pulp wood will be purchased by the local division of the Crown Zellerbach Corporation. It is further agreed that if the party of the second part shall not use this easement for the purpose set forth herein for a period of five 5) years, such failure to use shall terminate all rights granted under this instrument. WITNESS our hands this day of May, 1956. Parties of the first Part CITY OF PORT TOWNSEND:v WASH. by Cyt t Party of the Second Part STATE OF WASHINGTON ss COUNTY OF JEFFERSON BEFORE me, the undersigned, personally appeared A. W. HAINES and MARIE ANN HAINES, husband and wife, to me known to be the individuals described in and who executed the fore- going written instrument and acknowledged to me that they signed the same of their free and voluntary act and deed for the uses and therein mentioned. GIVEN under my hand and official seal this day of May, 1956. Notary Publicc in an for the State of Washington, residing at Port Townsend PW