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HomeMy WebLinkAbout00066e 11 r 124 '•I , } � Of q run ^ry, ton nor '�^^dr+r iin+. "O 10A1 _ (continued) Yr. 11. E. Anderson r�'• I :.i; on their right-of-way, a distance of 760 feet. Thence lio. 710 50' E 537 feet across a portion of Lot 1 Section six (6) town- ship 29 North. Range 1 East to the intersection of ill,.- enters of the Portage Canal. It has conic to the attention of this offi':.:: that the above outlincclroute crosses the nroperty of a Mr. Rudolph C. Young ':rho stipulates that a right -of -Way on his I pronert;,- will be granted providing a 3/4" tan on the pipe line is made accessible to him. 4. It does not seem li::ely that ir. Rudolph C. Young's stupulation could be met by the U. S. Government on n pipe line owned by the Government. Sines this office feels that the route of the crYoung's property would oe the more desirable one, a ater supply line across 6:r. proposal, to make possible the use of this route and still not involve the U. S. Governer.*.Ieni is offered as follows: ',,. ❑. That the City of Port Townsend obtain and furnish to the U. S. Government, ht-of-era•• for the Fort Flagler wr atcsupnly line as described above, a rigfrot the point near i•:oegan's place to the Oak Bay Canal. . b. That the U. S. Government install the necessary crater supply nine line Government between the polna re1'crred to in a above.. o. Thnt after completion of the pint line installation, the City of fort Townsend purchase the pint line from the U. S. Government, aaytncnt for same to be made by water delivery to the Fort Flagler line at a'designat-ed metering point, until the cost of installation, including pine, has been met. Computation of crater dtlivcry payments to be made on the same rates r, in use for 'anter furnished to "rorden. ' d. That, the retering point for crater furnished Fort Flagler be at the. Oak Bay Canal end of the Section of pipe line referred to in a above. :< e. That the Government in it n construction of the pipe line from the point '::. ` _ near Ieegan's plat, to the Oak Bay C❑nal, install ❑ 3/4° tap on the plat v !' amine at a selected point: .here the pipe line crosses tine'propertar belong- ing to Lir. R. C. 'Young, said 3/411 tap to be the only tap allotted on the section A pipe line referred to herein. J @t f. That, anon completion of the installation of the Fort 1''lagler water supply line, the City of Port Townsend assume the responsibilty of maintenance - on s-id supply line, from the point near Roegan's Place to she Oak Bay Canal. r r Approval of this plan by the City of Port Tocrosend would eliminate the right -of- .. ay problem across .r. R. C. Young's •property 'without the necessity of resorting to condemnation proceedings and the resultant delnys ensuing therefrom, Inasmuch an any water .nfurnished Yr. R. C. Young would have Port To:•scnd ocmed pipe line as It source. '•:, ' This office plans to effect the construction of the Fort Flagler pip, line 'ny contract. This rtthod grill Hermit the pro•,er computation )f installation prices by units, so that the cost of the section to be purchased by the Cite of Port Townsend, as sugl;ested abovt, can be accurately calculated. There is some doubt in this offire❑s to whether permission can be o'otnlntd from higher authority for the use of ;rood Steve pipe. Therefore, specifications are b^_ing drawn to court mooed stave, cant iron, asbestos cement, spun concrete, and steel pint. .. It is hoped that the City Council of the Cit,,, of Port 7 o.:nsenl will give favorabl., consideration to the above sngresL'rd plan at an -arty date inasmuch a; final solution. of water supply problem for Fort Flagler is pressinr gly ugent. ,•. e Your,cooperati-)n in this matter is very much appreciated. ;. very truly* yoin^a, /s/ E. P. Antonovich E. , P. ANT011VIOH, o Lt. Col, Q.h;.C., L•onstz•utin, Quarter- r Proposed 1:odif'ication of ease nastcx•. TXDIFICATIO:: OF I:ASE Tp IC I::D 'TUrE., made in duplicnte this day of Lay, 1941, b•; and beta,!en Tea r,IT•; OF PC"' "'0. .=.;!D, a municipal rornovntt.on ,—rcj,, Stat, of asrlington (?Icreinafttr called the City), natty of the first part, and CRO:7:7 ZELLE23ACK CORPORAT:I011, a corporation �e (hereinafter called the Lessee), party of the second m rt, ':f IT::ESSETH : T;_,':S, the City and National Paper Products Company, a corporation, entered f' into a certain Indenture of Lease dated the 3rd day of L:arch, 1929, and recorded in Volume 3 of Lessee, page 250, records of Jefferson County, 7iashin6ton(htreinafter referred to as n th e - f .r r System therein de r- s e:at,•-works ❑ill st to a art of t..e ..it r the "Lease"), covtx•il:a a cart in p ./ 4 ccribcd; and the Lessee '.::rs succeeded to all right, title and interest of Said Rational Paper Products Compan;;' in, to and under said Ltuse; and y:j '2Ei{EAS, it is provided in pararraph 3 of said Lease that the City may make one connection with said venter=:•orks and system at a point outaidc oi' the city limits for the purpose of obtaining eater to nuppl,: to Radlock and ,rondale, Crater no supplied to be a part, of and included in tho 4,000,000 gallons of water reserved by the City as provided ! in said Lease, and said City, pursuant to the proviso and for the purpose aforesaid, has made and poet maintains a nix -inch connection with the main pip -•,line of said center -corks - and system, located at a_'�roxlnnttly Station 1G14; and F k. (continuied) Lease "iHER3A5, the City desires to supply :rater through said connection to a small Discovery Bay and to the United States Government for use on Indian Island and community on 6larrowstone Island, in addition to rondale and Hadlock, and the Lessee is willing to consent thereto on the terms and conditions herein set forth, 11C.7, THEREFORE, in consideration of the covenants and agrtcnents herein contained and of the sum of ;rl by each of the parties paid to the cothor, receipt of which is hereby acknowledgtd, it is agreed an follows: 1. The City's present six-inch connection aith the main pipe -line of said water- crorks and System, located at approximatley Station 1614, may be used by the City to supply the following users of water and on others: (a) Hadlock and Irondale; and (b) Users located on Discovery Bay ::ear what is known as "Four Corners"; and ® (c) The United States Government for use only on Indian Island and Marrowstone Island. 2. The size of said connection may not be increased without the written consent of the Lessee. The quantity of water diverted through said connection shall not exceed at any time 250,000 gallons per 24-hour day. The City shall install and shall maintain at ® all times in good operating condition an accurate crater mater on said connection for the purpose of measuring all water passing from the main nine -line through.said connection. S. Except as herin specifically provided, none of the terms and conditions of said Lease shall be deemed to be modified or affected by this instru:ent. Ili '.7ITi1ESS '"HEREOF, The City of Port 'Po•rmsend has caused thin instrument to be executed in its name and behalf by its Mayor and City Clerk and its corporate still to be q� hereunto affixed, and the Lesset has caused this instrument to be executed by its officers tbereunto duly authorized and its corporate seal to be hereunto affixed, in duplicnte, the ® day and year first above •written. THE CiTY OF PORT TO•ai1SEIID By Its Mayor Attest: its City C1er c CR077_I ZELLERBACH CORPORATIOI.1 Ry • is resident Bt Its Secretary is 3 ,n t , , , M ryli t" STATE OF '.:'ASKINGTol: COUNTY OF JEFFERSOIT �) 'l• i Ti1I5 25 TO CERTIFY: That on this day of i,iny, 1941, berfore Ise, II Notary 1, f Public in and for the State of Washington, du S�missioned and s•.:orn, personally appeared f naNh;;'p,.rYdt ,rx;: H. E. ANDERSON, to me known to be the Iiinyor, and , to me known to be the City Clerk of the City of Port Townsend, the munzczpa corporation t.rat executed the with •> `�.,4='"'d?,° �' in and foregoing modification of lease as lessor, a ••r 'rr- O i 1�+ , , nci a cl:no, leu..d an. the na_d inntT'L17!le nt A t)s tti. to be the free and voluntary act and deed fo said municipal' corporation for the uses anda'h purposes therein mentioned, and each on oath stated that ht was authorized to execute said h } qT th ,+' , instrurment•, and at the seal affixed is the corporate seal of said corporation. 3 r ' f, ',:'ITIIi3SS my hand and official seal the day and year in this certificate first ix above ::vitten. \� I �rtla4 +'.���t+�y. �wwy,r°f''1�dti'': ` + ?7• •OtAry Public n nIId for 1: C loft Of' ,n.l. t ishington, residing at. Port Townsend. 7^�t Sr 'ctyi Sirt STATE HAY[ ,`• l �_.,>� of CALIFORNIA V,j) as. CITY AND COUNTY OF , .. SAN FRANCISCO ) � r THIS IS TO CERTIFY: That on This day of May, 1941, before Iwo, a r) - Notary Public in and for the State of Californ a, duly commissioned and senora, personally {; appeared J. D. ZELLER3AOH ATE D. J. GOLDSbiITTI, to me knocrn to be the President and Scz•etary respective)%, of CRO7111 LLLERBACH CORPOI ,TIC-1, the corporation that executed the e:ithin r and foregoing instrument, as lessee, •end acknowlcdrred the Said instrument to be the free and f oluntary act and d-.ed,of' said corporation for the uses and purposes therein mentioned y,4�+ and each on oath Stated 'that he visa authorised to execute said instrwn,nt, and that the `A Y via ,w r+y seal affixed is the corporate seal of said corporation, yr ' r trrius r t '^ITMP:SS my hand and official seal the day and ycnr in this certificate first Y ,I above written. Notary Pub -Lie in and for t _e State a Of e, l F d California, residing at San Francisco. 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