HomeMy WebLinkAbout00255 MINUTES OF THE REGULAR SEGnION OF THE CITY COUNCIL MAY 23 1944•
498
MINUTES OF THE REGULAR SEGnION OF THE CITY COUNCIL MAY 23 1944
referred to as the "Existing Lease"), and it is now necessary to replace
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certain portions of the pipe line described in Schedule A below, and
will probably become necessary in the course of some five or more years
to replace part or all of the portions of the pipe line described in
Schedule B below, and the City desires to mare an arrangement for said
replacements whereby the cost of the same will be advanced as required
by the City and repaid out of rentals of the system accruing under the
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terms of this lease,
NO'.7, T11LBEFORE, It is agreed as follows:
1. The City hereby lenses to the Lessee that part of its water-
works and system lying outside of the limits of said City, more
particularly described as follows:
iThe
headworks and the diversion dam on Snow Creek, in Section 4,
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Township 28 North, Range 2 hest W.M., Jefferson County, Washington,
and the pipe line and right of way leading from said head -works and
diversion dam in a general easterly direction to n ,junction with the
pipe line constructed from the Big Quilcene River in the northwest
quarter of the southwest quarter of Section 1,Township 26 North,
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Range 2 West, W.V.; also the headworks and diversion dam erected
under the plan or system known as the "Big Quilcene "later Extension
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Project", which dam is constructed across the Big Quilcene diver
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immediately below its confluence with Tunnel Creek at a point located
in Section 31, Township 27 North, Range 2 West T.M., and within the
Olympic National Forest, Jefferson County, Washington, together with
right of way and pipe line from said head -works on the Big Quilcone
in an easterly and southerly direction to the south line of Section
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33, Township 27 North, Range 2 West, W.M.; thence in a northerly
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direction to a junction with the pipe line from Snow Creek, in
Section 1, 'Township 28 North, Range 2 ",test, W.M.; thence in a norther-
ly direction across Section 6, Township 28 North, Range 1 West W.M.,
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to the north line of said Section 6; thence paralleling the City of
Port Townsend's water line from Snow Creek (known as the Olympic
Gravity "rater System) in a general northerly direction to the souther-
ly boundary line of the City ofPort Townsend; also the storage basin
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formed by City Lake, situated in Section 19, Township 29 North, Range
1 West W.M., together with the real estate owned by the City of Port
Townsend surrounding the same, described as the northeast quarter
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(NE.;) of the southeast quarter (SE:}), the southeast quarter (SQ)
of the northeast quarter (TIE;); and the south halt' (S-) of the
northwest quarter (NW') of the southeast quarter (SE ), all in
Section 19, Township 29 North Range 1 'hest W.M., together with all
water rights, permits, easements, rights of way, diversion works,
pipe lines, storage basins, reservoirs and all other equipment and
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appurtenances of every kind and character, real or personal, used
or useful in connection with the operation of the portion of said
system hereinbefore described, whether now owned by the City or
hereafter acquired; but excluding any pipe lines used in connection
with the sane to supply customers of the City of Port Townsend out-
side of said City, and excluding any part of said ',waterworks and
system within the city limits of the City of Port Townsend, the
property hereby leased being that now under lease to the Crown
Zellerbach Corporation pursuant to the Existing Lease.
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2. This lease shall be operative and in force for a period
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of ten (10) ;years, beginning:, on October 1, 1958.
3. The Lessee skull have full possession, control, Qse and on-
joyment of said part of said waterworks and system hereby leased
throughout the period of said lease, except and provided that the
City reserves from said water supply flowing through sold waterworks
and system a quantity of water sufficient to serve the demands of
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all present and future consumers served by the City, either within
or without the limits of said City, including such water as may be
needed by the City for its own purposes, not exceeding, however,
at any time, the maximum amount of four million (4,000,000) gallons
of�water in any one day, which water so reserved shall be taken by
the City at the city limits, by the City there maintaining a con-
nection with the main pipe line of said waterworks and system
located at approximately Station 1614, and may use said connection
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to supply the following users of cantor, and no others:
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(a) Hadlock and Irandale; and
(b) Users located on Discovery Bay near what is known as "Four
Corners"; and
(a) The United States Government for use only on Marrowstone
Island; and
(d) Chimacum,
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which water so supplied to said users shall be a part of and in-
eluded in the four million (4,000,000) gallons of water reserved
by the City as nforosuid, on the following terms and conditions,
namely, that the quantity of water diverted through said connection
di:all not exceed at any time 300,000 gallons per 24-hour day, the
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valve located on said six-inch connection will be kept locked in a
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UTES OPTHE RZGULAR SESSION OF THE CITY COUNCIL, MAY_23, 1914
position to pass only said maximum amount of 300,000 gallons per
24-hour day, and the City shall maintain at all times in good oper-
ating condition an accurate water meter on said connection for the
purpose of measuring all water passing from the main pipe line
through said connection. If the City at any time during the term
of said lease should desire to develop the water supply from Snow
Creek to moot its additional municipal water needs, the Lessee
shall, upon request of the City, enter into an agreemnet that the
City may so use the Snow Creek crater supply and that the City may
build a pipe line on and along the right of way hereby leased, to
the City, for the purpose of conducting water from Snow Creek to
the City, and the Lessee shall execute and deliver to the City,
when so requested by the City, all necessary subleases, assignments
and transfers to afford to the City the full use and enjoyment of
the Snow Creek Water Supply, in addition to the four million
(4,000,000) gallons daily reserved to the City from the Big Quilcene
Water Extension Project. '
4. (a) The maintenance and repair of that part ofthe water-
works and system hereby leased which Inknown as the "Big Quilcene
';later Extension Project", as described in Ordinance No. 947, shall
devolve upon the Lessee, and the Lessee shall, at its own cost and
expense, maintain and keep said waterworks and system known as the
"Big Quilcone Water Extension Project", in good and reasonable state
of repair at all times, reasonable wear and tear, deterioration
and obsolescence excepted.
(b) The maintenance and repair of that part of the water-
works and system known as the "Olympic Gravity Water System", with
head -works on Snow Creek, shall devolve upon the City as Lessor,
and the City shall, at its own cost and expense, maintain and keep
that part of the leased property in such a state ofrepnir as shall
be necessary and proper, so long as the same continues to be used
in connection with said system; but the City, at its option, may
discontinue the use of that part of the system in connection with
that part of the system leased to the Lessee.
(c) Immediately upon this lease becoming effective, the
City will proceed to replace the portions of the pipe line described
In Schedule A below with pipe of a character and construction equal
to or better than that, when new., of said pipe to be replaced. If
at any time or tithes hereafter, during the term of either the Exist-
ing Lease or this lease, it shall be determined, by ;joint agreement
of the cityes Engineer and any duly qualified engineer employed by
the Lessee for the purpose, that by reason of deterioration it is
necessary to replace all or any part of the portions of the pipe
line described in Schedule B below, the City shall immediately pro-
ceed with sr•.ch replacement or replacements with pipe of a character
and construction equal to or better than that, when new, of the
pipe to be replaced.
Schedules A and B referred to in this lease are as follows,
all data as shown on the condensed Profile of Gravity Water Supply
Line from the Big Quilcene River, prepared by Messrs. Baer &
Cunningham, Engineers, dated October 11, 1903:
SCHEDULE A
Portions of pipe line originally constructed of plain wood
stave pipe as follows:
From approximately Station 1500 to Station 1580, and
From approximately Station 1680 to Station 1720.
.SCHEDULE B
Portions of pine line originally constructed of plain wood
stave pipe as follows:
From approximately Station 810 to Station 820, and
From approximately Station 1005 to Station 1050, and
From approximately Station 1085 to Station 1095, and
Prom approximately Station 1205 to Station 1215, and
From approximately Station 1360 to Station 1375.
(d) The actual cost to the City of any and all of the replace-
ments referred to in clause (c) of this paragraph, including all
reasonable and proper engineering expense (but not in excess of
the total reasonable cost of making said replacements) shall be
advanced by the Lessee and shall be made available to the City from
time to time as funds are required for the payment of said costs,
all as hereinafter provided. 11
For all purposes of this paragraph 4, the term "City's,
Engineer" shall mean any duly qu-lif•ied civil engineer of the
requisite training and experience to engineer and supervise work
of the kind and character herein contemplated, selected and
specially employed by the City for any purpose or purposes set
forth in said paragraph. All replacements provided for In this
paragraph shall be made under the supervision and direction of
the City's Engineer.
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