HomeMy WebLinkAbout1930 - Easement - Eddy George / Eddy Bessie - 26389272638927
and In consideration of the sum of 44w iTund-rod
the other considerations herein mentioned, in
hcnd paid by the Torn or Tuzwilft a rmnibiryal cornorVtlon orr,
George Eddy Bessie Eddy
hereby grant and
convoy
unto acid
riloym
of
r7wrvila 9 its
successors
and
assicms C riv11t
or MW
over the property hereinafter described for any cantor pipes or mr.ins uh ict
May be laid by said Town of "T)A and the right to maintain such unter
pipes or mains, inclUdin,-, the use of so much lr-zd as Is necessary in lay-
ing down and mintaininC such pipes or mains, and the rIZht to enter into
and upon the lands hereinafter described for the purpose of layin:7 and
MllntainMr,-
said pipes or mnins end
also et all tiros in
the future
:r0rL
the purpose
of repsiring. inspecting
mud mainttining Said
Pipes or mains;
1�rovlded that in no case sh;nll such pipes or rains Interfere rith the
proper cultivation or any other use of the surface of the lands of the
perties hereto, 7"he easement herein referred to Is
particul-arly described
VS follows:
An or-sement 15 feet vride over and across Land
in the 14'. 7 1/4 of the S. IT. 1/4 and in 1% 7 1/4
of the 7: 1/4 of section 14 "1. 23 IT. r, 4 r.
p
the said onsement lying northerly and northwesterly
of the 1 1"011owing, described line: Conmencir at a
point on the northerly line of the To of Tukalla
the said northerly line being ooincident with the
northerly line O 1 7Tillman ll s Oepttle t Tracts"
es filed for record Novembnr iioth, 1903 where the
said northerly line of the Mown of "-luk in cut
by the easterly line of the riZht-of-wey ol" the
77 oattle-Taeam Ynterurbnn vilway- 0 thence easterly
along the said nort, line 660 feet, more or less,
to an angle; thence slong- n line bezirin..7, IT, 44 d!-
oroes
Is 43" E.; 840 fect nore or less, to the 'Iurf=ish
river,, v. nsvi., river under the control of the
authorities of the Vnited 'Itntes v,32 bein,2-, in 2an,-
County t 7aahin�,ton.
!1ut the description heroin :bone sot out shall in no uray bind Cco TT.
'21�ddy and 'wife, or either of Vnen, or their heirs or csaigas cs to Vaa
location of the boundary lines of the property owned by t.r, beilir-
et the data of this instrwmat a contr�vcr'sy na to the boundrry lines
I
of the spid 1 -.',ddy proms c.3-%1',
1.
It is understood and arced that the locution of the pipe line
riGht of nay nest be established and definitely plat -ed, to othor frith
specifications as to the raidth, of the rirht of' ray and an to the depth
at which the pipe line rill bo placed, which depth. must be ouch that
cannot be retched by ordinary cultivation, the top of trhich said pipes
shall be placed at least thi.a_ inches deep.
As a part of the consideration for the rrantin� of said easement,
the Tozn of W=_ ila a rues that when said water mains are laid across the
a bov o doseribcd lands, it rill construct not to e ;caod four (4 rigs onto near
the pi3000nt d7ollin- house on tho property- of the partios hereto, and one
on the golf course, and the othern There- the parties nay deoi3nate, and
said Torn mill cliaTGo for the use of water used from said pipe lino rates
no hiCher than tho rat of other custonors of the Lora of 'llukaila residin-
rithin the boandarien of Said Torn, and said Vator will be furnished under
the sammo ro3ulations cc apply to tho ronidonts of said To-Mq it beinG under-
stood, ho::cver, and a -reed that the riCht of tho parties hereto to us rater
from saic: pipe lino, as laid acrona the above described bands shall not be
linitod for donostio (hous and drinking) purnoeos, but nap be limited for
irri ration to the extent that ouch use shall not interfe e nits t1lo distri-
bution of eater within the co rporate limits of the Town of ^ukwila.
It is further aGroed that rhen said ri ht of ray is opened by ditch,
or otherrrise, no truce, horses or trac shall be rallotred to travel
over the lands of tho parties horeto, or on said right of way, nor shall
there be any such txr.vel over ouch ri ht o.- ray at any tiz:o in the future.
It is further aGroed that tho ditch for said pipe line shall bo
opened and the pipe line laid with the Greatest dispatch in order that
there shall be the ninir?u:a interference with the business of the parties
hereto.
It is further aCreed that this a roe=ent shall be limited to the in-
stallation of the presently intended pipe line, and that in ease the Torn
of Tula 7ilu should decide to put in a lcarGer main or lay any other wator
pain at the vidQ of the p*_'sserttly i *_coin, that such fut c2'ane
or addition shall be by a new contrcct and under the changed conditions,
if any.
It is further agreed in consideration of this lease that in the
1 event the said Town of Tu.kulla shall accept this easement, that it will
save harmless the parties hereto from any and all damages in connection
with the installation of said pipe line or the digging of said ditch in
case of accident to any person or persons, -or machinery working on or
about said right of war or pipe line growing out of being hit by golf
balls or for any other accident or thing that may happen to the work or
workmen who are employed by the Town of Tukwila in putting in said system,
and that said Town of Tukwila shall further agree to make good on any such
damages in case such be sustained.
The said Town of Takwila shall further agree to make good any and
all damages resulting to the property of the partles,or either,or any of
them, hereto from any break in said pipe line, or any damages resulting
to said property from or growing out of any work that may be done by said
Torte or the employees of the Town while going upon or working, upon: said
premises.
It is further agreed that the parties hereto shall have reasonable
notice of the intention of the Man or men who are sent to inspect or are
required to inspect the said pipe line on the property of the parties
hereto, and that failure to do this will give the undersigned the right
to keep any and all such representatives off the premises of the under-
signed; that when any person or persons shall be sent to inspect such
right of way, they shall be there for official business and shall not be
upon said premises in any other capacity whatsoever to the end that coming
upon said premises shall not be an excuse for spectators to come upon the
property of the parties Hereto.
It is further agreed for and in consideration of this lease that the
Town of Tukwila shall pay to the parties hereto the sum of One hundred
Dollars (1100) per day for each and every day or part thereof, any
Saturday or Sunday while the ditch on said right of way or on any part of
said right of way shall remain open,. and that said penalty of One '-hundred
3.
Dollars per day shell apply not only to the initial installation.
but It Is t4jireed scid omount shall be considered liquidated dpwr-,as to
grantors for siach durin- the poriod in the future t7vit said prartises are
used an golf links.
It is un-,jerstood end aSreod by thl!� rrtiea hereto, their helrG
executors or representatives or assigns for end in coniiderntion of the
premises that in case the said 'right of way shall oesse to be used for
the p urposes herein stated for a poriod of
months that Vais
agreement shall be null an(I void P the said a"ement shr cease and
all riwhts in connection 1-rith the strip of lead. hereinabove describe d
shall revert to the FTr-ntors, their heirs, are actors PdrAnistrators or
ass igns.
V1 V ?parties hereto have hereunto set t'heir h,
and seals this 3 day o )94"IA4� e" 1 1
T'
's I')
1
40
STATE OF WASHINGTON
SS
COUNTY OF 8 I N G
THIS IS TO CERTIFY, that on this day of
)4 64,. 1928, before me, the undersigned,
e Notary Public in and for the State of Washington, duly
commissioned and sworn, personally came GEORGE HENRY EDDY
and BESSIE EDD'Y', his wife, to me known to be the individuals
described in and who executed the within instrument, and
acknowledged to me that they signed and sealed the same
as their free and voluntary act and deed for the uses and
purposes therein mentioned.
WITNESS M'Y' HAND AND O SEAL the day and
year in this certificate first above written.
Notary Public In and for the State
of Washington, residing at Seattle.
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