HomeMy WebLinkAbout499784 DEED 072307t.
THIS TNDE311TURE, made the day,,of July, A. D.
1907,
between
Richard Teffs
and
Mary Jeffs, his
wife,
residing
near
the toi7m
of Auburn, in
the
county of King,
state
of Washing-
tan, hereinafter tailed the parties of the first part, and the
tovm of Auburn in the county of King, said state, a municipal
corporation
of the
fourth class,
organized' and existing
under
the
laws of the
state
'of Washington,
hereinafter called the
party
of
the second part, witnesseth:
That the said parties. of the first part, for and in
consideration of the sum'of two thousand ($2000.00) dollars
to theca in hand-paid -by the party of the second part, the
receipt whereof is hereby acknowledged, and for the further con-
sideration of the grants hereiriaf:ter "made to them by said party
of the second part, do by these presents grant, bargain, sell
and convey unto the said party of the second part, and to its
successors- andassigns, all of the following described real
property, water, and water-rights' situate can the county of King,
state of Washington, totivit: A certain strip of land lying and
situates in the southwest corner of the northeast quarter--of,
section eleven (11) , in township twenty-one (21) north of range
four (4) east -of the Willamette Meriditn, said strip being bounded
on the west by the west line of said quarter section, and on. the
south by the top of a ridge of land separating the north fork of
the creek or gulch at that point from the south fork of said
gulch or creek, and on the east by a line dravrn parallel with
the west line of said quarter section and 100 feet distant
easterly from said west line, and on the north by the top of
a- ridge forming the north bank of the north, fork of said gulch,
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each of the said west and east boundary lines being; extended
south along its course to its inter-secticn with the south
boundary line and north along its course tc its inter-section
with said north boundary line, s&id s :trip of land being hereby
conveyed to the party.of the second part as a point for storing
of waters and as a reservoir site • to be used in the s., stem of
water works provided for the tom of Auburn,?land all the right,,
title and interest of the parties of the first part in and to
all the water springs situated within said strip of land and in
and to all waters arising upon or naturally flowing into or
across said strip cf land; and also all of the right, title and
interest of the said parties of the first part, and their rip-
arian rights in and to the water springs and graters situate and
arising upon, or flowing upon and across tree southeast quarter
of tie northwest quarter of section eleven (11), in township'
twenty-'one (21) north of range four (4) east, (exc ep t*t, of
said waters which naturally flow and now flow down the south
fork of the gulch hereirnbefore and hereinafter described and
in and to all of the water flowing into or through the north
fork of the gulch and creek aforesaid. And the said parties of
the first part, for the considerations aforesaid, do hereby
further grant unto the raid party- of. the s econd part and to its
successors and assigns the perpetual privilege and easement to
lay down, construct, maintain, use, repair, replace and re-
construct, and to operate a line of steel or iron or other pipe
or pipes for the conveyance of the Water above mei ntioned, along
and under that certain strip of land throuE;h sections eleven
(11) and twelve (12) of said township and range bounded and des-
cribed as follows:
A s ir:ip of land ten (10) feet ,in width, being five (5)
feet in width on each side of the center lane thereof, ,0 ich
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center line ccr.:1nences at a point on the north and south center
line of said. section eleven (11) , 2186 feet due south of the
point where' said center line of section eleven (11) intersects
the section line between said section eleven (1l)-and section
two '(2) of the towns,'iip and range aforesaid, and froia said
commencement point, said center line of. said right of way runs
south 690 38' east a distance of 100 feet; and thence south
691) 38' east a distance of 102.8 feet.; thence ona curve 'raving
a radius of' 287.9.feet a distance of 113 feet; thence north
890 00' east a distance of 40 Feet;. thence.north 850 03' east a
distence of 71.5 feet; thence south 821 50' east 273,5 feet;
thence on a curve with a radius of 287.9 feet
101, 5 feet; thence ;youth 62° 43' east a dish
thence south 630 00' east a distance of 150.9
a curve Navin; a radius of 287.9 feet more or
12803 feet more or less to a pcin4 which is 5
a distance of
:once of 349.7 feet i
feet; thence on
less a distance of
feet ncrth'o-f the
east and west center line of said section eleven (11); thence
in an easterly direction o)%a line which is 5 feet north of and
parallel to the east and west center line of said section eleven
(11) to the section lane between said 'secti'ens eleven (11) and
twelve (12); thence in an easterly direction on a line which is
5 feet north of.and parallel to the east and west center line of
said section twelve (12) to the north and south center line of
said section terelve (12).
This grafit for said pipe. line being an easement only,
and all other righ.,- ti tle, interest and possession being rem
tained and reserved by the parties of the first part; and the
party
of the second
part, its
successors and assigns, shall
ex-
ercise
and use said
privilege
and easement in such fashion
as not
to unnecessarily interfere with the possession, occupation and
use by the parties of the first part,. their heirs or assigns, of
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4.
the surface of the soil for agricultural purposes, and the line
of pipe or pipes.to be placed, maintained or replaced in the
ground at such depth as not to interfere with the use of the
surface 'of the soil-for agricultural purposes..
And the said party of the second part for and in
consideration of the, premises and as a further consideration
for the above and foregoing conveyances, does by these-presents
grant, .bargain, sell and convey unto the parties of the first
part,
and
to their heirs and assigns
the following described
water
and
water rights situate in the
county of King, state of
Washington, towit: All of the right, title and interest of the
party of the s econd part in and to the waters arising upon the
southeast quarter of the northwest quarter and the north east
quarter of the southwest quarter of section eleven (11) in town-
ship t.rerity-one (21) north of range four (4) east of the Wil-
liamette ;~eridan, which naturally flows and new flours down the
south fork of.the gulch and creek tiwiich is located in the south-
west quarter of the northeast
and extends into and upon the
in arid' to all. of its riparian
to all of the ~ra,t er springs,
which riatura;;y flow down the
quarter of section eleven (11)
lands last above described, and
rights to said ;caters, and in and
the waters of which now flour and
.south fork of the aforesaid
gulch.
And t1he parties hereto, in consideration of the
premises, further covenant and agree that neither party hereto,
nor any person claiming under either of them, shall at any time
make any change in the channels of the two forks of the gulch
aforesaid,. or in an;.* ridge separating the two, so as in any
manner to change the natural flow of the waters in said forks,
or in nner make any changes so as to disturb the natural:. flow
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of the said waters, or the flow of the springs which naturally
discharge their graters into said forks respectively,
For the purpose of aiding the description as to the
location of t _e springs, hereinabove~referred to, and the locat-
ion of the tyro forks of the gulch hereinabiove referred to, and
the location of the. reservoir site hereinabove described, .and
of the commencement of the pipe line tzereinabove referred to,
there is hereto annexed and made a part of this instrument a
certain blue print map r irked "Exhibit A"
Whereas. one Timothy Evans and his wife are
tanants in possession of a part of the real e state hereinabove
described or mentioned, and are such tenants under the parties
of the first
party, now,
therefore, it is
understood and
agreed
that nothing
in this ins
trument contained
shall imply or
be
construed as. a warranty from the said first parties to the seco-
nd party of any right, title, interest or possession as against
the said Evans and wife; and on •the• co ntrary it is agreed that
the said second party, its successors and assigns, shall for-
ever protect and hold harmless the said parties of the first
part, their heirs. and assigns, against any claim for damages or
other claim of the said Evans and wife or either of them, ar-
.sing out of this instrument or anything done or suffered by
the party of the second part hereunder,
she agreement's and covenants herein contained on
the part of the party of the second part, and the execution of
this instrument on its behalf. by its mayor and tcvm clerk, are
provided for and authorized by its Ordinance No, 1230 approved
July 2nd, 1907,
IN WITNESS `THEREOF the parties of' the first part
have hereunto set their hands and seals, and the party of the
second part, by virtue.of its.ordinance aforesaid, has caused
6.
these presents to be subscribed by its mayor and town clerk,
and its name and seal to be hereunto affixed, all done and
executed in duplicate, the day and year .first above. written,
(SEAL)
Witnesses to the
,signature of
Peary Jeffs: _ (SEAL)
f
612
TI- E, TOWN OF AUBUMT,
STATE OF WASHINGTON )
)
SS
)
.COUNTY OF KING )
Tay.
MAYOR,
B y ~ _nT ~G
TOt6PT v7U~~~,f11i~o
THIS IS TO CERTIFY, that on this day of July,
A. D. 1907, before me, a notary public
in and for the state of Washington,_duly commissioned and sworn)
personally came Richard Jeff's and Tv'La.ry Jeffs, his wife, to me
known to be _ Uhe individuals described in and who executed the
within instrument, andacknovledged to me that they signed and
sealed tke same as their free and voluntary act and deed, for
the uses and purposes therein mentioned,
And at the same time and place, before me personally
appeared A. H. Meade and George C. Meade to me knovrn to be res-
pectively the mayor and the to=rn clerk of the tov..m of Auburn,
a municipal corporation. of the fourth class, organized and
•
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existing under the lairs of the state of Washington, which
executed the within and fcregoing instrument, and acknow-
ledged the said instrument to be the 'free and voluntary act
and deed of said municipal corporation, for the uses and purposes
therein mentioned, and on oath stated that they were authorized r
to execute said instrument and that the seal affixed is the
corporate seal of said corporation.
IN Y-TI N1,SS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
o ;T~I'"bx in and for the state of
Washington, residing at Auburn.
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