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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, A 2 e 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 30 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 .f 1 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 A a. 0 5e 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 • 7, 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. ,r t i 9~~ r :-OM : 1 1 ra. P 1 ~f 1, i 11. I tla r: ~ e ~ ~I `t ! 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