HomeMy WebLinkAboutA 07121902TRIS AGREEMOT made this 21st day of July, 1902,
by and between the SEATTLE ELECTRIC COMPANY* a Washington
corporation, hereinafter sometimes caller the Company, party
of the first part, and the TOWN OF FMTOH, a municipal cor-
poration of 'the fdurth class of the State of Washington, herein-
after sometimes called the Town, party of the second part,
WITNESSETH: 11
1. The company hereby grants to the Town, subject
to the conditions, restrictions and reservations hereinafter
contained, the right to take and use water from those certain
springs, known as Crystal or Renton Springs, sittuated in the
northwest quarter of the northeast quarter (NW* of NBJ) of
Section Twenty (20) , in Township Twenty-three (23) north of
Range Five (5) east of the Wilammette Meridian, in King County,
Washington, the same being situated within two hundred (200)
fe6t of the north line of said Section twenty (20) and about
three hundred (300) feet in a southwesterly direction from the
northeast corner of said NSt$ of MCJ of Section twenty (20),-
and
20);and also the right to construct, maintain and operate a flume or
pipe line across lands of the Company in the following locatl6nil
namely; Beginning at headworks at said springs and running thence
on a line following water level around the face of the bluff,
with a fall of five inches to one hundred feet and on or near
a line surveyed and staked as shown oh the plat hereto attached,
to the northwest corner of Acre Tract numbered thirty-seven
(37) o as shown on Plat No. 1 of Renton Co-operative Goal Com-
pany0 s Acre Tracts, now of record in the office of the County
;Auditor of said King County. The Company also grants In like
manner to the Town the right to take and use the water of
Clear Brook, so-called 11t a point described as follows:
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One hundred (100) feet higher than the railroad track of the
Columbia and Puget Sound Railroad Company at the point wnere said
track crosses the east line of -the southwest quarter of the south-
east quarter of said section seventeen (17) and about five
hundred ( 500) feet up said brook from said railroad track, and
also the right to construct, maintain and operate a pipe line
down said brook to the nearest point on the right of way of
said railroad.
2. The said rights hereinbefore mentioned are hereby
granted by the Company to the Town for the period of fifty (50)
years from the &ate of this agreement, subject to tho conditions,
restrictions and reservations of this agreement; and it is hereby
further agreed that said rights are granted subject WL t h(; con-
dition that the Town shall., at all times during said term, com-
ply with all of the provisions of this agreement.
3. The Town shall within nine months from the date
of this agreement construct aad complete headworks at said sprirag,
and a flume or pipe line connecting said springs with the inter-
section of Fourth and SmitherL- Streets in said tovun, and shall
have said water system eo"apleted and in operation on or before
the expiration of said nine months.
4, None of the rights granted by this agreement shall
be assignable or transferable without the written consent of the
Company, it being the intention hereof that sand water system
shall be a municipal system, owned, controlled and operated by
said Torn, and in no ca.we by any private person or persons, cor-
poration or corporations.
5. From and after the time of completion of said first
described flume or pipe line the Company ;, its successors and
assigns, shall have the right And shall be permitted by the
Town to tap the said flume or pipe line at any point convenient
to the ComDany, its successors or -assigns, and take therefrom
such ausnity of water as the Company, its successors or assigns
may elect, not exceeding sixteen thousand (16,004) gallons of
water in any day of twenty-four (24) hours.
6. The Company, its successors and assigns, shall at
all times have the right to make excavations of any character
whatever in and under the land on Which said springs and brook
are situated and in and under said flume and pipe lines and in
and under any adjoining lands of the Company, its successors
or assigns, now owned or hereafter to be acquired, for the
purpose of reaching any rAine or mineral claim of any character
whatsoever and extracting minerals and metals therefrom and
otherwise working the same, and in case by reason of any such
excavation or other work of the Company, its successors or
assigns, the flow of water in said springs or brook is entirely
',ut off or destroyed, or is impaired in any respect, either as
to quanity or quality, the Company, its successors or assigns,
shall not be liable fof any damages or injury caused thereby,
It being hereby agreed that said, Town consents to all thereof
and assumes all risk of such damaged and injuries.
7. The Company, its successors and assigns, also
reserves the right to excavate for coati., clay, shale, sand and
other material on the surface and under the surface of the
r ,
land where said flume or pipe lines shall be constructed, with-
out any liability for damages or injuries, and in case any such
excavations is made by the Company, its successors or assigns,
said Town shall support and maintain its flume of pipe lines
at its own expense, notwithstanding ansa such excavation or
excavations, while any such excavation is in process as well
as theretofore and thereafter. The Company, ,i.ts successors
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also reserves the right to construct and maintain reasonable
crossings of every kind across said flume or pipe line at
such places as the Company, its successors or assigns, may
elect.
8. Said Town shall at all times keep its flume or
pipe lines in good order and condition and prevent any flow
of water therefrom, and shall promptly pay to the Company,
Its successors and assigns, any and all damages and expenses
which may at any time be caused to the Company, its successors
or assigns, directly or indirectly, by any leakage or break
In said flume or pipe lines.
9. In case the Company elects to sell in small
tracts of --ten (10) acres or less the surface rights in its
lands where said springs are located, the Town shall have
the option of purchasing the surf ace rights in ten (14 ) acres
of land where said springs are located at the price which the
Company shall offer said surface rights for sale,. such option
to be exercised within thirty (30) days after written notice
thereof shall be given by the Company, its successors or assigns
to the Torun, but any sale to said Tovn of the ground where said
springs are located shall be of the surface rights only, the
Company excepting and reserving all mines of coal and other
mines and mineral deposits of any character whatever thereto-
fore or thereafter di scolered with the right to mine for and
extract the same at any time thereafter, and the right to
make excavations for the purpose of reaching and working any
mine or mineral claim and working the same as hereinbefore
provided.
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In case anything herein contained conflicts
with the written agreement made by the Company with J. R.
Miller, dated December 9th, 1901, whereby the Company agreed to
sell and convey to said Miller or his assigns certain lands
and also grant to him or his assigns certain rights, or in
case anything herein contained conflicts with either of the
indentures made by the Company in favor of the Renton Clay
Works, a corporation, cated July 7th, 1942, by which certain
land was conveyed and certain rights granted by the Company
to said Renton Clay Works, this agreement shall be deemed to
be subject to the said agreement made with said J. R. =filler
and to the said indentures in favor of the Renton Clay Works,
and all property -and rights granted or agreed to be granted
to said J. R. Miller or his assigns or to said Renton Clay
Works, by said instrument or any of them, shall be and hereby
are excepted and reserved out of this agreement.
ll. The rights hereby granted are granted only to
the extent that the Company is the owner of such rights and a
has a right to grant the same. Nothing herein contained shall
be construed as a grant of any property or rights whaterer not
owned by the Company. No warranty or covenant of any kind In
made by the Company in executing tbi e agreement and no warranty
or covenant is to be implied from anything therein contained, ,
and in no event shall the Company, Its successors or assigns,.
be liable for any failure of title or any incumbrance or
adverse claim affecting the ,rights herein mentioned.
12. This agreement shall be duly accepted by ordinance
of the town of Renton within three (3) months from date thereof,
w and if not so accepted, this agreement shall thereupon terminate
and ipso facto become null and void.
IN WITNESS VHEREOT the Company has caused these
presents to be signed by its president and secretary` and its
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corporate seal to be hereunto affixed, and 1
caused these presents to be signed by Its Mayor and To -Fn
Clerk and its corporate seal -to be hereunto affixed the
day and year first above wrl tter..
THE BATTLE MACTRI C COMPANY
Corporate seal By .�, Z.FUr�TH�_..._. ......_.
President
And by t#EO. DONWORTH
Secretary.
Town of Fenton
Corporate Seal By MAYOR AND TONT CLERK
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