Loading...
HomeMy WebLinkAboutord1979-022DATE July 5, 1.979 INTRODUCED BY: Roehl PROPOSED BY: Water District #16 ORDINANCE NO. 79-22 AN ORDINANCE GRANTING 25 YEAR FRANCHISE TO WHATCOM COUNTY WATER DISTRICT NO. 16 TO INSTALL, OPERATE AND MAINTAIN DVATER MAINS AND WATER DIS- TR-"L'.BLJTION LINES ALONG CERTAIN ROADS IN WHATCOM COUNTY, WASHINGTON WH'E,RE.z'%,S, Whatcom Ccu.nt.y Water District #16 applied for a ;Franchise to install, i.-)�perat.e and maintain water ma-ins and W<1te-1_- c-:,long (�ertain roads in Whatcom County, 10as,311ington; an,:i WHEREIV")., nnot-_J.c-.e of hea-r-ing on sa.i..d application was pub- lished in Bellingham Herald, the official County news- pap(.: r, on the 13t.1-1. and 25th days of Jul-y 1979, .21-i-i t1he manner c�na Form required by Charter and said notice contained a descript'Lon of the roads involved; and WHEREAS, public hearing on said application was held be- fore the County Council on Juice__ 1979, and persons appearing were accorded opportunity to speak in support of or in opposit-ion to said franchise; and no one objected to said proposed franchise; and WIIEREAS,.the -applicant has in writing, accepted the terms and conditions contained herein and said Acceptance of Fran- chise is on file with the clerk of the Council; 1,110W, Th1�11REF0:51-E, IT IS ORDAINED that a non-exclusive water distri- but.'L'(.-)I,l is aranted Whatcom County Water District No. 16, its Successurs al',,d. atssigns, here.]L-nafter referred to as "grantee", for a period of tv,.,,entv -7;.-.iw- years from and after the date of approval of this — t';) conSt.U.'LICt, ic operate and maintain water mains and all, 'A 111"Id I L .1 ..res J_n.. , Ter, along and over tille following A:oa,l, nd county rope;.rty in Whatcom County, 'So�_�'7­11i- � artcr: of -'-_.he Southc;ast quarter lyirig ()1 E' n' line of eek; tl-,(,- East one-- .east ;Dne --cia.rte-r of the Southwest quarter of the South- 11 situ--:.tf:,d in 8, Township 38 North, Range 3 L,(-, Northwest quarter including the Northwest- quarter of the the QUar ter of the Northwest quarter lying 'Afilsterly of !C.Ine C,M. S'F P. & P Railroad Tracks Centerline, 38 North, Range 3 East of W.M.; the f fe(_i of the Northeast quarter of the North-- is the including easement, AF Number 1124559; c'n JI f of th., c1u,--o--ter of the Northwest quarter; the of- t'5a N.rtllwc�s+ ni,axter: the entire Northeast quarter; 38 -North, PLaage 3 East of W.M. -�te J'.n S(-.1Ct.m._-'r1 j_ I C" I I of ('Inq to conditions of Section 9.30 that no exclusive franchise IF shall be granted for the use of any street, road or public place, and s-ahecting all franchises to the power of eminent domain and the right of the Council or the people acting for themselves through 'the initiative or referendum to repeal, amend or modify the franchise in the interest of the public, which rights are ex- pressly r.eservedl; and further on. the condition that the franchise x.t.sel ch.a.11 ha�,,e no value i.n any proceeding under eminent domain. If the gran -tee seeks renewal_ of this franchise at the end of this term and has observed the material terms of the r ,, cli i. shall. not be unreasonably with - t f i:1::;TD.:.'i1_._ 1_.. j I ". ID k°;'E?V-1--l., 7 Le( - .rpori the followl:ig additional exl-'Y:i'.-'s te_"`llis 11 CP, <<C.)T`LdJ.1.- 3'..C'I "'. 1, 'C .(.)1t I , i;.. t s 3 :i.d gra.rrt:.ee., its successors and assigns, shall t-(. Fr"1ter aeon the above -- rnenti.oned county r igI,!t S-.J:;.: --,'Vay and ot:.her county property as designated herein - L7or tii pur los,:. of c:on.3tYucting its transmission lines and all rTC_L.c:. - ;iC.rl.7 f ac -J.A .Lies connected th` rewith, and for repairing all_ such I J.. . .s 311d -F."c +_ 1.'.'i. l_C�S , II_r1, 1 3tinCt and ma7..r;talnl_r7g said 7.1rreS ;7;.::. ;.' _ )?'! {._4... All i'.(:iflSt: :xl7 .:i:.!C:% i carlf.d ins'Lallation work along, under or ov -r county roads or right sR -c)f -way or other_ county property outside of .h� ::or_r:crar...c limits c, f: -r;.y .i:nc,orpor_<�ted o.a':ra shall be subject to and 'pass t:h , in.spec tion of the County Engineer, and shall st t- -e_ ancl federal minimum standards, codes i c r s the Voll,rL.I expressly reserves the right to pr_es- cr:L,51, hovi a.nd wl:,(_ -!re main:., ___i.nes, wires, shall be installed. a nd rtay T r(:)Irl t::IL,,u ' to t.iit'te —oon r ?a:i(-.)nable r ?o "`.:.ice require the removal 1. n t S "i':r::l ciCe1 -f n' t'1['re -)f _i.r t:.hr, isabl. is 4 nt: erest. m : n, Prio.t:, to tilts C1:]I1llnO1lcement of construction of said '•.:1:'�litc f[t:T_� :;1C ?Tl ± 3.].tt?S or f ciCI L I tIE'S , grantee shall_ first file with the CoulTt`, Engineer its a.PpIicat_i.c::n fo-r perrait to do such work, together a _ ciFi r:.:il tl O nns cn i( :) _ in. duplicate shO,,,:i_ng the position and 1cDcatJ1_,-act of all such li_ilF>:3 an.d. fac.- Llit.1_es sought to be constructed, la:i';:z, LI-Ist:a.11ed a_ erected at t_liat time, showing their relative posi -- ti.on to existing county roads, rights -of. -way or other county property upon plans drawn to scale, he.r^inafter collectively referred to as the "man of definite location." The lines and appurtenant facilities shall be laid in exact con- formity with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County 2 -0 9"he plans and specifi- ')y gran-ee. j., ­a o mate�rial and equipment ;I L�ia cz.." type to 1-Is'ed, Of (?;.--.cavat`Lon, cons truct-ion, backfill, erection of 't e Y. �P, ot, 'S. t r u c z i-";, -ria s , erec1L:.1.011 of 1_-)ermanen1C. structures, traffic con- and obstructions, etc. No such construc- ;aitl? out the grantee first securing a written e :i r -L L. the County Enyjin-el.3r, including approval endorsed on one Specifications rett.-urned to the grantee. All such wos_-k sLiali be to the approval of and shall pass the inspection '-_Tra3.nte(? sf-,.all pay all. costs of and ex- of the I c ".! 1, ]l "TIS ection and approval of such E�'. i­ S K' in WC.-k �,CCO L!,"I. t. granting the said permits. 1, -iv � -)rk tii.ch requires breaking of soil of the Ji-V. ai -ic (.-_­,:inty rc..)aJs, 017 (.)tlher county property subject to this -ig, disconnec- for tl--ie pul-p'ose of la,,"in(.-, relaying, connecting, 4- r-- the said transmission lines and facilities, and L. C_�r :L1C'LY19 - mz--iking connections between the same to structures and buildings of consumer .s, ar making connections to other facilities of the grantee now in exi.stence or hereafter constructed, the grantee shall be governed by and conform to the general rules adopted by the officers charged with the. supervision and care of such county roads, rights- of-•way, and other county property; and the grantee at its own expense and with all convenient speed shall complete the work for which the soil has been broken and forthwith replace the work and make good the county road, right-of-•way county property and leave the same in as good condition as before the work was commenced: Provided, however, that no such breaking of the SOi.1 on the county roads, rights-of-way or other county property shall be done prior to the obtaining of a permit issued by the County Engineer., Applications for such a permit shall. be, accompanied b�-,r- specifications f,--)r the restoration of the COUX).ty road, riqlhL_ _of _.W ay or other county property to the same condi- tion as it was -f:_)rior tcj such breaking, and such specifications must be app-rove-1-1 by Lhe County Engil-leer before such breaking of the soil is coirrfic_,nc[ -A; p:_ro,A(-.ed Fu-rther, that. the Whatcom County Engineer may re,';uire a perf.ormance boned in a s,= sufficient to guarantee that such county roads, -way or other county property shall be restored to the same cond-lition as it was prior to such breaking of the soil, the artiount of said bond to be fixed by the County Engineer. The grantee shall. pay all costs and expenses incurred in -the examination, inspection and approval of such restoration. The County Council may at any time do, order, or have done, any and all work that they con- sider_ necessai-y to restore to a safe condition any such county road, 3 or other county property left by 'C.he grantee or its agents in a condition dangerous to .-Life or property, and the grantee upon shall pay I.-.o the Cclanity all costs of such work. 1 C! on S r t'! CT " 0A , 11 L Is.,3 u- liation of sch lines and !"Ir r'elocation of tlie­ same, performed over, --of-way or other county .j ur k,L,(,,d A U f,_ r i q h t _'Lran_(::'111i.-: sh.111 be done in sucl-i a manner as not "o 'Oj,it['! t"hu- and maintenance of other utili- or privar-L, drain:-:,,, draina,.�e ditches and struc- grading or improvement of such t u. loc,�,ILL•d t_-ne C c, L., n r U C! (IS othcr county property. 111he owners of ,03 Lities, )Lic or pi: -vate, ins Called in such county roads, 4 17 2. ,h S, 0 YJo,l (Dt.h(-..!r (-.!ouzA-..y prq?ertW pru.01- in time to the lines and J, 0, jrante shal-I h; ve preference as to the positioning -A wit.h respect to the gran- a, "Ich utll -1t, Sc 11istalle ­C, a . iv e, ch p.�.:eference shag.]. coatini.,ie in L-he event of the necessity o.-E changing the gra.de of any such county road or right- A1.1 work um,(.R.�r this franchise shall be done in In the laying of transirRission lines a .nd a (Jh(_! Of ot-l-ler facilities and the opening of trenches, Un.c.-er co,.u-.-Lty riqlits-of-way or other county pro- n trenches, ditches and tunnels in gra,-A­... �--;hali le,-ave sutc El. Veil v to L`.-Ltle as possible with public travel ,_--ake., ;AAL due euic-1 nece scary precautions to guard the same, ,so tjjj,� da:iiaqc­ o:,,: injut:y h.all rcpt. occur or arise by reason of such ioqll of such treriches, ditches or tunnels are left opc:�n L'It night" the grai�-itee. s:11-iall place warning lights and barracades at .such a pos.'i.A.-ion as to give adequate warning of such work. The grantee shali be liable for any injury to person or persons or damage to property E;ustained 'through its carelessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the grantee. SECTION VII. The County of Whatcom in granting this franchise does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this franchise shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads, rights- of• way, and other county property covered by this franchise. SECTION VIII. If at any time the County of Whatcom shall improve or change any county road, right-of-way or other county property subject to -tlnis franchise by grading or regrading, planking or paving the- same, changing the grade, altering, changing, repairing or re- C4.1.itieS )-ocatir-.ig. Lhe or by corst-ructing drainage J`a or in the event. that such county road, right -of -way or other county property. subject to this franchise shall become a Primary State Highway as pro - vided by law, the grantee upon written notice from the County Engineer, or the Director of Highways, shall, at its sole expense, immediately cha.z]ge the 1ocai-_J_()n or readjust the elevation of its transmission l ..r, s Ind ather facilities so that the same shall not interfere with :_;U,('h cc, .rt(::r wor'cK, an(:l so t';:(,at sLZC::h lines anal. fac..lities shall conform tc) ....1( .. ( }1:' F"C"U'tes i_ :Ll%].y ?:)( -'. estab.la_she_d, thG County of 1,:7 w._, b .«e_1- linable for arty (arnages to said grantee CJ(''cur.' ,?Y ; "( , "i1;:70:;:e of ci;1V ')?'.: the COl l7ty'f3 1.InprO'JesTtel]tS, changes or ;vG_-lr -S ,.....:0Ve '[li';[TL:_CaLe "�".�. 1`.I. 4 (:_i].. o 1i� e t . :1. � �k t c.. perf(�rm.= by the grantee shall tie ,Crider t;Le direct.ion and approval, and shall ps -_ is . _.].(_ii :., of t :hc=_ 'Coat;.ty Engine-(_,r. The grantee shall pay all COE CS 1.IL a.Fla e_X >c.IIse. ; in %u..rrec? in the examination, inspection and ap- prc: v 11. of sucrI : c,rk:. IX., The . a- ,IJ_.r!q, c,orlsi::r- u:,ti_nn, operation and maintenance l: nd .f a -ili ties authorized by this f: 1 Ia0 1) a- c.1.l]C10- 'C' -�untv of Whatcom, its agents or bla:) in g, gracing, excavating, or doing other ""Gcll :V, rk C'O'].t7..Cj'u0i 3 ..G c - he sa,i 1? nCS and faCllZtleS Of the ;l-ie grantee shall be givan forty -eight (48) h() S i c:; {:l_: e c% :7: i_(..l 1:)].dstincT or of Ze:r work in order that the grantee ma; i':_ ,f :.C,c +: :Lts 1J.n 's <anci faci_lit.a_,�s. Sk c_ '.II0N' N. Before ri.ny wol-A is pe- rformed under this franchise r ,] c}l L :FeC` "r. ,-.CI.y C'x]_S }- it"1cT Or Tilar,tCe?rS Of any nature re- l:xt:i.:l.:. 'Lo f).!..at.s, roads land all other surveys, the gran - r:<:(:: all.. such and markers. Th.e reference thc:!y will riot disturbed during the (jr.. 'a 111. :3 (?po- .rat - _ions ui-Ld r t',IZS franchise. The method of referencing 111('Inu'i`:lents C`i_ other )O.].:i ;.:i t:(::) be 1=eferenc;,d shall be approved by .la. C,c ur.U-_ -y :i,Ilc;il,eea: -. The re placel�tent of all such monuments or markers tl.i..sturbed du..;::i.ng construction shall be made as expediti- OU ly a.s conditions permit., and as directed by the County Road Engineer.. The �:.),Dsts of monuments or other markers lost, destroyed, or disturbed, and the. expense, of replacemelit by approved monuments shall be borne by the grantee. A complete set of reference notes for monuments and other ties shall.. be filed with the Whatcom County Road Engineer's Office. SECTION XI. If at any time the County of Whatcom shall vacate any county road, .right -of -way or other county property which is subject to the rights granted by this franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right -of -way or other county property for the use of Whatcom 5 t .-y or gover:amental capacity, then au-cil na at its option and by giving thirty noticE--: to the crantee terminate this franchise Lr) such co-,int), roac.'I, right of way or other county 3.- C . , d -1 -the C-o-mltv of Whi-atcom shall. not be liable fc)_� (-"r 'Loss to thc ur.­,ntee by reason of such termina- L -i YI gra'It:E`(' accept­ance� of the privileges does he�reb,v aarce to protect and save harmless r a - t c; h e:,-, c u i �.c i 3 a: c)• fro.m all c"LaLms, actions or damages of every whicii occur to or be suffered by any Pe car-)or_at.ioIi cn.- property by reason of the con- --ion and r,,iaint.enance the grantee's said trans- mi,�sJ or� line's ar;Cl _es;, case that stait or act-ion is h aaain-st Count— of Whatcom for dam,aces arising out Of the causes, -the grantee will A- J-Y J_ to h.-.i m of the ccmuriencement of said action defend the sol"., 1,.-ost anJ and in case judgment shall the of Whatcom in suit or action, the -117 u t 1_y s -,itd.-s..Ey sz d j �,dq,.Tient within ninety (90) (lays a - L said a -_--tilon shall have finally been determined, if to N"I'lat-.com C.ountv. Upon the grantee's -to sati,:.;iy said judgment- within ninety (90) days period, ti-is s}-.all at. once cea.se and terminate and the County of V4'1-1.atcom shall have a lien upon the transmission lines and all other facilities used in the construction, operation and maintenance of the grantee's transmission system which may be enforced against the property for the full amount of any such judgment so taken against Whatcom County. Acceptance by the county of any work performed by the grantee at the time of completion shall,not be a grounds for avoidance of this covenant. SECTION XIII. This franchise shall not be deemed to be an I, -'I E L �_;,O-Llnty of Whatcom froiT". granting other franchises of a like nature or fri�r,,chises fcr- ether public or private utilities, under, along, across, over and upon ar)y of the county roads, rights-of-way, or ct.her ct-.)unty f?rop.� irty subject to this franchise, and shall in no t. ay prevc-.nt o.r p-rahiblit -1-:he Cr.-.,unty of Whatcom from constructing, altering, Tiiaintaining, using, or vacating any of said roads, rights- of•wav, drai.nacie, structures, irrigation structures or facilities, or any oth,-,�.r.' ca-a.ilty proper t,.,,, or affect its jurisdiction over them A V , W, or any part. . of ":.1 -,em with :x!.;1.1 po,,.er to make all. necessary changes, rc.L«rt;.i_o! : :: ..ntenance. etc.. the same as the county M'` C7eE..,::1 f 7. t .a.'1.U;.:O YJ V .i-1.11 t.l ?E? provisions, ions, conditions, regulations anc, _ ?E'r(:e .i.n ccntainE ?d shall be binding -upon the rz2;s an,: _1S', .igr.ls O tht yxaTi "t :cue and all privileges, as well a,nd .:L = ahi.l.i.ties of the grantee shall. inure to i t.2ccE":7: of n a5s:i.q._.s equally as if the-v were specifically I1er. " "_i..i:)I:.c?l:.f. '.�'hc''.r " ✓F:r the grantee is 17etittioned. �i;C''I.' ) ,j kW. "either this franchise est therein C tYaYIC ",117..SE_ SOY' any :interr_� �. .!�... , c....., .,, .. sY!U i �. ._. sr..:,l.d , �.. F..= �.z�.s:E�,:"-c.�<. or assicflrecl without the previous consent :i_r of : lct Whatcom Co�.In-t.y Council. SECTION X .T � ,Ter any Of the county roads, rights -of -way or C!?:: F'.C_' CC)i'_T!. :y pr_- operty as designated in this franchise, by rea- :9 on O� ( :. },O 1. CQC'[:)C)1'�.iL:l_ it "l of any t04J:[1 or Cl y, Jr exten- ;.a.::�:,: t}Y._ 1_. ai.i_... Of: an.',., or city, shall fall wiL-hin the city oI t:( V1- .1 shall. continue in force and effect 1. l Ii'•. i t:+ r _ i21 :i :t .C: is I'. C i 1:I_ ...._. � a7 c. as to Bali. c:our{k:.t, ;:gads, right s o :i. --way or other county property not so _l,c:.l +.:I. i+_.d in c:i (":.y or town .Iii -A is . SEC`PION XV:iI. The grantee shall commence construction work under tl..,is fr.anch.i.. se within six months after the effective date hereof aft.er first: securing all necessary approvals and permits from the Whatcom County Engineer. Five (5) years from the data of this franchise, the rights conferred hereby to the grantee may, at the election of the Whatcom County Council and pursuant to notice, be terminated with respect to those county roads, rights - of -way and other county property or portions thereof upon which the grantee has not laid, constructed and placed in operation its lines and facilities. SECTION XVIII. In preparing plans and specifications for the installations fo17 the installation of transmission lines along or across county roads and rigl-its.-of -way the grantee shall use as a guide the standards and specifications established by the Whatcom County :fngir;:ee:r. 51.CTRD,N XI.X. If the q--ran-Lee sha1l willfully violate, or fail to co.,Rply with alb, of the )- _ovisions of this franchise through wii1ful or un.reasorl.able neylect, or fail to heed or comply with any notice the ora.n:_E.re under the -orovis_ions of this grant, then the said grant.ee sha "ll forfeit all rights conferred hereunder and this franchise may lie :revoked or annulled by the Whatcom County Council. W What -c-, S, 1�, "70.3 lOr J_tself the rigat at 71 _.ays "eritten to the grant-ee, to III o-J J.- f -,i,,,,JiFy -any o" provisions or con.- to conforiii. 4-o anv state statute or i llj I at '(. Lng t. t.e public ty q i n , r e 1. a. t i 'A U, -,a f te rc I a_ i a i as may herc r _a,Cl Cr :i uiiVu lga:ted , and this franchise, may be 111:Y t' iiie J.'L: (_;rante(:?7-s, lines and facilities are I .,,ccordance with such statute, order gr h 4 -�-).chise, the J. -Z r anting fr,-.Y -I, life of this i.1. E�,_irnj_sh a copy of, zind idiirii th(--:� 0 _j, r e -"-'f e c a, I.JLahi'Lity insurance policy covering all f -'I Y CC C'. C C) IJ V any as.,,unied. b y contract be-, �1.n."! c k:.,�r party in the amount of $200,000 - -i I": =.1_: -urn Jr Lhe use of the county roads and XV ............. loihat_coni County for the grantee's ell as expenses incurred in processing j."-1311i., I)e J.ncurrod in. (:'(-.nnection wi-1.:h periodic inspec- as r,,_ vil e, d herein, the gra-i-itee- shall pay to a su;:it eq-,uivalent t-,,.) four (4) percent V('"'! Uc­ v,:,r_)- fro-,m the operation of its facilities patrans from lines, G.Tires, or cables, a ono public riglit.,.z-of-way, or across county property as hs, undo r granted. M T , ",I c da -1-979. I y o Aucl ws r . ... ... .... C 1. A-PPP,Ok7FD el--, A ' Copfity Execiative WHA""COM COUNTY COUNCIL BY Ctic i"rp,e rs on. ) VETOED DATE Published: Jul 13 and 25 — and _..August 9 , 1979. 9 Ilk IN THE MAT"PER OF THE FRANCHISE FOR WHATCOM COUNrfy WATER DISTRICT NO. 16 ACCEPTANCE OF FRANCHISE Whatcoin County Water District No. 16, hereby accepts, subject. to all the conditions f--.herein contained, that certain fran- chise to lay, c-_-(.).nstruct, maintain and repair water pipe lines and 1-ni-lins: :in,3 all aiJiJEirtenances, along, over and across 1-,41L-, 1_ollowlncj c,C) -icis ij-1 Z1- I... cofll County: i's TIrl at ;no T- 11-1 ion ot- the ,:iucirtc�x of the Southeast quarter lying ­71L t. he.rly (-.)f the of B,-,.ker Creek; the East one - la` of uhr 5-!ut-Aleast nnc cuar!-er of the Southwest quarter of the South- lt..... C Z ]FI C� 38 North, Range 3 East L-,)n 8, Township f. Q o i,c t1_ir(:hwest quarter incl-ding the quarter of the North- e r of U�e_ Northv,c_ slt quar tcr lying Nor - -; rl << :.::,t:. =1ttP o ID. & P P.,ail-road, Tracks Centerline, all ..: _k)rth, 1:1,-Inge 3 East of W.M. ; the West El:ast 160 of '-ht, Nt:)L-11­.heast qu­rter of the Northeast inf-ludi.iiq °aseme.i-it, AF Number 1-1.24559; clou�:,'J. Cd h,ilf. of Uie lo -,west quarter; qu:itter of the h, rt� i-;-"e ou �.. h(-- or . thei N<­_rv.hwest ouarter; t1he, entixe. Northeast all :d(�uate in Sect.;I.on 38 North, Ra.nge 3 East of day of n t e d On Lht;:�, f yeax.s. By Pf e s i d e h 19 79 I P If E." L T%L"V� 1 (.1UU"%y['Y WA'T.1.,'R DIS �tICT ]O. 16 A,.CCEPIPANCE OF FRANCHISE That i)<rt..I;.On the S.-_rI)LI'least quarter of the Soutbeast quarter lying aT.,,d .Easterly of -.file centerline of Baker Creek; the East one- of the one uijarl-er of the Southv.,est quarter oE the South- J q al, 1 si.tuat. d n se,,.,tion 8, Tow.".sbd.p .38 North, Range 3 East of W.M...; the S,,.'juthwest quarter of the Northwest quarter including the C.M. ST P. & P Railroad right-of-way; the Northwest quarter of the North- west qu"Irte•; the Northeast quarter of the Northwest quarter lying Nor- therly and Westerly of the C.M. ST P. & P Railroad Tracks Centerline, all situate in Section 16, Township 38 North, Range 3 East of W.M.; the West 1-30 feet of the East ?60 feet of the Northeast. quarter of the Northeast quarter of the Northwest quarter including easement, AF Number 1124559; the South one half of the Northeast quarter of the Northwest quarter; the Southeast quarter of the Northwest quarter; the entire Northeast quarter; all situate in Section 17, Township 38 North, Range 3 East of W.M. !?­1111T.Nc!tISE arante(1 on t.he day of 19 79 is for a period of. ,e.4e.,years. By Prt s i d e,­f't County t•,Tat' :e:-c No. 16" hereby accepts, Lhe i-her-ei-ra contaj. lied, that certain fran- L C) A.a V C c U I i v. a.nd repair viater pipe lines and C 1. S 1) 'Y al I C (� S along, c)•(-,!r and across t" 31 j, i f0s i 1) ty That i)<rt..I;.On the S.-_rI)LI'least quarter of the Soutbeast quarter lying aT.,,d .Easterly of -.file centerline of Baker Creek; the East one- of the one uijarl-er of the Southv.,est quarter oE the South- J q al, 1 si.tuat. d n se,,.,tion 8, Tow.".sbd.p .38 North, Range 3 East of W.M...; the S,,.'juthwest quarter of the Northwest quarter including the C.M. ST P. & P Railroad right-of-way; the Northwest quarter of the North- west qu"Irte•; the Northeast quarter of the Northwest quarter lying Nor- therly and Westerly of the C.M. ST P. & P Railroad Tracks Centerline, all situate in Section 16, Township 38 North, Range 3 East of W.M.; the West 1-30 feet of the East ?60 feet of the Northeast. quarter of the Northeast quarter of the Northwest quarter including easement, AF Number 1124559; the South one half of the Northeast quarter of the Northwest quarter; the Southeast quarter of the Northwest quarter; the entire Northeast quarter; all situate in Section 17, Township 38 North, Range 3 East of W.M. !?­1111T.Nc!tISE arante(1 on t.he day of 19 79 is for a period of. ,e.4e.,years. By Prt s i d e,­f't