Agreement between and the Kiona Development Company and the North Coast Railroad

              "WRJ
r
i
i
o
BIT-'
335
•f.C.Ho.   30
i-..... ...
a -
Grantee Tho Kcrth Ccaat  Railroad  Company,"'.
• . »
Crantor The Klcna Development  Company,      ••."'.. •;.'.'•
No. Date    au$.   .'28,   1907 Conaideration % 1.00
Instrument     '.7.   D. Reoorded  June 27,   1008 Book 8
County of   Ronton, State ofWashington
Page34S-52   Plat  Book Folio
,Conveys
'.■•••
See,   lo.li.lg.33
6,10,
30,31
.     20,     .
Tp.9 B R.2;-
9 :.' 27
10 K 27
10 :i 26
/
An easement and  right  of way  for  the conetruction,   operation and maintenance of  the
forth Co vst  railroud,   over,   i.crooe,   upon and  along  the  right of way   of  the canal   known   as   the
Kicr.a  Canal,   said canal   right  cf way having a width  of   one hur.dred   (100)   feet,   and extending
through  Section*  nine   (9),   ten   (10),   eleven   (11),   twelve   (12)   and   thirteen   (13),   -in Township
nine  fOJ  North.   Range  twenty  eix (26)  E.W.U.,  Sections  eighteen (18),   seven  (7)  and eix (6),  in
Tr.vr.ahip nine   (S)   JJ.,   Range  twenty   seven   (27)   B.7.SI.,   Sections  thirty one   (31)   and  thirty  (30)
In Township ten   (10)  K.,  Range   twenty seven  (27) S.W.H.",   and Section twenty five   (25)   in
Township  ten   (10)  E.,   Range   twenty six.(26)  E.7.U.,   laid .easement .and  right of ray herein
granted being described as follows,   to-wit: ,.    •"
A atrip or  strips  of  land,   for  so much of  such  strip or  strips  as may be within
said premises),   of  a width of  one hundred'(100)   ft.,   being fifty  (50)  ft-   in width cm  each
eicle of   the   center  line  of  the   said railway of  the party of  the  second part,   as   the same ,1a
now located,   staked out and   ehall  be  constructed  over  said sections   of  land   in  the County  of
Benton,   Ptate  of v/nshington; .,
Provided,   the boundury lino  of   the   said   granted  right of  way and   easement,   adjacent
to and   extending alo.-.g any portion  of   said  canal   Shall   not approach nearer   than   twenty  five   (25)
ft.   to   tiie cent'.r line   thereof,   if   constructed   in rurth,   or nearer  than  eight   (<i)   ft.   to   the
Center  line of any  flume  forming a part   of said  canal,-but  snail   include lateral   support for
tj.u  roadbed  of  said   railroad not  interfering rfitn saia canal   or flumes   thereof;   and" the center
line of  said  railroad shall not   oe nearer'than six  (6)   ft.   to  said   boundary line adjacent   to
said  canal;  and
~~—. Proviued,   also,   that  said  railrcad snail be so  constructed,   operated and maintained
as  tc  in no way interfere witn t..c  operation  or maintenance  of said   canal  or u.e  flow of water
thereln(   and tne  oala party of   tne  second  part,   in accepting tills  deed,   thereby oeccmeo
responsible and  liable for any  and all  damages   to   said   canal,   resulting from  cue  construction
.operat.cn ar.d .iiaintenance of  suid  railroad upon and over   the casement and light  of way by
these presents  grantea;  and
Provided,   that   the   roadbed cf   said  railroad along said  canal   snail   be constructed,
and all   Ojsangeo   in  said  canal .cade  during  tne non~irrlgatir.fi OtiUSOA  in   tile year,   to-wit:
between  the  last  day of October and  tne  first day   of  Lurcn next following,   and  in  case  the
party  of   the  second part  snail  fail   to  complete said  roadbed,   and   br.O  changes   in said  canal
'before   tne opening of  the   irrigating season,   or  if  for liny  other  reason   luo flow of  irrigation
water snail  ou   stopped,   delayed or Interfered v;i uii  in  constructing  sale  rouaoea,   the  saia party
of   ti-.e second  part   shall  be   liable and agrees   to  pay all  da-.tbges   to   land  ov/n'era' under said
Grantee ■ ,     .
Grantor
No. Date
Instrument
Convoys
Consideration  $
County of
State of
Recorded
Book
Page
Plat  Book,
Sec.
Folio
Tp.
R.
irty  shall  proteat  sucn portion against  flood water,   reoultir.g from the construction of  said
ulroad,   by  proper  conduits   unie? sec/ori'd  party's   rtjudbea;'provided,   also,   tiiat   the  ra-.e  of
canal  resulting from such stoppage or interference.
for  the  consideration hereinbofore mentioned and.set  out,   Baid  party  of   the first part
hereby grants   the   riffht unto,   and authorizes   said party   of  tjic   second  part   to   span  its  said
canal with  sucn structure   or  structures  ao   shall  be necessary  to  carry the   rcadbed of   its
'railroad over  trie  same;   said otructure  or  structures   to be  supported  on .foundations which  shall
in  no'way  interfere with or obstruct   tne' flow of  water  in  saia   cunal.
Also,   said  purty  of  the   eecond  part   ahull  have   ti.o   right,   and  lo hereby authorised   to make
such  change  or   changes   in  tho   cnannel  of   said canal  as   it may  elect,' provided  sucn proposed      ,
Changes   Shall' be made  on  tiiu  lines  indicated  on  that   certain blue  print 'identified by  the
-Signatures  of  the purtie8 hereto,   and made a part hereof;   it   being understood  and agreed   that
Second party may make any  or all  of   the  changes  indicated  on said   blue  print;   provided,   however,
that  in   case  said  cunal   is  not  Changed   to   tiie UQUthcrly  side  of  said   right of way,   then  second
pa:
ra;
curvature of  said  cunal   shall  not be   increased,   nor the   rate  of fall   thereof  be ui.mini shed by
mn.'ii  rnangf!  or changes;   and  that  there  shall be  conveyed,   free  of  cnargc,   to  said  party  of   tiie
first part,  a right of way over all portions  oo changed,   naving a width of not lees   tr.an 60 ft.,
bein^ 40  ft.   on either side  of. center line   of reconstructed cunal;   that   tho new  canal  over  such
■chan, cd portions   snail  not   be  less   tnan   ten   (10)   ft.   wide   in tne bottom with  slopes not  less   than
lj horizontal   to  1  perpendicular  in excavation,   witn usual   runways,   and with er.iburiicto.nto  on  the
sides   thereof at least  three   (3)   ft.   above   the water surface  therein,   said embankments   to  be ut ,
least B ft.  wide   on  top and with elopes  not  greater  than 2  to  l,     in   order  to fully  protect aim
retain  tae water ir  raid canal,saia  eecona  party agreeing  to maintain  such changed portions cf
said  canal,   _.udc by it,   during  the  first   irrigation  season   thereafter,   saving aaid first  parties
harmless agair.at all claim for damages   to water users  under sum canal  on account  of any break
or v.reakco   occurring in any portion of   the   canal  as   changed during sale period;   that all  flumes
or pcrtior.a   thereof Wlllcn  shall   oc  extenucd  or Changed,   e:::.ll   be  reconstructed  in a first   class,
wor.t.-.unliKC  manner,   having   foundations,   graae  and   design   corresponding  with,   and   of  material
equal   in grade and quality   to   that  cf   the  nrcoent  flume  or fiumea   so   changed,   altered  or extended,
and   3;:ull  include at  least  one  ipilway  toward  ti-e  upper  end of  said canal   for   turning  the water
thoreln   bac:   into   the   river;   tiiat  all   damage   to   said  canal,   or  any   flume  or  flumes   thereof,
resulting  from   the   cc/iotruction   of   said   railroad,   shall   oo   repaired  and  made  wi.ole  by   said  party
of  tne   second  part;   tnut  sucn repairs  snail   cc  complete.   Made with materials   equal   in praoe and
quality  with  tnooe  Of   t;.e  original   construction,   and   snail  leave  said  canal  and   the 1 lanes   thereof,
Whlnh  are  altered.   Changed   or   interfered  witn,   in  US   good   condition ao   tho *ja;.io   now  ie.