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20100073 ROW Doc 04152010697563 10 RIGHT OF WAY THE STATE OF WASHINGTON County of THURSTON s FO&AND INCONSIDERATION of the sum of sj a L:` S M Dollars (S 0 ^' ), the receipt of which is hereby acknowledged, D. L. GILBERT and LUNA M. GILBERT, husband and wife LEONARD JULSON and VINNIE JULSON, husband and wife (9-63) TH -3 hereinafter referred to as GRANTOR (whether one or more), does hereby grant and convey to OLYMPIC PIPE LINE COMPANY, a Delaware corporation, with a permit to do business in the State of Washington, its successors and assigns, hereinafter referred to as GRANTEE, the rights of way, easements and privileges to cons«uct, maintain, operate, repair, replace, change the size of, and remove in whole or in part, a pipe line or pipae$aGa, rl for the transportation of oil and gas, and the products thereof, water, or any other fluid or subsranea, with the fe necessary fittings, fixtures, valves, appurtenances, and cathodic protection devices, and the right to maintain the right of way clear of trees, underbrush, buildings, and other obstructions, along a route to be selected by Grantee, on, over, across and through the following described property situated in the County of Thurston , Stare of Washington: That part of the Southwest quarter of the Southwest quarter, Section 17, Township 17 North, Range 2 East of the Willamette Meridian lying North and West of the Northern Pacific Railroad right of way and South of the Centralia power canal, containing 27.26 acres, more or less, ALSO Lot 1, Block 12, McKenna Irrigated Tracts being that part of Section 20, Township 17 North, Range 2 East of the Willamette Meridian lying Northwesterly of the Northern Pacific Railroad right of way. Heal Estate Sy'aas TJ aid. Y_21.1964 Receipt No. ........ .... Thurston County Treaa., Dona J. BOOn together with the right of ingress and egress to and from said line or lines. Grantor shall have the right to fully use and enjoy the above described premises, except as to the rights herein granted. Grantee agrees to pay any damages which may arise to crops, timber, or fences of Grantor, re- sulting from the exercise of the rights herein granted, said damages, if not mutually agreed upon, to be ascer- tained and determined by three disinterested persons, one thereof to be appointed by Grantor, one by Grantee, and the third by the two so appointed, and the written award of such three persons shall be final and conclusive. SI7 �74IX) 6YtYXNO( tf7WCiC% I> ApGX4IK9C kOQi4l hdMM) hRX�C. �. i41Cd( 3( 9( 3Prixk% 91:7@ CI�7l '�L43CXiPXSI.IR)(1CXR'�litR'A°� d6XX�7(, iY96RX,XXXXxX7Lxxxxxxxxxxxxxxxx xxxxx7& yy){ � (�(y�pp�payX7i$7tKgteXOhaXR�%iC It is agreed that any payment due hereunder may be made direct to Grantors or any one of them. Any pipe line constructed by Grantee, its successors or assigns, across lands under cultivation at the time of construction thereof, shall be buried to such depth as will nor interfere with qrdinary cultivation. The rights of way, easements and privileges herein granted are each divisible and are each assignable or transferable, in whole or in part. The terms, conditions, and provisions of this grant or any Connect resulting from the exercise thereof shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. slat of the pipaline and 15 feet on the West side of the pipeline, after _construction of the ni n.linn_ IN WITNESS WHEREOF, the Grantor has executed this instrument this day of 196 WITNESS; Consideration Less Than $100.00 No Revenue Stamp Required ��— VOL P �r�' AGE UJ ' BY: --- -- ----- ---- - - - - -- ,697563 - ACKOWLEDGEMENT OF CORPORATE GRANTdR STATE OF WASHINGTON ss. COUNTY OF On this day 19_, before me, the undersigned Notary Public, personally appeared and tome known to be the President and Secretary, respectively of , the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to exe. cute the said instrument and that the seal - affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year in this certificate above written, Notary Public in and for the State of Washington, residing at ACKNOWLEDGEMENT OF INDIVIDUAL STATE OF WASHINGTON 9. COUNTY OF On this day personally appeared before me '�- ��t -t-C 'Ztr -Y - an�74—' to be known to be the i Ivid 1(s) described in and whoa ex ted'th'e within and foregoing instrument and acknowledged that signed the same as `free and voluntary accand deed, for the uses and put ses t erein mentioned. GIVEN under my hand and official seal this ay of �-r-- Not& Public in for the State of Washrn gran; - �,'-'L rosi iin ACKNOWLEDGEMENT OF INDIVIDUAL STATE OF WASHINGTON as. COUNTY OF On this day personally appeared before and to be known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this C�l,�a I,S• ... ili.• day Notary Public in and for the State of Washington, residing at 21 2 co rs� til!MIOR a� 19 —. 1�I�bit�Fll�1lU P CP •off cc� „ ,_. r, :. oy wregag VOL e� MAP ON Real Estate ExGi� aid to .r RETURA'ADDRESS: Receipt no. W� Date Robin L. Hunt. :4W ft, Tress. Pacific Fiber Link Project t / //) 1215 Central Avenue South, Suite 123 �Y Deputy cy Kent, WA 98032 p1 cm RIGHT OF WAY AMENDMENT STATE OF WASHINGTON County of THURSTON THIS RIGHT OF WAY AMENDMENT made this between hereinafter referred to as GRANTOR (whether one or mo Delaware corporation with a permit to do business in the hereinafter referred to as GRANTEE. provides as follows: Olympic Pipe Line NTH —3-A day of J Lkr) e , 1998, by and J OLYMPIC PIPE LINE COMPANY, a of Washington, its successors and assigns, By Right of Way instrument dated 4/2/64 , and recorded in the Office of the Recorder of THURSTON County, as instrument Numbeer -6= , in Volume 386 , beginning at Page 636 - hereinafter referred to as the ORIGINAL GRANT, Grantor, or a predecessor in interest granted and conveyed to Grantee a pipe line easement, on, over, across and through the following described property situated in the County of THURSTON , State of Washington: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR LE)GAL DESCRIPTION: Assessor's Tax Parcel ID = 22717330100 j !7 I?(Y • 2 jr- WHEREAS, at the request of Grantee, Grantor has consented and agreed (as to said lands or such portions thereof as may be presently owned by Grantor) to modify and amend said Original Grant in the manner hereinafter set forth: NOW THEREFORE, in consideration of the sum of GIVE FIND NO CENTS DOLLARS ($1.00 ), in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed by and between the parties hereto that said Original Grant is hereby modified and amended as follows: o MCM�7M- 1111111111111111111111111111111111111Ill11111 Ill Jill 111 29uea lDrD z .Fi (\ - it "Y.d BY -- --- ----- - - - - -- 0 0 The right and privilege is hereby granted to construct, install, operate, maintain. inspect, test, repair, alter, replace or remove within said pipe line right of way and easement, a multiple conduit communications system, together with the appurtenances necessary for the operation of said communications system. The communications privileges herein granted are each divisible and are each assignable or transferable in whole or in part. EXCEPT AS herein modified and amended, the Original Grant is hereby ratified and confirmed in all respects. IN WITNESS WHEREOF, the parties hereto have executed this Right of Way Amendment effective as of the day and year first above written. STATE OF WASHINGTON County of. p [FgCF 5 i %= " r BAR ` . u. ) A' "Kjw I certify that I know or have satisfactory evidence that ROBERT E. HENUM C"! :!cu�rci�r 3.11.• ; • : • '• - effIfe r • : BEN UM WITH HVk5z1vr I,. UUXINE UK • FOR BARBARA J. COYNE acknowledged it to be (his.ber, their) free and voluntary act for the uses and purposes mentioned in the O- Amcnd- Individual(add conduiO) 02 /19198 Dated <Jun c 24, 1 Q 9S Signature of Notary ota Public Title My Appointment Expires C)L - " - Z06 p avXE TII is ,PR "nut, I. 3 ctt:u BY- -- -- i IIIIIIIIIIIEIIIII�II�IIIIIIIIII�II�EIIIIIIIIIIlIlI1lI e9I ZIH 90:25A Thurston Co, ACKNOWLEDGMENT STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that William Mulkey signed this instrument, and on oath stated that he was authorized to execute the instrument and acknowledged it as Assitant Secretary of OLYMPIC PIPE LINE COMPANY, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated AUcusr ' �r—�• " ........... Signature of Notary Public .i(.rr• t•; • a t ggig +m o � : Title Charles K. Coad Notary Public My Appointment Expires October 9. 1999 L�IyL���%L� IIIIIIIIIIIIIVIIIVIIIVIIIVIIIIIIIIIIIIIIIII�IIIIIIII page I�ASf APR �-j 3 20 4] IIII i r, __ � c, <I I�3 l/IIIIIIJ�IIIIII BY: ------- ---- - - - - -- File No. 98929 Pal A Exhibit "A" LEGAL DESCRIPTION PARCEL tt That part of the Southwest quarter of the Southwest quarter of Section 17, Township 17 North, Range 2 East, W.M., lying Southerly of the 100•foot wide Centralia Power Canal and lying Northwesterly of the Burlington Northern Railroad righlaf way. EXCEPTING THEREFROM the West 30 feet for county road known as Wllkenson Road. PARCEL 2: Lot 1, Block 12 of McKenna Irrigated Tracts, as recorded In Volume 9 of Plats, page 43. In Thurston County, Washington. PArIVIIUIW�V�flwA!I u i'. BY-- -------------- - - - - -- VIII III)IIII 31 8/859 8 10 25A $11.00 Thurston Co, WA