HomeMy WebLinkAbout524833 - WIDC_Decree1956IN THE SLJrERIOR COURT OF THE STATE OF WASHINGTON ��) Piiu. 31
IN AND FOR THE COUNTY OF GRANT 1gy185
PIALIC UTILITY DISTRICT NO. g
OF GRANT COUNTY, a municipal
corporation,
Petitioner,
vs.
WASHINGTON IRRIGATION AND
DEVELOPMENT COMPANY, a CW-
poration,
Respondent.
No. BMJ
DECREE OF
APPROPRIATION
M D
~i'AT 011R[01, Clerk.
_........ I.....................Depwy
f,,3
RECORDED 1N ..—_...__._.._._ .�
The above -entitled cause in eminent domain car)S� ii44Freac ar `Por ---
hearing upon application of tea Petitioner above-named for the entry of a
Decree of Appropriation herehk Prdtiboaer, Public Witty District No. 2 of
Grant County, a municipal corporation. appeariig by its attorneys, Washington
b. Wickwire, And the Respondent, Washington Irrigation and Development
Company, a corporation, appearing by its attorneys, Paine, Lowe, Coffin,
Bsst b. Herman, axed the Petitioner having paid w the Respondent, %1 ashington
Irrigation and Development Company, a corporation. the stuns of Four Hundred
Ninety Thousand Dollars (;490, MO), being the amount of just compensation
adjudged In this cause to be paid to the Respondent for the taking of the property
described in the Decree of Pubtlic Use and Necessity heretofore entered in this
cause and hereinafter set forth in this Decree of Appropriation, Inclusive of
the damages, if any, caused by such taking. to the Respondent's remaining
property not taken, and do Respondent having received from W reoeipted to
the Petitioner for do.own so pold by the Petitioner.
A TRUE CQPY `,��•� 'i +�
PAI O'BRIEIi
}ow► d Oram County, W35. _.__.
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jlt,'VV. T11'TIFFORE, tT 15HFREBY ORMRM, ADJUDGED AND
DECREED:
1. That the Ittitioner, Public Urility District No. 2 of Grant County,
a m!mIcir*al corporation, is adpdged to be the owner of the property herein-
after in this decree xt forth and described, and title thereto is hereby vested
in the Petitioner, Public Utility District No. 2 of Grant County, a munlci,,al
corporatism. free And clear of any and all chargnm int^rest, claims, liens
Rnd encm-1r1nce9 of any chetracter or kind whatsoever of the Respondent,
Washington Irrigation and Development Company. and said Petitioner to ad-
judged to hnve the right to immedlam trossession of and at all times herein-
after to havi, hold, own, use and posaens the sture, snid pronerry and rights
eo acquirict by the P--titioner being the following dei^_ri!Y'd property est forth
in Schedule A, to -wit:
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SCHEDULE "A" 4 .
t I
WASHINGTON IRRIGATION AND DEVELOPMENT COMPANY PROPERTIES
All of the right, title and interest of the Washington Irrigation and
Du .. elopment Company in or to all real estate, easements, licenses, franchises
and property rights owned by the Washington Irrigation and Development Company
in Grant, Yakima and Kittitas Counties In the State of. Washington, acquired,
used or held for use, in connection with that certain hydroelectric project
known as the Priest Rapids Project on the Columbia River, which was developed
by the Washington Irrigation and Development Company, and which was authorized
for construction by Federal Power Commission License No., 3, now terminated;
and all of the right, title and interest of the Washington Irrigation and Develop-
ment Company in or to any and all maps, plans, engineering studies, reports,
and geologic studies acquired, used or held for use, in connection with the
development of a hydroelectric project at the Priest Rapids site on the Columbia
River, including, but not limited to, those maps, plans, engineering studies,
reports and geologic studies acquired, used or held for use in connection with
that certain hydroelectric project known as the Priest Rapids Project on the
Columbia River which was developed by the Washington Irrigation and Develop-
anent Company and which was authorized for construction by the Federal Power
Commission by License No. 3, now terminated.
All right, title and interest of the Washington Irrigation and Develop-
ment Company in or to any and all contracts or agreements relating to the
construction and operation of the Priest Rapids hydroelectric Project, including,
but not limited to, all right, title and interest of the Washington Irrigation and
Development Company in or to that certain contract relating to the relocation
of the Chicago, Milwaukee & Puget Sound Railroad dated July 22, 1912, and
executed by Washington Irrigation and Development Company and by Chicago,
-1-
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Milwaukee and Puget Sound Railroad Company.
Without limiting the generality of the foregoing general description of
M
the property intended to be taken In this proceeding by the petitioner, Public
Utility District No. 2 of Grant County, a municipal corporation, there is in-
cluded in the property intended to be taken all permits, licenses, franchises
o and easements, including easements and permits to inundate, overflow or
damage lands by raising the level of the water of the Columbia River, and all
other rights and interests in real property owned by the Washington Irrigation
and Development Company in Grant, Yakima and Kittitas Counties, State of
Washington, .and 111 real property in said counties owned in fee by said
Washington Irrigation and Development Company now or at the time of the com-
mencement of Cause No. 8040 in the Superior Court of the State of Washington
for Grant County, wherein Public Utility District No. 2 of Grant County is
petitioner and Wasbington Irrigation and Development Company, a corporation,
is the respondent, except Lots Five (5), Six (6) and Seven (7) of Section Twelve
(12), Township Thirteen (13) North, Range Twenty-three (23) E.. W.M. in Yakima
County, and the second class shore lands situated in front of said lots. The
real estate, or interests in real estate, sought to be taken herein shall include,
but shall not be limited to, the following:
"A" The full fee simple title in or to the following described tracts of land
situated in Grant County, State of Washington, now owned by the Washington
Irrigation and Developinent Company, subject, however, to outstanding ease-
ments of Grant County for road purposes, and any and all other valid and sub-
sisting easements, to -wit:
1. Township Thirteen (13) North, Range Twenty-three (23) E W. M.
Section One (1): All
Section Two (2): Lots One (1), Two (2), Five (5), Six (6),
and Nine (9)
Section Eleven (11): Lot One (1), together with the shorelands
of second class in front of, adjacent to and abutting said
Lot One (1)
Section Twelve (12) Lots One (1), Two (2), Three (3) and
Four (4)
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2. Township Fourteen (14) North, Range Twenty-three (23) E. W. M.
Section Three (3). All
Section Four (4): Lots 'r wo (2), Three (3) and Four (4),
the South Half (S-1/2) of the Northwest Quarter (NW -1/4)
and the Southeast Quarter (SE -1/4)
Section Five (5): Lots One (1), Two (2), Five (5), Six (6)
and Nine (9), the Southeast Quarter (SE -1/4) of the
Northeast Quarter (NE - I /4)
Section Eight (8): Lots One (1), Four (4) and Five (5)
Section Nine (9): All
Section Ten (10): The West Half (W-1/2) of the Southwest
Quarter (SW -1/4)
Section Fourteen (14): The North Half (N-1/2) of the
Northwest Quarter (NW -1/4), the Southeast Quarter
(SL' -1/4) of the Northwest Quarter (NW -1/4), the
Northeast Quarter (NE -1/4) of tlx: Southwest Quarter
(SW -11 4), and the South lialf (S-1/2) of the Southwest
Quarter (SW -1/4)
Section Fifteen (1.5): All
Section Sixteen (16): Lots One (1), Two (2), Three (3) and
Four (4), the South Half (S-1/2) of the Nottl:cast
Quarter (NE -1/4), and the Southeast Quarter (SE -1/4)
Section 'Twenty-one (21). Lots One: (.l), Two (2), Five (5)
and Six (6), and the East Half (E-1/2) of the Northeast
Quarter (NE -1/4)
Section Twenty-two (22): All
Section Twenty-three (23): All
Section Twenty-five (25): All
Section Twenty-six (26): All
Section Twenty -seven (27): A1.1
Section 'Twenty-eight (28): Lot One (1)
Section Thirty-four (34): Lots One (1) and Two (2), and the
Northeast Quarter (NE -1/4) of the Northeast Quarter
(NE -I/4), including the shorelands of second class in
front of, adjacent to and abutting on said Lots One (1)
and Two (2)
Section Thirty-five (35): Lots One (1), Two (2), 'Three (3),
Four (4), Five (5), Six (6), Seven (7), Eight (8) and
Nine (9), and the East Half (E-1/2) of the Northeast
Quarter (NE -1/4)
Section Thirty-six (36): All
3. Township Fifteen (15) North, Range Twenty-three (23) E. W. M.
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Section Fifteen (15): Lots One (1), hour (4), Five (5) and
Seven (7), the East llal.f (E-1/2)of the Northeast (NE -1/4),
and the Southeast Quarter (SE -1/4)
Section Twenty-one (21): Lots Three (3) and Six (6)
Section 'Twenty -two (22): Lots One (1), Two (2) and Three
(3), except the north One hundred sixty (160) feet of
said Lot Three (3), the Southwest Quarter (SW -1/4)
of the Southwest Quarter (SW -1/4), the East half (E-1/2)
of the Northwest Quarter (NW -1/4), and the West half
(W-1/2) of the Northeast Quarter (NE -1/4)
Section Twenty-seven (27): All
Section Twenty-eight (28). Lots One (1), Three (3) and
Four (4), the Northeast Quarter (NE -1/4) of the North-
-3-
VOL1d2 um :3I,
east Quarter (NE -1/4), the South lialf (S-1/2) of the
Northeast Quarter (NE -1/4), the Northeast Quarter
(NE -I j4) of the Soutl1west Quarter (SW • 1/4), and the
South half (S-1/2) of the Southwest Quarter (SW -1/4),
and the Southeast Quarter (SE -1/4) except the south
twenty (20) rods of the east sixteen (16) rods
Section Twenty-nine (29): Lots Five (5) and Eight (8)
Section Thirty-two (32): Lots One (1), Four (4), Five (5)
and Eight (8), the East lialf (E-1/2) of the Northeast
Quarter (NE -1/4), and the East. Half (E-1/2) cif the
Southeast Quarter (SE -'1/4)
Section Thirty-three (33): All
4. Township Thirteen (13) North, Range Twenty-four (24) E. W M.
Section Five (5): All
Section Six (6): Lots One, (I). Two (2), Thrce (3), Four (4)
and Seven (7), the Soutit [fair (S-1/2) of the Northeast
Quarter (NE -1/4), the Southeast Quarter (SE -1/4) of
the Northwest Quarter (NW -1/4), the East Half (1;•1/2)
of the Southwest Quarter (SW -1/4), and the Southeast
Quarter (SE -1/4) '
Section Sevcn (7): Lots Otte (1), Two (2), Six (6), Seven (7)
and Ten (10), the North Half (N-1/2) of the Northeast
Quarter (NE -•1/4), and the Northeast Quarter (NE -1/4)
of the Northwest Quarter (NW -1/4)
Section Eight (8): The West. Ila If (W-1/2) of Lot Three (3)
5. Township Fourteen (14) North. Range Twenty-four (24) E W. M.
Section Thirty-one (31): All
6. All of that island known as Lower Island, also known as Panhandle
Island, located partly In Sections 'Thirty-four (34) and 'Thirty-five
(35), Township Fourteen (14) North, Range Twenty-three (23)
E. W. M. , and partly in Sections Two (2) and Three (3), Township
Thirteen (13) North, Range Twenty-three (23) E. W. M.
All of those parts of the two small islands situated in Grant, County
and located in Sections Eight (8) and Seventeen (17), 'Township
Fourteen (14) North, Range Twenty-three (23) E. W. M.
7. All lands now, or heretofore underlying the slough (reclaimed
or meadow land) .in 'Townships Thirteen (13) and Fourteen (14)
North, Ra.nge23E.W.M.
8. All shurelands of the second class situate in front of, adjacent to
or abutting upon any of the lands hereinbefore described, including,
but not limited to, those rights and interests in shorclands specifi-
cally described and set forth in that certain instrument filed for
record in the office of the Auditor of Grant County, Washington, in
Book B of Miscellaneous Records, at Page 170, and including that
certain tract of tide and shorelands of the second class separated
from the upland by navigable waters, situated ir.. Grant County,
Washington, particularly described as follows, to -wit:
"Those Portions of the following described shorelands of
second class, separated from the upland by navigable waters,
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lying and being in Grant County,
Washington, as set out in
deed from the State of Washington to Washington Irrigation
and Development Company, a corporation,
dated December 12,
1910, recorded March 20, 1916
in Volume 18 of Deeds, Page
453, under Auditor's File No. 26183, records of said county,
as follows:
"Beginning at a point South 45038' East 331.8 feet from
"A-12" of the description of
the property in the pre-
ceding paragraph; running thence
B- 0 North 14015' West
524.9 feet; thence
B- I North 16023' West
1067.1 feet; thence
B- 2 North 13022' West
1074.9 feet; thence
B- 3 South 40016' East
319.1 feet; thence
B- 4 South 28013' East
924. 7 feet; thence
B- 5 South 24031' East
769.3 feet; thence
B- 6 North 1003' West
704.0 feet; thence
N- 7 South 44030' East
1719. 6 feet; thence
IF 8 South 29002' East
775. 2 feet; thence
B- 9 South 5038' East
583.7 feet; thence
B-10 South 46022' West
383.0 feet; thence
B-11 South 75041' West
359.6 feet -thence
B-12 North 82015' West
413.7 feet; thence
B-13 North 38000' West
707.0 feet; thence
B-14 North 19025' West
582.7 feet; thence
B-15 North 58007' West
283.9 feet;
to point of beginning."
"B" The full fee simple title in or to the following described tracts of land
situated in Yakima County, State of Washington, now owned by the Washington
Irrigation and Development Company, subject, however, to outstanding ease-
ments of Yakima County for road purposes, the right-of-way of the Chicago,
Milwaukee and St. Paul Railroad, and any and all other valid and subsisting
easements, to -wit:
1.. Township Thirteen (13) North, Range Twenty-three (23) E. W. M.
Section Two (2): The Southwest Quarter (SW -1/4) of the
Southwest Quarter (SW -1/4)
Section Three (3): Lying southwesterly of the following
described line: Beginning at a point on the east line of
said Section Three (3), which point lies north a distance
of thirty-six (36) feet from the quarter corner in the
east line of said Section Three (3); thence north 56000'
west a distance of 2,070 feet; thence north 520,30' west
a distance of 2, 386 feet, more or less, to a point on
the north line of said Section Three (3), which point
lies west a distance of Nine hundred eighty six and
five onc-tenths feet (1986. S) from the quarter corner in
the north line of said Section 'Three (3), and the point
of terminus of the above described line. There is
excepted therefrom the South Ilalf (S-1/2) of the South-
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vol_ 102
s:;E ...
west Quarter (SW -1/14), and the Northwest Quarter (NW -1/4)
of the Southwest Quarter (SW -1 /4) of Section Three (3)
2. Township Fourteen (14) North, Range Twenty-three (23) E. W. M.
Section Thirty-three (33): That part of the Southeast Quarter
(SE -1/4) of the Northea;;t Quarter (NE -1/4) (Lot Two (2))
lying southeasterly of the west line drawn from the southwest
corner thereof to what would be the northeast corner thereof,
and lying easterly of the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company, and that part of the East Half (E-1/2)
of the Southeast Quarter (SE -1/4) lying easterly of said railroad
right-of-way
Section Twenty-eight (28): The Southwest Quarter (SW -1/4) of the
Northwest Quarter (NW -1/4) lying easterly of the cast right -
of -way
ight-
of-way of the Chicago, Milwaukee, St. Paul and Pacific Rail-
road Company
Section Twenty (20): That part of the Southeast Quarter (SE -1/4)
of the Northeast Quarter (NE -1/4) of Lot One (1) lying easterly
of the east right-of-way of the Chicago, Milwaukee, St. Paul
and Pacific Railroad Company
Section Eight (8): Lots Two (2), 'Three (3), Six (6) and Seven (7),
and the Northwest Quarter (NW -1/4) of the Southwest Quarter
(SW -1/4), and the Southwest Quarter (SW -1/4) of the North-
west Quarter (NW -1./4) lying easterly of the Chicago, Milwaukee,
St. Paul and Pacific Railroad Company
Section Five (5): Lots Three (3) and Four (4), lying easterly of the
east right-of-way of the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company
3. All that island known as Upper Island, also known as Whale Island,
situated in Yakima County, and located partly in Sections Twenty-seven
(27), Twenty-eight (28), Thirty-three (33) and Thirty-four (34), Town-
ship Fourteen (14) North, Range Twenty-three (23) L', W. M. , and partly
in Section Three (3), Township Thirteen (13) North, Range Twenty-three
(23) E. W. M.
The stnall island in the Columbia River located in Section Eight (8),
and the small island southerly thereof located partly in Section Eight
(8) and partly in Section Seventeen (17)
4. All rights and interests in shorelands of the second class owned by the
Washington Irrigation and Development Company situated in front of,
adjacent to, or abutting upon any of the lands hereinbefore described,
and specifically including, but not limited to, the following:
All second class shorelands abutting Lot Three (3) and the SOLO 11
fifty-seven (57) feet of L.ot Two (2), Section Eleven (11), and
abutting Lots One (1) and Two (2), Scction 'Three (3), all in Town-
ship 'lliirteen (13) North, Range Twenty-three (23) E. W. M
All shorelands as specifically set forth and described in that
certain deed from the State of Washington to the Washington
Irrigation and Development Company, dated December 12, 1910,
and recorded in Book 147 of Deeds, Page 263, Records of Yakima
County, Washington, and bearing File No. 63437
5. That certain tract of tide and shore lands of the second class separated
from the upland by navigable waters situated in Yakima County, State
of Washington, particularly described as follows, to -wit:
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(Application 5545)
"Beginning
at a point marked
A-0 on the map filed with Appli-
cation No. 5545, to -wit: The west line of Section Thirty-four
(34),
Township Fourteen (14) North, Range Twenty-three (23)
E: W.
M. , 5095 feet north from the corner common to Sections
Thirty-three
(33) and Thirty-four
(34) in Township Fourteen
(14) North, Range Twenty-three (23) E. W. M. , and Sections
Three (3) and Four (4) in Township
Thirteen (13) North, Range
Twenry
-three (23) E. W. M.,
running thence
A- 0
South 4o48' East
160:6 feet; thence
A- 1
South 43057' East
1007.8 feet; thence
A- 2
South 19004' East
417. 6 feet; thence
A- 3
South 66041' East
972.0 feet; thence
A- 4
South 57056' East
590.8 feet; thence
A- 5
South 32010' East
754.4 feet; thence
A- 6
South 37024' East
2293.8 feet; thence
A- 7
South 33033' East
733.3 feet; thence
A- 8
South 36057' East
700.7 feet; thence
A- 9
South 70038' East
200.0 feet; thence
A-10
North 71022' East
166.6 feeti thence
A-11
North 12023' West
235.2 feet; thence
A-12
North 16042' West
736.0 feet; thence
A-13
North 14046' West
1142.8 feet; thence
A-14
North 15014' West
905.7 feet; thence
A-15
North 47022' West
793. 4 feet; thence
A-16
North 58049' West
709.8 feet; thence
A-17
North 62029' West
638.4 feet; thence
A-18
North 72024' West
319.4 feet; thence
A-19
North 55056' West
1286. 1 feet; thence
A-20
North 40002' West
861.8 feet; thence
A-21
North 26059' West
1299.6 feet; thence
A-22
North 52044' West
181.7 feet; thence
A-23
North 31003' West
448.1 feet; thence
A-24
North 38007' West
257, 7 feet; thence
A-25
South 62043' West
334.5 feet; thence
A-26
South 5022' West
41.1. 7 feet; thence
A-27
South 33041' East
618.6 feet; thence
A-28
South 44039' East
543. 4 feet; thence
A-29
South 77048' West
271. 1 feet; thence
A-30
South 39058' East
412.5 feet
to the place of beginning"
"C" The full fee simple title in and to the following described tracts of land
situated in Kittitas County, State of Washington, now owned by Washington Irri-
gation and Development Company, subject, however, to outstanding easements
of Kittitas County for road purposes, the right-of-way of the Chicago, Milwaukee,
St. Paul and Pacific Railroad Company, and any and all other valid and subsisting
easements, to -wit:
L Township Fifteen (15) North, Range Twenty-three (23) E. W. M.
Section Thirty-two (32): Lots Two (2), Three (3), Six (6) and
Seven (7), lying easterly of the east right-of-way of the Chicago,
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Milwaukee, St. Paul and Pacific Railroad Conipany
Section Twenty-nine (29): Lots One (1). Two (2), Four (4), Six
(6) and Seven (7), lying easterly of the east right-of-way of
the Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Section Twenty-eight (28)- Lot Two (2)
Section Twenty-one (21): Lots Four (4) and Five (5), and the South-
east Quarter (SE -1/4) of the Northwest Quarter (NW -1/4)
of the Southwest Quarter (SW -1/4)
2. All rights and interests in shorelands of the second class owned by the
Washington Irrigation and Development_ Company situated in front of,
adjacent to or abutting upon any of the. lands hereinbefore described.
1.9. All flowage rights, rights of way and interests of every kind and
character of the Washington Irrigation and Development Company over or in
respect of the second class shorelands situate in. front of, adjacent to, or
abutting upon any of the lands hereinbefore described.
"E" Any :>.rtd all rights granted by the State of Washington to the Washington
Irrigation and Development Company or its predecessors in interest to construct
a dam and perpetually back and hold water upon. and over lands located along
the Columbia River in Yakima, Grant. and Kittitas Counties, and the right to
overflow any such land and inundate the same, including, but not limited to,
those rights to construct a dam upon and to inundate and overflow those certain
lands as described and fully set forth in Permit No. 7898, dated December 12,
1910, and in Permit No. 9550, dated April 26: 1915, more particularly des-
cribed as follows:
1. Permit No. 7898
The right, privilege, power and authority to perpetually back and
hold water upon and over the land hereinafter described and to
overflow any such land and inundate. the same, and the right,
privilege, power and authority to construct and maintain a dant
over and across and upon. those portions of the bed of the Columbia
River as hereinafter described, to -wit:
All shore lands of the second class and dctachcd short. lands
owned by the State of Washington on and between both batiks
of the. Columbia River north of a line parallel with and 1900
feet south of the south side of Section Thirty-four (34), Town-
ship Fourteen (14) North, Range Twenty-three (23) E. W. M.,
and south of the boundary line between Lots Four (4) and Five
(5), and Three (3) and Six (6) of Section Twenty-one (21),
Township Fifteen (15) North, Range Twenty-three (23) E. W. M.
projected, excepting from the above description the de
tacked shore lands conveyed by tb.e State of Washington
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to the Washington Irrigation and Development Company
pursuant to application Numbered 5545.
Also those portions of the bed of the Columbia River over and
across and upon which a dam may be constructed and maintained,
more particularly described as follows, to -wit:
Beginning at a point 110.0 feet from point "A-9" on course
"A-9, A-10" of the property first described in a certain
deed bearing even date herewith by the State of Washington
to the Washington Irrigation and Development Company,
conveying certain detached shore lands in pursuance of
application No. 5545; running thence south 48020' west to
the easterly boundary of shore lands of the second class
heretofore granted by the State of Washington to the Hanford
Irrigation and Pbwer Company; thence southeasterly along
the easterly boundary of said shore lands so granted to
said Hanford Irrigation Company to a point 200.0 feet
measured perpendicular from the first course; thence
north 48020' east parallel and 200.0 feet from the first
course to intersect the extension of course "A-12, " "A-11"
of the property first described in that certain deed herein-
above referred to issued to the Washington Irrigation and
Development Company under Application No. 5545; thence
north 12023' west along said course "A-12 A-11" extended
to point "A-11" of said parcel; thence south 71022' west
166.6 feet; thence north 70038' west 90.0 feet along course
"A-10 A-9" of description of the first tract of shore lands
described in a certain deed bearing even date herewith by
the State of Washington to the Washington Irrigation and
De=velopment Company, conveying certain detached shore
lands pursuant to application No. 5545, to the point of
beginning. Also,
Commencing at a point 17.0 feet from point "A-14" on course
"A-14 A-15" of the property first described in a certain deed
bearing even date herewith by the State of Washington to the
Washington Irrigation and Development Company, conveying
certain detached shore lands 9ursuant to application No.
5545; running thence north 32 30' east to the high water
line on the easterly bank of the Columbia River in Lot Two
(2) of Section Thirty -four (34), Township Fourteen (14) North,
Range Twenty-three (2 3) E. W• M. ; thence northwesterly along
said high water line to a point on same 200.0 feet measured
perpendicular from the first course; thence south 32030' west
parallel to the first course and 200.0 feet distant therefrom
to intersect course "A-14 A-15" of the property first described
in a deed to the Washington Irrigation and Development Company
wider application No. 5545 hereinabove referred to; thence
south 15014' east 270.3 feet to the point of beginning, excepting
the area included in the second description contained in that
certain deed issued to the Washington Irrigation and Develop-
ment Company under application No. 5545
2. Permit No. 9550
The right, privilege, power and authority to perpetually back and
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hold water upon and over the land hereinafter described and to
overflow any such land and inundate the same, to -wit:
All shore lands of the second class owned by the State of
Washington situate in front of, adjacent to or abutting
upon Sections Three (3), Ten (10), Fifteen (15), Sixteen
(16) and Twenty-two (22) and Lots One (1), Two (2), Three
(3) and Four (4), Section Twenty-one (21), Township Fifteen
(15) North, Range Twenty-three (23) E. W. M., Sections
Five (5), Eight (8), Seventeen (17), Twenty (20), Twenty-
one (21), Twenty-eight (28), Twenty-nine (29), Thirty-three
(33) and Thirty-four (34), Township Sixteen (16) North,
Range Twenty-three (23) E. W. M. , and Sections Five (5),
Six (6), Seven (7), Eight (8), Seventeen (17), Eighteen (18),
Twenty (20), Twenty-eight (28), Twenty-nine (29), Thirty-
two (32) and Thirty-three (33), Township Seventeen (17)
North, Range Twenty-three (23) E. W. M.; also
All detached shore lands situate in the Columbia River and
lying between the north line of Township Seventeen (17) North,
Range Twenty-three (23) E. W. M. , and a line extending across
the Columbia River from the west end of the south line of Lot
Three (3) to the east end of the south line of Lot Four (4) in
Section Twenty-one (21), Township Fifteen (15) North, Range
Twenty-three (23) E.W.M.
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ff IS FURTHER ORDERED AND ADAMED that tis Petitioner and
the Respondent have each w*tvod mW rj& of appeal from the Decree of Public
Use and t4acesetty and hvm the judgmew Fixing Award for ftoperty Taken
awl Danuged beretoftm mak and e nt I vs d In this cause and from Ma Decree
of APPIOPILlation.
DATED this 29 day ai NvMzber, 1956.
/a/ Robert T. tfuWar
JUDGE
Pft=nL by:
WAsHw=t1 & WICKWIRE
Attorneys for Petitioner
P*ft Utility District No. 2 of Grant County
By /a/ Nat W. Washington
sed bye
4
PAINE, LOWS. COFFIN 33"S IL HERMAN
Attorneys for Respondent
Ward ogton Irrigation and Developmat Company
S -
By /a/ Alln/hdw
f1lod 6W PANWfd
Date at AX
fames M. nnowdm Comity Aac..I-v
N011AS WUNT1
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