Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1957-02-21
LeauL Advertisement


er of said strip of land, notwith.
standing the fact that the Peti.
toner has made a reasonable and
bona fide effort so to do, and
that, therefore, it is necessary
that said strip of land, and the
defendants interests therein, be
acquired by condemnation; that
the petitioner desires to acquire
by condemnation, as aforesaid
the fee simple title to strip of
land two hundred fifty (25O)
feet wide for the construction,
operation and maintenance there
on of Petitioners said electric
transmission facilities, together
with ID the right of ingress to
and egress from said strip of
land at all times, using existing
roads and Gid the right, from
time to time, to cut down, trim,
remove and keep cut all trees and
brush upon the land owned by
Defendant Bette E. Birkett adj
joining the said strip of land,
which might, in the sole and ex-
elusive judgment of the Petition.
er, at any time interfere with, or
be liable to interfere with, or fall
upon, any towers, poles, struc-
lures, wires cables, conduits or
other improvements which the
Petitioner, or its successors or as
signs, may at any time or times
construct or maintain upon, over
or under said strip of land; pro-
vided, however, that there shall
be reserved to Defendant Bette
E. Birkett, as the owner of lands
AUDITING said strip, and to her
successors in such ownership and
her lesSees of such lands CAD the
right and privilege to use said
strip for agricultural purposes so
long as such use does not inter-
fere with any use of said strip
which the Petitioner, or it's sue
cessors In ownership thereof, may
at any time or times desire to
make lit being understood that if
said abutting lands are at any
time or times divided into two
or more tracts in different own
erships, then said right of agri-
cultural use shall be divided
among said tracts in proportion
to their respective frontages OH
said strip and OBJ the right and
privilege to cross, at their own
risk, said strip, using lanes and
roads now established or which
may hereafter be established at
locations agreed to by the Peti-
toner or it's said successors Git
being understood that there shall
always be at least one such point
of crossing over such strip; pro
vided, further, that Cd neither
the Petitioner nor any of its said
successors shall be under any LA
bility for damages to property
! (growing or otherwise), suffered
while on said strip pursuant to
said right of agricultural use,
(ii) the holders of said reserved
rights shall at no time have any
right to erect or maintain any
building or other structure, or to
plant any trees, on said strip and
| Glib the Petitioner and its said
successors shall at all times have
the right (but not the obligation)
to keep said strip clear of weeds,
underbrush and trees; that said
strip of land so sought to be ac-
quired by condemnation by the
Petitioner is outlined in red on
the plat attached hereto as Elk
hibit A and is described as fol
lows: Beginning for the same at
Station 146 + 1892 (coordinates
N. 497,85219 and E. 679, 1862 ~ in
the Maryland State Plane Coor-
dinate System) in the center line
of an electric transmission line
right of way, $50 feet in width,
as now located, said point of be-
ginning being at the distance OF
595.07 feet, more or less, from
an iron pipe at the beginning of
the Bird or S. g. IA Is" w. 1856. 48
feet line of the land described in
the deed from Marvin w. Sim.
mons, ct ux Virginia HI, to
Lewis H. Guenther, ct ux MARY
W, dated May l, 1943, and re-
corded among the Land Records
of Montgomery County in Liber
912 at Folio 100; thence binding
reyersely on said line, as now
surveyed, and on land now or
formerly Of Lewis H. Guenther,
ct ux, N. g. As 80" E. 164.67 feet
to the northeasterly side of said
right of way; thence binding on
the northeasterly side of said
right Of way and on other land
of Bette E. Birkett, and running
parallel with and 125 feet distant
at right angles from said center
line, S. Az 81 81" E. 3095.06 feet
to intersect the 18th or N. IL
E. SO perch line of the land first
ly described in the deed from
Ward A. Fulton, ct ux Jennie c.
to James w. Gum, ct ux MAR
garet K.), dated October u, 1943,