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HomeMy WebLinkAboutWWP2702063(2) WGP-27-2063 LK. WA. #2 LIFT S=CN REHAB. - Easauents/ID 1 � BEGINNING OF FILE FILE TITLE ww aw 1qAWD263 ,�� WASNiN�rorl P67/#76/�JTAT/0N �a L�Frsr�noN S� M � N7sr ��s 1�wwlm III RH2 ENGINEERING, P.S. n 2n REDMOND,83 Avenue N.E.,Suite 200 052 L MER O2 5?,,Al 1fI,R"RO r A ROND WASHINGTON 98052 Ihl Ir IJ' L�1f1C l' J U 4:1LS (206)BW1488 -- DATE: 10/09/9' I JOBNO. 191.060 TO City of Renton ATTENTION: Dave Chriatenaen Mc. Dave Chzistensen RE: Lake Washington No. 2 200 Hill Ave. So. Lift Station Renton, WA 98055 i WE ARE SENDING YOU THE FOLLOWING: -- x Attached Under Sopsito Cover Via: Shop DreWinge �Rlnb x Plam --��ymplee _ SpeeNtutlo"s Copy of Letlar -change Order computes disk rCOPIES I CATE NO. _ DESCRIPTION Proposed Easements - •D" Slxa Piopoaed Easements - 8-1/2 ln, x 1-in -- THESE ARE TRANSMITTED AS CHECKED BELOW For approval Approved as wbmhtetl - Rsaubmt— ooplea for approval x For Your use Approved as noted Submit oopias for distributfen x ~ sorrsaLRts _ Return Corrected prlMte For review arq orsnmwtl _�I For BWo Ous: Prints returned offer loan tow REMARKS COPY TO: -_ =t7 SIGNED: David A. Del:a W. G10Y Cp1N W3Yil Oq 1. - _ BURLINGTON NORTHERN RAILROAD���� I- \\\i 2000 First Interstate Center PACIFIC DIVISION �� j 999 Third Avenue C DAVID GEORGE \�\iV/ 5 +99 Seattle,Washington 98104 Permit Department llU AQ(L SOC1 Telephone(206) 467-3329 OF Q.E-NOV,VL. fax No.(206)467-3315 ITV 8�tn� City of Renton EOal�e April 2, 1993 200 Mill Avenue - Renton WA 98055 Attention: David Christensen, Wastewater Utility Engineer Re: Permit Number PX92-16189 for Paving roadway to access an existing sewer lift station at KENNYDALE WO Attached is copy of completed agreement for your file. This will acknowledge receipt of vour check No. 094984 dated 11/2/92, in the amount of $800.n,, $450.00 to cover the permit fee for the FIRST TWENTY YEARS. And 5350.00 to cover BNRR's Railroad Protective In- ranee package. Before beginning any work on our right-of-wav, 48 hours advance notice moat be given to two people. One is Roadmaster Lance Vallone so that he may make any arrangements deemed necessary. His telephone number in Seattle is 206-625-6462. You moat also contact A. W. Althauser, Signal Supervisor to identify any crossing or train signal wiring. His telephone number in Centralia is 206- 330-2525. Also hefore you dig, call I-800-1'33-2891 for fiber optic locations. Should you have a NAME OR ADDRESS CHANCE in the future other than that shown in this Agreement, kindly notiiv us at the above address making reference to this Permit Agreement number. Also notify us of any change of property ownership served by this facility as outlined in this Agreement, with reference to transfer and/or assignment. �Sincerely, C. David Ceorge Permit Coordinator Art. pc: Mr, J. A. :,unter, Operations Acctg. A Contracts, St. Paul Nri ATTENTION: Marge Kemp Mr. Lance VAllone, Roadmaster, Seattle WA Mr. A. W. Althauaer, Signal Supv„ Centralia WA Ms. Judy Harris, Risk Management Analyst, Ft. Worth TX CALL BEFORE YOU DIG 1-800-533-2891 3pr0293d04 ANIM BURLINGTON NORTHERN RAILROAD 20001 iot imema,e Cwhel 9991niU 0 venue PACIFIC DIV ISIO f! Seanfe.uva,nin9ton 98104.1105 Phone 206462J329 veemrt DeO+nme", C Dana Ge019e Date. _ APR 021993 19 Dear Permittee: Because of the Burlington Northern's Insurance requirements, j We would appreciate this form being completed when the Xing has been installed and /returned to the abo,e name and address. PEF.MI T: ��r �bfJ�-�—�--- STATION: Completion Gate: 19 — Today's Date: 19 — THANK Y � Oq! C. D. Georg Permit Specialist `•dI t r � r � BU RLINGTON NORTHERN RAILROAD _ � D t7\n, 2000 First Interstate Center PACIFIC DIVISION 999 Third Avenue ' C.DAVID GEORGE VVV 'a �9 Seattle,Washington 98104 Permit Department QQR IOIJ Telephone(206) 467-3329 �F 1?,'V FaxNo.(206)467-3315 eeilo6 City of Renton 011i1 April 2, 1993 200 Hill Avenue Renton WA 99055 Attention: David Christensen, Wastewater Utility Engineer Re: Permit Number PX92-16189 for Paving roadwav to access so slating sewer lift station at KENNYDALE WA Attached :a copy of completed agreement for your file. Thii will acknowledge r-celpt ci vpwr check No. 094984 dated 11/2/92, in the amount o -OCO..X , $4S0.4t to cover the permit fee for the FIRST TWENTY YEARS, Anl $350.00 to cover BNRR'a 'Sallroad Protective Insurance package. Before beginning any work on our right-of-way. 48 hours advance notice moat be given to two people. One is Roadmaster Lance Vallone se that he may make any arrangements deemed neca,sarv. His telephone nurbei Sr Seattle is 206-625-64b2. You must also contact l A. W. Althauser, Signal Supervi. rr to identify any crossing or train signal wiring. His telephone number in Centralia Is 206- 330-2525. Also before you dig, call 1-800-533-2891 for fiber optic locaticnd. Should you h.,,e a NAME OR ADDRESS CHANCE in the future other than that shown In tb+s Agreement, kindly notify us at the above address making reference to tcis Permit Agreement number. Also notify us of any change of property ownership served by this facility as outlined in this Agreement, with reference to transfer and/or assignment. Sincerely, d C- David George r Pemit Coordinator Art. pc: Mr. J. A. Gunter, Operations Acctg. 6 Contracts, St. Paul MN ATTENTION: Merge Kemp Mr. Lance Vallone, Roadmaster, Seattle WA Mr. A. W. Althauser, Signal Supv., Centralia WA Ms. Judy Harris, Risk Management Analyst, Ft. Worth TX i CALL BEFORE YOU DIC 1-800-533-7891 apr0293d04 r. 1 ` ' .PAC-92-OOI Miscellaneous Right-of-Way Occupancy Permit No. PX92-16189 i LKWSH03L M1 THIS AGREEMENT, made this 2nd day of NOVEMBER, 1992, between BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafrer called _ "Burlington" whose post office address is 2000 First Interstate Censer, 999 Third Avenue, Seattle, Washington 98104-1105, and 1 CITY OF RENTON whose post office address is: t t j 200 Mill Avenue Souch Renton WA 98055 hereinafter called "Perm'ttee/' WITNESSETH: Burlington, for and in consideration of the fee herein provide* to be paid to it by Permittee and of the covenant, and promises hereinafter made to be ob- served and performei by Permittee, does hereby grant to Permittee license and ' permission to excavate for, construct, maintain and operate i paving roadway for access to an existing sewer lift station on the R/W i hereinafter referred to as the "facility," upon the right-of-way of Burlington, o- underneath the surface thereof of Burlington's track, as the case may be, at of near KENNYDALE, in the County of King, State of Washington, f I to be located as follows, to-wit: at Line Segment 0405 - Survey Station 970+50 - Milepost 5.71. Permittee in consideration of such license and permission hereby covenants M and promises as follows: 1. Permittee will pay in advance to Burlington for this permit the sum of THREE HUNDRED DOLLARS ($300.01) for the first TEN (10) year period hereof and 4 ONE HUNDRED FIFTY DOLLARS ($150.00) for each subsequent TEN (10) year period that this permit remains in effect and Permittee will also pay or reimburse Burlington for all taxes and assessments that may be levied or assessed agalust said 'facility' . Burlington reserves the right to change the fee on future Permits at any time without notice. This provision shall in no way affect ( Burlington's right to terminate this permit pursuant to Paragraph 10 hereof. Either party hereto may assign any receivables due them under this Agreement, 1 provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this agreement 2. Parmittee, at Permittee's sole cost and expense, shall excavate fcr, construct, reconstruct, maintain and repair the facility, placing the same in accordance with the specifications provided in application dated 9/17/92, heretofore approved by the Burlington's Division Engineer. - Permittee shall fill in the excavation, and restore the surface of tte ground to its previous condition subject to the approval of the General Manager of the Division of Burlington upon which the facility" is located. Said General Manager shall have the right at any time when in his judgment it become; necessary o- advisable, to require any material used in the work to b, replaced with like material or with material of a more permanent character; also to require additional work or change of location of said "facility" as a matter of safety, or of appearance, or on account of additional tracks being laid, change of grade thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or improvement of Burlington, all of which shall be done at the expense of Permittee in the manner herein provided, octl692d 304 5 3. Permittee shall give to the said General Manager at least two (2) days' advance notice of any work to be done by Permittee in the excavation, construction, any reconstruction, maintenance, repair, change of location or removal of the "facility", and shall conduct such work in such manner as not to interfere with the maintenance and operation of Burlington. 4. In the event that Burlington, at the request of Permittee or any agent or contractor of Permittee, or for the protection of its property and opera- tions. does any work, furnishes any material or flagging service, or incurs any expense whatsoever on account of the excavation for, construction, any recon- struction, maintenance, repalra fibaW of location, removal of the "facility" or otherwise, Permittee shall reimburse Burlington for the coat thereof within twenty (20) days after bills are rendered therefor. If the excavation for construction, any reconstruction, maintenance, repair, change of location, or removal of the 'facility", re ire- any or all of the following work: Removal and replacement of track, bridging, protection of track or other Burlington _. � facilities by work or flagging, engineering and/or supervision, such work is to be' performed by Burlington employees and the cost borne by Pen ittee. K 5. (a) Fiber optic cable systems may be buried on Burlington's property. Peraittee shall telephone Burlington at 1-800-533-2891 (a 24-hour number) to determine if fiber optic cable is buried anywhere on Burlington's premises to be i used by Permittee. if itis, Permittee will telephonethe telecommunications ��. company(ies) involved; %arreege-,ftr . s-table '1'bderor�, attd:make-arranga Mte -Or relocation or other protection.of. the .fiber- optic table prior to beginningat rmrk•on•Burlington'm'.ryremia"ln�LTnradditf4n.to ttrA Iiability terms elsewhere in this Agreement, Permittee shall Indemnify and hold Burlington harmless against and.-from. all 'cost ItabLlityi.: -amd,:,txpaosa '.ibutaoevcr, ('Including, without limitation, attorney's fees ani court costa and expenses) arising out of or in e' say way ' atrib.tcad ^t by -any"&" '0Z'0Efeatantbf Ymrmtttee;'YtY aontnetor, agents-rnd,ar ampinyet, thetreauses oo.in-.say way.os.:degree-contributes to,(1) s any damage r, cr ties.-uction of any telecommunications system by Permittee, and/or its contractor, agents and/or employees, on Burlington's property, (2) i . any injury to or death of any person :employed- by or on behalf of any t e lecoa®unicatlons company, and/or its contractor, agents and/or employees, on Burlington's property, and/car (3) any claim or cause of action for alleged lose 4 of profits or revenue by, or 1- 6 of service by a customer or user of, such ..... ..... ....W telecommunications company(Jes). 6. In the event any atbodic electrolysis or--other electrical grounding system is installed in.connection with the "facility" which, it the opinion of Burlington, in any way interferes with any train signals, telephone or telegraph lines, or other facilities of Burlington,- Parm-ttee upon being informed by Burlington of .such interference shall forthwith -discontinue operation of and remove said grounding aystem, or take curh:eteps_As may be necessary to avoid and eliminate all such interference. Permlttea further agrees to indemnify and save harmless Burlington from and against: any dex.4ges, claims, losses, suits or Ahk expenses in any manner,arising from er growine out of. interference with the signals, telephone or telegraph lines of Burlington It, the operation, use or 5 existence of any such grounding system. - 7. Permittee shall and hereby releases and discharges Burlington of and from any and all liability, for damage to or destruction of the said 'facility", and an other property p I y pro art of Permlttee lot r.[ed on or near Railroad's rimisea; and j shall and ' .itchy aasumes any and all liability for injury to or death of any and all persons whomsoever, including officers. employees and agents of the parties hereto, or loaa of Or damage to .property, to whomsoever belonging, including property owned by, leased to or in the care, custody and control of the patties v hereto, in any manner arising from or during the construction, any reconstruc- tion, use, maintenance, repair or removal of. said "facility", however such injury, death, loss, damage or destruction aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Burlington of and from,any and all claims, demands, suite, actions, damages,. recoveries, judgments, costa or expenses arising or growing out of or in connection with any such injury, death, loss, damage or destruction aforesaid. Permittee further agrees to appear and defend in the name of Burlington any suits or actions at law brought against it on account of any such personal injuries, death or damage to property, and to pay and satisfy any final judgment that may be rendered against the Burlington in any such suit or action. THE LIABILITY ASSUMED BY PERMITTEE SHALL NOT BE AFFECTED BY THE FACT, IP IT IS A FACT, THAT THE LOSS, DAMAGE, DEATH, OR INJURY HAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE. OF BURLINGTON, ITS AGENTS, J SFRPANTS, EMPLOYEES, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE oct 1692d 304 c LAW; PROVIDED, HOWEVER, THAT PERNITTEE SHALL HAVE. NO OBLIGATION TO ASSUME SUCH { LIABILITY TO THE EXTENT CAUSED BY THE NEGLIGENCE OF BURLINGTON OR ITS EMPLOYEES OR AGENTS WHERE ASSUMPTION OF SUCH LIABILITY WJULD VIOLATE WASHINGTON LAW (RCW 4.24.115), OREGON, IDAHO. OR THE PROVINCE OF BRITISH COLUMBIA LAWS. 8. Permittee shall not transfer or assign this permit without the written consent of Burlington. 9. Nothing herein contained shall imply or irport a covenant on the part of Burlington for quiet enjoyment. :i 10. It is expressly understod'd and agreed that Burlington may at any time ! cancel and terminate this license and permission by giving to Permittee thirty b, (30) days' notice in writing of its intention to cancel the same and at the expiration of each notice [hi license and permission shall terminate. Upon r receipt of such notice and be;ore the expiration thereof, Permittee, under the supervision and direction of the said General Manager, or his authorized repre-sentative, shall remove the "facility" from the right-or-way of Burlington and _j restore the right-of-way and premises of Burlington in a manner and to such condition as shall be satisfactory to the said General Manager. if Permittee ',... II shall fail to remove the "facility" and restore the said right-of-wav to such 1 condition within said thirty (30) day period, Burlington at Its option may x: remove the same and restore the said right-of-way to its previous condition, and 1 a, Permittee shall pay TO Burlington the coat and expense thereof. 11. Upon any failure of Permittee to punctually and strictly to observe y- and perform the covenants and promises made herein by Permittee to be kept and g` performed, Burlington may terminate this Agreement on ten (10) days' notice to +A + 7, Permittee, remove the "facility", and restore the right-of-way to its previous e condition at the cost and expense of Permittee. r 12. In the event of Permittee's removal of the "facility" from ,. Burlington'sPermittee g premises, agrees [o te+minat. said agreement by notifying a Burlingtcn's General Manager in wriC:ng of P aittee's removal of "facility" and gp termination of said Agreement within third (30) deya from date of removal of said "f acillty' from Burlingtor's premiaes.Any notices given under the ¢4^•wl j provisions of this Agreement shall to good if deposited postpaid in a United 1 t States post office addressed to Permittee at Permittee's poet office address above stared or as otherwise directed by Permittee. 13. Any notice given under the provisions of this Agreement shall be good if deposited with the United States Postal Service addressed to Permittee at Permittee's past office address above stated or as otherwise directed by I Permittee. I j 14, The license and permission herein granted is sub iett to permits, leases and licenses, if any, heretofore granted by Burlington affecting the r premises upon which said "facility" is located. 15. The license and permission herein granted 1s subject to permits, leases and licenses+ if any, heretofore granted by Burlington affecting the premises upon nhich said "facility" is located. Subject to the foregoing provisions, this Agreement and all of the covenants and promisee thereof, shall inure to the benefit of and be binding upon the parties hereto, their respective executors, administrators, successors - t-' and assigns. 1 oct1692d304 q. e ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO. PX92-16189 DATED November 2, 1992 The Permitter or his contractor(s) shall procure and maintain in full force and effect during the construction period and all future maintenance or reconstruction periods, which require the use of heavy machinery or excavation of soil upon BURLINGTON's Right-of-way or within FIFTY (50) FEET of BURLINCTON'e tracks the following insurance: (1) Commercial General Liability (including contractual liability) against all claims arising out of bodily injury, illness anddeath and from damage to or destruction of our property of to property of others, including lose or use thereof, and including liability of Burlington, with minimum limirrs, fo�r bodily injury and property damage of $1,000,000 for each occurrence and (2) Railroad Protective Liability Insurance for bodily injury and property damage, covering all acts of the Permittee or his contractor during construction of Permit Number PX92-16189, with standard limits of $2.000,000 per occurrence,, with an aggregate limit of $6,000.000. The ' BURLINGTON will be the named( insured on the Railroad Protective Liability Policy. This Policy and the Certificate of Insurance for General Liability moat be-submitted with this Permit,0 The Railroad Protective Liability coverage may be provided by exercising one-of the two following-.altereatives.. r. (r) Permittee or his contractor(s) purchase a policy an the-open market or (b) Permittee shall have the option to participate in the Burlington Blanket Railroad Protective Liability progtam:by Paying,to Burlington in ehaek, prior to the commencement of any•work.ar aceme , under this Parmit,-the amount of $350.00 referencing Permit No. P%92`Mgq,.- - -- S. I Prior to commencement of- any work' to be erformed undo ton the ORIGINAL INSURANCE r this agreement. Permittee shall submit to Burlington AANCE POLICY AS DESCRIBED IN (A) ABOVE, WITH the Permit No. R%92-16189 shown on the declarations page. It Is understood that said insurance polity shall be so written that no Insurance company.-shall have say. racoorse against Burlington, by way of subrogation or otherwise, for-any less twarad by or paid or payable under amid policies. C _Omens Contractors Inc 51D�_o �a� CO• Contractor 5kkbcontractor CO(b ti4AO P 0 Box 430 ",".,a _ Add re se Addree ' kGUY kfY4 JeO64- 4r.%,a o1 2J —Duvall. VA N019 (206) RRl 16m ram_._ u, i.,..�r , City, State, Zip, Phone tiumber Cit_y p;t state• Zip-,'Phone Number ` Frank Post �eµN �A 2,maJ neer ae / Gnrdon Vao * r .� -" Pro act Engineer a Name r j B Project Eng near s Name If more than one Subcontractor is involved, attach additional information to this Addendum, together with Insurance required Y . L' NEITHER PEP'IITTEE, CONTRACTOR, OR ANY SUBCONTRACTOR SHALL BEGIN ANY WORK ON BURLINGTON S PROPERTY AND OR RIGHT-OF-WAY UNTIL ALL NECESSARY EVIDENCE OF INSURANCE HAS BEEN FURNISHED AND APPROVED BY BURLINGION, AND THE ROZ14ATTFR NOTIFIED 46 HOURS IN ADVANCE. Jestlons or clarifications of insurance requi'.'ements may be directed to: 1 Ms. Judith Harris Risk Management Analyst ?' BURLINGTON NORTHERN RAILROAD COMPANY 717 Main Street Fort Worth, TX 76102 �✓ Phone: 817-878-2374 FAX: 817-878-2317 J octl692d305 a . r. J IN WITNESS vMEREOF, Burlington and Permittee have esenrted this Agreement the day and vear first above written. BURLINGTON NORTHERN RAILROAD COMPANY 1 Title: DIVISION ENGINEER Witnesses in the esence of: C_TY RENTON ttnes s Bv• �tersen, City Clerk Ea 1 C ynrCjl� r d zB Title: Mayor C. Anderson, Deputy Clerk I i i d t oct1692d J04 CITY OF RENTON Planning/Building/Public Works Department Earl Clymsr, Mayor _ Lynn Guttman.Admialstmier November 19, 1992 C. David George, Permit coordrnaU2r Burlington Northern Railroad 2000 First Interstate Center 999 Third Avenue Seattle,WA 98104 SUBJECT: 1992 LIFT STATION REPLACEMENT BNRR PERMIT NUMBER PX 92-16189 bear Mr. George: Please find attached for It al execution by Burlington Northern Railroad the two originals of Permit Number PX 92-16189 that allows the C.ty, through its contractor to Perform some additional paving to unprove access to its existing sewage lift station. In audition, a check it the amount of $800 is enclosed which covers the $450 permit fee as well as $350 toward inclusion in BNRR's blenket railroad protective liability program. The City of Renton greatly a,.preciates the expecltious manner in who) Burlington Northern has processed out permit request. We Icok forward to it \ing forward with our work upon receipt of our permit. It you have any questions or require additional intor:nation, please contact me at 12961 277-6212..— merely litti- �id M.`Chfistensen Wastewater Utility En gineer ine r 9 C DOCS:92 941:ak1Cge pn fndoswu it 4.1 •a] 3 X; 200 Mill Avenue Soeth - Rerdon. Washington 99055 j 1JA s ed4¢ ,rt �l`(a rrF, ktr>�e 3 r yr T CITY OF RENTON 094984 r U S.6ANK OF WA9NWDTON it qONZ, AP PFNTUN 6MNCN 1}50 PAY Eiaht Hundred and nu/100's DATE 11_2_92 /Wdm[sa5800.00-+* vow AFTER a MONTNs -� TO THE OROER OF 1 Burlington Northern RR 1,309`.9840 E:1,2 5000 110 51: 0217 0558t.7RF VENDOR NO I VENOOP NAME I CN"C"OAT` I CHECK AMOUNT CHECK NO NVOItt I AMOUNT I I INVOKE I AMOUNT w .{ 1 M I 1 A f CITY OF RENTON•200 MILL AVE S.•RENTON.WASHINGTON 9Rn65•PIIONF 12061 235 2612•FAX 12061 2064613 1 3 F PAG-92-001 Miscellaneous r Right-of-Wav Occupancy Permit No. PX92-16189 I LKWS1403L THIS AGREEMENT, Wade this 2nd day of NOVEMBER, 1992, between RURLLN6TON i NORTNFRN RAILROAD COMPANY, a Delaware corporation, hereinafter called "Burlington" whose post office address is 2000 First Interstate Center, 999 Third Avenue, Seattle, Washington 98104-1105, and - CITY OF RENTOA whose post office address is: '�- 200 Mill Avenue South i r Renton WA 99055 herefnafte- ,alled "Permittee," WITNESSETN: Burlington, for and in consideration of the fee herein provided to be paid to It by Permlttee and of the covenants and promises hereinafter made to he ob- served and performed by Permittee, does berebv grant to Permittee license and permission to excavate for, construct, ma!,tain and operate 77 i. paving roadway for access to an existing sewer lift station on the R/W hereinafter referred to as the "facility," upon the right-of-way of Burlington, or underneath the surface thereof of Burlington's track, as the case may be, at II or near N KENNYDALE, in the County of King, State of Washington, to be located as follows, to-vit: t at Line Segment 0405 - Survcv Station 970.50 - Milepost 5.71. I Permittee in consideration of such license and permission hereby covenant, and promises ar follows: I� 1. Permittee will pay in advance to Burlington for this permit the swim of THREE HUNDRED DOLLARS ($300.00) for the first TEN (10) year period hereof and ONE 14LMRED FIFTY DOLLARS (S150.00) for each subsequent TEN (10) year period that this permit remains in effect and Permittee will also pay or reimburse Burlington for all taxes and assessments that may Le levied or assessed against said "facility". Burlington reserves the right to change the fee on future Permits at any time without notice. This provision shall in no way affect 1' Burlington's right to terminate this permit pursuant to Paragraph 10 hereof. Either party hereto may assign any receivables due them under this agreement, provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this agreement. Z. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair the facility, placing the same in accordance with the specifications provided in application dated 9117/92, heretofore approved by the Burlington's Division Engineer. i 1 Permittee shall fill in the excavation, and restore the surface cf the ground to its ptevlous condition subiect to the approval of the General Manager of the Division of Burlington upon which the "facility" is located. Said General Manager shall have the right at any time when to his lodgment it becomes necessary or advisable, to require inv aterial used in the work to he replaced with like material or with material of a more permanent character; also to require additional work or change of location of said "facility" as a matter of safety, or of appearance, or on account of additional tracks being laid, change of grade thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or improvement of Burlington, all of which shall be done at the expense of Permittee in the manner herein provided, oct1692d 306 � / f 4 ��M 3. Permittee shall give to the said General Manager at least two (2) days' advance notice of any work to be done by Permittee In the excavation, construction, any reconstruction, maintenance, repair, change of location or removal of the "facility", and shall conduct such work in such manner As not to interfere with the maintenance and operation of Burlington. 4, In the event that Burlington, at the request of Permittee or any agent or contractor of Permittee, or for the protection of Its property and opera- tions, does any work, furnishes any material or flagging service, or incurs any expense whatsoever on account of the excavation for, construction, any recon- struction, maintenance, repair, change of location, removal of the "facility" or otherwise, Permittee shall reimburse Burlington for the cost thereof within twenty (20) days after bills are rendered therefor. If the excavation for construction, any reconstruction, maintenance, repair, change of location, or remove: of the "facility", requires any or all of the fo,lowinR work: Removal and replacement of track, bridging, protection of track or other Burlington facilities by work or flagging, engineering and/or supervision, such work is to F be performed by Burlington employees and the cost borne by Permittee. 5. (a) Fiber optic cable systems may he buried on Burlington's property, Permittee shall telephone Burlington at 1-800-533-2891 (a ?4-hour number) to determine if fiber optic cable is buried anywhere on Burlington's premises to be used by Permitter. If it is. Permittee will lolephone the to lecoma ic.At tons 1 company(tea) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on Burlington's premises, In addition to the liability terms elsewhere In this Agreement, Permittee shall indemnify and hold Burlington harmless against and from all. cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expensed arising out of or in any way contributed to by any act or omission of Permittee, its contractor, agents and/or employees, that causes or 1n any way or degree contributes to (1) 1 any damage to or destruction of any telecommunicatins system by Permittee, and/or its contractor, agents and/or employees, on Burlington's property, (2) 1 any iniury to or death of any person employed by or on behalf of any b " telecommunications company, and/or its contractor, agents andjor employees, on Burlington's property, and/or (3) any . ;aim or cause of action for alleged loss of profits or revenue by, or loss of service by A customer or user of, such telecommunications compenv(ies), 6. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the "facility" which, in the opinion of Burlington, in any way interferes with any train signals, telephone or telegraph lines, or other facilities of Burlington, Permittee upon being informed by Burlington of such in•.erference shall forthwith discontinue operation of and remove said grounding system, or take such steps as may he necessary to avoid and eliminate all such Interference. Fermittee further agrees to indemnify and save harmless Burlington from and against any damages, claims, losses, suits or expenses in any manner arising from or growing out of interference with the signals, telephone or telegraph lines of Burlington by the operation, use or existence of any such grounding system. 7. Permittee shall and hereby releases and dischargeR Burlington of and from any and all liahility for damage to or destruction of the said "facility", and any ether property of Permittee located on or near Railroad'a premises; and i shall and hereby assumes any and all liabiliry for tnlury to or death of any and nil persons whomsoever, including officers, employees and agents of the parties hereto, or loss of or damage to property to whomsoever belonging, including , property owned by, leased to or in the care, custody and control of the pantie; ' hereto, in Any manner arising from or during the construction, en% reconstruc- tion, use, maintenance, repair or removal of Raid "facility", however such Injury, death, loss, damage or destruction aforesaid may c sur or be caused; and a shall and hereby does Indemnify and save harmless Burlington of and from any and all claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or In connection with Any such injury, death, loss, damage or destruction aforesaid. Permittee further agrees to appear and defend in the name of Burlington any quits or actions at law brought against it a on account o° any such personal injuries, death or damage to property, and to pay and satisfy any final fudgment that may be rendered against the Burlington in any such suit or action, THE LIABILITY ASSUMED BY PF.RMITTF.F. SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE LOSS, DAMAGE, DEATH, OR INJURY '•� WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NF.CLIGENCC DF RURLTNGTON, ITS AGENTS, SERVANTS, F.MPLOYF.RS, OR OTHERWISE, TO THE FULLEST EETFNT PERMITTED BY APPI.TCABLR J oct1692d304 1 1 ,, LAW; PROVIDED, HOWEVER, THAT PERMITTE£ SHALL. HAVE NO OBLIGATION TO ASSUME SUCH LIABILITY TO THE EXTENT CAUSED BY THE. NEGLIGENCE OF BURLINCTON OR ITS EMPLOYEES OR AGENTS WHERE. ASSUMPTION OF SUCH LIABILITY WOULD VIOLATE '*ASHtNGTON LAW (RCW 4.24.115), OREGON, IDAHO. OR THE PROVINCE OF BRITISH COLUMBIA LAWS. 8. Permittee shall not transfer or assign this permit without the written consent of Burlington. 9. Nothing herein contained shall imply or import a covenant on the part of P :lington for quiet enjoyment. 10. It is expressly understood and agreed that Burlington may at any time cancel and terminate this license and permission by giving to Permittee thirty (30) days' notice in writing of its intention to cancel the same and at the expiration of such notice this license and permission shall terminate. Upon receipt of such notice and before the expiration thereof. Permittee• under the supervision and direction of the said General Manager, or his authorised repre- sentative, shall remove the "facility" fror the right-of-way of Burlington and restore the right-of-wav and premises of Burlington In a manner and to such condition as shall be satisfactory to the said General Manager. If Permittee r shall fail to rCneve the "facility" and restore the said right-of-wav to such condition within said thirty (30) day period, Burlington at its option may remove the same and restore the said right-of-wav to its previous condition, and Permittee shall pay TO Burlington the cost and expense thereof. t 11. Upon any failure .sf Permittee to punctually and strictly to observe and perform the covenants and promises made herein by Permittee to be kept and 5 performed, Burlington may terminate this Agreement on ten (10) days' notice to Permittee, remove the "facility", and restore the right-of-way, to its previous condition at the coat and expense of Permittee. a 12. In the event of Permittee's removal of the "facility" from Burlington's premises, Permittee agrees to terminate said Agreement by notifying t Burlington's General Manager in writing of Permittee's removal of "facility" and termination of said Agreement within thirty (30) days from date of removal of 4 . said "facility" from Burlington's premises.Anv notices given under the provisions of this Agreement shall be good if deposited postpaid in a United States post office addressed to Permittee at Permittee's post office address 4. above stated or as otherwise directed by Permittee. o- 4'- 13. Any notice given under the provisions of this Agreement shall be good if de"osited with the United States Postal Service addressed to Permittee at Permlrtee's post office address above stated or as otherwise directed by }. Permittee. 14. The license and permission herein granted _: subject to permits, leases and licensee, if any, heretofore granted by Burlington affecting the ' premises upon which said "facility" is located. 4 15. The liecnae and permission herein granted is subject to pe mits, leases and licensee, if any, heretofore granted by Burlington affecting the premises upon which said "facility' is located. Subject to the foreRning provisions, this Agreement and all of the covenants and promisee thereof, shall inure to the benefit of and be binding 7 upon the parties hereto, their respective executors, administrators, successors and assigns. r I .1 \ { oct1692d304lip N - Y • . Ty �4 AODENDUM TO BURLINGTON NORTHERN RAILROAD C(1MPANy PERMIT N0, PX92-16189 DATED November 2, 1992 The Permittee or his contractor(s) shall procure and maintain in full force and effect during the construction period and all future maintenance or reconstruction perloda, which require the use of heavv machinery or excavation of soil upon BURLINGTON's RSRht-of-wav or within FIFTY 60) FEET of BURLINGTON's tracks the following insurance. (1) Commercial General Liability (including contractual liability) against all claims &rising out of bodily injury, illness and death and from damage to or destruction of our property or to property of others, including loss or use thereof, and including liability of Burlington, with minimum limits for bodily iniury and propertv damage of $1,000,000 for each occurrence and (2) Railroad Protective Liability Insurance for bodily injury and property damage, covering all acts of the Permittee or his contractor during construction of Permit Number PX92-16189, with standard limits Of $2,000,000 per occurrence, with an aggregate limit of $6,000.000. The BURLINGTON will be the named insured on the P.a ll rood Protective Liability Policy. This Polley And the Certificate of Insurance for General Protective Liability must be submitted with this Permit. The Railroad Protective Liability coverage may be provided by exercising one of r:. the two following alternatives: (a) Permittee or his contractor(s) purchase a poilcv on the open market or (b) Permittee shall have the option to participate in the Burlington Blanket Railroad Protective Liability program by paving to Burlington in check, prior to the commencement of any work or access under this Permit, the amount of $350.00 �. referencing Permit No. PX92-16189, Prior to commencement of any work to be performed under this agreement, t Permittce shall submit to Burlington the ORIGINAL INSURANCE POLICY AS DESCRIBED (: IN (A) ABOVE, WITH the Permit No, PX92-16189 shown on the declarations bi page. It is understood that said insurance policy shall be so written that no insurance company shall have env recourse against Burlington, by wav of subrogatipolicies.on or otherwise, for any loss covered by .�r aid or payable under said policies. P Contractors !s Contractet 8 B Asoh;lt 4 Subconcra�tor P 0 Box 430 22228 - 9B Addre as Address th Me St _QuYall NA oRnl ( nAl City, State, 21h, �o�-mhe _l EdRlond__"�-�aa---g°-Q�--��_Jmber City, Slate, 71.p. Phone Number Frank Postlewaite / rdon Naa5�. Project F.ngf near s Name N1 Protect Engine hrx e. er s NamT�e If more than one Subcontractor is Involved, attach additional information to r this Addendum, together with Insurance required. NEITHER PERMITTEF. CONTRACTOR, OR ANY SUBCONTRACTOR SHALL BEGIN q]y WODX ON BURLINGTON S PROPERTY AND OR RIGHT-OF-WAS' (R7T IL INSURANCE HAS BEEN FUR]i5liFp pND ALL NECESSARY F. OENCE ' APPROVED BY BL'RLI NCTO], AN'D THE ROgDMASTFR Y NOTIFIF,�4R HOURS iN ADVq]CF„ - Questions or clarifications of insurance requirements may he directed to: Ms. Judith Harris kisk Management Analyst BURLINGTON NORTHERN RAILROAD COMPANY 777 Main Street Ip . Fort Worth, TX 76102 Phone: 817-878-2374 FAX: 817-878-2377 y L oct1692d30s 'm j IN WITNFSS WHEREOF, Burlington and Permittee have executed this Agreement the day and vear first above written. BURLINGTON NORTHERN RAILROAD COMPANY Title: DIVISION ENGINEER WS[ne ears in the resence of: CITY RENTON _ Bv; Witness) etersen, City Clerk Earl Clymer L� Title: Mayor _t nee s nderson, Deputy Clerk yeti j r 1 i +i 1 ottlfiM304 a 9 BEGINNING OF FILE •IL. ,ITLEJcL d�SMM 'ryr R ORIGINAL PO/f'ER r '1 EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM For and in consideration of One Dollar (51.00) and other valuable consideration,the receipt of which is hereby acknos:eoged,BARBEE FOREST PRODUCTS INC..a Washington C rooration('Grantor herein),grants,conveys and warrants to PUGET SOUND POWER a LIGHT COMPANY,a Washington corporation('Grantee'herein),lot the purposes hereinafter set forth a perpetual easement under,across and over the following described real property phe -Property-herein)King County,Washingto See Attached Exhibit A 1 4 t r y r Except as may be otherwise set fonh herein Grantee's rights shall be exercmad upon that portion of the Property(the 'Rightoi-Way'heroin)describsd as follows: A siaaol-a1QA1l69,uQ-d&smawd .. asJWbws; All o: the above described property. i !j i 1. Purpose. Grantee shall have the right to construct,operate.maintain,repair,replace and enlarge an underground electric transmission and/or distribution system upon and under the RghtuhNay together with all necessary or cr- - isnt al puitenances therefore,which may include but are not limited to the following underground conduits, an., .,, communication lines;vaults, manhoias, switches, and transformers:and semi-buried or ground mounted facilities. Following the xitlal construction of its facilities,Grantee may 1n m lime to time conslmct such additional facilities as it may require. 2. Access. Grantee shall have the right of access to lire niightof-Way over and across the Property to enable $ Grantee to exercise no rights hereunder,provided,that Grantee shall compensate Grantor for any damage to the Property caused by the exercise of said rigilt of access. 1 3. Obstructions;0ndscaping. Ganes may from time to time remove trees,bushes,or other obstructions within the Right-of-Way arse nay level and grade the Right-of-Way to the extent reasonably necessary to carry out the purposes set form in Pa.-nraph 1 hereof, provided,that following any such work, L:antes shall,to the extent reasonably practicabfa,restore the Right-of-Way to the condition a was immediately prier to such work. Following the installation of Gramsa's underground facilities,Grantor my undertake any ordinary improvements to the landscaping of the Rghtol-Way,provided that no trees or other plants shall be placed thereon,which mud be unreasonably expensive or impractical for Grantee to remove and restore. a. Grantor's Use of Flightof-Wey. Grantor reserves the right to use the Rightoi-Way for any purpose not inconsistent wth the rights herein granted,provided: that Grantor shall not co�strucl or maintain any building or other structure on the Righto6Way,whxh would interfere with the exercise of the rights herein granted;that no digging, tunneling or other form of construction activity shall be done on the Property,which cow d disturb the compaction or unearth Grantee's facilities on the Rlghtof-Way,or amongst the lateral support to said lac01les,and that no blasting shall be done within 15 fast of the RghlobWay. S. Isdamnity. By accepting and recording this easement,Grantee agrees to indemnity and hod harmless Grantor from any and all claims tot injuries and%or damages suffered by any person,which may be caused by the Grantee's exercise of the rights herein granted;provided that Grantee shall not be responsible to Grantor for any injuries and/or damages to any person caused by acts or omissions of Grantor. 6. Abandonment. The rights herein granted shall continua until such time as Grantee ceases to use the Rightoi Way for a period of two(5)successive years,in which event this easement shall terminate and all rights hereunder i shall raven to Grantor,provided that no abandonment shall be doomed to nave occurred by reason.of Grantee's failure to initially install its facilities on the Right-o6Way within any send of time from the dat.hereof 7. Successors and Assigns. The rights and ob:igations of the parties shall inure to the ba^•Ilt of and be binding upon then respective successors and assigns. 799.37 1-79 9304231 1 KJ/AC001 245-126 i DATED this dayol IZ Vn..vs7f __ ly GRANTOR BAR FOREST PRODUCTS.INC.,a Washington Corporation BY I l 4� By _ STATE OF WASHINGTON ) COUNTY OF ) SS 1 On this day personally appeared oelora me QnR,cpT c r r.and to_ to me known to as the -- i s^d s^"rsapyctwey,of BARBEE FOREST PRODUCTS,INC.,them ""poralior Nat of mid the foregoing inelru Q, t/1�dgad the acid instrument to be the tree and voluntary act and exec of said corporation,for the tr(erein mentioned,and on oath gated that they authorized to execute the said instrument an a a 6 the mrporate seal of said corporation. NNqq�[ �;,,,t�Cr Witness my hand an HK41a saaL'K4 v—At�day of g��__ E,• NBUGNa y4�F K'ASHn G' Residing at_1!E_dLT�AJ d Washingtoq ,y My commission expires zjzkr-, T 8 'sy ..w � r I i J 9304238-Xol KJ/AC001 245-126 CHRISTENSEN KXRI13IT ik kU That Portion� of Lot 10, 11, 12 and 13 of C. D. HILLMAN'S LAKE _ WASHINGTON GARDEN OF EDEN, DIVISION NO. 2, described as fellows: Beginning at the southeasterly property Corner of said Lot 13; thence northeasterly along li and 10, said line also beinq£the West ast lot line of said Lots 13, 12, .#'} Northern right-of-way, a distance of 1 line of Burlington the northeasterly property corner of 03 feet, more or less,along the North said Lot 10; to feet, m property line of said Lot 10, thence westerly a and ore or less;ortthence southwester) a distance of 6.5 East plineoofosa id f 23 along a line parallel yand e5.aid Lot 10, 11 12 t 10, 11, 12 and a 0 feet West of the also being the West line of Portion of 13; distance of Burlington Northern ri ht-said line 84.75 feet more or less; thence wester) of-of s ! � a�wj• Of said Lot 13 on a line pa za11e1 and 15.0 feet North Property 1' Y over Portion thence southwesterI Lot 13, a tlistarce of 45 f of South M ` the East line of -Y along a line feet, more or less; portion parallel and 40.0 feet West ea ~West Iine of Burlington Northern Lot 13; said line also being the of feet, more or less, to the inter»ect inn ow-way, a distance of 19.25 line to said Lot 13; thence easterl wit the South is Of said Lot 1 Y along the South property POINT OF 3' a distance of 51.5 feet, more Property line BEGINNING. or less, to the TRUE PSSaa.l e• �' That Portion of Lot 13 of EDEN, DIVISION NO. y C.D. HILLMAN'S LAKE WA records f recorded is Volume 11 SHINGTON GARDEN OF o quarter County, W-ohingt on to Plats, Page 64 Northwest - , des quarter of Sec ion 32, ' as situated within the W�M., described as folly s; Township 29 Nortir, Range 5 East, Beginning at the northeasterly Property corner of said Lot 13; thence westerly along the North property line of said Lot 13, a distance of 6.5 feet, more or less to the we utility easement granted to the City of Rentonof File No. 7207190533, Y line it a and the TRUE POINT under Auditor's thence southwesterly OF BEGINNING; ' easement, thwesterly along the westerly line of said utility ea right angles Parallel with and 5.0 feet West s e - intersection withda the easterly line of said Lot 13ftoaanmeasuzed North of, as measured rat which is Parallel with and 15.0 feet Of said Lot 13; at right angles to, the South r p operty line thence westerly along said parallel line to an intersection line, which is 10.0 feet northwesterly, as measured se right angles to, the easterlyc[ion with a line of said Lot 13; , thence northeasterly along said parallel line to an intersection 1 with the North line of said Lot 13; thence easterly along the North line of said Lot 13 to the TRUE POINT OF BEGINNING. BURLINGTON NORTHERN RAILROAD �,`� 1' 2000 F.rst Interstats C,nte, PACIFIC DIVISIONlt ')3' �jV ! 999Thirdcenue C.DAVID GEORGE � Seattle,Washington 98104 Pe.m.t Department Telephone(206) 467-3329 Fax No.(206)467-331S Cityof Renton CITY OF RENTON October 16. 1992 Depl- ' - 200 Mill Avenue SouthEO$IneeflnB Renton WA 98055 Attention: David Christensen. Wastewater Utility Engineer R£: Permit Number PX92-16185 for Paving roadway to access an existing easier lift station at KF.NNYDALE WA Enclosed, in duplicate, is the above-mentioned Permit and Addendum draft. BOTH copies of the Permit most be signed in the presence of witnesses and returned for our signature. One copy will be return- ed for your file. At that time, you will be provided with inform- ation on contacting tae Roadmaster and scheduling work on our property. If you hire a contractor/s to perform the work outlined in this Permit, their name and address/es must be provided on the Addendum. Contractor information and evidence of insurance is required in order to execute the Permit. Please call us if this will take longer than 30-days from receipt of this letter. To complete the process, the following must be returned to our l office: 1. Signed end witnessed Permit and ccMleted Addendum. 2. Your check in the amount of $450.00 to pay for the Permit. 3. An original RAILROAD PROTECTIVE LIABILITY POLICY or your check for $350.00 to cover participation in Burlington Northern's Blanket Railroad Protective Liability Program. 4. Evidence of General Liability, Vehicle 6 Workers Compens- ation Insurance as required for Permittee, Contractor and/or Sub-Contractors. THIS DRAFT PP.RMIT DOES NOT GIVE YOU THE LEGAL. RIGHT TO PROCEED WITH ANY WORK OR TO-ENTER BURL INGTON A RIGNT-OF-WAY. DO NOT PLAN CON- . STRUCTION UNTIL YOU RECEIVE. AN EXECUTED COPY OF THE PERMIT. SSi[ncerelyrz 0 C. David Georg Permit Coordinator Enclosure Pile: R411 Renton WA oct1692d306 i I 4 �4 �-nrF�v NNcowmRetvRN ro. Gt:ec of the Crry Geh Rent MI Municipal BtaAing Utilities Prvka File• I.JU1P—{j= � zoo m.Avenue loam EASEMENT Gmnt T.Account t, O Nenton.dA 9a055 ft.d ta)Name rs RTW. L w i Tllls INSTRUMENT,made this day of_AVA, _ 1993 by and between Barbee Forest Products.Inc. hereinafter called`Grantor(s),"and the CITY OF RENTON,a Municipal Corporation of King County,Washington,hereinafter called't rime." $ That said Grantor(s),for and in consideration of the su[r of $1.00 paid by Grantee,and other valmble consideration,receipt of which is hereby acknowledged,do by these presents,grant,bargain,sell, convey,and warrants unto the said Grant",its successors and assigns,an easement for public utilities (includingwater and sewer with neee55a1'V.. urteaances over, under,throw) pp gh,across and upon the � following described property(the right-of-way)in King County,Washington,trore par'.icularly described as follows: 5... That portion of Lot 13 of C.D. Hillman's Lake Washington Garden of Eden Division N2, recorded in Volume I 1 of Plats, Dade 64 records of King Countv,Washington, as situated -, within the NW 1/4 of Section 32, Township 24 north, Range 5 east, W.M., described as follows: j,. BcgfnMng at the Northeasterly property comer of said Lot 13; r Thence westerly along the north property line of said Lot 13 a distance of 6.5 feet more or T4 less to the westerly line of a utility casement granted to the City of Renton under Auditors C1 File No.7267190533,and the true point of beginning; JIIB.r` � Thence southwesterly along the westerly line of said utility casement, which is parallel with and 5.0 feet west of,as measured at right angles to,the easterly line of said Lot 13 to an intersec it with a line which is parallel with and 15.0 feet north of, as measured at right angles to,the south property line of said Lot 13; Thence westerly along said parallel line to an intersection with a W.e 71tdch is 10.0 feet northwesterly as measured at right angles to,the easterly line of sai,.Lot 13; Thence northeasterly along said parallel line to an intersection with the north line of said Lot 13; Thence easterly along the north line of said Lot 13 to the true point of beginning. f Together with a temporary construction easement described as: That portion of Lots 11, 12 and 13 of C.D. Hillman's Lake Washington Garden of Eden Division AZ,recorded in Volume 11 of Plats, page 64 reco:ds of King County Washington, as situated within the NW 1/4 of Section 32, Township 24 north, Range 5 East, W.M., described as follows Beginning at the northeasterly property comer of said Lot 13; i Thence westerly along the north property line of said Lot 13 a distance of 6.5 feet more or less to the westerly line of a utility easement granted to the City of Renton under Auditor's File No.7207190533,and to the true point of beginning; (continued to Page 2) EXCISE TAX NOfc? O 1 shnt t of.i W'W A. 9ra> �93-5g � QecE kkNO�(a�/IE 5'35 Jt� }9. 14 -- _J ,�}j L Utilities EASEMENT 9arboe Forest Products,Inc.(Page 2) Thence continuing westerly along the north We of said Lot 13 to An intersecti-ri with a line which is parallel with, and 10.0 feet northwesterly oi,as measured at right angles to, the easterly line of said Lot 13; Thence southwesterly along said parallel line to an intersection with a line which is �k�} parallel with and 15.0 feet northerly of, as measured at right angles to, the south We of said Lot 13; Thence westerly along said para,el We to An intclsectlon with a W� which is parallel with, and 34.0 feet northwesterly of, as measured at right angles to the easterly We of said Lot 13; yiro:' Thenc^northeasterly along said parallel line to An intersection with a line which is parallel , with,a..0; o feet northerly of,as measured at right angles to,the north lime of Lot 13; n i Thence easterly along anlld We to an intersection with a We which is parallel with, and 26.0 feet nonho ...ly of, as measured at right angles to, the easterly line of said �. Lot 13; t Thence northeasterly along said panLcl line to an intersection with a line which is parallel with, and 25.0 feet northerly of, as measured at right angles to, the north We of said Lot 13; I 1lS y :7 Thence easterly along said parallel We to an intersection with a We which is parallel with, CO) and 5.0 feet northwesterly of, as measured at right angles to, the easterly line of said Lot 13, said parallel We also being the westerly line of said utility easement recorded under t Auditor's File No.7207190533; t - Thence southwesterly along said westerly utility easement We to the true point of beginning. ( . Said temporary construction easement shall remain in force during construction and until such time as { the utilities and appurtenances have been accepted for the operation and maintenance by the Grantee but not later than December 31 1993. onvavrrewr vrwvw� Utpa Fasr 5Mu 3 (a I r I exrc emwrtr eve vr.iwv n r1 � 9S6M9:AJ, nbRnelceff j ?3-5.5� 'k i v'rl. r i j �,-the purpose of constructing,reconstrw-ting,installing,repairing,replacing,enlarging,operating and t . •�itainin utilities and utility pipelines,including, B g ry p pe g,gut not Limited to,water,sewer and storm drainage `. 1; r together with the ngbt of ingress and egress thereto without prior institution of any suit or 1 ,�ceedings of law and without incurring any legal obligation or habdlry;hrrcfure. Foll.;wing the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may . require. This casement is granted subject to the following terms and conditions' I t 1. The Granrec shall,upon completion of any work within the property covered by the easement, 7•, rcstr-rc the surf- f the easement.and any private bnproveruents disturbed or destroyed during ,. i execution of tha,work,as nearly as practicable to the condition they were in immediately before •`""' •' y�S '. commencement of the wor4 or entry by the Grantee. 2. Grantor shall retain the rip:n to use the surface of the casement as long as such o.,e dxs not *J. interfere with the easement:fights granted to the Grantee. Grantor shall not,however,have the right to'. [ a. Erect or maintain any buildings or structures within the easement;or b. Plcnt trees,shrubs or vegetation having deep root patterns which may cause damage to or D [� interfere with the utilities to be placed within the easeme„t by the Grantee;or CD c. Develop,landscape,or beautify the casement area in any way which would unreasonably 'r increase the costs to the Grantee of restoring the easement arcs and any private improvements therein. .7 d. Dig,tunnel or perform other form$of construction activities shall be done on the property which v4 would disturb the compaction or unearth Grantee's facilities on th^right-of-way,or endanger the lateral support facilities. c. Blast within fifteen(15)feet of the right-of-way. This easement shall run v;Ali the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they arc the lawful owners of the above prope 'es and that ttcy have a good and lawful right to execute this agreement Simiturls o ran s and and and and aFFFF,FFrrarnr mist CrA sS1CLiQw�EPSMFM STATE OF WASHINGTON ) SS COUNTY OF KING ) 1 certify that I know or have satisfactory evidence that and _ signed this instrument, on oath stated that he/1fi0/1itey was/*ere at. orized to execute the instrument and acknowledged it as the ---- and ----of be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Dated �Q C t�aJ Notary Public in and for the S sec of Washington residing at My appointment.e7xppiree�s--. e c UIIIiiK6 f1iC,IKn1 r/r jY t�-� ��� Corp.nm Fo.m m« 93-53 LEGEND CD 0 LAn WASHINGTON to "3901 "0 LAKE WASINGTON I BOULEVARD PROPOSED EA�50AEUT 1 S 93U51 7 o f ME y 11ASNINGT4N / n.�•'Wf'M/�1 -gyp Y�. l }�� Y // s�sdre ! i ^s 3 4 I y I LAKE 11ASHINGTON / j BOULEVARU . � , PROPOSED EA,,EMENT PLAN SCHEDULE H ONLY cm or xrmox - m IDr${Am Ww z A Mmxfmp t n u. scwuuu a uis r 0 EASE *WS aewu.u..c twox � w eewrox e. a�ee an. nv ou vo.. ..Ana . � ,�¢^ _ one MA RH2 ENGINEERING,P.S. 8383 158th Avenue N.E.,Sud•200 LSLS�LSilT1 O�` ll Vyl,;lUVe�IWJ� /�1L, ip REDMOND,WASHINGTON 96052 { (206)809.1483 DATE: 4/14/93 LOS NO. 141-068 i1 ATTENTION: Da ist mean TO City of Renton _ 200 Mill Ave. So. RE: Lake fa...logton No. 2 P.a.iton, NA 98055 lift Station a t WE ARE SENDING YOU THE FOLLOWING: x Atted" Under Seperstf Cover Via gAop Dmwhpe Prints z PNne 9arnplee 8pse91ealions copy of Latter Change Order _L computer disk COPIES DATE NO. DESCRIPTION _ l 11 • Il Proposed Easements ITT CITY OF RENTON cgineer THESE ARE TRANRMITTED AS CHECKED BELOW _ F�xx For approval Approved ae p,bmltbd Resubmit copieies for approval li Fart mum Approved or noted Submit copies,for distribution As repuessed Ratumed for ocrreotlons Retum oersted piste For review W4 comment For Bids Due: — -- Prints returned after loan to us REMARKS I �I II COPY TO: LIGNED: I Mark Miller, Staft Engine'- II IEMILiAi—_lO.i/WI--SN1=1 W� d 4 LEGEND CD MilW1O/1 WKx�OlPli Y[MWIY9 .��_/ ./C —.• —� WOW WT�1 S�r rr•aAr rNS MO 1(YItlK O ` /1 sY.Y u• fMIO1Y1 .. .� IM.1t 1f rrrmr�.N E• '� �J�/\.f�✓'�.��.�. � ' y..' ■ASHINCTON �j/,� a lOrf rr-leA-W.Or M4O wa•u®m met rW � ! �/ �' %r 3901 ••, •< y LAKE MASHINGTON • /' •�aavn cauv en BOULEVARD \. .. , r.ow.mnnurv`•rr.�um. PROPOSED EA8EAAENT PLI —— — noa➢uon .. „mnFv T .. van.mrsir.Ta turn i .maWr:.vnun•uvry•AT r. �.. +arou.•uwry iurr. mm•.ar V. m.r,rra n.e� i -- i i i e i - r • 17 1 ti WASHINGTON r' r_ F i • LAKE WASHINGTDN �• •• •�f/ / • . BOULEVARD PR _4$�Q E�1$EMENT PLAN SCHEDULE B ONLY rrtv .xamx "vz 7 n.mx �xr;oou. <mm�i000 r e.wn v. vrxrmux uxr.n�x�. �tpx I EASEMENTS sue• ......-.........................-................. _... ._.. _. _._._. _. ........................................ LEOEPD .ti/ n n✓�,� .f m Mier.V\:uv �/•�./��. jj�Jf —�4Y.•...�• vrf YP.Wi YM � WNL•.1 VLL14.M d61• .' \ (� MTIIp<OWI.A..t'4'•ill '�./�.^./�./�.+^.�^./'�../'�� v' �_ _� , _ — r non+n�a r� Holm un`M.•.Iry• M GAIO9 WASHINGTON i r a• r . r • lnec oco"x oerrr '/�.!'�'-:__ ..f 0/'� .+m«� _.__ _ W4 / '17 .Ac6 mloi • a d. ' LAKE WASH... •�' .•••.'� i wsan emir a•e BOULEVARD • ''ei PROPOSED EA8EMENT PL �� ,eser vniry E•ru, mra\w.werrv..miw� wa su.w r can v. srLAIM WASHI NiTON m .990I '•� • •. ' LAKE WASHINGTON + •. BOULEVARD •' PROPOSED EA$_EM NT PLAN SLtiEC([LE B ON) ) art w mnox iw:inr rAncx IAI fO®Ull AQcmronwu 9L1�N1 @ \A,<ry� I11A11UM E EASEMENTS � � = - _ w x.roa er x[Kw wR n. wx vw.n un�..�w ..J I May 7, 19", Mr. Dave Christensen City of Revton CCC/// 111"rrJJJ 200 Mlll Ave.S Rer.ton, WA 98055 MAC 1 1 1993 Re: Request for Electrical Services CITY OF RENTON Work Order No. 9304238-K1 Engineering Dept. Dear Mr, Christensen: The enclosures are being submitted to you for the purpose of covering Puget Power's facilities, which shall provide electrical service to Lake Washgton. Pump No. 2. Please have the original easement signed by all necessary parties In the presence of a notary public and return it In the enclosed, stamped envelope. keeping the copy for your files. it is essem of the signed original easement be returned to this office as soon as possible. so the lob can be released for construction. If you have any questions, please feel free to call me at 462-3238. Thank you for your cooperation. Sincerely. Margo Cotter. Consultant Real Estate Department MCrsy Enclosures Puget Sound Power 6 I.ight Compgoy P.O. Box 97034 Beitevue. WA 98009-9734 (206)454-6363 � y t r� 5T'HFN RECORDED RETURN To ORki of the City CJ Renton Municipal RutWlnR Utilities Peole.Files "hill!Ar ue south EASEMENT PMeel Ta A n,YY seen.,WA 99055 Gtrmm(p Nw/rp'�� a •01n e RTSQ .-1�f-�F THIS INSTRUMENT',made this day of" '-- 1993 by and between Barbee Forest Products.Inc. hereinafter called"Gran[or(s);T and the VI I"OF REMPON,a Municipal Co King County,Washington,hereinafter called•Grantee." [poratlon of That said Gramor(s),for and in consideration of the sum of $100 paid by Grantee,and other valuable consideration,receipt of which is hereby acknowledged,do by these presents,grata,bargain sell convey,and warrants unto the said Grantee,its successors and assigns,an easement for public utilities (including water and sewer)with necessary appurtenances over,under,through,across and upon the fOBowing described property(the nghto6way)in King County,Washington,more particularly described as follows: That portion of Lot 13 of C.D. HiWnan's halo Washington Garden of Eden Division 82, recorded in Volume I I of FLts, page 64 records of King County, Washington, as situated -zr;i. within the NW 1/4 of Section 32, Township 24 nor.h, Range 5 east, W.M., described as follows: s Beginning at the Northeasterly property comer of said Lot 13; Thence westerly along the north property line of said Lot 13 a dis:Ance of 6.5 feet more or less to the westerly line of a utility casement granted to the City of Renton under Auditors 'air File No.7207190533,and the true point of beginning; Thence southwesterly along the westerly line of said utility easement, which is parallel • f with and 5.0 feet west of,as measured at right angles to,the easterly line of said Lot 13 to an intersection with a line which is parallel with and 15.0 feet north of, as measured at right angles to,the south property line of said Lot 13; Thence we crly along said parallel line to an intersection with a line which is 11).0 feet northwesterly as measured at right any;es to,the easterly line of said Lot 13; Thence northeasterly along said parallel line to an intersection with the north line of said Lot 13; Thence easterly along the north line of said Lot 13 to the true point of beginning. Together with a temporary construction easement described as: That portion of Lots It. 12 and 13 of C.D. Hillman's Lake Washington Garden of Eden Division M2,recorded in Volume I of Fiats,page(ul r:cord, of King County Washington, as situated within the NW 1/4 of Section 32, Township 24 north, Range 5 East, W.M., described as follows: Beginning at the northeasterly Property comer of said Lot 13; Thence westerly along the north property line of said Lot 13 a distance of 6.5 feet more or less to the westerly line of A utility easement granted to the City of Renton under Auditor's File No.7207190533,and to the true point of beginning; (continued to Page 2) u,w,.Fixmrn, mee,1 or, f I 3- Utilities EASEMENT Barbee Farest Products,Inc.(Page 2) Thence continuing westerly along the north line of said Lot 13 to at intersection with a line which is parallel with, and 10.0 feet northwesterly of,as measured at right angles to, the easterly line of said Lot 13; Thence southwesterly along said parallel line to an intersection with a line which is parallel with and 15.0 feet northerly of, as measured at right angles to, the south line of said Lot 13; Thence westerly along said parallel line to an intersection wilt a lime which is parallel with, and 34.0 feet northwesterly of, as measured at right angles to, the easterly line of said Lot 13; Thence northeasterly along said parallel line to an intersection with a line which is parallel with,and 5.o feet northerly of,as measured at right angles to,the north line of Lot 13; Thence easterly along said pamllcl line to an intersection with a line which is parallel with, and 26.0 feet northwesterly of, as measured a. right angles to, the easterly bne of sad Lot 13; Thence northeasterly along said parallel line to an intersection with a We which is parallel with, and 25.0 feet northerly of, as measured at right angles to, the north line of said Lot 13; 4 Thence easterly along said parallel line to an intersection with a line which is parallel with, and 5.0 feet northwesterly of, as measured at right angles to, the easterly line of said Lot t - 13, said parallel sine also being the westerly line of said utiliy casement recorded under w Auditor's File No.7207190533; Thence southwesterly along said westerly utility e.semen line to the true point of beginning. Said temporary construction easement shall rennin in force during construction and until such time as the utilities and appurtenances have been accepted for the operation and maintenance by the Grantee but not later than December 31. 1993. 000ns.rrar,unwon !xxtn crmext ndf�rc QfY1T1[xx6rxn.HtM� NRt3M4 t1r A6]6,01fiY '] For the purpose of constructing,reconstructing hrstalBog,repaWng,replacing,enbarging,operming Wild ' 1f maintaining utilities and utility pipelines,including,but not limited to,water,sewer and storm drainage lines,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefore. Foowing the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may t. require. This easement is granted subject to the f ogowing terms and conditions: 1. The Grantee shag,upon completion of any work within the property covered by the easement, restom the surface of the easement,and any private improvements disturbed or destroyed during execution of'he work,as nearly as practicable to the condition they were in immediately before commencement of the we •k or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the casement as long as such use does not interfere with the easement tights granted to the Grantee. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utWtics to be placed within the casement by the Grantee;or c. Develop,landscape,or beautify the casement area in any way which would unreasonably increase the costs to the Grantee of restoring the casement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities shag be done on the proferty which would disturb the compaction or unearth Granter's facilities on the right-of-way,or endanger tll-lateral support facilities. c. Blast within fifteen(15)feet of the right-of-way. This easement shall ram with the land described herein,and shag be binding upon the panes,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above pro pe 'es all that they have a good and lawful right to execute this agreement. Si n to so Grua rs__ I - and 1 and and and 'Alll'EFSM-QE AC rrv'Mrxr STATE OF W'ASHINC.TON j SS COUNTY OF KING j pp 4 I certify that i know or have satisfactory evidence that I`Arv�n, and �� M signed this instrument,on oath stated that helail irlwy wwV*ew authorized to execute the i nstrtrnent and^ acknowledged it as the and „f he free and voluntary act of such party/parties for the uses and Purposes mentioned in the instrument. Dated_E�95� _ldc Notary Pubec In and for the State 1 of Washington residing at MY appointment expires: r um�iio rw<mr,a f7�r'u�" K11;Cps tilact 1 W i C«ponm Frnm 9Ea]61W1.M as LEGEND �g-_ (KI.62RS,KIM m CR1L Inp,Wl,.W10\6M 1 � (J� I,IRO ILO4Y11' 'ILY�A'i, �iIAR VR �rlYo,lO NY AW,M1(NS YONYIWO I O IYRM1 Wf �lu VRrCVI�RlSrOr � � i 1 1 � MKVY,i lI.11lA NfA91Pp /Vi.�� \� _ [.,.r . .. WASHINGTON�~� i 1, IEK 16A9,-To,mM I I i LAKE IIASHINGTON .��... BOULEVARD .VOY1<m1uM UYIfY, PROPOSED EASEMEI -- ,GK,mm,.YrA 1�.06rf�t 1•Yyyl RNM,arvKa lil•.,-sAnY 7& C .. o•o,w Yw,br11 � A 1 _J n , O x •ASHINGTON I f 1 . � f LAKERASKMTON `• >' '� BOULEVARD r PROPQU EASF_tfFN-1-MAN SCHEDULE B ONLY RI M db-111!IR 1nlYi p 9�L k�IMIiO!L L IM OY ' ���p � EASEIYENTS 91�1AY� Et IrM °°iw�r scw c.oasi .. �� .. ra° an n•.! .si .....,.0 � ,. , � �j i ° CITY OF RENTON � Planning/Building/Public Works Department Earl Clymer, Mayor Lym Gvtfsua,AdwlolstMtW r F 7 i k' February 2, 1993 C. David George, Permit Coordinator Burlington Northern Railroad 2000 First Interstate Center 999 Third Avenue t Seattle, WA 98104 a SUBJECT: 1992 LIFT STATION REPLACEMENT l ° BNRR PERMIT FILE NO. 8411 RENTON. WA. rt Dear Mr. George: Per our telephone conversation of last week, this letter provides you with our current plan of action for obtaining a railroad permit for paving work to be performed within y.J railroad right-of-way. k Fra iA, ga Contractors. As At this time we are executing the construction contract with Ome M: .. part of th:s acticn, we have askad Omega to provide us with general liability. vehicle and workers compensation insurance certificates for both Omega and their paving sub..ontractor. It is our intent to have this information to you by the end of February. I apologize for the delay in providing you with this information and greatly appreciate your coops,ation in this matter. If you have any questions or I can be of further assistance, please call me at (206) 277-6212 Sinc Y. i avild M e 'Vast ater Utili y Engineer { r CD0CS:93-083:0W:pa 1 200 Mill Avenue South - Renton,Washington 99055 r r ti 6 . , CITY OF RENTON aa Planning,Building/Public Works Department Earl Clymer. Mayor tdo Guttman,Adndnuu2tx November 9, 1992 Mr. Robert Cugini, Vice-President Barbee Mill Company, Inc. P. O. Box 359 Renton,WA 9RO57 SUBJECT: LAKE WASHINGTON NO, 2 LIFT STATION REHABILITATION ACQUISITION OF PERMANENT AND TEMPORARY EASEMENT Dear Mr. Cugini: Side I have not been able to contact you by telephone over the last couple of weeks. I am forwarding by mail an original easement for your exewhon. As we have Previously discussed, in exchange for an approximate F' x 5' permanent easement as have - wall as a temporary construction easement over portio is of Lots 11, 12, and 13, the City will provide an B" stub with manho;e",u facilitate future construction on your lots- Please have this easement *ad by those authorized at your earliest convenience and return to the City f Upon return from the County for recording, the City will forward a ropy Io, ,rds. If you have any questi require additional information, pleas, contact me at (206) 277ereiy,—�/�1 incerely, avid . C ten an Waste er Utility Section CGOOCS:92 913:DW:ps Erwlosws 200 Mill A% nue South •Renton. Washington 98055 CITY OF RENTON MEMORANDUM DATE: October 21, 1992 TO: Larry Warren FROM: David M. Christensen-0-11�� SUBJECT: LAKE WASHINGTON NO. 2 LIFT STATION REHABILITATION BURLINCTON NORTHERN RIGHT-OF-WAY OCCUPANCY PERMIT t v, 9 Please find attached, a copy of the Right-of-Way Occupancy Permit from Burlington Northern ,hat will permit the City to perform additional paving that will provide greatly improved access to the City of Renton's Lake Washington No. 2 Lift Station located in the 3900 block of Lake Washington Blvd. North just east of the BNRR right-of-way. j Please return comments to me by November 4, 1992 to allow for execution within the 30 day time period establishc,f by BNRR. C:DOC9:92 842:OMCyn CC: Grngg Zimmnrman k f Y i W } V a w R ,t City or Reston Finance Department Request for Claims or Treasurer's Check Date of Rcqucst Date Required T Requesting Depettmen Authorized Signature REASON FOR CHECK fff DCDosit Relund Name Amount Finance Receipt No Receipt Date 1 the, Describe Circumstances Requiring Issuance, of Check: CHECK PREPARATION INSTRUCT IONS Amount S Charge to Aeectril(s) — Payable To Address 0 Mail Check to Payee 0 Return to Dept: Soc Sec or IRS ID No — J 0 Other: t CHECK AUTHORIZATION - Finance Department Use Only ADpr0wed � Date I� 0 Claims 0 Treasurer's Check No: riY tot 7/87 CITY OF RENTON MEMORANDUM DATE: October 21, 1992 TO: Dan Clements FROM: David M. Christensen X" .12 SUBJECT: LAKE WASHINGTON NO. 2 LIFT STATION REHABILITATION BURLINGTON NORTHERN RIGHT-OF-WAY OCCUPANCY PERMIT Please find attached, a copy of the Right-of-Way Occupancy Permit from Burlington Northern P t will permit the City to perform additional paving that will provide greatly improved access to the City of Renton's Lake Washington No. 2 Lift Station located in tho 3900 block of Lakc Washington Blvd. North just east of the BNRR right-of-way. ! In particular, I would appreciate your recommendation whether we should pursue obtaining arprcval of our insurance policy or if it makes more sense to just pay the additional $350.00 to be included in their policy. Please return comments to me by November 4, 1992 to allow for execution within the 30 day time period established by BNRR. ! CDOCS a2 942aaWC ps cc. m.vv nmm„m.� y 1 x � , BURLINGT0N NORTHERN RAILROAD - PACIFIC DIVISION 1y r�tr� 4�? illt 999 Third Interstate Center D (I I/n�-� V tr i ti t 999 Thirtl Avenue - C.DAViDGEORGE WIfv11 Seattle.Washington 98104 c .t Permit Department Telephone(206) 467-3329 ; *yR• L 1. i Fax No.(206)467-3315 City of Renton C1n' OF RENION October 16, 1992 200 Mill Avenue SouthEngineering Dept. p Renton WA 98055 Attention: David Christensen, Wastewater Utility Engineer RE: Permit Number PX92-16189 for Paving roadway to access an p existing sewer lift station at EENNYDALE WA Enclosed, in duplicate, is the above-mentioned Penh and Addendum draft. BOTH copies of the Permit must be signed in the presence of witnesses and returned for our signature. One copy will be return- ed for your file. At that time, ycu will be provided with inform- ation on contacting the Roadmaster and scheduling work on our property. If you hire a contractor/s to perform the work outlined in this Permit, their name and address/en must be providcd an the Addendum. Contractor information and evidence of insurance is reou/red in order to execute the Permit. Please call us if this will take longer than 30-dave from receipt of this letter. To complete the process, the following oust he returned to our li office: 1. Signed and witnessed Permit and completed Addendum. 2. Your check in the amount of $550.00 to pay for the Permit. 3. An original RAILROAD PROTECTIVE LIABILITY POLICY or your check for $350.00 to cover participation in is Burlington Northern's Blanket Railroad Protective ' Liability Program. 4. Evidence of General Liability, Vehicle A Workers Compens- ation Insurance as required for Permittee. Contractor and/or Sub-Contractors. THIS DRAFT PERMIT DOES NOT GIVE YOU THE LEGAL RIGHT TO PROCEED WITH ANY WORK OR TO ENTER BURLINGTON a RTGHT-OF-WAY. DO NOT PLAN CON- Aft. STRUCTION UNTIL YOU RECEIVE AN EXECUTED COPY OF THE PERMIT. li SSi(ncerely, C. David Georg Permit Coordinator Enclosure File: 8411 Renton WA oct1692d3O6 a�r Miscellaneous Right-of-Nap Occupancy Permit No. PX92-16189 LKWSH03L THIS AGREEMENT, made this 2nd day of NOVEMBER, 1992, between BDRLINGTON N-dTDERN RAILROAD COMPANY a Delaware corporation, hereinafter called "Burlington" whose post Office address is 2000 First Interstate Center, 999 r..T, Third Avenue, Seattle, Washington 98104-1105, and K ay CITY OF RENTON whose post office address is: �'. 200 Mill Avenue South t , Trenton WA 98055 i l -einafter called "Permittee," WITNESSETH: i Burlington, for and in consideration of the fee i.erein provided to be paid to it by Permittee and of the covenants and promises hereinafter made to be ob- served and performed by Permittee, does hereby grant to Permittee license and permission to excavate for, conatru, maintain and operate paving roadway for access to an existing sever lift station on the R/W L.. hereinafter referred to as the "facllitv," upon the right-of-wav of Burlington, or underneath the or near surface thereof of Burlington's track, as the case may be, at KFNNYDALE, I;. the County of King, State of Washington, v -ftr to be located As follows, to-wit: at Line Segment 0405 - Survey Station 970+50 - Milepost 5.71. r r'; _ Permittee in consideration of such license and Permission hereby covenants and promises as fellows: Y` 1. Permittee will pay in advance to Burlington for this permit the sum of f` THREE HUNDRED DOLLARS ($300,00) for the first TEN (10) vear period hereof and ONE 9LRIDRED FIFTY DOLLARS ($150.00) for each subsequent TEN (10) vear period that this permit remains to effect and Permittee will also pay or reimburse Burlington for all taxes ano assessments that may be levied or assessed against said 'facility". Burlington reserves the right to change the fee on future w3' Permits at any time without notice. This provision shall. in no way affect Burlington's right to terminate this permit pursuant tc Paragraph IO hereof, Either party hereto may Assign, anv receivables due them under this Agre provided, however, such assignments shall not relieve the assigno ent, r Of any em em its rights or obligations under this agreement. 2. Permittee, at Pe.mittee'A sole coat and expense, shall excavate for, 1 construct, reconstruct, maintain and reprir the facility, placing the same to accordance with the cpecifications provided in application dated 9/17/91, r' heretofore ap, +ved by the Burlington's Division Engineer. I- Permittee shall fill in the excavation, and restore the surface of the ground to its previous condition subject to the Apr roval of the General Manager of the Division of Burlington upon which the facility" is located. Said v} Ceneral Manager shall have the right at any time when in his judgment it becomes necessary or advisable, to require anv with like material material used in the work to hr replaced or with material of a wore permanent character- also co require additional work or change of location of said "facility" as a matter of £safety, or of appearance, or on account of additional tracks being laid, change of grade thereof, construction of a building, or for Any other reason whether or ` t not connected with the operation, maintenance, or improvement of Burlington, all of whirl shall be done at the expense of per, ittee in the manner herein oct1692d304 3. Permittee shall give to the said General manager at least two (2) days' advance notice of any work to be done b) Permittee in the excavation, construction, any reconstruction, maintenance, repair, change of location or removal of the "facility", and shall conduct such work in such manner as not to Interfere with the maintenance and operation of Burlington. 4. In the event that Burlington, at the request of Permittee or any agent or contractor of Permittee, or for the protection of Its property and opera- tions, does any work, furnishes any material or flagging service, or incurs any expense whatsoever on account of the excavation for, construction, any recon- structlon, maintenance, repair, change of location, removal of the "facility" or otherwise, Permittee shall reimburse Burlington for the cost thereof within twenty (20) days after bills are rendered therefor. If the excavation for construction, any reconstruction, maintenance, repair, change of location, or removal of the "facility", requires any or all of the following work: Removal and replacement of track, bridging, protection of track or other Burlington facilities by work or flagging, engineering and/or supervision, such work is to be performed by Burlington employees and the cost borne by Permittee. 5. (a) Fiber optic cable systems may be burled on Burlington's property. Permittee shall telephone Burlington at 1-800-533-2891 (a 24-hour number) to determine if fiber optic cable is burled anwhere on Burlington's premises to be used by Permittee. If it is, Permittee will telephone the telecommunications company(1es) involved, arrange for a cable locator, and make arrangements for t relocation or other protection of the fiber optic cable prior to beginning any work on Burlington's promisee. In addition to the liability terms elsewhere in this Agreement. Permittee shall indemnify and hold Burlington harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court coats and expenses) arising out of or in any way contributed to by any act or omission of Permittee, its contractor, agents and/or employees, that causes or In any way or degree contributes to (1) env damage to or destruction of any telecommunications system by Permittee, and/or its contractor, agents and/or employees, on Burlington's property, (2) any injury to or death of any person employed by or on behalf of any telecommunications comparrv, and/or its contractor, agents and/or employees, on t, Burlington's property, and/or (3) any claim or cause of action for alleged loss of profits or revenue by. or loss of service by a customer or user of, such telecommunications companv(ies). 6. In the event any cathodic electrolysis or other electrical grounding rystem is installed in connection with the "facility" which, in the opinion of Burlington, In any way Interferes with any train signals, telephone r telegraph lines, or other facilities of Burlington, Permittee upon being informec by i. Burlington of such interference shall forthwith discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference. Permittee further agrees to lndemnifv and 'f save harmless Burlington from and against any damages, claims, lasses, suits or { expenses in any manner arising from or growing out of interference with the signals, telephone or telegraph lines of Burlington by the operatioi, use or existence of any such grounding system. 1 7. Permittee shall and hereby releases and wischarges Burlington of and from any and all liability for damage to or destruction of the said "faciL tv", and any other property of Permittee located on or near Railroad's promisee; and shall and hereby assumes any and all liability for Sn'ury to or death of any and all persons whomsoever, including officers, employees and agents of the parties hereto, or loan of or damage to property to whomsoever belonging, including property owned by, leased to or in the care, custody and control of the parties hereto, in any manner arising from or during the construction, any reconstruc- tio n, use, maintenance, repair or removal of said "facility" injury, death, loss, damage or destruction aforesaid may occur or, however shall and hereby does indemnify and save harmless Burlington of and from any and all claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of n in connection with any such injury, death, ^s lose, damage or destruction aforesaid. Permittee further agrees to appear and defend in the name of Burlington any suits or actions at law brought against it on account of any such personal injuries, death or damage to property, and to pay and satisfy any final judgment that may be rendered against the Burlington in any such silt or action. THE LIABILITY ASSUMED BY PERMITTE£ SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE LOSS, DAMAGE, DEATH, OR INJURY WAS OCCASICNED BY OR CONTRIBUTED TO BY rNE NEGLIGENCE OF BURLINGTON, ITS AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE oc[1692d304 y „ l `L 4A } l LAW; PROVIDED, HOWEVER, THAT PERMITTEE SHALL HAVE NO OBLIGATION TO ASSUME SUCH LIABILITY TO THE EXTENT CAUSED BY THE NEGLIGENCE OF BURLINGTON OR ITS EMPLOYEES OR AGENTS WHERE ASSUMPTION OF SUCH LIABILITY WOULD VIOLATE WASHINGTON LAW (RCW 4.24.115). OREGON, IDAHO, OR THE PROVINCE OF BRITISH COLUMBIA LAWS. 8. Permittee shall not transfer or osalgn this permit without the written consent of Burlington. ro 9. Nothing herein contained shall Imply or import a covenant on the part of Burlington for Quiet enjoyment. yr tY 10. It is expressly understood and agreed that Burlington may at any time _..'�P cancel and terminate this license and permission by giving to Permittee thirty Y+, (30) days' notice in writing of its intention to cancel the same and at the expiration of such notice this license and permission shall terminate, Upon receipt of such notice and before the expiration 'hereof, Permittee, under the supervision and direction of the said General Manager, or his authorized repre- sentative, shall remove the "facility" from the right-of-way of Burlington and restore the the right-of-way and premises of Burlington in a manner and to such zr.. condition as shall be satisfactory to the said General Manager. If Permittee shall fall to remove the "facility" and restore the said right-of-way to such condiii�, within said thirty (30) day period, Burlington at its option may remove t same and restore the said right-of-way to its previous oandition, and Permittee shall pay TO Burlington the cost and expense thereof. 11. Upon any failure of Permittee to punctually and strictly to observe iv .. and perform the covenants and promises made herein by Permittee to be kept and performed, Bvrlington may terminate this Agreement on ten ('0) days' notice to Permittee, .'move the "facility", and restore the right-of-way to its previous 17'' . condition at the cost and expense of ?ermittee. 12. In the event of Permittee's removal of the "facility" from < Burlington's premises, Permittee agrees to terminate said Agreement by notifying , Burlington's General Manager in writing of Permittee's removal of "facility" and termination of said Agreement within thirty (30) days from date of removal of _ said "facility" from Burlington's premises.Any notices given under the provisions of this Agreement shall be good if deposited postpaid in a United States post office addressed to Permittee at Permittee's post office address ` above stated or as otherwise directed by Permittee. 1 i 13. Any notice given under the previsions of this Agreement shall be good If deposited with the United States Postal Service addressed to Permittee at Permittee's post office address above stated or as otherwise directed by Permittee. 14. The license and permission herein granted is subject to permits, leases and licensee, if any, heretofore granted by Burlington affecting the premises upon which said "facility" is located. 15. The license and perm' ssion herein granted is subject to permits, leases and licenses, if any, heretofore granted by Burlington affecting the premises upon which said "facility" is located. Subject to the foregoing provisions, this Agreement end all of the covenants and promises thereof, shall inure to the benefit of and be binding upon the parties hereto, their respective executors, administrators, successors and assigns. i oct1692d3O4 ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO. PX92-16189 DATED November 2, 1992 The Permittee or his contractor(s) shall procure and maintain in full force and effect during the construction period and all future maintenance or reconstruction periods, which require the use of heavy machinery or excavation of soil upon BURLINGTON's Right-of +av or within FIFTY (50) FEET of BURLINGTON's tracks the following insurance: (1) Commercial General Liability (including contractual liability) against All claims arising out of bodily injury, illness and death and from damage to or destruction of our property or to property of others, including loss or use thereof, and including liability of Burlington, with minimum limits for bodily injury and property damage of $1,000,000 for each occurrence and (2) Railroad Protective LiAbility Insurance for bodily injury and property damage, covering all acts of the Permittee or his contractor during construction of Permit Number PX9`-16189, with srandard limits of $2,000,000 per occurrence, with an aggregate limit of 56,000,000. The BURLINGTON will be the named insured on the Railroad Protective Liability Policy. This Policy and the Certificate of Insurance for General Liability must be submitted with this Permit. The Railroad Protective Liability coverage may b: provided by exercising one of the two following alternatives: (a) Permittee or his contractor(s) purchase a policy on the open market or (b) Permittee shall have the option to participate in the Burlington Blanket Railroad Protective Liability program b} paving to Burlington in check, prior to the commencement of any work ur access under this Permit, the amount of 5350.00 referencing Permit No. PX92-16189. Prior to commencement of any work to be performed under this agreement, Permittee shall submit to Burlington the ORIGINAL INSURANCE POLICY AS DESCRIBED IN (A) ABOVE, WITH the Permit No. PX92-16189 shown on the declarations page. It is understood that said insurance policy shall be so written that no insurance company shall have any recourse against Burlington, by way of subrogation or otherwise, for any loss covered by or paid or payable under said policies. Y Contractor Subcontractor -- Addr¢as Address _ City, State, 21p. Phone Number City, State, 21p, Phone Number Project Engineer s Name Proj ec—��Engine¢"e Name If more than one Subcontractor is involved, attach additional information to 'this Addendum, together with Insurance required. NEITHER PERMITTE£, CONTRACTOR, OR ANY SUBCONTRACTOR SHALL BEGIN ANY WORK ON BURLINGTUN S PROPERTY AND/OR RIGHT-OF-WAY UNTIL ALL NECESSARY EV'I DF?10E OF INSURANCE HAS BEEN FURNISHED AND APPROVED BY BUALINGTON, AND THE R0.9DMASTF.R NOTIFIED 4A NOVAS IN ADVANCE Questions or clarifications of insurance requirements may be dtrerted to: r Ms. Judith Harris Risk Management Analyst , + BURLINGTON NORTHERN RAILROAD COMPANY c 777 Main Street Fort Worth, TX 76102 40 Phone: 817-878-2174 FAX; 817-878-2377 1 I oct1692d 305 i ib IN WITNESS WHEREOF, Burlington and Pe:-mittee have executed this Agreement the lay and veer first above written. BURITNGTON NORTHERN RAILROAD COMPANY Title: DIVISION ENGINEER Witnesses in the presence of: CITY OF RENTON Bv: WiCnees -- _ Title: (Witness Od- i t t i 13 a 1 ottl672d3OL y e i i t CITY OF RENTON Planning/Building/Public Works Department Earl Clymer, Mayor Lynn Gatlnoaa Admlaiatretar i G September 17, 1992 Y r Mr.Jim Morgan Burlington Northern 2000 First Intestate Building 999 3rd Avenue ' Seattle,WA 98104 SUnJECr: REQOFSTTo PAYE WnliiN BURUNGTON NORiltEKN RA ' ,, m R%IfTAµ'QAY t• Dear Mr.Morgan: The City of Renton Wastewater Utility Section is in the process of tchau 4;d%itnR•ts a.Asung Wt station located in the 3900 block of lake Washington Blvd.(api, xlrnxtciy M.P.>.j). lis pan of the rehabilitation we arc looking at improving our veccssibihty to thr ift u : tin . aiich includes paving a portion of the Burlington Northern Railroad ngluof-wa+ rs shown on the attached plan. In our previous conversation you expressed concerns that the work proposed not impart the existing embankment for the tracks. The plan shows that we will be paving only along the existing lower plateau with only minor grading being required We would propose a pavement section of 3' Class B asphalt concrete on a base of 6' crushed rock. The limits of paving was determined by the turning requirements of our Vactor maintenance truck. M E ' Please review this material and inform us of what additional requirements/conditions and/or actions arc required to obtain the necessary approvals for us to proceed with this work. The - 4 City is trying to have this work included in the lift station rehabilitation work scheduled for late this fall and your help in achieving this would be greatly appreciated. If you have any questions,please call me at 277G212. Thank you. Vc [rut urs, �1 Da% .Christensen Wastewater Utility Engineer Enchsum o2�'r.L.lr./DMGTh `l 200 Mill Avenue South - Renton, Washington 98055 J "A Tradition of Ex Ikl STEWART TITLE COMPANY �+ 0o w�sHrvr,�w.we sw.xoo $MXb.MNt�m91M+9BIN.YbS Fax W4-1010 Fu R08f NYVse ' The City of Renton 200 Mill Avenue South Renton, Washington 98055 Attention: Arlene Haight Order No. : 185969 Your Ref. : WWP-71-2063 Encloses is your Policy for Title Insurance on the above-referenced transaction. Thank you for the opportunity of serving you. We look forward to working with you again. Robert L. Ludlow Senior Title Officer i Unit 12 n L� AITA Ow n 1400l—4.6e0 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY y SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,STEWART TITLE GUARANTY COMPANY,a Texas r corporation,herein called the Company.insures,ae of Date of Policy shown In Schedule A po y ,against loss or damage,not � exceeding the Amount of Insurance stated in SchaAule A,sustained or incurred by•he insured by reason of 1. Title to the estate.,,,,forest decadbed m Seludule A he...g vested othar than as stated therein: 2. Aay detect in or lien or encumbrance an the title: 3. Unmarketabdity of the title: 4. Lack of aright of access to and from the land. r The Company will also pay the casts.attgrnoyi f 11 al expenses incurred in defense of the title,as insured,but only to the extent provided in the Contortions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company hat caused ih's policy to be signed and sealed by ns L. duly authonaed others as of the Date of Policy shown in Srhodule A. 4 r f _ STEWal C TITLE pa lal tote COMea FY r' Chairman of the Boa Rcsi n suumm�rarteo. � e \tewa P, n pany� tr Ili. SDE°�'",FtSy Wd:hmXloq ' C""Sram EXCLUSIM ROIA OD11RACE The sallowmg mourn arc efprtrdy eeduded from the n.eroq of this polity and fre Company will nor pay bx ar damage,cash,othrow,lies or ..poses.hash arise by reafon of: I. lc l Any ll oni n ene ar governmental regulatan lmeludkq bar Aot liel he W ll and song laws,ordmances,or regularansl renratirq regubnng,proebmng a merino to li)the o apai use.a wggwsnr of drt load;(l the d ara er.dimenvons or baton of any improvement now or Neural anted on he land, no o tepnnon in ownerrup or a changers gw dlmwdom or mac of the land or any prael of which Me land n or war a Pon',or Ito ru n chwareal aoranon,or Nte.fen of any mires,of these laws,ordinances o:go.emmensol regulomm,except to the intent that a noon of the enformil thtrwl or a naae of a defect,lien or enambronn re.e.li frum is vrolatyn or alleged vnhc n affesnng this land has been racaded in the public records at Dose of Pro, Ibi Any genrnmernal cl we,rat ealuded by lei above,exupno the intent that a none of the ill thereof a a notice of a defers,hen or encurnbnae mulling lam o noktan or alleged v,Won.affecting the land nos been recorded in the pbbc records at Dote of Paley. 2. 16ghh at evenem domain ueltrr nonce of the whow thereof for been raided in the public records at Dore o"obey,fern hors eeduding from anal any toting which nor awned prior to Do%of Policy which would be thral on the rights of a purchaser for lue witbovl knowledge. 3. Deficit,bens,encumbronns,adverse dorms or other masers lal nnned,0f.Ad,oswmed or agreed so its the mwred doimanl 1 (b)nor known ro vary Company,you recorded m the pblic records at Dote of Paltry,but known to the mwred damam and her drvlosec In wnh, the iaepany by the msmed dbmom prior to fine days the tumid northern became an Insured under Mis soo, (0 rewhing in no of,n damage no the mwred damam, (d)otraahing or creoysd subol a Dote of Policy,or ter hil In lox or namage.h h.ould no,have been until If the mwred donor,had paid vulva for Or,estate of mthesr.neared by this PoIn a. Ant rich ones our of her to nw ii,n.osbng in Me insured the trials or ul mwred Its his po1h ,by reason of she opnnon of federal bankfur," srote inwberm,or umily credrren fight,lows fell tof sir;yysa 9981_4 8 6 2 2 3 'a t t J L _.__w _ ._ -_.- ._ .__. .. _. .�-_-_.-•—_..-.-.��,y�..�_...._..-�----..-,•.err.y-- e. CONDITIONS AND STIPULATIONS 1. KONION OF T RMS. Id, I,of cases where this poll,memm or cegwrer the Company ro Propa I, The fallowing bans when used in see poliwcyy mean aide at aowda to. the delenw of any crown se peoeoed n,.me in a ed shoo to,"inroad me insured named In Schedule A,and subpar be any night, ,aura ro t a Compon the ngm to w preumte ce p.o,ode aaraw ..he action a'defenses roe Compon .mild hove had ogamo no-he mad inured,M ,Mob who or pw,om and aCI appeals therms,and perms me Compon,be use of On,provedth,proved Io e nlereel 0 her named Inured be.,.ban 0law op dhengadwd opera, he same as the —ad(tar rhn pmpate when....requested by the rT. from,,draw mdudmg,by,no,Lmbed t,,.hero,distributes,,devisor,.wrwvan. Company fh,insured,at rise,Company,repi shill give In.Company ON perwr, representative,next of en or cormrnre or fiduciary wamson rwwnoble old i, any 0oro ar pmceeding,taureng evidence,obtaining we (b insured damorr!':en instilled claiming In,,or damage nit,e, propel or defending the aMae ar praeeding,or apanng wbN- knowledge's or'krusi m1wal knowledge,he' onew0te knowledge meet,and IIP.In net,.them law!ul act which In the opinion of he Compacry nay F as notice which may be imposed a on mwlad by season of the public record,as be necessary or criminal.a reveal the lade fre Me estate or interest as r offered in this policy or any other:cads which import cotntroduve notice of It One Company is prejudiced by the loet a of she mound U turn sh mer required r mneers fleomg Me land caopemeon,in.Cempony,Obi m Me ensued under the policy MaR M- - Idi"land' the land beuribed Or referred m in Schedule A,and Imaemer ramose.Including any hobimy or obligation a defect,prowte,cu or mminw any u f money home,winch by tow compensate real property, m lard" ,The , legally, vithe regard m me mtes to the other o ,regmrmg uch coa mec , a does er include any property beyond M ima, sc e lines the a described at,lot, 5 PNOOF OF I=OE DAMAGE, to in Schedule A,nor any right new,mfe*a,ebb a cowmen m aberbrtg In addition be and after the notices required under Seceon 7 of strew Cad: h stmwI roods,ar"nu,.oIles,inner.way.as waterways,but nothing hertin shelf ,an,and Shpulaten here b provided the Contacts}}'' "a l Of Lou a darn. readily or lima the term he whah a right of amen fo and from the land Is age signed and.worn to by 1, 'used doierm,halI beafwrenhed he the C.- insured by his poLry pony within 90 day,ahem the Insured dri most shall oscenan the for,Irving ON lei aegoge reengage, deed of truss. moo deed, or offer, saunry Se Me loss ce damage.The hand of fees or da mage shall dewriber thin detect in, imrmment. of Gen or encumbrance on fee rife.is other maser mwred against by this policy ell 'public a.aid, mooed,atoo,mitd under stag oaW,a at Dole of Per, which cansnfute,the bran of imp or demo/.and shall,roe ro the open,anon try fa the purpaw of m,mng mestrvcnve roll of manes relating Ira real tale,Me Law of mhula n the Seri at the Loa a damage 0 the Compon a l Prm!M eel mrthosets doe value and without knowledge.With respect ro Sams prejudiced by Me failure o}the mwred daimon,W provide Me no lewd plan,as S r tloN'vi of Me E.*1Zyi From Coverage, pubic rowdr' haul Story Include has or damage,the Company's obligations fa me.mired undo the pafry than ennronmenel praMeon Lens tiled in the reads nl the ones of the United Show, Sentiment including my Lability or obligation be defend,Prosecute,or Carl dean court fa Me drem,In which Me lam d n lamed. any Il Ian,with regard to the member or mown requiring such proof of lots or s (9)"vnmpmembeiry of the 104'.an,loped o,apparent money apecan, damage the SO.by Me land,not Included or..apt d from mercy,.,which would enure In addition,Me imposed da*ara may reasonably be required 1.submit by a ponhaw,of the estate or interest described in Schedule A to be released from n rnmer n unite,oath by any outhoneed representative of the Cempony and -he Obligation ro purchase by rise of a conhoNual candmon requiting the wall produce for eswomirsobn,employers and cc,leg,of holy remonable nreit I delivery al mohaaae rile aid peas m may he designated by any currencies"tieyyn*ribri of be Co. i 7 CONTINUATION OF INSURANCE AFTER CONVEYANCE X TITLE, party. all record, books hedgers, level .,.am low and m.,m ando, The cowwge of Of policy shall continue in force a or Dale of pricy in whather bearing a dale before or alter Dee of Policy,which normally perloln favor of on Insured only w tang as be insured returns on estate a.interest:n the b the Ion 'mnbl Fur thee,it requested by any aathmirzd representable of I band,a holds an Idriblednes,pecuced by is",,hose money moe,,,e given by Me Cempol ffe mwred oriental,shall prom it,pen.. ;m.In worm,,for ran)) o purchaser from th.m,wi a only so long as the•mured shall have'.cbrhq by avthe ited .pow aces.of the Campbell no ,rear s .M ram cop,old ,wit m of Caeemmer of warianry made by Me rn,u,,d in an,Iranfe,cr convey records,books.edges.cheer.rare,and.. no memoranda in he wrtody oat f Me,ram or untem:et ibis policy shall no,continue m far,.In Imo Of or several of a then m^r,whih reaonablyy perm.,ro the lass a damage.All any pw,ofii from the insured of..them Ill on.,fare am interest In this end.a(us formation diteleaed as conlidensol by the mwred dolman,prodded to ttie on'�derblednen used 6r o pu chose mane we 09e yy w b fee InwrW. Cowpony pmuom b hen Section Moll ewe be disclosed ro onsen unless,In Me a. S. NOTICE Of CLAIM TO EE GIVEN by IN CIAIMANT, reawnabe l dgmint of Me Company,n i,nec,sary,in the adminishanon of one Tee Insured shop ally Me Cmmroms promptly m writing 0)a core of any claim sdnre oY In,insured mmem,to wbme for viam•notban under mi pre- Iniganen as see farm•n Swim.eon below.I,in or.knowledge"I come he duct cities reasonably requited Inlmematie,as grant permnuon so secure NO an mi wrondo of any claim of tote or Protest what It adrevw note bell small,im eswry interstate, m third gamer as incurred In This paogtaph he by.aaate or mtere.t a.Inured,and whah nigh,mow bat Or damage Ia shall termmbte any liability a e Company under this all try m Io Mcr darn which me Cmnpan,may be Lobe by view of the,policy.o,fill if SNe b the 6 OPTIONS TO PAY ON OTHERWISE SERIF CLAIMS,TEEMINAIION Of aloe or interest,or mwred a rewoed o,unmahetable 11 prompr men MOII UANuTY. ref be goers Ira the Company,Men m Iry fhe insured all liabibry of the Company In row of a maim under t'nu paiiry.the Company;hoe.rime IS,fallowing oeof terms.*wins repacal he me main or meMn for which prompt.come b md+ba pal opp•on. w ' provided hewerea,shot la lure ro notify be Company shall in no caw to To PaY or lernMr Peymwe Of the Amwn1 of Inotamt prerymae the tphh of any insured ulcer this policy unless Site Company shall be To goyth or:ender payment of Me amoum of mumance under'his mi, prpdwed by I,,barren and men only fa the s efw,of the preiudlce toper wi any cash mothers fees and ..me,incurred by he issued t. DEFENSE AND PROSECUTION OF ACTMNS;DUTY OF INSURED cloimont which were authorized by the Compose,,we by ate time of oymaa or CLAIMAN110 COOPERATE. tender of payment and when the Company Ip obligated to gpooy (or Upon wren,request by me insured and svb,W m the opinions co'Mind Jmn the a,i w by Me Company of this option.all liability ad obliyyahat In Saloon 6 of thew Cmd-bon and Sbpuba erne,r^r Company,a,m awn cal he the reed under rhn Pali,,lithe,than to slow,the rattan required,moo and w thaw,we,eawnoae delay,Mall plains.for o-.e defense of an inured in etmmate,including ony liability am obligaism m defeat,mowcue,a cmbeue Inymyes in which on,heed ramp atsem o c!orm aJ,ww m this title a insured as any lugoh im. and the policy shall tat surrendered ro Me Company Ims Inured,tam mly as 1.thou purred arrow,at ocnon doges a defect,fen or maellabom. encumbrance or other money insured against by this pr i,.The Company,hall lb)) To Pay a Othrnret Se*be WUh Min Oil.than the Immad a unsel beve she rely,•o wee co of in share Iu ta M bw r e right of the.mired OnWdh Nos Inau rid Claimants by re abjtn so, wm,rsabe camel presem Me unwed as So plays,doted caeca oeo dote of (it to any ce amertnw woo wen ether pemo for o, the rota.of an nrs and smolt not Ire flab a for and will m,m,Nm fees of any other comps nwad derives it any claim.named against under his bell together with any the Coslpan,sell he,pay tar lea,cosh or a represses imare bm aeo d by the uml we ...is. n,•'f elements ees and elemen mi by fbe umured dormer, twinewhich Me defame of that.cores,of...which allege mode,:era Imwed aymnt by tuMorged by the Company up to the here of p e,mene and whor the Company this parry is obligated a pay;a, (W The Company shell hove Me right at in own reel,ta Institute and prow- lei I,my ov atherwsse ante with tire Insured dromola the ea or dam - oute my com,or praeedn or to do any oMe,ad which in m opinion may be age provided to;vnder this Policy.Iogaher with any Cash mam,f feet and necessary a deaabte to establish the rely he the eoob Or me..est,or Insured.Or saes,.,L,rrd by She insured ea mant which wan autlrori ed by the Caere rc prevent or reduce lots or damage to the insured The Company r a�*lee tiny mny up he the bmt of p�oemen,sn whkh the CoMse,is ample ro pay '. oppropu bale mron man the term,of Inn paky,whether a era a Mal!be liable Upon he ersadse by the Cmmny of mettle of Me barrens providM for in threader,old,hall n,-Ihaeby concede liability u,worse.h,provision of,his p rap pits�bhq se 1 the Commmi s obligations la the'nmrod lease the,pal , poll,.0 she Camm�, hot ewrc se b nghh under this pmre,raph d shall do w it,f t sec aimed loss or damage other than he m,reenh wqu led to be drbgi made shall termma* rictudng any bell o,op,semn ro defend paphi 9 Is, Whenever the Company shall hove bought on action a,ene.mwo a m continue ony'Laiyyal•on. dfenw a mounted or pemrned by Me pronsons of his miles,she Company 7. DETERMNY '& EXIINT OF UARRITY AND COINSURANCE may pursue any liygovwn ro final deveemmobm by a town of canpebnl jufnAiC The,pith,is a rani of indemnity against actual monetary(on me de m 4 ban and.speedy,,eurva,the light,in ii cob dLuWba .ro appwl from my age sustained or Incurred by the insured dormant who has suffered lots or dam adverse td,mem a,redo age by sermon of mono insured against by the pay,and only an Me.stem j harms describe. Icontinued ab concluded on Mt page of chit pel"I d ti cl 7 s t CONDITIONS AND STIPULATIONS Caannued (continued and concluded from reuenn.side cf P.f.v Faces (o)The$n iliry 11 Me Company under no,policy shall mot..cited In,leas• 13 SUBIIOMATION UPON PAYMENT OR SETTLEMENT. al: fah The Company;Right of Subnopi.n(il d»Amount of moral srarod m khedole A�or, wenever the Company small have settled and pod a claim under this pal. (,)16e different.benvem the value of the inoti,stare a bran,or q,all right of,ultrogooron shalt vest.m Me Company unatlMed by any or of and arrd the value of if.insured,9pk a intend,object ro the baled,lien the Inured daimona. a emsmbNme insured og and by this policy. The Company shall be tubmil to and t r entitled to all ri ftM and no m. (b)in.the event the Amount o1 lawr,:ae painful Schedule A at Me LNre of din It the m.ored immon,wcold have hod ognind any peron q popedy Poky isIw dam,80 spi of the value of Me insured nro or imood or Me in raped N the claim had this paltry not been Issued.If recomi by Mis Com is I mmelle.io.paid ter the land..h.ch.v.,is lei,.,if ob",no,to the Dore pony,the;nsured d.;.nam shell transfer to one Company oil it his and nmedle, If Policy an IaProv.ment b stressed en he land whirl marep»r M.value of Me Islamist any person or propel,mcli in order to pealed thh fifth,of wi insured sdote or ......,br n least 10 prrce.a over Me Amuu d of Insurance get.. The rnmed dmmam shall perm.,me Company,a we,conp.omiu a swtrrt.n Schad k R,then,till Polrry is wblM h the followina. seMe in Me name of the�mured clamant and rc use Me room.of Me Insured 06 when no svbseguem improvement hen been made,as to any nor do.mo it in any hamocrmn or I.,lgasbn involving'hem rights or remedies. sal Im,.Me Company shell only pay,the loss pro taro In,he prapoman tbm Me If is payment on amount of o dam does not Idly cursor the loss of d» amavns d1 mw,oea at Gale of Policy bears o the yi voLne of Me nsured nosed dmmam,,he Comyen,Moll be ssibrogmed N these lights and marri else,.or..near a•Don of Policy or in the praporom which,roe Comports payment bars N the whole amount of .here a rubseguem.mpprovemem has made r s toany'"'.I he lot, Ins.Ms(.mpony shall only pay the lot,p rasa .fhe pmponwn the 170 If lost Mould result from any act of the insured daimms,as aced above, pe ro roeml d the Am of Imuronn.voted In Schedule A bear,to the sum at the that oil shall ,roe void ho po0 v, but the Company, in Me,ev,.d, shall w Aral of Infironce dosed in it-halals A and the amount expended for she nqu.n d N poY only rho,pan of any losses insured ogand by this policy which .m......or shall exnsd Me amount 'f anY,bd ro Me Cnmpony by report of d»imppb. The Provisions of this parngr.ph Moll rim apply N ash,crprrspy�i lees and men,by the msared if.mar,o/the Company's right 0 sub,,.,., e,aen»f far which•he Company¢Roble under this policy,and shot only apply Ibi The Company's RNItA Against No um Obligm, ro In.,porn of any Ire,wh1k eased,.n the oftftngmer 10 percent 01 the The Company's nfthl o sab,ogwri a,cimv m,mnsured o ril shall uh, A,rounl of Inforona seated in Schedule A and shall include,without Ikroman.the n9m,of,Fe insured to'mdemnno,Pa. r. The Compa, wall par only rhos,cosi smarnes'fee,and opal r.,he,other policie,of mwmna or bonds.r clohdaoding any term or credit incurred in accordance++h 1e1rcn R of these Condleom and Snpuioaom ,ions cmm;md m those imevsenh wh,,h provide for subroftaMn rlghh by tea 8. APPORTIONMENT. .on of this o iq P Me land described kh,dule A a molts of Iwo«more Ni which are to ARBITRATION not used as a sing�le s,I.an,.loss n established affecting am,I,more of it. Un1.,Prohibited by Opp:table low,eid»,the Company or the mwrn'may parcels but no,.II,fire le..Ma'nit cap 196 and u fed on.pro rob boos m demand orbnrenon purwam to the L•le Insurance Arbitraon Rules of the Anted 11 the amount of nwnnce Ind. I.,pWd,was divided pm mN of so the value can o7trauon Assa dmon.Arbitrable m.nen may include but o•t not limited On Date of Poh,v of each ui,•,.a parcel N the whole. exd.ive of any to,any cmvwersy«dam ben.., he CPmpany and the Insured c ridrp our of ;mprovemenh made subfapuem N D.%of P.1"r u.Jeh a liabibp or clue I m or olio to this policy,any service of the Companyr- mnnytion with Its visa otMn.,e been agreed'pan or ro each pacal by red Company and the.mared once ax,he i reach of I policy annual,or 01 obligaMn.Alf abnmble van of the time of oke ruvance of this policy and Mown by on express statement or by yen when he Antonio,.1 ksaunce i1$1,000.000 or lea small be arbitrated a,the an em is»mer,....IN ro Mis polity option of either the Company or he mood All arbnmble mama when the 9, IIAVTATION OF UABIUTa Ameom of$,.,Inc.h m recess a1 St,000,000 shall be.rb.,,,W only when 0) 0 Me Campag e.tobhshn the tied of remora she alleged do -ctl!ten signed I-by book the Carl and the Insaed.Arbitrotim Pinola.,ro thisor ea.mbroaa,or ens the lack of a right of access N or from If, and.or padry and under the Rules m effect on the dote the demand for arbitration a vm the dam of unmaRnobdiy of for,,all as.nsured,.n a..mono` v diligent made or or the.,,.an of eM insured,the Roles in efled a,Dote a1 Pal,Moll mcnmr by sorry myhod,i;ki litigy;m ad'he aomp'enm of o,y capital, be,binding upon b o.e porn The.word may indoor,an aneyi fees mly if the therefrom,rich chess Mrs fully pod cued M obl;goMm.0..,saw to the,maser law,of the dine in w i n the land h located permit o route fo owond a ra and Mall rot be liable f.any bu or dam.ftts c.vud Ma.ehy. fees ro a prtvadmft parry Judgment upon she mw.,d,mde.ed b he Abort,(b)In Me on,of any litigation,inducing lopm pon by Me Compact,or rth rogsl may be entered.n any nun Mang luradarion thereof Y! ,he Coap.nY i ronsam.the Company shall have no m iliry for loss or damage The low of the.tot al the land shall apply tom abemnon undo,Me Title t.mil Mere has been a find determination by a rain of comperem u,mdxNa Insurance AdItm5on Rules. ord dopomem of all appeals therefrom,.Cuero,N the the or Insured. A copy of the Rol.may be obtained from Me Comp.qupon repuesr. viI I The Campnny shall men be fable for lots or damage to pro, nwnd for 15 UABIUIY LIMITED TO THIS POLICY;POLICY ENURE CONTRACT. volortm iy Informed by the nsured in semlbg any claim or sun without the b Tbr,policy NgeMer.in all endorxmw, " nyr o.ahed hec yo by ON,wd,»n nmi of In.Ca.ni the Company is the r r e al'cy and contract between red Insured and-he Com 10. REDACTION OF INSURANCE:REDUCTION 01 THMINATION OF pan m mte,paring any provision cf,tin oll Mn shall be mnnrued a, UAWLITY. Ir P ry. policy a whale. All Paymentsto under Mn potty,-sear If mode for msh,otta.neyi Ibi Any dwin of loss or fomoge,whethe,or apt Mud on oep'parse and fey oed exppeePrey droll reduce Me amount of,M inwrona pro tanro sum: an.our It the'heft of the nrle ro the.dare or;are.,covered heeto or Far N I I. UABIUTy NONCUMULATIVE. by dry anion m»rang such daim.,null be resh.ded ta this polity 1 It.s elp'.111,undemoed Mot Me amoum of(moron undo this policy to No.m..4now of or emaneaw ro Mrs policy van be made small be reduced by any ami he Company ma,pay find.,any polity Insuring o wLeng endorsed M1erean In attached hoero signed by e.Mef the President,v .morogege N which exception n Utter,in Schedule 8 or tI witch he.nsured Vice Pcendem, the Syretary, on Auuran, Secretory, or val.d.enp oI, or his iii ms oued,o,taken lobed,or whrth b Mreofter emuted by on authorized sWW awry of the Company ' insured and whxh Is a charge a Lee an Me.sun Ir.n,e1111 described ar Ip SEVERARNITY. relented II in Sched I.A, ad he amount sa pad Moll be domed a paymem In Me eve r any prov,i of are policy,is h ld modal or unenforceable under undo,man policy ro S'n:ufed owns 17 PAYMENT OF LOSS. .PPI mblr la.,,he Poetryo shell be domed not ro include that provnun and all other pp ov sit,.ball.,mom in full force and effect la)No Pal shill bemode wohay produdng okb po6ry for endorse. 17 NOTICES.WNERE SENT mom of Me payment uit..the pot q has been la,a dyhoyed i which an All limns egwnd to be Buren.the Conti and any s1lemesr wrm, Proof of sou a desnudian shall b.sum Shed N the mNbO on of she Compact,y. resulted no be to mated the Compan,,hall include the number of this pi y and when fall t,and the extent of has or damage he,been debris, ,mall be addressed woke Can,, ,of P.0 Ba 3009,lbcfron,Tew,M57 a L eoda ae wt Poe»Conditions and k poi ,ri she lot,a chni smart. Payable viMin 30 cloy,overoM,. rort", rrr, nary 4 i fwy`t.l..'.7/ih„4tMage.*yip .: .+n'•ir_.,.,.,, ...:+ . - r F e rl�'+Oo>C•O!60,OOi i � .00O!>o KY 4!F�• � T`. �j�� sa0•Y K•Kr.4444!0 �� i } ESTABLISk D 1893 $ INCORPORATED .,. 4 $ ¢t LrSYNONYMOUS WITH OF $ 4. A NAME REOOGNIZED NATIONALLY f POLICY AS BEING $ $ i 4 4 �:} TITLE QUALITY $ $ # 4. $' $ 4` 4, 1 .. {., . . �� ♦b•O!F<••0••P.C�O.O�� r � C�- sK` 44!•1'..0.4�., ty C` i �••i4 .}K.KJ4 •} tJJ Standard Coverage STEWART TITLE GUARANTY COMPANY A.L.T.A. OWNER'S POLICY SCHEDULE A Order No. : 185969 Policy No. : 9981-486223 Policy Date: May 13, 1993 Policy Amount: $1,000.00 at 1:41 p.m. 1. Name of Insured: THE CITY OF RENTON, a municipal corporation cf King County, Washington 2. The estate or interest in the land described herein and which is covered by this Policy is: PARCEL A: An easement for public utilities, upon and subject to thr terms and conditions therein contained, as created by that certain ':asement recorded under King County Recording Number 9305131867. PARCEL B: A temporary constructicn easement, upon and subject to the terms and conditions therein contained, as created by that certain Easement recorded under King County Recording Number 9365131867. r 3. The estate or interest referred to herein is at date of Policy vested in: THE CITY OF RENTON, a uunicipal corporation of King County, Washington 4. The land referred to in this Poiicv is described as follows: As on Schedule A, page 2, attached. r r vf. � a Policy No. 9981-486223 SCHEDULE A Page 2 The lend referred to in this policy is situated in the County of King, State of Washington, and described as follows: PARCEL A: That portion of Lot 13 of C.D. Hillman's Lake Washington Garden of Eden Division No. 2, according to the plat thereof recorded in Volume 11 of Plats, page 64, in King County, Washington, as situated within the northwest quarter of Section 32, Township 24 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the northeasterly propertl, corner of said Lot 13; thence westerly along the north property line of said Lot 13 a distance of 6.5 feet, more or less, to the westerly line of a r' utility easement --wed to the City of Renton under King County Receding Number .190533, and the True Point cf Beginning; thence southwesterly along the westerly line of said utility easement which is parallel with and 5.0 feet west of, as measured at right angles to, the easterly line of said Lot 13 to intersection with a line which is parallel witk and 15.0 feet north of, as measured at right angles to, the si -h property line of said Lot 13; thence westerly along said parallel line to an intersection with a line which is 10.0 feet northwesterly, as measured at right angles to, the easterly line of said Lot 13; thence northeasterly along said parallel line to an intersection r with the r h line of said Lot 13; thence eas�drly along the north line of said Lot 13 to the True 1, Point of Beginning; PARCEL B: That portion of Lots 11, .2 and 13 of C.D. Hillman's Lake Washingtcn Garden of Eden Division No. 2, accoreing to the plat thereof recorded in Volume 11 of Plats, page 64, in King County, Washington, as situated within the northwest quarter of Section 32, Township 24 North, Range 5 East, W.M. , in King County, Washington, described as follows: Beginning at the northeasterly property corner of said Lot 13; thence westerlv along the north property line of said Lot 13 a distance of 6.6 feet, more or less, to the westerly line of a utility easement granted to the City of Renton under King County Receding Number 7207190533 and to the Tr,,e Point of Beginning; thence continuing westerly along the north line of said Lot 13 to an intersection with a line which is parallel with and 10.0 feet northwesterly of, as measured at right angles to, the easterly line of said Lot 13; a (legal description, continued) i A .f3,R xt 4 r t �. 1 Pcli^_y No. 9981-486223 A.L.T.A. POLICY SCHEDULE A Page 3 LEGAL DESCRIPTION, continued: thence southwesterly along said parallel line to an intersection with a line which is parallel with and 15.0 feet northerly of, as measured at right angles to, the south line of said Lot I'. thence westerly along said parallel line to an intersection with a line which is parallel with and 34.0 feet northwesterly of, as measured at right angles to, the easterly line of said Lot 13; thence northeasterly along said parallel. line to an intersection +ith a line which is parallel with and 5.0 feet northerly of, as measured at right angles to, the north line of said Lot 13; thence easterly along said Parallel line to an intersectioi, with a line which is parallel with and 26.0 feet northwesterly of, as measured at right angles to, the easterlv line of said Lot 13; thence northeasterly along said parall, ine to an intersection with a line which is parallel with and .0 feet northerly of, as measured at right angles to, the nor'�h line of said Lot 13; thence easterly along said parallel line to an intersection with a line which is parallel with and 5.0 fuet northwesterly of, as measured at right angles to, the easterly line of said Lot 13, said parallel line also being the westerly line of said utility easement recorded under King County Recording Number 7207190533; thence southweasterly along said westerly utilit the True Point of Beginning. y easement line to END OF SCHEDULE A J 3 f 3 } yyi i 1 Standard Coverage STEWART TITLE GUARANTY COMPANY A.L.T.A. OWNER'S POLICY SCHEDULE B Policy No. : 9981-486223 This policy does not insure against lows or damage by reason of the following: GENERAL EXCEPTIONS: i Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, nor shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretc,ore or hereafter furnished, imposed by law and not shown by the public records, or liens under the Workmen's Compensation Act �) not shown by the public records. S. Any title or rights asserted by anyone including but not limited to persons corporations, governments or other entities _o tide lands, or lands comprising .e. shores or bottoms of navigable rivers, lakes, bays, ocean or sound. or lands beyond the line of the harbor lines as es':ablished or changed by the United States Government. 6. (a) Unpatented mining claims; (b) re-ervations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Taxes or special asse4gments which are not shown as existing liens by the public records. 8. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. SPECIAL EXCEPTIONS: As on Schedule B, attached. (continued) r Y ya" { I x x 6; q M fiY 1 ,r n = STEWART TITLE COMPANY of Washington, Inc. t-- ORDER NO q IMPORTANT This is not a Plat of Survey.It Is furnished as a convenience to locale the land inolcate0 hereon with reference to streets and other land.NO liability is assumed by reason of reliance hereonLit Q� 4. j •- t l 4' If p p I i I IIYa9 "..la/ rr � e NORTH i �- a�r ..� j / sy-N A. If mrao iei Y p a,•.m �' _ —lria•1• t. � r _t4.ifj"*lir` 1� f Y+` C `�r/} I I !^ h.✓!i /. T. .rTi Nei _ e �_ •'�. .• h � INt Lat1 was j J. y 11• Fillif E v. .w aIlw..1.m.a/10 ar 4 r•ti O.wF a� ) 2 \`� .�••:_♦[MjC O .. 1. +• Lal I i + i _ 1 T I � N.W. 114 OF SEC. 77, 1WF. ]I N., SGE. S E., W.M. •I � IN KING COUNTY WASHINGTON — _— AAA...—AAA..., _— •x. I W e? x.... Es g7o5119002 a�3N 15 I✓ LEGEND J cs i A •s yam_ -_ EOY11.[xl USED I I N•a•'Nv• r, - ✓Y � linx - I !N y' Ib wrN w' .r I 1110 C[DY.F VS[0 1 x. 1- �\' ..fH OF EFax ING Y•.�M•N aN 1 ��a,�� NN•I x IMNI rrlN Y.M.•r111 LEGAL DESMI IOxt ��� E i�•uiil•i.�•H i IS w`i•M luir..•Iix��lial •NnN wr..R xx1 Nwwr•YN�a 14 KI a� W..N,wxN�MIAY1 - w'o 1lennett P$ci:E ING KEC JK9 OF SLIMY FOX LINT i rr• •3rt uxT_ 6URVEVA. OR9 YnE ENGINEERS a sa a O r — _ - rr YNID-� MxW rrll Mrama+ r rid �� t- +F'MimM�;w..:: 11YI1.♦)�f!.WYIc1. Awmhk M. to r 1 l /yam =.;-- �fi\RIONFFR NATIONAL ^� e mUE INSURANCE I r-+wn nkaTvoe xcow,wM o.r.0 raw YKl i;'. - Filed Iar RemN al `•.�Rpuwta ` aEt7 34eFN14 ',,�• f AFTER PECOMING W14 vol S ONDF ,AL ..TIW '.. XIN6 Coke') lam. �1lt6NCae mge:.�111r 94r1227 e0901 f. �'�(i•; REC / 3.nO (y. COS SL •S'3.00 j_y 41 Quit Claim Deed '',` f • o THE CRkXTOT BARBEL MILL CO..r INC 1• a.M imvltNllM e� Y ♦ ^.m l^60uV r4ml io BARBEE FOREST PRODUCTS, INC. F TIA lalleelry JrvrLetl nN mm.WmM rn M Coanry nl KIN^. 3.1.N W.WeaIaa Ncl........ ........ .nick Ennle,n.Y nrerJ.........: fLots 1-11 with adjacent ehorelanda of Block A Millman. Lake Washington Garden of Eden 12, Vcluac 11. pane 64. 3 of Nirry MO tiCDf to OEC 279B1 ty, ';�. Fso5476 IN RITNW RMEAE01,wN wew-- . n a N4 da MM N Y le.e1 IN w1N abe ._ Wmc.rpermwlubanru.re eR •be �_ ae•N 11fYA•"" ` ]Sq MARE SLI CO..-INO RY nn .. yy .�y E/ Aaw p srRTE r:; or w'AyMrNCTON, I ••.• .•!A 4 w r,N w+an f�7 6.r e1 t�V"., /9E�Y rNn.N.w.ArMy1N, " h.b .e.ln rlw yEre a wWAnEdd as twwq/vaJ1.iy/�I• yawllS N.yw 5+" . Nl� SNnl.ry.'ePcr..Itd '. 1 �Y1 �' I bn ewrM 41a1... .,11I• iad MC 4gIa.aw- Nw.r rr bO NeW. / t WNNrN Nd Mw, M x., NNups, Mwqpe. yN.Nap1 �. n ' i + 1 I Mr,rrN m/ N..aN. -fL�Alr/f 1 .(%' - ♦ A'.w AN4 M 1 Nwa N R'raYEle4 (�'�/ 2a Nff+ wNMEN Y i i c cnsrnENr .T�7 THIS INSTRUMCNT, made this day of-&M, 1977 by and between OARgPL MILL, INC., a Wtshineton Corporation, hereinafter called "rrantor'; - M and the CITY 01' RENTON, a municipal corporation of f.ing Count!. Washington, hereinafter called "Grantee" -t 1 r-3 W 1 7 N C S S E T H: •^� That said Grantor, for valuable consideration, does by these j rreacnt5, grant, bargain, convey and warrant unto the said Grantee, its successors anu assigns, a Utility Easement for tie installation, repair, mplacement, maintenance and operation of a lift station, a six (6) inch castiron force main, and electrical and teleme tering service for Sanitary Sewer Local lmpr_uemeot District No. 770 through, over and across the following described property situated in King County, Washington, to-wit: Specifically over that portion of Lot 10% 11, 17 and 1j of C. D. Hillman'. Lake Washington Garden of Edon Divisicn 02, described as follows: Beginnirg a, the Southeasterly property comer of said tat 13; thence Northeasterly along the east lot line of said lots 13, 12, 11 and 10, said line also tNc west line of Burlington H—thern Right-af-way a distance of 103 f "t more or less to the Northeasterly property corna- of said lot thence Westerly along the north property line of said lot .J a distance of 6.5 feet wore or less; thence Southwesterly over se'd 10: In, 11, 17 and portion of 13 along a line parallel and 5.0 feet west of the east line of said lot 10, 11, 17 and a portion of 13, said lino also being'the west line of Burlington Northern Right-of- Way a distance of 84.75 feet more or less; thence Westerly over portion of said lot 13 on a line parallel and IS.O feet north of south property tine m 13, a distance of 45 feet mom or lea; [hence Soutnd( 1 f't portion of said lot 13 along a line parallel and 40.n feet was of the east line of rortion of said lot 13, sid line also being the west line of . -ling on Northern right-of-way, a distance of 19.75 feet more m less to the intersection with the south property line to said lot 13; thence easterly along the south property line of said lot 13 a distance of 51.5 feet more or less to the true po,nt of beginning, _ as shown an sketch designated "proposed Uti li-ty Casement Barbee Mill property" marked Exhibit "A". attached hereto, and thereby made a part hereof. Said heretofore mentioned Grantee, its successors or assigns, shall have the right, without prior notice r proceeding at law, at -h timeu as may be necessary to enter upon said above described property lot• the purpose of eonstrweting, maintaining :#pairing, altering yr tweonitructinR said utility, or making any conneetiona We n•w ith, and such construction, maintaining. ^#pairing, altering c•r y -1- 9 at • t reconstruct ion of such utility shall be accomplished in ;uc:. a manner teat the private impr•eveme nts existing in the right-of-way shell not lie Jes turbod or damaged, or in the event they are disturbed or Jameggads they shall be replaced in as good a condition as they were imaudia[eIY before the property was entered upon by the Grantee. This conveyance is subject to the condition that the Grantor, it: successors and/or assigns have the right to fully use and enjoy the 7 Aforrdescribed premises, including the right to retain the right In use the surface of said right-of-way, provided such use does not interfere p with installation and maintenance of the utility line and other ampt•ove- i JR cents placed on and within the aforadescribed easement area by Grantee; ILrther, the Grantor, its successors and/or assigns shall have the right i to relocate on its property any or all facilities placed on and within . J the easement area by the Grantee should such facilities as located :dnJer development of Grantor's property adjacent to said easement area.. + subject :c the following conditions: , t plans for City relocation Engineer. are subject me approval of the Grantee, through its loco Lngineer, prior be approved and of such relocation; tee the through its C work itself wall be approved and accepted by The Grantee, through its City Engineer; and (9) the expense of such relocation shall be borne fully by the ,rancor. its successors and/or assigns. This easement shall be a covenant running with the land and shall t,e binding on the Grantor, its successors and/or assigns. i BARBEL KILL, INC. BY >•.`� .. •w_r rant er i By Greta STATE Or NASHINGTON ) ) as COpNTY Or' KING s do this i.' day of June, 1977 before me. the undersigned, a :ot.,ry public in a.Ui for the State of kashington, Auly comissiuned and 'wo f.n,Acrsonally appeared F and �A -7� to me nown tp • e resident and :sera arY, respec :ve Y. •' BLI MILL, INC. the corporation that executed the foregoing instrument, and acknowledged the . '.d instrument to L: 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 execute the said instrument and that the seal affixed is the corporate yet t� V:K sai� corporation.f ' �;•(sys. 'ness my hand and official seal hereto affixed the day and yccr ` reii/Ala written. / _ ` M. an no L of Washington. >n en r the State ..'�_••_t,:. �•. oI Nashington, residing at Renton Ulm1- t A 1 F w� K� t 4 / 49Ab �. . AV a. 7207190533 roe ro v vn { r � i _ J