HomeMy WebLinkAboutPermit t � r � � , ' ,
PAG 002-84
Pipeline
No. PX84-16050
THIS AGREEMENT, made this 16th day of November, 1984, between BURLINGTON
NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called
"Railroad" , and CITY OF RENTON whose post office address is 200 Mill Aver��ue
South, Renton, Washington, 98055, hereinafter called "Permittee."
WITNESSETH:
Railroad, for and in consideration of the fee herein provided to be paid to I
it by Permittee and of the covenants and promises hereinafter made to be
observed and performed by Permittee, does hereby grant to Permittee license and
permission to excavate for, construct, maintain and operate three pipelines as
listed below, hereinafter referred to as the "facility," upon, along or across
the right-of-way of Railroad, underneath the surface thereof, and under the
tracks of its railroad, as the case may be, at or near Renton, in the County of
King, State of Washington, to be located as follows, to-wit:
1. Six inch PUC sewer line with 16 inch steel casing at survey station
60+32, 33 feet from centerline of track, 13.5 feet under track;
2. Four inch polyethylene gas line in 8.625 inch steel casing at survey
station 60+37, 32 feet from centerline of track, 13 feet under track;
3. Twelve inch ductile iron water line in 24 inch steel casing at survey
station 60+42, 35 feet from centerline of track, 14 feet 6 inches under track;
as shown colored red on the print hereto attached, marked Exhibit "A" ,
dated October 29, 1984, and by this reference thereto made a part hereof.
Permittee in consideration of such license and permission hereby covenants
and promises as follows:
1. Permittee will pay in advance to Railroad for this permit the sum of
SIX HUNDRED DOLLARS ($600.00) for the first ten (10) year period hereof and FOUR
HUNDRED AND FIFTY DOLLARS ($450.00) for each subsequent ten (10) year period
that this permit remains in effect, and will also pay all taxes and assessments
that may be levied or assessed against said facility. Railroad reserves the
right to change the said charge at any time while this permit remains in effect
upon thirty (30) days' written notice. This provision for payment shall in no
way restrict Railroad's right of termination under Paragraph 9 hereof.
2. Permittee, at Permittee's sole cost and expense, shall reconstruct,
maintain and repair the facility placing the same in accordance with the
specifications provided in applications dated September 21 and September 24,
1984, heretofore approved by the Railroad's Chief Engineer Region.
Permittee shall fill in the excavation, and restore the surface of the
ground to its previous condition subject to the approval of the Superintendent
of the Division of Railroad upon which the facility is located. Said
Superintendent shall have the right at any tirre when in his judgment it becomes
necessary or advisable, to require any material used in the work to be 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 the railway of
Railroad, all of which shall be done at the expense of Permittee in the manner
herein provided.
3. Permittee shall give to the said Superintendent at least two (2) days'
advance notice of any work to be done by Permittee in any reconstruction,
maintenance, repair, change of location or removal of the facility, and shall
conduct such work in such manner as not to interfere witi� the maintenance and
operation of the railway of the Railroad. � -3
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conduct such work in such manner as not to interfere with the maintenance and
operation of the railway of the Railroad.
4. In the event that Railroad, at the request of Permittee or any agent
or contractor of Permittee, or for the protection of .its property and
operations, does any work, furnishes any material or flagging service, or incurs
any expense whatsoever on account of any reconstruction, maintenance, repair,
change of location, removal of the facility or otherwise, Permittee shall
reimburse Railroad for the cost thereof within twenty (20) days after bills are
rendered therefor. If 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 railway
facilities by work or flagging, engineering and/or supervision, such work is to
be performed by Railroad employees and the cost borne by Permittee.
5. In the event any cathodic electrolysis or other electrical grounding
system is installed in connection with the facility which, in the opinion of
Railroad, in any way interferes with any train signals, telephone or telegraph
lines, or other facilities of Railroad, Permittee upon being informed by
Railroad 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 indemnify and
save harmless Railroad 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 Railroad by the operation, use or
existence of any such grounding system.
6. Permittee shall and hereby releases and discharges Railroad of and
from any and all liability for damage to or destruction of the said facility,
and any other property of Permittee located on or near Railroad's premises; and
shall and hereby assumes 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 loss 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 any reconstruction, 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 Railroad 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 Railroad 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 Railroad in any
such suit or action. The liability assumed by Permittee herein shall not be
affected or diminished by the fact, if it be a fact, that any such suit or
action brought against Railroad may arise out of negligence of Railroad, its
officers, agents, servants or employees, or be contributed to by such
negligence.
7. Permittee shall not transfer or assign this permit without the written
consent of Railroad.
8. Nothing herein contained shall imply or import a covenant on the part
of Railroad for quiet enjoyment.
9. It is expressly understood and agreed that Railroad 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 Su erintendent, or his authorized re re-
P P
sentative, shall remove the facility from the right-of-way of Railroad and
restore the right-of-way and premises of Railroad in a manner and to such
condition as shall be satisfactory to the said Superintendent of Railroad. If
Permittee shall fail to remove the facility and restore the said right-of-way to
such condition within said thirty (30) day period, Railroad at its option may
remove the same and restore the said right-of-way to its previous condition, and
Permittee shall pay the cost and expense thereof to Railroad.
10. Upon any failure of Permittee punctually and s�trictly to observe and
perform the covenants and promises made herein by Permi�tee to be kept and
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performed, Railroad 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 cost and expense of Permittee.
11. 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.
12. The license and permission herein granted is subject to permits,
leases and licenses, if any, heretofore granted by Railroad affecting the
premises upon which said facility is located.
Subject to the foregoing provisions, this agreement and 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.
IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the
� day and year first above written.
BURLINGTON NORTHERN RAILROAD COMPANY
BY ��
AssSstan� General �anager
In Presence of: CITY OF RENTON
By �, .5�1.i�C G�,
U i
, Ti tl e Mayor
CEL/no0884i b03 Attest:
► . ����a�I'E—'
City Clerk ii-,3n—B?L"
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ME MO RA NDUM
T 0 �/Ti1 (iIC�'�t" D A T E ��E�����
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F R O M ��GJ�,Y� �
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S U B J E C T �N ��'//►4 a� '� �G�,�,, (1(fi�+. �4r,I c�� •
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INTEROFFICE CORRESPONDENCE
Date
T0: �
FROM: Maxine E. Motor, City Clerk
SUBJECT: , y.
-------------------------------------------------------------------------------
� We return herewith fully executed document(s) , as above-
captioned, copy of which we have retained for our official
public records. Copies should be forwarded to
.
and the other for your file.
Pursuant to your memo of we return herewith
U document�s) , as above-captioned, which have been signed by
City Officials and need to be forwarded for further execution
by
We return herewith recorded document(s) , as above-captioned,
I I copy of which we have retained for our official public records.
L----1 Copies should be forwarded to appropriate parties and retained
as necessary for your files.
U Please file a fully executed copy with the City Clerk's office
for our permanent records when received.
Thank you.
MEM:db
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PAG 002-$4
Pipeline
No. PX84-16050
THIS AGREEMENT, made this 16th day pf November, 1984, between BURLINGTQN
NqRTHERN RAILROAD COMPANY, a Qelaware corparatian, hereinafter called
"Railroad" , and CI7Y OF RENTON whase post office address is 2Q0 Mill Avenue
Sauth, Renton, Washington, 98055, hereinafter called "Permittee."
WITNESSETH:
Railroad, for and in consideration of the fee herein provided to be paid to
it by Permittee and of the cavenants and promises hereinafter made ta be
observed and perfarmed by Permittee, daes hereby grant ta Permittee license and
permission to excavate for, construct, maintain and operate three pipelines as
listed beiow, hereinafter referred to as the "facility," upon, along or across
the right-of-way af Raiiroad, underneath the surface thereof, and under the
tracks of its railroad, as the case may be, at or near Renton, in the Caunty of
King, State of Washington, to be located as faliows, to-wit:
1. Six inch PVC sewer line with 16 inch steel casing at survey station .
60+32, 33 feet from centerline of track, 13.5 feet under track;
2. �our inch polyethyiene gas line in 8.625 inch steel casing at survey
station b0+37, 32 feet from centerline of track, 13 feet under track;
I� 3. Twelve inch ductile iran water line in 24 ir�ch steel casing at survey
station 6Q+42, 35 feet from centerline of track, i4 feet 6 inches under track;
as shown colored red on the print hereto attached, marked Exhibit "A",
dated October 29, 1984, and by this reference thereto made a part hereof.
Permittee in cansideration of such license and permissian hereby covenants ,
and pramises as follows:
1. Fermittee wi11 pay in advance to Rai]raad for this permit the sum of
SIX HUNDRED OQLL.ARS {$600.OQ) for the first ten (1Q� year periad hereof and FQUR
HUNDRED AND FIFTY DQLLARS ($450.00� for each subsequent ten (10) year period
that this permit remains in effect, and will also pay all taxes and assessments
that may be levied or assessed against said facility. Railroad reserves the
right to change the said charge at any time whiie this permit remains in effect .
upon thirty {30� days' written natice. This pravisian for payment shall in na
way restrict Railroad's right of termination under Paragraph 9 hereaf.
2. Permittee, at Permittee's sale cast and expense, shall reconstruct,
maintain and repair the facility placing the same in accordance with the
' specifications provided in applications dated September 21 and September 24,
', 1984, heretofore appraved by the Railroad's Chief Engineer Region.
Permittee shail fill in the excavation, and restore the surface of the
, graund to its previaus candition subject to the approval of the Superintendent .
of the Division of Railroad upon which the facility is located. Said I
Superintendent sha11 have the right at any time when in his judgment it becomes �
necessary or advisable, to require any material used in the work to be rep]aced
I with like material ar 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 an accaunt of additianal tracks being iaid, change
of grade thereof, construction af a buiiding, or for any other reason whether ar
not connected with the operatian, maintenance, or impravement of the railway af
Railroad, all of which shall be done at the expense of Permittee �n the manner
herein provided.
3. Permittee shall give to the said Superintendent at least twa (2� days' �.
advance..notice of any work to be done by Permittee in any reconstruction, I
maintenance, repair, change of location or removal af the facility, and sha11 �
conduct such work in such manner as not to interfere with the maintenance and �
aperation af the railway of the Railraad. � �` I
,
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conduct such work in such manner as not to interfere with the maintenance and
operation of the railway of the Railroad.
4. In the event that Railroad, at the request of Permittee or any agent
or contractor of Permittee, or for the protection of .its property and
operations, does any work, furnishes any material or flagging service, or incurs
any expense whatsoever on account of any reconstruction, maintenance, repair, I
change of location, removal of the facility or otherwise, Permittee shall 'i
reimburse Railroad for the cost thereof within twenty (20) days after bills are � I
rendered therefor. If 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 railway �
facilities by work or flagging, engineering and/or supervision, such work is to '
be performed by Railroad employees and the cost borne by Permittee.
5. In the event any cathodic electrolysis or other electrical grounding '
system is installed in connection with the facility which, in the opinion of
Railroad, in any way interferes with any train signals, telephone or telegraph ,
lines, or other facilities of Railroad, Permittee upon being informed by '
Railroad 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 indemnify and
save harmless Railroad from and against any damages, claims, losses, suits or ii
expenses in any manner arising from or growing out of interference with the �,
signals, telephone or telegraph lines of Railroad by the operation, use or �
existence of any such grounding system. - I,
6. Permittee shall and hereby releases and discharges Railroad of and I
from any and all liability for damage to or destruction of the said facility,
and any other property of Permittee located on or near Railroad's premises; and
shall and hereby assumes 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 loss 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 any reconstruction, 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 Railroad 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 Railroad 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 Railroad in any
such suit or action. The liability assumed by Permittee herein shall not be
affected or diminished by the fact, if it be a fact, that any such suit or
action brought against Railroad may arise out of negligence of Railroad, its
officers, agents, servants or employees, or be contributed to by such
negligence.
7. Permittee shall not transfer or assign this permit without the written
consent of Railroad.
8. Nothing herein contained shall imply or import a covenant on the part
of Railroad for quiet enjoyment.
9. It is expressly understood and agreed that Railroad 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 Superintendent, or his authorized repre-
sentative, shall remove the facility from the right-of-way of Railroad and
restore the right-of-way and premises of Railroad in a manner and to such
: condition as shall be satisfactory to the said Superintendent of Railroad. If
Permittee shall fail to remove the facility and restore the said right-of-way to
such condition within said thirty (30) day period, Railroad at its option may
remove the same and restore the said right-of-way to its previous condition, and
Permit�ee shall pay the cost and expense thereof to Railroad.
10. Upon any failure of Permittee punctually and s�rictly to observe and
perform the covenants and promises made herein by Permi�'tee to be kept and
. , � � ,
perfarmed, Railroad may terminate this agreement on ten (10) days` notice to
Permittee, remave the facility, and restore the right-of-way to �ts previQus
condition at the cost and expense of Permittee.
11. Any notices given under the provisions of this agreement shall be good
if deposited pastpaid in a United States Past pffice addressed to Permittee at
Permittee's post office address above stated or as otherwise directed by
Permittee. •
12. The license and permissian hereirt granted is subject to permits,
leases and ]icenses, if any, heretofore granted by Rai]road affecting the
premises upon which said facility is located.
I Subject to the faregoing provisians, this agreement and all of the
f s all inure to the benefit of and be binding
covenants and promises thereo , h
I upon the parties hereta, their respective executors, administrators, successors
and assigns. ,
IN WITNESS WHEREOF, Railroad and Permittee haYe executed this agreement the �
I � day and year first abave written. �
BURLINGTON NORTNERN RAILROAD COMPANY I
� Sy
eral Mana er
Ass�stant Gen g
In Presence af: CITY OF RENTON I
�i
.
By _���.+�ld� '�"'• L ��
u
Ti tl e Mayor ,
CEL/noQ884i bQ3 Attest; I
, y-�,�,�_,�?��1�.�� ,
i City Clerk �� 3v�y�' I
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� PUBLIC WORKS DEPARTMENT
� �'y � °
DESIGN/UTILITY ENGINEERING � 235-2631
� � � MUNICIPAL BUILDING Z00 MILL AVE.SO. RENTON,WASH.98055
9,0 �•
O9�TF� SEP'�E���P
BARBARA Y. SHINPOCH
MAYOR
MEMORANDUM
Date: November 28, 1984
To: Maxine E. Motor, City Clerk
From: Bob Bergstrom, Engineering Supervisor
Re: Burlington Northern Railroad - Grady Way Permit
Please have executed the Burlington Northern Railroad permit £or
the relocation of utilities in the work area of the new Grady Way
Bridge. These utilities are being relocated under the Burlington
Northern tracks because our new bridge foundation will fall on
their existing locations.
The City Attorney's review is attached. After execution, please
return to my office for processing.
Thanks:
���
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�� N � OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON
U `� � � POST OFFICE BOX 626 100 S 2nd STREET • RENTON,WASHINGTON 98057 ZSS-B6�B
p � � LAWRENCE J.WARREN, CITV ATTORNEV DANIEL KELLOGG� ASSISTANT CITY ATTORfVEr
9.oO P�O� DAVID M. DEAN, ASSISTANT CITV ATTORNEV
��TF� SEP1��0� MARK E. BARBER� ASSISTAIVT CITV ATTORIVE�
ZANETTA L.FONTES� ASSISTANT CITV ATTORNEr
November 20, 1984 MARTHAA.FRENCH� �►SSISTAIVT CITV ATTORWEV
i
RECEIVED����I�`/
T0: Richard Houghton, Public Works Director �BUC W�RK$ �.
FROM: Lawrence J. Warren, City Attorney C1T� � RE�
RE: Grady Way Bridge - Railroad Utility Permit
Dear Dick: �
The form of Utiltiy Permit as submitted to me is approved.
If the City had a longer period of time to negotiate with the
Railroad, I would attempt to change several things in this
permit. However, since our contractor is held up until this
permit is signed, I reluctantly give my approval .
As you know, I believe the Railroad has substantially greater
responsibility for the reconstruction of the Grady Way Bridge
than the Railroad is willing to admit. However, the City has
decided, as a matter of economics, to not press the issue with
the Railroad. That being the position that the City has taken,
I think it would be imprudent to force the issue with the Railroad,
particularly as we need the Railroad' s approval before we can
proceed with the utility work.
Lawrence . Warren I
LJW:nd
cc: Mayor