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Home My WebLink AboutPermit / ��fl�. � BURLINGTON NORTHERN RAILROAD � 3300 Continental Plaza � SA.LES and PROPERTY 777 Main Street MANAGEMENT DEPARTMENT Ft. Worth, Texas 76102 ��-/�..A. C r.^,.... "r'�m�i� � �. .._�. .__.��:i...f+e�.a��.y.r.._.._�� July 23, 1986 � J U� 2 8 1`'"� Mr. Ronald L. Olsen Utility Engineer City of Renton Public Works Department 200 Mill Avenue South Renton, Washington 98055 Dear Mr. Olsen: RE: Permit 249,618 - 12-inch water pipeline, 8-inch sanitary sewer pipeline and 24-inch storm drainage pipeline - Scopa, Washington Attached is copy of completed agreement for your file. Sincerely, r3.C. S�� :.., *� R. L. Schwinghammer Assistant Manager - Leases Attachment er1s723.4 _ � —--� r ; ' � ' PAG 001-86 '. � � . ---�.�� , Pipeline Trfr: 248,435 N�� 249,618 THIS AGREEMENT, made this ISt day of January , �s 86 , between BURLINGTON NORTHERN RAILROAD COMPANY a Detawarecorporation,hereinaftercalled "Railroad,"and CITY OF RENTON, a municipal corporation of the State of Washington, whose post office address is Publ i c Works Department, Muni ci pal Bui ldi ng, 200 Mi 11 Avenue South, 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 covenants and promises hereinafter made to be observed and performed by Permittee,does hereby grant to Permittee license and permission toexeeMet_ `_:, =-:-:st��, maintainandoperate a 12-inch water pipeline, 8-inch sanitary sewer pipeline and a 24-inch storm drainage pipeline, 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 $COpd Station, in the County of Ki ng , State of Washi ngton ,te�be located as follows,to-wit: crossing at survey stations 1045 + 73, 1045 + 67 - mi lepost 4.27, and 1045 + 6 . as shown col ored red on the plat hereto attached,marked Exhibit "A",dated June 4, 1986, 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 Two Thousand Fi ve Hundred Dol l ars ($2,500.00) for the full term; also all taxes and assessments that may be levied or assessed against said facility. �..:__..._. .. �.::��he1�F . ... r.�..�.�.. . . p_�� f. '�.. ..� � � � ..._.....l�TTQTTTCLR_ .. ..,�.�.. ... .................. ...�....., . ,..,.y...r.�. � 2. Permittee, at Permittee�s sole cost and expense, shall e�eArete��#er, ::::�:�':'::_'; reconstruct, maintain and repair the facility, 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 time when in his judgment it becomes necessary or advisable,to require any material used in the work to be repiaced 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, o� 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 �I+e-wfeaMe�`", "':"ww�� 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 the railway of Railroad. 4. In the event that Railroad,at the request of Permittee or any agent or contractor of Permittee,or for the protection I of its property and ope�ations,does any work,furnishes any material or flagging service,or incurs any expense whatsoever on account of�M. .. .. . . . ,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. Ifai�:� �,, �, 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 electrolysi5 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 Raikoad, Permittee upon being informed by Railroad of such interference shall fonhwith 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 ground+ng 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 betonging, 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 o� 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 negtigence 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. If the Permittee shall at ar�y time cease to maintain and operate the said Pacility or ahall Yail to perform every agreement of this permit, the Railroad may Porths+ith terminate this permit and may forth`rith expel the Permittee from its _ premises; and at the end of the permit the Permittee srill restore the premises of the Railroad to their former state. -� ---� , . a . , 'I�. �r. . ' � 4911e�B-9�-R@,'..,,ui:.;. ,:... herein by Permittee to be kept and performed. Ra' ment on ten (10) days� notice to Permittee, . . . ,. . . 3re•� _ .._........ ... . . . .. � . . .. ._ � .. .r....._.. .. . 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. In Presence of: • BURLINGTON NORTHERN RAILROAD COMPANY By � ir . ,�,��t, Director --Property Management CITY OF RENTON . B.v I�c�n.b a� �k► , `��-Qc,'� ` Mayor Attest ��_�6 City Clerk FORM 60025 2-84 r INTEROFFICE CORRESPONDENCE Date Jul.v ].l , ? ;�;�6 T0: ko:�ald Olsen, Utility En�,in�.�r FROM: Maxine E. Motor, City Clerk SUBJECT: pAG-001-86 - Burlingtor. Northern Railroad Wate� Proiert G�-�l�t ------------------------------------------------------------------------------- D 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 6/27/8b we return herewith �� V � document�s) , as above-captioned, which have been signed by � �1 � City Officials and need to be forwarded for further execution by Burlington Northern Railroad We return herewith recorded document(s) , as above-captioned, 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. � X � Please file a fully executed copy with the City Clerk's office for our permanent records when received. Thank you. MEM:d`6(°n cc: i:nclosures (2) � �� R�� „ o PUBLIC WORKS DEPARTMENT ♦r � z DESIGN/UTILITY ENG�NEERING � 235-2631 � � � MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH. 98055 9,0 �• O9�TF� SEP'�E�O�P BARBARA Y. SHINPOCH MAYOR MEMORANDUM DATE: June 27, 1986 T0: City Clerk FROM: Ronald Olsen, Utility Engineer SUBJECT: Burlington Northern Railroad Nater Project #W-814 Attached herewith are two permits that require execution by yourself and the �1ayor. Also attached is the letter from the Assistant City Attorney, approving this Agreement as to form. In his approval , he has mentioned that the City is accepting some liabilities and we feel these liabilities have to be acceptable if we want the permit. Please return permits to this office after execution. �,JlS1s-, :mf Attachments � �.r.. a, „�,�, --�_�^�A� � ' �!�N 3 0 1986 ! � � ' � , �1~. . �.. � � i.�.._ __. � , OF R� � ti �� 0 OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON U `� � Z P03T OFFICE 80X 828 100 3 2nd STREET • RENTON, WA3HINOTON 98067 255-8878 � C1 � � p LAWRENCE J. WARREN, CITY ATTORNEV DANIEL KELLOGG� A3313TANT CITV ATTORNEV 9A `O� DAVID M. DEAN, ASSISTAHT CITY ATTORNEY O��TF� SEP��O�P MARK E. BARBER, ASSISTANT CITY ATTORNEY ZAIYETTA L. FONTES, ASSISTANT CITY ATTORNEV June 2 3� 19 S C MARTHA A. FRENCH�ASSISTANT CITY ATTORNEY ' R �'`3�� ECENED ' PUBUC WORK3 DEPT. I TO: Dick Houghton CITY QF RENTON FROM: Daniel Kellogg, Assistant City Attorney RE: Burlington Northern Railroad Water Project #W-814 ! Dear Dick: I have reviewed the above mentioned project permit. I want you to be aware of the significant liability which the permit imposes upon the City of Renton in the event that our cathodic electrolysis or other electrical grounding system should cause any interference with the railroad signals in that vicinity. � In addition, the per- , mit imposes "boilerplate" indemnity clauses against the City and in ' favor of the railroad. If these provisions are acceptable to your Department, the agreement is approved as to form. Very truly yours, �� G � . � Daniel Kellogg DK/jw cc: Mayor Shinpoch _ , � , � , ��r�U� ,U g 1�- � BURLINGTON NORTHERN RAILROAD � 3300 Continental Plaza SALES and PROPERTY 777 Main Street MANAGEMENT DEPARTMENT Ft Worth, Texas 76102 June 10, 1986 Mr. Ronald L. Olsen Uitlity Engineer I City of Renton Public Works Department 200 Mill Avenue South Renton, Washington 98055 Dear Mr. Olsen: RE: Permit 249,618 - 12-inch water pipeline, 8-inch sanitary sewer pipeline and 24-inch storm drainage pipeline - Scopa, Washington Enclosed, in duplicate, is above-mentioned agreement covering transfer of Permit 248,435 held by Lincoln Property Company N.C. , Inc. . Both copies should be signed in the presence of witnesses and returned for signature on behalf of Burlington Northern. One copy will be returned for your record. Please send a check payable to Burlington Northern Railroad Company for $2,500.00 to cover the rental for the full term of the perpetual permit. Sincerely, /��. ��2�-�-L- R. L. Schwinghammer Assistant Manager - Leases �;--. . _, `_! t r',, . 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