HomeMy WebLinkAboutPermit � BURLINGTON NORTHERN
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Room 1018
176 East Fifth Street
INDUSTRIAL DEVELOPMENT AND St. Paul, Minnesota 55101
PROPERTY MANAGEMENT DEPARTMENT Telephone (612) 298-2121
J4r�uary : , l�^0 2
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PAG 006-81
Pipeline
No. 239,173
THIS AGREEMENT, made this 22nd day of $�tember . 19$� , between I
BURLINGTON NORTHER1� RAILROAD COMpANY (formerly
BURLINGTON NORTHERN INCJ, a Delaware corporation,hereinafter called"Railroad,"and CITY OF RENTON,
whose post office address is 200 Mi(I Avenue South, Renton, Wash ington 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
to excavate for,construct,maintain and operate dn 8—inch water p ipe I ine, I
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 KennyCla�e Station, in the County of
K i ng ,State of �/�/ash i ngton ,to be located as follows,to-wit:
Crossing at survey station 1017 + 70 - Mile Post 4 +4194 feet
, a shown CO�Ored reCl on the plat hereto attached,marked
Exhibit "A",dated $eptember 30, �98�, 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 hlundred Dol lars ��2��.00) for the
first ten (10) year period and One Hundred Dollars ($100.00) for each subsequent ten (10) years that
this permit remains in effect,
also 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
i�no way restrict Railroad�s right of termination under Paragraph 9 hereof.
2. 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 September 15, �98�,
heretofore approved by the Railroad's Regional Manager Engineering.
�
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Permittee shall fill in #he excavation, anii restore the surface of the ground to its previous condition subject to the
approval of the Superintendent of the [�ivision of Railroad upon which the facility is located.Said Superintendent shall have
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the right at any time 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 matte�of safety,or of appearance,or on account of additional tracks being laid,change of grade
thereof, construction of a 6uilding, 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 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 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
of its property and operations,does any work,furnishes any material or flagging service,or incurs any expense whatsoever
on account of the excavation for,construction,any reconstruction,maintenance,repair,change of locatio�,removal of the
facility or otherwise,Permittee shall reimburse Railroad 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
railway facilities by work or ftagging,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 atl 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 I
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 conirot of the parties hereto, in any manner arising from or during the construct�on,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. Notwithstdnding the foregoing� nothing herein contained is to be con—
strued as an �indemnification against the sole negligence of Railroad, its officers, employees or
agents.
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 (3G; 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 superoision and direction of the said Superintendent, or his authorized representative, 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.
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10. Upon any failure of Permittee punctually and strictly to observe and perform the covenants and promises made
herein by Permittee to be kept and 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 shafl 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 vear first above written.
In Presence of:
BURLINGTON NORTHERN RAILROAD COMPANY
�,�. a n � 1 C -� i gy � �.1,Ll�1 /1),I D�
v
Generel Menager—Leases
CITY OF RENTON
. _ gY3�� +� . 5���..
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Mayor
, � , AttPst 1�e�-f.u/ � �110,�_
dty Clerk
FOFiM 80028 1-76
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'`T��
INTEROFFICE CORRESPONDENCE
Date �,�r,, �� 1� '
TO: 'r i nc� Lef�, ��u:�� �i c- t„�r�.:> ,�;�t^b�;,.;�-L�,; '
FROM: Delores A. Mead, City Clerk
SUBJECT: Crrnstruc�i on �+t3rec;:�r��i, �1c. L39 j 173 �u��l i nytor; r �:r . �. :�.�
f,E��k�t,�� i5each Park -- �AG `3i;�:-:il
------------------------------------------------------------------
�/ We return herewith fully executed document (s) , as
above-captioned, copy of which we have retained
for our official public records. Copy should be
forwarded to
and the other for your file.
Pursuant to your memo of .,6�,�,,,;��,�;� :� we return
�;J( herewith document (s) , as above-captioned, which
have been signed by City Officials and need to be
forwarded for further execution by
Please file a fully executed copy with the City '
' Clerk's office for our permanent records when
received. Thank you.
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�, n _{CAT� pAG 006-81
' .� Pipeline
No. 239,173
i THIS AGREEMENT, made this 22nd day of September . 1981 . ���
BURLINGTON NORTHER�( RAILROAD COMoANY (formerly
BURLINGTONNORTHERNINC./, aDe�awarecorporation,hereinaftercalled "Railroad,"and CITYOFRENTON�
whose post office address is 200 Mil l 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
to excavate for,construct, maintain and operate qn 8-inch water pipe I ine,
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 rai�road, as the case may be, at or near Kennydale Station, in the County of
K i ng ,State of �/�/ash i ngton ,to be located as follows,toanrit:
Crossing at survey station 1017 + 70 - Mile Post 4 + 4194 feet
a shown co�orecl recl on the plat hereto attached,marked
Exhibit "A",dated September 30, �98�, 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 Hundred Dol lars ($200.00) for the
first ten (10) year period and One Hundred Dollars ($100.00) for each subsequent ten (10) years that
this permit remains in effect,
also 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 excavate for, construct, reconstruct, maintain and repair the
facility placing the same in accordance with the specifications provided in application dated September I5, �98�,
heretofore approved by the Railroad's Regional Manager Engineering,
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
.__�
. �
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the right at any time when in his judgment it becomes necessary or advisable,ta require any material used in the work ta be
replaced with like material or with material of a more permanent character; also to require additional wo�k or change of
location of said facility as a matter af safety,or of appearance,or on account of additional tracks being laid,change of grade
thereof, construction of a building, ar far any other reason whether o� nat connected with the operation, maintenance, or
imp�ovement of the railway of Railroad, all of which shall be done at the expense of Permittee in the manner herein
pravided.
3. Permittee shall give ta the said Superintendent at least two (2) days" advance notice af any work to be done by
Permittee in the excavatian, constructian, any reconstruction, maintenance, repair, change of location or remaval of the
facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railway of
Raiiroad.
4. tn the event that Railroad,at the request of Permittee or any agent or contractor of Permiitee,or for the protection
of its property and operations,daes any wark,furnishes any materiai or fiagging service,or incurs any expense whatscever
on account of the excavation for,construction,any recons2ruction,maintenance,repair,change of iocation,removal of the
fiacility or otherwise,Permitiee shall reimburse Railroad for the cast thereof within tweniy (20)days after bilts are rendered
therefor. If the exCavation for constructian,any recanstructia�,mainte�ance,repair,change af Eocatian,a�removaJ af the
facility,requi�es any or all af the following work: removal and replacemeM of track,bEidging,protection of track or other
railway facilities by work or flagging,engineering andlor supervision,such wark is ta be performed by Railroad employees �
and the cost borne by Permittee. '
5. In the event any cathodic electro4ysis or other electrical groundirrg system is insialled in connection with the facility
which, i� the opinion of Raitroad, in any way interferes with any train signals,telephone or telegragh lines,or ather facilities
of Railroad, Permittee upon being informed by Railroad of such interference shall farthwith discontinue operation of and I
remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference.Permittee I
further agrees ta indemnify and save harmless Railroad from and against any damages,claims, losses,suits or expenses in any �
manner arising from or growing out af interference with the signals,telephone or telegraph lines of Railroad by the operation, �
use or existence of any such grounding system. �
6, Pe�mittee shall and hereby releases and discharges Railraad of and from any and all liability for damage ta or I
destructian of the said facility, and any other property of Permittee located on or near Railroad�s premises; and shall and
hereby assumes any and alI liabi�ity for injury to or death af any and all personswhomsoever, including office�s,employees
and agents of ihe parties hereto, or ioss of or damage to property to whomsoever be�onging, including praperty owned by,
ieased to or in the care, custody and contral of the parties hereto, in any man�er arising from or dunng the construct�an,any
reconstruction, use, maintenance, repair or remova{ af said faciiity, hawever such injury, death, ioss,damage or destructian '
aforesaid may occur or be causecl; and shall and hereby does indemnify and save harmless Raiiraad of and from any anei ail
II claims, demands, su+ts, actians, damages, recaveries, judgments, costs ar expenses arising or growing out of or in connection
iwith any such injury, death, lass,damage or destruciion aforesaicE.Permittee further agrees to appear and defend in the name
I of Railroad any suits ar actions at iaw brought against it on accaunt of any such persana{ injuries, deaih or damage to
property, and to pay and satisfy any finat judgment that may be rendered against the Ftaiiroad i�any such suit or action.The
� liability assumed by Permittee herein shatl nat be affected or diminished by the fact, if ii be a fact, that any wch suit or
action braughi against Railroad may arise out af negkigence of Railroad, iis afficers, agents, servants or employees, or be
� concributed ta by sucn ney���ence. �lotwiths#anding the foregoing, nothing herein canteined is to be con-
' strued as an indemnification c�goinst the sale negligence af Railroad, i#s of#icecs, employees os
�, agents.
�� 7. Permittee shall not transfer or assign this permit without the written cansent of Railroad.
8. Nothing herein contained shall imply or import a covenant an 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 (3G; days natice in writing af its intention to cancel the same and at the expiratian af such
natice this license and permission shall terminate. Upon receipt of such notice and before the expiration thereof,Permittee,
' uncier the supervision and direction of the said S�perintendent, or his authorized representative, shail remove the facitity
fram the right of way ofi Raiiroaci and restore the right of way and premises of Railroad in a manner and to such canciition as
shali be satisfactory to the said Superintendent af Railraad. lf Permittee shail fail to remove the faciiity anci resto�e the said
right of way to such condition within said thirty (30} day period, Raifroad at its option may remove the same and restore the
said right of way to its previous condition,and Permittee shai{pay the cost and expense thereaf to Raiiroad.
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10. Upan any faiiure of Permittee punctuaHy and strictty to abserve and perform the covenants and promises made
herein by Rermittee to be kept and performed,Raiiroad may terminate this agreement on ten (101 daYs�rwtice to Permittee,
remove the faciiity,and resiore the right of way to its previaUs candiLion at the cost and expense of Permittee.
11. Any notices given under the provisions oF Ihis agreement shatl be good if deposited pastpaid in a United States post
off'rce addressed to Permittee at Perr»ittee's post ofiice address above stated or as othenavise directed by Permittee.
12. The license a�d permission herein granted is subject to permits, leases and licenses, if any, heretofote g�anted by
Railroad affect+ng the premises upon which said facility is lacated.
Subject to the foregaing provisions, this agreement and all of the covenants and promises thereof,shaU inure to the
� benefit of and be binding upon the parties hereto,their respective executors,administrators,successors and assigns.
IN WITNESS WFIEREOF, Railroacf and Permittee have executeci this agreement the day and Vear first above written.
In P�esence of:
BURLINGTON NORTHERN RAlL.ROAD COMPANY
av
Gena�st Msnaysr— laasas
C ItY OF (�ENTON
Bv�Cs?t�11h.d � . V�.t..�f3t1 G�
. - - u � Mayor
���`_��.-�L�t-�t�^y'_ ,i�/ L''CM � �/ ,�,rit�PCI' jd�,�eC�dOL�.�' ^ ,/�L4��
� �ty Cle�#c
FOfIM 8001�6 1-76
_. ..... ........ _.-�r
�
. �
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�
� �� ,� ° PUBLIC WORKS DEPARTMENT
RICHARD C. HOUGHTON • DIRECTOR
0 � � MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055
9A �� 206 235-2569
�
O9�TF0 SEP�E�O
BARBARA Y. SHINPOCH
MAYOR
December 21 , 1981
T0 : Del Mead, Ci ty Clerk
FROM : Vince Lee, Public Works Coordinator
SUBJECT : Construction Agreement No. 239, 173
Burlington Northern - Gene Coulon Beach Park
Dea r De 1 :
Attached are two copies of this agreement and a copy of Burlington
Northern's transmittal letter. A copy of the City Attorney's approval
as to legal form is also attached.
Please allocate a CAG number and arrange for execution.
Note that letter requires that City Clerk attest in the presence of
witnesses.
Return both signed documents to undersigned for transmittal to
Burlington Northern.
!/.li�Gli�..f.'L
VL:a d a-�'
Attachments
. a. I�i
OF R�� '
ti � OFFICE OF THE CITY ATTORNEY• RENTON,WASHINGTON
U �� � Z POST OfFI�epx 626 100 2e+tl AVEI'�UE OUIIWfVG • RENTON, WASHINGTON 9e0S5 2S5-e670
p � $ LAWRENCE J.WARREN� CITV ATTORNEY DANIEL KELLOGG, ASSISTAIVT CITV ATTORNEV
9q � SLTSAN R. IRWIN, ASSISTAfVT CtTV ATTORNEV
O��TF� SEP�����Q December 17, 1981
T0: Vince Lee, Public Works Coordinator
FROM: Lawrence J. Warren, City Attorney
RE: Burlington Northern Construction Agreement No. 239, 173
- Gene Coulon Beach Park
Dear Vince:
I have reviewed the Agreement and approve it as to legal
form.
As previously expressed, I think their legal descriptions
are shakey, and t�iat their indemnification clause, contained
in paragraph 6, is overly broad, However, since this is
merely a water pipe, I do not think tl�ese matters are of
undue concern.
�J
� � �
? ! � Uc�-
� Lawrence .Y arren
LJW:nd
cc: Mayor
.
. �
� BURUNGT�ON NORTHERN RA�RQAD '�,
, � �I
Room 1018 '
' 176 East Fifth Street I
INDUSTRIAL DEVELOPMENT AND St. Paul, Minn�sota 55101
PROPERTY MANAGEMENT DEPARTMENT Telephone 16121 298-2121
vember 16 1981 I'
No ,
Re: Station: Kennydale, WA I
Permit: 239,173
Date: September 22, 1981
Purpose: 8-inch water pipeline
Rental : �200 first 10-year period
and �100 each subsequent 10-year
period thereafter
Mr. Richard C. Houghton
Acting Public Works Director
City of Renton
200 Mill Avenue South
Renton, WA 98055
Dear Mr. Houghton:
In accordance with your application, we are pleased to enclose in
duplicate the above mentioned agreement.
Both copies of the agreement must be executed on behalf of the
City and attested by the City Clerk in the presence of witnesses
and returned for execution on behalf of Burlington Northern. One
fully executed copy will be returned to you for your record.
Will you also kindly forward your check to cover the rental as
specified in the agreement.
Sincerel ,
����
. W. Recktenwald
Lease Representative
Encls.
- . � -
.
TEMPORARY AGREEMENT COVERING ADVANCE
RIGHT OF ENTRY AND OCCUPANCY OF
BURLINGTON NORTHERN INC. PROPERTY
BURLINGTON NORTHERN INC. (hereinafter called "Railroad"1, hereby grants per-
mission to �ity of Renton, 200 �Iill Avo. So. Ronton, Wa 980S5
hereinafter called "Permittee", to enter upon its property for the purpose of �onstruction Of 8"
water line at Renton. Roadmaster L. A. Parker (625•6462) to be noti-
fied at least 48 hours in advanco of actual •ntry.
MP 4♦4194
at j�pAtOA, W8.
In consideration of permission given the Permittee by Railroad as outlined above pending
issuance of a formal lease, permit or license, the Permittee hereby agrees to indemnify and hold
harmless Railroad from and against and defend Railroad from and against any and all claims, loss,
costs, suits or damages arising out of injuries to or death of any and all persons whomsoever,
�� including, but not limited to, the parties hereto, their agents and employees, or damage to
property to whomsoever belonging, including property owned by "or in the care, custody and
control of either Permittee or of Railroad, in any manner connected with or resulting from,
either directly or indirectly, the occupancy and use of Railroad's said property by the Permittee,
its employees, agents, contractors or subcontractors and their emp►oyees, regardless of whether
or not such injury, death or property damage may have been caused or contributed to by the
, negligence of the Railroad, its agents or employees.
This agreement shall be and remain in full force and effect until such time as a formal lease,
permit or license is entered into by and between the parties hereto covering occupancy of the
property of Railroad hereby permitted.
The Permittee agrees to execute such formal lease, permit or license promptly upon its being
' presented to it by Railroad; however, execution thereof shall not operate to absolve the
Permittee of any liability assumed and incurred by it hereunder.
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate this
���+,�-l� day of_..,�,�� , 19 ��.
BURLINGTON NORTHERN INC.
gy�i, .�6i/.�.c
Division Superintendent
Witnesses:
�
L����� � �� �-- �.cl s�
// Permittee /
ii
Form 16005 5-72