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HomeMy WebLinkAboutA 10101911a THIS AGRRMTERT, made and entered into by and between the Colombia & Puget Sound Railroad Company, a Vlashington corporation, party of the first part, and the Seattle, Renton & Southern Railmy Company, a Washington corporation, party of the second part, C:rITNESSETH, That for 6Ad in consideration of the sum of one dollar ($1.00) and other valuable consideration to it in hand paid by the second party, and in consideration of the covenants herein contained to be kept and performed by the said socond party, the said first party does horeby assign and set over unto the said second party all rights privilege and authority which it has under Ordinance number 259 and 260 of the City of Renton, to lay dorm, construct, maintain and operate that certain transfer track men- tioned and described in Section 2 of said Ordinance number 259, which transfer truck is more specifically described as follorls: A single track of standard gunge railway the center line whereof shall be as nearly as may be co- incident with the cen*er line of the right of way therefor next hereinbelow specified, and a right of xray 11 feet in tridth for such track, the center line of ,which right of rmy- shall begin on the south marginal line of Third Street at a point 32.26 feet east of the northeast corner of block 339 as name is shown on the official plat of Smither's let Addition to the Tom of Renton; thence on a, curve to the left with a radius of 105 feet (said radius from point of beginning, bearing southeasterly two degrees forty-four minutes from the lino of Third Streetl a distance of 102.17 feet, more or lean, to an intersection with the center line of the -1- i I l: most southerl3r of the tyro tracks of the Seattle, Renton & Southern Railway as the same are now located, over and across said.Third Street tangent to the center dine of the said Seattle, Renton and Southern track and the center kine of the 11 foot r:i�t of tray last above described, being parallel and coincident at said.inter- section. And. the said :first. narty does also hereby assign to said second party all the right, privilege and authority granted to it by said Ordinances to locate, lay down, operate and maintain in connection with said transfer track at such place.in Third Street in the City of Renton, and Burnett Street in the City of Renton, as is necessary or convenient, the necessary poles and all neces- sary equipment of every sort, and the right to erect poles and string wires to make proper and complete electrical connection, to the aforesaid track of the Seattle, Renton and Southern Railvray, This assignment is made subject to all • the condition►, limitations and restrictions mentioned and set forth in said 8rdinanes number 259 and 260. In consideration of the premises the said second party does hereby agree to pave that portion of said transfer track hereinafter described within the boundaries of Third Stroet in the City of Renton, Vashington, whenever the remaining portion of said street is paved under ,any ordinance of the City of Renton, such pavement to be similar to the pavement constructed in the rcmainder of said street. Said second party does hereby further covenant, and agroe4 to and vrith the party of the first part, to protect and save harmless the said party of the first part from all claims, actions or damagea of every kind and description Which may accrue -2- to or be suffered by any person or persona by reason of any defec- tive construction or maintenance or improper occupation of said transfer track and right of -tray, or by reason of the Negligent operation of said second party, its successors and assigns, of its or th-ir railway trains over Laid trans :�r trach and right of tray above described, and in cas-- an;; action or suit should be b 1-15 . against the said City of Renton, or against the first party herein$ arising out of or by reason of such defective construction or maintenance or improper occupetion or negligent operation, said socond party , its successors and assigns may and shall upon notice to it or thea of the corenrnccnr ent of such action or shit, defend the some at its or their sole cont and expense; and in casae judgment shall be rendered aeainsst said City of Renton, in such action or suit, or against the first party herein in such action or suit, shall fully satisfy such judgment witWn ninety (90) days after such action or suit shall have been finally determined, if dotormined adversoly to said City of Renton or to said first party. Said sodond party further .agrees to beCin upon the construction of the said transfer track archin "e—days from this. d.ato an shLi:l complete t•.ho constru tion of the sssnc -.1 thin �r;* d aya from thio dr te. And if Maid work shah nol; be begunVAthIn the time in this clr=e crib ed, than unless the b wginning of said ;cork or the completion of the same Shull have bean prevented by injunctions, unavoidable delays in eond3nn ation suits, strikes, riots or other occurrences beyond the control of said socond party its successors and assigns, the said City Council of the City of Rcnton, or the first party, shall hsavc the right after thirty(30) days notice to said second party, its successors and assigns, to declare the forfeiture of all ri_ its, privileges and authorities hcrcby assigned* -3- ;j _1 n `MID, aspigment shall not bo offectivo until a copy thoroo2 aortifiod to mo ouch by the Secretary of amid socond party, or other paccon having tho proper custody Of Duch assignment in Its behalf, shall have been filed in the office of the City Clerk of the City of Renton, and said second party agreed to file ouch certified copy as aforesaid, within days From the date hereof. Iii 2 5 VRERMP tha, parties hereto have caused these preownts to be caocuted b its duly authorizod officers this day of L 1911. COLIRMIA & PUGET SOUND RAILROAD COITANY, Ito President. ATTIMT Its Secretary, SEATTLE, R'1T419 SOUTIFPX 3AILTAY CGL"ANY. f Its President. As'TIMT: its Secretary, .AA b� 1 State of Washington,: (ss County of K i n ' Secretary of the Seattle, Renton & Southern Railway Company, a corporation, do hereby certify that the.above and foregoing is a true, full and correct copy of an instrument of assignment made, executed and delivered by the Columbia & Puget Sound Railroad Company to the said Seattle, Renton & S'outhern Railway Company, on the day it bears.date. And I further certify that the original of said assignment is in my possession. as Secrtary of said Railway Company. I__� STI T1}FSS I'IKF)3FCF, I have her affixed the seal of said corporation set my hand and , day of Gcto .61 % , 1911.