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Home My WebLink AboutE 8110070398 . . .� File No. 80-5-56 Parcel 18 EASEMENT The Grantor, GLACIER PARK COMPANY, a Minnesota corporation, hereinafter called Railway Company, for and in consideration of TWENTY FOUR THOUSAND ONE HUNDRED TWENTY ONE DOLLARS AND NO/100 ($24,121.00) to it paid, and the agreements herein contained, does hereby grant to the CITY OF RENTON, � hereinafter called City, an easement for roadway purposes over, upon and across,,.--''J� Q-, the following described premises situated in King County, State of Washington: c� 0 That portion of the NE1/4 of the NW1/4 of Section 36, 0 Township 23 North, Range 4 East, W.M. King County, O Washington, described as follows: � Beginning at a point 114 feet East and 30 feet North of ;��,�;��;��}�`� i�il`.� t?�"a�" the N.E. corner of Nenry Adams Donation Land Claim, on the North line of South 180th Street, (S.W. 43rd Street�� '�g thence North 1°11 '15" East 18.82 feet; thence South `' 89°15'38" West 113.69 feet; thence North 85°34'56" West ��;� ,�Y "�: �;��<s;s'� '�� 205.44 feet; thence South 2°31'23" West 25.00 feet, to.' ��;� - `_` ~f< ?.�i_{,:�s�J�� sai d North 1 i ne; thence along sai d North 1 i ne, South � �s��ji�i;� � �s�nj-�4�r � �` 88°22'16" East 205.44 feet; thence continuing along said North line, South 88°48'45" East -113.88 feet," to the�� point of beginning. ' Contains an area of 6,030.23 sq. ft. or 0.14 acres;�N��:.-°"��°-}' E3- �`�`R��`�` `' �._��}� ._F_� R/W - S.W. 43rd Street (Renton) �:��<` :�::�.::1:��:��.;_�,,t�s This easement is made subject to and upon the following express conditions: I The Railway Company, for itself and its successors and assigns, reserves all rights to use the property hereinbefore described for any and all purposes whatsoever not inconsistent with the easement hereby granted, includ- ing, but not limited to, the right to construct, maintain, repair, renew, reconstruct, replace and operate present and future, communication, signal and electric power lines, utilities and ingress and egress to any remaining Railway Company ownership contiguous with said property and other types of facilities on said property when deemed necessary or expedient to the Railway Company. Rights reserved shall be so exercised as not to damage or interfere with the roadway as above defined. This easement is subject to all existing interests of third parties in said property of any kind or nature whatsoever and any and all extensions or renewals thereof. II The City agrees to provide, at its sole cost and expense, adequate drainage of the Railway Company's property in connection with construction and maintenance of said roadway and also agrees to reimburse the Railway Company for any and all expense incurred by it by reason of any failure of the City to provide such drainage. III All contracts between the City and its contractor, for either the construction herein provided for or maintenance work on the highway within any easement area described herein or shown on the exhibits attached hereto, shall require the contractor to protect and hold harmless the Railway and any other railroad company occupying or using the Railway's right-of-way or line of railroad against all loss, liability and damage arising from activities of the contractor, its forces or any of its subcontractors or agents; and shall further provide that the contractor shall: � P�� re,s f tJ Y t� �s r�;�r�{� J E../'Y. E ._ f.�,�a: �9t 1 :i�.�:L��i�r.LJ cprmnkll 1 `'� `� �'�?. :�_._. � �._:.,..,,. c. .,� �.J '�J �� - - , `- , , ��`� ,,a,. r _----- ' , • � � _ . , � r ' � i � i I . ,J + • ' �, , .� ' � � I J I I 1. Furnish to the railway a Railroad Protective Policy in the form provided by FHPM 6-6-2-2. The combined single limit of said policy shall not be less than Two Million Dollars ($2,000,000) for all damages arising out of bodily injuries to or death of any person or persons and for all damages arising out of the loss or destruction of or injury or damage to property in any one occurrence during the policy period, and subject to that limit a total i (or aggregate) limit of not less than Six Million Dollars ($6,000,000) for all I damages during the policy period. Said insurance policy executed by a corpor- � ation qualified to write the same in the State in which the work is to be t.,� performed, shall be in the form and substance satisfactory to the railway � company and shall be delivered to and approved by the railway prior to the � entry upon or use of its property by the contractor. J � 2. Carry regular Contractor's Public Liability and Property Damage -- Insurance as specified in FHPM 6-6-2-2 providing for a limit of not less than � One Million Dollars ($1,000,000) for all damages arising out of bodily injuries to or death of one person, and, subject to that limit for each person, a total limit of not less than Two Million Dollars ($2,000,000) for all damages arising out of bodily injuries to or death of two or more persons in any one accident; and providing for a limit of not less than One Million Dollars ($1,000,000) for I all damages to or destruction of property in any one accident and subject to that limit a total (or aggregate) limit of not less than Two Million Dollars � ($2,000,000) for all damages to or destruction of property during the policy I period. A certified copy of the policy providing said Contractor's Public Liability and Property Damage Insurance, executed by a corporation qualified to write the same in the state in which the work is to be performed, in form and substance satisfactory to the Railway shall be delivered to and approved by the Railway prior to the entry upon or use of the Railway's property by the contractor. If the City, its contractor, subcontractors or agents, in the performance of the work herein provided or by the failure to do or perform anything for which it is responsible under the provisions hereof, shall damage or destroy any property of the Railway, such damage or destruction shall be corrected by the City in the event its contractor or the insurance carriers fail to repair or restore the same. IV In the event that said property shall at any time cease to be used by the City for roadway purposes, or shall by operation of law or otherwise become vacated or abandoned, the easement herein granted shall immediately cease and terminate without notice or other proceedings on the part of the Railway Company, and the City, its successors or assigns, shall reconvey immediately said property to the Railway Company. IN WITNESS WHEREOF, the parties hereto have executed this agreement in dup 1 i cate th i s llth day of AuQust � 1981• CITY OF RENTON GLACIER PARK COMPANY . B y��1t.� • ��L 0 �� B y ay r, i y e�on :.:,� � Pres i dent � Attest: . Ass' tant Secretary ��se�i �or �ecord Ai �he �tequest 0� King rv��;ty ��a! arn,��:Yr. �s��:;��, cprmnkll 2 L. � � . ' . • ` • • � I • ' I I � 4i . I ` ' '� i-�� --'•� ' { i i , .��ti� i STATE OF MINNESOTA � ss. County of Ramsey ) On this llth day of Auaust , 1981, before me personally I � appeared J. C. Kenady to rne known to be a ` � :.� President and � C'7 Q R. J. Morin, Asst. Secretary of Glacier Park Company, the corporation that � � executed the within and foregoing instrument, and acknowledged said instrument I O to be the free and voluntary act and deed of said Glacier Park Company, for the cD uses and purposes therein mentioned, and on oath stated that they were authoriz- ed to execute said instrument and that the seal affixed is the corporate seal of said Glacier Park Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Xla�6,�G�d�AA � n �A�/nnMn��,�G��m/AAAAA�A as �.W.THAYER Q ^�.�t°"�6:ti+ � :,;�„ e.. NOTARY PUBLIC-MINNES07A � t RAMSEY COUNTY a �� ...�` My Commission Expires Nov, 17,19�5 p�l7'G'd'Cl�'l'Y/'Y/G'✓G� _ • Notary Pu ic in and t e a e o Minnesot , residing at t. Paul . cprmnkll 3 /""/�'��"� � r � t F 1� . ;S�r �,� ` , Y` $%�(,ry , "r - 4 �� e <a f �• � ^ �� ( ..�!1 , �` ` , �'i''