HomeMy WebLinkAboutE 9103181696 , ' r � . �
`. � ' . :_ .. FI�ED FOR RECORD 1�T REQ�UESi G�'
, � ' � - � � � OFFICE OF THE CITY CLERK
RENTON MUNICIPAL BLDG.
. 200 MILL AVE. S0.
'��� �� EASEMENT RENTON, WA 98055
,�;.,, � ;s ;� r. �ol
J �
'�� K1�T4W ALL MEN BY THESE PRESENTS,that BURLINGTON NORTHERN
RAILRf}AD�CUMPAI�TY(formerly named Burlington Northern Inc.), a Delaware
corporation,whi5se address for purposes of this instrument is 2100 First Interstate
Center,999 Third Avenue, Seattle,Washington 98104, Grantor,for Nineteen
Thousand One Hundred Twenty-Five and no/100 Dollars($19,125.00)to it paid by
CITY OF RENTON, a Washington municipality, Grantee, and the promises of the
Grantee hereinafter specified,does hereby remise,release and quitclaim unto the
Grantee, subject to the terms and conditions hereinafter set forth, an EASEMENT to
construct and thereafter maintain,repair,replace and remove an underground water
utility line,hereinafter called watermain,over,upon and across the following
described premises, situated in King County, State of Washington,to-wit:
A 15 foot wide strip of land being the Northwesterly 15 feet of
Burlington Northern Railroad Company's(successor in interest to the
former Pacific Coast Railroad Company) 75 foot wide Branch Line right of
� way,being 20 feet wide on the Southeasterly side and 55 feet wide on the
� Northwesterly side of said Railroad Company's Main Track centerline as
CD now located and constructed upon,over and across the NW�NE�and the
� E�NW�of Section 17,T23N,R5E,W.M.,King County,Washington,lying
� between the Easterly projection of the South line of Block 13 and the
o � North line of Bronson Way of the Car Works Addition to the City of
� Renton, said King County, according to the recorded plat thereof.
�
RESERVING,however,untn the Grantor, its successors and assigns,the right
to construct,maintain,use,operate,relocate,reconstruct and renew such tracks and
facilities as it may at any time,and from time to time,desire within the limits of the
land hereinbefore described,including the right and privilege to use said land for any
and all purposes,not inconsistent with the use thereof for watermain purposes.
The foregoing easement is made subject to and upon the following express
conditions:
1. To existing interests in the above-described premises to whomsoever belonging
a.nd of whatsoever nature and any and all extensions and renewals thereof,
including but not limited to underground pipe line or lines, or any type of wire
line or lines,if any.
2. Any and all cuts and fills,excavations or embankments necessary in the
construction,maintenance,or future alteration of said watermain shall be
made and maintained in such manner,form and extent as will provide adequate
drainage of and from the adjoining lands and premises of the Grantor; and
wherever any such fill or embankment shall or may obstruct the natural and
pre-existing drainage from such lands and premises of the Grantor,the Grantee
shall construct and maintain such culverts or drains as may be requisite to
preserve such natural and pre-existing drainage, and shall also wherever
necessary,construct extensions of existing drains,culverts or ditches through
or along the premises of the Grantor, such extensions to be of adequate sectional
dimensions to preserve the present flowage of drainage or other waters, and of
materials and workmanship equally as good as those now existing.
''.'•�,:��-!:'a%% '�,�,'y.�.�.'=i f_. [:s
�'.E}:�:�t � ��. i-.,-;
.XCtSE TAX NOT REQUIRED ���� �� ��t�F�� i:� z=�::::
�Q C0. 6CObS DiviSfOrt � r���:HL•#.._ ���=��1 �e s�tt�t
,. _ D@PUIY ��dl���OG�f/�, S""3�.�0 . �1�� /�
. �
3. The Grantee shall bear the cost of removal,relocation or reconstruction of any
and all right of way fences, telephone or telegraph poles,or other facilities,the
removal,relocation or reconstruction of which may be made necessary by
reason of the use of said premises for said watermain purposes.
4. The Grantee shall, at its own cost and expense,make ac�justment with
industries or other lessees of Grantor for buildings or improvements that may
have to be relocated,reconstructed or destroyed by reason of the construction
and maintenance of said watermain on said premises.
5. For any work performed in the State of Washington,nothing in this agreement
is intended to be construed as an indemnification against the sole negligence of
the Grantor,its officers,employees or agents. Moreover,for any work
performed in the State of Washington,the Grantee specifically and expressly
agrees to indemnify the Grantor against all loss,liability and damages,
including environmental damage,hazardous materials damage,or penalties or
fines that may be assessed,caused by or resulting from the concurrent
negligence of(a) the Grantor or the Grantor's agents or employees, and(b) the
Grantee or the Grantee's agents or employees,to the extent of the Grantee's
negligence.
� For any work performed in the State of Washington,the Grantee specifically
_ and expressly waives any immunity it may have under Washington Industrial
pp Insurance,Title 51 RCW,and acknowledges that this waiver was mutually
c�
negotiated by the parties hereto.
� The Grantee further agrees that it has a duty to defend at its own expense,in
� the name and on behalf of the Grantor,all claims or suits for injuries or death of
persons or damage to property arising or growing out of the work carried on
under this contract,for which the Grantor is liable,or is alleged to be liable.
However,upon a final determination in a court of law in which a percentage of
negligence is attributed to the Grantor,the Grantor agrees to reimburse the
Grantee in the same percentage for the costs involved in defending the suit.
For so long as this easement shall survive, all contracts between the Grantee
and its contractor,for either the construction herein provided for or
maintenance work on the watermain within any easement area described
herein or shown on the exhibit attached hereto,shall require the contractor to
protect and hold harmless the Grantor and any other railroad company
occupying or using the Grantor'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:
A. Furnish to the Grantor a railroad protective liability policy in the form
provided by FHPM 6-6-2-2, or as such form may be hereafter amended or
supplanted, and any other pertinent instructions issued by the Federal
Highway Administration, Department of Transportation. The combined single
limit of said policy shall not be less than Two Million Dollars($2,000,000.00)for
all damages arising out of bodily injuries to or death of any person or persons
and for all damages arising out of loss or destruction of or injury or damage to
property in any one occurrence, and, subject to that limit a total (or aggregate)
limit of not less than Six Million Dollars($6,000,000.00), for all damages
arising out of bodily injuries to or death of any person or persons and for all
damages arising out of or loss or destruction of or injury or damage to property
-��/�-�I
z
� ' �
a
- during the policy period. Said insurance policy executed by a corporation
qualified to write the same in the State in which the work is to be performed,
shall be in the form and substance satisfactory to the Grantor and shall be
delivered to and approved by the Grantor's Regional Chief Engineer prior to the
entry upon or use of its property by the contractor. This being a potentially
perpetual easement,Grantor reserves the right to require higher limits of
insurance in the future as may be commercially reasonable at the time.
B. Carry regular Contractor's Public Liability and Property Damage
Insurance as specified in FHPM 6-6-2-2,or as such form may be hereafter
supplanted or amended,and any other pertinent instructions issued by the
Federal Highway Administration,Department of Transportation, providing for
a limit of not less than Five Hundred Thousand Dollars($500,000.00)for all
damages arising out of the bodily injuries to or death of one person, and, subject
to that limit for each person, a total limit of not less than One Million Dollars
($1,000,000.00) 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
Five Hundred Thousand Dollars($500,000.00) for 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 One Million Dollars($1,000,000.00)for all damages to or
destruction of property during the policy 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 Grantor, shall
� be delivered to and approved by the Grantor's Regional Chief Engineer prior to
� the entry upon or use of the Grantor's property by the contractor. This being a
O potentially perpetual easement, Grantor reserves the right to require higher
� limits of insurance in the future as may be commercially reasonable at the time.
If the Grantee, 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 Grantor,such daxnage or destruction shall be corrected by the Grantee in
the event its contractor or the insurance carriers fail to repair or restore the
same.
6. If said described premises,or any part thereof,shall at any time cease to be used
by said Grantee,or by the public,for the purpose, as aforesaid,or should they be
converted to any other use whatsoever,or should the Grantee fail to perform
any of the conditions herein expressed,then and in any such event, all the right,
title,interest,benefits and enjoyment of said Grantee,or of the public, in and to
said premises, for any purposes whatsoever,shall immediately cease and the
said Grantor,its successors and assigns,may, at its or their option,re-enter,
retake and hold said described lands and premises as of the present estate of
said Grantor without compensation to said Grantee, the public,or any other
person whomsoever, for improvements or property removed,taken or destroyed,
or liability for loss of,or damage to any premises or the improvements thereon
abutting on said easement area or any part thereof.
7. The Grantee shall, or shall require its contractor to, notify the Grantor's
Roadmaster in Seattle a sufficient time in advance whenever the Grantee or its
contractor is about to perform work on or adjacent to Grantor's right of way and
tracks to enable Grantor to furnish flagging and such other protective service as
might be necessary and Grantee shall reimburse Grantor for the cost thereof.
_��� -�1
3
, . � � � ,
8. The Grantor does not warrant its title to said premises nor undertake to defend
the Grantee in the peaceable possession,use or enjoyment thereof; and the
grant herein made is subject to all outstanding rights or interest of others,
including the tenants and licensees of the Grantor.
TO HAVE AND TO HOLD THE SAME,together with all the hereditaments
and appurtenances thereunto belonging to Grantee for public use and enjoyment for
the purposes aforesaid and for no other purpose whatsoever subject to the terms and
conditions hereinbefore stated.
IN WITNESS WHEREOF,the said BURLINGTON NORTHERN R,AILROAD
COMPANY has caused this instrument to be signed by its authorized officers, and
the corporate seal affixed on the /y L.�` day of DEGEMe��e , 19�.
BURLINGTON NORTHERN
ACCEP'I'ED: R,AILROAD COMPANY
CIT OF RENTON
BY BY
� ltle - Mayo J. H.Ilkka
� Earl Clymer Director-Title Services
C.L7
� ATTEST: ATTEST:
� BY BY �-CZ�i�-� - G����� .
_. Title M ' J. Petersen, nita D.Wells
O� city C�.erk Assistant Secretary
BN 9915 Renton,WA
-���- ���
4
$TATE OF )
)ss.
COUNTY OF 3,.d )
On this�day of �e,�.e�vr��tx' , 19�a ,before me,
the undersigned, a Notary Public in and for the State of Washington,duly
commissioned and sworn,personally appeared
and ,
to me known to be the --� and
---,respective ,of CITY OF
RENTON,the corporation that egecute the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
corporation,for the uses and purposes therein mentioned, and on oath stated that
they are authorized to execute the said instrument and that the seal affixed is the
corporate seal of said corporation.
Witness my hand and official seal hereto affixed the day and year first above
written.
Notary ic in and or the
� State of ��� � u
O�
C.C)
� Residing at• �
oMy appointment expires: ��� q�
�
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this / � day of ��i,u��1 , 19Q�,before
me,the undersigned, a Notary Public in and for the State of Washington,duly
commissioned and sworn,personally appeared J. H.Ilkka and Anita D.Wells,to me
known to be the Director-Title Services, and Assistant Secretary,respectively,of
Burlington Northern Railroad Company,the corporation that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that they are authorized to execute the said instrument and that the seal
affixed is the corporate seal of said corporation.
������t���\�1
Wit�i�y l�an��iifficial seal hereto affixed the day and year first above
written.��, ,��$S��N E�,�� �
� Q=c��� xp�'pF��rl,�J
= = ���A� �' ',, : G�� � � ?
� ; `� �° �Vot�xy Pu lic in and or the te o Washington
`� � �`�'y'�'4�"`� s�4ing at: Seattle,Washin�ton
�° � .
�,�%� !, ����.�� = .�ppointment expires: January 9, 1993
� � ', '� .:-� '
�'�, j+�hi��ll��_g` _ � �
I ��>»>��a.a��` �
BN 9915����`on�1��1�=
(,�0�\���o����` �/�J� -�f
5