HomeMy WebLinkAboutE 9506070643 � . ' • ,
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�1'HEN FECOP.DED PENRN TO: !� �""� �• 8/23/95
Office of thr dt��cicrk { ��,���f' � � p�, i. N oth @ Houser WJ/ N
Renton r.fui�i�ipal I3uilding �9�°�
200 hiill Acenue South 1 j
Renton,�VA ybU75 �' :o`i'JG 1,��!�1f�11��' !
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N:ASEMENT
KNOW ALI. MEN BY 7'HF.SE PRESEN'I'S, that RUNLING7'ON
NORTHERN RAILHOAD COMPANY (formerly named Burlington Northern
Inc.), a Delaware corporation, whose address for purposes uf this instrument is 3300
Continental Plaza, 777 Main Street, Fort Worth, TX ?6102-5384, Grantor, for TWO
THOUSAND FNE HUNDRED and No/100 Dollars ($2500.00) to it paid by CI'I'Y
OF RENTON, a muncipal corporation of the State of Washington, 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 EASEMF.NT to widen 8th Street, hereinafter called roadway, over, upon and
� across the following described premises, situated in King County, State Washington,
p to-wit:
�
O
LO All that portion of the Northwest quarter of the Southeast quarter of
O Section 8, Township 23 North, Range 5 East, W.M., in the City of Renton,
� King County,Washington,described as follows:
� Commencing at the East quarter corner of said Section 8, from which
corner the Northeast section corner bears North O1°02'09"East;
Thence North 89°27'25" West along the East-West center of section
line, a distance of 2647.56 feet, to an existing center of section monument:
Thence South 01°02'40" West, a distance of 60.U0 feet, to the South
line of the North 60.00 feet of said Northwest quarter of the Southeast
quarter;
Thence South 89°27'25" East, along said South line, a distance of
113.69 feet, more or less, to the Southwesterly margin of the Burlington
Northern Railroad right-of-way and the 7'rue Point of Beginning of the
herein descri�ed tract;
Thence continuing South 89°2?'25" East, along said South line, 95
feet, more or less, to the Northeasterly margin of the Burlington Northern
Railroad right-of-way;
Thence South 5?°49'S0" East, along said Northeast margin, a
distance of 9.54 feet to the South line of the North 65 feet of said
Northwest quarter of the Southeast quarter;
Thence North 89°27'25" West, along the South line of said North
65.00 feet,to the Southwesterly margin of said Railroad right-of-way, said
point being on a 757.01 foot radius, circular curve to the right, from which
point the center of said curve bears North 45°14'17"East;
Thence Northwesterly, along said curve, through a central angle of
0°32'08", an arc distance of 7.08 feet to the South line of the North 60.00
feet of said Northwest quarter of the Southeast quarter and the True Point
of Beginning.
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RESERVING, however, unto 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 roadway purposes.
ALSO RESERVING, however, unto the Grantor, its successors and assigns,
the right to construct, place, operate, maintain, alter, repair, replace, renew, improve
and remove communication lines above, below and on the surface of the premises,
including, without limitation, transmission by conduit, fiber optics, cable, wire or
other means, of electricity,voice data,video, digitized information, or other materials
or information, including the right of ingress and egress in any such manner as does
not unreasonably interfere with Grantee's use of the premises for said roadway, and
further reserving unto Grantor, its successors and assigns, all right and privilege of
ingress and egress to said premises as Grantor, its successors and assigns may
require to investigate and remediate environmental contamination and hazards.
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 and 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
O construction, maintenance, or future alteration of said roadway shall be made
GO and maintained in such manner, form and extent as will provide adequate
O 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.
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 roadway purposes
4. The Grantee shall, at its own cost and expense, make adjustment 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 roadway on said premises.
5. This instrument is granted according to the terms and conditions of that
certain Letter Agreement between the Grantor and the Grantee accepted by the
Grantee on November 11, 1994 and made subject to the terms and conditions
contained therein.
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6. All contracts between the Agency 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:
1. Furnish to the Railway a Railroad Protective Policy in the form provided
by 23 CFR 646 A. 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
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 (or aggregate) limit of
not less than Six Million Dollars ($6,000,000) for all damages 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 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.
_„� 2. Carry regular Contractor's Public Liability and Property Damage
�, Insurance as specified in 23 CFR 646A 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
Q injuries to or death of two or more persons in any one accident; and providing for
Ca a limit of not less than One Million Dollars ($1,000,000) for all damages to or
O 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 period. A certificate of
insurance providing proof of Contractor's Public Liability and Property Damage
Insurance containing a thirty (30) day advance written notice to the Railway in
the event of cancellation, nonrenewal or material change of policy, 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. Railway shall not be a named insured under the
above policy.
The Agency, or its contractor, subcontractors or agents, shall at its own
expense, obtain and maintain in force during the term of this Agreement the
following insurance.
(a) Business Automobile Policy Insurance, including owned, non-owned, and
hired vehicles with minimum limits for bodily injury and property damage of
One Million Dollars ($1,000,000) each occurrence, on all vehicles which the
Agency or any of its agents or employees may use at any time in connection
with the performance of this Agreement. Railway shall not be a named insured
in the above policy.
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(b) Worker's Compensation Insurance or coverage as required under the
"Worker's Compensation Act" of the State of Washington. The policy should
include occupational disease to required statutory limits, employer's liability of
One Million Dollars ($1,000,000) to include FELA, if appropriate, and an "all
states"endorsement. Railway shall not be a named insured in the above policy.
If the Agency, its contractor, subcontractors or agents, in the performance
of the work herein provided for 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
Agency in the event its contractor or the insurance carriers fail to repair or
restore the same.
For any work performed in the State of Washington, nothing in this
agreement is intended to be construed as a requirement for an indemnification
against the sole negligence of the Railway, its officers, employees or agents.
Moreover, for any work performed in the state of Washington, the contractor
shall specifically and expressly agree to indemnify 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 damages, including environmental
damage, hazardous materials damage, or penalties or fines that may be
assessed, caused by or resulting from the contractor's negligence, provided,
� however, if such loss, liability,damage, penalties or fines are caused by or result
�, form the concurrent negligence of (a) the Railway or the Railway's officers,
� employees or agents, and (b) the contractor or the contractor's employees,
p agents or subcontractors, such indemnity shall be valid and enforceable only to
� the extent of the negligence of the contractor or the contractor's employees,
�O agents or subcontractors.
� 7. 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 en�oyment 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.
8. The Grantee or its contractor(s) shall telephone Grantor`s Communication
Network Control Center at (800) 533-2891 (a 24 hour number) to determine if
fiber optic cable is buried anywhere on the premises; and if so, the Grantee or
its contractor(s) will contact the Telecommunications Company(ies) involved,
and make arrangements with the Telecommunications Company(ies) for
protection of the fiber optic cable prior to beginning any work on the premises.
9. 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 righcs or interest of others,
including the tenants and licensees of the Grantor.
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'I'O HAVE ANU 't'O HOL!) 't'HE SAMh�, 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 WI'I'NN:SS WfIf�:KH:OH', the said I�UNLING'I'ON NUN'I'I� h:ttN
KAILNOAU COM f'ANY has caused this instrum�ent to b� signed�by its authorized
officers, and the corporate seal affixed on the %/ da of_�__ _,
1995.
HUHLING7'ON NON'I'HH:KN
NAII.ROAI) C MI'ANY
KY
D. P. S eider
Manager Real Estate
t'� A,1„l'1�:5'I':
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0 La oice eier
t„� •sistant Secretary
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[iN 11198 REN'1'ON, WASHINGI'ON
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* . „ . , .
STATE OF TEXAS )
) ss.
COUNTY OF TARRANT )
On this /r � day of /"�Ct,� , 1995, before me, the
undersigned, a Notary Public in and for the State of Texas, duly commissioned and
sworn, personally appeared D. P. Schneider and LaVoice Meier, to me known to be
the Manager Real Estate, 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.
Witness my hand and official seal hereto affixed the day and year �rst above
written. .
�
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Notary Public i� and for the tate of Texas
Residing at: Fort Worth,Texas
� My appointment expires: December 20, 1996
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APPROVED
�PPROV�D ��J 7�7�,Q��
BN 11198 RENT0�1,WASHI�V'GTON
APPROVED
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