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Home My WebLink AboutE 9808101444 , . , ��. � . . ,.�_ '�=, „ .� � �- �.: w r� <<; � r..� WHEN RECORDED MAIL TO: � � � City of Renton �� 200 Mill Avenue South �4 Renton, WA 98055 �` � �. .� ,.n �-� �-� —.5 �.� � :j� EASEMENT .�, � KNOW ALL MEN BY THESE PRESENTS, that THE BURLINGTON �' �"' NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, whose "� address for purposes of this instrument is 2650 Lou Menk Drive, Ft. Worth, TX 76131, Grantor, 4 �,r.� for Ten No/100 Dollars ($10.00) to it paid by the CITY OF RENTON, a municipal corporation � of the State of Washington, Grantee, and the promises of the Grantee hereinafter specified, does � hereby remise, release and quitclaim unto the Grantee, subj ect to the terms and conditions � hereinafter set forth, an EASEMENT to construct, maintain, widen and improve the public grade crossing at Railroad Mile Post 5.67, hereinafter called highway, over, upon and across the following described premises, situated in King County, State of Washington, to-wit: That part of Government Lot 2 in Section 32, Township 24 North, Range 5 East of the Willamette Meridian, City of Renton, King County, Washington, being more particularly shown cross hatch on Exhibit "A", consisting of one (1) page, attached hereto and made a part hereof. Assessor's Property T� Parcel Account Number(s): No tax serial numbers - Railroad right of way. i;:v < . . . .�,,,,,�-y, �.,,,� 7'r 1�it'ci r S t CS' L..._ s.., � _, . � . .....- .. � ��..e� FR_. • .. ::i ,f y.... \ a� w� ,_� W"_ ' ... �s�,�J»it� � 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, pipelines, utility lines, track and facilities 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 highway, 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, and further reserving the right and privilege to use said land for any and all purposes not inconsistent with the use thereof for said highway purposes. The foregoing easement is made subject to and upon the following express conditions: � l. To existing interests in the above-described premises to whomsoever belonging and of d' 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. � O � 2. Any and all cuts and fills, excavations or embankments necessary in the construction, � maintenance, or future alteration of said highway shall be made and maintained in such � manner, form and extent as will provide adequate drainage of and from the adjoining 0� � lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-e�sting 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 highway 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 highway on said premises. 2 5. This instrument is granted according to the terms and conditions of that certain Letter Agreement between the Grantor and the Grantee accepted by Grantee on September 25, 1997 and signed by Grantor on October 16, 1997, and made subject to the terms and conditions contained therein. 6. If during the construction or subsequent maintenance of said highway, soils or other materials considered to be environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils. Grantee shall indemnify, protect and defend the Grantor from any and all liability, claims or demands, if any, which arise as a result of exposure and/or removal of said contaminated soils or materials. Determination of soils contamination and applicable disposal procedures thereof, will be made only by an agency having the capacity and authority to make such a determination. 7. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and abate any and all hazard of fire. �d' � 8. The Grantee or its contractor(s) shall telephone Grantor's Communication Network � Control Center at (S00) 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. CT: 9. Grantee, in its acceptance hereof, hereby agrees to indemnify and save harmless said Grantor, from and against all lawful claims, demands, judgments, losses, costs and expenses, for injury to or death of the person or loss or damage to the property of any person or persons whomever, including the parties hereto, in any manner arising from or growing out of the acts of omissions, negligent or otherwise of Grantee, its successors, assigns, licensees and invitees or any person whomsoever, in connection with the entry upon, occupation or use of the said premises herein described, including but not limited to that of the location, construction, operation, restoration, repair, renewal, or maintenance of said sewer line upon the herein described premises or otherwise. 3 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 Insurance, Title 51 RCW, and acknowledges that this waiver was mutually 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 d' agreement, 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 d' � the Grantor, the Grantor agrees to reimburse the Grantee in the same percentage for Othe costs involved in defending the suit. � Nothin in this indemnit rovision shall be construed to re uire Grantee to indemni Q g Y P q fY GO Grantor against any claims for which indemnity by Grantee is precluded by law. � 10. 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 Crrantor, 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. 11. 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. 4 12. This easement shall be binding upon and inure to the benefit of the heirs, executors, administrators, assigns and successors of Grantor and Grantee. 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 THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY has caused this instrument to be signed by its authorized officer, and the corporate seal affixed on the f5� day of �� , 1998. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY d' COMPANY 'a' �' e-� � ��,.,��,, By. ��- 'r"� <W' �e,�� F'�ND S,g""•, E. R. Spangler � ` �'-�`� ,��t�� '�'�"- Director Contracts C7 `-`'� <.-� ' 'q,4 j,'• �- GD ,• � . ,� �� -� - 0� : y : : ;�_� � ��_ y �''� '`�� ;T ATTEST: � .: Jf�4�} ,PJ�.��''�� •'� �o�� B E.�iGi�-C/C. �.��--i�^"�- J . ... `^� 7f��'....,f��'�`��`,�' y� .� �P c e,,,a�° M rgare . Aclin A sistant Secretary BNSF 00766 Renton, WA 5 STATE OF TEXAS ) ) ss. COUNTY OF TARRANT ) On this�'�U/ day of , 1998, before me, the undersigned, a Notary Public in and for the State of Tex , du commissioned and sworn, personally appeared E. R. Spangler and Margaret R. Aclin, to me known to be the Director Contracts, and Assistant Secretary, respectively, of The Burlington Northern and Santa Fe Railway 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 first above written. d, DOF�P.LODICB � � ,_ yry�pcas�s otary Public in and the State of Texas '�= ' JatN�e�►'7,�")('n7 � ��N ,r.� Residing at: �.�/ Q� �x O '"'� My appointment expires: ��7�� C7 GCJ 0� FORM APPROVED BY LAW BNSF 00766 Renton, WA 6 , 4, EXHIBIT " A " �' �� ,��aG � �o � `�, ,� o �,� � � � �y � � � / / / �� / �� , �� /j/y�j� hC $ec. 32 ,� 3O' � T2y�N, R�'E � � � � �� S� s�S� � SB � � i �,�' C D. f�i//�ns , � a Ld�� aT�ii�fon � � �� o�,�d�� ,;.,�,o o. o � � � /�'Sovf�i /.i�e/Ll�Y%s� AT: RENTON, DESCRIPTION KING COUNTY, � =Roadway Easement. WASHINGTON