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EASEMENT
The Grantor, BURLINGTON NORTHERN INC ., a Delaware corporation,
hereinafter called Railway Company, for and in consideration of
TWENTY-SIX THOUSAND AND NO/100 DOLLARS ($26,000.00) to it paid,
and the agreements�herein contained, does hereby grant to the CITY
� OF RENTON, hereinafter called City, the following easements upon
Q the premises in King County, State of Washington:
�7'
� A. For a longitudinal encroachment upon and along its
� . right 4£ way f�x� .k+:igh=.•ray .pl:.r�s��, t�ose areas
Q situated in the NE4SE� of Section 18, Township 23
.�. , North, Range 5 East, W.M., in the City of Renton,
� shown outlined in GREEN color on the Exhibit "A"
map dated July 9, 1973, revised August 14, 1973,
attached hereto and by this reference made a part
hereof .
B . For utilities, under, over and across those certain
areas situated in the NE�SE 4 of Section 18, Town-
ship 23 North, Range 5 East, W.M., in the City of
Renton, shown outlined in BROWN color on the Exhibit
"A" map dated July 9, 1973, revised August 14, 1973,
attached hereto and by this reference made a part
hereof.
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 inconsi.stent with the easement
hereby granted, including but not limited to, the right to construct,
maintain, repair, renew, reconstruct, replace and operate present
tracks and future tracks, communication, signal and electric power
lines, utilities 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 highway
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
In the event the construction, maintenance or existence of the �
highway adjacent to the tracks and on or adjacent to the right of
way of the Railway Company directl.y or indirectly resulting in the
de�os�.��ng .o�. m��t��l..on or near .theTtracks_ and ric�ht ,of way_ of
the Railway Company due to slides, falling"rock, weathering or wash-
ing of materials on the hillside and highway slopes, either above or
below the elevation of the highway, the City shall immediately upon
request of the Railway Company remove any such material or reimburse
the Railway Company for any and all cost and expense it may incur in
doing so.
zzz ._
The City agrees to provide, at its sole cost and expense, adequate
drainage of the Railway Company's property in connection with con-
. struction and maintenance of said highway, also agrees to reimburse
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EASEMENT (continued)
the Railway Company for any and all expense incurred by it by reason
�'of any failure of the City to provide such drainage� subject to 30 days
prior notice from the Railwa� Co.
IV
It is understood that the details of construction and maintenance
of said highway are covered by separate contract dated.��i�� y.�<:���,
1979�, between the Railway Company and the City, the terms o^� w�iich
are, by this reference, fully incorporated and made a part hereof .
V
`� _
" � In the event that said property shall at any time cease to be
a �used by the public for highway purposes, or shall by operation of Iaw
,� or otherwise become vacated or abandoned, the easement herein granted
� shall immediately cease and terminate without notice or other pro-
O� �ceedings on the paxt of the Railway Company, and the City, its suc-
� cessors or assigns, shall immediately reconvey said property to the
Railway Company.
IN WITNESS WHEREOF, the Railway Company has caused this in�tr�nent
� to be. executed by its, prop�er officers nd its corporate seal,.�p'���e'� ,
hereunto affixed this /�' da of � , 197�: -:'�,- � ` � �
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C ITY OF RENTON BURLINGTON NORTHERN���C�:� 1��"���., o �; ' .
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t -. �"�,. i ty �fi;e�k </�r� SEC�fTA�Y
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��'��TE�F.•��ESOTA )
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CourityEof'��Ramsey )
On this �
�ilr day of �������.c , 19�; before me personally
�
appeared Q. F. pEF�EL �d R �I, Q'KELLY ,
to me known to be Vice President and �— - Secretary of the
� ; corporation that executed the within and foregoing instrument and
I acknowledged 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 were authorized to execute the said
. .. instrument and that the seal affixed is the corporate seal of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
. official seal the day and year first above �aritten.
�, � .. :,. . ..
5 �'=',�a;c M. M. SMITH
2t � ,
���t NOTkRY PUBLiC- MIhNESOTA
� - `'�� RAMSEY COUNTY
• . • �; ._
My Comm. Expires Dec. 18, 1979 - C� •,
� � Notary Public in and for the State f
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4-3-74 I�
P'�R � !"IAGNER. II
PLEASE FIND ENCLOSED THE II
BUGGED YELLOl�I BOUND FASEMENT
WITH OFFICIALS SIGNATURES
PLUS A RECQRDED COPY THAT
WAS FILED WITH KING COUNTY
I RECORDS �EPARTMENT�
MARJORIE COCHRAN
i . , . . , . ' ' . „
I N T E R 0 F F I C E C 0 R R E 5 P 0 N D E N C E
- - - - - - - - -
Date Februarv 27. 1974
To: Del Mead, City Clerk
FRor�: Robert L. Bray, Project Engineer I
sus�cT: Burlington Northern Easement, S. 4th Street
Attached in duplica-�e is an easement from the Burlington Northern Railway to be
executed by the Mayor and also recorded. The easement documents have been re-
viewed and approved by the City Attorney and the Public Works Director, and no
revisions are required. The yellow-bound copy is to be returned to the Burlington
Northern at 820 Central Building, Seattle, Washington 98104, attention Fred S.
Wagner, Appraiser.
din fee to 301 .541 .33.63. 48
Please charge recor g ( )
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INTER-OFFICE MEMO
TO: � Honorabl.e Aver�r Garrett , Mayor DATE: 2/25/74
FROIYL: De�. Mead, City Clerk
RE: Easements - South 4th Street Project.
The attached document (s) have been approved by the City Attorney
and are now ready for execution. Please sign and return to the
City Clerk' s office for further processing.
Thank you, ��4�
� � �'�C�RS���'i
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INTEROFFTCE NiEMO
TO: Warren Gonnason �ATE: February 26, 1974
FROM�erard M. Shellan, City Attorney
SUBJECT: Easement from Burlington Northern Inc.
Dear Warren:
We have looked over the Easement Agreement that you furnished us
�sterdayand same is hereby approved as to legal form.
In addition, we would make the following comments which are similar
to the ones made in our Memo to you dated December 17, 1973 :
l. Re Paragraph I : Do you know what the interest of
third parties amounts to that is specified in the
last sentence of said Paragraph?
2. Have the 1ega1 descriptions been correctly checked out?
3. Re Paragraph III : We would suggest that some provision
for "prior notice" be made before the Railway can charge
the City.
- 4. Re Paragraph V: Again, we wouZd recommend some form
of prior written notice unto the City before a vacation
or abandonment becomes effective and the matter .reverts
to the Railroad.
If we can be of any further help to yo in this matter, please advise.
We remain
,
.
rd M. Shell n
C' ty Attorney ��� .� ��3�5� ,,
GMS:nd ��,�� � ,� ��g'�
� 14AA�19 c�
� RE��1V ED �
� C�TY of REN�ON �
`�C'��,CLERK'S 9�FIC�,4��'
��p�618�l.�'�'y�
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� BURLINGTON NORTHERN
�
820 Central Building
INDUSTRIAL DEVELOPMENT AND Seattle, Washington 98104
PROPERTY MANAGEMENT DEPARTMENT Telephone (206) 624-1900 ,
Mr. Warren C. Gonnason, P.E. February 22, 1974
Public Works Director
The City of Renton �` -- - —�.
Municipal Building � � � � � �
,� 200 Mill Avenue So. D
Renton, Washington 98055
� '�J ��-� �� 1��4
Attention: Mr. Marvin E. Hamm
Pro j ect Engineer ��?�-��fY Gi�;:.:� C��PT.
(�'_�10r. R�i�TON
�'� Gentlemen:
�, � "` Please find enclosed two executed copies of easement
,� da te d Fe bruary Z 5, 1 9 7 4, c o n c e r n i n g t h e i m p r o v e m e n t
of South 4th Street at Burnett Avenue South abutting
the Burlington Northern Station at Renton, Washington.
As ou know this easement corresponds with the Con-
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struction and Maintenance Agreement dated January l6,
1974. Therefore, after your review and execution,
please return the YELLOW-bound copy to me along with
the City's check in the amount of $26,000.00, which
latter sum is for the easement consideration. Also,
it would be appreciated if you would furnish me with
the recording data of said easement which includes
date, auditor's recording nunnber, book and page, etc.
Your cooperation in. conciuding this matter is appre-
ciated.
Sincerely yours,
J. J. Gordon
Manager of Property Management
By: �
E'red . Wagner
Appraiser �2�45
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Enclosure: �� �
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i ��, RE�E�v� �
REN�ON e,
File: RE-182 Renton, Washington �c����L RK�S OrFlCE��
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