HomeMy WebLinkAboutE 9310181141 � l�%}kEN RECORDED RENRN TO: �
� ' ' Office of the city clerk r � '�� '
Renton hiur�icipal Building 4
200 Mill Avenue South
Kenton,WA 980>5
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that BURI.INGTON
NORTHERN RAII,ROAD COMPANY (formerly named Burlington Northern
Inc.), a Delaware corporation, whose address for purposes of this instrument is 3300
Continental Plaza, 777 Main Street, Fort Worth, TX 76102-5384, Grantor, for
Thirty-Eight Thousand Three Hundred and no/100 Dollars ($38,300.00) to it paid by
CITY OF RENTON, a municipal corporation of King County,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 EASEMENT to construct and thereafter to maintain, repair, replace,
remove and operate as a public roadway, two at grade road crossings where
designated Boeing Aceress Road crosses Grantor's track(s) and right-of-way at
Railroad M.P. 3.90 & 3.93, hereinafter called roadway, over, upon and across the
following described premises,situated in King County, State of Washington, to-wit:
Three(3) parcels of Burlin�on Northern Railroad Company right-of-
way, situated in Gov't. Lot 1, ec. 8, T23N, R5E, W.M., identified and
T1�W— described as Parcels A, B & C on Exhibit "A" and located as shown on
Exhibit "C", both exhibits attached hereto and by this reference made a
part hereof.
TEMPORARY EASEMENT GRANT
For an additional consideration of$13,700.00, Easement hereby granted shall
-- include a TEMPOR.ARY EASEMENT for ingress and egress of equipment and
`�' personnel for CONSTRUCTION PURPOSES only. Said Temporary Easement
consists of those portions of Grantors right of way situated in Godt Lot 1, Section 8,
op T23N, R5E, identified as parcels D & E, described on Exhibit "B" and shown on said
� Exhibit"C", both exhibits being attached hereto and being a part hereof. Temporary
Easement herein granted shall expire two (2) years after the date of this instrument
(� or at such earlier time as construction has been completed across lands of the
CJ� Grantor.
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.
�93-a 13?
Q�.�-� �a3/o���i�.��, 9�.�. ��-�(
1
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
construction, maintenance, or future alteration of said roadway 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.
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.
O 5. This instrument is granted according the the terms and conditions of that
� certain Agreement between the Grantor and the Grantee dated July 20, 1993
� and made subject to the terms and conditions contained therein.
6. 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.
7. 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.
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IN WITNESS WHEREOF, the said BURLINGTON NORTHERN
RAILROAD COMPANY has caused this instrument to be signed by its authorized
officers, and the corporate seal affixed on the .;t�� day of��.,,,�.� ,
19��.
ACCEPTED:
BURLINGTON NOR'I'HERN
CIT�� RENTON RAILROAD COMPANY
, •
BY C ' \ '' � _.: gy • .
� �
� \Mayor I chnei er,Director
_�, Title Services& Field Support
ATTE ST: , �,
BY BY i� ;, �{ � �i � .
Title lerk D� . 'E j/ i ti F�4c'r F�`'�
_��-s s,s r�_�Secretary
�+c�c2t� �J. l� As�c,�FZ-
STATF. OF TEXAS )
�. )ss.
_. COUNTY OF TARRANT )
00
0 On this �7�` day of � ' ���. , 19��, before me, the undersigned, a
_ Notary Public in and for the S ta te f Texas,du ly commissione d an d sworn,persona l ly
� appeared D. P. Schneider and � G�.��,,._ , to me known to be the
Director, Title Services & Field Su 'ort, and � "� Secretary, respectively, of
Burlington Northern Railroad Company, the rporation 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. .
'2.x.t- c.lc���.C_��i�d-'�:2._,-,
Notary Pu ic� an or t e tate o Texas
Residing at: Fort Worth,Texas
My appointment expires: December 20, 1996
.. ... .. .�_t...�. �,
: �° .
� �.. . �
File: BN 10615- Renton,WA
��3-oi37
3
� EXHIBIT A
PERMANENT ROADWAY AND UTILITY EASEMENT
Parcel A
All existing right-of-way information is taken from a Lake Washington Boulevard Deed dated December 28,
1914, as recorded under King �o�uiey AF#975523, and the Washingir,n State Department of Transportation
North Renton Interchange Right-of-Way sheet dated Apri127, 1965.
A portion of Section 8, Township 23 North, Range 5 East,W.M., situated in King County,Washington
described as follows:
Beginning at a point opposite and 30 feet left of the centerline station 34+28.35 of Lake Washington Blvd.,
being a point on a curve to the right,with a radius of 102.00 feet, whose center bears N79°8'12"E;
Thence northeasterly along said curve 108.70 feet;
Thence N50°12'E a distance of 130.44 feet to the beguming of a curve to the left with a radius of 378.00
feet;
Thence northeasterly along said curve 64.42 feet to an intersection with the westerly right-of-way margin of
Lake Washington Blvd. at a point opposite and 30 feet left of station 37+24.37;
Thence southwesterly along said right-of-way margin to the point of beginning.
.._. Parcel B
�
All existing right-of-way information is taken from a Quitclaim Deed For Street Purposes For Houser Way
�O North, dated July 14, 1965 and recorded under King County AF#5928976.
O
� A portion of Section 8, Township 23 North, Range 5 East,W.M., situated in King Counry,Washington
� described as follows:
Beginning at a point opposite and 30 feet left of the centerline station 27+28.01 of Houser Way, being a
point on a curve to the left, with a radius of 100.00 feet, whose center bears S56°24'6"W;
Thence northwesterly along said curve 90.72 feet to a point on a non-tangent curve to the right with a radius
of 1597.40 feet, whose center bears N75°16'8"E;
Thence along said curve 107.92 feet to an intersection with the easterly right-of-way margin of Lake
Washington Blvd., being a point on a non-tangent curve to the left with a radius of 1544.7 feet, whose center
bears N68°47'02"W;
Thence along said curve and right-of-way margin 21.96 feet to a point on a non-tangent curve to the right
with a radius of 100.00 feet, whose center bears S63°52'O1"W;
Thence along said curve 23.30 feet to the beginning of a reverse curve to the left with a radius of 1582.40
feet;
Thence along said curve 69.89 feet to a point on a non-tangent curve to the right with a radius of 136.00
feet, whose center bears S6°6'31"W;
Thence along said curve 69.53 feet to an intersection with the westerly right-of-way margin of Houser Way
at a point opposite and 30 feet left of station 27+83.93;
Thence southeasterly along said right-of-way margin to the point of beginning.
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I of 2 BN 10615
P�
� ,
-. EXHIBIT A
PERMANENT ROADWAY AND UTILITY EASEMENT
�
i.
Parcel C
AlI existing right-of-way information is taken from a Quitciaim Deed For Street Purposes For Houser
Way North, dated July 14, 1965 and recorded under King County AF#5928976.
A portion of Section 8, Township 23 No�th, Range 5 East, W.M., situated in King County,
Washington described as follows:
Beginning at a point opposite and 30 feet left of the centerline station 26+40.79 of Houser Way,
being a point on a curve to the right, with a radius of 202.00 feet, whose center bears
N79°51'S7"W;
Thence along said curve an arc distance of 33.00 feet;
Thence S 18°42'29"W a distance of 62.50 feet to the beginning of a tangent curve to the left with a
radius of 28.00 feet;
Thence southwesterly along said curve an arc distance of 18.94 feet;
Thence S71°57'13"W a distance of4.24 feet;
Thence N17°49'23"W a distance of 46.24 feet;
'� Thence N18°42B a dista*:ce of R�.4? f�et to t:�e�egi::.:ng oi a curve tc� tne ieit with a radius ot
104.00 feet;
� Thence along said curve 16.06 feet to an intersection with the westerly right-of-way margin of
� Houser Way at a point opposite and 30 feet left of station 26+64.88;
� Thence southeasterly along said margin 28.90 feet to the point of beginning.
� Except a 10' wide strip lying 5' on each side of the centerline of the Burlington Northern Railroad
tracks.
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EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT
Parcel D
For Lake Washington Boulevard:
All existing right of way information taken from Lake Washington Boulevard Deed dated December 28, 1914,
King County Assessment files, and Washington State Department of Transportation North Renton Interchange
Right of Way sheet dated Apri127, 1965.
That portion of the Northwest quarter of Section 8, Township 23 North, Range 5 East, W.M. lying northwesterly
of, and contiguous to the above referenced permanent roadway and utility easement as described in extubit A and
adjacent to a portion of the westerly right of way line of Lake Washington Boulevard. Said parcel is more
particularly described as follows:
Beginning at a point opposite Highway Engineer's station 33+73.11 and 65 feet northwesterly therefrom;
Thence northwesterly in a straight line to a point opposite Highway Engineer's Station 33+73.11 and 70 feet
northwesterly therefrom;
Thence northeasterly in a straight line to a point opposite Highway Engineer's Station 34+02.99 and 67.47 feet
northwesterly therefrom;
Thence northeasterly along a uniform curve to the right with a radius of 58 feet to a point opposite Highway
Engineer's Station 34+30.24 and 59.64 feet northwesterly therefrom;
Thence northwesterly along a uniform curve to the left with a radius of 19 feet to a point opposite Highway
". Engineer's Station 34+55.76 and 60.81 feet northwesr_erly therefram;
�- Thence northeasterly along a uniform curve to the right with a radius 107 feet to a point opposite Highway
-'- Engineer's Station 35+28.13 and 74.92 feet northwesterlly therefrom;
� Thence northeasterly in a straight line to a point opposite Highway Engineer's Station 36+70.00 and 58.00 feet
northwesterly therefrom;
O Thence northeasterly in a straight line to a point opposite Highway Engineer's Station 37+86.2'7 and 49.00 feet
� northwesterly therefrom;
Q'� Thence southeasterly in a straight line to a point opposite Highway Engineer's Station 37+86.27 and 35 feet
northwesterly therefrom;
Thence northeasterly along a uniform curve to the left with a radius of 1479.57 to a point opposite Highway
Engineer's Station 40+33.00 and 35 feet northwesterly therefrom;
T'hence southeasterly in a straight line to a point opposite Highway Engineer's Station 40+33.00 and 30 feet
northwesterly therefrom;
Thence southwesterly along a uniform curve to the right with a radius of 1484.57 to a point opposite Highway
Engineer's Station 37+24.35 and 30 feet northwesterly therefrom;
Thence southwesterly along a uniform curve to the right with a radius of 383 feet to a point opposite Highway
Engineer's Station 36+59.68 and 42.35 feet northwesteriy therefrom;
Thence southwesterly in a straight line to a point opposite Highway Engineer's Station 35+27.25 and 69.99 feet
northwesterly therefrom;
Thence southwesterly along a uniform curve to the left with a radius of 102 feet to a point opposite Highway
Engineer's Station 34+55.76 and 55.81 feet northwesterly therefrom;
Thence southwesterly along a uniform curve to the right with a radius of 24 feet to a point oposite Highway
Engineer's Station 34+30.24 and 54.64 feet northwesteriy therefrom;
Thence southwesterly along a uniform curve to the left with a radius of 63 feet to a point opposite Highway
Engineer's Station 34+02.99 and 62.47 feet northwesterly therefrom;
Thence southwesterly in a straight line to a point opposite Highway Engineer's Station 33+73.11 and 65 feet
northwesterly therefrom and the true point of beginning.
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lof3 BN10615
�
. ' EXHIBIT B
(Cont.)
TEMPORARY CONSTRUCTION EASEMENT
Parcel E
For Houser Way North
All existing right of way information taken from a Quit Claim Deed For Street Purposes For Houser Way North
dated July 14, 1965.
That portion of Government Lot 1, Section 8, Township 23 North, Range 5 East, W.M. lying westerly of the
westerly right of way line of Houser Way North, and bounded by the following described line:
Section A
Beginning at a point opposite Highway Engineer's Station 27+83.93 and 30 feet southwesterly therefrom;
Thence northwesterly along a uniform curve to the left with a radius of 136 feet to a point opposite Highway
Engineer's Station 28+13.33 and 90.90 feet southwesterly therefrom;
Thence northwesterly in a straight line to a point opposite Highway Engineer's Station 28+94.16 and 95.09 feet
southwesterly therefrom;
Thence northwesterly along a uniform curve to the left with a radius of 100 feet to a point opposite Highway
Engineer's Station 29+19.95 and 98.68 feet southwesterly therefrom;
Theace northeasteriy along a uniform curve to the left with a radius of 1544.70 feet to a point opposite Highway
Engineer's Station 30+29.00�..-�3 3�fe:t:,auch�veste:ly th�refr�m;
T'hence southeasterly along a uniform curve to the right with a radius of 90 feet to a point opposite Highway
� Engineer's Station 29+61.38 and 30 feet southwesterly therefrom;
Thence southeasterly in a straight line to a point opposite Highway Engineer's Station 28+57.44 and 30 feet
�3' southwesterly therefrom;
QThence southeasterly along a uniform curve to the left with a radius of 90 feet to a point opposite Highway
Engineer's Station 28+42.05 and 30 feet southwesterly therefrom;
� 1'hence southeasterly in a straight line to a point opposite Highway Engineer's Station 27+83.93 and 30 feet
� southwesterly therefrom, and the true point of beginning.
Section B
Beginning at a point opposite Highway Engineer's Station 26+32.13 and 109.14 feet southwesterly therefrom;
Thence northwesterly in a straight line to a point opposite Highway Engineer's Station 27+78.53 and 100.25 feet
southwesterly therefrom;
Thence southeasterly along a uniform curve to the right with a radius of 100 feet to a point opposite Highway
E:�g:n�r's station 2'+2$.23 a�n3 3C saut'�:yest�:l�tLeTe,':o�;
Thence southeasterly along a uniform curve to the left with a radius of 140 feet to a point opposite Highway
Engineer's Station 26+64.30 and 30 feet southwesterly therefrom;
Thence southwesterly along a uniform curve to the right with a radius of 104 feet to a point opposite Highway
Engineer's Station 26+56.87 and 40.87 feet southwesterly therefrom;
Thence southwesterly in a straight line to a point opposite Highway Engineer's Station 26+32.13 and 109.14 feet
southwesterly therefrom, and the true point of beginning.
� 93- Di3� ���
2 of 3
-'� EXHIBIT B
(Cont.)
TEMPORARY CONSTRUCTION EASEMENT
Parcel E
For Houser Way North
Section C
Beginning at a point opposite Highway Engineer's Station 26+12.46 and 132.29 feet southwesterly therefrom;
Thence northwesterly along a uniform curve to the right with a radius of 28 feet to a point opposite Highway
Engineer's Station 26+17.17 and 117.42 feet southwesterly therefrom;
Thence northeasterly in a straight line to a point opposite Highway Engineer's Station 26+29.03 and 58.59 feet
southwesterly therefrom;
Thence northeasterly along a uniform curve to the left with a radius of 202 feet opposite Highway Engineer's
Station 26+40.79 and 30 feet southwesterly therefrom;
Thence southeasterly along a uniform curve to the left with a radius of 140 feet opposite Highway Engineer's
Station 26+01.92 and 30 feet southwesterly therefrom;
Thence southwesterly in a straight line to a point opposite Highway Engineer's Station 26+17.'77 and 85.02 feet
—• southwesterly therefrom;
'�' Thence ra::tu�reste:ly in a s:raight tine to a point opposite Highway Engineer's Station 26+20.96 and 93.18 feet
� southwesterly therefrom;
� Thence southeasterly in a straight line to a point opposite Highway Engineer's Station 26+06.16 and 114.90 feet
� southwesterly therefrom;
.,_ Thence southwesterly in a straight line to a point opposite Highway Engineer's Station 26+12.46 and 132.29 feet
�M southwesterly therefrom and the true point of beginning.
Described Sections A, B, and C do not include the railroad track area defined as 10 feet each side of the centerline
of the track.
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