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HomeMy WebLinkAboutE 7403150406 . ' s �' , . `.� ' -f - . • • ` .. '�4� .i[ • .• ' • • f ' - , . y �, _ . ' . . - . I 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 � . t '+'' � /X ;G I/ r_ s � . r , - • .� ' �1 �. . � a '�� i � � , c . , �. .,�� . 1 I + � .� . .�, j F .. r � � " � . � � � � c ��+ ,. . � _ • � .� r ' , . � ` � � , , . ' . ' , , „ • , ' . t I - . �- .� .. ' . . . . .. ` � . 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�: -:'�,- � ` � � L_ Y ��v Id 0'��;.��',.� r . .�r.rr • .` i'r a,i�" O: `",,',r �.. a��:..�r,:�'�, e. . � .�: ..� :'• , �.Q � �y ; . C ITY OF RENTON BURLINGTON NORTHERN���C�:� 1��"���., o �; ' . �. „, � .;; . � �,,, ,.... � . . � /�.,'�' ''.� r�^, , " r-_ . z' ,.By.t.�'���1 '' By �:"�- ...��:� ``�..� � a �' "= �` YlCE (� • ���.�:��� � •�'f� •� x `� '� ���:ib� ��,�r'�,<,$,?•� - ;j j�tte s� - " �g• %���, Atte st• ,.���d� ���� t -. �"�,. i ty �fi;e�k </�r� SEC�fTA�Y _• , �, ,. ��'��TE�F.•��ESOTA ) 'p ss. 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 ,,/���i-~ , residing at e -2- f# � ' :- , . . . _ � � ,—�`�w ��'13����k/ ��.. _ . . . - . rM.rr�.�.'✓�t,r+..wy.+w.�.T{w - . . - - � 4 ,����ar�i.i4�4r':.*rb i � j� _ _ . _ . . . {� . - . . . . . . . . . . . . . . . . . . ' �.. 3�7� ���? �� �M I � 47' � � � � � ���t�C�`4Ft ""� �tcCt��i�� &. ��..�C`�'itSN�` *..^! . �lt�x� Gc:�.'sJ'�TY, r'�1�t�.�H. . � ,^� . C.� . . �� I � i`�"'f 4 � .�' - - .� . . _ . : _ ' � ' �`'" .. . , , i � ' £r'i - : . : . . . . . � . i L:� ' . • . I (:a . � `�`.. -- . . ci\ - . . . ' ' . . r�+{ I � i � . . _ . . . . . . . �� � _ ' ' ' ' ' _ ' " . . . . _ . . ' _ ' . . . . . . . . . . _ . . - i . . . . . _ . . . . . . ! . � l J � � � ~� . � ' �,` 'f -�. s 3.� - _ _ " ' . ._ � _ " _ ' � ._" _ . f �• S`� " ~ " ' . . . . . . . . . . . . . . . .. . . . _ '1� ' ' � c.s • . . . ' , � � � � . , � ` '� . , ` ,.,. ` `' " - ' " . " " ' " " . . . . . . . . . . . . . . . . . . . . _ . i � � y ,I .. ( i_ .. . . . . . . • `i. FlLED f t � . . � ;, . . or Re���d �t ���(�es� �� Y �¢w�� ��' ;���";�� �� ���#��* ��t ��.: 3 . �;�� �. , � , . �.,,�,���'��t�Mv�c���R� . �, . . i '�'���ia�,��' �'�` , ...,:�,,.�,4, . - � . � J � L � � - . � . . . . . , . ♦ ' w � ' � . � � , � . • - •� � � � �- •� - * � ` , . � . < .. " } � ` ' � � �• ' . ✓- � �.; , 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 ( ) j . � � `�,� ,�, � �;���� �� �� � �� S. w� ����� �'� � �� � �,1� ���� �� J'L4"�-� � .�' ����, ����� L'� . RLB:mj � � � �� pi2o,JcGT ��.iG �.�G�2 Attach. L�� , � �`������� . � �� � ��. �:� -�ik G � 1°� .,�.� �`�.'., ���'�� � �: � �,F,���o�' �� �� ��°�`�s°``�G�`� ����G G��� ������ ���L�OZ�i, + . _ • � � - . , . w . ' " ' � .. . , 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 �� C����� ���;d,a,�M AR 4 �� M,q��� � , - � _,�- . � � � � , ., 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� _ I , . . " , • ' � 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- Y . 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 �.� � �`, I F SW/fm �L�� � <�'� f ,�19�4 `g \, �,3�.E;:i Enclosure: �� � �, i ��, RE�E�v� � REN�ON e, File: RE-182 Renton, Washington �c����L RK�S OrFlCE�� �������!8��.����`. r ' � • � t � } . , ' a � ' t ° � � � t . ♦ ^ ' \ • � r � ` i 4 ^ l /