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KNOW ALL MEN BY THESE PRESENTS, that BURLINGTON NORTHERN RAILROAD PROPERTIES
INC. (formerly named Burlington Northern Inc. ) a Delaware corporation, of 3300
Continental Plaza, 777 Main Street, Fort Worth, Texas 76102, Grantor, for Five Hundred
and No/100 Dollars ($500.00) to it paid by the CITY OF RENTON, Grantee, and the promises
of the Grantor hereinafter specified, does hereby remise, release and quitclaim unto the
Grantee, subject to the terms and conditions hereinafter set forth, an EASEMENT for
construction and maintenance of water line and no other purpose, hereinafter called
Facility, and for no other purpose, over, upon and across the following described
premises, situated in King County, State of Washington, to-wit:
Burlington Northern Railroad Properties Inc. 's property located in
Section 30, Township 23 North, Range 5 East of the Willamette Meridian in the
City of Renton, King County, Washington; more particularly described as
follows:
Beginning at the South East corner of Tract A of the Replat of Lot 7,
Block 1, Burlington Northern Orillia lndustrial Park of Renton, Division I, a
duly recorded subdivision; thence North along East line of said subdivision 10
feet; thence East parallel with a prolongation of the South line of said
� subdivision 20 feet; thence South 10 feet parallel said East line; thence West
� along said prolongation of the South line 20 feet to the Point of Beginning.
o Aforementioned water line to be located in the center of the described
� easement in an East-West direction.
�
oRESERVING, however, unto the Grantor, its successors and assigns, the right to
� construct, maintain, use, operate, relocate, reconstruct and renew such tracks and
pp facilities as it may at any time, and from i;ime 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 Facility purposes. �,
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 Facility 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 Facility 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 Facility on said premises.
5. For any encumbrance or interest affecting the described premises as set forth
in Sections 2, 3, and 4 hereinabove, the Grantee agrees to assume all liability and
responsibility for the removal or satisfaction of the Grantor's obligations or
interests, whether in whole or in part, as may be involved.
6. Grantee shall and hereby releases and discharges Grantor of and from any and
all liability for damage to or destruction of the said facility, and any other property
of Grantee located on or near Grantor's premises; and shall and hereby assumes any and
all liability for injury to or death of any and all persons whomsoever, including
officers, employees and agents of the parties hereto, or loss of or damage to property
to whomsoever belonging, including property owned by, leased to or in the care, custody
EXCISE TAX NOT REGtUlRED
King Co. Records D��rision
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and control of the parties hereto, in any manner arising from or during the
construction, any reconstruction, use, maintenance, repair or removal of said facility,
however such injury, death, loss, damage or destruction aforesaid may occur or be
caused; and shall and hereby does indemnify and save harmless Grantor of and from any
and all claims, demands, suits, actions, damages, recoveries, judgments, costs or
expenses arising or growing out of or in connection with any such injury, death, loss,
damage or destruction aforesaid. Grantee further agrees to appear and defend in the
same of Grantor any suits or actions at law brought against it on account of any such
personal injuries, death or damage to property, and to pay and satisfy any final
judgment that may be rendered against the Grantor in any such suit or action. The
liability assumed by Grantee herein shall not be affected or diminished by the fact, if
it be a fact, that any such suit or action brought against Grantor may arise out of
negligence of Grantor its officers, agents, servants or employees, or be contributed
to by such negligence.
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 enjoyment of said Grantee, or of the public, in and to said premises, for any
purpose whatsoever, shall immediately cease and determine, 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.
� The Grantor does not warrant its title to said premises nor undertake to defend
0 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.
�
� The Grantee shall notify the Regional Chief Engineer of the Grantor at least
p�p five days prior to entering the Grantor's right-of-way.
The Grantee shall , or shall require its contractor ta, notify the Grantor's
Regional Chief Engineer a sufficient time in advance whenever the Grantee or its
contractor is about to perform work on or adjacent to Grantor's right-of-way and tracks
to enable Grantor to furnish flagging and such other protective service as might be
necessary and Grantee shall reimburse Grantor for the cost thereof.
, Grantee at Grantee's sole cost and expense, shall excavate for, construct,
reconstruct, maintain and repair the facility, placing the same in accordance with the
specifications provided in application dated July 16, 1985, heretofore approved by the
Grantor's Chief Engineer Region. 7he encasement for the pipeline will be jacked under
the Railroad Company's tracks as shown in detail on Exhibit "A". The contractor has the
option of jacking the encasement or installing the encasement and carrier pipe by open
cut methods at that certain Railroad Company spur crossing.
Grantee shall fill in the excavation, and restore the surface of the ground to
its previous condition su�ject to the approval of the Superintendent of the Division of
Railroad upon which the facility is located. Said Superintendent shall have the right
at any time when in his judgment it becomes necessary or advisable, to require any
material used in the work to be replaced with like material or with material of a more
permanent character; also to require additional work or change of location of said
facility as a matter of safety, or of appearance, or on account of additional tracks
being laid, change of grade thereof, construction of a building, or for any other reason
whether or not connected with the operation, maintenance, or improvement of the railway
of Grantor all of which shall be done at the expense of Grantee in the manner herein
provided.
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 Grantor has caused its corporate seal to be hereunto
affixed, an these presents to be executed by duly authorized officers this �3^-�
day o f� , �g�,
BURLINGTON NORTHERN RAILROAD PROPERTIES INC.
BY
Vlrr n��,,;
ATTEST:
B Y . —_
ssistant Secretary
ACCEPTED:
CITY OF RENTON
BY
Title: Mayor Pr tem
ATTEST:
B Y CD ��?�o��
� Title: City Clerk
�7+
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� STATE OF WASHINGTON )
� ) ss.
�, COUNTY OF KING )
� On this �`�- day of �-- , 1986, before me, the undersigned,
a Notary Public in and for the Stat f Washington duly commissioned and sworn,
erson lly appeared � E, ��o me known to be the
of City o Renton the corporation that executed the
fo egoing instrument an acknowledged the said instrument to be the free and voluntary
act and deed of said corporation, for the uses and purposes therein mentioned, and an
oath stated that they are authorized to execute the said instrument and that the seal
affixed is the corporated seal of said corporation.
Witness my hand and official seal hereto affixed the day and year first above
wri tten.
Nota y u i c i n and for the State of Wasf�i r�g�an
STATE OF TEXAS )
) ss.
COUNTY OF TARRANT )
On this � 3� day of ��, 1986, before me, the undersigned,
a Notary Public in and for the State of Texas duly commission d and sworn, personally
appeared �-(_ jJ, �,�,,,� and Q �. /�, , to me
known to be the +� ��reEn��dT an Assistant Secretary,
respectively, of Burlingtor� Northern Railroad Properties Inc. , 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 an oath stated that they are authorized to execute the said instrument
and that the seal affixed is the corporated seal of said Burlington Northern Properties
Inc.
Witness my hand and official seal hereto affixed the day and year first above
written.
�!�Y��.C!/N�� `^"'y�"-_ _
Notary Pu lic in and for the State of Texas
'""' M�dylen� Andrmve
��
BN 7683 �,��`�`�y No�i►y Pub11C $tete pf T�xe� -3-
ESMTS 7 '�,���,�v�;�� Cammiealon Explres 1-U4.8�
. . • . . . , ,
• � .� � • CONSTRUCTION OF PIPE LINES ON RAILWAY RIGHT OF WAY �
GENERAL REOUIREMENTS: P�pe Il�et under rellwsy trecks or �crost or �lonp rellwey rlpht ot way theli conform to current A�nerlcen Rellwa�
En�fneerinp Ascoclatlon Speclfic�tlons N confttuctad In th� United Stste� •nd �hell conform to current ropulatfans repnrdinp pipe line crossln�s unriar
railro:*d as �ssuE+d and�mended by iho Ooard oi 7rantport Commisstonars to� Canede IT constructed In Ca�ada or where Iaws or orders o1 Dublic authoi ity
prexribe a hlgher deyres o1 prolettion than specNled h�rsin,then the hipher deyree of protectlon�o�pecffied shall be adheied to.
Plans end cpeclficetlons for proposed inctelletlon shell bo �ubmltted to rsllwey dlvlclon �uperintendent end meet the approvel 01 �he r�iiway corr,pe.�y
beforo constructfon fs bepu�. Plens ahell ba drewn to acele �howlnp ths nlstfon oi the proposed pipe line, enple of crossinp,loceiion o1 velves, roilwn�
�urvey stetfon, ripht o1 weV line •nd penerel leyout oi trecki and rellway fecllltles. Plen fhould el�o thow e cross-section(or sections) from lield survey,
showinp plpe in r�lation to actuat proflle of ground end track�, complote descrlption of ineterial to be used, end locetion ot jeckinp and receivinp pits.
It open cuttinp or tun�eliny Is necassary,detelis of�heetinp and method of rupportinp treckc or drivinp tunnel thould be shown.
The execution ot the work on the railway riyht of way,Includlny the supportiny ot tracks,shall be subJect to the inspection and direction ot the Regionai
Mana9er En9ineeriny of the Railway Company,
Plpe Ilnes shell be Installed under trocka by bor{np or �acklnp H precticeble. Borl�g excavetion must not exceed the outside diameter of the pipe.Jack ing
or boring of corrupeted metal pipe,cast iron pipe or pipe wlth 1langes, belis or coupllnps will not be permitted.
Pipe lines shall be located, where practicable,to cross trncks at approximately right angles thereto but preterably at not less than 45 degrees and shall not
bcr placed within a culvert,under railway bridges or closer than 45 feet to any portfon oi any rallway bridge,building or other important structure,except
In special cases and than by special desfgn as approved by the Assistant Vlce Preside�t Enqineeriny ot the Ra{Iway Company.
Pipe lines laid lonyltudinally on railway ripht oi way shall be loeated as tar ae practicable lrom any tracks or other Important structincs. Pfpe i�net
carryiny flammable products or products under pressure located Withfn 25 leet o1 the ceMerline of any track or where there is d�nyer ol darnagc lioni
leakeye to any bridge, Dulldl�q or other Imporlant�iruelur�,thall be�ncased or o1 tpecfel desipn as approved by the Assistant Vfce Presidenl•Enyinccri��y
ot ihe Railway Company.
Pipe lines laid longitudinally on the raflway ripht of way, 50 fset o►less f►om tha centerli�e of track �halt be burisd not las�then 4'6"irom the prou�d
surlace t0 top of pipe.
Where pipe line is laid more than 50 teet lrom the centerline o1 track,minimum cover shall be 3 teet,
It additional tracks are eonstructed in the future, or Railway Company determfnes that roadbed chould be widened, the casing shall be extended
correspondinyly.
PIPE LINES CARRYlNG FLAMMABLE SUBSTANCES
This includes oil, gas; pasoline,petroleum producu or other flammable or hiphly volatile
substance under pressure.
APPROVED CASING PIPE: CASINC PIPE FOR E 72 LOADING
Steel or Cast Ir��for ell pressures.
ALL MINIMUM DIMENSIONS MEASURED NORMAL TO �,OF OUTSIDE TRACK WAl_l TNICKNESS FOft STEEI CASING PIPE
(MINIMUM VIELDSTRENGTH 35,OOOP.51.)
} VIPE COATED OR PIPE NOT DIAMETER Of
�5'Min. (Casing Pipe SealedQ I 25'Minimum (Casing Pipe sealed) CATNODICALLV COATED OR PICE
45'MiR (Casing Pipe Openl�0� rr'— 45'Minimum (Casinp Pipe open) PROTECTED CATHODICAI.LV INCHES
1.z � I MIN.TNICKNESS MIN.THICY.NE55
O N �Y INCHES INCHES
45' Q c..��entt to be et or outside R/W line o.�es o.�ee uNueH ia
I Minimum N p y �� 45'Mlnlmum o.7t9 0.2�2 14 AND 16
$tandard A.R.E.A.pi pe LL?Q y��� S t a n d a r d A.R.E.A.p i p e l i n e s i g n o.z 5 o o.3 t 2 t e
� I (ine sign 'O Q� 0.281 0 34a 20
,� 2.�{�J Toe o f s lope �p� Di tc h line�..�_ 3' 4' o.3t2 0.375 s2
� Z i M I N. {' MIN. o.34a 0406 2a
� 4'� I 0 375 O.S38 ?6
O � 0.406 0.469 28 AND 30
0.438 0 500 32
� , 4�6'�MIN. —� 0.469 0.531 34 AND 36
3'M�N. 5'6"MIN. 3'MIN. 0.500 0.563 35,40 AND 41
(� I�- ----------- --- - --- -- - - - _- _ --- - -� _- )
� SEAI ASING PIPE (See table for minimum wall thickness) SEAL
CARRIER PIPE TO MEET CURRENT A.R.E,A. SPECIFICATIONS
Inside diameter of casing pipe shall exceed outside diemetsr of r�rrier piNe by["for carrier LAST IRON PIPE:
piE,e less than R"diameter, 3'/."tor 8" to 16"cerrier pipe and 4Y,"for carrier pipe preater than Installation must be bv open trench. Pipe
16"diameter, sheil conform to American Standards Ass'n.
Specification A21 class 150 for 12" end under
PIPE LINES CARRYING NON-FLAMMABLE SUBSTANCES and c�ass 25o to� o�e� tz". Pive to have
This includes steam, water or any non-flammable substance whfch from its nature or mechanical joints or compression couplings.
pressure might cause damage ii escaping on or in the vicinity oF reilway property. Sewers REINFORCED CONCRETE PIPE:
and drains do not require casing pipe unless conditions exist which will endanger security of Pipe shall conforrn to current A.S.T.M.C-76
track,but should be of suHicient strenpth to withstand E•72 railway loadinp. table I V,wall "e".
APPROVED CASING PIPE: CORRUGATED METAL PIPE:
Steel or Cast Iron for all pressures. Pipe shall be galvanized, asbestos boncled
Rei�forced Concrete ar Corrugated Metal for pressures Iess than 100 P.S.I. and asphalt coated.
ALL MINIMUM OIMENSIONS MEASURED NORMAL TO 4,OF OUTSI�E 7RACK Gage oi Metal Diameter ot
IQ Y before galvanizi�g pipe
} Q I 1.5 D+ 12'� U.S.Std.gage (Inches)
�z� F�-�� 25'MIN. 14 18 and undttr
�~ 12 24, 30,and 36
N Z
y O Y Q I �0 42 and 48
W LLzU � . L�-3'MIN.
O O�� �� Z —
'� t�O F- I S
�
LL U
O ,� f..
w � � Where the ends of the casing are below ground
2' � 4'6" 5'6" D they shall be suitably protected against the en-
IN. MIN. MIN. �— trance of foreign material, but shall not be tightly
3'MIN. sealed.
— T - - - -___ -- - - _, —
CASiNG?i?E (.S�s ta�?s#.�::::r.i�r�um w�ii iit�cknaul
Where the snds of the casing are et or above ground surfece and above high water level they may be left open,provided drainege is aftorded
in such manner that leakape will be conducted away from railwey tracks or structures.
CARRIER PIPE TO MEET CURRENT A.R.E.A,SPECIFICATIONS
Inside diameter of casing pipe shall exceed outside diameter of carrier pipe, joints or couplings by 2" for carrier pipe less than 6" in
diameterand 4"for carrier pipe 6" in diameter end larger.
�.X I-I I � I T `'� „