HomeMy WebLinkAboutE 8808240395 , � s
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EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that BURLINGTON NORTHERN RAILROAD PROPERTIES,
INC. , a Delaware corporation, of 1011 Western Avenue, Suite 700, Seattle, Washington
� 98104, Grantor, for One Thousand and No/100 Dollars ($1,000.00) to it paid by BOEING
ELECTRONICS, a division of The Boeing Company (hereinafter called Boeing) and the CITY
� OF RENTON, Grantees, and the promises of the Grantees hereinafter specified, does hereby
remise, release and quitclaim unto the Grantees, subject to the terms and conditions
� hereinafter set forth, an EASEMENT for installation of underground water pipeline,
� 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:
� That portion of Burlington Northern Railroad Company' s right-of-way lying
� adjacent to Lot 5 of Block 5 of Burlington Northern Industrial Park, Renton
Q II , according to the Plat thereof, as filed in Volume III of Plats, Page 44,
� records of King County, Washington more particularly described as follows:
� A strip of land, 15.00 feet in width, lying 5.00 feet Westerly and 10.00
feet Easterly of the following described centerline:
Commencing at the Southwest corner of Tract "A" of said plat;
Thence S 87°31'03" E al ong the South 1 i ne of sai d tract, a di stance of
479.60 feet;
Thence N 03°20'03" E, 25.14 to the North line of said Tract "A" and the
True Point of Beginning;
Thence continuing N 03°20'03" E a distance of 20.00 feet to the South
line of Lot 5 of said Block 5, and the terminus of said easement.
Said parcel lies wholly within the Southeast Quarter of Section 25,
Township 23 North, Range 4 East, W.M. , in King County, Washington, as shown
colored red on attached Exhibit "A" which by this reference is made a part
hereto.
RESERVING, however, unto the Grantor, its successors and assigns, the right to
construct, maintain, use, operate, relocate, reconstruct and renew such tracts 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 Facility purposes.
The foregoing easement is made subject to and upon the following express
conditions:
1. The City of Renton hereby agrees that, in the event that Boeing through
matters of future circumstances, surrenders or cancels its leasehold interests of
adjacent properties, then the terms and conditions herein stated shall become the sole
responsibility of the City.
2. 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, if any.
3. Boeing shall insure 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 Grantees 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.
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� 4. Boeing 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.
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� 5. Boeing 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
"O Facility on said premises.
6. For any encumbrance or interest affecting the described premises as set forth
in Sections 2, 3, and 4 hereinabove, the Boeing Electronics Company 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.
7. For so long as this easement shall survive, all contracts between Boeing
and its contractor, for either the construction herein provided for or maintenance work
on the easement area described herein or shown on the exhibit attached hereto, shall
require the contractor to protect and hold harmless the Grantor and any other railroad
company occupying or using the Grantor's right-of-way or line of railroad against all
loss, liability and damage arising from activities of the contractor, its forces or any
of its subcontractors or agents; and shall further provide that the contractor shall :
A. Furnish to the Grantor a railroad protective liability policy in the form
provided by FHPM 6-6-2-2, or as such form may be hereafter amended or supplanted, and
any other pertinent instructions issued by the Federal Highway Administration,
Department of Transportation. The combined single limit of said policy shall not be
less than Two Million Dollars ($2,000,000.00) for all damages arising out of bodily
injuries to or death of any person or persons and for all damages arising out of bodily
injuries to or death of any person or persons and for all damages arising out of loss or
destruction of or injury or dama e to property in any one occurrence, and, subject to
that limit a total (or aggregate� limit of not less than Six Million Dollars
. ($6,000,000.00) , for all damages arising out of bodily injuries to or death of any
person or persons and for all damages arising out of or loss or destruction of or injury
or damage to property during the policy period. Said insurance policy executed by a
corporation qualified to write the same in the State in which the work is to be
performed, shall be in the form and substance satisfactory to the Grantor and shall be
delivered to and approved by the Grantor's Regional Chief Engineer prior to the entry
upon or use of its property by the contractor. This being a potentially perpetual
easement, Grantor reserves the right to require higher limits of insurance in the future
as may be commercially reasonable at the time.
B, Carry regular Contractor's Public Liability and Property Damage Insurance as
specified in FHPM 6-6-2-2, or as such form may be hereafter supplanted or amended, and
any other pertinent instructions issued by the Federal Highway Administration,
Department of Transportation, providing for a limit of not less than Five Hundred
Thousand Dollars ($500,000.00) for all damages arising out of the bodily injuries to or
death of one person, and, subject to that limit for each person, a total limit of not
less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily
injuries to or death of two or more persons in any one accident; and providing for a
limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages to or
destruction of property in any one accident and subject to that limit a total (or
aggregate) limit of not less than One Million Dollars ($1,000,000.00) for all damages to
or destruction of property during the policy period. A certified copy of the policy
providing said Contractor's Public Liability and Property Damage Insurance executed by a
corporation qualified to write the same in the State in which the work is to be
performed, in form and substance satisfactory to the Grantor, shall be delivered to and
approved by the Grantor's Regional Chief Engineer prior to the entry upon or use of the
Grantor's property by the contractor. This being a potentially perpetual easement,
Grantor reserves the right to require higher limits of insurance in the future as may be
commercially reasonable at the time.
8. If the Grantees, their contractors, subcontractors or agents, in the
performance of the work herein provided or by the failure to do or perform anything for
which they are responsible under the provisions hereof, shall damage or destroy any
property of the Grantor, such damage or destruction shall be corrected by the Grantees
in the event their contractor or the insurance carriers fail to repair or restore the
same.
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9. The Grantees shall , or shall require their contractors to, notify the
Grantor's Regional Chief Engineer a sufficient time in advance whenever the Grantees or
their 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 Grantees shall reimburse Grantor for the cost thereof.
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� 10. If said described premises, or any part thereof, shall at any time cease to be
� used by said Grantees, or by the public , for the purpose, as aforesaid, or should they
� be converted to any other use whatsoever, or should the Grantees 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 Grantees, or of the public, in and to said
� premises , for any purpose whatsoever, shall immediately cease and determine, and the
c�.-, said Grantor, its successors and assigns, may, at its or their option, re-enter, retake
p and hold said described lands and premises as of the present estate of said Grantor
G� without compensation to said Grantees, the public, or any other person whomsoever, for
�j 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 the Grantees in the peaceable possession, use or enjoyment thereof; and the grant
herein made is subject to all outstanding rights or interest of other, 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 Grantees 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 Grantor has caused its corporate seal to be hereunto
affi d, and hese presents to be executed by duly authorized officers this �� day
of t1��,?� , 1988.
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BURLINGTON NORTHERN RHILROAD PR�PERTIES, INC.
BY � '`�
M. Duane Fu1gham
VP - Finance & Planning
ATTEST: ,
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BY � S � ` �
Mart}�a Anamosa
Secretary
ACCEPTED:
ATTEST: BOEING ELECTRONICS, a division of
The Boeing Company
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BY < � BY Ta-lvrxti� s �� ✓✓�'1 e$ Y
T i t fe: ,���-�, _�,:l�-��, i t e: �,s���z7 r� �� ,= < <•,.• , ,�< < S
ATTEST: CITY OF RENTON
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BY b� BY � � ��1 � �,.
it e: Ci (.Q�x�C. it e: �sr
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
� On this ��da of
� y , 198�, before me, the undersigned, a Notary
�J Public in and for the State of W ington duly commissioned and sworn, personally
f`'v appeared � to me known to be the .�- of the
�. City of Renton the corporation that executed the foregoing i trument an ac nowledged
� 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
Q execute the said instrument and that the seal affixed is the corporated seal of said
� corporation.
�o Witness my hand and official seal hereto affixed the day and year first above
written.
otary u ic in an or t e State of Washington
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this �� day of � , 19$8, before me, the undersigned, a Notary
Public in and for the State of ashington duly commissioned and sworn, personally
appeared ,�,,,� ,�? y�y to me known to be the�,.��ry, �,DC�.M,��,�� of
Boeing Electronics , a visi'on o� t�i�e Boeing Company, the corporati t at 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 corporation.
l�ifness my hand and official seal hereto affixed the day and year first above
wri�ten,
�:�� �. �����
otary u Tic in an t e tate o Was ington
'yl�y �'om„�.t�z�...,,� ,�.�i�ar�..�2� �9 9�
ri
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
�
On this � day of , 198� before me, personally appeared
M. Duane Fulgham and Martha Anamosa, known to me to be the Director and the Secretary,
respectively, of Burlington Northern Railroad Properties, Inc. , a Delaware
corporation, and 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 I
that they are authorized to execute the said instrument and that the seal affixed is the '
corporated seal of said corporation.
IN WITNESS WHEREOF, I have hereto set my hand and affixed my seal the day and year
first above written.
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E X I-I 1 B I T ��A "
EASEMENT FOf� W�ITERLINE
RE NTO N , WAS N.
APR. 23� 198(0