HomeMy WebLinkAboutE 9808041937 WHEN RECORDED MAIL TO:
City of Renton
200 Mill Avenue South
Renton, WA 98055
RECORDED AT THE REQUEST OF: I'
City of Renton
200 Mill Avenue South
Renton, WA 98055 �!
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t•{ EASEMENT
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C:0 KNOW ALL MEN BY THESE PdtESENTS, t�-�at THE BiJRLING'TON
'T NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, whose
address for purposes of this instrument is 2650 Lou Menk Drive, Ft. Worth, TX 76131, Grantor,
for Three Thousand Eight Hundred No/100 Dollars ($3,800.00) to it paid by the CITI' OF
RENTON, a municipal corporation of the State of Washington, Grantee, and the promises of the
� Grantee hereinafter specified, does hereby remise, release and quitclaim unto the Grantee, subject
�' to the terms and conditions hereinafter set forth, an EASEMENT to construct, maintain, widen
and improve the Monster Road grade crossing at Railroad Mile Post 9.96, hereinafter called
� highway, over, upon and across the following described premises, situated in King County, State
"' of Washington, to-wit:
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� Part of SW'/4SW'/4 Section 13, Township 23 North, Range 4 East of the
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� Willamette Meridian, City of Renton, King County, Washington, being more
� particularly described in Exhibit "A", consisting of one (1) page, attached hereto
� and made a part hereof.
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� Assessor's Property Tax Parcel Account Number(s): No tax serial numbers - Railroad right of
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� way.
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,. E3E+��453 Or 1cif9Q .00 �$QO.00
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, pipelines, utility lines, track
and facilities 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 highway, 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, and further reserving the right and privilege to use said land for any and all purposes
not inconsistent with the use thereof for said highway 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 highway 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 wher�ver any sucli fi11 or embankment shall or
�.+ may obstruct the natural and pre-existing drainage from such lands and premises of the
�O 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,
rel�cation or reconstruction of which may be �ade necessary by reason of th� us� of
said premises for said highway 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
highway on said premises.
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5. This instrument is granted according to the terms and conditions of that certain
Construction and Maintenance Agreement between the Grantor and the Grantee dated
February 2, 1998, and made subject to the terms and conditions contained therein.
6. If during the construction or subsequent maintenance of said highway, soils or other
materials considered to be environmentally contaminated are exposed, Grantee will
remove and safely dispose of said contaminated soils. Grantee shall indemnify, protect
and defend the Grantor from any and all liability, claims or demands, if any, which arise
as a result of exposure and/or removal of said contaminated soils or materials.
Determination of soils contamination and applicable disposal procedures thereof, will
be made only by an agency having the capacity and authority to make such a
determination.
7. The Grantee agrees to keep the above-described premises free and clear from
combustible materials and to cut and remove or cause to be cut and removed at its sole
expense all weeds and vegetation on said premises, said work of cutting and removal to
be done at such times and with such frequency as to comply with Grantee and local
laws and regulations and abate any and all hazard of fire.
� 8. 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 th;, 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.
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9. Grantee, in its acceptance hereof, hereby agrees to indemnify and save harmless said
Grantor, from and against all lawful claims, demands, judgments, losses, costs and
expenses, for injury to or death of the person or loss or damage to the property of any
person or persons whomever, including the parties hereto, in any manner arising from
or growing out of the acts of omissions, negligent or otherwise of Grantee, its
successors, assigns, licensees and invitees or any person whomsoever, in connection
with the entry upon, occupation or use of the said premises herein described, including
but not limited to that of the location, construction, operation, restoration, repair,
renewal, or maintenance of said sewer line upon the herein described premises or
otherwise.
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For any work performed in the State of Washington, nothing in this agreement is
intended to be construed as an indemnification against the sole negligence of the
Grantor, its officers, employees or agents. Moreover, for any work performed in the
State of Washington, the Grantee specifically and expressly agrees to indemnify the
Grantor against all loss, liability and damages, including environmental damage,
hazardous materials damage, or penalties or fines that may be assessed, caused by or
resulting from the concurrent negligence of(a) the Grantor or the Grantor's agents or
employees, and (b) the Grantee or the Grantee's agents or employees, to the extent of
� the Grantee's negligence.
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t� For any work performed in the State of Washington, the Grantee specifically and
� expressly waives any immunity it may have under Washington Industrial Insurance,
;� Title 51 RCW, and acknowledges that this waiver was mutually negotiated by the
� parties hereto.
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� The Grantee further agrees that it has a duty to defend at its own expense, in the name
and on behalf of the Grantor, all claims or suits for injuries or death of persons or
damage to property arising or growing out of the work carried on under this
agreement, for which the Grantor is liable, or is alleged to be liable. However, upon a
� final determination in a court of law in which a percentage of negligence is attributed to
� the Grantor, the Grantor agrees to reimburse the Grantee in the same percentage for
� the costs involved in defending the suit.
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�� Nothing in this indemnity provision shall be construed to require Grantee to indemnify
Grantor against any claims for which indemnity by Grantee is precluded by law.
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`�' 10. 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 purposes
whatsoever, shall immediately cease 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.
11. 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.
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12. This easement shall be binding upon and inure to the benefit of the heirs, executors,
administrators, assigns and successors of Grantor and Grantee.
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.
� IN WITNESS WHEREOF, the said THE BURLINGTON NORTHERN AND
Q�SANTA FE RAILWAY COMPANY has caused this instrument to be signed by its authorized
'�"�officer, and the corporate seal affixed on the 17� day of `T,,,,.Q , 1998.
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THE BURLINGTON NORTHERN
AND SANTA FE RAILWAY
COMPANY
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'�"� By:
� ��,,o w.,, E. R. Spar.gler – — -------
� V,���p,�R��S,qN�.,,� Director Contracts
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� ,'��� �Q,F'C�/���. ,.�� �.
� ` r� � ,� �. �� ATTEST:
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'-,c� •`�a:,`;1:`ti�`'f'��.U`�:�' By' - -
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,� �,�.1 ,����,, M rgar R. Aclin
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�a��,,s�9 A sistant Secretary
BNSF 00730 Renton, WA
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STATE OF TEXAS )
) ss.
COUNTY OF TARRANT )
On this��1�day of �� , 1998, before me, the undersigned, a Notary
,; Public in and for the State of Te s, duly commissioned and sworn, personally appeared E. R.
� Spangler and Margaret R. Aclin, to me known to be the Director Contracts, and Assistant
� Secretary, respectively, of The Burlington Northern and Santa Fe Railway Company, the
d`' corporation that executed the foregoing instrument, and acknowledged the said instrument to be
fl the free and voluntary act and deed of said corporation, for the uses and purposes therein
Qmentioned, 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.
/ �
DORIS P.LODICS �
_*• ������� Notary Public in and r the State of Texas
�. ,lenu�y a7,2000
... �"f, GI/or��, 7+X
Residing at:
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My appointment expires: ������d
FORM APPROVED BY LAW
BNSF 00730 Rentorr, WA
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EXffiBIT "A"
That portion of The Burlington Northern and Santa Fe Railway Company's right of
way situated in the SW1�4SW1�4 of Section 13, Township 23 North, Range 4 East,
Willamette Meridian, Renton, King County, Washington, lying Easterly of the
existing Northeasterly right of way line of Monster Road and lying Southwesterly of
a line beginning on the Northerly line of said Railway Company's right of way at a
point 63.22 feet Northeasterly of engineer's station 98+26.31; thence Southerly
along a curve to the left with a radius of 24.00 feet an arc length of 37.45 feet;
thence to a point on the Southerly line of said Railway Company's right of way
� being 40.00 feet Northeasterly of and opposite the centerline of said Monster Road
,,,�� as surveyed as the City of Renton Monster Road Bridge right of way centerline
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Q'� survey dated August 8, 1995.
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� All stationing as shown on the City of Renton Monster Road Bridge right of way
� centerline survey dated August 8, 1995 on file in the offices of the City of Renton,
��/� Department of PlanningBuilding/Public Works, Renton, Washington.
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BNSF 00730 Renton, WA
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