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HomeMy WebLinkAboutE 05161944 • PIPE LINE AGREEMENT ct THIS AGREEMENT made and entered into by and between PACIFIC COAST R. R. CO. , a Washington corporation, party of the first part, and CITY OF RENTON, a. municipal corporation of King County, State of Washington, party of the second part , WITNESSETH: That the Pacific Coast R. R. Co. , in consideration of the sum of One Dollar 01 .00) , receipt of which is acknowledged, and the agree- ments hereafter contained, to be kept andperformed by second party, hereby permits the second party to lay and maintain a 6 inch cast iron pipe rater main across the Lake Washington Branch right-of-way of the Pacific Coast R. R. Co . , on a line parallel to the center line of Bronson Way North and. 15 feet, more or less, southerly therefrom, City of Renton, King County, Washington, at Engineer 's Station 672 4 96. The permission hereby granted is subject to the following conditions . 1 . Said 6" water main shall be enclosed in a 12" reinforced concrete pipe for the full width of the right-of-way of said party of the first part ; said concrete pipe shall be laid at a depth under the main tracks of the party of the first part so that the top of said casing shall be not less than 3 feet below the bottom of the railroad ties . 2. All work incident to laying, repairing and maintaining said water main or pipe line shall be done by the second party subject to the inspection of and to the satisfaction of the first party's Chief Engineer or Roadmaster, all at the expense of the second party. If the first party shall do any work for the protection of its railroad tracks preparatory to or as a result of the construction of said pipe line the second party will on demand pay the reasonable cost thereof . 3 . If the construction or existence of said water main or pipe line shall at any time cause any damage to the first party's tracks, structures or right-of-way, the second party shall forthwith make the necessary repairs to the satisfaction of the Chief Engineer of the first party, or , in default thereof, the first party may do such work and the second party agrees to pay the expense thereof . 4. If the first party shall at any time desire to lay upon its right-of-way additional tracks or shall desire to change the grade of its present or any future tracks the second party will at its own ex- pense make such changes in the grade, construction andlocation of said pipe line or water main as may be desired and directed by the first party, but in such case the first party may at its election do the necessary work and furnish the material therefor and the second party will upon demand, whether before the work is commenced or after- wards, pay the reasonable expense thereof . 5 . The second party will so construct and maintain said water main or pipe line as not to interfere with,hinder or delay the opera- tion of the first partyts business or trains, and the second party will pay all damages that may be caused at any time, directly or -1- indirectly, to the first party arising wholly or partly from the con- struction, maintenance or operation of said water main or pipe line , either by interference with, hindrance or delays in the operation of the railway, or injury thereto or to the property of the first party through leakage or breakage of said pipe line or otherwise ; and the second party agrees to indemnify and save and keep harmless the first party from all liability, loss or damage of any kind, either from injuries to the first party's property or to that of the second party or of others, or to any person whomsoever, resulting wholly or partly from the construction, maintenance or operation of said water main or pipe line . 6. The first party may upon thirty (30) days written notice to the second party, without assigning any cause, terminate this agree- ment and in such event the party of the second part will remove said eater pipe from the right-of-way and restore the surface of said right-of-way to its former state . 7 . The permission hereby granted shall not be assigned or trans- ferred by second party without the written consent of first party. IN WITNESS WHEREOF, the parties hereto have causedthese presents to be sign in duplicate originals by their duly authorized officers this 167-' day of 7 , 1944. OAST R. R. CO. ATTEST: dr Secretary. CITY OF RENTON By 404-p� Its Mayor • r , STATE OF WASHINGTON ) ss COUNTY OF KING ) THIS IS TO. CERTIFY, that on this 26th day of May 1944, before the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally came G. W. Mertens and H. M. Watkins, to me known to be the President and Secretary, respectively, of Pacific Coast R. R. Co. , the cor- poration that executed the foregoing instrument, and each acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and each on oath statedthat he was authorized to execute the same , and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal the day and year in this certificate first above written. Notar`� u•lic in .nd fo' the State of Washin: . , residing attle •\ ,k k\\\ PACIFIC COAST R. R. CO. 2106 SMITH TOWER SEATTLE (4) May 31, 1944 \ City of Renton Renton, Washington Attention: Agnes Edwards City Clerk Gentlemen: We are enclosing herewith, easement granting the City of Renton permission to construct and maintain a 6" water pipe line across right of way of the Pacific Coast R. R. Co. at Engineer' s Station 672 /. 96. Yours very truly, C61. C. V. 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