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HomeMy WebLinkAboutE 07171946 • • PIPE LINE AGREEMENT 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 ($1.00) , receipt of which is acknowledged, and the agree- ments hereinafter contained, to be kept and performed by second party, hereby permits the second party to lay and maintain a 6 inch cast iron pipe water main across right of way of the Pacific Coast R. R. Co. , at a point 330 ft. East of the Northwest corner of the Northeast Quarter of Section 17, Township 23 North, Range 5 East, approximately 23 feet South of the center line of Fourth Avenue and parallel thereto where said Fourth Avenue crosses center line of Pacific Coast R. R. Cols. Newcastle Branch right of way at Engineer' s Station 689 4 91. The permission hereby granted is subject to the following conditions. 1. Said 6" water main shall be enclosed in an 18" reinforced concrete culvert 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 5-1/2 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 and location 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 operation of the first party' s business or trains, and the second party will pay all damages that may be caused at any time, directly or indirectly, to the first party arising wholly or partly from the construction, maintenance or operation of said water main or pipe line, either by interference with, hindrance or delays in the oper- ation 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. This agreement shall be and become effective from and after the date hereof and shall be and remain in full force and effect until termination as herein provided. This agreement shall terminate if and when second party, its successors or assigns, permanently ceases to use the said water main or pipe line beneath said tracks and right- of-way of said first party. Upon termination of this agreement second party, at its own expense, shall and will take up and remove all of said water main or pipe line from beneath the tracks and right-of-way of first party and restore the area occupied by said water main or pipe line to a condition satisfactory to first party. 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 caused these presents to be signed in duplicate originals by their duly authorized officers this 12th day of April, 1946. PACIFIC COAST R. R. CO. By President -•--- ATTEST: Secretary CITY OF RENTON ATTEST: By Its Mayor 0'4- '4 / � , / , / s • STATE OF WASHINGTON ) ss COUNTY OF KING ) THIS IS TO CERTIFY, that on this '�7 day of AT4,41, 1946, before the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, persomally 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 corporation 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 stated that 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 v itten. • 4e-otar '• 'lie in and • the State of Washing • - . ng . Seattle.