Loading...
HomeMy WebLinkAboutE 12031957 7 r • 1 � r M R.W. 5972 if-11450 V AGREEMENT AGREEMENT, made this day of 1957, between NORTHERN PACIFIC RAILWAY COMPANY, a Wis- consin corporation, hereinafter called "Grantor's, BOEING AIRPLANE COMPANY, a Delaware corporation, hereinafter called "Grantee", and the CITY OF RENTON, a municipal corporation (hereinafter called the "City") . RECITALS 1. Grantor owns a certain 100 foot right-of-way (Y) and certain tracks lying parallel to and easterly of Logan Street, in the City of Renton, King County, State Li of Washington. 2. On March 25, 1942 Grantor granted to the City an easement to cross at grade said right-of-way and track from the westerly end of Eighth Avenue North, a dedicated city street, to the easterly margin of Logan Street, said easement to continue so long as the crossing is maintained by the City, or its successors in interest. 3. The Department of Highways of the State of Washington, acting as agent for the United States of America, has constructed, graded and surfaced the crossing from the west end of Eighth Avenue North to Logan Street across that portion of the Grantor's right-of-way and track • • 1 r over which said easement was granted, and said crossing has Since been used and maintained as an extension of Eighth Avenue North. 4. By ordinance duly adopted by the City, that portion of Eighth Avenue North lying oast of the easterly margin of said right-of-May has been duly vacated, has vested in Grantee and is no longer maintained by the City as a regular city street. S. Grantee maintains certain plant facilities lying easterly of said right-of-May and in the interests of efficient operation of said facilities requires a private access road in lieu of its right to use the ease- sent heretofore granted to the City of Renton. 6. The City desires to terminate the easement granted on March 25, 1942, together with all rights and obligations thereunder. AGREEMENTS In consideration of the foregoing recitals, and the mutual covenants and agreements hereinafter set forth, the parties hereby agree as follows: 1. Grantor, to the extent of its legal right to do, grants to Grantee an easement eighty (SO') feet in width for roadway and utility purposes over, under and across Grantor's Lake Washington Belt Line Right-of-Way r ` in Sections 7 and 8, Township 23 North, Range 5, East, W. M. , more particularly described as follows: Commencing at the quarter corner common to Sec- tions 7 and 8, from which the center of Section 8 bears north 89'33'05" east; thence north 89'33'05" east 28.88 feet to the easterly margin of the said Northern Pacific right-of-way, and the true Point of Beginning; thence south 0.30'55" east along said easterly margin 75.00 feet; thence south 89.33'05" west 100.00 feet to the westerly margin of said right-of-way and also the easterly margin of Logan Street as now located in the City of Renton, Washington; thence north 0'30'55" west along said westerly margin 80.00 feet; thence north 89.33'05" east 100.00 feet; thence south 0'30'55" east 5.00 feet, to the Point of Beginning, containing 8,000 square feet. 2. Grantee shall bear the entire cost of con- struction, maintenance, repair and removal of said road and utilities, including any drainage facilities made necessary by reason thereof. 3. Grantee assumes all risk of and indemnifies and holds harmless and shall at Grantee's expense defend Grantor from and against any and all claims, loss, costs, legal action, liability or expense on account of personal injury to or death of any and all persons whomsoever, in- cluding, but not limited to, employees of the parties here- to, or damage to or destruction of property to whomsoever belonging, including, but not limited to property of the parties hereto, resulting directly or indirectly from the -3. existence or use of said road and utilities on said premises. 4. Any utilities installed hereunder shall conform to Grantor's specifications, and Grantee shall submit for Grantor's approval plans of such utilities prior to installa- tion thereof. 5. The rights herein created shall continue so long as said premises are used or maintained by Grantee, its successors or assigns. 6. The easement granted to the City on March 25, 1942 is terminated, together with all rights and obligations (except such as may have arisen prior hereto). IN WITNESS WHEREOF, the parties hereto have execu- ted these presents the day and year first above written. NORTHERN PACIFIC RAILWAY RAILWAYOMPANY Attest• / , Vice Pr c.3i den$ Secretary GRANTOR BOEI - AI Cir, ANY 11 .N'Ff;SE. i T OR OF i AS /i/,���/ CONT r CT IN-TRATIOM '�' R. GELZENL CHTER f. ' ASSISTANT SECRETARY CITY Q RENTON Attes : By CITY -4- STATE OF -:=N- ss. COUNTY OF On this <3=41 day of , 1957, before as personally appears E. 5. STANTON to as known to be the Oice President of Northern Pacific RailwayCompany, the corporation that ex.. ecutad the within and foregoinginstrument 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 on oath stated that he was authorized to ex- ecute said instrument and that the seal affixed is the cor- porate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. otary y c f -or ie tate ofyyj_ = i , r j ding at tVe c„...:,4L,A. J. W. THAYER; Notary Public, Ramsey County, Minn, My Commission Expires Nov. 17, 1964 .5. 1