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Home My WebLink AboutE 12071929 r qb THIS AGREEMENT, dated the ?rte day of ' (\ 1929 by and between STANDARD OIL COMPANY OF CALIFORNIA, a cor- poration, hereinafter termed Grantor, and CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter termed Grantee, WITNESSETH : THAT Grantor, for and in consideration of the full and prompt performance of the things to be performed by Grantee as hereinafter set out and contained, hereby grants to Grantee, subject to cancellation as hereinafter provided and. under the terms, conditions and provisions hereinafter contained, a right of way and easement to lay, construct, maintain, operate, repair, renew, from time to time change the size of, and remove a pipe line for the transportation of sewage in, under, along and across that certain property situate in the City of Renton, County of King, State of Washington, and described as follows, to-wit: Beginning at a point on the Easterly right of way line of the Northern Pacific Railroad, which point is West 169.5 ft. and North 283.5 ft. from the Northwest corner of Lot 1, Block 24 of Original Town of Renton, running thence North along said Easterly right of way line 216.5 ft. ; thence at right angles East 109.5 ft. to a point in the Westerly line of Burnett St., extended; thence South along said Westerly line of Burnett St., extended, 216.5 ft. ; thence West 109.5 ft. to the point of beginning, all of which lies between the Easterly right of way line of the Northern Pacific Railway Com- pany and the ?:estorly line of Burnett St. extended, be- ing a part of the original Henry C. Tobin Donation Claim p37, Township Twenty-three (23) North, Range Five (5 ) East, W.M. The route along which said pipe line is to be laid is more particularly described as follows : Beginning at a point on the Westerly line of Burnett Street 41.5 feet North from the Southeast corner of the above described parcel of land; thence Westerly and parallel to the Southerly line of said parcel to the Easterly line of the right of way of the Northern Pacific Railway Oompany. Grantee shall not interfere with or obstruct the use of said premises by Grantor, or injure or interfere with any person or property on or about said premises. Grantee shall bury its pipe line so that it will pass beneath previously laid pipe lines which it may cross, and so that it will be at all points at least eighteen (18 ) inches below the surface of the ground, and shall promptly and properly back- fill all excavations made by or for Grantee on the premises. Whenever, in the opinion of Grantor, said pipe line interferes with Grantor's use of or operations upon the premises, • " - Grantee . -Grantee shall, at its own expense and risk, within sixty (60 ) days after written request therefor by Grantor, lower or re- locate and reconstruct said pipe line upon and across said premises to the depth or along the route specified by Grantor in such request, and shall restore said premises as nearly as possible to the same state and condition they were in prior to the lowering or prior to the reconstruction of said pipe line, as the case may be. Grantee and its employees and agents shall, at any and all times when necessary, have free access to the said pipe line, over such reasonable route as Grantor may designate or approve, for the purpose of exercising the rights hereby granted. This grant of right of way is personal to Grantee and shall not be assigned by Grantee, in whole or in part, without the written consent of Grantor being first had. leo written con- sent by Grantor hereunder shall be deemed a waiver by Grantor of any of the provisions hereof, except to the extent of such con- sent. It is further understood and agreed that this agree- ment and the rights and privileges herein given Grantee shall terminate in the event that Grantee shall fail for a period of one year, to maintain and operate said pipe line. In the event of the termination of this grant of right of way Grantee shall thereupon, at its own expense and risk, remove all pipe and any other property placed by or for Grantee upon said land, and restore said premises as nearly as possible to the same state and condition they were in prior to the con- struction of said pipe line, but, if it should fail so to do within sixty (60 ) days after such termination, Grantor may so do, at the risk of Grantee, and all cost and expense of such removal and the restoration of said premises as aforesaid, together with interest thereon at the rate of twelve per cent per annum, shall be paid by Grantee upon demand; and in case of a suit to enforce or collect the same, Grantee agrees to pay Grantor in addition a reasonable attorney's fee to be fixed and allowed by the court. Upon the termination of the rights hereby granted, Grantee shall execute anddeliver to Grantor, within thirty (30 ) days after service of a written demand therefor, a good and suf- ficient quitclaim deed to the rights arising hereunder. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed, as herein provided, and terminating said grant shall, after ten (10 ) days from the date of recordation of said notice, be con- clusive evidence against Grantee and all persons claiming under Grantee of the termination of said. grant. Grantee shall be responsible for, and shall pay the party or parties entitled to payment for, any damage to or loss of property, or injury to or death of person, that directly or- indirectly rindirectly may be caused by or arise or result from the exercise or enjoyment of any of the rights herein granted, and shall hold Grantor harmless from and indemnify it against any and all claims therefor. Such damage or loss, if suffered by Grantor and if not mutually agreed upon, shall be ascertained and determined by • • three disinterested persons, one thereof to be appointed by Grantor one by Grantee, and the third by the two so appointed as aforesaid, and the award of such three persons, or any two of them, shall be final and conclusive. Grantee agrees to hold Grantor harmless from and to indemnify it against any claim for damage to or loss of property of Grantee in, on, and about the right of way herein granted, or injury to or death of any person on said premises on behalf of or at the in- vitation of Grantee, whether such claim arise out of the opera- tions of Grantor or otherwise. Any notice provided herein to be given by either party hereto to the other may be served by depositing in the united States Post Office, postage prepaid,a sealed envelope containing a copy of such notice and addressed to said other party above named at its principal place of business, and the same shall be sufficient service of such notice. Grantee hereby recognizes Grantor's title and interest in and to the land over which the aforesaid right of way Ia hereby granted and agrees never to assail or resist Grantor's title or interest therein. Except as otherwise provided Herein, the terms and conditions of this agreement shall inure to the benefit of and be binding upon the successors and assignes of the parties here- to. It is understood and agreed that this grant is made subject to all valid and existing licenses, leases, grants, ex- ceptions and reservations affecting said premises. INT gdITNESS WHEit EOF, the said parties hereto have caused this agreement to be executed in duplicate by their proper officers, who are thereunto duly authorized. STAND + ' , vIPANY OF CALIFORNIA ' PREPARED GY_fjL�.i.. _ A APPROVEJ ____.� By ,} Ips Vice Presiders FORM APPROVED: PIL LEURY,(MADISON & SUTRO r' I- nW, NO.._A:�.AC - - APPROVED FOR EXECUTION, Y,AMINED_ , By . { is APPROVC ,DHT OF WAY DAPI, --`_-^-_ ._._ Asst. Secretary C IT Y OO REENT O f By 6)‘/ 40' CD. ,TirrY By_ piYt4g_CGt.4/`je,2 t . { •