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HomeMy WebLinkAboutE 12151942 6 uff STATE OF WASHINGTON ARTHUR B. LANGLIE, GOVERNOR DISTRICT OFFICES DISTRICT OFFICES NO. t SEATTLE �STATE O,0 NO.4 VANCOUVER STH AVE. SO. 9 SPOKANE ST. .. /" 4. 4200 MAIN ST. O NO. 2 WENATCHEE 1"?' = NO. 5 YAKIMA r a tit''m NO. 3 OLYMPIA SPOKANE P. O. BOX 327 oy NO. 6 N. 2820 MAYFAIR ST. TOLL BRIDGE DIVISION 6'4�889 MERCER ISLAND P. 0. BOX 79 DEPARTMENT OF HIGHWAYS TRANSPORTATION BUILDING U OLYMPIA January 5, 1943 City of Renton Renton, Washington Attention: Agnes Edwards, City Clerk Access City Streets to Boeing Assembly Plant in Renton, Logan Street North Extension and Dixie Avenue Gentlemen: Attached for your file is a copy of the fully executed tri—party agreement, granting the City of Renton and the State of Washington by the Chicago, Milwaukee, St. Paul and Pacific Railroad Company the right to construct and maintain the Access City Streets to Boeing Assembly Plant crossing under the railroad companyts transmission line. Yours very truly, BURWELL BANTZ Director of Highways BB/gs HCH By: EARL F. DICKINSON encl. 1 Chief Right of Way Agent • r 10/21/42 Cont ��"f� t. ( PLICATE ORIGINAL THIS AGREEMENT, made this , /S-12. day of OEF n a r R 1942, 1 by and between HENRY A. SCANDRETT, WALTER 3. Cu MMINGS and GEORGE I. HAIGHT, Trustees of the property of CHICAGO, MILWAUKEE, y ST.PAUL AND PACIFIC RAILROAD COMPANY, hereinafter referred to as "Milwaukee Trustees", and the CITY OF RENTON, a municipal corpor- ation of the State of Washington, hereinafter referred to as the "Licensee", and the STATE OF WASHINGTON, acting through its Director of Highways, hereinafter referred to as "State", OD a WITNESSETH": va Lk) RECITALS That the Licensee is the owner of a street known as Logan Street, within the limits of the City of Renton, King County, Wash- ington, which is to be extended at the cost of the State and there- after maintained at the cost of the Licensee for use as an access highway to Boeing Assembly Plant. That Licensee desires the right to construct and maintain said road beneath the Milwaukee Trustees' transmission line and the Milwaukee Trustees are willing to grant to the Licensee such right as they may lawfully grant to construct and maintain said highway beneath said line, upon the terms and conditions hereinafter set • forth: NOW, THEREFORE, it is understood and agreed by and between the parties hereto as follows: 1, The Milwaukee Trustees hereby grant unto the Licensee the right, in so far as it may lawfully grant such right, to con- struct and maintain an extension of Logan Street for use as the Access Highway to Boeing Assembly Plant, under and across the Mil- 1. Ij • Waukee Trustees ' transmission line approximately at ground level across the Milwaukee Trustees' easement for said transmission line, in Government Lot one (1) of Section eighteen (18), Township twenty- three (23) North, Range five (5) East, W.M., at Renton, in King County, Washington. The location for such highway is indicated on the map attached marked Exhibit X and made' a part hereof, and the location of the part of the Milwaukee Trustees' transmission line under which said highway shall be located is shown on said exhibit by the purple line between the points lettered A and E. 2. Said Access Highway shall be constructed by and at the cost and expense of the State, and the State shall and it hereby „ agrees that it will release, indemnify and save harmless the Mil- waukee Trustees from any and all loss, damages, and injuries, includ- ing injuries resulting in death, and costs, by whomsoever sustained, due in whole or in part to performance of said work by State, or which would not have been sustained but for the presence of said transmission line across said highway location. Said highway shall thereafter be maintained by and at the cost and expense of the Licensee. The Milwaukee Trustees and their property shall not become liable for any of such costs and '' expense. 3. That State shall pay and bear all costs and expenses : incurred in changing said transmission line or moving or altering the same or any poles, guys, anchors, or other appurtenances there- ' of, now or hereafter made necessary because of the construction of said highway under said transmission line. The Milwaukee Trustees shall not be required to change the elevation of said transmission line. 4. That Licensee shall and will release and indemnify • 2. • and save harmless the Milwaukee Trustees from any and all loss, dam- age and injuries, whatsoever, by whomsoever sustained, including per- sonal injuries resulting in death, and claims therefor and costs incident thereto, due in whole or in part to the construction, main- tenance, use or presence of said highway upon said location beneath ,; said transmission line, or which would not have been suffered or ' sustained but for the presence of said transmission line across said , highway, except the costs, expenses and liabilities to be borne and assumed by the State as aforesaid. 5. The Milwaukee Trustees shall have the right, notwith- standing anything herein contained, to construct, maintain and use such additional transmission lines and wires upon their transmission line right of way at said location over and across said highway as , they shall desire. 6. The Licensee and the State shall at all times prose- ' , cute any work which they may do upon the transmission line right of way with reasonable care, skill and diligence, and will, in all ,.matters relating to the safety of the maintenance, use, or operation of said transmission line, conform to the direction of the duly authorized representative of the Milwaukee Trustees, provided, how- ever, that express or implicit approval by the Milwaukee Trustees : of the State's work of construction, or of the Licensee's work of .maintenance or repair of said highway or other work to be done by 'the State or the Licensee hereunder shall not relieve the Licensee from any of its covenants, indemnity or other obligations under this agreement. 7. The covenants and agreements to be by said Licensee observed, kept and performed, as hereinbefore set forth, shall be deemed and considered as conditions, for a breach of any of which S. the Milwaukee Trustees may forfeit and determine the rights hereby ' granted. Failure to terminate for any such breach shall not con- ' stitute a waiver of any future breach. Such rights of forfeiture shall not be construed as an exclusive remedy, but the Milwaukee 1 Trustees may have and exercise, either in addition to or exclusive of such right, any other remedy, at law or in equity, which they might or could have or exercise if no right of forfeiture were re- served. 8. The Licensee shall at its cost and expense procure all right, permission and authority, public and private, not hereby granted, required for the construction and maintenance of said high- way across the Milwaukee Trustees' transmission line right of way. 9. This agreement is executed by and shall be binding upon Henry A. Scandre tt, Walter J. Cummings and George I. Haight, not as individuals, but solely as Trustees of the property of the Chicago, Milwaukee, St.Paul and Pacific Railroad Company, under authorityof the Court in certain proceedings under amended Section 77 of the Bankruptcy Act in the District Court of the 'United States for the Northern District of Illinois, Eastern Division, entitled: • "In the Matter of Chicago, Milwaukee, St.Paul and Pacific Railroad Company, Debtor, " Docket No. 60463. 10. Except as above provided, the grants, covenants and stipulations hereof shall extend to and be binding upon the respective successors of the parties hereto, but the Licensee shall not assign any of its rights hereunder without first obtaining the written consent of the Milwaukee Trustees. IN WITNESS WHEREOF, the said parties have caused these • presents to be executed by their duly authorized representatives 4. wi • K w • • in triplicate originals the day and jear first herein written. HENRY A. SCANDRETT, WALTER J. CUMMINGS and GEORGE I. HAIGHT, Trustees of the property of the CHICAGO MILWAtniat, ST.PAUL AND PACIP RAILROAD COMPANY, By est; One- of said lrustcea Tir sore tart' CITY OF RENTON • By ii(-6,..tdeot..„..ekite Mayor Attest: arZeileArttiki y Cler STA • : ',ASHING ,ONN� By `/il.r.a, /�,� , D rector o ` g.w: :'e ' Attest: it E r.lCHT OF IJ I AGENT ii 5.