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Home My WebLink AboutE 04301943 • • CROSSING AGREEMENT THIS AGREEMENT, made and entered into this 30th day of April, 1943, by and between PACIFIC COAST R. R. CO. , a Washington corporation, first party and CITY OF RENTON, a municipal corporation of King County, State of Washington, second party, WITNESSET H: WHEREAS, Pacific Coast R. R. Co. , in consideration of the sum of One Dollar ($1.00) , receipt of which is acknowledged, and the agreements hereinafter contained, to be kept and performed by second party, hereby permits the second party to lay, maintain and use properly reinforced sewer pipes, under and across the right of way and tracks of first party' s line of railroad at the following locations, to-wit: A. Under and across the right-of-way and tracks of the first party at its Engineer' s Station 623 4 07.00, said Engineer' s Station being also at the point of intersection of the main track center line and the center line of said pipe line which latter coincides with the center line of Shattuck Street as the same is platted in the said City of Renton, produced over and across said right of way of first party, all as shown on blue print map attached hereto, marked Exhibit "A" and by this reference made a part hereof, and B. Under and across the right-of-way and tracks of the first party at its Engineer's Station 629 4 86.0, said Engineer' s Station being also at the point of intersection of the main track center line and the center line of said pipe line which latter is parallel to and approximately 20 feet distant Westerly from the Easterly line of Morris Street, as the same is platted in the said City of Renton, produced over and across said right-of-way of first party, all as shown on blue print map attached hereto, marked Exhibit "B" and by this reference made a part hereof. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Subject to the terms, provisions, and conditions hereinafter contained, first party hereby consents and agrees that during the term of this agreement second party may at its own expense, construct, maintain and use the sewers hereinabove referred to for the purposes authorized by the City of Renton, under and across the right of way and tracks of first party in the City of Renton, Washington, as shown on exhibit maps "A" and "B" , hereto attached. -1- 2. The consent and agreement expressed in paragraph 1 above shall be and is conditioned as follows: (a) The second party agrees in the construction of the said sewers at locations A and B and in conformity with plans marked Exhibits "A" and "B" , to strictly adhere to all standard practices governing such construction and to complete the work in a manner satisfactory to the first party' s superintendent. The 8" sewer pipe at location A to be encased in a 14" encase- ment pipe of ample strength, the top of which shall be not less than 12 feet below the bottom of the ties on first party' s right-of-way. The 18" reinforced concrete pipe crossing at location B shall be not less than 4-1/2 feet beneath the bottom of the ties on first party' s right-of- way at its southern extremity nor less than 10-1/2 feet at its northern. extremity. (b) That said sewers shall be constructed and maintained by second party at its own expense and shall not be used for other purposes than authorized and permitted by the said second party. (c ) That second party shall construct, maintain, use, repair and renew said sewers in such manner as not to endanger the property or operations of first party, or any other person or corporation authorized to use its right-of-way, nor to interfere with the use of the aforesaid tracks by first party or by any other person or corporation authorized to use said tracks. (d) That second party at its own expense shall and will protect the tracks and property of first party from damage from the presence of said sewers or from any work connected therewith, in a manner satisfactory to the roadmaster of first party, and if first party so elects, second party will permit first party to protect said tracks and property to its own satisfaction at the expense of second party, and second party will reimburse first party therefor upon receipt of bill or bills. (e ) Second party shall indemnify first party and any and all persons licensed to use its right-of-way and tracks from and against all loss, cost, damage, expense, and liability which first party or its said licensees may incur by reason of the construction, maintenance, repair or use of said sewers by second party or its successors or assigns. (f) The second party will pay all taxes and assessments that may be levied or assessed against the improvements herein. Second party covenants and agrees to observe, perform, and comply with each and all of the conditions contained in this paragraph. 3. This agreement shall be and become effective from and after the date hereof and shall be and remain in full force and effect until termi- nation as herein provided. This agreement shall terminate if and when second party, its successors or assigns, permanently ceases to use the said sewers beneath said tracks and right-of-way of said first party. -2- 4. Upon termination of this agreement second party, at its own expense, shall and will take up and remove all of said sewers, from beneath the tracks and right-of-way of first party and restore the area occupied by said sewer to a condition satisfactory to first party. 5. This agreement shall be binding upon the parties hereto and their respective successors and assigns, but second party shall not assign its rights herein without the consent of first party in writing first obtained. 6. The second party further agrees not to place any manholes within the limits of the first party' s right-of-way and to have all backfills tamped solid. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. PA A..AST R. R. CO. 0 By .r President ATTEST: -1 .1kX% .-----...1...kr--- Secretary 1 CITY OF RENTON Bye. f. - ; - . Mayor ATTEST: ieGlOteldi (l ?'1,4 41 City Clerk -5- I ol 'ri IL I o l J, F11 6TH, AV Cl) 67+05 SUMP M.H. 66t94 PUMPING UNIT 0 it � tl rn .......... z xn rn CID z rri -L r U R T H . cn I* CA °. d F T H A I cn —4 Ec rlo Wu O �l M. H. 6 + 4 6 uo M.H. 9+50. -4 ro--7111 go] to 4 13