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Home My WebLink About9410110900 STREET EASEMENT 101194CITY CLEPK'S OFFICE CITY (JF AUBUgN 25 West Main Auburn. WA 98001 S w 1 a l--s' .70 O C T 0 1 1994 KING COUNTY RECORDER EASEMENT /l - KNOW ALI, MEN BY THESE PRESENTS, that BURLINGTON NORTHERN RAILROAD COMPANY (formerly named Burlington Northern Inc.), a Delaware corporation, whose address for purposes of this instrument is 3300 Continental Plaza, 777 Main Street, Fort Worth, TX 76102-5384, Grantor, for Five Thousand and no/100 Dollars ($5,000.00) to it paid by CITY OF AUBURN, a Municipal corporation, Grantee, of 25 West Main Street, Auburn, Washington 98001-4998, and the promises of the Grantee hereinafter specified, does hereby remise, release and quitclaim unto the Grantee, subject to the terms and conditions hereinafter set forth, an EASEMENT for widening and improving Auburn Way South where it passes beneath Railroad's existing Bridge No. 102.1, hereinafter called highway, over, upon and across the following described premises, situated in King County, State of Washington, to-wit: A strip of land 10.0 feet in width crossing Burlington Northern Railroad Company's 100.0 foot wide right-of-way situated in the SWJSW-J Q of Section 18, Township 21 North, Range 5 East, Willamette Meridian, City of Auburn, King County, Washington, and being more particularly tT1 shown cross-hatched on the attached Exhibit `A' and by this reference r„f made a part hereof. O RESERVING, however, unto the Grantor, its successors and assigns, the right U~ to construct, maintain, use, operate, relocate, reconstruct and renew such tracks and facilities as it may at any time, and from time to time, desire within the limits of the land hereinbefore described, including the right and privilege to use said land for any and all purposes, not inconsistent with the use thereof for highway purposes. ALSO RESERVING, however, unto the Grantor, its successors and assigns, the right to construct, place, operate, maintain, alter, repair, replace, renew, improve and remove communication lines above, below and on the surface of the premises, including, without limitation, transmission by conduit, fiber optics, cable, wire or other means, of electricity, voice data, video, digitized information, or other materials or information, including the right of ingress and egress in any such manner as does not unreasonably interfere with Grantee's use of the premises for said highway, and further reserving unto Grantor, its successors and assigns, all right and privilege of ingress and egress to said premises as Grantor, its successors and assigns may require to investigate and remediate environmental contamination and hazards. LXCISE TAX NOT REQUIRED p +Ra. R~oords Ahrislon Deput~r W4 I #24,1 M• M 1 W 0 LS 4 0 8 4 Vl L v r The foregoing easement is made subject to and upon the following express conditions: 1. To existing interests in the above-described premises to whomsoever belonging and of whatsoever nature and any and all extensions and renewals thereof, including but not limited to underground pipeline or lines, or any type of wire line or lines, if any. 2. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of said highway shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. 3. The Grantee shall bear the cost of removal, relocation or reconstruction of any and all right of way fences, telephone or telegraph poles, or other facilities, the removal, relocation or reconstruction of which may be made necessary by reason of the use of said premises for said highway purposes 4. The Grantee shall, at its own cost and expense, make adjustment with O industries or other lessees of Grantor for buildings or improvements that may 94 have to be relocated, reconstructed or destroyed by reason of the construction CD and maintenance of said highway on said premises. W4 r?' 5. This instrument is granted in accordance with the terms and conditions of fi that certain Construction and Maintenance Agreement between the Grantor and the Grantee dated November 1, 1993 and made subject to the terms and conditions contained therein. 6. If at any time the use of the premises for the purposes herein should be abandoned or discontinued by the Grantee, the said easement over the herein described premises shall thereupon cease and determine and the Grantee shall surrender or cause to be surrendered to the Grantor or its successors and assigns, the peaceable possession of said described premises, and title to the said premises shall remain in the Grantor, or its successors or assigns, free and clear of all rights and claims of the Grantee and of the public for use and occupancy of the said premises. 7. The Grantee or its contractor(s) shall telephone Grantor's Communication Network Control Center at (800) 533-2891 (a 24 hour number) to determine if fiber optic cable is buried anywhere on the premises; and if so, the Grantee or its contractor(s) will contact the Telecommunications Company(ies) involved, and make arrangements with the Telecommunications Company(ies) for protection of the fiber optic cable prior to beginning any work on the premises. 2 #2443 i 8. The Grantor does not warrant its title to said premises nor undertake to defend the Grantee in the peaceable possession, use or enjoyment thereof, and the grant herein made is subject to all outstanding rights or interest of others, including the tenants and licensees of the Grantor. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging to Grantee for public use and enjoyment for the purposes aforesaid and for no other purpose whatsoever subject to the terms and conditions hereinbefore stated. IN WITNESS WHEREOF, the said BURLINGTON NORTHERN RAILROAD COMPANY has caused this instrument to be signed its authorized officers, and the corporate seal affixed on the J S day of , 1994. 1URLINGTON NORTHERN RAILROAD COMPANY BY D- -P. chn der, Director 0 Title Services & Field Support C79 G ATTEST: W4 W4 T BY ictoria H. Vasquez Assistant Secretary BN 10958 - Auburn, WA 3 # 24 4 3 a Q a W4 ,r 0) STATE OF TEXAS ) )SS. COUNTY OF TARRANT ) On this / C IP` day of 2A 1~1 , 1994, before me, the undersigned, a Notary Public in and for (the State of Texas, duly commissioned and sworn, personally appeared D. P. Schneider and Victoria H. Vasquez, to me known to be the Director, Title Services and Field Support, and Assistant Secretary, respectively, of Burlington Northern Railroad Company, the corporation that executed the foregoing instrument, 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 they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. otary Public in Residing at: Fort Worth, Texas My appointment expires: December 20, 1996 ARUNE NICHOLS Not" Pia IDIb STATOF TEXAS 0 Cam. EO. CEC. Z).10 BN 10988-Auburn, WA 4 APPROVED APPROVED #2443 i „ ` `a0 10110 L 21~ g~ f 5 30 Oro C1 C7 ~ i W (t f I~ . BURR STA / 35+41.07 2 EXHIBIT "A" B. N. RAILROAD COMPANY PACIFIC DIVISION -STAMPEDE SUBDIVISION EASEMENT FOR AUBURN WAY SOUTH LOCATED AT RR MP 102.10 AUBURN, WA. SCALE: 1"=10' MANAGER ENGINEERING - SEATTLE, WA. 10-27-93 #2 I i !f i~ 0 cc ~ i .tea. f t A" . BURLINGTON NORTH Av&ia TITLE SERVICES& I CERTIFIED MAIL f i,00,7 July 18, 1994 ~Z I Mr. Gary Wiggins CITY OF AUBURN 25 West Main Street Auburn, Washington 98001-4998 RE: EASEMENT TO THE CITY C Dear Mr. Wiggins: Enclosed for your further handling sign. Railroad Company is the easement agreen July 15, 1994, granting the City an easel Auburn Way South where it passes ben located in Auburn, Washington. After recording, please furnish me with using the enclosed return envelope. r/n¢. ~ W3 &11~- Do not hesitate to call me if you have any questions or concerns. Sincerely, R. E. E. ~Wilhe~lm~~~ Manager, Title and Closing Enc. File: BN 10958 Auburn, WA cc: R. D. Peterson - Property Managemey ital Plaza et X 78102.5384 ✓U #244 3 ARM BURLINGTON NORTHERN RAILROAD AAMN TITLE SERVICES & FIELD SUPPORT CERTIFIED MAIL July 18, 1994 Mr. Gary Wiggins CITY OF AUBURN 25 West Main Street Auburn, Washington 98001-4998 14 /j-W p s 3300 Continental Plaza 777 Main Street Fort Worth, TX 76102-5384 ✓(j 817-333-1405 C U^' ~i" ",Zlle RE: EASEMENT TO THE CITY OF AUBURN Dear Mr. Wiggins: Enclosed for your further handling signed on behalf Burlington Northern Railroad Company is the easement agreements with the City of Auburn dated July 15, 1994, granting the City an easement for highway improvements to Auburn Way South where it passes beneath Railroad Bridge No. 102.1, located in Auburn, Washington. After recording, please furnish me with a copy of the recorded easement by using the enclosed return envelope. Do not hesitate to call me if you have any questions or concerns. Sincerely, R. E Wilhelm Manager, Title and Closing Enc. File: BN 10958 Auburn, WA cc: R. D. Peterson - Property Management - Seattle, WA #244 3,