HomeMy WebLinkAbout9410110900 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
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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
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shown cross-hatched on the attached Exhibit `A' and by this reference
r„f made a part hereof.
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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
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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.
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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.
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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:
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BY
ictoria H. Vasquez
Assistant Secretary
BN 10958 - Auburn, WA
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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
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Cam. EO. CEC. Z).10
BN 10988-Auburn, WA
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APPROVED
APPROVED
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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
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BURLINGTON NORTH
Av&ia
TITLE SERVICES& I
CERTIFIED MAIL f
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July 18, 1994
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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.
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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^'
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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
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