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HomeMy WebLinkAbout5158409 STREET EASEMENT 050453~I 4 VQL40.36 PAGE114 W- R.11- 6296 14535 ' V~11J~fi$o le in V NORT-HERN PACIFIC RAILWAY CON1'ANY, a Wisconsin corporation, ereinafter called the Railway Company, for and in consideration of One Dollar 01.00} . to it paid and the agreements herein contained, hereby grants to CITY OF AUBURN, a municipal corporation of the State of Washington, hereinafter called the City, an easement,to use for public-street purposes, including a grade crossing over, the Railway Company's track, and for no other purpose, the following described premises, situated in King County, State of Washington, in or near the City of Auburn: That portion of Government Lot 14 and of the SE14Sa of Section 18, 8IUe-print Township 21 North, Range 5 East, W.M., lying within 50 feet from on file in the center line of the main track of the Railway Company's Main Vault. Line as now constructed and within 30 feet from a street center line making an angle of 87055' in the northeasterly quadrant with said track center line and intersecting said track center line at engineers' station 12204+04. in said track center line. Blue-print The above-described premises are indicated by red color on the on file in Railway Company's drawing dated Jan. 27, 1960, revised March 14, Vault. 1960 and March 30, 1960, identified as Exhibit "A", attached hereto and made a part hereof. This easement is granted upon the following terms, conditions and provisions: 1. The permission hereby granted is subject to easements, permits, leases and licenses heretofore granted by the Railway Company upon, across or along said pre- mises. 2. The Railway Company reserves the right to maintain, reconstruct and relo- cate its existing tracks and to construct, maintain, reconstruct and relocate such additional tracks as it may deem necessary and also the right to make any other use of said premises not inconsistent with the grant hereby made. 3. The City shall not grant to any person or company permission to construct or maintain any public or private utilities or facilities on any portion of said premises, the Railway Company hereby reserving to itself the right to grant such permits provided such utilities or facilities are so located as not to interfere' with the use of said street for public travel. 4. The City agrees at its sole cost and expense to provide adequate drainage of the Railway Company's property in connection with construction and maintenance of said street, to reimburse the Railway Company for any and all expense incurred or loss or damage sustained by the Railway Company by reason of any failure of the City to provide such drainage and to indemnify and save harmless the Railway Com- pany from any claims of third persons on account of the City's failure to provide such drainage. 5. The City shall bear all of the cost of constructing and maintaining said street except the cost of maintaining such portion as the Railway Company is re- quired by law to maintain. 6. It is understood that the details of installation of automatic signals and gates at said crossing will be covered by an agreement between the Railway Company and the State of Washington. If in its exercise of this easement the City desires relocation or alteration of said signals or gates the City shall bear the cost thereof. 7. The City agrees to keep the above described premises free and clear from combustible materials and to out and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such i~equency as to comply with state and local laws and regulations and abate any and all hazard of fire. - 1 - . VOL400~6 PACE115 8. The City agrees that in removing snow from said street it shall perform said work in such a manner so as not to deposit the snow on the roadbed and tracks of the Railway Company. It is understood that the Railway Company in maintaining its line of road may deposit some snow on the street, and in the event of such occurrence the City agrees to remove the snow at its expense. 9. The City shall pay any and all costs of protecting or flagging such trains Cn as may appear necessary to the Railway Company during reconstruction, repair or maintenance of said street. Qr, 10. The Railway Company shall not be liable or assessed for any of the expense V) incurred hereunder by the City. U. The City agrees to indemnify and save harmless the Railway Company and any other railroad company or companies lawfully using its tracks from any and all loss, cost, damage or expense arising out of work performed by the City or its contractor in constructing and maintaining said street, regardless of whether such loss, cost., damage or expense arises out of damage to or destruction of the property of the Railway Company or any person, firm or corporation, whatsoever, or out of claims for personal injuries or death. 12. In the event that said premises shall at any time cease to be used by the public as a street or shall by operation of law or otherwise become vacated or abandoned, the rights and benefits to the City under this agreement shall immediately cease. Dated this day of 19606 NORTHERN PACIFIC RAILWAY COMPANY, By Vice rPsid Atte /s Secreta Accepted: CITY OF AUBURN By r Attest., City Clerk - 2 STATE OF MINNESOTA ) ( ss County of Ramsey ) On this a? day of X 1 1960, before me personally appeared E.. B. STAN to me kn ~ to be a Vice President and Z M Gottschald , to me known to be Secretary of the Northern Pacific Railway Company, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Northern Pacific 1l~ Railway Company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said Northern Pacific Railway Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written, 1 , yC 1 % riled tor Record '.0quest of ROBERT A. MORRIS, County Auditor -3- J: W. TRAY /117, Public, Rams95 Co ty, Minn. Commission Expir 1964 . .v. ems.... 4,0k 3 13 2- C; 00