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HomeMy WebLinkAbout8912120368 WATER AND SEWER EASEMENT 121289tP V CLIRKI OPPICE CITY of AUBURN 25 Walt Main uburn, WA 88001 E A S E M E N T (CORPORATE FORM) N 1)~- l KIDS Property, A Partnership , do hereby grant and convey to the City of Auburn, a Municipal Corporation, an easement over and across, upon and underneath, the following described land for ingress and egress and for the purpose of laying, maintaining, and installing on a water main, two fire hydrants, a sanitary sewer and manhole C~} M 89 --'1 :2 4 12 0 RECD F 6. act- N said land being described as: RECFEE 2.00 C1 CA5H5L 8 « Ott ,P S5 See Exhibit "A" C7') u.. i ' C= . Z EXCISE 'rAX NOT ~ I+1 (.r1 ~ Co- ty h O ~y ro8 ulV~~fQft sp G] Cy} o~d U W w -n, C? h C) LLJ C1 IN WITNESS WHEREOF, said corporation has caused this instrument to be exe- cuted by its proper officers and its corporate seal to be hereunto affixed this 15th day of November, 1988 By resident Secretary STATE OF WASHINGTON) ) ss. COUNTY OF KING } On this _16th day of November. 1988 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared David Gorge Poll art and Geol;ge W. Akers to me known to be the President and Secretary, respectively, of KIDS Property, A Partnership 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 t hp authorized to execute the said instrument and that the seal affixed isythe cor- porate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC IN AND FOR E STATE OF WASHINGTON, RESIDING AT Auburn, W a. _ My commission expires 2/3/90 F.XNTRTT "A" Beginning at the Northwest corner of the following described parcel: The East 500 feet of the West 536 feet of the Northwest Quarter of the Northwest Quarter of Section 12, Township 21 North, Range 4 Last, W.M., in King County Washington; EXCEPT the South 60 feet thereof; and EXCEPT the North 742.12 feet thereof. Also known as Lot 3 of SP-3-86. thence Southerly along the West property line of said parcel 71 feet to the true point of beginning; thence S 88°48'33" E 179 feet; thence N 01°11'27" E 33 feet; thence N 88°48'33" W 10 feet; thence N 01°11'27" E 30 feet more or less to a point on the North property line of said parcel; thence Easterly along said North property line 25 feet; thence S 01°11'27" W 207 feet; thence S 88°48'33" E 37 feet; thence S 01011'27" W e~ 22 feet; thence N 88°48'33" W 15 feet; thence N 01° 11'27" E 7 feet; thence N 88°48'33" W 37 feet; thence N 01°11'27" E 145 feet; thence N 01°11'27" E 179 feet more or less to a point on the West property line 15 feet Southerly of the true point of beginning; thence Northerly 15 feet along said West property line to the true point of beginning. Together with the following: Beginning at the Northwest corner of the above described parcel; thence Southerly along the West property line of said parcel 160 feet to the true point of beginning; thence S 88°48'33" E 25 feet; thence S 01°11'27" W 15 feet; thence N 88°48'33" W 25 feet more or less to a point on the West property line of said parcel 15 feet Southerly of the true point of beginning; thence Northerly 15 feet along said West property line to the true point of beginning. v~. Y'('.~rL ~'~(.,,7 , : y' ^ y`- t t •'4• .fl~~,''~.. r , T t =f t ~ 7 1 .e~" S'+.. t. t`}~ L!. Ii y ',r~'• 01~ t 4 AREA CODE: 7. . DEPARTMENT : ' r4 - r i ' LO ' " " 0 .N. W. St 6 CATION 601 C ' ' ' l' , 1 1ra',I . PURPOSE Installing a ;raterline, .firs hydrants and appurtenances: NA ~.a 4 GRANTOR: TAC-S 'Inc A DATE ISSUED: April 7; 1978 t11 ' _ v 3 r ' DATE RECORDED: April 14, 1978 King County Auditors. File No 7804141048 ' L { LEGAL DESCRIPTION: A 15 'ft wide easement :Zyg 7.5; ft each side of the foll. ;desc. centerlines 4 Parcel 1 Commencing at the.S 114 cor.of sd Sec 12; th al g the S In of-sd Sec 12, S 86109'44" . E 1588.06 ft'.to the W1y r/w In of "C" St: th alg sd r/w.in N 00°.53'54" E, 181.00.ft'. tap hereafter refer-red-to as"Point A", th contg alg sd r/w-ln N 00153'54":' E,' 172.39' ft to the TPOB of the c/1' herein desc, th pllw sd S 1n of sec 12, N 86009144" W, .13.4.00•:ft, rY?? ' to a pt hereafter referred to as "Point Bth contg N 86°09'44" W, 408.00 ~ft. tap hereafter referred to as "Point C"; th contg N 86°09'44" W, .338.13 ft; th N 80°30'20":-,.'- W 527.57 ft; th N 86009144" W, 57 ft m/l to'a 16" water main which lies wi thin "H" St., vacated. Parcel 2 Commencing at pt: A as hereinbefore desc; th N 86°09"44".W, 20.00 ft. to the -terminus', : of this c/l description. ' ..Parcel 3 Commencing at Faint B as hereinbefore desc; th N 3°50'16" E, 7,5 ft to the TPOB of the c/l herein cescribed;-th Contg N 3°50'16" E26,50 ft to the terminus o f this.. c/1 description. Parcel 4 Commencing at Point C as hereinbefore described; th N 3050•116" E, 7.5 ft to the'TPOB". ' of the c11 herein described;. th contg N 3°50'16" E,•92.50 ft m/l to the N boundary,ln . of Lot 2 of Short Subdivision recorded under King County Auditor File. No. , 7703250520,. being the terminus of the;c/'1 description. I. _ Y TYPE OF DOCUMEN1". EASEMENT a CITY OF AUBURN AGENDA BILL APPROVAL FORM Agenda Subject: Date:February 1, 1990 Resolution No. 2038 Department: Attachments: Budget Impact: Public Works Resolution & Easement Administrative Recommendation: Introduce and adopt Resolution No. 2038. Background Summary: Resolution of the City Council of the City of Auburn, Washington, approving an easement to Pacific Northwest Bell for communication line and equipment. REF. 0205W-6 UV. _A*3- Wes`' Reviewed,by Council Committees & Commissions: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: _ Airport _ M&O Hearing Examin. Finance _ Building _ Mayor Human Resources Municipal Services Cemetery _ Parks T Library Board Planning & CD Finance Personnel Park Board X Public Works _ _ Fire Planning _ Planning Conn. Legal Police _ Other Library X Public Works Approved _ Call for Hearing Referred to Until Committee Approval Yes No_ Tabled Until CounciLmember: K urle Staff: Currie Meeting Date: 02/05/90 Item Number: VII.B.6 Page: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 RESOLUTION NO. 2 0 3 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AN EASEMENT TO PACIFIC NORTHWEST BELL FOR COMMUNICATION LINE AND EQUIPMENT. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. APPROVAL. The City Council hereby approves the grant of an easement to Pacific Northwest Bell under the terms and conditions of the Easement attached to this Resolution, designated Exhibit A and incorporated by reference. The Mayor and City Clerk are authorized to execute the easement. Section 2. RECORDING. Upon signing and approval of the Easement by the Mayor and City Clerk, the City Clerk shall have the Resolution and Easement recorded in the Office of the King County Auditor, Records and Elections Division. The City Clerk shall have a conformed copy of the recorded documents sent to Pacific Northwest Bell after recording. Section 3. AUTHORITY. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 2038 January 25, 1990 Page 1 1 2 DATED and SIGNED this 5th day of February, 1990. 3 4 5 6 7 8 9 ATTEST: 10 11 CITY OF AUBURN M A Y O R 12 Robin Wohlhueter, City Clerk 13 14 APPROVED AS TO FORM: 15 17 18 19 20 21 22 23 24 25 26 Margudrite Schellentrager City Attorney Resolution No. 2038 January 25, 1990 Page 2 G020A 19131 EASEMENT Job R. E. KNOW ALL MEN BY THESE PRESENTS: R/W Reference For and in consideration of Mutual Benefits the undersigned. hereinafter referred to as Grantor(s), hereby grants a perpetual easement to Pacific Northwest Bell Telephone Company, a Washington corporation, its successors and assigns! hereinafter referred to as Grantee, with the right, privilege and authority to place, construct. maintain, inspect, reconstruct, repair, replace, remove and keep obstacles dear Ir Grantee's facilities consisting of underground communication lines and above ground ca~iinets ~ and other appurtenances as the Grantee may from time to time require over, across, upon and under the hereinafter described c property situated in King County, State of Wash, ngton and is described as follows: ro Mro Beginning at the Northeast corner of said Donation Land Claim; thence South 4 0°22'00" East along the East line thereof 359.255 feet; thence South 89°52'00" Lm West 455.91 feet, more or less, to the East line of that tract conveyed to the f A b b d d d d d A dit ' Fit N 5432797 th North a n u 4 City o u urn y ee recor a un er u or s e o. ence 0°20'00" West along said East line 329.255 feet to the South line of 30th Street Northeast as conveyed to City of Auburn by deed recorded under Auditor's File No. 5492372; thence North 89°52'00" East along said South line to the point of beginning; except that portion lying Easterly and Northeasterly of the Easterly and Northeasterly right of way line of State Highway No. 5 as conveyed to the State of Washington by deed recorded under Auditor's File No. 5918246; Situate in the City of Auburn, County of King, State of Washington. * Puget Power. (OVER) Grantee shall at all times have the right of full and free ingress to and egress from said property described above, with the understanding that Grantee shall be responsible for all damage caused to Grantor arising from Grantee's exercise of the rights and privileges herein granted. Grantor reserves the right to use the easement for any purposes as long as not inconsistent with nor an Interference with the rights granted Grantee herein. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. In witness whereof the undersigned has executed this instrument this day of '19 Witness: ATTEST: By: Robin Wohlhueter, City Clerk BOB ROEGNER, Mayor APPROVED AS TO FORM: Marguerite Schellentrager, City Attorney (IndkWuet AckrrowNdpoment) State of County of On this day personally appeared before me (Corporate Acknordedpernent) State of WASHINGTON 66 as Counlyot KING known to me to be the individual who executed the foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, lot the uses and purposes herein mentioned. Given under my hand and official seal this day of , 19 On this day personally appeared before me BOB ROEGNER and ROBIN WOHLHUETER whodidsayhe/she is the Mayor and rir„ rle k of the corporation that executed the loregoing Instrument, and acknowledged said Instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath staled that they rims/were sulhoriled to execute said instrument on behalf of the corporation. Given under my hand and official seal this day of 19 go Notary Public in and lot the State of residing at My commission expires: Notary PutAcinandforlheSiateol Washington residing at My commission expires: r 9 33 2 zz 0 z M mi y Said easement being described as follows: n ~Q T i4 Beginning at the Northeast corner of J.A. Lake Donation Claim #41: thence South along the East line a distance of seventy-five feet (75.37) to the true j point of beginning; thence South along the East line a distance of thirty-five feet (35'); thence at a right angle to the West a distance of ten feet (10'); thence at a right angle to the North a distance of thirty-five feet (35'); thence at a right angle to the East a distance of seven feet (7'); thence in a Northwesterly direction fifty-two feet (52') to the South margin of 30th Street Northeast; projected westerly thence East along the South margin of 30th Street a distance of three feet (3'); to the Northeasterly right of way line of State Rd. No. 5; thence Southeasterly along said Northeasterly right of way line a distance of fifty-two feet (52') to the true point of beginning. This easement is restricted to communication cabinets sixty-eight inches (68") in height as measured from the top of the concrete pad. Grantee hereby covenants and agrees to protect, indemnify and hold the Grantor harmless from any and all damages, claims, costs or liabilities which may in anywise come against the Grantor by reason of injury to third persons or to the property of the Grantor, which results from, is caused by or arises out of the exercise of any rights hereunder. In the event that the Grantee abandons the property herein described for a period of six (6) months, the easement hereunder shall revert to the Grantor. ASSIGNMENT PERMIT NP 97317 AGREEMENT, made this 1st day of FEBRUARY, 1990, between BURLINGTON! NORTHERN RAILROAD COMPANY (formerly BURLINGTON N R HERN INC.), a Delaware corporation; hereinafter called "Burlington"; CITY OF AUBURN, 25 West Main Auburn, WA 98001-4998 hereinafter called "Assignor" and METRO R /W Property Department Exchange Building 821 - 2nd Avenue Seattle, WA 98104-1598 hereinafter called "Assignee": Assignor and Assignee desire that the Assignor's interest in all existing Agreements listed on Exhibit "A" attached hereto and made a part hereof be assigned to Assignee and that Burlington consent thereto. NOW THEREFORE, the parties hereto, in consideration of their mutually dependent promises, hereby agree as follows: 1. For a valuable consideration, the receipt of which by Assignor is acknowledged, Assignor sells, assigns, transfers and sets over to Assignee all of Assignor's interest in and under said Agreements as the same may have heretofore been amended or modified by any supplemental Agreement. 2. Assignee assumes and shall perform and be bound by all the terms, conditions and provisions of said Agreements as the same may have heretofore been amended or modified by any supplemental Agreement, and Assignee shall use said premises for the purposes specified in said Agreements. 3. Burlington consents to the Assignment frcm Assignor to Assignee provided that such consent shall not be construed as consent to any further Assignment of said Agreements. 4. This Assignment shall be effective as of 1974. (Date of SALE) 5. Prior to completion of this instrument a processing fee of FIFTY DOLLARS ($50.00) shall be paid to Burlington for each Agreement shown on the attached Exhibit. EDGIEBIT A jan129Od3D1 IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first above written. Witnesses to Execution by Assignor: Witnesses to Execution by Assignee: BURLINGTON NORTHERN RAILROAD COMPANY By Division Engineer_ CITY OF AUBURN By Title METRO By- Title janl290d3O1 CITY OF AUBURN COUNCIL MEETING February 5, 1990 MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 2035 03.5 PLT0007-89 A Resolution of the City Council of the City of Auburn, Washington, approving the preliminary plat of Riverbend Estates located on the South Side of 52nd Street N.E. (SO. 277TH) And East of "1" Street N.E. (if Extended), within the City of Auburn, Washington. Motion by Councilmember Burns, second by Councilmember Brothers, to introduce and adopt Resolution No. 2035. MOTION CARRIED UNANIMOUSLY 7-0. 4. Resolution No. 2036 03.4.1.17 A Resolution of the City Council of the City of.Auburn, Washington, authorizing the Mayor and City Clerk to execute a mutual agreement to amend agreement for services with Otto Rosenau and Associates. Motion by Councilmember Kurle, second by Councilmember Brothers, to introduce and adopt Resolution 2036. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Resolution 2037 04.5.1.3 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an assignment agreement between the City of Auburn and Burlington Northern Railroad Company. Motion by Councilmember Kurle, second by Councilmember Burns, to introduce and adopt Resolution 2037. MOTION CARRIED UNANIMOUSLY 7-0. 6. Resolution No. 2038 A 3.13.2 A Resolution of the City Council of the City of Auburn, Washington, approving an easement to Pacific Northwest Bell for communication line and equipment. Motion by Councilmember Kurle, second by Councilmember Brothers, to introduce and adopt Resolution 2038. MOTION CARRIED UNANIMOUSLY 7-0. 7. Resolution 2039 A3.7.1 A Resolution of the City Council of the City of Auburn, Washington, repealing Resolution 1920 passed January 3, 1989, and creating a new PAGE 8 IRRIGATION CANAL, DRAINAGE CANAL, WATER PIPE OR SEWER PIPE PERMIT. Jt W/C::--Car. R. W. 17 5.64 No. x;7^.'17 NORTHERN PACIFIC RAILWAY COMPANY, hereinafter called Railway Company, hereby permits ^T'i'! 1 Inunic:ipa! car; era*. tn : Stmt m,t,c^, maintain the following facilities upon its right of way hereinafter called Permittee, to construct, operate, and 42-i.nel ct' xa t'o, '.ts Scatt,h Lire and beneai:'. 'its tracks "n Javier Like Donati'-- lznd '-lair: .icc cr. inr.r:}:i.•' 21 4'- East, ':.i.., in the Cit," r>;: i" nr, -'t.;It= rnalcirr• an ar-le of 13030t is the e;ol,!thwer.ter]•, rnrac'.rant, the ct'ntrr 1 he i ,:aiLta;' C=p mils east becru I:lain t•r2.cl: (erestorl_- ii,.t:ir. tract:) as ri':, constructed and interrectin!- saic center lire aL a roi.r.t therF;_., di;;tact a,)nroy_imately 62 feet scrtherl,,, meask:rec! alor.!- s2i:. center line, from Ale Port 20 (which mile post i, 1;.27 feet soutlierl, r,.easured al=E! said center line, }.'rot! the north lint el' sair, secticn). This permission is given upon the following terms: 1. Permittee will pay In advance to Railway Company for this permit the sum of fort'r' fiVe and no/100 dollars (t45 00)'for the first 5-~year period; and=:twenty and.no/100 dollars (;;20.00) for each 5-yesr"period'.thereafter, also all tomes and asses ements.that may be levied or assessed against said facilities, Railway Company reserves thq right to change.the said charge of any time while this permit remains in effect upon thirty,(30) days' written notice. This provision for payment sholl in no way restrict Railway Company's right of termination under Paragraph b-hereof. . • - ' 2 (a) The entire cost shall be borne by.Pormittee, including but not limited to the cost of construction, reconstruction, repair, operation, maintenance, and removal of said facilities. The Division Superintendents of Railway Company w111 decide what portion if any, of the work will be dane by Railway Company, and for such portion Permlttee will pay Railway Company the estimated cost be-. fore the.work is done.•If the actual cost exceeds the estimate, Permittee will pay the additional amount when called upon; if thi actual cost is less than the estimate, Railway Company will repay the surplus. All work hereunder by Permittee shall be done in a•' First-class workmanlike manner to the satisfaction of the Division Superintendent of Railway Company and in accordance with plans and specifications which he may prescribe or approve. The Division Superintendent of Railway Company shall have the right at any time when in his judgment it becomes necessary or advisable, to require any material used in the work to be re laced with like material or with material of o more permanent character; also to require additional work or change of location of said facilities oe a matter of safety, or of oppptaronce,.or an account of additional tracks being laid, change of grade thereof, construction of o building, or for any ether reason wFte ther or not connected with the operation, maintenancs, or improvement of the railroad of Railway Company, all of which'sholl be done at the expense of*Permittee in the manner herein provided. (b) In the event that at any time hereafter any changes, alterations, or relocation of said facilities hereby covered are to be made or any other work of any kind is to be done in connection with said facilities, whether of the request of Railway Company or for any cause whatever, Railway Company may require the furnishing by Permittee or its contractor of insurance satisfactory to Railway Com- pony to protect it against any loss or damage in any way arising out of or in any way connected will, the work. (c) In the event Railway Company deems it necessary to provide either flagmen or inspectors, or both, during the period of con- struction, reconstruction, repair, operation, maintenance, and removal of so id facilities by either party as providc4so gro h 2 (a), Permittee shall bear the expense incurred by Pailway Company for such flagging or inspection service. Rowill notify Permittee of the estimated cost of such flogging or inspection service, and Permittee will pay such esel cost inthe same manner as provided for in Paragraph 7. (a). 3. (a) Permi nee ogress that said facilities shall net at any time damage the railroad of structures of Railwe C is menace to the safety of its operation, and to indemnify and save harmless Railway Company from all lass and dam eke, roadbed, structures, rolling stock, and other property of Railway Company and property of third persons, and from ideath of persons, including employees of the parties hereto, occasioned by the exercise of the permission hereby granted. (b) Permittee hereby further agrees to hold hornless and indemnify Railway Company from end against any and all loss or damage to said facilities, the instal lotion of which is hereby permitted on the promises of Railway Company, 4. It is.ogreed that the provisions of Paragraph 3 are for the equal protection of any other railroad company or companies hereta« fore or hereafter granted the joint use of Railway Company's properly of which the premises upon which said facilities ore located are a part, 5. Permi»ee shall not transfer or assign this permit without the written consent of Railway Company. 6. This permit shall endure until terminated by Railway Company. Railway Company reserves the right to terminate this permit of any time upon the giving of n)'rety (9n) days' notice, either by personal delivery or by moil, or by the posting of notice on the premises. Upon the expiration of the time stated in any such notice, Railway Company forthwith expel Permittee from its premises; and at the and of the permit Permittee shall restore the premises of Railway Company to their former state. IJpon termination of this permit any unearned portion of the annual charge paid hereunder shall be refunded, 7. This permit is granted subject to permits, looses, and licenses, if any, heretofore granted by Railway Company affecting the promises upon which said facilities are located. 8. Said facilities shall be constructed, reconstructed, repaired, and maintained in accordance with the specifications hereto attached, marked Exhibit "A" and made a port hereof, IN WITNCSS WHEREOF the parties have executed this permit this ];~tI day of ,u.I.' 1966. NORTHERN PACIFIC RAILWAY COMPANY, ~~JY !;;tC_. •G,' ..;rl5R'r._. F.Vr':7C1` _.`t Witnesses to signature of Permittee: ~l'''_+~' rr.: ~'r•~: ~.I. EXHIBIT B q. The Permittee sha'.1 bear the cost of: (a) .':ny c2:an,,ec:, :Linludin- but not 1:im;ted to any temporary ('.hanl~e • and permanent rest.oretior., ii::i~:ilway C.:)rr,lany's commimication or ;ienal line made necessary by the exercise of thin pcrinit. (b) Such engireerinl, inspector as the (.ai.lway Company may deta 1. to oh- serve ccnstrretion of the faci.lit.ien. (c) All flag protection and supervisian deemcd. necesoar by the !'.ailway Company during construction o!' the facilities. 10. The Railway Comnar- rr:ncrvri-? the r5fht to unc, and to permit otlcr pa:rti.es" to use the land in the ab^ve-;+escribed locations for any any' all purposes nat. incon- sistent with the exercise of this permit. 11. The Permittee a,•rees that. an; contract which it shall let for the c~nstruc- tion of the facilities on said right of way shall provide as follows: (a) The Contractor shall indemnify and save harmless Northern Pacific iiail- way Company from any and all claims, suits, losses, damages or expenses on account of injuries to or death of any and all persons whomsoever, including the Contractor, subcontractors and of said R.-lil.way Company and any and all. property damage, arising; or growing out of or in any manner connected with the work performed under this con- tract, or caused or occasioned in whole or in part by reason of the presence of the person or of the property of the Contractor, subcontractor, their employees or ants, upon or in proximity to the property of said Railway Company. (b) Me Contractor further agrees that it will defend, at its own expense'-, in the name and on behalf of said Railway Company all claims or suits or injuries to persons or damage to property arising or prowi.ng out of the work carried on under this contract, for which said Railway Company is liablb; or is alleged to'be liable. (c) The Contractor shall carry regular Contractor's Public Liability Insurance providing for a limit of not less than 4500,000 for all damage arising out'of the, bodily injuries to or death of one person, and subject to that lir.dt for each person, a total limit of 41,000,000 for all dar.2ges arising out of bodily injuries to or death of two or more persons in any one accident, and for a limit of.not lest tban w500,0C0 for all damages arising out of damage to or destruction of property in any one accident, and subject to that limit, a total (or aggregate) limit of X1,000, 00 for all damages arising out of damage to or destruction of property during t licy period. All such policies, and endorsements thereto, shall be executed b ra- tion.qualified to write the same in the State of Washington, shall be by said Railway Company as to the insurance company writing same, the amo t m and substance thereof. The Contractor shall procure and furnish to said Rai ay Company, prior to the entry upon or use of said Railway Company's property by the Contractor, the insurance policy, or in lieu thereof a certified copy of such policy, together with an endorsement thereto, under the terms of which the insurance company insures the liability assumed by the Contractor hereunder, substantially in the form of. Special Endorsement, attached hereto and made a part hereof. -STECIAL ~-NDOiCiM:211T (Northern Pacific Hai.li-av Company) In cortideration of the premium at. winch tars policy Is writter.y it 1s agreed thato 1, Any exclusion cr r,royislon appearini; in this policy or in ara}.- endorsement attached thereto,: eliztlmatinj, eoverw,..e for an. obltPatior or liability assumed by the insured under any contract or agreement or for da,:ar;e or L-►3ur^f to or destrnetior of propert7 occupied or used by, or in the care; custody or zcntrol Of the insured 3,a deletecD but only a; -espeets that contract eene' red into between CITY 1Y AUBU?I-! dated and the inauring agreemente are nareby extended to cover the obligations assumed by the contractor under the terms of the followuip, provxstoas of said contracts "The Contractor shall, inder--dfy sad save ksarMleaa the Northern Pacific Railway Caempmay fray any and all claim ; suits, losces damages or expenaes = account of injuries to or death of any and all persons t3=.tioevers including, the Contractor, eubcon- tractors., aVloyees of the Contractor, subcontractors and of said Railway Compaays and an,,, and all property damages wising or grow te, out of,, or in any manner connected vdth the work }corm formed under this contract., or caused or oecanioned in whole or in' part by reason. of the presemca of she person or of the property of the Contractor; 6ucx.w.Lr:.ecr~Ks•, their emp:oyees or agents., upon or in proadrd.ty to the property of said Railway OoWanya "The Contractor furt..ht: - a reeer *hat x will defends at i.te oral expennop in the name r.;id or. behalf cf iaid Railway C ort.p.suys ali clauis.o or suits for isitztes to persona or damage tc property arlsUg or growaW, out of take -work oerried on under this contract., for *e ch said Hallway 4,r*"4-..is liable;: or Is alleged to be liable„W 20 Tte Northern Pacilv.c Railway Gonpany and any other railro y or oo,rpanies heretofore or aerenft.•.r ,-,Anvid the )oir,t. usn Aortbern Pacific Railway ~,a.pany-s property are named as ar t , inaursde under this po licy,, tats or.1y as ireapecte the cove equirctcl by the aoove contract. 30 the cancellatton period provided for under thia poluy shall be extended to V daysp but only as respects the coverage required by the above contract. NORTTWIM PACIFIC RAILWAY ;;OMPANY EXHIBIT "A" Specifications for Sewer, Irrigation and Drain Line Crossings under Railway Tracks. 1. Sewer, irrigation or drain lines passing under railway tracks shall be placed with top of pipe not less than five feet below base of rail; and top of pipe not lose than three feet below bottom of roadway ditch. 2. Pipe, within 21 feet plus the depth of pipe, shall conform with one of the following: .Cast Iron Pipe Extra Heavy, AS1h1 A-142-38. Concrete Pipe ASTM C-76-57T Class TV, Wall 8, circular reinforcement in circular pipe, for pipes installed with less than 15 feet be- twuer, top of pipe and top of Lie. ASTM C-76-57'1' Class 'V, Wall C, circular reinforcement.in circular pipe, for pipes installed with greater than 15 feet between top of pipe and top of tie. Corrugated Metal Fine Gauge and coating subject to review by Railway Company. Other pipe material may be used on special approval of the Railway Company. 3. For a distance of not less than 21 feet plus the depth of pipe each side of the center line of track crossings, the joints in the'pipe line shall be provided with suitable jointing material to make a water-tight connection and of such material'that these joints will remain tight under roadbed loads and impact. 4. Irrigation pipe line crossings and syphons shall be provided throughout their length with water-tight joints capable of resisting the hydrostatic pressure under which they are to operate. Either lock joint, copper strip, or rubber band type of standard make will be satisfactory for concrete pipe syphon. Plans for syphons which are to operate at greater than a pressure of ten pounds per square inch shall be subject to special review by Railway Engineering Department. 5. Under certain conditions the Railway Company may require the use of an encase around the carrier pipe. 6. Where warranted by special local conditions the Railway Company may require 10emergency by-pass or waste-way within effective distance of the crossing. 7. Where laws, codes, or orders of competent public authority prescribe a higher degree of protection than specified herein, then the higher degree of protection so prescribed shall be deemed a part of the specifications set forth in this Exhibit. bH ~ Transition Subgrade H -1 Cut-Off Wall 5'Min-`e Note 1 -3'. .'f4'-Syphon Crossing Min Waller Tight Joints Carrier Piped Provide Water Tiaht Joints E Extra 5trenoth Pipe TYPICAL SKETCH OF PI PE LI N E GROSS I NG FOR SEWER, DRAIN, OR IRRIGATION LINES i c cC) N 0 -cr a d Q a a N b a Office of Chief Engineer St. Paul, Minnesota November 1, 1959.