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HomeMy WebLinkAbout7104070265 BRIDGE EASEMENT 040771 I lf~ -10 r1.1 f~, . `OAT' O' E A S E M E N T W-16o57 BURLINGTON NORTHERN INC., a Delaware Corporation, hereinafter collectively called Railway Company, for and in consideration of Two Hundred Fifty and no/100 Dollars ($250.00), and the agreements herein contained, hereby grants to the CITY OF AUBURN, a municipal corporation of the State of Washington, hereinafter called Grantee, an easement to use for highway purposes, including an overhead highway bridge, the following described premises situated in King County, State of Washington: That portion of the NEk SE} of, fFf Township 21 North, Range 4 East, W.M., as illustrated in red color an the Railway Company's print dated January 27, 1971, Rev. 2-16-71, identified as Exhibit "A", attached hereto and made a part hereof. This easement is subject to the following express conditions: I The Railway Company, for itself and its successors and assigns, reserves all rights to use the property hereinbefore described for any and all purposes whatsoever not inconsistent with the easement hereby granted, including, but not limited to, the right to construct, maintain, repair, renew, reconstruct, replace and operate present tracks and future tracks, communication, signal electric power pole, private and public lines, utilities and other types of facilities on said Otopeerty when deemed necessary or expedient to the Railway Company. Rights reserved shall be so exercised as not to damage or interfere with the highway as above defined. This easement is subject to all existing interests of third parties in.said property of any kind of nature whatsoever and any and all extensions or renewals thereof. II The Railway Company shall have the right to fasten signal apparatus, telegraph and telephone wires to said overhead bridge. III It is understood that the details of construction and maintenance of said highway and overhead bridge shall be covered by separate contract or contracts between the Railway Company and the Grantee, which are by this reference, fully incorporated and made a part hereof. IV The Grantee is hereby granted the temporary right to use for construction purposes during construction of said highway bridge that portion of Railway Company's property adjoining the above described easement area, as illustrated by green color on said Exhibit,"A", said temporary permission to terminate upon completion of construction. V In the event said bridge shall cease to be used for highway purposes, the Grantee shall forthwith notify the Railway Company of such abandonment, and upon such abandonment shall promptly, at its own expense, remove said bridge and approaches thereto located upon the property of the Railway Company, except such c'- l '1 -1- portions thereof as the Railway Company may request be left in place, upon notice being given to that effect to the Grantee within thirty (30) days following receipt of notification of abandonment. Said removal and cleaning up of the Railway Company's property shall be done to the satisfaction of the Railway Company's Chief Engineer. The Grantee agrees in the event it fails to remove said bridge and approaches as aforesaid, the Railway Company may remove same to the extent it deems desirable and clean up said property, and the Grantee agrees to reimburse the Railway Company for all expense incurred upon presentation of bills therefor. VI CV ' CD f- In the event that said property shall at any time cease to be used by the Q public as a street or highway, or shall by operation of law or otherwise become C3 vacated or abandoned, the easement herein granted shall immediately cease and terminate without notice or other proceedings on the part of the Railway Company, and the Grantee, its successors or assigns, shall reconvey immediately said property to the Railway Company. I Dated this 26 7CC day of , 1971. <kOR".~ 3~ r P• ~.r IN ` ir: ' BURLINGTON NORTHERN INC. ` Vice Pre ident Attest: ecretary ~ tir r. CITY OF A URN , r'. By \Z-14 yt~ yea . My. STATE OF MINNESOTA ) as County of Ramsey ) On this =.Of " ' R• , 1971, before me personally appear d TZ. to me known to be a Vice President and to me known to be Secretary of Burlington Northern Inc. the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Burlington Northern Inc., 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 Burlington Northern Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Q'I +~J Z.L.-'• A IL IL IRMPP, Mfty Public. Rgm"y L'0WIl)1, Minn. -2- lo, ~ +n ry / lo' to r. I r r- r 7 -'r a r z ~w w 1-3 A I. k Sea ~ k l e RC3 , o n ,,Sea We C U hn a, f rU~aUSC'C~ ~QSvm~'nZ -~C5 ~~T~' 01" AuL-u~ n, F'0r I5T4Sj N,E. SC a ~C' ~ /Ud 6 fbc e Mti.9r, E rig S,?c,-& It 27-71 lee -7/ ~Yrm~xneLn ~a~^Semen,~/ S,~GwA P E D C^n. n~TruC.TiUP1 L=GS~'11'~L°'nT ~~D4t>l'X ~ n o L4 tJ C7 lr.. RECORDED von _..N OF PAGE . REQUEST 0-, J 197' AF;, y AM 9 17 C RECORDS & ELCCTIC NS KING COUNTY, 4'1r:SN. to 0 C) 14 O rte- FRI Adi re3s . . . , .