HomeMy WebLinkAbout7104070265 BRIDGE EASEMENT 040771
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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
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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
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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.
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BURLINGTON NORTHERN INC. `
Vice Pre ident
Attest:
ecretary
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CITY OF A URN ,
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By \Z-14
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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.
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