The URL can be used to link to this page

Home My WebLink About8003130539 UTILITY EASEMENT 03138010 JsanDOH 1e WeaH 101 a311� MAIL TO: City of Auburn Auburn, WA 98002 0% 2 t v M , a5- w EASEMENT s RECOWD Tt#S DA l 13 1232 '91 BYTIIE DIVV`�ICO RWWS & ELEOf. . THIS INSTRUMENT made this 28th day of January , 19 80. 0 ca The Grantor, BURLINGTON NORTHERN INC., a Delaware corporation, for and in N consideration of mutual benefits derived, and the agreements herein contained; 0 ,o does hereby grant to the CITY OF AUBURN, a municipal corporation of King County, State of Washington, an easement for public utility purposes, over, upon, under and across the following described property: That portion of Government Lot 3, Section 7, Township 21 North, Range 5., W.M. City of Auburn, described as follows: A 60-ft. strip of land lying westerly of "D" St. N. E. and 30 ft. northerly and 30 ft. southerly of following described centerline: commencing at the intersection of the centerlines of Auburn Way North and 15th St. N. E.; thence North 89016'52" West along the centerline of 15th St. N. E., 818.56 ft. to the northerly produced centerline of "D" St. N.E.., thence South 0052'11" West along the existing center- line of "D" St. N. E. and said centerline produced_860-.9a ft to the point of beginning and the centerline of said 60-ft. utility easement; thence North 89041'35" West 270.0 ft. to point "A"; thence con- tinuing on last described course 30 ft. to the end of said 60-ft. utility easement. Also, a 10-ft. strip of land lying 5 ft. northerly and 5 ft. southerly of the following described centerline: commencing at said point "A"; thence North 0018'25" East 30 ft. to the point of beginning and the centerline of said 10-ft. utility easement; thence North 89041'35" West 650 ft. to the end of said 10-ft. utility easement. This easement is made subject to and upon the following terms. and conditions. Grantor, 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. This easement is subject to all existing interests of third parties in said property of any kind or nature what- soever and any and all extensions or renewals thereof. Grantee shall have the right without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon said property for the purpose of constructing, repairing, altering or reconstructing said public utilities, or making any connections therewith, without incurring any legal obligations or liability therefore; provided that such constructing, repairing, altering or reconstructing of said public utility lines shall be accomplished in syph_4_manner ;.Fat the private improvements existing in this right-of-way shall ''""sarbprmsh3 3 -1- not be disturbed or destroyed, or in the event they are disturbed or destroyed., they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. Grantee agrees to protect, save and hold harmless Grantor from all claims, costs, damage or expense of any nature whatsoever, including attorney fees, M arising out of, in connection with or incident to activities conducted on said Qproperty pursuant to this grant, excepting only such claims, costs, damage or CO expense which may be caused by the sole negligence of the Grantor. Should performance by Grantee of any act under this agreement result in damage to or destruction of any buildings, landscaping, fences or other improve- ments, Grantee shall immediately reimburse the damaged party to the full extent necessary to restore said party to the position he would have held absent said injury. Grantor hereby reserves the right to construct, maintain., use, operate, relocate reconstruct and renew such trackage and other facilities of Grantor as it may at any time and from time to time desire within the said property., and the rights herein reserved shall be and remain superior to the rights of any and all others in said lands, including but not limited to Grantee, successors and assigns who may hereafter occupy said property or extend its or their utilities or facilities, over, under., across or through the same. If any utilities or facilities occupying said property require encasement or any other protection by reason of the existence and operation of any such trackage or other facilities of Grantor, such protection shall be provided pursuant to specifications of Grantor. and the work will be done by said Grantee or any and all others at its or their sole cost, liability and expense. That in the event said property shall at any time cease to be used for public utility purposes or shall by operation of law or otherwise become vacated or abandoned, the easement herein granted shall immediately cease and terminate without notice or other proceedings on the part of the Grantor, and the Grantee shall reconvey immediately said property to said Grantor. This instrument and the covenants and agreements herein contained shall ensure to the benefit of and be binding upon the parties hereto, their suc- cessors and assigns. sarbprm$h3 4 -2- C') Ln co, The Grantor and Grantee herein, by acceptance and recording this easement mutually covenant and agree to the general terms and conditions applicable to the easement described above. ACCEPTED: Dated this 28th day of January 1980 CIl By Ati Date STATE OF MINNESOTA BURLINGTON NORTHERN INC. SS. County of Ramsey ) On this 28th day of January 19 80 , before me, the undersigned, a Notary Public in and or the state of Minnesota, duly commissioned and sworn, personally appeared J.C. xenady and Gei.ahibel to me known to be the Vice President and Assistant Secretary, respec- tively, of Burlington Northern Inc., one of vie corporations 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 were 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. J.W.THAYER Notaqf Public in a d for the NOTARY PUBLIC • MINNESOTA State of Minnes t , residing RAMSEY COUNTY at St. Paul. +��,... My Commission Expires Nov. 17, 1985 X111 F11F, 1111 111nnn VVVVVVVV101VVVVVVnMVx �A l; LiJ I cr t� C) tn r') C) G co N ri 0 10 I'sanbam 18 p10098 101 03111 MAIL TO: City of Auburn - .10 ' as rJ-i Auburn, WA 98002 EASEMENT THIS INSTRUMENT made this 2 8th tr.4_ AL RECORDED THIS DAY` MAR 13 12 32 PM 19 - BYi}4E 0',Vi'--I(; ;; 0 REG.'GR ;S_ 8 ELH'TIONS, r KING GGD' day of January , 19 80. The Grantor, BURLINGTON NORTHERN INC., a Delaware corporation, for and in consideration of mutual benefits derived, and the agreements herein contained; does hereby grant to the CITY OF AUBURN, a municipal corporation of King County, State of Washington, an easement for public utility purposes, over, upon, under and across the following described property: That portion of Government Lot 3, &ct'i 7, Township 21 North, Range 5, W.M. City of Auburn, described as follows: A 60-ft. strip of land lying westerly of "D" St. N. E. and 30 ft. northerly and 30 ft. southerly of following described centerline: commencing at the intersection of the centerlines of Auburn Way North and 15th St. N. E.; thence North 89016'52" West along the centerline of 15th St. N. E., 818.56 ft. to the northerly produced centerline of "D" St. N.E., thence South 0052'11" West along the existing center- line of "D" St. N. E. and said centerline produced 860.98 ft to the point of beginning and the centerline of said 60-ft. utility easement; thence North 89041'35" West 270.0 ft. to point "A"; thence con- tinuing on last described course 30 ft. to the end of said 60-ft. utility easement. Also., a 10-ft. strip of land lying 5 ft. northerly and 5 ft. southerly of the following described centerline: commencing at said point "A"; thence North 0018'25" East 30 ft. to the point of beginning and the centerline of said 10-ft. utility easement; thence North 89041'35" West 650 ft. to the end of said 10-ft. utility easement. This easement is made subject to and upon the following terms.and conditions. Grantor, 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. This easement is subject to all existing interests of third parties in said property of any kind or nature what- soever and any and all extensions or renewals thereof. Grantee shall have the right without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon said property for the purpose of constructing, repairing., altering or reconstructing said public utilities, or making any connections therewith, without incurring any legal obligations or liability therefore; provided that such constructing, repairing, altering or reconstructing of said public utility lines shall be accomplished in supc ,a„manne,r^;tah�a.t the private improvements existing in this right-of-way shall • r,., "sarbormsh3 3 Isis ktOrd and return tm bf Axh,-,vu r`� . not be disturbed or destroyed, or in the event they are disturbed or destroyed., they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. Grantee agrees to protect, save and hold harmless Grantor from all claims, CT� CO) costs, damage or expense of any nature whatsoever, including attorney fees, Lr) CD n arising out of, in connection with or incident to activities conducted on said c7 property pursuant to this grant, excepting only such claims, costs, damage or CD CO expense which may be caused by the sole negligence of the Grantor. Should performance by Grantee of any act under this agreement result in damage to or destruction of any buildings, landscaping, fences or other improve- ments-, Grantee shall immediately reimburse the damaged party to the full extent necessary to restore said party to the position he would have held absent said injury. Grantor hereby reserves the right to construct., maintain., use, operate., relocate reconstruct and renew such trackage and other facilities of Grantor as it may at any time and from time to time desire within the said property-, and the rights herein reserved shall be and remain superior to the rights of any and all others in said lands, including but not limited to Grantee, successors and assigns who may hereafter occupy said property or extend its or their utilities or facilities, over, under, across or through the same. If any utilities or facilities occupying said property require encasement or any other protection by reason of the existence and operation of any such trackage or other facilities of Grantor, such protection shall be provided pursuant to specifications of Grantor, and the work will be done by said Grantee or any and all others at its or their sole cost, liability and expense. That in the event said property shall at any time cease to be used for public utility purposes or shall by operation of law or otherwise become vacated or abandoned, the easement herein granted shall immediately cease and terminate without notice or other proceedings on the part of the Grantor, and the Grantee shall reconvey immediately said property to said Grantor. This instrument and the covenants and agreements herein contained shall ensure to the benefit of and be binding upon the parties hereto., their suc- cessors and assigns. sarbprmsh3 4 -2- Record and return to; Clfy of Auburn ti 0111 Co. Ln 0) +' ) M 0) The Grantor and Grantee herein, by acceptance and recording this easement mutually covenant and agree to the general terms and conditions applicable to the easement described above. ACCEPTED: Dated this 28th day of January , 1980 . CIl By Att Dateai��a STATE OF MINNESOTA ) ) ss. County of Ramsey ) BURLINGTON NORTHERN INC. � 6/v -)—Vice re i en Attest r Secretary On this 28th day of January , 19 80 , before me, the undersigned-, a Notary PubTic in and for the State of Minn6-s—ota, duly commissioned and sworn, personally appeared J.C. Kenady and G.F. Steinhibel to me known to be the Vice President and Assistant Secretary, respec- tively, of Burlington Northern Inc.., one o e corpora ions 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 were 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 daand year first above written. �, ,may J. W. THAYER NOTARY PUBLIC - MINNESOTA RAMSEY COUNTY `...• My Commission Expires Nov. 17,1985 g k1�1►'b'm'halro 3L Notao Public in a d for the State of Minnes &I residing at St. Paul. ;T11. d,,(A 1, ,1iVi•'i I, , ^ N sarbpr�msh3 ,.�5 -3- ' +kRsitM'�;.: .wnr -. A,r.GA .^..... ,.p• ,aA°i a. Record and return to City of Auburn 'A5 West Main Auburn, Washington 98002