HomeMy WebLinkAbout20001005000571 BRIDGE EASEMENT 100500NOV
C17y OF
WHEN RECORDED MAIL TO:
CITY OF AUBURN
25 WEST MAIN STREET
AUBURN, WASHINGTON 98001
6200o
1111111111111111111111
10571
13-A o
E1780193
10/05/2000 09:25
KING COUNTY, sWA 00
SALE $85,233.00 PAGE 001 OF 005
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KNOW ALL MEN BY THESE PRESENTS, that THE BURLINGTON
o NORTHERN AND SANTA FE RAILWAY COMPANY, (formerly Burlington Northern
Railroad Company), a Delaware corporation, whose address for purposes of this instrument is
0 2500 Lou Menk Drive, Fort. Worth, Texas 76131, Grantor, for and in consideration of Sixty :Five
Thousand. Two Hundred Thirty-three and No/100 dollar (565,233.00) to it paid by the CITY OF
AUBURN, a municipal corporation of the State of Washington, Grantee, and the promises of the
Grantee hereinafter specified, does hereby remise, release and quitclaim unto the Grantee, subject
to the terms and conditions hereinafter set forth, an EASEMENT for the construction,
maintenance, replacement, repair and improvement of the 3"' Street S.W. overhead highway
bridge located at Railroad Mile Post 21.60, hereinafter called highway over, upon and across
the following described premises, situated in King County, State of Washington, to-wit:
That portion of The Burlington Northern and Santa Fe :Railway Company's
right of way in the NE'ASE'/a of Section 13, Township 21 North, Range 4 East,
Willamette Meridian, King County, Washington, complete legal description
described on pages 6, 7, 8 and 9, as Exhibit "A" consisting of (4) four pages,
attached hereto and by this reference made a part hereof.
Assessor's Property Tax Parcel Account Number(s):
KWIFIC NW TIT EAS
PAGE 001 OF 009
10/05/2000 10:11
KING COUNTY, WA
RESERVING, however, unto the Grantor, its successors and assigns, the right to
construct, place, operate, maintain, alter, repair, replace, renew, improve and remove
communication lines above, below and on the surface of the premises, including, without
limitation, transmission by conduit, fiber optics, cable, wire or other means of electricity, voice
data, video, digitized information, or other materials or information, pipelines, utility lines, track
and facilities including the right of ingress and egress in any such manner as does not
unreasonably interfere with Grantee's use of the premises for said highway, and further reserving
unto Grantor, its successors and assigns, all right and privilege of ingress and egress to said
premises as Grantor, its successors and assigns may require to investigate and remediate
environmental contamination and hazards, and further reserving the right and privilege to use
said land for any and all purposes not inconsistent with the use thereof for said highway
purposes.
The foregoing easement is made subject to and upon the following express conditions:
1. To existing interests in the above-described premises to whomsoever belonging and of
r whatsoever nature and any and all extensions and renewals thereof, including but not
~ limited to underground pipe line or lines, or any type of wire line or lines, if any.
0
Ln 2. Any and all cuts and fills, excavations or embankments necessary in the construction,
o maintenance, or future alteration of said highway shall be made and maintained in such.
a manner, form and extent as will provide adequate drainage of and from the adjoining
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lands and premises of the Grantor; and wherever any such fill or embankment shall or
o may obstruct the natural and pre-existing drainage from such lands and premises of the
° Grantor, the Grantee shall construct and maintain such culverts or drains as may be
requisite to preserve such natural and pre-existing drainage, and shall also wherever
necessary, construct extensions of existing drains, culverts or ditches through or along the
premises of the Grantor, such extensions to be of adequate sectional dimensions to
preserve the present flowage of drainage or other waters, and of materials and
workmanship equally as good as those now existing.
3. The Grantee shall bear the cost of removal, relocation or reconstruction of any and all
right of way fences, telephone or telegraph poles, or other facilities, the removal,
relocation or reconstruction of which may be made necessary by reason of the use of said
premises for said highway purposes.
4. The Grantee shall, at its own cost and expense, make adjustment with industries or other
lessees of Grantor for buildings or improvements that may have to be relocated,
reconstructed or destroyed by reason of the construction and maintenance of said
highway on said premises.
BNSF 01925 .4uburn, WA 2
5. This instrument is granted according to the terms and conditions of that certain
Construction & Maintenance Agreement between the Grantor and the Grantee dated
June 6, 2000, and made subject to the terms and conditions contained therein.
6. The Grantee or its contractor(s) shall telephone Grantor's Communication Network
Control Center at (800) 533-2891 (a 24 hour number) to determine if fiber optic cable is
buried anywhere on the premises; and if so, the Grantee or its contractor(s) will contact
the Telecommunications Company(ies) involved, and make arrangements with the
Telecommunications Company(ies) for protection of the fiber optic cable prior to
beginning any work on the premises.
7.
If said described premises, or any part thereof, shall at any time cease to be used by said
Grantee, or by the public, for the purpose, as aforesaid, or should they be converted to
any other use whatsoever, or should the Grantee fail to perform any of the conditions
herein expressed, then and in any such event, all the right, title, interest, benefits and
enjoyment of said Grantee, or of the public, in and to said premises, for any purposes
whatsoever, shall immediately cease and the said Grantor, its successors and assigns,
may, at its or their option, re-enter, retake and hold said described lands and premises as
of the present estate of said Grantor without compensation to said Grantee, the public, or
any other person whomsoever, for improvements or property removed, taken or
destroyed, or liability for loss of, or damage to any premises or the improvements thereon
abutting on said easement area or any part thereof.
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The Grantee agrees to keep the above-described premises free and clear from combustible
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materials and to cut and remove or cause to be cut and removed at its sole expense all
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weeds and vegetation on said premises, said work of cutting and removal to be done at
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such times and with such frequency as to comply with Grantee and local laws and
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regulations and abate any and all hazard of fire.
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0 9.
The Grantor does not warrant its title to said premises nor undertake to defend the
Grantee in the peaceable possession, use or enjoyment thereof; and the grant herein made
is subject to all outstanding rights or interest of others, including the tenants and licensees
of the Grantor.
10. This easement shall be binding upon and inure to the benefit of the heirs, executors,
administrators, assigns and successors of Grantor and Grantee.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and
appurtenances thereunto belonging to Grantee for public use and enjoyment for the purposes
aforesaid and for no other purpose whatsoever subject to the terms and conditions hereinbefore
stated.
BNSF 01425 Auburn, WA 3
IN WITNESS WHEREOF, the said THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY has caused this instrument to be signed by its
authorized officer, and the corporate seal affixed on the day of
-SP~1-el rnhPr , 2000.
THE BURLINGTON NORTHERN
AND SANTA FE RAILWAY
COMPANY
By: 'X 02~
Schnei er
General Director Real Estate
ATTEST:
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BNSF 01925 Auburn, WA
By:
Patricia Zbichors
Assistant Secretary
4
STATE OF TEXAS )
) SS.
COUNTY OF TARRANT )
On this afsl-k day of 2000, before me, the undersigned, a
Notary Public in and for the State of Tex s, duly commissioned and sworn, personally appeared
D. P. Schneider and Patricia Zbich(-,rski, to me known to be the General Director Real Estate, and
Assistant Secretary, respectively, of The Burlington Northern and Santa Fe Railway Company,
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 they are 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.
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No aryPublic in and or the State of Texas
Residing at
My appointment expires: f,/.;Z/ /.z-adg
FORM APPROVED BY LAW:
APPROVED
LEGAL
APPROVED
FORM
APPROVED
BNSF 01925 Auburn, WA
EXHIBIT "A"
SURFACE EASEMENT
BRIDGE MAINTENANCE AND TEMPORARY CONSTRUCTION
THAT PORTION OF BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S
RIGHT OF WAY IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF BURLINGTON NORTHERN
AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY AND THE SOUTH MARGIN OF 3AD
STREET SOUTHWEST;
THENCE NORTH 01°11'50" WEST ALONG SAID EAST LINE, 13.94 FEET;
THENCE SOUTH 78°19106" WEST, 1.53 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 78°19'06" WEST, 96.28 FEET;
THENCE NORTH 00°14'37" WEST, 18.29 FEET;
THENCE NORTH 81°13'28" EAST, 94.36 FEET;
THENCE SOUTH 04948136" EAST, 13.23 FEET TO THE TRUE POINT OF BEGINNING
t- AND CONTAINING 1,486 SQUARE FEET.
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o T'OGMTMM WITH THAT PORTION OF BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY'S RIGHT OF WAY IN THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING
ca COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF BURLINGTON NORTHERN
= AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY AND THE SOUTH HARGIN OF 3R0
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cv STREET SOUTHWEST;
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THENCE NORTH 01°11'50" WEST ALONG SAID EAST LINE, 13.94 FEET;
THENCE SOUTH 78°19'06" WEST, 1.53 FEET;
THENCE NORTH 04048'36" WEST, 124.67 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 80948'05" WEST, 85.60 FEET;
THENCE NORTH 00°14137" WEST, 11.85 FEET;
THENCE SOUTH 80°48'05" EAST, 84.63 FEET;
THENCE SOUTH 04048136" EAST, 12.05 FEET TO THE TRUE POINT OF BEGINNING
AND CONTAINING 995 SQUARE FEET.
BNSF 01925 Auburn, WA 6
EXHIBIT "A"
SURFACE EASEMENT
BRIDGE PILES, FOOTINGS, EMBANKMENT AND ROADWAY
THAT PORTION OF BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S
RIGHT OF WAY IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF BURLINGTON NORTHERN
AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY AND THE SOUTH MARGIN OF 3RD
STREET SOUTHWEST;
THENCE NORTH 01911'50" WEST ALONG SAID EAST LINE, 13.94 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE SOUTH 78019106" WEST, 1.53 FEET;
THENCE NORTH 04°48136" WEST, 136.71 FEET;
THENCE SOUTH 80°48105" EAST, 10.61 FEET TO THE EAST LINE OF BURLINGTON
NORTHERN AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY;
THENCE SOUTHERLY ALONG SAID EAST LINE ON A CURVE TO THE LEFT WHOSE
RADIAL CENTER BEARS NORTH 89013137" EAST, 11409.15 FEET, AN ARC
DISTANCE OF 84.47 FEET;
THENCE SOUTH 01°11150" EAST, 49.78 FEET TO THE TRUE POINT OF BEGINNING
o AND CONTAINING 792 SQUARE FEET.
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.n TOGMTM M WXTR THAT PORTION OF BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY'S RIGHT OF WAY IN THE NORTHEAST QUARTER OF THE SOUTHEAST
o QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
c=) BEGINNING AT THE INTERSECTION OF THE EAST LINE OF BURLINGTON NORTHERN
° AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY AND THE SOUTH MARGIN OF 31m
STREET SOUTHWEST;
THENCE NORTH 01°11'50" WEST ALONG SAID EAST LINE, 13.94 FEET;
THENCE SOUTH 78019106" WEST, 101.70 FEET TO THE WEST LINE OF BURLINGTON
NORTHERN AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY AND THE TRUE
POINT OF BEGINNING;
THENCE NORTH 01°11'50" WEST ALONG SAID WEST LINE, 68.29 FEET;
THENCE NORTHERLY ALONG SAID WEST LINE ON A CURVE TO THE RIGHT WHOSE
RADIAL CENTER BEARS NORTH 88°48'10" EAST, 11509.15 FEET, AN ARC
DISTANCE OF 102.79 FEET;
THENCE SOUTH 80°48105" EAST, 6.28 FEET;
THENCE SOUTH 00°14'37" EAST, 169.26 FEET;
THENCE SOUTH 78019106" WEST, 3.89 FEET TO THE TRUE POINT OF BEGINNING
AND CONTAINING 875 SQUARE FEET.
BNSF 01925 Auburn, WA 7
EXHIBIT "A"
SURFACE EASEMENT
PEDESTRIAN WALKWAY
THAT PORTION OF BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S
RIGHT OF WAY IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF BURLINGTON NORTHERN
AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY AND THE SOUTH MARGIN OF 3RD
STREET SOUTHWEST;
THENCE NORTH 89906'43^ WEST ALONG THE WESTERLY EXTENSION OF THE SOUTH
MARGIN OF 380 STREET SOUTHWEST, 100.07 FEET TO THE WEST LINE OF
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY;
THENCE SOUTH 01°11'50" EAST ALONG SAID WEST LINE, 287.37 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE NORTH 88°48'10" EAST, 8.00 FEET;
THENCE SOUTH 01°11150" EAST PARALLEL WITH SAID WEST LINE, 200.00 FEET;
THENCE SOUTH B8°4B'10" WEST, 8.00 FEET TO SAID WEST LINE;
uU-> THENCE NORTH.01°11150" WEST ALONG SAID WEST LINE, 200.00 FEET TO THE
c1 TRUE POINT OF BEGINNING AND CONTAINING 1,600 SQUARE FEET.
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EXHIBIT "A"
RAILROAD CROSSING EASEMENT
THAT PORTION OF BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S
RIGHT OF WAY IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT
THE INTERSECTION OF THE EAST LINE OF BURLINGTON NORTHERN
AND SANTA FE
RAILWAY C
OMPANY'S RIGHT OF WAY AND THE SOUTH MARGIN OF 3RD
STREET
SOUTHWEST;
THENCE
NORTH
01°11'50"
LATEST ALONG SAID EAST LINE, 13.94 FEET;
THENCE
SOUTH
78°19'06"
WEST,
1.53 FEET;
THENCE
NORTH
04°48'36"
WEST,
13.23 FEET TO THE TRUE POINT OF BEGINNING;
THENCE
SOUTH
81913128"
WEST,
94.36 FEET;
THENCE
NORTH
00°14137"
WEST,
139.12 FEET;
THENCE
SOUTH
80048005"
EAST,
85.60 FEET;
THENCE
SOUTH
04°48136"
EAST,
111.43 FEET TO THE TRUE POINT OF BEGINNING
AND CONTAINING 11,116
SQUARE
FEET.
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