HomeMy WebLinkAbout6246010 STREET AND SLOPE EASEMENT 100667624600
VOL 4995 _ PAGE 140 _ W-15509 1.) , a,
R. W. 7161
The Grantor, NORTHERN PACIFIC RAIIWAY COMPANY, a Wisconsin corporation, here-
inafter',called the Railway Com any, for and in consideration of the sum of
One and No/100 Dollars ($1.00
to it in hand paid and the agreements herein contained, hereby grants to CITY OF
AUBURN, a municipal corporation of the State of Washington„ hereinafter called the
City, Grantee:
A. An easement to use for public street purposes and no other purpose the
following-described real estate, situated in the City of Auburn, King County, State
of Washington:
That portion of
the NE LSEJ o~*S.WR~t+le 1LW%0Township 21
North, Range 4 East,
C
W.M., indicated
by red.-color on the Railway Company's map dated March 21,
'
1967, last revised June 1<3., 1967, identified as Exhibit
"Alt, attached heretoON6
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and made a part
hereof.
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B. An easement
to use for the side slope of a public
street and for no
other purpose the following-described real estate, situated
in said cityr
That portion of the E2SE4 of Section 13 and the E2N&4 ofIg"e"" lion It said
township and range, indicated by green color on Exhibit "A".
This easement is made subject to, and upon the following express conditions«
1. The Railway Company, its successors and assigns, reserve the right to use
the property hereinbefore described for any and all purposes not inconsistent with
the easements hereby granted, including, but not limited to, the right to construct,
maintain, repair, renew, reconstruct, replace, and operate present tracks and future
tracks, communication, and signal lines and other facilities on said lands when
deemed necessary or expedient to the Railway Company. Rights reserved shall be so
exercised as not to damage or interfere with the street or any part thereof, except
as may otherwise be provided herein.
2. This easement is subject to existing interests in said premises of whatso-
ever nature and any and all extensions and renewals thereof.
. , r t ~ to!"
3. The City shall not use the property granted by this agreement for mtherg
than street purposes. The City shall not grant to any other person, persons, or '.,,fit
organizations of any sort whatsoever, including public and private utilities and -
transportation companies of any sort, permission to maintain any facilities on any
portion of the premises described in this easement, the right to grant such permits
being reserved to the Railway Company; provided such permits shall not be granted
where to do so would interfere with the use of the premises by the City as herein
provided.
4. The City shall at its sole cost and expense provide and maintain culverts
corresponding with existing culverts of the Railway Company so as to divert the drainage
through the street grade on the above described premises. If at any time in the
future, due to construction or improvement of said street, drainage conditions should
require a change in the existing culverts-or the placing of any new culverts through
the roadbed of the Railway Company, the City shall bear the entire expense of con-
structing the same and shall provide and maintain corresponding culverts through the
street grade, together with the ditches necessary to connect the culverts through
the street and railway embankments. The City shall indemnify the Railway Company
from all claims for flood damage and damage from accumulation of surface water due
to the construction of said street on the Railway Company's property.
5. In the event the construction or maintenance of said street may interfere
with or create a hazard to the communications signal, or electric-power lines,
called "facilities" in the rest of this paragraph, of the Railway Company, The
Western Union Telegraph Company or any other party using the Railway Company's
property, the City or its contractor shall give the Division Superintendent of
the Railway Company at Tacoma, Washington sufficient advance notice of such
"I-
VGA 495 oAGs 41
possible interference or hazard to enable the Railway Company or its permittees
to permanently relocate or temporarily relocate and permanently restore the
affected facilities at its or their option. In the event the Railway Company,
its permittees or any of them shall permanently relocate or temporarily relocate
and permanently restore the affected facilities, the City shall pay all cost of
such work, including maintenance of any temporarily relocated facilities, upon
receipt of bills therefor. The City shall also pay to the Railway Company or
its permittees, as the case may be, the cost of repairing or replacing the facil-
O ities on account of damage to or destruction of the facilities arising or growing
out of or in any manner connected with construction or maintenance of said street.
•7 6. The City agrees to keep the above described premises free and'elear from
combustible materials and to cut and remove or cause to be out and removed at its
sole expense all weeds and vegetation on said premises at such times and in such
manner as to be satisfactory to the Division Superintendent offthe Railway Com
`u61 riv,
and as to abate any and all hazard of fire.
on fie
14 7. The City agrees that in removing snow from said street it shall perform~LJ"d'
said work in such a manner as not to deposit the snow on the roadbed and tracks
of the Railway Company. It is understood that the Railway Company in maintaining
its line of road may deposit some snow on the street, and in the event of such
,"courrence the City agrees to remove the snow at its expense.
v~v\ti. 8. The City agrees to indemnify and save harmless the Railway Company and
any other railroad company or companies using its property with its consent from
any and all loss, cost, damage or expense arising out of work performed by the
City or its contractor in constructing and maintaining said street, regardless
of whether such loss, coat, damage or expense arises out of damage to or destruction
of the property of the Railway Company or any person, firm or corporation whatsoever,
or out of claims for personal injuries or death.
9• The City shall pay any and all cost of protecting or flagging such trains
as may appear necessary to the Railway Company during the construction, recon-
struction, repair or maintenance of said street.
10. The construction of said street slopes on the areas shown colored green
on said Exhibit "A" and.as described in paragraph B above shall be done in
accordance with the City's plans and cross-sections furnished to and approved by
the Railway Company, to the satisfaction of the Division Superintendent of the
Railway Company located at Tacoma, Washington, and in such a manner as to provide
for proper drainage of the right of way of the Railway Company. In the event
any portion of the said slope areas shown colored green on said Exhibit "A" will
be required by the Railway Company for any railway purposes whatsoever at any time
in the future which might require disturbance of said street slopes, the City
agrees at its sole cost and expense to provide whatever construction is deemed
necessary, such as retaining walls, sheet piling, etc.;; to retain and confine
said street slopes, on the street side. The Railway Company may at some time $IL18-pfiC1Y
in the future desire to fill certain portions of its right of way within said oil file in
areas colored green, which fill material would extend on and over said street Vault.
slopes, and the City.agrees in .that event the Railway Company shall have the
right to do so.
no It is understood that the details of reconstruction of the streets on and
near said real estate will be covered by a separate contract between the parties
hereto. The City shall bear the cost of maintaining the streets except for such
portion as the Railway Company may be required by law to maintain..
12. If the City shall permanently cease to use the premises for street pur-
poses or if said street shall by operation of law or otherwise become vacated or
abandoned, the easement hereby granted shall cease and terminate without notice
or other proceedings on the part of the Railway Company, and the Railway Company
may re-enter and hold the premises.
IN WITNESS WHEREOF,
the
Railway Company has
caused this instrument to be
executed this ~G
day
of ,
1967.
-2'-
Q .
vo 4995 FRcr 142
0
O
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Blue-
NORTHERN PACIFIC RAITWAY COMPANY,.
ayi~F \
Vice esi ent rZ
o
At to s
Secretary
Accepted.
CITY OF AUBURN
By
Mayor
Attests,
City Clerk
-lM
~c~~r~03
VOL4995 PAGE143
STATE OF MINNESOTA )
( ss
County of Ramsey )
On this f- day of K 19 (p before me
C) personally appeared E. S. STA to me kn wn to be a Vice
President and FLOYD A. DEfb IRG_ to me known to be
Secretary of Northern Pacific Railway Company, one of the corporations that executed
N the within and foregoing instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said Northern Pacific Railway Company, for the uses
and purposes therein mentioned, and on oath stated that they were authorized to 3I;IO
execute said instrument and that the seal affixed is the corporate seal of said',..
Northern Pacific Railway Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year last above written.
01-A It
t4..; ` U.; c yr' • J. W. THAYE
X ry PuDIFe. Ramsey u , Minn.
/aU
x~ • ^ ~ fi, j _ my cwnmis" FAPUU . U. 1911.
Filed For Record 1~7
Requesl of 196' ~
ROBERT A. MORRIS, County uditor
File for Record at Request of:
Robert i;l, Smythe, City Attorney
20 A Street N,W.
Auburn, Washington 98002
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