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Home My WebLink About7111030516 STREET EASEMENT 110371M e#s�.,..:.sicy:'aK�,��k1dl-:a.eAas. ..r�:.-ti�u:�•.xti;.• f+.:s.:.. . EASEMENT The Grantor, BURLINGTON NORTHERN INC., a Delaware corporation, which operates a railway, hereinafter called Railway Company, for and in consideration of Two Hundred Fifty and no/100 Dollars `2 ($250.00) and the agreements herein contained, does hereby grant � (to the extent of its legal right so to do) to the CITY OF AUBURN, CD a municipal corporation of the State of Washington, hereinafter V) called Grantee, an easement to use for public street purposes, in- cluding a grade crossing over Railway Company's right of way and -- tracks, but for no other purposes, the following described premises situated in the City of Auburn, King County, State of Washington: That portion of the southwest quarter of the southeast quarter of the northeast quarter (SW 4SE]4- Wo and the northwest quarter of the northeast quarter of the south- east quarter (NWWEhSE1) of,,Setti ""i3, Township 21 North, Range 4 East, W. M., indicated by red outline on Railway Company's map dated April 6, 1971, identified as Exhibit "A", attached hereof and made a part hereof. This easement is made subject to the following express conditions: I Railway Company, for itself and its successors and assigns, re- serves 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 con- struct, 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 property when deemed necessary or expedient to Railway Company. Rights reserved shall be so exercised as not to damage or interfere with the street as above defined. This ease- ment 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 Grantee agrees at_its sole cost and expense to provide adequate drainage of Railway Company's property in connection with construct- ion and maintenance of said street and grade crossing, also agrees to reimburse Railway Company for any and all expense incurred by it by reason of any failure of Grantee to provide such drainage. III In the event the construction, maintenance or use of said street may interfere with or create a hazard to the communication, signal, or electric -power lines, or other pole lines, called "fa- cilities" in the rest of this paragraph, of Railway Company, or _,,., ^+-,,P,- nerson using Railway Company's property, Grantee or its 1., �ltBi�;F+.w`ChT, �'N'df.AA�7Af.ni>sxoexx�,�et. .. �YtwyiMlY y�.��x.: �e%.SVWObA+E�X''YtiAARu�h?�Y.riW.W4:`SAbiM .xYts[41,!:+f[I�FAII�. $!Nf:M1'>DS�Q%�x'3i.��''�Y�MI III (continued) In such event, Grantee shall pay the entire cost and expense of CDsuch work upon receipt of bills therefor. Grantee shall also M pay to Railway Company or its permittees, as the case may be, C) the cost of repairing or replacing the facilities arising or growing out of or in any manner connected with construction or maintenance of said street. ti IV This easement is granted pursuant to the terms of the con- struction agreement entered into between the parties dated September 15 , 1971. V In the event that said property shall at any time cease to be used by the public as a street, 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 Railway Company, and Grantee, its successors or assigns, shall reconvey immediately said pro- perty to Railway Company. Dated this r day of 1971. .AA •'.. '••y BURLINGTON NORTHERN INC. By, Vice Presider Attest: v� Seteketary 1-1 Mayor Attest City C erk -2- >t<•., �•.:, :,sz'r,. va?.ia.:r�«... a._::.w�s.:'�c.:+a„-a>-,:r.".'::r .r�:r ' ' c+�::t�8.cv '.sr :.:a ne,..w.:.an:,n..•. ;�#.v,. ;.. ....b%: 4�e:>" �°�tiw'&3s+arL.i «.� s t.,�n: �i >s.t. �..:.•��.At.?.�l tal. S•1 AYE cM �'Itit-r_EJOlA ( ss County of Ramsey .D On this - .Q day of �� , 19'71, before me per- CD 0 senally appe2red G. F. DFFiFI_ , to me kno-.rn to be a — Vice President and R. N. OTELLY tc rie knoam to be ~ Secreterr� of 'urlin ,on '1J,r1the:n Inc., one of the corporations that executed the within and forepcin.= instrurent, and acknowledged said instrtrrler.t to be the free and voluntary act and deed of said Burlington Paortbern Inc., fcr the imes and pl.=pases therein mentioned, and on oath stated that they were authorized to execute said instru:rent and that the seal affixed is the comorate seal of said Burlington Northern Inc, CD IN WIT`?JSS MHF,RECF, I have hereunto set my hand and affixed rr_y seal the day and ;,tear last above written. + i R. H. BROKOPP. Notary Public, Ramsey County, Mint4 My COMMIsSi06 Expires April 22, 1976 17111030516 $t4 "'goof z 5 T .yEi�, j;r..l � , ..I 1 I �' 71 it it 4 TO . N—il A '54 g p IAIN 5T 11. -446 sl. N -5T-' it j-4 �;-T c, 0% 5T -0 5.W. 0� 10 4 85 eA , e p 1 11 Ir - M e#s�.,..:.sicy:'aK�,��k1dl-:a.eAas. ..r�:.-ti�u:�•.xti;.• f+.:s.:.. . EASEMENT The Grantor, BURLINGTON NORTHERN INC., a Delaware corporation, which operates a railway, hereinafter called Railway Company, for and in consideration of Two Hundred Fifty and no/100 Dollars `2 ($250.00) and the agreements herein contained, does hereby grant � (to the extent of its legal right so to do) to the CITY OF AUBURN, CD a municipal corporation of the State of Washington, hereinafter V) called Grantee, an easement to use for public street purposes, in- cluding a grade crossing over Railway Company's right of way and -- tracks, but for no other purposes, the following described premises situated in the City of Auburn, King County, State of Washington: That portion of the southwest quarter of the southeast quarter of the northeast quarter (SW 4SE]4- Wo and the northwest quarter of the northeast quarter of the south- east quarter (NWWEhSE1) of,,Setti ""i3, Township 21 North, Range 4 East, W. M., indicated by red outline on Railway Company's map dated April 6, 1971, identified as Exhibit "A", attached hereof and made a part hereof. This easement is made subject to the following express conditions: I Railway Company, for itself and its successors and assigns, re- serves 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 con- struct, 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 property when deemed necessary or expedient to Railway Company. Rights reserved shall be so exercised as not to damage or interfere with the street as above defined. This ease- ment 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 Grantee agrees at_its sole cost and expense to provide adequate drainage of Railway Company's property in connection with construct- ion and maintenance of said street and grade crossing, also agrees to reimburse Railway Company for any and all expense incurred by it by reason of any failure of Grantee to provide such drainage. III In the event the construction, maintenance or use of said street may interfere with or create a hazard to the communication, signal, or electric -power lines, or other pole lines, called "fa- cilities" in the rest of this paragraph, of Railway Company, or _,,., ^+-,,P,- nerson using Railway Company's property, Grantee or its 1., �ltBi�;F+.w`ChT, �'N'df.AA�7Af.ni>sxoexx�,�et. .. �YtwyiMlY y�.��x.: �e%.SVWObA+E�X''YtiAARu�h?�Y.riW.W4:`SAbiM .xYts[41,!:+f[I�FAII�. $!Nf:M1'>DS�Q%�x'3i.��''�Y�MI III (continued) In such event, Grantee shall pay the entire cost and expense of CDsuch work upon receipt of bills therefor. Grantee shall also M pay to Railway Company or its permittees, as the case may be, C) the cost of repairing or replacing the facilities arising or growing out of or in any manner connected with construction or maintenance of said street. ti IV This easement is granted pursuant to the terms of the con- struction agreement entered into between the parties dated September 15 , 1971. V In the event that said property shall at any time cease to be used by the public as a street, 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 Railway Company, and Grantee, its successors or assigns, shall reconvey immediately said pro- perty to Railway Company. Dated this r day of 1971. .AA •'.. '••y BURLINGTON NORTHERN INC. By, Vice Presider Attest: v� Seteketary 1-1 Mayor Attest City C erk -2- >t<•., �•.:, :,sz'r,. va?.ia.:r�«... a._::.w�s.:'�c.:+a„-a>-,:r.".'::r .r�:r ' ' c+�::t�8.cv '.sr :.:a ne,..w.:.an:,n..•. ;�#.v,. ;.. ....b%: 4�e:>" �°�tiw'&3s+arL.i «.� s t.,�n: �i >s.t. �..:.•��.At.?.�l tal. S•1 AYE cM �'Itit-r_EJOlA ( ss County of Ramsey .D On this - .Q day of �� , 19'71, before me per- CD 0 senally appe2red G. F. DFFiFI_ , to me kno-.rn to be a — Vice President and R. N. OTELLY tc rie knoam to be ~ Secreterr� of 'urlin ,on '1J,r1the:n Inc., one of the corporations that executed the within and forepcin.= instrurent, and acknowledged said instrtrrler.t to be the free and voluntary act and deed of said Burlington Paortbern Inc., fcr the imes and pl.=pases therein mentioned, and on oath stated that they were authorized to execute said instru:rent and that the seal affixed is the comorate seal of said Burlington Northern Inc, CD IN WIT`?JSS MHF,RECF, I have hereunto set my hand and affixed rr_y seal the day and ;,tear last above written. + i R. H. BROKOPP. Notary Public, Ramsey County, Mint4 My COMMIsSi06 Expires April 22, 1976 17111030516 $t4 "'goof z 5 T .yEi�, j;r..l � , ..I 1 I �' 71 it it 4 TO . N—il A '54 g p IAIN 5T 11. -446 sl. N -5T-' it j-4 �;-T c, 0% 5T -0 5.W. 0� 10 4 85 eA , e p 1 11 Ir -