HomeMy WebLinkAbout7304030418 EASEMENT 040373r
E A S E M E N T
The Grantor, BURLINGTON NORTHERN INC., a Delaware corporation,
hereinafter called Railway Company, for and in consideration of
TWO THOUSAND NINE HUNDRED FIFTY AND N01100 DOLLARS ($2,950.00),
to it paid, and the agreements herein contained, does hereby grant
to the CITY OF AUBURN, hereinafter called Grantee, an easement
for street purposes for an undercrossing of Railway Company's
track upon the following described premises situated in King County,
State of Washington:
Those portions of the NE~OE~4- of 't i4 1 "3 Township 21
North, Range 4 East, W .M. , and the SE%SSEh of -S#et on- 25,
Township 21 North, Range 4 East, W.M., indicated by cross
hatched lines labeled "Permanent Easement", on Railway
Company's map dated November 9, 1971, revised December 29,
1971, identified as Exhibit "A", attached hereto and made
a part hereof.
This easement is made subject to and upon the following express
conditions:
I
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 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
easement is subject to all existing interests of third parties in
said property of any kind or 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
construction and maintenance of said street undercrossing and to
reimburse Railway Company for any and all expense incurred by it
by reason of any failure of Grantee to provide such drainage.
III
This easement is granted pursuant to the terms of the construction
agreement entered into between the parties dated
IV
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 pro=ceedings on the part of the Railway Company, and Grantee, its
successors or assigns, shall reconvey immediately said property
to the Railway Company.
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E A S E M E N T (continued)
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IN WITNESS WHEREOF, the Railway Company has caused this instrument
to be executed by its proper officers, and its corporate seal to be
hereunto affixed, this day of J~ '73.
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STATE OF MINNESOTA )
ss
County of Ramsey )
BURLINGTON N T RN INC ?
By r.. • • .Ir
Vice le AP I
Attest: Secreta re S c -
,~MI #I.'~M 4 `
/973
On this day of before me, a
Notary Public in and for the State of Minnesota, personally
appeared G. F. DEFIEL• and
R. M. OTELLY to me known to be a Vice President
and Secretary, respectively, of BURLINGTON NORTHERN INC.,
executed the within and foregoing instrument,
said instrument to be the free and voluntary
corporation for the uses and purposes therein
th stated that they were authorized to execute
that the seal affixed is the corporate seal of
the corporation that
and acknowledged the
act and deed of said
mentioned, and on o&
said instrument, and
said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
V. 44/.
Notary Public in and for the torte of
Minnesota, residing at St. Paul
My Commission expires 7lo.
Page (Z) R. H. BROXOPP ~
NOTARY aUOLrC-- MINNESOTA
RAMSEY COUNTY
ahldY Cotflm. Expires April 22, 1976
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. PERMANENT <=ASEMENT p.583 ACR1:5 ~ ~ A EMEN1" T ITY 0 w w TY ACCOUNT
SHOOFLY & TfMR CONSTR, AREA Z.03 ACRES
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HERE-IT IS...
To get this to you promptly, I am mailing the
enclosed without a formal letter.
I TRANSNAMN TITLE INSURANCC COMPANY
Transnation
Ernie Attached are certified copies of the
recorded documents as you requested. We will
be forwarding a bill for $56.90 for additional
recording fees and the certified copies.
Please call if you have questions.
CLT-3074-T Ed. 2196