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HomeMy WebLinkAbout8109100298 EASEMENT 091081i ' 81�04i10 <� e0298 E RECD CFSHSL 5 ***34.50 EASEMENT AC I rs ; 2S 22 The Grantor BURLINGTON NORTHERN INC., A Delaware corporation, hereinafter Called 'Aailway Company," for and in consideration of One Hundred Thirty-seven Thousand Three Hundred and No/100 Dollars ($137,300.D0) to it paid and the agreements herein contain, does hereby grant to the. CITY OF AUBURN,•a political subdivision of the State of Washington, hereinafter called "City," an easement for highway and water retention pond purposes, over and upon the following described premises situated in the County of King, State of Washington, to wit; That portion of Burlington Northern Inc. right-of-way as . shown by green and orange color on the Exhibit "A" print dated August 22, 1979, revised December 13, 1979, attached hereto and by this reference made a part hereof. The 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 construct, maintain, repair, renew, reconstruct, replace and operate present tracks and future tracks, communication, signal and electric power lines, utilities and other types of facilities on said property when deemed necessary or expedient to the Railway Company. Rights reserved shall be so exercised as -not to damage or interfere with the highway or water retention pond 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 It is understood that the details of construction and maintenance of said highway and water retention pond are covered'by separate contract dated .JTir/ io/9B� between the Railway Company and the Lity, the terms OT which are y is reference fully incorporated and made a part hereof. III The City shall procure and keep in full force and effect during Ahe term of the easement a policy of Public Liability and Property Damage Liability insurance as herein provided, or certificate with respect thereto, together with a Contractual Liability Endorsement attached thereto, under the terms of which the insuring agreements of the policy are extended to cover the liability assumed by the City hereunder. The form of said Endorsement is hereto attached, marked Exhibit "B". The limits of Public Liability Insurance shall be not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of the bodily injuries to or death of one person; and subject to that limit for each person, a total limit of not less than One Million dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons, in any one accident connected with said retention pond, and regular Property Damage Liability Insurance limits of not less than, Five Hundred Thousand Dollars ($500,000.00) for all damages to or destruction of property in any one accident, and subject to that limit, a total (or aggregate) limit of not less than One Million Dollars ($1,000,000.00) for all damages to or destruction of property connected with said retention pond during the policy period. Such policy or certificate with respect thereto, together with said Contractual Liability Endorsement attached thereto, shall be submitted to the Railway Company for approval as to the insurance company writing same, the _ amount and the form, and, upon approval and prior to commencement of any work to be performed under the aforementioned agreement, the City shall deposit the same with the Railroad. Thereafter the City shall provide proof of renewal of said policy during the term and existence of the easement. RECORDED INS)DAY SU 10 10 16 AN 'I BY THE Oi'v,SIUN 0 RECORDS & ELECTIOI KING COUNTY iprmrsO9 5ET ZS-ZI-* It is understood that said insurance policies shall be so written that no insurance company shall have any recourse against the Railway Company, by way of subrogation or otherwise, for any loss covered by or paid or payable under said policies. It is additionally understood that the coverage limits of this policy will be reviewed by the Railway Company every five years that said limits may be adjusted so as to more accurately reflect the Railway Company's current exposure and changing economic conditions. If the City, its contractor, subcontractors, or agents, in the performance of the work herein provided for or by the failure to do or perform anything for which it is responsible under the provisions hereof, shall damage or destroy any property of the Railway, such damage or destruction shall be corrected by the City in the event its contractor or the insurance carriers fail to_repair or restore the same. In the event that said property shall at any time cease to be used for retention pond 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 Railway Company, and the City, its successors or assigns, snail reconvey immediately said property to the Railway Company. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate this -12th day of _Novemk,er - .. 1980 CITY OF AUBURN BURLINGTON NORTHERN INC. By: By:_ V/r; ce"Preside Attest: 11-- % !Z�- -, TV, AbSt. SecreTary. STATE OF MINNESOTA ) County of Ramsey ss. On this T2th day of November 19 personally appeared a� _+ �J_, before me to me known to be Vice e i}Kona �dY ecre ary o the corporation that executed the wit n an oregoing ns rumen and .acknowledged 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 the seal affixed is the coporate seal of -said corporation. .. IN WITNESS WHEREOF, I have hereunto set Illy hand and affixed MY official seal the day and year first above written. J. W. THAYER � NOTARY PDDLIC-MINNESDTA r,�-- 1 RAMSEY COUNTY Notary PU C Tn a1;or 2at�o1` �1�n�y'MyConmisslonEVIresNov. 1?,ii9e Minnesota, residingatt.� k My commission expiresJy"'_ /7 iprmrsO9 -2- EXHIBIT "B" • ti CONTRACTUAL LIABILITY ENDORSEMENT Inconsideration of an additional deposit premium of $ at audit, the C insuring agreements of the policy to which the Contractual Liability Endorsement is attached.are hereby extended to cover the liability fah bodily injuries, including resulting death and damage to property, which liability the insured has assumed by virtue of the following wording contained in an easement entered _ into between the City and Railway Company. co The City shall -and -hereby does release and discharge Railway Company of and from any and all liability for damage to or destruction of the retention pond, or any property of Permittee thereon; and shall and hereby does assume any and all liability for injury to or death of persons, or loss of or damage to property in any manner arising from or during the construction, use, maintenance, repair or removal of said retention pond, however such injury, death, loss, damage or destruction aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Railway Company of and from any and all claims, demands, suits, actions, damages, recoveries, judgments.. costs or eicpenses arising or growing out of or in connection with any such injury, death, loss, damage or destruction aforesaid. City further agrees to appear and defend in the name of Railway Company any suits or actions at law brought against it on account of any such personal injuries, death or damage to property, and to pay and satisfy any final judgment that may be rendered against the Railway Company in any such suit or action. This endorsement is issued subject to all agreements, exclusions, conditions, declarations and other terms contained in the policy, except as modified by this endorsement. Ten days' written notice shall be given to Burlington Northern Inc. addressed to the Industrial Development and Property Management Department at St. Paul', Minnesota, 55101, of any cancellation of Policy No: GA'412229 if cancelled at any time prior to the expiration date of the stated policy period. This. endorsement forms a part of Policy No. GA 412229 issued to the Cit of Auburn by the Linco n Insurance Companv and is effective July 10, 19 81 , Seattle. Washington Standard Time. Countersigned: Duly Authorized Agent !West Insurance Managers, Inc.