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Home My WebLink About5558ORDINANCE NO.5 5 5 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD FUNDS AS PROVIDED IN THE BRIDGE CROSSING AND MAINTENANCE AGREEMENT BETWEEN THE CITY AND THE UNION PACIFIC RAILROAD FOR PR562, SOUTH 277T" STREET RECONSTRUCTION PROJECT. WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to Chapter 35A.33 RCW, the City Council hereby approves the expenditure and appropriation of Freight Mobility Strategic Investment Board Funds (collected from Union Pacific Railroad) in the amount of $600,000 for construction of a grade separated crossing on South 277h Street. The Mayor and City Clerk are hereby authorized to execute the Bridge Crossing and Maintenance Agreement between the City and the Union Pacific Railroad approving said Agreement, a copy of which is attached hereto as Exhibit "1" and is incorporated herein by reference, and any future supplemental agreements thereto required for completion of phases of the project, including but not limited to design, right-of-way, and construction. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of Ordinance No. 5558 May 24, 2001 Page 1 this legislation. Section 3. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. INTRODUCED: June 4, 2001 PASSED: June 4, 2001 APPROVED: June 4, 2001 ,� . & C�a CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: C) % Ordinance No. 5558 May 24, 2001 Page 2 UNION PACIFIC RAILROAD COMPANY Real Estate Department R. D. Uhrich Assistant Vice President J. A. Anthony Director -Contracts D. D. Brown Director -Real Estate M. W. Casey General Director -Special Properties J. P. Gade Director -Facility Management MAYOR CHARLES BOOTH CITY OF AUBURN 25 W MAIN AUBURN WA 98001 Dear Mayor Booth: J. L. Hawkins Director -Operations Support M. E. Heenan Director -Administration & Budgets D. H. Lightwine Director -Real Estate T. 1800 Farnam Street Love Omaha, Nebraska 68102 a uDitector-Real Estate l V /♦ Fax: (402) 997-3601 Mq},0 23001 i July 18, 2001 opp/q Folder No. 2004-54 J U L 2 5 2001 CFY Attached for your records is your original copy of a Public Road Crossing Agreement, fully executed on behalf of the Railroad Company. You are hereby authorized to proceed with the work upon proper notification to the Railroad Company's Manager of Industry & Public Projects. In accordance with the terms of the above agreement, 10 days advance notification upon entering the Railroad Company's right of way shall be given to the following office: John Trumbull Mgr Industry & Pub Proj Union Pacific Railroad Co 5424 E Mclaughlin Blvd Portland OR 97202 Phone: 503-872-1809 FAX: 503-872-1900 When you or your representative enter the Railroad Company's property, a copy of this fully executed document must be available at the site to be shown on request to any Railroad employee or official. Should you have any questions, please contact me at (402) 997-3620 or e-mail me at pgfarrell@up.coni. Public Road Xing Distribution Letter h FOLDER NO. 2004-54 AGREEMENT BETWEEN CITY OF AUBURN AND UNION PACIFIC RAILROAD COMPANY COVERING CONSTRUCTION OF SOUTH 277' STREET GRADE SEPARATION PUBLIC ROAD CROSSING AT AUBURN, KING COUNTY, WASHINGTON PHC 880706 Folder No.: 2004-54 Form Approved, AVP -Law Agreement Number NEW PUBLIC HIGHWAY CROSSING AGREEMENT South 277h Street Overhead Highway Bridge Mile Post 164.97 - Seattle Subdivision Auburn, Washington THIS AGREEMENT, made and entered into as of the 1$4 day of \1.1 , 2001, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation tb be addressed at 1800 Farnam Street, Omaha, Nebraska 68102 (hereinafter the "Railroad") and the CITY OF AUBURN, a municipal corporation of the State of Washington to be addressed at 25 West Main, Auburn, WA 98001-4998 (hereinafter the "Political Body"), WITNESSETH: RECITALS: The existing South 277'' Street crosses the Railway at an existing "at -grade crossing located at RR MP164.97 in Auburn. In the interest of aiding motor vehicle and railway traffic; the Political Body desires to undertake as its project the replacement of the existing "at -grade" crossing by constructing a new roadway bridge overcrossing and alignment (hereinafter the "Project"). The Political Body desires the right to use for the Project that portion of the right-of-way of the Railroad at MP164.97 on the Seattle Subdivision (hereinafter the "Crossing Area") shown on the attached print dated October 2000, marked Exhibit A. The Railroad will be required to perform certain work on its facilities. The parties hereto desire that the work to be performed by the Political Body in connection with said Project be performed in accordance with plans and specifications to be prepared by the Political Body. The Political Body is willing to undertake the construction of said project with Political Body, state, federal and local funds and funds from the Railway consistent with 23 CFR 646.210(b)(3). The Railway is willing to consent to the execution of said project upon the terms and conditions herein stated and not otherwise. The parties hereto desire to contract for work to be performed by each of them in connection with this project and the payment of costs and expenses therein involved. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: ARTICLE 1 - RAILROAD GRANTS RIGHT For and in consideration of the Political Body'spayment of the compensation set forth in Article 3 below and the Political Body's agreement to perform and abide by the terms of this Agreement, including Exhibits A, B, Bl, C, D and E, attached hereto and hereby made a part hereof, the Railroad hereby grants to the Political Body, the right to establish, construct, maintain, repair, renew, and use a public highway over and across the Crossing Area. 1939-36 City of Aubum, WA Page 1 February 20, 2001 So 2771 St Overpass PHC 880706 Form Approved, AVP -Law ARTICLE 2 - RAILROAD CONTRIBUTION Folder No.: 2004-54 A. In accordance with 23 CFR 646 B, which by this reference is incorporated in this agreement, the RAILWAY will receive certain ascertainable benefit from said project and, therefore, will be required to contribute to the cost of said project. B. In consideration for the closure of the at grade crossing, the Railway will contribute a maximum of 5 % of the project costs consistent with 23 CFR 646.210(b)(3). Based on the UPRR negotiated participation with the FAST partners, the Railway's firm cost of its 5% share shall be $600,00000 which will be distributed by the Freight Mobility Strategy Investment Board (FMSIB). ARTICLE 3 - COMPENSATION In consideration of the rights granted herein, upon the execution and delivery of this Agreement and the Railroad's execution and delivery of the easements described below, the Political Bodyshall pay to the Railroad the sum of FORTY-ONE THOUSAND FIVE HUNDRED FORTY-FOUR DOLLARS ( $41,544.00), the Railway shall grant to the Political Body by separate instrument the following: A. A Crossing Easement (Easement J) of 8,890 square feet, more or less, for overhead bridge purposes over, through, and across the Railway's right-of-way outlined in red, including access rights and surface easement rights for maintenance and construction of the bridge structure, public utilities, bridge piles and wall footings as shown on Exhibit A outlined in red, in the form marked Exhibit D hereto attached and hereby made a part hereof. B. A Surface Easement (Easements L and M) of 1,510 square feet, more or less, for the bridge piles and wall footings as shown on Exhibit A colored blue, in the form marked Exhibit D. C. A Temporary Surface Easement (Temporary Easements K and R) of 13,845 square feet, more or less, for construction of the bridge structure, 12 -inch waterline, and the realignment of the Interurban Trail as shown on Exhibit A outlined in green, in the form marked Exhibit E, hereto attached and hereby made a part hereof. D. The Political Body shall quitclaim to the Railway the existing easement area of 4,230 square feet, valued at $15,228.00 for the former "at -grade" roadway of South 277`h Street, as shown in orange on Exhibit A. E. The Political Body has conveyed the amount of $41,544.00 ($ 56,772.00 less $ 15,228.00) to the Railway through the registry of the King County Superior Court under King County Superior Court Cause No. 00-2- 30754-3 KNT. Within sixty (60) days after execution of this Agreement, the Political Body shall provide to Railroad a survey and metes and bounds legal description that if accepted to Railroad will be attached to the easement documents descried in Articles 3A and 3B before Railroad executes and delivers the easements to the Political Body. ARTICLE 4 - CERTIFICATE OF INSURANCE A. Before any work on the Premises begins, the Political Body (as defined in Section8(a) of Exhibit B to this Agreement) will provide the Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit B-1 of this Agreement in a policy containing the following endorsement: "Union Pacific Railroad Company is named as additional insured with respect to all liabilities arising out of Insured's performance of the work required for construction of a highway overpass in Auburn, Washington." 1939-36 City of Auburn, WA Page 2 February 20, 2001 So 277' St Overpass PHC 880706 Folder No.: 2004-54 Form Approved, AVP -Law B. The Political Body WARRANTS that this agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as required herein. C. All insurance correspondence shall be directed to: Union Pacific Railroad Company, 1800 Farnam Street, Omaha, Nebraska 68102, with reference to Folder No. 1939-63. D. The Political Body may self -insure all or a portion of the insurance coverage required hereunder, subject to Railroad's review and approval. However, the Political Body's contractor/subcontractor (if any) shall obtain and provide evidence of insurance coverage pursuant to Exhibit B-1 of this agreement. ARTICLE 5 - IF WORK IS TO BE PERFORMED BY CONTRACTOR If a contractor is to perform any of the work on the Project (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Political Body shall require its contractor to execute the Railroad's Right of Entry Agreement. Political Body acknowledges receipt of a copy of the Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Political Body's contractorbe allowed onto Railroad's premises without first executing the Right of Entry Agreement. ARTICLE 6 - FEDERAL AID HIGHWAY PROGRAM The Project is to be financed in whole or in part from funds appropriated by the Federal government and expended under Federal regulations. It is therefore agreed, by and between the parties hereto, that the Federal Aid Policy Guide issued by the Federal Highway Administration on December 9, 1991 and any amendments or supplements thereto which are in effect at the time of the execution of each supplement hereto, are incorporated by reference into this Agreement. ARTICLE 7 - WORK TO BE PERFORMED BY THE RAILROAD A. The Railroad, at the Political Body's expense, may make any and all changes, alterations or relocations, whether temporary or permanent, and may provide flagging and other protective services and devices, which in the Railroad's judgment may be or become necessary or expedient within the Railroad's right-of-way because of the Project. Such work shall include, without limitation: 1. Preliminary engineering, design , and contract preparation; 2. Place 0 TF of timber planking material for temporary protection of the tracks during construction. Place 0^ feet temporary plank crossing. Furnish and place all associated fastenings, hardware, etc. (Political Body to provide plank material); 3. Furnishing of such watchmen and flagmen as may be necessary for the safety of its property and the operation of its trains during construction of said project; 4. Remove grade crossing signals, gates, and controller and transport them to a local storage location as directed by the Political Body; and 5. Furnishing of engineering and inspection as required for construction of said project. B. The Political Body agrees to pay the Railroad 100% of all actual costs of the Railroad's work performed and materials supplied as herein -above set forth, which includes customary additives to materials services provided by the Railroad as shown on Exhibit C, attached hereto and hereby made a part hereof, which is attached hereto and hereby made a part hereof; PROVIDED, however, that the Political Body is not obligated to reimburse the Railway for costs and expenses incurred by the Railway for work that must be performed or for materials that must be re -supplied as a result of the Railway's failure to exercise due care. 1939-36 City of Auburn, WA Page 3 February 20, 2001 So 277' St Overpass 14 PHC 880706 Form Approved, AVP -Law Folder No.: 2004-54 C. The Railway may submit progress bills to the Political Body during the progress of the work for the actual cost of services and expenses. The Political Body will then pay progress bills within 30 days after receipt of a properly submitted bill. If the billing is disputed for any reason, the Political Body will promptly notify the Railway and will pay any undisputed amount. The Railroad shall submit to Political Body for payment upon completion of the Project, a detailed statement covering the cost of the work performed byRailway, segregated as to labor and materials. D. The Railway and the Political Body shall maintain records regarding the work performed and the costs and expenses incurred by the parties for the project in accordance with generally accepted accounting principles and practices. Said records shall be made available to the other party, or for Political Body, or federal audit, upon request during normal business hours, for a period of three years after the final payment. E. The Railway and Political Body will perform their work in accordance with detailed plans and specifications prepared by and at the expense of the Political Body, and approved in writing by the Railroad's Vice President — Engineering Services. The Railway shall use good faith effort consistent with its other public service obligations to perform its work in a timely manner in sequence with work performed by the Political Body subject to all conditions of Force Majeure. ARTICLE 8 - EFFECTIVE DATE; TERM This Agreement shall become effective as of the date first herein written, or the date work commences on the Project, whichever is earlier, and shall continue in full force and effect until terminated as herein provided. 1939-36 City of Auburn, WA Page 4 February 20, 2001 So 2771 St Overpass PHC 880706 Font Approved, AVP -Law Folder No.: 3939-63 L•ot Said records shall be made available to the other- party, or for Political Body, or federal audit, upon normal business hours, for a period of three years after the final payment. E. The Railway and Political Body will perform their work in accordanc . detailed plans and specifications prepared by and at the expense of the Political Body, and appr rn writing by the Railroad's Vice President — Engineering Services. The Railway shall use good f ort consistent with its other public service obligations to perform its work in a timely manner in nce with work performed by the Political Body subject to all ARTICLE 8 - Agreement shall become effective as of the date first herein written, or the date work commences on the IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By Asst. Vice President - Real Estate ATTEST: CITY OF AUBURN L L6 By � • Oa Assistant Secretary Title: Charles A. Booth, Mayor a form: Ais ae ieeyno s, Attorney Ordinance No.: 5558 Pursuant to Ordinance dated: (Seal) June 4 , 2001 hereto attached. 1939-36 City of Auburn, WA So 277' St Page jt' February 20, 2001 Overpass EXHIBIT A Location Prints & Legal Descriptions 88 A! z 2 zFA c 41 z �§ Nil S- x 2§_ §§ \ 0 LQ 0 § 0 Ot X tt ZE- LLJ OQ @ 2§ 2 7U, 31 c) § v W 9 z �14 , »: ; I !I it, A LOCATION OF NEW GRADE W—f—E SEPARATION PUBLIC ROAD CROSSING CONSTRUCTION s PROJECT r -P n To SI! . C: vx F-: E WALNl1Tp b"A C e 0 X13"2 518 �7i.r m » +�, a O p Z E MAPLE o l3 ' q N TF, fi; S w 187 m "dr a +�$ N x .. ER LN S26 ...... O i/`• S 202ND L5 �- � laFFawiek. !� A m N m m SE 21 H D ° yY .. 2 N g .......... .....y p rn 2 1 m MP 164.97 -Seattle Subdivision A '",. � w 177th Street - DOT #396585W 1 •� m q SE271S, Grade Separation Construction Prt ect N 9p .. sE 272ND r W r S 274TH 3 yP SE 274TH....i.... yy 155• '� a qfn ' S 277TH a ^+ m x T.honres....... S 277TH:. `5 0 y m T a. 179TH. m D 4 Stab.:. x :..... .. 282ND { N.LEY m n $ 1e7 BhFSF a' S 284TH ......... gym::.: S7N< m _ SE 28 ca 285TH m , ; . S a �......... y �f, m SE 281 k" + " 45.28 {' B LNW w SE287Ty w �..i Si89i1'L......i..:..._ _ w q cc >:''a OTH i= t i Q f 0 W d m o o p m w x p � s N 'm a ST 37TH ST N 9 m M L`..... E T _ Z 35TH S' NE 2 Uri r SPt3Y N D S298TH m a1ST$TpE y A ...... �...... . `Ia N iZ. Chr1810010 a , ' m . or9rsars. ld�rxluas .: %r SAN.:. y 187 TOAuh=:..:...................:........ �TIVE m �, w.... m m _ m >; WORK TO BE PERFORMED: Proposed construction of new grade separation public road crossing. EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY SEATTLE SUBDIVISION MILE POST 164.97 GPS: N 47° 21.231', W 122° 14.336' near AUBURN, KING CO., WA. Illustrative print showing location of a new grade separation public road crossing construction project with the CITY OF AUBURN. Folder No. 1939-63 Date: October 2000 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: I{800)336.9193 ,Irr �• 9Z -:-------•-'-3NI1U31N30 4ILLZ----•--'-- fy • - - z z .......... ... tx • •• I i i -1 � I•: s[ N •• 1 ,001 101•is B3 q vl*zs gA ,Oc W� 6 I } I r. II :I 1 . 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Approved AVP -Law EXHIBIT B Public Highway Crossing SECTION 1- CONDITIONS AND COVENANTS a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes in such manner as not unreasonably to interfere with its use as a public highway. c) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the railroad property, unless the Political Body at its own expense settles with and obtains releases from such nonparties. d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property, also the right to cross the Crossing Area with all kinds of equipment. The Railroad further reserves the right to attach signal, communication or power lines to any highway facilities located upon the property, provided that such attachments shall comply with Political Body's specifications and will not interfere with the use of the Crossing Area. e) So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Grossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. f) If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the highway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2 - CONSTRUCTION OF HIGHWAY a) The Political Body, at its own expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. b) Except as may be otherwise specifically provided herein, the Political Body, at its own expense, will furnish all necessary labor, material and equipment, and shall construct and complete the highway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right-of-way), and all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the highway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. c) If the Project is to be financed in whole or in part by Federal funds, all construction work by the Political Body shall be performed, and any reimbursement to the Railroad for work it performs shall be made, in accordance with the applicable Federal acts, regulations, and this Agreement. Phx.exb Page 1 Exhibit B G:1lawadmlparVorms10589n.exb PHC 010214 Non -Standard Form. Approved AVP -Law d) All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the highway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Vice President -Engineering Services of the Railroad or his authorized representative and in accordance with detailed plans and specifications prepared by and at the expense of the Political Body, and approved in writing by the Railroad's Vice President -Engineering Services. e) All construction work of the Political Body shall be performed diligently and completed within a reasonable time, and in any event within three (3) years from the effective date of this Agreement, or within such further period of time as may be specified in writing by the Railroad's Vice President -Engineering Services. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against the Railroad. f) If the Project includes construction of a structure over which trains are to be operated, or for which the Railroad has any responsibility for maintenance, the Political Body shall furnish the Railroad permanent reproducible prints of all design and shop drawings as soon as possible after approval by the Vice President -Engineering Services of the Railroad or his authorized representative. Upon completion of construction, the Political Body shall furnish the Railroad two sets of "as constructed" prints and, in addition, upon request of the Vice President -Engineering Services of the Railroad "as constructed" permanent reproducible prints of all or any portion of the structure. SECTION 3 - INIURY AND DAMAGE TO PROPERTY If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Vice President -Engineering Services. SECTION 4 - PAYMENT FOR WORK BY THE RAILROAD COMPANY a) Bills for work and materials shall be paid by the Political Body promptly upon receipt thereof. The Railroad will submit to the Political Body current bills for flagging and other protective services and devices during progress of the Project. The Railroad will submit final billing for flagging and other protective services within one hundred and twenty (120) days after completion of the Project, provided the Political Body advises the Railroad of the commencement of the 120 -day period by giving the Railroad written notification of completion of the Project. b) The Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. SECTION 5 - MAINTENANCE a) If the Project involves a grade crossing: 1) The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area, except the portions between the track tie ends, which shall be maintained by and at the expense of the Railroad. 2) If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body's expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area,.the Political Body shall bear the expense of such repairs or replacement. Phx.exb Page 2 Exhibit B G:Vawadm\par\forms\0589n.exb PHC 010214 Non -Standard Form. Approved AVP -Law b) If the Project involves a public highway crossing under the Railroad's tracks: 1) The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire substructure of the highway -railroad grade separation structure. 2) The Railroad shall, at its own sole expense, maintain and repair, or cause to be maintained and repaired, the entire superstructure of the highway -railroad grade separation structure. c) If the Project involves a public highway crossing over the Railroad's tracks, the Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired, and renewed, the entire highway -railroad grade separation structure. SECTION 6 - CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track or tracks located on the Crossing Area, the Political Body shall, at its own expense, conform the public highway in the Crossing Area to conform with the change of grade of the trackage. SECTION 7 - REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken. SECTION 8 - SAFETY MEASURES: PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards: a) Definitions. All references in this Agreement to the Political Body shall include the Political Body's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority, and all references in this Agreement to work of the Political Body shall include work both within and outside of railroad property. b) Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. c) No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. d) Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Phx.exb Page 3 Exhibit B G:Vawadm\par\forms\0589n.exb PHC 010214 Non -Standard Form. Approved AVP -Law Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. e) Suspension of Work. If at any time the Political Body's engineers or the Vice President -Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. f) Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. g) losives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President -Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President -Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the 'vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. In addition to any conditions, restrictions or limitations as may be specifically imposed: 1) Unless the Railroad's Vice President -Engineering Services agrees otherwise, the Political Body shall provide no less than 48 hours' notice, excluding weekends and holidays, before discharging any explosives. 2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be discharged on the same day during daylight hours, and at mutually acceptable times. 3) The Political Body, at its own expense, shall take all precautionary measures and construct all temporary shelters necessary to guard against danger of damage, destruction or interference arising out of or connected with any blasting or any transportation, handling, storage, security or use of explosives. 4) The Political Body shall require explosives to be transported, handled, stored or otherwise secured and used in a manner satisfactory to the Railroad and in accordance with local, state and Federal laws, rules and regulations, including, without limitation, United States Department of Labor, Bureau of Labor Standards, Safety and Health Regulations for Construction, 29 CFR Part 1518, Subpart U -- "Blasting and the Use of Explosives"; and Occupational Safety and Health Administration Occupational Safety and Health Standards, 29 CFR Part 1910, Subpart H -- "Hazardous Materials". h) Obstructions to View. Except as otherwise specifically provided herein, the Political Body shall not cause or permit the view along the tracks of the Railroad to be obstructed, nor place any combustible material on the premises, nor erect any structures thereon. If public law or regulation requires control or removal of weeds or vegetation on each side of the Crossing Area, the Political Body will perform such control or removal work without expense to the Railroad or, if the Political Body may not lawfully perform the control or removal work, reimburse the Railroad for the cost of performing such control or removal. If the crossing is not equipped with automatic train activated warning devices with gate arms: Phx.exb Page 4 Exhibit B G:Vawadm\parVor ns\0589n.exb PHC 010214 Non -Standard Form. Approved AVP -Law 1) The Political Body shall control or remove weeds and vegetation within and on each side of the Crossing Area so that the view of approaching motorists to approaching trains is not obstructed by weeds or vegetation; and 2) Insofar as it may lawfully may do so, the Political Body will not permit non-parties to construct sight obstructing buildings or other permanent structures on property adjacent to the right-of-way. i) Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Vice President -Engineering Services to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. Drainaae. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the highway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. k) Notice. Before commencing any work, the Political Body shall provide 48 hours prior notice (excluding weekends and holidays) to the Railroad's Manager -Track Maintenance. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall telephone the Railroad at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9 - INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. SECTION 10 - OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11- REMEDIES FOR BREACH OR NONUSE a) If the Political Body shall fall, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the highway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. Phx.exb Page 5 Exhibit B G:VawadmlparVorms10589n.exb PHC 010214 Non -Standard Form. Approved AVP -Law b) Nonuse by the Political Body of the Crossing Area for public roadway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder. c) The Political Body will surrender peaceable possession of the Crossing Area upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 12 - MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. SECTION 13 - ASSIGNMENT: SUCCESSORS AND ASSIGNS This Agreement shall not be assigned without the written consent of the Railroad. Subject hereto, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. Phx.exb Page 6 Exhibit B G:uawadmlparVorms10589n.exb PHCIPHE INS 920624 Standard Form Approved, AVP -Law Public Road Insurance Requirements The Political Body and/or its Contractor/Subcontractor shall, at its own and/or its Contractor's/Subcontractor's sole cost and expense, procure the following kinds of insurance and promptly pay when due all premiums for that insurance. The Railroad Protective Insurance described in Paragraph D below only needs to be obtained and kept in force during the duration of construction or major reconstruction of the highway located on the Premises. The other insurance coverage described in Paragraphs A, B and C below shall be kept in force by the Political Body during the life of this Agreement. A. General Public Liability insurance providing bodily injury, including death, personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and a general aggregate limit of at least $4,000,000. This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement, Underground Hazard, Broad Form Property Damage, a waiver of governmental immunity (ISO Form GL 24 14 or equivalent), severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of Political Body's obligation to Railroad in the Agreement. If coverage is purchased on a "claims made" basis it shall provide for at least a three (3) year extended reporting or discovery period, which shall be invoked should insurance covering the time period of this Agreement be cancelled. B. Automobile Public Liability insurance providing bodily injury and property damage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall provide contractual liability by endorsement ISO Form CA 00 25 or equivalent covering all motor vehicles including hired and non -owned, mobile equipment to the extent it may be excluded from general liability insurance, severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of Political Body's obligation to Railroad in the Agreement. C. Worker's Compensation insurance covering the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employers' Liability with a limit of at least $1,000,000. Also compliance with all laws of states which require participation in their state workers' compensation fund. D. Railroad Protective Liability insurance naming Railroad as insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy form shall be AAR-AASHTO with broad form coverage for "Physical Damage to Propert " (ISO Form GL 00 30) or as revised ISO -RIMA (Form CG 00 35) and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 2831 or equivalent). If the Lloyd's London policy form is used, limits shall be $3,000,000 per occurrence with a $9,000,000 aggregate and the Extended Claims Made Date shall be determined by adding the length of the original policy period plus one year to the policy expiration date. The Political Body and/or its Contractor(s)/Subcontractor(s) hereby waive their right of subrogation, as respects the above insurance policy(ies), against Railroad for payments made to or on behalf of employees of Political Body or its agents or its Contractor(s)/Subcontractor(s) and for loss of their owned or leased property or property under their care, custody and control while on or near Railroad's right-of-way or other real property. Political Body's and/or its Contractor's/Subcontractor's insurance shall be primary with respect to any insurance carried by Railroad. Political Body and/or its Contractor(s)/Subcontractor(s) shall furnish to Railroad certificate(s) of insurance evidencing the required coverage and endorsement(s) and upon request a certified duplicate original of any of those policies. The insurance company(ies) issuing such policy(ies) shall notify Railroad in writing of any material alteration including any change in the retroactive date in any "claims -made" policies or substantial reduction of aggregate limits, if such limits apply, or cancellation thereof at least thirty (30) days prior thereto. The insurance policy(ies) shall be written by a reputable insurance company or companies acceptable to Railroad or with a current Best's Insurance Guide Rating of B and Class VII or better. Such insurance company shall be authorized to transact business in the state(s) affected by this Agreement. phxexbl.exb Page 1 Exhibit B-1 EXHIBIT C Estimate of Material and Force Account Work 07/09/2001 02:16 503-872-1900 UPRR. SUPT. PORTLAND PAGE 02/02 \7 W0 ASSI6NHENI R C Q U E 5 T GHANA - 06/29/01 PALJL GENOUN - UMp-4A - M1: 1045 ATTACHED FOP YOUR HANOLINC IS F-30 ESTIMATE AND ASSOCIATED DETAIL. "LIP THE: FOLI,IJ:.'ING AUTHORITY FOR EXFENDITL!RE: P10 NUMBER: ES2175 ADVANCE WORE ORDER: 3104! PROJECT IIfLE: 277TH STREEI MP 164.V7 5UTTLE SUB, CMT; AUEUNN STATE: UA RENIRKS: UUTMU 396&V5 1 AUG 31541 EUEGEI' REFERENCE: 01011 GkollP: 03 CI -ASS; 13 HUUr,Er AWN'[; 66050000 r7ARI: 06/01 UUMPLETION: 12/0P lROJE0 CUS1 TOTAL EXPEND 1 TUBE RE:i l NEMC H'I'S 0.1 0 -1 UT; 0 0 AIR 145,017 0 111'I14l'k 0 0 I O TML. 145 f017 IJECT WAS APPROVED BY AF -E '~ICING BUDGET ITER 01EN11 R. J, FUT7. 'ROVED ON 22001 ASST, V.P. - CONTROLLER ACCOUNTING REVIEW UATF.; S UORK Qr'.DER APPROVED: 0.10629 JUL 09 2001 17:20 503 872 1900 PAGE -02 ADDITIONAL ACCT, INFORMATION 9,1FCT NANDI ING: NORKAL. -----------------------_ --- CORPORATE PROPERTY: 1 - UPRR CO DEPARTMENT: 31 ENGINEERING SERVICES JECT TRUMBULL SERVICE UNIT: 18 PORTLAND l(*R: JONNSON TvPE OF PROPERTY: R0 ONE: 872-1409 S)RTE: UP, VALAY)f (LIN SE010m: .1-IINT FACILITY KID. : TER: JUT TYPE A 111CRIZATIO:N: LIQ JUL 09 2001 17:20 503 872 1900 PAGE -02 EXHIBIT D Crossing and Surface Easement Descriptions ,% I NiVil-M! PACIFIC 3350 Monte Villa Parkway Bothell, Washington 98021 UPRR AERIAL EASEMENT "J" PARCELS 8 & 23 _ . _ _ EASEMENT DESCRIPTION AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING THAT PORTION OF THE UNION PACIFIC RAILROAD RIGHT OF WAY (FORMERLY THE CHICAGO- MILWAUKEE-ST.PAUL RIGHT OF WAY), SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277"H ST. STATION 36+03.49,36.50 FEET LEFT; THENCE EASTERLY TO THE EASTERLY LINE OF SAID RIGHT OF WAY AT S. 277"' ST. STATION 37+33.48,36.50 FEET LEFT; THENCE SOUTHERLY, WESTERLY, AND SOUTHERLY, ALONG SAID EASTERLY LINE TO S. 277T" ST. STATION 37+02.53, 46.00 FEET RIGHT; THENCE WESTERLY TO THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST. STATION 36+03.02,46.00 FEET RIGHT; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. THE BOTTOM PLANE OF THE VERTICAL SPACE CONTAINED WITHIN SAID EASEMENT SHALL BE AT ELEVATION 35.00 FEET, AND THE TOP PLANE SHALL BE AT ELEVATION 85.00 FEET. THESE ELEVATIONS ARE BASED ON THE NATIONAL GEODETIC VERTICAL DATUM OF 1929, USING AS A BENCH MARK THE BRASS SURFACE MONUMENT AT S. 277*H ST. AND D STREET NW, SAID BRASS SURFACE MONUMENT HAVING AN ELEVATION OF 46.20 FEET. THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN ON THAT CERTAIN RECORD OF SURVEY BY W&H PACIFIC, FOR THE CITY OF AUBURN, RECORDED IN BOOK 130 OF SURVEYS, AT PAGES 236 THROUGH 236C INCLUSIVE, UNDER RECORDING NUMBER 19990708900014, KING COUNTY RECORDS. 0917-0203 UPRRESTJ.DOC 8/16/2000 FWC (425) 951-4800 Fax (425) 951-4808 Planning - Engineering - Surveying - Landscape Design 01 PACIFIC 3350 Monte Villa Parkway Bothell, Washington 98021 UPRR EASEMENT "L" PARCELS 8 & 23 EASEMENT DESCRIPTION AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING THAT PORTION OF THE UNION PACIFIC RAILROAD RIGHT OF WAY (FORMERLY THE CHICAGO- MILWAUKEE-ST.PAUL RIGHT OF WAY), SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST. STATION 36+03.42,25.38 FEET LEFT; THENCE EASTERLY TO S. 2771" ST. STATION 36+24.42,25.37 FEET LEFT; THENCE SOUTHERLY TO S. 277TH ST. STATION 36+24.09,34.88 FEET RIGHT; THENCE WESTERLY TO THE WESTERLY LINE OF SAID RIGHT OF WAY AT S. 2771" ST. STATION 36+03.09, 34.87 FEET RIGHT; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF --BEGR4NING. THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN ON THAT CERTAIN RECORD OF SURVEY BY W&H PACIFIC, FOR THE CITY OF AUBURN, RECORDED IN BOOK 130 OF SURVEYS, AT PAGES 236 THROUGH 236C INCLUSIVE, UNDER RECORDING NUMBER 19990708900014, KING COUNTY RECORDS. 0917-0203 UPRRESTL.DOC 8/16/2000 FWC (425) 951-4800 Fax (425) 951-4808 Planning - Engineering - Surveying - Landscape Design 9 PACIFIC 3350 Monte Villa Parkway Bothell, Washington 98021 UPRR EASEMENT "M" - - PARCEL 8 EASEMENT DESCRIPTION AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING A PORTION OF THE UNION PACIFIC RAILROAD RIGHT OF WAY (FORMERLY THE CHICAGO- MILWAUKEE-ST.PAUL RIGHT OF WAY), SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID RIGHT OF WAY, AT S. 277 711 ST. STATION 37+33.48, 35.00 FEET LEFT; THENCE WESTERLY TO S. 277TH ST. STATION 37+21.38, 35.00 FEET LEFT; THENCE SOUTHERLY TO SAID RIGHT OF WAY LINE AT S. 277"H ST. STATION 37+21.38,14.85 FEET LEFT; THENCE EASTERLY, AND NORTHERLY ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING. THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN ON THAT CERTAIN RECORD OF SURVEY BY W&H PACIFIC, FOR THE CITY OF AUBURN, RECORDED IN BOOK 130 OF SURVEYS, AT PAGES 236 THROUGH 236C INCLUSIVE, UNDER RECORDING NUMBER 19990708900014, KING COUNTY RECORDS. 0917-0203 UPRRESTM.DOC 8/16/2000 FWC (425) 9514800 Fax (425) 9514808 Planning • Engineering • Surveying • Landscape Design R1 Temporary Surface Easement Descriptions PACIFIC 3350 Monte Villa Parkway Bothell, Washington 98021 UPRR EASEMENT "K" PARCELS 8 & 23 EASEMENT DESCRIPTION AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING THAT PORTION OF THE UNION PACIFIC RAILROAD RIGHT OF WAY (FORMERLY THE CHICAGO- MILWAUKEE-ST.PAUL RIGHT OF WAY), SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277"' ST. STATION 36+03.60,56.50 FEET LEFT; THENCE EASTERLY TO THE EASTERLY LINE OF SAID RIGHT OF WAY AT S. 277"' ST. STATION 37+33.60,56.50 FEET LEFT; THENCE SOUTHERLY, WESTERLY, AND SOUTHERLY, ALONG SAID EASTERLY LINE TO S. 277"' ST. STATION 37+02.95,60.50 FEET RIGHT; THENCE WESTERLY TO THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277"' ST. STATION 36+02.94,60.50 FEET RIGHT; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN ON THAT CERTAIN RECORD OF SURVEY BY W&H PACIFIC, FOR THE CITY OF AUBURN, RECORDED IN BOOK 130 OF SURVEYS, AT PAGES 236 THROUGH 236C INCLUSIVE, UNDER RECORDING NUMBER 19990708900014, KING COUNTY RECORDS. 0917-0203 UPRRESTK.DOC EXPIRES 8 - /% O 8/16/2000 FWC (425) 951-4800 Fax (425) 951-4808 Planning • Engineering • Surveying • Landscape Design �+ I PACIFIC 3350 Monte Villa Parkway Bothell, Washington 98021 UPRR TEMPORARY CONSTRUCTION EASEMENT "R" - PARCEL 8 EASEMENT DESCRIPTION AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING A PORTION OF THE UNION PACIFIC RAILROAD RIGHT OF WAY (FORMERLY THE CHICAGO- MILWAUKEE-ST.PAUL RIGHT OF WAY), SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT S. 277•" ST. STATION 36+14.49, 56.50 FEET LEFT; THENCE NORTHERLY TO S. 277TH ST. STATION 36+17.01, 90.01 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 36+42.83, 90.55 FEET LEFT; THENCE SOUTHERLY TO S. 2771*H ST. STATION 36+42.80, 56.50 FEET LEFT; THENCE WESTERLY TO THE POINT OF BEGINNING. THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN ON THAT CERTAIN RECORD OF SURVEY BY W&H PACIFIC, FOR THE CITY OF AUBURN, RECORDED IN BOOK 130 OF SURVEYS, AT PAGES 236 THROUGH 236C INCLUSIVE, UNDER RECORDING NUMBER 19990708900014, KING COUNTY RECORDS. 0917-0203 UPRRESTR.DOC 8/17/2000 FWC (425) 951-4800 Fax (425) 951-4808 Planning • Engineering • Surveying • Landscape Design E