HomeMy WebLinkAbout20001101001232 QUIT CLAIM DEED 110100pr 3.131, 9-'
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Return Address:
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20001101001232
PACIFIC NW TIT QCD 17.00
PAGE 001 OF 010
KING COUNTY, WA
E1785144
11/01/2000 14:18
KING COUNTY, WA
SALE _10.00 _ PAGE 001 OF 002
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Document Title(s) (or transactions contained therein): (all areas applicable to your document mast be filled in)
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Reference Number(s) of Documents assigned or released:
i0n/7 PAJAI T '72-09-12-
Additional reference #'s on page of document
Grantor(s) (Last name first, then first name and initials)
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El Additional names on page of document. .
Grantee(s) (Last name first, then first name and initials)
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Additional names on page of document. Legal description (abbreviated: i e. lot, block, plat or section, township, range)
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Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
635000 -0105 4
Assessor Tax # not pet assigned
WHEN RECORDED MAIL TO:
City of Auburn, WA
25 West Main Street
State of Washington 98001
QUITCLAIM DEED
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY, a Delaware corporation, (formerly Burlington Northern Railroad Company),
of 2500 Lou Menk Drive, Fort Worth, Texas 76131-2830, hereinafter called "Grantor", for
and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable
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consideration, in hand paid, conveys and quitclaims, without any covenants of warranty
whatsoever and without recourse to the Grantor, its successors and assigns, to CITY OF
AUBURN, WA, a municipal corporation, of 25 West Main Street, State of Washington
0 98001, hereinafter called "Grantee", all its right, title and interest, if any, in real estate
(exclusive of any improvements thereon), subject however, to all existing interests,
c= including but not limited to all reservations, rights-of-way and easements of record or
otherwise, situated in the County of King, State of Washington, hereinafter called
"Property", together with all after acquired title of grantor therein, more particularly
described as follows:
That portion of Lot 6 and 7, Block 2, of J.M. Ogle's Addition to the Town
of Slaughter; that portion of "A" Street SW vacated by the City of Auburn
Ordinance 378; and that portion of the SE'/4SE'/a of Section 13, Township
21 North, Range 4 East, W.M., in King County, Washington, additional
legal description is on page 7 in EXHIBIT "A", consisting of one (1) page,
attached hereto and made a part hereof.
Assessor's Property Tax Parcel Account Number(s): 635000-0105 & 132104-9109.
EXCEPTING AND RESERVING, unto Grantor, its successors and assigns, all of
the coal, oil, gas, casing-head gas and all ores and minerals of every kind and nature,
including sand and gravel underlying the surface of the Property herein conveyed, together
with the full right, privilege and license at any and all times to explore, or drill for and to
protect, conserve, mine, take, remove and market any and all such products in any manner
which will not damage structures on the surface of the Property herein conveyed, together
with the right of access at all times to exercise said rights.
Grantee has been allowed to make an inspection of the Property and has knowledge
as to the past use of the Property. Based upon this inspection and knowledge, Grantee is
aware of the condition of the Property and GRANTEE ACKNOWLEDGES THAT
GRANTEE IS PURCHASING THE PROPERTY ON AN "AS-IS WITH ALL
FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS,
INCLUDING THOSE RELATING TO THE ENVIRONMENTAL CONDITION OF
THE PROPERTY, AND THAT GRANTEE IS NOT RELYING ON ANY
REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY
KIND WHATSOEVER FROM GRANTOR AS TO ANY MATTERS
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CONCERNING THE PROPERTY, including the physical condition of the Property and
any defects thereof, the presence of any hazardous substances, wastes or contaminants in,
r' on or under the Property, the condition or existence of any of the above ground or
T-- underground structures or improvements in, on or under the Property, the condition of title
to the Property, and the leases, easements or other agreements affecting the Property.
Grantee is aware of the risk that hazardous substances and contaminants may be present on
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the Property, and indemnifies, holds harmless and hereby waives, releases and discharges
forever Grantor from any and all present or future claims or demands, and any and all
damages, loss, injury, liability, claims or costs, including fines, penalties and judgments,
and attorney's fees, arising from or in any way related to the condition of the Property or
alleged presence, use, storage, generation, manufacture, transport, release, leak, spill,
disposal or other handling of any hazardous substances or contaminants in, on or under the
Property. Losses shall include without limitation (a) the cost of any investigation, removal,
remedial or other response action that is required by any Environmental Law, that is
required by judicial order or by order of or agreement with any governmental authority, or
that is necessary or otherwise is reasonable under the circumstances, (b) capital
expenditures necessary to cause the Grantor's remaining Property or the operations or
BNSF 0/681 Auburn, WA 2
business of the Grantor on its remaining Property to be in compliance with the
requirements of any Environmental Law, (c) losses for injury or death of any person, and
(d) losses arising under any Environmental Law enacted after transfer. The rights of
Grantor under this section shall be in addition to and not in lieu of any other rights or
remedies to which it may be entitled under this document or otherwise. This indemnity
specifically includes the obligation of Grantee to remove, close, remediate, reimburse or
take other actions requested or required by any governmental agency concerning any
hazardous substances or contaminants on the Property.
The term "Environmental Law" means any federal, state or local statute, regulation,
code, rule, ordinance, order, judgment, decree, injunction or common law pertaining in any
way to the protection of human health or the environment, including without limitation, the
Resource Conservation and Recovery Act, the Comprehensive Environmental Response,
Compensation and Liability Act, the Toxic Substances Control Act, and any similar or
comparable state or local law.
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C-4 The tern "Hazardous Substance" means any hazardous, toxic, radioactive or
infectious substance, material or waste as defined, listed or regulated under any
° Environmental Law, and includes without limitation petroleum oil and any of its fractions.
Grantee acknowledges that Grantor's property for sale, may be subject to reversion
upon abandonment of use for Railroad purposes and that the Quitclaim Deed is for the
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C= purpose of releasing the Grantor's interest in said subject Property.
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By acceptance of this deed, Grantee acknowledges that a material consideration for
this conveyance, without which it would not be made, is the agreement by the Grantee for
itself and for its successors and assigns, that the Grantor, its predecessors, successors, and
assigns shall be in no manner responsible to the Grantee, any subsequent owner, purchaser,
or any person interested therein for any and all claims, demands, damages, causes of action
including loss of access, or suits regarding the quiet and peaceable possession of such
Property, title thereto, or condition thereof.
BNSF 0!682 Auburn, WA 3
TO HAVE AND TO HOLD the Property, together with all the appurtenances
thereunto belonging, unto the said Grantee, its successors and assigns, forever.
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IN WITNESS WHEREOF, the said Grantor caused this instrument to be signed
by its authorized representative, attested by its Assistant Secretary, and its corporate seal to
be affixed hereto on the day of J , 2000.
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BNSF 0/682 Auburn, WA
THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
By:
D. P. Schneid r
General Director Real Estate
ATTEST:
By:
Patricia ZbichorslW
Assistant Secretary
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ACCEPTED:
CITY OF AUBURN, WA
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By:
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Name:
Title:
STATE OF WASHINGTON §
§ SS.
COUNTY OF KING §
On this day of 2000, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn, personally appeared Ch ("g".I.9, k ` ooh h , to me
known to be the rV\ k 02_ of CITY OF AUBURN, WA,
the municipal corporation th t accepted the foregoing instrument, and acknowledged the
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 are authorized to accept said
instrument for said corporation.
Witness my hand and official seal hereto affixed the day and year first above
written.
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Notary Public for the S ate f W/asshington
Residing at. c ~-h Cp l,.e
My appointment expires: f t Q3
BNSF 01682 Auburn, WA
STATE OF TEXAS §
§ ss.
COUNTY OF TARRANT §
On this /&A day of 14P /'i , 2000, before me, the
undersigned, a Notary Public in and for t e State of Texas, duly commissioned and sworn,
personally appeared D. P. Schneider and Patricia Zbichorski, to me known to be the
General Director Real Estate and Assistant Secretary, respectively, of THE
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, the
corporation that executed the foregoing instrument, and acknowledged the 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 are authorized to execute the said
instrument and that the seal affixed is the corporate seal of said corporation.
Witness my hand and official seal hereto affixed the day and year first above
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written.
A0" . RHORDA BURTON
•:I' MY COMMISSION EXPIRES
September 21, 2000
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Not Public in and for t fie State of Texas
Residing at: //'1' , Texas
My appointment expires: V4 oZ (/UO
FORM APPROVED BY LAW
APPROVED
LEGAL
APPROVED
FORM
APPROVED
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BNSF 01682 Auburn, WA
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EXHIBIT "A"
That portion of Lot 6 and Lot 7, Block 2 of J. M. Ogle's Addition to the
Town of Slaughter, according to the plat thereof recorded in Volume 6 of
Plats, Page 95, records of King County, Washington; and that portion of
"A" Street SW vacated by the City of Auburn Ordinance No. 378; and that
portion of the SE1/4SE1/4 of Section 1.3, Township 21 North, Range 4 East,
W.M., in King County, Washington:
Beginning at the Northwest corner of said vacated portion of "A" Street
SW;
Thence S89°06'43"E along the North line of said vacated portion of "A"
Street SW, 11.29 feet to the True Point of Beginning;
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Thence continuing S89°06'43"E along said North line, 9.84 feet to a point
Northeasterly and 35.00 feet from centerline station 431+16.63 of the
Northern Pacific Railway (now The Burlington Northern and Santa Fe
Railway Company) as shown on the right of way plat for the Seattle Line of
said Railway, located in King County, Washington, in the SE1/4SE1/4 of
Section 13, Township 21 North, Range 4 East, W.M.;
Thence along a curve to the left that is parallel with and 35.00 feet
Northeasterly from the centerline of said Railway, whose radial center bears
N38°1 1'50"E, 681.20 feet, an arc distance of 294.74 feet to a point
Northeasterly and 35.00 feet from centerline station 428+06.74 of said
Railway;
Thence along a curve to the right whose radial center bears N26°49'25"W,
120.60 feet, an arc distance of 87.30 feet;
Thence along a curve to the right whose radial center bears N14°39'10"E,
570.60 feet, an arc distance of 136.17 feet;
Thence along a curve to the right whose radial center bears N28°19'35"E,
120.60 feet, an arc distance of 110.3 feet to the True Point of Beginning.
BNSF 01682 Auburn, WA 7
NONFOREIGN CERTIFICATE
Exemption From Withholding of Tax
for
Dispositions of U.S. Real Property Interests
Section 1445 of the Internal Revenue Code provides that a transferee of a U.S.
real property interest must withhold tax if the transferor is a foreign person. To inform
the transferee that withholding of tax is not required upon the disposition of a U.S. real
property interest by THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY ("Transferor"), the undersigned hereby certifies the following:
1. Transferor is not a nonresident alien, foreign corporation, foreign
partnership, foreign trust, or foreign estate for purposes of U.S. income taxation. (If the
transferor is a foreign corporation that has made a valid election under Section 897 (1)
of the Internal Revenue Code to be treated as a domestic corporation, a copy of the
acknowledgment of the election provided to the corporation by the Internal Revenue
Service, is attached hereto);
2. Transferor's taxpayer identifying number (Social Security or U.S. employer
number) is 41-603-4000; and
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3. Transferor's executive offices and central place of business are located at
2500 Lou Menk Drive, Fort Worth, Texas 76131-2830.
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Transferor understands that this certification may be disclosed to the Internal
° Revenue Service by the transferee and that any false statement contained herein could
be punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this certification and to
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the best .of my knowledge and belief it is true, correct, and complete, and I further
declare I have authority to sign this document in the capacity indicated.
TRANSFEROR:
THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
By:
D. P. c eider
Its: General Director Real Estate
Date:
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THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
CERTIFICATE OF AUTHORITY
I, Patricia Zbichorski, hereby certify that I am an Assistant Secretary of The
Burlington Northern and Santa Fe Railway Company, the corporation described in and
which executed the foregoing instrument; that said corporation is organized under the laws of the
State of Delaware; that the corporate seal affixed to said instrument is the seal of said
-'korporation, that D. P. Schneider, who executed said instrument as General Director Real
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c,Estate of said corporation, was then General Director Real Estate of said corporation, and has
;been duly authorized to execute the foregoing instrument on behalf of said corporation, binding
(''said corporation to the terms therein. I hereby attest to the validity of the silmature of D. P.
Schneider as contracting officer; that said signature affixed to such instrument is genuine.
V- WITNESS WHEREOF, I have iereunto set my hand and affixed the corporate seal
c=of said corporation, this Iaiay of % do J
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THE BURLINGTON NORTHERN AND
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SANTA FE RAILWAY COMPANY
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--,~d'~ ~FLAWAR~ •O
Patricia Zbicho i
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Assistant Secretary Secretary