HomeMy WebLinkAbout20051006000646 QUIT CLAIM DEED 100605.1- -3 i3-I-7-
WHEN RECORDED MAIL TO:
City of Auburn, Public Works Depa
25 West Main Street
Auburn, WA 98001
20051001
PACIFIC NW TIT OCO
PAGE001 OF 006
10/06/2005 OTY, UAB
37 .00
E2160170
10/06/2005 11:36
KING COUNTY, WA
TAX $10.00
SALE $0.00 PAGE001 OF 001
QUITCLAIM DEED
GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation
GRANTEE: CITY OF AUBURN, a Washington municipal corporation
Abbreviated Legal Description:
Ptn. SE'/4SE'/ of Section 13, Township 21 North, Range 4 East, W.M., King
County, Washington. ( 'b D 8)
Assessor Property Tax Parcel Account Numbers:
No Tax Parcel No.-Railroad r-o-w.
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92 0 lb OR" wpon Oft.
BNSF RAILWAY COMPANY, a Delaware corporation, (formerly known as
The Burlington Northern and Santa Fe Railway Company and formerly known as
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 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, a Washington municipal corporation, of 25 West Main Street, Auburn,
Washington 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, 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, additional legal description is described in EXHIBIT "A",
consisting of one (1) page attached hereto and made a part hereof.
The obligations in this Section shall be binding upon Grantee and its heirs,
successors and assigns, and shall be covenants running with the land benefiting
Grantor and Grantor's successors and assigns.
(a) Grantee's interest shall be subject to the rights and interests of
Grantor, Grantor's licensees, permittees and other third parties in and to all
existing driveways, roads, utilities, fiber optic lines, tracks, wires and easements of
any kind whatsoever on the Property whether owned, operated, used or
maintained by the Grantor, Grantor's licensees, permittees or other third parties
and whether or not of public record. Grantor shall have a perpetual easement on
the Property for the use of such existing driveways, roads, utilities, fiber optic
lines, tracks, wires and easements by Grantor and Grantor's licensees, permittees
and customers.
(b) Grantee's interest shall be subject to a reservation to Grantor of all
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, 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,
together with the right of access at all times to exercise said rights.
(c) Any improvements constructed or altered on the Property after the
date Grantor quitclaims its interest to Grantee shall be constructed or altered in
such a manner to provide adequate drainage of water away from any of Grantor's
railroad tracks on nearby property.
Grantee has been allowed to make an inspection of the Property.
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 IS NOT RELYING ON ANY REPRESENTATION OR
WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER FROM
GRANTOR AS TO ANY MATTERS CONCERNING THE PROPERTY, including,
but not limited to the physical condition of the Property; zoning status; tax
consequences of this transaction; utilities; operating history or projections or
valuation; compliance by the Property with Environmental Laws (defined below) or
other laws, statutes, ordinances, decrees, regulations and other requirements
applicable to the Property; the presence of any Hazardous Substances (defined
below), wetlands, asbestos, lead, lead-based paint or other lead containing
BNSF 03962 Auburn, WA 2
structures, urea formaldehyde, or other environmentally sensitive building
materials in, on, under, or in proximity to the Property; the condition or existence
of any of the above ground or underground structures or improvements, including
tanks and transformers in, on or under the Property; the condition of title to the
Property, and the leases, easements, permits, orders, licensees, or other
agreements, affecting the Property (collectively, the "Condition of the Property").
Grantee represents and warrants to Grantor that Grantee has not relied and will
not rely on, and Grantor is not liable for or bound by, any warranties, guaranties,
statements, representations or information pertaining to the Property or relating
thereto (including specifically, without limitation, Property information packages
distributed with respect to the Property) made or furnished by Grantor, the
manager of the Property, or any real estate broker or agent representing or
purporting to represent Grantor, to whomever made or given, directly or indirectly,
orally or in writing. Grantee assumes the risk that Hazardous Substances or other
adverse matters may affect the Property that were not revealed by Grantee's
inspection and indemnifies, holds harmless and hereby waives, releases and
discharges forever Grantor and Grantor's officers, directors, shareholders,
employees and agents (collectively, "Indemnitees") from any and all present or
future claims or demands, and any and all damages, Losses, injuries, liabilities,
causes of actions (including, without limitation, causes of action in tort) costs and
expenses (including, without limitation fines, penalties and judgments, and
attorneys' fees) of any and every kind or character, known or unknown, which
Grantee might have asserted or alleged against Indemnitees 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 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 necessaryto cause the Grantor remaining property or the operations
or 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
on the Property. The term "Environmental Law" means any federal, state or
local statute, regulation, code, rule, ordinance, order, judgment, decree, injunction
BNSF 03962 Auburn, WA
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. The term "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. The provisions of this Section shall be binding on
Grantee, and its heirs, successors and assigns, and shall be covenants running
with the land.
TO HAVE AND TO HOLD the Property, together with all the appurtenances
thereunto belonging, unto the said Grantee, its successors and assigns, forever.
IN WITNESS WHEREOF, the said Grantor caused this instrument to be
signed by its authorized representative, attested b its Assistant " ecretary, and its
corporate seal to be affixed hereto on the day of Sfi ,
2005.
BNSF RAILWAY COMPANY
V4AY
~~kQ p°
AL
AWN
By:
Dalen E. Wintermute
Manager-Land Revenue Management
ATTEST:
By:
Patricia Zbichors
Assistant Secretary
BNSF 03962 Auburn, WA 4
STATE OF TEXAS §
§ SS.
COUNTY OF TARRANT V
On this ~Q4 day of , 2005, before
me, the undersigned, a Notary Public Wand for the State of Texas, duly
commissioned and sworn, personally appeared Dalen E. Wintermute and Patricia
Zbichorski, to me known to be the Manager-Land Revenue Management and
Assistant Secretary, respectively, of BNSF 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 written.
o°•~° Np A B U~4T •,o
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r~ti1f3ER 21
Not ry Public 1' nd fort the State of
Tex s
Residing at: , Texas
My appointment expires: 9Z640atr
FORM APPROVED BY LAW
APPROVED
LEGAL
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APPROVED
FORM
Mod
APPROVED
BNSF 03962 Auburn, WA 5
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EXHIBIT "`A"
LEGAL DESCRIPTION
CITY PROPOSED ADDITIONAL TAKE FROM BNSF
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF VACATED PORTION OF "A" STREET
SOUTHWEST AS DESCRIBED IN ORDINANCE NUMBER 378;
THENCE SOUTH 89°06'43" EAST ALONG THE NORTH LINE OF SAID VACATED
PORTION OF "A" STREET SOUTHWEST, 21.13 FEET TO A POINT NORTHEASTERLY
AND 35.00 FEET FROM CENTERLINE STATION 431+16.63 OF THE NORTHERN
PACIFIC RAILWAY AS SHOWN ON THE RIGHT OF WAY PLAT FOR THE SEATTLE LINE
OF N.P.R., LOCATED IN KING COUNTY, WASHINGTON, IN THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH,
RANGE 4 EAST, W.M.;
THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT THAT IS PARALLEL WITH
AND 35.00 FEET NORTHEASTERLY FROM THE CENTERLINE OF SAID NORTHERN
PACIFIC RAILWAY WHOSE RADIAL CENTER BEARS NORTH 38°11'50" EAST, 681.20
FEET, THROUGH A CENTRAL ANGLE OF 24°47'28", AN ARC DISTANCE OF 294.74
FEET TO A POINT NORTHEASTERLY AND 35.00 FEET FROM CENTERLINE STATION
428+06.74 OF SAID NORTHERN PACIFIC RAILWAY AND THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 00°56'56", AN ARC LENGTH OF 11.28 FEET;
THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER
BEARS NORTH 29°38'51" WEST, 106.50 FEET, THROUGH A CENTRAL ANGLE OF
42°13'49", AN ARC DISTANCE OF 78.50 FEET;
THENCE WESTERLY ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS
NORTH 12°34'58" EAST, 570.60 FEET, THROUGH A CENTRAL ANGLE OF
02°04'12", AN ARC DISTANCE OF 20.62 FEET;
THENCE EASTERLY AND NORTHEASTERLY ALONG A CURVE TO THE LEFT WHOSE
RADIAL CENTER BEARS NORTH 14°39'10" EAST, 120.60 FEET, THROUGH A
CENTRAL ANGLE OF 41°28'35", AN ARC DISTANCE OF 87.30 FEE TO THE TRUE
POINT OF BEGINNING. _
CONTAINING 377 SF, MORE OR LESS
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