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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. Ud d="M*e),A*re flied tor W nOdadon only. R hays rwt twn e=VARW as to PMPN ex or 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 I Q:0 ~OF % F,o ' • ~XP IRE. • `t~a`'~ 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 ~y lL APPROVED FORM Mod APPROVED BNSF 03962 Auburn, WA 5 r 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 f r ` ~4~LLg2~ 1 OF 1 .13.04'