HomeMy WebLinkAbout20040802000559 QUIT CLAIM DEED 080204.i~, x-7'(3-(_-,~ .
When Recorded Mail To: E2059673
N 360, 7,1 - 0 ~
08/02/2004 09:28
City of Auburn KING COUNTY, gWA
25 West Main Street SATAX LE $28,283.00 PAGE001 OF 001
Auburn, WA 98001 -
QUITCLAIM DEED -5~/11 3 pNW,
(Washington)
W s l~> `I-1 Ll -1 Z
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
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 municipal corporation of the State of Washington corporation,
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 th~~ore garticuladarly described as
follows: IGWFd by Pacific W rth,,,VC,, Title
a0COMMOdaYlcn Ca;_~e It has not b
The northerly 55 feet of the northeast quarterifiheJrsrorheastrgu,rteoSection
36, Township 21 North, Range 4 East, W.M~iK~kan-6aC;ou;rttytl~Nas in('
ton, lying
easterly of Burlington Northern Railroad Company's right of way, which point is
50 feet distant from the centerline of said right of way, when measured at right
angles thereto, and westerly of Primary State Highway No. 5,.also known as "A"
Street Southeast, and southerly of Ellingson County Road, also known as 368th
Street Southeast also known as 41St Street Southeast.
C) F* Lk
Assessor's Property Tax Parcel Account Number: 362104-9001-09.
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
PRASt1, OnF w I4 t 008 WCO 23.00
PAGE00
08/02/2004 09:29
KING COUNTY, WA
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. drantor shall have a non-exclusive easement for
the construction, maintenance and operation of one or more pipelines or fiber optic
lines and any and all communications facilities as may be located in the future on the
Property within 60 feet of the center line of any Main Track on or adjacent to the
Property and as may be presently located on the Property.
(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 IN AN "AS-IS WITH ALL FAULTS" BASIS WITH
ANY AND ALL PATENT AND LATENT DEFECTS 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 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
BNSF - Auburn, WA 2
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 necessary
to 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 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, to the said Grantee, its successors and assigns, forever.
BNSF - Auburn, WA 3
IN WITNESS WHEREOF, the said Grantor caused this instrument to be signed
by its authorized representative, Inay ed by its As ist nt Secretary, and its corporate
seal to be affixed hereto on the of , 2004.
THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
By:
ch iei er
General Director Real Estate
-SP,N A
NE
E
n=
02.• Sz
ATTEST:
By:
Patricia Zbicho
Assistant Secretary
Grantor's Federal Tax ID No.: 41-6034000
FORM APPROVED BY LAW
APPROVED
LEGAL
APPROVED
FORM
APPROVED
ACCEPTED:
CITY U
By:
BNSF - Auburn, WA 4
~i
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
. On this 711- day of , 2004, before me, the
undersigned, a Notary Public in d for We tate of Washington, duly commissioned and
sworn, personally appeared 1 rwa 73. X ~ , to me known to be the
of the CITY OF AUBURN, a municipal corporation of
the State Wash ngton, that 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 he is authorized to accept the said
instrument and that the seal affixed is the corporate seal of said corporation.
Witness my f~ agfficial seal hereto affixed the day and year first above written.
PPP.p► BpTy''~,,
S ti.* o~ SOT AR k 0 S
Nota Public for the State of Washington
PL;
•;,~o Residing at:
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10-9-01 py
OF My appointment expires:
STATE OF TEXAS kkk``°""
) ss.
COUNTY OF TARRANT )
On this day of 2004, before me, the
undersigned, a Notary Public in and for the St a 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 Delaware 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 d4y and year first above written.
" p RHONDA BURTON
NotaPy Public
State of Texas
My Commission Eq*es
September 21.2DO4
ota Public ' and f r the State of Texas
Resi g at: , Texas
My app 'ntment expires:
BNSF - Auburn, WA 5