HomeMy WebLinkAbout20010627000180 BRIDGE EASEMENT 062701• N
WHEN RECORDED MAIL TO:
CITY OF AUBURN
25 WEST MAIN STREET
AUBURN, WASHINGTON 98001
t=
C=
0
C'
CV
CM
C)
N
E1825796
06127/2001 09.22
KT G COUNTY, 0. 00
SALE re-96
EASEMENT
AUg 3
~i7Y ?poi
OPA
X0180
14. N
PAGE 001 OF 002
7/N -niw r ~1,r- 9o99-/z
KNOW ALL MEN BY THESE PRESENTS, that THE BURLINGTON
NORTHERN AND SANTA FE RAILWAY COMPANY, (formerly Burlington Northern
Railroad Company), a Delaware corporation, whose address for purposes of this instrument is
2500 Lou Menk Drive, Fort. Worth, Texas 76131, Grantor, for and in consideration of Thirty
Nine Thousand Five Hundred Nine and No/ 100 dollar ($39,509.00) to it paid by the CITY
OF AUBURN, 'a municipal corporation of the State of Washington, Grantee, and the
promises of the Grantee hereinafter specified, does hereby remise, release and quitclaim unto
the Grantee, subject to the terms and conditions hereinafter set forth, an EASEMENT for the
construction, maintenance, replacement, repair and improvement of the South 277" Street.
overhead highway bridge and twelve (12) inch waterline located at Railroad Mile Post 18.22,
hereinafter called highway over, upon and across the following described premises, situated
in King County, State of Washington, to-wit:
That portion of The Burlington Northern and Santa Fe Railway Company's
right of way in the SE'/4NE'/a of Section 36, Township 22 North, Range 4 East,
Willamette Meridian, King County, Washington, complete legal description
described on page 7, as Exhibit "A" consisting of (1) one page, attached
hereto and by this reference made a part hereof.
Assessor's Property Tax Parcel Account Number(s):
Easement hereby granted shall include a TEMPORARY EASEMENT for ingress and egress
of equipment and personnel for CONSTRUCTION PURPOSES only. Said Temporary
Easement consists of those portions of Grantors right of way being more particularly
described as follows:
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 Burlington Northern and Santa Fe Railway Company's 100
foot wide right of way, said easement being described as follows:
Beginning at a point on the Easterly line of said right of way at "B" Street NW
Station 3+7995 distant 27.15 feet left; thence Westerly to "B" Street NW
Station 3+79.95 distant 30.15 feet left; thence Northerly to S. 2771" Street
Station 51+94.75 distant 87.45 feet right; thence Northwesterly to S. 277`''
Street Station 51+84.72 distant 72.00 feet right; thence Westerly to the
Westerly line of said right of way at S. 277" Street Station 50+97.72 distant
72.00 feet right; thence Northerly to S. 277"Street Station 50+97.41 distant
62.50 feet left; thence Easterly to the Easterly line of said right of way at S.
277`" Street Station 51+97.41 distant 62.50 feet left; thence Southerly along
said Easterly line to the Point of Beginning.
cz~
cv
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.
Temporary Easement herein granted shall expire two (2) years after the date of this
instrument or at such earlier time as construction has been completed across lands of the
Grantor.
RESERVING, however, unto the Grantor, its successors and assigns, the right to
construct, place, operate, maintain, alter, repair, replace, renew, improve and remove
communication lines above, below and on the surface of the premises, including, without
limitation, transmission by conduit, fiber optics, cable, wire or other means of electricity,
voice data, video, digitized information, or other materials or information, pipelines, utility
lines, track and facilities including the right of ingress and egress in any such manner as does
not unreasonably interfere with Grantee's use of the premises for said highway, and further
reserving unto Grantor, its successors and assigns, all right and privilege of ingress and egress
to said premises as Grantor, its successors and assigns may require to investigate and
remediate environmental contamination and hazards, and further reserving the right and
privilege to use said land for any and all purposes not inconsistent with the use thereof for
said highway purposes.
BNSF 02187 Auburn, WA 2
The foregoing easement is made subject to and upon the following express conditions:
1. To existing interests in the above-described premises to whomsoever belonging and of
whatsoever nature and any and all extensions and renewals thereof, including but not
limited to underground pipe line or lines, or any type of wire line or lines, if any.
2. Any and all cuts and fills, excavations or embankments necessary in the construction,
maintenance, or future alteration of said highway shall be made and maintained in
such manner, form and extent as will provide adequate drainage of and from the
adjoining lands and premises of the Grantor, and wherever any such fill or
embankment shall or may obstruct the natural and pre-existing drainage from such
lands and premises of the Grantor, the Grantee shall construct and maintain such
c~ culverts or drains as may be requisite to preserve such natural and pre-existing
0o drainage, and shall also wherever necessary, construct extensions of existing drains,
culverts or ditches through or along the premises of the Grantor, such extensions to be
of adequate sectional dimensions to preserve the present flowage of drainage or other
waters, and of materials and workmanship equally as good as those now existing.
c.,
0
3. The Grantee shall bear the cost of removal, relocation or reconstruction of any and all
right of way fences, telephone or telegraph poles, or other facilities, the removal,
relocation or reconstruction of which may be made necessary by reason of the use of
said premises for said highway purposes.
4. The Grantee shall, at its own cost and expense, make adjustment with industries or
other lessees of Grantor for buildings or improvements that may have to be relocated,
reconstructed or destroyed by reason of the construction and maintenance of said
highway on said premises.
5. This instrument is granted according to the terms and conditions of that certain
Construction & Maintenance Agreement between the Grantor and the Grantee dated
January 16, 2001, and made subject to the terms and conditions contained therein.
BNSF 02187 Auburn, WA 3
6. The Grantee or its contractor(s) shall telephone Grantor's Communication Network
Control Center at (800) 533-2891 (a 24 hour number) to determine if fiber optic cable
is buried anywhere on the premises; and if so, the Grantee or its contractor(s) will
contact the Telecommunications Company(ies) involved, and make arrangements with
the Telecommunications Company(ies) for protection of the fiber optic cable prior to
beginning any work on the premises.
7. If the highway over crossing shall at any time cease to be used by the public as a
highway overpass, or shall by operation of law or otherwise become vacated or
abandoned, the rights and benefits to the Grantor under this easement shall
immediately cease and the Grantor shall be entitle to repossess the land to which it has
granted to the Grantee and to use the land thereafter as if this easement had never been
executed, without the necessity of any further legal proceeding.
The Grantee agrees to keep the above-described premises free and clear from
combustible materials and to cut and remove or cause to be cut and removed at its sole
expense all weeds and vegetation on said premises, said work of cutting and removal
to be done at such times and with such frequency as to comply with Grantee and local
laws and regulations and abate any and all hazard of fire.
CI-41
1.Q
C> 9. The Grantor does not warrant its title to said premises nor undertake to defend the
Grantee in the peaceable possession, use or enjoyment thereof; and the grant herein
c made is subject to all outstanding rights or interest of others, including the tenants and
ev
licensees of the Grantor.
10. This easement shall be binding upon and inure to the benefit of the heirs, executors,
administrators, assigns and successors of Grantor and Grantee.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and
appurtenances thereunto belonging to Grantee for public use and enjoyment for the purposes
aforesaid and for no other purpose whatsoever subject to the terms and conditions
hereinbefore stated.
BNSF 02187 Auburn, WA 4
IN WITNESS WHEREOF, the said THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY has caused this instrument to be signed by its
authorized officer, and the corporate seal affixed on the .4-JIA day of
d P'f2:11,_. , 2001.
0
C`4
CM
G`V
THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
By: A ~2
D. P. Schneider
General Director Real Estate
ATTEST:
rr
'Z- 0 ...I By
I'~~~Illlllllill~t~,
BNSF 02187 Auburn, WA
5
Patricia Zbichor
Assistant Secretary
r
STATE OF TEXAS }
) ss.
COUNTY OF TARRANT )
On this 04VN day of njc~Q , 2001, before me, the
undersigned, a Notary Public in and for the 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 written.
tM.
t'`J
cc~.
vL~CY T_
Notary lic in and for the State of Texas
Residing at `S,~-~• ~ ')-Cr' . ,
A-
My appointment expires: 04,~~ l~ Q
NU rcy %
/y
e sQ6
~`r tipC~Y P&
z
VIA.
FORM APPROVED BY LAW:
APPROVED
LEGAL
APPROVED
FORM
APPROVED
6
BNSF 02187 Auburn, WA
i
EXHIBIT "A"
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. Burlington Northern and Santa Fe Railway Company's 100
foot wide 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" Street
Station 50+97.46 distant 42.50 feet left; thence Easterly to the Easterly line of said
right of way at S. 277' Street Station 51+97.46 distant 42.50 feet left; thence
Southerly along said Easterly lien to S. 277" Street Station 51+97.67 distant 52.00
feet right; thence Westerly to the Westerly line of said right of way at S. 277`"
Street Station 50+97.67 distant 52.00 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 40.00 feet, and the top plane shall be at Elevation 110.00 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' Street and D Street NW, said
CZ), brass surface monument having 'an elevation of 46.20 feet.
C=~.
cv 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
c? 19990705900014, King County Records.
ca:
c~
BNSF 02187 Aubur», WA 7