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HomeMy WebLinkAbout6599830 STREET EASEMENT 1217696599830 EASEMENT W-,59o9 - VOL 242 .fAI. E303 .f✓7.3W The Grantor, NORTHERN PACIFIC RAI51AY COMPANY, a Wisconsin ration,, hereinafter called Railway Company, for and in consideration Thousand Dollars ($2,000.00) aid, and the agreements herein contained to the City of Auburn, a municipal corporation of the State of Washington, hereinafter called Grantee: This easement is subject to the following express conditions: I The Railway Company, for itself and its successors and assigns, reserves all rights to use the property hereinbefore described for any and all purposes whatsoever not inconsistent with the easement hereby granted, including') but not limited to, the right to construct, maintaih, repair, renew,reconstruct, replace and operate present tracks and future tracks, communication, signal electric power pole, private and public lines, utilities and other_types of facilities on said property when deemed necessary or expedient ito the Railway Company. Rights reserved shall be so exercised as not to damage or interfere with the highway as above defined. This easement is subject to all existing interests of third parties in said property of any kind of nature whatsoever and any and all extensions or renewals thereof. II. ~n An easement, to use._for_highway purposes, and for no other purpose, CC) upon the following described premises: That portion of Government Iot'1, Section 1, Township 21 North, 'Range 4 East, W.M., shown in RED color on the map identified as Exhibit "A", attached hereto and made a part hereof. The Grantee agrees at its sole cost and expense to provide adequate drainage of the..Railway Company's property in connection with construction and maintenance of said highway and grade crossing, also agrees to reimburse the Railway Company for arty and all expense incurred by it by reason of any failure of the Grantee to provide such drainage. III In the event the construction, maintenance or use of said highway may interfere with or create a hazard to the communication, signal, or electric- power lines, or other pole lines, called "facilities" in the rest of this paragraph, of the Railway Company, The Western Union Telegraph Company or any other person using the Railway Company's property, the Grantee or its contractor shall give the Division Superintendent of the Railway Company at (Tacoma or Spokane, Washington) sufficient advance written notice of such eventuality to enable the Railway Company or its permittees to take such corrective action as is deemed necessary at its or their option. In such event, the Grantee shall pay the entire cost and expense of such work, upon receipt of bills therefor. The Grantee shall also pay to the Railway.Company or its permittees, as the case may be, the cost of repairing or replacing the facilities arising or growing out of or in any manner connected with construction or maintenance of said highway. 2v bq -1- FACE z VOL 4 IV 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 cost`and expense all weeds, brush, trees, and other vegetation on said premises, said work-of cutting and removal to be done at such times and with such frequency as to prevent the growth of such vegetation from interferring with the wires of-any pole line and comply with Federal, State and local laws and regulations and abate any O and all hazard of fire*. co V I The Grantee agrees that in removing snow from said highway it shall perform said work in such a manner so as not to deposit the snow on the roadbed and tracks of the Railway Company. It is understood that the Railway Company, in maintaining its line of road may deposit some snow on the highway, and in the event of such occurrence the Grantee agrees to remove the snow at its expense. .VI The Grantee agrees. to indemnify and save harmless the Railway Company and any other railroad company or companies using its property with its.consent from any and all loss,.cost,. damage or expense arising out of work performed by the Grantee or its contractor in constructing and maintaining said highway, regardless of-whether such loss, cost, damage or,expense.arises out of damage to or.destruction of the property of the Railway Company or any person, firm or corporation whatsoever, or out of claims for personal injuries or death. VII Upon presentation of bills therefor, the Grantee shall reimburse the Railway Company for any and all costs and expenses incurred by the Railway Company including but not limited to, preliminary investigation, any survey work performed, cross-section and easement drawings, plans and estimates prepared by Railway Company forces in connection with the con- struction of the highway:and appurtenances on the above-described premises. VIII ' The Grantee shall pay any and all cost of protecting or flagging such trains as may appear necessary to the Railway Company during the con- struction, reconstruction, repair or maintenance of said highway and grade crossing. IX It is understood that the details of construction and maintenance of said facilities, together with signals, if any, shall be covered by separate contract or contracts between the Railway Company and the Grantee, which by this reference are fully incorporated herein and made a part hereof. X This agreement is granted upon the express condition precedent of an order of the Washington Utilities and Transportation Commission, if required, satisfactory to both grantor and grantee. -2- VOL 242 WE 305 XI co C?` 0' to .10 If the Railway Company enters into a contract or agreement with a contractor to perform any of the work, which the Railway Company is required to perform under the terms of this agreement by reason of the construction of the highway project, the Railway Company, for itself, its assigns and successors in interest, agrees that it will not discriminate in its choice of contractors and.will include all the nondiscrimination provisions set forth in Exhibit'+'B'i, attached hereto and made a part hereof, in any such contract or agreement. XII The Grantee further..agrees that any contract which it shall let for the construction of the highway on the right of way of the Railway Company under,this easement shall provide that the contractor shall: a. Assume all liability for and indemnify and save hannless the Railway Company (and any other"railroad company or companies using its tracks with its consent), from and against and at,its expense defend the Railway Company (and such other railroad company or companies) from and against, any and all claims, suits, loss, cost, damage or expense on account of injuries to or death of any and all persons whomsoever, including the contractor, sub- contractors, employees of the contractor, employees of the subcontractors and employees of the Railway Company (and such other railroad company or companies), and on account of any and all damage to property to whomsoever belonging, in- cluding property owned by, rented to or.in the care, custody and control of the parties hereto,'arising or growing out of, or in any manner connected with the work performed under said contract, for which injury, death or property damage the Railway Company (or such other railroad company or companies) may be, or be alleged to be, liable, regardless of whether or not the contractor, subcontractors.,.the Railway Company, or any other person, firm or corporation may be, or be alleged to be, in whole or in part liable for such injury, death or property damages b. Procure and furnish to the Railway Company the insurance policy, or in lieu thereof a certified copy of said policy as provided for in paragraph "c" hereof, together with an endorsement thereto, under the terms of which the insurance company assumes the liability of the contractor hereunder. c. Carry regular Contractor's Public Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars (4$500,000.00) for all damages arising out of the bodily injuries to or death of one persons, and, subject to that limit for each person, a total limit of not less than One Millioh Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons,in any one accident, and regular Contractor's Property Damage Liability Insurance.providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages to or destruction of property in any one accident and, subject to that limit, a total (or aggregate) limit of not less than One Million Dollars ($1,0003000.00) for all damages to or destruction of property during the policy period. All such policies and endorsements thereto, executed by a corporation qualified to write the same in the State of Washington, shall be approved by the Railway Company as to the insurance company writing same, the amount, form, and substance thereof, and shall be delivered to, the Railway Company prior to the entry upon or use of the Railway Company's property by the Contractor. .3- VOL 24.9- PACE .306 XIII CD ON all In the event that said property shall at any time cease to be used by the public as a street or highway, or shall by operation of law or otherwise become vacated or abandoned, the easement herein granted shall immediately cease and terminate.without notice or other proceedings on the part of the Railway Company, and the Grantee, its successors or assigns, shall reconvey immediately said property to the Railway Company. Dated thisday of , 1969. NORTHERN PACIFIC RAII1 rdAY COMPANY rR{{ l ✓v 0 • yam. 4, < ~1 7~ P r. ...JJJ i~ A _ .."F4 ~ Off. ~d • `~~Y Yy~_'" B3 Al Accepted: CITY OF AUBURN By /3 O' Mayor Attest: City Clerk VOL 2402- PnE,307 STATE OF MINNESOTA) County of Ramsey ) ss Can this ^day of , 19~ , before me personally appeared U. to me~known to be a Vice President and a0. SACKETT to me known to be ASSISTANT Secretary of Northern Pacific Railway Company, the Co corporation that executed the within and foregoing instrument, and Q ack..o:il©dg d said instrument to be the free and voluntary act and deed lD of said Northern Pacific Railway Company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said Northern Pacific Railway Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. c w J. W. THAV tU~, MOUry Public, Ramsey Cour ty, ainn. VOL 242 PAGE 308 SPECIAL ENDORSEMENT (Northern Pacific RailwayCompany) In consideration of the premium at which this policy is written, it is agreed that:- C", 1. Any exclusion or provision appearing in this policy or in any en- Z dorsement attached thereto, eliminating coverage for any obligation or liability assumed by the insured under any contract or agreement or for damage or injury to.or destruction of property occupied,or used.by, or in the care, custody or control of the insured is deleted.. but only as respects that contract entered into between CITY 4 AUBURN and 9 dated , and the insuring agreements are hereby extended to cover the obligations ass=cd by the contractor under the terms of, the following provisions of. said contract:. I ilThe Contractor shall indemnify and save, harmless the Northern Pacific Railway Company from any and all claims, suits, losses, damages or;expenses, on account of injuries to or death of ary and all persons. whomsoever, including the Contractor, subcontrac tors, employees of the Contractor, subcontractors and of said Railway Compar;y, and any and all property damage, arising or grow- ing out of~ or in any manner connected with the work performed",, under this contract, or caused or : occasioned in whole or in part by reason of the presence of the person. or of the property of the Contractor! subcontractors, their;;employees or agents, upon orin proximity to the property -of said Railway Company," "The Contractor further agrees that it will defend, at its own' expense, in.the name and on behalf of said Railway Company, all claims, or:suits for injuries to persons or damage to property, arising ortgrowing out of the work carried on under this contract, for which said Railway Company is liable, or is alleged to be liable." 2. The Northern Pacific Railway Company ands any other railroad company or companies heretofore or hereafter. granted the joint use of the Northern. Pacific RailwayiCompanyts property are named:as additional insureds under this policy,: but only as respects the coverage required by the above con-' tract. 3. The cancellation period provided. for under this policy shall be ',extended to 30 days, but,' on] ,y as respects the. coverage required . by the above ;contracto . von 24? FacE 30~ 59893 ENO /U~EASdM kr MP l 974IX6 to z n m O o ~ Z m A a C p -i m c W z a 3 rn Z, z Gaaof93 6 ~ ~ ~'-~'ST NJ~! M/~i9~1g56. D 7! 0 o rn z A ~ v a ar 3> A Z7 z A m O c ~ Z N m D -p 1 to ~ 19 7- z o -t- ; c, 4 L ~ `m c C t7i 1 L ~ Z ~ Z N boat 2 E . 3 19 - 2 5P• P«E (;vol 4l 3 6, $Q, j ° 57oRiy. Le ,e ` A. Irv i r r /00 7 I I SeA4ENr AlNnOD 9NI~t ,B VZ ~ 3N ;yMN i VOL 240 PACE 310 APPMUDIX "A" Non--Discrimination Provisions of Title VI of the Civil Rights Act of 1964, lluring the performance of this contract, the contractor, for itself, its assignees. and successors in interest (hereinafter referred to as the "contractor"), agrees as foLlotas: _ O M 011 C^ !n .-O (1) Compliance with Regulations: The contractor will comply with the Regulations of the Department of Comrntirce relative, to non-discrL-rd_nation in federally-assisted programs of the D.pt- ment of Commerce (Title 15, Code of Federal. Regulations) Part 6, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contracts (2) Non-discrimination: The contractor, with regard to the.vork performed by it after award.and prior to completion ofthe contract work,, will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 8,4 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A-°11-of the Regulations,,. (3): Solicitations for Subcontracts;- including Procurements of Materials and Equipment: In all solicitations either by comp;ti- ive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall. be notified by the contractor`of the contractor's obligations under this contract and the Regulations relative to non-discri_s-aination on the ground of race, color or national origin., (4) Information and Reports: The contractor will provide all informa- ion and reports required by Ue Regulations, or orders and instruc- tions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facili.t-ies as may be determined by the State Hi&may Department or the Bureau of Publ.ie.Roads to be pertinent to ascertain compliance with such Regulations, orders and instructions. ?There any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so- certify to the State Highway Department, or the Bureau_ of Public Roads as appropriate, and shall set forth what efforts it has made to obtain the .information, (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the non=discrimination provisions of this contract, the State HighT,aay Department shall impose such contract sanctions as it or the Bureau of Public Roads may determi e to be appropriate., includint,, but not limited to, . (a) withholding of payments to the contractor under the contract the c-ont,actor cemplie-s~= and/or (b) cancellation, termination or suspension of the contract, in thole or in part. Sheet 1 of 2 sheets VOL 242 WE 31 1 APPS, NDTX "A't Non--Discrimination Provisions of. Title VI of the Civil Rights Act of 1964• (Cont'd.) (6) Incorporation of Provisions: The contractor will include the provisions of paragraph 1 through in every subcontract, including procure- ments of materials and leases of equipment, unless exempt by the Regu- lations,, order, or instructions issued pursuant thereto. Tre contractor will take such action with respect to any subcontract or procurement as the State Highmay Department or the Bureau of Public Roads may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, hoviever, that, in the event a contractor becomas O involved in, or is threatened with,, litigation with a subcontractor or r supplier as a result-of such direction, the contractor may request the 00 State to enter into such litigation to protect the interests of the Q7` State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. ,Sheet .2 of 2 sheets 36 filed for Record AV 190 Ia P4M. Request of RO ER A. MORRIS, County„AudW G?J Ar t P- co c~ tf\ W4 40 0 - fII ` V FILED for Record at Request of RECORDED 242 Recgxds VOL 343.... ~►j`S`I' OF DEC 17 P 12 36 A/W