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HomeMy WebLinkAbout7306120469 STREET EASEMENT 061273r 17 nJ -10 C'1 G r~ r 13 y ; ;L EASEMENT The Grantor, BURLINGT(?N NORTHERN INC., a Delaware corporation hereinafter called Railway Company, for and in consideration. of Eight Hundred Twenty and No/100 Dollars ($820,00) to it paid; and the agreements herein contained, does hereby grant'to the CITY OF AUBURN, hereinafter called City, an easement for public roadway purposes only upon and across the surface of the Railway's right of way, and for no other purpose, upon the following-described premises situated in King County, State of Washington. Those areas located in the SE-3-4S.Ek of n' 1:~; ► Township 21 North, Range 4 East, W .M. , an the SW4-SW4 of Section 18, Township 21 North, Range 5 East, W.M., at Auburn, Washington, as shown in RED color on Exhibit "A" map dated August 4, 1972, attached hereto and by this reference made a part hereof. This easement is made subject to and upon 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 con- struct, maintain, repair, renew, reconstruct, replace and operate present tracks and future tracks, communication, signal and elec- tric power lines, utilities and other types of facilities on said property when deemed necessary or expedient to 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 or nature whatsoever and any and all extensions or renewals thereof. II The City agrees to provide, at its sole cost and expense, ade- quate drainage of the Railway Company's property in connection with construction and maintenance of said highway structure, also agrees to reimburse the Railway Company for any and all expense incurred by it by reason of any failure of the City to provide such drainage. III This easement is granted pursuant to the terms of the construct- ion agreement entered into between the parties dated 2,6, l9? =3 IV In the event that said property shall at any time cease to be used by the public as street or highway grade crossing, or shall by operation of law or otherwise become vacated or abandoned, the easement herein granted shall immediately cease and terminate without notice of other proceedings on the part of the Railway Company, and the City, its successors or assigns, shall reconvey immediately said property to the Railway Company. N I~ • w EASEMENT (continued) CJ O ~I 1 IN WITNESS WHEREOF, the parties hereto ha a ex~•uted this agreement in duplicate this day of 3 ACCEPTED AND APPROVED 4- ZC) 197,2 01 CITY O AUBURN By/ STATE OF MINNESOTA ) County of Ramsey ) BURLINGTON NORTHERN INC. By Vice Pres Attest On this o day of C~ , before me personally appeared Q. F. DEF[_EL, to me known to be a Vice President and R. K. DIMLY Secretary of Burlington Northern Inc., the corporation that executed men the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Burlington Northern Inc., 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 Burlington Northern Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. M. M. SMITH „ NOTARY PUBLIC - MINNESOTA RAMSEY COUNTY Notary Public in and for the. State of My Comm. Expires Dec. 18, 1979 isVW residing in My Commission expires i 15W. Page Two '021- z -IQ oc. d ! 17 ''-'~+a~'~. ~ moo{{ ~ ~ ' ~ Y I MIL+At ~ \ J 1111 ~ ' L s 110• ~r 0 ~e. X11 t}+. Fpb 0. p ILL Cora. r. © 't'ow e R . l•; h_ cho'.fQ. ~ t~ ' I •'ir.~ 1 : l .a 5 I I 'rrt-- • - - >9.X r ill- ~ ~ WL.~ ! 4 r'. 1~ . ~~•r f ,14 !j t' Ry. fQ./P244 r ?.Od i~ DIV15ION I lb b 4 # - 39a l W-13r r., o: . e 2 .l& T.T. Sfre~ U~r r Xiay. jF'eroe .1504e I~~E I l 5.44.} Dwarf Sid. r., C >III ~ ~01 4 a Q~ o ibif" ` 1 cy I` ti. ~?6s3 - _ d ■ ,o ■ a 777 24 t 5 r, 'EAT H 6.1. W4:3, l2 401 ¢a l 1 e 4o n A'ubul-n -ya f - hvc~trJ ~~'ed,. h~'i'rl 't.l~~C?~~ ~JNlii Si~iGl!_G:3i7 ~ S{JaG~32i a=~la~~sla L I 01 UX Z I .OF X16: 10 silk - s CQ a 0 W 0 o7' N cr .o m r d ra CD -ra c ~t> rv C c o~ C7" U, c Dc cn • a c /T~ cm