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HomeMy WebLinkAbout2443 CITY CLER19 OFFICE 0 CITY OF AdgUNN O 25 West Main Auburn, WA 98001 1 RESOLUTION NO. 2 4 4 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF 4 AUBURN AND THE BURLINGTON NORTHERN RAILROAD COMPANY TO WIDEN AND IMPROVE AUBURN WAY SOUTH AND RECONSTRUCT RAILWAY BRIDGE 5 NO. 102 1 6 WHEREAS, the existing Railroad Bridge No 102 1 was 7 constructed under an Agreement designated as Northern Pacific 8 Railway Docket No 15936, dated July 29, 1932 , between the 9 Northern Pacific Railway Company and the City of Auburn; and 10 WHEREAS, the Burlington Northern Railroad Company is a`I 11 0 successor in interest by merger to the Northern Pacific O G12 Railway Company; and a!� 13 WHEREAS, in the interest of public safety and aiding 14 motor vehicle traffic, the City is widening and improving 15 Auburn Way South where it passes beneath the Railway's 16 existing Bridge No 102 1; and 0 17 WHEREAS, in connection with said project it will be 18 _ necessary that the existing Railway Bridge No 102 . 1 over 19 Auburn Way South be reconstructed 20 r r NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, w 21 Y WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 0 22 { RESOLVES AS FOLLOWS 23 Section 1. The Mayor and City Clerk are hereby u 24 authorized to execute a Construction and Maintenance Agreement 25 7 26 Resolution No. 2443 October 28, 1993 Page 1 i 1 2 between the City of Auburn and the Burlington Northern Railway to widen and improve Auburn Way South and reconstruct Railroad 3 Bridge 102 . 1. A copy of said Agreement is attached hereto and 4 designated as Exhibit "1" and incorporated herein. 5 Section 2 . The Mayor is hereby authorized to implement 6 such administrative procedures as may be necessary to carry 7 out the directives of this legislation. 8 DATED and SIGNED this 1st day of November, 1993 . 9 10 CITY OF AUBURN 11 12 13 v 14 M A Y O R - 15 ATTEST 16 17 Robin Wohlhueter, 18 City Clerk 19 APPROVED AS TO FORM 20 21 j : / ox v/ rs- ; 22 Ste en R Shelton, City Attorney 23 24 25 26 .................................. Resolution No.2443 October 28, 1993 Page 2 CONSTRUCTION AND MAINTENANCE AGREEMENT WIDEN AND IMPROVE AUBURN WAY SO & RECONSTRUCT RR BRIDGE 102.1 AUBURN, WASHINGTON Agreement made this ay of 1993, between AUBURN, WASHINGTON, a municipal corpo , hereina ter ca led the "Agency", and the BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called the "Railway" WITNESSETH WHEREAS,the existing railroad bridge No. 102.1 was constructed under an agreement designated as Northern Pacific Railway Docket No. 15936, dated July 29, 1932, between the Northern Pacific Railway Company and the Agency; and WHEREAS, the Railway is successor in interest by merger to the Northern Pacific Railway Company; and WHEREAS, in the interest of public safety and aiding motor vehicle traffic, the Agency is widening and improving Auburn Way South where it passes beneath the Railway's existing bridge No. 102.1 located in the SW1/4 of the SW1/4 of Section 18, T 21 N., R. 5 E., W M in Auburn, Washington, at the location shown on map marked Exhibit 'A-1�attached hereto and made a part hereof; and L/ -rKro. ti 60%;6;4 A-5 )�V HEREAS, In connection with the said project it will be necessary that the V) existing Railway Bridge No. 102.1 over Auburn Way South be reconstructed, and C4 WHEREAS, the Railway will be required to perform certain work on its 0 facilities, and 0 WHEREAS, the parties hereto desire that the work to be performed by the Agency in connection with said widening and improvements be performed in accordance with plans and specifications to be prepared by the Agency, and WHEREAS, the parties hereto agree that the Railway will receive no ascertainable benefit from the construction of said project, and WHEREAS, the Agency is willing to undertake the construction of said project with Agency funds and the Railway is willing to consent to the execution of the said project upon the terms and conditions herein stated and not otherwise, and WHEREAS, the parties hereto desire to contract with reference to the work to be done by each of them in connection therewith the protection of Railway facilities and the payment of costs and expenses therein involved, NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is mutually agreed as follows. I The Railway shall grant to the Agency, for and in consideration of$ 5 000.00 by separate instrument an easement for roadway purposes as shown outlined in green on said Exhibit 'A' I I The Agency and the Railway shall perform the various items of work as follows I WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE AGENCY OR ITS CONTRACTOR AT AGENCY EXPENSE 1 Except as otherwise herein provided furnish ai! plans, engineering, supervision, labor material, supplies and equ;pi !ent necessary for construction of the project 2 Construct the new railway roadbed and embankment and furnish and place s•;b-baiiast as directed by the Railway 2 Remove and reconstruct the existing railroad bridge 102 1 pawaagency 1 Resolution No 2443 CONSTRUCTION AND MAINTENANCE AGREEMENT WIDEN AND IMPROVE AUBURN WAY SO & RECONSTRUCT RR BRIDGE 102.1 AUBURN, WASHINGTON Agreement made this (day of 3 between AUBURN, WASHINGTON, a municipal corpo hereina ter ca led the "Agency", and the BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called the "Railway" WITNESSETH WHEREAS,the existing railroad bridge No. 102.1 was constructed under an agreement designated as Northern Pacific Railway Docket No. 15936, dated July 29, 1932, between the Northern Pacific Railway Company and the Agency; and WHEREAS, the Railway is successor in interest by merger to the Northern Pacific Railway Company; and WHEREAS, in the interest of public safety and aiding motor vehicle traffic, the Agency is widening and improving Auburn Way South where it passes beneath the Railway's existing bridge No 102.1 located in the SW1/4 of the SW1/4 of Section 18, T 21 N., R. 5 E , W M. in Auburn, Washington, at the location shown on map marked Exhibit 'A-1' attached hereto and made a part hereof, and WHEREAS, In connection with the said project it will be necessary that the existing Railway Bridge No 102.1 over Auburn Way South be reconstructed, and C 0) WHEREAS, the Railway will be required to perform certain work on its 0 facilities, and C4 WHEREAS, the parties hereto desire that the work to be performed by the O Agency in connection with said widening and improvements be performed in C2 O accordance with plans and specifications to be prepared by the Agency, and WHEREAS, the parties hereto agree that the Railway will receive no ascertainable benefit from the construction of said project, and WHEREAS, the Agency is willing to undertake the construction of said project with Agency funds and the Railway is willing to consent to the execution of the said project upon the terms and conditions herein stated and not otherwise, and WHEREAS, the parties hereto desire to contract with reference to the work to be done by each of them in connection therewith the protection of Railway facilities and the payment of costs and expenses therein involved, NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is mutually agreed as follows. I The Railway shall grant to the Agency, for and in consideration of$ 5.000.00 by separate instrument an easement for roadway purposes as shown outlined in green on said Exhibit 'A' I I The Agency and the Railway shall perform the various items of work as follows I WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE AGENCY OR ITS CONTRACTOR AT AGENCY EXPENSE 1 Except as otherwise herein provided, furnish all plans, engineering, supervision, labor material, supplies and equipment necessary for construction of the project. 2. Construct the new railway roadbed and embankment and furnish and place sub-ballast as directed by the Railway 2. Remove and reconstruct the existing railroad bridge 102 1 r/ /0,2_6� / pawaagency 1 Resolution No 2443 Exhibit "1" 3 After the new railroad supporting structure is completed and rail traffic is routed overt he new structure, return the Railroad's right-of-way to a condition satisfactory to the Railway 4 Construct new roadway, sidewalks, retaining walls, drainage, lighting, landscaping, aesthetic treatments, and other related faciiities. 5. Erect suitable fencing or other barriers to keep unauthorized people from the bridge and track. 6 Direct all drainage away from new alignment to the satisfaction of the Railway 7 Perform all other work not specifically mentioned as work to be performed by the Railway necessary to complete the project in accordance with the plans and specifications. II WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE RAILWAY AT AGENCY EXPENSE 1 Track Work - Remove and Replace 200TF of track with 115#CWR. Excavation for temporary trestle construction. Raise track 1 6' Rehabilitate track area with all new ties, ballast and fastenings. Surface, Line and Tamp. 2. Bridge Work Furnish Steel Piles HP 12X53 Drive Steel Piles. Furnish'and-Install temporary trestle Furnish precast concrete 30' "T." Girder Spans. 3. Si nal & Communications Work In Remove and replace existing power source for communication lines. C4 Engineering and Preparation of Bills Perform preliminary and special engineering and inspection, including field d' and office work and preparation of bills. 5 Flagging, Protective Services and Devices Perform flagging and furnish protective services and devices during construction, account of the operations.of the Agency or-its contractor, as - . - deemed necessary by the Railway 111 All work herein provided for, to be done by the Agency or its contractors on the Railway's right-of-way, shall be performed by the Agency or its contractors in a manner satisfactory to the Railway and shall be performed at such time and in such mannegas not to interfere unnecessarily with the movement of trains or traffic upon i fie tracks of the Railway The Agency or its contractors shall use all care and precaution necessary to avoid accident, damage, or interference to the Railway's tracks or to the trains or traffic using its tracks and notify the Railway a sufficient time in advance whenever it is about to perform work adjacent to any track to enable the Railway to furnish flagging and such other-protective.services and devices as might be necessary to ensure safety of Railway operations, and the Railway shall have the right to furnish all such flagging or protective services and devices as in its iudgment is necessary, and the Agency shall reimburse the Railway for the cost thereof The Railway will submit bills for flagging and other protective services and-devices currently during progress of the work contemplated by this agreement. The Railway will submit complete billing forfiaggrng and other protective services and devices at the earliest practical date, and the Agency shall pay such bills promptly Attached hereto, marked.Exhibit "B", and by this — reference made a part hereof, is a statement of conditions when flagmen and protective services and devices will be furnished by the Railway Wherever the safeguarding of-trains or traffic of the Railway is mentioned in.this agreement, it is intended to cover and include ail users of:the Railway s tracks having permission for such use IV In accordance with t-he terms and conditions of this agreement the Railway is not required to contribugte to the cost of said project. pawaagency 2 �� V The Railway agrees not to commence construction work for said project until receipt from the Agency of written notice to proceed with the work, and that reimbursement will be (imited to construction costs incurred subsequent to the date of said notification. VI It is understood that Exhibit "C", attached hereto and made a part hereof, is a current estimate of the cost of the work to be performed by the Railway at Agency expense and is for informational purposes only It is understood the Agency s consultant prepared and furnished the current estimate attached hereto The current estimate attached, will be re-estimated by the Railway and will replace the current estimate attached A supplement will be prepared and furnished to the Agency when the current estimate attached is re-estimated The Agency shall reimburse the Railway for all cost and expense incurred by the Railway in connection with the construction work as indicated in this agreement. The Railway may submit progress bills to the Agency during the progress of the work included in this agreement for the actual cost of services and expenses and the Agency shall pay such bills promptly It is further agreed that a final and complete billing of all actual incurred costs and expenses, ascertained in accordance with the provisions of 23 CFR 140 I, which by this reference is incorporated in this agreement, shall be made at the earliest practical date The Agency shall, upon presentation of final billing promptly reimburse the Railway for the cost of services and expenses of work included in this agreement. Preliminary engineering costs incurred subsequent to August 20, 1992 , may be charged against this project. C � VII "4 All contracts between the Agency and its contractor, for either the construction N herein provided for or maintenance work on the highway within any easement area described herein or shown on the exhibits attached hereto, shall require the contractor to protect and hold harmless the Railway and any other railroad company occupying or 41 using the Railway's right-of-way or line of railroad against all loss, liability and damage arising from activities of the contractor, its forces or any of its subcontractors or agents, and shall further provide that the contractor shall 1 Furnish to the Railway a Railroad Protective Policy in the form provided by 23 CFR 646 A. The combined single limit of said policy shall not be less than Two Million Dollars ($2,000 000) for all damages arising out of bodily injuries to or death of any person or persons and for all damages arising out of the loss or destruction of or injury or damage to property in any one occurrence during the policy period, and subject to that limit a total (or aggregate) limit of not less than Six Million Dollars (56,000,000) for all damages during the policy period. Said insurance policy executed by a corporation qualified to write the same in the state in which the work is to be performed, shall be in the form and substance satisfactory to the Railway company and shall be delivered to and approved by the Railway prior to the entry upon or use of its property by the contractor 2. Carry regular Contractor's Public Liability and Property Damage Insurance as specified in 23 CFR 646 A providing for a limit of not less than One Million Dollars ($1,000,000) for all damages arising out of bodily injuries to or death of one person, and subiect to that limit for each person, a total limit of not less than Two Million Dollars ($2.000.000) for all damages arising out of bodily injuries to or death of two or more persons in anv one accident, and providing for a limit of not less than One Million Dollars ($1 000 0005 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 Two Million Dollars ($2,000,000) for all damages to or destruction of property during the policy period A certificate of insurance providing proof of Contractor s Public Liability and Property Damage Insurance containing a thirty (30)-day advance written notice to the Railway in the event of cancellation, nonrenewal or material change of policy, executed by a corporation qualified to write the same in the state in which the work is to be performed, in form and substance satisfactory to the Railway shall be delivered to and approved by the Railway prior to the entry upon or use of the Railway s property by the contractor Railway shall not be named insured under the above policy pawaagency 3 The Agency, its contractor, subcontractors or agents, shall at its own expense, obtain and maintain in force during the term of this Agreement the following insurance (a) Business Automobile Policy Insurance, including owned, non-owned, and hired vehicles with minimum limits for bodily injury and property damage of One Million Dollars ($ 1,000.000) each occurrence, on all vehicles which the Agency or any of its agents or employees may use at any time in connection with the performance of this Agreement. Railway shall not be a named insured in the above policy (b) Worker's Compensation Insurance or coverage as required under the "Worker's Compensation Act" of the State of Washington The policy should include occupational disease to required statuatory limits, employer's liability of One Million Dollars ($ 1 000,000) to include FELA, if appropriate, and an "all states" endorsement. Railway shall not be a named insured in the above policy If the Agency, its contractor, subcontractors or agents, in the performance of the work herein provided for or by the failure to do or perform anything for which it is responsible under the provisions hereof, shall damage or destroy any property of the Railway, such damage ordestruction.shall,be corrected by the Agency in the event its contractor or the insurance,carriers fail to repair or restore the same For any work performed in the State of Washington, nothing in this agreement is intended to be construed as a requirement for an indemnification against the sole negligence of the Railway, its officers, employees or agents:,Moreover, for any.work performed in the state of Washington, the contractor shall specifically and expressly agree to indemnifythe Railway and•any other-railroad company occupying or using the Railway's right-of-way or.line of railroad against all loss, liability and damages, C including environmental damage, hazardous•materials damage, or penalties or fines that may be assessed, caused by or resulting from the contractor's negligence, provided, LO however, if such loss, liability, damage, penalties or fines are caused by or result from the concurrent negligence of (a) the Railway.or the Railway's officers, employees or agents, and (b) the contractor or the contractor's empioyees, agents or subcontractors, O such indemnity shall be valid and enforceable.only to the extent of.the negligence of N the contractor or the contractor's employees, agents or subcontractors. The contractor shall further agree that it has a duty to defend at its own expense, in the name and on behalf of the Railway, all claims or suits for iniuries or death of persons-or damage to property arising;or growing out of the work carried-on under this agreement, for which the Railway is liable orris alleged to be liable However, upon a final determination in a court of law in which a percentage of negligence is attributed to the Railway; the Railway agrees to reimburse the contractor in the same percentage for the costs.involved-in defending the suit, _ VIII If during the construction of the railroad, or construction of the highway, soils or other earth conditions create unforeseen problems relative to the-stability of the railroad roadbed; which-may require changes in plans or specifications,,the'Railway, at the expense of the,Agency.may.employ,independent engineering consultants to assist in the plan or specification changes or reviews. IX The performance of the work to be done by the Agency hereunder.may increase the Railway's operating costs and/or result in obstructions or-delays to the operation of the railroad during the period of construction: The Agency here v agrees to reimburse the Railway for increased and additional operating costs or losses incurredibecause of any obstructions or delays to the operation of the railroad resulting from the construction of the project, including but not limited to blasting, provided that the foregoing shall not apply to obstructions or delay produced by work performed by the Railway which could have been avoided by the exercise-of reasonable care in the performance of such work. The.Railway agrees to use its best efforts to.notity the Agency of any such obstructions or delays as soon as practicable after their occurrence X It is mutually recognized by the parties hereto the complete stabilization of the railroad facilities cannot be accomplished during the construction period, and therefore, railroad operation over the new roadbed during a seasoning period of five years commencing with scheduled operations thereon, may require extraordinary maintenance ordeferred construction in the event of sliding, settling, sinking, or pawaagency 4 washout. Therefore the Agency will pay to the Railway as a part of the cost for this contract that part of the cost and expense of work classified as extraordinary maintenance or deferred construction during the said five-year perod The Railway or its contractors shall perform said extraordinary maintenance or deferred construction, and the same shall be accomplished within six months after termination of the five-year period unless it could not have been commenced in time to have been completed within said six-months period Except in emergencies, the Railway shall submit to the Agency its plans, specifications and estimates of costs for said extraordinary maintenance or deferred construction and shall not commence such work until the same have been approved by the Agency The Agency shall reimburse the Railway as provided herein upon receipt of properly receipted invoices. XI The Agency, without expense to the Railway, shall secure from the owner or owners of that certain property lying adjacent to and outside of the Railway's right-of- way all necessary easements, permits or other interest therein necessary for the occupancy and use of said property during the construction, maintenance and operation of the highway and its appurtenances. XII Upon completion and acceptance by the Agency and the Railway of the railroad supporting structure as provided for in this agreement, the bridge superstructure, the abutments, the ballast, ties, rails and other railroad facilities upon the structure shall become the property of the Railway The bridge piers, the roadway, sidewalks, retaining walls, drainage facilities, lighting, landscaping, facades, aesthitic treatments and other facilities of the roadway shall be the property of the Agency C XIII M In accordance with RCW 81 53.090, the Railway shall perform and bear all costs of NW maintenance of the superstructure, including but not limited to the abutments, ballast, ties, rails and other railroad facilities on the structure The Agency shall perform and ® bear all cost of maintenance of the bridge piers, the roadway, sidewalks, retaining N walls, drainage, lighting, landscaping, facades, and aesthetic treatments. The Agency O agrees that prior to any such maintenance work or repair of the facade and/or the <!` aesthetic treatments located on the bridge structure it will furnish the Railroad details of the proposed work for approval At anytime the Railroad deems that safe operation of trains is in danger due to the condition of the property of the Agency as stated herein, the Railway shall notify the Agency and the Agency shall perform the maintenance funtion/s necessary to ensure safe operation of trains over the structure In order to fulfill its maintenance obligations, the Agency shall have access to the structure at all times to perform inspections, repairs and maintenance The Agency shall notify the Railway 24 hours in advance whenever such activities may affect its operations and the work shall be performed in a manner similar to that provided for herein. Asa part contract with any subcontractor for maintenance or other work on the railroad supporting structure, the Agency shall require each subcontractor to obtain insurance in the type and amount specified by the Railway, which insurance shall protect the Railway against any personal injury or property damage to anyone which arises out of said work. Any structural damage adversely affecting rail operations shall be repaired immediately XIV The Agency agrees that it will do nothing, nor will it permit anything to be done, within the easement area which will interfere with or endanger the facilities or operations of the Railway The Agency further agrees that the minimum vertical clearance fro t or` roadway to bottom of steel spans will not be reduced to less than n feet- nches (15'6 ') Minimum horizontal and vertical clearances for construction shall be as shown on the approved plans. The Railway reserves the right to make modification or additions to its facilities within the limits of said highway undercrossing bridge, provided that the usefulness of such bridge for the purpose of separating highway and railroad traffic shall not thereby be impaired XV In case said highway undercrossing shall at anytime cease to be used by the public as a highway underpass, or shall by operation of law or otherwise become vacated or pawaagency 5 4vqvl�_-? washout. Therefore the Agency will pay to the Railway as a part of the cost for this contract that part of the cost and expense of work classified as extraordinary maintenance or deferred construction during the said five-year perod. The Railway or its contractors shall perform said extraordinary maintenance or deferred construction, and the same shall be accomplished within six months after termination of the five-year period, unless it could not have been commenced in time to have been completed within said six-months period Except in emergencies, the Railway shall submit to the Agency its plans, specifications and estimates of costs for said extraordinary maintenance or deferred construction and shall not commence such work until the same have been approved by the Agency The Agency shall reimburse the Railway as provided herein upon receipt of properly receipted invoices. XI The Agency, without expense to the Railway, shall secure from the owner or owners of that certain property lying adjacent to and outside of the Railway's right-of- way all necessary easements, permits or other interest therein necessary for the occupancy and use of said property during the construction, maintenance and operation of the highway and its appurtenances. XII Upon completion and acceptance by the Agency and the Railway of the railroad supporting structure as provided for in this agreement, the bridge superstructure, the abutments, the ballast, ties, rails and other railroad facilities upon the structure shall become the property of the Railway The bridge piers, the roadway, sidewalks, retaining walls, drainage facilities, lighting, landscaping, facades, aesthitic treatments O and other facilities of the roadway shall be the property of the Agency 0 XIII a-1 In accordance with RCW 81.53.090, the Railway shall perform and bear all costs of N maintenance of the superstructure, including but not limited to the abutments, ballast, O ties, rails and other railroad facilities on the structure The Agency shall perform and G bear all cost of maintenance of the bridge piers, the roadway, sidewalks, retaining Wr walls, drainage, lighting, landscaping, facades, and aesthetic treatments. The Agency T agrees that prior to any such maintenance work or repair of the facade and/or the aesthetic treatments located on the bridge structure, it will furnish the Railroad details of the proposed work for approval At anytime the Railroad deems that safe operation of trains is in danger due to the condition of the property of the Agency as stated herein, the Railway shall notify the Agency and the Agency shall perform the maintenance funtion/s necessary to ensure safe operation of trains over the structure In order to fulfill its maintenance obligations, the Agency shall have access to the structure at all times to perform inspections, repairs and maintenance The Agency shall notify the Railway 24 hours in advance whenever such activities may affect its operations and the work shall be performed in a manner similar to that provided for herein. Asa part contract with any subcontractor for maintenance or other work on the railroad supporting structure, the Agency shall require each subcontractor to obtain insurance in the type and amount specified by the Railway, which insurance shall protect the Railway against any personal injury or property damage to anyone which arises out of said work. Any structural damage adversely affecting rail operations shall be repaired immediately XIV The Agency agrees that it will do nothing, nor will it permit anything to be done, within the easement area which will interfere with or endanger the facilities or operations of the Railway The Agency further agrees that the minimum vertical clearance from 1qp of roadway to bottom of steel spans will not be reduced to less than �S++eleen feet ����"ee""""��A inches (15'6") Minimum horizontal and vertical clearances for construction shall be as shown on the approved plans. I' The Railway reserves the right to make modification or additions to its facilities within the limits of said highway undercrossing bridge, provided that the usefulness of such bridge for the purpose of separating highway and railroad traffic shall not thereby be impaired XV In case said highway undercrossing shall at anytime cease to be used by the public as a highway underpass, or shall by operation of law or otherwise become vacated or pawaagency 5 abandoned, the rights and benefits to the Agency under this agreement shall immediately cease, and the Railways ha I I be entitled to repossess the land to which it has executed easements to the Agency and to use the land thereafter as if this agreement had never been executed, without the necessity of any further legal proceedings. Additionally, if the Railway so elects, the Agency shall at its own cost and expense, remove said highway undercrossing bridge and fill the opening in a manner satisfactory to the Railway In case said undercrossing bridge shall cease to be used by the Railway, and the Railway notifies the Agency that it has abandoned and removed its trackage from the bridge, the Agency shall at its own cost and expense remove said bridge XVI Upon completion of the relocation of the Railway and its facilities and removal of its tracks from the old alignment, that certain agreement dated July 29, 1932, is superseded and canceled by this agreement. XVII If the Railway enters into a contract or agreement with a contractor to perform any of the work, which the Railway is required to perform under the terms of this agreement by reason of the construction of the Agency's project, the Railway, 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 "D" attached hereto and made a part hereof, in any such contract or agreement. XVIII This agreement shall inure to the benefit of and be binding on the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first hereinabove written. j ATTEST AUBURIR WASHINGTON C�2 By y � (Title) Tit e APPROVAL AS TO FORM BURLINGTON NORTHERN RAILROAD COMPANY //� ,, By Ti /uG"w/u By t tfJ 4rn) r7,-- (T tle Catl��1 z �v,cro..ws pawaagencv 6 EXHIBIT_A - ROADWAY EASEMENT AT BNRR BRIDGE 102.1 OVER AUBURN WAY SOUTH I!l AUBURN, WA {cc W , I I n 50' 50' { y , i BNRR 'STIY 33+661173; cl is 11 'f Alf s _ ! f p tiTRACK AND BRIDGEI p } ;i E 1(AUGNMENT TAN, i� V „ NRR STA, 34+47.65 = WS T 6+93.75 — 1 : AUBURN WAY SOUTFI 1 ; p !{ 1 � jl ' !E EXHIBIT 'A" — B. N. RAILROAD COMPANY PACIFIC DIVISION STAMPEDE SUBDIVISION BNRR STA EASEMENT FOR AUBURN WAY SOUTH i 35+41.07 LOCATED AT RR MP 102.10 AUBURN, WA. CGRPOPe.o.TION SCALE. 1"= 10' MANAGER ENGINEERING SEATTLE,WA. 10-27 93 I I TOO In diI00 da EXHIBIT "B" STATEMENT OF CONDITIONS WHEN FLAGMEN, PROTECTIVE SERVICES AND DEVICES WILL BE FURNISHED BY THE RAILWAY Railway flagmen, protective services, and devices will be furnished but not limited thereto for the following conditions. (1) When in the opinion of the Railway protection is necessary to safeguard the Railway's trains, engines, facilities, and property (2) When any work is performed over, under or in close proximity to tracks or any Railway facilities. (3) When work in any way interferes with the operation of trains at usual speeds or threatens, damages or endangers track or Railway facilities. (4) When any hazard is presented to Railway communications, signal, electrical, or other facilities either due to person, material, equipment, or blasting in the vicinity (5) Where or when material is being hauled across tracks. Special clearance must be obtained from the Railway before moving heavy or cumbersome objects and equipment which might result in making the track impassable COST OF FLAGGING AND OTHER PROTECTIVE SERVICES AND DEVICES (a) (b) (c) (d) NUMBER CLASSIFICATION BASE PAY HEADQUARTERS 3 Sectionmen 513.50/hour/ Tacoma, WA. (� 8-hour day plus ® additives. N 0 NOTES. (a) A full flagging crew generally consists of three men Under certain conditions more than three men maybe required or a lesser number maybe sufficient. However, additional personnel, such as communications linemen and/or signalmen may be used to protect communications and signal facilities, if deemed necessary by the Railway (b) The Classification is shown solely for the prospective bidder's information, and there is no guarantee that the above classes of labor will actually be used or that the rates o{pay shown in Column (c) will be those in effect at the time the work is undertaken. (c) Shows base pay rate per man per hour for normal eight-hour shift in effect November, 1993 (d) Estimated costs for travel per employee from headquarters to job site and return is $19 00 per round trip. The estimated daily cost for meals and other accommodations is $ --- per employee (e) In addition, protective devices, such as crossing signals, indicators, telltales, lights, telephone etc., may be required In this connection telltales may be installed by the Railway, at its option, as a condition of its approval of any proposed restrictions of vertical clearance during construction to less than 22-112 feet. (f) It shall be the duty and responsibility of the Ag=ency and its Contractors to notify the Railway's Division Superintendent at least Torty-eight (48) hours in advance of when flagmen or other protective services and devices are required To all direct labor costs there shall be additional charges for Vacation Allowance, Health and Welfare, Railroad Retirement and Unemployment Taxes, Public Liability, Property Damage and Workmen's Compensation insurance and accounting and billing For estimating purposes only, these additives collectively may be considered as approximating 55% of direct labor costs. pawaagency 7 ���� BURLINGTON NORTHERN RAILROAD COMPANY PACIFIC DIVISION STAMPEDE SUBDIVISION AUBURN, WASHINGTON STATE OF WASHINGTON VALUATION SECTION WA 20-N EXHIBIT "C" Estimated cost to construct trackage over the reconstructed railroad bridge # 102.1 as per Exhibit "A" ESTIMATED COST PART 1--Not Estimated PART 11 1 Track Work Raise trac 1 6' a) Remove and Replace 20OTF of track with 115# CWR. $ 10,000 b),Excavation for temporary trestle construction .3,240 c):Rehabilitation of track area with all new ties, ballast and fastenings. 12,000 d) Surface, Lire, and'Tamp. ' 10,000 Subtotal Without Labor Surcharges 35,240 2. Bridge Work Furnish and drive steel piles HP 12X53 $ 27;930 Furnish and Install temporary trestle 191,400 C Furnish precast concrete 30' "T" Girder Spans 40,800 0) 1 Subtotal Without Labor Surcharges $ 260,130 q_4 3 Signal & Communications Work Remove and replace existing g powersource for communication-lines $ 5,000 a) Subtotal Without Labor Surcharges 5,000 4 Flagging, Protective Services and.Devices Not estimated--See Exhibit "B" Total B/Cvs. Auburn„Washington $ 300,370 Office of the Manager Engineering Seattle, Washington pawaagency 8 EXHIBIT "D" Appendix A Nondiscrimination Provisions of Title VI of the Civil Rights Act of 1964 During the performance of this contract, the contractor, for itself its assignees and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows (1) Com liance with Regulations. The Contractor will comply with the Regulations oft the Department of Transportation relative to nondis- crimination in federally-assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. * (2) Nondiscrimination The Contractor, with regard to the work performed y it after award and prior to completion of the 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 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendixes "A", "B" and "C" (3) Solicitations for Subcontracts Includin Procurements of Materials And Equipment* In al so icitations eit er by competitive EdFing 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 nondiscrimination on the ground of race, color or national © origin. 0) LO (4) Information and Reports. The Contractor will provide all information a-i and reports required by the Regulations or orders and instructions issued pursuant thereto, and will permit access to its books, records, O 0 accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where 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 Federal Highway Administration 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 noncomo lance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appro- priate, including, but not limited to, (a) withholding of payments to the Contractor under the contract until the Contractor complies, and/or (b) cancellation, termination, or suspension of the contract, in whole or in part. (6) Incorporation of Provisions The Contractor will include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto The Contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as-a means of enforcing such provisions in- cludina sanctions for noncompliance Provided however that, in the event a Contractor becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect pawaagency 9 4q W3 the interests of the State, and,-in addition, the Contractor may request the United States to enter into such litigations to protect the interests of the United States. * PROHIBITION OF DISCRIMINATION ON THE BASIS OF SEX. SEC. 162. (a) Chapter 3 of Title 23, United States Code, is amended by adding at the end thereof the following new section "S 324, Prohibition of discrimination on the basis of sex. No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this title or carried on underthis title This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under Title VI of the Civil Rights Act of 1964 However, this remedy is not exclusive and will not prejudice or cut off any•other legal remedies available to a discriminatee O Ill ,.« pawaagency 10 i ��2�s'5 0 g4� - r I B2 ____— _ =_ _�T_ -\ ` � I I _ 85__-. CLEARANCE OUTLINE 95 ____ =wx A oRnl o_ 9'-0- 9'-0' - FILL U --- --- -- -- --- - - --- ----_—� , V , t \ 91Y19• BNRR STA. 34+�7.H,5 i i i/ /'i ,,� . - "-- ---- ------------ ' m- ' STEEL THROUGH -- -- --- ----------�'� \`` \\, ` \\\\\ \\\ AwS 1HNIAL7s //��'�':�--- - -- - --------- ' TRAIX i PUTE pROFR - -- -- --- - - �\ 11 / i - -- --- J -\� \ \ \ 1 1 1 1 1 /, /, , / , // '.�/-- t ___ _— •. N z I WAU( PETAL ART WORM( - q 9 SUPPORT BRACKETS 95- - I Of RAIL �__ __ „ _ \ TRACK AND BRIDGE 70 RAIIIG - % -_----� 8 8 (ALIGNMENT TANOFJIn S ------------- a < TO- RD WBIAM YA A1N YATTIL OAK ' -------- - ___ FLOOR BE" WITH ( Ow STEEL --J , _- `------ (COMPOSITE CONCRETE OEa -- - ---- - - ----1_�-' �J i i rr' I \_� - -- ----------- r -F --__ --- - I \ \_ __-_ -_ - --�`.----�-J /l , ' I ! i i i III I i I y 1 ___ ° I I ; ; I ; , \ 1 `--; _` riu" - ----- ----- MAIN SPAN SECTION cy BS _ _---- - —__ --- ----- - _ _______-__ __aT____ ' / % // 1\ \t 1t 1\ �� ___ _-_____-_ ,_p- 6_0• g_ - 4'-0- < _ __ _ -------------------- I ,-,/r Du ____ _ < I PIPE RAIUN _ _______ METAL T B ACKE ------------- ---- ----------- I 1�` -------------------- N� S, SUPPORT / a 1 m CONCRETE ------ - - - / --------------------- WALK GIRD TOP OF RAIL , a D smocz mo 911P0 AND ' m Z z Me)MW 9Q SHO7 u I —WEATHERING STEEL BACKDROP STANDARD BNRR -� AND HANDRAIL PANEL CONCRETE -T- ORDER APPROACH SPAN SECTION PLAN PER 3 PIER 2 FACE 6 PARAPET SAA�]3r33.U3� STA. 35+02,0 9T-0- S A. ,0 3y_b- S A. 4. JO'-B STEEL BACKDROP AND HANORAR. SUPPORT PANFUL TOP OF n TOP OF TIE TOP OF nE TOP a n 96 K 98. EL IF EL 9OF T FINAL TOP OF RAIL ON VERTICAL ORDER SLOPE -0.5% CURVE SEE SHEET 87 TOP OF SUBCIAOE, - TOP OF SUBGIAOE .— ______________ I ______________ a ___-____- / 111 I 1 JT 2 FIXED � F22 Y• _J ,1 ,II PIGMENTED SEALER (TIP.) EXHIBIVA-1 ' OF AWS PROFILE I,,I ALL EXPOSED SURFACES ";` it B N. RAILROAD COMPANY II t;SLOPE PAVEMENT /, It BOTH noes) I L PACIFIC DIVISION STAMPEDE SUBDIVISION 115EE SHEET L, r_L J_1 r- _ U U L__ __, L__ __J CONSTRUCTION OF RAILROAD O ELEVAT10N�VIEW O (D BRIDGE 102.10 AUBURN, WA. CITY OF AUBURN """ SCALE 1" = 10' -� PjaftWm PUBLIC WORKS DEPARTMENT ,, w MANAGER ENGINEERING SEATTLE, WA 10-27 93 OTT D.Q I 25 'WEST MAIN STREET AUBURN WASHINGTON ' I _ ___ - _ --_ -- z� S, ti y ' BURLINGTON NORTHERN RAILR 9 OAD 4yq`�h•,q� A1tcr Record lC'1t (1p� CITY CLEAPS A 1)"EM 7000nnu,nn.b:e Cemer ENGINEERING DIVISION CITY OF AUBURN 9"IN,d Avt,.# 25 West Main 98106Iios Jack Locke, P.E. Auburn, WA 98001 January 13, 1993 Projec! Manager Dept. of Public Works 25 West Main Street Auburn, WA. 98001-4998 Dear Mr Locke: The city of Auburn, Washington entered into an agreement with Burlington Northern Railroad Company, dated November 1, 1993, to remove and reconstruct the railroad bridge (BN Bridge 0102.10) and wide and Improve Auburn Way South where it crosses under Burlington Northern's tracks at railroad milepost 102.50 in Auburn, WA. cc This Is a p O hereinaftercalled the e CS Agency, and the city of Northern Auburn,Railroad Company, C hereinafter called the Railway. M O This agreement supplements Exhibit C, on page 8, of the original agreement. Exhibit 'C-I' is attached hereto and made a part hereof. All other terms and conditions of the original agreement shall remain in full force except as changed by this supplement. If the Agency agrees to the above conditions, please have the proper official of the Agency prov d h provided below an i Copies p d return e Railway's copy ofthle agreementeto thi space s office for my further handling. Sincerely, M, P,nr,6_ N. Cowles Coordinator Public Programs jmc " t A File: AFE 93-2732 ()o CITY OF AUBURN, WASHINGTON Lf]A By: Uon�4 tc7oo (Title) m3 1- as-9� (Date) W APP VED AS T,Q�M By. SJjIT..daJ),\ Z :It !i I::,' I Title) qM, •wr;or Jt'ten (Date) I Pin pP w b Mf 090 SaMM AIM D 001M WV 00:,C:2 8280-800016 N. MW o 'y4 = C G BURLINGTON NORTHERN RAILROAD COMPANY PACIFIC DIVISION STAMPEDE SUBDIVISION AUBURN,WASHINGTON STATE OF WASHINGTON VALUATION SECTION WA 20-N EXHIBIT-C I- Estimated cost for the widening of Auburn Way South and for the reconstruction of railroad bridge 102.10 located at railroad MP 102.50 as per Exhibit `A' ESTIMATEDCOST LABOR NON-LABOR PART I•-Not Estimated PART 11 1 Track and Crossin Work e� move & Rep ace 200TF of track with 115# CWR. Excavation for temporary trestle construction. Raise track 1.6' Rehab. track area with all new ties, ballast& fastenings. Surface, line and tamp. $ 7,168 $ 8,666 2. Bride Work Furnish Steel Piles HP 12X53 Drive Steel 00 Piles. Furnish and Install temporary trestle. 00 Furnish precast concrete 30' 'T' Girder Spans. CZ $ 25,460 $ 68,936 O 3. Si nal and Communications Work cn Remove an rep ace existing power source � forcommunciationlines. C" $ 5,000 S ------ Project Overhead & Surcharges (Part II Item 1,2, and 3) Material Handling $ Freight S 5,897 Equipment Rental 3,880 19,600 Total project Overhead& Surcharges 2�9 377 Subtotal Without Labor Surcharges $37,628 S 106,979 4. Flagging,Protective Services and Devices Not estimated- See Exhibit "8' S- S- 5. Engineering and Preparation of Bills Preliminary and Special Engineering S 1,505 Construction Engineering 1 881 $ Preparation of Bills 1,128 Subtotal Without Labor Surcharges S-4—,514 S t FII."T >p Pawaacency h � 1 C. SUMMARY 1 Track and Crossing Work E 7 168 E 8,666 2. Bridge Work 25,460 68,936 3. Signal and Communications Work 5,000 Project Overhead&Surcharges 29,377 4. Flagging,Protective Services and Devices ---. -_. _.__. 5. Engineering and Bill Preparation 4,514 6. Liability Insurance 7,450 Totals 43 2 142 V1 14 429 7 Labor Surcharges Vacation Pay,Paid Holidays,Railroad Retirement,Unemployment Insurance, Health and Welfare Benefits S25 223 E 67,3 114 429 Contingencies 181,794 3 762 S 185,55 State of Washington Tax 6,208 Total B/C vs.Auburn,Washington E 191,764 tp cc cc 0 CC) O d- I i i Office of the Manager Engineering I 1 Seattle,Washington i 1 I FII Ry, M"; tfll 1ITIE Pawaagency OFFICE OF THE MAYOR CITY ADMIMSTRATION CHARLES A. E MA MAYOR ' 25 WEST MAIN, AUBURN, WA 98001-4998 (206) 931-3041 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2443 of the resolution of the City of Auburn, entitled "A RESOLUTION " I certify that said Resolution No 2443 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 1st day of November A D , 1993 Witness my hand and the official seal of the City of Auburn this March 24 , 1994 , A D 6 60n-A i"'Coti Robin Wohlhueter City Clerk City of Auburn CITY CLESK'S OFFICE CITY OF AUBURN 25 West Main 0 Auburn. WA 98001 OCT C 11994 N O KING COUNTY RECORDER ° z Lr EASEMENT p 4 i ti KNOW ALI, MEN BY THESE PRESENTS, that BURLINGTON NORTHERN RAILROAD COMPANY (formerly named Burlington Northern g Inc.), a Delaware corporation, whose address for purposes of this instrument is 3300 Continental Plaza, 777 Main Street, Fort Worth, TX 76102-5384, Grantor, for Five Thousand and no/100 Dollars ($5,000.00) to it paid by CITY OF AUBURN, a a Municipal corporation, Grantee, of 25 West Main Street, Auburn, Washington o 98001-4998, 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 widening and improving Auburn Way _,g South where it passes beneath Railroad's existing Bridge No. 102.1, hereinafter t., called highway, over, upon and across the following described premises, situated in o King County, State of Washington, to-wit: A strip of land 10.0 feet in width crossing Burlington Northern Railroad Company's 100.0 foot wide right-of-way situated in the SW-,SWJ 0 of Section 18, Township 21 North, Range 5 East, Willamette Meridian, City of Auburn, King County, Washington, and being more particularly 'O shown cross-hatched on the attached Exhibit `A' and by this reference made a part hereof. O RT RESERVING, however, unto the Grantor, its successors and assigns, the right 0) to construct, maintain, use, operate, relocate, reconstruct and renew such tracks and facilities as it may at any time, and from time to time, desire within the limits of the land hereinbefore described, including the right and privilege to use said land for any and all purposes, not inconsistent with the use thereof for highway purposes. ALSO 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, 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. LXCISE TAX NOT REQUIRED p Co.Reoads mAsion VVJ 1 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 pipeline 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 culverts or drains as may be requisite to preserve such natural and pre-existing 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. 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, O the removal, relocation or reconstruction of which may be made necessary by ,J 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 Q and maintenance of said highway on said premises. ' qt 5 This instrument is granted in accordance with the terms and conditions of that certain Construction and Maintenance Agreement between the Grantor and the Grantee dated November 1, 1993 and made subject to the terms and conditions contained therein. 6. If at any time the use of the premises for the purposes herein should be abandoned or discontinued by the Grantee, the said easement over the herein described premises shall thereupon cease and determine and the Grantee shall surrender or cause to be surrendered to the Grantor or its successors and assigns, the peaceable possession of said described premises, and title to the said premises shall remain in the Grantor, or its successors or assigns, free and clear of all rights and claims of the Grantee and of the public for use and occupancy of the said premises. 7 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. 2 # 2443 8. 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 made is subject to all outstanding rights or interest of others, including the tenants and licensees of the Grantor 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. IN WITNESS WHEREOF, the said BURLINGTON NORTHERN RAILROAD COMPANY has caused this instrument to be signedby its authorized officers, and the corporate seal affixed on the 4S ` day of 1994. BURLINGTON NORTHERN RAILROAD COMPANY BY ; D P Schnnder, Director 0 Title Services& Field Support O ATTEST- 74 O rl — BY ictoria H. Vasquez Assistant Secretary BN 10958-Auburn,WA 3 # 2443 STATE OF TEXAS ) ) ss. COUNTYOFTARRANT ) On this /S 1� day of 1994, before me, the undersigned, a Notary Public in and for Me State of Texas, duly commissioned and sworn, personally appeared D P Schneider and Victoria H. Vasquez, to me known to be the Director, Title Services and Field Support, and Assistant Secretary, respectively, of Burlington Northern Railroad 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. n O " Notary Public in ghd or the State o Texas V4 Residing at: / Fort Worth,Texas 9'4 My appointment expires: December 20, 1996 O 74 IT ARUNE NICHOLS Nutory Punic ` STATE OF TEXAS 1y Cann.Esp.IEC.30, IW6 BN 10958-Auburn,WA A a # 2443 •l�2, 1 �e n OCP I f j 0 1p9 ! t rt � d J C041 1 50' 50' , I T � + I ;r BNRR 33+614 L : 1 I 1 1 !TRACK AND BRIDGE O �_ _ i _' i ! g• • ILAUGNIdENT.LgNiiEN� , : 5I NRR STA. 34+47.65 = WS 16+93.75 Z 90T.— . O S i . AUBIM WAY SOUTH 40 ! iff 037 • 11 1 ) k � c / I EXHIBIT "A' B. N. RAILROAD COMPANY PACIFIC DIVISION-STAMPEDE SUBDIVISION I BNRR STA EASEMENT FOR AUBURN WAY SOUTH i 35+41.07 LOCATED AT RR MP 102.10 I AUBURN, WA. SCALE. 1"=10' MANAGER ENGINEERING -SEATTLE,WA. 10.27-93 # 2