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Home My WebLink About1972 - Substitute and Donative Deed - Union Pacific Land Resources Corporation - 7207170516 i ORIGINAL UPLR C. D. No. 237 -6 SUBSTITUTE DEED DONATIVE DEED 0 KNOW ALL !LIEN BY THESE PRESENTS, that: WHEREAS, the grantee, CITY OF T 11',WILL.A, a municipal 0 corporation of the State of Washington, desires to acquire an N easement �n tie proper y hereiiia,er described, for public purposes; and WHEREAS, the UNION PACIFIC LAND RESOURCES CORPORA- TION, a. Utah corporation, hereinafter called grantor, is will- ing to donate an easement in said property to the grantee for such purposes; NOW, THEREFORE the grantor, UNION PACIFIC LAND RE- SOURCES CORPORATION, for good and valuable consideration, does, .hzs 4 n •�v+�c��ni-c rc- ^�v:-?- r?nna� r, nr•.r, -�cr :�r7 .ii_ J r ...J J y i 1 rantee, CITY OF T1�� its s1_, and assi_gns, an ease- ment to construct and thereafter maintain, repair, renew and use sewer lines and facilities under the following- described ,real property in the County of Ding,, State of Washington: A strip of land 8 feet wide and 1101.58 feet long, situated in the southwest quarter of the southeast quar- ter of Section 26 Township 23 North, Range 4 East of the Willamette Meridian in the County of King, State of i Washington, the easterly margin of which is more par. i ularly described as follows: Commencing at the southeast corner of said southwest quarter; thence North 1' 41 2'9" East, 140.76 feet along the east line of said southwest quarter; thence North 87 55' 02" West, 30 feet i to the wester margin of Andover Park West and C the point of beginning; thence North 1 47' 29" East along said westerly margin 1101.58 feet and the terminus of said margin description. EXCEPTING AND RESERVING,unto the grantor, its suc- cessors and assigns forever, title to the real property herein described, together with the right to use the said real prop lerty for any and all purposes not inconsistent with the ea.se- Iment granted hereby, inclsiding,� but not by way of limitation, jthe right on the part of OREGON- VASHINGTON RAILROAD NAVIGA- TION COMPANY and its lessee, UNION PACIFIC RAILROAD COMPANY, 1. their successors or assigns, to construct, reconstruct, main- tain, operate, renew, alter, relocate and replace tracks, fa- cilities and appurtenances, either wholly or partly across said property, including any grading or excavation necessary or expedient therefor. ALSO EXCEPTING AND RESERVING unto the grantor, its successors and assigns forever, all minerals and all mineral rights of every kind and character now known to exist or here `D after discovered, including, without limiting the generality L0 of the foregoing, oil and gas and rights thereto, together O with the sole:, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods f�- suitable to the grantor, its successors and assigns, but in N such manner as not to damage the grantee's facilities located on said property. This conveyance is subject to: (1) The paramount use of the grantor's property for railroad purposes and industrial purposes; and (2) An and all encumbrances and rights (whether public or private, irrespective of whether or not they are :.eccrde:a —:�ccentl �r exi s t�. nr. n a,.,- µ�^..a -11 l i c,.c a--' renewals of said encumbrances and rights. By acceptance of this conveyance, the grantee hereby covenants and agrees as follows: (1) The above described premises shall be used by the grantee solely for the purposes aforesaid and not other- wise, and if at any time the property of the grantor herein before in this conveyance described, or any part thereof, shall permanently cease to be used for the purposes aforesaid, or shall be used for any purpose unauthorized hereby, then the easement, hereby granted as to such property or parts thereof shall forthwith cease and terminate. (2) Any and all construction or modification of the grantee's facilities built or to be built within the easement area hereinabove described shall be undertaken only in accord- ance with design prints which have been prepared by the gran- tee and approved in writing by the City Engineer of the gran- tee and the Chief Engineer of the grantor, or his authorized representative. (3) The grantee, at its own expense and without expense whatsoever to the grantor, shall and will maintain, repair, renew and operate its facilities in a manner satis- factory to the grantor and so that they shall at all times be in good condition and repair; and the grantee shall never 2 at any time permit its facilities or any part thereof to be or become in such condition or state of repair as to damage, in- jure, destroy or endanger the property or operations of the grantor or of any other parties lawfully occupying or using its property. In the event the grantee damages any facilities, property or other improvements of the grantor in the exercise of the rights hereunder, the grantee shall repair or restore ..p the same at its own expense and without expense to the grantor. Ln The covenants of the grantee herein shall inure to the benefit of the grantor, and successors and assigns of the grantor, and to said railroad companies, their successors and CD assigns, and each of them, and shall be binding upon the gran- tee, its successors, assigns, franchisees and permittees. This deed is given in substitution for a certain donative deed dated April 3, 1972, given by Union Pacific Land Resources Corporation to City of TukwIla and filed for record in Records and Elections Department, King County, Washington, on June 29, 1972, and assigned Recording No. 720 629 0002. Any inconsistency between the terms of that deed and the terms of this deed shall be resolved in accordance with the terms of this deed. This deed shall be deenied to be controlling and to supersede that deed. IN WITNESS U1�EREOF, the grantor has executed this instrument, by and through its proper officers thereunto duly authorized, this *Tg day of 1972. UNION PACIFIC LAND RESOURCES CORPORATION B P iden ATTEST: J (Seal) Assistant Secretary 3 STATE OF NEBRASKA ss. COUNTY OF DOUGLAS On this L( day of J V 4v 1977--, oefore me, a Notary Public in and for said County in the Stag, aforesaid personally appeared to me 0 aersonally known, and to me personally known to be the ]President T r- of UNION PACIFIC LAND RESOURCES CORPO- IATION, and to be the same person whose name is subscribed to t�- Lhe foregoing instrument, and who, being by me duly sworn, lid say that he is President of Union Pacific Land Zesources Corporation; that the seal affixed to said instru vent is the corporate seal of said corporation; and that Said instrument was signed and sealed on behalf of said orporation by author of its board of diz ecters and the >aid W. GoafreY acknowledged said instrument; to be As free and voluntary act and deed, and the free and volun- :ary act and deed of said corporation, by it voluntarily ;xecuted, for the uses specified therein, IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year Last above written. My commission expires r Notary Public iesiding at (Seal) .0 ti* Ax yiey.- �i u C— ie C= a WBN ry C) jo Isonb@H ie pjoo@8 joi a3113 CD N C) CD ---4 'HSVI '),IWIDO `M i CD CD S-401103"13 V MiOOitl Est ON Nd 41 ifir ZMA 40 IS'31103�