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Home My WebLink About1966 - Agreement - Monsanto Company / Pacific Car and Foundry Company - 60642046064204 mm called "Monsanto," end rArI!rlt: monsanto company pacific car and foundry company tlon organized end exlstInv under the laws of the :tats of :Washington, hereinafter called "Feciflc "; WTTNE..' F.TH: WMF EA3, on the 13th day of May, 1i�3 the part :to aforesaid entered into an agreement relating, to the ^.or.straction, maintenance and use of a joint sewer lire on trooert•i ire- :wre: :;by Monsanto which was to serve both the Kenwort` Motor �.• :-� •.Company Division of Pacific and the Monsanto plant, "cattle, : :Washington, which agreement was filed With the . %diter of a:rq ;:County, Washington under Auditor's f :le.ffo, �. and WHEREAS, pursuant to the tees and ;roe, :3tors of twat certain agreement dated f;1 , l between :'cr.3ar. a • and Pacific, Monsanto is now conveync to Pacific certain lands in King County, Washington, including ti land or. which tie line was constructed, and WHEREAS, Pacific and Monsanto consider It advartareoss ii 4 to continue to participate jointly in the maintenance and . :se of said joint sewer line for the common use and benefit of Pac_':: Vi and Monsanto, NOW, THEREFORE, in consideration of the premises and of the promises and agreements hereinafter contained, the parties. h hereto agree as follows: AuG 3-196 HUD BY PIM t _- , RECEIVED , SEP 1 42(:25 e e n r r, . r ,. , „ COMMUNITY EVELOPMENT 1 Tian IMEMIWE. made and entered into es 'If t.Moi • r I t . , I I 1 L„ A,toai sheets Beginning at a point on the westerly line of Fast Marginal Way south which point nears north '' 1 91L" west 2 feet along the north line of said donation claim and south 40' °n" east feet along the westerly line of East "arninel Way South, from the tntercection of the line between the donation claims of Francis WcNett and Ferri ''an Asselt with the east line of said "ectton l ?; thence west 577.52 feet; thence south at right anr•lcs thereto 12.0C feet; thence east 577. feet to the westerly line of Fast Marginal !:ay south.; thence north a3 40' 5n" west alone sold westerly line 13.10 feet to the point of berinnlnr, ?XfEFTI:IG therefrom that portion of the above described stria of land which lies within the Melts of that certain tract of land heretofore conveyed by Monsanto Chemi- cal Company to Oregon- Washington Railroad & Navigation Company, Great Northern Railway Corpan , ;furthers Pacific Railway Company and Chicago, 4'lwa —ee, St. Paul and Pacific Railroad Company by deed dated March 7, 1%7, recorded under auditor's File No. 4714819, records of King County, Washington; P''* INCLUDING, with respect to that portion of the atone •described strip of land which lies within t-e limits of the land excepted above, the rights reserved t_: Monsanto in said deed to cross said excepted lard with utility service lines in a ranr.er which will not obstruct the railroad uses of said excepted land. Approximate location of said Premises Is shown where enclosed by red lines on the drawing marked Exhibit A attached hereto as part hereof. 2. Joint Line. The underground sewer line, eight . 'inches in diameter and approximately 575 feet in length, to - gether with all necessary fixtures, equig rent and app• :rterences, as constructed pursuant to said agreement dated May 13, 1063, In and under the Premises Is hereinafter called the "Joint Line." 3. Permits. Each party shall at Its own expense take all reasonable action necessary to obtain and maintain in force and effect any required permit from the City of Seattle. Washing- H ton, or other public authority having jurisdiction to maintain AUG 3 - 196g FILED BY PUU1 • " • • 1. Premises. As used in this Agreement, "Premises" means the following described strip of land situated in. the County - of King and State of Washington, to -wit: A strip of land nniforrul.y In feet !n width in Francis McNatt Donation Clair 'lo. ?P In Cectlon 13,'�'ut1!I�T• p '�'" • ., described as r'ollows: -2- �� • connections of said Joint Line to the public in East Mar- ginal Way South to serve the requirements of the lands which will be owned by such party after the consummation of said agreement dated 3.4. ,2 7 . 1066. Each party shall pay to the City of Seattle the monthly basic sewerage utility charge, together with the.Metro surcharge, as fixed by ordinance of said City for property located outside the limits of said City, and any other service charges which may be applicable to such party's lands (after the consummation of said agreement dated "� 1 7 , 1 1966), or such party's use of the public sewers. . 4. Use and Operation of Joint Line. Each party shall jointly and equally own, and shall have full rights in and to the use and operation of the said Joint Line; provided, however, neither party shall use or operate said Joint Line to serve any lands of such party which are not part of the lands authorized to lbe served pursuant to applicable connection permits from the City Lot Seattle, Washington, or other necessary public authority having jurisdiction;. provided further, each party's use and operation of said Joint Line shall be with due regard to and without . unreasonably interfering with the use and operation of said Joint Line by the other party. 5. Lateral Sewers. Subject to the provisions of pars - 1 graph 4 above, ,each party, at its own cost, may construct on said Premises lateral sewers extending from its own lands and connect the same with said Joint Line in accordance with sound.engineering' and construction practices. Such lateral sewers shall be owned and maintained by the party constructing the same. 6. Maintenance of Joint Line. Pacific shall, on behalf and at the joint and equal cost and expense of itself and Monsanto repair, maintain and, if required, renew said Joint Line, and Monsanto shall pay to Pacific, promptly following receipt from FaiD YB maTi -3- r • the parttee hereto, or (b) solely because or eubetan -ee •lepos!te". 'V ! a . Into said Joint Line by one of.the parties hereto, qv -h party •shall gear all such maintenance, repair and /or renewal costs end :expenses. raclfic shall not be liable to Monsanto for, erl Monsanto hereby releases and dlsmnerves Pacifi c from., env loan. . demece, cost or expense muttered or incurred b•► iA aris'r,a out of the maintenance, repair or renewal of sail • "o' -t L' ^e h Pacific, er the ("allure or refusal of Pacific to repair, maintain ,.or renew said Joint Line. In the event Pacify 'hall fail or re fuse to make any necessary repairs, maintenance or renewals of said Joint Line, Monsanto may do so on behalf and at the 'mint and equal expense of itself and Pacific, and Pacific snail pay to Monsanto, promptly following, receipt of Monsanto's statement • therefor, one -half of all costs er' expenses 'neurr!d thereby. 7. Extensions Rs Joint Line. Prom time to time either party ray, at its own cost and expense, correct any other sewer of such party constructed by It under and along property west of said Premises, hereinafter called "Sewer Line Extension.," with . said Joint Line; provided, however, such party s: -all, prior to making such connection, obtain approval therefor of the ot'rer party (which approval shall not be unreasonably wi ^.f. ?eta) an/ such connection eh be made in accordance with s:”:n.i er.;lnee -ln: • and construction pra tices. Such ::ewer Lire ?xte -s: s::a:; not unreasonably tax the wpaclty of said Joint Line and shall not serve any lands of euchAlarty which are not part of the lands authorised to be served pu scent to a connection permit from the City of Seattle, Washington, d any other neeessary public \ f \ • time to time of'Pacific's statement therefor, one -half of all costs and expenses Incurred thereby as reflected on the hooks of Pacific; provided, however, that If meld Joint Line shall he damaged or destroyed (a) her.wiee of the sole nevl'vtnce or one of y AUG 3- 196 no BY Mai • • V. authority having Jurisdiction. Such Sewer Line Extension shall' be owned, used and maintained solely by and at the coat and ex- pense of the party constructing the same; provided, h r, that upon the payment by the other party to the constructing party of vim one -half of the cost and expense of oonetruoting and connecting ti wr such Sewer Line Extension, less the then accrued depreciation, as reflected on the books of said constructing party (advice as to the amount of which payment shell be furnished in advance by the constructing party to the other party upon request), such Sewer Line Extension shall automatically be deemed to be owned Jointly and equally by the parties hereto and thereafter all rights, easements and obligations of the parties under this Agreement with respect to the Joint Line. including provisions relating to use, operation, connections, maintenance, repairs and renewals, shall apply to said Sewer. Line Extension, and such Extension shall thenceforth be considered as part of the Joint Line as such term is defined herein, and the definition of "Premises" contained in paragraph 1 of this Agreement shall be amended to include an additional strip of land, twelve feet (12') in width, lying six feet on each -side of the center line of such Sewer Line Extension. 8. Easement to Monsanto. Subject to the terms, cove - nants, reservations and conditions of this Agreement, and to the extent that such grant shall not at any time interfere with the ;;maintenance, repair, use, operation or renewal of said Joint Line. Pacific grants to Monsanto, but without any warranty express or implied, a nonexclusive easement, in common with Pacific, to con - I1 p struot, maintain, operate, use, repair and renew said Joint Line !■ and an underground sewer or sewers, together with all necessary fixtures, equipment and appurtenances, in, under and through said rr I -5- I it "- _ -""" - - • : • • ;1 Premises, Said easement is granted -subject to any and all exist - ing restrictions, Ilene or encumbrances, or existing rights or interests of any third persona or parties, in, to, or affecting any of said Premises, whether or not of record. Pacific, for itself, its successors, assigns, grantees, lessees and licensees, e4 reserves and excepts from this easement, the right to use, occupy, poesesa and enjoy any of anti Premises for any purpose and In any manner whatsoever which does not unreasonably Interfere with the easement herein granted to Monsanto. Pacific also reserves and excepts all right, title and interest In and to Bawl Premises except as specifically herein granted to Monsen:n. Monsanto shall, promptly following the completion of any work In conne:tlon with said sewers, restore the surface of acid Premises affected thereby to substantially its former condition and leave the sane in a neat and orderly manner. Except with re, e:t to t -e main- tenance, operation, use, repair, or renewal of the Joint Line, Monsanto shall indemnity and hold harmless Pacific from and against any and all liability, claims., sults,.judgments, damages, losses, coats and expenses caused by or connected with Monsanto's exercise or purported exercise of the easement granted hereby, or of any act, omission or neglect of Monsanto, Its employes, agents or con - tractors,-in maintaining, operating, using, repairing, renewing or removing said sewer or sewers (except the Joint Line) or any part thereof, unless caused by the sole negligence of Pacific, its employes, agents or contractors, 9. Relocation. It, in the opinion of Pacific, said Joint Line or any sewers of Monsanto constructed under this Agreement shall at any time interfere with the development of Pacific's property or plant, Pacific shall have the right, at Its own cost and expense, to relocate, alter or adjust said Lino -6- •■ -. • . or sewers or any part thereof on said Premises, or onto other lands owned or provided by Pacific as shall he a reasonable and • adequate location for such of said Joint Line or sewers of Mon.: sante, to be relocated. 10. Termination of Prior Agreement. This Agreement replaces andsubetitutee for the.eforensid agreement of May. 11, !! 19. end all rights, privileges and •eeementr conveyed hy said 65 agreement are hereby terminated. 7 11. Assignment - Term - Waiver. This Agreement and all the terms and provisions hereof snail inure to the tenefit of and be binding upon each of the parties nereto and their respective auccessore and assigns; provided, rowever, no right of either party shall be transferred or assigned, eitner voluntarily or involuntarily, without the prior written consent of the other party; except that each party may, without such consent, assign or transfer this Agreement or any interest therein, In whole or in part, to one or more subsidiary, affiliated or joint venture • companies of such party or to such party's successor, on cordition that such subsidiary, affiliated, joint venture company or suc- cessor assumes and agrees to be bound by all of the duties, liabilities and obligations of the assigning or transferring party under this Agreement. Any such transfer or assignment shall not, however, relieve the assigning or transferring party of any of its duties, liabilities or obligations under this Agreement, and such party shall promptly provide the other party with an executed copy of any such transfer or assignment. This Agreement shall continue in effect until the use of said Premises for said Joint Line shall be abandoned by both parties. Hither party hereto may waive any defuult under this Agreement -7- • • • • ' A rrtrv i . —1 1;;;; -)41••• ATTrnr: ''''' re • • , - -: Isi 1 , ,..! r . : •.;* I% • . , -..... • • :7 LI v - 7. Inri4 -.• — ,..___...— p ___ ... ., ..„. . .. .1 t.. 1 rl 7 1):' : - ..7 • ;• • . - . • .. _ ....•••■■