HomeMy WebLinkAbout1976 - Agreement - Private Road Crossing - Burlington Northern (BNSF) et al - 7612210676 •
Seattle, Wash.
•Rev.•& Ren. Dept. No. 23900
P.udit Nu. 79828
PLD 323 -4 -2.82 RAILR2i,v c•..
PRIVATE ROAD CROSSING
Dept. No. 31547
THIS AGREEMENT, made and entered into as of the
1st day of March, 1976, by and between OREGON-WASHINGTON RAIL-
ROAD & NAVIG:ITION COMPANY, an Oregon corporation, and its
lessee, UNIO:J Pr,C ?:'IC RAILROAD COMPANY, a Utah corporation,
and I::;RLING'rO:I NORTHERN INC., a Delaware corporation, and
CHICAGO, MIL4IAU:;Es, ST. PAUL and PACIFIC RAILROAD COMPANY,
a Wisconsin corporation (hereinafter collectively called
"Licensor "), and ISAACSON CORPORATION, a Washington corpora-
tion (hereinafter called "Licensee ").
RECITALS:
Under and by virtue of authority heretofore granted
by the City of Seattle, the Licensor owns, maintains and operates
fcertain railroad tracks in East Marginal Way, Seattle, King
CD County, Washington, and the Licensee being located upon property
adjacent to said East Marginal Way desires:
(a) to construct, maintain and use a private roadway,
`- including appurtenant identification signs and drainage
'facilities (hereinafter called "Private Roadway "), across
the right of way and over the tracks of the Licensor at
Seattle, King County, Washington in the location shown on
print No. R -123, dated February 4, 1976, attached hereto,
marked Exhibit "A ", and by this reference made a part hereof;
and
(b) to use, and the Licensor to maintain between the
rails of the tracks and for one foot on the outside of each
rail, a ninety -six (96) foot wide asphalt concrete crossing
(hereinafter called "Crossing ") on said right of way and
over said tracks in the location shown on said Exhibit
"A"
The Private Roadway and Crossing described in subparagraphs (a)
and (b) above shall hereinafter be referred to collectively as
"Road Crossing ".
NOW, THEREFORE, it is mutually agreed by and between
the parties hereto as follows*
Section 1. LICENSOR GRANTS RIGHT.
(a) In consideration of the covenants and agreements
herein contained to be by the Licensee kept, observed and per-
formed, the Licensor hereby grants to the Licensee, subject
to the terms and conditions herein stated, the right tr. con-
struct, and thereafter, during the term hereof, to maintain said
Private Roadway and to use said Road Crossing across said right
of way and over said tracks in the location described in the
recitals hereof.
(b) Said Road Crossing will serve real property which
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the Licensee represents: is owned by the Licensee; and the terms,
conditions and covenants of the Licensee contained in this agree-
ment shall be and constitute covenants running with the Licensee's
said real property located in Section 33, Township 24 North, Range
4 East of the Willamette Meridian, King County, Washington.
(c) The foregoing grant is subject and subordinate
to the prior and continuing right and obligation of the Licensor
to use and maintain its entire railroad right of way in the,
performance of its public duty as a common carrier, and is also
subject to the right and power of the Licensor to construct,
r- maintain, repair, renew, use, operate, change, mollify or relocate
railroad tracks, sianal, communication or other wire lines,
CD pipelines and other facilitios upon., along or across any or all
parts of said right of way, all or any of which may be freely
fV done at any time or times by the Licensor without liability to
the Licensee or to any other party for compensation or damages.
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(d) The foregoing grant is also subject to all out-
standing superior rights (including those in favor of licensees,
lessees of said right of way, and others) and the right of
the Licensor to renew and extend the same, and is made without
covenant of title or for quiet enjoyment. In the event others
are or have been authorized by the Licensor to use said Road
Crossing, the Licensee may agree with such others as to the use
of said Road Crossing and as to the cost of and responsibility
for maintenance of said Road Crossing; but no such collateral
agreement shall relieve the Licensee of responsihility to the
Licensor nor relieve the Licensee from any liahility hereunder
with respect to said Road Crossing.
Section 2. CONSTRUCTION, MAINTENANCE AND USE.
(a) The Licensee shall he responsible for all
costs and expense related to the construction, maintenance
and use of the Road Crossing. The Licensor, at the sole
expense of the Licensee, shall (1) furnish lahor and materials
and install the Crossing between the rails and for one foot
on the outside of each rail, together with the stop signs and
identification signs on each side of the Crossing; and (2)
maintain said Crossing, PROVIDED, however, that such maintenance
shall bo limited to that required by the Licensor for the
safe and efficient operation of its tracks, and such additional
maintenance work as is requested by the Licensee, and PROVIDED
FURTHER the Licensee shall keep the rail flangeways clear
of all obstructions.
(b) The Licensee, at the solo expense of the
Licensee, shall construct, perform all grading and surfacing
necessary for, and maintain, repair, renew and replace said
Private Roadway, and shall install, repair, renew and replace
any and all appurtenant gates, cattle guards, drainage
facilities, traffic signs or devices, and identification signs
shown on Exhibit. "A" or required at any time by the Licensor,
by law, or by ary public author...ty havine jurisdiction. All
wor': performed by the Licensee on said ri: ;ht of way in connection
with the construction and maintenance of said Privato Roadway
shall ho done to tho satisfaction of tho Licensor.
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(c) Said Private Roadway shall be constructed and
maintained, and said Road Crossing used by the Licensee, in
such manner as to cause no interference whatsoever with the
operation of said track, and nothing shall be done or suffered
to be done by the Licensee which would in any way endanger the
safety of operation of said track.
(d) The Licensee shall keep any gate affording
access to the Road Crossing closed and locked at all times
except during• the time of actual passage through it onto or
from the Road Crossing. The:Licensee shall not do, suffer
or permit anything which will or may•obstruct, endanger or
interfere with, hinder or delay t"he maintenance and operation
of the Licensor's railroad tracks or appurtenant facilities
or the facilities or equipment of others lawfully using the
Licensor's property. The Licensee shall adequately supervise
and police use of said Road Crossing so that no person,
vehicle or livestock stops or stands on the Licensor's tracks
or attempts to cross the Licensor's railroad tracks when a
railroad train, engine or car is approaching or occupying
the Crossing.
Section 3. MODIFICATION OR .RELOCATION OF ROAD
CROSSING.
(a) The right herein granted is subject to the
needs and requirements of the Licensor in the operation of
its railroad and the improvements and use of its property,
and
(1) the Licensee shall, at the
Licensee's sole expense, make any and all
modifications or changes in said Private
Roadway: and
(2) the Licensor shall, at the
Licensee's sole expense, make any and all
modifications or changes in said Crossing,
or move the same to such new location as the Licensor may
designate, whenever, in the furtherance of such needs and
requirements, the Licensor shall find•such action necessary
or desirable.
(b) All the terms, conditions and stipulations
herein expressed with reference to the maintenance and use of
the Road Crossing in the location hereinbefore described shall
apply to tho Road Crossing when modified or moved to a new
location under the terms of this section.
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(a) any woLk done by the Licensee in connection with
the maintenance or removal of said Private Roadway; or
(b) the use of said Road Crossing by the Licensee,
or the agents, employees, patrons or invitees of the Licensee
or by others with the consent of the Licensee; or
(c) the breach of any covenant or obligation assumed
by or imposed on the Licensee pursuant to this agreement, or
the failure of the Licensee to promptly and fully do any act or
work for which the Licensee is responsible pursuant to this
agreement.
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Section 0. TERMINATION OM NOTICE. This agreement
may be terminated by written notice given by the Licensor to
the Licensee on any dote in such notice stated, not less,
however, than thirty (30) days subsequent to the :late on which
such.notice shall.bc given. -
Section 9. REMOVAL OF ROAD CROSSING.
41 (a) Upon termination of this agreement howsoever,
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the Licensor shall, at the sole expense of the Licensee, ramovo
cv said Road Crossing and restore the premises of the Licensor to
a condition comparable to that existing immediately prior to
the construction of said Road Crossing.
(b) In the event of the removal of the Road Crossing
as in this section provided, the Licensor shall not be liable
to the Licensee for any damage sustained by the Licensee for or
on account of such removal, and such removal shall not prejudice
or impair any right of action for damage, or otherwise, which
the Licensor may have against the Licensee.
Section 10. EFFECTIVE DATE; TERM. This agreement shell
take effect as of the date first herein written, and, shall con•
tinue in full force and effect until terminated as herein providod.
Section 11. AGREEMENT NOT TO BE ASSIG::ED. The Licensee
shall not assign this agreement, or any interest therein, without
the written consent of the Licensor.
Section 12. SUCCESSORS AND ASSIGNS. Subject to tho
provisions of Section 11 hereof, this agreement shall be binding
upon and inure to the benefit of the parties hereto, their
respective successors and assigns.
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Sectiun 13. TEP.MINATION OF PRIOR AGREEMENT. License'
agreement dated October'13, 1952 from the Licensor. herein to the
Licensee herein, bearing Licensor's Dept. No.23900, AudiL No.
79828, is terminated as of the effective date hereof, provided,
however, that such termination shall not affect any of the rights
or obligations of the parties to said license which may have
accrued, or liabilities, accrued or otherwise, which may have
arisen prior to such termination.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed as of the date first herein written.
iTl tnesa:
&J. Attevite.te(
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Attest:
r+.�: *�► Secretary
Attest:
r oc L L' • 4f � , a.
Arn.id „7. Secretary
OREGON- WASIIINGTON RAILROAD t
NAVIGATION COMPANY
UNION PACIFIC RAILMOAD COMPANY
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Hy ` ' 4j eral Manager
BURLINGTON NORTHERN INC.
- !'General Manager Leases
CHICAGO, MILWAUKEE, ST. PAUL
AND PACIFIC RAILROAD COMPANY
By r,!�JeC� �� ",1
lies President
ISAAC V CORPORATION
By
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EOIIBIT "A"
OSTOOCi- W'ABOIN TTDM R1ILRCAD & NAV'_:;ATICS`: CalPANY
UNION PAC IC RAILROAD =PAY,' cu sr•El
bUitlatrIT xl ? 11U N INC.
CHICAGO, MILItUKEE, ST. PAUL i PACIFIC RP. CO.
Sea ttlo, Pa!Mnaton
OCA : 1" - 100'
OFFICE or DIErritICT REAL ESTATE :0X7.771
Ibrtlnrd, Orogen F ^.br.:ary 4, 1976
1b accomtauly Agreement with Iaaacaon CorT.nration
covering 96,G tt. a.c. pri'rato ruad cro:.:.ing.
*LEGEND*
Privato mad Urrmninj shown RFD
Soc. 33, r,34 N.', U.1 E., W.M., King CY"unty •
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STATE OF
County of
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) ss.
On this day of , 1976, before
me personally appeared , to me
known to be the President of 13URLif:G'ro:l NORTHERN INC., the corpora-
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r.... tion that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act
and deed of said corporation, for the. uses and purposes therein
N mentioned, and on oath•stated that he was authorized to execute
said instrument on behalf of said corporation.
N IN WITNESS WHEREOF, I have hereunto set my hand and
.affixed my official seal the day and year first above written.
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Notary Public for
My Commission expires:
STATE OF •. ..e C.( A.4 . , )
) 88.
County of 1 • , , k. )
On this /< <'- day of �s<< /- , 1976, before
me personally appeared /A , in .. , c', ,F , to me known to
be the�$resident of the CHICAGO, ::ILWAUREE, ST. PAUL AND PACIFIC
RAILROAD COMPANY, the corporation that executed the within and
foregoing instrument, and acknowledged said instrument to ae the
free and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
c� N,< (
ot4ry PuGrrc for.' f.
My Commission expires: 7-/7-7`./
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STATE OF WASHINGTON
COUNTY OF KING ))
ss
pr` On this 22nd day of April, 1976, before me personally appeared EARL C.
PETERSON, to me known to be the Assistant Secretary of ISAACSON CORPORATION,
N the corporation that executed the within and foregoing instrument, and ack-
N nowledged 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
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that he was authorized to execute said instrument on behelf of said corpora-
tion.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
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/ potary Public in and for he State
/of Washington, residing at Seattle
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iSi �i}'y �f•- ? :i4+4•; f M w ' :; i r":;i4..N'':•v. -• `' ' +','i '
My commission expires 8/15/78
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STATE OF WASHINGTON
COUNTY OF KING ))
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On this 22nd day of April, 1976, before me personally appeared EARL C.
PETERSON, to in known to be the Assistant Secretary of ISAACSON CORPORATION,
the corporation that executed the within and foregoing instrument, and ack-
nowledged 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 he was authorized to execute said instrument on behelf of said corpora-
tion.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
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/potary Public in and for he State
of Washington, residing at Seattle
My commission expires 8/15/78
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