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Home My WebLink About1972 - Substitute and Donative Deed - Union Pacific Land Resources Corporation - 7207170517 ORIGINAL UPLR C. D. No. 237 -7 SUBSTITUTE DEED DONATIVE DEED CD KNOW ALL MEN BY THESE PRESENTS, that: WHEREAS, the grantee, CITY OF TUKWILA, a municipal corporation of the State of Washington, desires to acquire an casem in th property hereinafter descr ibed, for public 0 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, by these presents, grant, donate, convey and confirm unto the grantee, CI Y OF 1TK1fi_T_LA, its si,c.cessors and assigns, an ease- ment to construct and thereafter maintain, repair, renew and use water lines, seiner lines and electric power transmission. and communication transmission lines and facilities under and upon the following described real property: PARCEL, l: A parcel of land situated in King County, Washing- ton, more particularly described as follows: A 15- foot de strip of land described as the easterly 3_5 feet of the westerly 21 feet, as meas- ured at right angles t.o South Center Parkway, of the following- described tract: That portion of the SE of the SW of Section 26, Township 23 North, Range East, W.M., lying easterly of South Center Parkway (57th Avenue South). .PARCEL 2: A parcel of land situated in King County, Washing- ton, more particularly descrii bed as follows: 1 A 15- foot -wide strip of land described as the easterly 15 feet of the westerly 21 feet, as meas- ured at right angles to South Center Parkway, of the following- described tract: The west 14 -0.16 feet of the Mil of the NE- of Section 35, Township 23 North, Range 4 East, W.M., less the south 430 feet thereof, Ln and that portion of the 1TE! of the 1dW of said Section 35 lying easterly of South Center Parkway (57th Avenue South), less the south ~0 430 feet thereof. FN 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- erty for any and all purposes not inconsistent with the ease- ment granted hereby, including, but not by tray of limitation, the right on the part of OREGON WASHINGTON RAILROAD NAVIGA- TION COMPANY and its lessee, UNION PACIFIC RAILROAD COMPANY,, their successors or assigns, to construct, reconstruct, main- tain, operate, renew, alter, relocate and replace tracks, facilitie. 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- after discovered, including, without limiting; the generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable to the grantor, its successors and assigns, but in 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) Any and all encixr�brances and rights (whether public or private, irrespective of whether or not they are recorded, presently existing, and any and all extensions and renewals of said encumbrances and rights. By acceptance of this conveyance, the grantee hereby covenants and agrees as follows: (1) Fire hydrants shall constitute the only portion of the utility facilities above ground. 2 (2) 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 LCD shall forthwith cease and terminate. CD rl— (3) Any and all construction or modification of the rl— grantee's facilities built or to be built within the easement O area hereinabove described shall be undertaken only in accord ante 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. (4) 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 satisfac- tory to the grantor and so that they shall at all times be in good condition and repair; and the grantee shall never at any time permit its facilities or any part thereof to be o^ become in such condition or state of repair as to damage, injure, destroy or endanger the property or operations of the grantor or of any other parties lawfully occupying or using its prop- erty. In the event the grantee damages any facilities, prop- erty or other improvements of the grantor in the exercise of the rights hereunder, the grantee shall repair or restore the same at its own expense and without expense to the grantor. 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 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 0001. 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 deemed to be controlling and to supersede that deed. IN WITNESS WHEREOF, the grantor has executed this 3 instrument, by and through its proper officers thereunto duly authorized, this f 47 day of JU I.% 1972. r UNION PACIFIC LAND RESOURCES t`- ATTEST: CORPORATION to CD C 6 �z Seal) By J� 'Assistant Secretary r sident� r CD r 4 STATE OF NEBRASKA ss. COUNTY OF DOUGLAS j On this day of J U I- V l;? 71% oefore me, a Notary Public in and for said County in the State .aforesaid, personally appeared Godfrey to me Ln Dersonally known, and to me personally known to be the O President N of UNION PACIFIC LAND RESOURCES CORPO- f� N lATION, and to be the same person whose name is subscribed to ;he foregoing instrument, and who, being by me duly sworn, lid say that he is President of Union Pacific Land lesources Corporation; that the seal affixed to said instru ment is the corporate seal of said corporation; and that said instrument was signed and sealed on behalf of said orporation b authori t;T o f its board of directors n and the said J. W. Godfrey acknowledged said instrument to be its 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 end offic .1al seal whe °?.av and year Last above written. i My commission expires Notary Public iesiding at Omaha, Vebrasks (Se r P N v e2l a C2, .......awe�� r jo isanb@N ie plooaa loi a31ij o 0 CD SN01 f 5313 V SG Q, l--� 90 ltd 41 ltlt' ZW ca