HomeMy WebLinkAbout1972 - Donative Deed - Union Pacific Land Resources Corporation - 7206290002 MAIL To:
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ESCROW DEPT..
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DONATIVE DEED
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CD UNION PACIFIC LAND RESOURCES CORPORATION
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CITY OF TUKWILA
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covering easement for sewer lines and
facilities under certain real property in
the SW4 of the SE! of Section 26,
Township 23 North, Range 4 East, W. M.,
King County, Washington
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DATED APR 31972
17b Excise Tax Not :=�equirec!
M. J. q �V&LIMJIS, Ei <<g Ccurity Treasurer
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 easement in the property hereinafter
described, for public purposes; and
WHEREAS, the UNION PACIFIC LAND RESOURCES
CORPORATION, a Utah corporation, hereinafter called grantor,
is willing to donate an easement in said property to the
CD grantee for such purposes;
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N NOW, THEREFORE, the grantor, UNION PACIFIC LAND
RESOURCES CORPORATION, for good and valuable consideration,
CD does, by these presents, grant, donate, convey and confirm
unto the grantee, CITY OF TUKWILA, its successors and
assigns, an easement to construct and thereafter maintain,
repair, renew and use sewer lines and facilities under the
following- described real property in the County of King,
State of Washington:
A strip of land 8 feet wide and
1101.5$ feet long, situated in the
southwest quarter of the.southeast
quarter of Section 26, Township 23
North, Range 4 East of the Willamette
Meridian in the County of King, State
of Washington, the easterly margin of
which is more particularly described
as follows:
Commencing at the southeast corner
of said southwest quarter; thence
North 1° 47 291 East, 140.76 feet
along the east line of said southwest
quarter; thence North $7° 55 02
West, 30 feet to the westerly margin
of Andover Park West,and the point
of beginning; thence -North 1 471 2911
East along said westerly margin
1101.58 feet and the terminus of said
margin description.
EXCEPTING AND RESERVING unto the grantor, its
successors and assigns forever, title to the real property
herein described, together with the right to use the said
real property for any and all purposes not inconsistent
with the easement granted hereby, including, but not by way
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of limitation, the right on the part of OREGON WASHINGTON
RAILROAD NAVIGATION COMPANY and its lessee, UNION PACIFIC
RAILROAD COMPANY, and CHICAGO, MILWAUKEE, ST. PAUL AND
PACIFIC RAILROAD COMPANY, or either of them, their successors
or assigns, to construct, reconstruct, maintain, operate,
renew, alter, relocate and replace tracks, facilities and
appurtenances, either wholly or partly within said property,
including any grading or excavation necessary or expedient
cV therefor.
CD
CD ALSO EXCEPTING AND RESERVING unto the grantor,
its successors and assigns forever, all minerals and all
CV mineral rights of every kind and character now known to
exist or hereafter discovered, including, without limiting
CD the generality of the foregoing, oil and gas and rights
Imo- 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 grantees' 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
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) The above described premises shall be
used by the grantee solely for the purposes aforesaid and
not otherwise, and if at any time the property of the
grantor hereinbefore 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 accordance with design prints which have been
prepared by the grantee and approved in writing by the
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City Engineer of the grantee 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-
N factory to the grantor and so that they shall at all times
be in good condition and repair; and the grantee shall never
O at any time permit its facilities or any part thereof to be
01% or become in such condition or state of repair as to damage,
N injure, destroy or endanger the property or operations of
0 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 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 grantee, its successors, assigns,
franchisees and permittees.
IN WITNESS WHEREOF, the grantor has executed this
instrument, by and through its proper officers thereunto
duly authorized, this 3 day of 4 L 1972.
UNION PACIFIC LAND RESOURCES
CORPORATION
By
P e ident
ATTEST:
kssis`ai tory
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STATE OF NEBRASKA
ss.
County of Douglas
On the .3 Rd day of QPEj L 1972, before
me personally appeared J. W. Godfrev to me known to
be President of the UNION PACIFIC LAND RESOURCES
cv CORPORATION, the corporation that executed the within and
CD foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath
Y .O stated that he was authorized to execute.said instrument,
CD and that the seal affixed is the corporate seal of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and year first above
written.
7.
Notary Public for Douglas County,
Nebraska, residing at Omaha
A t My commission expires:
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7206290002