HomeMy WebLinkAbout1972 - Donative Deed - Union Pacific Land Resources Corporation - 7206290001 MAIL TO.vi
SECT PY TITLE
-SCROW DEPT.,
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DONATIVE DEED
from
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N UNION PACIFIC LAND RESOURCES CORPORATION
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to
CITY OF TUKWILA
covering easement for water lines,
sewer lines and electric power and communication
transmission lines and facilities
under and across certain real property in
Sections 26 and 35, T. 23 N., R. 4 E., W.M.,
King County, Washington
DATED: /-7P/? /L 3 )97z
11 1. �Iir:.i,.1ri.;,
1W
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
O
CD WHEREAS, the UNION PACIFIC LAND RESOURCES
N CORPORATION, a Utah corporation, hereinafter called grantor,
is willing to donate an easement in said property to the
CD grantee for such purposes;
N
NOW, THEREFORE, the grantor, UNION PACIFIC LAND
RESOURCES CORPORATION, for good and valuable consideration,
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 water lines, sewer lines and electric
power transmission and communication transmission lines
and facilities under and upon the following- described real
property:
PARCEL 1:
A parcel of land situated in King
County, Washington, more particularly
described as follows:
A 15- foot -wide strip of land described
as the easterly 15 feet of the westerly
21 feet, as measured at right angles
to South Center Parkway, of the follow
ing- described tract:
That portion of the SEw of the SW_1 of
Section 26, Township 23 North, Range 4
East, W.M.,, easterly of South
Center Parkway (57th Avenue South).
PARCEL 2:
A parcel of land situated in King
County, Washington, more particularly
described as follows:
A 15- foot -wide strip of land described
as the easterly 15 feet of the westerly
21 feet, as measured at right angles
1
to South Center Parkway, of the
following- described tract:
The west 140.16 feet of the NW4 of
the NE4 of Section 35, Township 23
North, Range 4 East, W.M., less the
south 430 feet thereof, and that
portion of the NE4 of the NW of said
Section 35 lying easterly of South
0 Center Parkway (57th Avenue South),
p� less the south 430 feet thereof.
N
D 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
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
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 hereafter 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) 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.
2
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) The above- described premises shall be
CD 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,
O or any part thereof, shall permanently cease to be used
N 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.
(3) 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
City Engineer of the grantee 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 satisfactory 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 or become in such condition or
state of repair as to damage, injury, 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
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.
-3-
IN WITNESS WHEREOF, the grantor has executed this
instrument, by and through its proper officers thereunto
duly authorized, this -3 day of 1972.
0
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UNION PACIFIC LAND RESOURCES
N ATTEST: CORPORATION
,O
y
i�/ By
A6s g i stant'Sec�f-etary P siden
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f4 E OF NEBRASKA
ss.
County of Douglas
On the 3 Rd day of 1972, before
me personally appeared J. W. Godf rey to me known
to be President of the UNION PACIFIC LAND RESOURCES
CORPORATION, the corporation 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 mentioned, and on oath
stated that he was authorized to execute said instrument,
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.
E R t
0 '0 R-
Notary Public for Douglas County,
Nebraska, residing at Omaha
My commission expires:
ti es. 4
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7206290001