HomeMy WebLinkAbout1966 - Agreement - Monsanto Company / Pacific Car and Foundry Company - 6061204•
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6061204
AOREEMENT
THIS` INDENTURE, made and entered into as of this i _
day of .0 , 1966, by and between MONSANTO COMPANY (for-
merly Monsanto Chemical Company), a corporation organized and
existi.nr-. under the laws of the State of Delaware, hereinafter
called "MunsaiLo," and PACIFIC CAR AND FOUNDRY CO4?AWi, a corpora-
tion organized and existing under the laws of the State of
Washington, hereinafter called "Pacific";
W7TNESS1'sTH:
WHEREAS, on the 13th day of May, 1963, the parties
aforesaid entered into an agreement relating to the construction,
raintenane.e and use of a Joint sewer line on propel;;y ti.en owned
t.y Monsanto which was to serve both the Kenworth Motor Truck
Company Division of Pacific and the Monsanto plant, Seattle,
Washington, which agreement was filed with the Auditor of Xing
County, '.lashinuton under Auditor's file No. 5672465, and
!9HERE.A3, pursuant to the terms and provisions of that
certain agreement datedr , 1966, between Monsanto
n:d Pacific, Monsanto is now conveying to Pacific certain lands
in i"ir:r• Col'nt», 1Tashinfiton, includinp the land on which the ,',oint
sewer line was constructed, and
WMF,Ral.S, Pacific and Monsanto consider it advantageous
to continue to ne.rticipat.e .'ointly in the maintenance and use of
na'r! .;oint newer line ror the common use and benefit of Pacific
nnr! !'onsant0,
T11',,Rr"Ort;, in consideration of the premises And of
Mir• nroi fags Anti as•reement:s hereinafter contained, the parties
n"eto ar•ree nn f'nll.own:
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VOL 482(1 PA 428
VW
.)
1. Premises. As used in this Agreement, "Premises"
means the rollowing described strip of land situated in the County
of Fine and State of Washington, to -wit:
A strip of land uniformly 12 feet in width in Francis
McNatt Don'ttion Claim No. 38 in Section 33, Township
24 North, Range 4 East, 11,M „ described as follows:
11eFinning at a point on the westerly line of East
Marrinal W..y ceuth which point boars north 8q° 15'
54" west 2470.01 feet along the north line of said
donation claim and south 23' 40' 59" east 648,77
feet along the westerly line of East Marginal Way
`;oath, from the intersection of the line between
the donation claims of Francis McNatt and Henry Van
'Asrelt with the east lino of said Section 33; thence
west '72.52 feet; thence south at right angles
thereto 12.00 feet; thence east 577.78 feet to the
westerly line of East Marginal Way .South; thence
north 23° 40' 50" west along said westerly line
7?.]0 feet to the point of beginning, EXCEPTING
therefrom that portion of the above described strip
or land which lies within the li1.ite of that certain
tract or land heretofore conveyed by Monsanto Chemi-
cal. Company to Oregon -Washington Railroad & Navigation
Company, Great Northern Railway Company, Northern
re-tric Railway Company and Chicagc, Milwaukee,
Paul and Pacific Railroad Company by deed dated
March ", 1157, recorded under auditor's File No.
h't2Ji(1P, records of King County, Washington; BUT
INC?.•ITING, with respect to that portion of the above
described strip of land which lies within tho limits
of the land excepted above, tho rights reserved by
rM,'noanto in said deed to cross said excepted land
w!tl t.tlity service lines in a manner which will
r,nt. o`;struct the railroad uses of said excepted land.
'rl,rox'mate location of said Premises is shown where
encloned h;, red Lines on the draw.lnp marked Exhibit
ar•t'tcl ed hereto, A8 part hereof.
ro'•.t Line. The underr;round sewer line, eight
c - 'retr.r and approximately 575 feet in length, to-
c':er t•:'c ^.1l •.ecessary r xtures, equipment and appurtenances,
qr -n ^tr -tee rn,ant to said at reenent dated May 13, 1'1E3, in
qr. i onr •e 1-e.isen 's hereinafter called the"Joint Line,"
_r. ' I n. roty" pnrty shall al its own expense ta1;e
^7' „,.., n ":‘'ion nenen.3ary to ohtn'n and raint•nin in `orne
!!`rl'rod permit rrom the City of aeattlo, tiAshlz;-
„nr n
authority havinr Jurisdiction to r:alntain
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vo. 4820 PACE 429
connections of said Joint Line to the public sewer in East Mar-
rtinal Way South to serve the requirements of the lands which will
be owned by such party after t;, consummation of said agreement
dated /I 1 cc�� 1966. Each '�"' J.__.� party shall pay to the City
or ?.eattle the monthly basic sewerage utility charge, together
with the Metro srcharge, as fixed by ordinance of said City for
property located outside the limits of said City, and any other
servIr:e chines which may be applicable to such party's lands
(after the con;'Immatlon of said agreement dated _. ,:l . 5? I
11"V). or arch party's use 'r the public sewers, �7'`��'
4, line and 0 eratlon of Joint Lie, Each party shall
.'n'nt1.,v and equally own, and shall have f1'11 rights in and to the
!se and operation of the said Joint Line; provided, however,
ntrty shal]. ;IRO or operate aai.9 Joint L!ne to serve any
lends or s,.^h party w!';ch are not port of the lands authorized to
1.0 served p'r -ert to epplicihle connection permits from the City
o'' 4e't':.le, UAnhlnrtor., or other necessary public authority having
•nrisdition; provided further, each party's une and operation of
sa'ci • o.'. ;I. i:.'ne shall 'r.e with due rer,ard to and without
':r.reasonah-ly ',r.terferinr with the use and operation of said Joint
_ ' ne Iv• the nt:•et.
LaLerAl._ewers. s:nh,'ect to the provisions of pare-
ra!•d: L e` o:'r, r}n... :r art", at . Its own cost, may COC.^,tr'Ir`t On 4A',?
'"es la!rr.' sewers ext.enrd'n;' frown 'tn own lends and conent
SR::-e w' se''n'r t _ ne in accordance with
sound encireerinr
.ri ronstr» cf.i or: practices. 7uch lateral. sewers Rd.All 1.e owned
. 110 rnrr'
• rnnntru^tih(' L1'C In"!".
_rr o' .;o'nt 1'ne, 1Ac! e
• _. ... __. 'r: shall. or
n! 'i rq':nl ^t nr.r1 exprnse of ' tse] !' nl , ,!•^,
�"i 11
reqL'retd, renew nn!d ,1n'rit i,'rC, '':;i
n- '11 !nr!'..c. prornt1;' f'nlinw'r:, turnip', "r•,,.
vet. 46rt i
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LA 430
time to time of Pacific's statement therefor, one-half of all
^oats and expensen incurred thereby as reflected on the books of
r'aclfir:; provided, however, that if said Joint Line shall be
'i+tn.ar,ed or destroyed (a) because of the sole negligence of one of
t!e parties hereto, or (h) solely because of substances deposited
!Ito laid joint Line by one or the parties hereto, such party
✓ al.i tear all such maintenance, repair and/or renewal costs and
expenses. r'acif1r: shall not be liable to Monsanto for, and
i'or,nantn perch:f releases and discharges Pacific from, any loaf),
da:r.ar'e, cost or expense suffered or incurred by Monsanto arising
o t or r.1.r, :.a,ntcnanee, repair or renewal of said ,Joint Line by
7.'n''1c, or the failure or refusal of Pacific to re:)air, maintain
or renew nail .'pint L!ne. Jn the event Pacific shall fail or re-
:;e to ;ar.c en, necessary repairs, maintenance or renewals of
' ;' ue, :•lonsar.tmay do so on behalf and at the •'oint and
eq a1 cr.enr,c of itself and Pacific, and Pacific shall pay to
"n'.r:n: r.:,, prru: .1.,' fnllowtnp, receipt of Monsanto'n statement
rc"or, nne-al'' n" all costs and expenses incurred thereby.
r•_r•nc9a s to.Joint Line, From time to time el ther
;nr' n , at 'ta own 'lost and expense, connect any other sewer
nri .• 'onstrPcied i , it nnder and aloe:, property west of
;, '„ ' rc: n i pre' Harter called Yewer Line P;xtensior,,' with
rn, fried, I.r>wever, s•:cl, Harty shall, prior to
n _ •'.'.nr., o,•ta'r approval therefor of the oter
•'o'. _ ' :;`.nil r.o': I e ':nreasernt;ly wl tP'.eld) and
accordance with no'. rl enr' Beer! nr
Lc! :'ewer r.' he t x tens I .)n
• a •ai n 1 n r,n;rl nr r :n11 of
!oh arc not nnrl. of ...he 1r::dn
Connertior. prr•: :'rnr.
cr r+c:.r,....gr
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voi 482(J 'AGE 431
authority having jurisdiction. Such Sower Line Extension shall
be owned, used and maintained solely by and at the cost and ex-
pense of the party constructing the same; provided, however, that
upon the payment by the other party to the constructing party of
one-half of the coot and expense of oonatructing and connecting
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 shall be furnished in advance by the
constructing party to the other party upon request), such Sewer
Line Extension shall automatically be deemed to he owned jointly
and equally by the parties hereto and thereafter all rights,
easements and obligations of the parties ..nder this Agreement
with respect to the Joint Line, including provisions relating to
Jse,
Easement to Monsanto. Subject to the terms, cove-
; nants, reserva+;ions and conditions of this Agreement, and to the
extent that s.ich rrant shall not At any time interfere with the
:a'lntenance, repair, .,ne, operation or renewal of said Joint Line,
Par.ific rrnnLs to Monsanto, but without any warranty express or
1'nnll^I, n nonexclunive easement, in common with Pacific, to con-
ne:nt, "'Ainr.ain, operate, use, repair and renew said Joint Line
an] ar irderrreurrd newer or scwera, toitother with all necessary
1xt,r�:r, equinrnent and appurtenances, In, under And through said
operation, cor.':eotiona, 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
narapraph 1 of this Agreement shall be amended to include an
iI additional strip of land, twelve feet (12') In width, lying six
feet (6') on each side of the center line of such Sewer Line
Extension,
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Premises. Said easement is granted subject to any and all exist-
ing restrictions, liens or encumbrances, or existing rights or
interests of any third persons 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,
reserves and ex.:!epts from this easement, the right to use, occupy,
possess and enjoy any of said 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 said Premises
except as specifically herein granted to Monsanto. Monsanto
shall, promptly following the completion of any wor'< in connection
with said sewers, restore the surface of said Premises affected
therel-y to substantially its former condition and leave the same
in a neat and orderly manner. Except with respect to the main-
tenance, operation, use, repair, or renewal of the Joint Line,
Monsanto shall indemnify and hold harmless Pacific fron, and against
any and all liability, claims, suite, Judgments, damages, losses,
jicosts and expenses caused by or connected with Monsanto's exercise
or purported exercise of the easement granted hereby, or of any
°rot, omlc.,lon or ne.,le^.t of Monsanto, Its employes, agents cr con-
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�. Tractor;, in maintaining, operating, using, repairing, renewing
1,or! removirry said sewer or sewers (except the Joint Line) or any
1;t,art thei•nol', unless caused by the sole negligence of PaclCic,
i' its employes, ar<enta or contractors.
e. Relocation. If, in the opinion of Pacific, said
I Joint ilea or any ;ewers of Monsanto constructed under this
\rrercrent 3n•r I 1 ,rt any time interfere with the development of
r caol;'lc':, ;:r•uourty or plant, Pacific shall have the right, at•,
1 )w!! com. cn.l nxpenae, to relocate, alter or adjust said Line
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or sewers or any part thereof on said Premises, or onto other
lands owned or provided by Pacific as shall be a reasonable and
adequate location for such of said Joint Line or sewers of Mon-
santo to be relocated.
10. Termination of Prior Agreement. Thie Agreement
replaces and cuhatitutes for the aforesaid agreement of May 13,
19t', and all rights. privileges and easements conveyed by said
agreement are hereby terminated.
! 11. Assignment - Term - Waiver. This Agreement and
all the terms and provisions hereof shall inure to the benefit
of and be binding upon each of the parties hereto and their
respective aucceasore and assigns; provided, however, no right of
either party shall bL tranefel-red or assigned, either 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 euch party or to such party's successor, on condition
that such subsidiary, affiliated, joint venture company or suc-
cessor assumes and agrees to be bound by all of the duties,
lialilities and obligations of the acsigning 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.
Thls Agreement ahnll continue in effect until the use of said
Premises for said Joint. Line shall be ahnndoned by both parties.
hither party Hereto may waive any default under this Agreement
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at any time of the other party without affecting, or
Imi,nirinr, any right arising from, any subsequent default,
IN WITNESS WHEREOF, the parties hereto have executed
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4, ,.-,,,Agreement as of the day and year first hereinabove written.
(14
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of z , 196r, bc."nrc mc,
!lotnry Pub? i.^ in and f,)r the State of 'd! s;.ruri ,
l ,nri ;•.tr% rn, I„o rrc,n;! I l,v nprrn rc'd �/, ���",.. G•y
t• /ll t„ m!, known to he the Vi..,•
Prc.^,inrnt end
•n1 ro-y, rr,nrcgti voly, o." MCNSAUTO CrMPAN'I, th„
„nt.nri tho innt.nimrnt , 7,nc1 n•-,.!rdr,c cl
•.,. „t t.•, bP t.?r, 'r rind . • 1 unt.^. t i !
r'! :' nnr flnnr
' r thr ..;r-r and ;•urr,s07therein ^tcnti' ned,
i1 isI. .. r,• r•li t,h r!rod t, PX,,,•Ut.r• the 'r!
MONSANTO COMPANY
PACIFIC CAR AND FOUNDRY CO PA7+Y
C. �1Q(•µn �v`
124
en
E,pues September 5, 1961
tr. •!h.owc .rr:!trn.
,,... c: ,1,��..
Ntot.nr', Pub: re .n r cf r
(ante' —C h.Inr,ur!
TA), •. ,
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Ream bt nr PIONCE N N
RORCRC A.
,1Tr,TE O° ,d1;7,!IINGTON35.
^OtJj1TY nr YING ))
On this �4f day of
`AI r
a"
4&.O frt 43`)
, 1Q66, before me,
the unr'.ers1rned, a Notary Public in andJfor the State of Washing-
ton, dnl'l comr1rlsloned and sworn, personally appeared ft0
and t AC„,,, L4c_c,nu.(4, to re known to be the
ti•1.11„anrj4. ,fr, 1 lker,�{respectl.vely, of
P^T^T" %.ND rO'rNT)9Y COMPANY, the corpora tion that executed
"orero'n instri:ment, and acL;nowledred the said 1nstrnr.ert to
`e the free arid voluntary act and deed or said corporatior, for
ni'rl 1,1o;e,n therein rnent'nne0, end on oath nt.ated that
are a t nr'zcd to execute t.!;e nn.' '. tr;men' atci that t!-:,:
..�,.,1 r,"f''•rr. tho corporate opal ni' ;ntd corlorn:.
:Ienr r ' !aryl and n'Ple'n1 real. '.creto ar•''zer1 te
n'H ''Cn'. ., r.er'.,'.i'•at# shove wr' r,ter:.
Or
i t 6 M.
rt.rtltt iNS. CO.
ORRIS, County *u0•ter
tote
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