HomeMy WebLinkAbout1946 - Easement - Pacific Coast Railroad / King County / State of Washington - 3592972vote 41_7
3592972
E A S E M E N T
The PACIFIC COAST R. R. CO., a Washington corporation,
hereinafter referred to as the "Railroad Company," does hereby,
in consideration of One Dollar to it in hand paid, the receipt
whereof is hereby acknowledged, and of the agreements herein con-
tained, GRANT to the STATE OF WASHINGTON, hereinafter called the
"State," permission, save as herein limited, to construct an
Overhead Access Road Viaduct over a strip of land and to maintain
and use said Viaduct for highway purposes to carry traffic from
East Marginal Way to Empire Way for the Boeing Airplane Company
near the south city limits of the City of Seattle, in the location
indicated on the attached plat prepared in the office of the As-
sistant Chief Engineer of the Northern Pacific Railway Company,
dated April 7th, 1944 and identified as Exhibit "A ",to -wit:
A strip of land one hundred twenty (120) feet
in width, or sixty (60) feet wide as a per-
manent easement on each side of the center
line of said Access Road over and across that
portion of its railroad right of way in the
North half of Southwest quarter (N2 of SW$)
of Section three (3), Township twenty -three
(23) North of Range four (4) East of the
Willamette Meridian, shown outlined in RED
on said plat attached hereto and made a part
hereof, identified as Rvhibit "A." ____
The rights hereby granted are subject, however, to any
and all existing rights of the Railroad Company and to any permits
and leases that may heretofore have been granted by said Railroad
Company across or along said above described premises. Said
Viaduct shall be constructed in such a manner and of sufficient
height above Railroad Company's existing tracks so that the use
of said tracks for railroad purposes will not be interfered with
and the maintenance of overhead electric power lines for use by
Railroad Company or any lessee of its, will not be prevented.
The State, at its sole cost and expense, shall provide
and maintain connections with any existing culverts or such addi-
tional culverts as the Railroad Company may elect to construct so
as to divert the drainage through the highway grade on the ease-
ment strip. If at any time in the future, due to the construction
or improvement of said highway, drainage conditions should require
a change in the existing culverts, or the placing of any new cul-
verts through the roadbed of the Railroad Company, the State shall
bear the entire expense of construction of same and shall provide
such additional culverts as may be necessary to keep the Railroad
Company's right of way free from accumulation of water.
The State shall indemnify and save harmless the Rail-
road Company from any and all claims for flood damage due to the
construction of said highway across the Railroad Company's right
of way,. ",
The State also agrees that,' in reoving .snow from said
highway and from said overhead.Viaduct, it will perform . the work
in such a manner -as zlot to deposit . `the snow on the roadbed and'
tracks of the Railroad Company.
In the event the construction'and maintenance of said
highway shall interfere with or damage the poles and wires of
the Railroad Company or the Western Union Telegraph Company or
other telegraph or telephone company doing business with the
consent of said Railroad Company, the Railroad Company thereto said poles shall pay wires or all costeofisuch work upon presentation
and the State shall pay
of bills therefor.
The State agrees to indemnify and save harmless the
Railroad Company and any other Railway Company that may be using
is tracks with its consent, from any and all. loss cost, damage
or expense arising in any manner out rofrthe perform nce ofranys
of the work herein provided to be p dtmtee or
contractor, regardless of whether such loss, cost,
expense arises out of damage to or destruction of the property
of the Railroad Company or of any person, firm or corporation
whatsoever, or out of the claims for personal injuries or death.
In case said Viaduct shall at any time finally cease
to be used for highway purposes, or by operation of law or other-
wise becomes vacated or abandoned, this easement and all rights
hereunder granted shall immediatelylcease
evaand atermi terminate if
Railroad Company ,
State's expense.
DATED this 4 day of
Accepted:.
STATE OF WASHINGTON,
Department. of Highways,
By
PACIFIC COAST R. R. CO.
1946.
Director o Highways
(2).
wni25n6 PAGE419
STATE OF WASHINGTON ) SS
COUNTY OF KING )
On this p ,day of 1946, before
me personally appeared TENS and %• A 1 VS
to me known to be the President and Secretary,
respectively, of PACIFIC COAST R. R. CO., the corporation that exe-
cuted the within and foregoing instrument and acknowledged said in-
strument to be the free and voluntary act and deed of said corpora-
tion for the uses and purposes therein mentioned, and on oath
stated that they were 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 af-
fixed my official seal the day and year in this Certificate first
above written.
ileO tdr R eooro
Request of/
ROBERT
3� iv, % /01:,
, M.
MORRIS. c linty Auditor
Notary public in and for the State
of Washington, residing at ageglAWA
3-
EASEMENT
3 9 9 : ..
t-T� lacific Coast
FILED for ile-circa at Request et
pJ4'
access Roads
Sec.2. - Sect itle To 1en-I'on
Boeing
Arcrf