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HomeMy WebLinkAbout1962 - Sewer Easement - Pacific American Commercial Company - 54691695469169 The Pacific American Com�ercti� Cnpy; ,a Washington Corporation hereivafter called Grantor), for �tooff, lts successors thd assigno, and in consideration of the hereinafter t"msd terms of agreement, d000 Ly thece presents ,convey and warrop t u4to_. ,the MuLtcip8lit Ao of i�gtg- t-.olitan Seattle •,(heroi "ft. w- call d t r ranS its a$$ eab i#s IcT tho uaea crmd_ purpopes cot =,f I Stote of Washington, O -tAts A: A perpeuml egspnxtpt for, g'' R#' ins t41,1L ;C 't :tom, t c er to sf a r ILMO c c�ct: s, mo!M es arid appurtenances 4,`' td h- m tti ief Migzwa "and egre8a ,to, rom and across 0 obi i:2 .4t o t rr oiSng purpooes, over, across, along, in n' '�itider` following described property: A portion of Government Lot S in rSacti Z4 Gommwnt .fit 2. in .Section ,23, both in TOMWhi 23 Ith;° t lt f safd E rtion b,ng. of "3t `i� feot I N 3a►itL3 w .,h a oining the, soft eitIr t `�.ine of (ic1= tTroay,, .the east lfne o ,rhknk:atr4 is 4xI=*,Ict. uxarlyA*acribed. as f IegtritA* at point 140 feet southerl along daid right of- e�ay, from the intersect on' thorc o w&th %the <.n 20 TLne Qf 444 Septioa. ,?.,3., _hence aQutheaate ],y �a tatcid a%mad -tea 524: a of a to: t� P t L .0ct of t ad xl t .joint property 1 ne of the C ft. pe '•i The. and 0. W. R. N. nnLeo. B. A temporary ease=nt for the purpose of-constructing, in the nbovd cr}S. p��p etauol. easement,, cold newer 1#�� with all aonoctione, mnntoles and 6ppurtcNime'es over, on and aloonngg tho following described property: ship ,p., lewd U. .e¢ c�idth lY pastes l le l t c d t y L# i Mortharn Pacific Railroad right of-�ay ttW northobeterly line of tech otri is more particularly den er b o paint 120 feet southerly along sgid.- right -of -way line fra i tho intoroection thereof with the north line'--of Section-23; -rhea stiecotl'� =�1 said right -of -way 600 feet more or less to the $nt of intersect ca thereof with the property line of the C. M. St. W. R. N. Companieo. EXCEPT therefrom the portion deocribed in toe above perpetua easement. =r b oe ensue ore, gsaigt "tb, the folloilL ig and Q r r e 14., .i i. f .4_.. .v__.,.�..M_ M_...... 4, a y shall"`be' mti f erpitwaCi davement--gn --t ie -a cs:f WORD MLARS a tin tt 0 I c, t at a or, Mdo c a p 11 2: t a.l c 4 S38t C O@.. t on end, s',ha 1 .t to; a$xt;,y Jaya, often he iiete o st ©f construction of said se in ewer le p rovided that said starts date will not r-�thra- floe r,. J99,: r and provided further t if the .cc.d t=c.tion: K.ark is not terminated within 60 daye 66m `o "id starting date or wi 60 days from the -said date of November 1 1962 the grantee will pay to the grantor the -sum of ten dollars ($10.60) for each end every day that the 60 days from sold startingdate or 'b0 d$yo f`rct�a Y Noveanb e�C; `l Pad,. ,x L 4. Grantee shall have the right to relocate the existing fencc, provided however, a fence between said temporary easement and the remainder of Grantor's property is maintained at all times during construction. Upon completion of construction of said sewer- line Grantee shall restore the surface of the easements herein granted as nearly as possible to their original condi.ticn, including the replacing of said fence in its original location. Yr 5. By accepting and recording this ihstru^zent, metro, its successors and assigns, agree to indemnify and save harmless the Grantor, its successors and assigns, from and against any and all cost, loss, liability and damage to or destruction of the surface of the above described tracts of land, or any part thereof, or any improvements t existing or hereafter constructed thereon, or to any personal property in or upon said premises, or injury to or death of any occupant of the premises, arising out of or connected with the construction, operation, maintenance, repair and replacement of the said sewer line. 6. All right, title and interest which may be used and enjoyed without interfering with the easement rights herein granted are reserved to the Grantors. The granting of the easements herein described shall in no way restrict Grantor from future construction of roadways or railroad sidings upon said property. 7. The Grantee agrees to pay reasonable attorney fees in the event that it is necessary for the Grantor to employ an attornero: en any of the provisions herein. DATED this day of C) L)/ 1962. STATE OF WASHINGTON) SS. COUNTY OF KING Pacific American Commercial Co.. I nc. j U Attest On this 3 U day of 1962 before me the undersigned, a Notary Public an for the State Washington, culy commissioned an swoso ably an neared to me known to be the 7/ respectively, of the„d7 the corporation that executed the foregoi instrument and �acnowledged the said ins trument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Public in and f�efr t 5 of Washington, residing at 1 Filed for peCOfd Na. 918 NORTHERN PACIFIC RAILWAY COMPANY, hereinafter tailed Railway 'Company, hereby permits MUritICIPALI'Y'Y OF METROPOLITAN SEATTLE, a municipal corporation of the State of Washington hereinafter tailed Permittee, to ccnss:uct, operate, and maintain the following facilities upon its right of way at hack lU ver station, ding C ountys $hate of Washington Undergmund sever pipe lines in the part of Ce E.Brounell Donation Land Claim No. 1 with- in the SEJS� of Section 14, iownsh# 23 t+orth Range 4 cast., 0.m. Goverment Lot 14 of said section and 1 7overment Lot 2 of Section 23 said townsh4 and range., in the locatilow shorn on '.ailwV Ca:ip s map dated August 1.5 19 identified as Rshibit "BO attached hereto and made a part hereof rights of war for the fmmvilitiee being indioated by RED color on Exhibit "D Also temporary rights of vV during construction of the facilities upon thoso portion of the above- centioned subdivisions indicated by YELLOW color on Exhibit MO. This permission is given upon the following terms: 1. Permittee will pay s i t in advance to Railway Company for this permit the sum of one and 1110 dollars, also all taxes and assessments that may be levied or assessed against the facilities. Wit? i 3o.. GF7 .4}Y..i}H..LGJde:OUAAaG�.nGb. i.�. ThT 2. (a) The entire cost shall be borne by Permittee, including but not limited to the cost of construction, reconstruction, repair, operation, maintenance, and removal of said facilities. The Division Superintendent of Railway Company will decide what portion If any, of the work will be done by Railway Company, and for such portion Permittee will pay Railway Company the estimated cost 6e• fore the work is done. If the actual cost exceeds the estimate, Permittee will pay the additional amount when called upon) If the actual cost is less than the estimate, Railway Company will repay the surplus. All work hereunder by Permittee shall be done in a first -class workmanlike manner to the satisfaction of the Division Superintendent of Railway Company and in occordance with plans and specifications which he may prescribe or approve. The Division Superintendent of Railway Company shall have the right at any time whorl in his judgment it becomes necessary or advisable, to require any material used in the work to be replaced with (ik• material or with material of a more permanent character; also to require additional work or change of location o said facilities as a matter of safety, or of appearance, or on account of additional tracks being laid, change of grade thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or improvement of the railroad of Railway Company, all of which shall be done at the expense of Permittee in the manner herein provided. (b) In the event that at any time hereafter any changes, alterations, or relocation of the facilities hereby covered ore to be made or any other work of any kind is to be done in connection with said facilities, whether at the request of Railway Company or for any cause whatever, Railway Company may require the furnishing by Permittee or its contractor of insurance satisfactory to Railway Com- pany to protect it against any loss or damage in any way arising out of or in any way connected with the work. (c) In the event Railway Company deems it necessary to provide either flo men or inspectors, or both, during the period of con- struction, reconstruction, repair, operation, maintenance, and removal of said facilities by either party as provided for in Paragraph 2. (a), Permittee shall bear the expense incurred by Railway Company for such';ugging or inspection service. Railway Company will notify Permittee of the estimated cost of such flogging or inspection service, and Permittee will pay such estimated and actual cost in the some manner as provided for in Paragraph 2. (a). 3. (a) Permittee agrees 'that the facilities shall not at any time damage the railroad or structures of Railway Company, or be a menace to. the safety of its operation, and to indemnify and save harmless Railway Company from all loss and damage to its tracks, roadbed, structures, rolling stock, and other property of Railway Company and property of third persons, and from injuries to or death of persons, including employees o f the parties hereto, occasioned by the exercise of the permission hereby granted. (b) Permittee hereby further agrees to hold harmless and indemnify Railway Company from and against any and all loss or damage to the facilities, the installation o f which is hereby per titted on the premises of Railway Company. 4. It is agreed that the provisions of Paragraph 3 are for the equal protection of any other railroad company or companies hereto- fore or hereafter granted the joint use of Railway Company's property of which the premises upon which said facilities are located are a port. 5. Permittee shall not transfer or assign this permit without tie written consent of Raiiwuy Company. b• This, permit shall endure until terminated by Railway Compony. Railway Company reserves the right to terminate this permit at any time upon the giving of 180 days' notice, either by personal delivery or by mail, or by the posting of notice on the premises. Upon the expiration of the time stated in any such notice, Railway Company may forthwith expel Permittee from its premises; and of the end of the permit Permittee shall restore the premises of Railway Com any to their former state. Fperr 7. This permit is granted subject to permits, leases, and lic if any, heretofore granted by Railway Company affecting the premises upon which said facilities are located. 8. Said'focilities shall be constructed, reconstructed, repaired, and maintained in accordance with the specifications hereto attached, marked Exhibit "A" and made a part hereof. f 9: Tbis permit is subject to exiatiag itterests of third parties in said right of gray. In the event that the eicnrci.ss of thi.; pe it impairs any property, including but not limit to buildings., pipe line vise lines and roads of tUrd parties the Permittee shali bear t cost of restori.ag such property to a condition at least as good as its ccndi.tion at the ti.m IN WITNESS WHEREOF the parties have executed this permit this 20th day of August 1962 NORTHERN PACIFIC RAILWAY COMPANY, F� x` Western han ages. I dust ri ,,3 Development Witnesse o signature of Permittee HLNICIPALITY Cri ROPCLITAN S_P_Tl�i Board of Cam- ,ds Chairman r Secretary rt .,C4