HomeMy WebLinkAboutLAG06-001 - Amendment - Burlington Northern Railroad Company - City Park Lease 1st & Meeker - 02/01/1984 r �
INDE,VINITE TERM LEASE. N0. l8.9 PJ3 R. W. I. 8-05 OM
THE NORTHERN PACIFIC RAILWAY COMPANY, party of the first part,hereinafter called Railway Company,
in consideration of the rents to be paid and covenants to be performed by the Town of Kent, a Municipal
Corporation of the State of Washington,
party of the second part,hereinafter called Lessee,leases to the lessee the following premises,at or near gent
station in the county of King and state of N•ashington 'to-wit:
?hose portions of lots 1 2, 3, and 4 in Block "A" in the
Railway CoWanyve subdivision of lts Slrattle Line right of way at
said station lying westwardly of the loading platform or planted
roadway and incline constructed immediately westwardly of the passing
tract ---
0 HAVE AND TO HOLD subject to the provisions following and until this lease is terminated as her<inafter provided:
1. As annual rental the lessee shall pay the sum of fire dell are fo r each f ♦e, ear Pe riod
"lam,payable - ill gm l.twssar��aweene"!e
2. Rates being as favorable,the lessee will do all transportation business over the railroad of the Railway Company in preference
to any other.
S. No other railroad or transportation company, or person engaged in transportation,shall be allowed to use any track now or
hereafter upon or extending to the premises without permission in writing of the Railway Company.
4. In case of non-payment of rental or taxes the same shall, until paid, constitute a lien upon any building or other property
owned by the lessee located upon the premises, and the lien may be foreclosed according to law.
,0 5. The lessee will paint and keep painted, with the standard color of paint adopted by the Railway Company for its station build.
ings,any building upon the premises.
p6. The lessee will occupy the premises within three months after this date for the purpose of p aldcin
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4.f• wl wring the term continue to use the premises for that purpose and no other. Without the written consent of the Railway
Company,the lessee will not assign the lease or any interest therein,or sublet.
,.,. 7. The Railway Company may terminate this lease at any time upon written notice of not less than thirty days with or
without assigning any reason therefor. Any such notice shall be good if served personally upon the lessee, or posted upon the leased
premises,or if deposited in a United States postoffice addressed to the lessee at the following address,viz:
gg QQ,�(��p�}}�� ��t��rr If the lessee shall fail to remove any material,
-, building or property within the tf�1plelcriSet lanAtkee=off termination, the Railway Company may appropriate such property
fi to its own use without compensation, or may remove the same at the cost of the lessee.
8. It is understood by both parties hereto that the leased premises are in dangerous proximity to the tracks of the Railway Com-
pany,and that persons and property on the leased premises will be in danger of injury or destruction by fire or other causes incident to
E the operation of a railway,and the lessee accepts this;lease subject to such dangers. It is therefore agreed,a one of the material con-
. C siders tions of this lease without which the same would not be granted,that the lessee assumes all risk of personal injury to the lessee
0 and to the officers,servants,employes or customers of the lessee while on said premises,and allrisk of loss,damage ordestruction to build•
ings or contents or to any other property brought upon or in proximity to the leased premises by the lessee,or by any other person with
the consent or knowledge of the lessee,without regard to whether such loss be occasioned by fire or sparks from locomotive engines or
rother causes incident to or arising from the movement of locomotives,trains or cars,misplaced switches or in any respect from the opera-
m •
tion of a railway,or to whether such loss or damage be the",result of negligeneO or misconduct ofgLnf 00**u,''JntW employ or service of
E� the Railway Company, or of defective appliances, engines or machinery. And the lessee shall save and hold harmless the Railway
` Company from all such damage,claims and losses.
u - 9. The lessee may terminate this lease by giving thirty days notice in writing to the Land Commissioner of the Railway Company,
`o at his office in St.Paul,Minnesota
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o$ IN WITNESS WHEREOF the parties have executed these presents this lot day ofMay
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iC WITNESSES:
_ -NORTHERN PACIFI MLWAY COMPANY,
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GO �6 — By
Land Commissioner.
Fa lc; -.; ` TQW
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Lessee.
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MhED BURLINGTON NORTHERN RAILROAD
Roorp 1018
176 East Fifth Street
INDUSTRIAL DEVELOPMENT AND St. Paul,Minnesota 55101
PROPERTY MANAGEMENT DEPARTMENT Telephone (612) 298-2121
February 14, 1984
Mayor Isabel Hogan
City of Kent
220 South 4th
Kent, WA 98032
Dear Mayor Hogan:
RE: Lease 246,224 - parking, fish pond, storage shed and city park -
Kent, Washington
Attached is copy of completed 25-year term lease agreement for your
file.
The requested changes in the wording of the agreement have been approved
by our office. These changes provide that there will be no increase in
rental for the term of the agreement, and the City agrees to pay for all
local improvement district assessments on the property during the term
of the lease.
Sincerely, ���, �
98PelhOuse
Lease Representative
Attach.
dopm0214. 1
II
No. 246,224
TERM LEASE
Re: (NP) 16953, 5-1-06
THIS LEASE made this 1st day of February 1984 between
BURLINGTON NORTHERN
anef RAILROAD COMPANY (formerly BURLINGTON NORTHERN INC. ), a Delaw re corporation, herein-
after called "Lessor," and CITY OF KENT, a municipal corporation )f the State of Washington,
whose post office address is 220 South 4th, Kent, Washington 98032,
hereinafter called "Lessee,"
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WITNESSETH:
In consideration of the covenants hereinafter contained to be kept and perfrmed by Lessee, Lessor hereby
leases to Lessee upon the terms and conditions hereinafter set forth the following described premises situate in the
City of Kent County of King State of Washington
For legal description see Addendum attached hereto and made a part hereof.
This agreement is intended to supersede that certain written agreement of lease
between Northern Pacific Railway Company, predecessor in interestito the herein named
Lessor, and Lessee, covering all or part of the same premises andldated May 1 , 1906; and
upon execution and delivery hereof, said agreement of May 1 , 190611 shall stand cancelled
and annulled without prejudice to any existing liability.
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TO HAVE AND TO HOLD the above described premises unto the Lessee subject to the provisions following
for the term of twenty-five (25) years commencing February 1 , 1984
and ending January 31 , 2009.
1. (a) Lessee shall occupy and continue to use said premises during the ten m for the exclusive purpose of
maintaining and operating thereon a parking lot, fish pond and storage shed; and also for
the purpose of constructing, maintaining and operating thereon a ity park.
(b) If a building or buildings have not already been constructed on said p emises, Lessee shall, within six
(6) months of the effective date of this lease, begin the construction and completevvithin eighteen (18) months of
said date, a building or buildings according to plans and specifications submitted to and approved by Lessor in
advance of construction. In event of destruction thereof in whole or in part Lessee shall within three (3) months
thereafter commence the work of repairing or rebuilding and complete the same ithin twelve (12) months after
the date of said destruction.
2. As annual rental Lessee shall pay annually in advance the sum of Sixty land No/100 Dollars
(at
AheAfirst five (5) years of the term. Lessor shall thereafter determine the rental to be paid during any succeed-
ing five (5) year period and by written notice advise Lessee of such rental determination. Acceptance of any rental
for any portion of any succeeding five (5) year period even though a bill has been rendered and payment made
thereof, shall not constitute a determination by Lessor as to the rate of rental to Lie paid during such succeeding
five (5) year period. Lessee shall have thirty (30) days following such written notice in which to object to the
rental rate as determined by Lessor. Should Lessee not object in writing to such redetermination of the rental
rate, Lessee shall be conclusively deemed to have consented to such redetermined rental rate. If Lessee objects
in writing within thirty (30) days, the parties may negotiate such rental rate in an effort to reach agreement. If
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Form 60073 7-81
either,party deems it impossible to x the rental by mutual agreement following appropriate written objection
by Lessee as provided for herein, such party may cause the rental to be determined in the following manner:
The value of said premises shall be determined by appraisers and the rental shall �e fixed by Lessor based upon
the appraised valuation. The party desiring the appraisal may choose one apprai er after which the other party
shall have twenty (20) days in which to choose an appraiser. Should a second ppraiser not be chosen within
said twenty (20) days, the party naming the first appraiser may choose the second appraiser. The two so chosen
shall select a third appraiser within twenty (20) days, and if they fail to do so, he selection on application of
either party may be made by any Justice of the Supreme Court of the state in which said premises are located. The
decision of any two of such appraisers shall be binding upon the parties, but in no case shall the rental be less
than that agreed upon for the first five (5) years of the term. If the term of this Lase is not a multiple of five (5)
then rental for the final period of less than five (5) years shall be determined in the same manner as hereinabove
ided for the fixing of annual rental during a five (5) year period subsequent to the first five (5) year period.
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TOW 3. (a) Lessee shall pay all aaxaa, license fees,,aad other charges
special assessments for public improvements which may become due or which may be assessed against said
premises, against Lessee, against the business conducted on said premises or aga�nst any and all improvements
placed thereon during or for the period of the actual term hereof.
Lessee shall reimburse
Lessor for any such .taaer, license fees or other charges which may be paid I y Lessor promptly upon the
presentation by Lessor of bills for the amount thereof, and in default of such rei bursement, all sums so paid by
Lessor shall be deemed to be and shall be treated as additional rental and recoverably as such hereunder.
(c) In case of nonpayment of rental, texei, license fees, or other charges, the same shall, until paid,
constitute a lien upon any buildings or other property owned by Lessee located upon said premises, and the lien
may be foreclosed according to law. Lessee shall not remove said buildings or other property until said rental,
taxes, license fees, or other charges have been paid unless directed to do so by Lesso .
4. Without the consent and approval of the Division Superintendent of Lessor, no structure shall be erected
on said premises by Lessee if the same is not to be placed parallel to the main tack of Lessor. Lessee shall paint
and keep painted any frame building located upon said premises with a color satisfactory to Lessor. Lessee shall not
place or permit to be placed any advertising matter upon any part of said premises or upon any improvements
thereon except such as is necessary to advertise Lessee's own business.
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5. Lessor reserves the right at any time to change the grade of its tracks ithout compensation to Lessee,
and in the event such change is made, or the grade of any highway in proximity to said premises is changed, Lessee
shall bear all expense necessary to adapt said premises and improvements thereon t the changed conditions.
6. (a) Lessee shall not place, or permit to be placed, or to remain, any material, structure, pole or other
obstruction within 8-1/2 feet laterally of the center line or within 23 feet vertically from the top of the rail of any
track; provided that if by statute or order of competent public authority greater clearances shall be required than
those provided for in this paragraph 6, then Lessee shall strictly comply with such statute or order. However,
vertical or lateral clearances which are less than those hereinbefore required to b observed but are in compliance
with statutory requirements will not be or be deemed to be a violation of this clause. Lessee agrees to indemnify
Lessor and save it harmless from and against any and all claims, demands, expense, costs and judgments arising or
growing out of loss of or damage to property or injury to or death of persons oc urring directly or indirectly by
reason of any breach of the foregoing or any other covenant contained in this agree ent.
(b) Should either or both the lateral and vertical clearances hereinbe ore required to be observed be
permitted to be reduced by order of competent public authority, Lessee hereby agrees to strictly comply with the
terms of any such order and indemnify and hold harmless Lessor from and against any and all claims, demands,
expenses, costs and judgments arising or growing out of loss of or damage to property or injury to or death of
persons occurring directly or indirectly by reason of or as a result of any such reduced clearance.
(c) Lessor's operations over the track with knowledge of an unauthorizgd reduced clearance shall not be
or be deemed to be a waiver of the foregoing covenants of Lessee contained in this clause or of Lessor's right to
recover for such damages to property or injury to or death of persons that may res It therefrom.
7. Lessee, at Lessee's sole cost and expense, shall install and ^iaintain adequate facilities for fire protection
in all buildings and structures upon said premises. Lessee also, at Lessee's sole colt and expense, shall observe and
comply with all the rules, regulations and orders of any duly constituted aut 'ority and of any board of fire
underwriters having jurisdiction of said premises and all provisions of any fir insurance policy covering said
premises.
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8. Lessee shall not permit the existence of any nuisance on said premises; shall maintain and keep the same
in proper, clean, safe and sanitary condition and free and clear of any explosive, flammable or combustible material
which would increase or tend to increase the risk of fire, except for such material as may be necessary to Lessee's
business; and further, Lessee shall keep, observe and comply with all federal, state and local regulations, ordinances
and laws, and with the regulations of any duly constituted legal authority havirjg jurisdiction of the premises, and
at Lessee's sole cost shall make any and all improvements, alterations, repairs and additions and install all
appliances required on said premises by or under any such regulations, ordinanc s or laws. If,as a result of Lessee's
occupancy of the premises and its operations hereunder, any such regulation, o dinance or law is violated, Lessee
shall protect, save harmless, defend and indemnify Lessor from and against any enalties, fines, costs and expenses,
including legal fees and court costs incurred by Lessor, caused by, resulting fro , or connected with such violation
or violations.
9. Lessee shall comply with all applicable laws and ordinances and all rulk regulations and requirements of
any governmental authority promulgated thereunder controlling environmental standards and conditions on the
premises. If, as a result of Lessee's occupancy of the premises and its operations hereunder, any such law,
ordinance, rule, regulation or requirement is violated, Lessee shall protect, save harmless, defend and indemnify
Lessor from and against any penalties, fines, costs and expenses, including legal fees and court costs incurred by
Lessor, caused by, resulting from or connected with such violation or violations.
10. Lessee, at Lessee's sole cost and expense, shall keep the premises her by demised in good condition and
shall make all repairs and renewals that from time to time may be necessary to eep any improvements which may
be located thereon in good condition and repair and ready and fit for occupancy
11. (a) It is understood by the parties that said premises are in dangerous proximity to the tracks of Lessor
and that property on said premises will be in danger of injury or destruction�by fire incident to the operation,
maintenance or improvement of the railway, and Lessee accepts this lease subject to such dangers. It is therefore
agreed, as one of the material considerations of this lease without which the same would not be granted, that
Lessee assumes all risk of loss, damage or destruction by fire to buildings or contents or to any other property
brought upon or in proximity to said premises by Lessee, or by any other person with the consent or knowledge of
Lessee, without regard to whether such fire be the result of negligence or misconduct of any person in the employ
or service of Lessor or of defective appliances, engines or machinery, except to the premises of Lessor and to rolling
stock belonging to Lessor or to others, and to shipments of third parties in t e course of transportation. Lessee
hereby indemnifies and agrees to protect Lessor from all such loss, damage or destruction to property, including
claims and causes of action asserted against Lessor by any insurer of said propert .
(b) Lessee also agrees to indemnify and hold harmless Lessor for los , damage, injury or death from any
act or omission of Lessee, Lessee's invitees, licensees, employees, or agents, to t e person or property of the parties
hereto and their employees, and to the person or property of any other person r corporation while on or near said
premises; and if any claim or liability, other than from fire, shall arise from t e joint or concurring negligence of
both parties hereto, it shall be borne by them equally.
(c) Notwithstanding the foregoing, nothing herein cont fined is to be construed as
an indemnification against the sole negligence of Lessor, its ifficers, employees or agents.
12. It is agreed that the provisions of paragraphs 6 and 11 are for the equal protection of any other railroad
company or companies, including National Railroad Passenger Corporation (Amtrak), heretofore or hereafter
granted the joint use of Lessor's property, of which said premises are a part.
13. (a) If Lessee shall default in any covenant or agreement herein ass med, and such default shall not be
remedied or corrected within thirty (30) days after written notice by Lessor t Lessee of such default, this lease
shall terminate without further notice. Any waiver by Lessor of any default shall not be construed as a waiver of
any subsequent default. While such default continues Lessee shall not remove from said premises any building or
other property owned by Lessee unless directed to;rZolv- 13y
y Le sor.
Ibl If Lessor shall require said premisesg
urposes at any ime during the term,or shall desire
the same for any purpose whatever at any time aftrs from the dat hereof, it may terminate this lease
upon written notice of not less than six (6) months. In case of such terminatio Lessor shall purchase from Lessee
the building or buildings owned by Lessee located on said premises, but shall of purchase equipment or movable
fixtures or any of the contents thereof which are capable of being removed th refrom without damage to the said
building or buildings. Lessor shall pay a sum equal to the fair market value of s id building or buildings at the time
such notice is given. If the parties fail to agree on the said value, the same shall a determined by three disinterested
appraisers selected in the manner hereinbefore provided, and the value agreed upon by any two of said appraisers
shall be paid by Lessor. In the event of termination of this lease pursuant to notice in accordance with this
paragraph 13 (b), Lessee, before the termination date fixed in said notice, shall remove from said premises Lessee's
property not purchased by Lessor, and in case of failure to do so, Lessor may emove such property at the cost of
Lessee, or may appropriate same to its own use without compensation.
14. (a) Except as otherwise provided in paragraphs 3 (c) and 13 (a) he eof, before said lease expires Lessee
shall, at its own sole cost and expense, remove or cause to be removed all buildings, structures, foundations,
footings, materials, signs or signboards, debris or other articles or facilities ow ed or used by Lessee or placed on,
above or below the surface of the premises by Lessee or by any person, fir or corporation or former Lessee.
Lessee agrees to restore and level the premises to a condition satisfactory to Les or.
(b) It is expressly understood by Lessee that until such time as th premises are surrendered to Lessor
free and clear of all buildings, structures, foundations, footings, materials, s gns or signboards, debris or other
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STATE OF MINNESOTA )
ss:
County of Ramsey )
On this IWI day of 198.� , before me
personally appeared &10 fi� , tp me known to be
and �'r .0 _T2 4
to me known to be Assistant Secretary of Burlington Northern
Railroad Company, the corporation that executed the within and
foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said Burlington Northern
oses Railroad Company, for the uses and purp ther:in mentioned, and
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on oath stated that they were authorized to execµte said instrument
and that the seal affixed is the corporate seal Of said Burlington
Northern Railroad Company.
IN WITNESS WHEREOF, I have hereunto se my hand and affixed
my official seal the day and year last above written.
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articles or facilities not belong. to Lessor and the premises are restored ilto a neat and orderly condition
satisfactory to Lessor, Lessee shall be liable to Lessor for such rental, includin taxes, as Lessor may from time to
time determine. Lessee shall also be liable to Lessor for any and all losses and/or damages which Lessor may sustain
or become liable for resulting from the failure of Lessee to restore the premiss to a neat and orderly condition.
Lessor may at its own sole election appropriate any property or improvements Iremaining on the demised premises
for its own use without compensation to Lessee, or may dispose of any such property or improvements without
any liability whatsoever to Lessee and charge Lessee for all cost and expense incidental to such removal.
15. (a) Without the written consent of Lessor, Lessee shall not assign t is lease or any interest therein, or
sublet, and no heir, executor, administrator, receiver, master, sheriff, trustee i bankruptcy, or other assignee by
operation of law shall assign or sublet without such written consent.
(b) In the event of assignment of this lease, Lessor, having no advice to the contrary, shall at such time
credit all unearned rental hereunder to the assignee. Any other disposition ojf unearned rental will be made by
Lessor only upon the joint written request of both Lessee and Lessee's assignee at the time of submitting said
assignment to Lessor for its consent.
16. Lessee shall pay all charges for the use on said premises of water, h:at, gas, electricity, telephone, and
any other public utility and shall save harmless Lessor, leased premises and the improvements thereon from any and
all liens attaching thereto by reason of nonpayment of any such charges. I
17. Lessee shall not permit any railroad company or any company r person engaged in any type of
transportation, other than Lessor, to use any track which is now or may hereaft r be constructed upon the demised
premises without express permission from Lessor in writing.
18. If, because of any act or omission of Lessee, any mechanic's lien or other lien, charge or order for the
payment of money shall be filed against Lessor or any portion of the demised premises, Lessee shall, at its own cost
and expense, cause the same to be discharged of record within thirty (30) days;after written notice from Lessor to
Lessee of the filing thereof; and Lessee shall indemnify and save harmless 'Lessor against and from all costs,
liabilities, suits, penalties, claims and demands, including legal fees and court cogs, resulting therefrom.
19. All notices hereunder to be given by Lessor to Lessee may be effect ally given by letter from Lessor or
its agent or attorney forwarded by Certified Mail-Return Receipt Requested, postage prepaid, addressed to Lessee
at Lessee's post office address above stated or at such address as Lessee may lateq give Lessor in writing.
20. All notices hereunder to be given by Lessee to Lessor may be effect ally given by letter from Lessee or
Lessee's agent or attorney forwarded by Certified Mail-Return Receipt Requested, postage prepaid, addressed to
Lessor's Industrial Development and Property Management Department at 176 East Fifth Street, St. Paul,
Minnesota 55101.
21. Nothing herein contained shall imply or import a covenant on the part of Lessor for quiet enjoyment.
22. Lessee accepts the leased premises subject to any and all existing permits, licenses, leases, easements,
railroad facilities, pipelines, telephone, telegraph, communication, power an'J signal lines or any other similar
facilities, together with any future installations thereof provided such future installations do not unreasonably
interfere with Lessee's use of the leased premises.
23. The invalidity or unenforceability of any provision of this leases iall not affect or impair any other
provision.
Subject to the foregoing provisions, this lease and all of the covenants and promises thereof shall inure to
the benefit of and be binding upon the parties hereto and their executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties have executed this lease, in duplicate, the day and year first
hereinabove written.
BURLINGTON NORTHERN RAILROAD COMPANY
In presence of:
,fr�I I
fua �1, By Lc� _
Direct- anageme�ontracts
Attest
SST Secretary
In presence of: CITY OF : T /
By
Mayor
Attest ' ��•� '
•ss•• City Cl erk
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ADDENDUM TO BURLINGTON NORTHERN RAILROAD CO PANY
LEASE NO. 246,224 ATTACHED THERETO
AND MADE A PART THEREOF
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All that portion of Lessor's right-of-way and station ground property situated in
that part of the S1 NE1 of Section 24, T 22 N, R 4 E of the Willamette Meridian, City of
Kent, King County, Washington, bounded as follows:
PARCEL I
On the North by a line drawn parallel with and distant 10 feet
Southeasterly measured radially to said Lessor's spur track
centerline serving Olympic Frozen Food as now located and; constructed; on the
South by a line drawn parallel with and distant 10 feet Northwesterly measured
radially to said Lessor's spur track centerlines serving Sunrise
Mills, Inc. as now located and constructed; on the Ea by a line drawn
parallel with and distant 15 feet Westerly measured at right angles to said
Lessor's most Westerly track centerline as now located and
constructed; on the West by the East line of First Avenue.
PARCEL II
On the North by a line drawn parallel with and distant 10 feet
Southeasterly measured radially to said spur track centerline and serving
Sunrise Mills, Inc. ; on the South by the North line of Meeker Street; on the
East by a line drawn parallel with and distant 10 feet Westerly measured at
right angles to said most Westerly track centerline; on the West by the East
line of said 1st Avenue.
PARCEL II
On the North by the South line of said Meeker Street; on the South by the
North line of Gowe Street; on the East by a line drawn parallel with and
distant 10 feet Westerly measured at right angles to said most Westerly track
centerline; on the West by a line drawn parallel with ;and distant 5 feet
Easterly measured at right angles to said East line of 1st i Avenue.
The above-described premises are shown outlined in r d on the print hereto
attached, marked Exhibit "A" dated January 16, 1984, and made a part hereof.
BURLINGTON NORTHERN RAILROAD COMPANY
Y . (/g Z it
Director - Land Management & Contracts
CITY OF KEN'
By
Mayor
ATTT-ESST:
—I City C erk
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