HomeMy WebLinkAboutCAG1970-0509 - Original - UPRR - 259th Bridge Pipe Line Crossing - 04/16/1970 *716609* IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
REMS HeNet Cover Sheet
AUDIT NUMBER L1115
FOLDER NUMBER 0082968
CITY KENT
STATE WA
PARTY NAME CITY OF KENT
PRIMARY PURPOSE Encroachment - Pipeline
EFF. DATE 4/16/1970
MP START 166.05
MP END
PRIMARY CIRC7 OX938
DESCRIPTION Pipeline Crossing Agreement
BOX NUMBER 0
BATCH 00
1/27/70 Cont. 10,605-1
30098
PIPE LINE AGREEMENT
THIS AGREEMENT, made and entered into this It day of
21C 1970, by and between the CHICAGO, MILWAUEE,
ST. PAUL AND PACIFIC RAILROAD COMPANY, a Wisconsin corporation,
and OREGON-WASHINGTON RAILROAD Fc NAVIGATION COMPANY, an Oregon
corporation, and its Lessee, UNION PACIFIC RAILROAD COMPANY, a
Utah corporation, hereinafter collectively referred to as the
"Railroad", and the CITY OF KENT, a municipal corporation of the
State of Washington, hereinafter called the "City",
W. ITNES S E T H
WHEREAS, the Chicago, Milwaukee, St. Paul and Pacific
Railroad Company (Milwaukee Road) has constructed a water pipe
line to serve the Railroad' s automobile unloading complex at
Kent, Washington pursuant to plans and specifications approved by
the City, which water pipe line is or shall be dedicated to and
accepted by the City in accordance with agreement between the_
said Milwaukee Road and the City dated the 4 day o£
1970; and,
WHEREAS, a portion of said water pipe line is located
upon and along the Railroad' s operating right of way and railroad
bridge spanning the Green River, both within and without the
limits of the City;
NOW, THEREFORE, it is mutually agreed as follows:
1. The Railroad, for and in consideration of the cove-
nants and agreements hereinafter mentioned to be made, kept and
performed by the City, does hereby grant to the City the right
to maintain, operate and use upon, along and under the Railroad' s
100-foot railroad right of way and under, upon and along its said
bridge, a certain 12-inch diameter cast iron or ductile iron wate
main supply line in the location and as constructed, pursuant to
1.
said plans and specifications approved by the City, the location
of said water pipe line being more particularly set forth on
sheet attached hereto, marked "Exhibit V.
2. The City, after acceptance of said water pipe line
as constructed, shall thereafter operate the same and, at the
sole cost and expense of the City and without further cost or
expense to the Railroad, shall maintain, repair and renew said
pipe line. All work in connection with the' maintenance, repair !�
and renewal of said pipe line shall be done by the City under thel
supervision and to the satisfaction of the superintendent of the
Railroad, to the extent such work may in any manner affect the
Railroad' s bridge, track and other facilities or its railroad
operations in the vicinity thereof, and no work shall be done by
the City upon said railroad right of way or bridge without first
notifying said superintendent of the City' s desire to do such
work, provided the Railroad reserves the right to perform any wor:
which it deems necessary to support or protect any of its tracks,
roadbed or bridge. For any such work done by the Railroad, the
City agrees to repay the Railroad' s cost, promptly upon rendition
of bills therefor. "Cost" as used herein shall mean all assign-
able costs, plus 10% on all labor items to cover elements of ex-
pense not capable of exact ascertainment, and shall include
charges for transportation of men and material at tariff rates
and store expense on material.
3. The said water pipe line and all parts thereof locatl
ed upon the Railroad' s right of way and bridge, after acceptance
thereof by the City, shall be at all times maintained, repaired,
renewed and operated in such manner as to cause no interference
whatsoever with the constant, continuous and uninterrupted use-
of the railroad tracks, bridge and other railroad facilities or
2.
to the operation, maintenance, repair and renewal thereof by the
Railroad. Nothing shall be done by the City, its officers, agents
or contractors at any time that will in any manner interfere with
or' impair the usefulness of any tracks, bridge, roadbed or rail-
road facilities now or hereafter maintained upon the Railroad's
right of way or bridge or which in any way may interfere with,
obstruct or endanger railroad operations. If at any time the
Railroad is of the opinion thatthe condition of said pipe is such
as to interfere or imminently interfere with railroad operations,
It shall forthwith notify the City and the City shall forthwith
make such repairs as are necessary to abate or eliminate such
interference and upon the City' s failure so to do, the Railroad
may make emergency repairs and the City shall repay the Railroad
the cost thereof.
4. Where boring and jacking operations are required on
the right of way of the Railroad, the headings from which the
boring and jacking operations are performed shall be located not
less than 1.25 times the depth in feet from the base of the rail
to the bottom of the trench, plus 6.5 feet, from the center line .
of an operated track, measured at right angles to the center line
of the track.
- 5• The Railroad shall have the right at any time to
raise or lower its grade and to make changes in its existing track
or tracks, roadbed, bridges and other structures and facilities
on its right of way made necessary to accomplish lawful railroad
purposes or when required by governmental order, and the City
agrees that it shall, at the Railroad' s cost and expense, alter or
relocate said.water pipe to conform to such changes to the extent
such changes do not deprive the City of the right to maintain and
use said pipe line upon and along the Railroad' s right of way and
3-
bridge. All of the terms and conditions of this agreement shall
apply to such altered or relocated- pipe line. Any such alteration
or change required by the Railroad shall be only after giving the
City not less than thirty (30) days' advance notice thereof.
6. The right hereby granted is subject to the superior
title of the Railroad to its said property and to all other out-
standing and superior rights, if any, and the City shall not by
reason of the right hereby granted acquire or assert any title or
claim of title to. any of said property adverse to the title of the
Railroad or its successors, and upon any abandonment of the use
hereby authorized or upon any termination of the right hereby
granted, such title shall remain in the Railroad, its successors
and assigns, free and clear of all rights or claims of the City.
7. As a material consideration to the Railroad for
entering into this agreement, and without which the Railroad would
not enter into same, the City agrees to, and hereby does, release,
indemnify and save harmless the Railroad, its officers, agents and
employes, from and against any and all liability, loss, cost,
damage, expense, actions and claims for personal injuries, includ-
ing death, regardless of cause, suffered by any person whomsoever
while upon the Railroad' s premises in connection with the mainten-
ance, repair, renewal or removal of said pipe, or for personal
injuries, including death, suffered by any persop whomsoever or
for or arising out of damage to or destruction of property of any
party whomsoever, including the parties hereto, in any manner aris
ing out of or caused or contributed to by the construction, main-
tenance, condition, operation, repair, renewal, use or removal of
said pipe.
8. The grant herein contained shall continue to be in
effect so long as the said pipe shall remain in place and in use
by the City. Should the City at any time cease to use the said
r
pipe, the Railroad may immediately upon cessation consider this
grant cancelled and the said City ' shall remove said pipe from the
premises of the Railroad under the direction and supervision of
the Chief Engineer of the Railroad, and that in case of failure
on the part of said City to remove same, it shall be understood
that the pipe is abandoned and said Railroad may remove the same
from its premises at the expense of said City, or may disconnect
.said pipe at the points where it enters and leaves the said pre-
mises.
9. The terms and conditions of this agreement shall be
binding upon and the benefits thereof shall accrue to the succes-
sors and assigns of the respective parties hereto, but the City
shall not assign the same or any rights thereunder without the
written consent of the Railroad having been first obtained. In
the event the Railroad shall permit any other railroad company or
companies to use its said right of way facilities or premises,
. such other user or users shall have the benefit of the provisions
of indemnity and release from liability inuring to the Railroad
hereunder, with the same effect as if such other user or users
were parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement the day and year first above written.
CHICAGO, MILW9U1'ME, ST. PAUL
AND PACIFIC RAILROAD COMPANY
Attest:
By
_ c President
Assistant Seti '_9tary
OREGON-WASHINGTON RAILROAD &
NAVIGATION COMPANY
UNION PACIFIC RAILROAD COMPANY
Attest:
yl By J.G.KENEFICK
A. 0. MERCER ` Vice President
Assistant Secretary CITY OF KENNT ._,,
Attest:
l c Mayor
Y Clerk
. 5•
""�" ."- For Gcncral Solicitor
APPROVED
OTIS E. SKiNNr*
Iro
DiREGTOR,-�LANEY"&
INDUSTRIAL DEVELOPMErl-C
APPROVED
ORICINAL SIGNED
I-L BOTTOM!' -
CHIEF CLERK
W �
APPROVED :
H. R. WILLIAMS
General Manager Property
Approved:
(Egd.) J.C.KEN FICK
Executive Vice President
EXHIBIT "X"
A strip of land lying on each side , as noted , of the following
described line :
Commencing at the intersection of the northerly margin of
South• 262nd Street and a line parallel with and 165 feet westerl
of, measured at right angles to, the centerline of the existing
track of the Chicago, Milwaukee , St. Paul and Pacific Railroad ;
said track centerline lying 7 feet east of and parallel with the
centerline of a 100 foot Railroad right-of-way; thence North 4°'
41101" West along said parallel line 283 feet thence North 85°
18159" East perpendicular to said railroad track centerline 108
feet to a point, on the westerly margin of said Railroad right-
of-way and the Point of Beginning of the herein described line ;
said strip being 10 feet wide ; lying 5 feet on each side of the
line continuing North 85°18 ' 59" East a distance of 17 feet;
thence said strip being 10 feet wide , lying 5 feet on each side
of the line running North 4°41 ' O1" West parallel with said Rail-
road centerline a distance of 191 feet ; thence said strip lying
5 feet on each side of the line running North 85°18 ' 59" East
perpendicular to said Railroad centerline a distance of 20 feet ;
thence said strip being 10 feet wide lying 5 feet on each side
of the line running North 4041 , 01" West parallel with said Rail-
road centerline a distance of 94 feet ; thence said strip being
20 feet wide lying 5 feet southerly and 15 feet northerly of the
line running North 85018159" East perpendicular to said Railroad
centerline a distance of 11. 32 feet ; thence said strip being 20
feet wide lying 5 feet easterly and 15 feet westerly of the line
running North 4041 , 011, West parallel with said Railroad center-
line a distance of 166 feet ; thence said strip being 20 feet
wide lying 5 feet northerly and 15 feet southerly of the line
running South 85°18 ' 59." West perpendicular to said Railroad
centerline a distance of 11. 32 feet ; thence said strip being 10
feet wide lying 5 feet on each side of the line running North
40411011! West parallel with said Railroad centerline a distance
of 240 feet more or less to a point on the southerly margin of
South 259th Street as now established , said point lying 20 feet
westerly from the centerline of the Chicago, Milwaukee , St.
Paul and Pacific Railroad existing track; said point also being
the end point of this description .
1 -
I , Marie Jensen, City Clerk of the City of Bent , Washington ,
certify that the attached is a true and correct copy of
passed by the City Council on the '16
o:
IN WITNESS :i:EREOF, I have hereto fixed my hand and nffixod
thn Seal of the said City this / day of �i� i.,, , lg i
�Mar�ieJense , ity Cle k
ri
t
q�-vet ° P. 5. P V.G.WATER LINE /.,'. < I03*e4t NEW U.c4. to"cl, r
ENCROACH M41.1T LEAV£5 `ly/Y '
� WATER LINE 'RIGHT OF'WAy � r
• I
L - .♦ Ln
— a
W SEATTLE
\ ;. I0
3t84* ECiSTING U.G. 12"
C.1" sLtKI 0R0S51f4re '
•. Z � S.o'MIN.CadER
x
EXHIBIT "A"
OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY
UNION PACIFIC RAILROAD OOMPANY (LESSEE)
M.P. 165.96 to M.P. 166.09 Portland-Seattle
Mainline at Kent, Washington
SCALE: 1" - 100'
OFFICE OF DISTRICT REAL ESTATE DIRECTOR
Portland, Oregon March 10, 1981
Th acconapny agreement with the City of Kent,
covering underground water line crossing and
encroac)mlent.
* LEGEND *
r Existing U.G. 12" C.I. water line shown. . .GREEN
New U.G. 10" C.I. water line shown. . .VELUM
UPRROo. right of way outlined.. . . . . . . . . . . . . .RED
Section 25, T22N, R4E, W.M. , King County
+► RESOLUTION NO.
WHEREAS, the City of Kent has previously entered into
pipeline agreements with the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company, and
WHEREAS, said agreements have been properly executed
by the City and by the Railroad, and
WFREAS, the Railroad has prepared and executed an
Easement and a Bill of Sale in favor of the City of Kent covering
the right of way for said pipeline and said pipeline itself, and
WHEREAS, said Bill of Sale and said Easement have been
reviewed and found to be in order,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DO by Resolution adopted this 16th day of November,
1970 , at the regular City Council meeting, accept said Easement
and Bill of Sale.
ISABEL HOGAN, MAYOR
ATTEST:
MARIE JENSEN, City Clerk
APPROVED AS TO FORMi
DONALD E. MIRK, City Attorney
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS: That the CHICAGO, MIL-
WAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a Wisconsin cor-
poration, the OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY, an
Oregon corporation, and its Lessee, UNION PACIFIC RAILROAD COM-
PANY, a Utah corporation, hereinafter referred to as the "Railroad
Companies", do hereby transfer, assign, set over and dedicate to
the CITY OF KENT, a municipal corporation of the State of Washing-
ton, hereinafter referred to as the "City", all of the Railroad
Companies' right, title and interest in and to that certain water
pipe line, and all of its parts, as constructed in place upon,
under and along South 259th Street in King County, Washington,
from a connection with the City' s existing water main and the
intersection of said 259th Street and 78th Avenue South to the
Railroad Companies ' existing 100-foot right of way, thence south-
erly upon, under and along said railroad right of way and Green
.River railroad bridge, thence upon, under and across the 100-foot
right of way of Puget Sound Power & Light Company, thence south-
erly of and parallel to said Power & Light Company right of way to
South 262nd Street in the City of Kent, thence westerly upon,
under and along said South 262nd Street to 72nd Avenue South,
1
thence southerly for a distance of approximately 41298 feet upon,
under and along said 72nd Avenue South, thence southerly for a
distance of approximately 4,298 feet upon, under and along said
72nd Avenue South to its end.
Said water pipe line shall be used as a public facility
for the purpose of supplying water to users tapping the same or
any extensions thereof or laterals connected therewith, and the
Railroad Companies do hereby certify said water pipe line as con-
structed to be free and clear of all liens and encumbrances aris-
ing from its construction.
1.
IN WITNESS WHEREOF, the said Railroad Companies have
hereunto caused this instrument to be executed by their officers
thereunto duly authorized this 16 . day of April 1970 .
CHICAGO, MILWAUKEE, ST. PAUL
AND PACIFIC RAILROAD COMPANY
Atte-t'-
By
�&& President
Assistant Se etary
OREGOW-WASHINGTON RAILROAD &
NAVIGATION COMPANY
UNION PACIFIC RAILROAD COMPANY
Attest:
(SEALS)
By /s/ J. C. Kenefick
/s/ A. O. Mercer Vice k3cxitakxxk President
Assistant Secretary
proved:
/s/ W. C. Krowartz - for General Manager
/s/ Otis E. Skinner - Asst. Director - Land & Industrial Develop.
/s/ P. H. Bottorf - Chief Clerk
Approved as to form and execution:
/s/ L. J. Bergmann - for General Solicitor
1
2.
1
STATE OF ILLINOIS )
) ss.
County of Cook )
On this 16th day of April 1970, before me
personally appeared _C. E. CRIPPEN and G.E. POTTLRM ,
to -me known to be the President and Asst. Secretary ,
respectively, of the Chicago, i�LilwaukeeI St. Paul and Pacific Rail-
road Company, one of the corporations that executed the within and
foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of the corporation, 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 the corporation. .
IN WITNESS WHEREOF, I have hereunto set my hand and af-
fixed my official. seal the day and year first above written.
7 tary Public in �. or t ate
f Illinois, rest i g at C i go.
y commission a es Nov. W, 1971 .
STATE OF NEBRASY,A )
) ss.
County of Douglas )
On this 28 day of August , 1970, before me
personally appeared J. C. Kenefick , to me '_mown to be tame
vice President of Oregon-Washington Railroad & Navigation Company
and Union Pacific Railroad Company, two of the corporations that
executed the within and foregoing instrument, and acknowledged sai
instrument to be the free and voluntary act and deed of said cor-
porations, for the uses and purposes therein mentioned, and on
aath stated that he was authorized to execute said instrument and
that the seals affixed are the corporate seals of said corpora-
tions.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
fixed my official seal the day and year first above written.
/s/ P. E. Fischer
Notary Public for Douglas County,
Nebraska, residing at Omaha.
(Seal) Ply commission expires Dec. 11, 1953
3•
i .
I , Maria Jansen , City Clark of the City of Kent, Washington ,
do—hereby certify that - the attached is a true and correct cop of
passed by the City Council on the
day of c C" 19 r
IS WITNESS 001HERcOF, I have hereto fixed my hand and affixed
tho 5a41 of tho said City this --- /e?day of /, _..X,.� t, 19 .26 , '
Win., OQ � .
Marie Jense , ityMarie Jense ity Cle k
_ I
RESOLUTION NO. %J
WHEREAS, the City of Kent has previously entered into
pipeline agreements with the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company, and
MHEREAS, said agreements have been properly executed_
by the City and by the Railroad, and
WHEREAS, the Railroad has prepared and executed an
Easement and a Bill of Sale in favor of the City of Kent covering
the right of way for said pipeline and said pipeline itself, and
WHEREAS, said Bill of Sale and said Easement have been
reviewed and found to be in order,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DO by Resolution adopted this 16th day of November,
1970, at the regular City Council meeting, accept said Easement
and Bill of Sale.
ISABEL HOGAN, MAYOR
ATTEST;
11ARIE JENSEN, city Clerk
APPROD AS TO FORM:
DONALD E. MIRK, City Attorney