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� � <br /> � <br /> Pipeline <br /> No. z41,021 <br /> THIS AGREEMENT, made this 16th day of ��ne , 1g 82 , between <br /> IIURLINGTON NORTHERN RAILROAD COMPANY (formerly <br /> BURLINGTON NORTHERN INC�, a Delaware corporation,hereinafter called "Railroad,"and CITY OP EVERETT, <br /> a municipal corporation of the State of I9ashington, <br /> whose post office address is public Works Department, 3200 Cedar Street, Everett, � <br /> Washington 98?.01, hereinaftercalled "Permit�ee." <br /> WITNESSETH: <br /> "5 <br /> Railroad, for and in wnsideration o( the fee herein p�ovided to be paid ro ii by Perminee and of the covenants and i <br /> promises hereinafter made to be observ�d and performed by Permittee,does hereby grant to Permittee license and permission <br /> to excavate for, wnstruct, maintain and operate an 8-inch storm sewer pipeline, a 6-inch sewer <br /> pif:eline, ❑nd an 8-inch watcr pipeline, <br /> hcreinafter referred to as Ihe "faciliry,'" upon, alon9 or acrots the right of way of Railroad,underneath the surtace'thereof, <br /> and under the tracks of its railroad, as the case may be, at or near Gverett Station, in ihe County of <br /> Snohomish , State of �aashington , to be located as follows, to�wit <br /> 8-inch storm sewer pipeline crossing at survey station 11 + 62, 6-inch sewer <br /> pineline crossing at survey station 11 + GS and 8-inch water pipeline crossing at <br /> survey station 11 + 75 as shown colored red on the plats hereto attached, marked <br /> Exhibits "A", "B" and "C", dated April 21, 1982, and by Y_his reference thereto <br /> made a part hereof. <br /> ���.. <br /> ' i F1� �it�oli[�thx{,a �aiKl <br /> Permittee in considera[ion of such license and permission herehy covenants and promises as follows: <br /> 1. Permittee will pay in advance to Railroad for this permit the sum of Two Hundred Dollars ($200.00) <br /> _`or the first ten (10) year period and One tlundred Dollars ($100.00) for each <br /> ten (10) years thereafter, <br /> also all wxcti and assessments thal m.y be Icvied or assc�.tied a9ainst said (ar,illly. Railroad retieives the right to r.hanqe the saiJ <br /> charge at any time while this permit remains in e(fect upon thirty (301 dayi writlen nolice. This provivon lo� p,,yinant �.hail <br /> in no iv,iy reslrici Rail�oad'ti righi ul terrnlndtion under P,vugraph 9 hereo(. <br /> 2 Purmiuee, at Permiliee�n sole cnst .ind expentie, shall exr.avale ior, constnic�, rer:onsiruct, meintain and repair ihe <br /> facili[y placing Ihe same in accoidam:e wiih Ihe specilicalions pruvided in ���,i�:;y�=� �'^•��•� ,ij,j,lications daCed <br /> . _ . � ��u:�+�.;,�g, April 7, 1982, heretofore approved <br /> by the Riilroad's Regional Manager Engineerinq. <br /> Permittee shall t111 in Ihe �=xc.rvation, and restuie thu sur(ace ol the ground �o its previou, conditiun subjeci to thc <br /> JpUrov�d �,f Ih�� SuV�'����tunden; ol Ihr Uivi�aon ul Raihudd upon whidi Ihe ��icility ih Inr.;�led. Said Supnrintendent tihall hdvn <br />